MAJOR WIN FOR CALIFORNIA HOMEOWNERS. WE CAN USE THE ASSIGNMENTS IN OUR WRONGFUL FORECLOSURE CASES. FEB. 2016 UNANIMOUS DECISION FROM CA SUPREME COURT
CAL WESTERN RECONVEYANCE AND ITS PARENT COMPANY FILED FOR CHAPTER 11 BANKRUPTCY IN DELAWARE–THIS IS THE LIQUIDATION PLAN. CAL WESTERN RECONVEYANCE PROCESSES THOUSANDS OF NON-JUDICIAL FORECLOSURES IN CALIFORNIA.
Cease and Desist Order against Citi and Wells Fargo.
There is currently a Cease and Desist Order against Citi Mortgage. Below is the complaint that I sent to Office of Comptroller and Currency.
There is currently a Cease and Desist Order by the Office of the Comptroller of the Currency against Mortgage Electronic Registration System. I am writing because I want something done about the Banks and MERS, because they continue to perform illegal transactions. I recently had a document that was posted to County Public Records by Citi Mortgage and MERS. It was a Deed of Trust for a transaction that was done back in 2005. Something was not right about them just now posting this document after so many years. I goggled the person that signed the document, Geraldine Ann Belinksi, Vice President. I found another Deed of Trust online that had the same person’s name on it, but this time it stated that she is the Assistant Secretary. I immediately got on the phone and called the office that was listed on the document, Citi Mortgage, 1000 Technology Drive, O’Fallon, Mo. I located the office where this individual worked and discovered that she is a mere processor. This has gotten out of hand and I am very skeptical that any of the transactions and documents that I have through Citi Mortgage are legal and binding. Why are they allowed to continue Robo Signing documents? I can be reached at 443-677-2799. Thanks James A. Smith
I did not call MERS to verify that she worked there. I call Citi and they stated that she was a processor. This is response that I received from Citi regarding the complaint
“Our records indicate Geraldine A. Belinski is a Certified Appointed signor for Mortgage Electroic Registration Systems Inc.”
My question is, does MERS have employees that work in Citi facilities? I do not believe this. I called and verified that she worked there and they stated she was a processor. How can I verify that they are lying, because Im sure that OCC will believe what Citi’s response was.
James Smith 443-677-2799.
June 6 2013–appeal decision-win for homeowner-BOA note and deed separated–BOA no authority to negotiate a loan mod at mediation
It’s going to be end of mine day, but before finish I am reading this fantastic piece of writing to improve my know-how.
Pro Se Homeowner files Motion to Recuse bankruptcy judge in Delaware re: her home/mortgage in California
can someone tell me how to find out if my mortgage has been securitized?
@Christie And Everyone with Any CO info…
Declared Ch13 BK in 10/08 – had to turn it to a 7 in 2010 after paying in better than 45k to BK and 48K to Litton on a ‘re-payment plan to ensure a good mod’. Thought I had a Fannie Mae mod via Fremont in ’07 – I have the papers. Billed by, and escrow statements from, Frem. and Litton 07-08. Strugged w/Litton since ’08 for mod on ARM – Started in ’05 with a ‘refi’ (w/of course the requisite 2nd ‘to cover their Fees’) by Fremont Inv and Loan as Lender (They’ve Stayed listed on papers as LENDER- they don’t exist), with MERS as Trustee, CitiCorp as f*all if I know, HSBC used a blank document with a scribble and no date no notary to “show the transfer” to them but are Still Showing they are the Trustee? for MERS for the Fremont Trust?! WTF??
HSBC filed a NOD on 5/3/11 – HAMP papers were due and in to Litton on 5/4/2011 confirmed by Litton and my fax machine-according to letters from them and their attorneys (not the same attorney as MERS/HSBC) if they had the papers by the 4th no Foreclosure would be filed. I went to court – sporting proof that this was Fraud, and MERS/HSBC was Not my Lender…I was Completely Blown Off and their “Certified Copy” of the original Note (a note that had been replaced by the supposed Fannie Mae note Fremont had modified us into). No Deeds, No Dates, No Notary.
I guess the Trustee’s RAISE that CASTLE
CASTLE STAWRAOISKI – Creepy Criminals – started the foreclosure case for HSBC, Now it’s onto the next Most Creepy – ARRONOWITZ!! The date kept getting put out – though I would’ve never known if I hadn’t gone online to check.
Now of course, Ocwen is in the mix as Lehman was allowed to buy Litton – with rules that were Totally Ignored – Ocwen had No info on our ‘loan’ when we contacted them after the transfer, even though we were in the middle of the HAMP decision! We had sent a QWR to Litton a day before getting our NPV denial, to which we resonded appropriately requesting a revaluation based on the facts we presented…. Of course, just like every other request/paper/fax/email, no response.
Ocwen had no idea we were requesting a NPV rev, NOR did they have Any of our application paperwork. That was in late November 2011!
November 3, 2011 – Our House Burned To The Ground! – (Firemarshall ruled a definate accident – don’t panic)
We tried to notify Litton (disconnected phone) so tried Ocwen on November 4th – the transfer wasn’t complete, they hung up on my on the 4th, 5th, 6th, 7th, 8th, 9th, 10th, and 11th – Seriously just hung up on me when I gave my loan number – okay, once they put me on hold for 45 minutes before disconnecting! Then finally – the week after Thanksgiving- they talked to us,
Ocwen sent NEW HAMP paperwork in January.
HSBC/MERS had Trustee sale on Feb 15th, 2012 – Amazingly sold a burnt down house that hasn’t been cleaned up – whose value (when compared to others close by) Was 250k – For $310k! To themselves – as a Trust for a Trust for MERS acting for my “Lender – Fremont…”.
Now, Litton listed on insurance as “Lender”, with my husband. Insurance paid up via escrow through 2013. We have to go to an EUO (examination under oath) – mostly because of the lack of communication from our Hired Help to our insurance. We have not received a settlement check yet – we lost 100% of Everything we have built up for 25 years and so did our kids!
Didn’t have the 5k for a retainer to fight the original pending fraudulent foreclosure, and was working on securing it when everything burned up – obviously we needed clothes, and basic necessities, so poof went what little I had into that.
Super – they waited till AFTER the 12/31/11 date of inclusion for the Gvnmnt Foreclosure review to steal the house – or remains of house!
Then we were sucked in by an ambulance chasing Public Adjuster with fake references after the fire, and they did Nothing, Communicated Nothing to the insurance company…basically screwed us both ways to Hell before we fired them and tried to find help elswhere – to no avail. The Insurance Attorney’s are all scared turdless because we had a BK in the past (SO WHAT?? – we hired attorneys, were honest with the BK Trustee etc..)
The GOOD Lisenced Public Adjusters are not willing to take it on now as there has been a Fclsure sale so it appears there would be no building claim for them to get 10% of, just contents.
The Mortgage Fraud/Foreclosure Fraud/Securities Fraud etc Attorneys are just plain IMPOSSIBLE TO FIND in Colorado!!
At this point I would sell my damn Organs for an Attorney!!
PLEASE, ANYONE with a Reference to an Attonrney, or some helpful advice… contact me at firstname.lastname@example.org Please. I’m at my end of my rope and scared sh*less.
Kinna, because Wells is so lousy. They foreclose, in some cases evict, and than do not file the trustee deed because they do not want to pay the taxes, insurance or upkeep of the property. That’s right, they foreclose, throw people out in the cold and than do not file the trustee deed back to the investor or pool because they limit liability while it stays in your name. reall mutts!!!
I happen to be lucky enough that my Deed of Trust can be looked up online, in Texas. I found that there have been 17 different filings on my home & now it says the it has a sub Trustee & it is in some womans name i’ve never even heard of. It started out Ameriquest with Deutsche National Trust & then it has been transfered into several different names of just people along with my husband & my names as well. I don’t understand any of it. We refinanced with Ameriquest in 2005 & there was not an assignment filed until 2007. I have been in battle with them since 2007.
If anyone wants to contact me i’m including my email address email@example.com
Mecklenburg County NC, My house was foreclosed last year. It was sold to three different lenders within one year. Now I’m getting letters for my help in correcting the Incorrect Legal Description for the property. The deed of trust didn’t have the subdivision name listed, or Phase 1, wrong block and map#, wrong map book#, and page#. Now I got a letter from Wells Fargo today saying that I owe $1,700 for house insurance. This is the same house that they sold last year. When I called them I was told that my name is still on the house. How was I legally foreclosed on if my name is still on the house? Was this contract that I made with the seller ever legally binding?
northwest trusted of washington becky beker and citibank, forclose my home,was still making payments to chase bank in august september october 2010 when i contacted nw trusteed they told me, to contact chase, i did, chase said was a late fee so i paid it.now my house is for close in jan 2011,i had no chance to defendet never recived any paper work..i have 30 day s to move,,,who do i talk to this is been unscrupulous.
This is for Christie,
Hi, I am interested in anything you’ve got concerning Castle, Meinhold & Stawiarski and MERS.
I knew that Mers had only been registered with the Secretary of State for Colorado a short time and that they had failed to submit their yearly report since then.
I would really like to see a copy of those minutes from the corporate meeting.
I live in Colorado and have several issues involving C, M & S and MERS, and Countrywide and now BAC.
I would really appreciate it you would send everything you have in this regard to me at Racindan55@msn.com.
Folks here in Colorado. I recently found out that MERS was NOT registered to transact business in Colorado until 7/27/2009, and currently NOT registered since Jan.2010 to transact business here. MERS Stockholders Report shows the States and countries that MERS ONLY ADMITTED or qualified to transact business (including state of incorporation) was AL, DE, MA, NJ, NY, OH, VA ONLY! This is there most recent report!! The stockholders report was filed 11/18/2005. I also hold a copy of the Minutes of the Meetings that Castle Meinhold & Stawiarski LLC attended all the meetings on 3/17/2005. ANYONE wanting a copy of that I wil most glady provide you a copy of this!
When MERS registered here in CO they registered as a foreign entity! Genpact is now the registered agent of MERS and if you look who is their registered agent it is WALGREENS!
CASTLE MEINHOLD & STAWIARSKI, LLC just recently changed names now to Castle & Stawiarski, LLC.
COOPER CASTLE IN NV is TIED by registered agents back into COLORADO. This firm is into MUCH MORE than just foreclosures! Like mineral rights and oil, and health reform!
Can anyone explain the difference between finding the information in the combo title and securitization search offered here, and the information provided in finding a loans’ PSA? What do I need to have to defend a foreclosure and how do I get the info on my loans’ PSA?
MERS Inc provided us your below email request concerning your mortgage. So we can better research this situation, please provide your GMAC account number and/or your property address.
GMAC MERS Department
From: Camelia Martin [mailto:firstname.lastname@example.org]
Sent: Tuesday, January 11, 2011 10:41 AM
Subject: Re: Contact Form Submission
MERS did not receive any additional information and was also unable to research given the information provided. We forwarded to GMAC since it has your company name listed in the email.
1818 Library Street, Suite 300
Reston, Virginia 20190
t: (703) 761-2111 f: (703) 748-0183
Date: Tue, 11 Jan 2011 16:15:42 +0000
To: Camelia Martin
Subject: RE: Contact Form Submission
Do you have any other identifying information, other than the contact name of Jenny Lawson? Without a property address, GMAC account number, MIN number or borrower SSN, we do not have any way of researching. Please advise. Thanks
From: Camelia Martin [mailto:email@example.com]
Sent: Monday, January 10, 2011 10:35 AM
Subject: FW: Contact Form Submission
Please see below for an email MERS received that mentions GMAC Mortgage. We cannot identify the MIN or MIN(S) that are related to the correspondence.
1818 Library Street, Suite 300
Reston, Virginia 20190
t: (703) 761-2111
f: (703) 748-0183
From: Debbie Brown [mailto:firstname.lastname@example.org]
Sent: Thursday, January 06, 2011 5:58 PM
To: Rachel Weber
Subject: FW: Contact Form Submission
From: email@example.com[SMTP:OAKTOWN133 @YAHOO.COM]
Sent: Thursday, January 06, 2011 11:57:52 PM
To: Debbie Brown
Cc: Dorris Hawkins
Subject: Contact Form Submission
Auto forwarded by a Rule
Department: Corporate Division
Contact Name: traumatized former homeowner
Contact E-mail: could be anyone
I found something very bizarre while reviewing the Trust Agreement of the Structured Asset Investment Loan Trust 2005-4
Could someone tell me what Joseph P. Kennedy and his descendants are doing in the Trust Agreement????
The respective obligations and responsibilities of the Trustee and the Master Servicer created hereby (other than the obligation of the Trustee to make payments to Certificateholders and the Swap Counterparty as set forth in Section 7.02, the obligation of the Master Servicer to make a final remittance to the Securities Administrator pursuant to Section 4.01, the obligation of the Securities Administrator to make a final remittance to the Trustee pursuant to Section 4.05 and the obligations of the Master Servicer to the Trustee pursuant to Sections 9.10, 9.14 and 9.31) shall terminate on the earliest of (i) the final payment or other liquidation of the last Mortgage Loan remaining in the Trust Fund and the disposition of all REO Property, (ii) the sale of the property held by the Trust Fund in accordance with Section 7.01(b) and (iii) the Latest Possible Maturity Date; provided, however, that in no event shall the Trust Fund created hereby continue beyond the expiration of 21 years from the death of the last survivor of the descendants of Joseph P. Kennedy, the late Ambassador of the United States to the Court of St. James’s, living on the date hereof. Any termination of the Trust Fund shall be carried out in such a manner so that the termination of each REMIC included therein shall qualify as a “qualified liquidation” under the REMIC Provisions.
Lehman brothers, greenpoint, aurora and sub-servicer gmac indymac bank
Recording date 11/02/10 page 0862 Notice of pendency of action was filed in Sacramento County with the recorders office. The civil case 2010-00072319 was dismissal without prejudice, it now becomes an aiding and abbetting, illegal foreclosure, eviction and sale.
GMAC relied on MERS, which is a software that EDS (at one time a General Motors company)created for the mortgage industry. In order to be valid the assignment must be recorded California Civil Code 2932.5
I can file suit under the fair debt reporting act.
Recording date 10/22/10 Buyer Name Lorenz William H. price 160, 000.
Document # BK-PG 20101022-1257 document type: Grant Deed
Seller Name GMAC Mortgage LLC
The only one time a attorney actually signed for gmac was Jennifer Vizgirdas, from the LPS Default title and closing. A division of LSI Title Agency Inc.
Legal Description Lot 95 Map Ref MAP5 MB 125
City/Muni/Twp Elk Grove
Recording date 02/16/2010 Buyer Name GMAC Mortgage LLC price 184, 500.
Document # BK-PG 20100216-1086 document type: Trustee’s Deed
Seller Name Lawson Timothy L, Lawson Genevieve P
Legal Description Lot 95 Map Ref MAP5 MB 125
City/Muni/Twp Elk Grove
Recording date 01/11/2010 Notice of Sale, (aka Notice of Trustee’s Sale)
Auction location 720 9th Street Sacramento CA
Document # BK-PG 20100111-0257
No one has the right to claim ownership of something and foreclose in the same month, date and year.
Recording date 10/09/2009 Document type: Notice of Default
Beneficiary Name Proffer Financial
Trustor Names Lawson, Timothy L; Lawson Genevieve P
Trustee Names ETS Services LLC
Was signed by a Trustee Sale Officer Geoffrey Allen with ETS Services.
Recording date 10/09/2009 Document type: Substitution of Trustee
MERS Mortgage Electronic Registration Systems Inc. as nominee for Proffer Financial was the original beneficiary under the said deed of trust dated 5/15/2006 and recorded on 5/24/06 as instrument no in book 20060524 page # 0324 of official records in Sacramento County.
Was signed by an Assistant secretary Cindy Sandoval from MERS.
Recording requested by LSI Title Company Inc.
Beneficiary Name ETS Services LLC
2255 North Ontario Street, Suite 400
Burbank, CA 91504
Document type: Substitution of Trustee:
Recording date 09/01/06
Beneficiary Indymac Bank
Recording requested by: T.D Service Company
1820 E First Street, Suite 300
Santa Ana, CA 92708
From Commerce Title Insurance Co.
Was signed by an Assistant Secretary Gina Arreola in Orange County, CA
Recorded July 18, 2006 book no 20050729 at page # 0899 in the official records of Sacramento County.
Does anyone know beyond speculation if 1)Lehman Bros Bank nka Aurora Bank and 2)Lehman Bros Holdings, Inc are or were MERS members?
To Larry Nava,
Bad News. Since the deed of trust by defintion contemplated a trustee, most courts – at least the ones I’ve seen – will allow a trustee to be named
at this time. So, yes, you have a loan. The deed of trust is only the collateral document for the note, anyway.
As to the comments concerning Colorado, absolutely right, not one lawyer in this state wants to get involved with this mortgage business, unless you’ve got a pocket full of money. There are no mortgages in CO just deeds of trust, and when I filed an ex parte motion for a temporary restraining order the Judge told me he wasn’t inclined to hear the case without the other party present???? I knew I was in trouble right then and there.
I had a Pacific Republic Loan with Countrywide as servicer and MERS as nominee. PRM went out of business by order of the state of california in 2004, the year after I took my loan. GMAC bought out a bunch of its assests but Countrywide has been running with the ball since day one and nowhere is there a recorded transfer or assignment from PRM to anyone.
I’ve been fighting this demon since October of 2006. Going to file motion in District Court for the Court, sue sponta, to re-examine the NED filing for probable fraud upon the court. The fraud is self-evident when you take the time to read the docs.
I too wonder how many trustees can be given power over the same documents. Problem is, the public trustee was given its assignment and nomination by the original lender and there has never been a recorded change in the originator of the loan so by what authority does the Trustee profess to be foreclosing with???? A Trustee only answers to that entity that granted to it the trust and no others.
This crap goes on and on and for those of you in Colorado familiar with Castle, Meinhold and Stawiarski, check out the US colo,d.court. case cite and you’ll find an increasing number of cases where this firm is listed as a defendant in fraud, forgery, theft, conspiracy, etc., etc., cases involving foreclosures. We might just have our own little robo mill right here in Colorado. Good luck to all of you wherever you live and keep up the fight.
I have to know this, PLEASE! Freddie Mac on their site says: I OWN YOUR LOAN! Wells Fargo calls Freddie Mac the INVESTOR! is there supposed to be some transfer of title to Freddie Mac to prove they own my loan? I have no recording on record, or is it that they didn’t have to do that?
thanks in dire NEED!!
Could someone please give me some feedback as what I am lloking at here:
I have my Deed of Trust in front of me and it says that the deed was given by and then my name as borrower to, but here there was patrot title and their address crossed out and hand written Alasser + alasser I think that is what it says. The it says trustee for the bennifit of MERS as beneficiary.
Any help is much appreciated.
A NAME GAME?
According to documents submitted to the Securities and Exchange Commission in 2007, a mortgage loan was included in a prospectus relating to an issuing entity named Wells Fargo Alternative Loan 2007-PA3 Trust, which is no longer reporting to the SEC (less than 300 shareholders). Interest for ALL of the included mortgages was sold to Credit Suisse (USA) as an underwriter in 2007, some were also sold to Citigroup (perhaps in duplicate).
However, HSBC Bank, USA is now claiming interest to this mortgage with recent assignments as a Trustee on behalf of Wells Fargo Asset Securities Corporation , Mortgage Asset-Backed Pass-Through Certificates, Series 2007-PA3. Various certificates were purportedly issued to investors. However, certificates themselves are NOT an ENTITY or a TRUST that can claim interest or foreclose on a property. Therefore, by foreclosing on a home as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Asset-Backed Pass-Through Certificates, Series 2007-PA3 and then re-selling it, who is gaining the income from all of the sales from the original Trust? I believe there is a little name game going on here that most by first glance would assume is the same entity.
what if on my deed of trust, line 3, for trustee is blank
isd there a loan?
I was able to locate the certificate:
424B5 1 v051833_424b5.htm
to prospectus dated 8/11/2006
When I called Aurora I was told they had nothing to do with it.
I have 2 hearings for the bk 13 the 1st one is 8/31/10 gmac is trying to have the automatic stay removed. They 2nd one is 9/2/10 the meeting with the trustee and creditors.
I went to a title company that had the same name then the previous one, I guess the previous employee’s are in jail, for their part. I was able to get the “Property History” for the house and it shows gmac in fact never did assigned the loan to them from greenpoint or indymac bank.
many months ago I stated on here our house was paid off, to this day we are still being told my “some” citimortgage employees that is the case, I recorded it, had an attorney ask me if a 120 Ruling, motion to sell our house has ever gone in front of a judge for approval. Well up until yesterday, there hasn’t been anything. We get in the mail yesterday, 11 days before our scheduled auction, a notice of hearing scheduled on sept. 1. How can citimortgage do things backwards? I do actually have proof that citi has already been paid first community mortgage from new mexico for this account and a letter from first community mortgages corporate attorney stating they no longer have any interest in our loan are not the servicer. How is this possible? I have also found evidence that his first loan was NEVER paid off by first community mortgage, just an open line of credit, that my husband was told was a second? We are filling with our District Court on Monday our response and putting our proof that citi has already been paid for this loan, as well as other docs.
Can citi do this? All the steps are backwards? In colorado the motion to sale has to be done first? There are NO attorneys here in Colorado who will help any of us!
Now what do we do? I have been told to do a Lis Pendus..not sure how to fill that out…file for a quite title…again not sure how to go about that, I want to name the correct parties. I have been told to do a full reconveyance since only my husbands name apprears on everything….again not sure how to do that..i have been told to place a lien…again not sure…..PLEASE ANY ONE???? firstname.lastname@example.org
Anyone who wants to close can do it. If you feel it is not the correct entity – or more likely you just don’t know who the correct entity is, consult an attorney. Just my opinions.
Consult with an attorney. I wouldn’t sign anything. Hasn’t it been years since you allegedly signed the original document? If so, in my opinion the only purpose for having you sign it again is so YOU lose YOUR rights. They are a title company. Didn’t they mess up the first time? This helps them cover their own problems up. They have insurance for errors and omissions. Consult with an attorney to determine if you have a claim – or what the real issue is.
I’m looking for some advice. I purasched a home in 2005. In 2006 I refinanced this same home. Due to hard times, and lost of employment, my house is up for a short sale. In the process. I was recently contracted by a law firm representing the title company, asking me to resign the deed of trust. So, I went to the county clerks office and looked at the public records. The only thing that is recorded is the first loan deeds and a satisfaction note stating that the first loan is satified. SO, I discover that the second loan is not recorded. No deeds of trust, no nothing. I haven’t signed anything yet. By the way, I told them that if they paid me $2000, I would resend. They agreed. Now I know something is wrong. Please advise.
Can anyone help? On my NOD an investor number is listed. The bank states it is a freddie mac invested loan. I have been searching high and low and cannot find anyplace that this number would relate too! Is there a way to find a securitization pool for Fannie Mae or Freddie Mac?
WILL BANK CEASE 401K OR ANNUITY $$ DURING A FORECLOSURE
How do I find Lehman’s pass through mortgage certificates?
US Bank National Association, as
Successor Trustee to Bank of America,
National Association, as successor by
merger to LaSalle Bank National Association
as Trustee for Lehman XS Trust Series 2007-9
Instead of an Allonge the Plaintiff is using nunc pro tunc to get an assignment of judgement and rights through summary judgement (granted) from LaSalle to BA to US BANK. The note I can not find but there is no assignments with the Register of Deeds
real quick question. In colorado how can the public trustee have the power of sale and MERS also have “the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell property……”.? Who actually gets to foreclose?
My NOD lists an investor number that is not named as Movant and isn’t listed in MERS nor the SEC website.
So, I ask – If the Investor is not a home loan lending bank what recourse do they have?
What equitable remedy are they entitled to enforce?
Aren’t they still third party interlopers to the loan agreement with limited recourse against the homeowner?
Inversely, we as homeowners remain unable to reinstate good standing with the proper lender whom we have the right to pay above their right to payment.
See, for bankrupt lender to settle liabilities, they err again when they sell unliquidated assets without knowing what ‘s been sold, furthering the chaos. Add insult to injury, these lending banks are bled assets from underneath, often in violation of stay orders or restrictions ordered in Ch 11 courts, because they have derecognized their asset loan pool.
Again, this further removes homeowner’s rights to remedy or cure, right to repay, and right to reinstate.
Recently, insurance companies that offered “credit enhanced” securities have become largely insolvent – or should I say illiquid.
“theory”, but that’s due to the fact that I am only now learning the proper language to make a coherent argument based on “law and fact.” In the meantime lawyers make assumptions, and only lay out part of the problem for the judge, as in my case. I just realized that adequate protection is not for the debtor, it’s nonexistent in Ch 13, unless you want to continue playing this insane game of making payments to third party interlopers who lack authority to foreclose.
It’s the third party obligatory contracts of other third-party contracts that have nothing to do with me, nevertheless they take steps to foreclose and take property.
The lender’s procedures are discoverable and for the most part are publicly available online, and knowing now what I didn’t know then, I would have done things differently, starting with the NOD, or at latest, the moment the “bank” turned down my request to reinstate.
I’d file an injunction or temp restraining order because third parties are on the move and are bound by contract to take property.
With a case pending in court, I’d then file a lis pendins.
I’d get my arsenal ready with a certified record of the NOD from the county recorder.
Then I’d obtain a property profile report from a Title company , and ask for all MERS reports that are accessible as part of the title chain.
My goal from the onset would have been to prove or disprove the proper chain to perfect security interest was timely and followed.
I’d always keep in mind that TILA is a self-remedy in many cases, yes I did say ‘SELF’ remedy – your lender as you knew him cannot – BY LAW – recognize you ( FASB 140). Sometimes the only remedy is the adversary proceeding where existing LAW unmasks pretenders with FACTS.
I keep referring back to the deed of trust, because when I compare what’s going on around me, third party actions aren’t in compliance with its terms, and irreconcilable.
I’m sorry I can’t insert applicable laws here, but I’ve compiled some from the IRS, Banking, USC, UCC, CCC, Fed Regs, FTC, Securites, and statements from GAAP, FASB, etc, but the one that comes to mind is Securities Investor Protection (act?) and Compensation (SIPC), I believe the Investment would be ‘taken’ by and distributed properly outside of bankruptcy, – simply stated -it’s all fun and games until the law shows up.
I have read recently that MERS is not the beneficiary of securitization of deed?
Please respond I have sent Reg Z letters to CitiMortgage Wilmington Finance and RCS.