Foreclosure Fraud – Guide to Looking Up Public Records for Fraud

Be sure to also see…

LINK – The Whole Country is BOGUS – Fabricated Mortgage Assignments All Over the Country

You wont believe your eyes…

Foreclosure Fraud – Mortgage Fraud – Assignment Fraud – Forgeries

Don’t be so fast to leave your home just because you are “behind” on your mortgage. Those payments might not be due at all, or if they are, they are probably not owed to the entity you are paying. In almost EVERY case, the “lender” seeking to foreclose on your home never owned your mortgage or your note. Don’t be a victim… Challenge EVERYTHING!!!

GO GET YOUR RECORDED DOCUMENTS!!!

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4closureFraud.org

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Tips anyone?


I sure could use some…

Comments
119 Responses to “Foreclosure Fraud – Guide to Looking Up Public Records for Fraud”
  1. To the guy with the moldy trailer: Mold is no laughing matter. Get out of there before the mold kills you. Walk away from the crappy trailer and declare bankruptcy. Do not pay the bank another penny. They don’t deserve your money – they may or may not have been complicit in the loan fraud your loan officer perpetrated, but aside from that, they’re a crappy bloodsucking vampire just from being a bank in the first place. Report your loan officer to Rachel Dollar, she is at http://www.mortgagefraudblog.com.

    You can file your own bankruptcy, which just costs the filing fees; if you want a lawyer it will cost around $1500. You seem like you’re smart enough to educate yourself in the right way to file your own bankruptcy since you’ve been fighting with your bank. If you get a lawyer, you can tell any collection agents who call that they must stop calling you and instead call your lawyer. Or you can just get a prepaid cell phone anonymously, and give that number to family and friends, and get rid of the phone the agents keep calling.

    Find a piece of “junk land” somewhere rural for $2000 or so, consider for anonymity’s sake forming a land trust to buy it in, using documents from http://www.totalrealestatesolutions.com or if they don’t have a land trust form then maybe some other legal forms website will have a form for sale, or look on Ebay for a used real estate investor course that might have that form, and make some friend or relative your trustee so that you aren’t the owner of record (so the foreclosing bank won’t try to attach your new property, although the bankruptcy will make it so they can’t do that anyway).

    Clear off a spot (hire a guy with a bush hog or let someone cut down a few trees and keep the wood in barter), buy a used RV or travel trailer, because this piece of land probably won’t have any utilities, get M.D. Creekmore’s book on how he did this and got off the grid, and don’t take out any more loans. Creekmore’s website is http://www.thesurvivalistblog.net/

    You can also just buy a used RV or retrofit a van, not bother with the land, get a mail drop and change your residency to Nevada, and become snowbirds. (this requires one trip to Nevada to get a new drivers’ license and the mail drop). Look in Craig’s List for the RV and pay cash, you might be able to get one for around $2500 or even less. Check out http://www.cheaprvliving.com for ideas. I say Nevada because they don’t have a state income tax, they’re snowbird friendly, and you can pretty much just walk in and get a new drivers license without having to prove you have an apartment in Nevada. The mail drop is enough.

    If you can’t afford any of this, is there somewhere you can couch-surf for several months in order to save up the money? You’ll need to get out of there anyway to avoid the mold. Also keep in mind that your mortgage payment, if you’re keeping it, you can save that up towards your new life.

    Good luck. If you take nothing else from this, take this: Refuse to play their game. You owe nothing to that bank. You are not messing your honor up by refusing to pay on that crappy trailer. It is possible to have decent housing for under $5,000. And I would sue that loan officer personally for fraud, just to make a point. You might be able to get Legal Aid to help you with that.

    PS: My blog is http://www.pennypincherpersonalfinance.blogspot.com. I have been a loan officer, legal secretary, real estate investor, and title examiner. I’ve seen a lot of crap and weirdness having to do with real estate.

  2. Sharon K says:

    Has anyone out there had problems with HSBC Beneficial??? I have been having an ongoing, never-ending nightmare with them since June 2008. I have an appointment Tuesday 6/21 with my lawyer who reading over our contract. When we took out our loan it was for 20 years at 7.50% FIXED….or so we thought! I lost my job, we fell behind but worked very hard to catch up. I found temporary work (off and on in medical transcription on line) over the past 3 1/2 years while HSBC continued to threaten and taunt us with numerous phone calls per/day and per/week. There is a whole lot more to our story but bottom line is most recently we discovered they filed the loan for 15 years and it is at 9.88%…..which we never would have agreed to. The phone calls have been numerous, the threats and arrogance have increased to the point where I get so upset with the phone calls and end up crying, because we get NO WHERE except that it’s all out fault and they are “doing all they can to help us.” How do you figure that when the original loan was for $125,000 and now it’s at $130,000!?!?!?!?! I am at my wits end with these people and the more I read about them and this entire nightmare the more I want to sue or fight back. I need some feedback to support my case. HELP!!!

  3. April says:

    MERS = scam against borrowers and FRAUD! Where is the DOJ?!?

  4. Rachel Bruzee says:

    In 1999 I got an Installment loan for a ranch style double-wide home (I was not able to get the home loan because it was considered a moveable structure with wheels. My mother co-signed. I later placed the double wide on land that was given to me. In 2001, I got a commercial loan to build a small home based business using a CD as collateral. The notes were both from the same bank and I kept them separate. a few years later I did refinance the commercial loan in which the bank released my CD to me and I used the land as collateral . The bank went out of business and the new bank took over. I never went to see if I could just combine the two notes over the years. After a missed payment for the commercial note the bank attempted to accelerate payments and summons for foreclosure action- ( I myself answered the summons and filed my answer stating to the court that I was trying to do a loan re-modification). I went to the loan department after I filed my answer to the summons. the bank told me they could combine the loans, stretch it out with no problem using my equity and cutting my payments in half. When collections department found out -they poo pooed it and their reason was because I answered my summons, it was out of their hands and that most people don’t answer summons it usually just becomes an automatic default . So they hoodwinked the court into thinking that the loans are tied together as one. The courts attorney sent them a letter stating that they were prohibited in seeking more than the commercial loan default but they got away with that as well I believe because it was never brought up and I did end up losing the commercial default judgement. I just wrote a letter to the courts attorney to let her know that the loans are entirely separate and not tired together. I also let her know that because the loans are separate, it would appear to me that they would have to file another judgement default against the ranch style double wide.Anyways i feel that I have grounds for a law suit>

  5. gail michael says:

    I don’t know if my problem applies here but… I entered into a lease/purchase contract with an “investor” in 2007. I gave them $10,000 down payment and $1,000 a month rent. This was a 3yr contract – 2years, if I didn’t exercise my option, then it would go into the 3rd year, which is what happened. 9 months into the 3rd yr contract, the investor took out bankruptcy and even though they stated in their bankruptcy I was in a lease/purchase contract, they still gave the house back to the bank and also spent all of my money. I have been frantic for a year trying to get the bank to negotiate with me but they won’t because I am not on any of the paperwork. Upon investigating, I found the investors didn’t own the house, their name is not on the title anyplace. The house was placed in a Trust with the investor’s sister as Trustee for the family trust of the original home owner. She supposedly made the investor beneficiary of the trust which they say gave them the right to do as they pleased with the house. The contents of the Trust are not public information so no one knows what is written in it. Further investigation proved the original home owner passed away in Dec 2009. Now the house is going to have a bank foreclosure sale on May 24, 2011. It was postponed due to my proving the real owner of the house is not known. I am literally going to be on the street when this sale is finalized. I am a senior citizen and cannot find help anyplace. I hired an attorney who in his heart feels I am doing just fine. I am financially devastated and emotionally a wreck. Is there any help out there at all for me?

    • I am sorry to hear about your situation. This is not legal advice, my opinion is that you do have standing in order to bring an action against the lender for an equitable interest in the property. Have your attorney bring an action against the lender for quiet title.

      This will move the court to verify the real party of interest. Make a motion to settle with the lender to assume the current market value of the home and create a new loan for you.

      Go to http://www.Lawyers.TL to be referred to a real estate attorney in CA.

  6. Deb in Crested Butte, CO says:

    I live in Colorado. I just found this link & tried to get the free Looking Up Public Documents but it has been pulled. Can anyone send it to me? I would be very thrilled! GMAC Mortgage LLC & BankUnited FSB (shut by OTS 5/21/09) are pulling all sorts of things – an allonge just surfaced (not notarized or dated) as well as a Corporate Assignment of Real Estate Mortgage that was signed by a man who used some other notary commission number from a man who died 2 years earlier. Help! GMAC (the servicer) told us Wells Fargo owned our note and then in another letter said Deutsch Bank, as Trustee owned it. Now a week ago GMAC filed an Assignment of DOT from the original lender, BankUnited FSB, to themselves & recorded it in our county records. How do I track down any of the previous assignments? Any ideas would be helpful. Thanks so much!

    • yvonne says:

      I can tell you that you may want to save all documents as they are produced…the new assignment is most likely bogus…and GMAC used to or still does own Homecomings Financial / a GMAC company (do some research so you can better analyze what is happening) and you will also find out in your research that Deutsche Bank owns GMAC….along with some other banks…and servicers….

      If a lawsuit was filed against you for foreclosure, they should have attached all the chain of titles (assignments) along with a copy of the mortgage(make sure it is a copy of the original and not tampered with prior to recording)….other than that…unless the assignments were recorded…you will have to assume there was a break in the chain of title. Hopes this helps….I would like to see those letters…and that new assigment….

      • Herbert Lubitz says:

        I have the same issues with Homecomings, GMAC, Nationstar.
        The qualified written request I sent to Homecomings came back as undeliverable, GMAC claims that they were just the servicer (documented letter) Nationstar denied being the note holder and just the servicer.

      • Deb in Crested Butte, CO says:

        Hi Evonne, thanks for the info. I would be happy to send you my docs/letters from GMAC and also the new assignment (actually there are 2 assignments. One dated 3/25/11 that I found at the clerk & recorder office & one dated 3/2/11 that GMAC sent me. How do I get them to you?

    • yvonne says:

      Yes , Deb…you can send the docs to me…I will send you an email where you can send them to…give me a number to call so I can give you my email address….

    • carie says:

      You MUST make them PROVE they are an ACTUAL LENDER trying to foreclose—they can’t! DEBT COLLECTORS are trying to foreclose—NOT LENDERS. There are NO LOANs in the subprime mortgage fiasco—no chain of title—only fraudulent paperwork—they created loan “products” with “pretender lenders”—don’t let a debt collector steal your house—they lack STANDING and OWNERSHIP of your house—don’t believe them—it’s a giant con to keep re-selling false default debt—you must educate yourself and FIGHT them!!!

      • John Beekman says:

        I had a foreclosure complaint issued against me by Washington Mutual (WaMu) before they was into bankruptcy. JpMorgan Chase continued the lawsuit using the WaMu name throughout and a judgment was issued against me in the name of WaMu. JpMorgan claimed they were assigned by the FDIC to be the owner / and or processer of the mortgage. They never produced an actual assignment and the recorder of deeds office has no assignment -only the original WaMu mortgage and WaMu note.

        Does anyone have any advise , or know of any attorney who had had this kind of judgment vacated. Also the law firm they used is being sued and investigated for having paralegals sign attorneys names on thousands of foreclosure documents. Thanks anyone.

  7. That is a great publication. First thing we always try to figure our in our foreclosure defense cases – “who the heck owns the loan versus who claims to own it.” Securitized loans is a mess. Steve Vondran, Eds.

    • Herbert Lubitz says:

      Then Nationstar tried to assign the mortgage over to themselves as assistant secretary of MERS and at the same time being the Foreclosure manager for Nationstar Mtg. This person being Jayme Towner. But have not heard from the Foreclosure mill PHELAN HALLINAN & SCHEMIEG,LLP of PHILADELPHIA, PA. even reporting to all the credit agencies while ordering a Rescission, and the Qualified Written Request. The documents were forged and doctored and have less then beliveable when they are matched with my signature, which I am a lefthander, that they did not take into concideration when they forged the documents.

  8. Bust them! says:

    THE REAL ISSUE IS WHAT IS NOT IN THE PUBLIC RECORD! CONCEALED FROM THE PUBLIC RECORD! THE CONCEALED COUNTERFEIT LOANS NOT FILED WITH THE PUBLIC RECORD IS WHERE THE CRIME REALLY HIDES! THE PUBLIC RECORD IS A DISTRACTION! IT APPEARS THERE IS A RACKET TO CONCEAL WHO AND WHAT HAS BEEN DONE!

  9. Bust them! says:

    What good are ‘public records’, when it is the concealed virtual ‘digital record’, concealed from the
    ‘public record’ that contains the reality versus the illusion. WAKE UP! NO MORE DOUBLE SPEAK!

    • Tim Bryant says:

      If your state requires public recordation, there is an equitable defense you can claim in court if it hasn’t been recorded over a period of years. This is called the doctrine of Laches, which creates an estoppel (meaning it bars a party from asserting a claim). This is when an entity with a legitimate interest fails to assert that claim over an extended period, at their own peril, when they had a duty to act to preserve that interest. The tricky part is the judge decides what an “extended period of time” is.

      If your mortgage docs require the instruments to be recorded, you have the added benefit of an estoppel by deed, and “in pais”.

  10. M.Soliman says:

    Maher Soliman is now publishing by email as livinglies has cut him off. This guy was talking about things two years ago the press is now learning. So why did you cut him off. Wow.

    According to Soliman – This situation is not going to get anyone their home back. It’s not the storyline that is unfortunate but the cause of the problem. This is a subrogation claims event the FDIC has had thrown onto them. It’s the enforcement of depositor’s claims against a failed bank. The liquidation of assets held and transferred to the successor bank. Last time this happened was 1933 and it’s not something the FDIC is familiar with.

    I believe the loans were given to the debt collectors and they were told to execute in accordance with state laws and to do what is necessary and get back these homes. Did the FDIC have any idea of what was in store with this ignorant and vile means and method of recovery? No, I don’t believe so. But now they are forced to live out the dilemma and the courts are not going to budge. Expert.witness@live.com

  11. Jack Gevish says:

    Is American brokers conduit is it still ligal entity?

  12. Jim Patrick 970-856-8868 says:

    I AM HAVING TROUBLE FINDING A COLORADO ATTORNEY THAT IS WILLING TO TAKE ON THE CASE OF HELPING ME WITH THE UP COMING FORECLOSURE…………………SO I AM PROCEEDING PRO SE. BUT I FEEL
    THAT THE BANK OF LAWYERS THE LENDERS WILL HAVE WILL EAT MY LUNCH.

    I ALSO FEE THAT A CLASS ACTION LAWSUIT IS THE WAY TO GO…….SURE WE HAVE TO DO OUR INDIVIDUAL THING, BUT AS A GROUP, I FEEL TH;AT WE WILL HAVE MORE IMPACT.

    I UNDERSTAND THE FEELING EXPRESS YOU LEGAL PROBLEMS, BUT WE ALL HAVE THE SAME THING, WHAT WE NEED IS DETAILS, DETAILS. CASE LAW, TRICKS, FILING PAPERS (COPIES) ESC. TO HELP EACH OF US DO THE FIGHT. SO WITH THAT THOUGHT IN MIND I HAVE ENCLOSE FOUR (4) COURT FORUMS THAT I AM PREPARING FOR THE DAY THAT MY FORECLOSURE STARTS; HOPE IT HELPS SOMEONE …………….I AL NEED SUGESTIONS JIM PATRICK 970-856-8868 jimpatrick@tds.net

    here are the copies …give me your thoughts back via E-Mail and also add it to the blog for others.

    XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
    CORNERSTONE MORTGAGE COMPANY
    THE BANK OF NEW YORK MELLON FKA, THE BANK OF NEW
    YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWALT, INC
    ALTERNATIVE LOAN TRUST W2005-36 MORTGAGE PASS THROUGH
    CERTIFICATES SERIE3S 2005-36

    ATTORNEYS FOR PLAINTIFF;
    CASTLE MEINHOLD & STAWLARSKI, LLC
    999 18TH Street, Suite 2201
    Denver, CO 80202
    303-865-1440

    Re: My request for a copy of all;
    ORIGINAL PROMISSORY NOTE SIGNED IN WET INK,
    ORIGINAL MORTGAGE SIGNED IN WET INK.

    Jimmie Harold Patrick
    Barbara Louise Patrick
    24964 Cedar Mesa Road Cedaredge, CO 81413
    Loan #

    Dear BANK OF NEW YORK MELLON FKA, THE BANK OF NEW YORK

    I am the owner of certain real property located at 24964 Cedar Mesa Road, Cedaredge, CO

    81413 which is security for a loan made by CORNERSTONE MORTGAGE COMPANY, 1177 West

    Loop South #210, Houston, Texas 77027 to me on 28 March 2005. Please produce for my inspection

    within ten (10) days the Original Promissory Note (signed in wet ink), Original Mortgage (signed in

    wet), and Original Deed in trust (signed in wet ink) which I signed on 28 March 2005.

    If you have any questions regarding my request, please call me at 970-856-8868

    Sincerely,

    Jimmie H. Patrick & Barbara L Patrick

    (Page 1 of 2)

    CERTIFICATE OF SERVICE

    I HEREBY CERTIFY that a true and correct copy of the above and forgoing has been furnished

    by U. S. Mail to CORNERSTONE MORTGAGE COMPANY THE BANK OF NEW YORK

    MELLON FKA, THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS

    CWALT, INC ALTERNATIVE LOAN TRUST W2005-36 MORTGAGE PASS

    THROUGH CERTIFICATES SERIE3S 2005-36 ATTORNEYS FOR PLAINTIFF; CASTLE

    MEINHOLD & STAWLARSKI, LLC 999 18TH Street, Suite 2201Denver, CO 80202
    this 27th day of December 2010.

    Jimmie H. Patrick & Barbara L Patrick

    Copies to:
    Bank
    Plaintiffs Attornies
    Delta Clerk and Recorder
    Delta Treasurer
    Districk Court file copy

    XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

    ( Page 2 or 2 )

    DISTRICT COURT FOR THE STATE OF COLORADO
    COUNTY OF DELTA
    509 Palmer Street, Delta, CO 814216

    CORNERSTONE MORTGAGE COMPANY CASE NO:_____________________
    THE BANK OF NEW YORK MELLON FKA Date 31 Decemer 2010?????
    , THE BANK OF NEWYORK AS TRUSTEE
    FOR THE CERTIFICATE HOLDERS CWALT, INC
    ALTERNATIVE LOAN TRUST W2005-36
    MORTGAGE PASS-THROUGH CERTIFICATES,
    SERIES 2005-36

    ATTORNEYS FOR PLAINTIFF;
    CASTLE MEINHOLD & STAWLARSKI, LLC
    999 18TH Street, Suite 2201
    Denver, CO 80202
    303-865-1440

    Plaintiffs
    V.S.

    Jimmie Harold Patrick and Barbara Louse Patrick
    24964 Cedar Mesa Road, Cedaredge, Colorado

    Defendants

    REQUEST FOR PRODUCTION OF DOCUMENTS

    Defendants Jimmie Harold Patrick and Barbara Louise Patrick requests Plaintiff/s

    CORNERSTONE MORTGAGE COMPANY THE BANK OF NEW YORK MELLON FKA

    THE BANK OF NEWYORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWALT, INC

    ALTERNATIVE LOAN TRUST W2005-36 MORTGAGE PASS-THROUGH CERTIFICATES,

    SERIES 2005-36 produce, within thirty (30) days of the service hereof, at 24964 Cedar Mesa Road,

    Cedaredge, Colorado 81413 the Original Promissory Note (signed in blue ink), Original Mortgage

    (signed in wet ink), and Original Deed of Trust (signed in wet ink) signed by the Defendant/s on

    ( Page 1 or 2 )

    25 May 2005. Exhibit A copy of letter sent to the Plaintiff’s and to their respective attornies on XXXXXX Date. Cop;ie of letter is attached.

    Exhibit B U S. Postal Service Signed receicipt showing proof of service to the above
    Plaintiffs on XXXXXXXX dates and time.

    Jimmie Harold Patrick and Barbara Louise Patrick

    24964 Cedar Mesa Road, Cedaredge, CO 81413

    CERTIFICATE OF SERVICE

    I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been

    furnished by U. S. Mail to CORNERSTONE MORTGAGE COMPANY THE BANK OF NEW

    YORK MELLON FKA, THE BANK OF NEWYORK AS TRUSTEE FOR THE CERTIFICATE

    HOLDERS CWALT, INC ALTERNATIVE LOAN TRUST W2005-36 MORTGAGE PASS-

    THROUGH CERTIFICATES, SERIES 2005-36. ATTORNEYS FOR PLAINTIFF; CASTLE

    MEINHOLD & STAWLARSKI, LLC 999 18TH Street, Suite 2201 Denver, CO 80202

    this 25 day of December 2010. 303-865-1440

    Jimmie Harold Patrick and Barbara Louis Patrick

    ( Page 2 of 2 )

    XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

    DISTRICT COURT FOR THE STATE OF COLORADO
    COUNTY OF DELTA
    509 Palmer Street, Delta, CO 81216

    CORNERSTONE MORTGAGE COMPANY CASES # !-XXXXXXX
    THE BANK OF NEW YORK MELLON FKA, DATE 21 March 2010 ??
    THE BANK OF NEW YORK AS TRUSTEE FOR
    THE CERTIFICATE HOLDERS CWALT, INC
    ALTERNATIVE LOAN TRUST W2005-36
    MORTGAGE PASS-THROUGH CERTIFICATES,
    SERIES 2005-36

    ATTORNEYS FOR PLAINTIFF;
    CASTLE MEINHOLD & STAWLARSKI, LLC
    999 18TH Street, Suite 2201
    Denver, CO 80202
    303-865-1440

    vs.

    Jimmie Harold Patrick and Barbara Louise Patrick
    24964 Cedar Mesa Road, Cedaredge, Colorado
    Pro Se
    Defendant

    MOTION FOR INJUNCTION

    Defendant/s Jimmie H. Patrick and Barbara L Patrick, hereafter refereed to Defendant. Prays to the court to issue an INJUNCTION against the Plaintiffs to stop the foreclosure on the Defendants property located at 24964 Cedar Mesa Road, Cedaredge, Colorado 81413.

    The plaintiff’s have failed to produce the required ORIGINAL PROMISSORY NOTE (signed in wet ink) and THE ORIGINAL MORTGAGE (signed in wet ink), By not producing the ORIGINAL documents, the plaintiff’s have failed to show the court that they have LEGAL STANDING. Neither Bank of America or the Plaintiffs have complied with the law in producing evidence that they have Legal Standing to Foreclose on the Defendants property. We therefore ask the court to place an INJUNCTION to stop the foreclosure) against the plaintiffs.

    The plaintiffs have failed to show that one or the other is the single and rightful, lawful holder of the Genuine Original Promissory Note (signed in wet ink). Defendants request that the Plaintiff Show with full and complete accounting and disclosure how you came to be my alleged mortgage servicer with any legal standing to foreclose on the defendants property. How did you become the rightful owner, We request that you show a full and complete accounting and disclosure how you came to be my alleged mortgage servicer and owner of the Original Promissory Note (sign in wet ink) with the lefal standing to foreclose.

    The plaintiff further states that we, the defendants owe you a certain amount of monies, we therefore as the plaintiff to describe what monies were loaned, in what form, and have they received any monies in the form of TARP government funds or funds from either Freddie Mac or Fanny May in payment of this alleged mortgage.

    “PROPIETARY INTEREST”

    EXHIBIT A Copy of Bank of Americas bill for payment. The court can take notice that
    Bank of America is sending monthly mortgage statements implying that they have the Promissory Note and legal standing, however they have failed to produce the Original Promissory Note (signed in wet ink).

    EXHIBIT B Copy of the Plaintiff foreclosure filing. A copy of the foreclosure papers are
    Included in Exhibit B, and the plaintiff clearly fails to show the court that they
    have Legal Standing in this matter.

    BLACKS LAW DICTIONARY: Standing, n. (1942) A party’s right to make a legal claim or seek judicial enforcement of a duty or right. . To have standing in federal court, a plaintiff must show (1) that the challenged conduct has caused he plaintiff actual injury, and (2) that the interest sought to be protected is within the zone of interests meant to be regulated by the statutory or constitutional guarantee in question. – Also termed standing to sue. Cf, justiciability. (Cases: Action 13; Federal Civil Procedure 103.1)

    “Have the appellants alleged such a person stake in the outcome of the controversy as to
    assure that concrete adverseness which sharpens the presentation of issues upon which the court so largely depends for illumination of difficult constitutional questions? This is the
    Gist of the question of standing. “Baker v,. Carr, 369 U.S. 186, 204, 82 S. Ct. 691, 703
    (1962) Brennan, J.).

    ‘The word standing is rather recent in the bzsic judicial vocabulary and does not appear to have been commonly used untul the middle of our own century. No authority that I have found introduces the term with proper explanations and apologies and announcements that henceforth standing should be used to describe who may be heard by a judge. Nor was there any sudden adoption by tacit consent. The word appears here and there, spreading very gradually with no discernible pattern. Judges and Lawyers found themselves using the term and did not ask why they did so or where it came from. “Joseph Vining, legal identity 55 (1978)

    CASE LAW #1 XXXXXXXXX Legal standing
    XXXXXXXXX
    XXXXXXXXX

    CASE LAW #2 XXXXXXXXXX Legal Standing
    XXXXXXXXXX
    XXXXXXXXXX

    CASE LAW #3
    Deutsche Bank National Trust Company, Cleveland, Ohio, 31 October 2010
    by Judge Christopher A Bouyko, Federal District Court ruled;
    That the 14 foreclosures be stopped; stating; “The institutions seem to adopt the attitude that since they have been doing this for so long, unchallenged, this practice equates with legal compliance. Finally put to the test, their weak legal arguments compel the court to stop them at the gate.” “That the mortgage pools are
    creating a problem and they cannot identify who holds the mortgage notes.”
    “Reveals a condescending mind set and quasi-monopolistic system where financial institutions have traditionally controlled, and still control, the foreclosure process.”

    LAWYER NOTES; O. Max Gardner III states…”A collateral question is, has the mortgage
    note really been transferred and assigned to the securitization trust? If not, then they really don”t have standing, It’s Law school 101.

    April Charny, a consumer lawyer at Jacksonville Area Legal Aid in Florida, who has been practicing foreclosure law since the late 1980s said she rarely sees proof of ownership in cases involving securitization trusts. Her group has 30 to 50 such cases and not one of the lenders’ representatives has produced proof of ownership predating the foreclosure action

    The Defendants Additionally pray that the District Court place an indefinite stay on all future forecloses on the defendants property at 24964 Cedar Mesa Road, Cedaredge, Colorado 81413, until the Fifty (50) state attorney generals complete their investigations into the possibility of; Fraud, theft, RICO charges and Ponzzi Scheme’s by the banks, lending institutions, investment firms, transfer firms and any other agencies involved in the handing of mortgages or funds associated with the defendants mortgage. This stay shall include all transactions on the State of Colorado legal authority, by the Colorado Attorney General, Delta County Sheriff, or any other inity within the state of Colorado.

    The Defendants additional pray that the District Court place an indefinite stay to the foreclosure of the Defendants property at 24964 Cedar Mesa Road, Cedaredge, CO 81413, while the Federal Bureau of Investigation, the U. S. Attorney Generals Bank Fraud Division completes their investigation of possible Fraud, theft, RICO charges and Ponzzi Scheme’s by the banks, lending institutions, investment firms, transfer firms and any other agencies involved in the handing of mortgages or funds associated with said Promissory Note or Mortgage transactions on the national / federal level in violation of the U. S. Federal legal system, U. S. Banking Regulation, and the United States Constitution.

    Dependants further request theDistrict Court to order the Delta County Sheriff to Stop all future court house steps auction of future foreclosure sales in response to the investigations by the 50 state attorneys offices and the Federal Bureau of investigations and the U. S. Attorney Generals fraud investigation division into the possibility of Fraud, theft and RICO charges and Ponzzi Scheme’s by the banks, lending institutions, investment firms, transfer firms and any other agencies involved in the handing of mortgages or funds associated with said mortgage transactions on the national / federal level in violation of the U. S. Federal legal system.’Defendants further request the courts to extend this order to cover all 64 of Colorado Sheriff’s departments in the State of Colorado

    CASE LAW #! XXXXXXXXXXXXXXX Court ordering stay on foreclosusre due to Inv.
    XXXXXXXXXXXXXXX
    XXXXXXXXXXXXXXX

    CASE LAW #2 XXXXXXXXXXXXXXX Court ordering stay on foreclosusre due to Inv XXXXXXXXXXXXXXX
    XXXXXXXXXXXXXXX

    CERTIFICATE OF SERVICE

    I HEREBY CERTIFY that a true and correct copy of the above and forgoing has been

    furnished by U. S. Mail to CORNERSTONE MORTGAGE COMPANY THE BANK OF NEW

    YORK MELLON FKA, THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE

    HOLDERS CWALT, INC ALTERNATIVE LOAN TRUST W2005-36 MORTGAGE PASS

    THROUGH CERTIFICATES SERIE3S 2005-36 ATTORNEYS FOR PLAINTIFF; CASTLE

    MEINHOLD & STAWLARSKI, LLC 999 18TH Street, Suite 2201Denver, CO 80202
    this 27th day of December 2010.

    Jimmie H. Patrick & Barbara L Patrick
    24965 Cedar Mesa Road Cedaredge, C) 81413 970-856-8868

    XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

    A Separate myself with a …. capitis diminutio maxima name ????

    EPOST FACTO LAW:

    DISTRICT COURT FOR THE STATE OF COLORADO
    COUNTY OF DELTA
    509 Palmer Street, Delta, CO 814216

    CORNERSTONE MORTGAGE COMPANY CASES # !-XXXXXXX
    THE BANK OF NEW YORK MELLON FKA, DATE 21 March 2010 ?
    THE BANK OF NEW YORK AS TRUSTEE FOR
    THE CERTIFICATE HOLDERS CWALT, INC
    ALTERNATIVE LOAN TRUST W2005-36
    MORTGAGE PASS-THROUGH CERTIFICATES,
    SERIES 2005-36

    ATTORNEYS FOR PLAINTIFF;
    CASTLE MEINHOLD & STAWLARSKI, LLC
    999 18TH Street, Suite 2201
    Denver, CO 80202
    303-865-1440 Plaintiffs
    vs.

    Jimmie Harold Patrick and Barbara Louse Patrick
    24964 Cedar Mesa Road, Cedaredge, Colorado
    Pro Se
    Defendant
    ________________________________________________________________________________

    MOTION FOR DISCOVERY
    ________________________________________________________________________________

    The Defendants further request the court to require the Plaintiff to produce through the DISCOVERY MOTION the follow items for the inspection of the Defendant/s. The defendants
    mailed a certified letter to the plaintiff requesting the three (3) documents. See Exhibit C and a Delta District Court request for the three documents, see Exhibit D. The plaintiff’s have failed
    to produce the requested documents. Their failure to produce the original promissory note, the
    original mortgage, and the original deed of trust (signed in wet ink) puts the plaintiff’s in a
    position of not having legal standing in this court or any other court.

    DISCOVER MOTION: The Plaintiff has failed to show the proper linkage, so the Defendants are requesting all the documents, photo copies, tape records, e-mails, FAX’s and any other communications in regards to the transfer of the mortgage from one lending/investment organization to the next lending / investment organization, until its arrival in the Plaintiff’s custody with proper assignment and payments and fees to all the governmental agencies that such fees are due and payable upon such transfer.

    This would therefor indic According to the Records in the Delta County Clerk & Recorders office and the Delta County Treasurers Office, it shows the following recordings of promissory notes, mortgages and deeds.

    CORNERSTONE MORTGAGE ,GREEN POINT MORTGAGE FUNDING, WASHINGTON MUTUAL, COUNTRYWIDE MORTGAGE (went into bankruptcy) AND BANK OF AMERICA. There is a gap between Bank of America and THE BANK OF NEW YORK MELLON FKA, THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWALT, INC ALTERNATIVE LOAN TRUST W2005-36 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-36 that the plaintiff, and perhaps MERS, and other unknown parties have failed to do the legally required transfer linkage of documents to the various Delta County authorities. A motion for discovery is requested from the Delta District Court to the plaintiff/s requesting the following missing documents to show proper transfer linkage and the proper payment of all taxes, fees, and any other monies required by law to the Delta County and the State of Colorado authorities as required by law.

    1. Proper assignment of transfer of all documents from one lending Institution to the other. See Exhibit #A evidence of missing linkage during the process.The Bank of America is the one demanding payment of the monthly mortgage however the plaintiff in this matter is the one demanding the Foreclosure.

    EXHIBIT #C Personal certified letter to the plantiff’s requesting the original promissory note, and the original mortgage, and the original deed of trust. (Signed in wet ink)

    EXHIBIT #D Delth District Court ordered from the plaintiff to produce the original promissory note, the original mortgage, and the original deed of trust, (signed in wet ink)

    CASE LAW #2 XXXXXXXXXX Legal Standing
    XXXXXXXXXX
    XXXXXXXXXX

    CASE LAW #3 XXXXXXXXXXX Legal Standing
    XXXXXXXXXXX
    XXXXXXXXXXX

    Colorado state law requires that all lending institutions, mortgage companies and investment organizations must ……(STATE THE LAW HERE) ?????

    It is obvious that there are missing documents and transfer of assignment documents missing from the Delta Court house records. The last recorded banking institution is Bank of America, however
    it is the CORNERSTONE MORTGAGE COMPANY, THE BANK OF NEW YORK MELLON FKA, THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWALT, INC ALTERNATIVE LOAN TRUST W2005-36 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-36 filing the complaint and action for foreclosure. It is obvious that there are missing documents and files as evidenced by the missing files in the Delta Clerk & Recorders office and the Delta County Treasurers office.

    MERS never held the promissory note, thus its assignment of the deed of trust to
    nominee possesses few or no legally enforceable rights beyond those of a principal whom the nominee serves.

    MERS is the likely company to have a hand in the missing transfer assignment to the Delta County Courthouse records system.

    BLACKS LAW DICTIONARY: defines a nominee as (a) person designated to act in place of another, usu. In a very limited way” and as (a) party who holds bare legal title for the of others. “Black’s Law Dictionary 1076 (8th ed. 2004).

    This definition suggests that a nominee possesses few or no legally enforceable rights beyond those of a principal whom the nominee serves. MERS never held the promissory note, thus it’s assignment of the deed of trust to ocwen separate from the note had no force

    “284 S.W. 3d at 624; see also In Re Wilhelm, 407 B.R. 392 (bankr. D Idaho 2009) (standard
    mortgage note language does not expressly or implicity authorize MERS to transfer the note.) In re Vargas, 396 B.R. 511, 517 (Bankr C.d. Cal 2008)

    MERS IS WIDELY USED BY THE INDUSTRY TO KEEP TRACK OF THE SERVICE RIGHTS ON HOME LOANS. There is approximately 10 million originators and servicers using the MERS system
    and they have approximately 60 million homes under this mortgage electronic recording system nationwide. Due to a mixture of mortgages and securities are backed in one form or the other. MERS
    is often listed as the “mortgagee of Record”. This was done to get around the slow and clumsy county recording system and possibly to avoid paying the necessary fees, taxes, and doing all of the record keeping process.

    FANNY MAE – stated the mortgagee of record, the service must prepare a mortgage assignment transferring the position from MERS back to the service. And then giving The foreclosure in its own name.. Assignment from FANNY MAE back to the SERVICE Must be recorded before the foreclosure can proceed.. Since 2006 FANNY MAE has required servicers to file foreclosure actions in their own name in JUDICIAL STATES where [proceedings take place in the courtroom, ….. beginning May 1, 2010, FANNY MAE is adding that same stipulation to foreclosure petitions in non-judicial states, which allow lenders to foreclose without involving the courts. MERS has the authority to initiate foreclosures in certain jurisdictions. Check Registry.

    REFERENCE TO EXHIBIT A AND B:

    In a landmark national case; Bank Kesler, 2009 Kan. Lexis 834, the Kansas Supreme Court held the MERS has no right or standing to bring an action for foreclosure, stating that the role of MERS “is more akin to that of a straw man than a party possessing all the rights given a buyer” MERS does not have standing to pursue a foreclosure, and the parties who purchased the mortgage from the original lender do not have standing because they were not signatories to the original contract. MERS never held the promissory note, thus its assignment of the deed of trust to ocwen separate from the note had no force.

    In addition the following case; “284 S.W. 3d at 624; see also In Re Wilhelm, 407 B.R. 392 (bankr. D Idaho 2009) (standard mortgage note language does not expressly or implicity authorize MERS to transfer the note.) In re Vargas, 396 B.R. 511, 517 (Bankr C.d. Cal 2008)

    Blacks Law dictionary defines a nominee as (a) person designated to act in place of another, usu. In a very limited way” and as (a) party who holds bare legal title for theof others. “Black’s Law Dictionary 1076 (8th ed. 2004). This definition suggests that a nominee possesses few or no legally enforceable rights beyond those of a principal whom the nominee serves.

    A detailed list of signatures working for the various lending institutions, as Mortgage companies, Mortgage Electronic Recording System, Inc.(Known as as MERS)., a list of entries and documentation at Freddy Mac and Fanny May in regards to the Dependants property. The individuals currentlly are referred as ROBO SIGNERS which have neither standing or working knowledge of the legality of what they are signing.

    MOTION FOR DISCOVERY:
    XXXXXXXXXXXXXXXXXXXXXXXXX
    XXXXXXXXXXXXXXXXXXXXXXXXX
    XXXXXXXXXXXXXXXXXXXXXXXXX

    Additionally place an indefinite stay on the stoppage of the foreclose on the defendants property at 24964 Cedar Mesa Road, Cedaredge, Colorado 81413, until the Fifty (50) state attorney generals complete their investigations into the possibility of; Fraud, theft and RICO charges and Ponzzi Scheme’s by the banks, lending institutions, investment firms, transfer firms and any other agencies involved in the handing of mortgages or funds associated with said mortgage transactions on the state/s level.

    Place an indefinite stay to the stoppage of the foreclosure while the Federal Bureau of Investigation, the U. S. Attorney Generals Bank Fraud Division completes their investigation of posssible Fraud, theft and RICO charges and Ponzzi Scheme’s by the banks, lending institutions, investment firms, transfer firms and any other agencies involved in the handing of mortgages or funds associated with said mortgage transactions on the national / federal level in violation of the U. S. Federal legal system.

    Dependants further request the court to order the Delta County Sheriff to Stop all future court house steps auction of future foreclosure sales in response to the investigations by the 50 state attorneys offices and the Federal Bureau of investigations and the U. S. Attorney Generals fraud investigation division into the possibility of Fraud, theft and RICO charges and Ponzzi Scheme’s by the banks, lending institutions, investment firms, transfer firms and any other agencies involved in the handing of mortgages or funds associated with said mortgage transactions on the national / federal level in violation of the U. S. Federal legal system.’Defendants further request the courts to extend this order to cover all 64 of Colorado Sheriff’s departments in the State of Colorado

    CASE LAW #! XXXXXXXXXXXXXXX Court ordering stay on foreclosusre due to Inv.
    XXXXXXXXXXXXXXX
    XXXXXXXXXXXXXXX

    CASE LAW #2 XXXXXXXXXXXXXXX Court ordering stay on foreclosusre due to Inv XXXXXXXXXXXXXXX
    XXXXXXXXXXXXXXX

    EPOST FACTO LAW:

    CERTIFICATE OF SERVICE

    I HEREBY CERTIFY that a true and correct copy of the above and forgoing has been

    furnished by U. S. Mail to CORNERSTONE MORTGAGE COMPANY THE BANK OF NEW

    YORK MELLON FKA, THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE

    HOLDERS CWALT, INC ALTERNATIVE LOAN TRUST W2005-36 MORTGAGE PASS

    THROUGH CERTIFICATES SERIE3S 2005-36 ATTORNEYS FOR PLAINTIFF; CASTLE

    MEINHOLD & STAWLARSKI, LLC 999 18TH Street, Suite 2201Denver, CO 80202
    this 27th day of December 2010.

    Jimmie H. Patrick & Barbara L Patrick

    XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

    MERS at times does not use a seal and just states – NO SEAL

    MERS has no Proprietary interest in the Property.

    MERS can’t show a clear title to the property.

    A PARTY MUST HAVE A STANDING “PROPIETARY INTEREST” …MERS is not the lender.

    IF THE BANK WON’T GIVE YOU DISCOVERY, LEARN ABOUT “Subpeona Duces Tecum”
    and how to properly execute the document and subpoena;
    sf42 …………. ?
    s-1 ………?
    s-3 ……………?
    424-b5 prospectus. …..?
    This will be a lot of reading, but in these documents it should show that the one bringing the action have no standing, not the holder of the note.

    IF YOU CAN HELP PLEASE DO SO…….. GOD BLESS, AND THANK YOU FROM THE BOTTOM OF MY HEART
    Jim Patrick

  13. master Chief West says:

    I am a 100% Service Connected – Totally & Permanently Disabled Veteran. In March of 2006 my wife (not a Veteran, but disabled also) applied for our first home loan via the V.A. Home Loan program. We approached our bank; Bank of America, they informed us that they were indeed able to handle V.A. Home Loans and further, they said BOA was on some list of preapproved lenders that the DVA maintains. We were assigned a V.A. Home Loan Specilist by the name of Jack Felts.

    Many things transpired in the course of getting the loan and many DID NOT.

    1. We have recently discovered that the home we purchased, NEVER QUALIFIED for the V.A. Home Loan program.

    2. Falsified documents were created and submitted by Jack Felts and the persons he hired to perform certain tasks. Falsified appraisals, inspections, flood zone maps, my and my wifes credit reports/history and a completey fabricated Manufactured Home – Foundation Inspection. Also; Jack Felts noted on the volumes of paperwork that my wife was/is a Military Veteran/Active Duty Member of the United States Armed Forces.

    3. When I asked Jack Felts if I needed to hire an attorney at any stage in this process, his reply was; “I am your loan specialist and will be acting as your representative. I will make sure that everything is correct and that you understand all that transpires. It really would be a waste of your money to pay an attorney to do what I do for free.”

    4. We sold a BRAND NEW, PAID IN FULL Clayton Manufactured Home upon the word of Jack Felts calling us to say; “You’ve been approved, the closing date is set, get ready to move.” When that closing date never materialized, we were left to live in the street. I know Felts did not force us to sell our paid in full home, but he sure emphisized time and time again that; “The money you make from the sale of your current home, sure would make this transaction go more smoothly – were it to be deposited in an account with BOA.” THAT is EXACTLY what we did.

    5. Jack Felts never showed at closing when it did finally begin. We were told by a Ms. Henson at Metro Abstract (a place we had never heard of nor had been to) that we needed to be at her office for closing and that Jack Felts would meet us there. He never showed.

    6. The seller used a name that is NOT one that is listed in a group of names identified as; “The ONLY parties having legal right to sell, transfer or convey this property to another.”

    7. The contract for sale that we signed with ERA Realty, does not, in any description or fashion whatsoever; describe, allude, mention, state – either cleary or in fine print, that the sale was for SURFACE ESTATE ONLY. Jack Felts certainly did not tell us that, nor did anyone else at anytime. This was discovered some three years later when we receieved partial paperwork from Metro Abstarct and BOA.

    8. No one at any stage of obtaining mortgage, explained that even if we lived long enough to pay this note off; we would still NOT OWN THE LAND – SURFACE OR MINERAL. That we were entering a Co-Op and would have to pay ‘ground rents’ forever. That the water company in reality owns the land and has a vested interest in establishing a “SOLID WASTE TREATMENT FACILITY on site.

    9. Our Insurance Agent that had provided coverage on the manufactured home we purchased in Muskogee – Hilda Ritchie, showed at closing. She had already in her possesion the balance of a paid in full; one year homeowner’s policy that she was to apply to the coverage price of the new purchase. She had been informed of the sale of the NEW manufactured home and was directed to cease coverage and hold the premium balance until such time we contacted her for new policy coverage on this home. How she even knew of the closing is a mystery. Why she showed and was written a check is an even bigger mystery. She also received, accepted and deposited TWO more full year premiums (totalling three full years and one half year) – one sent to her by Bank of America, the other by my wife. When I noticed these gross over-payments, I called Hilda Ritchie and demanded she refund the payments save one. She offered the lowest amount of the payments in her possesion, that being the balance from the coverage we purchased on our home in Muskogee. This was given to us via a check from her personal account, not an agency check.

    10. Jack Felts, OUR ONLY source of guidance and protection; avoided us at all costs. He left all of our FINANCIAL records from BOA – with seller’s realtor/realty company. All of my personal banking information including personal checking and savings, was given over to the SELLER’S REALTOR! Why? He even phoned us and told me to drive from Muskogee to Wagoner to get the records. He stated that he had a prior comittment and could not drive the extra 15 miles to our home. He also insisted that I ALONE meet with the foundation inspector at the prospective home. This would be a near 95 mile drive, round trip for me. When I went to the seller’s realtor to retrieve my documents, Pat Wurton handed me a couple of forms. She asked that I sign my and my wife’s name to the document. It was a form letter explaining that her fiduciary responsibility was with seller and that ERA Realty owed myself and wife NO ETHICAL RESPONSIBILITY AT ALL. Ironic.

    11. I was not then nor am I now eligible for a Veterans Home Loan. I have defaulted Government backed Student Loans; Department of Education. I was not aware that this precluded me from qualifying for a VA Loan at the time. When we met with Jack Felts and he had me sign a few documents to apply for the loan, there was a space in which inquiry is made regarding any government backed loans that the applicant has defaulted on that are currently in collections. I had with me letters from the Honorable Thomas Coburn -Senator Coburn was assisting me with getting the loans dismissed since collections had begun and my Social Security disability payment was in jeapordy of being taken. I had a letter from the Department of Eductation to Senator Coburn and cc’d to me; stating that my case met the criteria required by law and the loans were being “CONSIDERED” for dismissal. I have been attempting to get these excused according to law that allows for release of obligation to Veterans rated 100% Service Connected – Totally & Permanently Disabled wherein the Veteran’s disability is considered to cause a condition of unemployability. I had with me a letter from my VA doctor stating that; “Veteran is not now employable, nor is he likely to be in the foreseeable future.”

    The above and foregoing is a very small list of discrepencies and wrong doing that were put into motion either directly instigated by Jack Felts or indirectly as a result of his failure to uphold and carry out his obligations as our fiduciary. But for his actions and negligence; I would have never agreed to any of the conditions of this sale. He stated to us that he “had done over 50 VA Home Loan deals” and this was no different than any of the others. He assured us that his duty to protect our financial well being was a primary concern of his and Bank of America.

    Pror to closing, we received a phone call from Felts in which he requested that I meet a foundation inspector as this was a Manufactured Home Loan, additional requirements must be meet in this area. The man I met up with, upon seeing the foundation, uttered aloud but to himself; “This will never pass for a V.A. Loan.” When I questioned him, he explained that it was okay because Jack Felts would bring the piers, tie downs pads etc.. into compliance. Never happened.

    There are numerous other items; RESPA violations, TILA violations. The fact that the seller’s appraisal was inflated and false. Much more. We knew of none of the above mentioned items until last year when we finally, after numerous phone calls; RECEIVED SOME OF THE PAPERWORK FROM CLOSING! We had only seen our appointed V.A. Home Loan representative, Jack Felts – ONCE. That was the day we applied at the Muskogee branch of BOA. We to this day, have never seen him in person and if called; he hangs up as soon as he knows it is us. He refused to send ANY paperwork from closing so we had to go around him and speak directly to the Mortgage Department. We were eventually cut off from communicating with these folks but not until we reached a concerned and undersatnding gentlewoman. She mailed us as much as she could find. Our recent attempts at contacting her are met with statements such as; ” SHE IS NOT YOUR LOAN REP! You may speak with Jack Felts ONLY! If you need general information, we can provide that, we will not and can not send any more paperwork regarding your loan.”

    My wife took it upon herself to begin researching this entire matter when certain conditions came to light. She has had to struggle with her afflictions, my disabilities and try and become a ‘home schooled’ paralegal – all at the same time. The emotional stress, physical pain, marital stress we both continue to suffer and deal with as a result; is fast becoming something so overwhelming, I am seriously in fear for our lives.

    Our 1996 trailer home is full of mold, so much so that the walls have buckled in two rooms. One of the exterior wall panels is nearing complete failure. It is buckled so much so that you can see light shine out from inside. (Appraisal of FORTY YEAR REASONABLE EXPECTED HABITABLE LIFE SPAN!) The tie downs on the mobile home have NEVER been properly affixed. The north end of the trailer is setting approxiamtely 4 to 5 feet in the air, upon uneven and haphazardly stack concrete blocks. (The measurement of 4 to 5 feet is from the underside of the trailer to ground. The roof on that end is probably 20 feet in the air!)

    We have been burglerized so often that we must use a kick-bar on the front door, exit through the rear. I have installed a flat span of iron strapping in which I managed to cut/drill a slot at each end. This allows me to padlock it across the rear entry/exit when/if we leave home together. We were not informed that meth labs exist in the nieghborhood until we moved in, and then only by our nieghbors. One of these labs was at the end of our street. IT BLEW UP! The seller’s realter did tell us to; “Never go there (the then prospective home) by yourself, the nieghbors would probably shoot you.” She said this in reply to my wife expressing her desire to go look at the home by ourselves. I now think that her statement was partly true but meant mostly to keep us away while the details of the sale were made, including the taking of our earnest money and Jack Felts taking 400.00 outside of closing (RESPA violation) for an appraisal that was NEVER done.

    There is so much wrong here, all parties, excluding myself and my wife; had knowledge of all the problamatic areas that existed (and still do, most have worsened now) up to and after closing.

    We were at the mercy of BOA and Jack Felts who told us; “I WILL BE ACTING AS YOUR LEGAL REPRESENTATIVE FOR THIS REAL ESTATE SALE…” and that we would have no need of hiring an attorney. He went further to “comfort” us by stating; “..I will deal with the real estate people, if ANY of them attempt to arrange a meeting without me being present; declne and inform me as soon as possible.” He took from us the amount of 340.00 on this first and what turned out to be, only face to face meeting we would ever have with him. The money was for an appraisal in order “.. to verify what the seller’s appraiser reported.” We have yet to see Mr. Felts’ appraisal nor have we received this out of closing (RESPA Violation?) money returned to us.

    The seller’s appraiser states in the official appraisal he provided, many many discrepiencies. He provides comparables that DO NOT EXIST, save one. The only noted existing comparable used, is reported as being not even one mile in distance from our home; in reality it is over 15 miles from our decayng, used and hazardous trailer. Also, discrepencies in the title examination made by appraiser are evident. Well, out and out FALSE AND DECEIVING information is given by seller’s appraiser. One of which is the title history. My wife researched the title and found that right up to and until the very same month we closed, there were SEVERAL dubious and seemingly nafarious actions going on behind the scene that we were not made aware of; sales, pawns, loans, liens, title transfers, quick claims, quite titles etc..

    The appraiser states, “No changes in title or deed were found in a THREE YEAR PERIOD PRIOR to the date of appraisal..” My wife found over 10 in the past year alone! We even tried to refinance to get away from Bank of America and we spent 200.00 to have another lender run an application. It was declined, NOT DUE TO OUR EXISTING LOW CREDIT RATING (which was WORSE when we got the BOA – VA Home Loan in 2006), but rather; we were turned down due to “LACK OF COLATERAL” Home and property according to their appraiser was 55,000.00 less than the 60,000.00 selling/purchase we “negoiated” but at closing, mysteriously was increased by nearly 2000.00.

    The paperwork at closing was for the most part, left blank. My wife was not allowed to be seated with me, giving us BOTH an opportunity to look at the paperwork. She was told by Crystal Henson; “Oh no! You can not set there. YOU are NOT a veteran, this does NOT concern you. You are not a party to the loan.” At first I thought they had made her leave the room entirely, I could not even see her. After a flurry of documents were placed before me, in which I was directed to sign and or initial, I did catch a quick glimpse of my wife. She was seated at the furthest point away from me as we set at a long conference table. The seller’s realtor was leaning over and blocking her from my view.

    There came a time when I noticed that many of the documents being quickly placed in front of me (Henson never at any time completely let go of any page) and then removed as soon as my pen left paper – were BLANK! When I questioned this, I was told by Cyrstal Henson (Metro Abstract Company) that; “Jack Felts will have ALL the completed documents, no blanks. He will go over those with you and if they are incorrect you will be able to recind your offer and get your money back. Or you could just not sign, we will keep your earnest money and you can go back to living in the fucking streets!” The time it took to sign the paperwork was approximatley; ten minutes – not more than fifteen at the very most. I was completely exhausted both physically and mentally. I felt I had just left an interrogation, my only comfort was that we were going to be able to go over all of this with Jack Felts. I was sure that he would find any errors or omissions amd would protect our financial interests. We, to this day, have never seen him again.

    All persons at closing, including seller, were previously made aware of our current living conditions (or lack thereof) our health conditions and particularly; why I was 100% Service Connected – Totally Disabled. They used all of this to their advantage. We were never offered preclosing counciling that we have discovered is available. WE WERE NOT EVEN MADE AWARE THAT SUCH A THING EXISTED! I was under so much pressure, was made to feel as if I personally was at fault for the delays and was even threatened by on of the seller’s sons; I probably would have signed anything just to get myself and my wife out of that room.

    We had been at the abstract offices from 0900 to 1630 hrs, waiting for Felts. Sudenly Henson announced to all; “We are going to do this and get this seller his money so he can get on the road, he has to drive to California. We can’t make them wait any longer.” My wfe and myself were just in a state of shock really at all what was going on. We had not a clue what to do, there was no one there to keep our best interests intact and we were made to feel as if this was all our fault. When we received what we thought were the complete records of the closing transaction, it was 3 years after the two year statute of limitations had run, we did’nt even know of a statute of limitations until we received the paperwork!

    We are now BOTH so weak from EXTREME AND RAPID WEIGHT LOSS, sudden onset of inflamed eye conditions, breathing problems and just generally sick and miserable from the mold. The anxiety (I suffer P.T.S.D., depression, anxiety disorder amongst others – my wife has severe chronic migraines and severe chronic fibromyalgia with P.T.S.D.) is ever increasing with each; “Well NOTHING YOU CAN DO”, reply to our inquiries, I fear we will not live more 1 to 2 years at this rate. My weight dropped close to 140 lbs in a 3 month period, my wife lost 110 in the same time. Our teeth are falling out (mine more than her’s – I am 10 years her senior) Her fibromyalgia has increased to levels of pain so dramatic, that at times she can’t even stand clothing or her own hair touching her body. Her migraines have increased so much that she is consuming a dangerous amount of the new migraine medications, I fear her heart will give out. (A listed side effect – one that killed a friend of ours at age 26) These things and much more can be varified by contacting Dr. Bradshaw at the Topeka, KS Comery/O’neil Veterans Hospital.

    I tried calling V.A. Home Loan, OIG and others, I was told by the V.A. that “..we do not enforce lenders to maintain status in-keeping with V.A. Home Loan policies, get an attorney.” WHAT!! I called because in this instance, I was not the only victim as I see it. The V.A. was, as well as the American taxpayer. But NOBODY cares and we continue to die in our home full of mold. We have had numerous insurance claims and repairs, they will NOT address the mold issues. I was told by a lady at HUD that when she traced the numbers on this trailer house, she found it to be a Katrina damaged and salvaged unit. She has since “taken early retirement” or so we are continously told.

    The Wagoner County Court Clerk’s Office shows that the seller, uses a vast number of names – all similar but with subtle differences; paid $1800.00 for the trailer and $3000.00 for the land. He was here for 5 or 6 months (we paid ALL his past due and owed taxes at closing-among MANY other unagreed upon costs, fees, and very strange charges), claimed homestead and then placed it on the market.

    How could it have gone from a value (recorded at Wagoner County) of $5300.00 to the listed asking price of $65,000.00 in six months? Of course had Jack Felts upheld his fiduciary responsibility and showed up at closing or met with us after, he would have or should have had MANY MANY concerns that needed addressing. I can tell you this, had ANYONE told me that I was buying a trailer that was through Katrina, purchased for 1800.00, placed on land costing 3000.00, that said purchase was surface only, may or may not contain the ADVERTISED adjoining lot – I WOULD HAVE WALKED AWAY AND NEVER LOOKED BACK. I would have GLADLY let them keep the 500.00 earnest money. However; no one bothered to explain, even when asked. In fact the majority of this was withheld from us and not discovered by us until WE became ill from the mold and started to question the sale since the paperwork had never been given to us – until THREE YEARS AFTER CLOSING.

    We have been laughed at, had phones slammed in our ears, been told that there is NO ONE THAT CAN HELP YOU EVEN IF THEY WANTED TO- NO ONE! I just find that statement amazing in itself! Everyone that has listened to any of our story has responded with similar remarks; “Sounds like a great civil lawsuit, you need an attorney” Even the VA said this to us after my wife carefully boxed her research and mailed it FEDEX overnight. We watched the tracking, the VA person that was to examine her documents, didn’t have the vast amount of paperwork for an entire day! It was returned with a not stating that “..it appears as if there is fraud with your mortgage lender frasud/mortgage fraud/title fraud etc.., However, the VA can not handle a civil lawsuit for you, get an attorney.” WHAT?!

    If they agreed that a fraudulent VA Home Loan transpired, the VA is NOT interested in persuing the criminals? I will explain like I did to the VA office, we are trying to report a crime. If I was defrauded in a VA backed loan, then surely the Department of Veterans Affairs was defrauded in the backing of said fradulent loan.

    I am no legalman or lawyer, but it only seems reasonable to me that since we did not receive the paperwork from closing until three years past; our statute of limitations regarding court petition to be made whole and released from a fraudulent real estate transaction – would not begin until such a time that we had had the documents in our possession in order to examine them. A Muskogee attorney, a Tulsa attorney and a Claremore attorney have all agreed with me on that issue.

    But since “..there is no money for an attorney in this type of lawsuit (60,000.00), none will accept it..” I am astonished at that. I worked for a period of time in the Navy at the Naval Legal Service Office – Pearl Harbor. The Officers/Lawyers there seemed to display the apitomy of ethics, concern and professional conduct, maybe that type of lawyer is long gone. If so, we the people will NEVER be able to afford or retain proper competent legal representation ever again in this country.

    We have since found a list of people, that seem to have ownership to both acres. One of these is our Rural Water District! WE NEED HELP! I do not want to die here, nor pay for someone else’s property or let the V.A. be held responsible if we default. THE V.A. is as much a victim as we are! PLEASE I BEG YOU; SOMEONE JUST LOOK AT OUR PAPERWORK AND MY WIFE’S 9 MONTHS OF INVESTIGATION AND HER PAPERWORK! PLEASE!

    • Attorneys are required to provide ‘pro bono’ work as part of ethics and oath of office.
      Can you get the VFW to help get you connected with the MEDIA and bring attention to your plight! and this man and Metro TItle. These agencies are use to people throwing up their hands and giving up unable to find help to take them to court.

      Sadly when we are harmed by unlawful business acts involving – banking – commerce the Jurisdiction belongs to the Attorney Generals. Regular

      Unethical attorney’s take cases that involve such matters into civil court. Sadly consumers lose the majority of cases for the Court may not have have Jurisdication over the subject matter.

      Thank you for serving. Please type a letter and bring to your Congressman at his local office where his Constitutient Manager can process a request from you making Congressional Inquiries on your behalf:

      Walk in with a letter

      We Petition Redress of Grievances having suffered substantive harm from unlawful acts involving commerce and banking False Claims, Misrepresentation, False Statements, intent to take our property by deception, Bank of A merica by OMISSIONS of material facts collaborating allowing secret loan originations transactions to be processed resulted in harm and your are prayerfully seeking Injunctive and remedy both tort and punitive as allowed by law humbly requesting the federal administrative agencies responsibel for supervisory powers to process the inquiries and your Congressman to place the facts of harm and injury with the Justice Department ….

      862-881-2482 From Mary Cochrane – Save America One Mortgage At A Time
      Master Chief! – Indeed there is someone who can help.

      Know that loan originations are done in secret and OMISSIONS of material facts as ‘alleged’ are criminal acts and the Attorney General of your state and the US Attorney General of your state will be interested in the Complaint.

      However, all citizens must submit any ‘complaints’ first or simultaneously by filing your consumer complaint on-line. Bank of America will be the Servicer another deceptive act. Metro Title will be involved most likely as Settlement Agent. How the ‘Insurance’ Agent knew is thru the brokers/dealers/agents who do the loan originations in secret as ordered by the ‘Servicers’ and when the loan origination documents and mortgage on the RV were presented it would be from the SERVICER another OMISSIONS of material facts with intent to prevent you from seeking relief from acts of harm.

      The Attorney General given Jurisdication by the Legislature can investigate complaints for unlawful business acts in your state and there are agents who will do intake in person without an appointment. You need to bring full documentation and facts including names and addresses and more.

      A letter to your Congressman of your Congressional District and two Senators must include your
      Petition to Redress Greivances Seeking Prayerful Injunctive Relief.
      List your Complaint

      List Remedy your seeking. For example You’d like to be listed as John Doe 1 of 9,999,999 and your complaint and remedy for wrongs to include both tort and punitive as allowed by law.

      You need an Attorney regarding any rights you have in Civil Court against Metro Title.
      And the creep. Jack Felts.

    • Judy says:

      Hi…So…Sorry…. my dad and I are “family”we’re in the “trench” down the road from you guys.Dads 100% Korea …Can’t stop to exchange the multiple horrors with you today ,another day .I’ve gone broke from attorneys and I’m having to rep my self now…!!!! Friday to be exact…I can’t / haven’t even stopped to eat for weeks..I’ve been trying to cram a years of law down my throat,for the past year.Desperate on Monday I bought this program…Ya…I took another blind shot. It’s GRACE from above I’m not going to be able to get through it all now …to pressed for time.I ran into your PAIN , had to stop and share.I so…Wish I had found this sooner ! ! First time in years… I felt like someone really CARES about helping !! Please get back to me with your feed back. Don’t even hesitate a moment It will change your life and all you share it with. God Speed ,Stay Strong , Keep with Faith …this fights’ for you!! Oh…please… pray for the LIBERTY so many have died for …we’re loosing more and more every day!! http://www.jurisdictionary.com?refercode=MJ0029

  14. Jim Patrick says:

    The banks, the judges, the house and senate, and all of the rest of the crooks are come at us again as soon as
    they get through with their so call recess for foreclosures I suggest that you read and study ……………………….

    EX POST FACTO LAW. it is a constitutional law, …clause 3 Article I, section 9 they can not pass a law retroactive back to the time and dates they were committing a crime. The can only pass a new law from theis date forward. HOWEVER, THEY WILL TRY.

    DO YOUR RESEARCH

    EVERY THINK OF A NATIONAL CLASS ACTION LAW SUIT ON BEHALF OF ALL PEOPLE THAT HAVE A MORTGAGE ??????

    • clarence w. brewer says:

      Count us in …we presently are denied loan modification because (there is always a reason that the proper documents were not in the sacred place they were designated) thus, shuffled through the chaos with nothing but a letter announcing that my home and its contents are to be sold at public auction next Tuesday, November 2, 2010 on the courthouse steps. After 5 packages offering every detail demanded , exactly no one seems to be able to help…except bankruptcy attorneys(so they claim)or expensive credit counseling firms. Please advise what relief is available in Texas. We are going on sale Nov. 2 , Tarrant County, Burleson,Texas thanks to National City/PNC/Accutane/Wells Loan #0001606584Fargo Please call me anytime Thanks Bill Brewer 817 504 9995

      • Michael says:

        Everybody — the modification program is rigged. It’s designed to do nothing but get you to sit by complacently while banks drain what’s left of your bank account, figure out how much is left to drain, then steal your house.

        All non-attorney modification/counseling/reviewing/witch-craft services are also scams. If they don’t have a license to practice law you’re better off on your own. [Head over to Lisa’s foreclsourehamlet.org for lots of self-help materials and support.]

        Bankruptcy is closer but many bankruptcy lawyers use bankruptcy as a first resort when it should (usually) be a last resort. If you’re in a remote region that does not have foreclosure defense lawyers then bankruptcy lawyers are probably the closest, but you should try to first find a lawyer that only focuses solely on foreclosure defense. That’s always been true but is especially true now: hire a good foreclosure defense lawyer. How do you know if they’re good? Ask them when they’ll be in court next and go watch; if they won’t answer, or you show up and they look clueless, they’re not.

        Alternatively, go to foreclosure court and watch for awhile. When you see a lawyer that you like get their card and hire them.

      • agr says:

        try mortgagecrime.com they are in texas

      • Pam Edwards says:

        Try filing a lis pends which I have been given to understand clouds title on house so title ins, can not be gotten for new home owners,No title ins. no funding for house.This might buy you a little time until you can make contact with somebody inyour state that can help you.Go to your states Att. Generals office and file a complaint.Don’t know if this will work in your state or not but you can try.Here in WA.state cost to file lis pends is 60.00.Hope this helps. Pam

      • I just read your note – please contact me at my email with your phone number and I can talk to you about the situation. There is no charge for the service that we render and have we have retired twice, but people keep calling. I may be able to offer assistance. I do hope it is not too late. But please write to me.

      • tortelli says:

        contact james mcquire on the foreclosure hamlet, he is in texas and has a wealth of knowlede

      • Judy says:

        I HI….JIM I’M IN …..WHAT WE NEED IS a qualified ” LEADER ” , ” COMMANDER ” and ” COORDINATOR ” we’re too fragmented – DIVIDED WE FALL …..ALL the “pawns” are ” SCATTERED ” on the preverbal board, they need to be gathered up….we NEED a PLAN of ACTION, WE need someone with the TIME to do it !!THE WINDOWS of OPPORTUNITY are CLOSING as we speak ! ! The” troops” can’t stop in the midst of battle and strategize….That’s why there’s officers….I’ve stopped fighting now to write this …BUT the enemy is gaining ground as I type !!! I’ve run into so many vital things that need to get out there. I’m just not computer literate enough to manage it…I can’t seem to learn fast enough!!! It’s so FRUSTRATING !!! Here’s but a few- Oboma has apparently – PARDONED the Notary Republic -They apparently ran into a SNAG upon the CLOSING of their previous residents. THE N.J.BAR has NOTICED bar members – to no longer sign affidavits themselves in respect to the accuracy of DOCUMENTS. [ “The Dec 20,2010 amendments to Rule 1:5-6(c)(1)(E) and Rule4:64-1(a)(2)and(3) require that plaintiffs’ attorneys affix to foreclosure complaints a certification diligent inquiry as to the accuracy of foreclosure documents, and factual assertions,specifically ,(1) that plaintiffs’ attorneys has communicated with employee(s)of the plaintiff who(a)personally reviewed the documents being submitted, and(b)confirmed .their accuracy (2) the name(s), title(s) and responsibilities in those titles of the plaintiff’s employee(s) with whom the attorney communicated,and (3) that the complaint and all annexed documents comport with the provisions of Rule 1:4-6(a)..Please note that the court was specific in requiring the communication to be with “employee(s)” of plaintiff rather than”representative”of plaintiff. This certification is required on any further on any new residential foreclosure.” ]

    • Rita Cheche says:

      Please include me in any class action suit! I am a single mother, having a high school education, working hard, having to pay rent @ 16 yrs. old, starting work @ 14. I had, until Nov. 2005, my own commercial floor contracting corp. (starting in “1986” as a self-employed flooring & wallpaper installer) in Virginia, a non-judicial state.

      I HAD over 2.3 million dollars in assets, a 9-unit apartment building, duplex I bought for my high school best friend, a quadrapalegic, which was a block from Chesapeake Bay beach, a single family rental, (the house I worked out of for over 10 years) and my retirement home, the home which is now upside down over $400,000.00, buying 3.9 acres w/ an old farmhouse built in “1890”, approx. 1,400 sq. ft., building and financing the building of our 4,000 sq. ft. 2-story custom home.

      The 1st. fraudulent closing, Oct. 24, 2005, World Savings Bank in Texas/ Wachovia, 2nd closing, Nov. 21, 2006, Peoples Choice Home Loans in California, Specialized Loan Servicing L.L.C. / Wachovia / Wells Fargo, MERS. I have just about every possible injustice that you can possibly imagine! The first fraud loan includes the broker, Robert Bristol of Challenge Mortgage, Denise Stacey of Shaffer Title & Escrow, Inc., Countrywide Home Loans, Citizens Auto Loan, all 3 Credit Bureaus. I was also ripped off thousands by the businesses that are suppose to help with the fraud: 2 credit clean-up businesses, $5,000.00 to “SAVE MY HOME USA” to SAVE MY HOME! GIVING ME MY Loan Document Audit, etc. they never even made the first call to my lender! Tax Care Professionals, over $7,000.00 to clear-up the false income report by the buyer of my apartment building, they have done Nothing too!

      The Vice President of Wachovia, Judy Wills, answering my complaint on MARCH 28, 2008 to The Office of The Thrift Supervision, FORGED a document in her fraudulent closing package, signing my Name improperly, & DATING THE DOCUMENT SEPTEMBER 23, 2008, approx. THREE YEARS LATER!!! (over 5 months BEFORE the date she sent The Office of The Thrift Supervision the fraudulent closing package. I did not know anything about Statutes of Limitations, but the fact that the Vice Pres. dated closing document September 23, 2008, this is the “Legal” CLOSING DATE). The Office of The Thrift Supervision DID NOTHING, mailing the sealed (unopened) package, inserted Wachovia package into their envelop. I have contacted hundreds, probably thousands of people looking for help, over 15 agencies (have all originals, and documented correspondences) I even contacted the Secret Service and the F.B.I., with no help what-so-ever.

      I currently have a one on one lawsuit against Wachovia/Wells Fargo (Rita Cheche v. Wachovia) for violation of a T.I.L.A. violation, I rescinded the loan, not signing complete package, taking all originals that I signed, which did not have two copies of the 3-day cancellation, drawing up my own 3-day cancellation, faxing, mailing and confirming receipt of the notice before the 3-days expired. I had just made my first payment October 2006, for my new mortgage with Mortgage Lenders USA.

      I paid the only lawyer that would represent a homeowner days before the 3 year statute of limitations ran out. Unfortunitely I feel the lawyer is working for Wachovia not me!!! (already meeting and corresponding, over a hundred attorneys, not only in Virginia, all over the U.S.)
      I was forced to pay thousands upfront, being the total amount I would have to pay, charging any additional fees to the lawsuit, for addition motions, actions etc. It was everything that I had left, losing all real estate, liquidating everything else to cover ALL personal and business financial obligations.
      The lawyer said I would get the amount of money I paid upfront when we WON OUR CASE, ALONG WITH GETTING OUR LIVES BACK, along with several million dollars. they have stolen. SHE SAID WACHOVIA will have to “Make me WHOLE, repairing my credit, and giving back every penny that I have paid them. Compensation for the loss of my business and assets, being held accountable for ruin my life, destroying my family, stealing my son’s college education etc. She is not asking for any of these things, telling me when we go to trial I will only possibly receive $2,000, which is the fine they might have to pay if found guilty of violating the T.I.L.A. That $2,000 is a fine, which I sure goes to the Court! When we got a trial date, she said She wants the title to my vehicle, because she wants another $5,000.00 before telling the court to give me a JURY TRIAL, WHICH IS WHAT I PAID FOR AT THE BEGINNING! WHY THE HELL WOULD I PUT THE LARGEST DESICION IN THE HANDS OF ONE JUDGE!!! She has missed court dates, never informing me until AFTERWARDS. She informed me the Judge is not going to give me attorney’s fee, IF we win. From what the judicial system has let slide, they are just as responsible and currupt as the criminals! Instead, these criminals do not receive ANY PUNISHMENT, being REWARDED BILLIONS IN TARP MONEY, REFUSING TO USE OUR HARD EARNED TAX MONEY, (PLUS OUR CHILDRENS’, CHILDRENS’ TAX MONEY) FOR THE PURPOSE INTENDED, DOING LOAN MODIFICATIONS, AND HELPING TO REPAIR THE LIVES ALL OF THE HOMEOWNERS THESE GREEDY, CHEATING, LAZY, LOSERS UNFAIRLY STOLE. THEIR ONLY SUCCESS, THE DOWNFALL OF OUR COUNTY.

      Anyway, She has not done anything that I expected of her, not even letting me see ANYTHING about the lawsuit she filed on my behalf until almost 3 months after she filed it. I have over 10 answers to my Qualified Written Request that state, “THE NOTE CAN NOT BE PRODUCED”. BUT MY LAWYER’S FIRST SENTENCE IS “The credit transation was EVIIDENCED BY A NOTE SIGNED BY THE PLAINTIFF BEARING THE DATE OF NOVEMBER 21, 2006. THE 2006 DEED OF TRUST WAS A LIEN ON THE HOME!!!

      Weeks AFTER they received my 3-day rescission they mailed (accidently) an ADDITIONAL SET OF BLANK, UNSIGNED FRAUDULENT CLOSING / UNDERWRITING, / “INNER OFFICE” ORIGINALS, being shipped on February 12, 2007 approx. 3 months after the closing, I have the document to prove the shipping date, shipping cost and tracking number printed on one of the documents in this package.
      From: Audrey Pritchard of Alliance Title Co. in California (Wachovia, Wells Fargo, S.L.S)
      To: “THE NOTARY” here in VA, whom I never met, having his signature which is only a few docs. being spelled different, from one page to another and all improper, missing the “SR” at the end of the signature. The notary signatures on required docs, are missing along with the notary seal. I sent the notarized pages to the Virginia Secretary of the Comonwealth for authentication, but they could NOT AUTHENTICATE (I have that documentation also).

      I do not think the cheating, lazy, low life realized the date was printed on HUD Settlement Statement, (being the only 8 1/2″ x 14″ legal size pages, being folded under to match the rest of the 8 1/2″ x 11″ documents fitting in the shipping package) The HUD is PRINTED 8 days AFTER the CLOSING. I’m sure Audrey Pritchard sent it be FORGED, BECAUSE I DID NOT SIGN A NOTE! I have the forged document package, and the original unsigned package of blank documents!

      Also, I have the phone logs proving the communications of the cancellation of the loan, and incriminating inner office emails that are UNBELIEVABLE!!!

      They charged almost $60,000.00 for a loan that not only was not cheaper per month, they added an addition 10 years, to my new 30 year “Rescue Loan” and gave me a prepayment penalty.

      They did not consumate the loan, never PAID: HUD Line 303. Cash TO Borrower $1,067.06,

      OVERPAID HUD Line 104. PAYOFF to Morgage Lenders Network USA, $2,384.17, charging for Lender Placed Insurance which they know is completely WRONG, BECAUSE MLNUSA HAD CHARGED ME, see HUD Line 903 “P.O.C. $2,491.00 Buyer” aditional $970.00 Paid from Borrower’s Funds @ Settlement (Flood Line 904. $774.00)Also aditional moneys paid see: Reserves Deposited with Lender Line 1001 Hazard Insurance $1,730.52 Line 1003 City property tax $1,597.45 and Line 1006 Flood Insurance $709.50 plus thousands for title charges, again.

      Additionally, I OVER PAID World Saving Bank/Wachovia $11,333.24 for PAYOFF. BEING OVER CHARGED ESCROW OF $17,156.41 within the 9 months of the 1st Wachovia FRAUD Loan, having already charged me an additional 21 months escrow reserves for hazard (homeowner’s) insurance on HUD, OCT. 24, 2005, still having over 6 months left on the policy (with a $216.00 bump-up to increased loan amount, due date Nov. 18,2005), THEY CANCELLED MY INSURANCE (NOV. 18,2005) WITHIN DAYS OF THE 1st FRAUD LOAN, charging thousands of dollars for LENDER’S FORCED INSURANCE (Nov. 18,2005) CAUSING MY 1.95% FIXED LOAN TO GO NEGATIVE AMORTIZATION BEFORE THEIR 1ST PAYMENT WAS DUE!!! NEVER PAYING (on closing documents) “Accounts To Be Paid At Closing” Citizencaf $45,297.00.

      I can go on & on, having inflated appraisal (when Wachovia flipped the loan back to themselves, charging me almost $800,000.00 the properties 100% value was $374,432.00), padding in the closing costs, bogus mortgage broker fees which are kickbacks, ballon payments, pre-payment penalties, over escrowing, lender forced insurances, FRAUD, FRAUD, FRAUD.

      I need an attorney to bring another lawsuit BEFORE my lawyer settles with Wachovia / Wells Fargo without me knowing.

      Wells fargo auctioned my home to themselves Aug. 18 ,2010, $450,000.00 for less than half what they charged me,but I let the state put a lien on the house for $93,000.00 in state tax (I do not owe this, the buyer of my apartment building falsely reported to the state and I.R.S, but I am not going to fix this, it is the “ONLY INSURANCE” I HAVE to keep from being thrown in the street! THE CAN NOT GET CLEAR TITLE, UNLESS THEY FORK OUT $100,000.00 AND WE ALL KNOW THE BANKS NEVER HAVE TO PAY FOR ANYTHING, THAT MONEY CAN ASSIST THEM IN STEALING A COUPLE THOUSAND MORE HOMES.

      MY CORPORATION , I am the licensed contractor, built the house and have not received payment, so on March 18, 2011 the Corporation put 2 MECHANIC’S LIEN ON THE PROPERTY FOR $774,669.73 (which is documented with originals). One (1) lien is against me, Rita Cheche, OWNER of the Property, and the Second (2) lien is against Wells Fargo, the OWNER. The lien has to be recorded BEFORE the Property LEGALLY changes hands, so, unless they have a friend in the land records office to add to their conspiracy, Wells Fargo is not the owner yet!

      My trial date is October 18, 2011, please help, i DO NOT HAVE A DIME LEFT, now on food stamps, I know with all my evidence we will MAKE HISTORY.

      Contact anytime, Rita Cheche, 757-427-0075, rcheche1@cox.net.

  15. Ann says:

    Firstly, let me thank you for all the work you have done on disclosing and dispersing so much information. American homeowners everywhere owe you an unpayable debt.

    I have been struggling to keep my mortgage current. I have been underemployed or unemployed for the past 2 years and have relied heavily on my savings and 401k to keep things paid off. I am 60 years old and single which means the burden all falls on me.

    The loan I am in is a flex pay (negative am) note which was taken out in September of 2005 with Indymac Bank. The broker was from World Leadership Group who was trying to convince me that this was a great way to “get rich”. When I asked him what the downside of paying a minimum payment was, he told me nothing, the minimum payment was all that was required. I called the lender and was told the same thing.

    After 6 months of paying the minimum I realized my principle and payment was going steadily up. Puzzled by this again I called the lender. At this point they finally informed me of the truth about the minimum payment. I immediately started paying the interest only. It was all I could afford at the time $1300 for a 122,000 mortgage that started out at $117,000 was all I could manage.

    As the rates went down, so did my payment, so I managed to stay current.

    Realizing that I could not continue to pay my note once my savings had been depleted, and realizing now that Indymac no longer existed, and I had been paying Indymac Mortgage Services, I wrote a letter requesting the lender to produce the note. on September 21, 2010 exaclty 30 days after sending the letter I recieved 2 letters from the lender. The first one stated that my interest had gone down bue .50%, the index had gone down by .375% and my mortgage payment had increased by $112.00! The second letter informed me that if I wanted a copy of the note, I had to pay them a total of $105 for the documents.

    I called the lender again, requesting an explanation on the increase. I was informed that they had “recast” the note. I said, yes ok fine, but still, 3.5% of $122K is always going to be less than 4.25% of $122k no matter what you do. They had no explanation as to why, except that’s how it was. So I told them fine, you can have the house. I am recasting my budget and I can no longer continue to pay on a mortgage that you keep changing the paramaters to when it suits you with no regard for the borrower. Be aware that from this point on I will no longer be paying my mortgage and I’ll see you in court. I am sure you are aware that CA and FL have deemed flex pay negative amortization loans to be illegal and as a law abiding citizen of the US I cannot in good conceince continue to support your criminal activites.

    Then last week, going through my copies of the mortgage, most of the documents are missing. There is no TIL, no perliminary hud, no copy of the mortgage ap and not one single copy has my signature on it. I then also received another letter from One West Bank, with a few pages from my mortage and a copy of some Mortgage note but it is not the same as what is in my file at all. On the letter they tell me they are enclosing my note and will provide the remaining documents when they find them.

    I find it interesting that they were able to find maybe 20 pages of a document but cannot find the rest?
    In 2006 because of this crazy mortgage I was stuck in, I got my mortgage brokers licenes and couldn’t work in that industry because the fraud was so rampant it was sickening. What I do know however, is ever single piece of paper, every document, ever note, MUST be included in the file and the borrower MUST have a signed copy of every document.

    When I saw all this and your site, I decided that win or lose I am going to fight this in court.

    thank you for the information on finding fraud in your public records. I will take a day next week and go to the county court house to see exactly what is filed there. Online it shows the only recording is to indymac bank, however my documents are all signed by MERS representative.

    Would you recommend that I file a suit against the bank or should I wait until they start proceedings? As of tomorrow I will be late with my payments and 30 days late on November 16, 2010

    • I am not a legal expert but from reading just one home foreclosure case transcript my interpretation of how judges think is this,

      “if a homeowner stops making their mortgage payments and continues to live in the home, the home owner is trying to take advantage of the system”.

      ————————————-

      If you owed 150,000 dollars and were only paying the interest and the interest was 3.75 percent, your monthly mortgage for interest only would be around 460 dollars! Focus on fighting for a fair mortgage deal because I don’t understand how your 122,000 dollar interest only loan is costing you 1,300 dollars a month.

      • No question but that the judges are mainly uninformed about the mortgage related issues for which they must rule over. They are now learning after hundres of thousands have lost their homes. Most just say, well, the servicer says you are delinquent, they have the documentation which shows you are and they have the Note. They simply rubber stamp the deal for the lender to foreclosure if in a judicial court. Otherwise in a non judicial court, you have to file something to get the servicers to the hearing and when you do, you had best be ready. Judges may still ignore you if you are pro se so that is another issue because my clients that called me had no luck with legal aid or voluntary attorneys. Unfortunate, but it is so. I can help you understand how they came up with the $1300 if indeed it is a correct number. You have to know exactly what the loan repayment terms are which I am sure you know.

    • joe parisi says:

      Ann,

      You are also going to owe the IRS 40% on that IRA. Do your taxes carefully or do an offer in compromise to IRS.

      Good luck.

    • No, you should not wait. You probably have some options that will help you, but you need to talk to someone that is familiar with strategies that can be used to halt the foreclosure. I do not agree that bankruptcy is a viable option particularly when you do not know exactly what, if anything has been mishandled. You must pin it down exactly with the proper support, then you go to the Judge. Write to me at my email address, perhaps I can assist you. I have been in the mortgage business for about 45 years and have retired twice, but we are still getting calls for help. The securitized loans are complex and you need to produce certain paperwork that will help us prepare some findings for you to take to an attorney that will keep your cost down or you may be able to pursue yourself. There is no charge for any service that I render, and I am not an attorney, but a mortgage consultants working to help homeowners defend themselves. Thank you and let me know if I can help. Your problem could have been resolved at the servicing level, but that could not be done because the dealers must get your loan removed from the trust fund so they do not have to continue paying the investors. Therefore, the modification programs have been nothing more than a ploy to put the public off until the real issue (repurchase of the loans) could be resolved between the banks and the secondary. I know about this. All three, the feds, the lenders, and the securities dealers are in conflict with each other. The attorney generals will get to the bottom of this. They don’t know it yet, but they are very close.

      • Y. Smith , Georgia says:

        Ms Joyce

        I’ve file a lawsuit against GMAC and all their affiliates however I can’t seem to find an attorney because they’re all defending the Banks. I’ve pretty much got this thing down and a lot of it by reading blog like yours. However, I need a little help and if you’re willing I like for you to contact me.

      • yvonne says:

        Let me know how it turns out…what are you using for exhibits? Did you have a robo signer?

    • myles says:

      Ann, please connect with Indymaccomplaints@gmail.com

      myles

  16. Holger Lundgren says:

    Does anyone know anything about HomeFocus Services LLC (HomeFocus) or Banc of America Settlement Services LLC (BASS). These appear to be the outfits used by BOA for title work, tax work etc. on my mortgage paperwork. Are they also dirty? Would appreciate info on these Services. Thank you. Holger.

    • i have already mentioned to others that you need to know exactly what, if anything, that participants to your loan transaction, may have done. Once you have the findings and have tied it down, then you need to compare that to what is appropriate in your state to resolve the issue whether it be a foreclosure or just a related mortgage issue. Too many people out there do not even know exactly what has transpired but that they are going to foreclosure and they have not pinned their options. Email me and perhaps I can help advise you as a mortgage consultant. I do not charge for my services but will be glad to talk with you regarding any issue you may have. If I cannot answer it, then I will tell you.

  17. Reggie in PHOENIX says:

    On the case of my substitution of Trustee assignment, Bank of America N.A. was suppose to be ‘appointing” RECONTRUST. Well in my research the person who signed for the sub. of Trustee was an actual employee of RECONTRUST not Bank of America N.A. I was told by some moronic person, “Well in actuality, RECONTRUST is a subsidiary of Bank of America!” What? So if I work for the county recorders office and someone from the County Sheriffs department comes in and needs me to sign something, I can legally do it as an agent of the County Sheriffs deparment, just cause I work for the county? NO! I want to list her name because I am seeing her signature on a lot of stuff in Arizona…….Her name is Naomi Dudek….she works for RECONTRUST in Simi Valley California but is signing documents that are notarized in Texas? Doesn’t work that way………anyone?

    • Neal says:

      Reggie – (I just found this site). It appears that your situation is similar to ours. Were you successful finding additional information re: “Naomi Dudek”? … I’m also questioning signatures on my docs.

      I’m also questioning a few things – for example:
      – Why was ReconTrust’s APPOINTMENT (as trustee) dated AFTER the Notice of Sale & notarized doc were recorded?

      – The Notice of Sale was never mailed to us (as required by AZ statute 33-804) – it was found taped to our front door.

      – AZ’s Statute (AZ 33-803) says that the Substitution of Trustee must indicate why they qualify as a trustee. They claim to fulfill qualifications under subsection A5 as follows:

      (Trustee must be:) – An association or corporation that is licensed, chartered or regulated by the federal deposit insurance corporation, the comptroller of the currency, the federal home loan bank, the national credit union administration, the farm credit administration, the federal reserve board or any successors.

      Ok, this is fine and dandy but perhaps this is simply semantics for another cover-up?

      Under the same AZ statute (subsection 6B), it also states that the trustee cannot be a beneficiary. If ReconTrust’s website states that they are “wholly owned subsidiary of Bank of America” which provides “FORECLOSURE SERVICES”, isn’t this a conflict of interest?’

      http://www.recontrustco.com/

      Mortage Mag also lists ReconTrust under corporate listing as a ‘foreclosure service”:
      http://www.mortgagemag.com/guide/c150/c150512.htm

      Is ReconTrust simply an agent of B/A’s own company and acting as a bill collector & foreclosure auctioneer? Weren’t DOT’s created for non-judicial states to do away with court proceedings? If so, aren’t trustees supposed to be a NEUTRAL third-party? …

      – Aren’t BAC and Bank of America, N.A. two separate entities? In a recent article, I read that Bank/America plans to transfer loans from “BAC” to “Bank of America”. If this is the case, why was ReconTrust Substitute of Trustee notice appointed by “Bank of America” but recorded by “BAC”.

  18. John Lucena says:

    This just in, BOFA got caught because of what Renee Hertzler (robosigner of my case), said in a deposition in a Massachusetts homeowner’s bankruptcy case that she signed 7,000 to 8,000 foreclosure documents a month.

    http://content.usatoday.com/communities/ondeadline/post/2010/10/bank-of-america-halts-foreclosures-in-23-states-over-paperwork/1

  19. dee says:

    AHMSI CANNOT PRODUCE MY ORIGINAL AMORTIZATION SCHEDULE, BUT INSTEAD THEY SEND A SCHEDULE FROM THE DATE THAT I REQUESTED IT. THEY ARE CLAIMING THAT WE OWE MONEY THAT WAS PAID BEFORE THEY STARTED THEIR SERVICES, AS A RESULTS THEY INCREASED MY MONTHLY PAYMENT BY $900.00. I DID NOT GET AN INCREASE IN PAY.

    • This is just exactly why I have told so many people that: after giving loans to individuals without properly explaining their loan transaction to them, they are then met at the gates of hell, the loan servicer. The loan servicer’s performance has so deteriorated that there can be no hope by the homeowner of being treated fairly. The wasted Congress of 2006-7-08 did nothing to back up the homeowners and when they had their hearings with Fannie and Freddie the Congress didn’t even know what questions to ask and they accepted basically whatever answer they were given. I assume this is the way it went because during the past year and one half, the treatment has become abusive. I have no less than ten cases that will document for homeowners and anyone else exactly what is going on. Email me if I can help you in any way. You can run your own amortization schedule. However when you do, you must request return recceipt requested, a full copy of your payment history from the date of the closing of your loan so that you can see what was paid at the title company for taxes, insurance , pmi., prepaid interest and then they would be listing the monthly payments and how they are broken down. With that, you can compare it to the amortiation schedule and you will also compare it to the deed of trust provisions which generally tell you how your payment can be broken down and in what order the servicer has the right to apply it: interest, principal, escrow, whatever and they best had followed their deed of trust. This is your money, not theirs but they have to follow the provisions of the d/t just like you.

      • STC in Jersey says:

        OMG! I can’t believe I just lost my entire post! 😦 – the short of it – I ant to thank everyone who’s contributed to this site and shared valuable information.
        Current mtg w/Citimortgage – transferred 3 times prior with original, noting “MERS is the mortgagee under this security instrument”
        I’d never been late w/mtg pymnt. Couldn’t pay Oct 1st – (Due on the 1st of the mo. / late charges commence the 16th) On Nov.1 I received a NOTICE OF DEFAULT AND FORECLOSURE demanding I pay 3 months plus undisclosed fees by Dec 2, or foreclosure proceedings would commence immediately thereafter. Several contact attempts to reach person I was told to contact – redirects, disconnects, transfers in circles until I was directed to loss mitigation. I explained what I received and the rep told me not to worry, throw the letter away (yeah, right) and if I made a payment by the 15th, they’d waive the monthly late charge. So, now I’m late with Nov and not sure what to do. I lost my job late 2007, am getting a biz off the ground, and managed to get 2 p/t jobs since April – not enough to sustain mtg, utilites, ins., etc. I’ve gone through my entire savings and retirement over 3 years and am not able to keep up with the pymts, especially since a recent property tax increase. After I landed in the hospital (w/ health insurance), and them not paying a dime – I elected bankruptcy. (chap 7) A friend told me I should call Citi directly and ask them to produce ‘the note’. I decided to do some investigating first, and came across this site. It was also recommended that I try the makehomesaffordable.gov program, as they just added NJ to the third string of funding. Is this legit? Any info or any suggestions anyone might offer as a first step is greatly appreciated!

  20. B StLaurent says:

    Q. Should both the notes and mortgages be filed with local county records. I”m in a foreclosure in FL and only the mortgage is filed with County Clerk. There is no record of a note. What does this mean?

  21. Doug says:

    What I found that was strange is that the foreclosure is listed in the public records but the lis pendis isnt ! Also I have no assignment of a mortgage other than the original assignment to MERS. I suspect they will be dropping my foreclosure pretty soon then getting their eggs in a row and refiling.

    • Lee says:

      Yeah, I bought my house with a Countrywide loan and Bank Of New York is suing me for Foreclosure. There is NO ASSIGNMENT. Im in PBC, FL. Ive been in court two times on the eve of foreclosure and Judge Sasser helped to stop. So far still here and my mod that was due today at the latest is still under review with BOA. Can anyone tell me if Bank of New York really does not own my house because there is no assignment on record?

      • K D says:

        Hi Lee, Im in PBC also, how is your case going? Chances are your loan is securitized and if it is there is no note.

  22. margaret says:

    I also meant to ask what the steps are in filing a lawsuit if I decide to take on the ` pro se’ role. If there is an attorney interested in this case, please let us know. What forms are needed to filing a wrongful foreclosure which violates TILA, ECOA, RESPA, AND HOEPA. ANY AND ALL HELP IS GREATLY APPRECIATED!!!

    • I don’t recommend going it completely alone. Do google searches using “Pro Se” and your “zip code” in quotes, and see what comes up. If you decide you cannot afford an attorney, having a para legal service where you can go in and work with their people at affordable rates might be the next best option.

    • Attorneys are supposed to do 25 to 50 hours of pro bono work a year. HA HA HA HA HA HA HA. Getting an attorney to work for an amount that might barely cover costs might be the best you can hope for.

      I think it may be possible to start with a para legal service and as they get up to speed on your case perhaps they can glide you into the right attorney situation.

    • Collene says:

      Good luck. I paid almost $40,000 for an atty and we had a corrupt judge that ignored the facts of the law, an expert witness, depositions. We are victims of an illegal foreclosure and would have been eligible to file a recission because all act were vilolated but we never got our closing papers until 4 1/2 yrs after we closed. We now had proof of forgery. lying on payoffs, different mortgage amounts and interest rates and all acts were violated. We were not even in arrears and we paid 150,000 in 5 yrs and zero wass applied to our principal. When we finally got our documents they refused paym,ents and sold our home to a subsidiary for almost $13,000 more than listed principla. They ignore chapter 244 section 14 which says you have to notfy the borrow about the sale and it must be listed in the newspaper for 3 consecutive weeks. This was not done then they changed the date they said it was sold. I am supposed to get funds over the balance. With Project Economy and robo signers being brought to the forefront I am not giving up. I can’t afford to pay anymore legal costs. I actually never had a legal binding contract without having my note and other closing documents. I was never aware of the essential components of the loan. It was a unilateral contract. I am the only person I know that was not in arrears and we lost our haome. I nned help to expose pir story. The affidavit was perged because they signed under oath that they abided by the MA foreclosure laws which is not true. I have a complete papertrail in consecutive order.

  23. Fran says:

    In my foreclosure case, I have learned that the Plaintiff’s attorney prepared and filed with the Clerk TWO Mortgage Assignments involving the same parties, with the dates of assignment being approximately in year apart. Would love some feedback on this situation. The property is in Florida. Is it fraud? What should I do?

  24. Maher E Soliman says:

    Foreclosure, the Elements of Fraud and Case Law

    A properly conducted non judicial foreclosure sale constitutes a final adjudication of the rights of the borrower and lender. Adherence to statutory procedure is a judicial obstacle litigants will face in a court of law when arguing a wrongful foreclosure. You did not pay as agreed and therefore someone has the right to foreclose.

    Therefor , once the trustee’s sale is completed, the trustor has no further rights of redemption.

    Upon the trustee’s sale aving been completed, the trustor has no further rights of redemption. (Moeller, supra, 25 Cal.App.4th at p. 831; see also Melendrez v. D & I Investment, Inc. (2005) 127 Cal.App.4th 1238, 1250; Knapp v. Doherty (2004) 123 Cal.App.4th 76, 86-87.)

    The word “properly” is transcribed herein from courts comments and begs the question of what defines “proper”. I’ve shared with counsel the ambiguity of the California legislation governing modifications under California’s addendum to code [CA CC §2923.5] for a “meaningful” effort. Neither meaningful nor proper offer an absolute in allowing the courts to ascertain a victim status foregoing any discussion about victim’s rights.

    Perhaps “proper conduct” is mto be a lack of “sufficiency” pleading an otherwise measurable adherence to code or regulatory procedures.

    Bank officers are (were) taught early on (through the year 2000 that anything viewed other than “strict” adherence to guidelines is cause for escission. Therein the asset is tainted. If theloan is undeliverable the asset is impaired (after being aged 90 days) .

    Herein the asset quality diminishes over time whereby the deed, not the ote or obligation shall rest “disturbed” subject to a proper cure. The cost to cure if pursued by the bank as a seller maybe quantified as something simple to fix.

    When a lender is reluctant to request of a borrower assitance needed to cure a defect the mattere becomes further complicated assumong thelender may not be able to sell the asset as it stands. Certainly, there is a vulnerable condition that arises from non deliverability by exposure ad upon announcing tto a borrower the defect. In this regard the lender will trigger a possible threat of rescission or more severe penalties upon encountering a soured customer, post closing.

    California courts have been inclined to uphold a contractual understanding amongst parties whereby each shall be seen in the courts view as having refrained from doing anything to injure the right of the other. Good faith and the role of a fiduciary are something to contemplate in another analysis. However, for this discussion we note a condition or impairment affecting deliverability that can excite problems such as non deliverability. The loans originated under secondary guidelines are rejected by the secondary markets, subject to the understanding amongst those parties meaning the primary seller.

    Therefore, a dilemma arises if one or more closed transactions are marked undeliverable “subject to” and is thereafter conditioned as “ineligible “under the secondary markets criterion for transfers and sale.

  25. Laurie says:

    Yesterday I lost my condo to foreclosure in an aggressive fashion. The hearing for summary and final judgment was filed with the wrong court and when I attended the hearing, I was adviced that my case was not on the judge’s calandar. Puzzled, I went to the records room to learn that the file was moved to the court house where the properties with sale dates are stored. I went there and was able to review the file slightly. Next thing I learn is that the final judgment was granted on that day the hearing was suppose to take place and had a sale date of yesterday. I called the bank and asked for medition, loan mod, but they weren’t helpful. I requested an emergency hearing to ask for a mediation, loan mod. This is my homestead property. They refused stating that since I didn’t register the house with the county as my homestead, they don’t consider this my homestead property (I have 3 investment properties and accused me at living at one of them. I have been living here since 2008 and am able to prove it, but the judge didn’t care to know about it. The judge gave me three days to come up with a loan mod package and send to the bank, which I did. I requested an emergency hearing the day before and the Bank refused the application and proceeded with the sale, By then, I had time to review the file carefuly as I was puzzled as to why I didn’t have an opportunty to a hearing. I learned that the judge signed the final judgment the day the hearing failed to get on calander and found in the court file that the hearing notice was filed at a different courthouse and it was stamped received by the judge’s office 9 days after she granted the final judgment. I asked the clerk to print out the case hearing to prove my argument, So, I have several documents filed by the attorney, with many errors, and what appears to be a fraudulent event on the hearing I was not given an opportunity to have. I’m filing a motion to vacate the final judgement and sale, tomorrow, but am afraid to classify the act as “fraud”, yet I have no doubt that it is. Does anyone know if this would be a cause to dismiss without prejudice?

    • Somebody contacted me and told that Chase Bank is doing this tactic as well. They purposely file in a nearby county, but not the right county, and when people check to see if there is a hearing scheduled they won’t ever find it because it is in another country!

      Somebody alleged to me that this is actually done on purpose!

  26. Ray says:

    Any info on Kondaur Capital. I’m fighting them now after Wells Fargo sold my note to them. They only want to foreclose on my house. I may need help looking up transfer info on them. Any help would be great.

    Thanks Ray

  27. msoliman says:

    Other popular foreclosure web sites have skipped and jumped their views over and over. Now they are besieged with wrong or meaningless information.

    People are depserate and are reading things that will not further their chances. Ask yourself the following:

    1. Who is foreclosing on you?
    2.Who are you suing?
    3. Why is bifurcation so important?
    4. What makes a trustee sale void versus voidable?
    5. Name thee effective causes of action?

    There is value in the details and a chance to prevail in the most mundane arguments.
    Nice site folks, keep it up!

    MSoliman
    expert.witness@live.com

  28. Michael says:

    What’s the case number and county?

    Everybody; when posting cases please add the case number(s) and counties; makes it easier to cross-ref and speculate on what may have happened.

  29. Merlene says:

    My husband went into foreclosure last July (2009). He hired an attorney who staved off the summary judgement for almost a year. Because we are both unemployed, he were unable to continue to pay the attorney and he withdrew just before our summary Judgement hearing which was scheduled for June 10, 2010. Three days before the plantiff cancelled the hearing. The plaintiff then filed a mostion to dismiss action, dishchare Lis Pendens and return original Note and original mortgage. This prompted me to shake my head, as his attorney had told him that at summary judgement, it was almost certain he would not prevail and at such time judge would set a sale date for the house and we would have 30-120 days to vacate depending on the sale date set. This prompted me to become an armchair paralegal and start doing some research on the internet, which led me to this site and also to Livinglies. Now I’m extremely curious. His original mortgage has the lender as AIG and trustee/mortgagee as MERS. The suit filed listed US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET BACKED CERTIFICATES, SERIES 2006-CB5 as the Plaintiff. I went to public records and downloaded all the docs for my husband. There is an assignment of mortgage to US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET BACKED CERTIFICATES, SERIES 2006-CB5 signed my Marti Noriega as VP of MERS. Notorized by Melissa Bell. According to my research, MERS has no authority to assign the mortgage to US Bank or anyone else, which I believe would go to standing. Since they have dismissed the case, I’m unsure what the next step will be or what, if anything he (my husband) should do. Also, I was wondering if he could file a counter complaint for frivolous lawsuit and recover his attorney fees . Any advise would be greatly appreciated.

    • Merlene says:

      also Marti Noriega is a Vice President Foreclosre AVP at Litton Loan Serving, NOT a VP at MERS. Litton Loan Servicing was who all correspondence and payments were made with for the life of the loan.

    • neidermeyer says:

      Are you in Florida? It sounds like you’re fighting LPS (and their sub DOCx that forges assignments and such) … please read at http://livinglies.wordpress.com/2010/02/25/hers-info-invalid-notarization/ You should already know that MERS cannot be the mortgagee as they never own or control anything (which is also why they cannot be a trustee)

      My advice ,, get a job or sell something ,, get the money you need for representation.

      Get copies of every document the opposing counsel entered into the record.

    • yvonne says:

      Merlene,

      you said the key words…I have pondered over another forclosure case with same words…’Three days before the plantiff cancelled the hearing. The plaintiff then filed a mostion to dismiss action, dishchare Lis Pendens and return original Note and original mortgage’ it appears that they knew they did not have standing but actually tricked the courts to then create an original ‘note’ they never had in the first place…so they are asking for that original note and original mortgage to be returned to them…think about it…now they can return at a later date to refile or use another collection agency to try to collect the debt… hopes this throws some more light as to their actions…but check with an attorney to be sure….

  30. renae says:

    Hello…anyone have a depo on Stacy E. Spohn? Pls email me at rmeltzer@meltzerlaw.us ….thnks!

  31. Stan Galyean says:

    Only creditors seem to have standing in court( not always!) Why not have the banks testify under oath and by afidavit under penaly of purgery that they are the creditor in this matter. Bet they won’t. If they will not swear to being the creditor, than I will swear to being the creditor. THEY CAN HAVE CONFLICTING ARGUMENTS! The promissory note is legal tender by their own codes and so are Federal Reserve Note. That sounds like an EQUAL exchange, not a loan. If that is the case, than there is no debt after closing. That’s why they call it closing. Now we have the Deed of Trust. Who is the creditor and debtor here. You gave them the property. Where is your consideration? It looks like you must be the creditor, because you gave them the property and they gave you nothing. They are making money off your asset. Undo enrichment! Fraud maybe? You tell me.

  32. Carol says:

    See some of the work being done in Suffolk County, New York-carolryderlaw.com has some guidelines. You may have heard of it because a lot of celebrities live out here in the Hamptons or, for those of us in the real world and on this site, because of the Hon. jeffrey Arlen Spinner. He famously tossed out a $525K mortgage for lender abuses. Now, he helped set up a pro bono program for people in mortgage crisis. He marshalled the members of the Suffolk County Bar Association, all of Touro Jacob D. Fuschsberg Law Center (a.k.a. Touro Law School, founded on principles of using the law to do good, and in a new facility across from Federal AND NY State courts), Nassau/Suffolk Law Services (like Legal Aid) and has us all working pro bono to work oout loans and keep people in their homes. We have interns doing the preliminary paperwork, sending in people for free legal counseling, more attorneys out there in judge Spinner’s courtroom banging out settlement conferences…although Suffolk Cty has he highest foreclosure filing rate in NYS, we have double the “save” rate in NYS.
    Oh, and by the way, I left Wall Street-thought I was doing zippo to actually produce anything, and I felt a very bad feeling about what was going on (not quite high enough to be “in” on the fraud but high up enough to smell a lot of rates) and felt by becoming an attorney I could actually do good, and I am thrilled I can. Oh, and all those lawyer jokes? Change them to “Wall Streeters”. Why don’t sharks attack Goldman executives? (Prof. courtesy) What do you call 100 Goldman execuritves at the bottom of the ocean? A good start. Just like what is going on out her-a good start (but the worst is yet to come).

  33. Chris says:

    I’m looking at my mortgage document stored in Hillsborough county public records.

    The mortgage is signed and stamped by a notary. I cannot find this person listed as a commissioned notary by name or commission number using the lookup tool at http://notaries.dos.state.fl.us/not001.html

    Is this worth further investigation? What, if anything, could this do for me?

  34. Elyse says:

    If you are a victim of Foreclosure Fraud, Sue the Lenders!! Sue them yourselves! File a Complaint your County Superior Court…All but half of all the lawsuits againsts MERS in the Indio, Ca. Superior Court are pro per and the Courts are well aware of the homeowners plight to keep their homes!

    The Courts are the ONLY way to prove the banks have forged documents, if they even have any documents at all!! You know MERS processed some 60 million loans “paperlessly” so finding documents must be put back on MERS….the lenders and servicers have lost your Note and they can’t take a house away from someone without “proof” that they own it or are authorized to negociate or foreclose by the TRUE Owner of the note…demand they produce it and STOP sending the hardship letters and proof of incomes, over and over…it’s their “stalling” tactic because they have some 60 millions homeowners in their clutches…demand they send you proof that they own your home….

    Nail these guys by filing lawsuits…this is the ONLY way…
    If more is needed, email me at elyse@gte.net

    This has become my entire life and soon, the news will finally report what has happened and then ***t will hit the fan!

    • adele says:

      I have been arguing with BOA as to why the foreclosure on a condo has taken over three years? It was a MERS mtg. and The Att. David Sterns, I believe has fraudulently filed papers in court. His secretary has signed both as The Attorney’s sectretay and also the assistant sec. for MERS??? Please call me so we can discuss 941-828-2636 or email me. Thank you Adele I am in the state of FLorida

  35. Robert Chaney says:

    Hi,

    Two of my children are in foreclosure in Florida.
    Is it possible for me to obtain a copy of
    “Looking Up Public Records”?

    In one case, “Stacy E. Spohn” signed an affidavit as the V.P. of Chase Home Finance, LLC. On an Assignment of Mortgage from JPMorgan Chase Bank, N.A. Ms. Spohn signed as the V.P. of JPMorgan
    assigning the mortgage to Chase Home Finance, LLC.

    The Note is endorsed in blank.

    Anyway, we would like to know if their notes were securitized.

    Thank you,
    Robert Chaney
    (863) 835-3683

  36. Just for the record… If you do not have a discharge of mortgage from the REAL CREDITOR (aka the “holder in due course”) you have absolutely NOTHING!

    This is a very important topic of discussion, please send this to your local, state and federal officials… they desperately need to know about these things!

    GREAT JOB ON THIS!!!

  37. Dee says:

    What if I bought a foreclosed house that the previous owners lost because of a MERS/foreclosure and claim they still own the property? I’m in the middle here. Is there any recourse for me?

    • Michael says:

      Title insurance and a moving truck. Don’t become too attached to the place, and be a little more careful next time; if it looks like “a steal” it probably is.

  38. PhilB says:

    James – one of the people whose work on fraud has been posted here is making a move – anyone who has been screwed needs to go to http://www.fraudforeclosure.com and register with their info!

  39. Pat says:

    Didn’t this same type of thing occur in school loans?

    It’s the process, not the type of loan that lenders focus on to do the scam.

  40. This is brilliant although unfortunate the WE as a people have to become sleuths when it comes to our contractual and civil rights.
    I am going to have your rss on my site to share your investigative prowess!
    Thanks for the powerful information and keep fighting the GOOD Fight
    BuddyT

  41. mimi says:

    THANK YOU! By reading this article I was given the courage and knowledge I had been seeking. I did a search in the land records for my state and found the same person as “VP” and the same person as “notary” on quite a few files that were not MERS…so they are not the only ones having done this. While the “VP” signatures all matched, I could find MANY occasions as to the “notary” signatures were COMPLTELY DIFFERENT! I know I don’t sign my name EXACTLY the same every time, BUT this is TOO OBVIOUS to ignore

  42. expert says:

    My brother in arms .. Nice site. clean and informative. Good Job…
    M.Soliman

  43. Cathie - FL says:

    Thanks for the document on how to research assignments for fraud. I have been telling people about this fraud for some time. Now I can just point them to your direction. AWESOME

  44. dabfl says:

    Thanks for finding our mortgage pool! We have been following others attempts to find their trusts and working on it ourselves for months without finding anything. We thought it was a lost cause. You found it over the weekend. AMAZING.

    To the community…Please donate to keep Michael researching as we did. I sent him an email with my assignments and asked him to look at them, and a day later I had answers!

  45. GREAT JOB! I have been on this same mission for over the past 2 years. What you have taken the time to compile is invaluable. I commend you on this effort.

    Many of us have been writing about this bits and pieces but no one has yet to put it in place.

    This is important and I would like to post it on my sites:
    http://www.TheMOrtgageCorner.blogspot.com
    http://www.TheForeclosureDetonator.wordpress.com
    http://www.TheForeclosureDetonator.org

    I also will add a permanent link to all these sites for you.

    I am also the current publisher of http://www.GoldmanSachs666.com, http://www.JPMorgan666.com and others but these are the two major ones.

    Again, great job and effort. Let’s spread it around. People have to know and if everyone fought their illegal foreclosures the country would be better off in the long run.

  46. James# says:

    I think it may be more productive to move from civil actions to criminal prosecutions. Can Jamie Dimon be sued for fraud personally?
    I don’t think that our politicians or the Judicial System will ever do the right thing without being forced to do so!

    • pparke500 says:

      Suing for fraud is a civil matter, not a criminal matter. You would have to file a complaint with the appropriate agency/prosecutor’s office asking them to investigate fraud. I would start with a complaint to the state attorney general’s office. I read that 49 attorney generals are investigating foreclosure fraud.

      • pparke500 says:

        I’m sorry, let me clarify. Only a prosecutor’s office can file fraud as a criminal matter. Otherwise, you can sue yourself in civil court for fraud against Jamie Dimon personally, although I would include the bank too. In a civil case the remedy is money damages; in a criminal case the penalty is jail. Big difference.

Trackbacks
Check out what others are saying...
  1. […] No referring link 4closurefraud.org/2009/10/18/foreclosure-fraud-guide-to-looking-up-public-records-for-fraud/ […]

  2. […] No referring link 4closurefraud.org/2009/10/18/foreclosure-fraud-guide-to-looking-up-public-records-for-fraud/ […]

  3. […] Posted by Foreclosure Fraud on September 2, 2010 · Leave a Comment  The Post That Started It All […]

  4. […] 4closureFraud.org was launched in late October of 2009 with a single post on a Guide to Looking Up Public Records for Fraud… […]

  5. […] McCollum announced a probe into one of the state’s largest foreclosure law firms for allegedly fabricating legal papers used to speed up foreclosures, Hobe Sound attorney Trent Steele dubbed it “a good […]

  6. […] Second, we covered the issues of employees of the plaintiff or the plaintiffs firm creating the documents they need in order to process the foreclosure. Feel free to search this blog site and others on these issues. A good place to start would be here – Foreclosure Fraud – Guide to Looking Up Public Records for Fraud. […]

  7. […] these aggressive, unprofessional foreclosure mills and their Plaintiff clients are still filing fabricated documents by the millions without any respect for the integrity of our official public records or the laws of evidence set by […]

  8. […] these aggressive, unprofessional foreclosure mills and their Plaintiff clients are still filing fabricated documents by the millions without any respect for the integrity of our official public records or the laws of evidence set by […]

  9. […] these aggressive, unprofessional foreclosure mills and their Plaintiff clients are still filing fabricated documents by the millions without any respect for the integrity of our official public records or the laws of evidence set by […]

  10. […] the notes or loans in question, because they are the mortgagees as shown on the land records” (by fraudulent, fabricated assignments? Or perhaps you were referring to these BOGUS assignments recorded in the land […]

  11. […] From Lynn Szymoniak, Esq The next step (pertaining to the Massive Pernicious Frauds , see  here,  here, and here, along with these depositions here, here, and here,  added by 4closurefraud) is […]

  12. […] recordings, Tywanna Thomas, wrongful foreclosure For the past year and a half, I have been examining the public records of Florida, analyzing all of the fraudulent documents that have been entered into the system […]

  13. […] my Guide to Looking Up Public Records for Fraud to search for these documents and see for yourselves. There are plenty of […]

  14. […] “Freddie Mac’s servicers initiate foreclosure actions in their names, even though they are not the owners of the notes or loans in question, because they are the mortgagees as shown on the land records” (by fraudulent, fabricated assignments?) […]



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