Will the Findings from the Brief “Foreclosure Review” Process Be Released?

“The truth is that they stopped the review process and “Settled” because the regulators were under a mandate to protect the banks. They were finding far too many wrongful and illegal foreclosures. The investigator testified that the small sampling they used was not random but rather designed to show how few foreclosures were illegal. But even that showed that at least 6500 homeowners had been illegally foreclosed and evicted. The banks and regulators were sitting on a time bomb so they swept it under the rug with “settlements” to cover up the widespread pandemic rush to illegal, wrongful foreclosures where strangers to the transaction took title to property at a foreclosure sale by submitting a “Credit bid” in which they had absolutely no interest or authority.”  —- Neil F Garfield Livinglies.me

Not long ago, if someone told you that the government would review the foreclosure process, find that many people were foreclosed illegally and wrongfully — perhaps up to 90% — and then step in to protect the banks with a pennies on the dollar settlement WITHOUT TELLING THE FAMILIES THAT WERE WRONGFULLY FORECLOSED THAT IT HAD BEEN DETERMINED THAT THEY WERE ILLEGALLY AND WRONGFULLY FORECLOSED — you might have said, it can’t be true — things are not that bad.

Besides, you might say, how could the foreclosures have been illegal and wrongful to the point that the banks would agree to pay any settlement, even if it was pennies on the dollar. After all, as Judges are want to say “You took the loan, you didn’t pay, you lose your house.”

But in open session sworn testimony before the Senate Committee on banking and finance, under questioning from Senator Warren (see recent post for the video) that is exactly what the investigator admitted. In fact, it gets worse — they entered into the settlement to get this out of the way fast and sweep it under the rug.  And, the investigator admitted that they had not yet notified those whom the agency had already found had definitely been illegally and wrongfully foreclosed and evicted from their homes. Worse, the investigator admitted that no decision had been made when or if those families would be notified.

So here we have the government withholding information of civil and perhaps criminal wrongdoing, not informing the victims that they not only have a cause of action for damages, but that the proof is already in the hands of the regulatory agencies. And perhaps worse, this admission comes AFTER Bernanke assured Senator Warren that the victims would be notified.

So Judges, lawyers, borrowers and investors across the land and indeed across the world are still laboring under the misapprehension that when the dust settles the home will still be foreclosed. Not so.

If the real creditor has not stepped up to enforce the debt there can only be one reason — they have already been paid. And if they have already been paid, then the balance due from the borrower to that creditor is zero. And if someone else paid it, the most they COULD have is an action in contribution or unjust enrichment against the borrower; but they don’t have that right because they expressly waived it. Nonetheless, the Federal reserve is “buying” these mortgage bonds, supposedly backed by mortgage loans that we have now seen were paid or unenforceable at the rate of $85 Billion per month.

The presumption ought to be, based upon the filings of the regulatory agencies, the settlements and the sworn testimony before Congress, that the foreclosure is suspect and Judges should stop ramming these wrongful foreclosures down the throat of lawyers whose objections and arguments are dismissed without a thought. We don’t have to wait for the evidence before we decide. The time to decide is now because the evidence IS in.

And even if you can’t get the information from the regulatory agencies who claim the results to be confidential even though they admit what is in them, aggressive lawsuits against the pretender lenders should lead to huge awards to borrowers and their attorneys. What are you waiting for? Stop wasting time by delaying the cases so that the client gets another month of free rent and start being the aggressor in discovery, pleading and litigating.

Watch Elizabeth Warren Grill Regulators Over Illegal Foreclosures

A Brief Refresher on Glass Stegal From Barry Ritholtz

http://www.housingwire.com/fastnews/2013/07/18/bernanke-regulators-will-release-some-details-foreclosure-reviews

86 Responses

  1. Even though this gang of TNHarry, BobG. Bob etc can provide you legal information, my feeling is and my feeling only at this point that once they establish themselves on this site they will want to get rid of Neil beause he is really for the homeowners.

  2. @El, You can report the HS to Neilfgarfield@hotmail.com. I just did, and we can use some more sense here, horse sense or otherwise.

  3. And waaayyyy down at the bottom are posts introducing the topics of fed preemption of RESPA provisions found in state statutes, what evidence to focus on, how to elicit discovery, force compliance, deal with objections, etc. It seems no coincidence such topics would be buried by shills for the banksters and sore losers with the childish attitude that since they lost their home, everyone else should lose theirs, so post as much drivel as you can to make it as difficult as possible to deny help to warriors defending their homes.

  4. Well, here I am again, standing on ANOTHER pile of horsesh[t!
    Now we have marilyn lane cross-posting her meaningless drivel in 2 topics, and trespass spouting useless philosophy that won’t do a damned thing to save your home when you face a judge.

  5. I watch how you all work with ganging up against anyone who challenges why your on this site.

  6. The way I see it; no matter what the failings of my fellow citizens, I will attempt to impart the truth, as the saying goes: the truth will set you free and I believe that.

    No matter what the cost the few they MUST service the masses, many just don’t see! That is a human failing, as we are all human. Maybe those of us who have learned, must teach the rest and the price is a zero sum game for us, but the path will become evident, by the work done here.

  7. Seems some think all Americans do nothing. Think when one battle is lost, we sit down and grab a sweet snack.

    Some of us are effecting change and that change keeps us from getting on a blog everyday and telling people they are ‘useless’ for whatever they did to try to create something great, and as they try to fix what used to be great without going into total destruction.

    Goliath is big, but there are a lot of Davids.
    As for the generalization of Americans. I know contracts and backed out of most of them, so a lot of what Congress and that corporation in the 10 square miles of Washington DC does, has no direct link to me. I didn’t vote them in and I am unregistered in their system.

    Yes I voted in the past, and that registration comes up for renewal regularly. I have gone to the election’s office of the county and got full removal, not just an expired registration. I have stopped registering for many things and stopped getting licenses for many things.

    Getting back to our basic rights in the Republic will cause some infrequent absences, but I am one of many who are doing something different and not standing on the back of my brothers and sisters who are still trying to figure out what to do.

    I didn’t keep anyone from stealing, but I have disclosed things that were done to do it. Maybe someone has eyes to see and with more awareness they will stop it when the same thing pops up again.

    I was one of many that went to the AG office and not only gave the paperwork but had knowledge of what was wrong. No I can’t make a judge operate in honor and AG’s can’t either. There is something called jurisdictional boundaries. Some don’t cross them, some do.

    The judge crossed my boundaries and it’s all in the file. Will that make a difference. It hasn’t yet. But my job is to ‘effect change’ and someone does the cleanup, either in the physical or spiritual realm.

    As for energies, the Earth has a way of shaking off the energies that doesn’t resonate with her path. No it’s not like shaking fleas off a dog. We know how they cling on, but our physical vessels need an optimal vibration and resonance frequency to keep operating here. A change of frequency or resonance and the body starts reacting, illness, and mental reactions. Blame HAARP or cell towers or whatever, but everything and everyone is connected.

    A time will come when some vessels that we use for life, will just stop. Call it a heart attack because it just stopped, who knows. But a great cleansing will occur and no amount of talking will stop that.

    So as people do what they want to do, the also realize they are determining the vibrational frequency they chose to tune with and when the time comes, if it doesn’t fit it won’t stay.

    One of many, we are here, doing what we do, making changes, being heard, being seen, being noticed, revealing truths in plain sight and feeling the distortions put out by others whose contribution is well………..not that.

    BTW, I was born here on this soil called America and to be called any thing is to limit my true capability in spirit as I do what I came here to do, to fix and repair something I helped create at some point in my life. I know why this system is here, I see what it was supposed to do. We got lazy, we handed the responsibility to a few, they lacked accountability, we had no checks and balances, and so when they lost their integrity we had no way of helping them get it back. But we can remind them of ‘who we are’, and that memory stops them from being able to do a lot of things they had planned to do. Some are even remembering ‘who they are’ and that they are ‘playing a role’, and they are stopping to see ‘who they serve’.

    The anger is coming from feeling threatened and unloved.

    I recognize it, and it must run it’s course.

    It’s all love, whether One feels loved or not. Love will always be.

    There are NO enemies.

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

  8. I’ll get back to you, JG.

  9. Poppy
    That is a good job for Christine, funny but true.

  10. Whatever, Dolley Madison. Whatever.

  11. Your brain is your issue….using insults and berating people’s character, quite another and it IS my problem. You are no different than those you despise….denial is a bitch!

    People on this blog, that you use to bolster your own lacking in esteem, really need to see whom they are dealing with and use caution.

    And for the record, I have been watching your antics for a long time and I don’t like what I see. You are a duplicitous phony and an abuser.

    Why don’t you quit babbling and move on to something worthy of you, like a septic cleaning job!

  12. As i said… lecturing is what they do. True. People have the RIGHT to be anything they want. And I have the RIGHT to think and say anything I want about it. Including point to the fact that few (very few) Americans have the moral courage to stand up and tell it like it is. And reading that Richard Sauder column, I wouldn’t gloat about the “American” liberties…

    If you don’t like it, tough. Your problem.

  13. I am going to speak to this for the last time:

    You came here and enjoy the freedom to express what you want, but make no mistake their is a price we all pay for what we say and do, in any language or any country.

    Your intolerance again, is your right, but generalizing things you cannot or do not understand is a very short-sighted blight of all Americans.

    Everything you do and enjoy in this country was built by honest, decent citizens and is being swept away with deception. The politicians in this country are sociopaths that actually jade elections and cheat at everything, while many Americans have the heart and fortitude to think the best in people, to include “unappreciative”, “judgmental” people like you. Having the ability to vote for 1 of 2 “chosen” candidates is an abhorrent, perverse, manipulation of the principles many of us believe in.

    And I will say in closing, people have a right to be stupid, ignorant, insular, intolerant, judgmental, self-absorbed, and chronic complainers, just like you!

    Those are some of the freedoms you enjoy being part of this society, no matter it’s failings. This will evolve and people will change this, the movement is catching.

    If there is a better place for you, I might suggest the utopia you seek, may be a short plane or boat ride away!

  14. I didn’t write this. That guy is one of yours. So are Bill Black, Austin Fitts, Barofsky, Matt Taibbi and many, many others. Good company indeed…

    “By Richard Sauder, PhD.
    Intellihub.com
    July 29, 2013

    It just gets stranger and stranger.

    The silence, I mean.

    From friends and family, people I have known for years, for many years, decades even, in some cases my entire life.

    The USA becomes the world’s biggest police state, incarcerating more people than any other country in the world.

    They say nothing. Silence.

    The USA is by far and away the major military weapons trafficker on this planet.

    They say nothing. Silence.

    The ex-President of the USA, Jimmy Carter, announces that there is no longer“functioning democracy” in the USA.

    They say nothing. Silence.

    The ex-Assistant Secretary of the United States Treasury, Paul Craig Roberts, announces that there has been a “coup d’etat” in the USA and that the government in Washington, DC “lacks constitutional and legal legitimacy.”

    They say nothing. Silence.

    Headlines declare that four out of every five adult Americans are either living in poverty, or are dangerously close to slipping into poverty.

    They say nothing. Silence.

    The USA military and various, USA backed mercenary armies, including al-Quaeda invade and destroy Libya, and now Syria. Incredibly, the American government is now militarily allied with al-Qaeda mercenaries in Syria.

    They say nothing. Silence.

    Edward Snowden, the ex-NSA contractor now in political exile in the international airport in Moscow, Russia, reveals that essentially everyone, everywhere, is being spied on all the time by the NSA.

    They say nothing. Silence.

    The USA government puts heavy pressure on Internet companies to turn over all of their clients’ account passwords.

    They say nothing. Silence.

    The USA Army conducts urban military “training” in Chicago. Anyone believe that that is not preparation for urban warfare in the USA, maybe even practice for a major military operation in Chicago itself?

    But they say nothing. Silence.

    Inevitable Conclusion

    Now my friends and family are like millions of others in the USA. They are just going along to get along. They vote in the transparently criminally rigged elections — as if their vote is really determining anything at all. They send in thousands of dollars of tax tribute to the transparently criminal IRS (Internal Revenue Service — or is it really the Infernal Revenue Service?), in full knowledge that their tax dollars are funding multi-trillion dollar bailouts of the massively criminal “too big to fail” banks and other financial firms on Wall Street. They know this, they must, at some level, because it’s in all the newspapers, and still they pay, and directly subsidize a financial crime that dwarfs all other financial crimes in history. The same goes for all the torture, the illegal, immoral wars, the CIA’s narcotics trafficking, the genocidal policies of the Fortune 500 companies that are subsidized by the USA government, and much more. They know all this, and still they send the tax money in that makes all of this happen. And they consider themselves “good citizens” for doing so.

    Go figure.”

  15. “you appear awfully angry at America’s”… I’m not. I am utterly unimpressed with Americans who sit in a pew every single Sunday and are the most fearful and meanest people the rest of the week. Who cave in at the first difficulty but lecture others on what they, themselves, fail to do. Who intend to dictate to the world what to think, how and when to think it. I abhor stupidity, ignorance, insulariity, intolerance, judgmentalism, self-absorption, chronic complaining, etc. etc. And judging by the many books written by so many American intellectuals about themselves, I’m not the only one to share that opinion.

    “The vast “majority” of Americans do not agree”. Those people in leadership positions, remind me again… who put them there? And why are they still there? I stand by what I say: the great majority would rather stuff up with oreo cookies in front of the TV and become monstrously obese than take action toward changing anything.

    America, however, is a great country. Still a nice piece of real estate despite fracking, pollution and the tearing down of the middle class.

  16. Go, Poppy, Go!! Exactly my sentiments. False patriotism is just that. It does no good for anybody. The U.S. has an estimated 1000 military bases. Why is our money going for imperialistic destruction of other people and their countries. It is FULLY UNCONSTITUTIONAL. It is unfortunate that many U.S. citizens do not know what the Constitution actually says. Part of the mighty Ponzi scheme is the MUNITIONS MANUFACTURING companies that the U.S. excels in. We are the main munitions manufacturing and selling country in the world. Connected to the munitions are the mega banks and the laundering of drug money and the systemic destruction of the middle class (which includes the pension plans for states and municipalities). The members of those pension plans need to wake up. The banksters and their government cronies are going to take everything including the pension plans. They want it all. If you die, who cares. If your family has to live under a bridge and starves, too bad. It is like a fire sale–everything must go, including the middle class, the judges, ownership of property and the Constitution. I can smell something burning.

  17. And one more thing, cupcake then I’m moving on to something significant:

    The vast “majority” of Americans do not agree, our government is doing any good, engaging war with everyone. If look behind the scenes you’ll find the Haliburton’s, GE, General Dynamics, BP, etc and the CIA…multi-billions to be made shredding a country and killing innocents, for profit.

    It is all non-transparent and corrupt. The American people would “never’ sign on to have their children killed for this underhanded stuff. You need to get your observations straight.

  18. The “illustrious christine has spoken; Hear Ye, Hear Ye….

    “the world is sick and tired of Americans poking their noses in everybody’s business and resolving everything through war”.

    Talking about you and to you are very different things, you appear awfully angry at America’s? Acclimation is a part of citizenship. And the English have pulled the same shit, long before we did. You are a “foreign citizen” right?

    “and many others tend to agree with me”
    Wow, and you are on here because? We need to be put in our place, by you?

    I get it, you are trying to take over stripes ideology(different take)…and gain credibility through postings for your own agenda? Hmm, cannot figure out how many are missing this?

    Nice try…might want to curtail that venom, cupcake.

  19. Dolley Madison,

    I’m not here to “humor’ anyone and however way you feel is your business. People choose to feel as they do. Not my responsibility.

    “Takes a lot of balls to say that on here…”

    Cherokee, Hopi, Navajo, Comanche, MicMac, Iroquois, Sious, Pawnee, Apache, Cheyenne… Mexican and many others tend to agree with me. Japanese Americans thrown into camps during WWII do too. And so do Iraqi and Afghans right now. So… I’m in extremely good company. And what’s happening worldwide is a clear indication that the world is sick and tired of Americans poking their noses in everybody’s business and resolving everything through war. So… if you women don’t like to hear that, don’t read me. no one is forcing you.

    And by the way… nothing happens in a vacuum. And Karma is a bitch. Your country, your politicians, your wars, your noses poked everywhere.

  20. Elexquisitor, as to being warriors, in my state which is considered to be the ninth most corrupt state in the union, the state pension plan which includes judges has sued BONY Mellon for investment in Mortgage Backed Securities and representing them as sound investments. Yet the state judges still find for the banks. Everybody who still receives a pension from a state or local government job had better pay attention. They are coming for you, too.

  21. Elex ect
    Well said

  22. ML, you will find as you go through life, there are many different ideas and positions. You do not seem to recognize that. You need to grant basic humanity and rights to everybody. I do not always like her comments either, but she is entitled to them none the less. Diversity of opinion is very important in the grand scheme of things. This morning, I see several interesting posts. The great financial scam is starting to turn slowly away from the banks and towards the homeowner for the benefit of the homeowner. Let us never forget: if I have a pension, and it looks like the financial scam is killing my pension plan, I will not be finding for the thief. I live in a state without much money (allegedly). We shall see.

  23. elexquisitor

    There are 49 other states, any thoughts about that?

    Why isn’t anyone chasing the bond issue? When weak in the game strategy must be considered, IMHO.
    Multiple suits at “all” parties that have touched the paperwork.
    Quit admitting the payments have not been made, a case killer!
    Ask for CUSIP number, should tell you what securities your loan was converted into.
    Delay answers as long as possible, Don’t give them extensions, let them fight for everything, they will do it to you…
    File a recusal at the judge.
    Ask for summary judgments
    Appeal lower court rulings, most times no subject matter jurisdiction for notes
    Make sure you respond to anything they submit, non-responses are viewed as paperwork is accurate and truthful
    Do a background search of the lawyers, very easy…they may be a debt buyer/collector, big issue some are missing.

    The list is long. My advice, leave no stone un-turned. Big shoulders needed here, the faint of heart…need not apply!

    And yes, they have more money, but consider this…they do the same things over and over, creatures of habit, this, IMHO is the weakness in all of this. Scour each and every word, the language is very important, one must know what and whom they are dealing it, as the laws vary in each and every nuance. My opinion only, not a lawyer.

  24. There are only 3 considerations for winning a case in California courts.
    1. Have more dirt on the judge than opposing counsel
    2. Have more money to throw at litigation than opponents
    3. Have more law and application than opponents, and then it’s a crap shoot because of #2 above

    So for all the crybabies here harping on #1 and #2, there is nothing the warriors in the trenches can do to change it. And as Tom Hanks so eloquently put it in League of Their Own “… crying? … … There’s no crying in baseball …”. So if you don’t have something to help the warriors in the trenches, STFU, or go write a book or something. Warriors need the space here to discuss tactics that will work, with thanks to those who showed us the tactics to avoid.

    Harping on your failures is counter productive, and exerting your egos on this site is a detriment to work that needs to be done.

  25. @ marilyn lane, on July 29, 2013 at 2:48 am
    That Christine posts:
    “HeHeHe – 95% of the worlds population are taking back what belongs to them and absolutely nothing 320 millions can do to stop it”

    That’s a very telling statement wouldn’t you say? Takes a lot of balls to say that on here, frankly. I for one, am not amused, with that
    “so-called” humor.

  26. Glad to read better discussion on here finally
    I agree with TU that its all karma and its all perfect and lines up eith universal law. Cant beat it. Ever. Deep down they know this but repress it.
    What you sow you reap do unto others as you would do to yourself
    Now when it says turn the other cheek
    I take that to mean hes got our backs.

  27. @ Trespass Unwanted
    I too thought all I would have to do is show the Judge the date the void ab initio judgments were signed in the state court and show the docket of the Federal Court Jurisdiction and since every Judge knows the law on jurisdiction (Elliot v Piersol) and since the Bank also stated they never owned the properties when it was auctioned off (the law of nemo dat), I would get my properties back prompt o but it has been cover up after coverup by the whole New York judiciary except Chief judge Jonathan Lippman, even poor Judge Lippmann doesn’t have the power he should.

  28. In addition to all the people fighting for their properties or what has been stolen from them, I see a lot of plants on this site and if you don’t object to what they say to me it is as if you are agreeing with them.

  29. @ Louise
    That Christine posts
    “HeHeHe – 95% of the worlds population are taking back what belongs to them and absolutely nothing 320 millions can do
    to stop it”

    Why would anything that American owns belong to the world To me it sounds like a communist theory.

    If Christine’s postings sound right to you, you and I think differently.

  30. Marilyn Lane,
    I’m sorry they stole from you. I really am.
    When I was going through it, I didn’t think anyone could rob me and use the system to do it.
    I also knew it wasn’t a theft until it was stolen.

    Somewhere you know people took oaths to defend and protect and did not. And people did not protect their soul and cannot connect to it like they used to.

    These things I live with daily, the fact that I can’t have ‘peaceful enjoyment of something I labored for because there is no protector from trespass in their system’, and the fact that so many were not spiritually developed and ‘drank the kool-aid’ (as they post on the internet) and a day of judgment will occur for all. Some will get their first, and others will get a judgment that reverses what our brothers and sisters had done to us.

    The Universe is infinite. There are other ways if you connect to your inner self and find them.

    As I said before, some of us are working off karma from this life, and some of us are working off karma from past lives. We know not why things happened the way they did, but must not stop when someone builds a wall on the highway we travel.

    As for Stripes, I wish her well, but life is one journey. I’ve taken many paths that have led to my absence from this blog on occasion. I don’t know of whom she seeks, but you can post that she’s looking for someone, but it does them no favor to have it posted that the one she is looking for did her wrong. The one she’s looking for is not here to defend herself from the accusation, and the internet, people can put in their name and all kinds of digital data pops up, phone numbers, addresses, sometimes if they are in a public employee directory for their job, mug shots from arrests, facebook profiles even if they are private, someone can search for you and try to friend you, all kinds of things, so be careful entering into conflicts where you only know one side of the situation.

    Much love,

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

  31. ML, I do not give a rat’s ass what stripes is looking for. Trafficking in defamation of character, libel and slander is not anything I am interested in. Get a clue! You are starting to look real bad just about now. Stop doing it, and use your good sense if any you have.

  32. fidelity- trustees deed upon sale- requested and filed by bucket shop foreclosure mill on behalf of, fidelity nat title insurance company

  33. Louise
    Stripes is looking for a Patricia Picard from somewhere around Chicago that worked for Fidelity or Chicago Title. Knowing how Fidelity plays musical chairs any thing could be possible.

  34. off topic ..but not really
    show me some solidarity after 4 awful years fighting these prize ba..rstools, my final reply to their reply brief HSBC n cohorts 9th circuit court of appeals case number 12-16192 (the court received it Friday at 10.26 am, have a gander those with pacer- should be on docket Monday- its a due process of law issue bottom line- discovery- a problem, right to amend- yeah you guessed it- a problem.

  35. ML, Repeating libel, defamation and slander is really not necessary. I saw no proof of the allegations. We should all be very careful about accusing people of things they did not do. You could get sued! Stripes was a massive waste of time. I hope she finds peace some where, but not here.

  36. UKG, You did it again. Yes. They are still stealing more money. It is un%^&*ingbelievable. When are the pitchforks and torches coming out?

  37. TU, a positive outlook is the best revenge. Sooner or later, this whole mess is going to blow up, and it will be a mighty explosion. Bet on it!

  38. My info is somewhat the same: Down payments, payments, etc…deducted from note….write off, tax credit. Balance only is collected. If hat is not enough, with an auto only, they can collect the car an sell it and anything over the amount they are required to give back and further if amount is short, they try and collect or ask the court for a judgment for the balance. Game over! Your house is not a car…if they are trying to game it that way, they are lying.

    The debt is negotiated with a buyer…or can be collected for a fee or %, usually NOT with notes. This is where you get the “inflation” of fees…taking advantage of the situation, In NC 15% (attorney fees) is allowed only, that’s the law!

    One thing: In order to collect on the DOT you must have a proper lien and why anything else is allowed is beyond me. My information, and you can read this going back to 2012, a bond trust, mortgage bond, lack of funding, no REMIC, does not and I repeat, does not carry a right to a foreclosure on your home. A revenue stream of payments, is the best they can hope for, except with these “numb-nut” judges. That original contract has been voided with the converting of the bearer note. Anything after that changes the ability to collect on the property/DOT…IMHO

  39. My format didn’t copy. There are three remedies available, but one may only elect one.

    1. pursue payment

    2. write off and a tax deduction for the loss

    3. sell the debt but only can take write off to extent of the loss:

    100k note – 35k from discount note buyer = 65k write off.

  40. carie – you and your friend might start researching “election of remedies”. I’m not being smarmy. I’m being sincere, and in fact, wish you would. A person is entitled to ONE remedy for a debt – 1) payment or 2) a write-off as allowed (but see 2 below). To elect to write-off and not continue to pursue collection OR sell the debt is an “election of remedies”.

    election two election three

    write off sell debt generally
    take tax deduction at a discount
    take tax deduction
    for loss between what’s owed and the amt realized from sale (belongs with e two)

    Election 1, obviously, is to pursue the payment of the debt. One may not have more than one of these. One MUST elect a remedy and only one. If attempts to collect, i.e.,under elec 1, are futile, 2 or 3 is available as one’s sole remedy.

    Further, because these notes are collateralized by real property, there are other rules which would be in play. One which leaps to mind is that a promise to pay doesn’t cut it (elec 3) for enforcement. The discount buyer must pay first for his interest. He can’t collect from a homeowner and then give the alleged Lender the discounted price agreed on.

  41. carie relayed:
    “When a note is charged off — it is charged-off. Note no longer exists. Cannot sell the note, because the loan that backs the note — is Charged-off!!! Thus, note/loan is gone. All that remains is collection rights to the default debt. johngault should know this. This is basic accounting.
    No, johngault shouldn’t. I don’t understand, still, how a charged off
    anything may be sold. When a debt owed one is charge off, the guy who charges off has the benefit of a tax deduction for that loss. (and that is a form of remedy, ftr.) I see nothing to sell……not “collection rights”, not nuthin’. In fact, if the thing charged off involves a note, it’s 99.99999999% likely the note must be destroyed.

  42. I agree ML, stripes was unfortunately a product of her own “inner demons”, and in a small place inside me, I get that. Anyone who recognizes that and uses it to push the dagger further in, is much more “hateful” and “insensitive”. You would think given what we are all going through one would be much bigger than that. There are those who get their “mojo” from the hurting other’s…a control thing, just like the banksters, sick personality traits. There are far better ways to handle things. My piece on it, done!

  43. Sunday Sermonette

    Banking was conceived in iniquity and was born in sin. The bankers own the earth. Take it away from them, but leave them the power to create money, and with the flick of the pen they will create enough deposits to buy it back again. However, take away from them the power to create money, and all the great fortunes like mine will disappear, and they ought to disappear, for this would be a happier and better world to live in. But, if you wish to remain the slaves of bankers and pay the cost of your own slavery, let them continue to create money.

    ~ Josiah Stamp – Bank of England Chairman, 1920s

  44. a part of the objection to the ALLY/ResCap bankruptcy filing by my attorney. Where are all those GMAC ResCap victims?

    No where in the Disclosure Statement do the Debtors inform the interested parties how they intend to meet the obligations imposed by the National Mortgage Settlement and the Independent Foreclosure Review for which AFI is liable.
    Throughout these proceedings, Debtors have given lip service to their obligations under the National Mortgage Settlement under which AFI is jointly and severally liable. AFI seeks to impose its obligations under the National Mortgage Settlement on the Debtors in
    exchange for a payment of 2.1 Billion Dollars, for which the Committee of Unsecured Creditors (Committee) superciliously congratulates itself for having “increased” above the original proposed payment of 750 Million Dollars in exchange for a proposed release of all Debtors’
    claims against AFI. The problem with this proposed arrangement is that the National Mortgage Settlement imposes an obligation in excess of 1.4 Billion Dollars on AFI and the Debtors and
    AFI is seeking payment of priority claims for the continuing funding of the Debtors’ operations of their “ongoing business” in these proceedings in excess of One Billion Dollars.
    In their proposed Chapter 11 Plan, Debtors propose a “borrowers” claims trust in the amount of a mere 57 Million Dollars, a vague “true up” of “borrowers” claims and a payment of up to 300 Million Dollars to satisfy the obligations of, it appears, AFI (which proposes to be
    released) under the National Mortgage Settlement and the Independent Foreclosure Review. On July 26, 2013, this Court approved payment of 230 Million Dollars by the Debtors to
    “borrowers” under the Independent Foreclosure Review, leaving a mere 70 Million Dollars to cover the joint liability of AFI and the Debtors under the National Mortgage Settlement, according to the Debtors’ footnote to the term sheet in their Chapter 11 Plan filed on July 2, 2013, or five cents on the dollar

  45. Poppy and Trespass
    I feel very badly for Stripes in spite of the way she posted. A lot of us would never had known how big this Ponzi fraud goes if it weren’t for her.
    I only know her from this site so I don’t know her circumstances but when I first came across her she was looking for a Patricia Picard who did her wrong and that she thought Patricia Picard and KC was one of the same person and now that Christine might have outed Patricia lets hope Stripes will be able to get back what she claims was stolen from her.
    I know many don’t agree with me but I hope we hear and see Stripes again.

  46. Poppy
    I feel very badly for Stripes in spite of the way she posted. A lot of us would never had known how big this Ponzi fraud goes if it weren’t for her.
    I only know her from this site so I don’t know her circumstances but when I first came across her she was looking for a Patricia Picard who did her wrong and that she thought Patricia Picard and KC was one of the same person and now that Christine might have outed Patricia lets hope Stripes will be able to get back what she claims was stolen from her.
    I know many don’t agree with me but I hope we hear and see Stripes again.

  47. TU
    For me it was not only shelter but a way of life I good part of my art business depended on being in the Washington Square Outdoor Art Show and without a place to live and work in the city it was not possible to continue my business that I built up over 40 years.

    I too met new friends, lived in many other places but it was and is the thieves that benefited from my labor.

  48. louise,
    I think I heard the same thing.
    Everything that was done – or not done – is in the public record.
    A court system should not receive the evidence and then take someone’s word that it’s something different than what was presented.

    I read or heard somewhere, where those foreclosure attorneys would show up in court with boxes of documents and the ‘defending’ side would not have as much. I guess that would make them appear to not be ‘armed’ for the battle to prevent a theft.

    Proof is, the paperwork is in the courts.
    They did not have to stop with what the banks had on their books, they could have extended their investigation to what was given to the law firms, what the law firms filed, and even some accounting to see who paid for what, such that if someone paid LPS to create documents it would have been available somewhere in the investigation.

    The average living male and female do not need to be drawn up into a battle over property ownership by some corporate owners who want to have more property on the monopoly board.

    We didn’t need to learn the legal language because our lives are not in the legal profession. If anything, they drop their requirements down to our level or give us a public defender like they would in a criminal complaint, and not cost us any money for the conflict.

    It’s so lopsided, if everyone who could ‘afford to buy their way out of the conflict’ did purchase their way out of it, who would stand for the meek who could not buy their way out of the conflict?

    I stand with everyone who do not need to know this stuff, and who still has a right to ‘peace of mind’, peaceful possession, and just plain peace in the world we are sharing with others who want war.

    My dispossession can serve as a template for the fraud in so many ways, and I’m glad it’s public record in not only the county clerk, but in the court where a judge was so happy to oblige the undead, that they placed their seal and signature on a document revealing who they serve. There are many witnesses to that. Nothing is secret. Nothing is hidden.

    The home did not define me, nor was it part of my pride or show of wealth. It was shelter. I treated it as shelter. So when it was stolen, I looked for another shelter. I found a location I like, with out the 30 years of bondage, I have met people I would never have met and had experiences I would never have had. I will be changing shelters soon, to another location I have decided will be favorable for newer experiences and for meeting more people I never would have met.

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

  49. It was just a figure of speech, Carie. Nothing to add other than UKG (in litigation) implying you are Stripes, Bob (handling litigated cases) asking if you were and Tnharry (managing litigation) concluding you definitely are.

    You’re not Striped and you got a reprieve, Melody. We’ve all been waiting for Anonymous (in the midst of litigation) to tell us how it panned out for her. She will. Without a mouth piece.

    Move on and grow up.

  50. Christine, that answer was in regards to another post where JG asked a specific question. I had a response for him so I posted it. Nothing to “worry” about.

  51. @TU, Notary fraud is real and rampant throughout this entire foreclosure nightmare. It is a crime to notarize something that is not perfected because the identity of the person creating it is in doubt. Most states also require a book the notary keeps with the names and licenses, etc. of the items that were notarized. I seem to remember someone posting something about the “notary books” disappearing or not being produced. Many of the so-called notaries were not registered with their appropriate states and counties at the time of signature.

  52. Touche….caveat emptor

  53. Poppy,
    I watched a movie today, this quote …. well I’ll let you see why I posted it.

    As they board the shuttle:
    Kirk: I’m not taking ethics lessons from a robot.
    Spock: Reverting to name calling suggests that you are defensive and therefore find my opinion valid.

    Huffington post had an article dated 7/24/2013 about the Independent Foreclosure Review.
    400,000 Foreclosure Settlement Checks Sent To Wrong Address

    Interesting there there is a snippet of info in every revelation.
    This one stated that although they know some people have not received a settlement check, and those people have given a proper address, and some of those checks are already returned as undeliverable; that they’ll wait until the end of the year to resend.

    Interesting because what is different about the end of the year and now? I know the new $100 bills will be released later this year. Ben is leaving, bond purchases are tapering off, banks getting out of commodities, and a few other things to ‘set things off’ as this collapses, but would a delivery later this year be some of the same old, same old, or will it include a correction for those that ‘refused’ the settlement and sent the check back (who cares if you can’t appeal a decision, if the check is not honorable you sure can send it back and let them know why you refused ‘their offer).

    I had certified copies from the court that contained a notarized power of attorney paper in the ‘force’ dispossession file. The servicer that didn’t exist conveyed power of attorney to the servicer that stole from me and the only proof of the intent was a notary stamp.

    As I comprehend, a notary stamps a document when they serve as a witness to the identity of the One signing the document, and heard an oath if the signature stated ‘on their oath’ someone was making some sort of declaration or affidavit.

    It makes no sense for a notary to be in possession of a document that did not require a signature and notarize the document ‘as if there was no one in the room when they put their stamp on it, and then allow that document to be remove from their possession for that document to be placed in a file to ‘rob someone of their right to property’. (Who gave it to them, why did they stamp a document with no endorsement, who took it from them?)

    I don’t care how busy a judge is, they could hire more staff if it is their duty to solve or referee a problem brought before them.

    That is a simple catch. I was like similarly situated people, who didn’t know ‘legal things’ and was told a suit was filed against me to take my property. I went there thinking I could show how the suit was an error. The rest is an experience I don’t wish on anyone, but many have had some version of it.

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

  54. He, He, He…reactionary responses are so cute….and spontaneous, with the kids.

  55. And Dolley Madison,

    You want to be the way you are. Fine with me. The pack mentality has been overdone as far as I’m concerned. I have better things to do than indulge your antics.

  56. marilyn:

    There are still a couple of haters on here, but they hide under the radar. Cunning in the way the information is presented, but insincere. Rally the troops, so to speak, because the presentation with stripes is terrible, but her message is not in vain, much of what she says is true. Her communication skills are sorely lacking, one would agree. Be cautious about those who hate Americans and post here for self-gratification, not for the assistance many of us desire. Keep your eyes and ears open and if you have time check some of the older blogs, the truth will be evident.

    Stripes has not been the only one thrown off here and come back, under a different name This venomous banter has been going on for some time and the instigator is just as guilty as the respondent…if you get my point! Enough said…

  57. marilyn:

    Go after the bond…they need it to stay in their job. It’s a big deal, but a caveat, you’re going to really piss them off!

  58. Elexquisitor,

    You’re getting way too specific for me. What i do is read the opinions and, whenever i find a dissenting judge, I note what the judges says, how and why. If is is something relevant to me and that I can use later, I note it. If it has nothing to do with my own situation, I don’t. As far as looking for a very specific situation such as the one you describe, the only thing I can tell you is to research and read as many opinions as you can find. Sorry i can’t help you more. The whole thing is a full time job already!

    ML:

    Stripes is gone for a reason. Leave me alone: you don’t get it and you’re wasting my time. Go play your games with your friends.

  59. @Christine – so how will an appellate judge look at the facts that a request to identify beneficiary was made under state law months before the NOD, and implementation of Dodd-Frank modifying RESPA to define that request just months before action was filed? See USC 12 Sect 2605 (h,k,f) with respect to preemption (standing)?
    The way I see it is that if before RESPA, no preemption because not mentioned and not a servicer function. If after RESPA holds, then preemption not effective because response was not timely, and so they either come under state law (with exemplary damages) or fed law (actual damages, attorney fees).

  60. Christine
    We want the Judges to follow the Constitution with the same
    precise care that a Judge Schack does not babbameisters like Judge Schlesinger does. We still have some ethical judges that defend our Constitution .

  61. Elexquisitor,

    Actually, that’s the reason I focus on judges’ dissenting opinions: no one will ever spell as well the issues of the case and articulate the arguments in a better fashion. Judges tend to be thorough: their career is on the line anytime they write something.

    We might as well learn from the pros… After all, we pay their salaries. Why not get our money’s worth?

  62. Poppy and all
    what about a class action against Judges who refuse to follow
    the law of the Constitution, this really seems to be the problem.
    Judges don’t have immunity for bad behavior and it doesn’t have to be high crimes.

    If they can lose pension money these bad judges might retire and lets get in a batch of ethical and law abiding judges

    http://judicial-discipline-reform.org/docs/no_judicial_immunity.pdfe

  63. I don’t know this as a fact, but I have always heard that judges have their retirement tied into the bonds of mortgages and the bonds from criminal cases.

    They put the instruments into the market and earn income from it. So either side of the court case will result in a payout for a judge.

    Something about CUSIP numbers and such.

    That’s the limit of what I’ve heard (hearsay).

    A judge must have conquered immortality because that is the only way to continue enjoyment of their (adjective) gains from the people.

    The act of possession carries with it the energy of ‘how it came to be in One’s possession’. There is no escape from the Universal Conscience.

    I don’t have to see anything happen, just knowing it will happen because it is designed to happen is satisfaction for me.

    What goes around, comes around. As you’ve done unto others, so will it be done unto you.

    16 And I charged your judges at that time, saying, Hear the causes between your brethren, and judge righteously between every man and his brother, and the stranger that is with him.

    17 Ye shall not respect persons in judgment; but ye shall hear the small as well as the great; ye shall not be afraid of the face of man; for the judgment is God’s: and the cause that is too hard for you, bring it unto me, and I will hear it.

    We are all connected, we are brothers and sisters and judges carry a higher duty in the creation and in conscience and many have taken their positions, (have taken the role they are playing), to a point where they have forgotten their true purpose and who they truly are and who they truly serve.

    The book says ‘Ye shall not respect persons in judgment’. Legally the definition of person is a statutory definition not the natural definition for living male and female. The statutory definition of person is corporations, associations, conservatorships, associations, aka State of (one of 50), and Bank of (some name); and that means a statutory person is always represented. How can you ‘respect’ something that doesn’t think, eat, sleep, drink, pray, love, speak, nor have a conscience nor soul. All I just mentioned, the people have and a person does not have but the person has gotten the respect of judges who will ‘rule’ in the favor of a ‘represented person’ and against every living man and his brother who has the Creator within and is standing before that judge a witness to what the one acting as judge has done as the one acting as judge is the second witness to what was done and the representative for the ‘undead’ corporate body (where the real party of interest, a living male or female, is not revealed) is the third witness.

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

  64. And the judges deserve exactly what they get for breaking the law, IMO! The constituents are far more important than the politicians. At the end of the day, this will become evident to them…it will be too late.

  65. If the Detroit bankruptcy has any meaning or traction, many judges are going to be looking at no pension for them when they retire. You don’t have to be a rocket scientist to see that many other cities and towns are hovering close to bankruptcy.

  66. @Christine – thank you for the dissenting opinions. I especially liked the judge that pointed out 3 appellate decisions that referenced state cases which in turn all pointed to a single federal decision. In terms of legal consideration state case law takes precedent over fed decisions unless there is a question of jurisdiction.

    And that got me thinking about my case in CA where I have a cause of action allowing request for identity of note holder that occurs before a notice of default, which went unanswered, thereby causing the default. An orchestrated effort by the court and opposing counsel to use sandbagging tactic to introduce federal preemption issue in summary judgement is the result. The odd thing is that Fannie Mae’s own ‘security instrument’ template on their website references the state statute I used for the QWR (on their last clause for CA loans).

    So clearly the push by banksters is to have compromised judges create law to secure their retirements against devaluation to obscure the tie between lender and borrower that is never contemplated in the contract negotiation.

  67. Good for you trespass….I see what you see. There are different kinds of messages herein; some, given the presentation and platform are much more dubious than the obvious one’s, which sit quite nicely, under the radar, but none the less toxic! None so blind for those who cannot see…

  68. Carie, remember vibrations.
    If they don’t match, don’t bother.
    One who has many doors closed on them will close many doors.
    People who don’t feel loved, do unloving things.

    What we do is keep the doors open, and show love.
    It doesn’t matter whether it makes a difference, but it does draw the Law of Attraction to bring to you what you’ve given to others.

    I’ve learned a lot from unlikely places. Not everyone can contribute a diatribe that will equate to a full course in anything, but all being one, we carry a piece of the whole, and I enjoy the journey of tapping another ‘self’ for a piece if the whole I don’t have.

    My very own scavenger hunt.
    Everything living thing has a purpose.
    I was bit by an ant today and a friend wanted to kill it when they saw it fall off my ankle.
    I asked them not to kill it.
    Their response was that I was like some budda. An additional comment was that they’d only preserve the life of things that could be kept as pets like raccoons or skunks, but not ants.

    I didn’t continue the conversation in any manner, I just listened as they expressed what it was they wanted to express. I got the experience of seeing life from their point of view.

    Preserving judgment for the One who created them, it was neither right nor wrong; since both were created and all is allowed.

    To thy own self be true.

    As for the article, Neil is on point. There is a lot of frustration in the hidden knowledge that people have been robbed by the ‘force-ment’ of the contract that didn’t belong to the people who used force to make themselves a party to it.

    A judge with a real party trying to defend, and a representative that never reveals the real party has no scruples in their court room. so they go by ‘rules’ of their space. One side of the equation will ‘always’ be respresented. In cases where it’s the ‘State of (one of 50)’, that party is always represented by the ‘prosecutor’. The one who created the charge is bumped down to a witness, so the real party is not there when its ‘living male/female’ being pitched against the ‘always represented ‘State of (one of 50)’.

    Why would anyone expect a judge to do anything different when two sides of the dispute are in the court room and one side is always represented and never reveals the ‘real party’ in the dispute.

    The judge has years of deciding for ‘invisible’ parties, in the name of ‘undead’ corporations who are brought to life by a representative.

    Our very own Frankenstein on a daily basis, who gets the home that built by life, and maintained by life, and actually had life spend it’s energy in that space. Frankenstein, a corporate body given the brain of the representative, gets the home, because the court room has no capacity for recognizing ‘life’ in a corporeal body within it’s judicial boundaries.

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

  69. Carie,

    I do have a burning question…

    Do you read things we can’t see? You’ve been answering a lot of people with that anonymous prose, even though those people have not posted anything or asked any question. I’m getting concerned: seeing things no one else can is a sure sign of schizophrenia. This is truly worrisome…

  70. Louise,

    No need to… “Hey, as a former regulator, why don’t you come work for me and tell me what I’m not doing right. I don’t seem to be making as much profit as i should. There’s got to be some regulation i’m not circumventing correctly… Tell you what: jack up my profit and I’ll make sure you get thoroughly rewarded. By the way, who do you have in your pocket in Congress? Any dirty little secret i should know about?”

    If i recall, that was part of the “Change we can really believe in!”

  71. Christine, you should see what I had to go through to be vetted to work at a different law firm. How come these guys never get the real “vetting” they deserve? Do I smell something burning?

  72. The more things change and the more they stay the same…

    A Legal Bane of Wall Street Switches Sides

    2013-07-25 — nytimes.com

    “They all wanted the benefit of his experience as a terrorism prosecutor and enforcement chief at the Securities and Exchange Commission. Six months later, lawyers briefed on the matter say, Mr. Khuzami has accepted a job that pays more than $5 million a year at Kirkland & Ellis, one of the nation’s biggest corporate law firms. In doing so, he is following the quintessential Washington script: an influential government insider becoming a paid advocate for industries he once policed.”

  73. Oh gee! What a surprise! This is surreal. Unemployment is through the roof, those who defaulted where those who had been hit by job loss, chances are they’re still economically shaky. A modification ain’t gonna help if those people don’t have an income for a while.

    The question is: suppose they lose their house and are kicked to the curb, they still need an income to pay rent. Anybody doing anything about that part?

    http://www.moneynews.com/US/tarp-home-defaults-mortgages/2013/07/24/id/516799?s=al&promo_code=14496-1

    TARP Audit: Housing Recipients Re-Defaulting in Alarming Numbers

    Wednesday, 24 Jul 2013 01:27 PM

    By Sandy Fitzgerald

    Nearly one-third of the homeowners who got help through the government’s main foreclosure prevention program are defaulting again on their mortgages, according to a government watchdog’s report.

    The Home Affordable Modification Program (HAMP) has worked on 1.2 million mortgage modifications since it started four years ago. Of those, more than 306,000 borrowers have defaulted again on their loans, and another 88,000 are at risk as well, reports CNN…

    …People who default are following “clear patterns,” the SIGTARP report found. For example, homeowners most likely to default again are the ones who got the smallest reductions in their mortgages [duh!], who were still “underwater” on their mortgages [duh again!], or who had subprime credit scores and high debt when their mortgages were modified.

  74. Something is happening more and more even at the level of the appeals courts: while reversals are still few and far between, fewer decisions are being reached unanimously. More and more I see a split panel with one judge openly dissenting, with a very good analysis of the facts. That’s a good sign. It tells me that judges are becoming increasingly uneasy about the foreclosure situation.

    It’s interesting to read the blurbs from the dissenting judges. They give a pretty good idea where they’re coming from and there is a legitimate effort to look at every issue raised.

    http://www.supremecourt.ohio.gov/rod/docs/pdf/11/2013/2013-ohio-3206.pdf

    COLLEEN MARY O’TOOLE, J., dissents with a Dissenting Opinion.
    {¶37}
    I would reverse and remand. I respectfully disagree that a mortgagor
    faced with foreclosure should not be allowed to raise a failure of the assignment of the note and/or mortgage between the original mortgagee, and an alleged subsequent assignee.
    {¶38}
    I do believe that the cases relied on by the majority are premised upon
    different facts than the case at bar. The majority cites to the decisions of the Eighth District in Rudolph , 2012-Ohio-6141, and Unger , 2012-Ohio-1950, as well as that of the Tenth District in Locke , 2012-Ohio-4499, for the proposition that a mortgagor lacks standing to challenge the validity of the assignment of a note and/or mortgage. In turn, each of these decisions relies on that of the Northern District of Ohio in Bridge v. Aames Capital Corp. , 2010 U.S. Dist. LEXIS 103154. I find this reliance misplaced.
    {¶39}
    The Superior Court of New Hampshire’s analysis in
    Newitt v. Wells Fargo
    Bank, N.A.
    , 213-2011-CV-00173, 2011 N.H. Super. LEXIS 60 (July 14, 2011), is on
    point. As that court notes,
    Bridge
    was a quiet title action, instituted by the mortgagor
    against the assignee of the mortgagee, in which the burden was on the mortgagor to
    establish her case, and thus not properly applied to a foreclosure action.
    Id.
    at *7-8. In
    foreclosure actions, the burden to establish a prima facie case, including standing, rests
    upon the mortgagee or its assignee.
    Schwartzwald
    , 134 Ohio St.3d 13, 2012-Ohio-
    5017, ¶20-28.
    {¶40}
    Second, the decision in
    Bridge
    issued before that of the Supreme Court of
    Ohio in
    Schwartzwald
    . In that case, the Supreme Court made it clear that standing to
    bring a foreclosure action is a matter of constitutional dimension, and that standing,
    including being the valid holder of the note and/or mortgage, must be established at the
    time the action is commenced. I respectfully cannot find that an assignee under an
    improper or invalid assignment from a mortgagee, has such standing. In this regard, I
    find the reasoning of the court in
    Newitt
    persuasive:
    {¶41}
    “[Wells Fargo] argues that [the Newitts] may not challenge the
    assignment, and therefore Wells Fargo’s standing as the mortgagee, because RSA
    479:25 allows the mortgagee or its assignee to foreclose without judicial authorization
    by exercising the power of sale. Wells Fargo therefore appears to argue that at no point
    must the mortgagee, when its power to foreclose is challenged, establish that it
    obtained its rights to the mortgage pursuant to a valid instrument. This argument is
    circular: a mortgagee may foreclose because it is the mortgagee, given that RSA
    479:25 allows the mortgagee or its assignee to foreclose. Wells Fargo overlooks the
    caveat that if it never obtained the mortgage, i.e. if the February 23, 2010 assignment
    16
    was invalid, it is not the mortgagee and never qualified for the protections of RSA
    479:25. To hold otherwise would be to allow any self-proclaimed mortgagee or
    assignee to foreclose on any property by invoking RSA 479:25.”
    Newitt
    at *4-5.
    {¶42}
    I agree. Mortgagors should be allowed to attack the validity of an
    assignment between a mortgagee and assignee: indeed, pursuant to
    Schwartzwald
    ,
    assignees should be required to prove they received the note and/or mortgage through
    a valid assignment.
    {¶43}
    Finding appellants’ argument persuasive, I must respectfully disagree with
    the concurring judge’s conclusion that res judicata bars this appeal. As our colleague
    Judge Rice wrote recently:
    {¶44}
    “In
    Schwarzwald
    , the Supreme Court held that standing is required to
    present a justiciable controversy and is a jurisdictional requirement.
    Id.
    at ¶21-22. The
    Court held that, because standing is required to invoke the trial court’s jurisdiction,
    standing is determined as of the filing of the complaint.
    Id.
    at ¶24. * * * Further,
    because standing is jurisdictional, it can never be waived and
    may be challenged at any
    time
    .
    See Pratts v. Hurley , 102 Ohio St.3d 81, 2004-Ohio-1980, ¶11. * * *.
    {¶45}
    “This court in Rufo [2012-A-0011] held that, pursuant to Schwarzwald , courts of common pleas have subject matter jurisdiction over justiciable matters and that standing to sue is required to make a justiciable case. Rufo at ¶28. Thus, without standing, a case is not justiciable and the court lacks subject-matter jurisdiction.
    Id.
    When the trial court lacks subject-matter jurisdiction, its final judgment is void. Id.
    at
    ¶15.” (Emphasis sic.) Bank of New York Mellon Trust Co., N.A. v. Shaffer , 11th Dist. No. 2011-G-3051, * * *Ohio * * *, ¶24-25. 17
    {¶46}
    Res judicata does not attach to a judgment which is void ab initio.
    State v. Wilson , 73 Ohio St.3d 40, 45, fn. 6 (1995). Pursuant to Schwartzwald , no justiciable controversy exists between an assignee of a note and/or mortgage, and the mortgagor, if the assignee does not hold the note and/or mortgage at the time the foreclosure action is filed.
    Schwartzwald , 134 Ohio St.3d 13, 2012-Ohio-5017, ¶20-28.
    Consequently, in this case, if appellee did not have a proper assignment of the note and/or mortgage, there was no justiciable controversy between the parties, the trial court lacked subject matter jurisdiction, and res judicata never attached.

    {¶47}
    I respectfully dissent.

  75. Another one B of A lost.

    http://www.supremecourt.ohio.gov/rod/docs/pdf/9/2013/2013-ohio-3228.pdf

    STATE OF OHIO ) IN THE COURT OF APPEALS
    )ss: NINTH JUDICIAL DISTRICT
    COUNTY OF SUMMIT )
    BAC HOME LOANS SERVICING, LP fka
    COUNTRYWIDE HOME LOANS
    SERVICING, LP
    Appellee
    v.
    GARRICK P. MCFERREN, aka
    GARRICK MCFERREN, et al.
    Appellant
    C.A. No. 26384
    APPEAL FROM JUDGMENT
    ENTERED IN THE
    COURT OF COMMON PLEAS
    COUNTY OF SUMMIT, OHIO
    CASE No. CV-2011-06-3570
    DECISION AND JOURNAL ENTRY
    Dated: July 24, 2013

    {¶14}
    Mr. McFerren has set forth argument s concerning the legal effect of splitting the Note and Mortgage from the inception of the transaction.
    3
    Bank of America argues that Mr. McFerren has no standing to assert defenses which relate to the legal effect of the prior assignments of the note or mortgage.
    4
    However, we need not address those arguments, as the record before us doe s not allow us to conclude that BAC was the owner of the Note when it initiated the action.
    {¶15}
    Mr. McFerren’s assignment of error is sustained.
    III.
    {¶16}
    In light of the foregoing, the judgment of the Summit County Court of
    Common Pleas is reversed, and the matter is remanded for further proceedings consistent with this opinion.
    Judgment reversed, and cause remanded.
    There were reasonable grounds for this appeal.
    We order that a special mandate issue out of this Court, directing the Court of Common Pleas, County of Summit, State of Ohio, to carry this judgment into execution. A certified copy of this journal entry shall constitute the mandate, pursuant to App.R. 27.
    Immediately upon the filing hereof, this document shall constitute the journal entry of judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the period for review shall begin to run. App.R. 22(C). The Clerk of the Court of Appeals is instructed to mail a notice of entry of this judgment to the parties and to make a notation of the mailing in the docket, pursuant to App.R. 30.

  76. Here you go, @johngault (from you-know-who):

    When a note is charged off — it is charged-off. Note no longer exists. Cannot sell the note, because the loan that backs the note — is Charged-off!!! Thus, note/loan is gone. All that remains is collection rights to the default debt. johngault should know this. This is basic accounting.

    And, many people get harmed in court because they do not use correct terminology. Charged off accounts/notes cannot be sold. If debt collector states “account was not sold” — they are correct. Charged-off accounts are dead — and the account/note/loan cannot be sold. What IS sold is the collection rights to the charged off account/note/original loan. That is all that remains. Must use “collection rights” as terminology.

    Forget MERS for the moment, and bifurcation. Not relevant. MERS is a separate issue, because MERS blocks disclosure of actual owner of note BEFORE the note/loan is charged off/sold.

    Further, MERS was rarely used in valid GSE loans/refinances.

    MERS was set up to cover actual debt collection rights.

  77. “…start being the aggressor in discovery, pleading and litigating…”

    Neil—how can you do that if the judge keeps saying “no discovery”—or words to that effect…?

  78. Haven’t heard a peep from my foreclosure review “players”…they probably threw all my documents and info in the trash…it’s been seven months since I sent all the stuff in…

  79. So what is the tactic to use to get evidence to make that argument attacking the credibility of our lender in court? FOIA? A class-action FOIA? A copy of the individual settlement?

    What do we have, and what can we get to add to our evidence to present to the Appellate court that the trial court abused its discretion in presuming the legitimacy of the Subject Loan and the credibility of the parties presenting themselves as note holders?

    IANAL

  80. The attempt at passing a new law (PATH) to try and make the mess and criminality go away is something we all have to keep an eye on. The banksters, title companies, mortgage brokers and originators are starting to realize that the truth has begun to come out, and the tide is turning in the homeowners’ favor.

  81. where is my $180,000 hard cash ????……Lets go to discovery !!! Or I can stay here another 480 months……I am OK with either

  82. How to get justice when no lawyers will step up?
    Our case is outside the fed settlement since DBNTC 2007 asset backed securities did not participate

  83. im sorry but this government should be accountable for its miserable failure to do any meaningful governance and investigation and hold the wrongdoers/lawbreakers accountable to every step of their illegal maneuvers to justice, white collar crime is crime, and there should be the same consequences for all men that commit such crime.

  84. All the parties who bought the Fraudulent foreclosures, not having good title should be evicted tomorrow and the Title companies who did due diligence to insure the title should pay for the moving trucks and then some,

    Not only is Fidelity Title and its subsidiaries fighting against removing the imposters from our properties they are very interested in buying back LPS Docx the maker of fraudulent documents so they can move forward with new foreclosure scams.

  85. well yes, I believe that we are/have closed in quicker than the scammers anticipated, they are in damage limitation mode- aka control fraud.

  86. I love this post. I love the smell of anti-bank napalm in the morning. The cover-up is worse than the crime, and since the crimes have been so enormous, the cover-up has to be even bigger. Hence the judges’ rulings, which not only don’t follow the law but in most cases don’t even make sense. Doesn’t matter–gotta cover-up the crimes or there’ll be millions in the streets, like Egypt or Brazil. And it will be millions of pissed-off people.

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