600,000 Unclaimed Settlement Checks and other news

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

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see http://blogs.wsj.com/moneybeat/2015/02/18/who-will-claim-380-million-in-unspent-foreclosure-abuse-money/

So it seems that the people who lost their homes through illegal or improper foreclosure practices cannot be found. More than 600,000 checks ranging up to $125,000 have not been cashed and are in the process of being reissued. Recipients may still bring claims for damages or even title, state law permitting. The point is that the foreclosures and the assistance to avoid foreclosure were conducted with faulty premises and improper motive. So the banks agreed to pay money with no prejudice to the borrowers who lost their homes. The interesting thing is the banks themselves have come up with those situations in which their practices are wrong. That is potentially an admission against interest — a powerful weapon to use against the banks that have already “completed” foreclosures that were either void (rescission was sent) or voidable (no proof of ownership, authority or balance).

see http://realtormag.realtor.org/daily-news/2015/02/09/1-in-4-foreclosures-are-zombies

The basic myth proffered by banks is that if we don’t allow their admittedly faulty and even fraudulent foreclosures to proceed, the entire financial system will collapse. This ignores the damage that happened anyway including upcoming announcements from pension funds that they won’t be able to honor pension benefits because of losses in mortgage backed securities. But more importantly, if the banks were telling the truth, why are they abandoning 25% of all the properties they foreclosed, most of whom were owned and might still be legally owned by people who sought modifications under which most of them would still be paying the mortgage (even if it is invalid); these properties are being foreclosed on tax deeds or even bulldozed — more than 100,000 homes receiving that treatment so far. Entire neighborhoods exploited and obliterated. How is that reality less important than the theory that the financial system would collapse if the big banks fail?

see http://www.jdsupra.com/legalnews/illinois-supreme-court-agrees-to-decide-65446/

And now the issue of who gets priority the condo association or homeowners association vs the bank in foreclosure. There are many cases, some of which we have handled where the issue seems to have been dispositive on whether the owner would settle with the association after the association foreclosed their lien or after the alleged mortgage holder had completed the foreclosure process but failed to keep the assessments current.

see http://www.reuters.com/article/2015/02/17/banks-regulations-jpmorgan-idUSL1N0VM3K720150217

And for all the efforts of the U.S> Government starting under President Bush and continuing under President Obama, the laddering, layering and leveraging continues unabated. The banks, if anything, have been emboldened by their continued success at creating illusion and perpetrating fraud. Chase is now listed as at high risk because their balance sheet contains mostly illusions of their own making.

see http://billmoyers.com/2015/02/14/needless-default/

The U.S> Government essentially made the decision that it was more important to save the big banks than to save the average American. In dollar terms this amounts to homeowners loss of around $15 TRILLION in assets, which now amounts to a gain for the banks and their co-venturers in the false claims of securitization.

see http://www.bloomberg.com/news/articles/2015-02-17/holder-asks-lawyers-to-pursue-bankers-in-morgtage-fraud

But now suddenly after years of inaction by the Department of Justice, Attorney General Holder breaks ranks and encourages lawyers to go after the big banks and especially the people who ran them and the U.S> economy into the ground.

98 Responses

  1. @iwantmynpv what about if your house was illegally sold by an Invalid Credit Bid by a person that had no legal rights?

  2. Yes JG…your friend is right. And yes my checks are all clearly marked that way on the memo of the checks.

  3. shadowcat – my friend says that unless it says (say) ‘November 1 pymt’ on the check, they may apply it to principle when it’s received before due. Don’t know how reliable this opinion is.

  4. Apologies for quoting it wrong, Neidermeyer,

    A is A.

    It is a simple truth with a strong impact.

    Trespass Unwanted

  5. @ Trespass Unwanted ,

    That was me with the A=A quote here a long time ago (the actual quote is “A is A”) but it’s not mine , I took that from “Atlas Shrugged” ,, you can boil 1100 pages down to that tidbit … after 8 long years I think we all know the truth , or at least enough to discern when we are being lied to… and we know that the truth we bring to the table is unshakable. Like the NYC/USA in Atlas this lie that is the making of the financial elites and their accomplices in the government will self destruct and eventually , with Gods help , we will rebuild the truly great society that we grew up in.

    My favorite Ayn Rand book however is “We The Living” ,,, a fictionalized story of her escape from Russia in the 1920’s.

  6. yes, ian, I understood the distinction you were making – it’s about membership or not and what no membership by anyone means. I’m telling you, I was on it a long time ago, but it generated little interest and went no where.

  7. Ohhh… Scott Anderson is real alright. I spoke to him personally multiple times as an Attorney representing Green Tree and Ocwen in a rescission case. A man with Multiple Hats and conflict of interest. I would love to see his ass nailed to a wall. Oh wait… I already did that! *Grins*

  8. JohnGault- I’m not discussing the purported authority or legality of MERS, Merscorp to act as the agent or naked nominee of a mortgage assignment without the note.
    I’m just pointing out, or underlining the fact that if judges are agreeing with the MERS platform and understand how it is supposed to “work”, the they should have no trouble understanding that if the previous assignee is not currently a “member” in good standing, then they cannot assign the mortgage out of their name and into the name of another. If I am the “owner” of a mortgage within the MERS system, it is me and me alone who can enter the necessary data to transfer it to someone else.
    If I go bankrupt, go out of business with no successors or assigns, or have my membership suspended due to failure to pay to MERS what I owe, then all mortgages are locked in the MERS system.
    Such was the case w Ocwen v. MERS. Also in that complaint was the statement that “Scott Anderson” (of Ocwen) was the only person authorized to act in Ocwen’s name. nye Lavalle found 41 different variations of Anderson’s signature. But no one ever found Anderson himself. Even NG remarked, to wit: “…… And Scott Anderson, if he actually exists as a real person”.

  9. shadowcat – I’m appauled by what you said. I mean, my first reaction is that just can’t be. You’re describing a serious racket imo.* But, even if you didn’t have the mailed coupon (which is news to me – people used to get a coupon book within a couple weeks of closing along with a first payment letter AT closing – so they knew where to send the first one in case the coupon booklet didn’t arrive by its due date).
    *I said (mol) I didn’t know about billing cycles and mtg loans (v. say ccards) and I can’t ‘get it’ right this second. But I do know how to find out. In the meantime, it’s hard to believe a payment received at the end of October for the November payment would appropriately be applied to principle. At any rate, I’ll find out soon as I can.
    As far as the coupon or stmt arrival date goes tho, it’s very likely no
    defense since one knows the payment amt. Oh, wait. I guess that’s not true if one has one of those heinous payment-option loans…?

  10. T.U. and J.G. same here. Servicer mails statements on the 1st of the month for a payment due that day. Statements arrive after the 10 day grace period, servicer refused automatic withdrawal to be set up on the new mortgage. So I mailed payment out on the 25th of prior month and. When they received it before the 1st.. They applied it to principal. Then the following payments went into a suspense account and never applied to anything except fees.

  11. “The case that was before the judge, I told them they had no jurisdiction to hear the matter. It was ignored, they proceeded anyway.”

    well, alrighty then: Lack of jurisdiction makes for void and is a matter that can’t be waived, even. Check. There’s no statute of limitations
    for void. People currently trying to create one, yes, but there isn’t one.

  12. “This land is your land This land is my land
    From California to the New York island;
    From the red wood forest to the Gulf Stream waters
    This land was made for you and me…..

    Nobody living can ever stop me,
    As I go walking that freedom highway;
    Nobody living can ever make me turn back
    This land was made for you and me. ”

    This is an old song by Woodrie Guthrie.
    It was just-about a second nat’l anthem, recorded in l944
    (and stop it, I was NOT around then, not quite). We did believe this
    land was made for you and me. Such an age of innocence…
    gone, gone, gone. Now it’s “gone where the goblins go,
    below, below, below, yo-ho….” Sigh. Peace would be a good
    thing as we go about our individual efforts to reclaim what is ours.
    Or, we are they, or at least a good (bad?) start. I’m just saying……

  13. What’s the quote?
    Never argue with “____________” people, they’ll bring you to their level and beat you with experience.

    Of course that quote can appear positive depending on who wants to hear it.

    I made a decision long ago on, that
    1. I would not let anyone pull me into a conflict I did not create.
    2. To remain peaceful, you don’t fight even when someone is trying to force you to fight
    3. I did not want to know legal things because I knew the golden rule and lived by it.

    I also decided that there are millions who do not have the mental fortitude to protect a right they have, and the saying goes if you don’t protect your rights it will be taken from you.

    I disagree with that, because a right is unalienable.
    I should not have to protect it, because of one basic truth.
    It’s my right. Someone may interfere with it, but it’s still mine.
    Someone may stop me from using it, but it’s still mine.
    I may never enjoy the right I have because of oppression, coercion, and/or duress, but it’s still mine.

    So I will not waste energy trying to get what’s mine or keep what I already have. I never lost it.

    Sort of like being tempted by the devil to jump from a mountain for a kingdom that is already his. (for those that read the biblical book).

    In other words I have the right to contract, and I DID, and the right to not contract (when someone came to steal what I contracted for), and I DID NOT.

    Many may have words for my decision but it was mine to make, a right I have and I used it, and still have it. Unalienable.

    And after all these years, the issue is still open and it’s been more than the standard 5 years and 6 year statute of limitations for other types of wrongs.

    There are many like me.
    We refuse to comply with an unlawful request, an illegal act.
    Peaceful Non compliance.

    We came here in peace, and if a group of bankers and their employees created a stupid oppressive game of theft, they cannot make us play. If we found we were pulled into a bad contract, it is void ab initio. Judges know this. They have no authority to tell me I have to pay someone I say I don’t owe, and they have no authority to send men with guns to make me leave a place I homesteaded in and toiled my life energy for over the years.

    As for the drama here, people pulling out their claws to tear down anyone who comes here for ‘help’, well that would be like a vulture scoping for dead carcasses, or a predator wanting to attack someone who is already weak.

    They’ll stay because the pickings are so goood here.

    I don’t know legal things and don’t plan to know.
    I plan to remain ignorant of the entire purported legal process of purchase and thievery.

    I thought the contract was legit.
    Everything I purchase is mine. I buy food, I don’t expect someone who wasn’t there to tell me i owe them for the food I bought.

    You sign a promise to pay.
    The put the amount in a computer, and change a balance sheet to increase their bank funds by the amount, then use what they increased their bank amount by, and they send details of the amount to whoever sold the thing. They then loan money against the amount they supposedly gave away by fractionalizing 90% of it. , and they come to you for the amount the just created plus interest they did not create.

    I didn’t know other people could interfere with the obligations of the contract I signed and make me perform for people I don’t know nor had a meeting of the minds with.

    The mortgage was specific about them selling the note or portion of the note, but it had no clause that I was responsible for anything they did with the note. That’s their business not mine.

    It was specific about trustee, and acceleration, and the judge that pretended to enforce it, got paid to hear hearsay. No testimony, nothing sworn, but representative who had no first hand knowledge and didn’t even bring anyone with first hand knowledge to the court to make the claim of loss of right or property.

    But neither law nor truth is tried in the courts.

    We can never be seen going man to man with the people who cross us by representation and flawed paperwork.

    It makes no sense to go to a court.

    Everyone is represented even when they are there in their own capacity, the court makes them ‘appear’ to be there.
    Judges represent the state, and don’t appear in their own capacity thus they claim immunity, when they can be sued in their personal capacity for harming a real man.

    But they won’t let a real man in court, they only let representative, make an Appearance, like ghosts or dead corpses.

    And the language is not something we know how to speak, and will not learn to speak properly it in 21 days.

    Their rules and procedures are specific, but they don’t follow their own rules and ignore procedures.

    They sign documents claiming to have the power to do things when the only one who can give them the power is the creator of the thing.

    For judges, the creator of the state can give them power, but if the people they judge against did not vote, nor vote for them, they have no power over the people, thus no jurisdiction to hear the matter.
    They are no one’s God, to render judgment unless we consent to their judgment.

    The case that was before the judge, I told them they had no jurisdiction to hear the matter. It was ignored, they proceeded anyway.

    They ignore their own rules and they ignore procedures. There is no immunity if they act outside the scope of their office, ultra vires.

    The entire game is rigged, and the only thing permanent is bankruptcy – they have a trustee to empty your estate and remove you from being the creditor of your life.

    We are the creditors for the government and the system.
    They cannot purchase a home. They made us into mules to transfer rights to property under shell corporations and shady business practices.

    They had no access to property until papers were signed.

    Money was created, they have ledgers of assets and liabilities, and they ignore their own bookkeeping.

    They created securities without our knowledge because we signed.

    They didn’t sign a thing.

    The someone pretending to be a judge, claims we owe the ones who signed nothing, who paid no consideration, but who claim an interest, and hold some paper with a promise made to no longer existing entities

    What is true, is true.
    Or as someone said here a long time ago.
    A = A.

    I know what A is, and what is on the other side of the equation is not A.
    It is not equal, no equity.
    It is not legal. No rule of law, no law of rules.

    I’m not going to give my soul to people I do not know and there’s a trail of paperwork that shows what they did.

    Snowden knows how to release documents that gets seen, but all this paperwork and all the information of the settlements and the US Attorney General is still acting.

    He’s acting like an attorney general that claims he can’t enforce the law.

    The people who helped appoint him are the reason he still has a roof over his head that has not been force out of his property by people with guns, making him leave, then sending tax forms to say he abandoned the property.

    Trespass Unwanted.

    All men are endowed by the Creator. Before there was oath, there IS the Creator.

    Everything is known.

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

  14. @neidermeyer the link was interesting as I know the guy on the right track, he not connected the conclusion of Wells Fargo and JPMogan, as Washington Mutual Bank (WaMu) in the Jul 31, 2006 mortgage servicing agreement not only had Wells Fargo service there loan but there were other lenders loans that WaMu was servicing out of the Milwaukee operation.

    It like impossible to prove a negative and to be taken to a mental hospital and you got the FBI telling the doctors your crazy, and now in a few minute your to make some clown doctor believe your not nuts is impossible.

    There are these agencies that have these loans wrap up in securities without having purchase these loans and now these other lenders have gone out of business. Before the crisis companies were not going out of business. Foreclosures usual are at a low, and look how hard its been with over 5 million foreclosure to get this crap cleared up, so in year past a handful of illegal foreclosure did not have a chance at being reviewed by a court.

    However I believe as Neil has come to the conclusion that I always had and this guy has, but the Holm and Franklin cases are huge, because they expose Ginnie Mae as Freddie who supposed to have purchase the loans but we know for a fact cannot by law purchase any home mortgage loans as the are not authorized by the Fed Gov to purchase them.

    I cannot see the Fed Gov being able to keep this under cover must longer because to many people have become educated to just how these MBS are suppose to work.

  15. also, ian, if the allegations in that case are factual, mers sure showed its true colors. Cutting off someone who services hundreds of thousands of loans does anyone and everyone a disservice (by their
    own version of their legitimacy). What a thing to do (if you’re m.o. is legit). I like the balance of harm discussion (a lot) and found other goodies at no. 49 – thanks. “recommended reading”

  16. Ian, from Ocwen v mers you ref’d:

    “In addition, …………….. Ocwen will be prevented from
    foreclosing on defaulted mortgages, and therefore
    will be prevented from recouping foreclosure sale proceeds
    (and – sic) various advances and other costs it has incurred in connection with servicing the relevant mortgages. ”

    What do you suppose it means that the servicer, ocwen, will be
    prevented from recouping f/c sale proceeds?

    recoup:

    1. To get back; recover or regain. recoup a loss; recoup one’s dignity.
    2. To gain an amount equal to (an outlay or investment). expected to recoup the development costs in three years.
    3. To restore; replenish.

    How and why will Ocwen “recoup” (get BACK) f/c sales proceeds
    but for this interruption with their mers membership? I understand
    how they can get back “advances and other costs”, but get back sales proceeds? Why SHOULD Ocwen get back sales proceeds?

  17. I was an Accubanc then National City Mortgage customer.
    (they changed their name and recorded the assignment with the new name, so I know about assignments)

    I was told I’d have no penalty for early payment and I paid 5 months in advance and I skipped a month without paying and by the second month was told I had a late fee when I didn’t pay.

    I asked why, because I had practically paid half a year in advance, and was told the max was three months in advance but I could not skip any payments.

    January payment could be made in December it was something people did for taxes and to have more mortgage interest deduction in the prior year or something.

    I had to resolve the penalties and was upset because they had two months that was applied to principal, and I wish they’d told me when I asked about early payment penalty that there was a maximum number of months to pay in advance and you could not skip months once paid.

    When I asked why they penalized me for early payment, the woman told me and said, ‘don’t do that’, she suggested I get an amortization table, and see how much I can overpay per month to get the same results.

    After that, my overpayment was not an entire mortgage payment, it was an amount that I had to specify to apply overage to principal

    Trespass Unwanted.

  18. Oh lordy i did not want to go with this but you made me Christine-
    The clueless im talking about is the fact that others see through a different ” lens” to you Christine so get out of their way and let them find out and learn what they must learn, consider you may not always be right sista, i mean who the hell do you think you are bashing away on here.., a lot lately, you do not know what im doing and how my case(s) sit, do you think i “reveal all” on here, i try to offer seeds to help others research to find out for themselves if it fits their case or is pertinent in some way which may lead to further research, its never wasted time if its for the right reasons,i have gone down rabbit holes yes p, but i learned in the process regardless, i put a positive spin on it, doesn’t serve to tear folks down, promise you, god knows its hard enough. I started reading here in 2009 and it inspired me to stand up for my rights and ive remained a reader and blogger, and yes it’s interesting, as NPV says, it sometimes demonstrates the epitome of human ego.we are all guilty.
    Oh and please dont pick on my Zen ok.🙏 onward. Can all stop bitching now maybe.

  19. Trespass Unwanted said:
    “I had paid NCM for January’s payment in December of the year in the before.”
    Can’t swear about mtg loans (tho don’t know why it would be diff), but if one pays a second amt after paying a, say, October payment, the second amt (even if it’s the same amt as a reg pymt) can (and will) be applied directly to principle reduction and not applied to the next payment if it’s received in the same billing cycle as the first payment. Learned that the hard way on a credit card some years ago. Thought I was pre-paying. I wasn’t, because my second payment in the same billing cycle which I intended as the next mos. payment went to prin reduction and my stinking next mos. payment was still due on its scheduled due date. Have to wait til you’re outside the billing cycle to pay the next month early.

  20. “You are clueless”

    You are absolutely right, Deb. Life is experiencing adversity, pushing forward, against and through it, observing change, looking ahead, finding solutions and adapting to evolution, all the while enjoying it.

    Yep. I’m clueless to the stagnating, miserable, blame-the-judge, blame-the-attorney, blame everyone in NG’s world, created for those who had already spent thousands in useless audits, peddled and sold by unknown with no name, no address, no record, yet allowed to sell through NG and openly endorsed by NG on Livinglies.

    I am clueless and I take it as a serious God-given-common-sense, badge of honor. I never fell for any of the crap sold here nobody won on. How much did you pay for a useless audit? Of course you won’t say! I talked to many and I have a list of 16 so far, who paid anywhere between $2,500 and $5,000. They got nothing in return but they will rip my throat if I dare talk about NG. What did you all sign to make you so scared to talk? Or do you still believe in a five-year belated Santa, despite the thousands of cases ruled upon and to draw from?

    I am really clueless?

    Things are moving fast. Very fast. Everything is going to be known. Attorneys using fear to make money will not fare well. Gullible people won’t either.

  21. neidermeyer
    The link is of use. To me and probably many others.Thank you.

  22. What happens if you were a victim of an illegal foreclosure but you weren’t with one of the 5 big banks guilty of illegal foreclosures?

  23. Off Topic:

    I just ran across this and I found it well worth my time… I think you will too…
    https://t.co/ggXz8plchM

  24. @ Christine – the site is kinda of interesting. i do not need help with foreclosure advice, so I really like the comments. Some are right, some are wrong, and some are just plain stupid.

    I do learn something new on every visit to this blog. For example: I now know what a “Spittle Bug” is.

    TSMIMITW

  25. I have two things that can help most, not all homeowners, that are currently in the foreclosure process. I paid to develop it, did the research, marketing plan, beta testing, etc…

    If i gave it away for free – how many on here would spread the word?

    Just a simply (I would) or (I would not).

    Guaranteed to help at least one million homeowners if teh house has not been resold at auction to a bonafide purchaser.

  26. I really like the saying
    ” there are some people if they dont know, you cant tell em”
    Bear in mind- not that i would, I’m picky

  27. Christine
    You are clueless

  28. Deb,

    Let’s see where you are here.

    You and I left it off with your 1099A and I told you what to do so that it did not become a tax liability. Simple steps. Oh No! You absolutely wanted a reportable 1099C! Not just an arguable 1099A! You wanted the real thing: a 1099C!!! Martyrdom of the once-homeowner taxpayer who lost it all. Some kind of a spiritual calling I moved away from: I’m not into masochism.

    Just like that Poor Pathetic Louise wanted to SUE Corelogic! For the sake of martyrdom and a platform on LL tyo tell her sob story. She was going to shoot herself in the thigh by suing Corelogic she knows nothing about, while in foreclosure. Corelogic was paying her R.E. tax, her insurance but… she was going to sue! Just for spite! “I’m a paralegal! I know it all! I will SUE!
    No F***g clue!

    So Deb, what do you do with an insulting check for $26.97 with a potential tax liability attached to it, according to that ominous letter accompanying it? Well… Does it adversely impact on your current case? Can it derail it? Yeah? Then, ignore the fricking thing and toss it!

    Otherwise, cash the damn thing! You will not get a 1099A, B,C or whatever for $26.97 it and if you did, big deal! IRS is actually going after humongous fish WORLDWIDE with billions of unreported gains and spending your tax money to achieve it and you won’t see a cent of it. Send a letter to IRS saying: “I don’t owe that and you have bigger fish to fry.” and be done with it!

    Do you guys realize what kind of a Twilight Zone you created for yourselves? My God! Brainless people are truly drowning in flea spittle, while following NG’s advice, they’re losing doing so and they completely do away with common sense?

    Maybe it is some “bird of a feather” thing. Well, lately, birds have been falling from the sky by the hundreds of thousands, nationwide (and no one has a clue why). Maybe the poor things were reading Livinglies and its bloggers.

    Flock. Fly along. Fall along. Drown along. That “Zen” thing without results is as bad that “Christian” thing without result or that “Brainwashed” thing without result. My God what has become of this country!

  29. Sorry been dealing with babies … I mean Rust ( rust consulting)

  30. So any thoughts on why rusk decided to re issue those insulting checks nearly 2 years after the first round of rubber ones . Why now, again, where do they get these silly numbers from and how do they decide who gets what ? Oh and do you declare it as a gain on your tax return? Im being facetious.

  31. The hyenas are all coming out at the same time… So predictable!

  32. How many people who have won cases come back here to help you?
    I can count them on one hand!!!

    Off all the Legal Eagles who came here to help you…how many are still here?
    I can count them on one hand!!!

    To many people want something for nothing and they are so hell bent to get it they drag many down with them.

    Sound familiar?

  33. They come back here to help you!
    TILA is the best weapon you have to fight the Beast!

    You can lead a horse to water but you can’t drink for it.

    To many Trolls on this site leading families down the wrong path.

  34. “LL doesn’t attract doers… just chronic whiners”….Hmmmmm

    I notice the consistency in posting even after endless negativity….it’s like the chick sitting at the table in a bar, whining: look at all these desperate people! Okay then what are you doing here?

    People here do not need to take advisement, just voraciously read, listen, evaluate and most importantly, gather facts.

    I am no expert, but each case is different and some insights on where to look can be revealing. Trust no one completely IMHO….know YOUR case and facts better than anyone. Consult multiple legal eagles, not all are capable, this is a specialized skill-set. If you have to go it alone, so be it. It is better to stand tall and try, than sit and do nothing, that’s what real losers do.

    A house is not a home; again, IMHO…and winning is a subjective value many times. If you have held on for years, the bank may have diminishing returns, you have been able “in some cases” to put some funds aside…move on, change is okay!

    Don’t despair, in the scheme of things these sociopaths will get theirs, one need not be be present to know that, wisdom, karma…happens every day.

    In case anyone missed it this country is in a sorry state…we are no longer living in a Democracy. The courts are “almost” unavailable to average folks. The pyramid is upside down….it will change, it always does. The whores are on the loose…cheap too

    E. ToLLe as always, a genuine pleasure, pragmatic and still acting with kindness and decency.

  35. “Nothing happens in a vacuum.”

    You’re wrong. Plenty goes on, you just can’t see it. Many Astrobiologists theorize, in Panspermia theory, that deep space, otherwise known as a vacuum, is filled with not only waves of various energies, but is teeming with microscopic life itself. The great Terrence McKenna proposed that psilocybin mushroom spores traveling through space are what gave us the conscious enlightenment that spawned intelligence and awareness, as well as the eventual attorneys….two out of three ain’t bad.

    You’re also wrong in your assumption that everyone should follow your lead in foreclosure matters, and that those that don’t are auto-losers. The discussions here on the various criminal enterprises and elements of the spree are not only interesting, but continuously open new areas of possible legal action and insights.

    What is known to be fact, is that everyone is doing the best that he or she can, given the circumstances. There is nothing wrong with that, or anything for that matter. Things do happen in a vacuum.

  36. Nothing happens in a vacuum. Looking at the sorry display on the internet equivalent of Reality TV, the following article from Ellen Brown tells the world everything it needs to know: the mediocrity of this country’s inhabitants explains all its excesses. No wonder it’s spiraling down at the speed of light… greed reeks from all its collective pores. Intolerance, self-absorption and self-centeredness are nauseating and fear is palpable. The perfect kind of people to precipitate the demise of an empire. They all contributed and… they are all trapped here! Don’t expect to be welcome in North Dakota: they don’t want spoiled brats. Only solution is to reproduce what it’s doing right. Nahhhh. Takes brains and action. Too limited a supply. The Chinese have a better chance to move in. And that, they are doing!

    http://www.opednews.com/populum/printer_friendly.php?content=a&id=188294

    The State that Escaped: North Dakota

    According to Demos, per-student funding has been slashed since 2008 in every state but one — the indomitable North Dakota. What is so different about that state? Some commentators credit the oil boom, but other states with oil have not fared so well. And the boom did not actually hit in North Dakota until 2010. The budget of every state but North Dakota had already slipped into the red by the spring of 2009.

    One thing that does single the state out is that North Dakota alone has its own depository bank. The state-owned Bank of North Dakota (BND) was making 1% loans to school districts even in December 2014, when global oil prices had dropped by half. That month, the BND granted a $10 million construction loan to McKenzie County Public School No. 1, at an interest rate of 1% payable over 20 years. Over the life of the loan, that works out to $.20 in simple interest or $.22 in compound interest for every $1 borrowed. Compare that to the $15 owed for every dollar borrowed by Anaheim’s Savanna School District or the $10 owed for every dollar borrowed by Santa Ana Unified.

    How can the BND afford to make these very low interest loans and still turn a profit? The answer is that its costs are very low. It has no exorbitantly-paid executives; pays no bonuses, fees, or commissions; pays no dividends to private shareholders; and has low borrowing costs. It does not need to advertise for depositors (it has a captive deposit base in the state itself) or for borrowers (it is a wholesale bank that partners with local banks, which find the borrowers). The BND also has no losses from derivative trades gone wrong. It engages in old-fashioned conservative banking and does not speculate in derivatives. Unlike the vampire squids of Wall Street, it is not motivated to maximize its bottom line in a predatory way. Its mandate is simply to serve the public interest.

    North Dakota currently has a population of about 740,000, or the size of Santa Ana and Anaheim combined. If a coalition of several such cities were to form a municipally-owned bank, they too could have their own low-cost capital funding mechanism, allowing them to escape the budget-sucking tentacles of Wall Street’s vampire squids.

  37. Gene- could I get a shared loss agreement with FDIC if I owned 1%?
    That would be sweet!
    Or do I have to be an insider to get preferential treatment?

  38. Hey Charles- if WAMU sold 182 billion dollars worth of mortgages for 1.9 billion, how come I wasn’t told about this? I could have bought 1 billion of the deal for 1.9 million. Yeah, I missed out big time .
    Keep me in the loop!

  39. Thank You… You proved my point spell checker…..
    Now pull your head out of your ass and go tattle to Neil .

  40. KrazyKat, learn to spell. Go away. You are no help to anyone.

  41. Crazy people don’t have attornies…. Know It All’s don’t have attornies.

    Why you ask?

    Because attornies won’t represent them.

    End of Story!

  42. Charles, Shadowcat’s other name is KrazyKat, and Gene, unfortunately has been taken for a ride.

  43. Shadowcat who are you this time? Sexual predator? How does this come up out your mouth as we are talking about people being screwed?

    Gene was simply incorrect on a major issue and that was that he still thought that JPMorgan had purchase WaMu loan, as I told everyone years ago that JPMorgan had not and could not purchase the loans because Ginnie Mae was in possession of the blank Notes.

    But how is this guy so stupid after the Holm & Franklin case to not understand that these were both WaMu that neither Wells Fargo or Freddie Mac could prove that they owned the loans! All part of the what left of the 1.3 million loan Wells is still servicing.

    How is Gene coming here asking for people wronged in getting a modification but he not aware the the largest service in the country is handling 1.3 million WaMu loans that any of then he would want you to admit you owe Wells on a new Note, when in fact Wells does not own the debt. So now your stuck in a modification without the ability to challenge if they have “Standing”! Crazy.

  44. iwantmynpv, have to agree with you, but I also think they are taking their marching orders from the Fed as well.

  45. Further clarification.
    How do you tell someone you didn’t pay someone any money because you don’t owe them and they haven’t shown evidence that you owe them, when they hold a computer with records that have modified the to appear to indicate you’ve been paying them for the entire year and then appear to abruptly stopped paying them?

    I never paid them.

  46. More clarification about that payment in Feb. It matters because:

    PNC sent information from their computers that they had received payment from Feb through Oct of tht from me when National City Mortgage was still existing and the actual recipient of the payments.

    The SEC documents on file for PNC clearly that show PNC didn’t take over National City Mortgage servers until the end of October (around the 25th day of Oct) of that year.

    There is no way they had or received payments from me in February when they didn’t take ownership of that arm of the company at that time.

    National City Bank having been handed to PNC, had a year to transfer assignment of all the property it may have claimed to own, unless it had decided the property was paid in full when it sold itself to PNC, and didn’t pass the obligations to PNC.

    PNC was like someone moving into an apartment and finding a book containing names and address of people who owed the previous renter of the apartment.
    Imagine finding someone’s obligation book with names and addresses and amounts owed and calling them up and saying, hey, you owed Botham $50 and so from now on pay me what you owed Botham as I have information he left saying you owed him money and I have an interest in receiving that money.

    That’s why all that information in their databsses is hearsay, there is no one to tell you how that information ended up in their computer systems and how the obligation from company A transffered to company B without supporting documentation.

    The prior year’s double payments did who NCM, but the later year, PNC had two months and late payments from Oct to claim, not the whole year.

  47. To respond to the statement that Trespass probably hasn’t passed anything to Gene.
    Trespass has not.

    Trespass had National City Mortgage,
    PNC bought the bank part of Nationaly City a year prior to purchasing the servicer.
    The servicer stole my property and in the nonjudicial state, the title would be clearly clouded without the needed assignment from National City Mortgage (NCM) to my property.

    I gave Elizabeth Warren info probably from a post you may have put here to pass our info to her.

    The court filings had Power of Attorneys notarized with no signatures granting power from anyone to anyone.
    That was the first clue it was void.

    I had no assignment,
    I had no notice of default.
    I had paid NCM for January’s payment in December of the year before.
    So the following year the payments started with Feb.
    I got a letter in Oct not to pay NCM to pay PNC and I sent a second payment in Oct to NCM which would have covered Nov.
    I also asked to know who the company was, that used a NCM letterhead to tell me to stop paying NCM but pay someone else.
    I started getting responses from PNC.
    I would not pay PNC a dime, I didn’t know them, we had no meeting of the minds, they had no assignment from National City Mortgage for me to trust I owed them anything and I could not find anyone with NCM to tell me what was going on.

    So PNC people kept saying they had an interest in the property and stole it.

    There was an “to be sold as is, no warranty” acceleration posted by a supposed Substitute Trustee, days before they supposedly became the substitute trustee, as in Acceleration posted in the public by One stating they were trustee on that (making up a date) 11th of the month, and then on the 15th of the month the supposed trustee recorded a document to become trustee.
    (you can’t exercise a power nor authority you don’t have)
    There are many other things wrong with the case, but Gene did not ask for that so Gene does not get what he doesn’t want.

    $300 is not a settlement, and I did send the check back and about three or maybe four months later it was reissued (cause I defaced the first check when I sent it back) and I refused the entire envelope.
    Just wrote a great big……Refused…..and dropped it back in the mail box.

    Over time, they may try to act like I have ‘unclaimed property’, but I will NEVER claim that as property, EVER! EVER!
    I used a lot of life energy to own that property before 30 years.
    I didn’t play with it like an ATM, I didn’t take any equity out.
    And I kept it looking so good, when it was appraised 6 years after I purchased it, I was told it still looked new.
    It didn’t take long to find someone who wanted it after I was forced out.
    I’m not mad, but I did not want to move against my free will.
    I chose to live there and wanted it to be my choice when I didn’t want to live there.

    I’ve always known there is no statute of limitations on Fraud.
    They need so many to declare bankruptcy to clear it up,
    so many to accept checks to clear it up.
    So many to appeal and let a second opinion (cause it sure ain’t law) clear it up.

    I was robbed and I am not going to beg anyone to give it back.

    They know who they owe.

    DOJ is trying to close up loose ends to clear out the straggling obligations. Whoever is holding my property on their books, with the accounting of what I put into it when I would not give them any more. They owe me, and treble damages for robbing me, plus what they are receiving for use of my property I DID NOT ABANDON, as IRS wanted to have a record of with a return for the 1099 they sent out.

    They DOJ knew in 2012 a mortgage task force was created, and he thinks they’ll pull something together in 90 days? They had better already have something with all the complaints people made to his department as well as the Attorney Generals of each of the 50 states that made them come up with a Mortgage Settlement, but only 49 states signed off on it, California did not sign and Texas was signed by some attorney, with a BAR card number, who was from El Paso, and who was not an elected representative of Texas so surely could not sign a settlement that could be enforced on anyone in Texas.

    Texas had a foreclosure moratorium and even wrote cease and desist letters to specific banks, and of course the infamous Fed Res cease and desist letters that specific CEO’s signed and still violated, but tried to do their mortgage settlement.

    There was a lot of layers to their theft and I did not play.

    Correction: I opted out when I said, Game Over, thou shalt not steal.

    Satan may be deceptive, but even he knows the importance of contracts. He doesn’t take a soul until the One who’s soul he’s taking agrees to have it owned by Satan. So his minions cannot steal what is not offered up to be stolen. As in, “If they want it, come and get it!’ That’s an offer even though it’s a challenge indicating a conflict will ensue, it is still an offer open for acceptance.
    Angelheart is a movie showing the obligations of contracts and how they can and will be enforced at the esoteric level.

    I didn’t sign a darn thing that said, I agree to labor for this thing and you can take it even if I don’t know you and never had a meeting of the minds with you.

    Justice will be served.

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

  48. NPV,

    “Has been”. Doesn’t mean that it is set in stone forever. I applaud people who do something to effect change. Too many back seat drivers in this country…

  49. Gene, unfortunately, the DOJ has been taking its marching orders from Treasury when it comes to financial insitutions.

  50. Any attorney or legal expert/paralegal worth their salt
    Would 1. Not tout on here for business
    2. Would be too busy to get into such silly argument.

  51. Gene..pay no mind to Charles. He lost his homeout.doreclosure in 2011′, that says it all. He lives in a pipe dream where he actually has convinced himself his bogus whistle blower claim will make him a millionaire. He always attacks those who disagree with him. He is also a sexual predator.

    Charles.. Don’t let the door knob hit you in the ass on the way out.

  52. Gene.
    I emailed you summary of my story/information. Please reply back.

    PS. Get some thicker skin.

  53. Gene don’t let the door hit you on the way out, see you!

  54. Charles,

    I am going to allow myself to get pissed off which I normally avoid doing, but in this case, to hell with it.

    You are a conspiratorial idiot like so many here. You listen to the b.s. theories of NG and add your own to them. Then you promote them here, and unfortunately, some people listen, try to argue this stuff in court, and then lose their homes.

    Why do you think NG writes this stuff, and then tells you not to use it in court? Oh that’s right, it is all a conspiracy because the judges have investments in lender stocks so they will not rule against lenders. Do you know how ridiculous that excuse is?

    When people like tnharry and Rock tell you the truth, none want to listen or believe. Instead you want to ignore or belittle.

    You claim that I don’t know anything about this stuff and/or misrepresent what I write. The problem is that you don’t know 20% of what you claim to know. The worst part is that some people have come to this website and listened to people like you and NG and then tried the arguments in court. And they lose their homes. Oh, it is fault of the attorneys or the court. Your arguments cannot be wrong.

    Do you have any idea what people in the know think of this website? If not, you should find out. They all believe it is a joke and the people who post time and again are idiots and fools.

    Congratulations to you. I will make you happy and let you know that I am now totally through with this website and trying to let people know the reality of what is going on. Rock is right. It is not worth the effort.

    Instead, I will spend my time genuinely helping people in trouble to save their homes, providing homeowner attorneys with the tools to successfully defend against defective foreclosures and modifications and to develop the new tools needed to prevent this happening again, though it will happen again because of human nature, lender greed, government policies, and yes, homeowner stupidity.

    Goodbye forever.

  55. As usual, group therapy is in full session. Anybody cured yet? Better question: anybody contacted Gene with specifics and supporting documents?

    When opportunity knocks, don’t let it escape. If you do, it won’t knock again at your door, ever. It will knock at your neighbors’. And then, you’ll hate them for having grabbed onto it and gotten where you wish you had. Smarten up, people.

    Oops! I keep forgetting… The game is rigged, all attorneys are out to get your money and all judges are corrupt, sold out, paid for, in the back pocket of politicians and big corporations, etc.

    I bet Charles won’t contact Gene. Nor will Trespass, Louise and the likes. LL doesn’t attract doers… just chronic whiners.

  56. Gene you know not what your talking about, JPMorgan did not purchase the loan from FDIC as people thought and this matter came out last year and JPMorgan after their $13 billion settlement with Justice Dept is now suing the FDIC.

    What you don’t understand that the Ginnie , Fannie or Freddie loan that Wells Fargo was servicing were and are in these agencies MBS and don’t belong to the lenders as they are suppose to be the underlying collateral for the freaking MBS. The loan are endorsed in blank and are a remote bankruptcy procedure in the event of a bank failure, to keep them out of the hand of a bankruptcy court.

    FDIC did not sell these loan. In Holm and Franklin Wells Fargo was the one who foreclose and these are the Wells Fargo service loans of WaMu. There a letter that Wells Fargo has written that they do not own the loans of WaMu and they belong to Ginnie Mae.

    You have no ideal how MBS work and should not be talking about stuff you don’t know. The Ginnie Mae loans are not are part of a trust like other securities. Ginnie Mae MBS are not like Fannie and Freddie where these two purchase the loans and creates the MBS and sell them to the investors, where as the lender creates the MBS and sell them to the investors and Ginnie is only the insurer!

    The lender when creating the Ginnie MBS must relinquish the blank Note for the underlying collateral and Ginnie is in physical possession so the lenders cannot sell the loan (that the purpose of relinquishing them). Well along was servicing 1.3 million loan and at $140,000 you got $182 billion that you think the FDIC sold for $1.9 billion?

    Do you think that the three big agencies are allowing there loans to be sold by the FDIC and they are out of luck? It did not happen the way your saying and that was 6yrs ago and that why people are still being screw! I subject you understand mortgage lending if your giving legal advice!

  57. Charles Reed,
    Neither Law nor Fact will be tried in court.
    That’s a maxim or something.
    I first heard it from the guy that does the syntax of the language.
    He said no one goes to war over a math problem.

    A court will never hear law nor fact because there is no dispute, it’s definite.

    Who would argue natural law in court, and who would argue the fact that MERS had no standing and the people that created MERS have no right to steal property using the fictitious name that is always represented by people not properly appointed by any of the people that created the thing.

    all those appointed people are self appointed or appointed by someone who did not have appointment powers.

    Like an employee of a bank signing an affidavit that someone else has the right to sign for MERS when behind that,there is on power of attorney, nor is there a hold harmless agreement with the corporation that would protect them if they get caught doing it.

    CEO’s have hold harmless agreements with their board of directors and the board of directors probably have one filed too, but that’s business to business.

    We have real men and real women who have some color blood flowing through their veins, playing monopoly on a board, and if a token lands on their game board, they are going out in real life and affecting real men and real women taking property claiming they were owed some invisible money that doesn’t exist.

    They pretty much said, we were to slave for the idea that we could use their unbacked paper to own something and then they make more unbacked paper and sell it to other people, and then come back and pull all their papers back and then take the property.

    Thieve’n Hobbits’ez! Theys stole if from us!
    My Precious! Gollum!, Gollum!
    (semi-quoted from one of those movies in The Lord of the Rings series)

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

  58. Charles,

    The Mass Settlement was based upon Ibanez, which was a case specific set of facts. Under Ibanez, the Assignments were executed to the Trust after the foreclosure was held. But the Court held that if they had been assigned prior to the start of the foreclosure, the foreclosure would have been fine. The Court also ruled that ownership of a loan in a Trust could be proven by other means than an assignment, but that is never mentioned either. However, under MA foreclosure law, the assignment was required prior to the foreclosure. (BTW, Ibanez did end up back in foreclosure.)

    BTW, everyone proclaimed how Ibanez was a new day and would change the way things were done. Just likeit was said about Glaski. Did not happen.

    The Service Members fell under the Service Members Relief Act, a completely different regulatory scheme.

    The FDIC took WAMU over and sold it immediately to Chase. WAMU loans went to Chase. Where arguments are made and are failing is that there was no Assignment to the FDIC and then to Chase. These are garbage claims and nothing more. They get tossed by the courts when lawsuits are filed in CA.

    You want to argue WAMU and MERS. Get your facts straight. WAMU originations never used MERS to register loans. If Mortgage Bankers used MERS, then MERS practices in CA and in most other states is lawful. There may be differences in foreclosing in MERS name in some states, but the MERS arguments are done and finished for the most part.

    BTW, the use of MERS did not run through the lender. It ran through the servicer. If a servicer was not a member of MERS, then the loan had to be assigned from MERS to the Investor. If the Investor was not a member of MERS, then as long as the servicer was a member of MERS, the loan could remain in the name of MERS.

    Answer this……why are the MBS investors not using your Note and Deed arguments to get their money back? Or are they just too dumb to understand this?

  59. Gene look to the Massachusetts settlement with the same companies you going after were they agreed to $2.7 million fine and to fix any and all bad foreclosures and titling issues, where it take out the change of a suit being started at the state level because the state provided a no cost to the victim solution.

    A modification was never a part of the loan contract and it all about how had the right to process the modifications. What harm been done is key here and what obligation did the servicer have in providing something that was not mandatory. So what are you arguing for a modification to be given, or saying that because a modification was not given that there was damage but what really the damage in a person who claiming to be defaulted and the lender foreclosed? What they equity that a person who behind on payment have?

    The money is that they wrong party had “No Standing” and took the home and there is not change of another claiming the debt as it is with Wells Fargo dealing with WaMu loan.

    Why did the Fed Government get a settlement of the 952 servicemembers is $119 million plus equity and interest owe? It because the loan did not receive full due process and have a judge review the fact. All the case were in non-judicial States, and the same principal applies in the Ginnie Mae pooled loan that a judge must review the case because Washington mutual Bank no longer owns the loans as they are dead, and without a purchase occurring there is no owner of the debt.

    Ginnie has already admitted to not owning the loans and Wells Fargo admitted to not owning the loans, so who foreclosing and how? The answer is that they fraudulently foreclosing using MERS to act as if they have authority, but MERS only had authorization if WaMu had the Notes which gave power to the titles. There can be no action MERS can be involved with if the holder of the Note is not a member of MERS, but must own the Notes and debts.

    It amazing that the legal profession does not know the rule of law!

  60. Charles, you can quote a couple of fact specific cases here and there but the facts generally don’t apply to most cases.

    Why do you think you know better than the major law firms who are engaged in the billion dollar actions?

    $2.95 million? Try $15 million based upon what I found in analysis. And of course that does not include this case or others I have provided work in.

    (BTW, i am not an attorney but I do the analysis and case consulting.)

  61. Gene I guaranty that within a month Wells Fargo will settle this matter as the stupid attorney will have failed to follow the money. They need to stop the bleeding and work a deal out with the Fed Gov to stop these class actions that are coming. They need to take all the victims out of play and pay them as little as possible just as they did the 952 servicemember at $125,000 a pop instead of a possible $2.95 million in the Holm case. Have you won a $2.95 million modification case Gene?

  62. Gene if you not notice the two cases were Freddie who can purchase loan could not prove they own it in the Holm or re:Franklin so that two victory that says you wrong on Ginnie Mae who tell the world it does not ever purchase the loans. So as the blank Notes are relinquished to Ginnie Mae at the very start of the pooling of the MBS yet they not purchase the debt, are the Notes and debts separated just as in the Holm & Franklin cases. In both case it is Wells Fargo who is the servicer and both loans belonged to Washington Mutual before they were seized on Sept 25, 2008.

    The point being is that just as the 952 Servicememer to get paid, it was in non-judicial States and because there was not full due process the bank had to pay up. Why do you think Wells Fargo no finish settling like the other three big banks?

  63. Charles,

    1. We know what we are doing with the HAMP action and we know all about the different practices.

    2. As to the Note and Deed being separated in Ginnie Mae MBS and no authority to foreclose, give it a rest. There is no validity to that argument at all. It has been discussed time and again by the knowledgeable law firms who engage in these actions all the time and they all say that it is not valid.

    But then, maybe you just know things that others don’t. Heck, you may have even stayed in a Holiday Inn Express last night.

  64. If you looking for HAMP malpractice then look at Wells Fargo’s handling of the VA HAMP were in fact if you applied for the Feb 1, 2010 effective date they did not even start up its VA HAMP program until after Aug 8, 2010, but against the rules they continued foreclosing without having start underwrote the request for the modification.

    Once these loan were in a Ginnie Mae MBS there was no authority to modify or foreclose because there was a separation of the Notes and the debts, meaning the title were not valid because it was impossible for one entity to have both the Notes which were blank endorsed and the debt as the blank Notes were endorsed over to Ginnie Mae who does not purchase any home mortgage loans!

  65. Steve,

    Whether Ocwen or another servicer would have liability s once again, a case specific action. Generally, no liability would exist for the new servicer, but there are situations that could be alleged.

    Under the Master Servicing Rights Sales Agreement, a servicer is not liable for previous actions, and if a servicer suffers losses from litigation, etc., they can demand remedy from the previous servicer for the losses. So there would be no liability.

    However, new servicer violations could occur based upon old servicer actions. To provide a couple of recent examples.

    A homeowner had been trying to get a modification for the last 15 months, with the servicer continuously delaying any decision. The servicing rights were then sold while the mod processing was still ongoing. The new servicer did not continue the mod process, but just dropped it completely. Several months later, they initiate default proceedings.

    Under state and federal law, the new servicer had to continue processing the modification. But the previous servicer did not provide the loan files and tapes in a manner that the new servicer would know a mod was in process. So through no fault of their own, they were set them up for liability by failing to proceed with the mod.

    A liability can also be created through the Servicing Rights Sale in another way. If a servicer is required to be a part of any settlement agreement or other regulatory action, the sale of the servicing rights does not negate that obligation to the new servicer. They must follow the same regulated procedures and processes, or face liability.

    So, though technically the new servicer could not be directly held responsible for a previous servicers actions, there are situations whereby they have increased liability from those actions.

    This is why my attorneys always look to include the previous servicer in any action.

  66. Steve,

    Send him your CDs. Or… never know what could have been.

  67. Gene,
    that sounds like good news. The cases are public so you aren’t asking for anything that isn’t already out there, which is cool, and this is a good sight to seek the info specific to the cause of action.

    Mine was stolen, no mod would I enter. So I’m out of this act.

    As for the settlement check.
    I’ve sent it back twice ‘refused’.
    I sure hope they aren’t trying to get me to cash that thing.
    They tried to get people to cash them by dropping news that the checks were bouncing, and curious souls cashed the checks to see if it would bounce.

    My little comprehension of contracts is that a check is ‘final settlement’. if you accept it and cash it, it closes all recourse.

    If there is no statute of limitations on fraud, and no court would hear the case properly, I figured I’d just ride out the consequences.

    At the bottom of the issue is the home was stolen, the title company lied to the people living there now, someone got paid for a home I don’t have and shut down their business, and someone is getting paid for a home that still belongs to me, so if there is any money to be paid, I’d think it would be all the money I paid for not having the home, and all the money paid for my property that I had been forced our of, and that darn check…………to let the bank decide the settlement amount based on what they wanted to say was how they robbed me, was pure stupidity.

    Sorry chicken, we ate your chicks.
    If we admit to eating your chicks our liability is great.
    We will admit to ruining your nest and give you an unfertilized egg as final settlement cause we get to decide the damage done to you, and decide what to give you as a result of that damage.

    You don’t want the egg, well we’ll wait a year or two and send you another one, we are trying to convince you, that you have to accept our settlement, cause we keep sending it to you, even though you didn’t accept our theft and legally no one can decide your damages if they don’t represent you, through an offer, an acceptance, and a meeting of the minds.

  68. Thanks Christine.

    I don’t have anything to lose because I don’t have anything to offer. Still occupying my parents basement so to speak. He is more than welcome to look over my loan. All is on CD received from lender.

  69. Steve,

    Even if you think you’ve gotten as much as you could, when opportunity knocks on your door to change the landscape for others, grab it. There is always a reward in going past self interest. I know. It works. Send Gene your file if you still have it. What do you have to lose?

  70. That’s what the lawyers tell me Gene, thanks. I was actually bringing the attention to the predatory lending since the announcement in 2008 and even tried to find a lawyer to go after the mortgage brokers error and omissions insurance. Too much volume, too much blame (my interpretation). Ended up getting burned by three different fake modification rescue help places.

    No I can’t personally afford to chase this anymore. Left out I was one foreclosed in 2009. Already got my silly check from the AG Ocwen settlement. I do have one last question if you don’t mind.

    Why was Ocwen liable for actions that took place under another servicer? Or why is any servicer liable for the actions that took place under another servicer. Gets confusing when things change hands.

  71. Steve,

    Generally speaking, Congressional testimony etc is not going to mean a thing. You can introduce it under Judicial Notice, but contents of the testimony is not accepted as being accurate.

    Arguing Predatory Lending going back to a loan origination in 2006 would be extremely difficult due to Statute of Limitations. People talk about “tolling” but the argument is extremely difficult at best.

    Where people are having success now is attacking the loan modification process.

    Just go for getting a decent modification with any litigation. You don’t have the money to win against a lender otherwise.

  72. I’m with you on that Gene. One last question.

    Would it be of any benefit to a borrower to bring recorded statements or a record article from the Congressional record supporting these actions were forewarned taking place long before the borrower inquired about buying a home? I ask because in a past court hearing I brought pages of supporting evidence from the internet. The defense argued the internet was hear say. The judge said,”No. I will determine what is hearsay.”

  73. Steve,

    The genesis of the Housing Crisis goes back to the Great Depression and the response to that housing crisis. When you look at the actions taken, and then subsequent events in housing from a historical perspective, then this was all inevitable.

    What is worse is that we are further sowing the seeds of a new crisis within the next decade or so. And it will be worse that this one.

  74. Rereading Gene post, it’s bigger than simple class action. It’s D.O.J. action. Go for it, people.

  75. I understand Gene, everyone’s story is different. Odd you mention the Option – Arm. My loan was an Arm. A first with no second and a 64k down in Aug. 2006. It was also an outright liars loan perpetrated against me. I learned the hard way that some people show they must have known and others flat out didn’t. I’m not trying sum up predatory lending in one explanation. However, I was thinking, it may assist someone by pointing out these predatory loans were long being addressed or in existence prior to the borrower even considered buying a home.

    Heck, I didn’t round up all the sheeple and call it a crisis. 🙂

  76. Christine,

    We are looking for both. It all depends upon the fact set.

  77. Steve,
    HOEPA loans were a distinct class of loans very seldom made. They had Points and Fees greater than 8% on 1st Mortgages, and APR was similarly affected. (Complicated to explain the APR calculation.) If a loan were HOEPA, it required additional disclosures and had a greater liability. It did require that the lender determine the ability of the borrower to repay a loan, but that was not followed.
    BTW, NG represents that 12CFR 226.34 states that a lender must determine the ability of the borrower to repay a loan, and he is correct. But he “confuses” the issue because 226.344 only applies to HOEPA and nothing else.
    Lenders did not do HOEPA loans, except for Hard Money Lenders. Even then, they tended to avoid the HOEPA loan because the liability. The “liability” is that there is no “remedy” for a HOEPA loan other than to modify, do a new loan, or write off the HOEPA loan and reconvey.
    I have seen perhaps no more than 25 HOEPA loans total. All but three were from one Mortgage Banker. The Investor who bought the loans did not catch on that these were HOEPA, and it turned into a huge case that I came in to assist. When I identified the loans as HOEPA, the case was won for the lender and the Mortgage Banker bought them back.
    The other cases were seconds that when I found them HOEPA, they simply reconveyed and wrote them off.
    Predatory Lending is not a simple thing to identify. It consists of many different scenarios found in a loan, underwriting, or misrepresentations of the loan, but just one variable does not make a loan predatory. It depends upon the entirety of the loan origination.
    I have seen legitimate cases of Predatory Lending, especially with the Option ARM Mortgage and I have seen fraudulent claims of Predatory Lending. I had one case where a woman came to me with a loan in default, an Option ARM Mortgage, and she wanted to file a lawsuit for Predatory Lending, among other things. I looked at her loan application, property profile, credit report, and I realized immediately that she had been using Option ARMS since the mid 1990’s and knew what they were about. I did not take her as a client.
    Just this week, I had a client who had an Option ARM. With her, upon looking at the documents, I quickly realized that Predatory Lending did exist and she had no idea what had been done to her.
    It is wrong to say that people are “deadbeats” simply because they are in default. Some truly are, but most are not. And today with the economic situation, more reliable homeowners are going into default.
    Everything is based upon the totality of the circumstances and the fact set.

  78. I’ll send it again. The fed case and appeal case are pretty clear. Are you looking for people bamboozled after having been offered a mod or denied on wrong pretexts beforehand?

  79. Christine,

    I cannot find your stuff on my email. Probably deleted. If you could resend. Also a brief synopsis. I will not be deleting on that email.

    I have been at this since 2007, and for the first time I see a bit of hope. Will the servicers change their practices? No, but at least it will be one more bullet in the gun.

  80. Gene, I was at https://www.congress.gov/ searching under predatory. From oldest to newest that was the first one I came across. My intent wasn’t to list that one article specifically. There too many record articles under predatory lending from that point forward to list them all.

  81. Gene. I will contact you over the weekend. Hopefully I can help. Yes I will make a very good witness. Although travel is difficult me.
    The denial reason I remember the most was the joke “investor deny”. They refused to tell me who investor even was the first two years or so.
    Also they sent me ridiculous $2000 check I never even requested, because they knew they lied. They should have sent me $125,000.

  82. Gene,

    My mistake and my apologies. You have my case. I do have the letters denying me way back then. Am I a candidate?

  83. This is not a Class Action. It falls under False Claims. The Whistleblower (not me) gets the money. Think some of the DOJ actions.

    There may be situations where homeowners who provide their cases could be helped, dependent upon how any deal is structured.

    They are looking for good cases and possibly homeowners that could testify. My job is to find the good cases. I will assess, determine if it fits the case parameters, and then right up the issues. (No, I will not get rich on this, sad to say for wifey.)

    Javagold,

    Your situation may be the type of case that would interest the DOJ.

    Heck, I put the wrong email address. It is

    genepatrick101@gmail.com

  84. Java,

    Gene gave his e_mail. Contact him directly.

  85. Gene. I believe my 8 modifications denials by WFargo may qualify with your program. Plus all the fraud in the paperwork, Robosign, wrong NOD balance…. Have proof of all the above, except for first 1-2 mod denials which I was ramrod by WF on telephone at the very beginning, right after Obama was on TV saying he would save 10 million foreclosures.

  86. For all those long time Livinglies followers, NG has been advocating for years initiating class actions. He is a proponent of them and has talked about them in all length forever.

    It is unfortunate but class actions are among the few ways we have left, as a society, to make or break any situation gone too far and out of hand. Putting a class action together takes an enormous amount of time and effort, from many people and from many different states. “Class” means that so many people were adversely affected by the decisions of the few nationwide that… it can’t remain unresolved and serious action must be taken. Class actions have a role to play. They work were petitions fail: they force change by hitting corporations where it hurts the most. Their profit.

    I don’t know Gene personally. Never met him, never talked to him, wouldn’t recognize him in a crowd.

    To the extent that a class action will help change the political and financial landscape, I strongly recommend people contact Gene.

    Will it make him rich on your back? No. He’s an expert. A guy who will testify in court to what has happened, based on thousands of unpaid hours of gruesome work, pouring over document after document, sorting through them and organizing them before being acknowledged and recognized by the court as having something to say worth listening to.

    Only once recognized by the court can a true expert start making a living. Soliman/Master Servicer, Nancy Drewe and many on this site, endorsed by NG, made thousands from unsuspecting, desperate and gullible homeowners in distress by stating that they were “experts”. They never went to court for a single one of them. They capitalized on distress and gave nothing in return. Gene doesn’t: you pay nothing.

    Gene is offering you freely (as all class actions offer) what NG endorsed all along. Look into it. What do you have to lose?

    Personally and unfortunately, only one of my players (a minor one is his action) is on that list. Otherwise, I’d be jumping all over it. Everyone of the 54 (3 resolved their case in the past weeks) I help will be sent this post. And I won’t make a cent, whatever they decide to do.

    My take. Think, people. Think.

  87. Steve,

    You are talking about HOEPA loans which are an entirely different animal. HOEPA only applies to a certain class of hard money loans.

    But you know that…..

  88. https://www.congress.gov/crec/2000/04/12/CREC-2000-04-12-pt1-PgE541.pdf

    INTRODUCTION OF THE PREDATORY LENDING CONSUMER PROTECTION ACT OF 2000, H.R. 4250

    “The problem of so-called ‘‘predatory’’ lend-
    ing has reached near epidemic proportions in
    recent years, robbing millions of American
    households of the equity in their home…”

    “Our legislation, the ‘‘Predatory Lending Con-
    sumer Protection Act,’’ responds to wide-
    spread evidence that so-called ‘‘subprime’’—or
    high cost—lenders are systematically targeting
    homeowners with low incomes or damaged
    credit histories (subprime borrowers)…”

    “HOEPA …It prevents lenders from making loans with-
    out regard to the borrower’s ability to repay
    the debt, ”

    Still puzzles me how even the 2005, 2006, 2007 borrowing deadbeats are to blame after this knowledge was available SEVERAL YEARS before they had the idea of buying a home.

  89. Speaking of those checks… The 3rd check arrived today. Again my husband will VOID it.

    They won’t take our money… What makes them think we want theirs?

    Hell on Earth has just been released..and foreclosures are the least of the problems. China dumped 778 billion in US Treasuries. .. Every country is in an economic state of collapse.

  90. Okay everyone,

    I know that many think that I am a shill for banks, etc. But not at all.

    I am now onboard as an expert witness/case consultant for a Law Firm working with a huge DOJ action.

    I have been asked to prepare case synopsis on loans where:

    1. Borrowers have been foreclosed upon when in Modification Processes and actual Modifications.

    2. Long term modification efforts for several years and nothing done.

    3. Abusive practices in modifications of severe nature.

    4. Trial Payment Plans issues and after payments, denied. Especially where payments have been extended for over 3 months.

    We are looking for cases involving to begin, but will accept the other big ones.

    • Nationstar

    • Ocwen

    • The rest beginning with Wells and B of A. (IndyMac and Chase if you have them.)

    There is no charge on the workups. I will be reviewing the case and doing bullet point workups. We want cases with modificatio issues and/or foreclosure under modifications

    There will be no other issues considered.

    I am preparing a release for homeowners to sign allowing the case to be submitted to DOJ. (Then those who participate will find out who I really am at that time.)

    Anyone who could fall into what we are looking for is welcome to send me info. I set up an account to handle emails from those interested.
    GenePatrick@gmail.com

    What can ultimately come of this for homeowners is unknown. But it is the real deal. The DOJ will know about the cases and what was wrong with the mod and foreclosure processes, along with the documents to prove the case. And then they will do what they do.

  91. “People have had adequate warning to prepare themselves for conclusion events, certain to occur with fireworks. The USDollar is soon to fade into oblivion. Its rise signals its demise. The hidden dismantle of the Petro-Dollar mechanism has been full of intrigue. The Gold Standard will return, but through the trade window. The solution to the untreated Global Financial Crisis is the gold route.”

    See more at: http://thedailycoin.org/?p=19311#sthash.0D92iWy7.dpuf

    I shall stop here, before the fearful come out of the woodwork and start gnarling. Foreclosures are the least of anyone’s problems and nothing that was done will be undone: it simply is not feasible. Those who lost need to put it behind; no point in fighting retroactively. The house is not coming back. Those who plan to fight need to smarten up and get proactive. There is very little room for blaming, accusing, regretting or any such useless endeavor.

    Do or don’t: there’s no trial.

  92. by Jim Willie, via Perpetual Assets

    “Found on GoldenJackass.com
    Today marks the Chinese New Year, the day promised for unleashing forces from the East which complete the Global Paradigm Shift. Let it rain; let it pour. For a full generation, the Western central bankers have relied upon debt to solve debt saturation problems as well as economic slowdowns founded within the credit cycle. In the last four years, they have added reliance upon free cost printed money to solve debt saturation and insolvency problems. The USTreasury Bond market has vanished for all practical legitimate purposes, a harbinger of the USDollar death event. With no surprise to the Jackass, the entire Western financial and economic system is not just decaying, but failing. Witness a systemic failure in progress. For over a year, my drums have been beaten in detailing how the QE bond purchase program kills capital by leading to a rise in the entire cost structure. The endless wars in defense of the USDollar have added to strains. The sanctions have all backfired. While the US leaders pound their chests like Third World demagogues, they preside over ruin with maggots crawling at their boots. The debt picture is abysmal, and grows worse by the month. This article is but a brief survey of the wrecked fields of debt crops. Review some of its many rancid decayed farms. It is not pretty. Remember the bankers in charge call their policy a stimulus. To be sure, it stimulates ruin and fosters systemic failure. Mission Accomplished!”

    http://thedailycoin.org/?p=19311#sthash.0D92iWy7.dpbs

    The guy’s been right more often than… well… let’s see: pretty much everybody so far (except Celente, Paul Craig Roberts, Orlov but they all beat the same drum). Of course common sense prevails all the time!

    So, foreclosures are really the least of anyone’s problems. And those checks, if ever cashed, will still only be a fresh dressing on a wooden peg.

  93. Presently, in avoidance of the rule of law, any number of criminals- bankers and their lawyers- are involved in outright frauds.

    In other words, the narrative thus far absolves the bankers and their lawyer playmates while castigating the borrowers. After all, so goes the narrative, “These people are deadbeats… They falsified their incomes… etc.”…

    Of course, this defective narrative never bothers to mention it was the responsibility of the bankers and their lawyers to act lawfully.

    The bankers and their lawyers, have, up to this point, been given a free pass and indemnification by the federal government, because, or so the theory goes, to bring them into accountability would cause worldwide financial Armageddon.

    The reason they have been let off the hook is because the reputation of the AMERICAN DOLLAR (since Bretton Woods, in 1942, the US Dollar has become the International Reserve Currency, or “Sovereign Currency”) due to the fraudulent behavior of Wall Street Banks is now at risk internationally.

    There are presently 682 TRILLION AMERICAN DOLLARS owed to the multitudinous frauds engendered by the banks and their lawyers which is predicated upon a deliberate “BOOM (sub-prime lending) – and – BUST (short-sale bets on borrower performance as it is related to their promise to keep their mortgage current) CYCLE”.

    The “BETS” taken against the homeowners are an attempt on the part of the bankers and their lawyers to capitalize on something they don’t own…

    The titles to the underlying assets- people’s homes- are not owned by the banks doing the foreclosing and, in many instances never were. In short, the position of those banks vis-à-vis the “loan” is a fraud engendered by a counterfeit claim to the debt.

    The BETS taken against the homeowners are an attempt on the part of the banks to restore capital to their empty vault shelves; 682 TRILLION DOLLARS is an impossible sum and the central banks, regardless of government interference with the truth, are already hopelessly insolvent.

    The Wall Street Bankers and their co-conspirator lawyers have co-opted the government and the courts, who have, in turn, been hoodwinked into believing the bankers, their lawyers and the fraud to which each are complicit should remain concealed.

    The politicians and judges have been told the law is now subservient to the financial sector and the multiple frauds must remain undisclosed or the Dollar will tumble as the pre-eminent currency of the planet.

    Although it may be a bit tedious for some, I would like to offer an analogy: the Catholic Church and the international cover-up of pedophile priests.

    As a Catholic I am delighted the new pope has determined to set his house in order and despite the calcification of the ruling elites that determined to conceal sexual crimes against children, this pope has, instead, opted to expose the truth…

    And, you know what? The church didn’t dissolve.

    Instead, people the world-over, recognize the leadership qualities of this new man as dedicated to the truth above all else.

    The United States has a choice to make: Should We The People continue in the mistaken belief the financial elites and their lawyer-lap-dogs are now-and-forever necessary to the well-being of our currency system?…

    Or, should We The People instead, recognize that truth and the rule of law are the only conditions-precedent and inherent to a healthy democracy and Republic possessed of a sound financial sector?

  94. Does anyone have any faith that any of these creeps will get arrested and tried? It includes some of the following: appraisers, realty agents, mortgage brokers, title companies and attys for title companies, banks, servicers, nonexistent trusts, closing attorneys, etc. The scheme started at the top. That is where it should start.

  95. did everyone really read what was posted. SO AGAIN IF ITS BEEN 10 YRS FROM CLOSING , BUT JUST FOUND OUT OVER PAST YEAR OF ALL THE FRAUD IN OUR MORTGAGE, 3 DIFFERENT NOTES, STATING A BLANK ENDORSEMENT, ON WITH NO ENDORSEMENT, THEN ONE WITH A DATED AND SIGN ENDORSEMENT BACK IN 2005 FROM DAY OF CLOSING SHOWING A FINIANCIAL INSTATUTION NOT ON ANY PAPERWORK OR HAD NO KNOWLAGE OF.
    SO I SHOULD BE A ABLE TO RESIN THE WHOLE DEAL, RIGHT

    THE WAY I SEE IT IS THAT THEY OWE US AMERICANS MILLIONS ON OUR OWN MORTGAGE NOTES THEY STOLE AND USE TO UNJUSTLY ENRICH, THEMSELVES. NOW THAT IS TO THE POINT.

    (2) Within 20 calendar days after receipt of a notice of rescission, the creditor shall return any money,
    or property that has been given to anyone in connection with the transaction and shall take any action necessary to reflect the termination of the security interest.
    (3) If the creditor has delivered any money or property, the consumer may retain possession until the creditor has met its obligation under paragraph (d)(2) of this section. When the creditor has complied with that paragraph,

    WHEN THE CREDITOR HAS COMPLIED!!!!!!!
    SO ONLY WHEN THEY ( CREDITORS) PAY YOU THE BORROWER ALL MONEY THEY HAVE GOTTEN SO HOW ABOUT THE 30 TO 40 TIMES THE VALUE THEY GOT WHEN THEY BROUGHT YOUR MORTGAGE NOTE TO TRES/FED, ???( YOUR NOTE) OF 350,000 DOLLARS, THEY WOULD OF
    GOTTEN AT LEASE 12,000,000 ( MILLON )…. SELLING YOUR MORTGAGE/NOTE 10 TIMES 20 TIMES OR MORE FOR THE FRAUDULENT, APPRAISAL PRICES. AND PAY YOU BACK ALL PAYMENTS MADE. THEN AND ONLY THEN WILL YOU THE BORROWER HAVE TO TENDER ANYTHING. BUT WAIT, LOOK AT BELOW.
    TENDER ITS REASONABLE VALUE!!!!!!!!!!

    the consumer shall tender the money or property to the creditor or, where the latter would be impracticable or inequitable, tender its reasonable value.
    At the consumer’s option, tender of property may be made at the location of the property or at the consumer’s residence. Tender of money must be made at the creditor’s designated place of business. If the creditor does not take possession of the money or property within 20 calendar days after the consumer’s tender, the consumer may keep it without further obligation.
    James L. Macklin, Managing Director
    Secure Document Research(Paralegal Services/Legal Project Management)
    Agent for Charles T. Marshall, Esq. (SBN 176091)
    917 Tahoe Blvd #201 A

  96. @javagold – your tale of fraudclosure reads exactly like mine – except I didn’t get a check for $2000 not even for 2 cents. It took five years and our retirement fund – they got the house and ancestral property anyway and we got the shaft. We have to start all over again at age 60. Thank God my mother in law who at age 80 is still alive and relatively healthy. If it were not for her we’d be going to work from a shelter or a cheap hotel. Our lives are ruined if not over. No amount of money could make the heartache and turmoil ever go away – not for me any way. It’s been a horrible nightmare with irreparable damages – much like a rape.

  97. The house I was fraudclosed on had incorrect balance. Incorrect NOD figures. Robo signing. Fraudclosed in servicer name and not “lender/investor/holder/whatever”……they sent $2000 out the blue….I bought this point up to judge(s)……house was still stolen at sheriff sale.

    I put up a good 5 year fight but wasn’t able to overcome all the lies and honestly no one in power position really giving a shit. …..time moves on. How I would go back at them again, when I wasn’t able to beat them with facts and truth and time still being fresh, I am having a difficult time understanding, why 2015 is any better time than before for monetary compensation/damages/etc…..

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