Wisconsin BKR Judge Orders Wells Fargo to Disgorge Payments It Received

For further information please call 954-495-9867 or 520-405-1688

==========================

Hat tip to anonymous

The full case was 25 pages, I redacted to about 4 below, but very substantial topics and analysis on this similar to Rivera in full version.
– A win on recovery of mortgage payments made to Wells, $73,000.
– Loss on recovery of attorneys fee’s to Debtor, BUT, court stated these would be proper if circumstances met criteria, just not here, and
Very interesting analysis on return of note, which backs up your prior analysis; Note will not be returned to Debtor, as even though note is not enforceable by Wells or its servicers, real party in interest may show up at some point. Debtor also did not point to any prior case law that would require return of note.

I question whether the bankruptcy judge had the required jurisdiction to enter this order in all respects. But the analysis he presents is pretty much on target and once again Wells Fargo is shown to be making false statements and representations in court with virtual immunity even in this case.

Decision dated 10/21/14
http://stopforeclosurefraud.com/wp-content/uploads/2014/12/2014-10-21-In-Re-Thompson-.pdf

UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF WISCONSIN

In re Chapter 13 Dennis E. Thompson and Pamela A. Thompson, Case No. 05-28262-svk Debtors.

MEMORANDUM DECISION ON DEBTORS’ MOTIONS FOR CERTAIN RELIEF AGAINST WELLS FARGO

Since this case’s inception in 2005, it has been fraught with litigation, failed mediations, discovery disputes, accusations of attorney misconduct and otherwise tumultuous actions. In 2013, these proceedings eventually culminated in this Court’s disallowance of the proof of claim filed on behalf of Wells Fargo Bank after it was established that Wells Fargo was not the holder of the mortgage note underlying the claim. As a result, the pro se debtors filed a flurry of motions to effectuate the claim disallowance decision. This memorandum decision will hopefully end the litigation concerning the mortgage note, at least in the bankruptcy court………………

……..“On January 12, 2006, the Court confirmed the Debtors’ Chapter 13 plan. Under the plan, the Debtors proposed to make direct current mortgage payments and cure their pre-petition mortgage arrearage via payments to the trustee. On June 27, 2011, the Debtors filed a motion to enter into the Court’s mortgage modification mediation program with Litton. (Docket No. 142.) In preparation for the mortgage mediation, the Debtors hired an attorney and conducted a title search on their property. (Hearing Recording, Docket No. 164, at 10:53:15.) The title search revealed that Wells Fargo did not hold the title to their mortgage. (Id.) Mediation attempts with both Litton and Ocwen Loan Servicing, LLC4 (“Ocwen”), the current servicer for Wells Fargo, failed. (Docket No. 168; Docket No. 213.) On March 19, 2012, the Debtors filed a motion that the Court construed as an objection to the Claim. (Docket No. 159.) On April 2, 2012, Ocwen responded to the objection. After several preliminary hearings, discovery disputes, and a final evidentiary hearing, the Court entered an order disallowing the Claim. (Docket No. 217, 5.) The Court determined that neither Wells Fargo nor its servicers had standing to file a claim in the Debtors’ bankruptcy case. (Id.) Wells Fargo appealed. U.S. District Judge J.P. Stadtmueller affirmed the Court’s decision to disallow Wells Fargo’s Claim, holding:

“[E]ven if each version of the note self-authenticates under FRE 902(9), without testimony or other evidence from Ocwen to “‘connect the dots’” between the disputed allonge and the note, the evidentiary record contained only equally probable “authentic” versions of the note countervailing one another. Against that evidentiary backdrop, the bankruptcy court committed no error in finding insufficient evidence to confer standing on Ocwen to prosecute the disputed proof of claim.

Ocwen Loan Servicing, LLC v. Thompson, No. 13-CV-487, 2014 U.S. Dist. LEXIS 2109, at *14- 15 (E.D. Wis. Jan. 7, 2014).

Prior to the district court decision, the Debtors filed motions for reimbursement of mortgage payments (Docket No. 222) and attorneys’ fees. (Docket No. 223.) The Court entered an order determining that no action would be taken on the Debtors’ motions until after the district court entered a final order in the appeal. (Docket No. 225.) After the district court decision, the Debtors filed a motion to require the return of the original note to them. (Docket No. 239.) The Court set a briefing schedule. The parties have filed briefs. The motions are now ripe for decision.

 

ANALYSIS

Reimbursement of Mortgage Payments made on Disallowed Claim

Based on the disallowance of the Claim, the Debtors request a refund of all mortgage payments and trustee payments made to Litton and Ocwen since their bankruptcy case was filed in 2005. (Docket No. 222, 1.) Arguing that they “have every legal right to believe that they were or should have been paying the proper party,” (Id.), the Debtors calculate that a total of $146,972.45 should be reimbursed to them. (Docket No. 257, 4.) This amount includes $21,587.64 for “lost mortgage payments,” $106,167.91 for mortgage payments made outside the plan from July 2005 to December 2011, $11,716.90 for disbursements made by the Chapter 13 trustee on the disallowed Claim, and $7,500.00 for “return of sanction.”5 (Id.)

Wells Fargo raises only two objections to the Debtors’ motion for a refund of mortgage payments. First, Wells Fargo contends that the Court previously denied this motion at the March 14, 2013 hearing on the Debtors’ objection to Wells Fargo’s Claim……………….”

Second, Wells Fargo argues that the Court must balance the equities under the circumstances.6 Wells Fargo notes that Ocwen and Litton both expended funds during the course of the bankruptcy to prevent the Debtors’ property from going into tax foreclosureWells Fargo also argues that the Court’s decision disallowing the Claim did not alter the fact that the “Debtors borrowed money on April 14, 2000, and have yet to repay their debt,” and “[u]nder the circumstances, it would be inequitable to require Ocwen to take yet another loss on this account.” (Id. at 5-6.)

“The Court rejects Wells Fargo’s attempt to characterize the Court’s comments at the March 13, 2013 hearing as a definitive ruling on whether Wells Fargo should have to refund the payments it received from the Debtors during the bankruptcy case…………..

Wells Fargo’s second argument requests that the Court balance the equities under the circumstances. Wells Fargo cites one case to support its position, which notes that “[c]ourts exercising equitable powers must behave akin to doctors operating under the Hippocratic Oath: first, do no harm. We must do equity to all parties and not just the party seeking equitable assistance . . .” Briarwood Club, LLC v. Vespera, LLC, 2013 WI App 119, ¶ 1, 351 Wis. 2d 62, 839 N.W.2d 124. Wells Fargo suggests that if the Court grants the Debtors’ request, the Debtors will gain a free house. It notes that the Debtors borrowed money that they have not fully repaid, and as long as they are not required to repay it twice, the Debtors are obligated under the mortgage note. (Docket No. 246, 6.) Wells Fargo explains that while it may not have legal enforcement power under Wisconsin law, it does still hold physical possession of the note. (Id.)

And, according to Wells Fargo, since there have not been any competing claims for repayment on the loan, it would be inequitable for the Court to require Wells Fargo to take another loss on this delinquent account. (Id. at 7.)

A similar argument was made and rejected in Thomas v. Urban P’ship Bank, Residential Credit Solutions, Inc., 2013 U.S. Dist. LEXIS 59818 (N.D. Ill. April 26, 2013). In that case, Barbara Thomas filed suit against Urban Partnership Bank, alleging that Urban sought payments on a mortgage loan that it did not own. The central issue involved whether Thomas’s mortgage loan was included in an asset purchase agreement executed between Urban and Thomas’s original lender, ShoreBank. Urban moved to dismiss the complaint, arguing among other theories that there were no competing claims for payment on the note. But Thomas’s unjust enrichment claim survived the motion to dismiss. According to the district court:

Thomas clearly alleges that she owes someone money under the mortgage loan and that that someone is not Urban, and so it is irrelevant that no one else is currently making claims to her mortgage payments. If Thomas is correct that she owes money to someone other than Urban, then by paying Urban she has lost money without reducing the debt she owes to the loan’s true owner. . . . That amounts to the enrichment of Urban to Thomas’s detriment, since Thomas has lost and Urban has gained money for nothing . . . If, as Thomas adequately alleges, Urban had no right under the mortgage loan to the payments it received and Thomas made the payments on the mistaken premise that Urban was the loan’s owner, then fundamental principles of justice, equity, and good conscience require that Urban disgorge the payments . . . .

Id. at *27-29 (internal citations and quotations omitted).8

The district court in Thomas relied on Bank of Naperville v. Catalano, 86 Ill. App. 3d 1005, 408 N.E.2d 441, 444, 42 Ill. Dec. 63 (Ill. App. 1980), in which the court held,

“As a general rule, where money is paid under a mistake of fact, and payment would not have been made had the facts been known to the payor, such money may be recovered.”

The court also cited the Restatement (Third) of Restitution and Unjust Enrichment § 6 (2011) “Payment of Money Not Due” to the effect that payment by mistake gives the payor a claim in restitution against the recipient to the extent payment was not due, and a payor’s mistake as to liability may be a mistake about the identity of the creditor. The Restatement discusses two examples of payment by mistake that may be applicable here: mistake as to payee and mistake as to liability.9 Under mistake as to payee, the Restatement notes that “[a] mistaken payor has a claim in restitution when money is mistakenly transferred to someone other than the intended recipient.”…………..

Under mistake as to liability, the Restatement states that “[a] payor’s mistake as to liability may be a mistake about the identity of the creditor. In such a case, the payor believes that an obligation runs to the payee when in fact the obligation is to someone else.” The latter example applies here.10 The Debtors mistakenly believed that Wells Fargo was entitled to enforce the mortgage note. Wells Fargo’s servicers filed proofs of claim in the bankruptcy case, and they directed the Debtors to send their mortgage payments to Wells Fargo, in care of the servicers. The servicers accepted the Debtors’ mortgage payments on behalf of Wells Fargo, when in fact, Wells Fargo did not validly hold the mortgage note, and Wells Fargo was not entitled to the payments.

Although Wells Fargo has responded to the Debtors’ request for a refund with a plea for equity,11 in fact, the equities here favor the Debtors.

“A claim for unjust enrichment is based on the “universally recognized moral principle that one who received a benefit has the duty to make restitution when to retain such a benefit would be unjust.” Puttkammer v. Minth, 83 Wis. 2d at 689 (quoting Fullerton Lumber Co. v. Korth, 37 Wis. 2d 531, 536 (Wis. 1968))…..

 However, it is not enough to merely establish that a benefit was conferred and retained; the retention must also be inequitable. Id. This Court previously determined that Wells Fargo is not the holder of the Debtors’ mortgage note with legal authority to enforce it; that determination was affirmed on appeal. Without authority to enforce the note, Wells Fargo is not entitled to receive payments under the note. Only the party with a legally enforceable right to enforce the note is entitled to retain the benefit of the Debtors’ mortgage payments. Nevertheless, Wells Fargo, through its servicers, received voluntary payments from the Debtors and payments from the Trustee since the commencement of this bankruptcy case, subjecting the Debtors to the possibility of having to pay twice if the true owner of the note appears. Since Wells Fargo and its servicers have no legal right to the Debtors’ mortgage payments, retention of the Debtors’ mortgage payments would be inequitable.

 

Adding all of the entries for “payment” shows that the Debtors paid $97,979.68 from February 2006 to July 2011. (Docket No. 211, Ex. 11).12 Additionally, Wells Fargo should credit the Debtors with $7,500 for the sanctions awarded in the prior claim objection proceeding. (See Docket No. 103, at 10), for a total of $105,479.68. Wells Fargo points out that it made real estate tax payments on the Debtors’ behalf that should be deducted from any refund claim. The Court agrees. After subtracting $32,438.19 for the tax payments made on the Debtors’ behalf, the Debtors’ total claim for unjust enrichment is $73,041.49. Under the circumstances, Wells Fargo should be required to return this amount to the Debtors to avoid being unjustly enriched………….

Attorney Fee’s

“The Debtors also filed a motion for attorneys’ fees, arguing that Wells Fargo should pay approximately $12,500 in fees and costs the Debtors expended in connection with the failed mediations with Litton and Ocwen. According to the Debtors, “[u]nnecessary protracted negotiations have been ongoing since 2010. Starting with Litton Loan and ending with Ocwen. The plaintiff has misrepresented their standing, despite the efforts of the debtors to discuss this matter in the mediation process.” (Docket No. 223 at 1-2.) The Debtors also request punitive damages under 28 U.S.C. § 1927 for “vexatious litigation conduct” by Litton and Ocwen. (Id. At 2.) They note that Litton failed to attend several scheduled mediation sessions, and when Ocwen reinitiated mediation proceedings in 2012, there was a “delay to the debtors of 6 hours in the first and only scheduled mediation, with the debtors believing that progress was being established.”……………………… Although the Debtors have the right to be disappointed that the mediation did not succeed despite the attorneys’ fees that the Debtors expended, Wells Fargo’s attorneys acted under the impression that their client had proper standing. The Court finds that Wells Fargo’s attorneys did not unreasonably and vexatiously multiply the proceedings by their conduct in this case, and the Debtors’ request for attorneys’ fees is denied.

Request for Return of Note

The Debtors’ final motion asks the Court to order Wells Fargo to turn over the original mortgage note to them. Despite the Court’s ruling that Wells Fargo cannot enforce the note, the Debtors are concerned that Wells Fargo will somehow sell, transfer or trade the note, subjecting the Debtors to further litigation, emotional distress and financial hardship. Wells Fargo responds by attempting to discern the legal theories under which the Debtors are attempting to proceed, and then casting aspersions on those theories. The Court generally agrees with Wells Fargo that the Debtors could not succeed on a replevin claim or turnover action based on the note as property of the bankruptcy estate. However, the theory that the surrender of the original note consequently follows from the disallowance of Wells Fargo’s Claim warrants further analysis. The Court also takes this opportunity to clarify that, while not “undoing” any part of the Foreclosure Court’s judgment, Wells Fargo’s ability to enforce that judgment was never finally determined by the Foreclosure Court, and the disallowance of Wells Fargo’s Claim on standing grounds strongly suggests that Wells Fargo has no such ability………………..

Neither the Debtors nor Wells Fargo cited any case law supporting their position on whether the note should be returned to the Debtors after disallowance of the Claim, and the Court’s independent research uncovered no case directly on point…………………..Here, while the validity of the note and mortgage in favor of Provident was actually litigated and determined in the Foreclosure Case, Wells Fargo’s substitution as the plaintiff was summarily ordered without notice to the Debtors or any hearing on the issue. The Debtors were not afforded a reasonable opportunity to obtain review of the substitution order before the automatic stay intervened. That the party sought to be precluded had a reasonable opportunity to obtain review of the prior court’s order is a basic premise of the fundamental fairness prong of the issue preclusion analysis. Id. This Court previously denied Wells Fargo’s attempt to establish its standing to file the Claim based on the judgment and order of substitution in the Foreclosure Case. For the same reasons, issue preclusion does not act to bar the Debtors’ claim for return of the note……………..

“The court agreed with other courts that simply because a creditor lacks standing to enforce a note, the debtor is not discharged of her obligations under the note. Id. This Court has concluded (and the district court on appeal agreed) that Wells Fargo is neither the holder of the note nor a nonholder in possession of the instrument with the rights to enforce it. (Docket No. 233, 11.) Therefore, Wells Fargo (and its affiliates, servicers, successors and assigns) cannot enforce the note, but that fact does not cancel the note nor discharge the Debtors’ obligations to the true owner. In the absence of any authority for their request for turnover of the original note and analogizing to the cases requesting dismissal with prejudice, the Debtors’ motion to require Wells Fargo to surrender the original note is denied….

CONCLUSION

The Debtors’ motion for reimbursement of the payments made on Wells Fargo’s disallowed Claim is granted, subject to offset for real estate taxes paid by Wells Fargo. Within 30 days of the date of this Order, Wells Fargo must pay $73,041.49 to the Debtors and $11,716.90 to the Chapter 13 trustee. The Debtors’ motions for reimbursement of attorneys’ fees and turnover of the original note are denied. The foregoing constitutes the Court’s findings of fact and conclusions of law. The Court will enter separate orders on each motion.

Dated: October 21, 2014

39 Responses

  1. Coy because, if there were “snipers on the roof,” he would likely be one of them.

  2. Don’t worry shadowcat, I’m back.

    I had no internet service yesterday after my last comment posted, LOL.

    That is par for the course around here.

    I am really not all that interested in any links about “homework.”

    I have certainly had quite enough of that.

    My kid told me a few years back in regards to these fraudclosures, he thought we needed to hire a few snipers.

    While I hate violence, and I don’t like guns or violent weaponry of any sort, he was right, we are a nation at war.

    My soon to be ex told me one day when we were walking to court at the Daley Center, in the heart of downtown Chicago on 50 West Washington, “look there’s snipers on the roof.”

    How coy.

  3. If I did not feel this information that I uncovered was vitally important, I would not be alerting those of us American’s defending fraudclosure .

    I know that a lot of this information is tough to digest, and really hard to believe. The investigating of this global scandal by these globalists, is incredibly intense and extremely time consuming. The reason being is, you are learning how to try and defend yourself from fraudclosure, taking tons of notes, possibly journaling your thoughts, trying to apply your notes to law, typing out the responses, motions, etc., proofreading your own work yourself because no one else understands it, you are going to court
    and representing yourself, in my case, in 2 fraudclosure suits. One regarding my house, the other regarding my business property. This does not include trying to run a household, running errands, and all of lifes everyday things.

    I would give my testimony openly anywhere, at anytime. I have the facts, and the written proof that back up all of my claims, and all of my assertions that fraud closure is a scam.

    I am the living proof of all of the rest of it.

    Thank God for our First Amendment right to free speech. That is the only thing that we have left that can possibly save our Liberty.

    God Bless America, Neil Garfield, and every American citizen born here.

    .

  4. Naked Shorting, Naked Emperor, Naked Land Trusts….
    To Much Naked, QQ

    We have not heard a peep from Ivent since I posted this Homework Link.

    http://www.firstam.com/title/resources/reference-information/jack-murray-law-library/the-use-of-land-trusts-and-business-trusts-in-real-estate-transactions.html

  5. Steve,

    People who don’t know what “naked shorting” is won’t learn it from the site you posted.

    Here is a simple explanation of Naked Shorting. It is the explanation of why the financial sector has become a self-centered, self-absorbed casino, growing in a vacuum like a bottomless black hole, independently from any human reality and benefiting no one but the gambler… until the whole system collapses, in which case there will be absolutely no winner and we, as species, will be faced with utter destruction. Naked Shorting is growing make-believe money out of thin air with one ultimate goal: make money for the hell of making money.

    http://www.investopedia.com/articles/optioninvestor/09/naked-short-selling.asp

  6. STOP NAKED SHORTING CORRUPTION ON WALL STREET

    http://www.thepetitionsite.com/171/711/222/stop-naked-shorting/

  7. And still nobody knows
    Where that money goes…
    In whose pockets?
    And to pay what debts?
    To finance what new scam?
    The whole thing is a sham:
    No one committed any wrong
    Still the same old song.
    Peons remain flat broke
    What a sad, frickin’ joke!

    http://www.usatoday.com/story/money/markets/2014/12/11/finra-wallstreet-ipos-bansk-fines-/20249937/

  8. I’m so psyched, I can’t type anymore. “It will be reproduced…”

  9. Off topic, as usual, but Oh so cool!!!

    And it mill reproduced from one end of Africa to the other, from of Canada to the So. end of Chile, from China to So. Africa and, ultimately, from China to Argentina (or Chile) via the Bering Straight.

    http://www.terradaily.com/reports/First_direct_China-Spain_freight_train_arrives_in_Madrid_999.html

  10. The Advantages and Benefits of Using a Title Holding Trust or Land Trust

    The Title Holding Trust or Land Trust is a device for acquiring, holding, managing and selling real estate. It is a more desirable and advantageous ownership structure than some of the more familiar forms of real estate ownership. Title to real estate is held by the Trustee (Exeter Fiduciary Services, LLC) pursuant to a California Title Holding Trust or Florida Land Trust Agreement. However, the use and enjoyment of the property, or beneficial use, is retained by the beneficiary (owner) of the Title Holding Trust or Land Trust.

    Although the legal and equitable title to the real property is conveyed to the Trustee, the Trustee can act only upon the written authorization and direction of the beneficiary. The typical duties which the Trustee can perform upon the written authorization and direction of the beneficiary include holding title to real estate, execution and delivery of promissory notes, deeds of trust, leases, assignments of rents, and grant deeds.

    See more

    http://www.exeter1031.com/benefits_of_a_title_holding_trust.aspx

  11. I know right Just Me. Its like paying to beat yourself up, as a investor, owner and taxpayer. When all three of you are robbed at once its called wiping out an entire generation of middle class people over 50. That’s why Neils theory of each party taking one third of the losses fails.

  12. ….”Wells Fargo did not hold the title to their mortgage.”…

    ..what.IS.that! …now we have titles to mortgages…..ok..

    Nice video Christine!

    BS here. No mention, or perhaps I just missed, the EQUALITY of why WF gets to keep the tax money they “lent”, knowing they had no right to do so – not to this “borrower” because it was not the responsibility of WF as they really have no interest in the house, OR the loan?
    Ah-hem?!
    The house here, nor the loan, should be collateral for this “tax money”.

    …. Let the note float around until it finds a “true owner” so the case can come back full swing? …

    This will be a HOOT when more folks come around to realizing they are paying servicers not connected to their notes.

  13. We The People, are at war with an enemy that is not easily recognized, in a war on U.S. soil that has not been openly declared.

    These “investors” who have been allowed by traitors from within to invest in our personal security, our birth certificates, are the enemies of our freedom, our independence and therefore our Liberty. Our Liberty is our own personal peace and security.

    There isn’t any Liberty in this country anymore as a result of the aforementioned.

    I asked my sister who was in FC a while back what she thought this was all about? She texted me this [X] symbol from her phone.

    That is the symbol for command and control.

    But by whom?

    I have discovered since then”who” are the traitors from within. “Who” could quite possibly be the enemy from within your own household is “who” sold them self out to the enemy.

    The enemy is communist re-socialism. The enemy is a totalitarian control freak regime who fraudulently conceals itself from behind the Corporate logos but has infiltrated everything, including our own spouses, friends, family members, neighbors, store employees, repairmen, cops, sheriffs, attorneys, lawyers, judges, public service employees, are “investors” in this global human trafficking scam.

    When you know the truth, you need to have a strong faith. Otherwise you would not be able to cope with the truth.

    Many people of this great country sold themselves out to a totalitarian regime that is commanded and controlled by the enemies of our freedom, who are mainly, the Russians and the Chinese.

    To investigate this program is a monumental task. It is a big part of defending fraud closure pro se.

    The AIG PRISM program is a good place to start if you want to get right to the point. This plot was carried out vis a vis a global fraud reinsurance
    scam.

    That is why the Healthcare Law was put in place.

    These “investors” can’t control the U.S. population, and force their fraudulently derived debt upon you, to steal everything from you and eventually steal you, if they can’t microchip everybody. They can’t force their drugs upon everyone to seduce everyone and drag your body and soul to hell with them without forcing
    compliance with all of their fraud.

    If you think they won’t try to do it to you, they will. Maybe not today, or tomorrow but that day will come, if you don’t agree with these demons from hell.

    Gangstalking.com is another good place to investigate or you tube search gangstalking videos. There are also you tube videos by a “former KGB agent who talks about how this would all be done. They would first try and infiltrate the Vatican because they hate the Vatican Bank & the Medici bloodline who run the world. It is a Sicilian Vendetta against the Medici bloodline at its core. This is what the entire Godfather series was based upon. The last installment in the series was in book form. “The Omerta,” by Mario Puzo describes how the Sicilillian mob, working with the Russian mob use banks and banking and their attorneys to destroy the lives of their targeted victims.

    There is a lot more discovery in pro se fraudvlosure defense than meets the eye that’s for sure.

    It is basically all about mind control of the U.S. population. This is all done in a very deceptive way so that it is almost virtually undetectable.

  14. As a result of all of this felony fraud by the Issuer, our titles to our properties never left our possession. That is what they are trying to fraudulently conceal in fraud closure court.

    However, all you need to do is go to the County Recorders Office where your property is located and do a search for the Trustees Receipt. That is the Bill of Lading, aka The Assignment of Beneficial Interest that would secure your title to a debt.

    There aren’t any recorded ABI’s.

    Therefore these fraudclosure suits can only be considered an Act of War upon the citizenry of these United States.

    Moreover, all of the State run courtrooms are being used as secret war tribunals.

    You could not know possibly know that or the reason why unless you are
    an “industry insider,” or you are
    defending your titles pro se
    in fraud closure.

  15. There is a foreign insurrection going on in this country. That is why not even the most fundamental, basic statutory legal requirements are being met by the Plaintiffs from the onset of these fraud suits.

    To call it merely too much corruption downplays the seriousness of this fraudclosure scheme. These are infamous suits being brought by the enemies of our Constitutional Republic.

    You know that is true because there is no law in equity for the issuance of credit.

    That means these suits are fraudulent because these “plaintiffs” do not possess, hold and are not a holder in due course of any “Notes” because there are no torts to any of these supposed “Mortgage contracts” recorded upon the public record as the law requires. The legal lien has 2 parts that make a real estate contract that secures a debt to real property legal in these United States. First and foremost, the legal assignment must be recorded in no less than 90 days from the closing table in the county where said real estate is situated. In Illinois it must be recorded in no less 30 days from the closing table because the legal assignment must be signed at the closing table. That is the Deed of Trust Agreement in regards to a U.S. Government taxpayer funded Securities Contract that is going to cause your titles to your person, place and things to be converted into numerous stock/pledge agreements backed by U.S. Government
    bond “offerings” to be bought, sold and traded as Investments in Investment Securities in the Global
    Markets vis a vis Wall Street Investment Banks by Wall Street Investment Banksters.

    They could not secure the lien because that is in fact human trafficking. As evidenced by the fact no UCC 1 financing statements were ever filed with the Secretary of States offices nationwide. That makes all of those so called “secured investments,” “investment securities,” fraidulent. Furthermore, the “investment accounts” that held them
    or still hold them are holding fraudulent securities. These firms were racketeering with Securities Frauds and committing bank fraud. They were using U.S. taxpayer money to use for Human Trafficking on the Global markets. Therefore they were committing Fraud in the Issuing of
    Credit and no loans were made and no legal contracts were ever signed by us.

    This nation and its people are in grave danger as a result of what these Wall Street Investment Banksters did with all of our titles on Wall Street.

    None of this could have ever happened if not for the Origination Fraud committed by
    the Issuer of the Original fraudulently induced lease contract, as evidenced by the fact there are no Bills of Lading attached to these fraud suits. That entity is none other than Russian mob controlled and operated, J.P. Morgan CHASE.

  16. WHO WOULD LOOK AT MY CASE ? SHRYLBEEMER@GMAIL.COM

  17. The massive breach of the public trust that has caused a breach in our National Security is not a Republican Party agenda or a Democratic Party agenda, it is a Totalitarian Party agenda. What is called the party of one aka the Communist Party U.S.A. agenda. The Cloward-Piven plan devised by those 2 Columbia professors to turn these United States into a fascist, State run and State controlled Soviet-style re-socialist, communist Totalitarian Corporate welfare state.

    This entire regime is being dictated to
    by Nazi Lawyers who are running the U.S. Supreme Court. They tell the traitor politicians what to do at the State, County and Local levels, vis a vis their comrades sitting at the State Level of the U.S. Supreme Court.

    The peace and security of We The People no longer exists because our Liberty has been hijacked by way of fraudulent concealment of massive Securities Fraud committed by the Banksters. By Banksters I mean the investors in their own bank fraud, who are the politicians in the Congress and the Senate, who are being aided and abetted by the communist lawyers sitting in the U.S. House of Representatives. These communist control freaks are
    dangerous radical Russian nationals who have stolen the natural born legal rights of the U.S. citizenry by hijacking our Liberty with their fraudulent U.S. Government Securities by committing Fraud in the Issuance of Credit.

  18. In secret meetings, the banksters were making secret pledges under secret oaths. The secret pledges are those partial grant deeds.

    What were the Banksters pledging?

    They were pledging the legal birth rights afforded to every single U.S. citizen born here, in these United States.

    They did that by investing in the buying, selling and trading of
    fraudulently derived, fraudulently
    created, and fraudulently issued U.S. Birth Certificate Stocks and Bonds
    Stock Certificates Birth Certificate Bonds. What the Banksters were hoping to accomplish by counterfeiting mass amounts of investments in our National Security
    was a revolution in this country, the likes of which have never been seen before. That revolt would trigger a
    worldwide revolution and WW III on U.S. soil as a result.

    The reason would be because the
    Banksters not only stole all of our equity in the unlawful bailout, but, they stole our freedom snd independence. They stole our National Sovereignty by overissuing investments in our U.S.
    citizenship papers, our long form Birth Certificates. They committed International Securities Fraud with our legal, Genuine and Authentic, long form Birth Certificates on the open
    market by way of phony, fake and fraudulent Mortgage Derivatives Trading Platforms. The Banksters and their fellow comrades, used fake charts and graphs called Algorithms to fraudulently conceal what they were really doing was buying, selling and trading investments in human slavery and human bondage on an International scale. They were human trafficking and endangering the life and limb of the entire U.S. citizenry up on Wall Street. This was not only done to usurp our Constitutional Republic, by stealing the legal birth rights of every single American born here, but was done to turn every single U.S. Citizen born here
    into slaves to these sick, twisted, perverted, megalomaniac
    Corporate CEO/CIO/CFO investor
    freaks around the globe.

    They wanted the unconstitutional Healthcare Act to cover up for the massive Securities Fraud and breach of our National Security. They also want to drug the entire U.S. Population into compliance with their Tyrannical Global Corporate Investor Government.

    These were all evil plans laid by the Russians and the Chinese.

    This was all written about decades ago, in the book by Ted Flynn entitled, “The Thunder of Justice.”

    It was also written about in the book by Gary Kah entitled, “Enroute to Global Occupation.”

  19. Message to all humanity

  20. Leader Nancy Pelosi (D-Calif.) blasted out a statement Wednesday morning slamming the provision for allowing “big banks to gamble with money insured by the FDIC.” And Sen. Elizabeth Warren (D-Mass.) is calling on the House to strike the Citi-written language from the spending bill.

    “I am disgusted,” Rep. Maxine Waters (D-Calif.), the ranking Democrat on the House financial services committee, said in a statement. “Congress is risking our homes, jobs and retirement savings once again.”

    Rep. Alan Grayson (D-Fla.) issued an even more dire warning, calling the bill “a good example of capitalism’s death wish.”

    Read More ..

    http://www.motherjones.com/politics/2014/12/spending-bill-992-derivatives-citigroup-lobbyists

  21. An OPEC Minister Just Made A Surprising Statement About Who Controls Oil Prices

    Remember when OPEC was a cartel that attempted to stabilize oil prices by manipulating its production?

    No longer.

    Saudi Arabian Minister of Petroleum Ali Al-Naimi made a surprising statement at a UN climate-change meeting in Lima, Peru.

    Read more: http://www.businessinsider.com/opec-now-believes-in-letting-the-market-take-care-of-oil-prices-2014-12#ixzz3LXxGlxQ0

  22. The stock market numbers today reflect the sentiment of We The People of these United States in regards to the massive International Securities Fraud these bankster felons wantonly committed.

    This was done with the unlawful intent of wiping out the U.S. Treasury Department by the secret, yet open
    Nationalization of the U.S. taxpayers
    money to these Multinational,
    Globalist felons.

    These thieves are running an International Drug Trafficking, Human Trafficking, Mortgage Note
    Counterfeiting,
    Communist, Multinational Banking
    black operation through Nazi,
    Communist Fascists. These fraudsters
    have put their comrades im place at every level of the
    State, County and Local Governments
    nationwide.

    Furthermore, they all work for the
    Russian mob. That includes most of,
    if not all of the politicians, the judges, the Supreme Court Justices, the
    attorneys for these crooks, and many
    in State, County and Local law enforcement.

    This ongoing cover up by fraudulent concealment of the Origination Fraud is being done to cover up the fact we
    are at war on U.S. soil with a foreign
    power.

    These fraudclosures are foreign insurrections in direct violation of the
    14th Amendment because these
    fraudclosures involve International
    U.S. Government Securities that were
    counterfeited. These wanton thieves are deranged kleptomaniacs who are
    also in direct violation of the 5th
    Amendment Takings Clause of the
    U.S. Constitution because these
    “investors” are robbing the U.S.
    Treasury Department while they steal
    our properties in fraudclosure.

    We The People are not only in peril
    because they have stolen $60+ trillion
    dollars from the U.S. taxpayers since
    2008, reported CNBC, we are all in
    Double Jeopardy.

  23. “The Notes” are all Securities Frauds. The evidence they are all counterfeits in written form is all of those partial grant deeds these felons had the nerve to enter upon the court. Those are secret pledges these “investors” in their own fraud, forgery and mortgage note counterfeiting racket are using to State a Fraudulent Claim. Those Causes of Action are not
    “reckless,” they are felonious.

    Meaning those fraudulent Causes of
    Action in tort, where there is no signed legal binding written contract, involve multiple felony acts that are
    prosecutable under both State and
    Federal RICO charges. These felons
    used those partial grant deeds to
    Racketeer with fraudulent securities to
    gain unjust enrichment from us by fraudulent
    conveyances of property Titles to real
    property. If they fraudulently
    reconveyed your property title back to the
    original Issuer of the original fraudulent Security, that is evidence of fraudulent concealment of the
    Origination Fraud by the Issuer.

    These banksters and their attorneys all need to go to prison. So do the judges who are aiding and abetting their ongoing crime spree in fraud closure court.

  24. SC,

    Beats me. But it won’t be on my dime.

  25. All they each need is the fading memory of a red laser dot.

  26. Christine, They are preparing for hibernation?

  27. “HSBC’s head of currency trading in Europe, Stuart Scott, left the bank after it was fined $618 million…..”

    Left the bank? WTF is that? Left the bank? Any mention of a possible one-way trip to the Graybar Hotel? Matching, conjoined bracelets as a permanent fashion accessory? Any chance of a good old waterboarding as we’re want to do here in the US of A? I’ll operate the bucket or the board.

    Maybe just force him to spend the rest of his days hanging with Dick Cheney? Oh the humanity!

    You can be executed for selling loose cigarettes, but you just “leave the bank” when you orchestrate over a half billion dollar crime spree! Unbelievable….

  28. Or we may see something else…

    Why Is The US Treasury Quietly Ordering “Surival Kits” For US Bankers?
    Tyler Durden’s pictureSubmitted by Tyler Durden on 12/10/2014 15:32 -0500

    http://www.zerohedge.com/news/2014-12-10/why-us-treasury-quietly-ordering-surival-kits-us-bankers

  29. I think we may start seeing a serious crackdown worldwide…

    HSBC European Currency Trading Head Scott Said to Depart (ILLEGAL CURRENCY MANIPULATION)

    HSBC Holdings Plc (HSBA)’s head of currency trading in Europe, Stuart Scott, left the bank after it was fined $618 million to settle a probe into foreign-exchange rigging, a person familiar with the departure said.
    Scott left the bank yesterday, said the person, who asked not to be identified because they aren’t authorized to speak publicly about the matter. Scott joined HSBC Bank in 2007, according to the Financial Conduct Authority’s register of authorized individuals, and was based in London.
    Jonny Blostone, a spokesman for the London-based lender, declined to comment on the departure, which was reported by the Wall Street Journal earlier today. Calls to Scott’s office were answered by a colleague who said the trader wasn’t in today.
    HSBC was among six banks that paid about $4.3 billion in fines last month to settle probes into allegations traders colluded with counterparts at other firms to rig benchmarks used by fund managers to determine what they pay for foreign currency. Banks including Barclays Plc, Citigroup Inc., Goldman Sachs Group Inc. and JPMorgan Chase & Co. have dismissed, suspended or placed on leave traders amid the investigations.
    “HSBC does not tolerate improper conduct and will take whatever action is appropriate,” a spokeswoman for the bank said on Nov. 12, referring to the FX scandal.
    Europe’s biggest bank was ordered to pay a combined $618 million to the U.S. Commodity Futures Trading Commission and Britain’s FCA following an investigation into failings at the bank’s foreign-exchange business. The other banks in the group settlement were Bank of America Corp., Citigroup, JPMorgan, Royal Bank of Scotland Group Plc and UBS Group AG.
    HSBC rose 0.2 percent to 623.7 pence at 1:02 p.m. in London, trimming its loss this year to 5.9 percent. The lender has a market value of 120 billion pounds ($188 billion).
    To contact the reporter on this story: Stephen Morris in London at smorris39@bloomberg.net

  30. Al,

    You’re gonna have to consult a BK atty. In many cases, you cannot pick and choose against whom you are filing, especially if you are restructuring debts. The court will want an entire list of all your debts to make sure that you can materially restructure.

  31. Off Topic….I am about to file a BK13 and only want to file against Ocwen and Wells Fargo. I live in Colorado and wondering about the wording on the BK 13 paper work for the gov’t so they force the servicer and or the bank to provide ownership of the note. I was denied my Rule 120 hearing in Colorado due to the judge just rubber stamping the sale order. In my response to the court, I also included an affidavit from the sercuritization report that indicates a lot of fraud starting from the closing table.
    Any ideas or advice on filling out the emergency BK would be greatly appreciated…Thanks

  32. this is the same judge from my case who ruled I had no standing to contest the forged endorsement on the note.

  33. Christine, that is exactly it! That was the problem I saw in Bayview vs Nelson. The RPII/crediter never shows up leaving the borrower in Limbo. So after all the massive fraud I set out to find out who and what MERS was and who it was my husband owed before we paid anyone a payoff. I didn’t like what I discovered. So if there is no dispute between the parties. What’s the Problem?

  34. The insurance executive Melissa Millan, whose dead body was found in CT in November, “had access to highly sensitive data on bank profits resulting from the collection of life insurance proceeds from her insurance company employer on the death of bank workers – data that a Federal regulator of banks has characterized as “trade secrets.”

    So, it’s still related to banking and finance.

    http://wallstreetonparade.com/2014/12/slain-massmutual-executive-held-wall-street-trade-secrets/

  35. I meant “legal expenses, recovery of which he was denied.”

  36. Ricco:

    This is not good enough. When people are told over and over to go over their paperwork and the loan accounting LONG before defaulting (but as soon as they start having difficulty paying) and to sue first, when they still don’t get it and wait to be in FC to act, they’ve already put themselves in an unsustainable position.

    Many people used BK as a first line of defense, and alleged everything and anything as a defense, whether relevant to their case or not, while failing to do the elementary homework that would have rendered their case attractive to an attorney, And once they got a less than optimal result, and get booted out of court for want of understanding the system, it’s never their doing. It’s always “all attorneys are crooked”, “all judges are corrupt”, “everybody is bought and paid for”, etc.

    In the case cited by Garfield, this is a Pyrrhic victory: the debt hasn’t been extinguished, some entity can still file for FC and the guy still wasted over 12K in legal expenses, recovery of which he denied.

  37. Here we go, homeowner gets free house plus all the money that had been paid on mortgage before the default. I say, it’s about damn time. I feel that most homeowners were like me and only wanted terms modified so that we could make our payments, keep our homes. While big business got the help they needed to make it thru the recession, the homeowners were schooled about living above our means, you signed the mortgage note, now pay the damn thing, stop trying to game the system for a free house. As time went on and more information came to light thru court cases, government settlement it became clear that yes someone was gaming the system for a free house. It should be clear to all by now that in most cases the party before the court asking for relief is a stranger to the transaction. One who never loaned a dime of their own money and had in fact funded the loans with money from third party investors. Add to all of this is the fact that they made bad loans knowing that they would go into default. The bad loans guarantee then a windfall of profits thru the payouts from the credit insurance, cdo’s, credit default swaps. Read the settlement agreement behind the SEC & Citi and see for yourself. We have all been had. It was a scam from day one. Wall street played us like the fools we are. My hat is off to the judge and homeowners in this case for seeing the true facts of this fraud.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: