“Get three months behind and you’ll get a modification”: The Big Lie That Servicers and Banks are Still Using

The bottom line is that millions of people have been told that line and most of them stopped paying for three months because of it. It was perfectly reasonable for them to believe that they had just been told by the creditor that they must stop paying if they want relief. Judges have heard this repeatedly from homeowners. So what is the real reason such obvious bank behavior is overlooked?

More to the point — what choice does the homeowner have other than believing what they just heard from an apparently authorized service representative?

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THE FOLLOWING ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.

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In the course of the last ten years I have personally interviewed homeowners, reviewed the documents and or received reports from homeowners that were duped into going to default by that famous line: “You must be three months behind.” It is patently true that every homeowner who had that conversation believed that they were being told to stop making payments. No, it didn’t make any sense; but it also was beyond comprehension that the servicers were in fact aiming at foreclosure instead of workouts that would have preserved the value of the alleged loan, and mitigated the rush into the worst recession seen in modern times.

On cross examination the point is always made that the “representative” did not use the words “Stop paying.” And thus the point is made that the announcement that a three month delinquency was necessary for a modification was simply that: just information. Yet the behavior of millions of homeowners shows that virtually every one of them believed they were told to stop paying in “code” language. If that is not reasonable reliance, I don’t know what is.

However there is much bigger point. The three month announcement was (a) false and (b) an intentional policy to lure people into default and foreclosure. It has been previously reported here and elsewhere that an officer at Bank of America said point blank to his employees “We are in the foreclosure business, not the modification business.”

The legal point here is (a) unclean hands and (b) estoppel. In most cases homeowners ended up withholding three months worth of payments, as they reasonably believed they had been instructed to do, many times faithfully paying on a three month trial or “forbearance” plan, and sometimes even paying for many months beyond the “trial” period, or even years. Then suddenly the servicer/bank stops accepting payments and won’t respond to calls and letters from the homeowners asking what is going on.

Then they get a notice of default, a notice of their right to reinstate if they pay a certain sum (which is most often miscalculated) and then they get served with a foreclosure notice. The entire plan was aimed at foreclosure. And now, thanks to recent court doctrine, homeowners are stuck with intensely complicated instruments and behavior, only to find out that despite all law to the contrary, “caveat emptor” (Let the buyer beware).

The trick has always been to make the non-payment period as long as possible so that (1) reinstatement is impossible for the homeowner and (2) to increase the value of servicer advances. Each month the homeowner does not make a payment the value of fraudulent claims for “servicer advances” goes up. And THAT is the reason why you see cases going on for 10 years and more. every month you miss a payment, the Master Servicer increases its claims on the final proceeds of liquidation of the home.

In the banking world it is axiomatic that a loan “in distress” should be worked out with the borrower because that will be the most likely way to preserve the value of the loan. In every professional seminar I ever attended relating to residential and commercial loans the main part of the seminar was devoted to workouts, modification or settlement. We have had literally millions of such opportunities in which people were instead either lured into default or unjustly and fraudulently induced to drop their request for modification or to go into a “default” period that they thought was merely a waiting period before the modification was complete.

The result: asset values tanked: the alleged loan, the alleged MBS, and the value of the subject property was crushed by servicers looking out for their real boss — the Master Servicer and operating completely against the interests of the investors who are completely ignorant of what is really going on. Don’t kid yourself — US Bank and other alleged Trustees of REMIC Trusts have not taken a single action as Trustee ever and the REMIC Trust never existed, never was an active business (even during the 90 day period allowed), and the “Trust” was never administered by any Trust department of any of the banks who are claimed to be Trustees of the “REMIC Trust”. Both the Trust and the Trustee are window dressing as part of a larger illusion.

My opinion as a former investment banker, is that this is all about money. The “three month” announcement was meant to steer the homeowner from a HAMP modification, which was routinely “rejected by investor” (when no contact was ever made with the investor). This enabled the banks to “capture” (i.e., steal) the alleged loan using one of two means: (1) an “in-house” modification that in reality made the servicer the creditor instead of the investor whose money was actually in the deal and/or (2) a foreclosure and sale in which the servicer picked up all or nearly all of the proceeds by “recovery” of nonexistent servicer advances.

It isn’t that the investors did not receive money under the label of “servicer advances.” It is that the money investors received were neither advances nor were they paid by the servicer (same as the origination or acquisition of the loan which is “presumed” based upon fabricated, forged, robo-signed documents). There is no speculation required as to where the money came from or who had access to it. The prospectus and PSA combined make it quite clear that the investors can receive their own money back in satisfaction of the nonexistent obligation from a nonexistent REMIC Trust that issued worthless and fraudulent MBS but never was in business, nor was it ever intended to be in business.

Servicer advances can only be “recovered” when the property is liquidated. There is no right of recovery against the investors. But the nasty truth is that there is no right of “recovery” of servicer advances anyway because there is nothing to recover. By labeling money paid from a pool of investor money as “servicer advances” we again have the creation of an illusion. They make it look like the Master Servicer is advancing money when all they are doing is exercising control over the investors’ money.

Thus the three month announcement is a win win for the Master Servicer — either they convert the loan from being subject to claims by investors to an “in-house” loan, or they take the full value of the alleged loan and reduce it to zero by making false claims for recovery — but only if there is a foreclosure sale. Either way the investor gets screwed and so does the homeowner both of whom were pawns and victims in an epic fraud.

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33 Responses

  1. It would be nice for this nation to have a team of lawyers in each and every state of the United States volunteering their time to aggressively fight out foreclosures putting families and their children in danger. Foreclosure is a crisis in the USA as people do need homes to have jobs and to send their kids to schools. Before we help refugees from other nations giving shelter and food, probably, for some propaganda sake, let this nation help its own people. CHARITY BEGINS AT HOME.

  2. I noticed an article in the news recently about lawyers around the country coming together to volunteer their time to fight against the GMO industry that is poisoning the food supply. They have formed a legal team in order to craft a lawsuit ….etc, etc.

    But sadly we do not see this kind of enthusiasm in the foreclosure travesty that is poisoning our nation. Neil Garfield and a few others have done an awesome job sheeting light and exposing the fraud for what it is. Neil has by far, been our hero. But where are the rest of this nation’s attorneys in this battle? They seem to be cowering in fear and remaining on the sidelines as quiet as a church mouse.

    We need all of the young, aggressive, energetic, bank-hating, liberal lawyers and law students in the universities to take this fight and do something to help the homeowner victims of this travesty.

    We need a national effort by volunteer lawyers to confront the system corruption taking place in the courts by writing lawsuits on the behalf of the victims of the courts bias.

    Isn’t it against the law to deny a certain group of people equal access and application of the law?

    Isn’t it against the law to intentionally deny certain defendants their right to due process?

    We need lawyers to lead the charge to right the wrongs taking place. Not by just taking cases and filing appeals ..but by complaining as a group that there is a great injustice taking place against homeowners.

    They should combine their efforts and form a national effort to fight this travesty and bring it to the attention of the media and public.

  3. Back in 2011 we were also told by B of A to stop making payments to be eligible for modification. When we made a payment they returned the payment to us. Upon applying for modification, we were approved after so many missing documents allegations and when we made three trial payments the told us that we had to reapply for modification as if we never applied for the modification. B of A allegedly transferred servicing to SLS. This servicer sent us a Note with no signatures on, when we sent then a Qualified Written Request. What d we do now.

  4. Yes, Neal, it happened to me & to millions of USA Citizens … by our own supposed pro-American-people TBTF and other “lenders” in the game-for-profit business: then the county level judges ignorant of title and notary and lender-borrower-services relations contracts-forgeries go unchecked leaving homeowner & title records a mess.
    Jesonoski did little because small time judges yielding local taxation & bank-collection mentalities keep assuming we people can’t count, won’t pay or overloaded our own debt, rather than ever believe banks would cheat or miscount funds: ignorance kills our economy & let’s bank legal-entity status use forgery & subterfuge to undermine USA in blind chase for corporate $$greed.
    Shameful of them victimuzing is: they setup our coming Economic Collapse bigger than 2007—-now.
    Hold May hit $5000, then China wins with reserves & resetting if US dollar as a currency v THE currency. Once oil sales are not dollar-driven or exchanged, then all our finances implode: economic failure based on false electronic roulette wheel gambling by those same TBTF idiot leaders. They scam us, steal our homes to prop-up their lies piling upon lies, and the whole house of cards crumbles now as stocks & IRA & savings & jobs & electronic-or-cash credit keeps more elusive as risk (even US $ savings or checking now treated as means to exploit citizens; TBTF and Govt Bailout secret agreements giving services acting as “lenders” power to foreclose at will & have judicial support, despite laws, to try propping-up failed Govt economic policy & lack of due-diligence & factual legal proceedings of Discovery, TILA Reg-Z & Rescission Rights all being ignored at the demise & expense of innocent &-or ignorant abused homeowners. Hillary, Bill et al sold USA in some international banking or cumbaya political plot …. because our Constitution, economic strength, military might, national integrity (private email server, really!!?? For a public employee?? Hillary sold USA out for her megalomania image & narcissistic greed over past 20-yrs to both China & Russia: never caring about the Political effect$ if a debt ravaged USA becoming a debtor state.) I am ashamed for this Govt, and feel sorry for how I and millions have been usurped & abused by them all. They do not value America, is the bottom line. And once America is not strongest post-WW2, then morality & ethics & people-first will succumb to communism, greed, power, unethical & immoral Godless money-first society worldwide. Who will police them? International Settlement Bank is a card-deck reshuffler only, Federal Reserve ignores abuses by members just as does JP Morgan & FHA-HUD, they act ignorant of Rights & laws; knowing courts must protect them first as per TBTF & QE 1-3 unknown agreements…. all which have failed the American People ($20,000,000,000,000 & counting).

  5. NASH case reversed by the Florida Court of Appeals: http://caselaw.findlaw.com/fl-district-court-of-appeal/1733944.html

  6. Brenda …excellent !!! Very well said. …it is indeed a spiritual battle that plays out around us in this world … a battle between good and evil … over the souls of mankind. It seems like people are waking up and choosing what sides they stand on … I agree with your point.

  7. Anonymous NE – I agree with you. I am saying I believe that true justice will come when enough people have woken up. Part of this waking up is realizing, again, that this housing debacle is merely one symptom of a much greater corrupt fiat based fractal banking system. When you understand it, you know it had to be created with mal intent and design. And when you understand that, you question what else has been hidden from humanity.

    The reason why Bernie Sanders is sweeping the country by popular vote is because the natives are so restless. People are asking questions, seeking answers, demanding change. I see evidence of people waking up everyday, i.e. petitions are a great example – signed and shared by thousands and thousands, getting justice and creating legislative change around the globe in support of humane, humanitarian, and planetary causes.

    There is incredible power from the co-creative mass consciousness of humanity. It’s easy to lose sight of this when you are fighting an all consuming battle for truth and justice on a rigged battlefield, but in my humble opinion, it is the only thing that will bring us the change that we are all seeking.

  8. Old McBanker has a Problem….
    Here a. Wild Deed, There a WILD DEED….
    Everywhere Wild Deeds…
    EIEIO

    Old McBanker has A Big Problem !!!

    Reverse, Rewind & Reset
    EIEIO

  9. Creditors of the Remaindermen are unsecured until Death do They Part.

  10. The Civil Death of a Person & the liquidation of the Live Mans Estate.

    And this Woman told the Dead Persons Executor to Hit the Road!

    One Half of the Estate….
    Equitably & Irrevocably

  11. Amen

  12. Every time I filed a criminal complaint with the state AG, they did communicate with the perpetrator.

    And, I’m filing the federal lawsuit that is using the criminal procedures.

    In the movie the Ten Commandments, Moses wife told Nefertiti, Queen of Egypt, “You lost him when he went looking for his God. I lost him when he found him.”

    My name, if pulled would have more than a several dozen federal complaints with FTC, FBI, DOJ, AG, CFPB and others.

    In the beginning the pen to the paper was the start of a man’s slavery.
    Today and eternity, the paper is like the pages of the Book of Life, and with the pen, it is the instrument that will be used for the judgment of the man.

    When I enter their court of my own free will, I won’t have to overturn their tables.

    There is nothing of value on them, and nothing of value underneath them.

    They sell/sold thin air and empty promises in ink to paper IOUs.
    Promises of no value that they intend to pay with no value.

    They are the creators of slavery in disguise, and slavery carries a punishment greater than any man can think of.

    Early slaves were by contract, they agreed to servitude to pay for their passage over here.

    Later slavery was capture without consent and against free will.
    It could not last long, because it violated Universal Law to it’s extreme.

    Pretending we consent to something we do not, is a form of servitude without consent.

    Dead men representatives cannot make live men accept their representing a dead man’s will as our living will, unless our servitude is involuntary to the will and the one who represents its provisions within.

    Any exchange, the executor of the dead man’s will, make with us, that exchange will be giving us what already belongs to us.

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

  13. David …yes, revolution is in the air …the veil of deception is being torn apart and people are really beginning to see how corrupt the entire system all over the world really is … This presidential election sham has really stirred up people to the fact that their votes don’t matter, their intentions and desires don’t matter …the whole “we the people” is a sham …and people are sick and tired of it. It has krept into every facet of everything …the level of corruption and lies have infested everything.

  14. Trespass … Yes, I agree . There is a higher authority who will have the Final Judgment … God Bless us all and strengthen us to endure our struggles and sorrows in this world.

  15. Brenda … Yes, I agree and am one of those who have been awake to this travesty of justice. My comments were rhetorical in nature, I’m simply asking the obvious in order to make a point about the travesty that is on-going despite us being awake.

    I believe the government and judicial system is awake ..but they have deliberately chosen to turn a blind eye to the criminal fraud that the foreclosures are based upon.

    The settlements and consent orders were the smoking gun evidence that were put in place to prevent justice from prevailing.

    So if the judicial process is blatantly skewed to deny us justice, it means that they are indeed awake to the crimes …and are simply denying us the justice we are entitled to under the law.

    You say we the people can demand that justice prevail …but my question is “how do we demand it?”.

    When more people wake up ? … But this has been going on for quite awhile now ..and the foreclosure train is steaming down the tracks.

    We are awake to the reality that we are getting screwed by the courts.

    The courts are awake to the fact that they are screwing us.

    This is a criminal act …it calls for criminal charges to be filed by the attorney general’s …but the federal government stopped them

    I do agree with these basis of what you say …I’m just venting my frustrations because I believe this is a cover-up by the government and the courts. I’m not so sure it’s really about them not being aware of the criminal nature of the fraudulent foreclosures. They are intentionally denying us justice in my opinion.

  16. Trespass Unwanted, I’ll Buy Your 1st Book!

    Playing By the Rules’

    A few b years back I remember being advised we couldn’t do anything until the filed the Affidavit & MSJ.
    I was Enraged…….Hot Hot Hot

    I was Once Lost but now am Found!
    They See Me Now ….

  17. Courts are a foreign business on a foreign land communicating in a foreign language.

    The first court judges all they care about is rules and procedures, after that, if they obeyed all the rules and everyone stood in line when they were supposed to, spoke when they were called upon, and used the restroom according to predesignated breaks, they followed procedure.

    In between is the case itself.
    The what is heard between following the rules and abiding by the procedures . in that case, their acts are this.

    No real decision ever comes out of lower courts.
    Real decisions come from appellate and supreme courts.

    So lower courts love Motions to Dismiss, because then the Plaintiff has to do the homework on what did an appellate court decide when it came to this situation and why?
    What did a supreme court decide when it came to this situation and why?

    You get past that motion to dismiss, or that request, for summary judgment, you have a case, because the lower court will pretty much be telling the appeals court, we got the same info you have gotten in the past, and we ruled the same way you did.

    The appeals court looks and say, ‘yep, you sure did. We had that case in year such and such, and we did make that decision’ and will affirm a lower court’s parroting of their decision.

    So no, we aren’t teaching them anything.
    Appeals court want to hear what the supreme court said and why.

    When they screw up on rules or procedures, their decisions can be overturned. Do you think they like being overturned? I would say probably not.

    I do not speak their language. It takes a long time to learn their rules, and figure out how to communicate with them and at the same time walk that fine line of their procedures just to be heard.

    Many make it through to be heard, few ever know what it takes to really win on that tightrope.

    It’s a crime, that is occurring, and as long as we go into courts with a dispute over contracts, and let them decide, well for the sake of public policy, the banks cannot be insolvent for their gambling.

    That’s what it appears we are dealing with.
    Gamblers who sight your propery and use the abuse of process – a legal term and a crime – to pull you into court to sue you for your property and let you figure out how to stop them, in time.

    It’s ridiculous, and the Creator in me, got tired of that game before it began. The bankers played the cards anyway.

    I may not know all the rules of the game, but just like rescission where someone wants to pull back from contract and not participate any more, because it’s all about consent.

    One wanting to pull back from the game because they do not want to play anymore has the same rules. Forcing people to remain enjoined into the system until they are robbed is the violation of the basic rules.

    For the fact that contracts, signatures are involved in these decisions, is what makes the oath to protect and abide that judges and lawyers are supposed to uphold, that much more, life deciding for them.

    I saw my fate, in their hands without my consent.
    I see their fate in their hands for doing that. Playing God without permission and against free will.

    I’m not judging them, but I see their judgment.
    Let’s hope they really enjoyed the game, because when all the items got back into the box, cheaters never win. Never.

    In every game there are rules.
    There are rules to keep you from breaking the rules.
    Rules to punish you for breaking the rules.
    Rules that if you break the rules, and someone finds out, they have to let you know they know within a certain period of man’s created time for man to have permission according to the rules to punish you for breaking the rules

    But there is also Rules! The rule of law. whether that is Divine Law or Supreme Law, or Universal Law, including the law of Free Will.
    Those rules have no time limit, none, ever, and death bed confessions doesn’t clear the slate. Karma is a nice creation, it makes sure everything is equitable when man fails to do their fiduciary duty to ensure equitable remedies..

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

  18. Anonymous Northeast — This may sound overly simplistic but the true power to change this lies within the people. The mass consciousness that results from people WAKING UP to Truth and demanding disclosure in all things. It’s not happening fast enough for those of us who are already awake, but it is happening.

  19. ALL 10 OF MILLIONS OF HOMEOWNER MARCHING DOWN TO WASHINGTON. CONGRESS WOULD BE RUNNING FOR HIGH GROUND. THEY WOULD BE SAYING OK OK WE WILL MAKE EVERYONE ‘S HOUSE PAID IN FULL.

    WE THE PEOPLE HAVE ALL READY PAID OFF EVERY HOME IN THIS COUNTRY WITH THE 32 TRILLION DOLLARS THAT WE PAID IN 2008/2009 BAIL OUT.

    AND THE FEW BILLIONS THEY ARE PAYING. OK THATS FARE. HAHAHAHAHAH

    WHEN WILL AMERICAN’S WAKE UP.

  20. REMEMBER THE TEA PARTY THAT STARTED IT ALL. TAXES, ETC, THAT IS WHAT WE CAN DO , IF ALL AMERICAN WAKE UP NOW AND SAY WE WILL NOT PAY OUR MORTGAGE FRAUD MORTGAGE ANYMORE. CAN YOU SEE WHAT WOULD HAPPEN.

    THE WASHINGTON PIGS WOULD BE CALLING FOR HEADS. AND WOULD TELL ALL BANKS TO GO F THEMSELVES.

    WE THE PEOPLE HAVE MORE POWER WHEN WE STAND TOGETHER.

  21. So we all agree that the foreclosures are based on the criminal actions of the plaintiffs, service’s, banks, etc. …. Okay, so what do we now do about it? What is our next move?

    The courts are denying due process and denying us equal protection under the law. Since the courts are the very ones violating our rights, what or who do we bring our grievances to?

    Who is the watch-dog over the courts? The Supreme Court?

    That sounds like the Fox guarding the Ben house.

    There is no outside agency apart from the courts that can be used as a checks and balances to know whether the courts are in violation?

    As long as the courts are violating our rights..how do the citizens of this country …we the people …stop a justice system that is denying rights?

    Is there any authority that can intervene when the judicial branch has become corrupt and biased against a group of citizens?

  22. @dailypuma

    why did you say i do not pay?

    because my email is deadbeat borrower?

    why assume anything?

  23. Actually, the alleged modification process gets the bankster/servicer $1500 a pop for each time you are sending in your documents for a modification. Dual tracking is still going on because no judge ever rules against them. The servicers do not own your house, and no one knows who the creditor is, in part because they sold the notes multiple times. All fraud, all theft, all forgery, all felonies.

  24. http://www.kccllc.net/documents/1212020/1212020121113000000000163.pdf

    5. Freddie Mac Mortgage Insurance Pool Policy Commutation and Mortgage Insurance
    Commutation Exhibit A, dated January 9, 2012, between Freddie Mac and GMACM.
    B. Bulk Loan Transactions
    1. Master Commitment T07052549, dated July 3, 2007, between Freddie Mac and
    GMACM.
    2. Master Commitment T06030649, dated March 14, 2006, between Freddie Mac and
    GMACM.
    3. Master Commitment P07043049, dated June 12, 2007, between Freddie Mac and
    GMACM.
    4. Master Commitment T06031349, dated June 14, 2006, between Freddie Mac and
    GMACM.
    21
    NY2-710105v3
    5. Master Commitment T06081450, dated August 16, 2006, between Freddie Mac and
    GMACM.
    6. Master Commitment T06101851, dated November 2, 2006, between Freddie Mac and
    GMACM.
    7. Master Commitment T06103149, dated November 8, 2006, between Freddie Mac and
    GMACM.
    8. Master Commitment T06101852 dated November 2, 2006, between Freddie Mac and
    GMACM.
    9. Master Commitment T06111549, dated November 17, 2006, between Freddie Mac
    and GMACM.
    10. Master Commitment T06120850, dated February 5, 2007, between Freddie Mac and
    GMACM.
    11. Master Commitment T07011049, dated January 17, 2007, between Freddie Mac and
    GMACM.
    12. Master Commitment T07011050, dated January 24, 2007, between Freddie Mac and
    GMACM.
    13. Master Commitment T07021550, dated March 8, 2007, between Freddie Mac and
    GMACM.
    14. Master Commitment T07030651, dated March 13, 2007, between Freddie Mac and
    GMACM.
    15. Master Commitment T07052550, dated July 3, 2007, between Freddie Mac and
    GMACM.
    16. Master Commitment T07111550, dated November 28, 2007, between Freddie Mac
    and GMACM.

  25. Just have to comment on this.

    One of the things we discovered before we entered into litigation with Capital One Bank and their trustee TD Service was that Capital One’s ‘loss mitigation’ department trained their employees to feign a good faith effort to modify loans and drag out the process while pushing the homeowner to do a short sale.

    If the homeowner refused to do a short sale (as is often the case when the homeowner has the realization the servicer and trustee have fabricated documents and filed them with the county recorder where the property is located), the foreclosure process that has already started (as soon as those three payments are missed), and been running concurrently, just continues. We received this information from more than one former employee of Capital One’s loss mitigation department. Like everything else involving our case, we were dismissed every step of the way and never given the opportunity to present evidence in a court of law.

    We learned that our money was good enough for a legal battle but not good enough to pay the servicer to keep our home. One of the homeowners we met during our battle missed the three payments and when he realized they were going to foreclose on him anyway he did everything he could to pay the full amount. The servicer refused to accept any money though he had enough to completely cure the default. What does that tell you?

    The fabricated fraudulent documents that are still being used to illegally foreclose on homes are the result of a corrupt fiat based fractal banking system. The focus should be not on the symptoms (and resulting foreclosures) but the root cause.

    People either get it or they don’t, they’re awake to it or they’re not. There’s still too much apathy out there because much of the general public still believes this happens because people are approved for a loan they shouldn’t receive or they live beyond their means. That might account for a very small percentage but not the majority of families who have faced this loss.

    Thank you Neil for continuing to tirelessly expose the corruption in this fiat based fractal banking system that we are all living under.

  26. Las Vegas…Very Good Points.

    I might add … You want the lien released & a reconveyance .

    Its Not the House they want!
    Fight for the Land!

  27. The “Special Investigator General” for the “Toxic Asset Relief Program”, Neil Barofsky, wrote, in his book, “Bailout”, p. 153; as regards the banker’s intentional deceit, homeowners should skip payments:

    “One particularly pernicious type of abuse was that servicers would direct borrowers who were current on their mortgages to start skipping payments, telling them that that would allow them to qualify for a HAMP modification”.

    The “90 days” of skipped payments triggered the standard PSA allowance a bank could foreclose.

    Two things:
    1) the bank never owned the “loan” in the first place.
    2) Barofsky describes servicing banks instructing “borrowers”
    “… to start skipping payments”.

    Confused?

    Go back to “1) the bank never owned the “loan” in the first place”.

    Since the bank is an imposter, the afflicted “homeowner” is not a “borrower” to that bank, in the first place.

    They are still, however, a “homeowner”.

    We now know the “REMICS” are all bogus and since that is true, we also know the PSAs to those “REMICS” are also bogus.

    The banks formed phony “holding companies” and used them to counterfeit ownership interests in groups (pools) of “loans”.

    A POOL OF LOANS IS A GROUP OF LOANS.
    ANOTHER NAME FOR A GROUP OF LOANS = A REMIC TRUST.

    NONE OF THE REMIC TRUSTS ARE LEGITIMATE, HENCE, NONE OF THE RULES WRITTEN WITHIN THE PSAs TO THOSE BOGUS TRUSTS IS LEGITMATE.

    The banks stole pension money to conceal the fact they were using American Mortgages to launder terror and drug money!

    I am beginning to think I should maybe stand on my head…

    Read Professor Christopher L Peterson’s: scholarship.law.wm.edu/cgi/viewcontent.cgi?article=3399&context=wmlr

    On p. 116, he writes: “… these mortgage bankers formed a plan to
    create a single shell company that would pretend to own all the
    mortgages in the country. (footnote 23, here).”.

    PRETEND TO OWN ALL THE MORTGAGES IN THE COUNTRY!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

    PRETEND.

    You are not a borrower to a “Pretend” “Lender”; you are, instead, a defrauded “homeowner”.

    Footnote 23 reads:

    “R.K. Arnold, Viewpoint, INSIDE MERS,
    Jan./Feb. 2004, at 1 (“[O]ur mission is to capture every mortgage loan in the country.”)”.

    R.K Arnold was the CEO of the MERS while they were “capturing every mortgage loan in the country” and “Pretend”[ing] “to own all the mortgages in the country”.

    He was deposed to admit he was the single employee to the “MERS”- a company that was “Pretending to own all the mortgages in the country” (some 70 million)…

    (Single employee… 70 million mortgages… busy guy.)

    A company that Barofsky as “SIGTARP” explains was composed of bankers telling people to “skip mortgage payments”.

    A company that never owned the “loans” because the REMICS are empty… you cannot own something that isn’t there.

    PRETENDING TO OWN ALL THE MORTGAGES IN THE COUNTRY!

    Professor Peterson, by the way, is now the chief of enforcement for the CFPB-

    a guy that wrote a paper explaining all the mortgages are “PRETEND”, is now the chief lawyer for enforcing the fact the CFPB are not looking into the fact all of the mortgages are “PRETEND”.

    YOU KNOW WHAT? NOW I AM STANDING ON MY HEAD.

  28. las vegas, ultimately what is your point? That you have lived in a home for the past 8 years without paying a monthly mortgage, or is the point something else? I’m just curious because you sound angry because you have been living mortgage free for the past 8 and 1/2 years.

  29. This practice of falling behind so one can get a home loan modification is called parallel foreclosure, or dual tracking. Parallel foreclosure means while the bank is trying to “help” the homeowner with a modification, either the bank or the note holder (if different( is proceeding with foreclosure actions.
    Then it becomes a race and who knows what other reasons are used to determine which wins out, the loan modification, or the foreclosure. I think there was supposed to be something like a 500 dollar, or 1,000 dollar incentive to successfully modify the loan but apparently many times much more than that could be made in penalties and fees if the foreclosure went ahead as scheduled.

  30. All this is now known! What can be done to gangster banksters! For robbing the American people?? What???

  31. THIS IS FROM THE TOWNEAUCTION COMPANY, THAT HAS BEEN TRYING TO CONDUCT A AUCTION FOR YRS AT MY HOUSE.

    http://www.towneauction.com/ ALSO THEY ARE OWN BY THE FORECLOSING ATTORNEYS. ORLAND/MORAN. FUNNY ISN’T IT.

    LOOK AT WHAT THEY SAY ON THERE AUCTION SITE.

    16. Can I purchase the property before the auction from the foreclosing mortgagee?

    The foreclosing mortgagee isn’t the owner and has no ability to sell the property.

    Until the foreclosure sale concludes,

    the home owner is the owner of the property. Towne Auction Company cannot provide any information about the current owner.

  32. a letter to our current and former servicers and those who claim to have the right to foreclose on our home:

    hey new servicer dude. wtf?

    we have wondered for the last 8 1/2 years why they haven’t taken our home yet?

    so servicer dude, your move, gonna re-file those foreclosure docs yet again?

    Or hope the old servicer dude gets its msj on our failed hamp class action mdl and forces a sale. Want to flip a coin? why not although i’ll supple the coin.

    Do you want to bring into court the first NOD recorded in 2008 which had a notary WHO PLED GUILTY to notary fraud in 2012
    servicer dude your turn, bring it on…8 1/2 years and were still here.

    anybody want to get in?

    what more can they do to us?

    take the house?

    deadbeatborrower@gmail.com

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