Thousands of Aggressive Homeowners Secretly Settle Fraudclosures With Gag Clauses

It was only a matter of time before it became common knowledge. My guess is that tens of thousands of homeowners have successfully litigated their foreclosure cases only to come to a fork in the road where they must make a decision: (1) finish the case at trial or (2) accept an incredibly “generous” offer from the pretender lender. My choice is option #1. But Homeowners understandably most often choose option #2.

By way of example, and not to disclose any of the details in the hundreds of cases I know have been settled to the satisfaction of the homeowner, pick a number. Let’s say you have a mortgage and note that you are successfully litigating — i.e., showing that the origination was false, that the payee and mortgagee were falsified, and that the assignment was fabricated based upon a fictitious sale of the loan because no money ever exchanged hands.

Let’s say the original note and mortgage was for $500,000 and the property was only worth $300,000 and now the property is worth $250,000. The foreclosing pretender lender sat on the case and now is claiming that the total owed, with accrued interest, fees, costs etc. is now $700,000. Assume you know you have them right where you want them.

Suddenly the attorney for the bank or someone from the back of the courtroom whom you didn’t realize was there, proposes that the case be settled. The settlement terms are that the balance due will be $100,000, the interest rate 2% fixed, and the term is 40 years. So your choice is getting rid of that last $100,000 or accepting a mortgage and note of dubious legality for $100,000 and taking the risk of title problems later when you try to sell or refinance.

Most people, faced with the possibility of losing even when they are confident of success, take the deal. And the fact that it comes with all kinds of confidentiality and gag clauses doesn’t stop them. But lawyers and homeowners take note: if you are well informed and litigate aggressively, these results are frequently and most likely in reach.

The reason why you don’t hear about success in defeating the banks is because people are under gag orders not to talk about it.

Confidentiality and Gag Orders, as Thousands Settle With the Banks

86 Responses

  1. I don’t GAG, unless the piece is TOO BIG to swallow. But my business is losing cssh, name diminishing. , and, irreparable harm accruing against JPMorgan, Bay View ,& DEBT RELIEF LOUSES.

  2. Yes they are under gag orders but they can direct an adult child or a friend to join your website and then tell us with a fictitious name what the settlement contained so we would all know. There are ways around gag orders and I wish folks would try that to help the rest of us in the perpetual foreclosure wheel. So we know

  3. Neil,
    The Non-Disclosure agreement is what we’ve been asked to sign. Our case is with the local DA’s fraud unit, and Ocwen has made two very unclear loan mod offers in two weeks. The numbers don’t add up on either of the offers. The first was $600 higher than our current mod, and the second offer is the same as the HAMP mod we have now. The DA has asked that we be allowed to keep our current mod and put arrears to no -interest bearing balloon. Ocwen has stalled and lied to us for three years now. They’ve switched CRM’s many times, and the Ombusman’s office promised to fix errors on our account, but never did. Ocwen dual-tracked us twice, refused to give us a $25k MRP check via Keep Your Home CA, and now the Attorneys refuse to employ the $100,000 Principal Reduction through the 2013/14 court order and the CFPB! In fact, Ocwen has never addressed the $100k PR or the CFPB suit. Ocwen has treated us in bad faith, and now after 3 years of lying to us, they want to sign our rights away for a loan mod that’s NEW, but just like the one we have from HAMP! Yes the HAMP mod was screwed up by AHMSI and Homeward, but all we ever wanted was a correction of the various errors, and pay our payment. Now Ocwen’s lawyers are threatening us with signing one of two offers or they’ll litigate or foreclose. In light of the NY DFS’s statement by B. Lawsky, that Ocwen will no longer require Gag Rule signing, do we have to sign it to get a new mod? Why can’t we keep the old one? Ocwen should apply the $100k PR from the CFPB suit, and at least that would show or be some concession for the mental and physical anguish they’ve put us through! Btw, my husband was put into the hospital due to Ocwen’s games, and our bill was very expensive. My husband’s health has suffered from their actions, and he was not a sickly type before. Any suggestions?

  4. Will you win? I think that in my personal experience, in NJ this was decided long before it went into the court room. I have so much against them, nothing seems to matter. Almost out o f money. It is a big mess. The interference by parties sabotaged “day in court” . So you are a lawyer? That comes in handy. I did talk to banking and insurance today, they will look at my file and hopefully help. In The company they said owned it told me they did not. I just found an old email from them. A new originator has turned up and they claimed to be in to the Judge. But their call notes show them telling me they are not originator and I should contact the originator or broker. I saw clues to Warehouse lender. I have had all these suspicions and theories, wild theory, a week ago, I read couple of articles on Gestation/Warehouse lenders on here, Neil’s site, it is giving me reasons for some of my questions and I am really on to something. It is really a big deal, I believe. What good is it if there is no way to really get in to the court room? I could only find a couple of articles here on Warehouse lenders, but they were good ones, With this type of lender mentioned is how they being creating confusion from the start. There are 2 SSN’s, used within the subpenaed documents from the servicer, my actual ssn and another one. Two loan open dates, SEVERAL loan numbers, several forged Settlement HUD 1 Statements, various accounting and totals. The min does not match my or my husbands ssn. Infact the only way to find it is to search the actual number, not by property or by ssn. Several unrecorded transfers, direct information from supposed. There is a loan number that has shown up as being the same loan number per the HUD1 Settlement Statement. I have been curious about it from the beginning, and I think there is a chance that the last loan did not get paid off, but just became this mortgage. it answers a LOT of my questions. This is speculation on my part, this continued loan theory. I was lucky receiving all the ledgers and underwriting and everything, conversations, all in subpoenaed docs. It’s almost like they wanted me to find it. But finding a lawyer to handle it is the hard part. Very hard going into court with out n attorney, and I have done it. It has been 7 years, just like you. My case is packed full of endless goodies, frauds, etc. but the Court made it not work. The attorney I had, I just don’t know what happened. At the last day, he sat at the defense table. I did not want to take the money from the party I did not want my property handed over and I still, even more now, do NOT believe it was legal or ethical, both the promises made, and the settlement. It was just wrong, and could never have worked. It physically hurts to think about, you know? Knowing that my voice is silent, and the courts are only for those who have the legal education or the money to go on forever. Nearly $100000 in fees plus the equity and thousands more. My whole life turned out to be this. I have lost all these years. I wish I could go back, my kids 8 years younger. me too of course. It has changed the whole picture, my story is a drop in the ocean, I know. But the principal, it is the unbearable never ending whisper in my ear, and tugging at my soul… you know?
    I wish you luck.

  5. I was sued for foreclosure in SC. It is a judicial state. I have many years’ experience in litigation. I answered their suit and found that athe assignment was filed 5 months AFTER THE COMPLAINT WAS FILED. Judge dismissed the case and they sued me again now with the trust and trustee as plaintiffs. Court ordered mediation. I got a settlement agreement with a balloon payment which I can never pay. House is underwater about $30k, but I knew they are crooks and they would screw up. AHMSI/Homeward merged wqith Ocwen. They put a not allowed fee onto my mortgage, and I sent them 3 certified letters they never answered. I called Ocwen to find out what’s up. I told the rep on the phone that I had a court ordered settlement agreement, and she told me “{that only government loan mod agreements would be accepted. Well, I know that will not fly so I sued them for breach of contract, bad faith, declaratory judgment, negligence and gross negligence. I am waiting for the judge to rule on my Motion to Compel. F%^ them! I have been at this for 7 years, and I am still in my house.

  6. Louise, they settled but your are still in the house. What is your own civil suit? or were they trying to foreclose? What state are you in?

  7. I did get a settlement, and then they allegedly “sold” the loan to Ocwen who was in a merger with Homeward Residential that changed its name from Am. Home Mortgage Servicing, Inc. Then Ocwen breached the court-ordered settlement, and I sued them for breach of contract, declaratory judgment, bad faith, negligence and gross negligence which I am in the middle of. I am awaiting an order by the judge about a motion to compel discovery, because opp. counsel objected to everything thing I asked for except one thing. I have a motion coming up in late July to amend my complaint, and opp. counsel has a motion for summary judgment.

  8. I’m going to contact the NJDoBI and send them some things to look into. Louise it looks like you also settled and it didn’t work out. I could appeal to higher court or just post all the paperwork… I wanted to look at de novo, this Judge was not interested. I have just found some really interesting stuff though. I find a loan that connects back years all connecting these refinances with the same identifying number. Another thing is the payoff loan was a countrywide loan, and the broker sent an Allonge, dated about 6 weeks after the previous mortgage. That means they never had the paperwork from prior refi, there never was a chain established. I have got a theory.about this loan, I wonder if it has been just trading hands without a trail of money just going back and forth, perhaps with the same parties. I don’t know if I will really be able to address all my concerns because I am pretty much out of money now.

  9. @concerned21, totally agree with you as I have seen same in my CASES over 7 years. However, I have over 35 years experience in litigation, and use what I have. I am still in my house over 7 years now. I have a long and checkered past, and F&** them!

  10. @Louise the Fair Debt Collections Act means nothing if you have an UNETHICAL JUDGE who ignores their oath and the Facts of Law? Let me not forget the corrupt banksters and attorneys! What is this world coming to?

  11. Louise, Thanx, I appreciate it. It was not fair, that is for sure. There is a lot of story here, I could write a book. It’s funny there are so many theories I have had, but I did not have enough information. It seems like there is so much for information out there and accessible. Like I said I fought to keep my NO CONFIDENTIALITY CLAUSE. This is my big win maybe. Imagine I can tell everyone and show anyone. If I could prove what I now believe, and I keep as Neil says “digging deeper”, it could help a lot of people… I will check it out, thank you.

  12. @experiencedprey: please read the Fair Debt Collections Practices Act on Wikipedia and consider suit in federal court. Not legal advice, just a suggestion.

  13. to make a quick correction to my equity it was $125,000 not $125.

  14. I settled, but it all went wrong. After fighting for years. I have settled for a cash payment and specific stipulations not met, I am in worse shape now than before. I was told by Judge said we could make motion for damages, on the damages… I insisted on NO CONFIDENTIALITY, and was granted. In preparing for a lawyer to go back for damages
    I have found new information. I did not want want to settle. I was plaintiff. I sued the supposed lender, broker and title company. During my case a subsidiary came in and tried to foreclose. Judge in did not want to hear of the agreed upon rescission or the two other attempts to foreclose that Civil Judge would not allow, or the other in which NJ DOBI warned against, or the fact that we were in court over the forged mortgage and documents, falsified application, and so on.
    Then the Civil div defendants began to make motion to have me barred from contesting the validity of the mortgage based on this chancery decision. The judge in chancery allowed reconsideration. Back to Civil court, but the Civil court Judge invited the assigned party, despite the reconsideration. There had been no substitution in the chancery court by the subsidiary that tried to foreclose. Doesn’t this just validate a party that has essentially come from no where? The bank claims to have transferred, but a year after the claimed date is the record made. There is so much conflicting evidence and I did not get to do discovery on this newly added party. I was pushed to settle. They did not pay me timely, which barely covers the more than 80k attorneys fees. But worse they did not comply with agreements to write letters supported paid in full, not allowing them to deed in lieu or foreclose. The settlement never signed and the conveyance they made me sign, I begged them not to allow. There was no meeting of the minds, only deception. Stealing my home by way of my own civil suit against those I believed to be involved in criminal action. I have now found there was a warehouse lender involved and the ABS was sold long ago. They likely never had any more than servicing a loan, accepting payments. There are many cases against the book runners. successful cases. The US has sued them, not the parties I have sued or tried to sue, but the underlying party. I don’t feel like I have had a voice in NJ court. I feel my property has been fraudulently conveyed. I had $125 plus in equity.
    My mortgage account was a book-entry account receiving After reading your article “Foreclosures on NonExistant Loans”, it made sense out of some of the clues I was seeing. For instance the use of two social security numbers for me. Several sets of HUD1 Settlement Statements with various accounting and totals. The appearance of a Warehouse leder. I am also wondering if the loan may have moved from one ABS to a new on because the two audits on my loan with the two different SSNs also had loan dates that were more than a year apart. There is another strange thing. The title company used a loan number that was used previously. I was told it didn’t mean anything. I wondered if the loan was not representative of actual exchange of funds but was written of and then replaced by the same nameless originator/ warehouse lender who has not been involved. The transfers they claim to have made don’t make sense, many dates contradictory. There were a minimum of 6 full amount deposits, nearly 3 Million Dollars made, plus my monthly payments. This account transaction history is mine now. I do not have a Confidentiality Clause. They gave, they fought it, but I was granted my motion to NO CONFIDENTIALITY. Their notes and history etc. I have it all… I don’t know what to do now. My home went to a party that has just made a sale on it. I am trying to contact the lawyer but have not succeeded. I tried to contact you Neil, and could not get you. I am hoping still to have some resolve. This has made me physically ill.

  15. Did I mention our Corrupt Judge’s wife is an attorney for Bank of America? Can you say “Conflict of Interest”?. I feel like we were given a life sentence but are not serving it behind bars! The bank, attorney &^ Judge in our case SHOULD be behind bars! Thank you so much for your interest.

  16. @Marilyn lane it was one thing having our paid off home illegally stolen but then to pay $35,000 in legal fees and have a CORRUPT JUDGE is another story. I am a Blue Star mom and going to be a grandparent and I have learned so much that I could pass the Bar Exam in Real Estate. I am not going to give up until I EXPOSE all the unethical & Corrupt people. They have met their match because I happen to be an honest homeowner that never missed a payment and also never threw away any documents? Knowledge is power and Proof should be worth even more?

  17. Concerned 21
    Ir seems to me this whole fraud is coming to the surface and the tide is turning. Bank of America holds the mortgage for nothing but a a fraudulent title for one corrupt straw buyer Frances Turner and her attorney but now that Ginny may is going after the truth behind Title .. Bank of America want to assign the mortgage to MERS
    The rats are all trying to jump before the ship sinks.
    i would have first preferred to live out my life in my home but since that might not be possible i want to stick to all of them from above

  18. CONCERNrdED 21
    I worked very hard like the rest of you to own my property. My circumstances are unique to me. I have no children to leave my assets and my payback ro get what i was robbed of is to get the rhe properties returned and the largest damage award from the corrupt banks, corrupt judges, Tittle companys corrupt attorneys snd the straw buyers who all participated in the ponzi scheme.

  19. @marilyn Lane I would love to know what you have done because we are victims of an illegal foreclosure on a paid off home, corrupt bank, unethical attorneys & Judge. I look forward to hearing from you. I am in MA.

  20. For all of you fighting this nightmare of fraudulent foreclosures all these years, like i have, I know I picked the best to cost the banks, the corrupt judges, the crooks who knowing bought into the fraud big bucks in damages. and the attorneys and title companies that orchestrated it all.
    A man for you never again.

  21. I received an email- Notice from ACRIS the NY country clerks office that a document has been recorded- a mortgage, a note an agreement.

    On my death my two condos are being willed to an entity far better equiped to deal with the crooks at the bank, the crooks who are selling my property when they have never owned it.

    Does anyone have an idea what i should do?

  22. Need some assistance. I need to find specific laws that state that it is illegal for Servicers and thier attorneys to create fraudulent Allonge’s and Assignments in order to foreclose on a homeowner. Thanks jsmith5915@msn.com

  23. Judge Alice Schlesinger absolutely arrogantly refused tp uphold her oath to the US Constitution so she could not only increase her pension but you are right concerned 21 all her fellow appellate judges on my cases in the first department went along her except Chief Judge Johnathan Lippmann and Judge Helen Friedman and Schlesinger screwed them up too and that is why the smart people voted them out in the last election to extend their term.

  24. my attorney has asked me to remain silent at present. honestly, IT IS KILLING ME! When we win, NO gag order here!

  25. We need the Unethical Judges that are ignoring their oaths to be fined! The corruption continues because these Judges retirements are tied up in the Mortgage industry. When is Justice going to be served?

  26. @ Deborah Wynn ,

    They absolutely DO NOT care a whit about anything we say , do or submit … this last judge was pissed about having to deal with a stack of foreclosures and found for the plaintiff in every case and in fact had signed a stack of judgements before even calling her first case that day…

    After being reversed and looking like an a-hole she now cares about me.

    When I win this thing the first thing I’m going to do is frame the one page reply to my original discovery request ,, The plaintiff answered the same to all questions.. “NO , And it would not help the defendant anyway.” … What unmitigated gall… and it’s all fed by the judiciary..

  27. Add to last post- the REMIC was not in BK court but a related entity was.

  28. I just read in the foot notes of a legal pleading where the IRS was challenging a REMIC’s legal standing and penalties owed in BK court due to “irregularities”.
    Will read it in its entirety and report back. First time I’ve ever seen any of the “trusts” so mentioned.

  29. Its organized crime

  30. Yes and the ReO agent who offeted cash for keys was being directed i believe by LPS. However, that same rei agent had posted a note on my front door saying i was to pack and leave –
    I asked him who the hell he was to say that he said” you know deutsche bank /hsbc indymac onewest. He cited all the entitites. Whats more that agent was in banking prior. He knew what he was doing. Oh and he goes to church on a sunday !

  31. Neidermeyer
    Do you think they actually bother to read what we send / ill admit i bombed one judge ( curtesy copy) of about 1inch if caselaw reading. ( went directly into trash can more than likely) appellate court did read my motion for reconsideration and i prevailed but no hearing / decision. Been almost 2 years since i filed my appeal.

  32. How is it that the last couple days are the first mention of “business/complex” litigation? Also, the first mention of “vicarious liability” in
    The explaining of holder v holder-in-due-course with applicable case cites. Neil why have we just heard of these items?

  33. @ Deborah Wynn ,,

    These aren’t “cash for keys” offers from OCWEN/AHMSI/OO/WF/BAC or any other possible real plaintiff party , these are offers very similar to what Neil has been talking about ,, totally unrelated parties that want to have the litigation rights signed over to them.

    The last judge I had was a “business/complex” judge that was forced to take a few foreclosure cases because of backups/overloaded dockets ,, she found against me without looking at piece of evidence #1 ,,, she found having a FC case assigned to her “beneath” her ,, and no doubt is po’d about being reversed after the sale…

    I am on my way to business/complex …. and discovery.

  34. And John the Baptist ( me) ha

  35. Was just thinking about Judas and 30pieces of silver.

  36. And we ain’t getting jack – unless a JUDGE makes them

  37. I mean unlawful detainer action -oops

  38. Neidermeyer
    I was offered 6k cash for keys. I told them no thanks and that they are now a party to fraud- enter a new REO agent ( guess I scared that one off) they got the house in my case – Remember burden of proof is on them in court when they file the forcible detainer so that’s why they don’t want to do that. Study up on right to possession and I’m sure you have the Lis pendens recorded . You have every right to defend your title. God its a mess this whole thing. Where will it end. These lawyers KNOW. They know what they do and they should not be forgiven.
    ( of course you know I’m not a lawyer)

  39. @TNHarry ,

    I appreciate it if you’re in this for the right reasons .. which to me is nudging Neil back on course … to dismiss what is said out of hand though is a mistake ,, there is plenty of smoke here … and plenty of truth in what is said here … I wasn’t going to comment on this thread again except that I came home from work today to find an envelope on my front door ,, my fourth cash for keys offer (from 4 separate entities) since February when the court rejected the sale of my house,, and as far as offers go it’s a good one ,, $30k … I am not selling or settling .. no reason to…. being a complete jerk like my namesake “neidermeyer” is probably the best thing I can do for my fellow countrymen at this date,, I may actually educate a few judges…. I am enjoying this… I went beyond the point of caring about this crummy McMansion LONG ago. But just in case anyone from OCWEN is readingthis … I’ll let you off easy ,,, just give me a satisfaction and cash equal to the original loan amount and I’ll go away forever.

  40. This is such a great timeline of how and sequence of events. For me America’s Wholesale Lender at closing by North American Title Company. HUD settlement statement Warranty Deed between Lender America’s Wholesale Lender abd Sellar to borrower Jan 23 2007. Loan is placed in securitized mortgage pool CWABS Feb 1 2007. Bank of New York Mellon. November 2011 Assignment of Deed of Trust filed in land and county records. According to Secretary of State Texas America’s Wholesale Lender operates as dba Countrywide Mortgage is licensee. License cancelled 2008. America’s Wholesale Lender a corporation existing under laws of New York with a address of 4500 Park Granada Calabasas California does not appear to exist in 2007. IMO warranty deed from title company issued between America’s Wholesale Lender and Lennar Homes is defective. MERS as nominee and beneficary would appear to be invalid due to the fact America’s Wholesale Lender is not a licensed lender in Texas or New York in 2007. Therefore any documents fabricated and filed on credit report or land and county records from 2007 to present including deed in lieu of foreclosure, assignment of deed of trust, appointment of substitute trustees etc would appear in areas of land and county records but not under borrowers record. Assignment of Deed of Trust found by looking under subdivision. Appointment of substitute trustees documents under both subdivision and CWABS 2007-2. Under borrower still has Borrower America’s Wholesale Lender CTC Real Estate and MERS. Notary signatures of same notary on documents appear to be forgeries. Attorney in facts are questionable. Bank of America continues to claim Bank of New York Mellon is party initiating foreclosure. Bank of New York writes they have no say in loan modifications are not owner of loan or property not a lender and Bank of America is the servicer and only party that has a say to how property is disposed. All parties neglect to acknowledge Pooling and Service Agreement CWABS 2007-2 where loan is listed with hundreds of other loans. So much more facts. Each time home is up for auction I notify Bank of New York Mellon and property is removed from auction. Why is this? Recontrust said Bank of New York Mellon appointed Recontrust as trustee and Bank of New York is the foreclosing party. Articles of mail from attorney’s who say they can help stop foreclosure show Lender is Bank of New York Mellon and Trustee is another party.

  41. If we assume MERS is acting in capacity as agent,
    if MERS is representing a defunct company,
    how did the defunct company direct the agent to take an action?

    It is impossible for the agent to act as an agent for a defunct corp, there is no agency relationship.

    Assignment is sworn to before an notary and filed under oath for a company that doesn’t exist.

    Can they claim they made a mistake because they swore under oath they didn’t?

    Did they swore under oath everything was right?

    Is the document fraudulent? Is the document fraud?

    If it’s a file under oath, in the record, affecting property. can this be construed as a harmless error?

    What agency would MERS have to act under authority for this company?

    Anybody else signing for anyone even themselves is going to have to show that they have authority (direct authority themselves) or power of attorney from someone who does have direct authority.

    Does MERs have standing or power of authority to act as an agent for the no longer existing company?

    Have any court cases about MERS raised the issue in this manner. It seems standing is and is not an iddue, but no one has dealt with the nominee as an agent or document sworn to before a notary and filed under oath that everything is right when it’s obvious it’s not, or have they even defined whether nominee means agent?

    On a side note, a blogtalkradio show called two moms on a borough, the woman said part of the way they securitize these assignments and property is they run it through a borough in Alaska.
    .
    Opinions, only.
    Trespass Unwanted, Creator, Corporeal, Life, Independent, State, People, In Jure Proprio, Jure Divino

  42. The details i mean the revenue details.
    ( real estate mortgage conduit)

  43. Ray Shelton
    it appears your thinking class action – if your not an atty get a great class action lawgroup that has gone after such big boys before AND theres no conflicts of interest ( common sense but dont take it fir granted)
    Wish you luck in class action. I think you might be able to obtain detail of mortgage backassets in a uhumm ” REMIC trust” the 1066 and shedual q irs document they submit to irs – you might get the details of the assets they hold , because class action involves many loans.( for a single loan you can only get general detail in discovery i believe)
    You might research this aspect as you get into discovery. Im not an atty but i think the financial fraud is to be also tax fraud and might be the Achilles heal. Thats how they got Al Capone, same thing different day, but its time the Irs were made to do their job properly as their public duty also.

  44. @Ray Shelton: FYI, the scenario you write is going on all over the country in every county where residential property is located. It is not just going on with US Bank. All the servicers are in on the scam, and they still have not been brought to justice, tried, convicted and sentenced.

  45. Ray Shelton May 19, 2014 at 7:49 pm
    If you are being foreclosed on By US Bank and or SN Servicing ( Please No Other banks or services please) Please check the signatures on your deed in your county clerks office, if you are sure that forgery or falsification of your documents has taken place then call me ASAP we are going after anyone who has wrong us by forgery and or uttering forgery under the RICO ACT. This is happening now 2014 Please join us. call 352 274 8467 Ray Shelton
    #1. Did A Serious Crime of forgery and Uttering forgery take place by US Bank and their attorneys against you ?
    #2. The OCCs Cease and desist order signed by US Bank and its Board of directors specifically says that US Bank and its third parties ( Servicer’s and attorneys) will stop this kind of criminal activity immediately and make restitution, but they have only escalated their activities of illegally taking homes in Florida via Forgery and falsifying documents etc.:

    MEDIA STORY LINE. A Well known highly respected Florida Notary and his wife who witness the signing of a deed and mortgage have come forward and signed a statement sworn under oath that the signatures on a deed and mortgage were originally signed in Royal Blue. They even went to the Marion County Clerk of the Court and had another notary witness the fact that they viewed the recorded deed and mortgage that was submitted by US Bank and then witnessed that the documents were not sign in Royal Blue. But in fact were signed in Black. It is clear by any reasonable person or most important by Law Enforcement and our Judges, that after US Bank claimed a lost note status for a couple of years, they had no choice but to forge the deed and note in order to have standing in court.
    The Shelton family is being illegally foreclosed on by US Bank who has already paid out multi million dollar fines, but no one has gone to jail. Who is actually committing these crimes? Was it DocX or LPS or is it their attorneys? This needs to be discovered and prosecuted by the Feds because it is a very serious issue that is costing the American public billions of dollars in loses. It apparently doesn’t matter to US bank that the homeowner is right or wrong because no normal family can stand up to the money that is used to win by attrition against a homeowner. Who will protect the public and stop the destruction of hundred of thousands of families lives all across this nation?
    This is also very wrong because Us Bank and their attorneys may be undermining the integrity of our entire Justice system and the American way of life as it is known today. Will it end up that it is ok to forge our most treasured document without any prosecution by our government? This is becoming a crime wave that is unparalleled in history and America must stop it. Have Multiple interstate crimes been committed multiple times By US Bank and their attorneys ? Should these issues be considered within the Rico Crimes Laws. US Bank has not stopped their behavior, are the fines way to low and they just don’t care because the numbers prove that they can still make huge profits by continuing on the same path? Where is Law Enforcement? Where is Eric Holder? Where is OBAMA???
    The Shelton Family didn’t discover the facts about the forgeries until they had already lost in every court even the appeals court. Now that they found out and have proof of forgery shouldn’t all the other ruling be null and void? The Shelton’s are filing a Civil Criminal Lawsuit against the attorneys Andrew Braaksma and Paul McKenna and another Civil Rico law suite against US Bank and SN servicing.
    The Shelton’s have filed a bar complaint with the Florida bar against Andrew Braaksma out of Miami and his partner Paul Mckenna for Uttering Forgery and other reasons to be announced. They have also filed a complaint with the FBI and with the Florida Attorney General. They will soon ask the Office of State wide prosecution to take the case. There will also be some press conferences set up to expose the Miami Attorneys and US Bank. Shouldn’t this case be moved up to the Federal courts and demand relief and for the prosecution of the Miami Attorneys and US Bank? To join us please call 352 274 8467 Ray Shelton

  46. I don’t remember seeing anything about this FTC holder rule.
    I was listening to an audio from April 25, 2014 and a discussion came up about vicarious liability and the FTC holder rule.

    I’ll put in a link but I transcribed the layman’s terms used in the conversation when discussing vicarious liability because someone wanted to see the purported power of attorney a company claims they had to make an assignment of a mortgage and when they sent the request, the company was out of business.

    That put the verification on the entity standing holding the assignment.

    My transcribing the words from that audio
    ———————–
    vicarious liability is liability put on a party that did not commit the original offense FTC holder rule 16 CFR 433 goes into holder in due course.

    If I give you a check and you take it to the bank and it bounces. DA is not going to come after you, you are holder in due course you have no liability for any fraud that may have been committed in the creation of that site draft.

    FTC holder rule says we have mortgage companies going into business, creating predatory loans, selling the loans to a third party and then going out of business, leaving the borrower with no remedy.

    Therefore in the matter of a consumer transaction, any subsequent holder is subject to any claim the borrower would have against the lender.

    That makes them a holder, not a holder in due course.

    ———————————————-

    http://www.nclc.org/images/pdf/udap/letter-ftc-holder.pdf

    Protecting and Improving the Best Thing
    The FTC Has Ever Done: The Holder Rule

    I read the article and the FTC adopted the Holder Rule in 1975

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

  47. and Louise put judge Schlesingers name in there for me under Treason.

    A judge that refuses to obey the Supremacy Clause of the US Constitution is guilty of Treason.

  48. I don’t think tnharry’s on the “other side” of this mess. He, like me, has no regard for what look like hollow arguments or assertions. I don’t agree with him sometimes, but I see him as an anchor, a reality check. No, I don’t think he’s a bankster proponent (maybe he is – got me); I just think he’d like to see some useful info here. Well, yeah, we all would. My big bone with NG is his continuing allegations of what we’d find with discovery. I see him as putting the cart before the horse. Have to get the damm door open to find out what’s in a room, and he
    isn’t, hasn’t been, very helpful in that regard. imo. (“Look, your honor:
    If you’ll only allow discovery, I can show you that XYZ actually murdered his parents” – not gonna happen without demonstrating why the door has to be opened, and imo, that doesn’t begin with an allegation of forgery, there’s no loan, no meeting of the minds, etc. It’s procedure, and with total reliance on a bearer note and a mers’ assgt, what’s the argument? The I-can’t-really-prove-it-yet-forgery-allegation? Whassup with the legal community? I’d sure like to know.
    IS a member’ (or non-member) employee 1) a mers’ officer 2) capable of binding mers (for stinking instance)? As a nominal ben, what does mers have to assign? Where’s that authority found? It’s a long list of taken for granted’s and presumptions. Yes, certain cases represent precedent in certain jurisdictions. Doesn’t mean at all they can’t be challenged, as they should be. imo. There is not one case, not one, to my knowledge that found mers is an agent according to l a w or f a c t s. There’s not one to my knowledge that found, based on f a c t s, that MERS may assign the ben interest in coll instrument. Like I always say, these things may be factual (mers is an agent, has authority, etc.), but I have never seen any fact or law relied on in making these determinations. (contract / written agreement?) Any judge of any court which found MERS to be an agent based on the coll instrument is asleep at the wheel or biased and also slept thru agency 101.
    E. Tolle is right on – if this stuff were legit, there’d have been no consent orders, and our and the legal communities overlooking the basis for the MERS’ Consent Order is a disgrace. Not only is it a disgrace, but a serious exploration of the underlying basis of that order is likely dispositive of a lot of this situation. Clearly I dont’ have the wherewith all or I’d have been all over it. But I’m not a Levitin, for instance, with this and that available to me. If there has been a treatise on the basis for the mers’ Consent Order, I haven’t seen it. Kind of a big deal, wasn’t it? If you think not, consider that a major part of the whole stinking m.o. was to have MERS foreclose (read foreclosures in MERS’ name). WHAT was found such that MERS entered a mandate to its members (and others) for no more f/c’s in its name?! That was a MAJOR “policy” change.

  49. E.Tolle, you go! I love your post, but you might throw something else in there as well. It is called Treason.

  50. Neidermeyer said:
    “they cannot survive a move to business/complex where my evidence cannot be ignore….”

    No, they can’t. Thing is, these should all be business/complex cases. For those of you don’t know (I know only in a cursory fashion), a business/complex case is a particular designation with some different rules (I think – like discovery stuff) and likely assigned to particular judges, those with (supposedly) a grasp on “business”. But, not happening AS LONG AS courts are allowed to let banksters stand on alleged poss of a bearer note and a “mers” assignment. Still, if one wants to argue it should be designated a complex case, might start researching “complex” cases.

  51. This looks like misprinted $ : May be it take another four years
    to get it :

    http://realtime.blog.palmbeachpost.com/2014/05/22/fla-homeowners-get-9-12-billion-in-mortgage-relief-from-unique-deal/

  52. Etolle and zurenarrh- my thoughts exactly, plus this:
    In the numerous suits brought by AMBAC, MBIA, and other insurers, in a single pool of say 8 ,000 mortgages, a good portion of which the insurors had paid when they “. defaulted” , and an additional number which they were being asked to pay for, the judges generally stated that the mortgages were “defective and unenforceable”.
    BUT- we as borrowers can’t find out which ones were paid off, which should be a crime by itself. Was mine paid off several times over? I think so, but I can’t do any more research . After the signatory on my Chicago Title lenders policy screamed at me, ” if you want that information you’ll have to have your atty subpoena it”. Im not a screaming type of person. Just a mild mannered, 6’2″ 240 lb formerly nationally ranked athlete who is PISSED OFF, and scheming on how to turn the tables on these lowlife subhuman vermin fit only for extermination.

  53. The only thing to understand about tnharry and other similar points of view is that they’re on the wrong side of this battle, fighting for the .01%. Tnharry’s nothing if he’s not consistent, always shouting loudly, “You can’t use that argument!” Or, “Try that in court, you’ll get tossed before you open your mouth!” all the while he and his brethren lie cheat and steal millions of homes from the down and out.

    I’ve said it before many times here, there’s simply no excuse for a so-called society that would ever attempt to condone the abandonment of its citizenry and their well being due to bad laws, technicalities, or whatever-in-the-fuck you want to call this debacle. Only by complete capture does a government condone the total rape of its population.

    To quote a Brooklyn Law School Legal Studies Research Paper entitled Cleaning Up the Financial Crisis of 2008: Prosecutorial Discretion or Prosecutorial Abdication?

    Prosecutors’ lack of action against more of the individuals within the organizations that sold bad mortgage instruments and who oversaw the machinery that produced millions of terrible mortgages is discomfiting. Indeed, by exercising their discretion to abstain from prosecution, it appears as if federal prosecutors have abdicated each and every one of their stated roles as it relates to the Crisis: To enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and impartial administration of justice for all Americans.

    Tnharry, just because your side is ahead at this juncture of the battle, don’t count on winning the war and rocking on the front porch in your elder days. Instead, go ahead and pick out a lamp post. A tall one. I think swinging is more in your future, much more than rocking, when all is said and done.

  54. I really don’t understand tnharry and others that share his point of view.

    If Neil’s ideas were just “theories,” as tnharry disparagingly calls them, there’d have been no consent orders, no national mortgage settlement, no “independent” foreclosure review, no abrupt shutdown of said “independent” foreclosure review, no admission from Fed and OCC hacks under questioning that they do have evidence of foreclosure/mortgage wrongdoing but won’t share it with homeowners, and certainly no need for the thousands of settlements this article is referring to.

    Where there’s smoke there’s fire, and the naysayers and nonbelievers and enablers of fraud who can’t and/or won’t see the truth when it’s as plain as the nose on their face are the reason this country is collapsing. I hope they enjoy the fiddlin’ as the flames engulf everything…

  55. @ TNHarry ,

    The evidence is overwhelming and confirmed in Federal suits and settlements … The banks are the gov’t and the gov’t are the banks and the legal profession gives them all a big sloppy Lewinsky while they collect fees for perjury. There will be individual victories to make individual cases “go away” (I’ve seen it) but there will not be a grand reset of the playing field.

    The corruption in the legal profession is legendary as are the safeguards against penalties for their illegal acts…

    I’m helping my b-i-l fight a case right now … the plaintiffs liar accidentally gave us his contemporaneous notes to go along with his billing records… his notes show that he immediately recognized in his initial consult that there was no case , that the debt was discharged in the final judgement in a prior fc suit and recognized in the general ledger as such by his current client, in fact he was counsel in that fc case for this same client (the condo assoc./RE Mgmt co. ,, not the bank) … he continued to harass and attempt to extort for almost a year and broke the FDCPA dozens of times … He is the norm and not the exception.

    You say you’re a fantastic dragonslayer ,, ok then ,,, help me out with this case , recommend a Central Florida lawyer who will chop this a-holes nuts off with pages of FDCPA violations … you even have 2 parties to attack as the RE Mgmt company that hired this PA is also a great target… My B-I-L is in a house with no A/C in FL with a pregnant wife ,, $10k+ in FDCPA penalties would be a godsend to them.

    brian.tracy1324 AT gmail.com

  56. I’m going all the way.
    sheriffoflove.org

  57. Javagold there is a reason that Fannie & Freddie had not been released from conservatorship and they paid back the $185 billion, and have since become profitable again but are not being released I believe is because the government knows the properties were illegally foreclosed in a lot of case under these two as owners of the debt, however without proof!

    Its going down and just depends on the time frame Obama wants of needs to have it released or allegedly leak!

  58. My bank Astoria Federal already admitted in judge Schlesingers court they didn’t own my two properties when the corrupt dept collector attorneys MJRF and the corrupt referre Penny Stark auctioned them off to straw buyers of the debt collectors and the Title companies were coming into indemnify .

    In steps Fidelity Title and a sham title company called Coronet Title. –
    and now you know the rest of the story.

  59. Great.

    So Should I move back into my foreclosed and stolen house. Or wait for a big check from the Servicer and Fannie Mae.

    I won’t say a word. I promise.😉

  60. tnharry
    lots of corruption by banks, courts and attorneys like you caused lack of success

  61. kind of an easy and convenient way of explaining lack of any success using these theories isn’t it? and assuming the homeowners made a fantastic deal and could consider it a victory, that still give no credence to the garfield model.

    here’s an analogy. i’m a fantastic dragonslayer. the proof is that there are not thousands of dragons flying overhead…

  62. Hello is right. in all the years i’ve been helloing only one Federal Court judge the Hon Louis L Stanton heard my voice and then was quieted by NYS judges to remand.

    While my case ml v. Astoria Federal was still under Federal jurisdiction nys judge Carol Arbor went ahead and signed two void ab initio judgments in state court with the caveat that I had enough Due process.and the only nys judge that defended my position was judge Helen Friedman with BUT she was in Federal Court when the judgments were written.

    The NY Appellate Court got around judge Schlesinger ‘s illegal ruling by lying and changing the dates.

  63. I thought I’d be at this negotiation point late last year ,,, well the bank finally found ANOTHER law firm to represent it and they’re back .. probably in August or Sept.. ,, we’re going to bury them in evidence and they will cave or they will die… they cannot survive a move to business/complex where my evidence cannot be ignored , it will lead to discovery.

  64. there has to be a fix
    it is no longer a secret
    We educated ourselves

  65. Marilyn I think it at the point that thing are going to get fix because We the People have educated ourselves, and you can see that in the courts in New York which I think count the most because this is were the securities are sold.

    Ginnie Mae gotten the message and by asking for a know in show us the title is the beginning of the end because its something they cannot produce that not a forgery!

  66. Mr Reed, I agree with you the banks, judges and lawyers are working with divide and conquer.

    Let the bank tell me and everyone where they got the cash to give me the loan. I went into Federal Court Southern district with the money issue when the Bank hid four of my checks in order to demand real money for their fake created money. The Hon Louis . L Stanton under stood what the problem but let the bank talk him out of looking at the issue then. it is always going to be like this unless we correct it.

  67. Fight them and then lay down with them and keep your mouth shut.

    That Rule of Law audio, the people are calling in complaining that the latest thing happening is ‘their’ mortgage company, I am assuming this means their now their legitimate mortgage company, pays the taxes for the year and then bills them for the taxes with the mortgage thus increasing their monthly payments and they can’t afford the higher payments and will or have end up in foreclosure?

    louise, I don’t know how to respond so I’ll put my foot in my mouth and try because I need to.
    I have deepest sympathy that you were deceived yet again by the deceivers and I wish I knew in advance what they would have done so I could have told you in advance.

    I don’t trust them nor their money so I avoid FRNs as much as I can. My co-creations do not like how will carry the burden and spend US Mint money over touching their papers and receipts. And being financially responsible for rejecting a system that is accepted by so many does become a heavy burden. Coins are real and they are heavy, but I am not contributing to the problem.

    I hope every dollar coin I spend removes one of their dollar bills from circulation, and if it removed the monetized dollars too, then one dollar coin, I hope it removes 10 dollars in FRNs and credit from circulation.

    I am being the change I want to see. I was waiting on me and I stepped up to the plate and have been spending coins since 2009.

    You know me by my acts.

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

  68. As for borrowing the money, the scam was orchestrated so well that everyone fell for it. I am sure none of us went into buying property thinking the end result was set up to have the fruits of years of labor stolen.
    This is seventeen years for me since they ousted me. with two void ab initito judgments.

  69. Mr Reed. That is what is happening but for all that have had so much damage including having had the property taken should be first up on the return ladder . You are right once someone is ousted it is a whole different story.

  70. Marilyn we got a problem and that is that everybody borrowed monies and who exactly we borrowed it from is at question. Monies did not drop out the sky and people purchased homes or refinanced homes.

    So we are going into court with an agenda but we must be harmed or we got no case or we are doing a quiet title to show who on title if anybody.

    However people are stopping foreclosures but that not stopping someone else from claiming a debt against the properties. So home owners are accepting a 40% less monthly payment in exchange of losing the house and writing here about being foreclosed and not being able to fine a professional that knows that rain comes from the clouds!

    So if I were in the possession to not get foreclosed and stay in the home at a 40% reduced payment I would have taken that deal at the time because it not sounding like a bad deal, and I would not have bad mouth the lender. Who got the monies to fight these folks and it depends on the time of day what a judge is going to rule!

    If I were ask by a family member what they should do, even that I am fighting that the banks don’t own the loans in a lot of cases, but I would tell them to take the deal!

  71. To me it seems like Mr. Reed is into why; a bank might be making a deal. They have no right so they are making a deal to get new paperwork.

  72. Homeowners don’t watch the show Leverage. If they would, they might realize the negotiation with the banksters isn’t about what the homeowners can get; it’s about what the banksters have to lose. Recently fed regulators stated they would not allow a bank convicted of a crime to participate in the GSE exchanges. What do you suppose such a loss would be worth to say, JP Morgan Chase? Ans: likely more than Jamie Dimon’s annual salary.

  73. If the banks has not taken your property were is the damage and how do you go to court to ask for restitution? They are redoing this paper work because I feel they already realized that Justice is making the move as Ginnie Mae halted the transferring of the loan files and is asking for titles, but there are not valid titles.

    I would think the people they are working deal out with are those that the present holder of the Notes where not the original lien holder or had actually purchase the loan and transferred the lien.

    I would think as long as the originator has possession of the Note they will push the fact they never actually loss physical possession so they don’t need to show any proof of ownership!

  74. Who is pushing for these Gag ordered settlements. The corrupt judges, the corrupt banks, the corrupt attorneys Who?
    Give us an Elizabeth Warren . make us whole and an ethical country again.

  75. where is all the money coming from that banks are being built all over the place From gag ordered ponzi scams.

  76. IF there have been any such deals it has been under GAG orders because it is a deal with a devil and the devils are coming out ahead.

  77. This kind of reasoning is all leading to the downfall of this country.

  78. This is a lot of garbage and only those that might not have the foreclosure completed would they settle for a modification. Anything stolen has to be given back to whom ever they stole from.

  79. It is so upsetting to be a homeowner who paid her mortgage off and a Pretender Lender who had no legal rights to payment but received over 145,000 in 5 years illegally foreclosed. We met the Burden of Proof and had a Preponderance of Evidence but an UNETHICAL JUDGE ignored his oath and the Rules of Law. Thank GOD I am a hoarder and have proof of everything from the Origination Fraud to the Illegal Foreclosure. I am going to be the Poster Child of exposing the corruption and will not stop until Justice is done.

  80. We Need Liz Warren.

  81. Sadly- it appears they have money to burn. ( they prob write it if on taxes)

  82. I told everybody that this was going to be done that they were going to settle because they got no financial interest in the loans.

    Now if Neil thinks that ten of thousands of broke folks are not going to take these settlement at this point, when as they are still in the properties and cannot show damage because they have not been foreclosed.

    We got attorney that are few and far between working these case because were the money coming from to pay them?

    So this is the first stage of what the banks have to do to reaffirm this debt, and after they have to work through the illegally foreclosures, as you got liability all over the place!

  83. All I can say is like a modification – ( that word makes me heave) but how can you settle what you don’t have authority to settle – from ……
    The real slim shady would have to stand up who ever slim is, so all well and good the gag clause but I hope there’s an indemnity clause stronger than that gag.

  84. I’ve got news for everybody: I have a settlement which was breached in less than a year.

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