Message Board

Post A Message…

Comments
1,216 Responses to “Message Board”
  1. Readdocs says:

    Earlier I asked about Ginnie Mae.
    I’ve found what I was asking about. If you need access Ginnie Mae to see if a loan is owned
    by it, here is the link.
    https://www.ginniemae.gov/lendamerica/searchLA.asp

  2. Marie D'laney says:

    Has anyone seen their Indmac/Onewest statement and notice a charge of “Funds Advanced by IMS”?
    The fees are enormous.
    for example:
    3/18/2011- Total Fees Advanced by IMS $86,048

    4/20/2011 – Total Fees Advanced by IMS = $103,410 – (an increase in fees by $17,362)

    5/20/ 2011 – Total Fees Advanced By IMS = $158,671 – (an INCREASE in fees by $55,261)

    This has been going on since September2010. And getting bigger and bigger.
    Sure I am in litigation and they have pulled the non-judicial foreclosure from federal court and refiled it in state court as a Judicial Foreclosure. They are suing me for the house and the amount of the house if they can’t sell it at auction for what is owed. Yes looks like a deficiency (which looks like it includes the IMS funds) So are they trying to double dip for attorney fees by padding my statement and then try to get awarded attorney fees? Any one have a clue on the Funds Advanced by IMS . It all started when I original filed the court papers.
    Curious and ticked off about this. My attorney is planning on getting a deposition from the banks attorney on these fees. But in the mean time curious if any one else has seen this.

  3. nicktortelli says:

    We were offered a no-cost refinance back 2009, by PNC, but we were told you had to be delinquent to qualify
    Was anyone on here told that as well? or Does anyone have proof that when this Government , Making Home Affordable Program first came out, you had to be behind in payments. I know they changed the guidelines after the program was up and running, but I need this research for my case. Any help would be greatly appreciated,

  4. Readdocs says:

    Is anyone familiar with GInnie Mae? Is there a tool bar similiar to the ones at
    Freddie Mac and Fannie Mae? I need to verify some information I just
    discovered.

  5. JamesM says:

    Paul D Rogers
    Sounds like the court or plaintiff does not have your correct address.
    Get a copy of the court docket sheet for your case from the clerk of courts office.
    What to do next depends on what state you are in.
    You probably need a lawyer as soon as possible.

    My name is James. I go by JamesM on the foreclosurehamlet website.
    I don’t want to post my phone number here so contact me through the foreclosurehamelt website, and I may be able to provide some insight on what you must do next, how to find competent counsel and how to get your act together. If facing a trial date you need to move fast.

    • PaulR says:

      James, I see your Member Page on the foreclosurehamlet website, but don’t see a way on that page to contact you. You can e-mail me @ pigeyex@comcast.net. Thanks! I am in Florida, like you.

    • PaulR says:

      ok, left you a Friend request with a message at the other site. I needed to wait to get approved. thanks! I’d love to work something out with BofA, but it would have to include a principal reduction, as I’m significantly upside-down on the house. I do notice they’ve been calling me more and more frequently in advance of this court date.

  6. HammerTime says:

    Link on rent to own, stay in home options.

    Not enough on some of these sites to STOP foreclosures but good info.

    http://www.foreclosure-response.org/policy_guide/help_families_recover.html?tierid=325

    • marilyn lane says:

      ——————————————————————————-
      Subject: Fw: Letter to a bank
      Date: Mon, 27 Dec 2010 10:00:39

      Sent: Sunday, December 26, 2010 8:05 AM
      this letter was published in the NY Times. Maybe this woman could compose
      a letter to send to the banks for illegal foreclosures.

      Subject: Fwd: Letter to a bank

      86-year Old Lady’s Letter to Bank

      Shown below, is an actual letter that was sent to a bank by an 86 year old woman. The bank manager thought it amusing enough to have it published in the New York Times.

      Dear Sir:

      I am writing to thank you for bouncing my check with which I endeavored to pay my plumber last month.
      By my calculations, three nanoseconds must have elapsed between his presenting the check and the arrival in my account of the funds needed to honor it..

      I refer, of course, to the automatic monthly deposit of my entire pension, an arrangement which, I admit, has been in place for only eight years.

      You are to be commended for seizing that brief window of opportunity, and also for debiting my account $30 by way of penalty for the inconvenience caused to your bank.

      My thankfulness springs from the manner in which this incident has caused me to rethink my errant financial ways.
      I noticed that whereas I personally answer your telephone calls and letters, — when I try to contact you, I am confronted by the impersonal, overcharging, pre-recorded, faceless entity which your bank has become.

      >From now on, I, like you, choose only to deal with a flesh-and-blood person.

      My mortgage and loan repayments will therefore and hereafter no longer be automatic, but will arrive at your bank, by check, addressed personally and confidentially to an employee at your bank whom you must nominate.

      Be aware that it is an offence under the Postal Act for any other person to open such an envelope.

      Please find attached an Application Contact which I require your chosen employee to complete.

      I am sorry it runs to eight pages, but in order that I know as much about him or her as your bank knows about me, there is no alternative.

      Please note that all copies of his or her medical history must be countersigned by a Notary Public, and the mandatory details of his/her financial situation (income, debts, assets and liabilities) must be accompanied by documented proof.

      In due course, at MY convenience, I will issue your employee with a PIN number which he/she must quote in dealings with me.

      I regret that it cannot be shorter than 28 digits but, again, I have modeled it on the number of button presses required of me to access my account balance on your phone bank service.

      As they say, imitation is the sincerest form of flattery.

      Let me level the playing field even further.

      When you call me, press buttons as follows:

      IMMEDIATELY AFTER DIALING, PRESS THE STAR (*) BUTTON FOR ENGLISH

      #1. To make an appointment to see me

      #2. To query a missing payment.

      #3. To transfer the call to my living room in case I am there.

      #4 To transfer the call to my bedroom in case I am sleeping

      #5. To transfer the call to my toilet in case I am attending to nature.

      #6. To transfer the call to my mobile phone if I am not at home

      #7. To leave a message on my computer, a password to access my computer is required.

      Password will be communicated to you at a later date to that Authorized Contact mentioned earlier.

      #8. To return to the main menu and to listen to options 1 through 7.

      #9. To make a general complaint or inquiry.

      The contact will then be put on hold, pending the attention of my automated answering service.

      #10. This is a second reminder to press* for English.

      While this may, on occasion, involve a lengthy wait, uplifting music will play for the duration of the call.

      Regrettably, but again following your example, I must also levy an establishment fee to cover the setting up of this new arrangement.

      May I wish you a happy, if ever so slightly less prosperous New Year?

      Your Humble Client

      And remember: Don’t make old People mad.

      We don’t like being old in the first place, so it doesn’t take much to piss us off.

      • Elizabeth says:

        What a creative witty piece of writing!
        And how upset that we are treated this inhuman way.
        So sad that it has become a new norm with TBTF.
        Even though it needs to be somehow supervised, checked, and controlled, still it is impossible to control every setting and action of the companies we deal with.
        Maybe we should forward it to FCC for their consideration?

      • Readdocs says:

        Those who run the automated world need millions of such introduced into their lives.
        Also, excellent letter writing, with complete sentences no less!
        It would be wonderful to wake up one morning to know that millions of folks all over this
        blessed country have woke up, pissed off from being pissed on for generations.
        We could use a nice tsunami of cleansing anger, root and branch cleaning
        Many thanks to whomever wrote that wonderful letter!

  7. Tim Bryant says:

    Dylan Ratigan talking about fraudclosure on MSNBC right now

    • marilyn lane says:

      Take back our homes, our jobs, our country

      God Bless The USA
      Good information

      Any time you call an 800 number
      (for a credit card, banking, charter communications, health and other insurance, computer help desk, etc)
      and you find that you’re talking to a foreign customer service representative
      (perhaps in India, Philippines, etc),
      please consider doing the following:

      After you connect and you realize that the customer service representative is not from the USA
      (you can always ask if you are not sure about the accent),
      please, very politely
      (this is not about trashing other cultures)
      say, “I’d like to speak to a customer service representative in the United States of America.”

      The rep might suggest talking to his/her manager,
      but, again, politely say, “Thank you, but I’d like to speak to a customer service representative in the USA.”
      YOU WILL BE IMMEDIATELY CONNECTED TO A REP IN THE USA.
      That’s the rule and the LAW.

      It takes less than one minute to have your call re-directed to the USA.
      Tonight when I got redirected to a USA rep, I asked again to make sure – and yes, she was from Fort Lauderdale.

      Imagine what would happen if every US citizen insisted on talking to only US phone reps from this day on.
      Imagine how that would ultimately impact the number of US jobs that would need to be created ASAP.
      If I tell 10 people to consider this and you tell 10 people to consider doing this – see what I mean…it becomes an exercise in viral marketing 101.

      Remember – the goal here is to restore jobs back here at home – not to be abrupt or rude to a foreign phone rep. You may even get correct answers, good advice, and solutions to your problem – in real English.

      If you agree, please tell 10 people you know, and ask them to tell 10 people they know….etc…etc

    • Readdocs says:

      Mortgage Investors, Inc. Anyone know anything pertinent about this company?

  8. Readdocs says:

    Too Big To Fail is now showing on Direct TV
    HBO.

  9. John McCormick says:

    Inviting comment on the following prior to dispatch;
    June 11, 2011

    John McCormick
    XXXXXXXXXXXXXXX
    Las Vegas Nevada

    GMAC MORTGAGE SERVICER
    PO Box 969
    HORSHAM PENNSYLVANIA 19044-0969

    EXECUTIVE TRUSTEE SERVICES LLC
    2255 NORTH ONTARIO STREET, SUITE 400
    BURBANK CALIFORNIA 91504-3120

    Dear Sirs;
    This letter constitutes a Qualified Written request as defined by Federal Statute governing the mortgage lending and servicing industries. You are attempting to foreclose on my home at XXXXXXXXXXXXXXXXXXXXXXXX.
    Question? You will please tell me in what form my promissory note of June 2006 is being held by the “lender” or “holder of the note” as defined in the note?
    Question? Is the note being held in its original form or is it being held as a “Transferable Record” as described in Public Law 106-229, Title II Section 201 of June 30th 2000?
    If the note is being held as a transferable Record [and I have good Reason to believe that it is], then I hereby demand my rights under Section201 (f) TITLE II of Public Law 106-229 of June 30th 2000. That is, I demand that you provide reasonable proof that you are in control of the transferable record. Since you have, in the past provided me with several disparate copies of the note and I maintain these in my possession, I further demand that you grant me “access to the authoritative copy of the transferable record and related business records sufficient to review the terms of the transferable record and to establish the identity of the person having control of the transferable record”
    Sincerely Yours,
    __________________________________________
    John McCormick

    • juanita says:

      Hello Mr. McCormick, My name is Juanita and after a long and longer battle with mortgage fraud, I discovered MERS Jeffrey Stephan had signed as VP for MERS or GMAC one or the other. Because I had default judgments against all those involved in the mortg fraud ring, I needed only to prove that US Bank did not hold the original title to my home. Actually, the bank should have proven they held the title or note. Well, in the end it didn’t matter one way or the other. They only answered once that they rcvd the loan through a “grab bag” style process from GMAC. I had all my hope in thier case being invalid or dismissed but not here in California. The banks will keep you in paperwork, with questions and answers, depositions that cost me $3000 each time and just round and round until we could not afford to continue fighting a business with ATM machines. So now my family and I after fighting GMAC, Lehman Bro, and US Bank are unfortunately forced to end this and will be literally homeless in a couple of weeks. I did prove mortgage fraud against us, I did nothing wrong, but there is no justice for my family. I fought in civil court for just about 5 yrs now, i stongly suggest you have an attorney file a restraining order against anyone or entity that tries to foreclose on you until you’ve had a chance to prove your case. I believe its called a lis pendis. This will make it much better for you to fight your case without worry about the other side pulling sneaking stuff out on you. Like a bank we never heard of until 4 yrs later saying this is their home. It doesnt make any sense to me how a bank can claim my home with 1 piece of invalid paper. im told the cases regarding MERS are not the same here in California. I wish you all the luck and strength in the world. Dont Give Up!

      • HammerTime says:

        Good to see you are still positive and helping others.

        It seems MERS may not be a strong case in CA unless there have been mistakes or cover up in recording process.

        You may want to look at other issues such as predatory lending or fraud in origination process.

        Did you have loan audit or appraisal audit done? Try these guys if not –
        http://diligencegroupllc.net/about-us/
        http://www.mainstreetresolutions.com/ – can do test online
        -> their review site http://www.myhomeowneradvocate.com/
        Here are some resources they provided
        RESOURCES IN CALIFORNIA: (NO COST TO THE HOMEOWNER)
        Legal Assistance. (Their names were given to me by a North West Regional Intake Supervisor at HUD)
        Housing and Economic Rights Advocates (HERA)
        Phone (510) 271-8443
        Fax (510) 868-4521
        E-mail inquiries@heraca.org
        Hardest Hit Program – (Take a look to see if your lender is listed and the income guidelines. This program is new and could help some people)
        http://www.keepyourhomecalifornia.org/participating.htm

        A Fair Housing Complaint can be more effective than lawsuit I’m told. Still going through process myself.

  10. Tim Bryant says:

    You too can rent a “virtual office”, just like MERS…and all the other companies jammed into Suite 500

    https://www.davincivirtual.com/loc/us/virginia/reston-virtual-offices/facility-848

    http://maps.google.com/maps?q=1818%20Library%20Street,%20Suite%20500,%20Reston,%20VA%20,%2020190,%20US

    http://www.mersinc.org/contact/index.aspx

    Let’s see, a virtual office, no employees, and “members” who claim to be employees. Sounds legitimate !!!

  11. I Just want to vent a little here. I have been contacted by the FL BAR about a modification that was a joke that American Residential Law Group which is own by two FL lawyers Oscar Estevez & Joel Jacobi charged me $1395 and took the money and ran.

    First thank you to the FL Attorney General who forward my complaint to the FL BAR. Thank you to the FL BAR for looking into this matter.

    Now here is my vent. I am from GA. I have seen so many people on foreclosure sites from FL begging for help. Why is Florida not helping their own? Why is GA not helping their own?

    .Two law firms from GA McCalla Raymer & Pendergast & Jones have now open offices in Florida. Are they not making enough money off of GA homeowners who are being foreclosed on?

    These firms need to be kicked out of Florida. We all know Florida has enough of their own questionable lawyers they sure do not need ours from GA.

    Pendergast web site list at least 100 foreclosure a month on their website http://www.penderlaw.com. I checked yesterday and only one did not have a bid. Who is buying these houses?

    • John McCormick says:

      Kay Mixson Jenkins, Many of the foreclosures are being purchased by foreign interests. Here in Nevada there are many properties sold to Canadians. Did anyone hear the story on this morning’s new about the federals wanting to raise the minimum down to 20%? That will indeed help their plan to continue the meltdown. It’s time to change the name from “recession” to “Government sponsored depression”. The end game is to create a debt peonage in America. As we speak, the internationalists are attacking Northern Africa with the intent of creating a peonage in that area. It’s time to cut our ties to “free trade” the IMF, and the FED. Tariffs on foreign goods will force the factories ( and the jobs) back to America. Time to change our monetary system!

      • HammerTime says:

        I agree. The more I get involved the more contradictions there are. Politicians, academia, policy think tanks are all on board w/ pushing people out of their homes. This goes beyond class and party. Liberalism is dead in our institutions (small l) but not in us. We have to go beyond liberty of taxes but think of all of our rights to life and the pursuit of happiness. Strange day!

  12. Tim Bryantt says:

    Real Estate forms for Florida. This site is for investors, but the forms could be used to turn the tables….

    http://www.mortgage-investments.com/Real_estate_and_mortgage_Forms/form_fr.htm

  13. k.b. says:

    I’m here writing on behalf of my mother. She received a letter from BoA (constrictor) today stating her former Countrywide loan — now serviced by BAC Home Loans Servicing, LP — will “transfer to our parent company — Bank of America, N.A.” come July 1.

    Her mortgage was with Countrywide, but according to Broward County public record it was transferred to MERS for $10 in 2005 a few months after purchase. She’s paying $2900 (w/ insurance) ALONE, BY HERSELF, every month. And it keeps going up. They even wanted to charge her $3000 to get her now ex-husband off the mortgage, even though she had a quit claim deed, divorce papers, etc etc.

    These people are criminals.

    She’s underwater by about $30K — not much, but it would help — and she is going to be paying this by herself for a long time, unless we work together. She’s got too much pride to stop paying. We shop smart, her credit is stellar. (To give you an idea of how she is with money, we were watching a Suze Orman special for the first time the other day and Orman listed ever money mantra we’ve always lived by.) My mom deserves better than this. I live at home and I hate to see how heavy this house weighs on her, in turn weighing on me. With my income, we just get by. But we are getting by.

    Does this mean MERS will no longer “hold” the note? Is this going to be another $10 transfer, and quash my dreams of filing the paperwork to ask where the original note is? Because I am ready to begin the process.

    Any advice is greatly appreciated.

    • Tim Bryant says:

      MERS cannot EVER “hold” a note. That would be banking, and they are not a bank. They have even argued that they do not hold notes in court, to avoid having to be regulated as a mortgage broker and/or bank.

      Submit a Qualified Written Request to the “note holder” at the address stated in the note itself. If that is no longer valid, too bad for the bank, because they are required to notify you pursuant to those documents, of where to send “notices”. You are abiding by the contract, they are not.

      Unless he has died, only your husband or a court can get his name off the mortgage. If that was not specified in your divorce papers, the bank is SOL without his acknowledgement.

      If you had a Countrywide loan, as did I, chances are the note and or mortgage docs were never transferred during the securitization process. They are either using info in MERS and / or public records.The probably want your ex-husband off the mortgage so they can draw up an “updated” contract, where you will essence sign away your legal rights to challenge that they have an instrument in the note or mortgage. That is what they do with loan modifications.

      • k.b. says:

        Thank you, Tim! I found a copy of a QWR to send from Scribd (looks like there are many to choose from). I’ve read through it a few times, and it seems sufficient. I’ll be mailing it off tomorrow.

        Do you know of any language I MUST include in a QWR? And, more importantly, do you think it’s okay to have only one borrower sign the QWR? I can also furnish a copy of the quit claim deed in addition to the QWR if you think it would help.

        Thanks again!

      • Tim Bryant says:

        Use whatever they have as a template. The wording should also reference your own state’s laws. Whoever is responsible under the note and mortgage should sign.

  14. wayne williford says:

    I am a victim of a loan mod/principal reduction scam. I was contacted in Sep 2010 when the Notice of Default was filed in the San Bernardino County Recorder’s Office. The company that contacted me was Goldenkey Financial Services at 255 E Broadway Glendale, Ca 91205 contact person Daniel Hernandez (818)536-7442 and (213)804-2165 dhernandez.goldenkey@gmail.com. Others there that were involved in the initial meetings and instrumental in the agreement process were Fabian Ramirez and Alex Munoz. We did not know the process at first, we were only told a generic outline of events of how the principal reduction program worked. We later found out that they were working with Qubelink Financial Services at 255 E broadway Glendale, Ca 91205. Other aliases are Globus Management Services, EZ Management Services 
or Foreclosure Stop. FBN Filing # 20110461339. Initially, we worked with Dante La Madrid dante_lamadrid@yahoo.com (no known telephone #) and then later Ricardo Ligad (818)207-5264 rick@qubelinkservices.com. We were told that the fee was approx $5000 per house to be involved in the program, but we had two houses and we received a discount and paid only $6000 for the both. Sometime later during the process I was asking my wife what was going on and what were they doing. She could not explain so she scanned/emailed me the documents (I was in Afghanistan) and I began to review them and was confused to what they represented. I began to research online particular wording on the documents such as, ‘Accepted for Value’, ’Returned for Value’ and ‘Exempt from Levy’. These particular phrases led me to the whole Sovereign, Secured Party Creditor Movement. I began to learn that they were attempting to, in essence, through the use of the Uniform Commercial Code, Admiralty Law, Trust Laws and Bankruptcy Law capture my “Strawman” account at the US Treasury Dept. in order to discharge my debt with Aurora Loan Services. At this point, I began contacting Qubelink trying to get answers to what this process was and copies of what they were doing. I was met with a brick wall. From the end of May until this date, June 9, 2011, I have been in contact with Ricardo who has been avoiding all my questions and when he did respond he was rude and inflammatory. This is when I ended our agreement and asked for a refund of $6000 that we paid upfront. To date, Qubelink has failed to cooperate or negotiate the return of our monies.

    If anyone has any information about these companies or persons contained within please contact me at willsytyle1970@yahoo.com

    • HammerTime says:

      Keep an eye out for short sale scam as well. Also, CA AG Harris started task force so should file complaint.

      http://www.latimes.com/business/realestate/la-fi-harney-20110605,0,7259629.story

      “Short sales may be targeted for fraud
      A study estimates that banks and distressed home sellers will lose more than $375 million this year when they sell undervalued houses to tag teams consisting of realty agents and investors.”

      “But the bottom line here, as seen in the Connecticut guilty pleas, is that short-sale thievery is federal bank fraud. Realty agents and investors who participate in these schemes risk prison terms of up to 30 years, big fines plus restitution of the funds they stole.”

      By Kenneth R. Harney
      June 5, 2011
      kenharney@earthlink.net

      • Readdocs says:

        Here’s another short sell. …homeowner set up for a foreclosure, and offered a short sell to keep the foreclosure from ruining their credit. The real estate agents/broker and the investor are already set up.
        The foreclosure nearly happens leading to the short sell. The investor is already placed, maybe already
        put money on the table for the property. A threat of a lawsuit is the only thing that kept the foreclosure
        from happening, due to the fact the property owners were never contacted and informed a foreclosure
        is imminent.
        The criminal act starts with the mortgage payments for 2.5 years being diverted from the account
        assigned to recieve the payments. The foreclosure is attempted. In the ensuing 6 months an offer
        is made to the owners, making up the missing payments and continuing to pay off the mortgage.
        The payments are missing alright, going into another account to make it look the owners had gone into
        default.
        How many others has had this happen to them? How many have lost years of investment through no
        fault of their own, having to walk away after being defrauded. This case happened back in 2005, and
        still has had no resolution.

      • HammerTime says:

        That should be put up in a hall of shame! That’s what we need so people understand it’s not just bad homeowners, MERS etc. The fraud is deep and layered. Need to stay in your homes if it makes sense and verify if MERS or some other layer before you sign or do anything.

  15. Tim Bryant says:

    This was too funny not to pot. The Fed actually has a Mortgage Foreclosure Resources link on their website…. Does the devil have a link on how to get to heaven?……LOL………….

    http://www.federalreserve.gov/consumerinfo/foreclosure.htm

    • lies all of it says:

      thank you tim!!! they are so funny arnt they. waht a flipping mess. i am so stressed over this. i should sue wells fargo for pain and suffering. thank you for all your help and support through this, the truthy is almost finally out there

      • Tim Bryant says:

        We need a little humor every now and then, because this is a very stressful situation. Don’t let it eat you up. Live to fight another day !!! We can learn to laugh at the most ridiculous stories associated with the cause. Consider it like a soldier who goes into war and gets a morbid sense of humor. It’s not that he is an abhorrent person. It’s a humor used for the brain to help deal with a very real high-stress situation.

        I don’t like to talk about myself much, but, this one is for everyone on here. I know the effects of what a high-stress situation does to you, since I suffer from Post-traumatic Stress Disorder (unrelated to this mess). If I knew then, what I know now, things might have been different. You need to develop a certain sense of humor, not as any disrespectful or morbid behavior, but as a coping mechanism for your brain. There are worse things than losing your house….your family, your sense of humor, your ability to socialize, and if it gets carried away, your mind or your life!!

        When we post some funny comments, or the laughing mouse, take it in stride. It is only a stress reliever. I see comments on here from people who REALLY need to step down and see what is happening to them…nothing is funny. If anyone here is at that point, you need to see a mental health professional. That is not a statement that you are crazy. It is a statement that the traumatic effects of your situation are having negative effects on your mental health. You need to recognize this and seek help. As I said earlier, you need to live to fight another day……OK, I am done.

    • Bryan Hufford says:

      Ha Ha…
      That link was brought to you by………..
      Yep The ugly hang together.

      This information was prepared by the following federal agencies: Department of Housing and Urban Development, Department of Justice, Federal Deposit Insurance Corporation, Federal Housing Finance Board, Federal Reserve Board, Federal Trade Commission, National Credit Union Administration, Office of Federal Housing Enterprise Oversight, Office of the Comptroller of the Currency, Office of Thrift Supervision.

    • marilyn lane says:

      Tim
      I am at the library. I hqave a new Dell lqaptop so it is not my computer that causses me troubles and now being able to post.I think Astirua Federal the bank that sold my property without owning it has a second computer on my Internet line enabling them to watchm alter, screen and delete whatever I do. Yipes.

      That 2009 decision was the Appellate Div. covering up for Judge Schlesinger’s Dec 4 2008 decision. Both of those decisions read like an LLPS DOCX document altering the facts and the dates.

      From the Appellate dec. I went directly to the NY Court of Appeals and Chief Judge Jonathan Lippman decided on Oct 15 2009 “Miotion for leave to appeal dismissed upon the ground that the order sought to be jappealer from does not finally determine the action within the meaning ofthe Constitution I could not get a final determination.

      In 2009 I wrote a little book (19 pages) about what started out with the bank hiding 4 of my mortgage checks to fake a default and then their never ending conspiracy of how to steal property
      I have a PO ML- box 154 WEST sAYVILLE ny 11796. if you could drop me a note how to contact you I would love you to read the transcript of what is hapening to me and the part the judges play in foreclosure fraud in NY (even tb c/o a candy store in your neighboor hood.) Thanks m.

  16. Tim Bryant says:

    I just sent this letter to NY AG Eric Schneiderman. It is another aspect that needs to be addressed;

    Thank You. The following information has been submitted:

    Form submitted on June 7, 2011 9:17:24 AM EDT

    Personal Information:
    Mr Tim Bryant
    XXXXXXXXXX
    XXXXXXXXXX
    XXXXXXXXXX

    Comments:
    As part of your investigation of
    mortgage servicers, you may want to look
    into “captives”. These are the banks
    offshore facilities they specifically
    built as part of the origination and
    servicing operations. If they try to
    deny their existence to you, here is an
    article proving such…
    http://www.nationalmortgagenews.com/nmn_
    features/vendors-bundle-outsourcing-
    tech-1025059-1.html?CMP=OTC-RSS

  17. Tim Bryant says:

    Read this and tell me if it sounds like history repeating itself….

    http://en.wikipedia.org/wiki/Shays%27_Rebellion

    • Tim Bryant says:

      I left out that the government has been preparing for another revolution for a while….

      http://en.wikipedia.org/wiki/Rex_84

    • Trevor Hitchin says:

      “Influence is not government.

      Let us have a government by which our lives, liberties, and properties will be secured, or let us know the worst at once.”

      – George (the man with a plan) Washington

      I feel like that Dan cat in the photo, complete with grimmace and with hand on sword, not weiner, sword. Speaking of A.W., ask our Congressman what he learned this week in show and tell. Specifically, it is always best to start with the Truth…Arnold, Mr. Edwards, would you gentlemen agree? Start with the truth…third grade stuff right?

      Right Toni Francis, Bob Hendrickson, Donna Black, Mike Fischer, (v.p of Fraud) and assuming he exists and is a real, not just a robo, ‘executive’……and of course their attornies of Ringert Law, Laura Burri, and their sleazy real estate agent of Real Estate Royale, also of Boise, Idaho. RICO all the way. . . . MetLife is FretLife…known offenders / usual suspects.

      Oh and did you see that Rep Bauchus of Alabama has suggested that American’s need less/fewer Federal Programs to help Americans avoid foreclosure. Huh??? Fewer than none? There is no value less than zero.

      The Federally Funded Banks being paid to help you and your neighbors are just pocketing the coin…again, the answer is simple, let the People pay what they can afford to their Casino…..and the Casino accepts payments on 30/35/40/45/50 yr schedules and offers Flexpay Programs. No extortion, no perjury, no court cases, no false accusations, just pleasant streams of incomes…..because really, in the end, the Customer, is, once again, always right….. Or the whole system can Buffalo Jump off the cliff, think Road Runner when he Wylie goes just a bit tooooooo far. You know the scene.

      Put some Federal muscle around this – Flexpay system and you have a game changer. Then find the last person holding the ‘bag’ on the securitizations ‘products’ (in the World) and offer them full value of their holdings. Then follow the paper/money trail back to the fraudulent ‘Debt Collectors’ trying to double and tripple dip and build a wall around Irving, Texas and ask that the ‘town’ be coverted into a White Collar Crime Conviction Center (no moving costs, most if not all guilty parties are already there).

      Then the ‘Orphan Loans’ get picked up by the US Treasury Dept (we all call Timothy our Savior) and three things happen.

      1. Trust is restored in the markets (here and abroad), Americans can travel safely again and with coin.

      2. China takes a long sigh of relief and stops calling our Sec of State names.

      3. The Gov’t begins to make interest income on the protection and restructuring that it provided. Think of it as ‘Medicare’ for the ailing Home Financial Sector – but a heathy (well heeled) version…….. a win/win/win…..hatrick. Complete with lessons for the future so it doesn’t happen again.

      Some months you pay more, some months you pay less, alot less….when you pay less you are a customer longer……————-> more revenues for the ‘debt collector / investor / fraudster / thief’ but it is an expense you control, like an accelerator pedal or brake, there is control and flexibility in these times of instability and chaos….. Wouldn’t you would think more business is better??!!

      I am not sure where these Casino Bosses went to Grad School, but personally i cannot think of any business to knowingly turn down another 15 yrs of a client’s spend if given he choice. Especially if the alternative looked less attractive by all standards, weights and measures. . . and was referrenced by the American People as “Camp Snoopy’ and “Enron Iron’….. “Killing the American Dream”, “Perjury”, “robo-fraud”, and was conducted knowingly and with malice. These acts should be treated as a most heinous crime. Ultimately, that WAS all we had here in these Unites States- the Dream of a better day and safety that the Courts and the Banksters would have a System of Checks and Balances – that no man was above the long arm of the law. Especially Banks, especially Nationally Registered and Civically Funded Banks. Can you imagine a wheelbarrow full of curreny needed to go grocery shopping…..help hold your legistltive Assymbly accountable for restoring integrity into our Housing and Financial and Judicial Markets. It’s their job. . . you pay them to DO this. Have a check in…..it’s healthy. Your Senators and Congressional Reps WANT to hear from you.

      You have a voice, it works, use it. George used his…..

      Especially you Mr. Francis. I hope you see this.

    • Readdocs says:

      The Shay Rebellion is one of the major reasons for the Constitutional Congress resulting in the writing of the United States Constitution.

    • Tim Bryant says:

      The other 4 parts are below

  18. Tim Bryant says:

    One thing to watch…If any of these federal agencies oversee the foreclosure process, then the “Equal Access to Justice Act” kicks in. You can read the specifics of that law here….

    http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t05t08+23+1++()%20%20AND%20(

    • Tim Bryant says:

      This especially applies to anyone who is being foreclosed on by Fannie or Freddie. If you dig into your securitization, and can find an agency (i.e. Treasury) who is an investor on your loan, EAJA kicks in. This is important to mention to any attorney you may consult with. If the government reimburses the attorney fees, you may not have to pay a retainer.

      • Elizabeth says:

        Tim, what do you mean by “dig into your securitization”? And how do you think it works, with attorney and Pro-se?

      • Tim Bryant says:

        You wouldn’t need to go pro se if the government would reimburse your attorney fees. This is how Social Security appeals work. You do not pay the attorney because they get reimbursed. It is worth discussing with an attorney. This would also apply if you apply for an exemption from the SEC under Sec. 29 and they made (or failed to make) a decision which disregards you as party to a securitization (i.e. my personal experience). This would also occur if you have filed a complaint with Treasury that the lender / investor violated the terms and conditions of HAMP. It is Treasury’s responsibility under its’ terms to correct the situation. This invokes EAJA and the Tucker Act, as a government agency has acted (or refused to act) on an issue which directly affects you negatively.

        If you dig into your securitization, and find that the government owns your loan (which BTW is in violation of the Constitution), these would also apply. Remember, Treasury and the Fed bought $2T in MBSs. It is also worth noting that SIGTARP has directly blasted Treasury because they created TARP and HAMP with no intention of enforcing it’s protections.

      • Elizabeth says:

        “It is worth discussing with an attorney. ”
        Tim, it is simply worth discussing. It can make a difference if we, and the attorney (G-d willing), as well as the judges in our courtrooms,understand the mechanics of this Code. Also, what kind of opposition, stalling, rejection/reversal it may meet?

        Have you heard of any actual case where this approach was used and failed or prevailed?
        Tim, you are G-dsent to us, “the deadbeats”. And we are proud to have you. Good job!
        It seems that you went through thick and thin “acquiring” this.
        You have my true respect for sharing.
        Liz

      • Tim Bryant says:

        Should we register with the Federal Elections Commission as “The Deadbeat Party”?…..LOL

        Sort of catchy, isn’t it?

      • Tim Bryant says:

        Here is case law describing how EAJA works. I will look for anything more specific to our situations…

        Click to access 10-8040.pdf

      • Tim Bryant says:

        I have found that Vets who have been aggrieved on (VA) home loan foreclosures can invoke EAJA in the United States Court of Appeals for Veterans Claims…..

        http://web.nccu.edu/law/news/courtofappeals-veteransclaims09.html

      • Tim Bryant says:

        Elizabeth,

        Here is the case you have been looking for. This case is so amazing, especially in light of TARP and HAMP, and the current foreclosure crisis. Amazingly, it dates to the 1980’s. In my opinion, a foreclosure by Fannie or Freddie, or any entity who received TARP money and/or participated in HAMP, falls under the cloak of EAJA if the government intervention caused you harm. In light of the abuses of HAMP, millions would fall under this….. http://ftp.resource.org/courts.gov/c/F2/743/743.F2d.454.83-2677.83-2038.html

    • Readdocs says:

      That’s not a tool, that’s a weapon.

      • Bryan Hufford says:

        When at war, the one with the weapons usually prevail. I hope our side finds a WMD soon.

      • Readdocs says:

        This might become a wmd to be used against the banks, or in spite of them.
        http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1817857

        This has already started. And one of the systems that brought this idea about is Ithaca Hours.
        Which has been around for many years.
        You might want to share this, and see if it inspires others to use such ideas in helping oneself and others.

    • marilyn lane says:

      I found an interesting site that gives alot of information how Fidelity and its different companies run their operations. It is in a newsletter called The Summit for employees .
      Encouraging PEAK PERFORMANCE IIN THE FIIDELIITY PARTNERSHIIP

      (look how nicely they word this)
      an example: .
      With the introduction of Signature Required, we have
      the ability to track documents and identify documents that
      may have been misplaced and need to be re-executed.

      • Readdocs says:

        In many cases that problem cannot ever be fixed, as the statute of limitations has run out in getting
        that paper work registered and filed before the state time was up. If they were supposed to be in a trust
        this means the trust is either deficient or empty.

      • Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp) says:

        @ Readdocs

        Litton and their embedded LPS employees can come to the rescue, regardless of those pesky rules in the PSA, regardless of the IRS rules, regardless of the NY Trust laws and even regardless of the actual content of the Deed of Trust.

        LPS’s initials are on the area of the assignment of the deed of trust as the requestor of the recording. Document to be returned to Litton after recording. The document is dated and recorded 5 years too late. It is generated and recorded after the supposed default and after the NOD was filed. It was signed by Litton’s attorney Debra Lyman in TX. At least, it is supposedly her signature. The document is self-serving since LItton is working for the supposed CWABS trustee, BNY Mellon. It is also a document that was generated after litigation was in progress and appears to be a fraud upon the court. Tisk, Tisk.

        That document has Debra signing as the nominee of a Corporation that did not exist in reality and assigning the mortgage to a CWABS Trust from FIVE (5) YEARS before the date of the assignment. The assignment alleges to ASSIGN the NOTE to the trust also. MERS just is not supposed to have that capability EVER. But LPS and Litton Loan Servicing to the rescue!

        See? Those pesky problems that can not be LEGALLY fixed are never beyond the ability of LPS and Litton Loan Servicing.

      • Tim Bryant says:

        An important point, especially in litigation, is to file a criminal complaint if a falsified document is submitted before the court. While you may think that it will not go anywhere, it is useful as a strategic tool against these perps. You can drag them to court, subpoena duces tecum, to explain how these new documents came to be. Here is the kicker…if you have an attorney, they would remind the witness of their 5th amendment rights as their is an active criminal complaint. How much do you want to bet they invoke that right? Once they invoke, you ask for dismissal WITH prejudice, as you have the right to prevent a defense and confront your accuser and their witnesses under the 14th amendment.

        If they don’t invoke, then you get a transcript of the testimony and submit it as evidence in your criminal complaint. You also have proof that the crime was committed as part of interstate commerce, was a conspired act, attempted to corrupt the judicial system, and used the mails and/or wires. Voila, you have just proven racketeering. If you lose your home because of this act, you file a RICO action against not only the perps, but now the state and judge for furthering the racket under Title 18 of the US Code.

      • Tim Bryant says:

        In today’s HuffPost there was an article about Goldman selling Litton. Here is a very interesting part of the article…

        “In March, Goldman said it was considering selling Litton, which the company acquired in 2007. And then in May, the New York branch of the Federal Reserve received a letter from a Litton employee, who said Litton was denying mortgage modifications to distressed homeowners. The New York Fed said it was looking into those allegations.”

    • woodknot says:

      Thanks Tim-
      yes that is scary but this morning (June 6, 2011) this article made me feel much better !
      http://www.seekingalpha.com/article/273420-why-you-should-avoid-these-6-banks?source=msn

      • Tim Bryant says:

        We can only hope BofA goes bankrupt….LOL. The world would be a MUCH better place.

      • Trevor Hitchin says:

        So I thought I was dreaming…stranger than fiction and happening now…..

        I get a UPS (thick) ‘please don’t call the po-po on us’ the Executive Office of American Home Mortgage Servicing , Inc. (now in Bankruptcy) of the soon-to-be infamous center of our ‘piggies at the trough who just couldn’t help themselves….or Fur Closure HQ – a.ka. Irving, Texas’. Let’s just say their ‘tone’ has changed. Incidentally, so has the tone of the Law firm (to be unnamed) of Colorado, hired to falsly est. basis to ‘collect’ on an ‘already sold’ loan. (repeat the ‘already sold’ for emphasis and accuracy. I believe as a songwriter or playwrite might include a 3X – 5x in the ‘director’s notes collumn’…….

        Yeah so like we are all ‘6th Sensing’…..the tide has now gained momentun asevidenced by my little office chat with the (other RICO-esque party) Northwest Land Services (the foreclousre ‘executioner’, the ones who actually schedule the sale of your home.

        They are evil spitited too, and usually say things like:
        “Sorry Maam/Sir, there just insn’t a THING we can do, unless your (Servicers/Debt Collector – fill in the name of your favorite sleazy mortgage Co. / ‘Prank’ here) ”

        “We are proceeding with the Sale of your home at the direction of (see above) and unless and until you come to us with final settlement of $(many thousands of dollars plus fees on top of fees on top of fees – think Signapore tax/tax/tax) we WILL BE SELLING YOUR HOME.

        Yeah, you could of heard a pin drop when I told them they too were just reported (by yours truly) to the FBI et al…. they were like “you know about M.E.R.S.?……….(silence / prego pause / more awkward silence).

        ME: “More than I should.”

        THEM: “Oh. (silence)”

        ME: (listening for pin drop) “Hello – are we clear?”

        THEM: “Yes.”

        Then I walk into the house and get this – no, I’m no lying – there is Andrea Mitchell of MSNBC covering the story of a (are you sitting down), a Sherriff’s Department Team of Officers raiding (still sitting down) a Bank of America upon receipt of a Court Order to enforce the collection and sale of (yes you are are starting to get it) the Bank’s Assets…..chairs, printers, file cabinets (frem the Atty’s mouth, my new hero). It appears Bank of America illegally foreclosed on a family, judgement was reversed with penalties and reimbursement of attornies fees, Bank of America tried to skip out on the Atty fee part, (huh, they just charged me $140 in fees and I had to pay, okaaaaaay?!) and the Defendant / turned Victor/Hero filed for Enforcement. So when the cops go into the Bank, BofA takes out a ‘new’ Songsheet, and begins singing…. I was LMAO, then I got up and LMAO again. I wondered if I could post about it….or was I censored and booted????…..and well here I am.

        The message, if you think you are being illegally foreclosed upon, or if you would like to protect your RIghts and likely those of any party(ies) who may be holding a “Purchased Deed of Trust / ‘A Product'” or interest (financial or otherwise), well, you get it…..stop them from hurting themselves, report to your local Police Depart (with evidence and a ‘Victim Impact Statement / Sworn Statement’ get it notarized and offer it to your PD – they will appreciate it and your report will be more accurate then trying to recall all details in front of a man/and or woman with a gun and or taser….. get it down on paper first. Got it?

        Ok… so let’s see what Bank of America has to say about losing it’s perverbial ‘shirt’ to the Sherriff’s Department. I am not making this up. I couldn’t. And the Universe also has a light side. Keep it light. and never give up. Ever. Now go watch MSNBC and see if it has looped. 12:31 = 7

      • Tim Bryant says:

        This is another prime example of the old saying, “knowledge is power”. These entities prefer to fight unarmed opponents.

    • Readdocs says:

      Bank of America is now moving mortgage servicing from B0A Loan Servicing to Bank of American NA.

      • Cindy says:

        Has anyone here had their mortgages transferred to the parent company–from BAC to BofA, N.A.? Why is this happening?

        With some BAC second mortgages, a transfer notice stated that the loan went to Bank of New York Mellon, but servicing remained with BAC. BNY Mellon called itself the “new creditor.” About a week later, BAC transferred servicing to the parent company, BofA, N.A.

        Has the parent company EVER serviced loans? Why now? Why transfer loans already in foreclosure?

        The interesting thing is that under the UCC, as I understand it, if a bank takes a loan already in default, the bank becomes a debt collector, and debt collectors cannot foreclose. (If this is incorrect, someone please correct me.)

      • Tim Bryant says:

        Cindy,

        Send a QWR to BNY Mellon. Ask them for a copy of the sales contract for your loan including, the terms, conditions, and consideration. If no money was paid for your loan, it was not legally sold for value.

      • DT says:

        I have just received my letter from BAC home loan servicing, my loan is going to BAC NA as of July 1. Let me ask you this…..They did the first fraudulent assignment of mortgage from MERS to BAC home loan servicing, now what ? can I expect another fraudulent assignment to BAC NA ? Doesnt this further cloud the title of my house ? are they digging a deeper hole for themselves ? I just dont understand why they would be doing this, there has to be a reason !! The plaintiff in my case is BAC home loan servicing can they no longer foreclose on me since they no longer own the loan ? I am starting to get confused ! ha

      • Tim Bryant says:

        You said they were the “plaintiff”. Assuming an action is already in the judicial system, submit a motion for summary judgement as the plaintiff is not the real party in interest. They cannot do a transfer or assignment, after the action has been initiated.

        You can research numerous cases which have been dismissed on these grounds. Usually, they are without prejudice. This means that they can refile.

      • Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp) says:

        I’m not certain if everyone here is on top of the fact that both SERVICING and NOTE OWNERSHIP are moved SEPARATELY. Servicing can move without any change of ownership. Ownership can change without a change of servicer.

        As far as a change of the OWNERSHIP while someone is being foreclosed by the SERVICER. Hmmm. SOME courts do not allow the servicer to foreclose, some do. Documents may actually show the servicer is foreclosing on behalf of the owner. If it is being done by the servicer on behalf of the owner, and the ownership changes, the court might allow the docs to be amended.

        Now if it is a BANK that is the new OWNER, you need to check the laws. I recall reading something recently about a transfer to a bank of a defaulted note falling within the FDCPA and that the result was the bank came into play as a DEBT COLLECTOR. The rule that was being cited did not allow collection via foreclosure. You need to check this rule. It is also in the BK laws about a debt collector I believe. Check the ‘strong-arm’ rule there.

      • Tim Bryant says:

        Hell no,

        I just found an article on an industry website that is making me question whether the lenders EVER “own” the note. You MUST read this. It is very telling….especially the “offshore operations”….

        http://www.nationalmortgagenews.com/nmn_features/vendors-bundle-outsourcing-tech-1025059-1.html?CMP=OTC-RSS

    • marilyn lane says:

      Tim
      My computer is hacked into I have to wait to go to a library to put my reply in to you.
      Today being Sunday the library is only opened short hours and busy so not today.

  19. Tim Bryant says:

    Bryan posted this below, but this link is very important. I wanted to put it up top for all the people that are new to the site…. https://forms.house.gov/oversight_majority/webforms/financial_tipline.html

    • lies all of it says:

      thanks tim i sent a letter yesterday and today. about the securitization of these loans and not educating us about securitization was fraud and all our loans are null and void.

      • John McCormick says:

        Thanks Tim! Here is a copy of my note to the congressman.

        Dear Rep. Cummings,
        One over looked aspect of the foreclosure mess is the artificial support of housing prices in the US by the misreported and misidentified transactions between the foreclosure mills and fannie and freddie. Here in Nevada, the transactions reported by Fannie and Freddie as “sales” are not sales but merely transfers of interest between the parties. These “ sales” are reported at the price of the defaulted loan, rather than at the price of the property value. The “sales” are then picked up by AVMs Automated Value Models) ( think Zillow) and are used to support an unreal assessment of market conditions.
        The issue is further complicated by Fannie and Freddie’s status as GSE who are or are not “private companies” . As a government agency the entity should pay no transfer (stamp) tax in Nevada. However just the other day Mr. DeMarco of FAHA stated before congress that Fannie and Freddie are “private” companies and therefore not subject to the FOIA mandates. (Page 8
        Subjecting Fannie Mae and Freddie Mac to FOIA) http://www.fhfa.gov/webfiles/21318/Demarcotestimony52511.pdf

        If they are private then they may owe us some taxes and if they are public then why are they not submitting to the FOIA mandates?

        Is it not time that we returned to the American system of finance as described by Carey in the 19th century?
        BTW more than a year ago I attempted to find the identity of the lender as defined in my promissory note by putting in a FOIA request to HAFA. I still have no idea who the “lender is” and I have a right outlined in the note to be conversant with the “lender”.

        Thank you for your attention,
        John McCormick

      • Tim Bryant says:

        John,

        Great letter !!!

      • Tim Bryant says:

        Thank Bryan….he found the link and posted it for us.

    • marilyn lane says:

      Tim – I’m glad to see you posting. Last night when I watched the weather channel I thought about you and I’m sure alot of others did too knowing you lived up in Massachusetts. I sent Cummings my little book on my nightmare I hope they are really going to help us.Can’t they go faster than turtles.?

      • John McCormick says:

        I made an error in the last post. HAFA and FAHA should have read FHFA………… Federal Home Finance Administration

      • Tim Bryant says:

        Thanx, I live in a suburb of Springfield, so the tornadoes came our way. The only thing I lost was my phone and internet for a day. The next town over from me is a mess. When you see it, you realize how much your home means to you.

    • Bryan Hufford says:

      Thank You Tim, I am writing a complete letter. I hope everyone that can will just flood him with their cases

      • Tim Bryant says:

        I hope everyone visiting this site takes the time to submit their horror story. Also, any evidence of legal, judicial, or legislative misdeeds should be sent to that site as well. Rep. Cummings is the best defender we have on the hill.

      • Tim Bryant says:

        Mike,

        You should submit an invitation to view this website to Rep. Cummings. He will see the mass of issues everyone is dealing with. It may be very informing.

    • lies all of it says:

      thank you all! my husband has been silent through this because it is me that is on the internet fishing. trying to stay alive. we have alot invested in our home and i would not walk away. he has said to me on numerous occasions why we can not all combine on some facebook page like egypt. and try to get a protest together on each of our individual capiyols on the same day. stregnth in numbers. i feel when i go to court and have to stand of this judge i am alon and naked it can not be that way. wells fargo can be aloud to win a free house from me. what they have done is a federal crime. lieing , cheating and stealing to win a free house.. lieing at contract, lieing as a servicer and lieing in modification. lieing to all government entities to make it same like we are the bad deadbeats when they told us to stop paying. all crimes. please we need to find some way to combine efforts and stop this foreclosure machine.

  20. Ohioan says:

    http://news.firedoglake.com/2011/06/01/wall-street-journal-figures-out-massive-chain-of-title-problem/

    Housing expenses, similar to other basic necessities, has to be a reasonable percentage of a person’s take home pay. But home valuations are still too high because of the bubble. The bad banks have to be forced to write down/off these overpriced assets. Only then can the prices come down to realistic levels.

    • Tim Bryant says:

      Great article. If Oregon succeeds, the Constitution, and the Judicial system, will effectively be obsolete…

    • Tim Bryant says:

      SITE SEARCH

      The Oversight Committee is currently conducting an investigation into the foreclosure crisis and is interested in any information that may help further the investigation.

      The Oversight Committee has the highest respect for confidentiality. As such, we respect your need to remain confidential and will use your contact information only to follow up with you regarding your submission. If you do not wish to provide contact information, you may leave the contact fields blank.

      Message to Ranking Member Cummings:

      This link to Nationwide Title Clearing’s website clearly shows how assignments and transfers are not done by MERS employees, or by the true party of interest in mortgages.

      http://www.nwtc.com/services/Loan_Transfer_Assignment.html?SI=1_16

      COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM

      U.S. HOUSE OF REPRESENTATIVES • 2157 RAYBURN HOUSE OFFICE BUILDING • WASHINGTON, D.C. 20515 • (202) 225-5051

  21. Trevor D. Hitchin says:

    I spent nearly an hour on the phone with the FBI today (SLC – Regional) reporting my abusers (Robert Hendrickson of FretLife / First Horizon, Tony Francis formerly of First Horizon and Mike Fischer, also of FretLife). At the end of the conversation, I was not given a report number but was told that my $300,000 in losses and 10 yr sentence to Bad Credit Land was not really enough of a ‘loss’ for them to go much further, but the Duty Agent did say they would review it. I informed the Agent that although it was not a massive amount to the Bureau, they were my last stop toward Justice and the amount did represent 5 yrs of my blood, sweat, tears and over 26 yrs of my Roth IRA savings – spent on the remodel to save the house. I then said if we as Americans are losing billions to these scammers / criminals. Look for my book on the subject Fur Closure… the high cost of white collar sloth….

    Board – this is the place, the battleground for saving this Country and what it stands for (stood for) when our grandfathers and grandmothers had their run in with evil – remember that? Had they lost that one, this text would be in German. Well, I would have been gased, I would have had no Rights. That is the bad/sad news.

    The good news is that miracles do happen and well, at $15 Trillion in the hole and China et al. staring down the US (read: clean up your act America or we will do it for you) – times are changing and in the Year of the Rabbit, we need change to bounce/hop quickly then settle.

    I am calling on all Law Enforcement to take our indivual claims seriously. Together they amount to global losses and issues – worthy of the Justice we as Americans stand for.

    Tim, thanks for holding the tillar while I slug away. I am awaiting news about Emergency Federal Foreclosure assistance that I qualify for but that is being dolled out by Republican minds that don’t like to help anyone (read: I may get my day in Court afterall) – Fur Closure round II. Basically, am calling American Home Mtg Servicing on their bluff. They have no basis to accept my full mortgage payment and NOT apply it to my loan. I will be calling Boise Police Dept to file fraud complaints tomorrow. Keep the pressure on these criminals – all of them.

    Also, if you bitch about America, remember, YOU chose not to vote. Teach the youth that only in America can you vote freely or run openly. . . Watch next fall, the election will go to the ticket that resonnates and today we can all see that Palin / Trump / Christie / and Boner are all a bunch of clowns…recycled losers letting the world down and those millions who have come to this land in hopes of being free from oppression.

    Remember what I said a year ago, if the Casino was allowed to cheat (not stack the odds, CHEAT) then they would have the Nevada State Gaming Commission all over them. No winners, cheating houses, no casinos…..just sand. Keep that in mind. We are all very temporary – in the big picture.

    Fight on! The rock is about to break – the sword is moving… Call you local FBI and/or police – let them do their job. Help take a bite out of (white collar) crime. I hope that Eqgyptian pig, that Italian pig and that French pig all get their full plate of Justice. They can’t help themselves but in America – we still have laws and fighters. . .

    I hope you each have taken a bit of hope and courage away from this board, I have. Tim, you still rock. . .

    Oh yeah, remember what was fought for in 1814 in Baltimore. Those merchants sank THEIR OWN ships to block the British….. then fought ALL night and yep, it was still there in the am. We got em on the run now… we DO. DONT YOU FORGET IT. T-bone -RA 777

    • marilyn lane says:

      what is happening to the United States is what happened in Nazi Germany.
      Google the enclosed : ( it comes from CBS BNET)
      Home / FindArticles / Reference / Vanderbilt Journal of Transnational Law / March, 2004
      Imperfect justice: looted assets, slave labor, and the unfinished business of World War II
      by Stuart E. Eizenstat Home / FindArticles / Reference / Vanderbilt Journal of Transnational Law / March, 2004
      Imperfect justice: looted assets, slave labor, and the unfinished business of World War II
      by Stuart E. Eizenstat – US Ambassador to the European Union,

      Comments .12345678910…
      15Next ..I want to tell you an improbable story about how fifty years after the end of World War II, long-forgotten victims of not only the greatest genocide in history, but of what we learned was also the greatest theft in history, finally achieved some belated, as I call it, imperfect justice. This includes: those who placed their most precious assets in the safest banking system in Europe–in Switzerland–to keep them out of Hitler’s clutches (for fifty years after the war, they were unable to recover them); those who were forced into brutal slavery and forced labor at the hands of German and Austrian employers and were never compensated (most of these, by the way, were non-Jews in Eastern Europe); those whose hard work, businesses, and apartments were confiscated and never restituted after the war; those whose insurance policies were never paid; and more broadly, those whose entire culture was stolen from them. It is a story of how some of the world’s most powerful corporations were finally held accountable five decades after the end of World War II. It is a story of political intrigue, of diplomacy at the highest levels, involving our president and the heads of government of a number of European countries. It is a story of threats of sanctions by state and local authorities, and a story that involves a colorful cast of characters reminiscent of a Shakespearean play.

      It started for me on a typically wet, dreary January day in 1995 when I was in Brussels serving as the US Ambassador to the European Union…..

      Comments .12345678910…
      15Next ..I want to tell you an improbable story about how fifty years after the end of World War II, long-forgotten victims of not only the greatest genocide in history, but of what we learned was also the greatest theft in history, finally achieved some belated, as I call it, imperfect justice. This includes: those who placed their most precious assets in the safest banking system in Europe–in Switzerland–to keep them out of Hitler’s clutches (for fifty years after the war, they were unable to recover them); those who were forced into brutal slavery and forced labor at the hands of German and Austrian employers and were never compensated (most of these, by the way, were non-Jews in Eastern Europe); those whose hard work, businesses, and apartments were confiscated and never restituted after the war; those whose insurance policies were never paid; and more broadly, those whose entire culture was stolen from them. It is a story of how some of the world’s most powerful corporations were finally held accountable five decades after the end of World War II…

    • Tim Bryant says:

      Well said. The people WE bailed out, spit on us. The people WE elected, ignore us. Now is the time to be more vocal, to them and the media, get the word out, WE demand to be heard !!!! Do not beg or plead for their consideration, DEMAND it !!! We are past the pleading, which we did to our detriment. Make these worms squirm.

  22. Ray says:

    I have been trying to find my “pool” in EDGAR with no luck am I missing something in here?
    Chase funding Mortgage loan asset-backed certificates,series 2004-01 , is what it says on the assignment they filed in court.
    I ran it under chase and could find a few but not the -01 for 2004

    • Tim Bryant says:

      EDGAR is for SEC filings. It may be a Private offering security, in which only Chase can answer that for you. Send a QWR…

  23. Beth A. says:

    Hello! In connection with privacy issues and the release of information to third parties – it is also important to check service agreements & applications. Many firms will sneak in text that says the applicant agrees to the release of data to affiliates or non-affiliates that “may offer services of interest…” (or similar language). The applicant is then forced to opt out of the sharing…often is missed, of course. So, we have to opt-out later via an 800 phone number or letter. Often times, folks are thereafter surprised to find themselves being solicited by these other companies.

    I’m not in the mortgage business (uh, I have a soul…), just work in the compliance field. Also the victim of fraudulent mortgage. I write privacy policies as well. It slays me when regulators will beat up small entities for privacy infractions (most are unintended errors) but these large entities seem to skate unless there is widespread issues/fraud involved in the data release.

    Check apps/service agreements – report violations of the Federal Privacy Act (just another thorn to add in the violator’s side). Keep up the good fight 🙂

  24. Elizabeth says:

    For those in Florida…
    Is there someone who used the mediation. Would you want to share your experience?

    The site http://www.rmfmp.com says: “Because of the high number of mortgage foreclosures in Florida, the Supreme Court of Florida has issued an administrative order to all lenders that requires them to seek mediation of the foreclosure proceedings prior to bringing the case to the courts.”

  25. Readdocs says:

    What is this? Mortgage Investors, Inc. offering refinance to newly mortgaged home owners. Without solicitation calling these new home owners refinancing without any real closing costs or credit check.
    They are using the VA to obtain lists of new VA financed home owners, offering refinance of loans attached to the interest rate of government T Bills.
    Is this just another round of mortgage fraud?

    • Tim Bryant says:

      Don’t you get a kick out of all the unsolicited mail you get from other banks to refi, while your trying to do a mod or avoid foreclosure? Where do they get that info?

      • Elizabeth says:

        I have the same question. I receive a lot of similar offers stating that they got it from the “public records”.
        This is especially strange because nothing has been filed in the Clerk’s office.
        Then, where from???

      • Tim Bryant says:

        It is either coming from the banks themselves who have a fiduciary responsibility NOT to disclose your personal information, or the credit reporting agencies who are not allowed to allow access, disclose, or sell your personal credit information without your approval.

      • Elizabeth says:

        Tim, what steps may be appropriate now?
        Also, if someone else is in the same situation in Florida, may we complain as “a class”, or better do it on the individual basis?

        Tim, G-d bless you, your family, and all those who don’t give up fighting and defending.

    • Readdocs says:

      It’s strange, this couple who just closed in October, and moved into the new house in March were contacted by phone by Mortgage Investors, The representative ask if he could come to their home and
      explain to them why refinancing would be to their advantage. This is a brand new mortgage, and already they were being solicited, not through the mail, but via phone. Plus, since this was a VA loan, how did this company get their information. The VA does not give out that kind of information. And it was said the VA
      gives them a current list of those who had used VA loans.
      So where’s the wrinkle in this mess, and it’s there.

  26. Fury says:

    http://realestate.msn.com/blogs/listedblogpost.aspx?post=f3b95136-53f0-4954-b96a-95e00f8fa648&GT1=35000

    Banks to pay service members for improper foreclosures
    2 lenders agree to $22 million settlement with 178 families who lost their homes in violation of U.S. law that was supposed to protect the military.

  27. DanJS says:

    A recent article, at Bloomberg.com contained the following:
    ‘Bad Things’
    New York Attorney General Eric Schneiderman is investigating banks’ mortgage securitizations, and California Attorney General Kamala Harris announced May 23 that she has established a mortgage fraud task force.
    “It’s clear that servicers have done a lot of bad things and they haven’t been called to account for it yet,” Eggert said. “A state attorney general who really wants to do some digging can find a lot of bad actions by servicers and the question has always been who is going to do the digging and who’s going to find what facts are there.”
    Excerpted from http://www.bloomberg.com/news/2011-05-26/bofa-targeted-as-states-step-up-pressure-in-foreclosure-probe.html

    Why do not investigative reporters ask simple follow-up questions? Questions demonstrating a pre-investigative grasp of the subject matter at hand? Why don’t they develop contacts at multiple financial and government organizations to pose these questions to?

    Questions like “How Many of those ‘bad things” you just mentioned were in actuality “alleged illegal actions” by the banks, their mortgage servicers, or the multiple law firms who represent the banks and their sub-contractors?

    (A side question: Do editors or the attorneys of publications “prevent” their “investigative reporters” from asking “certain types of questions?)

    Follow-up questions like these?

    Aren’t forgery and perjury prosecutable crimes?

    If executives of financial institutions authorize or oversee the establishment of computerized, systemic administrative procedures that effect these crimes on a massive scale, subject to indictments for criminal action? Why or why not?

    Exactly what are the “bad things” that have been done?

    Is the destruction of mortgages and deeds to secure debt and/or the loan notes themselves some of these “bad things”?

    Is the non-statutory circumvention of local property records a violation of the law?

    Does the non-transfer of “anticipated” mortgages/deeds-to-secure-debt to “trusts” constitute an illegal action against investors who purchased “mortgage backed securities”?

    What are the U.S. income tax consequences of not “doing things correctly”? Does the IRS have an actionable interest in pursuing tax fraud?

    Have specific politicians benefited from a “conflict of interest” relative to our financial meltdown? What are their names and what are/were the conflicts of interests? Are these “bad things”?

    Have taxpayers and homeowners suffered real financial loss at the hands of financial corporations or the executives of those corporations? What are the names of the corporate executives who have been complicit in these matters?

    Is it illegal to name tens of thousands of individuals or corporations as “vice presidents” of companies if none of these individuals have received W-2 or 1099 income for their “services” or “labor” from these “employers”? Are there prosecutable crimes associated with this kind of “systematic manipulation” of financial transactions? What might those “bad things” be and what laws address such crimes?

    Have “academics” been paid “paid” to publish papers or “opinions” that have been used by financial institutions and politicians to “justify” the financial actions that have imperiled the economy of our nation? Are there conflicts of academic ethics involved in this kind of “extracurricular entrepreneurship”? What are those conflicts, and what are the possibilities of liability to the individuals or to the “institutes of higher learning” who employ these “academics.” Are there other consequences that these “academics” could be subject to?

    What organization(s) and which individuals created the “processes” that have undermined the legal titles of the homesteads of millions of property owners in every state of our union?

    Why is there a dearth of answers to questions like these? Is it because “investigative reporters” haven’t learned enough about the issues at hand to ask “real questions” … the answers to which have consequences… or rewards? …like a Pulitzer prize?

    • marilyn lane says:

      It is Willliam P Foley CEO of Fidelity National Title, former Chairman of LPS DOCX that paid the key pivotal role in creating the processes and organization that stole millions of properties from the people.

      How was this massive fraud accomplished? investigate William P Foley and his Fidelity entities, his network agreements ,his connection to the courts and to the land records and you will see how this fraud occured.

    • HammerTime says:

      Great post! I’ve been trying to go in direction of basically doing our own investigative reporting and start holding officials as well as Wall St accountable. I’m still in development phase but getting close if I don’t have to keep fighting off the dogs! Fits in with overall information service I’m hoping to get off the ground. Any lawyers, non-profits, agencies would be target. Anyone that may be interested in developing or using information service let me know. Recent LA Times articles on double dip etc almost completely ignores fraud issues. Will be approaching smaller newspapers and work my way up.

  28. Elizabeth says:

    Would you help to find a pool that has my loan (BAC, Freddie Mac, refi in July 2007 by Countrywide)?
    3 QWR’s did not move a thing at BOA.
    Liz

    • Doug says:

      I would like some help in this area as well, lending tree,countrywide,bac home loan servicing. The plantiff stated that the loan was not securitized but we all know that countrywide securitized 95% of all their loans and kept the NOTE !!

    • HammerTime says:

      Tim, is there equivalent demand letter I could write or have lawyer write in CA that you know of? Thinking I need to wait 60 days from 4/5 if no real response. Thanks!

      • Tim Bryant says:

        I’ll see if I can find anything for you.

      • Tim Bryant says:

        HammerTime,

        Saw this state law while looking for Consumer Protection law. It seems specifically written to cover the banks asses. If you read it, it is so illegal and unconstitutional. It even states “negotiation” is effective even in the event of “fraud, duress, or mistake”. This is entirely contradictive of the UCC, and the 14th amendment. Someone should notify their legislators of the illegality of this provision.

        COMMERCIAL CODE
        SECTION 3201-3207

        3201. (a) “Negotiation” means a transfer of possession, whether
        voluntary or involuntary, of an instrument by a person other than the
        issuer to a person who thereby becomes its holder.
        (b) Except for negotiation by a remitter, if an instrument is
        payable to an identified person, negotiation requires transfer of
        possession of the instrument and its indorsement by the holder. If an
        instrument is payable to bearer, it may be negotiated by transfer of
        possession alone.

        3202. (a) Negotiation is effective even if obtained (1) from an
        infant, a corporation exceeding its powers, or a person without
        capacity, (2) by fraud, duress, or mistake, or (3) in breach of duty
        or as part of an illegal transaction.
        (b) To the extent permitted by other law, negotiation may be
        rescinded or may be subject to other remedies, but those remedies may
        not be asserted against a subsequent holder in due course or a
        person paying the instrument in good faith and without knowledge of
        facts that are a basis for rescission or other remedy.

        3203. (a) An instrument is transferred when it is delivered by a
        person other than its issuer for the purpose of giving to the person
        receiving delivery the right to enforce the instrument.
        (b) Transfer of an instrument, whether or not the transfer is a
        negotiation, vests in the transferee any right of the transferor to
        enforce the instrument, including any right as a holder in due
        course, but the transferee cannot acquire rights of a holder in due
        course by a transfer, directly or indirectly, from a holder in due
        course if the transferee engaged in fraud or illegality affecting the
        instrument.
        (c) Unless otherwise agreed, if an instrument is transferred for
        value and the transferee does not become a holder because of lack of
        indorsement by the transferor, the transferee has a specifically
        enforceable right to the unqualified indorsement of the transferor,
        but negotiation of the instrument does not occur until the
        indorsement is made.
        (d) If a transferor purports to transfer less than the entire
        instrument, negotiation of the instrument does not occur. The
        transferee obtains no rights under this division and has only the
        rights of a partial assignee.

        3204. (a) “Indorsement” means a signature, other than that of a
        signer as maker, drawer, or acceptor, that alone or accompanied by
        other words is made on an instrument for the purpose of (1)
        negotiating the instrument, (2) restricting payment of the
        instrument, or (3) incurring indorser’s liability on the instrument,
        but regardless of the intent of the signer, a signature and its
        accompanying words is an indorsement unless the accompanying words,
        terms of the instrument, place of the signature, or other
        circumstances unambiguously indicate that the signature was made for
        a purpose other than indorsement. For the purpose of determining
        whether a signature is made on an instrument, a paper affixed to the
        instrument is a part of the instrument.
        (b) “Indorser” means a person who makes an indorsement.
        (c) For the purpose of determining whether the transferee of an
        instrument is a holder, an indorsement that transfers a security
        interest in the instrument is effective as an unqualified indorsement
        of the instrument.
        (d) If an instrument is payable to a holder under a name that is
        not the name of the holder, indorsement may be made by the holder in
        the name stated in the instrument or in the holder’s name or both,
        but signature in both names may be required by a person paying or
        taking the instrument for value or collection.

        3205. (a) If an indorsement is made by the holder of an instrument,
        whether payable to an identified person or payable to bearer, and
        the indorsement identifies a person to whom it makes the instrument
        payable, it is a “special indorsement.” When specially indorsed, an
        instrument becomes payable to the identified person and may be
        negotiated only by the indorsement of that person. The principles
        stated in Section 3110 apply to special indorsements.
        (b) If an indorsement is made by the holder of an instrument and
        it is not a special indorsement, it is a “blank indorsement.” When
        indorsed in blank, an instrument becomes payable to bearer and may be
        negotiated by transfer of possession alone until specially indorsed.
        (c) The holder may convert a blank indorsement that consists only
        of a signature into a special indorsement by writing, above the
        signature of the indorser, words identifying the person to whom the
        instrument is made payable.
        (d) “Anomalous indorsement” means an indorsement made by a person
        who is not the holder of the instrument. An anomalous indorsement
        does not affect the manner in which the instrument may be negotiated.

        3206. (a) An indorsement limiting payment to a particular person or
        otherwise prohibiting further transfer or negotiation of the
        instrument is not effective to prevent further transfer or
        negotiation of the instrument.
        (b) An indorsement stating a condition to the right of the
        indorsee to receive payment does not affect the right of the indorsee
        to enforce the instrument. A person paying the instrument or taking
        it for value or collection may disregard the condition, and the
        rights and liabilities of that person are not affected by whether the
        condition has been fulfilled.
        (c) If an instrument bears an indorsement (i) described in
        subdivision (b) of Section 4201, or (ii) in blank or to a particular
        bank using the words “for deposit,” “for collection,” or other words
        indicating a purpose of having the instrument collected by a bank for
        the indorser or for a particular account, the following rules apply:
        (1) A person, other than a bank, who purchases the instrument when
        so indorsed converts the instrument unless the amount paid for the
        instrument is received by the indorser or applied consistently with
        the indorsement.
        (2) A depositary bank that purchases the instrument or takes it
        for collection when so indorsed converts the instrument unless the
        amount paid by the bank with respect to the instrument is received by
        the indorser or applied consistently with the indorsement.
        (3) A payor bank that is also the depositary bank or that takes
        the instrument for immediate payment over the counter from a person
        other than a collecting bank converts the instrument unless the
        proceeds of the instrument are received by the indorser or applied
        consistently with the indorsement.
        (4) Except as otherwise provided in paragraph (3), a payor bank or
        intermediary bank may disregard the indorsement and is not liable if
        the proceeds of the instrument are not received by the indorser or
        applied consistently with the indorsement.
        (d) Except for an indorsement covered by subdivision (c), if an
        instrument bears an indorsement using words to the effect that
        payment is to be made to the indorsee as agent, trustee, or other
        fiduciary for the benefit of the indorser or another person, the
        following rules apply:
        (1) Unless there is notice of breach of fiduciary duty as provided
        in Section 3307, a person who purchases the instrument from the
        indorsee or takes the instrument from the indorsee for collection or
        payment may pay the proceeds of payment or the value given for the
        instrument to the indorsee without regard to whether the indorsee
        violates a fiduciary duty to the indorser.
        (2) A subsequent transferee of the instrument or person who pays
        the instrument is neither given notice nor otherwise affected by the
        restriction in the indorsement unless the transferee or payor knows
        that the fiduciary dealt with the instrument or its proceeds in
        breach of fiduciary duty.
        (e) The presence on an instrument of an indorsement to which this
        section applies does not prevent a purchaser of the instrument from
        becoming a holder in due course of the instrument unless the
        purchaser is a converter under subdivision (c) or has notice or
        knowledge of breach of fiduciary duty as stated in subdivision (d).
        (f) In an action to enforce the obligation of a party to pay the
        instrument, the obligor has a defense if payment would violate an
        indorsement to which this section applies and the payment is not
        permitted by this section.

        3207. Reacquisition of an instrument occurs if it is transferred to
        a former holder, by negotiation or otherwise. A former holder who
        reacquires the instrument may cancel indorsements made after the
        reacquirer first became a holder of the instrument. If the
        cancellation causes the instrument to be payable to the reacquirer or
        to bearer, the reacquirer may negotiate the instrument. An indorser
        whose indorsement is canceled is discharged, and the discharge is
        effective against any subsequent holder.

      • Tim Bryant says:

        HammerTime,

        Here is a link to the CA Consumer Protection Laws…

        http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=bpc&codebody=&hits=20

      • HammerTime says:

        It is a tangled web. Need to review in more detail. Here are sections I thought may apply. Need to understand more about how instrument is defined. Are signature “loopholes” cancelled out in sections dealing w/ fraud etc?

        In my case thinking of demand letter of amount paid for total of 3 payments when I asked for modification from outset of loan on minimal end. Seems like can go to amount of loan (instrument?) plus fees, losses etc. Then 3x loan if damages or major RESPA I believe.

        Potential fraudsters would be original lender, false or MERS official w/ no standing, and possible credit swap which may be evidenced in payment history.

        Just thinking out loud here for best approach once I make a move.

        Here are main excerpts I picked up on so far. Again needing to nail down definitions:
        __________________________________________________________________

        From http://www.leginfo.ca.gov/cgi-bin/displaycode?section=com&group=03001-04000&file=3401-3420

        (b) Transfer of an instrument, whether or not the transfer is a
        negotiation, vests in the transferee any right of the transferor to
        enforce the instrument, including any right as a holder in due
        course, but the transferee cannot acquire rights of a holder in due
        course by a transfer, directly or indirectly, from a holder in due
        course if the transferee engaged in fraud or illegality affecting the
        instrument.

        3405. (a) In this section:

        (b) For the purpose of determining the rights and liabilities of a
        person who, in good faith, pays an instrument or takes it for value
        or for collection, if an employer entrusted an employee with
        responsibility with respect to the instrument and the employee or a
        person acting in concert with the employee makes a fraudulent
        indorsement of the instrument, the indorsement is effective as the
        indorsement of the person to whom the instrument is payable if it is
        made in the name of that person. If the person paying the instrument
        or taking it for value or for collection fails to exercise ordinary
        care in paying or taking the instrument and that failure contributes
        to loss resulting from the fraud, the person bearing the loss may
        recover from the person failing to exercise ordinary care to the
        extent the failure to exercise ordinary care contributed to the loss.
        (c) Under subdivision (b), an indorsement is made in the name of
        the person to whom an instrument is payable if (1) it is made in a
        name substantially similar to the name of that person or (2) the
        instrument, whether or not indorsed, is deposited in a depositary
        bank to an account in a name substantially similar to the name of
        that person.

        3416. (a) A person who transfers an instrument for consideration
        warrants all of the following to the transferee and, if the transfer
        is by indorsement, to any subsequent transferee:
        (1) The warrantor is a person entitled to enforce the instrument.
        (2) All signatures on the instrument are authentic and authorized.
        (3) The instrument has not been altered.
        (4) The instrument is not subject to a defense or claim in
        recoupment of any party which can be asserted against the warrantor.
        (5) The warrantor has no knowledge of any insolvency proceeding
        commenced with respect to the maker or acceptor or, in the case of an
        unaccepted draft, the drawer.
        (6) If the instrument is a demand draft, creation of the
        instrument according to the terms on its face was authorized by the
        person identified as drawer.
        (b) A person to whom the warranties under subdivision (a) are made
        and who took the instrument in good faith may recover from the
        warrantor as damages for breach of warranty an amount equal to the
        loss suffered as a result of the breach, but not more than the amount
        of the instrument plus expenses and loss of interest incurred as a
        result of the breach.
        (c) The warranties stated in subdivision (a) cannot be disclaimed
        with respect to checks. Unless notice of a claim for breach of
        warranty is given to the warrantor within 30 days after the claimant
        has reason to know of the breach and the identity of the warrantor,
        the liability of the warrantor under subdivision (b) is discharged to
        the extent of any loss caused by the delay in giving notice of the
        claim.
        (d) A cause of action for breach of warranty under this section
        accrues when the claimant has reason to know of the breach.
        (e) If the warranty in paragraph (6) of subdivision (a) is not
        given by a transferor under applicable conflict of law rules, then
        the warranty is not given to that transferor when that transferor is
        a transferee.

      • Tim Bryant says:

        Great article!!!

      • Great article. I’ve been searching for the location of two notes for three years now and have no results other than a PSA that “may” be the correct one ;o( Thanks Hammer!

      • marilyn lane says:

        HammerTime, Tim Bryant or anyone with this knowledge

        I have read that when an individual Grantor transfers the property, they have to bring proof of their identification to the table.
        I realized that when the Strawbuyer’ Fang Li’ conveyed her forged title to the next fraudster she might had used my social security number. I have become aware that she used my social security number as her means of identifying herself on a 1099 form when she went to the motor vechicle department for a license.

        Is there a way to see if she had used my social security number when she transfered her forged deed?

      • Tim Bryant says:

        They must show a form of identification to the Notary. The notarization must show what they used as the form of iD, i.e. drivers license.

      • HammerTime says:

        Marilyn – only thing I can think of is check with title co if one is involved? If notarized could check on notary record perhaps.

  29. Tim Bryant says:

    Good news for Florida residents….the Sun Sentinel reports foreclosures are losing their sales appeal. I am sure a lot of that is from everyone getting the word out about the fraudulent practices. Keep up the pressure !!!

    http://www.sun-sentinel.com/business/realestate/fl-realty-trac-quarter-one-20110525,0,2161579.story

  30. HammerTime says:

    Anyone ever see sale “taken off calendar” of trustee web site. No notification at all. What is significance? Does clock start over again? In CA.

    • Kay says:

      Ours has been removed every month since September 2010. The one for June we did not get a 30 day notice and was told they didn’t have to because we knew from previous notices. I am in GA.

      Received a call from Sheriff’s office wanting to see our “evidence” of fraud, they said they will investigate and if they find fraud they will turn it over to district attorney and GBI.

      Will keep y’all posted on updates.

      • HammerTime says:

        Here in CA they usually note postponed and set new date for next month. Will try to nail down further.

        I’m about to send copies of QWR to AG Harris and other local officials. Starting major task force on all aspects of mortgage fraud.

        Good luck!

    • Readdocs says:

      Utah has had enough of Bank of American

      Utah Has Had Enough: BofA / CFC Foreclosures

      http://market-ticker.org/akcs-www?post=186895

      ” ReconTrust Co. isn’t meeting requirements for carrying out foreclosures in the state, Utah Attorney General Mark Shurtleffsaid in a letter to Bank of America Chief Executive Officer Brian Moynihan. The letter, dated May 19, was released today by Shurtleff’s office.

      “All real estate foreclosures conducted by ReconTrust in the state of Utah are not in compliance with Utah’s statutes, and are hence illegal,” Shurtleff wrote.”

      • Nongkoashie says:

        IS THIS APPLICABLE TO CALIFORNIA ALSO?

      • more and more lies says:

        and floridah oh we have rick scott and pam bondi guarding the henhouse. the banks must have been LARGE contributors to their compaigns. otherwise why would they bith have not done anything to help floridains yet. we are failling and cant get up. we are being scammed right and left by all the banks. yet the rape dontinuees. as each city and county receive less and less money due to lower property values no one wants to step in and there is never and media coverage about why this is happening on our tampa bay networks. they anounce they are cuttung 500 teachers from pasco school ststem, and they are going to closes youth parks. but still no one will come to ur rescue. recapping what we know…… robosigning, appraisal fraud, modification fraud, and fraud upon the courts. we have chief judges leaving to go work for the banks. yet the rape of our equity continues. what happens now to all our money that was suppose to help us when we retire. we made the decision to put 20% down to invest in our home and invest in our future. we did not know 5yrs later we would be facing foreclosure.

      • Readdocs says:

        This state law in Utah, applies only to Utah.

      • marilyn lane says:

        all kind of tricks going on. Read the whole article at MSNBC.com

        Search ..Advertise | AdChoices
        Bill would let appraisers ’round up’ home values
        Lawmakers seek legal way to fight effects of distressed property sales
        Below:

        x Jump to discussion comments below
        .discussion

        x Latest market data DJIA +38.45 Stock search
        related

        .Advertise | AdChoices. David McNew / Getty Images
        At the urging of such shell-shocked homeowners and real estate agents, lawmakers in four states sponsored bills this year that would direct appraisers to exclude distressed sales when they determine how much a house is worth. By Martha C. White
        msnbc.com contributor msnbc.com contributor
        updated 5/25/2011 7:15:27 AM ET 2011-05-25T11:15:27
        Share Print Font: +-Pity the poor Nevada homeowner. With home prices tumbling there at perhaps the fastest rate in the nation, it has become nearly impossible to get a handle on how much a home is worth. Why? Because appraisers, who base home values on comparable sales, have to depend on the plummeting target of “distressed” property sales that dominate in the state.

        Nevada state Sen. Mike Schneider is trying to fight back with proposed legislation that aims to set a floor under prices, which have fallen well over 50 percent on average in the Las Vegas area over the past five years. A few months ago, he sponsored a bill proposing a radical new mandate for appraisers: Stop paying attention to those “distressed” sales. Legislators in other states and industry executives are watching closely

  31. Brenda Largent says:

    I have discovered that on our Notice of right to cancel That our signatures have been forged. does everything become reversed. Is the REMEDY DESCRIBED IN THE DOCUMENT ITSELF.

    • Tim Bryant says:

      If you signatures have been forged, the timeline for the right to cancel is “tolled” from when you first discovered it.

      • marilyn lane says:

        Tim
        If you buy what turns out to be a Forged Picasso, how long would it take for that Picasso to become good. ? A Forgery is never good.

        A Forged Deed Conveys no title. There are no latches to a Forgery. Where ever that Forgery occured in the Chain of Title the buyers from then on got nothing. The purpose of a Title Search. is to verify that the grantor of the Deed really owns the property. Title insurers have to due dilegence to discover and devulge. Fidelitiy National Title was not doing that 100% They knowingly insured Forged Deeds. If the title companies did due diligence Mers and all those issues would have been out in the open years ago.

        The true owner still owns that property.

        Your ROD needs another job since he bought the story that the Title companies are pushing – time makes a forgery good.

      • Tim Bryant says:

        I only applied the RTC timelines. The criminal and/or liability aspect was not addressed. I thought she was wondering what the remedy was under the terms of the document itself. Your point is well taken, though.

      • marilyn lane says:

        Tim

        What is the definition of FORGERY?
        The Black’s Law, American College, and Random House dictionaries along with the court citations below define FORGERY as:

        The making, drawing, or altering a document with the intent to defraud. A signature made without the person knowing of or consenting to it.

        The law and the courts say:

        The Modern Penal Code (MPC sec. 224.1) states that a person is guilty of forgery if:
        a) a actor or person alters any writing of any person,
        b) makes, completes, executes, authenticates, issues, or transfers any writing so that it purports to be an act of another who did not authorize the act or to have been at the time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when no such original existed; or
        c) utters any writing which he knows to be forged.

        A person cannot acquire bona fide purchaser status, if one of the links in the chain of title is a forger

        Tim, what does RTC mean?

      • Tim Bryant says:

        RTC= Right to Cancel, also called Right to Rescind.

        Marilyn,

        You are correct on every point. The problem with addressing this in court, is that you would really want a Questioned Document Examiner (QDE) to attest to the documents. His weight holds much more in court than a homeowners. There are many ways to detect a falsified document. If you want to learn more, I can send you links to the basics. Some, you can do on your own (but you cannot testify to what you find, since you would not be considered an expert). It is possible to discover if 2 documents came from the same printer. A QDE could even tell you the type of printer and the ink used. I am very surprised that they have not been used more in court.

      • Tim Bryant says:

        http://en.wikipedia.org/wiki/Questioned_document_examination

        This will explain, basically, how QDE works.

      • marilyn lane says:

        Tim

        I had all the documention to prove the deeds were forged upon void ab initio judgments but all that interested Judge Alice Schlesinger of NYSC was the” equity” that Fidelity National Title and Coronet Title had for her was real not counterfeit.

        No one has heard the last of me yet, unless they find me in the river.

      • Tim Bryant says:

        Marilyn,

        The object is for THEM to be found in the river…..LOL

      • marilyn lane says:

        All the people rushing to buy foreclosed property are most likely not getting good title and then the legislators will be looking to change Title Law and the law about Land Records. Fidelity National Title (remember them – parent company of Lender Process System -LPPS DOCX) probably has a hand in this.
        read this article too on MSNBC.com
        ..Real estate on msnbc.com Search ..Advertise | AdChoices
        Sales of foreclosed homes ‘astronomically high’ in first quarter

        :

      • Tim Bryant says:

        Marilyn,

        If you go to Vegasinc.com, there is an article about the newest fraud in the housing market, Title Insurance fraud. Las Vegas homeowners are suing.

  32. Tim Bryant says:

    Am I the only one getting sick of the media saying entitlements are destroying our country? How quickly they forgot about the largest entitlement plan ever conceived in US history, TARP and the bailouts. This just pisses me off to no end.

    • HammerTime says:

      Same here, Sad to say it’s been a divide and conquer tactic that has mostly worked. Seems people are catching on. Kamala Harris going all out on all aspects of mortgage fraud in Cali!

      “California Atty. Gen. Kamala Harris, saying that years of unscrupulous lending still haunts the state, is creating a 25-person task force to target mortgage fraud of any size — from small operations that preyed on troubled borrowers to corporations that sold risky loans as safe investments.”

      http://www.latimes.com/business/la-fi-mortgage-fraud-20110523,0,1196882.story

      • Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp) says:

        Just remember that Kamala’s predecessor Jerry is now the ‘govenator Moonbeam’. Jerry is beholden to the banking industry. His ‘AG MOD deal’ with CountryWide while his sister worked at CountryWide and then BofA was a fraud on all CW borrowers. Sister Kathleen is now in Goldman-Sucks management.

        Kamala, I’ll believe it when I see it.

      • HammerTime says:

        Good info. On surface seems to be one of the first public acknowledgments that it’s not simply a “housing”/”greedy homeowner” problem or a natural disaster. As always we have to keep questioning and pressuring. Sure she’s a politician like the rest but my bet is this is the smart move and anyone that ignores it including President Obama can pay though the GOP has NO answers and is completely bought out.

    • Tim Bryant says:

      Geez, just found out Timothy Geithner is the managing trustee of Social Security and Medicare. Does anyone else have the strange suspicion that some of that money went to Wall Street?

      • Tim Bryant says:

        Signatories to the Trustees Reports
        Who is on the Board of Trustees?
        The table below shows the signatories to Trustees Reports (Board members and the Secretary to the Board), ordered by the year the reports were issued.

        The Board of Trustees currently consists of 6 members, 4 of whom automatically serve by virtue of their positions in the Federal Government. These 4 are the
        Secretary of the Treasury (the Managing Trustee),
        Secretary of Labor,
        Secretary of Health and Human Services, and
        Commissioner of Social Security
        The other 2 members are appointed by the President and confirmed by the Senate. These 2 members serve 4-year terms.
        Signatories of the Old-age, Survivors, and Disability Insurance Trustees Reports, 1945 and later
        Year
        report
        issued Name Position
        2011 Timothy F. Geithner Secretary of the Treasury, and Managing Trustee of the Trust Funds
        Hilda L. Solis Secretary of Labor, and Trustee
        Kathleen Sebelius Secretary of Health and Human Services, and Trustee
        Michael J. Astrue Commissioner of Social Security, and Trustee
        Charles P. Blahous III Trustee
        Robert D. Reischauer Trustee
        Carolyn W. Colvin Deputy Commissioner, of Social Security, and Secretary, Board of Trustees

      • Tim Bryant says:

        $2 trillion of the trusts assets are wrapped up in “US Securities”….i.e. our homes.

    • marilyn lane says:

      You have to be up 24/7 just to keep track of all the scams going on.

  33. I thank everyone who took it upon themselves to attack that which they did not understand. A proper reading of my post should have been taken as an exhortation toward an in depth study of RE law in your respective states. Why is it so convenient to read a half sentence and then respond as though you read its entirety? The post does not say that there is no title to land. It said ” in the sense of a “title for a car”. If anyone who responded in the negative will please present your “house title” to the group we can all share the amusement. There is no such animal. You may have a deed as evidence of title but not a “title” in the sense of a automaotive title. “Pearls”
    BTW Has anyone read the Taibbi article in May issue of Rolling Stone?

    • Tim Bryant says:

      If you wanted to get your point across correctly, you should have said “physical title” as in a car. Everyone bashed you because you traveled down a different road, on your accord. Whoever, taught you needs to realize that their are 2 types of land claims, Title-theory state claims, and Lien-theory state claims. He also neglected to instruct you that almost every state is different in regards to Real Property law. A deed is only a claim as good as the validity it holds, which is exactly the same as a car. A car title does not represent ownership. It is in effect a deed for your car. If you owe on your car, you still have the title to it. This does not mean you own it free and clear of encumbrances. Whoever instructed you must not be familiar with how property is transferred, especially when it is bundled, sold, securitized, assigned, issued, deposited, guaranteed, warranteed, bifurcated, trifurcated, and my favorite…”only holding legal title” as nominee. Ask him to explain those legal theories to you.

      • marilyn lane says:

        If there is an Obvious Gap in the Chain of Title , why aren’t the registrars at the land records correcting it automatically so that the records reflect the true owners?

      • Tim, You indeed have a knack for addressing issues that have not been raised. You also respond on behalf of all of the board without their express agreement. And, at least in Nevada, you are mistaken about the ownership of an auto prior to one’s satisfaction of the encumbrance. You need not respond again but may be induced to believe that Land Title is in fact a “legal construct” regardless of the state. Here are the words from a legal issues web site. http://www.ehow.com/how-does_4646950_property-title-work.html
        The original post was clear to anyone with a basic understanding of the English language who is not caffeinated to the point of distraction. Thank you for the suggestion as to clarifying it for the intended audience. From this point I will speakkk sloooly! :o)

      • Tim Bryant says:

        Marilyn,

        My ROD in Hampden County MA states that they just are record keepers, and the courts are responsible for showing true ownership. While I find this very lame, it is their stance. Our states RODs are going after MERS to correct the records, though. It is more than I can say for many other states, so I must give them a pass on this one.

      • Tim Bryant says:

        John,

        I am not arguing with you. You reiterated what I was saying, all states are different (including title to a car…LOL). Nobody’s statements here represent everybody’s, including mine. We are just trying to keep people from getting a false sense of security. I would even compound your claims, which you have now reiterated. Title is not a physical object, and in fact, is subjective. I would compound what you said previously, and add that title is only as good as the judicial system merits it, regardless of how good or bad it is. Many states such as FL have been abused in this aspect by judges with their own motivations, either judicial activism, corruption, getting a job with the foreclosure mills, etc. I think after we have both clarified ourselves, we are on the same page. No offense was intended, just caution. Sorry, bro.

    • marilyn lane says:

      i am truly sorry John and Colleen McCormick that I doubted your allegience to our cause of getting the banksters, title companies, and wall street racketeers exposed and indicted

      .I have not gotten to read your case on Pacer yet but researching Title 12 & 15 of USC I know where you are coming from.

      You and I were ahead of the curve . I went into District Court (southern District of New York)upon Federal Questions. 1. Can a Bank create money in direct prohibition of Art. 1 Para 10 Cl 1 of the US Constituiton.
      2. Can a bank ignore the Federally mandated 30 day Notice?

      The laws are there but the Judges don’t want to follow them. The Constitution gave our Judges their jobs. They want the Constitution to work for them but not for us. The racketeers are running the Government and the Courts.

      What happened to your property and your life?

      • Thank you Tim and Marilyn! i pray that i didn’t sound too defensive (snotty) answering your objections. It’s true that the post could have been better stated. And, if my “case” were better stated maybe it would have gone forward.
        i started reading law as an amateur undertaking in 1968. About 1993 I took a position as a union (NALC) steward and became more familiar with the workings of the law.
        At present I am finishing reading a great book that addresses the reasons for our present difficulty and offers a solution. See “Web of Debt ” by Ellen Brown JD

        http://www.webofdebt.com/

  34. Katheryn says:

    Tim

    My 341 meeting is June 2 and I’m sure BoA will have filed a motion to lift stay. I’m working on my ‘prove standing’ motion but I’m confused. Our home was new; Ryan Homes was the seller and the title went as follows:

    NVR/MERS sold loan to CW as soon as we closed. (NVR owns Ryan Homes or vise versa)
    CW became BoA shortly thereafter.
    Refinanced with BoA.
    Received letter from Fannie Mae that they now own loan.
    Satisfaction of mortgage prepared by Recon Trust, signed and notarized by Rodisha Higgins, Assnt. Vice Sec. and notarized in Marcopia Arizona.
    New loan with BoA filed in county records. Interesting note: on the closing instructions to the title agent; MRC was listed as the beneficiary account? Never heard of them until I did some research. Don’t know how they came in as a beneficiary and the forensic loan auditor didn’t know either nor what it meant???

    There is no help in Delaware, however, in my surfing for information, one site had a list of foreclosure defense law firms who handles these cases. Just a warning to everyone, be careful. I emailed him with a brief description of my case and asked if I could pay he for some guidance. He wrote back a one sentence reply;
    BOA is my CLIENT and that would pose a conflict of interest. I can’t turn up any case law for Delaware. Trevino is the only case that remotely might be of help.

    I plan to challenge legal standing in response to their motion to lift stay but I’m also thinking that there is a Quiet Title action based on the first loan never really being satisfied as MERS as no legal standing to render a payoff satisfaction. What are your thoughts on sticking strictly with the ‘prove standing’ for the first go around and where do I start the challenge…..from an improper chain from the get go or just go from the Refi with BoA. Oh Yea, I got a letter from another law firm now who claim they represent BAC FKA Countrywide on the foreclosure notice. In April I received a letter from a law firm referencing they represent BoA? That letter was in response to my two QWR’s where I mentioned based on the violations I found and my forensic loan review, I may be seeking a rescission of the refi. Their letter stated I had no grounds and my written request for a rescission dated Feb. 18 was herein denied. If you or anyone on this blog have any advice, I really need it. Thanks all.

    • Tim Bryant says:

      Marilyn,

      What does it say MRC stands for?

      • Katheryn says:

        Tim & Marilyn,

        Here is a little snipet I found about MRC:

        The payoff statement shows that wired funds are to be sent to X bank for further credit to Y lender. If Y lender is different than the lender providing the refinance loan then it is not a refinance with the same lender. We have found this in Bank of America/Countrywide refinances. The Countrywide payoff statements instruct the settlement agent to wire the funds Bank of America and to further credit MRC. MRC is MMA Realty Capital. They are an investment firm. According to our research, MRC is the current lender, not Countrywide. Countrywide appears to be servicing the loan for MRC. This would not qualify for a refinance with the same lender exemption

        Since MRC was not disclosed anywhere but on the title agents closing insructions, I would think that this would violate disclosure under RESPA or TILA somewhere. I have to search this.

        It is interesting that I have not seen MRC come up in any of the blogs but I would bet that they are involved in a lot of these countrwide BofA loans. From my research so far, I think MRC is the servicer for the trust funds? But then I’m confused where does Fannie Mae come in. They are the owner of the loan so they tell me. Each and every transaction is constructed like a road with a dead end or it justs brings you right back to where you started from. They are indeed very clever! They are experts at keeping anyone trying to defend in a constant state of confustion which is part of their srategy. I am very fearful that I am going to end up sounding like a complete idiot in front of the judge and we already know that Delware does not want to mess with companies because they all incorporate here. Not much chance….but I’ll give it my best shot.

      • marilyn lane says:

        Tim
        I am not sure but maybe it could mean Monthly Recurring Charges
        That is a guess.

      • Tim Bryant says:

        Mortgage Records Concocted?

    • Katheryn says:

      Forget I asked. Thought it might also be helpful for someone else with similar circumstances. I was under the misconception that this site was to help share info not to play acronym triva. My bad. I would remove the post if I could.

      • Tim Bryant says:

        Kathryn,

        We are looking at this. MRC is a company that has not been addressed, so you can’t jump to conclusions as to what role they played in your deal. This is not a law office, so if you need answers immediately, you can pay $250/ hr for it.

        It appears MRC was POSSIBLY the true party of interest in your mortgage, as they obviously had a pre-existing deal in place for your loan. I say possibly, because it may have already been sold before you signed your loan at closing. You need to send a Qualified Written Request to MMA under RESPA and TILA as to the chain of title from you to the current holder(s) of the note and mortgage.

        http://www.mmarealtycapital.com/

        MMA Realty Capital (MRC) provides market rate multifamily and commercial financings as well as real estate investment management services, originating investments for both institutional investors and for its own account.

        MRC is composed of 2 distinct business units that work in concert to provide real estate products and investments to both our developer/owner customers and our institutional investor customers:

        Investment Management – we manage high yield debt funds and whole loan individual accounts in both the commercial and multifamily space; and
        Proprietary Investing – utilizes parent (MMA) company’s $3 billion balance sheet to provide custom tailored capital solutions for both our developer and investor customers (across all asset classes).
        Our longstanding institutional capital relationships, combined with the strength and flexibility of MMA’s balance sheet, allows us to originate custom tailored capital solutions for developers and owners of real estate nationwide. Our willingness to take down deals with our own capital gives our borrower customers certainty of closing and our investor customers the comfort that we are making prudent investments.

        We operate under the belief that by providing a wide array of capital products to our developer/owner customers, we generate a higher volume of investment products for our investor clients. Conversely, by providing more investment opportunities to our investor clients, we lower the overall cost of capital that we can deliver through to our developer/owner customers. This creates a virtuous circle that continues to drive the growth of our business.

  35. From what I’ve read so far it seems as though many people are confused about the terms and theory of land ownership. The people who instructed me concerning ownership made clear the fact that there is no such thing as a “title” for property in the sense of “title” for a car. They said that our claim to ownership of real estate is only that. A claim.
    There have been attempts to change the system to a “titled” system but all have failed to materialize.
    The “deed” they said, was only an evidence of ownership, totally dependent upon our ability to defend our claim.
    The form of deed is important they said, but only as it affects our “claim”. There is a wealth of information on the web about land acquisition and ownership claims. We would all be well advised to study the types and effect of the documents evidencing our claims!

    • marilyn lane says:

      John McCormick
      What is your occupation now?
      Have you ever been employed by a Bank?

      • marilyn, this is who I am. The case went on for months and you can read its entirety on PACER. In the long run the judge threw it out of court without reading it. The banks never answered it but instead attacked it on form. It is Pro Per
        UNITED STATES DISTRICT COURT
        DISTRICT OF NEVADA

        John and Colleen McCormick
        Plaintiffs,
        vs.
        EXECUTIVE TRUSTEE SERVICES, Rosalie Solano,
        HOMECOMINGS FINANCIAL, Elizabeth Cappuccio,
        MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,
        Cindy Sandoval,
        GMAC MORTGAGE CORPORATION, Michael Carpenter,
        RESIDENTIAL CAPITAL CORPORATION,
        David A. Marple,
        John and Jane Doe. One through fifty
        Defendants )

        Case No.: 2:09-cv-02331-JCM-PAL

        COMPLAINT PURSUANT TO TITLE 12 CHAPTER 27 et seq. AND TITLE 15 USC §1601 et seq. OF THE UNITED STATES CODE
        Amended Complaint

        Demand for jury trial

      • Tim Bryant says:

        John,

        GMAC was (and still is in the form of Ally), owned by the United States Government. Can you readdress the issue using a violation of the Takings Clause? Also, they have a contract under TARP. This is a legally enforceable contract to which you are a beneficiary. You can also look into the “Tucker Act”. Then there is a challenge to the constitutionality of TARP itself. If the United States taxpayers are “shareholders” under TARP, as all the elected officials claim, how can you be foreclosed on without “piercing the veil” and opening up the government to be jointly and severally responsible, under the TARP language? I know for a fact, that under TARP, MERS was directed to be removed from all records showing they had any interest in the loans. If GMAC was the lender, then the US government was the trustee for the investors, the taxpayers.

        This was be a perfect case to bring to the US SJC. It would sort out a lot of this mess, and send a chill down every TARP recipients spine (and Timothy Geithner’s). Can your attorney petition the court still?

        I’ll see if I can find GMAC’s TARP agreement online.

      • Tim Bryant says:

        And don’t forget, TARP’s enforcement provisions were ignored by Treasury. SigTARP made a scathing review of this matter to Congress. In essence, surmising, Treasury put enforcement provisions in TARP which they had no intention of acting upon. This makes TARP questionable at best, as because of Treasury, there is a failure of consideration to the contract. This directly affects you. Just a thought.

    • Tim Bryant says:

      There is definitely Title to property, that is why you have Title Insurance, which BTW is worthless in the case of a fraudulent foreclosure. Whoever told you there is no such thing, is either a college professor who is imposing his own version of Wonderland, or somebody trying to sell you a foreclosure.

      If you still believe that, try arguing it in court, and see where that gets you…

      • Tim Bryant says:

        Maybe you are getting confused with “legal title” which MERS claims. There is no such thing in their case because they hold no interest in the transaction.

      • marilyn lane says:

        Too me John McCormick says some things that seem out of the box. Does he believe those things or his he trying to sway in another direction.

      • Tim Bryant says:

        Marilyn,

        I share your same concerns.

      • l vent says:

        Tim, isn’t the deed the title to the house? It was conveyed to us at Origination. Then they are supposed to attach their lien to that deed to secure the collateral lien A/K/A the debt for themseles. That is how my county recorders office explained it to me. She told me under no uncertain terms that my house is paid for because of their lack of due dillligence in recording a lien in 19+ years. She told me the statute of limitations is 12 years for them and because of that she told me I could live in my home , sell it or do whatever I would like with it. . An ex-loan officer from a failed bank that I know told us yes, it there is a 12 year statute of limitations that is true, they have 12 years to record and assignment. Even that seems a ridiculous amount of time to give them to perfect a lien. What would we do if we were owed a debt That is exactly it, the debt was fraudulently created, it was all only a mere speculation that you would pay. Then a second bankster came along and you know the rest. I had an attorney tell me the title insurance attached to that deed is more important than that deed. It insures your deed to be true. The pretender lenders on the other hand have alot of nothing but fraud and false claims. They have no orignal notes or mortgages, no clear chain of title and no deed with their name inserted in the deed. The deception is as rampant as the fraud. Time to start dropping subpoenas on some of the fake bank ass vp’s and fake notaries on our notes and allonges. I have had enough of the b.s. from all of these fannie/freddie trolls, they are evil liars.

      • l vent says:

        The title search I had done by an attorney pulled up no Origination on title. No mortgage was ever recorded for 14 years. There is no collateral lien, anywhere that they can enforce legally. Then I have a $40,000 lien from the home builder recorded a year after the mechanics lien was paid by the second bankster on the title search. They are all cohorts. They even had the nerve to record a $20,000 business loan from the early 2000’s that was paid off years ago as a mortgage and the last party to have the note before I re-fied, I never had a mortgage with that bank. NO ASSIGNMENTS recorded, either. They have a release by MERS in ’07 but according to MERS, my loan is still active in MERS as of last fall. They have MERS conveying a release to me and then a fake mortgage that never existed recorded at the ROD office. .

      • l vent says:

        I forgot to mention I have a pretender lender trying to fraudclose with me on MERS in the fraudclosure complaint. Thank God for this website and its links. The truth is out there and it is really in plain sight.

      • Tim Bryant says:

        I vent,

        The Deed represents the Title as you state. To be “legal” it must be conveyed properly, or the chain is broken. Your recorder explained it perfectly. The last person with a serious claim would be the last person holding a properly conveyed deed, in a broken chain issue. This is very important for anyone even contemplating buying a foreclosed property. (On a side note, you have to be nuts to do this in light of all we now know). I have, hopefully, a peculiar situation in that the deed was not properly conveyed TO me when I bought my house. It has since continued to be broken. When I go to court, AS PLAINTIFF, I have to unscramble this mess. Technically, my mortgage and deed, were never legally valid. You can see why I am irate about all this mess, and want to help others. Nobody should be in my position, EVER.

        Mr McCormack needs to hit the books again, because he is so mistaken. Title is your claim to ownership, as the Deed is only as good as the title it conveyed. States vary with Statute of Limitations. In many, there is a waiting period BEFORE you can go for quiet title. You can, however, go after the sellers of the property, especially if it was a warranty deed. The warranty covenants demand the seller to defend against encumbrances to the Warranty Deed.

      • l vent says:

        Hi Tim. On title and at the recorders office I have the deed conveyed to my husband and myself by the builder of our home at Origination with now Origination to the loan on title. I think this is why they want us to sell the house. They have to create a new chain of title through us because they never perfected a collateral lien in 19+ years.

      • l vent says:

        Sorry, I meant to say no origination on title. No Original named lender. I have a friend who re-fied through the same failed bank when we did and has the same mortgage servicer. He told them he was going to walk away from the house and retire to the Bahamas. They told him NO!!! You can’t do that, you have to sell your home first!!! HA!! GOTCHA!!!!

      • l vent says:

        Chris Whalen said it in his Bloomberg video, the lien holder/trustee’s name has to be inserted in the deed for them to have standing. It is not. They never did their due dilligence. I have allonges to notes with fictitious bank v.p’s and asst. bank vp’s. Can you say SUBPOENA?????

      • Tim Bryant says:

        Under UCC, each party that had a beneficial interest must endorse any negotiable instrument. So, for instance, if your loan was securitized, the lender, MERS, seller, depositor, issuer, and trustee must all endorse the note along the chain of ownership. That is why most assignments by MERS are bogus. MERS cannot hold “legal title” ad infinitum regardless of who owns the note. Only the principle can create agency, not the agent. MERS must show that each entity assigned the mortgage to MERS. Again, there must be endorsements. Since we all know MERS is not a real company, and the “members” are acting as MERS employees, they don’t check endorsements.

  36. Readdocs says:

    If you pay cash for a foreclosed property, and you recieve a warranty deed several months later, is there a problem with the title? Wouldn’t you expect the Deed of Trust in paying the full amount with cash?
    And where is the original deed of trust in a situation like this?

    • Tim Bryant says:

      If you read the landmark MA case “In Re: Ibanez”, and the soon to follow landmark “In Re: Rodriguez, if you foreclose on a property illegally, or buy an illegally foreclosed upon home, you won’t be given title. In fact, the previous owner has a claim to get it back. We are a strict title theory state. That means these BS assignments are breaking the chains of title, preventing ANY future person from getting clear and free title. In Rodriguez, the court is now deciding who is responsible to fix it. Keep your eyes peeled for that one…

      • marilyn lane says:

        I am in New York , a title theory state. Wait till you see what happens when the Title Companies come in like Fidelity National Title and someone who calls himself Coronet Title who don’t want to Indemnify the Forged deeds (from fraudulent foreclosures) that the title companies knowingly insured but thought the true owner would not return to fight.

      • marilyn lane says:

        Rather than Indemnify the title companies PAY OFF THE jUDGE like they paid a bribe to Judge Alice Schlesinger of New York Supreme.

      • Readdocs says:

        That’s one thing I’m wondering about, how many times now have the title companies indemified a forged title? Don’t you need the Deed of Trust to indemify, Or are they doing this with a Warranty Deed?

      • marilyn lane says:

        to Tim Bryant
        Here in New York I hold the Title and the Bank holds a lien,.So I have to make a correction.
        So New York would be a lien state?

      • Tim Bryant says:

        I must say that for all the bads we have seen, it appears our courts here in MA were one of the 1st to catch on to all this mess. They have recently been siding for the homeowners, unless the homeowner’s attorney did not give a proper argument. Our Registers of Deeds are going after MERS for losses (now all of them are), Bristol County wants to sue MERS for torts, etc.

        If our Atty General would join the band-wagon, instead of worrying about campaign contributions, we could move on from all the chain of title issues and move on.

    • Readdocs says:

      If you possess the title, to property, and the bank has a lien on it….doesn’t that make it an unsecured
      loan? If you’ve got title, then the bank who has the loan cannot foreclose. Can the state garnish your wages for suck liens?

      • marilyn lane says:

        To readdocs says:
        In my case the bank( Astoria Federal S & L /Successor in Interest to Fidelity NY FSB )had gotten rid of their corrupt debt collector attorneys and had new attorneys who looked at the dates of the judgments and knew those judgments were void ab initio since they were state court judgments and on the dates they were issued my case was in the federal court and under federal jurisdiction.
        ….the bank knowing they auctioned off two properties they didn’t own said “Its Indemnify Indemnify Indemnify We are stepping aside and the Title companies are stepping in.

        Fidelity National Title and someone called Coronet Title stepped in and did not want to indemnify but wanted to be Intervenors instead and be heard and what they told the court is time makes forged deeds good. Rather than indemnify their clients., they chose to pay the judge to rule against the law.

        Everything was in the court records so when title companies do a search they saw everything.

        I wrote a simple letter to Wm P Foley CEO of Fidelity National Title “what went wrong at FNT that your New York attorney Frank P Malone finds himself fighting for a Forged Deed”

        And Fidelity’s answer to me was ” …It is Proper…”

        Now that we all know that Wm. P Foley was chairman of LPS DOCX you can see why he thinks
        Forgeries are good.

        How many more people are in these circumstances I don’t know. Hindsite tells me the banks original corrupt attorneys Mullooly Jeffrey Rooney and Flynn are friends with the guys at Fidelity National Title. So long before anyone knew of how saturated the foreclosures were with fraud,, the banks and title companies were doing it.

      • marilyn lane says:

        The trouble is the banksters, the attorneys, the title companies are all connected behind the scenes.
        But now that LPS DOCX, and Mers and Network Agreements and all the various frauds have come to the surface all the perpetrators are trying to run away.

        William P Foley the founder of Fidelity and all its subsidaries, as more fraud is exposed, keeps giving up his executive titles at all his companies. But he is the person the Feds should be investigating.
        He has caused more harm to more homeowners than all the banks combined.

      • Tim Bryant says:

        The lien “secures” the loan. You do not have free and clear title until the loan is paid off and there are no encumbrances. The bank can repossess the house as long as they maintain control of the lien. You are holding the collateral securing the mortgage. You do not own it ,per se , until you pay it off.

        Readdocs, you are getting confused between title and collateral. You possess the collateral, but do not hold title to the property, free and clear of encumbrances. If you do not live up to the “original mortgage” terms, the bank can foreclose on the collateral. When it gets dicey is when they sell the loans, or split up the “lender” obligations under the contract.

    • marilyn lane says:

      To Readdocs says
      I have to make a correction. I am in NY and I hold the title and the bank held the lien making this a lien state.

      The forged deeds the title companies knowing insured were Bargain and Sale Deeds., not Warranty Deeds

      • Readdocs says:

        Marilyn,
        So there’s forged documents on your property, that have been insured by a title company. Have you looked into suing the bonding company that represents the entities who have been forging documents?
        Since I’ve just been lately digging into this kind of stuff, I’m still trying to familiarize myself with the different types of documentation and what kinds of states there are when dealing with these kinds of
        legal problems.

  37. Tim Bryant says:

    This is good news. Commercial MBS defaults are rising. When businesses, who have much deeper pockets than us, start getting into the fray, it should be interesting….

    http://www.dsnews.com/articles/losses-piling-up-in-collateralized-debt-obligations-of-cre-loans-2011-05-16

  38. Tim Bryant says:

    Will this be the latest attempt to justify MERS?

    Court clerk lays off 170 county workers
    BY LISA DONOVAN Cook County Reporter/ldonovan@suntimes.com Feb 14, 2011 2:20PM

    Cook County Circuit Clerk Court Dorothy Brown’s office handed pink slips to 170 employees on Monday, part of the belt-tightening in county government as officials work to plug a half-billion deficit.

    Brown, whose office is the official record keeper of county court cases — from murders to foreclosure suis — didn’t say where the layoffs were happening.

    In a prepared statement, she did say: “This is a painful day for all of us at the Clerk’s Office,” Brown said. “We did what was requested, but it’s not without realizing that people are being laid off during a tough economic time. This lay off will put a high strain on the Clerk of the Circuit Court’s ability to perform its statutory and constitutional responsibilities.”

    Cook County Board President Toni Preckwinkle asked Brown and other county elected leaders to cut 16 percent. For the clerks office, that means slashing $12.4 million this year, according to Preckwinkle’s proposed $3.1 billion spending plan. Cook County commissioners have a Feb. 28 deadline to approve the final budget package.

    Preckwinkle said in her budget address earlier this month that layoffs could reach 2,000 in a payroll of 23,700 employees.

    • l vent says:

      Good ole Crook County. I watched a you tube video yesterday featuring a Crook County judge talking about fraudclosure. In his 11 minute video he spoke of how Crook County Il. has the highest fraduclosure rate in the nation. Funny you don’t hear that statistic on the local news here. He proceeded to talk about alot of blah,blah,blah. Like first thing you should do if you get served up a fraudclosure complaint is set up a mediation with the pretender lender through the Crook County courthouse. He failed to mention that these pretender lenders are a ruse and a sham and they have no legal right to fraudclose and they are stealing homes with no proof of standing or ownership. I asked for proof in my answer to the complaint. The fannie attorney came to court with no proof. What a sham. No title company could have ever legally insured their lien if the securitzation process never occurred. If they did not fulfill their own contract as PSA requires an unbroken chain of title which can only occur only in this order, Originator, to the sponsor to the depositor and to the trustee who becomes the beneficiary of the note on behalf of the investors? They never did this. That is the securitization. Mandelman said according to APX Title, the banks may own nothing. The title insurers have exited the business. There is noone to indemnify. Max Gardner said if an attorney ever finds a deal they did properly, that attorney should bronze that deal, and hang it on their wall. Chris Whalen talked about this in his Bloomberg interview entitled: FORECLOSUREGATE IS A CANCER . As far as the Warranty deed being recorded into a Trust Deed. I believe you can have an attorney do that for you and insure it.. The homes are paid for because of the Ponzi Scheme. They made trillions. There are no trusts, they don’t legally exist.

  39. Readdocs says:

    The banks win some, and the cities win some. So far our higher courts are deciding on the banks side.
    I guess the catastrophe needs to be undescribable and beyond repair.
    http://www.bloomberg.com/news/2011-05-12/foreclosures-prompt-four-u-s-cities-to-sue-banks-for-mowing-home-repairs.html

    Saying they’re sorry afterwards will be wasteful, when they could have stopped this before complete destruction.

  40. Readdocs says:

    Karl Denninger of Market Ticker has picked up the news about the Florida woman who has had her home broken into by bank thugs.

    http://market-ticker.org/akcs-www?post=186461

    I spoke to the mayor of our small town yesterday about the mortgage fraud nation wide scandal yesterday. She had not heard anything about it. I’m not sure she believed what I told her.

  41. Fury says:

    did you see these newly released photos of the Great Depression?
    they are so poignant. history is repeating itself because of bank and wall street shenanigans.
    we are living in the Greater Depression due to fraud.

    are we all going to have to move to Pie Town, NM and live in dugout homes because we have been robbed?

    http://www.dailymail.co.uk/news/article-1388179/Rare-Library-Congress-colour-photographs-Great-Depression.html

    • marilyn lane says:

      To Fury
      Even after getting Astoria Federal S & L /Successor in Interest to Fidelity NY FSB to state its Indemnify Indemnify Indemnify for selling my two NYC Condos they didn’t own (that took years of fighting) I was confronted by the fraud and corruption of Fidelity National Title , Coronet Title and the bribe the title attorneys paid to Judge Alice Schlesinger to claim their forged deeds carried rights Just like I am not giving up don’t you give up.

  42. Fury says:

    this isn’t a pressing issue in the scheme of things,
    but could someone tell us how how to add an avatar image instead of having the generic gray person?

    is it linked to facebook or something or is it a profile setting here?

  43. Tim Bryant says:

    Banks acting as agents of MERS…

    From the U.S. Code Online via GPO Access
    [www.gpoaccess.gov]
    [Laws in effect as of January 3, 2007]
    [CITE: 12USC374a]

    [Page 136]

    TITLE 12–BANKS AND BANKING

    CHAPTER 3–FEDERAL RESERVE SYSTEM

    SUBCHAPTER X–POWERS AND DUTIES OF MEMBER BANKS

    Sec. 374a. Acting as agent for nonbanking borrower in making
    loans on securities to dealers in stocks, bonds, etc.; penalties

    No member bank shall act as the medium or agent of any nonbanking
    corporation, partnership, association, business trust, or individual in
    making loans on the security of stocks, bonds, and other investment
    securities to brokers or dealers in stocks, bonds, and other investment
    securities. Every violation of this provision by any member bank shall
    be punishable by a fine of not more than $100 per day during the
    continuance of such violation; and such fine may be collected, by suit
    or otherwise, by the Federal reserve bank of the district in which such
    member bank is located.

    • Tim Bryant says:

      TITLE 15–COMMERCE AND TRADE

      CHAPTER 2A–SECURITIES AND TRUST INDENTURES

      SUBCHAPTER I–DOMESTIC SECURITIES

      Sec. 77q. Fraudulent interstate transactions

      (a) Use of interstate commerce for purpose of fraud or deceit

      It shall be unlawful for any person in the offer or sale of any
      securities or any security-based swap agreement (as defined in section
      206B of the Gramm-Leach-Bliley Act) by the use of any means or
      instruments of transportation or communication in interstate commerce or
      by use of the mails, directly or indirectly–
      (1) to employ any device, scheme, or artifice to defraud, or
      (2) to obtain money or property by means of any untrue statement
      of a material fact or any omission to state a material fact
      necessary in order to make the statements made, in light of the
      circumstances under which they were made, not misleading; or
      (3) to engage in any transaction, practice, or course of
      business which operates or would operate as a fraud or deceit upon
      the purchaser.

      • Tim Bryant says:

        TITLE 15–COMMERCE AND TRADE

        CHAPTER 22–TRADEMARKS

        SUBCHAPTER I–THE PRINCIPAL REGISTER

        Sec. 1055. Use by related companies affecting validity and
        registration

        Where a registered mark or a mark sought to be registered is or may
        be used legitimately by related companies, such use shall inure to the
        benefit of the registrant or applicant for registration, and such use
        shall not affect the validity of such mark or of its registration,
        provided such mark is not used in such manner as to deceive the public.
        If first use of a mark by a person is controlled by the registrant or
        applicant for registration of the mark with respect to the nature and
        quality of the goods or services, such first use shall inure to the
        benefit of the registrant or applicant, as the case may be.

  44. Tim Bryant says:

    From the U.S. Code Online via GPO Access
    [www.gpoaccess.gov]
    [Laws in effect as of January 3, 2007]
    [CITE: 12USC371c-1]

    [Page 133-134]

    TITLE 12–BANKS AND BANKING

    CHAPTER 3–FEDERAL RESERVE SYSTEM

    SUBCHAPTER X–POWERS AND DUTIES OF MEMBER BANKS

    Sec. 371c-1. Restrictions on transactions with affiliates

    (a) In general

    (1) Terms

    A member bank and its subsidiaries may engage in any of the
    transactions described in paragraph (2) only–
    (A) on terms and under circumstances, including credit
    standards, that are substantially the same, or at least as
    favorable to such bank or its subsidiary, as those prevailing at
    the time for comparable transactions with or involving other
    nonaffiliated companies, or
    (B) in the absence of comparable transactions, on terms and
    under circumstances, including credit standards, that in good
    faith would be offered to, or would apply to, nonaffiliated
    companies.

    (2) Transactions covered

    Paragraph (1) applies to the following:
    (A) Any covered transaction with an affiliate.
    (B) The sale of securities or other assets to an affiliate,
    including assets subject to an agreement to repurchase.
    (C) The payment of money or the furnishing of services to an
    affiliate under contract, lease, or otherwise.
    (D) Any transaction in which an affiliate acts as an agent
    or broker or receives a fee for its services to the bank or to
    any other person.
    (E) Any transaction or series of transactions with a third
    party–
    (i) if an affiliate has a financial interest in the
    third party, or
    (ii) if an affiliate is a participant in such
    transaction or series of transactions.

    (3) Transactions that benefit affiliate

    For the purpose of this subsection, any transaction by a member
    bank or its subsidiary with any person shall be deemed to be a
    transaction with an affiliate of such bank if any of the proceeds of
    the transaction are used for the benefit of, or transferred to, such
    affiliate.

    (b) Prohibited transactions

    (1) In general

    A member bank or its subsidiary–
    (A) shall not purchase as fiduciary any securities or other
    assets from any affiliate unless such purchase is permitted–
    (i) under the instrument creating the fiduciary
    relationship,
    (ii) by court order, or
    (iii) by law of the jurisdiction governing the fiduciary
    relationship; and

    (B) whether acting as principal or fiduciary, shall not
    knowingly purchase or otherwise acquire, during the existence of
    any underwriting or selling syndicate, any security if a
    principal underwriter of that security is an affiliate of such
    bank.

  45. Tim Bryant says:

    The banks can defraud borrowers, they just can’t defraud themselves…..

    http://www.mortgagefraudblog.com/index.php/weblog/permalink/banker_gets_10_years_for_bank_fraud/

  46. Tim Bryant says:

    Check this bill that is in Congress. It is under the guise of “Homeowner Abuse Prevention”. There is very little protection in this bill. In fact, it mandates the servicer to act only in the interest of the investor. OK, who then becomes fiduciary responsible to the homeowners for accounting on the borrowers behalf? This technically wipes out the legal entity known as a “lender” that is stated in every mortgage doc. This is because a lender has fiduciary responsibility to the borrower. This bill mandates wiping those terms to the original contract out. Another example of the feds not knowing WTF they are doing….

    Click to access BILLS-112s824is.pdf

  47. Tim Bryant says:

    The Washington Post has a special page to submit your questionable mortgage docs. Here is the ink….

    http://voices.washingtonpost.com/political-economy/2010/10/do_you_have_mishandled_foreclo.html

    I urge everyone to submit theirs. If the Post receives them un masse, they will probably investigate the aspects that have not been reported, yet we all know on this site.

  48. Tim Bryant says:

    I have been mentioning the Takings Clause (Eminent Domain) of the Constitution and how the government cannot own any part of your property without due process and fair value. I have finally found a NY case that illustrates this as it relates to foreclosures….

    http://vertumnus.courts.state.ny.us/claims/html/2006-044-501.html

  49. Readdocs says:

    A letter going out from Bank of America notifying clients the new servicer will be the bank proper itself, instead of BAC Home Loan Services LLP.
    Does anyone have any inside information on why this change?
    The letter has legally crossed all the ‘T’s and dotted all of the ‘I’s.
    It does not give any other information, claiming that all pertinent information on the clients’ mortgage stays exactly the same, including the same mailing address for correspondence and business and account number.

    • Tim Bryant says:

      If it is a trust, they cannot act as a servicer, under their tax-exempt status. This will be interesting.

      • Readdocs says:

        Don’t have the information on who is the investor yet. If it’s a bank that is the servicer, and the investment is a trust, they can’t legally be the servicer? What I’m looking at now is finding who owns
        and holds the note for this mortgage.
        There’s been some kind of a small adjustment been made to the mortgage itself by Bank of America,
        and so far we’ve not been told why our payment was increased by about 60 dollars per month.

      • Readdocs says:

        Going back through all of the paper work, and online data, there is no information on who the investor is, and whether it’s a trust or not.
        In the copies of the origination documents it lists Taylor Bean & Whittaker as the lender. If the mortgage was bundled by them and sold to an investor that is not in any of the documentation I’ve looked at. When B0A Home Loan Services LLP was instructed by the government to take over the business of TBW, where the note, the mortgage, and the DoT were or sent is unknown. It’s obvious it was not sent to B0A, as they are the service company only.
        After being advised via letter recieved yesterday, the servicing was being changed to B0A NA with still no new added information.
        I plan to keep researching for this information, not wanting to alert the servicer that I suspect a problem with this mortgage, giving them the advance of taking this borrower to court using the agenda of planning on defaulting on payments to the lender. That is not the plan, a guarantee there is a whole and clear title to this property is the intent.

      • Tim Bryant says:

        If you kept all your closing docs, there is a set called “Closing Instructions”. It will usually list it in there. If not specifically mentioned, check to see who is to receive return funds if the loan does not close.

      • Readdocs says:

        All of the closing documents are here, they listed TBW as the lender, if the mortgage was split up and bundled for investment TBW is the one who would have done this. They were the servicer and lender until taken over by the federal government and closed down. BOA Home Loans Servicers took over from TBW via instruction of the federal government in late 2009, Now B0A Home Loans Services will no longer be the servicer, that will be the bank proper, Bank of America NA..
        While TBW was open and accepting mortgage payments, we were never able to contact anyone at their offices via phone or email. This might be on of those situations where the “lender” was a front for the real lender, and there was no personnel to contact, it was just a mail drop. My opinion.

      • Tim Bryant says:

        Readdocs,

        Check the SEC website “enforcement actions”. There is a release concerning TBW.

        Also, check your contract and see what it says in regards to a change in servicer, and if the note is sold. Usually, both the old and new servicers must give you notice of the change. Also, if the note is sold, they usually do not have to give you PRIOR notice. That does not mean that they do not have to tell you at all. Use your contract as your ammunition to get the answers you are looking for. Every time they violate your contract, notify them in writing of such breach. Send it to the address listed in the section that says “notices”. Remember, if the servicer doesn’t supply the answers, the investor or Trustee is responsible for their actions as well. The servicer is an agent of the Investor/Trustee.

    • Fury says:

      i think that they are getting ready to try to limit liability against investor lawsuits.

      they are trying to separate loans out —- they are trying to dump what they consider “toxic” loans into BAC
      and put the others under BofA.

      perhaps someone else could confirm this.

      • Tim Bryant says:

        My loan has all of a sudden been put in HSBCs name. This gets better and better. BofA cannot even prove to my lawyer that they have any interest in the loan, now they are selling it? It must be the $350,000 demand letter under Mass. Gen. Law Ch. 93A sent by my attorney. This is great, the banks are now hanging each other out to dry….LOL

      • Tim Bryant says:

        Also, save the envelopes that these docs come in. My denial of a mod was sent in BofA’s name on their stationary, but was actually created and sent by Stewart Lending Services. Ironically, this is a gov’t subcontractor for mod servicing Ginnie Mae loans, which I do not have.

      • Readdocs says:

        Thank you Tim. More research shows the originator of the loan did not inform the mortgage was being sold to TBW before the mortgage was closed. . The originator mortgage broker informed at the very
        time of closing the mortgage had been changed in two ways. The loan was changed from a pre approved VA loan to a USDA loan, and the loan had already been sold to TBW before the signing
        by the borrower. We never recieved anything from this broker before or after the fact.
        I’ll be checking out the SEC website.

      • Tim Bryant says:

        Readdocs,

        If the loan was sold PRIOR to the closing, and TBW is listed as the lender, the mortgage contract would be a nullity. That is not good news for them or you. It would act as if the transaction never occurred. You should consult an attorney.

    • Katheryn says:

      I just got a notice from attorneys on pending foreclosure. My refi was BofA but this letter states it is BAC FKA Countrywide, so mine got switched to BAC.

      • Tim Bryant says:

        BAC Home Loans was never known as Countrywide. BAC was formed after the merger, on July 1, 2008.

  50. Beth A. says:

    Thanks everyone! Maria – yes, it was Real Time Debt Solutions. Thank you kindly for sharing your input.

    I’d heard these agencies purchase these smaller debts for pennies on the dollars – then try to harass to see if they can obtain settlement.

    It sort of floored me initially that a debt contract secured by property (which is still there, not foreclosed upon) can suddently be demmed an unsecured debt. It seems like a unilateral change the terms of a contract…but the collection agency probably just steams forward assuming that every HELOC contract contains some sort of provision for debt collection vs. foreclosure without regard.

    In any case, I will dispute via certified letter, etc.. B of A couldn’t provide any real data on this debt which they picked up from CW…which CW picked up from another company. None of the data is properly reflected in the county property records.

    You are an amazing crew of folks, by the way. Thank you for all of your efforts in connection with providing data, sharing resources and for your time and kindness in replying to posters. I visit your site daily. Many blessings!

    • Tim Bryant says:

      Be warned…they are a debt collector

      • Tim Bryant says:

        Found there website… http://www.creditresolution.com/

        There is an interesting statement on the site, “The threat of legal action is more powerful than filing suit.” This is a blatant violation of the Fair Debt Collections Practices Act.

        From what I can tell, it is for accounts that have been charged off or considered “uncollectable”….interesting.

        Check to see if they are a registered debt collector in your state. If they are not, tell them to piss off. Transferring the debt to this firm makes it an unsecured obligation. It will be extinguished in bankruptcy or if you have a Homestead.

      • Tim Bryant says:

        I also find it interesting that BAC claims to have transferred the debt obligation, since MERS claims to hold it. This ought to really get judges pissed !!!

        I wonder if they are a “servicer” under the US Code?, uh, NO they are not. So now you have no lender or servicer. Goodbye debt obligation..

  51. Tim Bryant says:

    Here is the SEC enforcement manual if anyone is interested….

    Click to access enforcementmanual.pdf

  52. Tim Bryant says:

    Just read this on Huff Post. This Supreme Court decision is mind-boggling….

    http://www.huffingtonpost.com/joseph-a-palermo/att-concepcion-supreme-court_b_862066.html

  53. Beth A. says:

    A curious thing arrived in the mail today…first quick background:

    Main mortgage is Chase. Fraudulent paperwork (they’re completed income and asset data is no where near mine and docs are signed by XXXX (seriously, all X’s) – So, they know that WE know the problems…have stalled the foreclosure (they did). Trying hard to get us to modify (of course – new paperwork…no way am I signing away rights, etc.). So, we sit in limbo for right now.

    In the meantime, I’d found that the line of credit loan was never properly recorded w/the county records after it was sold to Countrywide then Bank of America. They threatened forclosure – then all was quiet for 6-7 months.

    Today, I received an invoice from a collection agency. It looks like an unpaid medical bill – so assume Bank of America has decided to treat the debt as unsecured debt. Is there anyone else in MI or any other states that have received similar collection notices? Thanks so much!! Signed, Faithful Reader 🙂 Beth A.

    • maria d'lane says:

      Did you get this from Real Time Resolutions? BofA turned our 2nd over to them. They purchase these for pennies on the dollar from BofA.
      IF it is Real Time Resolutions – don’t call let the statute of limitations run out… I have not contacted them for 2 years, and they threatened to sue about 5 mo ago. nothing occurred thus far.

    • Doug says:

      Hi Beth,

      I received the same thing a few weeks ago, the letter came from REDC default solutions. Of course the letter stated that I had 30 days to dispute this debt, and if I didnt it would be assumed valid. Today I received my reciept for my letter to them disputing the debt. 🙂

    • Tim Bryant says:

      Also see if they are a registered debt collector in your state. If not, tell them to buzz off.

  54. Tim Bryant says:

    Matt Weidner is on Dylan Ratigan right now.

  55. Tim Bryant says:

    Send your stories to the Washington Post “investigations”… investigations@washpost.com

    Let the lawmakers read these stories in the DC papers. Get the information out on the corruption we are facing. If we can fill their inbox with these horror stories, maybe someone in DC will act on our behalf. If not, they will continue to be embarassed by these flagrant violations of the law which our government is allowing.

    • more and more lies says:

      well i guess we have to because writing the OCC and the individual senators is doing nothing. actually miller probably found out about modifications from us writing him. i will form aletter to post ans end it. the word needs to get out and this needs to stop!!!

  56. Readdocs says:

    How do you discover who the investor is on a note in MERS?
    What standing does MERS have if you discover they have not registered a new servicer in a timely manner
    in MERS? If a servicer was assigned in 2008, and a new servicer is then assigned in 2009, and it’s discovered
    the original date of 2008 is still being used by the second server is that evidence of sloppy filing and registering?

    • Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp) says:

      Why are you making any reference to the SERVICER?

      You need to be looking for any recorded assignments of your Deed at the County Recorder’s office.

      MERS may list who your investor is but it is not a valid source of assignment information.

      MERS has NEVER had STANDING. MERS is a strawman.

      The fraudsters and servicers can change information on MERS.

      MERS is more likely to list who your servicer is than to list the investor. In some cases, the Trustee for the certificate-holders is listed without specifying that it is a trustee or what the name of the trust is.

      For my own loan, Bank of New York Mellon is listed as the investor. In truth the supposed investor is a CWABS trust.

      I was provided the name of my supposed investor by the servicer but only after legal proceedings had been started.

      • Readdocs says:

        The county court house has NO information of the current standing of my mortgage, it was never recorded there. I looked in MERS to find only the information of who is the servicer listed there,
        the investor is not listed. Now how do you with such limited information discover who is the investor
        without being sued by the servicer. Oh and MERS is listed as the nominee as trustee and beneficiary
        of the mortgage as it stood under the original servicer. Since the new serivcer has not made the effort
        to file and register at the county court house it is a question if MERS still has the same nominations
        Also filed and registered at the county court house MERS was supposed to be the holder of the note,
        the mortgage, and the deed of trust in original wet ink document. I seriously doubt they have possession of those orginal documents since this morgage has been securitized and now an investment. Wouldn’t the investor or the trust invested in be the holder of these documents?
        This whole mess is sickening, and it’s a foregone conclusion an investment in a lawyer is in the future too.

      • Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp) says:

        You definitely do need to consult with a knowledgeable attorney in real estate law.

        I realize you are stating that apparently NOTHING is recorded against your property with the county recorder. You need to have that verified.

        However, per your statements about the SERVICER, you still do not understand that the servicers do not record anything.

        Original loan documents are recorded on behalf of the LENDER as a normal part of loan closing after the borrower signs the documents.

        Otherwise, documents are recorded with the county recorder to substitute a trustee (this has to be done in compliance with the terms for doing the substitution per the original Deed of Trust or mortgage). Also, assignments of the Deed of Trust or Mortgage are also recorded, normally.

        NOTHING regarding servicing is recorded with the county.

        If your original mortgage never was recorded, I suspect there would be problems trying to record an assignment or a substitution of trustee, since these documents are basically intended to record a CHANGE to the original stated parties. Such documents always need to refer to the original recorded document.

        I’m wondering if here is any chance your mortgage was recorded in a neighboring county by mistake. I would hope that could not occur.

        Who is the LENDER per your copy of that loan? Who is the original Trustee?

        Before you go further with any contact with the servicer, Lender or original Trustee, contact a skilled real estate attorney. A statement from your country recorders office that they do not have your mortgage shown on your property would be good to take with you to that meeting. I’m thinking they could provide a ‘no such entry found’ document. The attorney may want a Title company to perform a search to determine if all prior mortgages were properly satisfied.

        Get going. If your loan was not recorded, it was not perfected.

      • Readdocs says:

        The loan history is.
        Applied for a VA pre approved load with a mortgage broker in a nearby local town. The day before closing the loan was changed to a USDA loan without our approval or knowledge, and at the closing discovered he had sold the mortgage before signing to TBW in Florida. In MERS it shows TBW as the assignee with no other information. The mortgage was electroncially filed and registered with the right county. I have copies of all the county court house documentation for this mortgage and the property.
        In 2009 TBW was seized and shutdown by the federal government. We recieved notification to start sending mortgage payments to Bank Of America;. Bank of American never filed and registered the changes made to the mortgage in their name. BTW…in the county court house files…TBW is shown to be the lien holder and not the assignee as it is in MERS.
        This is the total of the information at the court house and in MERS. We have no information on where our loan is, where the mortgage is, or where the Deed of Trust is.
        I don’t want to pay this place off and be informed we’re getting a quit claim and that’s it. Or have some entity show up after it’s paid off foreclosing on the property because all of the payments were diverted to the wrong entity. The consumer has a right to know all of the details on the product they are purchasing.

      • Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp) says:

        I have read of problems with these TBW loans.

        Bank of America is simply a servicer. You are mixing SEVICING moves – which are never recorded – with recording of assignments of the Deed of Trust.

        You need to be clearer on this information before you interview an attorney. The fact that you are not being precise on the facts that you do have is potentially going to create problems for any attorney who does not review your information with care. Obviously your original mortgage is reflected with the county recorder’s office after all. You seem to be splitting hairs over whether TBW is the original LENDER or an assignee. Go by what is RECORDED. MERS database is not to be relied upon.

        You need to either become more precise in what you are stating or else find an attorney to investigate this for you. Instead of relying on your input, he needs to rely on the actual documents you have.

        If you were to give an attorney the statements you have made here, they would see several contradictory statements. The facts you give the attorney need to be correctly stated. It comes down to that old adage “Garbage in, Garbage out”.

        Most likely you have a mortgage that ‘belongs to’ Fannie Mae or the FDIC, since the government takeover of TBW.

        There is an online tool on the Fannie Mae site that allows a check for whether Fannie is the investor.

        In one of your posts here you stated the original Trustee is MERS. I have never seen MERS in that role. You need to go thru your copy of the original Deed and write down several details on a separate piece of paper. The ‘actors’ that should be on the Deed are: LENDER, TRUSTEE, BENEFICIARY.

        MERS will normally appear as the ‘nominal’ beneficiary.

        MERS does NOT retain original documents.

        Your original signed NOTE should be in the physical possession of the entity claiming to be the note-holder.

        In some states, the Deed is presumed to ‘follow the note’. The documented chain of assignments for the DEED might be overcome in that way.

        You might find that a service that can examine your title would be able to find out who the note is held by.

      • Tim Bryant says:

        Also, MERS can never hold a note. That would be considered banking, and they are not a bank under any law. This action would be void by operation of law.

    • Readdocs says:

      I have posted the only information I’ve been able to find at the county court house and online at MERS.
      Thanks for the tip about Fannie Mae tool bar.
      One other thing. The originator of the mortgage the local mortgage broker sent a letter offering to refinance the mortgage, as he had checked our file seeing we could refinance for a lower interest rate.

      • Readdocs says:

        Thanks Tim for the link to the FBI announcement.

        Tim, Thank you for the link to the FBI announcement.

    • Tim Bryant says:

      Send them a letter, return receipt requested. Ask them who the investor is, and inform them that under the E-Sign Act of 2000, only the listed holder of the “transferable record” has the rights as a holder in due course, and only if previously disclosed to the consumer (you). Tell them as well that you are to be notified in writing, under the same law, if there is any subsequent changes to the investor.

      The investor is responsible for the servicer’s acts, so worry more about pressuring the investor. They can lose their tax-exempt status due to their servicer’s behavior.

      • Readdocs says:

        From what I’ve researched neither Freddie mac nor Fannie mae are the owner of my note..

  57. Jesse Washington says:

    I’m a reporter looking to interview African-Americans who have lost their homes to foreclosure, or are at risk of being foreclosed. If you have a story that needs to be told, I can be reached at jwashington@ap.org.

    Thanks,

    Jesse Washington
    National Writer/Race and Ethnicity
    The Associated Press
    http://www.twitter.com/jessewashington
    http://www.facebook.com/jessejwashington
    215.446.6675

    • Fury says:

      Jesse,
      thank you for getting the message out.

      i am not African-American
      i am part native american.

      two nights ago, we tried to steel and comfort ourselves by listening to the Staples Singers.

      we cried.

      we have to stand up to the banks who have defrauded us just like the courageous Freedom Fighters
      fought segregation.

      the footage used in these montages remind us all to stand up against injustice.

      “down in mississippi”

      “we’ll never turn back”

      mavis said,

      ” Lord, I’m still on the case. I’m still doing what Dr. King and Pops want me to do. I’m still on that freedom highway, and I’m going to walk on it until Dr. King’s dream is realized.”

      there is a documentary that will be shown on may 16th on pbs.
      Freedpm Riders
      http://www.pbs.org/wgbh/americanexperience/freedomriders/http://www.pbs.org/wgbh/americanexperience/freedomriders/

      fraudclosure crimes have been committed against all races, religions and socio-economic classes.

      i want to stand up and fight it like the Freedom Riders and Fighters of the civil rights movement.

      i want to help not only my family but all families going through this unbelievable fraud.

      this song was always one of our family favorites:

      who knew that her other songs would become our anthems for fighting this horrible, disgraceful fraud.

    • Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp) says:

      While I am not a member of any ethnic group that you are seeking, I did notice a distinct pattern in the names of those being foreclosed on by CountryWide/Bofa in San Diego CA.

      I saw a disproportionate number of FEMALE owners and also of HISPANIC and ASIAN surnames.

      Since African-American surnames do not stand out just by their spelling, these other groups DO show up quickly in an online search I did of documents on file with the county recorder’s office.

      Foreclosure fraud is blind to the colors of our skin but the mortgages offered by CountryWide DID target women and minorities with their PREDATORY loans. That is now showing up in the statistics of the foreclosures.

    • Fury says:

      jesse,
      these are the links that show the footage that reminded me so much of our current fraudclosure crisis.

      the lyrics and mavis staples’ voice is like what we feel today – people of all races. it imust be especially frightening for hispanics who don’t speak english and were defrauded.

      Hard Times Come Again No More

      Eyes on the Prize

    • marilyn lane says:

      to I vent and all concerned with the future I was doing some checking on Fidelity National Title
      and the heading on the page reads{
      FIDELITY NATIONAL TITLE
      Inland Empire

    • Tim Bryant says:

      Jesse, here is the email address for The Rainbow Coalition. They are actually part of the fight against foreclosure fraud. You should contact them… info@rainbowpush.org

  58. Steven Wagner says:

    Urgent News for People in Foreclosure in FLORIDA

    If you’re currently in foreclosure and your loan is being processed by one of the following foreclosure mills:

    1. David Stern
    2. Marshall C. Watson
    3. Shapiro & Fishman
    4. Florida Default Law Group
    5.Kahane & Associates,
    6. Daniel C. Consuegra
    7. Albertelli Law and
    8. Ben-Ezra & Katz.

    Then this is urgent news for you. These firms are being shut down because of the Robo-signing scandals, and are in a massive state of flux..

    Chances are, if you are one of the hundreds of thousands of homeowners who are being foreclosed upon (or have been foreclosed by) these crooks, then this post is utmost importance to you.

    This opportunity lies in two points:

    1) You are a victim of fraudulent documents, fraudulent assignments, and robo-signing. All your paperwork submitted into court should be challenged.

    2) These firms are going out of business, yet they are still the “Attorney of Record” for the Plaintiffs (the pretender lenders).

    If the above named firms are the people handling your foreclosures, you should contact the Florida Attorney General’s office and find out what complaint is being submitted against these firms.

    You should then take this information and “Motion the Court to take Mandatory Judicial Notice” of these complaints. Now I have not yet found an attorney to do this, so if anyone does please let me know.

    What this does is that it will bring doubt as to the validity of the documents that they have submitted into court for your case…forcing the foreclosure action to be dismissed. Remember, the burden of proof is on the Plaintiff. If the Plaintiff (in this case, the pretender lender) cannot produce valid evidence of proof of claim…meaning the documents they have submitted can be proven to be invalid, and then you can motion for the case to be dismissed.

    I’ve heard several people in Florida who have had their foreclosure actions dismissed because they challenged the attorney on the basis of improper paperwork by the Plaintiff’s attorneys.

    You should consult a lawyer to discuss this matter to see if this can be applied to you.

    Quiet Title Action

    Because your title has been assaulted by people recording false claims on your property, as the title holder of your property, you have an OBLIGATION to defend your title.

    What do I mean by “being assaulted?” These foreclosure mills have recorded invalid and false assignments with no proof, no authority and no due process for the mortgage on your property. Remember, according to the US Supreme Court ruling in Carpenter v Longan, the Mortgage follows the promissory note.

    What this means is, assignment of the Mortgage without control/ownership of the promissory note is voidable (read: meaningless).

    The party wishing to foreclose on your property must control BOTH the mortgage and the Promissory note.

    In most cases, since your note has been securitized (sold on Wall St to investors around the world), your pretender lender only controls the mortgage and tries to foreclose based on that alone; bringing fraud before the court. This is backed up by a recent Massachusetts Supreme Court Ruling in US Bank v Ibanez.

    The promissory note MUST name the party wishing to foreclose AT THE TIME OF THE NOTICE OF DEFAULT. A faulty chain of title is like bad food, once gone bad, can never be fixed.

    BLANK ASSIGNMENTS ARE UNACCEPTABLE proof of chain of title. Yet, blank assignments are STANDARD BANK PRACTICE. (read OPPORTUNITY)

    Here’s the good news. You now have this limited time, once in a life time opportunity to potentially remove your mortgage from your property via a Quiet Title Action. Here’s the deal, these foreclosure mills are still the “attorney on record for the plaintiff”.

    This means that if you were to start a Quiet Title Action against your pretender lender, you can serve the “attorney on record” the complaint and summons.

    These companies are being shut down. They are firing all their employees. They are dealing with the Florida Attorney General for fraud. They have a lot of problems they are dealing with right now. So when you sue them, you are THE LEAST OF THEIR WORRIES.

    Do you think they really give a hoot’s ass what happens to their clients (the pretender lenders) who have fired them or may fire them? Yet, being the “attorney of record” means they have a fiduciary responsibility to accept service for their client.

    So, if you were to sue your pretender lender, and service this attorney on record…there is a GOOD CHANCE they will not respond. And if they don’t respond within 30 days, then you win by default.

    What does that mean? It means if you win a Quiet Title Action by default, which means the Judge has to grant you a quiet (clean) title to your home. This means no one can ever come back and sue you for the foreclosure action. It’s done.

    If they attempt to sue you for a foreclosure, they’ll have to fight the Quiet Title Action first.

    Courts are not very forgiving on people who lose by default.

    If your seeking legal help or you want to FIGHT to KEEP your HOME you might want to consider this
    STEP by STEP program created by Dr. Fredrick Graves.

    Rules of Court and Law of the Case > Whether you’re being sued or suing someone else, you must understand these two simple things – or risk losing!

    Winning is really very simple! Every lawsuit turns on these two (2) simple things:

    #1 … the law of the case and
    #2 … the rules of court (evidence and procedure)

    That’s all there is to this game we call court!

    Winning is EASY once you see this simple truth! —- Anyone can learn what it takes to win!

    You simply need to start with a clear view of the field of play, the object of the game, and the rules that control all the players … including judges and lawyers!

    This affordable, step-by-step self-help course will teach you everything you need to know on
    how to WIN every case…. .http://www.jurisdictionary.com/?refercode=WS0009

    Check it out it, it just could be what you need to help you WIN..

    If you have any questions you can e-mail me if it’s OK with this Blog.

    My e-mail is: FreedomInvestmentSolutions@Yahoo.com

    I’m just trying to provide solutions to those that need help and direction, this program will provide that for you. It will also provide you with knowledge to know if your own Attorney is doing his or her job.

    This way you’re in CONTROL of your case because you have the knowledge and education.

    God Bless you all and together WE CAN WIN and BE FREE.

    Steven Wagner

  59. Steven Wagner says:

    I want to educate those people trying to do loan modifications. Many have called their lender asking for help, what they tell you. We cannot help you unless you’re late on your payment. To me that is providing legal advice and not a solution. They should legally be held accountable for that poor advice.

    Here is why they tell you to be late before they can help you. Once you fall behind on your payments the service provider can purchase the debt for pennies on the dollar, they then hide behind The Fair Debt Collection Practicing Act. Yes, they tricked you again. They went from a servicer servicing the loan for the so called note holder to a debt collector. For them to collect the debt there suppose to be registered in your state as debt collector so you might want to see if they are, many are not. Now that they own debt they can do a loan modification, if you do a loan modification your giving them a reason to create a new loan and note, because they don’t have the ORIGINAL NOTE. So don’t help them STOP doing LOAN MODS, you’re playing into their hands. STAND UP AND FIGHT TO KEEP YOUR HOME. So you say Steve that’s not that easy, your right, but you still have rights. I don’t want to write a book here although I’m working on putting together a Foreclosure Defense Manual.

    Here’s one way everyone can get resolution to their foreclosure problem. Contact your local Sheriff, before doing so watch these links;

    http://www.sheriffmack.com/index.php/books-by-richard-mack

    http://ricoforsheriff.com/

    Now send these links to your local Sheriff, your local Sheriff took an oath to up hold the constitution and has the power to stop these Foreclosure as you saw in the videos. When you send this to your Sheriff you’ll find out if they’re standing behind the oath or not, because if they are they will STOP all FORECLOSURE in your COUNTY.

    If not, you need to pressure them, how, by blasting them on YouTube, Facebook, tweeter and other social media and ask them to step down, start picketing in front of the Sheriff’s Office, or make up a sign and put on your car, Impeach Our Sheriff for not Up Holding the Oath or something of that sort. I have a premade e-mail to be sent out if anyone wants to use it.

    Also understand the owner of the Note is the only one that has Legal Standing to FORECLOSE, it’s not just about producing the note it’s about who has legal standing. If the note was Securitized and Sold to Wall Street then the Note was changed making it VOID..

    What I mean is that the note got converted from a Note to a Stock and then sold to Wall Street as Shares… think of it as an Apple going into a Blender the end result is Apple Juice, you cannot convert Apple Juice back into an Apple. Nor can they convert the Note once it’s changed back to a Note… If it was sold as shares then only those share holders have legal claim to Foreclose, the question is who are they and how do they know they own your note. Even if they could don’t forget the point that the note was converted and VOIDS it out.

    The problem we have are the Judges took an Oath to up hold the Constitution as well, Personally I believe they are not up holding there Oath as well.. search Judges Oath and you will see they are suppose to protect us from Fraud and up hold the Constitution which they are not doing,

    The other concern I have and each of you should have is what legal process are we now operating under, there’s a flag now hanging in the courts with Gold Trim. People we are operating in commerce should you not understand the system? DO YOU? You need to understand that the constitution and money (gold and or silver) is long gone and that you are in a new system known as commerce which does not operate with money (gold and or silver) but with negotiable instruments. Is the system fraud, treason, satanic, corrupt legal but unlawful ETC.? It sure is but you are involved in it almost every day of your life. Now type in HJR 192 in your search engine. HJR stands for House Joint Resolution 192 and that is where this scam began. At this time the people gave up there gold and silver (money) for Federal Reserve Promissory notes.

    But if you read HJR 192 and understand what it says the government also said that they would now pay your debts for you because you no longer can. That means if you understand the scam the government will pay for everything for you. When you were born and your straw man got his birth certificate you should have gotten a check book along with the birth certificate. I know you did not but you should have that is where the fraud starts. They had to do this so as not to be charged with treason at that time. Now do you understand why some of you may have had a judge tell you the constitution cannot be argued in his court? The court is not a constitutional article 3 court how can it be you have no money. You are in an administrative court with an actor acting as a judge in commerce not the constitution. And your straw man is before the court but you are there with the straw man so you become the surety for the straw man. The actor judge is not talking to you he is talking to your straw man.

    America is under a system that is called commerce and commerce is a different system than the constitution. Trying to mix the two systems is like trying to mix oil and water you can’t so if you do not understand the system you will lose every or almost every time. One system operates with gold and silver (money) and the other system does not. Those who refuse to learn this, this system will destroy you and you will never know why. You still do have rights guaranteed by the constitution but only if you learn the system you are in WHICH IS COMMERCE.

    In every court house in America there is now a flag haning there with a gold rim, the reason there is a gold rim is because of Admiralty Law. Whenever you see a gold rim on a flag it means you are accepting the use of Admiralty Law when you testify or have representation within that court. It basically is a set of laws that governs corporate actions. It is derived from Maritime Law. You as a person are a corporate entity of yourself in a Admiralty Law court. There is ALWAYS a monetary value attached to court decisions in this type of system. UK, US, Canada, Australia and other countries legal systems and governments are based on this Admiralty Law. Whenever you see YOUR NAME in ALL CAPITAL letters that is your “corporate identity”. Your drivers license birth certificate social security card and anything else pertaining to the government, debts, or trading of goods or services will have your name in all capital letters. This is not you it is your fake corporation set up at your birth to keep track of all your debts public and private.

    I believe if these Judges did their Job and up held The Peoples right there would not be one home FORECLOSED up on. I’m starting to wonder if these Judges are being paid off by the banks..

    Jail the Bankers and Jail the Judges are signs we all should be holding.

    I’ve heard one can file a Lien on the Judges bond which would cause serious issues. Some other options the people may have is putting your home into a Land Patten or Alldoial tile and filing a UCC 1 on your property. I have to find out more about the UCC 1, I just spoke to an individual last week about this.

    I hope this info helps shed some light. What I really want are the readers to take action with contacting their local Sheriff and getting him or her on board to FREE the PEOPLE from the FRAUD and STOP these FORECLOSURE though out the USA…

    The Sheriff could be the key to resolving this but I have a concern and ONE question I want to ask these Sheriffs and it should be a question you too should be asking, that question is;

    Do they believe in the Oath you took and do you have the Courage to Stand up for The RIGHTS of the PEOPLE or do you stand and represent the system?

    Some other resources:

    The Creature from Jekyll Island > http://video.google.com/videoplay?docid=-8484911570371055528#
    http://www.ba-group.com/…/Affidavit_of_WalkerTodd_Aff_1_20_041.doc

    Then Click on STATE OF MICHIGAN – BA-Group Home Page and down load, you must have Microsoft Word.

    The expression from the book Modern Money Mechanics, published by the Federal Reserve Bank of Chicago that “deposits are merely book entries” is now easier to understand. I suggested you read the book “Modern Money Mechanics” by the Federal Reserve, you should be able to Google it.

    Thank you

    Steven Wagner

    • Michael-Lynn says:

      God Bless you Steve Wagner – the first comment provided great instruction, however your second post is just a bunch of patriot babble and nonsense, except perhaps for some of what is shown about the duty of the Sheriff and the Oath, so please be sure and use your discernment as you walk in the spirit that will guide you in all truth.

      The law is not the same in every state.

      The UCC has nothing much at all if anything whatsoever to do with foreclosure.

      Judges do not have to have bonds – at least not in Indiana, but may as did Justice of the Peace Office, that has been abolished by statute perhaps twenty years ago and judges everywhere are absolutely totally immune and besides that immunity, no bond covers violations of constitutional rights as all bonding companies would be out of business overnight for claims for rights violations, that are perpetual and overwhelming.

      The concern about the gold fringe is a fantasy that is dangerous and worthless to argue about.

      There are many other things that you have swallowed hook, line and sinker from a stinker that you need to clear your head about and concentrate on what you first stated, law of the case and the trials rules are the two things that you must focus on to win, not in the lower court but by the record made for appeal.

      I have known the Dr of Jurisprudence for over fifteen years and he does have some very good instruction, although it is only as perfect as the student learns this information and goes beyond the instructor to be better.

      Michael @ The “MIXED WAR” Room and The Trials of Life

  60. SPS Fraud says:

    Would love to hear your comments on this one.

    My home in CA was foreclosed upon by Select Portfolio Servicing, on behalf of a First Franklin 2006 RMBS. In August of 2009, I was offered a “trial loan mod” as I was behind in payments. I had to pay an initial amount of $49,000 (not a full reinstatement), then nearly $5k per month. After accepting my payments for five months, and taking in all of the requested paperwork from me, they did not deny my mod, but rather said the “investor” now wants over $7k per month, but my income doesn’t qualify for the increased amount (but it did for the $5k). I re-submitted my income after renegotiating some partnership agreements I was involved in to show I can afford the $7k payment based on their DTI ratios. SPS never once argued about my income docs or questioned the amount. Their response? In order to review this further, I had to come up with an additional $13k. What? It gets worse, over the next four days, the amount I needed to pay them to review (without any guarantee of approval) increased to $126,000. The loan was over $1m. I told them I couldn’t, and wouldn’t pay this was not part of our agreement and was extortion.

    SPS suggested that I make them an offer to short-pay the loan, which I had already done over a year prior. They even told me to not make any payments since we couldn’t agree on the amount. SPS “appraised” my home four times, kept me in foreclosure, forced me to file a BK to stop the sell, then ultimately foreclosed about a year later. After dealing with this for nearly three years, only a few weeks prior to the sale did they accept a short-pay (at a higher amount that I offered), but by then, my source of funds had dried up.

    I have hired an attorney and we are suing for fraud. No lender has an obligation to modify the terms of a loan, however, if they put forth the contract, tell me what to pay, then accept all the payments, they do not have the right to simply change the terms of the contract at will.

    Has anyone had a similar experience? I’ve read about a lot of broken loan mods, but never one like this.

    Thanks….

    • more and more lies says:

      you think you have been extorted? its about the same over here in florida. since 2009 i have been dealinf with wells fargo. didnt know much about the fraudclosures then. but i lost my job and asked for help that was my 1st intro to securitization. now i know why pwople walk away. i was told that i could not helped unless i get ajob when i did finally work and submitted all the paper work dozens of time because somehitng always got “lost” i madt to much even though i was unemployed for 5 months they gave me a wells fargo mod ???? that was hire then my original. i cried pleaded and begged for a lower payment they rold me either foreclose (which i should have then because i could have been coaught up in the stern shennanigans) or short sale. i then told her about my 20% investment. i find hard that they take our downpayment and when this happens thry dont want to help. then of course they new i had no more money reserves. i called to tell them the bp oil spill has left me under emplyed and my husband got sick and could not work. they told me i had to be in emminent default for them to help me. now the real fun starts, by oct 2010 all my paper work i should have had a mod approved when i was only 3 months behind right. nope i a call every week from wells fargo to tell me i was in review i would send them this and that . dec 2010 i get a frantic call fronm my loan processsor that her computer was hacked someone got her passcode and moved my file out of review to the next “cog” or level. by 1/11 she was off my case never heard from her again. i received a letter from wells fargo asking for more paper work byy feb 14th. i sent it fedex feb 4th, on feb 16 i receive a letter that i was denied a hamp loan because failure to send in proper paper work. by feb 21 i was sent to a foreclosure lawyer in orlando florida. by this time i found out about the hamp fraud and had it with them. i tried to complain to the OCC ect and they just keep dishing out lies that i did not do what i wass uppose to. i am sickened. i saw a case in michigan someone sued their bank for fraud and won. i wish i couold sue them no one in florida wants to help can not get a lawyer to call me back. i feel like i am in the twilight zone.

      • Tim Bryant says:

        You noted one of th major problems, when you complained to the OCC. The federal government will not backup homeowners, whether they are in the right or not. They have repeatedly shown they are only trying to preserve the wealth of the top 2%. You cannot rely on the government, but you can hound the s**t out of them for not doing their job. In my recent SEC exemption requests, I was told by Katherine Hsu that the SEC “does not know what to do” in this matter. The problem is, they know we are in the right and there is no obligation between a homeowner and an investor or trustee. The seller of the securities is the guarantor of the contract, not the homeowner. For a legal contract, one must be given consideration. There is no consideration offered or paid between an investor and homeowner. The lender gave the consideration. The investor is not a successor in interest. The are bona fide purchasers of a debt obligation on collateral held by an entity not party to the contract. In essence, they purchased nothing.

        Investors in 99% of RMBS are created under New York law. If you read your mortgage docs carefully, the mortgage is under the federal laws, and the laws of the jurisdiction of the property. The RMBS is not valid unless you live in New York. The trustees and investors have no standing, if properly plead by a “competent” attorney who actually reads your mortgage docs. Their only recourse is against the seller, who is the guarantor. The SEC knows this but will not put anything on paper stating such.

        The other federal agencies are the same. Hell, the FDIC took over a bank and was caught in filing false affidavits themselves. What everyone needs to do is keep pressure on these agencies, and your state and federal legislatures. Being from MA, this seems to be working. Our judges have caught on to the shady practices of the financial institutions. There is also a statewide investigation of MERS, which has caused one of our counties to pull their money out of Bank of America, because they use MERS. The dominoes are close to falling. We need to keep HEAVY pressure on our elected officials to act appropriately.

    • Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp) says:

      I have a permanent mod from CountryWide that was offered under the streamlined processing called for by the “CA AG Modification stipulated agreement” that CW and BofA agreed to with the CA AG.

      I returned the agreement with my signature notarized and the required paperwork. The Fedex as delivered on time, the paperwork was checked and I was verbally told that the paperwork had been VERIFIED. The modification was supposedly “MINE” I was told. The next steps were to then enfold that agreement into the actual loan. I was supposed to await sending the first payment until I received a payment coupon matching the modification. Supposedly it could take another 60 days or so for the final processing and the payment would possibly be adjusted for any payments due during that delay. Only problem with this picture was the notification of servicing being sold that I received. That mod had supposedly been effective as of April 1 with a first payment due on May 1 (except for the instructions I received differing). Now this new servicer was to take over on the very day that the first payment was due on the mod but there still was no payment coupon for the new amount. The new servicer claimed they would adhere to any COMPLETED modification. CW/BofA claim they never completed the modification. The new servicer refused anything but the full payments. They claimed to have no cause to comply with the mod that had already been notarized. BofA never recorded the document.

      THEY offered the mod. I complied. They never reported any reason to me that the offered contract was not valid in a timely manner. Even after the servicing transferred, I was being told the mod was still being processed. More than 2 months after the transfer, I was simply told the mod ‘NEVER HAPPENED”. That is a breached agreement. A Superior court judge found cause to hear the case. BofA argued that financial documents MUST have the signature from BOTH parties. That same argument would allow me to claim the original mortgage documents were not valid since they are offered by the ‘lender’ but never counter-signed by the lender. There is not even a place for a lender to sign on original mortgage documents.

      It became apparent that I was better off questioning the validity of said original mortgage rather than try to pay legal fees while also making sizeable modified payments per the court. It amounted to paying more than the original mortgage payment.

      The replacement servicer has only made things more interesting by first claiming the mortgage was securitized into a particular trust, then nearly a year later, after I moved the case to BK court, that servicer’s employees created and recorded the assignment that attempts to put the mortgage AND NOTE into the trust that it SUPPOSEDLY was already in. (MERS can not assign a NOTE, but the bozos had to try. CA courts are now ruling that MERS can not assign even the Deed.)

      The servicer is actually in the role of a debt collector and they are helping give the debt collectors a bad name with these attempts at self-serving assignments and attempted fraud on the court all packaged together.

      • Tim Bryant says:

        Call BofA and have them show you that they have any successor interest in your Countrywide loan. Tell them if they do not give you that within 30 days, you will send a notice of dishonor claiming that they are not a party to your contract with Countrywide, after you have given them proper notice under the contract, and they refused to state a legitimate claim to any ownership interest..

      • Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp) says:

        Shhhh. Even ole’ CountryWide is not my LENDER. My lender is a supposed corporation that was never formed by CountryWide in New York. The Deed very clearly states that the LENDER is a New York Corporation called “America’s Wholesale Lender”. Even the later attempts by Litton employee’s claiming to be the MERS nominee are signing as the nominee of “America’s Wholesale Lender – A Corporation”.

        Now to seal the fate of ‘AWL’, another group DID incorporated that name in NEW YORK state at a later date.

        The LENDER on my documents NEVER LEGALLY EXISTED. AWL did not register as a lender with my state as required.

        CW has been using ‘D/B/A’ filings in numerous states to bluff there way through this mess. If the DOCUMENT claims the entity is a CORPORATION, the subterfuge of the D/B/A will not work with a competent attorney and any court that truly hears the pleadings..

        Because Litton has filed that assignment into the ‘Trust’, BofA is not claiming any involvement at this time.

        That assignment is a hoot.

      • Tim Bryant says:

        Hell no,

        I found this for you. It is a CT court decision stating AWL, as a “trade name” for Countrywide, and not a legal entity, has no legal standing to foreclose….

        http://www.docstoc.com/docs/52560981/Americas-Wholesale-Lender-v-Silberstein

      • Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp) says:

        @ Tim Bryant,

        Yes there is the Silberstein case and also the ‘Pagano’ case. In EACH case, CountryWide attempted to foreclose in the name of the LENDER named on the Deed and Note which is “America’s Wholesale Lender – A Corporation”. There is also a Texas case that was similarly decided and even references Pagano.

        In each case the courts ultimately ruled that the corporation does not exist and never did exist.
        My mortgage is exactly like the ones cited in that the mortgage documents, on their face, claim that the “America’s Wholesale Lender” Corporation is a New York Corporation.

        No such corporation existed in 2005 when my mortgage was originated and that is also the same year the Connecticut cases were decided on Appeal. In 2008, another group created America’s Wholesale Lender Inc in New York. This serves to prevent CW or BofA from renaming some other of their corporate menagerie as the missing AWL Corp. to try to fool people to believe that the corp did exist.

        Unfortunately, people are not hearing that this false LENDER situation is an open invitation to eventually doing a ‘quiet title’ after dispatching the pretenders.

        CountryWide is bluffing the situation. In some cases, they attempt to convince judges and attorneys that they can use a “D/B/A” to overcome the problem of these badly written documents. GET REAL. To use the D/B/A, it needs to be STATED ON THE DEED AND/OR NOTE.

        On some newer mortgages, at least the NOTE reflects the LENDER is “CountryWide D/B/A America’s Wholesale Lender”. Notice the difference that those do not show “AWL Corp” at all.

        My documents are of the earlier variety that do NOT reference any D/B/A. My documents clearly reference the never-formed AWL Corp.

        It is then outrageous to realize that CW claims to have securitized my mortgage into CWABS 2005-10. To add to the false documents, they never generate the assignments that are required by the PSA.

        These loans are a clear rip of both the borrowers and the investors in those CWABS certificates.

        In truth, no corporate entity exists to ever give a valid satisfaction of these mortgages should they be paid off or refinanced.

        As I noted earlier, CW uses the not-in-evidence D/B/A or else they bluff the usage of MERS. Another tactic is to have the servicing moved to Litton and have THEM generate the necessary FRAUDULENT foreclosure documents.

      • Tim Bryant says:

        I would say that by all these cases, BofA has no successor interest on a trade name which it does not own. You should go for quiet title.

        I also sent an email to some media contacts about this scam. Wall Street is just continuous bulls**t. I really feel that Stock Exchanges should be made illegal. There is so much fraud, and dark pools, etc. The SEC is totally incapable of regulating it (even if they actually wanted to).

  61. Fury says:

    i can’t find the actual thread where he posted but it was a slam
    at michael about his moderation.

    yes, i have been taken aback at some if the language used sometimes
    but i am pretty strung out, exhausted and furious at what my family has been through in court.

    if mr. lvcopman or whatever his nic is thinks that he can moderate or produce a better blog, go for it.

    it is easy to criticize when you are not in charge.

    michael redman and lisa epstein have been a lifeline for family during this horrible debacle of fraudclosure.

    they are frequently at the courthouse.

    the websites of michael, matt w., denniger and lisa
    have provided information that we desperately needed.

    with each filing, we hope that we are helping not only our family but those who who are scouring the internet in support of their own cases.

    i think that politically i may the polar opposite of some of these posters, but they have been so generous to me and have helped me hang in there, giving me support and encouragement
    when i have felt so low and exhausted,

    so mr. las vegas dude, start your own website. it is not an easy task.
    or use your scroll bar, man. really. grow up.

  62. Tim Bryant says:

    Very interesting court decision. BofA claims there is no successor interest from Countrywide in regards to investors and RMBS. This would mean that anyone who had a Countrywide home loan has no more obligation. BofA just cut their own throat….http://shortsaledailynews.com/california-judge-rules-for-bank-of-america/

    • Tim Bryant says:

      Anyone who has lost their home by BofA, if they originally had Countrywide, should contest a wrongful foreclosure.

      • Can't Lose it All says:

        Omg, I’m text book to everything that’s been said, And lost beyond. I started with cw which we all know is BofA now. Asked right away in 2007 how to refi was told to hold off. Then I was told I should get behind a few payments to show I needed the help. BofA is short selling my home right now. Auction maybe at the end of the month. Can’t breath having trouble knowing what to do. I have a hard time talking with people and sticking up for myself. Just lost my mom, my business,my husband now my home…Do I really have rights to keep my home? The acting realtor says I have no chance at all. I know I sound whiny. Your comments are the 1st hope I’ve had.

    • Readdocs says:

      Who is then responsible for the Countrywide liabilities?

      • Tim Bryant says:

        That will probably be answered when Countrywide borrowers who had their houses foreclosed by BofA, go back to court challenging the foreclosures. The court obscured the lines of successor liability, so BofA would need to show that the CW securitizations were not “de facto”. That would be nearly impossible for them to do given the PSA language and the 25% investor resolutions needed to approve a merger under an RMBS.

        Where the biggest question comes into play on this decision, is in respect to MERS. The membership in MERS by CW would be a “de facto” merger under the judges decision. That would mean MERS authority for the mortgages, as nominee for CW, ceased effective June 1, 2008. Since BofA is not mentioned in the mortgages, and they are no longer automatically a “successor”, neither MERS, nor BofA, nor any trustee / investor have standing as a successor in interest, unless and until THEY can prove they have standing.

        BofA did homeowners a tremendous favor with this decision. The ball is in our court now. BofA needs to prove standing. Any homeowner facing (or faced) an action by BofA or MERS (if they had CW originally), should file motions to dismiss due to lack of standing, citing this case. If you thought the doc fraud was already bad, wait until BofA is creating false docs showing any type of de jeun mergers, for RMBS and MERS.

      • Sally says:

        When you refer to borrowers who had CW “originally,” would that include the loans that were sold to CW for servicing before BOA bought CW?

    • Doug says:

      That is beautiful, ha ha ha ! I knew there was a reason for me to keep getting these e mails !!!

    • BSTL says:

      It should be clear that BOA’s liabilities are not limited to CW. BOA issued scores of RMBS themselves.

      • Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp) says:

        And then there are the loans written as “America’s Wholesale Lender – A Corporation”. They also claimed right in the Deed of Trust that it was a NEW YORK corporation. Well, on the dates when most of those loans were recorded, NO SUCH CORPORATION existed as yet in the state of New York. Eventually a corporation WAS formed in New York in that name. However, no connection really exists between the corporation named on those loans and the corporation that someone eventually decided to register at a later date.

        Do NOT get fooled by the D/B/A status CountryWide filed in many localities claiming AWL to be it’s trade name. If your loan says CountryWide D/B/A America’s Wholesale Lender, only then is it possibly the valid usage of the D/B/A status.

        If the mortgage asserts that AWL is a CORPORATION, then the D/B/A entity claimed by CountryWide is NOT the same beast.

        Just like there are dangers for BofA to have claimed it is not the successor to CountryWide, so too are there dangers for a company that tries to assert that a tradename is a corporation without any such proper filings of said corporation.

      • Tim Bryant says:

        From how I read the decision, I believe AWL would also be a de facto merger, and invalid for successor liability.

      • Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp) says:

        @ Tim Bryant

        “From how I read the decision, I believe AWL would also be a de facto merger, and invalid for successor liability.”

        If you are dealing with a loan that documented the lender as the “D/B/A” of CountryWide, I agree with you.

        IF the loan instead documents the lender as “AWL – the Corporation”, I disagree strongly.

        A corporation that was never FORMED? This lender is a non-entity. If CountryWIde could have claimed a ‘de facto’ merger with it’s erstwhile offshoot, it would not have ended up with such cases as the ‘Pagano’ and the ‘Silverstein’ decisions against it’s usage of a TRADE NAME on these loans.

        You see, years ago, when CountryWide was issuing these same mortgages in the name of this never-formed corporation, it tried to foreclose in the name of “America’s Wholesale Lender”. Since that time it uses other ruses, typically either the false usage of the ‘D/B/A” or even an assignment via MERS. They are all ruses.

      • Tim Bryant says:

        Hell no…

        Your point is spot on. The decision clearly states that an entity formed after the de jeun merger would not have standing as it was not part of the merger deal. Not even being incorporated at the time would be far worse. If the loan was securitized, it would be an SEC violation for fraud in the sales and representation of securities. BTW, the SEC has already disgorged CW for this, and there is a prevention order to cease and desist.

      • Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp) says:

        @ Tim Bryant

        If that SEC order has any teeth to it, do you realize how many of these “AWL Corp’ loans are out there and how many are being foreclosed on?

        Do I search the SEC site?

        BTW, I started hammering on MERS on another thread, questioning why no one has gone after MERS for allowing a CountryWIde to acquire MIN numbers for the “AWL Corp” loans.

        Since AWL Corp never existed, there is not a shread of a possible way for MERS to be a nominee for a non-existent corporation.

        Why not also get a ruling against MERS?

        Do you have a link handy for that SEC ruling on CW?

      • Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp) says:

        @ Tim Bryant,

        For all those others out there with these “America’s Wholesale Lender – A Corporation” loans: The deed and the note BOTH list the corporation, AWL, as being a New York Corporation. (Absent Without Leave is such a good acronym fro these loans)

        Now if you go to the NY site, don’t give up when you see that the IS a listing for “America’s Wholesale Lender Inc” shown.

        Check the FULL content of that listing. It is entered as of 12/16/2008 which is AFTER most of these WILD loans.

        Also, note that the information on who formed the corporation is not related to CountryWide or to Bank Amerifraud at all..

        What BofA uses is the CountryWide attempt at a ‘D/B/A’ or the generation of blatantly false documents like I have thanks to Litton.

        BTW, given that ‘my’ phony assignment was generated after court proceedings had begun, these documents are very intentional attempts to mislead the court and commit fraud on the court.

        Even if BofA tried to acquire this other ‘AWL Inc’, it is of the wrong VINTAGE for most of the loans in question. This AWL Inc was even formed AFER the date of BofA’s take-over of CountryWIde.

        IF people don’t LOOK to hard, ALL of the fraud just flies by.

    • TC says:

      Awesome info for me on this thread.

      I have a “Countrywide” loan – (serviced by BofA), but it’s actually AWL.

      On the 2nd page of my Deed of Trust (dated 07/26/06) it reads:
      (C) “Lender” is:
      AMERICA’S WHOLESALE LENDER
      Lender is a CORPORATION
      organized and existing under the laws of NEW YORK
      Lender’s address is:
      4500 Park Granada MSN# SVB-314, Calabasas, CA 91302-1613

      An attorney has already told me this “Lender” is not really a corporation.

      The only place on my Deed of Trust where the name Countrywide appears is on the first page above the “recording data” line (it reads):
      After Recording Return To:
      Countrywide Home Loans, Inc.

      • Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp) says:

        Yes, TC, welcome to the ‘AWL’ club.

        It is a club that could have a LOT of members if people were to wise up. We don’t even have to worry about CW/BofA doing a late creation of the AWL corp in NY. Someone else already did that.

        My own ‘AWL’ is from the prior year but thanks to BofA resisting the CW mod (an ‘AG mod’), my servicing was moved to Litton.

        Litton created an assignment 5 years too late. It is quite a creation in terms of impossibilities. Since WHEN can MERS assign both the deed and the NOTE? This impossible assignment document is very fitting since the lender never existed,

      • Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp) says:

        Also, TC. I would recommend you always refer to that as an ‘AWL’ loan.

        You do not want an attorney working for you to refer to it as a CW loan in dealings with the court. Unfortunately, there have been attorneys who blundered in court.

        CountryWide was only your previous SERVICER, never your LENDER.

      • Tim Bryant says:

        Here is an interesting case naming AWL, CW, BofA, etc. It is pretty vivid in it;s descriptions of these companies. May be one to watch…

        Click to access bankofamerica.pdf

      • Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp) says:

        @ Tim Bryant,

        While that case you cite is of interest, I did not find any mention of “AWL Corp” or “America’s Wholesale Lender” anywhere in it. Was there possibly a separate ‘AWL’ suit?

        I would think that the other attack mentioned earlier here regarding AWL not being formed as the claimed corporation as a far easier attack on AWL loans.

      • Tim Bryant says:

        Anyone who wants to look up SEC info on a person or company, here is the link…

        http://sec.gov/search/search.htm

      • Tim Bryant says:

        Hell no,

        You will like this one. Read the first notice carefully, and see how AWL, now defunct, appointed a substitute trustee to a loan in which they are not any part of the RMBS…The 2nd link is the actual PSA.

        Click to access DeSotoa.pdf

        http://www.secinfo.com/d16VAy.1Xy.d.htm#63wf

      • Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp) says:

        @ Tim Bryant

        Since “America’s Wholesale Lender” is listed as a corporation yet the one that REALLY exists by that name is unrelated, will BofA try to avoid reporting the funds from that sale on its books?

        How can they handle this without an IRS problem themselves, or possibly on the part of the company that was formed in NY in 2008?

        I know this is hardly a blip on their corporate balance sheets but I’m still wondering how they can take in money in the name of a TRADE NAME?

      • Tim Bryant says:

        Hell no,

        Does AWL list anywhere the state they claim to be incorporated. This info could be looked up on that Secretary of State’s site. If they are not actually incorporated, or were not at the time, they have no authority to operate as a business. This could create an estoppel by operation of law.

    • Catherine Mc Manus says:

      thanks Tim Bryant-I have not lost to CountryFried yet….Your post is very uplifting for me.
      My lis pendens was served Jan. 2009-Marshall Watson Firm-my county court Judge has been changed
      three times. 2009 One of the Judges retired early-was quoted in the local news as saying he was “tired of
      South Florida Lawyers, smoking Cubaleros (spelling?)-not even responding to his court with Phone In priviledges”. Judge John Doyle.
      Aug 2010- My Pro Bono-God Bless him- Attorney filed a Motion for IN CAMERA INSPECTION OF DOCUMENTS NOTATED TRADE SECRET-these so called “Trade Secrets” were used on most of their answers to “Discovery Motion”. The new Judge sent them a Lack of Prosecution Notice to even get their
      response-they filed/faxed- non-answers-the very last hour of the deadline !
      June 2010 My Attorney said Watsons Office- “answered/responded” to this Discovery (13 questions) with NON ANSWERS which are totally unacceptable-not even a mortgage balance !
      Aug 2010 my Attorney had to file a NOTICE OF ADDRESS-watsons Office was sending his mail to the wrong address-which is on file with the court.
      So here I sit here hoping the Sheriff will not come or come home to find changed locks.
      Thanks for any info on Countryfried/BOA/MERS-Mortgages & Note-which are BIFURCATED. I did not sign the NOTE-I did sign the Mortgage-Homestead Tax Exempt for ten years.

      • Tim Bryant says:

        In light of the recent CA decision, you should contact your attorney again, and have BofA provide documents showing that they have successor interest on your mortgage. If they do not prove this, go to court for quiet title. MERS definitely has no successor interest to CW. I do not believe that BofA could prove successor interest in a mortgage from CW assigned to MERS as nominee, as MERS claims to hold the legal title as mortgagee. If BofA has no successor interest, you are no longer liable to anyone, as MERS, is bankruptcy remote and cannot hold any assets on their own.

      • enough already of this b-ll sh-t says:

        @tim bryant I have no assignment of mortgage recored in my county yet wells fargo has called them selves my sevicer since i started this in 2009. can you explain this. on a post someone told no AOM because wells fargo prob has the original, but since they are the servicer there is needs to be an assignment giving the right of my note back to them am i correct?

      • Tim Bryant says:

        enough already…

        Who is the original lender and/or servicer?

  63. Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp) says:

    Does anyone know if the “MERS” corporate stamp is actually optional?

    I have seen some documents where the wording indicated the document was not valid unless it had that corporated stamp. At the same time, I have seen other documents, also generated by Litton employees, that had no stamp and no reference to any such cheap stamp. (It costs all of $25 to buy it from MERS. I guess Litton either wore theirs out or did not buy enough of them.

  64. Marie D'laney says:

    The Case Against Allowing Mortgage Electronic Registration Systems, Inc. (MERS) to Initiate Foreclosure Proceedings

    http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1791896

    Nolan Robinson
    Benjamin N. Cardozo School of Law

    I am no attorney but I you have court cases with MERS I would submit a Judicial Notice to the court with attached document!

    • Tim Bryant says:

      There is another area of law to look at with respect to MERS…..labor law. There are numerous “joint employment”, “employee misclassification”, and “underground economy” laws. MERS members are signing as MERS employees. Nowhere on the docs do they state they are employees of their real employers, with membership by MERSCORP, Inc. They are claiming to hold actual employee positions, which they cannot hold for both companies. Not only would it be a conflict of interest, it would be joint employment, which would hold MERSCORP, Inc regulatory responsible for the same employee (i.e. employment taxes, etc.)

      • Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp) says:

        I commented about this issue of ‘dual employment’ in an additional light on another site over a year ago: frequently the person is claiming to be an employee of a bank or other regulated institution. These regulated companies can have requirements that any ‘dual employee’ has to have specific approval from the board of directors.Even Judges have not initially realized the document signers were neither an employ of MERS nor an employee of the company which MERS was supposedly allowing the person to sign for as a ‘nominee’.

        I never saw anyone take an interest in that argument either. Not only do these people not typically even have the credentials they need from MERS, the banks that they are signing for have never recognized these people as their employees, much less a ‘dual employment’ situation.

        Even for state-regulated banks, there are likely similar rules, especially when the employee is signing such supposedly important documents.

        So, I would actually say these signers need to be truly recognized as employees of ALL the institutions they are signing on behalf of. I don’t think the boards of all these banks can have this many multi-hate-wearing employees. I think the norm is to have just a person shared with one other company, not the multi-headed beast that MERS employees seemingly are.

      • Tim Bryant says:

        I submitted a complaint to the Massachusetts Task Force for the Underground Economy and Employee Misclassification. This Task Force was created under Governor Deval Patrick by Executive Order 499. I will let you know if anything transpires.

  65. Hydesdocs says:

    Is MERS planning to outsource their storage of database to another nation? The database is located in the
    D/FW area….is this to be moved out of country? B0A has some of their banking call centers now located out of country, are more banks planning on doing the same? If they move their data out of country, how will investigations involving search warrants gong to work?

    • marilyn lane says:

      Did you ever try to get your computer repaired talking with an agent in another country? They don’t know what you are saying and you sure don’t under stand what they are saying? That is probably the reason they are going to out source.

      Fits in with the rest of the Bank’s scams.

    • HammerTime says:

      Great point! Exactly what’s been going through my head. Isn’t outsourcing supposed to be about efficiency? Prob applies more to what Marilyn is saying about call centers. Isn’t all this tech supposed to remove the human labor factor? Guess they’re planning to fake more docs or another toxic loan boom.

      • Katheryn says:

        I’m not sure about the efficiency, but what I do know is, it is about MONEY like everything else. Companies that outsource jobs to other countries that are highly profitable companies still don’t want to pay US wages when they can pay a person in a third world country $50 a month. Just like the destruction banking and fraudstreet caused, unemployment keeps rising due to the outsourcing. Companies that do this do not care about this country or the folks who live here. In addition you have machine technology replacing the need for humans. This is all while inflation is rising. The country needs a total readjustment!

      • HammerTime says:

        Like I said SUPPOSED to be…it’s how they’ve sold every politician and avg Joe that everything will trickle down and it’s good for us. Beyond blatant corporate welfare types. Efficient in terms of numbers, quality not so much. And added bonus no whistle blowers!

  66. Tim Bryant says:

    I am looking to see if anyone has any docs with signatures of a Linda Hall. I am researching a possible forged Warranty Deed and HUD-1 settlement statement. Any help would be appreciated…..thanx

    • Hydesdocs says:

      That is a crock, of finding a path of least resistance instead of going after these entities for criminal action.
      A mere slap on the wrist that allows them to set up new scams to take the rubes. They need to have the fear of God and death put into them. It needs to be put in such terms they’ll never contemplate going down that
      path ever again.

    • Tim Bryant says:

      In the old days, this used to be called obstruction of justice and witness tampering. Nowadays it is just “technical issues” with “negotiations”.

      Another clear showing that justice is no longer blind. Her scales have been shifted by the weight of campaign contributions being received by the attorney generals.

      I think justice is only going to come at the hands of the people……a sad state of affairs!!

  67. Hydesdocs says:

    What is this? A new game in town?
    Friends bought a house last November, using a VA loan. They have been approached by a broker with Ameribank offering to refinance them with no origination fee, or other closing costs with the mortgage interest
    at 3%. The broker is coming to their house to persuade them to the refinance. There are flags, but I am not
    able to ascertain as I am not familiar with Ameribank.. I have been scanning excerpts where branches have
    been closed down to over extending on loans. Is this just a new layer to the same old mortgage scam?
    She’s wanting to know what kinds of questions to ask, so she’ll not be blindsided later on by some thing popping
    up as a problem.

    • Kay says:

      Ameribank was closed by the FDIC in 2007

    • marilyn lane says:

      Alot of people can be fooled by alot of things. And here is another believe it or not.

      The Paramount law for stopping Foreclosures is written in our Constitution.

      Art 1. Para 10 Cl 1 – …no state shall coin money, nor emit bills of credit…

      So, when you signed your mortgage if the bank that wrote the check to you based it on their
      5% or 10 % reserve rule – the rest being the bans credit, THAT MORTGAGE CONTRACT
      IS ULTRA VIRES – ILLEGAL.

      There is not a bank charter that allows a bank to lend its credit. A bank can only lends its money.

      This truth is a very unpopular issue with the banks, with many judges, with the regulators, with wall street and all those maing alot of money from this scam.

      It is us, we the people who are going to lose from this massive ponzi fraud, IF WE LET THEM.

  68. Alan says:

    Has anyone heard of or dealt with a “Susan Smothers” from Cal Western Reconveyance? Does anyone know if she really exists or has been accused of forging documents?

    • Tim Bryant says:

      She appears to be a real person working for Cal Western Reconveyance in El Cajon, CA. You can compare the signature to this document….

      ftp://ftp.skagitcounty.net/RecordingImages/2008/11/14/200811140102.pdf

      • Alan says:

        Still seems very odd given the fact she signed my documents in May of 2008 as “Assistant Secretary” and then signed your docs in November of 2008 as “Assistant Vice President” (at least that what I think AVP means). How do you go from Assistant Secretary to Assistant VP in 6 months?

    • HammerTime says:

      Thanks for posting. Good to compare. Mine shows blank or AUTHORIZED SIGNATURE instead of signature which can help my case. May help yours in overall inconsistency or maybe focus on assignment?

      • Alan says:

        Please let me know if you find anything out of the ordinary with her or Cal Western. I would appreciate it.

  69. Ohioan says:

    Folks,

    There are different ways in which we can bring about free market reform and really solve the mortgage problems that many of our citizens are battling.
    1) Fight the fraudulent filings in Court .
    2) Take collective action to shut down the wrongdoers on Wall Street. Only the wrongdoers mind you.
    Please take a look at this url:

    While the steps may seem extreme, when no one else is willing straighten the house, we the people have to speak out loud and clear about rightsizing the “players” on Wall Street, and remove the nexus between them and our elected officials.

    Watch for more posts on this topic soon.

    • more and more lies says:

      please let us know we all want to be involved. wells fargo must be vrought down to. i am under so much diress right now. the lies going on for 3 yrs already. i have had enough!!!

  70. Hydesdocs says:

    Check the market ticker for his latest on the Arizona bill that disappeared and who is actually responsible for
    this bill disappearing.
    http://market-ticker.org/akcs-www?post=185027

    So there’s two scenarios on how hundreds of millions/billions are being made off of home mortgages.
    Being used to defraud the home owner and the investors
    Or bundled, split to be sold again as derivatives shorted (bet/insurance) that the majority of mortgages
    would fail.
    Then all they needed then was the right bait to lure the rubes in to bite and get taken to the cleaners.

    • enough already says:

      hey DOC+- thank you for telling it like it is . so where is our president why does he allow this to keep goingg on. if this is fraud. fraud upon us we need to find away to stop this before we all lose our houses. wells fargo is trying so desparatly to get me out of my house. they are lieing to the OCC, lieing to me. losing my paper work. its enough i have had enough. please what can we do to stop this.

      • Hydesdocs says:

        I’m no lawyer, but if the bank is already getting aggressive with you, write them a letter asking who owns
        your note? Also you need to lawyer up. If they don’t have/own you note, who does? The consequences of this wide spreading with a chance of your home ending up without a clear title ever.
        Plus remember you are not alone, there are millions out there just like you.

      • Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp) says:

        OUR president? OURS? He is bought and paid for by Wall St and the banks.

        He wants the ‘dead-beats’ to move on so they can ‘clear the backlog’ of foreclosures. Selling these homes with their clouded titles is supposed to improve the economy.

        If that is supposed to work, they need to speed things up: latest figures for unemployment are just in and they are BAD.

  71. Rodney W. Adams says:

    I’m in eminent default on my Tampa, FL home. I have not been served foreclosure papers, yet, but I expect it’s forthcoming. I appliend with BOA for a HAMP home modification in Aug 2010. I sent them a RMA, hardship letter, P&L from my startup business. On Jan13, 2011, I received a letter from BOA stating they needed a 4506-T & Utility Bill from me. The letter dated Jan 13, 2011, needed the info from me by Jan 6, 2011 or the file would be closed. Why this was post dated is unknown to me. I sent the info needed to them via certified mail. On March 4, 2011, I received a phone call from a BOA customer service rep. She stated they needed a copy of my RMA, P&L and hardship letter to qualify me for HAMP. She stated they needed this by Saturday, March 5, 2011 in order to process. I got her email address in order to try and comply with request. I emailed the BOA rep and got no response. I called and got no answer. I emailed again and got a message the email was no longer valid. What happened to my P&L, RMA, hardship letter previously sent to BOA? I received another letter from BOA on March 10, 2011 stating I was no eligible for HAMP because I “did not provide BOA with documents requested”. I contacted BOA about my HAMP request and another CS rep stated my file was closed and she would not speak to me on HAMP. She did suggest a Short Sale option, Deed in Lieu or Foreclosure. Why is my bank treating me like this? I followed directions, tried to keep communications. It’s like doing business with Mafia. Anyway, I found a gentleman that has developed an analysis of the financial impact to the mortgage company/investors of the alternatives to foreclosure compared with the cost of foreclosing on your property. It’s called a R.E.S.T report (Real Estate Services & Technology). A Rest Report is a “game changer”, when it comes to obtaining a loan modification, as you come armed with the same documentation that the mortgage company and U.S. Treasury Department will examine to determine your rights to a mortgage modification. The REST report has helped give me knowledge & understanding to speak with the bank, keeps me from getting transferred from dept to dept and has lowered my stress by giving me options and determin a plan of action as regards to my home. This guy is passionate about helping home owners and WILL NOT let the “banksters” overlook the irrefutable facts that may support a HAMP modification. His name is James Aitken @ (813) 333.6530. He well worth a call to give ALL homeowners needing help with their home loans. By the way, I’m still fighting with BOA but I have a clear understanding of how I’m going to handle my home loan. Thanks, Rodney W. Adams

    • enough already says:

      hi rodney i have had the same treatment from wells fargo bank. have you ever watched the movie the inside job? all our loans have whats called derivitives, or aka insurance on us failing. 30 yrs was t olong to wait. if our loans fail the inveators get millions of dollars. the run around is on purpose. to make you move out. once it is determine oyu have moved out. the wolves move in . it is an uncontested foreclosure. BAM!! moola and losts it. if we stay the course and hire an attourney and defend they have to spend money to they dont liek that. and if oyu have fraud like we do eeven better. i also have been through the ringer with wells fargo. in dec 2010 the loan proccessor working on my file had her computer password hacked and they moved my file. then they took her off my case. then feb/20011 they wanted my financials again. i sent it fed ex have the tracking # and signee. they lost it and also denied a hamp loan for failure to submit the papers ork. i complained to OCC. wells fargo lied to them to. then to make matters imcredibly owrse wells fargo puts the loan proccessors whose computer was hacked back on my case. man this is an incredible story except he name shave not been changed to protect the innicent. keep plugging join foreclosure hamlet.com still in my house and i have an attourney now. good luck

    • pamelag says:

      they will not modify or help you in any way. there is no $$ in it for them.

  72. marilyn lane says:

    During the 1980’s S & L Scandals William P Foley Ceo of Fidelity National Title, former Chair of LPS DOCX,
    FIS etc. was associated with a S & L, does anyone know which one?

    William P Foley is at the helm of all the racketeering going on and at the heart of 95% of all the fraudulent foreclosures.in this country..

    • Mrs Doutfire says:

      CLASS ACTION on forced placed insurance!!! BOA and several other banks for Balboa Insurance can even be back as far as 2006 Go look at http://www.consumerclasslaw.com

      Has info to contact them on website. They are getting ready now to file so you can still join the class action.

      • marilyn lane says:

        Thanks Mrs Doutfire I looked at the Class Action but I have a different issue with William P Foley. My issue was not that I bought Title insurance from Fidelity. (although I did buy it from Chicago Title before they became part of Fidelity Title

        I have come along in the process of getting my two properties back.
        Astoria Federal S & L sold my two condos without ever owning them and when the new attorneys from Astoria looked at the facts and the dates they knew that Forged Deeds meant that the title companies that knowing insured the forged deeds had to indemnify their clients.

        The Title companies did not want to Indemnify but wanted to be iNTERVENORS INSTEAD AND BE HEARD; and what they told the court was Time makes Forged deeds good.

        Fidelity and Coronet attorneys told Judge Alice Schlesinger ” we have equity” and the only equity they
        were speaking of was money under the table for Judge Schlesinger of New York Supreme Court and she ruled against a famous US Supreme Court case Elliot v. Piersol.

        It was then I wrote a simple letter to William P Foley CEO of Fidelity National Title.
        “what went wrong that your NY attorney Thomas Malone finds himself fighting for a Forged Deed?”
        I(I will have to wait to go to the library to post the rest cause again I have a hacker on my computer”

      • marilyn lane says:

        .”Mrs. Doutfire (cont. my unfinsihed post)
        Fidelity’s answer to me “…it is proper…” made me know I was dealing with a racketeering company.

        title companys have the obligation to discover and divulge before issuing title insurance.

        When true owners get their properties back they will have a second fight against the title companies that insured the bad titles for the people in the properties.

        It doesn’t how much they Paid someone, if they did buy it from the true owner they have nothing.

        In my case the title attorneys knew they were insuring forged deeds but never counted on me getting on my feet again and what they didnn’t know is what a fighter I am.

      • HammerTime says:

        Greta info! This is where we need to connect the dots. Where was the due diligence?

  73. When I think of Brian Moynihan or Barabra Desoer, I think of the song by John Lennon called Piggies:
    So if it walks like a piggy, talks like a piggy, by golly it’s a PIGGY!
    .

    WHERE IS MY LOAN MODIFICATION BANK OF DESTROYING AMERICA!
    .
    BofA and it’s CEO Brian Moynihan reminds me of that song by John Lennon and George Harrison titled “Piggies” I invite you to listen to this song on youtube and see if it appropriately fits.
    .

    .
    Have you seen the little piggies
    Crawling in the dirt
    And for all the little piggies
    Life is getting worse
    Always having dirt to play around in.
    .
    Have you seen the bigger piggies
    In their starched white shirts
    You will find the bigger piggies
    Stirring up the dirt
    Always have clean shirts to play around in.
    .
    In their ties with all their backing
    They don’t care what goes on around
    In their eyes there’s something lacking
    What they need’s a damn good whacking.
    .
    Everywhere there’s lots of piggies
    Living piggy lives
    You can see them out for dinner
    With their piggy wives
    Clutching forks and knives to eat their bacon.
    .

    When I filed my lawsuit against Bank of America, I thought of the many others out there in the same situation. It was then that we decided to educate the public on what these piggy banks are doing, as well as unite us all together as one voice. Please help me turn this David vs. Goliath modification process, into a Goliath vs. Goliath.
    .
    Please stand with me and Brookstone Law Firm, and send an email to Bank of Abusing America that states that we will no longer tolerate their potentially illegal, fraudulent, irregular and abusive business methods.
    .
    So please send your email directly to Bank of America and include the following:
    .
    1. Your name
    2. Your complaint concerning your experience with Bank of America.
    3. Please end your email “I support John Wright vs. BofA Lawsuit!”
    4. Please send a copy of your email to piggybankblog@earthlink.net
    5. Please send your email to BofA CEO Brian Moynihan:
    brian.t.moynihan@bankofamerica.com
    .
    I HAVE HAD ENOUGH AND I AM FIGHTING BACK!
    .
    I have created piggybankblog.com for all of those who have been abused by Bank of Destroying Americas potentially irregular, fraudulent and simply abusive home loan modification process.
    .
    Divided we might have fell America. UNITED WE MUST STAND!
    .

    .
    My name is John Wright AND I AM FIGHTING BACK!
    .
    John Wright
    piggybankblog.com

  74. Mad as hell in Maryland says:

    Lucy,
    Great reporting. I am originally from Hawaii, with most of my family still there. It still amazes me to hear the kind of things I hear going on there. Are there any attorneys there who are able to help the homeowners? People, you must contest EVERYTHING. No note, speak up. No originals, speak up. FIGHT EVERYTHING. Conceed nothing.
    We have been fighting the fight here in Maryland, and actually getting somewhere. Robo signers, forged ‘orignal’ notes, un-dated, blank, assignments (allonges).
    I believe the tide is turning, albeit slowly.
    Good luck to all, and if anyone knows of good legal representation in Hawaii, please post contact information.
    Aloha.

  75. lucy jokiel says:

    I am the editor of the Honolulu Weekly and just did a cover story on the Foreclosure Fraud in Hawaii by Bank of America. Go to honoluluweekly.com to read cover story. (4/20/11). I would appreciate any feedback and might be able to use it as a letter to the editor. Aloha! Lucy Jokiel

    • jstick says:

      Very thorough article Lucy!
      The Census Bureau reports that 11 percent of all U.S. residences are now empty, that’s an astounding 18.4 million homes, and projections show millions more in the foreclosure pipeline between now and Dec. 2012. This huge inventory of unsold properties will take years to unload while the tsunami of empty units steadily drives down the value of all homes, pushes more borrowers underwater, keeps homebuilders hamstrung, and qualified buyers waiting until values “hit bottom.”
      The only answer is to force lenders to modify upside-down mortgages back to current market values — allowing homeowners to remain in their homes making payments they can afford while rebuilding their equity. This will slow the overwhelming onslaught of foreclosures, reduce the flood of empty homes onto the market, keep neighborhoods from deteriorating any further, and offer some hope that real estate will one day recover. Without this approach the downward death spiral will continue and the nation will not see an economic turnaround in the foreseeable future.

      • Jay Spencer says:

        @jstick (and the rest of the forum): You said in your post of April 22, “The only answer is to force lenders to modify upside-down mortgages back to current market values — allowing homeowners to remain in their homes making payments they can afford while rebuilding their equity.”

        Modifying mortgages is not the answer. Today’s (and tomorrow’s) global financial crash is the planned result of the ongoing criminal conspiracy of the banksters. Would you ask Al Capone to give you a better deal on your extortion payments? The answer is to expose the criminal banksters and all the co-conspirators they have bought, put them in jail, confiscate the wealth they stole, and find a way to equitably redistribute this wealth to the victims—which includes every American who’s not in their “club.” A big job, but we must make it happen or we will all die as their slaves.

    • Rob says:

      Yes, a nice article indeed. As someone else pointed out, the profits predicated on higher interest rate payments led to the artificial inflation of home prices everywhere. Add to this the unemployment caused (again) by the actions of the financial industry over the last decade and you have the unfortunate situation faced by many of the good residents of Hawaii. All of us have to join hands in this fight to restore balance in the various sectors of our society. You should urge those residents who have been subject to fraudulent foreclosure practices to engage an attorney and get their foreclosure filings dismissed. At least that is what we have done in Ohio. Keep up the good work.

    • Hell NO - No More Bailouts says:

      Lucy,

      BofA is attempting to blur the statistics by having the foreclosures occur in the name of the servicer. While some part of what is now BofA was the original lender, the servicing that BofA or CountryWide originally retained can be moved off to some low-life, hell-bent on foreclosure ‘servicer’ cum-debt collector such as Litton Loan Servicing. This also seems to keep these foreclosure actions from getting the attention garnered by foreclosures done in the name of BofA.

      Litton uses MERS to replace the original Trustee with some place such as ‘Quality Loan Servicing’ and then Litton (agan using MERS) will concoct the assignment of the Deed of Trust, even after the replacement Trustee files the NOD.

      Litton uses MERS to do that Substitution of Trustee, even where the Deed of Trust very specifically states that ONLY the LENDER may replace the Trustee. Where the named LENDER on the DOT no longer exists, Litton forges ahead with these fraudulent documents.

      That DOT also fails to specify WHAT the NOMINEE role conferred on MERS by the LENDER is to have MERS perform.Also, the NOMINEE role is legally SUPPOSED to end when the LENDER ceases to exist.

      Cases have already been settled on the restrictions on what MERS can do. Even in CA, certain judges have ruled MERS can’t assign. PERIOD.

      Now to see that the DOT did not allow MERS to substitute the trustee, yet this replacement Trustee is the one filing the NOD, raises the question: Should the attorneys start suing under the FDCPA claiming that the NOT is an illegal act reflecting on the borrower’s credit when there was no just cause for this entity to make the assertion?

  76. Rob D. says:

    Is there anyone that would like to meet in or near Columbus Ohio for a happy hour get together? I’ve met a few folks whose homes are in the foreclosure pipeline but are too confused or afraid to fight back. Collectively we do a better job of fighting these rouge banks who are out to #%*^@ the average citizen.

  77. Anyone that needs assistance in OHIO – we will try an help at OHIO FRAUDCLOSURE

    http://ohiofraudclosure.blogspot.com/

    or email us at

    ohiofraudclosure@gmail.com

  78. Katheryn says:

    OMG Anyone watching CNBC, Erin Burnett…Squak on the Street. She has an executive of Deutsche Bank and a politician on. I did not catch names, however, in the five minutes of viewing this is what I caught.

    The solution to the housing glut is to bulldoze all foreclosed houses down. According to Burnett..by the time these houses get re-sold, potential buyers will not like the paint colors, appliances, lighting fixtures, etc., in these outdated or not kept up properties. It would be more cost efficient to let builders come in a build new homes for potential buyers who can actually afford to buy. It will make these buyers “feel” better to be getting brand new up-dated homes. The dufus from Deutsche bank was grinning from ear to ear saying she was exactly correct and the only solution to the falling home prices is to clear them out and start over. He said they have been pushing this idea but the gov does not want to put the cost of this project on the taxpayers. So the politician chimed in with his 2cents and said that the owner of record that was foreclosed upon should bear the cost of the house being buldozed down. That is the only fair way. The boob from Deutsche said they agree, however, what if you can’t get the money from them? The politician boob said the gov. could handle that. I really could not believe what I was hearing and at first stopped to listen as I was cleaning my house thinking that they were not serious….however, they were very serious. So be on the look-out at this new proposed solution to the housing crisis. It was hard to listen to this Erin, airhead. She is the news commentator and all she could talk about with any intelligence…was buldozing houses down because of the outdated decor. I guess being a tv commentator beats the salary of an interior decorator!

    • “Curiouser and curiouser” said Alice! And, is this beginning to sound like wonderland?

      After dozing the unattractive, will we then move on to dozing the antiquated? Great times in court with the histerical preservation pitted against the dozer army.

      • Katheryn says:

        Maybe I’m the one who needs the pills cause if it is not wonderland then it’s gotta be the Twlight Zone. I can’t believe not one word out of any of the three bozos mouths to do with the displaced men, women and children or anything. Just build pretty new houses for the pretty new buyers and lets just push this dust under the rug and get on with our lives. I can’t believe anyone could be that stupid to broadcast that even if they believed it.

  79. enough already of this b-ll sh-t says:

    @ TIM THANK YOU GREAT LETTRE.
    need some info when i did an in house mod with wells fargo, i went to my local wachovia branch. the notary there signed with me. i heard an employ of the entity giving you the loan can ot notarize. so it was fraud conflict of intrest

    • Tim Bryant says:

      Sorry, that one is out of my league.

      I believe that a notary has to be a witness, and not a signatory, but I am not sure.

      • The notary although hired by the bank and as an employee is non the less a commissioned public officer of the state usually prohibited from double dipping or getting paid twice and required to have a bond in the performance of the duty to be a witness to signatures and that the person has personal knowledge of the text that their signature is undersigned or if being duly sworn the notary is authorized to administer oaths subject to the penalties for perjury when someone is actually being duly sworn such as when taking the stand and nothing in the essential elements is neglected in duly swearing someone under oath.

        If the notary charged you anything for this in house service convenience then that might be illegal, but witnessing anyones signature is not a conflict of interest as all the notary is doing is confirming that the person that is signing is the person by looking at a state issued photo id when not personally known to the notary to be who they say they are when signing.

        The notary is first and foremost a public official of the state.

  80. Has anyone looked at the issue of MI? Most borrowers are made to pay for insurance for which they have no access to the policy. Who is the beneficiary on your MI? A mortgage insurance must be the same as any other insurance. It must have a purchaser (me) and a beneficiary. (the lender?) Who is the beneficiary of your mortgage insurance? The lender>? The servicer? the loan shark on the corner? If I pay for it am I not entitled to the copy of the policy? If I’m about to buy a horse am I not entitled to look at its teeth?

    • Rob D. says:

      It certainly begs the question: Who is the real master the Finance Industry or the citizen?

      Repost of my comments posted on The Columbus Dispatch:
      When a Bank (broker/originator/servicer/trustee/investor/whoever) offers a product where excessive profits are collected up front, leaving the citizen who signed on the dotted line to spend a lifetime paying off those collected profits, that is very clever.
      When the same folks decide to string out a homeowner collecting payments for 12-13 months on a 3-month trial modification and then foreclose on him, now that is diabolically brilliant.
      To clear up any misunderstanding, the servicers (not the investors) actually make money on a foreclosure.
      As an aside, Bethany McLean was on the Dylan Ratigan show pointing out that [paraphrased]….”the people [main street] did not simply buy these sub-prime loans, they were SOLD these products…and there is a significant difference….”. McClean who earlier wrote “The smartest guys in the room” has a new book out called “All the Devils are here”.

      The only incentive for the Mortgage Brokers, who have no money of their own, was to do the bidding of the Banks and then collect their hefty commissions up front. I know a person who did not qualify for a sub-prime loan but was told by the broker that he would get them into a no-doc loan, AND he would help them refinance in 3 years when the rates reset. This broker has since lost his license in the State of Ohio. As far as affordable mortgages, for years on end people lived their lives with regular loans. Today loans are unaffordable because 1) prices of most items are inflated as a result of the housing bubble (deflation is already underway in the housing market), 2) society got used to living their whole lives on easily available credit (you are right about the sloppy consumer).

      The Banks still believe they do not have to work with anyone. That is why consumers have decided to stop being naive and are taking matters into their own hands – by deciding who gets to play (or not play) with their money (taxes and savings). It is strange that the finance industry which is supposed to play a facilitator role in our capitalistic system has grown to take in 35% of all business profits (http://www.businessinsider.com/too-big-to-fai… ). This could explain why more kids these days are opting out of engineering careers and looking to go to Wall Street. These imbalances are really at the root of the problem, everything else is a symptom.

  81. Katheryn says:

    Is there anyone who would like to get together in or near Philly for a happy hour event? We have three so far who would like to get together.

  82. Angry Consumer says:

    Searching for notary/robo signer signatures for comparisons. Breedlove, Crossman, Samel, Blackstun

    • nicktortelli says:

      while searching through the SEC filings for my mortgage, national city closing date august 2008, I found this in the prospectus section?

      anyone else trying to find their mortgage in these filings? Any tips would be greatly appreciated..

      Modifications

      The Servicer may modify the terms of a Mortgage Loan if such modification is
      consistent with the servicing procedures that (i) the Servicer customarily
      employs and exercises in servicing and administering mortgage loans for its own
      account and (ii) are in accordance with accepted mortgage servicing practices of
      prudent lending institutions servicing mortgage loans of the same type as the
      Mortgage Loans in the jurisdictions in which the related Mortgaged Properties
      are located. However, the Servicer is not permitted to modify any Mortgage Loan
      if such modification would:

      o forgive principal owing under such Mortgage Loan or permanently reduce
      the interest rate on such Mortgage Loan;

      o affect the amount or timing of any related payment of principal,
      interest or other amount payable thereunder;

      o in the Servicer’s judgment, materially impair the security for such
      Mortgage Loan or reduce the likelihood of timely payment of amounts due
      thereon; or

      o otherwise constitute a “significant modification” within the meaning of
      Treasury Regulations Section 1.860G-2(b);

      • Tim Bryant says:

        Check this statement against your mortgage docs. Your mortgage is a contract, and it cannot be changed unilaterally. This would be a defense for breach of contract. It is also a tort for interference with contract.

        If the wording is the same as you mortgage, no harm, no foul.

      • enough already of this b-ll sh-t says:

        well if all our PSA”S say this they are all illegal thank you we shall see told my lawyer we need to get a hold of my PSA cnat wait, bet they were not aloud to modify me and stole the maoney i gave them. they said it went into a separate account ???????? and all the lost paper work was a front to scare me out of my house hmmmmmmmmmmmm i get it

      • Tim Bryant says:

        Here is a formal letter that I have submitted to the SEC. You may do the same….

        U.S. Securities and Exchange Commission
        Office of the Secretary
        100 F Street, NE
        Washington, DC 20549-1090

        April 8, 2011

        Tim A. Bryant
        XX XXXXXXXX XXXXX
        XXXXXXX XXXXX, XX XXXXX-XXXX
        (XXX) XXX-XXXX

        Dear Sir or Ma’am;

        In accordance with Section 36(a) of the Securities Exchange Act, I am requesting a public, formal, written exemption for myself and others similarly situated, from Section 29 of the Securities Exchange Act. Any mortgage backed security sold as a true sale, where Mortgage Electronic Registration Systems, Inc. (“MERS”) is the Mortgagee of Record, cannot by contract with the borrower, ever be perfected. MERS maintains inoculation against subsequent assignments. As such, they maintain the mortgage documents, which are required by the PSAs to be endorsed through each party, to the purchaser(s). This can never be satisfied, for if MERS did endorse up to the purchaser while maintaining the Mortgagee status on record, it is a breach of the instrument, and a violation of of state public land recording law.

        In addition, many of the PSAs have clauses written into them, specifically prohibiting public recording, and retaining MERS as Mortgagee. A sale on these securities is invalid, as the note and security instrument cannot be bifurcated, thus making the debt unsecured. The investors/trustee in effect, hold the note with no proper chain of title to enforce it. Here in Massachusetts, all transactions are required to be recorded in the public land records. This recording, more often than not, never occurs. These REMICs claim to hold title to assets, but avoid at all cost, any documentation of such, either with the borrowers or the County Recorders.

        Lastly, no seller of a mortgage has any legal or constitutional right to do so through a securitization. As a seller, they assume the debt obligation as the guarantor in the PSA. There is no privity of contract, EVER, between the securitization purchasers, and the original borrowers. The borrowers contracts are under the laws of the state the property is located. The securitization is under the laws of the state of the securitization. The PSA also is in fiduciary conflict with the lenders obligations under the original note and security instrument. The PSA dictates that the lender, now a servicer under the PSA, only has the servicing authority granted under the terms of the PSA. This too, nullifies the original terms and conditions of the note and security instrument between borrower and lender.

        In effect, securitization nullifies the original debt obligation. As such, only the seller should be obligated under a contract through an MBS.

        I am formally requesting that the SEC exempt borrowers from any obligations resulting from Mortgage Backed Securitizations. They have no privity of contract, have no contractual obligations under the Securities Exchange Act, are not legally bound in any manner to the rules of the Securities and Exchange Commission, and receive no proceeds of from any sale of their debt obligation which is secured by the collateral held by the borrower.

        This issue has gone on long enough. The SEC’s silence in this matter is deafening. Now is the time to address the situation head on.

        Sincerely,

        Tim A. Bryant

    • Trevor Hitchin says:

      Dear Angry:

      I like your style. Tim you Rock.

      I was sent to the quiet corner by the board a few (many) months ago. I was over exuberant for the tidal shift here… I guess you might say I saw it early….responded with a bit too much fervor.. and was rightfully told to chill out. Story of my life… more on that later. Okay…..enough with the intros… I just read Mr. Bryant’s post and was motivated to walk the cold path to the shed….boot er up…. and chime (back) in. Nothing like putting yourself in a 6 mo timeout, eh. (or 20 yr timeout for that matter). some may get the joke.

      So listen. I got raped and pillaged by FretLife / doing-thievery-as First Horizon (get it…first horizon of the NWO)….. well anyway… I was robosigned…kicked….promised a loan mod….got one….signed/notarized/returned (with thank you card – I was raised well) only to find…

      Let’s just say the title of my soon to be released book about the perils of Texas Mortgage Companies is…..ready for this………………….

      Fur Closure

      with the little ‘um lot’ thing over the u for special emphasis.
      I shall save my barking for the appropriate tree but seriously I lost $300,000 NPV of my equity (for which I invested my roth 401k 30 yrs early to save the house from a previous owner and Boise city ‘oversight’….I couldn’t write this comedy of abuses so I will write it (make sense). It REALLY happened. So if you see this and know anyone who can track down Tony Francis (former VP First Horizon) and/or Donna Black and/or Mike Fisher V.P FretLife …. please hit me up at trevor.hitchin@gmail.com or reply all for appropriate visibility.

      The gist of it is that our City’s Mayor’s brother (Federal Judge) was not even at the Federal Summary Hearing, he dialed in….I said, ‘Your Honor, I would like it known that I have evidence of perjury, collusion, and false signatures to present to the Courts….’ again.. he dialed in and would not take the evidence. I asked for a continuance….he said no…….. I will now write my book….. oh and while your eyes are here…

      I told American Home Mortgage (holders of my current mortgage and also industry abusers) to produce the note and well they sent the original docs and well, knowing what I know now (thank you / blessings Mr. Tim) I feel like I won the lottery.. .it is a M.E.R.S. situation on my current home. I mean if they sold my loan and got paid (sercuritization) shouldn’t I be mailing most of my mortgage payment to a municipality in Sweden or a Retired Union Workers Pension Fund in Portugal? I have no problem paying my debtors, I just have a conscience. . . who are my debtors this week? And well, why should AHM get paid 2X, 3X for basically what amounts to as double and triple dipping…..

      Imagine the chaos at Albertsons (or fill in your neighborhood grocer) if you just bought a juicy Tbone (you went large) and then once you left the store, you went back in to the butcher counter and helped yourself to another steak and walked out saying “no sweat Joe ‘A.’, I already paid for it” and wave the receipt in the air behind you……uh????

      Or rather if you sold your car to someone and then sold the 30 yr promise of payments of the car to someone else, only to continue to collect payments on the same car (house) from YOU – the honest American who thoughts banks were safe (FDIC….Federal this…..American Flag that….guaranteed….Snoopy-ing Commercials, 140 years of honest reputation blah blah crap…. Just like the 3 Cups Goofball – does anyone have a conscience anymore?. .. . I hate the word scrupples but you get it right?… As a society we are going shirtsleeves to shirtsleeves in three generations and that just might be the name of book 3 (post Fur…. with um lot)

      I say we roll ’em up boys (those sleeves). Isn’t that what America is all about after all? The right to fight for what is right when it is right (undeniable). Tonight we crossed a threshold. Like the night that gal (you are out there) posted that the Judge granted the TRO on her abuser (fill in the Mortgage Fraud Co).

      Here’s an idea since if I btch I like to offer up a ‘here’s what we can do about it’….

      1. Federal Mandate to ALL mortgage industry players (NEW SHERIFF IN TOWN)

      2. Confirm ALL got the memo

      3. Instruct ALL to offer 40 / 45 / 50 year repayment plans AUTOMATICALLY, mortgage payer’s choice/delight
      (for all you thinking….but won’t the investors get mad if they don’t get their money (AGAIN) for 45 v. 30 yrs….the short and long answer is NO. They would rather stay criminals and get paid then go to prison and get called out for selling your car/loan once already…..getting paid once already….double dipping again already… you get it….

      4. Instruct ALL non-compliant parties (N.A. Banks or not) to forfeit collection rights of all monthly mortgage payments to Federal Government to avoid prosecution by US Citizens (fraudulistic immunity)

      5. within 60 days from tonight, ALL US homeowners would breath a sigh of relief, likely get down from the rooftop, and get a good nights sleep… the repayments could be afforded and adjusted as necessary and without 11 month loan application processes that fail, lead to fraud, reward criminal activity and in the end make our Federal Courts and Communities look like a joke.

      The World is not only watching, they have been laughing (and crying) for America. The world wants (NEEDS) the US to rise (fly) again. A hey before you shoot a hole in this, remember the ‘investors’ holding the notes to 80-90% of ALL residential mortgages were ALREADY paid (in full) for your (our) loans. Make yours PROVE they are above board and operating with integrity. If this is our most important monthly purchase ( can’t we as Citizens DEMAND an airtight Federal Policy to stop the madness). Tonight there are 250-300 foreclosed homes in my city (300,000) and with an average cost of 10,000-20,000 per and a horrifically lower property tax basis for all going forward…..we end up paying them for the abuse, then suffering with the side-effects….my credit is ruined for 10 years thanks to FretLife….and it was 700+ for 15 yrs prior. Can’t even get a BlockBuster card even if they hadn’t gone under…… you get the point.

      In ranching terms… it’s time to take our abusers to the woodshed. Team meeting…..I just called it.
      Peace all… sorry for typos.. cold here in Boise tonight and Bob Hendrickson and the Banksters at FretLife stole all my money… and well….from the hip is how it goes for now. You made me an honest writer Bob… karma is circular.

      Keepin’ em Honest in Boise and beyond.

      “Remember Folks, LOVE your haters (abusers/fraudsters), then report them to the proper authorites………”

      TBONE-RA / 777

      • Trevor Hitchin says:

        FOR CLARITY

        So if you see this and know anyone who can track down Tony Francis (former VP First Horizon) and/or Donna Black and/or Mike Fisher V.P FretLife …. please hit me up at trevor.hitchin@gmail.com or reply all for appropriate visibility.

        This was for ROBO-SIGNING evidence only . I want to be clear….. very clear. Any others out there in http://www.land who have seen these ROBO-SIGNATEURS… please send me an email.

        This was why I posted in reply to a ROBO search. Pce all. Thanks WordPress for letting me clarify post re-read. It’s late…

      • Tim Bryant says:

        Sent By:
        “Katherine Hsu” On: Apr 04/21/11 10:09 AM

        Hi Tim,

        I’d like to discuss your April 8, 2011 letter to the SEC. Could you please send me your phone number? Thanks.

        Katherine Hsu

        Office of Structured Finance

        Division of Corporation Finance

        U.S. Securities and Exchange Commission

        We’ll see what happens….

      • Tim Bryant says:

        I spoke with Katherine Hsu at the SEC today. She stated the Commission is unsure what action they could take in this matter. After explaining that mortgage contracts are under the laws of the states they were created, and not the laws of the state which the security was offered, and then point-by-point explaining how the PSA wipes out the original mortgage docs, she did not know how to respond. I also pointed out sections of PSAs that specifically call for state land records to be violated, as well as hiding assets under the guise of other companies to “avoid liabilities and creditors of the sellers”. This is criminal in my home state. It is written right into the PSA. She seemed taken aback by this. I really believe that the SEC does not read these documents submitted. They are riddled with racketeering activity clauses. I believe that this matter will be made known to regulators at the SEC.

  83. HammerTime says:

    Any thoughts on this. Think it goes along the lines of what Tim is saying about AG’s and their “negotiations” w/ banksters. From Comptroller web site on possible cons.

    “”Your lender never had the legal authority to make a loan.” Do not listen to anyone who claims that “secret laws” can erase your debt and have your mortgage contract declared invalid. You are being conned if someone claims that you are not obligated to pay your mortgage. ”

    http://www.helpwithmybank.gov/faqs/mortgage_avoiding.html

    • marilyn lane says:

      To HammerTime:

      It is not “secret laws” It is the Constitution.
      .
      The Federal Court has original jurisdiction of who can CREATE money
      pursuant to Art. 1 Para 10 Cl. 1 of the U S Constitution.

      …no State shall coin money

      This money issue is the prime reason that the United States changed from the Articles of Confederation to the United States Constitution.

      • Tim Bryant says:

        Marilyn is absolutely correct. There is nothing secret about these laws. They are the Constitution, the United States Code, the Uniform Commercial Code, and state laws. These are the same laws that the banks have skirted, and then have used as their defense.

        Remember, Comptrollers are directly tied to the banks. They are not there to protect you. Take what they say with a grain of salt.

    • HammerTime says:

      I agree. First reaction was it is propaganda for the banksters. I understand they cannot “help” borrowers but they are supposed to be a neutral party and prob funded by tax payers.

  84. nicktortelli says:

    Anyone from West Virginia? Non judicial state, Attorney General says I am the only complaint on file for forged documents on my mortgage. I have searched through all counties in WV and have found forged notary signatures in all counties. Notary signatures are always forged. Cant find an attorney to take my case, and I have money to pay???????????? I just need some legal direction?

    • Tim Bryant says:

      USC Title 18 § 493. Bonds and obligations of certain lending agencies

      Whoever falsely makes, forges, counterfeits or alters any note, bond, debenture, coupon, obligation, instrument, or writing in imitation or purporting to be in imitation of, a note, bond, debenture, coupon, obligation, instrument or writing, issued by the Reconstruction Finance Corporation, Federal Deposit Insurance Corporation, National Credit Union Administration, Home Owners’ Loan Corporation, Farm Credit Administration, Department of Housing and Urban Development, or any land bank, intermediate credit bank, insured credit union, bank for cooperatives or any lending, mortgage, insurance, credit or savings and loan corporation or association authorized or acting under the laws of the United States, shall be fined under this title or imprisoned not more than 10 years, or both.

      Whoever passes, utters, or publishes, or attempts to pass, utter or publish any note, bond, debenture, coupon, obligation, instrument or document knowing the same to have been falsely made, forged, counterfeited or altered, contrary to the provisions of this section, shall be fined under this title or imprisoned not more than 10 years, or both

      • enough already says:

        HI TIM , NO ONE IS GOING TO JAIL, and no one is getting fined. but we are losing our houses. our fraudulent appraaised homes bought by us in good faith, when the sub prime mortages fail it brought dawn the econom. i had a standard loan 30 yr fixed i was working paying mortgage anf boom it struck us like a lighening bolt. unable to sell our home now worth 180kk bought for 260k 2009. we asked for help from wells fargo little did we know it would send us on the journey of modification hell. and lost paper work. i am done playing their game. i retained a lawyer. if you can get someone in congress to listen to you and help save our homes please do. write whoever will listen, i tried it myself. all it got me was more of the same. lies, deceit and cover ups. the last straw wells fargo lied to the OCC thats it

      • Tim Bryant says:

        Enough already….

        If your lawyer is worth what you are paying him, he will have the judge take judicial notice. If you admit defeat, you have already lost. If your attorney requests this, the judge MUST take judicial notice for his decision, and any subsequent appeal. It is called preserving your rights. You can only argue on appeal that which you have brought up in the original action. If he has not discussed this with you, ask him why not.

      • Bryan Hufford says:

        Tim,
        Thanks for your continued help…..
        I have started the process,QWR, Docs from the county. No lawyer I have found is willing to help without digging deeper. A lawyer later, when I have the paper in order.

  85. TNL says:

    Foreclosure note enough for trustee standing — http://www.housingwire.com/2011/04/11/foreclosure-note-enough-for-trustee-standing-florida-appellate-court — that’s some scary ruling here in Florida – no chain of title arguments, etc.

    • Tim Bryant says:

      If this is a securitization, FL law does not dictate standing of the Trustee, New York law does. The trustee was not created under FL law, and does not exist under FL law. It must first prove it is a legal entity under the terms of the PSA. The Trustee can only act in the capacity with which the PSA allows. Most PSAs are governed by NY law. The trustee only exists under those laws, thus the judge should not have granted them standing without proof of chain of title dictated by the PSA, under the laws of the state the PSA falls under.

      This decision should be appealed, if it was a securitization, as the judge did not rely on the legal document showing the legal status of the trustee, and its authority under the PSA. If the transfers took place after the timelines listed in the PSA, the Trustee no longer has the legal status as a “trustee”, therefore, no standing in FL against the borrower.

      A little more research would be in order on this one. We recently had a MA decision where the judge reversed his original judgement for the investor. The homeowner subsequently discovered that the transfers took place after the fact, and this information was withheld during discovery. This was the first case I have seen where the judge reversed his own order.

  86. TC says:

    Hi all – forgive me for this silly question.
    I’ve got a Countrywide Loan (actually, America’s Wholesale Lender is what my paperwork reads as the lender.)

    I’m looking at my QWR response Deed of Trust copy from B of A, and I notice that my “Trustee” is listed as CTC Real Estate Services (with the address of 400 Countrywide Way, Simi Valley, CA). It seems like CTC Real Estate Services is/was a part of Countrywide (?), or the two organizations are/were part of the conglomerate.

    Now to my question: Can the Trustee also be the Lender?
    If the answer is yes, the Trustee can be the Lender, does this pose complications for B of A if they eventually try to foreclose on me?

    P.S. – this is a MERS loan.
    My lawyer said if they try to foreclose, it’s probable that MERS would try to do it in the name of the Trustee.
    Thanks in advance.

    • HammerTime says:

      This sounds similar to my situation. No silly questions in this rabbit hole. Would be interested to know if they provided all documents you requested.

      Some potential issues:

      – verify on Note or Deed who trustee was (if blank may be an issue in itself)
      – compare who they claim is current trustee or check on any notices
      – check MERS records for who investor/lender is
      – review any substitution of trustee

      My understanding is beneficiary (usually lender) assigns trustee but if blank then borrower can assign or needs to be informed if trustee is assigned or substituted. Review w/ lawyer. From CA code I recall.

      There has to be a valid chain to assign MERS as trustee. Another point would be that any assignments have to be between MERS members. This will be getting down to the details but any assignments between subsidiaries, other trustees have to be valid. From what I understand have to be valid under MERS rules and county recording. That way you aren’t just arguing it’s a MERS loan.

      From there can work back to trusts etc or review if they provided under QWR. Others here can provide info on trust issue. My case has taken on a focus on assignments so depends on case I believe.

      Here’s info that can guide you if in CA:

      http://rismedia.com/2010-03-15/obtai…losure-states/

      Obtaining Due Process in Non-Judicial Foreclosure States
      By George W. Manto

      In California, judges have been isolating on a small portion of the California Civil Code, 2924, to the exclusion of other applicable law, and have been dismissing “produce the note defenses” on the grounds that 2924 contains “no produce the note” requirement.
      The stated intention of the code is: “(1) to provide the creditor/beneficiary with a quick, inexpensive and efficient remedy against a defaulting debtor/trustor; (2) to protect the debtor/trustor from wrongful loss of the property; and (3) to ensure that a properly conducted sale is final between the parties and conclusive as to a bona fide purchaser.”
      …Nor are foreclosure statutes intended to be exclusive. It cannot be the intention of non-judicial foreclosure procedure to deny aggrieved parties access to remedies or trump other rights intended to protect consumers.
      2924 by its own terms, looks outside of the statute to the actual obligation to see if there was a breach. Being entitled to foreclose non-judicially under 2924 can only take place “after a breach of the obligation for which that mortgage or transfer is a security.”

      • TC says:

        Awesome info HammerTime. Thanks so much!
        Just curious – you’re in CA also. What county if you don’t mind me asking?

      • HammerTime says:

        Thanks. I’m in Los Angeles County.

      • HammerTime says:

        Last piece of the puzzle then is whether MERS has proper standing to substitute trustee to third party to foreclose. Reconveyance, Inc. etc THEN you can ask if they are owned by lender etc. So not quite last piece of the puzzle!

      • Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp) says:

        @ HammerTime

        Do not be so fast with stating the substitution of TRUSTEE can be done by the beneficiary.

        In the typical “America’s Wholesale Lender Corporation” loan, there is a specific paragraph on this topic located near the end of the DOT.

        It amazingly states that the LENDER is the one that can do this. It even overrules the usage of anything else in the DOT to try to give any other way to do that substitution.

        READ your Deed of Trust!

        The way mine is written, even MERS’ usage of its supposed role as beneficiary can NOT substitute the trustee.

        Since AWL does not actually exist, and NEVER DID, AWL is deader than entities that filed a BK and went out of existence. CountryFried can NOT claim a successor role to AWL because it never formed the company.

        CountryFried has been bluffing with filing ‘D/B/A’ papers. A document that claims the lender is a corporation can not have that agreement ‘taken over’ by another entity claiming the ‘D/B/A’ usage that was never in evidence on the paperwork. The business has to be ONE OR THE OTHER, not conveniently BOTH or even ‘slide’ from one to the other.

    • Doug says:

      I am interested in your thoughts.

      I have a simular loan deal, my loan was with home loan center and they are on the note, the note transferred to countrywide home loans. Now the mortgage was sent to MERS, after doing a search on MERS web site Fannie Mae is my investor. I called fannie mae and asked if they owned the loan, they of course told me to call the servicer who just happens to be bac home loan servicing.

      I believe the mortgage and the note have been Bifurcated, and there is no way to join them back together, true ? Also my assignment of mortgage was dated after the lawsuit was started, means for dissmissal in FL ? also if you look down about the third paragraph on the assignment you will see that MERS is assigning the note allong with the mortgage, well hold on…..mers doesnt own the note, another reason for dissmissal ? And finally I have the usual robo signer from BAC who’s VP in the forclosure department just happens to be a vp with mers, capitol one, courtywide etc.

      I brought up the Bifurcatio­n of the mortgage and note in my initial response to the court and david sterns lawfirm among other issues. But they dont seem to want to answer my question, they only have answered the easy question.

      Anyway, that is my story I would appreciate any comments, advice, thoughts.

      • enough already says:

        CAN YOU EXPLAIN BIFURCATION , I STILL DO NOT UNDERSTAND HOW THEY DID THAT.

      • enough already says:

        i do not have any assignments yet when does that occur. i found my loan on fannies web site but not mers

      • TC says:

        Hi Doug – I’m not experienced enough to know the anwers to your questions, and I know FL is very different from CA, I think what you’re stating is correct, but FL is notorious for rocket dockets/ judges who don’t care.
        http://livinglies.wordpress.com/2008/10/07/foreclosure-offense-and-defense-separation-of-mortgage-from-note/

        I would suggest joining The National WAMU Support Group, even if you don’t have a WAMU loan. They have many members in FL who are very knowledgable. Their link is on the right side of this page, and here:
        http://www.wamuloanfraud.com

      • Tim Bryant says:

        It is against MERS, Inc’s articles of incorporation to assign a note. That action is considered “banking”, and they are not registered for this activity. Call you Commissioner of Banks and ask for a copy of any legal documentation on file for MERS, Inc as a fiduciary. Of course, there won’t be any.

        They cannot assign notes because they were specifically created to remain “bankruptcy remote”. To assign the note, they must at some point, hold the note. They are a Delaware Corporation and this activity is specifically prohibited under the DE laws for corporations. The law also restricts other entities from using the MERS, Inc. name.

      • Alexandria Monge says:

        I have the same situation for the past 2 years already. My file was with David Stern and now today I saw a notice of appearance, which i believe is the new law firm that will be following up with the case. My assignment of mortgage came many months after the law suit initiated, Mers shows like they are the ones making the assignment and the same robo signing issue. As many mention not all lawyers are willing to dig up all the dirt until something can be done. But even though i have my attorney, i just called the ice legal office, to schedule an appointment, because i beilieve my file as well has fraud like many others out there, But it is only when we all join and come together and do something about it that maybe a big change can be accomplished on behalf of Floridas homewoners during that case being taken to the Supreme Court of Pino vs Bank of NY Mellon. I’m actually calling some other friends i know have the same situation with the firm of David Stern and I believe that with a couple of cases being filed under the same circunstances will help greatly for all.

        Not planning to leave this still…many people out there are currently serving jail time for fraud, so why would this have to be the exception in our system. For this firm and many others that deliberately took advantage of those that didn’t have the resources to get a defense on their behalf. I’m pretty sure the Ice Legal firm would be very happy not only to take many other cases but especially those with the same situation that would help them back their case at the Supreme court. Don’t you think?

        Ill keep everyone posted.

        THX!

    • enough already says:

      now we all understand the bifurcation of the note and the mortgage. can assignments and allonges be explained please. why are these defenses not use more???

      • HammerTime says:

        IMO it seems there has been too much emphasis on MERS alone as an argument esp in CA. In layman’s terms assignments and allonges are used to substitute trustees and beneficiaries. This allows loans to transfer hands without knowledge or authorization of borrower. Though there are possible exceptions such as blank trustee in Note/Deed POSSIBLY. At this point not illegal in CA EXCEPT if fraud is present in recording or other aspects of loan transfers, negotiations. Can be used to show broken chain of title in foreclosure process. Seems allonges apply more in cases where trusts are involved; can show broken chain in MERS etc “earlier” in process if that makes sense; as TB shows with his excellent work fraud can occur at SEC level under NY laws. On top of all this as in possibly my case lenders don’t have the proper info or mistakenly categorized loans as MERS etc and as we see are making mistakes in trying to go back and cover their title tracks…trying to put toothpaste back in the tube.

        In general seems no one strategy. Need to find inconsistencies and get a good lawyer.

    • Tim Bryant says:

      If the loan was securitized, check the PSA. This defines how the assignments can be legally applied to the loan. I have included an actual PSA section of a CW security. You will notice how complicated and twisted this issue is….

      ASSIGNMENT OF THE MORTGAGE LOANS

      Pursuant to the pooling and servicing agreement, on the closing date,
      the depositor will sell, transfer, assign, set over and otherwise convey without
      recourse to the trustee in trust for the benefit of the certificateholders all
      right, title and interest of the depositor in and to each Closing Date Mortgage
      Loan and all right, title and interest in and to all other assets included in
      Alternative Loan Trust 2005-52CB, including all principal and interest received
      on or with respect to the Closing Date Mortgage Loans, but not any principal and
      interest due on or before the initial cut-off date, and amounts on deposit in
      the Supplemental Loan Account and the Capitalized Interest Account on the
      closing date.

      In connection with the transfer and assignment of a mortgage loan, the
      depositor will deliver or cause to be delivered to the trustee, or a custodian
      for the trustee, the mortgage file, which contains among other things, the
      original mortgage note (and any modification or amendment to it) endorsed in
      blank without recourse, except that the depositor may deliver or cause to be
      delivered a lost note affidavit in lieu of any original mortgage note that has
      been lost, the original instrument creating a first lien on the related
      mortgaged property with evidence of recording indicated thereon, an assignment
      in recordable form of the mortgage, the title policy with respect to the related
      mortgaged property and, if applicable, all recorded intervening assignments of
      the mortgage and any riders or modifications to the mortgage note and mortgage
      (except for any documents not returned from the public recording office, which
      will be delivered to the trustee as soon as the same is available to the
      depositor). With respect to up to 50% of the Closing Date Mortgage Loans, the
      depositor may deliver all or a portion of each related mortgage file to the
      trustee not later than thirty days after the closing date and not later than
      twenty days after the relevant Supplemental Transfer Date (as defined below)
      with respect to up to 90% of the Supplemental Mortgage Loans conveyed on such
      Supplemental Transfer Date. Assignments of the mortgage loans to the trustee (or
      its nominee) will be recorded in the appropriate public office for real property
      records, except in states such as California where in the opinion of counsel
      recording is not required to protect the trustee’s interests in the mortgage
      loan against the claim of any subsequent transferee or any successor to or
      creditor of the depositor or any seller.

      The trustee will review each mortgage file relating to the Closing
      Date Mortgage Loans within 90 days of the closing date (or promptly after the
      trustee’s receipt of any document permitted to be delivered after the closing
      date) and the documents relating to the Supplemental Mortgage Loans promptly
      after the trustee’s receipt thereof after the related Supplemental Transfer Date
      as described above, and if any document in a mortgage file is found to be
      missing or defective in a material respect and Countrywide Home Loans does not
      cure the defect within 90 days of notice of the defect from the trustee (or
      within such longer period not to exceed 720 days after the closing date as
      provided in the pooling and servicing agreement in the case of missing documents
      not returned from the public recording office), Countrywide Home Loans will be
      obligated to repurchase the related mortgage loan from the trust fund. Rather
      than repurchase the mortgage loan as provided above, Countrywide Home Loans may
      remove the mortgage loan (referred to as a deleted mortgage loan) from the trust
      fund and substitute in its place another mortgage loan (referred to as a
      replacement mortgage loan); however, such a substitution is permitted only
      within two years of the closing date and may not be made unless an opinion of
      counsel is provided to the trustee to the effect that such a substitution will
      not disqualify any REMIC or result in a prohibited transaction tax under the
      Code. Any replacement mortgage loan generally will, on the date of substitution,
      among other characteristics set forth in the pooling and servicing agreement,

      o have a principal balance, after deduction of all scheduled
      payments due in the month of substitution, not in excess of, and
      not more than 10% less than, the Stated Principal Balance of the
      deleted mortgage loan (the amount of any shortfall to be
      deposited by Countrywide Home Loans in the Certificate Account
      and held for distribution to the certificateholders on the
      related Distribution Date (referred to as a “Substitution
      Adjustment Amount”)),

      o have a mortgage rate not lower than, and not more than 1% per
      annum higher than, that of the deleted mortgage loan,

      o have a Loan-to-Value Ratio not higher than that of the deleted
      mortgage loan,

      S-26

      o have a remaining term to maturity not greater than (and not more
      than one year less than) that of the deleted mortgage loan, and

      o comply with all of the representations and warranties set forth
      in the pooling and servicing agreement as of the date of
      substitution.

      This cure, repurchase or substitution obligation constitutes the sole remedy
      available to certificateholders or the trustee for omission of, or a material
      defect in, a mortgage loan document.

      Notwithstanding the foregoing, in lieu of providing the duly executed
      assignment of the mortgage to the trustee and the original recorded assignment
      or assignments of the mortgage together with all interim recorded assignments of
      such mortgage, above, the depositor may at its discretion provide evidence that
      the related mortgage is held through the MERS(R) System. In addition, the
      mortgages for some or all of the mortgage loans in the trust fund that are not
      already held through the MERS(R) System may, at the discretion of the master
      servicer, in the future be held through the MERS(R) System. For any mortgage
      held through the MERS(R) System, the mortgage is recorded in the name of
      Mortgage Electronic Registration Systems, Inc., or MERS, as nominee for the
      owner of the mortgage loan, and subsequent assignments of the mortgage were, or
      in the future may be, at the discretion of the master servicer, registered
      electronically through the MERS(R) System. For each of these mortgage loans,
      MERS serves as mortgagee of record on the mortgage solely as a nominee in an
      administrative capacity on behalf of the trustee, and does not have any interest
      in the mortgage loan.

      • Tim Bryant says:

        Pay special attention to the 2 sections that specify the recording of the loans. In many states these clauses are illegal. Using this MBS as a template, you would notice that the securitization was specifically used as a special purpose vehicle for illegal activities;

        1. You cannot hide assets to avoid creditors, which is specifically mentioned.

        2. A loan cannot be sold “without recourse”, while maintaining MERS as mortgagee through the process. This is not a true sale. This particular MBS negates itself. The agreement calls for the original security instrument to be delivered to the trustee, but calls for MERS to remain the MOM. MERS cannot claim to hold the security instrument while it is in the possession of another entity.

        3. The Depositor (who is a different entity than the lender) must assign and transfer all rights, title, and interest to the trustee. If the assignment you are provided by the bank shows an assignment from the lender to the trustee, the chain of title is broken, and the trustee does not have good title to enforce the note or the mortgage.

        4. This PSA demands that the assignments to the trustees be recorded in the county records. The only exclusion is CA. There is no legal definition of “states such as CA”, therefore that clause has no legal meaning. That clause is also inserted for avoiding any liability resulting from the selling and transferring entities.

        5. The trustee had 90 days to review the mortgage docs for any defective paperwork. They then had an additional 90 days for the docs to be corrected. Any defective documents that are attempted to be corrected during a foreclosure, are invalid under the PSA. This PSA also states that the sole remedy for omission of, or defect in, any mortgage docs are repurchase or substition. There is an omission or defect in nearly every set of loan docs. The PSA has even more stringent requirements. This clause is legal evidence to show the trustee has no legal standing in court, unless all the stated docs are free from omissions and defects.

        6. The last sentence is the caveat for any MERS mortgage. Read it carefully !!! It allows the Master Servicer, at its own discretion, to deviate from the terms and conditions previously set forth. Since the Master Servicer has no interest in the note or the mortgage, they have no legal standing to unilaterally assign either. This is part of all the rights, title, and interests required to be transferred to the trustee as perfection of the agreement.
        In the MERS system, the investor should show as “Mortgage Electronic Registration Systems, Inc., or MERS, as nominee for the owner of the mortgage loan.” The investor, in the MERS system, should show as one of these 2 entities.
        The very last sentence is the “defect” in the mortgage docs stated above. It requires MERS to serve as mortgagee of record. THERE IS NO LEGAL ENTITY KNOWN AS MERS OR THE MERS(R) SYSTEM. MERS is the electronic recording system. The legal entities are Mortgage Electronic Registration Systems, Inc. “MERS, Inc.”, and MERSCORP, Inc. These are the only 2 legal entities that can “hold” any interests. MERS cannot serve as a mortgagee of record, as it is not a legal entity.
        The PSA then states that MERS “does not have any interest in the mortgage loan”. This wipes out your MERS mortgage. Under the PSA, MERS no longer holds “Legal Title” as it claims, as that is an interest in the loan.

        This should show you how important it is to find, and carefully read the PSA language. I will state unequivocally that there is not a single mortgage that is enforceable if MERS is involved, and the loan has been securitized.

      • Tim Bryant says:

        As another tidbit, robo-signing through the use of MERS is a federal offense. If you are in foreclosure, and this occurs, make sure your attorney has the judge take “judicial notice” that this is a federal crime. The attorney should then ask that the perpetrator be given a Miranda warning, and / or remanded into custody. This will change the attitude of the banks as far as this practice goes….

        USC Title 18 § 513. Securities of the States and private entities

        (a) Whoever makes, utters or possesses a counterfeited security of a State or a political subdivision thereof or of an organization, or whoever makes, utters or possesses a forged security of a State or political subdivision thereof or of an organization, with intent to deceive another person, organization, or government shall be fined under this title [1] or imprisoned for not more than ten years, or both.
        (b) Whoever makes, receives, possesses, sells or otherwise transfers an implement designed for or particularly suited for making a counterfeit or forged security with the intent that it be so used shall be punished by a fine under this title or by imprisonment for not more than ten years, or both.
        (c) For purposes of this section—
        (1) the term “counterfeited” means a document that purports to be genuine but is not, because it has been falsely made or manufactured in its entirety;
        (2) the term “forged” means a document that purports to be genuine but is not because it has been falsely altered, com­pleted, signed, or endorsed, or contains a false addition thereto or insertion therein, or is a combination of parts of two or more genuine documents;
        (3) the term “security” means—
        (A) a note, stock certificate, treasury stock certificate, bond, treasury bond, debenture, certificate of deposit, interest coupon, bill, check, draft, warrant, debit instrument as defined in section 916(c) of the Electronic Fund Transfer Act, money order, traveler’s check, letter of credit, warehouse receipt, negotiable bill of lading, evidence of indebtedness, certificate of interest in or participation in any profit-sharing agreement, collateral-trust certificate, pre-reorganization certificate of subscription, transferable share, investment contract, voting trust certificate, or certificate of interest in tangible or intangible property;
        (B) an instrument evidencing ownership of goods, wares, or merchandise;
        (C) any other written instrument commonly known as a security;
        (D) a certificate of interest in, certificate of participation in, certificate for, receipt for, or warrant or option or other right to subscribe to or purchase, any of the foregoing; or
        (E) a blank form of any of the foregoing;
        (4) the term “organization” means a legal entity, other than a government, established or organized for any purpose, and includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, society, union, or any other association of persons which operates in or the activities of which affect interstate or foreign commerce; and
        (5) the term “State” includes a State of the United States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, and any other territory or possession of the United States.

      • Tim Bryant says:

        USC Title 18 § 514. Fictitious obligations

        (a) Whoever, with the intent to defraud—
        (1) draws, prints, processes, produces, publishes, or otherwise makes, or attempts or causes the same, within the United States;
        (2) passes, utters, presents, offers, brokers, issues, sells, or attempts or causes the same, or with like intent possesses, within the United States; or
        (3) utilizes interstate or foreign commerce, including the use of the mails or wire, radio, or other electronic communication, to transmit, transport, ship, move, transfer, or attempts or causes the same, to, from, or through the United States,
        any false or fictitious instrument, document, or other item appearing, representing, purporting, or contriving through scheme or artifice, to be an actual security or other financial instrument issued under the authority of the United States, a foreign government, a State or other political subdivision of the United States, or an organization, shall be guilty of a class B felony.
        (b) For purposes of this section, any term used in this section that is defined in section 513 (c) has the same meaning given such term in section 513 (c).
        (c) The United States Secret Service, in addition to any other agency having such authority, shall have authority to investigate offenses under this section.

      • Tim Bryant says:

        Pay special attention to paragraphs 2 and 3 on this one….

        USC Title 18 § 1005. Bank entries, reports and transactions

        Whoever, being an officer, director, agent or employee of any Federal Reserve bank, member bank, depository institution holding company, national bank, insured bank, branch or agency of a foreign bank, or organization operating under section 25 or section 25(a) [1] of the Federal Reserve Act, without authority from the directors of such bank, branch, agency, or organization or company, issues or puts in circulation any notes of such bank, branch, agency, or organization or company; or
        Whoever, without such authority, makes, draws, issues, puts forth, or assigns any certificate of deposit, draft, order, bill of exchange, acceptance, note, debenture, bond, or other obligation, or mortgage, judgment or decree; or
        Whoever makes any false entry in any book, report, or statement of such bank, company, branch, agency, or organization with intent to injure or defraud such bank, company, branch, agency, or organization, or any other company, body politic or corporate, or any individual person, or to deceive any officer of such bank, company, branch, agency, or organization, or the Comptroller of the Currency, or the Federal Deposit Insurance Corporation, or any agent or examiner appointed to examine the affairs of such bank, company, branch, agency, or organization, or the Board of Governors of the Federal Reserve System; or
        Whoever with intent to defraud the United States or any agency thereof, or any financial institution referred to in this section, participates or shares in or receives (directly or indirectly) any money, profit, property, or benefits through any transaction, loan, commission, contract, or any other act of any such financial institution—
        Shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.
        As used in this section, the term “national bank” is synonymous with “national banking association”; “member bank” means and includes any national bank, state bank, or bank or trust company, which has become a member of one of the Federal Reserve banks; “insured bank” includes any state bank, banking association, trust company, savings bank, or other banking institution, the deposits of which are insured by the Federal Deposit Insurance Corporation; and the term “branch or agency of a foreign bank” means a branch or agency described in section 20 (9) of this title. For purposes of this section, the term “depository institution holding company” has the meaning given such term in section 3(w)(1) of the Federal Deposit Insurance Act

      • Tim Bryant says:

        USC Title 18 § 1021. Title records

        Whoever, being an officer or other person authorized by any law of the United States to record a conveyance of real property or any other instrument which by such law may be recorded, knowingly certifies falsely that such conveyance or instrument has or has not been recorded, shall be fined under this title or imprisoned not more than five years, or both

      • Tim Bryant says:

        USC Title 18 § 2320. Trafficking in counterfeit goods or services

        (a) Offense.—
        (1) In general.— Whoever; [1] intentionally traffics or attempts to traffic in goods or services and knowingly uses a counterfeit mark on or in connection with such goods or services, or intentionally traffics or attempts to traffic in labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature, knowing that a counterfeit mark has been applied thereto, the use of which is likely to cause confusion, to cause mistake, or to deceive, shall, if an individual, be fined not more than $2,000,000 or imprisoned not more than 10 years, or both, and, if a person other than an individual, be fined not more than $5,000,000. In the case of an offense by a person under this section that occurs after that person is convicted of another offense under this section, the person convicted, if an individual, shall be fined not more than $5,000,000 or imprisoned not more than 20 years, or both, and if other than an individual, shall be fined not more than $15,000,000.
        (2) Serious bodily harm or death.—
        (A) Serious bodily harm.— If the offender knowingly or recklessly causes or attempts to cause serious bodily injury from conduct in violation of paragraph (1), the penalty shall be a fine under this title or imprisonment for not more than 20 years, or both.
        (B) Death.— If the offender knowingly or recklessly causes or attempts to cause death from conduct in violation of paragraph (1), the penalty shall be a fine under this title or imprisonment for any term of years or for life, or both.
        (b) Forfeiture and Destruction of Property; Restitution.— Forfeiture, destruction, and restitution relating to this section shall be subject to section 2323, to the extent provided in that section, in addition to any other similar remedies provided by law.
        (c) All defenses, affirmative defenses, and limitations on remedies that would be applicable in an action under the Lanham Act shall be applicable in a prosecution under this section. In a prosecution under this section, the defendant shall have the burden of proof, by a preponderance of the evidence, of any such affirmative defense.
        (d)
        (1) During preparation of the presentence report pursuant to Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim.
        (2) Persons permitted to submit victim impact statements shall include—
        (A) producers and sellers of legitimate goods or services affected by conduct involved in the offense;
        (B) holders of intellectual property rights in such goods or services; and
        (C) the legal representatives of such producers, sellers, and holders.
        (e) For the purposes of this section—
        (1) the term “counterfeit mark” means—
        (A) a spurious mark—
        (i) that is used in connection with trafficking in any goods, services, labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature;
        (ii) that is identical with, or substantially indistinguishable from, a mark registered on the principal register in the United States Patent and Trademark Office and in use, whether or not the defendant knew such mark was so registered;
        (iii) that is applied to or used in connection with the goods or services for which the mark is registered with the United States Patent and Trademark Office, or is applied to or consists of a label, patch, sticker, wrapper, badge, emblem, medallion, charm, box, container, can, case, hangtag, documentation, or packaging of any type or nature that is designed, marketed, or otherwise intended to be used on or in connection with the goods or services for which the mark is registered in the United States Patent and Trademark Office; and
        (iv) the use of which is likely to cause confusion, to cause mistake, or to deceive; or
        (B) a spurious designation that is identical with, or substantially indistinguishable from, a designation as to which the remedies of the Lanham Act are made available by reason of section 220506 of title 36;
        but such term does not include any mark or designation used in connection with goods or services, or a mark or designation applied to labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature used in connection with such goods or services, of which the manufacturer or producer was, at the time of the manufacture or production in question, authorized to use the mark or designation for the type of goods or services so manufactured or produced, by the holder of the right to use such mark or designation.[2]
        (2) the term “traffic” means to transport, transfer, or otherwise dispose of, to another, for purposes of commercial advantage or private financial gain, or to make, import, export, obtain control of, or possess, with intent to so transport, transfer, or otherwise dispose of;
        (3) the term “financial gain” includes the receipt, or expected receipt, of anything of value; and
        (4) the term “Lanham Act” means the Act entitled “An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes”, approved July 5, 1946 (15 U.S.C. 1051 et seq.).
        (f) Nothing in this section shall entitle the United States to bring a criminal cause of action under this section for the repackaging of genuine goods or services not intended to deceive or confuse.

    • Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp) says:

      @ TC

      Your lawyer is not ‘up’ on the tricks they will try with these flawed AWL loans.

      Their likely first step will be to TRY to pull a fast one with the MERS ‘beneficiary’ role being claimed as the party that can name a substitute trustee. If your DOT is like mine, there is a nice clause a couple of pages from the end of the DOT entitled ‘Substitution of Trustee”. Imagine that. What that paragraph states is that the LENDER reserves this action for itself. NO mention is made of MERS and the paragraph goes on to over-rule any usage of any other clause in the document to supercede this paragraph. MERS can’t do the substitution!

      The servicer minions will conveniently overlook that paragraph. Then that replacement bogus Trustee will file the NOD and the NOS.

      Eventually, the servicer will use MERS again to assign BOTH the NOTE and the DOT. CA judges are starting to catch on that this is not valid.

      Be prepared to wise up your attorney.

      San Diego location here.

  87. HammerTime says:

    Been under the gun with my property issues. Good news is I stopped sale though I wasn’t able to come up w/ legal funds. Worked w/ great researcher on beingmiddleclass.org to put together strong QWR.

    Used following Pursuant to California Civil Procedure 2943(b)(1) to request all title documents etc to allow to review or would file against unlawful foreclosure. Haven’t been in touch w/ lender but trustee site changed date.

  88. Katheryn says:

    I think that the ACLU will need to take this on in its entirety not just for the State of FL. I am thankful that they have gotten involved, but this is happening in every state and it it plainly and simply unconstitutional. That is what the ACLU is about, upholding the U.S. Consitution. We need rulings from the Supreme Court that will make the lower courts uphold the law and do what is fair and just. The ACLU is large enough to take on the battle for the sake of the people as well as our Constitutional rights.

    • enough already says:

      i hope so. i hope they get involved and shut down foreclsoures. foreclsoure were appropriate back when you could still sell your home. no one should have went into foreclosure before 2008. you find your expenses drop and you sell. i had to in 2006 .i had just bought a new home and my husband lost his job. i cried but put the house on the market because i new i could not handle the mortgage by my self and he was unemployed for over a year. so we sold and moved. this time around there are way to many foreclsoures. there is obviously a reason. not on eof the government agencies has delt with the root cause. how couls they allow this to go on. millions of empty houses our country. devistated communites. just in my neighborhood alone in fla stand thousands of empty homes. unkempt lawns, fires, vandalism. beautiful homes in an area that is so nice to live. close to the gulf, near disney/busch gardens ect. great schools. so its not about the neighborhoods. there is not enough buyers fo rhtese homes. so keep the present families in their homes at this point .
      reduce mortgages to property values and the people that have already lost their homes to fraud can appeal.
      i think it is time for foreclosures to stop. you can have appraisal fraud have it addmetted byt eh oversight committee and stiill foreclose. the admission of guilt is out. our courts need to kno this. we need to save our homes . we need to end foreclsoures. these are not cars these are homes people live in with children please somone here my plea.

      • Katheryn says:

        The fact that you can’t sell and reduce your living costs has really compounded the foreclosure debacle. We had to scale down about 15 years ago, but we had no trouble selling our home and we bought a less expensive house and re-grouped. People do not have the option of re-grouping now which clogs the system with even more houses sitting. It is maddening that the courts are not only not ruling in favor of the homeowners but are also giving them cart blanche to continue with fraud on the court as well as homowners with not even a reprimand. I read some of these rulings where there is admitted fraud and forgery and the judge rules against the homeowner like he didn’t hear or see a thing wrong. It just makes me want to SCREAM, but that won’t do any good either. Just keep fighting one by one and hope that there are those somewhere working for us that we just are not aware of.

      • enough already says:

        @ Kathryn I have been trying to hamp mod with wells fargo since 2009. they gave me a mod that was higher then the original mortgage. i know dont ask why did i sign it. well alot of us decent folks want to stay in our homes so sad no one see’s this. then when the sh-t hit the fan again. i have now been trying to get a hamp loan since 9/2010. from 2009 and now 2010-2011 wells fargo has sytemically lost my paper work what is wrong with that company. then i heard as with the fraud of hamp that the servicers higher outside companies, give them employee pass codes and move files. well in dec 2010 i get a call from a frantic loan proccessor that someone hacked he computer and moved my file. here is the funny part i didnt here from her again until wells fargo lost my paper work again and i started complaining about my hacked file. they send me back to this owman. no iam not going to resend anything until the mediation in ocurt. I feel any judge in my county if he listens to my story will be on my side. if not there is always appeals court i will save my 1900 bucks for appeal court. if the judge is for the banks then i appeal. i just feel you can be this big conglamerate bank and consistently lose paper work and then lie about it to the OCC. yes that to.. i have the tracking number and signee for proof. i am over this BS

    • enough already says:

      one thing i notice, other than james M letter in texas , no lawyer has gone after securitization. a few cases here and there. i want my lawyer to prove that this default is a vicitim of the economic bust , appraisal fraud, loan origination fraud and servicer fraud. that prior to my job loss in 2009 i had excellent credit. nver even late on a credit card., i want to prove that brr approved for this mortgage wells fargohad access to all my finacial statements (never lost one hmmmmm…..makes you think now i have no money ) we sold a house and they told us before we could get approved for our loan we need to pay off all our outstanding debts. we are usually good seeing into the future i guess we felt it was better to not have these monthly payments, but we were set up to liquidate out bank accout. so wells fargo set us up for this failure. if ihad monthly obligations, vs a mortgage payments which would you pay 1st. i once had to “refinance” a car loan yeras ago to stay in my home. i could have done that, why `make us pay all these debts off at once leaving us with out a cushion. we were so set on buying this home do not know why. i guess we thought intrest rates were going to rise we never thought we would lose our equity. we deserved the truth to buy a less expensive home not pay off our existing debts. that was our money we were already putting the 20% DOWN. . IT SAD THAT THEY USED THESE TACTICS TO APPROVE PEOPLE FOR LOANS. AND I AGREE I SHOULD NOT HAVE PAID THEM OFF.

  89. Katheryn says:

    This story makes the case for legal hipocrisy at its finest.

    Mortgage fraud case comes to end. Pocomoke mayoral candidate barred from mortgaging activities for 7 years

    http://www.delmarvanow.com/article/20110323/NEWS01/103230417/Mortgage-fraud-case-comes-end

    The moral of the story…steal big and be forgiven….steal small and be prosecuted ….what a dumb world it is now

  90. Tim Bryant says:

    IMF reports that incentives for US homeowners created the global economic collapse, not the banks….

    http://www.dsnews.com/articles/international-monetary-fund-voices-concerns-with-us-housing-system-2011-04-07

    They are having a meeting in the US shortly. Maybe we should all tell the IMF that they are not welcome here !!!

    • Katheryn says:

      I’m confused. Who provided the incentives to start with. Not the potential homebuyers. Who provided the funds. Not the potential homebuyers. Who made loans based on fruad and deceit. Not the potential homebuyers. Perhaps the IMF should go back to basic economics and try again. It is like putting little children in a room filled with candy but telling them not to eat it. Then once the candy is eaten they blame the children for a global candy shortage. The IMF has one concern…keep the American dollars coming their way.

    • l vent says:

      Max Keiser reported today on his show the Keiser Report that the IMF is one of the BIGGEST SHAREHOLDERS IN FANNIE/FREDDIE. AHA! PROOF of the TREASON and that THE NEW WORLD ORDER is behind the THE FORECLOSUREGATE HOLOCAUST. OUR U.S. CONSTITUTION OVERULES THEM. OUR U.S. CONSTITUTION is the only thing standing between our FREEDOM. OUR NATIONAL SOVERIEGNTY AND THEIR TYRANNY. The U.S. CONSTITUTION is the only thing keeping the NWO from FLOUTING OUR PROPERTY RIGHTS AND STEALING OUR RIGHT TO BEAR ARMS, BANKRUPTING US, and then completely taking America over. OUR FOREFATHERS HAD THEIR NUMBER AND HAD OUR BACKS WAY BACK OVER 200+ YEARS AGO. Check out the latest KEISER REPORT at: http://maxkeiser.com/ DEATH TO THE BEAST! WHO IS THE UN/NEW WORLD ORDER TYRANNY!NATIONAL SOVERIEGNTY WILL PREVAIL!

  91. Fury says:

    why should we give up our our homes that we worked hard all of our lives to a ponzi scheme?

    sometimes i think i could live out in the wilderness to get away from the unbelievable stress.
    could i just have one night’s sleep without worry?
    that unrelenting nightmare has all been caused by the fraudclosure criminals.

    why should i have to wash my contact lenses in a stream and live in tent because some fraudsters developed a sophisticated ponzi scheme to defraud my family?

    no!
    hell no!
    we are not leaving our home. this our home. it does not belong to a flim-flam artists.

    it belongs to us!

    • losing my home in florida says:

      AMEN!!!!!!

    • Katheryn says:

      I would love to live in the wilderness, but I want a travel trailer over a tent! At least in the wilderness there are general rules of survival and you know what they are….not so living in the world of “Oz” where nothing is as it should be and what common sense tells you is really is not. It causes one to remain in a constant state of worry and anger. Life should not be this way in a free country like the US. I don’t think the founding forefathers meant free as in (free to rob the people of everything).

  92. Tim Bryant says:

    To the Attorney Generals…..you are spinning your wheels. You have no Constitutional authority to enter into any agreement with the banks that prohibits homeowners from denying that a bank owns certain loans.

    Article 1 of the Constitution-
    Section.10.
    No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

    • Doug says:

      Good one Tim, Do you think the AG has read the constitution ?

      I believe this is another extortion attempt by the states, remember the huge payout by the cigarette company’s ? remember the states tried to go back for more ?

  93. Katheryn says:

    we all should form our own city, grow our own food, use solar, wind and other natural resources for energy and live in the peaceful law abiding way we deserve without being made slaves to their need for power and money, money and moooooo money. Just withdraw from this crazy world…kind of like the Amish people. We’ll come up with a new religiion that suits all and then we are exempt from paying taxes and money will be lent within our own little community. We will not have to be slaves to wallstreet and banksters.:) One can dream, right!

    • losing my home in florida says:

      I am with you. in Israel they call commune living kibbutz. we need to start kibbutzim in america. we all work to hard to be losing our houses. i agree we need to all start our own place. where all the homes are owned by all. we buy food for all. no fear of losing everything because it is all owned by all. well just pick a place and we are there. we should be the pioneers

    • Dennis says:

      I’m ready, lets go!

      Dennis

  94. frdmfytr says:

    If this sounds crazy or like nonsense then i suppose the alternative is acceptable.

    forged security instruments (same as counterfeit money) are being used in united states court rooms without punishment !!

    we are well past crazy nonsense.

    • marilyn lane says:

      After Astoria Federal S & L’s attorney Arthur Walsh stated in front of Judge Schlesinger of New York Supreme Court” It’s indemnify indemnify indemnify” (for my two new york city condos, Astoria auctioned off to straw buyers without ever owning them) “-we are stepping aside and the Title companies are stepping in.”.
      The Title companies did not want to indemnify, but wanted to be intervenors instead and be heard. And what they told Judge Alice Schlesinger of New York Supreme Court is – time makes forged deeds good.

      The Title attorneys, Judge Schlesinger and I all know a forged deed has no equity and the only equity corrupt Thomas Malone of Fidelity National Title and Corrupt David K Fiveson of Coronet Title were speaking of when they stated to Judge Schlesinger “we have equity” was the equity under the table for Judge Schlesinger and Judge Schlesinger’s ears perked up, she looked at me and said “it doesn’t look good for you” and ruled against the law.

      The Title companies are silently behind the scenes minipulating much of the foreclosure fraud., and with a Judge like Judge Schhlesinger that takes a bribe the title companies are getting away with it.

  95. frdmfytr says:

    the banks are now trying to shutdown help websites that are exposing them. this is just becoming to much and its time people really start taking into consideration that nobody is going to help us. only we have the power to stop this at anytime. we have the power to control the markets the banks and even lower gas prices. we have the power to insure our rights are not violated and to throw these corrupt bastards out of any position they hold.

    what is the oil company going to do if people actually decided this is going to stop and stop now? 1 week of people coming together and not buying gas would throw their silly asses in a panic and prices would be forced down.

    what would banks do if people came together and said screw them enough is enough no more doing business with them. not 1 more damn dime on their mortgages, credit cards, bills, or anything? imagine the horror and fear and feeling of helplessness these bastards would feel. the same feeling we have is what they deserve. not us.

    what would the all high and mighty courts do if people realized the system designed to protect us from this crap will not? what if the people decided if the courts will not even follow their own rules and laws to protect us and instead harm us then we no longer have a use for them. period!

    what if people decided the officials and leaders we elected are not doing their jobs, are abusing their power, and enjoying a free ride at our expense? we hired them we fire them just like we are supposed to do when someone we hire steals from us!

    or are we supposed to just sit there like helpless victims while they break the laws we have to follow? just sit there like cowards while they steal from us and harm our families!

    what if we demand our rights. start video taping our court cases. that is our right. get it on video and start posting this. the public own the air waves and we can broadcast what we want when we want. that is not going to far. what they are doing is going to far. we didn’t do anything they wrong they did. and they should not be rewarded for it.

    they will continue to bully us 1 at a time until eventually we all lose. but together they will bow down and cower like the real b****** they are.

    we either continue to just sit and allow this or we come together and figure out a way to stop this crap.

    we live here. we work here. we grew up here. our families are here. this is our lives not theirs. you do not sh** were you eat and they are. there is no law that says you have to laid down and allow someone to defraud you.

    america does not work without us. they live here and work here just like we do and should follow the same rules.

    30 years ago people protested and fought for less. 230 years ago people protested and fought for more.

    308,745,508 people in the u.s. theres not a court system, police force, or military force big enough in the world to force us to just lie down and allow us to be defrauded.

    our rights were fought for. our laws should not have to be. if our system will not work for us then why should we.

    • Katheryn says:

      The challenge is getting everyone on board, thus the reason to do all that can be done to expose them all through broad range media. We should not stop with 60 minutes. Try to convince any and every source you can think of to help expose what is happening in this country. I saw Jessie Ventura on the Pierce Morgan show. Pierce Morgan told Jessie in so many words that he has a screw loose. Most people refuse to believe that their government would conspire against them in such a way and that laws would be obsolete for those whom they choose but strictly enforced against the common people. How sad it is.

      They have probably already prepared for a mass up-roar by the people. It is rumored that is the reason the FEMA camps are still set up. When banks have to pay lawyers big bucks to shut down websites that are exposing them….then that seals the reality that the truth is being told and they will stop at nothing, even destruction of our first amendment right, to continue their fleecing of America while our govenment and legal systems turn and look the other way to help them wipe out the middle class. Two party political system and a two class population.

    • Very seldom do I make comments about what who is doing what.
      Scared people resort to unusual tactics usually out of desperation.
      Many know my name, very few know what’s in process.

      Place all emotion aside, take care of the business at hand.
      The banks legal machine has no emotion.

      • Katheryn says:

        We are all trying very hard to take care of the business at hand. Unfortunately, most out in the general public are clueless. We are a handful of peons up against the elitest giants as well as our corrupt government whose job is to protect us. We need the rulings of the Courts to give us a fighting chance. It does not appear that the justice (injustice) system is ruling in accordance with tbasic law. I sincerely hope that whatever is “in process” will help us in our fight as well as exposing the fact that this is not just about homes but goes much deeper and is far more sinister. II am no lawyer but I do know that any judge who rules in favor of a bank when there is clear factual evidence of fraud and forgery is breaching his oath of office. I pray that you may be the James McGuire I think and who will help to make a difference for the families who have been hurt as well as how much impact this fraud has had on our economy.

    • Katheryn says:

      I’m done with the credit cards. Late on a payment and they sent me a letter raising the interest rate to 29% even on the balance not just going forward. They can kiss my bumper. I agree, let all the middle class just stop spending, take money out of the banks and tell them all to just kiss our bumpers.

  96. Gary Hawes says:

    Who has the best and the least expensive securitization audit??

    Gary

  97. Mark says:

    Can someone help me as my so called attorney will not answer me, in how to file a objection on a motion to dismiss. after 22 months of being on the plan, in Massachusetts have less then two weeks to go
    also can respond to Tomuchbull61@yahoo.com.

    Thanks
    Mark

  98. Rob D. says:

    This might of interest to all citizens (esp. those in Ohio) – who are fighting the Bank(s) to save their homes. Read the exchanges in the comments section at the bottom of the article.
    http://www.dispatch.com/live/content/business/stories/2011/03/24/chase-notifies-homeowners-about-mortgage-counseling.html

    Chase bank actually tried to discourage (bully) this attorney during the 2 day event:
    http://www.usaprnews.com/united_states_articles/2011/03/columbus-ohio-foreclosure-defense-attorney-john-sherrod-of-jump-legal-group-holds-free-seminar-for-homeowners-having-problems-with-their-chase-mortgages-204276.htm

  99. Tim Bryant says:

    Superior Court judge to oversee the foreclosure process in NJ…

    http://www.nj.com/news/index.ssf/2011/03/nj_superior_court_judge_to_ove.html

  100. Bryan Hufford says:

    Gosh……Not a posting in days, did the site go down ?

  101. Bryan Hufford says:

    Unreal how much people understand about this ongoing fraud. Yet we continue to here the Government state that the too big to fail Bansksters deserve to continue foreclose on us ” Dead Beats “…………..
    Read this if you don’t quite understand the chain of title

    http://livinglies.wordpress.com/2011/03/31/borrower-is-actually-entering-into-an-undisclosed-investment-contract-not-a-loan/#comments

  102. Tim Bryant says:

    New CEO of MERS, Paul Bognanno. He is also Chairman of the Board of Radian Guaranty, Inc., Director of First Federal Savings Bank of IA, Director of North Central Bancshares, Inc, and a self-employed consultant whose main customer is CitiMortgage. Geex, I don’t see any conflicts of interest!!

    http://www.mersinc.org/about/exec.aspx

    http://investing.businessweek.com/businessweek/research/stocks/people/person.asp?personId=4442829&ticker=RDN:US&previousCapId=320709&previousTitle=RADIAN%20GROUP%20INC

    I have attached a good link that shows MERS’ Board of Directors and their affiliations with other companies.

    http://investing.businessweek.com/businessweek/research/stocks/private/relationship.asp?personId=29198733&privcapId=29198655&previousCapId=29198655&previousTitle=MERSCORP,%20Inc.

  103. Katheryn says:

    My sincere Thank You Tim.

    I would love to make a difference where it would help others also, however, even Brad has checked with attorney friends and there is not one attorney in DE that wants these cases. If I have guidance, I will handle it pro se, which is what I was going to do anyway.

    • Dennis says:

      What is pro se, I have a case in Utah I’m having trouble with can you give me some ideas
      on what I should do ?

      Thanks,
      Dennis

      • Tim Bryant says:

        Pro se means that you represent yourself in court. You do not have an attorney.

        Without any details of the case, we really can’t steer you in any direction yet.

  104. Tim Bryant says:

    If you didn’t already know your money wasn’t safe with BofA, check out this story…

    http://mcaf.ee/93deb

  105. Beth A. says:

    Greetings – I hope everyone is having a nice weekend!

    My husband just shared this story with me…(see link below) and I have to tell you that despite the fact the the homeowner admitted knowledge…this is just amazing. The lengths to which the IRS agent, etc. went are amazing…especially when there are bigger fish to fry…this is how that agent chooses to use the government’s money (and apparently enjoys his hobby of snooping on people when the whim strikes). I’ll bet that IRS agent has a list of people who are untouchable….

    Apparently mortage companies are exempt from fraud – they are coated with Teflon..but the little guy? They fry him..

    My mortgage docs are wrought w/fraud – including initials and signatures that are NOT mine. Yep, and the mortgage disclosure doc copy the company provided with a QWR response? Blank – not signed by yours truly. Also, the verification of income/assets interview was conducted by someone named “XXXXX”, yep, litterally all X’s. I didn’t sign the doc – someone signed it for me. The assets and income are way out of whack – nothing I would ever sign in a million years! For example, I’ve never even had rental income in my life — imagine my surprise to see an asset listed that receives rental income? That’s just the start.

  106. RD says:

    We need to work together to reduce the size and influence of the Financial Industry before it sucks all the blood out of our fragile economy. OK, now for the action part: For anyone in the Central Ohio area that has been a victim of Foreclosure Fraud take a look at these links and follow up if applicable:

    http://columbus.craigslist.org/rnr/2288380379.html
    http://columbus.craigslist.org/com/2288409240.html
    http://finance.einnews.com/247pr/204276

    Good luck my fellow citizens.

  107. Bryan Hufford says:

    Chase Has my loan. Has anyone ever heard of ……Miles, Bauer, Bergstrom& Winters LLP ?
    T

  108. Bryan Hufford says:

    Hi Hank
    I know all about responsible money management, in 2009 my FICO score was in the high 7’s. It took years to get to where my wife and I were. We chose like all others in this country to invest in our home. We had allot of our own money, as well as sweat equity when we built our home. Our jobs/ income had not changed in over 10 + years.
    point is when my wife and I lost both jobs in about 60 days apart, we continued to be on time with our mortgage, until we entered into a government program called HAMP.
    Thats when we cashed in and paid the IRS 30* withdrawal fee. this was done because, because we believe in paying our bills on time…..
    Here’s my point, the Bank has allowed us to pay a modified payment while promising a mortgage modification. We were told we had it 9 months into it and 5 months later they claimed they don’ have any paperwork from us although we notarized these docks and to what end, we are 11 months behind broke and without any response from Chase
    Go somewhere else a preach your Pay Cash to someone who cares……….

  109. B Anderson says:

    To TC- If you’re behind on your mortgage or in the redemption period — the bank is trying to determine if the house is abandoned. If it is determined that the owner has left – they speed up the redemption and get your house that much quicker. If you’re not behind/in redemption…that is scary.

    We’ve been lucky – the people around here who seem to take these jobs are too scared / polite to come to the door – so they leave notes in the entry drive (on the address sign).

  110. Tim Bryant says:

    I know a lot of people cannot afford an attorney for foreclosure defense, neither could I. I am offering this information for aiding you. I am not holding out to represent any attorney or plan. I absolutely recommend that you first find a “pro bono” attorney. If that does not succeed, you can look up the following site http://reachingu.net/
    They are a non-profit that helps cover costs through the Freedom Legal plans. I am using them, so I can say that it is not a scam. Instead of paying the obscene fees charged by attornies, you pay a flat monthly rate. You can give that a try as a second resort. It can’t hurt to inquire.

    I just want to restate, I am not recommending them, I am offering it as an avenue for people who have no other options.

    • HammerTime says:

      Thanks again, Tim. This could be a great help. I may have found a “warrior lawyer” here in southern California. They were direct but did not minimize the potential fraud and irregularities by bank beyond TILA etc. If I can scrape up $1,500 I should be on my way. They charge $3,000 and $500 or $1,000 a month for full case. “Non-profit” wanted $5,000 to $8,000 up front. If they pan out will pass on info.

      • TC says:

        @HammerTime – a warrior lawyer in southern California? – this is what we so desperately need!
        If/when you can share more info, I’m interested. I found a good BK down here, but my loan is really my biggest problem – not too much other debt. I’m in Orange County, CA.

  111. TC says:

    Is this weird? – While I was at work today, my spouse said a man from Bank of America showed up at our house just to find out if I really live there….once this man got the answer “yes”, he just left. No other questions.

    Dang, I wish I would have been home to find out why he needed to know that (and get his employee number and car license plate#). I’ll never trust that bank, or any of the TBTF

    • Tim Bryant says:

      I get that once a week from BofA as well. We actually chat and joke. These contractors do not even know why they are doing it, other than knocking on the doors and taking pictures.

  112. Katheryn says:

    Beau Biden is my state’s AG. I wrote to him and sent documentation but I never got any response whatsoever from him or even one of his office flunkies. I just wrote a short letter to the Govenor and stated that perhaps he could get my message to Mr. Biden as I have had no success. I sent him a link to this site, specifically to the March 29 meeting. I also let him know he might be interested to take a look around this site as he may learn something. I better be careful or I’ll end up getting audited or some other awful thing like that. They wouldn’t have much to review, it would now be a very quick audit, thank you to BofA. LOL

    • Tim Bryant says:

      I hear ya, BofA here as well. When Wall Street tries to steal your house from you and your family, there is nothing the state can do to intimidate you. Myself personally, I will do whatever it takes to keep the banks away from my house, legal or otherwise. Anything that happens is on the states hands. I have attempted every legal way to address the situation. The state and feds could care less.

      If the state does take you to court civilly as retaliation, check to see if your state has anti-SLAPP laws. A SLAPP is “Strategic Litigation Against Public Policy”. You know, now that I think of it, homeowners who have been taken to court because of fraud can claim this as an “equitable defense” for having the case tossed out.

      That was a light bulb moment….LOL Check those laws out !!!

    • Katheryn says:

      Up-date: I did get a response from the Govenor’s office. They are very sorry for my Bank of America problems and would forward my complaint to Beau Biden. I won’t hold my breath.

    • Tim Bryant says:

      If you have a MERS mortgage, you might want to tell Mr Biden that MERS is acting outside the scope of their incorporation. Send him a copy of William Hultman’s deposition, and tell him to compare that to Delawares laws for Corporations.

      TITLE 8

      Corporations

      CHAPTER 1. GENERAL CORPORATION LAW

      Subchapter I. Formation

      § 102. Contents of certificate of incorporation.

      (e) The exclusive right to the use of a name that is available for use by a domestic or foreign corporation may be reserved by or on behalf of:

      (1) Any person intending to incorporate or organize a corporation with that name under this chapter or contemplating such incorporation or organization;

      (2) Any domestic corporation or any foreign corporation qualified to do business in the State of Delaware, in either case, intending to change its name or contemplating such a change;

      (3) Any foreign corporation intending to qualify to do business in the State of Delaware and adopt that name or contemplating such qualification and adoption; and

      (4) Any person intending to organize a foreign corporation and have it qualify to do business in the State of Delaware and adopt that name or contemplating such organization, qualification and adoption.

      The reservation of a specified name may be made by filing with the Secretary of State an application, executed by the applicant, certifying that the reservation is made by or on behalf of a domestic corporation, foreign corporation or other person described in paragraphs (e)(1)-(4) of this section above, and specifying the name to be reserved and the name and address of the applicant. If the Secretary of State finds that the name is available for use by a domestic or foreign corporation, the Secretary shall reserve the name for the use of the applicant for a period of 120 days. The same applicant may renew for successive 120-day periods a reservation of a specified name by filing with the Secretary of State, prior to the expiration of such reservation (or renewal thereof), an application for renewal of such reservation, executed by the applicant, certifying that the reservation is renewed by or on behalf of a domestic corporation, foreign corporation or other person described in paragraphs (e)(1)-(4) of this section above and specifying the name reservation to be renewed and the name and address of the applicant. The right to the exclusive use of a reserved name may be transferred to any other person by filing in the office of the Secretary of State a notice of the transfer, executed by the applicant for whom the name was reserved, specifying the name reservation to be transferred and the name and address of the transferee. The reservation of a specified name may be cancelled by filing with the Secretary of State a notice of cancellation, executed by the applicant or transferee, specifying the name reservation to be cancelled and the name and address of the applicant or transferee. Unless the Secretary of State finds that any application, application for renewal, notice of transfer, or notice of cancellation filed with the Secretary of State as required by this subsection does not conform to law, upon receipt of all filing fees required by law the Secretary of State shall prepare and return to the person who filed such instrument a copy of the filed instrument with a notation thereon of the action taken by the Secretary of State. A fee as set forth in § 391 of this title shall be paid at the time of the reservation of any name, at the time of the renewal of any such reservation and at the time of the filing of a notice of the transfer or cancellation of any such reservation.

      MERS cannot give out the use of their name to other companies. Only the Secretary of State for Delaware can. I have included a link to Delawares Corporation Laws. The incorporation must also be for a legal purpose. I don’t see how having a “shadow registry” qualifies as a legal purpose.

      I am surprised that nobody has challenged their legal standing as a Delaware corporation.

      http://delcode.delaware.gov/title8/c001/sc01/index.shtml

      • Tim Bryant says:

        Just thought of this one and wanted to pass it along..

        If MERS is the mortgagee of record, and those records are entirely recorded by employees of the “members”, as MERS “certifying officers”, than the records of the members must also be in MERS name by operation of law.

        § 122. Specific powers.
        Every corporation created under this chapter shall have power to:

        (5) Appoint such officers and agents as the business of the corporation requires and to pay or otherwise provide for them suitable compensation;

        MERS DOES NOT PAY OR COMPENSATE THEIR OFFICERS AND AGENTS. YJRY ARE EMPLOYEES OF THEIR MEMBERS.

        § 126. Banking power denied.

        (a) No corporation organized under this chapter shall possess the power of issuing bills, notes, or other evidences of debt for circulation as money, or the power of carrying on the business of receiving deposits of money.

        (b) Corporations organized under this chapter to buy, sell and otherwise deal in notes, open accounts and other similar evidences of debt, or to loan money and to take notes, open accounts and other similar evidences of debt as collateral security therefor, shall not be deemed to be engaging in the business of banking.

        THIS MEANS THAT THEY CANNOT BE THE “ISSUER” OF A SECURITY INSTRUMENT. THEY CAN BUY, SELL, DEAL IN, OR TAKE THEM ONLY. THEY HAVE NO POWER IN THEIR INCORPORATION TO ISSUE ANY EVIDENCE OF DEBT, SO BY OPERATION OF LAW, CANNOT BE THE ORIGINAL MORTGAGEE, WHICH WOULD BE “BANKING”.

      • Katheryn says:

        @Tim

        Your such a good guy Tim! Thanks. I actually almost have a law library in my house on Delaware laws and codes trying to figure the best way to go. I have my file ready to send to Brad Keiser for a loan analysis. My original mortgage was a MERS. Then we got the rip off refi and they sold the loan to Fannie Mae where it was pooled into the bond market. The satisfaction was prepared by Recontrust and signed by Rodisha Higgins, Assistant Secretary, MERS. They also violated our 3 day right of rescission by not giving us the 3 day right to cancel. I’m just not sure which way I want to take this. The way I see it, I demand a rescission where they have to undo the whole loan. I will also ask for damages on each and every violation that is found. Then I wonder if I could seek quiet title based on the fact that MERS should have no legal standing pursuant to Delaware Code.

        I will wait to see what the loan analysis shows and go from there. I know yours was BofA also. Which direction are you going with yours?
        And, how is the neck doing?

      • Tim Bryant says:

        Katheryn,

        You could be in the position of having a landmark case. Since you are in DE, you could challenge MERS, Inc’s certificate if incorporation as being fraudulent. If you succeeded, MERS would not have standing anywhere. Let’s see if we can get you some help.

        EVERYONE WHO SEES THIS….Let’s try to see if we can find some legal assistance for Katheryn. This could be THE most important case concerning MERS. Let’s all get out there and help her. Find any cases in your state dealing with MERS, and call the attorneys involved. They may help point us to the right people.

  113. marilyn lane says:

    Who closed down DOCX?
    Why haven’t they closed down Fidelity National Title? New York land records as well as Florida land records have infiltrated by Fidelity National Title’s attorneys and controls many of the county land records. They have used their forged deeds, their forged affidavits and have also used them retroactively to insert them into the county records.

    • Tim Bryant says:

      Fidelity National Title still exists. Also, nobody closed down DocX (other than in public statements). It was sarcasm….LOL.

      There was a class-action settlement against them in FL in January. Follow this link, and read about it. There is also a claim form you can download.

      http://www.sfmslaw.com/class-action-lawsuits/cases.php?id=177

      • marilyn lane says:

        I know Fidelity National Title still exists because they insured a forged deed from property I own and in Astoria Federal S & L v. Marilyn Lane. after Astoria ‘s Attorneys said It’s Indemnify, Indemnify Indemnify. -we are stepping aside and the title companies are stepping in., the title companies Fidelity National Title and Coronet Title did not want to indemnify but wanted to be intervenors and be heard and what they told the court is time makes forged deeds good.

        The Title companies, Judge Alice Schlesinger of NYSC and I all know that when the title attorneys told her “we have equity” for their forged deeds the only equity they were talking of was equity under the table for Judge Schlesinger and she ruled against the law {US Supreme Court case of Elliot v. Piersol)

        As for DOCX I see that after they were sanctioned by a US Bankruptcy Judge, Diane Weiss Sigmund
        and partially admitted there were faults in the documents, they closed the Alpharatta Georgia office but continue to mass produce replacements from their Jacksonville Fla and Dakota County Mn. offices.

        Not only should ALL the LPS’s DOCX producing offices be closed, but so too Fidelity National Title as they have infiltrated and control many of the county land records. with their false documents.

      • Tim Bryant says:

        Here’s an interesting article about Nationwide Title in FL. They are now suing their critics. These are the types of cases that are considered SLAPP. If the state has anti-SLAPP statutes, the defendant can file their own claim to have it dismiss, as it is a frivolous lawsuit to suppress speech.

        http://www.tampabay.com/news/nationwide-title-goes-on-attack-against-vocal-critics/1139169

    • Tim Bryant says:

      Came across their 2010 SEC filing. VERY interesting…..Somebody should send this to the judge in that case.

      http://www.sec.gov/Archives/edgar/vprr/10/9999999997-10-008900

      Pg 11 – “Although HAMP has produced a large number of trial modifications only a small portion of those modifications have been converted to permanent modifications to date.” DO YOU THINK?

      Pg 17 – “Schneider Kenneth et al vs Lender Processing Services Inc et al….The complaint essentially alleges that the industry practice of creating assignments of mortgages after the actual date on which loan was transferred from one beneficial owner to another is unlawful. The complaint also challenges the authority of individuals employed by our document solutions subsidiary to execute such assignments as officers of various banks and mortgage companies…” THE INDUSTRY PRACTICE?

      “Recently during an internal review of the business processes used by our document solutions subsidiary we identified business process that caused an error in the notarization of certain
      documents some of which were used in foreclosure proceedings in various jurisdictions around the
      country, The services performed by this subsidiary were offered to limited number of customers were unrelated to our core default management services and were immaterial to our financial results We immediately corrected the business process and began to take remedial actions necessary to cure the defect in an effort to minimize the impact of the error.” I DIDN’T REALIZE A JUDICIAL PROCEEDING WAS AN “INTERNAL REVIEW”. PUBLISHING DOCX PRICING TO CREATE BOGUS DOCS ON THE WEB, IS OFFERING IT TO A LIMITED NUMBER OF CUSTOMERS? GOOD THING THEY CAUGHT IT AND TOOK REMEDIAL ACTION !!!

  114. Tim Bryant says:

    This is an interesting archive from the Offices of Dewey, Scruem, & Howe……

    Click to access Chicago_Tribune_news__06-02-15_-_Obama,_Durbin_propose_federal_mortgage_…pdf

    • Gina says:

      tim,have been trying to contact you.i do not understand why you do not respond.i have a few things to discuss with you. please respond 412-773-9105

    • Greetings everyone, this is my first time to post with this message board, although I have been reading things here for several months.

      I have previously left a reply about a month before and also about a week ago telling my story as a legally blind tenant locked out by vendors five months before the bank got a deed at the Sheriff sale to be the owner and my new landlord pursuant to Protecting Tenants At Foreclosure Act of Congress.

      I made dozens of calls over the past six months trying to regain the rental and have access to personal property, but US BANK and FIVE BROTHERS MORTGAGE SERVICING AND SECURING, INC refused to speak with me. All my several attempts at court action were dismissed or denied and last week I took pictures of the same vendors returning and stealing everything, with consent of the police, that have repeatedly threatened arrest for trespass, after being arrested for trespass, although not on the property and held in jail for six seeks under excessive bail and then the charges dropped by the prosecution just three days before jury trial when ordinary people would have heard this horror story.

      I know that we can not depend on anyone in government to do the right things and that we can do it ourselves and so I invite you all to spread the word to have others see what is at my new URL:

      http://www.foreclosuredefensealliance.us>

      and my new blog:

      where I drafted a proposed legislative agenda for cities and counties everywhere to enact local legislation to take back all these foreclosed properties from the BANKSTERS for code violations that will profit all the people. This is a killer and grassroots at its best if you all help us pull it off!

      I have so much to tell and will be adding googles of resources for everyone..

      Those of you who would like to join this effort and help fine tune the draft, please let me know so that I can give you access to my google docs to let you edit with me and derive a more or less final version to disseminate to local legislative bodies throughout the US.

      Also please start compiling a list, as I am doing, of all the email addresses of local governing body members, to send this proposed legislation to, besides email addresses of newspapers and charities, like habitat for humanity, that you and I can determine should also receive this information.

      Would any of you like to link to me?

      Do you know of anyone to contact to suggest that they link to me?

      You can reach me at my phone line: 574.804.0006, 24/7, as I sleep very little, as I wake up constantly to sit down at the computer and keep at it to – bust all BANKSTERS!

      Michael-Lynn @ The “MIXED WAR” Room and The Trials of Life

      • Tim Bryant says:

        I am a little curious. How did you get a government domain name?

        Also, you stated, “… and last week I took pictures of the same vendors returning and stealing everything, with consent of the police, that have repeatedly threatened arrest for trespass, after being arrested for trespass, although not on the property and held in jail for six seeks under excessive bail and then the charges dropped by the prosecution just three days before jury trial when ordinary people would have heard this horror story.”

        Simple question…..if you were arrested for trespass last week, how were you held in jail for 6 weeks?
        Your story is too sad………………………to be true.

      • Catherine Mc Manus says:

        MICHAEL -LYNN, “TRILLIONS OF DOLLARS IN FRAUD BLOG”
        Your url link does not work ! did you make a typo?????????????????????
        I agree with Tim Bryant your story is confusing and “too sad to be true”.
        What is up with your domain name registry extension “.us&gt-will search that too.
        I will be doing some some research to determine if you are legit.
        No I have not and will not bother to call your telephone numbers but will verify them in reverse directory.
        If you are legit and trying to use this Message board to help others-you should clarify and prove it

    • The URL did not show correctly in my previous post so here is another attempt to provide it to everyone:

      foreclosuredefensealliance(dot)us

      bustallbanksters(dot)wordpress(dot)com

      Thanks for looking and helping!
      \
      \
      Michael-Lynn @ The “MIXED WAR” Room and The Trials of Life

      • My domain name was set up by my web designer that is a company with this URL:

        web(dot)com

        I think that .”us” is only a country name and not a government name which in this country would be
        .”gov”.

        Sorry that it was not clear about when the lock out occurred, which was September 29, 2010 and the arrest occurred October 10, 2010 and I got out of jail when friends bailed me out finally on November 24, 2010 and then the trespass was dismissed three days before Jury Trial that was to occur on January 13, 2011.

        It is very sad and much worse than what you know from the short version of this tale, such as this fact that the vendors and police and local animal control shelter all knowingly allowed five cats and kittens to remain locked up in the house for eight days before I saw that they had figured out how to squeeze out of a loose fitting board over a broken basement window. No one would even go place a live trap inside the door with water to catch them. I had PETA call and that also did no good.

        Thanks for your inquiry …

        Michael-Lynn @ The “MIXED WAR” Room and The Trials of Life

      • Michael-Lynn says:

        Please help me instead of beating me up. It is not easy to do this being legally blind and on less than $700 a month to live on from SSI and disability. It is costing me $85 to have this webpage each month that so far everyone seems to be having trouble linking to besides me and I do not know why, but will be discussing the problem with my web host/designer, i.e., web.com.

        It is easy to make a typo and not see it myself and you will find that my phone number is correct as stated and in my name: Michael Goble and I now live in North Liberty, Indiana in an apartment of a friend with three cats and not much else, since everything else was stolen by the vendors. Seems that someone here would be sympathetic and outraged about all that US BANK has done in disregard of PTAF and other law.

        Would you please help me understand how to put the URL in here like I see that you sometimes do so that others can click to it as I don’t seem to know how?

        Could you tell how to simply post the proposed legislative agenda here with 4closurefraud from my email account with yahoo where I composed it – I am not very computer savvy?

        Thanks,

        Michael-Lynn @ The “MIXED WAR” Room and The Trials of Life

      • Tim Bryant says:

        You must help yourself. We do not sponsor, nor condone fraudulent or criminal activities. THAT IS WHAT WE ARE FIGHTING.

        Your background, whether you like it or not, will always come back to haunt you (and you do know what I mean). Considering that, you may want to find some consolation in another location. There is no pity here for fraudsters.

        If you continue with this nonsense, I will gladly post the public records of Indiana relating to those activities….CAPECHE?

  115. Bryan Hufford says:

    Tim
    have you read how this case ended ?

    INDYMAC FEDERAL BANK FSB, PLAINTIFF, VS. ISRAEL A. MACHADO – 50 2008 CA 037322XXXX MB

    • Tim Bryant says:

      No I have not, but I will do shortly. Like everyone else, I was having trouble accessing the site today. All seems good now.

    • Tim Bryant says:

      From what I gather it was dismissed without prejudice and IndyMac had to pay Machado’s attorney feed. When it is “without prejudice”, he can be taken back to court for foreclosure. This could start all over again for him. That is a bad place to be.

      I really do not like these do-overs. The judges should dismiss “with prejudice”. It should not be the homeowners fault that the wrong party claimed they owned the note. It should be tossed permanently, and then the true noteholder can go after the fake noteholder for damages. That would make the most “equitable” sense. In this way, the fake noteholder pays for all injury and damages. This would also send a signal to others who want to game the system with claims of owning the note.

      • Bryan Hufford says:

        Tim,
        If I have a less the 12th grade education and fully understood the obvious criminal activity in that deposition, then one would have to question the Judge in this case.
        My America has just been robbed of the rule of law !

        When will the people of this country learn.? Were on way to hell in a hand basket.

        I was raised by Men, sad how we have changed…………Very Very Sad.

      • Tim Bryant says:

        Let’s see, an employee of a bank in FDIC receivership making a false affidavit….

        18 USC § 1021. Title records-
        “Whoever, being an officer or other person authorized by any law of the United States to record a conveyance of real property or any other instrument which by such law may be recorded, knowingly certifies falsely that such conveyance or instrument has or has not been recorded, shall be fined under this title or imprisoned not more than five years, or both.”

        18 USC § 1007. Federal Deposit Insurance Corporation transactions-
        “Whoever, for the purpose of influencing in any way the action of the Federal Deposit Insurance Corporation, knowingly makes or invites reliance on a false, forged, or counterfeit statement, document, or thing shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.”

        I could think of better things to do than 30 years in prison, which is what we would get if we tried that.

    • Tim Bryant says:

      Pretty ironic how the government and 50 state AGs want to sweep this under the rug, now that everyone knows the FDIC was in on it. Geez, what do you call it when the government submit false affidavits to the courts in an attempt to defraud homeowners? Oh yeah, “technical issues”.

      It’s good to know our government has our back (sarcasm inserted). Anyone know if Erica Johnson-Seck still has her job? What am I thinking, she probably got promoted, or got a higher paying position working for Tim Geithner.

      • Catherine Mc Manus says:

        50 State Ags are still in settlement talks with the banks…..it is not over yet !
        PLEASE visit and participate in a NATIONAL CALL IN DAY MARCH 29th 2011.
        Visit the website…….. http://www.crimeshouldntpay.com/countdown-to-march-29
        CALL CALL CALL EVERYONE PLEASE CALL

      • Tim Bryant says:

        It is NOT over yet…they are starting to pay attention.

        http://market-ticker.org/akcs-www?post=182893

      • Kay Mixson Jenkins says:

        Foreclosure fraud bill advances

        By J. Scott Trubey
        The Atlanta Journal-Constitution

        5:15 p.m. Tuesday, March 22, 2011
        A bill to expand the investigative powers of the attorney general and district attorneys to cover foreclosure documentation fraud on Tuesday cleared an important state Senate panel.

        The Senate Judiciary Committee approved House Bill 237, the centerpiece of new Attorney General Sam Olens’ legislative package, by a vote of 8-2. It now moves to the Senate Rules Committee for scheduling on the full chamber’s calendar. The House passed the bill March 2.

        The bill would criminalize falsifying foreclosure documents, not simple typos. Senior Assistant Attorney General David McLaughlin said his office has seen instances of back dated foreclosure documents, apparently forged notary signatures and other abuses.

        The bill also would give the attorney general and district attorneys subpoena power. The bill, if passed, would go into effect July 1, and would not be retroactive.

        Find this article at:
        http://www.ajc.com/business/foreclosure-fraud-bill-advances-882155.html

    • Tim Bryant says:

      18 USC § 493. Bonds and obligations of certain lending agencies

      Whoever falsely makes, forges, counterfeits or alters any note, bond, debenture, coupon, obligation, instrument, or writing in imitation or purporting to be in imitation of, a note, bond, debenture, coupon, obligation, instrument or writing, issued by the Reconstruction Finance Corporation, Federal Deposit Insurance Corporation, National Credit Union Administration, Home Owners’ Loan Corporation, Farm Credit Administration, Department of Housing and Urban Development, or any land bank, intermediate credit bank, insured credit union, bank for cooperatives or any lending, mortgage, insurance, credit or savings and loan corporation or association authorized or acting under the laws of the United States, shall be fined under this title or imprisoned not more than 10 years, or both.
      Whoever passes, utters, or publishes, or attempts to pass, utter or publish any note, bond, debenture, coupon, obligation, instrument or document knowing the same to have been falsely made, forged, counterfeited or altered, contrary to the provisions of this section, shall be fined under this title or imprisoned not more than 10 years, or both.

  116. HammerTime says:

    Anyone having problem posting?

  117. Tim Bryant says:

    This BofA security was just posted to the SEC…..http://www.secinfo.com/d14D5a.q27Ta.htm A few interesting items in it;

    1. “The selling agent is a member of the Financial Industry Regulatory Authority, Inc. (“FINRA”). Accordingly, the offering of the notes will conform to the requirements of FINRA Rule 5121.” – Let me get this straight, a regulatory authority who is benefiting from a security, is going to “independently” regulate it? On their website, “FINRA is the largest independent regulator for all securities firms doing business in the United States.” This must be the regulatory equivalent of MERS !!

    I wonder if this is going to be the new norm for MBSs as well.

  118. Tim Bryant says:

    Fed ordered to release who received money, and how much as part of the 2008 bank bailout. This oughta be interesting !

    http://www.bloomberg.com/news/2011-03-21/fed-must-release-bank-loan-data-as-high-court-rejects-appeal.html

    • Tim Bryant says:

      BofA must be nervous…they have posted 35 SEC statements so far today.

    • Tim Bryant says:

      USC 18 § 644. Banker receiving unauthorized deposit of public money

      Whoever, not being an authorized depositary of public moneys, knowingly receives from any disbursing officer, or collector of internal revenue, or other agent of the United States, any public money on deposit, or by way of loan or accommodation, with or without interest, or otherwise than in payment of a debt against the United States, or uses, transfers, converts, appropriates, or applies any portion of the public money for any purpose not prescribed by law is guilty of embezzlement and shall be fined under this title or not more than the amount so embezzled, whichever is greater, or imprisoned not more than ten years, or both; but if the amount embezzled does not exceed $1,000, he shall be fined not more than $1,000 or imprisoned not more than one year, or both.

  119. Martin Kavicky says:

    I have a lawyer who really gets it. Here in Connecticut.

    I don’t know if he’s taking on anymore clients, but if you are interested. Let me know and I’ll find out.

    Marty

    CT

  120. Tim Bryant says:

    Here is info on MISMO (Mortgage Industry Standards) web wiki (editable database). You will find alot of interesting info here. There are many items clearly explained, which the industry has stated they do not do….

    http://wiki.mismo.org/sdv3/Wiki%20Pages/eMortgage%20Glossary%20A-D.aspx

    • Tim Bryant says:

      Found this one real interesting as it pertains to “Noteholders” Remember, a noteholder must have physical possession of the note. This is an admission of bifurcating the note, making the debt an unsecured debt.

      “eDoc Custodian – A financial institution that contracts with a lender to maintain custody of certain electronic and paper mortgage documents on the lender’s or investor’s behalf.”

    • Tim Bryant says:

      I like this one…Read #2, then tell me what is wrong with that statement !!!

      “eNote Clause – Also referred to as eNote Language. Additional terms that must be included in the text of an eNote to comply with E-SIGN and UETA requirements. It has two parts: 1) Ensures that borrowers acknowledge they are signing electronically, and 2) Informs any holder of the eNote that legal ownership can be determined by consulting the eNote Registry.”

    • Tim Bryant says:

      From MERS website…

      Administrator Integration Questions
      Chris,

      When a company becomes a MERS Member, they are assigned both a Business Integration Resource and a Technical Integration Resource to help integrate MERS in their organization. As a part of your initial integration process, your Business Integration Resource will discuss the possible interfaces with the MERS® System. Should you wish to take advantage of one of the system-to-system interfaces, your Technical Integration Resource will guide you through the process and provide assistance with connectivity.

      Most MERS users do not set up VPN software on each workstation, but that would depend on how you implemented MERS in your existing application. Besides flat file and EDI interfaces, and our browser application, we support XML Registration and Inquiry transactions using MISMO request and response envelopes.

      If you are a vendor, there is a flag on the system that allows MERS to designate that you wish your client to be billed for transactions. If this flag is activated on your profile, the client member is billed for any MERS transaction you perform on their behalf. If this flag is not activated, you will be billed monthly for all MERS transactions you perform.

      For more specific information about integrating with the MERS System, please call our corporate office at 800-646-6377 and ask to speak to our Membership Manager.

      Thanks,

      Robyn

      August 9, 2007
      03:10 PM

  121. Tim Bryant says:

    Anyone who is fed up with the organized criminal activities of Wall Street, and the seditious conspirators who work in the government aiding and abetting them, please follow this link and join in…….

    http://ampedstatus.org/network/groups/a99/

  122. Katheryn says:

    Here is the lawyers “that get it” link from livinglies site.

    Click to access lawyers-that-get-it-0310.pdf

    This list is for all states. Many of you might have already checked here, but I wanted to post as it might help someone.

    • Bryan Hufford says:

      katheryn,

      I have that list, but having a hard time finding a referral within a 100 miles. I keep searching

      • Katheryn says:

        have you looked at the Vondran law firm. if none of their offices are near you, I bet they can give your some referrals. If you have not checked there, it’s worth a try.

      • Bryan Hufford says:

        Thank You,
        I am in AZ working, they are very close. I’ll call them
        Everyone is so helpful, Bless you !

  123. Bryan Hufford says:

    Looking for some GOOD lawyers in California near Santa Barbara.
    Same as everyone, I think I need to get ready sooner than a notice of sale. Any names to get started.

    • Eugene Villarreal says:

      For Bryan Hufford :
      Besides livinglies.word.com, there’s also gingolaw.com has Ca. lawyers listed. foreclosuredefensenationwide also has associates in Ca. Fees ? These are lawyers who “Get It .”

  124. HammerTime says:

    Article in LA Times for Mortgage service bill of rights. Thinking along these lines w/ recent discussions. Haven’t reviewed in detail but wanted to get it out there.

    http://www.latimes.com/business/realestate/la-fi-harney-20110320,0,6604263.story

    • Tim Bryant says:

      I read it, and it is crap. There are already state settlements with the lenders that call for the same mandates. They have not been abided by. I live in MA, as part of the Countrywide settlement, there was supposed to be principle reduction. This has not happened, and our AG does not and will not follow through with the settlement agreement.

      The only way the banks are going to pay attention is when they start getting locked up. Until then, the agreements are not worth the paper they are written on.

      That’s just my personal view.

      • HammerTime says:

        I see your point. Seems a bill of rights puts a different context. What you are saying about MA and Countrywide could be part of the case for it and points out weaknesses of this version.

      • Tim Bryant says:

        In MA, the AG is in effect, making a settlement, for violating a prior settlement, for violating the MA state laws. Hey Martha Coakley, can you be a little more blatant in your attempts to cover up for the banks?

  125. Bryan Hufford says:

    Has anyone read how this case ended ?

    INDYMAC FEDERAL BANK FSB, PLAINTIFF, VS. ISRAEL A. MACHADO – 50 2008 CA 037322XXXX MB

  126. Katheryn says:

    Due process is the principle that the government must respect all of the legal rights that are owed to a person according to the law. Due process holds the government subservient to the law of the land protecting individual persons from the state. When a government harms a person without following the exact course of the law it constitutes a due process violation which offends against the rule of law.

    Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process), so judges – instead of legislators – may define and guarantee fundamental fairness, justice, and liberty. This interpretation has proven controversial, and is analogous to the concepts of natural justice, and procedural justice used in various other jurisdictions. This interpretation of due process is sometimes expressed as a command that the government shall not be unfair to the people or shall not abuse them physically.

    This paragraph came right out of the “Constitution of the United States”. It would seem that what is happening with the bank’s unlawful seizure of property belonging to citiziens of the US and then laws being enacted and changed to accommodate these illegal activities would be a really good case for the ACLU. Isn’t that the basic purpose of the ACLU defense of basic constitutional rights? Just a thought.

    • Tim Bryant says:

      This is what the government thinks of the Constitution…

      Rex 84, short for Readiness Exercise 1984, is a contingency plan developed by the United States federal government to suspend the United States Constitution, declare martial law, place military commanders in charge of state and local governments, and detain large numbers of American citizens who were deemed to be “national security threats”, in the event that the President declared a “State of Domestic National Emergency”. The plan stated that events that might cause such a declaration would be widespread U.S. opposition to a U.S. military invasion abroad, such as if the United States were to directly invade Central America[1][2][3][4][5][6]. To combat what the government perceived as “subversive activities”, the plan also authorized the military to direct ordered movements of civilian populations at state and regional levels.[7]
      Rex 84 was written by Lieutenant Colonel Oliver North, who was both National Security Council White House Aide, and NSC liaison to the Federal Emergency Management Agency (FEMA), and John Brinkerhoff, the deputy director of “national preparedness” programs for FEMA. They patterned the plan on a 1970 report written by FEMA chief Louis Giuffrida, at the Army War College, which proposed the detention of up to 21 million “American Negroes”, if there were a black militant uprising in the United States.[1] [8] Existence of a master military contingency plan (of which REX-84 was a part), “Garden Plot” and a similar earlier exercise, “Lantern Spike” were originally revealed by journalist Ron Ridenhour, who summarized his findings in “Garden Plot and the New Action Army.”[9]
      Rex 84 was publicly mentioned during the Iran-Contra Hearings in 1987. [10][11] Transcripts from the hearing in the New York Times record the following dialogue between Congressman Jack Brooks, North’s attorney Brendan Sullivan and Senator Daniel Inouye, the Democratic Chair of the Committee[12]:
      [Congressman Jack] Brooks: Colonel North, in your work at the N.S.C. were you not assigned, at one time, to work on plans for the continuity of government in the event of a major disaster?
      Brendan Sullivan [North’s counsel, agitatedly]: Mr. Chairman?
      [Senator Daniel] Inouye: I believe that question touches upon a highly sensitive and classified area so may I request that you not touch upon that?
      Brooks: I was particularly concerned, Mr. Chairman, because I read in Miami papers, and several others, that there had been a plan developed, by that same agency, a contingency plan in the event of emergency, that would suspend the American constitution. And I was deeply concerned about it and wondered if that was an area in which he had worked. I believe that it was and I wanted to get his confirmation.
      Inouye: May I most respectfully request that that matter not be touched upon at this stage. If we wish to get into this, I’m certain arrangements can be made for an executive session.
      Exercises similar to Rex 84 happen regularly.[13] For example, from 1967 to 1971 the FBI kept a list of over 100,000 persons to be rounded up as subversive, dubbed the “ADEX” list.[14]
      The basic facts about Rex 84 and other contingency planning readiness exercises—and the potential threat they pose to civil liberties if fully implemented in a real operation—are taken seriously by scholars and civil libertarians.

      • Katheryn says:

        A retired judge I know warned about these FEMA camps 2 years ago. He also warned me of many of the things you and others have warned about concerning our freedom as well as our monetary system. Unfortunately, taking away our basic freedoms can be easily hidden under the infantesimal layers of “so called” protection. Just as the government needs spies so do the common people to protect us from our own government. How very sad.

    • Tim Bryant says:

      Kathryn,

      You will like this guy. Anyone in San Miguel County vote for this guy !!!

      http://www.ricoforsheriff.com/

  127. Bryan Hufford says:

    Tim,
    I saw the article about the consumer board you posted. Honestly that really is the mentality of our government.

    You want to protect our neighborhoods from crime ? Hire a parole they certainly have a great resume !

    Mr. Mullings is President and CEO of the Mortgage Electronic Registration System, Inc. (MERS), established in February 1996. MERS is a national registration system that tracks mortgage rights for the benefit of consumers and the real estate finance industry. The idea was conceived by a technology committee of the Mortgage Bankers Association of America (MBA).

    Getting well I hope !

    Thanks for fighting the good fight

    • Tim Bryant says:

      It’s like whack-a-mole. Every place their ugly heads rear up, you have to bash them back down….LOL

      • losing my home in florida says:

        @ tim do you think ben ezera the lawyer in florida who has not turned their files into fannie mae is trying to start a law suit against fannie mae and the big banks for making them falsify documents. maybe they refused the pay off stern refused. the probably told stern to take the brunt hit and we will give you so much money. maybe ben ezera got the same letter and refuses the pay off. he knows all thes people have been scammed the appraisals were all fake. to many people in jail for mortgage fraud but no one from the big banks that told the appraisers if oyu do not come in=at selling price no work. basically what happened to ben ezera stern ect. if oyu do not fudge the paper work we are missing no work
        so ihope ezera does not cave and gets a lawsuit going. that would be great. my daughter makes a wish eveyr day on 11:11 am or 11:11 pm please make a wish for all of us this is going to be a long laboriious road fo rme and my family.

      • Tim Bryant says:

        I believe that they MAY be using this information as leverage against Fannie Mae. Fannie will only be able to proceed so far in this complaint if there are fraudulent practices involved. For those 15,000 homeowners, I hope this stays in court for years.

  128. Tim Bryant says:

    HUD proposing a Federal land grab of foreclosed properties, through the use of “Land Banks”

    http://www.hud.gov/offices/cpd/about/conplan/foreclosure/landbanks.cfm

    • Katheryn says:

      So now we get to what this is possibly all about. I’m thinking out loud….the government sits back and lets the banks make billions of dollars defrauding the homeowners and investors.

      Huge profits are realized and pockets are well lined.

      They take home ownership away from the middle class grabbing up the homes now from the banks. Banks don’t care have already made triple on each home.

      Banks turn homes into rentals forming huge coroporations that will make tons on investment properties that have been revalued down to nothing, therein owing less property tax and will have all kinds of tax shelters.

      Poor sorry middle class will now become renters who will now have their largest tax deduction taken away. Shabazz….brilliant…..look at the upped tax revenue. Again, as always in this country, off the backs of the middle class!

      I really hope that I am way off base……..!!!!!!!

      • TC says:

        Katheryn – I think you’re spot on (unfortunately)!
        The only part that still puzzles me a bit, is why there aren’t more Congress people fighting for the tax losses in their repective states from declining property values. (?)

      • TC says:

        Oh yeah – and with every foreclosure, it attempts to wipe the fraud off the books. I think that’s why Timmy G and Obama want this dealt with quickly.

      • Tim Bryant says:

        I think we need to find out how the transactions between the banks, trusts, and/or investors legally transfers the property to the government. Does HUD do a complete title examination? Is the property already contracted for during the course of the proceedings? (then the government would be the true owner, and any foreclosure action would be a violation of the Takings Clause). Do you ever get the feeling MERS is hiding this as well.

        I think I may move to Canada. They don’t seem to have these issues…..LOL

    • HammerTime says:

      Conplan huh? Now we’re getting slapped in the face!

    • HammerTime says:

      @ TC great point on tax revenue issue to raise with Congress. One of my goals is to use high cost loan data to put a spotlight on foreclosure impact on areas. Tried to use in local election but hope to address with Maxine Waters and own congress person. Hopefully can develop further as I’ve been saying. Difficulty is we are all working on our own “dual tracks” trying to survive while trying to raise the issues.

  129. I am furious. I was in my office when I heard a voice and went to see who it was or what it was. I walked into the living room and there was a woman leaning over my husband who was a sleep on the couch, he is recovering from cancer and had his voice box removed 06/08/2010 everything that could go wrong did and he did not get out of hospital until 11/10/2010.

    He can not speak or hear, he was looking around for me like a caged animal. This woman turned around a handed me a flyer and said “You Need To Call U.S. Bank” I said “no” she said she would tell them.

    My seven yr old told me in told her to come in. Well he knows better, but thats not the point, Where I come from you don’t go in anybodies house without an adult inviting you.

    Have they been in here before? We live in the country never lock the doors, but I will now.

    Called the sheriff, they were really nice but son let them in, so they can’t do anything.

    • Katheryn says:

      I’m so sorry for your family. That is horrible! There is going to be some really bad incident and someone really getting hurt or worse if the banks continue to behave this way. I feeeeeeel it coming!

  130. martin Kaviky says:

    Has anyone else had prolems with Wilmington Finance, CIT, Veriquest, Bank of New York Mellon, and especially Hal Bartow – Artow the robo-signer ?

    I’d be pleased to hear

    Marty

  131. Tim Bryant says:

    The SEC is attempting to make the mortgage mess even worse. They are proposing “risk retention” in securities, where issuers retain an interest in the loans. Add another party that will have their hands in your mortgage.

    Click to access 33-9117.pdf

    I am amused by this statement in the proposal..”We understand that the isolation of the assets comprising the pool from claims of other creditors is important to ABS investors.” The SEC wants to help hide assets? Then they toss in this statement, “The proposed shelf eligibility condition would be to hold an interest in all the securities sold to investors and not the underlying assets directly nor the residual interest. ” This must be their MERS proposal where an unknown interest is held, except the principle or interest. Can anyone define yet what this unknown interest is, if it does not include the assets or interest? This will make the MBS shell-game worse than it already is. Uncle Sam has your back!!!

    What is bemusing is, given this proposal, there will never, ever, be a TRUE SALE. The SEC is setting up investors to take a pounding. Go for it !!!

    • HammerTime says:

      Interesting along w/ agreement below on assumption of valid signatures etc.

      And w/ post on MERS…what a tangled web…interesting it’s dated ’97. Would be interesting to connect the dots from previous scandals, the players to politicians/policy.

  132. HammerTime says:

    @ Katheryn I’m w/ you 100% esp on your comment to Losing Home in FL. I would just say it’s beyond Republican/Dem and we need to see how much power corporations have taken the past 10 years and control of media, campaign financing etc. It makes you wonder but there are some good people on both sides of the aisle and in courts that hopefully will be part of the fight.

    Interesting article today on WaMu exec lawsuit. Raises lots of questions along these lines.

    • Katheryn says:

      @ HammerTime

      You are correct. There are good and decent politicians and legal professionals out there. The sad fact is that they are goldfish swimming amonst the sharks and it is hard to stay in the game. We should all make an effort to single these folks out and let them know we recognize their efforts. A little recognition goes a long way in showing that we appreciate them. Sadly, I feel there are far too few, as the good ones get out of the ocean of sharks before being eaten. That is what our political system has come to….no longer for the people by the people. That’s what we need to take back but the real problem is HOW?

      • HammerTime says:

        Exactly what I’ve been thinking about. Hoping I can use my data resources to single out main offenders by local community. If an area was abused we single out any lender or politician it corresponds to no matter if they’re Repub, Dem or a nice guy or gal! The thing we have left is public pressure. And they will worry about perception. We should all write a letter or call in to Kay’s bank and rep and post wherever we can!

      • Katheryn says:

        If you need help in writing letters or research or anything, give me a shout. My strength is not taking the lead at things, but I’m a good helper!

      • HammerTime says:

        @Kathryn – Will do. There’s some good people on here. Could make a good team and help people out. My meeting w/ lawyer is tomorrow and I’ll be assisting a family w/ their case. I’m working on some ideas and will run them by you. How should we exchange emails?

      • Katheryn says:

        @ HammerTime I’m working tomorrow so I might get to read your up-date, but I probably won’t be able to answer. Do let us all know how the meeting goes. You mention meeting with your attorney and a family. Are you with a mod company? I agree there are good people on this site and hopefully we can do some good while making some progress against these horrible banks. I was also giving more thought about this “deadbeat” homeowner mentality of just wanting a free house. The fact of the matter that in many cases these banks have committed crimes tends to get lost when compared with some deadbeat getting a free house. I guess to many, it is like the killer who walks free based on a technicality. The anger attached to the killer getting away with murder makes one loose sight of the legal protections behind the “technicality”. That is why I keep saying we need to get the information out there that shows the negative impact this has on everyone in far reaching ways. We also need to publically shame our politicians and court systems who are turning a blind eye to outright crime. A good start could be a letter to each state’s county clerks on how much revenue has been lost due to MERS along with a copy of the letter to all local newspapers of each county. This is how you get the general public roaring. There are so many out there who would not have a clue what MERS is. If you asked people at random on the streets, you would probably get answers from a “planet to a new candy bar”. They are clueless that it has allowed banks to reap more profit at the expense of their county services. As painstakingly as this process is, it is how you get to the local people. Can we get 60 minutes or one of these news shows do a segment on it. My background is marketing and as trite as this may sound, you need a really well coordinated marketing campaign against the “deadbeat homeowner” mentality. This is not an easy task!

  133. HammerTime says:

    Thought this was interesting file in PSA research

    http://www.sec.gov/Archives/edgar/data/1417410/000089322007003836/w43213exv8w1.htm

    In our examination, we have assumed the genuineness of all signatures, the authenticity of all documents submitted to us as originals, the conformity of all documents submitted to us as certified or photostatic copies to the original documents and the authenticity of such documents. We have assumed that any documents executed by any party other than the Company are the legal, valid and binding obligation of such party. As to any facts material to the opinions expressed herein that we did not establish independently or verify, we have relied upon the truth, accuracy and completeness of the statements and representations of the Company, its officers and other representatives, the Trustee and others. Whenever the phrase “to the best of our knowledge” or “of which we are aware” is used herein, it refers in each case to the actual knowledge of the attorneys of this firm involved in the representation of the Company in this transaction.
    We express no opinion as to the effect of the laws of any jurisdiction other than the laws of the State of New York, the General Corporation Law of the State of Delaware and the federal laws of the United States of America.

    • HammerTime says:

      Legal opinion of Chase Mortgage Finance Corporation Series 2007-S6

      Chase Mortgage Finance Trust Series 2007-S6 (Filer) CIK: 0001417410

  134. Katheryn says:

    @ Steve Gillian

    I agree 100%, strength is in numbers. However, I can’t agree with the focus of your efforts. In know the theory that honey gets more….but there is also the knowledge that a bully only knows one thing…to be bullied back into place.

    I was turned down for mods several times but was approved for a HAMP refi. Our ratios were 48/85. They charged us over ten grand in points and fees to lower our payment a couple hundred dollars a month. They knew when our savings ran out we would default. They were also given TARP money for funding this refi. This was a travesty. I would like to know how we could possibly been approved for a refinance which added money to an already underwater loan balance, but not qualified for a mod. Steve – do you honestly, in your heart,, believe that they did not know exactly what they were doing? Do you honestly believe that I could be a supporter of any government supported program with regards to the banking industry? A real mod would have made a real difference then. This is along with all the other fraud and errors in my loan docs. I saw one of your posts Steve, wherein you mention the courts don’t yet understand the whole bank fraud concept yet. I’m am sure there are lots of cases that come before courts, wherein the judge must get himself/herself up to speed. This is not an excuse to completely turn the other way and rule in favor of those blatantly breaking laws left, right and sideways as they continue their escapades. What in the world would make you think that they would suddenly be trustworthy when they have gotten away with so much. Do you think that had Bernie Madoff just quietly walked away with billions because the legal systems just didn’t understand how his ponzi scheme worked he would not have continued with another money fraud scheme? People and corporations that will steal anything from anyone do not suddently wake up one day and say..wow, I hurt a whole lot of people, I will not break the law anymore. Riiiiiiight. I’m sorry, there needs to be punishment and redress not additional ways to rip off already down and out folks. You should focus the efforts on letting the public know just how corrupt their government really is and how this effects all of them even if they are not in the midst of their own foreclosure crisis.

    I’m don’t mean to be offensive in regards to your cause, I just feel it is misdirected, overtrusting and far too mamsey pamsey in regards to how truly criminal their actions have been and will continue to be.

    • HammerTime says:

      I mostly agree with your post but I would say we need to aim our energy at the “big banks” and the corporations sponsoring the corrupt politicians and judges and not over reach and focus on government in general.

      • Katheryn says:

        I’m sorry to disagree and wished that I could disagree but the facts lead me to believe that the government was and still is protecting the banking industry as well as the judges and politicians. We the people expect a government to uphold the constitution. This is what we expect and this is what we pay hard earned tax monies for. If I were to believe the premise that the Feds had no idea that the banking (notice I didn’t use American before banking) industry was riddled with fraud and abuse…then it seriously needs to go. It really doesn’t have the wherewithall to even run a peanut stand, much less the USA. I believe the Republican stance that the government is far too big to be efficient; the right hand has no clue what the left hand is doing in most cases. That is very frightening. On the flip side, I do not agree with the Republican stance that there needs to be less regulation. How could there possibly be less regulation then there is now??????????????????
        We need to CLEAN up and CLEAN out the current system. You cannot have less regulation and this situation and the Enrons and the Madoffs…are the reasons why. For the most part neither individuals nor corporations “just do the right thing” when it comes to the almight dollar. They just don’t. That was back in the day….not now. Sad but a fact.

        Your position that I should blame the banks more than the government. Lets look at that closely. If you owned and operated a big corporation and suddenly found out that the middle managers of your company had embezzled lots of your hard earned money and that of your employees through their stock in your company. Do you think that your employees would just blame your middle managers or would they hold you accountable. Would you take the same position and cry “that isn’t fair, I didn’t know”, or would you stand up and shoulder the blame also? In this analogy I use the premise that you really did not know, but you would still be accountable.

        I assure you that too much has come to light and been proven to suggest that the government knew what was going on and for whatever reasons, let it continue. My example above is not entirely on point in that the government does not own the banks but it got envolved and did nothing to address, stop or correct the biggest ponzi scheme ever, which does fall under the governments jurisdictiion. No, I’m sorry, no pity or going light on the government. I actually feel they are even more at fault. Unless I hear or read factual information that changes my mind, I have lost all respect for our government.

      • Tim Bryant says:

        Found this on the Fed’s website. It was too funny not to pass along. Let’s see, the CEO of MERS was on the Fed’s Consumer Advisory Council? Because when I think of protecting consumers, I think of MERS….LOL

        http://www.federalreserve.gov/boarddocs/press/general/1997/19970106/

    • Tim Bryant says:

      If the banks are allowed to settle for their criminal acts, maybe Madoff will petition the court to “pay off” the rest of his jail time, and he will enter into a “settlement agreement” with the state AGs to rid himself of those pesky claims of investors who were swindled.

  135. B Anderson says:

    Re: Difficulty in finding trust data via SEC’s EDGAR system —

    The trust listed in our foreclosure notice (where our mortgage supposedly was placed) has EDGAR data filed up until 2008. Thereafter, the trust filed notice w/the SEC that it was eligible for an exemption from reporting under an Act of ’34 rule (Securities Act). I looked up the Act and it looks like if the offering involves no greater than 300 investors (if I recall correctly), it is exempt from reporting. So, that can make finding data difficult, for sure.

    I am a compliance “geek” by trade but not an expert on securities offerings…but can manage to wade thru rules and regs on that side of biz. If memory serves me correctly (and as middle age sets in…it doesn’t always), I think these smaller offerings still have to be filed w/the various state securities regulators (where offered) and I think if the investors number over 100 (? may have changed)…so these state regulatory offices may be a helpful resource in locating smaller trust info. JUST A HUNCH….

  136. Bryan Hufford says:

    California Foreclosure Losses in Billions, Lawmaker Wants Banks to Pay
    03/17/2011 BY: JOY LEOPOLD

    According to a community advocacy group in California, home value losses from foreclosed homes in California have cost a minimum of $632 billion, and could end up costing as much as $1 trillion.

    The Alliance of Californians for Community Empowerment (ACCE) released a report on Thursday detailing the cost of the foreclosure crisis in California.
    California is considered one of the “hardest-hit” states in the country, and according to the report, one in every five foreclosures in the United States is in California. Nearly a third of mortgages in California are underwater, and there have been 1.2 million foreclosures in the state since 2008.
    The alliance says the loss in property tax revenue is nearing $4 billion, amounting to a $2,058 property tax loss per foreclosure. Not only that, the group estimates that foreclosure-related costs that get kicked back to the government amount to $17.4 billion, or more than $19,000 per foreclosure.
    The advocacy group is doing what it can to stem the money that seems to be endlessly hemorrhaging from the state.
    ACCE has teamed up with a California assemblyman who is proposing legislation that would force lenders to pay $20,000 for each home foreclosure they initiate in California.
    Assemblyman Bob Blumenfield (D- San Fernando Valley) said the money would go to local schools, fire departments, and other community services, in an effort to make up for lost property taxes and other state expenses that arise from foreclosures.
    According to the ACCE report, 53 percent of property taxes are allocated to school districts and community colleges. The other 47 percent is allocated to community services through special districts, cities, and counties.
    The group said there was an estimated $627 million loss in property taxes in California during the 2009-2010 fiscal year.

    This is the reason we all are losing our homes. Government fines would do nothing to help the homeowners in foreclosures. If the morons had just been that concerned about the bansksters………

    Politicians are not doing anything to help the millions of homeowners that are underwater. They just keep thinking of ways to line their own coffers, It’s just Sad !

  137. HammerTime says:

    Response to John below.

    Also may try file numbers in Google to try and track down actual loan but this may get you trust name

    This may be an example for 7/07 –

    http://www.sec.gov/Archives/edgar/data/1402955/000089322007002422/0000893220-07-002422-index.htm

    http://www.sec.gov/Archives/edgar/data/1402955/000089322007002422/w37035exv4w1.htm

    -> PSA Chase Home Finance replaced by CHASE MORTGAGE FINANCE CORPORATION ?

    -> does not list loans appear to be in exhibits 4.# but omitted

    Chase Mortgage Finance Trust Series 2007-A2 Name I started with

    Other info from 8k

    Chase Mortgage Finance Corporation
    (Depositor)
    Chase Home Finance LLC
    (Sponsor)
    Chase Mortgage Finance Corporation
    (Registrant)

    Delaware 333-141145 52-1495132

    (State or Other Jurisdiction (Commission (I.R.S. Employer
    Of Incorporation) File Number) Identification No.)

  138. Martin Kavicky says:

    Does anyone have any information on “Hal Artow” ??

    A robosigner on numerous documents, MERS etc. as VP

  139. Katheryn says:

    The most frightening of all of this and what the general public does not realize is the fact that there really are “NO” Laws. Laws are created or absolved by the Federal Government. That is true dictatorship when the common citizens really have no right to due process unless given permission by the government. What is a crime for an independent citizen who would be tried and prosecuted would be no crime at all if committed by those (people/corporations) of wealth. Next will be once we are charged, our right to a trial will be taken away.
    A crime is a crime is a crime.
    This is absolutely insane and a new press campaign should also be aimed at getting this message out to the general public. The more general public rage and anger the more pressure it puts our dictators. Perhaps it is too late and there is no hope 😦

    • losing my home in florida says:

      @ kathryn thank you you are right i feel so alone. lawyers dont even want these cases. they know we have fraud. they the big banks semm they could do what ever they want to us. this is so stress ful . how can a bank constantly fraud the same person. why are they doing htis to me. i know they want the money from hamp, they want the foreclsoure money, its so sad they are trying to double dipp i have finally cought on.
      scared thought . love where i live do not want to lose my home buti will fight

      • Katheryn says:

        don’t feel alone, you’re not. So many of us. Do the best you can but never never ever let them take your spirit. A house is a house, where you live is where you make it Home! We all need shelter and we will all fight the good fight. One way I cope is that I’m am a planner. I feel more in control when I have plan B in the works if plan A fails. I also have a deep belief in god and I never feel complete despair as I always trust that things will work out one way or another. Where one door closes, if you let it, God will open another. I’ve been through worse situations and usually come out standing on my feet! A bit wobbley, but nonetheless, standing.

        I know there are no lawyers in my state that will take these cases. Who knows why, money I guess. But you are in Fl and I think there are more resources and lawyers there that can help. Keep searching, ask for strenght from above and you will get through this.

      • TC says:

        You’re definitely not alone. There are a few million of us. Unfortnately not everyone has the stomach to fight.

        i’m sure you’ve heard of the National WAMU group – they are fantastic! even if you don’t have a Chase/Wamu loan. Some of the wonderful people who belong to that website group have been fighting this battle for a few years. When I joined them, I felt like I suddenly had several hundred friends who all understand what I’m going through.

        Also, they have a huge Florida group.
        http://www.wamuloanfraud.com

        Please give them a chance if you haven’t joined them yet, although please keep in mind, they too are stressed out homeowners fighting the good fight.

    • Tim Bryant says:

      It is not too late. These AGs should be publicly embarassed that they themselves are breaking the law. The media is the way to go on this one.

    • losing my home in florida says:

      there are angels amongst us. thank you for your words of wisdom. actually god provided. before imoved to this part of florida 300 miles north of miami , i lived there for 30 years moving north from miami to hollywood, fl (you can see the city on the east coast near ft lauderale) we had bought anew home about 25 miles west of miami and fl has a strange tax law with new houses. the 1st year you pay for the mpty lot the 2nd yr your reassessed well we got a 7k tax bill. yes i cried and new we had to move. we sold. and moved here 300 miles north and now here i am going into foreclosure because the job market has been horrible. but on the positive side foreclosing down south where would we live some disgusting roach infested duplex?? thats all that would be affordable here in hernandp county there are new homes being rented for 800-900/month about 500 dollars less then my mortgage . there is a community not far from where i live with nice homes even where i live there are homes that price. so its not all bad its just me and my husband put our 20% down we do not want to walk away but the modification process was more than i could handle. losing paper work , putting me in foreclosure, the lieing. i am a wreck, i told my husband that is is positive because he needs to retire in 10 yrs and this house would have been to expensive. so now i just have to find a good attorney to take our case. i cant get one to call me. florida is just so corrupt our judges other then a few allow them to take our house so now we have such a decrease in property values. noone gets the relation or they but its ignored. so thank you for advice i am just not doing very well. this has consumed my life.

      • Katheryn says:

        We also put down 20% and that is gone plus we are still underwater. Even foreclosures are not selling. They are not being truthful about how dire the real estate market really is. So many of us have lost our retirements as well as our savings. I’m still alive, healthy, maybe not always happy but fairly content even in the hard times. Keep your chin up, always try to be thinking of a back-up plan and don’t give up. I know it’s hard…believe me I know…but I look for the things to be thankful for so I am not always dwelling on the bad 🙂

    • Steve Gillan says:

      Everyone, there are very knowledgeable people on this site passing on their information to help others in these very difficult times. I applaud their efforts, research and analysis which can help many people. I support these efforts but I look at it a little differently with regard to what can we do. Unfortunately many people do not have the financial resources to take legal action – its a shame but that is the reality of it.

      We take the approach of let’s change what can be changed to try and save our homes. Action needs to be taken quickly to help as many people as possible including yourself. These action must be achievable, they must be focused on the people that can make these changes. Hopefully all these legal challenges will have an impact at some point but there are obstacles in the way before new rulings in the courts will impact in great numbers.

      18 Senators sent a letter on Mar 3rd to request changes in the modification effort. A bill (S.489) was introduced by Senator Reed from RI that is pretty good legislation. These Senators need our support and they need it now. Our SAVE OUR HOME effort is an attempt to support both of the above actions. The Senators have a plan for implementation in their hands.

      We need thousands of people to let these Senators know they have support. We must convince other Senators, than the House to join this effort. We the people can make that happen if we try but it takes effort on our part. We have a plan to bring this pressure but we need the numbers to be effective.

      This is not just call your Senator or Congressman campaign because your Rep may not be that important at a specific time. Your efforts will be better spent on a specific Senator who can make this happen. I invite everyone to visit and join our effort at http://aahmp.blogspot.com/2011/03/what-we-need-for-soh-to-succeed.html

      Some people may think we have small goals – they feel we have to bring down Wall Street and make them pay both financially and criminally, this may be true but it is not going to happen anytime soon. Let try to change what can be changed.

      Just for some people who disagree with modifications, Senate bill (S.489) includes a provision where a owner does not give up their rights if they get a modification.

    • Tim Bryant says:

      You are correct. Your right to a trial will be next. You need to research “Rex84” on the net. The government already has plans to suspend the Constitution and declare martial law.
      http://en.wikipedia.org/wiki/Rex_84

      While this may scare you, it should be noted that it would never work here. There are some critical contingency plans that were overlooked. Military forces only operate functionally on foreign soil, where their identities (and families) are unknown to the force they are trying to suppress.

    • Tim Bryant says:

      In some states you have the authority to do a “citizen’s arrest”. Each state varies on it’s requirements. I could not do that here in MA as the requirements are very strict. May be worth checking out. Remember though, you assume all the liability for a false arrest.

  140. Tim Bryant says:

    SEC won’t allow BofA to withhold foreclosure practices from investors…..

    Click to access aflcioreserve031411-14a8.pdf

  141. Tim Bryant says:

    FBI Director’s testimony gives little hope of any forthcoming Wall Street Fraud indictments……

    http://www.fbi.gov/news/testimony/oversight-of-the-federal-bureau-of-investigation

  142. HammerTime says:

    Another good blog

    http://www.no2housingcrime.blogspot.com/

    Aid for unemployed and other homeowner programs

    http://www.keepyourhomecalifornia.org/

  143. Tim Bryant says:

    CUSIP (owned by the American Bankers Association) letter to the Treasury Dept…..January 2011…..Statement on Legal Entity Identification, and Data Record Keeping for Financial Contracts

    Click to access LegalEntityIdentificationforFinancialContracts.pdf

    Click to access SwapDataRecordKeeping_ReportingRequirements.pdf

    (FYI, the CUSIP is the ID for the MBS holding a pool of loans) It looks like the Banksters want to keep this info all to themselves.

  144. HammerTime says:

    Link to Cruz v Wamu TRO in CA case http://stopforeclosurefraud.com/2011/03/16/ca-judge-grants-tro-serious-questions-respect-to-fraud-claims-cruz-v-wamu/

    First paragraph alone looks like may be perfect for my case.

    Thx to Eugene for heads up

  145. Tim Bryant says:

    MERS title defects in Florida as early as 2006

    http://www.title-ed.com/FloridaTitle/

  146. Tim Bryant says:

    Another MERS rant….

    If the security instrument you sign with MERS, already has a MERS MIN assigned to it, hasn’t the lender already assigned the loan to MERS without you consent? What is the actual purpose of the security instrument when this occurs? Also, by that point, it is an adhesion contract. The deal has been done before there is any agreement between the borrower and MERS. So then, where is the assignment from the lender to MERS?

    This would seem to be an equitable defense (only against the assignment). This would also open up discovery as to how the assignment occurred prior to the contract. Also, did MERS transfer the mortgage BEFORE the deal was done? If so, was the stated lender on the note, even the true beneficial owner of the note at the time it was signed? I just noticed this while going through my docs……curious

  147. Tim Bryant says: