BAP Panel Raises the Stakes Against Deutsch et al — Secured Status May be Challenged

Fur Further Information please call 954-495-9867 or 520-405-1688

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ALERT FOR BANKRUPTCY LAWYERS — SECURED STATUS OF ALLEGED CREDITOR IS NOT TO BE ASSUMED

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I have long held and advocated three points:

  1. The filing of false claims in the nonjudicial process of a majority of states should not result in success where the same false claims could never be proven in judicial process. Nonjudicial process was meant as an administrative remedy to foreclosures that were NOT in dispute. Any application of nonjudicial schemes that allows false claims to succeed where they would fail in a judicial action is unconstitutional.
  2. The filing of a bankruptcy petition that shows property to be encumbered by virtue of a deed of trust is admitting a false representation made by a stranger to the transaction. The petition for bankruptcy relief should be filed showing that the property is not encumbered and the adversary or collateral proceeding to nullify the mortgage and the note should accompany each filing where the note and mortgage are subject to claims of securitization or a “new” beneficiary.
  3. The vast majority of decisions against borrowers result from voluntary or involuntary waiver, ignorance and failure to plead or object on the basis of false claims based on false documentation. The issue is not the signature (although that probably is false too); rather it is (a) the actual transaction which is missing and the (b) false documentation of a (i) fictitious transaction and (ii) fictitious transfers of fictitious (and non-fictitious) transactions. The result is often that the homeowner has admitted to the false assertion of being a borrower in relation to the party making the claim, admitting the secured status of the “creditor”, admitting that they are a creditor, admitting that they received a loan from within the chain claimed by the “creditor”, admitting the default, admitting the validity of the note and admitting the validity of the mortgage or deed of trust — thus leaving both the trial and appellate courts with no choice but to rule against the homeowner. Thus procedurally a false claim becomes “true” for purposes of that case.

see 11/24/14 Decision: MEMORANDUM-_-ANTON-ANDREW-RIVERA-DENISE-ANN-RIVERA-Appellants-v.-DEUTSCHE-BANK-NATIONAL-TRUST-COMPANY-Trustee-of-Certificate-Holders-of-the-WAMU-Mortgage-Pass-Through-Certificate-Series-2005-AR6

This decision is breath-taking. What the Panel has done here is fire a warning shot over the bow of the California Supreme Court with respect to the APPLICATION of the non-judicial process. AND it takes dead aim at those who make false claims on false debts in both nonjudicial and judicial process. Amongst the insiders it is well known that your chances on appeal to the BAP are less than 15% whereas an appeal to the District Judge, often ignored as an option, has at least a 50% prospect for success.

So the fact that this decision comes from the BAP Panel which normally rubber stamps decisions of bankruptcy judges is all the more compelling. One word of caution that is not discussed here is the the matter of jurisdiction. I am not so sure the bankruptcy judge had jurisdiction to consider the matters raised in the adversary proceeding. I think there is a possibility that jurisdiction would be present before the District Court Judge, but not the Bankruptcy Judge.

From one of my anonymous sources within a significant government agency I received the following:

This case is going to be a cornucopia of decision material for BK courts nationwide (and others), it directly tackles all the issues regarding standing and assignment (But based on Non-J foreclosure, and this is California of course……) it tackles Glaski and Glaski loses, BUT notes dichotomy on secured creditor status….this case could have been even more , but leave to amend was forfeited by borrower inaction—– it is part huge win, part huge loss as it relates to Glaski, BUT IT IS DIRECTLY APPLICABLE TO CHASE/WAMU CASES……….Note in full case how court refers to transfer of “some of WAMU’s assets”, tacitly inferring that the court WILL NOT second guess what was and was not transferred………… i.e, foreclosing party needs to prove this!!

AFFIRMED- NO SECURED PARTY STATUS FOR BK PROVEN 

Even though Siliga, Jenkins and Debrunner may preclude the

Riveras from attacking DBNTC’s foreclosure proceedings by arguing

that Chase’s assignment of the deed of trust was a nullity in

light of the absence of a valid transfer of the underlying debt,

we know of no law precluding the Riveras from challenging DBNTC’s assertion of secured status for purposes of the Riveras’ bankruptcy case. Nor did the bankruptcy court cite to any such law.

We acknowledge that our analysis promotes the existence of two different sets of legal standards – one applicable in nonjudicial foreclosure proceedings and a markedly different one for use in ascertaining creditors’ rights in bankruptcy cases.

But we did not create these divergent standards. The California legislature and the California courts did. We are not the first to point out the divergence of these standards. See CAL. REAL EST., at § 10:41 (noting that the requirements under California law for an effective assignment of a real-estate-secured obligation may differ depending on whether or not the dispute over the assignment arises in a challenge to nonjudicial foreclosure proceedings).
We must accept the truth of the Riveras’ well-pled
allegations indicating that the Hutchinson endorsement on the
note was a sham and, more generally, that neither DBNTC nor Chase
ever obtained any valid interest in the Riveras’ note or the loan
repayment rights evidenced by that note. We also must
acknowledge that at least part of the Riveras’ adversary
proceeding was devoted to challenging DBNTC’s standing to file
its proof of claim and to challenging DBNTC’s assertion of
secured status for purposes of the Riveras’ bankruptcy case. As
a result of these allegations and acknowledgments, we cannot
reconcile our legal analysis, set forth above, with the
bankruptcy court’s rulings on the Riveras’ second amended
complaint. The bankruptcy court did not distinguish between the
Riveras’ claims for relief that at least in part implicated the
parties’ respective rights in the Riveras’ bankruptcy case from
those claims for relief that only implicated the parties’
respective rights in DBNTC’s nonjudicial foreclosure proceedings.

THEY REJECT GLASKI-

Here, we note that the California Supreme Court recently

granted review from an intermediate appellate court decision
following Jenkins and rejecting Glaski. Yvanova v. New Century
Mortg. Corp., 226 Cal.App.4th 495 (2014), review granted &
opinion de-published, 331 P.3d 1275 (Cal. Aug 27, 2014). Thus,
we eventually will learn how the California Supreme Court views
this issue. Even so, we are tasked with deciding the case before
us, and Ninth Circuit precedent suggests that we should decide
the case now, based on our prediction, rather than wait for the
California Supreme Court to rule. See Hemmings, 285 F.3d at
1203; Lewis v. Telephone Employees Credit Union, 87 F.3d 1537,
1545 (9th Cir. 1996). Because we have no convincing reason to
doubt that the California Supreme Court will follow the weight of
authority among California’s intermediate appellate courts, we
will follow them as well and hold that the Riveras lack standing
to challenge the assignment of their deed of trust based on an
alleged violation of a pooling and servicing agreement to which
they were not a party.

BUT……… THEY DO SUCCEED ON SECURED STATUS

Even though the Riveras’ first claim for relief principally

relies on their allegations regarding the assignment’s violation
of the pooling and servicing agreement, their first claim for
relief also explicitly incorporates their allegations challenging
DBNTC’s proof of claim and disputing the validity of the
Hutchinson endorsement. Those allegations, when combined with
what is set forth in the first claim for relief, are sufficient
on their face to state a claim that DBNTC does not hold a valid
lien against the Riveras’ property because the underlying debt
never was validly transferred to DBNTC. See In re Leisure Time
Sports, Inc., 194 B.R. at 861 (citing Kelly v. Upshaw, 39 Cal.2d
179 (1952) and stating that “a purported assignment of a mortgage
without an assignment of the debt which it secured was a legal
nullity.”).
While the Riveras cannot pursue their first claim for relief
for purposes of directly challenging DBNTC’s pending nonjudicial
foreclosure proceedings, Debrunner, 204 Cal.App.4th at 440-42,
the first claim for relief states a cognizable legal theory to
the extent it is aimed at determining DBNTC’s rights, if any, as
a creditor who has filed a proof of secured claim in the Riveras’
bankruptcy case.

TILA CLAIM UPHELD!—–

Fifth Claim for Relief – for violation of the Federal Truth In Lending Act, 15 U.S.C. § 1641(g)

The Riveras’ TILA Claim alleged, quite simply, that they did
not receive from DBNTC, at the time of Chase’s assignment of the
deed of trust to DBNTC, the notice of change of ownership
required by 15 U.S.C. § 1641(g)(1). That section provides:
In addition to other disclosures required by this
subchapter, not later than 30 days after the date on
which a mortgage loan is sold or otherwise transferred
or assigned to a third party, the creditor that is the
new owner or assignee of the debt shall notify the
borrower in writing of such transfer, including–

(A) the identity, address, telephone number of the new

creditor;

(B) the date of transfer;

 

(C) how to reach an agent or party having authority to

act on behalf of the new creditor;

(D) the location of the place where transfer of

ownership of the debt is recorded; and

(E) any other relevant information regarding the new

creditor.

The bankruptcy court did not explain why it considered this claim as lacking in merit. It refers to the fact that the
Riveras had actual knowledge of the change in ownership within
months of the recordation of the trust deed assignment. But the
bankruptcy court did not explain how or why this actual knowledge
would excuse noncompliance with the requirements of the statute.
Generally, the consumer protections contained in the statute
are liberally interpreted, and creditors must strictly comply
with TILA’s requirements. See McDonald v. Checks–N–Advance, Inc.
(In re Ferrell), 539 F.3d 1186, 1189 (9th Cir. 2008). On its
face, 15 U.S.C. § 1640(a)(2)(A)(iv) imposes upon the assignee of
a deed of trust who violates 15 U.S.C. § 1641(g)(1) statutory
damages of “not less than $400 or greater than $4,000.”
While the Riveras’ TILA claim did not state a plausible
claim for actual damages, it did state a plausible claim for
statutory damages. Consequently, the bankruptcy court erred when
it dismissed the Riveras’ TILA claim.

LAST, THEY GOT REAR ENDED FOR NOT SEEKING LEAVE TO AMEND

Here, however, the Riveras did not argue in either the bankruptcy court or in their opening appeal brief that the court should have granted them leave to amend. Having not raised the issue in either place, we may consider it forfeited. See Golden v. Chicago Title Ins. Co. (In re Choo), 273 B.R. 608, 613 (9th Cir. BAP 2002).

Even if we were to consider the issue, we note that the

bankruptcy court gave the Riveras two chances to amend their
complaint to state viable claims for relief, examined the claims
they presented on three occasions and found them legally
deficient each time. Moreover, the Riveras have not provided us
with all of the record materials that would have permitted us a
full view of the analyses and explanations the bankruptcy court
offered them when it reviewed the Riveras’ original complaint and
their first amended complaint. Under these circumstances, we
will not second-guess the bankruptcy court’s decision to deny
leave to amend. See generally In re Nordeen, 495 B.R. at 489-90
(examining multiple opportunities given to the plaintiffs to
amend their complaint and the bankruptcy court’s efforts to
explain to them the deficiencies in their claims, and ultimately
determining that the court did not abuse its discretion in
denying the plaintiffs leave to amend their second amended
complaint).

73 Responses

  1. Now the investors up on Wall Street want to steal all of the policemen’s pension money by completely “nationalizing” our “Constitutional Republic’s” police force.

    “Nationalisation,” meaning, the traitors in Congress, and the Senate, passed a mandate into law allowing the crooks on Wall Street, to contract out, or subcontract out, our
    entire U.S. militia, our own U.S. Taxpayer funded police force to the
    foreigners.

    The police can all bid a fond farewell to their publically funded pension fund money now because all of it has now been “militiraized” and handed over to the foreigners like Dick Cheney’s buddies over at Blackwater.

    That means when the next disaster strikes, you will have no legal rights under the U.S. Constitution. Just like what the folks down south found out in the aftermath of Katrina.

  2. The investment banksters on Wall Street stole the American peoples hard earned pension money. What makes that even more criminal is they used the U.S. Taxpayers money to get the job done.

    They were then “bailed out” by the U.S. Treasury Department by way of the Federal Reserve Banksters “discount window” for engaging in
    worldwide investment banking fraud and virulent and pervasive banking
    malfeasance.

    The American people already paid upfront for all of the big banks fraud in the issuing of credit at the Origination Fraud. Every single thing in this
    country, including every single U.S. property has been paid for by the U.S. Taxpayers and repaid umpteen times over and then some. We The People are forced to keep repaying for the Origination Fraud in all of these fraudulently induced mortgages time and time again primarily by taxation. Yet these crooks have gotten away with even more unjust enrichment by the outright theft of the U.S. Taxpayers property through
    fraudclosure.

    The outrage by the American people should be of monumental proportions
    by now. Especially after yesterdays announcement that the Senate Banking Committee, who are obviously getting “large campaign contributions” from their cronies at
    the Mortgage Bankers Association, handed their criminal friends up on Wall Street, a trillion more dollars of the U.S. Taxpayers hard earned
    money.

    The traitor politicians are flushing our kids futures and our entire country, along with the U.S. Constitution,
    down the congressional toilet.

  3. This was the biggest pension fund fraud in U.S. History.

    The Board of Directors at J.P. Morgan Chase knew that there was nothing else that could compromise the people of this nation more than stealing everyones pension money.

    For that reason alone, I agree with what President Obama said a couple of years ago. Wall Street should be shut down. Furthermore, all of the
    thieves should be arrested, including all of the Wall Street “hedge fund managers.” CHASE, the GSE’s and all of the “Investment Banksters” should
    be held to account for all of the
    “missing pension money.”

    Unless and until all of that happens, we will be a divided nation whose citizens are living on the brink of an impending international disaster of biblical proportions.

  4. According to my daughter who worked at the local mall on Thanksgiving, Black Friday, Saturday and Sunday the place was jam packed on all 4 days. Obviously the recession has not effected everyone. At least not just yet, anyways.

  5. Imagine your own father betrays you and wants you drugged up, and/or locked up because he fears that you know too much and sees you are not going along with the satanic program? You know this is true because you catch him not only lying to you but lying about you. What is it that he really fears? That you may have found out something that could jeopardize his pension money? Money is what betrayal usually boils down to.

  6. The “closing attorney” from my original house “closing” told me in a meeting that I had with him at the start of this FC fiasco that a lot of his clients were losing their houses. That certainly means he did not do his job properly now doesn’t it?

  7. Imagine making a trip to the mall at night and being pulled over for nothing by a cop who you really feel your life is being threatened by. If that can happen to me, that can happen to anybody. Imagine your spouse calling his cop friends and paramedics to scare and intimidate you when that spouse is constantly threatening and hitting you. It can happen to you if you refuse to cooperate with their evil program.

  8. The truth is the nationalizasion of our police force did not just happen. This has been going on for a long time and has been being planned for decades by the traitors from within.

    Some estimate 1 in 2 cops are Russian nationals. Upon Obama’s announcement those numbers are no doubt going to be ramped up. They have obviously been militarizing our police force in preparation for something like open martial law.

    Those random seat belt checks are obviously random military checkpoints. I have witnessed undercover cop cars backing in the woods near my house. I have seen military vehicles roll out from out of nowhere.

    My teenage daughter remarked to me the other day you can see they are planning martial law because there are military vehicles parked in front of Oak Forest hospital. Oak Forest hospital is a Cook County hospital so those military vehicles parked there
    speak to the fact we are living in a
    military state here in Illinois. You really are not safe anywhere in this state when they can come into your home at any time and remove you against your free will for doing nothing even remotely illegal.

  9. They drug you up to force their intolerable behavior on you. They take advantage of the bad situation they put you in and use stressors like hanging around the house all day, popping in unexpectedly just to aggravate you, loud whistling, repetitive speech, going out the backdoor and leaving it open, or unlocked and coming in the front door several times, asking you stupid or pervasive questions, they make presumptive statements that are threatening or insulting to you, whispering things to each other right in front of you, name calling if you don’t agree with them, they make smart remarks about you right in front of you, leave messes for you to clean, wont clean their bedroom, they smoke dope in your house to defy you, talking loudly on their cell phone are just some of their
    ploys. They test you to see what you will tolerate by being drugged. They want to drug you into their satanic psychosis.

    This is a very treacherous time for
    Christians.

  10. I do believe the fury of Gods wrath is near. Satan is getting completely out of hand by trying to drag everyone down to hell with him for all of eternity.

    This is being done by fascist tactics that are totalitarian in nature.

    Satans alter ego, lucifer, is stealing the
    free will of good Christians and God certainly will have none of that.

  11. The “investors” can’t imagine why you would reject their criminal behavior that can only be described as narcissistic. They are so arrogant to believe you could be bought and controlled from behind the scenes of their crimes, they will try to convince you that you must be crazy or having some sort of a “nervous breakdown” for rejecting them.

    What they have done to good people is so terrible it would make God
    himself swear at them.

    Gee, what would cause a good woman, with no criminal background, no history of any sort of illness and not so much as a speeding ticket on her record to flee from a cop who was acting like a lunatic for no reason. Maybe because he threatened to smash her car window if she did not get out of her car for not
    having her headlights on. That is the epitome of who these communists are. A bunch of lawless thugs and all they do is try and intimidate innocent people.

  12. These “investors” definitely want to try and engage you in their narcissistic behavior by intentionally breaking the law right in front of your face.

    You would not be human if their pompous arrogance did not upset you. It really does not matter how peaceable you are, they will lie about you to their comrades who will deem those lies as fact. That is the gist of the entire fraud closure scam, deeming lies as fact.

    They hate the fact you are an American patriot but moreover they hate the fact you are a Christian who is a good upstanding citizen.

    The truth is this evil cannot criminalize you for their crimes they committed against you when they happened so, they move to do that after the fact.

    It is everything after the
    fact because they got caught by you. These “investors” don’t have the guts
    to admit their own wrongdoings were born of a Vendetta
    meant to destroy your life.

    Fabian socialism is the same as communist re-socialism which is totalitarianism because they are both based upon satanic luciferianism.

    However, fraud with the intent to deceive is criminal and is not related to anything legal. Therefore, there are
    some very nefarious things going on from behind the scenes in these
    courtrooms.

    Michael Savage reported tonight the U.S. Treasury Department issued a trillion dollars in debt today upon the U.S. Taxpayers. That is how this totalitarian investor dictatorship operates. They do whatever they want with no regard for anybody else.

  13. AM talk radio host in Chicago tonight, Mark Levin is calling Obama’s nationalizing of our police force narcissistic behavior.

    That certainly describes these “investors” who believe “investing” means they are not only above the law, but they have a right to control the destiny of others. This is done by many fraudulent and deceptive practices committed by their own communist infiltraters. These communist infiltraters are put in place to control their own fraud by trying to destroy the lives of their targets who reject them.

  14. It is ungodly how these crooks employ their own hoodlums in the medical establishment to drug people into submission to their evil. It is one thing if you want their drugs. These demons call it trying to “help” you. It is quite another, to try and force a person into satanic based luciferianism by trying to make them believe their lies by trying to force a person to believe lies about themself. Then they have the gall to say they want to “help you” destroy your own life they want to ruin by drugging you to force conformity with all of their evil plans for you. That is theft of the free will of another with the intent to deceive to harm or permanently harm another and that is highly criminal. These “investors” who could be your own spouse, have the nerve to think have some sort of right to determine your destiny. That is evil b.s. to the point it is so
    diabolical and maniacal that it is narcistic.

    To sell off your own fraudulently induced debt that you
    created by counterfeiting, was done with the full intent of selling off your own spouse and family members is not only illegal,
    it is sick, narcicistic behavior. Esp when your spouse really believes he
    sold his spouse off to the enemy.

    This evil freemasonic plan was done in secret meetings under secret oaths regarding secret pledges to be carried out through secret court divorce proceedings called foreclosures at a predesignated time. You know this was all done in secret because the
    original legal assignments do not exist.

    If you look back now through your
    pictures with your family and friends
    you can see the freemasonic hand signs. Unfortunately however, back then you trusted these people in your life so you could never have known of
    the deception or what they were all planning to do to you. For had you
    known of the deception, you would have acted differently.

    There may have been many remarks made alluding to what they were planning that you found strange but you wrote it off.

    However, once you realize what they have all done to you, you will never trust any of them ever again.

  15. Furthermore, anyone who believed Jessica Simpson thought that “Chicken of the sea” was chicken is an idiot who deserves whatever they get.

  16. This evil will use its perps in the Healthcare industry to drug you up to try and force you to comply with their evil. If you refuse they will force you to go to one of their psychologists who will drug you so this evil can curse you into complying with their “new world order.”

    I remember one of the creepy anchors on RT news saying she had a feeling
    the American people will go kicking and screaming into the (satanic-based luciferian) “new world order.”

    I have news for her, I am a Christian, as well as a natural born American citizen. Therefore, I will stand firm in all of the legal rights afforded to me
    under the U.S. Bill of Rights and all of the laws that uphold it.

  17. The real problem for the “investors” in their own fraud is a legal theory that is not based on law or fact does not have a legal leg to stand on. Even worse, is to use a bogus “legal theory” to try and criminalize or claim that a completely innocent person is “crazy” because they are defending themself from that perp in fraudclosure. Just because the perp did not think its intended target was smart enough, or intelligent enough to discover the
    truth about its own crimes against
    that person is evil beyond belief.

    Especially when the perp uses cronyism with their own foreign national friends to try and destroy that
    innocent persons life with no actual
    evidence to back up their claims. That
    is what happens when you shine a
    light on these criminals by investigating their crime spree. The perp and their comrades eill try and
    turn the tables on you, to force you to flee into the arms of one of their
    comrades. The perp will go as far as
    to secretly pit your own friends and
    family members against you. The
    perp will commit numerous nefarious
    acts in order to force the target of their Vendetta against God and all of humanity
    to
    comply, conform and cooperate with
    all of their felony fraud that they
    committed against you. They want you to “play dumb” if they can’t criminalize you or prove that you are crazy. That is because the perp is desperate to get all of its evil work
    accomplished that it has planned for you. You can never again trust that
    person ever again once you find out who they are. Esp when they know
    they are under Federal Investigation for numerous felonies.

    They will do anything and everything to try and destroy your credibility.

    Take it from someone who knows, no one is safe living in this fraudulently induced investor tyranny.

  18. The CHASE CEO bragged that he did not need to take any of the U.S. tax payers money in the outrageous bailout scam. Why would he, being that CHASE’s Board of Directors are the main culprits who used their investment banking division to cover up for the Origination Fraud committed by them. The Origination Fraud is where they fraudulently conceal the fact the never pay the U.S. Treasury back for loaning them any of our hard earned money. That is of course unless you consider “good and valuable consideration” to be capitalist cronyism.

    The judges are basing most of their “rulings” on nothing based in law or fact by ignoring all of the Supreme Court rules. The theory of legal
    relativism, where “everything is relative” is a communist resocialist
    ideology that has no legality in our courtrooms. Judges secretly invoking their own “personal subject matter
    jurisdiction” over Defendants because their pension money and other money is invested in fraud is proof there is an illegal conflict of interest going on inside of these courtrooms. That can easily be proven because they are ignoring Federal law in open court.

  19. May I add, I see evidence that FC is an inside job by the investors from within, who are fraudulently concealing themselves as the RPII to fraudulently conceal the actual RPII are the Board of Directors over at CHASE Investment Banking Division. They are in cahoots with the Board of Directors at AIG who insured all of their fraud. That should have never been allowed to happen and that is why none of them should have been bailed out.

  20. A judge in open court in Drkalb County remarked, “how many chances does she get?” I know what she was implying was in regards to me turning myself, my original legal work and my journal writings over to the fascist police state. That simply cannot be done because my investigation into the mortgage fraud is based upon Federal Issues in regard to international securities fraud. Those crimes fall under the category of Federal law. Therefore that would only
    give legal jurisdiction in regards to me or anything to do with me to the
    Federal Authorities, namely the FBI Mortgage Fraud Division. Moreover, they all know this.

  21. As a direct result of the “investors” investing in their own mortgage fraud, we are all living in a foreign espionage ring that is a protection racket for their own fraud.

  22. Their CIA agents who are sub planted everywhere esp in the media all play good guy/bad guy. Charlie Gasparino, Matt Taibi, and the like, blame “the banks” but fail to name the investors like themselves play an encyclical part in this manufactured mess. This manufactured mess was created by them for the Russians by investing in their perps own U.S. bank note/mortgage note.
    counterfeiting scam.

  23. Maritime law is the law of pirates. However, to give a name to such lawlessness in our courtrooms gives credence to its illegitimacy. These frauclosure suits are more like Russian jihad under sharia law.

  24. The real peril in FC is only the enemy sees that you have on a U.S. military uniform. The U.S. courtrooms are being used as secret maritime law war tribunals by the investors in their own fraud. However, under the Admiralty flag, the Plaintiff is supposed to be conducting themselves under Federal law, which requires the Plaintiff to state a claim by attaching the cause of action at the
    onset of their suit. The fact no laws are being followed at all in these courtooms is how you know FC is an
    inside job by the investors who think
    they are above the law.

  25. My comments are some of the things I discovered by defending fraudclosure pro se. The principal agent and its agency bringing these FC suits never thought anyone was “intelligent” enough to find out the who, what, where, when, why or how regarding the principal agent or its agency lurking from behind the scenes of these fraud suits.

    FC is secret satanic ritual abuse that is carried out by varying degrees of freemasonic rituals. The principal agent and its agency always move to discredit and blame its victim who is its intended
    target if they get caught by their victim. This is done by trying to
    criminalize its victim, call them nuts or crazy or make them disappear.

    This is why defending FC pro se is kind of like enlisting in the military but you aren’t supposed to know that.

  26. The bit coin electronic currency is the 13th coin, the holy grail of satanic based luciferianism. The 13th coin is the satanic code name for the electronic control freak mechanism of the electronic currency. That is being secretly ushered in under the guise of the “Healthcare Act,” but is given a “nice sounding name” the “bit coin.” There was a prophecy that warned about one of the signs of the end would be, it would take a weeks worth of dinarius to buy a days worth of food. There are a lot of cheats claiming they are “broke” just to promote that prophecy. They are the same “investors” in their own mortgage fraud who were “refinancing” to counterfeit mortgage notes and bilk the U.S. Treasury Department by committing fraud in the issuance of credit.

  27. What these investors in fraud fail to realize is that was done to control not just some of us, but every single one of us. You cannot keep electronic currency under your mattress, or in a safe and therefore you have no security. Electronic currency is a means to control the entire population by dark forces who hate everybody. Even the “warren buffets” of the world.

  28. The hypocrisy of it all is, the Republicans who are complaining about the healthcare act being unconstitutional are its underwriters.

    The problem is that anyone, let alone a U.S. taxpayer paid politician, doctor, lawyer, judge, etc are all allowed to invest in anything that effects our life, liberty and property. That is a constitutional and therefore an illegal
    conflict of interest because it effects
    our legal right to defend our birth right
    And destroys our liberties. There are many Constitutional legal scholars who are lawyers yet they do nothing to try and change that. That could only mean they are control freak investors as well.

  29. If the U.S. dollar were to collapse, the entire world would be in total turmoil because that would mean we are no longer a Constitutional Republic. The entire world would be up for grabs because the U.S. would up for grabs. That is what living under a fraudulently induced electronic dictatorship means.

    The U.S. dollar has all the value the U.S. Treasury Department wants to give to it. It is the investors in their own fraud who are devaluing it be many methods of debauchery. Such as secretly recollecting money and/or property as a tax they were never owed because they never pay the U.S. Treasury back in the first place. They keep re-robbing Peter to repay Peter. That is the real problem. The Healthcare Act was also put in place to tax us at 100% of our income. Why would any American who fully funds the entire Healthcare establishment in the first place, want to re-purchase a
    “health insurance policy” that would
    permanently entrap and enslave them to an electronic dictatorship? That is simply tyrannical.

  30. Regarding this electronic war on us. I heard a judge tell an attorney for the Defendant in court that electronic discovery is “perfectly acceptable.”

    That is quite deceptive and illegal by its intent to deceive because there are no written legal assignments as the law requires. Moreover, it is pernicious for the court to accept anything into evidence after the fact was raised by the Defendants in their Original Answer, there is no legal assignment.

  31. @ Neidermeyer ….. I do see the intent was to collapse the U.S. economy, end the paper currency, and usher in the electronic currency. The microchip is written in as part of the “medical device registry” in the “Healthcare Act.” These investor crooks obviously are trying to permanently install a totalitarian “investor” dictatorship. This is was all well planned by the
    “investors” and why they were investing in their own mortgage note
    counterfeiting. They want to fraudulently induce the American people into a microchipped nation of renters under the very complicated and highly controversial Healthcare
    Act. These investors want everyone paying for everything through the microchip by electronic means so that we have no freedoms and no legal rights. They are trying to replace our Constitution with the Healthcare Act.

    If you are forced to pay by electronic means, than technically you don’t own
    anything because electronic currency has no real value. Electronic currency is a false paradigm that is very deceptive by the way it secretly controls your life.

    It is warned about in the Book of Revelations. There have been many prophecies about the horrors that would come out of this as well. You can see it coming if you are in any hospital ER by how they swipe the “wrist band” to collect data and retrieve information about you. I see it as Nazism and moreover, it is the devils work.

    The Fatima prophecy warned about Russia and how it would spread its errs of communism all over the world.

    Their FSB that has replaced the KGB has many branches and tranches that they are using to infiltrate the U.S. Government.

    This war on us is being waged by electronic means.

  32. I for one had asked for the Trust Agreement a long time ago (from the sellers estate). Why would I need it from the sellers estate? I also want that unfiled W.D. I was “Hoodwinked” into signing at closing.

  33. The servicers have no custodial duties under the prospectus. They do not have any legal power to bring a FC or any legal right to offer a loan mod or give anyone a loan mod. They cannot act as Trustee for a Trust Agreement that never existed.

  34. Neidermeyer- correct regarding Wilbur Ross. Also, he changed the name of his companie(s) a number of times. To further obfuscate the chain of title, ownership, creditor or whatever. Disgusting.

  35. @ Ivent ,

    You are 100% correct .. and my Wilbur Ross story connects ,, he was a fraudulent buyer of dead/extinguished notes who acted as a servicer for the last 6 years ,, forcing as many of his new “clients” into foreclosure as possible to collect the big paycheck… he bailed last year with his sale of the dead note portfolio to OCWEN who is continuing the fraud… Wilbur is just trying to put some distance between himself and the stench.

    I agree with your “inducement fail” aspect of the mess and it’s pervasiveness… however I don’t see a total victory unless the USDollar collapses … what I see is innumerable private actions each winning a small piece… The courts (meaning their masters at the FED) will never see the truth as it doesn’t benefit them.

  36. Take a bite of the big apple, “mortgage servicing fraud” by way of fraudulently induced mortgage servicing “lease contracts.” Don’t mind the maggots, are the “mortgage servicers.”

  37. There was fraud in the sale of every single U.S. taxpayer funded, U.S. Government, “mortgage backed security.” Because this Securities Fraud was committed by the U.S. taxpayer funded, Federally insured GSE’s, every single mortgage in this country is a nullity, null and void. Meaning, of no legal force or effect. The reason being is, those “MOM
    loans” never happened.

    The reason being is as follows: The Original “Mortgage backed Securities
    Contracts” were never legally
    executed. Therefore, the “mortgage backed” part is missing.

    As a result, there is Fraud in the Factum of every single U.S. Government issued “securities contract.” The GSE’s were actually overissuing
    investments in and multiple pledging investments in their own
    illegitimate mortgage servicing
    contracts. We The People were in fact “hoodwinked” at the “closing table.” We were sold a bad bill of goods by
    the “GSE’s” as proven by the “missing notes” aka the missing “bills of sale”
    aka, the missing “bills of lading,” which is
    the missing legal assignments/mortgage notes.

    We The People were hoodwinked into investing in the repurchasing of the
    GSE’s own faulty, fraudulently induced “sales contracts,” that were in fact, illegitimate
    investments in their own fraudulently
    induced “mortgage lease contracts.”

    That fraudlent act was intended to
    turn us into a “nation of renters” without our ever knowing it.

    Because of the “Origination Fraud” committed by the Issuer of that original fraudulently induced “mortgage lease contract” vis a vis the “GSE’s,” there is fraud in
    the essence and in the sale of every single U.S. Government, federally insured, “MBS.”

    MBS fraud was created to cover up for massive bank fraud, Fraud in the the
    Issuance of Credit by J.P. Morgan Chase” Board of Directors.

  38. By and large, We The People are being severely oppressed by the investors in their own international mortgage note counterfeiting scam.

    As a direct result, the U.S. taxpayers, who foot the bill for everything these criminals have done, are living in a fraudulently induced investor tyranny.

    The entire “big idea” of committing banking malfeasance done by investing in your own Mortgage Note Fraud &
    Counterfeiting, aka ” Mortgage Note Derivatives Investing” was created,
    and designed for the “Board of Directors” at J.P. Morgan Chase, by their “Chief Investment Officer,” Blythe Masters. The entire Board of Directors
    from the Clinton era up to today, should be
    Federally indicted just like with Enron.

    Mortgage Note counterfeiting is a serious crime that involves multiple
    felonies. Because these crimes involved international securities that
    were U.S. Government backed, meaning U.S. Taxpayer funded, the Federal Authorities should shut J.P. Morgan Chases entire Investment
    Banking Division down pending
    Federal indictments on Federal Racketeering charges involving their
    Board of Directors who were and still are to this very day, committing Fraud
    in the Issuance and Fraud in the Sale of U.S. Government backed Securities.

    The ongoing cover up for all of the Securities Fraud is virulent
    throughout our entire system. That fraudulent concealment, has lead to Fraud in the Procurement of
    every single mortgage in this country.

  39. Its true, nothing is what it seems, these past five years have demonstrated beyond doubt to me, also we are most definitely not doomed. Just when i think i cant fight anymore, something happens which gives inspiration, it triggers something inate, and im strong again, for example. Consider cancer patients their motto is
    ” the hell i cant” thats how we all should look at the challenges we face. Thats what i hope for.

  40. “Hoping” for the best is not enough. Visualizing the “best” as we believe in it and looking for the evidence that it is unraveling is what gives people strength. That’s why complaining ad nauseam that all judges, all attorneys, all politicians, all governments are sold, bought and paid for is counterproductive. It saps hope and energy.

    Personally, i believe that the answer is in going back to gold backed currency. So, of course, I will keep on flashing my light onto the countries that are moving in that direction. Which leaves a question unanswered… where did all the fines paid by banks for their endless fraud go? Could it be that, behind the scene, the Feds are actually using that money to re-buy the gold they sold for 50 years? Don’t know. Doesn’t hurt theorizing it. Would make me think that we are not doomed.

  41. I do agree on the” vacuum ” thing though
    The wheel will turn as it always has – how we react is where our power lies. We shall just have to hope for the best.

  42. Yes yes that’s ” currant”

  43. Just trying to lighten things up around here
    Please ” the daily current”

  44. “Post this – well none of things are off topic it’s all connected”

    Nothing happens in a vacuum.

  45. Do in keeping off topic may as well
    Post this – well none of things are off topic it’s all connected
    http://dailycurrant.com/2014/11/17/north-dakota-names-landfill-after-obama/

  46. So far, that guy has been right and he (finally) comes up to talking about MINT (Mexico-Indonesia-Nigeria-Turkey), although apparently still not aware of VISTA (Viet-nam, Indonesia, So. Africa, Turkey, Argentina), both trading partner blocks outside of the petrodollar whose existence I have talked about for 3 years. It’s all part of the de-dollarization of the world and it is progressing.

    As i have kept on saying over and over, if people truly believe that FC is the worst thing that can happen to them, they are seriously delusional…

  47. But nothing these heavyweights do is what it at first seems.

  48. Guess the dude likes Cyprus 😁

  49. Wilbur Ross Steps Down From Ocwen’s Board, other public companies
    Posted on November 29, 2014 | 1 Comment

    On November 20, 2014, Wilbur L. Ross, Jr. notified the Board of Directors (the “Board”) of Ocwen Financial Corporation (the “Company”) of his decision to resign as a director on the Board effective immediately as a result of his election as Vice Chairman of Bank of Cyprus and the requirements of certain European regulations which limit directorships of bank officers. Mr. Ross is simultaneously resigning from the board of directors of several other public companies. Mr. Ross’ decision to resign as a director was not due to any disagreements with the Company on any matter relating to the Company’s operations, policies or practices.

    Originally on “Justice League Task Force”

  50. And because Black Friday was such a disaster, many shaky department stores have pushed it all the way to Black Saturday. The thing is… when people have no money and no credit left, stores can remain open 24/7: it ain’t gonna make one iota of difference for the economy!

  51. SC,

    I noticed that phrase yesterday and meant to emphasize it as you did. Why? Because, indeed, it is how people win. With business cards, dates of conversation, subject discussed, commitments made and breached, etc. That is exactly why, in round two of my case, I intend to go all the way to trial: I have all those docs, including 3 former employees who were let go, remember me very well and have declared their willingness to tell all.

    Think about this: every single time an employee signs into anyone’s financial e-file, he/she must enter his/her employee sign on, for security purpose. It is true for banks, mortgage servicers, insurance Co., and any financial institution (including the IRS). Alleging specific facts, involving specific employees, at specific dates, is essential: unless they provide the print-out of all employees’ activities proving the allegation wrong, M.S. can’t win that one. It gets even better when people, during discovery, demand the recordings of all “This call may be monitored for security purposes”. That’s when M.S. put up their biggest fight. Because whether they want it or not, employers are legally responsible for their employees’s actions. And that opens the door to all kinds of negligence wrongful actions: wrongful and negligent hiring, wrongful training, wrongful supervision, wrongful… you name it! And… breach of contract, since employees are acting on behalf of their employer. Whatever they say is binding to the financial institution.

  52. UKG, from the article you posted,

    RE; Abraham Morrow told Lee Newspapers that he kept all the written documents he received from Bank of America and notes of every conversation he had with bank employees, including their employee numbers

    I DID THE EXACT SAME THING, I HAVE THE TIMES, DATES, EMPOLYEE NAMES AND ID #S. I KEPT EVERYTHING FROM CLOSING AND EVERYTHING THEY SENT IN WRITING AND I TAKE GOOD NOTES.

    That is how you win a case!

  53. MERGERS & ACQUISITIONSINVESTMENT BANKINGPRIVATE EQUITYHEDGE FUNDSI.P.O./OFFERINGSVENTURE CAPITALLEGAL/REGULATORY
    U.S.-Backed Mortgages Put to Test in an Innovative Lawsuit
    By PETER EAVIS NOVEMBER 27, 2014 8:11 PM

    “The lawsuit is being brought by Advocates for Basic Legal Equality, a legal aid group. In a twist, the group is suing U.S. Bank in federal court in Ohio on behalf of the United States government, using the False Claims Act. This legislation, which dates to the Civil War, allows private citizens and groups to pursue legal action against companies and other entities for receiving payments from the government on false grounds.”

    http://dealbook.nytimes.com/2014/11/27/u-s-backed-mortgages-put-to-test-in-a-lawsuit/?mabReward=RI%3A13&action=click&pgtype=Homepage&region=CColumn&module=Recommendation&src=rechp&WT.nav=RecEngine&_r=2

  54. So far, the US have been successful in one thing only: export its decadence, just as Rome had done before, right before its collapse. The banks corruption, militarization of its police, war mongering mentality and insane materialism and fiat money being shunned by one country after another. I’m don’t have to say anything: they proudly film themselves acting like brain dead savages and post it on youtube for the world to see. Just for that infamous “15-minute of fame”.

    http://www.zerohedge.com/news/2014-11-28/%E2%80%9C-unstoppable-zombie-holiday%E2%80%9D-%E2%80%93-humanity-shudders-america-exports-black-friday-world

  55. “….senior manager at the Bank of Scotland/Saracen Fund Managers, FELL OFF A CLIFF”….

    I’m thinking he watched the video I’ve posted time and again…..

  56. Being a banker is a dangerous proposition. Updated list of those unfortunate and untimely demises. R.I.P.

    1. Nov – Shawn Miller, 42, banker found dead in bathtub with throat slashed.
    2. Oct – Edmund Reilly, 47, a trader at Midtown’s Vertical Group, threw himself in front of a speeding Long Island Rail Road commuter train.
    3. July – Julian Knott, 45, JPMorgan Executive Director,Global Tier 3 Network Operations, SELF-INFLICTED GUNSHOT WOUND
    4. June – Richard Gravino, 49, Application Team Lead, JP Morgan, SUDDEN DEATH cause unknown/pending
    5. June – James McDonald – President & CEO of Rockefeller & Co – apparently self-inflicted, GUNSHOT WOUND
    6. May – Thomas Schenkman, 42, Managing Director of Global Infrastructure, JP Morgan, SUDDEN DEATH, cause unknown/pending
    7. May – Naseem Mubeen – Assistant Vice President ZBTL Bank, Islamabad, SUICIDE jumped
    8. May – Daniel Leaf – senior manager at the Bank of Scotland/Saracen Fund Managers, FELL OFF A CLIFF
    9. May – Nigel Sharvin – Senior Relationship Manager Ulster Bank manage portfolio of distressed businesses, ACCIDENTAL DROWNING
    10. April – Lydia (no surname given) 52, France’s Bred-Banque-Populaire, SUICIDE jumped
    11. April – Li Jianhua, 49, Non-bank Financial Institutions Supervision Department of the regulator, HEART ATTACK
    12. April – Benedict Philippens, Director/Manager Bank Ans-Saint-Nicolas, SHOT
    13. April – Tanji Dewberry – Assistant Vice President, Credit Suisse, HOUSE FIRE
    14. April – Amir Kess, co-founder and managing director Markstone Capital Group private equity fund, CYCLIST HIT BY CAR
    15. April – Juergen Frick, Bank Frick & Co. AG, SHOT
    16. April – Jan Peter Schmittmann – former CEO of Dutch Bank ABN Amro, (Possibly suicide, SHOT)
    17. April – Andrew Jarzyk – Assistant Vice President, Commercial Banking at PNC Financial Services Group, MISSING/DEAD
    18. March – Mohamed Hamwi – System Analyst at Trepp, a financial data and analytics firm, SHOT
    19. March – Joseph Giampapa – JP Morgan lawyer, CYCLIST HIT BY MINIVAN
    20. March – Kenneth Bellandro, former JP Morgan, SUICIDE jumped
    21. Feb = John Ruiz – Morgan Stanley Municipal Debt Analyst, died suddenly, NO CAUSE GIVEN
    22. Feb – Jason Alan Salais, 34, Information Technology specialist at JPMorgan, FOUND DEAD outside a Walgreens pharmacy
    23. Feb – Autumn Radtke, CEO of First Meta, a cyber-currency exchange firm, SUICIDE
    24. Feb – James Stuart Jr, Former National Bank of Commerce CEO, FOUND DEAD
    25. Feb – Edmund (Eddie) Reilly, trader at Midtown’s Vertical Group, SUICIDE
    26. Feb – Li Junjie, JP Morgan, SUICIDE
    27. Feb – Ryan Henry Crane, SUDDEN DEATH cause unknown
    28. Feb – Richard Talley, UNKNOWN CAUSE
    29. Jan – Gabriel Magee, SUICIDE
    30. Jan – William ‘Bill’ Broeksmit, HUNG/POSSIBLE SUICIDE
    31. Jan – Mike Dueker, SUDDEN DEATH cause unknown
    32. Jan – Carl Slym, SUICIDE
    33. Jan – Tim Dickenson, SUDDEN DEATH cause unknown
    34. Dec 2013 – Robert Wilson, a retired hedge fund founder, apparent SUICIDE leaped to his death from his 16th floor residence
    35. Dec 2013 – Joseph . Ambrosio, age 34, Financial Analyst for J.P. Morgan, died suddenly from Acute Respiratory Syndrome
    36. Dec 2013 – Benjamin Idim, CAR ACCIDENT
    37. Dec 2013 – Susan Hewitt – Deutsche Bank, DROWNING
    38. Nov 2013 – Patrick Sheehan, CAR ACCIDENT
    39. Nov 2013 – Michael Anthony Turner, Career Banker, CAUSE UNKOWN
    40. Nov 2013 – Venera Minakhmetova Former Financial Analyst at Bank of America Merrill Lynch, CYCLIST HIT
    41. Oct 2013 – Michael Burdin, SUICIDE
    42. Oct 2013 – Ezdehar Husainat – former JP Morgan banker, killed in FREAK ACCIDENT when her SUV crushed her to death
    43. Sept 2013 – Guy Ratovondrahona -Madagascar central bank, Sudden death – cause not confirmed
    44. Aug 2013 – Pierre Wauthier, SUICIDE
    45. Aug 2013 – Moritz Erhardt, SUICIDE
    46. July 2013 Hussain Najadi CEO of merchant bank AIAK Group, SHOT
    47. July 2013 Carsten Schloter, SUICIDE
    48. July 2013 Sascha Schornstein – RBS in its commodity finance, MISSING
    49. April 2013 David William Waygood, SUICIDE
    50. Mar 2013 – David Rossi – communications director of troubled Italian bank Monte dei Paschi di Siena (MPS), SUICIDE
    51. Fang Fang – JP Morgan, China, DISGRACED
    52. Nick Bagnall – Director at Bank of Tokyo-Mitsubishi, son accidentally killed himself while trying to re-enact a Tudor hanging
    53. Robin Clark – RP Martin -Wolf of Shenfield City banker shot, SURVIVED
    54. Kevin Bespolka – Citi Capital Advisors, Dresdner Bank, Merrill Lynch and Morgan Stanley, Seriously injured and son dead
    55. Robert Wheeler, 49, a Deutsche Bank financial advisor, DISGRACED
    56. Chris Latham – Bank of America, ON TRIAL, Murder for Hire
    57. Igor Artamonov – West Siberian Bank of Sberbank, Daughter found dead (POSSIBLE SUICIDE)
    58. Hector Sants, Barclays – resigned due to stress and exhaustion, after being told he risked more serious consequences to his health if he continued to work – a remarkable turnaround as the Church reportedly approached him two months later and was told he had made a full recovery,
    59. April 21st Bruce A. Schaal, 63, died suddenly Banker in Twin Lakes for 35 years
    60. April 20th Keith Barnish 58, Died Suddenly (Still working as Senior Managing Director at Doral Financial Corporation. Previously Bear Stearns, Bank of America Senior Vice President
    61. March 12th Jeffrey Corzine, 31, son of MF Global CEO and Chairman Jon Corzine involved in major banking crime was found dead in an apparent suicide.
    62. Keiran Toman, 39, former banker who believed he was being stalked by a reality TV crew starved to death in a hotel room, an inquest heard today.
    63. An inquest was opened after his death in July 2010 but his family asked for a second hearing as they were not informed. Police found all of Mr Toman’s possessions in the room, but despite documents mentioning his family, failed to tell them he had died.
    64. Nicholas Austin, 49, A former bank manager from Hersden died after drinking antifreeze in an effort to “get high”. was found in a coma by his wife Lynn at their home in Blackthorne Road on October 5. He died the same day.
    I took special note of the last one – he died drinking antifreeze in an attempt to “get high”! Funny one that is, as if a banker would be stupid enough to try that. The list is shocking, I never saw so many suicides and car accidents. No gall bladder stones, cancer deaths, strokes, or simply falling ill, it is just a littany of action. That pretty much says it all.

  57. Happy Thanksgiving to you to Christine. It must have been something in the pumpkin pies I baked all day. Or a Hot Flash, who knows. … UKG, same case senario in illinois. It seems to be the preferred weapon of choice for families who suffered a hardship. But it doesn’t clear the clouds/slander from title, .

  58. Jamie Dimon’s Daughter Is Asking You For A Favor

  59. This sounds like my case.
    And you’re wrong on the district courts keeping BK judges in check. At least, not in my state…..

  60. Oh boy… I’m going to make more enemies… Is there some kind of a contest going on on this blog?🙂

  61. When a trust ceast to exist. The assets revert back to the settlors/depositors estate and is a taxable event to the estate .. NO TRUSTs!

  62. Selling is a taxable event without replacement of asset of equal or greater value (1031 exchange). A taxable event waived via trust trickery. Trust Fail or closed due to fraud, or death of the settlors is a taxable event upon the estate.

  63. The Note, The Mortgage, and The Mortgage Note. Double funding. How did KC become a debtor? And a creditor?

  64. …………..
    Jokes on me as a non borrower who must defend title because I transferred, conveyed and warranted and deposited something into trust that I didn’t have title to or a right to sell.

    But wait? Where did my money go to something I sold but didn’t have to sell?

    Did I loan it to someone?
    Did I Make a charitable donation?

    I sure didn’t keep it for myself because I was ignorant and didn’t know that I… Never Mind!

    Pissed Me Off!
    Irrevocable Life Estate

    Want to come out and Play with Me?

  65. “Purchase AND Sale Agreement”

  66. — payment can be made in full after the borrower dies (croaks)

    TIC – TIE – ROS

    Play by the Rules!
    Attack the Contract!

  67. Loan Product Theft …. for the Rest!

    Reverse Engineered.

    Buttwipes!!!

  68. 1) Now OneWest, which is based in California with a small office in Dallas, is attempting to foreclose on Lewis’ home after she accidentally allowed her insurance to lapse, a violation of the loan agreement.

    2) The CFPB estimated that nearly 10 percent of elderly(ALL) borrowers find themselves at risk of losing their homes, either from unpaid taxes or lapses in insurance coverage, after taking out a reverse mortgage. It added that such cases are increasing.

    HMMMM

    OneWest Bank declined repeated requests for an interview, or a statement. Instead, a company representative told the I-Team it was abiding by all the rules, set by the government, in dealing with Lewis

  69. Government Loans>>>>>

    NORTH TEXAS (CBS 11 NEWS) – Myrtle Lewis is 103-years-old …living in the warmth of her North Texas home and bracing for a fight.

    “I’d just fight everything within reach, I’d be so upset,” Lewis told CBS 11’s I-Team, as she sat in her living room, taking time away from a favorite pastime – watching old westerns on TV.

    Granddaughter Akelia Hurd and the rest of the family are also mad. “Honestly, it’s so evil … real evil,” said Hurd, 31. “Leave my grandmom alone, just leave her alone,” she said.

    Their anger is directed at OneWest Bank, which holds the note on a reverse mortgage loan issued to Lewis in 2003. She was 92 at the time.

    Now OneWest, which is based in California with a small office in Dallas, is attempting to foreclose on Lewis’ home after she accidentally allowed her insurance to lapse, a violation of the loan agreement.

    Nothing changed even after Lewis realized the mistake and reinstated the insurance.

    North Texan Myrtle Lewis is 103-years-old and fighting to keep her home. (credit: CBSDFW.COM)
    North Texan Myrtle Lewis is 103-years-old and fighting to keep her home. (credit: CBSDFW.COM)

    Just the thought of being forced out of her house gets this centenarian riled up. She made that very clear during her interview with the I-Team.

    “I don’t know why you’d ask me a question like that because you know it would break my heart,” Mrytle snapped.

    Government-backed reverse mortgages were designed to make life more comfortable for senior citizens, allowing them to take out a loan – using the equity they’ve built up in their homes – without having to pay it back in monthly installments.

    Instead, payment can be made in full after the borrower dies, often by taking over the home left in the borrower’s estate.

    But there are downsides to reverse mortgages, according to a report issued to Congress in 2012.

    And Lewis’ court appointed attorney, Jason Smith of Fort Worth, said financial institutions factor in a senior citizen’s remaining life expectancy to determine when they will get a return on their investment.

    “Reverse mortgages are a bet by the mortgage company that they’re going to make money …and someone’s going to die early,” Smith told the I-Team, adding, “In this case, Myrtle Lewis won the bet, and the mortgage company wants to welch.”

    The government’s Consumer Financial Protection Bureau reported to Congress in 2012 that reverse mortgages can be “complex” and “difficult for consumers to understand.” It also said “industry practices,” including “misleading advertising,” can “create risks for consumers.”

    The CFPB estimated that nearly 10 percent of elderly borrowers find themselves at risk of losing their homes, either from unpaid taxes or lapses in insurance coverage, after taking out a reverse mortgage. It added that such cases are increasing.

    “I’m not going to let that happen,” Hurd said, looking over at her grandmother. “We’re going to fight this and do what we have to do …it’s not right,” she said.

    OneWest Bank declined repeated requests for an interview, or a statement. Instead, a company representative told the I-Team it was abiding by all the rules, set by the government, in dealing with Lewis.

    But the long-retired child care provider says she has no plans of leaving her house – or this earth – anytime soon.

    “I kind of think the man above is on my side,” she said, with a chuckle.

    http://dfw.cbslocal.com/2014/11/21/103-year-old-north-texas-woman-fights-to-keep-her-house/

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