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79 Responses

Carrie, on November 22nd, 2009 at 9:35 pm Said:

Looking for a lawyer that gets it in Kansas City area or Missouri area ( that can practice in Kansas) since we live in Kansas.
Been following the webblog for some months and I hope we are getting it.
We are dealing with Chase mortgage and it has been stressful and exhausting, and we figure it is time for a good attorney to assist us if possible.
Thanks, Carrie and Jay
Meg in RI, on November 3rd, 2009 at 10:46 am Said:

Mr. Garfield,

If at all possible, could you give another defense seminar on the East Coast in the near future, please. I am willing to travel. I was planning on going to the one in Tampa but had a conflict in schedule. Please consider. Thank you.
Donna, on November 1st, 2009 at 7:12 pm Said:

Dear Mr. Garfield,

We just received a letter from Wells Fargo notifying us that it will foreclose our home.

We are victims of Wells Fargo Bank’s predatory lending practices. Here is what happened. Please help us and let us know how can we protect ourselves from forclosure?

1. We purchased a property in Reno, NV in August, 2005 for 718,000. We put 20% down payment and applied a mortgage loan 560,000 from Wells Fargo Bank. Wells Fargo Bank contracted with Rels Evaluation to appraise our property. The appraisal value came in as the purchase price 718,000.

2, In June, 2006, we found out that Wells Fargo’s original appraisal report done on our property was fraudulent, and contacted Wells Fargo Bank right away. Wells Fargo Bank promised to investigate by ordering a review appraisal and informed us that if the original appraisal was proven fraudulent, Wells Fargo Bank will help us to rescind the contract and recover our losses.

3. In July, 2006, we filled a complaint against the appraiser T.J. M with the appraiser association and the Attorney General office in Nevada.

4. In August, 2006, Wells Fargo Bank got its review appraisal report and initiated its cover up and refused to carry out its promise. And further refused to have any conversation with us and challenged us to report them to OCC or file a lawsuit. Wells Fargo did not even send us a copy of the appraisal review that it promised us. Later with the help of Senator Feinstein’s office, we found that Wells Fargo’s appraisal review was 475,000 or 235,000 less than our purchased appraised value of 718,000.

5. In August, 2006, we contacted OCC and filed a complaint. OCC promised to investigate and regulate Wells Fargo if proven Wells Fargo was conducting predatory lending practices. However after OCC obtained both of Wells Fargo’s original and review appraisals, and it informed us that based on the two Wells Fargo’s appraisals, the value difference between the original and review appraisal didn’t make any difference and should not cause any financial damage to us. Furthermore, OCC refused to send us a copy of the appraisal review and stated that it lacked authority to regulate Wells Fargo Bank, which left us with no alternative but to file a lawsuit.

6. In November 2006, we contacted Wells Fargo Bank senior management who told us that there was no value difference between its original and review appraisal. Wells Fargo Bank would not help us. If we were not satisfied with its response, we had to file a lawsuit against the bank.

7. In March 2007, after the clear indication and indifference from Wells Fargo and OCC, we had no choice but to file the lawsuit against Wells Fargo Bank, Rels Valuation and appraiser T.J. M for our financial damages caused by its fraudulent appraisal.

8. In July, 2008, Attorney General’s office suspended T.J. M’s appraiser license due to its fraudulent appraisal done on our property.

9. After we obtained Nevada Attorney General’s judgment, we forwarded it to OCC right away, this time, instead of telling us that there were no value difference between the original and review appraisal, OCC came up with a new excuse NOT to regulate Wells Fargo Bank’s predatory lending practices. OCC told us that our case was now in litigation, and that it was not be able to make any comments.

10. In March, 2009, with the overwhelming evidences, to our shocking surprise the Reno superior court judge awarded not only Wells Fargo Bank summary judgment despite of its predatory lending practices, but also awarded the summary judgment to a convicted real estate appraiser T.J. On top of it, the judge also allowed Wells Fargo Bank, Rels Valuation and convicted appraiser T.J. to seek their attorney fees against us. Who are the true victims? Where is justice? Where are the watch dogs for the security of the American general public? It’s obvious that OCC and Reno superior court judge are not exercising their duty entrusted by the American general public.

11. The house next door to ours is larger than ours and has one more bedroom, one more bath and 2,094 square feet is in contract for 330,000. Another house on our street of 2,553 square feet is also in contract for 320,000. Our home is 1,879 square feet, 3 bedroom and 2 baths.

During our four year ordeal, we have been constantly pushed away from our “regulatory agencies” claiming that there was nothing that they can do to regulate Wells Fargo Bank and Rels Evaluation. At our second settlement conference, we were told by the sitting judge that “you can talk to your senators and congressman as much as you want, I can assure you that nothing will be done for you. You are better off to accept 10,000 that Wells Fargo Bank is willling to give you and put everything behind you, move on with your life.” We were in shock. How can the sitting in judge and Wells Fargo Bank so sure about our Congress will OK its predatory lending practices.

Please help.
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 and the comments and advise of your readers.
Lisa E, on September 22nd, 2009 at 9:37 am Said:

Angela!

Gosh, your Plaintiff’s lack of response is working so well in your favor!

If you are amenable, I would be so grateful to see the paperwork you have filed in your case.

Please email me if you are willing to share them.

GOOD LUCK and please continue to keep us informed as to your case & it’s progress!

Lisa E (Pro Se, Florida)
Lisa Bep @ gmail . com (remove all spaces to email)
Angela Dennis, on September 16th, 2009 at 12:08 pm Said:

Hi Lisa, The appellete court ordered the appellee to answer my initial brief within 10 days or face sanction Fla. R. App. P. 9.410. That response date expired on 9/10/2009, and to date (9/16/09) there is no answer docketted in the appellete court! It appears that the court will now have to hand down an order, and also to sanction the bank’s attorneys.
Lisa E., on September 2nd, 2009 at 1:14 pm Said:

Angela Dennis,

Any updates on your case? I’m interested in hearing how you filed an appeal.

Lisa E (Pro Se, Florida)
Lisa Bep @ gmail . com (remove spaces to email)
Angela Dennis, on August 12th, 2009 at 1:58 pm Said:

In Florida, a judge handed down default judgement in a foreclosure case and I (pro se litigant) filed motion to dismiss void judgment and the judge denied. Then I filed a notice of appeal on March 4, 2009, and the judge recused himself on March 5th. They also cancelled the sale date. I filed appeal brief on June 26, 2009, and the appelle had 20 days to respond. To date, 3 weeks later, an answer has not been filed in the appellate court. The appellate court has not yet handed down an order. However, the bank’s attorney on July 24 filed a motion to reset the sale date in the lower court. Can the lower court allow them to reset the saledate while the appellate court case is still pending?

Thanks
angela
Robert, on August 8th, 2009 at 10:45 am Said:

Did I hear it correctly that you are updating or writing a new book? if so when will it be available.
Is it a new book or are you updating the training workbooks? I want to buy the Attorneys workbook but want to get the most recent version. Please advise asap.
SANDISUE, on July 30th, 2009 at 12:32 pm Said:

NEIL,

I AM STILL HERE FIGHTING IN MICHIGAN. AS YOU KNOW THERE ARE NONE THAT “GET IT” IN MI !! I AM NOW CONSIDERING THE STATES NEARBY BUT I FIND THAT THOSE THAT HAVE CALLED ME BACK HAVE NOT BEEN TO YOUR SEMINAR OR CONSULTED THE WEBSITE !! I AM NOW LOOKING TO CONTACT ATTNY’S IN CALIFORNIA BUT, I WANT ONE WHO HAS LEARNED FROM YOU WHERE TO LOOK FOR THE BODIES. I DO NOT WANT TO HAVE TO EDUCATE THE ATTNY. I AM NOT QUALIFIED !

YOU COULD SAVE ME TIME BY IDENTIFYING WHO IN CALI HAS ACTUALLY ATTENDED ONE OF YOU SEMINARS. THANK YOU FOR EVERYTHING.

SANDISUE
michelle, on July 26th, 2009 at 1:50 pm Said:

How much is your Forensic Audit? Where can I find your forms to get it started?
spiritual2009, on July 22nd, 2009 at 9:29 am Said:

I am so impressed with your site! I am booking it and will be forwarding to many. We are a small group helping people do pro se foreclosure process. The attorney list who get it is nice but they seem to be very busy. Anyone wanting to work with us can contact admin@charleslincoln.spiritualpatriot.com thanks for all you do!
michele, on July 14th, 2009 at 10:08 am Said:

I am plannning to attend the workshop this month, and I would like to bring my assistant. Is there a fee for her to sit in and not participate?
admin@borrowerhotline.com, on July 3rd, 2009 at 6:47 pm Said:

Dear Client’s;

In a Bank structured TRUST, for example (REIT) pay particular attention to the TRS. A Taxable REIT Subsidiary [TRS] is the management. The REIT is owned by the bank shareholders and TRS is usually owned 80% by the REIT and 20% by the management acting as the advisor.

This is a huge angle for a number of reasons including sheltering 10% retained earnings from tax liability. This also comes into play with what the TRS will call the 5% investment into the REIT’s assets. If the REIT is a bank it lends support for the argument the bank is not in fact selling the assets it originates. Its merely leveraging the assets it originates. .

Therein the Trust becomes vulnerable to receivership under FAS 140-3 and FIRREA not withstanding for other regulatory issues [SARBOX].

msoliman@borrowerhotline.com
http://www.foreclosureinfosearch.com
admin@borrowerhotline.com, on July 3rd, 2009 at 6:32 pm Said:

ABBEY -I have filed a Fraud/Tila case in the Calif. Superior Court. One of my defendants is New Century Mortgage

BANK OF AMERICA IS THE UNDERLYING CAPITAL INVESTMENT IN NEW CENTURY. WE HAVE SOME INTERESTING INFORMATION FOR YOU SHOWING BOFA PARTICIPATION….BYPASS THE BANKRUPTCY.

MSOLIMAN@BORROWERHOTLINE.COM
Kaiser, on June 25th, 2009 at 5:04 pm Said:

Can i still file QWR to ASC lender even my chapter 7 bankruptcy will be over in less than 2 months.
livinglies, on June 24th, 2009 at 8:12 am Said:

please email me at ngarfield@msn.com. I need help doing what you are suggesting
ed, on June 24th, 2009 at 6:27 am Said:

please make a link or playback number available for later listening. It is fairly easy to do and not everyone can make the call. Thank you so much
maineloanmodifications, on June 12th, 2009 at 8:04 am Said:

Is there any way to post a link for the recording of the Podcast in case we missed it?
Lynn, on June 12th, 2009 at 6:30 am Said:

I was on your conference call last night and also had my Ch. 7 BK filed just yesterday afternoon. I sent my BK attorney no fewer than three emails during this process outlining how the mortgage servicers should be listed as unsecured and we must list John Does as holders of MBSs, etc. She pretty much ignored the whole argument, and listed the mortgage servicers as secured but disputed. Regarding the John Does, she said “I don’t use this convention”. She did list on one of the schedules that I had potential causes of action against the servicers. Despite my hesitation, I deferred to her advice and allowed her to file the schedules this way. After listening to your conference call, you guys specifically stated how listing the servicers as secured is incorrect in these cases. I sent her an email last night asking to amend the schedules. She responded that she will not amend and that she suggests I find a new attorney, but of course she’s keeping our $1750 fee. She is saying that we’re attempting to use the BK process to “unseat our mortgages”.

I’m not sure what to do now. What are the possible consequences if we don’t amend the schedules to show the servicer as unsecured?

I certainly can’t afford to hire a new attorney, but I’m willing to go forward from here pro se. Any suggestions strongly appreciated…
Abby in CA, on June 11th, 2009 at 4:48 pm Said:

I have filed a Fraud/Tila case in the Calif. Superior Court. One of my defendants is New Century Mortgage, the pretender lender, however they are in Chpt 11 BKR in Delaware. They are hiding behind their Chpt 11 BKR and not really participating. Is there a way for me to compel them to answer interrogatories and produce documents? Do I go to Judge Carey who is in charge of the Chpt 11 BKR or do I go to my judge in Calif. Superior Court?
angry&not taking it, on June 10th, 2009 at 6:43 pm Said:

Neil
is there a url for the upcoming 6-11 -09 7pm edt podcast?
is phoning in @ the 712-432-1630 # the only way to listen in?
i’m feeling kinda stupid right now not finding this info anywhere on the livinglies site, so please forgive the question if the answer is totally apparent!
tia.; ]
livinglies, on June 9th, 2009 at 10:14 am Said:

Sorry to hear of your troubles. I don’t think Tim is actually licensed to represent you. You need a lawyer who can appear in Court for you. Check out our list of Lawyers Who Get It. You are on the right side of this. Keep fighting!
Donn Hart, on June 7th, 2009 at 2:20 pm Said:

Niel;

I am sure that you have tens of thousands of home owners seeking your wisdom . . . i am just one more on your list. My attorney is Tim McCandless. We lost an Unlawful Detainer on my rental house which I was renting rooms within the house and NOT the house in its entirety. We could only take out my furniture and personal belongings as the tennants moved out. Bottom line is that a warrant for my arrest was issued and I spent 12 horrific hours in county jail. The charge is Burglary and vandalism. I am 75 years old and have NEVER broken the law, not even a traffioc ticket. I had to make bail $2,500 and obtain one of the best attorneys in San Diego to represent me. That cost me another $7,500 (if we do not go to court). My savings is gone and all I have is a megar Social Security check once a month, plus what my wife brings in.

To make things worse, I was with the impression that SAXON Bank who sold the house we live in to Bank Of New York Mellen, was negotiating with me to keep us in the house by modifying the interest rate, giving me my house at market value and lowering my mortgage payments. I was advised last Friday that the bank has given insgtructions to their attorney to begin eviction proceedings. The life of my wife and I are in “Free Fall”. I don’t know what to do anymore. I have sent 4 e-mails to im McCandless and he has not answered even one of them.

It seems that my life is over, for I don’t know what to do anymore. I don’t know if you can help me. If something doesn’t turn in my favor soon, I am afraid that I will go over the deep end with all the stress.

Thank you for listening to a not too old man.

Donn Hart
619-890-6783 (cell)
Alex, on June 5th, 2009 at 2:31 am Said:

2 important cases will be heard in San Francisco Superior Court this coming Monday, June 8th, 2009 at 9:00 and 9:30 a.m. , please attend!

here are the dockets:

CUD-09-629152
Title: DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE VS. JOSE CAMPOS et al

http://webaccess.sftc.org/scripts/magic94/Mgrqispi94.dll?APPNAME=IJS&PRGNAME=ROA22&arguments=-aCUD09629152

similar case with Gateway bank CUD09629261
http://webaccess.sftc.org/scripts/magic94/Mgrqispi94.dll?APPNAME=IJS&PRGNAME=ROA22&arguments=-aCUD09629261
Delia Aguilar, on May 31st, 2009 at 10:39 am Said:

FOR ANYONE NEEDED AN ATTORNEY IN NORTHERN CALIFORNIA.

Dear Mr. Timothy McCandless:

Thank you! Thank you!, Thank you! so much for standing up to the Pittsburg Superior Court in the Contra Costa County. The homeowners you represented last Friday, were amazed and impressed on how you stood up and fearlessly faught for their rights.

This court has been ordering evictions like traffic tickets and treating homeowners as if we are the criminals.

Again, Thank You Mr. McCandless
From Contra Costa County, CA
ALLAN (with Gratitude to Neil and Brad), on May 21st, 2009 at 6:19 pm Said:

WOW!!!

That’s the word that lodged in my throat following last Monday May 18th’s Attorneys Workshop in Orlando.

Neil, ever spry and Lincolnesque (all he needed is a period top hat), looked 10 years younger, and Brad brought humor and banking know-how to the event. Why any bank would call itself Fifth of Third was itself humorous.

It was good to meet in person the alumni and other luminaries (Gator Bradshaw, Carol Asbury, F. Scott Fistel, Tim McCandless, Dawn Rapaport, et al.) that make such great contributions to the foreclosure defense movement and to these pages.

Enjoyed meeting Lawrence “Bucky” Klepetko, Jon B. Lindeman, Jr., Glenn F. Russell, Jr., Steven Bernstein, Chris Starkey, Rick Mortimer, Mo Toledo, Fernando Lopes.

As one of several Pro Se litigants attending, I got a rare chance to address the learned gathering as a “prop” and present for best practices review my late mother’s Miami foreclosure case. US Bank National Association, as Trustee for the Certificateholders of SASCO 2005 RF(Reperfoming VA and FHA Loans) 5 is the plaintiff in my case. Their Florida Default Law Group’s name came up often.

Last week I discovered why I could find NO records of SASCO 2005 RF 5 at the SEC. SASCO 2005 RF 5 is part of the Lehman Brothers bankruptcy. So, why is US Bank National Association acting as a Trustee for SASCO 2005 RF 5 suing to foreclose on a property whose note may have been (properly or improperly) assigned to now bankrupt SASCO 2005 RF 5?

RSVP
Allan
BeMoved@AOL.com
Rosetta, on May 20th, 2009 at 7:00 am Said:

Okay Mr Garfield/Mr Keiser
Now that the Seminar is over in Orlando, Florida, when
are you coming to Suffolk County, Long Island, New York??
CANDIDO, on April 8th, 2009 at 1:51 pm Said:

this message was for nei garfield to call me
CANDIDO, on April 8th, 2009 at 8:50 am Said:

can you please call me 773- 269-9233
candido83@aol.com
JLS, on March 26th, 2009 at 12:00 pm Said:

Adding Insult to Injury – Homeowners Told to Walk Away From Loan Modifications
Why Banks Are Better at Making Loans Than Modifying Them
By Mandelman – Last updated: Thursday, March 26, 2009 – Save & Share – Leave a Comment

According to just about everyone on television and in print these days, should a homeowner get the crazy idea that they might be able to avoid losing their home to foreclosure through a loan modification, the thing they should do is call their bank and, I would assume, ask for one. I say that I would assume because no one on television or in print has offered anything more detailed in the way of instruction than to say: Call your bank.

Being that I had some extra time this morning, I thought… what the heck… the guy on 20/20 said it would work so he must know, right? So, I decided to call my own bank… First Nationalized Bank.

Ring… ring… ring… Thank you for calling First Nationalized Bank. If you know the extension of the person you are calling you may enter it now. For the company directory, press 9. (Silence…)

If you are calling about a checking or savings account, press 1. For credit cards, press 2. Auto loans… 3. Other options… press 4. (I pressed 4.)

(Ring… ring… ring….) You have reached First Nationalized Bank. For questions about home mortgages press 5… for questions about… (I pressed 5.)

You have reached First Nationalized Bank. If you know the extension of the person you’re trying to reach, you may enter it now. (Silence…) To return to the main menu, press 7. To hear a duck quack, press 8. (Silence…) To speak with an operator, press 0. (I pressed 0.)

Ring… ring… ring… No one is available to take your call… But we value your business… If you’d like to leave a message press… (Click)

I figured maybe it wasn’t a good time, and decided to try back a little later. Mornings are probably busy times for banks. No reason to make any snap judgments based on just that one attempt.

Plus, I’m of a mind to give the banks a break. They’ve had a very tough year. Giving out all those bonuses is time consuming. It’s not like their direct deposits you know? And that’s to say nothing of the envelopes. Who’s going to lick all those envelopes, huh? And the TARP money? Hey, you think all those billions just store themselves? No sir, someone has to store all that money away somewhere.

Then, when you add in all the time it takes to get the sub-prime borrowers evicted and onto the streets where they belong… all that crying and sobbing… please Mr. Banker… please… we’ll pay soon… please… it gives me a headache just thinking about it. I mean, if I just picked up a bonus check for a mil… I’m sure I want to go deal with some dead beat who couldn’t even handle it when his mortgage payment doubled over a couple of months… like deal with it people… I’m booked on the 7:05 to Maui and I don’t have time for your whining… like I said… I’m quite sure it’s been hectic.

The only saving grace has been that at least the banks didn’t have to do all that, and worry about serving the needs of actual customers.

I remember Citibank laid off like… I don’t know… what was it, like two million people? And I heard that David Rosenberg, who used to be the Chief Economist at Merrill Lynch, is now working as a teller at B of A. So, there’ve been some very significant changes at most banks for sure. Heck, Citi even had to cancel the purchase of one of its Lear Jets that had been on order. See how dangerous all that populism crap is? You let that stuff get out of control and next thing you know bankers are going to start forcing executives to drive the Mercedes instead of the Bentley. It’s dangerous. It’s socialism. And it’s a slippery slope.

So… let’s give First Nationalized Bank a break on that first call and talk about something else. We’ll try them back in half an hour, how’s that?

You may remember this past year there was a study released that showed that loan modifications were re-defaulting at the rate of like 60% within the first year after being modified. It sort of came across like proof that sub-prime borrowers shouldn’t have been allowed to buy their homes in the first place, because apparently even if you modified their loans, they still couldn’t make their payments. Ah ha! I knew it! Dead beats, one and all.

I saw the study. It was actually two studies. One done by Credit Suisse and the other by the Swiss banking giant, UBS. (U… BS. I love that name.)

The total number of mortgages in both studies, as I remember it, was right around 1400. And roughly 40% – 60% of the loans defaulted in six months depending on the exact circumstances, but the point was the same either way. A lot of modified loans defaulted, or rather re-defaulted… that was the point.

I immediately wanted to figure out why that would be the case. Why, you ask? I’m not sure… it just seemed like an awfully high percentage in an awfully short period of time. I mean, even hard core dead beats make it more than six months, right? A year, maybe?

So, I dove in to the data, trying to see if there were any reoccurring themes that would lead me to that “Ah ha!” moment for which I was hoping. I tried to see if there were any patterns as far as the borrowers were concerned… but nothing popped out. I tried to see if the numbers presented a path to follow… again nothing looked indicative of anything special. I even tried to find out the average credit scores or whether there was a geographical consistency, like maybe a whole bunch of the borrowers lived in Michigan. Nope, nothing.

So, feeling a little bit lost, I called a friend of mine who used to be a big time corporate treasurer at a Fortune 100 company. He’s smart as a whip, and I wanted to see if he had any ideas. He didn’t. But he did offer to refer me to a senior executive at PIMCO, which to me sounded like the transmission place Aamco, but without the horn honking at the end. The CEO’s name is Bill Gross, and he’s a zillionaire.

PIMCO is like the world’s largest bond holder, or something like that. I never even bothered to look them up. I just called the woman my friend recommended and said hello.

My friend was right… she was double sharp and knew everything about the whole mortgage mess. When I mentioned the bond ratings agencies she immediately got hot under the collar. She almost raised her voice saying “They should be in jail.”

“Really,” I said. “How so?” And she went on to explain the intricacies of the bond market as it related to securitization and derivatives. She laughed towards the end of her rant, which woke me up and luckily she wasn’t asking a question so I was free to get back at my original topic of interest: loan modifications.

She had no idea why borrowers would default in such high numbers and so quickly. She did however express surprise that the investors had let Credit Suisse or UBS modify their loans, and she told me that PIMCO wouldn’t let one of their servicers do that.

I asked why, a little hesitantly now, and she explained…

“The banks don’t own the loans,” she explained. “Investors like PIMCO do, and why would an investor allow a servicer to cut into their profitability, just because someone wasn’t making the payments on their mortgage?” Foreclose, was her answer. I mentioned that the costs of foreclosure in this market were rather high, but she wasn’t having any of it. Foreclose, and that’s that. Well alrighty then… interesting.

Then I suggested that a cost comparison could be done using a present value calculation as compared with the costs of foreclosure and her attitude changed. “Oh, well… that would be different, I suppose,” she was clearly softening at the mere mention of a “present value calculation,” bond people are so easy. “If someone showed us a present value calculation as compared with a foreclosure costs and the data was solid, I suppose we’d have to take a look at it.” Bingo.

Maybe this would be a good time to try Downey again. What do you think? No? Okay, let’s give them a few more minutes, then we’ll call back. I’m sure we’ll get someone. Anderson Cooper said so.

I thanked my new present value oriented friend and hung up. Next I would need to find a homeowner whose loan had been modified directly by the bank as a result of their request. This wasn’t easy. Lots of refinancing, but no modifications. Finally, I found an older gentleman who said that he asked his bank about modifying his mortgage and they did.

“Perfect,” I said to him on the phone. “How’s tomorrow?”

The next day I found myself driving out to Palm Springs. It was crisp and sunny… a beautiful day and I was anxious to see how he had done it and why he had chosen to do so. I spent the entire afternoon with the old guy; we drank a couple of martinis and drove around a golf course in his private cart. It was fun and I genuinely liked him. He told me how it went, and answered all of my questions. I started to think that maybe the banks weren’t so bad after all.

As I was leaving, I stopped by a glass case by the hallway leading to the home’s main door. There was a plaque that read “Employee of the Year… Bank of America… 1965.” Uh oh. “Were you with Bank of America before you retired” I called out to him. “Yes,” he replied, “44 years,” he said with great pride. So, I guess when you called B of A for your loan modification, you knew exactly who to call, right? And they took your call because they saw it was you, right?”

“Oh absolutely,” he said. I was the Senior Vice President of Consumer Loans and Mortgages for 21 years… when I retired, there were more than 1,000 people at my party. They held it at our loan-processing center in Pasadena. Want to see some pictures?”

“Maybe next time,” I said. It was getting late… so, I said my goodbyes and got back on the road toward home, kicking myself that I hadn’t thought to ask about that before driving for two hours to interview Mr. Bank of America. Oh well… people are losing their homes to foreclosure, who am I to complain about a little extra driving.

Alright, so let’s give old First Nationalize… one more, another try….

Ring… ring… ring… Thank you for calling First Nationalized Bank. If you know the extension of the person you are calling you may enter it now. For the company directory, press 9. (Silence…)

If you are calling about a checking or savings account, press 1. For credit cards, press 2. All other callers, press 3.

I pressed 3. (Ring… ring… ring….) You have reached First Nationalized Bank. For questions about loans press 5… for questions (I pressed 5)

You have reached First Nationalized Bank. If you know the extension of the person you’re trying to reach, you may enter it now. (Silence…) To return to the main menu, press 1. (Silence…) To speak with an operator, press 0. (I pressed 0)

Ring… ring… ring… No one is available to take your call… If you’d like to leave a message press… (click)

Okay, don’t get impatient; we’ve got a lot more to cover anyway. Besides it’s getting close to lunchtime, maybe that’s the problem… they probably don’t answer as many calls around lunchtime.

So, getting back to my analysis of the disappointing loan modification data… through several interviews with borrowers and a few with bankers, I was able to ascertain what I referred to as my “7 Points of Blight” behind the high re-default percentages. It wasn’t the borrowers that caused the high numbers of re-defaults, it was the nature of the transactions. Banks simply were not handling loan modifications effectively, and none of the reasons for this should be the least bit difficult to understand.

Banks Negotiating Directly With Borrowers: 7 Points of Blight

1. Banks have a hard time getting in touch with distressed borrowers. As in: “Honey, it’s the bank.” “Tell them I’m not here.” Or mail that goes unopened. It’s just not that easy for a bank to get in touch with someone who is four months or more behind on their mortgage payments. And in many instances, by the time the bank did reach the borrower, it was often too late to stop the foreclosure process.

2. Banks and loan servicers today are anything but overstaffed, as one might imagine. They certainly haven’t upsized this past year, right? So, as an industry, they simply don’t have the additional staff sitting around trained to handle loan modifications.

3. Banks and servicers are set up to process tens or hundreds of thousands of mortgage statements and handle routine foreclosures and collections… all processes made possible by systems, more so than people. Loan modifications, however, are like a hand made car. One at a time… working with the borrower… putting the package together for submission to the lender… as a process it bears little resemblance to routine mortgage processing.

4. Perhaps most importantly, I was able to determine that the negotiation between a bank and a borrower at risk of losing their home is not a negotiation at all. It’s more like having a gun to your head. Being at risk of losing a home is nothing if not frightening. Distressed homeowners who received an offer from their bank that allowed them to stay in their homes, too often, jumped at it… and understandably so. After all, I realized, if I was going to lose my home to foreclosure, I suppose six months from now beats the heck out of next week, right?

5. Systems were lacking, as well. Banks and servicers had robust systems to handle the processing of payments, normal collections and even foreclosures, but loan modifications were another animal altogether. And few in the industry were prepared to invest in a system enhancement that would likely only be used for a couple of years. If you were a mortgage lender or loan servicer, would you invest in systems and people to handle loan modifications, when you saw that such modifications will only be a factor for a limited number of years? Exactly.

6.Investors are reticent to give banks and loan servicers the authority to write down their assets. No standardized guidelines exist, and investors need criteria upon which such decisions are to be made. Otherwise, it seems safer to foreclose.’’

7. Compensation was another issue. Banks servicing mortgages are being paid to do so, but they weren’t being paid to handle loan modifications, and investors that we spoke with all indicated that in their opinion, mortgage servicers were over paid when times were good in order to cover times that were not. In other words, the investors weren’t all that hot on the idea of paying the banks anything extra to modify loans in order to avoid foreclosure.

When I finished my analysis of why so many borrowers were re-defaulting six months after their loans were modified by their lender or mortgage servicer, I went around testing my theories with everyone who would listen. And guess what? Everyone agreed, most said something equivalent to “Duh… like, of course.”

Meanwhile, the stories about modified loans re-defaulting were showing up everywhere. In fact, it was becoming an urban legend, for a while anyway. I’d show up at a meeting, the sub-prime crisis would come up and within a minute, someone would bring up the Credit Suisse or UBS data. Most of the time the person bringing it up didn’t even know from where the stats came. All they knew was that modified loans were re-defaulting 60% of the time after just six months. And that made homeowners at fault. How could they not be… if 60% of them couldn’t even make it six months after modification, although not much of a modification, if you ask me.

I went ahead and called First Nationalized Bank again, just in case the phone had cleared up, obviously they must be having some kind of problem over there. It can’t be the norm, can it? I also stopped in at a bank to see if they could answer a few questions about President Obama’s plan to rescue the housing market.

They said they didn’t know anything. Just that the paperwork hadn’t been sent out to banks as yet. One of the guys asked me a few questions and I fielded them all. I gave them the government phone number from the Treasury Website, and I told them this:

“Whatever you do, don’t hang up… no matter how many times it rings, stay on hold… or they put you all the way back at the end of the line… so even if it takes an hour… just wait there… they’ll come…”

Then I got into my car and laughed my buttons off my shirt…

Alright, here’s the bottom-line.
James Hunter, on March 25th, 2009 at 3:14 pm Said:

In regards to the teleseminar service there should already a playback number that was given to you when you scheduled the call.
Allan K, on March 13th, 2009 at 5:08 am Said:

Hi,

how can I get your pod casts?
jason-georgia, on March 3rd, 2009 at 8:41 pm Said:

raja , please email me
freud198@hotmail.com
Dan, on March 3rd, 2009 at 6:29 pm Said:

George,

They are working on it. Your best bet would be to go to Google and search. Type in “LivingLies” in quotes and then what you are looking for.

Thanks,
Dan Edstrom
dmedstrom@hotmail.com
George, on March 3rd, 2009 at 6:26 pm Said:

There seem to be numerous groupings of viewers’ questions all over this site, I have gone back and forth trying to revisit letters which I have read and can’t locate them. Can anything be done about this since time is of the essence and efficiency saves time.
Jeff, on March 2nd, 2009 at 8:10 pm Said:

Neil,

Have you posted links to any of the podcasts

Thank You
Raja, on February 22nd, 2009 at 9:12 pm Said:

Thank you sir,Be Safe
livinglies, on February 22nd, 2009 at 4:44 pm Said:

Raja: It’s not just a matter of accounting although in individual cases, going over ledgers and showing the full story that tracks the flow of funds would be a good idea. The lethal bullet is due process. The issue is jurisdiction and standing. These are interlopers stealing property in which they have no interest.
Raja, on February 22nd, 2009 at 7:53 am Said:

Neil, please get this verified from some good CPA or accounting firms and the re frame it adding some more lethal bullets to kill these scummy and Zomby lenders for ever .

Thanks and Be Safe
Raja, on February 22nd, 2009 at 7:38 am Said:

Your name & address

To 1. Board Of Governors of Federal Reserve System
Division of Consumer & Community Affairs
20th & C Street NW
Washington DC 20551
2. Office Of Thrift Supervision
1700 G. Street ,NW Washington DC 20552
3. Federal trade Commission
Consumer Response Center
6th&PennsylvaniaAvenueNW Washington DC 20580
4. FDIC
Consumer Response Center 2345 Grand Blvd
Suit # 100 Kansas City MO 64108

Subject XYZ Bank Mortgage Loan No.xxxxxxxxx

Dear Sirs,
1. We signed the promissory note under UCC Article 3 and after securitization it comes under Article 8.XYZ failed to record a debt to us on their liability ledger.
We are writing regarding, XYZ being the alleged creditor in the amount of $ (amount on note)____________. XYZ has waived their status as a creditor when they accepted our tender of payment(note) under UCC §§3-409(a)&(b) and UCC §3-604(a). XYZ did not adjust their accounting ledger to reflect settlement and closure of the accounts receivable side of the accounting ledger. All XYZ has done is keep the ledgers separate. The receivables book has not been ledgered. That is why the collection agent says they have not given us credit and we still owe the money. We need to bring the knowledge of that forward to a data integrity board hearing. “We don’t disagree with anything that this Collection agent is saying, however, if you would go over to the corporate liability off balance sheet ledgers, you would find that there has been a set off deposited there and if you could see both sets of books, you would see there is a set off, which is a claim under civil rule 13, which we are timely invoking and we are asking you to look at both sets of books and do the offset balance and do the settlement and closure in this matter. Please Let XYZ know that, one, we did not get the note back, so they are a holder, so they are liable on it. Two, this was meant as a setoff on the corporate liability books because XYZ kept our note. XYZ should have given cash receipt for the note. The collection agent in receivables is only looking at the corporate asset ledger.

2. We have an asset that the XYZ is holding of our’s that they failed to give us credit for. Where they made their mistake, is that they are likely carrying our asset on a liability ledger of balance from their accounts receivable. What we are asking you to do, as a data integrity board is to investigate to determine which one of us has the most sustainable evidence.

3. Please go back to the XYZ accounting ledgers and ask to see the off balance sheet liabilities ledger to check out the claim. ( discovery under civil rule 11.) Please delegate some one to find out who is responsible for the accounts payable ledger and what did XYZ do with the cash receipt for his deposit. We want to see their 1099-OID, statement 95 cash flow statement and balance sheet. The note was an asset to us and a liability to the XYZ, and XYZ did not account for it. So, like the Mafia, XYZ has a second set of books that are not available to the public. They only use the public books when they make a claim against us to determine how much we know about our claims available on the other side of the accounting. Under FAS 140, we get our setoff. When we make a deposit, it is a cash receipt, cash proceed. Everything becomes a cash proceed in commercial law under Article 9. XYZ show it as cash proceed. XYZ gave us a credit to our account that is actually a cash receipt to us the customer or the borrower.

4. XYZ took the proceeds from the promissory note and pay off the warehouse lender. So the debt on the real estate is extinguished from the books. XYZ is required to file an FR 2046, Under 12 USC 248 and 347 .(required on a quarterly or weekly basis.) XYZ filed these balance sheets with the Federal Reserve Board. The balance sheet shows the assets and liabilities that they use in the accounting. The liabilities would be our promissory note. It is a liability because it is an asset to us. The balance sheet, a 2046, 2049, and 2099, have OMB numbers on them that are subject to disclosure under the privacy act, Title 5 USC 552(b)(4). XYZ has to give it to us.

5. When we have given a promissory note to XYZ, XYZ is required to give us a cash receipt. XYZ owes us that money under a recoupment or asset. They call it an offset in accounting, but in the UCC it is called a recoupment. Unless we do ask or do a defense in recoupment under UCC 3-305, and a claim under 3-306, we have a possessory and property claim against the cash proceeds under the liability side of the ledger. UCC 3-306, there cannot be a holder in due course on a promissory note after they deposit it. They do an off balance sheet entry. This means they take our note after they sell it, instead of showing it on their balance sheet, they move it over to some other entities balance sheet. This is called off balance sheet bookkeeping. They are not showing the liability side of the ledger or the accounts payable because it has been moved over to someone else’s balance sheet.

6. XYZ is not applying the correct accounting entries under GAAP. XYZ is treating the account as a trade receivable through securitization as an off balance sheet financing technique. Since XYZ has accepted the instrument that we have tendered, we have a claim or possession right in the instrument and its proceeds under 3-306 of the UCC. Any defense and any claim in recoupment under section 3-305 of the UCC, which we shall exercise at our option, if XYZ does not credit my account. The 1099-OID will identify who the principal is from, which capital and interest were taken, and who the recipient or who the payer of the funds are, and who is holding the account in escrow and unadjusted.

7. Since we are reasonably sure that we can come to a peaceful resolution of this matter, as XYZ does not understand commercial banking law, and the IASB, the FASB and GAAP principles as they apply to commercial banking. (Banks are mandated by Title 12 USC to follow GAAP and GAAS) Since we are solution oriented, and want to show good faith, there are two ways of resolving this matter. Since XYZ has already accepted our tender of payment and has not returned it, you can instruct XYZto credit our account for the sum said in full for settlement and closure. Or, instruct XYZ to return the original instrument to us, unendorsed, and we will make an alternative form of payment. Otherwise, we will consider this matter settled and closed.

Note for Mr. Neil.1.The note is not under negotiable instrument any more,it is a security.2.We are creditor on the liability side and bank/lender is debtor on the liability side 3.Bank/lender is creditor on receivable or their asset side that is receivable 4. We can use our accounts payable side as an offset or counter claim to financial asset side that is receivable.

8. Thanking you in anticipation.

Sincerely

Your Name ___________________ Dated ______________

Co Buyer’s Name_______________________ Dated ______________
Neil, please go through this and re frame it ,lenders are treating these notes under article 8 because it involves securities and not article 3 paper.under article 8 we are the holders of entitlement and possessory rights to the proceeds of the transaction because we are the originator of first hands transfer on the accounts payable side of the ledger.We are entitled to the funds.UCC 1-204 says we are considered as merchants at law.When the note is deposited by the lender it looks as if we deposited the money in the account.This is cash under Title 12 of USC.

Please send me the reply on this.
Greg, on February 20th, 2009 at 4:07 pm Said:

My original lender is no longer in business, but they are still listed as the beneficiary w/MERS as Nominee on the Notice of Sale.
Who should Q.W.R.’s be sent to … the lender, the servicer, the trustee, MERS?
Also, I’m assuming that your Q.W.R. has “the proper wording” for reconveyance?
THANKS~
livinglies, on February 20th, 2009 at 3:22 pm Said:

Jeff: We are going to post the podcasts soon on the blog site
livinglies, on February 20th, 2009 at 3:22 pm Said:

SF-Dan: Thank you
livinglies, on February 20th, 2009 at 3:17 pm Said:

Greg: Yes I would have QWR’s notarized and if you have any intermediary working for you there should be a notarized authorization form. 20 days to acknowledge receipt, 60 days to “resolve” the matter. After that it is my opinion you can file a satisfaction of mortgage or release and reconveyance if you have the proper wording in your QWR.
Greg, on February 20th, 2009 at 3:10 pm Said:

Thank you SO MUCH for making your knowledge available for everyone!

I have already sent “Notice of Objection” letters to the Trustee. Please outline specifics for sending Q.W.R. letters.

What is the time frame for sending via certified mail (within 30 days of receiving Notice of Sale)?
Who should Q.W.R.’s be sent to … the servicer, the trustee, MERS as Nominee, lender even though no longer in business, etc.?
Should Q.W.R. letters be notorized?
What should be the “standard” time frame for Lender response – I have seen anywhere from 20 to 60 days?
Is there a benefit to using your 19 page Q.W.R. template as opposed to a shorter 1-2 page letters that are available online.
What response should I expect?
What is the next step if there is no response?
Thank You,
SF_Dan, on February 20th, 2009 at 6:42 am Said:

Mr. Garfield & Staff:

Congratulations on the excellent teleconference you hosted today! Any interested party should keep an eye out for the archive when it is posted here (very soon), and listen to the content very carefully with a subdued emotional state (drink a beer, or emulate Michael Phelps …). NO ONE IN AMERICA SHOULD MISS THIS!!!!

Thank you for responding to the question that I forwarded via email in advance of the event, as directed, though I should have forwarded it earlier (hint) to facilitate your preparation.

For anyone that missed the live event, “I’d like to ask that you discuss a Quiet Title Action: its relevance to property rights; its methodology in application; its elements and standards of proof; its purpose as a procedural tool against adverse claims; its effects in the matrix of the ‘livinglies’ defense strategy.” TO OFFSET THE 45-MINUTE LONG DISTANCE CHARGE TRY A VERY AFFORDABLE SKYPE.com OFFERING @ $0.02 CENTS A MINUTE, or $2.95/month unlimited.

As you succinctly indicated, a Quiet Title Action is the cornerstone of a vested property right (mortgage principal, or equity for the few) defense/offense, and the judicial prove-up event which slaughters the FRAUDULENT adverse claims of the ‘carpetbagger’ opponent(s) — in this instance the loan servicing entity, or a hired gun, that has neither a legitimate property interest nor any lawful standing to proceed, judicially or otherwise, under the pretense of a foreclosure/unlawful detainer enforcement action. THINK NO LEGAL STANDING — NO LEGAL RIGHT TO ENFORCEMENT!

Moreover, it was great that you made the distinction that the defense to foreclosure is not about financial liability, IT IS ABOUT ‘CARPETBAGGERS’ ATTEMPTING TO FRAUDULENTLY ASSERT THEMSELVES IN THE PLACE OF ‘LAWFUL’ ABSENTEE HOLDERS OF NOTE/TITLE (mortgage-backed security investors).

Thank you! More to follow….

SF_Dan
Jeff, on February 20th, 2009 at 5:33 am Said:

Neil

Missed the pod cast. Is there a way to listen to a tape of it.

Thanks
Jimmy, on February 20th, 2009 at 4:50 am Said:

Good day,

It is hell and as a Saxon client, with an ARM to kick in , I am ready to fight. I have ready this blog, noting doing points, and visited the living lies blog. Great info and pointers on how to fight.

If I can sum it up, the whole planitiffs arguement is that they are the owner and that you have not complied with your contract. (I’m not a lawyer) And they have to prove that you failed to comply, which is quiet easy.

Most people don’t challenge that and hence their high success rate in foreclosing.

And the best defense, it sounds like you have to challenge their ownership.You can’t do that in court because that is not the suit, “not challenging the case.” It sounds like you have to request proof of ownership “original signed mortgage”, as part of fair trial, where all EVIDENCE is available, i.e “material facts”.

In Florida, I read about that a case was dismissed, because the lender/ servicer couldn’t provide proof, before or even during the case.

So, I guess it is really important to FEDEX documents to the lender/ servicer. And the “original owner can only foreclose on your home?.

Look at you original paper work and see where it has to go. Here is where the RESPA comes into play, because either the Servicer’s Statuary agent (lawyer) or the servicer has to respond. Time is critical, because the lender or the servicer has by law 20 days or 60 days.

I would FEDEX the Statuary agent, since states require any company (foreign or domestic) to have one disclose for public information.Check your local secretary of state for this.

Even the MERS is critical component, because it is like someone posted an electronic system that keeps track of the pools of mortgages for the benefit of the trustee’s, which can be anyone with a 401K. I guess the system does not hold promissary notes, and copies are not valid.

I also read that many banks, destroy promissary notes with in two years. Shit, storage is expensive and attracts rodents.

Right to Rescind is only viable if the lender or servicer violated the truth in lending act.
And yes, Saxon is a debt collector and not a lender. They will not refinance you loan.

Finally, with these postings, I am sure someone can sue them under RICO statues, for Racketeering Influenced and Corrupt Practices Act. Is there a brave and politically ambitious attorney willing to do it?

Did Saxon as a lender, conspire to lend subprime loans to people who couldn’t afford them; and eventually, have its Debt collector (Saxon Mortgage Servicer, Inc) cash in on the late and modification fees, after knowingly that it can cash out by selling them to the secondary market?

Did it prey on people consciously, seeking to modify its loans, to cash in on the fees, and eventually cash in on resale of the foreclosed property?

Finally, these postings can be used as evidence, if we reveal our full legal name and testify, with contact information like a cell phone and home address. Witnesses, can be a friend .
April R, on February 19th, 2009 at 4:19 pm Said:

Hello,
I was looking over the president’s Homeowner Affordability and Stability Plan announced yesterday. I don’t see any help there for homeowner’s who are already in default. Am I overlooking something? Would you please discuss in your podcast if there will be a way for defaulted homeowners to qualify for loan modifications through this plan? In our case we were able to refi in 2007 but then lost income. Now we are close to finding permanent employment, but it may not be in time;the mortgage servicer wants to foreclose. They have no interest in modification. Will the new plan force them to re-examine our situation, or is it too late?
Thank you,
April R
Marie, on February 18th, 2009 at 12:00 am Said:

“Oregon Bankrupcty Attorney posting” – Can you please contact me to discuss – as I am in need of assistance with Foreclosure – filed Chapter 13 in Portland OR- and need another attorney to take over. Contact me at tam1012@comcast.net The filing was done incorrect – the attorney doesn’t show up on time, never returns calls and telling me I should just sell and dismiss my case.
Patrick Fishell, on February 13th, 2009 at 1:46 am Said:

Sir Neil,

I also posted the below the dotted line text to EVENTS COMING UP FOR GARFIELD CONTINUUM AND GARFIELD HANDBOOKS page and noticed this page gets viewed more frequently by you Neil.

How I got to frequent this site is, searching for self help info on line. I have an investment house that is in foreclosure and appx 2 weeks after I sent the Sub TTEE the Validation-RESPA-TILA letter/inquiry that I got here, thanks Neil, the short sale process seems to mysteriously progressed a lot in a short time. Their 30 days is up and I could use some direction on the next step. At this point I really don’t want the house and want the sale to close and at the same time I don’t want IndyMac to get away with what they seem to have pulled on me.

I am no stranger to the concept that “loans” in this U.S. financial system are inherently fraudulent and not loans at all. Ref: Modern Money Mechanics book by the Fed Res Bank and other sources, but I have learned a whole lot more on how deep the doodoo really is and other fight back strategies through what you freely post here… thank you Sir Neil. This subject is fascinating to me in an intellectual sense and in the context of what knowledgeable and ethical loan mod practitioners can do with it to affect negotiations alleged lenders loss mitigation employees.

Thanks for any response.
Below is what I posted to the other page.
—————————————

To Neil and those that work closely with:

Is there a possibility of putting on a workshop in Phoenix, Arizona for a group of people that I will round up. I thought I saw mention of one coming up here but can’t find it now. These people are already actively involved in mortgage mod negotiation every day. The company principals did not seem to know [maybe they were playing their cards close to their chest] about what I had to tell them which most of which I learned here on LivingLies. They are starting to hire to ramp up their services due to an effective prospecting model and could really do a lot of good. I’m possibly to be working with them and we could do a lot of good with a teacher as knowledgeable as Neil.

Thanks,
Patrick
livinglies, on February 9th, 2009 at 5:15 am Said:

Croc Dundee
Lawyer, Homeowner or just interested reader…
NG
T29 H, on February 9th, 2009 at 5:13 am Said:

I filed an Answer to Complaint, several days later Plaintiff filed for Summary Judgment. Do I have to respond to the Motion for Summary or will a Hearing be set? This is FL. Thanks.
John Dundee, on February 9th, 2009 at 3:05 am Said:

Thanks Neil,

Would like to be added to your e-mail list if possible. Thanks.
bt, on February 4th, 2009 at 3:12 pm Said:

does anyone have any posts or info on how to defend lost note, if the loan has been sold foru times and the orginal lender is out of business.
livinglies, on February 3rd, 2009 at 8:11 pm Said:

Mark: Sue will contact you
Mark Jackson, on February 3rd, 2009 at 7:22 pm Said:

Neil,

I would like to discuss the possibility of having you as a guest on the rule of law radio. Please contact me at your earliest convenience.
james, on February 2nd, 2009 at 8:03 pm Said:

Will the oregon lawyer please contact me jimnpol@yahoo.com
livinglies, on January 24th, 2009 at 3:43 pm Said:

Podcast call was scheduled for Friday but had to be postphoned due to circumstances beyond our control. Stay tuned for upcoming podcasts and/or webinars
Bluedawn, on January 23rd, 2009 at 5:45 pm Said:

Call in on the telephone on the day of the podcast. The number and access code is at the top of this.
Philip, on January 23rd, 2009 at 12:49 pm Said:

yeah how do you view these podcasts if you don’t have an ipod?
T, on January 22nd, 2009 at 9:52 pm Said:

How do I listen to your podcast on 1-23-09 at 7pm est.?

Thank you
Oregon Bankruptcy Attorney, on January 22nd, 2009 at 8:45 pm Said:

I just came across your website. I am currently representing a debtor in a Chapter 13 bankruptcy case (I don’t want to post the case number to everyone) and have an evidentiary hearing on 2/10/09 re a motion for relief from stay by HSBC Bank USA, National Association as Trustee for ACE Securities Corp. Home Equity Loan Trust, Series 2003-OP1 Asset Backed Pass-Through Certificates, successors in interest, agents, assignees and/or assignors and it’s servicing agent, American Home Mortgage Servicing, Inc. We have also objected to their proof of claim and this hearing will also decide whether the Court will disallow their claim. The debtor defenses are the same for each issue:

“The Register of Deeds shows that Option One is still the holder of the Deed of Trust. Based on debtor’s records, correspondence and/or communications, debtor has no knowledge of any conveyance, assignment or otherwise transfer of the Note or any portion thereof or interest therein. Debtor has no knowledge of any of the entities comprising the Creditor nor of any lawful claim that creditor has to any proceeds of the note. Creditor has not made a prima facie case that the claim is valid.”

We requested the following:

“1. Production of the original note setting forth the terms of the obligation.
2. Production of any and all documents showing a complete chain of title, ownership, transfer or endorsement by Option One of the note or any part thereof resulting in creditor’s right or standing to claim any of the note proceeds.”

HSBC’s attorney provided a copy of the note and an assignment dated December, 2008 (well past the proof of claim filing date and motion for relief from stay filing date).

I am currently working with a retired attorney from Michigan and another attorney who specializes in predatory lending on these issues. The latter is going to appear in the case and attend the hearing to argue the timeliness of the assignment of the note from Option One and the creditor’s standing to be a creditor. I’ve never done a podcast before, but it seems that I just call the number mentioned and enter the id code#. Is there a visual podcast as well that might be saved to my computer? I would also be interested in any comments or suggestions that you have regarding my clients’ defenses.
livinglies, on January 21st, 2009 at 1:01 am Said:

Friday the 23rd
abby, on January 16th, 2009 at 2:15 am Said:

Neil–ok…I understand it takes a while to get those podcasts out there.

Thanks so much for this!!
Jose, on January 15th, 2009 at 10:19 pm Said:

Nice Victory in VA today, Will ask Brown, Brown & Brown to share with all of you.

Stopped foreclosure and judge invited MERS and others to come to court !!!!!!!! , apparently entities not registered to do business in the state or something like that. I do not have the details, but very important victory, small, but a victory nevertheless.
livinglies, on January 15th, 2009 at 4:25 pm Said:

BT: Yes we have seen this before. If the collection agency did NOT file suit YOU can file suit under the fair debt reporting act. If they HAVE filed suit, they are subject to the same defenses — where’s the note, who is the holder, who is the holder in due course, PAYMENT in full (by a third party) to the originating lender etc.
bt, on January 15th, 2009 at 4:21 pm Said:

Florida- How do you defend against a 2nd mortgage lender turning the 2nd mortgage debt over to a credit collection agency, instead of going through with foreclosure?

I have heard this is the new trick for lenders to get around “lost note” and to get something out of property owners, that have properties that are upside down on value and the lender would get zero in second position at a Florida foreclosure auction, due to the devaluation of real estate.

1) loan was sold to “big time” lender
2) “big time” lender sues for foreclosure- files with the claim they “lost the note”
3) voluntarily dismisses lawsuit for 2nd mortgage foreclosure with the court
4) property owner calls to find out the deal. “big time” lender says they are now wanting to work out a loan modification and are turning the debt over to a credit collection agency.
5) how do you fight this? the same way as the foreclosure…when the collection agency mails you a letter, dispute it? do they still have to prove the own the note and the rights to the debt?
livinglies, on January 15th, 2009 at 3:41 pm Said:

Patti: Thanks for the feedback
livinglies, on January 15th, 2009 at 3:38 pm Said:

TOM: Thanks. Our first try at it and I think it could use some improvement in format and content but I was pretty satisfied with it and so was Brad. If you need to reach Brad use the same email at fdg.clientservice@gmail.com and just put “Brad” in the subject matter along with a 2-3 word description of what you are writing about
livinglies, on January 15th, 2009 at 3:35 pm Said:

ABBY: the podcast link will go up after editing. First run might take a week or so and after that only a couple of days. We’re just learning here.
abby, on January 15th, 2009 at 5:51 am Said:

can you post the podcast link so those of us who could not listen in live can hear the podcast?
Thank you
Tom, on January 15th, 2009 at 4:50 am Said:

Hi Neil, the podcast was great. What is the contact information for the guy in Cincinatti for the Mortgage Audits? Keep up all the great work you are doing! It’s greatly appreciated
Patti, on January 15th, 2009 at 12:48 am Said:

Thank you very much – I learned a lot from listening.
L H, on January 14th, 2009 at 4:54 pm Said:

Goodmorning Neil.

One other great option to add is to record the podcasts and post a link on the site to be able to listen anytime if anyone is not able to listen as scheduled and be able to add comments as this one underneath the audio for others to refer back to the podcast.
Dan, on January 14th, 2009 at 4:32 pm Said:

The correct email address is:

fdg.clientservice@gmail.com

Thanks,
Dan Edstrom
dmedstrom@hotmail.com
livinglies, on January 14th, 2009 at 3:48 pm Said:

GOOD SUGGESTION CHERI. YES PLEASE SUBMIT ALL QUESTIONS THROUGH EMAIL.
Cheri Robinson Esq., on January 13th, 2009 at 4:25 pm Said:

I suggest that you mute all calls. Do you want the questions emailed beforehand?

Are questions specific to the points Neil raises or to issues we are having in our case load?