MIchigan Supreme CT: $3.75 Billion of Chase WAMU Mortgages Are Voidable


What’s the Next Step? Consult with Neil Garfield

For assistance with presenting a case for wrongful foreclosure, please call 520-405-1688, customer service, who will put you in touch with an attorney in the states of Florida, California, Ohio, and Nevada. (NOTE: Chapter 11 may be easier than you think).

MCL 600.3204(3) states:

“If the party foreclosing a mortgage by advertisement is not the original mortgagee, a record chain of title shall exist prior to the date of sale under section 3216 evidencing the assignment of the mortgage to the party foreclosing the mortgage.”

Editor’s Comment and Analysis: We are getting closer and closer as the Judges are seeing past the veil of fabricated paperwork and looking directly into the transactions checking whether there was offer, acceptance and consideration. All three are arguably not present in any of the so-called securitized mortgages because the offer made to the lender/investor is different from the offer made to the homeowner/borrower and the party seeking to assert ownership on the loan never funded the origination nor the purchase of the loan.

In this case the court in Michigan had a specific statute that merely states the obvious: if you are not the original mortgagee, you must prove up chain of title prior to the date of sale. In other words, without that, the “credit bid” is “voidable” which means that it is void if you challenge it. The court didn’t go all the way to saying the foreclosure sale was void, which I would have preferred.

I have personally spoken with the receiver for WAMU and I have read the Purchase and Assumption agreement between Chase, WAMU, the FDIC and the Trustee and noting could be clearer that their was no assignment of loans in that document. The receiver said he was mistaken when he signed the affidavit that Chase is using to say it acquired the WAMU loans “by operation of law.” Nothing could be further from the truth and the behavior of Chase, selecting loans to foreclose, shows that they themselves do not assert ownership over ALL the loans.

The receiver told me in no uncertain terms that if we were looking for an assignment of loans we would not find one because none exists either individually for each loan nor as a group. The purchase and assumption agreement together with other events (sharing in a tax refund) explains why the agreement says the consideration paid by Chase was zero. They “bid” $1.9 Billion but received more than that as their share of a tax refund due WAMU — a tax refund that had nothing to do with mortgages.

The story in the link below is the tip of the iceberg. The final ruling from the Michigan State Supreme Court rested on the specific statute quoted above. But that statute is inherently included in the recording requirement in all the states. Altogether the total of mortgages affected is, according tot he FDIC receiver is around $700 Billion.

While Chase can try to get or fabricate an assignment, the spotlight is on this transaction and it seems unlikely that anyone is going to sign anything from the U.S. Bankruptcy Court or the FDIC. Of course WAMU, now defunct, is unable to execute anything.

Analysis and Practice Tips: This case should definitely be used. But be careful. If it looks like you are knocking out Chase with no other creditor on the scene judges are going to act to prevent a windfall to homeowners. Somehow they will justify their decision unless, as the case progresses, you are able to show (through Deny and Discover) that the money for funding the purchase of $700 Billion in loans was never paid, which would technically mean that the estate of WAMU would need to be reopened to include the loans — which is impossible because of the claim of securitization in which WAMU reportedly sold all of those loans.

To whom and where were the loans sold and in what transaction? What was the consideration paid to WAMU. Answer: Nothing because they didn’t fund the origination of the loans to begin with. They had neither the capital nor available deposits with which they could make those loans.

So educating the Judge means leaving him/her with the notion that there IS a creditor that Chase tried to cheat — the lender/investors whose rights might be equitable or legal, possibly subject to a receiver being appointed and possibly subject to subrogation to prevent Chase from receiving windfall.

The measure of the right to subrogation is whether the claiming party is asserting rights that diminish the value of other claimants. Chase, who received hundreds of billions from insurance and credit default swaps and trillions in Federal bailout programs has no loss on any loan receivable — which is why an accounting from the MASTER SERVICER, Trustee and the other active participants needs to be produced to follow the money trail from investors to all the different places it went, breaking every rule in the book, to the extreme detriment of investors, the financial system, homeowners, workers, and consumers.

Here the investors put up the money, Chase put up nothing, WAMU probably put up nothing, which means the investors are owed the principal due on the loans — if there is any balance due because of payment of insurance, credit default swaps and federal bailouts.

Since the money trail does not lead to the REMIC, there is a high probability of double taxation against the investors because their agents diverted the money and the documents from the investors and their “REMIC” and did the transaction “off record.” That leaves the investors with a claim but no security since the mortgage is not likely to be considered subject to subrogation in favor of the investors — although that is a possibility.

The main point of this and recent articles published in the latest Florida Bar Journal is that in considering subrogation or any other equitable remedy, the claimant must prove “clean hands,” which is going well nigh impossible for nearly all the claimants on these mortgages. The Court is looking for who is REALLY out of the money and who is really going to lose money and how much that loss is going to be because subrogation will not support enhancing the position of the alleged subrogatee.

AND THAT is why Deny and Discover is such a powerful weapon to use against the banks. By challenging the offer, acceptance and consideration starting with the origination and all the way through the assignments you can force them to either fess up to the fact that no money exchanged hands on ANY of their deals. As the proxy for the borrower the investment banks invited investors to advance the money but the offer to the investors was substantially different than the one offered to the prospective borrower. They then named the payee incorrectly which should have been the investors or the REMIC if the money had actually come from a REMIC trust account designating that particular REMIC as the owner of the bank account.

This was done intentionally, fraudulently and improperly for one simple reason. They were going to claim the obvious impending losses as their own, thus depriving the investor of the protection they were promised through insurance and credit default swaps, and enabling the investment bank to retain the difference as “trading profits.”

When all is said and done, Chase can’t prove up any actual loss on these loans because they don’t have any losses. The Michigan court saw the opportunity for moral hazard in Chase’s argument and rejected it. So should the courts in all 50 states.

It is these facts that make the impending “settlements” so insignificant and hopeless for the millions of people who have been foreclosed and evicted on loans whose balances were either non-existent or a small fraction of what was demanded.

Euihyung Kim v. JPMorgan Chase B[1] (1)

60 Responses

  1. I have spoken of this fraud now for well over 2 years. St.Louis Judges are claiming these properties for themselves and have no regard for the homeowners. We have such corruption on all levels. I am currently in the bankrupcy Courts and have gone round and round with the courts regarding the re-affirmation agreement. The courts are well informed and knowledgable of the fraud. it is they who arecommitting the fraud. My facebook page was completely sabitoged yesterday as well as my yahoo account. I should all the fabricated documents used to facilitate the fraud. Chase is also the culprite claiming the home using a fraudulent endorsement of Ed Fisher and Cliff Cotton . I have received an abundance of mail from Washington Mutual which is why this all makes sense to me. Belive you me, the Judges are not stupid they fulloy are aware. money is place into their Private Trust .I wa s pushed into bankrupcy by a former employer who helps orchestrate this type of criminal behavior. Zero Chaos – Chase bank is used to create the fabricated documents.
    Wilma Williams works for Zero Chaos – ChaseBank and her sister works for The Civil Courts, They all work diligently in preventing Due


  2. On Sunday nights Erin Jaimes hosts a blues jam where anyone from Alan Haynes to Gary
    Clark, Jr. At the end of each round read out the cumulative scores.
    Theme Format: It is almost like standard format of the pub quiz.


  3. The security agreement depicts the FEDS own default. They are grabbing property that’s all. Once they get their cds insurance money, it’s game on and onto the fraudclosure terrorism. Two months into the fraudulently induced fraudclosure game, lets just call it the loan mod scam, they get back 10x or more the value of your property…they pocket it, and file their fraudulent fc claims. These are the 2 faces of one true evil….the Federal Government Corp disguised as the Obama Plan, telling you we are here to help all while they are beginning the process of stealing your property. The Quasi Government are really one wealth grabbing Global crime syndicate….They use this scam as a disguise to steal from the public and privatize our stolen wealth, then they resocialize their massive debt they create onto all of us in order to steal everything we paid for in the first place. This is done under the guise of money lending, but they lend us no money, it is no more than a credit & investment scam they use to resocialize their unsustainable debts, they create, and by doing that, they very deceptively make people believe they are broke and slaves to this fictitious debt. They want to make us believe they lent us money, and they own us….that is simply not the case as they were never in Possession of anything ….ever….and by law, they cannot gain Possession by foreclosing no matter what their “shareholders” or their “investors” want. Investment by Indorsement or Instruction does not Guarantee Security Entitlements…..that is not proof of Possession and fraudclosure does not create Possession.


  4. We were set up by tyrants by many deceptions.


  5. Since we are on the FDIC topic, where are the 80 billion in loans the FHLB held as security for WAMU advances. Their own security agreement depicts a default,BK or seizure as reason for automatic delivery of the collateral package.

    These advances stand before the depsotis held at the bank, the FDIC pays the claims and we the taxpayer are again on the hook.

    The FDIC is a private insurance comapny for the banks and much like other quasi-judicial bullshit government entities – they are designed and chartered merely to keep the credit in the system and the reserve system banks with an appearance of solvency.


  6. Our foreign enemies via the traitors politicians from within, brainwash our soldiers into believing they are fighting for us. This is simply not the case. They are fighting for the interests of the shareholders & investors of the Government Corp…. this brainwashing starts at a very young age. They start to spread immorality & poor education and it is enhanced by sadistic and violent cartoons, films and video games that make murder and mayhem look like entertainment. They normalize immorality and call that freedom.


  7. Remember what Wall Street and the banks did was to benefit their shareholders & investors. THEY ARE CREDIT & INVESTMENT SCAMMERS….. It is the FBIs job to protect them from us. The POLITICIANS ALLOWED THE FED. to be a two faced enterprise. The U.S. States Attorneys office, the U.S. Attorney Generals office are the biggest traitors on the planet…EXCEPT FOR the Politicians who gave any special powers to the FED…….THAT IS UNCONSTITUTIONAL…….AND THEREFORE ILLEGAL….the TRAITOR POLITICIANS ARE WHO installed the FDIC & THE GSEs as a Protection Racket FOR THE FED SHAREHOLDERS & INVESTORS……and a gave them permission to rob us…..they also gave control of the U.S. TREASURY to the FEDERAL RESERVE…..A PRIVATE BANK WHO LENDS NO MONEY…..WITH TBTF…..WHEN THE FED ARE IN FACT…..IN DEFAULT TO THE U.S. TREASURY DEPARTMENT……& OWE THE U.S. TAXPAYER’S INNUMERABLE AMOUNTS OF OUR MONEY….


  8. There can be no Security Entitlements …Article 8 without Securitization by Acceptance & Consideration by the Issuer…. that creates the Security and is Possession of the Instrument & the Contract by the Issuer. MERS is a sham…Were they used as a racketeering outfit for the FEDSTERS to transfer, hide and dump massive mortgage fraud….? Of course. The FDIC…..For years I wondered how the Federal Government got away with that. The FDIC is a complete misnomer….and a contradiction of our Constitutional Republic….the Federal Government should not be protecting our money…….or insuring mortgages purchased with U.S. TAXPAYER MONEY….Like Homeland Security and the Secret Service…..the UN & NATO…these are very deceptive names for our enemies both foreign & domestic operating on U.S. SOIL…..They have no legal jurisdiction to operate here on U.S. SOIL….. That is why the FBI can’t help you…and they told me to call the cops on FINCEN…..who were doing U.N. BLACK OPS for the banks on U.S. SOIL. These are spies from within.


  9. wait – we’re not done here – right? if mers were the agent for wamu which was the subject of a(n) (involuntary) fdic takeover, what is the relationship between mers and the fdic? IS mers the agent for the fdic? (see generally Mi case law for the routine / majority claims of mers as to who it is – ben, agent, what the h.) If Mers generally claimed to be an agent, say, in MI (jn), if mers attempts to execute assgts in MI, in what capacity will it claim to do so? The fdic will not imo allow mers to claim it is the fdic’s agent.

    First of all, the fdic is not a mers’ member. That alone should have triggered assignments to the fdic.*
    The fdic may want to to help out their buds at JPMC, but in doing so, they know they’d be on the hook for all the implications regarding those loans, so they likely won’t allege an agency or any relationship with mers. Similarly, I can’t see the fdic executing assgts and none were executed to the fdic, anyway. The fdic and jpmc should have thought of this a long time ago, and the failure of both to do so smacks of bad faith and wanton disregard for their obligations and certainly indicates a more than cavilier attiitude, in fact, gross negligence, toward establishment of rights. It is JPMC’s error which may find jpmc unable to enforce and accordingly, jjpmc should bear the loss. I can only repeat my assertion that neither of these entities can legitimately claim they relied on merger to obiviate the need for assignments. They just couldn’t be bothered: the fdic wanted to unload and jpmc wanted to take advantage. The purchase agreement, if they ever try to rely on it, imo must identify the loans at issue with peculiarity, which I’d bet a million if I had it that it doesn’t, so its production would prove nothing.
    Even the UCC, as I recall, requires notes to be identified with peculiarity in a bulk transaction. And if that’s true as I believe it is, jpmc may not even be able to allege it is a transferee of the Notes. I think jpmc has checkmated itself.

    Back to the assgts. Mers will likely try to execute assgts as the beneficiary (not agent).
    Because of the MI SC ruling, JPMC needs assignments. In what capacity could mers claim to assign the dots? It will have to claim to do so as beneficiary, having no principle for which to claim agency (and here just a reminder that mers’ own rules require an assgt to be executed and recorded and the loan 86’d from mers computer program when a loan is owned by a non-member). Mers likely cannot purport to act for the fdic in executing assgts to jpmc.*

    In order to claim to be a beneficiary of a dot, there has to be a debt the dot secures, right? If mers is the ben and the fdic owned the loans and mers is not its agent, the notes and dots were bifurcated, were they not? The fdic which is not a mers’ member, should have insisted that “mers” assign all the dots to the fdic, and they DIDN’T. Oops?
    I really don’t know if loans may be “unbifurcated”. Assuming here they may be, MERS must execute and record assignments to the fdic who must execute and record assignments to jpmc (but speaking of laches……)
    *The only way this could be avoided or MERS could claim to act for the fdic is if the fdic (and only the fdic) successfully argues that it succeeded to wamu’s relationship with mers. I’m not sure they’d be wlling to do that, but maybe. The reason I say they might not is because if they do, they are squarely responsible for any mers’
    assignments (jpretty much like FNMA in Nosek was responsible for the acts of others in regard to a loan it may have owned) and they are the same fdic which with 99.99999999% probability didn’t, couldn’t be bothered to, identify the wamu loans with any peculiarlity in the first place, such was the rush to close that deal.
    Not my thing, but I’m not sure it’s a walk in the park for the fdic to establish that it succeeded to wamu’s mers’ relationship (even if mers.as a nominal beneficiary can be found with the right to assign the true beneficiary’s interest, which as far as I know is a question not yet squarely confronted in any court).
    So I guess in the final analysis, just a head’s up that’s likely to be the argument made by the banksters (and as opposed to by the fdic): that the fdic succeeded to wamu’s relationship with mers so ‘mers’ (read jpmc employee) can execute assgts to jpmc.


  10. Without Article 8 securitization, the banks can’t comply with the basic requirements that must be met to even bring a foreclosure complaint. Bringing a fc complaint to take someones property, that has no legal basis is in fact, criminal by it’s deception and presentation at the onset. If we copied paid checks …. counterfeited and forged them and presented them upon a court of law and demanded payment in the form of someones property, we would all be in prison.


  11. e.tolle – right. But I believe that prejudice can be established by good minds working in concert. The first thing to do, imo, is to identify the
    bar for prejudice and that may take some thinking outside the box. And is, has been, JPMC’s errant reliance on ‘operation of law’ in not executing and recording assignments good faith? We and courts are to believe they don’t know the difference between a merger and a purchase agreement?! I don’t have these answers, but I think these are some of the right questions. I wanted to point out that JPMC admits there are / were no assignments and imo people in MI should start looking at prejudice and laches, the obstacles thrown up for them against getting their homes back. I believe those obstacles can be overcome by a joint effort and probably only by a joint effort or at least one or two relentless researchers (prejudice). And what if anything could a homeowner who lost his home where there was no compliance now do to truncate the laches defense?
    And i also do disagree with the court if not the MI law for no other reason than the assignment-less bankster had no interest (imo void), and my usual, that enforcement requires notice of interest, prejudice or not. No state law should be able to provide an interest to a party who has none, which imo (like yours I think) is really the bottom line of MI requiring one party to demonstrate prejudice caused by the other party’s noncompliance. But, that’s what it is unless one wants that
    battle (like the law is unconstitutional or is itself prejudicial to one party – it is), so then’ what is prejudice’ is the lousy question for which an answer is needed tout suite.
    Also, hmmm….since WAMU is toast, who is going to execute assgts?
    If wamu is toast, good ol MERS can’t allege to be its agent, right? For whom could MERS even pretend to be a nominal beneficiary? No one. Seems to me the only party who could execute an assgt is the FDIC and it’s not going to do any such thing.


  12. JG wrote, “the foreclosure done without compliance merely voidable, not void and subject to a showing of prejudice to the homeowner by the homeowner….”

    There’s where they get us every time. The burden of proof is not only on the borrower, but the laws have been silently reshaped over the last few decades to erase any vestige of fairness in these chess matches. The banks, aided by the courts, might as well be saying, “Prove us wrong!” All the while their lobbyists have paved the way with bought and paid for legislation making that effort fruitless.

    In my case, I have clearly fraudulent assignments, notary fraud, and two notes. The judge is clearly delighted with the fact that the borrower has no standing to question what goes on between mortgagees, when he states, “The homeowners were not a party to the mortgage assignment.” Judges simply discount the old axiom of law that is very clear on the matter: Clear Title May Not Derive From A Fraud (including a bona fide purchaser for value).

    Bottom line? They win. We lose. Why? Because we have no lobby, and the government represents those who do.


  13. Does anyone have more specific info on Barnes’ NJ and MI cases (from Christine’s comment)?


  14. I was about to call the MI SC case the proverbial pig in lipstick until I saw the last paragraph. JPMC had alleged it needn’t record an assgt because it was the successor by merger to WAMU. That was actually the prime interest imo of the SC; what is “by operation of law”? JPMC lost that one, tho it’s noteworthy that the FDIC teamed right up with JPMC (and thus against the tax-paying polity it’s supposed to serve) in support of ‘by operation of law’ v by purchase, essentially. That really torks me.
    As NG states, the court found non-compliance with MI recording statutes makes the foreclosure done without compliance merely voidable, not void and subject to a showing of prejudice to the homeowner by the homeowner, which I think is baloney: MI homeowners must demonstrate prejudice by the failure to record AND the MI SC has made it clear that laches will be a determining factor in the banksters’ favor, as well. So, if anyone wants to take on wrongful foreclosure in MI, you’d have to start filling your war chest with 1) prejudice and 2) argument against laches, which imo would have been less spectacular but just as necessary to know as the info stated in the post.
    But the thing that cracked me up at the end of the SC’s decision is that it’s clear JPMC inadvertantly admitted there are NO assignments to record (I’m thinking judicial notice, of course), to which the court responded they were free to record the Purchase and Assumption Agreement. Yeah, right on, Louise – they’re all over that. I doubt that agreement would fully, if at all, support JPMC’s acquisition of the loans in the first place. If they ever do record it, I’d sure be surprised.
    Lay opinions – ask a lawyer or 10

    I just really don’t get this: if most loans were securitized and actually alienated to the trust / investors, what was JPMC buying (for pennies)?
    What did Warren Buffet (Berkshire Hathaway), the guy who decried derivatives as weapons of mass destruction, buy out of ResCap’s BK for a billion or two? It wasn’t the servicing – NationStar got that. So WHAT?


  15. Cant even get the banksters to show up … time the devil paid his dues.


  16. LOL …. you are right on.


  17. Good luck serving them


  18. Boehner said something true today…the GOVERNMENT has spent too much of our money…and there aren’t enough jobs. My answer to that…Sue the FED…


  19. JG. Yes i thought of it too late, should have i did that serving theopposition at the beginning in 09 , god knows it would have saved me a lot of stress and of course would have been cost effective too , others should perhaps consider that. I could electronically file but that may be more risky i rather not at this stage. Well i made it now i must wait on the decisions.


  20. JG. Yes i thought of it too late, of course would have been cost effective too others should perhaps consider that. I could electronically file but that may be more risky . Well i made it now i must wait on the decisions.


  21. The FED has no assets ….they have hijacked the U.S. Treasury and are stealing everything they can get their greedy hands on.


  22. This is war on the American people Joe…It is being waged at all levels of Government. Professor William Black, an ex banking regulator who saw to it that 1500 banksters went to prison for the S&L CRISIS gave this coverup a name…… Control Fraud. This is complete corruption at all levels and precisely why we have a right to bear arms and we were told to always have militias at the ready…in case we have a Government that is acting like a tyranny & oppressing the people. The evidence is undeniable…20 million fraudclosures to date and endless bailouts to the Govt Corp…..no proper legal represention……no criminal cases brought against these crooks at any level. It is obvious there is a complete communist takeover in progress …. that is why they are criminalizing us and not the real criminals who are robbing us of our freedom and independence a little more each day. They are very deceptive about normalizing all of these “hopey changeys”…and calling poverty the “NEW NORMAL” in the richest nation on earth where WE THE PEOPLE pay for EVERYTHING upfront at the ORIGINATION…..That is how they rob us…..they turn the issuance of credit into massive debt and pocket our money and run….and reissue the massive debt they create upon all of us….that causes complete communism because you never get out of the debt they create from your signature….the debt is truly a fraud because nothing backs a quadrillion in credit & investment fraud created by Wall Street…it is all a nullity. The FED owns nothing but a lot of fraud….


  23. DW – If I were filng in a court I couldn’t drive to, I would hire an established co. that does legal svcs) in that city to file my stuff (they go to the court and file it) and get my own copy stamped and have them mail my stamped copy back to me. Carefully count the number of copies they will need for filing and mailing or delivery including a “copy for chambers” (optional, I think), which goes in the judge’s box (assuming that court has those) at the courthouse after being stamped by the clerk. Those services execute the certs of service (which you prepared as I recall) and then they mail or deliver the copies to the banksters. Just google or yahoo “legal process services san francisco” and start calling. In my experience, the cos are run by paralegals. Hopefully, this will 86 the missing doc bull. They will send you the certificate of service, your file stamped copy of the docs, and what not. I don’t remember the charge for the services, but it is not that much and might be well worth whatever it costs. It’s been a while, but I think I would include a (signed?) page in my docs which itemizes the docs: 1) 7 page brief/ motion, reply, whatever, 2) exhibit A, ______, 4 pages, 3) exhibit B _____________, 5 pages, etc.
    Ask a lawyer, of course.

    Charges as I RECALL only:
    sign cert of service – around 5 bucks
    file docs – 20 – 25 bucks
    serve docs on other parties (by mail or in person): cost of mail or around 20 del fee – likely to vary from service to service
    Return your file stamped copy by mail: mail + maybe small fee for
    handling (ask)


  24. Yea your your 100% right stripes. Soon me my wife me and five children are going to be on the street. I recently posted what my sneaky little bastard bitch judge did in my foreclosure case. She did everything possible to help the bank foreclose on me and my family and. I thought their was laws to protect the united states citizens. But it’s all not true especially in STATEN ISLAND NEW YORK WHERE THE BIGGEST RAT IN HISTORY LIVES JUDGE JUDITH MCMAHON. ALL THIS GOVERNMENT DID WAS HELP THIS FAKE SERVICER FORECLOSE ON ME WHAT COUNTRY HORRIBLE. No laws to protect us Only law’s to proctect the banks. If anybody wants to talk more about this massive fraud that these judges and servicers are commiting or maybe we can together and do something about it. Call me anytime. Frank 718 948 1451


  25. If you end up calling the FBI…insist on speaking to their Mortgage Fraud Division. That’s what the State AG’s office told me. It is true that everyones case is a bit different but every one of them is a horror story. There is mass criminality here. IMHO, the problem with this mess is too many people are living in denial. Even those who have lost everything are failing to see the criminality here. It is frightening to see how easily they are willing to move along and believe the lie they can work their way back. It’s just not going to happen in their new normal. That is the real plan here. That is why it is so well organized. It is slow and strategic for a reason. They are trying to normalize complete communism. This is a different brand of Communism is what I learned from Jesuit scholar and PHD, Malachi Martin. He said that Communism in Russia never fell, it was restructured and the country is now completely KGB controlled. Technology is unfortunately being used for both good and very nefarious purposes so that anyone they choose to monitor and target may be spied on. Things are not normal at all. This is evil beyond most human comprehension and by the rising gun sales, people are beginning to really get it, and are taking up arms against it. One things for sure, these crooks are going to have hell to pay for what they have done to the innocent.


  26. here is my TESTIMONY regarding the facts of my case so far- i want you all to be the judge
    original case number Az District court filed July 31 2009, civ -09 01587
    Wynn V Toll Brothers etal long story and very atypical legal course and management 2 attorneys and mucho money down i end up Pro Se , oh one judge changed out, James A Tielborg, 40 plus rulings against homeowners and sat as chair for the mutli district panel on MERS, well anyhoo- replaced( by no ones motion) by a visiting judge ( may you note i asked council of record at that time to have him recuse due to conflict of interest, we are all allowed to change judge once i believe under certain circumstances so check on that with your attys) well Honorable Robert Clive Jones was his replacement, Visiting judge from Nevada. (RENO) If you look at my Appellate case ( 9th circuit , case No 12-16192 and my Brief, it speaks for itself.
    i was dragged into district court to oral argue 3 times i have the transcripts, I was Deposed, all without council, quite an experience, I have the transcript. The judge himself contradicts himself and the cause of action was changed arbitrarily i raised that, theres so much more but id need to write a book. well my main concern now is i believe i have the appellees boxed in for what they did ON THE RECORD i have copies of everything and a 5 year paper trail, WHAT I NOW WISH YOU ALL TO NOTE IS THIS im at 9th circuit level and it gets worse, i made dealines on everything they asked of me. ATTYS FOR HSBC did not, – MAKE THE DEADLINE they pled ignorance on top of being late, accordingly i pled they were late but answered hsbc answering brief just incase they are given lieneiency by the court because it would not be unusual after my prior experience. so then the clerk says i cant file 2 separate ANSWERING briefs- now we all know how much work this all is and cost yes, so i get a very short ammount of time to redo the whole thing, in between all this, despite great care to send correct amount of copies and cert of service and compliance sheet, documents misteriously go missing, not once but several “losses” occur” I correct the matter immediately overnight confirmed delivery copy receipt with weight of document, which proved i sent it all, funny thing exhibits needed were the exact ones that got lost, finally, i sent the extended answering reply breif, i send as secure as possible REGISTERED WEIGHT ON RECEIPT SIGNED BY AGENT Of USPO, I AFFADAVIT THE CONTENTS NUMBERED 1 THRU, AMOUNT OF PAGES AND COPIES OF CASELAW, CERTIFICATE OF SERVICE AND COMPLIANCE SHEET post mark 2 days befor deadling, guess what,- didnt get there, but i was ready i tracked parcel all 16lbs of it, (everyone who handles that package must sign for it) long story short it got in san francisco on the 9th dec, est delivery to courthouse 10th, it sits in a post office not far from the court until the “attempted delivery” on the 14th, i find out the time it was 1.41 in the afternoon , I call the clerk, i talk to the guy in the mailroom, he says ” there is always someone here at that time” i tell him well post office says they could not deliver and left a notice, he says “where would they leave the notice” ( BTW i had also written to the clerk day prior to my investigation asking why my answering reply brief to appellees answering brief was not on the docket) so i call post office who give my complaint a number and take my info down, tell me they will have feedback for me tomorrow, after i told them that parcel says USCA not grandma moses, its sat on a shelf in a post office and i investigated ect and i want a name because this is very bloody serious and ill be talking to the FBI if that package is not in the court by tomorrow.
    guys you be the judge.
    thanks for reading. back up what you send Pro sers.

    my home was reconveyed in 2010 after the judges ruling in favor of removing lis pendens for HSBC so someone else is having the pleasure of my lovely home, its not the new owners fault, they know nothing of this lawsuit.
    its funny if it werent so unreal, the post office asked what the package was worth, i said well, over 5 million, give or take a few zero,s ( nothing to what they made off my name)

    i cant wait to see what loophole they come up with- its getting old.


  27. Hey does anybody know what I can do about a judge I have on my foreclosure case in Staten Island New York shes horrible the worst in history her name is Judith McMahon wife of previous congressman Michael McMahon that received campaign funds from Wells Fargo. She is the worst judge in history shes throwing everybody out of their house. She let’s all that forged paperwork go through. When I filed a motion to dismiss and showed her the fake servicer has no license to do business in new york and Mers has no right to foreclose and showed her the silverberg case and that the servicer is nowhere on the note and my paperwork was robosigned, she told me I don’t care plus the servicer didn’t show up to two court dates. Plus she told one of the court officers to go out in the hallway and get any lawyer to stand in for the servicer. Plus after my last court date she went behind my back and called up my servicer and told them to file their opposition to my motion to dismiss. Plus she raised her voice at me in the court room and said I’ll send my answer in the mail, that answer never came.phone # 718 948 1451


  28. E. Tolle nails it yet again. My God…how much criminality is too much? Save the system, screw the people the system is supposed to serve–that’s apparently the credo of the OCC, the Fed, the White House, Congress, etc.

    I thought long and hard about what to say in the addendum to my foreclosure review. The questionnaire itself was ridiculous–essentially 10 yes or no questions (12 if you were military) and 1 essay question. That practically guaranteed that anyone with half a brain and/or who gave half a shit would elaborate on question 13, giving away legal strategies and theories left and right. That’s certainly what I did–if I didn’t, nothing I could have said would have made any sense or had any impact. And all so the “independent” reviewers could hand this info over to the banksters?

    Back to the yes or no questions–the banks already knew the answer to every one of them. They already knew, for example, if someone had applied for a modification, been approved, and then was foreclosed on anyway. So what was the purpose of even asking that question? Just to see if WE knew what we knew THEY already knew?

    I’m still glad I wrote an answer to question 13, though, because it clarified a lot of points in my mind that had been floating around in my head since I lost my case.


  29. Just want to add that Christine knows nothing about my cases. She is a great deceiver pretending to give a shit about anybody but herself and the criminals she is trying to protect. She is truly drunk on their wine or she would be telling you these crooks really need to pay for the harm they have already done to us and the permanent harm they fully intended to do to us. They can only get away with their b.s. until you realize you were induced to sign a contract under false pretenses…then that contract becomes a fraud….null and void.


  30. The illuminati banksters killed Lincoln too…read about it here…. PEOPLE OF THE LIE: A GOLD STANDARD BANKING SYSTEM HISTORICAL PLANS OF THE BLACK AND WHITE: http://www.fourwinds10.net/siterun_data/bellringers_corner/people_of_the_lie/news.php?q=1229914733




  32. That is my opinion….not advice…the best advice I can give is don’t listen to the FEDSTER schills like christine…..who get paid U.S. TAXPAYER money to sit in front of a computer screen all day and try and make people believe lies. How many quiet title suits have been won to date….? Don’t listen to anybody and please do your own research…


  33. OMG! How stupid can one be? Is there no limit?

    LDean Tx,

    I too would go for quiet title. Don’t listen to people who sit in front of the computer all day complaining and whining about everything and everyone but have yet to lift one finger to help themselves.

    Quiet title is definitely the way to go at this juncture. No point in going after an elusive jugular when you seem to have a pretty good deck in hand. The idea is to save yourself. Not rebuild the world. And especially not rebuild the world for those who won’t do it for themselves… we have enough to do with rebuilding ours, individually.


  34. Quiet Title is too easy on these crooks. I would demand clear title to me….all costs of their fraud suit and property tax bills assessed to them plus compensatory damages and other equitable relief as we have all of the rights of a harmed party……how about 3x the face value of the notes….? That’s more than fair because these fraudclosures were only part of their unconscionable, criminal acts against us that caused among other things, Negligent Infliction of Emotional Distress upon the Defendant’s of these suits.


  35. No doubt Bill’s a crook & a traitor. Looks like the Clinton Body Count just went up.


  36. How can you sue a trust that never existed….? Are they talking about the Title Companies who never carried out their fiduciary duties…? Or the banks who never sent the paralegals around to secure the collateral liens because of the Origination Fraud……? I still say this is a dispute between the FED and the Title Companies….They both failed to Perform their Contractual obligations.


  37. After speaking with BONY on Friday, Dec 28 2012 the gentleman I spoke with said Ms Dean you realize that your note is a security now correct. I replied yes I do. He said so your promissory note is collateral now. If you want the blue ink copy of the promissory note, you will have to contact the Custodian to the Trust which is the Servicer. I just laughed and told him he did not realize what a big help he was. I once again after a phone call with him received a letter Federal Express today from Bank of America stating that BONY is the owner and holder of the note. Seems they are very hung up on this statement. So hung up on it I think they are actually believing it.
    I don’t think Bank of America’s Litigation Specialists know the definition of Trustee; Investor; REMIC; Pooling and Service Agreement; Robo Signer; or Mortgage Fraud. Maybe they just believe nothing is going to happen to them. Time for Quiet Title.


  38. Fannie Mae – Who’s Buying at their Auctions?

    Posted on January 2nd, 2013 by Mark Stopa

    Remember this post, where I discussed the income requirements for buying foreclosed properties in bulk at auctions from Fannie Mae? Or this post, where I lamented the sale of 700 Florida houses for 12.3 million ($17,571 per house)?

    Well, I have it on good information that one of the investors at these auctions is none other than former President Bill Clinton.

    Mark Stopa


    Not surprising. Whitewater didn’t just happen because those two had too much integrity…


  39. Foreclosure Review Scrapped On Eve Of Critical Watchdog Report, Congressman Says

    Posted: 12/31/2012 3:53 pm EST | Updated: 12/31/2012 4:08 pm

    The surprising decision by regulators to scrap a massive and expensive foreclosure review program in favor of a $10 billion settlement with 14 banks — reported by The New York Times Sunday night — came after a year of mounting concerns about the independence and effectiveness of the controversial program.

    The program, known as the Independent Foreclosure Review, was supposed to give homeowners who believe that their bank made a mistake in handling their foreclosure an opportunity for a neutral third party to review the claim. It’s not clear what factors led banking regulators to abandon the program in favor of a settlement, but the final straw may have been a pending report by the Government Accountability Office, a nonpartisan investigative arm of Congress, which was investigating the review program.

    Rep. Brad Miller, a North Carolina Democrat, told The Huffington Post that the report, which has not been released, was “critical” and that the Office of the Comptroller of the Currency, which administers the review, was aware of its findings. Miller said that that one problem the GAO was likely to highlight was an “unacceptably high” error rate of 11 percent in a sampling of bank loan files.

    The sample files were chosen at random by the banks from their broader pool of foreclosed homeowners, who had not necessarily applied for relief. The data suggests that of the 4 million families who lost their homes to foreclosure since the housing crash, more than 400,000 had some bank-caused problem in their loan file. It also suggests that many thousands of those who could have applied for relief didn’t — because they weren’t aware of the review, or weren’t aware that their bank had made a mistake. Some of these mistakes pushed homeowners into foreclosure who otherwise could have afforded to keep their homes.

    Miller said the news that a settlement to replace the review was in the works caught him by surprise, and stressed that he had no way of knowing whether the impending GAO report had triggered the decision.

    It’s not clear what will happen to the 250,000 homeowners who have already applied to the Independent Foreclosure Review for relief. The Times, citing people familiar with the negotiations, said that a deal between the banks and banking regulators, led by the Office of the Comptroller of the Currency, could be reached by the end of the week. It wasn’t clear how that money would be distributed or how many current and former homeowners who lost their homes to foreclosure — or who were hit with an unnecessary fee — might qualify.

    Read the rest here.


    That would explain why people who filed for an OCC review a year ago still haven’t heard a word… Too many people involved. No one held accountable. No one is in charge. It’s absolute chaos. Everyone has something to say but no one is taking action or responsibility. Close all those damn agencies. They’re redundant, costly and useless. Name one person, give him/her full power to go after the banks and let’s get it over with once and for all!


  40. http://homeequitytheft-cases-articles.blogspot.com/

    Bankster Ordered To Send Company President To Court, Sends Flack Instead; Now Finds Itself In Contempt Hot Water

    In Sarasota, Florida, the Sarasota Herald Tribune reports:

    A circuit court judge found one of the largest banks in the country in contempt of court on Friday over a foreclosure case that has dragged through the system for several years.

    Attorneys for Dimitri Jansen, a local schoolteacher whose former home in North Port is in foreclosure, said such the contempt order against Minneapolis-based U.S. Bank, is “unprecedented.”

    Jansen says his mother’s name was mistakenly added to the mortgage he obtained in 2006, that the bank has ignored requests to remove her name from the foreclosure documents and thus wrecked her credit history, and that the bank held up a pending short sale.

    Another Sarasota judge, apparently frustrated with U.S. Bank, had ordered the bank’s president to be present in court on Friday. The bank instead sent a senior representative, who declined to comment.

    Sarasota Circuit Court Judge Charles Williams found the bank in indirect civil contempt. It is unclear what, if any, sanctions the bank will face at the next court hearing in February 2013.

    “Fundamentally, they refused to respect the court,” Jansen’s attorney, Matt Weidner, said of U.S. Bank. “What this shows is willful negligence.”

    Like many other foreclosure cases throughout the country, Jansen’s is a tale of paperwork mistakes.

    For more, see Judge finds U.S. Bank in contempt in foreclosure case


  41. BALL v THE BANK OF NEW YORK | Missouri homeowners have a right to sue securitization trusts for wrongful foreclosure

    Posted on01 January 2013.
    BALL v THE BANK OF NEW YORK | Missouri homeowners have a right to sue securitization trusts for wrongful foreclosure

    via: Gregory Leyh, leyhlaw.com

    Readers may be interested in the attached opinion holding that, despite defendants’ claim of lack of standing, Missouri homeowners have a right to sue securitization trusts for wrongful foreclosure.


    behalf of themselves and all others similarly
    situated, et al.,



    TRUSTEE FOR CWALT, INC., et al.,


    (You” need to look up the case yourself as LL won’t allow me to post the link)


  42. Hi Neal, as a foreclosure defense attorney, I am really interested in having as much ammo against Chase as possible. Do you have a declaration signed by the receiver for WAMU and/or can you get one?
    Thanks. Linda Voss


  43. i guess this will help me fight the collection lowlifes who are trying to sue me for a WaMu credit card and saying i owe the balance to Chase…..DENY DENY DENY !


  44. @E.Tolle
    I was wondering why the OCC just all of a sudden stopped the IFR as well when the deadline to apply was just recently extended again????
    Thanks for your input…sounds right on the
    mark. Now really what can we actually do
    about this? What can we the people do?
    Just watch this continue???


  45. That’s the truth, and the same is true for the Politicians, the cops, all branches of the Federal, State and Local Governments. Wall Street created illegal conflicts of interest everywhere. There is a lot of animosity by many people about the ongoing bailouts of the Public Sector. Wall Street and the Politicians robbed millions of people in the Private Sector, on MAINSTREET…. of everything….our businesses, our property, our pensions all to benefit the Government Corp and no one else. Does a Teacher, a GM worker or a Politician work harder than the small or medium sized business owner in America…..? Do investors deserve to not be taxed on their returns…..? OH HELL NO….! THE TRUTH IS…….Wall Street investment banksters and the sleazy Politicians robbed the entire Country and the traitor Politicians first attacked the Private Sector private business owners and forced us to pay for it…Now the ongoing robbery is heading everyones way because the Politicians are traitors and cowards who don’t want to make Wall Street pay for their crimes because the Politicians are criminals too.


  46. An attorney says to the Federal District judge:

    “Your Honor, since you are holding Bank of America stock in your retirement portfolio, shouldn’t you recuse yourself from these proceedings?”

    Why? I am not biased because of my holdings. And you would not be able to find a Federal Judge that doesn’t own ANY bank stocks!

    “My point, exactly, your honor.”


  47. you could say we caught a break here:

    As passed, the bill to extends the Mortgage Debt Forgiveness Relief Act and the MI deduction for one year. Both tax provisions technically expired Jan. 1.


  48. That’s right…..Null & Void….for many reasons. Mainly because the debt of the FED is so massive, it is unsustainable. The FED needs to be told to pay their own bills. They ruined the economy via Wall Street and it was intentional. The FEDSTERS are control freaks who don’t own anything because they don’t pay for anything out of their own pockets….only ours. Investment is not ownership.


  49. The last thing the real players want is Anarchy. They want controlled chaos. Stop complying, conforming and cooperating. Close your bank accounts and cut up all of their cards. Stop patronizing their Corp.


  50. the link does not work


  51. E Tolle…..never trust the politicians … they don’t work for us.


  52. The truth is, a gun ban is not going to change the fact that they really don’t know what kind of weaponry the American people already possess and where it may be hidden. There are certainly metric tons of unregistered weapons that have been passed down through the generations and that will continue for many generations to come. Intelligent people know to never trust the politicians.


  53. Off topic – but I’ve been looking over the sudden collapse of the OCC foreclosure review program, trying to read between the lines as to what really went down, and it’s glaringly obvious what the end game is here. The Independent Foreclosure Review website says:

    “….the Independent Foreclosure Review was established to determine whether eligible homeowners suffered financial injury because of errors or other problems during their home foreclosure….”


    “[borrowers can]….request a review of their case if they believe they suffered financial injury as a result of errors, misrepresentations, or other deficiencies in foreclosure proceedings….”


    “Where a borrower suffered financial injury as a result of such practices, the consent orders require remediation to be provided.”

    So, what we’ve all been told for going on two years now is that if we were robbed of our life savings and can prove it, the government was going to see that the banks had to pay in those cases where it was obvious that they screwed the pooch. I played along, spending countless hours backing B of A, that slimy, worthless bunch of rat bastard criminals into a position more indefensible than the Alamo.

    Then came the news that surfaced on New Years Eve, the very day before the checks were to be mailed to now tent dwelling former homeowners. The OCC seems to have suddenly experienced a serious and debilitating panic attack, realizing that their beloved banks had, in glaring 3D for all to see, bent over large quantities of U.S. citizens and performed en masse sodomy on countless families. The HuffPo article describing this mass rape said:

    “The data suggests that of the 4 million families who lost their homes to foreclosure since the housing crash, more than 400,000 had some bank-caused problem in their loan file.


    “Some of these mistakes pushed homeowners into foreclosure who otherwise could have afforded to keep their homes.”

    So the story has always been fairly simple to follow….the government is constantly being caught pretending to slap the criminal banks when it’s way too obvious to sweep under the rug, and, according to the OCC, we, the people, were finally going to get a pittance of our original investment that we put into our homes back from the perpetraitors [sic intentional] of the heinous crimes.

    But wait! What’s this? Has the story suddenly changed? The New York Times recently wrote:

    “Banking regulators are close to a $10 billion settlement with 14 banks that would end the government’s efforts to hold lenders responsible for foreclosure abuses like faulty paperwork and excessive fees that may have led to evictions, according to people with knowledge of the discussions.”

    I wasn’t aware that this was the final action against the banks. Is this The Great Release? The final gasp as was had in the state’s AG release of all criminality? Go forth bankers and prosper, promising to commit no more “faulty paperwork”, you know, the kind of faulty paperwork that has booted 9 million families from their homes since 2007, and soon to be another 9 million before we’re done. Let’s all simply forget that borrowers have lost $8 trillion in home equity (in the last 4 years alone) and that 11 million people are currently underwater on their mortgages. All of this is totally unprecedented and all is the result of fraud. And guess what? All that money wasn’t lost. It was gained, by the very same criminals that set this entire scheme up to fail. Our loss always equals their gain. With absolutely no pain on their part. They’re soon to be free and cleared of any wrongdoing.

    Now comes another switcheroo…..the OCC is suddenly saying, “Watch my left hand very carefully….keep your eyes on it….” and while we’re all dazed and waiting for the relief promised to us all from getting introduced to curbs across America, they suddenly rewrite the intentions of any relief. The sudden collapse of the review is now being clouded into new verbiage, suggesting a different tactic than what had been agreed upon. The leaked release on the New York Times says:

    “Most of the relief in both agreements (AG and OCC) is meant for people who are struggling to stay in their homes and need the banks to reduce their payments or lower the amount of principal they owe.”


    “Under the terms of the settlement being negotiated, $6 billion would come from banks to be used for relief for homeowners, including reducing their principal, helping them refinance and donating abandoned homes, the people said.”

    Oh I see. It’s all so very clear now. This is simply another QE, only on a nationwide scale. Instead of compensation going directly to borrowers for illegalities committed during fraudulent foreclosures, monies that could aid them in resettlement after illegal evictions, they’ve changed their directive and are now going to give money to borrowers who agree to new contractual conditions, and who agree to give the money back to the banks. Unfuckingbelievable! The OCC learned from HSBC exactly how to launder dirty money! What a crime spree! 10-31….crime in progress!

    The OCC, OTS, and the Fed, realizing the error of their ways and not wanting to create a moral hazard by benefiting borrowers at their beloved bank’s expense, have changed the rules with seconds to go on the game clock. Instead of the formerly agreed upon relief, they’ve decided they can sneak in another backdoor bailout, in the form of en masse title laundering through new contracts and bank tax relief through abandoned home donations. Exactly how does that fit with the original OCC stated plan, of helping those who were duped by fraud?

    Yet another fee to be paid by the criminals to the government, the very same government who allows banks to borrow money at near zero percent interest. It’s hard not to be reminded of what finally sent Martin Luther over the abyss, that practice whereby the church condoned attaining freedom from God’s punishment for sins by simply purchasing church releases with money. Only here in our much more civilized day, the bank’s criminality is allowed to go unpunished save for a small fee, and it’s all because the backdoor of the Beltway is the front door of Wall Street. It really is just that simple.

    One more point….many of us, myself included, are in litigation with these criminals. When I sent in my review, I had absolutely no idea that B of A would actually be snuck in the back door to review my files themselves. Has this injured me? I had no prior knowledge that this agency would turn over my legal files to the adversary I’m facing in a court of law. Is this actionable? It damned well should be.

    And we, the people, have watched as two more years were clicked off the statute of limitations game clock, expecting yet again that something would be done to halt the spread of tyranny. Fat chance.

    The only truth that can be gleaned from the OCC’s foreclosure review program and website concerning the corrupt magic act they’ve just pulled off is down at the very bottom of the page where they write:

    Watch out for scams – there is only one Independent Foreclosure Review

    And thank God for that.


  54. This is in a nutshell a summary of ALL the fraud !!!!


  55. The local news reporting the FED is outlawing 75 watt bulbs…This is what tyrants do. They tell you what’s not good for you and they take it away. HELLO..that is a dictatorship… Time to abolish the FED tyranny and get back to our original Constitutional Republic…


  56. The truth is, WE THE PEOPLE no longer trust them, and when they lost that, they lost their means of complete control.


  57. This is certainly only the tip of the iceburg but, it is a step in the right direction. They are certainly not going to tell those who are still paying the FED is in default to the American people and they owe US all of our properties plus gazillions of dollars in usury & origination fraud. The tables are turning on the crooks at last. They aren’t going to collapse the entire economy and seize everything we already paid for with this stuff floating around. They would not want a situation they could not completely control. They are way more deceptive than that. They certainly will continue to steal properties and our wealth for as long as WE THE PEOPLE will cooperate but, I see a complete seizure of everything as highly unlikely because they know we are armed to the hilt. NEVER GIVE UP YOUR GUNS AMERICA…..UNDER ANY CIRCUMSTANCES…..that is the only thing keeping us free…


  58. The case is marked private; can’t read it.


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