Consumer Rights Defenders assists in all 50 states.
Please read this email to Neil and all Americans advising of a huge federal action impacting all California former property owners who lost their property’s through illegal foreclosure and now are facing evictions.
Call us today at 818.453.3585 for all inquiries.
We have facilitated a federal lawsuit for a pro se sophisiticted plaintiff who lost his home due to a fraudulent foreclosure [so says his potential expert witness, an Esq of over 30 years in Real Estate law and recording procedures in the countys]. The case is entitled Sabacky v. OneWest Bank…additional defendants are Governor Brown, AG Kamela Harris, the Supeior Court of Califorina-specific judges, et al. Challenged is the state’s practice of not allowing specific defenses being litigated in eviction cases.
It is a well balanced and powerful attack on Califorina’s present eviction procedures that prevent former owners from raising “illegal procurement of title ” by banks at foreclosure sales. The case is about 2 weeks old and is in the PACER system under this file name, filed in USDC Central District in Los Angeles.
The war has just begun, but if Mr. Sabacky wins literally tens of thousands of former owners of homes may be allowed to sue retroactively to show wrongful foreclosures did occur and wrongful evictions occurred with millions in damages being at stake, not to mention the thousand of tenant/former owners presently facing evictions who will be allowed to raise a common affirmative defense attacking title procurement illegally by foreclosing banks which is now NOT allowed in California. Sabacky has challenged this by way of a civil rights violations and pendent state claims in the suit.
We invite you call or media inquiry to this very important case.
Call Consumer Righrts Defenders and ask for Steve at 818.453.3585 for further information.
@consumerrightsdefenders do you help victims in MA?
From the NEWS DESK at Consumer Rights Defenders: CALL US ABOUT LITIGATION AGAINST YOUR BANK AT 818.453.3585, please read this urgent article affecting your rights…….
High Court Rules for Homeowners in Mortgage Dispute
Jan 13th 2015 11:48AM
Alex Wong via Getty Images
By Lawrence Hurley
WASHINGTON — The U.S. Supreme Court on Tuesday ruled in favor of homeowners seeking to back out of mortgages when lenders are accused of failing to follow a federal “truth in lending” law.
On a 9-0 vote, the court handed a win to an Eagan, Minnesota couple, Larry and Cheryle Jesinoski, over the $611,000 loan they obtained in 2007 from Countrywide Home Loans, now part of Bank of America (BAC).
On the technical question before the justices, the court said homeowners need only write a letter to the lender, as the Jesinoskis did, and don’t need to file a lawsuit in order to benefit from a provision of a federal law known as the Truth in Lending Act.
The law allows consumers to rescind a mortgage for up to three years after it was made if the lender doesn’t notify them of various details about the loan including finance charges and interest rates. The Jesinoskis filed their notice right before the end of the three-year period and filed a lawsuit a year later after the bank said it was disputing the claim.
The language of the law “leaves no doubt that rescission is effected when the borrower notifies the creditor of his intention to rescind,” Justice Antonin Scalia wrote on behalf of the court.
The provision is typically used by homeowners who are struggling to pay their mortgages. Lawyers for consumers say mortgage companies routinely violated the law in the years prior to the 2008 financial crisis. Lenders contend that notice is not enough if the bank in question disputes the homeowners’ claim.
Appeals courts had been split over what homeowners have to do to trigger this rescission process. The Jesinoskis appealed a lower-court decision that favored Countrywide. The Supreme Court reversed that lower-court ruling.
The case is Jesinoski v. Countrywide, U.S. Supreme Court, No. 13-684.
A BIG Case ruling on TRUSTEE DEED UPON SALE by BOA/BAC is Unconstitutional.
Thank you Neil for your efforts on this blog! I have learned so much from you from your posts. Attorneys and pro se litigants alike have a great resource to help defend against ILLEGAL FORECLOSURES with your posts, articles, and sample pleadings. That goes without saying your other paid services offer even more protection and legal strategies than your free blog can offer. Thank you again for your diligence and tenacity for setting the record straight.
Can you help me with Osceola County case 2009CA003487? Restarted with Owen sending me a bill.
BOA had the case from Countrywide amd used a robosigner to restore lost note.
I am a disabled Combat Veteran and would like to sue the bank. I NEED to hire you
WHERE ARE THE ATTORNEYS?? STEP FORWARD!!
ONE SINGLE PRO SE FIGHTING HARD FOR ALL HOMEOWNER-BORROWER-CREDITORS UP IN THE NEW CENTURY MORTGAGE AND HOME123 CORPORATION BANKRUPTCY. THAT LIQUIDATING TRUST STILL HAS MILLIONS OF DOLLARS IN IT!
HOW ABOUT IT ATTORNEYS—READY TO ROLL UP YOUR SLEEVES??
I been emailing and calling the contact number but in vain is there a
any ways to contact Neil or somebody to at least respond.
I have lost all hope and cannot fight any more.
I am homeless, destitute and disabled now because of WELLS FARGO, the evil banksters. Why no one is exterminating them, I do no know. I am in permanent shock forever that this can happen in the USA.
GOD HELP US ALL… IT IS TOO LATE NOW TO DO ANYTHING BUT PRAY. GOOD LUCK TO ALL YOU VICTIMS AND GOD BLESS.
I need help finding the blog “In Trouble Now” to download the intake form. Could someone email it to me I would be very appreciative
Several things, Home was foreclosed on recently but I’m holding on. Judge allowed plaintiff’s attorney for AHMSI & Deutshe bank to present (2) fraudulent assignments of mortgages from July 2011 newly made and out dated power of attorney documents from 2007 & 2008.
New assignments were signed by Emmitt Wilson IV who lied about being an attorney in fact and vice president for Ameriquest and Argent and Citi Residential Lending. He is a foreclosure specialist for American Home Mortgage Serving Jacksonville Florida offfice. After 60 minutes bust of Robo signers AHMSI used in house employees to redo assignments. These power of attorney documents were for the assignment of mortgage from 2009 signed by Brian Bly and Crystal Moore.
The Judge and attorney were aware of this old assignment and refused it as evidence. Then I had went to title company one of Fidelity National Financial subsidiaires and got a copy of an adjustable rate that had been forged and never signed by me that was in their files.
After I challenged assignments and POA judge to attorney to bring them back to court this never happened. The copy presented in foreclosure petition now had pay to the order without recourse stamped on it from Argent & Ameriquest.
The 1st one didn’t. I then discovered the judges order contained a signature that wasn’t signed by him and the wrong legal description of property. Got a copy of his signature from years ago and it was totally different. Plaintiffs attorney had sent Judge ruling to sign.
The notary from FNF showed up to testify. I had never saw them. The broker pretended to be the closer and took loan application and did closing. I never saw any documents after that. At trial I had copy of notary signature and stamp from Secretary of state office. they had signed checks, mortgage documents and other HUD statements and the signature was not what was on the notary stamp. Judge was made aware of this and he laughed stating to notary you could be fined and go to jail if you did this.
Next when I questioned them about a loan modification with a forged signature I didn’t signed dated 30 days after loan closed for a different amount of money and different loan number they admitted signing documents without the client being there and used the mortgage rush as their excuse. There were several documents notarized on Saturday I never signed. After trial I took plaintiffs exhibits and the ones I had earlier from the title company and discovered the that there were (5) loan applications in plaintiffs exhibits. Yes 5 the first 3 stated fixed 30 year convention loan and had the name of the broker I met. I only signed one.
Then the next two loan applications now showed the application dated the same day I closed the loan and it listed the loan rep at argent that appeared on escrow and HUD statements as now the broker at the company this broker company stating a face to face interview. Now showing an adjustable rate I never signed. This application showed a double income stated house built in 1950 when it wasn’t showed debts I never had and . It said I received over $90,000 in proceeds which I never did.
After counting up all the different HUD’s all showed various charges multiple ALTA fees. The title company refused to give this policy to me. Multiple charges for recording documents and even tax payments that I had paid before the loan. It appeared that the notary and this guy that now became the broker and was also the loan rep at argent allegedly were embezzeling money using my loan application and info.
The Title company has refused to let me see the file again. Their chief legal council was the one who allegedly did this by concealing issues of genuine material fact this would have changed the outcome early on with AHMSI Also the checks were full of mistakes and misspellings and allegedly out of sequence showing cross outs of names and weren’t typed on same machine very sloppy. None of them were signed by the notary based on their stamp & license. Again I go to court, I had never even received a notice of foreclosure until the summons, I told AHMSI & title company something was wrong and now the judge and attorney appear to be working together.
The attorney brought these unknown documents to me , when I asked the title company for the entire file they were concealed, but show up in plaintiffs exhibits. This man switched my loan to adjustable and has caused damage to me. He approved the loan from his home office then turned in several loan applications signing my name to allegedly embezzel money with the help allegedly of the notary Attorney said all records they presented came from title company. They even had a man show up to attest to fraudulent POA & assignments he had worked at Ameriquest and now was at AHMSI for this sharade to support the evil What can be done about this I want to keep my home. Allegedly, They all came together under a lie
This is the deal friends,
Allegedly Most of the attorneys and judges based on recorder of deeds have a interesting arrangement with their mortgages. Allegedly you will find if you look, they have multiple deeds of trust and loans 2-4 a year on the same house. Many of these loans are from the banks and mortgage companies that the work for to take your home in foreclosure.
See how many borrow mega money , then it;s paid back quickly and two months later they get another loan. Many of their loans are paid off by Docx & Lenders Processing. So when they have this deal why are they going to do right folks. The Gov doesn’t check this cash. It’s the same as a bribe. Do what you’re told get a home loan and no one the wiser.
This has been allegedly going on for years. No one bothered to check. Its also judges at the higher levels.. When lawsuits are filed against these companies they find away to dismiss or rule against the truth.. How many can actually show they made a payment. This is a game changer folks.
what is people to do if the judge allowed these bank of amercia to get away with this to foreclose on harding person home whom work all their lives bought homes.paid mortage on time until iiness,then try regroup to saved there homes lawyers not helping,judges not helping united states goverment give more to those who is doing a not single thing.where is the justice here.there is many scams claimlng to help first you got to give them money.why do pay taxes,vote.as citzen borned and raised in this country i feel all hope is gone.why wonder why people kill themselves,remember the lady whom shot her self in head and told her family to pay off the mortage with insurance money what a shame.however, this is continue to go on,citizen losing there homes.mrs jordan. july 06,2012
I have a problem acquiring my audit. Apparently World Savings Bank and “alleged trustee” Golden West SAS had some way of Hiding
their securitization process thru a Florida Bank named only as BB & T.
Nothing of Value showed up in the Bloomberg analysis search
We have requested another auditor / investigator to crack into the
records of BB & T to show how many times my loan has already been settled.
The only other audit that may be of help is the Insurance payout
audit for Credit Default Swaps already done with my alleged Loan.
Is there anyone who knows how to get these accomplished?
The entire judicial system is corrupt, every judge is being paid off. If you’ve never voted for anything, vote against every judge in this country. They’re CROOKS!!! The only justice will be when hyper inflation hits the world (it’s coming) everyone will lose their home including the corrupt judges.
To all victims of foreclosure in the state of Illinois…there is a very important hearing happening on June 8th. The Illinois Supreme Court Mortgage Foreclosure Committee has made its recommendations. 7 of the 9 guest speakers/letters/comments are from bank interest who want to take your homes!!! We must attend and let the courts know that we care, we’re here and we’re not going quietly.
you can printout all secularized loan info at SEC.GOV use the EDGAR
search engine on site put your NAME OF Plaintiff TRYING TO F/C on u you can get a certified copy for about $4 that’s right $4 from sec request on line email@example.com i think it on wed site anyway good luck i have 2 vol dis pro se so it can be done i am in florida
My friend recently went to court with an experts affidavit, which confirmed his note was not held by Wells Fargo, but in World bank REMIC 31, the affidavit specifically stated his loan level file was in that trust and Bank of NY was the trustee, this failed to impress the judge and was not accepted as evidence. World banks PSA or documentation is not readily available. The securitization software needed to research this information cannot be used to print out since it is propriety software.(at least this is what we were told) NOW WHAT? We are trying to get a judgement vacated.
Has anyone had an audit done that has been successful?
This is a very nice website and very informative. We are a law firm in Mobile Alabama that has been defending home owners in numerous wrongful foreclosure cases. From Bank of America to Wells Fargo, these lenders have abused the modification system and we have been litigating these cases for the last couple of years. I hope this website can continue to help many pro se defendants. Keep up the good work.
Wells Fargo is trying to evict us from our home of over 14 years. My husband went into organ failure and we fell behind. Wells Fargo (then Wachovia) offered us a modification, but after I sent in all the paperwork and tried to make the first payment, they would not accept the payment and claimed to not have received all of the paperwork. I applied for modification after modification with the same results and they still wouldnt do anything. I have proven that I can pay with the proceed of an annuity that pays out in 2013-2015, and that I can make modified payments until then with my income. Through more digging I have also found that my deed was altered, as well as most of my loan documents, and that the brokerage who wrote the loan was shut down by the California DRE.
Please if you can take a moment of your time and contact Wells Fargo Office of the President, Manager Michael Harrison at 515-324-2382 (direct line) or Representative Adam Horning at 515-324-5345 or toll free 800-853-8516 ext 45345 and ask them to reconsider their position on loan number 47451810 in Watsonville, California, my family would greatly appreciate the support.
I pray that phone calls of support for my family will force Wells Fargo to show our family some compassion and consideration and work a plan that will allow us to stay in our home, and keep my husband safe and well until the blessed phone call arrives that he will get his transplant.
Thank You for reading this.
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Judge came right out and said he knew nothing about these type cases. said settle it your self . and left the court room. How is that for tax dollars?
If you need some litigation help, call us immediately at 818.453.3585 M-F 9-4 PST, ask for Steve or Sara. Drop an email to us if you like to CR.Defenders@yahoo.com. State and Federal, nationwide and affordable.
EVERYONE MUST RECONGNIZE THAT MONEY IS REALLY A PROMISE TO PAY. THERE IS ONLY DEBT, THIS IS A DEBT BASED MONETARY SYSTEM.IT IS EASY TO BEAT THEM ONCE YOU UNDERSTAND THE GAME.EVERYONE CHECK YOUR TITLE INSURANCE, IT TELLS YOU THAT YOU LOANED THE BANK THE MONEY.AMERICA IS OPERATING IN BANKRUPTCY! RESEARCH THIS FOR YOURSELF.FEDERAL RESERVE IS A PRIVATE ENTITY NOT GOVERNED BY GOVERNMENT. IRS IS A TRUST COMPANY BASED IN PUERTO RICO! RESEARCH THESE THINGS.
Try filing a complaint to recuse the judge from the case. In California, there is widespread judicial corruption because the judges’ retirement funds are tied in with the major banks. Then re-file in Federal court. I’m getting ready to do the same thing…
Does anyone know if the above Contaxt Us works I have left several messages with no reply.
And everyone else.
I know what you mean. The judge had me in tears. This is why we have appeals. You don’t have to put up with that BS. We are going to win! Keep asking for money. Issue press releases to you newspaper. See if you qualify for indigent status. Get a court reporter to come. Get a friend to come to court to act as your paper handler/assistant. Keep going everyone. Sign up for Niel’s monthly membership. Write letter to your State reps. firstname.lastname@example.org
Racine , WI.
Aurora had a copy of my Note (that had webpage listed on the bottom looking to have been printed from the internet) that they altered it at least twice by adding an alonge and then added their name on it to file in BK court and then deleted their name from it to file in District court. They did all this without getting it re-notarized or having me re-sign (since the limited power of attorney in my mortgage docs would not have allowed for forgery) and the judge gave them my house because as a pro-se litigant I did not explain in enough detail in my amended complaint how these actions harmed me. So the new mom and her child have to find a home.
I just do not get it. Totes and totes of proof against AHMSI, thousands spent,and 4 years of my life. they have accepted offers over and over then decide no… they don’t like that buyer. now a water main coused 40 grand damage on a 50 thousand dollars house. They cannot bulldoze it. AND we still have people that will buy it. AH also gets a secure grant.
They break at least a dozen fair debt act laws a day, against each person.. Why don’t they just let it be bought?
They told me today that it is no longer my house so what was my motive. I told them, ‘I am right. I have been right for 4 years. If I have to live in a box. it will be in front of their headquarters.
I had the same thing have happen to me on 2010 which I’m appealing. In my UD case the attorney did not show up so I filed an Motion to Dismiss and it was set for three weeks later. Some how the court allowed the attorney to re-filed his UD before my Motion to Dismiss. I lost on the UD and my Motion to dismiss was override. Some how these judges have to pay for this fraud . But they are not afraid on what they are doing here in San Diego California or anywhere. I have heard all these stories about all the homeowners getting rip-off. Why??? I know the banks are paying them off. Why can’t we touch these judges and make them pay for their fraud?? There has to be something, the judges are the one stopping us from getting justice. The bank comes with ONE piece of paper and wins. We come with 100 pieces of evidence and lose. NOT RIGHT…
I have your book Foreclosure Defense workshop book I have a Judge
that is from hell. Everything I filled denied. Everything I filed into the court denied. Attorney no show, motion to Dismiss denied. Robosigner. The attorney filed for default judgment because a dead person did not answer the complaint. I answered the complaint but the Judge award judgement. Then she filed summary Judgment and got the summary judgement. All the while assignment was signed in New York with a Florida address with a Illinois zip code. The address in Illinois was never a bank in at this site but a conference room and way to small for a Bank. 5′ by 15′. the Bank that gave the assignment I do not have a Mortgage with Key Bank and Key Bank does not have my wife and myself in the computer at Key Bank so how can Key Bank sign over
my Mortgage to Bank of America N.A. with the name of Muriel Adams.