Fatal Flaws in the Origination of Loans and Assignments

The secured party, the identified creditor, the payee on the note, the mortgagee on the mortgage, the beneficiary under the deed of trust should have been the investor(s) — not the originator, not the aggregator, not the servicer, not any REMIC Trust, not any Trustee of a REMIC Trust, and not any Trustee substituted by a false beneficiary on a deed of Trust, not the master servicer and not even the broker dealer. And certainly not whoever is pretending to be a legal party in interest who, without injury to themselves or anyone they represent, could or should force the forfeiture of property in which they have no interest — all to the detriment of the investor-lenders and the borrowers.
There are two fatal flaws in the origination of the loan and in the origination of the assignment of the loan.

As I see it …

The REAL Transaction is between the investors, as an unnamed group, and the borrower(s). This is taken from the single transaction rule and step transaction doctrine that is used extensively in Tax Law. Since the REMIC trust is a tax creature, it seems all the more appropriate to use existing federal tax law decisions to decide the substance of these transactions.

If the money from the investors was actually channeled through the REMIC trust, through a bank account over which the Trustee for the REMIC trust had control, and if the Trustee had issued payment for the loan, and if that happened within the cutoff period, then if the loan was assigned during the cutoff period, and if the delivery of the documents called for in the PSA occurred within the cutoff period, then the transaction would be real and the paperwork would be real EXCEPT THAT

Where the originator of the loan was neither legally the lender nor legally a representative of the source of funds for the transaction, then by simple rules of contract, the originator was incapable of executing any transfer documents for the note or mortgage (deed of trust in nonjudicial states).

If the originator of the loan was not the lender, not the creditor, not a party who could legally execute a satisfaction of the mortgage and a cancellation of the note then who was?

Our answer is nobody, which I know is “counter-intuitive” — a euphemism for crazy conspiracy theorist. But here is why I know that the REMIC trust was never involved in the transaction and that the originator was never the source of funds except in those cases where securitization was never involved (less than 2% of all loans made, whether still existing or “satisfied” or “foreclosed”).

The broker dealer never intended for the REMIC trust to actually own the mortgage loans and caused the REMIC trust to issue mortgage bonds containing an indenture for repayment and ownership of the underlying loans. But there were never any underlying loans (except for some trusts created in the 1990’s). The prospectus said plainly that the excel spreadsheet attached to the prospectus contained loan information that would be replaced by the real loans once they were acquired. This is a practice on Wall Street called selling forward. In all other marketplaces, it is called fraud. But like short-selling, it is permissible on Wall Street.

The broker dealer never intended the investors to actually own the bonds either. Those were issued in street name nominee, non objecting status/ The broker dealer could report to the investor that the investor was the actual or equitable owner of the bonds in an end of month statement when in fact the promises in the Pooling and Servicing Agreement as to insurance, credit default swaps, overcollateralization (a violation of the terms of the promissory note executed by residential borrowers), cross collateralization (also a violation of the borrower’s note), guarantees, servicer advances and trust or trustee advances would all be payable, at the discretion of the broker dealer, to the broker dealer and perhaps never reported or paid to the “trust beneficiaries” who were in fact merely defrauded investors. The only reason the servicer advances were paid to the investors was to lull them into a false sense of security and to encourage them to buy still more of these empty (less than junk) bonds.

By re-creating the notes signed by residential borrowers as various different instruments, and there being no limit on the number of times it could be insured or subject to receiving the proceeds of credit default swaps, (and with the broker dealer being the Master Servicer with SOLE discretion as to whether to declare a credit event that was binding on the insurer, counter-party etc), the broker dealers were able to sell the loans multiple times and sell the bonds multiple times. The leverage at Bear Stearns stacked up to 42 times the actual transaction — for which the return was infinite because the Bear used investor money to do the deal.

Hence we know from direct evidence in the public domain that this was the plan for the “claim” of securitization — which is to say that there never was any securitization of any of the loans. The REMIC Trust was ignored, thus the PSA, servicer rights, etc. were all nonbinding, making all of them volunteers earning considerable money, undisclosed to the investors who would have been furious to see how their money was being used and the borrowers who didn’t see the train wreck coming even from 24 inches from the closing documents.

Before the first loan application was received (and obviously before the first “closing” occurred) the money had been taken from investors for the expressed purpose of funding loans through the REMIC Trust. The originator in all cases was subject to an assignment and assumption agreement which made the loan the property and liability of the counter-party to the A&A BEFORE the money was given to the borrower or paid out on behalf of the borrower. Without the investor, there would have been no loan. without the borrower, there would have been no investment (but there would still be an investor left holding the bag having advanced money for mortgage bonds issued by a REMIC trust that had no assets, and no income to pay the bonds off).

The closing agent never “noticed” that the funds did not come from the actual originator. Since the amount was right, the money went into the closing agent’s escrow account and was then applied by the escrow agent to fund the loan to the borrower. But the rules were that the originator was not allowed to touch or handle or process the money or any overpayment.

Wire transfer instructions specified that any overage was to be returned to the sender who was neither the originator nor any party in privity with the originator. This was intended to prevent moral hazard (theft, of the same type the banks themselves were committing) and to create a layer of bankruptcy remote, liability remote originators whose sins could only be visited upon the aggregators, and CDO conduits constructed by CDO managers in the broker dealers IF the proponent of a claim could pierce a dozen fire walls of corporate veils.

NOW to answer your question, if the REMIC trust was ignored, and was a sham used to steal money from pension funds, but the money of the pension fund landed on the “closing table,” then who should have been named on the note and mortgage (deed of trust beneficiary in non-judicial states)? Obviously the investor(s) should have been protected with a note and mortgage made out in their name or in the name of their entity. It wasn’t.

And the originator was intentionally isolated from privity with the source of funds. That means to me, and I assume you agree, that the investor(s) should have been on the note as payee, the investor(s) should have been on the mortgage as mortgagees (or beneficiaries under the deed of trust) but INSTEAD a stranger to the transaction with no money in the deal allowed their name to be rented as though they were the actual lender.

In turn it was this third party stranger nominee straw-man who supposedly executed assignments, endorsements, and other instruments of power or transfer (sometimes long after they went out of business) on a note and mortgage over which they had no right to control and in which they had no interest and for which they could suffer no loss.

Thus the paperwork that should have been used was never created, executed or delivered. The paperwork that that was created referred to a transaction between the named parties that never occurred. No state allows equitable mortgages, nor should they. But even if that theory was somehow employed here, it would be in favor of the individual investors who actually suffered the loss rather than the foreclosing entity who bears no risk of loss on the loan given to the borrower at closing. They might have other claims against numerous parties including the borrower, but those claims are unliquidated and unsecured.

The secured party, the identified creditor, the payee on the note, the mortgagee on the mortgage, the beneficiary under the deed of trust should have been the investor(s) — not the originator, not the aggregator, not the servicer, not any REMIC Trust, not any Trustee of a REMIC Trust, and not any Trustee substituted by a false beneficiary on a deed of Trust, not the master servicer and not even the broker dealer. And certainly not whoever is pretending to be a legal party in interest who, without injury to themselves or anyone they represent, could or should force the forfeiture of property in which they have no interest — all to the detriment of the investor-lenders and the borrowers.

Why any court would allow the conduits and bookkeepers to take over the show to the obvious detriment and damage to the real parties in interest is a question that only legal historians will be able to answer.

223 Responses

  1. Yes, I do need some names, let’s see how courageous you are! And who you are willing to put out here….

    No wonder you’re losing a “suspense” account action, you’re too busy watching me…How desperate you are. I do like the attention though. Most are not interested in my business and gleefully posting what they think they know….funny.

  2. Damn it! With having a fantastic job and all, I missed that thing… And the poor thing is looking for an answer…

    Poppy, on April 28, 2014 at 11:31 am said:

    Blahblahblah, me, myself, and I and “Anyone who has been here knows full well Poppy has attached her email, county and state to the aforementioned address.” Untrue, Dolley Madison. You actually were found out by people who got sick and tired of dealing with your antics and did some digging to find out who could be so miserable. Need some names?

    Still public record anyway. And I shall keep enjoying my freedom of speech: you played stupid cards, you lost, you really have nothing to offer right now other than chronic whining and hyena style attacks, and you keep targeting the wrong people who couldn’t care less but find themselves forced to dig in. You waste my time? I’ll find the goods.

    So far you’re not growing old that gracefully. Nasty hate lines around your mouth. Grow up. The fight is going on without you and not too many people bother to address you. There’s a message in there: you got nothing helpful to offer. Not a thing. Move on. I’m done with childishness a-la-Carie. Go back to K & L Painting. It’s not doing well.

    Get to work or lose it too.

  3. B/D er’s aka Broker Dealers aka Bad Doers

  4. I know … I have issues with b/d ‘ers.

    My favorite one was still the one trying to cross into Canada with the Cash stuffed in his cowboy boots.

  5. I took your money and sold the load of lumber to 9 others too.

    Running for the Borders …..
    Let them dummies who trusted me fight it out.

  6. JG, you would be surprised how many of the dead are reserected years after the initial default. I see no Evil?

    The Title?
    The Unjust Enrichment of the snake achieved by the deceased.

  7. Why the heck some courts think they may impose absurd interpretations / bench law in foreclosure cases, got me. If I had a contract with you and I had paid you 50k for some lumber and you don’t deliver it by the date certain in the contract, you have breached the agreement on that date. period. Your continued failure to deliver
    doesn’t restart the SOL for me to nail you on the contract. It strikes me as nothing less than outrageous and absolutely unlawful to say otherwise just because it’s a foreclosure case.

  8. PS – the only thing worthy of attention is if anything which happened in
    that time (5 years from date of default) impacted the SOL, as in was it in abeyance for any part of that time? Okay, one other thing. Should a lender be able to start an action, ignore it, and then get to start its time over? Of course I say NOT, and if i had more time and inclination, I could probably prove it. But I can say this: a bankruptcy, for instance, tolls the SOL because until the time comes when a lender may seek and obtain relief from stay, it isn’t fair to count that time against the lender. But a lender’s own choice to otherwise not act is within his own control. And if a lender submits a proof of claim in a bk which is clearly not a proof of claim, he has also not tolled the SOL by his own act / omission. Most cursory look:

    “Statutes of limitations are designed to aid defendants. A plaintiff, however, can prevent the dismissal of his action for untimeliness by seeking to toll the statute. When the statute is tolled, the running of the time period is suspended until some event specified by law takes place. Tolling provisions benefit a plaintiff by extending the time period in which he is permitted to bring suit.”

    Note this say “by seeking to toll the statute”, which is a present tense verb / action, not one to call upon later. This says to me that other than a bankruptcy, say, a plaintiff must seek by action to toll the SOL for good cause shown. Six years later an “I didn’t get around to it’ or “I was busy” is not a good cause shown.
    lay opinions

  9. From Neidermeyer’s link:
    “Bartram’s foreclosure was filed in May 2006 by the Law Offices of David J. Stern, which closed in March 2011 after allegations of wrongdoing. In May of 2011, the court dismissed the foreclosure after the bank missed a case management conference.

    Eventually, the court canceled the note and mortgage and said the bank could no longer enforce its right to collect the debt.

    But on appeal, it was decided the five-year deadline to collect started anew when each mortgage payment was missed. That essentially means the bank is under no deadline to refile for the life of the mortgage, plus five years, said attorney Mike Wasylik, who represents Lewis Bartram.”

    BS. Everything I’ve read says the SOL starts to run on the date of the first missed payment. There’s no such thing as a renewal of default, which is what this is basically saying imo. By this ridiculous interpretation, there IS NO SOL. I guess you could say the contract is executory because it isn’t completed for 30 years (if that’s the term of the note), but a default happens at a time certain. Period.

  10. christine, on April 23, 2014 at 6:45 pm said:

    With that hefty forthcoming deficiency judgment on 1482 Country Club, shouldn’t you look for a real job? There has to be a point where people take stock of their losses and move on instead of spewing hatred that hurts no one but themselves…

    Not only isn’t John Wayne coming back but nor is the house. Deal with it.

    This is the actual post…above!
    Anyone who has been here knows full well Poppy has attached her email, county and state to the aforementioned address. This is no mistake…she is trying to discredit me, call me out, for her own personal credibility. Anyone with minimal skills having seen my email and related information can find this and that is the point. It is NOT INNOCUOUS! The intent is to diminish and attempt to humiliate, when all the facts are not posted. All of you are vulnerable too. She is a brute, a sadist!

    Clearly, the hatred here is coming from christine and if no one notices, what can I say! I would not behave in this way toward anyone of you, I understand your plight, christine just lives in her head and looks for perfection, where none exist.

    Pretty lofty goal, I’d say, each to their own. She has done her job well, chasing many off here. Not because she’s right or won anything, but people are better than this and “never” need to defend things to an anonymous party, who has no credentials and by all accounts is losing as we speak, with a case that is winnable! In my non-lawyer opinion…as I said before, there is no point in me coming here I have nothing to share…but in the same vein, I do not copy and past, plagiarize and insult my fellow American citizens, abhorrent behavior!

    Just want to clear the lies up…someone needs to do it!

    Good luck guys, the pot of quality bloggers is thinning…imagine that?

  11. $12,000 forced place ins policy .. stuffs expensive!
    Especially for someone who pay and carries the same for less that $1,000yr.

    Inc Co holding their 2013 payments in suspense, I don’t allow third parties to pay my bills. Its such a hassle … uh huh
    Not my problem … 3X and they still didn’t get it. hmmmm??

    Another $10,000 in legal fees to fix these errors and others. uh huh

    ughhh … pisses me off!!

  12. That address is one of the matches of the “Chrildrens Home” only a couple of blocks away from me.

    Welcome to the Club Iwantmynpv!
    2006 under my wings …. they have the nerve coming back for more.

    Keep a watchful eye my friend … Let’s whack some Moles!

  13. Iwantmynpv,

    Congratulations. That would make you a rarity. What cards did you play? And, more importantly, how?

    The thing I most critic is not what NG posits (and those are only suppositions until proven otherwise, to be used with extreme caution) but rather homeowners’ apparent inability to use rational, critical thinking, thus causing their own demise they resent then entire world for.

    Case in point: I mentioned an address a couple of days ago as having been foreclosed. Just a street name and number. No city, town, state or individual name. Critical thinking would have been: “Jeez… I wonder how many 1482 Country Club there are in the US. Could be anybody.”

    Garfied’s knee-jerk reader’s reaction was to actually place an individual’s identity to that street name and go on a completely irrational attack born out of fear, shame, immaturity, self-centeredness, self-absorption, etc. That’s how homeowners have consistently presented themselves on this site. No personal responsibility for their actions and, God forbid, no admission of having not played the proper cards for want of knowing what they are. Until people grow up, they will keep on faring poorly.

    That’s why homeowners can’t find representation and don’t seem to make headway, 7 years into that debacle: their childish attitude gets in the way.

  14. Npv
    Business as usual. They have free pass under this gov I ask you where in gods name does it end and how much can they eat

  15. @ Christine, I won my case and I did get some information from this site. So, it does have some value.

  16. @johngault

    How do i pay off in 5 years. Where do I get the moo-lah.

    It’s easy – I sell 250 million in certificates with a floating rate based off the LIBOR. I buy swaps interest rate swaps to protect the rate and keep it constant.

    I take the 250 million and purchase a billion dollars in loans with an average rate of 7 %. i am only paying interest on 250 million at an average of 4% (swap premiums included), but I collect interest on a billion dollars in investment at 7%.

    Of course it is a bit more complex – but his is the easy jist of things. It’s called leverage by the Depositor / Investment bank. Although, the investment banks originally wanted the loans to amortize out over the 30 years for trading purposes, BASEL is throwing a monkey wrench in, and they are distancing themselves and just want the assets sold at short sale / foreclosure to raise capital reserves through asset liquidation versus capital market offerings.

    The MBS battle is over – the true F-ing of the Americans is coming in energy markets – which the same scummy bunch at the reserve system banks now control and manipulate.

    What about commodities. Why did Jamie Dimon choose to purchase huge storage facilities and take possession of Aluminum versus a option contract. It’s called manipulation. When you control the physical commodity – you control the market! Now a can of anything increases in price – so scum-boy can extract shareholder value from a can of soup or diet coke.

  17. I met my burden of proof

  18. Neidermeyer, positive news,thx
    Who – is not authorized, well in my case anyway, when where time place is material but who ( standing) may get the doors to discovery opened where we have failed in past. The time is not now, but always, the truth must be told.
    Got to show beyond shadow of doubt that they are not lender nor authorized to step into their shoes. The material facts of the case are not what they have had the court presume- you must have exhibits evidencing the question of fact to raise reasonable doubt. Basic law one would think.
    As for the bulk of this thread I see my lil part of the “elephant” as others see theirs.
    It’s the perfect exhibit of behavior when referring to the metaphor- the blind man describing an elephant, ( depends which part you are feeling)

    Lay opinion not a lawyer.

  19. Obama’ gets a lesson from the student.

    Obama to the student …
    “We are going to war on Syria because the poison children.”

    The student responds ….
    “So why don’t you bomb Monsanto?”

    Smart Boy!

  20. http://4closurefraud.org/2014/04/26/u-s-bank-national-association-vs-bartram-the-beginning-of-the-end-of-the-five-year-statute-of-limitations-in-florida/

    This is serious ,, it looks like Ice is taking it to the FL Supremes … I’m feeling rather safe as I can show evidence that WF is not/was not ever the owner and make the issue “who” not “when” …

    I feel rather confident that when the Wall Street barons that bought up all the homes for their hedge funds figure out that they continue to face neverending legal bills this will be struck …

    I’m up for a bus ride and picket line action in Tally…

  21. The best and brightest say TIL,RESPA,X Z are the starting letters in the game of word play …. once you convert them into words and they come into play, you will see you are paid in advance …. its a game changer per say. from a non pro se.

    Time to Get Out the Gardening Gloves

  22. Christine had a Smile on her face, there for a brief moment ..
    What a beautiful sight to see …….
    YES!!!!

    Poppy, I Wish the Very Best for you and your Family,,
    Christine does too … she just has a hard time saying it.
    She doesn’t wish ill will on anyone …. she,( much like myself) just needs someone to put the fire out when the pot boils over.

    She really is a Good Crab Apple…… Fighting for the Right Causes.
    I Like Her!

    Many Blessings to All …

  23. 6 left and counting…java, ian, jg, charles, neidermeyer and Deborah plus 119 comments from KC…looks like 2 left standing.

    The entire blog consists of 2 bloggers. Good job Neil!

    Remember chrissy, he who laughs last, laughs best!

    Signing off…the idiot who knows nothing according to “nostra-DAME- us…a world acclaimed litigator and franchiser of the courts….let thee genuflect and admire your wisdom oh “holy one”!

    My humility is only overshadowed by my reverence and your kindness to others….

  24. Hehehe…

    The best and brightest, huh?

    Delusion at its utmost best. Surreal…

  25. I had just been discharged from the hospital from major emergency surgery less than 24hrs earlier and being held together by staples from my chest to my pelvis.

    Exiting the courtroom was some what stressful for a person who could barley walk, on pain pills and such … but dag gone it, God didn’t take My Voice that Day!
    I collapsed in front of the elevator. The Judge had me served with contempt on a stretcher by a deputy sheriff whom I grown up with everyday of my childhood.

    After my outburst about what a farce the system was .. when anyone could walk in and say “I’m scared” of someones knowledge that could be used against me, I want an O.P. …. this party cant go here or do that (because she might see me or take more pics of my private activities with those lil kiddos). I’ll get my goonies together and we will testify she violated the O.P. …

    Job … she’s discredited, her career ruined … yada yada yada

    When My Last Dime is Gone And Hell Freezes Over!

    Paid for and took a polygraph by the State. Expensive!
    Went back to court Slammed it in there Faces, Got Meself an OP against them!

    p.s. … The States polygrapher is also used on bank employees suspected of theft and/or fraud.

  26. Oh, I never appear in court without an attorney,
    I don’t want a Judge to bait me … No No No

    God didn’t Bless me with a Shut Off switch between my brain and my mouth. Its Medically documented.
    🙂 Was that a Smile I saw Christine?

  27. RE: ” Anyone won anything yet? ”

    Its never been about Winning or Losing, Its always been about how you play the game and playing by the rules.

    Morse is a Good Example!

    Bad mouthing and accusing the Judges is not a wise idea ….
    I did use my outside voice once to a Judge in court of opinion, I told him on my way out, if anything happened to me I wanted everyone to know … ” I hold him accountable”, and I wanted them to too.
    Luck struck me that day …. I left the courthouse by ambulance, as setting outside across the street at the sheriffs station was a man with a loaded gun …. the man feared the knowledge I had shared, … Good for the Children, bad for him.

    A few years later, the Judge and I are sociable, but with an understanding …..

    I have issues beyond my control with using my very passionate outside voice inside… its a medical condition called survival.

    Not Contempt of Court.

    He said he never wanted to see me in his court room again …
    I think he now understands … that’s also beyond my control.

    Fighting on the Same Side of the Law is Very Powerful, Once you understand each other.

    Many Blessings to All

    Good Night!

  28. So there we go, trying to enlist as many people as we can to a lost cause. Thing is: it was lost over and over and over. Dumb, stupid allegations judges threw out of every court, and rightfully so.

    Deficiency judgment to pay and… Oh well! John Wayne ain’t getting her out of that one. Or any other one before: just happens the guy was a confirmed racist… Why call on him now? Group therapy gone wrong. Medication should come shortly…

  29. You know I have been dealing with her back when she was Enraged…and many people left the site as a direct result of her abuse. Neil has thrown her off as Enraged. The great people have all gone and the best and the brightest left are leaving as we speak!

    Many of the things I try to share here have merit and come from professionals…across the board. Whether I succeed or not is/has no bearing on whether or not I have a case…the courts are very corrupt, let me just leave it at that, it can be proven.

    I am right about the strategy, the onset of the hearings, the pleadings and the contractual issues, regardless of what the lawyers that come here say, they are not “telling the whole truth and nothing but the truth”. Again, that will play out over time!

    I’ll go one better, KC…I am leaving this site. Neil does nothing to stop the abuse…the opinions are just fine, I’m very good with that, personal attacks and intimidation, not so much. And for the record: I am not one teeny, eenie bit afraid of her…she is a distraction, a tick on a dead dog…!

    I have enough to deal with and one would think, if she was a compassionate person, she would be kinder…she is vicious, hateful and cruel. How she lives inside herself is anyone’s guess….she is alone! I want no part of this.

    Take care KC…hang in there. I hope all here succeed and fight, fight fight, the bastards….

  30. She has a right to Poppy, we all do.
    We all have different opinions on a solution.
    I for one know she is should be pissed! Because the Kats curiosity found out the aren’t Behaving… they are doing the Same Dag Gone Thing Without any Disclosure!!!

    Give her some Space!

  31. And she has a bug up her ass every day, not my problem! She needs to get some self-control…one can only hope!

  32. KC…respect is earned. No one here has engaged her, she is the instigator….you reap what you sow!

  33. 1-800-GHOST BUSTERS…we have a “mental midget” on site… Bring pesticides and antibiotics it’s contaminated and spreading. Please Hurry!

  34. Poppy, Stop It!

    She’s baiting you. She got a hair up her butt today about something,

    When she is ready to spill the beans and get it off her chest, she will do so in her own time. In the mean time respect her space.

    I’ll get her to Smile or Laugh at least once today!

  35. Hey windbag…if you are going to check my information, try and do a good job…okay? Obviously, if you can’t get my stuff correct, it’s no wonder why you are doing so poorly in the court and personally.

    Why you continue to make a fool of yourself is anyone’s guess, but each to their own!

    Remember windbag, I won my “suspense” account case, pay attention and quit blathering about NOTHING!

  36. Oh, I’m sorry Christine, I missed your point.
    I’m a Scatterbrain …

    You don’t want me to play here, you want me to go out and do something… Ok … what?

    I’m not contagious anymore …. I know where the shovel is, do you have a body you want me to bury or expose?

    I have my Gardening Gloves On …
    I love long walks in the Woods …

    I hear some say they have saw me dragging bodies into the woods.

    It wasn’t me … but if it was .. I don’t recall nuttin!

  37. Your right Christine, people should just walk off their jobs and starve, considering how many that live payday to payday…. how long do you suppose the will survive without food? Long enough to get thrown to the street with the shirt on their back ….?

    Behave!

  38. Anyone won anything yet?

    Apparently not. Group therapy still going on. Oh well! While they play here, they’re doing nothing else and certainly not interfering anywhere important, Gawd forbid.

    Let freedom [of expression] riiiiiiiing!

    Doesn’t stop anything from happening worldwide and backseat drivers can comment ad nauseam afterwards, while still doing just about… Nothing! Kind of a recurrent theme. Must be why, 7 years into it, nothing has changed: people must like what their country is becoming. Otherwise, they’d do something to change it…

    Oops! The man-of-change is supposed to make it happen!

    A perfect world where everything perfectly falls into place.

  39. Long nap Christine, …. and you got up with your hair all ruffled and you britches in a knot again. Allergies?
    That article was posted here already, while you were sleeping.

    Followed Up by the Congress of Apes Joke….

    I know! I know!
    Life is rough without those Happy Pills.

    Grandma says Eat an Apple, Grin and Bare It!

    What ever that means…

  40. Oh, and… Dolly Madidson/Poppy…

    Newsflash: public information is… well… public!

    1482 is no secret. Nor are your stupid Sherman antitrust violation allegations and whatever other dumb court case you’ve filed. NG can do nothing for you. Public information, you see…? Want to sue your state? Go right ahead and let us enjoy that ride.

    Karma’s a bitch, isn’t it? Keep attacking and things are bound to come out and bite you. Haven’t you learned from your American subhuman TV?

  41. Poppy, they said to tell you …. the next time you or anyone else buy a house, before you close….
    “Call Ghost Busters” and make sure the deceased isn’t still living there and his assets still in trust as thou he were still alive.

    1-800-GHOST BUSTERS

  42. POLITICS: WHO’S WINNING, WHO’S LOSING, AND WHY.

    APRIL 24 2014 6:02 AM
    Meet Wall Street’s Secret Weapon

    A handful of Congress members who do its bidding.

    By Alison Fitzgerald and Daniel Wagner

    The lawmakers were at an impasse.

    More than two hours into a meeting of the House Financial Services Committee last month, the members were bickering over two versions of a bill designed to ease a new regulation that affected banks, part of the sweeping 2010 overhaul of financial laws known as the Dodd-Frank Act.

    The dispute? Whether to give the banks everything they asked for, or whether to give them even more…

    http://www.slate.com/articles/news_and_politics/politics/2014/04/house_members_who_work_for_wall_street_center_for_public_integrity_investigation.html

    That Oh! so well sums it up!

    Quite a show. And these stupid people posting here still pay their salaries, retirements no one on this site can dream of, insurance that exists nowhere but in Congress, vacation few here have ever gone on, expense accounts most never knew existed and… well, the list goes on.

    WHO’S LOSING? You are, obvious, looking at this blog. Whose fault? Duh!…

  43. Cee, there is still Hope for Poppy yet! Yaaaaa!!!!

  44. Marinkapm@aol.com….to ALL pass this on….the more the better!!!!!

    Thanks Chris for taking the time to comment on my article.

    I passed your info to Greg. The more people that know about all this the better.

    Maybe, just maybe we can finally see some justice.

    All best,

    Marinka

  45. Melissa, does that mean Neil and the Legal Eagle agree on something?

    Miracles do Happen …

    Tnharry! Nice One! Still Laughing! You Lil’ Stinker!

  46. Prosecutions? Just One? Pleezzzzzz!

    Oh Right! ….. We would have to Prosecute the Entire ……

    Big Group of APES aka “A Congress”

    Hey, would I pull you Leg? Look up Congress Yourself!

    Just for purposes of *Shits & Grins*

    I’m only the Entertainment … Anything I say is for the Purpose Only!

  47. There was a farmer who had a Dog,
    His name R.I.C.O. ……… R…..I……C…….O…….

    You could always find himmmmm
    If you knew where he hid his Scammmmmm

    Look behind the Shed,
    Look under the BS
    Look over Yonder …. its in the Land
    Its under the ……….

    Financial Institutions Reform, Recovery and Enforcement Act of 1989 (“FIRREA”), 12 U.S.C. §1833a. 2

    OH YES!

    Hey … I didn’t say nuttin about stopin my singin ….
    If you don’t like it …. you know where to find the shore!!!!!

    *Snickers & Snorts*

    KC … Cee Now

  48. http://www.marinkapeschmann.com/2014/04/24/exclusive-ny-judge-in-largest-bankruptcy-case-in-history-receives-irs-sec-whistleblower-filing/

    Exclusive: NY Judge in Largest Bankruptcy Case in History Receives IRS & SEC Whistleblower Filing
    24 April 2014 31 Comments

    **WORLD EXCLUSIVE BREAKING STORY.** **MUST CREDIT INVESTIGATIVE JOURNALIST MARINKA PESCHMANN**

    Judge Martin Glenn. Photo credit Cornell University Law School

    Creditor and Whistleblower evidence alleges securities fraud, income tax fraud and income tax evasion. Further investigation is necessary to protect millions of homeowners.

    New York City, New York – U. S. Bankruptcy Court, Southern District of New York’s Judge Martin Glenn, presiding over the simultaneous Chapter 11 bankruptcy filings of 51 residential mortgage companies, received a whistleblower filing package today from one of the creditors in this case, a private American citizen, Greg Morse.

    The Internal Revenue Service and Securities Exchange Commission received the same package today. Among its contents is Morse’s whistleblower submission of IRS Form 211—Application for Award for Original Information, and SEC Form TCR—SEC Tip, Complaint or Referral, accompanied by voluminous supporting documentation. These federal agencies are mandated to investigate allegations of corruption and fraud.

    The 51 bankrupt residential mortgage companies are directly or indirectly owned by Residential Capital, also known as ResCap.

    Morse, a commissioned officer was honorably discharged from the U. S. Air Force and the U. S. Navy as an F-4 Phantom fighter pilot. He was one of the initial people who uncovered and successfully prosecuted a federal fraud case regarding the savings and loan debacle in the late 1980’s.

    Like millions of Americans, Morse, believed when he refinanced his home mortgage in 2008 that it was legitimate but found out otherwise when he discovered that his chain of title had been broken by Mortgage Electronic Registration Systems, Inc. (MERS). His home in Texas was not and is not in foreclosure. He has never been late or missed a mortgage payment.

    According to N.Y. bankruptcy court records, as of March, 2012, at stake are over 2.4 million mortgages and Residential Mortgage Backed Securities (RMBS) representing over 6.2 million Americans, according to U. S. census statistics.

    The value of this bankruptcy case, as of today, is well over $400 billion—making it the largest bankruptcy in history.

    There has been virtually no press coverage of this bankruptcy that affects the entire U.S. economy, millions of homeowners and nations who purchased RMBS securities. It far exceeds, in dollar volume and social impact, the General Motors bankruptcy which garnered front page media coverage for months.

    68 percent of these mortgages in this N.Y. bankruptcy are either owned, insured, or guaranteed by Government Sponsored Enterprises (GSEs) of Fannie Mae, Freddie Mac and Ginnie Mae. Purportedly, a significant number of the mortgages are owned by RMBS Trusts.

    Fannie Mae and Freddie Mac are in conservatorship (bankruptcy). Their conservator is the U. S. Federal Housing Finance Agency (FHFA). $45 billion is guaranteed by Ginnie Mae.

    It appears this single bankruptcy represents at least 3% of all active U.S. residential mortgages.

    Morse’s whistleblower filing package that was received by Judge Glenn today includes his 279 page jurat affidavit in support of IRS Form 211 and SEC Form TCR. His jurat affidavit is supported by 11,000 pages of corroborated, publicly sourced and court admissible evidence related to the mortgage crisis, the 2008 economic crash, his 2011 Racketeer Influence and Corrupt Organizations Act (RICO) civil case addressing his fraudulent mortgage—and the alleged acts of securities fraud, income tax fraud and income tax evasion.

    As a court designated creditor, Morse has had access to documents through the official court-ordered website for large bankruptcies. He and his team have scoured through court documents and, to the best of their knowledge, it appears that these issues have not been introduced or investigated by the bankruptcy court.

  49. “I’ll bust your balls boy”

    My wife’s husband, Grandpa Out

  50. Neil said:
    Why any court would allow the conduits and bookkeepers to take over the show to the obvious detriment and damage to the real parties in interest is a question that only legal historians will be able to answer.

    The Legal Eagle said:

    In these proactive arguments the analyst to counsel is looking at the construction of the financing arrangement the harkens back to ancient law. Over 100 years ago unscrupulous lenders used a security deed to take title in advance off a default. In this manner the principal debtor was (1) not a title holder and (2) not paying down a mortgage obligation. He was in fact working off purchase option to repurchase his home. Under a security deed title is in fact lawfully seised representing he has transferred legal title unencumbered and free of liens except for those liens of record.

    ~My Moms Daughter~ Melissa Out

  51. The mortgage was abated when it was transferred into common stock. The UCC is filed against the bank lines converted to common stock representing the equity in your home. This in part is why we ask – “how in the world can a first and second deed of trust or mortgage survive with a UCC filings against one and the same collateral .

    Is there an answer? Oh we have your attention.

    ~Moms Daughter~ Charlotte Out

  52. Thank You Poppy, Home @ Peace

    JG, you bought my note with a repurchase agreement. I pay you Interest only with a 60mo balloon.

    I used the money from the sale and loaned it to JJ on a 30yr fxed in exchange for the title to his estate. I pledge his estate as collateral for more money, I’m kinda Greedy.

    I didn’t have the money to pay you the principal due at 60mo. so I filed for BK

    You are a meanie head trying to fc on JJ, even though you don’t have a contract with the JJ …. poor JJ doesn’t even know he has been had twice ….

  53. KC: “JG, try this one.

    I pay you 5yrs interest in advance and the principal in 60mo.”

    okay, but
    1) why?

    2) did you transfer the note to me?

    3) how do you pay me 5 years in advance? (I’m just expecting
    p & i each month)
    3a) where’d you get the moolah?

    4) How do you pay off the principle in 60 mos?

    5) Where’d you get the moolah?
    5a) Am I expecting a pay off in 60 mos?

  54. Good wishes KC where ever you may find yourself!

  55. Poppy,
    I’m sad to say its only going to get worse. Lets Pray that there is enough humanity left in this country to do the right thing.. without any strings attached.

    This will be KCs last post.

    I Wish Each and Everyone of You the Best of Luck!
    We reap what we sew …. never forget that.
    Count Your Blessings Daily, Tomorrow may never come.

    Many Blessings to You All! KC out.

  56. Take a gander at this folks: Our great government at work, no oversight once again! 2 sets of books…OMG

    http://www.azcentral.com/story/news/politics/2014/04/10/deaths-phoenix-va-hospital-may-tied-delayed-care/7537521/

  57. And payments were made for 3 1/2 years…KC all missing from day one! Every ledger I get is different, have 6 at this point and no payments have ever been applied, according to court documents!

  58. Here’s the thing: If my loan was not funded and the payments were never made for it to be sold…forward and put in a trust, it was sold for pennies on the dollar, as much as $.10 on a dollar, depending.

    So, the funder (DBT & WF…oh RBC is in there somewhere) looks like both, gave 100% of the requested amount X’s 2), in essence, parties who gave New Century the money never applied the funds, took the payments, down payment, etc… and defaulted the loan, intentionally.

    New Century cheated all of the “invested” parties at some level. They the so-called invested parties filed “secured” claims and got paid 90% of the money they requested from the court and no charges by the way for theft of funds…on New Century.

    Whom is owed money here? And how much? Right now the last stop was Ocwen and they are asking for the full amount of the original note plus $83.000.00 “as a debt collector”. And we are over the statute of limitations. Footnote: RICO/Libor may apply too….

    Ocwen is a “debt collector” at this point. The loan was never any good….for an investor, it wasn’t eligible for the trust, which is how they are trying to gain traction in the court and I can prove that, that is not where the note went. Stream of revenue….under the guise of servicer.

    At the end of the day: all the parties involved in my “original” deal (there are at least 10, between buyers, sellers, servicers, etc…) have been paid 90% of their money. New Century has been relieved of most of their debt and now submit paperwork as the “owner” while still in bankruptcy and ask for relief from the court of “approximately” 2X’s the original balance…

  59. He was in fact working off purchase option to repurchase his home. Under a security deed title is in fact lawfully seised representing he has transferred legal title unencumbered and free of liens except for those liens of record.

    Keep in mind this poor hardworking fella transferred HIS SHARE of legal title irrevocably. And even his non borrowing spouse could have been induced into signing the instrument to.

    Bites..

    By all Means if your a Creditor and/or a debtor in sumbuttys BK….
    State Your Claim or Forever Hold Your Peace.

    C balanced with D = zero

    Math 101

  60. In these proactive arguments the analyst to counsel is looking at the construction of the financing arrangement the harkens back to ancient law. Over 100 years ago unscrupulous lenders used a security deed to take title in advance off a default. In this manner the principal debtor was (1) not a title holder and (2) not paying down a mortgage obligation. He was in fact working off purchase option to repurchase his home. Under a security deed title is in fact lawfully seised representing he has transferred legal title unencumbered and free of liens except for those liens of record.

  61. Where Did My Money Go? What Was it Used For?

    Where Did My Money Go? What Was it Used For?

    I have to ask twice as a Property Owner and Investor.

    Where did their Money Go? Asks the Taxpayer

    They Hate Questions!
    I Love Questions!
    I Encourage Everyone to Ask them no matter your age!

  62. The mortgage was abated when it was transferred into common stock. The UCC is filed against the bank lines converted to common stock representing the equity in your home.This in part is why we ask – “how in the world can a first and second deed of trust or mortgage survive with a UCC filings against one and the same collateral .

    Is there an answer? Oh we have your attention

  63. Dag gone it Poppy!

    You paid a years rent towards a purchase agreement to buy your house back (ISC) if it was a refi. Then your landlord (HA)!! defaulted and filed for BK and you are being evicted.

    Think Coyle!

    Didn’t you read anything I posted today?

  64. I was just thinking, do you suspect Fidelity and LPS rid themselves of all the bad apples before they re-merged?

    I don’t care much for playing the Bully game, but the Rule Book says….
    Do unto others as you would have them do you.
    It sure does…
    Its the Golden Rule!

    I suspect they hadn’t had a good sample of Bullyback before they made those irresponsible and unconscionable choices to participate in the Game of Greed.

    Hey, I didn’t write it … I just enforce it.

    BYOM, Grandma has Cookies!

  65. If you hadn’t noticed my Fever has broke. Yay! 🙂
    Its back to Grandmas schedule tomorrow.
    Time to Get Out the Gardening Gloves.

    Many Blessings to All!

  66. Poppy, I am aware of some unfunded loans, most are refi’s and REO purchase. I think I have this 1031 exchange figured out once they get you into the system.

    I know our purchase loan was funded as the funds went to the Trustee/Beneficiaries less costs. That is why we have always been willing to pay the party whose funds were used. Even if it was funded via WH LOC thru some last minute plender at closing … that line was funded with investor funds.

    I don’t know about you, but living off someone else’s retirement funds just doesn’t set right with us. We have no issues living off our own, it would be nice if only the IRS wasn’t so dag gone greedy!!

  67. Has been done KC. The reason my case is different on the face: they stole the payments (have that paperwork and checks), loan defaulted when the ink dried and I can prove it never went into a trust and trust closed in 08/31/2007, Ocwen is trying to collect from the NC1 trust, have all SEC paperwork, all assignments, loan was unfunded, per transcript of evidentiary hearing, per reorganization lawyer.

    Thanks, I am not sobbing and realistic here. I am way over much of the emotion, just business….Thanks for your thoughts.

  68. You have the paperwork, take it to the BK Trustee!

  69. Poppy, RE: Cause we have this. The case is unlike many of the others.

    I used to think the same thing, but what is important is what they
    ALL HAVE IN COMMON.

    I’m not unsympathetic, I know many people, young and old alike, some with savings and other not, they all lost their jobs. Companies cut hours to part time and cut benefits because of the new health care laws. With what is going on world wide … its going to get a lot worse before it gets better. 60% of Americans live paycheck to paycheck….
    Need I say more?

    File BK on Them!
    The debt is unsecured and kiss those Buttwipes Goodbye!

  70. I get the numbers…been over them before. And done some reading on folks in this country and their finances, to add to the mix here: 73% of ALL adults can only sustain 90 days worth of debt, if they were to lose a job! Very, very scary…..and Wall Street is buying up farms all over KS, OK, MO…What?

  71. Have called numerous attorneys KC…even with all the hard work DONE, they want $20,000.00 and maybe they will go against New Century. Competency is a big issue for me…and FYI: there have been a couple attorney sup there and got zilch for their clients. I sincerely wish I could find a competent, reasonable attorney up there. They all want big bucks, which I would pay…but I need more than a maybe!

    Cause we have this. The case is unlike many of the others…almost 6 years in!

  72. Poppy, read this again, pay particular attention to SHORT TERM and remember the discussion we had about SHORTS…. let it sink in.

    Then think about what assets are being used as collateral backing those Shorts (or perhaps interest only payments?)

    Remember, according to the Federal Reserve’s own reports, the current value of all residential mortgages in the country is estimated to be $13 trillion or so. Compare that number with only the short term federal debt that now exceeds $17 trillion. That means that the total value of residential mortgages alone represents 76% of the national debt. This is very serious and the stakes are high!!!!!!

  73. I just didn’t know how I could be an expert witness in one case
    and an idiot in my own.
    Yeah, her attorney and my attorney laughed at me to!
    Trust Me, I have beat myself up a hundred times over!

  74. Smart Kids, didn’t want to live on a tight budget, so they bought something more affordable/much cheaper than the first house they looked at, … before getting a pre-approval (ut um).

  75. The conventional loan was tens of thousands of dollars less than the FHA.

    Yikes!

  76. In this pending case, the borrowers ended up with two loans, one FHA and one In house Insured Conventional just a few months apart.

    You know, when they finally decided on a house to buy?

  77. When I saw the DU transcripts from NCM obtained via discovery with my own eyes in that case …. I was horrified! Mortgage Loans that don’t exist ….. you just cant make this stuff up. They were faking mortgages via the applications on loan offers declined by the borrowers to pay their bills and cover up their scam, you might be shocked how long they got away with it before the were shut down.

    I often giggle about you know who and Ocwen buying Air out of BK.

  78. Poppy, I really don’t know how to help someone who signed a mod and reaffirmed the original contract with a few changes, not limited to those you listed, but including homestead exemption rights.

    I know you have fought a long hard struggle with those peons at NC and Ocwen, I really wish you would get an attorney, but I will keep you updated on the case where there was no mod but a lawsuit and rescission was filed before NC BK.

  79. Doesn’t anyone here question: 13 Trillion in mortgages, 17 Trillion in debt add Chinese debt…is it possible the land grab is to pay this stuff off?

  80. I am listed as a “creditor” in the New Century bk and to date, everything I have filed the judge dismisses. And I just found a transfer of DOT from New Century in 2012, New Century listed “as hereinafter” Owner assigning their rights to Ocwen…while in bk protection. I have found no authority from the trustee or the court and 50 pages of the same in one county from New Century assigning DOT’s in their name in BK.

    Filed a Motion to the court and an objection soon followed from the attorneys for New Century-TRS Holdings and the information was incorrect…Adding things in they never had at evidentiary hearing…I responded of course and said, wait a minute when did this stuff happen, you guys are withholding evidence? Waiting to see what Judge Carey does now.

    This behavior is not unusual…believe me. I thought, no way…but it’s being done everywhere, right in the courts face.

  81. I know .. I know … I should have ran Credit Checks on them before I extended them credit. lol

  82. Morse was named a creditor in only one BK…. lucky him!

    He should have been in my shoes when they All filed BK on me as a Creditor in their BKs .

    All work and no pay, and they wanted to steal the house to, right after using our retirement funds to fund the scam! geeesh!

  83. GMAC Residential Holding Company, LLC
    GMACRH Settlement Services, LLC
    GMACH Borrower LLC
    GMACM REO LLC
    GMACR Mortgage Products, LLC
    HFN REO Sub II, LLC
    Home Connects Lending Services, LLC
    Homecomings Financial Real Estate Holdings, LLC
    Homecomings Financial, LLC
    Ladue Associates, Inc.
    Passive Asset Transaction, LLC
    PATI A, LLC
    PATI B, LLC
    PATI Real Estate Holdings, LLC
    RAHI A, LLC
    RAHI B, LLC
    RAHI Real Estate Holdings, LLC
    RCSFJV2004, LLC
    Residential Accredit Loans, Inc.
    Residential Asset Mortgage Products, Inc.
    Residential Asset Securities Corporation
    Residential Consumer Services of Alabama, LLC,
    Residential Consumer Services of Ohio, LLC
    Residential Consumer Services of Texas, LLC
    Residential Consumer Services, LLC
    Residential Funding Mortgage Exchange, LLC
    Residential Funding Mortgage Securities I, Inc.
    Residential Funding Mortgage Securities II, Inc.
    Residential Funding Real Estate Holdings, LLC
    Residential Mortgage Real Estate Holdings, LLC
    RFC-GSAP Servicer Advance, LLC
    RFC Asset Holdings II, LLC
    RFC Asset Management, LLC
    RFC Borrower LLC
    RFC Construction Funding, LLC
    RFC REO LLC
    RFC SFJV-2002, LLC

    http://www.marinkapeschmann.com/2014/04/24/exclusive-ny-judge-in-largest-bankruptcy-case-in-history-receives-irs-sec-whistleblower-filing/

  84. Exclusive: NY Judge in Largest Bankruptcy Case in History Receives IRS & SEC Whistleblower Filing

    24 April 2014 No Comment

    **WORLD EXCLUSIVE BREAKING STORY.** **MUST CREDIT INVESTIGATIVE JOURNALIST MARINKA PESCHMANN**

    Creditor and Whistleblower evidence alleges securities fraud, income tax fraud and income tax evasion. Further investigation is necessary to protect millions of homeowners.

    New York City, New York – U. S. Bankruptcy Court, Southern District of New York’s Judge Martin Glenn, presiding over the simultaneous Chapter 11 bankruptcy filings of 51 residential mortgage companies, received a whistleblower filing package today from one of the creditors in this case, a private American citizen, Greg Morse.

    The Internal Revenue Service and Securities Exchange Commission received the same package today. Among its contents is Morse’s whistleblower submission of IRS Form 211—Application for Award for Original Information, and SEC Form TCR—SEC Tip, Complaint or Referral, accompanied by voluminous supporting documentation. These federal agencies are mandated to investigate allegations of corruption and fraud.

    The 51 bankrupt residential mortgage companies are directly or indirectly owned by Residential Capital, also known as ResCap.

    Morse, a commissioned officer was honorably discharged from the U. S. Air Force and the U. S. Navy as an F-4 Phantom fighter pilot. He was one of the initial people who uncovered and successfully prosecuted a federal fraud case regarding the savings and loan debacle in the late 1980’s.

    Like millions of Americans, Morse, believed when he refinanced his home mortgage in 2008 that it was legitimate but found out otherwise when he discovered that his chain of title had been broken by Mortgage Electronic Registration Systems, Inc. (MERS). His home in Texas was not and is not in foreclosure. He has never been late or missed a mortgage payment.

    According to N.Y. bankruptcy court records, as of March, 2012, at stake are over 2.4 million mortgages and Residential Mortgage Backed Securities (RMBS) representing over 6.2 million Americans, according to U. S. census statistics.

    The value of this bankruptcy case, as of today, is well over $400 billion—making it the largest bankruptcy in history.

    There has been virtually no press coverage of this bankruptcy that affects the entire U.S. economy, millions of homeowners and nations who purchased RMBS securities. It far exceeds, in dollar volume and social impact, the General Motors bankruptcy which garnered front page media coverage for months.

    68 percent of these mortgages in this N.Y. bankruptcy are either owned, insured, or guaranteed by Government Sponsored Enterprises (GSEs) of Fannie Mae, Freddie Mac and Ginnie Mae. Purportedly, a significant number of the mortgages are owned by RMBS Trusts.

    Fannie Mae and Freddie Mac are in conservatorship (bankruptcy). Their conservator is the U. S. Federal Housing Finance Agency (FHFA). $45 billion is guaranteed by Ginnie Mae.

    It appears this single bankruptcy represents at least 3% of all active U.S. residential mortgages.

    Morse’s whistleblower filing package that was received by Judge Glenn today includes his 279 page jurat affidavit in support of IRS Form 211 and SEC Form TCR. His jurat affidavit is supported by 11,000 pages of corroborated, publicly sourced and court admissible evidence related to the mortgage crisis, the 2008 economic crash, his 2011 Racketeer Influence and Corrupt Organizations Act (RICO) civil case addressing his fraudulent mortgage—and the alleged acts of securities fraud, income tax fraud and income tax evasion.

    As a court designated creditor, Morse has had access to documents through the official court-ordered website for large bankruptcies. He and his team have scoured through court documents and, to the best of their knowledge, it appears that these issues have not been introduced or investigated by the bankruptcy court.

    Additional court docket information is available at KCC L.L.C. at their website and at the Official Committee of Unsecured Creditors website.

    The next hearing in Judge Glenn’s courtroom regarding Morse’s case is currently scheduled for May 15. It regards his RICO civil case due to a fraudulent residential mortgage on his Texas home, in which he is the sole pro se plaintiff. Morse’s RICO civil case is how he became a creditor in this New York bankruptcy case. Under 18 USC Section 1964 private citizens may seek civil damages due to RICO fraud activities. He has been in federal court since April 26, 2011 attempting to get the court to allow the evidence to be brought before a jury of his peers.

    Morse’s whistleblower filing to the IRS and SEC grew out of his RICO case which was originally filed in the U. S. Federal District Court, Eastern District of Texas, and is currently on interlocutory appeal in the 5th Circuit Court of Appeals.

    In an exclusive interview with this journalist, when asked what he saw taking place behind the scenes of the mortgage crisis, Morse said, “I see this RICO fraud enterprise with MERS in the center as being a well-masked, legally controlled and potentially a judicially assisted resource, land and asset grab from the American people. Just look at the publically disclosed evidence. Remember, according to the Federal Reserve’s own reports, the current value of all residential mortgages in the country is estimated to be $13 trillion or so. Compare that number with only the short term federal debt that now exceeds $17 trillion. That means that the total value of residential mortgages alone represents 76% of the national debt. This is very serious and the stakes are high. It doesn’t appear that Judge Glenn is aware of the alleged securities fraud, income tax fraud and income tax evasion issues related to a number of the 51 bankruptcy petitioners,” Morse added. “If Judge Glenn elects to consider our evidence, he could do nothing or he could place this bankruptcy hearing in abeyance pending the results of my requested IRS and SEC investigations. If Judge Glenn allows the bankruptcy to proceed …”

    According to court documents, the second amended Joint Chapter 11 Plan, approved on December 13, 2013 allows for the liquidation of hundreds of billions of dollars worth of homeowners’ mortgages to legendary business billionaire magnate—the fourth richest man in the world, according to Forbes, Warren Buffett’s Berkshire Hathaway, Inc. and Ocwen Loan Servicing, L.L.C.

    The bankruptcy terms allows Berkshire Hathaway and Ocwen to purchase over $400 billion worth of mortgages and RMBS trusts for less than $5 billion. Once these mortgages are sold, Berkshire Hathaway and Ocwen will be bankruptcy remote. That means that once the mortgage assets are sold to them, American homeowners, like Morse, will not be able to obtain, through discovery, in judicial proceedings, the documents pertaining to their mortgages to determine if there is an issue with their property’s chain of title or verify if there is a free, clear and legally traceable ownership of their homes.

    In effect, mortgage records of millions of American homeowners would be destroyed.

    Last March, Ocwen, was found guilty of breaking laws in 49 states.

    As the Los Angeles Times’ Scott Reckard reported: “California victims of alleged foreclosure abuses will get $268 million in relief from a $2.1-billion national settlement with Ocwen Financial Corp., the nation’s largest non-bank provider of mortgage customer service … The announcement … also spotlights a growing controversy as major lenders outsource their mortgage servicing operations to Ocwen and other firms that specialize in collecting payments, pressuring delinquent borrowers and foreclosing on defaulted mortgages.”

    Berkshire Hathaway and Ocwen did not respond to a request for comment for this article.

    “The result of this massive sell-off of mortgages is that this effective destruction of documents could contribute to covering up, and making it more difficult to corroborate the alleged acts of securities fraud, income tax fraud and income tax evasion. This is the endgame exit strategy and cover-up I warned about four years ago,” Morse explained to this journalist. “For obvious reasons, it was necessary to ensure that Judge Glenn was made aware of the evidence otherwise he could go down in history as the man who unknowingly destroyed the rights of millions of American homeowners.”

    In October, 2010 Morse wrote an article that was well circulated on the Internet where he forecasted and warned that this exact set of bankruptcy proceedings and results would occur and prove to be the endgame exit strategy for those banks and participants, like MERS, in the RICO fraud enterprise at the heart of the mortgage crisis.

    “The light speed rate at which this bankruptcy, on behalf of the money changers with their Fortune 125 law firms, is being pushed through is breathtaking. For the last 3 years, I, as a pro se plaintiff, have been following the rules and have not been able to present the evidence before a jury. Unlike my savings and loan days in the late 1980’s, where the rule of law still applied in America and the guilty were held accountable, I have witnessed acts of perjury and misrepresentation on behalf of the defendant’s attorney’s made to the court with no redress or accountability.” Morse said.

    James Kidney, a SEC trial attorney, is also concerned about the lack of accountability in the 2008 economic crisis. As Bloomberg News’ Robert Schmidt recently reported, Kidney warned during his outgoing retirement remarks, “The SEC has become an agency that polices the broken windows on the street level and rarely goes to the penthouse floors. On the rare occasions when enforcement does go to the penthouse, good manners are paramount. Tough enforcement, risky enforcement, is subject to extensive negotiation and weakening.”

    Because of the scope and volume of evidence Morse has uncovered and documented, in addition to the IRS, SEC and Judge Glenn, his whistleblower filing was submitted to over 500 other recipients including: President Barack Obama, the Secretary of the Treasury, all Supreme Court Justices and other members of the U. S. Judicial Branch, Chairmen and Ranking Members of the U.S. House of Representatives Standing Committees, Inspectors General of numerous federal agencies, G20 Summit members, members of the U. S. Senate, the national and international media, attorneys from the Birmingham, Alabama law firm of Bradley Arant Boult Cummings, LLP, who are representing both debtors and creditors in the N.Y. bankruptcy case, and the New York law firm of Morrison & Foerster, LLP.

    According to Morse’s whistleblower jurat affidavit: “The IRS and the SEC are the last remaining hopes for justice in disclosing the complete and truthful facts regarding this RICO fraud enterprise that is the mortgage crisis and are the federal agencies with the experience, capability, jurisdictional authority and congressionally mandated tasks of investigating, stopping and prosecuting fraud. Justice and the rule of law must be maintained in these legal actions or the rights, homesteads and financial lives of millions of Americans will be destroyed. The results, positive or negative, will directly affect millions of Americans today and in the years to come.”

    Morse’s fight is everybody’s fight. His legal battles affect millions of American homeowners and beyond.

    As I have been reviewing the court records, whistleblower filing package and evidence for weeks, also included within Morse’s whistleblower filing is a media query from me in my capacity as a journalist. I have requested that the recipients respond directly so I can report their responses verbatim and in their entirety to preserve the integrity of the IRS and SEC investigations prompted by Morse’s whistleblower filing. Non responses will be reported as well.

    **This is an exclusive story.****Must credit investigative journalist Marinka Peschmann.**

    If you are experiencing trouble with any links, all supporting evidence and court documents are also available at Scibd.com.

  85. Yeah, well the legal eagles are only suggesting a modification…DAH, who wins on that deal? You know the answer KC…2 pages of change in interest, length and roll up the arrears on the back, including legal fees.. and start the contract all over! Great deal for everyone except the homeowner, still underwater, and more!!!!!!!!

  86. Can you tender Charlie?
    I thought not, that is why you rented the U-Haul though, Right?

    I’m not trying to pick fights,
    I just have less respect for someone who wouldn’t do the right thing unless he were paid to do it, than I do someone who turned a blind eye for a profit.

    I’m pretty sure we have all heard enough about your 2011 Dream, this is 2014 now …. and its getting old.

    Now lets turn over the Blog to some Legal Eagles …..

  87. OMH! ROFLMBO!

  88. OK so your an abstract who got an abstract problem? We are all hear talking about something other than you and your wanting to pick fights and we are all fighters hear. So at what point do you think that your not going to be in these arguments?

    You had no attorneys back when you said you turned something over to them, that they could point your attorney to this scheme of securities because you were not bring them the evidence.

    Unless you been on Mars and not reading this blog, there are not attorney that came to these conclusions with securities, and your attorney did not do a Qui Tam and you did not submit a Whistle-blower claim. So who filed what when, is a fact that you not got a clue of!

    I done with you as I not got the time with a sick person. Good luck to you if you deserve to win, and if not simply deal with the U-Haul in the time your renting it!

  89. RE: ” and there are not site with estate sale issues!”

    HUH?
    Elaborate Please?

  90. No, I’m not a disgruntled worker at all. I was never on their payroll.
    I’m what you call a Owner Operator. Uh Huh! And I don’t take kindly to being used, bullied and told they would take their business elsewhere. No No No …
    I in a professional manner of course… told ’em “Stuff It Where The Sun Don’t Shine!”

    I’m not someone who can be bought off … unlike you Charlie.

    Ironic thing … they’ve called me 6 times in the last 48hrs to schedule closings.

    Dag Gone Temping! Yes It Is!

    Curious is the Kat … Are the Behaving Yet?

  91. Your Right Charles, I didn’t know what was going on with the securities.

    That’s why I paid the tax attorney and an accountant. duh!!

    Just how long are you going to hang around here trying to convince people of your pipe dream of being a Millionaire? If you knew anything at all …. then why did you lose your house back in 2011 was it?

    Fuzzy Stuffs going on in that Head of Yours!

  92. KC I don’t see you direct knowledge of the securities because you doing an abstract and a abstract is not what a servicers/lender is paying to have done when foreclosing.

    Once you left your job, your former company should have changed the password because it would have always given you access to their file, and you just might share that data with the freaking State or someone else.

    Now in 2008 the mortgage business and all that supported it took a hit and 2/3 of the people loss their jobs. I don’t know of many people left in the titling business just like the mortgage business.

    I see no way you in your position knew what was going on in a securities, but unless your personnel mortgage was being mishandled by Fannie, Freddie, Ginnie or DocX was involved as with Lynn Symoniak and her client and with me with Wells Fargo and Washington Mutual.

    Even as I was a mortgage loan officer I had no ideal until having to actual confront the situation on my own, because there are no one is prepared to deal with the fact that the Bank and Federal Government are working in concert when in fact neither one is the owner of the debt.

    There not going to be some abstracter who solving this when you never seen a Note because its never recorded. Your a disgruntled worker that seen some irregularity in your system but the abstract part of this only uncovers from what been recorded the chain of ownership. However that we got stuff maybe purchased without having it recorded which happen in some blank Notes situations.

    KC I feel your trying to interject yourself into something that your not a part of, just to join this conversation and there are not site with estate sale issues!

  93. “Theft By Conversion”

  94. Ian, you don’t need a link. Read the DOT/Mortgage.

    You will need an attorney to help you locate the SEC sale of securities for your estate.

    I had to Pay to Play.

    Pisses Me Off!!

  95. Yeah … I know!

    I thought I was working for the Good Guys at the time!
    But I did give the State access to my computer and records,
    Wasn’t long after that …. LPS changed their security and policy about downloading the docs before printing them.

    Yes they Did!

  96. KC- do you have a link to the info about sale/leaseback /(theft of title) when mortgages were used to collaterlize the bonds? Thank you.

  97. I have never tried to discredit you, you manage to do a fine job of that all by yourself!

    My Biggest contracts/clients were DocX, LPS, LSI & Fidelity, Stewart, Ticor, CTT, 1st American (gag) etc.. etc..,

    They trained me with what they wanted me to know… uh huh… but to better myself, I took a course and became a Certified Title Abstractor.

    My Life has Never been the same. Sighs…

    Have I ever tried to sell anyone anything here? ever? NO!

  98. You are right again Christine, there was Hope there for just for that One split second…..

    Charlie, RE: ” but its not you that awarding a dime”

    WRONG!

    I used to think our case was unique …
    But that’s just not the case.

    We are in for a World of Hurt!

    The economics in these nearly all BofA Wells Fargo structured financing deals do suffer from what analysts forewarned against as for the heightened risk in the event of a market collapse. In such an event the title holder’s estate that was transferred is discovered a victim of a sale lease back controversy used to collateralise a bond sold at discount to a foreign national bank

  99. KC why do you try to discredit me when as I just did googled the story “Black in Memphis Lose Decades of Economic Gains” from May 2010 with my comment #53?

    Its all relevant because it shows the illegal practices of Wells Fargo. If you settled for the abused of Memphis, Baltimore & State of Illinois for $175 million, should we not that into account the settlement for illegal activities.

    Your bring into the discussion what Jan van Eck has written from 2011 but then your saying that the New York Time through the internet does not maintain a history when I given you the name of the story?

    Some people found out about this blog earlier than others but this was not and is not the only place that this crisis was discussed.

    I get your hate but its not you that awarding a dime, but what I truly don’t understand is why you come here with a matter that not about the crisis but is a rare real estate transaction gone wrong with some estate sale.

  100. kareem salessi, on April 24, 2014 at 11:57 am said:
    Re: Title Companies; MERS; etc.:

    In my self-published court documents I have proved that Fidelity has been in fact at the peak of real-estate related frauds, and forgeries, in the United States. My understanding is that they invented, and institutionalized Robo-Singing, and title forgeries.
    LPS is entirely Fidelity with dozens of forgery subsidiary operations like DocX, which was outlawed, and their fall girl jailed. Their forgery network is partially revealed in my webpage “FORECLOSURE CRIMES” with their own corporate disclosure documents, filed in courts.

    As I documented and published, and no one contested, banks created MERS as their own institutional forgery operations to compete with title companies’ forgery networks, in addition to creating mountains of fake derivatives, which are nothing but UN-backed junk-bonds, similar to those created by Mike Milken, and Drexel, in the 80’s leading to the bankruptcy of Orange County (a/k/a: World Capital of Fraud), in conspiracy with O.C. public officials.

    As I have proved, MERS is nothing but a computer file, utilized by banks to facilitate the assignment of each individual loan to countless mortgage pools so that countless amounts of derivatives (“MBS”) could have been created and marketed world-wide on the basis of bogus assignments created through MERS by punching a few computer keys. That’s how Wall Street criminals managed to create, and dump, over $1.5 QUADRILION (I.E.: $1,500,000,000,000,000.) mortgage derivatives, supposedly backed by only $7 Trillion (i.e.: $7,000,000,000,000.) of outstanding American mortgages of 2004. They sold these junk bonds to the gullible world investors, most of which borrowed money to buy these junk bonds. The junk bonds have tanked in value and the foreign investors who had borrowed the money to buy them have gone broke. That’s why world-wide economies collapsed once this U.S. made PONZI-counterfeit operation peaked in 2007, exactly as I had calculated, and documented in my 2004 lawsuit, with case # 04CC11080 (Orange County, Ca.)!!!

    For litigants against institutionalized lenders; title companies; MERS; courts; judges; county recorders; and county sheriffs; and their gangster lawyers, I can provide expert-opinion affidavits which may be presented to courts, if appropriate, especially if they have been victims here in Orange County, where its sheriff Mike Carona has been in federal prison for years, and where many of its current staff really belong, for having sold out the Orange County residents to organized crimes, like banks, and title companies.

    Regards, Kareem Salessi

  101. Neil, … Anyone,

    If I’ve missed something, Please Feel Free to Follow Up.

    Many Blessings to All

  102. Ending todays Lesson with this statement ……

    The FC’s were used to cover up the theft of the titles to your estate..

    The Biggest Financial Fraud in History!!

  103. Now do you know why Senator Warren was so MAD about not disclosing the risks to those who signed the mods?

    Ut Oh!

  104. The economics in these nearly all BofA Wells Fargo structured financing deals do suffer from what analysts forewarned against as for the heightened risk in the event of a market collapse. In such an event the title holder’s estate that was transferred is discovered a victim of a sale lease back controversy used to collateralise a bond sold at discount to a foreign national bank

  105. Further arguments citing where the accounting rules clearly cause the assignee to fail as a bona-fide TPP of value. Therefore the assignee cannot enforce the rights and entitlements of a holder under the judicial understanding for an abandonment claim.

  106. In these proactive arguments the analyst to counsel is looking at the construction of the financing arrangement the harkens back to ancient law. Over 100 years ago unscrupulous lenders used a security deed to take title in advance off a default. In this manner the principal debtor was (1) not a title holder and (2) not paying down a mortgage obligation. He was in fact working off purchase option to repurchase his home. Under a security deed (see Georgia) title is in fact lawfully seised representing he has transferred legal title unencumbered and free of liens except for those liens of record.

  107. CASE IN POINT – Where the property estate is held to a deed of trust with a grant deed under a conventional deed of trust , the fact the instrument is alleging to have seised the title from the estate is prima fascia to having enforced the grant deed element of the agreement in advance of a default. In this regard the mortgage origination under a security deed is for transferring purposes as if to have sold the title . And this is the alleged case for which the consumer household is an adverse party possession holding on to a right of repurchases at some later date.

  108. The mortgage was abated when it was transferred into common stock. The UCC is filed against the bank lines converted to common stock representing the equity in your home.This in part is why we ask – “how in the world can a first and second deed of trust or mortgage survive with a UCC filings against one and the same collateral .

    Is there an answer? Oh we have your attention.

  109. Yet they still made loans in 2006 and 2007 and then its the passage of TARP and the EESA in October of 2008.

    Charles, you know dag gone well why they stopped printing the story, the press is owned and operated by the greedies just like our government.

    What part of they knew way back when, (even before I reported) don’t you understand?

    Your focusing on the wrong claims ….

  110. I remember walking around my house with my gun loaded in my pocket because I reported to HUD & OCC the crimes that Well Fargo had committed, and on May 31, 2010 I made a commit to New York Times reporter Michael Powell “Black in Memphis Lose Decades of Economic Gains”.

    Not being that experienced in posting anything on the net, but after posting my comment on Wells Fargo (comment #53) within a couple of days of the commit Mr. Powell contracted me through my son’s facebook page.

    Powell did a good first bite at the story but because like everybody else in the world did not understand the full scope of this crisis. I was the guy in 2008 that contacted the Mayor of Baltimore about there law suit against Wells Fargo and was put into contact with the attorneys that were hired and I added to there case a portion they did not know how the loan flowed through the system to get to the subprime loan officers and I added that information from the prime side lending of Wells Fargo.

    Now I understand why they did not want to include me with testimony because being from Omaha NE I saw the abuse more through the military personnel being abused and elderly that a black issue and Baltimore’s case did not want to bring in an all abuse when they were working on the racial aspect of what Wells Fargo was doing. The law was Fair Housing which dealt with race discrimination.

    I did not know if this clowns were going to kill me or not, but I think they did not ever believe that they felt anyone would believe me, but looking back if they had only taken out myself and a few others here, I don’t think the world would have ever discovered the crime. Think about it in terms of 2yrs ago there were only maybe 10 people (if that) in the entire world had realized the titling situation. So like the bankers that are ending up dead, what would have happen if some nobodies ended up dead?

    Just wanted to vent, and explain part of the journey! I going to write the reporter today and ask why he stop doing piece of the crisis.

  111. US Securities and Exchange Commission
    Form D
    Notice of Sale of Securities pursuant to Regulation D Section 4(6) and/or Uniform Limited Offering Exemption

    Name of Offering…
    MERSCORP, Inc. 1595 Spring Hill Road, Vienna, VA 22182

    Common Stock, Par Value $0.01

  112. No, I do not…had I known what I do now, which of course is impossible, I would NEVER have financed…would have bought smaller, added on as I could and had no mortgage!

    Even that doesn’t protect you these days!

  113. And Poppy …. that is the Exact Reason 198 countries don’t want to do business with us. Can You Blame them?

  114. “debt was converted to equity and the title transferred unencumbered” to bond holders…tough toasties buyers!~

    No Recourse….”as is” no rights, remedies, from us…you buy it, your problem!

  115. Check out the web site “4closureFraud” from May 30, 2012 article The Shell Game and let see who was commenting about the MERS from the Wells Fargo was involved with WaMu in reference to the FDIC sell.

    Just saying I was out there telling the story before yesterday! The internet is a great record of what was said and when.

  116. No contract, IMO..altered “alleged” contract for unlawful gain. Intent to obtain under false pretenses…and serious breach of contract, in my non-lawyer opinion. Just saying KC, government helped them to convert our notes.

  117. The banks are not at fault as it is the Directors of these banks that were allowed to use FDIC tax payer insured funds to promulgate their own investments. It is alleged the decade long scheme that implemented a uniform instrument bringing together all states was solely in order to ween the banks off their co dependency of the Fed. for over the counter short-term yields and borrowing.

    Your homes were taken unencumbered under the accounting rules of FAS 140 to pledge as collateral to for trading 30 60 and 90 days commercial paper rates and to swap out for overseas Libor based 3 month and 6 month yields.

    Unbelievable!

    Your homes debt was converted to equity and the title transferred unencumbered subject to all liens of record which allegedly stands for a commercial UCC filing to secure the FDIC bank lines. How we ask in a bankrupt and remote isolated entity in an offshore enterprise account.

    You cannot have a UCC fling on a warehouse line converted into common stock and then diluted into preferred shares in coordination with a five-year bond sold to foreign banks. The LA Times chief writer said he did not want to hear any of it Really ?

    The mortgage was abated when it was transferred into common stock. The UCC is filed against the bank lines converted to common stock representing the equity in your home.This in part is why we ask – “how in the world can a first and second deed of trust or mortgage survive with a UCC filings against one and the same collateral .

    Is there an answer? Oh we have your attention. Now we can get off the Robo Signor drama . . .

    Land patents and Hobo signatures are a loss leader or draw to lead you away from the real arguments and Livinglies site must come clean. Either this information is known or they are concealing the facts or those sites are incompetent to stand as a witness or act as an intelligent purveyor of valuable information.

    I hear all the time “how does he know?”

    It’s never a complete sentence that should end with “….he is not a member of the Bar!” Who is more crooked . . .those web sites and quite title fools or the suckered attorneys who sucker clients , each falling for the bait of modifications and causes of action to prosecute bankers long after the statute of limitations has run its course.

    Look, assuming the attorneys do not already know . . .they lose their license for interfering with national security in a mass recovery to marshal in US assets lost to overseas banks.

    Modifications suck the next six payments from a desperate household. Then foreclosure schemes do the same, like those who offer internet securitization audits and land or procedures patent gibberish.

    Stop the pain and fight the last right fight using substantive arguments that makes use of common sense Look for yourself at the short-term commercial paper rate from 1996, the time of birth for MERS Corp and uniform instrument called a security deed. Starting in 2002 we culminate the first five-year bond cycle experiment with Wells Fargo and Bank of America. From 5.4 percent down to 1.50 .and then to .500BPS in 2002 . Five more years later and whoops. . . back up to 5.5 percent.

    Yet they still made loans in 2006 and 2007 and then its the passage of TARP and the EESA in October of 2008. Then whoops again. . .as always….Fed. intervention and short-term rates are down to 44 BPS.

    By then the party is over.

  118. altered contract
    .

    Enforce it Don’t Fight it

    September 11, 2012

    altered contract, counter claims, courts, example, Fight, foreclosures, Judges, Mario, materially, merit, Mers, Neil, opposition, repudiate, States, Testimony

    Leave a comment

    The lender is not the party named as you think

    The arguments brought into court by your attorney must be within the confines of a well pleaded complaint. Hence the US homeowner needs to know what happened after they received a mortgage.

    There is a very fine line between a sham business transaction and a legitimate one. It’s not the attorneys or the courts that need to get up to speed in this fourth year of the foreclosure crisis. It is the CPA’s who are filing tax payer returns and who are not talking to the IRS for clarification.

    Our take on the matter is the only analysis that is soundly based upon a volume of substantive evidence.

    Who is the note holder?

    This question cannot be answered posed as a precedent to subsequent transfers. It must be addressed under the scrutiny of a subsequent events analysis. This is imperative as the party named in the note as the borrower is not one in the same with the obligor.

    Why is this important?

    Because the obligor cannot benefit from the proceeds of the financing he receives with the household’s authorization and or implied understanding that is documented accordingly and is discoverable.

    What does that mean?

    The loan you received harkens back to the great depression and time when this type of financing arrangement was cause for unscrupulous lenders to take advantage of title. Herein we attest to an abundance of evidence that highly disguised loopholes in the mortgage banking system both (a) do exist and (b) were in fact exploited..

    No lender would ever get into a scheme that clearly demonstrates the transaction causes his claims in a defaukt fail under the rights of a surety claim. In a surety claim, the borrower is obligated to a debtor and the debtor is the affirmed obligor to a succession of obligors.

    People, your effort to enjoin the transaction merits the arguments for a gratuitous surety. The surety argument will not survive in light of the evidence for something else believed to have occurred in the alternative.

    A well pleaded complaint will go beyond the obvious, presumed and even the appearance of a verifiable fraud. Why? Misunderstanding for one set of deal terms alleging a fraud may not be the correct portrayal of the matter whereby the alternative explains how the parties were compliant.

    Irreparable harm is impossible to prove if you’re the party held to breach the agreement. Irreparable harm is somewhat a better chance to prove if your claims prove “they” are the party held to breach the agreement. Of course, right?

    Wrong! Irreparable harm is more likely to succeed if it can be shown the parties willfully breach the agreement, as is or in the alternative for claims, whereby you’re seeking enforcement to avoid loss

    Our conclusions are, the lender is not the party named to the promissory note as you think. If this can be shown than concern yourself next with the purpose for filing claims. Are you filing claims for repudiation or enforcement.

    Arguments state the note holder is a borrower only to the time the title holder is released from title. The devices and instrumentality use to corrupt the transaction are being applied again as the only means available to resurrect title. If so, and this is the case, enjoin the parties and enforce the transaction as it reads. This is the job for the attorneys. Hence, get the court to enforce the provisions of the transaction with no requirement to consider at what cost to either party.
    Herein you will find the prayer for enforcement a far greater cost to the opposition. Consider where they now must stumble for a whole new itinerary of affirmative defenses under a common law courts ability to decide the equitable elements as applied by letter of law.

    Think .
    If you cannot use Mers and a stubborn court to repudiate for claims of a materially altered contract for example, then perhaps merit rests in counter claims the opposition is relying upon. My take on this is to use the simple mortgage electronic method of recording as an asset in claims and to seek judgment to enforce an agreement and not to denounce a materially altered contract.

    ID_Accounting@yahoo.com

  119. Maybe so Poppy, but you cant modify or reaffirm an existing fraudulent contract without the permission of all the Trustees and Beneficiaries, Even if the changed the rules mid game …

    Don’t Sign Nuttin!

  120. KC,

    UCC 9 was modified in 2011, I think to “convert” the notes as MBS, bonds, etc….for the benefit of the bankster and investors.

  121. Do you see the conflict with UCC article 3?

  122. The economics in these nearly all BofA Wells Fargo structured financing deals do suffer from what analysts forewarned against as for the heightened risk in the event of a market collapse. In such an event the title holder’s estate that was transferred is discovered a victim of a sale lease back controversy used to collateralise a bond sold at discount to a foreign national bank.

    In these proactive arguments the analyst to counsel is looking at the construction of the financing arrangement the harkens back to ancient law. Over 100 years ago unscrupulous lenders used a security deed to take title in advance off a default. In this manner the principal debtor was (1) not a title holder and (2) not paying down a mortgage obligation. He was in fact working off purchase option to repurchase his home. Under a security deed (see Georgia) title is in fact lawfully seised representing he has transferred legal title unencumbered and free of liens except for those liens of record.

    CASE IN POINT – Where the property estate is held to a deed of trust with a grant deed under a conventional deed of trust , the fact the instrument is alleging to have seised the title from the estate is prima fascia to having enforced the grant deed element of the agreement in advance of a default. In this regard the mortgage origination under a security deed is for transferring purposes as if to have sold the title . And this is the alleged case for which the consumer household is an adverse party possession holding on to a right of repurchases at some later date.

  123. Good Morning Sunshine,

    UCC articl 9
    .

    Short Sales & Foreclosure Alternatives!

    August 8, 2012

    Amended rules, articl 8, articles posted, bankruptcy, Bonds, caselaw, claims, Foreclosing, foreclosure;livinglies;deed of trust;expertwitness;bank of america;lending;loans;real property;debt;bankruptcy;transfers;GAAP;accounting;realty;California;Seattle;Washington;Oregon; portland;arizona;m, foreclosuresale, GAAP, GMAC, loans held, Mary, Mary C. Wells, MaryCochrane, securities, Testimony, UCC articl 9, write me, Zero Coupon

    Leave a comment

    In this volatile and highly charged time of economic instability its difficult managing the prospects of losing a home to a foreclosure. Experienced mortgage sector analyst’s from Los Angeles California have stated in declarations their arguments that uncover bank foreclosures as something highly non transparent. It is impossible to recover collateral under such a clandestine set of circumstances needed to perfect title at sale. This is according to a 25 year industry participant and secondary markets trading expert. The analyst alleges the home for free argument is lost to the reality of the economics and situation causing title to rest disturbed.

    The economics in these nearly all BofA Wells Fargo structured financing deals do suffer from what analysts forewarned against as for the heightened risk in the event of a market collapse. In such an event the title holder’s estate that was transferred is discovered a victim of a sale lease back controversy used to collateralise a bond sold at discount to a foreign national bank.

    In these proactive arguments the analyst to counsel is looking at the construction of the financing arrangement the harkens back to ancient law. Over 100 years ago unscrupulous lenders used a security deed to take title in advance off a default. In this manner the principal debtor was (1) not a title holder and (2) not paying down a mortgage obligation. He was in fact working off purchase option to repurchase his home. Under a security deed (see Georgia) title is in fact lawfully seised representing he has transferred legal title unencumbered and free of liens except for those liens of record.

    CASE IN POINT – Where the property estate is held to a deed of trust with a grant deed under a conventional deed of trust , the fact the instrument is alleging to have seised the title from the estate is prima fascia to having enforced the grant deed element of the agreement in advance of a default. In this regard the mortgage origination under a security deed is for transferring purposes as if to have sold the title . And this is the alleged case for which the consumer household is an adverse party possession holding on to a right of repurchases at some later date.

    In a recent analysis provided the Los Angeles Times, the matter of a standing to bring a foreclosure is valid. According to M.Soliman, the argument is nevertheless so convoluted; the merit for alleging an unenforceable recovery fails upon the oppositions filing of a 12(b) 6 motion. The new law and order for motioning objections to claims is a pumped up demurrer on steroids.
    The failure to state a claim must expand the alleged lack of standing argument in order to overcome the defenses motion to dismiss. In stating the claim the Plaintiff is citing the following:

    Lender lack of Standing is argued due to:

    1. Failure to satisfy the states civil codes
    2. The assignee is not a bona-fide TPP of value
    3. Absence of collateral / collateral rights
    4. To foreclose in avoidance of accounting rules
    5. Missing requirements for a condition precedence

    A Failure to satisfy code for states sanctioned POS , for example, would maintain the foreclosure is voidable due to the states having lost all jurisdiction over the matter(See TARP and passage of 2008 “ACT”. civil codes. Further arguments citing where the accounting rules clearly cause the assignee to fail as a bona-fide TPP of value. Therefore the assignee cannot enforce the rights and entitlements of a holder under the judicial understanding for an abandonment claim.
    The matter becomes further problematic due to defendant’s absence of collateral or for having lost its rights in the value held in the original recording. Where the banks are held one in the same as a government, the government can avoid GAAP rules for accounting.

    Now the borrowers who take loans from banks are also allowed to avoid basic accounting rules. Where the home is valued at 100% of a current appraisal the mortgage is held at its current market value. So a mortgage measured against title in increments of $1,000.00 at 80% Loan to Value is equal to $800.00.

    The mortgages value is not based but found off the promissory note. Under the accounting rules for economic conversion the mortgage of 800.00 is valued off the HUD 1 advance into settlement for wire received the night before by the settlement agent. Let’s assume Deutsch Bank wired the fund into settlement for the disbursement agent to close the transaction. The mortgage notes value is demonstrated on the closing statement however it is calculated on an accrual based method of valuation determined by daily per diem interest out 30 years.

    https://foreclosurealternative.wordpress.com/category/ucc-articl-9/

  124. christine, on April 23, 2014 at 6:45 pm said:
    “With that hefty forthcoming deficiency judgment on 1482 Country Club, shouldn’t you look for a real job? There has to be a point where people take stock of their losses and move on instead of spewing hatred that hurts no one but themselves”…

    Not only isn’t John Wayne coming back but nor is the house. Deal with it.

    “HEY FOLKS”…..this is a personal address for me, Chris – Poppy
    Be advised she is diabolical and devious. When she cannot be heard or validated, this is what she is doing. Digging in to your property stuff and posting it publicly.

    Realizing this is “public information” I’m somewhat okay, but really? Posting this on the blogs and who knows where else. Emailed Neil…cause he’s an enabler of this wench’s intolerable abuse and further my county DA for cyber-bullying to see what we may be able to do here. ALL BEWARE!

    I will not be intimidated…she is a “bad apple” and all who deal with her, must always keep a keen eye out for her real agenda. She’s real trouble…

  125. Does anyone here have anything meaningful to contribute, other than “the sky is falling”? Brrrrrrrrrrrrrrrrrrrrrrrrrrrrr….”the people here are all losers”; (not my take), she’s still here continuously spreading doom and gloom! Hey KC can you quit feeding the troll?

  126. We are going to keep a large food and firewood supply on hand… stand our ground and protect our land while kicking the jackasses out of Congress and limiting their terms as we do the Presidency.

    My Sign Says … Caution! Half Blind Grandma at Play with Buckshot
    Locked and Loaded.

    Good Night,
    Maybe.. Somebody is Snoring already. LOL

  127. Oops,

    Last thought…

    Not about the house. About what people do next.

    On this site, they lose, stick around and attack whoever points to the reason for their loss. Obviously not prepared for what’s next, way beyond a damn house…

  128. I agree Christine, I am a 20yr cancer survivor, I know how to count my Blessings. There is a preventive treatment for Cancer as I am living Proof. But you don’t get it off a Pharmacy Shelf or a Hospital. Its a Gift of Nature and Big Pharma Hate It! Another Blessing for Us!

    Good Night Christine, Sweet Dreams Friend

  129. KC,

    Before I go to bed.

    Think about this: American medicine treats. That’s all it does. The longer the treatment, the more money for hospitals, MDs, Pharma, investors and the likes. Money, money, money. Keep them alive… and sick!

    Everywhere else, medicine heals or you’re out of business.

    Until American Pharma takes over by killing hundreds of healthy kids in Chad or Sudan by inoculating them with Bill-Gates good-conscience Big-Pharma crap. Then, we have… sick people to treat and make countries dependent on American medicine.

    Thing is… humanity is 250,000 years old. America is 300 years old. There are trees and plants in Africa older than America. Baobabs are 1,000 years old. China loves them. Know why? In China, a well paid doctor is one whose patients don’t get sick. Preventive medicine at its best. And check the statistics on cancer there versus here…

    Makes you dream. 198 countries in the UN are fed up with money, money, money.

    America is losing grounds everywhere. It will be painful here. It is happening. What will you do about it?

  130. Small Family owned farms here still grow non GMO products and sell them at the Farmers Markets and Common Grounds. A Blessing!

    I know .. Right? Poison us and force us to buy their health care plans?

    We have a down to Earth Doc …. doesn’t push big pharma meds.
    Another Blessing!

    I’ve been prepared for the crash of the dollar since 2002. And there isn’t a dag gone thing we can do to stop it except Pray that WWIII doesn’t come with it. The way the war machine is operating in Washington right now …. I have my doubts.

  131. And KC…

    American medicine has never been awarded the WHO prize. Ever.
    It sucks. Big time. Don’t fret over it. And American agriculture is… well, Russian wheat is non Monsanto. So is China rice. And most of Europe’s crop. France is 100% non GMO.

  132. “Christine, what you are suggesting would shut down the hospitals and all emergency services, farming and food supply, law enforcement and schools, fuel and energy supplies ….. etc … ect…etc…”

    KC,

    You don’t get it, do you? It’s coming anyway. Either people cause it to happen because they have a better vision for themselves and they can immediately take over or they passively suffer it when it comes and they have no response to it.

    Either way, it is coming. It’s not a question of “if”. Only a question of “when”.

  133. I still say the best plan of action is infiltration and extermination.

  134. Christine, what you are suggesting would shut down the hospitals and all emergency services, farming and food supply, law enforcement and schools, fuel and energy supplies ….. etc … ect…etc…

    No Land = No Food Supply

    No Assets=No Ability to Barter

    I have two special friends, one is old and one is new… one is silver and the other gold, and I don’t keep them in a bank.

  135. Java,

    It takes a vision and courage to go through. Bundy got a reprieve because enough people had the same vision, the same sense of urgency and the same will to take action. As long as they do, not only is Bundy safe but so are many landowners in the area.

    Homeowners victimized by banks have shown none of it. All they have proved so far is how dysfunctional the 99% is in front of a cohesive, homogeneous, purposeful and driven 1%.

    People still file and pay taxes. People remain in “secure” jobs and agree to have taxes taken out, knowing that whether they pay or not, they will still lose those jobs thanks to Congress. And people pay their tormentors’ salaries to boot.

    The 1% are not to blame:the opportunity was there and they seized it. The 99% are: they allowed it. And still do.

  136. I’m with Christine. Stop feeding the machine. It is the ONLY way to fight it.

  137. Topped with a Cherry?

    None of them is the Party Named on the Warranty Deed we didn’t legally grant or convey because we didn’t have the right to.

  138. Shorts ….

    Myself … 6 claims to the note in 6.5yrs

    Ian …. Nailed It!

  139. JG, try this one.

    I pay you 5yrs interest in advance and the principal in 60mo.

  140. Actually, Ian et al, if the trust and or its investors had sec interests in the loans, it would be because no legit w/h lender’s.
    What NG is saying, is he not, is that all the banksters (a to c) used the investors’ funds as their personal warehouse lender / funders (and promises to pay, if that (because even that takes time) and now that I hear of the “TBA market”, feel we have to consider it) and are now rewarding them with loans in default? But, if the UCC creates security interests in the loans, it would be at the face amt of the notes and to be credited with any payments made. I think. And I also think if the loans weren’t timely transferred, this means the banksters one way or another owe any ‘short’ on the amt of money after liquidation which is owed to the investors/ or any secured party by virtue of the note’s balance at the time of the creation of a security interest.

    Like this: I pay you 500k for a note. You don’t deliver it for a year, but you do give me the payments made by the borrower or a co-obligor.
    The loan is now in default, you now want to transfer it (gee, thanks), and the collateral will only garner 350k. You gave me payments of 20k, say. That’s 370k, but you owe me the other 130k, way I get it, because my sec interest was 500k, not 370k. You might argue laches (mol an inexcusable delay in asserting one’s rights) because I failed to see to it you forked over my note and dot, but such an argument might well fail.
    I don’t know fwiw.

    If you didn’t deliver the note and sold it to someone else and actually transferred it, endorsement and all, does the UCC find you had nothing to sell or does it find the new buyer is a hdc, having paid and taken in good faith with no notice of my claim? I think it’s the latter* because the new buyer is a gf purchase for value and I’m the one who didn’t see
    to it I got my note. But I still have a claim against you, albeit unsecured. I think.
    strictly lay opinions
    *this assumes I didn’t perfect my security interest in a manner which would be deemed to provide notice to the new buyer.

  141. NG asked:

    “Why any court would allow the conduits and bookkeepers to take over the show to the obvious detriment and damage to the real parties in interest is a question that only legal historians will be able to answer.”

    Answer:

    “Yes, the SEC was colluding with banks on CDO prosecutions
    By Felix Salmon APRIL 9, 2014

    Back in 2011, I asked whether the SEC was colluding with banks on CDO prosecutions. And now, thanks to an American Lawyer Freedom of Information Request, we have the answer: yes, they were.

    This comes as little surprise: it beggared belief, after all, that every bank would end up being prosecuted for one and only one CDO. But now we have chapter and verse: the key precedent, it seems, was the first one, Goldman Sachs.”

    [For the thick minded: Read the rest by clicking on the following link]

    http://blogs.reuters.com/felix-salmon/2014/04/09/yes-the-sec-was-colluding-with-banks-on-cdo-prosecutions/

    Now for my own rant: Judges CANNOT make decisions outside of the scope of their authority. Asking them to do otherwise is asking for a hell of a lot more trouble than we already have. Judges DO NOT write or rewrite laws. They enforce the existing ones to the extent of their authority and their understanding and thank Gawd for that!

    Don’t like the SEC stand? Stop paying those moochers’ salaries. Don’t like Congress’ lack of involvement? Stop paying those moochers’ salaries. Don’t like government’s condoning of the revolving door? Stop supporting it. So simple and yet…apparently beyond 99% of the population’s intellectual abilities.

  142. Since I’m mol wailing on NG, permit me to be clear: what I’m irked about, for one, is his assertion that if the lenders funds’ were stolen, embezzled, converted, what not, that makes or should make them the lenders. I doubt it. It creates a hornet’s nest for sure, but I don’t believe after scrutiny and finding the funds were used at the closing table, that makes or should make them the lender. I concede I don’t know, but I also don’t posit I do know. cough. cough. I assert that security interests may have been imposed. People have made loans with pilfered funds somewhere the heck in history. What does the law say, NG? Now, given the appearance of it being rote in this mess (an appearance created by thee), it may be a time when equity would overcome the law in the interest of “universal” resolution, but I doubt it. But, maybe. I can say maybe, but that’s it, my man. If and where I’ve misquoted you, I apologize, but I think I didn’t.
    And, nod to Ian on numerous security interests, isn’t that a fine mess?

  143. Time to throw back in what the ‘others’ did with any of those loans for their own benefit (when getting paid but not transferring), because I think the UCC says that whatever such a party received must go to the benefit of (be given to) the secured party. Does the UCC say a party who paid but didn’t get a note then also have a security interest in the funds the ‘others’ received (in addition to its right to receive those monies)? I don’t know.

  144. KC,

    Nothing to do with you. The intended recipient knows who she is.

  145. Christine, do you want to elaborate? CR?

  146. JG, they misappropriated (embezzled) the investors monies. Yep!
    The investors got the Mortgages/DOT but not the Notes.
    You are right the trusts were unfunded and they charged off the notes in 2008. Then they fc’ed like crazy or litterly crammed mods/refi down your throat during the 24 mo black out.
    Those Trusts that remained were funded in 2010.

  147. With that hefty forthcoming deficiency judgment on 1482 Country Club, shouldn’t you look for a real job? There has to be a point where people take stock of their losses and move on instead of spewing hatred that hurts no one but themselves…

    Not only isn’t John Wayne coming back but nor is the house. Deal with it.

  148. NG “Investors should’ve been the note payee, the mortgagee, the ben, etc?” Never minding that they’re not licensed by anyone to make loans themselves, how is that again, even assuming it were their money? You have repeatedly failed to support that proposition. And even as you haven’t or if you had, how could that make them the named anything when they WEREN’T?
    A wish and a dream? Some equitable prop you haven’t supported, either? I think the only thing a law might support is the creation of security interests in those loans. When you keep saying this stuff, Mr. Garfield, imo you are getting people to look at a false goal. We have to look at what we can support and what the laws are for that, not a goal to find an arrangement that wasn’t done and can’t be done, even if it were found equitable to impose such a thing? What can be done? Could the investors’ funds at closing or otherwise for closed loans find the investors with security interests? And then what, if so? Let’s say the investors money were used to buy loans (if went into a trust). Let’s say the investors money were used to buy loans (for someone else’s benefit, like B’s or C’s) but didn’t go thru a trust, or did go thru a trust?
    Under the law, what does any route mean? Was the money stolen?
    Was it embezzled? If the investors funds didn’t make it into a trust, guess there’s not much of a trust, or it has no assets, with the exception of possibly security interests of the investors. Something like that. I couldn’t possibly know where the money went. But I can believe the investors’ fund were used to table fund or buy closed loans
    for someone else. WHAT does the law say in any of those situations?
    If the money went into the trust and paid for loans it never got, then that’s one thing. Does the law, as I think, create security interests in those loans? And then what? Never minding for the moment (only) what the non-deliverer did with those loans for its own benefit, what may a trust which is to engage in true sales by a time certain, do to protect its sec interests (if any) or to be able to enforce those notes against their makers (assuming if they had taken transfer, they would otherwise be able to enforce against the makers, which I’m personally not so sure about)? In ‘normal’ circumstances, such a secured party might issue a mandate: fork over my loans or else. But what about a remic trust? It may be that NO law currently on the books addresses their remedy, because one isn’t supposed to be needed (not a good reason for one not being there, so maybe there is one). May a cut-off-date burdened trust ‘convert’ its interest from security interest to ownership post cut-off? Or may it enforce its security interest (if any) and how exactly? Imo, this is what we’ve got to work with, is a security interest created as a matter of law and if so, what’s the cure for a trust
    if it’s not getting paid? The GSE loans have a contractual remedy, basically a repurchase (though as I’ve said, how this gels with a true sale with assumption of risk, got me). What about all the non-gse stinkers? What does any law say if the paid-but-not-received sub-prime trusts aren’t getting paid.
    What’s their remedy, against whom (besides imo the secn trustee)?
    But, under it all, imo we’re still not getting anywhere as long as we don’t fight a court’s imo errant idea that one in poss of one of THESE “bearer notes” has a right to enforce against its maker, by at least doing two things: 1) standing on the language in these notes as to whom may enforce and 2) demanding to know if the claimant claims as a holder or a hdc (more definitive statement). If there’s a presumption of hdc, it must be overcome and imo, it may be with some work.
    I’m taking the gloves off fwiw because I think I have to, even as I truly appreciate your considerable efforts and this web site.

  149. Got Syanide?

    Its no Secret I have issues with Most brokers.
    Those of you who know this … Please Pardon My Mouth, its the pills.

  150. Thanks Poppy!

    I Believe I Will!

  151. OK KC let stop then? You keep starting it! How about I take a pill?

  152. I filed the complaints via paid attorney (not as a WBC that I could collect on off the backs of the working taxpayers), but because it was the right thing to do and it was not likely to get ignored being filed by our attorney.

    That’s the difference between Me and You.

  153. KC to take two aspirin and a nap

  154. Someone tell KC to take two aspirin and a nap.

  155. RE: take your pills babe

    1. I’m not your babe!

    2. Antibiotics are not going to help you, and I don’t do Happy Pills.. that pretty much means I’m a Bitch when I’m sick.

    3. I suggest you put a sock in it and run like Hell boy!

  156. No Charles, I’m not mean. You just don’t want to hear the truth, or you just don’t want to except it. They started the program after the FACT to make sure there was compliance. You and I both know there wasn’t.
    So please explain to me who you are trying to convince? Me or Yourself? I know the answer to that one …. because no reasonable person in their right mind would be on here spewing that BS, unless it were for selfish reasons! Because your mouth is costing taxpayers money NOT saving them! We bailed out the banks to remember???

    Is this what is has come to with you? Make-Up Sex?
    I’ll Bust Your Balls Right After I Bust Your Ass Boy!!

    Pervert!!!!

  157. KC I been clear since Aug 2011 as to what my plan was and as of late it going as I expected, and if you been reading what I put down it was key that rich investors and their attorneys were fighting for their interest in the securities and it would bring this crap to the surface.

    You need to clam down and face the fact that some people are going to get the reward for turning in these thieves. I get that your mad about your situation and none of us has an answer for you because you think you know it all and you a mean person period.

    I applied for the Whistle-Blower program with the SEC the very first day the program started so if I figure I got a great chance of receiving something but you got not chance at anything because you did not file.

    PS the reason the have rewards is because without reward the chances are that they receive no leads at all, and the crooks get away with billion in the case of Ginnie Mae. Chill out and take your pills babe and it going to be all right.

    I had to leave you alone yesterday but you keep want to keep having this make-up sex with me!

  158. Charles, are you rethinking that whistle blower claim you are counting on? I sure Hope So! Your time is running out, once you know how they harmed you …. then you will know what to do about it.

    Many Blessings to All

  159. Jan van Eck, on October 23, 2012 at 1:32 pm said:

    The “break in chain of title” is not properly described as a “civil theft,” but as a “criminal theft,” a larceny, although admittedly in actual practice nobody is going to do anything about it. The difference is that if you describe it as a “theft by conversion” then you can obtain as a remedy, either twice or three times the value of the property converted (depends on the State, of course). In my view, in many cases, suing for “conversion,” even if you still have possession of the home and the adverse has effectively seized the title by filing transfers on the Land Records, is much more profitable. Getting whacked for treble damages on a conversion count takes the fun out of stealing houses. Banksters beware: I will whack you every single time on a conversion count. usually attracts attorney fees also (a nice touch).

  160. My Husband is one of those cases ……. !

    Turkeys!!

  161. Homeowners who never missed a payment could run into trouble when title issues prohibit them from selling the house. And I can give you a giant stack of cases of servicer-driven defaults, where false documents merely added another layer of illegality.

    http://www.salon.com/2014/04/23/massive_new_fraud_coverup_how_banks_are_pillaging_homes_while_the_government_watches/

  162. http://www.consumercomplaintagency.org/

    This May be a way to put pressure on Corporate America
    Be Vigilant America!

  163. How dare this endless “sinkhole” of a mind challenge anyone…Good gawd folks aren’t you abused enough? Why would anyone want to abuse and assert anything against people who are already suffering, like she has all the answers? I mean, really? The desperation to be heard and validated is endless…just saying

  164. What part of 1 million forged assignment by DocX this little company in the suburbs of Atlanta, that does not inform the Fed Gov that the servicers/lenders did not have the proper documentation to foreclose.

    MERS handled millions more files but there was not a call to undo all theses files! Now they cannot not undo this crap because the judges are not allowing the banks to foreclose if they cannot provide proof of purchase!

    Simply show the Judge the MONEY!

  165. Christine there is one time about the Ginnie Mae pools is that they are all in a uniform system and now that the judges (especially in NY) have got on to the parties filing for foreclosing have “No Standing” they are kicking these complains back.

    Its NY which is were all this crap was sold to investors and is why Ginnie Mae is asking for the security instruments? It to provide cover for allowing this mess where the FHA had a $70 billion loan losses. I starting to even think that Ginnie Mae was just that stupid that they been doing thing forever one way that they could not even question who actually had the debt.

    These clown felt that because they were the Fed Gov that state foreclosure did not apply to them, because no state ever question when a FHA or VA loan came through because the state were under the impression that the FHA & VA were lender and somehow had some Federal authority, when in fact they don’t.

    This is coming to an end very soon for Gov loans in Ginnie Mae pools!

  166. It was a rare burst, it was precious, it lasted a few minutes and it could have led somewhere out of group therapy. It won’t.

    Let the insanity go on.

  167. Christine I only really write so that when there is monies being passed around I am in line, so in addition to the blank Note, forgeries and letter from Wells Fargo and Ginnie Mae and their legal team who actually in trying to conceal the problem, put me onto the full scheme back in Oct 2010. I got an internet full of postings everywhere plus hundreds of letter and emails.

    I have got the proof and so does the FBI & Justice Dept. Now of this is complicated but it was well hidden, but if you cannot see by Ginnie Mae’s President in Mr. Tozer admission that document are missing in these FHA & VA files that are part of the Ginnie pool, and setting up that statement with the transferring of these files never uses to happen, so there was no need to check, but now they want the security instruments, because the actual fact is BOA and WaMu they no longer exist making it impossible to transfer these files. Who is authorizing another service arrangement? Nobody can because nobody is the holder of the debt because it was not purchased.

    The writing on the wall and Ginnie Mae is just setting up the fail. The banks are in the position where I am sure the government knew what was going on, but the Gov did not authorize a crime in creating forgeries to take place “wink & nod”!

  168. Charles Reed,

    You had a rare burst of genius at 9:48 am today when you wrote this:

    I do agree that it possible that what Neil is talking about might have happen, but were is a single bit of proof, other than a judge allowing Neil to look into the books of some mystery money man to see if they provided trillions to the bank for the purpose of this fraud?

    You asked the right question: where is the proof? Stick with it. That’s the ONLY question you need to ask. And then, you can decide on your own strategy.

  169. Charles, its Neither ….

    I’m the Legal owner and I occupy the property.

  170. KC at some point you need to stop getting mad everyday. Your story is so confusing who knows what you got. But if you were not the landlord then the girls must have put you out of there parent house, so which is it?

  171. Christine, those who know me well…. know I have low BP.
    Just an hour ago it was 99/60.

  172. “Good Evening Christine, yes, I took my meds, the doc put me on a load of horse pills.”

    Looking at the frenzy you’ve been working yourself into, your HBP medicine will need some serious adjusting. Hey, Charles’ alleged whistleblower claim is not your problem. Don’t make it so and hug this entire page please.

    And the guy had an epiphany at 9:48am. Give him credit for that.

  173. Ian, I’m only coming down on Charles because he has set his self up for failure. I never said he didn’t know what he was talking about, I said that his 2011 whistleblower claim is BS!

    Charles, I don’t know how many times I must say I DON’T DO INVESTMENT PROPERTIES AND I’m NOT A LANDLORD!

    Good Evening Christine, yes, I took my meds, the doc put me on a load of horse pills.

  174. Ian Thanks!

  175. That whole exchange was quite enlightening… Two deaf throwing at each other screaming accusations of being hard of hearing. Guys, take your medications already!

    Java, don’t take offense. You know what you’ve tried, you (and a few others) know whom you’ve consulted and you know who you are. Consider the source and let it slide.

    Just remember:
    1) hurting people hurt people
    2) hurting people take offense for everything and attack for no valid reason. Lot of that here… Don’t allow it to get to you.

    That NG post is still nothing more than one of those lengthy editorials no one here can put to any kind of use.

  176. KC- I for one believe that Charles Reed knows exactly what he is talking about. I read his posts 2 years ago or so and then looked for corroboration
    while reading Wamu/JPM foreclosure cases with his knowledge in mind. He is correct in all that he says.
    It is rude to attack him because he isn’t the greatest writer but who cares? I’m not going to proofread his posts for those who can’t discern what he’s relating to us. Knock it off.

  177. KC why did you pick the fight yesterday and today? I don’t know you from Adam yet you already know how I was going to react from your comments, but you had to go there.

    Look I don’t actual know about your situation with the estate sale and I am not taking side because I don’t know the true story, but your starting these arguments I think because you have so much hate over your matter and nobody else actually converses with you because your that 1% that purchased a house in an estate sale, and your an investment purchaser and that not what Neil writes about nor the other people here talk about.

    I get it that you have no other place to vent, so you come here to vent, but the other 99% cannot identify with you so you post a million time some stuff that no one taking the time to look up information, because it does not effect them!

    Now if you actual did know about DocX in 2007 or 2008 you need to see were that claim is. My claim not about in general about DocX because I had no first hand knowledge of DocX, but there process of effecting the Ginnie Mae pooled loan and how they were foreclosed is the the larger scope with MERS!

  178. Thank you for your continued info. You are so RIGHT!

    Sent from my iPhone

    >

  179. The only thing you Blow is Hot Air ..
    You couldn’t carry a tune if it hit you upside the Head!

    Whistling Dixie!

  180. Charlie, what has your own Pro Se legal advice gotten you?

    A Smack in the ole’ smoocher!!

  181. RE: KC where has your lawyer gotten you?

    Not sitting on a curb trying to catch a run away train! Pfffft!!!

  182. Are you friggin kidding Me?
    Their parents estate attorney cost them and us legal fees with our own attorneys!

  183. Java, I am sorry to hear that. Best Wishes to You and Your Family.

    Charlie, you can tell yourself want you want to make yourself believe the spew from your lips ….. we are not asking those gals for a dag gone dime … not in legal fees and not the money they received from the sale of their parents home.

    Kiss Off!!

  184. KC where has your lawyer gotten you? We don’t have time to teach these attorney to tell people how to arrange some lame modification or tell people to quit because houses are not free.

    We will see here very soon who is right by submitting the whistle-blower claim or your way. Keep hoping that those girl will testify and paying your attorney for the results you would have gotten on your own and that zero!

    I figure that with all my complaining it had something to do with the Independent Foreclosure Review Board settlement! I will keep on with the battle to win the war while your not doing anything for anybody but yourself! Your $140,000 title situation is only relevant to KC, while the rest of us have greater widespread situations that many can use. Investment properties are not ever going to be on the radar!

  185. KC. If you are telling me again to get a lawyer. I am telling you AGAIN. Many have said no thanks. Even after handing over all the paperwork and timeline I put all together myself. So it looks like the fight for me is pro se, thru no choice of my own, but that’s ok, as I am up to this fight. It just may take longer than I would like….

    If you are telling me something else Again !!! I have no idea what it may be.

  186. Java, I am giving you the same advice AGAIN!

    Do It NOW or forever hold your peace!

    Take It or Leave It

  187. I know DW, I know.
    Nobody has a right to force everyone into legal battles at their own expense … THAT PISSES ME OFF TO NO END!

    Please Deb, if you ever listened to anything I’ve said here the last few years….. Listen to this!

    Now is the time to Do It! Hire an Attorney!
    Its the only way to stay Honest and fight the Beast at its own Word Games!

    Please!!! Do It Now!

  188. And Charlie, just to clarify … those babies are older than I am, daughters of a very prominent father

    Just Sayin ….

  189. let me tell you KC. Theres a big darn awful story as to why im pro se and its nothing to do with being a bad sport…
    As a pro se litigant i do have to ” behave” i do have to flollow the rules but i dont have to play their game
    I stick to the right path rhe right wAy based on the truth as i know it to be truth. Mighty powerful tools i have.

  190. Charlie, you may want to change your strategy ….
    You are better prepared to play the game of

    ” The Biggest Loser “

  191. Oh My Heavens! Nobody ask KC to behave! Oh No!

    mxcvnlaskealkdhga’lsdj’akegja’ldhg:LDgj
    aejA:Djgaodjg;adsjga
    ;oiegjoaut;dkjga;sdjlgpaodsjg:Dgjpowejigja
    oidgta[0woi

    Yep, that says I still Live Here! I pinched myself just to be sure!

    And Mr I want to be a Millionaire who didn’t hire an attorney and got booted to the curb ….. is giving legal advise pro se on how to be a loser and wanna be millionaire!

    Behave KC? Anybody?

  192. KC obviously they see it in a different light or you would have the property. The citizen have decided that they would rather give part of $70 billion to one person or a group oppose to have not having any of the information to recover $70 billion.

    You don’t get anything if your not providing valid information and for that JOB one gets from 10% to 30% of the monies recovered. Now keep trying to get that $140,000 from those babies who are not going to court to testify that your husband was in the right!

    Let your husband do the talking as he the one that did the deal. Now Chick I am through with you for a while. You need to stop picking fight as you started yesterday and to day and the first time! Put something in your pie hole!

  193. KC, on April 22, 2014 at 11:52 am said:
    It dag gone Impossible to transfer, convey or grant anything ……
    When sumbutty kept the deceased trust open and the title in it. 2010

  194. DW,
    Watch out for those Avalanches of White Paper Fluffy Stuff they try to bury you with.

    Its always advised to go back to the beginning with a Good Estate Attorney on your side.

    Best of Wishes to You!

  195. The only thing you are Charlie is a Free Loader trying to catch a Free Ride on a Run Away Train

    Good Luck!

  196. Indeed KC , and I’m wide wide awake

  197. If the children of the deceased were paid (and they admit they were, no mortgage to payoff) and closed their parents revocable trust in 2007, why would they have a problem testifying that the Deed they granted was altered and forged before being presented to us?
    How is that you see it as we are stealing?
    We were the ones stolen from!

  198. KC stupidity is your when you actually figure how much money will come of this exposure which as Sen Warren has said is as much as $39 billion and if you take in account that FHA took a $70 billion loan losses.

    So the rewards for all parts of this mess is from 10% to 30% yet your trying to get $140,000 properties from the children of the dead, where is the right and wrong of that? It her parent’s home and this reward money is for actual providing the Fed Gov monies that were stolen from the tax payers.

    KC your acting as if a crime is being given out and people should not want the money! Money makes a person who is a good person able to spread more goodness instead of begging for thing to get done, you got that means to actual walk the walk!

    Chick take a chill pill!

  199. BOA motto?
    Do you mean BOA business model?

    Both work for me ….

  200. FYI … I’m not a landlord, I don’t want to be a landlord.

    Family Properties

  201. So now you see why BOA motto was “fundit”

  202. DW, all while somebutty is throwing dirty snowballs at you from the top of the hill

    The High Road is not always the easiest, but you Get a Great View!

  203. And this is my case- peddling ( excuse the pun) backwards, uphill in the snow with no crash hat- onward.

  204. Charles just cant get over the fact that I didn’t want rewarded for doing the right thing.

    Oh Well …. the bigger the ego, the harder they fall.

  205. Lorraine Brown/Doc X was the first account I ever sent out for collections other than rubber checks, You might say, I was used back then.

    I don’t like being used or snookered!
    But I do play the Game by the Golden Rule! Its in the Rules!

  206. KC, so Ms Slum Lord you missed out on $18 million that Szymoniak got and you beat her by over 3yrs before she took her client information for her own? But your trying to steal these kids $140,000 property?

    All your talking about is some $140,000 but you filed some Qui Tam with your lawyer and your share of the MBS that your an investor of?

    How did you know about Lorraine Brown in 2008 & 2007 but got beat to the point 3yrs later and you have an attorney?

    Get your stories straight as year of ripping off people as a Leona Hensley type of chick!

  207. It dag gone Impossible to transfer, convey or grant anything ……
    When sumbutty kept the deceased trust open and the title in it. 2010

  208. RE: Now go try and steal that property form the children of the dead! Rest in Peace Chick!

    Listen Up Boy
    The Trustee/Benies are consenting to QT, they admit we paid them, and we Believe they didn’t know what happened at closing anymore than we did.

    After all the Bene/Trustee didn’t give a POA to her parents attorney

    Ut OH …

    Shove Off Matie!!

  209. Moron!!!

    Someday I will post my 2007 and 2008 correspondence with Lorraine Brown of DocX. But that’s old News!

    LPS on the other hand …. Never Mind!

  210. I’ll give you a slum lord alright … right in the ole’ smoocher!!

    I already told your Greedy GrAss, NEVER MIND!

  211. KC you started this crap and your simply mad that someone going to win a lot of money but you cannot do anything about that SWEETIE.

    Now your statements are stupid because in the case of a Wells Fargo or BOA the servicer has the file and they are acting also as the custodian of record and its there job to know if the titles are defective. The investors who are the owners of the securities and not the loans, but the loan are a part of the securities.

    What don’t you understand about foreclosing is a state deal and whatever the servicer is trying in submitting forgeries that Lynn Szymoniak proven that at least 1 million forgeries were created and sold to these clown as Lorraine Brown is currently serving time for the forgeries.

    If you are a investor then you battle is with the issuer and the homeowners are not in anyway committed to you as they not sign a contract with you and your dealing are with the issuers post the home loan closing.

    Now go try and steal that property form the children of the dead! Rest in Peace Chick!

  212. Listen Up Boy!!

    I am the Investor … I know dag gone well who got title and who got the notes!! I also know who abandoned title without the notes!

    Good Grief!!!
    Shut Your Pie Hole Already … Nothing Here to Feed It!
    Get A Job! Get a Life!

  213. If your 1098s since 2010 show no pmi payments ….

    Never Mind!

  214. KC my sweetie my sweetie, Ginnie Mae is not admitting that they pushed bad titled loan back on the lenders/servicers who are suppose to be “issuers”!

    KC here the deal and that is the the MBS investors have purchase the pooled loans and anything that happen while one is owner of these securities has a responsibility to thing being done legally. So now that its been proven the the assignment are a fraud, the investors must account for the illegal fund they been receiving! Period.

    To be so smart you are so stupid as you don’t understand the game that being played and long after everybody is paid off, you will still be trying to get that poor girl to give over her interest in her paresent’s property “rest in peace”……..because the poor slum lord does not respect the law.

    By the way if the title has a problem what exactly does the servicers do to fix a blank endorsed Note that was relinquished to Ginnie Mae and the investors as the underlying collateral for the securities. My dear KC the problem is once Ginnie take physical possession of the blank Notes there never a time were these Note can ever be transfer again because there is not party listed on the Note and there is no proof of purchase.

    Please get your fact straight!

  215. “I do agree that it possible that what Neil is talking about might have happen, but were is a single bit of proof, other than a judge allowing Neil to look into the books of some mystery money man to see if they provided trillions to the bank for the purpose of this fraud?”

    Very good Charles! Most reasonable thing you’ve written so far. You’re getting the hang of it!

    That’s exactly what (serious) people have been asking over and over and over: is this a fairy tale (and NG is perfectly free to write anything he wants, including allegories and such but he needs to present it as such) or does this purport to be a legal tool people can use in their own defense, as he consistently represents when he bandies about his legal background, litigation work, non-existing wins, and so on.

    Where is the evidence? Where are the winning cases? Where are the winning pleadings? Where are the winning strategies? Why have so many people attempting to use NG fared so poorly? Why are so many attorneys, whose livelihood depends on winning cases, so reluctant to touch those editorials with a 20′ pole?

    Why are so many people who lost their house and everything else by using these fairy tales still posting here and defending NG tooth and nail?

  216. Its like this …..

    You break it … You buy it!
    (you hold liability to all harmed)

  217. to charles reed,
    everything that neil has said happen. i have no doubt it happen.
    i went the other day to get a complete copy of my closing docs from the closing agent from 2005. and i got all docs even ones i know i was not supposed to get.
    like the complete closing instructions, and behold the COPY OF THE WIRE TRANSFER FROM HIS BANK..SHOWING WHO SENT THE CREDIT WIRE FOR THIS LOAN. AND BEHOLD IT WASN’T THE LENDER THAT SAY I OWE THEM MONEY. NOT EVEN CLOSE.
    AND TO TOP IT ALL OFF. ALL CHECKS THAT CLOSING AGENT USED WAS FROM HIS ACCOUNT NUMBER AND CHECK BOOK SO REALLY NOWHERE AND I MEAN NOWHERES IN ANY DOC THAT WAS AT SIGNING IS THERE ANYTHING THAT SHOWS I RECEIVED MONEY FROM THIS LENDER. NO ONE CENT..

  218. Charlie, you are still FOS! Read the GM/FHA servicing manual about how they handle short sales with bad titles…. THEY DONT!
    Its pushed back on the plender/servicer to take the hit.
    Always has been … always will be!

    Just Sayin ….

  219. Javagold the house is your also because the loan was unsecured and if there is a counter party that got a actual claim they can take you to court for the monies if they got the proper document, but if there not that lawful party the house and payment are yours.

    Neil not even in court with a client with this theory and the entities he talking about have trillions in assets and no one else claiming this happen, so why would they allow Neil to live? It would seen that their would be this disconnect in who would be transferring the funds and why the funds were transferred! So your talking about the beginning process with the Federal Government used a special rule to go after the banks for the government insured loans that the bank approved, so it seen like even if Neil is right the statue of limitation has already run out unless you get the Federal Government to go in on the case.

    Now the attorneys already have situation to attack the bank for fraudulent foreclosure because as Ginnie Mae is now doing and asking for the assignment is the train they should be jumping on, but that window is closing fast because the Fed Gov is dealing with it now and should settled some bs amount with the all the parties involved as these transaction exposes the Fed Gov to liability in selling the properties that they purchase at the foreclosure sales!

  220. I want every last dollar I paid on the mortgage on the house the SERVICER fraudclosed on for a hidden investor with robo signed and post dated assignments. I will not stop until I receive that , they can keep the house, they wanted so badly.

  221. My problem with Neil theory unlike what the banks are currently caught at and that the assignment are fake. I not heard of a single insider pill the beans on this, and even in the explanation Neil sound best like a fisherman on the search instead of one case where he knows on some day the monies were give to the lender by X investor for the purpose of making loans.

    I do agree that it possible that what Neil is talking about might have happen, but were is a single bit of proof, other than a judge allowing Neil to look into the books of some mystery money man to see if they provided trillions to the bank for the purpose of this fraud?

    We might as well get some poles with bait on hooks and start dropping them into corporation’s bank books? Where is the source?

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