Pleading Wrongful Foreclosure

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

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see https://fightforeclosuredotnet.wordpress.com/2013/12/12/what-homeowners-must-know-about-pleading-their-wrongful-foreclosure-cases-in-the-courts/
The above link provides some very good guidance about pleading wrongful foreclosure although it appears to relate more to non-judicial states than judicial states. Remember that pleading fraud not only requires specificity but must be proved. The fact that the foreclosure filing was wrong is one thing but proving it was fraudulent rather than negligent or breach of contract is quite another.

If you are in active litigation then seeking sanctions might be either an alternative or something in addition to a separate lawsuit that arises when the case is decided in favor of the homeowner. As we have seen over the last few years, the grounds upon which these cases are decided in favor of the homeowner vary widely. Some decisions show that the acts of Deutsch or Chase or Wells Fargo or CitiMortgage et al were committed with full knowledge of what they were doing and that they were playing a shell game on the court and on the borrower. Those cases seem more conducive for fraud or spurious litigation or wrongful foreclosure. A decision based upon non-compliance with paragraph 22 — defects in the notice of default or right to reinstate or notice of acceleration might be the subject of abuse of process and might not. But without more in the proof or opinion from the Court the issue of fraud or intentional tort of some other kind seems more difficult.

Lack of standing means the homeowner wins but it does not mean necessarily that a case for fraud or wrongful foreclosure will be successful. The opposition will respond (affirmative defense) that the mistake in standing does not establish any entitlement to damages or any other action by the court because the right to foreclose still exists on behalf of some entity. But this defense is basically a crystal ball defense unless there is an established creditor who is legally pursuing collection on the loan.

Cases in which the bank blocked the sale or refinance of the property, or unilaterally tried to avoid a modification, or where the borrower was in fact current when actions by the bank forced the borrower into the illusion of default are the best cases, in my opinion, for a wrongful foreclosure.

In short, the law is murky on these issues because the whole truth about securitization “fail” has not been fully absorbed and processed by the judicial system. Right now most judges are making rulings based upon the assumption that securitization is irrelevant — a view that is inconsistent with the the alleged right of the beneficiary or mortgagee to initiate foreclosure and pursue collection. The rights to do so exist in the PSA which is often admitted into evidence. Thus the same court that accepts the PSA into evidence will often rule that the provisions that require servicer advances (hence, no default as per books of the Trust or Holders of Certificates) or PSA provisions that block any right to pursue foreclosure or collection by the Trustee or the Trust are not relevant. But the general rule is that once a document is admitted into evidence the parties can use it any way they want.

56 Responses

  1. Oh we did the filings right and in the time allowed but our Judge refused to allow and the clerk of court also. We immediately went to the Appeals court and they told us to file again and the Housing Court has to accept it and file it and then it will be sent to the Appeals Court. We did that and once again the corrupt Judge along with his buddy the defendants atty refused to allow the Appeal Motion. You would not believe what was allowed in our case??????????? Remember our mortgage was paid in full there was no mortgage and the illegal foreclosure happened because we had no knowledge for 43 days when we got a 72 hour Notice to Quit. I have proof of EVERYTHING and when justice is served these Banksters, attorneys & Judges will be going to jail!

  2. You are probably right but that means they have no heart or conscience.

  3. When I began my own investigation into the mortgage fraud I made several visits to the Cook County, Illinois Recorder of Deeds Office.

    Mainly the office headquartered in downtown Chicago that is located at Chicago’s City Hall. That is where the Office of the Mayor of this great city is
    located as well. When I began my quest for the truth, Mayor Daley was still the Mayor of our fine city. If there is one
    positive thing that I could say about
    Mayor Daley, this city really worked when he was the Mayor. His love for this
    city really showed in how immaculate
    everything was kept. That was also
    when the Clerks at the County RecordersOffices were really being honest and very helpful about anything
    pertaining to lien searches on our titles
    to our properties. That is also when the
    citizens of this great city were at least
    given a fighting chance to defend their
    property rights in the fraudclosure
    courtrooms. The Judges were talking openly to the people in the courtrooms
    and telling the people defending their
    titles pro se if they were on the right
    track or not. You knew the ones who were not because they were shown the door by the Judges. They were told not to come back without a lawyer. I was never told anything of the sort by any of the Judges. They frequently openly complimented me in open court about my legal work. One Judge in particular, Judge Mullen complimented me on my dilligence and hard work I had done regarding my Motion For Summary Judgment. He went as far as to openly admonish the attorney from Fisher & Shapiro who is the rep for PHH Mortgage in their fraud suit they brought upon me regarding Principal Residence. Judge Mullen told the Attorney in open court that day, “It does not look good for you guys.” “Do you guys have anything?” Do you have any documents?” To which the attorney put his head down, and did not verbally respond. That has happened on several occassions with the attorneys for the “Plaintiffs” back when I was actually allowed to speak to the judge in open court, and ask the Judge some very pertinent questions about these unjust claims by the opposition. However, that
    all really changed over the past couple of years. Now mum is the word pretty
    much. This new crew of Judges will not allow that. They are steamrolling over the defense by ignoring the first place demonstrative issue which requires the assailant, who does nothing but grasp at misplaced issues, must demonstrate “The Note(s), upon the Defendant’s request or very soon thereafter.

    That has never happened to this date. I was warned one day by a court room clerk when I was hand delivering a courtesy copy of my Motion to Dismiss to the Judges chambers,
    “They” were going to start switching the Judges around.” She told me after she disclosed that information to me she thought that I was an Attorney. Even though I was just wearing sweatpants and a T-shirt.

    Well she was right, that is precisely what started happening in these courtrooms a couple of years ago. The Judges appeared to be jumping ship and pulling in the anchors. The next crew who were brought in wore their bias against the Defense right upon the sleeves of their black robes. Not just that but one Judge in particular, Judge Anne Marino, who was the “replacement judge” for Judge Atkins, seemed as if she was the Plaintiff herself, speaking on behalf of some other entity. She asked my soon to be ex in open court one day “is she still living in the house.” I was incensed at the sheer callousness of her remark. This new crop of judges clearly do not care what the law says in regards to the taking of property of a U.S. Citizen born
    here. Especially when that taking is in regards to the “principal residence,” that is the very roof over someone’s head. Where do they suppose the victims of this injustice are supposed to go? Especially in our subzero degree climate in the dead of winter? This is especially scurillous and unimaginable considering the “Security Agreement” that may have allowed this unlawful taking to occur, is virtually non-existant.
    The real question that I have is why are these County Recorders Offices always so empty? I would have expected the place to be mobbed with outraged people all of the time, demanding some answers as to why no lien on their titles was ever secured properly.

    That one fraudulent act is precisely what has allowed this fraudulently induced Securities Fraud Reinvestor “Government” to act like a tyranny who are wrongfully and egregiously oppressing multitudes of U.S. citizens who were born here.

    That is a disgrace. All of them should resign immediately as a result of so many blatantly treasonous Acts being brought based upon “Color of Law,” theories that are based upon nothing legal, moral or ethical but by a bogus theory about the “Color of Money.” Meaning what the value of fraudulent debt creation means to a debt fraud repurchaser of their own fraudulent securities created by Counterfeiting fraudulent foreclosure claims that are not based on any law or fact.

    Anybody who knows the truth about what is real meaning by all of these
    “missing legal assignments” are praying to God Almighty the Creator almost constantly. The reason being is that means Armageddon is swiftly approaching.

    That war is a fraudulent war in the making by the devil himself. Otherwise not one of these fraudclosures would have ever been brought and not one U.S. property would have been unlawfully and illegally obtained.

    Fraud closure is the epitome of evil incarnate.

    The fact no politicians are speaking to the issue of fraudulent mortgage originations being the scourge that could wipe out the greater part of humanity, especially when they have a
    legal “duty to speak,” if not a patriotic one, says it all.

    For any politician to postulate to the Public, by inferring these fake, phony
    fraudulent, mortgage loan “originations” were “SECURITIZED,” without any legal proof in which to make such an outwardly and openly blasphemous claim is seditiously evil to say the least.

    What are these traitors fraudulently concealing is a real life, modern day end of the world scenario that is playing out precisely as the Good Book said that it would.

    Electronic currency issued as a replacement for innumerable amounts of Counterfeited debt in the form of a Healthcare Law that is a “tax” is not just illegal, it is one pure evil. These cropks are putting in place an electronic
    dictatorship to fraudulently conceal there is no peace and there is no security because of all of those “missing legal assignments.”

    Feigning Ignorance about that one pertinent legal fact, is completely Ill contrived and legally ineffectual for an incredibly evil reason. That reason is written about and described by biblically encoded messages that have actual biblically encoded meanings that are laid out plainly and openly in each and every section of the Book of Revelations.

    These predictions all tie into all of the biblical teachings that are encoded throughout the Holy Bible.

    Repurchasing ones own fraudulent
    investments in ones own faulty, fraudulent debt aka, Secret Pledge Agreements under the guise of “partial grant deeds,” that are Counterfeit Security Agreements, to steal, swap or
    trade the destiny of others is the theft of human souls by human trafficking is being done to Drug Traffic for Big Pharma.

    That is the bottom line of this evil.

    Just say no to their mind control drugs.

  4. Therefore, tthe legal document that would be the actual legal Genuine and Authentic “Mortgage Note,” aka the “Deed of Trust” Agreement, “lien on title,! would be the “Assignment of Beneficial Interest In A Land Trust.

    The reason being is the “investors” were
    buying, selling and trading investments in our peace and security.

    Even with knowledge being given to all parties of the Original “Transaction” by way of “signed and written consent, that “financial transaction” was phony, fake
    and fraudulent because banks don’t lend any physical money.  

    Moreover, the “subject property” that is either attempted to or has been illegally confiscated by some “unknown Party,” “non-record claimant,” could never have had an actual legal lien on title when the original
    title never left our possession because of
    Fraud in the Factum.

    These Globalist crooks are fraudclosing upon a myth that a legal lien on title ever actually existed in the physical world.

    Fraudclosure is another name for “Fraud In The Procurement,” a vast, Global Criminal conspiracy that is ongoing. and illegal.

  5. Hmmmm? The “Deed of Trust.”

    What exactly is the “Deed of Trust?

    Precisely what is the proper form that meets all of the proper legal requirements that would make a signed, written Agreement, a legally enforceable contract? What is the actual legal document that could possibly meet the most basic criterion to bring forth a “lawsuit in equity,” that could allow some type of fair and equitable legal restitution, monetarily or otherwise under the guise of a “foreclosure suit.”

    A “foreclosure suit” that is brought under the guise of “value for redemption,” when there is no just or legal cause to bring forth such an infamous claim in equity because no Genuine or Authentic written legal proof of any such a loss exists, is not just a mere “error by the Plaintiffs.”

    That is a totally unjustifiable criminal Act that is egregious and heinous. The reason being is such that the Plaintiffs secretly and unlawfully “equity stripped” the value of all U.S. properties under the guise of the Issuing innumerable amounts of fraudulent “Credit Slips.”

    The International Banksters were
    Racketeering with their own Counterfeits under the guise of Fraudulent & Faulty Mortgage
    Originations.

    Thererefore, there can be no legal way to “foreclose” because there cannot be any actual physical redemptive value, monetary gain or property repossession  without a properly executed Deed of Trust Agreement. The “legal assignment” is the actual legal binding “lien on title” that is the “Security,” in regards to “Real Property.”
    Without the actual written and signed legal agreement between the two original parties there can be no legally enforceable “Contract Agreement” in these United States.

    Construction of a Trust relies upon Performance by the Issuer of the original Stock/Bond “offerings.”

    The reissuance of a tort being carried out by a “Stranger to the Mortgage,” by way of foreclosure is a nationwide cover
    up for the Origination Fraud. “Nationalization,” is the re-constituting of the Origination Fraud. Because the Original mortgage contract was never Performed upon by the Original Issuer. That is Tortuous Fraudulent Misrepresentation of an unlicensed, unbonded, unregistered and unsecured U.S. Government Security that is yet amother fraudulent claim in tort by our enemies hiding from within.

    Contemporaneously, when a Mortgage/Note is “signed,” a “Deed of Trust,” is executed.

    Not so fast you filthy animals.

  6. In a nutshell for me…securitization matters “if” you are claiming losses as the “loss payee” AND/OR PETE, this carries a burden of proof, which is being ignored by judges and being plead incorrectly.

    The issue of the “note” due, signed by the borrower is proper, however; is this the party to whom I owe the funds? With the notes being fractionalized and sold…you should need 25% of investors to come at you OR a proper lineage to support the lien perfection, coupled with assignments that are validated and legally endorsed.

    A closed trust or insufficiently funded trust, where investors are gone, does not appear to have legitimate grounds to collect from you, in a foreclosure action!

    And in my non-legal summary the case should be one of breach of contract, not foreclosure and a DOT issued to parties with zero losses, prima facia evidence, appears flawed, particularly from debt buyers. From all I can glean the debt buyers are perjuring themselves and getting by with it, making false claims before the court.

    Emphasis: just a non-legal analysis…as previously stated: anyone can sue, but a challenge could be made for who are you and “prove” your loss pal!

  7. The devil certainly is in the details of these fraud closures.

    That is the meaning behind all of the missing legal assignments.

    You know that is true because when you request that one very pertinent legal document, that is the “security,” all hell
    will break loose in your life.

    That one simple request, or even the mere mention of a legal assignment which translates to “Where’s the Note?” puts your life in peril.

    You could not possibly have any way of knowing that. That is what makes that one simple request, perilous.

    I told Judge Price Walker one day in court, all I asked them for is one document. He laughed and said, lawyers make things complicated.

    That’s for sure to say the least.

  8. Who are the RPII hiding behind fraud closure?

    Satanist Luciferians who think they are above the law. They want to be God and cannot. So they secretly hatched an evil Global plot called “Globalization” to play God by permanently numbering the people by tattooing the people. They did this ultimately to
    defy God, the Creator.

    If evil cannot deceive the many about what it really wants through wrongful foreclosure that is being brought illegally under the guise of the Healthcare Tax, then evil cannot win.

  9. “Liquidated Trusts?” Is that what Dirty pledges of filthy, dirty unclean and abominable Acts are called? Fraudclosures are the intended result of evil trysts that are meant to be carried out against the innocent, trusting and
    unknowing victims of the heinous, egregious and abominable wrongful
    Acts of “others,” at another designated
    time and
    place by satanist/luciferian control freaks who are
    “foreign nationals/demonic
    entities from hell.” These demons have infiltrated
    every nook and cranny of this place, posing as Americans.

    Anybody can be a “Globalists” next targeted victim and become entangled and entrapped in their
    tangled web of lies, fraud and deceit. Anyone at any time can be wrongfully accused and wrongfully judged by this evil. Nobody can ever repay this evil
    because this is the evil endgame plan of a Satanic based Luciferian agenda. This is a Spiritual War between the forces of good and evil that is revealing its presence in the Physical world.
    This fraudclosure war is a
    an evil battle born of its own evil agenda
    coming from within the netherworld.
    In a place we cannot see, this war is being
    waged against the God of Heaven for the
    souls of humanity. This evil has
    an evil agenda called “Globalization.”

    That is its code name for the theft of all souls.

    This fraud is meant to be very taxing on every mind, body and soul.

    It aims to destroy the human spirit of everyone.

    This warrantless search and
    seizure campaign being brought under many guises is part of an evil plan that is an evil agenda that will include many harsh treatments of everyone because it meant to steal all souls away from God the Creator by trying to replace Christianity with Luciferianism which is ungodly evil and wicked.

  10. Neider,

    I will go even farther.

    The information is readily available. All of it. Transparency does exist. If one has… 24 hrs/day to dig through it. When you have a bank-backed, tax-payer funded MERS, you have everything at the tip of your finger. Homeowners don’t. They literally have to google every single thing one by one and sort through mountains of disinfo. They also have to protect themselves from mortgage-audit vultures, the Mitchell Stein of this world and many more obstacles before finding what they’re looking for.

    I understand that: I was one of them. Chase stole 7 years of my life I’m still going after (although from a different position since I’m in the house for good). There has to come a point when, once they find the practical info they need, they put it into practice. How many times have homeowners been told to gather their documents? To make timelines will all the actions having taken place in their case from closing to N.O.D? To send QWRs and how to formulate them? How many times where they told what to do and what to avoid? What to argue and what to stay away from?

    It always comes back to the horse who won’t drink. Still, a repository would help.

  11. Neider

    “Sounds like we need a few of the legal teams with resources and balls”

    Bingo. Banks have made the best use of sharing electronic data of every kind, every sort and on every subject. Go on the MERS site: it lists everything by subjects, type of case, date, geography, you name it. Nothing stops FC defense attorneys from pooling resources and doing likewise. How many trusts are there in existence? How many are defunct? In liquidation? Never existed?

    If robo signers could be cataloged nationwide, so can everything else. One major problem of the FC defense is that defense attorneys still work alone. Max Gardner had the right idea when he was practicing and held his boot camp. And all his data was available to anyone and everyone. Since then, not much has happened in terms of cooperation nationwide. Everybody is out for make a name for himself. Look at winning cases: they are published in local Law Journals. Up to attorneys to consult them on a regular basis. Ditto for any other bit of information susceptible to benefit everyone. Everyone has his own site but there is no repository available to everyone.

    Gathering all of it into a shared defense website by topic, location, player, trust, defense attorney, etc. would go a long way. Technically, the ABA should do it. It doesn’t. It lists chronologically everything, randomly, as it takes place: criminal, patent, civil, class action, you name it. Try to find one specific bit of info. So, if you can sell the idea in FL, you can sell it anywhere. Even my own guy toots only his own horn.

  12. Are “they” happy? The “Board of Directors” over at CHASE/MORGAN STANLEY/AIG, all of their minions , cohorts and fraudster colleagues that would include mainly, the “Large Institutional Investment Firms,” “Investment Houses,” and the Accounting Firms who cook their books to fraudulently conceal they are all
    global drug traffickers who use the profits from that crime, and other crimes to fraudulently conceal they are Global
    human traffickers who are human rights abusers who racketeer by gambling in
    the manufactured outcomes
    of the human lives they intend to
    destroy.

    These Wall Street “Tycoons” aka “Globalists,” issue fraudulent investments in pledges of the souls of humanity under many guises. Those sick pledges are fraudulently concealing hired contract hits, made by sick, deranged mafia thugs, who are sadomasochistic foreign nationals
    who pose as everyday
    Americans. Those “Pledges” are Fraudulently Misrepresented as those unsigned, unregistered and unregulated,
    phony, forged and fraudulent “partial
    grant deeds.”

    These fraudclosures are Fraudulent Representations of phony Bills of Credit, that are all Counterfeit U.S. Government Bank Notes. These fake claims in tort called Fraudclosure, are Contractually Fraudulent because no legal contracts could have ever been legally executed under the guise of the Issuance of mob hit contracts of We The People, hidden behind the Overissuance of Fraudulently derived
    “Investment Securities,” that are “Securities Frauds. Part of an International/Global Bankster Mafia plot secured by fraud. Fraudulent re-investments in a “Globalist” sex for hire/murder plot by the fraudulent re-issuance and fraudulent “reinvestments” in reconstituted Sexurities Fraud
    re-insurance claims.

    This is all being unlawfully, egregiously and heinously carried out under the guise of a “Federally Mandated Healthcare Tax” aka “The Healthcare Law that is a Tax” that is not Federal at all, just like the Federal Reserve Bank, all of our private wealth is being stolen by this Globalist mafia Bankster Cartel of mafia thugs who are a Global spy ring by “title swapping” of nothing Genuine or Authentic.

    All of the fraudulent debt being fraudulently collected is hidden in the Healthcare Law Tax that is masking a fake, phony and fraudulent lien on our long form U.S. birth certificates.

    The Healthcare Law that is a Tax that is a property levy on our humanity to destroy the lives of every single U.S. Citizen born here. This was done with the intent of stealing the souls of their
    innocent victims who they human trafficked up in cyberspace up on Wall Street by destroying the U.S. economy.

    The intended outcome of this Wall Street Globalist robbery will be horrific and will lead to Armageddon. All sorts of abominations of the devil will ensue tuat will be caused by the horrible pledges to be carried out by sex
    crimes and other hate crimes upon the
    U.S. citizenry born here.

  13. @ Christine ,

    Sounds like we need a few of the legal teams with resources and balls ,, in Florida I would include Ice and Weidner ,, to assign an intern/assistant to scan all the new cases in their area for the plaintiff party name ,, a simple task that could be easily automated … and then file an amicus simply stating that plaintiff party “trust XYZ” no longer exists according to ABC and as AIG paid off the investors in the trust (yeah I know the money stayed with the intermediaries) and as you can’t pick up one end of a stick without picking up the other the mortgager and mortgagee are by definition not in conflict as the note is extinguished.

  14. Neidermeyer:

    “… you’re 1000% right , the liquidated trusts cannot sue…” Yes they can. Anybody can sue. It’s one of the beauties of the system as the Founding Fathers designed it.

    Up to the homeowner to timely call them on it. If no one does, judges won’t volunteer it. Not their job. Not their mandate. Liquidated trusts will sue as long as they find no resistance and are not opposed. If it wasn’t argued, it is not a consideration for the court, nor should it be. Do people want rule of law or do they want Big Brother baby-sitting them?

    “… and why we let the perps sue in the name of a no longer existent entity is a colossal joke the courts are playing on all of us.”

    You are absolutely right: “We” (homeowners or defendants) let the perps sue. The joke is not that liquidated trusts sue but that homeowners don’t react immediately by arguing it.

    Stop waiting for judges to advocate your own case for you! Or prepare for losing all your freedom once Big Brother preempts adversity for you.

  15. Bloggers give balance on here, and there is nothing like personal experience especially if you are not the kind of person that believes everything they read or hear on TV. I had to learn the hard way, and fast, which is the only reason I’m still in court, yes its great to have an attorney but getting the right one is tantamount to success or failure, done wrong, it can cost you so much, a heck of a lot more than a shirt.

  16. “I do not believe any homeowner will prevail with an attorney…”

    Untrue. Attorneys stay away from hysterics, gibberish and religious irrationality. Good ones, who know they can put their client on the stand without embarrassing themselves, deliver what they set out to. Speaking like a real Ivent, aren’t you?

    Deb,

    Keep focused. I know you are.

  17. @ Ian , @ Poppy ,

    I’ve been jammed up here for the last few months , I have made offers of help that I haven’t been able to keep… I apologize. I am uploading a copy of Wells Fargo’s Trustee info database for O-One downloaded near the end of 2011 … It is highly compressed , therefore…..

    To use it you will want to first install a tool that will automatically open compressed folders and allow you to navigate the database just as you do an uncompressed folder on your computer, I use and suggest Universal Extractor which can be downloaded at http://filehippo.com/download_universal_extractor/

    Poppy , you’re 1000% right , the liquidated trusts cannot sue… and why we let the perps sue in the name of a no longer existent entity is a colossal joke the courts are playing on all of us.

    I am new to “google drive” but I believe all you need is “read” permission and my google e:mail which is brian.tracy1324 AT gmail.com … I will disable “sleep” on my computer for the next 3 days to allow dissemination…

  18. Deb is focused,
    Absolutely.

  19. Most important to this whole theory of securitization , many banks are refinancing these loans under fraud and without the homeowners knowledge creating fraudulent paperwork to facilitate foreclosure. Securitization has taken place with double funding the initial loan which is why the loans seem to fail in the first place. These loans were found being foreclosed upon by private trusts vs. the alleged banks aka Bank of America. Many of these homes are foreclosed upon investors of Berkshire Hathaway, walgreens , and or Walmart. Go figure !

  20. I do not believe any homeowner will prevail with an attorney, Reason being is because these attorneys as all attorneys are officers of the court. The Church has even bargained with the Devil as well. “Jesus” is used to advanced the fraud and harassment. We have major corporations building mini malls , major malls , outlet malls that are all part of the fraud. The police department as well as all Government entities are advancing the pension funds at your expense. Warren Buffet is revered as a Great Investor , Wrong ! he is only the major player in this fraud dynasty he has created with Charlie Munger whom believes all tax payers are slaves to Berkshire Hathaway. Charlie Munger believes no American should have the right to Justice. He soley believes in the Chinese way of surpressing the rights of the what is called a Free nation. Berkshire owns the insurance companies , housing mortgage Companies ) Banking institutions , companies that manufactures all parts , bolts , drywall , and lastly the Judges. They have a way of destroying those that speak against them. After all warren is the financial advisor to the President!

  21. Attitude governs altitude.

    Hapless homeowner blew it right off the bat by pleading so many irrelevant issues that he lost on a MSJ long before he could complete discovery and depose anyone. Potter knew damn well whom he was dealing with. Very little to do with the judge, the bank or anything else. Much to do with Hapless who:
    1) ignored the situation he was in for the longest time (praying God each of his sleepless nights to make it “go away”);
    2) Did not document his interactions with Potter and his goons, thereby losing precious evidence;
    3) Failed to seek legal advice from “all those incompetent attorneys who don’t get it and are only after my money!”;
    4) Failed to do his homework, gather the proper documents or ask where and how to get them;
    5) Didn’t know what the issues were and, therefore, couldn’t formulate them in his very first hearing while displaying the suckiest attitude and utmost contempt for the people he was dealing with;
    6) Followed every theory handed to him by other Haplesses… either already out of their own house or about to be (misery loves miserable company);
    7) Spent precious money, sometimes as much as $7,500, on ridiculous and useless “mortgage audits” peddled by the likes of ND, MS and… whoever could make a buck out of his misery and did, rather than on solid legal advice from solid attorneys with proven record!
    8) Reproduced and duplicated (and still does…) all the efforts that had already failed.

    Hapless didn’t have a prayer until 2010. Possibly 2011. Hapless hasn’t had that excuse for 3 to 4 years.

    If this country is made of 99% victims running around and claiming it like a badge of honor, it is in much direr straits than it can imagine.

  22. Deb, there’s also the scenario involving Mr. Potter, the Wells Fargo banker. Can he hire a local law firm to claim to be an officer of MERS, even though he’s not, in order to transfer loans from a long defunct mortgagee? Well yes! But typically only banks that are deemed too big to fail have this privilege. Does it work every time? Why, of course it does! Who do you think owns the judicial pension plans across the land? That’s right, these very same banks.

    And Deb, if in fact Mr. Hapless Borrower looks hard enough and finds that Mr. Potter has absolutely no legal claim on his note, shouldn’t that stop an illegal foreclosure from occurring? Fuck no! Why stop when there’s plenty more looting to be had? Doesn’t matter if there’s no trust….forget bogus assignments….no matter that the loan was transferred to the bogus trust years after the fact….that the assignor was a teen dropout with a thing for meth, not mortgages….well hell, it doesn’t even matter if there’s a proper title chain, as long as the mortgagee shows up in court with a straight face and a MSJ, that’s good enough. Ching-ching.

    But remember to pay your taxes, insurance, and never, ever fail to fork over huge amounts of your hard earned and ever-dwindling cash to that attorney who was last seen chasing ambulances, but has a sudden interest in defending foreclosures. Just be sure to wear a colostomy bag when he asks you, as an AG staff attorney assigned to assist me asked, all straight-faced, “Now remind me….when it comes to mortgagor and mortgagee, which is the bank and which is the borrower?”

    Just focus on the contract. You have no rights to question any thing else. It’s been chiseled in stone. If you’re lucky, you’ll get the privilege of entering into another, super legal modification that will bind you for another 40 years with higher rates, if you’re lucky. Trust Mr. Potter. He wouldn’t screw you twice while the government looks on, now would he?

  23. Deb,

    To further my last post, there is one major thing people don’t seem to comprehend.

    Going back to homeowner, Paul and Peter example: suppose Peter’s money came from a heist. He robbed Jack and lent the money to Paul who, in turn, lent it to homeowner who bought a house with it. Can Jack go after homeowner to get his money back? Hell no! Does Jack have an interest in the collateral (house)? Hell No! (standing and contract).

    All Jack can do is go after Peter in the proper venue: criminal court. Peter may be sentenced to repay Jack back, in which case he can try to accelerate reimbursement from Paul (in civil court) but will lose if the original agreement doesn’t contain an acceleration clause.

    Peter may not go after homeowner unless Peter was named the beneficiary, in case Paul croaked before getting all the money back from homeowner.

    If, in the meantime, Paul sold the debt to Matthew, Matthew may have absolute right to go after homeowner IF the Paul-homeowner contract provides that Paul may sell/transfer said debt. If not, Matthew may be out of luck.

    Homeowners need to stick to their contract with Paul and nothing more. Up to Jack, Paul, Peter and Matthew to prove they have an interest in that loan and/or the house. Once Jack, Peter, Paul and Matthew start asserting anything not included in homeowner’s contract, and only then, can homeowner compel production of the chain of transfer of the money and its relevance to the collateral.

    Short of that, homeowners will keep on losing.

  24. The cover up for all of the “Fraud in the Issuing of Credit” by our enemies both foreign and domestic is why the “War on Terror,” happened.

    Unwarranted search and seizure of We The People by unknown assailants who are dangerous foreign nationals who pirated our identities to steal everything from us through many secret spy agency technique that involve unlawful spying for AIG’s PRISM PROGRAM under the guise of the unlawful Healthcare Law that is a “Tax,”
    This is all being done unlawfully. Our individual peace and security has been compromised and we are all being watched, controlled, and manipulated mainly by infiltration by the enemy within who is a traitor, mainly through warrantless wiretaps, which are unconstitutional and illegal in
    these United States no matter what George Bush says.

  25. Deb,

    It still comes down to: which ones of those FACTS are really relevant to your own situation? People still don’t get it. Let me give you a very simple example of what thousands of people have tried to make homeowners understand:

    Suppose you’re stopped at a red light. You had a few too many to drink but you chose to drive regardless. Someone hits you in the rear. You sustain injuries. No negligence from your part: you were stopped! The cops come, they ticket the rear-ender and… they ticket you for driving drunk. The culprit’s insurance carrier CANNOT deny your claim, even though you were tipsy. Why? Because the accident and your being drunk have absolutely no relevance to each other. The rear-ender caused the accident, no matter what. Two different actions will result: your claim, perfectly valid, and the state claim, also perfectly valid. If Rear-ender ever tried to mitigate his liability by arguing that you were drunk, he would be crucified by the court!

    Homeowners have been denying the obvious for years: they bought a house they couldn’t pay cash for, with a loan coming from somewhere. The loan is undeniable. Anything other than standing (the guy going after the house is not the guy having made the loan) or breach of contract (the original terms of the loan weren’t respected by the lender) is a losing proposition. LL advocated for years to deny the loan. We know what happened to that! LL advocated to dig into where the money originally came from so as to try and prove that Paul used Peter’s money and Paul didn’t confirm to the terms agreed upon with Peter: we know what happened to that one too! It’s between Paul and Peter. None of homeowner’s business. If Paul obtained a loan from the bank based on a promise that Peter will lend him the money in 6 months, it’s still none of homeowner’s business.

    Until people understand that very elementary law 101 principle, they will keep on losing. After being dragged into a long, drawn out and costly battle they had no business waging in the first place.

  26. Allow me to clarify in my last comment, there is no such thing as a legal and equitable lawsuit for the issuance of credit. Especially when that credit was fraudulently obtained by committing innumerable amounts of felonies done to Counterfeit gazillions of U.S. taxpayer dollars in unlawful Mortgage Fraud Re-Insurance Insurance claims.

    These crooks are Racketeering human lives under the guise of Fraudulent Foreclosures. The peace, security and well being of every single American is in peril as a direct result. We The People are all living in peril as a result. We are all living in real and eminent danger quite simply because we have no way of knowing who the RPII really is.

    When the U.S. Treasury Department used their own agents from their own agency by way of the “Title Companies,” to dump all of their fraud into the “public domain,” they not only “Abused the Public Trust” by denying us our legal right to know Who these people are who are unlawfully fraudclosing upon U.S. like a “thief in the night,” they are abhorent human
    rights abusers by denying us all of our natural born legal rights.

    They are also in direct violation of the 45th Protocol of the Geneva Accords, because they unlawfully and perilously made every single U.S. citizen an enemy combatant of an undeclared and uncivilized war on U.S., by non-
    disclosure of the RPII.

  27. What these Global/International Securities Fraud “Investors” are doing hiding from behind the guise of fake, phony, fraudulent “Corporate Resolution Agreements,” is Grand Larceny of the free will of We The People of these United States. This is being done by the outright theft of our identities by the
    unlawful and unauthorized use of our pirated Social Security Numbers.

    That was done by our enemies posing as us, hiding behind the guise of innumerable amounts of Fraudulent Mortgage “Loan Originations.”

    What those “Wall Street Executives” actually did and are trying to “cover up” by the use of their own Neo-Nazi like Stalinist/Leninist secret Maoist, “Control Fraud” tacics is, they are who put the lives of We The People in Double Jeopardy under the 5th Amendment Takings Clause of the U.S. Bill of Rights.

    The legal proof of Intent to Harm is evidenced by all of the “Missing Trust Agreements.” These fraudclosure suits are illegal and illicit because of that one pertinent morally ethical and legal fact alone. The hidden “third-party claimant,” who is operating under an assumed name because these “claims” are being brought “unequitably,” meaning not by the “Trustee of a Trust” who works in any
    legal capacity as a licensed and registered U.S. Government Agent of the
    U.S. Treasury Department, as the law requires.

    These fraudclosure complaints are therefore unlawful and illegal because they are unequitable “claims in credit.” Meaning no tort exists in which to bring a legal suit in equity and no legal way in which to proceed.

    That is only the tip of the iceberg. These “investors” in their own unlawful, illegal and unequitable claims in tort by committing Tortuous Fraudulent Misrepresentation by Racketeering with the unlawful and unauthorized use of our legal signatures by the unlawful use of our digital signatures, are feloniously engaging in the human slave trade.

    These fraudsters hiding in cyberspace, faked auctioning off, all of our Liberties to steal our free will, by swapping their own “bad paper,” their own Counterfeit Securities. That is why their loans are fake, phony, forged, fraudulent “unsecured” meaning NEVER SECURITIZED” and are all unregistered, undocumented, not legally verifiable,
    and uncertificated certificates. What are known by “industry insiders,” as Red Flag Securities which are Securities Frauds. That is why they are ignoring all
    of the natural born legal
    rights of the U.S. citizenry.

    These “Investors” bought, sold and traded the lives, the free will, the legal rights and the futures of We The People feloniously from cyberspace which is why it is completely unregulated and never audited.

    peril and recklessly endangered with reckless, unwarranted abandon, the titles
    to the free will to destroy the dignity
    of millions of unsuspecting and unwitting American citizens born here.

    Theses “Unknown, Uncertified and Unregistered” Fraudclosure “Claimants,” who by Fraudulently Concealment of any legally verifiable “proof of claim,” are fraudulently concealing the
    RPII, who are the enemies of every single U.S. Citizen who was born here, on U.S. soil.

  28. Because it was fact, acts in court by THEM

  29. Well, apparently LL doesn’t want people to learn since it blocked that url… PressTV Karen Hudes interview, IMF & Worldbank.

  30. Learn how the system works, why the mess exists and what it will take to fix. It is NOT an American problem. It is a worldwide mess.

  31. No it doesnt

  32. Deb,

    Actually, if I recall, you have more than one case going on. That would explain why it’s taking so long.

  33. Agreed – in part 😐

  34. The initimacies if my case(s) would reveal why – look at the docket sheet in its entirety and that will explain quite a lot Christine. Not my fault actually… anD not an isolated example. Sadly.
    Agreed.

  35. Deb,

    Not true.

    Your case is not the rule. If people filed the proper action right from the get go, instead of filing 50 amended defenses and all kinds of irrelevant pleadings, if they stuck to one course of action and to one single venue instead of moving back and forth from to BK to state to federal, if they attacked first with the proper allegations, they would be done in 40 months, successful appeal included, and they would still be in the house.

    Granted, what was done to homeowners is horrible but homeowners allowed it by following any and every shiny little theory, no matter how convoluted, irrelevant and frivolous.

  36. Concerned21
    Think about how slowly these cases move the minuite you get to appellate level ( thats if you plead your case right in the first place and survived The 12b6 and mSJ – that is the first big hurdle) then it delay and delay. So im at 5 1/2 years ongoing if my case (s) continue it nay be 7 or 8 years snd then i will go on to supreme court if i am denied any relief i am entitled to by law – theres a lot to do from now until then so until the fat lady sings justice is just around the corner. You have to believe. It takes a long time its a long road, but a worthwhile endeavor in my opinion, because- its the right thing for me to do forME. It starts with self, everyone should take responsibility for themselves if a person decides they do not want to fight for THIER justice then thats A choice. Its a choice. I believe most judges want justice and most judges like to sleep at night.

  37. concerned21 they sleep really well when they are guaranteed a salary and pension.

    NEVER AGAIN

  38. Does anyone recall (cases?) how courts have reacted when “MERS” – read servicer – purports to yet be the agent of an entity which is toast?

  39. It does not matter what the law says if you have UNETHICAL JUDGES that are ignoring the law and their oath. They are ignoring the facts. the preponderance of evidence and proof of embezzlement and allowing banks to illegally steal someones home. Then you have the lawyers that are too scared to hold the Judges feet to the fire because it might affect them and their future cases? I don’t know how these people sleep at night?

  40. Poppy- I have read your fact1filled posts here since you started, thank you. and I know from experience Ocwen’s
    illegal methods. Yes do not divulge your research on LL.
    there are over 50000 “trusts” which have disappeared. Fitch rates about 1400, mostly FNMA/Freddie Mac.

  41. Dear Mr. Garfield, Since you are so knowledgeable in this area perhaps you would want to apply this to the case of Mr. & Mrs. Vera who paid you over $7,000 to at first stop the foreclosure sale and after you let the house be sold you were suppose to file a wrongful foreclosure law suit and it has been over 20 months and you have not done a thing for the money they paid you. I have had over 100 text messages and conversations with your daughter Danielle and all I get is excuses and conference calls that never take place.

    Respectfully yours Alex Alonso

    On Fri, Jan 9, 2015 at 9:13 AM, Livinglies’s Weblog wrote:

    > Neil Garfield posted: “For more information please call 954-495-9867 > or 520-405-1688 ============================= see > https://fightforeclosuredotnet.wordpress.com/2013/12/12/what-homeowners-must-know-about-pleading-their-wrongful-foreclosure-cases-in-the-courts/ > The abo”

  42. Judges in California also say that Forgery Perjury etc… by banksters is irrelevant when it comes to homeowners. What does that have to do with Securetization?

    NEVER AGAIN

  43. poppy, you go!

  44. Poppy – interesting observations

  45. @ Ian

    I am dealing with Ocwen and have had dealings with Altisource-Hubzu. All of this companies transactions is/are fragmented and tweaked to certain outcomes. They cheat at everything.

    As far as the foreclosure schemes they run: they are acting, not as true servicers, but debt collectors most of the time, undisclosed. In my case they state: under legal affidavits and documents they are working for a REMIC Trust…most of them are closed due to less than the investors needed to make them viable, they are broke.

    They cannot use foreclosure in “debt collection” …this is important: USING A closed TRUST, WITH NO INVESTORS, “INSOLVENT” assigned years later. Ocwen is committing perjury. The party they are using to foreclose, claiming losses was broke years ago, by the pilfering by the originators. Ocwen is running the ledgers with fabricated amounts due…not withstanding do they have a legitimate loss-payee. To me this is a quick 12(b)(6) claim….and they should be suing for breach of contract if they bought the debt. No lawyer here, just what I am gathering. They totally screwed up the opportunity in my case to legitimize a foreclosure action. The judge has dismissed it twice, both in Federal Court and District Court in NC.

    I do have the proof, but will not dispense this information on LL due to the trash talk and negating the paperwork that is “fact”, not subjective.

    Just my situation…cannot speak to other’s…but Ocwen is a bad apple, committed/committing tons of fraud.

  46. Until We uncover the dealings within the Judicial and the Banksters, We are chasing their tails.
    To say nothing of our own.

    Thanx Michael Keane

    NEVER AGAIN
    PUT A STOP TO JUDICIAL BULLYING OF THE AMERICAN PEOPLE.

  47. Neidermeyer- thanks for the Altisource info. Anything Ocwen is involved with is criminal. That’s their business model. Hudzu is under investigation also, for what it’s worth. And AHMSI changed their name 3-4 times? A sure sign of someone trying to distance themselves
    From criminal activities.
    Say can you still track an OO loan number? I’d appreciate it if you could.

  48. IN RE MARY HARP SHANKLES, Debtor. 
    THE FIRST BANK OF ROXTON, TEXAS f/k/a SECURITY BANK OF WHITESBORO, Plaintiff, vs. 
    MARY HARP SHANKLES,  Defendant,
    vs. MARK A. WEISBART, CHAPTER 7 TRUSTEE, Intervenor.
    Case No. 11­43075 (Chapter 7), Adversary No. 12­4012, Adversary No. 11­4217
    United States Bankruptcy Court, E.D. Texas
    September 23, 2013:

    “12. The deadline for filing a cause of action depends on whether the
    action is filed as a counterclaim or as a separate action for 
    affirmative relief. Under Texas law, a party may file a counterclaim even though, as a separate action, it would be barred by limitations so long as the
    counterclaim arises out of the same transaction or occurrence that is 
    the basis of the lawsuit. See TEX. CIV. PRAC. & REM. CODE § 16.069

    (a). The purpose of section 16.069 “is to prevent a plaintiff from waiting
    until the adversary’s valid claim arising from the same transaction was barred
     by limitations before asserting his own claim.” Wells v. Dotson, 261 S.W.3d 275, 281 (Tex. App. 
    — Tyler 2008, no pet.) (citing Hobbs Trailers v. J.T. Arnett Grain Co.,
    560 S.W.2d 85, 88­89 (Tex. 1977)).
      13. Texas courts “apply a logical relationship test to determine whether
    counterclaims arise out of the same transaction or occurrence.” 
    Commint Technical Servs., Inc. v. Quickel, 314 S.W.3d 646, 653 (Tex. App
     — Houston  [14th Dist.] 2010, no pet.) (citing Jack H. Brown & Co. v. Nw. Sign Co.,
    718 S.W.2d 397, 400 (Tex. App. — Dallas 1986, writ ref’d n.r.e.)

    The logical relationship test is met when the same facts are significant 
    and logically relevant to both claims. Commint Technical Servs.,
    314 S.W.3d at 653.” 

  49. aka Wells v Dotson

  50. I just read that in TX, the SOL doesn’t apply to a counter-claim “as long as” the claim which would otherwise be barred by the SOL arises out of the same transaction or occurrence which is the basis for the lawsuit.
    Who knew? Not I. See TX Civ.Proc. & Rem. Code Sect 16.09. Other states probably provide for this, also. The purpose is to prevent one side from waiting out the other’s SOL before filing suit. So, way I get it, but not from any case, is that if a bs loan (say) were made and the SOL would normally be up, one may still raise the bs-ness of the loan in a counter-claim. Two cases which discusses this in TX are Wells v Dotson, 261 S.W. 3d 275 and Hobbs Trailers v J.T. Arnett Grain Co.,
    560 S.W. 2d 85, 88-89. lay opinions only
    Happy New Year to all fighters and hopefully, a return to sanity in America! I’ve been out of it for awhile, so I need to scour LL to see
    if there are any signs of that sanity in the last year.

  51. Until We uncover the dealings within the derivatives market, We are chasing their tails.

    To say nothing of our own.

  52. OH , by the way , AltiSource (symbol ASPS) was down almost 8% just today in the market.. Now at $29 , was $163 a year ago… showing BIG volume on down days…

    You think that Wall Street maybe understands the game this company is playing and how fraudulent their dealings are?

  53. **Off Subject**

    I’m looking for comments regarding “AltiSource” , basically a one stop shop to launder stolen properties in the marketplace through Hubzu.com and other entities ,, the company is owned by OCWEN and used to have William Erbey as the chairman of the board of directors (stepped down when OCWEN was hit with the false acceleration complaints)… this company is also big into marketing notes/originations/portfolios to investors ,, although it seems like their one big project is to unload the garbage they bought from AHMSI onto someone…

  54. Im not an attorney but my home was taken via wrongful ACTIONS, implying standing
    This word ACTIONS, to act in certain capacities ( are they properly authorized) that causes a forclosure and a judgement against a person who could not defend because material facts were concealed from the court at the material time

  55. Pleading State Sponsored economic Terrorism (Banksters)
    Pleading Federal Sponsored Economic Terrorism Banksters.

    NEVER AGAIN

  56. I am it hard to believe that attorney are giving the court a reason to give the entity in court claiming to be the “holder in due course” that has No Standing this out. If they are not the correct foreclosing party but are in court claiming that they are, but somehow someone else is should not be a matter for the current case, because they are not in the court claiming ownership.

    If and I do mean if there is another claiming to be the owner then that party must be on the Note period. So to have the court not rule that the party claiming ownership but is not ruled to be so, has nothing to do what so ever with future events. Because you got a separated party that going to have to file a claim in court but that party is not in court at the moment and may ever be in court claiming, because they are not currently a party to the court action.

    Now unless the Note has at the time of the court action has listed another lender listed as the owner of the debt, there is no future action that should be expected. How is the court ruling that they may be further action by another when Bank A is in court currently saying that they are the owner. If not a factor that another false claim action occurs when we got a Note and title in court and it does not reflect another party other than who is in court, if there is in the current proceeding another listed as the “holder in due course’!

    So Neil saying that in the current proceeding that there is a possibility one or countless other to bring a claim of ownership??? So if your in court claiming to be owner of the debt, which can only be demonstrated by a valid Note and you claiming but you no a party to that Note as determine by that document, then what stop the granting of the properties to the owners? There is nothing else to take away ownership than who is entitled under the Note which gives life to the Title!

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