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DENY AND DISCOVER AND MAKE THE COURT FOLLOW THE RULES
I had a question from a reader recently that got me to thinking about the rules of civil procedure for which I received the book award when I was in law school. I’m not boasting, I’m apologizing for not thinking of this before. If you have a hearing on a motion to quash, motion to dismiss, motion for summary judgment or any other hearing in which it has not been specifically noticed as an evidential hearing at which witnesses and exhibits will be proffered as evidence, then you should challenge the Judge if he asks you a factual question.
The appropriate answer is something like this (Check with local counsel): “Judge, this hearing was noticed as a hearing on the motion filed by XXXX, and relates to oral argument regarding the legal sufficiency of YYYY. I am reluctant to answer your question because it turns the hearing, over my strenuous objection, into an evidential hearing, for which I have had no notice, no opportunity to prepare and no opportunity to gather witnesses. Your question further presumes a fact that is not in evidence which is whether or not I ever had any financial transactions with these people or their predecessors — a fact that I have denied.”
The question in one form or another, is going to be something like”why did you buy a house you couldn’t afford?” or “isn’t that your signature on the note?” “When was your last payment” “Why did you stop paying on the note?” and on and on. Your answers should always be the same thread or message. I deny the transaction, I deny the note, I deny the mortgage (Deed of trust), I deny the obligation or debt, I deny the default, I deny these people have any actual viable claim, I deny they ever funded any loan to me (Don’t say ‘the loan’ as that has a different connotation), I deny they ever acquired any obligation due from me.
If they wish to plead and prove a case they can only do so if they have standing, which is a jurisdictional issue which must meet threshold requirements at the commencement of the foreclosure. In the absence of a statement that they entered into a transaction in which this would-be forecloser paid money and that they have a right to recover that money from me, they have failed to establish standing.
There is nothing in the statutes that says in a non-judicial foreclosure that the submissions filed by the beneficiary are presumed true. If challenged, they must prove their claim. Since the trustee is not empowered to conduct hearings, the matter is before the Court.
Since the would-be forecloser is the one seeking affirmative relief and the homeowner is seeking only defensive relief, the homeowner is entitled to know the allegations and documents that will be used to prove a case in foreclosure. The homeowner would then have the ability to admit or deny the facts alleged, assert affirmative defenses and even file a counterclaim.
Otherwise the homeowner is placed in the absurd position of guessing at the allegations and documents and witnesses, and then formulating a defense against what the homeowner supposes would be the allegations from the alleged creditor. The documents from the creditor or alleged beneficiary have in most cases never even been presented to the trustee, who is often entity owned or controlled by the party claiming to be the beneficiary. This explains our denial that the party posing as trustee is nothing of the sort. This is a strawman for the beneficiary. And that is why we deny that either the named trustee nor the alleged substitute trustee nor the beneficiary claimed in the notice of default or notice of sale are real.
If the Court wishes to allow the alleged creditor the opportunity to plead and prove its case, we of course cannot have or maintain any objection. But if the filings of the alleged creditor are presumed to be true by the Court, then the burden of persuasion is unfairly loaded on the homeowner who can defend himself only with facts that are peculiarly in the possession of the alleged creditor and alleged trustee. This again forces the homeowner to speculate on the nature of the claim against him and how it allegedly arose. Such a theory, besides violating applicable rules and statutes, might require or permit a potential defendant to rush to court to file a defense in advance of a claim filed by an injured party.
Unless it was an evidentiary hearing for which you had proper and adequate notice, the Judge has no business asking you a factual question or getting you to admit or deny a fact, regardless of whether you were sworn or not. The fact that he asked you that question is sufficient in itself to take it up on appeal. Your appeal would be based upon the fact that without notice required under CA rules of procedure, the Judge turned it into an evidentiary hearing, leaving the homeowner unprepared and unable to bring counsel etc.
If you appeal — I think you should bring it up on an interlocutory appeal which means an appeal before the case is over. Your argument is that the Judge’s bias was showing, sure, but your main argument is that he committed fatal errors in asking factual questions in a hearing that was never noticed, set or heard. If he wanted a factual hearing then you should have had the opportunity of bringing your witnesses, challenges to their witnesses, voir dire, cross examination and clarification of your answers to a surprise question from the Judge.
Check with local counsel about what that does to the Judge’s jurisdiction once the notice of appeal is filed. It MIGHT automatically stay the action. I don’t know. If you are beyond the time limit to file notice of appeal, you can file a motion for reconsideration and let him deny that too and then file the notice of appeal.
ALWAYS CHECK WITH LOCAL COUNSEL BEFORE ACTING
327 thoughts on “Trick Questions From the Judge”
SCREW THIS STALIN-V- HITLER PLAN…OBAMA & THE FEDSTERS ARE STALIN & THE BANKS & CONGRESS ARE HITLER……THIS IS A FAKE WAR ABOUT WHO CAN MICROCHIP THE AMERICAN PEOPLE FIRST & COLLECT ALL THE USURY…….ALL OF THE PROPERTY & ALL OF THE WEALTH OF THE AMERICAN PEOPLE …….THAT WE PAID FOR…! SCREW THEM…..! CUE THE RICH WHITE REPUBLICAN BUSINESS MAN …ROMNEY…!
Oh screw you commies…..! You think they don’t know who I am……? I don’t cower or cowtow to cowards….! Commie imbeciles……! You must really believe your own bullshit……yep……there’s a FEMA CAMP waiting for ya….! All aboard the train to Auschwitz ….! MWAHAHA…!
Yeah right…! That’s the b.s. they want you to believe….! There’s no choice…& you’re done ……! B.S……..VOTE FOR ROMNEY…..AND FREE YOURSELF FROM THE COMMIE DEATH GRIP……BUT KEEP AN EYE ON HIS POLITICAL APPOINTMENTS …..LIKE RYAN….HE SEEMS KIND OF IMMORAL…..SIMPSON BALLS & ALL THAT FASCIST COMMIE PINKO CRAPOLA…!
We don’t chose presidents here. + these corrupt courts won’t save one single home according to:
http://www.youtube.com/watch?v=Lzpj9_frP-8&feature=autoplay&list=PL3E25B30BBC7C135A&playnext=2
DCB,
She’s too stupid to get it. She doesn’t know how easy it is to find out who anyone posting here is and she keeps on pissing off people by design and pleasure while giving all kinds of information about herself. What goes around comes around and she’s managed to get many of us determined to shut her up. Don’t fret: her intense pleasure pestering is short lived. And when it comes back to bite her, she’ll be done for good. She will wish she had never, ever come here to play out her insanity.
VOTE ROMNEY….!
@IVENT
Scream as loudly as you want as often as you want—your principals are facing a wave of rescisions—-void settlement agreements –following schwartzwald and official declaraton of committee re risk of double claims–due process abuse
it will be tough for turnabout defense lawyers though–there will be no houses sentback tp pro se because its a torturous procedure–with appeals
there worst fears are realized re the joint atty–real estate seizure mills–the seize and flips based on inside atty knowledge–the case is like turning a headlight on deer standing in the middle of the road
TIME TO SEND A STRONG MESSAGE AMERICA….WE WANT U.S. BUSINESSMEN & WOMEN RUNNING AMERICA …….NOT THE FEDSTERS…….SO THE U.S.A CAN BE THE LAND OF OPPORTUNITY ONCE AGAIN…….!
Dear Neil Garfield:
This strategy may work when an honest lawyer is representing, else the usually corrupt judge turns the proceeding into a kangaroo-court and rules against the pro per in seconds.
Judges & county officials have been stealing the best of available foreclosure deals & parking their titles either under trusts or hiding them with other mechanisms so they can’t be revealed in financial disclosure statements.
Federal judges may even be worse because you can’t even get financial disclosures from them. If you do they’r usually blank sheets of paper. they’r all on high on their looting binge!!!
You are so funny, I am not that smart but thanks for thinking that. j
YOU COMMUNIST FEDSTERS ARE WHO ARE GOING TO BE IN A WORLD OF HURT WHEN THE U.S. TAXPAYERS STOP PAYING YOU FEDSTER CROOKS…..& ABOLISH YOU….FOR ALL OF ETERNITY….! THATS WHAT HAPPENS WHEN YOU ARE A PAGAN WORSHIPPER…..!
4CLOSED KIDS IS CLEARLY AN IMPOSTER & …..A NO GOOD LYING CRIMINAL FRAUD…..! YOU ARE ONE OF THE FEDSTERS WHO STOLE ALL THE U.S. TAXPAYERS MONEY….!
EVERYTHING WE PAY IS A FRAUDULENTLY INDUCED TAX YOU GREEDY FEDSTER FRAUDS…..! THAT IS WHY THE U.S. TAXPAYERS DEMAND THE U.S. TREASURY BE AUDITED & ARRESTS OF THESE COMMIE CROOKS BE MADE…..!
As painfull as it has been to pay these taxes, I do know it is my responsablity. After reading the book Boomerang, I also realize Mr. Tax Man needs it more than I do. This country is in a world of hurt and we will all need to come together for the better.
yes the tax man has come even to the little guy. He got me for 900 a month for state & 170 for feds. I didnt know how we were going to make it, it has been a real struggle. We have given up lunches &dinners out, senior pictures for my son, any new clothes, make up, hair cuts, tires for our truck, Christmas, savings. I have used up all my can goods and pantry supplys. We have three more months of this.
We will get by in the end we did owe the
money and
The Very Same Origionaters/ Brokers are Defunt but Opened Up a New Line of Business …. Cleaning Up on the Back Side of FCS..YEP! One Big Circle … A Feeding Frenzy of Fraud and Violence.
See… there were folks reporting but not a protected “Whistle Blower”. When I heard DCBs story, I came out of my Quiet Corner to Help. Because I Had Citi and CW/BAC/BOA NA set me up on Two of our Properties. A person with such Bad Luck is Either Jinxed or Targeted. While I was trying to stop the Application Broker/Borrower Fraud on the Taxpayers, the Big Boys decided to Get Down Low and Dirty with me via my Husband. Trashed His Credit and Two Titles, Intimidated renters, filed fraud docs with CRO and Courts. Sent people to our home taking pics … preservation terrorist standing at your window in the middle of the night, driving by over and over for an oppertunity to grab the house and claim abandonment…. I Locked Myself In with Ole Faithful”….. Called a Friend and got the Ball Rolling. Citi got a Bloodbath and CW transfroms into BAC and developes into BOA NA. After BACs Blunder …. and transfer to BOA NA….. We started working with BOA to get the Clouds removed from our Title. Alot of Good That Did ….. BOA just kept Snowballing the Fraud! Enough was Enough, after BOAs Blunder … We Put them on Notice. If you have Advance Notice of a Fraud and your in the Business of Risky Business ….. Your gonna get Nailed (Jailed) Period! Not only is there a Shortage of NSAs for the Lenders and Title Cos …. they are Finding themselves without Attorneys willing to take those Risks for them Anymore. The Tide is Turning …………….
If I get in the last word … that means she passed out! While she is Sleeping …. Ya’ll Keep Those Taxes Paid Now! What did I tell you pretender Bac to NA did? Sent NOD for What? Sweet Dreams
No sc…. the truth is, I have you pegged and everything is the opposite of what you say because you subvert the truth…….to try and save your own fat asses that don’t need to be shoveling any more of mainstreets cake in your mouths….Now you tell me how exactly has Obama helped stop fraudclosure …….? He has suspended the RULE OF LAW BY OBSTRUCTING IT ………OTHERWISE THERE WOULD HAVE BEEN NO MORE FRAUDCLOSURES AS SOON AS THE FRAUD WAS DISCOVERED…….YET FRAUDCLOSURES HAVE BEEN RAMPANT FOR 4 YEARS STRAIGHT…….THE OBAMA PLAN IS NOTHING MORE THAN A PLAN FOR COMPLETE COMMUNISM….& KUDLOW SAID IT A LONG TIME AGO…..THE FEDSTERS VIA OBAMA WANT TO FLATTEN US LIKE EUROPE…….I PAY ATTENTION & THAT IS HOW I KNOW THE TRUTH IS……YOU SC ARE A LIAR…….
The truth is undeniable ………. WHEN MAIN STREET U.S.A. CAN’T AFFORD TO PAY…CONFORM….& COMPLY BECAUSE OF A QUADRILLION IN FRAUD COMMITTED BY THE FEDSTERS…EVERYBODY STARVES……..& THE FEDSTERS DON’T LIKE HAVING TO BAIL OUT THEIR OWN CORP……THAT DEFEATS THE WHOLE PURPOSE OF BEING A SLAVEMASTER……THE TRUTH IS……THEY ARE WAY TO DEPENDENT ON US…….& THEY NEED TO BE EXCISED….BECAUSE GREED IS A DISEASE THAT DESTROYS THE MIND, BODY & SOUL OF EVERYONE, INCLUDING THEM…
hahahaha … Romney would have Speeded Up the FCs… Its affecting his Cash Flows. If it were not for Obama … slowing them down, your Sorry Deadbeat Free Loaden Carcus would have been removed A Long Time Ago! I have No Fear of Obama or Romney …. I didnt spend the last three years eating cake and ice cream … drinking and plotting a plan to catch a free ride. Kudlow has You Pegged Just Like I Do and You Cant Stand It!
Have fun sc….& when you are destroyed by them & you will be, when Romney gets elected & levels you like Obama leveled me…& millions of others in the private sector…… Please….Do…..DROP ME A NOTE……& let me know how that goes for ya…..!
While You Fight Them Ivent… I will continue to pay my taxes like a Good Ole Gal. But You Let us know how that works out for you thou.
The taxman knows you can’t drain blood from an orange…Mainstreet is paying 70% of their income in tax now……& they tax that too……OBAMACARE is all about stealing the rest of it in tax & taxing our income 100% …..that is complete communism… that is not reckless ……that is criminal…..
WE THE PEOPLE KNOW THE TRUTH IS…..SC…DC ……and the taxman are guarding the pirate ship for the FEDSTERS ……..how do we know that……? We are broke because the FEDSTERS via the Obama administration robbed us….
THE TRUTH IS…….THE UNITED STATES OF AMERICA IS THE RICHEST COUNTRY ON THE PLANET……HOWEVER…….WE HAVE BEEN ROBBED…HIJACKED & HELD HOSTAGE BY THE FEDSTERS VIA THE OBAMA ADMINISTRATION SINCE 2008…….& THE TAX MAN BETTER NOT DARE SNIFF AROUND MAINSTREET LOOKING TO STEAL ANY MORE FREAKING MONEY FROM US…..IF THEY KNOW WHATS GOOD FOR THEM…….WE DON’T HAVE ANY FREAKING MONEY BECAUSE THEY FREAKING STOLE IT ALL…….AND WE THE PEOPLE KNOW THEIR PIRATE SHIP IS OVERSEAS….NOT HERE ON U.S. SOIL…..
🙂
Everybody Thought … “Uncle Sam” was Loaded. So Many Many Corps, LLCs, Trusts, Homeowners etc … decided he didnt need any more money and stopped, avoided or found meaningless excuses not to pay their taxes. And Now “Uncle Sam” is Coming Back with Avengance! Is He on Your Tail Getting Ready to Take a Bite?
A Friend of Ours Died Last Year from a Heart Attack. He was a Tax Attorney Also… DCB is right about the Taxes in more ways than he realizes. The Tax Man is Biting alot of Butts and He is Just Getting Started on Everyone from top to bottom.
in more ways than he realizes”
i can guess a lot—the rule with the street –is if they can do it they will –and then see if they get away with it–then if they do get away with a couple—double down–tax evasion on specific gimmicks is always exponential in growth of an abuse
I’m Telling …. Shelly Let the Cat out of the Bag! Ut Oh!
Hang Tight Poppy… Its almost over. Some will Win and some will Lose. I see a light shining over you. Just Laugh Once in a While! Its the Best Way To Annoy the Greedy and Deal with the Stupidity! I know your battle has been long … and soon you shall Conquer.
This site is getting so out of control….Hmmm, used to be a place to share and help one another. Now…ego’s or lack there of, are presented and quality information is missing.
Leave and come back, it’s getting worse all the time.
@POPPY—I think shelly e made up the hole today
http://www.youtube.com/watch?feature=player_embedded&v=a6AnHt0TIeU#!
http://www.youtube.com/watch?feature=player_embedded&v=a6AnHt0TIeU#!
THANKS SE
RE: COP Findings—Judicial notice here?
Coupled with OHIO’s Schwartwald—wow—i guess well see some chains of title and custody of original notes —possession gets interesting here.
http://www.youtube.com/watch?feature=player_embedded&v=a6AnHt0TIeU#
DC tries to ride the wild horse but he doesn’t have a clue how to get on a horse with no saddle…….
LOL……
You’re a filthy animal sc……
BY THE TRUTH & THE RULE OF LAW……..
And I bet your just jelous cause he wont let ya ride him…… More Carcus that he can Handle. Just Sayin …
YOU ARE USING A BROKEN MODEL HOWEVER & YOU ARE SPREADING BAD SEEDS ALL OVER THE PLACE…..YOU NEED TO BE REPLACED……….
DC…….YOU ARE A REAL LIFE TROJAN MAN………
@JG——weve covered a lot of ground rapidly–superficially—i hope that the one thing you are talking about being very important is not out of context —if you identify it–ill give my best guess and qualify it–is it black letter law or offhand —-and the federal exemptions for raw banking activity are outside my scope–very specialized —basically i cant assure an exemption from interstate taxation simply by calling my operation a REMIC–or myself a bank—–its substance over form vis tax law—and tax law leans hard on the reality of the matter under state law—overrides in the association area—everybody wants pass thru there
ACTUALLY…….THE FDIC SHUT DOWN THE FIRST NATIONAL BANK IN PRINCETON ILLINOIS YESTERDAY…….NOVEMBER 2nd….
The FDIC shuts down another bank in Illinois……….1and 1 is 2 6 & 2 is 8…..6 and 3 is 9……9 & 9 makes 18……..come on baby don’t you hesitate……..
The great deceiver knows Gods plan is Supreme……because it is encoded in our DNA……..& in the scriptures by the numbers….71-18-17…… and that is why the great deceiver knows he will never win……..
Thank You Neil….!
KNOWING THE TRUTH IS PERFECTION……TELLING THE TRUTH IS AN EXPRESSION OF GODS LOVE……LIVING THE TRUTH IS THE PERFECTION OF GODS PLAN.
@IVENT
How many synonyms are there for idiot? lets see: moron imbecile, retarded, –im sure you can think of a few more
CORRECT TYPO ……..YOU CANNOT BE FREE & INDEPENDENT IF YOU DO NOT KNOW THE TRUTH….DECEPTION TO COMMIT FRAUD & FORGERY PUT US HERE……NO ONE SAID THIS WOULD BE EASY……BUT IT IS NOT IMPOSSIBLE TO CORRECT MISTAKES BY RESTORING THE RULE OF LAW……BY TELLING THE TRUTH……
Wrong again “4closed”………this is about freedom & independence ……you can only be free & independent if you don’t know the truth…knowing the truth is perfection…..that is why, if you are living lies…you cannot be free & independent.
LOL………DC truly believes his own b.s….the truth is….you can’t change the wicked…..there is no hope in that. They can’t find that space between right & wrong which is the truth. They are truly hopeless unless they change themselves and know the truth is DECEPTION TO COMMIT…..FRAUD & FORGERY ARE THE TRUE FACE OF EVIL…….That is what they are trying so desperately to cover up. They lied by deception & by doing that, they sold their souls and committed massive FRAUD & FORGERY to gain unjust enrichment & that is the truth. They will have a very difficult time getting their souls back…unless they completely reject evil and all of its devices..
Anyone see some of Obamas latest speeches …? He looks like a devil in the middle of a crowded church….his eyes tell the truth he cannot hide. He is lawless & so are all of his cohorts & minions. Do I believe any of these frauds will be prosecuted criminally…..? All that I know is I have a strong faith and I believe the only opinion that really matters in this election is the majority opinion of WE THE PEOPLE….I BELIEVE……The just judge will judge the wicked & the righteous will be blessed.
DCB… You MAD Dog! You! If You Cant Run With the Big Dogs, You May As Well Stay on the Porch! I Knew You Wouldnt Stay on the Porch! … “You Bite Hard”!… Yikes!
@dcb – can’t tell for sure if you’re talking about registering with SOS as a foreign corp or not – think so. Is that the same thing as domesticating? From what you’ve said, I think not (because foreign reg maintains the orig state as domicile? whereas domesticating
changes that and the new state is now the domicile, which would not be the intent of many businesses? (they’re sep acts – registering and domesticating?) It’s been a long time on that stuff. Don’t use it, you lose it. But what matters, I guess, is that a company has qualified to do business in the state, whether by reg or domesticating? Btw, just ftr, isn’t there a pi$$ing match over what “doing business” means (as to making loans, I ref’d amt of contact in the state) or as applied here, is that apples and oranges?
Hope you are giving some thought to answering my questions from
my two comments today, like what acts qualify a trust (these trusts)
as a trust?
@JG
Im not sure what you mean “domesticating”
If i have a headquarters in albany ny of a regular “C corp” [ie subchapter C of IRC] with articles of incorporporation also filed in new york with factory sales at plant in NY–im a domestic NY corp
then i decide to buy a warehouse and distribute out of it in OHIO—now i must also file qualification w/ohio sec state –qualify to do business in ohio—and ill get a bunch of tax returns from ohio in about 10 days–
i will owe ohio payroll tax, possible sls tax–certainly apportioned franchise and income tax–workers comp–unemployment
if i dont qualify in ohio by registering and appointing a local ohio statutory agent upon whom service is made if you want to sue me—i cant bring suit in ohio if some neighbor burns my warehouse down-i can be sued however-
eventually maybe ill get caught for nonpmt of ohio taxes—-not having filed tax returns there ever—-the statute of limitations never starts running
filing tax returns wont get me qualified per se
that simple
now instead say i made a delaware stutory trust filing asserting i have a list of mortgage notes nationally that i keep in my ny safe in delaware
now replace my warehouse in ohio with REO—–and lets add that i never filed a schedule of loans anywhere anytime—and instead i just buy and sell them for trading gains
well im not a REMIC–so feds bounce my trust return and reclassify my operation as a C corp—–my Delaware trust may be a business trust that engages in an active trade or business–im not sure —but every state where i own REO–is going to be looking for a corporate tax return
is this adequate?
@JG–one clarification to preceeding post—i can file suit against the neighbor that burned down my warehouse——i just cant witstand MTD if you notice i did not allege anything about qualified and also you look at the records under my exact name and plead in your answer that i lack capacity to sue because the plaintiff corp im using is not qualified to do business in ohio and therefore cant maintain a suit–cite the particular statute
@JG
NA banks are seemingly free of qualification provisions–this arises when you file your answer and counterclaims and cant find an appointed statutory agent
Btw, just ftr, isn’t there a pi$$ing match over what “doing business” means (as to making loans
sure—generally its under international shoe—if you are defending based on jurisdiction–no nexus—then there appear to be federal statutes that preempt state law re NAs—-this is specialized stuff—but im not talking about making loans–im talking about holding REO in a passive or active business association that acquires and sells REO—collection agency—not lender—unless the trust is still actively doing that–unusual but maybe in refi context–a lot of specialized bank law there –im not familiar with
THE TRUTH IS…….the economy has NEVER been this bad under the Republicans………& THE DEMOCRATS VIA CLINTON CAUSED THIS BY REMOVING ALL THE LAWS FOR WALL STREET…..& CLINTON SIGNED NAFTA & SENT ALL OF OUR JOBS OVERSEAS……..& THE DEMOCRATS HAVE DRAFTED ALL OF THE FASCIST LEGISLATIONS THAT ARE DESTROYING ALL OF OUR FREEDOM….THE PROOF OF THIS IS IN THE ONGOING COVER UP BY THE OBAMA ADMINISRATION…..FOR EXAMPLE……NOT ONE CROOK HAS GONE TO PRISON UNDER THE OBAMA ADMINISTRATION FOR THE BIGGEST FRAUD & FORGERY SCANDAL IN U.S. HISTORY……..HOWEVER…..OVER 1600 BANKERS WENT TO PRISON FOR THE S & L CRISIS UNDER THE REPUBLICANS……THAT IS WHY I AM VOTING TO RESTORE THE RULE OF LAW & THE U.S. ECONOMY & I AM VOTING ROMNEY………..
KNOW YOUR ENEMY AMERICA…! IT’S FRAUD & FORGERY……!
@dcb – I hope to high hell one thing you said is true.
hmmm…can PSI’s (assuming arguendo they’re even that) form a legit basis for a security? (something I’ve heretofore neglected) Well now – if the answer is no, that’d be interesting as heck. Let’s see, what would that look like? We could if not would have a group of individuals or entities operating as a Trust (with preferred tax status to boot), but with the glaring ramifications of x,y,and z (to be more particularly identified) not having been done, it’s not even a trust. Is holding oneself out as a trust (in general) when not and acting thereto fraud in and of itself? Obviously claiming the tax position is fraud (and it appears the investors are being given a pass). Who all is liable? And also obviously, a non-existant entity can’t act in its non-existant name / structure. So a non-existant entity is being used to assert rights which don’t exist because all the assoc has is security interests (and not
MBS’s, assuming that makes a difference to enforcement, which is itself questionable) with no contractual right of subordination against the homeowner. (I have yet to see how the UCC addresses enforcement of security interest in the absence of a contractual right of subordination.) And no right to a credit bid against the homeowner. (and none of this considers guarantees made by anyone)
If there’s no trust factually, is the ‘trustee’ a de facto anything in regard to what is factually there – a business association – for whatever that might be worth? Or is he just a bum who should be tossed and worse for deriliction of the duty if not imposed contractually, then as a matter of law? (if there are exceptions to the imposition of fiduciary on a trustee, I’ve missed them). The duty, imo, was first of all to make sure a trust existed.
What would a trust not a trust but a business association have to do to enforce its security interests (again, assuming arguendo they exist pursuant to art 9) against the indentured party? Probably whatever
is prescribed in the UCC, which I haven’t worked on yet (has Max G?), for enforcement of security interests in notes and dots for anyone else. But I still believe under the S of F, the business association would have to compel (by order of court if neccessary) the assignments of the collateral instruments, in which they hold security interests by way of the UCC.
@JG re several questions you have raised
The trusts were used by big banks to do off balance sheet deals that would not affect capital requirements and various financial ratios that affect share price and debt cost. i have had a lot of experience with off balance sheet financing going back to the early 1980s. even industrials did it to prevent debt covenants being breached.
Generally speaking non-recourse debt such as the REMIC MBS notes are disclosed if at all in footnotes. The putback rules under the indentures etc are shoving it back to the originators who sold the mortgage loans to investors using the trust pass through entities.
In fact the mortgage loans were assets of the lenders and the lenders issued complex electronic notes aka mortgage-backed securities to finance the acquisition of the intangibles mortgage notes.
i am avoiding discussion of the precise details of the short term funding mechanisms to simplify–maybe those details have significance –maybe not–im not sure.
The worst of the originators “sold” the mortgage notes to their sponsored trusts eg American home mortgage—and simultaneously held other mortgage loans as both inventory to be sold to trusts and/or other securitizers. they also held the mortgage notes as “investment”—different places on their balance sheets.
They monetized those “sold” or “assigned” by use of the merchant practices under UCC Art 9. That requires scheduling of the intangibles as the SEC requires–and as represented in the SEC filings.
The very same process was used to pledge or sell these intangibles.
The schedule is evidence of delivery of the intangibles to a trust—and is a recognized means under trust law for vesting a trust with title ownership in intangibles.
the flyby nites had a penchant for using the same notes to effect two or three of these monetization events—AHM received a bad write up in its 2009 4th quarter 8K for example —for double-counting mortgages sold and held .
This “practice” is facilitated by failure to publish schedules–despite representations and legal effects—for AHM –no harm done because the operation wenr bankrupt in 2007 like most of its ilk.
What is left is a bunch of attys arguing for a decade as to where the chips fall—–
where the sponsor made a half-hearted attempt to meet REMIC requirements –misrepresenting filings and other facts in order to be able to sell the worthless MBS
apparently selling the unscheduled mortgage notes to multiple trusts with unfiled schedules—with auditors that never verified the representations of filed schedules for $ billions in mortgage loans a derivative MBS
with attempts by parties representing one of the buyers to collect on the mortgage note—while leaving the maker to face subsequent claimants under a rigid UCC structure aimed at providing for speedy commerce and collection—at the cost of the dupicative liability for the predated homeowner –under UCC Art 9
The failure to file the loan schedule constituted a failure to make a readily verfiable assignment of the promissory note. under UCC art 9
The failure to authenticate note “presented” to a borrower undermines the validity of a physical note to evidence an assignment of the note by negotiation under UCC Art 3.
The failure to deliver that authenticated note allows the homeowner to face risk of duplicate liability for a decade–depriving her of basic human rights—substantive due process
It would appear to me that for those cases involving failure to file loan schedules, the problem was allowed by the negligence of a big acctg firm—-thus sooner or later a homeowner with duplicate liability —attempting to cope with an unfiled loan schedule fallout—the big acctg firm is a proper party—think class actions here
THE TRUTH IS…….FRAUD & FORGERY PUT US HERE……AND THAT IS REALLY THE ONLY RELEVANT ISSUE FOR THE AMERICAN PEOPLE THIS ELECTION SEASON……….I AM VOTING TO RESTORE THE RULE OF LAW….&…VOTING ROMNEY..
dcb, re Ivents comments
As I get older I find my time very valuable, I dont wish to waste it reading something that has no value. Truth is people like Ivent feed off any remarks negitive or positive. It choose to not put any energy in to it.
I do thank others here that contribute to the subject , I am learning a lot. j
j in calif
THE TRUTH IS DC……..I DON’T HAVE ANY MONEY & THAT CAN EASILY BE PROVEN……..& THIS WAS NEVER ABOUT THE MONEY……….FOR ME THIS IS & ALWAYS WAS ABOUT MY FREEDOM…….PROPERTY OWNERSHIP IS FREEDOM……& THAT IS WHY THEY ARE STEALING IT & HOLDING IT HOSTAGE. THAT IS WHY THE RULE OF LAW MUST BE RESTORED BY ROMNEY………..BECAUSE I KNOW THE TRUTH IS……… FRAUD & FORGERY ARE THE REAL CULPRITS HERE….
NAH DC ………I don’t need drugs and booze….KNOWING THE TRUTH is the best remedy for this poison. The TRUTH IS……FRAUD & FORGERY IS THE REAL EVIL HERE…….& Remember DC……don’t bend over for the soap…..
so dcb, are you saying that an unregistered business may sue as long as it has a registered agent in that state?
@JG
Most business associations—-unless expressly exempted because of federal rules like NAs—-or simple trusts which are usually family affairs–must essentially notify the host state [or local jurisdiction] that they are either conducting active business there [international shoe] or own property there. The procedure is to “qualify to do business”. You file a note of qualification. This tells them who the officers if corp or members are if partnership—-and appoints a “statutory agent” if out of state domicile –headquarters. if an agent or employee does you wrong–you go look up the articles or qualification and if its a domestic entity–sue the entity and name its president or counsel –or some places also use statutory agent
if its an out of state operation primarily—-then you serve the summons and complaint on the statutory agent which is usually CT Corporation–CTC makes sure the entity gets the summons and complaint.
when the corp gets the qualification papers and a small fee for filing—a copy goes asap to the tax authorities–they send the company -partnership –business trust——sign up papers disclosing the nature of the business–how much assets there vs everywhere–payroll–etc—then the tax authority splits the info–if the operation is selling goods then the sales tax guys ge in on it–if just realty then just franchise and income tax
payroll taxes too
point is that the state does not allow a business to steal the use of the court system by a free rider
so if the association is supposedly exempt —but really is not–it must qualify and pay pay pay—if it is not paying and is not qualified to do business it lacks “capacity”
ill look up some articles on this but it is damn important–out of state operations try to blow by all the time
dcb@9:24 – that’s interesting and hard for most of us to grasp, mostly for lack of the relevant facts.
Firstly, isn’t it so that at least FNMA was not compelled to file a loan schedule (registration?) anywhere,and btw, if so, why not?
For those who had to, where were they to be filed and in what format?
Where do we find that failure to register, if that’s the right word, means
X (I think “X” to you means it’s a business association, not a trust?
Then, I thought I’d read that a business (any business) unregistered (SOS) in a particular state can’t sue or be sued, but I’ve left it alone because that doesn’t seem to be the case – it happens every day. If you can expound on these issues, line by line, I’d certainly appreciate it.
I think one thing you’re saying is if such and such weren’t done, it’s not a trust (don’t understand the bar) and therefore it’s a “business assoc” which must be registered in the state to bring an action. ???
People here often say the trusts don’t exist and I have never known
the factual support /reasons for that allegation. I certainly believe loans weren’t transferred to the trust (or at best for non-delivery of the notes are only security interests under the UCC with all those rams), but that seems to me to be a diff issue than the trust’s existence.
I’ve also thought that if a broker, say, were not registered in, say AZ, as a foreign business, for lack of corporate structure, tho the payee on a loan made in AZ says “ABC Corporation”, there was no corporation to make the loan / be the payee and therefore, the loan was factually made by one or more individuals. The yardstick for that one is, I believe, the amt of contact made in AZ and where the docs were signed. Moving right along, then, with suff contact in AZ, a corporate endorsement would have no value and this in turn would undermine any others. I’ve just thrown this out since it occurred to me and may be beneficial for some; I don’t mean or want to distract from understanding what you’re saying.
The truth is sc……FRAUD & FORGERY, LEFT UNCORRECTED DESTROYS …..IT IS A SERIAL KILLER THAT EFFECTS EVERY SINGLE AMERICAN……!
Awe….poor DC………these are the perils of living in the jungle the FEDSTERS created……it gets worse here everyday..YOU COULD ALWAYS WALK OVER THEIR PLASTIC FENCE…&….VOTE ROMNEY…..& ….RESTORE THE RULE OF LAW……
The fact that you TROLLS don’t like my comments makes me feel like I really accomplished something. It is undeniable proof for me there is a God & it energizes me & makes me want to blog 24/7…
The fact that you TROLLS don’t like my comments makes me feel like I really accomplished something. It is undeniable proof for me there is a God & it energizes me & makes me want to blog 24/7…
if that energizes you–its proof that you are screwed up from doing too much pain pills—-as per NASPER—but i think is the check you get that is the energizing factor—and when the heal/human services get there they will investigate that aspect too–because you are illegally interfering with other people and the site operation for money—wire-fraud which is why author is allowing you this much rope—-it will be a great press item when you are outed
I have found it easier to just skip any comment that starts with Ivent.
@4closed
i agree re skipping–but im getting carpel tunnel—-she deliberately does dozens of one liners—its designed to frustrate people—-even if it was just some sort of deluded self expression–its aimed at antagonizing people—the list of people who are attacked grows—which sure –does it bother me what she thinks–not a twit–its the shere number of posts—which to me is strongly suggestive of purpose to prevent people from checking the box to get updates–to deliberately interfere with other peoples communications–suggests economic motivation—and it started when NG foolishly stated that there was a lot of readership —certainly the cascades of crap have cut the readership drastically—the content is greatly diminshed from what it was a year ago—-its destroying the site utility by chasing away people who wont put up with the torrent–the abuses–and who most of all dont want to suffer guilt by association—
i stopped for 2 weeks—-but felt–its just not fair to be bullied like this—to have some person basically cut off access to info–to ignore ordinary courtesy and fundamental rights–thats what most people here find outrageous about the debt collectors—and here it is fine-tuned and applied to grind this site down—it must be killing the authors business too—hell drop the site within a few months as readership declines along with content—is there a 2nd level of pay site here to escape this?
K then I’m a tiny fart. If you say so.
Next
ELECTRONIC FRAUD……..ITS WHATS FOR DINNER…..BREAKFAST & LUNCH …………. WELCOME TO THE JUNGLE……IT GETS WORSE HERE EVERYDAY…….
You can carry on til your Blue in The Face … It Does NOT affect your cases. We All know Your Mental Capacity… Hop..Hop.. Jump.. Jump.. to Conclusions… All the Way to the Court Room. Good Luck!
You ARE a tiny Fart Deborah…. the American people are FED UP with the likes of you & this OBAMATORIUM……..The TRUTH IS…….We have never had an economy like this under the Republicans & the American people know this administration are nothing more than a bunch of lying criminal freaks. THIS IS A FREAK SHOW……!
@IVENT
I think like virtually all other longer term readers—shes fed up with you—but i take consolation in the fact that the health and human services are going to do a thorough case review in the next couple weeks—im hoping you are a horder too—the comments and anti-social behavior are pretty good—but the kicker is all the crazed anti-obam rhetoric /threats——for some reason that seems to tick off the social services folks up there–cant imagine why—you made your bed now you can lie in it—–i dont think they will be mollified even if you wave your check for posting deleterious materials to disrupt the site—call it a business–or whatever
What Capacity? Mental Capacity? Sure It Is! The Mental Capacity of a Horses Ass! *Grins*
@SC re “capacity”
look at the things you must plead as defenses—–lack of capacity is right after standing—the way states enfore their tax laws is by depriving those who are out of state from having “legal apacity” to bring suit in the state if they do not follow all those pesky state requirements–like registering with sec state the name of the instate representative for service—like filing state and local tax returms—-FREE RIDERS cant use the courts to initiate lawsuits
this in my view is the biggest weakness for those failed trusts—they default to unincorporated business associations that are to be treated for state local and fed tax purposes as corporations—except under non-tax law they are joint ventures—without limited liability
Ivent. Couldn’t give a teeny tiny fart if you think I’m a cretin.
CREDIT BIDS ARE FRAUD & FORGERY TOO……!
Frankly…..all of these cases should be dismissed nationwide on fraud & forgery….one act of fraud and their done..THERE ARE NUMEROUS FRAUDS…concealment….uttering….fraud in the sale of securities….mail fraud………….wire fraud….electronic fraud…….securities fraud….fraud in the sale of securities……RACKETEERING….etc…..etc…..etc…..RICO ACT 18 USC
Pity, that – since the bankster is primarily doing all that bs to get the credit bid. It’s (to a significant degree) about the credit bid.
contractual – that’s bad news (tho it’s what I suspected). A breach of a contract between two parties is of no real value to a non-party, UNless
maybe the third party can make a case he’s an intended beneficiary of the contract (for lack of better words), as has been done with HAMP
contracts by homeowners. For anyone who wants to go the distance, in promoting sec’n, the banksters, in probably jud noticeable press releases, etc.etc., have widely touted sec’n (and thus the contracts) as beneficial to homeowners (allegedly “provides more funding for home loans and keeps rates down”). Too skinny? I dunno. If it’s in fact “merely” contractual, that explains why judges toss arguments regarding cut-off dates. H.O’s make no attempt to assert any interest of their own in regard to those contracts and instead try to assert the contractual breach allegation which belongs to someone else.
So I’ll dare say this again: because of the negative rams to a trust in accepting a post cut-off date assignment, it is highly unlikely that a trust would do so, and I believe if this is demonstrated to a court, if may give rise to a reasonable question about whether or not the trust has in fact accept the assignment. Don’t shoot the messenger.
@JG
” that explains why judges toss arguments regarding cut-off dates”
I agree—it would not affect my decision alone—-what i would look for was whether the activities of the trustee-servicer etc were so flawed that the trust failed to exist as a matter of law —so that it lacked capacity—-
the simplest test to get there–my litmus —is whether the sponsor bothered to meet the PSA/Art 9 filing of the mortgage loan schedule. To me that is certain proof the “trust” is a sham and does not exist—-so then i would determine if the failed trust had met business association registration requirements in the stat where it was attempting to maintain suit—not—so attack capacity. tell local tax collectors they have a business trust–unregistered corporation for tax purposes doing business in their jurisdiction—–non-payment of tax and failure to regiser bar suit
http://www.supremecourtofohiomedialibrary.org/Media.aspx?fileId=135042
Oral arguments Ohio SC – Schwartzwald
They knew this fraukenstein was coming for a long time & FEMA hasn’t gotten there yet ??????? & there are no toilets…..food or water……? People are wandering around homeless……with nothing & FEMA HASN’T GOTTEN THERE YET…..????? & OBAMAS OUT CAMPAIGNING …….? WOW…..!
FEMA HASN’T GOTTEN TO STATEN ISLAND YET……..? WTF…..????? THEY HAVE STOLEN TRILLIONS FROM US & THEY HAVEN’T FREAKING GOTTEN TO FREAKING STATEN ISLAND YET…….????? ABOLISH THE FED AMERICA…..!
What freaking contract…….?
Breach of what freaking warranty……..? The mortgages & notes never existed……!
What digital notes ? Are you freaking kidding me….? They are forged counterfeits…!
WOW……..! Piers Morgan guest said Obamas going to be reappointed as President because of what Obama did for the frankenstorm victims…?????? SAY WHAT…? From what I have seen there are a lot of really pissed off victims who can’t wait to vote this regime out. Except for that lame commie fat assed traitor Chris Christie from the Jersey shore who must have got a big fat paycheck for making Obama sound like a savior……to no one and the jerk is now the jerks are rationing gas…..What a despicable bunch of liars. There is a gas shortage…days later…….????? Its a freaking freak show……! & where are the fat hogs now…….? They have the millionaire musicians singing for donations from all of us nearly bankrupt paupers……? What a freaking joke..! Anderson Cooper is interviewing the pissed off people……and telling the real story of the devastation………Vote these jerks out America…..!
iwantmynpv said:
“trust cannot accept a defaulted mortgage, by assignemnt or otherwise.”
jg: is this contractual or statutory or both?
Too bad the mortgages and Notes are not in the Trust, **and were never
intended to be.**
jg: what makes you think this?
“The Master Servicer holds the keys!”
jg; hmmm…do you mean the MS is the controller of digital notes or
something else?
“Moreover, if the Trust alleges conveyance of Notes and Mortgages a the Cut-Off / Closing Date, what exactly is it they are assigning, direct
from the originator **(no depositor anymore)** to the Trustee.
jg: huh?
contractual–breach of warrantee–one of few exceptions to after added —to replace defaults in very early stages
Really Deborah Wynn……? THIS IS STUFF WE ALL CHOSE TO DO……? & you have revealed who you really are ……A Cretan……….”Cretans are always lazy liars, savage beasts, lazy gluttons.” Says the Bible…….IN ALL TRANSLATIONS….it appears all of the devils are here at this blogsite……..FOR ME…..THIS IS UNDENIABLE PROOF …..THE TRUTH WILL SET YOU FREE…..FREE AS A BIRD….
The Audacity of the BLACK IS WHITE Pope is more the proper wording. BACK IN BLACK……THE TRUTH IS the NEW PARTY DEMOCRATS via the Obama administration truly are the biggest masters of secrets, lies & deception to defraud this country out of their freedom in history … There is nothing more despicable than that….to secretly tell you I am here to steal everything from you and destroy you under the guise of HOPE & CHANGE.. Well….l AM GOING TO CALL THIS WHAT IT REALLY IS….. A DIABOLICAL & MANIACAL GROUP OF CRIMINAL IMPOSTERS WHO ARE HERE TO DESTROY US IN EVERY WAY, SHAPE & FORM IMAGINABLE …. & MAKE NO MISTAKE….THEY WILL REAP WHAT THEY HAVE SOWN FOR THE LAST 30 YEARS ….RIGHT NOW THESE DEMONS ARE REAPING THE REWARDS OF VERY CRIMINALLY & VERY DECEPTIVELY SOWING ALL OF US OUT OF EXISTENCE…..HOWEVER…..THEY WILL HAVE HELL TO PAY FOR IT. & I NO LONGER SEE THE BANKS AS THE REAL DESTROYERS…..IT IS THEIR INVESTORS WHO ARE THE REAL SERIAL KILLERS HERE. THEY DO ALL OF THEIR CRIMES BY PROXY…& NOW THAT HAS BECOME WELL KNOWN THANKS TO SOME REALLY GOOD PEOPLE WHO HAD THE AUDACITY & THE TENACITY TO SPEAK THE TRUTH.
my comment went to mod was saying dont get too serious folks basically , keep your perspective, lifes a trip and you reap what you sow you get what you give and this is stuff we all chose to do but its not who we are,
you know i cant believe the bad sport on here, lighten up,itsnot who we are its some stuff we gotta take care of, all i know is when i was hit with a nots i panicked because i thought i was negotiating- but anyhoo i googled foreclosure defence neils site opped up, 4 yrs later im still fighting, if it were not for this site guys i would never have woken up, you simply cant take that away, what you give, you get. what ypou reap, you sow. onward, discerningly, onward peace all.
A’GREED! PEACE! We are all trying to find the answes and help needed to battle massive corruption, name calling and battleing only takes from the reason this site is here. Everyone has the right to an opionion good or wrong. Its American! Dont have to agree or disagree. Listen and collect what you agree with and learn. We have all been wrong and right and we will continue to be wrong and right in the future. This is called putting our heads together in a think and information tank. Sharing not battleing.
Brilliant dcb. Brilliant.
The audicity of lies……..the TRUTH IS …..there are are no small banks…….just one giant bank……if it is Fdic insured, the FED controls it. It is all a big fat facade….all of the so called small bank “failures” were consolidations ……… not failures. It’s a giant HOG FARM disguised as seperate entities….they are not separate entities…..
However……most of these so called conspiracies are now apparent on their face……which proves these are not theories….
Check out the list of “conspiracy theories” that they won’t allow you to prove……..
http://en.m.wikipedia.org/wiki/List_of_conspiracy_theories
In fact, WE THE PEOPLE are absolutely bat shit when it comes to our freedom and independence…!
Bloomberg news reporting HESS IS HERE ON U.S. SOIL..bearing oil……….a bit of history here about he name HESS……. the hessian German soldiers were hired by the British Empire as “mercanaries” during the American Revolutionary war…….and Harry Hess was a geologist who discovered how Tetonic plates moved……he was who discovered sea floor spreading….more food for thought.
Thanks John for the keen observation of Dr. D(C)emento…….the lies they try to make US believe are horrifying……Now that I have a witness……. lvent, a defendent of freedom, rests my case, D.C. proves my point that the DC lunatics have hijacked US and are trying to make us believe they are running the asylum. Don’t believe it for a minute……the TRUTH IS…….The American people are way loonier when it comes to defending our freedom than they ever dreamed in their evil dreams of one day, dominating US. WE THE PEOPLE are proud to reject Satan…..and all of his evil works……these spawns of satan are, in reality, just big, fat, lying losers.
Somebody please link the case v. wells fargo. thanks
dcb – found your commentary amusing and horrifiying.
Oh well…this site was pretty good while it lasted…but it has now been completely taken over…whatever—Neil is only interested in helping securities investors, anyway—he will push his “investor-lender” agenda ’till the cows come home…
http://jdouglasslaw.wordpress.com/2012/10/31/ohio-supereme-court-decision-against-banks-will-void-thousands-of-foreclosures-and-can-help-robo-signed-victims-in-ohio/
This Ohio attorney says there’s hope under Swartzwald for homeowners who already lost their homes to the boogie man. I don’t know if he’s any good or not, but at least he’s on it.
Actually, I am an Obama supporter. I voted for him last time and will vote for Obama again. The president needs another four years to fix our country.
& it is true ….music can save your mortal soul but only if you really open up your mind…….can you hear the truth….these people are IMPOSTERS….they are satanists & what they want is your mortal soul……..so please…….listen to the music…….all the time.
CITIZENS ALERT…..FOX NEWS REPORTING……THE FOREIGN OIL TANKERS ARE PULLING UP AT THE NY PORT TO TRY & SAVE THE COMMIES ASSES……DON’T BUY IT AMERICA…..IT IS COMMUNIST FOREIGN OIL CRACK..IT’S ALL A FRAUD TO MAKE YOU BELIEVE WE ARE DEPENDENT ON THE FOREIGNERS….IT IS COMPLETELY MANUFACTURED B.S……WHAT THEY ARE REALLY DOING IS TRYING TO STEAL YOUR MORTAL SOUL……SEND THEM PACKING AMERICA ……DON’T ACCEPT THEIR HELP IN EXCHANGE FOR YOUR MORTAL SOUL OR IT WILL BE BYE BYE MISS AMERICAN PIE……..
…..If you smoke the Wells Fargo crack & the fraud settlement crack…… you will fall for anything. These crooks can’t enforce a damn thing. You crooks really should pull up your plumbers pants because your cracks are showing and they are freaking gross……
Ut Oh …. Somebody has his Claws Out! Screeeeech!
@ALL
Well the irony of the Wells Fargo immunity claim out of the settlement is that it explains why only the biggest banks got “in on it”.—along with MERS and LPS.
These were also the bailout boys—so the regional banks–the non-banks that did not get to participate are on the hook for whatever happened the last few years. Whereas the big-boys get a real get out of jail free card—at a cost of next to nothing. No wonder they are releasing reserves set up for liability to income this year.
This was such a slick move its hard not to wonder at the planning involved. Everything just perfect. A seemingly large number—lots of publicity—nothing under the table–no risk that the banks could be said to have slipped one by—any blame is spread among a horde of federal bureaucrats and AGs—WIDESPREAD. So much so that no single govt official can be pointed at—he did it. Nobody did it. Now they will all be finger pointing and talking about too many chefs spoiling the soup. Nobody has a carreer problem–even if they want to stay in politics—-it just happened—sloppy drafting.
Really a govt affairs coup by the banking association–you gotta admire the temerity.
And the timing !!! another perfect score. The whole thing played out after midterms—-and then the trick revealed by wellsfargo just before election–so no time to be an election issue—but must be resolved by lame ducks—everybody received their contributions on time—
perfect planning
and what is the payoff—?
possibly trillions in funky predatory notes swept under the rug—absolutely necessary to bail out Freddie and Faanie and FHA —a big blackmark on govt support for mortgage markets—so in future limit involvement in mortgage financing to private banking and bank-prepared securitization–with no govt involvement—-free market at work
now obviously if the free market is left to work unimpeded—there absolutely should be no more fixed rate loans
if you wanted one you shouldda gott it while you coulv
no fixed rate loans readers might say?cant happen—but simply go back to late 70s —–simply look at the way homes are financed in UK–in Ireland—where banks are banks and whats good for banks is good for everybody–where its understood that middle class was never intended by God or the king to actuall own a house—where ordinary people politely tip their hats to the gentry and sleep soundly in their rented cottages and flats
The regional banks are not protected—and should not exist because obviouslt the truly great international banks should suck the little ones up—because too big is best–and the best way to have a strong banking system is for 5 guys to sit in a room in NYC and decide how everything will be done–the settlement is proof of that–how can anyone deny that this is unparralleled genius–efficiency
of course in private Jamie Dimon will point out that the whole bailout thing wouldv gone a lot smoother if there were only 2-3 guys—that the 5 slowed things up–in fact at home Jamie will remark to his mistress that the whole thing couldve been done by a 10 minute phone call if there were only two
and Geithner will tell his wife –really best is if there is only one—and he should be it—or rather IS it
one for the US –one for UK –one for Gerany–one for china—–maybe one for japan—but thats second tier anyway—-and thats way better–where true capitalism is intended to end up–an unrestricted ungoverned unaccountable monopoly
yes as of toda its a brave new world–banks are immune from wrongdoing—and the competition if there is any left must be relegated to an historical footnote—-the banker will decide what all businesses do—how much all businesses should earn—and all things belong to those with the guts and imagination to seize them
frankly after this–it seems to me that elections are entirely unnecessary—exceo for the pageantry—the president and congress etc really should be ceremonial –and people should accept it
people can still have a local mayor—and local bank branch supervisor
now about the revision to the bankruptcy laws—how many debtors prisons should there be?
Crack Houses are not Preserved. They are Bulldozed Down. I Hope those fierce puppies of hers can take on a bulldozer and wrecking ball. Way To Many Cracks of One Kind of Another to Take Any Chances. Oh ..Looky over there —– > Its the Nice Guys with the White Huggy Jackets and the Happy Pills.
& AS I HAVE A LEGAL RIGHT TO EXERCISE MY FIRST AMENDMENT RIGHT AS AN AMERICAN CITIZEN……IMHO…& MANY OTHER AMERICAN CITIZENS OPINIONS WHO ARE COMPLETELY FED UP WITH ALL OF YOU LOUSY LIARS & FRAUDSTERS AND ANYONE WHO ENDORSES THIS FRAUDULENTLY INDUCED BUNCH OF CROOKS, HOODLUMS & LIARS……..WILL BE CONSIDERED OUR MORTAL ENEMIES……….
@IVENT —you stupid …..you are so self absorbed and/or corrupt that you completely ignore the most momentous action taken by the banking community in the past 3 years—the WELSS FARGO defense —claim of absolute immunity arising out of the settlement.
You may not have heard of it yet—the most recent twist—but no doubt you did hear of the supposed $25 billion settlement by the 5 largest banks to satisfy the crap associated with forging foreclosure documents to seize homes without real judicial review—-the $25 billion was an estimate for one thing–each state received a few million–i think california was largest at about 65 million—-not morethan one billion in agregate to states—-then to be determined bu something like $800 per homeowner who was denied due process via forged documents
Due process —day in ct etc —for sale at $800————–result being that various banks divied up homes in foreclosure without proving they ere the ones that loaned the lost money——rather than refinance–modify whatever—seize and vacate—-accrue fees—-vacant homes deteriorating because all so quick—nobody able to buy because –well the homes now in need of substantial repairs after being gutted —-
thats all well known—the $25 billion number [maximum ] to cover the speedy evictions with $800 to each family
except in a response filed yesterday to a HUD suit seeking recovery against WElls Fargo for originating bad loans insured by FHA——ie taxpayer—-loans where Wells Frago employees knew that appraisals were faked –incomes of borrowers pumped often by bank employees—–now Wells Fargo is arguing that ALL the putback claims are cutoff by the settlement—all bank mortgage loan issues settled by govt for maybe less than $1 billion paid out to state AGs—-
This they say was agreed by state and federal officials despite what was publicly disclosed–being to settle technical robosigning issues—–so now the banks are going to depose the individual govt employees to ask them what THEY INTENDED TO SETTLE—–irrespective of what the agreement states–irrespective of th public releases.
And lets just guess what those lame duck govt employees are going to say—just before they take jobs with the same banks? Of course we intended to settle everything—of course the price was low–the banks could not afford more——wed have to bail them out if it was more—–most important thing in America is to have a strong international banking system—US banks just have to be able to go out and lay down big bets on all sorts of things—how else can they rebuild capital—how else can they pay off bad bets that they make in future—-
it does not matter who wins–the settlement was bi-partison–now we know why they wanted all the state AGs on board—of every political stripe—-it was a non-partison bail out of the big banks for intentional wrongdoing of every type—-let bygones be bygones—no matter they predated borrowers to predate investors—to predate govt insurance –no matter
in fact it was so good it worked out so well–lets do it again with gusto
BOO……HERES JOHNNY……! You are such a big fat loser DC…….you and all of your minions & cohorts are nothing but big fat fake tares, failures & losers……
Sounds like creature feature…… that program & the twilight zone were both cancelled years ago……friendly reminder……..don’t bend over to pick up the soap……..!
@ johngault
I meant to split my comment with a
———————-
That last section of the comment not talking about the refund; was meant for the Egos of the Ones making their feelings, thoughts, and desires known to the rest of us.
I love you. Never forget that.
Trespass Unwanted, Corporeal, Life, Free and Independent State, in Jure Proprio, Jure Divino
@johngault
They should beware as in the phrase beware of “greeks bearing gifts”
That refund is final settlement.
If you are wronged and I offer you some ‘consideration’ and you accept it…then it’s considered cleared. Period.
So people glad to get a little ‘some’n, some’n’ and waiting to see what the rest get, will find their pleas are met with silence when they scream, what about me? what about us? after accepting refunds not fully disclosing what was taken from them in return for that refund.
Signature indicates acceptance of the terms, known or unknown behind the refund.
I stopped accepting settlement checks for class actions and all these pittance refunds a long time ago.
There’s a lot of sound (music) here, multiple EGOs jockeying for power in an existence where all is Equal and One.
Everyone Wins.
No losers here.
Every comment accepted as what you say means something to someone.
Love has a strange way of revealing itself. Sometimes it’s in noticing someone that needs to be noticed.
I see you.
Trespass Unwanted, Corporeal, Life, Free and Independent State, One with the Creator, In Jure Proprio, Jure Divino.
Hey DC…..get ready for your ass ramming in county……!
And DC…… before you enter Cook County you might want a heads up………we weren’t voted the most corrupt planet in the country for nothing……..it’s really windy here…..witch in turn is a good thing because……it fans the fumes from the bodies they let pile up in the county morgue till they rot & it clears the nose to allow the palate to want to go eat lots of Bishops Chili ……..SO BY ALL MEANS…COME ON IN…..
@IVENT
You will be seeing Dr Bell—-eventually–after you detox. best wishes for your recovery—-and while you are in lockup—the boys in preservation promise to take really good care of your house
AND ALL OF THE FALICE-IES…….NO ONE WORSHIPS THAT FALSE IDOL….ITS SHRIVELED UP & OLD & YOUR TAKING WAY TOO MUCH CIALIS….HEED THE WARNING……..TOO MUCH OF THAT CRAP WILL KILL YA…
Face it DC…….the Globalists big Halloweenie party is over……NO ONE BELIEVES YOU ANYMORE……the buck stops right here…..
CASE WORKERS FOR DUMMIES……..? I DO NOT COMPLY, COOPERATE OR COMFORM WITH IMPOSTERS…….WHY DON’T YOU COME TO THE SOUTHSIDE & SURENDER YOUSELF & MEET ME AT THE POLICE STATION……? WITH THE SOUTHSIDE CODE OF SILENCE & ALL YOU ARE GUARANTEED AT LEAST TO DO A SHORT STINT IN COUNTY AND GET THE COOK COUNTY Q TIP RIGHT IN THE HEAD OF YOUR SHRIVELED UP PENIS………OUCH BABY…….BETTER HOPE THEY USE THE VASELINE FIRST….BUT I DOUBT IT………HARRASSING U.S. CITIZENS HAS ITS PRICE..
DC says……….DUH….lvent says…….experts agree this is another Hitler Plan…….??????????? HEY DC…….WHY DON’T YOU STOP BEING SUCH A COMPLETE MORON AND GET YOUR GREEDY HANDS OUT OF MY POCKETS AND STOP WORRYING ABOUT WHAT I HAVE TO SAY & START PAYING ATTENTION…?
DON’T BOTHER…….THE SOUTHSIDERS WON’T RESPOND TO YOUR CALL…….THEY ONLY RESPOND TO REAL AMERICANS…..NOT IMPOSTERS…….DON’T FORGET…..THIS IS THE BADDER SIDE OF TOWN….SWEET HOME CHICAGO……THEY MIGHT THROW YOUR LYING ASS IN COUNTY FOR WASTING THEIR TIME THOUGH……I AM SURE THERE ARE SOME BAD ASSED MO FOS IN THERE WHO WOULD LOVE MEETCHYA….
@IVENT
Somebody was kind enough to oblige–and iv made the contact–provided the threads—-there will be a case-worker coming by—have as much fun with them as you given me.
get ready for your urine screen
Otherwise you crooks better prepare yourself for some real honest to goodness……Italian/Irish/German American home cooking…….it’s going to be delicious……guaranteed…..!
DCB,
No need to stoop down to the same level…
Stop trying to sell rotting carcasses & leave the American people alone…….and maybe you will get lucky…..
I don’t take any drugs you loser….why don’t you put down the commie crack pipe……? I don’t indulge in satans distractions……they destroy your mind….body …..& soul……& I need to keep a clear head at all times to contend with liars like you.
OH YEAH DC….? WHY DON’T YOU CALL UP RICK SANTELLI AT CNBC AND ASK HIM……..I PAY ATTENTION…….IT IS TO THEIR OWN PERIL FOR THOSE WHO DON’T ……AND BELIEVE LIARS LIKE YOU…….
THEY AREN’T GOING TO PULL OUT JACKSHIT……..WHY? BECAUSE BY LAW THEY HAVE TO VERIFY EVERYTHING……& THEY CAN’T ………THIS IS A SUICIDE SQUEEZE & I’M NOT GOING TO ALLOW THEM TO MAKE ME BE ONE OF THEIR MANY VICTIMS…
KUDOS DC……IN FACT DOUBLE KUDOS…
HEY DC….. YOU ARE ALL TAKING A BIG FAT RIDE ON A GIANT FAILED REMIC…..THERE IS A BRICK WALL COMING YOUR WAY AND I CAN’T DISCLOSE WHERE…HERES A CLUE…BETTER CHECK YOUR BRAKES….
YOU ARE THE ONLY HOGS GETTING FED HERE & THERE IS A SAYING ABOUT PIGS & HOGS IN THE SOUTHSIDE OF CHICAGO…….PIGS GET FAT….&……HOGS GET SLAUGHTERED….& WE THE PEOPLE KNOW WHO THE HOGS ARE……….
SOUTHSIDE OF CHICAGO—please give me her name and address and ill make the complaint
Load up the trains……&……..Fire up the covens………I mean ovens…..!
Baa………..Baa……..black sheep have you any wool……? HELL NO…..! JUST CARCASSES WE WANT TO SELL YOU IN EXCHANGE FOR YOUR SOUL……..WHICH WILL REDUCE YOU TO ASHES WHEN WE BURN THIS MOTHER DOWN….!
IVENT RANTED;” Baa………..Baa……..black sheep have you any wool……? HELL NO…..! JUST CARCASSES WE WANT TO SELL YOU IN EXCHANGE FOR YOUR SOUL……..WHICH WILL REDUCE YOU TO ASHES WHEN WE BURN THIS MOTHER DOWN….!”
Clearly delusional and prone to violence—-keep this one
IVENT im looking for Illinois Health and Human Services now—-1st cut off your drugs–then do the review—then put you where you cant hurt anybody—keep throwing these up—itll help with the involuntary interning
BETTER THAN YOUR COMMIE PLATFORM FOR SHEEP……….
There is no padding…..just attack dogs……so come on in losers…….
You are the only evil black witch at my door DC…….and with evil black witches like you running around …… MISREPRESENTING WHO YOU REALLY ARE,………..NO ONE IS SAFE……..IN FACT …….I AM GOING TO GO TO THE SHELTER & I AM GOING TO ADOPT A FEW ATTACK DOGS……..YOU CAN NEVER HAVE ENOUGH OF MANS BEST FRIEND…..& GOD KNOWS…… YOU CAN’T BUY LOYALTY….
@IVENT–you ranted; “,………..NO ONE IS SAFE……..IN FACT …….I AM GOING TO GO TO THE SHELTER”
now you get it–thats where you are going–and when you get there —they will pull out this stuff courtesy of____and then youll get rerouted to the special accommodations—-be afraid —they are going to get you
You are a fairytale alright sc…….and an evil witch……..I don’t have to prove anything…….I have to make you prove everything you claim…..& that is the fact…the fact is…..you crooks owe the American people Gazillions…the FED are who is in default to everybody & their brother & you are the deadbeats who don’t pay your debts…….EVER…You are sick sodomite perverts and crooked robberbarons for the rich…….disguised as the FED….. who manipulate and misrepresent everything you do to try & hide your true identity………….THE TRUTH IS……..YOU ARE ALL IMPOSTERS….
@IVENT: you ranted;” You are a fairytale alright sc…….and an evil witch……..I don’t have to prove anything…….I have to make you prove everything you claim”—then we get to the accusations of sodomy etc
Is there anybody else that cares to line up with this nutcase–please identify yourselves–so i can block any and all of you after talikng the count —I guess NG should be proud of the effort being placed on wiping out his site=–is this good for business NG?
When these Cretans pull the plug it will be up to the strong to take care of the weak. Believe me……that hurricane is just a precursor to the real evil they are planning….Better pay attention…time for the American people to hand these commie infiltrators their pink slips………..these Democrat progressives are complete subversive anarchist ying yangs …….they are complete communists…….. http://haarp.net/
@IVENT you ranted, “these Democrat progressives are complete subversive anarchist ying yangs …….they are complete communists……”
Some more deep insights here re UCC—or is it securitization—real estate law——no delusional rantings—-taking up space and time—
Silly Child …. You are the one who needs the Facts. I already have them. And I dont have to prove nadda …. You Do! Your the one being sued not me …Remember? Sure You Do! Peeks in My Granny Bag … Yep! Facts still There! Peeks into my Majic Fairy Dush Bag….. Yep! Still Empty!
Make no mistake…..they mistake kindness for weakness. Don’t be fooled, they mean to do you permanent harm.
Deb……..sorry……there is no high road. You have to be as mentally mean & evil as they are.
Hey Ivent isnt it time to hit the frifge again—your hourly feeding is needed or youll grow into that chair—-do you have one of those lifts ?
truly –know when you were talking to all those people—-did you leave your chair? were they pictures in newspapers you were railing at?
anything is possible for a delusional case like yours–frankly it scares me to think that you are loose—-much better if they come and put you in a padded cell—–is that why you are so upset when outside “witches” come and knock on your door–i would be too if i were in your shoes–i mean slippers
Wells Fargo is also issuing checks to borrowers who were put in
FHA loans with their high costs of insurance (the mip”) paid by the borrower when those borrowers qualified for other non-fha loans without the costly fha insurance:
http://www.sanluisobispo.com/2012/10/29/2278263/wells-fargo-quietly-sends-refunds.html#storylink=rss
I found this running down the latest suit against WF ref’d here by comment. That suits alleges WF turned in bogus certificates for
FHA insurance on loans. (“It never ends”) That sadly points to the fact we’re still fumblling in the dark on a lot of issues, like WHEN do the FHA insurance and the VA guarantee kick in and who gets the benefit? The answer is tied up with WF steering people to FHA for its insurance value.
Carie, those false certifications to FHA (to get the insurance) might be of interest to you. I’m looking for the suit to see the actual allegations in detail. If an FHA loan were falsely defaulted, it follows the bankster would (falsely) go for the FHA insurance. Ditto, actually, on other loans. If a VA loan were falsely defaulted, did they go for the VA
guarantee? A falsely defaulted FNMA loan should have compelled FNMA to honor its guarantee or repurchase the loan. But the banksters could have rigged the deal to avoid those guarantees and insurance for their own reasons, like if it would mess up their scam.
How they’d do that, got me.
You can bank on one thing DC & whoever else deceives & lies to DEFRAUD the American people. What goes around always comes around…….THAT IS GODS LAW & THERE IS A SPECIAL PLACE IN YOUR OWN MANUFACTURED HELL WAITING JUST FOR ALL OF YOU……MISREPRESENTERS…..because God Almighty has a plan & he is the ONLY entity who is infallible…….
NO DC YOU ARE A FULL OF SHIT SOB…….I HAVE DONE MY HOMEWORK…RESEARCH & …….A TON OF FOOTWORK….I HAVE MET WITH EVERY ENTITY IMAGINABLE & SOME YOU MAY NEVER HAVE EVEN HEARD OF……& I HAVE TRIED TO HELP ALOT OF PEOPLE IN MY OWN COMMUNITY……HOWEVER, YOU CAN’T FIGHT THIS WAR FOR THEM…..SO SIT DOWN & SHUT UP…….YOU DON’T KNOW WHO I AM….I AM THE ENTITY WHO PAYS YOUR LOUSY PAYCHECK SO YOU CAN TRY & MISLEAD THE AMERICAN PEOPLE & YOU ARE DONE SCREWING ME…..& I PITY WHOEVER BELIEVES YOUR BULLSHIT OR OBAMAS …OR HIS COHORTS & MINIONS HE HAS PLANTED THESE COMMIES LIKE YOU EVERYWHERE…….GO BE COMMIES SOME WHERE ELSE…….! I KNOW WHO YOU ARE ……..YOU ARE SOUL STEALING DEMONS FROM HELL….
OH IT MATTERS carie…..that is what they want you to believe that you have no choice……THAT IS A DANGEROUS LIE…..OBAMA wants war on U.S.SOIL…….He wants anarchy. Do your homework people…….! This man has misrepresented every single thing he has done..For example..the gas crisis because of the hurricaine……..THIS ADMINISTRATION IS FULL OF SHIT & THEY HAVE LIED ABOUT EVERYTHING…..! WAKE UP FOR THE LOVE OF FREEDOM….IF NOTHING ELSE…….THESE CROOKS HAVE SEIZED ALL OF OUR WEALTH UNDER THE GUISE OF THESE CROOKS LENT YOU MONEY…….THEY NEVER DID……& THEY OWE US GAZILLIONS…..!
Ivent
If you are in court you will know that there are road blocks but there’s the long way around but we all gotta stay on it the high road
lvent, on November 2, 2012 at 6:50 am said:
“If these jerks get another 4 years, no one is going to be laughing.”
It doesn’t matter WHO is in office—because the whole SYSTEM is based on fraud and lies. That’s why the whole SYSTEM needs to and WILL fall apart…and a NEW one based on truth and real justice needs to take it’s place. Humanity needs a conscience for that to happen…apparently only great suffering will change humanity. Knowing what’s right and wrong, good and bad, selfishness and selflessness, etc…spiritual principles. That is what is lacking in the world—and until qualities of compassion, mercy, kindness, justice, altruism, etc., are prevalent—we will most certainly destroy ourselves.
Deborah Wynn….I agree…….they have no legal standing at all & they committed fraud & forgery without our knowledge…..it all goes back to the ORIGINATION FRAUD…….& THE FEDS DEFAULT ON THEIR MORTGAGE ON THE MONEY THEY BORROWED IN ALL OF OUR NAMES AND NEVER PAID BACK TO THE AMERICAN PEOPLE….THE FED POCKETS OUR WEALTH…….AND THEY DO NOT PAY THEIR DEBTS….THERE IS NO LEGAL CORRECTION FOR THAT & THERE IS NO MONETARY CORRECTION FOR A QUADRILLION DOLLARS IN CREDIT DERIVATIVES FRAUD & OTHER FRAUDS THAT WALL STREET COMMITTED WITH OUR FORGED SIGNATURES WITHOUT OUR KNOWLEDGE……
& I AM NOT AFRAID OF THE BIG BAD WOLF…..IT IS ALL A BIG FAT FRAUD…….A GRIM FAIRYTALE ………..
ALLOW ME TO REITERATE …….YOUR FACADE IS JUST ONE OF THOSE CHEAPO COMMIE PINKO PLASTIC FENCES………WITH NO FOUNDATION….AT ALL…..
I DON’T NEED YOU SHADOWCAT OR ANYONE TO INTERPRET THE RULE OF LAW IN THE UNITED STATES OF AMERICA FOR ME BECAUSE I CAN SEE RIGHT THROUGH THE FED INVESTOR FACADE…ITS NOT A BRICK WALL OR A RAZOR WIRE FENCE ITS JUST ON OF THOSE CHEAPO PLASTIC JOBBERS…..
Do you have any facts to back up your accusations shadowcat ……? I don’t believe that you or your minions & cohorts have any PROOF OF ANY OF YOUR OUTRAGEOUS CLAIMS….. because you have not shown me anything……SO ……SHOW ME ANY PROOF THAT I AM WRONG OR……..STFU…
” make the court follow the rules” believe me I’m trying. The rules are there to prevent I justice and a inequitable result. That’s why wears getting unjust and inequitable results . Procedure is there to prevent innocent men from going to jail and that is why rules and procedure matter. So whoever said you. Ant enforce rules isay we must protect a system that is paramount if any justice is to prevail in the world as we know it.
Idiot!
& Obama & his minions & cohorts are invested in all of this FED FRAUD……make no mistake…..they have all gotten fat as hogs off of this by investing in this Hitler Plan for world domination……Obamas retirement is invested in VANGUARD ……..ONE OF THE LARGEST INSTITUTIONAL INVESTORS ON THE PLANET………THEY INVEST IN THE LARGE MULTINATIONAL CORPS……THE REAL ESTATE COMPANIES…..THE INSURANCE COMPANIES……THE BANKS……..ETC…..GOOGLE IT……WHAT ARE OBAMAS INVESTMENTS………..?..ITS ALL ON THE PUBLIC RECORD……THIS MAN IS IN ON THIS FULL BOAT………HE IS A DECEIVER…..A LIAR …..AN IMPOSTER…….& A FRAUD…..!
@IVENT;
you ranted,”& Obama & his minions & cohorts are invested in all of this FED FRAUD……make no mistake…..they have all gotten fat as hogs off of this by investing in this Hitler Plan for world domination’
ok ill defer to your knowledge of hogs getting fed
From the looks of it, no one is going to jail for the LIBOR SCANDAL……they bankers are getting fined. That reveals the real culprits yet again …….the FED INVESTORS…!
I think they should mete out real punishment–2 days in IVENTS padded cell with her
Enraged…….the only imbeciles are those who believe you & your criminal friends at the FED….
OBAMACARE IS THE MICROCHIPPED MARK OF THE BEAST & THE FED & THE POLITICIANS ARE BANKRUPTING THE AMERICAN PEOPLE TO FRAUDULENTLY INDUCE HELL ON EARTH…..SIMPSON BOWLES & MORE EVIL PROGRESSIVE TAXATION POLICIES LIKE THE FEDS INSOLVENT MORTGAGES & ALL OF THE FEDS INSOLVENT CREDIT FRAUD DEBTS ARE BEING USED AS FINANCIAL WEAPONS OF MASS DESTRUCTION TO BANKRUPT US & USHER IN THEIR MICROCHIPPED MARK OF THE BEAST…..STOP COMPLYING, CONFORMING & COOPERATING WITH FRAUD….THEY ARE STEALING ALL OF YOUR GOD GIVEN FREEDOM………!
Imbecile…
DC……..looking back on your comments……you are who is polluting these threads with discussions about completely irrelevant b.s. that helps no one & in fact, gives people vertigo by sending them on a wild goose chase. I have researched this well and the facts don’t lie and many experts conclude, this is a Hitler Plan……you are who is being paid well for distracting the American people from the real facts so they don’t see THE TRUTH about what they are planning to accomplish right here, on U.S. SOIL….I make no mistake about the fact they want to fraudulently induce hell on earth for their own evil works & the TRUTH IS they could NEVER be paying you enough for your soul.
@IVENT YOU RANTED; ” and many experts conclude, this is a Hitler Plan”
??????
Backend……front end…..upside down & sideways, it doesn’t really matter does it? THE FED IS IN DEFAULT TO THE U.S. TREASURY DEPARTMENT & THEY OWE THE AMERICAN PEOPLE GAZILLIONS….AND THE FED OWES A QUADRILLION DOLLARS IN CREDIT FRAUD DEBT BECAUSE OF WHAT THEIR PERPS ON WALL STREET DID & THE COMMIES HAVE HIJACKED THE TREASURY & ALL OF OUR WEALTH ……. HOWEVER THEY ARE BLAMING ALL OF US……..JUST LIKE HITLER DID TO THE GERMAN PEOPLE…..THESE CROOKS ARE RIGHT HERE ON AMERICAN SOIL & THEY WANT TO DECLARE AMERICA BROKE AFTER THEY HAVE BANKRUPTED THE AMERICAN PEOPLE AND SEIZE ALL OF OUR REMAINING WEALTH & PROPERTY INCLUDING OUR GUNS AND MICROCHIP US TO ALL OF THE FEDS UNSUSTAINABLE DEBT WITH OBAMACARE OR YOU WILL GO TO THE FEMA DEATH CAMPS IF YOU REFUSE TO COMPLY, CONFORM & COOPERATE WITH THE MICROCHIPPED MARK OF THE BEAST & ALL OF THEIR FRAUD…..THESE PEOPLE ARE EVIL & THEY WANT TO OWN NOT ONLY EVERYTHING……BUT EVERYONE……..THEY WANT YOU TO BELIEVE YOU SIGNED AN AGGREEMENT ….. A MORTGAGE……AND THEY OWN US BECAUSE OF IT………..THEY NEVER DISCLOSED THEIR TRUE INTENTIONS WITH THESE MORTGAGES WAS THAT REALLY YOU WERE SIGNING A DEAL WITH SATAN HIMSELF…….THEREFORE THEY & THEIR FRAUDULENTLY INDUCED CONTRACTS ARE A NULLITY…..NULL & VOID…….WHY…..? BECAUSE OF THE ORIGINATION FRAUD…….AMERICA….STOP PAYING…..COMPLYING & CONFORMING WITH ALL OF SATANS EVIL PLANS FOR MANKIND …!
@ALL NEW READERS;
IVENT SAID “THE FED IS IN DEFAULT TO THE U.S. TREASURY DEPARTMENT & THEY OWE THE AMERICAN PEOPLE GAZILLIONS’
That is an example of the quality info you will be getting if you keep opening this site—give yourself a break go to one of the others–surely you would not lay out money to the people at this site—no no
If these jerks get another 4 years, no one is going to be laughing.
IVENT: are you laughing now? you should be–you have succeeded in diminishing the use of this site as people needed substantive law and instead its a right wing platform for crazies
Wells Fargo challenges feds’ mortgage-fraud lawsuit
By Aruna Viswanatha
Reutersmercurynews.com
Posted: 11/01/2012 10:57:55 AM PDT
Click photo to enlargeFILE – In this May 6, 2012, file photo, a Wells Fargo sign is displayed at a branch… (CX Matiash)«1»WASHINGTON — Wells Fargo formally challenged parts of a financial-crisis lawsuit that the Justice Department recently brought against it, saying a prior multi-bank $25 billion mortgage settlement already cleared the San Francisco-based bank of some liability.
The fourth largest U.S. bank asked a federal judge to rule that the U.S. violated the terms of the earlier settlement by filing its recent case.
The U.S. Attorney’s office in Manhattan sued Wells Fargo on Oct. 9 seeking damages and penalties for more than 10 years of alleged misconduct related to government-insured Federal Housing Administration loans.
But an earlier consent judgment already resolved liability involving the bank’s compliance with FHA obligations, Wells Fargo said in its Thursday court filing.
In February, Wells Fargo and four other top banks agreed to $25 billion in penalties and relief to homeowners to resolve allegations about shoddy mortgage servicing practices. That settlement also addressed certain claims involving the bank’s annual certifications about its FHA compliance, Wells Fargo said.
Through its action, the bank said it is seeking an order barring the government from pursuing certain claims included in the new lawsuit.
Wells Fargo said it is also seeking other relief to “compensate Wells Fargo for the injuries suffered as a result of the repetitive litigation” from the new U.S. lawsuit.
In the filing, lawyers for Wells Fargo said
——————————————————————————–
——————————————————————————–
they had conferred with government attorneys, who said they would oppose the motion.
A spokeswoman for the Manhattan U.S. Attorney’s office did not immediately respond to an emailed request for comment.
@ SC –this would be an interesting topic to discuss —the ramifications—if the site was not dominated by the peanut gallery–or is that the nut gallery—i simply tire of plowing by a dozens of crappy inane/insane comments
but of course thats the point of them –to disrupt real meaningful dicourse
now lets get back to what this site is about: What kind of witches do you prefer –white or black?
Ha ha carie……Funny, but I don’t buy the whole alien theory. However, I do believe in things I can’t see. Go figure. I try to keep an open mind so I will just say you never know. I am pretty convinced it’s the government. But if aliens do exist, I hope they come & pick up their comrades soon.
Hi dcbreidenbach,
“…yeah but on a life of loan basis –if you cut it up like that you pay smaller rate on backend—-i dont think the npvs are based on 78s…”
Actually that isn’t correct… The statute states:
(d) Limitations after default
A mortgage referred to in section 1602(aa) of this title may not provide for an interest rate applicable after default that is higher than the interest rate that applies before default. If the date of maturity of a mortgage referred to in subsection 1 1602(aa) of this title is accelerated due to default and the consumer is entitled to a rebate of interest, that rebate shall be computed by any method that is not less favorable than the actuarial method (as that term is defined in section 1615(d) of this title).
——–
The loan must be recalculated because they are applying the majority of the loan payments towards their interest. It changes the rate from the example 6.75% to 10.69% – the loan docs state one rate but they are charging another.
By the time the loan is at the “backend” – they have “already” been paying a higher amount therefore the rate in the end finally levels. However that really has nothing to do with the issue. The issue is this – we sign loan docs stating a specific interest rate which dictates a specific finance charge. If we refinance, payoff, or default, on that loan they are “required” to recalculate the difference so the amount we paid during that time equals the correct interest rate.
@DAVID
I think id literally have to sit down and go through the NPV models to fully grasp your point–im ill disposed to agree or disagree—-probably you are right from the perspective you approach—iv seen a lot of statistical interpretations that create the wrong impressions if used out of the context for which intended–but damn–im so happy that there is a sane person —im so sad that the ability to communicate rationally here has been so severely undermined—i guess i did not fully appreciate the clean and open atmosphere that existed here a few months ago and prior
then there were several very intelligent people that wouldv chimed in and given us input –but who in his right mind would want associated with this now—-which makes me wonder why im here—i gotta go somewhere else—its just not going to get better–we are dealing with a fanatic –or a person who is paid $3/post—-which is my inference—the IVENT beast is consisten–a pattern—lots of short meaningless posts–only thing to explain it is paid by post—or complete crazy–and cant maintain a stream of thought—thats what happens if the person is “on” high levels of oxycodone–etc——excitable–franctured thinking–paranoid —nasty—-Illinois Health and Human Services needed
@dcb – acc to what i’m trying to make myself read, a remic is a CMO.
The info says a remic was introduced in the 80’s by way of the
Tax Reform Act of l986. My mission is what I said the other day – I want to find out the prescribed relationships of all the players. I have another one, which I suppose is my ultimate – to factually undermine
reliance on art 3 poss of a note for enforcement. (Also, I have over time made a distinction between ownership and possession. I see you touched on it recently yourself, but for diff reasons. My reason in making the distinction was my argument that one merely in possession (even if entitled to enforce under 3) has no right to an assgt of the coll instrument. There’s more ‘afoot’, but not here and not now.
It’s very slow going. I hate that stuff with a passion. Half my brain either freezes or goes to sleep. And then there are times when I find myself reading such poorly written material, sentences so bad one can’t decipher what is being said, makes me want to punch the author(s), to wit; that dot thing NG called a white paper the other day.
I’m still trying to get thru that one in case it actually says anything.
@JG
“to factually undermine reliance on art 3 poss of a note for enforcement. (Also, I have over time made a distinction between ownership and possession. ”
This is very critical and timely JG—-with the release of Schwartzwald. This case in my humble opinion is a bellwhether—-1st it restates and enlarges upon the Boyco decisions which were very important and widely cited —now a bit outdated—and lacking state-case support. Now the super-conservative OHIO Supreme Court has provided a solid basis for Boyco which thrusts Boyco’s decisions back to natl prominence as federal caselaw–re bankruptcy cases and other state-based cases in fed ct
The effect is amplified because the Schwartzwald case is strongly founded in the UCC —–which is enacted in all 50 states with little difference. This means Scwartwald is a fair precedent everywhere and reinvigorates the Boyco decisions. I expect a sleu of academic papers to interpret the meaning and implications of Scwartwald.
The case thrusts the UCC Art 3 back center stage were it should be–rather than miring the decision in a bunch of confusing ad hoc state interpretations of “standing” —it associates the UCC exposure to double claims where it belongs—a critical due process issue. The surrender of note—the original note becomes all important.
Likely it will drive legislation which may alter UCC in this area at least —to cutoff the pursuit of victimized homeowners by junk debt buyers with the notes that were overlooked.
I think your interest is well-founded and I would like to explore it as well—-id be happy to go offline on this one–and pursue the academic development–where you are going and why?
dcbreidenbach@aol.com
The LL is no longer a good place for open academic discussion. It is politicized and complicated by persons charged with undermining it–id rather do serious contemplation offline.
Hey, Ivent—they found Obama’s actual real birth certificate…it’s from MARS!!! I kid you not…and his little baby footprints only had three toes—and they were WEBBED!! Yes, it’s TRUE!! They recently found video of him getting a spray tan—it covers up the GREEN skin really well—simply amazing!
Disguised……as what? A pretty good cut….of what..? I know you are here to subvert the truth & you are a disinfo agent…..I am just ruining it for you right….? I doubt it ……. Your only fear is a few more Americans might just realize what a giant hoax you have going on. I talk to the townspeople everyday and they are not believing the b.s. anymore either. They want Obama out….& I am talking about ALL races……& religions. Believe me…..I am the majority……no one believes the MSM lies anymore….. The majority of the American people have jumped their fake commie
fence and aren’t buying the commie crapola Obamas feeding them…& all the staged crap the media designs. No one is even showing up for these Obama rallies…….these charades they are showing us are bad acting jobs. Poorly designed & badly coreographed…..we can see through the facade……we have knocked down the baracades & we are heading for the Bastille….& its not going to be violent or anarchal….we just aren’t complying, cooperating & conforming with fraud….Its the American rejection of communist evil campaign…. hope you will join us…
@IVENT
You said; “……we have knocked down the baracades & we are heading for the Bastil”
You are delusional—you havent added anything new —-you havent left your easy chair except to go to the fridge and bathroom–you havent talked with lawyers throughout illinois or anywhere else
you are a fraud—
Yep DC ….commies, Nazis, subversives, anarchists, radicals, satanists, nihilists, supremacists ….you name it……the devil’s are all right here roosting on U.S. SOIL.. in sheep’s clothes
…….. http://commieblaster.com/
yes thats it–but lets get some maniacal meat in there–this stuff is boring—how about some assasination conspiracy stuff
maybe nazis in south america preparing to invade via mexico—come on use your imagination–toss in a couple links to really wierd sites–make em believe–make em understand only the most twisted minds would read this regularly
its a dirty job but somebody has to do it and you seem to fit right in in this disguise—they are screwed up arent they?
yeah and no matter who you complain to –im still gonna hear about it–its none of your business how much tey pay me or why—-you get a pretty good cut–so quit complaining and pollute the threads like you get paid to do—or you can go back to the porn sites
BTW DC….Don’t think you have me fooled. You wouldn’t be in the conversation if you did not know what’s really going on……I know you are a subversive.
yeah ivent–im here just to monitor you–keep bldg the rpt–somebody has to keep track to see if you are earning your money—yes the guys upstairs want you to throw some more of the really freaky conspiracy stuff in here–one suggestion is something on atlantis or some alien stuff–how about aliens on atlantis
and connect the monument to washington in alexandria—i can see it from here—tell em about the closed floors and the cabals
get some good stuff on all these threads so anybody that stumbles into this site can clearly see the sort of losers that lurk here—need to pick up the pace though–election is coming overtime ok
No DC….I am enrolled in the real world……you are living in a cage if you don’t believe its a big world & anything is possible & when the shit really hits the fan….and it will…..don’t say you weren’t warned…
No I am not nuts they are. I am talking about their use of occult symbolism…….like the Nazi swastika for example. Hitler was an occultist…..all of these sadists are. If you don’t get it……you will have to do your own research….it is much to complicated for mental midgets. You have to have an open mind. Most Americans don’t ….most Americans view having an open mind as the willingness to accept or believe anything. It is not……those are mental weaklings. What I am talking about is a belief in anything is possible so you dare to ask questions…… You are a mental midget if you think I even answer the phone for bill collectors…….I don’t ….. if you don’t think they can manufacture the weather …..here is a link………however, you obviously can’t help those who don’t want to believe anything is possible…….. http://www.haarp.net/
http://www.federalreserve.gov/consumerinfo/independent-foreclosure-review.htm
So I found this link in another story about a neighborhood of homes. Trying to get those who were ‘robbed’, to seek a review by filling out a form at the Federal Reserve site. An April 30 2011 order that had been up for review on April 30, 2012 (But with such low response from those financially robbed) has been extended until 12/31/2012 to request the review in an online form.
Supposedly the robbed are not giving up any rights.
Yet it does clarify the OCC settlement, which stated “A number of servicers supervised by the Office of the Comptroller of the Currency (OCC) are also required to conduct independent reviews. ”
See if you rob me, I’m not going to talk to some independent body and say, I’ve been robbed by that servicer, please look this over.
They have the evidence. They are supposed to do the independent review. Pull up the court cases. They know they didn’t have standing to do what they did. (The first shall be last, the last shall be first). Foreclosures between Jan 2009 and December 2010. That’s mine. Got kicked out in August 2010. Never did anything against the value of the home. No other liens, no home equity loans nor lines of credit. Just plain and pure ownership, pay as you go, and upkeep. I miss my trees and grass. The people that moved in do not take care of it. If they stay any longer, the tree roots will go under the concrete slab to get water and ruin the foundation. They are not home owners. They just bought a piece of property and moved in.
As for those who robbed, cheated, and stole their way to try to get titles they never had, well just go through all the court foreclosure (theft) filings where the ‘servicer’ claims to have ownership of the property. You’ll see the damage done.
I want what the home back. What they made off the sale of my property, money for the emotional, psychological, and character assassination damage they caused by making me move. Money to replace the items I had to sell, donate, or give away in a hurry. Cover the rent I paid for the time I was away; had they had not interfered with peaceful enjoyment of private property, the home would have been mine free and clear and I’d not be paying rent to someone else, anyway. i want all deposits back, and the settlement must include some compensation for each ‘life’ (family member) that experienced this emotional ostrization and was affected by their disregard for my/our ‘right to property’.
Then we can “start” talking.
Article that led to the fed link was:
www(dot)flatheadbeacon(dot)com/articles/article/federal_reserve_encourages_foreclosure_review/30390/
Trespass Unwanted, Corporeal, Life, Free and Independent State, In One’s own right (In Jure Proprio), by Divine Right (Jure Divino)
The prospectus governs the servicing & the REMICS have all failed because the trusts were never set up. The REMICS that exist right now are a fraud to cover up for the fact the trusts never existed. What don’t you people get….? Chris Whalen said over a year ago on Bloomberg News, this is another Hitler Plan…& today, …Mayor Bloomberg announces he is endorsing Obama?????….GET A FREAKING CLUE ALREADY AMERICA…..! ..THIS IS HISTORY REPEATING ITSELF ON STEROIDS…..! This is their evil end game plan for the failure of socialism….though they are blaming Capitalism…..that is a lie….these commies have hijacked everything and make no mistake, they want complete communism…And look at who they are blaming for all of this….. Who are they blaming this time….? All of us…..& the weather when they manufacture all of it….!
ivent—now the conspiracy is manufacturing weather huh??? commies, nazi, aliens, witches right outside your door…. does anybody see anything wrong here???? have the collectors driven me mad? or do people see this crap as acceptable normal stuff???
here you go ivent–a real conspiracy–Conigliari [branch of genovese?] paying to stop pills in favor of his contaminated injections
http://www.metrowestdailynews.com/editorspick_mobile/x1890061861/Editorial-Campaign-cash-taints-regulatory-decisions
http://www.painphysicianjournal.com/pastissue_vw.php?jcode=70
are you enrolled in NASPER IVANT
http://www.davekopel.com/CJ/IP/DrugTesting.htm
@DCB
Found this from ANON:
“…Corridor Agreements exist — and are buried reference in Registration Statements (S-3), and Prospectus. Possibly not even referred to at all. And, certainly not filed as viewable with the SEC. .
Correspondent brokers and bankers, YES, made a bundle on the deals — irrelevant to the borrower — except they paid for in the form of higher interest rates on the modified debt — called a subprime refinance. .
All subprime loans (falsely called refinances) were sold to one of the big banks. Only the big banks had contracts with GSEs. The banks then securitized (passed-through cash flows — that is all securitzation is) — to security investors.
The very structure of the REMIC subprime was to provide credit enhancement to generate AAA ratings.
But, the Prospectus said otherwise, the Prospectus clearly states how the certificates to “risky” loan contained in the REMIC are sold TO THE SECURITY UNDERWRITERS — who do NOT report financial statements to the IRS — their parent corporation does.
Further, securitization must involve removable of receivables from the corporation’s balance sheet. By transferring the pass-through to off-balance sheets, the corporation was able to avoid reporting that the loans they “securitized” were not actually loans with valid receivables, in fact, they were collection rights to default debt, by which the corporation could only report the cash received as income — not receivables.
BINGO — invalid securitizations — and, that is why the subprime REMICs collapsed…”
All I can say to that site is beware of germs….and black witches. I have spoken to many attorney’s in my State who have told me they never even heard of such a thing as a quiet title suit………!
The website states…you will be lied to…they are bankers……nice touch..!
BTW…I wouldn’t swap last weeks newspaper with these sheisters….
Enraged confuses knowing the facts…..the truth……& being smart. Facts don’t lie…….
Great site for smarty pants. Resourceful, gives lots of pretty good advice and gives you the what-to-do from A to Z.
http://showmetheloan.net/whatsnew/?p=1
I love the one about making a copy of the aerial view of your house and offering bank’s lawyer to trade it for a copy of the note if that’s all he has to show (trading a copy for a copy). According to the author, it is sure to get the attention of the judge and bring the case back to the real issue of true note holder.
Why are you guys still trying to figure out what these whatchamacallits were…….? they weren’t loans…..they were watchamacallits….you are stuck in neutral…..
So is Obama…..there is no other logical explanation for what these judges are allowing…..the anarchists are all obviously working for Satan…
The judges are working for the germ….not their perps…..
Hi dcbreidenbach
You wrote – “…i dont think i like your math–rule of 78s was to be disclosed–the APR is supposed to stop that…”
Do the math – it’s a standard amortization run through Excel – and it has lined up with every loan I’ve run…
The issue isn’t math – it’s the interest rate and holding that rate within the disclosure statement. The disclosure shows the total amount of interest charged for the loan. However, the lenders charge a much higher rate during the first 10-15 yrs of the loan. This is common knowledge however, what is not common knowledge is that they are legally required to RETURN those “unearned” interest payments to the consumer. Google “unearned & earned” interest regarding mortgage loans…
The law is clear… it is considered a pre-payment penalty… Again, I appreciate your challenge me on this because I honestly do not want to promote wrong thinking. But if I am right about it – and it appears I am then these lenders have bypassed a very serious law creating a hefty liability…
I’m not too worried about my numbers because they are proven by same numbers and equations the banks used to calculate their mortgage loans. I’m so sure about this particular application of law. I am sure if you take your Truth In Lending doc and divide the total Finance Charge by 360 (assuming your loan was for 30yrs) you –then calculate the payoff balance of the foreclosure mills you will find that they simply calculated by the total payment and NOT the TRUE interest rate.
TITLE 15—COMMERCE AND TRADE
§ 1615. Prohibition on use of ‘‘Rule of 78’s’’ in connection with mortgage refinancings and other consumer loans
(a) Prompt refund of unearned interest required
(1) In general
If a consumer prepays in full the financed amount under any consumer credit transaction, the creditor shall promptly refund any unearned portion of the interest charge to the consumer.
(2) Exception for refund of de minimus 1 amount
No refund shall be required under paragraph (1) with respect to the prepayment of any consumer credit transaction if the total amount of the refund would be less than $1.
(3) Applicability to refinanced transactions and acceleration by the creditor
This subsection shall apply with respect to any prepayment of a consumer credit transaction described in paragraph (1) without regard to the manner or the reason for the prepayment, including—
(A) any prepayment made in connection with the refinancing, consolidation, or restructuring of the transaction; and
(B) any prepayment made as a result of the acceleration of the obligation to repay the amount due with respect to the transaction.
§ 1639. Requirements for certain mortgages
(a) Disclosures
(1) Specific disclosures
In addition to other disclosures required
(c) No Prepayment penalty
(1) In general
(A) Limitation on terms
A mortgage referred to in section 1602(aa) of this title may not contain terms under which a consumer must pay a prepayment penalty for paying all or part of the principal before the date on which the principal is due.
(B) Construction
For purposes of this subsection, any method of computing a refund of unearned scheduled interest is a prepayment penalty if it is less favorable to the consumer than the actuarial method (as that term is defined in section 1615(d) of this title).
(d) Limitations after default
A mortgage referred to in section 1602(aa) of this title may not provide for an interest rate applicable after default that is higher than the interest rate that applies before default. If the date of maturity of a mortgage referred to in subsection 1 1602(aa) of this title is accelerated due to default and the consumer is entitled to a rebate of interest, that rebate shall be computed by any method that is not less favorable than the actuarial method (as that term is defined in section 1615(d) of this title).
(j) Consequence of failure to comply
Any mortgage that contains a provision prohibited by this section shall be deemed a failure to deliver the material disclosures required under this subchapter, for the purpose of section 1635 of this title.
— that said – PLEASE correct me if I am wrong. I truly do not want to spread false hopes or wrong information…
yeah but on a life of loan basis –if you cut it up like that you pay smaller rate on backend—-i dont think the npvs are based on 78s
you cant use 78s to impute compound interest under irc—–i thought it was obsoleted by apr
Probably whatever Breitbart knew….they probably knew where the real bodies are buried…like Vince Foster…
http://www.huffingtonpost.com/2012/11/01/secret-service-agent-suicide_n_2060422.html
Yet another “suicide”…hmmmm….wonder what HE knew…
THE PSA…..THE RULE OF LAW TRUST CONTROLLING DOCUMENT THAT GOVERNS THE TRUST REQUIRES DELIVERY & CONFIRMATION OF THE ENTIRE LOAN FILE WITHIN 90 DAYS OF THE CLOSING OF THE TRUST……& ALL STATE RECORDING LAWS BE FOLLWED TO SECURE THE LEGAL LIEN …
The PSAs reflected IRC—they also reflected trust law and UCC Art 9 when they demanded that the mortgage loan schedule be filed with sec state financing statement——no schedule no assets –not IRC REMIC –not even a trust which at min must hacve assets and intangible assets to be assigned must be scheduled–listed—reasonably described
If the trust never existed they are in direct violation of their bosses pockets…..
The REMICs were really off balance sheet assets funded with non-recourse debt——in a sense they are not actually separate existing things–not like hershey or gates trust for example—–just a device for the banks then later the dirty private labels to issue debt without it showing on their balance sheets–idea flooped and thats what all the minimum capital talk is about—-it was a bad idea to have nobody liable–failed because the putback clauses in the indentures are kicking in
Yep….IRC the sticky wicked…….word on the street is the germ wants the lawless one to stay viralent and kill us off….the germ doesn’t want the vulture capitalist…..he has some morals & he is too proud to let the entire place be destroyed by the Nazis… & burn to the ground… Every American better get out & vote for the tidy white guy or we are ALL done. We really should do our own exit polls….
dcb – not sure what you said, but you might have said (tho pursuant to IRS rules, not trust law per se), bottom line: nothing prohibits a trust from taking or participating in an action mol post cut-off date, but doing so messes up the preferred tax status…..? If you did say that, do you know for a fact that the IRS rams are the only issues and NOT also some trust law?
@JG
creatures of state law pre-existed federal income tax —-generally the trust vehicle was used to hold passive income producing property—-irc recognized that–set up safe harbors at the cut-off period—im sure i could bruise the precise limits as long as generally i was not conducting an active trade or business—so in this narrow little corner of existence of trusts –yes
you can set up a trust fr your kids and keep adding stuff forever and would not necessarily screw up tax status—but for remic activity they set up a safe harbor—
Im leary of stating absolutes never say never or forever
but look at delaware trust law—–no specific rules like 60 days and formulas etc–thats fed regs
Concealed from all parties who were parties to that whatchamacallit…..
& concealed….
There never were any trusts John….that’s the point…..& that fact was undisclosed may I add.
They did not disclose these were investments in unsecured debts either….nope…
ivent – None of the UCC law listed here determines whether or not as a matter of law these trusts may accept something past a cut-off date. If you want to attack a thing, you have to do it right if you want to get anywhere. i don’t know the relevant trust law, but based on your argument that a trust can’t, it seemed reasonable to me that you could cite the law. I admit I’ve drawn some unfounded conclusions myself about what a trust may or may not do beyond a cut-off date, like when i said that a trust’s assets may not be altered,etc. after the cut-off date. Maybe they can be if they want to take what ever hit doing so occasions. .If you ever want to link the truly applicable law, I’ll read it fwiw as i’m sure would others (not a tome, though – just law rel to cut-off dates). And if you did, I’d be greatful for getting to skip the hunt myself. In the meantime, it does no good to tell others to read law you haven’t read, but which you need to know to support an argument. You may be right, but not by way of the UCC stuff you cite (the issue was the cut-off date). You’re obviously capable of research, so maybe you’ll keep it up and keep us informed.
@JG
Its not trust law that controls cut off dates–its IRC limitations on eligibility for pass through REMIC status–the business association created under state lsw–ie trust —cannot be active. IRC and regs require that passive means that the mortgage notes must be scheduld by the stated cut off date–60 days by reg as i recall maybe 90—except for narrow circumstances——
this assures that the association has a single set of monopoly cards—and is not out on the market buying selling and trading these as securities—-which is what many suggest the unfiled schedule trusts were doing–i personally think that in addituion to buying selling trading they were doubling up—selling same mortgage note twice–why do i believe this? because they could ! if they can they did they do—
otherwise a trust can buy sell etc—–but may have tax problems because as a general rule active business associations are subject to corporate income tax—-trusts are pass thu–partnerships pass thru–
& they do not disclose that they intend to default on their loan from the Treasury…and pocket your payments…
The FED does not pay back what the borrow….they pocket our payments as usury…..& if they don’t pay back what they borrow they don’t own anything….
Uncertificated means unsecured….
I am aware of germs lurking. They are always germs lurking…sometimes they get so close…….. then you grab the germicide.
Warning……there could be multiple germs lurking……..!
Concealment of a crime is a criminal act…
Mary…..there were a lot of deceptive practices they used & still are to conceal that. That concealment was a part of the ORIGINATION FRAUD…..
Believe it or not, I agree shadowcat….I know this is an evil commie plot…however, lots of people don’t …… to their own peril. One thing for sure is, there is an evil germ in this country and it is extremely drug resistant. Gotta think unethically about how to cure it, just like they do. Is it a bacteria….a virus….a parasite or a fungus…….? When you figure that out….you have the cure…..unfortunately, too many americans are drinking their poisonous & deadly lies.
Ditto.
So the true nature of the contract and the true and correct parties to the contract was not disclosed
Is that your view, invent??
Good question Mary….my guess would be third party debt collectors tranche…… who have no legal standing because of “loss of possession” ……though they never had possession of anything in the first place…
They never were loans David……no financial transaction ever occurred ……. they misrepresented the transaction by non-disclosure of every aspect of that transaction. They gave you no pertinent facts….they told you they might sell the “loan” but, they never did that…nope..never…..they just transferred, swapped & traded and sold investments in nothing……they diced up the notes and sold nothing to investors & turned the mortgaged into 10 year bonds..all after the Origination Fraud occurred..
Collection tranche to what if they never made it into trust??
Any sales or transfers of uncertificated securities is criminal fraud DC…those acts are criminal acts of racketeering…wire fraud…..mail fraud….. counterfeiting & forgery……securities fraud to name a few…..
uncertificated——you mean its illegal to sell electronic notes?
AND – when an option Arm or hybrid loan is put into the equation those numbers are radically different – RADICALLY… especially folks who were charged 9 & 10% – those folks were gang-raped by these lenders and they KNEW they were taking advantage the entire time. So, the folks who needed the break the most were destroyed without mercy and these lenders KNEW it…
Honestly, that is truly sick – Wall Street should be forced to pay up or face the consequences of public outrage retribution… it is truly horrific.
You only get so much time to Prove Yourself or Take Risks (however it affects your situation) is how you Look at It. They … Playing by the Rules? … Definatly NOT! But out of our Control. Homes will be lost, Pensions Payments will be Slashed… Investment Funds will deplete quickly ….. Taxs will go up. We will all carry the burdon for the Buttwipes we Let run Free in Washington in Our Names.
Hi dcbreidenbach,
You wrote… “…Im confused–why would you consider the interest to be payable in equal amounts over 30 years? Im missing something?..”
Short answer – that reflects the correct interest rate… as previously shown a payment amount of $1,621.50 where the creditor applies $1,406.25 towards the interest and only $215.25 to principle – well that certainly does not nor is not a 6.75% interest rate…
So to properly reflect the correct interest amount – a payment of $1,621.50 should only have 927.06 applied to interest and 694.44 applied to the principle – that reflects the correct interest rate. The contract agreement was based upon the interest rate – per TILA… The bank uses the principle of 78s when collecting their payments but this is prohibited when a early payoff or refinance or default is in the equation.
That is partly why these lenders were so eager to refinance so many loans. They were getting paid BUCKET LOADS of money UP FRONT – the discount points – refi charge – then when folks start over they are PAYING a MUCH – MUCH higher interest rate than they think they are – they are paying WAY higher rates and those lenders were KEEPING those funds PLUS charging all the refi fees and new loan fees…
When you look at all those fees and the ULTRA-HIGH interest rates folks were truly paying – it is absolutely disgusting that our gov leaders are not POUNDING these lenders to cough-up the money and force them to re-write those loans.
Think about it this way – take that same example and those folks apply for a Modification – what do you think they are actually getting…? That freaking bank isn’t given them a penny – they claim they are but in reality they only giving that borrower BACK the “unearned” interest that borrower ALREADY PAID that damn bank… it is truly disgusting when you think about it…
Under 78s—the interest income and deduction would be front end loaded—-if banks must not use compound method not 78s anytime they actually did a balance transaction with debtor—whats the effect on a borrower –other than timing of deduction–which method reflected on 1099?
some news in CITI – HELOC :
http://www.buckleysandler.com/uploads/36/doc/In%20re%20Citibank%20HELOC%20Reduction%20Litigation.pdf
Yes DC we got hit for taxes
IRS = 13k
State= 3k
Thats why I was asking, just trying to understand.
you refied such that the debt exceeded your cost?
Hi dcbreidenbach,
It is how they amortize mortgage loans. First, I am using a standard type mortgage and not an option arm or other hybrid type loan… On your Truth In Lending statement they have the Finance Charge in a big square box. The amount in that box is the total finance charge paid over the length of the loan. That amount actually reflects the true interest charge you are paying.
So a 250k mortgage loan @ 6.75% interest rate – amortized for 30yrs. A 30yr loan equals 360-payments… setting aside the escrows because those are not reflecting in the finance charge…
Total Payment for loan above equals = 1,625.50
Of that payment – 1,406.25 is interest and 215.25 is principle.
So, keep in mind – the borrowers agreed to a 6.75% interest rate… However, the above is certainly NOT a 6.75% rate – that isn’t too hard to figure out… but let’s extend the ordeal out to 5yrs…
That family actually paid 116,748.00 of that 97,707.53 was interest and 19,040.47 was principle….
But wait a minute – what happened to the 6.75% interest rate? Do you see it now..?
They were charged 97,707.53 in interest which equates to a WHOPPING 10.69% and NOT 6.75%
The TIL clearly states they will be charged a total of 333,740.00 divide by 360 months (length of loan) and you get an average of 927.06 per month interest charge…
So they paid 97,707.53 of interest for 5yrs – but per the TIL they should only have paid 55,623.60
This is called “unearned interest” or “un-accrued interest” charges… They are permitted to charge this but they are NOT permitted to keep it when folks REFI or fall into default. Per the statutes I’ve quoted here – they are required by fed statute to REFUND those amounts.
In the banking world – this is referred to as “FREE CREDIT”… Meaning the bank simply slides those funds into an escrow account THEN if no one barks about it – they KEEP IT… Whenever a family refinanced their loan – the NEW lender was supposed to BRING-FORWARD those finance charges and DISCOUNT the loan accordingly OR pay the family in cash or cashiers check… How many people ever received those refunds…? I don’t know of a single person…
Now get this part – if I’m right (and I might not be) – it means those families are entitled to rescission rights… because it states… failure to comply SHALL BE DEEMED A FAILURE TO DELIVER THE MATERIAL DISCLOSURES…
§ 1639. Requirements for certain mortgages
(j) Consequence of failure to comply
Any mortgage that contains a provision prohibited by this section shall be deemed a failure to deliver the material disclosures required under this subchapter, for the purpose of section 1635 of this title.
I don’t want to get folks all excited about TILA rescission – but if it applies – GO FOR IT… If I am wrong about this PLEASE someone tell me so I do NOT promote wrong thinking. We have enough stress and deception in our lives. I do NOT want to contribute to wrong thinking…
average of 927.06 per month interest charge… So they paid 97,707.53 of interest for 5yrs –
i dont think i like your math–rule of 78s was to be disclosed–the APR is supposed to stop that–i think–i havent run a discounted cash flow on the numbers you use—–but there cant be any averaging of interest rates to figure this out–and cant look at a period in the loan life to infer rate——i do understand the negative amort—accrual of earned but not recvd–the investor group had this
Thank you dc,
You were correct we did have that type loan. Thanks for explaining. j
Sorry… Yes Ivent… NRA. 🙂 Your Catching on Fast Now!
Do you mean the NRA shadowcat…..?
Deny all of their claims….make them show proof of their claims.
SC views the rule of law as a playground. I don’t comply, cooperate or conform with bullies. She has no facts to back up her claims so she plays games. She acts like a loser by bullying the innocent. She reveals who she really is.
Hi dcbreidenbach,
That is exactly what I’ve been told what happens in our courts. As you said, “…Were you in default on payments under the loan?” “If the homeowner answers this in the affirmative —she has arguably admitted that the claimant not only has the original note—but is entitled to enforce it—-ie waived the right to argue standing—waived the right to argue that the note is forged a copy or obtained by claimant via negotiation prior to bringing the action…”
Going into the courtroom under foreclosure i.e. deadbeat label – puts everything into a different perspective and different posture of the court.
Yet, how can they declare a default for a debt they did not own? If I steal a car in Georgia – then re-title it in Maryland – is it no-longer stolen?
If the Note is enforceable to the holder, who is the holder? If I ask to see the Note in court and they hand it to me, am I then the Holder? Sound’s ridiculous but is it? The law firm attempting to foreclose and claiming their client is holder – how can their client be holder, if they never held it?
If a Note that was exchanged for a Bond or Stock can be foreclosed, then anyone owning stocks or bonds for Sears can go into Sears and take inventory FREE & CLEAR…
Why can’t we submit our own assignments in land records?
Why can’t we REVOKE the power of attorney within our loans?
What is there no document explaining the fact that a Note is nothing more than a blank check – once it is cashed – it can never be “re-cashed”. That is exactly what they are attempting to do. Take a COPY of a cancelled check to court and demand payment. Their decision to securitize nullifies and voids their security. That was their decision and their risk – not the borrowers’…
I have a lawsuit where the Investors are suing because the plainly state – where the notes were not legally transferred into the trusts – they are prohibited from foreclosing – where the mortgages – deed of trusts were not legally transferred to the trust – they are prohibited from foreclosing – and consequently are left with NO RECOURSE to recover their losses… it is black & white…
Why can’t homeowners FORCE the courts to hear these same arguments…?
@DAVID
You made a lot of interesting points and raised several important questions–of course baseline is that every state differs–every trust differs—most particularly the fly by nites that did not file loan schedules.
and i can only guess and try to insret into my framework right wrong or indifferent–
who is holder? there are UCC code sections—notably 3-301—and it is hard to grasp—-holder is entitled to enforce—holder means guy with physical possession of the original note, that also allows the holder to contract with party B to warehouse the documents—the PSAs basically provide the mechanics
the PSA I understand as much as any is American Home Mortgage 2004-4——there the “servicing agreement ” allows the servicer to charge for other persons to ask for and obtain copies of the mortgage loan file” clearly suggests from day 1 that the servicer is the agent-holder. The legal holder is supposed to be Bank of New York there.
So the servicer–or in case of 2004-4 the party with collection rights was at least allowed to hang onto the files
this contradicts facially the terms of the indenture and other securitization docs which appoint Deutsche to review the files, hold them as agent of the trustee and maintain a log of every document in the loan file—-by tracking the file—they can sign it out to do things with the note—to mark it etc—-they are supposed to verify that adequate consideration is paid for the notebefore allowing its surrender to the maker
–to me this looks like it is intended to create a sense that Deutsche is acting as a check on the servicer–that Deutsche does not want to permit self-dealing by the servicer–handing out notes for collection–selling them–whatever
But then we encounter the servicer fee schedule–and that
suggests that Deutsche simply turned around and entered into a custodial or agent arrangement with the serrvicer which effectively wipes out the checks and balances
However in this particular case–the originator and servicer group American Home went bankrupt like many others.in 2007.the collection rights were sold to new AHMSI–renamed Homeward recently–then acquired somehow recently by OCWEN
There was a court battle in BK ct—bankrupt debtor in possession American Home sought permission to destroy the records it held in its inventoried warehouse
14 bank trustees aor servicers as agents on their behalf under the servicing agreements [collection rights] filed oppositions and eventually submitted information to satisfy the BK Ct that the files rightfully belonged to the trus and/or servicer.
One trust was not represented–AHM 2004-4
now at this point it seems like the 13 trustees and/or servicers were fighting for “possession” of these files and notes. These are important to prove ownership of the note to HUD etc to get insurance proceeds in event of default
HUD recognizes some servicers as reputable agents which are legally authorized to make a claim on a default note on behalf of named trusts. This in my view is HUD exercising a type of standing test. Oddly certain servicers were not authorized for some reason–among them AHMSI—who sued HUD
see AHMSI v HUD txs District Ct
Seemingly AHMSI should meet similar evidentiary rules to get paid by HUD –as regular citizens—but regular citizens apprarntly are expected to turn over their homes to AHMSIAlthough HUD does not–but that may be because of the locale–i dont know
so question would be is AHMSI an agent in possession of the original note and therefore holder on behalf of the bank trustee BNY? Or has AHMSI obtained possession by slipping files out of the warehouse w/o authority of bk ct–or trustee
But AHMSI purportedly is able to obtain notes from this batch
Is BNY holder that has lost the notes? What is AHMSI’s role?
Is AHMSI- in possession with agency authority
Is AHMSI an unauthorized holder??
Is AHMSI the equivalent of a thief if the holder does not transfer the instrument possession for purposes of collection?
This is where holder gets sticky for me—AHMSI not holder nor thief—simply in possession of an indorsed instrument—looking to collect
Can BNY here simply abandon the interest to AHMSI–to clear BNY’s books–not worth dealing with?
USS allows even a thief to be a holder –see explanation—this is giving full recognition of the merger doctrine—under UCC a thief can be a holder and the maker is supposed to add the actual holder as a defendant to put him on notice of the theft–or risk owing the trustee if the servicer converts the property to its own use–ie pockets the money
now we have the court able to enforce the note on behalf of a thief in pursuit of speedy commerce—but the Ohio Supreme Court just demonstrated that the thief is supposed to outline how he did it to prove he is holder–or owner
the dichotomy is still there —-as to standing today in ohio–can a thief invoke jurisdiction of the courts? Typically standing refers to “owner” –wheras the statute lays liability on the maker if he pays the thief knowingly—-the more you know the worse off you are—under UCC
Maker dare not pay a thief knowingly–
Maker dare not pay a person not in possession—including a pretender offering up a copy—
Maker must force the holder to prove his interest in the note–or risk paying twice–
However, in equity the court cannot reward the thief–so the court should have to allow the equitable law to overrule the UCC—so ironically a court should issue an order rewarding the thief in possession—on the note–but deny the part of reief requested that demands seizure of the home.
Now this is more than rationale humans should have to endure–so the court really should allow only the OWNER of the note–ie BNY—to have standing even if the servicr can physically present the note–but cannot demonstrate a written right to enforce—so look for “owner” of note vs “holder”———–or else chain of custody to establish it is the note–same as money–no chain of title–or should
Hows This? ………….
See Collection Tranche.
Pay Your Property Taxes
This Will Not Apply to Everyone
Every Situation is Different
Watch the N.A.s after the election!!!!
@SC
What do you expect NAs to do? Make money? –speed up foreclosures—-create LLCs to separate themselves fro liability at retail level—-no reason to be coy—or is this a big secret that only 2 of you know?
why play games? its not intellectually honest
shadowcat……come off the playground…..tick tick the game is locked & nobody else can play….is for grade school children & anarchists like you…..hoping to get a rise out of innocent victims. I don’t play those kind of childish games….
Any subsequent sales or transfers after loss of possession are criminal acts…….
@IVENT
“Any subsequent sales or transfers after loss of possession are criminal acts…….”
Any sales or transfers of what? in what context?
@DAVID
you said;
“Example:
A 250k mortgage amount @ 6.75% for 30-yrs – they pay on-time for 5yrs… That family would have paid 97k in interest payments alone… however, if you took the total finance charge shown in the disclosure statement (TIL) and divide that finance charge by 360 (payments) then multiply that times 60 (payments that actually made) then you come up with a total interest they SHOULD BE CHARGED for those 60-months is 55k. This means that family paid 42k in “unearned” interest that MUST be credited back to the consumer – per Fed statute… ”
Im confused–why would you consider the interest to be payable in equal amounts over 30 years? Im missing something?
As to the 30 kids question: possibly you have received a 1099 for accrued but unpaid interest on a 4 option arm–where you were allowed to pay less than minimum interest accruing–aka negative amortization—that would be max 5 years —-was it 30 k the 1099?
they send out the 1099 at the time they are preparing the amount to claim as a deficincy—-how much you really owe on the note—you could theoretically deduct it if the house was worth the amount owed when seized—–gets tangled—–they will send you the 1099 for interest accrued but unpaid–then another 1099 for debt forgiven which should include the accrued unpaid interest—of course the servicer is sending out the 1099 on interest pain–whereas the trustee must do the forgiving–so actually unless you recovered the note —you still owe it so you may not get the forgiveness 1099——if not ??? and you are not in a no deficiency state—they will be coming after you on the amount you thought forgiven—which actually has been sold as a collection
Dum ….Duh…Dum…Dum…. Rickity Rack.. Yackity Yack …. But the Clock stil says Tick…Tock……Toc…Toc…Toc…Toc…
@SC That tick tock stuff is not very helpful
I am a sovereign American citizen………I have no knowledge of and own owe no allegiance to a fraudulently induced Global Government…I refuse to comply, conform or cooperate with any such fraud….
3 FELONIES = LIFE IN PRISON…..!
LOSS OF POSSESSION IS FATAL…..COVERING THAT UP IS INTENT TO DECEIVE……THAT IS CRIMINAL……
CHECK YOUR STATE PROPERTY CONVEYANCES ACT….ILLINOIS REQUIRES RECORDATION OF THE FINANCIAL TRANSACTION…..THE LEGAL TRANSFER……BY RECORDATION OF THE LEGAL ASSIGNMENT……ANY ALTERATION OF A MORTGAGE AFTER EXECUTION WITHOUT AUTHORITY CONSTITUTES FORGERY….FORGERY & HAVING POSSESSION OF A FORGED INSTRUMENT WITH INTENT TO PASS IT ARE DISTINCT FELONIES…..THAT CREATES LOSS OF POSSESSION & ENTERING THESE DOCUMENTS UPON THE COURT FOR UNJUST ENRICHMENT IS THE FELONY OF……UTTERING ….
CORRECT TYPO…..UCC 3-305 DISCLOSE THE SOURCE OF THE MONEY……
UCC CODE 3-301…….for one…….PROVE STATUS OF HOLDER…..OR UCC 3-309 PROVE POSSESSION AT THE ONSET OF THE SUIT….UCC 3-203- (a)……(d)….PROVE TRANSFER BY DELIVERY……NEGOTIATION….UCC 3-201 PROVE TRANSFER OF POSSESSION……UCC 3-305……DISCLOSE THE SOUCE OF THE MONEY……OR THERE IS..ILLEGALITY & FALSE REPRESENTATION IN THE TRANSACTION…..PROVE RIGHT TO ENFORCE NOTE UCC 3-309(a)(2)….. JACKSON V BLODGET…..JACKSON V WILLARD……CARPENTER V LONGAN …..LANDMARK NATIONAL BANK V KESSLER…….BAYVIEW V NELSON…
RE: johngault, on November 1, 2012 at 12:05 pm said:
@Ivent – Okay. I’ll be happy to read the law which governs the issue discussed and since you’ve referenced it, you can save me a whole lot of work if you’d be so kind by either linking it or reciting it. thanks.
I am opting for a completely non traditional feast this year. That old bird is boring, dull & makes me want to fall asleep…& Its just too much clean up…..Maybe we will char a beast on the grill….if weather permits….if not, I will roast a beast in my oven….personally….the homemade desserts are my favorite part.
@Ivent – Okay. I’ll be happy to read the law which governs the issue discussed and since you’ve referenced it, you can save me a whole lot of work if you’d be so kind by either linking it or reciting it. thanks.
No! And I Really Wasn’t! Honest to Gods Truth! Banksters Drag Good Peoples Names thru the Mud and Defame Them! Criminally Slander Their Title, Commit Fraud Upon the Court! Etc…. Etc….Etc…. .. Not Once .. Not Twice… But Three Times! They Should Have Played By the Rules! Are You Having Roasted Turkey for Thanksgiving?
Exactly, Poppy…a “debt” created from thin air which has nothing to do with you.
The crushing question by court or opposing counsel is: “Were you in default on payments under the loan?”
If the homeowner answers this in the affirmative —she has arguably admitted that the claimant not only has the original note—but is entitled to enforce it—-ie waived the right to argue standing—waived the right to argue that the note is forged a copy or obtained by claimant via negotiation prior to bringing the action—a slew of things that opposition will leap on –especially if the matter is “on the record” —-which it probably will be because the collection agency attys constantly seek unknowing waivers and admissions from pro se especially—author hit a good one here—
this is the way that Ohio attys for collectors can cicumvent Schwartzwald——-on the 2nd filing —how ironic—get tossed out in about 10 seconds with 1st question —even though caselaw is good–yes Schwartzwald is such a good case—for homeowners—so bad for collectors re now they have to actually prove their right to be there—that the only way out for them if there is a lost note [aside from affidavit and bond] is this sort of trickery—which a court could easily stumble into out of shere frustration—-many judicial state defense attys should be looking hard at schwartzwald—great persuasive [but not controlling] precedent outside ohio
so if i were bank counsel–id try to prime court to ask the very question in context of hearing to reopen the old case and set aside the judgment—-so homeowner counsel asking court for relief –set aside judgment and court easily could ask virtually as an offhand rhetorical question:–why make us go through all this all over again —collector is just going to refile and youll be back here in 6 months –this is just a delay tactic — did you default on this loan or not? —–if the homeowner is not very careful–it could all be over with one word…pay clse attn to author here
The only comment I have from carie-ANON…it is evidence of “A” debt…not necessarily mine!
That’s why the GSES hijacked the Treasury via Obama and by the deceptive practice of NATIONALIZATION……they are RESOCIALIZING THE FEDS INSOLVENT DEBT UPON THE U.S. TAXPAYERS & FORCING THE FEDS INSOLVENT DEBT UPON THE U.S.TAXPAYERS THEY ARE CREATING COMPLETE COMMUNISM…
Is there an easy way to identify these “trick questions”? I have a hear on my Motion to Dismiss in January and I really don’t want to get trapped out of ignorance.
You can’t own or purchase something when you are a knowing party to criminal fraud….that makes you a criminal.
Trick questions are sorcerers weapons ….these questions are mere theories built on legends that need to get buried with the legend of Hiram Abiff.
@iwantmynvp
(from ANON)
“…Those “refinances” can be traced back to Freddie/Fannie CHARGE-OFFS— where COLLECTION RIGHTS were sold, and purchased by stated Mortgagee and/or Servicer — with INSURANCE FUNDS.
Those refinances are NOT secured loans.
They are only reaffirmation of the debt collection rights.
I am even finding this in PURCHASE of home — whereby the new purchaser took on the default debt (false or otherwise) of the prior owner (without knowing that this was the case). We are finding that this is HUGE. No one is discussing because no one is aware.
Freddie/Fannie have all records, but refuse to divulge. This is why people are dealing with debt buyers.
With each refinance, only servicing to the COLLECTION RIGHTS changed…”
Servicer only acquires collection rights on behalf of the (undivulged) investor/current creditor – servicer is not the creditor.
A servicer cannot acquire any interest when they are acting as a servicer for another…any refinance that was conducted under the guise of a mortgage refinance when, in fact, in was just a modification of a (false) prior default, with the prior mortgage never validly discharged, is not a “mortgage refinance” at all.
And, therefore, the note fails to fall under the UCC as no negotiable note actually exists. This was the root cause that exploded the financial crisis. Notes were not notes at all — and foreign investors knew it — but, US has refused to investigate.
It is why investor lawsuits are settling, but homeowners got nothing more than a bogus 49 state Attorney General settlement — all without investigation. (Settlements do not divulge the fraud).
Yes, correct, the role that servicers actually occupy is — concealed. Servicers will not disclose WHO they are actually servicing for and this is from the onset of the fictitious refinance to the fraudulent foreclosure in question.
Deregulation has allowed servicers to publicly withhold any information that discloses the actual creditor.
In fact, disclosure would disclose that the note in question is not a valid UCC instrument but, actually, a modification of the PRIOR mortgage/note.
Courts run scared. All they need to hear is the name of bank and they accept this falsity.
It does not matter what false capacity that bank is appearing in — including as trustee to a fraudulent trust that holds false and invalid mortgage loans, notes (and UCC instruments). .
The Court hears “bank” in name, especially with “NA” attached, and they believe it is valid. This is simply not so.
Court does not given the opportunity to hear the evidence that the subprime refinance was orchestrated under fraud, and that no valid UCC instrument exists, and that the “Bank”, “NA”, and/or servicer, is NOT the creditor.
Further, under federal law, which preempts state law when there is conflict, the CURRENT creditor must be identified.
Servicers are not the creditor if assignment is executed for the ministerial purpose of administering a foreclosure action. No legal rights transferred under this scenario.
Time for attorneys to wake up. Start digging at records, and pursue records disclosure under the Freedom of Information Act as to the GSEs.
This may take a federal action to enforce. But, would clearly win on this as it involves the borrowers’ right to the those records.
When Neil finally understands that this is about homeowner victims, and not “investors”, we may finally get somewhere.
Until Neil realizes this, we will remain without media help. Neil’s allegiance is not on the same page.
And, any help to homeowners is bogus — unless the truth is told.
Help without the truth is simply a continuation of the fraud. Modify???
Not without disclosure of ALL records. To do so without disclosure – is to continue the fraud.
Fraud upon the court. No Statute of Limitations…”
The FED INVESTORS are throwing sucker punches….that’s what losers do.
These transfers are fraudulent conveyances & fraudulent reconveyances back to the FED…..WHO ARE NOT OWED ANY MONEY BECAUSE OF THE ORIGINATION FRAUD…..
I will show you one dismissed with prejudice in about 3 weeks.
John Gault, trust cannot accept a defaulted mortgage, by assignemnt or otherwise. Too bad the mortgages and Notes are not in the Trust, and were never intended to be. The Master Servicer holds the keys!
Moreover, if the Trust alleges conveyance of Notes and Mortgages a the Cut-Off / Closing Date, what exactly is it they are assigning, direct from the originator (no depositor anymore) to the Trustee.
The Trustee, (not in its corporate capacity) “sound like Fannie and Freddie Master Trusts”, is being assgined something of no value, which it could not place into any Trust, and does not intend to do anything opther than push the actiopn through the court systems, simpy, be lobbying to change the rules at the Federal Level.
Watch the N.A.s after the election!!!!
See Collection Tranche.
Read the law johngault……..you can’t create a legal trust agreement later….that is why they failed. The legal trust agreement IS the delivery & confirmation receipt. IT IS ILLEGAL TO POSTDATE A CHECK……..Setting up trusts for insolvent debt is fraud without the original legal assignment…..that is the only legal transfer.
@David – re: late assgt to trust. I’m no longer sure a trust can’t accept a delinquent assgt. What makes me think that, for one thing, is a lawsuit I started to read yesterday from a fund or some such against
some banksters (and for the first time I’ve seen – hallelujah – it was alleged loans didn’t make it into the trust, not just that the loans were junk). I don’t know trust law, but it might be that a trust may accept a late assgt, but by accepting a late assgt (past the cut-off date), a trust will be subject to certain facts, like losing its tax status or ?
But I think I also read that a party has to actually accept something like a note or its collateral. If that’s true, is there evidence the trust has accepted the assgt? The law generally says an assgt is binding on the parties thereto, and that’s true enough UNless the transferee rejects delivery / acceptance. A trust that would lose its tax status, say, wouldn’t be likely to accept a late assgt, I would think. So maybe the argument is there is no evidence the trust has accepted the late assgt and probably wouldn’t because it’s patently against its interests to do so. But “probably wouldn’t” may not be good enough for a court. It might be good enough, however, to raise a reasonable question if one puts the trust law in the court’s face which demonstrates the effect of a trust accepting a late asset (IF these trusts may). But if a trust, as I’ve thought previously, simply cannot add or amend assets after a cut-off date, then that’s the law for the court which might do some good. What a mess. Courts are being called on to adjudicate law they know nothing about or in some cases, if they do, they ignore. What really torks me is the banksters counted on this from the minute of the MERS Consent Order if not before. But the fact the courts don’t understand and don’t if not can’t apply trust law certainly seems to interfere with the constitutionally-guaranteed due process of the homeowner. The only thing I can think of to do about it just now generally is to start sticking trust law in judges’ faces. I think judges like Schaack in NY have made it a point to understand that law and that’s one of the reasons they rule as they do. I think they’re also on to the MERS bull.
Well enraged……There is no legal basis for that ruling by any judge if there were never any legal facts admitted by the Plaintiff …….That ruling is PROOF of criminal legal bias by the judge……..They should recuse themselves from the bench & turn in their law licenses……immediately …
The theory of conventional subrogation has no legal legs…it is a long legged theory like the long legged theory in the white house. It has no basis in law.
somebody made one of those sweeping statements yesterday to the effect that “judges have been given orders not to dismiss [bank cases] with prejudice”.
This link I posted earlier, which recaps hundreds of cases state by state proves otherwise.
http://www.msfraud.org/law/lounge/Standing.html
Halloweens over shadowcat…….and so are the charades. You can’t use theories to steal……that is intent to deceive & that is criminal. I may be an American reject but I am not an American idiot….or a lying loser like you.
LOL… Coming from Someone about to Lose Her Home! I’ve just laughed off another meal today! You Gals gotta Stop This! My Ribs Hurt!
Shhhhhhhhh…..that’s what they don’t want you to know……they will kick your rejected ass out of their program.
Rules & Regulations are not legally enforceable …….
1 divided by one is still one and so on……
Ng – excellent point and I hope your message reaches people for whom it will do some good.
Bk rules provide for stiff penalites for filing a false claim. But what exactly is a false claim? There are guidelines for what makes a claim prima facie or not , but what about “false”? If a bankster filed a poc alleging its claim is secured when (at best) it’s unsecured, is that a false claim? We care because we have to expend time and energy and resources to shut down such a claim and if we don’t, one without the claim purported is going to make off with our property . For a court to simply disallow the claim doesn’t address this fact, nor does a court when it dismisses without prejudice in another forum, like DC. If we identify remedies available to homeowners and inject them into cases, we might start giving these banksters pause when they’re coming after us with false claims. But to do that, we have to know first what actually constitutes a “false claim” (in any venue). And what consideration does the law give to an allegtion the false claim was filed in good faith?
I believe sanctions are available under rule 105, and:
“While the filing of any of these documents must conform to the requirements of Rule 11, the submission of a proof of claim carries the
additional burden of satisfying the false claim prohibition of 18 U.S.C. Section 152 and 3571. The prohibition applies both to the claimant and the ATTORNEY for the claimant. …
Section 1523 provides that any person who “knowingly and fraudulently presents any false claim ….in a personal capacity or as or through an agent, proxy, or ATTORNEY… shall be fined…or imprisoned not more than five years, or both …28 USC Section 152(4).
Section 3571 provides that individuals may be fined up to $250,000.00, and organizations may be fined up to $500,000.00 for violations of Section 152, and perhaps double monetary amount of the gain or losses sustained in certain circumstances. See 28 U.S.C. Section 3571 (b,c, and d)….
While preparation of a proof of claim is not an art form, it also is not
the equivalent of entering a raffle or a prize drawing…..”
Congress made it a crime to file a false proof of claim.”
So, again, what exactly is a “false claim”? Is it a claim like the original claim addressed and rejected by the Ohio SC in your post yesterday or defined as ?? State laws imo also provide some remedies for parties who are subjected to false complaints. NRS 42.005:
Except as otherwise provided in NRS 42.007, in an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice, express or implied, the plaintiff, in addition to the compensatory damages, may recover damages for the sake of example and by way of punishing the defendant…..”
This is found in “Chapter 42 – Damages”. Every one might want to search his state statutes for a statute like this. NG, you could help if you want by identifying a “false claim” as well as discussing the other provision of this statute and others like it. Just a suggestion.
Re: 42.005, one is certainly “oppressed” by one with no rights threatenting him with the loss of his home.
What I’m trying to say is that we have to start showing them WE mean business if they come after us with either unsupported or false claims because until we do, they’ll just keep at it, knowing their loss will be limited to their own network-rate attorney fees (which they’ll gamble on the likelihood of inadequate defense to their claim).
I have a question
Why would Downey Savings and Loan state
to the IRS that we paid 136k in intrest
payments to them when we had not made any
JG,
I detect discouragement in your post and I don’t agree with it. Historically and geographically, standing has been an ever-evolving argument. Standing was, if I recall, the first argument originally invoked by homeowners facing foreclosure and many homeowners lost in most states. In the past couple of years, however, states have ruled on MERS (and recall that MERS was the biggest hurdle since it allegedly conferred standing by transfer or assignment of the note).
Once MERS was dealt with, the playing field became much clearer. Recall also that directions were issued by Merscorp about 2 years ago to stop, pretty much nationwide, foreclosing in MERS’ name.
In the states where MERS standing has been disavowed, the issue of “who does, then, have standing?” has resurfaced. Likewise in those where “MERS not being a payee, it cannot transfer the note”. It is a state-by-state issue and it is regularly argued, but with increasing success to homeowners’ advantage, nationwide.
Look at the recent case law posted by msfraud and you’ll see undeniable progress. As I keep saying, this mess wasn’t created overnight. It was, at least, 30 years in the making. We ought to give it that long for it to be cleared up.
That link gives you a whole list of recent cases won on standing and also goes state by state. That should perk you up a little.
http://www.msfraud.org/law/lounge/Standing.html
below link: http://www.youtube.com/watch?v=u0DaOADmPzo
Hey David
I certainly will check those numbers, fell through the cracks on that part. Appreciate the information.
I am also getting ready to challenge the recordation of the deed. The deed is incorrect, as I see it. New Century was not my lender, it was an originator. Those documents are false. New Century “borrowed” money for others’. They defaulted on those loans in late 2006 – early 2007, I did not.
Under contract law, they are responsible for repayment, as evidenced by the Amended Repurchase Agreements. If I am correct, which has yet to be ruled on; there is no mortgage due from me, given the loans were not pooled and securitized. (questions abound about funding in general) They took the money and then filed Chapter 11, while under a Grand Jury investigation and never paid their loans, to the rightful Lender. Where they have not tied me that obligation? At least not yet…we’ll see.
Neil:
Wonderful details. May I add that you may be able to argue these points only in state courts. But, Fed-courts usually don’t hold hearings at all and dump homeowners claims, motions, and cases without notice.
Look at this corruption report of a fed-judge who supposedly has a good reputation:
Judge DAVID O. CARTER’s Conflict of Interest – Sidharth VELAMOOR: //www.youtube.com/watch?v=u0DaOADmPzo
Shall we decipher the meaning of the word notaries……we have the word note….there aren’t any….. the letter -a- and ries….the Spanish translation would be laugh or funny…….& being that U.S. PROPERTY LAW goes all the way back to the Magna Carta….I tend to believe the Spanish translation…..not the Latin one……..notes-a-laugh…..MWAHAHA…!
Hi Poppy,
To clarify my point – our local judge may accept the assignments as legal. Our land record offices may even accept the transfers – however, it is not within the legal scope of our local courts or land record offices to assign and/or impute legal authority where it was already illegal. I apologize for explaining this correctly or more clearly. I’m not sure how this works – but if we filed a complaint aimed directly at the illegal recordation – it “should” present a serious issue for the foreclosure mill. The assignment by the Trustee to the foreclosure mill is fraudulent because the Trust did or does not own the note. Courts are accepting late assignments as long as the assignments were done prior to foreclosure. However, this is usurping authority because the assignment is a fraud. Neither the Trust or the Trustee have any power to accept the assignment after the closing date of the Trust and they cannot accept a defective Note. That issue is not within the realm of our local courts to decide.
On to my other Point Poppy,
I have gone over multiple Truth In Lending disclosures for folks and continually find that the amounts professed to be in default are based upon the FULL mortgage payment multiplied by the days in arrears. This is incorrect and serious inaccurate. The 10-15 yrs of our mortgage payments are credited mostly towards paying back the principle. However, these lenders are required to recalculate and “bring-forward” those amounts when we refinance or even in default. So, it works like this…
Example:
A 250k mortgage amount @ 6.75% for 30-yrs – they pay on-time for 5yrs… That family would have paid 97k in interest payments alone… however, if you took the total finance charge shown in the disclosure statement (TIL) and divide that finance charge by 360 (payments) then multiply that times 60 (payments that actually made) then you come up with a total interest they SHOULD BE CHARGED for those 60-months is 55k. This means that family paid 42k in “unearned” interest that MUST be credited back to the consumer – per Fed statute…
TITLE 15—COMMERCE AND TRADE
§ 1615. Prohibition on use of ‘‘Rule of 78’s’’ in connection with mortgage refinancings and other consumer loans
(a) Prompt refund of unearned interest required
(1) In general
If a consumer prepays in full the financed amount under any consumer credit transaction, the creditor shall promptly refund any unearned portion of the interest charge to the consumer.
§ 1639. Requirements for certain mortgages
(d) Limitations after default
A mortgage referred to in section 1602(aa) of this title may not provide for an interest rate applicable after default that is higher than the interest rate that applies before default. If the date of maturity of a mortgage referred to in subsection 1 1602(aa) of this title is accelerated due to default and the consumer is entitled to a rebate of interest, that rebate shall be computed by any method that is not less favorable than the actuarial method (as that term is defined in section 1615(d) of this title).
(j) Consequence of failure to comply
Any mortgage that contains a provision prohibited by this section shall be deemed a failure to deliver the material disclosures required under this subchapter, for the purpose of section 1635 of this title.
Poppy – I bet if you run these numbers from your disclosure docs you’ll find the same thing – THEY are declaring the default amount based upon your normal mortgage payment per-diem. If so, then you have other violations FDCPA etc… Essentially, they are attempting to keep the “unearned” credit amount – which is strictly prohibited…
If I am wrong about this please let me know…
2nd TIP of the Day … Lenders and Title Companies Having Trouble Getting Notaries to do Any Work for them! Funny thing …. those Office folks refusing to Notarize for their Boss … Mr bankser Lawyer! Lovin It! *Grins*
TIP of the Day ……. Title Companies having Trouble Finding Notaries to Close Loans. Really? What a Surprise! Or Not! “Snorts”
Hey David,
You are correct on all stated. The problem is: the judges are doing it and getting away unscathed. I and several other Plaintiffs are getting ready to file a Writ of mandamus and ask for the recusal of a Delaware Judge. We have a small glimmer of hope as Mandamuses are very hard to get, but maybe it will compel this Judge to stop his biased and unethical behavior, who knows?
In my cases I have two for the same players, one at the originator, one against the servicer. Every single document is unauthenticated and I believe forged. These have been presented through the court and in evidentiary hearings, with absolutely NO verifications, authenticity challenges, etc…they are all hearsay. And there is a significant gap of 18 months (2008 paperwork) between the original case and the paperwork served on the court in 2007.
As far as the appeal, the judge was wrong in his ruling and as Neil said: it turned into an evidentiary hearing, not a preliminary hearing on the merits of the complaint and response.
I agree that the judges are ruling outside their jurisdiction, but how does one stop them? We have tried all kinds of Motions (denied), injunctions (denied), voluntary recusal (denied), Justice department Complaints, appeals and no rulings have come down yet.
The entire thing is against every rule of law that exists. And in my particular case, the Supreme Court has ruled on some of the issues and the Judge has completely ignored them.
I have observed the judges are very careful about what they ask defendents. They don’t want to incriminate themselves in any way. They do not want to be forced to bear witness to fraud & treason because then they are a party to it. Just tell the judge you want proof the Plaintiff paid their debt to the Treasury, otherwise, they are IMPOSTERS.
Hi Poppy,
Your courts sound like ours… The only that matters to them is someone borrowed from somebody and “we” have to pay it back – regardless if the entire scenario is a sham and illegal…?
My question again comes back to this –
If the securitization research proves the Note was never transferred or “legally” transferred:
Do our local Judges have any authority/jurisdiction to accept the foreclosure mill’s claim?
It is my understanding/belief that since the Trust is governed by NY Trust laws and Delaware Corporate laws (in most cases), then it is not within their legal ability to give the foreclosure mill standing.
Even if the local judge accepts the assignment as legal – that does not impute legal standing because that decision is not within the powers of a local judge. The local judge is prohibited from making that decision because the laws governing these particular transfers is strictly governed by other laws “not” within our state. The judge is usurping his/her authority by accepting the recordation as true when in fact it is a fraud. The issue is then that a fraudulent filing was committed in the county land records.
Our local judges do not have authority to change these contracts (PSA, etc) of the Trusts. Which is exactly what they are doing when they allow these foreclosures to proceed. If so, then many of the lawsuits filed by investors are moot because our local judges are declaring the transfers legal, when it is a fact that they are not.
If the transfer was impossible, then the Trust has no authority or legal standing to foreclose. If the Trust has no authority to foreclose – ironically, it also has no authority to accept payment. If the Trust does not have authority to state a claim – then obviously the Servicer hired to perform a duty for that Trust is strictly limited to those Notes the Trust “legally” owns. Therefore, the foreclosure mill, Servicer, and Trust, are ALL committing fraud upon the court. If the judge allows it – then even that judge is guilty of violating their code of ethics. The Judge’s Cannon should be quoted to put the judge on notice but this obviously is a double edged sword.
Poppy – I would also suggest something else that may help on your appeal. I’ll post another comment on that…
@ louise
In NC you can use your house, if you still have it. You can petition the court and the opposing attorney for the house value as your bond. I do not know what it is like in other states, but I know you can circumvent that ruling.
Well, I amending my complaints…I have no default, there is no way to be sure that is my signature, without an expert examination, I did not sign a contract with this Defendant and I have no knowledge of any loan documents generated, relating to this party. And so on…procedure is my flaw. I have plenty of case law, rules of procedure, etc…but have no experience in procedure or courtroom protocols. Nor, do I lie without conscience, impunity and this needs to be rethought.
I believe many of these cases will be won for the homeowner on appeal. The unfortunate part of this is that there is a bond for differing amounts but usually for $10,000 or $20,000 that must be posted by the homeowner allegedly to protect the defendant bank for their losses. It seems to me that a bond assumes that the homeowner owes the debt when that is not the case. These bonds are usually in Equity Court because of the foreclosure lawsuit. This bond puts the homeowner behind the eight ball. It needs to be fixed.
If you are fighting fraudclosure pro se, the proper legal jargon tends to escape you. I would just be honest with the judge & tell him, I have already denied all Plaintiff claims and any knowledge of Plaintiffs in all of my responses to Plaintiff’s so far. I have asked them to show proof of their legal standing. If the judge asks why do you need proof……? I would say, because that is my legal right to know who these entities are …….. from what I have seen so far, these entities appear to be IMPOSTERS…..
Exactly Neil,
I am on appeal for this exact reason. My case: Plaintiff…brought the action. The judge allowed the Defense to speak first and turned it into an evidentiary hearing, in seconds. Over my objections the judge allowed this to continue and further the Defense attorney showed up at my home at 6:00 p.m. less than 48 hours before the hearing with an envelope of papers for that hearing, then the next day a Fed-Ex package came less than 24 hours before the hearing from the Defense counsel in Charlotte, NC with more papers…Civil Rules of Procedure require at least 48 hours…the judge did nothing and allowed the charade to continue. When the attorney was finished the judge turned to me and said: if you don’t like my decision, then appeal it”! Oh, the judge can bet we are appealing. The judge dismissed my Lis Pendens, complaint and would not allow anything into evidence. The dismissal was on 12(b)(6) failure to state a claim on which relief can be granted, NC Rules. Well, it is clear, the Defense attorneys are the ones who “failed to state a claim for which relief can be granted”. And if the appeal is lost we file another claim for which relief can be granted. We will continue in the courts, to the Supreme Court if necessary…the judges are not getting away with this breach of the Rule of Law…if I can do anything to stop them.
thank you Neil