Use of Factual Findings of Servicer Advances

It is important that the content of the report dealing withservicer advances be argued strenuously.Servicer advances have been received by the creditor, thus reducing the amount the creditor is expecting to be paid. Hence there should be reduction in the amount that is due from the borrower — to the extent thatactual payments have been received by that creditor on this account whether the borrower was the source of those payments or not.The servicer has agreed to make the payments to the creditor regardless of whether the Borrower paid or not and has continued to make payments apparently right up through the present. The Title and Securitization report says that.

Hence there could have been no default. The acceleration was a breach of contract, the amount due for reinstatement was wrong, the amount due in the Notice of Default was wrong, and the amount due as claimed in the lawsuit is wrong. simply stated, there is no basis for a foreclosure lawsuit or even a suit on the note.

The servicer is trying to convert a hypothetical claim against the borrower fro advancing payments into a claim by the creditor. It is masking the fact that the creditor has been paid and that the servicer wants to recover the amounts advanced in lieu of payments from the borrower.

That would, at best, be an action for unjust enrichment, if they were able to prove the elements and it would not be secured by the mortgage.

The mortgage only secures indebtedness on the note — not to a claim outside of the note where a third party either as volunteer or intermeddler made the payments. The note is evidence of a debt owed by borrower (debtor) to the creditor. The creditor is the Trust according to their own pleadings.

Hence the creditor is not alleged to have a default on its books and records because it has been paid. The mortgage only secures THAT debt to THAT creditor. If it were otherwise, off record transactions would cloud the title on  virtually every mortgage loan creating uncertainty in the marketplace where no lender would make loans because they could never be sure whether some off record activity had occurred and that the payoff of the previous “lender” had included the money due to the secured party. Such a subsequent lender might inadvertently be placing itself in a  position of liability to the borrower for an overpayment to the creditor.

I provide litigation assistance and expert witnesses with real credentials who will corroborate this in expert declarations, affidavits and live testimony, if the facts match what is stated above. call 954-495-9867 or 520-405-1688.

 

88 Responses

  1. David Einhorn “I Asked Bernanke Questions, And The Answers Were Frightening”
    Submitted by Tyler Durden on 05/06/2014 15:40 -0400

    http://www.zerohedge.com/news/2014-05-06/david-einhorn-i-asked-bernanke-questions-and-answers-were-frightening

    The interesting part start at 15:00 minutes. Unreal!

  2. Just Me, Take care of yourself and your Family 1st!

    Best Wishes to You All!

  3. “mortgage buttwipes” I second that!
    I’ll do what I can KC. Always do.
    I meant `job` as in doing “THIS” all over again. It’s a job in itself.
    I got more empathy, listening and understanding from the attorney than from the Judge. If I was not such a pollock and listened to some of the advise the plaintiffs attny had given me things may have turned out better, although temporarily we both knew. That was a big eye opener and ticked me off I tell you! It is bad when the atttny from TBTF knows what is up and hesitates to do what is right.
    It is the Judge whom was ignorant.

  4. 51/84. Pretty good: 60.70%.

  5. Because of the Fraud and the declining value of securities,
    the banking firms such as Citibuttcorp
    and MerrillbuttLynch, and mortgage buttwipes such as Countrybuttwide
    Financial and IndybuttMac Federal Bank were cremated or decimated, and it brought the behemoth
    government-sponsored enterprises (GSEs) Fannie
    Mae and Freddie Mac to the brink of bankruptcy

    Private Placement Securities

  6. Oh .. my mistake

    Trust 1 SPE in PP is Debtor to SPE Trust 2 (creditor)
    SPE Trust 2 …. Ashes to Ashes, Dust to Dust..
    Who you gonna pay? Think Coyle …

    Trust 1 SPE in PP as Creditor to Borrower.

    I think that’s it …

  7. JG:
    RE:
    “I don’t think Neil’s position here is necessarily inconsistant with others he’s historically posited. I think he’s saying if “they’re” claiming the trust is the creditor”

    Trust 1 SPE in PP is a creditor to Trust SPE 2 ( 1 is dead)
    Trust 2 SPE is debtor to Trust 1 SPE (Coyle)
    Trust 2 SPE also Creditor to borrower on ISC/CFD.

    Something like that .. ask an expert..

  8. The MBS were not backed by anything.. they were bogus.

  9. Like a Peach Tree?

    Help Me out here accountants? I cant speak for myself.

  10. Converting future payments into a lump sum payment?

  11. If the trusts were not loaning money, they were selling assets contract for deed and taking out an annuity?

  12. This property, which is held in trust, is called corpus, principal, or the trust estate.

    Uh huh!

    Unless otherwise provided in the instrument, if a trust is created by more than one…

    Uh Huh!

    A Living Trust is created by a Trust Agreement

    Uh Huh!

    AND A GRANT DEED TOO!

    Uh Huh!

    I think out loud to much,

  13. The Judge was probably trying to show them what not to do .. go in without an attorney. I am so sorry it made you feel that way! And absolutely by all means, don’t let this take over your life again. If you don’t owe them money (credit) … you give them no power over you.
    Learn that Lesson Wisely and take it with you into the future.

    Just to satisfy your own doubts, or perhaps regrets. you and your parents should at least seek a free legal consultation with an attorney and see if you have options that you may not know you have, then set your mind and ease and move forward with the best choices for your family.
    For Heavens Sake … don’t do like Carie and hang around to find out …. and regret it later.

    I respected her choice for her family .. she just doubted her choice.
    Don’t do that .. and then find out its to late.

    Promise Me

  14. Oh, sheesh, I am sorry for the misunderstanding Just Me …

    The last two lines was a conversation I was having with a fish. Sorry! Not you intended as the intended reciepient of that comment.
    But I do Wish You the Best in your search for a Crappy Job in this job market. Blahhh

  15. That’s why you will find the property tax bill is sent to the Estate, not the borrower, the volunteers to do that stuffs for us.

    Anywho …. Bad Trustee!!!!

    Now, lets talk about the name of the party the 1098s come in and for whose benefit they are provided for, by the servicer of course.

    Apparently after purchase of the house, our Estate Trust was created , then the Trust sold the house on an ISC.
    And because the Trust wanted its $149.000 up from the sale….. The Estate sold its rights to the ISC note.
    (to cover up unfunded trust ~ cover up?)

    Uh sHuuee

  16. I hear. A job would be nice indeed but If it’s there it will be a short, simple prose job done by your truly. I’m not spending the money on it and I’ve lost faith. One OOBER big thing I overlooked massively was what I already knew. Wisconsinites, we mostly really are simple people. I tried to be all big and fancy, smart, relevant to what was happening in the world. He belittled Palisades like a disease and PREACHED BOA vs. Neis for almost every one of his final entrys. If I do anything it will be tiny in words and huge on documented, authenticated cold proof. Hubby here would be more upset over anything if I went back to being a fc/mortgage nut case every single second of the day. He would have signed the mod just to make this all go away. Cold day in hell I would let that happen. My blood rushes in this thrill until I look at those kids and see what they have already lost. Home is where the heart is, right?

  17. See…. Even Christine Agrees…

    christine, on April 29, 2014 at 7:09 pm said:
    Plus… it was yours all along anyway. Remember? Bailouts

  18. They only put the borrower under the ISC with the Estates Trust on Title. Yes Mam!

    Sheesh .. what happened to our intention of signing a mortgage?

    Fraud on the Face of the Contract
    Fraud in the Inducement

    Good Heavens … the dirty laundry list just doesn’t stop.

  19. I don’t know if its Just me or what … but I’d think your hubby would be upset with you, fc on him and all … utt oh!

    That’s ok … wait til you see his face when he finds out ….

    “You got the Goldmine and he got the Shaft”

    Just sayin … you might want to prepare him.

    Christine on the other hand … she’s enjoying giving her X the shaft per say ….

  20. Just Me, add Identity Theft to the list ….. Cant forget That!

    Oh Boooy….. I Hope we have a job. Yes sir ree!

    Sorry Charlie … I like tuna fish.

  21. Just Me, my name was supposed to be on the title too.. uh huh. I’m not on the Note either.. no mam. But I am on the Warranty Deed as a Grantor of the Estate Irrevocably into trust and I also have beneficial interests during the life of the estate and as a Married couple, I hold T.I.E. with survivorship rights.

    Did you hear that … ?

  22. Two Notes..

    The borrowers Note

    And (gag)

    The Note and Instrument together. (the Estates Note)

    Write an article about that JG.

  23. If the borrower has a debt to the Estate..

    That would make the Plaintiffs Note as the note is question .. Right JG?

    Defendants claims were for the Plaintiffs Note .. uh huh. yes sir.

  24. Credit
    Credit Theft
    Theft by Conversion
    Harm to Credit
    Credit Repair

    Are a few thing that come to mind.
    Then perhaps if your parents estate were released to them .. they have a claim of some type… as you do.

    Good Luck! I hear the road is a little rougher after you’ve crossed the 2nd conversion . But you can still whack’em …..

  25. I don’t think Neil’s position here is necessarily inconsistant with others he’s historically posited. I think he’s saying if “they’re” claiming the trust is the creditor, okay, one could go with that (at least alternatively) and state that the creditor has been and is being paid (so where’s the default?) But, he stops short, other than by suggesting his own deal (okay), but the info on how the GSE’s work is public info and imo judicially noticeable. It doesn’t prove your loan is in a gse securitization, except maybe an fha or va loan. Maybe just where one’s particular loan is alleged to have gone is something NG’s business can establish for anyone. If anyone doesn’t want to try to find his own loan in some alleged pool, then paying him to do so, as well as to articulate what all that means (or doesn’t), seems like a good idea to me.
    Recap of what I think is verifiable and judicially noticeable:

    The GSE’s all guarantee payment to the trusts. On F &F (at least FNMA*), the servicer advances the funds and FNMA reimburses them on a submitted invoice. To end the guarantee, F & F (at least fnma) must repurchase the loan. It is then the creditor, entitled to a credit bid imo to the extent of actual payment. Also in my opinion, F & F have no right on which to foreclose unless they’ve repurchased. F & F have made themselves voluntary co-obligors and are indispensable parties in any action (if not the claimant).

    On gnma loans, gnma has a contract with the Issuer. The issuer must make the payments, and to end that obligation or to receive the benefit of fha insurance and va guarantee on bottom line losses, it must repurchase the loan, foreclose as desired, and turn in a claim to gnma: GNMA will only pay the Issuer. The Issuer should be the foreclosing party.
    GNMA on info and belief, will only honor a guarantee when the claim is made by an fha and or va approved entity.

    Is any of this happening? Got me. Doesn’t look like it.
    Could F or F, say, repurchase as required and then enter into a contract with a servicer to foreclose in its own right, long and short?
    Maybe. If the consideration for a loan purchased from FNMA is a promise to pay and not payment, don’t know if that qualifies another party like the servicer as the rpii, but I believe that a promise to pay does NOT make one eligible for a credit bid, nor do I believe a credit bid may be assigned, but I can’t prove it. Hope it’s ‘yet’.
    But at any rate, there’s no evidence of any such contract between fnma and anyone else – first of all, there’s no assgt of the collateral instrument to fnma from the trust and then there’s no assgt of the coll instrument to anyone else from fnma. **
    One thing which would become clear imo from an assgt to the trust had the trust sold the loan back to fnma is the issue of fnma’s guarantee (“why is fnma repurchasing this loan”?) They would inevitably have to credit the payments fnma made to the trust, the ones I believe servicers are double-dipping on: turn in invoice to fnma and re-collect from the homeowner. Plus any complications with the MBS’s allegedly tied to that loan.
    *I haven’t researched fhlmc to see if it works like fnma.
    ** IS a secn trust trustee authorized to execute an assgt out of the trust (is anyone), or let us guess, it’s just a “book entry” and MERS stays in public record? None of this considers a note being ‘flipped’ to securities, something I’m not able to address beyond speculation.
    I think it’s deadlyclear’s “thing”, not to miscite. And none of this tells us how these guarantees are reconciled with true sales, which require
    assumption of risk, right? And of course, it assumes as it must without a tome, that the loans were transferred to the trusts in the first place.
    That’s why I like this as an alternative so as to not lock one into a particular allegation. (I’m of a mind fwiw that all the investors actually may lay claim to is a security interest. If so, that’s all they have to sell imo. So would it be any wonder that no one else, including fnma, wants to buy an ownership were ownership doesn’t exist, if that’s the case?)

  26. Listen Up Young Lady, swallow your pride. You remind me a little of myself in my younger day with babes in hand. Fiesty and Determined. You wouldn’t be back here looking for answers like … What the Heck Hit Me?

    You and your parents need to Go To Legal Aid if you can not afford an attorney. For Heavens Sake Girl …. You All Have A Lot at Stake!

  27. SOL on going after the closers? I searched and searched Wi Statues and found nothing certain.
    this stuff is so easy to get drawn back into. Tickles me pink to ponder filing suit against the closing company. My parents made affidavits filed with the register of deeds the house was meant to go both I and my husband, which it was. They told my parents their remaining mortgage balance was converted to an unsecured loan (something like that) and that is what they thought they were paying the whole time. The closers wrote a reply to the OCI after my complaint they did not need to pay off my parents mortgage because it was already paid off, they said the banks fault, they filed the satisfaction years too late but that is not the case. A report of their own tract search shows what should be my husbands mortgage a refinance of my parents loan with our MLO.They didn’t put me on title because I was not on the loan. Premarital, individual property. that I should have title to and owe not a penny to anyone for. Title, violations, damages.

  28. http://sourceoftitle.com/blog_node.aspx?uniq=786

    I have been arguing these are payments by volunteers for over three years – but see the comment in opposition, which I don’t have time to address just now (except to say I’ve seen no right of subrogation on GSE loans). Briefly, the GSE’s are volunteers and made themselves thus no doubt for the purpose of selling more MBS’s. “Gene” claims the servicers are making loans to the trusts when advances are made on what I take to be non-gse loans, which I don’t believe if for no other reason than I don’t believe remic trusts may borrow. To even begin to argue that servicers on non-GSE loans (who are not reimbursed by volunteer GSE’s, succinctly) are entitled to any claim under the note, they’d have to establish expressed rights of subrogation.
    To reiterate, the only way for a volunteer GSE to end its voluntary payments is to repurchase the loans, at the balances which reflect their voluntary payments.* On info and belief, it’s F & F who must repurchase on their respective loans, and the Issuer is contractually obligated to do so on GNMA loans.
    *When F & F or anyone who is compelled to repurchase does so, they would not pay an amt which doesn’t reflect the payments they’ve already made, so that purchase price becomes pretty important. imo.
    I occasionally write a blog at sourceoftitle, and some topics generate more views than other. This particular one has had 3500 views to date, twice many others, and I’ve suspected many of those views were by the bankster law firms from some memo to watch out for this argument. Maybe now, finally, three years on, that’ll be necessary.

  29. Oh … My Mistake …

    “You Reap Who You Sue”

    That’s It!
    Beginning Spellers’
    *Grins*

  30. ISC (Installment Sale Contract)
    aka
    A Contract for Deed

    Just Sayin …..

  31. It’s the Title Stupid?

    I Like Sarcasm! lol

    ~Many Blessings to All~
    You Reap what you Sew. yep!

  32. You have two years from what I understand from judgment/removal to take action.

    If I were your parents Just Me … I’d Bite Hard and Swiftly !!!

  33. Christine,
    RE: ” No one else does. And, to be honest, Washington may want war. Old timers may. Americans kids don’t. The world is moving on. Old paradigms have died. Think of how much impact you can have in an evolving world outside of John Wayne. It’s enormous! In fact, kids know it: they travel, discover, meet people, keep in touch, create from a distance their kids future, invent, discover… together!”

    I could not Agree more, another just graduated with phd and she also has spread the wings, dreams of world travel and world peace.

    Just Me,
    I said: “Your parents were current to their lender, but you were in default to your parents Estate under the guise of a ISC.”

    I should have said:

    Your parents estate was current to their sellers estate…
    Your estate was debtor to your parents estate ….
    The borrower was debtor to YOUR Estate.

    That is how the Estates became both Creditor and Debtor.

    Still Pisses Me Off! I mean that just because they didn’t have any morals that they didn’t have enough faith in those who pay their checks to do the right thing!

    You know were the money came from now!
    No Standing!
    I’m not about to fc on my hubby and seller not fc on me!

    Does this explain why in early 2010 the deceased sellers trust was open?

  34. Iwantmynpv,

    “What criminal charges put Leona Helmsley and Al Capone in jail?”

    Yeah, Tax evasion is a crime and I can see why it should be: when people owe because of capital gain, living in Maryland, being employed by the Feds or any other condition specifically listed in the tax code, and they purposely under report, I see no problem with them
    being prosecuted.

    However, reporting income that is not subject to income tax and paying what is not owed is sheer stupidity. When an increasing number of former IRS agents publicly denounce bullying and intimidation perpetrated against poor schlemiels who don’t owe taxes, I listen. When those same agents actually demonstrate why regular income is NOT subject to tax and explain how the feds extort by making gainful employment conditional to monthly wage deductions, I listen even more seriously. When an increasing number of people question the IRS and income tax legitimacy, I know that I am onto something.

    That wouldn’t be the first time.

  35. Iwantmympv- “what criminal charges put Alphonse Capone and Leona Helmsley behind bars?” . I don’t remember- can you answer for us dumkoffen? Thx

  36. to be fair, there are plenty of “seasoned” BK lawyers out there who don’t think to ask about or list potential mortgage litigation and thereby subject their clients to this pitfall

  37. Good Morning Sunshine,

    RE: ” judicial estoppel can bite you in the rear”

    Uh Huh…. 🙂

  38. @elex – yep, that’s a fun little tool to use to obtain dismissals. just more proof that, for pro se plaintiffs, it’s not so much what you know that’ll hurt you but what you don’t know. judicial estoppel can bite you in the rear

  39. WOW. Law you can use.

    HEARING ON DEMURRER TO 1st Amended COMPLAINT of Plaintiff FILED BY OCWEN LOAN SERVICING LLC, HOMEWARD RESIDENTIAL INC
    * TENTATIVE RULING: *

    Defendants Ocwen Loan Servicing, LLC and Homeward Residential, Inc’s general demurrer to each cause of action within the Fist Amended Complaint is sustained without leave to amend. (Cal. Code Civ. Proc., section 430.10, subd. (e).) Leave to amend should be denied where the facts are not in dispute and the nature of the claim is clear, but no liability exists under substantive law. (Lawrence v. Bank of America (1985) 163 Cal.App.3d 431, 436; Casterson v. Superior Court (2002) 101 Cal.App.4th 177, 190.)

    One seeking benefits under bankruptcy law must satisfy a companion duty to schedule, for the benefit of creditors, all their interests and property rights. The result of a failure to disclose any litigation likely to arise in a nonbankruptcy context triggers application of the doctrine of equitable estoppel, operating against a subsequent attempt to prosecute the actions. (See, Hamilton v. Greenwich Investors XXVI, LLC (2011) 195 Cal.App.4th 1602, 1613.) (See also, Gottlieb v. Kest (2006) 141 Cal.App.4th 110, 136 [in completing bankruptcy schedules, a debtor should list any legal claims against a creditor whose wrongful conduct caused the bankruptcy; otherwise, an action on the claim is barred.] Plaintiffs, although represented by counsel in their multiple bankruptcy filings, failed to list this claim. Consequently, Plaintiffs are judicially estopped from asserting claims that were known to them but omitted from their bankruptcy petition. (Hamilton v. Greenwich Investors XXVI, LLC, supra, 195 Cal.App.4th at 1620.)

  40. @ Christine, I remember our first conversation about BRIC’s, the dollar policy from years ago exporting back-door inflation, currency wars – and the race to zero.

    I remember our first conversation – you mad me apologize about God, and my interference with your beliefs, Whereas, initially I just summed you up as a bit twatty, you earned my respect because you are intelligent, and you were right. I had no right to make the comment.

    Expecting others to live up to the expectations and standards to which you hold yourself will typically produce results equivalent of an internal “let down”.

    Ultimately, you can lead the horse to the front line of the real change, which occurs daily right under our noses….. but you can’t make them drink the knowledge.

    Information has always been the most valuable commodity. If others lack the thought process to understand or take advantage of the value you provide, don’t be angry or frustrated, accept them for their shortcomings and continue to lead by example. Keep posting the the additional opinions, and don’t run away like Anom.

    I always take a break from LL, mostly because life gets so busy and my first priority is my family. If I can spend 15 minutes making money, and preparing ways to responsibly remove all of us from the grid, it is simply time better spent!

    I also like your comments about the Internal Revenue Service, Inc. So here is a quick one for every person on this site that doubts paying taxes on wages is voluntary.

    What criminal charges put Leona Helmsley and Al Capone in jail?

  41. Oops… US got back Saudi Arabia in the nick of time and even managed to safeguard some incestuous relationship with Israel but…

    Austria, Russia sign agreement on gas pipeline
    April 29, 2014 – 2:05 PM

    http://cnsnews.com/news/article/austria-russia-sign-agreement-gas-pipeline

    Bottom line: Russia expanding big time and openly. US tiptoeing among friendly… enemies.

    Does that insanity strike anyone as truly Buster-Keaton burlesque?

  42. Isolated Russia Makes Friends: To Hold Military Drill With China; Strikes Multi-Billion Deals Qatar And Iran

    Submitted by Tyler Durden on 04/29/2014 17:24 -0400

    The G-8 may be no more as the G-7 throws every possible case of harsh language known to man at the Kremlin, which obstinately refuses to back down, while re-escalating sanctions against a Russia which merely has done what the US does every single time its national interest abroad is threatened, but one thing is becoming ever clearer: while the west isolates Russia with ever stricter measures, Russia has decided to make some new friends.

    Such as China:

    Such as Iran:

    And such as Bahrain:

    The governments of Bahrain and Russia have signed a deal to cooperate on investments, at a time when U.S. and European governments are imposing economic sanctions on Russia over the crisis in Ukraine.

    Bahrain is a U.S. diplomatic ally in the Gulf, and its decision suggests Western sanctions may not deter other countries from continuing to expand business ties with Russia…

    http://www.zerohedge.com/news/2014-04-29/isolated-russia-makes-friends-hold-military-drill-china-strikes-multi-billion-deals-

    One by one, the US is losing allies. Didn’t Saudi Arabia and Russia just sign a commercial treaty too? You guys need to repudiate Washington if you want to save this country.

    Oops! Not this year: people just filed their taxes to support Washington again. So, if not this year, when? Boy, this country is so finished!

  43. Brrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr…if people on this blog think the way you behave is okay…it is very very telling how the place has been reduced with someone like you blathering.

    You are nothing, but a negative speck in the scheme of things…and as I said before, the party here is over for me. Way too much fun. Your intimidation is fragile and lost on me.

    Do what you do best….deceive and mislead! If you were that tough you wouldn’t be using this format to approach me, you stand up and do it honestly and like a decent grown person…lying in wait, googling my last name, how special you are! Nice try

  44. KC,

    Look outside of the 5th largest country in area with fewer than 5% of the world population. Why should the world scare you? Anyone with intellectual gifts and abilities ought to embrace the enormous possibilities open to them! Imagine: you can contract to teach English in China, Russia, Africa or anywhere else. You can offer your skills anywhere and everywhere with the blessings of all governments involved.

    This country wants war because it still functions under the terribly misguided premise that war is good for the economy and the economy rules everything.

    No one else does. And, to be honest, Washington may want war. Old timers may. Americans kids don’t. The world is moving on. Old paradigms have died. Think of how much impact you can have in an evolving world outside of John Wayne. It’s enormous! In fact, kids know it: they travel, discover, meet people, keep in touch, create from a distance their kids future, invent, discover… together!

    @ Christine Konar:

    Quit while you’re ahead. When it comes to threats, I do not joke.

  45. “tnharry, Jan Van Eck, Bob G. and even my own attorney ever asked for”

    Ha, Ha, Ha….they and you in the same sentence. Oh my…we’re off to see the wizard, the wonderful wizard of OZ…they’ll be sorry attached to you! Too funny.

    “Remember Anonymous”

    Oh my…do you remember her, it’s been a while since she would speak to the likes of you! As well as carie….you are such a liar!

    Many here have been disappointed with Neil, but you on the other hand, really? You’re way out of that league….curb style.

    And keep coming with the personal stuff, I got a nice surprise coming for you sugar britches….with a big bow!

    You tough Internet thug…please…show yourself. What a coward.

  46. Christine, one Bomb at a Time ….. ok?
    Don’t scare everyone sh’tless.

    Good Heavens

  47. Why would any American born former Secretary of Treasury, with American born kids and grand kids, go on Russian TV to grant an interview and declare the following when:

    1) He makes no money out of doing so. Not ONE dime. Never has and completely aware that his own income from retirement and investments has been steadily dwindling.
    2) He puts himself in serious jeopardy by talking to the Russians and going public with it;
    3) He may be endangering the life of his family as well. And yet, he still does it…

    Why? Because the danger is so real that, either way, his family is at stake. And yours. And anyone else’s. Moral courage this country lost: call a spade a spade and take action. This country has gone so insane that “The house, the house, save the house and my comfort” is all what’s left of it while China now owns half of Manhattan. Still no action from the people… In fact, they just voluntarily filed and paid their taxes. You know… Just in case of war… Need to support the military! This country keeps manufacturing war to death.

    Just like Rome… War was the death of Rome.

    http://www.paulcraigroberts.org/2014/04/29/pcr-interviewed-ria-novosti-russian-sanctions/

    RIA Novosti
    World
    Russia to Benefit From ‘Gratuitous Propaganda’ of Fresh US Sanctions
    23:23 28/04/2014

    WASHINGTON, April 28 (RIA Novosti), Lyudmila Chernova

    A new round of sanctions announced by the White House will have unintended consequences and only benefit Russia, former Assistant Secretary of the Treasury Paul Craig Roberts told RIA Novosti Monday.

    “The sanctions are nothing but gratuitous propaganda. Obama himself acknowledged that it is uncertain whether the additional sanctions will have any effect,” Roberts told RIA Novosti. “Besides, the sanctions will encourage and hasten Russia’s withdrawal from Washington’s exploitative dollar payments system, and the BRICS countries are likely to follow.”

    US President Barack Obama levied the additional sanctions against Russia to target individuals and companies close to Russian President Vladimir Putin.

    The sanctions were imposed on seven Russian government officials, as well as 17 companies.

    “The Obama regime continues to pretend that a few Russian individuals and companies are responsible for Crimea’s return to Russia,” Roberts said, stressing that the evidence is completely clear that the return of Crimea to Russia was the result of the Crimean people and their self-determination.

    “People voted 97 percent in an amazingly large voter turnout to return to Russia, from which Khrushchev detached Crimea in the 1950s,” he explained.

    Roberts foresees that the announced measures will only encourage the Russian government to withdraw from the dollar-based payment system that makes sanctions possible.

    “It is a mystery to me why countries such as Russia and China participate in the dollar payments system, as the system is a means of US financial and political imperialism,” the former assistant treasury secretary said. “No country that operates within Washington’s payments system can have an independent policy.”

    He added that “Once important countries cease to use the US dollar as a reserve currency and the means of settling international payments, Washington’s imperial power will decline.”

    Last Saturday, leaders of the G7 group of nations accused Russia of failing to comply with the Geneva communique aimed to de-escalate the crisis in Ukraine agreed by top diplomats from Russia, Ukraine, the United States and the European Union on April 17. The G7 members threatened Moscow with tougher sanctions.

    On Monday, White House Press Secretary Jay Carney announced that the United States would impose broad sanctions against Russia’s economic sectors if it launched a military incursion into Ukraine.

    “The United States, working closely with its partners, remains prepared to impose still greater costs on Russia if the Russian leadership continues these provocations instead of de-escalating the situation, consistent with its Geneva commitments,” Carney’s statement on the White House official website reads.

  48. Lets Play ….. “Good Cop, Bad Cop”,

    I like that game more than I do ……

    “Red Rover, Red Rover .. Come On Over”

    “Giggles”

    Many Blessings to All and to All a Good Night

  49. Anyone want to play “Whack A Mole” or “Kat in the Hat”?

    JustMe, I don’t post my email. “Attacks” … example : Ivent

    But I have Always Advised Everyone to Seek Legal Advice.

  50. Iwantmynpv,

    I read you on the last page and, again, congratulations! But you have to admit that what you accomplished didn’t happen because you spent your time on this blog attacking everyone and his brother and waiting for government to act on your behalf. Or that you grabbed at any and all straws sent your way by NG: you used your brain. One of the very few on this site.

    If you’ve been following me for a while (both as Enraged and then as Christine), you know that I haven’t so much criticized NG for what he wrote but what I have done over and over is caution people from following every unsubstantiated theory thrown in here as the Holy Grail and running to the court house to try it on judges without asking from NG that he show he personally tested it and to prove whether and how it worked for his clients: fair is fair.

    Remember, Iwant, I’m not into refuting anything I don’t get but rather, into “show me”. So much so that what I said about BRICS way back then is coming to fruition with a vengeance, the US are still agitating for wars and… NG has still NOT provided ONE case he argued in court on his own theories and won. That’s all tnharry, Jan Van Eck, Bob G. and even my own attorney ever asked for: if you put your theories out, show us how you plead them to make them work.

    There is something disingenuous and almost dishonest about throwing theories that haven’t been tested into ignorant, desperate and defenseless pro se’s lap and almost expect them to try them and report back here. NG knows a lot: he was part of the problem long enough to know what was caused to happen. Peddling some product never proved to help prove his blog right is… well, still contemptible for an attorney. He’s done too much of that. Credibility is the name of the game.

    Remember Anonymous? I’m still in constant touch with her. Why do you think she left 3 years ago? She was in the trenches, fighting. She got disillusioned by NG’s lack of hands-on trench work.

  51. Action arises out of Defendants’ loss of its investment by congressional enactment under the Troubled Assets Relief Program “TARP” for charging off and writing down the outstanding balance against purchaser and all other defendants and or indispensible parties to claims that include the purchasers and registrant against the titleholder and consumer household.

  52. We agree again … 100%

    Did Just That!
    He’ll has no Fury Like ….. like a woman scorn! 🙂

  53. Jan van Eck, on April 29, 2014 at 12:22 pm said:

    “And, don’t forget, go sue that Bank. Drown the bastards in lawsuits.”

    My song, all along. If you sense that you may end up having to defend a foreclosure, don’t wait for the last minute. Position yourself to attack first (and by now, everyone having his papers in order knows, without the shadow of a doubt, what to look for in the documents and the accounting, hence doing it in federal court) and then, if you cannot pay both for a competent lawyer and a mortgage, choose the lawyer: the likelihood of the servicer countersuing in foreclosure is very remote. Takes a lot of work to back track and manufacture documents after the fact and especially once the case is already in suit.

    Waiting for foreclosure (in state court) to counter-attack on federal grounds is useless, a waste of time and money, counterintuitive and counterproductive. And by attacking first, you get your attorney’s fees back when you win or, at the very least, you are in driver seat when the banks decides to negotiate rather that bring that thing to jury trial.

    It’s what strategizing is all about. And there are no more excuses for losing a house or not walking away with a good chunk of money nowadays.

    Plus… it was yours all along anyway. Remember? Bailouts. Takes work but so does making a living in a lousy job while worrying sick about the house being swept right under your feet.

    Sue first. The peace of mind you’ll preserve is priceless. Think of it as an investment. It works. I know it first hand.

  54. When the upper tier sec’s are paid down so are the lower level sec’s.

  55. Iwantmynpv, that’s my line. Except the part about the Bar…LOL!

  56. @ Christine – the value I received from this site was the information Garfied kept repeating. Read this, read that – So I took to reading the 9,000 pages of the FDIC structured transaction for Indy, i read about fraud claims and how they work, I read about what was working and was not working.

    Ultimately, the hours of hard work paid off. I am still looking to settle with the FDIC, because i do owe someone something – just not the Plaintiff who sued me, and I said that verbatim – to the Judge.

    I hired a lawyer so I did not lose my own case due to procedural error. She got paid 7k, let me do all the work and kept her mouth shut. I have sent her 52 cases since because she took the time to learn and also too the time to teach me about law and how it works.

    I am not a lawyer, but I am ready to sit at any BAR, just depends on what drinks they are serving…

    TSMIMITW

  57. The master servicer and sub-servicer are only required to make advances to the extent they are recoverable from liquidation of the assets. Thus, they stop making advances aside from taxes and insurance almost immediately. The credit enhancment and cross-collat from the lower tier remics support the cdo and upper tier certs.

    It is not true that the servicer continues to advances principal and interest up and until today. Just not true… and I know it for a fact.

  58. ‘Bob’ in PA and his Judgment of NON PROS….

    Yes, Yes, Yes….. Mr Carr in PA… after 2.5 years in foreclosure.. tons of paper… trial in court of common pleas… that ended in an adjournment ..followed by a judgment (rendered during adjournment) from a non-jury trial that included a verdict (decision of a jury)…. finding for the plaintiff (bank)….

    Ends up with a Judgment of NON PROS against the Plaintiffs… for not submitting a valid complaint…. using their “Rules”.. and a couple of praecipes…..

    Next is a praecipe for reconsideration of prior judgment for the plaintiff for a RULE 236 infraction… as the “Judgment” did not include the names and addresses of the parties… as required by the rule… could be writ of error or similar… and have the subject matter of the foreclosure (Rights , title, interest) returned to the defendant…. and possibly prosecution for a malicious prosecution by Plaintiff (Bank)… Work in progres

  59. and I stopped putting funds into their cesspits.
    Lesson learned.
    I live differently.
    I think differently.

    They can only take so much from me. Draw the line.

    They take my materials, I suffer a loss but will I will rebuild.
    They take my mentality, I suffer endless agony and slowly deteriorate.
    Get your stick and draw the line.
    Best

  60. RE: ” buyer & seller agree such gift funds are not from the seller in any way and are not to be paid back by the seller nor the buyer”

    Ut Oh ..

    And …… ?

  61. RE: gift funds come from ‘pooled funds’ (ueh-heh)

    uh huh!

  62. Buyers fund, Neighborhood gold.
    Aka; sellers in disguise
    Aka; financed
    Aka; buyer & seller agree such gift funds are not from the seller in any way and are not to be paid back by the seller nor the buyer.
    Aka; gift funds come from ‘pooled funds’ (ueh-heh)
    Aka; BALONEY.
    Audit I found done in old paperwork done months after closing verifies “funding errors” that wee to be paid back. Closing agents deny any such audit exists.
    I have the original ‘wet ink’ audit.

    At one point I am putting I’ve found everything onto a purty website.
    Just cuz.

  63. Who filed those papers with the IRS for that donation?

  64. Donald Duck?

  65. Aunt Tilly?

  66. Auntie M maybe?

  67. RE: ” and…….. never funded it”

    possibly? “thanks to a flaky “charity fund”? “

  68. and……..

    never funded it

  69. RE: ” It read the servicer approved the loan (no thanks to a flaky “charity fund”) ”

    Uh huh .. and ?

  70. I know. I’m a stickler for wanting to do things myself. I am not disappointed in myself for trying, though, The (almost) only thing I regret is not having water,of all things… I was seriously taken down by nervousness and dry mouth. – To any one reading this pondering pro`se- you can practice 100 times and be firm and brave and control…at home… Im not sure about the ISC swipe thing ( I am SO brain fried over it) I know you said get the what did you cal it, desk report…(something like a computer data report…info I do not remember) I ended up with of a copy of the the desktop underwriting whatever…It read the servicer approved the loan (no thanks to a flaky “charity fund”) and there was no transaction from the MLO that can be found. SO yeah, make it look like there was $$ or there was that apparently went to my folks, but they cannot recall it an neither can their bank. That does not sound right now that I type it…both paying, 2 different servicers, 2 different accounts, Ah. If it were not my parents I would have jumped on that one in a HEARTBEAT. If only. If I had less pride to do that to my parents and were a lesser person, oooo. The title company is who messed up with a royal flush. And they know it. OCI complaint still outstanding after months, same as usual, I assume a plop. I loose faith more and more in Amerkia. …I swear I know stripes on fb in disguise, lol. I am broke, burnt out and would rater be mom than a be mortgage monkey like I was. I have not been on here in ages, I am tricking myself into believing if I ignore reality they will forget I exist and just leave it be. Since the FC, I have so much. The servicer WROTE me they AGREE their was NO LOAN PAID OFF AT CLOSING. (from sellers) but all is well, a statement from them the GFE & TIL were not accepted before the mod in 2010 and ‘Federal regulation prohibits etc etc..’ psh. “this” is why I am done. So easy to melt into the insanity. I think I have your email (I happened upon, you would not give it up Kc!) I have some interesting stuff. Blackmail from the servicer. But, I’m done. I’m a sally, I still have not learned all there is to know to help myself and just stopped. SOL of life is ticking.

  71. You cant dump, flush or otherwise dispose of Squat!
    If you didn’t have the pot to piss in to start with.

    Just Sayin what Great Great Grandma is Thinking Right Now!

  72. Escrow never Closed?

  73. United the Seller and Buyer Stand …

    Divided they Fall…

    Enjoin and Embrace.

    Many Blessing to All!

  74. I know … right?
    You have to sue the seller for title.
    Makes it worse if the Seller is Family!
    Buttwipes!!!

    If I were your parents I would Get an Attorney …
    because their buyer,…. ut um ….. threatens that she wants and is going to sue for it!

  75. They used your parents to set you up on a ISC to swipe the monies and make it look like a real transaction.

    Your parents were current to their lender, but you were in default to your parents Estate under the guise of a ISC.

  76. RE: THEY held the home as secured collateral for the previous owners debt……

    In our case there was None, they paid if off before putting the property in to a revocable trust years before we bought it.. according to documents.

    But sumbutty … Never Mind!

  77. Just Me, when I saw you posting, I begged you to get an attorney. Because you have nailed it!

  78. Goodness Reed your still hot on the ball aren’t you! Ouch! It’s not in me, I was flat pooped out to keep on this train. I filed and sought a fricken declaratory judgment towards the end, ignored. After FC order filed a motion for reconsideration. I got a ‘memo’ back stating anything further must be taken to Appeal. The docket has some filings all flip-floppered around, a default judgment thrown in there, ergh. I stood there holding a stinkin letter from the previous owners lender, short and sweet; says they never received any money at closing, the previous owners had been actively paying their own mortgage on the house I LIVE in up until 2012 when their satisfaction of mortgage was filed and recorded and THEY held the home as secured collateral for the previous owners debt……This was at the same time we were paying a mortgage on the same house, at the same time when we thought we bought it in 2005. Most paper work was lost. 3 notes, payments not being applied shown clear as day marked not for PI&E, but as numerous property insp. fees a month on the 1098 when the entire account was in good shape… I mean just a bunch of plain jane in your face bull. I refused the mod which I am pretty sure is what did me in for the Judge. I don’t think he wanted to hear my ‘non-compliance’ and shut her down, among other common pro`se mistakes….but still (yes, yes, an attorney IS a good idea) The stinkin servicer uses IRON MOUNTAIN for a DC. Funny thing after that fire I have not been allowed ZIP. No document ANYTHING, nill none, ash, perhaps. I feel for you guys, I do. I keep up a bit and life is still messed up but I refused to let this do me in. SUCKS TO HIGH HELL, but this stuff was literally eating me alive. I wish you all well!

  79. You wouldn’t be able to dissolve an Irrevocable Estate Trust …

    EXCEPT under very few situations. And I’m pretty sure to alter or modify it … you would need the permission of the grantors and the beneficiaries…. Right?

    If the trust were to be dissolved, would the assets go back to the party who granted them free and clear of all liens and incumbs except those of record?

    In our case … THE SELLERS TRUST is the Encumb at closing!

  80. I’m thinking we owe the IRS …
    But we don’t know it, because we are ignorant to the words they use.

    Maybe that explains why Christine … Tap Dances around the Subject

    The taxes could only come due if the Trust were dissolved, Right?

  81. One of the real questions is also: how much was paid on the Note by “officious intermeddlers” and do they owe the homeowner money, especially in light of the fact that there were numerous notes sold. Before anyone gets into the: “how could they sell the notes more than once? They did, and they violated IRS law with the REMIC trusts. The banksters/servicers owe mucho to the IRS. Wow, that might even pay the alleged national debt, Who would have thunk it?

  82. Rep Cummings has requested a hearing over the IFR Promontory found a systemic problem were the homeowners received a financial harm. JPMorgan settlement show that harm as they paid $613 million to the FHA & VA for loans that were badly underwritten and falsified documents, yet these admissions where not found when reviewing the files under the IFR?

    Now we know for a fact that Pormontory did find wrong doing but the OCC and Federal Reserve bank did a deal to stop the review sighting no harm was found against the homeowners.

    Ginnie Mae stopped the all transfers of Ginnie Mae pooled loans because it want to now see the titles of those loans. The ground is being laid to protect Ginnie because whistle-blowing is working, because that report would have never seen the light of day without it being leaked.

    Now that its leaked the Democrats who have coddled the banks during this mess will be forced to act as it the rich taking advance of the poor, and blow a hole to Obama’s income inequity!

  83. Neil fail to say that this only applies to loans in securities, because the securities payment must be paid and if the loan not in a securities they no pass-through payment agreement.

    But placing the loan into a securities is a post closing event that does not involve the homeowners as the securities is a byproduct of the loans. The securities is the eggs (securities) the chicken (loans) laid. The chicken was born without an obligation to produce anything yet the farmer wants the chicken to product eggs so he can sell the eggs at market.

    The lenders are transformed to and “issuer” and not a lender selling loan because they are not selling loan but are selling securities! Understand the loan are not sold but they are endorsing the Note in blank, which once those loans are physically relinquished under UCC 3 the Notes belong to the possessor. However if the possessing party has not purchase the debt, then they own nothing because they did not purchase anything!

    The lenders received advances in draws against the securities which is a separate things, as it called securities and not mortgage loans. Unless the federal government allows you to lend and regulate us you cannot lend, as there something called the Fair Housing Act that must be observed plus other banking law must be observed.

    Monies are being requested from the lender/issuer for the funds advanced to them after the sell of securities, and now what collected is to pay back the advancements that were drawn up to the principal investment and that it.

    We got $100,000 loan on a $120,000 house that value is now 80% and 70% was drawn against that loan, and there been 5yrs of payment received by the investor in interest of $28,800. So the property is sold at $100,000 – 70% drawn and $28,800 already paid of the $70,000 drawn = $71,200 left, so that made $41,200 owed of principal investment because the other 30% was not advanced, so are we saying that $30,000 being left over simply goes to the investor? Now this is not debt owed by the borrowers to the investors but the home mortgage loan is redirected to the investor to pay the issuer/lender debt.

    However WaMu is dead and was without possess physically of blank Notes that were in the possession of Wells Fargo as the custodian of record for Ginnie & Investors and is the reason these loan did not come up in the bankruptcy case with WaMu!

    Stop thinking that Trust have any rights because they Trust don’t even possess the bank Notes or can produce as receipt of purchase. If they produced some receipts them Neil’s theory would then come into play were did that monies come from and how does a non-lender purchase a home mortgage loan when not regulated to do so!

  84. “volunteer”

    Are a pain in the Butt if you didn’t ask for their help painting your house, but they showed up because it looked like it needed painted and painted it black and blue …..
    And sent you a bill for the paint and their services. Then they Seek a mechanics lien and fc if you don’t pay them.
    Of course obtaining the tax lien is a bonus to simplicity ….

  85. This recitation by Neil is exactly correct.

    Note with particularity the statement that “the mortgage does not secure a claim made outside the note by a volunteer or intermeddler…” That is the argument you need to push forward – that the servicer that is currently suing you (albeit in the name of the trustee of the trust, typically) is a “volunteer” (interesting use of the word) or an “officious intermeddler,” and has no authority to convert what perhaps might be their own claims into a creditorship status against you as the homeowner, on the Note.

    And, don’t forget, go sue that Bank. Drown the bastards in lawsuits.

  86. Sounds great. What court do I go to , so I can get my house back ???

  87. Interesting. My so called servicer highjacked my totally up to date insurance policy and tax account and paid both in full to apparently show some nexus between them and my loan. No one is threatening to cancel my insurance or placing a tax lien on my house because the payment didn’t come from me. So the same people (and I use that term lightly) who came in and grabbed the tax and insurance bills (without prior notice to me) are saying their payments on the loan is different because???????

  88. “The note is evidence of a debt owed by borrower (debtor) to the creditor.”
    If memory serves me correctly, quite a while ago when I was brain deep in this and lost ooooodles of my life I want to say you were arguing The Note was evidence of an underlying transaction from an investor that the borrower never even knew about (or seen any funds from, just knew they now had a mortgage loan to repay) and the ‘debt’ was pretty much a figment of made up funny money.
    I learned it does not matter what the heck you have in you pocket, if your Judge does not care, he dos not care. END OF STORY.
    Two years ago I was thinking Judges were just gun shy to open that can of worms that would/could lead to a “free house bubble” exposing the fraud & asshat servicers and rule in the homeowners favor. Not happening here. If your going to fight (MORE SO PRO`SE), speed it the hell up or you will loose your life, your time, your families time,and become an OBSESSED mortgage monkey I kid you not.

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