The Notice Letters and Legal Strategies

Now that I am actively practicing law I see the reasons for the anger and recriminations regarding the conduct of proceedings involving foreclosure. But whether the judge likes it or not the law is very clear regarding a condition precedent to the filing of foreclosure action. The borrower must receive notice. The notice must state that the borrower is in default and must also state the conditions for reinstatement to cure the default. The law is very clear that failure to give proper notice is reason enough to deny the foreclosure. It doesn’t stop the bank from coming back later after giving proper notice, but it does stop the current foreclosure proceeding.

Generally speaking you’ll find the required language in the mortgage in paragraph 22. There are other paragraphs that speak to default have the right to reinstatement —  usually in the preceding paragraphs to the paragraph 22.

Notwithstanding the law, I am finding that there are many judges who consider it to be their political mandate to push the foreclosures through to sale. They may be right as to the political mandate but they are wrong to use it in a court of law. Failure to give proper notice or any other material fact that might be in issue is sufficient to defeat a motion for summary judgment as long as it is clearly in the record at the time the order on summary judgment is entered. In Florida at least I detect an attitude from the bench which disregards the facts of the case in favor of entering judgment for the banks.

Having the facts and law on your side does not mean that you will be able to stop the foreclosure. This does not stop judges from blaming borrowers for delays in the proceedings despite the fact that it is the obligation of the foreclosing party to prosecute the action. And yesterday I saw a judge enter an order granting summary judgment despite the fact that there were dozens of facts in dispute. His reason appeared to be that the case had been hanging around for four or five years —  during which time the homeowner could have filed a motion to dismiss for failure to prosecute the action at least twice.

Of course homeowners do not know the Rules of Civil Procedure which is why I have stated so strongly and so often why they should retain counsel if they really want to keep their home.

In the course of my research on a related topic I uncovered the information shown below. It is obvious that under federal and Florida law the notice must contain information concerning the right to reinstate the loan and a demand for a specific amount of money required for reinstatement. Some banks have chosen to ignore the right to reinstatement because of their enthusiasm for obtaining a foreclosure judgment. And there are judges that will ignore the issue of notice and enter judgment for the bank. But on appeal there seems to be little doubt that the judges order will be reversed, the sale will be reversed, and the foreclosure action will be dismissed (without prejudice to refile).

Most judges appeared to approach a foreclosure case as a fairly simple matter that is very annoying to them. Instead of asking the attorney for the bank to present his/her case there are several judges who are announcing that everything seems to be in order and so judgment will be entered. While this is wrong I would caution the reader not to draw the  further conclusion that the judge is corrupt or has an agenda designed to hurt homeowners. In the eyes of the judge, based upon actual experience for several years, most defenses that have been presented to judges have been for the purposes of delay. In part this was allowed and even encouraged by the banks who were unready to fully prosecute the foreclosure action because of the potential liability for taxes, insurance and maintenance.

In my firm we generally refer clients who are simply looking for delays to other attorneys whose down payment and monthly payment is far less than what we charge. After years of writing about it I have reentered the practice of law and I am attempting to set a standard of vigorous and aggressive prosecution of the case against the bank. This of course is only possible if the bank has done something wrong. But you are not going to know that without someone going through the entire process starting with the application for mortgage and going through the present time. It also requires discovery in the form of interrogatories, requests for admission, requests to produce, and subpoenas issued to appropriate witnesses requiring them to bring documents with them.

In my opinion the more lawyers that aggressively pursue the case, the more judges will start questioning why the bank is backpedaling. Once you get a judge thinking that you are the aggressor, you have succeeded in taking control of the narrative. Once you have taken control of the narrative you can raise questions in the judge’s mind as to whether or not there might actually be something wrong with this particular foreclosure action.

I don’t deny that there is a value to any homeowner in getting free rent or no mortgage payment and that an attorney might be useful in maximizing the length of time in which the homeowner is not required to pay anything. It might be the only way that the homeowner can recover part of his or her investment. But delay tactics seem to dominate the litigation landscape. So it should come as no surprise that any judge would approach a foreclosure case with the assumption that the debt is valid and that the documents are in order; the only question left is when will the sale take place.

My mission, as I conceive it, is to make some changes in the litigation landscape. Specifically, I think that with proper pleading and discovery, it may be revealed that the party seeking the foreclosure lacks any ownership interest in the loan and lacks any authority to represent anyone with an ownership interest in the loan. I also think that the amount demanded for reinstatement or redemption is also misstated in that the borrower is not getting the benefit of offset from third-party payments that should be credited to the account in which the loan receivable is held. In short, I still believe what I said six years ago, to wit: as crazy as it might seem, the loan was prepaid at the time of origination and then repaid several times over after which it was then sold to the Federal Reserve probably multiple times  and sold two government-sponsored entities multiple times. If the loan is paid (several times over, no less) then there can be action to collect on it, least of all foreclosure.

While the presumption is on preventing a homeowner from getting a free ride, courts have been giving the financial industry the equivalent of corporate welfare with each  foreclosure sale. And in doing so they have actually stripped the true creditor from any collateralized claim and further stripped the true creditor from making any claim at all. The beneficiaries of this idiotic system are obviously the banks. The victims include everyone else including the investors, insurers, taxpayers, borrowers, and the Federal Reserve. Of course in the case of the Federal Reserve, it knows that it is a victim and that it is buying completely worthless paper from the banks who have previously sold the same paper to others. That doesn’t seem to matter to the federal reserve and so far it doesn’t seem to matter to any of the judges sitting on the bench.

http://www.credit.com/credit_information/credit_law/Understanding-Your-Foreclosure-Rights.jsp

http://floridaforeclosurefraud.com/2010/03/notice-of-default-prior-to-acceleration-whats-in-your-mortgage/

http://stopforeclosurefraud.com/2011/06/09/fl-2dca-reverses-sj-acceleration-letter-failed-to-state-the-default-as-required-by-the-mortgage-terms-konsulian-v-busey-bank-na/

52 Responses

  1. Hi Neil,

    I am just wondering if your firm has won any cases based on the SOL in Florida? Everyone I talk to gives a different meaning for the State of Florida. Is it 5 years past first missed payment? 5 Years past 30 year mortgage? 5 Year past acceleration?

    Would would really appreciate any response back or for you to write about it in your blogs. Below is my conversation on my home with Bryan Mickler -Bankruptcy Attorney and James Kowalski foreclosure attorney. Start from the bottom and scroll up.

    Thank you for any help in advance.

    Pam Arnold 904-343-8978

    Begin forwarded message:

    >

  2. Genuinely film is the display of some one feelings; it presents the lesson to the viewers.

  3. for access

  4. If the attorneys for the banks are responsible for the bad documents, you may move to have them disqualified as material witnesses to the fraud. I know some have lost on racketeering claim, but I believe that, if pleaded properly WITH specificity, the court can’t dismiss it out of hand.
    Not legal advice, of course, as I am not an attorney.

  5. Obamacare’s foot soldiers train to enroll the masses
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  6. Stripes
    have you seen this on nbcnews402comments

    4:19pm, EDT
    Money can’t buy love, but it can open the door to US citizenship?

  7. Trespass Unwanted

    You are so right Ignore, Ignore ,Ignore .
    Christine makes up so many stories about my case, I should not bother trying to correct her .
    Think of it as me objecting objecting objecting

  8. All of you who don’t want to believe what Stripes is saying about Commies here’s one proof for Stripes in todays headlines—–

    A massive Russian crime ring indicted Thursday stole at least 160 million credit card account numbers, federal prosecutors revealed – the equivalent of at least one account from every card holder in the U.S.

  9. I was distracted on U Tube and watched how one man stopped an illegal eviction and I wished I had you by my side when I was illegally ousted by talking the marshalls off my property.
    The marshalls write notes. I wrote my Constitutional rights on my walls If you were their they would have had to send for more paper. Ha Ha. If only we had more Stripes.

  10. Yes but the Feds are ducting the jurisdiction ? And-refused to take my case saying they did not have it even though the evidence shown they did even with resjudicat from the 7th ct of appeals since I had 2 default judgements

    Sent from my iPhone

  11. A comment put up today on Facebook by Matt Weidner which is right in line with what we’re saying here, i.e., that judges don’t follow the law, the rules of civil procedure, etc. They think, as Neil said above, that their mandate is to find against homeowners no matter the pleadings, the facts of the case, the evidence presented, and so on:

    “Your honor, I understand you just ruled against me…but I’d llike to know how you can do this…i mean, the bank introduced no affidavits in opposition, they failed to respond entirely to discovery…the rules simply do not permit them to win…..I will not respond to you Mr. Weidner….next case….and that’s the way our court system functions….”

  12. Marilyn Lane,

    The third world war may be a war for the soul.

    When you communicate with someone, and we are all anonymous, check the vibration of the communication.

    If it’s not in tune with you, you will not make a difference in the life of the One you are NOT in tuned with. What you communicate cannot register in the tone or sense you need it to.

    There are other motives for being here, and all have to find their way.
    You did not trespass on anyone by living your life according to your will. The theft is a theft, and you had no ‘need’ nor ‘reason’ to know their language nor step into their world to save your ‘right to property’.

    It takes one to know one.
    Notice no one is calling you a master chef, or a good pro se, or a decent living people. One can only convey to you a description they are used to being exposed to.

    I cannot walk up to a stranger nor dialogue over e-mail nor chat, and call anyone an adjective because to do so will show my lack of knowledge of them. Unless the introduction is ‘Hi, I’m so-and-so and I’m fat/skinny/shy/extroverted’, I can’t communicated with them and call them fat/skinny/shy/extroverted.

    As soon as I post a comment that they are ‘fat’, I have proven I know nothing about them because that is not something revealed.

    I had a conversation with someone who ‘purportedly’ displayed some form of power, and I told them. If you oppress me and I show you grace, then I have called upon the Universe to do unto me as I’ve done unto you, and so have you. Since most things require two witnesses, we have witnessed each other in this experience. The Creator in me has witnessed what the Creator in you has done to me, and the Creator in you has witnessed it to. So we are both witnesses to the same act. As such, there are ‘no’ secrets in the Universe.

    When the time comes to pay back what was given, the Law of Attraction, I have given/shown grace so the Universe will give/show grace, and you will have shown oppression, and a time will come where you will be oppressed in return.

    Some of these things we draw to ourselves to experience, and some of it is us working off Karma from this life or past lives.

    What’s constant and true is you. The rest changes. Where we live, where we work, who we meet, how long they are in our lives, how we experience conflict, how we deal with the aftermath of a conflict we experienced.

    Be true, Be you, and the rest is taken care of by the Universe.

    Job had things taken…before the news of one thing taken could be completely disclosed, news of another thing being taken was being delivered.

    As Job, do we lose ourselves in the external actions of others or do we stay true to who we are and allow the Universe to balance out the inequality and distortion.

    The universe always balances.
    Even Alaskan areas that have months of days will have months of nights.

    There will always be balance.

    Love to you and those who will come here and see the parts of us we want to reveal to them as they seek help and share experiences.

    In my case, the information I fed to the AG and FTC and other locations was part of what was used to make the ‘faux lenders’ want to settle. The settlement was not equitable, but to offer a settlement to someone you didn’t cause harm or injury to does not happen….ever! So the offer of settlement was the admission that the actions of the organizations caused some harm or injury.

    Something internal may have prompted them to ‘close the books on the situation’.

    All things are possible, including the impossible.
    Let’s watch as things move toward the impossible and remember we are life, and we have the Creator within us. There is an untapped power that would give us what we need without causing harm or injury to those who would wish it upon us.

    Someone wished harm upon you.
    The Law of Attraction has been activated.
    What you wish to happen to others, is the same thing that can be experienced by you.

    A poster on an internet blog was ill, and once posted that he prayed for the healing of everyone who was ill in the world, and he got better.

    All is One. There is no ‘other’.

    Trespass Unwanted, Creator, Corporeal, Life, Free, Independent, State, In Jure Proprio, Jure Divino

  13. I have stated before tht the figures given a homeowner must be accurate. In a recent case in NV, the dot trustee didn’t give any figures to the homeowner in the NOD. Wells Fargo later produced a letter it had allegedly sent the borrower with some figures, two mos. prior to the dot trustee’s NOD. The judge said well then they got the figures didnt’ they? No, they didn’t. By the time the NOD was issued, the figures in the NOD, and thus the reinstatement figures, would have been quite different from those in a two month old letter. Apparenty this didn’t occur to the homeowner’s attorney
    who let it stand. And the homeowner’s attorney didn’t bother arguing that those numbers must be included in a NOD, not in some separate communication. It most certainly is not just pro se’s messing up.imo.

  14. eggsistense, you are right the judges don’t follow the law. We have fully established that. As I have said before, let us move on and try to come up with other theories or methods to go around the end zone on judges and crooked attorneys. Some of the case law coming out is radically changing and in our favor. Lack of standing is one of the major case law changes coming out. Take a look at Ohio and Schwartzvald. It is a real eye opener.

  15. Christine
    As a Matter of fact
    Before I was familiar with the Internet I wrote a little book entitled Astoria Federal S & L Stole my Two Condos ,and when we were in front of Judge Schlesinger, their new nice attorney (I felt he was a decent man and attorney in spite of not having possession of my properties yet )he told Judge Schlesinger” Astoria’s CEO wants to sue me for slander” and Judge Schlesinger said”not if its the truth” and that was my advice to her about what I wrote about her

  16. Eggsistence,

    Did you notice that she’s harping on it all the time? And always calling on me for that? I don’t take crap from people like her. She lost, it’s done, time to move on. She won’t: her choice. But i will not allow her to twist the truth and my position.

    My position has nothing to do with the specifics of her case and everything to do with the TONE of the 2 judgments and the fact that she is done, finito, over, done, fertig and she refuses to recognize it.

    She won’t ignore me? Then tough! I’ll be after her until she leaves me alone. Look at 3:59. Look at 7:49. She’s looking for it. The imbecile is obsessed. Glad to oblige.

  17. LENDER

    Paragraph 22 says the LENDER must provide notice?????

    If the loan has been sold to a REMIC TRUST and is serviced by a loan servicer with no ownership of the loan….WHO SENDS THE NOTICE BY LAW???

    If the Loan servicer sends the notice is that meet the Paragraph 22 rules? Or does the notice have to be sent by the REMIC TRUST, since they are claiming to own the loan/note/deed/mortgage

  18. This bickering over Marilyn Lane’s case is hurting us, not helping us. Can’t we all acknowledge, as Neil now has, that the judges don’t follow the law and that is why Marilyn lost her cases? OK, the judges said Marilyn’s cases were frivolous and vexatious–does that make them right? No, it doesn’t, because the judges don’t follow the law. If anything, the fact that the judges said her cases were frivolous/vexatious is a big indicator that her cases more than likely actually had lots of merit and the only way the judges could come up with to dismiss her causes of action was to label her as frivolous and vexatious.

    Why is everyone turning against one of our own–i.e., Marilyn–when it is the judges who have turned against all of us and have not given Marilyn a fair shake? You know, until Neil got back into practicing law, he would often say in his blog posts that lawsuits were all about the pleadings and that if one would only plead correctly, judges would have no choice but to rule in your favor. The implication was that if you lost, your pleadings were insufficient in some respect. However, as he points out above, now that he’s practicing again Neil has seen for himself that pleadings don’t matter since/if the judge is dead-set against ruling against the homeowner.

    There is no reason for anyone here to take seriously anything a black-robed devil says (with precious few exceptions)–and then use it against one of our own–because the cat is out of the bag: THE JUDGES DON’T OR WON’T FOLLOW THE LAW!

  19. ML,

    There’s something else you hold: the title for the most incredible bad faith, moronic imbecile who should never have been given access to a court and is ruining it for every serious homeowner in the fight.

    Because of imbeciles like you, who don’t get it and can’t get over their sweet self, many judges have developed that knee-jerk reaction against homeowners.

    ‘What is it with Garfield attracting all the losers? And what is it with those self-absorbed, self-centered women. ML, I wish you very, very sincerely a lawsuit from Schlesinger, slapping you for defamation of character and slander and I wish you to get fined so heavily that your condos end up a non issue in your life.

    That’s what stupidity does to me. Yours gives me hives.

  20. Christine

    I have NOT hurt one pro se defendant

    Quit blogging that misinformation.

    That wacko decision by the State Courts claiming they are defiant and they don’t have to follow the law of US Elliot v. Piersol hurts the Courts .

    All the Judges standing shoulder to shoulder knew how defending Judge Schlesinger and not following the Law was illegal that they tried to hide the facts by changing the dates I was in Federal Court.

  21. Louise

    Again Christine has all the facts WRONG.
    I was in Federal Court under Federal Question of
    Article Paragraph 10 Clause 1 of the US Constitution.

    Nothing, Nothing Nothing of my case in Federal Court
    had anything to do with Judge Schlesinger. For a change
    Christine is mixing everything up.

    The motion in front of Judge Schlesinger was one issue only to MARK vacated the Void ab initio judgments signed by a State Court Judge while the case was under Federal jurisdiction pursuant to US Elliot vs Piersol.

    In fact US Elliot v Piersol states ..: if a court is without authority, its judgments, and orders are regarded are nullities They are not voidable but simply void and form no bar to recovery, even prior to reveral in opposition to them…

    So Christine I still hold the Titles to these two properties so quit posting misinformation that I am toast.

  22. Louise,

    This is a tad worse than that. Schlesinger (NY’s appelate court – state) rendered a judgment in 2008 refusing to remand ML’s case to federal court because she had waited 10 years to try and reverse her foreclosures.

    The idiot went to federal court to try and have Schlesinger’s ruling overturned. She managed to thoroughly piss off 4 judges. As I keep pointing out, no one (without exception) can survive a ruling with 5 “frivolous”, a couple of “vexatious” and 5 “bad faith” in it. She pissed them all off by her attitude.

    And she doesn’t get it. Well, in that case, people shouldn’t play lawyer. If she can’t get over that, tough! In the meantime, she’s hurt many NY pro se homeowners with that ruling!!!

    Sick of those self-centered, self-absorbed imbeciles.

  23. Poppy
    I have two properties with the same circumstances and so I filed two motions in the state court to mark vacated the two void ab initio judgments signed in NYSC while the case was under Federal Jurisdiction.
    Each motion assigned to separate Judges My first court date was with Judge Schlesinger and she seemed pleasant and understood the issue and when she offered to arrange to consolidate the two cases in front of her, I agreed.

    She in fact asked “why would the Federal Court even send these cases back?

    Astoria Federal S & L’s new attorney looking at the conflicting dates stated It’s Indemnnify Indemnify Indemnify – we are stepping aside and the title attorneys are stepping in to indemnify

    The Title attorneys Thomas Malone of Fidelity and David K Fiveson of a non existent title company he called Coronet did not want to indemnify but wanted to be intervenors I thought let the Judge explain to them the rule of nemo dat (you can’t give what you don’t have) and all they had were forged deeds since their titles were flipped by parties that didn’t own them.

    Everything was good till the title attorneys told Judge Schlesinger, “WE have Equity”
    And she looked over her glasses and said to me ‘doesn’t look good for you, You hear
    People say you can never second guess a Judge but this is the sort of a decision that the Judge has no desecration in simply because when an issue is decided in Federal Court that is the Law of the Land. be is Abortion, Segregation or Jurisdiciton

    Unlike how Christine analyzed judge Schlesingers wacko decision I did not piss the judge off, – at least not yet .

    This is the sort of decision that a Judge has to follow the law of the Federal case
    and has no desecration.(Elliot v Piersol)

    Judges like people have different personalities Like I didn’t know hers, she didn’t know mine . I thought she thought I would put my tail under my legs and hide under the carpet like Christine wants me to do

    What puzzles me is why judges trash the Constitution, it is the Constitution that gave them their position in life .If this becomes a lawless society they will go down with the country .

  24. ML, grow up Christine is not SIDING WITH THE A$%&hole judge in your case. She is looking at reality. The case law is starting to go the homeowners’ way. You will have to sue for wrongful foreclosure at some date or another.

  25. It is just my opinion here: but a host of cases either I read or have personal knowledge of have the lower courts ruling on things they have no jurisdiction to hear. This IS pervasive and part of getting traction in this system. Unfortunately, far too many people quit after getting these rulings and I suspect that is the point, intimidation.

    Not being a lawyer, one could argue I am the village idiot here, but it occurs to me, the note belongs in Federal Court, a UCC, corporate issue, as you are dealing with these corporations. Quite title issues are state issues, DOT/land operations.

    I think everyone here understands, you need to put your “big guy” pants on when dealing with this, not for the faint of heart! I have been personally told to shut up, sit down I am not a lawyer, Yada-Yada. The courts are denying all of us due process, when told; we cannot have our case properly administered in these courts, because we are pro se. If you brought the case you go first, you have the burden…The judges are violating the Constitution…end of story!

  26. Christine
    Far from being toast my case is very much alive A Judge cannot refuse to obey a decision handed down by the US Supreme Court such as in Elliot v Piersol

    But Christine since you don’t know the law on
    Void ab initio judgments you made up an answer in opposition.
    Void ab initio judgments are a nullity and have no latches.

    The time will come when a Judge who rules against the Constitution and the Law of the Land will have to face her foes.
    In the meantime I found this in the paper about another of Judge Schlesinger’s decisions.


    A Manhattan judge who presumed to dictate how the city’s hospital system should make budget cuts got a well-deserved judicial clap upside the head.
    By the time the Appellate Division got through unanimously dissecting Supreme Court Justice Alice Schlesinger’s wrongheaded meddling, it seemed that the only thing she got right was the spelling of her name…
    The Health and Hospitals Corp. faced a $1.2 billion deficient Schlesinger airily blew off HHC’s detailed decision-making as “arbitrary and capricious.” She also meddled in the kind of governmental issue that is no business of any court, the appeals judges ruled.
    Besides ignoring the facts to make a decision far beyond her authority, Schlesinger shouldn’t even have heard the case. The gang that brought the suits had no standing to do so, the court ruled.
    Members of the bench who want to make public policy, as Schlesinger seems to, are in the wrong branch of government. That’s for the legislative and executive arms.
    The Appellate Division understands that. Maybe Schlesinger now does too

  27. Stripes
    Did you put your running shoes on run to my computer to post your comment? Eggsistense who thought such a strange thing makes me laugh.

  28. ML,

    “Since Christine sided with Judge Schlesinger and her unconstitutional decision I would like to post a few sentences”

    Are you completely stupid or is it an act? Christine didn’t “side” with Judge Schlesinger. Christine simply showed you why you’re toast once and for all. Reread the two decisions, hers and the following one. The language used by the judges is damning. You’re toast. End of story. Christine has no opinion on why the judges decided as they did but she’s only telling you WHY it is NOT salvageable. In fact, Christine couldn’t care less. And Christine is done wasting her time on morons.

  29. Since Christine sided with Judge Schlesinger and her unconstitutional decision I would like to post a few sentences
    I found in an article about the NY courts .

    New York boasts that it has the best of everything, and for the most part that is true, until someone finds themselves the subject of a NY State Court Litigation or a Surrogates Court Matter.

    What the super rich from lands beyond and the not so super rich
    don’t usually know is the fact that the NYC Courts are polluted with some very corrupt and despicable Judges, Referees and Clerks. Of course this is not new, as Court corruption has been ongoing in NYC since “Boss-Tweed” and his Successors. The main problem is the farcical and archaic manner NY Judges are installed in such a powerful and autonomous position. Worse the supposed Commission on Judicial Conduct is a toothless Tiger who takes little or no action against Judges who were installed as part of the corrupt Political Machine in NYC, Brooklyn, Nassau and Westchester, etc…

    The Unified Court System in NYC has many fine and dedicated Judges, but they are the minority to the vicious, money hungry
    sociopaths who for a bribe will target a victim litigant and with their power and ability to manipulate the Rules of Law ruin the lives of their victims.
    This targeting and corruption has been ongoing in NYC for years, and has been fueled by fat-cat fixers who bribe these corrupt Judges to engage in thefts of the legal rights of others.

    We now learn that the FBI and the US Attorney are finally taking more than a passing notice to the Robberies taking place in the Unified Courts. NY State Senator John Sampson we hear is singing as to how he was threatened and bribed as to covering up Courthouse corruption, thefts, bribery and frauds.

    To these corrupt Judges and corrupt lawyers who fix and bribe, the US Constitution takes a back seat to the thefts of money, property and homes of innocent victims of these Courthouse scams.

    We have interviewed many, and reviewed thousands of pages of Courthouse Records. We have found dozens of frauds and fixes in the Unified Courthouse in Brooklyn, NYC, Westchester all

    adversly impacting the targets and all unjustly enriching the fixer and the lawyers. The Judges involved all misused the courts, allowed fraud, perjury, wrote illogical bias Decisions, targeted the Victims and robbed the rights to fulfill the fixers “Contract”. In all instances the Judges actions have been clear and convincingly fraudulent bias and taken as a whole establish that the Judge manipulated the Courtroom to rob the legal and Constitutional rights of the “Target”.

  30. @Leah Dean –

    They do the sale ‘outside the courthouse’, credit bid and all, and then go to court to have you evicted.

    A sheriff knocks on the door to deliver the ‘suit’ for eviction. Anyone answering and receiving it is presumed to receive it for the homeowner. Answer the suit quickly, it’s time sensitive. You may want to go to the court and talk to the clerk to see how you can notify the judge that certain parts of your answer are part of the exhibit and not just part of the answer.

    (I marked some things as exhibit and in court the judge admonished me that ‘she’ decides what’s an exhibit and that only happens when I show her what I want to be an exhibit. Then the ‘other side’ looked at it and gave a yay or nay on whether it could be an exhibit. Something I wrote the other side refused to accept calling it an opinion. I should have written the words ‘fact’ and ‘true correct complete under penalty of perjury’ or some other ‘key words’ to keep them from stating it’s an ‘opinion’.

    The school of “hard knocks” is a difficult educational experience.

    There’s some audios of people sharing what they know, not legal advice, informational, educational only – not much time to listen to know how helpful they will be for the cause. Search words

    show me the loan talkshoe
    what lies in your debt talkshoe

    CFPB website has a debt validation letter template. It can be used for the mortgage industry too. I would suggest not to underestimate the power of a debt validation letter or whatever template is there for mortgage companies if there is one.
    CFPB is the Consumer Financial Protection Bureau.
    They take mortgage and student loan complaints. The business has to answer them within a certain time frame.

    Please if you want to put the complaint in proper places, consider that as a place to start. Also Texas Attorney General website, as Texas was part of the 49 state mortgage settlement and the reason for the Independent Foreclosure Review.

    I can’t post the CFPB debt validation template link, if I do, my post goes into m-od-er-a-shun (spelled like that on purpose, because spelling it correctly can put it into mo-d too. That’s been my experience)

    Keep your emotions in check. This is a tough time and it will interfere with how you treat the people leaning on you while you try to deal with this added stress of theft.

    I know nothing, if i think I know something I know nothing. i do not give legal advice because I don’t know legal things.

    The third world war just may be a war for the soul.

    Trespass Unwanted, Creator, Life, Free, Independent, State, Life, In Jure Proprio, Jure Divino

  31. venu: anything coming out of Countrywide/AWL/Countrywide Home Loan Servicing to BofA,, BofA Home Loan Servicing, etc, etc, is now known to be fictitious paperwork involving assignments of mortgages, endorsements of notes, et. al. See (in Re: Kemp v. Countrywide). BONY as Trustee shows up on allonge, most endorsees are not officers. Start checking on the names on the documents you have. Get an attorney.

  32. FYI: I have posted on Yahoo or have tried to, much of this and they delete my comments, particularly on articles that talk about the banks, oil companies and foreclosures…that’s a fact. It’s happened multiple times too.

  33. Write to the Consumer Finance Protection Bureau. Your problems are the usual run arounds from banksters.

  34. We need help and advice from an attorney. We are in Rhode Island. The alleged mortgage is Bank of New York Mellon, N.A. and the servicer is Bank of America. It seems that BONY may not have the original of our Note and the loan is taken out off MERS. Upon giving Qualified Written Request, B of A sent us a computer print out of the Note even though we asked for a certified copy of the original signed in wet ink. As the loan is “Inactive” in MERS, there could be a breakage in title chain as Countrywide Home Loans did not assign mortgage to B of A when the de facto merger happened.

    We need help from an attorney who specializes in securitization process as the bank dragged us four years without modifying mortgage telling of missing documents and other lame excuses. It appears that they did not modify mortgage as they don’t have true ownership of the mortgage which follows the lost Note. Now they are threatening foreclosure. Please help.

  35. Happy greetings,
    in appreciation for everyone’s efforts I wish to share a laugh and a smile; watch this property tax song video and enjoy:

    Love and Peace

  36. the Banks »
    143 Responses
    marilyn lane, on July 24, 2013 at 5:19 pm said:
    Louise
    I am certainly willing to listen to any idea you might have to restore the quality of life that the people of this country are use to.
    I see all round me, that which Stripe is ranting about Control Control Control I lived in the property that was stolen from for over thirty two years, Now I keep moving along trying to get something decent with my dog My last two have been REAL ESTATE INVESTMENT TRUSTS They look okay but it is like training grounds for Fema camps
    The CEO of this REIT was involved in a banking scandal so he went into housing I’m on my way out of this one and today I found out if you think Credit Bureaus can be a pain, there is now something called RENTBUREAU started by Experian Credit that allows a landlord to get and give daily updates, to this rentbureau if your rent was paid on the first, daily updates if you are doing anything the landlord doesn’t like daily updates’ on everything
    Stripes is using the right word Control
    I am in a better position than most. And this new way of life stinks
    Do you have a better way to inform the country that it is not by accident that so many are having trouble with the banks , it is by plan . So many people having trouble with the Courts, not by accident but by plan. We find a Judge like Schack we cheer. We find an attorney like Neil everyone wants him to stick to their issue .
    I have a very simple issue I want this country and the courts to stick to our Constitution .
    The newspapers are apparently controlled already This should be on the front page daily .
    Give us a better idea how to get this issue noticed.
    As the saying goes the squeaky wheel gets the oil.

  37. Stan, the CAFR accounts are where the “spare or missing” money goes. California has the same problem, a huge slush fund where the money goes, and then they say the do not have any money?? Same thing in SC, where the Dept. of Revenue has been hacked seven times, and a new law was introduced and not ratified that would have helped to protect the taxpayers and the dept. of Revenue. In F%^&ing credible.

  38. Go after the judges bond folks? What have you got to lose?

  39. Perhaps somebody ought to look into Detroit’s CAFR money account that does not become part of it’s profit/loss exposure.

  40. The Federal Reserve is as much a Federal Office as Fed Ex. It was and is run by the foreign banks of Rothchild and Warbaugh with help from Rockefeller. This is where your so-called personal income tax money, even though there isn’t such a tax in the Internal Revenue Code book, goes. Its the IMF. read the Creature from Jeckel Island and you will see this is our worst enemy with the IRS.

  41. As Hydrogene was told by ranking counsel Forget about it we make to much money with the bankers

    Sent from my iPhone

  42. Thank you, Neil, for acknowledging what we’ve all been saying about the judges–i.e., they don’t/won’t follow the law. I wish I had the same upbeat attitude that you have about it–that you can turn it around if you pursue the cases vigorously enough–but I don’t believe it. I’ve said it before and I’ll say it again: the judges are THE problem.

    During the course of my case, I was always told that “judges can do what they want.” Meaning that no matter what the law actually says, the judge himself is the law. I don’t think that is what any of us were taught in mind-control central–I mean, school–but hey, I’m a big boy and can accept the real world.

    However, if it’s true that judges don’t have to follow the law, why don’t more of them just rule in favor of the homeowners? Don’t they have more in common with homeowners than with banks, in that the judges are homeowners themselves? If judges can do what they want, they should just start knee-jerk ruling in favor of homeowners, if only for shits and giggles.

  43. “The judges will NEVER, EVER be on the side of the homeowners, because the “house of cards” would fall…and they know it.”

    Read the news lately? It’s been consistently falling for the past 5 years, slowly but surely. It’s only a question of time before many of them see their own town forced to file for bankruptcy and their salaries and pensions jeopardized.

    They’ll find religion in a heartbeat!

    “Judge Clears Path for Detroit Bankruptcy Case
    By BILL VLASIC
    Published: July 24, 2013

    DETROIT — A federal bankruptcy judge on Wednesday cleared the way for Detroit’s bankruptcy case to go forward without legal challenges.
    National Twitter Logo.
    Connect With Us on Twitter

    Follow @NYTNational for breaking news and headlines.

    Twitter List: Reporters and Editors

    The decision by Judge Steven Rhodes of United States Bankruptcy Court freezes all litigation against the city during the bankruptcy process and consolidates state-level legal challenges to Detroit’s Chapter 9 filing into the federal bankruptcy case.

    The federal bankruptcy court has “exclusive jurisdiction” over the case, he said, adding, “There is no case law that holds otherwise.”

    It was a dramatic beginning to the largest municipal bankruptcy case in American history.

    The judge was attempting to put to rest a legal spat that began almost immediately after Detroit filed for bankruptcy last Thursday, the largest American city ever to do so. On Friday a state judge, Judge Rosemarie Aquilina of Ingham County Circuit Court, ruled that the filing violated the state Constitution, which protects the pensions of retired public employees. The city has been expected to seek reductions in pensions in bankruptcy court as part of its broader efforts to reduce Detroit’s estimated $18 billion in debts and other obligations.

    Judge Aquilina’s ruling was appealed by the state attorney general to the Michigan Court of Appeals, which on Tuesday issued a stay of her order pending their appellate decision.

    But on Wednesday, in the first hearing on the Chapter 9 case, Judge Rhodes approved a motion by the city’s emergency financial manager, Kevyn D. Orr, to freeze all litigation against the city during the bankruptcy process.”

  44. They need to be removed for not following the law They are making the matter worse by their ineptitude The whole system is broke

    Sent from my iPhone

  45. “Notwithstanding the law, I am finding that there are many judges who consider it to be their political mandate to push the foreclosures through to sale.”

    Same ol’, same ol’, Neil.

    The judges don’t give a DAMN about the truth of all this. You CANNOT sell someone’s home based on UNSECURED DEBT. The judges will NEVER, EVER be on the side of the homeowners, because the “house of cards” would fall…and they know it.

  46. Good luck in CA

  47. But what do you do when the judge ignores it? In my case ND from previous service was used as the basis to foreclose & when presented with the evidence they all ignored it (state, fed&state county cts)

    Sent from my iPhone

  48. Leah Dean ,,

    I understand it is in writing but has it been submitted to the court? Is it in the record or is this a letter or deposition just floating out there that hasn’t been noticed? I would do whatever it takes to get it into the official record even if you cannot find a decent attorney in time. I would also learn the procedures related to the sale backwards and frontwards and frustrate them by insisting with statutory compliance.

    You’ve got a real mess there with “AWL” an entity that never had a legal existance ,, just a trade name and BONY Mellon (THE FEDERAL RESERVE) who likely was a table lender/conduit for AWL undermining BAC… There is no proof of ownership in your case GUARANTEED.

    I would file something regarding the title ,, an official notice ,, with the clerk … outlining the facts regarding the unmarketable title due to fact#1 , fact#2 , fact#3 etc. etc. This will make the property itself WORTHLESS to the foreclosing entity although they will profit from getting the ruling and sale.

    If you have no equity in the property I would even entertain moving out and buying a demolition permit ,, you can rent a backhoe at Home Depot for about $1100 a week …

  49. If the judge does not honor the LAW he is to be removed, this is your right, they are not honoring the law……NEXT Judge please …need the judge that gets it to be the “Honorable authority” that KNOWS the law if he/she does not…that is it…. THE Law, too many laws have been broken by many of these money $luts. Time to make it stop, use the LAW, the lawful Law—legal is not always lawful, it is your protection against the prostitutes (and they are the ones that use a skill or THEIR ability in a way that is considered unworthy, usually for financial gain, bingo). Why are they not being removed and replaced!!!

  50. One acting as a Judge’ has already cast judgment; signed and sealed with their signature. Their fate locked in their life energy on the decision they made.

    Remember the movie, “They Live”. With the glasses on, the actor could see that money showed the words “This is your God”.

    Judges provide a service and you can see who they serve by the decisions they make.

    It is their seal that seals their fate long after we’ve been dispossessed.

    Trespass Unwanted, Creator, Corporeal, Life, Free, Independent, State, In Jure Proprio, Jure Divino

  51. Finding a good attorney is nigh on impossible. They are as scarce as hens’ teeth. Answer the lawsuit if there is a lawsuit.

  52. LDTX – Well on 8/6/2013 once again my home is up for foreclosure by Recontrust. Here is where the problem lies. It has been placed in writing by BONY Mellon that they hold no interest in the property. They have no say in loan modifications nor do they physically own/hold the loan or property. BONY Mellon has no say in loan modifications. All of this is clearly written. Yet, Recontrust/Bank of America are foreclosing on behalf of BONY Mellon even after BONY states they have no interest in the property. When actually did America’s Wholesale Lender transfer rights to MERS so that MERS could transfer to BONY. Also why is MERS and Bank of America calling BONY Mellon a Investor when they are the trustee for Investors.
    What have given Recontrust legal right to foreclose on the property on behalf of BONY. It is outright criminal injustice. Recontrust where and who assigned the Substitute Trustees for the Substitute of Trustee Sale to be held on August 6, 2013? Where are the attorney’s who should be educated in this matter in Texas?

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