Attorneys’ Network

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Lawyers That Get It – 0310

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

www.callforeclosurerescue.com

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

CLE CREDITS APPROVED BY FLORIDA BAR, CALIFORNIA BAR, OHIO SUPREME COURT and Other Jurisdictions

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What Lawyers Are Saying About Neil Garfield’s Seminars

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1,594 Responses

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  2. Would you please be so kind to provide the courts & case #’s for any wins?

  3. Rock….If you check out the rebuttal in COURT we have, you see that we have a lawsuit (which was recently ruled favorably in our favor) against a disgruntled former employee who admitted to stealing our clients and used social media to do so. PLEASE check out ALL the facts!! Our clients have not lost their homes and we have MANY favorable outcomes….The COURTS have shown this.

  4. Judge calls securitization auditors “charlatans.” Demilio v. Citizens Home Loans, Inc. (M.D. Ga., 2013)

  5. On January 14, 2014, Property Rights Law won a significant victory. We
    obtained a full dismissal of a foreclosure case. We did this
    by going on the offensive and suing the pretender bank before it was able to file a foreclose case. The pretender bank then filed its foreclosure case, but it was too late. So its case was dismissed. Now the client has no foreclosure case on his credit. In cases where foreclosure is threatened, it is a race to the courthouse.

  6. On January 14, 2014, Property Rights Law.net won a significant victory. We obtained a full dismissal of a foreclosure case. We did this
    by going on the offensive and suing the pretender bank before it was able to file a foreclosure case. The pretender bank then filed its foreclosure case, but it was too late. So its case was dismissed. Now the client has no foreclosure case on his credit. In cases where foreclosure is threatened, it is a race to the courthouse. Please do not wait…the bank is not!

  7. We have winning arguments and results in Illinois and Hawaii. Property Rights Law 312-523-2109.

    Our client, Mr. A., was sued in foreclosure court by a bank that did not own his mortgage. He tried to represent himself pro se, Mr. A.was misinformed about what was going on, so he missed a deadline. The judge defaulted him, approved the foreclosure, and issued an order of immediate possession in favor of the bank. We came into the case at the last minute before Mr. A. was evicted. We filed a 70-page brief showing why we believe that the bank had committed fraud and asking the judge to vacate the default and the order of possession and start the case over from the beginning. On March 11, 2014, the judge granted our motion. Now we will have a trial in which we can prove the fraud.

  8. party a sells home to parties b and c. party a initially has lien on home. thereafter parties b and c divorce and c has b sign deed of trust giving c a lein also. if party a has reason to take back property, will party c still have rights to deed of trust?

  9. From Consumer Rights Defenders at 818.453.3585, here M-F to help our friends and homeowners nationwide litigate against the banks.

    Weekly Tip: Remember to let the court know BOA is now a convicted felon and other banks were found civally liable for fraud and punitive damages when you sue your bank!

    Remember this huge victory from earlier this year vs. ONE WEST
    Bandits.

    UNPRECEDENTED CIVIL JURY VERDICT FINDS MAJOR U.S. BANK GUILTY OF FRAUD BANK BREACHED MORTGAGE AGREEMENT IN CASE BROUGHT BY U.S. GOVT. FRAUD INVESTIGATOR
    Jan 30, 2013 – Washington, DC: In October 2012, an historic civil jury verdict in the District of Columbia found that OneWest Bank, which also does business as IndyMac Mortgage Services, violated DC’s consumer protection law by breaching its contract and committing fraud against the plaintiff, Ross Yerger (“the customer”) – a Special Agent with the United States Secret Service. Actual damages were awarded and accompanied by punitive damages and attorney fees. This is the highest level at which any such case has been decided against a financial institution in favor of victory for the plaintiff.
    This case is also being considered by the United States Attorney’s Office for additional action and has already been considered similar in nature to the current Bank of America lawsuit filed by the U.S. Government. The case citation is Yerger v. OneWest Bank, No. 2011 CA 000706 in the Superior Court for the District of Columbia.

  10. Consumer Rights Defenders says to all homeowners including James, below:

    The only way to stop the corruption and keep your home is to sue.
    We are here to help anyone with a legitimate claim who needs some guidence. Call Steve or Sara today for free consultation at 818.453.3585.
    Rated #1 in Consumer Satisfaction and 5 stars for Outstanding Service, Nationwide.

  11. Cease and Desist Order against Citi and Wells Fargo.
    There is currently a Cease and Desist Order against Citi Mortgage. Below is the complaint that I sent to Office of Comptroller and Currency.

    There is currently a Cease and Desist Order by the Office of the Comptroller of the Currency against Mortgage Electronic Registration System. I am writing because I want something done about the Banks and MERS, because they continue to perform illegal transactions. I recently had a document that was posted to County Public Records by Citi Mortgage and MERS. It was a Deed of Trust for a transaction that was done back in 2005. Something was not right about them just now posting this document after so many years. I goggled the person that signed the document, Geraldine Ann Belinksi, Vice President. I found another Deed of Trust online that had the same person’s name on it, but this time it stated that she is the Assistant Secretary. I immediately got on the phone and called the office that was listed on the document, Citi Mortgage, 1000 Technology Drive, O’Fallon, Mo. I located the office where this individual worked and discovered that she is a mere processor. This has gotten out of hand and I am very skeptical that any of the transactions and documents that I have through Citi Mortgage are legal and binding. Why are they allowed to continue Robo Signing documents? I can be reached at 443-677-2799. Thanks James A. Smith

    I did not call MERS to verify that she worked there. I call Citi and they stated that she was a processor. This is response that I received from Citi regarding the complaint

    “Our records indicate Geraldine A. Belinski is a Certified Appointed signor for Mortgage Electroic Registration Systems Inc.”

    My question is, does MERS have employees that work in Citi facilities? I do not believe this. I called and verified that she worked there and they stated she was a processor. How can I verify that they are lying, because Im sure that OCC will believe what Citi’s response was.
    James Smith 443-677-2799.

  12. Exciting News: Consumer Rights Defenders Legal dept. announces the opening of our aggressive Appeals Department which can give homeowners a greater scope of protection against foreclosure and eviction cases.

    Call us for details and a free consultation at 818.453.3585 M-F 9 to 4. When the trial courts err, we know how to get a good outcome with powerful strategies used by only the biggest firms. We are here to help the homeowner in need. With offices in Calif, Virginia, Texas, Florida and branch offices country wide.

  13. Today’s Big NEWS FLASH 10-9-13 —Spokane, Washington from our news team at the Superior Court…..

    Consumer Rights Defenders clients scored a big win today when a judge granted their Temporary Restraining Order stopping a bank from selling the home of Tim Algaier, Debra Eddy v. CMG Mortgage, Inc, case no. 13204181-7. This is just the beginning for the downfall of the banks that think they can continue to violate state law then take homes. The preliminary injunction will be heard in about a month. We will be there to assist and report the outcome to Neil’s faithful.
    Our website is CRDefenders.com for more.

    Consumer Rights Defenders helps another homeowner to victory. You can be one of the lucky ones if you call today 818.453.3585.
    We don’t just get it…we DO it….ask for Steve, Sara or Emily.
    Americas No. 1 pro se litigation support office in America.

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  16. HERE YOU GO–BANKRUPTCY TRUSTEE’S LAW FIRM FILES LEGAL MOTIONS TO GET JUDGE TO APPROVE WHOLESALE DESTRUCTION OF MORTGAGE LOAN FILES—EVEN GOING BACK AS FAR AS 2004! THESE WOULD BE THE MORTGAGE LOAN FILES AND OTHER DOCUMENTS (SECURITIZATION RELATED, OPERATIONS) FOR…………….

    ANY ATTORNEYS WANT TO JUMP RIGHT IN TO PREVENT THIS???

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  18. I am Alan from Calif who used Consumer Rights Defenders to fight my foreclosure in pro se. I was directed to this for starters. My case is moving along nicely and I have CRD to thank for their continuing litigation assistance. I contacted them at (818)453-3585. Here is what I found out:

    I. Elements of a Cause of Action to Set Aside Trustee’s Sale
    After a nonjudicial foreclosure sale has been completed, the traditional method by which the sale is challenged is a suit in equity to set aside the trustee’s sale. (Anderson v. Heart Federal Sav. & Loan Assn. (1989) 208 Cal.App.3d 202, 209-210.) Generally, a challenge to the validity of a trustee’s sale is an attempt to have the sale set aside and to have the title restored. (Onofrio v. Rice (1997) 55 Cal.App.4th 413, 424 (Onofrio), citing 4 Miller & Starr, Cal. Real Estate (2d ed. 1989) Deeds of Trusts & Mortgages, § 9.154, pp. 507-508.) On summary judgment, a “defendant . . . has met his or her burden of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of action.” (Code Civ. Proc., § 437c, subd. (p)(2).)

    The alleged sale was back to the bank and they could not prove they owned the note when they “took it back”! Thanks to CRD, I believe the sale will be set aside and reversed.

  19. Dear Sir,

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  20. I need an attorney in MD!!! Need Help//410-652-4356

  21. 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.

  22. 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.”

  23. RALPH FIGHTS BACK

  24. 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.

  25. 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

  26. 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

  27. 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…

  28. 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.

  29. CALIFORNIA AG KAMALA HARRIS ARRESTS 3 NORTHERN CALIFORNIA ATTORNEYS FOR LOAN MOD SCAM. TODAY.

  30. Any good and experienced lawyer in Maryland please.

  31. 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 .

  32. 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 ? ?

  33. 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.

  34. 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
    ask for Sara or Steve. We have attorneys and paralegals standing by.

  35. 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:
    ___________
    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]

  36. 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.

    818.453.3585 M-F 9-4 PST, ask for Steve or Sara. Drop an email to us if you like to CR.Defenders@yahoo.com. CRD is now on Facebook and WordPress.

    Consumer Rights Defenders — Part of the Living Lies Web Network of Attorneys and litigation support.

  37. 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 .

  38. 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 ?

  39. This http://www.callforeclosurerescue.com is no good. It goes to nowhere. Please let me know how to contact help for Indiana please.

  40. 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

  41. We are now on Facebook…..go to “Consumer Rights Defenders” and post on the wall
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  42. From Consumer Rights: Here is our new Blog….which may have some glitches…any of Neil’s followers are welcome to chime in.

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  43. Consumer Rights Defenders – Attorneys and their staff are here M-F 9-4 PST, for you. Leave message or email if we are unavailable at 818.453.3585.
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  45. whoah this blog is fantastic i like studying your posts. Keep up the good paintings! You realize, a lot of people are looking around for this info, you can aid them greatly.

  46. 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!!!!

  47. Consumer Rights Defenders – Attorneys and their staff are here M-F 9-4 PST, for you. Leave message or email if we are unavailable at 818.453.3585.
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    The case below shows things are changing for the owners. No statutory compliance means no foreclosure allowed in Calif.

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  56. 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.

  57. 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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  61. 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.

  62. 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.

  63. i have read several references on yahoo and also suffered the internet
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  64. Still no help in North Carolina, home of the banksters.

  65. 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.

  66. 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!

  67. 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?

  68. 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.

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  70. 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!

  71. Would like more info on “real party interest” and “standing”

  72. 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

  73. I am looking to speak with an attorney in New York State. Preferrably on Long Island.

  74. 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
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  75. 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.

  76. 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.

  77. 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.

  78. 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.

  79. 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!

  80. 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?

  81. 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…

  82. 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

  83. 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

  84. 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.

  85. 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

  86. 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!!!

  87. I think I may have found an attorney or two here in Washington State. Email me for details.
    papertrail253@live.com

  88. 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

  89. – 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!

  90. I want to help homeowners in Kansas with foreclosure defense. Please send an email to:
    lcarson@ksadvocates.com

  91. 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

  92. 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.

  93. 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

  94. 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

  95. sean patrick

    If you are in Orange County email me.

    Forensic Mortgage Audits and Foreclosure Defense
    Quiet Title
    oliver@ipa.net
    john

  96. 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.

  97. 10-37438-13l-e

    Cal BK CASE help

  98. 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

  99. 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)

  100. 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.

  101. 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.

  102. 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.

  103. 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

  104. 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!

  105. 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

  106. 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!

  107. 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

  108. 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

  109. 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.

  110. 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.
    >

  111. Yes, that’s a good site. For solos and small firm attorneys, you can also check Avvo.com.

  112. 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

  113. 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 ?

  114. 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

  115. 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.

  116. 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

  117. 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.

  118. 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.

  119. 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!

  120. 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.

  121. 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.

  122. 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!

  123. 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

  124. 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

  125. Hi Ann,

    Here’s the case that was dismissed –

    JPMorgan Chase v Pocopanni 16-2008-CA3989
    Duval Circuit Court, Florida

  126. Florida Defense Team,
    Please give me the case number of the Wamu/Chase you just mentioned for my research. Thank a millions.

  127. 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.

  128. 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.

  129. 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

  130. 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?

  131. 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.

  132. 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…

  133. 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!

  134. 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.

  135. Lisa
    Christine Garda in San Francisco
    she gets it!!

  136. Please I’m looking for an attorney that gets in San Francisco that gets it.

  137. 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.

  138. 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

  139. 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.

  140. 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.

  141. Hi Scott:

    Hit on my name, it will get you to us.

  142. Hello John and Storm,

    Thank You for your reply.

    John I have your contact info, but Storm I need yours.

    Thanks
    Scott Johnson

  143. 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

  144. Hi Scott:

    Contact us off-blog, and we’ll give you someone.

  145. 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

  146. 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.

  147. 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

  148. Need an NC attorney for Brunswick County urgently.
    Can call me anytime 704-890-5332

  149. Hello,

    Looking for a lawyer in Northern Illinois. Please contact me.

    Thank You
    Scott Johnson

  150. Hi Neil,
    I’m in Vegas. Can you please give me the name of some lawyers that get it in my area.
    Thank you

  151. Any Lawyers that get it in Denver, CO area?

  152. 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

  153. 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

  154. 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

  155. http://foreclosureblues.wordpress.com/

    ann

    give me a call contact info on blog

  156. 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

  157. 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!

  158. 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!

  159. 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!

  160. 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!

  161. 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”.

  162. 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!

  163. 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)

  164. 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!

  165. 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.

  166. 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.

  167. 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.

  168. 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..

  169. 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..

  170. 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!

  171. 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.

  172. 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

  173. 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!

  174. I need a lawyer who is willing to help in Bakersfield, CA

  175. Looking for Atty in Orange County, CA. BK experience required.

  176. 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.

  177. 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.

  178. 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

  179. 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

  180. “Cracks in the Foundation – A Transactional Study of Residential Mortgage Backed Securities”

    Yuli Wang, Harvard Law School

    Steven K. Kop, Esq.
    (310) 721-8557

  181. 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

  182. 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.

  183. Trouble in Northern Cali,

    Shoot me an email and I’ll send you a N. Cali list.

    Thanks,
    Charles Cox
    charles@bayliving.com

  184. Virginia State Sir

  185. Raja,

    What state are we talking about?

  186. 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.

  187. Trouble in Northern Calif.,

    I delt with US Loan Auditors. Major scam. Verify at Complaintsboard.com

  188. 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…

  189. 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.

  190. 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

    Appellee Brief

    Fraudclose

    Request For Judicial Notice

    & 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

  191. 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.

  192. “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.

  193. 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

  194. 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

  195. 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

  196. 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

  197. 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.

  198. I have put Chase of for one year. “Fraud” Still need an Attorney in South Carolina. Myrtle Beach

    Help!!

  199. 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

  200. 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

  201. 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.

  202. does anyone know of a lawyer in Australia that gets it?

  203. Neil,

    Looking for an attorney that “gets it” in Louisiana…

    Please drop me a note..

    James
    jpantera@forensicmortgageauditors.org

  204. 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?

  205. 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.

  206. 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???

  207. I’m in NY, you can contact me at carolankk@gmail.com

  208. 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?

  209. 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.

  210. 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….

  211. 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?

  212. 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.

  213. 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).

  214. 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 $$$$$

  215. 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!

  216. 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.

  217. Left message to speak with Congress person. Anything else? Or just give up?

  218. 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!

  219. Oh yes, I’m Santa Barbara California.

  220. 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.

  221. I need an attorney that gets it in Hudson Valley, NY….

  222. 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

  223. 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.

  224. Looking for an attorney “Who Gets It” in Idaho. Any referrals?

  225. 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

  226. 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.

  227. 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

  228. 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

  229. Information about April’s March 6 seminar can be found here – http://www.icls.org

  230. 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.

  231. Let’s help each other.
    FREE APRIL CHARNEY AND OTHER FORECLOSURE DEFENSE MANUALS

    E-mail me at ocean11@the-beach.net

  232. Does anyone know of an attorney that “Gets It” in the Central California area ?

    Thanks !

  233. Does anyone know of an attorney that “Gets It” in the Pensacola / Escambia Florida area?

  234. Are their any Lawyers that get it in Northern CA, the Sacramento, Stockton Area?

  235. floridadefenseteam and Ann,

    Thank you both very much for the responses! I will reach out to both tomorrow.

    Regards,
    Steve

  236. Any Attorneys in South West Missouri that you can recommend?

    Thanks

    James

  237. 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

  238. 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

  239. I’m in Martin County, FL – Any suggestions on lawyers in my area?

    Steve

  240. 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.

  241. But he’s Still A TROJANofcHoOuRrSsEe

  242. whoops scratch part of number 2) he attended UCLA not USC

  243. 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.

  244. 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

  245. 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

  246. 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

  247. 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

  248. 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:

  249. J. Suggs,

    The best Foreclosure attorneys in Ohip are Dan McGookie and Trey Hardy III.

    Here is Trey’s email:

  250. 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

  251. 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).

  252. Looking for lawyers in Texas (Dallas if possible) and Washington State.

    Thanks
    Greg S
    myhousefreeandclear@gmail.com
    214 810 2232

  253. 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!!!

  254. 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

  255. 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

  256. No, because the banks will just buy out the programmers.

  257. The Only Chance for ANY Fair Unbiased Judicial Society is REPLACE ALL JUDGES WITH COMPUTERS!!!! simple enough?

  258. 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.

  259. 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

  260. 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

  261. 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.

  262. Still trying to find attorneys that get it in Ohio, Michigan, and Arizona. Please call 520-940-1399 or email morgantylerleigh@yahoo.com.

  263. 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

  264. 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

  265. “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

  266. 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?

  267. 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

  268. 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

  269. 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

  270. Ohhh you guys gotta see this, “The Missing/Hidden 13th Amendment”

    http://www.apfn.org/apfn/13th.htm

  271. 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

  272. 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

  273. 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

  274. 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.

  275. 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

  276. 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

  277. : 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.

  278. : 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.

  279. ,
    : 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

  280. 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

  281. 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

  282. 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

  283. 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

  284. 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
    Flag this message
    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

  285. 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

  286. “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

  287. can you recommend a lawyer in Maryland? Zip 20705?? thanks

  288. 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

  289. 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.

  290. 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.

  291. 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!

  292. 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

  293. 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

  294. 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

  295. 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
    ————————————————————————–

    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
    —————————————————————————

    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
    ————————————————————————–

    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)
    —————————————————————————

    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

  296. 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].)
    ***
    • 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.”
    **********************
    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.
    ***
    • 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

  297. 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
    ————————————————————————-
    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/

  298. 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….

  299. 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.

  300. April Charney Strategy – Demand for Jury Trial
    ————————————————————–
    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

  301. Foreclosure Info for CA Homeowner. Check this website.

    http://timothymccandless.wordpress.com/the-stop-foreclosure-plan/

  302. http://www.auditthefed.com/

    Do it now.

    (sign up now too.)

    Steven K. Kop
    Attorney at Law

    (310) 721-8557

  303. 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……

  304. 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

  305. 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

  306. 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.

  307. 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

  308. 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

  309. 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)

  310. 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).

  311. Bankster, partnerships, & brokers are casting a holographic image of a rising economy by buying and selling purported REOs back and forth to eachother

  312. OUT OF STATE TRUST CAN’T FORECLOSE
    ————————————————————

    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

  313. 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

  314. Banksters brokers and partnerships are giving the false impression of a recovering economy by buying and selling REOs back and forth to eachother.

  315. 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

  316. 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

  317. 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

  318. 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

  319. I need referrals in Philadelphia .Pa.
    Thank You very much in advance.

  320. 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.

  321. Nil,
    I read the scrib report. Now I am confused. The report mentions Deed of Trust. Is the Mortgage note considered Deed of Trust ?

  322. 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

  323. 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.

    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.

  324. 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)

  325. 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.

  326. 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

  327. 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

  328. 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!

  329. 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.

  330. 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

  331. 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?

  332. 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?

  333. 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.

  334. 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

  335. 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.

  336. 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.

  337. MERS – Social Science Research Network paper:

    Foreclosure, Subprime Lending, and MERS

    Steven K. Kop
    Attorney at Law

    (310) 721-8557

  338. 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

  339. 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.

  340. Katy402: I am licensed in Kentucky, and I attended the seminar in Florida. Please feel free to email me at mdrimmer@hotmail.com.

  341. 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?”

  342. 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

  343. 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.

  344. 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

  345. 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.

  346. 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)

  347. I am in need of an attorney in Kentucky the “get’s it.”
    Katy402

  348. I “get” it, and would welcome the opportunity to help Massachusetts homeowners facing foreclosure.

  349. 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?

  350. 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!

  351. The powerpoint presentation is great. Thank you so much!!

  352. 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…”.

  353. 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

  354. 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!

  355. 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

  356. Foreclosure Pro Se.com
    Leading Online Resource For Foreclosure Pro Se Litigants
    Home
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    Top
    Home
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    Home
    News Articles
    Foreclosure Defenses
    Pleadings & Forms
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    The Securitizaton Process
    ProSe Litigation Strategy I
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    How To Do a SEC Search
    Debt Collectors
    Why Servicers Foreclosue
    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.

  357. 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

  358. 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.

  359. Marisol,
    Please e-mail me at ocean11@the-beach.net. I have free foreclosure defense information for you.
    Ann

  360. HSBCBrokerVictim

    My phone # 540-687-0004

  361. HSBCBrokerVictim

    Please call me I will give you the name of attorney for Maryland

  362. 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.

  363. 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.

  364. 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

  365. 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.

  366. 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

  367. 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.

  368. 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

  369. 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)?

  370. 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.

  371. 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.

  372. 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?

  373. 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

  374. 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.

  375. 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

  376. 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.

  377. 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

  378. 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.

  379. 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?

  380. 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.”

  381. 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.

  382. 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?

  383. Any referrals in the state of florida…!!!!!!!!!!!! Urgent

  384. 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

  385. 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.

  386. 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

  387. 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

  388. 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.

  389. The only things missing from that code is…

    (c)Your first born and (d)your last breath.

  390. 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.

  391. FYI

    QUALITY LOAN SERVICE CORP. = CALIFORNIA MERS

  392. 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

  393. 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.

  394. 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.

  395. 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.”

  396. 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

  397. 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.

  398. 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.

  399. Oh yeah. Lennon said it best,
    ” Happiness is a warm gun “

  400. 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.

  401. 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.

  402. 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!

  403. 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.

  404. 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

  405. 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.

  406. 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

  407. 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

  408. 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 !

  409. 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…….

  410. 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

  411. Time to demand FACTS and DATA people.

  412. 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.

  413. 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

  414. 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

  415. 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.

  416. 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

  417. 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) .

  418. 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.)

  419. Status of HR 4173 – “It aint over til its over”

    http://www.thomas.gov/cgi-bin/bdquery/z?d111:HR04173:@@@X

  420. 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

  421. 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.

  422. 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

  423. 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?

  424. 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.

  425. 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

  426. 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

  427. Julia, I’m in FL and may be able to help–
    call 941377-9930

  428. 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

  429. 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

  430. 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

  431. 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

  432. “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

  433. 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?

  434. 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..

  435. 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.

  436. 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?

  437. Can anyone recommend an attorney that “Gets It” in Northern Virginia. I am facing foreclosure and need help now.

    Cindy

  438. 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

  439. 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

  440. Sorry to mention my phone is 540-687-0004

  441. Greg, Please call me so that I can refer to you to some attorney in Virginia/DC,

  442. 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.

  443. 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

  444. 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…

  445. 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

  446. “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

  447. 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

  448. @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.

  449. 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.

  450. “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

  451. 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.

  452. 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

  453. Why are there no attorneys for Michigan on the list?

  454. 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!

  455. 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

  456. I need a lawyer who gets it (lawyers) for the State of Nevada please. Can someone reffer me some? I’d appreciate it greatly!

  457. 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.

  458. 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

  459. I welcome suggestions on how to have judges arrested for subornation of perjury.

  460. Just in case there is lawyer in my area,
    Drumodad@msn.com
    Thanks in advance.

  461. 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.

  462. 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.

  463. 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.

  464. 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.

  465. 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!!!!!!!!

  466. Msoliman, contact me if you can. We are on our last legs to fight for our home. Greatly Appreciated 707-315-6415

  467. 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.

  468. 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.

  469. WELL GUYS I GUESS THIS IS GOOD BYE

  470. Good Article regarding securitization and indexing – shows how the pieces connect –

    http://www.gsccca.org/filesandforms/files/guidelines/Indexing_Securitization_Trust_Instruments.pdf

  471. 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

  472. 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

  473. 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

  474. 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?

  475. 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.

  476. 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.

  477. 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

  478. 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.

  479. 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.

  480. okay guys i got a notice to vacate by sheriffs department posted on door how can i file motion to stay execution of writ?

  481. 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.

  482. 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.

  483. MSoliman,

    I’m an IT person, and I looked up abbymortgage and I found the information shown below. It has been registered since January ’07 and it belongs to jet Stream Enterprises.

    WHOIS information for abbymortgage.com :

    [Querying whois.internic.net]
    [Redirected to whois.enom.com]
    [Querying whois.enom.com]
    [whois.enom.com]
    =-=-=-=
    Visit AboutUs.org for more information about abbymortgage.com

    Registration Service Provided By: Strata services limited
    Contact: management@strataservices.com

    Domain name: abbymortgage.com

    Registrant Contact:
    JetStreamEnterprisesLimited
    Jet Stream ()

    Fax:
    BoxW960,WoodsCenter
    StJohns, 0000
    AG

    Administrative Contact:
    JetStreamEnterprisesLimited
    Jet Stream (jetstreamltd@gmail.com)
    312263405
    Fax: –
    BoxW960,WoodsCenter
    StJohns, 0000
    AG

    Technical Contact:
    JetStreamEnterprisesLimited
    Jet Stream (jetstreamltd@gmail.com)
    312263405
    Fax: –
    BoxW960,WoodsCenter
    StJohns, 0000
    AG

    Status: Locked

    Name Servers:
    dns1.name-services.com
    dns2.name-services.com
    dns3.name-services.com
    dns4.name-services.com
    dns5.name-services.com

    Creation date: 25 Jan 2007 19:21:34
    Expiration date: 25 Jan 2010 19:21:34

    Get Noticed on the Internet! Increase visibility for this domain name by listing it at http://www.whoisbusinesslistings.com
    =-=-=-=
    The data in this whois database is provided to you for information
    purposes only, that is, to assist you in obtaining information about or
    related to a domain name registration record. We make this information
    available “as is,” and do not guarantee its accuracy. By submitting a
    whois query, you agree that you will use this data only for lawful
    purposes and that, under no circumstances will you use this data to: (1)
    enable high volume, automated, electronic processes that stress or load
    this whois database system providing you this information; or (2) allow,
    enable, or otherwise support the transmission of mass unsolicited,
    commercial advertising or solicitations via direct mail, electronic
    mail, or by telephone. The compilation, repackaging, dissemination or
    other use of this data is expressly prohibited without prior written
    consent from us.

    We reserve the right to modify these terms at any time. By submitting
    this query, you agree to abide by these terms.
    Version 6.3 4/3/2002

  484. 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.

  485. 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…..

  486. 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.

  487. 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.

  488. —————————–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.

  489. 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?

  490. 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…..

  491. 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

  492. 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

  493. Abby,

    OK. Now I got it.
    Thanks.

  494. 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.

  495. 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

  496. 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

  497. Need an atty who gets in in “Naples FL” or close by. Regarding predatory loan.

    Michael

  498. 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.

  499. Maher,

    Hope you can help him.
    I always read your
    contributions with
    great interest

  500. Deontos,
    Gift . . . . thanks for comments..and supporting him. .
    Maher

  501. 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.

  502. 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}}}