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Lawyer Network Continues to Expand to over 350 Lawyers in 37 states
New Ft. Worth Texas Law Firm Joins the List
William Nolen
Foreclosure rescue
8529 Boat Club Rd
Ft. Worth, TX 76179
Tel : 1-800-965-8464
Lawyers to check out: No Guarantees, but we have information that these attorneys are knowledgeable in the defense of foreclosure cases and capable litigators who can defend the property and perhaps even gain the advantage through quiet title or other tactics and strategies discussed here. Many of them have been to one of our Lawyers Workshops and/or have a copy of our Lawyers Workshop Handbook, but you need to talk with them directly as it always important that your lawyers understands what your objectives are and the facts surrounding your particular set of circumstances. Bear in mind that Lawyers have families to feed and mortgages to pay so you should expect to pay for professional service. How different lawyers approach a case and their fees or billing approach is up to them.
Competent local counsel is important as they are familiar with state and local laws and procedures and various idiosyncracies unique to the local forum. We will and do collaborate with them on some cases with regard to assisting with a forensic review, legal discovery research and overall claims assessment and case strategy. Remember the old saying:
A good lawyer knows the law and a great lawyer knows the Judge.
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What Lawyers Are Saying About Neil Garfield’s Seminars
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What Lawyers Are Saying About Neil Garfield’s Seminars
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I had a suit against BOA, Countrywide. They filed a demurrer. We opposed it and attacked on the issue of standing to defend. We WON the hearing! The court said from the bench that the bank had failed to show that it was the proper party ‘in interest’. Our briefs were packed with citations provided by Consumer Rights Defenders. I was skeptical of what they could do, but their knowledge of the process was a life saver. Give Mr. Nelson a call at 818-453-3585 and you will get a free consultation, I did and we are continuing our litigation. They are affordable.
Thanks Abby and all others for their hard work. Incredibly knowledgeable are the attorneys and paralegals at Consumer Rights Defenders at 818.453.3585. You can drop us a line at “CR.Defenders@yahoo.com” anytime. Keep us posted on your litigation matters and good outcomes in courts nationwide. “Though you did not stand on the moon, the event benefited all mankind.”
From Tom K., in Nebraska: I called the CRD office and got a quick response on point for my problem. They really know litigation strategies and the foreclosure scams the banks use. Keep them in mind when you need either in pro se or attorney help.”
Jennifer L., in Calif: ” I had a problem stopping the foreclosure when I was not even in default! CRD’s staff gave me some help and then I was able to file my own TRO and the judge granted the injunction. Now we are in discovery stage and I am getting the documents I need! Thanks, you guys for your tremendous support.”
Mr and Mrs. Barry L., in Fla, “Not only did CRD provide to us some forms we used successfully, last week the bank just called to offers us a full arrears forgiveness, 3% fixed for 7 years and a credit repair letter. Thanks, CRD.”
RALPH FIGHTS BACK
http://www.scribd.com/doc/91235677/RALPH-THE-HOMEOWNER-FIGHTS-BACK-AT-NEW-CENTURY-MORTGAGE-RE-INEFFECTIVE-BAR-DATE-NOTICE-TO-ALL-CONSUMERS-OF-NEW-CENTURY-MORTGAGE-AND-HOME123-CORP-LOA
Robert Thompson, Jr. of Thompson Law Group, LLC., is incredibly knowledgeable on Mortgage Securitization and one of the top Foreclosure Defenders in the Atlanta area. If you are in Georgia please contact his law office at (404) 816 0500 or visit the website for more info: http://www.thomlaw.net
Mr. Garfield, as always, great resources. Continue the fight! We sure will.
Consumer Rights Defenders just located this piece on BOA corruption. If you have a BOA Note [Countrywide] call us for foreclosure assistance at 818.453.3585 and ask for Steve or Sara. We have helped hundreds keep their home with our litigation strategies. We can assist in all fifty states.
Please watch this:
http://current.com/shows/the-young-turks/videos/bank-of-americas-phony-mortgages-are-as-fraudulent-as-fake-prada-purses-and-they-get-away-with-it
More evidence of BOA FRAUD. Call us today for some litigation strategies and help you can afford. Consumer Rights Defenders at 818.453.3585. Watch this everyone:
http://current.com/shows/the-young-turks/videos/bank-of-americas-phony-mortgages-are-as-fraudulent-as-fake-prada-purses-and-they-get-away-with-it
BANK FORGES HOMEOWNER’S SIGNATURES, HOMEOWNERS WIN AND ARE DESTITUTE FOR REPORTING THE CRIME.
As victims of bank forgery, where the bank forged both our signatures, notarized and recorded the falsified deed, we have just spent the last six years through the federal court system, fighting the bank on their insistence, even though we, as the homeowners, were 100% innocent, that we should owe them an equitable mortgage. Finally on January 3, 2012, the US Circuit Court came back with a final ruling…there will be no equitable mortgage. We are currently looking for an attorney, who is willing to go against these institutions on contingency, for the damages that their actions have caused in our lives. The following is just a taste of what we have been through.
HOW NIGHTMARES BEGIN…
When we approached World Wide Financial (a.k.a. LoanGiant) for a mortgage in January of, 2004, we were trying to come out of a year made in hell. In 2003 we had endured:
**Losing a position that I had held and excelled in at the local municipality for over 8-1/2 years in April of 2003;
**Sending a son to war and finding out that he was in Baghdad on the night of Shock and Awe; Enduring day in and day out of news report wondering if he was going to come back to us from October 2002 through June of 2003;
**Losing a son-in-law and grandson to a head-on collision at the start of Labor Day weekend 2003;
**A bankruptcy that we entered into due to medical bills being garnisheed from my wages and almost cost us our home in 1997, cost us $75,479.17 only to realize that, because of dishonest information by our first attorney, we were led down the wrong path, placed in the wrong chapter and was a major waste of time, effort and money; cost of attorney fees for this legal malpractice: $2,102.45
The realization that only a $351.01 reduction from our original principal was the result of five years of payments through the federal courts system, even though we had a federal court report that stated that $55,847.05 had been paid on our home with a total of $52,165.74 being paid on the principal;
**The humiliation, hurt and anger of having paid $9,263.92 on a 1993 Chevrolet Lumina (whose blue book value when we went into the original bankruptcy of $7,100) only to have it repossessed within the first 12 hours of converting from a Chapter 13 to a Chapter 7, less than two weeks after burying our grandson and son-in-law. We could have had the car back if we were willing to pay additional monies even though the Trustee Report stated that the claim was paid in full. We had just paid $1,034.05 in repairs on the day that our son and three-year-old grandson were killed.
To say that we were stressed out tremendously by January of 2004 would be an astronomical understatement. Our only goal was to get the Chapter 7 bankruptcy discharged and be done with it; get our home refinanced and try to get on with what was left of our lives after the devastation leveled on us in the previous year.
The pressures of our everyday lives were very intense and I let the loan officer know that clearly and directly. I was in no mood to have someone, as I termed to him, yank my chain. I explained to our loan officer that our Chapter 7 bankruptcy was due to be discharged on at the end of January. I further advised the loan officer of the reasons behind the two bankruptcies and he assured me that he and his company would be able to help us and that I just needed to relax and let him handle things.
The loan officer then took an application over the phone and requested that we set up a meeting . I met with the loan officer at that time to discuss our application. My husband had to work so I went by myself as the loan officer assured me that my husband’s presence was not necessary until the closing. It was there, again, I reiterated the stress that my family had been under. I also restated that my husband and I were both self-employed. We just needed to lighten the burden that we would be under when the bankruptcy did finally become discharged and we were saddled with 15.5% interest and high payments to our, then current, mortgage company. The loan officer assured me that he could definitely get us a better rate and lower payments and to just leave it up to him.
I then presented the loan officer with the documentation that he had requested over the phone on the previous day. Those documents being tax returns, evidence of my layoff and such that he needed to process the loan. He told me that we would most likely be closing on Saturday, January 24, 2004. I remember that I was amazed that they would do a closing on a Saturday. The loan officer assured me that they did it all the time and not to worry. I should have know then that I should have to start worrying because from that day forward nothing went the way this loan officer said it would.
Again, my husband and I were put into another stressful situation. This was just what we did not need. On or around the date of the proposed closing of January 24, 2004 I received a call from the loan officer, who stated they could not close on the loan until the bankruptcy was fully discharged. I asked the loan officer why I was just now hearing this and he said that he had just found it out himself. He, again, reassured me that everything was in place and as soon as we had the discharge, we could close. I tried not to get too agitated by the turn of events because I knew that the bankruptcy only had a few days to go before it would be discharged.
As soon as I was aware of the discharge being final, I notified the loan officer so that we could proceed to closing. Once again, we were duped. On February 20, 2004 we received, via the mail an application package from New Century Mortgage Company. I called the loan officer asking why we were going through the application process again and the loan officer stated that he was having problems with the original loan and that this company was willing to finance us at a rate of 9.121% with payments of $613.28 a month. I was beyond annoyed. Here it was, six weeks after I had initiated this refinancing fiasco and I was back at square one, applying for the loan. The loan officer assured me that it was not as big of a deal, as I was making it out to be. He stated that we would be closing on March 9, 2004.
Everything inside me told me that this was not going to end up, as he kept promising. I could not have been more right. On Friday, March 5, 2004, I received a Statement of Credit Denial from New Century Mortgage Corporation. By this time I am beyond livid. We were now into two months of trying to get this mortgage finalized and the loan officer was evasive. I finally was able to contact the loan officer, who by now had my nerves shattered. I demanded to know what he was trying to pull on us. I asked him if he was trying to help us lose our home. At that point, the loan officer said, “Fine. I will just drop this mortgage right now. I do not need your shit. Go find another mortgage company.” By this time, I have been reduced to tears, begging him not to do that to us. We had already been through so much and now this…I just wanted to get through this. On March 31, the loan officer requested a Letter for Explanation from us that he could give to New Century Mortgage Company. He stated that he had did a lot of finagling and was able to get an approval as long as we could provide a Letter of Explanation for the reason that our credit was so messed up. I reminded the loan officer that my husband and I were leaving town, to enjoy a gift from our daughter, and would be in California from April 5-9th and that we would be then in Hawaii from April 10-20. The loan officer assured me, again, that this would not present a problem because there were title companies in both states and that we would get this finalized.
On Tuesday, April 6, 2004 I began to keep in close contact with the loan officer after we arrived in California, calling him everyday, awaiting to hear what time and where this, again promised, closing was going to be. Here we were, suppose to be on a much needed vacation, trying to shed off what the previous year had put so heavily put upon us and we were dealing with a closing that was suppose to have happened back in January and several times in between.
Finally, on the morning of Thursday, April 8, 2004 I received a call from the loan officer on my cell phone telling me that the closing was going to occur at a title company located in Sacramento, California. We arranged for a ride and arrived on time for our appointment.
When we arrived, we were greeted by the woman that was going to help us through our signing. She stated that she would be notarizing the documents that we were going to be signing that day in relationship to the business dealings that we had with LoanGiant out of Michigan. The notary then sat two identical loan packets in front of my husband and me. She stated that we would go page for page through the documents and sign them one at a time. She also stated that she would take the documents from us, as we signed them, from the left pile and those documents she would notarize; the documents in the pack on the right would be our copy of the papers that we signed on that day. She stated that LoanGiant would be forwarding copies of the original notarized documents to us in the near future. We did have an issue with one thing, but nothing that would stop the proceedings.
We had finally had a closing. We thought that it was all said and done; so, on Friday, April 9, 2004 we readied ourselves for an evening flight to Honolulu to meet up with three other couples who had flew out to Honolulu from Michigan earlier in the day.
On Sunday, April 11, 2004, we boarded the Norwegian Cruise Ship the Star for a week cruise around the Hawaiian Islands. We had waited along time for this trip and were looking forward to the escape. That is until my cell phone rang while we were on the ship on Monday, April 12, 2004. There was a problem with my youngest daughters name being on the deed and they needed a quitclaim deed before they could release the funding. I could not believe my ears. The nightmare was not over. I had to spend a couple of days on the phone, in between ports, on the phone between my oldest daughter and my lawyer tracking down my other daughter and get a quitclaim deed signed and sent to the loan officer. Then only to find out that the quitclaim deed that was suppose to be so important has still to this day not been filed with the Lapeer County Register of Deeds. Here we were on the vacation of a lifetime, a vacation that my husband and I sorely needed and we were still dealing with a refinance that should have been over with months ago. It took until April 28, 2004 to straighten out the dispute that we had regarding the paying of a certain creditor. By that time I was glad to be done with the whole mess and the loan officer as well.
Fooled again. After the mortgage company tried to foreclose on us, without due process, after falling only one month behind in our payment in the Fall of 2005; we were again forced to file for a bankruptcy, that we didn’t need, to figure out what was going on and try to save our home. While reviewing the paperwork sent by that company to file a claim with the bankruptcy court I noted that their was a copy of a recorded mortgage attached, so, I sat down to look it over, seeing I had never received a copy from our loan originator, Worldwide Financial, as originally promised. When I got to the signature page, I was shocked, and knew full well the reasoning behind us never receiving a copy. These were not our signatures. It was obvious to my husband and me that both signatures had been forged. Then I turned the page and the date popped out at me like a dagger…April 8, 2004. Then in the upper left hand corner, I saw the words “State of Michigan” and “County of Oakland”. It was a notarized statement saying that Dan and I were in Oakland County Michigan on April 8, 2004 and signed this document and then it was recorded! All the feelings that were associated with that horrific loan came rushing back. I could not believe my eyes. After all that, we had been through with this loan and then they forge our names to the mortgage.
We had been subjected to lie after lie in regards to the status of this loan for over three months. I had been belittled, embarrassed and threatened to the point of breaking down and collapsing to the floor in tears; we had a wonderful gifted vacation marred by constant worrying over finalizing something that should have been completed months earlier.
The loan officer was more than aware of the painful year we had just experienced. We were lied to and made fools out of repeatedly. The loan officer and Worldwide Financial had many opportunities, not to mention the responsibility to contact us and ask us to come in and sign any unsigned documents. We, at that time, would have gladly come in and finalized anything that was not been handled in California because that would have been our duty. We would not have shirked our responsibilities in the matter, if we would have known. However, we were negated the chance to do so. Instead, someone took it upon himself or herself to forge our signatures on a mortgage, securing our home to a note, notarized it and then recorded it as being a legal document. Our public trust has been severely damaged not to mention our rights have been stepped all over. It has caused undo hardship and added aggravation to both of us and we are devastated that we were taken advantage of in such a manner that was both unwarranted and unnecessary. Little did we know that it wasn’t going to end there. Our victimization was to get kicked into high gear.
A CRIME IS COMMITTED…REPORT IT….RIGHT?
In 2005, our mortgage servicer, Saxon Mortgage, tried to illegally foreclose on us and in order to straighten out the mess they had made of our account, we were forced to enter another Chapter 13 bankruptcy. Upon receiving Saxon’s Proof of Claim, attached was a copy of our mortgage and a document I did not remember seeing before…and I was correct. When I got to the signature page, I immediately recognized that the two signatures on the page were not mine or my husbands. When I turned the page, the document was notarized, in Oakland County, Michigan on the very day that we were signing documents in Sacramento, California, and it had been recorded. In June of 2006 we filed an Adversary Proceeding against the bank, the mortgage companies and the notary based on forgery of the mortgage. Immediately, the trustee jumped on the bandwagon, hiring his own attorney, becoming a plaintiff with us, against Saxon and US Bank. We finally won in July of 2007.
The court also ignored the other counts against the defendants because, in the words of the judge, “Is your client the only one on the first terms if this court were to grant your motion of summary judgment on Count I, would that be sufficient what you believe to be the task at hand?
It was also acknowledged by the bankruptcy judge that when New Century came out of bankruptcy we could pursue avenues against them.
After winning, the trustee submitted an AP requesting the court to hold a forged mortgage void ab intio. The judge, then also held that the trustee had the right to avoid debtor’s mortgage under 544 and state law at pgs 53 & 54. The judge granted relief to us and then to the trustee which was totally inconsistent with each other and demonstrates that the judge did not follow state law. We did not appeal the order. At that time, we believed that the issue had become what is the value of an “avoided” mortgage to the trustee which was determined by the court void ab intio.
The trustee then asked the court to approve a sale of the “avoided”mortgage back to the defendant (US Bank/Saxon) for $30k and reinstating defendant’s 90k mortgage back on our property which would fracture our plan. For once the little guy had won and the trustee was attempting to completely undo the court’s holding of stripping the defendant’s lien due to debtors’ signatures having been forged on the mortgage.
To add insult to injury, the judge then ruled that the trustee could sell the mortgage back to the bank for the benefit of the estate without even determining whether the case merited an equitable mortgage. How is giving the defendants back the mortgage that they had just lost, due to forgery, benefiting the estate? What this amounted to was the bank getting the house and us being out on the streets for reporting a crime. That meant that the bankruptcy court didn’t care that there was a crime committed; their only concern was that the creditor was getting paid. The voiding of the mortgage was just house-cleaning…no harm no foul.
We understand that creditors need to get paid. We understand that we are all responsible for making sound financial decisions when it comes to our money and how we manage it. We get all that.
What we don’t get is why we, as a people, are bound to laws that dictate proper “public policy” protocol; however, when the banks happen to be the defendants, those public policy protocols seem to go out the window. If we forged your name are we not guilty of a crime? If our forgery involves a contract, is that contract and all documents pertaining to that contract not void? Yes it is. It never existed. If the contract is void, so is any document pointing to that document as a reference. The document never existed legally, therefore, reference to it is negates that document as well. That not only is common sense, it is a point of law.
In Whittlesey v. Herbrand Co., 217 Mich. 625, 628, 187 N.W. 279 (1922), quoting Short v. Van Dyke, 50 Minn. 286, 52 N.W. 643 (1892), the Court stated that “ ‘[i]n a written contract a reference to another writing, if the reference be such as to show that it is made for the purpose of making such writing a part of the contract, is to be taken as a part of it just as though its contents had been repeated in the contract. ’ ”See also United California Bank v. Prudential Ins. Co., 140 Ariz. 238, 258, 681 P.2d 390 (1983).
The Arizona Supreme Court also held: Although neither physical attachment nor specific language is necessary to incorporate a document by reference, the incorporating instrument must clearly evidence an intent that the writing be made part of the contract. When the question of whether another paper or term has been incorporated by reference depends on the “exercise of speculation, surmise and conjecture” the court will refuse to rewrite the contract. [Citations omitted.]
In all these years of litigation, the bank still stands that it has a note on the property and with that can go and sue us civilly and get a lien against our home. However, because this wasn’t part of the argument, we still have to deal with this issue.
The Arizona Supreme Court held: Although neither physical attachment nor specific language is necessary to incorporate a document by reference, the incorporating instrument must clearly evidence an intent that the writing be made part of the contrac t. When the question of whether another paper or term has been incorporated by reference depends on the “exercise of speculation, surmise and conjecture” the court will refuse to rewrite the contract. [Citations omitted.]
Due to these abuses of law, we were forced to appeal to the US District court. Since then we have have had two appeals with the US District Court of which we won both cases. The bank then felt the need to take it to the US 6th Circuit Court on appeal. Finally after 4 years and 6 months, the court finally got the message that the bank was not entitled to an equitable mortgage.
Throughout the 2011 holidays our anxiety was high. The mind plays tricks on you at this stage of the game. Is the agonizing longevity to a decision ever going to end? Will it be in our favor? The mind bends around how the system takes something that seems so obvious and turns it in favor of the defendants? The fear comes from witnessing these types of twists in our “just” legal system, within the walls of our country’s bankruptcy court system.
We were looking toward our seventh year on this journey. Each milestone we were hoping that it is our last on this road of mortgage purgatory that we have been forced to endure. I could not believe that I was entering another year in the same spot. Do we have our home? Will we have to move? Does us fighting for what is right going to just end up with us out on the street anyways? Every year it’s the same. Don’t put money into the house, just in case…meanwhile the house is exponentially deteriorating.
We are raised to believe that if you see a crime committed you report it. After what this case has put us through, we are very sure that we will think twice, before we ever report another one. After being re-victimized, not only by the bank, but the bankruptcy trustee and court as well, when they went against the stat law to ensure a victory by the creditors.
POINT OF CONTENTION
To say that we, as the homeowners in this case, have not been harmed by the actions of this bank is to say that the lack of oxygen doesn’t cause brain damage. When the bank states that they are innocent victims in this case, they are communicating a serious misnomer. Whose responsibility is it, when it comes to reviewing the documents, in relationship to the masses of transferred properties that go in between these banks on a daily basis, to inspect for consistency and legal compliance? Was it the homeowner’s duty to review the documents for discrepancies? Was it the homeowner’s responsibility to compare all signatures on every document to ensure that all forms were unfailing in regards to the compliance with mandates of state and federal law and the rights of these homeowners?
Banking institutions pay immense amounts of money for high-priced legal representation and yet these expensive counselors’ overlooked a huge red flag on the paperwork, in regards to this property. In the real world this is called inferior work and is most likely a cause for dismissal.
The red-flag in regards to this property was:
The fact that there were two different notaries, on two different sides of the country, signing that the homeowners’ were, both, in their presence on April 8, 2004.
A cursory review of the documents would have given notice to this imperfection in the paperwork. This should have been followed by a review of the signatures. How were the homeowners to know that someone thought that it was alright to forge their signatures, notarize and record them? When does the bank take responsibility for their lack of efficiency, therefore, costing their employer and the true victims of the crime, the homeowners’, hundreds-of-thousands of dollars litigating a case such as this? It takes 15 minutes to review a mortgage package; it’s taken six years of these homeowners’ lives for this neglectful act. Six years where these homeowners’, trying to regain their lives through job loss, family loss and a son serving four deployments overseas, have been burdened continuously wondering when the axe is going to fall.
If you would believe the banks’ interpretation of us you would expect to see two devil-like creatures in your midst. We understand that we, like millions of Americans, could have lost the roof over our heads over the past six years, due to tough economic times. They are not unique in today’s world. The only difference regarding our circumstance, as to everyone else, is that we were the first to find such a fraud, and for that finding they have suffered considerably. That is why this case is so “not on point”. There are no past cases where the homeowners’ had 100% clean hands. That is why the bank tried so hard to blind the court with cases where this is not the circumstance, hoping the courts will allow equity, based on cases that are, again, “not on point”. The bank not only refuses to see where their failure, in this case, is culpable; they refuse to accept accountability for the fact that it was their duty to review all documents and not the responsibility of these homeowners’.
Our point of contention is that the bank had a duty to take reasonable steps to ensure that the mortgage sought was being obtained through lawful means, by both the bank and the homeowners’, and should not be awarded, at the expense of the innocent homeowners’, for its failure to exercise due diligence. To reward the bank for failing to exercise due diligence is against public policy and support of such policy would allow the banks to step into the shoes of the court in making determinations of equity when it has been clearly demonstrated that the banks were negligent in their duty to ensure that all documentation was legal and authentic. This lending institution had several recourses that they could have utilized in this case in order to recoup the losses that were due to their own negligence, which included:
**Pursuing remedies against the notary;
**The bank’s closing counsel; and
**The title insurance carrier.
Instead, we were forced into bankruptcy perdition due initially to an underhanded foreclosure attempt by the mortgage company, when the evidence showed that we were only one monthly payment behind on their mortgage. Since this case was instated the evidence of this company’s’ practices have went off the charts. Had the mortgage company been upright in their bookkeeping and practices we would have never known about the crime committed against us and we would have lost their home. It can be correctly assumed that there are multitudes of people who have lost their homes that have had this crime committed against them as well. Is it right that we have been made to suffer due to due diligent negligence of the bank?
There is a question of ethics as well, on several fronts. The trustee hired an independent attorney to stand with us against this atrocious behavior; only to find that attorney, upon avoidance of the mortgage, was making backdoor deals with the defendants to sell the avoided mortgage back to the guilty party for $30,000. The trustee took all the monies that had been paid into an unnecessary bankruptcy to pay the trustee’s attorney. The second ethical question comes when we discovered that the bank then took it upon them to collect on the notary’s bond, citing a loss that they had yet to incur. They lost title to this property in 2007 and yet they still have this property as a valid mortgage in their systems as evidenced by the constant reporting and viewing of our credit reports. The bank has obviously lost nothing. Let us review what we have lost:
Loss of public trust due to this banks greed, recklessness and irrationality has caused us to discover the laws that pertain to them do not pertain to the banking world; knowing that our name can be signed and notarized without any consequences to the offending party.
Loss of respect and belief in the justice system; which has been shattered beyond repair as we have watched a pro-creditor system award bad behavior and accept excuses that would have sent us straight to jail.
We have watched as these public institutions get away with their corruptions while we, the victims were left defenseless; having our reputations, credit and home tore apart by the offenders.
Loss of the ability to improve credit rating; we have to live with restrictions on our lives that have been magnified by the fact that this invalid mortgage has been on our credit report for years after the mortgage and note were avoided. The mortgage never existed; however, the bank has been allowed to persecute us by reporting a $74,000 deficit on our “mortgage”. This mortgage never existed in the eyes of the law; however, it exists and is very present on our lives, hindering us from moving forward making necessary repairs to our property and our lives.
We wonder why we even reported the crime; it would have been less painful and damaging to just lose the house to the fraud and move on.
Let’s reverse the situation. What would the consequences have been to us had we been the ones to sign and notarize such important documents? All one needs to do is pick up a current newspaper and
read what happens to “people” who break these laws. How is it that these banks are allowed to get away with such crimes with a “pat-on the back mentality? Does the court realize that by allowing these atrocious behaviors to go unpunished is saying that its’ alright to break the law if you are a big bank or business; the laws don’t pertain to you? Per Michigan law, we would have been facing up to a 14-year prison sentence and would have had to pay restitution until our dying day.
Another issue at hand is that we paid for title insurance; however, instead of enforcing the title policy, the bank has elected to go after us, tarnishing our credit beyond repair as well as our reputation within this court and with anyone who reads the court documents. The bank found pleasure in using a gifted trip against us, paying no heed to the fact that this trip was a gift from our daughter, after the death of our son-in-law (her husband) and three year old grandson (her son), touting irresponsibility on the part of the homeowners’. Through every brief submitted by the bank, since the inception of this case, it is noted how irresponsible we were for going on such a trip and insinuating that we used the proceeds from the “mortgage” to go on this trip. We were already suffering from an unimaginable tragedy, yet the bank used this beautiful gift against us in an attempt to win the case. Are the banks’ slanderous accusations against us an attempt to blind the courts to their own tortuous behavior? Could it be that the bank realizes that the title insurance won’t pay off because there was a forgery, by the bank, which invalidates the insurance; not allowing the arsonist to be paid for the fire as it were? What message are we sending to the people of this country when we go after the victims so vigilantly, furthering their pain as with our case, for reporting offenses such as these?
The bank, by continuing to go after us and not taking other avenues available to them (i.e., sue the Notary; collect the title insurance), have demonstrated their contempt for us, as homeowners’ instead of, again, doing their job. Why is it alright that we paid for a title insurance policy, to protect the bank, yet the policy is ignored, as if it doesn’t exist? Why did the bank not go after the notary such as we did, get a judgment and then legally go after monies that may actually belong to them instead of sneaking in and grabbing money that they were not awarded?
We are mortified by this experience, praying that we will never witness a crime and be put in the position of having to decide whether it will be worth the next x-amount of years of our lives to report it.
We’ deserve to be able to move on with our lives without this fear. We have the right to protect the rights of our children and our children’s children. By the courts ignoring the culpability of this bank and others, we are sending a message to the American public that our laws mean nothing. Awarding equity in this case would have been the equivalent of awarding the arsonist. Signing your name in front of a notary would have become a joke. What would necessitate this action if it doesn’t matter? This case has the power to further muddy the waters of an already outrageous situation; or it has the power to put the banks on notice that this will not be tolerated. Our only crime was that we fell one month behind in our mortgage; it was the unethical actions of all banking representatives involved that have cost us many years of our lives and we may likely never recover from the damage that this case has caused in our lives.
What is the Point of Title Insurance?
The risk of forgery or a void instrument in the chain of title is commonly covered by title insurance, so why wasn’t the policy honored in this case. We, the homeowners, purchased title insurance to cover the bank.
A title insurance policy is a contract to indemnify, or protect, the insured, either the owner or the bank, from certain losses or damages suffered as a result of unknown liens, mortgage or any other defects in the title to real estate. Even though we nor the title insurance company knew that our property’s mortgage release was forged our title insurance policy, for the bank, should have protected them from a loss when the forgery is discovered. We may even presume, seeing that the bank took the notary bond, which was suppose to come to us, that the title insurance company did pay the bank.
After all, we do know that they collected that bond before they had actually sustained a loss. We were still in the judicial process of finding out whether or not they were going to get an equitable mortgage. Instead of the US Bank recouping their loss from title insurance that we paid for…they have went after us.
DAMAGES
The following damages are, in our opinion, considered to be part of our case, and possibly yours as well.
Breach of Contract occurred when the bank failed to fulfill the duties under the contract terms. A contract can be breached in the following ways:
One party does not perform as he or she promised, In our case the bank used a document against us, where we signed that if any documents that were not signed, upon contact by the bank, we would be legally mandated to come in and sign the documents.
One party does something that makes it impossible for the other party to perform the duties under the contract; in our case, we were never contacted about the missing signatures, so therefore the bank made it impossible for us to perform the duties assigned under the contract
One party makes it clear that he or she does not intend to perform the contract duties; when the bank did not contact us, they violated the very contract that for the past five years, have used against us in the judicial system.
The appropriateness of the remedy of injunction against a tort depends upon a comparative appraisal of all of the factors in the case, including the following primary factors:
**the nature of the interest to be protected (our home),
**the relative adequacy to the plaintiff of injunction and of other remedies,
**any unreasonable delay by the plaintiff in bringing suit,
**any related misconduct on the part of the plaintiff (none on our part),
**the relative hardship likely to result to defendant if an injunction is granted and to plaintiff if it is denied,
**the interests of third persons and of the public (this should be obvious), and
**the practicability of framing and enforcing the order or judgment.
Unconscionable conduct is also found in acts of fraud and deceit, where the deliberate misrepresentation of fact deprives someone of a valuable possession. Whenever someone takes unconscionable advantage of another person, the action may be treated as criminal fraud or the civil action of deceit.
Forgery is the creation of a false written document or alteration of a genuine one, with the intent to defraud.
The court has already deemed that the crime of forgery was committed. Therefore, the court, by finding that it was a true forgery, means that the court believed that it was the banks “intent” to defraud.
Violations of TILA (the Truth in Lending Act) the law that dictates that as a part of every loan transaction, the bank must provide the homeowner correct disclosures (Never received a disclosure that the mortgage had not been signed, actually never received a copy of the mortgage) at or before the time of closing, including the amount of the finance charge and APR. If these disclosures are inaccurate, the loan may be statutorily rescind-able under TILA. The lender must also provide a “Notice of the Right to Rescind.” This is a specific notice that must be provided to refinance customers at closing. If this form is inaccurate or incorrect, the loan is rescind-able up to three years after the date of closing. Rescission means the loan is canceled and all money paid to the lender is refunded. Moreover, if you purchased the property or used the proceeds to refinance and proper disclosures were not given, then you may also be entitled to money damages to offset the foreclosure.
Violations of RESPA (Real Estate Settlement Procedures Act), the federal law that dictates many type of disclosures that lenders must provide at the time of closing, in addition to prohibiting things such as kickbacks and unearned fees
Breach of Fiduciary Duty occurred when the lender lied about our bankruptcy status on the mortgage application (although they had to wait until the bankruptcy was confirmed to finish the loan).
Wrongful Intent/Negligence by the Bank occurred when they did not review the documents and allowed for forgeries to exist.
Intentional Infliction of Severe Emotional Distress occurred when the conduct of the bank was shocking and outrageous in character beyond all bounds tolerated by society
Abuse of Relationship of Trust occurs when a person or business in authoritative position abuses our trust, in our case, by signing our names, notarizing the document and recording it as well as the threats that were made against us during the loan process and negligence by the bank by not insuring that the documents that they were assigned were in proper order,
Act for Improper Purpose occurs when the conduct caused severe emotional distress and mental suffering; i.e., the inability to hold a job due to the anger and anxiety caused by the case; our loss of all public trust in regards to our government/banking institutions; extreme stress from the years of having to defend our innocence and the banks constant throwing of money into this case in an attempt to take our property even though they were aware that the laws that they were citing against us were not on point.
An Intentional Tort occurred when the forgery was committed and is not based on fault or culpability. This bank, although not the originators of the forgery, by consistently forcing us to fight this crime, is a civil wrong. Also, deeded a civil wrong:
**Alienation of Affection occurred when the stress of this case has caused
**Trespass occurred when the bank, for the past four years, has committed a wrongful interference with the possession of our property. They lost their mortgage in 2007 and yet, here it is 2012 and their name is still on our deed and credit report.
Violation of Consumers Protection Act is when a company engages in unfair or deceptive trade or practice if it “does not attempt in good faith to effectuate prompt, fair and equitable settlements of claims in which liability has become reasonably clear by failing to communicate and failing to conduct a reasonable investigation when it was made aware of Defendants’ claim against it. Reprehensibility is found to have malice, oppression, or fraud because it thought the defendant’s conduct reprehensible in some way. If forgery by the bank is not reprehensible, I don’t know what is.
Violations of the Consumer Fraud Act occurred when the banks violated the law by engaging in “unconscionable commercial practices, deception, fraud, false pretense, false promises, misrepresentations, and/or the knowing[] concealment, or omission of material facts.” To state a claim under this act, a plaintiff must show:
**unlawful conduct by defendant (the forgery);
**an ascertainable loss by plaintiff (six years of litigation and life); and
**a causal relationship between the unlawful conduct and the ascertainable loss (this is obvious)
The subject will be considered with reference to:
**The making or alteration requisite to constitute forgery.
**The written instruments in respect of which forgery may be committed.
**The fraud and deceit to the prejudice of another man’s right.
**The statutory provisions under the laws of the United States, on the subject of forgery.
**With regard to private writings it is forgery fraudulently to falsify or falsely to make a deed or will or any private document whereby another person may be prejudiced.
Libel occurred when the bank, in their briefs, which are published, defamed us regarding our “vacation” in Hawaii. The bank intentionally used that trip against us as if to show that we were being and are financially irresponsible. The trip was gifted to us, by our daughter, after the death of her husband and son-in-law, because our daughter felt that we had been put through hell the previous year and that we needed a break; not because we were financially irresponsible…and falling only one month behind on our mortgage does not demonstrate financial irresponsibility either.
These are just a few of my points. Here is the reality of our situation. For six years we fought a fight we never should have been in in the first place. Our home is falling around our feet…as I type this we were just served by the city for being in violation because our garage is falling to the ground. This bank, unjustly went after us. The title insurance company did not pay out for a policy that we paid for. We have been damaged…we are reduced to being on food stamps and have lost six years of our lives for “doing the right thing”. We need an attorney who will help us…how can a woman who discovers robo-signing win a multi-million dollar suit when no homeowners signatures were signed…and yet they have destroyed our credit…we have no way of clearing the title…our credit is screwed because they are reporting a mortgage that never existed. It’s getting to the point where it’s affecting my husband and my health…we were victims…will someone please help us go after the damages that this bank and other entities have caused us…please…
We have seen some good results in post foreclosure cases in UD courts employing some solid litigation strategies. Call Consumer Rights Defenders and ask for Sara at 818.453.3585. We are starting to see the tide change in courts across the country. Don’t give up, get you lender into a lawsuit! If a good result comes you way, share it with us on our website at Facebook.
CALIFORNIA AG KAMALA HARRIS ARRESTS 3 NORTHERN CALIFORNIA ATTORNEYS FOR LOAN MOD SCAM. TODAY.
http://www.scribd.com/doc/84553358/AG-Kamala-Harris-Arrests-3-Attorneys-in-California-for-Loan-Mod-Scam-March-8-2012
Any good and experienced lawyer in Maryland please.
I say public work and public change . Change .org , can change all of the stuff happen today , by making a vote , people if yall feel ,trustee or the admininstration of any bank or company is doing yall wrong , go to change .org . Sign up , and get the vote done , if u feel a trustee with a legal tittle to , a deed of trust for 14 years is too long , and that need to be broken down to 10 years , and the deed of trust ends , go to- change .org . And the public can vote this mess out of the woods .its a clear sign the companies in the world today , their admininstration cares about nobody .
Great blog here – a dirty trustee , wouldn’t give a crap about , telling you they are just trustee with a legal tittle , because if u new that , u would always say in the back of ya- head ill wait on the owner of the trust . To make a better deal with him , a second party is always trying to jig. The price , to do what make more money , for them selfs , what I want to no is , can a trustee evit , a benificary from the trust property . And if the benificary been paying rent to the trust for over 6 years that state of geogia and wasshington dc ? And like I said before , what if u didn’t even no the trust property u paying the rent too , was owned by u , and the trustee never said a word or even gave u a notice they was a trust for u on the property , u found out throw the great vines .and then after u found out , out of the blue u been paying rent to the trustee on property u own . What happen when all of this stuff hit the light ? Do u keep paying the trustee or do u say hell no , yall pay me I have legal tittle to the property cause I’m the benificary of the property and yall are just trustee ? What happen here ? ?
Mass. gets it…check out this case complements of Consumer Rights Defenders. 818.453.3585, helping defend your home. Ask for Steve or Sara.
Now read this:US Bancorp and Wells Fargo & Co. lost a foreclosure case in Massachusetts’s highest court that will guide lower courts in that state and may influence others in the clash between bank practices and state real estate law. The ruling drove down bank stocks.
The state Supreme Judicial Court today upheld a judge’s decision saying two foreclosures were invalid because the banks didn’t prove they owned the mortgages, which he said were improperly transferred into two mortgage-backed trusts.
US Bancorp and Wells Fargo & Co. lost a foreclosure case in Massachusetts’s highest court that will guide lower courts in that state and may influence others in the clash between bank practices and state real estate law. The Photographer: Noah Berger/Bloomberg
Jan. 10 (Bloomberg) — Joshua Rosner, an analyst at Graham Fisher & Co., talks about the implications of a court ruling against U.S. Bancorp and Wells Fargo & Co. in a Massachusetts foreclosure case. The state Supreme Judicial Court upheld a judge’s decision saying two foreclosures were invalid because the banks didn’t prove they owned the mortgages, which he said were transferred into two mortgage-backed trusts without the recipients’ being named. Rosner speaks with Deirdre Bolton on Bloomberg Television’s “InsideTrack.” (Source: Bloomberg)
“We agree with the judge that the plaintiffs, who were not the original mortgagees, failed to make the required showing that they were the holders of the mortgages at the time of foreclosure,” Justice Ralph D. Gants wrote.
Wells Fargo, the fourth-largest U.S. lender by assets, dropped $1.10, or 3.4 percent, to $31.05 at 11:41 a.m. in New York Stock Exchange composite trading. US Bancorp declined 28 cents, or 1.1 percent, to $26.01.
The 24-company KBW Bank Index fell as much as 2.2 percent after the decision was handed down.
Claims of wrongdoing by banks and loan servicers triggered a 50-state investigation last year into whether hundreds of thousands of foreclosures were properly documented as the housing market collapsed. The probe came after JPMorgan Chase & Co. and Ally Financial Inc. said they would stop repossessions in 23 states where courts supervise home seizures and Bank of America Corp. froze U.S. foreclosures.
Teri Charest, a spokeswoman for Minneapolis-based US Bancorp, didn’t immediately return a call for comment. Jason Menke, a spokesman for San Francisco-based Wells Fargo, didn’t have an immediate comment.
Foreclosures Voided
Charest previously referred questions on the case to the loan servicer for both mortgage-backed trusts, American Home Mortgage Servicing Inc. Philippa Brown, a spokeswoman for Coppell, Texas-based American Home Mortgage, didn’t have an immediate comment.
In March 2009, Massachusetts Land Court Judge Keith C. Long voided the foreclosures, finding that the mortgage transfers were done months after the house sales. In October of that year, Long declined the banks’ request to reverse that ruling after they argued that the documents that bundled together the mortgages had transferred those instruments to them.
Today’s court decision held out the possibility of securitization documents properly transferring mortgages.
Such documents, along with “a schedule of the pooled mortgage loans that clearly and specifically identifies the mortgage at issue as among those assigned, may suffice to be proof that the assignment was made by a party that itself held the mortgage,” Gants wrote. “However, there must be proof that the assignment was made by a party that itself held the mortgage.”
The case is U.S. Bank v. Ibanez, 10694, Supreme Judicial Court of Massachusetts (Boston). The lower-court cases are U.S. Bank National Association v. Ibanez, 08-Misc-384283, and Wells Fargo Bank NA v. LaRace, 08-Misc-386755, Commonwealth of Massachusetts, Trial Court, Land Court Department (Boston).
To contact the reporter on this story: Thom Weidlich in Brooklyn, New York, federal court at tweidlich@bloomberg.net.
This is how a real court trial works, thanks Matthew.
http://mattweidnerlaw.com/blog/wp-
content/uploads/2012/02/PARRISTRANSCRIPT.pdf
Consumer Rights Defenders works with pro se’s, attorney’s as their back up staffers and has wide experience in foreclosure defense, use of expert witnesses, trial preparation and preparation of examination for use a trial.
Never let a bank beat you out of your home. Call today 818.453.3585
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DOES HAMP WORK? Here is a nonspecific article we found in an attorney’s foreclosure publication. We hope this may help. If not give us a call at 818.453.3585 to explore some options. Ask for Sara Stephens. Attorney directed and supervised litigation assistance helping homeowners nationwide. Now read this:
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Home Affordable Modification Program (HAMP): The Home Affordable Modification Program (HAMP) was developed by the U.S. Treasury Department as part of the Making Home Affordable Refinance Program (above). HAMP works in tandem with the HOPE program , allowing homeowners who are behind on their mortgage payments to modify the terms of their first mortgage by lowering monthly payments to 31% of their gross income. This level is achieved by reducing the interest rate to as low as 2% and extending the term of the loan or deferring payment on part of the principal. The program includes the use of short sales and deeds in lieu of foreclosure if a borrower cannot complete the modification process.
A critical eligibility requirement is that default in payment by the borrower be reasonably foreseeable. Servicer participation in HAMP is voluntary; however, Fannie Mae, Freddie Mac and financial institutions receiving assistance under the Financial Stability Plan are required to implement the plan. The program is scheduled to end December 31, 2012.
(1) Participating servicers who fail to provide HAMP loan modifications to eligible homeowners; defense to foreclosure? Servicers participating in HAMP are required to review a borrower’s eligibility for the program and cannot conduct a foreclosure sale absent such a review. In fact, HAMP servicers are not even supposed to initiate foreclosure proceedings until a borrower has been evaluated and determined ineligible for the program, or if the borrower fails to respond to the servicer’s Trial Period Plan offer. [See Pub.L. 111-22, | 401]
From Mike S, in Colorado who says: “I used Consumer Rights Defenders in my Colorado cases. I recommend them highly. They are competent, extremely knowledgeable and caring and really there for you all the way. They really helped us out.” 2-9-2012
CRD, can help with the litigation work that you will need from A-Z, starting with your complaint and then work through discovery which is the most important part of your case. You should consider having counsel for depositions, court appearances and settlement conferences and in the unlikely event you need a trial. Most cases settle. We have referrals if you are concerned about what we can do for you.
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People don’t even read the blog before the reply . If a owner of a company . Isent been feed by a trustee , that is a trustee for the owner of jpmorgan , then nobody need to be talking about getting a house back , we all need to be taking about removing the low down trustee from legal tittle on the bank , and let the benificary owner on tittle take control . Now don’t this sounds right ? A lawyer can make a case on information like this by his self probonda work .ask the judge to pull the contract and revoke it too . Both at the same time . Trustee laws says a judge can revoke a trust .
Ok u say a lawyer no the law , but do a lawyer no this , can a trustee give a benificary a copy of the trust if its a sealed trust ? From what I saw on trust laws , they should have gave up a copy of that and a copy of the tax records the trust file every year as well , but if u look below , there one blog or two , saying they never took a trustee even in a sit down at a law firm or any place at all . Now that kind of strange that don’t sound like a blog , that sound like it could be real .anybody fileing tax form 1041 or 1099 with the irs is doing trust or trustor work . A blind trust is the worst trust too have . Recall a vice president of a trust company saying , they can’t find the trustee name . So how can it be a trustee running a corp estate and nobody has a clue to who she or he is .and who would like a owner of any property sit their and let them put their child in a trust so evil .blind trust are evil .and it is evil . And blind trust can go for some vitim for 14 years with nothing while the trustee lives fat . And that the case with one blog below , his trustee are fat while he’s trash . Who ever made the laws to trustee must to have hated their job .they was thinking about how a person can go throw hell with a blind trust from a trustee , and a irrovocable trust same way , u can take the trust back wants its started . But a judge can change it . But have any judge change any trustee contract ?
This http://www.callforeclosurerescue.com is no good. It goes to nowhere. Please let me know how to contact help for Indiana please.
Relatively new case from 2011 worth reading. If you need help we can work a strategy with you. Consumer Rights Defenders at 818.453.3585 is here to help.
Now read this which places importance on making a simple statement of facts in each cause of action or risk the consequence of being demurrered out with prejudice. Pro Se’s…read this case carefully There is another case that counters this we can discuss when you call.
_______________________________________________
ANNA OF GEORGNER, Plaintiff,
v.
BRIAN T. MOYHIHAN, et al., Defendants.
No. 1:11cv0562 OWW DLB.
United States District Court, E.D. California.
May 24, 2011.
FINDINGS AND RECOMMENDATION REGARDING DISMISSAL OF ACTION
DENNIS L. BECK, Magistrate Judge.
Plaintiff “Anna of Georgner, Freehold estate, Licensor,” (“Plaintiff”), appearing pro se, filed the instant action on April 5, 2011. Pursuant to the Court’s order, Plaintiff filed a First Amended Complaint (“FAC”) on May 13, 2011. Plaintiff paid the filing fee and is therefore not proceeding in forma pauperis.
The FAC names the following Defendants: (1) “Brian T. Moyhihan and/or successors d/b/a CEO of Bank of America, N.A.,” (2) “Sam Palmisano, successor CEO of IBM Short Sales & LBPS an ens legis to conceal fraud as a foreclosure mill;” (3) “James F. Taylor and/or successor(s), d/b/a Pres/CFO, Reconstruct Co., an ens legis to conceal fraud;” (4) “Kevin R. McCarthy, Pres/CFO Quality Loan Service;” (5) “Fannie Mae CFO David Hisey and/or successors;” (6) Peter Michno in esse, and S&P Associates, an ens legis;” and (7) “Mark Chu in esse d/b/a ActiveRain Corp., Big Realty et al., which are fictions used to conceal fraud.”
DISCUSSION
A. Screening Standard
A trial court may dismiss a claim sua sponte under Fed. R. Civ. P. 12(b)(6) where the claimant cannot possibly win relief. Omar v.Sea-Land Service, Inc., 813 F.2d 986, 991 (9th Cir. 1987); Wong v. Bell, 642 F.2d 359, 361-62 (9th Cir. 1981). A claim is legally frivolous when it lacks an arguable basis either in law or fact. Neitzke v. Wiliams, 490 U.S. 319, 325 (1989); Franklin v. Murphy, 745 F.2d 1221, 1227-28 (9th Cir. 1984). A federal court may dismiss a claim as frivolous where it is based on an indisputably meritless legal theory or where the factual contentions are clearly baseless. Nietzke, 490 U.S. at 327.
In addressing dismissal, the Court must accept as true the allegations of the complaint in question, Hospital Bldg. Co. v. Trustees of Rex Hospital, 425 U.S. 738, 740 (1976), construe the pro se pleadings liberally in the light most favorable to the Plaintiff, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000), and resolve all doubts in the Plaintiff’s favor, Jenkins v. McKeithen, 395 U.S. 411, 421 (1969).
B. Plaintiff’s Allegations
Despite the Court’s prior instruction to provide a short and plain statement of her claims, Plaintiff continues to use archaic legal terms and write in a manner that makes it difficult to discern her facts and contentions. She also continues to reference irrelevant statutes and case law.
It appears that Plaintiff acquired two parcels of property in Fresno, California, on August 15, 2005, “in currency exchanges.” FAC, at 3.
She contends that the parcels were “unlawfully transferred or conveyed by Defendants, and then sold or re-sold by Defendants through fraudulent non-judicial foreclosure procedures purporting to be alleged Trustees’ Sales.” Plaintiff alleges that the properties were sold despite Defendants’ knowledge of court proceedings and “Notices to Cancel Default and cancel Trustees’ Sales.” She also argues that Defendants have failed to perfect the foreclosure by refusing to return the Genuine Original Promissory Note and Deeds of Trust. FAC, at 3.
Plaintiff further contends that Defendants did not have the right to sell the properties because they did not established their position “as the `source or the loan’ or as the True Creditor under the Mobius Nemsis Doctrine” and have not “adequately survived the `Decker Test.’” FAC, at 4. Plaintiff alleges that she is “in fact the intended TRUE Title Holder of the real properties in question.” FAC, at 4.
Plaintiff states that there “is no factual evidence” that she defaulted on the loan.
As to the individual Defendants, Plaintiff alleges the following: (1) Bank of America CEO Brian T. Moynihan refused to timely respond to her inquiries in October 2010, (2) Sam Palmisano of LBPS falsified public documents, entered a Notice of Default without due process or probable cause, and transferred the properties without due process, (3) James F. Taylor, through Recontrust Co., quickly re-sold or transferred one property to Fannie Mae, (4) Kevin R. McCarthy, through Quality Loan Services Corp., quickly re-sold or transferred one property to Fannie Mae despite knowledge of a prior lawsuit, (5) David Hisey, through Fannie Mae, split the properties to be re-sold by two different organizations; (6) Peter Michino of S&P Associates notified Fannie Mae of this action on April 6, 2011, (7) R.K. Arnold[1] of Mortgage Electronic Registration Systems, Inc., concealed fraud and (8) Mark Chu, through his fictitious companies, willfully harassed lawful tenants.
Plaintiff alleges that the Defendants have conspired in operating a foreclosure mill and falsifying public notary documents and records. She also references several sections of the Uniform Commercial Code States, the Racketeer Influenced and Corrupt Organizations Act and the Civil Rights Act.
Plaintiff alleges claims for declaratory relief and requests that the Court stay foreclosure proceedings until the true creditor can be established.
C. Failure to Satisfy Federal Rule of Civil Procedure 8
Plaintiff’s complaint again fails to satisfy Federal Rule of Civil Procedure 8, which requires a plaintiff to “plead a short and plain statement of the elements of his or her claim, identifying the transaction or occurrence giving rise to the claim and the elements of the prima facie case.” Bautista v. Los Angeles County, 216 F.3d 837, 840 (9th Cir. 2000).
Rule 8(d)(1) requires each allegation to be “simple, concise, and direct.” This requirement “applies to good claims as well as bad, and is the basis for dismissal independent of Rule 12(b)(6).” McHenry v. Renne, 84 F.3d 1172, 1179 (9th Cir. 1996). “Something labeled a complaint but written more as a press release, prolix in evidentiary detail, yet without simplicity, conciseness and clarity as to whom plaintiffs are suing for what wrongs, fails to perform the essential functions of a complaint.” Id. at 1180. “Prolix, confusing complaints . . . impose unfair burdens on litigants and judges.” Id. at 1179.
Moreover, a pleading may not simply allege a wrong has been committed and demand relief. The underlying requirement is that a pleading give “fair notice” of the claim being asserted and the “grounds upon which it rests.” Yamaguchi v. United States Dep’t of Air Force, 109 F.3d 1475, 1481 (9th Cir. 1997). Despite the flexible pleading policy of the Federal Rules of Civil Procedure, a complaint must give fair notice and state the elements of the claim plainly and succinctly. Jones v. Community Redev. Agency, 733 F.2d 646, 649 (9th Cir. 1984). A plaintiff must allege with at least some degree of particularity overt facts which defendant engaged in to support plaintiff’s claim. Id. at 649. A complaint does not suffice “if it tenders `naked assertion[s]‘ devoid of `further factual enhancement.’” Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 557 (2007)). The United States Supreme Court has explained:
While, for most types of cases, the Federal Rules eliminated the cumbersome requirement that a claimant “set out in detail the facts upon which he bases his claim,” Conley v. Gibson, 355 U.S. 41, 47, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957) (emphasis added), Rule 8(a)(2) still requires a “showing,” rather than a blanket assertion, of entitlement to relief. Without some factual allegation in the complaint, it is hard to see how a claimant could satisfy the requirement of providing not only “fair notice” of the nature of the claim, but also “grounds” on which the claim rests.
Twombly, 550 U.S. at 556, n. 3.
Plaintiff’s complaint again lacks specific, clearly defined allegations and fails to give Defendants fair notice of the claims against them. The few facts contained in the FAC are buried in pages of sometimes unintelligible writing and it is therefore difficult to extract relevant facts and legal arguments.
Other than the facts set forth above, Plaintiff provides no further factual information. She alleges only conclusory allegations against each individual Defendant. Plaintiff also fails to provide sufficient facts about the events leading up to the foreclosure, including the basis upon which the property was foreclosed.
The FAC therefore fails to satisfy Rule 8.
D. Jurisdiction
Plaintiff attempts to invoke this Court’s diversity and federal question jurisdiction.
Federal courts are courts of limited jurisdiction. Congress has conferred subject matter jurisdiction on this Court for cases involving a federal question and for cases between citizens of different states.
Diversity jurisdiction requires that the parties be citizens of different states and the amount in controversy exceed $75,000. 28 U.S.C. § 1332. A corporation is deemed to be a citizen of its state of incorporation and the state where it has its principal place of business. 28 U.S.C. § 1332(c)(1). “The essential elements of diversity jurisdiction, including the diverse residence of all parties, must be affirmatively alleged in the pleadings.” Bautista v. Pan Am. World Airlines, Inc., 828 F.2d 546, 552 (9th Cir.1987). Plaintiff is a citizen of California and she concedes that “some of the Defendants are California state and/or Fresno County residents.” FAC, at 2-3. Complete diversity therefore does not exist and Plaintiff cannot bring this action pursuant to the Court’s diversity jurisdiction.
Insofar as Plaintiff purports to invoke this Court’s federal question jurisdiction, the FAC does not sufficiently allege a claim under any law of the United States or any constitutional provision. Though Plaintiff may reference federal laws, she provides no facts to properly allege violations of federal laws. 28 U.S.C. § 1331.
E. Failure to Tender Indebtedness
Plaintiff’s complaint fails to allege that she tendered the amount of the debt owed.
“A tender is an offer of performance made with the intent to extinguish the obligation.” Arnolds Mgmt. Corp. v. Eischen, 158 Cal.App.3d 575, 580 (1984) (citing Cal. Civ. Code, § 1485; Still v. Plaza Marina Commercial Corp., 21 Cal.App.3d 378, 385 (1971)). “A tender must be one of full performance . . . and must be unconditional to be valid.” Id. “Nothing short of the full amount due the creditor is sufficient to constitute a valid tender, and the debtor must at his peril offer the full amount.” Rauer’s Law etc. Co. v. S. Proctor Co., 40 Cal.App. 524, 525 (1919).
A defaulted borrower is “required to allege tender of the amount of [the lender's] secured indebtedness in order to maintain any cause of action for irregularity in the sale procedure.” Abdallah v. United Sav. Bank, 43 Cal.App.4th 1101, 1109 (1996). “A party may not without payment of the debt, enjoin a sale by a trustee under a power conferred by a deed of trust, or have his title quieted against the purchaser at such a sale, even though the statute of limitations has run against the indebtedness.” Sipe v. McKenna, 88 Cal.App.2d 1001, 1006 (1948).
In FPCI RE-HAB 01 v. E & G Investments, Ltd., 207 Cal.App.3d 1018, 1021 (1989), the California Court of Appeal explained:
. . . generally “an action to set aside a trustee’s sale for irregularities in sale notice or procedure should be accompanied by an offer to pay the full amount of the debt for which the property was security.” . . . . This rule . . . is based upon the equitable maxim that a court of equity will not order a useless act performed. . . . “A valid and viable tender of payment of the indebtedness owing is essential to an action to cancel a voidable sale under a deed of trust.” . . . The rationale behind the rule is that if plaintiffs could not have redeemed the property had the sale procedures been proper, any irregularities in the sale did not result in damages to the plaintiffs. (Citations omitted.)
An action to set aside a foreclosure sale, unaccompanied by an offer to redeem, does not state a cause of action which a court of equity recognizes. Karlsen v. American Sav. & Loan Assn., 15 Cal.App.3d 112, 117 (1971). The basic rule is that an offer of performance is of no effect if the person making it is not able to perform. Id. at 118. Simply put, if the offeror “is without the money necessary to make the offer good and knows it” the tender is without legal force or effect. Id. at 118. “It would be futile to set aside a foreclosure sale on the technical ground that notice was improper, if the party making the challenge did not first make full tender and thereby establish his ability to purchase the property.” United States Cold Storage v. Great Western Sav. & Loan Assn., 165 Cal.App.3d 1214, 1224 (1985). “A cause of action `implicitly integrated’ with the irregular sale fails unless the trustor can allege and establish a valid tender.” Arnolds Mgmt., 158 Cal.App.3d at 579.
“It is settled in California that a mortgagor cannot quiet his title against the mortgagee without paying the debt secured.” Shimpones v. Stickney, 219 Cal. 637, 649 (1934); see Mix v. Sodd, 126 Cal.App.3d 386, 390 (1981) (“a mortgagor in possession may not maintain an action to quiet title, even though the debt is unenforceable”); Aguilar v. Bocci, 39 Cal.App.3d 475, 477 (1974) (trustor is unable to quiet title “without discharging his debt”).
Moreover, to obtain “rescission or cancellation, the rule is that the complainant is required to do equity, as a condition to his obtaining relief, by restoring to the defendant everything of value which the plaintiff has received in the transaction. . . . The rule applies although the plaintiff was induced to enter into the contract by the fraudulent representations of the defendant.” Fleming v. Kagan, 189 Cal.App.2d 791, 796 (1961). “A valid and viable tender of payment of the indebtedness owing is essential to an action to cancel a voidable sale under a deed of trust.” Karlsen, 15 Cal.App.3d at 117. Analyzing “trust deed nonjudicial foreclosure sales issues in the context of common law contract principles” is “unhelpful” given “the comprehensive statutory scheme regulating nonjudicial foreclosure sales.” Residential Capital v. Cal-Western Reconveyance Corp., 108 Cal.App.4th 807, 820-821 (2003).
“The rules which govern tenders are strict and are strictly applied.” Nguyen v. Calhoun, 105 Cal.App.4th 428, 439 (2003). “The tenderer must do and offer everything that is necessary on his part to complete the transaction, and must fairly make known his purpose without ambiguity, and the act of tender must be such that it needs only acceptance by the one to whom it is made to complete the transaction.” Gaffney v. Downey Savings & Loan Assn., 200 Cal.App.3d 1154, 1165 (1988). The debtor bears “responsibility to make an unambiguous tender of the entire amount due or else suffer the consequence that the tender is of no effect.” Id.
Plaintiff’s complaint does not reference her tender of indebtedness or a meaningful ability to do so. Though she states that there is no “factual evidence” of default, this does not negate the need to allege tender. Abdallah v. United Sav. Bank, 43 Cal.App.4th 1101, 1109 (1996). Without Plaintiff’s meaningful tender, the remedies she seeks are unavailable.
F. Foreclosure Sale Presumption
Under California law, a lender may pursue non-judicial foreclosure upon default with a deed of trust with a power of sale clause. “Financing or refinancing of real property is generally accomplished in California through a deed of trust. The borrower (trustor) executes a promissory note and deed of trust, thereby transferring an interest in the property to the lender (beneficiary) as security for repayment of the loan.” Bartold v. Glendale Federal Bank, 81 Cal.App.4th 816, 821 (2000). A deed of trust “entitles the lender to reach some asset of the debtor if the note is not paid.” Alliance Mortgage Co. v. Rothwell, 10 Cal.4th 1226, 1235 (1995).
If a borrower defaults on a loan and the deed of trust contains a power of sale clause, the lender may non-judicially foreclose. See McDonald v. Smoke Creek Live Stock Co., 209 Cal. 231, 236-237, 286 P. 693 (1930). The California Court of Appeal has explained non-judicial foreclosure under the applicable California Civil Code sections:
The comprehensive statutory framework established to govern nonjudicial foreclosure sales is intended to be exhaustive. . . . It includes a myriad of rules relating to notice and right to cure. It would be inconsistent with the comprehensive and exhaustive statutory scheme regulating nonjudicial foreclosures to incorporate another unrelated cure provision into statutory nonjudicial foreclosure proceedings.
Moeller v. Lien, 25 Cal.App.4th 822, 834 (1994); see I.E. Assoc. v. Safeco Title Ins. Co., 39 Cal.3d 281, 285 (1985) (“These provisions cover every aspect of exercise of the power of sale contained in a deed of trust.”).
Under California Civil Code section 2924(a)(1), a “trustee, mortgagee or beneficiary or any of their authorized agents” may conduct the foreclosure process. Under California Civil Code section 2924b(4), a “person authorized to record the notice of default or the notice of sale” includes “an agent for the mortgagee or beneficiary, an agent of the named trustee, any person designated in an executed substitution of trustee, or an agent of that substituted trustee.” “Upon default by the trustor, the beneficiary may declare a default and proceed with a nonjudicial foreclosure sale.” Moeller, 25 Cal.App.4th at 830.
{CRD Note: The validity of the NOD is not discussed, but seems to be assumed to be correct. This issue must be pled properly in the verified complaint.}
“A properly conducted nonjudicial foreclosure sale constitutes a final adjudication of the rights of the borrower and lender.” Moeller, 25 Cal.App.4th at 831. “As a general rule, a trustee’s sale is complete upon acceptance of the final bid.” Nguyen v. Calhoun, 105 Cal.App.4th 428, 440-441 (2003). “If the trustee’s deed recites that all statutory notice requirements and procedures required by law for the conduct of the foreclosure have been satisfied, a rebuttable presumption arises that the sale has been conducted regularly and properly; this presumption is conclusive as to a bona fide purchaser.” Moeller, 25 Cal.App.4th at 831 (citations omitted).
{CRD Note: Rebuttable means it can be attacked as a falsity when you draft your complaint, so add the facts to show why it should be rebutted, i.e., improper credits, errant bookeeping, failure to give proper payment credits, etc.}
“A nonjudicial foreclosure sale is accompanied by a common law presumption that it `was conducted regularly and fairly.’” Melendrez v. D & I Investment, Inc., 127 Cal.App.4th 1238, 1258, (2005). “This presumption may only be rebutted by substantial evidence of prejudicial procedural irregularity.” Melendrez, 127 Cal.App.4th at 1258.
To challenge foreclosure, “it is necessary for the complaint to state a case within the code sections for which reason it is essential to allege the facts affecting the validity and invalidity of the instrument which is attacked.” Kroeker v. Hurlbert, 38 Cal.App.2d 261, 266 (1940). A “trustee or mortgagee may be liable to the trustor or mortgagor for damages sustained where there has been an illegal, fraudulent or wilfully oppressive sale of property under a power of sale contained in a mortgage or deed of trust.” Munger v. Moore, 11 Cal.App.3d 1, 7 (1970).
Here, Plaintiff fails to state facts sufficient to demonstrate a specific statutory irregularity or misconduct in the foreclosure proceedings. She alleges a variety of misdeeds, though her allegations are simply statements without supporting facts. These conclusory allegations are insufficient to overcome the presumption of the validity of the foreclosure sales.
G. Original Note Possession
If a borrower defaults on a loan and the deed of trust contains a power of sale clause, the lender may non-judicially foreclose. See McDonald v. Smoke Creek Live Stock Co., 209 Cal. 231, 236-237, 286 P. 693 (1930). Under the relevant statutory framework, no party needs to physically possess the promissory note. Labes v. Ocwen Loan Servicing, LLC, 2009 WL 3748291, *6 (E.D.Cal. Nov. 5, 2009); Sicairos v. NDEX West, LLC, 2009 WL 385855, *3 (S.D.Cal.2009) (citing Cal. Civ.Code, § 2924(a)(1)). Rather, “[t]he foreclosure process is commenced by the recording of a notice of default and election to sell by the trustee.” Moeller v. Lien, 25 Cal.App.4th 822, 830, 30 Cal.Rptr.2d 777 (1994). An “allegation that the trustee did not have the original note or had not received it is insufficient to render the foreclosure proceeding invalid.” Neal v. Juarez, 2007 WL 2140640, *8 (S.D.Cal.2007).
Therefore, to the extent Plaintiff alleges that Defendants foreclosed on her property without first producing the Promissory Note or Deed of Trust, she cannot state a claim for which relief may be granted.
RECOMMENDATION
Plaintiff has been given an opportunity to amend but has failed to submit a FAC sufficient to cure the deficiencies. The Court therefore recommends that the action be DISMISSED WITHOUT LEAVE TO AMEND.
These findings and recommendations will be submitted to the Honorable Oliver W. Wanger, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within thirty (30) days after being served with these Findings and Recommendations, Plaintiff may file written objections with the Court. The document should be captioned “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections within the specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
IT IS SO ORDERED
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Is there anyone from California that can assist with a loan that is being collected by SPS? They are a nightmare to deal with and are screwing me!!!!
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The case below shows things are changing for the owners. No statutory compliance means no foreclosure allowed in Calif.
READ THIS NEW CASE: http://www.scribd.com/doc/75943496/Bardasian-v-Superior-Court-Santa-Clara-Partner-s-Mortgage-Corp-2011-Cal-App-4th
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I think you are pretty accurate on your description here. I know this at this point:
One of the foreclosures that I worked with is Now on the back side of it and we got a straw buyer to purchase it back for a third of what wad owed against it. We can not get Title Insurance on the property because of what has happened to it in the hands of CarVal. It was taken off shore in three different parts of the world and clear title can no longer be had.
You sure can’t feel sorry for them but there investors should be told what worthless shares they hold.
This property had a Warrentee Deed on it when the guy purchased it 20 years ago.
Ok the trustee or trustor of jpmorgan chase and wellsfargo , didn’t have to ckeck in to the owner well the benifiary of the companies ! Now do the trust has to tell the benifary they are the trust and don’t have to show them what they are trust of , or they don’t have to tell them nothing just one day , pop up at the owner day hey I was ya trustee here u go , u was made benifiary of the company banco santander . ? Is that how it gos ? Or do they have to let u no at least they are your trust ? Because I’m seeing a case of wellsfargo bank na , the owner wasn’t served a copy of nothing he didn’t no nothing in a legal sense . Kind like we a give u the benifiary benfits after we done with it first . Which to me don’t look right . I never saw where a trust never in contact with the owner of a deceased . Would yall say this a bad trust or a good trust deal here . I mean never told them owner nothing , . , etc .
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From Consumer Rights Defenders:
Bankruptcy Judge Favors Homeowner against MERS.
SEE the cite below:
IN RE SCHWARTZIn re: SIMA SCHWARTZ, Chapter 7, Debtor.SIMA SCHWARTZ, Plaintiff, v.HOMEQ SERVICING, AGENT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE and DEUTSCHE BANK NATIONAL COMPANY, AS TRUSTEE, Defendants. Case No. 06-42476-MSH, AdversaryProceeding No. 07-04098.United States Bankruptcy Court, D.Massachusetts, Central Division. August 22, 2011.David G. Baker, Boston, MA, for the plaintiff. Christopher Matheson,RichardC. DemerleandChristopher Decosta, Michienzie&Sawin, LLC,Boston, MA, for both defendants. Gary A. Barnes,Sarah-Nell Walsh, Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., Atlanta,GA, for Defendant Deutsche Bank National TrustCompany, as Trustee. MEMORANDUM OF DECISION AND ORDERMELVIN S. HOFFMAN, Bankruptcy Judge.
After the plaintiff, Sima Schwartz, presented her case in chief during the first day of thetrial in this adversary proceeding, upon oral motion of the defendants, HomEq Servicingand Deutsche Bank National Trust Company, as Trustee, I granted judgment on partial findings in favor of the defendants on all counts of the complaint, pursuant to Fed. R.Civ. P. 52(c), made applicable to this proceeding by Fed. R. Bankr. P. 7052. Ms.Schwartz then moved for a new trial as a result of which judgment was vacated on count I of the complaint only.Schwartz v. HomEq Servicing (In re Schwartz),2011 WL1331963 (Bankr. D. Mass. Apr. 7, 2011). In count I, Ms. Schwartz alleges that the May24, 2006 foreclosure sale of her home by Deutsche was invalid because Deutsche didnot own the mortgage on the property at the relevant time.1I reopened the trial so that the defendants could present their case with respect to that count, which they did onJune 1, 2011. Based on the evidence and legal submissions presented by the parties,my findings of fact, conclusions of law and order are set forth below.JurisdictionandStanding Core jurisdiction over this case is conferred upon the bankruptcy court by 28 U.S.C. §157(b)(2)(G) and (O).See Atighi v. DLJMortg. Capital, Inc. (In re Atighi),2011 WL3303454, at *3 (B.A.P. 9th Cir. Jan. 28, 2011). Ms. Schwartz’s standing to seek relief isbased on her property interest in light of the alleged wrongful foreclosure.Brae Asset Fund, L.P. v. Kelly, 223 B.R. 50, 56 (D. Mass. 1998).Legal Fr amework Mass. Gen. Laws ch. 244, § 14 establishes the procedure for a mortgagee to foreclosea mortgage by exercise of the statutory power of sale. The statute provides that prior toa foreclosure sale a notice of the sale must appear weekly for three consecutive weeksin a newspaper either published in or generally circulated in the city or town where theproperty is located. The Massachusetts Supreme Judicial Court has recently clarifiedthat a foreclosing mortgagee must hold the mortgage as of the date that the first noticeof sale is published.U .S. Bank Nat. Ass’n v. Ibanez, 458 Mass. 637, 941 N.E.2d 40(2011). If the party intending to foreclose the mortgage is not the original mortgagee, a typical state of affairs when a mortgage loan is owned by the trustee of a securitizedpool of mortgage loans, then the foreclosing mortgagee must hold a valid assignment of the mortgage prior to publishing the first sale notice.The Defendants’Case It is undisputed that Deutsche was not the original mortgagee of the mortgage on Ms.Schwartz’s home, so it must prove that the mortgage was assigned to it prior to the datewhen the first foreclosure notice was published. As discussed in the memorandum andorder on the plaintiff’s motion for a new trial, while the evidence established that anassignment of the mortgage from Mortgage Electronic Registration Systems, Inc.(“MERS”) to Deutsche was executed on May 23, 2006, the day before the foreclosuresale, this assignment, being well after the notice of foreclosure sale was first published,did not confer on Deutsche the power to foreclose on May 24. The Supreme Judicial Court in Ibanez,however, offered an alternative method for a party to acquire sufficientrights in a mortgage to qualify to foreclose:Where a pool of mortgages is assigned to a securitized trust, the executed agreement that assigns the pool of mortgages, with a schedule of the pooled mortgage loans that clearly and specifically identifies the mortgage at issue as among those assigned, may suffice to establish the trustee as the mortgage holder. Ibanez,458 Mass. at 651.With this in mind, the defendants introduced into evidence at trial all of the agreements tracking the transfer of Ms. Schwartz’s mortgage loan from its originator, First NLCFinancial Services, LLC (“First NLC”), to Deutsche, complete with the necessary schedules of the pooled mortgage loans specifically identifying her mortgage as being among those transferred. The defendants argue that these agreements, together withother evidence introduced by them, establish that Deutsche was the holder of the mortgage well in advance of the first publication of the notice of sale. At trial, Ronaldo Reyes, a Deutsche vice president, testified that he had managementresponsibility over the administration of the Morgan Stanley Home Equity Loan Trust2005-4 (the “Trust”) and that Deutsche had always been the trustee of the Trust. Hetestified that in his capacity as vice president he had access to the books and records of the Trust and was qualified to authenticate and testify about the documents admitted into evidence by the defendants. During the course of his testimony, Mr. Reyes authenticated executed copies of each of the agreements discussed below, and demonstrated that Ms. Schwartz’s mortgage loan was included on the mortgage loan schedules attached as exhibits to several of the agreements. Mr. Reyes testified that each was used in the ordinary course of Deutsche’s business as trustee of the Trust. The following documents were admitted into evidence: (i) the mortgage on Ms.Schwartz’s home; (ii) the original promissory note executed by Ms. Schwartz, which Mr.Reyes noted was endorsed in blank by First NLC; (iii) the Amended and RestatedMortgage Loan Purchase Agreement (the “Loan Purchase Agreement”) dated as of September 1, 2005 by and between Morgan Stanley Mortgage Capital, Inc. (“MSMortgage Capital”) and First NLC; (iv) the Assignment and Conveyance Agreementdated September 29, 2005, by and between First NLC and MS Mortgage Capital; (v) theBill of Sale dated November 29, 2005 by and between MS Mortgage Capital andMorgan Stanley ABS Capital I Inc. (“MS ABS Capital”); and (vi) the Pooling andServicing Agreement (the “PSA”) dated as of November 1, 2005 by and among MS ABS Capital, HomEq Servicing Corporation, JPMorgan Chase Bank, National Association, First NLC, LaSalle Bank National Association and Deutsche. Mr. Reyesalso testified regarding a custodial log that was admitted into evidence for the purposeof proving that Ms. Schwartz’s loan documents were in Deutsche’s custody prior to thedate when the first notice of foreclosure sale was published.Findings of Fact2 1. On July 22, 2005, Ms. Schwartz refinanced the mortgage loan on her property at 23Sigel Street, Worcester, Massachusetts, executing a promissory note in the amount of $272,000 payable to First NLC and a mortgage securing her obligation under the notenaming MERS, solely as nominee for First NLC, its successors and assigns, asmortgagee. 2. The mortgage, which was duly recorded at the Worcester District Registry of Deeds,includes the statutory power of sale under Mass. Gen. Laws. ch 183, § 21 which isinvoked by reference to the statute and which permits a mortgagee to foreclose amortgage by public auction sale of the property upon the mortgagor’s default inperformance or breach of any conditions thereof.
3. On May 3, May 10 and May 17, 2006, a notice of foreclosure sale was published inthe Worcester Telegram and Gazette stating that “Deutsche Bank National Trust Company, as Trustee,” the “present holder” of the mortgage, intended to foreclose the mortgage by public sale of Ms. Schwartz’s property on May 24, 2006.
4. On May 23, 2006, LiquendaAllotey, described as a vice president of MERS, executedan Assignment of Mortgage for the purpose of assigning the mortgage from MERS to”Deutsche Bank National Trust Company, as Trustee.” 5. Deutsche, in its capacity as trustee of the Trust, 3conducted the foreclosure sale as scheduled on May 24, 2006, bid in its mortgage debt and purchased the property. 6. In its answer, Deutsche admitted that a foreclosure deed conveying the property toitself was recorded on October 13, 2006. There has been no evidence presented of anysubsequent conveyance of the property and hence I find that Deutsche remains the record owner of the Sigel Street property. 7. As she testified on the first day of trial, Ms. Schwartz continues to reside in the SigelStreet Property. 8. The original promissory note executed by Ms. Schwartz was endorsed in blank by an officer of First NLC. 9. The original mortgagee as identified in the mortgage on Ms. Schwartz’s home wasMERS, as nominee for First NLC, its successors and assigns. 10. In accordance with Section 2 of the Loan Purchase Agreement, First NLC agreed to sell “Mortgage Loans” to MS Mortgage Capital. 11. The Loan Purchase Agreement defines a “Mortgage Loan” as An individual Mortgage Loan which is the subject of this Agreement, each MortgageLoan originally sold and subject to this Agreement being identified on the applicable Mortgage Loan Schedule, which Mortgage Loan includes without limitation theMortgage File, the Monthly Payments, Principal Prepayments, Liquidation Proceeds,Condemnation Proceeds, Insurance Proceeds, Servicing Rights and all other rights,benefits, proceeds and obligations arising from or in connection with such Mortgage Loan, excluding replaced or repurchased mortgage loans. 12. On September 29, 2005, by way of the Assignment and Conveyance Agreement,First NLC sold, transferred, assigned, set over and conveyed to MS Mortgage Capital”all right, title and interest of, in and to the Mortgage Loans listed on the Mortgage LoanSchedule attached hereto as Exhibit A.” 13. Ms. Schwartz’s mortgage loan was listed on the exhibit attached to the Assignmentand Conveyance Agreement. 14. First NLC, therefore, transferred all of its right, title and interest in Ms. Schwartz’smortgage loan to MS Mortgage Capital on November 29, 2005. 15. By the Bill of Sale dated November 29, 2005, MS Mortgage Capital, as the “Seller,”transferred to MS ABS Capital “all the Seller’s right, title and interest in and to theMortgage Loans described on Exhibit A attached hereto.” 16. Ms. Schwartz’s mortgage loan was listed on Exhibit A to the Bill of Sale. 17. MS Mortgage Capital, therefore, transferred its entire interest in Ms. Schwartz’s mortgage loan to MS ABS Capital on November 29, 2005. 18. Section 2.01 of the PSA, which was dated November 1, 2005, provides that the MS ABS Capital, as “Depositor,” concurrently with the execution and delivery hereof, hereby sells, transfers, assigns,sets over and otherwise conveys to [Deutsche] for the benefit of the Certificateholders,without recourse, all the right, title and interest of the Depositor in and to the Trust Fund,and the Trustee, on behalf of the Trust, hereby accepts the Trust Fund.
19. The “Trust Fund” includes all of the mortgage loans listed on an attached mortgage loan schedule. 20. Ms. Schwartz’s mortgage loan was listed on the mortgage loan schedule attached to the PSA. 21. While the PSA provides that the mortgage loans were transferred from MS ABS Capital to Deutsche, “concurrently with the execution and delivery hereof” on November 1, 2005, the Bill of Sale provides that MS ABS Capital did not acquire the mortgage loans until November 29, 2005. The November 2009 PSA indicates, however, that the transaction in which MS ABS Capital would transfer the loans to Deutsch, as trustee of the Trust, would not be consummated until November 29, 2005, which is defined as the”Closing Date.” Therefore, MS ABS Capital transferred Ms. Schwartz’s mortgage loan to Deutsche, as trustee of the Trust, on the Closing Date of November 29, 2005, which is the same date as the Bill of Sale by which MS ABS Capital acquired the loan from MSMortgage Capital. 22. Section 2.01(b) of the PSA provides that if any Mortgage has been recorded in the name of Mortgage Electronic RegistrationSystem, Inc. (“MERS”) or its designee, no Assignment of Mortgage in favor of theTrustee will be required to be prepared or delivered and instead, the applicable Servicer shall take all reasonable actions as are necessary at the expense of the applicable Originator to the extent permitted under the related Purchase Agreement and otherwise at the expense of the Depositor to cause the Trust to be shown as the owner of therelated Mortgage Loan on the records of MERS for the purpose of the system of recording transfers of beneficial ownership of mortgages maintained by MERS. 23. Thus MS ABS Capital did not assign to Deutsche the mortgage on Ms. Schwartz’s home in connection with the transaction through which it transferred Ms. Schwartz’smortgage loan pursuant to the PSA. 24. In the chain of transactions by which Ms. Schwartz’s mortgage loan was sold,initially by First NLC to MS Mortgage Capital, next by MS Mortgage Capital to MS ABSCapital and finally by MS ABS Capital to Deutsche, the seller sold all of its right, title and interest in the mortgage loans being transferred. However, as the mortgage itself was originally in the name of MERS as mortgagee, and not First NLC, First NLC never held legal title to the mortgage and could not have transferred such title to MS MortgageCapital. Consequently, neither MS ABS Capital nor Deutsche, as successors to FirstNLC and MS Mortgage Capital, obtained legal title to the mortgage. This is consistentwith § 2.01 of the PSA quoted above. 25. As of November 29, 2005, the Closing Date defined in the PSA, MERS continued to hold legal title to the mortgage on Ms. Schwartz’s home as nominee for First NLC, itssuccessors and assigns. 26. MERS continued to hold legal tile to the mortgage until May 23, 2006, when it assigned the mortgage to Deutsche. 27. The custodial log establishes that Deutsche received Ms. Schwartz’s mortgage loan documents, including the promissory note and mortgage instrument, on September 15,2005 (presumably in anticipation of the November loan sale), and retained custody of these documents until March 27, 2006, when they were sent to HomEq. The custodiallog indicates that the documents were sent to HomEq for servicing and lists the reason
for the transfer as “foreclosure.” According to the custodial log, the loan documentswere returned to Deutsche on May 24, 2006, the day of the foreclosure sale.
Conclusions of Law In re Marron,2011 WL 2600543, at *5 (Bankr. D. Mass. June 29, 2011), I held that where a loan was secured by a mortgage in the name of MERS, even when the loan itself changed hands several times, MERS remained the mortgagee in its capacity as nominee for the original lender, its successors and assigns.4 As MERS was the mortgagee, it had the authority to assign the mortgage to the foreclosing entity. In this case too, while Ms. Schwartz’s loan passed from hand to hand, MERS remained the mortgagee throughout. While MERS held only bare legal title to the mortgage on behalf of Deutsche, the successor to First NLC, until it assigned the mortgage to Deutsche onMay 23, 2006, only MERS had the authority to foreclose.Having determined that MERS, and not Deutsche, held legal title to the mortgage on Ms. Schwartz’s home mortgage as of May 3, 2006, when the notice of the foreclosure sale of her home was first published, it follows that Deutsche did not have the right to exercise the statutory power of sale and to foreclose the mortgage.See, e.g., Novastar Mortgage, Inc. v. Safran,79 Mass.App.Ct. 1124, 948 N.E.2d 917 (2011) (finding, in apost-foreclosure eviction proceeding, that the foreclosing entity had the burden to proveits title to the property by establishing that the mortgage had been assigned to it byMERS “at the critical stages of the foreclosure process.”). By publishing notice of theforeclosure sale when it was not the mortgagee, Deutsche failed to comply with Mass.Gen. Laws ch. 244, § 14, and thus its foreclosure sale is void.Ibanez,438 Mass. at646-47.5A declaratory judgment to that effect shall enter on count I of the complaint. SO ORDERED.
Footnotes 1. The complaint is unclear as to the relief Ms. Schwartz seeks as a result of theallegedly invalid foreclosure. In addition to the allegation that the defendants did not own the mortgage, Ms. Schwartz alleges that she was damaged by the foreclosure sale,which “was conducted fraudulently, in bad faith” and to her detriment. I previously found that Ms. Schwartz failed to produce any evidence of the defendants’ intent to defraud her. In addition, Ms. Schwartz failed to establish the extent of her damages or that theforeclosure sale was conducted in bad faith. Though Ms. Schwartz does not expressly request a declaratory judgment as to the validity of the foreclosure, based on theallegation of invalidity in the complaint, and the parties’ arguments in the course of trial, I will consider count I of the complaint to be a request for a declaratory judgment that theforeclosure sale was invalid. Back to Reference 2. Any finding of fact which should more properly be considered a conclusion of law,and vice versa, shall be deemed as such.Back toReference
3. The documents pertaining to the foreclosure sale identify Deutsche as “DeutscheBank National Trust Company, as Trustee” without identifying the trust.Back toRefer ence 4. The sophisticated financial minds who wrought the MERS regime sought to simplify the process of repeatedly transferring mortgage loans by obviating the need and expense of recording mortgage assignments with each transfer. No doubt they failed toconsider the possibility of a collapse of the residential real estate market, the ensuingflood of foreclosures and the intervention of state and federal courts. Professor AlexTabarrok of George Mason University has observed “[t]he law of unintended consequences is when a simple system tries to regulate a complex system.” AlexTabarrok,T he Law of Unintended Consequences, Marginal Revolution (Jan. 24, 2008,7:47 am), http://marginalrevolution.com/marginalrevolution/2008/01/the-law-of-unin.html.Back toReference 5. Deutsche presented sufficient evidence to prove that either it or HomEq, its agent,had possessionof both the Schwartz mortgage and promissory note as of May 3, 2011.The note was endorsed in blank, which gave Deutsche the right to enforce the note.The fact that Deutsche had possession of the mortgage, however, is irrelevant to itsstatus as mortgagee. While a promissory note endorsed in blank may be enforced bythe party in possession of the note, this is not the case with a mortgage. “Like a sale of land itself, the assignment of a mortgage is a conveyance of an interest in land thatrequires a writing signed by the grantor.”Ibanez,458 Mass at 649. Deutsche had not received a written assignment of the mortgage from MERS prior to May 3, 2011. Thefact that it had possession of the mortgage instrument did not render Deutsche themortgagee and thus it lacked the power to sell the property.
____________________________________
Should you intend to file an Adversary complaint or state action, we can assist. 818.453.3585 M-F 10 to 4 PM PDT. Leave message for Steve or Sara.
We have added more causes of action to our lawsuits including “robosigner” fraud [the loan was not in default], fraud in the formation of the promissory note, notary fraud, lack of proof of standing [the securitization is hopelessly unclear]. We help the homeowner and if they already have an attorney, we can assist their counsel to file the best possible complaints and TRO applications. That is all we do. We have a variety of solutions including in pro se assistance in state and BK courts, including adversary complaints. We have paralegals and available attorney’s to help with your foreclosure problem. Atty’s are retained separately. Call 9 – 4 PM PDT and ask for Sara or Steve at 818.453.3585. Leave message with number for call back if our staff is out.
Consumer Rights Defenders, serving the homeowner since 2006.
i have read several references on yahoo and also suffered the internet
for loans and have come to realize that it all accumulated to nothing
as i was been scammed or been turned down, but after all that i went
through i tried one more reference on yahoo by Mr Thomasson levers
about ENGLISH WORLD LOANS and they turned out to give me the loan i
had wanted all along. The moral of my reference here is not only for
you to contact them, but to also know that there is a God up in heaven
that atches us even in the deepest of our problems, so the bottom line
is contact the above named company and your story will turn too.
the email is Englishworld931@hotmail.co.uk
Still no help in North Carolina, home of the banksters.
Rosalyn
can you provide your email address so I can have an attorney in NJ contact you. I know of one as the attorney is a friend of mine and has worked with others.
I am ready to sit down with a competent Attorney that is fully aware and familiar with fighting the banks sucessfully and one that can ensure that the bank is not using fraudulent documents to foreclose on my home. I am not in foreclosure yet, but I am under water, I have had in the last 6 years 2 mod’s. I see myself slipping into foreclosure sooner or later. I temporarily received the HAMP then was told that I was denied due to having a securitized loan. I never knew that my loan was securitized, before trying to get mod. I was told that my Investors did not allow me to qaulify for the HAMP. So my mortgage payment almost doubled. I am would like to strategize with an Attorney in NJ that is really sharp and a force to be reckoned with. Please any good suggestions are welcome!
I am in desperate need of help in the Charlotte, NC area for one wrongful foreclosure already taken place, and a second I am fighting. It seems to be an unwritten nc bar association rule for attorney’s to stay away from foreclosure defense; especially when Bank of America is involved.
A mass joinder would be perfect for me, I think… however, none of those appear legitimate; or for people of certain states only.
Any suggestions?
Need help! We live in San Jose, CA. Today we got a notice of eviction must leave by July 5th.
We lost our house while in the process of loan modification, Bank of America & Deutche Bank sold our house on Trustees Sale. Nobody bought it at the sale so Deutche Bank owned it currently.
They filed for Unlawful detainer & we got judgment against us on April 1st. The Court made an error because we filed to reschedule April 1st hearing and they approved & amended the request for hearing on April 6th but when we went to the hearing on April 6th we found out that they made they proceed with the hearing on April 1st without us & they made the UD judgment against us.
We filed for Bankruptcy Chapter 7 on April 5th and we also filed for automatic stay but the Bankruptcy Court ruled against us and granted Duetche Bank Relief of Stay.
We believed that we got screwed by the Lender. We are trying to fight them because it was unfair for them to proceed with the hearing wherein the Court amended to reschedule us on April 6th…but they went ahead & proceeded on April 1st.
Today, just this morning, we got a notice to vacate by July 5th… we have no place to go.
Question: If we file to vacate judgment for the Unlawful detainer because of the error they made, can we still stay in our house for a couple of months until we find a place to go?
Can somebody please help us…. we don’t know what to do…..
Our contact information – Marvin(408) 821-5155
e-mail is charismaoffice@yahoo.com
or merricute@yahoo.com
Please help us….
Thank you & God bless.
Thank you for shared information
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I am looking for a competent atty in Indiana that understands how to use my securitization audit. I am also looking for attys for all 50 states that are able to use the audits to help defend my clients homes. I appreciate your help! Great jon Neil!
Would like more info on “real party interest” and “standing”
For Ann from another Ann.
Check out these websites for info about non-judicial foreclosure help:
http://gingolaw.com/costs.aspx
http://www.foreclosuredefensenationwide.com
http://www.foreclosureprose.com
There are samples of Motion to Cancel the Sale at http://www.foclosuredefensenationwide.com
Best wishes
How to become a lawyer
I am looking to speak with an attorney in New York State. Preferrably on Long Island.
RHODE ISLAND ATTORNEY’S GEORGE BABCOCK & COREY ALLARD COME OUT SWINGING IN ROUND 2 OF FIGHT CLUB.Posted by kim thomas on March 18, 2011 at 8:51pm
View My Blog
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Before you allow your lender to foreclose on your home, you should know what they can and can not do with your home. You must Challenge Your Lender in order to verify what they can do. More than likely, your lender or bank caused an illegal assignment on your mortgage note from the inception of the loan. All you have to do is see what is recorded on your property at the County Recorder’s Office to see what they did with your loan. If nothing is recorded showing a transfer of your note from the original lender, to who has it now, then there is probably problems with your Title. If they caused a Defect in Title, they have no right to your note, or your home at all. You have to Challenge them for anything to happen. If you don’t take action on what is rightfully yours, no one will do it for you. Go to http://www.ChallengeYourLender.com to see what you can do.
Gary
Actually we had a conference call with the Judge yesterday – they want to dismiss and refile for Judicial Foreclosure in State Court (since we are a non-judicial state)
The Judge previously requested them to provide an answer to submit the Certified question to Supreme court by Friday last week- and this is what they came back with yesterday during the Federal Conf. Call.
they will submit their paperwork by Tuesday next week.
In all honesty – I don’t think the attorney told their client (One West, Deutsche) that this was going to go to Supreme Court regardless of their objections like the Judge made known.
This is why I think they are not offering a settlement and trying save the Partnership from going to Supreme Court and if they lose they lose their Big Bank Business. This has been a Cash Cow for this Firm and the Sr. Partner got himself stuck in Federal court and looking now for a way to weasel out of Fed Court.
If I were the Federal Judge – I would be upset that they have wasted the courts time. However the Judge has been very verbal that he didn’t want this case to go to trial and he’s a retiring Judge that I believe just wants this off his plate – so that is why I believe the Judge’s position is to send the MERS certified Question to the Supreme Court.
Defendants are One West/Deutsche/MERS
I can’t believe the greed. All the attorney had to do was go the bank and make a settlement and try to get rid of me. Give me the house – clear title and they wouldn’t have to worry me anymore.
Marie,
“…..So now after 6 mo in Federal Court – the Defendants have decided they want me and my attorney to dismiss and go BACK TO STATE COURT!”
1. On what grounds do they want to dismiss? (I would bet the court would refuse any dismissal attempt presented on their account before the court, this is why they coming to you.)
2. You have a foothold…..don”t Dismiss. Let them present an arguement for dismissal to the court.
Judge -
I don’t think that they can Compel me back to State Court – since they removed from State to Federal.
They should not be allowed to have it both ways if it doesn’t go in their favor.
Suprising that they don’t want to settle – but yet fear Supreme Court.
I refused to allow it to go back to State.
just curious if anyone has had this happened before.
Marie, on February 28, 2011 at 4:02 pm said:
Hey Marie!
Good work! I would go to Supreme court, I bet they send it back to state court but you never know, you might get lucky! Good Luck!
I have been fighting foreclosure with OneWest and Deutsche Bank. My attorney originally filed the case in state court. The Defendants – One West removed the case to Federal Court – citing Diversity Jurisdiction. This was done in July of 2010.
So we go through discovery and all these Summary Judgements, Response of Summary Judgement and so on an so forth.
The Judge finally stated that he wanted the a Certified Question on MERS to go to the Supreme Court just last week. The Judge also told the defendants – One West – that if they objected – he would over rule and still push this to Supreme Court.
So now after 6 mo in Federal Court – the Defendants have decided they want me and my attorney to dismiss and go BACK TO STATE COURT!
Is this even allowed? Also I will not allow a dismissal since the Judge already ruled NO BOND, NO PAYMENTS during the on going Federal Case. . The defendants want to go back to State Court for Judicial Foreclosure (since we are a Non Judicial State.
I think the Judge would possibly object – since they removed this to Federal Court in the first place and stated their claims for Diversity Jursidiction. But perhaps the Judge might Remand this back to State. But why when the Defendants thought they would get a favorable decision in Federal Court. They can’t have it both ways!
Just curious if this has happened to anyone else and what was the outcome.
I know they are afraid that if this gets ruled in Supreme Court that MERS has no standing – the Attorneys for the Banks are screwed since they will lose business from the Banks at that law firm. Plus MERS is so unsettled and this law firm doesn’t want to be the guinea pig and trying to save their butts.
Any response from anyone?
Neil,
Not much is available about HFC trusts. I think my loan is in an HFC trust. But on the SEC.gov website (www.sec.gov/Archives/edgar/data/1173900/000104746904027201/a2142415z424b5.htm) the HFC “Sale & Servicing Agreement” says they’re NOT doing true sales or putting loans and mortgages in the trust. So, how do we fight them now??
Thanks…
There is a new blog in Washington State that provides information and links to services for distressed homeowners. http://stopforeclosurefraudwastate.blogspot.com/
Attorneys or individuals who have information that they would like to share with other Washingtonians can email Lisa at: stopforeclosurefraudwa(at) gmail.com
Thanks for hosting this page. It is is a wonderful resource for people across the nation.
Washington State residents can find links and other information about foreclosure at
http://stopforeclosurefraudwastate.blogspot.com/
The administrator is routinely looking for news updates, names of attorneys and copies of Washington State cases.
If you have information to share with other Washingtonians, please send it to this email address. stopforeclosurefraudwa(at) gmail.com
URGENT!!!!
URGENT!!!!
WE NEED SOMEBODY WHO CAN & WILL HELP US. OR ELSE MY FAMILY WILL BE HOMELESS NEXT WEEK..
Last Tues (11-30) a judge granted US BANK NA AS TRUSTEE FOR CHEVY CHASE AS TRUSTEE FOR SERIES 2005-1. a WRIT for Unlawful Detainer (w/ a 14 day stay) The Judge didn’t even care that the bank’s attorney had the wrong Trustee’s Deed.
SOMEBODY PLEASE HELP US OR OUR KIDS WILL WATCH AS THEIR CHRISTMAS TREE AND THEIR GIFTS END UP IN THE GUTTER.
I’m really afraid we’ll be home-less for Christmas.
(And I don’t even know the exact day and time they’ll throw us out)
Can anything be done to help people in Nevada.
For over 1 1/2 years, I’ve been trying to find an attorney “THAT GETS IT” in Nevada, and I still can’t find a single attorney who will help us.
Northern California_San Francisco Bay Area
Chris Gardas
Attorney At Law
530 43rd Street
Richmond, CA 94805
Phone: (415) 407-4918 fax: (510) 778-1273
chrisgardas@comcast.net
Blogsite: http://stopthecorruptionnow.blogspot.com
email: papertrail253@live.com
I am starting a blogsite. Let’s take the power back.
I am sick of all of this fatcats & we need to take a stand!!!
I think I may have found an attorney or two here in Washington State. Email me for details.
papertrail253@live.com
tp://www.kdvr.com/videobeta/e5f2a3c3-b77d-4909-8fb0-17a7fc6ce3a5/News/Man-facing-foreclosure-barricades-self-in-home
This is one of the foreclosures I have been helping with. Few lawyers in Colorado interested in taking these cases on. Those that are are to busy to handle one more. This Man and his parents sent letters to their lenders, a qualified writen request and received no answers, so they purchased a not so good lawsuit and filed it in federal court and stopped making their payments. The banks barely make it 40 days from the first nonpayment before they filed for foreclosure. Both foreclosures were so retalitory that they did not bother to have much in the way of paper work in one and the other never had its Rule 120f hearing but they are being asked to pay for to. The trustee in one refuses to release paperwork for the foreclosure and the other takes orders from the attorney for the bank and no one else. Law enforement have spent weeks tormenting the man evicted in this news clip. They held him hostage in his own home for 9 hours about ten days before this and when I notified the media and the officers new they were coming they could not get out of there fast enough.
I believe that what we have in Colorado is a much bigger problem then just liars loans and Wall Street, it is coming down now that law enforcement works for the banks. I have run into this before with another bank here in Colorado where the people that worked for and with the bank owner could do no wrong. No matter how many times I attempted to stop attorney’s and realestate people on regulation departments this bank owner would go in and stop it. I assum that means paying someone off but I can’t be sure. Out and out criminal activity is what those people came up against and nothing to stop it could be done.
Reply
– Hello all. Found this site and have been getting up-to-speed the last few days on mortgage issues since mine started imploding…Have Neil’s list of lawyers who “Get It”, and will call Houston, Tx area ones today…Does anyone have a referral for an attorney in Houston, or even anywhere in Texas, that has had success with litigating/consulting escrow/mortgage fraud?
Thanks for all of the info from everyone who has posted!
I want to help homeowners in Kansas with foreclosure defense. Please send an email to:
lcarson@ksadvocates.com
Hi,
I’m looking for an experienced foreclosure attorney in the state of Washington that handles wrongful foreclosures.
If anyone has a name of an attorney, please forward it to me. The state of Washington is in a vacuum. (Non-judicial state).
Thank you!
Elisabeth
[...] Attorneys’ Network [...]
Does anyone know an attorney in South Dakota that is up to speed on this fraud that the entire system has created? Long story short, we were doing extremely well, then my husband got laid off, found a job making much less than he was, no overtime pay but working many more hours just to make ends meet, and within less than 2 weeks, my health deteriorated so I was forced to take medical leave, and when ready to go back to work, was notified I had been terminated. I filed for unemployment, but that ended. Husband is the only one working now, we are behind on mortgage, had to give up paying on credit cards, credit score went down the pipe, and although we haven’t received a letter with notice of intent to foreclose in quite awhile, since we try to make payments as we can, skimping on food and such, I’ve found out our mortgage is a MERS one. We are heavily invested in our home, with a very modest mortgage, but with my health, no insurance, husband only working (for a farmer, and this year really was bad), we fear we might go into foreclosure. I’m really nervous.
We Get It in California. Call Consumer Rights Defenders for Foreclosure defense. Dozens of TROs obtained in State courts.
818.453.3585…ask for Steve.
Free consultation
Fool me once……
Can the Banks really withdraw a fraudulent affidavit without repercussions?
Case law suggests that dismissal is an available remedy for those perpertrating fraud on the court. But what about simply withdrawing a fraudulent affidavit and replacing it with a new one with an apology? Not so fast if your turn to a 2005 ruling from the 5th District Court of Appeals. (Andrews v Palmas 5th DCA March 2005). In this case falsified evidence was used in an attempt to vacate a judgment. Just prior to hearing (Andrews) no longer felt that the evidence presented to him was credible enough to ethically presented to the court. (i.e. his fraud was to be uncovered). Consequently, he sought to withdraw his motion and apologized to the court.
Was that sufficient? On the contrary. Here’s the Courts ruling:
“The sanction of dismissal with prejudice due to fraud upon the court has long been an available remedy for a party’s misconduct in the litigation process. It has been`held that “a party who has been guilty of fraud or misconduct in the prosecution or defense of a civil proceeding should not be permitted to continue to employ the very institution it has subverted to achieve her ends.” See Metro. Dade County v. Martinsen,
736 So. 2d 794, 795 (Fla. 3d DCA 1999).
Dismissal is an available remedy for knowingly submitting forged or altered documents with the intent to deceive the court. Bob Montgomery Real Estate v. Djokic, 858 So. 2d 371, 372 (Fla. 4th DCA 2003). The Court further stated, “When their scheme was discovered minutes before the hearing on their motion for relief from judgment was to be heard,their response was simply to withdraw the motion and say “never mind,” hoping the problem would just go away. It has not.”
http://www.5dca.org/Opinions/Opin2005/031405/5D03-3953.op.pdf
sean patrick
If you are in Orange County email me.
Forensic Mortgage Audits and Foreclosure Defense
Quiet Title
oliver@ipa.net
john
A BUDGET PLANS FOR EVERY FAMILY.WE CAN HELP YOU STAY IN YOUR HOME. THE BANKS MADE A LOT OF MISTAKES IN THE PAPERWORK AND WE OFFER TO FIND THEM.FREE CONSULTATION ON ANY LEGAL MATTER.CALL KIM THOMAS 401-352-5609 or 401-274-1905. WE CAN HELP THE LAW OFFICES OF GEORGE E.BABCOCK …………………………………………………………………………………ESQUIRE. CHECK OUT OUR WEBSITE: http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.babcocklawoffices.com%2F&h=911e4
IF YOU HAVE A MERS WHICH STANDS FOR MORTGAGE ELECTRONIC REGISTRATION SERVICES WHICH WOULD BE IN MOST CASES ON THE 1ST PAGE OF YOUR MORTGAGE PARAGRAPH C. CALL KIM THOMAS OR GEORGE 401-274-1905.
10-37438-13l-e
Cal BK CASE help
BREAKING NEWS: JP MORGAN CHASE SUSPENDS FORECLOSURES
J.P. Morgan Chase & Co., acknowledging that there could be irregularities in documents it filed related to foreclosures, said it is halting foreclosures until a review of its document-filing process is completed.
The company said the move affects 56,000 home loans that are currently in some stage of the foreclosure process
Just Crossing Bloomberg Wire……….
JP Morgan Chase Foreclosures Based on Faulty
Court Documents
http://www.bloomberg.com/news/2010-09-27/jpmorgan-based-home-foreclosures-on-faulty-court-documents-lawyers-claim.html
(Ice Legal will have motion for sanctions heard next month)
I need a Colorado attorney for three maybe for cases already filed in Colorado pro se. 3 of the for have lost their homes already and are fighting to get them back. One is still in home.
Kaufman Englett & Lynd files Motion to Halt Foreclosures
Friday, September 24, 2010
Tampa Bay Business Journal
Florida’s foreclosure crisis may land at the state Supreme Court as part of a two-pronged effort by both a legislator and a law firm to clean up problems slowing foreclosure cases.
At issue in much of the litigation is exactly who owns the notes lenders are foreclosing, which has led to rebukes by judges and an extensive investigation by the state attorney general involving law firms from around the state, including Shapiro & Fishman as well as Florida Default Law Group.
If a motion by the law firm Kaufman Englett & Lynd is successful, the Supreme Court could halt thousands of foreclosure cases that involved law firms under investigation by the state and force even more to re-evaluate how they file foreclosure cases.
Holes in the process
Lenders are taking heat over foreclosure cases with missing or inaccurate documentation. Companies such as Ally Financial Inc.’s (NYSE: GJM) GMAC mortgage unit are delaying some cases that it believes are victims of what it calls internal procedure errors by banks.
need to know who I can legitimately go to for help to stop foreclosure. I havenot received foreclosure notice yet but have received a letter from AHMSI’s attorney, Moss, Codillis, or something. They say I owe around 4,000 in back house payments and I show i have paid them all except am only 1 1/2 mos. behind. They are posting my payments to a miscellaneous and suspense account. below are more details of my story. I need assistance immediately and do not know who to trust. Can anyone help me out? I am desperate.
Reno, I heard that you may be able to help me with my loan number of 4001494642 with american home mortgage servicing, inc.
My husband and I, about a year ago got 3 or 4 mos. behind on our mortage with American home mortage servicing, inc. We had to pay around 2500 dollars which we did not have and had to borrow from a friend who we still owe to keep from losing our home. In addition, we got put on a repayment plan that brought our note from 847 up to 1303.98 per month for the next 12 months. We have been struggling to pay it but have. In August of this year, however, I only paid around 500 to 700 dollars on my august payment. I set up a plan on our budget to pay by the end of october, the rest of august’s note, septembers and octobers note.
I called to let them know and they said i have not paid since june 2010 and that is not true. I went through all my records that I can find and did indeed find my money orders receipt showing i paid july’s note and they (ahmsi) does show i paid on augusts note. Because I pay in pieces of the 1303.98, they put the money in a miscellaneous account. I think all my money is sitting there but everytime i call it is difficult because the peop.le answering the phone are from india and there is communication issues. They are sending me as of last Friday a print out in the mail of everything i paid for the last year. I cannot wait to see this. I hope it shows where they have been posting my payments because I dont think they post them right. When i kept questioning where they put my payments they kept going back to a year ago when we were behing and they act like that is the reason i am behind now. But the repayment plan we are on and the 2500 or so we paid should have fixed all the late stuff from a year ago. I don’t get it.
The website of ahmsi shows we did make the june and july’s payment and shows about half of augusts payment which is correct and june and july were sent in their entirety, not partial payments like i usually do sometimes. and they still posted them to miscellaneous and/or suspense accounts. Why did this happen adn how can i get it posted correctly. I am desperate here and can barely make the payment as it is. We are struggling so very bad and now my payments are not even being posted correctly. Trying to take care of this is stressful, taking time away from my new job which i must have to make these payments. They dont understand and i dont understand them. I need someone who is fluent in english as their native language to assist me.
I have crohn\’s disease among other illnesses (mental and physical) and it is extremely difficult to work. I did not get approved by disability on my 3rd try so working is very difficult; i have a lot of pain and fatigue. I can barely make the house note as it is. I dont need them to mess with me and not post the payments correctly. My life is HARD ENOUGH as it is.
need CA attorney for case
I am fighting alone in adv complaint and BK
filed last year fed court and dismissed because I could not go on at that time
Now I filed adv complaint and bk
818 205 5751
P.S. on the rules question. I have read the rule so many times, by eyes are beginning to cross, and I am more confused than when I started.
Thanks!
Anyone that can clarify AR Rules of Civ Pro regarding response times on pleadings? I know it’s 20 days, but does that INclude or EXclude holidays? Also, if my understanding is correct in reading the rule, there is no time added for service by mail. Can someone please confirm?
Thanks,
Ann in AR
I need a good attorney that ‘get-it’ …..and I reside in Rancho Cucamonga CA.
My story is so similar to Catherine037, below, I couldn’t believe it so I contacted her and found out I’m dealing with different parties. I have a court issue the needs to be dealt with by the end of the month (the court allowed 30 days to amend the complaint) and nothing has been done…..Help!
What Attorney in California that ‘gets it’ can you truly trust?
Be very careful folks in whom you trust. A total betrayal from an Attorney after they have heard your story was somehow worse than my four year battle with my loan servicer to save my home. Thank you for saying there are no guarantee’s even on livinglies of Attorney’s to seek out for foreclosure defense. I am sure the majority here are genuine and truly care about what has happened to homeowners across our nation by their sharing of information to help each other. Please forgive me if I offend anyone by sharing this.
I found one on this site who’s posts and web page said all I ever wanted to hear in needing foreclosure defense. I contacted him to be told his grand plan to defend my family to resolve the abuse I have received from Home Loan Services/First Franklin. We made several trips to southern California to get this plan of action going. We were both shocked and incredibly blessed he spent hours with us not charging us for his time until the lawsuit was to be filed, (which it never was) but first he advised us to hook up with an associate Chapter 13 Attorney he shares an office with to file so his plan had the time it needed. We took his advice doing whatever was asked on our end then waited for months for him to follow through trying our best to be understanding of his busy schedule. We also tried on several occasions to pay him for his time, but according to him the lawsuit was going to take care of that. Yes, there were signs along the way, but I truly believed in this man.
Finally after a year of contact he sets up an appointment to pay a retainer fee after the most recent attempt to foreclose only unbeknownst to us since he joined offices with the B/K Attorney it was not him we retained, well unless you call the office for the receptionist says we did. We left thinking we did.
All I know when we left that office last January a great relief with tears was felt, but months go by making monthly installments getting more desperate to see the action he said needed to be done, but in the end all I got from going there was lies for absolutely nothing ever transpired, but taking my hard earned money for months on end getting no services with excuses of soon, next week, end of the month, but never saw one thing that said my case was even worked on. No amount of calling, begging for updates or an accounting of how our funds have been used changed that fact. They were very good at finger pointing to the other guy.
They took the money we saved up to fight for our home leaving us all that much closer to losing our home. The sad part is they both knew that and kept my 4300.00 anyway plus the B/K fees. Maybe to some that does not sound like much, but if you knew how hard it was to pull that together you would understand after my four year battle how much it meant to take this to the final level since all I have done on my own left me empty handed there too. This result hurt so much more than you can imagine.
According to the bar association it will take months to resolve. Time I have ran out of. Truth be told I did not want to go there. The last thing we needed was more stress added to our 28 year marriage and the fact we are a two family household trying to hold it together so my daughter can raise her six month old here.
I take the blame again for putting my faith and trust into the wrong people. Something I have done many times in this crisis.
I work so hard at my job, but make time to read from informative web sites everyday trying to find the path to take to finally save my home, get the hidden agenda behind my loan exposed and hopefully our lives back getting out of limbo still residing in this house. Just once I want a win.
I have lists of things that has been done to my loan from the onset with abusive treatment to my family leaving us to believe our home is targeted for foreclosure constantly being set up to fail. So many people write about many of my issues all the time, but finding a clear cut road to take even going the Attorney route proved to be another false hope with lies. MERS, Goldman Sachs drama with my PSA, Deuthche Bank, BofA, Home Loan Services, the lists goes on including being told recently my B/K Attorney should have filed an objection to the proof of claim last year when we filed. I don’t get why they did this to my family. Again please be ever so careful who you trust with your home if you find a qualified Attorney which is quite hard to do in California anyway.
My trust from this housing crisis has taken such a beating from the lying broker putting us in a loan set to fail and never delivering the promised fixed affordable one leaving us to endure the domino affect. I have to say having an Attorney look me in the eye and tell me I have good strong case to I never represented you was by far the worst betrayal of all. These two guys were very good at throwing each other under the buss to swearing they would be the one to chat with the other to get action taken to so many excuses for never doing one thing to earn my money except putting my home in worse jeopardy than it was before I even contacted them.
My fight for my home continues. I don’t want to lose it or face my family if I can’t find a way to take action to save it. My family very much needs legal representation. Any suggestions would be greatly appreciated. All I beg for is after all this please don’t contact me if it is a scam. Please believe I have had my share to last a lifetime. Thank you for your time in reading this.
Catherine
catherine037@aol.com
HI Neil and Others:
I have come across this case in Nebraska Bankruptcy Court hearing transcript to which I would like to share with you. The Judge here is the Chief BK Judge. If you would like the entire transcript please email me and I will be happy to send it to you….unbelievable….excerpt with a reference to going to a boot camp is playing games with the court system. How do you like that Max Gardner?????
THE COURT: Did you go to that debtor’s boot camp
7 filed by that guy out in North Carolina or –
8 MR. KRATVILLE: No. I heard about it, but no, I did
9 not go to it.
10 THE COURT: I’m choosing my words carefully here.
11 And maybe not so carefully. I don’t know. I’m not a big fan
12 of games, and I recognize that lenders sometime have
13 documentation problems in proving their chain of title to the
14 note or what have you. But understand one thing. In Nebraska,
15 a note that’s endorsed in blank is bearer paper, actually,
16 under the UCC. A promissory note endorsed in blank becomes
17 bearer paper. So whoever says they have that note is the owner
18 and holder of that note. Nebraska has substantial case law
19 that provides that the security follows the note.
20 So the mortgage, the deed of trust, whatever it is,
21 follows the note. If somebody can stand up and say I got the
22 note, then they’ve got the security interest regardless of how
23 fouled up the chain of title might be. It would be real nice
24 if the chain of title were laid out clearly. I wholly agree.
25 And, in fact, I’m sure it can be done, and — but what I don’t
Forensic Mortgage Audits and Foreclosure Defense
oliver@ipa.net
john
Here some ideas to beat the Motion Summary Judgment . Please send me your ideas, they will be greatly appreciated.
Dillion Graham Esq. – Thanks for sharing .
A. Attached are 2 case laws from 2nd DCA and 4th DCA : SJ reversed and remanded
1. 2nd DCA – David Verizzo Appellant v. Bank of New York : March 3, 2010 – Failure by purported assignee of promissory note to file with the trial court
at least 20 days before hearing on its motion for SJ the original promissory note or the original recorded assignments of mortgage precluded
summary judgment op purposed assignee’s foreclosure claim.
2. 4th DCA – Frost v. Regions Bank – Summary Jugment reversed due the Bank’s failure the factualy refute mortgagor’s affirmative Defense that Bank did not
provide requiste notice and opportunity to cure.
B. Make 3 copies of each case law, underline the Judge’s copies and bring them to the Hearing. as a surprise .
I also found this detailed 1st DCA Opinion – No Assignment No Foreclosure could be helpful
Kontos v. American Home Mortgage Servicing, Inc., Case No. 1D09-2803, 2010 Fla. App. LEXIS 11698 (Fl. App. 1st Dist., 2010)
http://opinions.1dca.org/written/opinions2010/08-10-2010/09-2803.pdf
Reading the decision, without benefit of reading the briefs, it appears that the appellee must have conceded that the record before the trial court was devoid of any evidence of an assignment of the alleged mortgage indebtedness from the named Lender on the alleged instruments in favor of AHMSI.
Florida Residents – It is very important to elect a new Attorney General who support Homeowners and Foreclosure Defense Lawyer – Dave Aronberg
————————————-
Hi,
Please elect Senator Dave Arronberg for the post Florida Attorney General.
We all are excited that Office of Florida Attorney General is investigating Foreclosure Mills frauds. Senator Dave Aronberg will continue this ongoing
investigation as our new Florida Attorney General.
>
We all remember that on April 21, 2010, Homeowners and Foreclosure Defense attorneys went to Tallahassee to protest the now defunct bill HB 2270 .
If the bill was passed, the bank can foreclose our homes without going to Court. We had a press conference at the Capitol court yard in front of
the Supreme Court Building to protest the bill. Senator D. Aronberg was the ONLY Senator stepped out the Senate House, joined us at the press conference, spoke to us Homeowners and Foreclosure Defense attorneys to offer his sympathy and his support for our cause.
He declared that he is our Partner In Justice.
>
> Let’s put him in the Attorney General Office so he can continue to investigate the Foreclosure Mills Frauds and protect Homeowners. He is fearless and not influenced by the Banks. I do not take political side.
Senator Dave Aronberg already show his support for Homeowners and Foreclosure Defense Lawyers during our April protest. It’s time for us to give him our support. Thank you for your consideration.
>
Yes, that’s a good site. For solos and small firm attorneys, you can also check Avvo.com.
You can also check http://www.martindale.com
to see if your lawyer is listed there and learn particulars of his educational background, law specialty etc.
beware lawyers who have been doing something like immigration work for 15 years and suddenly switch to foreclosure defense!! they better have some wins for the homeowner
Hey Patty,
I think you’re the one who misunderstood . No one pretend to give advice here, we just try to help each other with all info we know. Never see you on this website before. Why don’t you post some positive foreclosure defense ideas here so we all can benefit ?
Just talking straight so people don’t take bad advice. I know what you’re thinking, and you’re right. I am aggressive about trying to help people and letting them know the truth when they are being fed misinformation. Obviously, some people don’t like it when you call them out. Not sure what the agenda is, but I wonder why you find it so aggressive Ann…
Good luck to everyone fighting the banks.
“You can bend it and twist it… You can misuse and abuse it… But even God cannot change the Truth.” M. Levy
Hey Patty,
How come you become so agressive ? Homeowners need good lawyers. The lawyers I recommend are among the top gun foreclosure defense lawyers with proven records. Sorry I missed Scott Fistel Esq, he is one of the best too. ForeclosureDefenseTeam is also very good. Of course there are many excellent Foreclosure Defense Lawyers out there.
If you know other good lawyers, please post them here so we all benefit.
OFFICE OF THE ATTORNEY GENERAL of FLORIDA:
The case file cited below relates to a civil — not a criminal — investigation. The existence of an investigation does not constitute proof of any violation of law.
Case Number: L10-3-1146
Subject of investigation:
Shapiro & Fishman, Gerald M. Shapiro and Barry S. Fishman
Subject’s address:
2424 N. Federal Highway Suite 360 Boca Raton, Fl. 3343
Subject’s business:
Law Firm representing lenders in foreclosure cases
Allegation or issue being investigated:
Appears to be fabricating and/or presenting false and misleading documents in foreclosure cases. These documents have been presented in court before judges as actual assignments of mortgages and have later been shown to be legally inadequate and/or insufficient. Presenting faulty bank paperwork due to the mortgage crisis and thousands of foreclosures per month. This firm is one of the largest foreclosure firms in the State
AG unit handling case:
Economic Crimes Division in Ft. Lauderdale, Florida
Link is Below: http://myfloridalegal.com/__85256309005085AB.nsf/0/C9A7A33CD4E077EF8525777700699EB9?Open&Highlight=0,shapiro,fishman
The only thing the Florida Bar’s website is good for is to confirm the attorney is licensed in that state and does not have any complaints or grievances from clients with the Bar. If you are admitted to the Florida bar, then you are admitted into every state court in Florida. That website just lists the states in which the attorney is admitted in addition to Florida, if any, and the jurisdiction in Florida where he or she was sworn in (i.e. 5th judicial circuit). That does not mean that the attorney cannot practice in other circuits. FYI- Attorneys do not need to be admitted into appeals courts, and most put in their contracts that they will not represent you in an appeal. To get into a Federal Court an attorney admitted in that state just does a simple application and goes to take an oath. Your attorney should bring those counter or cross-claims within the same foreclosure lawsuit. This is neither here nor there when it comes to foreclosure defense lawsuits which take place in the circuit court of the county where the property is located. Also, just so you know membership in the Trial Practice or Real Property Sections of the Florida Bar is like choosing to join a club within the bar. It does not signify any special experience or ability. I write this so that you and others can be informed. I am unsure why you think you have the authority and expertise to refer people to lawyers that have not actually represented you.
People hear things from all kinds of people, but that doesn’t make it true. It just makes the person that goes on that kind of advice foolish. Don’t take advice from anyone who is not a lawyer and does not know what they are talking about.
The Florida Bar website does not give much info about the lawyer, I agree. But I can see from the website if the lawyer belongs in Trial Section, if he practices at State Court, Appeal Court, Federal Court then I feel much better. Latter in the case, if I decide to appeal a judgment or go to Federal Court to sue lender’s Consumer Law violations or fraud, I don’t have to change lawyer.
I believe it is important to ask the lawyer to show you some of his pleadings. All lawyers are not equals. One of my neighbors showed me his lawyer Answer without any Affirmative Defense for his case. A trustee sues to foreclore my neighbor house and the Plaintiff claims Lost Note. The Plaintiff then filed Motion for Summary Judgment immediately. I recommended him to change lawyer and the new lawyer immediately filed an Amended Answer with 18 Affirmative Defenses and a strong Discoveries. The Plaintiff cancelled the Hearing for Summary Judgment.
I believe that if you go to Court with well planned strategies and top gun lawyers you will have more chance to get what you want .
I update my lawyer and other Foreclosure Defense lawyers I know by email them all info related to Foreclosure Defense I find i.e Neil Garfield posts, Appeal Court decisions, winning cases and pleading from other top gun lawyers, new reseach on securization etc. I even email the Senators, Judges and Chief Judges and Supreme Court Judges in my area about landmark Court rules around the nation and the state i.e Judge Schack New York , Judge Traynor’s rules favor Homeowners and Frauds committed by Foreclosure Mills. I think I am doing my share of helping my community in this time of crisis.
The Florida Bar’s website does not have much on attorney’s credentials. But, I agree with asking about how many cases he or she has handled and in which counties or states. If the attorney is smart, knows the law, and you like them, then hire them. I recommend hiring an attorney with a litigation background (trial experience) because attorneys that just did real estate closings for the last decade do not have a clue how to fight in court and neither do bankruptcy attorneys who can only advise you about bankruptcy. Remember that the law related to foreclosure defense in Florida is new and changing, so you need an attorney who is really smart and stays on top of the case law. There are quite a few excellent defense lawyers to choose from in Florida.
Good luck!
Florida – Before hiring a lawyer, check his credential at the Florida Bar website member seach:
http://www.floridabar.org/names.nsf/mesearch?openform.
Go to the Court House and ask the Court Clerk to give you some cases handled by the lawyer. Ask the lawyer to show you some of his winning cases. Question him about Trustee, assignments, affirmative defenses, Pooling Service Agreement (PSA), April Charney, Mortgage securization etc.
Some excellent Florida Foreclosure Defense Lawyers :
Miami/Broward – Dillon Graham Esq.
Broward – Carol Asbury Esq.,
Palm Beach – Thomas Ice Esq.
North Florida – Chip Parker, Matt Weidner, Wasylik Esq.
Can’t afford a lawyer ? Read http://www.foreclosureprose.com
http://www.msfraud.org go to the forum, seach for the thread
“Tactical Consideration for Foreclosure Defense”. Lot of info and court pleadings.
A BUDGET PLANS FOR EVERY FAMILY.WE CAN HELP YOU STAY IN YOUR HOME. POSSIBLY GET PRINCIPAL REDUCTION AND IN SOME CASES INTEREST RATE DEDUCTIONS. THE BANKS MADE A LOT OF MISTAKES IN THE PAPERWORK AND WE OFFER TO FIND THEM.FREE CONSULTATION ON ANY LEGAL MATTER.CALL KIM THOMAS 401-352-5609 or 401-274-1905. WE CAN HELP THE LAW OFFICES OF GEORGE E.BABCOCK …………………………………………………………………………………ESQUIRE. CHECK OUT OUR WEBSITE: http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.babcocklawoffices.com%2F&h=911e4
IF YOU HAVE A MERS WHICH STANDS FOR MORTGAGE ELECTRONIC REGISTRATION SERVICES WHICH WOULD BE IN MOST CASES ON THE 1ST PAGE OF YOUR MORTGAGE PARAGRAPH C OR YOU HAVE A MORTGAGE WITH INDYMAC OR ONE WEST BANK CALL KIM THOMAS OR GEORGE.
Folks looking for a Foreclosure Defense Lawyer, should WATCH OUT out for places that don’t include an attorney bio or any information about themselves or their qualifications on their websites or blogs. In Florida, all attorneys must include a statement of qualifications on their site, and when they don’t something smells like a scam… or maybe inexperience. Either way, it’s something to steer clear of – the last thing you need is a lawyer that doesn’t tell you the truth!
Good luck!
For to win one hundred victories in one hundred battles is not the acme of skill. To subdue the enemy without fighting is the acme of skill.
-Sun Tzu
For information on defending your Florida Foreclosure please contact us at floridadefenseteam@comcast.net
Thanks – Kudos for Foreclosure Defense Team.
A victory for Homeowner. Servicer can’t foreclose.
See Court Order at
http://www.msfraud.org/Law/lounge/Pocopanni-Order-Dismissing-with-Prejudice.pdf
Hi Ann,
Here’s the case that was dismissed -
JPMorgan Chase v Pocopanni 16-2008-CA3989
Duval Circuit Court, Florida
Florida Defense Team,
Please give me the case number of the Wamu/Chase you just mentioned for my research. Thank a millions.
Another WaMu/Chase foreclosure dismissal:
this time with finding of fraud
A couple recently was able to get their foreclosure by WaMu then Chase dismissed and the court went a step further and found WaMu and Chase guilty of fraud.
At the heart of the issue was the fact that the bank was claiming it owned the loan rather than being the service of the loan which was owned by Fannie Mae. The loan was originated by another bank unrelated to WaMu or Chase so neither bank (WaMu, then Chase as the purchaser of WaMu’s assets) had the right to claim that they owned the loan.
The court found WaMu and Chase guilty of fraud because they knew as servicer and not owner of the loan, they were not entitled to foreclose; only Fannie Mae was entitled to foreclose.
11. The court find by clear and convincing evidence that WAMU, Chase, and Shapiro and Fishman committed fraud on this court.
Another WaMu/Chase foreclosure dismissal, this time with finding of fraud
A couple recently was able to get their foreclosure by WaMu then Chase dismissed and the court went a step further and found WaMu and Chase guilty of fraud.
At the heart of the issue was the fact that the bank was claiming it owned the loan rather than being the service of the loan which was owned by Fannie Mae. The loan was originated by another bank unrelated to WaMu or Chase so neither bank (WaMu, then Chase as the purchaser of WaMu’s assets) had the right to claim that they owned the loan.
The court found WaMu and Chase guilty of fraud because they knew as servicer and not owner of the loan, they were not entitled to foreclose; only Fannie Mae was entitled to foreclose.
11. The court find by clear and convincing evidence that WAMU, Chase, and Shapiro and Fishman committed fraud on this court.
many months ago I stated on here our house was paid off, to this day we are still being told my “some” citimortgage employees that is the case, I recorded it, had an attorney ask me if a 120 Ruling, motion to sell our house has ever gone in front of a judge for approval. Well up until yesterday, there hasn’t been anything. We get in the mail yesterday, 11 days before our scheduled auction, a notice of hearing scheduled on sept. 1. How can citimortgage do things backwards? I do actually have proof that citi has already been paid first community mortgage from new mexico for this account and a letter from first community mortgages corporate attorney stating they no longer have any interest in our loan are not the servicer. How is this possible? I have also found evidence that his first loan was NEVER paid off by first community mortgage, just an open line of credit, that my husband was told was a second? We are filling with our District Court on Monday our response and putting our proof that citi has already been paid for this loan, as well as other docs.
Can citi do this? All the steps are backwards? In colorado the motion to sale has to be done first? There are NO attorneys here in Colorado who will help any of us!
Now what do we do? I have been told to do a Lis Pendus..not sure how to fill that out…file for a quite title…again not sure how to go about that, I want to name the correct parties. I have been told to do a full reconveyance since only my husbands name apprears on everything….again not sure how to do that..i have been told to place a lien…again not sure….would like to file a tro, or injuction, not sure where to start…..PLEASE ANY ONE???? wlough@bresnan.net
Enough of a down payment was made not having to pay the private mortgage insurance but a default policy was taken out by the lender without notifying me at the loan origination. I sent a letter to the lender stating that this action was considered lender paid insurance under Chap. 49 Homeowners Protection Act Sec. 4905 Disclosure requirements. The response letter came back stating that no premiums were ever charged to the loan and the policy was paid by a private investor. Shouldn’t I’ve been informed of this third party disclosure?
BUDGET PLANS FOR EVERY FAMILY.WE CAN HELP YOU STAY IN YOUR HOME. POSSIBLY GET PRINCIPAL REDUCTION AND IN SOME CASES INTEREST RATE DEDUCTIONS. THE BANKS MADE A LOT OF MISTAKES IN THE PAPERWORK AND WE OFFER TO FIND THEM.FREE CONSULTATION ON ANY LEGAL MATTER.CALL KIM THOMAS 401-352-5609 or 401-274-1905. WE CAN HELP THE LAW OFFICES OF GEORGE E.BABCOCK …………………………………………………………………………………ESQUIRE. CHECK OUT OUR WEBSITE: http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.babcocklawoffices.com%2F&h=911e4
IF YOU HAVE A MERS WHICH STANDS FOR MORTGAGE ELECTRONIC REGISTRATION SERVICES WHICH WOULD BE IN MOST CASES ON THE 1ST PAGE OF YOUR MORTGAGE PARAGRAPH C OR YOU HAVE A MORTGAGE WITH INDYMAC OR ONE WEST BANK CALL KIM THOMAS OR GEORGE.
Email no longer valid for the only attorney in Colorado who “gets it”….not surprising. Colorado is VERY UNFRIENDLY TO HOMEOWNERS. They are in collusion with the pretender lenders and practically hand our property over on a silver platter!
PLEASE, if anyone knows of an attorney in Colorado who can help please post or email me directly!
These evil soul-less people must be stopped! I feel another revolution coming on…
NO FAMILY LEFT BEHIND! BUDGET PLANS FOR EVERYONE.WE CAN HELP YOU STAY IN YOUR HOME. POSSIBLY GET PRINCIPAL REDUCTION AND IN SOME CASES INTEREST RATE DEDUCTIONS. THE BANKS MADE A LOT OF MISTAKES IN THE PAPERWORK AND WE OFFER TO FIND THEM.FREE CONSULTATION ON ANY LEGAL MATTER.CALL KIM THOMAS 401-352-5609 or 401-274-1905. WE CAN HELP THE LAW OFFICES OF GEORGE E.BABCOCK ………………………………………………………………………ESQUIRE. CHECK OUT OUR WEBSITE: http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.babcocklawoffices.com%2F&h=911e4
IF YOU HAVE A MERS WHICH STANDS FOR MORTGAGE ELECTRONIC REGISTRATION SERVICES WHICH WOULD BE IN MOST CASES ON THE 1ST PAGE OF YOUR MORTGAGE PARAGRAPH C OR YOU HAVE A MORTGAGE WITH INDYMAC OR ONE WEST BANK CALL KIM THOMAS OR GEORGE BABCOCK AT 401-274-1905 AND GET RELIEVE FROM YOUR PROBLEM!
Looking for Attorney who gets the “Securitization Theory” …where there is no mortgage obligation secured by grant deed of trust pursuant to UCC-8 …Real Estate Contract Law Specialist.
Lisa
Christine Garda in San Francisco
she gets it!!
Please I’m looking for an attorney that gets in San Francisco that gets it.
WHAT TO ASK YOUR PROSPECTIVE ATTORNEYS
So you have decided to challenge your servicer as to whether they really have the right to collect anything from you and whether they have been turning over payments to the “proper party” (the real lender) and whether they have any information regarding the securitization of your loan, and an accounting for ALL money exchanged or paid in connection with your loan.
You’ve decided to challenge the pretender lender on whether they really own your loan and whether they “represent” any other entity that might be the REAL LENDER. You want to know who the real lender is and whether they have any enforceable right to collect money, enforce the note or obligation, or enforce the mortgage or deed of trust.
You have decided to hire an attorney, but like all fields, there are attorneys that are good at one thing and not so much on others. You want an attorney who is a crusader, who is not looking for a single silver bullet like “produce the note.” You want someone who believes in you and believes in your case. You want someone you can trust and whom you like. Big retainers mean big bills generally speaking unless they charge you a project fee that is all inclusive.
Yes this is a lot of work to do, but hiring an attorney who is only halfheartedly representing you with the notion that you owe the money and anything he does for you is enough, even if it is a minor delay. Keep looking. Don’t expect the first one you meet to be THE ONE.
And remember it is YOUR case, they didn’t screw you (the securitization players did that) and they don’t owe you anything. They spent a lot of time getting educated and trained to practice law and they are entitled to substantial fees compared with other jobs.
Here are the the things you should want to know and to get CLEAR answers that are verifiable from any attorney you interview:
What type of practice do they have?
Have they litigated property matters before? How many times? With what results?
Have they litigated mortgage issues including foreclosures? How many times? with what results?
Do they have any specialization, certification or degrees in real property law, securities, contract law, Uniform Commercial Code, appraisals, real estate closings? What are those and when did they get it?
Do they have a working knowledge and experience litigating in Federal Court (bankruptcy preferred), State Court, jury trials, non-jury trials. How many trials have they been lead counsel? What is their record of success?
How would they rate themselves in proficiency in motion practice, discovery, trial, cross examination?
Can you get references from other clients?
Will they litigate to win or just delay the proceedings?
What are their personal views regarding the foreclosure crisis? Is their attitude one of outrage as to what has been done to homeowners, the national and world economy or complacency with a wink at the Judge that this is a real obligation that the “borrower” owes but wants to get out of because of some procedural sleight of hand?
What do they think of the financial bailout to Wall Street?
Do they agree that the homeowners were targeted victims of a vast scheme to drain homeowners and investors of as much wealth as possible or do they think borrowers were the greedy ones trying to buy houses they couldn’t afford?
What do they propose to do for you? Do they have experts with whom they maintain relationships? who are those experts? can you speak with them?
How much do they charge and how do they charge (by the hour, monthly, contingency fee, costs, expenses).
What is the total amount they expect that you will be charged for this litigation? (Ignorance would indicate they haven’t been doing this much or with much success).
Will you be provided with copies of all correspondence and notes to file?
Will you have telephone access tot he attorney? How often? For how long?
Will this attorney be representing you and working your file or an associate? If an associate, you want to ask the same questions regarding the above.
Listen carefully to the answers. Take notes. Go home and think it over even if it only for an hour. Don’t let “emergency” conditions dictate settling for an attorney who doesn’t understand securitized residential mortgages. It will only get worse that way.
Here is the Link to the Neil Garfield’s List of Nationwide Foreclosure Defense Lawyers who “Gets It”.
Miami Lawyer D.Graham gets it. 305-445-9185
He is a prominent Trial Lawyer in Circuit, Appeal and Federal Courts.
http://livinglies.files.wordpress.com/2008/08/lawyers-that-get-it-0310.pdf
New York Personal Injury law is a branch of law that relates to any damage or wrongdoing done to a person’s body, property, rights or reputation. An injury of this sort can happen anywhere – at work, on vacation, in a motor vehicle accident, or on public property. Injuries can also occur as a result from a fault or flaw in a product.
INDYMAC IS A FAILED CORPORATION – THEY SHOULD NOT BE ALLOWED TO CONTINUE IN LITIGATION.
—————————————————————-
http://www.mattweidnerlaw.com/blog
D. Graham Esq. 305-445-9145 Foreclosure Defense
Keep up the good and honorable fight to protect homeowners like my 84 year old homeowner, Erice Davis. Fight the arrogant and out of control banks who continue to kick the weakest among us when they’re already down.
Fight to understand who really benefits if an elected circuit court judge throws their neighbor out on the streets. (Fat Cat Wall Street Bankers and foreign investors like Deutsche Bank)
Fight to uncover, expose and disclose who the real owners and beneficiaries of foreclosure litigation are…don’t let them hide behind servicers or straw-man litigants….make them come forward and fully disclose their claims.
Force litigants in foreclosure litigation to come to the settlement or mediation table prepared to accept real world, practical settlements rather than pre-programmed loss guidelines that are subsidized by our tax dollars. (Read the Onewest Shared Loss Agreement) and read a balanced and more credible review of the transaction here and the FDIC Press Release here.
And for the real, credible, admissible evidence, read deposition testimony and motions below:
22580737-Erica-Johnson-Seck-Deposition-Indymac-Federal-Bank-Fsb-Plaintiff-Vs-Israel-a-Machado-50-2008-CA-037322xxxx-Mb
DefendantsResponsetoMotiontoSubstitue
depositionmalerman
INDYMAC_interest_sale_assignment_agreement
MELITATMTDTRANSCRIPT
IndyMacLoanSaleAgrmt
IndyMacSharedLossAgrmt
Special thanks for all the work in this effort to Jon Coats, Mark Stopa, April Charney, Greg Clark, Ice Legal, all the JEDTI fighters who are working behind the scenes and David Acosta at Case Clarity who continues to provide exceptional trial support for this important effort. Bookmark the Case Clarity site here for important information on trial support in all cases.
Advocates must begin to band together to fight, share information and support our courts in the fight to restore justice and integrity to our court systems.
Please contact me for information and strategies that have been developed to pool resources and fight together.
Hi Scott:
Hit on my name, it will get you to us.
Hello John and Storm,
Thank You for your reply.
John I have your contact info, but Storm I need yours.
Thanks
Scott Johnson
Hi Scott,
I work with an attorney who does cases in Illinois but only with my audits.
Contact me off site.
Forensic Mortgage Audits and Foreclosure Defense
oliver@ipa.net
john
Hi Scott:
Contact us off-blog, and we’ll give you someone.
Hello,
Still looking for an honest lawyer in Illinois. Any takers? There’s has to be one out there. The couple listed don’t return phone calls.
Scott Johnson
NEVADA case law.
Joseph Brown, Plaintiff vs. Wells Fargo Bank.
Plaintiff Brown wins a temporary injunction against mortgage giant Wells Fargo.
Also, defendants Motion to Dismiss was denied. The case is bound over for trial.
ANOTHER VICTORY FOR THE GOOD GUYS:
Summary Judgment Denied
Brevard County 18th Circuit: JP Morgan v. Green CASE NO.: CA-014956.
Once again a pro se litigant, armed only with our well researched case law, walked into the court room and
dissarmed opposing counsel to their briefs. After the homeowner presented a brief 3 minute/3 point argument Judge Davidson addressed the foreclosure mills’ opposing counsel in the kindest words she could muster – “Sorry – I don’t feel comfortable granting Summary Judgment to you”.
Deciding factor: FDIC => JPMorgan Chase Assignment
Critical Tactical Error => Setting a SJ on the UMC Calendar.
Critical Legal Error => Affidavit not defeating Affirmative Defenses.
Stories to Share? Email us: floridadefenseteam@comcast.net
Need an NC attorney for Brunswick County urgently.
Can call me anytime 704-890-5332
Hello,
Looking for a lawyer in Northern Illinois. Please contact me.
Thank You
Scott Johnson
Hi Neil,
I’m in Vegas. Can you please give me the name of some lawyers that get it in my area.
Thank you
Any Lawyers that get it in Denver, CO area?
I get it. I help people in Florida.
Thanks for maintaining such an informative site. Keep on fighting the good fight!
Lesly Longa
Attorney at Law
Office in Tampa
866-225-4214
ON JULY 3, 1956 I AND MY FAMILY MOVED INTO A HOUSE IN WASHINGTON DC. ON JUY 1, 2010 (54 years later)I WAS EVICTED BY THE US MARSHALLS, WITH ALL OF MY BELONGING ON TH STREET. THE LAWYERS HANDLING MY CASE DIED IN IS SLEPIN AUGUST OF 2009. SINCE THEN, IVE HAD TWO LAWYERS’, OE WAS SANTIONED BY THE COURT FOR NOT SHOWING UP (TWICE). THE SECOND LAWYERS(WHICH ATTENDED ONE OF YOUR SEMINARS) TOOK OVER A THOUSAND DOLLARS FROM ME, ALS DID NOT RESPOND TO A COURT SUMMONS I RECIEVED FROM THE COURT.
HAS YET TO RETURN A PHONE CALL, E=MAIL OR LETTER. THE HOUSE IS GONE, BUT NOT MY FAITH. CAN ANYBODY RFER ME TO ANOTHER COMPETENT ATTORNEYTHAT WORKS WITH CLIENT IN TE WASHINGTON DC AREA. I WILL BE FILING A COMPLAINT WIHTHE BAR COUNCIL ONCE I’VE FOUDN A PLACE TO LIVE. I’M OVER 60 YEARS OLD AND HOMELESS AFTER WORKING ALMOST45 YEARS. 202-531-4502
Ann,
As we discussed in your phone call I would suggest that you file the complaint in State court and seek the advice of a competent attorney. You still need an audit on the closing documents and proof by way of an affidavit as to who the “Creditor” is in your complaint.
Hope all goes well for you and your husband….
Forensic Mortgage Audits and Foreclosure Defense
oliver@ipa.net
john
http://foreclosureblues.wordpress.com/
ann
give me a call contact info on blog
For Ann from another Ann.
Check out these websites for info about non-judicial foreclosure help:
http://gingolaw.com/costs.aspx
http://www.foreclosuredefensenationwide.com
http://www.foreclosureprose.com
There are samples of Motion to Cancel the Sale at http://www.foclosuredefensenationwide.com
Best wishes
In non-judicial foreclosure in NW Arkansas. Have someone in MO helping me. We are going to file against Wells & their debt collection attorneys (pro se litigant.) In AR, foreclosure cases are heard in circuit court & in district court. Can’t find the info on which is the best court to use. Can anyone please offer some insights? We are trying to stop the sale scheduled for 7/19, so time is getting short. Thanks!
Haha! Good try, lair.
The links speak for themselves.
Care to come up with an excuse (lie) for why you’re not listed with the Virgina Sec of State as a licensed business? The LLC database doesn’t show “Lex Counsulting, LLC” at all. Neither does the “Name Search All Entities” database. I even omitted the “LLC”
Check for yourselves: https://cisiweb.scc.virginia.gov/z_container.aspx
I gotta tell ya, I ADORE Google!
Rose:
Wrong again, it is not a virtual office. BTW, you really need to get a little class. On any other blog, you would have been already been gone for such deranged comments.
Posters and commenters like Neil, Alina, Dan and Anonymous may not always agree, but at least they do it with class!
So, I did a bit more digging and Suite 500 is an “Executive Suites”. In other words, many “offices” use that address to get mail, have someone answer their calls (fake secretary who answers with the appropriate “name” of the phone number assigned to a certain “office”). According to Google there’s at least NINE different entities that all share suite 500.
Plug the address into Google maps, include the suite, and it will give you a listing of those business.
http://www.carrworkplaces.com/locations.html for info on Carr workplaces, who is the business running the “virtual” office” at Suite 500.
Again, this suite number thing is nothing but a ruse. A sleight of hand, if you will. After all, you can be assured this is NOT the ONLY “shared” office space in the greater DC area.
So, again, WHY that particular office building? Could it be because it’s really easy to stroll to another “office” in THE SAME BUILDING to pick up messages and mail at the FRONT that’s been set up?
I mean, it’s not like MERS can’t afford to set up a “virtual” office” with a different suite to deceive those hapless homeowners who’ve been conned by Storm/Scum.
After all, their WHOLE business model is to circumvent open, honest real estate transactions, take property that doesn’t belong to them and to evade, obfuscate and outright LIE if needed to get more more more MONEY!
Storm/Scum
I KNEW you were going to try and use that lame “Well, we’re not in the same suite” CRAP.
Listen, buddy, how freaking STOOOPID do you think we are?
It’s just TOO much of a “convenience” that you’re in the EXACT same building. On different floors, ya say? Different suites… different floors? Sell that elsewhere, we’re not buying! Why in world would we believe what YOU say?
One could (and should) wonder WHY (to paraphrase from the movie “Casablanca”‘s famous “of all the gin joints” speech)
“Of all the office buildings in all the towns in all the world, you’re located in THAT one.”
After all, this isn’t the movies where coincidences are easily explained and I’m sure no one is buying into your flimsy excuse.
The people to feel sorry for are those whom YOU’VE conned with your PHONY “service”.
Rose:
You’ve become unstable over your inability to know what you’re talking about! Moreover, if your research is any indication of your acumen or qualifications, god save anyone who would pay to have you do an audit!
The address for MERS is not 1818 Library Street, Suite 500, Reston, Virginia 20190. They are two floors below us in Suite 300!
Storm, SCUM!
YOU are a #$%^&*()#%^ LIAR!
See, buddy boy, you’ve been lying to ALL of us for a loooooong time now, but you’re a complete and utter dipshit, you gave ME the tools to expose your FRAUD!
Just like MERS (the company YOU work for) you’re so damned arrogant that you think nothing an NO ONE will catch on to your LIES!
Well, jackass, I HAVE.
See, research and FACT CHECKING is what I DO! And, you, jackass, you made a BAD mistake.
What did you do? You provided a link to your “other site” (instant partner… more like instant ripoff). I checked out (it’s what I do) and, lo and behold, what do I find? I found the evidence that you, jackass ARE A PLANT.
EVERYONE: I direct you to the jackass’s trail of LIES, LIES, and more LIES.
Go to: Instant partner (click the link, Storm/Scum provided), when you get there click on “About us”, and then go to the BOTTOM of that page for this quote… “Instant Law Partner is a project of Lex Consulting LLC, headquartered in Loudoun County, Virginia, near Washington, D.C. ”
NOW, do a search for “Lex Consulting, LLC” (there’s stuff in there about Lex violating the law in Nevis, but that’s not germane to this post… just shows what scumbags they are).
You will see (the SECOND link down the page) a link entitled “Retainer and Non-Disclosure Agreement for Forensic Document”.
Click that link: which will bring you to a PDF that clearly spells out…
“LEX CONSULTING, LLC with an address at 1818 Library Street, Suite 500, Reston, Virginia 20190 will
perform a Forensic Document Examination and Forensic Appraisal on behalf of Homeowner(s)”
Here, look for yourselves: http://www.mortgagefraudexaminers.com/getstarted.pdf
EVERYBODY: Know what the address IS for MERSCORP!?!
1818 Library Street, Suite 500, Reston, Virginia 20190
Storm, SCUM, You’ve BEEN BUSTED.
My advice to you, tuck tail and run, boy.
For those of you who want a REAL examination of your documents, from someone trained by Niel (in Phoenix), I can be contacted at “Forensic Mortgage Examiners” AT gmail (no spaces)
Neil:
First of all your statement: “THE NUMBER OF SUITS OR SALES BROUGHT BY SERVICERS OR MERS HAS DROPPED TO NEARLY ZERO.”
This statement is what is known as being disingenuous. There are MILLIONS of foreclosures in the works; it really doesn’t matter who files it, it will eventually get straightened out to the dismay of the homeowner who spent thousands of dollars!
You also stated: “IF YOU ARE ON THE SIDE OF HOMEOWNERS, THEN YOU NEED TO DO MORE RESEARCH”
First of all, we’re not some “Johnny come lately,” Because of the number of calls we were getting regarding foreclosure defense, I formed Mortgage Fraud Examiners as an adjunct to our litigation support company I’ve had for nearly thirty-five years (http://instantlawpartner.com). We’ve done the research and KNOW, as do other attorneys, who REALLY “get it” that standing arguments are an abysmal failure, and the ONLY tactic that REALLY works is to find wrongdoing on the part of the agents working for the banks!
Your statement: “IF YOU ARE A PLANT (THERE HAVE BEEN MANY ON THIS BLOG) WE WILL GET TO THE POINT WHERE WE BLOCK YOU FROM POSTING.” I’ve also heard the same thing about you, but I’m sure like me, you take it for what it is. BTW, I don’t know if this is true or not, but there’s a company, who’s only been in business only a couple of years, going around telling people that they taught you and Brad how to do loan audits, is there any truth to that?
Your statement: “THESE BORROWERS WERE ALL DEFRAUDED BY FALSE APPRAISALS AND A MYRIAD OF OTHER LIES UPON WHICH THEY RELIED, JUSTIFIABLY AND SUPPORTED BY ACTUAL STATUTORY LAW. UNDER AMERICAN LAW IT HAS ALWAYS BEEN THE LAW THAT ANYONE WHO IS DEFRAUDED SHOULD BE ALLOWED TO GET BACK TO THE PLACE THEY WERE IN BEFORE THE FRAUD AND IN CERTAIN CASES TO SEEK PUNITIVE OR EXEMPLARY DAMAGES.”
Not “ALL” appraisals, but we do find appraisal fraud in four out of every five examinations we do! I agree mostly with this statement, however this comment has nothing to do with standing!
I would love to speak with just one attorney you have taught that has been successful (something other than STALLING the foreclosure) using your standing arguments, because the ones we’ve spoken with have either been sanctioned (one had his client ordered to pay $25,000.00 in bank’s legal fees) and/or lost their cases!
Notwithstanding, I haven’t found one scintilla of evidence that a standing argument is useful other than a stall tactic. And I can show anyone for FREE how to do that!
We’re hopefully all on the same page in trying to help homeowners, but spending thousands of dollars on some standing or produce the note argument, and ending up with only a loan modification in the end, is not helpful!
Storm
Whatever Mr.Anonymous says or write, you need to read and re-read may be you are missing something. WISDOM DOES NOT COME BY AGE.
STORM: YOUR ARGUMENT IS SIMILAR BUT NO LONGER THE SAME AS THE SECURITIZATION PARTIES WHO SEEK FORECLOSURE. EVEN THEY CONCEDE THAT THE SERVICER HAS NO STANDING NOW AND THE NUMBER OF SUITS OR SALES BROUGHT BY SERVICERS OR MERS HAS DROPPED TO NEARLY ZERO. IF YOU ARE ON THE SIDE OF HOMEOWNERS, THEN YOU NEED TO DO MORE RESEARCH. IF YOU ARE A PLANT (THERE HAVE BEEN MANY ON THIS BLOG) WE WILL GET TO THE POINT WHERE WE BLOCK YOU FROM POSTING. IF YOU ARE MORTGAGE FRAUD EXAMINER AS YOUR EMAIL ADDRESS INDICATES, YOU DO YOUR CLIENTS A DISSERVICE BY ASSUMING THEY ARE TRYING TO TRICK SOMEBODY INTO GETTING A FREE HOUSE. THESE BORROWERS WERE ALL DEFRAUDED BY FALSE APPRAISALS AND A MYRIAD OF OTHER LIES UPON WHICH THEY RELIED, JUSTIFIABLY AND SUPPORTED BY ACTUAL STATUTORY LAW. UNDER AMERICAN LAW IT HAS ALWAYS BEEN THE LAW THAT ANYONE WHO IS DEFRAUDED SHOULD BE ALLOWED TO GET BACK TO THE PLACE THEY WERE IN BEFORE THE FRAUD AND IN CERTAIN CASES TO SEEK PUNITIVE OR EXEMPLARY DAMAGES. IF YOU ARE NOT A LAWYER, THEN DON’T OFFER LEGAL OPINIONS.
Storm,
Thanks for the case. However, I must agree with ANONYMOUS that this case has no relevance.
I do not believe anyone on this forum disputes the fact that servicers may file a foreclosure action in their own name provided they show by what authority they do so. This case simply reinforces that argument. The servicer filed an affidavit from its principal (BoA) in response to a motion for judgment on the pleadings. The trial court, however, ruled that the affidavit was filed untimely because the servicer had failed to respond to an interrogatory requesting evidence of its authority and dismissed the case. The dismissal in this case was improper because the servicer, in the end, did provide proof that it has authority from its principal.
In the majority of the residential foreclosure cases brought in the name of the servicer, the servicer fails to provide proof that it has authority to act on behalf of its principal (the real party in interest). Therefore, the servicer has failed to show that is has standing. Even after the court has ordered the servicer to provide proof, the servicer fails to do so. Therefore, in those cases, a dismissal is proper.
Storm – Sir
I know how to read – even though I am only a “youngster” in your eyes. But, I am not an attorney – and did not read the case without attorney assistance.
What you fail to pick up is that “rent” collection is not a mortgage.
Will not respond to this again. The case simply has no relevance. Nevertheless, appreciate everything that is posted on this blog. We learn from everything. Thank you..
To Dan and Annomous
Whomever runs this cite should BAR this Idiot STORM from posting, he is obviously an attorney for MERS or other sorry ass lender. Only a complete fool would believe that homeowners have no recourse. Only a complete IDIOT would believe that these banks will prevail on the few of us smart enought to FIght for our rights. It may take time but losing MY house is NOT an option. So if you want to entertain bank flunkies who probably can’t pay THEIR RENT, and are looking for a few sucka’s to pray upon, enjoy the complete bullshit this jerk is spewing. I prefer to FOCUS on kicking some subprime default swap ass. ENTIRE ASS and all of the TURDS that belong in JAIL with them stinkin up the place..
Hey ANONYMOUS:
Son, you need to learn how to read, but more importantly understand the law in opinions!
BTW, it’s the “flaws” in your arguments that are ripping off homeowners!
Storm
You are totally misreading this case. Sorry about that.
BOA ratifies the servicer’s standing by the affidavit. BOA, as the creditor, that is, grants the servicer the authority – this is allowed under real party in interest – an opportunity to allow the real party to grant authority to a party to represent them.
The court is saying that the servicer has standing due to the collection of the account. Then BOA ratifies the real party by affidavit. So the court tosses out the collection argument – and now looks at the real party – BOA. Court then states that since the rent had nothing to do with the mortgage – servicer losses, i.e., they would have to have made a mortgage argument – and, now because BOA is now involved – servicer failed to make this argument – thus DEFENDANT wins.
Case supports our current arguments – you have to go back to the drawing board to find flaws in our arguments. Case is a wash – it supports our arguments.
Storm,
Thank you for bringing up this case.
Yes I have heard that argument. I will have to review the case (someday when I have time). However, stating that the servicer has equitable ownership is a crock. Yes they have an interest, but full equitable standing? What about the trust? What about the investors? What about those who have pledged and still have a security interest? What about the SWAP and insurance providers (whose intererst is sometimes above the certificateholders interest)?
What about the fact that the servicer is extinguishing the obligation by making payments? What about the fact that the servicer doesn’t have power of sale? What about the fact that the true creditor (the one to whom payments are actually due has not been damaged by any lack of payment? How has the servicer been damaged? Answer:
– by failure to receive their fee (which was typically a RESPA violation anyway as it was not disclosed at closing)
– by making the payments for the borrower (of course the fact that the borrowers obligation were actually paid were concealed, misrepresented and not disclosed to the borrower AND usually the courts)
What is wrong with this picture? The servicer (and other parties) usually have unclean hands. Yes they may have some sort of equitable interest, but to get equity you must do equity.
My guess is that the parties arguing this issue left a lot off the table.
There is a lot more to say about this issue, but I will keep it short for the moment.
Of course I am not an attorney and this is only my own opinion and represents my views on my own case, so what do I know?
Thanks,
Dan Edstrom
dmedstrom@hotmail.com
It has always been our position that the law AND the pooling/servicing agreements make it clear that the servicer is the “real party in interest.” Hence all of these standing argument suits are a waste of homeowner’s money, give them false hope, and in reality just postpone the inevitable. Attorneys, we train, know the ONLY thing that REALLY works is to find some violation of law by one or more of the agents of lender, and use that against them.
Well the Seventh Circuit seems to understand the law, as we do, and shot a hole through the heart of the standing/real party in interest argument raised by those and their blind followers who lead homeowners down the “road to perdition.”
The case, CWCapital Asset Management v. Chicago Prop., 09-3506 (7th Cir. 6-29-2010). Judge Posner reversed the District Court, finding that the servicer is “much like an assignee for collection.” In this case, the servicer had standing to sue because it had a personal stake in the outcome of the lawsuit as “it receives a percentage of the proceeds of a defaulted loan that it services.”
Judge Posner decided that under the terms of the pooling and servicing agreement, the servicer “has the whip hand; he is the lawyer and the client”; while the trustee’s duty was merely to provide support when needed. The pooling and servicing agreement delegated equitable ownership of the claim to the servicer, while the trust holds mere bare legal title. It is the equitable ownership that enabled the servicer to act as the plaintiff.
The only hope now is that one or more other circuits hold the opposite and have it to go before the S.Ct. But I’d bet the farm that they would uphold the 7th Cir. because in dicta they already have!
I need a lawyer who is willing to help in Bakersfield, CA
Looking for Atty in Orange County, CA. BK experience required.
Seems like its cheaper to pay the pretend lender than hire a good lawyer here in So Cal. Since I don’t trust the local Federal Judges to follow the law, I making plans to take that route.
George E.Babcock Esquire for Rhode Island and Massuchusetts for an Attorney that gets it! We have over 100 cases involving MERS, Indymac/Onewest &
WAMU. Foreclosures are our specialty. Free consultation and payment plans to suit every budget.
Call Kim Thomas 401-274-1905 or 401-352-5609.
To Karin P Sigfridsson:
I have been to Neil’s workshops. I have won cases in Minnesota and presently have 5 + cases and working with over 4 attorneys.
Please feel free to email me directly….
Mortgage Audits and Foreclosure Defense
oliver@ipa.net
john
I need to find a lawyer in Saint Paul/Minneapolis, MN that “get’s it”, my sheriff’s sale is scheduled for 07/08/10. Currently trying to work with Regions Mortgage to get my loan restructured, but was told that they can’t stop the sheriff’s sale. Regions Mortgage sent me paperwork to fill out but the lender’s name on the paperwork is Freddie Mac. Is there anything I can do to stop sheriff’s sale?. Send reply to my e-mail, please no spam and only serious responses.
Thanks
“Cracks in the Foundation” link:
http://dash.harvard.edu/bitstream/handle/1/3746196/Yuli%20Wang.pdf?sequence=2
“Cracks in the Foundation – A Transactional Study of Residential Mortgage Backed Securities”
Yuli Wang, Harvard Law School
Steven K. Kop, Esq.
(310) 721-8557
We might need an attorney in Colorado who gets it.
My husband and I had a wonderful gift handed to us on May 3, 2010. Our house which was getting ready to go into foreclosure. Got notice on 4-26-10. Paid off in full, the amount that Citimortgage’s attorney. Castle, Meinhold and Stawarski of Denver Co stated. On May 21, we were told that Citimtge had the money and that everything was in the process of being completeed so that we would get the deed. On May 24, we recieved letters from Attorneys, stating that we needed to make arrangements to move out, House up for sale on Aug 18. We contacted Citi collections..they have no record of money. Loss mitigation has the money, and is now stating that there is a title issue to contact the attorney.
We contacted the attorny on May 25, and the Attorney says that money is there, our foreclosure is on hold, and that they will not contact collections to stop the calls and they will NOT release the title. Now where do we go. I am now getting ready to send out demand letters to all parties involved demanding they release our title. This title dispute is NOT our fault, our house is paid off. Any help or ideas in regards to this would be helpuful. Please feel free to eamil me at wlough@bresnan.net…serious responses only. NO spam. Thanks
I need an attorney in Jackson, MS who gets it.
wchaisson@comcast.net
Its very early in the process, I’ve only been contacted by the local attorney that has been retained to carry out the foreclosure, but haven’t actually received the notice from the pretender lender. They told me over the phone they don’t have the promissory note and said the only way for me to find out how much I need to pay to bring it current is by faxing it to me. They wouldn’t say over the phone, send me an email or send a letter in the mail. They said they can only fax that info, I told them that’s rediculous. I don’t have a fax.
Trouble in Northern Cali,
Shoot me an email and I’ll send you a N. Cali list.
Thanks,
Charles Cox
charles@bayliving.com
Virginia State Sir
Raja,
What state are we talking about?
Niel, Walter Hackett, Ron Houchins, Anonymous,Steven K. Kop, Esq, MSoliman and any one who can solve this…..
One borrower who had a rental home which went to foreclosure sale. He filed the Lis Pendens and Complaint before the sale and attempted to stop the sale. The tenant turned his keys into the new buyer and ran. Borrower would now like to move in based on some personal problems at home. We have not heard anything from a buyer or the bank (other than answer, discovery, etc.) As per County land records the house is still in his name. Any thoughts about him moving back in? He may have to break in because he does not have the keys.
If he was already living there, we would have told him not to move until the Unlawful detainer — but I am unsure about advising him to move in.
Do you have any thoughts.
Trouble in Northern Calif.,
I delt with US Loan Auditors. Major scam. Verify at Complaintsboard.com
Are there any lawyers in the Northern California area that “get it” and have been successful against Aurora Loan Services or American Brokers Conduit that are very familiar with Truth and Lending as well as predatory lending violations? Also what should Iexpect to pay for such services and does anyone have experience with US loan auditors? I am current on my mortgage but my 3 years tila violations is coming up close…
KM–re: attorney in Oklahoma
Months ago I spoke with Plilip Taylor, an attorney in Tulsa OK–I don’t know any one who has worked with him, but I was very impressed with his passion and understanding of this “foreclosure mess”–
918 688-7445–philipataylor@cox.net
He is on Neil’s llist of “lawyers that get it”–hope this can help you.
Soliman, Neil, Kop,
I’m working on a response brief and could really use some pointers, Litton’s trying to make my appeal look moot and have it dismissed by requesting judicial notice of a superior civil limited default judgement in an UD, but they’re avoiding giving notice of any actual sale(because it’s a fraud – see “Fraudclose”). I was thinking maybe of objecting because under Fed. Rules of Ev. it does not comply with Rule 201(b) (despite what opposing counsel said) because I tried to have the UD removed to district court, and I already raised that issue in dispute of legal arguments in my opening brief. So if you any of you guys in your spare time feel charitable…
Appellant Brief
http://www.scribd.com/doc/30214922
Appellee Brief
http://www.scribd.com/doc/30217660
Fraudclose
http://www.scribd.com/doc/30225371
Request For Judicial Notice
http://www.scribd.com/doc/30217746
& for EVERYONE(that includes me) We need to start posting web links to pleading, opinions, briefs and other long formed legal scripture. Everyone contributing thier help is much appreciated, but when one section of LL gets too cramped up with long posts with many words, that slows down the access to the web page making it more difficult for people seeking out assistance to get it. So please everyone sign up for a Scribd account it’s Free and by all means Neil any of my posts that you think do not provide beneficial insight to the cause you may delete them you have my permission.
DyingTruth
Motion for Sanctions Granted Against LaSalle Bank
In the 19th Circuit Court today defendants fighting their foreclosure were granted relief against LaSalle Bank for failure to have a lenders representative appear at Foreclosure Mediation with Settlement Authority. The court awared, as requested by Florida Defense Teams’ Motion, that LaSalle Bank will be compelled to reappear at mediation, at LaSalle’s expense, with a person who has full settlement authority as dictated by the Pooling and Servicing Agreement. This is what we now refer to as the mediation “trap” for the unwary lender. Foreclosure Admin Orders in Florida require all conditions of the order to be fulfilled before setting trial or summary judgment hearing. The pretend lender is now trapped into a mediation that cannot be attended. It is settled law that appellate courts have held that FRCP 1.70 (mediation requirement) require a person to appear with full settlement authority. The PSA only gives limited authority to modify the note, and only to a specific servicer, which will not typically be the plaintiff in the case. Unless an amended 8k is filed, the PSA is the controlling document. Additionally the new Florida Supreme Foreclosure Mediation Order demands Plaintiff to submit original note, chain of Title, and submission of Pooling and Servicing agreement to Defendant before being released from the Order.
If your case does not qualify for mediation you still can motion the court for mediation and split the fees with the lender. Then the fun begins.
“Victorious warriors win first and then go to war, while defeated warriors go to war first and then seek to win.” – Sun Tzu
1) Identify opposing counsels weakest position (e.g. no note, fraudulent affidavit, separation note and mortgage security, etc.)
2) Choose Supporting Strategy via settled law
3) Prepare the groundwork to achieve your strategy via Discovery.
4) Attack with your Motion.
5) Bad ruling? Bring to appellate’s view de novo.
6) Repeat 2-5 with each pass with greater focus and intensity.
Follow the title insurance coverage:
Basic insurance law generally holds that you cannot be insured for the beneficial interest in a mortgage/deed of trust without an “insurable interest.” (a direct beneficial interest in the insured property interest; this is independent of CDS etc., which are other forms of risk of loss insurance).
An indicator of who owns a mortgage – that is, the note obligation secured by a mortgage or deed of trust – is title insurance.
Follow the title insurance and its endorsements.
http://www.firstam.com/content.cfm?id=4214
A Pretender Lender can commit a bankruptcy crime by making a “knowingly false claim” in a bankruptcy case:
11 USC § 152. Concealment of assets; false oaths and claims; bribery
A person who—
(1) knowingly and fraudulently conceals from a custodian, trustee, marshal, or other officer of the court charged with the control or custody of property, or, in connection with a case under title 11, from creditors or the United States Trustee, any property belonging to the estate of a debtor;
(2) knowingly and fraudulently makes a false oath or account in or in relation to any case under title 11;
(3) knowingly and fraudulently makes a false declaration, certificate, verification, or statement under penalty of perjury as permitted under section1746 of title 28, in or in relation to any case under title 11;
(4) knowingly and fraudulently presents any false claim for proof against the estate of a debtor, or uses any such claim in any case under title 11, in a personal capacity or as or through an agent, proxy, or attorney;
(5) knowingly and fraudulently receives any material amount of property from a debtor after the filing of a case under title 11, with intent to defeat the provisions of title 11;
(6) knowingly and fraudulently gives, offers, receives, or attempts to obtain any money or property, remuneration, compensation, reward, advantage, or promise thereof for acting or forbearing to act in any case under title 11;
(7) in a personal capacity or as an agent or officer of any person or corporation, in contemplation of a case under title 11 by or against the person or any other person or corporation, or with intent to defeat the provisions of title 11, knowingly and fraudulently transfers or conceals any of his property or the property of such other person or corporation;
(8) after the filing of a case under title 11 or in contemplation thereof, knowingly and fraudulently conceals, destroys, mutilates, falsifies, or makes a false entry in any recorded information (including books, documents, records, and papers) relating to the property or financial affairs of a debtor; or
(9) after the filing of a case under title 11, knowingly and fraudulently withholds from a custodian, trustee, marshal, or other officer of the court or a United States Trustee entitled to its possession, any recorded information (including books, documents, records, and papers) relating to the property or financial affairs of a debtor,
shall be fined under this title, imprisoned not more than 5 years, or both.
cf: California Bus. & Professions Code section 6077.5 Fair Debt Collection Practices Laws, and Unfair Business Practices laws.
Steven K. Kop
Attorney at Law
bluejaylaw@gmail.com
LENDERS ARE A BUSINESS. . .BIG BUSINESS!
A business is is subject to a condition of constant demand for profitability or it eventfully shall fail. A financial business must maintain an especially critical self evaluation taking constant stock of its fiscal responsibility. That obligation is to maintain separate escrow accounts, reconcile and not withhold information and to hold in trust HONEST capital requirements to satisfy its own obligations.
The role of a lender is that of a financial services “business” and we understand this. A company shall operate itself with the same fiscal responsibilities as other licensed businesses. A lender or mortgage banker is not a bank but partnered with a bank and participating in the business of acceptance.
The mortgage bank will most likely operate under a CFL lender license in California or answer to other finance licensing requirements.
This mortgage bankers license differentiates the lender from a chartered bank under the FDIC or FSB regulatory authority. All types of commercial and mortgage lenders, regardless of licensing must act in accordance with ethical annual reporting requirements as imposed by the State of California franchise tax board and the Internal Revenue Service.
An example of the lack of integrity while in the role of a banker is the argument for a bank and fiduciary accountability while in regulated environment.
Cover-up with Feds Help?
This report has yet to close the book on itself where its alleged that a senior federal banking regulator approved a plan by IndyMac Bank to exaggerate its financial health. This is now one and a half years later and on the eve of a Indy Mac class settlement.
The matter was documented in a May federal filing. The breech allowed the California company to avoid regulatory restrictions only two months before it collapsed, a federal inquiry has determined.
The same regulatory agency, the Office of Thrift Supervision, allowed similar legerdemain (sleight of hand) for other banks, according to a letter sent yesterday to members of Congress by the Treasury Department’s inspector general, Eric Thorson.
The letter did not provide details about the other incidents.The finding that OTS on several occasions “blessed a fiction,” in the words of one congressional staffer, renews questions about the agency’s relationship with the companies it regulates and about its complicity in the collapse this year of several of the nation’s largest thrifts, including Washington Mutual and Countrywide Financial.
The Washington Post reported last month that OTS allowed thrifts to lend massively while reserves against future losses dwindled. Even as problems became apparent, the agency continued to prioritize deregulation.
The latest findings underscore that OTS failed to enforce its own rules. “The role of the Office of Thrift Supervision, as the name says, is to supervise these banks, not conspire with them,” said Sen. Charles E. Grassley (R-Iowa). “It’s good the inspector general has opened a full-blown audit as a result of this case. Everyone ought to be paying very close attention.”
The regulator named in Thorson’s letter, Darrel Dochow, was removed from his position yesterday as director of OTS’s west division, which supervised Washington Mutual, Countrywide, IndyMac and Downey Savings and Loan, among other banks that have been seized or sold this year.
It is the second time Dochow has been removed from a position as a senior thrift regulator. He was demoted in the early 1990s after federal investigators found that he had delayed and impeded proper regulation of Charles Keating’s failed Lincoln Savings and Loan. In a letter to the inspector general, OTS director John M. Reich described Dochow’s actions as a “relatively small factor in the events leading to the failure of IndyMac.”
By its own admission the OTS now has acknowledged the malfeasance leading to the demise of Indy Mac bank.Thorson’s investigation has its roots in a standard review of IndyMac’s failure. The review was triggered because OTS is an arm of the Treasury.
During that review, Thorson found the Dochow incident described in documents provided by Indy Mac’s accounting firm,
Ernst & Young. Thorson presented those findings to Treasury Secretary Henry M. Paulson Jr., who urged him to investigate, according to a Treasury spokeswoman. The core allegation is that Dochow allowed IndyMac to count money it got in May in describing its financial condition at the end of March.
I can attest to having found auditor attestations which further support these allegations of corrupt unlawful activities with special emphasis on the mortgage sub prime servicing division’s.
How can you look back and believe anything you heard from these banks after stories like the above?
M.Soliman
expert.witness@live.com
Michelle,
We are updating the Lawyers list. Please verify that the information for you is correct & you would like to remain on the list.
Michelle Drimmer
1113 Turkey Foot Rd #3
Lexington, KY 40502
609 203 2680
Thank You,
Chris Molloy
Neil’s Assistant
Hello!
I am nearing the end of BK in the state of WI. I have declare chapter 7 total liquidation. I have not tried to keep my home nor 2nd home. During this process I that JP morgan is listed on my Lis Pendens as “grantor” along with myself. Does this mean that JP Morgan is possibly the owner or co owner of my note? I asked my lender to provide me a copy of my note..they did and it appears to just be the original note I signed in 2004..I dont know if this is the current note or not.
I have put Chase of for one year. “Fraud” Still need an Attorney in South Carolina. Myrtle Beach
Help!!
FORECLOSURE DEFENSE – A CALL TO ARMS
From Carol Asbury Esq.
I am an attorney that has fought this battle against the banks for two years. Much has changed and much needs to change. That change can only come from an arm of grassroots Floridians who have chosen to Fight the Banks Now. If thirty (30%) of the Floridians facing foreclosure would FIGHT — instead of 95% who walk away — the dynamics of this battle against the banks/lenders/Trust would change marketedly.
Right now the banks have the upper hand. The Banks created this Ponzi scheme that inflated the values of our homes, made billions of dollars selling loans to anyone with red blood and then re-selling them for billions of dollars more, made billions on the Federal Government bailout, and made millions on bogus trial period modifications. Not to mention all the other ways the Banks were paid for these loans; such as, insurance policies, and credit default swaps. In other words, the Banks made more money on your default than on your modification.
Ponzi schemes have weaknesses inherent in the scheme itself. In this case, the paper trail is often lacking. “Notes” were destroyed, forged or altered in about 40% of the cases. Transfer documents; such as, endorsements on Notes; assignment of the mortgages; and many other legal technicalities were not followed. In short, the act of turning promissory notes into unregulated securities, which are controlled by Trustees and Banks, who fail to identify what and who they are, have created many defenses which are the foundation of many of the mortgage defense strategies, which I and a few other attorneys practice so passionately.
Here is the good news. The law is on our side. Here is the bad news. The majority of the judges in Florida do not follow the law. The Judges see only one thing — the borrower has not paid the Bank. The Judges do not want to see that these Banks do not own our loans. In short, Floridians who find themselves in the grips of a foreclosure law suit are worst than the worst criminal defendant. The Laws of Florida and the Rules of Civil Procedure do not apply to the Defendant in Foreclosure.
In criminal law, the State must prove its case against the defendant. When a person is sued in foreclosure, the law doesn’t change — the Plaintiff must prove its case with facts and evidence. The Plaintiff must come forward with documents proving it bought and paid for your loan.
Complaints must also state a cause of action. Meaning the facts must be stated that show how the Plaintiff acquired the loan in question. But the judges in Florida often don’t require the Plaintiff to make any specific factual statements. The Plaintiff is not required to come forward with any documents or proof of anything.
In short, the justice system has broken down. When the only 2 issues Judges care about are getting rid of their case load and how long has the Defendant not paid his mortgage, then Floridians must rise up and fight the Judges, who are elected officials. Yes, these Judges are elected by us, Floridians. And we can throw them out too! We begin the fight by fighting the Banks. Hire an attorney that believes that the fight can be won. These attorneys are out there. You will know them by the passion in their voices when they speak of fighting your case. Make the banks prove their cases. Don’t walk away. If you walk away you are only allowing the banks to steal everything you own and for what? You will get something if you fight. You will get nothing if you walk away.
The second step is to expose those judges who do not want to do their job because the case load is so heavy. We need to expose those judges who are ignoring the law; and, therefore, are assisting the lenders in stealing our wealth and dreams.
On this Web site you have read about many of the illegal activities the lenders are using to fill the gap of missing notes, missing assignments, missing endorsements and missing documentation. But if you have all the law on your side and the judges still rule against you, then you need to get mad at the judges who are violating the law. If our justice system is broken then where do we go for justice. It is up to everyone of you out there to restore this necessary institution back to where it should be — on the side of the people.
For example, all of us need to be calling our State Senators and Legislators regarding the attempt on the part of the Florida Bankers Association to make this State into a non-judicial state where no Floridian has any rights except to roll over have allow the banks to steal everything without proving anything. You will lose your constitutional right to a day in court. In short, some entity unknown to anybody can come into Florida with the mere allegation that it owns and holds your note and steal your home. In all probability it is a lie but in a non-judicial State it does not matter. And the Florida Bar supports this miscarriage of justice
Jules where in Central California? Don’t even talk to them if they are proposing cash for keys. tell them that thier agressive tactics are making you fear for your’s and everyone else at your homes personal safety(like you get the impression that if you don’t leave they will force your removal by home invasion threatening the lives and physical safety of the occupants) and that you will call the police, the sheriff and the DA if they do not desist because of thier eagerness to “get rid of you” by any means necessary apears to violate 18 U.S.C. Sec. 894. & if they don’t listen call the authorities
Am desperately seeking an “attorney who gets it” in Central California. Have case of foreclosure deriving from contractor fraud. Time is almost out– am dealing with Cash for Keys Nazi’s. Home of 43 years and family and tenants devastated. Please help.
Love this site. . . . thank you all.
does anyone know of a lawyer in Australia that gets it?
Neil,
Looking for an attorney that “gets it” in Louisiana…
Please drop me a note..
James
jpantera@forensicmortgageauditors.org
Question:
Having read much of the securitization hiccups regarding mortgages – my understanding is that the entities creating & participating in the Pass-Through Securities Alternative Loan Trust – must remain separate for various legal reasons. Below is snip from our PSA which seems to affirm what Neil has said. Below the snip are the entities (corporations) and officers listed within our PSA. This appears to me as a contradiction. Can anyone explain/clarify this for me…
Here’s a snip from our PSA – pg 36
Opinion of Counsel: A written opinion of counsel, who may be counsel for a Seller, the Depositor or the Master Servicer, including, in-house counsel, reasonably acceptable to the Trustee; provided, however, that with respect to the interpretation or application of the REMIC Provisions, such counsel must (i) in fact be independent of a Seller, the Depositor and the Master Servicer, (ii) not have any direct financial interest in a Seller, the Depositor or the Master Servicer or in any affiliate thereof, and (iii) not be connected with a Seller, the Depositor or the Master Servicer as an officer, employee, promoter, underwriter, trustee, partner, director or person performing similar functions.
Per the Snip the entities “must in fact be independent…” yet, below Kushal Bhakta is First President of everything except The Bank of New York… is this legal? Or is there another explanation I’m missing?
CWALT, INC………..………….………….…….. Depositor ……….. Kushal Bhakta ……… First Vice President
COUNTRYWIDE HOME LOANS, INC …… Seller ………….. Kushal Bhakta …..… First Vice President
PARK GRANADA LLC ………..………..…………Seller ………..…… Kushal Bhakta ……… First Vice President
PARK MONACO INC ………..………..……….. Seller ……………… Kushal Bhakta ……… First Vice President
PARK SIENNA LLC………..……….………….….. Seller ……….…….. Kushal Bhakta …… First Vice President
COUNTRYWIDE HOME
LOANS SERVICING LP ………..……….. Master Servicer ……….. Kushal Bhakta ……. First Vice President
THE BANK OF NEW YORK .………..……….. Trustee ………..….Michelle Penson ……… Vice President
Below – Acknowledged solely with respect to the Trustee’s obligations under Section 4.01(b)
THE BANK OF NEW YORK ………..…. Individual Capacity …. Paul Connolly ………. First Vice President
————–
Here’s another caveat I learned about ole – Kushal Bhakta – he is also LEAD COUNSEL for Bank of America Corporation – Balboa Insurance Group – 3349 Michelson, Suite 200, Irvine, CA 92612
How can this guy be VP of so many entities that are supposed to be separated – PLUS – can you imagine the MORTGAGE INSURANCE POLICIES he is cashing in??? What’s wrong with that picture… This damn guy probably has franchise insurance companies all over the world cashing in on FORECLOSURES by creating separate Title & Mortgage Insurance companies here in the states. I doubt the FED could even figure out how many times he cashed in a policy for the same property.
Can anyone help explain this?
I Say We Take Back What’s Rightfully Ours By Any Means Necessary! What are we letting happen to OUR country? All you parents out there what are you going to do about America’s Children being thrown out onto the street? I turned 27 today, I don’t have any Children I have to take care of myself but all I can think of is how detrimental this has to be on kids, So Much to the point where the next Family with children I hear about facing the threat of eviction in my area I hear about I’m going to get as many friends I can and we’re going to take on the sheriff and any crooked banker willing to be so cruel it’s just a DAMN SHAME more of you aren’t with me.
Just got back from the County Clerk. New Century Mortgage never transfered the security instrument. What do yo think the best next step would be???
I’m in NY, you can contact me at carolankk@gmail.com
Karen
what state are you in? I know several of us who are New Century victims.
What was date of your closing with them?
Did you know that you can still sue New Century up in their bankruptcy in Delaware by doing an AP?
how can I contact you?
Jeff Why don’t you ask Richard Fine how that Appeals process is working out. Judges are the ones we have the least power over the more that they hold bench instead of Jury Trials the more that they Rob the Power from the People.
Although I have spent many months reading this and many other blogs for insight, I am just about to begin my crusade…. My original loan was with New Century, the house was awarded to me through divorce. The house was in my ex-husband’s name only. I knew that I would never be able to finance the house because of my credit (a single Mom of 6). A broker said she can get me a loan…. what?? They appraised my house for #360,000.00 (although I tried to sell it for over a 2 year period and the offers were for less then the mortgage) so all the title papers read a Sale but the mortgage documents reflected a refinance… Of course I questioned how is it that I can refi when I do not own the property… I was told this was the easier way to just sign the papers and not to worry.
Carrington bought the loan. I was laid off in 8/08 and immediately informed them of my financial status. I was told its not their problem, get a job. Of course I fell 3 months behind only collecting unemployment. In 1/09 I received a letter in the mail congratulating me, they modified my loan without discussing it with me. My payments went from $2,100.00 to $ 2,600.00 and the principle went up to the original loan amount after 4 years a making payments.
I was able to pay the mortgage with my income tax and depleting my annuities… now at $0, through 8/09. Knowing this was the end I learned of Hamp.. and applied. Made 3 trial payments and then received a letter telling me to continue making the trial payments. I refused, the contract read three thats what I gave, while the bills piled up, now a month behind on everything and at times unable to put food on the table to make the payment of $1,900.00.
Carrington called Wednesday evening an informed me of my permanent mod. $1,900.00 a month, principle now up to $220,000.00 original loan was $215,000.00, so now five years and no dent. Every time I asked a question all I heard was I don’t want to argue about this……. Not arguing… This is my right…. He then told me he was assigining a Notary for my signature. I refused the Notary and asked him to email the documents for attorney review… 3 days later and several requests for docs… and I still have not reieved them, although, hey he was kind enough to give me til Monday for an answer. The manager told me to go flip burgers. I responded, great so you will modify my loan to the $190.00 a week take home affordance????
I won’t sign the docs, the Notary called and he offered to email them to me. There are two paragraphs in there that I felt were strange. One was referring to MERS and how they have the right to foreclose and so on. The other was stating that within 10 days of signature I would receive other documents to sign inclusing a Note to replace the lost one. Upon siging this modification I hold the Lender harmless for having lost the original Note….. HaHaHa…
Going to the County Clerk Monday… Did a search online… Weird all it says for my property is that I am the owner it was sold to me on 4/05 for the amount of $0.00……. Looking forward for the results some Monday morning.. Wish you all the best of Luck….
My earlier post was to explain I hired “US Loan Auditors” who demonstrated on television they were going after mortgage fraud and stopping foreclosures. I was in search of a lawyer who covers this area. It turned out they were a lawyer referal service collecting upfront fees. So they were acting as in my opinion “Forclosure Consultants” violation of CA civil code 2495-2495.11
They did nothing. As my aucton date came and went. They made excuses and did nothing. So I filed a complaint with the District Attorney in their county.
With no one else, I went to my local District Attorneys office for help. My earlier posts explains her actions. I really thought she would be there. She said she could’nt stop the foreclosure. So I gathered all the information I could from here. I was running out of time. I had no intentions of going Pro Se. I still don’t . But I can’t monitor or cipher the false lawyers or groups that do nothing.
I took on Ford since my truck and tools in 07 burnt to the ground even after the crusie- control recall was fixed. No lawyers would help. No personal injury. No money. So I went to small claims and I sucked. Lack of evidence. How do you obtain evidence with a pile of ashes?
But in my earlier posts I listed my defenses. Even when I asked to see the certified deed from the auction sale. I was ignored. I explained, “How am I to know that my home was’nt just quit claimed over to the new bank owner.” I was ignored. It seemed everyone was in a hurry to get me to shut up. They answered to and look over nothing. It felt predetermined the judge was going to say time has lapsed. So I sucked again.
Now guys say its worthless to talk with my congress person. So now I’m calling another lawyer. But if I’m pressed on days & time. What form do I ask for to appeal this Unlawful Detainer. Those ladies at the window get angry if you don’t know what your doing. I will use any advice or direction from anyone on who to call now or what to do.
I have been taken by a mortgage rescue scam. And now I’ve been taken by this affordable US Loan Auditor/lawyer savior dribble. I’m not going to lie and say I can finance representation up to $100,000. I’ve been here with all of you since around June. And I have no argument over lawyers and judges. But with a falsified loan app. without my signature which I had to go retrieve and missing filed docs the D.A. does’nt know where to look. What else can I do?
Get real, Who is the beneficiary in all this …..The lawyers. Without cooperative lawyers the banks cannot continue. It doesnt matter what the home owner does …he pays win or loose. Doesnt matter what defence he may use. It all goies straight to summary Judgement. Its a boys club I left many years ago. Most Laywers are pirates and they are supported by their own society. If it wasnt the case then why to practice do you have to belong to The society. Who hands you the licence to practice ‘ the society ‘ . Its all about controll. Its a club and only you can change it. So stand tall and ask you friends to make some monumental changes to the way they practice……Im sure you will be in the cold in a very short time.
Once again……so close but missed the mark.
Neil’s opinion that the judges may be interpreting the laws wrong is probably correct. Having said that if a Judge does rule incorrectly our system has a process. The constitution was smart that way. We have Courts of Appeal across the country. This is where you can go when the Judge rules the wrong way.
And due to the fact that a judge MUST avoid even the appearance of impropriety I find your claim of people lobbying judges dubious.
Judges do not have a stake in the game the way you assume. Anyone who thinks they do should try and prove it. Not very difficult to have a judge removed (unless of course its an appointed judge) if you can show impropriety on their part.
Change the law and the courts will follow. If you get a bad result you can appeal.
Lets place the blame where it belongs. Banks, their lobbyists, and Congress ( State and Federal Level).
First of all the mortgagor needs to take responsability for even signing the contracts that are presented to them.
Having said that, the creeps that created the legislation that backs the fraudulent documents up are generally laywers.
They wrote the contracts and their buddies in congress passed egislation to fit the problem. How cute. Now the very same laywer that created the problem have now created a business around the very thing they made a fortune off. Litigation, now defending the banks actions, a nother fortune is to be made.
The judiciary could easly put a stop to this whole mess and say enough is enough..Are they not there as adjudicaters ..Not lawyers,they should not be practicing law from the bench and making determinations. Yes and I understand what Mortgage means (dead pledge) so you go to court NO ONE hears your argument ..You are dead! So realy lawyer step up to the plate and demand common law justice, after all defendant, plaintif, judge are all in the same club. Doesnt matter what side of the fence you are on…You still get paid. its all about $$$$$
Jeff while I won’t argue that everyone in congress needs to get kicked out and lobbying abolished do you think that judges don’t get “lobbyed”? Moreover if judges did enforce the law as it is written this would not be happening to families even Neil has said that judges aren’t appying the law correctly, so for the most part your argument is frivolous. judges are supposed to enforce the LAW as it is WRITTEN & NOT MAKE IT UP AS THEY GO ALONG!
There seems to be a growing trend of people expressing anger and derision with Judges for the decisions they hand down.
Sadly this is placing the blame squarely on the WRONG people. Judges must enforce the law as passed by the legislature. It is the members of Congress (FED and STATE) who should be hearing the anger. They are the ones OWNED by banks. They are the ones who sit with lobbyists and plan how to take your homes away. A Judge must follow the law. Yet when we don’t like the outcome we blame the Judge.
The issue is no longer one of Republican or Democrat. It is not an issue of “activist” judges.
The real issue is that all corporations (I specifically single out the banks, but tomorrow it could be insurance or pharmacuetical industry) and their lobbyists have BOUGHT the votes from the only people who get to vote.
YOUR STATE AND FEDERAL CONGRESSMAN NO LONGER REPRESENT PEOPLE!!!!
ELECT OFFICIALS WHO WILL IGNORE SPECIAL INTERESTS. VOTE TO MAKE LOBBYING ILLEGAL. MAKE CONGRESSIONAL SEATS BE VOLUNTEER POSITIONS. ELECT OFFICIALS WHO REPRESENT PEOPLE AND NOT CORPORATIONS.
PLEASE TRY ANY OF THESE!!!!!!!!!
But stop blaming the Judges and the Lawyers. We do not make the policy. We do not decide which business will get to “BUY” the vote.
Judges must rule based on the law. If you don’t like the ruling VOTE to change the law.
Lawyers are the only ones left fighting the banks. I know everyone hates lawyers, that is until they need an attorney.
It isn’t Lawyers that make law. Congress makes the law and we (lawyers) do our best to make sure everyone plays by the rules. When they break the rule it is the lawyers that call them on it.
Let us all place the blame squarely where it belongs. The 500 pound gorilla in the room needs to be caged.
Left message to speak with Congress person. Anything else? Or just give up?
I feel your pain Steve same thing happened to me we both got kicked out of houses we still legally own. Biased judges in california are the ENEMY!
Oh yes, I’m Santa Barbara California.
NOTHING WORKED FOR ME.
Just got back from Unlawful Detainer hearing. I had “US Loan Auditors” but they did nothing all the way passing the auction date. Sorry M. Sloliman. I should have called you. I contact the District Attorney months ago and informed her of today. She did’nt appear in court. I talked to her after the trial and she said she is still trying find my mortgage docs. The ones that are suppose to be on file for five years under Federal Law. Heck, I was only in this home for three years. Can’t get a search warrent on docs. if no one knows where they are. I tried to show the no response & excuse letter from the QWR. I obtained a copy of my loan app. with false income and without my signature. I even demostated the cases on challenging the Detainer from Timothy McCandless website . I was short on time. I had to do something. So I asked for the certified deed from the auction. And I even address “a subsequent purchaser from a purchaser at a foreclosure sale cannot maintain an unlawful detainer.” They’re attorney had nothing. The Judge never look at my papers. Nothing. She said time has lapsed. GET OUT! Sorry guys I tried.
I’m a General Contractor in Calif. but what’s the point there’s no work. I do’nt have between $5,000 and a $100,000 to pay for represention to play their game.
All I asked for was a simple explantion as to what happen with my loan and this where it takes me.
I need an attorney that gets it in Hudson Valley, NY….
I live in Oregon and I’m not in foreclosure but decided to do a pre-emptive campaign against the banks.
In March 2009 we asked Americas Wholesale Lender (CountryWide) via certified mail to view the original notes that they hold and we make payments on. They replied that in order to obtain the Original Note we need to refer back to the closing agent which was Lawyers Title Insurance Corporation.
In April 2009 we forwarded the above response to Lawyers Title Insurance Corporation and asked to view the original notes. They replied they no longer hold the original documentation and that the Lender collecting the payments, in this case Americas Wholesale Lender (CountryWide), would have them.
Now that BOA bought countrywide we sent the above to them and asked to see the note. They have not responded nor do I expect them to.
I want to file suit to do quiet title but cant find a competent attorney who has any knowledge on this whatsoever. The conversations I’ve been having with them have been sadly laughable, I cant believe these people practice law.
any suggestions?
thanks
thanks
It’s hard finding a lawyer that “gets it” in Washington State. The one I’ve got recommended to me is very very busy. Nevertheless, I’m trying to get him interested in my case.
Is there a legitimate alternative to lawyering up at first and taking chances with a judge?
Please, everyone, understand my request here, as I posted under “General Tactical Considerations” and will re-phrase here again. If I am wrong, please tell me why so I can just do the lawyer/lawsuit thing.
There are a handful of people (non-lawyers) who claim to have a “Non-Judicial” method of beating
foreclosures. I’ve talked to the two guys local to the Seattle area and I am quite sure they are not con artists. I’ve watched these guys shutdown foreclosures in a single day, and keep them shutdown for 6 months now. Shutdown cold-seriously.
Their method is basically outlined at no4cloz.org.
Here’s my interpretation of why it works. It’s not my method, this is just my observation, and I am probably missing something. PLEASE REPLY TO THIS POST IF I AM MISSING SOMETHING OBVIOUS HERE.
Here it goes:
Basically, the U.C.C. is the governing law for commercial transactions, and this includes all of our notes.
As I understand it, all the claims of illegal securitization discussed on this web-site are primarily illegal because they violated specific U.C.C. laws. Yes there’s RESPA and TILA, but I think these are secondary and trivial compared to the power of UCC. Especially when you google around “holder in due course” – nobody really cares if you were defrauded up front – that’s not the current note holder’s problem.
The real violation is that there’s either no note holder, multiple note holders (they photocopied it and sold it several times), or the noteholders were paid off 1X or many X with a Credit Default Swap, in which case, your note was paid and you don’t owe it any more.
Check out Wikipedia under “Law”, “Commercial Law”, “Uniform Commercial Code”, and-especially “Offer and Acceptance” for background.
When the bank sends a Foreclosure notice, you reply with a “Conditionally Acceptance upon Proof of Claim” which requests in affidavit form a proper accounting and paper trail of the note, and a bunch of other things. Reading about “Offer and Acceptance”, this does NOT make a counter offer, simply binds the bank into validating their debt. They MUST answer this per UCC within 10 or 20 business days (I can’t remember).
The guys out here have never had a valid response, because ACCURATELY validating the debt would expose the various securitization frauds. No way those wall street guys are going to let out the back end information.
THEN you counter claim for treble damages, since they’re basically admitting fraud by their lack of providing the accounting. You file progressive UCC-1 claims against the bank as a debtor for the “collateral”, which is your house.
Of course, all of this is done with Notaries and the Secretary of State, and the claim is “Perfected”.
Google ‘Perfected Claim UCC’ , or better yet see Mish’s post here:
http://globaleconomicanalysis.blogspot.com/2010/02/california-banker-on-business-loan.html
Yes, this is what bankers do to take things from people. Why not do it to them?
Now, I should say I have yet to see any of these guys get a clean title to a house, just shutdown foreclosures. Both say they’re weeks away from getting a clean title, but they’ve been saying that for months now and it hasn’t happened. So I’m still not convinced it’s the right way to go for my scenario. I am afraid that I’ll be losing some sort of future option by going down this road instead of conventional lawyering.
Have I made this dilemma clear? If this method works, or could be made to work, then who needs the judges and all the uncertainty? Even the lawyers could all go into mass-production using this method and gain much more steam. In fact, what I really want is this non-judicial method implemented by a lawyer holding my hand through it and being there in case something misfires. I have yet to find a lawyer who can comment either way on this though. Please everyone, validate, or dismiss this methodology so I (all of us?) can move on accordingly.
Looking for an attorney “Who Gets It” in Idaho. Any referrals?
Thanks Ann!!! More good news!!! Mr. Donald did it again today in Greensboro, NC. Foreclosure sale was scheduled for this morning, March 11, 2010, and based on Mr. Donald’s argument, the judge stopped the sale until oral arguments can be heard in this case later this month!!!! This attorney knows his stuff.. he exposes the fraud… he’s passionate in fighting for the homeowner, and is getting good success. Please send me an email if you have any questions: ankardev1@aol.com or call: 917-526-6556
floridadefenseteam@comcast.net
The Latest Bank Con: The Summary Judgment Bluff
In the card game of poker, a bluff is a bet or raise made with a hand which is not thought to be the best hand. To bluff is to make such a bet. The objective of a bluff is to induce a fold by at least one opponent who holds a better hand. The size and frequency of a bluff determines its profitability to the bluffer. By extension, the term is often used outside the context of poker to describe the acts of pretending to have knowledge one does not have and making threats one cannot execute – Wikipedia
And such is the latest con job with the banks, pretending to have the better hand and the better case,
hoping to bluff the trial court into thinking – “Just sign your name (your honor) and lets move along, not much to see here.
The sharper homeowner is far too wise to get conned into believing this pretend hearing has any merit and has built her fortress of defenses around her case and has presented Opposition Papers and Affidavits in support thereof, thus calling their Bluff. Reluctanly opposing counsel will smell defeat, your honor smells reversible error, and the SJ Hearing mysteriously gets cancelled.
New York Attorney STOPS foreclosure sale 30 minutes before scheduled sale at 11:30 am on Tuesday, March 9, 2010. Also, in February, another Judge cancelled Sale completely (after sale date was previously scheduled) and vacated his own judgment after same attorney argued on an Order to Show Cause that plaintiff did not have standing; US Bank NA could not prove proper chain of assignment showing ownership of the homeowner’s property. Mr. Donald argued that a fraudulent assignment had been recorded at the City Register. This attorney is running rings around the bank’s lawyers! His name is Farrel Donald, Esq. Call his office at: 646-626-3338 OR 917-526-6556
Oscar – I know of one in Destin Florida that has been very good and has been through the April Charney courses, etc.
e-mail me and I’ll send over his information to you — slandmarks@aol.com
Information about April’s March 6 seminar can be found here – http://www.icls.org
April’s materials change with every seminar she puts on. The event on March 6, 2010 will include, for the first time ever, materials covering CA law. I encourage EVERY CA attorney who can to attend. It took close to 2 years to make this event happen. I’ll be there and I hope any CA attorney who comments here will also attend.
Let’s help each other.
FREE APRIL CHARNEY AND OTHER FORECLOSURE DEFENSE MANUALS
E-mail me at ocean11@the-beach.net
Does anyone know of an attorney that “Gets It” in the Central California area ?
Thanks !
Does anyone know of an attorney that “Gets It” in the Pensacola / Escambia Florida area?
Are their any Lawyers that get it in Northern CA, the Sacramento, Stockton Area?
floridadefenseteam and Ann,
Thank you both very much for the responses! I will reach out to both tomorrow.
Regards,
Steve
Any Attorneys in South West Missouri that you can recommend?
Thanks
James
Steve D,
My Florida Foreclosure Defense Lawyer is Dillon Graham Esq Tel 305-445-9185. He is a prominent Trial Lawyer , he attended to April Charney seminars and others foreclosure defense seminars. He is familiar with Neil Garfield foreclosure defense strategies. Mr. Graham is devoted to defense Homeowners and his fee is reasonable . Free 1 hour consultation
Steve in Martin County Florida -
I take it Judge Metzger presiding? We can help you as a pro se litigant – you can call us at 772-403-3897.
Thanks,
Florida Defense Team
I’m in Martin County, FL – Any suggestions on lawyers in my area?
Steve
April Charney is presenting her foreclosure defense seminar on March 6, 2010 in Ontario, CA. Details can be found here: http://www.inlandlegal.org
Attendance is limited to licensed attorneys or their staff attending with them.
But he’s Still A TROJANofcHoOuRrSsEe
whoops scratch part of number 2) he attended UCLA not USC
The Full Court Press
floridadefenseteam@comcast.net
As you should be aware the FORECLOSURE MILLS budget about $2500-$4000 per foreclosure, including costs. To the pro se litigant using only a single (trial court) to defend your foreclosure is the equivalent of playing checkers when chess is required. Bad rulings by country club judges should be swiftly challenged by his or her local appellate court superiors at every possibly non final order – thus in turn gaining significant advantage in running up additional expenses to the mills and by getting the jurisdiction moved to the appellate courts prohibiting final ruling.
If properly played, Federal Courts complaints should be filed simultaneously to the state courts as the entry level attorney’s at the mills will no doubt violate the TILA RESPA etc. by not responding timely to the QWR’s, FDCPA validation, etc. Again appellate courts can be strategically used to stay bad Federal rulings thus creating a perfect storm of massive tieups while spending them into oblivion. The piece de resistance
can be used as a final crushing blow, prejudgment, as Bankruptcy courts do allow adversary proceedings,
challenging everything from lien avoidance, to standing, etc. while investment property can be crammed down to market value, amortized over 59 months w/balloon, thereby leaving the attorney fees unsecured and uncollectable.
Hey Kop U know that Title of Nobility on the end of your name will strip you of your citizenship under the Real 13th Amendment Ratified 1819
here’s some interesting dirt on that District Court Joke Cormac J. Carney for the Central District of California
1)the company which he currently holds a mortgage on his house in Laguna Niguel is a Netherlands Corporation but it buys FHA loans (another trojan horse/foreign investment scheme)
2)Civil suits aren’t the only cases which he disgraces the law with his judgments in a Federal Criminal/Civil Case Broadcom co-founders Henry Samueli & Henry Nicholas were facing a laundry list full of charges from Federal prosecutors, Samueli admitted to a guilty plea in court to all the charges and Joke Carney set it aside, reprimanded Federal prosecuters for “harrassing” Samueli and Dismissed All pending charges against him and Nicholas(this prick’s trigger happy with dismissals). One problem with all this, shouldn’t the fact Samueli was an engineering instructor at USC at the Same time Carney attended school at USC and was even a small time football star for the USC Trojans(go figure)and Nicholas went there too but not at the same time, all these co-inkidinks are close together enough for comfort to call for a recusal… but nope not even a word or argument from federal prosecutors
3)In a economic espionage case against a Cinese Spy Dongfan “Greg” Chung who had been stealing NASA Space Shuttle secrets and had been passing them to China for over 30-years was only Sentanced to 15 years by Carney
Some One Needs to Tell this guy that all that grab ass sportsmanship behavior belongs on the football field NOT in a Court of Law. I Guess there is no such thing as a Court of “Competent” Jurisdiction Anymore
Presently, “cramdown/lien stripping” has been limited to Chapter 13 cases; the analysis of the NY may, if accepted in our California and other Bankruptcy Districts, may provide the legal basis to “strip off” wholly unsecured junior liens, such as HELOCS in Chapter 7 and Chapter 11 cases.
This would have profound significance in the development of new and more powerful weapons in the War Against Foreclosures.
http://www.nyeb.uscourts.gov/opinions/dte/300237_37_opinion.pdf
_________________
Steven K. Kop
Attorney at Law
(310) 721-8557
Does anybody know an Attorney in Lake County, Indiana “That Gets It”. I thought I saw an article or post by a female attorney from Merrillville, Ind.
If so, email Gary Goldman
goldrush2@comcast.net
J. Suggs,
The best Foreclosure attorneys in Ohip are Dan McGookie and Trey Hardy III.
Tray hardy Mcgookie law (trey@treyhardylaw.com)
Here is Trey’s email:
J. Suggs,
The best Foreclosure attorneys in Ohip are Dan McGookie and Trey Hardy III.
Here is Trey’s email:
UCC weapons:
Article 9
9-210 (Request for accounting)
9-625 (remedies)
http://www.law.cornell.edu/ucc/9/article9.htm#s9-210
Steven K. Kop
Attorney at Law
(310) 721-8557
bluejaylaw@gmail.com
CA Code of Civil Procedure 726 and sections 580a – 580d limit the actions a foreclosing lender can take. There is a growing view that the acceptance of payments by a lender or servicer AFTER the filing of a Notice of Default constitutes EITHER a cure of the Default OR a choice by the lender/servicer to take the payments IN LIEU OF a non-judicial foreclosure. I do NOT recommend anyone try to use this approach in litigation without a licensed attorney helping. The Security Pacific National Bank v. Wozab
51 Cal. 3d 991 (Cal. 1990).
Looking for lawyers in Texas (Dallas if possible) and Washington State.
Thanks
Greg S
myhousefreeandclear@gmail.com
214 810 2232
THE SUPREME COURT IS A JOKE, THE 1ST AMENDMENT IS FOR THE FREEDOM OF SPEECH NOT THE FREEDUMB OF $PEECH. IT’S NO LONGER A FREE COUNTRY OR A DEMOCRACY WHEN THE MINORITY FINANCIALLY ENSLAVES THE MAJORITY OUR NEXT AMENDMENT SHOULD PUT AN END TO THIS UNELECTED AUTHORITARIAN JUDICIAL BRANCH OF GOVERNMENT AND GIVE THE POWER TO HAVE CASES TRIED AMONG PEERS BACK TO THE PEOPLE WHERE IT BELONGS!!!
I am a licensed attorney in Kentucky, and I attended the workshop in FL on November 2, 2009. The list of attorneys who “get it” has not been updated since September. If you update it in the future, please add my contact information.
Regards,
Michelle Drimmer
mdrimmer@hotmail.com
not possible if all americans contribute to the programming, point being we need judicial accountability Tragic Example Deadly consequences: 2 Southern California Judges rejected mom’s bid for restraining order. Ends in Murder Suicide with the boyfriend killing himself and their 9-month-old son http://hidesertstar.com/articles/2010/02/08/news/doc4b6d247ecb7a5449445741.txt
My Heart goes out to the mother who did everything humanly possible to prevent this horror
No, because the banks will just buy out the programmers.
The Only Chance for ANY Fair Unbiased Judicial Society is REPLACE ALL JUDGES WITH COMPUTERS!!!! simple enough?
Kevin,
I also live in Las Vegas. I am actually suing my lender for the exact same issue. I have a mediation meeting set for tomorrow that the judge ordered us to go to. Countrywide and Greenpoint are the lenders I am dealing with. Greenpoint owned the note and Old Republic (Trustee) sold the house and gave it to Countrywide by credit bid! The only NOD that was filed named Greenpoint as the Beneficiary. Then a whole month AFTER the foreclosure sale they filed the assignment of Beneficiary concurrently with the Trustees Deed to Countrywide. My position is that this was fraud. Countrywide did not have the authority to foreclose on my property because they had not yet received the assignmnent of interest from Greenpoint until a whole month after the actual sale. Old Republic gave a credit bid and gave the house to Countrywide when Greenpoint still legally owned the Trust Deed. Call me 702-415-8340. Call me ASAP. Like I said I have mediation set for tomorrow and a status hearing in court scheduled for Thursday.
Anyone know of lawyers or people that are familiar with foreclosure process in Australia or New Zealand that get it. Much appreciated
Kind Regards Robert
Hi Keven
I am sorry to know what the banksters did to you I
cannot give you legal advice I AM NOT AN ATTORNEY
I know one in New York Farrel Donald 347-278-2509
First things first:
1. Look at the assignment of your loan in the public record
(I can tell you it is a fraudulent document)
2. Look at the paper trail of the securitization of your loan
on the website of the Security and Exchange
Commission: they do not match = fraud
3. They have no standing: (i) no original mortgage
showing an unbroken chain of assignment of
ownership of title and (ii) no original note showing all
the required endorsements
4. No competent fact witness testified
5. The above cannot in any form shape or fashion be construed as legal advice you must do your due diligence
Emmanuel
Hi
J. SUGGS,
I live in Las Vegas, NV. and I also have a problem that I’m trying to get help with, (if I can ever find somebody can/will help me) regarding needing to file a lawsuit against U.S.BANK N.A., and Chevy Chase FSB. Both banks are stamped on the back of thier copy of my Note as follows; PAY TO THE ORDER OF U.S.BANK N.A. AS TRUSTEE / W/O RECOURSE TO Chevy Chase FSB, (the lender on the front of my Note). On Jan. 4 2010 10am Chevy Chase FSB and TD Services (assigned as Trustee) had a sale date set for my house. On Jan. 4, 2010 10am, TD Services postponed the sale until Jan. 6, 2010 10am. On Jan. 5, 2010 10am (w/o notice) TD Services sold my house at auction, to the Foreclosing Beneficiary (U.S.BANK N.A.)
Now U.S.BANK wants to know what I plan to do. If I plan to move or fight the sale. I’m must fight, BUT I need help.
Maybe if everybody who has issues with, U.S. BANK N.A. as Trustee, CHEVY CHASE FSB as Lender, MERS as Beneficiary (nominee for the Lender), and TD Services as assigned Trustee, combined facts to fight these banks, maybe we can all win.
Side note.. my DOT has a Vikki Parry as Trustee, the back of thier Note has- PAY TO THE ORDER OF U.S.BANK N.A. AS TRUSTEE / W/O RECOURSE TO Chevy Chase FSB, and the Trustee sale was done by TD SERVICES as Trustee…
I PRAY SOMEBODY WILL HELP US, even if only it’s only to tell me how and where to procceed.
They even filed a proof of claim in a pro-se BK case (BK case was dismissed) with the Chevy Chase FSB, instead of U.S. Bank N.A.
I’ve other comments on this site, with more info, see “Letters and Notices”.
ANYBODY WITH ANYTHING THAT WILL BE OF HELP, PLEASE CONTACT ME, A.S.A.P.
Our Thanks to everyone who acn help us.
Kevin.
Still trying to find attorneys that get it in Ohio, Michigan, and Arizona. Please call 520-940-1399 or email morgantylerleigh@yahoo.com.
I have Foreclosure Defense Training Manuals and pleadings to share. Hope these info. will be helpful whether you defend your home Pro Se or hire a lawyer. A well informed Homeowner has more chance to win .
If you can’t find a good and affordable lawyer in your area, select an experienced Trial Lawyer and show him the Manuals. He’ll learn fast and he may give you a deal to help you to defend your home. My Florida Foreclosure Defense Lawyer is Dillon Graham Esq Tel 305-445-9185. He is a prominent Trial Lawyer , he attended to April Charney seminars and others foreclosure defense seminars. He is familiar with Neil Garfield foreclosure defense strategies. Mr. Graham is devoted to defense Homeowners and his fee is reasonable . Free 1 hour consultation .
E-mail me at ocean11@the-beach.net
Couple of reasons why the ENTIRE Government needs to be removed, reformed and replaced
House Orders Three Elite G550 luxury business Jets $200 million
http://www.rollcall.com/issues/55_19/news/37552-1.html
Secret Senate lavish capitol hideaways Exposed
For all 100 U.S. Senators, many of them with private bathrooms, fireplaces and fancy accessories. $621 million
http://www.judicialwatch.org/blog/2010/jan/secret-senate-hideaways-exposed
While those are just 2 of the government on capitol hill’s tickets that is payed for by the theft of all of our Homes YOU CAN BET YOUR SWEET @$$ THAT OUR STATE, LOCAL GOVERNMENT & JUDICIARIES ARE DOING IT TOO
“Chase sold my home with no notice in the middle of a loan modification. I am in Michigan. i can’t find a decent attorney who knows what he’s talking about to handle my case. Can anyone recommend anyone?”
I should have given my email. It’s legofan4@gmail.com
Chase sold my home with no notice in the middle of a loan modification. I am in Michigan. i can’t find a decent attorney who knows what he’s talking about to handle my case. Can anyone recommend anyone?
Today I was in bed and for the last two day I think i give up didn’t no what do any more but wait for my court dated to come.
about 12.00 pm today I am going to call this a miracle my lawyer call me told me to Look over the email she send me and to see if I was ok with it and then go make copies an go file it with the court, I call back and said yes. I didn’t have the time to look over the entire documents we were going to file because of the time. Not until I got home I look over the documents my god every that I was saying from my credit being tamper and the loan too. No one believe me back in 2006 and every that said she did it she had all the informant that show what these people did it all on paper she did great I don’t know what say but went we go to court there no way they can get out this .There so much that I can say and we will see soon and I will let you no. Just when I though I was going lose my lawyer is the one. I no it not over so please a reminder hope and miracle happen and to those who believe in them /
PS you will not hear from me in till after court
2-10 – 10, 2.30 pm Hayward ca Dept 516
you are all welcome
Nick
Alameda ca
Hello Everyone
I live in Cleveland ,ohio ,I have been trying to find an attorney for 2 years now that gets its but no luck
so i have filed a lawsuit against U.S.BANK N.A. as Trustee in Federal Court ,i beleave that i have landed in the good old boys sup here, if any one know of an attorney thats ready,please email me soon
thx
DyiDyingTruth,
You no what I been there and done it and with my case I took it to court three year now, then I hire a lawyer five months ago that did noting for me but put me in the line of fire, I am one step from wining and taking on these high pay lawyer In ten day I go to court right now it dose not look good because my lawyer didn’t do her job and she withheld informant from me. That why you need to listen. what I am trying say is never give up and if I lose we all lose and hope every thing works out for every one that here. But one thing I will tell you with all the support and comment s that I had in last three year from people from our county state, want say thank you all. And for the last I hope to god a miracles happen and to those who believe in them.
Thank you
Nick
Alameda ca
Note: I say this with respect two all lawyer because I no there is a lots of good ones, that why were here but there is always bad ones too
Ohhh you guys gotta see this, “The Missing/Hidden 13th Amendment”
http://www.apfn.org/apfn/13th.htm
mb no I actually don’t receive retirement income(FYI) I’m a 26 year old who practically raised myself, learned everything from trial and error, who has been trying to right the wrongs done to my vietnam war vet mentally unstable father that has been working for the us postal service for 25 years, caused by crooked brokers, lenders, salespersons, attorneys, judges, clerks… who all took advantage from undue influence got us evicted forced to stay in a roach infested motel, making me do whatever i can to make it possible for my father who deserves to retire who right now can’t afford to. SO EXCUSE ME FOR SHOWING PEOPLE HOW “OFFICERS OF THE COURTS” LOOK EVERYONE ELSE WHO BLEEDS LIKE THE REST OF US LESS THAN HUMAN. but I wouldn’t expect any compassion from somebody like you who appears to be sitting around waiting for the answer to fall in thier lap… here’s an idea EDUCATE YOURSELF or ask questions if you need help with something specific, but don’t expect to be spoon fed all the answers automatically when problems arise
jesus “dying truth” and others, seriously did you ever hear the expression
Think about it what are you reading here every one here is seriously asking for help you must not be.
Thanks for the expression
jesus “dying truth” and others, seriously did you ever hear the expression “brevity is the soul of wit”? can’t you summarize your points and email each other with the long briefs? you must receive retirement income and just think everyone else finds this so fascinating and wants to spend hours reading it. This post is bogged down by overlong entries. can people confine comments to useful info of GENERAL INTEREST? edit the drama and spare others your long, boorish tirades
Remarks of Judge Seymour D. Thompson in an address before the Bar Association of Texas in 1896 (30 Am. Law Rev., 678).
1896 — After referring to many cases in which the court had exercised authority beyond their rightful powers, he thus sums up, in language which reproduced below for its intrinsic power. Judge Thompson said:
There is danger, real danger, that the people will see at one sweeping glance that all the powers of their governments, Federal and State, lie at the feet of us lawyers—that is to say, at the feet of a judicial oligarchy; that those powers are being steadily exercised in behalf of the wealthy and powerful classes and to the prejudice of the scattered and segregated people; that the power thus seized includes the power of amending the Constitution; the power of superintending the action, not merely of Congress, but also of the State legislature; the power of degrading the powers of the [ 19 ] two houses of Congress, in making those investigations which they may deem necessary to wise legislation, to the powers which an English court has ascribed to British colonial legislatures; the power of superintending the judiciary of the States, of annulling their judgments and of commanding them what judgments to render; the power of denying to Congress the power to raise revenue by a method employed by all governments; making the fundamental sovereign powers of government, such as the power of taxation, the subject of mere barter between corrupt legislatures and private adventurers; holding that a venal legislature temporarily invested with power may corruptly bargain away those essential attributes of sovereignty, and for all time; that corporate franchises bought from corrupt legislatures are sanctified and placed forever beyond recall by the people; that great trusts and combinations may place their yoke upon the necks of people of the United States, who must groan forever under their weight, without remedy and without hope; that trial by jury and the ordinary criminal justice of the State which ought to be kept near the people are to be set aside and Federal court injunctions substituted therefor; that those injunctions extend to preventing laboring men from quitting their employment, although they are liable to be discharged by their employers at any hour, thus creating and perpetuating a state of slavery. There is danger that the people will see these things all at once; see their enrobed judges doing their thinking on the side of the rich and powerful; see them look with solemn cynicism upon the sufferings of the masses nor heed the earthquake when it begins to rock beneath their feet; see them present a spectacle not unlike that of Nero fiddling while Rome burns. There is danger that the people will see all this at one sudden glance, and that the furies will then break loose, and that all hell will ride on their wings.
10.00 am and still noting from my Attorney this is not right it is bad enough as it is If any one could give some suggestions please call 510 -472-0967 or 355-7727 or email nick_ramirez77@yahoo.com
nick,
Please call me on 540-687-0004 and sent me an email at I will give you some thing so that you can save your skin from these inposters
: January 28, 2010 10:47 PM From: “Nick Ramirez” Add sender to ContactsTo: “XXXXX”
I spoke to you on the phone today about 3;00.pm requesting copies of the Motion for Summary Judgement filed by Argent, and Interrogatories and all Motion to Compell. I told you I need this ASAP so I can respond and file with the court on time you said that you will scaned them tonite that why I call you back to see if I can pick them up at your home. you are aware time is running out you have already put me were it can cost my case as my attorney you have made this case harder for me you have done noting you said you were going to do from the beging or the court told you to do and you have insult me from the beging and while I was working for you and to put these remarks about Debbie that had noting to do with any thing in this matter you were way out of line you should have known better as attorney that is unprofessional. It is now 10.00 pm.
: January 28, 2010 10:47 PM From: “Nick Ramirez” Add sender to ContactsTo: “XXXXX”
<
I spoke to you on the phone today about 3;00.pm requesting copies of the Motion for Summary Judgement filed by Argent, and Interrogatories and all Motion to Compell. I told you I need this ASAP so I can respond and file with the court on time you said that you will scaned them tonite that why I call you back to see if I can pick them up at your home. you are aware time is running out you have already put me were it can cost my case as my attorney you have made this case harder for me you have done noting you said you were going to do from the beging or the court told you to do and you have insult me from the beging and while I was working for you and to put these remarks about Debbie that had noting to do with any thing in this matter you were way out of line you should have known better as attorney that is unprofessional. It is now 10.00 pm.
,
: Thursday, January 28, 2010 10:54 PMFrom: “Nick Ramirez” Add sender to ContactsTo: ” <XXXXX
I need you to send me copies of the Motion for Summary Judgement filed by Argent, and Interrogatories and all Motion to Compell. I need this ASAP. If you are not going to respond then I have to.
thank you
Nick
The reason I am posting is because we have so hard and so close and to my attorney put me in the line fire is right and soming need to be done
SEND HER THIS EMAIL TODAY
NICK,Ramirez PART 2
on October 15th, 2009 at 8:49 pm Said:
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
NICK, on October 15th, 2009 at 8:49 pm Said:
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
Quiet Title Actions
Lenders as the moving party do so based on status quo in a foreclosure. The fact is they know borrowers are on a correct path but will none the less fall short in there presentation of a defense and there ability to construct appropriate arguments.
A pro per needs to consider some advisement and this awesome tool is just that . . . awesome. I am recommending our CA attorneys consider this option more and more and for a good reason.
Lenders, I opine lack substance and fail to show any standing when arguing a non judicial foreclosure action where they violate their right to “accelerate” in a power of sale and matter often heard in a limited jurisdiction. NO DOUBT!
This is judicially verifiable in a subsequent complaint for eviction and it tests the courts tolerances something that is highly diverse and multi jurisdictional.
You will find the law to be straightforward in a claim to Quiet Title action that is governed in accordance with chapter 4 (Quiet Title), title 10 (Actions in Particular Cases) of the Code of Civil Procedure. (Code Civ. Proc., § 760.010 et seq.)
A practitioner in a claim for the defendant in a wrongful foreclosure should get up to speed on a quiet title action where I opine it is appropriate. If the arguments support the lenders lack of standing and whereby counsel can establish the question of title to real property against adverse claims e.g. a rouge trustee recovery and reemerged beneficial interest. . (Id., § 760.020, subd. (a).)
A lender who originates and holds your loan holds all the rights to an “asset” they own. A warehouse lender is the only obstacle in the lenders way and in my opinion is the true holder in due course until the loan or now a “receivable” is transferred. The statutes and rules applicable to general civil actions apply to quiet title actions, unless they are inconsistent with the specific quiet title provisions. (Id., § 760.060.)
Also, Judgments in quiet title actions are governed by article 5 of chapter 4. (Id., § 764.010 et seq.). According to the Code of Civil Procedure section 764.010 that provides:
“The court shall examine into and determine the plaintiff’s title against the claims of all the defendants.
The court cannot enter any judgment by default but will almost always require evidence of plaintiff’s title (multi jurisdictional argument … .hint hint) and may hear such evidence as offered in line with respecting the claims of any of the defendants, other than claims the validity of which is admitted by the plaintiff in the complaint.
Therefore the court will render judgment in accordance with the evidence and the law.” And compelling evidence (standing, transfers and lack of consideration) not hear say (Forgery, Notary fraud and “lost note” gibberish) are critical to succeeding.
More later…..
M.Soliman
expert.witness@live.com
Truth, KarGuy and others .
Who , where, why , you know the drill. Nothing but better than average case results to report and I’ll take them.
First “Nick R” and the emails -Wow! What’s going on here Brother! T M I friend . . . .and vicious name calling!
Brother your attorney is not playing around here ……So let me make this clear. In my view –
GET A NEW ONE! Who is in charge anyway? YOU ARE! Look – fight the fight and never give up, never give in, and remember you’re only a decision away from a win!
Second thing; now this one is in reference to a court appearance last week to testify against Bank of NY. So the Judge walks in and he wants to talk. People I love it. The man who holds your future is feeling a little chatty!
And as this man in black starts to ramble now for 30 minutes as people are snoring, talking too loud and playing Chinese checks. Really, it’s like a circus side show and the bailiff is swinging and flinging people out and the place is still packed.
But Judge makes some interesting points and gave a few gems to the crowd who unfortunately were not listening.
He said “defendants coming in to my court should become aware of the need to provide the opposition with evidential material before hand.
And when you submit it you’re going to find a lot of times I already made my decision in your favor.
But now you’re showing me something you think is important and I have to reverse my original call that was in your favor.”
He goes on to say, “The plaintiff “lender” will also come in to my court and there maybe something non-admissible or something subject to hurt in not helping their case. It may be in your favor. He then says – If I see something the Plaintiff should have not brought into court, YOU will need to be prepared to address the issue and be aware of it.
You must both cite and argue in accordance with admissibility’s. ”
My take on all this was he was referring to (1) get an attorney and (2) The courts limited jurisdiction in a U.D matter of possession. My take has always been let the limits on jurisdiction work for and not against you. It did for me later in the day – Thanks Judge!
More on Bank of NY (small victory), later that day in court and etc….back in a minute here…
M.Soliman
expert.witness@live.com
nick, on January 28th, 2010 at 4:39 am Said:
Mr. Garfield
I need any suggestions My Attorney send this email today motion for summary judgment is scheduled for hearing on February 10, 2010.
As I already informed you, I am unable to oppose the motion 1) the causes of action as plead while you were representing yourself have no merit,
Now this because I didn’t let Argent go and take the $7000 they were willing to give that she said I can give to her.
Note: Me and my girlfriend been fighting this case starting 2007 and file on time with the court and doing a good job going on three years. I hire a attorney in May 2009 give her $3,500 has not provide any she agreed to or done as require by he court or file on time after the first week she told me going withdraw from my case because I was not donig what she want to do and I did have a phone number where you can be reached my phone was off due to hard ship. Also me and my girl friend agreed to work for her filing and work on her house two days after we hire she had a fall out with my girl friend because she didn’t do what she wanted her do my girl friend did the best she could do. Around that time we were not getting along and to top it off my attorney didn’t her be involve in my case or have anything do with it and kick out of my house she was more worry about her than my case and as my attorney how can she say the thing in her email as you will read she has done noting but put me in the line of fire and trail is due this March
One more thing I received a letter from the class action settlement involving Ameriquest and Argent and today I call the administrators and she told me I was in class one and five
I need any suggestions please read the last email so you can read about how ruled she is
Wednesday, January 27, 2010 9:00 AM
From:
To:
“‘Nick Ramirez’” <nick.ramirez80@yahoo.com
Nick,
When we spoke on the phone earlier today, you agreed to put in writing your decision to accept Argent’s settlement offer. (Provided, of course, that the offer was still on the table.) Once again, I am totally perplexed by your email, which includes numerous conditions on the settlement that we never discussed.
This appears to be yet another example of how you agree to follow my legal advice and/or authorize me to act on your behalf, only to later change your mind. I have already explained that it is difficult for me to conclude anything other than that you did not intend to follow through with your decision from the beginning. Fortunately, you (and Debbie) provided me with the unexpressed conditions before I contacted Argent regarding acceptance of the offer. After receiving your email, I do not intend to contact Argent and try to re-open negotiation at the 11th hour after Argent already indicated that it was the final offer.
Responding to each condition separately:
1. An “admission” by Argent that the Deed of Trust is forged is essentially worthless. What I suggested is proposing that Argent stipulate to allow you to amend your complaint to add a cause of action for declaratory relief. Basically, you request that the Judge make a ruling that the signature is forged. You would need to submit enough evidence to convince the judge to so rule. As I explained, this is important because it would force the current owner of your mortgage to pursue judicial foreclosure, without you having to initiate legal action to get an injunction against them.
2. Again, Argent cannot declare anything about the validity of the Deed. It requires a judicial declaration. I also do not understand why you and Debbie believe a distinction between void and voidable has any legal relevance.
3. You are now attempting to add a substantial amount of money to Argent’s offer by demanding all fees associated with the loan. I believe the mediator made it very clear that Argent was not willing to offer a higher amount. Furthermore, the mediator reiterated what I had already explained to you: Argent is confident that they will win their motion for summary judgment, meaning the case will be dismissed without any money judgment against Argent. Argent’s offer, as both the mediator and I explained, is based on the costs and attorney fees that Argent would incur in bringing the motion and completing discovery.
4. This also was never discussed in our phone conversation, and also attempts to add (presumably) significant amounts to the offer by Argent. Again, Argent made it clear during mediation that their offer was the highest they were willing to go. Even if Argent were willing to pay fees as part of its settlement offer, I should also add that it is only appropriate for you to ask for attorney fees that you actually paid. I will also point out again that your apparent belief that you are entitled to completely wipe out your mortgage AND reap tens of thousands of dollars in damages is not supported by any legal theory.
RE: Validity of Forged Deed of Trust
I have discussed this issue with you numerous times, so I am just providing you with the basics, not the detailed explanation I have provided in the past. As I explained above, if the Deed of Trust is forged, the entity who owns the loan would not be able to use non-judicial foreclosure process because without a valid deed of trust they do not have the power of sale. Even if the deed of trust is declared invalid as a forgery, it does not mean that you do not owe money to the current owner of the loan. The present owner would, however, have to use the judicial process to foreclose. Basically, the bank would go to court and ask the judge to give them an equitable lien for the amount that you still owe on the loan, then get the judge’s approval to sell the house in order to pay the amount owing. The basic premise is this: even if the deed of trust is forged, you received a substantial benefit (large loan that paid off your previous mortgage plus $60,000 cash), and you shouldn’t be allowed a huge windfall by not being required to pay the money back.
I have previously discussed several strategies with you. If the new owner tries to foreclosure judicially, you can counterclaim for any wrongdoing on the part of the new owner; any damages you win may offset the amount you owe the bank. (Keep in mind that since you have not given me the notice you received regarding transfer of your mortgage, I cannot be more specific about potential claims or liability of the new owner of the promissory note.) As I also pointed out, if through discovery you find that that the promissory note was also forged, the bank may be able to foreclose or get any monetary award. I have also suggested bankruptcy as a potential option; in a Chapter 13 reorganization, the loan is unsecured and would be paid off in full after completion of 3-5 year repayment plan. Unfortunately, you need to have an income to qualify for a chapter 13. Although you initially seemed to be open to considering these and other options, you eventually rejected my legal advice. I trust you understand how frustrating it is to hear that you trust information you read on the internet over my legal advice.
RE: Future Communications
First let me be frank: I am well aware that Debbie, not you, wrote the email. I am really losing patience with you and Debbie continuing to try to insult my intelligence by pretending otherwise. I have already advised you of the loss of attorney-client privilege, but if you choose to give up the confidentiality by sharing emails with Debbie, there is nothing I can do to stop you. As I also explained, however, you continue to put me in an untenable ethical dilemma when I know that someone other than my client is attempting to make decisions about the case by masquerading via your email address.
As if that were not enough, I previously provided a warning in writing regarding your contradictory instructions about sharing anything about your case with Debbie and the resulting ethical dilemma I have been placed in. Need I remind you of the emails and phone conversations, including references to Debbie as a cunt, bitch, etc., requesting that I provide legal representation to evict her from your home, relating your fear that you will end up in jail because you have been close to strangling her, etc.? Again I ask you: How can I simultaneously maintain your confidentiality and honor your desire to not reveal any information to Debbie because she is using you to get free rent — while at the same time communicate by email to an account that Debbie obviously has access to? We previously agreed that my continued representation was contingent on your promise not to allow Debbie to communicate with me using your name and email.
I also want to point out the irony in your request for me to communicate via email: You have not been responding to me emails despite your promises to check your email daily.
During the mediation session, which was preceded by yet another extended period of non-communication on your part, I indicated that I had no choice but to seek to withdraw from your case. I continued on as counsel of record only because you agreed to accept Argent’s settlement offer.
When you withdrew authorization to accept the settlement, and then refused to respond by phone or email, I scheduled a motion to be relieved as counsel. The hearing is scheduled for February 19, 2010 at 2:30 p.m. in Dept. 516, and you will receive notice in the mail.
Unfortunately, the motion for summary judgment is scheduled for hearing on February 10, 2010. As I already informed you, I am unable to oppose the motion because 1) the causes of action as plead while you were representing yourself have no merit, and 2) you have failed to pay the money promised to obtain evidence to support your claims, including having a mortgage audit conducted, and 3) you still have not provided the documents you promised to deliver months ago. This is not the first time that I have informed you of my belief that Argent will win their motion and be dismissed from the case. Although it makes no sense to me, you are certainly free to give up $7500 and disregard my advice based on your own analysis of the strength of your case.
xxxxxxx
From: Nick Ramirez [mailto:nick.ramirez80@yahoo.com]
Sent: Tuesday, January 26, 2010 3:32 PM
To
Subject: Fw: RE: signature
As I stated on the phone today, I would be willing to settle my case with Argent Mortgage Company, only if Argent agrees to the following terms.
1. Argent must admit that my signature on the Deed of Trust, loan application and all loan documents pertaining to this loan is forged.
2. That the Deed of Trust be considered void (not voidable) and invalid. (this is very important)
3. Argent must refund to me all fees that I was charged in association with this loan including but not limited to the Pre-Payment Penalty with interest. Amount to be determined.
4. Argent must pay all attorney fees associated with this case.
You stated to me on the phone that by Argent admitting to the forgery, the Deed would be invalid, and whoever currently holds the note could not foreclose. My understaning is that only a judge can declare a Deed void. Please confirm this.
I would prefer that we communicate via e-mail, so that I am clear on what we discussed and what I am agreeing to. Also, I am requesting that I be copied on any communications that you have with Argents attorneys.
Thank you,
Nick Ramirez
From: Nick Ramirez
Subject: RE: signature
To: ”
Date: Tuesday, December 22, 2009, 6:24 AM
xxxxx
I will not take the offer from Argent Attorney.
Give me a call or email will be checking let no what next or if there any thing I can do for you Thanks for the advice and good job at the meeting.
If I don’t hear from you before the end of the week hope you have a Merry Christmas
Nick Ramirez
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RE: Please call me about my case
Tuesday, August 18, 2009 5:51 PM
From:
“nick ramirez”
View contact details
To:
”
Cc:
“nick ramirez”
xxxx
I would like you to read this letter with an open mind. The reason I am sending you this e-mail is so you can have an understanding about what I am feeling prior to us talking on the phone. This way you will know where I am coming from and we can go on from there.
I want to start out by saying that I do understand your frustration. But when we first met you did not want hear what I had to say and you said I talk to much so you and Debbie did all the talking I told you at that time that on one know these documents the way I do and at that time. I did have all of the documents in order in the two books were I spent many days looking over and found all the forged documents and the over charges with the money .
Also the letters from Argent Mortgage, and ACC Capitol Holdings Company a parent company of, Argent Mortgage in response to my complaint who also conduct a formal investigation alleging that the signatures on loan documents did not match and were forged. In there letters response to there finding that the signatures appear to be similar to my signature on my I.D. and Social Security Card and confirms that after a thorough investigation that there was no evidence of wrong doing.
The investigations done by Argent Mortgage and ACC Capitol Holdings were unfair, misleading
Also all the letters from Pinnacle Financial Attorney were misleading ,all long with AMC Argent Mortgage.
xxxxxI can go on there is so much more we have all the documents to prove that why I don’t understand were we are at.
I want to tell you that I am frustrated as well. Hopefully after you read this we can come to some sort of understanding
As you know, this case is very important to me. I have worked hard my whole life. I was able to buy a home where I raised my boys and I have put my sweat and tears into my home. When I got hurt in 2005 everything changed. I was unable to work to make a living for myself and my kids, so when I met Shelly Poe she was the answer to my prayers. So I thought. I put my trust into her and that turned out to be the biggest mistake of my life. She took advantage of that trust and with the help of Argent Mortgage Company put me in a situation that was bound to fail. My signature was forged on legal documents. That is a crime. There is so much more that I think you should know, but you have never taken the time to sit down and really listen to what I have to say. I have spent many sleepless nights over this.
For the past two years, we have been very careful to do what we were supposed to do, and turn in papers to the court on time. I understand that without a law degree we could only go so far, and that is why I hired you. To take us the rest of the way. I need to know that you are on my side and that I can trust you. This is why I am so concerned about you not complying with the judges request for a updated status report. I understand that we have had a hard time communicating with each other, but you could of still filed the letter. I believe I did my part by paying the money that was order by the court . Also the days I work for you, I did the best job I can and more even your friends told you how good of a job I did and wanted my number and done other work for you walking your dogs when I took them I took care of them like if there were mind they are two good dogs I fell in love with them. Also going to city to city filing court documents making on time before it was to close driving fast putting self on the line this why I expect the same from you, which brings me to the second part of my letter.
I am very upset about the way you have been treating me. I have come to your house numerous times and worked very hard to please you. The way you talk to me is degrading and I will not tolerate any longer. You are constantly yelling at me. For example, F word like I did soming to you or any thing you don’t like ,what am I doing that is so bad , when I left your house the last time I was there before I left to go to file the court pagers you started yelling at me with the F word and actually told me to “Run, boy, Run can you boy make with only ½ hour before the court close Then called you from the court house and told you that there was nobody here, you started yelling at me using the F word and told me to “Run, boy, Run”to the side of the court house were I was lucky that a court clerks took the court pagers as she was going home.
I have never in my life had anyone speak to me the way you do. On more than one occasion, you had me rush out there, only to wait for hours for you to finish a document. My time is just as valuable as yours. Also, if I ask you to explain something to me, instead of explaining it again, you yell tell me that you don’t have time to go over anything twice and that I should of listened the first time. This is not rational behavior. I have always treated you with respect and I expect the same treatment from you. You have no right to raise your voice at me or degrade
You are supposed to make things easier for me, not make me feel like I am going to lose. I have always been so confident in what I am fighting for until I hired you. It seems you are trying to break my spirt. This will not happen. I am going to win this case because I have what it takes, and I need you, as my lawyer to believe that.
Lastly I would like to talk about Debbie. you what I am dealing it is OS hard and to top it off with all of this I am about break . She has been by my side through this whole thing. We live together We might have our differences but I have always been able to depend on her and count on her to a point . We have made it this far together, and you even said that you were impressed by how far we have gotten. For me to blindly turn everything over to you and not be able to have her input has been very hard. It is unfair for you to give me that ultimatum. I am not saying that you have to work with her or even talk to her, but I don’t want you to put down her efforts or expect me not to discuss anything with her.
Like I said at the beginning. I hope you read this letter with an open mind and that we can move forward. I hired you because I know that you are very smart and you sounded as passionate as I am about putting a stop to these lenders.
Please xxxx I ask you help
Thank you for taking the time to read my letter. I
Have any of you ever really read the original text in Truth in Lending Bills from the house and senate that were passed?
http://bulk.resource.org/gao.gov/90-321/00005170.pdf
http://bulk.resource.org/gao.gov/90-321/0000516F.pdf
you might all find it interesting
“I hope we shall… crush in its birth the aristocracy of our moneyed corporations, which dare already to challenge our government to a trial of strength and to bid defiance to the laws of our country.”~ Thomas Jefferson, letter to George Logan. November 12, 1816
http://www.movetoamend.org/we-corporations
Steven K. Kop
Attorney at Law
bluejaylaw@gmail.com
(310) 721-8557
can you recommend a lawyer in Maryland? Zip 20705?? thanks
HERE’S SOME FEDERAL CASE LAW THAT MIGHT HELP OUT WITH SOME ONE TRYING TO USE TILA TO ATTACK BONA FIDE PURCHASERS ALONG TO ADD TO KOP’S CL
http://ftp.resource.org/courts.gov/c/F2/622/622.F2d.243.77-3206.html
HERE’S THE QUOTE OF PARTICULAR INTEREST
theappellants still have a right to rescind the transaction. Congress intended therescission to absolutely void the transaction and return the debtor to the statusquo existing before he started the transaction, even against third partypurchasers. See 114 Cong.Rec. 14388 (1968) (statement of Rep. Sullivan)
HEY KOP LET ME KNOW IF YOUR EVER UP 4 SOME PRO BONO WORK. WHAT HAPPENED TO SOLIMAN? I KINDA MISS THAT GUY
Angela- check the addresses on the papers you received against a google search of all the entities (servicer, trust,”lender,” etc.) and then check the address of the trust of the pool at secinfo.com. If the given address of the trust is different from that given in the prospectus for the pool, then you have a good start as to what is taking place.
Hey Angela, I was reading something yesterday about Maryland starting a “pro-bono” operation to help defend foreclosures. They had a goal of signing up 500 attorneys, they now have over 950 lawyers working on their program. Do a little googling and find the operation.
Hi! Am looking for help with a law suit in MD. Purchased a house in NJ in 2005.. there was line of cedit.. loan was structured with that 80/20 deal. Stopped paying both loans in Feb 2009, so now Aurora is foreclosing in NJ, and Wells Fargo is suing for their loan, and is doing so in the MD civil court system. Sure enough there Wells Fargo securitized the line of credit loan, so it’s no different from the other fraudulent securitized mortgages. I’ll have to do this pro se… does anyone have MD statutes, rules, case laws that I can use to win my case? Must file answer by end of January. I’d appreciate any help that you can give.
Please feel free to send me an email at: ankardev1@aol.com
Much thanks!
Taylor, Bean & Whitaker Mtg Co Bankruptcy Filing 8/24/2009 and 1/23/2010 hearing on motion to set last day to file proofs of claim (bar date).
“Certificate of Mailing Notice of Preliminary Hearing on Motion/Application for NOTICE OF HEARING [Re: Debtors Motion For Order Under Fed. R. Bankr. P. 3003(c)(3) (I) Establishing Deadline For Filing Proofs Of Claim, (II) Approving Proof Of Claim Form, (III) Approving Proof Of Claim Filing Deadline Notices, (IV) Approving Mailing And Publication Procedures And (V) Providing Certain Supplemental Relief -- Docket No. 873]. Hearing scheduled for 1-22-10 at 10:00 AM at Jacksonville, FL – 300 North Hogan St. 4th Floor Courtroom 4D. Filed by Other Prof. BMC Group. (BMC Group (JM)) (Entered: 01/18/2010) ”
I have multiple proofs of claim to file for existing clients and would be receptive to inquiries for additional representations against TB&W in its bankruptcy.
I have not yet checked the status of its creditor committee to see if there is representation by TB&W mortgagors/claimants representation.
There may well be Uniform Fraudulent Transfer Act, Officers Liability Insurance, and other potential insurance assets to cover claims against the bankruptcy estate.
Any Fla Federal District Court admitted attorney interested in associating with me in this or other referral matters please contact me below.
Steven K. Kop
Attorney at Law
bluejaylaw@gmail.com
(310) 721-8557
Thanks, 4closureFraud. It would be interesting to study this case. It took 4 years of litigation, 42 hours of attorney time to win. The court awarded the Defendants attorney fee with risk multiplier of 2.5, totalling $26,625. It seems that James Kowalski, Defendant’s attorney did an excellent job.
In 2006, the same bank refiled the lawsuit case 2006-CA-1564 and in 2009 the Judge also dismiss the case with prejudice again . It seems that the principle of Double Jeopardy is not applicable in Foreclosure.
———————————————————————
BANK, OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE EQC PLAINTIFF XXXX-XXX-XX-XXX-X XXXXX
WILLIAMS, PAULETTE, ET VIR, ET AL DEFENDANT XXXX-XXX-XX-XXX-X XXXXX
BACKED CERTIFICATES, SERIES 2001-2, PLAINTIFF XXXX-XXX-XX-XXX-X XXXXX
UNKNOWN SPOUSE OF PAULETTE WILLIAMS, DEFENDANT XXXX-XXX-XX-XXX-X XXXXX
ANY AND ALL UNKNOWN PARTIES,CLAIMING BY, THROUGH, UNDER, AND,AGAINST THE HEREIN NAMED INDIVIDUAL,DEFENDANT(S) WHO ARE NOT KNOWN TO,BE DEAD OR ALIVE, WHETHER SAID,UNKNOWN PARTIES MAY CLAIM AN,INTEREST AS SPOUSES, HEIRS,,DEVISEES, GRANTEES, OR OTHER,CLAIMAN, DEFENDANT XXXX-XXX-XX-XXX-X XXXXX
MERCURY FINANCE COMPANY OF FLORIDA,,A DISSOLVED CORPORATION, DEFENDANT XXXX-XXX-XX-XXX-X XXXXX
TENANT #1, DEFENDANT XXXX-XXX-XX-XXX-X XXXXX
TENANT #2, DEFENDANT XXXX-XXX-XX-XXX-X XXXXX
TENANT #3, DEFENDANT XXXX-XXX-XX-XXX-X XXXXX
TENANT #4 THE NAMES BEING,FICTITIOUS TO ACCOUNT FOR PARTIES,IN POSSESSION, DEFENDANT XXXX-XXX-XX-XXX-X XXXXX
ECHEVARRIA & ASSOCIATES, PA, DEFENDANT XXXX-XXX-XX-XXX-X XXXXX
Docket(s)
Image Effective Date Count Description
2/23/2005 NOTICE OF LIS PENDENS OR 13090 PG 1333 (1)
2/23/2006 COMPLAINT, NOTICE OF LIS PENDENS, SUMMONS ISSUED (5)
2/23/2006 COVER SHEET
3/16/2006 RESPONSE PAULETTE M WILLIAMS 03/16/2006
3/17/2006 SUMMONS RETURNED NOT SERVED TENANT #1
3/17/2006 SUMMONS RETURNED NOT SERVED TENANT #2
3/17/2006 SUMMONS RETURNED NOT SERVED THE UNK.SPOUSE OF PAULETTE WILLIAMS
3/17/2006 SUBPOENA RETURNED SERVED MERCURY FINANCE COMPANY OF FLORIDA,
3/17/2006 NOTICE OF FILING ORIG RETURN OF SERVICE FOR PAULETTE WILLIAMS
3/17/2006 SUMMONS RETURNED NOT SERVED PAULETTE WILLIAMS
4/26/2006 MOTION FOR SUMMARY JUDGMENT ETC/PLTF/ATTY FED EX
4/26/2006 AFFIDAVIT OF COUNSEL AS TO ATTYS FEES & COSTS FED EX
4/26/2006 AFFIDAVIT AS TO AMOUNTS DUE & OWING FED EX
4/26/2006 AFFIDAVIT AS TO ATTORNEY’S FEES (REASONABLE) FED EX
4/26/2006 NOTICE OF DISMISSAL VOLUNTARY OF U/SPOUSE OF PAULETTE WILLIAMS, BK 13229 PG 838
4/26/2006 NOTICE OF DISMISSAL VOLUNTARY AS TO COUNT II, BK 13229 PG 836 (2)
4/26/2006 MOTION FOR DEFAULT MERCURY FINANCE COMPANY OF FLORIDA, A DISSOLVED CORPORATION
4/26/2006 NOTICE OF DISMISSAL WITHOUT PREJUDICE
5/10/2006 DEFAULT MERCURY FINANCE COMPANY OF FL. A DISSOLVED CORPORATION
5/10/2006 COPY MAILED DEFAULT
5/18/2006 NOTICE OF FILING AFFIDAVIT OF AMOUNTS DUE & OWING FED EX
5/18/2006 AFFIDAVIT AS TO AMOUNTS DUE & OWING FED EX
5/30/2006 NOTICE OF HEARING 06/19/2006 9:30AM RM 200 FED EX
6/19/2006 F.S.J. SENT TO RECORDING 06192006
6/19/2006 NOTICE OF FILING ORIGINAL MORTGAGE AND NOTE
6/19/2006 FINAL DISPOSITION FORM
6/19/2006 NOTICE OF SALE AUGUST 21, 2006 11:00
6/19/2006 COPY MAILED NOTICE OF SALE
6/19/2006 FINAL JUDGMENT (SUM.)S/D AUG. 21,06 @ 11:00A.M., OR BK 13349 PG 1865 (4)
7/12/2006 MOTION TO SET ASIDE FINAL JUDGMENT OF MORTGAGE FRECLOSURE & FOR TRANSFER/PAULETTE WILLIAMS/ATY
7/21/2006 NOTICE OF HEARING 08-04-06 10:15 AM
7/28/2006 NOTICE OF FILING COPIES PLEADINGS FROM CASE #2004-4918-CA DIV CV-G
8/10/2006 ORDR GRNTING MOTION TO SET ASIDE FINAL SUMMARY JUDGMENT OF MORTGAGE FORECLOSURE & ETC. RECVD- FWD TO FORECLOSURE CLERK
8/10/2006 ORDER GRANTING DEFE’S MOTION TO SET ASIDE F/S/J OF MORT F/S & TRAN
8/21/2006 MOTION FOR REHEARING PLTF/ATTY FED EX
8/29/2006 MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR REHEARING/PLTF/ATTY FED EX
9/18/2006 ORDER DENYING MOTION FOR REHEARING
10/6/2006 MOTION TO DISMISS ATTY/DEFT
2/1/2007 NOTICE OF HEARING 03/06/2007 1:45PM HON DAY FED EX
2/8/2007 RESPONSE TO MOT TO DISMISS/PLTF/ATTY FED EX
2/13/2007 NOTICE OF UNAVAILABILITY / NONAVAILABILITY JEFF GANO ATTY 02/26/2007–03/05/2007 FED EX
3/14/2007 ORDER GRANTING MOTION TO DISMISS
3/21/2007 NOTICE OF FILING AMENDED MORTGAGE FORECLOSURE COMPLAINT FED EX
3/21/2007 AMENDED MORTGAGE FORECLOSURE COMPLAINT/PLTF/ATTY FED EX
3/21/2007 NOTICE OF LIS PENDENS OR VOL. 13881 PG. 936, AMENDED
4/11/2007 ANSWER, AFFIRMATIVE DEFENSES, & DEMAND FOR JURY TRIAL DEFT PAULETTE WILLIAMS/JAMES KOWALSKI JR ESQ
4/17/2007 REQUEST TO PRODUCE
5/3/2007 MOTION FOR EXTENSION OF TIME TO FILE A RESPONSE TO DEFT/PLTF/ATTY FED EX
5/9/2007 RESPONSE TO AFFIRMATIVE DEFENSES PLTF/ATTY FED EX
5/14/2007 ANSWER TO COUNTER CLAIM AND AFFIRM DEFSES/ATT.GANO/THE BANK OF NY,ETC
5/14/2007 MOTION TO STRIKE DEFT’S AFFIRM DEFS & CTRCLM/ATT,PLTF/FEDEX
5/21/2007 MOTION FOR EXTENSION OF TIME TO FILE A RESPONSE TO REQ FOR PROD/PLTF/ATTY FED EX
6/25/2007 MOTION SUBSTITUTION OF COUNSEL, THE BANK OF NEW YORK
7/3/2007 ORDER GRANTING MOTION JOINT, FOR SUB. OF COUNSEL FOR PLTF- SHUTTS & BOWEN, LLP
8/20/2007 RESPONSE TO REQUEST TO PRODUCE
8/20/2007 REQUEST FOR ADMISSIONS
8/20/2007 NOTICE OF SERVICE OF INTERROGATORIES
8/20/2007 REQUEST TO PRODUCE
9/17/2007 RESPONSE TO REQUEST FOR ADMISSIONS ATT.KOWALSKI,JR/PAULETTE WILLIAMS
9/17/2007 OBJECTION TO PTF’S 1ST RQ TO PROD/ATT.KOWALKSI,JR/PAULETTE WILLIAMS
9/24/2007 NOTICE OF SERVING ANSWERS TO INTERROGATORIES
10/5/2007 RESPONSE TO REQUEST TO PRODUCE DEFT PAULETTE WILLIAMS/ATTY
10/24/2007 REQUEST FOR ADMISSIONS FIRST, ATY/DEFT’S
11/5/2007 MOTION TO AMEND COUNTERCLAIM & ASSERT A CLAIM ETC ATTY/DEFT-COUNTER-PTF
11/14/2007 NOTICE OF TAKING DEPOSITIONS VIDEOTPD, OF PAULETTE WILLIAMS, 12122007 AT 10:00AM
11/20/2007 RESPONSE TO REQUEST FOR ADMISSIONS
12/5/2007 NOTICE OF TAKING DEPOSITIONS (AMENDED,VIDEO)PAULETTE WILLIAMS TUE,01/15/08 1:30PM
12/11/2007 MOTION TO DETERMINE SUFFICIENCY OF OBJECTIONS TO DFT’S ETC ATY/DFT
12/11/2007 NOTICE OF TAKING DEPOSITIONS OF CORP REP. OF THE BANK OF NEW YORK, 01152008 AT 10:00AM
2/5/2008 MOTION (AMND)TO AMEND COUNTERCLAIM ATTY/DEFT/COUNTER-PLTF
2/20/2008 NOTICE OF HEARING (COPY) ON DEFT’S MT TO DETERMINE,ETC., 3/20/08 AT 2:00P
2/20/2008 MOTION (COPY) TO DETERMINE SUFFICIENCY OF OBJ,ETC., ATTY/DEFT
2/20/2008 NOTICE OF HEARING ON DEFT’S MT TO DETERMINE SUFFICIENCY ETC (3/20/08-2PM)
2/20/2008 REQUEST FOR ADMISSIONS
2/20/2008 MOTION FOR SUMMARY JUDGMENT DEFT’S/CTR-PLTF’S, (STANDING). ATY J. KOWALSKI JR
2/20/2008 NOTICE OF FILING ORIGINAL DEPO TRANS BANK OF NEW YORK CORP ETC
2/20/2008 DEPOSITION THE BANK OF NEW YORK THROUGH MINDY LEETHAM – 01/15/08
2/27/2008 ORDER GRANTING MOTION CONSENT, AMENDED, FOR LV TO FILE AMENDED CONTERCLAIM
2/27/2008 AMENDED COUNTERPETITION (UNSIGNED COPY)ATTY FOR DEFT
3/6/2008 MOTION TO AMEND AMD.CTERCL.ASSE.CLAIM,ETC.,PAULETTE WILLIAMS/ATTY.
3/18/2008 NOTICE OF HEARING 05202008, 2 PM.
3/19/2008 MOTION PLTF’S, FOR EXTENSION OF TIME TO RESPOND,ETC/ATY
3/20/2008 NOTICE OF FILING DEFT PAULETTE WMS’, COPY OF APPELLANT’S ETC
3/20/2008 APPELLANT’S INITIAL BRIEF (COPY)
3/20/2008 MOTION TO DISMISS PLTF/CTR-DEFT’S, DEFT/CTR-PLTF’S AMND, ETC ATY/FOR APPELLANT
4/7/2008 RESPONSE TO REQUEST FOR ADMISSIONS (SECOND) ATTY/PLTF
4/10/2008 ORDER ON DEFT’S MT TO DETERMINE SUFFICIENCY OF OBJECTIONS TO DEFT’S FIRST REQUEST FOR ADMISSIONS
4/22/2008 RESPONSE TO MOTION TO DISMISS AMENDED COUNTERCLAIM & REQUEST FOR SANCTIONS ETC/PAULETTE WILLIAMS/JAMES KOWALSKI JR ESQ
5/12/2008 RESPONSE TO REQUEST FOR ADMISSIONS (AMENDED)DEFT PAULETTE WILLIAMS
5/16/2008 NOTICE OF FILING ORIG AFFDVT IN OPPOSITION TO DEFT’S MT FOR SUMMARY JDGMT -FED EX
5/16/2008 AFFIDAVIT IN OPPOSITION TO DEFT’S MT FOR SUMMARY JDGMT -FED EX
5/16/2008 NOTICE OF FILING CORPORATE ASSIGNMENT OF MORTGAGES -FED EX
5/16/2008 MOTION PLTF’S, FOR SUBSTITUTION OF PARTY PLTF. -FED EX
5/20/2008 MOTION TO STRIKE AFFIDAVIT OF J. COLE; ATTY/DEF
5/20/2008 MOTION FOR SANCTIONS FOR FRAUD ON THE COURT; ATTY/DEF
5/21/2008 MOTION TO STRIKE (COPY)AFFIDAVIT OF JEFFREY COLE
5/21/2008 MOTION (COPY)FOR SANCTIONS FOR FRAUD ON THE COURT
6/13/2008 ORDER GRANTING MOTION (DEFT’S/CNTR-PLTF’S)TO AMEND AMENDED COMNTERCLAIM ANT TO ASSERT A CLAIM FOR PUNITIVE DAMAGES
6/13/2008 ORDER GRANTING MOTION (DEFT’S/CNTR-PLTF’S)FOR LEAVE TO ADD AN ADDITIONAL DEFT
6/17/2008 NOTICE OF UNAVAILABILITY / NONAVAILABILITY JAMES A. KOWALSKI, JR.,ESQ./PAULETTE WILLIAMS, ETC.
7/1/2008 SUMMONS ISSUED 2ND AMENDED COUNTERCLM- ECHEVARRIA & ASSOC., PA
7/1/2008 CASE FEES PAID: $10.00 ON RECEIPT NUMBER 373675
7/1/2008 MOTION TO COMPEL PRODUCT DOC., PAULETTE WILLIAMS
7/2/2008 MOTION FOR SUBSTITUTION OF PARTY , THE BANK OF NEW YORK
7/2/2008 MOTION TO DISMISS THE BANK OF NEW YORK
7/21/2008 ORDER DENYING DEFDT’S MOTION FOR SUMMARY JDG (STANDING) BOOK 14582 PAGE 1716-1720
7/30/2008 NOTICE OF HEARING
7/31/2008 NOTICE OF HEARING (COPY)9/24/08 @ 3PM RM 227
8/26/2008 SUMMONS RETURNED INDICATING SERVICE ECHEVARRIA & ASSOC 7/25/08
8/27/2008 MOTION TO DISMISS SECOND AMENDED COUNTERCLAIM BY DEFENDANT ECHEVARRIA & ASSOCIATES, P.A.
9/18/2008 MOTION TO AMEND SECOND AMENDED COUNTERCLAIM
9/18/2008 SECOND REQUEST FOR PRODUCTION OF DOCUMENTS
9/23/2008 RESPONSE IN OPPOSITION,ETC/THE BANK OF NY ,ETC
9/26/2008 HEARING BINDER (BLACK NOTEBOOK)
10/9/2008 MOTION FOR EVIDENTIARY HEARING ON WILLIAMS’ MTN FOR SANCTIONS,ETC
10/16/2008 RESPONSE IN OPPOS.MTION . EVIDENTIARY HEAR., CTERDFT/ERIC C. REED, ESQ., FEDEX
10/20/2008 RESPONSE TO REQUEST TO PRODUCE (SECOND)
12/4/2008 ORDER GRANTING MOTION (CONSENT) FOR LV TO FILE THIRD AMENDED COUNTERCLAIM
12/15/2008 NOTICE OF PRODUCTION FROM NON-PARTY NORTHEAST FLORIDA COMMUNITY ACTION AGENCY, INC., 12112008
12/15/2008 NOTICE OF PRODUCTION FROM NON-PARTY CITY OF JACKSONVILLE, ET. AL.,, 12112008
12/15/2008 NOTICE OF SERVICE OF INTERROGATORIES
12/15/2008 NOTICE OF TAKING DEPOSITIONS PAULETTE WILLIAMS,, 01142009, 10 AM.
12/19/2008 REQUEST FOR COPIES
12/19/2008 REQUEST FOR COPIES
12/22/2008 MOTION TO DISMISS THIRD AMENDED COUNTERCLAIM
12/23/2008 NOTICE OF TAKING DEPOSITIONS OF THE BANK OF NEW YORK
12/23/2008 NOTICE OF TAKING DEPOSITIONS OF JEFFREY COLE AND DAVID COLEMAN
12/23/2008 MOTION TO DISMISS 3RD AMENDED COUNTERCLAIM & INCORPORATED MEMORANDUM OF LAW/PLTF-COUNTERDEFT/ATTY FED EX
12/30/2008 REQUEST FOR COPIES
1/7/2009 SUBPOENA RETURNED SERVED CITY OF JACKSONVILLE COMMUNITY SERVICE DEPARTMENT, 12302008
1/8/2009 OBJECTION TO NOT OF TAKING DEPOSITIONS,ETC JEFFREY COLE AND DAVID COLEMAN
1/9/2009 SUBPOENA RETURNED SERVED NORTHEAST FLORIDA OMMUNITY ACTION AGENCY, INC.
1/12/2009 OBJECTION -TO NOTICE OF TAKING VIDEOTAPED DEPO., ETC.
1/21/2009 RESPONSE TO REQUEST FOR COPIES DEFT/COUNTER PLTFF PAULETTE WILLIAMS
1/21/2009 NOTICE OF SERVING ANSWERS TO INTERROGATORIES DEFT/COUNTERPLTFF (2ND SET)
4/6/2009 NOTICE OF DISMISSAL OF THIRD-AMND COUNTERCLAIM ATTY/DEFT
4/13/2009 NOTICE OF LIS PENDENS (RELEASE) BOOK 14840 PAGE 1563-1564
4/13/2009 NOTICE OF DISMISSAL WITH PREJUDICE
Ann,
Here is the opinion filed with the 1st DCA. Working on getting the rest of the files… Will post here when I do.
AFFIRMED – Motion to Dismiss Granted WITH Prejudice, Defendants’ Attorney’s Fees Awarded
4closureFraud
I FOUND A FORECLOSURE CASE MOTION TO DISMISS WAS GRANTED WITH PREJUDICE AND JUDGE REWARDS DEFENDANTS’ ATTORNEY FEE
———————————————————————–
DUVAL COUNTY CASE 16-20040CA-004918
BANK, OF NEW YORK, ACTING SOLELY IN ITS CAPACITY AS TRUS PLAINTIFF XXXX-XXX-XX-XXX-X XXXXX
WILLIAMS, PAULETTE, ET VIR, ET AL DEFENDANT XXXX-XXX-XX-XXX-X XXXXX
EQUICREDIT CORPORATIION TRUST,2001-2, PLAINTIFF XXXX-XXX-XX-XXX-X XXXXX
UNKNOWN SPOUSE OF PAULETTE WILLIAMS, DEFENDANT XXXX-XXX-XX-XXX-X XXXXX
AY AND ALL UNKNOWN PARTIES,CLAIMING BY, THRUOGH, UNDER, AND,AGAINST THE HEREIN NAMED INDIVIDUAL,DEFENDANT(S) WHO ARE NOT KNOWN TO,BE DEAD OR ALIVE, WHETHER SAID,UNKNOWN PARTIES MAY CLAIM AN,INTEREST AS SPOUSES, HEIRS,,DEVISEES, GRANTEES, OR OTHER,CLAIMANT, DEFENDANT XXXX-XXX-XX-XXX-X XXXXX
MERCURY FINANCE COMPANY OF FLORIDA, DEFENDANT XXXX-XXX-XX-XXX-X XXXXX
TENANT #1, DEFENDANT XXXX-XXX-XX-XXX-X XXXXX
TENANT #2, DEFENDANT XXXX-XXX-XX-XXX-X XXXXX
TENANT #3, DEFENDANT XXXX-XXX-XX-XXX-X XXXXX
TENANT #4 THE NAMES BEING,FICTITIOUS TO ACCOUNT FOR PARTIES,IN POSSESSION, DEFENDANT XXXX-XXX-XX-XXX-X XXXXX
Docket(s)
Image Effective Date Count Description
7/13/2004 COMPLAINT, NOTICE OF LIS PENDENS, SUMMONS ISSUED (5)
7/13/2004 COVER SHEET
7/19/2004 NOTICE OF LIS PENDENS OR 11935-2461 (1)
8/3/2004 SUMMONS RETURNED INDICATING SERVICE 7/15/04, TENANT #1
8/3/2004 SUMMONS RETURNED NOT SERVED TENANT #2
8/3/2004 SUMMONS RETURNED INDICATING SERVICE 7/19/04, MERCURY FINANCE CO. OF FLA.
8/3/2004 SUMMONS RETURNED NOT SERVED THE UNKNOWN SPSE OF PAULETTE WILLIAMS
8/3/2004 SUMMONS RETURNED INDICATING SERVICE 7/15/04, PAULETTE WILLIAMS
8/4/2004 MOTION TO DISMISS ATTY/DEFT
8/4/2004 REQUEST TO PRODUCE (P. WILLIAMS FIRST) TO THE BANK OF NEW YORK, 8/3/04
8/16/2004 NON-MILITARY AFFIDAVIT TENANT 1 (THEARIS HARVELL)
8/16/2004 MOTION FOR DEFAULT AND DEFAULT (ONE PAGE) TENANT 1 (THEARIS HARVELL) & MERCURY FINANCE COMP. OF FL.
8/24/2004 NOTICE OF FILING AMENDED AFFIDAVIT OF REASONALBLE ATT FEES
8/24/2004 AFFIDAVIT AS TO ATTORNEY’S FEES (AMENDED)ANDREW S.FORMAN,ESQ
8/25/2004 MOTION FOR SUMMARY JUDGMENT PLTF’S, INCLUDING A HRG,ETC ATY ANNE CORDELL
9/3/2004 NOTICE OF HEARING RM 204 OCT 1,04 9:30AM
9/28/2004 NOTICE OF CANCELLATION OF HEARING 10/1/04 AT 9:30A, RM. 204
10/4/2004 OBJECTION & MOTION CONTINUE HRG MOTION S.J. ETC, ATY/DEFT P WILLIAMS
10/11/2004 NOTICE OF HEARING 10/28/04 AT 9:30A, RM. 204
10/28/2004 NOTICE OF CANCELLATION OF HEARING RM 204 OCT 28,04 9:30AM/UPS GROUND
6/14/2005 NOTICE OF FILING COPY OF ASSIGNMENT OF MORTGAGE,ETC(3)/UPS
7/28/2005 NOTICE OF HEARING AUG.18,205 AT 10:35 AM
8/10/2005 MEMORANDUM IN SUPPORT OF DEFT MOTION TO DISMISS…..ATTY/DEFT
8/23/2005 ORDER GRANTING MOTION TO DISMISS COMPLAINT- PLTF HAS 20 DAYS TO REPLEAD
8/29/2005 MOTION FOR ATTORNEY’S FEES AND COSTS, PAULETTE WILLIAMS, ATT
9/15/2005 NOTICE OF FILING COPY OF AMND NOTICE OF LIS PENDENS AND ORIGINAL AMND MORT.
9/19/2005 RECVD AMENDED NOTICE LIS PENDENS / FWD TO RECORDING
9/22/2005 MOTION TO DISMISS AMEND.MORTGAGE FORECLOSURE COMPLAINT, PAULETTE WM’S/ATT
9/27/2005 NOTICE OF LIS PENDENS AMENDED, OR BK 12777 PG. 881 (1)
10/18/2005 NOTICE OF HEARING ON DEFT. PAULETTE WILLIAMS,ETC., 12/9/05 AT 2:10P
10/18/2005 NOTICE OF HEARING (AMND) ON DEFT P. WILLIAMS,ETC., 12/13/05 AT 2:20P
10/19/2005 NOTICE OF HEARING (AMENDED),ETC/DEC 13.05 2;20PM
11/3/2005 NOTICE OF CHGN OF LAW FIRMS/THE FL DEFAULT LAW GROUP,ETC/UPS
12/16/2005 ORDER GRANTING MOTION TO DISMISS AMENDED MORTGAGE FORECLOSURE COMPLAINT-PLTF HAS 20 DAYS
———————————————————————-
7/12/2006 MOTION TO DISMISS BY DEFENDANT W/PREJ & FOR REASONABLE ATTYS FEES/PAULETTE WILLIAMS/ATTY
———————————————————————–
7/24/2006 MOTION FOR LEAVE TO FILE COUNTERCLAIM, ETC., ATTY/P. WILLIAMS
7/27/2006 NOTICE OF HEARING 08/31/2006 10AM HON JOHNSON
7/28/2006 NOTICE OF FILING COPIES OF PLEADINGS FROM CASE 2006-1564-CA DIVISION CV-C
9/13/2006 NOTICE OF HEARING 09/26/2006 2:45PM RM 204 FED EX
9/26/2006 RESPONSE TO MOT TO DISMISS W/PREJ//PLTF/ATTY FED EX
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10/17/2006 ORDR GRNTING MOTION TO DISMISS WITH PREJUDICE RECVD- FWD TO RECD
10/17/2006 ORDER GRANTING DISMISSAL OF DEFT. PAULETTE WILLIAMS, OR BK 13595 PG. 1517 (2)
10/26/2006 RENEWED MOT FOR AWARD OF ATYS FEES & COSTS & MOT FOR ORDER DETERMINING ENTITLEMENT TO MULTIPLIER/PAULETTE WILLIAMS/ATY
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11/6/2006 NOTICE OF HEARING JAN.22,2007 AT 10:10 AM
1/19/2007 NOTICE OF HEARING (AMENDED)3/6/07 @ 2PM
3/7/2007 DEFT’S EXHIBIT #1- AGREEMENT FOR PROFESSIONAL SERVICES
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4/12/2007 ORDR GRNTING MT FOR ATTY’S FEES & COSTS & FOR MULTIPLIER RECVD- FWD TO FORECLOSURE CLERK
4/12/2007 ORDER GRANTING DEFEN MO/FOR ATTYY’S FEES AND COSR AND MULTIPLIER
4/12/2007 ORDER GRANT DEF MTN FOR ATTRNY FEE/COSTS, OR BK 13931 PG 477 (6)
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4/23/2007 MOTION FOR ENTRY OF FJ FOR ATTY’S FEES AND COSTS,ETC/ATT,DEFT
4/26/2007 NOTICE OF HEARING 05/03/2007 9:30AM RM 227
5/3/2007 FINAL JUDGMENT FOR ATTY’S FEES, ETC., OR 13958-1557 (2)
5/8/2007 MOTION FOR ORDER COMPELLING COMPLETION OF FORM 1.977/ATT,DEFT
5/8/2007 REQUEST TO PRODUCE
5/14/2007 NOTICE OF APPEAL BK 13979 PG 2362
5/21/2007 DCA ACKNOWLEDGEMENT RECEIPT 1D07-2626
5/22/2007 NOTICE OF APPEARENCE OF COUNSEL ERIC C REED ATTY FOR DEFTS FED EX
5/22/2007 DIRECTIONS TO CLERK
6/12/2007 DESIGNATION TO COURT REPORTER
6/29/2007 NOTICE OF FILING ORIG SUPERSEDEAS BOND FED EX
7/9/2007 BOND FILED, APPROVED & COPY PLACED IN FILE
7/12/2007 JOINT MOTION FOR SUBSTITUTION OF COUNSEL FOR PLTF/ MITCHELL ROTHMAN ESQ & JOHN DANNECKER ESQ FED EX
7/13/2007 ORDER GRANTING MOTION JOINT, FOR SUB OF COUNSEL FOR PLTF- SHUTTS & BOWEN
7/16/2007 COPY OF ORDER FROM DISTRICT COURT OF APPEAL APPLT. MO.FOR EXT.OF TIME FOR SERVICE OF INITIAL BRIEF
7/16/2007 GRANTED
7/18/2007 PROCEEDINGS BEFORE THE HON LANCE M. DAY, TAKEN 3/6/07
8/31/2007 COPY OF ORDER FROM DISTRICT COURT OF APPEAL APPLT MOTION FILED 8/23/07 SEEKING TO SUPPL.ROA GRANTED
9/14/2007 TRANS TO DCA: 1 VOL ROA, 1 VOL PRO, 1 EXH (07-2626)
9/17/2007 NOTICE OF FILING
4/14/2008 COPY OF ORDER FROM DISTRICT COURT OF APPEAL APPELLEE’S MOTION FILED 05/29/07 FOR ATTY FEES GRANTED
4/14/2008 MOTION APPELLANT’S MOTION FILED 11/15/07 FOR ATTY FEES DENIED
4/30/2008 MANDATE (AFFIRMED) BOOK 14481 PAGE 672-676
5/12/2008 MOTION (UNOPPOSED) TO RELEASE SUPERSEDEAS BOND/PLTF/ATTY FED EX
5/22/2008 ORDER GRANTING PLAINTIFF’S UNOPPOSED MOTION TO RELEASE SUPERSEDEAS BOND
6/4/2008 ORIGINAL SUPERSEDEAS BOND RETURNED TO ATTORNEY’S SHUTTS & BOWEN, P.A.
6/13/2008 ROA RETURNED FROM DCA (1D07-2626) 2 VOL 1 SUPPL. 1 EXH. STORED IN BOX 995
6/17/2008 NOTICE OF UNAVAILABILITY / NONAVAILABILITY JAMES A KOWALSKI JR.,ESQ./PAULETTE WILLIAMS
4/6/2009 NOTICE OF DISMISSAL OF COUNTERCLAIM ATTY/DEFT
4/13/2009 NOTICE OF LIS PENDENS (RELEASE) BOOK 14840 PAGE 1567-1568
Post Foreclosure: How to Attack a Bona Fide Purchaser.
Some California Cases:
(I will post a link to similar caselaw outside California)
California: Pell v. McElroy, 36 Cal. 268, 1868 Cal. LEXIS 186 (1868):
• The simple, independent fact of possession is sufficient to raise a presumption of interest in the premises on behalf of the occupant. And we can discover no just or rational ground for giving to this fact less significance as notice to a party purchasing the legal title from one not in possession, in consequence of the fact that such occupant had by deed divested himself of the legal title.
***
• An absolute deed divests the grantor not only of his legal title, but right of possession; and when such grantor is found in the exclusive possession of the granted premises long after the delivery of his deed, here is a fact antagonistic to the fact and legal effect of the deed; and we cannot appreciate the justice, sound reason, or policy of a rule which would authorize a subsequent purchaser, while such fact of possession continues, to give controlling prominence to the fact and legal effect of the deed, in utter disregard of the other notorious prominent antagonistic fact of exclusive possession in the original grantor. He cannot be regarded a purchaser in good faith who negligently or willfully closes his eyes to visible pertinent facts, indicating adverse interest in or incumbrances upon the estate he seeks to acquire, and indulges in possibilities or probabilities, and acts upon doubtful presumptions, when by the exercise of prudent, reasonable diligence he could fully inform himself of the real facts of the case.
***
• The continued exclusive possession of a vendor after his formal conveyance of the legal title is a fact in conflict with the legal effect of his deed, and is presumptive evidence that he still retains an interest in the premises, and is sufficient to put a purchaser upon inquiry, and subject him to the general rule heretofore announced in case of the party in possession being a stranger to the title as of record.
California: Scheerer v. Cuddy, 85 Cal. 270, 24 P. 713 (Cal. 1890):
• The actual possession of the premises by the appellant was sufficient to put the respondent upon inquiry as to the nature and extent of its claim. (Pell v. McElroy, 36 Cal. 268; O’Rourke v. O’Connor, 39 Cal. 446; Moss v. Atkinson, 44 Cal. 9, 17; Hunter v. Watson, 12 Cal. 363; 73 Am. Dec. 543; Lestrade v. Barth, 19 Cal. 660, 675; Dutton v. Warschauer, 21 Cal. 610; 82 Am. Dec. 765.)
• The effect of such possession, and the diligence required of the vendee to ascertain the extent of the claim of the party in possession, is thus clearly stated in Pell v. McElroy, 36 Cal. 268.
• The fact of open, notorious, and exclusive possession and occupation of lands by a stranger to a vendor’s title, as of record at the time of a purchase from and conveyance by such a vendor out of possession, is sufficient to put such purchaser upon inquiry as to the legal and equitable rights of the party so in possession, and such vendee is presumed to have purchased and taken a conveyance from the vendor with full notice of all the legal and equitable rights in the premises of such party in possession and in subordination to these rights, and this presumption is only to be overcome or rebutted by clear and explicit proof on the part of such purchaser, or those claiming under him, of diligent, unavailing effort by the vendee to discover or obtain actual notice of any legal or equitable rights in behalf of the party in possession.
• And when the location of the land is such as to render personal application to and inquiry of the occupant practicable, a purchaser failing to make such application and inquiry is no more entitled to be regarded a purchaser in good faith than if he had so inquired and ascertained the real facts of the case.
• Whether the respondent knew of the appellant’s possession, or not, is immaterial. It was his duty to know who was in possession of the property before making the purchase, and his purchase without ascertaining the fact must be regarded as the strongest evidence of bad faith on his part. The burden of making the proper inquiry was cast upon him by the mere fact of actual possession on the part of the appellant.
• If it were allowed that by failing to acquaint himself with the fact of possession on the part of another than the vendor the vendee could avoid the effect of the rule above stated, he could purposely avoid any inquiry on the subject, and thereby evade the rule and its consequences entirely.
California: Hyde v. Mangan, 88 Cal. 319, 26 P. 180 (1891) (applied bona fide purchaser doctrine in the context of an equitable mortgage):
• The plaintiff came into court in this action with full notice of all the rights and equities existing between the railroad company and the defendants, and between Brownstone and his assignees and the defendants; for the defendants were in the open, notorious, and exclusive possession of this land at all these times, and plaintiff made no inquiry to ascertain the rights or claims of defendants, and he is in no better position, and no more entitled to be regarded as a purchaser in good faith than if he had so inquired and ascertained the real facts of the case. (Pell v. McElroy, 36 Cal. 268; Bank of Mendocino v. Baker, 82 Cal. 114; Scheerer v. Cuddy, 85 Cal. 273.) Neither could the plaintiff be recognized as a bona fide purchaser from his assignor, Erlanger, upon the additional ground that in the sale of equitable interests the principle of bona fide purchasers has no standing. (Taylor v. Weston, 77 Cal. 534.)
California: J. R. Garrett Co. v. States, 3 Cal.2d 379 [44 P.2d 538] (1935):
• As a general rule, possession of real property is constructive notice to any intending purchaser or encumbrancer of said property. This rule is so well established that citation of authority is hardly necessary. We mention, however, the case of Follette v. Pacific L. & P. Co., 189 Cal. 193, 205 [208 P. 295, 23 A.L.R. 965], where a long list of authorities is cited.
• This rule applied even in the case of a grantor remaining in possession after execution and delivery of a deed to his vendee. (Pell v. McElroy, 36 Cal. 268, 272, 274; O’Rourke v. O’Connor, 39 Cal. 442; Taber v. Beske, 182 Cal. 214, 216 [187 P. 746]; Hopkins v. Garrard, 7 B. Mon. (Ky.) 312.)
• In Pell v. McElroy, supra, the question presented in the instant case was before the court, as appears from the following quotation from the opinion in that case: “In the present case the question arises, whether the fact of open, notorious, and exclusive possession of lands by a vendor thereof, after transfer of his legal title thereto by deed, is sufficient to put a subsequent vendee of the same premises, while so in possession of the original vendor, upon inquiry as to the equitable rights of such original vendor, and subject such subsequent purchaser to the same rules as when a stranger to the title of his vendor, as of record, is in possession.”
• Continuing, the court, on page 274 [36 Cal.], says: “An absolute deed divests the grantor not only of his legal title, but right of possession; and when such grantor is found in the exclusive possession of the granted premises long after the delivery of his deed, here is a fact antagonistic to the fact and legal effect of the deed; and we cannot appreciate the justice, sound reason, or policy of a rule which would authorize a subsequent purchaser, while such fact of possession continues, to give controlling prominence to the fact and legal effect of the deed, in utter disregard of the other notorious prominent antagonistic fact of exclusive possession in the original grantor. He cannot be regarded a purchaser in good faith who negligently or willfully closes his eyes to visible pertinent facts, indicating adverse interest in or incumbrances upon the estate he seeks to acquire, and indulges in possibilities or probabilities, and acts upon doubtful presumptions, when by the exercise of prudent, reasonable diligence he could fully inform himself of the real facts of the case.”
• In the concluding paragraph of the opinion the court reiterates the rule as follows: “The continued exclusive possession of a vendor after his formal conveyance of the legal title is a fact in conflict with the legal effect of his deed, and is presumptive evidence that he still retains an interest in the premises, and is sufficient to put a purchaser upon inquiry, and subject him to the general rule heretofore announced in case of the party in possession being a stranger to the title as of record.” The case of Pell v. McElroy, supra, is cited with approval in many cases decided by this court.
• The same principle is expressly approved in Taber v. Beske, supra. In that case Mrs. Beske, an ignorant woman, desired to borrow the sum of $500 upon a lot owned by her. She so informed one Horsford, who fraudulently prepared a power of attorney in his favor, and represented to her it was a mortgage on her lot to secure the payment of $500. She, relying upon his statement and without reading the power of attorney, signed it, and Horsford gave her the sum of $500. After a short visit to her old home in Europe she returned to her home here, and ever since that time had been in possession and occupancy of said lot, either in person or through her tenants. Horsford, acting under his power of attorney, conveyed the lot to one Dennison, who paid no consideration and who knew that the conveyance was unauthorized. Thereafter, and while defendant Beske was in the possession of said lot, Horsford and Dennison conveyed the lot to plaintiff for a valuable consideration. The trial court found that plaintiff acquired title to said real property with notice of the defendant’s rights therein and rendered judgment in favor of the defendant.
• In affirming the judgment this court said (p. 217 [182 Cal.]): “Appellant contends that there is no evidence to support the finding that Taber, at the time he purchased and received the deed, was informed of the power of attorney and the circumstances of its execution. The finding that Mary Beske was in actual open, exclusive, and adverse possession of the lot, by herself and her tenants, at the time Taber bought and paid for the lot, put him on inquiry as to her rights and claims upon the property and charged him with knowledge of all that such inquiry, if pursued, might have developed.”
• In Hopkins v. Garrard, supra, the opinion delivered by Chief Justice Marshall states the law upon this question as follows: “But the fact that, notwithstanding his deed to Hopkins, which acknowledged full payment, Garrard, the grantor, remained in possession of the land, was an indication that he had or claimed some interest in the land, and should have put the subsequent vendees on an inquiry, by which they would have easily learned that the purchase money was, in fact, unpaid, and probably that Garrard was holding the possession as security for it. On the ground of notice, therefore, implied from the possession, the lien of Garrard for his purchase money is considered effectual against the subsequent purchase, even beyond the effect of the lis pendens.”
California: Pacific Gas & Elec. Co. v. Minnette (1953) 115 Cal.App.2d 698 [252 P.2d 642]:
• ‘Possession of land is notice to the world of every right that the possessor has therein, legal or equitable; it is a fact putting all persons on inquiry as to the nature of the occupant’s claims.’ [Citation.] ‘Except in so far as the rule has been varied by statute, actual possession of land is such notice to all the world, or to anyone having knowledge of such possession, as will put on inquiry those acquiring title or a lien on the land to ascertain the nature of the right that the occupant has in the premises. The presumption is that inquiry of the possessor will disclose how and under what right he holds possession, and, in the absence of such inquiry, the presumption is that, had such inquiry been made, the right, title, or interest under which the possessor held would have been discovered. The notice which the law presumes has been held to be actual, and not merely constructive, notice. Possession is notice not only of whatever title the occupant has but also of whatever right he may have in the property, and the knowledge chargeable to a person after he is put on inquiry by possession of land is not limited to such knowledge as would be gained by examination of the public records.’ [Citations.]
California: Asisten v. Underwood (1960) 183 Cal.App.2d 304 [7 Cal.Rptr. 84]:
• It is a general rule that possession of real property is constructive notice to any intending purchaser or encumbrancer of the property of all the rights and claims of the person in possession which would be disclosed by inquiry. (Pell v. McElroy, 36 Cal. 268, 272.)
• This rule is extended to the case of a grantor remaining in possession after execution and delivery of a deed to his vendee and a subsequent purchaser of the same property must inquire into the equitable rights of the original vendor. (Pell v. McElroy, supra; J. R. Garrett Co. v. States, 3 Cal.2d 379 [44 P.2d 538].)
• The same rule was applied in Taber v. Beske, 182 Cal. 214, 217 [187 P. 746], where the court said: “Appellant contends that there is no evidence to support the finding that Taber, at the time he purchased and received the deed, was informed of the power of attorney and the circumstances of its execution. The finding that Mary Beske was in actual, open, exclusive, and adverse possession of the lot, by herself and her tenants, at the time Taber bought and paid for the lot, put him on inquiry as to her rights and claims upon the property and charged him with knowledge of all that such inquiry, if pursued, might have developed. (Citations.) His actual knowledge is, therefore, not necessary to support the judgment.”
California: Evans v. Faught, 231 Cal. App. 2d 698; 42 Cal. Rptr. 133 (Cal. App. 1st Dist. Div 1, 1965):
• Such finding and conclusion were, moreover, in accordance with the cases which, in construing section 1214, fn. 8 have held that an unrecorded lease is not void as against a purchaser who has notice of the lease or such notice as should put him on such inquiry as would disclose its existence. (Scheerer v. Cuddy, 85 Cal. 270, 272 [24 P. 713]; Commercial Bank v. Pritchard, 126 Cal. 600 [59 P. 130].)
• The rationale of this rule is that a purchaser of premises occupied in part by a third person under an unrecorded lease cannot be said to be an innocent purchaser since possession by such third party may constitute notice to the purchaser, provided it is open, notorious, exclusive and visible, and not consistent with the record title. (Scheerer v. Cuddy, supra, pp. 272-273; Manig v. Bachman, 127 Cal.App.2d 216, 221-222 [273 P.2d 596]; High Fidelity Enterprises, Inc. v. Hull, 210 Cal.App.2d 279, 281 [26 Cal.Rptr. 654].)
California: Saxon v. Du Bois, 209 Cal. App. 2d 713; 26 Cal. Rptr. 196 (Cal. App. 1st Dist. Div.3, 1962):
• Whether defendant knew of the possession by Daut of the pipe and catch basin is immaterial. It was her duty to know before making the purchase, else the purchaser could purposely avoid any inquiry on the subject and thereby defeat the rule of notice by possession. (Follette v. Pacific Light & Power Corp., 189 Cal. 193, 213 [208 P. 295, 23 A.L.R. 965]; Scheerer v. Cuddy, 85 Cal. 270, 273 [24 P. 713]; Wineberg v. Moore, 194 F.Supp. 12, 16, 17; Beverly Hills Nat. Bank v. Seres, 76 Cal.App.2d 255, 263 [172 P.2d 894].)
California: Hansen v. G & G Trucking Co., 236 Cal. App. 2d 481; 46 Cal. Rptr. 186 (Cal. App. 1st Dist, Div.1, 1965):
• Insofar as the possession of the property by respondent’s mother is concerned, it is well settled that “the possession of the tenant is notice of his landlord’s title; that is to say, such possession is sufficient to put a person dealing with the property upon inquiry; and the law will charge him with notice of all those facts which he might have ascertained, had he pursued the inquiry with proper diligence.” (O’Rourke v. O’Connor, 39 Cal. 442, 446-447; White v. Rosenstein, [236 Cal.App.2d 499] 8 Cal.App.2d 217, 223 [47 P.2d 358]; Manig v. Bachman, supra, pp. 221- 222.)
• Accordingly, “It is equally well settled that where a person who is a stranger to the record title of the vendor is in possession, the purchaser is under a duty to make inquiry of such stranger’s rights, and failure to do so deprives him of the status of bona fide purchaser.” (Manig v. Bachman, supra, p. 222; Hunter v. Watson, 12 Cal. 363 [73 Am.Dec. 543]; Pell v. McElroy, 36 Cal. 268.)
California: Claremont Terrace Homeowners’ Ass’n v. United States, 146 Cal. App. 3d 398; 194 Cal. Rptr. 216 (Cal. App. 1st Dist. Div.1, 1983):
• As explained in Asisten v. Underwood (1960) 183 Cal.App.2d 304, 309 [7 Cal.Rptr. 84]: “It is a general rule that possession of real property is constructive notice to any intending purchaser or encumbrancer of the property of all the rights and claims of the person in possession which would be disclosed by inquiry.”
• “The possession required to impart notice to a subsequent purchaser must be open, notorious, exclusive and visible, and not consistent with the record title.” (High Fidelity Enterprises, Inc. v. Hull, supra, 210 Cal.App.2d 279, 281.) If either a tenant or a stranger is in possession of leased premises, the purchaser is charged with all those facts which might have been ascertained had a reasonably diligent inquiry been made. (Manig v. Bachman, supra, 127 Cal.App.2d 216, 221-222; Natural Resources, Inc. v. Wineberg, supra, 349 F.2d 685, 690.)
• And as noted in Pacific Gas & Elec. Co. v. Minnette (1953) 115 Cal.App.2d 698, 705 [252 P.2d 642]: “‘Possession is notice not only of whatever title the occupant has but also of whatever right he may have in the property, and the knowledge chargeable to a person after he is put on inquiry by possession of land is not limited to such knowledge as would be gained by examination of the public records.” (Italics omitted.) fn. 6 The subsequent purchaser or encumberer has the burden of showing lack of notice. (Chalmers v. Raras (1962) 200 Cal.App.2d 682, 686 [19 Cal.Rptr. 531]; Manig v. Bachman, supra, 127 Cal.App.2d at p. 223.)
California: Mullin v. Bank of America, 199 Cal. App. 3d 448; 245 Cal. Rptr. 66 (Cal. App. 1st Dist. Div 3, unpub. 1988):
• We also note that ‘[e]very person who has actual notice of circumstances sufficient to put a prudent [person] upon inquiry as to a particular fact, has constructive notice of the fact itself in all cases in which, by prosecuting such inquiry, he [or she] might have learned such fact.’ (Civ. Code, § 19.) The general rule is that possession of real property by one other than the seller is notice sufficient to put an intending purchaser or encumbrancer of property on inquiry as to the rights of the occupant unless under the peculiar circumstances of the case there is no duty to make inquiry. (Three Sixty Five Club v. Shostak (1951) 104 Cal.App.2d 735, 738 [232 P.2d 546]; Asisten v. Underwood (1960) 183 Cal.App.2d 304, 309 [7 Cal.Rptr. 84].)
California: In re Marriage of Cloney, 91 Cal. App. 4th 429; 110 Cal. Rptr. 2d 615; (2001):
• By statute, notice may be actual or constructive. Actual notice is defined as “express information of a fact,” while constructive notice is that “which is imputed by law.” ( Civ. Code, § 18.) (2) “A person generally has ‘notice’ of a particular fact if that person has knowledge of circumstances which, upon reasonable inquiry, would lead to that particular fact.” ( First Fidelity Thrift & Loan Assn. v. Alliance Bank (1998) 60 Cal. App. 4th 1433, 1443 [71 Cal. Rptr. 2d 295]; Civ. Code, § 19; 5 Miller & Starr, Cal. Real Estate (3d ed. 2000) Recording and Priorities, §§ 11:49 to 11:51, 11:58 to 11:59, pp. 129-138, 147-151.)
California: See California Bona Fide Purchaser, Possession, Duty Of Inquiry for a longer list of California cases.
(In a related post that addresses the distinction between deeds that are absolutely void (void ab initio), and deeds that are merely voidable, see Unwinding An Abusive Or Fraudulent Real Estate Transaction? Determining If The Deed Is Void, Or Merely Voidable?)
(Cases that link to FindLaw.com or LexisOne Free Case Law – may require free registration. Unless noted otherwise, any bold text that appears is emphasis that I’ve added, not contained in the original court opinion).
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California Supreme Court Cases
Pell v. McElroy, 36 Cal. 268, 1868 Cal. LEXIS 186 (1868):
• The fact of open, notorious, and exclusive possession and occupation of lands by a stranger to a vendor’s title, as of record, at the time of a purchase from and conveyance by such vendor out of possession, is sufficient to put such purchaser upon inquiry as to the legal and equitable rights of the party so in possession, and such vendee is presumed to have purchased and taken a conveyance from the vendor with full notice of all the legal and equitable rights in the premises of such party in possession and in subordination to these rights; and this presumption is only to be overcome or rebutted by clear and explicit proof on the part of such purchaser, or those claiming under him, of diligent, unavailing effort by the vendee to discover or obtain actual notice of any legal or equitable rights in the premises in behalf of the party in possession. And when the location of the lands is such as to render personal application to and inquiry of the occupant practicable, a purchaser failing to make such application and inquiry is no more entitled to be regarded a purchaser in good faith than if he had so inquired and ascertained the real facts of the case.
• Such, we understand, is the well settled general rule of law in this State, sustained by preponderant authority of American and English Courts. ( Hunter v. Watson, 12 Cal. 363; Lestrade v. Barth, 19 Cal. 675; Dutton v. Warschaur, 21 Cal. 609; Landers v. Bolton, 26 Cal. 393; Fair v. Stevenot, 29 Cal. 486; Killey v. Wilson, 33 Cal. 693; Woods v. Farmere, 7 Watts. 386; Williamson v. Brown, 15 N. Y. 355; Grimstone v. Carter, 3 Paige Ch. 420; Tuttle v. Jackson, 6 Wend. 213; Gouverneur v. Lynch, 2 Paige Ch. 300; Chesterman v. Gardner, 5 Johns. Ch. 29; Buck v. Holloway, 2 J. J. Marshall, 180; Barbour v. Whitlock, 4 Monroe, 196; Hopkins v. Garard, 7 B. Monroe, 312; Pritchard v. Brown, 4 N. H. 404-5; Colby v. Kenniston, 4 N. H. 266; Allen v. Anthony, 1 Merv. 282; Taylor v. Baker, Daniels, 80; 2 Vesey, 437; 13 Vesey, 118; 16 Vesey, 249; 17 Vesey, S. C., 433.)
• In the present case the question arises, whether the fact of open, notorious, and exclusive possession of lands by a vendor thereof, after transfer of his legal title thereto by deed, is sufficient to put a subsequent vendee of the same premises, while so in possession of the original vendor, upon inquiry as to the equitable rights of such original vendor, and subject such subsequent purchaser to the same rules as when a stranger to the title of his vendor, as of record, is in possession. Upon this point, as in regard to the rule heretofore stated, the authorities are somewhat conflicting.
***
• The simple, independent fact of possession is sufficient to raise a presumption of interest in the premises on behalf of the occupant. And we can discover no just or rational ground for giving to this fact less significance as notice to a party purchasing the legal title from one not in possession, in consequence of the fact that such occupant had by deed divested himself of the legal title.
***
• An absolute deed divests the grantor not only of his legal title, but right of possession; and when such grantor is found in the exclusive possession of the granted premises long after the delivery of his deed, here is a fact antagonistic to the fact and legal effect of the deed; and we cannot appreciate the justice, sound reason, or policy of a rule which would authorize a subsequent purchaser, while such fact of possession continues, to give controlling prominence to the fact and legal effect of the deed, in utter disregard of the other notorious prominent antagonistic fact of exclusive possession in the original grantor. He cannot be regarded a purchaser in good faith who negligently or willfully closes his eyes to visible pertinent facts, indicating adverse interest in or incumbrances upon the estate he seeks to acquire, and indulges in possibilities or probabilities, and acts upon doubtful presumptions, when by the exercise of prudent, reasonable diligence he could fully inform himself of the real facts of the case.
***
• We prefer to adopt the more rational doctrine announced by Mr. Justice Selden, in delivering the opinion of the Court in the case of Williamson v. Brown, 15 N. Y., supra. Says that learned Judge: “The true doctrine on this subject is, that when a purchaser has knowledge of any fact sufficient to put him on inquiry as to the existence of some right or title in conflict with that he is about to purchase, he is presumed to have made the inquiry and ascertained the extent of such prior right, or to have been guilty of a degree of negligence equally fatal to his claim to be considered as a bona fide purchaser.”
• The continued exclusive possession of a vendor after his formal conveyance of the legal title is a fact in conflict with the legal effect of his deed, and is presumptive evidence that he still retains an interest in the premises, and is sufficient to put a purchaser upon inquiry, and subject him to the general rule heretofore announced in case of the party in possession being a stranger to the title as of record.
Scheerer v. Cuddy, 85 Cal. 270, 24 P. 713; (Cal. 1890):
• The actual possession of the premises by the appellant was sufficient to put the respondent upon inquiry as to the nature and extent of its claim. (Pell v. McElroy, 36 Cal. 268; O’Rourke v. O’Connor, 39 Cal. 446; Moss v. Atkinson, 44 Cal. 9, 17; Hunter v. Watson, 12 Cal. 363; 73 Am. Dec. 543; Lestrade v. Barth, 19 Cal. 660, 675; Dutton v. Warschauer, 21 Cal. 610; 82 Am. Dec. 765.)
• The effect of such possession, and the diligence required of the vendee to ascertain the extent of the claim of the party in possession, is thus clearly stated in Pell v. McElroy, 36 Cal. 268.
• The fact of open, notorious, and exclusive possession and occupation of lands by a stranger to a vendor’s title, as of record at the time of a purchase from and conveyance by such a vendor out of possession, is sufficient to put such purchaser upon inquiry as to the legal and equitable rights of the party so in possession, and such vendee is presumed to have purchased and taken a conveyance from the vendor with full notice of all the legal and equitable rights in the premises of such party in possession and in subordination to these rights, and this presumption is only to be overcome or rebutted by clear and explicit proof on the part of such purchaser, or those claiming under him, of diligent, unavailing effort by the vendee to discover or obtain actual notice of any legal or equitable rights in behalf of the party in possession.
• And when the location of the land is such as to render personal application to and inquiry of the occupant practicable, a purchaser failing to make such application and inquiry is no more entitled to be regarded a purchaser in good faith than if he had so inquired and ascertained the real facts of the case.
• Whether the respondent knew of the appellant’s possession, or not, is immaterial. It was his duty to know who was in possession of the property before making the purchase, and his purchase without ascertaining the fact must be regarded as the strongest evidence of bad faith on his part. The burden of making the proper inquiry was cast upon him by the mere fact of actual possession on the part of the appellant.
• If it were allowed that by failing to acquaint himself with the fact of possession on the part of another than the vendor the vendee could avoid the effect of the rule above stated, he could purposely avoid any inquiry on the subject, and thereby evade the rule and its consequences entirely.
Hyde v. Mangan, 88 Cal. 319, 26 P. 180; (1891) (applied bona fide purchaser doctrine in the context of an equitable mortgage):
• The plaintiff came into court in this action with full notice of all the rights and equities existing between the railroad company and the defendants, and between Brownstone and his assignees and the defendants; for the defendants were in the open, notorious, and exclusive possession of this land at all these times, and plaintiff made no inquiry to ascertain the rights or claims of defendants, and he is in no better position, and no more entitled to be regarded as a purchaser in good faith than if he had so inquired and ascertained the real facts of the case. (Pell v. McElroy, 36 Cal. 268; Bank of Mendocino v. Baker, 82 Cal. 114; Scheerer v. Cuddy, 85 Cal. 273.) Neither could the plaintiff be recognized as a bona fide purchaser from his assignor, Erlanger, upon the additional ground that in the sale of equitable interests the principle of bona fide purchasers has no standing. (Taylor v. Weston, 77 Cal. 534.)
Emeric v. Alvarado, 90 Cal. 444, 27 P. 356 (1891):
• It is to be observed that the statute makes no exception in favor of a party in possession; and the courts had to exercise some liberality of construction to make such exception. The philosophy upon which it was founded was this: That where a third party was in the open and conspicuous possession of the land conveyed, with nothing to indicate that he was not holding adversely to the grantor, the grantee, although a purchaser “for a valuable consideration,” should not, in view of such pronounced hostile possession, be deemed to be a purchaser “in good faith.” But the authorities on the subject in this state, many of which are cited in the briefs, go only this far: that such possession is evidence of notice, and puts the purchaser on inquiry. It is not, ipso facto, notice, but merely evidence tending to show notice.
• The first thorough discussion of the subject in this state is to be found in Hunter v. Watson, 12 Cal. 363; 73 Am. Dec. 543. In that case the learned Justice Baldwin, in delivering the opinion of the court, says that the question is “full of embarrassment,” and comes to a conclusion with great hesitancy. He suggests “whether the statutes of registration should not be thoroughly revised, so as to secure uniform and certain rules for the disposition and protection of real estate in the future.” After reviewing the authorities, he says that “some of the cases hold that mere possession is actual notice, and will not suffer any proof to be made to the contrary; others, and perhaps the greater number, hold that it is only a presumption of notice, which may be rebutted; and others, again, hold that the possession is not so much notice of the title of the holder, as a circumstance which should put the purchaser on inquiry”; and the utmost conclusion to which he comes is, that “open, notorious possession of real estate, by one having an unrecorded deed for it, is evidence of notice to a subsequent purchaser of the first vendee’s title,” and that “the possession must exist at the time of the acquisition of title or deed of the subsequent vendee.
• “The rule, however, was modified and more fully explained in subsequent cases. Fair v. Stevenot, 29 Cal. 489, is a leading case on the subject. In that case Mr. Justice Rhodes, delivering the opinion of the court, discusses the question very thoroughly, and says, among other things, as follows: “The fact of possession is only evidence tending to prove notice. Neither the recorded deed in the one case, nor the possession of the grantee of the unrecorded deed in the other, is the ultimate fact, but notice is the ultimate fact to be established by the evidence. Upon proof being made of the record of the deed, the notice necessarily results by operation of law; but not so upon proof of the possession, for the possession may be taken and held in such various modes, and accompanied by so many qualified circumstances, that each case must depend upon its own peculiar features, and therefore proof of possession is not decisive, without regard to the other facts of the case.” In Pico v. Gallardo, 52 Cal. 206, the court cites Fair v. Stevenot, 29 Cal. 489, and says: “The court below found that at the date of the sale and conveyance to plaintiff, the defendants were in possession of the demanded premises. Such possession was not notice of the defendants’ equities, but only evidence tending to prove notice.” Smith v. Yule, 31 Cal. 180, 89 Am. Dec. 167, is also to the same point, and the opinion in that case is very full and instructive. (See also Thompson v. Pioche, 44 Cal. 516.) The above cases state the true rule, and a close examination of the other California cases will disclose nothing in conflict therewith, although there is a dictum to the contrary in Talbert v. Singleton, 42 Cal. 395.
Davis v. Ward, 109 Cal. 186, 41 P. 1010 (1895):
• The authorities leave somewhat doubtful the point whether one setting up the defense of subsequent purchase in good faith without notice must show that he had no notice ( Pearce v. Foreman, 29 Ark. 568); but the general rule clearly is that he must affirmatively show a purchase for value and that the purchase money had been paid before notice. There might perhaps be peculiar circumstances — such as investments for improvement of the property, etc., so that a purchaser could not be put in statu quo — which would take a purchase made wholly or partly upon credit out of the rule, but the general rule is as above stated. ( Eversdon v. Mayhew, 65 Cal. 167; Scott v. Umbarger, 41 Cal. 419; Combination Land Co. v. Morgan, 95 Cal. 552; Isenhoot v. Chamberlain, 59 Cal. 639; Boone v. Chiles, 10 Pet. 210; Wells v. Morrow, 38 Ala. 128; Jewett v. Palmer, 7 Johns. Ch. 68; 11 Am. Dec. 401.) In Eversdon v. Mayhew, supra, this court speaking of one claiming protection as bona fide purchaser declares that he must aver and prove “the payment of the purchase money in good faith, and without notice, actual or constructive, prior to and down to the time of its payment, for if he had notice, actual or constructive, at any moment of time before the payment of the money, he is not a bona fide purchaser.”
Schumacher v. Truman, 134 Cal. 430, 66 P. 591 (1901):
• The rule that one who purchases land, which is not at the time in the possession of his vendor, takes the same in subordination to the rights of another who is in its actual possession, is subject to the qualification that such actual possession must not only be open and notorious, but also that it be exclusive, and inconsistent with the record title. ( Smith v. Yule, 31 Cal. 180; Staples v. Fenton, 5 Hun, 172; Pope v. Allen, 90 N. Y. 298; Holland v. Brown, 140 N. Y. 344; Rankin v. Coar, 46 N. J. Eq. 566; Ellison v. Torpin, 44 W. Va. 414; Munn v. Achey, 110 Ala. 628; Lance v. Gorman, 136 Pa. St. 200) Such possession is not, of itself, notice, but merely evidence tending to prove notice sufficient to put the purchaser on inquiry (Emeric v. Alvarado, 90 Cal. 471); and “inquiry does not become a duty when the apparent possession is consistent with the title appearing of record.” ( Smith v. Yule, 31 Cal. 180.) “What makes inquiry a duty is such a visible state of things as is inconsistent with a perfect right in him who proposes to sell.” ( Meehan v. Williams, 48 Pa. St. 238.) “The rule is universal, that if the possession be consistent with the recorded title, it is no notice of an unrecorded title.” ( Kirby v. Tallmadge, 160 U.S. 379.) If the actual possession is consistent with the record title, it will be presumed to be under that title and referable thereto. (Plumer v. Robertson, 6 Serg. & R. 179; Dutton v. McReynolds, 31 Minn. 66; Harding v. Seeley, 148 Pa. St. 20.)
• Under these principles, it must be held that the possession of the land by a tenant of the plaintiff did not give any notice to Truman of the plaintiff’s claim derived under the unrecorded agreement between him and his wife. By the terms of the judgment in the divorce suit, the plaintiff and his wife became tenants in common of the land, and upon the recording of that judgment, notice was given to the world of the character and extent of their respective interests therein. There was thereafter no change in the character of the plaintiff’s possession, nor did he in any manner indicate that his possession was hostile to the claim of his co-tenant. The possession by his tenant was no greater notice of his claim of title than would have existed if he himself had been in the actual occupation of the land. By virtue of being a co-tenant with his former wife, he was entitled, as against every one except her, to the possession of the whole of the land. But such possession was at the same time the possession of his co-tenant, and is presumed to have been in her interest and for her benefit, as well as for himself. (Freeman on Cotenancy, sec. 167; Unger v. Mooney, 63 Cal. 586; Wilcox v. Loominster National Bank, 43 Minn. 541.) As he was therefore entitled to the possession of the whole of the land, his possession was consistent with the record title, and Truman had the right to assume that such possession was in accordance with that title, and was not required to inquire of him whether he had some unrecorded claim in addition thereto. ( McNeil v. Polk, 57 Cal. 323.)
Kenniff v. Caulfield, 140 Cal. 34, 73 P. 803 (1903):
• In order to defeat the claim of plaintiff under the prior deed, it was incumbent upon the defendant to prove, that he was a bona fide purchaser of the premises in dispute; that he had paid a valuable consideration therefor, and without notice of plaintiff’s claim. The burden in that respect was upon him. To entitle a party to protection as such a purchaser, he must aver and prove the possession of his grantor, the purchase of the premises, the payment of the purchase money in good faith, and without notice, actual or constructive, prior to and down to the time of its payment, for, if he had notice, actual or constructive, at any moment of time before the payment of the money, he is not a bona fide purchaser. ( Eversdon v. Mayhew, 65 Cal. 167; Davis v. Ward, 109 Cal. 190; County Bank of San Luis Obispo v. Fox, 119 Cal. 64.)
Taber v. Beske, 182 Cal. 214, 187 P. 746 (1920):
• The finding that Mary Beske was in actual, open, exclusive, and adverse possession of the lot, by herself and her tenants, at the time Taber bought and paid for the lot, put him on inquiry as to her rights and claims upon the property and charged him with knowledge of all that such inquiry, if pursued, might have developed. ( Bryan v. Ramirez, 8 Cal. 467, [68 Am. Dec. 340]; Dreyfus v. Hirt, 82 Cal. 625, [23 Pac. 193]; Fair v. Stevenot, 29 Cal. 489; Stonesifer v. Kilburn, 122 Cal. 664, [55 Pac. 587]; Woodson v. McCune, 17 Cal. 304;Scheerer v. Cuddy, 85 Cal. 270, [24 Pac. 713]; Beattie v. Crewdson, 124 Cal. 579, [57 Pac. 463].) His actual knowledge is, therefore, not necessary to support the judgment.
Bessho v. General Petroleum Corp., 186 Cal. 133, 199 P. 22 (1921):
• In Scheerer v. Cuddy, 85 Cal. 270, [24 Pac. 713], the property was an office building. The owner leased some of the rooms to a lodge. These rooms were kept locked. The purchaser assumed the lodge-rooms were vacant. The court, in holding that the purchaser was to be charged with notice of the lessee’s possession, said: “It was his duty to know who was in possession of the property before making the purchase, and his purchase without ascertaining the fact must be regarded as the strongest evidence of bad faith on his part. The burden of making the proper inquiry was cast upon him by the mere fact of actual possession on the part of the appellant. If it were allowed that by failure to acquaint himself with the fact of possession on the part of another than the vendor, the vendee could avoid the effect of the rule above stated, he could purposely avoid any inquiry on the subject, and thereby evade the rule and its consequences entirely.”
Follette v. Pacific Light & Power Corp., 189 Cal. 193, 208 P. 295 (1922):
• [T]he actual possession and occupancy of the property imparts notice of the right of the possessor and occupant to those who undertake to deal with the property or the title thereto while such actual possession and occupancy exists. That under that rule a subsequent purchaser, even though he had paid full value for the property, could not be a purchaser in good faith under such circumstances, is borne out by the uniform course of decisions in this state from the very beginning of our judicial history. ( Stafford v. Lick, 7 Cal. 479; Partridge v. McKinney et al., 10 Cal. 181; Morrison v. Wilson, 13 Cal. 494 [73 Am. Dec. 593]; Lestrade v. Barth, 19 Cal. 660; Landers v. Bolton, 26 Cal. 393; Killey v. Wilson, 33 Cal. 690; Pell v. McElroy et al., 36 Cal. 268; Jones v. Marks, 47 Cal. 242; Pacific Mutual etc. Co. v. Stroup, 63 Cal. 150; Dreyfus v. Hirt, 82 Cal. 621 [23 Pac. 193]; Scheerer v. Cuddy, 85 Cal. 270 [24 Pac. 713]; Hyde v. Mangan, 88 Cal. 319 [26 Pac. 180]; Security Loan etc. Co. v. Willamette etc. Co. et al., 99 Cal. 636 [34 Pac. 321]; Bessho v. General Petroleum Co., 186 Cal. 133 [199 Pac. 22].)
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• This concept of the importance of possession as notice of the rights and interests of the possessor has been firmly engrafted upon our American system of jurisprudence. In Washburn on Real Property, volume 3, page 292 (sixth edition), it is stated that “the courts in many states hold that open, notorious, exclusive, unequivocal and visible possession by a grantee in a deed is to be deemed notice of its having been made.” The courts of California are in the list of those cited by the learned author in support of this doctrine. It was held in a very early period in our judicial history that “The fact of open, notorious, and exclusive possession and occupation of lands by a stranger to a vendor’s title, as of record at the time of a purchase from and conveyance by such a vendor out of possession, is sufficient to put such purchaser upon inquiry as to the legal and equitable rights of the party so in possession, and such vendee is presumed to have purchased and taken a conveyance from the vendor with full notice of all the legal and equitable rights in the premises of such party in possession and in subordination to these rights.” (Pell v. McElroy, supra.) And this court in the same case further held that “he cannot be regarded a purchaser in good faith who negligently or willfully closes his eyesto visible pertinent facts, indicating adverse interest in or encumbrances upon the estate he seeks to acquire, and indulges in possibilities or probabilities, and acts upon doubtful presumptions, when by the exercise of prudent, reasonable diligence he could fully inform himself of the real facts of the case.”
• In the case of Scheerer v. Cuddy, supra, this court said: “Whether the respondent knew of the appellant’s possession, or not, is immaterial. It was his duty to know who was in possession of the property before making the purchase, and his purchase without ascertaining the fact must be regarded as the strongest evidence of bad faith on his part. The burden of making the proper inquiry was cast upon him by the mere fact of actual possession on the part of the appellant. If it were allowed that by failing to acquaint himself with the fact of possession on the part of another than the vendor the vendee could avoid the effect of the rule above stated, he could purposely avoid any inquiry on the subject, and thereby evade the rule and its consequences entirely.”
• In the recent case of Bessho v. General Petroleum Co., supra, the foregoing language from the case last above cited was quoted and approved. It must, therefore, be taken to be the long and well-settled law of this state that the actual, open, notorious and visible possession and occupancy of real property imparts notice to those dealing with the title thereto of the rights and interests of such possessor and that a person attempting to obtain title to such premises with such knowledge, or duty to acquire such knowledge, as such notice imparts, cannot as to such possessor be or become a bona fide purchaser thereof to the extent of being able to assert a better right or title thereto than that which his predecessors had or could have asserted.
Gibbons v. Yosemite Lumber Co., 190 Cal. 168, 211 P. 4 (1922):
• [A] possessor of land using the same for pasturage could neither be expected nor required to continuously keep his stock upon his land after its feed was gone in order to avail himself of his rights of possession dependent upon his use of the premises for pasturage. ( Coryell v. Cain, 16 Cal. 573; Webber v. Clarke, 74 Cal. 11 [15 Pac. 431]; Brumagin v. Bradshaw, 39 Cal. 24.)
• In the case last cited the court says (p. 46): “The general principle which underlies all this class of cases is, that the acts of dominion must be adapted to the particular land, its condition, locality and appropriate use.” The controlling factors in the instant case are: that the plaintiff was actually residing upon the land and was actually using it for the purposes to which it was adapted, viz.: that of pasturage, and that he was maintaining his exclusive possession thereof by keeping the stock of all others off the land. We are of the opinion that these facts as shown in the evidence sufficiently prove such actual and exclusive occupancy of the entire tract of forty acres of the land as to amount to possessio pedis, and, as such, sufficient to impart notice to the purchaser of the plaintiff’s rights and equities therein.
J. R. Garrett Co. v. States, 3 Cal.2d 379 [44 P.2d 538] (1935):
• As a general rule, possession of real property is constructive notice to any intending purchaser or encumbrancer of said property. This rule is so well established that citation of authority is hardly necessary.
• We mention, however, the case of Follette v. Pacific L. & P. Co., 189 Cal. 193, 205 [208 P. 295, 23 A.L.R. 965], where a long list of authorities is cited. This rule applied even in the case of a grantor remaining in possession after execution and delivery of a deed to his vendee. (Pell v. McElroy, 36 Cal. 268, 272, 274; O’Rourke v. O’Connor, 39 Cal. 442; Taber v. Beske, 182 Cal. 214, 216 [187 P. 746]; Hopkins v. Garrard, 7 B. Mon. (Ky.) 312.)
• In Pell v. McElroy, supra, the question presented in the instant case was before the court, as appears from the following quotation from the opinion in that case: “In the present case the question arises, whether the fact of open, notorious, and exclusive possession of lands by a vendor thereof, after transfer of his legal title thereto by deed, is sufficient to put a subsequent vendee of the same premises, while so in possession of the original vendor, upon inquiry as to the equitable rights of such original vendor, and subject such subsequent purchaser to the same rules as when a stranger to the title of his vendor, as of record, is in possession.”
• Continuing, the court, on page 274 [36 Cal.], says: “An absolute deed divests the grantor not only of his legal title, but right of possession; and when such grantor is found in the exclusive possession of the granted premises long after the delivery of his deed, here is a fact antagonistic to the fact and legal effect of the deed; and we cannot appreciate the justice, sound reason, or policy of a rule which would authorize a subsequent purchaser, while such fact of possession continues, to give controlling prominence to the fact and legal effect of the deed, in utter disregard of the other notorious prominent antagonistic fact of exclusive possession in the original grantor. He cannot be regarded a purchaser in good faith who negligently or willfully closes his eyes to visible pertinent facts, indicating adverse interest in or incumbrances upon the estate he seeks to acquire, and indulges in possibilities or probabilities, and acts upon doubtful presumptions, when by the exercise of prudent, reasonable diligence he could fully inform himself of the real facts of the case.”
• In the concluding paragraph of the opinion the court reiterates the rule as follows: “The continued exclusive possession of a vendor after his formal conveyance of the legal title is a fact in conflict with the legal effect of his deed, and is presumptive evidence that he still retains an interest in the premises, and is sufficient to put a purchaser upon inquiry, and subject him to the general rule heretofore announced in case of the party in possession being a stranger to the title as of record.” The case of Pell v. McElroy, supra, is cited with approval in many cases decided by this court.
• The same principle is expressly approved in Taber v. Beske, supra. In that case Mrs. Beske, an ignorant woman, desired to borrow the sum of $500 upon a lot owned by her. She so informed one Horsford, who fraudulently prepared a power of attorney in his favor, and represented to her it was a mortgage on her lot to secure the payment of $500. She, relying upon his statement and without reading the power of attorney, signed it, and Horsford gave her the sum of $500. After a short visit to her old home in Europe she returned to her home here, and ever since that time had been in possession and occupancy of said lot, either in person or through her tenants. Horsford, acting under his power of attorney, conveyed the lot to one Dennison, who paid no consideration and who knew that the conveyance was unauthorized. Thereafter, and while defendant Beske was in the possession of said lot, Horsford and Dennison conveyed the lot to plaintiff for a valuable consideration. The trial court found that plaintiff acquired title to said real property with notice of the defendant’s rights therein and rendered judgment in favor of the defendant. In affirming the judgment this court said (p. 217 [182 Cal.]): “Appellant contends that there is no evidence to support the finding that Taber, at the time he purchased and received the deed, was informed of the power of attorney and the circumstances of its execution. The finding that Mary Beske was in actual open, exclusive, and adverse possession of the lot, by herself and her tenants, at the time Taber bought and paid for the lot, put him on inquiry as to her rights and claims upon the property and charged him with knowledge of all that such inquiry, if pursued, might have developed.”
• In Hopkins v. Garrard, supra, the opinion delivered by Chief Justice Marshall states the law upon this question as follows: “But the fact that, notwithstanding his deed to Hopkins, which acknowledged full payment, Garrard, the grantor, remained in possession of the land, was an indication that he had or claimed some interest in the land, and should have put the subsequent vendees on an inquiry, by which they would have easily learned that the purchase money was, in fact, unpaid, and probably that Garrard was holding the possession as security for it. On the ground of notice, therefore, implied from the possession, the lien of Garrard for his purchase money is considered effectual against the subsequent purchase, even beyond the effect of the lis pendens.”
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California Courts of Appeal
Campbell v. Grennan, 13 Cal. App. 481; 110 P. 156 (Cal. App. 3d Dist. 1910):
• It is conceded that defendants were also in possession of the disputed strip, but the rule is invoked that requires open, notorious and exclusive possession to impute to the purchaser of the record title notice of undisclosed equities in favor of another person. The authorities seem to be uniform as to this legal proposition. It is stated in Smith v. Yule, 31 Cal. 185, [89 Am. Dec. 167], as follows: “Where the vendor is in the apparent possession, the subsequent purchaser, finding the title of record in the vendor, is put upon no further inquiry, because the possession appears to be according to the title; and if at the same time another person is also in possession, there is no presumption of title in him inconsistent with that found in the vendor. . . . The subsequent purchaser is not justly chargeable with fraud in failing to make inquiry for a prior unrecorded conveyance, unless there is some fact or circumstance apparent to his observation, calculated to excite the suspicion of a prudent man dealing with the property, that a prior conveyance has been made. The existence of such a conveyance would not be suggested by the possession of a third person, while the vendor held the title appearing of record and was in the apparent possession.” Other cases are cited to the same effect.
***
• In the Smith case, supra, the vital fact is disclosed in the statement given in the syllabus: “If the owner of a lot in a city occupies part of a house on the same, and another person occupies the remainder of the house, and while this occupation of both continues the owner conveys to this other person whose deed is not recorded, and then conveys to a third person whose deed is first recorded, the possession of the one having the unrecorded deed is not sufficient to give notice to the subsequent purchaser,” and this, for the reason that the possession appears to be according to the title.
• In Taylor v. Central Pac. R. R. Co., 67 Cal. 615, [8 Pac. 436], it was held upon conflicting evidence that the claimant had not settled upon nor improved the land in controversy, and it appeared that the subsequent applicant had no knowledge that any portion of the land had been inclosed by plaintiffs or that they had made any application for the purchase thereof, the contest involving the question as to whether plaintiffs or the defendant Davis should be preferred as the purchaser of certain land belonging to said company.
• In Schumacher v. Truman, 134 Cal. 430, [66 Pac. 591], it was held that “the possession of a tenant of the divorced husband after the decree of divorce must be presumed to be the possession of the divorced wife, as a tenant in common with him, and is consistent with and not adverse to the record title of the divorced wife, and did not put the purchaser from her upon inquiry as to any equitable rights of the divorced husband under the unrecorded agreement.” This, of course, must follow from the principle that either of the cotenants was entitled to the possession of the whole of the land as against everyone except his cotenant and that the possession of one cotenant is presumed to be for his benefit and also for that of his cotenant. His possession or that of his tenant would therefore be no notice of any hostility to the title of his cotenant.
• In Harris v. McIntyre et al., 118 Ill. 275, [8 N. E. 182], it appears that the owner of the legal title was permitted “to exercise, so far as the public could see, exclusive control and management of the farm and its products,” without objection by the claimant of the equitable title, or the assertion of any right on her behalf, “while she to all appearances was simply the housekeeper for her brother, and as far as shown by the proof, apparently, to the world, occupied the premises in no other capacity.”
• In the case of Lindley v. Martindale, 78 Iowa, 379, [43 N. W. 233], the title to the lands was in a son of the plaintiff, who resided on a portion of them, while plaintiff and her husband resided on another portion, but the lands had for a long time been cared for by both the husband and the son. It was justly held that one who, upon being told that the title was all right in the son, took a mortgage from the son to secure a loan which was used for the most part to pay off prior encumbrances placed on the land by the son, was not charged with the alleged equities of plaintiff by reason of her claimed possession of the land. Since the son exercised acts of ownership jointly with his father, it negatived any inference that might arise from the existence of separate residences. Besides, it was decided that the plaintiff was estopped by her conduct from setting up the claim of any equitable interest in the premises.
• In Atwood v. Bearss, 47 Mich. 72, [10 N. W. 112], it was held that the fact that the husband lived on the premises with his wife did not constitute notice of an unrecorded deed from her to him.
• Wells v. Am. Mort. Co., 109 Ala. 430, [20 South. 136], is to the same effect, where it is declared that “The possession of land by the grantee, holding under an unrecorded deed together with her grantor, is not constructive notice of the unrecorded deed to a subsequent purchaser.”
• In Pope v. Allen, 90 N.Y. 298, it also appeared that both defendant and P. lived upon the land at the time of the conveyance to plaintiff and apparently occupied it jointly. Plaintiff had no actual notice of defendant’s rights. “Held, that as P. had the record title the proper inference was that defendant’s possession was under him and in subordination to his title.”
• McCarthy v. Nicrosi, 72 Ala. 332, [47 Am. Rep. 418], and Townsend v. Little, 109 U.S. 504, [3 Sup. Ct. Rep. 357], likewise present the situation of a joint occupancy.
Olson v. Cornwell, 134 Cal. App. 419; 25 P.2d 879 (Cal. App. 1st Dist. Div.1 1933):
• Where a plaintiff asserts title under a prior unrecorded deed, and the defendant claims under a recorded deed, the burden is upon the latter to prove that he is a purchaser in good faith for a valuable consideration and without notice, actual or constructive, prior and down to the time of payment (Kenniff v. Caulfield, 140 Cal. 34 [73 P. 803]; Bell v. Pleasant, 145 Cal. 410 [78 P. 957, 104 Am. St. Rep. 61]). A mortgage comes within the same rule, and the law protects or defeats both alike (18 Cal. Jur., Mortgages, sec. 421, p. 114; Prouty v. Devin, 118 Cal. 258 [50 P. 380]).
Basch v. Tidewater Associated Oil Co., 49 Cal. App. 2d Supp. 743; 121 P.2d 545 (App. Div. Super. Ct. San Francisco, 1942):
• The law has long been settled in this state that possession of land by one other than the vendor is notice, or at least evidence of notice, to an intending purchaser sufficient to put him on inquiry as to the right, title or interest of the occupant unless, under the peculiar circumstances of the case, there is no duty to make inquiry.
• The authorities also hold that such notice resulting from possession is the same in effect as the notice imputed by the recording acts. (66 C. J., pp. 1165, 1166.) Records are but constructive notice of a title of which they enable a party to obtain actual notice or knowledge by means of search or inquiry. ( Garber v. Gianella, 98 Cal. 527, 529 [33 P. 458].)
• It is also settled that if the circumstances as to possession are such as to put a purchaser on inquiry he is chargeable with knowledge of all that a reasonably diligent inquiry as to the rights and claims of the occupant might have disclosed. (25 Cal. Jur., pp. 834-836.) The same doctrine must on principle be applicable when the prospective purchaser knows of an outstanding lease on the property although the lessee is not in possession of the property.
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• It is true that there are a few cases to the contrary such as the Texas case cited by respondents. But as was said in the well considered Nebraska case of Dengler v. Fowler, 94 Neb. 621 [143 N.W. 944], the minority doctrine is based on the “isolated” Texas case of Hamilton v. Ingram, 13 Tex. Civ. App. 604 [35 S.W. 748]. As the Nebraska court said [94 Neb. 621 (143 N.W. 944)]:
• “The decisions generally, however, announce a contrary doctrine. The possession of a tenant is not only notice to the world of his rights as lessee, but is notice of all other interests of which inquiry would elicit knowledge. A purchaser of land, in possession of a lessee who was not asked about his interests in the demised premises, is bound by all of the equities enforceable by the lessee against the vendor.” Although in the instant case the lessee was not in possession of the property the lessor’s knowledge of the lease had the same result as possession, since, as pointed out above, the two circumstances are equally effective in imposing on a prospective purchaser the duty to make inquiry.
Pacific Gas & Elec. Co. v. Minnette (1953) 115 Cal.App.2d 698 [252 P.2d 642]:
• ‘Possession of land is notice to the world of every right that the possessor has therein, legal or equitable; it is a fact putting all persons on inquiry as to the nature of the occupant’s claims.’ [Citation.] ‘Except in so far as the rule has been varied by statute, actual possession of land is such notice to all the world, or to anyone having knowledge of such possession, as will put on inquiry those acquiring title or a lien on the land to ascertain the nature of the right that the occupant has in the premises. The presumption is that inquiry of the possessor will disclose how and under what right he holds possession, and, in the absence of such inquiry, the presumption is that, had such inquiry been made, the right, title, or interest under which the possessor held would have been discovered.
• The notice which the law presumes has been held to be actual, and not merely constructive, notice. Possession is notice not only of whatever title the occupant has but also of whatever right he may have in the property, and the knowledge chargeable to a person after he is put on inquiry by possession of land is not limited to such knowledge as would be gained by examination of the public records.’ [Citations.]
Johnson v. Cella, 122 Cal. App. 2d 72; 264 P.2d 98 (Cal. App. 3d Dist. 1953):
• In an action of this kind the subsequent grantee who claims protection as a bona fide purchaser is entitled to such protection unless it is established that he is chargeable with actual or constructive notice of the existence of the easement. (Kenniff v. Caulfield, supra; Powers v. Perry, 12 Cal.App. 77 [106 P. 595].) “Every person who has actual notice of circumstances sufficient to put a prudent man upon inquiry as to a particular fact, has constructive notice of the fact itself in all cases in which, by prosecuting such inquiry, he might have learned such fact.” (Civ. Code, § 19.) He is bound to take notice of facts which a reasonable inspection of the land would disclose to him and to make further inquiry when something is visible that would suggest such a course to a prudent person, possessing ordinary faculties. (Pollard v. Rebman, 162 Cal. 633 [124 P. 235]; Rubio Canon etc. Assn. v. Everett, supra; Powers v. Perry, supra.)
Asisten v. Underwood (1960) 183 Cal.App.2d 304 [7 Cal.Rptr. 84]:
• It is a general rule that possession of real property is constructive notice to any intending purchaser or encumbrancer of the property of all the rights and claims of the person in possession which would be disclosed by inquiry. (Pell v. McElroy, 36 Cal. 268, 272.)
• This rule is extended to the case of a grantor remaining in possession after execution and delivery of a deed to his vendee and a subsequent purchaser of the same property must inquire into the equitable rights of the original vendor. (Pell v. McElroy, supra; J. R. Garrett Co. v. States, 3 Cal.2d 379 [44 P.2d 538].)
• The same rule was applied in Taber v. Beske, 182 Cal. 214, 217 [187 P. 746], where the court said: “Appellant contends that there is no evidence to support the finding that Taber, at the time he purchased and received the deed, was informed of the power of attorney and the circumstances of its execution. The finding that Mary Beske was in actual, open, exclusive, and adverse possession of the lot, by herself and her tenants, at the time Taber bought and paid for the lot, put him on inquiry as to her rights and claims upon the property and charged him with knowledge of all that such inquiry, if pursued, might have developed. (Citations.) His actual knowledge is, therefore, not necessary to support the judgment.”
Saxon v. Du Bois, 209 Cal. App. 2d 713; 26 Cal. Rptr. 196 (Cal. App. 1st Dist. Div.3, 1962):
• Whether defendant knew of the possession by Daut of the pipe and catch basin is immaterial. It was her duty to know before making the purchase, else the purchaser could purposely avoid any inquiry on the subject and thereby defeat the rule of notice by possession. (Follette v. Pacific Light & Power Corp., 189 Cal. 193, 213 [208 P. 295, 23 A.L.R. 965]; Scheerer v. Cuddy, 85 Cal. 270, 273 [24 P. 713]; Wineberg v. Moore, 194 F.Supp. 12, 16, 17; Beverly Hills Nat. Bank v. Seres, 76 Cal.App.2d 255, 263 [172 P.2d 894].)
Evans v. Faught, 231 Cal. App. 2d 698; 42 Cal. Rptr. 133 (Cal. App. 1st Dist. Div 1, 1965):
• Such finding and conclusion were, moreover, in accordance with the cases which, in construing section 1214, fn. 8 have held that an unrecorded lease is not void as against a purchaser who has notice of the lease or such notice as should pu
FDN SCORES VICTORY AGAIN IN NEW JERSEY: COURT VACATES SUMMARY JUDGMENT AND ASKS HOW CAN THE PLAINTIFF FORECLOSE ON A MORTGAGE OSTENSIBLY ASSIGNED TO IT (BY MERS) AFTER THE ASSIGNOR HAD ALREADY ASSIGNED THE MORTGAGE TO ANOTHER ASSIGNEE?
January 18, 2010
January 18, 2010
FDN attorneys Jeff Barnes, Esq. and local NJ counsel Michael Jacobson, Esq. have scored a stunning victory in New Jersey resulting in the reversal of a previously entered summary judgment and where the court made significant findings as to factual issues surrounding what appears to have been a double assignment by MERS first to CitiMortgage and then to IndyMac. Although the 5-page written trial court opinion is unpublished, the decision cites applicable New Jersey Rules of Civil Procedure and decisional law applied to the facts of the case.
Plaintiff IndyMac had alleged that it was the current holder of the note and mortgage. In granting the borrower’s Motion to Vacate the previously entered summary judgment, the court determined that the lack of clarity in the assignment history warranted vacatur of the summary judgment. As the Motion to Vacate was granted under Rule 4:50-1(f), the one-year limitation to file such a motion was found not to apply.
The court found that the plaintiff had still not established the assignment history of the mortgage as required by Rule 4:64-1(b)(10), and this was a “substantial factual issue” because the plaintiff is required, at the very least, to provide proof of standing to foreclose by some evidence that it has a “stake in the outcome of the action”. The court also found that whether MERS, as nominee, is not in a position to assign the mortgage is a “substantial issue in and of itself” which the courts in New Jersey have not yet addressed.
The court held that based on the alleged assignment history recited by the plaintiff in its amended complaint for foreclosure, MERS as nominee for IndyMac assigned the mortgage to the plaintiff approximately 20 months AFTER it had already assigned the mortgage to MERS as nominee for CitiMortgage, Inc. The court thus stated: “How the plaintiff can foreclose on a mortgage ostensibly assigned to it after the assignor had already assigned the mortgage to another assignee is certainly a triable issue”.
The opinion is consistent with the plethora of opinions previously issued by the United States Supreme Court and the state courts of New York, Ohio, California, and other jurisdictions which have repeatedly held that it is the burden of the plaintiff, in a foreclosure action, to demonstrate that it has standing to foreclose by providing evidence that it has a stake in the outcome of the foreclosure action.
Jeff Barnes, Esq., http://www.ForeclosureDefenseNationwide.com
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It would be interesting and educational to see the 5 pages court opinion on this case. Is there someone in NJ close to the Court House to take a look at it ? Court pleadings are public information/
you know something occurs to me, in nonjudicial foreclosure states like california the legislature likes to pitch the theory that nonjudicial foreclosure by publication promotes competitive bidding, increasing the chances of substantial leftover proceeds that the homeowner might be entitled to. well in areas where it’s obvious that the homes market value exceeds the amount of the defaulted debt the bloodsucking lender/servicer perceives this apparent fact as a potential threat to its expected profits, so it makes the auction as unattractive as possible. what better way to make a foreclosure less attractive than to have some shell company with an expired license and no record authority declare a default irregularities such as these drastacly reduces the number of potential bidders. take Quality Loan Service Corp for instance in a california published case Pro Value v Quality, they were permitted to void their own Trustee’s Sale after discovering it had failed to record a Sustitution of Trustee, most likely because to permitt the sale wouldn’t have been in the best financial interests of whoever was under the shell. so what’s stopping them from discovering that they made the same mistake on tens of thousands of homes it’s currently foreclosing on?… it’s against public policy to permit the assumed trustee void a sale for specific irregularities where it deems appropriate and then deny a homeowner the ability to do the same….
Qoute:
The thing that kills me is that I had thought if you show up “pro se” and at least halfway prepared, the judge is supposedly supposed to act as your ADVOCATE. Not your adversary. In other words allowing a broader scope of what can be said/presented to make a case.
This is the biggest potential problem with acting pro se. The pro se litigant does not always know the law and may lose significant rights because of that.
Every court will prohibit the judge from acting as your advocate. How can the judge be impartial if it is also your advocate?
The laws state that pro se clients are to held to know the laws — substantive, procedural and evidentiary — as well as an attorney. With that said, I’ve seen many judges give pro se clients a break, but they still go away thinking the judge messed them over simply because they do not understand what is going on.
April Charney Strategy – Demand for Jury Trial
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I read some recent Answer with Affirmative Defenses, Counterclaim and Demand for Jury Trial by Ms. Charney Esq, I notice that she usually include Hud, UCC and other Federal loan violations in additional to other defenses in the Affirmative Defenses, Then she asks for Jury Trial. Case 16-2008 CP 02102 Duval County Florida docket has interesting litigation steps. A lawyer told me that Foreclosure case alone does not merit Jury Trial, but Federal Hud and Comsumer laws violations gives right for Jury Trial. Do you think that Jury Trial is beneficial for Homeowner as it takes the Judge power to decide ? Will Foreclosed Homeowner has more chance to win on Jury Trial ?
Your opinions are greatly appreciated. The Answer with Jury trial is too long to post. Send me an e-mail and I will forward it to you.
My e-mail is ocean11@the-beach.net
Foreclosure Info for CA Homeowner. Check this website.
http://timothymccandless.wordpress.com/the-stop-foreclosure-plan/
http://www.auditthefed.com/
Do it now.
(sign up now too.)
Steven K. Kop
Attorney at Law
(310) 721-8557
Have any of you seen the movie Slow Burn? Well in that movie there’s a part in the end where the chief of police, the DA, judges etc… are all made shareholders (without there knowledge) and told that such facts would become public in the event of a trial. Well I think that’s what has happend but in real life and on a larger scale, look what happ;end to NY’s AG Cumo. He was going after the crooks and Wham, a recusal issue that became pubic seem to stop everything. It is my strong belief that the people with the power to make an impact on crime (the ones that actually want to not the other crooked judges that are going along with everything) can’t out of fear of losing their jobs combined with extortion. I do fear that some of them may be as much as victims of this fraud as we all are if only they could somehow stand up & speak up….. I know that there has to be some good somewhere left in our government i hope……
I’m looking for a “Lawyer that gets it” in Michigan. Our mortgage is with (or the pretender lender is) Huntington Mortgage Group. We are in a FHA fixed rate mortgage, and we bought our home in late 2005. We tried to be careful as we took out a loan for an amount that we honestly thought was affordable ($135,000). Shortly after I became unemployed, and things have been tough ever since. We’ve had a loan deffer once with Huntington, and have tried to do the modification 3 times I believe. I am just starting to learn the truth via this site, but have always suspected Huntington of foul play. Now we are 10 payments behind (3 of which we were instructed NOT to pay by them) and our file has JUST been handed to their foreclosure attorney (according to the modification specialist, who crazily enough tells us she can still help us if we want to try again). I hear about a bunch of other banks being predatory but I haven’t seen or heard anything about Huntington being a predatory lender, does anyone else have experience with them? I really need to talk to an Attorney in my state, or one that’s willing to/and can practice here. Any help is appreciated!
Andy
We filed a Pro Se lawsuit in Alameda county, northern of Calfornia but did not file Lis Pendens on the title, and Wamu/Chase foreclosed it anyway. We are still in our home which was auctioned in May 2009 by Wamu/Chase. No one bought it at auction but title now shows US Bank National Associations on it. we need help from an attorney asap. No UD served yet. Thank you. Email: dvddspace@yahoo.com
We are looking for an attorney in the State of Kansas. We live in Kansas City, KS. We want to keep our house and our wanting to fight our loan service company HSBC. We thought we had a modification with them. Then they backed tracked. Please help.
Here it is, Neil and Brad, the BIGGEST LIVING LIE OF ALL:
http://freedom-school.com/affidavit_of_walker_todd_1-20-04.pdf
You did not borrow; you extended credit.
Steven K. Kop
Attorney at Law
(310) 721-8557
steven.k.kop@newdawnlaw.com
I’m looking for info on HELOC type loans in regards to a foreclosure action. These type loans fail the criteria set forth in the UCC, for they are not for a fixed amount. and therefore not a negotiable instrument such as a promissory note. My research has revealed that they are securitized like credit cards and car loans. In the complaint they are referencing the Mortgage Agreement as the note. The word “note” is never mentioned in the original mortgage agreement, nor is there a separate specific document. In addition, the note is not needed in Pennsylvania to foreclose only the rights to the security instrument which is the recorded mortgage.
Any info; articles court cases, opinions ect., would be appreciated.
Thanks
YOU KNOW IT’S REALY AN INSULT TO SEE THE LEGISLATIVE AND JUDICIAL POWERS THAT BE DELEGATED FROM THE US CONSTITUTION, ALLOW THE JUDICIARY TO ABANDON THEIR DUTY AND AUTHORITY IN OVERSIGHT DURING FORECLOSURE PROCEEDINGS IN THE STATE OF CALIFORNIA THEN TO WITNESS THE JUDICIARY ATTEMPT TO RE-RETAIN THOSE POWERS BASED ON “EQUITABLE PRINCIPLES” WHEN A BORROWER EXERCISES HIS PRIVATE RIGHT OF ACTION, WHEN THE US CONTITUTION STATES THE POWERS NOT DELEGATED ARE RESERVED FOR THE STATES OR THE PEOPLE RESPECTIVELY(IE A JURY)
You know it’s bad enough that these judges own houses that us regular Civilians couldn’t ever hope to rent, but these Crooks (yeah that’s right the judges) are using the profits unjustly gained by these public/private partnerships to fund the reconstruction and improvement of public facilities, Courthouses, Police Departments etc… all in the name of “Community Development” The U.S. has been down this road before. A burgeoning national debt. Burdensome taxes. A ramped-up military. An erosion of civil liberties. The litany of ills facing us now also plagued the nation in its early days. Back then, citizens’ discontent boiled up in a series of tentative revolts against new taxes and foreclosure laws–Shays’s Rebellion in 1786, the Whiskey Rebellion in 1794, and Fries’s Rebellion in 1799. Alarmed by the prospect of mob rule, President John Adams in 1798 signed into law the Alien and Sedition Acts to keep a lid on things. Critics of the government could expect jail time for publishing their views.
Congress at the time was dominated by the so-called Federalists, propertied men of high station accustomed to getting their way. Bribery and corruption were commonplace. Senate deliberations took place behind closed doors, and even public information circulated too slowly to stop abuses. Senators could, and did, front-run their legislation by investing in assets sure to appreciate quickly–most notably bank stock, government bonds, Revolutionary War scrip, and expropriated tribal lands. Government existed, it seemed, to make the rich richer.
Reining in the entrenched elite would not be easy, for the U.S. was not a one-man, one-vote democracy. The franchise was denied to those who were enslaved, female, under age, or without property–i.e. over 90% of the population. The framers of the Constitution, truth be told, had a dim view of the average citizen’s capacity to make rational, informed judgments about governance. Among federal officeholders, only U.S. Representatives were chosen directly by the voters. The House was balanced by a “higher” chamber, the Senate, whose members were selected by the state legislatures.
aristocrats dominated the financial landscape as stockholders and creditors to both the Bank of New York and Hamilton’s baby, the Bank of the United States. These dyed-in-the-wool Federalists were not above jacking up interest rates charged to Republican sympathizers in need of credit, nor did they harbor qualms about dispensing patronage to supporters. Money is–and certainly was in 1800–the mother’s milk of politics.
Burr had addressed that problem in the 1799 Assembly by ushering through a bill granting a charter to the Manhattan Company, which proposed to build a new waterworks for New York City.(PUBLIC IMPROVEMENTS) Waterworks, you ask? Look closer. Burr had adroitly inserted a clause empowering the company to allocate surplus capital for any undefined purpose. He also made sure that the charter was irrevocable. So a project ostensibly designed to clean up the city’s water supply became a Trojan Horse for–you guessed it–a bank! Artisans and small businessmen could now get their loans at the new Manhattan Bank (growing eventually into the colossal Chase Manhattan Bank).
Bankster, partnerships, & brokers are casting a holographic image of a rising economy by buying and selling purported REOs back and forth to eachother
OUT OF STATE TRUST CAN’T FORECLOSE
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Foreclosure Case Dismissed in Pinellas County Based on Florida Rule of Civil Procedure 1.120(a)
December 23rd, 2009 · 6 Comments · Foreclosure
On December 16, 2009 Pinellas County Circuit Court Judge Anthony Rondolino granted a Motion to Dismiss which was filed by St. Petersburg attorney Matthew D. Weidner on December 16, 2009. The foreclosure case was filed by Wachovia Mortgage against Weidner’s Client, Pinellas County resident Anne Matacchiero.
Weidner’s Motion to Dismiss asserted that because the entity filing the lawsuit was not properly identified as a Florida corporation, that Plaintiff could not continue its pursuit of the case according to Florida states and rules of civil procedure that restrict the activities of out of state corporations.
According to Weidner, the ruling has major impact on foreclosure cases filed across the State of Florida and in Pinellas and Hillsborough County in particular because the Plaintiff’s are not identified as required by law in the vast majority of cases. Weidner further claims that, “If this argument was effectively made and the same ruling issued, it could result in approximately 70% of the cases currently pending in Pinellas County being dismissed.”
Does the Plaintiff have the right to foreclose?
Whether the Plaintiff that has filed foreclosure cases across the country has the capacity or the standing to maintain the lawsuits they’ve filed is increasingly becoming a key issue in many cases. The majority of the loans that are being foreclosed on in courts around the country are no longer held by the bank or mortgage company that made the loan in the first place. When the Plaintiff filing the lawsuit is not the original lender, real questions exist about whether they have the legal authority required to be pursuing the foreclosure case against the homeowner. An even more complicated issue exists when the Plaintiff filing the lawsuit is not a corporation, but is a trust company or some other exotic or shadow entity that claims to be pursuing the foreclosure case on behalf of another entity as is often the case.
Can the Plaintiff produce the documents necessary to foreclose.
Much attention has been given over the last several months to the fact that oftentimes, the Plaintiffs filing foreclosure lawsuits are not able to produce the basic documents they need to file a foreclosure lawsuit, much less all the documents they need to produce in order to win a foreclosure case. Examples of documents that need to be produced include the note, assignment of mortgage and an accurate statement of account. Because many lenders cannot even prove they are qualified or entitled to appear in court, they never get the point of producing the documents necessary to effectively proceed with their foreclosure case.
For more information, contact Matt Weidner at http://www.mattweidnerlaw.com
DyingTruth,
Interesting that you say they are, “buying and selling REOs back and forth to each other”.
I have been looking into these “sales” for months and to say the least, something is rotten in the state of Denmark.
Shoot me an email. Would like to hear more…
4closureFraud
foreclosurefraud@gmail.com
Banksters brokers and partnerships are giving the false impression of a recovering economy by buying and selling REOs back and forth to eachother.
Jerry-
re: the ‘clear title’ tactics some are trying….I’ve had several people email me and tell me that now they are facing charges for fraudulent conveyances. The very thing we are often alleging against the lenders.
thus, be very, very careful…..I’d rather have a judge order the correct title
Ann
another thing to watch for is, within the PSA or Pooling and Servicing Agreement for the securities trust, there are clear instructions about those assignments.
Typically, if the assignments are not done prior to the ‘closing date’ specified within the PSA, then they are not valid. In many cases, the assignments are not being done until just prior to foreclosures and thus do not meet the terms within the PSA.
Again—check for forgeries etc. on those recorded docs
How about the Massachusett case law in October 2009 Judge Keith Long re-affirms that US Bank as Trustee cannot foreclose because US Bank can’t prove their ownership of the note thru an assignment.
He then invalidate the Sale. Can this ruling help Homeowner reclaim the houses ?
Click on link below for the full Court document. Too long to post.
http://www.massrealestatelawblog.com/wp-content/uploads/2009/10/ibanezruling.doc
Quote
Perhaps in recognition of this, the plaintiffs argue that they were the “present holder of the mortgage” or, for statutory purposes, should be deemed to be because they possessed the note, a blank mortgage assignment, and a series of off-record agreements by which they were entitled to (and should have received) a mortgage assignment in recordable form. That argument fails as well, for two reasons.
First, if, as here, the power being exercised is contract based, the party seeking to exercise it must be authorized by that contract. See Roche v. Farnsworth, 106 Mass. 509, 513 (1871) (“power must be executed in strict compliance with its terms”). Here, the only entities authorized by the mortgages to exercise the power of sale contained therein are the original mortgagees and the valid assignees of those mortgagees. The plaintiffs were neither at the time of notice and sale because, as discussed above, there had never been an assignment of the mortgage to them. The blank mortgage assignments they possessed transferred nothing.
Unquote
A.S., you may want to call Cheri Robinson, Esq, in Phila.
#(215) 540-9255. Tell her R.M. in PA sent you. If you’d like, send me your contact info. Too many whiners on this site to discus specifics. I can only speak of the PA courts with their many hurdles to clear ,and say you really need an attorney as an advocate. Sell the wife and dog if you have to – LOL.
TJ
I need referrals in Philadelphia .Pa.
Thank You very much in advance.
The below link at http://www.scribd.com/doc/24051087/The-Foreclosure-Report recommends that one substitute the trustee and beneficiary and then the record a quit claim to clear the lien. The original transfer of the deed into the the trust by the trustor is typically irrevocable per the terms of the trust. There also aren’t typically any special powers afforded to the trustor by the terms of the trust that would allow them to make such substitutions, much less issue a quit claim.
It seems like these “clear the title” tactics are being dreamed up and offered by people with next-to-no legal background or training. Taking these kinds of actions seem like a good way to get yourself indicted for fraud given the flimsy rationale that is offered for doing so.
Nil,
I read the scrib report. Now I am confused. The report mentions Deed of Trust. Is the Mortgage note considered Deed of Trust ?
Hello,
I need to speak with someone who gets it and can hep me out in GA. I am not opposed to doing it myself but with guidance from someone who has experience, doesn’t have to be an attorney. My home loan was discharged in BK7 in March of 2009 but we would still like to keep the home as we are still living in it. BOA has recently offered us a BullSh** loan mod that increases our payment which we cannot afford so of course I am not going to sign that loan mod offer but not sure which course of action to take right now and we are not ready to walk away from our home either, at least not for another 2 years. Any help or just someone to talk to who is going through this and having some success at keeping out of foreclosure would be appreciated. Please call me at 404-939-3396 or email at vital@gmx.com
Thanks
Vivian
Jeff,
I respect your opinion with regards to the answer you gave Ann. However, I would like for you, Ann and all interested parties to read the following report.
http://www.scribd.com/doc/24051087/The-Foreclosure-Report
Simply put, “The mind is a lot like a parachute … it works better when it’s open”.
Rest assured, I do not promote this process and I am not affiliated with its author, nor should the report be construed as legal advice but I can personally attest to the fact that the process does work and is a permanent solution.
Foreclosure Defense: your Judge Not following the law? Time to go to their superiors.
Don’t accept a bad order. You can appeal a non final order using your local appellate courts. A document called a writ of certiorari can be filed for $300 that challenges a bad decision when your Honor doesn’t follow the law. Meanwhile stay your case pending the courts ruling on the writ. This will accomplish 5 things:
1) You lose the appeal but it puts your Judge on notice he better not make an error of law. No Judge wants to be overturned. See how his demeanon suddenly changes at the next hearing.
2) You win the ruling and Quash the order.
3) Your case gets put on hold if judge grants stay pending appeal
4) If Judge denied stay he can’t rule on anything that would be disruptive if the stay is granted in the future
5) No Final Judgment can be ordered until Non Final Appeal is ruled on.
4)
Ann,
That will not work. First and foremost it is overtly fraudulent in my opinion. Having said that here are several of the many reasons why this will not work:
1) The time period to rescind a mortgage is finite;
2) If you are able to rescind you then must return the funds borrowed less payments already made (legal fees may be included depending on the state-check with a local attorney)
3) You will be unable to obtain a Title Commitment that will omit the mortgage. It is a recorded secured document and affects the property until released by the lein holder.
Unfortunately to the best of my knowledge a magic bullet does not exist.
Don’t be stressed if you are in foreclosure. Be happy! The situation is very simple folks. For securitized mortgage loans (more than 80% since 2000 are securitized), the Pooling and Servicing Agreement: Conveyance of Mortgage Loans § 2.01 states in crystal clarity that: The Originator (original lender) assigns the mortgage and note to the Sponsor, then the Sponsor assigns to the Depositor and finally the Depositor assigns to the Issuer/Trust. The problem is these assignments were NOT perfected after your loan was processed, and also the assignment introduced in court, in a foreclosure case, is different from the above which was registered with the Securities & Exchange Commission when the loan was securitized. At a time like this, you need a good attorney who “gets it”. If you are in the New York/New Jersey/Pennsylvania area you are blessed. There is such an attorney who has won cases for the homeowner, and he will fight for you too!!! Contact: Farrel R. Donald, Esq. (347) 278-2509 or email at lawfrd@gmail.com
Jeff,
I found this post. What do you think ? Is it legal ?
Quote
First, rescind the mortgage (in writing-stating that the mortgage is rescinded by operation of the law, regardless of their response), then record a Substitution of Trustee (FIRE THEM) appointing yourself or someone you trust as Trustee. Next, record a Revocation of Power of Attorney (TAKE AWAY THEIR POWERS), and then record a Full Re-conveyance back to the Grantor/Trustor … YOU (state that the lien has been “fully satisfied” based on their lack of timely response to your rescission/cancellation letter)!
After all of the above is recorded with the county recorder, you then file a Warranty Deed/Grant Deed and “sell” the property to your family trust or an LLC, warranting that the title is free of all liens and encumbrances.
At that point you (or your family trust/LLC) own the property ‘Free and Clear’.
I am not a lawyer, and this should not be misconstrued as legal advice
Thank You, Neil and “others”,
I wanted to share some updated information regarding my foreclosure with Regions. They finally produced what they represent to the court as the original mortgage and note after a year of instituting foreclosure proceedings and further claim they are the true owners. Well the problem is the mortgage recorded and produced by them has been altered. It has terms that have been added by typewriter to my detriment as supported by the copy I obtained at closing. What gets even better is the officer from Regions affirmed two clearly different copies as being true and correct copies of the original. Correct me if I’m wrong but these facts should forever cloud their ability to ever produce a true unaltered original to the court without perjuring themselves. We will be filing for motion to dismiss with prejudice and quiet title.
Thanks for providing support and motivation for us to stick to our guns. The banks are crooks and its beginning to show!
Jeff, you are right in that I am thinking in the vacuum of loans with proven fraud in the origination and predatory servicing/illegal activity through fraudulent foreclosures. I am on a mission to extinguish the debt because the originator broke multiple laws. Now, as seen and heard through the writings of many others, there are many different circumstances. Every case and loan is a different animal. I have received calls from people who said they themselves fabricated assets and incomes. Sorry, I can’t help you. But the guy who went to closing for a $190k mortgage and left with a 1st and 2nd totalling $190k, with a fraudulent appraisal, he’s the guy who got screwed. If you have customers who have been helped by your services, who indeed obtained something more than an extended term adding arrearages, then I guess that quantifies as a success.
And Ian, the site you want is SECINFO dot COM. this will display the registrant and the other relationships you are looking for to find your loan.
In the state of New york is it true that the bank/mortgage company cannot foreclose if the house is put on the real estate market?
I have a real estate agent claiming that they cannot touch it for two years.
Anyone know if there is any truth to this?
Also I did receive a name and number to a lwyer in Brooklyn,,infortuinately I can not locate that now.
If the persone who sent it is reading this could you please resend. Thank you.
Drumodad@msn.com
To Usedkarguy:
You put together a very well written, thought out, and well reasoned statement/argument. If we existed purely in a vacuum I would completely agree with you.
The truth is the average homeowner has a choice to make and it is a very simple choice:
1) Try and save your home, or,
2) Resign yourself to losing your home.
If, like ALL of those I have assisted, you want to keep your home then the choice once again becomes clear:
1) Try and negotiate a more reasonable (i hesitate to use the word fair here) payment situation which will allow Joe Homeowner to go back to and get on with his life. Or as some would prefer;
2) Rally and rail against the entire mortgage industry. Change the wheel. Reboot the system. These are the arguments that I hear everyday. While all noble concepts none are practical.
Too often the “where is the note” or TILA violation is argued. These arguments will seldom win if at all. One in a million is not the odds but the current statistics may shock you.
As to threatening to sue for rescission what is the homeowner going to do when they win? Remember rescission will require REPAYMENT of the entire amount of the loan less all amounts paid to date plus legal fees. If this homeowner had this “pile of cash” they would not be having any trouble paying their mortgage.
People want to keep their homes. This notion that they can do it for free is absurd. Homeowners signed a mortgage. A mortgage is a binding legal document. Since our government in its ultimate wisdom decided not to force the banks to help anyone I feel that I am providing a valuable service.
I know what I do for these clients may appear to be less than helpful to you. The fact still remains that EVERY client who I have successfully assisted continues to thank me for helping them save their home.
Who have you helped? What have you done?
To the best of my knowledge, the closing date on the 10k is exactly that, the closing date for the aggregation of the mortgage loans. The issuance amount ($875MM, $1.5Bil., etc) is representative of the capitalization, however most are “over-collateralized”. ABSnet shows performance statistics of the “deal”, I didn’t see any collateral sheets. 40% default rates and 1.5% actual losses tell the story.
They defaulted my loan in December 06, I paid through March 08, and I am still getting a “notice of intent to change rate” that shows on-time payment for the note and a balance that matches their payment schedule (it was an arm that’s now down to 5%). I put it in front of the judge and he says “Yeah, we see lots of those, don’t we counselor?”, and chuckles, as though he knows the scam is going on and let’s them take your house anyway. Rotten mudderfuggers.
The trust is collecting more money than it was really intended to do (if it was a legitimate REMIC), as well as sucking up all the real estate. I would still contend that all that “irregular income” that is not “borrower generated interest income” is non-exempt under REMIC tax law. Anybody…anybody….BUEHLER?
And Jeff, why in the world would the borrower sign any kind of modification that gives the bank the opportunity to draw up a new loan? No one should use a modification as anything other than a stall. The modification (and anyone purporting to HELP by obtaining them) just extends the scam. Jacking money out of people under the guise of a loan mod is nothing more than EXTORTION. That would make that-there-modification-purveyor-type-guy a co-conspirator to that extortion, in my opinion. You get one of these “loan litigator” guys on the phone and start questioning them, they don’t understand half the shit I know already.
And John, I think you hold the key to the castle, if this is indeed provable. A Federal judge will give weight to the UCC defense when local judges won’t. Maher said this a year ago. Care to share where the case law is on this so we can get on with our lives?
And if this IS all in violation of UCC law, then Fannie, Freddie, and lots and lots of investors have been holding worthless paper for last 50 years. How can that be?
John,
I don’t see specifically how the note would be “exhausted” if the note is securitized and in effect serving as collateral for the bonds that are issued. The notes don’t go away or get paid. They get assigned into a collateral pool and the bond holders should have a security interest in, or an ownership interest in, the notes. What provision in the UCC, if any, are you referring to which would address the issue of whether these notes remain as a negotiable instrument?
Based on my interview of several attorneys who are actively litigating in this area, judges don’t generally seem persuaded by the UCC requirement for a mortgage holder to produce an original note (negotiable instrument) to evidence his or her claim. Yet, it’s fairly clear in reading the UCC that possession of the original note is required to substantiate ownership. Given the judicial temperament in this area, I don’t see how judges would be persuaded by the argument that these notes have been paid off as they are securitized when judges aren’t buying the “produce the original note” argument.
FYI: I am not an attorney. I used to audit mortgage originators and worked for IndyMac.
Jerry Hodge and Dan,
Would it make any difference about any of the payments and how they are applied if the NOTE is exhausted and unenforceable as a result of the NOTE being securitized?
I have yet to have any attorney, guru, Securities expert whatever, show me how the NOTE retains any value once the NOTE was paid in full as the Bond or Certificate had no value to it / in it until the VALUE of the NOTE was converted into the Bond / Certificate. See Federal Register, Friday, January 7, 2005. The UCC says that the NOTE is no longer a negotiable instrument.
How then is an attorney, lawyer, esquire able to verify the documents and can proceed to foreclose either in a judicial or non-judicial case from a piece of paper that has absolutely no value to it. UH!
Mortgage, Auto and Student Loan Audits
oliver@ipa.net
john
Dan- you have posted alot of good info on trusts, so I have a question- is it unusual for a loan to be assigned into a trust after the closing date of the trust? I got the closing date from ABSNET. What else should I look for and where should I look? Thanks.
Dan,
I understand your point that payments may be made to the Investor on the loan by the Master Servicer and that the Master Service may not be able to recover such advances from the borrower or the underlying collateral, but does that mean that the loan paymentw were made on behalf of the borrower to relieve the borrower on any ongoing contractual obligation for those payments?
Aren’t the payments made by the Master Servicer a contractual obligation on the part of the Master Servicer to do so for the benefit of the the Investor and that they don’t specifically constitute payment on behalf of the borrower?
If the Master Servicing agreement didn’t stipulate that these payments were to be non-recoverable, wouldn’t the Master Servicer have Subrogation rights against the borrower and the collateral?
If the Master Servicer stipulated to these advances as being non-recoverable, didn’t the Master Servicer to so with the intent to favor the Investor so that the Investor retained its collection right against the borrower and the collateral for the delinquent payments, rather than to create a windfall for the borrower?
People seem to be confusing the issue of whether or not payments are made by a third party with the issue of whether such payments actually constitute contractual relief for the borrower.
MERS – Social Science Research Network paper:
Foreclosure, Subprime Lending, and MERS
http://www.scribd.com/doc/20954805/Foreclosure-Subprime-Mortgage-Lending-and-MERS
Steven K. Kop
Attorney at Law
(310) 721-8557
Ira Shaver, on December 16th, 2009 at 7:34 pm Said:
Is it true that if you trace the paper trail through the securitization process, you find that someone is still making payments on the so-called loan even if the homeowner isn’t?
Ira, YES YES YES this is TRUE. Others have stated it isn’t but my guess is that they are saying this based on LOGIC. Why in the world would somebody make your payments for you? Well, Neil has stated that everything in securitization is upside down. The reason somebody else makes your payments for you is that they are contractually obligated! The entire purpose of securitization is to guarantee payments are made to the investors. Read your pooling and servicing agreements. Also get a copy of the monthly statements to the certificateholders. These show the sub-servicer advances and the master servicer advances. In my case they stopped reporting the sub-servicer advances in April 2008 because they were rising dramatically. It was somewhere near $700,000 per month (and going up with no end in sight) when they decided they didn’t need to report this information to the investors and to the ratings agencies.
Here are quotes from my pooling and servicing agreement (note the use of the word OBLIGATIONS):
Servicing Advances:
All customary, reasonable and necessary “out of pocket” costs and expenses incurred in connection with a default, delinquency or other unanticipated event by the Master Servicer or a Subservicer in the performance of its servicing obligations, including, but not limited to, the cost of (i) the preservation, restoration and protection of a Mortgaged Property or, with respect to a cooperative loan, the related cooperative apartment, (ii) any enforcement or judicial proceedings, including foreclosures, including any expenses incurred in relation to any such proceedings that result from the Mortgage Loan being registered on the MERS(R) System, (iii) the management and liquidation of any REO Property, (iv) any mitigation procedures implemented in accordance with Section 3.07, and (v) compliance with the obligations under Sections 3.01, 3.08, 3.11, 3.12(a) and 3.14, including, if the Master Servicer or any Affiliate of the Master Servicer provides services such as appraisals and brokerage services that are customarily provided by Persons other than servicers of mortgage loans, reasonable compensation for such services.
And here – note how many places payments are coming from besides the original borrower:
Nonrecoverable Advance: Any Advance previously made or proposed to be made by the Master Servicer or Subservicer in respect of a Mortgage Loan (other than a Deleted Mortgage Loan) which, in the good faith judgment of the Master Servicer, will not, or, in the case of a proposed Advance, would not, be ultimately recoverable by the Master Servicer FROM related Late Collections, Insurance Proceeds, Liquidation Proceeds or REO Proceeds. To the extent that any Mortgagor is not obligated under the related Mortgage documents to pay or reimburse any portion of any Servicing Advances that are outstanding with respect to the related Mortgage Loan as a result of a modification of such Mortgage Loan by the Master Servicer, which forgives amounts which the Master Servicer or Subservicer had previously advanced, and the Master Servicer determines that no other source of payment or reimbursement for such advances is available to it, such Servicing Advances shall be deemed to be Nonrecoverable Advances. The determination by the Master Servicer that it has made a Nonrecoverable Advance shall be evidenced by a certificate of a Servicing Officer, Responsible Officer or Vice President or its equivalent or senior officer of the Master Servicer, delivered to the Depositor, the Trustee, and the Master Servicer setting forth such determination, which shall include any other information or reports obtained by the Master Servicer such as property operating statements, rent rolls, property inspection reports and engineering reports, which may support such determinations. Notwithstanding the above, the Trustee shall be entitled to rely upon any determination by the Master Servicer that any Advance previously made is a Nonrecoverable Advance or that any proposed Advance, if made, would constitute a Nonrecoverable Advance.
Here is where payments come from:
– related Late Collections
– Insurance Proceeds
– Liquidation Proceeds or REO Proceeds
related late collections would be late payments made by the borrower
Insurance proceeds would be any insurance provided for anything – principal payments, insurance payments, the entire loan, a foreclosure, a defective loan, a fraudulent loan, etc.
Liquidation proceeds and REO proceeds of course are the proceeds from foreclosing on your house
The Pooling and Servicing Agreement has much more to say about advances. Read my full agreement here:
X_http://www.secinfo.com/d19ZSs.zd.d.htm
Disclaimer: I am not an attorney and this is not legal advice.
Dan Edstrom
dmedstrom@hotmail.com
Robert Green,
We have a unique and very effective way of helping homeowners fight foreclosure in the State of Florida.
Email us at floridadefenseteam@comcast.net for assistance.
Thank you.
Katy402: I am licensed in Kentucky, and I attended the seminar in Florida. Please feel free to email me at mdrimmer@hotmail.com.
Wachovia Mortgage v. Matacchiero, No. 08-16936 (Fla. 6th Cir. Ct. Dec. 15, 2009)
Motion to Dismiss: GRANTED
Reason: Lack of Capacity
Link to Motion: http://floridacivpro.com/orders/WachoviaVMatacchiero.pdf
‘Capacity to sue’ is an absence or legal disability which would deprive a party of the right to come into court.” Here, the caption of the Complaint lists the Plaintiff as “Wachovia Mortgage, FSB, F.K.A., World Savings Bank.” No further identification of the Plaintiff or explanation of the Plaintiff’s capacity to sue is set forth in the Complaint.
Some people have forgotten that a problem is something to be solved, not feared. Have you heard the story about the truck that got stuck in a tunnel?. . . A big ‘ol truck was roaring towards New York City when it rammed into the Lincoln Tunnel at 70 miles per hour. The truck was too tall and got very extremely stuck and the cars backed up for miles. You can imagine the traffic jam.
The fire department showed up to help. Then the Army Corps of Engineers — along with many others. With cranes and saws and jackhammers all tried to get the truck unstuck from the tunnel. But to no avail. Finally, after several hours, an 8 year old girl walked up from the long line of cars and said, “Why don’t you let the air out of the tires?”
Does anyone know of a lawyer that “get’s it” in the Panama City area of Florida ???
If so please reply to this message with contact information.
Thanks in advance …. RG
1. Make sure that the attorney went to Foreclosure Defense Seminar. Ask him to name some affirmative Defensesi.e Respa, Tila, Hud , PSA, mortgage trust etc.
2. Never give an Attorney a big lum sum to defend your case. One attorney took $5000 from my sister and then his license was suspended for using trust money for personal purposes. Never heard from him since. Another attorney took $6500 from my friend and just file a lousy Answer without any Affirmative Defenses then nothing else. The friend lost the house and the money.
3. Give him a small payment at the begining, then a monthly payment you can afford as long as he keeps you in your house. No other fees. This will give him motivation to fight your case for you. Believe me, many good Foreclosure Defense Lawyers accept this agreement.
4. Make sure that in the Lawyer Retainer Agreement it is stipulate that you can cancel your Agreement and stop making payment anytime. Ask the attorney for his e-mail and send your questions by e-mails so you have a written records of them. Fax copy of your e-mails to his office if he ignores your e-mails and keep the fax covers in the your file.
5. Create a file for your case. Make a written summary of your case with all your info and the Bank info and update it as the lawsuit goes along. Give a copy to your lawyer to make sure he knows your case i.e how long did you try to work out a loan modification etc. Remember you know the details of your case by heart but your lawyer has 50 cases to handle. He can’t remember everything.
6. Don’t just hand your case to your lawyer and forget about it. Go online and go to the Court House to check on your file at lease 2 times a week. I check mine Everyday to see what documents being filed and by who. Request your lawyer to e-mail you his pleadings for your approval before he files them. Insist to go to hearing with him and bring your family with you so the Judge can see the people who will suffer from his/her decisions. Meet him early at the Court house at hearing date and review all details with him.
7. Pay a Court reporter to document the hearing to prepare ground for Appeal. Appelate Court won’t hear your case if there is no documented hearings by Court Reporter. The fact that the hearing are recorded will make the Judge and the bank lawyer be careful what they say. If the Bank lawyer lies, you can File a Motion to Sanction him for Fraud to the Court or Uncleaned hands. If the Judge denies your Motion, ask him nicely can he explain swhy he denies it for records.
8. Educate yourself about Foreclosure. Read the Civil Rules and Procedures of your State so you can be familiar with the Court Procedures. Go to the Court House and read at least 100 foreclosure cases so you can see how other lawyers handles their cases. They are public records. Sit in the Court room at Foreclosure proceeding to familiar yourself with how the foreclosure being proceeded. The Court proceeding is public. Do online or library reseach related to your case and e-mail them to your attorney.
9. Try to understand the Foreclosure process , read all posts in Livinglives. Joint an online Foreclosure Defense Support group so you won’t feel alone in the battle.
10. Make sure the attorney files correct Motion to Dismiss; Answer with Affirmative Defenses and Jury Trial demand and appropriate Requests for Production, Admissions, Interrogatories to Lenders, Broker and all party of interest. If he does not do so, ask him why in writing. If he does not give you adequate explanation, take your case to another attorney for second opinion and change attorney if needed. We go to Doctor for a second opinion before surgery, why can’t we do so to defend our home. Attorney usually give you one hour free consultation.
You can file a complaint to the local Lawyer Bar Association if you feel you are not being correctly treated by any attorney. You may even be able to get your money back from The Attorney Recovery Fund.
To Kim(dont call me stupid):
Kim, I am an attorney who is also sharing the frustrations felt and expressed on this site (im not only the lawyer but a client as well).
After a full year of attempting to assist homeowners obtain meaningful modifications I have come to the conclusion that the banks have no desire to assist you. They want their money or your home.
Therefore if you were my client I would advise you to accept the less than fair modification offer and stick with the payments until your trial period is over (usually no more than 3 trial payments.) Once the bank has been paid these trial payments they will give you a final modification that will end the foreclosure process. Once this happens you should make 1 more payment to the bank and THEN STOP PAYING YOUR MORTGAGE!!!!!!!!! FORCE THE BANK TO START THE FORECLOSURE PROCESS ALL OVER FROM SQUARE ONE. THEY REFUSE TO PLAY FAIR SO WHY SHOULD YOU?
The cost of a foreclosure process can be anywhere from 25K to 50K (or so the bank claims). Let them spend the money they STOLE from us. Force the bank to start the foreclosure and/or modification process all over.
I know that other attorneys reading this blog make disagree with my advice (some may tell you it is unethical). But at some point we all need to realize that the banks play by their own rules. If we dont play their game then I am sorry to say we will be homeless.
The judges don’t get it. Congress, or should I say Bank of America Chase Citbank Wells Fargo, will not allow the laws to be changed.
The “where is the note” argument is a loser. The TILA violations agrument looking for recission is a loser.
Both of these suits will either be dismissed or you will lose. And if you somehow win the recission then you are in real trouble. You now have to pay back the money you were loaned ( less monies paid in). If you need assistance paying your mortgage and some lawyer tells you to go for a TILA violation then that lawyer is the one who is not looking out for the best interest of the client.
SADLY I AM A LAWYER WHO GETS IT. THE “IT” IS THE FACT THAT THE BANKS OWN OUR COUNTRY AND YOU THE READER ALLOWED THIS TO HAPPEN BY VOTING FOR THE POLITICIANS OWNED BY THE BANKS”
GOD BLESS BANK OF AMERICA
I have communicated with several CA lawyers who reportedly “get it” per this website and here is how the lawyers who responded to my inquires on this topic replied.
“Quite frankly, the whole “produce the note” theory has largely fallen on deaf ears within the courts. Although TILA may provide rescission rights in some cases, the larger problem is usually encountered when the borrower has to tender the monies back that were initially lent.”
“I have asked Neil about why could a mortgage be extinquished if there were mortgage insurance for it or other such means of payment (such as from collateral pool reserves) were made against the note by a third party when the paying party would have subrogation rights against the mortgagor. I did not receive a meaningful response.”
“The success rate for these types of actions in state and federal court have not been impressive, and that’s because unless the court issues an injunction to stop the foreclosure, the foreclosure will overtake the litigation and result in the homeowner’s losing the home.”
“Unfortunately, our firm is not handling these kinds of cases at this time.”
“I only deal with clients who are filing for bankrutpcy.”
Aside from the question of whether there are any attorneys who “get it”, it seems the more important question is whether there are any judges who “get it”, particularly in CA.
ok, so a few more years of this stress for what, nothing. If I just want my home and I have already been repeatedly corn holed, does the desire to not be kicked to the curb equal a decision based in logic to agree to the bs modification, even if it isn’t a positive workout for the long run? After hiring a scammer mod firm, followed by an attorney that demonstrated kick ass efficiency cashing my check, doing nothing until foreclosure led to questions of procedure. (Repeating issues posed to me by several AG’s, non profit director, state bar were met with what I easily characterize as a ‘bully beatdown’ complete with references to ‘hurt feelings’, ‘appalled & shocked’, ‘brash and forceful’ promises to provide all documentation as ‘personal desire for peace of mind’ as testimony to all the hours and hours of work and committment to my case. Given the righteous indignation of this attorney’s receptionist / wife that closed with the statement that she would never speak to me again, and the psychology of the guilty and anger disproportionite to the situation, I was not at all surprised at being dismissed as a client in short order. Funny thing, the question regarding what had been submitted as relayed to me by the mortgage servicer was included with the letter from the attorney. They were so angry at the question and yet they had indeed submitted the spread sheet as provided, completely skipping the whole application process which they insisted had been provided. Only now, that was conveyed to me as a ‘favor’ followed by a plethera of ‘and remember when you…….’ statements like 100% on board’, ‘we offered to provide xxx later & you agreed’ and best of all ‘we offered your money back and to resubmit and never heard from you.’ Yikes and this guy is all over the web, with how to protect yourself, blah blah. Wow..and to clarify, never could get to the attorney cause his wife was gatekeeper extraordinaire. The remember when 100% on board comment was a three way with someone (I really don’t think he was an attorney), who started with the TILA statue of limitations (already knew that, which is why I wanted attorney), then the rest of the run on sentence, ( no inhale for me to speak until I jumped in with a couple of ‘can I say….and ‘may I interject.) I was dismissed without addressing my points BUT was told, “Oh, if that’s all you make, you’ll never get a modification.” and (I swear to Jesus), ‘How would you feel if you loaned money to someone and they never paid you back?” Seriously. The next two efforts, (yes, to the wife), went like this, “oh, Carl, well he doesn’t work here anymore,” and I was dismissed off hand. The next attempt to bring up my lack of satisfaction was definately a tone and content intended to effectively control the interaction….and worked. (angry tone) “We already talked about it, and we’re not going to talk about it again!”
Aside from not doing the QWR and demand letter with audit that I paid for, the next six months I was completely in the dark and phone calls were cut short, “Relax, we do this all the time.” When I told them I was denied the modification, THEN they sent a QWR and demand letter. Of course,.the letter to me was dated two days before the denial telling me how it was submitted before they KNEW I had been denied. After referring all they had done in my behalf, they inserted two things that almost serve to difuse my anger; 1) ‘no good deed goes unpunished 2) they will not hesitate to file suit against me fore maligning the integrity of the firm and staff ….and best of all 3) in my response to being brushed off 9 days before the sale I said, “oh, well, it’s good that all the cards are on the table….of course meaning I no longer had to agonize about paying more to a lawyer for the lawsuit when they had done nothing, causing distress about their integrity. To that, was a couple of clear references about all they had done in my behalf pointing out perhaps I did not see the positive because of medication I was on. Two references that I was clearly posturing for a complaint AND they were fully prepared to file suit for defamation or answer any complaint starting with the ‘spooky’ comment and ‘perceived threat ‘It’s good the cards are on the table.”
Aside from being irritated, I have to smile a bit to myself that the cards on the table being ‘spooky.’ On this planet, holding your cards to your chest as they controlled my not knowing what was really happening, what they had done or would do, and the righteous indignation that I (after much delay and tippie toe like approach having paid in advance), would dare to question them, was the most stressful of all. No report, paperwork, status update, or phone calls was torment, as I had no idea where I stood. I was angerily reproached for asking outright, hung up on, and NOT provided the logs or documentation of their services as was offered as a jesture for her peace of mind, rather than mine. When it didn’t happen, even after later communication that it would be helpful and appreciated, a disproportionate display of indignation and abrupt dismissal gave me the answers I needed. I felt a sense of relief as I was clear and as such free to let it go. I suspected lack of integrity as well as outright untruths but did not want feel distrustful given that I was already more vulnerable than I could imagine. I wanted and needed to feel some hope but as time went by, doubts were confirmed. Now I know and with that there is a sense of relief. As such, that’s how I replied in leaving a message saying simply; ‘Ok, I guess that’s that, at least it’s good that now all the cards are on the table.” SPOOOOKY! If you hadn’t cost me more valuable time in something so important, it would just be funny. As far as being prepared to answer any and all complaints I choose to file, he is also prepared to defend whole heartedly and file suit against me for defamation.
Um, I haven’t done that, number one. Number two, remember me, the disabled widow on SSI? Brings to mind the whole blood out of a turnip thing besides confirming what I would have gotten if I gave you $7800 more plus 250 per hr. Reminds me of how guilty defendents burst out in anger when accused of behavior for which they are guilty. If you called to tell my I hurt your feelings, you would sound hurt, not pissed or disinterested in letting me ask what had made you so angry before you slammed down the phone.
P.S. I don’t want you to do this to anyone else and although I don’t have the energy or time to waste on you, if I decide to share your methods or warn other disabled widows who can’t afford to be further victimized, your threats only serve as confirmation of your character….or lack of.
P.S.S. Luckily you do not represent the entire legal field, you have however, made a big enough impression on my confidence and resulting decisions.
input, direction, attorney for hire as consultant, etc. appreciated…..good attorney told me I had a good case…complicated, but good, except for now I’m feeling like mush, preparing myself for Ocwen’s offer to mod me back to where I was before this all started……I would be willing to barter shared win, equity, research committment (retired research analyst of 30 years) nquiry4-mortgage@yahoo.com (California)
I am in need of an attorney in Kentucky the “get’s it.”
Katy402
I “get” it, and would welcome the opportunity to help Massachusetts homeowners facing foreclosure.
Well, they took my home and my life. An attorney said he could help then said he couldn’t. This company has done well in seeming to help — they helped me lose my home. They are a servicing company with a pass through certificate. What does that mean?
Regarding the PPT presentaion and “EDUCATING THE JUDICIAL SYSTEM”.
They are all in on ‘THE DEAL”.
Here’s a quick example…
http://www.dallasnews.com/sharedcontent/dws/news/politics/state/stories/033009dnprokellerasets.3df3149.html
I must have spoken to roughly 20-30 different lawyers. ALL of them agree I was wronged, NONE of them have a clue how to remedy the situation. But of course for a “FEE” they would gladly attempt “something”. But more often I am discouraged of their description of the costs involved.
When did YOUR and MY rights become so expensive? If they broke the law, they broke the law right? WRONG! THEY MAKE THE LAWS!
You talk about educating the judges. Just wait in about another year or so, the 5 year ARMS along with the commercial market will be collapsing as well. Where do you think many of these judges have their money? Oh yeah, GOLD. I am so friggin frustrated with these commercials saying “BUY GOLD”…. I’ll take a billion pounds to go please.
The stole my home and sold my home Mr. Wiechel. When the judge says, “Geez that’s too bad.”, You kind of have no where to go.
Oh yeah Happy Holidays!
The powerpoint presentation is great. Thank you so much!!
Here’s a Power Point Presentation that should be shown to anyone who has a shred of doubt that the banks are committing fraud with title to our homes. It was created by the Ohio Conference of Community Development.
Here is the link:
http://www.occd.org/gateway/ppt/2009_dw_title_issues1.ppt
Pay close to attention to the last few slides – its shows several companies that are hired guns to “fix” the problem with the assignments/endorsements. I would recommend printing out the slides and using getting this in on an “motion to educate the court…”.
Somehow the link doesn’t show up. Here is the full link
http://www.consumerlaw.org/issues/foreclosure_mediation/content/SummaryOfPrograms.pdf
Programs for Foreclosure Mediation and Mandatory Conferences
Summary of Programs
Summary of 22 state/local programs that establish some type of foreclosure diversion program requiring lenders to engage in mediation, conciliation, or a settlement conference. Summaries include a general program description and lender and borrower obligations under the program.
Programs: Forms and Documents
Links to text of enabling legislation, administrative orders,court rules, forms and other information links related to programs.
Pending Legislation
We’ve already been through the foreclosure process once. U.S. Bank National Association As Trustee (which we had never even heard of) filed the suit against us in November 2007 on the premise of ‘lost/destroyed’ Note. We attempted to represent ourselves but the judge trampled all over our rights. One year after filing the suit, U.S. Bank “magically” obtained and produced the alleged original Note and Mortgage, with no accounting as to how the documents were obtained, and the judge ruled in the banks’ favor and scheduled the sale of our home. We entered into a settlement while making a written reservation of rights so as not to waive any future defenses or claims. We are behind on payments again and expect to be served with another foreclosure suit after the first of the year. We just mailed a combo ‘QUALIFIED WRITTEN REQUEST, COMPLAINT, DISPUTE OF DEBT AND VALIDATION OF DEBT LETTER, TILA REQUEST’ to GMAC Mortgage as a first step, and are wondering if we should take other “pre-emptive” steps before being served with the foreclosure suit.
Feel free to reply to: 4closuremess@gmail.com
Thanks!
All Pro Se
Please note that the Law firm who is foreclosing on you ask them and to the Court the following:-
1) Ask them about the foreclosure transmittal letter and instructions to attorney by the lender. This letter contains the following:-
a. Who is investor
b. Who is servicer
c. Who is Master Servicer
2. The instructions says, “the attorney will initiate foreclose in the name of XXX and if the foreclosure is successful then the Title vests to YYY
3. Ask for the Computer Screen ” MASI INVI. This will also tell you the name of investor who was behind the curtain(But the curtain is so thin and see through and we can see the elephant behind the curtain)
4. Include all this in your motion to object the motion to lift the automatic stay. If they do not cooperate in providing this information then file motion to compel
5. challenge every thing comes in your way and keep them rolling in the game they started.
6. Do not afraid of any thing, now it is time when we can not get help from any corner we must push these thieves in the corner.
7. A lot of attorney will never help because they still do not understand this fraud game.
8. Please help each other.
9. I am at your disposal. I am not an attorney and telling you what I faced and how I reacted. I facing these thieves since 2007 and repelled their two of the illegal foreclosures. I was lucky that the State court gave me injunction, they still foreclosed and they canceled it right on the spot. I filed contempt of court in the same court which gave me injunction.Now they are filing to substitute some one else and proving my point and standing for which I was crying since day one in Bankruptcy Court.
Please help and walk by holding the hand of each other to fight against the SOBs.
Thanks and Be Safe, Mary Chrismes
Foreclosure Pro Se.com
Leading Online Resource For Foreclosure Pro Se Litigants
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Underwater And Not Walking Away
Bias Against Pro Se LItigants Pro se legal representation refers to the instance of a person representing himself or herself without a lawyer in a court proceeding, whether as a defendant or a plaintiff and whether the matter is civil or criminal. Pro se is a Latin phrase meaning “for oneself”. This status is sometimes known as propria persona (abbreviated to “pro per”).
Florida is a judicial state when it comes to foreclosure. That means your lender has to sue you in court in order to foreclose on your property. In a non-judicial state such as Georgia, the mortgage document contains a “power of sale clause”. The clause gives the lender pre-authorization to sell your property without a court order. If you’ve just been served a foreclosure summon, do not panic. Your worst mistake would be to ignore it. If you do not respond to the complaint, you’ve given an easy victory to the mortgage company. Usually you have 20 to 30 days to respond; if you do not respond, a default judgment will be entered against you, and eventually you will lose your house. You must file an answer within that timeframe. Most people are intimidated by the judicial system. If you can overcome your initial fear, you will be immensely rewarded regardless of whether you win or lose. You must be prepared to leave behind the idea that a) the law is about justice b) that all attorneys are honest and follow the law c) that judges must take the side of justice. U.S judicial system is based on an adversarial contest between the plaintiff and the defendant. The judge has to be impartial to both parties. If the plaintiff cheats and lies in court, don’t expect the judge to raise the matter. It is the responsibility of the defendant to raise the issue. For that reason, you must be vigilant at all time and never trust the authenticity of anything the plaintiff attorney presents. Your weapon is the law.
To buy time, you can file a Motion for Enlargement of Time or a Notice of Appearance. You can ask for 20 extra days to file your answer. Sample pleadings are available on the Pleading section of this web site.
Call your county courthouse and get the contact info of the judge assigned to your case. Write down the name and address of the Judicial Assistance of the judge and the recording office of the court. Some courts allow you to file by mail; you can also go directly to the courthouse to have your documents filed. A copy of each filing must be sent to the plaintiff attorney and in some cases to the judge office. Call the judicial assistance for more information.
Anatomy of A Foreclosure Complaint
You’ve been served a foreclosure summon. That means the bank is suing you to get the property that secured your loan. With the summon, you will find the complaint detailing what you’re being sued for.
The foreclosure complaint is made of several parts.
Style of the case: this is the section that list the plaintiffs and the defendants. For example “BANKSTER BANK VS JOHN SMITH”;
The case number;
The title;
An introductory paragraph;
Numbered paragraphs;
Demand for relief;
Certificate of service;
A signature block.
How to Find a Competent Foreclosure Attorney
If you can afford an attorney, it is advisable to hire one to defend your foreclosure. The big “if” of course is affordability. Having said that, we should keep in mind that all attorneys are not created equal. An incompetent attorney can cost you money and your case; there are enough of them to be wary. Here is some advice in finding a good foreclosure attorney.
Once the initial foreclosure complaint is filed by the plaintiff, your name and address will become public record and will be available for mass mailing. You will certainly receive numerous solicitations from local attorneys. Armed with the solicitation letters, go to your county clerk web site and do a party search on some of the attorneys on your list. Some counties’ system allows you to do searches by parties; some systems do have that functionality. Once you’re able to pull a list of cases with the attorney as a defense counsel, check the docket entries. Has the attorney been fighting vigorously for his/her clients?
By reviewing a few cases, you can determine how good an attorney is.
Has he files any pre-answer motions?
Has he filed any affirmative defenses and counter –claims?
Was he persistent in his discovery method?
What is his win/lose ratio?
If you want more information beyond dockets review, go to the court house and request to see the files you’re interested in. Read the pleadings filed by the attorney. You can even make copies to take home. Once you feel comfortable with an attorney’s competence, then you should make the jump. There is no guaranty, but at least you made an educated guess.
Get Organized
As a pro se defendant, you can easily be overwhelmed by the sheer amount of information and papers being generated about your case. If you don’t manage the flow of information efficiently and in a systematic way, you could make serious mistake down the road. One should purchase a) 1 1/2 binder b) 3 hole paper punch.
When you receive any document, punch and file it in the binder. That way you have everything in one place and easy to browse. You’re going against professionals, so be professional in your organization.
The Foreclosure Defense strategies are fairly recent and most attorneys who did not go to Foreclosure Defense Seminars are not familiar with it. If you can’t find attorneys who get it in your area, my suggestion is look for Trial lawyers who are familiar with Court trial procedures and give them copies of Foreclosure Defense Seminars manuals to read. Lawyers learn fast. You should also read them yourself so you too know the procedure and help your attorney. I have friend who gave his lawyer sample pleadings and suggest strategies. Pro se litigation is possible but it is very stressful. With a lawyer , homeowner will have more chance to win but the homeowner must also be informed and follow the lawsuit closely.Email me at ocean11@the-beach for free online April Charney seminar manual and more. Best wishes
Joe: You are right that there has been a lot of dissatisfaction with the “get it” lawyers. The ones that really do are simply filled up with cases. we are re-woring our programs and design so that if someone’s name goes up there is a higher likelihood they really get it and are available. My apologies. Keep in mind that there is not an advertising service. We collect no income from posting lawyer’s names nor do we guarantee the quality or availability of their work.
Marisol,
Please e-mail me at ocean11@the-beach.net. I have free foreclosure defense information for you.
Ann
HSBCBrokerVictim
My phone # 540-687-0004
HSBCBrokerVictim
Please call me I will give you the name of attorney for Maryland
For everybody out there.There is NO attorney who get it in California and Arizona.I checked them.They will just charge you.Karen is right .You are on your own.No help from audit experts.They could be right,but what than ? Attorneys? I am asking Neal offcialy to stop publishing their contact numbers.They are joke.They will NOT help you at least in CA & AZ. You will be kicked out from your homes and they (attorneys) will not move their fingers to stop that besides charge you in advance.Neil ,you are responsibile for their advertising on your web site.People think they are help.THEY ARE NOT.Check them.How many will return calls? Remove them.Folks ,do it your self.Call your lender and work out with them, or fight them.It will be cheaper and more productive.Do not trust anybody,it’s all about money,yours.If anybody can proof different,go ahead,show us.Just facts and names,please.I did lot by my self for free and I can challenge any attorney or audit expert with results.Once again Karen is right.Good luck for everybody.
In follow up to my post below, please note that I am acquiring properties in the San Bernardino County and Los Angeles County, and I need a good attorney for those areas.
I am an investor and I am acquiring homes that are upside down from homeowners. These homeowners can no longer afford their homes and they cannot afford to pay any legal fees. Rather than have these homeowners walk away from their home with no money and their credit ruined, I am interested in creating a win-win situation where I buy the claims that they may have against the lender and/or servicer and initiate litigation to attack the note and the mortgage with the cooperation of the former homeowner. The former homeowner would also share in a portion of net proceeds that might be derived from a future disposition of the property where the mortgage amount had been compromised as to the payoff amount. Of course, I would be funding the litigation expenses. If there is an attorney out there who has had experience and success when conducting such litigation and would be willing and able to handle these types of cases, please contact me at joe_klein_sr@yahoo.com
My Florida Foreclosure Defense Lawyer is Mr. Dillon Graham Esq. Tel 305-445-9185. He is defending my home and he is doing excellent job. I was ready to defend my house pro se then I found him. He is an experienced litigator and he attended many foreclosure defense seminars. He will give you 1 hour free consultation.
Mr. Garfield,
My name is Darryl Evans, I am not an attorney but I know how to stop foreclosures by proving through simple litigation (Complaint for Declaratory Relief) that ANY alleged securitized loan is non-existant.
It is urgent that I speak to you.
562-556-2080
daltoids@aol.com
By the way I live in Long Beach California
Can anyone recommend a good attorney in Maryland who “gets it”.
I have a list of violations on my HSBC refinance.
I have a laundry list of documents with my signature forged. I requested the documents from the closing company when I was researching the terms of my re-finance. I found so many documents which were never submitted to me at closing. Someone forged my signature to complete this loan package. Forgery was among a list of other violations on the package.
CitiGroup announces foreclosure “suspensions” for 4,000 homeowners for a month.
Happy last gasp of air.
http://www.startribune.com/business/79471432.html?elr=KArks:DCiU1OiP:DiiUiacyKUUr
Steven K. Kop
Attorney at Law
bluejaylaw@gmail.com
I reached out to a local Florida attorney on the so-called Lawyers that “Get It” list for foreclosure assistance, and this is the response I get (in quotes):
“The only judge hearing foreclosure cases in Osceola County is Judge Stroker. He generally will not consider any technical argument in a case, including Federal issues. I do not think I would have to time to get involved in your case. We are focusing primarily on bankruptcy cases and must be selective on the Foreclosure defense cases we undertake. I previously had an office in Kissimmee, but closed it earlier in the year. I prefer going into a case where the forum increases the odds of success.”
So what does this mean? You’re screwed if your case is in Osceola County because there’s only one judge who hears the cases and he’s going to rule against you no matter how legally sound and solid your argument??? The first time we were sued by the Pretender Lender, this judge handled our case and trampled all over our due process rights, ignoring us at every turn, denying our multiple requests for discovery, and – after giving the Pretender Lender one full year to produce the alleged original Note and Mortgage, ruled against us. Now we’re looking at facing another foreclosure suit and we have to deal with this judicial tyrant again? Unbelievable!!! And the attorneys are automatically throwing their hands up in resignation because they don’t want to have to deal with this judge. So what are homeowners in Osceola County to do in the face of pending foreclosure up against US Bank National As Trustee, and GMAC (the party who took over collecting mortgage payments last year)?
Steve–one more thing. It has been over a year since I was served with UD here in CA. I am still in my home.
Steve-go back and read some of my earlier posts. I am pro se. I was served with a UD. I am in California. I fought some in UD court then I filed a fraud, TILA, predatory lending, usury etc. complaint. This was all in Calif. Superior Court system. Next, I quickly filed a Motion to Consolidate the UD with the Fraud case (two separate cases yes)…I filed that Motion with the UD court. The UD judge saw my fraud complaint and then he stated the UD court was not equipped to handle such a fraud case and he did ‘consolidate’ the two cases with the UD being dependant on the outcome of the fraud case. Thus, I am still in my home and working on my case. Again, I am not an attorney and not offering any legal advice or services. I am communicating my experience.
Sensei
At the most, these guys could only be carrying the servicing rights as an asset (or claim to…..what?). The fact that the predatory servicing and increased cash flows from default insurance create more income than the loan itself would, there is no debt left to exist and carry on the balance sheet! The notes have already fulfilled their purpose. They were used to create the mathematical dominoes that were set in motion with the borrowers signature creating the original debt instruments to insure and collect on exponentially. Hmmmm. At this point, the collateral is meaningless, isn’t it? The cash has been had from the counterparty and securities underwriter (or investor in the case of sold certificates), right?
I am seeking attorneys in California, Nevada, Florida, and North Carolina that have represented homeowners against banks with a successful track record of settlements or cases that have researchable and verifiable results. I have cases to refer and am seeking litigators who understand the process down to the letter. Contact me at email 424k88@gmail.com. Thanks -Matt
Steve
Evicition,and defending the foreclosure generally are 2 separate issues. Ifthe “lender” is trying toevict you, herein Mass it is a kin to evicting a holderover tenant.
Ive only run into that sitation once here in Mass, so Im not exactly the authority on that topic.
Glenn,
That questions was for Ira Shaver…
My queston was….My attorney say that filing for fraud and getting involved with the unlawful detatiner is two seperate matters and it creates a byproduct in the law suit. He says that I should contact the State numbers on the unlawful Detainer Notice. If this is true then is there anything else I can do. If this is not true. Let know if this is a Cop Out or a Snow Job.
Thanks
Steve CA
I need a Wichita, Ks area referral. My bankruptcy lawyer was a joke, the trustee first ruled in my favor, then was confused by the filings and ruled to sell all. I let a relative get a loan against my inherited property, they didn’t make a payment and I tried to make some payments to help out, but it wasn’t my loan and I wasn’t employed at the time. I tried to find the relative to get them to make payments, but I can’t locate them. I declared bankruptcy and it was discovered the mortgage company filed the mortgage in the wrong county. The trustee pointed this out and allowed them to file it in the correct county. The mortgage company then didn’t file the proper lien against the land and the manufactured home, but again the trustee said “oh well, they can take both because they meant to do the correct filing”. The person who took out the loan isn’t on the deed, can’t be found, but there is a filing to take the property away from me. I got papers the other day to respond in thirty days and everything was wrong in the letter. It said the loan was taken out by my son, which is not true. It said “my son” was listed on the deed and that is not true, then it said my former husband was not living at the house which is another lie as I have been married for 30 years to the same man and he lives right here on the property with me. Any ideas, any lawyers? The mortgage was sold at least once, not sure since I didn’t sign the loan I don’t have a lot of information and my hands have been tied while the lawyers and trustee try to take my inherited property from me.
This site is confusing. It says “find a lawyer that gets it”, but there aren’t any lawyers listed. Do you have any lawyers in Kansas that can help? Wichita area
Steve
No, thats probbly not true.
What is true is that most likely the loan has been paid off many times over, either through Mortgage Guarantee Insurance, cross collateralization (waterfall), or by credit default swaps.
Then if this isnt bad enough the servicer will foreclose tocollect yet again,but thistimethe servicer may possibly be keeping any monies from these sales,as the trust has already been indemnified.
Is it true that if you trace the paper trail through the securitization process, you find that someone is still making payments on the so-called loan even if the homeowner isn’t?
Anyone. Is this true?
“Our lawsuits are focused on the fraud and findings on the audit in to seek relief. Providing a courtesy answer for Unlawful Detainer answer create a Attorney Client relationship for a completely separate matter.”
“A wrongful foreclosure and wrongful eviction becomes a byproduct of our lawsuit.”
Marisol,
Call us at (772) 403-3897 or email us at floridadefenseteam@comcast.net for Florida Foreclosure Assitance. We help homeowners fight the banks as pro se litigants – the synergy of the homeowner (who can control the process) and our legal minds will provide you a fighting chance. There are no retainer fees. Thank you.
Called a realtor out of curiosity. “What does a big, beautiful 8000 sq ft B&B like that cost? And how much money does it make?” I’m still here, but gave up on the fraudulent, stated income, interest only loan.
OneWest is trying to swindle me out of my last penny and only investment. I spend hours reading the Lies everyday. Any Alaskan lawyers that do too?
Any referrals in the state of florida…!!!!!!!!!!!! Urgent
I have been delaying my foreclosure for over a year… but now i need a good attorney I do live in florida… thanks for any contact information
PEOPLE:
1. Decide what you want. Do you want to keep your home or are you trying to save your credit?
2. Decide what you are willing to give up. It’s hard to grab something new when you are holding on to everything old.
3. Realize that nothing is free. You can pay in money, time, or heartache, but you will pay.
4. If you don’t know, ask someone who does. Keep asking until you understand the information being presented.
5. Be honest but don’t expect honesty from others.
6. Don’t be afraid. I know it’s scary and frustrating, but know that you are not alone.
7. Open the mail. Pick up the phone. Write that letter. Go to that meeting.
8. Do your best.
Let’s work together and stop arguing over nickles while the powers-that-be steal billions.
You will never ever get a home back in a civil matter of limited jurisdiction and in a non judicial proceeding No. No way.Have we done it? Yes. But it would be irresponsible for us to say that it is the correct way to go.
No can do!
expert.witness@live.com
ROGER ***Jump in an help me here***
FOLLOW THE MONIES
LENDER DEPOSITOR
BALANCE SHEET LEDGER
ASSETS CAPITAL ACCOUNT
(in billions)
Debit Loan 100.00 [par value]
Credit Cash -100.00
Debit Cash -100.00
Credit Stock 100.00 [Par value]
(certificates)
- – —In a Default — – - -
Debit Stock (?) that’s the question
Credit Cash
(written down to nothing)
Where did the money originate for the loan at time of funding? Snatch the pebbles grasshopper .. .You see in my example they credit and debit are entered from a whole loan asset and wholly owned certificates, with no compensating balances for the debt used to finance the loan at settlement.
And who is the borrower to these transactions? The trust is compelling the OBLIGOR not the home owner. But banks claim there is nothing for free in our society…so there!
The lender traded its security in your home for a stock certificate valued at 100% and ratcheted up 3.5 to higher multiples.Thanks SPE for picking up the debt. and financing the obligation a registrant dropped off the above example.The accounting issues are where we believe the homes will be won or lost.
Think!!!!!!!!!!!!
expert.witness@live.com
I can tell you first hand the Judges bias problem is something I have not ever run into. I’ve seen the judge smile and set a date for trial for a pro per having only a high school education after three attorneys were blown out ahead of her. I submitted a response from judicial state and Judge loved it . He over ruled the courts limited jurisdiction.
The same Judge , upon objection asked Duetsche bank counsel is she had found the note? He said on the second objection…”Go find it”!
Another Judge was amazing in trial where (prevailed) he asked Wells Fargo’s attorney to “Sit down” . That after repeated objections he said “I have heard enough from you today counsel”.
Another Judge moved us to trial and told counsel for the defendant in a wrongful foreclosure claim. Go back and look at the recorded documents.”What you missed today would have forced me to dismiss the case brought by the lender .
Another Judge heard and exparte for a client who moved their home from a trust to a church and then to martians or something like that. I said we are dead when a Judge sees this non sense.
Well, our trustor also vacated the lien on behalf of Indy-mac bank (citing some gibberish). Indy mac bank came in an demanded the asset be reassigned and the interest for the home that had sold should be conveyed back to IndyMac banks successors and assigns. Judge rules in favor of the pro per defendants who already lost the UD hearing. Want to know who signed the successors and assigns the judge overruled? Not Indy Mac successors. Not MERS , nor Trustee.
FDIC baby…..uh huh!My promise to you all is I won’t write anything that has not a substantive element for arguing successfully and for getting your home back. Its these things I have verified first hand.I gave a little quiz here on LL, a few days ago. You might start by revisiting it.
MSoliman
expert.witness@live.com
I believe the point Dying Truth is trying to make is that judges have a vested interest in seeing you lose your home. The more money in the state coffers, the more likely they are to get paid.
What would happen if judges suddenly started following the law and ruling against banks? — Banks would STOP paying filing fees and we wouldn’t need so many judges so they would not be able to demand higher wages.
Why are judges so willing to rule in favor of the Trustee over Banks but not so willing to rule in favor of individuals? Follow the money.
Follow the money.
Follow the money.
Follow the money.
Follow the money.
The only things missing from that code is…
(c)Your first born and (d)your last breath.
Okay ever wonder why while everyone is losing thier homes states and local governments seem to be in a state of “Development”? & why judges seem to have a big problem with enforcing justice the way it was meant to be(with impartiality), almost as if they had a financial interest or some thing… well guess what they do!
CALIFORNIA CODESGOVERNMENT CODESECTION 16430-1643116430. Eligible securities for the investment of surplus moneysshall be any of the following: (a) Bonds or interest-bearing notes or obligations of the UnitedStates, or those for which the faith and credit of the United Statesare pledged for the payment of principal and interest. (b) Bonds or interest-bearing notes on obligations that areguaranteed as to principal and interest by a federal agency of theUnited States. (c) Bonds, notes, and warrants of this state, or those for whichthe faith and credit of this state are pledged for the payment ofprincipal and interest. (d) Bonds or warrants, including, but not limited to, revenuewarrants, of any county, city, metropolitan water district,California water district, California water storage district,irrigation district in the state, municipal utility district, orschool district of this state. (e) Any of the following: (1) Bonds, consolidated bonds, collateral trust debentures,consolidated debentures, or other obligations issued by federal landbanks or federal intermediate credit banks established under theFederal Farm Loan Act, as amended (12 U.S.C. Sec. 2001 et seq.). (2) Debentures and consolidated debentures issued by the CentralBank for Cooperatives and banks for cooperatives established underthe Farm Credit Act of 1933, as amended (12 U.S.C. Sec. 2001 etseq.). (3) Bonds or debentures of the Federal Home Loan Bank Boardestablished under the Federal Home Loan Bank Act (12 U.S.C. Sec. 1421et seq.). (4) Stocks, bonds, debentures, and other obligations of theFederal National Mortgage Association established under the NationalHousing Act, as amended (12 U.S.C. Sec. 1701 et seq.). (5) Bonds of any federal home loan bank established under thatact. (6) Obligations of the Federal Home Loan Mortgage Corporation. (7) Bonds, notes, and other obligations issued by the TennesseeValley Authority under the Tennessee Valley Authority Act, as amended(16 U.S.C. Sec. 831 et seq.). (8) Other obligations guaranteed by the Commodity CreditCorporation for the export of California agricultural products underthe Commodity Credit Corporation Charter Act, as amended (15 U.S.C.Sec. 714 et seq.). (f) (1) Commercial paper of “prime” quality as defined by anationally recognized organization that rates these securities, ifthe commercial paper is issued by a corporation, trust, or limitedliability company that is approved by the Pooled Money InvestmentBoard as meeting the conditions specified in either subparagraph (A)
or subparagraph (B): (A) Both of the following conditions: (i) Organized and operating within the United States. (ii) Having total assets in excess of five hundred million dollars($500,000,000). (B) Both of the following conditions: (i) Organized within the United States as a special purposecorporation, trust, or limited liability company. (ii) Having programwide credit enhancements including, but notlimited to, overcollateralization, letters of credit, or surety bond. (2) A purchase of eligible commercial paper may not do any of thefollowing: (A) Exceed 180 days’ maturity. (B) Represent more than 10 percent of the outstanding paper of anissuing corporation, trust, or limited liability company. (C) Exceed 30 percent of the resources of an investment program. (3) At the request of the Pooled Money Investment Board, aninvestment made pursuant to this subdivision shall be secured by theissuer by depositing with the Treasurer securities authorized bySection 53651 of a market value at least 10 percent in excess of theamount of the state’s investment. (g) Bills of exchange or time drafts drawn on and accepted by acommercial bank, otherwise known as bankers acceptances, that areeligible for purchase by the Federal Reserve System. (h) Negotiable certificates of deposits issued by a federally orstate-chartered bank or savings and loan association, astate-licensed branch of a foreign bank, or a federally orstate-chartered credit union. For the purposes of this section,negotiable certificates of deposits are not subject to Chapter 4(commencing with Section 16500) and Chapter 4.5 (commencing withSection 16600). (i) The portion of bank loans and obligations guaranteed by theUnited States Small Business Administration or the United StatesFarmers Home Administration. (j) Bank loans and obligations guaranteed by the Export-ImportBank of the United States. (k) Student loan notes insured under the Guaranteed Student LoanProgram established pursuant to the Higher Education Act of 1965, asamended (20 U.S.C. Sec. 1001 and following) and eligible for resaleto the Student Loan Marketing Association established pursuant toSection 133 of the Education Amendments of 1972, as amended (20U.S.C. Sec. 1087-2). (l) Obligations issued, assumed, or guaranteed by theInternational Bank for Reconstruction and Development, theInter-American Development Bank, the Asian Development Bank, theAfrican Development Bank, the International Finance Corporation, orthe Government Development Bank of Puerto Rico. (m) Bonds, debentures, and notes issued by corporations organizedand operating within the United States. Securities eligible forinvestment under this subdivision shall be within the top threeratings of a nationally recognized rating service. (n) Negotiable Order of Withdrawal Accounts (NOW Accounts),invested in accordance with Chapter 4 (commencing with Section16500).
16431. (a) Notwithstanding any other provisions of this code, fundsheld by the state pursuant to a written agreement between the stateand employees of the state to defer a portion of the compensationotherwise receivable by the state’s employees and pursuant to a planfor that deferral as adopted by the state and approved by theCalifornia Victim Compensation and Government Claims Board, may beinvested in the types of investments set forth in Sections 53601 and53602, and may additionally be invested in corporate stocks, bonds,and securities, mutual funds, savings and loan accounts, credit unionaccounts, annuities, mortgages, deeds of trust, or other securityinterests in real or personal property. Nothing in this section shallbe construed to permit any type of investment prohibited by theCalifornia Constitution. (b) Deferred compensation funds are public pension or retirementfunds for the purposes of Section 17 of Article XVI of the CaliforniaConstitution.
FYI
QUALITY LOAN SERVICE CORP. = CALIFORNIA MERS
Is this really a comment area specific to
FORECLOSURE issues or am I missing something??????
A message to those posting their winney, sniveling, off point, not germane to the issue, nonsensical, clap-trap ramblings; Find a forum to post where it’s more suited for your babbling. Some of us are really not interested in your vacuous comments
And you wonder why lawyers and those with knowledge have stopped posting here.
How about it Neil or moderator!
Tom Jeff
Alright JD, it’s good to see that in my absence you preech the gospel I would had I been here like Monsanto. Monsanto created milk that causes cancer which was sold to primarily poor people because it is the cheapest, this is the way doctors pharmacuidical co.s etc.. maintain thier side of the status quo with high cost job security for them and expensive but nesassary health as well as poor living conditions for us. Now you take all that into consideration with the Judiciary side Attorneys Judges etc.. of maintaining thier side of the status quo with the foreclosure crisis spiking the need for legal services and what not, and then there’s the push for health care reform but if that is passed the amount actually allocated amoungst the states will be drastically reduced because the census statistics will be shifted from all the foreclosures which puts the change from that bill in the pocket of congress and the administration. Now on the issue of immigration the reality is, let’s face it unless your american indian we’re all pretty much immigrants, but the primary problem that everyone forgets and seems to ignore is why the majority of us immigrated here in the first place when we sought and declared independence. ENGLAND THE BRITISH EMPIRE, the royal snobbish pricks who thought then and now think again that they own the world. sadly to my disapointment they have managed to sneek up into the ranks and now are using our country as a conduit to perform thier dirty deeds so they can profit from it.
Hey Jeff. where are you in Illinois? North? I’m across the border now, just north of Antioch. let’s get together soon if you have some time.
Illinois has a long line of criminal Governors and the like: Paul Powell, Otto Kerner, BLAGGO, Ryan, Daley, the list goes on and on. I got pummeled here last year for insinuating that the Obamanator was just another Chicago Machine Politician. How did I know? Let’s just say, uhh… experience.
Wow! J.D.
I just watched “FOOD, INC.” last night and here you are talking about illegals and Monsanto. If you haven’t seen it I strongly recommend you do. I use to think the illegals struggled crossing the heat of the desert on their own. Not the food companies bringing them over by air condition busses. I would love to point out a whole lot more in this video but you really need to see it. “FOOD, INC.”
C.E.F. said:
A real estate agent whom I semi trust told me if I put my house on the market, I could get away with not paying the mortgage for two years and put money away for some kind of future.
Anyone know how true this may be? New York state.
C.E.F.,
Being in New York I would think with the good decisions that are beginning to come out of the courts I would take the chance and challenge Servicer who is perhaps the entity that will attempt to foreclose. And there are other challenges to go after.
Just won a case in BK court with a agreement to a stipulation of the FDIC that IndyMac did not have a right to foreclose. We will be filing a Quiet Title action here in about 2 weeks.
Mortgage & Auto Audits
oliver@ipa.net
john
J D, I understood what you wrote the first time.
There is no uniformity in todays society.
I just took it to a different level in the illegal part.
Had nothing to do with your post,,it just got me to thinking. Bad idea I know but,,,
We are all descedants of immigrants here.
I too am all for doing it the legal way.
For anyone in an underwater mortgage, I just read this,,and it does help one to think logically.
http://articles.moneycentral.msn.com/Banking/HomeFinancing/weston-should-you-walk-away-from-your-home.aspx
I still have equity in my house in a much desired area.
I noticed in my local newspaper that my servicing company bought a house in my neighborhood, 11937.
No doubt they will make a nice profit off of it unless one of the major principles of the company moves in.
Which is most likely the case.
C.E.F….
Do not misunderstand my statements to immigration. I am not against anyone coming to this country who wish to better themselves, help their families or enrich their lives. I come from a family of immigrants.
What I meant was that because we are so diversified there is NO SENSE OF COMMUNITY OR COMMON THREADS that tie us together as it is in other parts of the world.
I have nothing against anyone who is willing to work in a field picking the strawberries, etc. that you wouldn’t go out and pick for like wages. Mexican or otherwise. I welcome them and all who seek freedom.
But at what price? It is not the “immigrants” who are sucking the welfare system dry. They come here and gladly take the jobs that those who “use the system” by churning out welfare babies for a monthly fee from the government refuse to do. And why should they, because the system is designed to make you dependent and pacified.
My father who served this country in WWII (perhaps the last war worth fighting) now at 84 years old has never one time gone to the V.A. or any other gov. org. for assistance because in his mind… It was a hand out. But now that they (and wife) are facing financial difficulties (not that they were ever rich, but inflation has caused whatever money they receives to be worthless) can’t qualify for food stamps, because according to the gov…. They make too much from their pension to qualify.
Do you realize that our country produces enough food to actually FEED THE WORLD! But unfortunately companies like MONSANTO who now control the seed market don’t want that. Nor does and of the so called NEO-CONS or the Corporations. They want you to starve as they are starving those in Africa (and elsewhere) where the NATURAL RESOURCES are the key. Those in power who play ball reap the benefits promised by the “powers that be” that covet the control of those resources.
The rulers like Chavez are propagandized as enemies of the “State” because him and others like him want to keep their nations resources under their country’s control. Now I am by no means an advocate of his ways of keeping power but I can understand his thoughts.
I have traveled extensively around some parts of the world including Mexico, Venezuela and damn near all of South America and parts of Europe. I have seen the good, the bad and the ugly.
We bitch and moan about $6 dollar and hour jobs because we were raised differently in regards to coveting material things. And $6 bucks an hour just won’t pay for that plasma tv or bmw.
WE HAVE LET OURSELVES TO BE LED DOWN THIS PATH. UNFORTUNATELY IT IS TOO LATE TO DO SOMETHING OR ANYTHING ABOUT IT.
I believe 9/11 was an inside job to set up this “NATIONALIZED POLICE STATE”. ALL THE EVIDENCE PROVES TO THE FACT IT WAS. Just because “the People of the U.S.” could never think that “OUR” leaders would be capable of such horrors is BS. We have rained terror on millions of lives through the years all in the pursuit of “WHAT RESOURCES THEY HAVE”.
Research history by other means then what they print in your school books.
Ignorance may be bliss, but it will ultimately be our demise.
Oh yeah. Lennon said it best,
” Happiness is a warm gun “
J.D., I have read the United States, and the United States Government are two seperate entities.
We fight back and will be labled as terrorists.
Which in this case is`nt a bad thing.
Heres something that struck me while reading your post and thinking about the illegal alien problem,,which is heavily tied in to why the countries in the crapper.
Hire mexicans to take out the powers that be.
Its cheap, may even catch on as the country seems to go with the latest trend.
They are here, so why not use them to our advantage?
If they get caught , who gives a rats ass?
Like Karen said, when reason doesnt work, be unreasonable. I think this falls right in line.
I know it would never work, but we need to do something.
What better place to start than here, what better time than now ?
Google some Rage Against the Machine lyrics.
Bullet in the Head, Take the Power Back, Testify, Calm Like a Bomb, Know Your Enemy.
They saw it all coming.
JD,
Peace does not pay nearly as much as war, so I may just have to take my old job working to make weapons so that I can continue to be part of the problem and keep my house.
Maybe I can ride the Sustainable Living wave and deprive developing nations of the right to feed and house themselves, power, and communications in the interest of saving the planet.
That’s a thought. Since we know honesty is not rewarded and crime does pay, why are we intent on being honest? Truth is not a defense, businessmen are rarely incarcerated for perjury and judges never for subornation of perjury, and we have no Constitutional rights other than the right to promote and distribute adult pornography. God Bless America.
Well here I sit approaching the 1 year mark of being homeless after my home was stolen away from me (yes I said stolen, I paid my mortgage). And I must say I am just friggin sick of it all.
And to Karen…
As much as I can appreciate what you are saying, any and all efforts are and will be fruitless. This is not a country of free men. This is a country set up by the Bilderbergs, the Rothchilds, the Bushs and all the corporate and banking bastards that run the world.
What ever you guys choose to believe is your own. However, until we start acting like a country where THE PEOPLE RULE THOSE WE ELECT, this is what you get and deserve.
All these bastards who create the laws etc are all in the deep pockets of the powers that be. Not too mention they are lawyers making the laws. Now who do you think will profit?
Our problem is the same thing that makes this country as great as it is. Immigration. Too many different cultures allow for this complacency. If we were ACTUALLY a country made up of CITIZENS UNITED (despite our origins) as opposed to a country made up of half whom have been spoon fed and brain washed by the media with their favorite sports teams and beer and the other half who fled their countries for the American Dream (which now consists of a $6 an hour job, cable tv, a car and A/C.) then I am more than certain we would be out in the streets stringing up the lawyers, politicians and the bankers.
I pity America when George H Bush and all his cronies have succeeded in stripping away every basic right you ever had.
The judges are on the payroll, the congress is on the payroll, the senate is on the payroll even your beloved Barrack Obama. And in turn, the payroll determines the course of civilization.
You cannot win in fighting for your homes. The lawyers have created themselves a nice little niche as “LOAN REPRESENTATIVES” taking your monthly payment of $500+ per month only to side with the banks to keep you enslaved in your lives. After a year or so of collecting your payments and delivering false promises, be prepared to move.
And bedsides, YOU WILL NEVER TRULY OWN YOUR HOME OR LAND. We are all just renting it for a while. I am not talking about owning until you die because you can’t take it with you either.
Do a search on the Bankruptcy of the United State of America Inc. Then you will see who truly owns “YOUR LAND” and your government. We do not pay the IRS of our benefit or our country’s.
Although you may think it is BS… Do a video search for “Esoteric Agenda”. Prisons being converted to “HOLDING CAMPS” to contain “indefinitely” whoever gets nabbed with the “Patriot Act”, Codex Alimentarius the removal of life sustaining nutrients in food to starve the masses of much needed elements for healthy survival. Agenda 21 (Sustainable Development) puts in to place the elimination of the middle class and 93% of the worlds population as well as the Biodiverity and Wildlands Project. (The last two things mentioned is why you will never win in trying to save your home.)
The Neo-Cons are required to let you know what they are going to do to you because of their beliefs. However their delivery of information is deceiving. They want you to be blinded by their actions so they keep you entertained.
Too them WAR IS MONEY and it has been for a very long time. They will put out the propaganda selling you on their wars and the false reasons for them by ways of hollywood productions etc. Sure I love a good movie, but open your eyes folks and ready your guns!
PLEASE, PLEASE, PLEASE, FOR THE LOVE OF WHATEVER YOU BELIEVE IN WAKE UP!
John, thanks for the offer, but as I suspected it is just another rip off.
I hope she loses everything.
She was taking advantage of a situation.
She gets what she deserves.
Karen, I know not to drink the Kool-Aid,, I meant it as what the “powers that be ” are telling the sheep.
Curious as to what kind of preperations a person with your education would be considering.
If you care,,,Drumodad@yahoo.com
Jeff, thats why I said half !
I know its not all of any group that should be dropped from a high rise. But it does get the point accross.
A real estate agen whom I semi trust told me if I put my house on the market, I could get away with not paying the mortgage for two years and put money away for some kind of future.
Anyone know how true this may be? New York state.
He also referred to this current situation as a “controlled crash ” that the government is allowing to happen.
They know they cant help everyone, They are letting it “work its way out”.
Now I am wondering when and where the tent cities will start springing up.
Regardless of whom the quote is attributable to I believe that it was a Banker who actually said “Kill all the Lawyers”. We (lawyers) try our best to get laws passed and regulations created but we are turned away almost as fast as the ATM convenience fees hit you.
Senator Dick Durbin (Illinois Dem) said Capitol Hill is owned by the banks and banking lobbyists. Unfortunately in our short attention span nation we only remember crooks from Illinois.
Why is it that as of today not one single regulation has been put into effect to prevent the financial catastrophe that we are in? Why is it that as of today not one Law has been passed to prevent the ridiculous “Mickey Mouse” math that Wall Street uses?
It is amazing how quickly the Bush administration and congress were to give out 700 billion dollars with no strings attached. Not so amazing is the fact that the same Republicans who unanimously voted to give the money to the banks are now unanimously voting against any sort of regulations on the money. Banks are borrowing from the fed at a interest rate of ZERO!!!! . Yet they loan it to us at loan-shark rates. Why is it that as of today only 31,000 homeowners nationwide have been given permanent mortgage modifications? They do not want to help us and our congress gave them this money without forcing them to help the public.
The truth is plain and simple. Until the average citizen does something to express their outrage to their elected representatives nothing will change. We must force the banks to do what they have been as of yet extremely reluctant to do: Help someone other than themselves.
And you can take that to the bank.
GOD BLESS bank of AMERICA
Don’t drink the Kool Aid. Give it to your enemies. We have to live to destroy those who seek to destroy America.
It’s up to us to take back this country and if we have to kill all the bad guys to do so, then so be it.
Don’t drink the Kool Aid. Give it to your enemies. When reason doesn’t work, be unreasonable.
To C.E.F.
I did buy the book and afterward go word that she (Ms. Martin) had lost on some investments and was on the verg of loosing I believe some 5 homes.
I was not impressed with her book. If you give me your address off line I will be happy to send it to you.
Mortgage and Auto Audits
oliver@ipa.net
john
Dr. Richard N. Gray, Harvard trained radiologist, formerly of Brentwood, CA, and currently of Boston, will attest to the fact that i have kept he and his family of 6 in a) possession for over 10 years without a mortgage payment, and b) kept a lock on title to his Brentwood home via lis pendens going on 12 or more years. We go to trial next year. There were no “securitization” issues when we started his case. I did it for him the old fashion way, with blood, guts and basic California Mortgage Law.
WIth just three days to do it, I just obtained an ex parte issuance of a writ of possesion for architectural blueprint and LEVIED them through the Victorville sheriff’s department, styming the attempt of the defendant to board a plane bound for Argentina with those plans, nevermore to return to the US or to return the plans to their rightful owner, Daniel Gyurec. Go ahead, confirm these facts with Mr. Gyurec himself:
daniel.gyurec@gmail.com
Steven K. Kop
steven.k.kop@newdawnlaw.com
It all does seem to be a waste of time and money at this point for people like us.
Too bad most Americans are sheep,,led by those who want them to remain sheep.
Drink the Kool-Aid.
As for me, I think the only solution is to take all the lawyers, politicians and bankers into a very very large field, give half rifles, the other half targets on the forehead. FIRE !
Repeat as needed.
Started a dispute on Paypal with Iris Martin over the Mortgage Wars book I ordered over a month ago.
Anyone else order it?
If so, did you ever get it ?
Karen is right,spread the word.
Eat the rich !
Karen,
You FORGOT something. You should have said,
“You can’t win! Lower your shields! We are the
Borg ….. erhhh Goldmans Sachs. We will
assimilate….erh ah liquidate YOU. By the way
please PLEASE Ignore those annoying legal losses
we’ve been suffering lately.”
I believe you get what focus your mind on. I choose
a better day for us all friends and so called FOES.
A better day for us all….A better day for us all…….
A better day for us all…….
HI Steven K. Kop,
You said:
One step closer to the Utimate Mortgage Buster Weapon:
The US Bankruptcy Code: http://www.marketwatch.com/story/house-to-vote-on-letting-judges-modify-mortgages-2009-12-10
I went to the site and read the article. I am sorry but I do not see how this will truly help.
The cram-down measure, which was introduced by Rep. John Conyers, D-Mich., chairman of the House Judiciary Committee, would allow bankruptcy courts to extend repayment periods, reduce interest rates and fees and adjust the principal balance of mortgages so homeowners can avoid foreclosures.
It does not who the bankruptcy courts are dealing with, Lender, Servicer,,,,who?
I have yet to see a case involved with a Trust where the Trust revealed who the Beneficiaries are. The Trust is not the Lender and the Servicer is not the Lender.
Also, once the Note was “converted” into a Bond the Note was paid in full and the ‘value’ of the Note was converted/transferred into the Bond. The Bond had no value until the Note was paid in full. Since that is the case how is the Note enforced!
Hey, not trying to dog you here, just getting the facts straight.
Mortgage and Auto Audits
oliver@ipa.net
john
Time to demand FACTS and DATA people.
To Steve Kop:
Exactly how many cases have you WON using any of the arguments you present?
What is your win-loss record in any field over the last five (5) years?
Are you really qualified to lead people down one particular path, or are you trying to make a name for yourself in order to bank some money from gullible, scared people?
Please share some truth so we can better evaluate the worth of your statements. Thank you.
One step closer to the Utimate Mortgage Buster Weapon:
The US Bankruptcy Code: http://www.marketwatch.com/story/house-to-vote-on-letting-judges-modify-mortgages-2009-12-10
Jeff,
We are looking for an attorney in Illinois and would like to contact you off blog.
Email me with your contact information and would like to spend a little time with you on these mortgage issues.
Just won a case in BK in MASS.
Mortgage and Auto Audits
oliver@ipa.net
john
THANKS JEFF. I look to the Declaration of Independence for my outrage. If more Americans actually READ what our founding fathers wrote, maybe they would join us.
I too am done with the argument and moving forward with my own personal plan.
Karen,
Welcome to the battle! I am a licensed attorney in Illinois and I have been screaming the same thing that you state here today. I have repeatedly asked “where is the public outrage” and “why have we not taken to the streets with pitchforks and torches”. Hell I even quoted the constitution and asked if the words had any meaning.
I received very little support for my concepts. I did get several emails asking for help or comments of agreement. Mostly I received countless examples of the banks and our government destroying the lives of hard working citizens.
Today I am still outraged. But I am tired of shouting. My voice has been ignored and I fear little can be done to assist the common person.
I will end this post as I have ended many of my posts.
GOD BLESS bank of AMERICA
Anyone who tells you otherwise is lying to you. Whether they are doing it for profit (i.e. lawyers and experts who tell you about the latest strategy they want to use to “help” you — for an upfront non-refundable, no recourse fee of course)) or bloggers (who need to grow their base so they can become an expert so they can begin charging expert money) doesn’t matter.
It’s all a bunch of lies. The sooner you realize this, the sooner you will stop wasting your time expecting justice from the corrupt judiciary and focus your energies on losing as little as you will lose in the war.
YOU WON’T WIN … at this point you should focus on cutting your losses (time, health, dignity, money) BEFORE they take possession of your house (and while you are still custodian) .
There is no help. There will be no victory. We are all screwed. Unless and until everyone who believes they are wrong commits civil disobedience (including burning down your home rather than allow the banks to steal it if needed), there will still be over 1,000 Americans screwed for every person lucky enough to win any concessions.
Don’t believe the hype. We are at WAR — it’s the people versus the banks and corporate-backed courts who care more about the rights of the corporation over the rights of the individuals.
Prepare for war or prepare to lose your house after wasting your efforts fighting.
WAR PEOPLE, WE ARE AT WAR.
Karen, Former Harvard University John F. Kennedy Scholar
(I have many other credentials but just thought I’d throw that out there so you can all see that mine is not an uninformed, ignorant position but rather a well-thought out, reasonable conclusion based on all the available evidence I can synthesize.)
Status of HR 4173 – “It aint over til its over”
http://www.thomas.gov/cgi-bin/bdquery/z?d111:HR04173:@@@X
H.R. 4173, the Wall Street Reform and Consumer Protection Act will be considered by the full House of Representatives beginning this Wednesday, December 9th.
This bill will allow an Amendment to be added to the original House Bill enabling bankruptcy judges the power to grant loan modifications (aka mortgage cram downs and strip downs) in an effort to help unemployment consumers stay in their homes. The effect the country is experiencing due to the rapid rate of foreclosures is causing the immediate necessity to pass this Bill.
EXCERPT FROM ARTICLE PUBLISHED BY THE AMERICAN BANKRUPTCY INSTITUTE
House Judiciary Chairman John Conyers (D-Mich.) has submitted an amendment to the financial overhaul package that would allow a bankruptcy judge to modify the terms of a home mortgage, including reducing the principal, CongressDaily reported today. Fifty-four amendments were filed two hours before deadline submission yesterday, and the House Rules Committee will meet today to consider the parameters for floor debate and again Wednesday before issuing its rule. Debate on the legislation could start as early as Wednesday.
LINKS FOR MORE INFORMATION:
Newsfeed from December 8, 2009
http://www.cnbc.com/id/29529573
Link to ABI Article (you need to login to read the entire article)
http://www.abiworld.org/ Click ONLINE RESOURCES then BANKRUPTCY HEADLINES
Newsfeed from April 30, 2009
http://www.foxnews.com/politics/2009/03/05/house-passes-mortgage-bankruptcy/
SAMPLE LETTER (OR EMAIL) TO YOUR REPRESENTATIVE:
I am writing to urge Rep. __________ to support the amendment to H.R. 4173 being offered by Reps. Conyers, Turner, Lofgren, Marshall and others that will help stabilize the housing market by helping families avoid foreclosure.
The foreclosure crisis continues to worsen and is preventing the economy from beginning its recovery. In 2009 alone there have been more than four million foreclosures, and it has been forecasted that unless something is done, there will be 14 million more over the next few years.
The Obama Administration’s Making Home Affordable plan has failed because it provides a carrot, but no stick. The stick was always intended to be judicial loan modifications.
Obviously, the banks and servicers are not going to modify loans voluntarily. We need judges to be able to modify the mortgages on primary residences for homeowners in bankruptcy.
If you voted yes on HR 1106 this past spring, this new amendment is identical to H.R. 1106. If you voted no on HR 1106: Please consider that in the intervening months, the foreclosure crisis has gotten much worse. If our economy is to recover, we need the housing market to stabilize before any recovery can take hold. Thank you.
Sincerely,
Your name here
HOW TO FIND YOUR HOUSE REPRESENTATIVE:
https://writerep.house.gov/writerep/welcome.shtml
Steven K. Kop
Attorney at Law
(310) 721-8557
steven.k.kop@newdawnlaw.com
In regards to Horoski vs. OneWest, is it possible that this case will be overturned at the federal level?
Have been working on a solution to my mortgage problem and was told by a real estate agent that this is very possible.
Aso would like to know if anyoone has ordered the book Mortgage Wars by Iris Martin?
Through her site I found this site.
Now my problem is I ordered the book about a month ago, have called twice to see when I should expect it. I was told she just got some in and it would be sent out right away. That was over two weeks ago. I cant help but feeling those who claim to be helping us are actually taking advantage of an already seemingly hopeless situation.
I did receive an email from Steven Kop asking me what county I live in. I replied, then heard nothing in return. I loive in the same county as thge Horoski`s.
It seems judges here get it, but finding a lawyer to get to that point has been an obsticle.
Dear Sir, I am desperate for help and answers I have a Fannie Mae Loan and Flagstar is my lender and they are not willing to work with me!! I am a homeowner and single mom for the past twenty one years with not one but two dead beat dads. I have worked two jobs for the past twenty years to make ends meet or just to survive. Last year I lost my job. My dad built my home. For ten years, weekends and vacations blood sweat tears and joy and a labor of love and every extra penny he had. then he retired here when it was finished. He took a mortgage out on this home and property when he retired to pay off his debt of $46,000. After a year of living here he got diagnosed with terminal cancer his last wish to die at home with honor. My sister wouldn’t give up her life and move to take care of him so me and my children did. When dad got diagnosed, he wanted me to have this home but I had to get a loan to pay off his mortgage I tried several times with several brokers and lenders and no one could get me approved since I just moved up here and just started working and I have had horrible credit. We accepted that we quick claimed deeded the home to both my sister and I just in case he passed away while I was attempting to get a mortgage and we just sell the home and split the profit. Until I met Patty Fulton from Great lakes Mortgage and she said “Fannie Mae widened their guidelines on a lot of things and we were able to tell them I was working at McDonalds and that I made $2,200 a month I never have for thirteen years when in actuality I hadn’t worked there in over a year and half and just started to work there again when I moved up here. Also she said that we had to put it through as a cash-out refinance because my credit quite where Fannie Mae needed so I need to pay off some of my debt to increase my credit score. The house value is $148,000 and my loan was for $65,000. But it got approved amazingly. I spent 30 minutes with her filling out application and that was it she even joked(I could loose my job for this) I thought really why ?She had the white out a few times I don’t remember what for and she said power to the little people but in truth she was just setting me up. But never questioned again. I was so afraid of the entire thing so I clammed up. She made money .I had to do the closing with another lady who had me initial here and there. This Lady her name is Lois from Milltown Title and escrow she actually came to my dad’s death bed to have him sign papers and check for paying off his loan and she took that check to the credit union to pay it off. Plus she made every one quick claim themselves off the deed so I was the only title holder? We gave up everything and we made this community our new lives. Dad’s life insurance wasn’t enough to pay off mortgage (so he gave it to my sister) and gave me this wonderful home and he thought if I stayed current I could get money from equity later. Little did he know the economy would turn upside down the past three years. I got a job here and got a mortgage in my name to pay off the house. My dad was only expected to live for 7-10 days. He lived until the day my mortgaged was signed actually three days after. Diagnosed July 3.2006 he died September 14,2006. no food or drink but he didn’t want me to loose this home. now because of unknowing what my right s are and were I have already foreclosed on my home and about to get evicted unless I can pay $90,393 to redeem or get Flagstar to work with me and this Mod Making Homes Affordable but they said I don’t qualify which I know is a lender based decision. Before my home went into foreclosure last year I used MSHda services and she Alice Yoeman told me my only options were to pay off the $12,000 in delinquency(based on her communication with Flagstar) not because my insurance lapsed and now which when I was having problems already paying the $632 and in a payment plan I received a noticed my payments were going up to $1190 a month. After researching this year I know some of my rights would have included a escrow shortage loan options or anything else not to contact an attorney before the sale So I didn’t know what to do. So My home was sold at the sheriff sale last November 19,2008 and Because I live on more than 3 acres I had a year redemption. The end of my redemption process has already happened with eviction process to soon start. When my home was sold I got letters from Flagstar and Trott and Trott saying that there is still options to save my home and to contact them which I did immediately. In February they told me my only options were to pay $8,000 then we could work on mod. Which I didn’t and still don’t have. In April with the roll out of the Making Homes Affordable program I contacted Flagstar again and they said I qualify send in all paperwork which I did on April 06,2009. In June I received paperwork from Flagstar saying they needed more information which I didn’t know was a Letter of Verification(you see I am on unemployment for the first time in my life and I did not know that I could and should have contacted UIA office to get this so I printed out what was available to me online which only verified that my benefits only ran through December so because of this the Loan Specialist (Candace Pebbles)who is no longer with Flagstar not requesting or knowing what information was needed or how I could get it I was not qualified for Fannie Mae Loan as of July 30 because I couldn’t prove that my benefits weren’t for at least 9 months(Fannie Mae Guidelines)and now with extensions my benefits run for an other 52 weeks. Any how when I found out I could get a letter from UIA in October 19,2009I did just that and faxed it in immediately to Flagstar but they at this point will do nothing even with 1 year of benefits remaining. Andrea Boeman-Davis at Flagstar is the supervisor of Loss Mitigation(248-312-2199). I have Jarvis from Mission of Peace in Flint, a HUD faith -based-sponsored program helping me and she told us that I don’t qualify now because I am in the redemption period (this is a lie! I called Fannie Mae hotline and they told me it a lender based decision. I just paid another company $200 because they insisted that until the eviction noticed is served I have rights. Well guess what they couldn’t help at all either. I continue to fight to my last breath. I am a first time home owner who don’t know my rights and don’t have to any adult friends or family whom I can turn to for guidance. Me and my family need desperately your attention to this matter ASAP.
Any information or guidance will be appreciated. Last Monday the Real Estate Agent named Laurie Jamison (Coldwell Banker989-3902464)came to my home and advised me that my options are through another company I never heard of PMH Financial Assets) and told me if I don’t agree to the cash for keys option that the eviction process will start in three days .Will a Truth in lending audit help me? Who do I ask the judge or free legal aid how what who? What do I need to do? I was terrified that if I said anything regarding Patty Fulton predatory lending, mortgage fraud, and misrepresentations, actions that I would get in trouble but now I know that that was part of her plan to make me believe that was my only option to get the loan approved and My father sickness and my vulnerability and unknowingly got taken set up to default so they could flip the house and make a huge profit!. Today I called a lot of people and they all told me that they are not the parties to be named or holder of due course to contact Fannie Mae and I did but no one has called me back.
Nobody over the past 15 months said hey do you think you may have been a victim? I know I Am! I need help to find out what course I need to take! I am sorry that it took the Holy spirit to help me get my strength up to not let this go unpunished. I feel that I have been mistreated by all the partied involved because they want nothing to do with a lawsuit and now I need help to stop the eviction process until legal action can be sought! I called the courthouse today and the person told me that Federal National Mortgage Association attorney Donald King 248-723-6952 filed paperwork today and that eviction start or court would be on December 10.I need help please.
Thanks in advance,
Crystal Young
989-915-2179/989-915-2924
1602 Stephan Bridge Road
Grayling, MI,49734
HEY YOU GUYS WHY IS IT THAT WHEN YOU SUE A LENDER, SERVICER ETC.. THIER NAMES AREN’T ON THE SERVICE LIST BUT THE PURPORTED ATTORNEYS THAT REPRESENT THEM DO?
I have tried to work the short sale process for 11 months, 16 loans for $1.3M in properties. I cannot find a lawyer ‘who gets it’ in the Kansas City Area.
I have 11 months of call logs full of mis-information and lies given to me by the operators of both Bank of America and GMAC (including the former lenders Countrywide/Greenpoint and Homecomings).
I was told on Tuesday by the Bank of America negotiator that I don’t qualify for a modification until ‘I have not overcome my hardships’. Those hardships being that the properties don’t bring in enough revenue (due to reduced rent roles and vacancy) to cover the current loans, thus I don’t qualify. I have also not overcome the vacancy ‘hardship’ and thus don’t qualify either.
For this particular modification, the “investor” (I believe it is Well Fargo) have their own loan modification rules and it’s ‘out of BOA’s hands’. Negotiators are assigned loans based on their knowledge of how the ‘investor’ negotiates loan modifications.
RICO FRAUD, FORGERY LOTS MORE 3 or more IDENTICAL NOTES ALL BEARING DIFFERENT TERMS. WITH MY SIGNATURE THAT I DID NOT SIGN. SETTLEMENT STATEMENTS SHOW POC AND A DIFFERENT TERMS
M.Soliman- Did the secured creditor do those things? Are you sure? Did another party of interest perhaps have a hand in the duped lenders woes.
The parties your seeking to face in a debtors adversary are not likely to have standing as a creditor. There is my .02 cents.
The asset if sold to a trust is not who you are calling the originator but holder in due course and interested party in the trust asset. That asset is not your home or loan however….Is the creditor the servicing agent and for who? The liability holder is the trust as are other interested parties subject to the successors and assigns.
Are you seeking to enforce relief from a party YOU are allowing to establish themselves as the creditor . . . careful here whereby the obligation may have standing but the lien is lost by claims of defects or by securitization / replacing the security with stock certificate still outstanding at time of filing.
These arguments are so outside the scope of a community or local bankruptcy attorney (who left the litigants trial world to enjoy life) and requires expensive discovery. Judges at this district level will also tell you they are not about to determine case law for the ailing American homeowner who is cash strapped and none the less acknowledged to be sitting on a predatory
loan. **
** Hint: The District Courts presiding over BK and receivership have made it clear the loans are predatory and something considered of mutual consideration and shared culpability. Use this to your advantage! You might want to let the judge in the matter off the hook with an easy decision and big bang win as for your goals and objectives.
M.Soliman
expert.witness@live.com
EXPERT ANALYSIS FOR: RECENT APPELLATE DECISION FAVORING THE DEFENDANT (BANK)
December 4, 2009
By: M. Soliman
Appellate Courts
CAROLYN HOLBERT,
Plaintiff and Appellant,
v.
FREMONT INVESTMENT & LOAN,
Defendant and Respondent.
C058026 /(Super. Ct. No. 06AS01940)
Plaintiff contends issues of fact remain on her claims for violation of the federal Truth in Lending Act (15 U.S.C. § 1601 et seq.) (TILA), as amended by the Home Ownership and Equity Protection Act of 1994 (15 U.S.C. §§ 1602(aa) & 1639) (HOEPA), unfair business practices and financial elder abuse stemming from a home loan issued to plaintiff by Fremont. We conclude Fremont was not required to comply with HOEPA, which applies when the finance charges imposed on a loan exceed a certain threshold. We conclude two charges imposed on plaintiff, one to pay off a preexisting debt to another lender and another to satisfy a prepayment penalty on a prior home loan, were not finance charges within the meaning of HOEPA.
Here the expert will testify “Had plaintiffs counsel considered the time period for the acceptance and further sought to introduce a random sampling needed for determining any bias against or to support the subject claim. This may have had merit and is logical whereby pricing abuses are more evident by a pipeline comparison as compared to isolated examples and sole claim. This is arguable whereby pricing to plaintiff may be seen arbitrary by the courts yet not to scale with more astute borrowers and / or those unwilling to accept the same pricing provided to plaintiff.
—————————————————————————————-
We conclude plaintiff has not established a claim against Fremont for unfair business practices. While unfair business practices may include both unlawful and unfair acts, the complaint in this matter alleges only unlawful acts. Furthermore, the alleged unlawful act is a violation of HOEPA, which we conclude did not occur here.
Here the expert will testify for the plaintiffs counsel and need to considered the cause and intent of lender for which lawful business practices were breached. Was there a “delegated Underwriting System in place to conduct business with the secondary market and was the system breached, unfairly as it often is. This is seen as something lenders do to ramp business unfairly and does in fact support a basis to establish an unfair advantage in order to circumvent the origination platforms gaps and stops for acceptance errors and ensuring against predatory lending practices.
—————————————————————————————-
Finally, while plaintiff may have a viable claim against her loan broker for financial elder abuse based on various misrepresentations made during the loan process, she failed to link that claim to Fremont, who is as much a victim of the broker’s misrepresentations as plaintiff.
If I was expert here I submit to conditions precedent not identified and arguably something sought before bringing the claims here. (1) Was brokers activity’s subject to an agency agreement and (2) these agreements specifies a plethora of Do’s and Don’t subjecting the parties to (3) terminate the broker relationship at any time prior where a pattern of abuses has been shown .
I know first hand that Broker business is highly deceptive, from origination and submission and therefore begs for the lender to ensure significantly a higher level of safeguards. These protections provided by the defendant to the secondary markets are mandatory to ensure against this type of liability for claims the plaintiff is making here.
A derelict quality control staff or faulty risk mitigation department is easy to determine from published procedures found in SEC documents with respect to “stringent”, “verifiable” , “mandatory” controls needed for mitigating risk and to circumvent the lenders indifference in application of the procedures. This notion of protections are in fact afforded every borrower and assumed enforced by lender and investors policies held in check by the reps and warrants traceable to the registrant and the investors.
——————————————————————————————
The court therefore has ruled to therefore affirm the judgment of dismissal.
Note: Counsel in the matter is someone I have encountered from time to time when presenting facts subject to testimony and constructing for counsel suggested pretrial considerations. Counsel Ryan is a formidable attorney with my respect regarding protecting a lender in foreclosure litigation. This is something that is worth noting and where the opposing counsels record in court is unknown.
msoliman
expert.witness@live.com
Julia, I’m in FL and may be able to help–
call 941377-9930
I am in desperate need of a FL atty to take over a bankruptcy advesary proceeding. MY ATTORNEY REFUSES TO EVEN AMEND THE SCHEDULES I WILL GET MY HOUSE BUT I NEED AN ATTORNEY WHO GETS IT. RICO FRAUD, FORGERY LOTS MORE 3 or more IDENTICAL NOTES ALL BEARING DIFFERNT TERMS. WITH MY SIGNATURE THAT I DID NOT SIGN. SETTLEMENT STATEMENTS SHOW POC AND A DIFFERENT TERMS
http://www.uscourts.gov/library/codeOfConduct/Code_Effective_July-01-09.pdf
CODE OF CONDUCT
FOR UNITED STATES JUDGES
(c) “financial interest” means ownership of a legal or equitable interest, however
small, or a relationship as director, advisor, or other active participant in the
affairs of a party, except that:
(i) ownership in a mutual or common investment fund that holds
securities is not a “financial interest” in such securities unless the judge
participates in the management of the fund;
Hmmm… Maybe that’s why the courts could care less, because as long as we’re at a loss they’re at a gain
Floridians in Need of Foreclosure Defense?
http://www.floridadefenseteam.org
As a Circuit Judge in Florida once said about defending a lawsuit in his court:
..”Having or not having a meritorious case has little bearing in defending a case in my court. The ability of a good defense attorney that knows how to use the laws properly will block the Plaintiff from ever advancing a lawsuit.”
Remember: USA
USE EXISTING CASE LAW
STRIKE FRAUDULENT DOCUMENTS
ARGUE ON THE 4 CORNERS OF YOUR MOTION
NY SUFFOLK COUNTY COURT FREES BORROWS FROM $525K MORTGAGE – CALIF BANK GETS DEATH PENALTY ~~~~ COUPLE GETS FREE HOME !!!!
http://www.nypost.com/p/news/local/judge_kos_mortgage_to_slap_bank_28ZS1oW8Y58z6gu1AQbWMI
Steven K. Kop
Attorney at Law
(310) 869-0269
steven.k.kop@newdawnlaw.com
http://www.newdawnlaw.blogspot.com
“CALIFORNIA CODES
PENAL CODE
SECTION 470-483.5
470. (a) Every person who, with the intent to defraud, knowing that
he or she has no authority to do so, signs the name of another
person or of a fictitious person to any of the items listed in
subdivision (d) is guilty of forgery.
(b) Every person who, with the intent to defraud, counterfeits or
forges the seal or handwriting of another is guilty of forgery.
(c) Every person who, with the intent to defraud, alters,
corrupts, or falsifies any record of any will, codicil, conveyance,
or other instrument, the record of which is by law evidence, or any
record of any judgment of a court or the return of any officer to any
process of any court, is guilty of forgery.
(d) Every person who, with the intent to defraud, falsely makes,
alters, forges, or counterfeits, utters, publishes, passes or
attempts or offers to pass, as true and genuine, any of the following
items, knowing the same to be false, altered, forged, or
counterfeited, is guilty of forgery: any check, bond, bank bill, or
note, cashier’s check, traveler’s check, money order, post note,
draft, any controller’s warrant for the payment of money at the
treasury, county order or warrant, or request for the payment of
money, receipt for money or goods, bill of exchange, promissory note,
order, or any assignment of any bond, writing obligatory, or other
contract for money or other property, contract, due bill for payment
of money or property, receipt for money or property, passage ticket,
lottery ticket or share purporting to be issued under the California
State Lottery Act of 1984, trading stamp, power of attorney,
certificate of ownership or other document evidencing ownership of a
vehicle or undocumented vessel, or any certificate of any share,
right, or interest in the stock of any corporation or association, or
the delivery of goods or chattels of any kind, or for the delivery
of any instrument of writing, or acquittance, release or discharge of
any debt, account, suit, action, demand, or any other thing, real or
personal, or any transfer or assurance of money, certificate of
shares of stock, goods, chattels, or other property whatever, or any
letter of attorney, or other power to receive money, or to receive or
transfer certificates of shares of stock or annuities, or to let,
lease, dispose of, alien, or convey any goods, chattels, lands, or
tenements, or other estate, real or personal, or falsifies the
acknowledgment of any notary public, or any notary public who issues
an acknowledgment knowing it to be false; or any matter described in
subdivision (b).
(e) Upon a trial for forging any bill or note purporting to be the
bill or note of an incorporated company or bank, or for passing, or
attempting to pass, or having in possession with intent to pass, any
forged bill or note, it is not necessary to prove the incorporation
of the bank or company by the charter or act of incorporation, but it
may be proved by general reputation; and persons of skill are
competent witnesses to prove that the bill or note is forged or
counterfeited.
470a. Every person who alters, falsifies, forges, duplicates or in
any manner reproduces or counterfeits any driver’s license or
identification card issued by a governmental agency with the intent
that such driver’s license or identification card be used to
facilitate the commission of any forgery, is punishable by
imprisonment in the state prison, or by imprisonment in the county
jail for not more than one year.
470b. Every person who displays or causes or permits to be
displayed or has in his possession any driver’s license or
identification card of the type enumerated in Section 470a with the
intent that such driver’s license or identification card be used to
facilitate the commission of any forgery, is punishable by
imprisonment in the state prison, or by imprisonment in the county
jail for not more than one year.
471. Every person who, with intent to defraud another, makes,
forges, or alters any entry in any book of records, or any instrument
purporting to be any record or return specified in Section 470, is
guilty of forgery.
471.5. Any person who alters or modifies the medical record of any
person, with fraudulent intent, or who, with fraudulent intent,
creates any false medical record, is guilty of a misdemeanor.
472. Every person who, with intent to defraud another, forges, or
counterfeits the seal of this State, the seal of any public officer
authorized by law, the seal of any Court of record, or the seal of
any corporation, or any other public seal authorized or recognized by
the laws of this State, or of any other State, Government, or
country, or who falsely makes, forges, or counterfeits any impression
purporting to be an impression of any such seal, or who has in his
possession any such counterfeited seal or impression thereof, knowing
it to be counterfeited, and willfully conceals the same, is guilty
of forgery.
473. Forgery is punishable by imprisonment in the state prison, or
by imprisonment in the county jail for not more than one year.
474. Every person who knowingly and willfully sends by telegraph or
telephone to any person a false or forged message, purporting to be
from a telegraph or telephone office, or from any other person, or
who willfully delivers or causes to be delivered to any person any
such message falsely purporting to have been received by telegraph or
telephone, or who furnishes, or conspires to furnish, or causes to
be furnished to any agent, operator, or employee, to be sent by
telegraph or telephone, or to be delivered, any such message, knowing
the same to be false or forged, with the intent to deceive, injure,
or defraud another, is punishable by imprisonment in the state
prison, or in the county jail not exceeding one year, or by fine not
exceeding ten thousand dollars ($10,000), or by both such fine and
imprisonment.
475. (a) Every person who possesses or receives, with the intent to
pass or facilitate the passage or utterance of any forged, altered,
or counterfeit items, or completed items contained in subdivision (d)
of Section 470 with intent to defraud, knowing the same to be
forged, altered, or counterfeit, is guilty of forgery.
(b) Every person who possesses any blank or unfinished check,
note, bank bill, money order, or traveler’s check, whether real or
fictitious, with the intention of completing the same or the
intention of facilitating the completion of the same, in order to
defraud any person, is guilty of forgery.
(c) Every person who possesses any completed check, money order,
traveler’s check, warrant or county order, whether real or
fictitious, with the intent to utter or pass or facilitate the
utterance or passage of the same, in order to defraud any person, is
guilty of forgery.
476. Every person who makes, passes, utters, or publishes, with
intent to defraud any other person, or who, with the like intent,
attempts to pass, utter, or publish, or who has in his or her
possession, with like intent to utter, pass, or publish, any
fictitious or altered bill, note, or check, purporting to be the
bill, note, or check, or other instrument in writing for the payment
of money or property of any real or fictitious financial institution
as defined in Section 186.9 is guilty of forgery. ”
Steven K. Kop
Attorney at Law
steven.k.kop@newdawnlaw.com
310.869.0269
http://www.newdawnlaw.blogspot.com
Hey Neil,
I see from these posts that homeowners are looking for lawyers who can help them. During the seminar I attended in La Jolla several weeks ago, you mentioned how Attorneys who attended the seminar would be put on the “lawyers who get it” list. Is that not true? I have sent in two previous requests to be added so that perhaps I can help a few homeowners in Arizona. I have received no response. Your handout book also stated how hard it was for you to find a lawyer in Arizona and that you had 300 homeowners in need of help. Well, I am here to help.
Is there any way to get added to the list?
If Federal Judges like lying lenders more than State judges, then we are all in big trouble. There was a time I never thought I would encourage mass civil disobedience, but I think we are well passed that point as a nation..
FDIC as a Holder in Due Course:
http://www.constructionlawattorneyblog.com/2009/11/fdic-loans-sales-its-good-to-be-a-holder-in-due-course.html
Steven K. Kop
Attorney at Law
bluejaylaw@gmail.com
(310) 869.0269
Bernard:
“I’m wondering why they would want to move to Federal Court–what is the advantage for them?”
From an article I read:
When the lawsuit is filed, and prior to the Preliminary Junction Hearing, if there is one Federal Charge alleged in the complaint, the lender will usually have the lawsuit remanded to Federal Court and away from State Court.
The purpose will be to request a dismissal of all charges. They have a simple reason for doing this. The lenders know that Federal Court judges tend to be more receptive to the lender’s side and often will dismiss the case.
This appears to happen more often than not. As a result, it is beneficial for lenders to have the case remanded to Federal Court.
The homeowner must understand that the lender has a very specific goal in mind during this phase of the lawsuit. The lender wants to stall the entire process, causing extensive costs to the homeowner.
It is hoped that the homeowner will simply run out of money or give up and let the home be foreclosed upon, which happens quite often.
I have a suit filed against my lender. Upon receipt of the complaint & summons, their attorney filed a notice of ‘removal to Federal Court’. I’m wondering why they would want to move to Federal Court–what is the advantage for them?
Secondly, can you refer me to a ‘lawyer who gets it’ in the greater Sacramento area?
Can anyone recommend an attorney that “Gets It” in Northern Virginia. I am facing foreclosure and need help now.
Cindy
Maryland attorney Brett Weiss apparently may be a classmate of mine. I am also a graduate of the University of Maryland School of Law ’77 and obtained my undergraduate degree at The Johns Hopkns University in Baltimore, MD. Another classmate of mine at both UMd School of Law and Hopkins is bankruptcy practitioner Christopher Tsien of Columbia, MD. Chris is the County of Howard appointed “forensic foreclosure examiner.”
Steven Karlton Kop
Attorney at Law
bluejaylaw@gmail.com
310.869.0269
Greg,
Brett Weiss is a very good bankruptcy attorney and has attended the workshops of Max Gardiner. The firm he belongs to is big.
I’ve read some good articles from him.
His Number is 301-220-2200
Here’s the website…
http://www.bankruptcylawmaryland.com/aboutus-brett.htm
Sorry to mention my phone is 540-687-0004
Greg, Please call me so that I can refer to you to some attorney in Virginia/DC,
i am not a worry-wart.,but time is of essence with my case, does anybody know of a law firm in the dc md,virg area that “get’s it”. i am not trying to live fre.e i;am trying to keep my house of over 55 years. already been foreclosed. my first lawyer died unexpectanly. the second lawyer informed me last week, after 3 months that they are not familiar with my case. somebody, please HELP. . i have (what i tink) is a win win plan,but need an competent attorny to present it.
David,
Davis,
David,
I am sorry to hear your experience trying to find an attorney in Virginia. I am also looking for an attorney in Virginia. It is hard to know who to hire but at some point we need to trust someone. Going up against the pretender lenders on our own is no longer an option. Is there anyone on this site willing to share their positive experience with an attorney helping them in their foreclosure defense in Virginia? I need to hire someone soon and I am afraid to just pick one without some kind of testimonials from folks who have used them.
pmbva@yahoo.com
Greg – I don’t mean no harm – but for Brown-Brown-&-Brown does “not” know what they are doing. Been there done that… It took me 2-months just to get my paperwork back. They claimed they had been to Neil’s seminars (this was last year) but I all I heard was – file bankruptcy and essentially hope for the best negotiation. In Maryland the lender can sue the borrower for the remaining balance… I will admit our case is a bit more involved than most – but on the phone – great – everything is honky-dory but sitting there – talk about rescission or any offensive moves – hello, is anyone home… NOPE!
It was a total waste of our time and very frustrating. Maybe they’ve changed – hope so – and if so, I’ll retract this statement but our experience was not good. First consultation cost us 200 bucks .
Our lender has committed multiple counts of fraud – conspiracy to defraud – fraudulent settlement based upon a fraudulent U&O Permit, based upon fraudulent inspections that were never done on the property, which based ultimately based upon a fraudulent incomplete appraisal. They lender conspired “with” the county code official and the builder to obtain a fraudulent U&O to settle our loan. The loan was then sold before we made our “first” mortgage payment. We paid the full mortgage payment for 8-months before finally moving in “unfinished.” The house was never completed and does not pass state or local building codes even today. So, when I speak to an attorney my question is fairly simply – “if” the lender does foreclose “what” exactly are they getting? Because the mortgage note – Deed of Trust that those knuckleheads bought does NOT describe the improvements that are supposed to be here according to the appraisal, etc. So, my question is kind-a simple – how can they hold me responsible because “THEY” were too lazy to do their proper DUE DILIGENCE when they (supposedly) purchased NOTE from the original lender? The original lender is who put the screws to them – NOT ME. But here’s a little twist – I believe the “servicer” table funded the entire deal and they only want an appearance of the mortgage sale to gain the “assignee” shield of added insulation from the borrower… with all that illegal action – hey, who could blame them, right?
Here’s another kicker – according to the PSA – they made Affirmative statements to the Fed that the mortgage properties in the pooling agreement have NO zoning violations – all inspections & permits are legal and have a legal USE & OCCUPANCY PERMIT – well gee-whiz Captain Kirk – can we get Scotty to beam those poor boys over some fresh new docs – they seemed to have lost our note… Oh, but wait – there’s more… in comes the flimflam man to save their day…
NOW – we just found out the foreclosing mill that FILED foreclosure in COURT and are TICKED-off that we are not out in the street already- well miracles are still out there – WE JUST FOUND OUT the attorney and partner of this seriously HUGE law firm – yep – the newly appointed substitute Trustee appointed to kick us out of OUR HOUSE – HIS SIGNATURES are FORGED on the foreclosure docs… Holy-Forgeries – Batman – that means the original lender committed fraud and conspiracy to CREATE the mortgage – then they ILLEGALLY sold it with dirty-hands – knowingly & willfully it was latent with frauds, forgeries, and plenty of other illegal acts to Countrywide (their cohort) – which then stuffs that puppy into a pool of special treats for their investors and KAA-ZAAM – they gots themselves a double-whammy securitized backed mortgage note thingy – just ripe & waiting to cash-in on that securities insurance… isn’t that called the WALL STREET LOTTERY or something? okay so they rigged their lottery is that a surprise to anyone…? Look at it this way – what’s a little securities scam dipped with a little insurance (fraud) sweetness going to hurt… hey, what are taxes for, right?
Our case has enough fraud, conspiracies, blatant outright deception, lies, forgery, embezzlement, to give slices for Santa to pass out on his rounds this year… but YOU WON’T FIND A FREAKING ATTORNEY in Maryland with enough know-how, experience, and plain ole – tenacity to take these sob’s OUT and put them away. NOPE, not that I’ve found – been looking for 2-3-yrs and spent at least 40k thus far… And the stuff I’m talking about is “real” – material evidence on TONS of documentation. We have so much illegal stuff going-on they can’t even lean on the other cheek without causing a migraine… but what they do have that we don’t is $$$ and time.
Our time runs out in about 5-6 wks. This is a million dollar note birthed in conspiracy, created in fraud, feed with manipulation, deception, and lots of unfair & deceptive acts including embezzlement, with a double-slice of that good ole extra-sweet homemade FORGERY to top it off. And we’re talking REAL-DEAL SANCTIFIED with STACKS of credentials CERTIFIED Hand Writing expert SIGNED – SEALED – DELIVERED – and the proof runneth over!!! BUT we can’t find a “real” attorney ANYWHERE. (I should note – we found one in Florida but thus far he has not wanted to take the case full-force but he has GREATLY helped defend thus far.)
I would like to find an attorney with the tenacity of a junkyard dog and the keenness of a chess player. This forger foreclosing mill has at least 14-thousand cases in the MD – VA area – right now! If I am allowed – I will POST the docs here – PROVING this SOB is FORGING the docs… If you are in MD – VA – I need to figure out somehow how to let you folks KNOW NOW – YOU SHOULD KNOW – because it should help your cause… Could someone governing the board – let me know how to do this so others can use this artillery for the benefit…
If it wasn’t for one person on this board, we would have lost everything already – OUR many THANKS to a good friend – Kat…
David
Sorry for rambling…
For those in Oregon and Washington… I have called many attorneys – and the ones listed on this site for Oregon – will get you no help!
I have struggled with my home (s) and I am sure a lot of you are finding a hopeless situation. I have been taken by a few scams myself and I am willing to admit. It seems like everyone thinks they know something. Do not trust the “Right to Cancel” Revocation of Power of Attorney” Removal of the Trustee” All you will get is trouble with fraud in the reconveyance.
If you are looking for some guidance, let me know
email: tam1012@comcast.net
“Defective Paperwork Strips Mortgage Holder of Foreclosure Rights
The National Law Journal
A Massachusetts federal judge has upheld a bankruptcy court ruling allowing a trustee to treat a mortgage as an unsecured claim, which strips the mortgage holder — in this case, Countrywide Home Loans — of foreclosure rights because of defective paperwork. The order affirmed a bankruptcy court order denying plaintiffs’ request to send a question of law to the Supreme Judicial Court of Massachusetts. The case is Mortgage Electronic Registration Systems Inc. (MERS) v. Warren E. Agin, trustee.”
Steven K. Kop
Attorney at Law
(310) 869.0269
(310) 496.2666
bluejaylaw@gmail.com
http://newdawnlaw.blogspot.com
http://www.unfuckyourself.wordpress.com
FLORIDA LAW: ANOTHER WAY TO DEFEAT THOSE PESKY FORECLOSURE MILL ASSIGNMENTS:
MOTION TO STRIKE ASSIGNMENT
Under Florida law, corporations may convey real property in accordance with the requirements of either section 689.01, Florida Statutes (2004),2 section 692.01, Florida Statutes (2004), or section 692.02, Florida Statutes (2004).3 Section 689.01 requires
any conveyance of real property to be signed in the presence of two subscribing witnesses by a person or persons authorized to sign on behalf of the corporation, but does not require a seal. Section 692.01 provides that a corporation may convey any
interest in real property by a document sealed with the common or corporate seal, and signed in its name by its president, vice-president, or chief executive officer. A
document executed in this manner need not be witnessed. See Real Property Complex Transactions § 9.7 (Fla. Bar CLE 4th ed. 2006).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 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. See id. (citing Attorneys’ Title Ins. Fund, Title Note 11.05.03 (2004)); see also Real Property Sales
Transactions, § 6.43 (Fla. Bar CLE 4th ed. 2004); Standards 4.3-4.3-1
@Greg – You may have already reached out to them but Brown, Brown & Brown, P.C. is very good in DC/VA. You can reach them at 703-924-0223.
ANYBODY KNOW ANY ATTORNEY IN THE WASHINGTON DC AREA THAT “GET’S iT) IN THE FORECLOSURE DEFENCE. I HAVE YET TO FIND ANYBODY WHO WANT S TO HELP ME.
“New York Bankruptcy Court Expunges Mortgage After Lender is Unable to Produce Assignment
A recent ruling by the United States Bankruptcy Court for the Southern District of New York underscores the importance of making sure that all of the t’s are crossed and i’s dotted when it comes to documenting the assignment of any mortgage. In this decision, the Court took the drastic measure of expunging a lender’s proof of claim after it was unable to prove that it owned the mortgage upon which its proof of claim was based. As demonstrated by the Court’s ruling, failure to accurately and completely document an assignment of mortgage may have dire consequences for the assignee . . .”
Email me for details and strategy:
bluejaylaw@gmail.com
Please note my e-mail address for the lawfirm of Joseph W. Charles, P.C. in Glendale, Arizona should be katchison@joecharles.com the e-mail listed under “Find A Lawyer That “Gets It” is incorrect.
Attorney in Florida needs South Carolina co-counsel for negotiation in lieu of litigation. please e mail Scott Fistel at fsflaw@gmail.com or contact office at 954-522-1212
Why are there no attorneys for Michigan on the list?
How do I find a lawyer in Michigan who can handle my case? My mortgage company – Chase – just sold my home out from under me with NO notice, NO letters, NO calls, nothing taped to my door – nothing!
To All:
I just came across this information on the secritization of Automobile Notes. Read closely…AmeriCredit takes the money they receive from the purchase of the Note by the Trust (don’t forget the 2nd hidden YSP [yes even in auto loans]) and then reinvests the money in new loans…how about them apples????
AmeriCredit gives credit where it’s not necessarily due. The company purchases loans made by about 10,000 franchised and independent auto dealers primarily to consumers with less-than-ideal credit histories. It typically finances low-mileage, late-model used cars (about 80% of all loans), and the occasional new automobile. The company then periodically transfers its loans to securitization trusts, retains the servicing, and reinvests the proceeds in new loans. The lender has nearly 1 million customers and approximately $11 billion in managed auto receivables. It operates about 15 credit centers in suburban locations close to car dealerships.
Mortgage & Auto Audits
oliver@ipa.net
john
I need a lawyer who gets it (lawyers) for the State of Nevada please. Can someone reffer me some? I’d appreciate it greatly!
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
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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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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:
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.
8) Click on Prospectus Supplement (.pdf) to open the document.
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 possession.
Do you see where I am going here under FAS 140-3 and Derecognition? Banks are the e underlying component for the securities model to work and FDIC capital limits make this game a dangerous one.
Back to the insurers. By supplementing or replacing the lenders exposure to risk based capital rules and enforcement (getting caught) various Insurance policies written on ABS and CDOs are in the form of “pay as you go” CDS.
I understand this to mean (correct me if wrong) that in the event of a default, insurers are responsible for paying any interest shortfall and ultimately, any principal shortfall. (As the assets age and depending on the vintage of offerings).
So for example, say AMBAC insured a senior, AAA-rated subprime RMBS piece. We will assume pool loss level exceeds the registrant expectations allowing the the lower senior sub piece to liquidate while your senior tranche can withstand a small hit – 15 to 20bps/ ann. shortfall Insurance is accountable for only the 15 to 20 bps over time and not on demand.
In a typical CDS contract, the seller of protection must buy the reference item upon default – protection upon default.
msoliman@borrowerhotline.com
admin@borrowerhotline.com
msoliman
http://www.langleybanack.com/news/index.php?year=2009
Please read this article. They don’t have the Notes because they have been converted into Securitized Instruments.
MSoliman
Mortgage Audits
oliver@ipa.net
john
MSoliman,
I think you are side stepping the issue question.
A Note is converted into another instrument and is no longer a Note. That new instrument can be offered and sold in the capital markets. When this happens the Original Note has to be Voided. It’s in the Federal Register. Read it yourself, it is only a 100 pages or so.
You have to look at the step by step process of where the Note is and what is going on in the transaction. It’s like you have 3 cups turned up side down on a flat board. You put the Note under one of the cups and you start moving the cups around so fast you can’t keep up with which cup the Note is under….
Mortgage Audits
oliver@ipa.net
john
to msoliman or anyone else who can answer- I posted
several questions 8/17-haven’t gotten any answers, here is another one- when a pool of mortgages defaults, or goes to zero value, and the cds proceeds are paid by the Fed or Treasury via bailouts, who gets the money? The investment bank who took out the cds? The trust? The investors who purchased the debentures? what is the wording in the s&pa or the trust or the articles? of the trust in regard to this? I haven’t seen this mentioned AT ALL on this or several other websites in the last year. Please advise. “Illegitimi non carborundum est”
The Need to Raise Issues Under FAS 140 While Approaching Foreclosure.
The Issues herein involve the culmination of the recovery process for the subject asset. Our intention was to either bring these arguments to court in a formal pleading and action or talk this matter out subject to a reconciliation of the misunderstanding.
Accounting professionals know under the Federal Accounting Standards Board who addresses these matters that the securities platform which your client delivers into was motivated by an economic participation in loans originations and transfer. Delivery by a seller under the terms of the trust indenture are subject to extensive representations by a registrant and to mean all related parties acting in combination for the benefit of the reporting parties to the investment, typically as a subsidiary or wholly owned entity.
Pay close attention here as you have a paramount responsibility and must remain accountable for transparency with regards to the subsequent events surrounding the subject loan and the majority of the loans you claim are held in trust. Our accounting and Wall Street analysts have concluded the critical factors affecting the trust platform and delivery methods mirror one another from trust to trust and loan or asset to asset. Your reliance on CDS insurance specifically allows member FDIC banks to cut the normal $800 million capital for every $10 billion of corporate loans on their books to just $160 million, meaning banks with CDS insurance can loan up to five times more on the same capital.
Strict compliance is mandated for a credit default swap (CDS) is a swap contract in which the buyer of the CDS makes a series of payments to the seller and, in exchange, receives a payoff if a credit instrument — typically a bond or loan — goes into default (fails to pay). Less commonly, the credit event that triggers the payoff can be a company undergoing restructuring, bankruptcy or even just having its credit rating downgraded.
CDS contracts have been compared with insurance, because the buyer pays a premium and, in return, receive a sum of money if one of the events specified in the contract occurs. There are a number of differences between CDS and insurance. The buyer of a CDS does not need to own the underlying security or other form of credit exposure; in fact the buyer does not even have to suffer a loss from the default event. In contrast, to purchase insurance, the insured is generally expected to have an insurable interest such as owning a debt obligation;
• the seller need not be a regulated entity;
• the seller is not required to maintain any reserves to pay off buyers, although major CDS dealers are subject to bank capital requirements;
insurers manage risk primarily by setting loss reserves based on the Law of large numbers, while dealers in CDS manage risk primarily by means of offsetting CDS (hedging) with other dealers and transactions in underlying bond markets; in the United States CDS contracts are generally subject to mark to market accounting, introducing income statement and balance sheet volatility that would not be present in an insurance contract;
Hedge Accounting may not be available under US Generally Accepted Accounting Principles (GAAP) unless the requirements of FAS 133 are met. In practice this rarely happens.
A bank has federally regulated capitalization limits and set-aside risk based requirements you so well articulate here. So is the bank a warehouse lender or mortgage lender? And, are the securities participants all related? Are these corporate guarantees from an SPE and bankrupt insulated entity?
Where the guarantees are as the SPE holds no assets. Is the guarantee from the recently bailed out Wall Street institutional investor? Or perhaps a BK victim likes GMAC? If the loan is delivered as a sale operating under the assumption of a subsequent event, which it is, then you none the less SOLD the asst absent any control or obligation to repurchase? Question here is why are the parties collecting and directing the recovery process if the combinations has committed to a sale.
A bank cannot make a subprime loan unless the loan is sold to a bonefide third party. Survey say’s no sale has taken place, where they have not perfected title or interest in title and the subsequent evens are solely to throw you off under the presumption a trustee sale is in fact an open market transaction. Here are the arguments for sending this RE investment trust or “sinking vessel” of financial of worthless assurances a drift and into receivership. It’s called derecognition. Your bank capital set aside logic is illogical and could lead the banks to collapse from these unsold “troubled assets” and force the government into a “relief program” whereby under FAS 140-3 it addresses the topic as follows:
“If a transferor has no continuing involvement in the transfer of the loan with the transferee the transfer is considered a SALE.”
THAT PARTY IS OFFERING A BROKEN PROMISE OF RELIEF, WORKOUTS, and MODICIFACTIONS ETC (which it is) the controlling interest shall be accounted as secured borrowering. Derecognition of trust assets and capital set aside limits that the bank avoided create a sticky situation and using a trustee sale to establish an OMT is an SEC fraud and subject to criminal consideration.
MSoliman
Secondary Examiner
admin@borrowerhotline.com
Is securitization fraudulant?
No who ever said it was fraud. I opine you should not use fraud in a defense.
In order to securitize you originate the loan and deliever it to the security as a Transferor to a transferee.
The transferor is the obligor and the transferee is the creditor. Or in the case of a trust its memebers or certificate holders are the creditor.
Wheres the fraud- I dont see any fraud what so ever.
msoliman
admin@borrowerhotline.com
To MSoliman:
The following is part of an article with has a link at the end of this blog. I believe understanding the securitization of the loan is part of the KEY to this big corrupt mortgage industry by not only Wall Street but the very Government that has been elected by the People of these united States.
I have yet to see any Expert report in any case outlining the law as to how the securitization of the loan (what was securitized, the Note, the Mortgage / Deed of Trust or both) created a void Note and/or Mortgage / Deed of Trust.
If the Securitization was fraudulent then why worry about the Trust that the Securitized Instrument was placed in? How did the Securitization change the NOTE into a Different Document / Instrument?
Are the Noteholders “required by law” to inform the Borrower at the time of the loan transaction their intent (other than selling of the Note / servicing of the Mortgage / Deed of Trust?) as to what is being done to the Note?
In the Federal Register / Vol 70, No. 5/ January 7, 2005 the Government said that:
“Asset-backed securities are securities that are backed by a discrete pool of self-liquidating financial assets. Asset-backed 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. In a basic securitization structure, and entity, often a financial institution and commonly known as a “sponsor,” originates or otherwise acquires a pool of financial assets, such as mortgage loans, either directly or through an affiliate. It then sells the financial assets, again either directly or through an affiliate, to a special created investment vehicle that issues securities “backed” or supported by those financial assets, which securities are “asset-backed securities.
So we see here that the NOTE and/or the Mortgage/Deed of Trust is [ converted into instruments ]. These are “new” instruments / Documents. What happened to a borrower’s Note / Mortgage / Deed of Trust from which the new instruments were made?
What is the cost in Securitization of a Note/Mortgage/Deed of Trust? Who pays for it?
Article….
To understand securitization, one must think like a banker. Bankers believe that profits are constrained by reserve requirements. So, what they really want is to expand credit with no reserves; the equivalent of spinning flax into gold. Securitization and derivatives contracts achieve that objective. They create a confusing netherworld of odd-sounding instruments and bizarre processes which obscure the simple fact that they are creating money out of thin air. That’s what securitization really is; undercapitalized junk masquerading as precious jewels. Here’s how economist Henry CK Liu sums it up in his article “Mark-to-Market vs. Mark-to-Model”:
“The shadow banking system has deviously evaded the reserve requirements of the traditional regulated banking regime and institutions and has promoted a chain-letter-like inverted pyramid scheme of escalating leverage, based in many cases on nonexistent reserve cushion. This was revealed by the AIG collapse in 2008 caused by its insurance on financial derivatives known as credit default swaps (CDS)…..
The Office of the Comptroller of the Currency and the Federal Reserve jointly allowed banks with credit default swaps (CDS) insurance to keep super-senior risk assets on their books without adding capital because the risk was insured. Normally, if the banks held the super-senior risk on their books, they would need to post capital at 8% of the liability. But capital could be reduced to one-fifth the normal amount (20% of 8%, meaning $160 for every $10,000 of risk on the books) if banks could prove to the regulators that the risk of default on the super-senior portion of the deals was truly negligible, and if the securities being issued via a collateral debt obligation (CDO) structure carried a Triple-A credit rating from a “nationally recognized credit rating agency”, such as Standard and Poor’s rating on AIG.
With CDS insurance, banks then could cut the normal $800 million capital for every $10 billion of corporate loans on their books to just $160 million, meaning banks with CDS insurance can loan up to five times more on the same capital. The CDS-insured CDO deals could then bypass international banking rules on capital. (Henry CK Liu, “Mark-to-Market vs. Mark-to-Model” http://www.henryckliu.com/page191.html )
Link: http://www.smirkingchimp.com/thread/22164
Mortgage Audits
oliver@ipa.net
john
RECEIVERSHIP TALKS CONTINUE FOR GUESS WHO?
No it’s not WallMart folks. Freddie Mac Posts 1st Quarterly Profit in 2 Years Freddie Mac, the second-largest provider of United States home mortgage funding, on Friday posted its first quarterly profit in two years as gains from hedges and a one-time accounting change offset still-lofty credit losses, Reuters reported.
For the first quarter in four, Freddie Mac said it would not need a capital injection from the Treasury to maintain its business of providing credit for United States housing. But it said it continued to rely on government money to keep it afloat.
Freddie Mac and its larger rival, Fannie Mae, are seen as key barometers of the American housing market, having expanded their scope as competitors fell during the financial crisis. Under government control since September, they are also being asked to do more for United States efforts to stabilize the shaky housing market, even though that is turning out to be a costly effort.
Together, the companies own or guarantee more than $5 trillion in United States mortgages.
“Our outlook remains cautious due to rising foreclosures, growing unemployment, tight lending standards, and buyers’ reluctance to reenter the market,” John Koskinen, Freddie Mac’s interim chief executive officer, said in a statement.
Freddie Mac reported second-quarter net income of $768 million, compared with a $9.9 billion loss in the first quarter and a $821 million deficit in the period a year ago.
After payments of $1.1 billion in preferred stock dividends to the United States Treasury, Freddie Mac had a net loss of 11 cents per diluted common share.
Freddie Mac said profit was cushioned by a $5.1 billion increase in equity due to the adoption of accounting rules that govern how it must recognize losses. It also had a $4.2 billion gain from derivatives that rose in value as interest rates rose, and greater interest income as its borrowing costs fell.
Provisions for credit losses declined to $5.2 billion in the second quarter from $8.8 billion in the previous period, driven by recent home price improvements, it said. But that benefit is probably seasonal, and provisions will probably rise again, it said.
Fannie Mae on Thursday reported a $14.8 billion quarterly net loss, and noted a “significant uncertainty” to its long-term health given the lingering housing crisis and costs taken to slow foreclosures.
Go to Article from Reuters via The New York Times »
msoliman
admin@borrowerhotline.com
If a trust is insolvent it should be in bankruptcy. If it attempts to work out problems while it continues with corporate malfeasance and drunkard spending by insiders and Wall Street preferential then someone must stop the pain felt by the lil guys who die a slow death
Creditors have rights and may seek to force a company into bankruptcy or force a receiver to be placed in the organization with the express intent to liquidate it. I was called into an assignment in 2007 where the orphan managers were left standing with $3 million and $18 million shot down the drain.
The ownership was on the run but could return and who knows what they would do with the remaining capital. I contacted bankruptcy attorneys and after a while we all agreed it was a matter of receivership and subject to bringing the complaint to the state attorney general.
NOTE- The Feds did eventually show up not to long thereafter with military style weapons amour guns and badges a blaze (a li’l weird in my opinion) as woman and children were horrified. The government sought to preempt the state here and recivership but still to protect and uphold the law. )
Otherwise, I recommended to the management the company be placed into voluntary receivership or face involuntary action of the same kind.
Some of you have fun at my expense and so do I …its all good. But I’m not fooling around here however about the prospects of bringing receivership to a trust which is under state juridiction. The control is relinquished from the trust’s Trustee who is fired.
Assets (your loans) can be liquidated in as little as 14 days. Are you a debtor or a creditor (THINK don’t speak and the light will come on! ). READ EACH PROSPECTUS AND INDENTURE SUBJECTING THE INVESTOR TO RETURNING ALL CASH RECEIVED TO DATE TO THE BORROWER ).
But on the other hand if you bring down one investment trust in receivership you may bring down the entire US banking system. . . that’s your problem If I stand behind my articles and comments.
So what are the chances? Believe me, I DONT KNOW! Maybe save the travel plans for the march on Wall Street while capital markets animators and these “Banksters” are off in the Hamptons and you are left homeless.
A threat of receivership will even the playing field with the top level brass you personally call on to further discuss the problems you are having. This is the case while you ask questions about the prospects of derecognition and default using a problematic foreclosure profile that is repeating itself day in and day out.
This is a difficult and dark time in all our lives.
God Bless America and have faith!
To msoliman-
Is it true that banks own 5% of the mortgages, and
trusts own the other 95%? And is this because they couldn’t dump the few mortgages they held before the secondary market collapsed? Please comment.. And on a foreclosure filing, is the “so and so bank, NA as trustee” only because a trust cannot legally foreclose, and if so, why is that? How many banks, in your experience, acting as “trustee” aren’t registered to act in such a capacity, and must they be registered in each state individually, or is there a blanket national registration allowed? My last question, when a loan servicer, in their foreclosing documents, lists “legal fees in the 8-12,000 dollar range, of which they forward around 1200 bucks to the foreclosure mill, is there any accounting for this charge? Do they actually have “legal departments” staffed by attorneys, or are they just following the computer program they all use, and what is the name of that program- I think 55% of the servicers use the same outfit. Thanks, and I enjoy your detailed posts on the picayune underpinnings of the whole shameful scam, especially the GAAP and FAS rules. “Illegitimi Non Carburundum Est”
Maher-can you please explain how a trust would be liquidated?
What are steps the trustee would need to take?
UD TRIALS AND EVALUATING NEGLIGENCE CASES
If you are in an unlawful detainer hearing remember you’re limited in your defenses. There is always some hope for what I call the foot in the door approach with a judge and California UD hearing.
Pro life advocates are firmly set in the argument of life under any and all situation. The other side or advocates believe there must be some minimum compromise. However, pro life knows that any concession of any kind will result in the foot in the door and thereafter the door can swing wide and wider open. Extreme as this example is it illustrates the UD courts position on the subject of jurisdiction. I believe your best defense is a judicial offense and avoidance of the UD matter in favor of filing a complaint in the next department of district court. There you can seek to consolidate the matter while requesting a hearing in proper jurisdiction for a temporary restraining order in anticipation of obtaining an injunction. It’s too much to gamble that the judge will allow just one argument necessary to open the door for a wrongful foreclosure claim limited by jurisdiction.
As a foreclosure expert witness my claims are that low modification and workout s are due to more lender fraud. Very few borrowers have received much assistance at all from the major lenders. These Wall Street backed “pretender lenders” are acting as if they are compliant with government calls to fix the problem of mass foreclosures. It appears to be an effort to deceive the public. This information is provided according to M.Soliman an analyst and research sector specialist. He cites FAS 140-3 as a problem whereby GAAP accounting rules actually prohibit a modification and do not permit the originating lender to have any control over the assets when claiming to have sold them into a security.
The housing crisis is hitting states like Oregon and Washington hard for example and more calls for economic assistance by homeowners will lead to fewer chances for a solution. Without a remote chance for relief foreclosure is a likely scenario for millions of Americans who had hoped to keep their home.
Courts and the presiding judges maintain strict jurisdiction over the most heinous of foreclosure evictions. They remain focused and limit defense arguments to a three day notice and evidence of proper service for the detainer notice. My engagement as an expert has allowed me to review and document serious issues of transparency under Sarbanes-Oxley related information and servicer conflicts attested to and falling under section 1122 AB under the SEC authority. Auditor attestation reports are damaging to say the least when accompanying the 10K and 8 K filings for lenders and our counsel has no doubt the same exists for you. The class action you see listed herein is deadly and accurate in its attack of a cover-up by ENRON bred, rouge accountants….once again.
I am prepared to show under FAS 140-3 that the “sales” reported to the SEC are material misrepresentations regarding transfers and control of assets that are NOT sales. Instead it’s all covering up a member banks leverage of secured debt similar to a hypothecation and subject to repo agreements that allowed each of the unlawful business combinations to aid and abet each Federal Savings Banks. Therein is a fraud against the OTS and FDIC auditors about their balance sheets and true levels of capitalization.
These same lies cover up the fact that the correlative Wall Street investment trusts are in actuality presently over 20% impaired in their assets, which by the terms of the trust indentures, must result in the collapse and liquidation of the trusts. Both the pass-through trusts and the FSBs and Bank N.A. are insolvent as a matter of law. This is the stark reality of it all.
All of these facts may be pleaded as a matter of public record and will result in production of substance at trial, to the likely profound dismay and detriment of the combination of companies.
msoliman
http://www.borrowerhotline.com
Morgan Stanley Class Action Complaint
http://www.oakbridgeins.com/clients/blog/morgan2.pdf
A class suit is moving along If you purchased one or more of the above stated certificates pursuant and/or traceable to the alleged false and misleading Registration Statement and Prospectus Supplements issued between December 2005 and November 2007.
According to the complaint the plaintiff alleges that Morgan Stanley Capital I Inc. and certain of its officers and directors, the issuers and underwriters of the above stated certificates and the rating agencies that rated these Certificates violated the Securities Act of 1933. The complaint alleges that on December 23, 2005 (with amendments on February 17, 2006 and March 14, 2006), Morgan Stanley Capital and the defendant issuers caused the Registration Statement to be filed with the SEC in connection with the issuance of billions of dollars of Certificates.
And the Registration Statement omitted and/or misrepresented the fact that the sellers of the underlying mortgages to Morgan Stanley Capital were issuing many of the mortgage loans to borrowers who did not meet the prudent or maximum debt-to-income ratio purportedly required by the lender, did not provide adequate documentation to support the income and assets.
These items are significant s they are required for the lenders to approve and fund the mortgage loans pursuant to the lenders’ own guidelines, were steered to stated income/asset and low documentation mortgage loans by lenders, lenders’ correspondents or lenders’ agents, such as mortgage brokers, because the borrowers could not qualify for mortgage loans that required full documentation, and did not have the income required by the lenders’ own guidelines to afford the required mortgage payments which resulted in a mismatch between the amount loaned to the borrower and the capacity of the borrower, so the lawsuit.
msoliman
http://www.borrowerhotline.com
Thanks Don
yes all these judges are covering their asses.. think about why would go out on a limb to rescue a drowning homeowner… not in our lifetime.
corporate law has long engulfed civil law and or civil rights.
not all but most judges/lawyers/bankers/politicians all sleep together, sad ; [
and yes the entire system has been manufactured to produce servitude of the working class..
$$ is the boundary of our social class
We are trying to locate an attorney in North Carolina who “gets it” and can help us keep our home. The lender has sold our home without any service (not posted or mailed or in person). 910-237-3048
Mr Neil has done everyone homeowners & lawyers alike a great service here.
so if you speak of lawyers that turnout to be rip-offs or scam artists this in no way
reflects on neil so i doubt you’ll be banned here speaking the truth or opinion of another as long as its not defamatory ,on the contrary reveling a scam or legal rip-off , lawyer or other is of a benefit to all of us.
the” truth membership does have its privileges” ! not “american express”
otoh
Mortgage Auditor,
this Minnesota case ..well
i’m pretty sure its a loser, fighting MERS… it seems like a foolish move to engage them without a sure TRAP to prevent them from squirming out.
the case law appears todate without a doubt in their favor.
its not the laws that win your case for you its the lawyering that wins your case.
Be careful what you say negatively about Law*-I mean Attorneys (considering they’re not very Lawful) you may come back here to post 1 day & notice that … Hey evrytime you try 2 post, it doesn’t at least not 4 u anymore because you most likely got banned by neil or swallowman. It’s a damn shame I tell ya I felt like my fam had disowned me the first time it happened 2 me.
JT,
Please call us at 772-403-3897 to discuss. We handle most of Florida and we know Foreclosure Defense.
SB
Dear JT,
Everything you say is true. I wonder how many lawyers are purchasing foreclosed homes with the money they are making off those in distress.
It’s completely disgusting that we, as a country, can allow our leaders (who are lawyers) to manipulate every part of the system to keep the majority down.
Could you imagine if they gave an actual stimulus to the people? Only $300 million and everyone could have paid off their houses (and the banks get their money), start new businesses, pay for college, pay medical bills, BUY NEW CARS (save the auto industry)… OMG!!!
But no… we shouldn’t be debt free, we should be indentured servants bound by debt for our entire lives.
And now they’re pushing gold sales preparing for the fall, or… what?
No wonder gun sales are booming.
Best wishes,
JD (Homeless and bankrupt)
After nearly a year of not being served, Countrwide (David Stern) has started the “service by publication” process so now, after reading this blog for over a year, it’s “go” time.
I am in Florida and there are no “lawyers that get it” in the 941 area code.
I have read many of the FL filings posted here and have tracked them on their respective county clerk’s websites. Suffice it to say that much of the enthusiasm here doesn’t always translate into a foreclosure “going away.”…no, they mostly get foreclosed on eventually. I have spoken with April Charney, posted here, and spoke with other ProSe’rs and lawyers. The local lawyers here seems to “glaze over” when you start to talk about securitzation, TIL violations etc etc. Of course, they are happy to take the case for hundreds of dollars an hour but we know how that goes. There is no luxury here to hire and fire several times before the jig is up.
I am a firm believer in what is professed here but let’s face it. If the common layman here were financially sound, chances are they would not spend the large amount of time reading and investigating…no, they would no be in foreclosure. I read several post where lawyers collect fees and really do not take the case to heart. Yes, it’s all about profit in the USA…not a bad thing, just he way it is and lawyers have to eat too. But when you put your only house into a professional’s hand, you don’t want the second crime of inept representation. As a homeowner under duress, we only have one house. A lawyer can just get another client.
So, in a nut shell. I am looking for representation or at least a coach. I am like anyone else, I have read this and other blogs and know my case can be won. My ex did all the loans with Countrywide (6 first mortgages and 3 second morgages ALL with Countrywide). The one house I was left with…the loan should have NEVER been approved. In short, there are loans not even listed that were with CW at the time, rents pushed 33% in 3 months…all this to have a back ratio of 50%+. If all of the loans and payments were on the app, there is NO WAY this would have been approved. I know the loan is with FreddieMac now and accoding to SEC filings, that is where CW’s best loans went…lol. I am no loan expert but I have been a Real Estate broker for 18 years so I know a little of what is going on. I learned for my own situation but it benifits my customers to know what is going on the help them, if I can.
That is an overview of the uniqueness of my case. Of course, in standard order, the current Sternco FC filing has no note, no assignment etc etc… the standard stuff.
Here is my offer to any FL attorney interested. Get the loan and mortgage unhooked/ knocked out of the box and my offer is $20k if you win. Represent me fully, partially, or be a coach. I have no problem going to court and talking to the judge. Your call. If you miss deadlines, don’t do what you say, I won’t continue with you. I only ask what you would ask if you were in my position. Tell the truth, show up on time, honor your commitments, and work for me like it was your own. I don’t think that is too much to ask. My concern is legal filings, if not done correct (and the lingo is greek sometime to me) with proper case law, one can win the battle but loose the war.
If there is a lawyer here who is interested, please email me at the address above so we can discuss the issue further.
I hope this case is appealed–bring in more legal support.
This “Minnesota Supreme Court ” ruling sounds really bad. Does anyone have an idea of the overall importance? Is this a death sentence for foreclosure defense in Minnesota?
Well, I wonder if those Minnesota judges owned any stocks in MERS or the companies which invest in MERS as I listed in a prior posting In Homeowners section. Maybe direct investments or through their 401Ks. Even in the banks that are foreclosing…who could resist those stocks!!
St. Paul, Minn. — The Minnesota Supreme Court today ruled against five Hennepin County homeowners who said an electronic mortgage registration system made it virtually impossible to defend themselves against home foreclosures.
The system, called Mortgage Electronic Registration Systems, or MERS, is a registry involved in 40 percent of all foreclosures in the Twin Cities.
MERS was created by the nation’s largest mortgage lenders, such as Chase, Citigroup, and Countrywide, to streamline the foreclosure process after the 1993 savings and loan crisis. MERS essentially privatized part of the mortgage recording system.
But some legal aid lawyers argued the process kept homeowners in the dark about which institutions actually held their mortgages.
The Hennepin County homeowners in the case contended that state law required MERS to identify which institutions held the mortgages, and list them in a published foreclosure notice.
They wanted to know details of the mortgage sales — including who held promissory notes to the property and who held legal title.
Writing for the 6-1 Supreme Court majority, Justice Paul Anderson wrote that Minnesota law requires MERS to record who’s assigned legal title, but not who’s assigned the promissory notes.
He also made a reference to the movie “It’s a Wonderful Life,” writing that it’s not hard to have nostalgia for earlier times, but that in many mortgage transactions, “a George Bailey no longer sits in the corner office of the Building and Loan Association in Bedford Falls.”
Anderson said the mortgage banking industry has changed, and with it certain problems have become evident. But he said to remedy those shortcomings goes beyond the court’s authority.
Legal Aid attorney Amber Hawkins, who brought the case, says the decision is disappointing for homeowners facing foreclosure and makes it harder to avoid the same problems again.
“The public will never know the chain of ownership in these bad loans,” said Hawkins. “We will never be able to go back and figure out who were the players. Who had interest in these loans? Who benefitted from these foreclosures?”
William Hultman, a senior vice president at MERS, would not answer questions but did release a short statement.
“We are pleased with the justices’ decision in this case. Now that the ruling has been issued, we are moving forward and continuing to focus on meeting the needs of the homeowners by lowering the cost of purchasing a home.”
Justice Alan Page was the lone dissenter in the court’s decision. He said the Legislature could not have been more clear in requiring that all assignments of a mortgage be recorded before a mortgage can be foreclosed upon.
He said by allowing the identities of promissory note-holders to remain hidden, the court essentially eliminates a homeowner’s ability to assert a wide range of defenses to foreclosure. And as a result, neither borrowers nor lenders will ever be able to hold anyone accountable in the chain of transfers
FDCPA Violations will PREVENT Banks from obtaining Summary Judgment;
FDCPA applies to entire litigation including interrogratories (The U.S. Court of Appeals for the Fourth Circuit Sayyed v Wolpoff and Abramson)
“…interrogatories failed to state that they were a communication from a debt collector, in violation of 15 U.S.C. § 1692e(11)
Article: http://www.michigancollectionlawblog.com/2007/05/fdcpa_applies_to_attorneys_com.html
1. Although you do not have put the phrase “This is a communication from a debt collector” on pleadings, the FDCPA applies in all other respects to the litigation process including your pleadings. If (banks) sue for an amount that is not allowed by contract or law, they bear the consequences.
2. Thus a communication to debtor’s counsel is the same as a communication to the debtor.
3. (Banks) cannot rely upon the bona fide error exception to the FDCPA to get them out of an FDCPA lawsuit quickly. Whether they are entitled to use this defense is a question of fact. Questions of fact are usually resolved after a long and expensive trial.
I have come across an interesting admission from a former employee of First Magnus while researching the endorsements of a note here in florida.
As you may or may not know they were a wholesale lender who funded from WAMU warehouse lines.
The note I am looking at is endorsed from 1st Mag to Washington Mutual Bank, it is undated and signed by a person who’s title with the company is “shipper”
Must be one step below VP right?
My question is this: isn’t there a UCC rule regarding endorsements being valid only if done by someone with a title higher than “shipper”?
I am trying to fight the authority and validation of the endorsement, any suggestions ??
Sure. Yes. No fear on this end. I’ve called twice being on hold. Auto-mated said “Nationwide Loan Services” So I thought, “Great. More scams.” No offense. Just don’t know who to trust anymore. Thank You. I’ll call again and leave a message.
Thanks.
To Steve
Kopp is lawyer and Soliman is Examiner and NLS does not provide loans, they fight lenders.They helped me and is up to you are you going to contact them or not.
Are these lawyers? Why am I calling a National Loan Servicing Company? I don’t need another loan.
Steve,
I would call Steven Kopp,Esq. and Maher Soliman from NLS(310-765-7388) for free and non obligated consultation about your case.At least I have very positive experience with them.Good luck to you
I’ve perforned the mortgage audit through professional service and recieved no response from Q.W.R. My auditor filed complaints with FTC, Office of thrift, U.S. Dept. of housing, and the Comptroller. Now I recieved N.O.D. notice. I sent e-mails to four lawyers” that get it ” on this website. Three in Los Angles. One in Long Beach. No responses. I went to court house and legal aid. No one has heard of Pro Se or “Show Me the Note Defense.” Legal aid thinks it’s all a scam. I’m in Santa Barbara California. What am I doing wrong or what should I be doing? Here is a copy of the e-mail I sent out.
Hello,
I found your contact at livinglies website under ” lawyers that get it.”
Curently I recieved my “Notice of Default”
I have all my loan docs. and taxes on pdf. files available. My broker had my taxes and bank statements. He even went as far to calling my tax accountant to recieve 06 taxes since I gave him 04 and 05 taxes.
My situation lists:
Home price $350,000 down payment $64,000 total closing $76,000
3 year Option Arm
2 year pre-pay penalty
High Yield Spread Premium
20% down payment to cancel P.M.I. but the lender took out L.M.P.I. without notification, as to a letter and phone call from Triad Guaranty Insurance. Violation under USC Title 12 Section 4905. Disclosure requirements for lender paid mortgage insurance.
No response to Q.W.R. I hired “Mortgage Audit Services”
This is a soft audit violation response e-mail reply from U. S. Auditors
“Hey Steve,
I just wanted to follow up with you concerning your loan and what we’ve been able to find in the soft audit.
® Negative Amortization loan ( this only let your principle go up, and never down, up to 115%)
® Falsified income (documentation said you made 6k per month, which allows you to qualify for larger loan)
® Prepayment penalty with rising mortgage payment
( there was no need to put you into a prepayment penalty , the mortgage broker only made more money by adding that into your loan)
® Adjustable interest rate, not needed
( with a credit score over 750 you in deed should qualify for a fixed rate interest loan)
Just these findings alone make for a good case that we can move forward with.
U.S. Auditors wanted $3,500 upfront with $1,000 a month using the threat of Federal Court to negotiate a modification. I am NOT INTERESTED IN A MODIFICATION unless the mortgage is recinded to giving me the house so I can sell it. Otherwise I’m looking to rescind the loan. I have already been denied a modification. I’m a self-employed (unemployed) General Contractor living on savings. I am however seeking legal councel but writing in advance to say I’m not emotionally trying to save the home and cross checking any replies with my mortgage auditor. I’m doing this since I’ve already played the game with my broker, lender, and “American Loan Rescue” who ripped me off $2,800 for a modification which is already being sought after by an attorney. My mortgage auditor so far has been the only upfront trusting person. Complaints have already been filed auditor under TILA, RESPA, Fair Debt Collection, Practices Act, and the Mortgage Reform and Anti-Predatory Lending act.
I’m seeking a lawyer handling fraud cases, proof of note, or even offering councel to Pro Se. Again, please don’t respond if gimmicks are involved. We would only be wasting each others time.
Thank You
Steve
As you can see I’m frustrated, stressed out and pissed off sitting around. Trying to be Pro-active. Court house says you need a lawyer. Fine. But lawyers either don’t respond or only offer modifications. Fine modify the loan. But “Hope for Home Owners” and “H.U.D” said you can’t legally modify with savings. So I’m using my savings to get a lawyer but I don’t agree with open end contracts at a $1,000 a month. I don’t know how long it could take to settle the lawsuit or even how much. My e-mail works. steveherbln@verizon.net My cell phone works. I know because my lender calls three times a day. What the heck am I doing wrong?
(Florida) Litigants – An additional weapon at your Disposal, the FCCPA – it has TEETH, (injunction/equitable relief without having to post a bond, and can be used in conjunction with the FDCPA) (whichever provides the consumer with the greater benefit).
**********************************************************
NOW ACCEPTING NEW CLIENTS: We have just added a new Attorney to our network who has studied under April Charney, Esq. She will fight for you!
**********************************************************
David, on August 1st, 2009 at 8:09 pm Said:
Do not contact John Dunn from Mortgage Audits … oliver@ipa.net … I contacted him, and shortly afterwards I received Acai Berry Spam with the subject line that I typed to him!! I asked him about htis and he blew me off and did not respond to any messages after that. I have reported him to the Arkansas Attorney General. He is a scammer and do not send him anything …
David,
I have never contacted you and I do not send out Spam. I do not know who you are but I will contact Neil off blog and find out where you are and my attorney will be contacting you along with a complaint to your Attorney General’s office and the FBI.
Mortgage Audits
oliver@ipa.net
john
Anyone ever offered a short sale or lender settlement must stop the clock. Person in RI refers to of received an offer by a lender – yet to be seen.
Suspend the ability for either side to seek action and get all terms and conditions in writing. Do this under a “Stand Still” agreement or other understanding for suspension of servicer activities.
** Thur July 29th 2009 Superior [Whitter] Court / State of California. / Matter of Wells Fargo v Jackson // Unlawful Detainer. Court ruled in favor of the Plaintiff for Sheriffs Writ of Possession to be executed the day of Emergency OSC. Defendant seeking additional time / request is unrelated to Courts errors and issuing the Writ for removal of a holdover.
Court grants the borrower additional time of 20 days.
Comments-
Borrower gets back home and there is counsel for the Plaintiff waiting for the Sheriff. . . Attorney is informed of the matter and leaves.
He calls our office later threatening to file his own ex parte (decided by a judge without requiring all of the parties to the controversy to be present) and wow…was this guy lit up! Uses every &^&^%$ name in the book.
A motion to set aside the judgment is pending counsel filing the motion later this week. Defendant seeking to consolidate the matter and request (from the court) be granted a TRO pending a subsequent hearing on all new facts to be introduced surrounding the case.
msoliman
admin@borrowerhotline.com
Do not contact John Dunn from Mortgage Audits … oliver@ipa.net … I contacted him, and shortly afterwards I received Acai Berry Spam with the subject line that I typed to him!! I asked him about htis and he blew me off and did not respond to any messages after that. I have reported him to the Arkansas Attorney General. He is a scammer and do not send him anything …
Meghan,
If you would email me directly at oliver@ipa.net I would be happy to discuss you case and issues. I have sent two of my mortgage audit clients to George.
I helped stop the evictions giving them time to hire George and for him to come into the picture. He has stopped the evictions and presently working on getting the foreclosure thrown out.
Mortgage Audits
oliver@ipa.net
john
CC 2923.5 AMENDED CIVIL CODE
During the initial contact, the mortgagee, Beneficiary, or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting
NEVER OFFERED
and, if requested, the mortgagee, beneficiary, or authorized agent shall schedule the meeting to occur within 14 days.
NEVER OFFERED
The assessment of the borrower’s financial situation and discussion of options may occur during the first contact, or at the subsequent meeting scheduled for that purpose.
NEVER OFFERED
The mounting legal effort finds that homeowners whose residences are in foreclosure are subject to fraud, deception, harassment, and unfair dealing by mortgage servicing agents and their foreclosure “Loss Mitigation” consultants from the time of settlement to when a Notice of Default is recorded.
ALAWAYS AN ISSUE
MSOLIMAN
ADMIN@BORROWERHOTLINE.COM
Zak
You finances suggest BK. A BK (13 likely) stops the sale dead in its tracks. Then what…..
MSoliman
admin@borrowerhotline.com
Walter
For fear of something (?) or lack of case precedent, its true!
It’s an unfortunate situation through out the appropriate jurisdiction in California.
The courts are just hung up on mutual liability for fraudulent practices and equitable distribution concerning consideration and liability. I don’t necessarily agree.
There are better arguments in my opinion Walter. Would love the chance to connect for an hour an exchange some very compelling recent “new” findings.
(Good attorney here )
MSoliman
Meghan, on July 28th, 2009 at 8:12 am Said:
Are there any lawyers that “get it” in New England? I am in RI and need help! I am dealing with Wells Fargo and American Home Mortgage Servicing, Inc. They are telling us that they are willing to rescind on the foreclosure, as long as we can find alternative funding. They are giving us a time limit of 45 days and I’m not sure what to do now. How can they say that and expect that from us? Please help me!
CALL:ATTORNEY GEORGE BABCOCK & TELL HIM KIM THOMAS TOLD YOU TO CALL HIM HE WILL HELP YOU. 401-274-1905
Mr. Kop
If a Chpt 13 was dismissed due to non-payments to plan (because nothing was addressed about the fraudulent mortgage loan and the latest unrecorded loan owner) can the Chpt 13 be reopened and then the “bankruptcy case removal’ be accomplished with
a fraud/TILA complaint filed in Calif. State court?
Let me know if you can do something with this.
to floridadefenseteam–
in my case, the pretender lender, who is now in Chpt 11 BKR in Delaware, within just days of the closing on the loan used an MLSA ‘mortgage loan sale and servicing agreement’ to sell the loan to a subsidiary of Chase. This sale was kept from me and was not recorded at county recorder. I have learned that due to the MLSA, the original note & deed were physically given to a Document Custodian at Chase.
Then 5 months later, I received the letter about the new Servicer being Chase.
Never any mention of this MLSA until I obtained it. The pretender lender is NCM. One of the second largest subprime lenders.
Thus, more than likely, there is a document you need to obtain.
Foreclosure Litigants – Stumbled across a white paper titled “FAIR DEBT COLLECTIONS PRACTICES ACT
IN THE FORECLOSURE PROCESS” – early marching orders/warnings for FORECLOSURE ATTORNEY’s. This could be additional ammo if they failed to respond to your FDCPA Written Request to Validate the Debt. It would seem a Motion to Dismiss would be in order, Failure to Comply with FDCPA Request – research your argument, use case law that uses language like reversible error, trial judges f-e-a-r being overturned. If they cannot validate the debt they must cease collection, there is no amount owed and due, alternatively motion to strike complaint of amount due and owing and crush their case. Thoughts?
Here is the Link:
http://www.falrlaw.com/pdf/fdpca1.pdf
Maher, we routinely allege fraud in the execution as the vast majority of our clients were victims of the same. Ordinarily our clients’ loans were “closed” by mobile notaries who would show up with minutes to conclude the signing of loan documents. Borrowers were all but never given any opportunity to read and review the documents before signing. Rarely was a lender or licensed broker present. Instead the homeowner was assured prior to the mobile notary’s arrival that the documents contained the agreed upon terms. Since the industry sold its soul and decided it could alter California law by fiat and failed to advise our clients of the same, no one knew the “Deeds of Trust” they were being asked to sign were NOT consistent with California Deeds of Trust as the same have been defined since about 1855. We believe these purported “Deeds of Trust” were void ab initio as they were not what they purported to be i.e. California Deeds of Trust. We generally do not take cases unless there is good evidence the lender or mortgage broker engaged in fraudulent activites, made fraudulent misrepresentations or concealed material facts any of which would have resulted in our clients NOT concluding the transaction and signing the loan docs. Further, at least in CA, individuals licensed by the CA DRE absolutely have fiduciary duties to borrowers and there is little question these duties were routinely breached. Since the licensees were, in fact, the agents of the lenders the licensee’s bad acts can be imputed to the lender who PAID the broker thousands of dollars to incent them to breach their fiduciary duties.
We have approximately 12 cases at issue and approximately 45 that are in “demurrer limbo.” We also have 4 on appeal after demurrers to them were sustained without leave. Since the question of fraud in the execution is a question of fact and given the state of the law in CA as to pleading requirements vis-a-vis large organizations against whom fraud is alleged, we believe the appellate courts will reverse any decision that has precluded our clients from having their day in court based on what we view as an incorrect reading of CA pleading requirements.
Walter Hackett, Attorney at Law
OK, I’m not looking for some BS way to con the bank or anything like that. I just need a FAST answer how I can postpone the foreclosure for about 3-6 months if possible while I get back on my feet financially. Im in Wyoming, in foreclosure, sale is on 12 days and I cant get anywhere with the bank. I have very little income right now and the bank says I dont qualify for any modification program. What the hell can I do to buy some time? Ive read a few things about filing a Validation of Debt complaint and a couple of other things that seem a little far fetched to me. Can anyone shed some light if these types of arguments are worth pursuing? Do I have enough time to do it? Is there anything I can file with the bank or another agency to buy some time? Any help at all would be greatly appreciated!
I am sure they are willing to do back flips for me. However, when you commit a crime, you do the time.
Answer:
I spent two plus years with a law firm prior to this and learned a lot of legal ins and outs.
Using the “F” fraud word is a tough call. Obvious and willful negligence make parties accountable and perhaps willing to settle. …but Fraud allegations Ouch! ! ! Criminal component and directors and CEO will fight it out no matter how guilty to beat a fraud charge.
Lenders have no obligation to make you a good deal. Buyer be ware…but fraud is fraud. Go for it..
Good Luck
You are right, msoliman…. I do owe the money, just not to them. And they are the people who fraudulently increased my monthly income by $2000 more on the loan application after the fact, they are the ones who changed the guaranteed fixed rate to an ARM on the loan agreement after the fact, they are the ones who had contradicting loan amounts from the first page to the last page of the loan application for a difference of $30,000, they are the ones who changed the amount of my market value assets by $50,000 on the loan application. They are the ones who sold my note and did not record it. They are the ones who have collected over $100,000 from me in the past three years on a note they do not own.
And you say negotiate….. I think I have done enough of that. People broke the law here, and people failed to do what was legally their responsibility. And now, I need to negotiate with someone who does not own my note? Someone who fraudulently changed the information after the fact on my loan application and agreement? Since 2005 I have tried to negotiate with these crooks, no can do. But now that I know what I know… I am sure they are willing to do back flips for me. However, when you commit a crime, you do the time.
Time to fight back.
For those who are mired down in state courts, and may well face seeking bankruptcy relief anyways (e.g., no TRO/injunction)
You may be able to bounce the lender’s judicial action, or even your own state court action against the lender into a more favorable bankruptcy court forum by
“BANKRUPTCY CASE REMOVAL”
This is complex and not for the fainthearted or legal neophyte. An experienced BK attorney might get this done for you on a “limited scope of engagement” as is permitted by the USBC Central District of California, and others.
USDC actions may be “brought in” to a bankruptcy court as a “core proceeding” by a motion to refer to the USBC.
http://www.mdd.uscourts.gov/publications/forms/RemovalManual.pdf
http://www.jonesday.com/pubs/pubs_detail.aspx?pubID=S355
http://www.abiworld.org/committees/newsletters/litigation/vol5num6/basics.html
I am in Northern California for several days, possibly until early next week.
Steven K. Kop
Attorney at Law
bluejaylaw@gmail.com
(310) 869-0269
Hello, A friend recently went to one of your seminars and called me regarding your website; here I am. I was wondering what is “Quiet Title”, how is it one gets it and what would be a plausible scenario to get it?
Thank You,
Richard R. West
Really deciding to try and fight my post-foreclosure. I won’t go through my long drawn out process of how i got where I am now (unless someone needs me to in order to answer my quesiton)…but i’m trying to decide if i should pay lawyers to fight this.
My sale actually took place on July 7, 2009. On the day of my sale, after my year long battle with my Lender in trying to get a modification failed. My lender said, “he tried to get my sale postponed but could not reach the ‘investor’ in time to do so. And that he would work on a “revert of sale”. Frantic, i thought well this could be turned around perhaps…i was to call by the end of the week. I called and he said he had no answer yet. The next week I called, and he asked that I send our updated financial information and asked how much could we pay in aerrages? And that this would be key in figuring out what could be done. I told him to just give me a number to see if we could work something out (he said we owed 25,000 ) and i said of course i could not pay all of that, but perhaps half. He said he’d call back. Of course, i did all of the calling and he never followed through.
Fast forward to now, i’m trying to fight off eviciton by having an audit done on my loan. Which revealed that my Lender who is known to be a servicing company and generally not in the habit of purchasing loans, did not have my loan on the 3rd of June when they initiated the foreclosure but MERS did. And that my Lender supposedly purchased it weeks later on the 23rd! What does this mean?
And the crazy part, they haven’t even taken the time to take my name off the deed at the courthouse, it looks like we are still the rightful owners!! I’m just so confused.
I want to know should i go forward with these attorneys who is going to cost me a pretty penny, but seem genuinely excited to try this case.
Do you guys think i have a shot, or should i just pack up and walk away now, and save my money? ANY thoughts would be greatly apprecaited.
Can anyone out there shed some light – How is mortgage note/security transferred (conveyed) from a defunct mortgage company to the new absorbing bank (For example Long Beach Mortgage to Washington Mutual)? Does it require a formal assignment of note/ mortgage or Successor-in-Interest status can be acquired in some other fashion? Thanks!
Now the U.S. Secretary of the Treasury is being sued:
http://www.hppinc.org/_uls/resources/HAMP_PI_Memo.pdf
Burn, Geitner, burn…
This case is a good example of what Maher is talking about:
TILA case brought in an Adversary Proceeding in a Chapter 13 Bankruptcy.
The judge did what the bankers fear: Unsecured claim in the amount of $142K +
http://thepatriotswar.com/wp-content/uploads/jaaskelainen-v-wells-fargo-adversary-proceeding-in-a-rescission.pdf
Stop with the ….”the home would be free and clear”
Equitable distribution and mutual exchange of consideration are elements of properly reconciling the problems many of you are communicating here.You made the note and they provided the money. No court of law is going to settle a dispute by awarding you a home (outside of a damages phase, jury trial, Lawrence of Arabia, Perry Mason, Judge Judy and blah blah…)
GIBBERISH! Its embarrassing – really! This is true especially for a DOCUMENT technicality or “Planet MERS” violation.
NO WAY . . . . Key in my opinion is =
1) Acknowledge the obligation “I signed the note and I owe the money (honey)” .
2) Challenge lender standing for enforcing a recorded lien, especially in a “Power of Sale” state like CA, WA, AZ OR.
3) seek to split the lien from the obligation due to lack of standing.
It is a great argument brought in an adversary hearing. Bankers do not fear you taking the home back. They do fear a BK judge stripping the obligation from the lien and making the note unsecured.
MSoliman
File an adversary proceeding.
Karl Kop Esq (not many BK lawyers will even mess with it!)
Foreclosure Rescission:
Lender will carry the new loan at 4% fixed for forty years as an offer in compromise.
Professional in OC
Practitioner? Para Legal? Accountant? Mechanic?
wanna hear my story???
June 2005 refinance home. Have had nothing but trouble ever since.
June 2009 HSBC Bank files a complaint for foreclosure on our home. Apparently unbeknownst to me, our loan was sold to them shortly after being closed on with Fremont. Within a few months from what I understand. HOWEVER….. there is no assignment filed on record anywhere and neither does MERS have anything on file pertaining to my property address, name, or SS#. So I have filed for a dismissal on the grounds of no legal standing for filing foreclosure. Once I receive (if I receive dismissal) I will file for a quiet title action. The loan was sold, there is no record anywhere of who owns it.
Now this is where it gets even more interesting to me; and I was hoping someone could shed some light on this for me as I am not aware of how these type things can happen in mid stream….
Ok, lets roll back in time… May 2005 had a loan application completed with Fidelity Mortgage Direct for a $200,000 refinance at a fixed rate for 30 years. I have the copies of the original loan application, the good faith estimate, etc etc etc. I have contacted the Title company that closed on the above loan with Fremont in June 2005. Ok…. the first three pages of the loan application they have on file reflects a ARM at 8.3% with a loan amount of $170,000 and market value of assets at $200,000 ($50,000 less than on our copy), our income at $2000 more than what is on our copies of our loan applications, and the bottom of all three pages are cutoff not showing our signatures. Now the fourth page matches our fourth page showing a loan amount of $200,000. How can that be? The first three pages totally contradict what the last page list…. but also contradicts our loan application documents all together. Those four pages were faxed to the title company on June 27, 2005. Loan disbursements were made on June 29, 2005. Now, how can a fixed rate loan go to a ARM? $200,00 go to $170,000 but the last page of the application says the $200,000? And the list goes on. Needless to say the fellow who worked our loan application and faxed it to the title company no longer works there. Hmmm. Any comments?
Are there any lawyers that “get it” in New England? I am in RI and need help! I am dealing with Wells Fargo and American Home Mortgage Servicing, Inc. They are telling us that they are willing to rescind on the foreclosure, as long as we can find alternative funding. They are giving us a time limit of 45 days and I’m not sure what to do now. How can they say that and expect that from us? Please help me!
Cheryl,
I usually just read these posts but am moved by your determination.
There’s a link at the top of this page called “lawyers that get it 060409″. That is a pdf file that lists attorneys that supposedly “get it.” However, as a paralegal I have met a few on that list that don’t get it. So be sure to interview them, make sure they are aggressive and will take action on your behalf. I have also heard that some attorneys charge a boatload of retainer fees and thereby push helpless and suffering homeowners away. Be sure to ask them if you can make payments to them etc. There are 3 attorneys in Ohio on that list.
You can definitely sue Hong Kong Shanghai Bank Corporation and there will be many that will be glad you did. However, you do need an attorney that is familiar with your state’s statutes and courts to navigate you through the complexities of the court.
Good luck. You are an inspiration. I would also like to know who sent you that letter.
Linda Kaye
Advanced Paralegal Service
http://www.advancedparalegalservice.com
Cheryl,
First off… who sent you the letter stating the validity?
If what you say is true…
TIME FOR A “QUIET TITLE” ACTION! GET THE HOME FIRST!
Then look into the possibilities of damages.
Have your Mortgage and Noted Audited immediately to see about violations.
BEST OF LUCK!
JD
This is to Neil Garfield, I have been fighting tooth and nail with my mortgage company since August of 2007. It will be two years next month. I’ve come close to packing my family up on several occasions only to stay because something happens to keep me here. Through prayer I have stayed put in my home because there is always a new door that opens and finally has led me to this website. I don’t know how I found this website but Im sure that is another open door and hopefully the final curtain call. I need your help as to what my final step is because I am sure this is where Im going to find my final resolution. I received the letter on July 29, 2009 stating that my mortgage note was invalid, that there is no record that the Plaintiff HSBC BANK has standing to foreclose on my property. I need to know do I have a lawsuit against the bank? Can my house become free and clear? What should my next step be?. Just sitting and waiting is making me nervous and I feel as though I should be doing something because I DO NOT TRUST what they may try to do. I have thought about what James said about not excepting a mod from them, or any negotiations at all. I feel that everything has took a 360 degree turn in my favor but I have to move forward the right way whatever that is. Please, Please, Please give me some advice.
Im in Cleveland, Ohio , an attorney referral would be greatly appreciated. Thank You in advance.
Cheryl
is there any professionals located in Orange County CA?
QUIET TITLE
“Is there a lawsuit there where the home would be free and clear”
shhh YOU’LL MISS THE “QUIET TITLE ACTION” SCENE TO THIS POST
Cheryl YOU ARE IN A GOOD LEVERAGE POSITION DO NOT LOSE THAT POSITION BY ENTERING INTO A LOAN MOD WHICH EXTINQUISHES ALL YOUR RIGHTS (A FIRST STEP REQUIREMNET OF THE PROCESS) & THEY ALWAYS SOME HOW COME BACK TO TELL YOU AFTER ALL THAT BUILT UP HOPE THAT THE INVESTOR DENIED THE MOD & THEY’RE SORRY ( BUT THANKS FOR THROWING YOUR RIGHTS AWAY NOW THIS WILL BE MUCH EASIER) IS WHAT THEY’RE PROBABLY THINKING.
I have a response from the judge stating that there is no evidence that MERS had authority to assign my mortgage and note to HSBC Bank. The purported Assignment and Allonge are dated after the closing date of the home equity loan trust under which HSBC BANK claims ownership and immediately before filing the foreclosure action. The Allonge is invalid, as it was not entered on the original note nor so firmly affixed to the instrument as to become an extension or part of it. Please give me advice as to what this could mean regarding my loan. Where do I go from here?????????????????
I need help PLEASE!!!!!!!!!!!!!!!!!!!!
I am in need of information regarding an allonge. It was not attached, does this mean that the loan is invalid? Is there a lawsuit there where the home would be free and clear. The mortgager has been very uncooperative in modifying the loan. HELPPPPPPPP!!!!!!!!!!!!!!!!!!!!!!!!!!!!
isnt it obvious that they [lender/$$] are cleaning [or fabricating] the chain of title by sale!??
1- new owner..[straw man]
2- new docs [ find the payment trail you get$$$$]
3- this step may wait till a bona-fide new owner – [not bankster] recording @ county recorders
4- this has to stop!
Does anyone know specifics about a HELOC loan?
General info:
1. HELOC is a second loan and a different bank then the first loan. This is recorded as a second mortgage on the my property.
2. There is no promissory note that I signed, nor was this an omission by the lender. There is no language specific to a “promise to pay”, nor a specific note, only an agreement.
3. The agreement I signed is captioned “Home Equity Line of Credit Mortgage.”
4. Specific language in the agreement states; “You and we covenant and agree as follows: Payment of indebtedness. Borrower shall promptly pay when due the indebtedness secured by this mortgage including without limitation , that evidenced by the agreement. ” This is the exact verbatim, word for word.
5. Property is in a judicial foreclosure state.
6. NCLC foreclosure book states that an open-ended loan(which this is) cannot be a negotiable instrument because it doesn’t meet the criteria of Article 3 of the UCC’s definition of negotiable instrument.
7. Neil G seems to agree.
8. The agreement was securitized into a HELOC only trust – the same process as a fixed amount standard mortgage. Except the word “note” is replaced with the word
‘agreement.”
Since the security for the mortgage is the property, do standard foreclosure procedures apply upon non payment of the indebtedness?
And, is this a perfected security interest? Are Article 3 and 9 applicable, or is Article 8? There are no UCC 1′s filled on me.
Any theories or case law would be greatly appreciated.
My email address. WildOneTom@live.com
thanks,
Tom
The buyer of the home regardless of the “who” it is, Saxon, GMAC, your neighbor-..they all must pay the property taxes. But some lenders are recovering the property and making good on the insurance claims.
Then thy let it go to a foreclsoure or city repossession for failure to pay the tax man. They were made whole so…
Cloud on title or Notice of Pendency makes the property uninsurable.
Good luck.
MSoliman
admin@borrowerhotline.com
to all- no one answered my question of 7/22, which was: when a home is foreclosed on and subsequently auctioned off, if the “lender” buys it at auction, do they pay transfer (sales tax) or do they already own it or what? If I buy a home, I pay transfer tax, at least here in Pa. And can someone explain how the cloud on title due to the incomplete chain of assignment or whatever eliminates bidders other than the “lender” and if the foreclosure mill bids, it is an illegal not-arms-length transaction? thanks-
Quote:
Author: Fight Foreclosure
Comment:
James D, were you on title for the home??
What you wrote didn’t give us very good direction, breathe, calm down and be specific please
End quote.
Hey FF,
Forgive me if I don’t calm down and breath. It is apparent you are possibly fairly new to this site as I have posted numerous times regarding my case.
Florida law requires both parties in a marriage to “Be on Deed or Title.” So the short answer is yes. I am not going to trudge through all the emotions by rewriting everything I have been through… but I imagine I will have to.
Short story:
Me: Work from home( specialized industry). No home, no work.
Perfect payment loan, note in wife’s name, mortgage with both parties and both listed on Title. Wife disappears 5 months prior to refi time. Bank refuses to do business with spouse (ME) when the ways and means were available for refi. Interest rate changes, all savings depleted (because what else am I supposed to do, it’s my home I have to pay.).
Bank still refuses to do business with spouse, forecloses Judge refuses “layman’s pleadings” because they were not in “Motion” form. Foreclosure sale momentarily stopped by a filing of Chptr 11. (Don’t ask). New sale date, bank buys back home at auction, sells home to someone else.
Attend Neils seminar in Ft. Lauderdale ( he sees considerable damages are possible). Neil pleads for local attorney to take case on partial contingency with his (NG) assistance. Attorneys Andrew Tarr, and Elsa Figuerdas step up. Elsa shows promise but inevitably wishes to wait for Tarrs involvement due to the inability to contact Neil , as she just couldn’t wrap her head around Neils defenses. Andrew sits on his hands for 6 months before he looks at the court file. Decides he has no idea how to proceed (wink wink).
As of today…
Business has been destroyed, homeless, forced to have son live with his mother (1st marriage).
So please hold your calm down crap. Fortunately you have found a niche feeding off the despair of others. From what I have witnessed first hand, VERY FEW, of the attorneys here actually PUT UP A FIGHT for their clients. Most have done nothing but set up foreclosure mills that bilk the clients out of monthly fees only to act as refi agents and then charge additional fees for doing so. Shame on you all.
Best wishes,
JD
p.s.
My apologies to Neil Garfield for my rant. I am more than sure if the logistical circumstances were right (as he said) he would have taken the case himself. As a matter of fact it was Neil who personally helped me to prolong my case as long as I did. Unfortunately I had found him a little too late in the process.
By the way all of us who do not speak msolimonese (lol)
Federal Savings Bank (FSB)
Is a savings bank, chartered and supervised by the Office of Thrift Supervision. Federal savings banks, designated by the letters FSB or FA in an institution’s name, were authorized by a 1978 amendment to the Home Owners’ Loan Act of 1933. Federal savings banks can put up to 10% of assets in commercial, business, or agricultural loans, and can be chartered as mutual or stockholder-owned institutions.
James D, were you on title for the home??
What you wrote didn’t give us very good direction, breathe, calm down and be specific please
msoliman – this happens every single week.
for everyone else, I have to ask this question to see if anyone knows Texas laws or if there is some way for the woman I spoke of earlier to get someone’s house back. Evidently, the lawyers in Texas are too important to call people back to answer a simple question. The sheriff is asleep and the fox is raiding the hen house!
Here’s the scenario: The house is in North Texas and she has lived there 27 years. According to her she only owed about 4500 on it yet. She had gone to NY to stay with her mother who is 101, came back to her house and noticed that her check that she had sent to them for 3100 had been returned. She called up Aurora and they told her that her house was already auctioned off on the 7th of July.
I spoke with the guy that bought it and he is already in there ripping out walls. He bought it off the court house steps. There were no taxes owed on it.
This woman wants to get that house back for the woman homeowner. Thoughts? Ideas?
“Case in point, a woman I know buys property back at the courthouse auctions and then gives it back to the homeowner in a refinance situation, with zero interest, and then the homeowner gets their home back”
that’s what the government should have BEEN doing, and their CLEAR inaction is reason enough to petition for redress in addition to their priorities being spending more of our money giving themselves raises wile legisislation to curb prdetory lending and increase consumer protection sits on the backburner
this crisis has turned into one big MONOPOLY GAME
LKaye;
To think we have information we (some) can share like this that is positive. (Nice site by the way).
Lets talk …discuss obtaining affidavits from these victims for various lawyers and potetial new allegations of verifiable fraud….Huge Huge Huge…!
Funny, had a client who recived a cash for keys offer one hour before sale. (posted to door). The name of the party offering the cash for keys was an LLC.
It was the same LLC (entity) who purchased the home one hour later at sale.
MSoliman
admin@borrowerhotline.com
I agree with Soliman. This is what we are seeing quite a bit of as well. The lender forecloses and then buys the property on the courthouse steps. They send reps from the foreclosure mill attorney law firms and they outbid other buyers. Case in point, a woman I know buys property back at the courthouse auctions and then gives it back to the homeowner in a refinance situation, with zero interest, and then the homeowner gets their home back. It’s her thing, don’t ask. The issue she talked to me about was that she noticed that each week at the auction sales, the court clerk reads off the sales a mile a minute, and half are recalled and the other half are outbid by the lender representatives who are the foreclosure mill attorneys that purchase it and then sign it over to the lender. It frustrates her because she is trying to help homeowners and is outbid many times. Those foreclosure mills must be getting a sweet payment from the lenders for doing that deceitful thing.
L. Kaye
Advanced Paralegal Service
“A”. . . MERS can NEVER EVER be the mortgagee, no matter what!!!!
Close….real close….The real holder in due course is the FSB ……and the FSB can NEVER EVER be the mortgagee, no matter what!!!! (You would bankrupt the world twice over….
If a nominee can hold one Billion in Saudi controlled US stock …then why cannot MERS hold a home….for a whole 12 seconds (hint hint)
Its all a subsequent event in a liquidation anyway!
admin@borrowerhotline.com
msoliman@borrowerhotline.com
Ian
It’s a joke! Really! CW now B of A promised a short sale to a buyer ….they just needed more time (yeah- 3 mos time to sell a distressed property at 85% of the principal balance)…..right!
Night of the sale CW claims Short sale is a go…don’t worry (be happy).
Realtor (a client) and borrower don’t believe it.
So… they go to the courthouse steps…..Now stay with me .Okay!
There…on the steps….shows up another guy with cashiers check in hand. He’s ready to bid a number just a few bones higher than Realtor/client duo! Such is life they say….is it a plant?
So all’s fair and ends fair right! WRONG! ! !
County clerk not only calls out the sale, …..the County fool calling out the sale information then “RUNS BACK INTO THE BUILDING IMMEIDIATLEY AFTER CALLING OUT THE PROPERTY….”
We have three witnesses of which is a neutral third party. In the old days (when I got started) they property ALWAYS transferred back to the Lender (party holding the security). WAZZZZZZ Up! Now they conduct a sale (? %$#?&*) . Why….
1) FAS FAP 140-3 controlled asset prohibition forbids a reconveyance to a seller.
2) They establish an open market acquisition (GAAP)
3) Insurance — MI insurance —OC insurance —- (MI AIG).
It’s a joke….But it won’t last much longer. Move now or else…once the truth hits 60 Minutes, Nightline or COPS – the “claim game” for homeowners is over!
– - – - That when you see GOVERNEMENT involvement rear its head again…..It’s called “Pre-emption…”
MSoliman
Mortgagelies
NLS admin@borrowerhotline.com
It’s a joke! Really!
Ian
It’s a joke! Really! CW now BofA promised a short sale to a buyer ….they just needed more time (yeah- 3 mos time to sell a distressed property at 85% of the principal balance)…..right!
Night of the sale CW claims Short sale is a go…don’t worry (be happy).
Realtor (a client) and borrower don’t believe it.
So… they go to the courthouse steps…..Now stay with me .Okay!
There…on the steps….shows up another guy with cashiers check in hand. He’s ready to bid a number just a few bones higher than Realtor/client duo! Such is life they say….is it a plant?
So all’s fair and ends fair right! WRONG! ! !
County clerk not only calls out the sale, …..the County fool calling out the sale information then “RUNS BACK INTO THE BUILDING IMMEIDIATLEY AFTER CALLING OUT THE PROPERTY….”
We have three witnesses of which is a neutral third party. In the old days (when I got started) they property ALWAYS transferred back to the Lender (party holding the security). WAZZZZZZ Up! Now they conduct a sale (? %$#?&*) . Why….
1) FAS FAP 140-3 controlled asset prohibition forbids a reconveyance to a seller.
2) They establish an open market acquisition (GAAP)
3) Insurance — MI insurance —OC insurance —- (MI AIG).
It’s a joke….But it won’t last much longer. Move now or else…once the truth hits 60 Minutes, Nightline or COPS – the “claim game” for homeowners is over!
– - – - That when you see GOVERNEMENT involvement rear its head again…..It’s called “Pre-emption…”
MSoliman
Mortgagelies
NLS admin@borrwerhotline.com
It’s a joke! Really!
look at how the fed has changed the laws there were never reverse mortgages before all this, sec & the many other 3 letter organization claiming to be a bureau… hud housing urban developement sounds like kick everybody outta their homes so we can tear them down so we can build projects & sell them to china & bank off of every part of the trans:action/ission from the fake regulators protecting everone but the consumer to all the money they win from gambling with our money(&property what do you think bernanke used as collateral)that they took without permission & won’t give back or provide satisfactory compensation some thing that our constitution guarantees.
I have become disgusted with what is happening in this field. After already losing my house after 2 years of perfect payments and the bank refusing to deal with me because my wife vanished and it was in her name. I was on the mortgage and thought I had rights. Apparently I was mistaken.
I tried helping a few others in crisis only to find out that after being referred to “SO-CALLED” lawyers who get it, that the firms are basically taking monthly payments to “PRO-LONG” the action. It seems the firms are more in bed with the lenders claiming to fight when they are ultimately acting as refi representatives and charging big fees for the refi negotiations. Needless to say they are not to happy with my referrals.
GREED SHALL BE THE DEMISE OF ALL OF YOU!
Yeah I’m pissed. You would be to if someone promised to help you then F*** you over.
Take it to the streets people!
Best wishes.
JD
To Neil,msoliman,or Alina-here is a question and a comment- I am having trouble understanding what happens when a foreclosed property is auctioned, or when it just goes back to the “lender”. When someone,anyone,buys it at auction, they pay a real estate transfer tax, just like any other sale, right? If the “lender” buys it at auction, do they pay a transfer tax? When a “lender” takes the property back, are they in effect buying it, or do they already own it? This situation with MERS where nobody anywhere knows how many times the property, not just the note, has been sold, is this an end run around not only filing fees but also transfer(sales)tax on trillions of dollars worth of property?Does anyone know?
Please are there any lawyers that get it here in TX (Dallas) speificlly. Any Lawyers that still understands that they are a student and should be all ways learning and growing. If so please contact us via email at amunreeb9@hotmail.com We are still in our home after fighting them for over three years after the so called fraudulant foreclosure sale done under the color of law. we would like to close this matter. Peace and Blessings to all
Don,
that is what I am getting at. I am beginning to really see now as I disseminate the closing documents. I was having trouble understanding the whole securitization process.
the keys are in the terminology!!! disseminate your closing documents. take them apart word by word.
Alina
Alina:
How about the term “securities fraud”
Here is some word play to contemplate:
mortgagee – “lender in a mortgage agreement” or “the person or organization that lends money for a home.” MERS can NEVER EVER be the mortgagee, no matter what!!!!
nominee – “Entity (the registered owner) in whose name securities or other assets are recorded and held under a custodial agreement with the actual owner (called beneficial owner). Such arrangements are used where the beneficial owner is abroad, wishes to conceal his or her identity, or to facilitate a trade or collection of income from several securities.”
IMHO, the very terms used in a mortgage document clearly reflect that these are not real estate transactions but rather securities transactions.
thoughts from anyone?
The mortgage company that is trying to foreclose on my house (Let’s call it XX) saying that they have an assignment from MERS (signed by the vice-president of XX as vice-president of MERS), is listed as the original servicer in the MERS system. Now, I did not sign any loans documents with XX, and the company that I did use for the loan does not appear in this list. So, if the original loan went to XX, they are not listed in the TILA documents. Isn’t this a TILA violation?
to RagingLou,
My one comment stems from the fact that you base your opinions on information from Lender Processing Services, Inc. This company has been under investigation for various misrepresentations in courts. You really cannot rely on any information provided by them.
Please research LPS.
Alina
I was on the broker side of the business. There was a lot of B.S. going on form the wholesale side which drove this train wreck
The brokers were about 67% of the new loans being processed, this from a complaint about brokers by Wells Fargo about the time that Congress was pushing them regarding high fees and costs and to eliminate YSP and increase RESPA standards.The goal was to eliminate the brokers (which has basically happened) and push the blame on a 3rd party to avoid scrutiny!
The thrust of the broker business was driven by the wholesale side of the lenders who were throwing huge incentive’s for the brokers (including so called correspondent lenders) to do Option Arms and Stated Deals. ie: Pedros Lawn Service making $18,000 per month for a 500k home
They KNEW that these deals would NEVER last and that a refinance with new fees etc would happen within 5 years. Actually in their memos and my conversations with wholesale and secondary, they projected each loan to refinance in 2 to 3 years
The key as I wrote on my blog “wall street knew” they were pushing lenders for volume and for the underwriters to approve deals that NEVER should have been approved!
I personally watched an underwriter approve some deals that were ABSURD.
But hey, they were still a part of thos AAA rated bonds, right?
Thank goodness congress was aware LOL and also remember “Homeownership is a Right” according to our fearless leaders, Fannie and Freddie were “rock Solid”
We have all been duped. This site gives ALL of us the ability to find the fraud. We all need to keep on informing the public to “Question Everything” as Neil suggests us to!
Much Success to ALL of US!
to RagingLou- your comments are based on the available data you are swallowing hook,line and sinker,but rather than linking the foreclosures to the property values’ negative equity, you should instead concentrate on how we got to this point. That is the purpose of this website and its’ participants. In the heat of this nightmare, if a home sold for 200k in say July of 06, and a mortgage broker needed an appraisal of 250k in order to sell it to the next buyer or refinance it, they leaned on the broker to bloat the appraisal up. When the mortgage broker then needed to falsify the borrower’s income in order to make the loan “work” and to earn their commissions, they then submitted forged documents to the underwriter, who never looked at the documents. In addition, they also loaded the buyer up with every junk charge imagineable, often using nonexistent notaries to further falsify everthing. From there the securitizers deceived the investors into purchasing these bogus loans under the AAA rating, which was a further breach of fiduciary duty and illegal as well. Multiply this by millions of loans and you have the rough outline of why we are where we are. The negative equity aspect of this is a byproduct of what was done, not the reason. If you really want to have some fun, go to your county courthouse, write down the most recent foreclosures which have taken place, they go to the recorders’ office and look at the chain of assignment for each of these foreclosures. You will see in most cases that the entitiies which foreclosed on the properties had no standing to do so, they probably aren’t listed anywhere. In other words, according to the FBI financial crimes unit, the foreclosures were illegal. (46% and rising in Florida alone) Furthermore, the “liar loans” moniker is misleading, I would surmise that most liar loans were made by the mortgage brokers in connection with the appraisers, the borrowers weren’t the ones who were lying. Don’t believe anything in the mainstream press. Nothing. The profitability of the securitization process drove the entire real estate “boom” . Figure 2000 mortgages in a pool, at an avg. fee of $80,000 per mortgage, that is $160million in fees for some paperwork, sure these guys have overhead, but multiply this by millions and millions of mortgaes and you see the money involved.
Forgive me, I’m not a Lawyer and I’m having my share of problems here in Indiana but I received the info below and thought it was pertinent to this blog, and maybe it could be useful.
What is really behind the mushrooming rate of mortgage foreclosures since 2007? The evidence from a huge national database containing millions of individual loans strongly suggests that the single most important factor is whether the homeowner has negative equity in a house — that is, the balance of the mortgage is greater than the value of the house. This means that most government policies being discussed to remedy woes in the housing market are misdirected.
Many policy makers and ordinary people blame the rise of foreclosures squarely on subprime mortgage lenders who presumably misled borrowers into taking out complex loans at low initial interest rates. Those hapless individuals were then supposedly unable to make the higher monthly payments when their mortgage rates reset upwards.
But the focus on subprimes ignores the widely available industry facts (reported by the Mortgage Bankers Association) that 51% of all foreclosed homes had prime loans, not subprime, and that the foreclosure rate for prime loans grew by 488% compared to a growth rate of 200% for subprime foreclosures. (These percentages are based on the period since the steep ascent in foreclosures began — the third quarter of 2006 — during which more than 4.3 million homes went into foreclosure.)
Sharing the blame in the popular imagination are other loans where lenders were largely at fault — such as “liar loans,” where lenders never attempted to validate a borrower’s income or assets.
This common narrative also appears to be wrong, a conclusion that is based on my analysis of loan-level data from McDash Analytics, a component of Lender Processing Services Inc. It is the largest loan-level data source available, covering more than 30 million mortgages.
Mr Garfield
I sent your comments to my lawyer and asked him to consider quite title.
thanks
Comment: “They don’t even have your accounting records so how could they possibly be the owner of the note or debt”
I could not resist. What it is you’re talking about is huge. Sorry MERS debate team. Accrual accounting is used to establish your basis in the asset. What is basis.
Your basis = Holder in Due Course.
In an effort to remain short and to the point here I will post more information in detail (it does not set up in this message box) on line at:
http://www.foreclosureinfosearch.com
msoliman@borrowerhotline.com
If I did not sign my mortgage documents is the mortgage enforceable against me in equity or maybe by assent?
This is going to make you vomit…Wall Street was handed 24 Trillion dollars…when did that bill get passed?
Is this not a tax on the American people without representation?
The Federal Reserve says they don’t have to tell us who they are giving money to, claiming to be exempt from Congressional oversight and are a private organization….
http://www.foxnews.com/politics/2009/07/20/watchdog-financial-bailout-support-reach-trillion/
Alina don’t let them know that you know this. that way you have ammo if you need to go to court & prove they don’t even have your accounting records so how could they possibly be the owner of the note or debt
I have just realized that the date of rate change on my Note is one month off. The date is also different from the date on the TIL, which is the correct date. I don’t know how I missed this before. I thought something was a little off when I received the first rate change in May 2007. I questioned the servicer about this only to be told that they sent the rate change correctly.
Now I need to go back to the rate change notices I received and analyze them in more detail.
Any suggestions?
Alina
Author: Livinglies
Comments:
NG Said: Lawyers: “There are thousands of cases out there where the homeowner is in limbo. They are all potential clients for quiet title and quite possibly damage actions. Lots of potential for good fee income based upon results.”
Comments: My hunch is to include the ALTA and move on the title insurer – argue the lack of any holder in due course.
Neil, a quite title action ….its something attorneys actually argue against (my experience last minute) …but I agree, I do not understand it.
Mswallowman (lol) it’s all good!
Borrowerhotline.com
Neil: more breadcrumbs ~~
“USAP” UNIFORM SINGLE ATTESTATION PROGRAM
by Mortgage Bankers Association for CMBS and private label securitized residential mortgage pools.
Again, SERVICING standards appears to be the key to the BIG LIES OF WALL STREET !!!! Section 1122 of Reg AB (SEC) see especially (d)(1).
How does that translate to the borrower? (standing to sue).
At this point, Neil, I have concluded, IMHO, that the cause of action for “tortious interference with economic advantage” lies based upon the theory of the case that
HAD THE SERVICERS COMPLIED WITH Sec 1122 Reg AB (search SECinfo for Countrywide, BofA, WaMu, etc. final audit reports for servicing compliance), the true note holders (HDCs) would have gone direct to the borrower to work out a “meaningful loan modification” (cf IRC definition) that would have been mutually beneficial to both borrow and investor rather than allow the “middlemen/organizers” to rape the homeowners by causing the deepest asset losses in foreclosure and post foreclosures, with the economic motivation of reaping immediate liquidity through title insurance claims (search First American Title Ins. Co. and other title company sites).
Neil, I believe MSoliman and I are getting oh so close. What say you?
Steven K. Kop
Attorney at Law
bluejaylaw@gmail.com
http:newdawnlaw.blogspot.com
(if I dont respond immediately, keep emailing me until I do)
James#: Cases in “limbo” should probably be followed up with a lawsuit to quiet title. Several people have had success — to the point where in one case a multimillion dollar house with a multimillion dollar mortgage resulted in clear and marketable title to the homeowner without the encumbrance of the mortgage and with no payments, note or other obligation. LAWYERS: THERE ARE THOUSANDS OF CASES OUT THERE WHERE THE HOMEOWNER IS IN LIMBO. THEY ARE ALL POTENTIAL CLIENTS FOR QUIET TITLE AND QUITE POSSIBLY DAMAGE ACTIONS. LOTS OF POTENTIAL FOR GOOD FEE INCOME BASED UPON RESULTS.
For people who have been coming to this site for a while I’d like to give you an update on a real good guy. Mario Kenny is doing good he works for a Foreclosure Defense over there in Florida and we or I at least would like commemorate him for the hard work, struggle & passion that he shares with us.
Wow even though 2 people stuck up for $wallowman he apparently has nothing to say in his own defense. Default
what state are you in sue & was it state or federal court?
floridadefenteam, good question,
I often wonder how many out there using this site. I have referred 6 people to the site.
One hired a lawyer, she has two houses. She never visits the site, her case like most is in limbo.
One guy, a Harvard graduate, went to a law library for several days, downloaded documents and filed pro se and hasn’t been back to the site since.
Another person borrowed money from his family and is trying to stay current, he never came back to the site.
Another, who read the site for weeks, but was told by a lawyer it was a waste of time to fight, so he is pursuing a short sale, with no success.
A Real Estate agent, who is so stuck in the system, she thinks it is useless to fight the big bad banks, she is going the bankruptcy route.
My daughter who was so upside down she didn’t want to fight the foreclosure.
Two for Six. Without this site I don’t think I could have convinced anyone to fight. Thanks Neil.
I hired a lawyer, My case is in a motion to compel discovery. My case has been in limo for 9 months. i read the site everyday but rarely post.
BOA (Countrywide mortgage) stole house–Judge would not sign TRO (had on desk 2 weeks)–at last hour requested full mortgage payment for bond to sign TRO–has anyone heard of this before?–I would like to stop the judge from doing this to others–What to do?
ATTN: FLORIDA PRO SE Litigants (and those with inept Attorneys) APRIL CHARNEY ESQ –
The Queen of Foreclosure Defense has posted an excellent PRO SE FORECLOSURE DEFENSE Manual and its posted online at:
http://www.msfraud.org/LAW/Lounge/BasicForeclosureLitigationDefenseManual.pdf
BTW – I thought this forum was for the open exchange of ideas, best practices, and tactics to defeat the one common enemy. Since I don’t see these postings or a sense of urgency and I’m a Glass Half Full kind of person am I to infer:
1) Litigants are getting their cases dismissed and not coming back to this website and sharing their stories
2) There is no case movement behind a huge backlog of non prosecutable cases that will be eventually be dismissed
SB
Florida Defense Team
(772) 403-3897
fwiw
i posted
“m soliman….
my… what a huge hammer you wield !
so let me thank you for that ” concise & well explained ”
post 6-19-09 re; QSPE”
i like his posts [ yes i can easily read & assimilate the info ]
typos & gibberish ? ? ha! – read between the lines!
i’ve only spoke to m soliman by phone 1 time & a few emails. he was very straight up with me .
more importantly tho he has been an invaluable asset for info on this site.
I will not start a debate or flame war about another’s intentions or actions you or i have no 1st hand knowledge of,attacks , rumors , unfounded accusations here only digress and or detract from the search we are all doing.
i understand about being burned .. i will NOT put my trust solely on
another person to rescue me paid or not.
myself & everyone at this site is under duress that only ads to the frustration & despair brought on by this $$ mess.
thanks again
neil & everyone else here
I also post on this site as James, and would like to disassociate myself from the comments made by “James” I do not have the same considerations of msolimans. I think he has a grasp of Securities adn Finance that is valuable in fighting off foreclosures. When I try I have been able to understand some of his post by looking up the Financial terms.A lot of it is about the definitions of the words. I would say it is difficult to simplify the subject as the nomenclature defines the subject and it would be difficult to write a post without the post becoming a dictionary. I understand that there is a feud going on and some people here are choosing sides, maybe with good reason. But for me the Jury is out.
Ohhhhh, I second that. Damn… Truth hit that one dead on the money. Rumor is @ MSFraud yur all about that buck that Truth was talking about & you’ve even said yurself that you’ve thrown people out of their homes before so my guess is $cam Arti$t M. $wallowmon
Maher Soliman
Those are some nice self agrandizing posts you made promoting yourself. Don’t you know that the regular readers here can see that your “mortgagelies” handle is a new one you created but tracks back to you…..duh.
Your crediblility is waning here and as others(most notably Allan) have posted and tried to provide you constructive feedback, many of your posts come off as unintelligible gibberish.
Think about it, aside from the Pro Se litigants most of the lawyers that frequent the blog here don’t even have an undergrad in a business discipline let alone an MBA that could decipher some of your drivel. You seem like you have ADHD and are either trying to be part of the solution but don’t realize the audience you are speaking to when posting …OR….you are just another scam artist looking to make a buck. WHICH IS IT?
Will the real Maher Soliman please stand up
Truth
Since there is no lawyer in New Mexico that is listed as ,”That gets it” IS THERE A FEDERAL LAWYER that can practice in NM? My preliminary forensic audit fits and qualifies , TILA and Good Faith, that is just the start Please email me .
I just want to said Big Thanks to Maher Soliman who helping me to get out from Lending Sharks.He is always there for me and I am folowing his advice in correspondence with lenders.
m soliman….
my… what a huge hammer you wield !
so let me thank you for that ” concise & well explained ”
post 6-19-09 re; QSPE
BC400576. Filed at Stanley Mosk, downtown LA. Copies can be downloaded, for a fee, from the court’s website at http://www.lasuperiourcourt.org.
Walter
National Banks (N.A.) can sue in the State of California without being registered in the state.
I can tell you what attorneys are charging in California.
Most of them want $5-6,500 up front and then $1,000 per month (with no end date) to work on pre-foreclosure cases…..$15,000 plus monthly for post-foreclosure cases.
I know one attorney has over 200 cases at once…meaning he is making $200,000 per month excluding all the initial retainers. That is over 2.4 million per year!!
Another attorney has 500 cases. He has a hugh staff, but seems to be ineffective in preventing foreclosure and eviction.
Mr. Hackett
what is that case number for countrywide/BofA?
is that in Superior Court of CA?
I have a friend who is struggling with countrywide & Sovereign Bank.
John,
Yes, that’s correct – as long as your in Florida we can save you quite a bit of money with Foreclosure Defense – for example we charge about $99/hr no retainer fee, I’m not going to even tell you what a full charge attorney will ask for – just call around and see – that’s if you can find one that specializes in Foreclosure Defense and is not afraid to challenge the status quo of the legal system. floridadefenseteam@comcast.net
Wells Fargo Sues Itself:
http://www.foxbusiness.com/story/markets/al-lewis-wells-fargo-bank-sues/
I forgot to mention we FINALLY have a case against Countrywide/BA at issue. This was their 3rd Demurrer (our Second Amended Complaint). The court overruled them on 8 of 10 COAs including fraud, slander of title and violation of CA Business and Professions Code section 17200. They have 10 days to Answer. Now I just need to get Notice out to them. This puts us at about 9 or 10 cases at issue. 4 on Appeal and about 48 in demurrer limbo.
Walter Hackett,
Attorney at Law
Seven J. Kop
Your post of July 9th is amazing! Please keep us informed as to how the case proceeds. I am sure everyone here shares my gratitude!
How can you say that, the bill would require Attorneys and foreclosure consultants alike to be paid after actual work is performed and completed instead of draining borrowers accounts predatorily, abandoning the job unfinished, & leaving them with no resources to defend themselves with. Hey what are you guys soooo worried about You are in the business of HELPING Homeowners…. aren’t you?…..
The “proposed” CA legislation has actually been passed as a bill was introduced into and passed by each house of the CA legislature. Neither bill, as far as I know, has been passed by both houses. One of the bills actually states homeowners should contact their lenders about a loan modification. It might as well recommend hiring convicted child molesters to teach Kindergarten because of their great love of kids.
The bills will GUARANTEE HUNDREDS OF THOUSANDS of CA Homeowners WILL lose their homes in non-judicial foreclosures. In the meantime lenders and servicers are sending out bogus Loan Mod packages that are, in fact, forebearance agreements. The documents specify they constitute “Step 1″ of the modification process. Sounds like the ultimate violation of CA Business and Professions Code 17200
Walter Hackett,
Attorney at Law
Ian:
No this is not conjecture, Bloomberg Pro shows most non Agency MBS trades. The market was dead at the beginning of the year, as in no bid for most subprime MBS’s. Several trillion have been purchased in the last 6 months.
The Federal Reserve opened the Fed discount window and will loan approximately 80-90 cents of face value on securities at the window to select dealers only (I wonder who those are).
It is no secret that the Federal Reserve accomplished several short term goals by doing this.
The banks are entering the MBS market and paying 20-50 cents on the dollar for bonds that were market down to zero in some cases. Had banks truly marked their balance sheet to market, every bank on Wall Street would have to declare bankrupcy. Citibank still holds a portfolio of mortgages they claim has only lost 20% in value and mark it a 1.2 Trillion.
The Federal Reserve did away with proper accounting a few months ago. Banks do not have to report the last trade as the value of the bonds they hold, they can make up any number they wish and that becomes the value that gets reported.
The end result of all this is that banks holding mbs’s that have traded at the inflated prices can legitimately mark their assets to market and make billions on the markup alone.
So expect banks to report “record profits” again.
OF ALL THE SUBMISSIONS I HAVE DONE HERE …THIS ONE BLOWS MY MIND…..
New legislation introduced, allegedly at the request of California Governor, Schwarzenegger, will make it tougher to get a mortgage modification in California.
This legislation, California Senate Bill 94, includes language that says that attorneys can’t be paid for helping a homeowner apply for a modification until the process is completed!
CC2923.5 EXAMPLE (livingliesWEB SITE)
Home is $800,000 and the anticipated recovery through foreclosure on a net present value basis is $325,000.00 or less.
The SETTLEMENT under the proposed loan modification at $330,000.00 exceeds the net present recovery through foreclosure of $325,000.00 by over $5,000.00. Thus California Civil Code 2823.6 would mandate a loan modification to the new terms?.
(Q) Are you saying then the homes basis (cumulative) which is actually in excess of $800,000 and insured up to $250,000 must be modified according to 2923.5.
I can’t see through this one.Help me !
msoliman
borrowerhotline.com
MJ- is this just conjectural, or do you have proof that entities are buying for 10 cents and selling to the Govt. for 50-90 cents? Is there some database to view where this is apparent? Please post a response- thank you.
Need to talk with an attorney in Oregon (or licienced
to practice in Or.)
jclbiz@yahoo.com
After many, many months of working side by side with MSoliman, despite the many conflicts, mis-communications, and even shouting matches, I am here to attest to the validity of his prodigious knowledge and expertise (enhanced and sharpened into focus by, of course, myself), with this as the resulting general weapon of attack:
“I have practiced in the California and Federal Courts across the country for nearly 30 years, and have never under these circumstances, appearing for the first time on #### behalf of pro se homeowners seeking to save their homes from foreclosure, been refused the professional courtesy of a brief extension of time – in this case three days – to file an amended complaint involving complex securitizations and resale of mortgages where virtually none of the foreclosing putative lenders can show standing to foreclose or that they are the real party in interest, that is to say, the true holders in due course of the underlying obligation, the promissory notes secured by the deeds of trust that your respective clients seek to foreclose upon.
At some point in this action, each of the defendants will have to attest under penalty of perjury that they rightfully exercise the power of sale and own the respective obligations. I will be – and am prepared presently, at this very moment, to prove their perjury and deceits, before courts of law, and if called upon, any investigative body.
I have seen the Sarbanes-Oxley section 1122 Reg AB SEC filed 10K audit reports for many lenders, and have no doubt that the same exists for your respective clients. I am prepared to show under FAS 140 that the “sales” reported to the SEC are lies; they are NOT sales, but are instead hypothecations subject to repo agreements that allowed each of the unlawful business combinations to aid and abet each Federal Savings Banks to lie to OCC auditors about their balance sheets and true levels of capitalization.
These same lies are cover ups of the fact that the correlative Wall Street investment trusts are in actuality and presently 20% impaired in their assets, which by the terms of the trust indentures, must result in the collapse and liquidation of the trusts. Both the trusts and the FSBs are insolvent as a matter of law. This is the stark reality of it all.
All of these facts will be pleaded as a matter of public record, and will result my proof of them at trial, to the profound dismay and detriment of your respective clients.
Consequently, I propose a standstill agreement that allows a dismissal of the present pro se action and adequate time to explore if settlement is possible, subject to refiling if we are unable in good faith to reach a compromise agreement. Any statute of limitation defense would be preserved under my proposal.
Absent your immediate agreement to a standstill agreement, I intend to proceed ex parte as described above.”
(God help you all, you #@%)
Steven K. Kop
Attorney at Law
Happy Hunting, Everbody !!!!!
Let’s see, if I can buy a repackeaged mbs or CDO squared at 10 cents on the dollar and sell it to the Federal Reserve or Treasury at 50 to 90 cents on the dollar….I’ll take as much as the Goverment will buy, or as they call it loan at the Fed discount window.
I wonder how many dealers are coming back to pick up their trash from the pawn window….ZERO.
The fraud just goes on and on…
Investors Business Daily 7/7/09-Wall
Street bond dealers more than tripled their businesses of restructuring risky residential mortgage backed securities in Q2 as it gains credence as a way to boost portfolios. Credit Suisse, JP Morgan Chase and Jeffries and Co. led in restructuring nearly $20 billion in securities into salable parts, vs. $5.8bn in Q1 said one primary dealer. Dealers boosted business as banks and other investors sought to ward off losses and credit downgrades,which can force them to write down holdings or dump the securities. Dealers find hedge funds and others willing to take more risk. (Reuters) Any comments? Are the mortgages now being foisted onto unwitting hedge funds? Any idea how much these are going for? Pennies per dollar?
You can remove the Attorney you have listed in Dallas Texas, Billy D Price.
All they do is straight up Chap 7 and 13 filings – that is it.
Earl
Mr. Babcock,
Do you have a copy of the order that you can send to me? I have a friend with the same issues whose foreclosure is on appeal in Kentucky. It would be great if he had some recent case law to back up his arguments.
Thank you,
Alina
CONGRATULATIONS, Sean and Soliman!
Yes…great news and we will wait to see whats next. … they may try and come back quick to set this decison of standing aside . . .and bring in new arguments . We are 50-50 for lenders coming back . Anticipate here!
Anyone here want to comment.
admin@borrowerhotline.com
I just want to said Big Thanks to Maher Soliman who helping me to get out from Lending Sharks.He is always there for me and I am folowing his advice in correspondence with lenders.They are always suprised with his attack (knowlege)and so far I am successfull on one property with him as examiner and adviser.I get what I want and I finaly get what kind of scam all this mortgages are.There is more to be done and I will post result’s how they finished but so far so good. For all of you in trouble, Good Luck and fight,they (Lenders) are vulnerable and and you will get nothing w/o request and fight.
George
Great News!, Thank you, America Thanks you!
Today I hit a homerun in the Providence County Supreme Court. Option One’s attempts to foreclose in RI as Sand Canyon was shot dow. Judge Silverstein ruled that Sand Canyon was not a successor in interest to Option One and could not, therefore, foreclose on my client’s mortgage of $414,000.00. This is a huge ruling in RI where Option One has foreclosed on over 500 properties in the past year. I hope to have every one of them undone and put my client’s in their homes or recovery money damages. On July 30,2009 I have a MERS argument in the same Court that will set the tone for thousands of existing mortgages in RI and thousands that have been foreclosed. IT is all about attention to details.
Here is a question for the litigators and “seekers of truth”
Florida is attempting to have a Mandatory Mediation for all foreclosures.
The question is: are they in violation of their own constitution??
FLORIDA CONSTITUTION
SECTION 11. Prohibited special laws.–
(a) There shall be no special law or general law of local application pertaining to:
(3) rules of evidence in any court;
(5) petit juries, including compensation of jurors, except establishment of jury commissions;
(6) change of civil or criminal venue;
(7) conditions precedent to bringing any civil or criminal proceedings, or limitations of time therefor;
(9) creation, enforcement, extension or impairment of liens based on private contracts, or fixing of interest rates on private contracts;
(10) disposal of public property, including any interest therein, for private purposes;
(12) private incorporation or grant of privilege to a private corporation;
(13) effectuation of invalid deeds, wills or other instruments, or change in the law of descent;
(18) transfer of any property interest of persons under legal disabilities or of estates of decedents
Good luck and much success to all of us fighting the good fight!
phillip p
this must be [said] judge goldman you ref’d in -
“california central district court is pretty much run by a judge goldman”
“court of equity”- hahaha- yea if your a bank
phillip p
was a claim showing [relief & if so what was the claim&relief] ever filed in the case you posted?
i take it there was issue with your atty being [ worn down by the extended time ploy & lack of incentive for him?.
any info would be SOOOOOO helpful to me.
thank you in advance; ]
I am a Petition Preparer in Las Vegas, NV, if you think Florida is burdensome upon the mortgage debtor, well take a look at NEVADA. It appears that the judges have collectively decided that the debtor/mortgagee may if they have enough money file their dispute in State Court for damages but they will lose their homes. Keep in mind that the judges in Nevada are elected officials who run campaigns and the individual debtor does not contribute to that campaign. You can not win in any restrictive and/or good boy States. I believe that forclosure dispute should all be moved to Federal Civil and not Bankruptcy Court. There absolutly no due process and substantive prodecural right avaiable. Perhaps in Florida and Nevada 1983 civil right violation cases would be a better approach for preventing irregular and/or illegal forclosure sales – non judicial case particularly. Mortgage Compaqnies are stealing homes and there is not checks and balances available. The mortgage companies do not have a negative cash flow due to the president(s) taxpayer contributions – the tax payer debtor is screwed.
Any attorney’s in the Spring Hill/Brooksville area of Florida. Anyone have any bad dealings with a FEDERAL CREDIT UNION ?
Abby in CA
Abby in CA
Folks here keep getting caught up with California regulatory criterion that dosen’t, in my opinion, amount to much.
Where are you in term from the settlement date to the dates in question?
The transferor originates the loans long term and accumulates them on its balance sheet. My balance sheet would show these assets as line item “Loans Held for Sale”
This is referred to as warehousing. When the Pool or group of loans reaches a sufficient size for delivery, the loans are physically sold to a QSPE. Remember though they were already committed and that’s all the Fed regulators care about. During the gestation period the transferor finances the cost of holding the loans with prearranged lines of credit known as warehousing lines. The proposed changes to accounting for transfers of financial assets were made even more liberal thanks to a good friend Bernanke. I called this one before it happened where it is even more lax under GAAP criteria for transfers and basically makes the ability to transferor merely by intent as to the assignment for the sale of assets to be bonifide. Backdating is for all intents and purposes lawful here.
Don’t forget the role of the nominee either. MERS
has anyone ever noticed that california central district court is pretty much run by a judge goldman? maybe in relation to goldman & sachs….. I’v looked at some of the case history there and I can’t honestly say that it is a place where justice is rightfully served. When you look at orange county california you’ll see that it has the 3rd highest economy in the world, it was home base for a lot of the shady lenders that gave bunk deals across the nation & that those in charge of enforcing the law have been engaging in activity that puts them outside the law. Sheriff Corona Indicted for Corruption District Attorney Tony R. got put under the scope for giving some of his contributors fake badges, I’m sure it doesn’t stop there it doesn’t take a rocket scientist to figure out that to be able to pull off all of these financial crimes successfully you’d have to do things like put people in power, bribe those in power & receive consent to move forward and then get rid of those that would pose a threat to your new criminal enterprise…. I wonder what happend with all those firings of US Attorneys when bush was in office just before all this got really bad……
Bill,
Can you email me what you have on this John guy?
Jun 29, 2009, 5:13 p.m. EST
States can probe bank fair lending, Supreme Court says
By Greg Robb, MarketWatch
WASHINGTON (MarketWatch) — States have the right to investigate national banks for violations of fair-lending laws, the Supreme Court ruled Monday.
The 5-to-4 ruling rejected arguments from the banks that only the federal Office of the Comptroller of the Currency had such authority.
“This is a huge win for consumers across the nation,” said Andrew Cuomo, the attorney general for the state of New York, in a statement.
The case began in 2005 when Cuomo’s predecessor, Eliot Spitzer, asked banks for information about their lending practices. The banks sued to block the probe, and lower courts agreed with the banks. Spitzer had threatened to issue subpoenas to get the data.
The Supreme Court ruled that Spitzer could not have issued subpoenas, but was allowed to bring an enforcement action if violations were uncovered. States are free to pursue investigations of banks for consumer protection issues in courts, the ruling said.
The Clearing House, the banking group that brought the suit, said it was “disappointed” with the decision.
Another bank group, the Financial Services Roundtable, went even further, saying that the decision “will create a patchwork of 50 state laws that destroys the efficiencies of the national market.”
The case was decided by an unusual coalition on the high court. Justice Anthony Scalia joined more liberal Justices Stevens, Souter, Ginsburg and Breyer in the majority.
Seth Galanter, of the Washington office of the law firm Morrison & Foerster, who worked on the amicus brief on the side of the banks, said he was surprised by the ruling since “no one was advocating that [outcome.]”
Galanter said one consolation was that attorneys general would not be able to engage in “fishing expeditions” because there will have to be some basis for their requests.
Robin Conrad, a legal analyst with the U.S. Chamber of Commerce, said Monday’s ruling may be a more narrow victory for the states than bankers fear.
“It leaves the whole area [of federal pre-emption] in a much more muddled state,” Conrad said.
“It is unclear how much it opens the door” for state oversight, Conrad added.
Mr. Garfield:
This story from Nevada may posit the question, will the real party in interest step out from behind the curtain in order to modify my loan? And more importantly inavertantly disclose the whole pretender lender obfuscation of the fact that the only real party in interest is (theoretically at least) the investor
http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2009/06/26/state/n170148D19.DTL&type=business
Darryl,
If you do find one, please let me know. I am having a tough time finding one as well here in CA with a securitized refi MERS Deed and note.
dnd1190@gmail.com or (424) 294-2045
Don
Hello all,
I am an individual who knows exactly how to prove through litigation , that any real property which was a part of the securitization process, is free and clear.
However, I’m really having a tremendous amount of trouble finding attorneys who get it or are willing to fight.
Can someone please send me a referral for the state of California.
Darryl Evans 562-556-2080 or Daltoids@aol.com
Warning – Do not contact or send anything to John Dunn “olivier@ipa.net” … his operation is a scam.
Gina
fax that attorney and tell him you are doing two things immediately if he does not return all of your money and your docs.
1. you will report him to the State Bar Association of California (they have a website and you can do it online)
2. you will file a legal malpractice case against him, as it was really legal malpractice for what he did not do for you
Also, be so kind as to tell us his name so none of us also living in the bay area use him.
What are the pros and cons of filing a lawsuit against JP Morgan Chase Bank, NA in a federal vs a state court? It seems to me, our superior court judges in Santa Clara County are not in tune to what is really going on with these scam artists.
UPdate — The attorney that filed my complaint in the Santa Clara County Superior Court in January did NOT serve JP Morgan Chase. ;’( Thus, the reason why JP Morgan Chase has not answered. No wonder I fired that guy. That attorney has not returned my files to me, did not show up to 2 hearings, and now this. And did not return any of my money to me. It is bad enough dealing with the banks then having to deal with an attorney like this. Which of course meant that I had no money to hire MSolimon who I am convinced is one of the few people that knows what he is doing.
Depressed does not even come close to how I’ve been feeling the last few days. May God help us all.
Wells Fargo Bank, National Association as Trustee for the Certificateholders of Structured Asset Mortgage Investments II Inc., GreenPoint MTA Trust 2005-AR5, Mortgage Pass-Through Certificates, Series 2005-AR5 by EMC Mortgage Corporation as its attorney in fact.
. . . attorney in fact for who. The QSPE needs MERS as beneficiary “Nominee” to remain opaque, hidden and out of sight…till after sale at the courthouse steps.Whoever funded the loan thats likely your Beny!
See FAS 140
msoliman@borrowerhotline.com
A vulture fund is used to buy distressed assets. Its what I used to run at MGCA and would use to purchase impaired bank whole loans.
I would buy a pool of loans in foreclosure at 50 to 80 cents on the dollar. I would mark the pool to resell at a 10 % margin with other assets we held. This way the borrower could also enjoy the gift of a new loan at a reduced balance.
The loans I would purchase were stale on a warehouse line…in other words not yet committed or sold (obviously).
Once sold into a trust its impossible to sell off the asset for a number of reasons. Lenders cannot do a modification and no short sale – I am telling you this . . . . . before you hear it on 60 minutes this Fall.
Okay!
MSoliman
m soliman….
my… what a huge hammer you wield !
so let me thank you for that ” concise & well explained ”
post 6-19-09 re; QSPE
what is the meaning of”Vulture Fund” i can see a couple of different ways to apply it – tho was it a genuine title of the fund? if so how ironic .
hey thanks again… i’m becoming a fan
Abby — I am in San Jose, California.
M Solimon what do you think?
Gina
One more thing to check when hiring a lawyer. You can go to Martindale Hubbel website at martindale.com. Type in the prospective lawyer’s name. Hit the button LEARN MORE and info about the lawyer comes up.
For instance, I just learned that Tracy L. Woods of Pleasanton California, his specialty has been FAMILY LAW & IMMIGRATION until recently when he has started his foreclosure mill!! So no wonder he
floundered with my friend’s case!!
Martindale.com also allows you to input your client experience with your lawyer. So if you have some complaints you need to input your experience at this site. Also, if you feel there is legal malpractice you can file a complaint with the state bar association. Another avenue is to find a legal malpractice attorney who may then sue the attorney who was negligent etc. with your case.
Update on Tracy Wood, ESQ in Pleasanton, CA.. Earlier I described how deficient he was in his legal
work for a friend of mine, who now had to move out of her home due to the Writ of Possession being awarded to the entity who bought her home at Trustee’s Sale. Upon several or my emails to Tracy, basically telling him shame, shame for not even having her bkr plan done before the meeting with creditors AND for not planning to show up for creditor hearing AND for not doing a darn thing to protect her home AND for not even filing a Fraud case against Countrywide…….he has now told my friend he will write her a Fraud complaint but she has to pay to file it. We are not sure if he will represent her though. He kept her money, but when he did show up at the BKR hearing he wanted her to pay $5 for his parking!! The BKR trustee was upset that there was no BKR plan.
Anyone who deals with that firm should use extreme caution. Search this website as there is somebody else who used that firm and ended up losing his/her house due to inaction on the part of that firm. It is a posting from April timeframe.
I also had to tell Tracy it was basic malpractice for what he did not do for my friend.
He sent one email back to me basically telling me to butt out. I had to say my bit as I referred my friend to Tracy.
Philip–I am in the East Bay of California. Dublin.
hey abby where in ca are you located?
GINA-what state are you in? At the very least you, if you are representing yourself, should at least be prepared to argue to the judge that they have not been responding to you. Hopefully, you have filed proof of service with the civil clerk.
note-I am not an attorney. it is also hard to tell as you never indicated what type of complaint you filed against them…wrongful foreclosure only?
Go a bit early and see if any of their attorneys are around —if so, maybe they want to negotiate–but have your facts on why they should–
It is very difficult to predict what that court hearing is about. Sorry.
ps you should read thru your State’s discovery laws….maybe something there you can use with the judge to get them to produce what you have requested.
note–if they complain about the complaint not being adequate etc….then maybe you can use the fact that they did not produce the discovery you requested and you could amend the complaint if you had the discovery.
again….I am not a lawyer and you should try to find an attorney or go to legal aide
Finally, I have my first court day this Tuesday on the case I filed against JP Morgan Chase. I filed it in January and JP Morgan and WaMu did not respond to the complaint. Although, it was discussed when we appeared in an exparte hearing to consolidate and again at the UD hearing. I lost posession of my home last month… So, what happens on Tuesday at the conference hearing? Does the JP Morgan Chase get to respond?
Back in February, I followed examples on this site to dispute the debt validation and also demanded the name(s) and contact info of the owner of my note/loan. Just two weeks ago, WaMu responded that JP Morgan Chase is now the servicer and that it is forwarding the letter to them (which I already sent to them). Comptroller’s office told JP Morgan Chase to respond to me back in March (still nothing).
So, what do I do (or not do) on Tuesday? At this point, I don’t want to live in that house ever again. I want my money back and damages. What should I expect on Tuesday?
Thank you,
G
David,
Well Fargo National Association is the Trustee. You cannot be a Trustee and Own the Note less it then becomes a Partnership with the Certificateholders who are in Fact the Noteholder in this example.
EMC acts as the “attorney in fact” (and would like to see those documents).
Mortgage Audits
oliver@ipa.net
john
OPAQUE AND DECEPTIVE PASS THRU INVESTMENT TRUST BUSINESS PRACTICES
Where Are the Attorneys and Why are Law Makers Silent to FAS 140 and Role of the QSPE
Press Release
By msoliman@borrowerhotline.com
June 17th 2009 LOS ANGELES, CALIF. / I opine legal practitioners must gain a better understanding of the verifiable arguments that MAY lend consideration towards individual and class consideration. We contend the Federal Savings Bank has breached FIRREA and spirit of the enactment using the Pass-through platform as a shelter to conduct business. There is support for concern as to the role of the federally insured FSB (aka saving and loan) having never relinquished the receivable it originated from you the borrower.
“Special Purpose Businesses” or QSPE are a “straw” “combination” (wholly owned) company that among other things, should be prohibited as a transferor entity to act as a lender. The loans or “assets” it originates become a security upon which it can borrower against and as such will fall short of the trust and indenture assuring a bonifide sale has taken place. The “obligor” that transfers assets to the entity (Creditor) and who enters into a commitment to provide additional cash or other assets to fulfill the QSPE’s obligations to beneficial interest holders cannot exist.
Especially if that entity holds equity instruments such as shares of partnership interests.
Accounting for pledges of financial assets is the most serious underlying threat to the trust structure. When a specific asset (as a security) is being loaned the transaction is being accounted for as secured borrowering. FASB has effectively removed the concept of QSPEs, which is the enabling “piece” to make off-balance-sheet securitizations possible. [From the FASB set of regulations, specifically, FAS 140]. FASB voted to remove the Qualified Special Purpose Entity (QSPE) concept (used for some securitizations) from FAS 140, Accounting for Transfers and Servicing of Financial Assets and Extinguishments of Liabilities, and to remove the related scope exception from FIN 46R, Consolidation of Variable Interest Entities (VIEs).
Consider a Pass through investment upon reading a 10K disclosure for yearend 2008 and whereby a Transferee upon delivering closed sales is reporting to have less than one percent delinquency and or impairment (bad Loans). This whereby assets sold are transferred at will to and from the QSPE (Off balance sheet).
It is solely to shelter investors from loss and the need for impairment recognition that normally could affect the outstanding pool of assets. The demise of the trust is likely and conceivable by notifying the trustee of a failure to recognize reporting delinquency contrary to the rules under a series of repurchases whereby the collective entities are operating as one and a 20% delinquency is grounds for throwing the Trust into receivership.
So where are the attorneys and why has this gone on as long as it has? Not one consumer based group seeking opposition to ongoing opaque and deceptive business practices !
What’s at stake here requires formulating a cognizant legal argument contemplating accounting (GAAP)based principles for formulating litigation that will grasp FASB guidance on accounting for transfers of financial assets in FASB Statement No. 140,
“Accounting for Transfers and Servicing of Financial Assets and Extinguishments of Liabilities. The absurd and ignorant view of some regulatory opinions is amazing where I found this- AICPA AcSEC (Letter #44) who stated,
“We are not aware of any abuses in practice related to transfers of a portion of an asset and this new guidance makes the standard much more difficult to apply, would significantly change practice and would result in accounting that doesn’t make sense.”
The reporting party (10K) has a dual motivation for lacking transparency here by repurchasing or “hiding” impaired assets. I can support the reasons for which I was opposed to pass through investment platforms, employing the QSPE model and non transparent platform for capitalization from a new issuance. Because I am honest and to protect the investors where my opposition is verifiable as recently as 18 months ago (Ref: Gareeb Pham et al PPM / CONCILLIUM ASSET BACKED PROPOSAL: Vulture Fund).
These accounting procedural changes are mandatory not solely to improve consistency and transparency in financial reporting.
As stated earlier I believe a transfer of financial assets (borrower loans and derivatives) between a willing buyer and a willing seller should stand on its own merits.” The arguments for and against the QSPA need consider the play amongst parties reporting whereby it is imminent and threatens sponsors to exposure to documented attempts to isolate further control of the assets in question.
Clearly, any attempt to manage, direct or manipulate an asset and after a sale occurs to a Trust investment will clearly violate the provisions for qualifying the asset as something other than a “contingent Transfer” under FAS 140. With the benefit of over 250 consumer homeowner files and audit’s we have a unique advantage permitting us to see clearly the causes for why the transferor after having sold the assets are unwilling to provide a meaningful solution to borrower requests for relief. No ethical method or plan for a disposition for a bad loan has emerged for good reason – direct contact and mediation by anyone other than a Transferee (trustee) would first require the asset to be classified and otherwise make a repurchase back to the QSPE mandatory.
A repurchase provision and any other set aside components which affect the sale will be considered grounds to void the transfer as a true sale. Therefore any attempts to make good on state and federally mandated enforcements associated with borrower relief in mind fail. The is no economic incentive to assist a short sale buyer in a disposition of asset priced above the loss taken in trustees sale which is continually booked at a loss (figure substantially below the short sale offer and its basis held).
Home owners who sought relief from trustee sale via short sale avoid a foreclosure on their credit record. A realtor recently put a house on the market for a short sale. The couple (both in their upper 60′s), lost their business a furniture store due to current economics. Subsequently they could no longer afford their mortgage.
Between April 2008 and August 2008 the DRE Agent presented Chevy Chase Bank with 15 offers, at least 6 of the offers were over the appraised price (bank appraisal).In short, “I provided all requested documents 3 and 4 times, as they seem to lose them’. The allegations by agent and parties claim Chevy Chase will lose more than that at an auction. Correspondence to the, president and CEO failed as all other attempts for mediation did accordingly. Agent claims after 5 months . . . lost over $ 10,000 or more considering all the expenses, and cost to clients who lost their credit rating . . . . Employees in loss and mitigation dropped the ball for nearly 6 weeks.
“When I first called to announce a short sale, the person in loss and mitigation told me outright, why “they” don’t just foreclose”.
A short sale and mortification request is of no economic value and threatens the existence of any trust structure. Early prepayment as we saw in 2003 through 2005 took its toll on the repurchase demands made of Countrywide. The alternative to cashing out early and sustaining huge losses is supplementing lost loan volume with new production. That mentality caused there to be a magnificent push towards production at any expense. Good assets paid off and weaker assets were used to offset losses for guarantees and yields due investors by Countrywide.
Thus all the bad loans you see today!
Could this mentality sustain itself through a third and forth cycle of refinance and hyper accelerated payoffs demands from periodic bursts caused by housing demand? In my opinion more and more weaker loans paid off due to adverse drops in market rates affect housing prices that had driven home sales up and rapid fire prepayment speed.
So assume weaker and weaker loans were supplementing the weak loans that were going from “Citi” to “Country” and back again. You almost need an air traffic controller like facility to keep track; e.g.MERS
Booking loans at the “Whole loan” level is a losing proposition with price levels bearing heavy on fixed and variable costs. Price inhibitors are mostly due to the cost to attract broker business. Retaining a security interest in assets that recycled themselves lower and lower on the quality scale made hanging on a losing proposition. The art of substitution applied to assets treated as a sale is opportune and available only through a trust and pass through investment. Stock options and executive incentives with a shorten horizon of three to five years did not work in hindsight as the latest round of malfeasance has executives facing indictments where they nearly were allowed to get out unscathed and avoid the commissions wrath for manipulative insider trading.
Therefore the notion that greed drove the market and excess caused the toxicity is not entirely correct. It’s the added consideration of recourse and guarantees that normally do not transfer in a bonifide sale that make the QSPE and FAS 140 amendments so important to understand. It was the set aside and need to honor the recourse provisions for fall out in order to shelter the trust pursuant to using unrealistic accounting rules
Now the shift against combinations, transfers and treatment of sales make vulnerable the arguments against the FSB who we contend is the true holder in due course.
Look months down the road at the final assignment from the Trustee in a recovery. That assigment is back to the purported original lender. That transfer of the asset is below the original basis and market and rests as a FSB owned (REO) asset.
MSoliman
http://www.borrowerhotline.com
(thanks neil)
If a street analyst is available please consider the opinions made for FAS FAB 140 and provide comments here or to M.Soliman 877-732-7653
emc is the loan service wells fargo is supposed note holder go to edgar and do a search to see if youroan is in that pool ot cerificates. check the servicing agreement- dave gobb@ptd.net
Now, explain this to me:
This is a foreclosure in Arizona and the beneficiary is?
Wells Fargo Bank, National Association as Trustee for the Certificateholders of Structured Asset Mortgage Investments II Inc., GreenPoint MTA Trust 2005-AR5, Mortgage Pass-Through Certificates, Series 2005-AR5 by EMC Mortgage Corporation as its attorney in fact.
C/O EMC Mortgage Corporation
2780 Lake Vista Drive
Lewisville, Texas 75067
Mortgage Audits
oliver@ipa.net
john
To Attorney Hackett-with respect to CA code 2924(a)(1)(c), how could I deal with a servicer JP Morgan Chase who never did a declaration, filed the NOD, but then many, many months later a corporate deed of assignment from the original pretender lender New Century Mortgage to U.S. Bank, N.A. done and then backdated (handwritten) on the assignment doc, to the date of the NOD. Also, the Substituion of Trustee is backdated to the date of the NOD. The substituion of trustee, done by US Bank, was done prior to them becoming the beneficiary on the corp. deed of assignment.
So, with the backdating, I have actually two trustees at the same time!! One that was actually the trustee during and then a second one from the backdating of the docs.
I don’t understand what you are saying in your last line of ‘Who’s the beneficiary defense’ …..
Anybody in CA, lawyer or non-lawyer know about a company called “Home Defense Group”?
It looks like they are the same company as United First Foreclosure that used attorney MW ROTH in a JV Agreement.
That didn’t turn out so well and I almost got trapped in that one.
“Who’s the beneficiary defense” seems to be picking up some steam.
While there is no “Show me the Note” defense in CA, Civil Code section 2924(a)(1)(C) expressly states a Notice of Default must be predicated on a declaration from the BENEFICIARY as to each and every default THEN KNOWN to the BENEFICIARY.
Since we do have cases (BK) effectively holding servicers are NOT beneficiaries these seems to support what I’ve been alleging in Complaints i.e. the Trustee’s recording of an NOD and/or NOTS is NOT privileged or authorized by CC 2924 et seq.
Walter Hackett,
Attorney at Law
Philip,
I don’t know if you’ve emailed in the past few days due to substantial hardware issues (so much for the “Laptop as Workstation” theory). I am in the process of adding a couple of associates who I’ll be teaching from scratch so they won’t have anything to “unlearn.” While I’m buried, in light of your posts and clear need if you email me I will find a way to fit you in to my schedule.
Walter Hackett,
Attorney at Law
Phillip
With respect to Neil, I cannot act in place of an attorneys, do not like to solicit business direct (with respect to the bars wishes and the states concerns regarding un qualified auditors) .
In UD Court yesterday I understand a man came in with a crown and tried to represent these individual s suffering at all stages of foreclosure. With memories of scent of a woman he went up to stand before a judge. Now, he said he wanted each foreclosure dismissed for lack of the note where each lender was unable to perfect title.
The following that supported him turned into a mob and chased him out where he was not seen again, Funny? Not really at a cost of as much as $10,000 for some individuals.
Contrary to what some say you need to contact an attorney willing to hire us on your behalf as an expert. Hackett civil or Kop Fed and bankruptcy and Susan Rabin for general guidance and limited scope engagement agreement (ca practitioners) . All good recommendations. Or your own choice from researching the sources around you!
Now as for being worthless….do you know my wife? LOL
We provide accurate testimony for specific areas involving the pass through investment and testify in your case if necessary.
For informational purposes offering a practical foundation and 25 years trading receivables …contact me at 877-732-7653
msoliman
admin@borrowerhotline.com
Phillip…the best way to get that done is to hire a lawyer. Trust me, I am certain that pro se documents are not what’s going to slay the dragon…there’s plenty of good lawyers on this site, use your good money and hire one.
worthless
never mind you guys are wortless
I thought I might pass this information on to those in Florida.
http://www.floridatrend.com/article.asp?aID=50904
http://www.scgov.net/homehelp/documents/LawFirmLetter.pdf
Mortgage Audits
oliver@ipa.net
john
I am facing two seperate foreclosure actions on the same property (1st lein). Wells Fargo and Deutsche Bank both claim they own the same note. As usual, both have lost the note. I have responded w/ a produce the note(30 days no response), motion to compel and have a June 24th date w/ the judge in chambers to hear the motion. Silly me, but how can they both own the note. But, neither are able to produce the original instrument. One or both of them has comitted serious violations in filing…no? 18th district FL
To Phillpl S. Get in touch with me on my site and do a info request, I have some data compiled that may help you.
HEY COULD SOME ONE AT LEAST TELL ME WHAT FORM I USE TO STATE A RESCISSION CLAIM BASED ON 1635(B) & HOW I STATE IT IN CENTRAL DISTRICT COURT…..
solimon what do your services cost ? I need help…….
Hackett’s comments are interesting….
Can you imagine the mandatory need for these compliance audits in prior times and before every broker closed their loan.
So here is our June “Ace hole” of the month award winner …The lender denied the client a meaningful, caring and loving work out resolution under 2923.5 for the following: “Borrower did not have sufficient 12 month seasoning”.
Our findings show the lender Taylor Bean refinanced the borrowers purchase after only 4 months…
Help us Lord, Help us!
I will go on record and tell you that I will examine any audit conducted for a borrower and show you no less than five material violations “MISSED” and equivalent causes of action
(“ahhh ohhh ummm, sorry Bar, I mean laymen can’t say causes”. “So let’s say “Dirty deeds done cheap”).
Any fool who uses the word “AUDIT”audit and who is not QUALIFIED AND OR A CPA had better prepare their E&O carrier for the worse. What! E&O….whats that ? WHAT THE %$# ?
YOU DON’T SAY? My tune has not changed and words are consistent …since 2005. They are :
1) MERS will never be beaten and did no wrong (by the way they are approved to go under ground soon….Senate Bill I believe)
2) Look into the conflict between HUD and the SEC and depending on the horse you pick….Lenders did nothing wrong in view of the commission. That is till they commenced with the exit and recovery.
3) There is one and only one means and method to seek to prevail in these matters. It is exclusive jurisdiction, substance and using arguments that are of the proverbial “Morton’s Fork”. It is completely verifiable. (see item #2 above).HUD will send you to an electric blanket in Vail.
The SEC has beautiful accomodations ready for perpetrators at their Leavenworth resort. Pick your choice on where to argue. . . and judge by the oppositions facial expressions!
4) Home for free and equitable distribution are something you better get on board with.
[NOTE – I heard a Trustee in a hearing warn Mr Kop about equitable distribution and courts lack of understanding. (Nice) Kop (The prophet) calls it low hanging fog. With Colonel Sanders as my witness you should have heard the Prophet “Kop” as he cited section 544 and Trustees strong arm “avoidance powers”.
Trustee – you think that will do the job do you? Get something for nothing?
Prophet: NO! ….but it will allow me to throw Bank of America into receivership!”
Trustee – Pure unaudulterated stagnant silence ……….then looks at the hearings assistant (to the Trustee) and say’s ……
Trustee – .”We will continue the matter!
5) Notes were never ever lost – not at least how you interpret “lost” (Lost sock , lost dog and Yankees lost).
6) The mental stability of the client and ignorance of the marketplace make this a dangerous place to be for any attorney, expert, auditor or jeweler.
msoliman
http://www.foreclosureinfosearch.com
(attorneys that venture into this foray without Garfield’s course are …..just attorneys!
West Coast Suggestions
—————————–
S Rabin ESQ
K Kop ESQ (Bankruptcy)
A Kulack ESQ (Tough as they come)
W Hackett (Always helpful)
Northern California
—————————
Chris Gardas (No BS)
Mark Terbeek (Won several)
Just a reminder: Any state bar is a 100% Voluntary organization. It is not the Licensing Division of the State that grants the right to practice to which a fee is paid….that is by the way of the Supreme Court. Who set up the Supreme Court. There is the geographical State of California and there is the Corporation. Who are the officers of the Corporation and who are the beneficiaries of the corporation? Who has the right to chose their assistance of council?
Mortgage Audits
oliver@ipa.net
john
I’d think twice about that. Mr. Drexel thought nothing about going after attorneys who tried to assist homeowners but did nothing about those who represent thieving, greed-driven lenders. I wrote to him personally to ask him why he was all but ensuring Real Estate “Professionals” (almost an oxymoron at this point) would be the ONLY people who could negotiate on behalf of homeowners with their lenders. I pointed out that these “Professionals” are the SAME people who put homeowners into loans they could NEVER afford.
Walter Hackett,
Attorney at Law
ALL I HAVE TO SAY TO THE PEOPLE OF CALIFORNIA IS BE VERY CAREFUL IN SELECTING COUNSEL
California State Bar, in Refusing to Reappoint Scott Drexel, Sends Message to State: We Don’t Want Lawyers Disciplined
The State Bar of California has sent out a memo: If you want to be the chief lawyer responsible for policing lawyer misconduct, do not actually police misconduct. This is a wink-nod position. Scott Drexel got the memo. From the Daily Journal:
SAN FRANCISCO – The State Bar Board of Governors decided this week not to reappoint Scott Drexel, the head of the bar’s prosecution unit who had sparked controversy by tightening rules governing attorneys.
What were some of Mr. Drexel’s offenses?
Drexel made waves by introducing a controversial rule to allow for permanent disbarment in the most egregious discipline cases and made it tougher for attorneys to resign with charges pending against them. At Drexel’s urging and despite an uproar among attorneys, the State Bar now posts notices of disciplinary charges online.
Why shouldn’t notices of disciplinary charges be posted online? The State Bar doesn’t publish kooky allegations of every rabid pro se litigant. There must be a finding of misconduct. In California, it’s really hard to be found liable for misconduct.
Shouldn’t the public know whether a lawyer has behaved unethically? The public, after all, are clients. The public also pays for court houses, judicial salaries, and all the other trapping of law. Why shouldn’t the public have a right to know?
Drexel also got into major trouble for prosecuting an unethical prosecutor:
Drexel also raised hackles in the law enforcement community by going after several well-known prosecutors for misconduct, including Santa Clara County prosecutor Benjamin Field. Accused of offenses including withholding exculpatory evidence, which Field’s supporters were quick to point out involved cases more than a decade old, Field ended up having his license suspended for four years.
Benjamin Field, quite simply, committed prosecutorial misconduct. He withheld evidence. He broke the law. (News report here.) The judge that heard the evidence of Field’s misconduct concluded (pdf):
In this contested disciplinary proceeding, an overzealous deputy district attorney is charged with multiple acts of serious professional misconduct in four criminal matters. Contrary to the ―professional keeping of lawyers, respondent Benjamin T. Field abused his prosecutorial power, concealed relevant and material evidence and violated the constitutional rights of defendants.
That was too much for the State Bar of California to stomach. Scott Drexel actually wanted to hold lawyers accountable for misconduct. He wanted the public to be able to determine whether a lawyer had violated the law. He wanted prosecutors to follow the same laws they enforce. For his audacity, he is out of the job.
The next chief prosecutor for the State Bar of California will get the message. Pound on a few desks. Make a lot of sound and fury. Signify everything; do nothing.
The Massachusetts cases are powerful and have servicers and lenders very worried about past practices. I had a foreclosure that took place in Saugus Mass last year reversed and my client is due damages. Have seven such cases pending in Rhode Island right now with Atttorney Todd Dion. Look to the UCC, Restatements, Law Review and Bankruptcy Rulings on Standing. This is a war tha can and will be won.
We GET IT – Florida Homeowners who need assistance in fighting your Foreclosure and winning back your home, we’re now accepting new clients.
floridadefenseteam@comcast.net
she has a way to recover with damages i believe…”california gulf case”
sorry i couldnt find the link…
abby ….
we need a lynch mob for him.
there is no middle ground in these times… you’re part of the solution or part of the problem.
tuff break for your friend.
karma has no appellate court for the lawyer .
good luck pursuing this injustice.
Avoid this attorney–Tracy L Wood, ESQ at http://www.tracywoodlaw.com with an office in Pleasanton, CA.
I referred a friend and he indicated he’d file a bankruptcy case and then also a fraud/TILA case in her behalf on her foreclosed home. He did not even file the bankruptcy plan prior to creditors meeting and he did not show up to fight against Countrywide/Sovereign in bankruptcy court. He never kept her updated on her case. He never did the TILA audit as promised.
He has appx. 500 clients in his alleged ‘foreclosure’ rescue business. He has a hugh front office staff.
It is just a mill. He has a judge who has written hm a 20 page document of some sort chastising him.
I think it is deplorable.
She now is being evicted next week. I’m writing to our State Attorney General about this mill.
AVOID AVOID AVOID
I am a California RE Broker in Los Angeles/Ventura County that negotiates loan modifications for clients and am looking for forensic loan review services. Right now costs for these services that I have seen are in many cases cost prohibitive to the homeowner. I am hoping to find an affordable, informed company and/or attorney to perform these. There is no mark-up on my part for the loan audits, the homeowner pays the exact cost, so I am trying to find something that makes financial sense for them. If there are severe TILA or RESPA violations these clients may be referred to an attorney to pursue litigation. I’ve seen information about forensic loan services on this site, but no contact info. Please let me know or send a referral. Thanks.
davidjain79@yahoo.com
Looks like the Conn AG is starting to get it. From the Conn AG website: http://www.ct.gov/ag/cwp/view.asp?Q=441316&A=3673
Connecticut Attorney General’s Office
Press Release
Attorney General Investigates Selection Process For Law Firms, Marshals Handling Foreclosures
June, 2009
Attorney General Richard Blumenthal, as part of an investigation into the foreclosure business in Connecticut, has requested information from mortgage giants Lender Processing Services, Inc., Freddie Mac and Fannie Mae concerning their process for selecting law firms in foreclosure proceedings.
Blumenthal is investigating reports that a majority of Connecticut foreclosures are assigned to only a few select law firms, and complaints by consumers who said they did not receive proper foreclosure notices from marshals.
In letters to Lender Processing Services, Inc., the Federal Home Loan Mortgage Corporation (Freddie Mac) and the Federal National Mortgage Association (Fannie Mae), Blumenthal said he understands that these organizations maintain a network of law firms that perform legal services relating to foreclosure actions.
Blumenthal has requested specific information related to the process in developing these networks and selecting law firms.
“Dominance over foreclosure service by a few select law firms and marshals has spurred complaints about improper or illegal practices — wrongfully allocating work to non-marshals, forging papers, failing to serve papers, and making kickbacks,” Blumenthal said. “Concentrating this work in a few hands can be severely problematic — causing unconscionable costs and failed notice delivery. These companies — mortgage lending giants — have a public trust.
“A scarce few are spinning foreclosures into fortunes — and perhaps deepening homeowner despair.
“As concentration in the foreclosure business has increased, so have consumer complaints, which have prompted my investigation. My office is investigating to ensure that competition is preserved, and consumers protected.”
Blumenthal has requested that Lender Processing Services, Inc., Freddie Mac and Fannie Mae each provide the following information:
* Identify all law firms in Connecticut who have provided them with legal services relating to foreclosure actions from 2007 to the present;
* Identify the criteria utilized in selecting law firms to handle foreclosure work;
* Identify the number of foreclosure actions filed from 2007 to present in Connecticut for which each enterprise has retained counsel;
* Identify the Connecticut law firms used, and itemize all fees paid to such Connecticut law firms, from 2007 to the present;
* Identify and itemize all fees paid to Lender Processing Services, Inc., Freddie Mac and Fannie Mae by Connecticut law firms from 2007 to the present;
* Identify all policies and procedures required of Connecticut law firms to comply with the provision of legal services sought;
* Identify any complaints received relating to Connecticut consumers who did not receive notice of a foreclosure action or default judgment in a foreclosure action;
* Identify all lenders to whom default servicing is provided; and
* Provide copies of all agreements with law firms, including fee schedules.
View the entire letter – (PDF-260KB)
Hey Neil,
I would like to know if it is possible to file a Quiet Title on a house after it has been through the ringer. Meaning the house was sold to a new owner. As you seem to have been the only one with the insight to my particular case. The court file has a filing say the original docs are in the “court file” however there are no “original docs” in the court file as well as no assignment docs etc. You are aware of the circumstances surrounding my case. So I would just like to know before the anniversary of the judgment expires (Sept 10), if I have one last hoorah available?
Best wishes,
JD
p.s.
Scott had sent me an email regarding the Orlando seminar, however he did not follow up on my reply. Hope things went smoothly.
ok, so today one of my “servicers” sends me a response to my written qualified request dated 5/7/09 and signed for return reciept requested on 5/15/09. Stating that they are declining my right to recind because I did not site the specific truth in lending violations to them and that I entered into a forbearane aggremment on 5/16/09. This was a phone call from the servicer offering me a modifacation on this loan the day after it signed for the wqr and nothing was signed as of yet, they sent me a pres plan mod file on 5/28/09 and said I had till 6/15/09 to accept. The are also trying to push the fruadulent 2nd out the door to a Debit collector and say I should contact them directly. Promlem number one; the second is ulitized in the 1st on the HUd, and has all the fraudulent signatures on it as well as a page that was checked off that I cant cancel the mortgage and signed by I belive the Bank rep/loan officer as is bears similarites to her signature, most def not mine. So with that said, do I just give the “lender” this proof or Take this mod, I do like the apprasail was also fishy and overly stated, and would like a new apprasial at todays fair market value to work off of in if I take this. Another issue is that I found that this loan was somhow written with collateral from an ajacent property, so the plot thickens. If I take this now will it leave me with noe recourse on the other property/ I really need to come to see you guys, willing to fly in.
EVERYONE — THIS IS A CALL FOR HELP THAT WILL HELP YOU!: ANYONE WITH LINCOLN FED LOAN SHOULD REPLY. And for the uninitiated, “defeased” means ownership was taken away from you or was purportedly taken by issuance of a certificate of title after sale. Dispossessed means evicted.
FROM S. KOP:
I continue to seek three (3) former homeowners defeased and dispossessed by:
http://www.lincolnfed.com/
Steven K. Kop
Attorney at Law
bluejaylaw@gmail.com
Dark Forces Gather.
Steve: Please share it here and send to me as POST for BLOG with attribution to you and contact info.
I continue to seek three (3) former homeowners defeased and dispossessed by:
http://www.lincolnfed.com/
Steven K. Kop
Attorney at Law
bluejaylaw@gmail.com
Dark Forces Gather.
I need an attorney in NM. I have a predatory loan and want to get the owner of the note and start from there . I also have federal issues. Shall I start with state then go to feds? So maybe a attrny who practices in NM and federally? I have a boguss loan that has killed us financially and have foreclosure papers that I have about 23 days to respond to and although did some research I will need an attorney.
I have clicked on the link to this thread under the impression that I’ll be able to find a list of attorneys in a network that “get it.” Instead all I find is a long list of posts.
Is there some list of such attorneys anywhere? I certainly need an attorney that does get it.
TEO
Well here in the good old state of Mass the war continues. I have been tossed around by at least 9 mass attys at this point with my case. I think there is dire corruption here. So, on that note I am back to trying to help my self. I keep being told that with the proper atty my mortgages are void, and I should be able to keep my property free and clear. I have written the wqr to all my “servicers” with the lauguage of all successors ansd assigns and any and all loan numbers or changes in the loan numbers. ( this should cover everything), and I have no response from this. So if the law holds true, I should be able to declare the property mine, correct? The 21 days have passed. The last atty I went to here, looked on the record, and said “you changed your deed so the homestead on your property is void” I said,well you did not look. when the atty gave me back my deed, I recorded another homestead right over the top of that”
OKAY CAN SOMEONE AT LEAST TELL ME WHAT FORMAT I NEED TO TYPE A MOTION OR AN AMENDED COMPLAINT OR WHERE I CAN DOWNLOAD WHAT I NEED OTHER THAN THE CACD WEBSITE?
Ayn Rand Lives,
You are right that it was passed by the Florida legislature. I found out that the legislation was initiated by judges and backed by Sen. Ken Pruitt (R) and Rep. Ellyn Bogdanoff (R).
The rationale, I’m told, is that this will discourage “lenders” from filing foreclosures before trying to work things out with the homeowners. I don’t know about ya’ll, but I don’t believe it will affect the filing of foreclosures one iota. Is that cynicism or what?
Anyway, if anyone has any ideas on how to protest this, I,m game. I have been researching Florida’s open court doctrine which is substantially different than our Constitution. Interestingly, open access to the courts is not exactly a fundamental right under the U.S. Constitution. But under the Florida Constitution, it is.
Alina
A comment on the increased filing fees in Florida foreclosure cases: The fees were increased by the Florida legislature (so you have to wonder if the fix is in by lenders!). Is anyone at the Florida Defense Team willing to challenge it as being in conflict with Fla. Sta. ch. 70.001, Private Property Rights Protection Act?
john..is the Florida court guilty of unjust enrichment by such an exorbitant fee increase?
i also read that the Florida [rocket docket] foreclosure case merits are being determined by the judge asking the defendant ] – [ borrower [homeowner ] 2 questions
1-are you current on the mortgage?
2-are you living in the house?
if yes to both case is ruled is ruled in favor or the plaintiff ?? huh?
a very depressing read imho!
I believe that a class of filing fees predicated exclusively upon the value of one’s home in foreclosure is an impermissible discrimination in light of the equal protection clause of US Constitution and is actionable under 42 USC 1981 etc. – - ie: Civil Rights Act.
Just my thoughts.
Mortgage Audits
oliver@ipa.net
john
The previous fee was $295.00. There were no fees based on the value of the house.
It is outrageous, but I am not sure how to protest this or who to go to.
As I said before, my main concern are the homeowners who are already stressed to the max. The criteria for being declared indigent in Florida is as follows:
Fla. Stat. 57.082 – Determination of Indigent Status
(2) (a) 2. There is a presumption that the applicant is not indigent if the applicant owns, or has equity in, any intangible or tangible personal property or real property or the expectancy of an interest in any such property having a net equity value of $2,500 or more, excluding the value of the person’s homestead and one vehicle having a net value not exceeding $5,000.
Not many homeowners I know can fit the description of being indigent yet they also would not be able to afford to file a counterclaim or cross-claim based on the fees.
Alina
832.366.3526
If I can get this information out to all:
http://pubcit.typepad.com/clpblog/2009/05/275000-sanctions-in-mortgage-shell-game.html
http://pubcit.typepad.com/files/judge-youngs-decision-on-nosek.pdf
Enjoy…
Mortgage Audits
oliver@ipa.net
john
Alina…. or anyone who knows..
can you post what the “previous” court filing fees were.
$1900… thats outrageous ..sounds like a severe protest@court is called for.
what help?! seems like the whole place ” our once great nation” is going to shit
; ( not a good feeling.
Hey Kop,
We don’t want to hear it second hand, we want to hear it from the horse’s mouth…
Mortgage Audits
oliver@ipa.net
john
Maher Soliman has DONE IT. Game over.
Watch for breaking news.
Steven K. Kop
Attorney at Law
bluejaylaw@gmail.com
310.869.0269
The State of Florida has all but closed the doors to its courts for the ordinary homeowner. Florida has significantly increased the fees associated with foreclosures. The new filing fees not affect lenders filing foreclosures but also affect any homeowner wanting to defend a foreclosure action by filing a counterclaim and/or cross-claim.
I am totally outraged by these increases because, in effect, it makes it virtually impossible for an ordinary John Doe to defend a foreclosure in Florida. This limits access to the courts by the citizens of the State of Florida.
The new fees are which became effective June 1, 2009 are:
CIRCUIT CASE CURRENT FEES: Filing Fee $295
CIRCUIT (NON-FORECLOSURE) NEW FEES: Filing Fee: $395
FORECLOSURE CASES NEW FEES:
Cases with Value up to $50,000 Filing Fee $395
Cases with Value between $50,000.01 and $250,000 Filing Fee $900
Cases with Value of greater than $250,000 Filing Fee $1,900
I would like to get anyone else’s comments on this matter.
Alina
Thankyou for the support of the “new” face of forclosuers. The unemployed in this once great counrty do not wish to be in this situation, now everyone in this once powerful and economicly stable and once productive counrty is feeling this rumble.I did read something recently that the “plan” is now considering unemployment income, so if you are considering a loan modifacation you may want to ask about it, also able to consider spouse income/household income . But as most of us on this site feel, we are not taking this modifacation BS as reality. We all have the evidence, we all feel the same rage, Where are we going from here? Why not just allow this whole counrty to get back to zero and start a fresh “new” USA? I bet it would be alot cheaper than this slow death to us all that we are going thur, not one person I know is immune. This has gone from subprime to primetime. Americans need respect and digity. Write to your congressman/woman,let’s get some! I will get off my soapbox now.
Well seen as I’m not going to be able to find counsel to replace my bad one can someone please tell me how I go about filing an amended complaint that state a claim for which releif can be granted, the documents (evidence) in support & show that the current matter (foreclosure) has to be judicially conducted as a matter of law due to the defaulted state of the loan when it was transfered?
Please people I HAVE TO GET THIS TO COURT BY TOMORROW BEFORE THEY FILE MOTION TO VACATE
Floridians, Barristers, et al.
In defending your foreclosure lawsuit please take heed
to the words of a Ft. Lauderdale Circuit Judge:
,..”Having or not having a meritorious case has little bearing in winning a lawsuit in my court. Cases are frequently won by motion litigation. The ability of a sharp defense attorney who knows the laws shall frequently block the Plaintiff from ever advancing a lawsuit.”
You can prevail in your defense of your home! Study the law – learn the rules, visit the courtroom and hear the judges rulings. Learn the Court of Appeals rulings – JUDGES DO NOT WANT TO GET THEIR RULINGS REVERSED. The plaintiffs cannot prevail on most of these cases or they would have already. Stand your ground!
Looking for help. My loan has been sold several times. I requested copies of my promissory note from the last servercer, CitiFinancial, and my new servicer, Chase. Both claim they do not have the note.
What do I do next? Also, I think my loan may be securitized how do I find out if it is securitized. Would it be in my loan documents?
Thanks, in advance, for your help.
Good news in Mass on voided forclousers! Mass is finally getting it! The loan mod that I have already spoken on here may have more issues that I originally thought.. My thinking was outright fraud with Wamu making another person accountable and making them state in past tense that he was at the closing table so they could create a new note, and part of this mod agreement was that he was to be added to the deed and record as fee simple? But this was never done. So I now belive a bogus loan mod and a bogus original loan? any thoughts?
Here’s a copy of the ruling:
COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT
LAND COURT DEPARTMENT
U.S. BANK NATIONAL ASSOCIATION, as trustee for the Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2006-Z,
Plaintiff,
v.
ANTONIO IBANEZ,
Defendant )
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) MISC. CASE NO. 384283 (KCL)
LASALLE BANK NATIONAL ASSOCIATION, as trustee for the certificate holders of Bear Stearns Asset Backed Securities I, LLC Asset-Backed Certificates Series 2007-HE2,
Plaintiff,
v.
FREDDIE ROSARIO,
Defendant )
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) MISC. CASE NO. 386018 (KCL)
WELLS FARGO BANK, N.A., as trustee for ABFC 2005-OPT 1 Trust, ABFC Asset Backed Certificates Series 2005-OPT 1,
Plaintiff,
v.
MARK A. LARACE and TAMMY L. LARACE,
Defendant )
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)
)
)
) MISC. CASE NO. 386755 (KCL)
MEMORANDUM AND ORDER ON PLAINTIFFS’ MOTIONS FOR ENTRY OF DEFAULT JUDGMENT
Introduction and Facts
The above-captioned cases, each brought pursuant to G.L. c. 240, § 6 to “remove a cloud from the title” of the properties in question, present two issues, one in common and the other in three variations. Each arises from a foreclosure sale of property in Springfield. The first issue is whether the Boston Globe, in which the notices of foreclosure sale were published, was “a newspaper with general circulation in the town where the land lies” (Springfield) within the meaning of G.L. c. 244, § 14 at the times of publication.( ) The second is whether the published notices, which named the plaintiffs as the foreclosing parties even though they had no record interest in the property at the time of either publication or foreclosure, complied with G.L. c. 244, § 14.
The variations of the second issue are as follows. In Ibanez, U.S. Bank National Association,( ) in whose name notice was published and sale took place, had no interest in the mortgage being foreclosed (either recorded or unrecorded) at the time of publication or sale. Complaint to Remove Cloud from Title at 2, ¶ 3; 3, ¶ 8 (Sept. 12, 2008) (filed in Misc. 384283) (hereinafter, the “Ibanez Complaint”). Further, there was nothing in the notice to indicate that it was acting (or purporting to act) as someone else’s agent, much less the agent of the principal. Motion for Entry of Default Judgment at 3 (Jan. 30, 2009) (filed in Misc. 384283) (hereinafter, the “Ibanez Motion”). U.S. Bank only acquired an interest in the Ibanez mortgage by assignment nearly fourteen months after the auction took place. Ibanez Complaint at 2, ¶ 3; 3, ¶ 8.
In Larace, Wells Fargo Bank, in whose name notice was published and sale took place, also had no interest in the mortgage being foreclosed (either recorded or unrecorded) at the time of publication or sale. Complaint to Remove Cloud from Title at 2, ¶ 3; 3, ¶ 8 (Oct. 23, 2008) (filed in Misc. 386755) (hereinafter, the “Larace Complaint”). There also was nothing to indicate that it was acting (or purporting to act) as someone else’s agent, much less the agent of the principal. Motion for Entry of Default Judgment at 2-3 (Feb. 2, 2009) (filed in Misc. 386755) (hereinafter, the “Larace Motion”). However, it acquired the mortgage by assignment ten months after the sale, with the assignment declaring an effective date prior to foreclosure (April 18, 2007). Larace Complaint at 2, ¶ 3.
In Rosario, LaSalle Bank, in whose name notice was published and sale took place, was the unrecorded holder of the mortgage at the time of publication and sale, but did not record the assignment reflecting that interest until over a year after the sale. Complaint to Remove Cloud from Title at 2, ¶ 3; 3, ¶ 8 (Oct. 16, 2008) (filed in Misc. 386018) (hereinafter, the “Rosario Complaint”).
In each of these cases, the bank was the only bidder at the foreclosure sale. Stipulation of Walter Porr, Esq., Counsel for Plaintiffs (Feb. 11, 2009 oral argument).( ) In Ibanez, the bank bought the property for $94,350, which was $16,437.27 less than the amount of the outstanding loan ($110,787.27) and $16,650 (15%) less than the bank’s calculation of the property’s actual market value ($111,000). Ibanez Complaint at 3, ¶ 8; Aff. of Walter H. Porr, Jr., Ex. G (Jan. 30, 2009). In Larace, the bank bought the property for $120,397.03, which was the amount of the outstanding loan plus “all outstanding fees and costs” and $24,602.97 (17%) less than the bank’s calculation of the property’s actual market value ($145,000). Larace Complaint at 3, ¶ 8; Aff. of Walter H. Porr, Jr., Ex. E (Feb. 2, 2009). In Rosario, the bank bought the property for $136,000. Rosario Complaint at 3, ¶ 8. Unlike Ibanez and Larace, the record in Rosario does not include information on the amount of the outstanding loan or the market value of the property.
According to the plaintiffs, despite their successful bids and their subsequent recording of all the relevant documents, they cannot obtain title insurance for the properties — making them effectively unsaleable — unless and until these issues are resolved in their favor. They have thus brought these actions seeking such relief. In each of these cases, the defendants (the mortgagors/equity holders of the properties at issue) have been served, failed to respond, and have been defaulted. The plaintiffs have moved for entry of default judgment. The issues were clearly identified before those motions were heard and the parties were given full opportunity to submit whatever affidavits or other admissible materials they believed necessary for adjudication of those issues. Notice of Docket Entry (Jan. 7, 2009) (filed in each case).
Based on the record before me and for the reasons discussed below, I find and rule that the Boston Globe was “a newspaper of general circulation” in Springfield at the time of the notices and sales and thus meets that requirement of G.L. c. 244, § 14. I also find and rule that LaSalle Bank’s foreclosure in Rosario was not rendered invalid by its failure to record the assignment reflecting its status as the holder of the mortgage prior to the foreclosure since it was, in fact, the holder by assignment at the time of the foreclosure, it truthfully claimed that status in the notice, and it could have produced proof of that status (the unrecorded assignment) if asked.( ) Finally, I find and rule, however, that the other two foreclosures (U.S. Bank’s in Ibanez and Wells Fargo Bank’s in Larace) are invalid because the notices that named those entities failed to name the mortgage holder as of the date of the sale as required by G.L. c. 244, § 14. Neither U.S. Bank nor Wells Fargo Bank had been assigned the mortgages at the time notice was published and sale took place. Neither an intention to do so in the future nor the backdating of a future assignment meets the statute’s strict requirement that the holder of the mortgage at the time notice is published and auction takes place be named in the notice.
Analysis
Whether Publication in the Boston Globe Was Sufficient to Meet the Requirements of G.L. c. 244, § 14
G.L. c. 244, § 14 requires notification of a foreclosure sale to be published “in a newspaper, if any, published in the town where the land lies or in a newspaper with general circulation where the land lies” for that sale to be valid. See Bottomly v. Kabachnick, 13 Mass. App. Ct. 480, 484 (1982) (“The manner in which the notice of the proposed sale shall be given is one of the important terms of the power and a strict compliance with it is essential to the valid exercise of the power.”). The purpose behind that requirement is easily discerned and simply stated. It is to ensure, for the benefit of the mortgagor whose equity interest is about to diminish or disappear and who may face personal liability for the full amount of any deficiency, that a sufficient number of likely bidders learn of the sale so that competition, and thus the highest price, will result. See Roche v. Farnsworth, 106 Mass. 509, 513 (1871) (“There is the more reason for this [requiring strict adherence to the statute's notice provisions], where the power [of sale] is made to a mortgagee, who is interested merely for himself, and has opportunities for collusion and for taking unfair advantage of the mortgagor.”). Underlying the notice requirement is the notion that most of the interested and likely bidders will either live or work locally or, if from afar, expect the local newspapers to carry the relevant notices.
The plaintiffs in these cases did not choose “a newspaper . . . published in the town where the land lies” or even, for that matter, the newspaper with the greatest local circulation. That would have been, for both these criteria, the Springfield Republican. Instead, they chose the Boston Globe for reasons of cost and convenience. According to plaintiffs’ counsel, the Globe has competitive advertising rates and its legal notices advertising department is able to receive electronically-transmitted notices from foreclosing parties, immediately acknowledge that receipt, and promptly publish notices. The record does not indicate, and counsel did not know, if the Springfield Republican has similar rates or capacities.
G.L. c. 244, § 14, however, does not require publication in a locally-published newspaper, in the newspaper with greatest circulation, or even on the day with the greatest circulation. ( ) It is enough to publish in “a newspaper with general circulation in the town where the land lies . . . .” G.L. c. 244, § 14. The statute does not contain an explicit definition of “general circulation,” none appears anywhere in the relevant statutory provisions (those governing foreclosures), and counsel has not directed the court’s attention to any relevant decisions of our appellate courts. Thus, the familiar tools of statutory interpretation must be employed.
[A] statute must be interpreted according to the intent of the Legislature ascertained from all its words construed by the ordinary and approved usage of the language, considered in connection with the cause of its enactment, the mischief or imperfection to be remedied and the main object to be accomplished, to the end that the purpose of its framers may be effectuated. Courts must ascertain the intent of a statute from all its parts and from the subject matter to which it relates, and must interpret the statute so as to render the legislation effective, consonant with sound reason and common sense. Words that are not defined in a statute should be given their usual and accepted meanings, provided that those meanings are consistent with the statutory purpose. We derive the words’ usual and accepted meanings from sources presumably known to the statute’s enactors, such as their use in other legal contexts and dictionary definitions.
Seideman v. City of Newton, 452 Mass. 472, 477-78 (2008) (internal quotations and citations omitted).
Black’s Law Dictionary is such a source. See id. at 478; Thurdin v. SEI Boston, LLC, 452 Mass. 436, 453 (2008) (both citing Black’s). It defines “newspaper” as “a publication for general circulation, usually in sheet form, appearing at regular intervals, usually daily or weekly, and containing matters of general public interest, such as current events.” Black’s Law Dictionary at 1069 (8th ed. 2004). “Newspaper of general circulation” is defined as “a newspaper that contains news and information of interest to the general public, rather than to a particular segment, and that is available to the public within a certain geographic area.” Id. The Boston Globe met each of these tests in Springfield at the time the notices were published. It was a “publication for general circulation” in Springfield.( ) It “contain[ed] matters of general public interest,” such as national and international news, sports, and business coverage. And it was available in Springfield on a daily basis during the times in question, both through subscription and single-copy sales at stores and by vendors.
The Globe also was a newspaper that, for the times in question, met the statute’s intent of reaching a broad audience of likely bidders. While it had a fraction of the Springfield Republican’s circulation (the Republican sold somewhere between 21,959 and 24,733 copies in Springfield on an average weekday during the relevant time period),( ) the Globe’s figures (somewhere between 1,400 and 1,600 copies in Springfield during the relevant time period)( ) were nonetheless significant and sufficiently “general” in the context of Springfield’s overall population at the times in question.( ) The Globe’s status as one of New England’s major newspapers also makes it likely to reach a large, additional audience of institutional and other bidders.( ),( )
In short, while far from the best alternative, the Globe was good enough to meet the statutory test at the times in question. It was “a newspaper with general circulation in the town where the land lies” when the notices were published and thus sufficed under G.L. c. 244, § 14.( )
Whether Publication Occurred in the Name Required by G.L. c. 244, § 14
G.L. c. 244, § 14 requires that notice of a foreclosure auction be given not only to the mortgagor and “all persons of record” holding junior interests in the property (by registered mail), but also by publication in a newspaper of general circulation at least “once in each of three successive weeks, the first publication to be not less than twenty-one days prior to the date of sale.” The purpose of such publication, as previously noted, is to ensure, for the benefit of the mortgagor whose equity interest is about to diminish or disappear and who may face personal liability for the full amount of any deficiency, that a sufficient number of likely bidders learn of the sale so that competition, and thus the highest price, will result.( ) See Roche, 106 Mass. at 513. It is thus, broadly speaking, a consumer protection statute and, as the courts have repeatedly made clear, one that requires “strict compliance” with its notice provisions. Bottomly v. Kabachnick, 13 Mass. App. Ct. 480, 484 (1982) and cases cited therein.
One of those requirements is that the notice identify “the holder of the mortgage.” Id. at 483. Failure to do so renders the “sale void as a matter of law.” Id. at 484. The purpose of this requirement and the need for “strict compliance” is readily discerned. As even a cursory glance at the current caseload of this court reveals, titles arising from mortgage foreclosures can have many problems. These include the most fundamental: Did the party conducting the foreclosure have the authority to do so and, if challenged, can it prove that it had such authority? In short, will a purchaser at the foreclosure sale get good title and will get it in prompt fashion? These are increasingly important questions in the current deteriorating real estate market and are not small concerns. It is increasingly rare for a mortgage to remain with its originating lender. Often, as here, mortgages are assigned to other entities, and then assigned yet again into large securitized pools.( ) Often, as here, the paperwork lags far behind. Sometimes mistakes are made.( ) Mistakes can only be corrected, if at all, through confirmatory documents (which the borrower may not so easily agree to) or litigation. With so many foreclosed properties available for purchase, why bid on a property with even the possibility for such trouble? Why bid on a property when the foreclosing party cannot produce all the documents (including proper mortgage assignments in recordable form) that would give good title? Why take the risk that the foreclosing party will be able to produce the documents promptly after the auction takes place, that those documents will be complete and in proper form, or even (in this era of failed and failing institutions) that the foreclosing party will still be in existence, with intact files and knowledgeable employees able to find those files so that the proper paperwork can be completed? Since these concerns affect the ability to obtain clear, marketable title, why bid a reasonable market value instead of a discount price to account for that risk?
None of this is the fault of the mortgagor, yet the mortgagor suffers due to fewer (or no) bids in competition with the foreclosing institution. Only the foreclosing party is advantaged by the clouded title at the time of auction. It can bid a lower price, hold the property in inventory, and put together the proper documents at any time it chooses. And who can say that problems won’t be encountered during this process? It is interesting that it took the plaintiff (the foreclosing party and successful bidder) almost fourteen months after the auction to obtain its assignment in Ibanez and ten months after the auction in Larace.( ) Would any reasonable third-party bidder have been willing to wait that long, trusting that no other issues would arise?( ) Only in Rosario was the assignment (showing that the foreclosing party held the mortgage and could convey title as a result of the sale) in hand and ready for recording at the time of the auction sale.
The plaintiffs defend the validity of their post-foreclosure assignments (in Ibanez and Larace) and post-foreclosure recording of their assignments (in all cases), making essentially three arguments. First, they say that the language of G.L. c. 244, § 14 does not require that the notice name the holder of the mortgage. They agree that the form of foreclosure notice included in the statute contains that requirement explicitly (the signature line on that form is labeled “Present holder of said mortgage” and its text contains both the representation “of which mortgage the undersigned is the present holder” and the command “if by assignment, or in any fiduciary capacity, give reference”), but contend that these are not statutory requirements because the statute permits “alter[ation] [of the form] as circumstances require” and does not “prevent the use of other forms.” G.L. c. 244, § 14 (Form).
This argument is unpersuasive, for three reasons. First, it ignores Bottomly v. Kabachnick, which states that the notice in that case “was defective because it failed to identify the holder of the mortgage, thereby rendering the first foreclosure sale void as a matter of law.” 13 Mass. App. Ct. at 483-84 (citing Roche v. Farnsworth, 106 Mass. 509 (1871)) (emphasis added).( ),( ) Second, it ignores the “fundamental precept[]” that “[c]ourts must ascertain the intent of a statute from all its parts and from the subject matter to which it relates . . . .” DeGiacomo v. Metropolitan Property & Casualty Ins. Co., 66 Mass. App. Ct. 343, 346 (2006) (emphasis added). The form of foreclosure notice included in G.L. c. 244, § 14 is a part of that statute, indicative of its intent, and clearly contemplates (as Bottomly holds) that the present holder of the mortgage be identified in the notice. There is nothing to indicate that this aspect of the notice could be “altered.”( ) See G.L. c. 244, § 14. Indeed, at oral argument, plaintiffs’ counsel conceded that the current practice is to obtain and record all assignment documents before publication and commencement of foreclosure proceedings. Third, the language in the body of the statute clearly contemplates that the “holder of the mortgage” is the entity to give notice, as indicated by its reference to notices to be mailed “to the last address of the owner or owners of the equity of redemption appearing on the records of the holder of the mortgage . . . .” G.L. c. 244, § 14 (emphasis added).
The plaintiffs’ second argument is that the statute should be read “in its practical application, purpose and effect [to] uphold the exercise of the power of sale even though the assignment of the mortgage was recorded afterwards.” Second Supplemental Memorandum of Law in Support of Motion for Entry of Default Judgment at 5 (Feb. 16, 2009) (filed in Larace). This argument is made in two parts. First, the plaintiffs argue that the mortgagor “had ample time and opportunity to exercise his rights in equity to challenge the foreclosure at the time it was ongoing and failed to do so.” This contention (which places the burden and expense of a lawsuit on the mortgagor and allows a statutory violation with potentially severe adverse consequences to proceed unchecked if a lawsuit is not brought) is contrary to the “consumer protection” nature of the statute. The defaulting mortgagor is often a layperson, unfamiliar with law and legal proceedings, and often financially distressed and thus without resources to hire counsel.( ) Second, the plaintiffs’ argument that the mortgagor already knows the identity of the assignee of his mortgage from his RESPA notices( ) and thus cannot credibly complain, Id., completely misses the point of the publication requirement. As noted above, its purpose is to notify potential bidders who do not have that information and whose bids may be chilled by concerns over the foreclosing party’s inability to show, in recordable form, an assigned interest in the mortgage it purports to foreclose. Based upon the facts of these cases, such chilling is not speculative. In each of the two cases for which market value information was provided (Ibanez and Larace), the plaintiff purchased the property at the foreclosure auction for significantly less than that value (15% and 17%, respectively). See discussion, supra at 3-4.
Even the plaintiffs’ argument premised on a general notion of “practical application, purpose and effect” fails. As current practice shows, there is nothing difficult or inhibitive in a requirement that assignment documents be in place at the time of notice and auction. That is precisely what the plaintiffs do now. Those documents must be created, executed and recorded before title can pass in any event, so no additional time or expense is incurred by having them ready at the time of publication and auction sale. Having the assignments in place in recordable form at the time of publication and auction avoids the chilling effects on bidding described above. Interpreting the statute in this manner thus not only comports with its language and the intent inferred from that language, but also with common sense and a rational policy objective. See DiGiacomo, 66 Mass. App. Ct. at 346 (statutes to be interpreted “so as to render the legislation effective, consonant with sound reason and common sense”).
The plaintiffs’ third argument is that both case law and prevailing title practice support their contention that post-notice/post-auction assignment, so long as the ultimate assignee was the foreclosing party, suffices under G.L. c. 244, § 14. I disagree and discuss each of this argument in turn.
Bottomly is the most recent case construing the notice provisions of the statute and is the starting point for the proper interpretation of the earlier cases and proper title practice. As noted above, Bottomly unequivocally holds that a notice that fails to identify the holder of the mortgage is defective, thereby rendering the “foreclosure sale void as a matter of law.” 13 Mass. App. Ct. at 483-84. None of the cases cited by the plaintiffs either hold or suggest the contrary.
The first case plaintiffs cite is Montague v. Dawes, 12 Allen (94 Mass.) 397 (1866). Montague predates the publication provisions of G.L. c. 244, § 14, which were not enacted until 1877, so it is unclear what, if any, guidance it gives on the notice issue.( ),( ) What it does hold, and only holds, is that title derived from a foreclosure sale by an assignee of a mortgage in possession of that assignment at the time of the auction is not defeated by the fact that the assignment was not recorded until after the foreclosure took place, so long as the mortgagor is aware of the assignment and it is “unaccompanied with the suggestion that it was not recorded from improper motives, or that in some way the circumstance actually affected the sale by misleading purchasers or otherwise . . . .”( ) Id. at 400. Thus, it is directly applicable to Rosario (where the foreclosing party, LaSalle Bank, was correctly named in the notice as the holder of the mortgage and was ready, willing and able to produce its assignment, in recordable form, at the time of auction) and inapplicable to Ibanez and Larace (where the named foreclosing party had not been assigned the mortgage at the time of notice and auction, either on or off record).
The plaintiffs next cite the Rule 1:28 Memorandum and Order in Federal Deposit Corporation v. Kefelas, 62 Mass. App. Ct. 1121, 2005 WL 277693 (2005), for the proposition that the foreclosure notice need not contain the name of the holder of the mortgage in order for the sale to be valid. As a pre-February 26, 2008 unpublished opinion, Federal Deposit Corporation has no precedential value. Order Amending Appeals Court Rule 1:28 (Nov. 25, 2008). Even so, when closely examined, Federal Deposit Corporation does not reflect the holding plaintiffs argue. The notice in that case stated that the Bank of New England (“BNE”) was the mortgage holder when, in fact, that bank had failed and substantially all of its assets (including the Kefelas mortgage) had transferred to a “bridge bank,” New Bank of New England (“NBNE”). Federal Deposit Corp., 2005 WL 277693 at *1. The Appeals Court failed to see why, under these circumstances, “the change in name was significant” and thus refused to invalidate the foreclosure sale. Id. at 2-3. This is completely consistent with Bottomly. NBNE was, for foreclosure purposes, effectively the same entity as BNE and, given the general knowledge that BNE had failed and its assets acquired by NBNE, likely no one could have been confused or had their bid chilled.
The plaintiffs’ final citation is REBA Title Standard No. 58, “Out of Order Recording of Mortgage Discharges and Assignments.”( ) It provides, in relevant part, “[a] title is not defective by reason of . . . [t]he recording of an Assignment of Mortgage executed either prior, or subsequent, to foreclosure where said Mortgage has been foreclosed, of record, by the Assignee.” REBA Title Standard No. 58. The accompanying note states that this portion of the standard “is based on Montague v. Dawes, 12 Allen 397 (1866).” Id. (Comment). No explanation is given and no authority other than Montague is cited or discussed. So far as I can tell, this aspect of REBA Title Standard No. 58 has never been reviewed or ruled upon by a court at any level. I have great respect for REBA and the work of its committees, and the initial portion of its standard is certainly a correct reading of G.L. c. 244, § 14 and Montague (“[a] title is not defective by reason of . . . [t]he recording of an Assignment of Mortgage executed . . . prior . . . to foreclosure . . . .”). But the latter portion (relating to assignments made after notice is published and sale has occurred) misconstrues the statute, the holding in Montague, and the teachings of Bottomly and Roche. As discussed above, G.L. c. 244, § 14 requires publication in the name of the holder of the mortgage for the foreclosure sale to be valid. Bottomly, 13 Mass. App. Ct. at 483-84. It does so to assure potential bidders that the foreclosing party can promptly deliver good title and to prevent “opportunities for collusion and for taking unfair advantage of the mortgagor.” See Roche, 106 Mass. at 513. The best practice, of course, is to put the assignment on record prior to notice publication so it is available for all to examine. At the very least, the assignment should be fully executed and available, in recordable form, at the time of the foreclosure sale. Montague, 12 Allen at 400. To allow a foreclosing party, without any interest in the mortgage at the time of the sale (recorded or unrecorded), to conduct the sale in these circumstances, bid, and then acquire good title by later assignment is completely contrary to G.L. c. 244, § 14′s intent and commands.
Conclusion
For the foregoing reasons, none of the three foreclosures at issue in these lawsuits were rendered invalid because notice was published in the Boston Globe. LaSalle Bank’s foreclosure in Rosario was not rendered invalid by its failure to record the assignment reflecting its status as holder of the mortgage prior to the foreclosure since it was, in fact, the holder by assignment at the time of the foreclosure, it truthfully claimed that status in the notice, and it could have produced proof of that status (the unrecorded assignment) if asked. The other two foreclosures (U.S. Bank’s in Ibanez and Wells Fargo Bank’s in Larace) are invalid because the notices (which named those entities) failed to name the mortgage holder as required by G.L. c. 244, § 14. Judgment shall enter accordingly.
SO ORDERED.
By the court (Long, J.)
Attest: __________________________________
Deborah J. Patterson, Recorder
Dated: 26 March 2009
Footnotes
1. The notice in Rosario was published on June 5, 12, and 19, 2007 for auction to take place on June 26, 2007. Complaint to Remove Cloud from Title at 2, ¶ 5; 3, ¶ 8 (Oct. 16, 2008) (filed in Misc. 386018) (hereinafter, the “Rosario Complaint”). The notices in Ibanez and Larace were published on June 14, 21, and 28, 2007 for auctions to take place on July 5, 2007. Complaint to Remove Cloud from Title at 2, ¶ 5; 3, ¶ 8 (Sept. 12, 2008) (filed in Misc. 384283) (hereinafter, the “Ibanez Complaint”); Complaint to Remove Cloud from Title at 2, ¶ 5; 3, ¶ 8 (Oct. 23, 2008) (filed in Misc. 386755) (hereinafter, the “Larace Complaint”).
2. I refer to the plaintiffs by bank name (U.S. Bank, LaSalle Bank, and Wells Fargo Bank) solely for ease of reference. None of these banks hold the mortgages in question for themselves. Instead, they are the servicing trustees of the securitized mortgage pools identified in the case captions, which are the actual beneficial owners of the mortgages. Neither the details of the pools nor the particulars of the trust agreements are relevant for purposes of this Memorandum and Order, which assumes that the pools were duly and properly formed and compliant with all applicable laws, that the mortgages in question were properly included in those pools, and that the banks, as trustees, had full authority to act as they did.
3. I may consider such stipulation as an admission binding on the plaintiffs for purposes of these motions. White v. Peabody Constr. Co., Inc., 386 Mass. 121, 126 (1982).
4. The notices gave its agent’s (counsel for the foreclosure) name and address.
5. The circulation data submitted for both the Springfield Republican and the Boston Globe show that their Sunday editions have their largest readership. The notices in each of these cases were published on weekdays.
6. See circulation figures discussed immediately below.
7. The Republican sold 21,959 copies in Springfield on March 7, 2007, and 24,733 copies in Springfield on March 28, 2008. Supplemental Aff. of Walter H. Porr, Jr. at Exs. A, B (Feb. 3, 2009) (filed in the Larace case). On March 7, 2007, it sold an additional 11,985 copies in the immediately adjacent towns of West Springfield, Longmeadow and East Longmeadow. Id. On March 28, 2008, it sold an additional 14,720 copies in those same adjacent localities. Id.
8. The Globe sold 1600 copies in Springfield on October 24, 2006 and 1,400 copies in Springfield on October 23, 2007. Aff. of Walter H. Porr, Jr. at Exs. B, C (Feb. 2, 2009) (filed in the Larace case). It sold an additional 896 copies on October 24, 2006 and an additional 674 copies on October 23, 2007 in the immediately adjacent towns of West Springfield, Longmeadow and East Longmeadow. Id.
9. According to the U.S. Census data submitted by the plaintiffs, there were approximately 57,000 households in Springfield during this time period. Id. at Ex. D.
10. This is also true of the Springfield Republican and, as shown by their comparative circulation data, even more so in the Pioneer Valley area. Supplemental Aff. of Walter H. Porr, Jr. at Exs. A, B.
11. The record did not indicate, and counsel did not know, if the notices at issue in these cases appeared statewide or only in more localized editions of the Globe. For purposes of this Memorandum and Order, I make the conservative assumption that they appeared only in an edition circulated in Springfield and the neighboring Pioneer Valley area.
12. This ruling is not intended, and should not be construed, as a finding that the Globe meets the statutory test in Springfield for any times other than those at issue in these cases. The drop-off in the Globe’s circulation in Springfield between October 24, 2006 and October 23, 2007 (1,600 to 1,400 copies — a 12.5% reduction in a single year from an already small figure) suggests that foreclosure notices published subsequent to October 2007 may need to be assessed on a case-by-case basis.
13. It is also for the benefit of junior creditors, whose chances for recovery may be diminished or eliminated by the foreclosure if there is are insufficient proceeds from the foreclosure to cover all liens. See G.L. c. 183, § 27 (disposition of proceeds of foreclosure sale); Wiggin v. Heywood, 118 Mass. 514, 516 (1875); Pioneer Credit Corp. v. Bloomberg, 323 F. 2nd 992, 993-94 (1st Cir. 1963) (foreclosure of senior encumbrance discharges junior liens whose holders are made parties to the proceeding).
14. In Ibanez, for example, the mortgage was originally granted to Rose Mortgage, Inc., then assigned to Option One Mortgage Corporation, then assigned to American Home Mortgage Servicing, Inc., and then assigned to the Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2006-Z, of which U.S. Bank is currently the trustee. Ibanez Complaint at 2, ¶ 3. Larace and Rosario have similar histories.
15. See, e.g., LaSalle Bank National Association, as trustee for Merrill Lynch First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-1 v. Truong, Land Court Misc. Case No. 390707 (KCL) (assignment made, servicemembers action brought and judgment entered, G.L. c. 244, § 14 notices published, foreclosure conducted, and foreclosure deeds issued in incorrect name).
16. The foreclosure auction in Ibanez took place on July 5, 2007. Ibanez Complaint at 3, ¶ 8. The mortgage was not assigned to U.S. Bank until September 2, 2008. Id. at 2, ¶ 3. The foreclosure auction in Larace took place on July 5, 2007. Larace Complaint at 3, ¶ 8. The mortgage was not assigned to Wells Fargo until May 7, 2008. Id. at 2, ¶ 3.
17. There may be an innocent explanation for the delay (i.e., a rational business reason for waiting months to document the assignment), but none was offered or apparent in the record. Moreover, such an explanation is unlikely given the many months of delay, the deteriorating real estate market, the properties’ carrying costs (upkeep, security, and real estate taxes) and the bank’s desire for cash. Surely, each of these was a powerful incentive to move as quickly as possible.
18. Roche invalidated a mortgage foreclosure sale because the notice, inter alia, failed to name the holder of the mortgage at the time of the foreclosure sale (defendant George B. Farnsworth). 106 Mass. 509, 513 (1871). This omission and the other failings in the notice were “inconsistent with the degree of clearness that ought to exist in such an advertisement.” Id.
19. One can become the “holder of the mortgage” (an interest in land) only by a writing satisfying the statute of frauds, G.L. c. 259, § 1, in recordable form. Thus, the plaintiffs’ contention at oral argument that G.L. c. 244, § 14′s requirement of “holder” status was satisfied by the assignment of the promissory notes secured by the mortgages to the securitized pools (apparently done by contract documents referencing them generally, along with hundreds or thousands of other such notes) fails. In any event, no such documents were included in the record, so any arguments based upon them are unsupported and waived. Moreover, there is nothing in the record to indicate when the promissory notes were assigned and the record is unambiguously clear that the mortgages were assigned on the dates referenced herein.
20. Plaintiffs cite 146 Dundas Corp. v. Chemical Bank, 400 Mass. 588, 593 (1987), for the proposition that the precise form of notice contained in G.L. c. 244, § 14 is not mandatory. True enough. But the inclusion of that form in G.L. c. 244, § 14 reflects the Legislature’s intent regarding the contents of the notice, the suggested notice contains two places for “the present holder” of the mortgage to be identified (including a blank line to “give reference” if the mortgage is held by assignment), and there is nothing in 146 Dundas Corp. that holds (or even suggests) that such an identification can be omitted from an alternate form of notice.
21. These cases are perfect examples. None of the defendants ever came to court or filed a responsive pleading even though they had meritorious defenses. There is no suggestion that the mortgagors “waited until the owner may have added largely to the estate, or it has increased in value by a general rise, before bringing [a claim for redemption].” Montague v. Dawes, 12 Allen (94 Mass.) 397, 400 (1866).
22. Real Estate Settlement Procedures Act (RESPA), 12 U.S.C. § 2601, et seq.
23. The foreclosure in Montague took place under St. 1857, c. 229, which allowed sales to take place with “such notices . . . as are authorized or required by such power [of sale in the mortgage deed],” so long as a copy of that notice and an affidavit by the mortgagee “set[ting] forth his acts in the premises fully and particularly” were filed in the registry of deeds within thirty days after the sale. The statutory requirement for published notice was not enacted until 1877, which provided the following:
No sale under and by virtue of a power of sale contained in any mortgage of real estate shall be valid and effectual to foreclose said mortgage, unless previous to such sale notice of the same shall have been published once a week, the first publication to be not less than twenty-one days before the date of sale, for three successive weeks, in some newspaper, if there be any, published in the city or town wherein the mortgaged premises are situated; but nothing herein shall avoid the necessity of also giving notice of such sale in accordance with the terms of the mortgage.
St. 1877, c. 215. It would not be surprising if it came about, in part, as a result of the practices exemplified in the fact pattern and condemned by the court in Montague v. Davis. 14 Allen (96 Mass.) 369, 374 (1867) (“Here the notice proved ineffectual to attract purchasers, as might reasonably have been anticipated from the meagre information it contained, its irresponsible character, and the place of sale selected, remote from the premises to be sold.”).
24. Although not statutorily required at the time, the power of sale in Montague apparently contained a publication requirement of some form or fashion. See Montague, 12 Allen (94 Mass.) at 400 (referring to “public notice by advertisement of the time and place of sale”). The form and type of notice, however, was apparently never placed in issue since the defendant “aver[red] that the notices and affidavit required by statute were duly made and recorded” and the plaintiff “nowhere charg[ed] that the sale was wrongfully made . . . [or] that there was any irregularity in the proceedings.” Id. at 399.
25. Samuel Rice, the original mortgagee, assigned the note and mortgage to Henry Dawes on June 19, 1862. Mr. Dawes conducted the foreclosure sale on August 11, 1862, after he was assigned the mortgage, and conveyed the property to John Dunbar, who purchased it at Dawes’ request. Dunbar then conveyed it to Dawes on August 20, 1862. Dawes later conveyed it to a Mr. Hassam, who conveyed it Lydia Hawes. The case involved the mortgagor’s (George Montague) attempt to redeem the property, which the court denied.
26. REBA is the Real Estate Bar Association for Massachusetts, a private organization.
Posted today on The Home Equity Theft Reporter:
Thursday, May 28, 2009
Court Says Foreclosure Sales Were Invalid As Banks Didn’t Acquire Interest In Delinquent Loans Until After Legal Action Was Completed
In a recent ruling by the Massachusetts Land Court, two foreclosure sales were held to be invalid because, at the time of the publication of the notices of foreclosure sale, neither foreclosing lender owned an interest in the mortgage (either recorded or unrecorded) each was attempting to foreclose.
The facts of the cases in a nutshell are as follows:
• Wells Fargo and U.S. Bank each foreclosed on mortgages it purportedly held and acquired title to the homes securing said loans at foreclosure sales.
• When each lender attempted to unload the homes onto a subsequent purchaser, they were unable to obtain title insurance policies on the homes until a couple of legal issues affecting the property were resolved in the lenders’ favor.(1) One of the issues was whether the lenders were the holders of their respective mortgages at the time the notices of foreclosure sale were published.
• The lenders then each commenced legal actions to “remove a cloud from the title” to the homes.
• The court found that the applicable law for this case is found in G.L. c. 244, § 14, Bottomly v. Kabachnick, 13 Mass. App. Ct. 480, 484 (1982), and the cases cited therein, which among other things, requires that notice of a foreclosure sale identify “the holder of the mortgage,” (See Bottomly, at 483) and that failure to do so renders the “sale void as a matter of law.” (Id. at 484.)
• According to the court, the evidence showed that, while Wells Fargo and U.S. Bank were each identified in the published notice of foreclosure sale as “the holder of the mortgage,” each acquired its interest in their respective mortgages after the foreclosure sale (in Wells Fargo’s case, it acquired its mortgage by assignment ten months after the sale, with the assignment declaring an effective date prior to foreclosure; in U.S. Bank’s case, it acquired its interest in the mortgage by assignment nearly fourteen months after the auction took place). Additionally, the court’s ruling pointed out that there also was nothing to indicate that each was acting (or purporting to act) as someone else’s agent, much less the agent of the principal.
• Because they were incorrectly identified as the mortgage holders in the notice of foreclosure sale when, in fact, each did not acquire its interest until after the foreclosure sale, the court found a lack of compliance with G.L. c. 244, § 14, and therefore, ruled that the foreclosure sales were invalid.(2)(3)
Go here for the consolidated court ruling (U.S. Bank v. Ibanez; LaSalle Bank v. Rosario; and Wells Fargo v. Larace).
Thanks to Glenn Russell, of the Law Office of Glenn F. Russell, Jr., Fall River, Massachusetts for the heads up on this case, and for providing a copy of the court ruling.
(1) For the kinds of title problems one can encounter in buying real estate in a transaction, see:
• Buyers Cautioned To Address Title Issues When Buying Foreclosed Homes, and
• Title Insurance: What Risks Does It Protect A Property Owner Against?
(2) In a third case, the court found in favor of a foreclosing lender, ruling that possession of an unrecorded assignment of mortgage at the time of the publication of the notice of sale was sufficient to establish its status as a holder of the mortgage. Failure to record the assignment of mortgage was not fatal to its position as holder.
(3) In the following excerpt from the court ruling, the trial judge makes an observation that may be of some interest to those in the title insurance industry who are asked to insure the potentially crappy titles to foreclosed homes that may contain title defects as a result of errors made by assembly-line, foreclosure mill lawyers bringing lawsuits on behalf of lenders who lack standing to foreclose. Real estate purchasers buying foreclosed homes, either at a foreclosure auction, or from the bank directly after it acquires title to the foreclosed home, may also have some interest in the following (footnotes omitted):
• As even a cursory glance at the current caseload of this court reveals, titles arising from mortgage foreclosures can have many problems. These include the most fundamental: Did the party conducting the foreclosure have the authority to do so and, if challenged, can it prove that it had such authority? In short, will a purchaser at the foreclosure sale get good title and will get it in prompt fashion? These are increasingly important questions in the current deteriorating real estate market and are not small concerns. It is increasingly rare for a mortgage to remain with its originating lender. Often, as here, mortgages are assigned to other entities, and then assigned yet again into large securitized pools. Often, as here, the paperwork lags far behind. Sometimes mistakes are made. Mistakes can
• only be corrected, if at all, through confirmatory documents (which the borrower may not so easily agree to) or litigation. With so many foreclosed properties available for purchase, why bid on a property with even the possibility for such trouble? Why bid on a property when the foreclosing party cannot produce all the documents (including proper mortgage assignments in recordable form) that would give good title? Why take the risk that the foreclosing party will be able to produce the documents promptly after the auction takes place, that those documents will be complete and in proper form, or even (in this era of failed and failing institutions) that the foreclosing party will still be in existence, with intact files and knowledgeable employees able to find those files so that the proper paperwork can be completed? Since these concerns affect the ability to obtain clear, marketable title, why bid a reasonable market value instead of a discount price to account for that risk?
• None of this is the fault of the mortgagor, yet the mortgagor suffers due to fewer (or no) bids in competition with the foreclosing institution. Only the foreclosing party is advantaged by the clouded title at the time of auction. It can bid a lower price, hold the property in inventory, and put together the proper documents at any time it chooses. And who can say that problems won’t be encountered during this process? It is interesting that it took the plaintiff (the foreclosing party and successful bidder) almost fourteen months after the auction to obtain its assignment in Ibanez and ten months after the auction in Larace. Would any reasonable third-party bidder have been willing to wait that long, trusting that no other issues would arise? Only in Rosario was the assignment (showing that the foreclosing party held the mortgage and could convey title as a result of the sale) in hand and ready for recording at the time of the auction sale.
Excellent link.
I’m going to add that to my “Hackett & Kop’s Greatest Hits” for CA non-judicial foreclosures folder.
Why the “Lost Note” defense is a red herring;
Proof positive that in deed of trust states bankruptcy is the best venue to “Freeze in Time” the inability of putative lenders cure ” lack of possession of the note” and “failure to perfect a sale” of the trust deed.
http://www.mortgagelawnetwork.com/the-plaintiff-found-the-note-now-what/
Steven K. Kop
Attorney at Law
It never ceases to amaze me what these “servicers” do. Been complying with all the paperwork they’ve requested with fax confirmations, yet when called they say they never received it. When they are called out on it with the fax confirmations, they suddenly have the paperwork.
QWR? they still haven’t answered. I guess RESPA doesn’t matter.
CA Civil Code 2923.5 expressly requiring a “lender” try to negotiate modified terms with a homeowner BEFORE concluding a non-judicial foreclosure sale? The “gal” had no idea what the heck that was. Maybe that’s because this servicer is in Texas and I’m in CA.
It’s interesting to see my original loan docs. I’m no lawyer or mortgage audit, but there are quite a few shady things going on. The saga continues…
JD –
You lost the home to combinations, third party collaborators, nominee’s, trustees and vendors including the Master Servicer. . .I was not myself so . . .
Focus on your home for now!
1. Be crafty. . . . If the Less than 30 days, motion to set side …non judicial sale? Correct.
Are you licensed….lawyer?
Mouvant to prepare and show facts were not reasonably discoverable -subsequent to sale….or, try to seek a stay –
Call Susan Rabin ESQ (newest name in the know! ) She will review the file and further this discussion where I am about to cross the proverbial line . . . also Kop, Hackett, Garfield Terbeek, Gardas …I respect all these professionals and their opinion. Or ask around.
Hint: Settle the problem in the back room one on one with the CEO Yes CEO ONLY! He’s nervouse and wont want to rock the boat – Talk Turkey and talk straight about the reality of this fool as a menance to lending. He knows what is going on \ I’ll call him with you if you like….Write the State Attorney General or call a general attorney , call the Treasury Secretary Mr. Get …brother you have oprions here!
if the lender is a bail out Pig receving tax payer proceeds…the CEO will take your call …Hmmm TRUST ME !
Sorry bout the situation
. . . .but get Mad dam’n it!
MSoliman
Jurs Pro Witness
Admin@borrowerhotline.com
Only a licensed attorney in good standing with the State is qualified to give legal advice in California -Nothing herein is applicable or said or implied and intended to be construed or considered a legal opinion.
JD,
I am hopeful I am not one of those who did not respond to you. Unfortunately I’ve been all but literally buried the past two weeks. Please DO contact me and reference livinglies and your screen name so I know it is you. Please also advise as to the jurisdiction in which you are located. My group presently has 112 attorneys most of whom are in CA though we have representatives from at least half a dozen other states.
walter@hackettslaw.com
Walter Hackett, Attorney at Law
Thanks for stating the obvious there admin.
As the question was a general one (meaning there are those who know of my plight, such as Neil etc.) I was putting it out there to ask the possibilities.
JD
If censored whats the point – But JD, did you make any payments over the last 6 or 12 months? There is this thing called and obligation and judges tend to rule infavor of the holder in due course where payments are owed and the security assures the lender of recourse.
Its amazing – what did you expect – no payments no mo home. really! Your comments a little distorted . Wheres the breach, violations and tort.
admin@borrowerhotline.com
Anyone who has been foreclosed by any of the failed federal savings banks please contact me.
http://www.fdic.gov/bank/individual/failed/banklist.html
Steven K. Kop
Attorney at Law
bluejaylaw@gmail.com
So here is a legal question for all the gurus.
As my house has been lost and sold through this wonderful legal process… Is it still possible to file a QUIET TITLE suit once there is a new owner in the home? Meaning is it possible to have one last hoorah at catching the bastards in their lies? Would the case most likely go through the same judge (who sided with the corrupted bastards)? Surely there has got to be some way to get retribution.
Oh and thanks for the NON-REPLIES to those who requested I contact them.
NEIL!!!!!!!! HELP!!!!!!!
StevenKop
Game On?
I have lost many nights sleep thinking I have been scammed. Now I know as the day I signed my mortgage to purchase my home. The note was sold the same day. I only beleive Wells Fargo and the Builder located in Arizona collaborated against the buyers. They forced values up, sold the note and cashed out with a maximum amount. Now forclosures have hit streets and I find my home value is worth one half of what I paid in the yr 2004. I am $ 200,000 upside down. I need help ! If I modify my loan I find I may only lower the payment about $ 300 per month. But if I sue the bank I may be able to get a principle reduction. I must some how bring my mortgage back to the market value.
Can I sue on any RESPA and TILLA violations even if I can not find any myself ?
If I sue, What are the possibilites of the bank finding the note and producing it in court ?
Can I sue based upon collaboration between the bank and the bulider ?
I
Any ideas or direction will be appreciated. I have a 5-1 ARMS and must refi within one year.
Thank you for your assitance.
BSE.
At the Orlando Seminar the Motion to Abate on Countrywide was discussed, does anyone have a sample motion?
WHAT IS WRONG HERE – AFTER REVIEWING OVER 300 FILES IN THE LAST 12 MONTHS WE HAVE AN ISSUE WITH THE STATE AND ITS UN WILLINGNESS TO ENFORCE THE CODE:
2923.5. (a) (1) A mortgagee, trustee, beneficiary, or authorized agent may not file a notice of default pursuant to Section 2924 until 30 days after contact is made as required by paragraph (2) or 30days after satisfying the due diligence requirements as described insubdivision (g). (Rare)
2923.5. (a) (2) A mortgagee, beneficiary, or authorized agent shall contact the borrower in person or by telephone in order to assess the borrower’s financial situation and explore options for the borrower to avoid foreclosure. (Rare)
2923.5. (a) (2) During the initial contact, the mortgagee,beneficiary, or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and, if requested,the mortgagee, beneficiary, or authorized agent shall schedule the meeting to occur within 14 days. (NEVER)
2923.5. (a) (2) The assessment of the borrower’s
financial situation and discussion of options may occur during the first contact, or at the subsequent meeting scheduled for that purpose.(NEVER)
2923.5. (b) A notice of default filed pursuant to Section 2924 shall include a declaration from the mortgagee, beneficiary, or authorized agent that it has contacted the borrower, tried with due diligence to contact the borrower as required by this section, or the borrower has surrendered the property to the mortgagee, trustee, beneficiary,or authorized agent. (NEVER)
2923.5. (c) If a mortgagee, trustee, beneficiary, or authorized agent had already filed the notice of default prior to the enactment of this section and did not subsequently file a notice of rescission, then the mortgagee, trustee, beneficiary, or authorized agent shall, aspart of the notice of sale filed pursuant to Section 2924f, include a declaration that either:
2923.5. (c) States that the borrower was contacted to assess the borrower’s financial situation and to explore options for the borrower to avoid foreclosure.
2923.5 Lists the efforts made, if any, to contact the borrower in the event no contact was made.
2923.5 (d) A mortgagee’s, beneficiary’s, or authorized agent’s loss mitigation personnel may participate by telephone during any contact required by this section.
2923.5 (e) For purposes of this section, a “borrower” shall include a mortgagor or trustor.
2923.5 (g) That contact made at the direction of the borrower shall satisfy the contact requirements of paragraph (2) of subdivision.
3 (a). Any loan modification or workout plan offered at the meeting by the mortgagee, beneficiary, or unauthorized agent is subject to approval by the borrower. (NEVER)
Something has to give here. We need to unite California as the amended code is being treated by Lenders as a “Sham”.
admin@borrowerhotline.com
The information below is from a Countrywide REMIC Propsectus. What is it the PPM author trying to tell the investors about a negative event that is actually a benefit to the lender and investors?
Just amazing to me! (i) (ii) Weak disclosure designed to confuse the real potetnial for what led up to the current scene. See below:
“Mortgage Loan Modifications May Affect
Distributions On The Certificates Modifications of mortgage loans by the master servicer . . . in an attempt to maximize the ultimate proceeds of such mortgage loans .
The ability to modify mortgage loans by the master servicer may be limited by several factors”.
1. The master servicer may have difficulty contacting the borrowers who are at risk or may not be able to work out an acceptable modification.
2. In addition, if the master servicer has to consider a large number of modifications, operational constraints may affect the ability of the master servicer to adequately address all of the needs of the borrowers.
Investors should note that modifications that are designed to maximize collections to the issuing entity in the aggregate may adversely affect a particular class of certificates. . . .
No kidding Junior
Steven Kop,
Are you willing to take on Wells Fraudgo in FL.
Case involves appraisal fraud, illegal flipping , realtor / seller / title co. colusion ,etc ? We are in process of foreclosure now, awaiting forensic mortgage audit to be started. What do you say ? We need someone who wants to stay in the fight .
TCS
stythomas@yahoo.com
lsty@yahoo.com
Neil, I need three mortgage borrowers – bold, fearless borrowers – of
a) Lincoln Savings Banks of Omaha
b) Commercial National Bank (Omaha, NE)
Game On.
Nicole,
We have an attorney that serves Flagler County, as well as many of other Florida Counties – our fees are
reasonable and WE KNOW FORECLOSURE DEFENSE.
floridadefenseteam@comcast.net
or (772) 403-3897
PLEASE HELP!
I am in need of a attorney that REALLY “GETS IT” ! I have a group of people (approx 12-14) that I have been corresponding with who would like to start a class action suit against our mortgage company. I do NOT want to agree to this sub-prime lenders terms! I have done that & my situation has worsened. To make a long story shorter…I went into foreclosure last year mainly due to a forced placed ins., fought them, got it stopped, they offered a modification which turned out to be forebearance. It was an awful deal but I took the deal for 6 months to buy time, they now want to modify but their terms are unclear. I sent in a detailed “QWR” & haven’t recvd a response yet. It appears that they can’t even “produce the note”. After I sent the “QWR” they sent a letter denying the modification. I believe they have added excessive fees, unexplaned corporate advances, padded escrow, etc. & I am trying to have a forensic audit done. The group of people that I am talking with have similiar problems with this company. I have written FTC, HUD, Fannie Mae (FM returned my letter by the way)…..I need someone who has the balls to take on this case & not tell me to agree to their terms. I have tons of documents that don’t add up & am sure they have commited REPSA & TILA violations to my whole group. Someone needs to stand up to them. I have researched this company to find hundreds of similiar complaints yet no one seems to want to do anything about this kind of activity. I beleive that they are targeting & taking advantage of, the poor, uneducated, misunformed, elderly, minorities, single women/mothers, etc. I spoke with a retired attorney recently & he stated that it has the potential to be a HUGE case but I would need to find the right law group to represent. If you have any info, any advice, or have also been wronged by HomEq please email me at goldeeloxxz@yahoo.com
Thanks in advance for any help,
Amy
I am in Florida but the entire group is from all over the country. I want to help them as well as myself.
I need an Lawyer around Flagler County FL. I am desperate! This is way over my head, lost note, incorrect legal description of property, mortgage fraud, pedatory lending, you name it. I really think I have a lot of balls in my court but everyone here is either in cahoots or doesn’t seem to know much. I can’t even get a referal to someone who does. Help me please!
well now my primary is going down. I just received a letter from a law firm stating thar JP Morgan Chase is the New assingee for my wamu assgine, they are trying to forclose on a loan modifacation that I told wamu I was not taking, and I have letters stating that they were not going to do it because I did not get the paper work back in time. This was the Modifacation that they wanted another person at the closing table in past tense and a new note to be signed with a wittness. So,they also said that I need to write to them that the debt is not valid within 30 days, and that they may continue to forclse anyway. What do I do now, the loan mod was for a wamu bank asset. the original lender is gone.
I need an attorney for Los Angeles, California foreclosure lawsuit, I went pro-per now I need help
Please call 323-974-9345
FOR VALID EXTENDED RESCISSION CLAIMS: TENDER PROPERTY IN EXCHANGE FOR MONEY & ORIGINAL NOTE WHAT COULD THEY DO THEN ESPECIALLY IF THEY “LOST” THE ORIGINAL NOTE? THE LAW SAYS IF THEY DO NOT TAKE THE PROPERTY WITHIN 20 DAYS OWNERSHIP VESTS WITH THE BORROWER WITHOUT OBLIGATION.
2 BIRDS 1 STONE
Philip,
The answer depends on a number of things. First, you can’t truly act as his attorney. If you were deemed Guardian or Custodian of your father’s person and estate then, in theory, you could represent him Pro Se. If that is not an option then he could represent himself Pro Se. I do have about half a dozen attorneys in my group that are based in the OC. Feel free to email me with the city in which you live and I can find out who would be interested and able to help you then forward their contact info to you. walter@hackettslaw.com
Walter Hackett, Attorney at Law
Okay my lawyer wants to back out of my federal case, can I have my father (homeowner) grant me as attorney in fact even though I’m not an attorney?
I’m Located in Orange County CA
Florida Residents in Foreclosure – If you cant find an attorney who knows the ins and outs of foreclosure defense – or – worse – takes your case and your money but probably won’t challenge the status quo of the courts – take charge yourself! A pro se litigant is forced to learn everything about the specifics of their case and the law and they can be more knowledgeable than an attorney if they are willing to spend the time to learn. This site is a great reference point for your arsenal. Examine the Banks Complaint, Pick it apart by using Google to find statutes, case Law, motions – use Key Words, open a new tab and Google again after finding more key words – you’ll see alot of appelate court rulings – read how they interpet the laws. Examine the assigments, the signatures. Go to your courthouse and sit in the court room where a foreclosure hearing is being held – listen to the judges demeanor towards the homeowner vs. the bank. You can do this.
On the property with the title issues, I have a land court notice to answer by 5/18. If I wrote the letter to GMAC calling for the loan, should I still answer the complaint in land court as well, and how do I do this?
On my other property,I hava a total of 4. I am looking for an atty to do the leg work on the fraudulent signatures. I have an owners policy as well as a lenders policy on that property. the owners policy does not cover a 66k back end but the lenders does. This second is also funky, I read the hud and the motgage and it was written as some sort of home improvement loan for 66k, I never got a home improvment loan and I paid about the same amt as a down payment for the house,,,,,ummmm, I think I was dupped. Sounds like a case for the atty general. Can I do the leg work to use the title policy on my own or do I really need an atty?
well still plugging along, I sent out a certified letter again yesterday on the properties with the title issues and asked them to release the liens, exponge the bugus complaints and close the files with their law firm, I asked for all my payments back( that they could never prove in the qwr) less any taxes and insurance paid in my behalf, and all this to happen in the next 20 days.The title is unmarketable in it’s present state and I would need to sign off on the other “missing” deed for them to forclose now, what are the chances of that? Here you can have my house, have a nice day? I should have also asked for a satisfation of mortgage. any suggestions?
Article 3-106:
(a) Except as provided in this section, for the purposes of Section 3-104(a), a promise or order is unconditional unless it states (i) an express condition to payment, (ii) that the promise or order is subject to or governed by another record, or (iii) that rights or obligations with respect to the promise or order are stated in another record. A reference to another record does not of itself make the promise or order conditional.
Are my deed of trust and note no longer the same “contract?” They have been sold, traded, collectivised, pooled, (securitized) So in that process I assume new agreements have been made by new and different parties unilaterally. New contracts and agreements, and new governing documents, in relation to the aforementioned alleged note and trust deed. I don’t think anyone signed up for this?
Adam:
Trusts are either Rule 144 (Exempt from Registration) or required to register.
Registration entails filling a prospectus and other offering materials, that’s it.
To discover the details of your Trust today would require an audit of the mortgage backed security trust.
MJ
I just wish there were more (pitbull) attys around advocating for the distressed homeowners as a class, as a nation, instead of the burden still being on distressed homeowners to fight, case by case, these corrupt, mammoth systems and institutions. It’s impossible to do it case by case. Just impossible. Ok – here’s my rant. We need a present day Ferdinand Pecora, Esq. (a prosecutorial pitbull who took Wall St. / banker fraudsters down after they helped to crash the stock market creating the Great Depression) and a real champion of the people (I don’t think they produce them anymore in law schools ). IMO law used to be a honorable profession. Instead, it’s been reduced to legal charades and tools for those in power. A huge percentage of the gov’t is made up of lawyers . Most politicians are also lawyers. So, the field has been reduced to being the cause of many of the problems average Americans find themselves in . I just wish the profession would get its act together and attract and produce more lawyers of character, strength and morals who will step up to the plate for average citizens (class action) to get REAL results at times in history such as today (instead of phony political posturing) vs. the usual narcissistic, greed driven types who help to destroy the country along with the bankers, Wall St. and the gov’t. Where are they ? Please, folks no comments about how they are all dogs. We’ve heard it all before. I’m just venting .
Whoops!
Attension Please Kind of Important I May Very Well Have Another Key Ingredient to effective approach especially in the area of “Lost or No Note” strategy , I’d Be Able to test out its theory but I just need a Little bit of help from a Licensed Attorney, Just Directing Me & Drafting an Amennded complaint for a Rescission “Claim” or motion for Discovery I Think I May Have Found A for Sure Way to make most of the “Where’s The Note” cases work. I’m willing to pay but I can’t provide a fortune seen as I have to substitute out my last attorney(who ate all my $$) and go it alone. Well offer’s on the Table
pippy52@verizon.net
Attension Please Kind of Important I May Very Well Have Another Key Ingredient to effective approach especially in the area of “Lost or No Note” strategy , I’d Be Able to test out its theory but I just need a Little bit of help from a Licensed Attorney, Just Directing Me & Drafting an Amennded complaint for a Rescission “Claim” or motion for Discovery I Think I May Have Found A for Sure Way to make most of the “Where’s The Note” cases work. I’m willing to pay but I can’t provide a fortune seen as I have to substitute out my last attorney(who ate all my $$) and go it alone. Well offer’s on the Table
pippy52@verizon.net
California sure could use some proven strategies that work in the field. There have been some wins, but this state seems to be way behind.
I was served with a foreclosure complaint. It lists a Trustee on behalf of a mortgage loan trust as the plaintiff.
I went to the SEC website to do some research, because my mortgage was not with the trustee or the trust (there was no assignment attached to the foreclosure complaint).
In filings with the SEC The trust states they are incorporated in Delaware. I searched the corporations website and could not find the trust’s registration. I called the Delaware corporations department and they did a search and said the trust/corporation is not registered in Deleware.
I also searched other states where I thought they may have been registered and came up with nothing.
Is it possible that the lawsuit is invalid, because the trust does not legally exist?
Also they have filed nothing with the SEC since 2006.
It “hides in plain sight.”
I am here to reaffirm.
Experts can have great value. I’m helping some former co-workers and employees put together an organization I’m forming for them – Lending Litigation Support Services, LLC. The parties will include, among others, David Springer an imaging and data management guru who oversaw the implementation of New Century’s “scan and shred” program intended to make marketing loans easier. The purpose of the program was, among other things, to save shipping costs which it did to the tune of about 400K per month. Of course it also meant there are NO original notes. I’m also bringing in, among others, a forensic appraiser, long time loan operations manager (origination, documentation and servicing) and credit analyst/underwriter with 40 years of such experience. I’m hopeful this organization will free me up to spend more time suing lenders. I will receive NO compensation from them for any referrals. Several of the participants could easily qualify as experts in their areas of expertise. Once assembled this organization should be a one-stop shop for ANY attorney who wants to start representing consumers facing unlawful foreclosures in CA and, in time, anywhere. It will give you, instantly, over 200 years of “loan” experience in every facet of the lending process.
Walter Hackett, Attorney at Law.
Re: Mark Terbeek / Attorney at Law:
An expert is an authority who does not give legal advice but may consult the matter under the attorneys authority on counsel. If required thetestimoney is submit to the court as relevant theory, scientific testimony, opine in accordance with acedemic understadning, evaluate evidence, compile data for counsel to submit and provide relevant information in support or contra to the arguments made in any matter.
Regarding Rule 702 and Daubert v. Merrell Dow Pharmaceuticals Inc., 509 U.S. 579, 589, The courts ruling set a precedent placing an obligation on federal judges to determine that scientific testimony is relevant and reliable.
The four criterion utilized are testability,
1) peer review of theory or technique,
2) potential error rate,
3) industry standards and
4) general acceptability in the industry.
In the case of Kumho Tire Co. v. Carmichael (97-1709) 526 U.S. 137 (1999) 131 F.3d 1433, reversed, the Eleventh Circuit court held that the District Court erred in that Daubert was limited to a scientific context and did not apply to the expert testimony in this case, which it characterized as skill- or experience-based.
The attorneys are free to use more than one witness specific to the request and registration with an approved service is recomended to avoid conflicts with limitations on services rendered.
msoliman
admin@borrowerhotline,com
I have an important question I would appreciate answered by ANY blogger or attorney.
When I research the securitized trust that our mortgage was assigned to with the SEC, I find that their last filing dated 01/2006 bears the heading “CERTIFICATION AND NOTICE OF TERMINATION OF REGISTRATION UNDER (12)G OF THE SECURITIES EXCHANGE ACT OF 1934 …”
Please educate me as to the relavence or purpose of this filing … Was this trust dissolved in 01/2006 and is no longer an existing viable entity???
If that is the case, who then is the holder in due course with no further recorded assignments? The Servicer?
If the Trust has ceased doing business, what other forms or information should I be looking for to confirm it’s current status?
Mark Terbeek
Attorney at Law
510-919-8623
To Date: Multiple cases won for NLS and Counsel for clients at the UD level including rare judgements in a UD in favor for the defendant. Biggest hit was a recent $1 million case we prevailed in a difficult court jurisdiction against Duetsche Bank.
Demeanor: Easy going and intensive questioning leading to a bull dog change in personality at time of entering the courtroom.
Questions: Very overoworked but hard working.
msoliman
admin@borrowerhotline.com
in reguards to loan mods, if you are given a mod that you truly can afford and the terms are good and you are wwilling to sign off that you can NEVER sue anyone, that is ok. My WAMU loan mod was asking a second person to sign the note and a witness signature putting him in past tense at the closing table( were he never was). And they also wanted a statment saying that he contributed 100% of his income to my debit, watch what you sign, read it 100 times and get a civil law or consumer law atty to help you not a real estate atty. learning the hard way
qrw, debit validation letter,forenic audit, got it. how about that quite title thing ? I also found a very interesting piece of somthing while in the regisrty of deeds. my primary homes deed was rerecorded 7 months after the predtitory loan was recorded and is now on a different book and page, I also redid a homestead around the same date, if I move this deed into a nothers name is this a good block, or do they even have it now?
Important ORDER in the Supreme Court of South Carolina stopping all foreclosures pending in the state.
http://www.judicial.state.sc.us/courtOrders/displayOrder.cfm?orderNo=2009-05-04-01
Mr. Soliman:
You said…
“That will lead to substantiating the failure of the Trust and vulnerability for calling the Trust to be in default.”
If a mortgage backed security trust has has defaulted what happens to all the loans that make up the trust?
What benefit does a borrower receive because their MBS trust has defaulted?
Thank you for you reply, I too am trying to make sense of all this.
MJ
Thank you for all your support.
Kop is taking a huge chance and he must (does) know something. Stay tuned.
The recent alignment with other legal professionals is a breakthrough. In a similar effort we are aligned with expert counsel that includes a memeber of a past presidential adminsitration defense team.
I will take credit for submiting the obvious short fall for the Pass-through Trust where it is operating using one specific and verifiable deceptive practice that will in fact show a complete disregard for the SEC and 10K reporting disclosure requriements.
I never said to attack the Trust structure MERS included . . . .its the deceptive practices under an SEC registration that will show certificate holders were receiving earnings manipulated by one or more of the SPV’s. That will lead to substatntiating the failure of the Trust and vulnerability for calling the Trust to be in default.
Next, we just received an offer from opposing Counsel representing HSBC to settle a claim and withdraw the lawsuit our borrower filed with counsel under a LSAA. (pro per). Here, another borrower is given a concession in lieu of litigation . . . .another major lender will issue loan documents cut the principal by over $500,000 today under TARP and stipulate “borrower will never leave their home”.
In the meantime an investigation into the breakin to our offices and recent disrutpion and effort to enjoin certain web sites in creating an atmosphere of unfair comptetion intended soley to discredit us is underway.
If and friend Garfield allows this to get posted I will be surprised.
Good luck to all!
MSoliman
Hi, All
In need of an Attorney in Rhode Island that gets it. Please any help would be greatly appreciated.
I have just dropped the FBOMB in San Jose, CA. Operative key word to be spoken in Bankruptcy Court, of course a Federal Court of which I am an officer, is ~~~
PERJURY BY THE LENDER.
I predict that there will not only be no evidentiary hearing, but I will not need to file ANY BRIEFS AND SUPPORTING EVIDENCE.
Thank you Maher Soliman for permitting me to be Spearpoint for your shaft. (I have a girlfriend by the way, Maher)
The Launch Codes Have Been Initiated. Google
Minute Man III Test Launch, sit back, and enjoy.
Death From Above.
Peace Out.
Steven K. Kop
Attorney at Law
bluejaylaw@gmail.com
Steven,
That is excellent news. If he has the credentials you mention then it is very likely I will have met him or know him personally.
On the front lines we received some WONDERFUL news today. A demurrer to my first amended complaint in a case I filed last JULY was OVERRULED and the defendant, Greenpoint Mortgage, has been ordered to file its Answer within 15 days. This is the first such case in which we’ve FINALLY overcome the paper mills’ insistence on burying us with paper.
Walter Hackett, Attorney at Law
I am please to announce a coming attraction. I am engaged in negotiations to enlist the consulting services (he is not a litigator) of one of the country’s finest banking attorneys. He has served as General Counsel for one of Los Angeles’ premiere regional banks. His former partnership was IMHO first among equals in the banking industry. He is dual licensed, and a mortgage broker/banker (mostly commercial).
He is a gentleman, scholar, and importantly, a businessman who knows you start with the endgame and reverse engineer everything from that.
He will provide my firm regulatory compliance analysis, strategic case analysis and litigation and trial, and where required, appellate case management. That is one of the critical tasks of GC.
When concluded, I will make his CV available upon request.
I am contemplating constructing (of course I have it) Trailmap Out Of The Dark Lands and making it available for a modest (in view of my skillsets and time investment) fee.
I am, IMHO, smarter than the average bear.
peace out, and happy hunting.
Steven K. Kop
Attorney at Law
and Mortgage Destructor
bluejaylaw@gmail.com
M Soliman… how can I find A Kulack or M Terbeek!? Thank you,
Gina
San Jose, CA
Bart: excellent work!! Now go after them with forensic review, QWR (Qualified Written Request) and DVL (Debt Validation Letter).
Jose Hernandez: See a lawyer who knows what he is doing in your jurisdiction. If things have not progressed too far you can probably back out and go after them.
Jose:
I assume that you can afford that loan mod? So right now, you can stay in your home & I hope that gives you piece of mind.
Would you really want to back out and be in foreclosure? Maybe it’s different for you because you’re in a judicial state. The wolves have got the $$$ to hire the best lawyers from the best schools. As former NFL coach Bill Parcells told a young rookie, “Their coming in this league”.
You just never really know what that judge is going to do. Will you get a knowledgeable and honest judge?
Litigation is not cheap and a lawyer who works out at my gym gave me his opinion that the legal system is for people with money and designed to make lawyers wealthy.
Congrats on keeping your home. In any event, your mileage may vary; objects may be closer than they appear; close cover before striking.
If you go the lawyer route, get local counsel who has a killer instinct.
I just accepted a loan modification from Countrywide. They gave me an interest only rate for 3 years and place the missed payments on top of loan. My first payment is due for June 01, 2009. After reading here, I ma having seconds thoughts about accepting mod. Can I back out and go after them for preditory lending. Please advise. thanks again
well I had a forclosure sale yesterday at 3pm, early in the am I armed myself with the plot plan, the ORIGINAL title policy to to agent not the new version that Harmon Law firm has, and evidence that the sercurity instument is a maily vacant lot that has a very small portion of a huse on it. This cancelled the sale….for now, but I know the beast will raise his head again and very soon, what next???? I still have one more investment there to protect and then there is my primary home that I will do anything to protect and have been but thur just about everything in the past month to do so. I called the atty for the lenders and he would not talk to me just stated thur his paralegal ” I will call very early next Monday” another sale post in thie Sunday paper?????
thank you steven.!!!
well said…i knew when we met you were “game on”
Maher Soliman is another point i believe you are spot on about.
imho he is a wealth of pertinent info .[only knowing this myself by reading his site&posts]
also thank you neil for all your effort here
Look for it, because I dont see it here and dont have time to find the links.
A bankruptcy attorney not only had numerous cases based upon the so-called “lost note defense” dismissed, but he was also sanctioned $40,000 for doing so. “the dog ate my promissory note” (c) defense is a chess game without an end game, as I have so many times noted here.
Unwarranted, unsupportable defenses resulting only in delay WILL get you sanctioned is the moral of this story.
Dispell the FOG OF WAR. Know your endgame.
Peace out.
Steven K. Kop
Attorney at Law
bluejaylaw@gmail.com
Neil – I am an independent attorney. I am independent in the sense I am a sole practioner. I am not in a firm of attorneys (partners), nor hired by attorneys (associates), Nor am I hired by any company, including NLS (Nationwide Loan Services).
Previously, I was a “business attorney” who did not have a “retail” practice. I did not advertise for, nor accepted representation of “consumer” cases in bankruptcy or consumer related litigation. I am a bankruptcy and trial attorney. Because of the exigency of the times, I now offer my (IMHO) unique (29 yrs of mortgage litigation, jury trial practice and bankruptcy) services for hire by consumer clients.
Recently, within the past two months, a client referred me to Maher Soliman as a potential expert witness. After speaking with Mr. Soliman, I knew within 5 minutes that he possessed extraordinary knowledge and experience not only in mortgage law, but the securitized mortgage industry unparalleled by any other “expert witness” I had previously encountered.
My client, and several others, has retained Maher to serve as an expert witness in their cases. I have no other relationship with Mr. Maher or NLS, other than that they have referred many potential and present clients to me.
Because very few clients can afford my or any other lawyers of my skill level ($600/hr, $400 discounted for consumers) on an hourly basis, I find that the ONLY cost effective approach to resolving foreclosure facing clients problems is BANKRUPTCY. For $50,000 to $150,000 I am quite willing to accept a case to fight in state or federal trial court. The clients that can afford these fees can afford injunction bonds, costs of appeals, deposition costs, etc.
Otherwise, it is foolhardy and, IMHO, malpractice for an attorney to lead clients unable to afford this freight into these lions dens, unless on a contingent fee basis, and also be prepared for a two year or longer war. I will not take trial court cases on a contingent fee basis, no matter how meritorious, for these reasons.
I will take partial contingent fee cases in what I call on my webblog “The Bankruptcy Express to Mortgage Freedom.” This process I anticipate with take approximately 4 to 6 months, perhaps longer, but I anticipate shorter in most cases. I offer the contingency because I KNOW THE LAW and am confident (thought I cant control all variables and offer no guarantee) in getting results.
A primary reason I did not previously engage in a consumer practice previously is the lack of sophistication, and honestly, ignorance of consumer clients. 29 years of practice without a single complaint to the State Bar of California is not coincidence.
The massive frauds perpetrated by Wall Street in the securitization of mortgages leaves borrowers facing enormously complex legal challenges. I have invested countless sleepless nights working with Maher, unpaid in essence, because the cash fees paid by his clients and mine do not even remotely cover our actual hours and costs unraveling that Gordian Knot, and dispelling the Fog of War created intentionally by the MERS and other deceitful device.
Two nights ago, we COMPLETED (99%) IMHO) the analysis. Finally. Article 9 Automatic Perfection (or lack thereof). Hypothecation. Intercreditor agreements. NOT A SALE. These are critical keys.
Maher is the only Industry “snitch” that I know who is willing to testify and TELL ALL. I am classmate and, at least for a period in our lives, best friend, to the former Chairman/CEO of BancAmerica Securities. My family members are or have been bond hedge fund managers. I will, if compelled to, subpena them. Tney will take the FIFTH AMENDMENT RIGHT NOT TO INCRIMINATE THEMSELVES. Only prosecutorial immunity will compel them to sing, and I am not confident that is forthcoming.
Consequently, there is ONLY Maher Soliman.
I am not here to interject myself into any NLS controversy.
However, I am here to observe, since I spend many many hours at Maher’s offices working with him for my clients, that many NLS – and other foreclosure victims – are so desperate that they resort to horrifically desperate and irrational measures. I will attest to these unpriviledged matters under oath.
Wall Street counts on this. To turn each one against the other. To create FOG OF WAR, confusion, chaos, paranoia, and CANNABALISM.
“Death Before Dishonor” is not only a Marine Corp motto.
Respectfully
Steven K. Kop
Attorney at Law
bluejaylaw@gmail.com
Messr. Soliman,
In response to your comment “The note argument is nothing to invest in from a class action perspective,” I COMPLETELY agree. However most of my clients are trying to save their homes and we have found NO cases in which a class action was ultimately successful in accomplishing this. We ARE planning to file a quasi-class 17200 action against MERS that MAY effectively eviscerate EVERY non-judicial foreclosure involving MERS in the state of California but that war will be ultimately won at the Appellate Level. Beyond that the distinction between “show me the note” and “who’s the beneficiary” is one that California law has made since 1855 ergo is NOT a matter of semantics.
With all due respect,
Walter Hackett, Attorney at Law.
Hi Bart,
I would be happy to review your mortgage documents. I am working now with 4 cases in MA.
Contact me at my email address below…
Mortgage Audits
oliver@ipa.net
john
my primary home is in jeporty now, the servicer offered a loan mod that was ladden with consumer law violations. Insisting that another person to be added to assume the debt and asking for a witness to their signature, as well as back dating the mod paperwork to sept 1st when it was sent sent 4th and wanting a return by set 11th. It was signed in pure duress after the servicer intimidated and cowursed me into it. then the we are cancaling your loan mod letter came in the mail. I did not make another paymemt over this letter. I did speak with the servicer a cuople times on it but then faxed a final reciction letter to the bank. I now belive that they are in the process of forclouser because I got the one way empty voice mail message on the 30th from the servicer. I am in a judicial state, and I refuse to declare bankrupsty, I need an atty to help me with a restaining order against the lender and the servicer and to get my forclosure in front of a judge in a jury trial, I want all parties present as well as this loan is deemed as preditory lending. hepl asap please. I am in Mass.
msoliman, you are killing me, I am LMFAO, your logic is spot on. you stated
“My concern for the parties involved is the “state” of the note which is almost always disturbed in a challenge to a pass-thru trust” .
Isn’t it also true that if if the trust is to file foreclosure that they must have a majority approval of the trust and that all legal costs regarding the law suit are then the responsibility of the trust not the defendant?
My question has been “how can one foreclose on an instrument “note” that they can not or do not have possession of and thereby how can it be enforced if it can not be proven in effect? How can one have “perfection” when there is proof of “imperfection”
Just asking please clarify my thoughts as I am trying to sort out the mess of this whole process
THIS IS BECOMING A LAW SCHOOL SITE -RECITALS OF CASE LAW ON & OLD BORING TOPICS!
ITS NO LONGER ABOUT BEATING THE BENY? (WHOEVER IT IS)
The note argument is nothing to invest in from a class action perspective. It is a compelling argument. I state again from experience and for the record that a misunderstanding is from a Wall Street phrase “The Note is lost [to the holder in a Trust who is a FSB - ask Bernanke ].
Since I am not a lawyer let it go (after 20 years of listening and seeing first hand insider scamming, I might know a thing or two crystal ballers) . In the meantime go look in the alleys and sewers within 10 mi of the nearest trustee.
I will tell you the note is lost to the plaintiff in a UD hearing and take that to the bank. It is needed to address standing in a lower court. Where Jurisdiction does not come into play you can win on the argument.
We recently won a judgement as a defendant in a UD hearing using this same argument (Mark Terbeek Counsel No California ) But were done at the UD level as our fight is about ownership and not occupancy (what a waste of time cash and law school).
My concern for the parties involved is the “state” of the note which is almost always disturbed in a challenge to a pass-thru trust . If there is pending or bankruptcy or other civil or Fed action that lays claim to the beneficiary, etc etc.
And, the live attached endorsement and Jurat must include a Notory supeona and interogatories. Question authenticitiy of the assignment given the blank assignments and endorsements floating around.
Want something to peek your interest ? Perry Como, Dragnet returns and MERS and Note drama are old.
See the trust indenture and read whereby the Depositor can in fact possess at all times blank endorsements and completed unexecuted assignements pending recordation – - – the Note is thereby physically lost until that time the blanks are completed and oops! . . . .got to go!
admin@borrowerhotlne.com
msoliman
Don,
The “Show me the Note” argument lost because the statute doesn’t require a foreclosing trustee possess the note. It DOES require that a Trustee, Beneficiary OR agent of either ACTUALLY BE the Trustee, Beneficiary OR agent. See Peters v. Jamestown Bridge (1855) CA Supreme Court and read with Bufford’s ruling in In Re: Vargas (see also Civil Code section 2936). Also, CC section 2924(a)(1)(C) specifies the BENEFICIARY must declare a default unlike section 2924 which states Beneficiary, Trustee or Agent thereof. The plain language of the statute combined with 154 years of CA Jurisprudence mean MERS is NOT and NEVER can be a beneficiary of a CA DOT.
Walter Hackett, Attorney at Law
Gina
A Kulack or M Terbeek! – if either will take the matter under consideration. Each is in the know and bored with all this Pass-through Trust “get-some” chit-chat attacking the low hanging “fog”.
They are capable and I have no incentive to recommend where if motivated – each will argue the merits of the case with relentless determination and no fear.
admin@borrowerhotline.com
msoliman
I saw the man in court and woe to the party that cannot substatiteits standing in a court of law.
Really, he’s that good!
The produce the note strategy in non-judicials seems like a lost cause. In California Trust Co. v Smead Investment Co., 6 Cal.App.2d 432, 435 (1935) the party seeking to invalidate a foreclosure
sale argued that the sale was invalid because the beneficiary of the promissory note failed to transfer possession of it to the trustee.
The holder in due course and sufficiency for establishing authenticity for attached endorsements and assignments cause this “Bonnie and Clyde” case law to be out of touch.
admin@borrowerhotline.com
msoliman
The NOD cannot record before the “Substitution” of Trustee if it appears the Substitute initiated and constructed the document.
An effective date is meaningless as to the race to record.
Therein can the Non-judicial foreclosure be challanged in a one action state. The rescission should establish the grounds to file an action as plaintiff and to consolidate the matter to a judicial proceeding.
[A common practice with nonjudicial foreclosures is to have a new trustee sign a Notice of Default as agent for the beneficiary and to later substitute the trustee pursuant to the requirements of Civil Code ß 2934a. Fannie Mae issued Release 98-06 to its service providers. Release 98-06 required that, in nonjudicial foreclosures in California, any substitutions of trustees must be recorded prior to the recordation of the notice of default.; and that the notice of default must not be prepared and recorded by a person or entity that was not the trustee of record.
msoliman
admin@borrowerhotline.com
Don and Dear readers:
Let me help you out. My gift to humanity, so to speak.
http://www.firstam.com/landsakes/html/email/062503assi.html
“produce the note” has always been a Trojan Horse defense for anyone who knows real estate transactions. Chess strategy without an end game is mere mental masturbation.
Coffee is for closers.
Steven K. Kop
Attorney at Law
bluejaylaw@gmail.com
Thanks for the clarification Walter.
As a non attorney researching the next step if our “servicer” doesn’t grant a loan mod, it seems like CH 13 BK is the only other option. Thanks to a “vexatious” litigant here in CA, Judge Real & Judge Larson (CA Central District) dismissed a bunch of produce the note cases. The produce the note strategy in non-judicials seems like a lost cause. In California Trust Co. v Smead Investment Co., 6 Cal.App.2d 432, 435 (1935) the party seeking to invalidate a foreclosure
sale argued that the sale was invalid because the beneficiary of the promissory note failed to transfer possession of it to the trustee. The court of appeal rejected the argument & held that symbolic delivery was sufficient.
United States District Court “the allegation that the trustee did not have the original note or had not received it is insufficient to render the foreclosure proceeding invalid.” Neal v. Juarez, 2007 WL 2140640. *8(S.D. Cal. 2007)
Don,
For starters the statutes were amended last July to include sections 2923.5 and 2923.6. Beyond that your statement “I think attorney’s in CA would agree that it is extremely rare that lenders/servicers/trustees violate the exhaustive & comprehensive statutory framework that goven non-judicial foreclosures” is UTTERLY wrong. In my opinion, both as a CA attorney AND as a 27 year banker, is that the VAST MAJORITY of all non-judicial foreclosures commenced or concluded in the last 6 years COMPLETELY violate the non-judicial foreclosure statutes.
Walter Hackett, Attorney at Law
California’s non-judicial foreclosure process is governed by Civil Code sections 2924 through 2924k.
So is it safe to say that the only challenge to a non-judicial foreclosure sale requires evidence of a failure
to comply with the procedural requirements for the foreclosure sale that caused prejudice to the person attacking the sale?
I think attorney’s in CA would agree that it is extremely rare that lenders/servicers/trustees violate the exhaustive & comprehensive statutory framework that goven non-judicial foreclosures
More Keys to the Highway:
Chattel Paper
Article 9, UCC
Steven K. Kop
Attorney at Law
bluejaylaw@gmail.com
So, where do I find the most brutal, fighting, SOB attorney that will get JP Morgan Chase quaking in its boots. I don’t want the house — and sure don’t want to go through mutilation (aka modification)… Santa Clara County needs help… Where is the attorney that knows how to do this? Please let me know.
REALLY — not an attorney that kinda knows. I need the real deal.
Is there anyway to find out if a trust is still active or if has been dissolved or merged?
Specifically: First Franklin Mortgage Loan Trust Series 2005-Ff12
I am also trying to find out where the trust was formed. I thought Deleware, but I can’t find a corporate registration for it.
All I could find is they stopped filing with the SEC in 2006.
ALERT !! Mortgage/judicial foreclosure states lawyers PLEASE EMAIL OR CALL ME !!!!
We can help each other.
STEVEN K. KOP
Attorney at Law
bluejaylaw@gmail.com
310.869.0269 (new number)
California practitioners. A “gentle” reminder from the state bar:
ETHICS ALERT
Legal Services to Distressed Homeowners and Foreclosure Consultants on Loan Modifications
Committee on Professional Responsibility and Conduct
(February 2, 2009)
You have all read and heard about the residential mortgage crisis in California. In 2007,
roughly 84,000 California homeowners lost their homes in foreclosure.1 Through the first three
quarters of 2008 alone, that number increased to over 190,000. During that same period, lenders
recorded nearly 330,000 notices of default on California home mortgages. Recording a notice of
default is the first step of a non-judicial foreclosure or trustee sale, the most common process in
California, which typically takes four to six months or more. In other words, the crisis seems far from over.
Seeing a business opportunity in this crisis, “foreclosure consultants” purport to offer distressed homeowners assistance in assessing their options and/or negotiating loan
modifications with their lenders.2 According to the California Legislature,
These foreclosure consultants, however, often charge high fees, the payment of
which is often secured by a deed of trust on the residence to be saved, and
perform no service or essentially a worthless service. Homeowners, relying on
the foreclosure consultants’ promises of help, take no other action, are diverted
from lawful businesses which could render beneficial services, and often lose
their homes, sometimes to the foreclosure consultants who purchase homes at a fraction of their value before the sale.
Vulnerable homeowners are increasingly relying on the services of foreclosure
consultants who advise the homeowner that the foreclosure consultant can obtain
the remaining funds from the foreclosure sale if the homeowner executes an
assignment of the surplus, a deed, or a power of attorney in favor of the
foreclosure consultant. This results in the homeowner paying an exorbitant fee
for a service when the homeowner could have obtained the remaining funds from
a trustee’s sale from the trustee directly for minimal cost if the homeowner had
1 See Reports on California Foreclosure Activity issued by DataQuick Information Systems, available at
http://www.dqnews.com/News/California/CA-Foreclosures/RRFor080422.aspx,
http://www.dqnews.com/News/California/CA-Foreclosures/RRFor080722.aspx, and
http://www.dqnews.com/News/California/CA-Foreclosures/RRFor081023.aspx.
2 Civil Code section 2945(a) defines “foreclosure consultant” as any person who performs for compensation certain services for a homeowner or makes any solicitation, representation, or offer to do so. The services include, for
example, stopping or postponing a foreclosure sale, obtaining forbearance from any beneficiary or mortgagee,
obtaining reinstatement of a loan obligation, obtaining an extension for reinstating a loan obligation, obtaining a
waiver of an acceleration clause, assisting the owner in getting a loan, and saving the owner’s residence from foreclosure. Civ. Code § 2945.1(a)(1)-(6) & (8). Section 2945.1(b) excludes from the definition of “foreclosure
consultant” certain types of people, including generally lawyers licensed in California. See Civ. Code § 2945.1(b)(1)).
consulted legal counsel or had sufficient time to receive notices from the trustee [ ] regarding how and where to make a claim for excess proceeds.3
To protect distressed homeowners, the Legislature has imposed numerous restrictions on
foreclosure consultants.4 For example, agreements with foreclosure consultants must be in
writing and contain specific disclosures.5 Also, foreclosure consultants are prohibited from
collecting a fee for any services until after the services have been fully performed.6 In addition,
distressed homeowners have a right in certain circumstances to rescind foreclosure consultant
agreements.7 These protections cannot be waived.8 The State Bar of California has posted a
news release that includes a link to consumer information on loan modification and foreclosures.9
There is evidence that some foreclosure consultants may be attempting to avoid the statutory prohibition on collecting a fee before any services have been rendered by having a
lawyer work with them in foreclosure consultations. Many of the proposed relationships
between these foreclosure consultants and lawyers violate the Rules of Professional Conduct and
other ethical rules and, therefore, could result in lawyer discipline.
The purpose of this Ethics Alert is to remind California lawyers of several ethics rules
that may apply in the event a foreclosure consultant or another non-lawyer requests assistance
from a lawyer and/or refers potential distressed homeowner clients to the lawyer.
• A California lawyer may not pay a referral or marketing fee to a foreclosure
consultant or other person for referring distressed homeowners to the lawyer.10
3 Civ. Code § 2945(a) (citation to another Civil Code provision omitted).
4 See, e.g., Civ. Code § 2945.4.
5 Civ. Code § 2945.3.
6 Civ. Code § 2945.4(a).
7 See Civ. Code § 2945.2.
8 Civ. Code § 2945.5.
9 To find the release, go to the State Bar’s home page at http://calbar.ca.gov. Look down the right hand column of
the home page for the links under “News.” Click on “News Releases.” Then click on “News Releases 2008.”
Finally, click on the link for the News Release dated October 8, 2008 entitled “State Bar and Public Interest
Clearinghouse Offer Foreclosure Help for Consumers.” Among other things, this release identifies, and includes a
link to, http://www.ForeclosureInfoCA.org, a site that offers general information for consumers on mortgages and loans, such as how to avoid losing a home and where to go for assistance when foreclosure is a possibility.
10 E.g., Cal. Rules of Prof. Conduct rule 1-320(B) (“A member shall not compensate, give, or promise anything of value to any person or entity for the purpose of recommending or securing employment of the member or member’s
law firm by a client …”); see also Bus. & Prof. Code §§ 6151 & 6152 (prohibiting running and capping); Bus. &
Prof. Code § 6155 (“[N]o lawyer shall accept a referral of such potential clients” from any type of referral service
unless certain conditions are met, including registration of the referral service with the State Bar.). California
lawyers should be particularly mindful of the rules prohibiting the payment of referral fees if and when they are
approached by a foreclosure consultant. A foreclosure consultant may be tempted to propose that a lawyer pay the
consultant a fee in exchange for referring a homeowner client to circumvent Civil Code section 2945.4(a), which
prohibits a foreclosure consultant from collecting a fee from a distressed homeowner until the consultant’s services
have been completed. As noted above, a lawyer may not compensate another for a client referral.
• A California lawyer may not directly or indirectly split any attorney’s fees that the
lawyer earns from a distressed homeowner client with the foreclosure consultant or any other non-lawyer.11
• A California lawyer may not aid a foreclosure consultant or anyone else in the
unauthorized practice of law. A lawyer may not form a partnership or joint venture
with a foreclosure consultant or other non-lawyer if any of the activities of the
business would involve providing legal services. A lawyer may not, under the guise
of serving as in-house counsel for a foreclosure consultancy business, perform legal
services for a distressed homeowner.12
• A California lawyer may not contact in person or by telephone a distressed
homeowner referred to the lawyer by a foreclosure consultant or someone else
unless the lawyer has a family or prior professional relationship with the
homeowner. Nor may a lawyer direct another to do so on the lawyer’s behalf. A
lawyer, however, may write to a distressed homeowner who is a prospective client.13
11 See, e.g., Cal. Rules of Prof. Conduct rule 1-320(A) (“Neither a member nor a law firm shall directly or indirectly
share legal fees with a person who is not a lawyer…”); In the Matter of Francis E. Jones, III (Review Dept. 1993) 2
Cal. State Bar Ct. Rptr. 411 (lawyer suspended and placed on probation, inter alia, for paying to insurance agent one
quarter of client fees); In the Matter of Robert B. Scapa and Michael S. Brown (Review Dept. 1993) 2 Cal. State Bar Ct. Rptr. 635 (lawyers suspended and placed on probation, inter alia, for paying ex-salesman, ex-police officer and
other non-lawyers a portion of fees generated from settlements for clients identified by them); In the Matter of Lawrence Crawford Bragg, (Review Dept. 1997) 3 Cal. State Bar Ct. Rptr. 615 (lawyer aided insurance adjuster,
who evaluated whether to accept clients for lawyer, negotiated and settled pre-litigation claims with insurers, and
occasionally filed lawsuits in lawyer’s name, in unauthorized practice of law); compare Cal. State Bar Formal Opn.
No. 1987-91 (insurance company’s “captive” law firm not engaged in fee splitting because no legal fees paid by
insureds); Cal. Rules of Prof. Conduct rule 2-200(A) & (B) (permitting lawyer, under certain circumstances, to split
fees with another lawyer).
12 See, e.g., Cal. Rules of Prof. Conduct rule 1-300(A) (“A member shall not aid any person or entity in the
unauthorized practice of law.”); Cal. Rules of Prof. Conduct rule 1-310 (“A member shall not form a partnership with a person who is not a lawyer if any of the activities of that partnership consist of the practice of law.”); see also L.A. County Bar Ass’n Formal Opn. No. 510 (fee sharing with financial planning company); In re Carlos (Bankr. C.D. Cal. 1998) 227 B.R. 535, 538-39 (paralegal engaged in unauthorized practice of law by negotiating
reaffirmation agreements); In the Matter of Francis E. Jones, III, supra, 2 Cal. State Bar Ct. Rptr. 411 (lawyer
suspended and placed on probation, inter alia, for engaging in legal business with insurance agent); In the Matter of Robert B. Scapa and Michael S. Brown, supra, ) 2 Cal. State Bar Ct. Rptr. 635 (lawyers suspended and placed on
probation, inter alia, for opening office staffed solely by non-lawyers who explained retainer agreements and fee
arrangements to prospective clients); In the Matter of Lawrence Crawford Bragg, supra, 3 Cal. State Bar Ct. Rptr.
615 (lawyer aided insurance adjuster, who evaluated whether to accept clients for lawyer, negotiated and settled pre-
litigation claims with insurers, and occasionally filed lawsuits in lawyer’s name, in unauthorized practice of law);
compare Cal. State Bar Formal Opn. No. 1987-91 (insurance company’s “captive” law firm not aiding unauthorized
practice of law because “captive” law firm was independent); Gafcon, Inc. v. Ponsor & Associates (2002) 98 Cal.App.4th 1388 [120 Cal.Rptr.2d 392] (same). Thus, although a foreclosure consultant business, as any business,
may hire in-house counsel to provide legal services for the business, such in-house counsel could not ethically provide legal services for distressed homeowners (the business’s clients) either directly or through the guise of approving loan modification documentation for the business. 13 See, e.g., Cal. Rules of Prof. Conduct rule 1-400(C) (“A solicitation shall not be made by or on behalf of a
member or law firm to a prospective client with whom the member or law firm has no family or prior professional relationship…”); Cal. Rules of Prof. Conduct rule 1-400(B) (“For purposes of this rule, a ‘solicitation’ means any
• A California lawyer may not without good cause file a lawsuit or motions in a
lawsuit that are simply intended to delay or impede a foreclosure sale.14
• A lawyer may not intentionally or recklessly fail to perform legal services with
competence.15
• A lawyer should be wary of accepting fees for little or no work.16
Distressed homeowners may need legal assistance. California lawyers should be wary,
however, of non-lawyers – such as foreclosure consultants – who, seeking to capitalize on the
vulnerability of distressed homeowners, offer to provide distressed homeowners assistance in renegotiating their loans and/or assessing and protecting their legal rights. These non-lawyers
may propose arrangements that would violate one or more of a lawyer’s ethical obligations. They may attempt to loop California lawyers into their businesses with promises of large
numbers of referrals and/or “easy money,” that is, fees for the lawyer for little or no work. They
may request that a lawyer pay them a referral or marketing fee. They may propose an agreement
to split legal fees obtained from the distressed homeowners. They may request that the lawyer
enter into a joint venture with them and a distressed homeowner. They may request that a lawyer
approve loan modification documentation. They may request that a lawyer serve as the general
counsel to their business in order to provide legal advice to homeowners. They may ask that the
lawyer file a frivolous lawsuit on behalf of a homeowner with whom the lawyer has had little or
communications: (1) Concerning the availability for professional employment of a member or a law firm…; and (2)
Which is; (a) delivered in person or by telephone …”). Thus, a lawyer generally may not call or show up at the
doorstep of a potential client with whom the lawyer does not already have a prior relationship. The lawyer may,
however, write, fax or e-mail such a potential client. Rule 1-400 of the Rules of Professional Conduct imposes
various restrictions on the form and content of lawyer communications and solicitations. See, e.g., Cal. Rules of
Prof. Conduct rule 1-400(D)(1), (2) & (3) (prohibiting lawyer communications or solicitations that contain untrue facts or mislead); Cal. Rules of Prof. Conduct rule 1-400, standard 5 (setting forth requirements for law firm brochures, newsletters, recent legal development advisories, and similar materials that are mailed); see also Shapero v. Kentucky Bar Assoc. (1988) 486 U.S. 466 [108 S.Ct. 1916] (unconstitutional for state to ban lawyer from soliciting legal business through truthful and non-deceptive mailing directed to homeowners facing foreclosure, but
such communications could be subject to state regulation); see also Cal. State Bar Formal Opn. No. 1995-142
(ethical restrictions on direct mail marketing of legal services). 14 See, e.g., Cal. Rules of Prof. Conduct rule 3-200 (“A member shall not seek, accept, or continue employment if
the member knows or should know that the objective of such employment is (A) To bring an action … without probable cause and for the purpose of harassing … any person; or (B) To present a claim or defense in litigation that
is not warranted …); Bus. & Prof. Code § 6068(c), (d), (g) (duty of lawyer to assert legal and just causes only, not to mislead court, and not to encourage commencement or continuance of action “from any corrupt motive of passion or interest”).
15 See, e.g., Cal. Rules of Prof. Conduct rule 3-110(A) (“A member shall not intentionally, recklessly, or repeatedly
fail to perform legal services with competence.”); see also Bus. & Prof. Code § 6450 (permissible and prohibited
activities of paralegals); In re Ivan O. B. Morse (1995) 11 Cal.4th 184 [44 Cal.Rptr.2d 620] (lawyer suspended for,
inter alia, incompetence in connection with mass mailing offering homeowners assistance in filing homestead
declarations); In the Matter of Robert B. Scapa and Michael S. Brown, supra, 2 Cal. State Bar Ct. Rptr. 635 (lawyers
suspended and placed on probation for opening office staffed solely by secretaries and paralegals). 16 See, e.g., Cal. Rules of Prof. Conduct rule 4-200(A) (“A member shall not enter into an agreement for, charge, or
collect an illegal or unconscionable fee.”). The unconscionability of a fee is determined by multiple factors,
including the amount of the fee in proportion to the value of the services performed (Cal. Rules of Prof. Conduct
rule 4-200(B)(1)), and the time and labor required (Cal. Rules of Prof. Conduct rule 4-200(B)(10)).
no contact in order to buy time so that the foreclosure consultant will have more time to
negotiate a loan modification directly with a homeowner’s lender. As noted above, much of this
conduct – accepting referral fees, fee splitting, forming a business with a non-lawyer that
performs legal services, helping a non-lawyer engage in the unauthorized practice of law, filing frivolous lawsuits – violates the Rules of Professional Conduct and/or ethics rules set forth in the
Business and Professions Code. A California lawyer should consider carefully the applicable
ethical rules before agreeing to participate in any such venture involving people acting as
foreclosure consultants or in a similar capacity. Failure to do so may result in lawyer
discipline.17
17 See, e.g., Cincinnati Bar Ass’n v. Mullaney (2008) 119 Ohio St.3d 412 [894 N.E.2d 1210] (lawyers disciplined for accepting customers of Foreclosure Solutions, L.L.C.); see also Cal. State Bar Formal Opn. No. 1997-148
(ethical issues, including whether lawyer-client relationship is created, that lawyer should consider when non-lawyer generates prospective clients for lawyer by marketing living trust packages); and Cal. State Bar Formal Opn. No.
1995-143 (ethical issues that lawyer should consider when “medical liaison” generates prospective clients for lawyer
by giving presentation to physicians). STATE BAR ETHICS HOTLINER PUBLISHER’S NOTE: Points of view and opinions
expressed in the Ethics Hotliner are solely those of the authors and contributors. They have
not been adopted or endorsed by the State Bar’s Board of Governors and do not constitute the position or policy of the State Bar of California. Nothing contained herein is intended to address any specific legal inquiry, nor is it a
substitute for independent legal research to original sources or for obtaining the advice of legal counsel with respect to legal problems.
To Chrys and Ellie 4-28-09 @ 7:30 pm,
Try contacting April Charney @ JALA in Jax., Fl.
Maybe she can help you or put you in contact with
one of her associates.
TCS
I have a sale on monday , I need to speak with someone today, I am getting very confused.
. . .CAll us Karl Kop Esq. is here and can talk with you.
925-550-1826
Maher
I have a sale on monday , I need to speak with someone today, I found out that you can try a restraining order to stop an illegal sale, other than that I either declare bk13 or let this one go? I am getting very confused
Please assist in PRO SE foreclosure case.
Judge obviously in collusion with opposing attorney and perpetrating fraud.
Need an attorney for Jacksonville…. preferably but anyone you recommend in the state will most likely be fine too.
Thank you in anticipation.
Ellie
P.S. Would you imagine that a judge chose to strike all our Motions, our Counterclaim etc, refusing to even consider the issue of the NOTE or anything else for that matter? Are we really in the USA or are we in more and mroe dealing with “KANGAROO Courts”?
Does anyone know of an Indiana Attorney that get’s it?
Our BK attorney is balking, CH13 BK must be filed in the next week, sheriff sale scheduled for the 13th. Thank you, Lou
thanks to msoliman, How do I file a satisfation of mortgage? Do I need an atty or do I send it to the bank?
We need MO licensed attorneys to take on a local lender with a large book of business and some shady loan practices that we have proof of. Will do the marketing to bring in thousands of clients. Have proof of loan and lending practices.
Thanks
Kari Gray, CEO
1st Choice Funding
417.451.7618
“…a defect in the titlle and the mortgage and the title insurance policy were recordred that way”
A defect in title cannot convey ownership in real property. Title is disturbed at discovery. Transaction could be Void from commencement or voidable from discovery. (Not a legal opinion and we are not qualified to supplement a legal view).
msoliman
admin@borrowerhotline.com
“If i end up in court can i request the original note and mortgage? The loan that I have with no payment staments in four years has a smell to it”.
Request the original note and then what – what do you want to accomplish. You need to know what it is you are askng the court to do! Its your call and whats the gamble here?
No statements in four years – file a satisfaction of mortgage or quiet title action. Estopple by silence….?
See an attorney or call us for a reference.
An Expert such as NLS may assit you in setting up a case and show you or the attorney our recent history in these matters. But only the attorney is qualified to practice law.
Auditors and Experts – let the attorney refer the matter and request support.
NLS msoliman
Admin@borrowerhotline.com
LIVINGLIES: Said ” like to get feed back on the benefits people are deriving from my blogsite…please let me know how your experience is, either positive or negative.”
NLS: We send distressed borrowers to this web site and demand they replace their mind chatter with the facts and basis for fighting back. Look, lenders are humans and this is a bluff and game of attrition. You must be willing to sacrafice the time effort and angst to attack a lenders ability to roll free of opposition and undisturbed. Create genuine obstacles to prohibit their crossing the DMZ to invade the home. Its your home damn it .
Here is where the obstacle to an invasion are found. Livinglies is ammo to defend – so get off the couch,put down the TV remote and fight back.
ITS YOUR HOME, NOW DEFEND IT!
Admin@borrowerhotline.com
msoliman
if i end up in court can i request the original note and mortgage? The loan that I have with no payment staments in four years has a smell to it.
well today was interesting, I have at least 3 loans exploding right now, all are some how tied together, cross defautled I guess is the term, 1 home is up for a sale date next monday, that home has a defect in the titlle and the mortgage and the title insurance policy were recordred that way, I do belive this means the loan is invalid
I am urgently looking for an attorney in South Carolina for a client of mine. It’s Litton v def and MERS and United financial and Atlantic. (09-CP-18-0462). It’s in a count court in Dorchester.
Please email me at advancedparalegalservice@gmail.com
thanks
Linda
Florida Defense Team,
Is there any chance that I also could get a copy of the motion to dismiss?
I’m fighting an assignment from MERS to Taylor Bean signed by the the president of Taylor Bean as the vice-president of MERS.
trpclman@gmail.com
You – we – are being sold out.
http://www.nytimes.com/2009/04/27/business/27geithner.html?_r=1&hp
But you knew that already.
(“You dont need a weatherman to know which way the wind is blowing – Robert Zimmerman)
Steven K. Kop
Attorney at Law
bluejaylaw@gmail.com
Alina,
Yes, I’ll email you the motion later today – I also used an “in the alternative” language to void the instrument. Looking one move ahead…..If the judge rules ab initio vs. voidable – the former will allow the bank to “fix” the problem, the latter will render the instrument a nullity.
Florida Defense Team,
Would you be so kind as to provide me with a copy of the Motion to Dismiss re: MERS assignments? I am also battling an assignment from MERS to U.S. Bank. I have found several assignments signed by the same person wearing different hats for different companies and have included that in my answer and affirmative defenses but would like to use it in another Motion to Dismiss.
Thank you
Alina
avirani0203@yahoo.com
Jean-Francois Champollion (Florida Defense Team)
You are mostly right. The issue – the problem – is that assuming success in avoiding the mortgage/trust deed. in CH 13, now what. Your bankruptcy estate now is vested with title to real estate worth several hundred thousand dollars.
Are the unsecured creditors going to take pennies on the dollar? Is the Bankruptcy Judge going to let you waltz out of CH 13 on a dismissal. Even so, what are your homestead exemptions in CH 7. Yes I know Florida has an unlimited homestead exemption for primary residences. It probably works there and in Texas. But else where, BEWARE.
Steven K. Kop
Attrorney at Law
bluejaylaw@gmail.com
Hi,
I’m looking for some case law in any jurisdiction – State or Federal – specific to the fact that a holder or holder in due course (or alleged) cannot assign what they never owned or held. Here in Pennsylvania, the lender foreclosures on the mortgage and doesn’t need to produce the note. In accordance with the Rules of State Court, they are only required to show they are entitled to the payment, the borrower is the mortgagor and there is a delinquency.
We are well aware of the UCC, so please don’t point us in that direction. And of course as Neil suggest, we challenge everything. We are hitting road blocks in the courts due to prior decisions favoring the lender on this issue, and need some specific cites to persuade the Judges.
Yours in Liberty,
Ron
Michael,
I have several cases that mirror yours. These “MERS for a day employees” download a document which is supposed to provide them Power of Attorney through a corporate resolution. I have filed motions to dismiss, or in the alternative order the security instrument as void. Email and I’ll provide the details.
Walter:
I did not mean to be overly critical but you understood my point. Crunching the numbers is just one of several methods to defend a foreclosure or take the offensive.
Most companies doing forensic loan audits are not law firms and are prevented from giving opinions with respect to title and have no or very little understanding of the securitization process.
This knowledge, when applied property can be deadly!
I will send you an email Monday.
MJ
I can not seem to find an attorney in my area that understands what is going on with this whole foreclosure mess and was hoping someone can answer my one question below.
Up until 04/19/09, the county clerk of courts showed my original mortgage document with AMNET MORTGAGE as the lender. On 04/20/09, an Assignment of Mortgage was recorded by the clerk of court naming JP MORGAN CHASE as the assignee / mortgage holder. Here is where it gets interesting. The assignment states that MERS officers acting as nominee for AMNET MORTGAGE (assignor) assigned, transferred and conveyed the mortgage to JP MORGAN CHASE. According to my research, AMNET MORTGAGE is no longer in business so how could it have officers, plus I am not even sure they are legally the current holder of the mortgage since MERS is involved. Better yet, the signing officers for MERS as nominee for AMNET MORTGAGE are Section Managers for JP MORGAN CHASE. I discovered this by Googling their names. After doing further research I found these same officers of MERS, JP MORGAN CHASE employees, were acting as nominee’s of MERS for multiple other lenders assigning mortgages over to JP MORGAN CHASE.
Now JP MORGAN CHASE is trying to foreclose through FLORIDA DEFAULT LAW GROUP even though I have had no dealings with JP MORGAN CHASE in the past.
So my question is, was / is it legal for JP MORGAN CHASE to use its own employees as MERS nominee’s to assign a mortgage from another lender (AMNET or any other lender for that matter) to itself? In my opinion there is some major fraud going on here.
Any other insight anyone can offer would be appreciated.
Michael
South Florida
Steven Kop (aka Jean-Francois Champollion ),
Your blog is on point, if you would please read my blog a few paragraphs down with the opening “Barristers and all interested parties” and confirm that I too have caught a glimpse…
Neil, I’ve been busy breaking the Rosetta Stone Code. I think, finally, I’ve done it. For real.
With a major assist from M. Soliman, without whose assistance this would not have been possible at all.
Also attorney Christine Gardas, who’s 3 am 2 hr tele convo last night tremendously helped me focus, crystalize and metaphorically transmutethe Code to trial talkese (yes, I am one of those few bankruptcy and mortgage litigators with 4 week plus construction defect, whistle blower and other JURY TRIAL experience.
Have Gun (and retainer). Will Travel.
Wire me at bluejaylaw@gmail.com
Steven K. Kop
Attorney at Law
key word: HYPOTHECATION. Everything else flows from that. (Well, it is a little more complex than that, but I believe it is all down hill sledding from here.)
ALso, why Bankruptcy as my preferred venue to ATTACK NOT DEFEND the mortgage?
George S. Patton. Sun Tzu “The Art of War”
And the ancient game of —- CHESS.
Always fight from the HIGH GROUND, not attack from a LOW POSITION. (e.g. Gettysburg, Hamburger Hill, Omaha Beach).
State and Federal Trial Courts are the low ground. As
a Plaintiff attacking a mortgage you have the burdens of production and proof, attacking a very simple fortified DEFENSE: Two instruments (promissory note and deed of trust or mortgage) and the Senator Orrin Hatch and VP Joe BIden (Delaware, Land of Creditors) mantra. Americans Pay Their Debtors: you borrow, you pay.
In Bankruptcy, on the other hand, YOU fight from the high ground, firing DOWN on the ENEMY from ABOVE. (e.g., the Battle of Little Round Top).
In Bankruptcy by merely disputing the secured indebtedness, YOU HAVE THE HIGH GROUND. THESE BURDENS SHIFT TO THE LENDERS.
“Death from Above” – 101st Airborne Division
There, I’ve done it. You got one of my nukes. For Free. Damn.
Happy Hunting. Saddle UP, Lock n Load.
“De Oppresso Liber” – motto of the US Army Special Forces – (“to free from oppression)
See my website for more detail
http:newdawnlaw.blogspot.com
Bart, you will likely have to deal with the Lost Instrument Statute in your state. Query whether the title company bond that accompanies the affidavit establishing “the dog ate my promissory note” (c) (LOL) in fact has any collectibility. May as well make that argument, tho proving it will be Hamburger UpHill sledding.
Happy Hunting. Lock n load.
Steven K. Kop
Attorney at Law
bluejaylaw@gmail.com
someone tell me about this produce the note thing, I think my loan is held locally, but I cannot be sure it has not gone back to the original invester but have the feelinfg it has, if I file a that les penes thing thur an atty and they try take the house, my original loan is bad, i did not take the loan mod so it reverts back to this ugly loan ,can i ask for a jury trial and ask them to produce the original mortgage and note?
Philip,
I have some friends who are FDCPA/Rosenthal Act gurus. Let me run it by them and see what they think.
Walter Hackett, Attorney at Law
I just downloaded the written qualified requst on this site, is it good in Mass and will it put the time table back on my side? other than delcare a bankrupsty which I do do want to do, I would rather get my loans fogiven as I had asked for as all have id theft and forgeries, title tampering with the cloing agaents and also were not a true mortgage as signed but some how kept as a private note, this is so bizzare. I could write a book on this ordeal, My goal is to tip the scales to me again, so I almost need a do over, but they have so much info now. I did get a validation of debit from one servicer, but then I started my laymans wqr and it went back down to the prior servicer WAMU, so I got paperwork from them but this long requst you have is really alot more info than I thought was needed.. the fact that they sent the validation and I did not respond is probably not an issue because I was not taking the loan modifacation that WaMu was trying to make me sign putting words in my month about the original transacation and wanting a witnesses signature, thank god I got those letters from them canceling the mod request, if that was to go thur I would not be able to have any recourse.
So Walter what do you think about the language in the statute? I think it’s worth passing onto Neil. I’m pretty sure that there many homeowners in defualt when their loan was assigned which would make the servicers debt collectors for the ones that were in default and if they want to take real property to recover a debt they must do so in a court of law & if brought to the right peoples attention whould stem the ever increasing surge of foreclosures giving counsel time & room to take a breath, and not have to be in such a rush so then there would be less mistakes
Bart,
I believe there are two Mass. licensed attorneys in my group. If you’d like I can obtain their contact information and email it to you. If so please email me at walter@hackettslaw.com
Walter Hackett, Attorney at Law
well here I am again, not one clean atty here in mass, I even had a plant that was getting information back to the lenders as I tried to navagate my situation, I now have 1 morgage with a sale date, the other needs an answer to compliant by 5/18, my primary and another investment property are soon also going to be in harms way. all of these properties were cross collateralized without my knowlegede, id theft and title tampering was invovled, I now have a high fraud alert on my credit reoprt due to a change in my name by the broker. I waited and waited for the “lenders” to come to the table and bargan like a true man, insteaed the took oppurtunites to change things to there advantage. I would like to take my case to the federal level, there is true white collar crime in this, I do not know what other answer there is. I have a list as long as my arm on this of people that have been involed. I would prefer an easy solution but even if I get this to my district court I will not get a fair shake due to the consentration of players involed, including many local attys.Can I ask for my case to be moved to the Federal level and outside of Mass?
Linda,
I hadn’t noticed your post earlier. Thank you for the generous offer. Please do provide me with this individual’s contact information at walter@hackettslaw.com. Coincidentally I had breakfast yesterday with a former co-worker who has over 40 years of REAL underwriting experience. I’ve asked him about testifying as to the quality of underwriting performed on my clients’ loans. He’s coming in to my office today to discuss the subject further. If he decides to go forward I’ll be happy to share his name, contact info and CV with any attorney who’s interested.
Walter Hackett, Attorney at Law
MJ,
I guess I should have been clear. Their product is the best I’ve personally seen as to regulatory compliance. It is NOT a substitute for document review and an interview of the client as to the actual loan origination and documentation process or a review of the documents themselves. Also, their product is customizable so that additoinal data elements can be added along with business rules.
Honestly, I had been trying to put on my old business analyst’s hat and, with some development folks, build something that could replicate what I did during my days managing loan operations centers and departments (which did include review of all the items yoiu mentioned) but simply didn’t have the time.
You’re absolutely right about the fact original docs were scanned and destroyed. For that and its possible abuses I’m planning to use David Springer, twice President of the Los Angeles Chapter of AIIM and a nationally known imaging expert. I worked with David at Home Savings and introduced him to former co-workers (for both of us) at New Century where he oversaw their conversion from paper to digital images. I presently have a case where it appears a single valid signature of a client was duplicated onto dozens of documents she never signed via the use of electronic documents and editing software. I plan to use David as my expert to establish such things are not even possible but were quite common.
Regarding the balance of what you’re saying that simply requires old fashioned hard work and you’re one of the few individuals who I’ve heard of who would even know not only to start digging through public records but which ones to look for.
With that said please drop me a note at walter@hackettslaw.com I actually have a number of cases where I literally haven’t had the time to identify and locate the relevant PSAs let alone locate any reports their “Trustees” and other entities would have had to produce.
Since I’d like to name both the Trustees and Depositors as defendants I could use some help digging them up (though the Trustee’s usually surface on their own at some point).
Thanks for pointing out the matters beyond pure regulatory compliance that homeowners and their attorneys will need to successfully fight this war against the American middle class.
Walter Hackett, Attorney at Law
Walter:
I have seen their audit (loanmodforensics) and in my opinion they are woefully deficient.
For instance they do not do any title work (look at what is actually recorded at the courthouse), do not investigate the mortgage backed security, master servicer and lately the Collateralized Debt Obligation.
By way of example, the company you promote could (I am sure they have) audit and individuals mortgage documents and uncover some RESPSA and TILA violations with some monetary penalties attached.
Because the company never does any title work, the mortgage may not even be recorded and if recorded any number of assignments may be missing or wrong and will lead to client into court arguing RESPA and TILA violations pro se on a mortgage that does not exist (I have seen this happen before).
We can never again trust what Wall Street says. We must verify with the Trustee for the MBS or CDO that the trust actually owns the note, when they bought it, what price they paid for it and who they bought if from
We must obtain the monthly statements for the MBS or CDO to make sure the master servicer is reporting the mortgage correctly to the investors. How do know the mortgage is still apart of the MBS without looking at the statements the investors get?
We must obtain from MERS every assignment and beneficial owner for the mortgage in question to verify what the Trustee is telling us. If MERS says the mortgage is in Bear Stearn Alt A 2006-2 but the client is being foreclosed on by Bear Stearns Alt A 2006-8, this could be a problem for them.
Just because the client has 2 copies of a Notice of Right to Cancel does not mean the Servicer even has one singe document with respect to the mortgage.
As you know Walter it is not uncommon for these documents to be lost, destroyed, whatever.
Again we cannot trust one thing Wall Street says, we must obtain copies of every original document in their possession through discovery.
Usually when people do a QWR the servicer prints off a scanned copy. The servicer may no longer have any originals. If all they have are scanned closing documents how can they ever prove who signed the documents? With technology today anybody can put anyone’s signature on any document in a matter of seconds.
The only way they will get away with this is if they are not challenged and are allowed to produce copies in court.
Would anyone here let there home be taken away with a scanned copy of their Mortgage and Promissory Note?
HELL NO!
The same argument can be applied to your closing documents.
In my humble opinion the audits by the above mentioned company are only 25% (at best) of what a true forensic mortgage audit should encompass.
MJ
If anyone is interested I work with a certified fraud examiner who is also an expert witness. She has done work with the FBI as well in white collar crimes. She does not use auditing software, she’s a bean counter. She does not only TILA and RESPA audits, she also does the financials and she uses an excel spreadsheet. It’s a daunting task but she has uncovered many discrepancies that do hold up in court. She goes at the audit with the financials in mind, with a strict comparison of what homeowners pay to the payments posted by lenders. It’s detailed and forensic. If you want her contact information, please contact me.
Linda
Loan auditors.
I realize many of you are trying your best but please keep in mind if we can’t use your output as evidence in potential litigationit may not be of substantial value to our mutual clients. I do NOT recommend the use of any particular software product to conduct loan audits but do personally know several of the folks behind http://www.loanmodforensics.com/ including two well-trained compliance attorneys with the company and product during my days at CFI ProServices. I’ve learned some folks are using low-end Loan Origination Systems as audit tools and do NOT recommend you do so. Loan origination systems were built to facilitate loan production and not ensure loans comply with all state and federal lending regulations and laws. I helped design or implement at least 5 suc h systems and never saw one (except the one I designed of course) I liked.
Walter Hackett, Attorney at Law
Barristers and all interested parties, i’m seeking input debate, logic, case law, analysis or just educated opinion on the following proposed foreclosure defense tactic:
At Issue: Circuit Courts, barring a few maverics Judges mentioned on this website, tend to give the foreclosing party more latitude in standing, whereas the federal and bankruptcy courts have a letter of the law discipline.
Tactic: During Circuit Court Foreclosure:
1) File a Chapter 13 Petition with Bankruptcy Court.
2) In Schedule D list:
a) “Original Lender” as secured, disputed debt to “Name of Bank” c/o (Plaintiff Atty)
b)”Loan Servicer or nominee”Representing “Original Lender.”
3) File an Adversary Proceeding that Challenges
the Lien to be unperfected and therefore invalidating
the Lien
4) Now the REAL Creditor has to file a Proof of Claim.
5) The Bankruptcy courts take Proof of Claim very seriously. They are boxed in at this point: If the nominee, or servicer, steps in for proof of claim at this point they can be sanctioned. See link below regarding $650,000 sanctions in Nosek v.r Ameriquest Mortgage(http://www.duanemorris.com/articles/article2868.html)
-or-
If the original creditor comes forward – (And read this several times carefully to get it)
6) The (fabricated) assignment that the “nominee or servicer” used to obtain Holder in Due Course status before the Circuit Court will now render the
security imperfect.
7) The improper “chain of Title” will render the security instrument as unperfected, the case will then be referred back to the Trustee.
8) The unsecured credit (owed only on the Mortgage Note now since Mortgage instrument is now dissolved) the trustee now can:
a) Have you make equal afforable payments (based on income) in a 3 or 5 years, and the balance is discharged
b) Close the case if you cannot come to an agreement with creditors (will go back to circuit court and you can ask the Judge to dismiss case, or have them amend complaint but they cannot foreclose anymore)
c) You can file chapter 7 on the unsecured debt for full discharge
JD,
I’m sorry, I didn’t hear the fat lady singing….
Perhaps all is not lost. Email me your phone number and lets discuss. There is a Florida Defense Team that may be able to help!
Mortgage Audits
oliver@ipa.net
john
JD,
Perhaps all is not lost. Email me your phone number and lets discuss. There is a Florida Defense Team that may be able to help.
Mortgage Audits
oliver@ipa.net
john
OK so after sitting here in the utmost disgust with all things legal… I have decided to post the name of my “SO CALLED” attorney in hopes that no else has to be put in such a disappointing situation.
DO NOT USE “ANDREW TARR, ESQ” in Aventura Fl..
I am sorry but after all the crap I have been through I am ‘up to here’ with it all. I am a man of my word and I would hope ANY attorney worth his salt would be the same. Unfortunately in my experience it has not happened.
Homeless and disgusted,
JD
MERS – For your reading pleasure:
http://www.nytimes.com/2009/04/24/business/24mers.html?_r=2&th&emc=th
Linda
UNITED GUARANTY MORTGAGE INDEMNITY COMPANY SUES COUNTRYWIDE AND BANK OF NEW YORK FOR, INTER ALIA, FRAUD AND VIOLATION OF CA BUSINESS AND PROFESSIONS CODE 17200 ET SEQ.
Case #CV09-1888 RZ (Central District of CA)
They’re eating their young! I love it!
Walter Hackett, Attorney at Law
HEY YOU GUYS I NEED YOUR HELP MY ATTORNEY WHO’S LOYALTY HAS BEEN QUESTIONABLE IS ONCE AGAIN TRYING TO “TALK” TO MY DAD AND GIVE HIM “ADVICE” AND WANTS TO MEET UP WITH HIM TOMORROW FOR GOD KNOWS WHAT. THIS AFTER HE AGRESSIVELY CONVINCED MY DAD TO SIGN SOME THING THAT ALREADY STATED WE WOULDN’T HAVE TO WORRY FOR NOW AND THAT THE FORECLOSURE WOULD CONTINUE THROUGH SEPTEMBER BUT NOW ALREADY HE’S ADDING CONDITIONS AND TRYING TO GO BEHIND MY BACK TO CONVINCE HIM TO MAKE DESCISIONS THAT AREN’T IN HIS BEST INTEREST BECAUSE HE’S NOT TOO LOAN/LAW SAVY
Brilliant Solimon Well Spoken
Hi MJ,
As to my fees, please contact me by email with your phone number and I will discuss my fees with you.
I try to identify an issue of rescission that triggers the consumers right to void the note and release the security instrument. Of course if need be I will find everything including the kitchen sink but you need only one issue to get the ball rolling. IF the attorney handling the case wants me to find more I will.
I am not on this format to solicit business. I would like to be a part of finding the solutions, helping the consumer and correcting the banking (fraud) system.
Mortgage Audits
oliver@ipa.net
john
Mortgage Audit:
How much do you charge and what do you look at for you audits?
Thanks
Hi Alina,
Talking about the 11th Circuit, I have a mortgage audit case of mine that has just been scheduled for oral arguments. It is the Mackey v. IndyMac Bank /FDIC. Dwight Bowen is my clients’ attorney.
Case No.: 07-14789
Mortgage Audits
oliver@ipa.net
john
THE PONZI SCHEME UNFOLDED
MSoliman
April 22, 2009 Los Angeles, CA / Strong Evidence exists from the “interested parties” AKA Lenders who are foreclosing are also timing the recovery by supplementing payments to the master servicer. The rationale is a fact from my experience and the actual documented impaired loans we have seen over two years now!
Lenders in a Pass Through CDO Trust by-pass their impossible to honor repurchase provisions by subsidizing delinquency with monthly payments out-of-pocket! This can keep the Trust from triggering a buy back at the 60 day delinquent mark.
The lenders repurchase recourse (I personally know all too well) culminates at 36 months. So , some defaults go down and out in 4 months in California while others remain delinquent for over a year. The catch is the two profiles of trustor each go to sale at the 36 month mark.
Prepayment speed is measured by CPR or constant prepayment volocity set forth by Wall Street which is often in a five year range – where mass fallout becomes evident. Fallout can shift from period to period due to “R” Reversion “R” Refinance “D” delinquent “F” Foreclosure; the big four variables.
Consider the fraud in good times. . . Performing high risk “high” exposure loans are often prepaid early but as agreed due to rates flip flopping and an incestuous hyper active market. That receivables can only be replaced by the exact same profile of asset (loan). So a performing credit scored loan to date get replaced with a Hi LTV subprime “LIAR” loan. It gets paid and traded from Citi to Countrywide and now must be replaced again out of lost production into a new security.
As the market thins it is replaced by more new HI LTV subprime receivable or no way in hell “Liar” loans”.
Recourse buy back provisions are manageable for a Depositor or SPE and combinations -a loan for a loan, one at a time!
Where loan origination is plentiful all is stressful. When it slows up due to market conditions you fight even harder to originate more and more loans fulfilling the recourse provision of yesterday’s Trust fallout and fall further behind – for new trust commitments made by the investment banking and “futures” component.
Pretty soon the credit acceptance and ethics drops straight through the floor to make up any lost cash flows and ensure noout of pocket expenses.
Now the game is over and all the Countrywides of the world are left with is worthless underlying NIM securities. That’s the big payoff gone sour at 36 months in the life of a senior sub structure due to market collapse.
So now guess what? It’s time to cash in the chips (stock) and say good night! No modifications if Citi-Residential can help it because they are done. Lender sponsors are ready to clean the slate and throw in the towel which means time to CASH IN THE REMAINING STOCK HELD in anticipation for the next round or decade of bogus liar loan origination.
Modifications you see just cannot exist in this recovery and homeonwers are being dupped holding the bag at the end of the Ponzi!
Profits are driven by the recourse here and that’s the high payoff risk to reward! Only problem is no more Savings and Loans or Federal Savings Banks are left to masquerade as agency rated “covered” source of taxpayer capital.
And your tools such as the SPV, blank endorsements and MERS can no longer ethically support the “X” rated features of outer limits profitability. The profits came by way of FSB 20:1 leverage, Fed Fund borrowing at under 1.5 percent, a 10 percent wtd coupon and a Master Servicer who is blind to where the cash flows are randomly coming and going. One stream of cash is paid from one hand to supplement the other.
You cannot manipulate a stocks earnings and artificially interfere with a registration. Only ENRON can do that!
MSoliman
borrowerhotline.com
admin@borrowerhotline.com
________________________________________
To: ngarfield@msn.com / Enough silence and why today . . . I dont know!
Thanks again and let’s talk friday!
Philip S.,
I am not an attorney and therefore I am precluded from giving any advice that could be interpreted as being legal advice (UPL).
Having said that, I can definitely direct you to research sites where you can find information that may be relevant to your case.
Some research sites that may useful is LexisOne (its a free search for recent case law), Hieros Gamos, Rominger, and Findlaw. The Cornell Law Library website is also another great site.
As for researching AmJur, Restatements, etc., your local law library would be best. Most local rules, state rules of procedure, and federal rules of procedure are online.
One word of caution re: some federal courts. In my experience, check out the sites thoroughly because in some jurisdictions, the judges may also have their own rules. That’s the case in CA USDC Central, it’s very aggravating because you have not only search federal, state, and local rules, but you also have to search each judge’s website.
I miss living Atlanta because my office was next door to the 11th Circuit Court of Appeals and they have an excellent library. I used to spend hours and days in that library researching for memos of law.
Alina
“(6) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if—
(A) there is no present right to possession of the property claimed as collateral through an enforceable security interest; ”
This language IS interesting as it expressly states “no present right to possession.” In a DOT the only thing conveyed is legal title, NOT equitable title ergo you may be on to something. I have to draft and file an opposition to a demurrer and will be working most of the night but this is at least worth researching.
Walter Hackett, Attorney at Law
Philip,
I’ll have to check the code section you’re referencing but I”ve never heard of any federal law preempting state law when it comes to security interests in real property.
Walter Hackett, Attorney at Law
15 USC 1692i
Doesn’t that mean that non-judicial foreclosures are illegal if applicable?
Walter Hackett I sent you an email, tell me what you think about maybe filing in L.A. County
Alina
i have the same problem plus fdcpa violations & i might be having to go pro se. ANY advice would be oh so graciously appreciated
Remax Private Party Right? there was no credit reporting, excessive fees stuff like that right?
have not received the Original Mortgage or the Note yep sounds like them
very funny solimon
Florida Defense Team, on April 21st, 2009 at 6:40 am Said:
Anyone know if/where we can plug in MERS MIN# and
find history of security assignments and/or note “negotiations”? If so can we issue a subpoena duces tecum on (MERS) to produce the audit trail? Thank you.
that’s the same thing i’ve been wondering. i’ve asked mers they said they won’t give it up.
MJ,
How is that an MBS does not exist?
Alina
832.366.3526
Thanks Walter. I found this additional information here:
The mortgage loans were originated or acquired by CMI and in turn sold to CMSI. A special purpose corporation, CMSI, deposited the loans into the trust, which then issued the certificates. U.S. Bank National Association (rated ‘AA-/F1+’ by Fitch) will serve as trustee. For federal income tax purposes, an election will be made to treat the trust fund as one or more real estate mortgage investment conduits.
I guess the REMIC pass-through certificates, series 2008-1 is the Trust. I am not sure of the Investors other than the share holders of CitiBank. U.S. Bank is just the Trustee.
I am not sure at this time if this is a Non-Incorporated Business Trust by reference of the Special Purpose above.
Mortgage Audits
oliver@ipa.net
john
John,
US Bank is a defendant in quite a few of the suits we’ve filed. They’re dirtbags.
Walter Hackett, Attorney at Law
OK I found out with some persistence that the lady with Citibank gave me some wrong information and it is called CMSI REMIC.
CMSI (Citicorp Mortgage Securities Inc.) which buys mortgage backed security pools through the pass through certificates from the REMIC (Real Estate Mortgage Investment Conduit) which is a third party trust. This is U.S. National Association.
Is there anyone in this group that has dealt with this Lender and/or Trust?
Thanks,
Mortgage Audits
oliver@ipa.net
john
Thank you so much MJ.
I have requested through discovery all assignments, transfers, etc whether manual or electronic to be produced.
I would really like to run with this but without any authenticated documents , I am not sure how I will proceed.
There has a very big fishy smell to this loan from the time I requested a modification about a year and a half ago. Every time I spoke with the servicer, there was a different story. That is what started me on the path to have the loan documents audited. From there, I rescinded the loan after discovering numerous violations. Needless to say, the servicer has yet to respond to the 2 rescission letters and the 2 QWRs I sent.
Alina
Has anyone in this group heard of a Lender called CMFI Remax? The Servicer (Citibank) of this Loan I am auditing says that CMFI Remax is the investor, has no contact information in their files, no phone number, nothing. How about that? I asked where were they sending the checks to? No information in the file. Needless to say I will be sending a QWR out today.
Second issue same Note as above:
The Borrower asked at closing on this refinance which took place over 8 months ago for their original note be returned to them once the payoff was made. The Payoff went to Chase Manhattan MO. Chase was the Servicer not the LENDER.
They have not received the Original Mortgage or the Note. We are in the process of filing a suit to produce the Original Money Purchased Note and Mortgage and an Injunction to stop all payments on the refinance as they believe that the first Note was never paid off.
There are issues to which they are rescinding the refinanced loan.
Any comments welcomed!
Mortgage Audit
oliver@ipa.net
john
Alina:
According to the database I use that particular MBS does not exist. There are 5 or so that come very close though…I took the liberty of checking to see if you were in any of those and you were not.
How a Trust that does not exist can foreclose on you property escapes me.
Florida Defense Team:
I think you want the MERS MIN MILESTONE REPORT
It is an internal report that lists all the electronic transfers on the MERS system. It will also include some other good information that you can use.
Ask for it in Discovery.
Anyone know if/where we can plug in MERS MIN# and
find history of security assignments and/or note “negotiations”? If so can we issue a subpoena duces tecum on (MERS) to produce the audit trail? Thank you.
Nominee accounts transact paperless with faster settlement periods and lower commissions than certificate deals. The role of the nominee enables domestic small investors to gain access to derivatives such as warrants and contracts for difference, to exercise various types of order, and to buy shares on margin.
There is little or no risk of loss to certificates. It is also possible to obtain an instant valuation of a whole portfolio.
The fact is the Nominee does not have the obligation to execute a corporate assignment where facilitating activly traded bundles of securities.
The deed of trust is not the same type of security.
msoliman
admin@borrowerhotline.com
http://www.borrowerhotline
Philip S., on April 20th, 2009 at 3:47 pm Said:
Question if I had a federal case pending would that prevent a servicer from foreclosing?
TRO and pending motion for an Injunction?
Jeopardy
Question if I had a federal case pending would that prevent a servicer from foreclosing?
MJ,
You stated that 2005-6 does not exist. So U.S. Bank is a trustee on behalf of a trust that no longer exists?
How do I get certified copies of the trust documents evidencing the fact that 2005-6 no longer exists?
I am thinking a 2nd Motion to Dismiss is in order.
Alina
MJ,
No, that’s not me. My loan is not a negative amortization, at least, not that I’m aware of. It’s an ARM w/beginning interest rate @ 7%. Original loan amount was $180,000.
LTV was 90
Balance way be well over 200K if they are including past interest due from Dec. 2007.
Thanks,
Alina
Is this you?
Group G2
Loan Type NegAm Jmb A
Account #0900003600
Month entered foreclose Apr-2008
First Payment Due 01-Jul-2005
State FL
LTV 80.00
Loan rate 3.625%
Original Balance168,000.00
Current Balance 172,483.05
Last Payment date 01-Oct-2007
Months delinquent 15
Inererst delinquent 15,056.25
One more item on the “business trust” issue:
Management:
A Delaware statutory trust is managed by, or under the direction of, its trustees unless the trust agreement provides otherwise. Management of a trust may be delegated by the trustee(s) or may be vested directly in an agent of the trustee.
Formation Requirements:
A Delaware statutory trust created by a trust agreement is formed upon the filing of its certificate of trust. A certificate of trust must be signed by all of the trustees. A Delaware statutory trust that is, or will become, a registered investment company must maintain a registered agent and registered office within the state. Otherwise, a statutory trust must have at least one trustee who resides in, or has its principal place of business in, Delaware.
Alina
MJ,
MIN#1001532-1050402358-9 (interesting – MERS has the closing date at 5/13/2005 which is 4 days before the closing docs were signed)
State: Florida
Balance: $175,000.00 (approximate)
Loan Number: 1050402358
Thanks,
Alina
Here is more info on the infamous “busienss trusts.” As stated before, Delaware now calls the “business trusts” statutory trusts.
Here is an excerpt from the Delaware Statutory Trust Act:
(g) “Statutory trust” means an unincorporated association which:
(1) Is created by a governing instrument under which property is or will be held, managed, administered, controlled, invested, reinvested and/or operated, or business or professional activities for profit are carried on or will be carried on, by a trustee or trustees or as otherwise provided in the governing instrument for the benefit of such person or persons as are or may become beneficial owners or as otherwise provided in the governing instrument, including but not limited to a trust of the type known at common law as a “business trust,” or “Massachusetts trust,” or a trust qualifying as a real estate investment trust under § 856 et seq. of the United States Internal Revenue Code of 1986 [26 U.S.C. § 856 et seq.], as amended, or under any successor provision, or a trust qualifying as a real estate mortgage investment conduit under § 860D of the United States Internal Revenue Code of 1986 [26 U.S.C. § 860D], as amended, or under any successor provision; and
(2) Files a certificate of trust pursuant to § 3810 of this title.
Alina
Paula Rush is also quite adept at finding out where loans that have been “securitized” are hiding. You should be able to find her contact info on the Inet and, if not, let me know and I’ll send it to you.
Walter Hackett, Attorney at Law
whhackett3@hackettslaw.com
Alina:
According to ABSNET
Credit Suisse First Boston Mortgage Securities Corp.
Adjustable Rate Mortgage-Backed P/T Cert
Series 2005-6A
(Series 2005-6 does not exist.)
If you give me your mortgage number, balance and state you are in I can tell you if you are in the MBS and other pertinent facts.
MJ,
Interesting. So if it was securitized, is it still held by the HEAT 2005-6? or is HEAT 2005-6 defunt?
Alina
Mr. Hackett,
This is what I am trying to get at. Florida case law states that a Trustee of a business trust cannot foreclose without joining the trust.
Alina
Okay I found it, I will send you the last update (4/20/09) for the MBS.
Also the sub means the MBS was about to defualt or did and it was re-securitized by adding some type of credit enhancement.
MJ,
Sorry, that’s not the right one. It’s CSFB HEAT 2005-6. According to their SEC filings, they stopped filing in January 2006.
However, they are currently listed as a sub-HEAT of 2006-6. Whatever that means.
I am trying to locate the formation charter. I requested it in my R2P. I believe it was organized under the laws of Delaware.
Alina
I think this may be it…you should get an audit done to figure all this out.
CS First Boston Home Equity Asset Trust (HEAT) NIM 2005-4N 37
Alina:
I just checked out the trust. It is a Real Estate Mortgage Investment Conduit ( REMIC) Mortgage backed security trust.
Alina:
Most states require trusts to be established according to the laws of that state. Usually if you are a lawyer or a bank your are exempt from registration. Check the statutes under banking and finance for more detail on “Trusts”.
All other must be registered and approved, to operate a trust in the state.
The question is this: is foreclosing on a property owned by the Trust considered operating an unlicensed Trust in the State?
Alina,
The national banking act would probably short-circuit any claim US Bank cannot do business in Florida (thanks Congress). With that said however if the “trust” is in fact or as a matter of law deemed a legal person then I would contend the trust itself must be duly registered to conduct intrastate business as required by the laws of the state in which it is conducting such business.
Walter Hackett, Attorney at Law
Mr. Kop,
I Googled “business trust.” after reading the entire Corcoran v. Brady decision.
Corcoran v. Brady is a case that used a lot in the defense of Florida foreclosure cases, however, not using the “business trust.”
Corcoran deals with a business trust that was organized under another state’s laws but which was qualified in state, brought suit to foreclose mortgage payable to trust. The Fourth DCA held that the action could not be maintained by trustees alone, but, rather, it was required that trust be made a party plaintiff. The DCA cited a previous case,
From Corcoran:
A business trust, variously known as a common law business trust, a Massachusetts Trust, a joint-stock association, or a syndicate, is described in an extensive annotation, Massachusetts or Business Trusts, 156 ALR 22, as follows:
“a business trust is an unincorporated business organization created by an instrument by which property is to be held and managed by trustees for the benefit and profit of such persons as may be or become the holders of transferable certificates evidencing the beneficial interests in the trust estate.” At 27.
Additionally research indicates and points to the fact that these Home Equity Asset Trusts could be characterized as busienss trusts. Most of these trusts were organized in either DE or NY. In checking the Delaware codes, Delaware now calls busienss trusts statutory trusts.
My question is, since no one has looked at this from this point of view, am I on the right track that this could very well be a very good defensive tool in the State of Florida?
In my case, the plaintiff is U.S. Bank, as trustee of HEAT 2005-6. U.S. Bank is not registered to do business in the State of Florida. Florida Statute 609 (Common Law Declarations of Trust) as well as Statute 660 (Trust Business) set out the procedures for a trust to conduct business.
Alina
832.366.3526
Fight foreclosure,
I’m not sure where you’re located however there really isn’t a question of “flow” in CA. There is also no requirement that a foreclosing trustee be in possession of the Note. The question is whether the putative beneficiary is, in fact and as a matter of law, the beneficiary as that term is set forth in CA Civil Code section 2924(a)(1)(C). Also, per UCC Article 3, Notes cannot be “transferred” they must be “negotiated” for good and valuable consideration (though they can be “assigned” under Article 9 if they, themselves, are hypothecated as collateral for a loan). Transfers of the beneficial interest in a deed of trust are another matter however the “beneficiary” named in the deed of trust and the “beneficiary” according to California law may not be, and often are not, the same parties. Judge Bufford’s analysis of California law in this regard as set forth in his opinion in In Re: Vargas is both precise and exceptionally well articulated. If more state court Judges in CA understood CA law as well as Judge Bufford we’d be stopping thousands more non-judicial foreclosures every week. Since at least 1855 the law in CA has been clear, any transfer of a deed of trust or mortgage to a party without a corresponding negotiation of the obligation secured by such deed of trust or mortgage, is a NULLITY.
Walter Hackett, Attorney at Law
msoliman, Lender to Mers and from Mers to Trustee doesn’t flow. No but Lender to Trustee in a recovery using MERS as a Nominee will work. … I agree.. but the transfers still have to be documented and they still have to prove they “own the note” and have standing to enforce.
What is happening right now with the administration has no bearing on the flaws in the business practice of past actions/deeds, how can one get around “back dating ” to repair the flaws, that have already happened
How can they fix what is irreparable
Alina, your email isnt working, please go to my site and send an info request
google: business trust. do your homework. it really is that simple.
COMMENTS: Lender to Mers and from Mers to Trustee doesn’t flow. No but Lender to Trustee in a recovery using MERS as a Nominee will work.
Trustee is owner of the derivitives from the cash flow the note ylelds. The originator cannot own the assets it fronts on behalf of the Party that provides the capital financing for the transaction.
Those two entites both share ownership of the sources of caopital.
The originator provides the Trust its structure to insulate the S&L ooops I mean FSB from FIRREA legislation and prohibitions against high leverage low cost of funds capital sourcing using insured governmet funds.
The effect of the problem is the ripp off of American homeowners equity and stripping of capital away from world investors.
The cause is the Federal Savings Banks allowing their owners to faciliate the unethical high cost high delinquency loan originations and administrative roles and activity under a properly registered Trust involving a Pass through Trust is a sham
These are legally authorized bankrupt insulate SPV’s.
The participants are encouraged to orginate and service (collect) on buisness obtained by members of the trust who are claiming they are bankrupt insulate.
The focus of the current adminsitration is to replenish the cash needed to provide the TRUE sources of capital , the FSB instituions adequate reserves in the after math and to bring them in line with competant regulatory requirements for liquidity and reserves.
Why do we still continue to waste time dealing with a flat tire whee the bus is inoperable.
msoliman@borrowerhotline.com
admin@borrowerhotline.com
M Soliman:
Thanks for the response. As far as I know any attempt to involve a bank with a state predatory lending claim will never survive a motion to dismiss. The OCC occupies the enitre space on lending by Banks (National Association). The tide is turning though…
The OCC may find itself — and the other banking agencies — in a similar quandary as a result of the Watters v. Wachovia decision which exempts operating subsidiaries of national banks from state consumer protection laws.
Congressman Barney Frank, Chairman of the House Financial Services Committee, and Congressman John Dingell, Chairman of the House Energy and Commerce Committee, sent a joint letter dated May 11, 2007, to the federal banking regulators and the Federal Trade Commission, suggesting that if the federal banking agencies don’t step up to the plate with stronger consumer protections following the exclusion of the states from this field, Congress may give this authority to the FTC instead of the federal banking agencies.
Alina,
It is my personal understanding, based upon my limited experience with business trusts while I was still working in the financial services industry, that “business trusts” are creatures of statute and are not provided for at common law. Accordingly, I would recommend you consult with an attorney licensed in the jurisdiction where the putative “business trust” was formed, to ascertain whether such entity was formed as required by the laws of the state in which it asserts it was formed.
I offered Mr. Cronin’s name as Mass. is one of the states that permits the creation of these “entities” and I suspect he can put you in touch with a Mass. attorney who can opine as to any issues involving the formation and operation of such an entity. My personal experience was with a “Business Trust” formed and domiciled in Mass. that was seeking credit from one of my employers. Though I never worked for a bank “as” an attorney I was often consulted by loan officers who knew I could provide them with a response much more quickly than our outside counsel. Unsurprisingly they rarely liked the information I provided and would, literally, tell me “Well, you’re not the bank’s attorney so I don’t have to listen to you.” To which I ALWAYS replied, you’re absolutely right!
Take care,
Walter Hackett, Attorney at Law
Fight Foreclosure:
I am in Orlando. I am now in the discovery phase of my litigation. You can email me at virabi0786@yahoo.com.
I would love to discuss ideas and tactics with you.
Alina
Mr. Hackett.
I phrased my question incorrectly. I am not interested in starting a business trust, but rather, I want to know if these securitized trusts could be characterized as business trusts a/k/a Massachussetts trusts.
Florida is one of those states that recognize business trusts. Here is part of Florida Statutes Sec. 660 (Trust Business):
660.27 Deposit of securities with Chief Financial Officer.–
(1) Before transacting any trust business in this state, every trust company and every state or national bank or state or federal association having trust powers shall give satisfactory security by the deposit or pledge of security of the kind or type provided in this section having at all times a market value in an amount equal to 25 percent of the issued and outstanding capital stock of such trust company, bank, or state or federal stock association or, in the case of a federal mutual association, an equivalent amount determined by the office, or the sum of $25,000, whichever is greater. However, the value of the security deposited or pledged pursuant to the provisions of this section shall not be required to exceed $500,000. Any notes, mortgages, bonds, or other securities, other than shares of stock, eligible for investment by a state bank, state association, or state trust company, or eligible for investment by fiduciaries, shall be accepted as satisfactory security for the purposes of this section.
If my reading of Corcoran v. Brady is correct, then a business trust in Florida cannot foreclose unless it has authority from the state of its origination.
This would be a very strong tool, it I am on the right track.
Please advise.
Alina
Alina, where are you, in florida? I would like to speak with you. As you wrote in you last post This is one tactic I used in my motion to dismiss citing both Corcoran, and Wiley, Just to name a few items in my filing. I haven’t heard a peep from LaSalle Bank, the “Trustee” of their so called representative since I filed.
I will let everyone know what happens.As I questioned the logic, authority and legality of “holder in due course” following the missing links in the chain: Originating lender to Mers and from Mers to Trustee doesn’t flow, especially if they try to back date the recorded documents
I also leaned pretty heavy on HON. DONALD SCOTT KURTZ, Justice, Supreme Court, At Part 26 of the Supreme Court of the State of,New York, Kings County on the 3rd day ofJanuary, 2008,Index No.: 2273312007
and his DECISION/ORDER “In view of the foregoing, the Court finds that plaintiff had no standing to commence this action.
Plaintiffs application for a default judgment and order If reference is hereby denied and its complaint
is hereby dismissed sua sponte.
The foregoing shall constitute the Decision and Order of the Court. ”
This decision as well as the cases he cited in his decision I thing are somewhat ground breaking.
“Death to MERS” (LOL) Good luck to all of us!
Double Helix. FIRREA. Nuff said.
email me. if I dont reply asap. call n leave message
213.625.2211 x 1112
or my assistant Bobbi
310.990.0966
I have a cousin who’s licensed in Mass. (used to work for the State Auditor’s office) and have asked him about these in the past. Last time I checked there were only two states that had authorized such “trusts.” I can put you in touch with my cousin (actually a cousin “in-law”) but I don’t know that he does any sort of business law. Let me know if you’re interested. His name is Steve Cronin and his office is located somwhere near Scituate.
Walter Hackett, Attorney at Law
Has anyone researched “business” or “Massachussetts” trust? Below is what I found:
The U.S. Supreme Court defined a “business trust” or “Massachusetts Trust” as a form of business organization comprising of an arrangement wherein real estate (or other assets) is transferred in title to one or more trustees, pursuant to written trust provisions. Business trusts, on the other hand, often involve trusts created by beneficiaries as a device to carry on a profit-making business and thus do not involve a trust created by a settlor to simply protect or conserve property for beneficiaries (Treas. Reg. ß 301.7701-4(b)). In business trusts, the object is not to hold and conserve a particular property, but to provide a medium for the conduct of business and the sharing of profits. The court held that the nature of a trust as a business organization is to be determined primarily from the intent of the parties as manifested in the terms of the trust agreement. Koenig v. Johnson, 71 Cal. App. 2d 739, 163 P.2d 746 (1945)”, as cited at In the Interest of Green Valley Financial Holdings, Colorado Court of Appeals No. 00CA2060, August 16, 2001.
As yet, no Florida case has held that the trustees of a business trust can maintain suit on a note and mortgage payable to a trust, absent statutory authorization in the state of its origin. Corcoran v. Brody, 347 So.2d 689 (Fla App. 1977).
Willey v. W. J. Hoggson Corporation, 90 Fla. 343, 106 So. 408 (1925), contends that since the note and mortgage involved in this litigation are payable to a business trust, any action on those instruments must be brought by all the members of the trust, not just the trustees.
What are your thoughts?
Alina
John,
Unfortunately it’s a state case filed in Los Angeles County. The case number is KC053480 and it was filed in Pomona where the Courthouse for the Eastern District of the Los Angeles Superior Court is located. Feel free to have any attorney you’re working with email me and I’ll be happy to send them a copy. Do be advised most of the Causes of Action are based on California rather than federal law.
Walter Hackett, Attorney at Law
walter@hackettslaw.com
INDEPENDENT TRUSTEE(S):
The TRUSTEE(S) of a REIT (CDO structure) who are not associated and have not been associated within the last two years, directly or indirectly, with the SPONSOR or ADVISOR of the REIT.
A TRUSTEE shall be deemed to be associated with the SPONSOR or ADVISOR if he or she owns an interest in the SPONSOR, ADVISOR, or any of Their AFFILIATES; or is employed by the SPONSOR, ADVISOR or any of their AFFILIATES; or is an officer or director of the SPONSOR, ADVISOR, or any of their AFFILIATES; or performs services, other than as a TRUSTEE, for the REIT; or is a TRUSTEE for more than combined REITS organized by the SPONSOR or advised the ADVISOR; or has any material business or professional relationship with the SPONSOR, DEPOSITO, ADVISOR, or any of their AFFILIATES.
For purposes of determining whether or not the business or professional relationship is material, the gross revenue derived by the prospective
INDEPENDENT TRUSTEE from the SPONSOR and ADVISOR and AFFILIATES shall be deemed
material per se if it exceeds 5% of the prospective
INDEPENDENT TRUSTEE’S:
i. annual gross revenue, derived from all sources, during either of the last two years; or
ii. net worth, on a fair market value basis.
c. An indirect relationship shall include circumstances in which a TRUSTEE’S spouse, parents, children, siblings, mothers- or fathers-in-law, sons-or daughters-in-law, or brothers- or sistersin-
law is or has been associated with the SPONSOR, ADVISOR, any of their AFFILIATES, or the REIT
MSOLIMAN
BORROWEHOTLINE.COM
ADMIN@BORROWERHOTLINE.COM
Thanks Walter for your comment. I understand what you are saying.
Would it be possible that I could get a case number to pull up on Pacer your HSBC case?
Mortgage Audits
oliver@ipa.net
john
It’s been awhile since I “AmJured” Wills & Trusts however my thoughts are that a “Trustee” of this type of trust could not be a beneficiary of the Trust or owner of any beneficial interest in its assets. With that said, Trustees of most trusts hold “legal” but not “equitable” title to trust assets and it is for this reason they can be sued in their capacities as “Trustees.” HOWEVER, I am NOT licensed in NY or DE and thus cannot state I have any substantial familiarity with “common-law trusts” in those states. Even so it would be contrary to logic to permit the creation of a trust in which no one holds legal title to the trust corpus else it would seem impossible to bring an action against the trust .
Walter Hackett, Attorney at Law
Hi Walter,
Hope you are having a great weekend. Thanks for this comment. I just got a foreclosure case in Alabama with a new attorney going against HSBC.
It is my understanding that a Trustee can not own an interest in a Trust in that they have to stay an “arms” length as said by the IRS.
If the Trustee owned any interest in the Trust then it would no longer be a Trust but a Partnership.
Mortgage Audits
oliver@ipa.net
john
HSBC’s role in most of the suits I file in which they are named is, purportedly, as Trustee of some alleged “common-law” NY or DE trust. They are presently parties in such capacity in a case before Judge Dan T. Oki (Eastern District, Los Angeles County Superior Court) in which I recently filed a third amended complaint. The amended complaint includes all but one of the causes of action alleged in the original complaint. The remaining 13 causes of action have either survived demurrers outright or we were given leave to amend. I now believe I can obtain an order overruling any future demurrers in their entirety.
I remain unconvinced that “Trustees” of these purported “Trusts” are, in fact, legal owners of any loans “deposited” into the Trusts. Every PSA I’ve read so far indicates the “depositor” received Certificates with no par value as “consideration” for the loans. I do not believe this modern day Monopoly Money is sufficient consideration under Article 3 of the UCC. Hopefully we’ll be able to raise this issue in the near future.
Walter Hackett, Attorney at Law
I have been trying to find an Attorney to help fight for my home. I wrote every one in California on this site, but no responses they would take my case. After a year of trying to work with my lender I know now my lender WANTS to foreclose!! Deutche bank in the investor. PLEASE I need to find an Attorney who not only gets it, but is willing to fight along side me to save my family home. Thank you ever so much, Catherine
Does anyone have any info on HSBC. I know there was a 2003 lawsuit that HSBC settled somewhere in the neighborhood of $400 Million for Predatory Lending, but anything more recent? Has anyone actually sued them that maybe wasn’t in foreclosure distress but found discrepancies?
MJ
I am intimatley familiar with the First Alliance et al settlement — (Brian C is someone I still consider a friend). But they agreed to pay up to $60 million to settle accusations by the Federal Trade Commission that it had defrauded roughly 18,000 people. That settlement also called for Mr. Chisick and the ‘PARTNER” of First Alliance, its largest shareholders, to personally contribute $20 million to a compensation fund for defrauded homeowners
Predatory is a prejoritive term and as a catch all, I can see why counsel needs more information. No breech or tort is found adjacent predatory lending charges in Blacks.
Note: If there exisit 10 commandmants for avoiding predatory lending we may gain more insight and of course would need to start at number one. (With a little coaxing I wll give you the other 9 later).
For now, Thou shall not conceal extremely high fees and escalating interest rates.
Back to the case study – At the time, the First Alliance settlement was by far the largest the federal agency (FTC) had ever obtained in what was called by prosecutors a . . . “Predatory Lending” case.
Prior to filing for bankruptcy it was a subprime mortgage lender operating in 18 states while servicing nearly $900 million in loans. Most borrowers had difficulty obtaining loans from other sources due to poor credit ratings or insufficient credit histories. Many were homeowners who secured loans with their first mortgages.
The class suit prevailed and the FTC won alleging First Alliance, was using “sales tracks” to misrepresent loans, engaged in fraudulent and …PREDATORY LENDING practices. . . IT’S PARTNER WAS LEHMAN.
MSoliman
admin@borrowerhotline.com
M. Soliman:
Can you cite to a specific code with respect to predatory lending that would apply to Lehman?
thank you
MJ
*** NON SECURITIES PRACTICE ATTORNEYS
BY: MSoliman
MERS policies and procedures serve the SEC and follow FASB guidelines for a nominee under a registered securities and shelf registration. The mortgage or trust deed is a security (not the same) and the procedures for the lawful transfer of the asset are typically handled by a trustee.
Nominee is the entity named or appointed by another (the nominator) to act on its behalf in a limited capacity or in a specific matter. The entity (the registered owner) in whose name securities are recorded and held under a custodial agreement with the actual owner (called beneficial owner). Such arrangements are used where the beneficial owner is abroad, wishes to conceal his or her identity, or to facilitate a trade or collection of income from several securities. Banks, brokerage houses, and trust companies are usually appointed registered owners. Use of nominees, however, does not alter the position of the beneficial owner with regard to tax liabilities and reporting requirements.
The definition for a security and equity or debt issuance are far different and more then less opposed to the handeling requiirements of a stock, denbenture, bonds or deriivitives.
The SEC is a Wall Street enforcment agency and is completly opposed to the regulatory enforcemnts by HUD.
NLS is sonsoring a full time effor to educate consumers of their rights for proper enforcemnt of the law. This is in order to permit securitizers to better conform to SEC guidelines and reporting requirements under GAAP and administered by FASB and under RESPA and HUD.
I will submit however that HUD continues to still have the last say in a lawful conveyance of a lenders inteterst in a default. Seems to me the government has a difficult proposition to consider.
msoliman
Administrator
Borrowerhotline.com
A thought just came to mind with regard to MERS – the nemo dat rule (one cannot give away what one does not possess).
Thoughts???
Alina
I would like to get in on MERS – I have a case pending in Illinois and soon 2 in Florida that has MERS as a co-defendant. My cases include RICO
Mike Linton
PRO SE Plaintiff
mrlinton82@aol.com
I can vouch for Alina and have seen her writing samples and her research ability. She rocks and would be a great virtual paralegal for anyone.
Mr. Kop and Mr. Hackett,
I am willing to volunteer as a paralegal on any class action against MERS and any of the other players.
I have 20 years experience as a civil litigation trial paralegal working on cases in the federal courts, CA courts, Florida courts, Georgia courts, and Texas courts.
Alina
I encourage anyone with PACER access to take a look at a case just filed against a host of evil lenders in the Southern District of CA. I helped a bit with identification of some of the factual bases for a few of the allegations in the Complaint. The case number is 09-cv-0731 BTM The first named plaintiff is Edward Deperio. The complaint is huge but, as Dean Webb explained, this is to ensure the multiple RICO COAs are sufficient to survive a Motion to Dismiss.
Walter Hackett, Attorney at Law
“DEATH TO MERS!” This MUST become one of our rallying cries (maybe we can throw in “long live justice” as well). An attorney who is co-counsel on nearly all of my suits and I are planning to bring a 17200 action directly against MERS ASAP. I just need to get about a 4 hour block of time to outline the legal issues and identify the cases that support our attack.
Walter Hackett, Attorney at Law
Steven,
As a paralegal I would like to make a comment here on your attempt to attack this Beast.
I know some folks in Texas that funds class actions. If there is any interest in my involvement would like to speak with you about this….
Mortgage Audits
john
Good Luck Walter
JD,
I can only speak as to CA matters however it’s my view any non-judicial foreclosure would be rendered null and void if we were to, for example, put MERS out of business and a court were to rule ANY Deed of Trust in which MERS was a beneficiary is/was void ab initio. Such a ruling would not help folks whose homes have actually been sold to BFPs post-foreclosure however, if the house hasn’t been sold, I believe the Trustee’s Sale would also be deemed a nullity and set aside. Please confer with a licensed attorney in your state to obtain an opinion regarding possible outcomes there.
Walter Hackett, Attorney at Law.
And what would such a Class Action do for those of us who have been through the ringer already?
How about a Class Action against the Fed for Mismanagement of Federal Tax Dollars.
Considering 300 million( or shall I say the lower 97%) people could have used, oh lets say, $50k to $1.0m as a stimulus based on their payment history of taxes. Could you imagine the spending that would have happened, new cars, loans paid off, entrepreneurial ventures started, oh the thought of it makes me want to buy a gun.
The Gov could have called it the “We’re Sorry for F*******g You Plan”. It would have been WAY CHEAPER.
But no, alas the Credit Beast that binds you forever to them bastards… God forbid that the little guy get’s his due.
Ok ok sorry for the rant… now about that Class Action…?
Best wishes,
JD
Steven,
I MAY have some sources to bankroll such a case. No promises but I’d be willing to talk with them.
Walter
Walter, I’m admitted to all Calif Federal Districts. Class actions as you know are HEAVY LIFTING requiring FUNDING.
But a little birdy told me that EVERY foreclosure in the State of California (and likely elsewhere) is WRONGFUL. Due diligence is ongoing. More later.
Steven K. Kop
Attorney at Law
bluejaylaw@gmail.com
Steven,
I’d say Northern first and Central second. I’m admitted in the Central and Southern and am more than game.
Walter Hackett, Attorney at Law.
Correction:
What I meant to say in the immediate post below instead of “HDC” (which is also critical) is:
“BFEV” (bona fide encumbrancer for VALUE)
this is a key to DESTRUCTING MERS and the putative “lender”
Steven K. Kop, Esq.
Correction:
What I meant to say in the immediate post below instead of “HDC” (which is also critical) is:
“BFEV” (bona fide encumbrancer for VALUE)
this is a key to DESTRUCTING MERS and the putative “lender”
Steven K. Kop, Esq.
Need help – trying to find an attorney in California ASAP
Looking for one who “gets it”
Do you have a referral list?
Fighting Opiton One
Important driving tip:
the break in the HDC chain should bring the whole thing tumbling down.
Who wants to do the class action with me?
Feddy Court. Which district is optimal for this?
Steven K. Kop, Esq.
I’m off to try and stop a sale via TRO, please wish me luck all!
Walter Hackett, Attorney at Law
Steven,
You’re spot on about MERS. Between Bufford’s rulings, another by a Missouri appellate court and rulings obtained by, among others, April Charney in Florida I believe there’s no longer any doubt that MERS is NOT and can’t be a Holder in Due Course. I’m planning to use their own claims in a case they appealed to the Nebrasak Supreme Court to try and judicially estop them from saying anything to the contrary.
Walter Hackett, Attorney at Law
This might be the portal between the two universes of commercial law (negotiable instruments) and mortgage law (whether judicial action state or power of sale state)
I have come to the conclusion that MERS is not, cannot be an HDC (“holder in due course”). Think about it.
Steven K. Kop, Esq.
bluejaylaw@gmail.com
(email me first with your “brief” story;
then I’ll tell you how to call me)
This from a friend who is hot on the trail of MERS. Interesting article:
MERS Was Set Up By Lenders To Handle Predatory Loans & Keep Their Hands Clean, Says Reno Attorney
In Reno, Nevada, KOLO-TV Channel 8 reports:
* A local woman wins an 11th-hour temporary restraining order halting the foreclosure on her home. Her attorney says her case could be the key to keeping thousands more in their homes.
***
* [Attorney Bob] Hager says the real significance of this case is that, in addition to Executive Trustee Services and GMAC Mortgage, it exposes and names MERS…the Mortgage Electronic Registration System which he says was set up by mortgage banks and AIG to handle predatory loans while keeping their hands clean. “It was set up to conceal from the public, regulators and the courts the actual owners of these deeds of trust. When they figured out how to make money off of bad loans, they brakes were off and they started writing these bad loans as fast as they could so they could get them into the hands of investors without worrying about the risk associated with these loans going into default. They needed MERS to do that.”
* Now Hager says MERS is the important target. “If these MERS deeds of trust are unlawful as we contend in lawsuits here, and in Arizona and California, we could stop 70 percent of the foreclosures across the country.” A hearing on [his client's] suit is set for April 27 in Reno Federal Court. In the meantime, she can breathe a little easier, but relaxing is still a long court fight away.
Here is a link to the full story:
http://www.kolotv.com/home/headlines/42938942.html
Happy hunting.
Linda
Hi Bart,
I am in Arkansas. I have cases in Vermont, Mass, Texas, Arkansas, Georgia, California, Florida, Pennsylvania, Ohio, Minnesota, Nebraska, and other states. Let me know how I can be of service.
Thanks,
John
oliver@ipa.net
Mortgage Audits
Bart,
Where are you located? Though most of the attorneys in my group are in CA we also have members in Florida, Mass., NY, PA and IL. If you are in one of those jurisdictions and would like the name of one or more of the attorneys please email me at whhackett3@hackettslaw.com
Best regards,
Walter Hackett, Attorney at Law
M. Soliman:
Can you cite to a code with respect to predatory lending that would apply to Lehman?
thank you
MJ
I am still looking for a good atty. I have been in issues with my loan mess for awhile now, as I find edivence to the issues the loan broker or bank covers it up, i cannot get any satisfaction. I fell I am being blited into forcloseure on unjust terms, on one will help me, I cannot find a good legal repestentive out there, can ANYONE help????
Floridians who are underwater or in Foreclosure -
Ask your “foreclosure defense” attorney if they will post there “scorecard”. I didn’t think so.
But we will:
Foreclosure Cases 2007-2009 : 16
Lenders Who Presented falsified doc’s& case is frozen (mean >12 months): 14
Mortgage/Taxes/Ins Saved: $168,000
Dismissals: 1
Judgment (couldn’t save): 1
PREDATORY LENDING ANALYSIS
The Examiners Report and Notice Made to the Lender
By MSoliman
With respect to any Lehman Originated Mortgage Loans, the Seller will make representations and warranties similar to those set forth above to the Depositor in the Sale and Assignment Agreement. These findings are taken from an actual Lehman offering prospectus.
Originated Mortgage Loans. NLS has audited the income and done an analysis (much left out). First, the following underwriter line items must be verified when developing a predatory case against the lender and arguing a wrongful foreclosure.
The examiner will seek the acceptable verification thereshold to establish the income used to qualify the borrower at settlement.
Actual income is verified using all available and applicable sources. Examples are
Signed Verification of Employment /
Verbal VOE, Verification of Employment –
Prior Employment ,
Year to Date Check Paycheck Stubs ,
Most Recent 2 years W-2’s ,
Most Recent 2 Years
Singed 1040’s
Most Recent 2 Years K-1’s signed,( if a partnership/1065) ,
Recent 2 years Corporate Returns 1120’s
Herein is a small sample of the large amount of detail we must provide the client and counsel as intended to for submission in a civil matter and court exhibits. The example below depicts damaging evidence for a real case where the borrower “Debt To Income” (DTI) is currently in excess of 100% of all available income.
INCOME ANALYSIS
Front End Ratio 99.98%
Back End Ratio 113.97%
Excess over Guidelines
Front End Ratio -71.98%
Back End Ratio -75.97%
In the analysis (below) you can see the results from examiner findings when using the lower 28% government approved ratios.
ITEMS TOTALS
QUALIFYING $4,816.00
LOAN ORIGINATION 28.00%
AFFORDABILITY $1,348.48
LOAN QUALIFYING $231,168
LOAN TOTALS $825,600
EXCESS FUNDING -594,432.
The difference is affordability shown as a raatio and is in excess of 75% total debt to income. If our corrections are supported (to sell to the judge) we have a negligent and highly predatory loan. A modification or award might be contemplated at the $600,000 figure.
The reason being the loan funded in excess of nearly $600,000 shown as “Excess Funding”.
The debtor is in default and arguments fall under a lenders stated income and stated assets (SISA) program. The acceptance criteria is shown in there own “Published” lender guidelines.
According to a SEC prospectus, this condition must be reprted within the period of time specified in the Trust Agreement following its discovery or notification of a breach of any representation or warranty that materially and if it adversely affects the interests of holders of Offered Certificates in a Mortgage Loan, or receipt of notice of such breach.
If so, the applicable Transferor or the Seller, by way of our example will be obligated to cure such breach or purchase the affected Mortgage Loan from the Trust Fund for a price equal to the unpaid principal balance thereof, plus accrued interest thereon, plus any costs and damages incurred by the Trust Fund associated with any violation of applicable federal, state or local anti-predatory or anti-abusive lending laws (or, in certain circumstances, to substitute another mortgage loan).
This begs the question of what happens in a obvious breach when the lenders counsel is show an abusive lending pattern , such as overfunding and misaligned income analysis. Everyattempt should be made prior to delinqunecy to put the lender on notice and to track where the lender does not communicate these claims to the master servicing agent or trustee. SARBOX tells us transparency compels a lender to disclose these issues throughout the life of a loan and therein we could see some top level executives coming under a grand jury indictment. Its a fact that a lenders management in a MBS (securitiy) structured platform is made aware of the mandatory obligation to report loan impairment with or without a looming default.
admin@borrowerhotline.com
http://www.foreclosureinfosearch.com
*S*T*A*Y fr. WRIT OF ATTACHMENT / TWO SEPERATE MATTERS!
Bank of NY (Trustee) V. Medina for whatever it’s worth ….another judgment set side -court agreed to motion to set aside and set-aside for a new hearing / trial.
Property was recovered under a set of improper notices causing the deed to be allegedly defect according to NLS findings under California code and provisions for a power of sale.
Borrower – property went to sale over 60 days ago. NLS produced the case development to counsel and 30 day stay under an lSEAA and holdover was to vacate subject to the writ of attachment in 24 hours – pending an OSC hearing.
The trustor will now (through counsel) file an action for wrongful foreclosure and as plaintiff , counsel will seek to consolidate on grounds of the servicing agent representing the trust failed to comply with code under 2923.5 and other violations by substituted trustee under 2940. Now trustor has 30 days to remain home file and argue for consolidation of the cases.
The power of sale provision is strict and limits the substitute to a zero tolerance threshold.
admin@borrorhotline.com
BORROWERHOTLINE. COM SUPPORTS LIVINGLIES AND ITS EFFORTS AGAINST THE LENDERS LOBBYING EFFORT AND OPPOSSITION TO GOVERNMENT GUIDELINES.
Neil and LL readers:
My tele no. has dysfunctioned.
For the interim, please email me first, and I will return the call.
You can call 213.625.2211 and ask for me by name or leave a message.
I hope to have more helpful guidance soon.
Steven K. Kop
Attorney at Law
bluejaylaw@gmail.com
I have referred several of my clients to the attorneys that are listed on Neil’s list. As I tell my clients, it’s up to you to interview the attorney and be satisfied with them. Afterall, it is the client’s money spent on retaining the attorney. I have a couple of successful referrals and leave it to my clients to choose. I don’t recommend anyone unless I have a personal connection with them. That being said, thank you Neil for this list. I hope it grows.
Linda Kaye
Paralegal
I have contacted at least 25 attorney’s on your so called list of attorney’s that get it.. and 1/2 have come back with disconnected or incorrect phone numbers or emails as undeliverable.. how much research have you done on these attorney’s to put them on a list like this.. I am not very impressed so far.
The HUD qualified written request form
http://www.hud.gov/offices/hsg/ramh/res/reslettr.cfm
RED ALERT: QUALIFIED WRITTEN REQUESTS
GET THEM OUT IMMEDIATELY WITHOUT DELAY
MAKE IT VERY SPECIFIC, THEN USE A CATCHALL CLAUSE AS BROAD AS YOU CAN.
http://www.hud.gov/offices/hsg/ramh/res/reslettr.cfm
THE HUD FORM IS VIRTUALLY WORTHLESS OTHER THAN AS AN “ENVELOPMENT” AROUND YOUR SPECIFIC CONTENT.
i PROVIDE GUIDANCE FOR FREE. YOU WANT TO RETAIN ME, PAY ME. I’M NOT LEGAL AID.
Happy Hunting.
Steven K. Kop
Attorney at Law
bluejaylaw@gmail.com
(email me first; I’ll call you back)
RED ALERT: QUALIFIED WRITTEN REQUESTS
GET THEM OUT IMMEDIATELY WITHOUT DELAY
MAKE IT VERY SPECIFIC, THEN USE A CATCHALL CLAUSE AS BROAD AS YOU CAN.
THE HUD FORM IS VIRTUALLY WORTHLESS OTHER THAN AS AN “ENVELOPMENT” AROUND YOUR SPECIFIC CONTENT.
i PROVIDE GUIDANCE FOR FREE. YOU WANT TO RETAIN ME, PAY ME. I’M NOT LEGAL AID.
Happy Hunting.
Steven K. Kop
Attorney at Law
bluejaylaw@gmail.com
(email me first; I’ll call you back)
MJ,
Of course that presumes the “Trustees” had standing to begin with. I have yet to be convinced that receiving “Certificates” with no par value in exchange for Article 3 negotiable instruments constitutes “good and valuable” consideration. I don’t think the old “peppercorn” theory would work these days (nor should it). Though I”ve been saying this since we filed the first suit last May I DO plan to find the “depositors” who purported to convey loans to these putative Trusts and name them as defendants. I should mention we’ve only got about 4 cases at issue, the balance are still in demurrer limbo.
Walter Hackett, Attorney at Law
What a great blog, my company works for attorneys that specialize in this type of law. I recently purchased your books and was very impressed. If anyone needs a good reccomendation to an attorney who can help you with note issues, call GM Legal Services at (619) 600-0095, or check out our site http://www.gmlegalservices.com.
Keep up the good work.
Also MBS’s are defaulting like crazy and being re-securitized into a CDO (collateralized debt obligation) and the Trustee for the deal is changing.
ABSNET provides all these updates real time.
If the old Trustee for the MBS is attempting to foreclose they no longer have standing.
MJ
Get your red hot complaints here!
We’ve got about 3 dozen suits filed in the Greater LA area. I BELIEVE we’re starting to nail down some solid ways of alleging non-compliance with CA Civil Code 2924(a)(1)(C) via which we allege trustees who’ve filed Notices of Default predicated on a “MERS’ Deed of Trust” are liable for slander of title. We also, thanks to some goofy representations by defense counsel in one case, allege that the putative Deed of Trust in which MERS is named as the nominal beneficiary, results in fraud in the execution. We developed this theory thanks to defense counsel who asserted that by signing a document titled “Deed of Trust”, our clients entered into a contract via which they tacitly agreed to materially vary over 150 years of California law and allow a non-lender (MERS) to “serve” in the capacity of a beneficiary in a Deed of Trust. We most strongly disagree and based upon their claims have asserted ANY Deed of Trust in which MERS is named as beneficiary is a nullity. I’m happy to share what we’ve filed so far with any attorney who’s interested.
Have a good weekend all.
Walter Hackett, Attorney at Law
Walter ~ it is my opinion that credit damages are “special damages” that MUST be pleaded in allegations in the various causes of action and not merely by prayer for relief, or disclosed in discovery.
You can Amend The Complaint before trial to do this.
Cordially,
Steven K. Kop
Attorney at Law
bluejaylaw@gmail.com
(please email first, I’m getting overrun with calls)
Steven,
Sounds like you’re aware of the San Diego case decided last year in which a jury awarded some 900K in credit damages. I personally don’t expressly mention them in my pleadings as it is my contention they are at least special damages and, given the nature of the transactions involved, probably general damages.
Are you a member of CAALA, NACA or CAOC?
Walter
And so no can say I take value from here without imparting in kind, I tender this to you all:
EVERY predatory lending and wrongful foreclosure/UD provides a claim for “CREDIT DAMAGE” calculable to a mathematical certainty (requiring expert testimony) and ranging, probably on the average, in six figures.
Happy Hunting
Steven K. Kop
Attorney at law
818.917.3370
bluejaylaw@gmail.com
Walter, Philip, and any interested party:
I’m over extended on websites. If you desire to contact me off this reservation try linkedin or plaxo using this email to search for me: hopbadbeta@yahoo.com
Neil, if this is not the proper place for this, my apologies.
Steven K. Kop
Steven the end of that last post was very accurate & deserves a round of applause or recognition
Steven,
In that it appears you do not represent financial institutions and do represent consumers I would be interested in having you join our Yahoo group. Membership is free however one must be a licensed attorney (in any US jurisdiction) to be a member (in addition to representing consumers and not representing financial institutions). If you’re interested please email me – walter@hackettslaw.com
I’m sure you’d be a welcome addition to our group which is focused solely on assisting consumers who’ve been victims of the mortgage meltdown. The group is a Yahoo group so to make full use of the site it’s easiest if one has a Yahoo ID.
Best regards,
Walter Hackett, Esq.
Neil, thank you for the pass. The State Bar of California has liberal but at least somewhat defined parameters of the grey area between commercial speech and First Amendment (protected) and false and misleading attorney advertising, particularly in the area of “blawgs” which your site would be considered. You of course may have your own standards, since it is your site.
All posts are, arguendo, some form of “advertising,” ~ if nothing more than to announce your presence and activity in particular subject matters such as these.
I do not stray from what I know. When I talk the talk I am prepared to walk the walk. I invite my state bar to examine how I do what I say I can do (no guarantees a result in my business; there are too many variables out of my control, as you are well aware).
But I do not see any discussion of my particularly “devices.” I dont own them, nor do I have a patent on them. They “hide in plain sight” to the unexperienced, but not to the A-players in my field of expertise.
Yet , anecdotally, I still search for some practitioner like myself in this field who comes out and says it on the record. I will check again, but I believe they still do not.
I can only speculate as to the reason, and that speculation would be mere stuttering on my part to repeat it here. I do not stutter, if anyone questions this.
Again, hail to you for masterminding this site. Yet, this site is a melange of information, not a cookbook or recipe or direct roadmap to the promised land. As long as the readers and posters recognize, acknowledge this and conduct themselves accordingly they will come away with critical information, but also must realize that the power of a hand grenade in the hands of the inexperienced is as much a threat and danger to themselves and friends as it is to their foes.
Just my opinion, as always.
Regards and best wishes.
Steven K. Kop
Attorney at Law
MJ. Bingo: The federal Reserve or the US Treasury is now the owner of all or part of your mortgage.
Walter, i work in Oklahoma which is a judicial state thank goodness. I just talked with an attorney and so the answer will also contain a counter-claim against the lender and also show the suspicious letter. Yes these lenders are dirtbags of the worse kind and I get to talk to a couple of them today. Lovely. Happy Thursday everyone!
Walter, I would be happy to testify and the company is a loss mitigation company, non-attorney but we work with attorneys. So it’s independent enough for the purpose you are talking about. We do give our services to attorneys as well. And our certified fraud examiner is always testifying in court for one of the attorneys on their cases as well. And those attorneys get some of those cases from us.
BTW Linda – the fact you’re not an attorney but work under the direction of one COULD mean you can testify on your client’s behalf. I tried negotiating new loan terms for several clients, with no success, and then realized I was making a mistake by doing so as I really can’t testify in a suit I’m prosecuting on behalf of a client. I now have independent contractors who conduct actual negotiations and have already used the testimony of one of them to force WAMU/CHASE to stop a non-judicial foreclosure sale. I’m sure the fact they’re ten feet away will result in objections by OC but I feel pretty strongly I can get the testimony in.
Walter
Linda – lenders ARE gaming the system. One of my clients received EXACTLY the same letter. I have a wonderful “Welcome to California” lawsuit I’m getting ready to file against them. I don’t know the statutes in your state however CA Civil Code section 2923.5 expressly requires a lender try to negotiate modified terms with a homeowner BEFORE concluding a non-judicial foreclosure sale. Failure to comply results in grounds to set aside such a sale or obtain injunctive relief precluding the sale. My gut reaction is that the letter is bogus and little more than something they can show the media as “proof” they’re “working with homeowners.” The lawsuit tells the true story – “We want to squeeze every cent out of you we possibly can.”
I’ve already dealt with a number of Chase employees and attorneys and with VERY few exceptions they’re dirtbagsof the worst kind.
Walter
To Mr. Hackett – thanks and yes I am a paralegal and I work with a certified fraud examiner and yes I straight out tell people I don’t give legal advice but if you need legal advice I will give you the names of attorneys that get it. I find these attorneys at this website. However, all that said and done, I don’t live in CA so perhaps my ethics are different than CA paralegals. And I run my department so I have to make ethical decisions as well as business decisions. And I do call attorneys for direction.
Here’s something that just came in that frustrates me. Chase filed a petition of foreclosure on my client on March 6 (client was served last week). THEN in my clients papers I see a letter from chase dated march 31 telling him he MAY be eligible for the new federal program “Making Home Affordable”. Not only that, my client doesn’t speak english. Since I have client authorization, I really feel like calling the lender and asking them which is it? A loan modification or a lawsuit. Obviously the client must respond to the summons and complaint but how confusing that he now gets an offer from the lender AFTER the suit is filed.
My point is that in your comment at the end of your post – “offers tendered by these lenders will be admissible as proof of the lenders’ attempt to comply with the statute. A reasonable offer that includes no waivers of any substantive rights that is refused out of hand will NOT prove helpful to a consumer’s case against a lender.” – leads me to believe that lenders appear to be gaming the legal system.
I look at peoples documents and issues all day long every day and even though I don’t live in CA – I would be happy to appear or be called in any proceeding anywhere for the knowledge I have and witness on a daily basis.
Linda
A request for CA non-attorneys. Those of you providing some sort of review or audit service to California homeowners please do NOT provide legal advice (if you’re unsure what constitutes legal advice please talk with a friend who’s an attorney). There is NO PRIVILEGE associated with a homeowner’s communications with you. We are starting to receive discovery requests for the 3 dozen or so lawsuits we’ve filed to date. One of those requests is generally in the following format: “Identify EACH and EVERY person with knowledge of the facts upon which you base the allegation set forth in Paragraph #XX of the Complaint that “Defendants and/or their agents misrepresented to Plaintiff that he/she could afford the loan based on the actual terms set forth in the loan documents.”
If you tell your clients that they “do not owe the money” or that they are “victims of predatory lending” or “fraud” then YOU are one of the parties who must be identified in response to an interrogatory such as this one. ALL of your conversations with such a homeowner are discoverable and your deposition can be, and very likely will be, taken if a defendant lender deems you to be someone whose testimony will assist them in their defense. Statements such as “in my personal opinion it appears there is some evidence of irregularities in your loan and you should seek the advice of a licensed attorney” are fine. Saying “you don’t owe the money” or “you’re a victim of predatory lending” will NOT put you in a good light in deposition or on the witness stand. If you have ANY questions about whether a particular statement could be construed as practicing law you can always call the State Bar or, at a minimum, make SURE your clients know that you are NOT giving them a legal opinion and anything you say is strictly a matter of your personal opinion.
I’ve had huge holes blown in two cases because my clients absolutely refused to negotiate with lenders who were attempting to comply with CA Civil Code section 2923.5 BECAUSE an “auditor” told them they should NEVER negotiate with their lenders because they are “victims of predatory lending.” Unfortunately, it is my belief offers tendered by these lenders will be admissible as proof of the lenders’ attempt to comply with the statute. A reasonable offer that includes no waivers of any substantive rights that is refused out of hand will NOT prove helpful to a consumer’s case against a lender.
Walter Hackett, Esq.
Steve Kop: I’m letting this one go — but please don’t use the blog as an advertising medium.
Here I’ll Tell everyone what I’ve discovered on my own seems to me odd very that MERS uses a MIN to keep track of the loan right? well then when everyones loan got “transferred” then why did we get new loan numbers? why do both loan numbers have the same origination date? why were the appraisals inflated? I’ll tell you why for every refi that was made they pulled out the full market value(2loans) paid off the prior lender and used MERS to keep track of all the fraudulent loans
well looks like JD was right lawyers & sidekicks with their hands out to desperate homeowners demanding cash up front or for referral $$$ kickbacks just to maybe get a glimpse of hope to save their homes and reveal the fraud that has destroyed families lives
GOD Ble$$ the Judiciary not the homeowners j/k
Urban Lotus ~~ being a “generally uncouth” entity is not the issue with MERS. The “secret of the universe” discovery I have made is far, far more sinister than that.
All has been revealed to Mahar Soliman my expert witness and I. I will not go to war without Mahar at my back.
It, The Secret, impacts on a critical, critical evidentiary issue: “circumstances of fraud”
There are those ” who are in the know.” And there are
those who are ~~
“INNER SANCTUM – SANCTUM SANCTORUM”
Steven K. Kop
Attorney at Law
818.917.3370
or leave a message at
877-732-7653
I share with my expert witness Mahar S.
I’m not looking to carjack clients or other attorneys, but I take exception to being street mugged myself.
I’ve been ROBBED by lawyersand prospective clients alike who believe that I am some kind of LEGAL AID and can spend two hours or more each explaining the construction, delivery and detonation of my devices, only to walk out armed with my devices and not even give me the courtesy of a “reach around” (cf “Full Metal Jacket”)
Pay me and I’ll draw you the roadmap to the Promised Land. So sorry, Charlie.
Steven K. Kop
Attorney at Law
818.917.3370
bluejaylaw@gmail.com
cash or US Postal Money Orders only
Kop,
I have narrowed down your options to three possible MERS attacks (pending your revelation!}
1) Non toxic nuclear magnetic gel tape to stick onto the back of a assignees neck.
2) An assignor named Ozzie Nelson who wears a cardigan sweater exposed to outer limits radicals.
3) A possible discovery challenging the assignment ingress and exit in a lender recovery.
Seriously, I don’t think he’ll release any info till he’s tested and proved himself in court and is without a doubt comfortable of the conceptual validity.
I’ll wait.
Cio
THESE “Q’S” ARE MOST OFTEN ASKED BY LEGAL PROFESSIONALS.
It deals with approaches to foreclosure and circumstances when complying with section 2 requirements adding CC §2923.5,under code 2923.5 in California.
Q6. – Is there any harm in treating all borrower residential loans assigned for foreclosure as an owner occupied loan made from January 1, 2003 to December 31, 2007 and complyingwith the Section 2 requirements adding CC §2923.5, rather than making that determination for each residential loan going into foreclosure?
A6. – Probably not, however the Section 2 equirements are only for owner-occupied residential properties. You would still have to comply with the new Section 4 requirements of posting and mailing the Notice to Residents in all six languages for loans where the “note address” is different from the mailing address, and the Section 4 notice is regardless of the date when the loan was made.
Q7. – Is there any harm in treating all foreclosures of loans secured by residential properties as having a “note address” different from the mailing address and complying with theSection 4 Notice to Residences requirement to avoid differentiating between loans?
A7. Again, probably not. The statute places different foreclosure requirements in Section 2 on owner occupied residential properties with loans made within a certain period than in
Section 4 on a residential property with a different billing address regardless of when the loan was made, which can be problematic. It would seem understandable to want a standardized process.
Q8. – Who is to sign the declaration re Contact, Due Diligence, or Surrender to be included in a Notice of Default filed after September 8, 2008?
A8. – The beneficiary or their authorized agent. Since all the requirements are to be made atleast 30 days prior to initiating foreclosure, the beneficiary or servicer will usually beperforming these requirements as part of their pre-foreclosure loss mitigation program.
However, this is a complicated question that may require that the trustee consult withexperienced legal counsel to integrate this new declaration procedure into its policies,practices and forms. Different trustee’s and beneficiaries have different systems relating
to who actually signs notices of default, etc and passage of SB 1137 should trigger areview of those policies.
Q9. – If the trustee-to-be is requested to execute the Section 2 Notice of Default declaration re Contact, Due Diligence, or Surrender as the authorized agent, similar to the execution of many current Notices of Default, will it affect the trustee’s ability to claim the protections of Civil Code §2924l to file a Declaration of Nonmonetary Status in a subsequent civil action?
A9. – Not by merely executing the declaration. Civil Code §294l protects the trustee and theacts of an authorized agent performing duties within CC §2924, et. seq. and named in acivil action. However, the authorized agent would be relying upon the beneficiary ortheir servicer as to the validity of the declaration and any authorized agent should review their power of attorney or agency documents and may wish to consult their legal counsel regarding indemnification.
Q10. – Can the Section 2 declaration required re Contact, Due Diligence, or Surrender to be included in the Notice of Default be added to the language of the Notice of Default or does it have to be a separate declaration?
A10. There is no requirement in SB 3711 that the Notice of Default declaration re Contact, Due
Diligence, or Surrender be a separate document, or that it be notarized.
msoliman
admin@borrowerhotline.com
& STEVEN WHAT DO YOU KNOW THAT ISN’T ALREADY POSTED ON THIS SITE?
BUT JEFF AREN’T YOU A LAWYER & A BROKER AS WELL?
Has anyone else noticed the monthly master servicer reports for mortgage backed securities are showing some MBS’s have stopped all foreclosures?
This is very interesting, I think this means the MBS’s have been pledged or sold to Treasury of the Federal Reserve.
Some loans are 25 months late now and still no foreclosure.
In response to Steve Kop, it doesn’t take a rocket scientist to figure out that MERS is up to no good. Actually I really want to say how much I appreciate this website so that in my travels I can give my clients attorney referrals. Thanks.
Linda
Steven, Please share this revelation so that we all may revel in you enlightenment ( LOL)
It looks like a Nobel Prize for you if you are “The Annointed One” …….We are not worthy
I have split the atom. I have unraveled the secrets of DNA. I have discovered the Rosetta Stone. I now know the true meaning and intent of MERS.
Steven K. Kop
Attorney at Law
818.917.3370
bluejaylaw@gmail.com
Mortgage Audit – received your email, thank you very much. I’m unable to reply for some reason but would be happy to chat with you about the matters you mention in your message. I appreciate your comments and applaud you stepping forward as you did.
Best regards,
Walter Hackett, Esq.
A MUST read from Neil (link can be found under Recent Posts):
“Reality Check: Holder in Due Course Doctrine is not some fancy trick to get out of paying
Posted on April 5, 2009 by livinglies
Too many people are looking for an easy way out and reporting that Judge’s don’t like their arguments because they are going into court saying they don’t owe the money and there is no obligation. This argument starts you off on the wrong foot and heads for disaster.
The better approach is to start off with acknowlegding that a mortgage or deed of trust was executed, a note was executed, funding took place, and that an obligation was created. Your approach should be that you are not seeking to eliminate the obligation by some slight of hand trick but rather that the obligations exists, it might be enforeceable if it was not paid by federal bailout or insurance, but that the people and entities that initiated the foreclosure process are imposters.
So your argument is not that your avoiding ALL possibility of liability, but that you are fighting for your right to avoid multiple liability on the same debt — because when the REAL holder in due course walks into court holding the note and an assignment and says you owe the money, the house or both, you will have already lost the money and house to the imposters who said they were foreclosing as the “lender” or on behalf of the “lender.” when they had no documentation or actual authority to do so.”
Thanks Buddy. I appreciate the thoughtful response. I DO wish we were in a judicial foreclosure state. I correspond with April Charney routinely and hope to bring her to CA in the not too distant future to provide training to CA attorneys. We’re a non-judicial foreclosure state but there’s little question in my mind the non-judicial foreclsoure statutes are being routinely ignored by foreclosing parties. A great source of frustration for me is telling a Judge we can conclusively prove a foreclosing party has abjectly failed to comply with the non-judicial foreclosure statutes only to have him blow me off because “you’re clients are delinquent in their payments” and conclude he’d only be postponing the “inevitable.” We did get a ray of hope recently as one of the judges who has literally told me this GRANTED a TRO for non-compliance with CA Civil Code 2923.5 which requires lenders negotiate with homeowners as an express condition for non-judicially foreclosing. In fact, a federal judge (the matter was removed) just granted a Preliminary Injunction in the matter (Demarest v. Quick Loan Funding). It’s not THE solution but it is a sign things are starting to turn our way.
Walter Hackett, Esq.
Well put Walter,
This forum is far a sharing of ideas regarding this mess of foreclosures and has been a Godsend for me in my Pro Se defense in Florida. The cases that have been posted and the reference material on this site helped (and is helping) me. I can say this, from my experience in almost 16 years in the Mortgage Industry, I knew there were problems in the underwriting of the Loans, especially in the Stated Income/ Asset deals thet the Lenders were begging for. They would offer incentive’s of higher YSP for Option Arms.
Fortunately, as an originator, I would not take advantage of people trying to buy more house than they could afford and would walk away from deals that “smelled bad”! But I was in an organization that had over 50 Loan Originators, many of whom had no ethics, doing millions of dollars in Loans per month with appraisals being blown out of proportion and closing instructions and GFE’s not having the right numbers, and always asked myself “how can they (wholesale lenders ) keep offering this type of B.S. Loan and not have repercussions.
Well, we are seeing these issues arise in a mess they created. The Contracts that were written were broken by the companies that authorized or wrote them. even my personal loan was securitized, note lost/missing, no clear “holder in due course” falsified and back dated deed transfer from MERS just to mention a few of the defensed i have stated in my motion to dismiss against LaSalle Bank et al.
I know mortgage auditor and his heart and motives are in the right place. Personally, I am thankful Neil and frankly all of us, have this forum so we can share information for individuals to utilize as they see fit.
Thank you EVERYONE for your input, and I hope we can continue offering good stuff for people to ponder and be educated from in this fight against illegal foreclosure actions, and the changing face of the financial market.
“Anonymous” posters – do be aware that the moderators of this site can readily identify your source IP address. It would be a shame if Neil and crew had to start responding to subpoenas for such information because someone with an axe to grind against another poster decided to use this site to satisfy his or her thoughtless, emotion-driven agenda to defame someone with whom they have a disagreement and personal relationship turned sour. Such a use of this site is the height of selfishness and is EXACTLY the kind of thing that would give the people responsible for this mess enormous joy.
Healthy debate is one thing, ad hominem attacks are another and we’re all human and inclined to strike back when we’re attacked so my apologies to those of you who come here seeking and giving legitimate advice for my own post responding to “Mortgage Audit.” I’m fairly certain I know who it is but should not have included the comments intended to get under this person’s skin. With that said, let’s try to keep the discussion aimed at learning. In CA we’re fighting an uphill battle because of this state’s long-standing non-judicial foreclosure statutes. The legislature never anticipated Wall Street’s attempt to turn California real estate into worthless pieces of paper and thus our statutes presume a party initiating a non-judicial foreclosure has the right to do so. We are fighting and will continue to do so but, as we are sworn to do, we shall do so as our Oath requires us to do.
Walter Hackett, Attorney at Law
“Mortgage Audit” – I noticed that you post anonymously. If you won’t use your real name then just keep your comments to yourself. CA is a non-judicial foreclosure state – PERIOD. Read CA Civil Code section 2924 et seq and then tell us how any of the gibberish you just posted even considers a single word of the actual laws of California in your purported “argument.” Better yet, since you claim to have appeared in court, why don’t you go to Department 85 or 86 at the Stanley Mosk courthouse and share your views, oh wait, you CAN’T because you’re obviously not a lawyer. Attorneys have to take an “Oath,” you should look the word up at http://www.m-w.com. The California Attorneys oath doesn’t say anything about ignoring the law or taking advice from ignorant people hiding behind a screen name. Try contacting your state representatives if you want to change the law.
I’ll be writing Neil and suggesting that posters be required to use their real names so we don’t have to waste our time with garbage such as your post. In the meantime why don’t you share with us some of the complaints you’ve drafted on your own behalf since you’ve apparently been pro per in dozens of proceedings in multiple states. Of course that probably explains why you post anonymously since it’s clear you’ve NEVER drafted and filed a Complaint.
Walter Hackett, Esq.
Walter,
Your comment is about the BIGGEST bunch of crap (sorry trying to keep it clean) I keep hearing from Esq.’s.
Entering the court with an issue has to have standing for the court to hear a case.
A Servicer is not the Holder of the NOTE in 99% of the time. Look at the NOTE. IT says: that the Noteholder can contact the Borrower. Show me in the Mortgage / Deed of Trust or the Note where it says the Servicer can contact the Borrower. Show me in the law where the Servicer can Foreclose. IT’s not in there.
I am telling you from experience by taking my own cases, researching and being in courts all across the country there are conversations being held in closed doors in Judges offices, cocktail parties and golf courses where payoffs are taking place and deals are made. Been there, seen it and heard it in person. If you try to tell me otherwise you are a fool and a person who is not speaking the truth.
THE RULE OF LAW HAS NO RESPECT.
To secure these rights governments are instituted among men, deriving their just powers from the CONSENT of the governed.
Stand up like a man in front of the court where justice is blind and demand the rule of law. If you have the guts. Hey, if you have to spend a day or two in jail, it will be worth it to keep your client(s) in their homes.
Mortgage Audits
Philip, what state are you in? I don’t know the facts of the case but I can’t think of a situatin where I’d ever allow a client of mine to waive rights as a condition for stopping a trustee’s sale. Was BK not an option?
My group of attorneys is now discussing the potential use of BKs to change the relationship between borrower and lender to debtor and creditor so that the putative lender MUST prove it is owed the debt as a condition to obtain relief from the automatic stay. This scenario is not a given however, in light of Judge Bufford’s ruling in Vargas and the recent Jacobson case out of a BK court in Washington state holding Servicers are NOT real parties in interest, I’m seeing a growing consensus that we’re better off in BK. At least there, because of the debtor-creditor relationship, we literally can demand a party trying to foreclose prove they have the right to enforce the note.
Walter Hackett, Esq.
hey soliman tell me about how i don’t have a chance without an attorney … well it seems that i didn’t have a chance with an attorny stephen dial just came to my house and coerced my father to sign a release agreement for all claims known or unknown in exchange to continue the forclosure sale even though i advised him against it and he didn’t even meet one of my settlement agreement request he just kept saying yeh you have valid claims but if you don’t sign this there going to auction the house on monday. he even said that there was no guarantee that he could modify the loan and he didn’t even have the figure amount to pay it off. so tell me more about i ONLY have a chance with an attorny
I have been battling with initially chase manhattan, now successor by merger chase home finance over my escrow balance. I currently have an escrow balance over 5,000. Chase has been restructuring my escrow account since they have had it. I have numerous case numbers, none of the divisional branches within have a clue what the other is doing. In one of my last letters to them I gave them the escrow break down according to my last tax and insurance bills plus the 20% they stated by law they can have as a surplus. I heard nothing until I sent in only my principle and interest so at the end of March I receive a letter from the escrow department agreeing with my letter, my new escrow payment would be the corrected amount beginning April 1st. However because my January, February and March payment did not include additional escrow; even though I have the 5000ish additional in the account they could not release it. A couple of days later, last Wednesday, I receive a summons notice of foreclosure! 2 Counts – Count 1 – Action to reestablish a promissory note and Count 2 – Failure to make a payment since December. I have my cancelled checks they accepted and deposited them On March 30th I sent in my April payment for the corrected amount. They are foreclosing on me for escrow and for less then what I have in escrow. I’ve contacted a criminal attorney in Tampa, but after reading this I think I need a seasoned expert. Can anyone offer suggestions, I need to file an answer this week.
okay here’s ONE answer:
everyone, when a homeowner is served a foreclosure notice whether in a judicial or in a non-judicial state, they must file a couple of docs with the court.
Here’s key note: if in a judicial foreclosure, the homeowner is served with a PETITION. This is answered and counterclaims fraud and misleading terms in the Mortgage Agreement. The burden of proof is to the homeowner, so the next step is a forensic audit by a certified fraud examiner.
For non-judicial states, a motion for temporary restraining order must be filed along with a complaint alleging the above mentioned fraud and misleading terms of the loan.
This gets the process into court.
You must find a CFE that is WELL-VERSED in real estate terms and law to do this.
There are a couple of other things that my affiliations are finding but these are the steps to arrest the foreclosure process. The forensic audit is imperative.
This is such a new area of law that all ideas and actions need to be shared. However, because this is a public site, I don’t want to give to much info so that lender attorney’s that may be cruising this site for info might use it or find a way to manipulate the law in a wrongful manner so as to cause the homeowner harm.
Point: get the case in court, find a CFE and get the audit done…it’s not just about produce the note but to prove consumer protection law violations.
L
Blue tooth, Thanks for the info, but I already sent the qwr, but I did not have this offical form everyone here talks about, does anyone have a copy to send me? I have the loan with the “missing” payment history now assigning to the servicer on record without recourse, and the are draging their feet on getting any thing to me, I really do not want to declare B 13 is their an other action the I may take to stop this process before It runs out of time, I have a certified copy of the note that was sent to me with all the stuff I got so far with the wamu loan mod from the “original lender”if I new what to ask for in this 20 page wqr it would be good, The property that has fourgeres and id theft, I spoke breifly with the servicer and the said to file a complaint with my local police station and that the bank would take care of it, then they asked me what I wanted from it, can I ask for the home back free and clear? that would be a real nice gift right now.
Hi Neil,
I have two clients that need an attorney in Utah asap. I didn’t see any utah attorneys on your list. I can’t go further as to their situation as it’s confidential but if you can help me as soon as possible I would greatly appreciate it. Thanks.
Linda
approximately 5 years ago my mother attempted to refinance a mortgage on a second home in Florida. Her financial “advisor” from Merril Lynch sent her to a company called Cendant mortgage. They contracted Sun Belt Title in Florida to complete the closing. Being a real estate attorney I was the one to review the loan documents that had been sent for my mother to sign. The rate of the loan was incorrect as well as numerous charges such as underwriting fees, processing fees, origination fees and the like. I instructed my mother to not sign any documents as they were incorrect.
She contacted Cendant mortgage and they assured her a new package was to be FedExed to her. The second package was incorrect as well. It took almost 6 weeks to get the correct loan documents. She eventually told them to forget about the refinance because it was too much work and no longer worth it.
During this process my mother began to receive phone calls that her mortgage payment was late. My mother has a credit ratings in the 800s and she has NEVER IN HER LIFE been late on a payment let alone missed one. I investigate and it turns out that Sun Belt Title recorded a new mortgage against the property and had paid off the old loan. I asked them to provide a copy, not even an origianal, but a copy of any signed note or mortgage which of course could not provide.
Not until I was able to contact the head of the legal department for Merril Lynch located in Jacksonville Florida was I able to get the matter resolved. I basically thanked him for paying off my mother’s loan and told him if she ever received another call regarding the BS mortgage I would sue them. All of a sudden the new mortgage disappeared and her old one was reinstated.
The amount of fraud is beyond comprehension. Oh and of course Merril Lynch and Cendant mortgage no longer exist. i am not certain as to Sun Belt Title.
Personally I think they’re all guilty of treason. If I had a dollar for every time some loan officer went “over my head” because I refused to OK documenting a loan or fund one due to serious issues with due diligence I would literally be very wealthy. Some time I’ll have to post the email messages I sent to Charles Fisk of the OTS warning him about the lack of due diligence being carried out at one of the banks I worked for, PFF Bank & Trust (taken over by the FDIC November 2008). He ASSURED me my concerns would be investigated. That was in 2004, apparently he never got around to following up on things.
Walter Hackett, Esq.
Mr. Hackett,
Thank you for posting this interview. It is nice to see someone express the outrage I feel.
We need to hit the reset button on our government. All lobbying needs to be outlawed. Any public official taking money or favors for politics needs to be removed from office.
THE PEOPLE OF THIS COUNTRY NEED TO STAND UP AND TAKE BACK WHAT HAS BEEN STOLEN FROM THEM.
DO WE NEED TO PUT ON AMERICAN INDIAN REGALIA AND THROW CASES OF TEA INTO THE WATER TO GET SOME FUCKING ATTENTION!!!???
HOW CAN THE CRACK ADDICTS BE THE DRUG CZARS????? WHAT THE HELL IS WRONG WITH THIS COUNTRY THAT THESE BANKERS HAVE NOT BEEN DRAGGED OUT FROM THEIR OFFICES AND FORCED TO RETURN NOT ONLY BONUSES BUT SALARIES AS WELL?
AND SOMEHOW PEOPLE HATE LAWYERS. (chuckle) MUST HAVE BEEN A BANKER WHO FIRST SAID “KILL ALL THE LAWYERS.”
GOD BLESS (bank of ) AMERICA
http://www.pbs.org/moyers/journal/04032009/watch.html
April 3, 2009
BILL MOYERS: Welcome to the Journal.
For months now, revelations of the wholesale greed and blatant transgressions of Wall Street have reminded us that “The Best Way to Rob a Bank Is to Own One.” In fact, the man you’re about to meet wrote a book with just that title. It was based upon his experience as a tough regulator during one of the darkest chapters in our financial history: the savings and loan scandal in the late 1980s.
WILLIAM K. BLACK: These numbers as large as they are, vastly understate the problem of fraud.
BILL MOYERS: Bill Black was in New York this week for a conference at the John Jay College of Criminal Justice where scholars and journalists gathered to ask the question, “How do they get away with it?” Well, no one has asked that question more often than Bill Black.
The former Director of the Institute for Fraud Prevention now teaches Economics and Law at the University of Missouri, Kansas City. During the savings and loan crisis, it was Black who accused then-house speaker Jim Wright and five US Senators, including John Glenn and John McCain, of doing favors for the S&L’s in exchange for contributions and other perks. The senators got off with a slap on the wrist, but so enraged was one of those bankers, Charles Keating — after whom the senate’s so-called “Keating Five” were named — he sent a memo that read, in part, “get Black — kill him dead.” Metaphorically, of course. Of course.
Now Black is focused on an even greater scandal, and he spares no one — not even the President he worked hard to elect, Barack Obama. But his main targets are the Wall Street barons, heirs of an earlier generation whose scandalous rip-offs of wealth back in the 1930s earned them comparison to Al Capone and the mob, and the nickname “banksters.”
Bill Black, welcome to the Journal.
WILLIAM K. BLACK: Thank you.
BILL MOYERS: I was taken with your candor at the conference here in New York to hear you say that this crisis we’re going through, this economic and financial meltdown is driven by fraud. What’s your definition of fraud?
WILLIAM K. BLACK: Fraud is deceit. And the essence of fraud is, “I create trust in you, and then I betray that trust, and get you to give me something of value.” And as a result, there’s no more effective acid against trust than fraud, especially fraud by top elites, and that’s what we have.
BILL MOYERS: In your book, you make it clear that calculated dishonesty by people in charge is at the heart of most large corporate failures and scandals, including, of course, the S&L, but is that true? Is that what you’re saying here, that it was in the boardrooms and the CEO offices where this fraud began?
WILLIAM K. BLACK: Absolutely.
BILL MOYERS: How did they do it? What do you mean?
WILLIAM K. BLACK: Well, the way that you do it is to make really bad loans, because they pay better. Then you grow extremely rapidly, in other words, you’re a Ponzi-like scheme. And the third thing you do is we call it leverage. That just means borrowing a lot of money, and the combination creates a situation where you have guaranteed record profits in the early years. That makes you rich, through the bonuses that modern executive compensation has produced. It also makes it inevitable that there’s going to be a disaster down the road.
BILL MOYERS: So you’re suggesting, saying that CEOs of some of these banks and mortgage firms in order to increase their own personal income, deliberately set out to make bad loans?
WILLIAM K. BLACK: Yes.
BILL MOYERS: How do they get away with it? I mean, what about their own checks and balances in the company? What about their accounting divisions?
WILLIAM K. BLACK: All of those checks and balances report to the CEO, so if the CEO goes bad, all of the checks and balances are easily overcome. And the art form is not simply to defeat those internal controls, but to suborn them, to turn them into your greatest allies. And the bonus programs are exactly how you do that.
BILL MOYERS: If I wanted to go looking for the parties to this, with a good bird dog, where would you send me?
WILLIAM K. BLACK: Well, that’s exactly what hasn’t happened. We haven’t looked, all right? The Bush Administration essentially got rid of regulation, so if nobody was looking, you were able to do this with impunity and that’s exactly what happened. Where would you look? You’d look at the specialty lenders. The lenders that did almost all of their work in the sub-prime and what’s called Alt-A, liars’ loans.
BILL MOYERS: Yeah. Liars’ loans–
WILLIAM K. BLACK: Liars’ loans.
BILL MOYERS: Why did they call them liars’ loans?
WILLIAM K. BLACK : Because they were liars’ loans.
BILL MOYERS: And they knew it?
WILLIAM K. BLACK: They knew it. They knew that they were frauds.
WILLIAM K. BLACK: Liars’ loans mean that we don’t check. You tell us what your income is. You tell us what your job is. You tell us what your assets are, and we agree to believe you. We won’t check on any of those things. And by the way, you get a better deal if you inflate your income and your job history and your assets.
BILL MOYERS: You think they really said that to borrowers?
WILLIAM K. BLACK: We know that they said that to borrowers. In fact, they were also called, in the trade, ninja loans.
BILL MOYERS: Ninja?
WILLIAM K. BLACK: Yeah, because no income verification, no job verification, no asset verification.
BILL MOYERS: You’re talking about significant American companies.
WILLIAM K. BLACK: Huge! One company produced as many losses as the entire Savings and Loan debacle.
BILL MOYERS: Which company?
WILLIAM K. BLACK: IndyMac specialized in making liars’ loans. In 2006 alone, it sold $80 billion dollars of liars’ loans to other companies. $80 billion.
BILL MOYERS: And was this happening exclusively in this sub-prime mortgage business?
WILLIAM K. BLACK: No, and that’s a big part of the story as well. Even prime loans began to ha ve non-verification. Even Ronald Reagan, you know, said, “Trust, but verify.” They just gutted the verification process. We know that will produce enormous fraud, under economic theory, criminology theory, and two thousand years of life experience.
BILL MOYERS: Is it possible that these complex instruments were deliberately created so swindlers could exploit them?
WILLIAM K. BLACK: Oh, absolutely. This stuff, the exotic stuff that you’re talking about was created out of things like liars’ loans, that were known to be extraordinarily bad. And now it was getting triple-A ratings. Now a triple-A rating is supposed to mean there is zero credit risk. So you take something that not only has significant, it has crushing risk. That’s why it’s toxic. And you create this fiction that it has zero risk. That itself, of course, is a fraudulent exercise. And again, there was nobody looking, during the Bush years. So finally, only a year ago, we started to have a Congressional investigation of some of these rating agencies, and it’s scandalous what came out. What we know now is that the rating agencies never looked at a single loan file. When they finally did look, after the markets had completely collapsed, they found, and I’m quoting Fitch, the smallest of the rating agencies, “the results were disconcerting, in that there was the appearance of fraud in nearly every file we examined.”
BILL MOYERS: So if your assumption is correct, your evidence is sound, the bank, the lending company, created a fraud. And the ratings agency that is supposed to test the value of these assets knowingly entered into the fraud. Both parties are committing fraud by intention.
WILLIAM K. BLACK: Right, and the investment banker that — we call it pooling — puts together these bad mortgages, these liars’ loans, and creates the toxic waste of these derivatives. All of them do that. And then they sell it to the world and the world just thinks because it has a triple-A rating it must actually be safe. Well, instead, there are 60 and 80 percent losses on these things, because of course they, in reality, are toxic waste.
BILL MOYERS: You’re describing what Bernie Madoff did to a limited number of people. But you’re saying it’s systemic, a systemic Ponzi scheme.
WILLIAM K. BLACK: Oh, Bernie was a piker. He doesn’t even get into the front ranks of a Ponzi scheme…
BILL MOYERS: But you’re saying our system became a Ponzi scheme.
WILLIAM K. BLACK: Our system…
BILL MOYERS: Our financial system…
WILLIAM K. BLACK: Became a Ponzi scheme. Everybody was buying a pig in the poke. But they were buying a pig in the poke with a pretty pink ribbon, and the pink ribbon said, “Triple-A.”
BILL MOYERS: Is there a law against liars’ loans?
WILLIAM K. BLACK: Not directly, but there, of course, many laws against fraud, and liars’ loans are fraudulent.
BILL MOYERS: Because…
WILLIAM K. BLACK: Because they’re not going to be repaid and because they had false representations. They involve deceit, which is the essence of fraud.
BILL MOYERS: Why is it so hard to prosecute? Why hasn’t anyone been brought to justice over this?
WILLIAM K. BLACK: Because they didn’t even begin to investigate the major lenders until the market had actually collapsed, which is completely contrary to what we did successfully in the Savings and Loan crisis, right? Even while the institutions were reporting they were the most profitable savings and loan in America, we knew they were frauds. And we were moving to close them down. Here, the Justice Department, even though it very appropriately warned, in 2004, that there was an epidemic…
BILL MOYERS: Who did?
WILLIAM K. BLACK: The FBI publicly warned, in September 2004 that there was an epidemic of mortgage fraud, that if it was allowed to continue it would produce a crisis at least as large as the Savings and Loan debacle. And that they were going to make sure that they didn’t let that happen. So what goes wrong? After 9/11, the attacks, the Justice Department transfers 500 white-collar specialists in the FBI to national terrorism. Well, we can all understand that. But then, the Bush administration refused to replace the missing 500 agents. So even today, again, as you say, this crisis is 1000 times worse, perhaps, certainly 100 times worse, than the Savings and Loan crisis. There are one-fifth as many FBI agents as worked the Savings and Loan crisis.
BILL MOYERS: You talk about the Bush administration. Of course, there’s that famous photograph of some of the regulators in 2003, who come to a press conference with a chainsaw suggesting that they’re going to slash, cut business loose from regulation, right?
WILLIAM K. BLACK: Well, they succeeded. And in that picture, by the way, the other — three of the other guys with pruning shears are the…
BILL MOYERS: That’s right.
WILLIAM K. BLACK: They’re the trade representatives. They’re the lobbyists for the bankers. And everybody’s grinning. The government’s working together with the industry to destroy regulation. Well, we now know what happens when you destroy regulation. You get the biggest financial calamity of anybody under the age of 80.
BILL MOYERS: But I can point you to statements by Larry Summers, who was then Bill Clinton’s Secretary of the Treasury, or the other Clinton Secretary of the Treasury, Rubin. I can point you to suspects in both parties, right?
WILLIAM K. BLACK: There were two really big things, under the Clinton administration. One, they got rid of the law that came out of the real-world disasters of the Great Depression. We learned a lot of things in the Great Depression. And one is we had to separate what’s called commercial banking from investment banking. That’s the Glass-Steagall law. But we thought we were much smarter, supposedly. So we got rid of that law, and that was bipartisan. And the other thing is we passed a law, because there was a very good regulator, Brooksley Born, that everybody should know about and probably doesn’t. She tried to do the right thing to regulate one of these exotic derivatives that you’re talking about. We call them C.D.F.S. And Summers, Rubin, and Phil Gramm came together to say not only will we block this particular regulation. We will pass a law that says you can’t regulate. And it’s this type of derivative that is most involved in the AIG scandal. AIG all by itself, cost the same as the entire Savings and Loan debacle.
BILL MOYERS: What did AIG contribute? What did they do wrong?
WILLIAM K. BLACK: They made bad loans. Their type of loan was to sell a guarantee, right? And they charged a lot of fees up front. So, they booked a lot of income. Paid enormous bonuses. The bonuses we’re thinking about now, they’re much smaller than these bonuses that were also the product of accounting fraud. And they got very, very rich. But, of course, then they had guaranteed this toxic waste. These liars’ loans. Well, we’ve just gone through why those toxic waste, those liars’ loans, are going to have enormous losses. And so, you have to pay the guarantee on those enormous losses. And you go bankrupt. Except that you don’t in the modern world, because you’ve come to20the United States, and the taxpayers play the fool. Under Secretary Geithner and under Secretary Paulson before him… we took $5 billion dollars, for example, in U.S. taxpayer money. And sent it to a huge Swiss Bank called UBS. At the same time that that bank was defrauding the taxpayers of America. And we were bringing a criminal case against them. We eventually get them to pay a $780 million fine, but wait, we gave them $5 billion. So, the taxpayers of America paid the fine of a Swiss Bank. And why are we bailing out somebody who that is defrauding us?
BILL MOYERS: And why…
WILLIAM K. BLACK: How mad is this?
BILL MOYERS: What is your explanation for why the bankers who created this mess are still calling the shots?
WILLIAM K. BLACK: Well, that, especially after what’s just happened at G.M., that’s… it’s scandalous.
BILL MOYERS: Why are they firing the president of G.M. and not firing the head of all these banks that are involved?
WILLIAM K. BLACK: There are two reasons. One, they’re much closer to the bankers. These are people from the banking industry. And they have a lot more sympathy. In fact, they’re outright hostile to autoworkers, as you can see. They want to bash all of their contracts. But when they get to banking, they say, ‘contracts, sacred.’ But the other element of your question is we don’t want to change the bankers, because if we do, if we put honest people in, who didn’t cause the problem, their first job would be to find the scope of the problem. And that would destroy the cover up.
BILL MOYERS: The cover up?
WILLIAM K. BLACK: Sure. The cover up.
BILL MOYERS: That’s a serious charge.
WILLIAM K. BLACK: Of course.
BILL MOYERS: Who’s covering up?
WILLIAM K. BLACK: Geithner is charging, is covering up. Just like Paulson did before him. Geithner is publicly saying that it’s going to take $2 trillion — a trillion is a thousand billion — $2 trillion taxpayer dollars to deal with this problem. But they’re allowing all the banks to report that they’re not only solvent, but fully capitalized. Both statements can’t be true. It can’t be that they need $2 trillion, because they have masses losses, and that they’re fine.
These are all people who have failed. Paulson failed, Geithner failed. They were all promoted because they failed, not because…
BILL MOYERS: What do you mean?
WILLIAM K. BLACK: Well, Geithner has, was one of our nation’s top regulators, during the entire subprime scandal, that I just described. He took absolutely no effective action. He gave no warning. He did nothing in response to the FBI warning that there was an epidemic of fraud. All this pig in the poke stuff happened under him. So, in his phrase about legacy assets. Well he’s a failed legacy regulator.
0A
BILL MOYERS: But he denies that he was a regulator. Let me show you some of his testimony before Congress. Take a look at this.
TIMOTHY GEITHNER:I’ve never been a regulator, for better or worse. And I think you’re right to say that we have to be very skeptical that regulation can solve all of these problems. We have parts of our system that are overwhelmed by regulation.
Overwhelmed by regulation! It wasn’t the absence of regulation that was the problem, it was despite the presence of regulation you’ve got huge risks that build up.
WILLIAM K. BLACK: Well, he may be right that he never regulated, but his job was to regulate. That was his mission statement.
BILL MOYERS: As?
WILLIAM K. BLACK: As president of the Federal Reserve Bank of New York, which is responsible for regulating most of the largest bank holding companies in America. And he’s completely wrong that we had too much regulation in some of these areas. I mean, he gives no details, obviously. But that’s just plain wrong.
BILL MOYERS: How is this happening? I mean why is it happening?
WILLIAM K. BLACK: Until you get the facts, it’s harder to blow all this up. And, of course, the entire strategy is to keep people from getting the facts.
BILL MOYERS: What facts?
WILLIAM K. BLACK: The facts about how bad the condition of the banks is. So, as long as I keep the old CEO who caused the problems, is he going to go vigorously around finding the problems? Finding the frauds?
BILL MOYERS: You–
WILLIAM K. BLACK: Taking away people’s bonuses?
BILL MOYERS: To hear you say this is unusual because you supported Barack Obama, during the campaign. But you’re seeming disillusioned now.
WILLIAM K. BLACK: Well, certainly in the financial sphere, I am. I think, first, the policies are substantively bad. Second, I think they completely lack integrity. Third, they violate the rule of law. This is being done just like Secretary Paulson did it. In violation of the law. We adopted a law after the Savings and Loan crisis, called the Prompt Corrective Action Law. And it requires them to close these institutions. And they’re refusing to obey the law.
BILL MOYERS: In other words, they could have closed these banks without nationalizing them?
WILLIAM K. BLACK: Well, you do a receivership. No one — Ronald Reagan did receiverships. Nobody called it nationalization.
BILL MOYERS: And that’s a law?
WILLIAM K. BLACK: That’s the law.
BILL MOYERS: So, Paulson could have done this? Geithner could do this?
WILLIAM K. BLACK: Not could. Was mandated–
BILL MOYERS: By the law.
WILLIAM K. BLACK: By the law.
BILL MOYERS: This law, you’re talking about.
WILLIAM K. BLACK: Y es.
BILL MOYERS: What the reason they give for not doing it?
WILLIAM K. BLACK: They ignore it. And nobody calls them on it.
BILL MOYERS: Well, where’s Congress? Where’s the press? Where–
WILLIAM K. BLACK: Well, where’s the Pecora investigation?
BILL MOYERS: The what?
WILLIAM K. BLACK: The Pecora investigation. The Great Depression, we said, “Hey, we have to learn the facts. What caused this disaster, so that we can take steps, like pass the Glass-Steagall law, that will prevent future disasters?” Where’s our investigation?
What would happen if after a plane crashes, we said, “Oh, we don’t want to look in the past. We want to be forward looking. Many people might have been, you know, we don’t want to pass blame. No. We have a nonpartisan, skilled inquiry. We spend lots of money on, get really bright people. And we find out, to the best of our ability, what caused every single major plane crash in America. And because of that, aviation has an extraordinarily good safety record. We ought to follow the same policies in the financial sphere. We have to find out what caused the disasters, or we will keep reliving them. And here, we’ve got a double tragedy. It isn’t just that we are failing to learn from the mistakes of the past. We’re failing to learn from the successes of the past.
BILL MOYERS: What do you mean?
WILLIAM K. BLACK: In the Saving s and Loan debacle, we developed excellent ways for dealing with the frauds, and for dealing with the failed institutions. And for 15 years after the Savings and Loan crisis, didn’t matter which party was in power, the U.S. Treasury Secretary would fly over to Tokyo and tell the Japanese, “You ought to do things the way we did in the Savings and Loan crisis, because it worked really well. Instead you’re covering up the bank losses, because you know, you say you need confidence. And so, we have to lie to the people to create confidence. And it doesn’t work. You will cause your recession to continue and continue.” And the Japanese call it the lost decade. That was the result. So, now we get in trouble, and what do we do? We adopt the Japanese approach of lying about the assets. And you know what? It’s working just as well as it did in Japan.
BILL MOYERS: Yeah. Are you saying that Timothy Geithner, the Secretary of the Treasury, and others in the administration, with the banks, are engaged in a cover up to keep us from knowing what went wrong?
WILLIAM K. BLACK: Absolutely.
BILL MOYERS: You are.
WILLIAM K. BLACK: Absolutely, because they are scared to death. All right? They’re scared to death of a collapse. They’re afraid that if they admit the truth, that many of the large banks are insolvent. They think Americans are a bunch of cowards, and that we’ll run screaming to the exits. And we won’t rely on deposit insura nce. And, by the way, you can rely on deposit insurance. And it’s foolishness. All right? Now, it may be worse than that. You can impute more cynical motives. But I think they are sincerely just panicked about, “We just can’t let the big banks fail.” That’s wrong.
BILL MOYERS: But what might happen, at this point, if in fact they keep from us the true health of the banks?
WILLIAM K. BLACK: Well, then the banks will, as they did in Japan, either stay enormously weak, or Treasury will be forced to increasingly absurd giveaways of taxpayer money. We’ve seen how horrific AIG — and remember, they kept secrets from everyone.
BILL MOYERS: A.I.G. did?
WILLIAM K. BLACK: What we’re doing with — no, Treasury and both administrations. The Bush administration and now the Obama administration kept secret from us what was being done with AIG. AIG was being used secretly to bail out favored banks like UBS and like Goldman Sachs. Secretary Paulson’s firm, that he had come from being CEO. It got the largest amount of money. $12.9 billion. And they didn’t want us to know that. And it was only Congressional pressure, and not Congressional pressure, by the way, on Geithner, but Congressional pressure on AIG.
Where Congress said, “We will not give you a single penny more unless we know who received the money.” And, you know, when he was Treasury Secretary, Paulson created a recommendation group to tell Treasury what they ought to do with AIG. And he put Goldman Sachs on it.
BILL MOYERS: Even though Goldman Sachs had a big vested stake.
WILLIAM K. BLACK: Massive stake. And even though he had just been CEO of Goldman Sachs before becoming Treasury Secretary. Now, in most stages in American history, that would be a scandal of such proportions that he wouldn’t be allowed in civilized society.
BILL MOYERS: Yeah, like a conflict of interest, it seems.
WILLIAM K. BLACK: Massive conflict of interests.
BILL MOYERS: So, how did he get away with it?
WILLIAM K. BLACK: I don’t know whether we’ve lost our capability of outrage. Or whether the cover up has been so successful that people just don’t have the facts to react to it.
BILL MOYERS: Who’s going to get the facts?
WILLIAM K. BLACK: We need some chairmen or chairwomen–
BILL MOYERS: In Congress.
WILLIAM K. BLACK: –in Congress, to hold the necessary hearings. And we can blast this out. But if you leave the failed CEOs in place, it isn’t just that they’re terrible business people, though they are. It isn’t just that they lack integrity, though they do. Because they were engaged in these frauds. But they’re not going to disclose the truth about the assets.
BILL MOYERS: And we have to know that, in order to know what?
WILLIAM K. BLACK: To know everything. To know who co mmitted the frauds. Whose bonuses we should recover. How much the assets are worth. How much they should be sold for. Is the bank insolvent, such that we should resolve it in this way? It’s the predicate, right? You need to know the facts to make intelligent decisions. And they’re deliberately leaving in place the people that caused the problem, because they don’t want the facts. And this is not new. The Reagan Administration’s central priority, at all times, during the Savings and Loan crisis, was covering up the losses.
BILL MOYERS: So, you’re saying that people in power, political power, and financial power, act in concert when their own behinds are in the ringer, right?
WILLIAM K. BLACK: That’s right. And it’s particularly a crisis that brings this out, because then the class of the banker says, “You’ve got to keep the information away from the public or everything will collapse. If they understand how bad it is, they’ll run for the exits.”
BILL MOYERS: Yeah, and this week in New York, at this conference, you described this as more than a financial crisis. You called it a moral crisis.
WILLIAM K. BLACK: Yes.
BILL MOYERS: Why?
WILLIAM K. BLACK: Because it is a fundamental lack of integrity. But also because, if you look back at crises, an economist who is also a presidential appointee, as a regulator in the Savings and Loan industry, right here in New York, Larry White, wrote a book abou t the Savings and Loan crisis. And he said, you know, one of the most interesting questions is why so few people engaged in fraud? Because objectively, you could have gotten away with it. But only about ten percent of the CEOs, engaged in fraud. So, 90 percent of them were restrained by ethics and integrity. So, far more than law or by F.B.I. agents, it’s our integrity that often prevents the greatest abuses. And what we had in this crisis, instead of the Savings and Loan, is the most elite institutions in America engaging or facilitating fraud.
BILL MOYERS: This wound that you say has been inflicted on American life. The loss of worker’s income. And security and pensions and future happened, because of the misconduct of a relatively few, very well-heeled people, in very well-decorated corporate suites, right?
WILLIAM K. BLACK: Right.
BILL MOYERS: It was relatively a handful of people.
WILLIAM K. BLACK: And their ideologies, which swept away regulation. So, in the example, regulation means that cheaters don’t prosper. So, instead of being bad for capitalism, it’s what saves capitalism. “Honest purveyors prosper” is what we want. And you need regulation and law enforcement to be able to do this. The tragedy of this crisis is it didn’t need to happen at all.
BILL MOYERS: When you wake in the middle of the night, thinking about your work, what do you make of that? What do you tell yourself?
WILLIAM K.20BLACK: There’s a saying that we took great comfort in. It’s actually by the Dutch, who were fighting this impossible war for independence against what was then the most powerful nation in the world, Spain. And their motto was, “It is not necessary to hope in order to persevere.”
Now, going forward, get rid of the people that have caused the problems. That’s a pretty straightforward thing, as well. Why would we keep CEOs and CFOs and other senior officers, that caused the problems? That’s facially nuts. That’s our current system.
So stop that current system. We’re hiding the losses, instead of trying to find out the real losses. Stop that, because you need good information to make good decisions, right? Follow what works instead of what’s failed. Start appointing people who have records of success, instead of records of failure. That would be another nice place to start. There are lots of things we can do. Even today, as late as it is. Even though they’ve had a terrible start to the administration. They could change, and they could change within weeks. And by the way, the folks who are the better regulators, they paid their taxes. So, you can get them through the vetting process a lot quicker.
BILL MOYERS: William Black, thank you very much for being with me on the Journal.
WILLIAM K. BLACK: Thank you so much.
My lender would not talk to me 8 months ago when I told them I was having trouble with my mortgage. They said that my loan was performing so there was no need to discuss modification. I stopped paying the mortgage in an effort to start the negotiations. In January or February when they were ready to talk Rick Santelli and others were calling me a deadbeat and someone who took on too much debt. Then the President goes on TV and says if you are current with payments then you can get help.
Talk about people being out of touch with reality.
As a self employed attorney for 14 years I am now unhireable. I am either overqualified or do not have the requisite big firm experience to get a job with an existing firm.
How in the world am I to have hope when I have no income, and therefore no chance of saving my home. And since I am or was a real estate attorney the bank will and has claimed that I should be held to a higher standard.
I am truly sickened by where I find myself.
My version of the American Dream is dead. It has turned into a giant national nightmare.
Mr. Soliman I appreciate you attempt at rallying the troops but my war has come to its inevitable conclusion.
To: Disillusioned in Chicago.
Never give up and never give in. What if your lender comes Monday morning and has resigned themselves to the same thinking. It happens and for all you know it will. There are so many affirmative defenses and uses of the court you likley have not exhausted your resources.
Heres the thing to remember is your loan maybe predatory. Do you know the test for a predatory loan? Have you reviewed the assumed coveyances or transfers and recording of assignments and verified the standing of the party you faced in court?
A Trust cannot own any assets so they cannot file an assignement until completion of the recovery.
Do you know a 70% DTI ratio will rob you of the ability to afford the obligation and is cause for you losing all your savings and then falling into a deeper debt – that can be easily evidenced by a forensic audit (That is what a forensic audit should uncover and not a worthless TILA Audit).
Now you belong in bankruptcy where it was forced upon you from predatory lending practices where an acceptance platform formed by a Wall Street Defunct firms viewed you as another asset and chance to trade derivitives. Look, I win these cases (as an expert) regularly with people who cooporate and attorneys that just F^%&!^g listen.
Tommorrows lender capitulation (on the table)
Bof A offering -500,000 discount and 4% fixed for 40 years
Downey -365,000 discoounted to zero – charged off by Downey
Its all going to end up with some thrid party buying the home at a flat discouont so compell the other side to settle and move on. Can you afford the home. Get up and fight damn it! You have a new adminsitration wanting to see a verifiable effort for work out and to prevent foreclosures of any more American homes. Or else no more government funds!
Get up off the mat and dont let the last round keep you from winning the match.
admin@borrowerhotline.com
Sadly I must report that I have given up. As a former real estate attorney I feel completely helpless.
I find myself in the same situation as that of every person who comes to this site. I WILL lose my home to the bank. I WILL be forced to file Chapter 7 or 13.
I watched the government and the banks pull the rug out from under EVERY American homeowner and could do nothing. Programs that allowed people to get in trouble were terminated without thought of the MILLIONS of people who would be stuck in bad loans. At the closing table buyers were PROMISED the ability to refinance after 2 years of payments. But when the 2 year period of prompt payments ended the homeowner was told that there were no longer any programs available to them. How on earth did any bank think that people would be able to afford the increased payments once their arms expired?
The facts are simple. The banks and insurance companies have helped destroy this country. They have pulled the ultimate “bait and switch”
Next time this year Bank of America and Wells Fargo will own more than 25% of America.
Perhaps Neil and other attorney’s who get it will be successful in changing the law so that people are protected before banks. Until then, I am not optimistic that help is on the way. I must confess that this site offers little REAL hope for people in trouble because our system is designed to protect corporations and deep pockets over people.
Disillusioned in Chicago.
National Figures Show SFR Foreclosure Rates Rising
“Regional Market Data Reflecting Pressure Due To High Levels ofDelinquency”
April 2nd 2009 Los Angeles Calif -Insider data shows half of all delinquent borrowers likley to avoid necessary lender contact with servicier recovery departments. Consumer’s error as contact is needed for enforcing California cc 2923.5 State assembly ammended the code September 2008 forcing lenders to satisfy the 30 day requirment for providing a modification or feasable solution prior to filings notices. Parties must collectivly demonstrate a work out effort.
Legal challenges likley to follow due to unethical efforts and deceptive intent by collections personel claiming disporortionate high level of consumer avoidance for ensuring borrower rights
Reports show category of borrowers in default who cannot afford their mortgages rising. Recent figures have serious delinqunet numbers continuing to climb. National survey shows Stockton, Calif. Certain Californa regions under continued distressed compared to overall market and having highest national delinquency rate overall; defined by lender filings.
More legal challenges aimed at certain regions that were prior hotbed of activity that are seeing a counter productive market effect. Data supporting the numbers of homeowners in default will continue to climb as with the Stockton, region of Calif., which leads the nation showing the highest foreclosure rate nationally. / Overall the number of foreclosed homes offered as REO rose 50 percent between February and March, according to various reports.
Delinqunecy data sorted by foreclosure postings in other areas starting to ramp / see Dallas-Fort Worth area / Delinquency has accelerated nearly a quarter in recent data reported by (Reuters) – U.S.
Serious delinquncey leading to default will disseminate more negative foreclosure figures / added pressure from concentrated collections and questionable foreclosure bailout practices by lenders seen applying pressure on homeowners with subprime obligations.
Msoliman
admin@borrowehotline.com
Regarding WAMU, It is possible that your original mortgage was not even owned by them, they are notorious for servicing for trusts, as in my loan which I have file with the courts for dismissal of the case. The investor sued me for foreclosure as WAMU tried to modify. Suggestion: send them a Qualified Letter asking who owns the note, “the original ” probably wasn’t enforceable as it more than likely was a trust for some series of stocks etc. Good luck, these guys are slippery, but don’t let them get away with fraud if it exists!
JD – where are you located? In CA we’ve had VERY mixed results in state court stopping trustee’s sales. In bankruptcy the rules change as the putative lender must, in theory, establish it is owed the obligation secured by a deed of trust. 3 very recent decisions out of 9th Circuit BK courts (Vargas, Hwang and Jacobson) support the position we’ve been trying to advance in state court to wit only THE beneficiary of a deed of trust, as that term is defined under California law, can non-judicially foreclose (CC 2924(a)(1)(C)). In terms of stopping sales some courts have simply decided that non-compliance with CC 2924 et seq is a non-issue if the trustor is, in fact, delinquent. While we’d love to take such rulings up on a writ that would take as much work as an appeal and our clients simply do not have the resources to underwrite such an effort. Accordingly, we’re beginning to think our clients may be better off before a BK Judge particularly in light of the opinions in the cases I mentioned. In those cases the respective Judges have ruled that neither MERS nor any “servicier” is a real party in interest with a corresponding right to enforce an obligation secured by a deed of trust.
Walter Hackett, Esq.
Why can’t a trustee of a PSA foreclose? I have heard conflicting theories. Thank You
Hey Phil,
Appeal? Who the hell knew you could appeal this? That was stuff you do in murder trials etc. I left the court that day thinking that was it, game over man. No one said anything about an appeal. (Yeah sure ignorance of the law is no excuse) But after the judges attitude etc, even if I knew I could appeal, somehow I felt I was never gonna win on my own. I found out I could appeal this type of case roughly 10 or 15 days after the deadline had passed. Go figure.
The thing that kills me is that I had thought if you show up “pro se” and at least halfway prepared, the judge is supposedly supposed to act as your ADVOCATE. Not your adversary. In other words allowing a broader scope of what can be said/presented to make a case.
That’s why I filed the BR. If I have found LL just 2 months sooner I probably wouldn’t be in this position.
JD
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.
There is a growing bias away from Superior to District courts and Judges vary in each (Federal venue: YOU MUST HAVE YOUR SHIRT TOGETHER)
It’s not the ability to articulate the pleading as it’s the ability to maneuver through the courts and leverage each stage of opportunity. The process provides that to experienced counsel. Hell, clerks out here will not let you even ask about a Notice of Pendancy without counsel present or file a TRO pending an injunction hearing if there is even one inconsequential error on the motion.
Your Constitutional rights you say! You cannot be denied the right to defend yourself? STOP! Wrong subject matter here!
In the case of a last second ex partie (yes second) and ability to respond to a “sneaky” OSC and to meet conference deadlines, etc etc. I see “pro per” all the time walking into a hearing and learning a summary judgment was entered. They submit claims of failure to provide notice and allege improper service as a counter defense. Then they want to appeal and request a separate hearing, file a motion to vacate or dismiss, counter claim and seek to consolidate in another jurisdiction, set another hearing and …..
WRONG DIRECTION TO BE GOING!
Judge then proceeds to ask how the pro per got to court and they cannot explain why their appearing at all if notice was an issue. People, my opinion and a dollar will not get you bus fare (here in this example) so take it for what its worth.
Find an attorney who can introduce a new concept or approach into the matter. That’s my gauge for qualifying someone who is “in the know” or look into a Limited Scope Assistance Engagement Agreement. Then get an “expert” to join the team… [.I'm swamped but do know there are others out there or here on Livinglies - so call them. (This is not "Spam”)].
Raja did a Limited Scope (in my opinion) and I spoke with the attorney (allowing the respondent to represent himself under counsel’s watchful eye). Raja Right on!
Forget the Bar threats and lawyer arguments and stay focused! Realize the attorney at the least is a mandatory tool to use for ensuring against courtroom hijinks and against procedural nonsense causing there to be an unfair advantage.
C Kop is very good for example – aka Counsel on the cutting edge and he offers new and interesting approaches. However, they are not in anyway intended to yield his clients a helping hand or to allow someone to gain an advantage using his assistance. He tells me call priest or Rabbi therein. The Kop style attorney is programmed to deliver a knock out punch and designed to DISMANTLE the matter and DESTROY any creditor claims under allegations of collateral malfeasance and willfull negligence.
Use a Limited Scope and I have a copy I can share. Or surrender to a Kop Style Attorney. Again, this type of attorney -YOU DO NOT GET IN THE WAY OF AND MUST GO ALONG FOR THE RIDE.
HE’LL SEE YOU IN THE END ZONE AND THAT’S ALL THAT MATTERS TO HIM! THEY SEE THE VENUE AS AN OCTAGON!
Lets put it another way. Want a nice guy, good family man, role model, someone to console you in a difficult time or just want to chat?
F-O-R-G-E-T IT. The Kop attorney profile is by contrast the wrong guy to call.
MSoliman
admin@borrowerhotlne.com
Ps. Now here my opinion worth something: Those of us who use this site and benefit from referrals should kick in some help $$$ for all the work this Livinglies guy has done. Lets get together if need be and do it.
Keep it up Neil!
afterthought to the loan modifacation with Wamu, after they sent me the cancellation letters I made sure not to cross this with any more payment to the acct because I think from what I am hearing they have most likely recorded this paperwork somewhere and now I have a new and “inforcable” note. I have the cancelation letters and have told Wamu on the phone that they canceled the modifacation,which they refuse to hear. I sent them a certified letter with a 20 day response to mark this loan fully satisfied and to release any and all liens against my home and requested all of my payment be returned to me, they did not respond in this 20 day time frame, I called the bank after the 6 day without a response passed the 20 days and was told by customer service that my letter was not on file, I told them that I had a signed reciept that it had reached someone there, they said to fax it to a number that they gave me, I said no , I have the receipt this would start this over again and feel it is a bank ploy. I think they are going to try to enforce the “new note” even though it was obtained under duress and non- disclosure and roped in an inocent person that now may also be in jeporty due to this. Do they think that a closing atty will state that this person was at this closing when he never was and they do not even know what he looks like? has anyone else had a bougus loan modifacation with Wamu in the recent months?
I need a good atty that will do work in Massachusetts, I currently have 4 loans on 4 different properties, I need to get beyond the wriiten qualified request, I have sent out on these and recieved partial docs and docs that were never signed, seen, notorized and also out right fourged, my situation is getting confusing, I have one loan that the 1st 2 years of the payment history is unacountable for even at the 2nd request, I also have the issue that I never recived a payment statement on that loan, ever, and now it looks like the loan was some sort of line of credit and that house is cross colleralized with the primary residence. I also have a loan with a out of business lender by the name of South Star Lending which was assigned to WaMu. Wamu tried to intimidante me into signing a loan modifacation naming another person to the loan that was never on it, and stated that if I did not sign the papers that they would just take the home, after signing in complete duress, I recieved 2 back to back letters stating that “after reviweing my situation and the fact that I did not get the paperwork back in time that they were cancelling my modifacation request.” This was fine with me at this point because I called for all the loan docs after that. I could not understand why they were putting someone else that was never at this closing at the closing table, in past tense. I found, forgery, title tampering, id theft, and tons of violations in the loan papers that I requested after this cancelation letter, Wamu now has put this loan on this persons credit report, without his knowlegde and is refusing to hear my plits, I do not think intimination and non- disclosure of what they were trying to cover up are good sincere efforts on there part, instead of giving me a modifacation I could have afforded they tried to add other people to justify the loan amount. If there are any good attys out there that may be able to help me asap I would be gratful, I am getting tired , I can get as much of the leg work done as possible, alot has already been done, I am stuck at the now what do I do with this mess stage. Thanks in mass.
Hey JD did you file for an appeal? Yeah it does seem kind of odd that the judge didn’t show more leaniency considering you were pro se. Maybe judges don’t like pro se’s because they can do just as good a job if not better than a lawyer.
Hey Phil,
You see the problem is (in my experience) the judges have no clue and or they themselves are in cahoots with several of the foreclosing firms.
The judge in my case CLEARLY KNEW what I was shooting for. If you’re telling me that because I didn’t put the words “MOTION FOR” whatever I lose and get no respect and damn near have the door opened for my exit before the judge said good day. I told the judge straight out, “I WANT TO SEE THE ASSIGNMENT FROM THE OLD TO NEW MTG CO AS REQUIRED BY THE LAW (AND RECORDED), AND, THERE ARE NO “ORIGINAL DOCUMENTS” PRESENTED IN COURT” (AND TO THIS DAY NOT EVEN IN THE COURT FILE)… OH YEAH AND NOT TO MENTION… THEY REFUSED MY RIGHT TO PAY OFF THE DEBT BY NEGLECTING ALL ATTEMPTS WHEN THE LOAN WAS IN GOOD STANDING.
His honor’s reply was, “geez that’s to bad… you should have gotten a lawyer when you wanted to pay them…. and everything “looks in order” to him regarding the assignment etc. I’m sorry. Your house goes up on the blocks in 90 days. Have a good day.”
I was forced to file a Chptr 13 to stop the sale only to have the BR dismissed because as their refusal to refi me sent me into a financial spiral. I WORKED FROM HOME!
So yeah I am pissed right now. REALLY PISSED. Because for all the friggin crap these bastards put me through it would have been easy for someone on the inside (a lawyer) to see right through the BS and be a wealthier man today as a result. Because I couldn’t scratch up $2K because it PUT ME OUT OF WORK. I never said I couldn’t pay, just not $2k upfront.
And I am sorry if my earlier post reflected bad on Neil. I am aware of his schedule etc… my rant was in reference to the two attorneys from the Ft. Lauderdale seminar whom Neil offered his personal guidance to move on the case. I can’t blame him, he did his best to help as much as he could.
As for me… having to file that BR (my second, the first due to a bad divorce in 2002) has ruined me and my ability to even get into a rental agreement for a bicycle on the beach much less a new dwelling. For how long… 5-10 years? I used to have a “self-employed” credit score of 740. My business has been dissolved by the state, my house has since been sold and remodeled.
It’s no wonder people are capping off in the streets.
JD
YOU SEE I CAN ALMOST UNDERSTAND THAT YES LAWYERS WANT TO GET PAID FOR THEIR WORK JUST AS ANYONE WOULD WANT TO GET PAID FOR ACTUAL WORK THEY PERFORM. IT’S NOT UNREASONABLE TO EXPECT COMPENSATION AFTER A LONG HARD DAYS WORK TO BE ABLE TO TREAT YOURSELF TO BEFORE YOU GO HOME… BUT THAT’S JUST IT HOME THERE ARE PEOPLE OUT THERE THAT HAVE BEEN FORECLOSED ON STILL WORKING AND KEEPING THE GEARS TURNING TO PRODUCE A FUNCTIONING SOCIETY. THAT JUST GOES TO SHOW MUCH THEY CARE FOR EVERYONE AS A WHOLE. THEY’RE JUST HOPING THAT THE LAW WILL STEP IN & DO THE RIGHT THING. I MEAN HOW WOULD LAWYERS FEEL IF THE PAPER BOY JUST STOPPED DELIVERING THE WALL STREET JOURNAL TO THEIR HOUSES BECAUSE TOO MANY PEOPLE SUBSCRIBED THEY WOULD CALL THE DELIVERY SERVICE CO. AND RAISE HELL RIGHT? WELL IT SHOULD WORK BOTH WAYS! BUT YOU LAWYERS AND EXPERTS BETTER REMEMBER AND APPRECIATE ONE THING AT LEAST YOU GUYS HAVE A HOUSE TO COME HOME TO. THAT BEING SAID PLEASE REMEMBER HOMEOWNERS ARE PEOPLE TOO AND DESERVE THE RESPECT TO BE AKNOWLEGED & GIVEN AN ANSWER.
YOU SEE I CAN ALMOST UNDERSTAND THAT YES LAWYERS WANT TO GET PAID FOR THEIR WORK JUST AS ANYONE WOULD WANT TO GET PAID FOR ACTUAL WORK THEY PERFORM. IT’S NOT UNREASONABLE TO EXPECT COMPENSATION AFTER A LONG HARD DAYS WORK TO BE ABLE TO TREAT YOURSELF TO BEFORE YOU GO HOME… BUT THAT’S JUST IT HOME THERE ARE PEOPLE OUT THERE THAT HAVE BEEN FORECLOSED ON STILL WORKING AND KEEPING THE GEARS TURNING TO PRODUCE A FUNCTIONING SOCIETY. THAT JUST GOES TO SHOW MUCH THEY CARE FOR EVERYONE AS A WHOLE. THEY’RE JUST HOPING THAT THE LAW WILL STEP IN & DO THE RIGHT THING. I MEAN HOW WOULD LAWYERS FEEL IF THE PAPER BOY JUST STOPPED DELIVERING THE WALL STREET JOURNAL TO THEIR HOUSES BECAUSE TOO MANY PEOPLE SUBSCRIBED THEY WOULD CALL THE DELIVERY SERVICE CO. AND RAISE HELL RIGHT? WELL IT SHOULD WORK BOTH WAYS! BUT YOU LAWYERS AND EXPERTS BETTER REMEMBER AND APPRECIATE ONE THING AT LEAST YOU GUYS HAVE A HOUSE TO COME HOME TO. THAT BEING SAID PLEASE REMEMBER HOMEOWNERS ARE PEOPLE TOO AND DESERVE THE RESPECT TO BE AKNOWLEGE & GIVEN AN ANSWER.
Thank you Walter That was very nice of you, JD I thnk maybe you should look into that, it couldn’t hurt. Just find out if maybe they can work out a contingency or payment plan or some thing.
Neil, I’m back in the Bay Area (Berkeley). I have fashioned a delivery system for my nuke warheads and plan on the first detonation this coming week. You will be meeting Soliman and I as I understand it, in SoCal. Bring your goggles.
Steven K. Kop
818.917.3370
bluejaylaw@gmail.com (email before calling please)
I’d suggest you contact April Charney in Jacksonville. She belongs to multiple lists and can almost certainly refer you to a FL practitioner who will represent you for a reasonable price.
Walter Hackett, Esq.
I wouldn’t expect a quick reply Phil. All these guys are interested in ONE THING. MONEY!!!!
I still haven’t received a reply from Neil himself who promised to help with my case as well as the two attorneys here in FL.
I am sure if had the means to plop down a $5,000 retainer though, I would have gotten some action.
6 months and counting since I was promised help. My has was stolen, and resold as I remain homeless.
JD
SOLIMAN are you even going to give me a response to any of my posts? I think there are some valid points but you guys are obviously too busy scolding someone who questions the advise you give rather than help out a homeowner in foreclosure that is facing the same obsticales you mentioned in your scolding.
Dear Attorney,
You, who submitted the license concerns, Bar and practice issues. Let me THANK YOU for championing a novel concept for never practicing law or interfering with an attorney client relationship.
However, I ask why go after Livinglies website which has absolutely nothing to do with the promotion of unlawfulness and the State Bar. It’s not about trying to replace an attorney’s role. It’s about finding one and avoiding malpractice! It’s about the lack of knowledgeable attorneys and get legal representation who UNDERSTANDS Mortgage Loan Hieroglyphics, Acceptance Zen and the Prospects of Underwriter Life Developing on Mars. So what do you know and are you the pro Bono Savior each homeowner is waiting for?
What is your email address for the readers suffering right now! The few legal minds who understand this toxic-thermal mortgage mess are gone. They were hired by the lobbying effort and paid for from institutional earnings stolen from cash strapped investors and borrowers.
If you need emergency medical treatment for an ailment – seek out a physician licensed by the appropriate medical board. What if for treating an immediate medical emergency or suffering brought by a cataclysmic destructive event such as an earthquake? A humanitarian view is to use any training (CPR) and resources around you (shirt of your back) to restore breathing, halt bleeding and save lives.
Woe to the attorney that dare step forward and require a license of the party who saves a life in an emergency. It’s your kind however that will bring arguments and demands upon fellow men after the human condition is restored and suffering and bleeding are long forgotten.
So will the Bar force attorney’s to get up to speed, stop taking money for nothing of value and to represent homeowners for a reasonable fee. Please Counsel, embrace this effort, jump in and Assist those who are suffering the humiliation and threat of loss from a foreclosure and that which does not what meet the eye. That loss is family, friend’s school and unfortunately identity.
The lender will not offer assistance without a calling card and that is a pleading. No one advocates practicing law where only an attorney can – but they do ask the attorneys of the United States to take the next 20 years to get up to speed.
At first glance and upon talking to lawyers on both sides, counsel will typically start with an insult and ask if I am an attorney. I say no sir, no apology necessary. An expert is not an attorney and really more an accountant (auditor) by trade. But I know this much.
A lawsuit is a civil action brought in a court of law by a plaintiff seeking relief from the court against the party named as the defendant. And in most instances, a lawsuit contains a request for monetary damages. And lenders won’t talk seriously to you without you demand having been made in a pleading
According to a random reference book I found, Black’s something or other, “lawsuits can be brought for a large number of reasons such as breach of contract, seeking damages from an accident or other incident, seeking punitive damages if allowed by law, seeking an injunction to stop an action, for real estate disputes, dog biting people, neighbors walking across my yard to create a shorter path to one another and so on. Do you agree the list is endless?
SO WHAT!
Counsel, I would be foolish to see a dentist for neurosurgery. Yet I submit here that a divorce attorney is no more or less skilled at defending a wrongful foreclosure than is a Probate, Contract, Securities or Real Estate attorney. Each can argue a tort or breech yet none can seem to find it. Your sector of society will step in and argue the window dressing and wrapper but where’s the beef?
I have been there to testify and heard the lawyer’s gibberish responses. You see I was the one who would not agreed to allow a securities offering to go forward while working on staff with lawyers as a consultant. And under protest I held back another toxic offering usually at the expense of missing my payment due for services rendered. Concerns were for why the issuance would fail under certain FASB and GAAP stress tests. I have also thrown people out of there home and know the tricks such as waiting near a holiday, Thanksgiving, Christmas and Valentines Day to make my point clear. “Make your payment regardless of the Quality Control audited findings and exposure we see on your loan while trying to shield our firm’s massive vulnerability”.
From Sub prime misfits to the elite of the industry. Companies like Citigroup have established itself as a powerful player in subprime market acquiring competitors and employing its vast capital resources and its name-brand respectability. A report cites CitiFinancial, its flagship subprime unit, claims 4.3 million customers and 1,600 plus branches in forty-eight states, including nearly 350 offices across the South. Things don’t stop with CitiFinancial, however. The web of subprime is woven throughout Citigroup. Sandy Weill’s company has refashioned itself into a full-service subprime enterprise—one that makes high-cost loans and sells securities backed by the income streams from all these transactions. In 2000, one study calculated, nearly three of every four mortgages originated within Citigroup’s lending empire were made by one of its higher-interest subprime affiliates—nearly 180,000 loans out of a total of 240,000-plus mortgages for the year.
Why the attraction and what’s the best feature? High profitability or no downside in bad times?
In similar situations our sub prime goal was maximize profitability by stimulating hyperactivity in good times and foreclosure trading in black markets in bad times. Point is do you really know the dirt in the detail and can you offer anything to a client who borrowers $5,000 for a retainer and has nothing to show for it at time of a trustees or sheriff sale.
What class suits were you intimate or involved with? Want to talk about some of the questions surrounding Section 17(a) of the Securities Act of 1933 (“Securities Act”) and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 there under. If found violating the registration provisions, Sections 5(a) and 5(c) of the Securities Act.
Help us, can you allow a plaintiff in a wrongful claim to seek a judgment of permanent injunction, disgorgement and civil penalties against the Funding Entities, and disgorgement against certain Holdings, pending the matter? Pro per?
How about yours and my own experience or expert witness roles in caes such as –
FTC v. Associates First Capital Corporation, Associates Corporation of North America, Citigroup Inc., and CitiFinancial Credit Company (Northern District of Georgia, Atlanta Division). Civil Action No. 1:01-CV-00606-JTC; and
Federal Trade Commission, Plaintiff, v. First Alliance Mortgage Company, a California corporation, First Alliance Corporation, a Delaware corporation, First Alliance Mortgage Company, a Minnesota corporation, and Brian Chisick, Defendants, and Sarah Chisick, Relief Defendant (Central District of California, Southern Division), Civil No. SACV 00-964 DOC.
Lawyers in the endeavor lack direction for basis and legal substance to address the dilemma. Consider the following:
1) The role of a CDO investment under an SEC Blue Sky for $300 million
2) Why a financial publicly traded monster like B of A. will use a Reg. D private placement intended for a small guy who could not afford the cost to register a shelf
3) Why the hell is Citi or B of A is accessing and investing capital in the name of a silly venture
4) Why are institutional giants (ENRON in Reverse) subjecting liquidity which is an “Asset” to off balance sheet treatment? (What the F#$%)
5) Does the behavior of a “Veg -O- matic” sliced and diced onion (I mean security) in a CDO really merit the highest rating possible by a rating agency
6) Were the “X” Rated services of Moody’s and Duff wrongful and deceptive or simply pawns giving no concerns to the manufactured 680 borrower score?
7) Why is the MERS and Lost Note gibberish continuing to smoke screen the role of principal participant involvement prohibited by FIERREA legislation
8) Why are derivatives trading a smoking gun for misaligned acceptance practices to unqualified borrowers?
9) How is GAPP and a ABA manifest the sole tool to bring down the structure big time capital investors are hiding under
10) Why did AIG take the bonuses knowing the back lash was inevitable (ask yourself that one as I for one think they deserve every cent for buying into the lies)
I believe every civilized government provided its land barons the right of counsel before the king where land was seized from peasants in exchange for economic support (bribery) under a monarchy. Counsel came at a cost as it does today and was afforded only to the aristocratic minority who garnered the majority of the land and who could afford the protocol. That is to lawfully argue the right to steal land from another who could not afford to be represented. Our first President ensured the subjects of the crown were replaced with the citizens of a government. Washington proposed the ideal of a presiding leader voted in by the people for a set term. The right to revolt was replaced by the concept of the right to vote. And here’s a brilliant novel approach to deter anarchy and threat of coup. By allowing the citizens of a nation to share in the ownership of the land you remove the motivation to rally one and other against those who control the land and govern by tyranny and threat of force.
There is evidence the lobbying effort of the mortgage banking industry are becoming more organized, gaining clout in the courts and monetarily growing by the day. Politicians seeking to help constituents at this time are eventually going to need funding to remain in office. Cash strapped and broke homeowners are not the best capitalized population of voter revenue a politician will seek out for assistance. The fight is not so much about the fact people are losing their homes as much as it is the myriad of current and foreseen circumstances casing them to lose their homes.
Your remarks are just what the lobbying effort will use over time to crush the homeowner’s chances to survive. Home owner’s rights and survival refers the unbearable cost of seeking out a high priced lawyer’s retainer and menacing obstacle for lawyers who do not fully understand. By understand I mean as Garfield say’s “in the know” about Nuclear Thermal Devices (Carl Kop ESQ) and advanced Quantum Physics and Mortgage Acceptance and Beneficiary Rights to Recovery.
If the Office of the Comptroller is asking why organizations like “ACON and “DOPE” can’t seem to procure any modifications – well sir, what we have here is an inability to communicate.
Sub prime is not a discrimination issue either! So is this the best our lawyers can do for the average guy? The NAACP filing of a discrimination charge using a suit filed back in 2007. Wells Fargo Corp. and HSBC Holdings PLC is the target of separate lawsuits being filed by the NAACP, which alleges the banks were engaged in “systematic, institutionalized racism” in their subprime mortgage lending businesses. The lawsuits, which the NAACP said would be filed in U.S. District Court in California, allege that African-American homeowners were frequently steered into mortgages with higher interest rates than other borrowers with similar credit histories. The two new lawsuits are related to a broader July 2007 lawsuit NAACP filed against some of the nation’s largest lenders for discriminatory lending practices. The allegations against HSBC and Wells Fargo were being filed as a result of subsequent investigations and calls made to the NAACP.
Sub prime lenders are blind to color and racial profiling. They will rip anyone off with no certain preference!
This is a Foreclosure crisis that has yet to reach maximum proportions and that will strangle out the cities of America with lost revenue from a dwindling tax base and add pressure to a country that now needs a socialist tax base in order to survive. A socialist tax base but without any of the programs one could expect in a socialist government.
So, are you a divorce attorney? Can we get your license and ask you . . . what is it you mean to say?
M Soliman
http://www.borrowerhotline.com
Edwin Mendaros is working with the Law office of Tracy
Woods or vice versa but i know he owns the company and
attended your seminar in Napa this year. I also was
charge an upfront fee of $2,500 DEPOSIT since they actually
charge 6,000 gave my file to them on December and I got
a trustee sale of January. I almost lost my house . Be very
careful of who you ask to help you anyway his wife at least
said this is very new to them and they are in their learning
process i just don’t want them to practice on my house.
I didn’t realize you were “campaigning” to have people assure you that saying things like “you should never negotiate” or “you’re a victim of predatory lending” and expressly contradicting what a licensed attorney has counseled them to do is NOT giving legal advice. Of course, I noticed that you fail to point out that you are telling people they should NOT listen to their attorneys and should, instead, listen to you. Perhaps, rather than look for moral support, you should run the facts by the State Bar and get their feedback on the topic. I think you’ll be quite surprised to learn their view of the matter.
Walter Hackett, Attorney at Law
Livinglies. Neil, etc. had nothing to do with this. In fact 2006 when we fought New Century Mortgage, EMC, Encore, Ameriquest and Quick Loan Funding we had an Attorney who only sold us out. What would you do?
You are absolutely right I am not an Attorney and I am very happy for you because you have not and shall never experience losing your home.
Long before we met you, the fliers we used to give to people were final injunctions and permanent judgments along with the complaints and lastly showing people 2 ways to stop foreclosure- holder in due course and an audit.
Since when did common sense become giving legal advice?
“Loans originated with fraud and predatory lending should never be “modified or refinanced”.
They should be repudiated.
Violations of the FannieMae guidelines, which is not only the vast majority of all mortgages, but is also used as an industry standard. Any violations (FRAUD), means the lender must buy back the loan.”
– Robert Tapia
These statements are both legal opinions and, more importantly, they are absolutely wrong. Please do NOT tell anyone things like this. I found these statements at http://activerain.com/blogsview/836252/Forensic-Loan-Audit
There is no such thing as a “violation” of Fannie Mae guidelines.
The guidelines ONLY apply to loans sold to Fannie which MOST subprime loans were not. Also, telling people that their loans should “never” be modified or refinanced is going to result in two things – they will lose in court and they will lose their homes. California law now requires lenders to negotiate with homeowners as a condition for a non-judicial foreclosure. Telling borrowers they should never negotiate is telling them to refuse the protections the law provides for them and will, in all likelihood, guarantee they lose their homes. Further, “predatory lending” in California is defined by statute. Regardless of anyone else’s personal opinion VERY few loans fall into this category due to a ruling from the Fourth District Court of Appeals in a case known by Wolski.
You MUST stop giving legal advice and opinions. I’ve repeatedly offered to instruct you on the distinctions between giving personal opinions and offering legal opinions and advice. Unfortunately I can’t continue to make this offer. I will ask you one last time to setup a date and time to come to my office and I will help you understand what you can and cannot say to people facing foreclosure or who MAY be victims of fraudulent practices. I am having far too many of my clients tell me they don’t want to negotiate they want to sue DESPITE my professional counsel that they first try to negotiate. This is becoming a very real problem for my practice and is going to result in many of my clients losing their homes and destroying their chances of prevailing in court. Juries do NOT look kindly on unreasonable people. A lender that can prove it tried to negotiate affordable loan terms with a plaintiff that REFUSED to negotiate has an exceptionally good chance of winning in court. The law favors those who try to correct their mistakes and does not favor those who refuse to be reasonable.
Walter
Hi, I checked the ‘Lawyers Who get it’ list, but alas, no attorneys listed in Tampa for foreclosure defense.
Can anyone recommend one that they have worked with or who has considerable experience?
Thank you! And this site is great!
Steven Kop: Thanks for that. can you elaborate either here (best choice) or in email to ngarfield@msn.com?
M. Soliman and Honorable Council:
It would be my understanding that a recording of an assignment of mortgage is not to be construed as an assignment of a note that the Servicer is attempting to use to foreclose. You cannot default on a Mortgage / Deed of Trust, only the Note which is the promise to pay. Unless the foreclosing entity has both the Note and the Mortgage / Deed of Trust in their possession and the notice of default is sent by the Noteholder according to the agreement and promise to pay in the Note there is no standing to foreclose by MERS or a Servicer.
Most Courts are always trying to throw a wrench into being the determining factor in interpretation of the law when Every client should demand a jury trial. This recent ruling is a clear indication.
Garza v. American Home Mortgage, 2009 U.S.Dist. LEXIS 7448, which cites Yamamoto, defendants like Barclays are arguing that a TILA plaintiff seeking rescission must ALLEGE ability to tender (which often cannot be truthfully done). This is from Garza, decided Jan. 26, 2009:
“Ms. Garza’s problem is that the complaint fails to address head on her ability to tender loan proceeds. The complaint fails to hint that Ms. Garza is able to fulfill her obligations under 15 U.S.C. Sec. 1635(b) and 12 C.F.R. Sec. 226.23(d). Rescission is an empty remedy without Ms. Garza’s ability to pay back what she has received (less interest, finance charges, etc.). The complaint lacks a necessary element of Ms. Garza’s TILA rescission claim. As such, the TILA rescission claim is dismissed with leave to amend to allege, subject to F.R.Civ.P. 11(b) requirements, that Ms. Garza has the ability to tender and pay back what she has received.”
The court would have to first determine that Ms. Garza did in fact had a right to rescind the Note. IF Ms. Garza gave notice and American Home Mortgage failed to give the rescission she has been damaged especially if AHM is not the holder of the note. Even if the Obligor alleges he can tender by return of the property satisfies the requirement in the code.
Mortgage Audits
Counselors,
A logical, traceable public record and chronological orderly chain of assignments is required to tract the transfers of an asset. The transfer, to be arms length, should conduct itself with consideration amongst parties and a clear intent as to benefit of each of the parties (no material misrepresentations).
Basis accounting under FASB rules and regulatory demand mandate proper accounting for companies and using gain on sale accounting methods. The assignment can be documented for tax reporting purposes from ledger journal entries by the purchaser and seller.
The 2007 Decision by a federal Judge stopping 14 foreclosures in Ohio was because the actual mortgage notes could not be produced in court. If the Lost Note is in fact really displaced, there will also be a lost attached endorsement, Notary Jurat and missing corporate assignments. The missing assignment if delayed and not verified by a recording will make a dispute difficult to prevail after transfers are alleged. It will not be hard none the less for the Juris Pro expert to locate the notes where I expect to find it if allowed under a subpoena. Boyko 2007 Foreclosure Decision — Deutsche Bank Nat’l Trust Co. v. Steele, 2008 WL 111227
UCC SECTION 3-309 qualifies arguments addressing a missing note, under UCC §3-309. California law does not provide the same simple solution. Under the UCC provisions a party entitled to enforce an instrument which has been lost, destroyed or stolen may enforce the instrument. If the court is concerned that some third party may show up and attempt to enforce the instrument against the payee, it may order adequate protection. However, Parties seeking to enforce a missing instrument must be a person entitled to enforce the instrument, and that person must prove the instrument’s terms and that person’s right to enforce the instrument. §3-309 (a)(1) & (b). To represent MERS as beneficiary or other interests in a lawful assignment at closing and through subsequent assignments is solely to shelter the FSB using multiple combinations known as SPV’s.
Regulatory requirements imposed by the IRS for avoidance of a debt structure, supporting a bankrupt insulate entity enable the Special Purpose Vehicle (SPV) to insulate the platform from federal regulatory restrictions imposed upon a Federal Thrift (see 1989 – FIRREA) Therefore you are working around the FSB or Thrift exempt from participating in high yield and high risk commercial lending or the equivalent known as Sub Prime. FIRREA created two new deposit insurance funds. It abolished the Federal Savings and Loan Insurance Corporation (FSLIC); the fund originally administered by FSLIC became the Savings Association Insurance Fund (SAIF). It also created the Bank Insurance Fund (BIF).
Both of these funds were to be administered by the Federal Deposit Insurance Corporation. This section of FIRREA was amended by the Federal Deposit Insurance Reform Act of 2005, which consolidated the two funds. Critics of FIRREA assert that, rather than respond effectively to the S & L crisis, the act actually exacerbated the crisis and made it a true disaster.
Questionable third party, less than arms trustee sales (California) by financial institutions, after a rush to foreclose, and where obtaining a default judgment after MERS has sat on the deed is wrong. MERS Execs who want to challenge this Juris Pro Expert are forewarned – I will demonstrate why you cannot prevail here.
M Soliman
Juris Pro Expert
Neil, and Opposers of the New World Order:
There is a schism in caselaw between The East (mortgage) and The Left Coast (power of sale, trust deed extra judicial) it appears: recordation of assignments is necessary to PERFECT AGAINST BFP/Es on the Left Coast while it is NOT in Old Guardland. (consult with your local attorney).
Cheers
Steven K. Kop
Attorney at Law
818.917.3370
bluejaylaw@gmail.com
Neil, once the mortgage has been adjudicated unenforceable and title is quieted, then a bankruptcy court will allow the borrower to propose a 100% payment proposal – on dismissal; to allow the creditors full pre-bankruptcy rights as they existed before the bankruptcy filing. Yet, “having rung the bankruptcy bell” many judges will refuse to allow a borrower to dismiss unless the court is fully satisfied that the creditors will in fact receive at least the same treatment that they would have received had the bankruptcy case been processed to its finality under the Bankruptcy Code.
I hope this answers your questions.
Steven K. Kop
Attorney at Law
Hello to all you attorneys, and thanks Neil for this website. Because of you, I have filed a suit against my lender in pro se. I am not in default. All my payments have been made on time. I discovered that GMAC had not only my original loan application, but a second loan application that was created by some unknown person. And it was WAY different than my loan application. The income was pumped up considerably. I think they, GMAC, may have done this so they could “sell” my loan? In any event, they violated several state and federal laws in doing this. What I need now is to file a temporary restraining order to stop them from initiating a foreclosure and from reporting to the credit bureaus, because I do not want to continue paying them on this illegal loan transaction. I don’t mind escrowing the payments, I just do not want to continue to pay them. Do you have a form for a TRO? Also, GMAC removed the case from my local state court to federal court. Should I fight to keep it in state court? I am in Idaho. Any attorneys who “get it” in Idaho can please let me know about yourselves.
Diane
Steven Kop: What about getting rid of the would-be foreclosers and dismissing the bankruptcy where the petitioner has other ways of dealing with other creditors?
Correction to last post:
There is a trap for the unwary in CH 7: CH 7 Trustee abandonment of the CH 7 “chose in action.”
Neil, I notice your use of the Bankruptcy Code term of art “plan.” There is no “plan” in CH 7, only in CH 13 and 11. That is why I will not file ANY CH 7 cases for any client with a mortgage challenge issue. There is a trap for the unwary in CH 7: CH 7 abandonment of the CH 7 “chose in action.”
Respectfully,
Steven K. Kop
Attorney at Law
Neil, I need not even get to the “note gone missing” to detonate the first nuclear warhead in my arsenal. If there are trustees that will “finance” or “contingency” a CH 7 fight, all the better. Most will not, IMHO. Let’s talk very, very soon. I have a national title company in my corner. They “get it.” In 10 minutes of convo.
They are my “Goodhousing Seal of Approval” and will write title litigation guarantees across the US.
Steven K. Kop
Attorney at Law
818.917.3370
bluejaylaw@gmail.com (email BEFORE calling)
I have built the legal equivalent of a thermo nuclear warhead in the fight against Wall Street and the securitized mortgage industry, the Evil Empire of our generation.
I am now fashioning a delivery system. God help you, everyone, The Enemy.
Steven Kop: While you are correct in what you say, in practice it looks like it might work a little differently. Several U.S. Trustees are looking at plans that allow the Petitioner in ANY proceeding to fund the litigation or make arrangements that challenge the rights of the would be forecloser on the basis of lack of standing and failure of their position as a secured creditor. My suggestion is that BKR lawyers get in touch with U.S> Trustees in their neighborhood and discuss the matter, perhaps with one of the lawyers who regularly represents the Trustees in matters requiring litigation (either adversarial proceedings or otherwise).
We have common ground on NO CH 7 !!!!!
Simple reason: your claim against your mortgage lender IS NO LONGER YOUR OWN, BUT IS OWNED BY THE CH 7 TRUSTEE WHO CAN AND WILL ABANDON IT, LOSING IT FOR YOU FOREVER BECAUSE THE C7T DOES NOT WANT THAT WAR WITH THE ATTENDANT EXPENSES WHERE HIS/HER WARCHEST IS EMPTY!!!
AS A CH 13 OR 11 DEBTOR-IN POSSESSION YOU CONTROL THE “CHOSE IN ACTION” WHAT HAPPENS TO IT, WHO LITIGATES IT FOR YOU, AND HOW IT AFFECTS YOUR CH 13 OR 11 PLAN !!!!!!
DONT FILE CH 7 CUZ IF YOU DO YOU MAY AS WELL WALK AWAY FROM YOUR HOME AND PROPERTIES!!!!!
Steven K. Kop
Attorney at Law
818.917.3370
bluejaylaw@gmail.com
(email BEFORE calling me please)
Steven Kop,
No need for a brief here, I know exactly what you are saying but keep in mind, because of experience starting about 5 years ago, we do not do Chapter 7′s when there a 13 available. However, we do look back and see what brought you into the BK to begin with.
We always attempt to bargain with the Trustee to get them to abandon the outcome of the adversary hearing. If the BK Trustee wants to hire the attorney and work that way we will consider the options to the betterment to the client.
I started in this legal business with my fishing buddy who is an attorney. I learned how to collect on contracts in small claims court. I now have two appellate wins and a Supreme Court win here in Arkansas as it pertains to the collection of a debt. I have another case in the Supreme Court which is a case of first impression on a mortgage issue. It has been sitting there for over 18 months.
I know what I am doing and stay away from BK Ch. 7′s. for sure.
So perhaps we may agree with each other and can build on that.
Mortgage Audits
M.A. I really did NOT intend to write a legal brief here. It is late and I have been at a 341A hearing for 6 hours, mostly waiting around.
Reserving a plenary analysis and response for a later time, several of your points leap out in conflict with one another and law – bankruptcy law.
For example: if you are right and the borrower walks “free” without paying, but there is a “debt” which can be discharged in bankruptcy according to your analysis
WHAT ABOUT THE ASSET – THE REAL ESTATE – WHICH IS NOW OWNED FREE AND CLEAR BY THE BORROWER, WHO THEN FILED CH 7 AND NOW IS VESTED AS A VALUABLE ASSET BEYOND THE CH 7 DEBTORS HOMESTEAD AND IN CONTROL BY THE CH 7 TRUSTEE WHO WILL SELL IT OUT FROM UNDER THE BORROWER/DEBTOR, GIVE HIM/HER THE HOMESTEAD EXEMPTION, TAKE THE TRUSTEE FEE, AND DISTRIBUTE THE BALANCE TO THE UNSECURED CREDITORS PRO RATA, INCLUDING THE NOW UNSECURED LENDER.
Without actual numbers to put this into context, it is hard to tell if this is in the best interest of the borrower, but i suspect it will end up in a – pardon the french – clusterfuck for the borrower, and a quick, easy but slightly diluted return to the lender, which will not have to chase the borrower in state court, but rather will have it served up to the lender on a platter by the Ch 7 trustee. No bueno, guy. Nothing personal. It’s pure Mortgage law/bankruptcy analysis that I have been doing now for nearly three decades.
More later.
Steven K. Kop
Attorney at Law
818.917.3370
bluejaylaw@gmail.com
Hi Neil, in response to Steven K. Kop, Attorney at Law
818.917.3370
First let me say that I do not know you and you do not know me. I would like to believe that we are on the same team and we are doing our best to have and show respect for the law. I am from Arkansas in our Constitution at Article 2, Declaration of Rights at 2. Freedom and independence.
All men are created equally free and independent, and have certain inherent and inalienable rights; amongst which are those of enjoying and defending life and liberty; of acquiring, possessing and protecting property, and reputation; and of pursuing their own happiness. To secure these rights governments are instituted among men, deriving their just powers from the CONSENT of the governed.
Whow! Consent is the word that binds us to the law. I do not know about you but I have never given my consent to be governed by this or any government. I have spoken to thousands of Americans and I have yet to have one of them to say they have ever given their consent.
Consent, we see that in rape cases where it is considered a rape if a women does not give her consent. Are we being raped by our government by forcing the rule of law upon the people by the barrel of a gun. I guess that is something to think about.
In response to your statements I believe by my second entry, who is the Lender, holder of the Note, true party of interest would have to either accept the property and claim it within the 20 days or the obligor no longer has an obligation to pay for it.
In rescission, the note is void and the security interest is terminated. Which means that the money (FRN’s) is unsecured. Now since it is an unsecured debt, go into bankruptcy and have it discharged. That is what BK’s are for, right?
I believe after the 20 days and the Lender does not return your funds that you sue the Lender and force them into the court and require the court to prove “standing” by producing the original note within a 15 day period. Put the attorney in the hot seat and ask him if he verified his clients standing by having his client produce the original note for his own inspection and verification before representing him.
I have yet to see this happen.
Look at the Note from a home loan closing or a refinance. The Note says that the Noteholder may contact the Borrower. I have never seen a Note say that the Servicer can contact the Borrower. You cannot default on a Mortgage/Deed of Trust, only the Note as it is the Promise to Pay….
The courts are playing games. If you get a Judge who is playing games it is time to Fire Him and hire another Judge and start cleaning up the Bar. As in “the rest of the story” it may be time to run them out of town…
Why is it a secrete that Lenders do not let the Borrower know that they are the new Noteholder?
I will get with you on the Jones case. Good evening..
Mortgage Audits
M.A., your cite to Jones is incomplete. Give me the complete citation so I may respond.
The borrower may retain possession after recission. The “debt owed” is the principal amount of the loan. Off to court or I’d give you the authority. That is why it is called “rescission” not “extinguishment of all obligations”. Think about the reason for the rescission rule. Inadequate disclosure, cant assess improper charges. Not death penalty of lender forfeiture of the principal. I’m pretty confident of this without looking at Jones or the TILA statutes yet again.
The lender’s remedy is to sue for “restitution.” Now the borrower has an asset to sue against. Free and clear real property. I will follow up when I have time. Anyone else can jump right in if they are able.
Steven K. Kop
Attorney at Law
For my last rant of the day I would like to post this information on your blog….many many thanks…
WHERE’S THE NOTE, WHO’S THE HOLDER: ENFORCEMENT OF PROMISSORY NOTE SECURED BY REAL ESTATE
HON. SAMUEL L. BUFFORD
UNITED STATES BANKRUPTCY JUDGE
CENTRAL DISTRICT OF CALIFORNIA
LOS ANGELES, CALIFORNIA
(FORMERLY HON.) R. GLEN AYERS
LANGLEY & BANACK
SAN ANTONIO, TEXAS
AMERICAN BANKRUPTCY INSTUTUTE
APRIL 3, 2009
WASHINGTON, D.C.
WHERE’S THE NOTE, WHO’S THE HOLDER
INTRODUCTION
In an era where a very large portion of mortgage obligations have been securitized, by assignment to a trust indenture trustee, with the resulting pool of assets being then sold as mortgage backed securities, foreclosure becomes an interesting exercise, particularly where judicial process is involved. We are all familiar with the securitization process. The steps, if not the process, is simple. A borrower goes to a mortgage lender. The lender finances the purchase of real estate. The borrower signs a note and mortgage or deed of trust. The original lender sells the note and assigns the mortgage to an entity that securitizes the note by combining the note with hundreds or thousands of similar obligation to create a package of mortgage backed securities, which are then sold to investors.
Unfortunately, unless you represent borrowers, the vast flow of notes into the maw of the securitization industry meant that a lot of mistakes were made. When the borrower defaults, the party seeking to enforce the obligation and foreclose on the underlying collateral sometimes cannot find the note. A lawyer sophisticated in this area has speculated to one of the authors that perhaps a third of the notes “securitized” have been lost or destroyed. The cases we are going to look at reflect the stark fact that the unnamed source’s speculation may be well-founded.
UCC SECTION 3-309
If the issue were as simple as a missing note, UCC §3-309 would provide a simple solution. A person entitled to enforce an instrument which has been lost, destroyed or stolen may enforce the instrument. If the court is concerned that some third party may show up and attempt to enforce the instrument against the payee, it may order adequate protection. But, and however, a person seeking to enforce a missing instrument must be a person entitled to enforce the instrument, and that person must prove the instrument’s terms and that person’s right to enforce the instrument. §3-309 (a)(1) & (b).
WHO’S THE HOLDER
Enforcement of a note always requires that the person seeking to collect show that it is the holder. A holder is an entity that has acquired the note either as the original payor or transfer by endorsement of order paper or physical possession of bearer paper. These requirements are set out in Article 3 of the Uniform Commercial Code, which has been adopted in every state, including Louisiana, and in the District of Columbia. Even in bankruptcy proceedings, State substantive law controls the rights of note and lien holders, as the Supreme Court pointed out almost forty (40) years ago in United States v. Butner, 440 U.S. 48, 54-55 (1979).
However, as Judge Bufford has recently illustrated, in one of the cases discussed below, in the bankruptcy and other federal courts, procedure is governed by the Federal Rules of Bankruptcy and Civil Procedure. And, procedure may just have an impact on the issue of “who,” because, if the holder is unknown, pleading and standing issues arise.
BRIEF REVIEW OF UCC PROVISIONS
Article 3 governs negotiable instruments – it defines what a negotiable instrument is and defines how ownership of those pieces of paper is transferred. For the precise definition, see § 3-104(a) (“an unconditional promise or order to pay a fixed amount of money, with or without interest . . . .”) The instrument may be either payable to order or bearer and payable on demand or at a definite time, with or without interest.
Ordinary negotiable instruments include notes and drafts (a check is a draft drawn on a bank). See § 3-104(e).
Negotiable paper is transferred from the original payor by negotiation. §3-301. “Order paper” must be endorsed; bearer paper need only be delivered. §3-305. However, in either case, for the note to be enforced, the person who asserts the status of the holder must be in possession of the instrument. See UCC § 1-201 (20) and comments.
The original and subsequent transferees are referred to as holders. Holders who take with no notice of defect or default are called “holders in due course,” and take free of many defenses. See §§ 3-305(b).
The UCC says that a payment to a party “entitled to enforce the instrument” is sufficient to extinguish the obligation of the person obligated on the instrument. Clearly, then, only a holder – a person in possession of a note endorsed to it or a holder of bearer paper – may seek satisfaction or enforce rights in collateral such as real estate.
NOTE: Those of us who went through the bank and savings and loan collapse of the 1980’s are familiar with these problems. The FDIC/FSLIC/RTC sold millions of notes secured and unsecured, in bulk transactions. Some notes could not be found and enforcement sometimes became a problem. Of course, sometimes we are forced to repeat history. For a recent FDIC case, see Liberty Savings Bank v. Redus, 2009 WL 41857 (Ohio App. 8 Dist.), January 8, 2009.
THE RULES
Judge Bufford addressed the rules issue this past year. See In re Hwang, 396 B.R. 757 (Bankr. C. D. Cal. 2008). First, there are the pleading problems that arise when the holder of the note is unknown. Typically, the issue will arise in a motion for relief from stay in a bankruptcy proceeding.
According F.R.Civ. Pro. 17, “[a]n action must be prosecuted in the name of the real party in interest.” This rule is incorporated into the rules governing bankruptcy procedure in several ways. As Judge Bufford has pointed out, for example, in a motion for relief from stay, filed under F.R.Bankr.Pro. 4001 is a contested matter, governed by F. R. Bankr. P. 9014, which makes F.R. Bankr. Pro. 7017 applicable to such motions. F.R. Bankr. P. 7017 is, of course, a restatement of F.R. Civ. P. 17. In re Hwang, 396 B.R. at 766. The real party in interest in a federal action to enforce a note, whether in bankruptcy court or federal district court, is the owner of a note. (In securitization transactions, this would be the trustee for the “certificate holders.”) When the actual holder of the note is unknown, it is impossible – not difficult but impossible – to plead a cause of action in a federal court (unless the movant simply lies about the ownership of the note). Unless the name of the actual note holder can be stated, the very pleadings are defective.
STANDING
Often, the servicing agent for the loan will appear to enforce the note. Assume that the servicing agent states that it is the authorized agent of the note holder, which is “Trust Number 99.” The servicing agent is certainly a party in interest, since a party in interest in a bankruptcy court is a very broad term or concept. See, e.g., Greer v. O’Dell, 305 F.3d 1297, 1302-03 (11th Cir. 2002). However, the servicing agent may not have standing: “Federal Courts have only the power authorized by Article III of the Constitutions and the statutes enacted by Congress pursuant thereto. … [A] plaintiff must have Constitutional standing in order for a federal court to have jurisdiction.” In re Foreclosure Cases, 521 F.Supp. 3d 650, 653 (S.D. Ohio, 2007) (citations omitted).
But, the servicing agent does not have standing, for only a person who is the holder of the note has standing to enforce the note. See, e.g., In re Hwang, 2008 WL 4899273 at 8.
The servicing agent may have standing if acting as an agent for the holder, assuming that the agent can both show agency status and that the principle is the holder. See, e.g., In re Vargas, 396 B.R. 511 (Bankr. C.D. Cal. 2008) at 520.
A BRIEF ASIDE: WHO IS MERS?
For those of you who are not familiar with the entity known as MERS, a frequent participant in these foreclosure proceedings:
MERS is the “Mortgage Electronic Registration System, Inc. “MERS is a mortgage banking ‘utility’ that registers mortgage loans in a book entry system so that … real estate loans can be bought, sold and securitized, just like Wall Street’s book entry utility for stocks and bonds is the Depository Trust and Clearinghouse.” Bastian, “Foreclosure Forms”, State. Bar of Texas 17th Annual Advanced Real Estate Drafting Course, March 9-10, 2007, Dallas, Texas. MERS is enormous. It originates thousands of loans daily and is the mortgagee of record for at least 40 million mortgages and other security documents. Id.
MERS acts as agent for the owner of the note. Its authority to act should be shown by an agency agreement. Of course, if the owner is unknown, MERS cannot show that it is an authorized agent of the owner.
RULES OF EVIDENCE – A PRACTICAL PROBLEM
This structure also possesses practical evidentiary problems where the party asserting a right to foreclose must be able to show a default. Once again, Judge Bufford has addressed this issue. At In re Vargas, 396 B.R. at 517-19. Judge Bufford made a finding that the witness called to testify as to debt and default was incompetent. All the witness could testify was that he had looked at the MERS computerized records. The witness was unable to satisfy the requirements of the Federal Rules of Evidence, particularly Rule 803, as applied to computerized records in the Ninth Circuit. See id. at 517-20. The low level employee could really only testify that the MERS screen shot he reviewed reflected a default. That really is not much in the way of evidence, and not nearly enough to get around the hearsay rule.
FORECLOSURE OR RELIEF FROM STAY
In a foreclosure proceeding in a judicial foreclosure state, or a request for injunctive relief in a non-judicial foreclosure state, or in a motion for relief proceeding in a bankruptcy court, the courts are dealing with and writing about the problems very frequently.
In many if not almost all cases, the party seeking to exercise the rights of the creditor will be a servicing company. Servicing companies will be asserting the rights of their alleged principal, the note holder, which is, again, often going to be a trustee for a securitization package. The mortgage holder or beneficiary under the deed of trust will, again, very often be MERS.
Even before reaching the practical problem of debt and default, mentioned above, the moving party must show that it holds the note or (1) that it is an agent of the holder and that (2) the holder remains the holder. In addition, the owner of the note, if different from the holder, must join in the motion.
Some states, like Texas, have passed statutes that allow servicing companies to act in foreclosure proceedings as a statutorily recognized agent of the noteholder. See, e.g., Tex. Prop. Code §51.0001. However, that statute refers to the servicer as the last entity to whom the debtor has been instructed to make payments. This status is certainly open to challenge. The statute certainly provides nothing more than prima facie evidence of the ability of the servicer to act. If challenged, the servicing agent must show that the last entity to communicate instructions to the debtor is still the holder of the note. See, e.g., HSBC Bank, N.A. v. Valentin, 2l N.Y. Misc. 3d 1123(A), 2008 WL 4764816 (Table) (N.Y. Sup.), Nov. 3, 2008. In addition, such a statute does not control in federal court where Fed. R. Civ. P. 17 and 19 (and Fed. R. Bankr. P. 7017 and 7019) apply.
SOME RECENT CASE LAW
These cases are arranged by state, for no particular reason.
Massachusetts
In re Schwartz, 366 B.R.265 (Bankr. D. Mass. 2007)
Schwartz concerns a Motion for Relief to pursue an eviction. Movant asserted that the property had been foreclosed upon prior to the date of the bankruptcy petition. The pro se debtor asserted that the Movant was required to show that it had authority to conduct the sale. Movant, and “the party which appears to be the current mortgagee…” provided documents for the court to review, but did not ask for an evidentiary hearing. Judge Rosenthal sifted through the documents and found that the Movant and the current mortgagee had failed to prove that the foreclosure was properly conducted.
Specifically, Judge Rosenthal found that there was no evidence of a proper assignment of the mortgage prior to foreclosure. However, at footnote 5, Id. at 268, the Court also finds that there is no evidence that the note itself was assigned and no evidence as to who the current holder might be.
Nosek v. Ameriquest Mortgage Company (In re Nosek), 286 Br. 374 (Bankr D Mass. 2008).
Almost a year to the day after Schwartz was signed, Judge Rosenthal issued a second opinion. This is an opinion on an order to show cause. Judge Rosenthal specifically found that, although the note and mortgage involved in the case had been transferred from the originator to another party within five days of closing, during the five years in which the chapter 13 proceeding was pending, the note and mortgage and associated claims had been prosecuted by Ameriquest which has represented itself to be the holder of the note and the mortgage. Not until September of 2007 did Ameriquest notify the Court that it was merely the servicer. In fact, only after the chapter 13 bankruptcy had been pending for about three years was there even an assignment of the servicing rights. Id. at 378.
Because these misrepresentations were not simple mistakes: as the Court has noted on more than one occasion, those parties who do not hold the note of mortgage do not service the mortgage do not have standing to pursue motions for leave or other actions arising form the mortgage obligation. Id at 380.
As a result, the Court sanctioned the local law firm that had been prosecuting the claim $25,000. It sanctioned a partner at that firm an additional $25,000. Then the Court sanctioned the national law firm involved $100,000 and ultimately sanctioned Wells Fargo $250,000. Id. at 382-386.
In re Hayes, 393 B.R. 259 (Bankr. D. Mass. 2008).
Like Judge Rosenthal, Judge Feeney has attacked the problem of standing and authority head on. She has also held that standing must be established before either a claim can be allowed or a motion for relief be granted.
Ohio
In re Foreclosure Cases, 521 F.Supp. 2d (S.D. Ohio 2007).
Perhaps the District Court’s orders in the foreclosure cases in Ohio have received the most press of any of these opinions. Relying almost exclusively on standing, the Judge Rose has determined that a foreclosing party must show standing. “[I]n a foreclosure action, the plaintiff must show that it is the holder of the note and the mortgage at the time that the complaint was filed.” Id. at 653.
Judge Rose instructed the parties involved that the willful failure of the movants to comply with the general orders of the Court would in the future result in immediate dismissal of foreclosure actions.
Deutsche Bank Nat’l Trust Co. v. Steele, 2008 WL 111227 (S.D. Ohio) January 8, 2008.
In Steele, Judge Abel followed the lead of Judge Rose and found that Deutsche Bank had filed evidence in support of its motion for default judgment indicating that MERS was the mortgage holder. There was not sufficient evidence to support the claim that Deutsche Bank was the owner and holder of the note as of that date. Following In re Foreclosure Cases, 2007 WL 456586, the Court held that summary judgment would be denied “until such time as Deutsche Bank was able to offer evidence showing, by a preponderance of evidence, that it owned the note and mortgage when the complaint was filed.” 2008 WL 111227 at 2. Deutsche Bank was given twenty-one days to comply. Id.
Illinois
U.S. Bank, N.A. v. Cook, 2009 WL 35286 (N.D. Ill. January 6, 2009).
Not all federal district judges are as concerned with the issues surrounding the transfer of notes and mortgages. Cook is a very pro lender case and, in an order granting a motion for summary judgment, the Court found that Cook had shown no “countervailing evidence to create a genuine issue of facts.” Id. at 3. In fact, a review of the evidence submitted by U.S. Bank showed only that it was the alleged trustee of the securitization pool. U.S. Bank relied exclusively on the “pooling and serving agreement” to show that it was the holder of the note. Id.
Under UCC Article 3, the evidence presented in Cook was clearly insufficient.
New York
HSBC Bank USA, N.A. v. Valentin, 21 Misc. 3D 1124(A), 2008 WL 4764816 (Table) (N.Y. Sup.) November 3, 2008. In Valentin, the New York court found that, even though given an opportunity to, HSBC did not show the ownership of debt and mortgage. The complaint was dismissed with prejudice and the “notice of pendency” against the property was cancelled.
Note that the Valentin case does not involve some sort of ambush. The Court gave HSBC every opportunity to cure the defects the Court perceived in the pleadings.
California
In re Vargas, 396 B.R. 511 (Bankr. C.D. Cal. 2008)
and
In re Hwang, 396 B.R. 757 (Bankr. C.D. Cal. 2008)
These two opinions by Judge Bufford have been discussed above. Judge Bufford carefully explores the related issues of standing and ownership under both federal and California law.
Texas
In re Parsley, 384 B.R. 138 (Bankr. S.D. Tex. 2008)
and
In re Gilbreath, 395 B.R. 356 (Bankr. S.D. Tex. 2008)
These two recent opinions by Judge Jeff Bohm are not really on point, but illustrate another thread of cases running through the issues of motions for relief from stay in bankruptcy court and the sloppiness of loan servicing agencies. Both of these cases involve motions for relief that were not based upon fact but upon mistakes by servicing agencies. Both opinions deal with the issue of sanctions and, put simply, both cases illustrate that Judge Bohm (and perhaps other members of the bankruptcy bench in the Southern District of Texas) are going to be very strict about motions for relief in consumer cases.
SUMMARY
The cases cited illustrate enormous problems in the loan servicing industry. These problems arise in the context of securitization and illustrate the difficulty of determining the name of the holder, the assignee of the mortgage, and the parties with both the legal right under Article 3 and the standing under the Constitution to enforce notes, whether in state court or federal court.
Interestingly, with the exception of Judge Bufford and a few other judges, there has been less than adequate focus upon the UCC title issues. The next round of cases may and should focus upon the title to debt instrument. The person seeking to enforce the note must show that:
(1) It is the holder of this note original by transfer, with all necessary rounds;
(2) It had possession of the note before it was lost;
(3) If it can show that title to the note runs to it, but the original is lost or destroyed, the holder must be prepared to post a bond;
(4) If the person seeking to enforce is an agent, it must show its agency status and that its principal is the holder of the note (and meets the above requirements).
Then, and only then, do the issues of evidence of debt and default and assignment of mortgage rights become relevant.
Mortgage Audits
Neil,
In response to Steven K. Kop; Attorney at Law;
(818) 917.3370
Under 15 USC Sec. 1635 (b) it says:
(b) Return of money or property following rescission (pause here)
It does not say anywhere in the law that you have to return money to the Lender (if you can find out who that is) but you may also turn over the property to them. Money or Property following rescission.
Now the court argued that TILA, as a remedial statute, should be construed liberally in favor of the consumer (obligor). See Jones, 747 F.2d at 1040.
When an obligor exercises his right to rescind under subsection (a) of this section, he is not liable for any finance or other charge, and any security interest given by the obligor, including any such interest arising by operation of law, becomes void upon such a rescission. Within 20 days after receipt of a notice of rescission, (got your green card) the creditor shall return to the obligor any money or property given as earnest money, down payment, or otherwise, and shall take any action necessary or appropriate to delivered any property to the obligor, the obligor may retain possession of it. (Are the Judges listening) Upon the performance of the creditor’s obligations under this section, the obligor shall tender the property to the creditor, except that if return of the property in kind would be impracticable or inequitable, the obligor shall tender its reasonable value. Tender shall be made at the location of the property or at the residence of the obligor, at the option of the obligor. If the creditor does not take possession of the property within 20 days after tender by the obligor, (hey Lender, come and get it) ownership of the property vests in the obligor without obligation onhis part to pay for it.
So, just like a non-judicial foreclosure, if you do not file a lawsuit to stop the foreclosure you are foreclosed upon by “operation of law”. If the Lender fails to file a lawsuit to stop the rescission, by operation of law, the rescission takes place.
Now where does the Lender have standing to bring an action against the homeowner other than to attempt to ask the court to stay the rescission so that the court can look to see if the Homeowner did everything according to the law and gave Notice to the CREDITOR….
Sorry, I am not trying to step on anyone’s toe especially mine. But the law is written so that anyone with at least a 9th grade education should understand what they are reading.
It says if the creditor does not take possession of the property within 20 days after tender (I do not want the house come and get it) by the obligor, ownership of the property vests in the obligor without obligation on his part to pay (with FRN’s) for it.
It is my understanding that this should be construed liberally in favor of the consumer according to how I read the case law.
I believe most cases that are going to the courts in you second posting is that the Judge is making a determination and not the jury. There needs to be more jury’s making these determinations.
I do agree that the case going in to the Court should be founded in law and the Pro Se should take the time to research their situation and know what to expect if it includes going to the court and watching what all takes place in the courts.
Most State’s rules about the Judge having discretion about awarding attorney’s fees is not on my good side. I have been literally robbed in defending a Credit Card Case. The Attorney representing the Bank could not prove that I owed them money. After sitting for a year the attorney withdrew the case and I asked for fees and the Judge refused. That Sucks.
I do not blame you one bit about wanting something for all you knowledge and time. I support you 100%; however I am in dispute with your position on Rescission.
Mortgage Audits
Neil, you’re spot on regarding attorneys fees. So many out there are trying to file suit against lenders a) in pro se, or b) with attorneys who “don’t get it.”
Downsides:
1) recovery of attorneys fees in most jurisdiction is a TWO WAY STREET! Door swing both ways! If the borrow loses, the lender is entitled to recovery of attorneys fees! And when wild allegations and causes of action or claims for relief are made that cannot – will not be supported (lack of resources) such as RICO, Rule 9 FRCP or state law equivent, will put attorney AND client into the woodchipper and THEN mulch them.
29 years of practice without a single bar complaint or sanction order against me. DO YOU KNOW WHAT YOU ARE (OR YOUR ATTORNEY IS) DOING?
GOD help you. Because the US District Court judge won’t if you want to play WIld Bill Hickok in his or her courtroom.
Neil, there is RAMPANT misunderstanding out there about “rights of rescission” under Reg Z, TILA, RESPA, HOEPA, etc. It DOES NOT RESULT IN A FREE MORTGAGE!! The prinicipal amount of the loan is still due, and the lender does not have to recon the mortgage unless the rescinding borrower SHOWS that he/she is READY, WILLING, AND ABLE to repay the loan prinicipal, minus prior payments and other allowable deductions.
How is the borrower to repay the PRINCIPAL when most are drowning anyways?
I have legal solutions. I’m NOT GIVING THEM AWAY ANYMORE. I’M NOT LEGAL AID, DAMN IT!
I am also putting together a venture fund to deal with the principal repayment issue, where it fits the funds investment profile. DONT THINK THAT EVERYONE READING THIS IS GOING TO BE ABLE TO TAP INTO THIS FUND! This is NOT YOUR BAILOUT MONEY!
Get the US Government to give my group a TRILLION DOLLARS then you can start lining up. Until then, sorry.
Respectfully yours,
Steven K. Kop
Attorney at Law
818.917.3370
any lawyer in saint louis, mo that gets it?
I am in Pennsylvania with a pending foreclosure action and looking for a lawyer that gets it. Please contact me to discuss your fees, experience and strategy .
Thanks,
Tom
I really need an attorney familiar with Florida Law to read over my Motion To Dismiss and critique it and make any suggestions as I am forced to go Pro Se. Please I can email you a PDF of my filing, I am to attend a Summary Judgement Hearing on April 7th and need to know if I should file before our magical 5 minute meeting with the judge
Does this sound right?
I turned a friend on to a so-called foreclosure firm ( I do believe they were one of the firms from this site earlier on). They requested $500 monthly several months ago, have since had her sign the case over to another attorney, and now there is supposedly an offer on the table from the “LENDER” with an additional $20,000 in fees etc. Is this realistic?
As far as my case goes… still nothing. I did however read over the mortgage that was attached to the note. Yes, the same mortgage with MY NAME on it yet was ruled out to ultimately be “without standing”. Anyways, after reading some of the language in there regarding a borrower’s rights and or lack thereof, I was amazed at the legal rights they have you sign away in regards to anything that might be considered a suitable offense. Giving up rights to a trila by jury etc. NOW WHY WOULD THEY WANT THAT IN THERE? Maybe because when they boldly refused my right to pay off a mortgage (in good standing) on my property, they knew I would have no recourse at all in court?
OH NEIL!!! WHAT THE F@#$ !?!?!?
Best wishes,
JD
Mortgage Audit,
Would you please post the attorney’s name and number for my borhter in law?
James
Hi,Neil
Have you gone through my email.I got something recorded in lands record and wanted to share with you.
James,
I would send the attorney that is doing the foreclosure a validation letter disputing the debt. I just did one in Alabama and it stopped the foreclosure. I do have an attorney contact who wanted a $1500.00 retainer and who worked off the retainer at $225.00 an hour. He said he could get the foreclosure stopped.
After my audit I am helping my client rescind the loan. The Note is in a Trust and I found that the Servicer is attempting to do the foreclosure who does not have standing.
Mortgage Audit
I am in Arkansas
Rolling Stones Magazine – of course it had to take a counterculture magazine to break publicly what we in the know already knew:
http://www.rollingstone.com/politics/story/26793903/the_big_takeover
We are now engaged in nothing less than class warfare. I never thought otherwise when I abandoned my practice representing big business and joined this cause.
Steven K. Kop
Attorney at Law
(818) 917.3370
My brother in law needs a lawyer in Alabama. He tried the three names on the lawyers that get it list and two had bad phone numbers and the other said he kind of worked with the info on this site but not really.
He has about 15 days to respond to foreclosure notice.
James
Angela: Tenant with an option to purchase. You have an interesting case. First the bad news — tenants don’t have very many rights as the Courts see it. But in these particular circumstances you might be able to file a lawsuit, quiet title (if you want to exercise your option to purchase) and include in your lawsuit a count for tortious interference with contract. You do have some rights. You relied on the information of record before entering into the lease arrangement. This could entitle you, by the legal doctrine of estoppel, to prevent the sale from going forward NOW without giving you notice and an opportunity to be heard. Hopefully your lease is in writing because a lease that is not in writing is normally regarded as month to month under Florida law. Your option is worth something but it should have been recorded and possibly still should be. This would require some assistance of local counsel licensed wherever you are in Florida. Some people are using the term of Wells Fraud-go. You would allege under the suggestions of this blog that the foreclosing party lacked standing, that the obligation was paid in full several times over including the Federal Bailout which took out the investors who put up the money for the loan. Your allegation is that they have bluffed the Court into giving them a judgment when they didn’t own the mortgage and never did. The originating lender was paid in full at or before closing and the investor who put up the money has been paid in whole or in part by insurance and Federal Bailout.
Angela
Tough situation with time diminished, Option to buy is considered an interest in the real estate. Its subsequent to the recording of the original loan and see the grant deed and note, Likely does not affect the terms and conditions of acceleration and power of sale.
It does give you a right to stand in court and launch a claim to protect that interest. How it stops a right of recovery is only a question our Mentor Mr Garfield can answer.
You need , in this experts opinion, to show an amount on deposit sufficient to bring this mess current before appearing. Also must clearly shape arguments where the lender circumvented your entitlements using a reckless and negligent approach.
You do have leasehold rights and an interest
msoliman
M Soliman
Neil, Northern Californians, Greetings! I am en route to NorCal, my hometown of Santa Rosa, and the Bay Area where I am taking appointments and retainers.
I plan on staying two days, but will stay til Thursday if I receive enough apptment requires. FYI I have 29 years experience in mortgage litigation and bankruptcy. I conclude that, while risky to further credit damage, bankruptcy is the quickest, most cost effective way to attack mortgage tortfeasance.
It appears that I will be taking on bankruptcy and federal mortgage litigation cases in Florida, Ohio, Michigan, and potentially North Carolina.
Steven K. (“Karl”) Kop
(818) 917.3370
Hi, I need a lawyer in FLORIDA to fight eviction. Also, possibly file a Wrongful Foreclosure. This is a Wells Fargo. The mortgage is on Fannie Mae/Freddie Mac forms.
I am a TENANT, with option to purchase.
I moved in AFTER the lis pendens was filed. The bank filed in the wrong name, and it didn’t come up on my search, so, I rented.
The bank filed with the owner’s name as “Steven D. Michaelson”. The owner’s actual name is “Steven Aaron Michaelson”.
They actually whited out the process server’s note on the summons that the name “is actually Steven Aaron Michaelson”.
The sale is set for TWO days from now.
I want to fight eviction, and file a Wrongful Foreclosure or fraud claim. Can a FLORIDA Lawyer help?
I need someone who can ACT quickly.
Thanks! Angela
please email; IntangibleAssets@aol.com
Hey Phil,
We (the attorney and I) met at Neil’s seminar in Nov 2008 In Ft. Lauderdale. He stepped up to the plate when Neil asked for someone willing to take on an unusual case. The offer was never for pro bono (although Neil was clear I had been beaten down to nothing for the moment), I was willing to pay I just couldn’t afford a $2k retainer.
Every time I managed to get through to him he made up an excuse about losing a guys number for the audit… he was going to search for it, bla bla bla. Then he calls in Jan 09 for me to go to the court house and bring a copy of the court case to him. I did… then wait another 2 months only for him to say he “reviewed” (wink wink) the file and has no idea how to proceed. I damn near already prepared everything he needed already with many of Neil’s blessings of my documents since before I even met the guy.
I tried to get him to at the very least file a Liz Pendens (?), or Quiet Title (so I could bring up the fraudulent activity etc again…) against the property before the turn of the year to try and cloud any purchase. He said “sounds like a plan” and never took action.
My house was sold on or about January 22, 2009 to whom I am sure was a crony of the attorney who took over the house’s eviction after the court sale. There is a Special Warranty Deed on File from Deustche Bank and a new mortgage put on the property for $40k!!!!!!!
My $300k house was sold for $40k!!!! AND I NEVER REFUSED TO PAY MY MORTGAGE!!!!!! I WAS TOLD I HAVE NO STANDING!!!!!!!
As you can see my blood pressure is on the rise… signing off.
Best wishes,
JD
JD Well how long have you had him for? Because of the economy, people are desperate for $$ and with the sudden need for civil att.s some of them become overburdened & some of them take advantage of the situation. In either case though Inaction in my book is Inexscusable. Because if we were aware of the services that were going to be provided to us (which is none) we would take our business elsewhere & assert action. I think there should be a “Truth In Council Act” passed to provide consumers/clients with the informed use of representation/services.
Hey Philip,
In regards to your questions:
Where are you located
I am located in Hollywood, Florida.
& who’s yor attorny?
Out of respect for Neil (as I don’t want to turn this into an attorney bashing forum) I would rather not publish the guys name. But the last name begins with a T and ends with an r. lol
has he filed a complaint yet?
He never filed a damn thing.
Best wishes,
JD
JD Where are you located & who’s yor attorny? has he filed a complaint yet?
So I called the “Lack of Action” attorney’s office today to request all the court docs that I personally hand delivered.
The receptionist, who has always been so personable, didn’t even bother to ask why in the world I was picking them up. You think she knew from the beginning he was never gonna do anything?
So I ask once again…
Can an attorney be sued for stringing you along until no action can be taken?
Anyone?
Come on Neil… I need your golden opinion.
JD
Not to toot our own horns or anything,
ANOTHER FORECLOSURE CASE DISMISSED
IN THE CIRCUIT COURT OF THE 6TH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
M Solimon you got mail
FLIP
its a problem….they sometimes do not know what to do. So they ask for a modification – WRONG!
I saw a file that I believe merits Class Certification once we are done. The bumbled and reckless use of trustees, substitutes and notices will make a begginer laugh. But the client is out $11,000 for a TILA audit and noone picked up this easy to see violation days before sale.
The findings call for a rescission of the foreclosure and hopefully can allow for a motion to throw out this lenders attempts to pursue another non judicial foreclosure.
The file was delivered to Attorney Carl Kop for review.
Hit me up if I can assertain the violations and what your counsel missed.
NO CHARGE -ITS A COURTESY AND I WILL PUBLISH AND SHARE THE FINDINGS WITH EVERYONE HERE ON LIVINGLIES / MSOLIMAN EXPERT WITNESS AND CASE DEVELOPMENT
my lawyer has been taking money out of my account with out my authorization. is that reasonable basis to rescind a retainer agreement? or could i enjoin them in my case against the lender?
what is up with the posting times there are way off?
JD I have the same problem. Neil is there any remedy for this problem, can we rescind the retainer agreements and recover the non earnest money the lawyers have kept? I think were going to see a lot more of this happening…..
So I imagine the question at hand is…
Can an attorney be sued for “LACK OF ACTION” when they agree to take your case and do absolutely nothing except string you along saying they are working on it?
If the answer is no then all I have to say is… it’s no wonder gun sales are on the rise.
Best wishes,
JD
a.k.a.
“The good guy who finished last.”
BACK TO SQUARE 1 & WITH LESS $ TOO YOU KNOW I BEGAN TO DOUBT MY GUT INSTICT THAT .. HE’S WORKING ON SOMETHING DON’T WORRY NEVERMIND THAT HE’S BEEN COLLECTING A MONTHLY RETAINER FEE SINCE JULY OF 08 AND NOTHING TO SHOW FOR IT… IT’S OKAY THAT HE’S NOT FOLLOWING YOUR DIRECTIONS …WAIT NO IT’S NOT!!!!
HEY CAN I GET A LAWYER THAT “GETS IT” ORANGE COUNTY CA I HOPE I MIGHT BE ABLE TO RECOVER THE FEES CONSIDERING HE HASN’T REALLY DONE ANYTHING. I HAVE A GOOD CASE 2 ACTUALLY THE ONE THAT IM RUNNING OUT OF TIME ON VIOLATED :HOEPA, TILA, RICO, & EVEN DRE AND FRB LAWS ANY TAKERS I SHOULD BE ABLE TO PROVIDE MNTHLY RETAINER BUT WAS KIND OF HOPING TO WORK ON CONTINGENCY OR PROBONO BECAUSE I JUST THREW AWAY OVER 10K FOR NOTHING. ALMOST BROKE, MY BIRTHDAY’S AT THE END OF THIS MONTH whoopy YEAH I KNOW I DON’T CARE EITHER THEY SET THE SALE DATE THE BEGINNING OF NEXT MONTH DESPITE THE FACT I PROPERLY EXERCISED MY RIGHT(S) TO RESCIND PRIOR & CURRENT LENDER.. BUT SOME ONE’S TOO CHICKEN $%!# TO GO AFTER THEM FOR NONCOMPLIANCE & THINKS I SHOULD SIGN A FORBEARANCE… PLEASE SOME ONE TELL ME THIS IS ALL JUST A BAD DREAM
Jeff:
You stated on your March 2, 2009 blog that you are an attorney in Illinois. Can I have your contact information?
This is Steven K. Kop in Los Angeles
Consider taking my “Bankruptcy Express to Mortgage Freedom” in four to six months in Chapter 13 or Chapter 11.
See my updated webblog:
http://newdawnlaw.blogspot.com/
or call me at 818.917.3370
I regularly retain Maher Soliman as my expert witness. I will not go into battle for you without his expertise and testimony. If you like, contact him first. He is all over this site, for his contact info, including
http:;//www.admin@borrowerhotline.com
NG;
How are you!
Your site is growing, Mr. Kopp is a solid attorney and I still can’t use “spell check”…LOL
Kopp opened my eyes to the BK channel of foreclosure defenses. Weeks, months and time spent filing and appearing with attorneys in SUPERIOR COURT and waiting to expose the BIG CON game.
It works, our strategy , and very well at times (UD hearings) We have had amazing good luck in some courts while we never had a chance in others.
It’s called occupancy vs. ownership . . . what are you fighting for, in other words.
But my first taste of Bankruptcy Court was at a UD hearing 2 weeks past. IT WAS AFTER THE SUBJECT DWELLING WENT TO SALE AND OUR CLIENT APPERED AT A UD HEARING.
JUDGE calls the next case, looks down and say’s “Bankruptcy, Counsel (opposition) I will postpone this matter for 90 days”. . .
then says, thank you gentlemen”.
Now you decide how to spend the next 3 months correct? What Kopp does next for clients is something truley impressive.
…get him to talk.
God Bless
MSoliman
admin@borrowerhotline.com
MSoliman
Mr. Kop: Any lawyer who demonstrates proficiency in foreclosure litigation and whose objective is to win rather than delay is a lawyer who gets it. Neither the seminar nor the workbook is a requirement although we do encourage it and request it because it is our only source of revenue to keep this going. Send your information to ngarfield@msn.com
Jeff,
I am sure it does. I have a case going right now in Ohio. My client is suing 12 entities, 9 have CHASE in front of their companies. One is the Bank of New York. The Bank of New York is purported to be the Trustee of the Trust. The case has been going on now for over 4 months and of the 12 entities none of them will inform us as to who the Note Holder(s) are.
However, the interesting issue here is that an email that got sent by mistake reveals that the NOTE is in a person’s desk drawer?????
I will be happy to email the filings of this case here in the next week or so as we are waiting on a ruling by the Judge.
oliver@ipa.net
Mortgage Audit
Does this applythe same way in NY
Thank You
Mr. Garfield, apparently I have to pay you and take your courses to be certified as an attorney who “gets its.”
Maher Soliman already has done that. Ask him. He serves as my expert in each and every one of my cases.
You don’t have the last piece of the puzzle, what I have fashioned and now call “The Bankruptcy Express to Mortgage Freedom.”
This is my IP. 4 to 6 months to a clear title free of that tainted mortgage. I am so confident of the results I take
that aspect of the bankruptcy cases on a contingent fee basis.
Thanks for getting the word out.
Hello Neil and all,
I’m very sorry to hear what happened to JD, I truly hope that case could be Invalidated somehow.
I want to know if the lender has been sent a DEMAND FOR VALIDATION OF DEBT via certified service and they DO NOT respond within the 21 days, therefore…”technically extinguishing the debt”… HOW DO YOU PROCEED TO ENFORCE THAT AND WHAT ARE THE NEXT STEPS and what is the wording or paperwork to present to the judge to vacate judgement and the case?
Also, a copy of the Demand for validation of debt is filed in the courthouse.
Please inform since I am getting mixed and varied info here in Florida. God Bless.
For those who are still trying to grab the concept of the NOTE and Mortgage/ Deed of Trust will find this post helpful.
Assignment of a Mortgage Note Without the Mortgage in Florida and Vice Versa
In today’s financial world, the law regarding the transfer of mortgage notes and mortgages in the secondary mortgage market is quite a relevant topic. Issues may arise of the effect of the assignment of a mortgage note without the assignment of the related mortgage. One may also question the effect of the assignment of a mortgage without the assignment of the related mortgage note.
It appears to be the general rule in Florida that the transfer of a mortgage note transfers with it the related mortgage. The mortgage note is regarded as the principal item with the mortgage being regarded as a mere accessory. 6 Fla. Jur. 2nd, Bills and Notes, Section 123. Hence the adage “the mortgage follows the note.” The Restatement (Third) of Property: Mortgages provides a general rule that is accordance with the apparent general rule in Florida but specifically provides an exception to this rule if the parties to the transfer of the mortgage note agree otherwise. The Restatement (Third) of Property: Mortgages section 5.4(a) (1997) provides that “[a] transfer of an obligation secured by a mortgage also transfers the mortgage unless the parties to the transfer agree otherwise.” The stated objective of the Restatement is to avoid economic waste to the lender and a windfall to the borrower if the note and mortgage are split rendering the mortgage note as a practical matter unsecured. The Restatement cites the case of Carpenter v. Longan, 83 U.S. 271 (1827) which held that “[a]ll the authorities agree that the debt is the principal thing and the mortgage an accessory.”
It is interesting to note that this question of law is not nothing new under the sun. A digest of California law published in 1916 provides various entries that reflect case law that the transfer of a note operates as an equitable assignment of the mortgage or deed of trust given to secure it, in the absence of any provision to the contrary. Vol. 6 The New Complete Digest of the Decisions of the Supreme Court and the District Courts of Appeal of the State of California and of all the Federal Decisions Dealing with California Law, Mortgages V section 111, James M. Kerr (1916).
The Restatement further provides that the recordation of a mortgage assignment is not necessary to the effective transfer of the mortgage note, although an assignee would be “well advised” to record the mortgage assignment.
The Restatement’s exception provides that a transfer of a mortgage note is possible without the transfer of the mortgage if the parties so agree, but the effect of such a transfer would be to make it impossible to foreclose the mortgage unless the transferor of the mortgage note is made the assignee’s agent or trustee with authority to foreclose on the behalf of the assignee of the mortgage note.
The opposite situation would be presented if a mortgage is transferred without the transfer of the mortgage note. The apparent rule in Florida is that an assignment of a mortgage without an assignment of the related mortgage note is deemed a nullity and creates no right in the assignee because a mortgage is a mere lien incidental to the obligation it secures. 37 Fla. Jur. 2nd, Mortgages, Section 511. See e.g., Sobel v. Mutual Development, Inc., 313 So.2d 77 (Fla. 1st DCA 1975). Vance v. Fields, 172 So.2d 613 (Fla. 1st DCA 1965).
A further provision in the Restatement would appear to inherently agree with Florida’s position, but avoids its result in some situations by providing that unless otherwise required by the U.C.C. or otherwise agreed, the transfer of a mortgage also transfers the mortgage note obligation. “Except as otherwise required by the Uniform Commercial Code, a transfer of a mortgage also transfers the obligation the mortgage secures unless the parties to the transfer agree otherwise.” Restatement (Third) of Property: Mortgages section 5.4(b).
It would appear that this rule of the Restatement may often only apply to mortgages secured by non-negotiable instruments as the Restatement’s exception to its application would apparently apply to mortgages secured by negotiable instruments as section 3-203 of the U.C.C. provides for the enforcement of negotiable instruments only by delivery of the instrument itself to the transferee.
The Restatement comments that the “otherwise agreed” exception to this rule would apply in the context of institutional purchasers of mortgage loans in the secondary market where a mortgage originator assigns a mortgage to an appointed third party servicer while the mortgage note is transferred to the actual investor. In this situation, the agreement and intent of the parties is for the investor to be the owner of both the mortgage and mortgage note despite the assignment of the mortgage to the servicer.
Neil
I was wondering if there was a way to get in touch with you or someone from your company about offering more to our clients in terms of what you are doing to help homeowners?
I have tried to email you a couple times with no success, however I know you are very busy, so figured this might be a better means of communication.
Wanted to see if just ordering the book would be best, so we will know how to offer this to our clients or what our fastest result would be. Need to find out what the causes of action are and how to properly do this with success.
Please contact me at your earliest convenience or have someone from your company contact me, thanks for such a great site, which I had time to read through the entire site but there is so much info!
Scott
scott@viennaholdingcorp.com
Gary. You’ll hear from Brad
Trinity Law Associates is a law firm in Los Angeles doing this work for flat fees. You can find them at http://www.trinlaw.com. They are getting results from many banks already.
Neil,
I was originally introduced to your site by Patrick P. of Loan Fraud Investigations, and we’re simply overwhelmed by the great work you are doing here. We are presently in contact with some of the attorneys in the network, and have a network of our own that is developing. I don’t see any other way of contacting you other than to post something here on the blog. We have some incredible tools that we feel would benefit everyone in your network, but we do not wish to solicit them without at least some awareness on your part of who we are. Is there any chance that you could contact us? I can be reached at gary_michael@live.com .
Gary
I attended the Ft Lauderdale seminar in Nov. 2008. I was fortunate enough to get a lawyer who said he got it, step up to the batters box.
He informed me of an audit he was to have prepared by a contact from the seminar.
In my opinion, as he thought I was a NON-PAYING customer, but in fact it was just a unique case, he let the case sit for these past FIVE months. It was partially my fault as I was so grateful for his help, I decided not to pressure him.
He informed me of the fact he lost the contact’s number for the audit and hence…. nothing accomplished. In Jan he request I bring him the Case File… wait wait wait. Fast forward to March (after an elevated call frequency to his office) I get a reply that he has no idea how to defend the case.
I have just found out my house, which was stolen from me, has since been sold and remodeled.
Neil Garfield has been a blessing to me, and had I found his site sooner, I am positive I would have been able to defend my home justly without relying on a persons ethics or motives.
Good luck to all.
JD
Our email address is floridadefenseteam@comcast.net.
Floridians looking for Foreclosure Help – We Get it!
We’re affordable, charge no retainer fees, and will
fight for you! No guarantees, mind you, but end game is not just case dismissal but free and clear title.
Is there an attorney in the Kansas City area that would at least look at my mortgage? I currently have an attorney representing me, but I feel he is next to useless as he’s primarily a BK atty and he has told me I have no legal defense. I fell behind on my subprime mortgage with Option One because they set my payments to be almost 100% (yes, almost ONE HUNDRED PERCENT!) of my take home pay.
The broker falsified my income and charged excessive fees, there is only one copy of the Right to Rescind note (t is a refinance of the primary residence) and so on and so forth. Is there an attorney near me who ‘gets it”?? I have a judicial hearing on the 30th of this month.
Also, I am deaf and have been since birth. At no time during the loan process did the broker or the two notaries (yes, I had to sign the accursed papers, not once, but THREE times!) mention having a sign language interpreter present, and I am wondering if any laws in this regard were broken?? If there is anyone who can help, and SOON, please email me at sarahstryker@aol.com . Thank you!
Hi Everyone,
We are providing the Audit reports and collecting all important documents for our Clients at this moment.
Looking for an Attorney who is willing to work with us or help us to continue the process for our cases in California.
Please let me know
alen.al21@yahoo.com
Why are the news articles that are most on point on this crisis mostly located offshore?
http://www.atimes.com/atimes/Global_Economy/KB26Dj03.html
Sorry sent out before done I am looking for an Illinois attorney who gets it. thanks
Jeff could you please email me your info. I am looking for Il attormey who gets it. pendolinos1@sbcglobal.net
As an Attorney who thought he got it, I have a question for Neil or any mortgage auditor. Is there any relevance as to when the final TIL is signed at a closing?
In Illinois we close and fund at the same time. As an attorney I have represented literally hundreds of people and businesses in the purchase and sale of property. In the last 5 years the banks started requiring more documents be sent to them from the closing table before final funding would be issued. All of a sudden they started requesting the final HUD-1 or RESPA (The final closing statement from a purchase/sale) be signed by all parties to the transaction and sent to the lender BEFORE a final TIL (Truth-in-Lending Disclosure) would be provided to the Buyer. The Buyer was required to sign a TIL in the package of documents but the numbers were never correct. The banks would receive the HUD-1 and then AND ONLY THEN would a final TIL be provided for the Buyer to sign replacing the one that had been signed earlier.
I have commented at every single closing that this process seems not only to not be a disclosure (since it is given after the fact) but it appears that this is a clear violation of the HUD-1 requirements with respect to the amounts and figures being the fully disclosed prior to signing.
Any comments or thoughts are greatly appreciated.
Neil,
checked my deed with the recorder and MERS -Home Mortgage is listed as company on the deed (lein holder) and Home Mortgage is listed on the originally note. It closed originally on 8/30/2005 but it was not recorded until 10/3/2005. Home Mortgage sold the loan immediately to Impac Funding which I believe is part of Countrywide. but it was never recorded. On MERS website Countrywide is listed as the servicer but does not own the loan. Have not found out who is the investor yet. The loan is a pay option arm, which I believe is a predatory loan. Should I file for a recission based on these violations. What other grounds would work to file under. TILA?
Glenn,
Thank God for Neil! He is right. If most people had gotten their “due process” , there wouldn’t be a need for his site to exist. I was not talking about you. My opinion is that any lawyers who come here , do care and really want to help people. But, alot of lawyers and judges don’t! As much as I like my judge friend, he has told me, at times they don’t care who wins, because they still get paid. A little shady in my opinion. The things I said are based on personal experience, as are most of the people on this site. We tried some of the methods that Neil has on his site back in 2002, when most of this method was unheard of. We also, didn’t have as much information as Neil has now. And we LOST. You say that in court, ” we are only trying to get along”… there is a difference between “getting along” and partying together. It’s a slippery slope when you mix business and personal life together, even though how you conduct your personal will reflect your business life. People have a tendency to overlook truth and justice for friendship. I have a friend who just lost her home in November. She said, that until they went through the court system like we did, she thought I was exaggerating. But now she knows what I said was true. And I was referring to 2 counties in particular, which I stated previously I won’t post here. And “luck” won’t help me.
Neil, I think what you say is true. I don’t mean any disrespect to you by what I’m about to say: There were men before you who tried to use similar methods as you are now, who didn’t succeed and are now in prison. One such man is one who originally tried to help us and that is where he is now. We fought for over 2 years!!! And now we are one of the former “homeowner’s” who is completely broke!!!! I really want a lawyer ‘who gets it” but how in the world am I ever going to be able to pay them?
Glenn and Lynne: Weighing in here just a little. Lynne expresses the frustration a lot of people feel about the legal profession. Some of it is well-founded. Most of the bad results though comes from the usual 80-20 rule — 80% of the people in any profession are suspect at a minimum — not just for integrity but for competence. Glenn expresses frustration because he takes his profession seriously, putting him in the 20% category. So he took homage at being included, along with colleagues he respects, a barrel of monkeys. To put things in perspective let’s agree that the current mortgage mess was created by a grand PONZI scheme that HAD to fail. The scheme was so large it was beyond the comprehension of even many bright people in law, government and finance. It was enabled by disinterested, unskilled “regulators” at the SEC and other state and Federal agencies. Like the “auditors” who look for TILA violations by comparing a good faith estimate with the settlement statement and a few other papers, the regulators left 99% of the problem on the table. Most regulators, judges and lawyers left the big problem alone because they didn’t see it. You can’t ask a blind man to see and react with anger when he fails to comply. Our job is to get mad — not at each other — and get even or even ahead. In this crisis lies the opportunity for homeowners to reverse in a matter of weeks or months the transfer of wealth that has been boiling to the top of the financial services industry creating illusory profits that were falsely reported as real. Investors in those companies have been hurt badly as have the investors who bought those bogus mortgage-backed securities. The bailouts of AIG et al have been extended to prevent collapse and to buttress trust and confidence in the financial system. But that can’t happen, and credit won’t start to flow in the private sector until we address the real issue of bailout the victims rather than perpetrators. Investors have been left with nothing, wiped out to actual or near financial extinction. Homeowners have been left with LESS than nothing, leaving them with a liability and no way to pay it off and no asset to provide security to anyone. On these mortgage deals everyone lost including the innocent holder of currency, the pensioner, and the homeowner who has no mortgage but is watching his property value plummet. Let’s work together on righting the wrong because government is too slow to do it. Get the wealth transferred back to where it came from — the consumer. Work out something where investors can recover some part of their investment without begging AIG for their money after the company received hundreds of billions of dollars.
Lets trhy that post again..
Lynne, I assure you that I am neither “arrogant” nor did I imply thhat I was better than anyone else.
I also understand that you may have dealt with attorneys that you felt did not do the best job for you, however my comment to you was based on your previous post from February 26
“You need to understand that the majority of judges and lawyers are crooked here in MI…they all snooze in the same bed.”
I am not the bad guy here okay?
I am on your side, however I just wanted to point out what you were saying was WRONG
I wish you the best of luck in your situation
Lynne:
I assure you that I am neither “arrogant”, nor did I imply that I was better than anyone else.
I also understand you probably dealt with people who may not have done the best job on your case, however my previous post was based on your statement from F
Glenn Russell…we were ripped off by not just 2 lawyers…try 4! I didn’t say ALL lawyers and judges..so don’t read more than I posted. I have a close personal friend who is a JUDGE, so don’t presume that you know anything about me. You WERE NOT in the court room the day my husband and I were there. So don’t presume that you know what went on. And just because you are “educated” doesn’t mean you are superior to me or anyone else. And I DON”T appreciate your free use of my name! Your statements in my opinion are rather arrogant to say the least.
Hello,
I am an attorney in New England and would love to learn how to protect people. Does anyone know if the BOOK will suffice in learning this? You can respond to my email, gcmaroun@gmail.com. Please help
Well, here I am again . . some good reading for MI people re consumer mortgage defenses/challenging non-judicial foreclosures in district court – see http://www.michbar.org/journal/pdf/pdf4article1060 or any other state for that matter. As you know, I was not granted my demand for jury trial in one court but I have ten days to file a post judgment motion to set aside default. The only issue that if I do that and file a bond with it, all proceedings would be tayed until the matter is resolved. What I don’t know is what the heck would the amount of the bond be? I learned a lot on this one and will be better prepared when I go to another district court on 3/16 for the hearing on the other property that was involved in the cross collateralization. I’ll let you know how it goes and maybe through my trial and error it will help someone else.
EXPERT OPINION-
TRUE STORY
NLS is an Expert Witness that uses their insight and perspectives based on being in a lenders shoes for many years. True story here;
A file came across my desk and as usual I went straight to the note and deed of trust. The beneficiary and lender are one in the same (meaning no MERS). The lender really is an example of a company that would not buy into the risk and con regardless of the demands.
So everything looked good but I questioned the assignment and endorsed conveyance made by the original lender to the current beneficiary “as of recent” needed to enforce the foreclosure.
I don’t think this is a case of fraud – I KNOW IT!
You see I was president of the mortgage lender and firm and know first hand that the company went under a year after I left. That was 2002? ? ? ?
EXPERTS WHO TESTIFY
Below is a sample of the attachment to the complaint for any expert witnesses intending to testify in an upcoming preceding. My bio can be found on Juris Pro (not a web site) and its important to include your CV on both.
We are engaged by counsel and offer fee based services for expert case development research and work. We do not do audits so much as we provide the borrower and their lawyer with substance using facts and personal situational experiences.
NLS has serviced over one billion in loans in the late 90′s and through 2002. Experts do not practice law and remain subject to a client attorney privilege while duly engaged under the authority of counsel.
—————————————————-
S A M P L E
LAW OFFICES
898 N. Candone Dr., Suite 400
Long Acre Hills, CA 90210
Tel: (310) 800-5626
Fax: (310) 881-1992
Jessiemon.ca@DefenseLaw.com
Attorneys for Plaintiff
Karl J. Trussell
UNITED STATES DISTRICT COURT
DISTRICT OF CALIFORNIA
PLAINTIFF, an individual, CASE NO.: CV 09-00885 JFW (JTLx)
Plaintiff, DECLARATION OF MAHER SOLIMAN IN SUPPORT OF PLAINTIFF’S APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE ON DEFENDANT DEUTSCHE BANK
v.
DEUTSCHE BANK, et al,
Defendants.
I, Maher Soliman, declare and state as follows:
1. I am a mortgage loan auditor engaged by counsel, with my residence and place of business in Los Angeles, California. I was retained by Plaintiff and counsel to review the loan at issue in the instant action. I have personal knowledge of the facts set forth herein, and if called upon to testify, I could and would competently testify thereto.
2. I have a twenty-year experience as principal and as a company officer in matters involving the primary, secondary and capital markets including subservicing and delivery. My education and history establish I am a competent senior level underwriter for mortgage lending and subservicing matters including recovery and holdover matters for primarily all non-agency mortgage receivables.
3. I have reviewed the loan documents related to the loan at issue in the instant action.
4. Based on my expert review and detailed analysis of said documents, my knowledge of the market in general, and my professional experience, it is my opinion that Defendant Deutsche Bank is not a holder in due course and was not at the time of foreclosure, the “person entitled to enforce” the interest in the property which secured the loan at issue herein.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on February 25, 2009, at
Los Angeles, California.
MAHER SOLIMAN
877-732-7653
Thanks to livinglies.com for ensuring this open forum based on freedom of speech and the exchange of information, experiences and personal references.
“we need to remember that these judges and lawyers party together and hang out toegther outside of the court rooms, so of course the judges wouldn’t make them pay for your lawyers fees. They wheel and deal behind our backs. I know this from personal experience”
Lynne, I read Neil’s blog faithfully everyday, and I have seen the continued reference to lawyers “wheeling and dealing”, or indicating that attorneys are ALL acting inappropriately.
I have not said anything until today, where I felt compelled to defend my profession.
Look at the statement I pasted above, In reading your post, it would appear that:
1. All Attornys and Judges are “wheeling and dealing” behind client’s backs, performing unethical acts
2. that you have personal knowledge of this, because you have seen “lawyers” laughing with a judge discussing what type of settlement to offer”
Lynn, Iam sorry to inform you that this is the furthest thing from the truth, and by you making these type statements, you call into question ALL attorney actions, yes even those like me that take on pro bono cases where I spend 1000 hours working for free, just to keep a family in a home, but I guess because I am an attorney discussing things in open court with another attorney and laughing it has to be something evil.
Lynn being an attorney involves (appropriately) getting along with the other side. Our job as advocates is to obtain the best result for our clients. That said it is helpful to have a good working relationship with the other side’s counsel
It is not an adversarial process between the individual counselors, we are merely the conduit to bring your issue before the court.
Just because I am talking toPlaintiff’s counsel and a Judge in a civil, even light hearted manner, does not mean I am conspiring against my client, far from it. My job is to get the Judge to respect me, and more importantly respect my argument, and being repectful and personable tothe court is merely a facet of that process.
I understand that you would be naturally suspicious of lender attorneys, however when you call into question the honesty of the entire judiciary it affects people like me also.
I can tell you from experience I am extremely ehtical in my dealing with clients in every respect, especially where money is concerned. Any money I receive is place in what is called an IOLTA (Interest on Lawyers Trust Account), which is an escrow account that I have no accessto untilI send a client an invoice that he or she approves of.
Lynne, maybe you have had a bad experience with an attorney that did not care about losing everything he or she worked very hard to attain, however I will ASSURE you that 99.99% of the rest of my brother and sisters in the law are more than 1000% honest in their dealings with clients.
Do you realize what it takes to become an attorney, it is a huge committment of time and money.
It’s not like you just decide hey I want to be an attorney where do I sign up?
My point is that because it is such a huge investment, one would rationally (or ethically)risk losing everthing over any potential inappropriate course of action on ONE case.
Only in the extremely rare few cases in comparison to the amount of licensed attorneys, has demonstrated otherwise, yet you group ALL attorneys as being unethical along with ALL Judges.
Lynne,
I know what you are saying as I have seen, heard and been there….
I have a client in Pennsylvania whose attorney is Judge David Scholl. David was a BK Judge and after 10 years of ruling for the consumer the Powers that be decided that he could not be an Appellate Court Judge so he was passed over and he went back into private practice to which he is in the process of retiring.
We have keep this family in their home for over 5 years. We had a trial last year to which our expert testified for a whole day and when they could not get anywhere with her during cross examination they quietly sat down. Third of trial ended up with the Vice-President of WaMu admitting under oath that they did not own the note but that Fannie Mae did and they did not have standing to foreclose. What an admission.
I can get you more details by emailing off blog.
I know this is getting a little off track, but, forgot to tell you Mortgage Audit….we need to remember that these judges and lawyers party together and hang out toegther outside of the court rooms, so of course the judges wouldn’t make them pay for your lawyers fees. They wheel and deal behind our backs. I know this from personal experience, because the last time we were in court over our house,we witnessed 2 laywers, obviously friends, laughing and joking with the judge, about what kind of “settlement” to give their clients, who had an accident and deciding which one was at fault. Mind you, said “clients” were not present in the court room either to witness this. After they came to an “agreement”, they were discussing where to go to lunch together and getting together over the weekend. ‘Nough said.
Thank you Mortgage Audit! Give me about a week to get the papers together, because , like I said it’s been 4 yrs, and I never thought we could possibly ever have a chance again. I have them packed away in a box in the back of my closet. Oh! Forgot to tell you that Flagstar forced us to sign a paper that states they could rescind on the loan at anytime for any reason and we also had to PMI. When we balked at signing those two papers, the loan “shark”/ officer said the mortgage wouldn’t go through if we didn’t. I will contact you via your personal email and give you the names of all the judges involved. Thank you.
Hi Lynne,
Thank you for sharing your story with me. This reminds me of some IRS horror stories back in the 80′s and 90′s before the 1998 Restructuring and Reform Act was pasted. However, I still see IRS abuse everyday as well as Judge’s abuse of their “discretion”.
My wife and I were victims of Judge Moody after we won our Credit Card case that Hosto & Buckem brought against us claiming to represent Chase Bank. Even though we won the case he refused to have Chase pay our attorney fees. Just think, any law firm being able to bring a lawsuit against anyone for whatever reason claiming to represent some Bank, not having to prove that they are indeed representing the bank and claiming that an amount is owed, not proving that there is any debt owed and then not being held accountable for their actions.
There “appears” to be some stand out judges in Ohio who are throwing out cases for lack of proper documents but are not forcing these entities to pay costs and sanctioning attorneys for not having all the proper paperwork. Give me a break.
I would like to see your complaint, Flagstar’s response and the final order signed by the Judge. I am building a case against several of the Judges in Michigan and what to bring charges up against them….
If you would like to contact me off this blog my email is oliver@ipa.net.
Thanks…
I checked my deed with the recorder and MERS -Home Mortgage is listed as company on the deed (lein holder) and Home Mortgage is listed on the originally note. It closed originally on 8/30/2005 but it was not recorded until 10/3/2005. Home Mortgage sold the loan immediately to Impac Funding which I believe is part of Countrywide. but it was never recorded. On MERS website Countrywide is listed as the servicer but does not own the loan. Have not found out who is the investor yet. The loan is a pay option arm, which I believe is a predatory loan. Should I file for a recission based on these violations. What other grounds would work to file under. TILA?
I was told that if one of your loans is fixed you cant have a predatory loan even if its with 2 different companies? anyone ever heard of that? I need a lawyer in southern ca in or around the riverdide county area.
Mortgage Audit,
Long story made very short. Bought property to build on in ( think..would have to look at old papers) 1997. Financed through a bank. Bought a modular to place on said property. Rolled property and modular into one loan through Flagstart Bank. In 2001 hubby’s job (auto industry) started to cut worker’s hours, so, instead of being able to make payments on the first of every month, we paid them usually by the 15th . We would go into the local Flagstar Bank and pay IN PERSON! Flagstar sent us a foreclosure notice in 2003 saying we didn’t make timely payments and that we were 2 mos. behind and started foreclosure proceedings against us, “because they didn’t have any record” of one of the payments that we made. We even took the “missing” payment…mind you… MADE OUT IN ONE OF THEIR OWN MONEY ORDERS!!!!!and showed it to them and they still denied any record of it and accused us of not making it. And don’t know how they foreclosed on us, but they did. Back in 2004 when we lost our home, we didn’t have available all of the information that is available now. And I know that our loan was sold to Fannie/Freddie Mac, but the crooked judges / lawyers in the county where our home is located laughed us out of court. We filed a lien against it, reverse title, etc etc. but still lost as I said. As a final insult they sent us a final paper stating that all previous filings we did are null and void and reversed back to them AND the last 4 mortgage payments we made to them including the one that was “lost”. I haven’t looked at the papers in 4 years as this was so painful for me.
TILA and RESPA AUDITS
S-T-O-P- IT PLEASE!
I am blown away by the black market for non qualified TILA and RESPA audits. Purchase one and take it nowhere fast. A n audit and modification will open the door to save the lender and shift an unlawful loan into another
Potential unaffordable loan with NO RECOURSE.
Case in point- Purchase a car with a problem and then have a mechanic do a complete overhaul evaluation. The evaluation should lead you to the problem or indicate the causes. Fine!
Another person buys a car that does not have a gas tank. The second case is impossible to imagine. In the second example you will never leave the parking lot of the dealer. The car does not run!
Audit the disclosures, calculate the HUD ONE and see the potential errors in the Three Day notice or missing handwritten application – so what! So what! You took delivery and have not made payments and now you want something for nothing – No way…
HOWEVER – If you took delivery of a predatory loan the buck stops there! The loan does not work as you went broke tying to meet the obligations reps and warrants. (Hint – the matter stops with one and only one document audit).
The entry posted above cites the numbers do not lie. Calculate the toxicity or excess using a government approved calculation for a predatory advance. Then go to the SEC filings and see the reps and warrants made to investors. Fraud is supported by breach under two federal agencies. Now the underwriters for each lender can talk (whiste blower) or they rest in peace knowing there are living accommodations being prepared for them in Leavenworth.
Arguments should include the consumer date today and aggregate losses in an argument and back into the net difference in consumer debt (before and after) to support your other arguments and negligent over advance.
Establishing toxicity does not argue how the waters were already toxic or breakdown the different toxic componants. It determines where the water was polluted at a level in excess of the existing toxicity levels. RESPA violations exist in every loan – SO WHAT! The increase in deaths will establish at least the standing to bring the case to court.
MSoliman@borrowehotline.com
http://www.borrowerhotline.com http://www.foreclosureinfosearch.com
NOTE – Substance and only damning substance will win these high profile cases. I dont challenge a broker trying to help someone. But brokers chanting LEGALISE is unlawful. These RESPA or TILA audits – forget pal…WASTE. Don’t look here! http://www.borrowerhotline.com http://www.newdawnlaw.blogspot.com
R2, sorry, I meant Lynne…
Mortgage Audit
R2,
I am curious about your post as per Flagstar. Flagstar sells all their loans to Freddie or Fannie so how did they foreclose on your home?
It could be you have a good case to open back up!
Mortgage Audit
R2
You need to understand that the majority of judges and lawyers are crooked here in MI…they all snooze in the same bed.
You still did better than my husband and I did. After we were denied a jury trial, we didn’t even get 30 days to evict our home. We went to court and 2 days after we were laughed out of court, a sheriff showed up at 9 pm at night and handed us eviction papers that gave us 48 hrs. to be out of our home. I am interested in this lawyer you said is here in MI and “gets it”. I won’t be able to get my home back, but if I could sue Flagstar aka. “rip-off bank”, and make them give me back all the money they stole from us for a new home, I’d be happy.
I recently had an audit done by this company:
http://www.nationalloanaudits.com.
Although I don’t know much about audits the report looks very complete and extensive. The only problem is that I don’t have a good lawyer to help me. The audit showed several TILA violations and I have the right to rescind but I don’t want to make any mistakes so any help would be appreciated. I am in VA.
The auditor spent three hours going over the audit with me but I still don’t understand all the legal issues.
Question – I have filed a complaint against all of the companies listed in the prospectus for the pool that my mortgage was in. There was a 30 day summons which many of the companies have not filed an answer or appearance. I am going for an order of default. My question is should I file a Citation to Discover Assets against the defaulting companies along with the motion and order?
Posted by Karl Denninger in Musings at 11:21
The Singular Problem With Credit
I keep getting “pushback” from people in the mortgage industry and elsewhere, especially related to my Youtube Videos, with all sorts of claims that “we can’t go after all the fraud in the mortgage business – get over it”, along with similar missives.
Folks, you need to understand something very clearly, because Bernnake and the rest of the policymakers have laid out the truth for you – if you care to listen.
Fully 2/3rds of credit provided in our economic system is non-bank lending.
That is, it is hedge funds, sovereign wealth funds, pension funds, insurance companies and both foreign and domestic private investors who have extra capital they do not need at the moment, and they are willing to lend that money into the economy.
These are the buyers of securitized debt instruments.
This market is closed.
Both ASF (American Securitization Forum) and Federal Reserve statistics say that there has been essentially no securitized debt issuance over the last six months.
None.
That market is closed because this class of investors was gang raped by the pernicious and outrageous fraud up and down the line within the market.
Arguing over whether the banks are responsible for not verifying information provided (they are), automated approvals are responsible (they are), ratings agencies are responsible for being essentially purchased rubber stamps (they are) or borrowers who fraudulently overstated income and understated debt (they are) misses the point.
The point is that all of these factors are in fact elements of fraud.
All of these are willful and knowing misrepresentation – either by omission or commission – of the risks and true credit profile of the collateral, borrower’s character and capacity, market assumptions used in modeling or all of the above.
The fact of the matter is that this 2/3rds of the credit provided to our market has left and is not coming back until the misrepresentation ends and they can be assured that it will not happen again.
That is, these people are demanding their pound of flesh using the most powerful weapon they have – their checkbook.
As just one of many examples:
Feb. 20 (Bloomberg) — Asian investors won’t buy debt and mortgage-backed securities from Fannie Mae and Freddie Mac until they carry explicit U.S. guarantees, similar to those given on bonds issued by Bank of America Corp. or Citigroup Inc.
And why should they?
These investors got boned. Repeatedly. In the non-agency market they didn’t just get boned they got gang-raped, with losses in some cases on CDOs and similar being 100%.
These events are not supposed to happen, according to risk modeling. And if the risk model actually had put into it the quality of underwriting (none), the verification of income and assets (none), a realistic model of credit growth and asset prices (ha!) and similar, it wouldn’t have – because there would have been no competitive market for those securities at the prices asked.
The argument that this was all “the bank’s fault” is simply not true. The blame is spread across the curve – the fact that your local bank has no guard does not give license to someone that desires to come in and rob it; in that case we penalize the bank but we still lock up the bank robber.
But all of this belies the underlying problem: in the attempt to divert attention from one group or another – and all of the guilty parties are engaged in it at this point, including Congress and our other regulatory agencies such as The Fed – we are forgetting that the private capital is still gone and until we find a way to guarantee that another assault will not happen that capital will not return.
As I listen to Bernanke’s testimony in front of both the House and Senate, and as I watched President Obama’s speech last night, I remain stunned by the lack of recognition of the above facts.
While lawmakers and policymakers such as Bernanke continue to blame “understaffing” (code in DC for “we want more money”) and the lack of fully-formed plans, the fact remains that unless private capital can be convinced to return, and soon, we are headed for an economic depression worse than the 1930s.
This is not some manner of conjecture or fear-mongering – it is a fact that there is absolutely no way we can maintain our standard of living or economic output at anywhere near former levels with 2/3rds of credit capacity gone, nor can we replace that 2/3rds of the former capacity via other means.
To put this in perspective we are talking about a $50 trillion (roughly) credit universe for the United States; 2/3rds of that is ~$30 trillion dollars. It is simply not possible for the government or Fed to replace this, which is why even with a commitment of $9 trillion as has been made thus far the economy is not responding; 2/3rds of what disappeared is still gone and yet trying to actually fund $9 trillion through T-bond sales would cause an immediate implosion in the Treasury market.
We therefore have two choices, and if we do not pick #1 we will get #2:
1. Stop “the bezzle” – right here and now – punishing the fraudsters across the board and clamping down on all manner of fraud in the future with enforcement of the law both looking back and forward being the primary driver of policy.
2. Accept that we will have an economic Depression worse than the 1930s, as the continued absence of private credit provision will guarantee a contraction in GDP of at least 30%. This will result in the bankruptcy of about 20% of the S&P 500, 25-30% unemployment, half of all private businesses in the United States going under and general economic malaise at least equivalent to the 1930s and quite possibly far worse.
Those are the only choices ladies and gentlemen. All the handwaving in the world will not convince private capital to come back and you cannot force that private capital to return.
We can only convince private capital to return by guaranteeing that the rule of law will be upheld, that those who screwed them this time will be punished in accordance with the law and that anyone who attempts to screw them in the future will be immediately dealt with under the same provisions.
Those are the choices folks, and if we do not accept this and adopt it as policy within a very short period of time the economic contraction will continue and, once it reaches a critical point, the collapse in the equity and credit markets will accelerate and be impossible to stop until liquidation has run its course.
We are very close to reaching that tipping point and the reaction today in the markets, after being filled with “hope” yesterday, is a direct consequence of the administration’s failure to follow through with concrete steps to restore trust, transparency, and the rule of law.
Until and unless you hear that message come out of Washington DC your wisest course of action is to be prepared for economic conditions at least as bad as those during the 1930s, because unless policy changes that is exactly what we are going to get.
The math is never wrong.
Jose
Mortgage Analysis and Consulting
“Rescuing the truth in lending”
http://www.toxicmortgageloan.com
http://www.hipotecatoxica.com
703-442-8828
The Huffington Post
William K. Black
Associate Professor, University of Missouri – Kansas City; Senior regulator during S&L debacle
Posted February 25, 2009 | 10:31 AM (EST)
The Two Documents Everyone Should Read to Better Understand the Crisis
As a white-collar criminologist and former financial regulator much of my research studies what causes financial markets to become profoundly dysfunctional. The FBI has been warning of an “epidemic” of mortgage fraud since September 2004. It also reports that lenders initiated 80% of these frauds. When the person that controls a seemingly legitimate business or government agency uses it as a “weapon” to defraud we categorize it as a “control fraud” (“The Organization as ‘Weapon’ in White Collar Crime.” Wheeler & Rothman 1982; The Best Way to Rob a Bank is to Own One. Black 2005). Financial control frauds’ “weapon of choice” is accounting. Control frauds cause greater financial losses than all other forms of property crime — combined. Control fraud epidemics can arise when financial deregulation and desupervision and perverse compensation systems create a “criminogenic environment” (Big Money Crime. Calavita, Pontell & Tillman 1997.)
The FBI correctly identified the epidemic of mortgage control fraud at such an early point that the financial crisis could have been averted had the Bush administration acted with even minimal competence. To understand the crisis we have to focus on how the mortgage fraud epidemic produced widespread accounting fraud.
Don’t ask; don’t tell: book profits, “earn” bonuses and closet your losses
The first document everyone should read is by S&P, the largest of the rating agencies. The context of the document is that a professional credit rater has told his superiors that he needs to examine the mortgage loan files to evaluate the risk of a complex financial derivative whose risk and market value depend on the credit quality of the nonprime mortgages “underlying” the derivative. A senior manager sends a blistering reply with this forceful punctuation:
Any request for loan level tapes is TOTALLY UNREASONABLE!!! Most investors don’t have it and can’t provide it. [W]e MUST produce a credit estimate. It is your responsibility to provide those credit estimates and your responsibility to devise some method for doing so.
Fraud is the principal credit risk of nonprime mortgage lending. It is impossible to detect fraud without reviewing a sample of the loan files. Paper loan files are bulky, so they are photographed and the images are stored on computer tapes. Unfortunately, “most investors” (the large commercial and investment banks that purchased nonprime loans and pooled them to create financial derivatives) did not review the loan files before purchasing nonprime loans and did not even require the lender to provide loan tapes.
The rating agencies never reviewed samples of loan files before giving AAA ratings to nonprime mortgage financial derivatives. The “AAA” rating is supposed to indicate that there is virtually no credit risk — the risk is equivalent to U.S. government bonds, which finance refers to as “risk-free.” We know that the rating agencies attained their lucrative profits because they gave AAA ratings to nonprime financial derivatives exposed to staggering default risk. A graph of their profits in this era rises like a stairway to heaven. We also know that turning a blind eye to the mortgage fraud epidemic was the only way the rating agencies could hope to attain those profits. If they had reviewed even small samples of nonprime loans they would have had only two choices: (1) rating them as toxic waste, which would have made it impossible to sell the nonprime financial derivatives or (2) documenting that they were committing, and aiding and abetting, accounting control fraud.
Worse, the S&P document demonstrates that the investment and commercial banks that purchased nonprime loans, pooled them to create financial derivatives, and sold them to others engaged in the same willful blindness. They did not review samples of loan files because doing so would have exposed the toxic nature of the assets they were buying and selling. The entire business was premised on a massive lie — that fraudulent, toxic nonprime mortgage loans were virtually risk-free. The lie was so blatant that the banks even pooled loans that were known in the trade as “liar’s loans” and obtained AAA ratings despite FBI warnings that mortgage fraud was “epidemic.” The supposedly most financially sophisticated entities in the world — in the core of their expertise, evaluating credit risk — did not undertake the most basic and essential step to evaluate the most dangerous credit risk. They did not review the loan files. In the short and intermediate-term this optimized their accounting fraud but it was also certain to destroy the corporation if it purchased or retained significant nonprime paper.
Stress this: stress tests are useless against the nonprime problems
What commentators have missed is that the big banks often do not have the vital nonprime loan files now. That means that neither they nor the Treasury know their asset quality. It also means that Geithner’s “stress tests” can’t “test” assets when they don’t have the essential information to “stress.” No files means the vital data are unavailable, which means no meaningful stress tests are possible of the nonprime assets that are causing the greatest losses.
The results were disconcerting
A rating agency (Fitch) first reviewed a small sample of nonprime loan files after the secondary market in nonprime loan paper collapsed and nonprime lending virtually ceased. The second document everyone should read is Fitch’s report on what they found.
Fitch’s analysts conducted an independent analysis of these files with the benefit of the full origination and servicing files. The result of the analysis was disconcerting at best, as there was the appearance of fraud or misrepresentation in almost every file.
[F]raud was not only present, but, in most cases, could have been identified with adequate underwriting, quality control and fraud prevention tools prior to the loan funding. Fitch believes that this targeted sampling of files was sufficient to determine that inadequate underwriting controls and, therefore, fraud is a factor in the defaults and losses on recent vintage pools.
Fitch also explained why these forms of mortgage fraud cause severe losses.
For example, for an origination program that relies on owner occupancy to offset other risk factors, a borrower fraudulently stating its intent to occupy will dramatically alter the probability of the loan defaulting. When this scenario happens with a borrower who purchased the property as a short-term investment, based on the anticipation that the value would increase, the layering of risk is greatly multiplied. If the same borrower also misrepresented his income, and cannot afford to pay the loan unless he successfully sells the property, the loan will almost certainly default and result in a loss, as there is no type of loss mitigation, including modification, which can rectify these issues.
The widespread claim that nonprime loan originators that sold their loans caused the crisis because they “had no skin in the game” ignores the fundamental causes. The ultra sophisticated buyers knew the originators had no skin in the game. Neoclassical economics and finance predicts that because they know that the nonprime originators have perverse incentives to sell them toxic loans they will take particular care in their due diligence to detect and block any such sales. They assuredly would never buy assets that the trade openly labeled as fraudulent, after receiving FBI warnings of a fraud epidemic, without the taking exceptional due diligence precautions. The rating agencies’ concerns for their reputations would make them even more cautious. Real markets, however, became perverse — “due diligence” and “private market discipline” became oxymoronic. These two documents are enough to begin to understand:
* the FBI accurately described mortgage fraud as “epidemic”
* nonprime lenders are overwhelmingly responsible for the epidemic
* the fraud was so endemic that it would have been easy to spot if anyone looked
* the lenders, the banks that created nonprime derivatives, the rating agencies, and the buyers all operated on a “don’t ask; don’t tell” policy
* willful blindness was essential to originate, sell, pool and resell the loans
* willful blindness was the pretext for not posting loss reserves
* both forms of blindness made high (fictional) profits certain when the bubble was expanding rapidly and massive (real) losses certain when it collapsed
* the worse the nonprime loan quality the higher the fees and interest rates, and the faster the growth in nonprime lending and pooling the greater the immediate fictional profits and (eventual) real losses
* the greater the destruction of wealth, the greater the (fictional) profits, bonuses, and stock appreciation
* many of the big banks are deeply insolvent due to severe credit losses
* those big banks and Treasury don’t know how insolvent they are because they didn’t even have the loan files
* a “stress test” can’t remedy the banks’ problem — they do not have the loan files
Mortgage Analysis and Consulting
“Rescuing the truth in lending”
http://www.toxicmortgageloan.com
http://www.hipotecatoxica.com
703-442-8828
R2
M SOLIMAN HERE!
THIS PARTY HAS JUST BEGUN. WOW – NO AMATURES PLEASE !!!
THE FIGHT IS GOING TO ROUND TWO AND YES YOU HAVE LOTS OF SHOTS TO TAKE! GET UP OFF THE MAT.
I WISH YOU WOULD FOCUS ON WINNING THE HOUSE AND NOT OCCUPYING IT AT THE MOMENT. GET BACK TO ME
ADMIN@BORROWERHOTLINE.COM
Well, not good news. I had my hearing today and, unfortunately, I was denied jury trial and denied postponement of summary judgment to seek and retain legal counsel and even denied request to move case to the other district court which will be heard on March 16th. (I have to present triable issues to that court by March 2nd). Obviously what I presented today was not sufficient. I asked for 90 days postponement to evict . . .but of course was given only 30 days and the right to appeal in Superior Court (?)
so now what to do? Appeal in Circuit Court, Superior Court?
ILhelp: Judicial states ARE easier because the forecloser must make allegations and prove them — i.e., swear to them. Keep the pressure up and you’ll get a better offer on modification or maybe they will even back off completely. We have seen both happen.
Sharon: take a look at the Lawyers that Get It page on the blog AND review comments from lawyers here. If you use the search engine at the bottom of each page of the blog and insert “Georgia” you’ll probably find what you are looking for. Meanwhile you need to get started preparing your papers and your information. So download the Intake form from the Page “In Trouble Now?” which you will need no matter where you go for help and no matter where you go to fight this.
Need an attorney from Georgia who will take on my foreclosure case ASAP!!! Home sold on 2/3/09. Have not received word on eviction date yet.
R2,
Yes, for example, you did not get two copies of your Notice of Right to Cancel….
Jose,
Is is a lat easier if you are in a judicial state like Illinois?
PS – Does there need to be an issue of material fact to extend the rescission period beyond the 3 days?
Thanks to all of you who gave me your input re: trial issues, rescission rights etc etc etc . . .my hearing is today where the judge is to rule whether or not this goes to trial. Keep fingers crossed and faith. I’ll let you know outcome. best regards, R2
How to use “Produce the Note” in Non-judicial Foreclosure States
February 20, 2009
homeIn some states, a lender can foreclose on your home without going to court. These are called non-judicial foreclosure states. You can still use the “Produce the Note” strategy in these states, but it takes a few more steps on your part.
First, the concept behind “Produce the Note” is this: When a homeowner is faced with a foreclosure suit, “Produce the Note” requires the lender to prove it has the actual authority to foreclose, by requiring it to officially produce the original promissory note in the lawsuit. But if there is no foreclosure lawsuit, what can homeowners do? In these “nonjudicial foreclosure” states, such as California, Texas, or the thirty or more other states with similar procedures, the homeowner has to file a lawsuit against the party trying to foreclose.
Here’s how it generally works:
* In a state with nonjudicial foreclosure procedures, a foreclosure sale can be initiated by the lender without using court proceedings.
* Homeowners receive a “Notice of Intent” letter informing them that a foreclosure sale will be scheduled unless the overdue debt is paid within a certain amount of time.
* If the debt is not paid accordingly, a “Notice of Sale” is then sent informing the homeowner that a foreclosure sale will take place at a particular time and place.
* No lawsuit is ever initiated by the lender and the courts are not involved.
* Without a lawsuit, you cannot use judicial procedures to require the lender to “produce the note.”
* Merely sending a private letter to the lender “demanding” that it produce the original note to the borrower may be met with utter disregard or outright refusal by the lender.
So, here’s what you can do:
* In a nonjudicial foreclosure state, in order to protect yourself by demanding that the lender “produce the note,” it will be necessary for you to first actually file your own lawsuit. Even in such nonjudicial foreclosure states, no law prohibits you from instituting your own lawsuit challenging the right of a lender to foreclose on your property. The lawsuit would allege that:
1. the lender has sent a Notice of Intent to Foreclose;
2. the homeowner is unsure as to whether the lender still possesses the original debt instrument, upon which the lender claims the right to foreclose;
3. the homeowner wants proof of such authority; and
4. the court should intervene and prevent the foreclosure from taking place unless and until such proof is presented.
* Initiating litigation to protect your rights is never a simple process. Requirements as to what must be contained in a pleading, how the facts must be plead, who should be named in the pleading, and how the pleading should be officially “served” on the lender, all differ from state to state.
* Once a lawsuit is initiated, however, all states have judicial procedures that allow a party to require the other side to produce relevant documents, and the “produce the note” strategy can be used.
Often times, the best way to protect your rights in these situations is to seek professional help from an attorney licensed to practice in your geographical area. Getting involved in a lawsuit by representing yourself, especially if you file the lawsuit yourself, is not easy, but you can do it. Every citizen is able to represent themselves and file a lawsuit on their own. It’s called pro se, which means “on ones own behalf.”
If you can afford a lawyer, then by all means, hire one. There are attorneys who specialize in real estate matters, and either advertise or can be found in the yellow pages. Most areas have bar associations that maintain lists of attorneys willing to help in specific areas of the law.
Finally, there are usually “legal aid” organizations around set up to assist individuals who may have difficulty paying for the services of an attorney. A good place to begin your search is by going to the Legal Services Corporation website.
So, even if you are in a non-judicial foreclosure state, you can use “Produce the Note.” This is your home, and if you want to fight for it, you do have a way.
ShareThis
* Homeowners say “Produce the Note” to Stop Foreclosures!
ABC Action News in Tampa interviews the Consumer Warning Network’s Chris Hoyer about “Produce the Note” and talks with homeowner Kathy Lovelace who used…
* Foreclosure Squatters Force “Produce the Note” Issue
Rhode Island Attorney George Babcock is finding success using the “Produce the Note” strategy to fight foreclosure for his clients. Mr. Babcock has used…
* Produce The Note “How-To”
Fight Foreclosure: Make ‘Em Produce The Note! Using the “produce the note” strategy is something all homeowners facing foreclosure can do. If you believe you’ve…
* Fight Foreclosure: Make ‘Em Produce The Note!
If your home is currently in foreclosure, there may still be a chance to save it. As a result of lenders buying and selling…
* FOX Orlando TV Station Spreads Word on “Produce the Note”
Central Florida is one of the areas hardest hit by foreclosures around the country. The FOX Orlando TV station picked up on the Consumer…
http://www.toxicmortgageloan.com
http://www.hipotecatoxica.com
Mortgage Analysis and Consulting
703-442-8828
How to use “Produce the Note” in Non-judicial Foreclosure States
February 20, 2009
homeIn some states, a lender can foreclose on your home without going to court. These are called non-judicial foreclosure states. You can still use the “Produce the Note” strategy in these states, but it takes a few more steps on your part.
First, the concept behind “Produce the Note” is this: When a homeowner is faced with a foreclosure suit, “Produce the Note” requires the lender to prove it has the actual authority to foreclose, by requiring it to officially produce the original promissory note in the lawsuit. But if there is no foreclosure lawsuit, what can homeowners do? In these “nonjudicial foreclosure” states, such as California, Texas, or the thirty or more other states with similar procedures, the homeowner has to file a lawsuit against the party trying to foreclose.
Here’s how it generally works:
* In a state with nonjudicial foreclosure procedures, a foreclosure sale can be initiated by the lender without using court proceedings.
* Homeowners receive a “Notice of Intent” letter informing them that a foreclosure sale will be scheduled unless the overdue debt is paid within a certain amount of time.
* If the debt is not paid accordingly, a “Notice of Sale” is then sent informing the homeowner that a foreclosure sale will take place at a particular time and place.
* No lawsuit is ever initiated by the lender and the courts are not involved.
* Without a lawsuit, you cannot use judicial procedures to require the lender to “produce the note.”
* Merely sending a private letter to the lender “demanding” that it produce the original note to the borrower may be met with utter disregard or outright refusal by the lender.
So, here’s what you can do:
* In a nonjudicial foreclosure state, in order to protect yourself by demanding that the lender “produce the note,” it will be necessary for you to first actually file your own lawsuit. Even in such nonjudicial foreclosure states, no law prohibits you from instituting your own lawsuit challenging the right of a lender to foreclose on your property. The lawsuit would allege that:
1. the lender has sent a Notice of Intent to Foreclose;
2. the homeowner is unsure as to whether the lender still possesses the original debt instrument, upon which the lender claims the right to foreclose;
3. the homeowner wants proof of such authority; and
4. the court should intervene and prevent the foreclosure from taking place unless and until such proof is presented.
* Initiating litigation to protect your rights is never a simple process. Requirements as to what must be contained in a pleading, how the facts must be plead, who should be named in the pleading, and how the pleading should be officially “served” on the lender, all differ from state to state.
* Once a lawsuit is initiated, however, all states have judicial procedures that allow a party to require the other side to produce relevant documents, and the “produce the note” strategy can be used.
Often times, the best way to protect your rights in these situations is to seek professional help from an attorney licensed to practice in your geographical area. Getting involved in a lawsuit by representing yourself, especially if you file the lawsuit yourself, is not easy, but you can do it. Every citizen is able to represent themselves and file a lawsuit on their own. It’s called pro se, which means “on ones own behalf.”
If you can afford a lawyer, then by all means, hire one. There are attorneys who specialize in real estate matters, and either advertise or can be found in the yellow pages. Most areas have bar associations that maintain lists of attorneys willing to help in specific areas of the law.
Finally, there are usually “legal aid” organizations around set up to assist individuals who may have difficulty paying for the services of an attorney. A good place to begin your search is by going to the Legal Services Corporation website.
So, even if you are in a non-judicial foreclosure state, you can use “Produce the Note.” This is your home, and if you want to fight for it, you do have a way.
ShareThis
* Homeowners say “Produce the Note” to Stop Foreclosures!
ABC Action News in Tampa interviews the Consumer Warning Network’s Chris Hoyer about “Produce the Note” and talks with homeowner Kathy Lovelace who used…
* Foreclosure Squatters Force “Produce the Note” Issue
Rhode Island Attorney George Babcock is finding success using the “Produce the Note” strategy to fight foreclosure for his clients. Mr. Babcock has used…
* Produce The Note “How-To”
Fight Foreclosure: Make ‘Em Produce The Note! Using the “produce the note” strategy is something all homeowners facing foreclosure can do. If you believe you’ve…
* Fight Foreclosure: Make ‘Em Produce The Note!
If your home is currently in foreclosure, there may still be a chance to save it. As a result of lenders buying and selling…
* FOX Orlando TV Station Spreads Word on “Produce the Note”
Central Florida is one of the areas hardest hit by foreclosures around the country. The FOX Orlando TV station picked up on the Consumer…
*
FRAUD GENERATING FORMULA
GUESS WHAT? Great reading. I figure my family’s future was a part of a mathematical and statistical risk factor formula. I refuse to accept that. I am not irresponsible, I always paid my bills on time. Never even got a traffic ticket, and these lenders and investors based their decisions not on how they could destroy the country and our families but on how the money could look in their tax haven bank accounts.
I understand we live in a capitalist country and I am a proud American, however, I believe that by the government officials, regulators, judges and lawyers getting in bed with the bankers and wall street alchemists has destroyed our economy. We need change, we need to push for fairness and for justice.
THE FORMULA THAT KILLED OUR ECONOMY , AND THAT STARTED IT ALL
Click here to see the page on wired.com
http://www.wired.com/techbiz/it/magazine/17-03/wp_quant/
http://www.toxicmortgageloan.com
Mortgage Analysis and Consulting
703-442-8828
FRAUD GENERATING FORMULA
GUESS WHAT? Great reading. I figure my family’s future was a part of a mathematical and statistical risk factor formula. I refuse to accept that. I am not irresponsible, I always paid my bills on time. Never even got a traffic ticket, and these lenders and investors based their decisions not on how they could destroy the country and our families but on how the money could look in their tax haven bank accounts.
I understand we live in a capitalist country and I am a proud American, however, I believe that by the government officials, regulators, judges and lawyers getting in bed with the bankers and wall street alchemists has destroyed our economy. We need change, we need to push for fairness and for justice.
THE FORMULA THAT KILLED OUR ECONOMY , AND THAT STARTED IT ALL
Click here to see the page on wired.com
http://www.wired.com/techbiz/it/magazine/17-03/wp_quant/
DA: Not necessarily. You might have a number of self help remedies available depending upon the wording of the QWR.
*S*u*c*c*s*e*s*s *
Case number co9-00349
UD hearing Case number PS 08-2697
http://www.foreclosureinfosearch.com
Defendant Freemont Investment and Loan v. The Trustor. As for successes-the trustor lost the UD hearing and was ordered to vacate. We filed (our counsel) a subsequnet action in superior court for wrongful foreclosure .
The pleading includes the arguments of misjoinder, latches, unlawful estopples and failure to meet the minium “prior to Notices” code requirements and also all collateral requirments needed to foreclose under the power of sale provisions.
A new hearing was set for granting a TRO pending trial that will take place monday and it was granted to the Plaintiff (borrower) by the same superior court that heard the lender holdover matter.
NLS is an expert witness and case development firm for counsel and their clients or clients seeking pro per expert services under an LEAA attorneys understanding.
NLS works under the authority of various counsel and honors the client attorney relationship and are not licensed to practice law.
http://www.borrowerhotline.com
By M Soliman
admin@borrowerhotline.com
R2:
Please read 15 USC 1635(f). An obligor’s right of rescission shall expire three (3) years after the date of consummation of the transaction or upon the sale of the property, whichever occurs first, notwithstanding the fact that the information and forms required under this section or any other disclosures required under this part have not been delivered to the obligor, except that if….
As long as the loan is not a money purchase loan it appears you have 3 years and keep in mind that you have the UCC and State recoupment rights.
And you have the big issue of them producing the original note….
Mortgage Audit:
If the lender refused to comply after 20 days you will have to file an action to enforce your TILA rescission.
D.A. Esq.
PS. – I need any thoughts on how to proceed with moving tommorrow’s case to the other court as the two are tied together whether or not the judge grants jury trial. Would that require a motion be filed before or after court hearing?
As to Heather F and Lynne or whoever else is looking for a MI attorney, I think I found one who gets it. If anyone’s interested let me know. I’ll contact her too to see if it’s ok to to give out her name & no. As to successfully fighting the lender post sale, we’re trying and we’ve made headway in that we have requested a jury trail in two different district courts (issue involves 2 homes tied together). Both courts have given me a little time to present triable issues. I venture guess that in 2004 this was not a big deal and so the courts just threw them out. today is a different story. In any event, I appear in court tomorrow for one to hear outcome and for the other, I have one week to present triable issues and appear in court in 3 weeks. Little victories, but victories nonetheless. I don’t know what will happen tomorrow. If the judge denies my demand for jury trial, I will ask for time to seek out legal counsel and do limited discovery. As to next week and presenting triable issues, any thoughts would help. I’ve already used breach of contract, wrongful foreclosure, violation of MI foreclosure laws, specifically stating statutes. I’m wondering too about rescission after three days. I did e-mail the lender after closing on my refinance within a month after the closing saying that our loan was not executed as shown in the commitment letter, but they said they couldn’d undo the loan. Any thoughts?
Ilhelp,
I would have to see all the closing documents to know if I would be able to help. We charge nothing to look at the documents to determine if there is a case.
You can contact me directly; oliver@ipa.net
[Q] Want to know if there have been any victories with regards to fighting even AFTER the “Sale” of the property! Please post your experiences.
Yes, I have a case in Vermont, one in Georgia and one in Nebraska. All clients are still in their homes. Can provide you with client contact and you can speak with them directly.
[Q] Want to know if there have been any victories with regards to fighting even AFTER the “Sale” of the property! Please post your experiences.
————————————————————
MSOLIMAN – YES WE HAVE HAD A NUMBER OF GOOD THINGS OCCOUR. HERES THE DEAL -
A PARTY CANNOT CONVEY TITLE TO REAL ESTATE WHERE THE COLLATERAL HAS BECOME DISTURBED AND THE TITLE IS DEFECT. THIS SITE GIVES YOU ALL THE EXAMPLAR YOU NEED SO READ!
WHERE THE SALE CAN BE CHALLANGED AS VOID THE CONVEYANCE TO THE BUYER (THIRD PARTY OR OTHERWISE FROM THE TRUSTEE MUST FAIL).
THE DEFENDENT HOWEVER WILL HAVE NO STANDING FOR THESE ARGUMENTS IN A HOLDOVER MATTER. MY UNDERSTADNING FROM THE GET GO WAS THE HOLDOVER WILL ACTUALLY HAVE A BETTER CHANCE TO MOVE THE CASE OUT INTO A PROPER HEARING IF THE PRINCIPAL DWELLING IS VACATED . . . .
COUNTER CLAIM AND PLEAD YOUR CASE IN FEDERAL COURT WITH AN ATTORNEY OR TRY SUPERIOR COURT PRO PER. [PRO SE WE FIND OUT IS A NOLO IN A DISTRICT COURT ].
EITHER WAY – FIGHT TO WIN THE HOUSE AND NOT THE BATTLE TO BUY ANOTHER WEEK IN TEH HOME OR TO CHANGE THE LAW. ALWAYS CONSIDER A BK ALSO WHEN ALL ELSE FAILS (PLEASE SEE A QUALIFIED BK ATTORENY FOR DETAILS – reference Carl Kop Esq).
MAKE THE CLAIM AND FILE A MOTION FOR A RESTRAINING ORDER AND STAY – SEEK AN INJUNCTION FROM THE PENDING ATTEMPTS TO FORCE YOU TO VACATE.
OUR SUCCESS IS MEASURABLE FROM A PERSPECTIVE OF THE COURT ISSUING A NUMBER OF STAY S TO DATE AND BORROWERS AND ATTORNEYS PREPARE THEIR ARGUMENT ON A MUCH MORE FAVORABLE CALANDER DOCKET – - – FROM 2 WEEKS TO PERHAPS TWO YEARS TO GET TO A JURY TRIAL IN CA.
MSOLIMAN http://WWW.BORROWERHOTLINE.COM
A registered expert to counsel is not a licensed attorney and cannot practice law or give legal advice. The following is soley for informational purposes.
i have some countrywide loans that were pay option arms. I would like to do a right of recission if possible I am not behind yet but will be soon. Need some help figuring out what to do. I have other properties also that are upside down and need a plan of atack.
What type of help are you needing in Illinois?
Hi David Ates In Georgia:
I work with Attorney Dwight Bowen in Atlanta to which in Georgia attorneys have to close a loan.
In our case an attorney did not close the loan, a bank employee did.
On the issue of rescission, the law requires the Lender to perform first. I have yet to have a Lender show up in Court with the Original Note in Georgia.
I have a case in Ohio where Chase has refused the tender of the Home and want only CASH.
Still need some help in Illinois. anybody know of an atorney in chicago area.
I have a case in Vermont to which we reversed the foreclosure and keep the people in their home.
We now have been in litigation for some 2 years and the court has ordered the Lender to produce the Note. Well, you see said the Attorney for the Lender, the Note you ordered us to produce does not look like the copy of the Note we put in the Court record.
Well, said the Judge to the Lender’s Attorney, you have a problem…..
To M. Soliman
Just wanted to thanks you for the above article.
I came to your office with my friend regarding our cases that we have in OC.
You are a great man.
I hope we have chance to meet you again.
Thanks for all the useful information that you gave us at your office.
Please keep us posted.
Regards,
Alex
Hello,
Wanted to know if there have been any victories with regards to fighting even AFTER the “Sale” of the property! Please post your experiences.
Mortgage Audits
Latest “Neil” success – Homeowner fights couraegously through the foreclosure and subsequnetly loses. We place the matter with counsel and file an action against the lender in Federal Court and sought a stay from evicition…the next day the TRO was rejected and the sherifs arrived.
The Trustor who lost at the UD (motion granted) hearing to the lender went to meet the Sherifs to move belongings. She was greeted however with a smile as the Sherif said they were just called off.
The attorneys for the lender called off the order to vacate. (No comments or opinion here with repsect to the open and pending matter and defendants “lender” decision ).
California – we are known by your lender. We have a four in one (four sections in one quadrant ) approach that employs a systematic analysis to the audit.
1st box is the review using analysis pertinant to of the application process. Everything from inital application and up to the night before the docs are signed.
2nd we attack the signing and settlement where alot of folks talk about the RESPA and TILA or other disclosure items.
3rd is the servicing process and tracking collections abuses. If we can get in before the NOD we then monitor the series of notices and (2935.5) workout contacts by lender and look for crucial ommisions and errors
4th we attack the foreclosure and each notice and compare the results with statutes and code to Stop the sale or counter claims made by the trustee subsequent to the sale .
Therein we urge the client to file an action to stop the sale.
We are aligned with outstanding attorneys working side by side with us and on staff. Lawyers could never maintain the daily scrutiny and consideration we do go through in the process. What we hand to them however is a turn key case with strong documented exemplar and case analaysis including cited violations ranging from quad 1 through 4.
Our approach makes for a very very strong counter claim if you are prepared to file!
MSoliman
http://www.foreclosureinfosearch.com
Welcome Counsel Carl Kop Esq
Specialty Mortgage Lending Violations and Compliance enforcement and bankruptcy .
http://www.borrowerhotline.com
msoliman@borrowerhotline.com
YOU WANT TO WIN IN COURT – ATTACK THE POLICIES OF DEFENDANTS
We lick our chops when we see the deceptive ways the FSB are being sheltered from the truth.
By M Soliman
http://www.borrowerhotline.com
Lending limit regulations restrict the total amount of loans and credits that a bank may extend to a single borrower. This restriction is usually stated as a percentage of the bank’s capital or assets. For example, a national bank generally must limit its total outstanding loans and credits to any single borrower to no more than 15% of the bank’s total capital and surplus.
The classification of the combination and view as a customer of the FSB is up for grabs.
The depositor and companies like Residential Funding, Countrywide and WAMU have made certain limited representations and warranties regarding the mortgage loans as of the date of issuance of the certificates. They are the issuing entity known as the depositor who caused a trust to be formed and organized with respect to each Series of mortgage related and asset backed securities on the Issuance date, to the Standard terms of the depositor under the series supplement or more commonly referred to as prospectus supplement as the pooling and servicing agreement:
On the issuance date, the depositor deposits into the trust two groups of mortgage loans, secured by first liens on one- to four-family residential properties, that in the aggregate will constitute a mortgage pool with terms to maturity of not more than 30 years in the case of loan group I or 15 years in the case of loan group II.
What is not clear is the classification of that party that remains a bankrupt insulate entity!
THE TRUST DOES NOT HAVE ANY ADDITIONAL EQUITY. Another attack is herein –The pooling and servicing agreement authorizes the trust to engage only in selling the certificates in exchange for the mortgage loans, entering into and performing its obligations under the pooling and servicing agreement, activities necessary, suitable or convenient to such actions and other activities as may be required in connection with the conservation of the trust fund and making distributions to certificate holder
Vulnerability – The pooling and servicing agreement provides that the depositor assigns to the trustee for the benefit of the certificate holders without recourse all the right, title and interest of the depositor in and to the mortgage loans. Furthermore, the pooling and servicing agreement states that, although it is Intended that the conveyance by the depositor to the trustee of the mortgage loans be construed as a sale, if the mortgage loans for any reason are held to not be property of the trustee, the conveyance of the mortgage loans shall also be deemed to be a grant by the depositor to the trustee of a security interest in the mortgage loans and related collateral.
We are “Experts” that may or may not be the best…that’s not our deal. We seek to only uncover the wrongful actions and instances of deception that go beyond the needs of a “spot” audit – anyone who ever has underwritten can do that.
We’ve read the lawsuits and see plaintiff vulnerability in each. You want to win in court…we are here to ensure that win. Nothing else will suffice.
MSoliman
NLS
http://www.borrowerhotline.com
Thanks Neil for the chance to vent!
We are in dire need of an attorney and or advice . We live in West Virginia. Thanks you
Julie:
I am a lawyer in Georgia and it has been my experience in Georgia the lender will move the court to modify the rescission procedure by having you tender the money into the court registry(15 USC 1635(b)) within a specified amount of time., usually 6 moths. The mortgage will only be removed after this has occurred. I have never seen this request denied in Georgia. Therefore I usually recommend to my clients that they tender the property instead of the monies. This means, if successful, you will get all your money back you have paid toward the loan including closing costs. Now as I stated I practice in Georgia and we have controlling case law that our courts here are bound by, this may or may not be the case in California. Good luck with your fight and remember to never give up! A successful TILA lawsuit can give your family the money for a new start while putting the foreclosure behind you.
David C. Ates Esq.
Hi Julie,
My first thought is who did the audit and who is going to testify in court as to the validity of that audit.
Second, in 15 USC 1635(b) the Notice of Rescission goes to the Lender and not the Servicer. Has this been done? The Lender has 20 days to tender first. If they have failed to do so I would move to quiet title and have them removed from the real property in the county records.
john
what is your comment is awaiting moderation mean?
I already had an audit done that uncovered the respa/tila violations. I need to move forward now with a recision and need an Atty to assist in OC or LA county, CA ASAP. Also, I have the note issue and more. Thanks!!
sorry email is pendolinos1@sbcglobal.net
I am looking for an illinois attorney. I will be dealing with counrtywide and need some help. A couple of questions. I am not behind yet but want to know once you send the first demand letter and they receive it (delivery confir) if you miss a payment can they still report to credit agency. My credit is 790 and do not wnt to ruin during dispute process. Do you have to wait until they respond and you send the second letter? was told the rirst letter they had 30 days and the followup they had 15 days. then you were officially in dispute. Any help? thanks
Mortgage Audits is a successful mortgage audit company and has been in existence for over 6 years.
We are the only company out there that I know of that has presented an expert witness to our findings of facts of mortgage violations in a clients closing documents.
You can email us at oliver@ipa.net
Thanks….
Tennessee attorneys Eric Fox and Larry Crain should not be on your list. Larry Crain still owes me over $3000.00 and the both of them settled on a claim without the clients ok. Larry threatened the client with criminal action if he did not settle. They are not attorneys that I would hire. I will be posting a Rip-Off report on the both of them in the very near future….
TRACY was confronted in Court with the accusation that he used a form from this site. For some reason he felt uncomfortable about that and requested that we remove his name.
Has anyone use the equitable tolling argument recently with success and do you have any recomendations for an Atty in Orange County CA for a Tila Filing that has done them successfully before? Or a sample copy of a CA Respa/Tila filing I can look at in case I have to do it myself. I am having an awful time getting a loan mod with Wells Fargo and Countrywide and there are erronoeus dates on my Right to Cancel and other compliance violations uncovered in a loan audit. I am upside down in my house by $250,000. I keep checking the mail for NOD. Scared new Mom. Thank you!!
OK, since there has been more than a couple inquiries on this, Tracy was taken off the list at HIS request, there are only so many clients an attorney can effectively handle….that is why we need to continue to build the attorney network, especially in TX, IL, MI, OR and AZ…barristers are you out there…??
Hi Neil,
Just wondering…Tracy Wood is not included in your 02/09 list of attorney “who gets it”. Any reason why? Did he get out of it cuz he didn’t get it? Is it possible that some lawyers tried to do your approach or program and found out they can’t do it? What kind of lawyer’s experience is required to fight the lenders? If this “lost note” approach got their way into some courts in Ohio, etc. will it be possible to win in another state like California or Arizona or Nevada?
I’m getting so much from following your blog that I totally get it and I’m not even a lawyer. I’ve tried calling lawyers from your list but seems like some doesn’t have the enthusiasm that I pick up from reading your very informative blog
May you continue to be a blessing to all of us!
Thanks and keep it on!!
Neil,
Just looking to share my Quiet Title Doc. Victory is relative,
one motion at a time….
crickets…………..
Thank you for the response, I do understand the standard lawyer fees, that would typically be rewarded in any case it is part (b) of contingency fees.. 40% mortgage lien of plaintiffs claim from our attorney to client(me) for services of either dismissal or reduction of mortgage balance. That is the part that seems a bit aggressive don’t you think? Attorneys becoming landlords for services rendered?
Florida Defense Team: send it in as email to me or post it as commentary and I will convert it to a regular post. Did you get a result or are you just advertising for business?
Douglas: attorney fees are high no matter how you do it. Either you pay up front and an hourly fee or the attorney defers his hourly fee in exchange for a percentage. Either way the client usually pays court costs too. Then there is the hybrid which you seem to be presenting. A monthly payment is not unusual in these circumstances, but overall, the contingency fee plus the hourly should not exceed 40% of the total recovery which includes any forgiveness of debt, nullification of the mortgage or principal reduction. Any attorneys fees recovered should be applied against what you owe.
I was about to retain this outfit out of Florida to handle an Audit and Foreclosure defense.
Here were the “contingency fees” they were asking for the Foreclosure Defense.
(a) seemed fair but (b) was “insane” to say the least.
I wold love comments, and suggestions!
Are these Fair and Normal attorney fees?
a. In t he event t hat t he CLIENT wins or obt ains fees from t he BANK for t he
ATTORNEY over and above the amount that the ATTORNEY is paid from the
CLIENT by the Monthly Payments, the ATTORNEY is entitled to any balance
collected from the BANK. In the event that the CLIENT receives a positive
outcome, and the BANK is responsible to pay for the Client’s fees, the Attorneys
will also seek a multiplier from the BANK of up to 2.5. Other than the fixed
monthly payments, the CLIENT is not responsible for any fees other than those that
are collected from the BANK or as described, below.
b. There is an additional Contingency Fee that the ATTORNEYS are charging to
the CLIENT. In the event that the ATTORNEYS are able to prevail in such a
way that the Mortgage that allegedly established an obligation by the CLIENT
on the CLIENT’s property, and which is on title, should be defeated or
reduced or otherwise modified in the CLIENT’s favor, so that the CLIENT
owns the property at the end of the case, free of any Mortgage or with a
reduced Mortgage, then, the Attorneys are entitled to receive from the
CLIENT an amount equal to 40% of the amount that the Plaintiff was
claiming on the Mortgage MINUS any amounts that the BANK has paid for
Attorneys’ fees and minus all the Monthly Payments that the CLIENT has
made. In this regard, the CLIENT agrees that the CLIENT shall sign and
deliver a Mortgage in favor of the ATTORNEYS on the same property that
was subject to the nullified or reduced mortgage for the net amount stated in
this Paragraph. Any such mortgage shall bear interest at 5% interest,
compounded annually, and the monthly payments shall be in the same
proportion as the amount owing vis a vis the amount that would have been
owing on the mortgage. For instance, assume that the CLIENT’s property was
purchased for $400,000 and it has a $340,000 mortgage balance (the outstanding
balance the BANK is claiming including interest, but not including attorneys’ fees
or costs) on i t. F rom t his, assume t hat t he Client has won $20,000 f or t he
Attorney’s fees from the BANK that is paid to the ATTORNEYS, and that the
CLIENT has paid 10 payments of $400.00 each for a total of $4,000. Then from
the $340,000 the Attorneys will be entitled to 40% or $136,000 Minus $24,000 (the
$20,000 in fees paid by the BANK and the $4,000 already paid by the CLIENT) for
a difference of $112,000.00. In this example, the Attorneys are entitled to a lien or
a mortgage against the property of $112,000 at a rate of 5% interest per annum,
compounded annually, and the monthly payments will be $112,000/340,000 of the
original pa yments. A ssuming t hat t he monthly mortgage p ayments were
$1,000.00, the new payments, which will be to the Attorneys, will be 112/340 x
$1,000 = $329.41 per month.
This example will only be for cases where the
Attorneys win or settle the case and cause the original mortgage to be nullified
or reduced.
c. Furthermore, there is one more additional contingency fee to which the
ATTORNEYS are entitled. In the event that the ATTORNEYS should file a
Counterclaim or a Complaint or Claim of any kind against the BANK, or the
Court should award the CLIENT any award of any kind from the BANK
other than the fees that are referred to above, then, the ATTORNEYS are
entitled to a fee of 40% of any such recovery. In the event that there is an appeal as
to any award made to the CLIENT other than for the fees already indicated, the
ATTORNEYS shall be entitled to receive an additional 5% of any recovery for
their efforts in regard to the Appeal. In the event that any such recovery is based on
any personal injury, the ATTORNEYS’ fees shall be as is indicated on Schedule
“A.” attached hereto.
What do you think???!!
I live in Michigan I looked at the list of lawyers that get it and there is no one in Michigan!! I need help I started this myself I have had no luck! Please anyone with any info, or Lawyer that can help in Michigan I am desperate!! Please I am now a single mother of three! I was laid off and there are no, I mean no jobs in Michigan. I live in a small town population about 20,000 there is aprox 10 factories and seven of them have closed. The other three continue to lay off if this tells you anything. If anyone has any helpful info please let me know something, anything my e-mail address is suydam2002@yahoo.com
Floridians,
Victory is at Hand!
Email us for a copy of a Quiet Title Complaint.
floridadefenseteam@comcast.net
Mr. Garfield, et al.
We’re very eager to help the cause!
We offer a team approach in defending your property – at extremely reasonable fees!
We not only SUPPORT Pro Se litigants and provide them the TOOLS they need to fight their foreclosure – but we give them comfort that a foreclosure attorney is always available to review their documents, provide them tactical decisions, even limited court appearances.
Keep up the Good Work!
floridadefenseteam@comcast.net
Your problem with the lender is not related to this article but you motivated me to research and sure enough they just called out earnings two weeks ago. From an analysts perspective I see issues and concerns for shareholders and that’s solely my opine on things therein. He speaks about lobbying efforts and recapturing a foothold on the onslaught.
His ratios are all wacked out due to added capital reserves and charges taken on sub prime fallout and other CDO toxicity. It’s a plain paper wrapped delivery that lacks atonement and throws out a little too much “Pollyanna” bias out at shareholders.
Again, you are going to get different feedback on your questions and thank you for generating my curiosity in this fallen behemoth is doing (look as the number and cash)
Maher Soliman
Analyst Examiner
Expert Witness
admin@borrowerhotline.com
msoliman,
Why did you post what you did about Flagstar/Flagstar Bancorp Inc./ Mark Hammond? Which, by the way, is what name(s) we had filed our court papers under 4 years ago. I don’t see what benefit this is to me. They took our home from us 4 years ago. Nov. 2004 to be exact. We even went so far as to file a lien on the property, to no avail. The judge laughed us out of court. Gave us 48 hrs. to be out or a sherriff was going to “escort” us out. I think here in the state of Michigan, the statute of limitations runs out in 7 yrs. I just wish I could find a lawyer here who could help us possibly get our home back, because I just don’t know how to fight these crooks anymore.
To Sherman (TIMF) and comments re: TRO in Federal Court case in LA . . .
I finally had my hearing today re: my request for a jury trial over a summons and complaint to vacate premises. I was not denied nor granted a jury trial but rather after hearing both parties, the judge agreed to review the facts re: my claim as to wrongful foreclosure and gave me one week to provide supporting documents to the court and to plaintiff’s attorney (PA). PA argued that district court was not the proper jursidiction for this but judge has bought me more time. I’m thinking this case in LA over unlawful foreclosure might be of some help in supporting mine?
Comments would be appreciated.
SPEAKING OF FLAGSTAR BANK . . .
By MSoliman
admin@borrowerhotline.com
I still keep coverage on leftovers to hear the oppositions side of things LOL!
Flagstar Bancorp Inc. (FBC)
Q4 2008 Earnings Call
January 30, 2009 11:00 am ET
Executives
Mark Hammond – President and Chief Executive Officer
Thomas Hammond – Chairman
HERE IS THE CHAIRMAN TALKING ABOUT HIS RECOVERY METHOD AND RECENT EVENTS IMPACTING EARNINGS.
“We anticipate our market share will continue to increase as we see significant consolidation
and competition exiting the mortgage origination business.”
———————————————————-
“Loan charge-offs, we are widening our 2009 guidance on loan charge-offs to a range of $90 million to $150 million.Charge-offs are very difficult to estimate, and are highly dependent on future property depreciation, macroeconomic conditions and potential legislative changes.”
———————————————————-
-” further analysis of our residential first mortgage portfolio by state, current loan-to-value,FICO score, and vintage year. Of the loans with an 80% LTV or higher, virtually all are covered by mortgage insurance.
. . . provides further detail on our non-agency securities portfolio and on our real estate owned portfolio.
Item 3, we had a $43.7 million other than temporary impairment related to two of our available for sale non-agency securities. Item 4, we also had $26.2 million of credit and mortgage related costs flowing through our non-interest expense. That is comprised of $16.4 million evaluation adjustment related to our real estate owned portfolio and a $9.8
million reserve for anticipated mortgage insurance losses in our reinsurance subsidiary.
—————————————————
HE CONTINUES . . . “.Our normal pull-through rates are around 75% to 78%. However, in the recent months we’ve been running significantly
lower and our pull-through rates have only been 60% to 65%. The main reason causing this is that on refinances . . .appraisals are coming in lower as property continues to depreciate and people have not been able to have the equity in
their home to allow them to refinance.
——————————————————-
Now let’s talk about our assts. Our available for saleportfolio decreased to $1.5 billion at December 31, 2008 from $1.9 billion at September 30, 2008. Our held for investment loan portfolio decreased to $9.0 billion at December 31, 2008 from $9.1 billion at September 30, 2008, as we are not originating any loans intended for our investment portfolio.
MORE ————————————————
figures . . .provide further analysis of our residential first mortgage portfolio by state, current loan-to-value,FICO score, and vintage year.
provides further detail on our non-agency securities portfolio and on our real estate owned portfolio.
———————————————————
Let’s now discuss asset quality. Page 19 identifies our key asset quality ratios. In fourth quarter we had significant reserves increasing our allowance for loan loss to $376 million at the end of the period. Our fourth quarter increase in provision was mostly to increase our allowance for loan losses as charge-offs were $24 million for the quarter.
Our asset quality by loan type, including breakout of general and specific reserves, are identified on page 20.
===========================
As you can see, the majority of the specific reserves are related to our commercial real estate portfolio. We also increased our
secondary marketing reserve for losses on repurchased loans by $12.5 million to $42.5 million at December 31, 2008.
Turning to page 21, you can see that our 30-day and 60-day delinquency rates had been relatively flat over the last six months, however, the 90-day delinquency rates still continue to rise. One contributing factor to the increase in 90-day Flagstar Bancorp Inc. Q4 2008 Earnings
Call Transcript —
admin@borrowerhotline.com
Nationwide Loan Services dba http://www.borrowerhotline.com
Tel. 310-765-7388
COMPANY BIO:
We have had quite a bit of luck and payoff for hard work…not every receivable we see qualifies under our acceptance –compliant testing parameters.
I worked as an analyst with Lehman in New York and under names like John Anderson (UCLA Graduate School of Management – named after) and famed Forbes 400 member Carl Icahn. You can read our web submissions here (we are grateful to Neil who I’ve yet to meet)
GOOGLE SEARCH (type) the following:
“Maher Soliman”+” Foreclosures”
——————————————————–
We have attorneys here and in our network. NLS™ is a premier pre-litigation case development firm with principals who served on Wall Street in the primary, secondary, and capital markets. As Expert Witness “Juri Pro” ™ Using a forensic background and test case analysis borrowed from drug manufacturers and clinical trials research we hyper focus in loan servicing, sub servicing, unlawful conveyances and securities registration using a FSB as an unlawful warehouse lending conduit.
———————————————————-
EXPERTISE:
Our Case development employs stringent analysis to evaluate the issues and irregularities with a file. Examiners conduct all the case development under legal authority who prepares the draft pleading for the attorney assigned. When we are finished (you can go on craigslist and find an attorney to appear last minute) counsel has a high degree of certainty they will really! I personally serve as an Expert Witness” in all cases.
TRACK RECORD:
We are that good at focusing on the following:
1) Filing of notices
2) Discrepancies in all filings
3) Interest calculations
4) Servicing and sub serve. abusive practices
5) 2923.5 failure to adhere
6) Lender REIT, Trustee errors and omissions
7) All lender wrongful practices
8) Trust violations under aSEC registration
9) SEC securities “D” registration and under Blue Sky
10) CDO and ABS securities SEC 10 K analysis (we can actually locate your loan. )
———————————————————-
Our effort could cost as much as $15,000 in retainer and for discovery. But we work for the attorney and only for clients that understand
Nothing good will come out of this without pressing an action against the perpetrator of the fraud the parties claiming to be the holder in due course.
Maher Soliman
NLS Examiner
secondarytradedesk@yahoo.com
Personally purchased and sold over 1 billion whole loan receivables and served on numerous high profile cases before the US Attorney general, and prosecuted by the FBI, DOJ, and SEC.
Direct and indirect involvement testifying and or efforts associated with US Government The People v. PinnFund and FTC AARP v. First Alliance.
The years 2007 and 2008 were spent on staff with Los Angele based law firm.
Tele. : 977-732-7653
Local: 925-550-1826
To Everyone who is having trouble finding a lawyer…..I live in NH and had trouble finding one who “gets it.” I now have an excellent one due to Neil and Brad’s help. Click on the link at the top of this page that says “In Trouble Right Now…Click Here!”. Click on the Download and Fill Out the Intake Form. Print the form, fill it out and then fax it to the number below or if you have a scanner email it to the email address. Attach a summary of what has been going on with your home and the bank. I did this on a Sunday and received a response from Brad in an hour. He set me up with a lawyer who I contacted on Monday. This is the best way to go if you need a lawyer who “gets it”. It worked for me! I had a court date the following Tuesday and my lawyer was right by my side. If he hadn’t been there I probably would not be in my home right now!
Hi Guys,
So far I haven’t had any luck to find an attorney in Ca to help me with my cases.
Please Help. Thanks.
P.S. Flagstar Bank are some of the biggest crooks out there.
R2 I live in Michigan. We lost our home to foreclosure in Nov. 2004. We tried to get a jusry trial for 2 years, but the courts wouldn’t allow it. We never got a jury trial.
can I challenge the show me the note… istill live in my house it ahs been foreclosed for 2 1/2 yrs. i have a motion currently pending challenging who had the standing to foreclose??? i live in NYC can I use this tatic in addition. Is quiet title done in NYC? Let me know…..
Tip of the Day: Do not assume the Judge is well versed in Foreclosure Defense Case Law. The difference between Stalling a Foreclosure & Quiet Title is Preparation. Contact us if you need a hand, never a retainer fee, serving the good people of Florida.
email at jdcclearwater@gmail.com
I have found lawyers from Florida on this site. But I would like to know if anyone out there has used any of them and could offer a recommendation? I live in the Tampa Bay area but suppose I could travel or work remote. I am three months behind on my mortgage and home equity line payment and feel I should be proactive. I have enough money, I think, but no idea how much this service might cost. Anyone with a rough range?
sorry, this keeps telling me awaiting moderation….I do not know what that means. maybe I need to give you my e-mail? cjprn@aol.com
Looking for qualified help in Mass. Need an audit and atty to help me with my quailfied written request ASAP. I have a very good case and feel this is nullifiable. I was recently taken by a modification company and I am a little gun shy now but this site is giving me hope of good people out there. Knowlege is power, help me with your knowledge. Thanks cj
Mr ny,
Email us your question – we get it – we’ve
helping Floridians defeat the banks!
I need an audit by a person/firm that gets this here in Mass. Need a qrw asap to start a claim, must be able to prove ability. There are a lot of scams here in Mass.
Good morning:
I have been looking for a lawyer that “gets it” to help with a counterclaim in Miami, FL. I have not been able to find one. If someone here is available, I would like to speak with you. Thanks
Remember challenge the lost note affidavit – In Florida its section § 673.1041 and have the Judge enter an order for them to re-establish under section § 673.1041.
We’re fighting for you!
Florida Defense Team
http://www.foreclosureinfosearch.com
For immediate release
Federal Courts Provide Foreclosure Victim A Stay from Eviction! L.A. Homeowner refuses to yield claiming Unlawful Foreclosure!
By M Soliman
Submitted by Keith Bloom
A Los Angeles Federal Court heard early arguments by plaintiff’s counsel for a temporary restraining order (TRO) in a suit filed against the lender and defendant Duetshe Bank in an unlawful detainer.
February 10, 2009 / http://www.borrowerhotline.com; Los Angeles, California – A Los Angeles Federal Court has agreed to hear the matter of a wrongful foreclosure in the case of Russell v. Deutsche Bank et al. The news is according to Maher Soliman a Juris Pro™ expert witness and case development analyst to counsel. In reviewing the matter the presiding judge agreed to the request by counsel to issue a TRO after taking the complaint and request for an injunction under consideration.
It’s noteworthy to cite how the defendant in the state UD case attacked the banks standing at the superior court level, and having lost, has now found new life in the federal courts. The federal court heard arguments for overturning the lenders recovery efforts in a foreclosure under the state’s power of sale provision. According to Soliman, “the borrowers file made no sense where audits showed errors, omissions and instances of negligent acceptance. The analysis considered the transfer of interest in the collateral questionable throughout the foreclosure. It is still unclear as to the parties standing and who the holder in due course in the foreclosure is”.
The next step is a hearing and early arguments for issuing an indefinite injunction pending the trial. Counsel for the plaintiff is J Barfield-McCarren. According to information received at press time the temporary restraining order will remain unopposed by the defendant’s in this matter.
MSoliman
http://www.foreclosureinfosearch.com
Well
just to make note, even though the summons and complaint I was served didn’t show that I had 28 days to respond in writing (if it was delivered by mail), upon some good information from an attorney friend of mine, I was told I should respond in writing prior to my court date which is next week. I’m preparing an answer to the complaint and drafting an affirmative defense and requesting a jury trial. This should delay any further eviction proceedings for up to two or three months an should I actually go through with the trial, could give me much more time to get our lives back. I understand ours was not a simple default issue, but in my particular lender’s case, they are being investigated for fraud, are the 3rd and 14th largest loan provider to Freddie and Fannie, and was bought out by Chase last September – Chase having taken $25 billion of tarp money for it. Also, no one seems to know for sure how and for whom Freddie and Fannie’s policy of allowing homeowners the option to rent their homes back even after foreclosure seems to work/apply. From the perspective of some, most or all of these lenders may be violating or in confilcit with fedeal law protecting homeowners. For some reason, no one seems to be able to interepret it. The concept of “the operation was a success but the patient died” is not acceptable to me and I will not tolerate it any more. I woud suggest that everyone that finds themselves in this situation fight as long and as hard as they can in the hope that the politicians and the lenders finally “get it”,instead of being hearded around like sheep and waiting for the axe to drop. Anyone wanting to contact me and/or support me as I go through this process can contact me via e-mail at roserice@cavtel.net
I am in desperate need of an Indiana Attorney “That Get’s It”, preferably the Northwest corner. The banks have taken one home and have foreclosed on another rental and my own home that my wife and I have lived in for over 40 Years. We filled a chapter 13 but it was dismissed because the attorney didn’t handle some paperwork properly and there are some State and Fed tax issues that need to be cleared up. I looked in your Attorney list but found no list for an Indiana Attorney. I live in Porter County in the northwest corner, about 1 hour drive to Chicago. You have a wonderful site and I have learned allot in just a couple of hours. Thank you for all of your efforts to help people in trouble,
God Bless,
Lou Popp
Tim F
I sent you an e-mail on this. Any help from anyone can contact me @ (248) 886-8876. I looked through my papers again and see that WAMU really stuck it to us. We had two first mortgages on one property and had we sold the home we’re currently living in that was also tied to the other, or if we lost it through sheriff’s sale, we might/would have possibly been able to get quiet title on the other home and own it free and clear due to bank errors. In WAMU’s infinite wisdom, they orginally scheduled both homes for sale on the same date (two different mortgages). Then I think they saw that might be a problem because you can’t foreclose/sell the same house twice, so they postponed the sale(s) and scheduled the one that might be a problem first and then several days later scheduled the other (which was tied to both homes) to avoid this issue. It’s pretty convoluted and hard to explain without writing a novel here, but I hope someone understands. I’m willing to do all the leg work on this in court to delay this until justice is done, i.e. filing a counter complaint, asking for more time to respond, or requstig a jury trial. Also, it’s my understanding that as of January 30th of this year, Fannie Mae, Freddie Mac put a freeze on evictions for one month. Anyone know anything about that? Aren’t all lenders tied to one or the other?
Need a lawyer to represent me in NH. I have a court date to enjoin foreclosure on February 10, 2009. I have proof of predatory lending but cannot represent myself in court. Please respond asap if you can defend me in NH.
Since Florida Mortgage foreclosure laws are so similar to those in AZ, can someone help me………….Unfortunately, again the foreclosure has already ocurred………………….however I am actively involved in trying to address the needs of those who have already been foreclosewd upon………………….
Kathi
Tim F,
Yes – helping Pro Se Litigants (Florida Only) is our specialty and will save you money in fighting the foreclosure.
Of course we have a group of attorneys skilled in foreclosure defense who understand foreclosure defense “tactics” – and can assist you in every step of the way. Or we can have them do it for a flat monthly fee – either way you get to live payment free – toward the goal of quiet title or settlement.
Well, after a long battle with trying to get WAMU to fess up to errors on my mortgage (cross-collateralization) and in response to my complaint to the Office of Thrift Supervision and the OCC, they have simply cranked up their efforts to take two homes away from us by serving us with a Summons and Complaint to show up in court with less than two weeks notice. To make a long story short, my latest contention is that I believe they violated Michigan foreclosure law by not publishing notice of sale date continuously once the original sale dates were postponed. I am contemplating requesting a jury trial and wonder if anyone has tried that. I would forego any further action against WAMU if they would agree to do a loan modification on at least one of the homes so we don’t lose both. But it is their policy not to do that post sale. Even after they were bailed out by Chase! I think it’s about time we took control over our own fate rather than leave it to the banks, lawyers, and politicians. I would love to get some news coverage over this if possible but haven’t decided as yet. Anyone been there, done that, or requested a jury trial or even know the law in Michigan?
To whom it may concern:
Please be very careful with this rescission ordeal. Sometimes it doesn’t work to your advantage. I have a friend that try it and it backfired on him. Once the loan is rescinded, you’re supposed to go back to the status quote ante, means, they will give you back your payments, etc. His problem is that the judge gave him 60 days for the payback. Alot has to do on how you litigate it. (argue it)
Good luck
Does anyone know if a loan can be rescinded when a lender did not follow procedure and foreclose a home?
In addition to the foreclosure the lone origination was not legal and multiple violations have been found on document including no rescission end date on the 3 day to cancel notice.
1. Borrower did not receive proper disclosure to the documents he signed.
….( The Notary public showed up at the borrower home to have loan docs signed)
….Loan broker (agent) was not present to go over in detail what the borrower was signing.
….Borrower was instructed sing on the x and initial here.
….By the Notary Public whom personally delivered documents including blank copies for borrower to keep.
….When borrower would ask questions regarding the Loan, the Notary Public would give a brief description of the document and instructed the buyer to call the broker at a later time.
2. The Borrower Loan Application was taken over the phone.
….borrower information was not filed in a truthful and honest manner, instead the broker inserted a different amount as per stated income, 3 times the amount actually stated by borrower of his actual income made.
….borrower Truth In Lending Statement, as I understand the Financed loan amount can not be over or under $100.00 the total loan amount minus closing cost and broker fees, which by the way broker fee cost borrower 16k on a 500k refinance loan amount, with an interest rate of 10.25% a two year interest only and 28 year remaining payment at a variable rate and a final balloon payment of 350k.
(On top of 20k plus borrower paid as a prepayment to his other lender, on another bad loan, a repeat of a bad loan was taken by the borrower in stressful times.)
At the time interest rates where about 6-7%.
3. The final and most obvious error the broker made was that by not disclosing the loan in person borrower documents never received a written disclosure of the final day to rescind, 3 day notice of rescission itself was left blank. Borrower received six blank copies one borrower requires for one borrower is 2 copies makes me believe that the lender never got a signed copy back and if they have one the document may have been falsified.
My other concern above all the listed above is that the lender in California where the home is located did not follow foreclosure procedures, borrower was foreclosed late October and not told about the foreclosure until a real estate agent came to his home asking to be permitted to asses the home since he was instructed to place it on the market. Borrower then called the lender in complaint that he had an attorney and there was already a request pending for a modification. Borrower was given 10 days to move out. When stated in a written notice to the lender that he had tenant the lender extended 10 more days and in a phone call was told to move out or that borrower would get locked out. Forcing borrower to remove his roommates, when borrower called his attorney about the incidents that had accrued attorney did not return calls and finally pleading for his money to be returned the blame was placed on borrower for allegedly being at fault in not responding to the lender a matter that the attorney was to be resolving.
What can this Borrower do to fight back?
Also if an attorney here preferably if recommended by Neil as someone that gets it, would consider taking on a case such as this one please email me at:
Help@EquityLoanManagement.com
Note to any Attorney interested in this case Borrower has exhausted his life saving over 60k plus savings in 401k in attempting to save his home and resources are limited but if the law allows you may name the price in settlement with the lender. As with any case it is very important that the borrower in this case receive the best representation available. This home was the original home to his parent (May they rest in peace) and was granted to the borrower by the serving parent. Borrower opted to care for his surviving parent dealing with cancer, and under much stress refinanced the home too allow for a peaceful end….
Thank you,
Bob
I need counsel for my foreclosure situation. I am able to do the leg work and work pro se as much as possible. I am from Bradenton, Florida. Also, How much are these books that you have for sale?
What would the specific reasons or benefits be to:
1st. Sent the QWR without the RESPA items.
2nd. Resend the QWR to the new acquiring bank if first QWR did not get all the demanded information.
Thank you and NEVER GIVE UP!
I am looking for an attorney in Fresno, Ca. Someone with reasonable fee’s, if possible charges on contingency. I am a realtor trying to help as many people as I can. I lost my house through foreclosure. Please call at 559-458-6246.
Thank You for this for this great website.
Armando P.
armee_04@yahoo.com
If it is 98% sure they should be paying YOU to get in on such a great deal. $9800 is not bad if you can afford the fees, but it sounds like they will go a lot higher — perhaps over $50,000. This is precisely why we are encouraging (pressuring) our lawyers to minimize the retainer and maximize the contingency. Talk to your lawyer about it. AND if he/she is so sure, maybe a reverse contingency — where you get some of the money back if it doesn’t work out. I obviously believe strongly in the legal tactics and strategies promoted on this blog site but NOTHING in litigation is 98% sure. It doesn’t exist. There are human factors and small differences in facts from case to case. I never quote higher than 80% and I ALWAYS said to prospective clients that is an estimate that could change wildly as the case progresses. Don’t ever accept someone at face value of they are giving you a or implying a guarantee of success. The “success” they are talking about is there own — collecting money from you whether you win or lose.
Is it normal to pay someone $9500 to help homeowners take lenders to court regarding foreclosure? We have someone requesting this upfront to start the process and they say, not in writing, 98% guarantee.
Because of the banks not have an original note or the GAP addendum not being made available.
hello ,I need a Lawyer theat gets it, in Cleveland ,Ohio my court date is 2/11/2009
i have all the info the lawyer will need ,exhibits
please call 216-408-9587
thanks
Need Attorney in South Carolina??
hilary: I don’t know mendaros. He might be good or might not be. Most of the people doing “audits” or loan modifications have no idea what they are doing and are basically doing whatever the “pretender lender” asks them to do. Be VERY careful of upfront fees exceeding $1500 and be very careful on how he is to be paid on the “new loan”. And be very careful that he isn’t steering you into a loan that puts you in the same problem you have now, with a delay of 3-6 months (long enough for him to get paid). Study the blog, use the forms and seek the services or advice of legal counsel licensed in your area.
I contacted edwin mendaros in pleasanton ca and got an offer to get my loan modified for a $4,000.00 fe and 2 percnt of the new loan. Is this a good deal??? I didn’t like the way the guy schmoozed me and I was talking to a lawyer in the office and he said that you (Neil) didn’t really know what you were talking about. It is looking more and more like I am going to have to go pro se.
Sead…………..
See A Need and Take Action………Change…….We Are One……………..
Kathi
Sharpe4112@cox.net
This is first time that I read anything from this site.Don’t know what to said.Like realtor and investor with some experience I am fighting lenders so far so good.Question for Neil:Is there enough evidence to sue goverment because is evident lack of regulations and if Yes who is the attorney with balls and time to do that together with me.Question for Kathi:could you contact me because I am in Arizona as well so we can share experiance.Thanks and good luck for everybody.I still think united We can achive lot.
Hi everybody! Not only am I a believer of this site, and what Neil is doing but I am going through many of the same issues most of us here are. However I have put together a group of legal professionals who get it! And we are now in the process of defending multiple homeowners. Right now we have a federal case started against New Century and Consumer Solutions REO, LLC. If there is any body that has had their loans and mortgages started with or that were taken over by these entities please email me with your name, phone number, email address I will contact you.
We are also getting ready to do the same with Indy Mac, Wamu, and Countrywide please respond. In addition we are doing settlements with other lenders, not Loan MODs. This is an epidemic and needs to be dealt with. IT works ladies and Gentleman our attorneys are well versed in federal and State litigation under these laws. We are in California and have a precedent case here in the Fed courts. We can do settlements in any state. I have fought my lender for year and a half using Neils website before putting together the defense group.
I want to hear from as many of you as I can, the more defendants we have the more leverage you will have.
B.Michael White
bwhite@icigroupinc.com
I don’t think my Lawyer gets it. I hired Mr.Dial in July 2008 he’s been collecting a $1000 per month retainer fee and the most that I’ve seen that he’s done is find out that there’s a Trustee’s Sale date set for March 3 2009 & he wants to set up an appointment to review some thing he has been working on. Are you sure it’s better to hire an attorny instead of pro se because I’d figured by now he would have filed a complaint in court by now especially seen as I’ve instructed him to along with prepare the paperwork for a quiet title action with no results. PLEASE NEIL MARIO OR BRAD WOULD ONE OF YOU BE WILLING TO GIVE MR. DIAL A CALL & GET HIM “DIALED” IN WITH THE PROPER EDUCATION TO HANDLE MY CASE. WOULD BE MUCH APPRECIATED & WOULD BE WILLING TO PROVIDE COMPENSATION EMAIL ME FOR CONTACT INFO IF INTERESTED
My friend’s mortgage was refinanced to $285,000.00 on a $35,000.00 3 yr. spousal maintenance income. Is this predatory lending? Need a good attorney in Phoenix – facing foreclosure.
Time to “Cowboy Up” Jeffrey and get in the fight, sounds like you have the right sense of justice and motivation to practice law, we need Warriors not wimps and the people of Illinois need you, just may be the Abe Lincoln of your day…..you know he was never a member of the bar….they didn’t have them back in the day…Get the lawyers workshop handbook, and get ready to have a line at your door. You will make money and feel great about doing it.
Neil,
I am a licensed Attorney in Illinois. I would really like to know if there is anyone in/near Chicago who “gets it.”
I find myself in the same situation as millions of other homeowners. I am facing the prospect of losing my home and am contemplating bankruptcy.
I would LOVE to be able to help others as this is why I entered the field of law. However, it seems that the banks and financial institutions have a stranglehold on our country.
I turn away calls every day from distressed homeowners who are left with not many choices but to pack up and leave their home. I myself am contemplating leaving the practice of law altogether unless I can find a way to be a part of the solution.
Any response is greatly appreciated.
Non-owner occupied ARM adjusted, tenants left us in a bind. Sheriff sale is on 2/9 US Bank is trustee, Chase is mtg. co and USBank is on the documents, no mention of Chase, in WI; shortened the holding period to 3 months rather than 6. I have some money coming in first of 3/09 and can do a work-out. Any info on getting this done>
Wow – I am overwhelmed by all of the troubled stories. I am in Michigan, and also face foreclosure. My husband and I split our 10 acres with its historic farmhouse, when we got weary of restoring, and built a log home. Went over budget, never sold the great farmhouse – it was on the market for over 1 year – we were wiped out financially by making both payments, and finally “let it go”. Declared bankruptcy. Can’t afford the new house with it’s 2 mortgages at 7.125% and 10+%. Aurora Loan Services doesn’t seem to0 eager to change the terms – the hardship package takes potentally 75 days to process. We had filed a hardship package prior to bk discharge, but they turned it down due to the bk. We are going to submit another one now, post-discharge. We’re behind on payments now 6 months. No sheriff sale date yet., but the stay will be lifted soon. Supposedly we’ll have 1 year from the sale date, since we’re on 7 acres.
I don’t know that anything fraudulent happened here, just down luck & bad decisions and businesses that really don’t care. I’ve been thinking that we don’t have options beyond seeing what Aurora will offer, but this forum makes me think that maybe we do.
Does anyone think we stand a chance to get a rewrite for < 5% if we were to get active here? This would be the only way we could afford our payments.
Thank you so much for this forum. Good luck to each and every one of us..
I went to a Lawyer for help on a Forclosure. He gave my wife and I quick answers not explaing the process.
He spent a lot of time on telling us to read a book and about New Age Theology and magnets. We did get his fee ofcourse.
Hi Neil, Looking for attorney in TEXAS who know all the ins and outs.
HELP NOW!!!!
Neil do you know or Has anyone filed and been successful with an adversary proceeding or action under TILA, RESPA, FRAUD, WRONGFUL FORECLOSURE, etc. making all appropriate claims for rescission, refund of interest, points, loss of value in the property etc.
I have court 1/29/09 and need to stop them in their tracks. TRUSTEE TRYING TO DISMISS W/PREJUDICE. IS THERE A CONFLICT OF INTEREST OR WHAT.
Any options, the judge never makes the corporations prove up.
Email me with any answers: Thanks Lee
weosac@gmail.com
Any Attorney’s for South Carolina??
Mr. Garfield, et al.
We’re very eager to help the cause as well!
We offer a team approach in defending your property – at extremely reasonable fees!
We not only SUPPORT Pro Se litigants and provide them the TOOLS they need to fight their foreclosure – but we give them comfort that a foreclosure attorney is always available to review their documents, provide them tactical decisions, even limited court appearances.
Keep up the Good Work!
Hello Neil, Brad… recently we received a validation of debt from “Wamu”/JPMorgan Chase on the foreclosure loan. And no complete response to the QWR.
In the validation of debt they state the following:
As you may know, on Sept. 25, 2008, Wamu, the servicer of your loan, was closed by the Office of thrift supervision and the fdic was named receiver. Upon closure, JPMorgan Chase bank, National Association (JPMOrgan Chase) acquired certain assets of Wamu from the FDIC, including the right to service your loan. Although JPMorgan chase is now the servicer of your loan, your loan will be serviced by JPmorgan chase under the name of Wamu for now.
Because your loan was in default on Sept 25, 2008, ant the servicing of your loan was transferred to a new servicer, we are required by the federal fair debt collection practices act to send you the enclosed “debt validation notice”. Please review it carefully…..
They state to respond within 30 days of receipt. What should the response be specially when they were sent a QWR and their attorney sent us response to the QWR with a “complicated payment history copy” and a copy of the adjustable rate note (decmagic eforms copy) when the lawsuit states in section 2 that they DO NOT have the note… and we were not notified that they had “found it” … (don’t know if they have the “original” but they sent one which is a digitalized copy from these digital scanning services)
So… again, what and how should the response be on this debt validation notice
Thanks.
L. H.
P.S. What is the contact info of the crime investigations guy in sofla. Thanks
I live in Arizona……….Does this make a difference??????But there is another side to my case against Fairbanks Capital Corporation………Enforcement of the FTC vs. Fairbanks Capital Corporation Settlement Agreement. In Arizona, the statue of limitations is six years for foreclosure…………..
Thank you for your time and consideration.
I will contact Margery today.
Sincerely.
Kathi
Hi Kathi, your prayers has been answered. Please give Margery a call.
Margery E. Golant, Esq.
Golant & Golant, P.A.
BROWARD COUNTY OFFICE
1000 W. McNab Rd., Suite 150
Ft. Lauderdale, FL 33069
(954) 943-8444
fax (954) 781-8332
PALM BEACH COUNTY OFFICE
2700 N. Military Trail
Suite 355
Boca Raton, FL 33431
(561) 206-6171
Fax (561) 206-6172
margerygolant@golantlaw.com
America……..Patchwork Heritage………….We Are one……See Need And Take Action………..Catch phrases for the Obama Administration………or were these words lost on the Stimulus Packages and the Trillions of our money spent on Government Bailouts……..oh my bad…..John Thain really needed that 87,000.00 area rug; four pairs of curtains for 28,000.00, AND FABRIC FOR A ROMAN SHADE FOR 11,000.00……………wow……and I can’t even find competent legal representation…..the money from the numerous illegal and wrongful foreclosure goes into a dark hole of unacountability……….no justice…no peace………..what are the alternatives……….RHETORIC and FALSE HOPE………….why are the attorneys so afraid ?………..Is there more to the story?……….all I want, need and desire is a day in court………….does anyone really care?……….because if not……….what is the purpose??????????my knees are chapped from praying and begging attorneys to listen to my case……….they are simply not interested………..they don’t even have the common decency to reject you personally…..they just don’t call you back………
WOW………….Change seems to be the same……….God Bless America…………………
Kathi
I me with a BK attorney today (yes, on Sunday!…the must be real busy). I am in Florida. He stated I don’t really have a stake in my property since I am not on the note. I was awarded this property in my divorce, the deed is in both our names, the mortgage was signed by us, but I am not on the note/loan. This has been my homesteaded property for 3 years. The ex filed for Bk and gave up here interest in ’07. Is this true that I don’t have any rights in the matter? Thanks for any replies….
Need an Attorney in South Carolina.
Please!!
Thank You
need a referral for a lawyer in Michi8gan……Can anyone help?
Hello,
I am looking for a lawyer who can help us. We live in Michigan. Does anyone know of anybody that does this here?
I have been watching your website over the past few months, and would like to request the help of your participants/readers and professionals. Based on life circumstances, I became aware of unethical misrepresentation, fraud, non-disclosure of business affiliations by several professionals we encountered and worked with when we purchased our home in Florida. The individuals included, the Buyers Agent, “Well” known mortgage company (Broker), Nationally known New Home Builders Sales Representative, Local Real Estate Broker, Appraiser, and Title Company operating as a shell company for a large Worldwide Title Company who has since been ordered to cease and desist the operation of 28 shell companies in Florida 11/2007 and fined $5M from the Office of Insurance Regulation.
In October 2007 I began to write to several regulatory agencies within the state of Florida including, HUD Inspector General, Florida Real Estate Commission, Department of Professional & Business Regulation (DPBR), I filed a SAR with the FBI Website (I was asked to provide additional information-which I gathered and mailed), Florida Attorney Generals Office-Consumer Protection, U.S. Attorney’s Office-Middle District FL, Economic Fraud Division in Tampa, Florida Association of Realtors, Florida Office of Financial Regulation and the Office of Insurance Regulation.
In July 2008 I received two letters from two separate divisions of the DPBR stating that our complaint was found to be “legally sufficient” and that investigations were to begin against the realtor (seller) and the appraiser. Since the caseload is overwhelming the realtor to be investigated has not begun yet. With all due respect, although I have spoken with the Investigations Specialist on the phone, the backlog is huge and seems to be going nowhere for now. The complaint against the appraiser was investigated and “probable cause has been found” and a complaint from the DBPR, Division of Real Estate v. the Appraiser was filed on 11/2008. The appraiser has retained an attorney and the case is awaiting a hearing.
It wasn’t until our family was faced with the need to sell our home that we uncovered a perpetual web of deceit. It seems our home was comped against non-comparable properties and inflated approximately $140K. Therefore we had no alternative but to pull our home off the market 2/2008 as we stood to loose our entire cash down payment. It is my goal to shed light on all parties and make them accountable for their actions. Not only has this happened to our family but records show that other families in our community were also taken for their entire cash down payment. Unfortunately I do not believe they are aware of the games that were being played and I am not legally ready to approach them. I have been searching for a law group or an attorney who is willing to take on this case in a civil suit starting with the appraiser. Can you help? Time is of the essence as there are now time limitations on filings once we became aware of this mess. Please Email me at libertyallegience@live.com Your input is appreciated! Home in Pasco County/Closing in Pinellas County.
Neil……..
I am so greatful for you and all the great things that you do………..You have been a great example of what CHANGE AND HOPE is all about. You have provided a great service to those in need……..You “Saw A Need And Took Action……………..for all that is to be right….for those to continue to believe in the American Dream………HOMEOWNERSHIP……….Neil, I have been fighting this for over 4 and 1/2 years…..All I would like is on this Day of Service……..someone to look at my plight and give me a fair evaluation………and if the answer is one that is not in my favor………I will still continue to fight and advocate for those ; who need to be made aware of the facts , that it didn’t have to be this way………..they were just a pawn with no face …….I will make mortgage fraud and unlawful foreclosure something dear to me………..”See A Need and Take Action”…………
Thank you, Neil
Kathi
P.S.
They do make great Vino in Napa………………
BTW……………I’m from Marin………
I have read your website and it has helped a lot. But in New Mexico it never does any good. The judges and lenders all work hand in hand and the state attorney general, well I imagine he is also with the governor in the pay to play. We are facing a forceful eviction after demanding rescission and many other state and federal law violations and the courts have ignored them. The constatntly rule against us and see us as people who refuse to bow down to their will. By the time this is responded to we may no longer be alive as in this state they send the cops to kill you if you know to much, the truth is death. If it over for us I hope that you can take the information from this case and use it to help others. The case number is D1215-cv-200500467 it is in the New Mexico Court of Appeals right now on a vacate order appeal. They also tried committing us, criminally charging us and forcing us to endure many criminal trial which we were successful beating them and now this. There is also a federal lawsuit 06cv-937, 10th court of appeals 08-2289. Hopefully this will not be in vain and the country will see the corruption and the lenders who buy out the courts. We are both crippled and have been unable and unwilling to let them take away our rights and defy the law. The law is there for the people. There is numerous TILA. RICO, New Mexico Community Property Act violations and others. God Bless all the people who stand up to these thugs and the few lawyers who are not afraid to fight them. Hopefully if we die it will not be in vain and lost to the cover ups. People should not be afraid of their government or their courts. For a constitutional American Republic once again. Maybe if it results in our deaths the lender media will even report on it.
Best Regards,
Miguel
I’m looking for an attorney in the western Massachusetts area to litigate a case I have going to trial on March 2nd. The case is in bankruptcy and involves adversary proceedings. Thanks for any referrals you may have.
Ron
kathi. We ARE super busy right now but I will look into it. I know that many lawyers have been deluged with business from the blog. I’m saying a prayer for the new pres too
Good morning Neil and Brad,
I know that you two have been super busy preparing for your upcoming seminars and workshops in Napa Valley………What a great time in history to have these two activities take place. President-elect Barack Obama, and his presidency, the day before inauguration, MLK day, is a national call to service. He believes that We as Americans, have responsibilities to help our communitites and fellow citizens. “See a Need and Take Action”. On Januay 20, 2009, Barack Obama will be sworn in as the 44th President of the United States of America, and all I can pray for is hope and change…………With all of that said and done, I have contacted Mr. Houchins, with no results, not even a return call back after I faxed over the appropriate information regarding my case; Mr Gregory Williams, who is listed on your list………has never returned my phone calls since he returned from his holiday break; David McGlothlin……..explained the situation to his associate and again no response…………I have not at all moved forward in this situation. Brad had e-mailed me regarding forming a group of those homeowners who were wrongfully foreclosed upon, due to the lack of the enforcement of the FTC Consent Order……….All I know is that there is not one attorney in the state of Arizona………..who will take on my cause and accept some responsibility to help community and fellow citizens,,,,,,,,,,,”SEE A NEED AND TAKE ACTION”………..WE NEED HELP TO OBTAIN THE JUSTICE THAT IS DUE US AS AMERICANS AND CITIZENS OF THE UNITED STATES OF AMERICA……….
Thanks again,
Kathi
Does anyone know an attorney in Chicago that can help using the info. on this great site? I have 2 foreclosures from WAMU. please reply to: consignments87@aol.com
Listen to one of the podcasts today for an answer to this. JP Morgan Chase can SAY they verified something, but the person writing the letter doesn’t know anything about the transactions and was simply given instructions as to how to respond to you. Two classes of people are MIA, which your opposing counsel cannot overcome (a) anyone with personal knowledge who could actually be a competent witness and give competent, relevant testimony as foundation for introduction of documents or anything else because they were fired long ago in the first “downsize” when the stuff hit the fan and (b) the investors who put up the money to fund your loan. Don’t get sidetracked. The only relevant people in this deal is the person(s) who put the money up for the loan and the person who signed the note. EVERYONE ELSE IS A MIDDLE MAN WHO HAS NO SKIN IN THE GAME, HAS NOTHING TO LOSE EVEN IF THEY LOSE, AND HAS NO EVIDENCE OF WHETHER A DEFAULT ACTUALLY EXISTS BECAUSE THEY DON’T KNOW WHO ACTUALLY OWNS YOUR NOTE AND WHETHER IT IS PAID THROUGH INSURANCE OR FEDERAL BAILOUT OR COLLATERALIZATION. DON’T LET UP ON THEM AND DON’T BUY INTO THE ARGUMENT THAT THE NOTE IS NOT PAID JUST BECAUSE YOU DIDN’T PAY IT. THERE ARE ABOUT A DOZEN OTHER PEOPLE WHO DID PAY YOUR NOTE IN FULL ALONG WITH EXTRA FEES AS HUSH MONEY.
Looking for attorney in St.Pete/Clearwater/Tampa area. I Have a Sr.attorn.from Dept.of BusinessProfessional Regulation State of Fl.who had filed charges against Appraiser of our home.Waiting now for trail to begin,but can’t recover funds thru the state.Have to file civil against appr.,mort.co.,title co.,realtor,etc.Any help with attorn.would be appreciated.
Hello Neil, everybody, and better 2009.
I sent the QWR for a 2004 loan in Florida back in November to the bank, their attorney, SEC, FTC, and to where the payments were supposed to be sent to the bank in California, that location apparently was closed and it was returned.
Both the SEC and the FTC replied stating that there is nothing that they can do since “it is not what they do” and cannot “enforce”.
The bank did send a letter stating that the“loan status had changed” this would make anyone very happy about since now they wanted to negotiate and they were against the wall….so we thought.
There was no proper service because of being out of the country and also in the initial lawsuit filing stated that the lender did NOT have the note and then later on that it was “found” (copy atleast) which apparently the judge permitted to be attached.
Recently the bank’s attorney sent a response stating that JPMorgan Chase “verified” the following info about the loan with Wamu: Original mortgagee/creditors, date note/mortgage excecuted, recorded in, unpaid balance. They included the loan payment history, payoff figures, reinstatement figures, copy of the note, and mortgage.
That wamu was the servicing agent since inception of loan and that as of date of default the loan was not sold, transferred and/or assigned and remained with wamu.
This is an interesting case because their claims specially with the attorney are either false or showing up after the erroneous filing of the case. The bank was apparently trying to hide something with two different loan modifications the last one mandating to waive one’s rights to defend/sue and a 5 year balloon with incredibly low monthly payments for that 5 year period. Now they will be resetting the sale of the property. Please assist in understanding this to getting this stopped as soon as possible since apparently the process was followed. Thank you
(any FL attorneys welcome to have your input in this)
I have learned volumes from this site and from many people contacting me with their stories from all over the country through a foreclosure blog I manage that became an enormous wake up call me with regards to the many inequities in the “mortgage meltdown” crisis.
I am not an attorney and make no claim to be a legal authority. However, the amount of law books, arguments, court filings, complaints, rulings, reviews of TILA docs, title chains, assignments, etc. I have devoured even shocks me when I look back on it. Sort of an addiction and these people are sort of my AA meeting.
Anyway, I do not understand my apprehension with regards pursuing the right person to help me out of my own personal meltdown crisis, except to say I am in no position for being placated by a professional I put my trust in only to find out that my precious time has been wasted by lack of due process.
I also don’t want to sit here wasting my own time with this ongoing fear. I must take action. You all have been very inspirational for me and the reason that I still have a roof over my head today.
I want to share my circumstances but do not want someone who can do what I can or already have. Is that a tall order or a feasible one? Let’s give it a whirl. HELP!!
Diane
diane@moveupproperties.com
(909) 981-5589
Thank you in advance…..
Does any one know of a good hones, trustworthy attorney that does understand this mortgage crisis in Contra Costa County, California.
I am in need of one ASAP!!!!!!!!!!!!!!
Delia (925) 684-9523
I recently met with Rob Napolitano of the Anti-Predatory Lending Action Network to review documents pertaining to the foreclosure pending on my home in New Jersey and discuss my situation. I also had the chance to meet with one of the attorneys involved with the group after he’d returned from a court where one of the issues involved mortgage assignment and recording, which is an issue in my case. Rob responded to my long and rather frantic message posted here in late November looking for help in NJ. He has since pointed out problems with my mortgage I think I should have seen, including TILA disclosures, and other problems I would never have picked up on myself or understood without the help of someone with knowledge of banking. I thought I could handle this myself,with just a little outside help, but I’m finding that the more I learn, the less I know. Right now I simply feel relieved to have met someone with the knowledge and commitment to help me fight the foreclosure. This website has been enormously helpful.
[...] December 24, 2008 · No Comments QUESTION: Submitted on 2008/12/23 at 8:03pm [...]
Panic is not my objective. You have enough stress. You must put stress and panic aside and think in military terms about winning. Nobody is totally screwed, because of the break in all the major chains of title — mortgage, note and obligation. So a modification with a party who didn’t have the authority to modify or settle is a SECOND fraud. On the other hand, courts tend to look askance at those who ratfiy some past document and then attack it, so you need to be prepared for battle. You want to say that at the time they AGAIN withheld the title problems, and they tricked you into signing a note to them, which you now want vacated and declared void because of the fraud — AND THE RESULTING TWO LOANS ON THE SAME PROPERTY. They came to you as the lender when they were not and now you owe two entities on record for the same loan, the same mortgage, and either the same note or two different notes. If you present THIS as a scenario where THEY created the confusion and NOW you are stuck with clouded title, you can use your Petition for Declaratory Action, Injunction and Supplemental Relief as a springbaord for including quieting title. Your argument is that you are entitled to quiet title against someone, or there will be two mortgages on your property. Then when neither one comes up with the necessary answers during discovery you get them both with the final judgment.
Thanks for the worthy comment. You must be more specific as to what you are talking about. If you raise some objection it must be on record and YOU must set a hearing date for it to be heard. Otherwise it will sit there and probably be ignored by the Judge after a long period of time. With OBJECTIONS, the other side need NOT respond at all. If you wanat to set a motion in limine to limit the ability of the foreclosing party to prevent the other side from even presenting evidence, the same procedure applies —- file the motion, state your grounds, and state with specificity the evidence you want excluded. If your reason is that you want them deemed admitted or the refusal of the otherside to answer your questions or objections, then you must state the chronology of events with exhibits. If you have posed questions (interrogatories, request to produce etc) you must file a motion to compel, set ahearing date, set forth exactly what they didn’t do, exactly what your question was, and exactly how their response fails to answer your request or question. If THEY file an objection it will most probably be a form obbjection that doesn’t apply. either way, you should file a Motion to Compel, get a hearing date etc. As with most states, the rules of procedure require that you provide the other side (all parties or their attorneys) with a full complete copy of ANYTHING you send to the clerk, the Jduge or anyone in the courthouse relevant to your case.
Your Massachusetts case depends upon Massachusetts law, with which I am not familiar. If it is anything like the state laws I DO know then there are two cometing principles at work: (1) finality — i.e., once a case is done it is done and they don’t like to re-open cases, period. (2) fraud and perjury: tricky but possible. You not only have to show that there was a fraud upon the court and that it was intentionally withheld from you and the court, but also that it would most probably have made a difference. Grey areas will be decided against you. The Motion is Generally Called Motion to Vacate Judgment for Fraud Upon This Court.
We just got a few. Send email to ngarfield@msn.com and it will be forwarded to the guy who manages our attorney relationships. Remember this is not a business – it is an educational service and we understand your impatience. But with a small core group of volunteers who earn a living “on the side”, “the impossible takes a little longer.”
Can someone please refer me to an Attorney in North Carolina familiar with Garfield Gontinnum?
Thanks!
Brad
1. FLORIDA CASE: Have a foreclosure defense in Miami. In what time MUST defendant reply with OBJECTION to the lawyers’ response or submissions, so as not to waive defenses? Cite FRCP if possible.
2. MASSACHUSETTS CASE: I’m sure my Boston loan got securitized and had TILA and other violations before sought Ch 13 BK protection back in 2002-2006, and sold my home of 20 years in 2005 to avoid foreclosure. How might I revisit that case and/or transaction, now that I have UNCOVERED NEW EVIDENCE withheld from me in the redacted documents they offered in discovery, and know what I now know from this site? Got case law how I can reopen this?
RSVP
Allan
BeMoved@AOL.com
As an update I just heard from Robert and he basically told me to cool my jets, that all is well. I wouldnt have hired Robert if I didnt feel he could do the job and I realize that there are a lot of “us” and only a few attorneys willing to take on this challenge.
So I’m torn between the realization that there are a lot of balls being juggled and the need to make sure mine doesn’t slip between the cracks. I recognize that a sole paractice attorney doesnt have the staff or time to play nursemaid I do feel that a more timely response was appropriate.
For the moment Roberts follow up has reaffirmed that he has things well in hand and i’ll leave this as “teething issues” in attempting to provide service to as many people in need as possible.
Valerie or anyone else, did you find an attorney in Dallas? I need one NOW!
Any lawyers in Maryland?
Richard, check out the lawyers_that_get_it _112208 hyperlink provided by Neil. There are 2 lawyers conversant with the Garfield Gontinuum listed for Arizona!
Go get ‘em!
Allan
BeMoved@AOL.com
I think over again
My small adventures,
My fears
Those small ones that seemed so big,
For all the vital things
I had to get and to reach.
And yet there is only one great thing,
The only thing,
To live to see the great day that dawns
And the light that fills the world.
~ Old Inuit Song quoted in the film Never Cry Wolf, from the book of the same title by Farley Mowat
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
May you triumph in courageously facing your fears and “mind-forged manacles,” and undaunted, prevail in your search for economic justice.
Be your own hero!
“Let’s roll!”
RSVP
Allan
BeMoved@AOL.com
Does anyone know of a good Foreclosure Defense attny in Arizona? I’m looking for myself. Thank you!
Thanks for your generous help, and for the well crafted Motion To Dismiss For Lack Of Standing which I look forward to customizing for my Florida case.
RSVP
Allan
BeMoved@AOL.com
I need an atty in GA-who will defend my countersuit against Countrywide-on a contingency.
CW suit me because I would not sign papers for them to reinstate my loan that they paid off in error. They want me to pay the payments while the loan was inactive.
I answered the Reformation, Declaratory Judgment, and Equitable Relief with a Counterclaim. CW responded(Dec 10) with 1st Requests for Production of Document, 1st Interrogatories, and 1st Requests for Admission.
This has been going on since Sept 08 and I need
relief
FLA LAWYER,
I’ll take a look at your paperwork contact me at
rnapolitano@aplannow.org
Has anyone hired a Florida Attorney who has helped them from this site? I will be getting my foreclosure papers any day now. I am still looking for a lawyer. I hired one 3 months ago to do a violation report and never heard back from him. I am having a hard time trusting myself to hire another.
Kathi and homesweetazhome: try David McGlothlin 602.265.3332 david@southwestlitigation.com
JERSEY GUYS DO IT AGAIN!!!
So we’ve successfully overturned a Sherriff’s Sale yesterday.
Homeowner had a New Century Loan that was securitized. Of course there was a fraudulent mortgage assignment. They argued that they were protected from our fraud claims and were protected under the holder rule.
Once the Judge actually read all of the facts he agreed that the Plantiff was NOT a Holder in Due Course and therefore our fraud claims had merit.
He order the sherriff to stop the eviction, vacated the Sherriff’s Sale, thankfully did NOT dismiss the case and is allowing us to bring our Fraud claims!
Deborah,
Please contact me. I may be of some assistance.
Thanx
R.
ilene from las vegas i am currently looking at a attorney i am not in foreclosure i am current with payment my mortgage is being investigated for mortgage draud by the district attorney. got copy of my aplication all are fraudulent. wrote letter to title co. mortgageit. gmac and indymacbank i used the RESPA law to get all information reguarding these loan they have up to 60 days to get them to sent out the letter on oct.5 certified and return receipt they have first week of dec. to get in my hand. good luck to every1 we must fight back
I contacted one attorney on your list and had a consult with another firm which is not part of your list but has been referenced quite a few times in the blogs. I have a problem with both and find them a bit predatory (sorry guys and gals) and quite frankly, am reticent to contact any others.
One charges $350 a month and the goal is to get the mortgage nullified due to discovery of fraud. If they succeed in this, they get a 40% interest in the property (new appraised value) in the form of a mortgage. Ok, that’s win-win I guess. They then go for legal fees and get a share of any fees recovered over and above their actual legal fees if successful in a counter suit against the lender.
If they instead get a workout/modification, they then get a 40% interest in YOUR savings in the form of a new mortgage with them.So now the homeowner has a modified mortgage with lender and a second mortgage with attorney, basically putting homeowner upside down, again.
Second attorney was similar but upfront fee for audit/retainer. If no fraud found, then only small portion of retainer is reatined to cover the audit. If they go forward with trying to defend/get a work out, etc./they charge by the hour AND get 33% of any savings. I assume same as attorney #1, in the form of a mortgage.
You all really see this as ethical?
Are there lawyer referrals for Phoenix, AZ area? I’d like to compile a list of referrals for clients that are facing foreclosure in this area.
I’m looking for a New Jersey attorney to help with the defense of the forclosure action pending against me. Wells Fargo Bank, N.A. as Trustee for the MLMI Series 2005-FF^filed for foreclosure on Nov. 7, 2007. At that time I was involved in the process that began in September 2007, or so I believed, of setting up the terms of a mortgage workout with Wilshire Credit Corp. , the loan servicer and the only entity I’d ever dealt with during the time I’d had the mortgage. I was diligently collecting documents, writing a hardship letter explaining why I’d fallen behind and filling out financial statements and other forms that had to be submitted to Wilshire by Nov. 20, 2007. My 2 most recent pay stubs were needed and since a letter from Wilshire advised that the workout would not be considered if the required documentation was incomplete when submitted, I couldn’t submit the information before Nov. 17, the date I would receive my second paycheck at my new job where I began work on Oct. 17, 2007. Wilshire’s letter also stated that they would have an answer regarding the workout within 2 weks of the submission.
I was never properly served with the complaint and was unaware that it had been filed when I was preparing the workout submission. However, I learned about the foreclosure prior to Nov. 20 because a copy of the summons and complaint were mailed to me on November 15. In New Jersey the NJ Court Rules permit service by US Mail only when diligent efforts to serve the defendant personally have failed. There were no efforts to serve me personally. Since I was not been legally served I decided not to answer at that time and to focus instead on the workout. I was surprised to see that Wells Fargo was the plaintiff since the last I knew the mortgage was held by First Franklin Financial Corp, the mortgage having been assigned to them on March 7, 2006 by the original mortgagor, First Franklin, A Div. of Nat. City Bank of IN. I had no idea what was meant by “as trustee for the MLMI trust series…” The complaint gives the dates the 2 First Franklin mortgages were assigned and recorded but does not provide any information regarding when the mortgage was assigned to Wells Fargo and states that it is unrecorded at that time, Nov. 5, 2007.
A little background about my default: I was involved in a very serious accident in September 2005 which resulted in my hospitalization for several weeks, months on IV antibiotics, 9 surgeries, losing my job, suffering permanent loss of use of part of my right hand, incurring almost $100,000 in medical debt when Aetna, my insurer, denied many of my surgeon’s, and other healthcare providers’ claims, receiving no compensation for my injuries in connection the accident because the individual at fault was uninsured and ultimately filing for bankruptcy. Throughout this time I managed to pay my mortgage, sometimes late thus incurring late charges (I also incurred late charges when Wilshire failed to apply one of my payments to my account and I had to spend hours over the next couple months trying to straighten it out). Finally, in June 2007 I had my 9th and final surgery and was able to go back to work. By then I was completely broke, having gone through my 401K and sold furniture, books and everything else I could to raise money and pay my mortgage. I told Wilshire I expected to be working soon and, since they were well aware of the reasons I had been struggling to make timely payments, they said that once I was working they could do a mortgage workout, possibly putting any amounts overdue at the end of the term, lowering my interest rate or extending the loan term. They made no promises about the terms of the proposed workout, but Wilshire did say the process would be completed before my ARM adjusted in March 2008. Wilshire also advised me that my mortgage was presently in their bankruptcy department where they could not do a workout. It had to be transferred out of bankruptcy to another unit to begin the workout process. This, they claimed, could only be done after the bankruptcy stay was lifted and they were filing a motion to lift the stay. Wilshire asked me not to object to the motion, thus allowing the stay to be lifted and the workout to proceed. I asked if there was some other way to accomplish this, since I knew they’d add their attorney’s fees to my mortgage account, but Wilshire insisted this was the only way to go.
I hate to admit this, but I permitted the lifting of the stay and that allowed a foreclosure action to be filed against me. I felt like a complete idiot because I’m actually a lawyer myself — although a pretty overwhelmed lawyer with no background in foreclosure or bankruptcy law. I asked Wilshire why a foreclosure action was filed on Nov.6 in light of the fact that we were supposedly engaged in a mortgage workout and I was back at work in a high salaried position with a paycheck due on Nov. 2 that would let me pay more than a monthly mortgage payment. Wilshire’s response was that they never said they wouldn’t foreclosure but that the workout process could still go forward. So, I sent them the documents they requested by Nov. 20, which they wanted to receive by fax. I was assigned to work with Mr. Rudi Sias on my workout. I spent all day and evening Nov. 19 trying unsuccessfully to fax the docs to Mr. Sias. They would not go through. I spoke to Rudi Sias several times about the problem and he insisted it was the correct number but must be busy and to keep trying. On Nov. 20, the due date, the fax still would not go through. I finally called Wilshire’s general number, was on hold forever and was ultimately found someone who told me that the fax number I was using was not working and I was given another number. I then successfully faxed the packet of documents and received a confirmation. I called Mr. Sias and left him a voicemail message that i’d received confirmation that the documents went through and asked him to call me. Over the next few months I would call Wilshire daily and leave many messages for Mr. Sias, although most of the time his mailbox was full when I called. He never returned my calls and I never spoke to him again. I spent hours on hold trying to find out what was going on, but ultimately I was either transferred to Mr. Diaz’s mailbox, disconnected or told to call back later because they couldn’t access my info at that time. In January 2008 I finally spoke to a Wilshire representative who told me that they had indeed received my documents and forms and that Mr. Sias would be contacting me. I continued sporadically to call Rudi Sias without success. In March I endured another eternity on hold and several departmental transfers searching for information on the status of my loan. Finally I was told that Mr. Sias was on a leave of absence, his cases were being reassigned and that in a couple of weeks the new Wilshire representative on my case would call me. That never happened.
In the meantime I was finding that the health problems caused by my accident were having an impact on my ability to do the kind of work I’d been doing for many years prior to the accident. In May 2008 I lost my job and soon began to develop serious health problems again.
On May 13, 2008 Wells Fargo requested entry of default in the foreclosure action. Default was entered on June 2, 2008 and a Notice of Entry of Default dated June 12, 2008 was mailed postmarked June 18, 2008 and I received it on June 19, 2008. No default judgment has been entered at this time.
I must file a motion to vacate default based on plaintiff’s failure to effect proper service along with an answer and counterclaim. I understand some of this stuff, but I do need help. I’m in northwest NJ in Sussex County.
I need a name of someone in Mass ASAP. Please call me 781-878-7042
Ana I had an attorney from Connecticut contact me yesterday and he would probably be interested on your case, have you done a TILA audit yet?
jlsemidey@gmail.com
Hi Neil,
I recognize one of the name on your list and I don’t think he is an attorney.
Looking for an attorney in Conneticut…
Hey Neil and Brad,
This is Kathi out here in Phoenix, Arizona where a sista just can’t get a break. I have made numerous attempts to try and secure an attorney here in Arizona to no avail….I recently downloaded a form on “How to Draft a Complaint in Federal Court” and have started the process Pro Se. This is really not a complicated case………I was a Certified Class Member of the FTC vs. Fairbanks Capital Corporation and Certified Class Member of the Curry vs. Fairbanks Capital Corporation lawsuit
Case No. 03 12219-DPW (D.Mass.). Under this settlement agreement, Parts I through XV of the FTC Consent Order there was Injunctive Relief.
The injunctive relief provisions fall into two broad catergories. Firstly, Fairbanks is enjoined from disobeying the las; much of it clear statutory law. Secondly, to help amend for its past wrongdoing, it is enjoined from pursuing certain business practices which, absent the order, would be legally permissible.
Part X-Handling Consumer Questions and Disputes
To facilitate the handling of customers’ questions or disputes, Fairbanks must complete investigations promply usually within 6o days and not try to collect disputed amount until the disputed is resolved.
Part XII-Actions Toward Foreclosure
Fairbanks may not take any action toward foreclosure unless:
2. the consumer has not been subject to any acts or practices prohibited by this order.
3. Fairbanks has investigated the consumer’s disputes and informed the consumer of the result.
However Fairbanks started foreclosure procedures in March 2004, I filed a formal complaint with the FTC in April; Fairbanks responded in May 2004 and started their investigation in June 2004 of my formal and proper TILA violation and Right of Rescission Claim and decided that the complaint was with the original lender Fremont Investment amd Loan. They refused to speak with the mortgage broker to verify whether or not I ever receievd my loan documents at the closing and to verify whether or not there was forgery where the employees put in dayes of the 3-day right of rescission documents. They foreclosed in Septemember 2004; however they compelled me to arbitration again in October 2004 after they withdrew from arbitration in March 2004.
Arbitration was a released claim under the Settlement Agreement…….is it not apparent that the dispute was not resolved. In March 2007, the arbitrator ruled that my claim was time-barred and awarded Fairbanks 5000.00 dollars.
Violation of theFTC order…………slam dunk………..no one interested!!!!!!!!
Only in Arizona
Kathi
Attorney recommendation in Las Vegas? Next to Florida, Nevada also has the most foreclosures.
Libra99,
That is good you are still in your home but don’t get too comfortable. We have been in our home for 3 years and fighting the courts and it is a total stress mess. They will hit you again when you least expect it. I don’t suggest you sit back, I suggest you take the lead and make your next move.
Good Luck
Hi Neil,
I attended your homeowner’s seminar this week and as an avid reader of your blog and others related to the great mortgage meltdown I found something that until now I thought could only be a hypothetical: Two lenders suing a homeowner for the same mortgage. This was on the Wall Street Journal-not The National Enquirer. See http://blogs.wsj.com/law/2008/11/14/foreclosure-mess-two-different-plaintiffs-claim-to-own-same-mortgage/
My house went back to bank as of 11/07/2008. Is there anything that can be done now? They sent a real estate agent to negotiate or exit. If we get out in 2 weeks they will pay $1000 if we get out in one month they will pay $500. That is so wrong! What should I do?
can anyone help? i have a colorado home thats redemption period is ending on monday. we have filed a new lawsuit against the lender and trustee and a resttraining order to prevent the trustee from turning over the title on monday until the court can hear our newly filed suit. the law clerk has asked me if there is any case law where the judge can stop the redemption period in order to hear the companion case. does anyone know of any case law where this has been done? regards, steve please email me
DAVID OF MARYLAND PLEASE CALL US TIM AND KATHLEEN, 410-257-5283 OR email us timcotten@mris.com, we want to talk to you! Dear David, we know all about the Maryland Lawyers and Broken Court System here in Maryland! We want to organize and storm our Governors Office! We want answers to as to why our Maryland Courts are ignoring the law and ignoring their citizens as this is what is really going on here in Maryland! We only hope you have not filed for Bankruptcy Protection as, if you have, you more than likely have endued up in the infamous Bankruptcy Club here in Maryland! Run like hell and be very scared of the judges and trustees of this club as they will drain every dime they can from you, verbally insult and humiliate you and aid and assist the banks in the theft of your home! What is even worse, is our Federal Courts in Maryland; David, I implore you to spend a day reading opinions and rulings made by our not so impartial, corrupt courts who ignore justice and enable criminals! http://www.mdd.uscourts.gov/publications/opinions/QryByJudge.asp .
David it is not going to take much time for you to realize that our judiciary system in Maryland is broken with these judges almost always…..ruling in favor of the Big Business, Insurance Company, Landlord etc….It is sad our courts, lawyers and judges in Maryland have sold their citizens up stream as they care about no one other than themselves. We were shocked after reading opinion upon opinion that almost NEVER, EVER do these courts rule in favor of a Pro Se litigant and darn sure do not rule in the favor of the poor injured consumer.
Our only solution here David is to exercise our right to vote on 11/4 and VOTE OUT ALL INCUMBENTS! THAT IS CORRECT, THIS IS WHAT WE ARE DOING AS ANY INCUMBENT POLITICIAN HAS CAUSED THIS SITUATION BY SERVING ONLY…..THEIR OWN INTEREST! Had any politician been doing their job over the last 20 years, this would not be happening, bottom line! As a result of their inaction, they all must go…. AND, IF THIS DOES NOT WORK, REPEAT EVERY DARN ELECTION THERE AFTER AND THEN, WE MAY BE ABLE TO GET DOWN TO THE PEOPLES WORK, YOU AND I, OR, US!
Sadly David, we know what you are going thru here in Maryland as our judiciary system is run by a bunch of modern day gangsters as this is all they are! You are very correct about the foreclosure crises being at epidemic proportions here in Maryland but, you will not get ONE JUDGE, to rule in favor of a consumer unless you have a lawyer, and, even then, more than likely, the lawyer is working both sides of the case as this is how it is done here in Maryland, it happened to us 3, three, 3 times now, and we have proof! I have been told by a few bloggers up here that the law firm of Brown, Brown and Brown is rumored to be pretty good too.
Maryland justice system is consumed with judicial snobbery…i.e., if you cannot get a lawyer then you don’t have a case! David, one great thing about Neil’s web site is you can really evaluate this by reading the blogs here as almost all of the top 10-15 states that have the highest foreclosure numbers and rates, have issues with their judicial systems, corrupt judges making up law as they go, failing to rule WHERE JUSTICE WILL BE BEST…..SERVED! FAILING TO RULE SU SPONTRA AS THEY CAN, FAILING TO WALK IN A PRO SE LITIGANTS SHOES AND RULE ACCORDINGLY! OUR COURTS INSTEAD, MAKE A MOCKERY OF THEIR CITIZENS IN THEIR RULINGS AND ORDERS OFTEN CHASTISING THE POOR VICTIMS FOR THINKING THEY CAN GO IT ALONE OR PRO SE, but, basically our judges smack us upside the head and give us the boot from the courts! Our courts regularly issue Void Orders and trespass on the law, this is what is going now, here in Maryland….the WHY, WE HAVE THE HIGHEST RATES OF FORECLOSURE OR, ARE IN THE TOP 10-15 PERCENTS! You do not think that the other states that are high in foreclosures are practicing the law as per our laws and constitution do you? They are not!
The only way we can fight this David is to organize and storm our Capitol and DC with organized efforts! We are paying some of the highest property taxes in the US but, yet, we get nothing….for our tax dollar here in Maryland! Maryland is full of Blue Bloods and Privileged people and unless you fall in this class of people, you are getting NOTHING for your money here! Hell, they even have transferred all of our jobs OUT OF MD to DC AND VA! So we have been forced now to commute almost 3 hours a day on average just to earn a living! It really sucks here in Maryland and as soon as we get our property straightened out, we are moving to St. Thomas where we have land and can live off of the land with ease as it is 80 degrees everyday there! In our county, Calvert, they have a law on the books preventing anyone from obtaining Power by wind! This is how committed our screwed up state is to keeping us hostage and dependant of Nuclear Power electricity which, is, by the way, very, very, very, expensive!
We are so sorry to hear of you misfortunes and will help in anyway we can! We have been able to starve off eviction for over 5 years now but, we forgot to tell you, WE NEVER MISSED A PAYMENT AND WERE NEVER, EVER LATE! I WOULD HATE TO HAVE BEEN LATE IN THIS STATE AS THEY WILL BE OFF WITH YOUR HEAD AND THROW YOU TO THE WOLVES THEREAFTER! IT IS AWFUL HERE! Have none of these people ever had a life experience that has caused them a set back? Apparently not! Only two things are going to save us here in Maryland, God and Vote Out the Incumbents ALL OF THEM! GOD BLESS AND PLEASE CALL US AS WE WILL SHARE WHAT HAS WORKED FOR US AND HOPE IT MAY WORK FOR YOU! ALSO, READ NEIL’s blog as he has taught us a lot of maneuvers that have proven to be successful! God Bless us All and, especially Maryland and the TOP 15 FORECLOSURE STATES!
I just got a “Notice of Default” today. Fortunately I found your site two days ago. I would appreciate the name of a lawyer who is familiar with, and will use, your methods. I live in Orlando Florida. I will, of course, pay for these services. God bless your efforts.
Terry
I need A LAWYER IN CENTRAL OREGON DESCHUTES COUNTY any help appreciated
The forensic mortgage audit being done by U.S. Lender Audit MR services the most , and comprehensive and accurate loan audit. They are honest, obective, and very reliable. The website is http://www.uslenderaudit.com . I had a my personal home residence audited hrough several companies and when I showed the auditors that work with them, they showed me the specific miscalculations and ommissions of th comparables. Without a doubt, they had the most specific, and easy to read format, covering the areas needed, where the other companies had no clue, it seemed. Strongly recommended
Forgot to mention, we may slip through a middle class crack. My husband’s income is $55,000 (not including the approx. $5000 taken yearly for a 401K in which we’ve lost $4200 on mutual funds in the last quarter), I receive SSI for a disability. From everything I’m reading we will not qualify for free help on paper and have no cash assets to retain a lawyer.
Need a lawyer or workshop in Ocean County (South/Central) NJ.
1st Foreclosure notice received, from IndyMac Bank. I cannot afford new payments suggested on the phone, pay my just raised property taxes, put gas in my car, food on my table, put sneakers on my daughters feet so she can pass gym & high school, and put a minimum fill in my oil tank!
Got in trouble ’cause my husband broke his leg and most of my daughter’s treatment for lymes has not been covered by our insurance. Oil in the first quarter went on our credit card. The federal stimulus payment went to pay the credit card and the first month we missed the mortgage payment. We got behind.
HOPE line verified we didn’t make enough to pay the mortgage. Advised me NOT to make another payment, buy myself 11 months, let them foreclose and rent a house. “What’s important in life anyway?” Has anyone checked the rents in Ocean County lately??????
I’m angry that unpaid principle plus (+!) interest will be subject to interest and tacked on back of loan for $251,000 when property currently valued at $180,000. It’s not my fault the market tanked. Why isn’t the mortgage company really subject to investment risk (unforseen economic factors) and taking a hit in the loss with me?
Why isn’t the government readjusting the figures for income & poverty levels in light of the rise in prices for living necessities?
God, I’m angry.
Need legal help in Ocean County, NJ
or a place to park 4 cars/our home in 11 months (must like cats, dogs, and teenagers).
mactekvic@optonline.net
I have 3 cases in State and Federal Court – need some assistance in Portland Oregon contact me at : tam1012@comcast.net I have been involved “pro se” but really need an attorney to roll some heads. The judges are not even reading the paperwork. So some help and soon would be helpful.
Finance, Banking, Foreclosure, Presidential Elections, and Our
Future
We are indeed a Nation that is is a pitiful state of decline and
embarrassment.
We have kind of learnt in past years that you cannot legislate
morality!
But we have not learnt and embraced the fact that you can legislate
legal and commercial protection to the citizens.
After all, it is the citizens who are the consumers of everything in
the land.
Yes we can and must legislate legal and commercial protection to
the people.
You cannot allow the dirty tricks and backroom tactics of
unscrupulous men to hurt and paralyse our economy.
Yes, that is in essence what has happened to our Nation with this
Banking system Crash.
The Law was so filled with purposely written loop holes, that were
so big that you could drive herds of cattle through them.
The land in America is all that we have, and is all we can hand
down to our children.
It lies at the very heart of the Nation.
The laws governing the ownership of Land is at the heart of the
success or failure of any Nation.
The Foreclosure theft of properties is the point and focus of it all.
Everybody is holding their head and saying,”But our banks are so
big, how can this happen in America”
Very simple: It has happened!
The good news is:
It shall be for a short moment in time! There will not be a
Recession!
The further good news is:
The newly elected government will watch as America is restored to
the leadership position it must occupy as the most powerful Nation
on earth.
This will only start happening when the legislators in Washington
start closing all the loopholes in the law that allowed the
unscruplous men to rape the people of its land.
O Leaders of America it is time that you come to the realization that
when you put your trust in other things disaster shall follow.
It is so clearly printed on our money, In God we trust.
God is not going to allow the apple of his eye to be eaten by a
bunch of worms.
Between now, today the 16th of October and Thanksgiving there
will be a major turn of events that will dictate and set the course for
future events.
Watch and wait and you shall see and hear.
Need a lawyer ASAP Los Angeles ,Ca to challenge the “Who owns The NOTE” mY HOUSE IS GOING TO SALE IN TWO WEEKS I WISH I HAD FOUND THIS SITE SOONER THANKS
I also need an attorney in the Dallas, Texas experienced in this area that might be interested in doing a calss action since there are so many who are suffering this horrible experience. I am disabled and have very little money to work with, HELP!!!
need an attorney in western ny to file notice of motion for stay and TRO-have evidence foreclosure was illegal. Someone help us. going to be evicted on 10/20!
I would like to proceed with getting my mortage ‘forgiven’ or cancelled. The original lender was supposed to give me one loan but then I got stuck with another. I found this out by my cosistent increasses in the loan’s APR. Subsequently, I had to ‘lock in’ a loan rate of 6.85%. It’s killing me. After my bills I have nothing left. Since the ‘lock in’ the loan was bought by Wachovia.
My situation now is such, that if I lose my job, which is getting more and more likely, poof, everything will be gone and I’ll be living in the street. My house is in Washington State. If I put my house up for sale. Good luck! Houses are staying on the market for 18 months or more and then not selling and getting taken off the market. I don’t want to leave my home. Where would I go?
Any help would be greatly appreciated.
Thank you,
Kevin W.
I’m also looking for a good consumer attorney in Michigan . . .our dispute is over an overcharge of principal and interest as a result of negligence by WaMu in a cross collaterazatiion loan. We found the error after our home(s) went into foreclosure, When we brought it to their attention, it delayed the sale of the homes for some time but, finally, they stopped talking to us and said to get an attorney. Now, even after they have been bought out by Chase, they refuse to talk to us and/or work out a loan modification. The attorneys we have talked to so far say the cross collateralization issue is out of their expertise, the State Attorney General’s Office says this lender is out of their jurisdiction, and The Office of Thrift Supervision is useless.
Any thoughts or recommendations w/b greatly appreciated.
Need an attorney referral in Dallas Texas familiar with TILA and RESPA violations.
There are several of us in Arizona looking for an attorney. We have begun litigation Pro Se, only because we needed to get started and are having a difficult time finding an attorney who “gets it!”
Please let me know where we might find someone, hopefully pro bono at least until the suits are settled.
Thanks.
can you recomend a lawyer in las vegas. infomative website thank you
RON HELPED MY DEAR FRIEND LORIE AND HE DID SO WELL.HE IS SUCH A NICE MAN,LAURIE WAS SO GREATFUL TO HIM AND I WORKED WITH HIM WITH SO MUCH EASE.HE DID A GREAT JOB AND HE WANTS TO HELP WITH PASSION.I LOVE THIS MAN AS A LAWYER AND I THINK HE WILL BE VERY WELCOMED HERE.I AM SO HAPPY TO HAVE WORKED WITH HIM ON A SUCCESSFUL CASE.I THANK RON SO VERY MUCH.THANK YOU NEIL FOR DOING THIS FOR US ALL.THANK YOU FOR BEING HERE.
Need attorney in Michigan to fight foreclsoure eviction, redemption period has expired need to file now to fight the evcition, can’t find lawyer to do it!!
We cannot locate a lawyer in MD. If these are federal statutes, why should it matter if the attorney is licensed in our state? Any attorney that understands these statutes and federal law must be better than having a licensed attorney with little or no knowledge of this process – and certainly better than no representation…!
This raises some serious questions about our justice system. How can there be “due process,” if the courts are stacked against the homeowner?
Here’s the thought – Here in MD, if someone has a serious accident while driving under the influence, not only is that person charged but the liability can also be extended to the bar or liquor store where the driver came from… So, if such a liability can be extended to these owners, why can’t these lending institutions be liable for what Mr. Garfield has described here on this website?
If our loan was based upon a fraudulent appraisal (and it was), then why isn’t the lending institution “selling that product” liable the same as those liquor store owners, or gun manufacturers, etc? I apologize if my ignorance of the law is glowing. It just seems so wrong because this is such a big deal for so many families. Many good people – families – will be hurt by these schemes.
Neil, Watched the YouTube video on feedback from your seminar. I Plan on attending the Ft. Lauderdale seminar on Vetran’s Day 11-11-08. I will get the word out in my area. I am helping 3 homeowners defend and save their homes, one in Lake Worth, Palm Beach County, Florida, and one in Atlanta and one in LaGrange, GA. We have had good positive results in all 3 cases. Let everyone know that your information really works. I am trying to help anyone who needs help in both Georgia and Florida. I am excited about the package of services we are putting together to provide affordable help to those who need it. Keep up the good work. Call if you get a chance.
Ron Houchins
P.O. Box 1848
LaGrange, GA 30241
(706) 416-9996
r.houchins@yahoo.com
Any referrals for San Diego, California?
I need an experienced lawyer in Maryland. Foreclosure has not started yet. If anyone knows someone or I’d appreciate any help. Thanks
need a lawyer in vermont yesterday…thanks
my foreclosure was cancelled with prejudice last year for failure to prosecute. the default was from 1997. the loan was only for contruction for 6 month period. we fought it for years and then it went dormant for years and was cancelled with prejudice. the foreclosure was refiled the next month exactly the same. same amount same documents. everything. only difference was added compound interest on the principle amount from 1997 for 11 years. i did not understand the terms of the cancellation. i let it go to default judgement. now i am losing my home. is this right? can it be refiled exactly as it was before. and does the “with prejudice” subject the mortgage amount to statute of limitations? any advice??
Hi,
I need a CH 13 attorney that knows your stuff – got properties that need to be saved. I’m filing Pro Se but it does not look like I am doing it right. Can you help with any names? I am trying to use the Ch 13 as a way of saving my home.
Thanks & Have a Great Day!
Angela
To Foreclosure Loser,
I’m also in California [San Diego]. My house has been “bank owned” since 5/2/2008 … and over 4 months later, I’m still living in it. Please feel free to contact me if you wish.
Steve
99Libra@gmail.com
I have a client that needs a lawyer in CT, in the area close to Norwalk CT, she has a great case and is in need of assistance.
Her Audit is done, you name it she has it, inflated income, TILA issues, RESPA issues, and SECURITIZATION ISSUES.
please contact
at jlsemidey@gmail.com
i went to the laymans workshop on 9/3/08- neil and brad’s presentation was unbelievablely helpful. it was worth the 12 hr bus trip each way. both of them are so knowledgable and forthcoming. if you have the opportunity to meet with them, do so. hopefully an attorney here in las vegas will finally “get it” and understand that we are not faced with a simple foreclosure. until then we will wage our “war”. thanks for the ammo.
foreclosure loser,
call me I might be able to help you with information my lawyer gave me,that may work for you 786 274 0527
I need help. My home went through foreclosure and is now owned by the bank. I need to be out by the 15th…..any lawyers that understand this concept in Northern California?…..the lawyers I have contacted don’t seem interested or understand this concept!….any good referral would be appreciated! Thanks!
Kathi, I would like to talk with you. I will try to go to the workshop. I am in the process of foreclosure.
cesar_f_silvas@yahoo.com
Rachel, I would like to talk about your experience in trying to get authenticated records from banks and attorneys. I live in Chandler and in trouble. cesar_f_silvas@yahoo.com
” In Ohio the Judge said that he did not understand how we could claim that the Trust & Trustee were liable for the acts of the Mrtgage Broker & the Originator in their making of the predatory loan.
He wants a breif with any authorities out there about the Trusts or Trustees being liable for the problems with mortgagages under a joint venture theory or agency, rspondeant superior or similar theory
The lawyers for the bank are making the typical “we have clean hands, we just bought the loan, we didn’t know, we can’t be liable arguments”
Also looking for an attorney in Arizona. Household of 9. Auction date of September26. Have requested authenticated records both from bank and their attorney’s have have been ignored. Need an attorney to save our home. Loan on home $375,000, conventionals, house worth maybe $210,000.
Neil; we have gotten all three of our corrupt lawyers from National Assoc of Consumer Advocates web site! Also, there are other consumers who blog on your web site who have blogged about how poorly they were, as we were treated by the lawyers affiliated under this organization! Most consumers, as was our own experience, talked to about this org. indicate the lawyers affiliated with the site spent more time debating the merits of their claims that were evident on the face of the documents and, that these same affiliated lawyers spent more time making excuses for their colleagues acts of treason and fraud and dedicated much time in defending the lenders lawyers and their lawyers; we agree, this was exactly our Maryland experience and as pro se litigants by force, we had a very, very, very bad experience 3 times with their affiliated lawyers! In Maryland, we do not recommend this organization at all because we were defrauded and treated badly by their affiliated lawyers. Consumers please feel free to call me regarding this post and if you too had a similar bad experience! Tim 410-257-5283
Neil,
Outstanding web site. I might mention that as you build your list of attorneys, the National Assoc of Consumer Advocates publishes a list of consumer attorneys at:
http://members.naca.net/findanattorney.php
Regards,
http://www.foreclosure-fight.com
I have been searching everyday in michigan for news of any lawsuits re:foreclosures and there are none. Why in a state that is one of the highest percentages for foreclosures, is it the courts or the corporate lawyers?Also if mortages are recorded in the county of origin does this negate the “produce the note “theory?Also if the company that originated the loan has imploded (Accredited Home Lenders)does this matter ,and if the sheriffs sale has already taken place(May 27,08). Any referrals for attorneys in Mi. would be greatly appreciated-or any advice?!
Any referrals for the State of Arizona?????????
I am in dire need………..Also I have trying to locate the registration form for the workshop in Santa Monica??????????
Please help me……….
Kathi