Editor’s Comment: Danielle Kelley is an excellent attorney in Tallahassee. Her article for Tallahassee.com highlights the myths that have led the courts and the legislature in the wrong direction. The principal takeaway is the indifference by government to the hardship and heartache of losing a home when they did nothing wrong (except believe what a bank representative told them from a script that was designed to get the homeowner in so deep they couldn’t get out.)
There is no “fresh start” in foreclosure. The homeowners and their families have usually been wiped out by unfortunately draining their savings and retirement funds to save the house only to find out that they failed to stop the foreclosure despite assurances to the contrary from the bank. The bank representatives are telling people to stop making payments in order to be considered for modification or any other form of relief. It’s a lie. And even where there are regulations in place making reference to being in delinquency, in many cases the only delinquency is caused by the bank who tells homeowners to stop paying their monthly mortgage payments.
While Wall Street and government attempt to mythologize the current mortgage crisis and there is a virtual blackout on foreclosure stories in mainstream media, people are suffering because of foreclosures and evictions where the loan was paid several times over but there is an insistence that the borrower not be credited with these payments. Hence the creditors get paid multiple times, the borrower gets nothing, the investors frequently receive nothing and like the old story, the dog runs away with the bone (dog=bank).
Quick foreclosure is not a solution
By Danielle Kelley, Esq.
I am in foreclosure. Although I am not proud of that, I know my foreclosure is not my fault.
After dealing with a horrible predatory loan on our home, we were able to get a new fixed-rate, conventional loan. From the date of closing, our payments kept increasing little by little until they were so high something seemed wrong. When we called Bank of America to inquire, we were told we needed a loan modification. Because we were current on our payments, we were not showing an “inability to pay,” so we were told to make a partial payment and then apply for the modification. We did this. Then we were told we would have to stop payment altogether in order to qualify. Our partial payment was returned to us.
While still trying to understand what Bank of America wants from us now, and actively negotiating for a loan modification, we are in foreclosure.
I am an attorney and represent homeowners who are also going through the same horror. Why am I telling you? Because I fear the passage in the Legislature of HB 87 and SB 1666.
If these bills were to pass, a homeowner’s ability to fully contest extremely complex claims against large banks and servicers would be compromised. The expedited foreclosure process these bills intend would make it impossible for homeowners to adequately prepare their claims and defenses in time to present them in court. Given what so many of us have been through — in my case, being told to stop payment on my mortgage to qualify for a loan modification that Bank of America has no intention of giving me — it is criminal for the Legislature to even consider narrowing our rights.
By the time homeowners are served with a foreclosure complaint, most have been through many modification attempts. They have been told to craft “hardship letters” saying they cannot pay, and told, most times, to stop payment during the modification. When the modification is declined, the homeowners will be able to resume payments only if they pay a lump sum of all back payments, penalties and fees, including attorney’s fees in some cases.
[Danielle J. Kelley is a native of Tallahassee and practices law in foreclosure defense and real estate. Contact her at danielle@dkelleylaw.com.]
The bank has built its case against the homeowner years before the homeowner ever gets a day in court. Moreover, many homeowners are told to contact the bank’s attorneys instead of getting their own.
I’ve seen people sitting in a courtroom about to lose their home, and the only attorney they are talking to is the bank’s attorney.
An expedited foreclosure process only harms a homeowner who comes to court against a bank that has been building a case for years.
I testified at the House Justice Appropriations Subcommittee against the bill, and Rep. Debbie Mayfield, R-Vero Beach, a former banker who sits on the subcommittee, appeared shocked to hear my story.
What is shocking to me is that legislators do not understand why we have the largest nationwide consumer settlement ever against the five largest banks. What happened to me is exactly why Attorney General Pam Bondi received $8.4 million for Florida out of the settlement, but homeowners are still left to defend against the fraud and abuse in their individual cases.
At the Senate Banking and Insurance Committee hearing on the bill, I was physically ill listening to legislators talk about homeowners “getting on with their lives” and fresh starts, as if I should just walk away from my home. It is not about “fresh starts,” it is about those who are continuing to live through this nightmare. It is not about cases and statistics, it is about homes. I left the hearing without testifying, since I knew my story would fall on deaf ears. I was pleased to learn that my senator, Bill Montford, stood up for us and voted against SB 1666. However, the bill passed out of the committee.
As a citizen in foreclosure and an attorney representing others in distress, I am as concerned as anyone about ending our foreclosure crisis and getting our economy back on track.
Placing the burden of the solution on the backs of the already burdened homeowners is not the answer. We should fully fund the courts, allow the courts to process the foreclosure cases as they have been doing and give homeowners their day in court.
There is no easy fix, but homeowners should not have to have their homes ripped away from them when they follow bank instructions. In the end, expedition will not equal justice; it will only serve to cause more tragedy not only to the homeowners, but to the judicial system.
83 thoughts on “"fresh Start" Challenge by Tallahassee Attorney”
I agree about the media blackout regarding the mortgage fraud. Except for 60 minutes and CNBC reruns about the biggest swindle of our wealth in history no one talks about it. The only two who would hold their feet to the fire, Dylan Ratigan and Eliot Spitzer are gone from the mainstream news outlets.
This coverup is no different than any other robbery by this Global Bankster Corp of cronies. They steal and cover it up.
The paymasters are the millionaire & billionaire investors in everything we pay for, Labor for and own. The oligarchs & plutocrats at the top of the pyramid scheme. They should have never been allowed to invest in anything we own, pay for or Labor for. That investing scam by these rich takers has put everyones Life, Liberty & Property in peril. Control freak weirdos all of them. This is treason at the highest levels.
Lying sacks of shit all of them. These crooks robbed us all blind…now they want to REBOOT THEIR SCAM AND STEAL IT ALL FROM US……These crooks rob & loot at will and keep giving their robbery of us catchy new names like REBOOT ILLINOIS…How about we stick our boot down your lying, criminal throats…?
This coverup is called CONTROL FRAUD…LOOK IT UP…They are all imposters and fictitious payees who want EVERYONE to be their slave…..master slave….primary slave…secondary slave…..no matter as long as all of your wealth keeps going to the same FICTITIOUS PAYMASTERS…SCUMS OF THE EARTH….WHO ARE THE PAYMASTERS…? THEY ARE THE REAL CROOKS…
@Pat1
It’s a fake “recovery”—when you simply “re-boot” fraud, it does not equal “recovery”.
My area is recovering for now but I see so many who are now three years past foreclosure ready to buy but still suffering for the shame and stress of what they have been through.
Today I happened to look at the picutres of the home I lost and the sadness cuts so deep I lost everything except the fight to support this fight for all who are behind me in this mess!
There needs to be an investigation into what went on with these PROPERTY INDEX NUMBERS. There is a lot more to this fc story than meets the eye. It seems to me the mbs’s were also a coverup for a much more heinous crime. There is no other explanation as to how BOFA could foreclose on someone who never had a mortgage. That should have had alarm bells ringing all throughout the State Department. This crime and coverup is even more massive than anyone knows. No proof of Standing is a crime. No Security to our property is not only criminal, it is perilous. Anyone can say they own your property if Proof of Standing is not being upheld in court. Now, if the PIN #s are compromised, that is just an outrage. Dirty deals by tricky dickey. However, they have no receipts for any land for credit swaps and that dirty deal was done without our knowledge or consent. All of these scammers need to be thrown in prison. FEE SIMPLE DEEDS ARE A HOAX.
They can’t prove loss without discovery. A judge stated they were told by the Supreme Court to accept anything from the banks. The judge said the Supreme Court is the last word.
Marbury v Madison & Legal theory…the Supreme Courts job is to interpret the law.
This is the type of judicial supremecy that was not suppose to occur said Hamilton in Federalist #78….supposing theories that give superiority to the legislative power.
The text of Federalist NO 78 by Hamilton counterbalanced the tone of “judicial Supremacist” and does by no means suppose a theory of a superiority to the legislative power. It only supports the power of the people is superior to both.
Stripes, I dont have any, mine has not changed. Sorry
E-Tolle, In 2010, we refused to apply for loan mod with BAC servicing, they kept refusing our payments since they take over CW servicing. So we followed advise of councel ….. since we had the money and BK was not an option, we reinstated again ..(hahaha) fees and all. At that point we demanded the Judicial case that had been left open for 2yrs be closed and the LP on title released. Well, … reinstatement didnt work any better with BAC than it did with CW. (recall my husband only applied for mod in 08, he was denied and offered a forebearance agreement almost tripling our monthly payments. UHHH .. NO! I DONT THINK SO! )
The reinstatement put us in a position for my husband to sell the house to me …… but there was that DAM title issue! So our attorney went into precourt discovery slamming them with QWRs for the past three years. Yea …. No Responses! Imagine That!
Good Luck Getting Discovery. On the other hand Neil is Right, get an Attorney and work with the Investers. We work Majic Together !
If they don’t prove requisite standing at the onset, you should not need to ask for discovery. They have already committed a crime by presenting what can only be considered counterfeit securities and forgeries upon the court. Intent to Deceive by Concealment of the true facts makes their Lack of Standing, ahem….criminal…..these are a combo of Felonies….Acts of Rico.
What are your thoughts on the PIN #s guest…?
@ guest, how do you show proof of loss without discovery? You can shout till the cows come home and the judge will simply snicker at you. The scene will be all jovial afterwards with adversary law firm partners from Dewey, Screwem and Howe sipping brandy with the judge, even picking up the tab for his honor. Money very well spent on a motion to dismiss granted fore failure to state a claim in exchange for bar tabs and season tickets.
And btw, the junior lawyer just out of Florida A&M’s law school who represented them in court won’t be there, she’s still back at the office burning the midnight oil “creating” tomorrows necessary courtroom documents for fear of losing her job. It’s tough out there, even for lowly minions.
The joke’s on you. Or all of us, I should say.
Fox reporter said..isn’t this the same thing that caused the mess in 07…? Ridonkulous right…? Of course they are all structured to fail, subprime crap and the banksters never lose. They insure their risks. I wouldn’t trust these wolves. People should convert those deeds to deeds in trust.
FOX Biz just reported banks are giving “subprime loans” again. The banks are being told if the person fails to pay and the bank has NO STANDING….The banks will have to eat it.
Banksters Hate folks who Overpay or Prepay. Not My Problem!
My Husband is a Liability to BoAnana … Imagine That.
Note…. OVERPAID!
Ohh … You should work with HUD against the Banksters. And yes, 20% is about the going price plus taxes, ins and legal fees. Ours are All Paid.
If you whack-a-weed …. It will grow back.
If you pluck-a-weed and pull the roots ….. It will not grow back.
Now.. having OCD… I am always afraid that part of the root broke away and will come back later. Solution … I stick the weed sprayer down in the root hole and Baptize it in its own Holy Water …… Stuff Works Great!
The name for it is hoodwinking.
Yes that is true. An attorney told me if he got me a loan mod he would put a lien on my home, a new note for 20% of the selling price of my home if ever I sold it + he wanted $750.00 a month direct deposit out of my bank account while the case was still in fc court. I also had to sign a contract that I agreed to cooperate with HUD (I never had a HUD loan) and the banksters …. I must be at there beck & call. Any failure by me to comply, conform and cooperate (I’m not kidding) will land me right back in fc. There was lots more in that contract. Needless to say I did not sign the contract but I saved it for posterity. I was not looking for a loan mod and he was not a fraud fighter. He did say he hated the banks. I found him to be a bit opportunistic and I thought that contract was over the top. He advertised he was a fraud fighter. He was obviously an agent of these people. He was also a freemason and recorded our entire conversation. He obviously was a spy who worked for the house of the unholy. I went on to see a few more attorneys, they were all free consultations. None of them were like him however, none of them were fighting the fraud either. I learned a lot that’s for sure.
Iwantmynpv, …. Fabricated docs do not automatically give rise to standing. There are the other elements to consider, My favorite is Proof of Loss. No Loss-No Standing-No Lawsuit. Nice Little Trio! The fabricated docs are the Cherry on Top! I would sooo LOVE to see the Endorsement on the Note from the Broker to MERS. Illinois ruled on MERS years ago. What idiot would file an assignment on title here in 2011 from MERS assigning the Note & Mortgage together all these years later? Answer … A Greedy One! Pluck..Pluck, No room for weeds in my garden.
@Trespass Unwanted – One fabricated Note, a couple courtesy indorsments, some which have no authority to convey to the issuing entity, which truthfully did not anyway, and standing is established.
My favorite, have the master servicer default the loan, pay it off with insurance proceeds (not their proceeds), sell the loan to a small hedge fund or distressed note buyer,collect 100% off the sale and let the new owner fabricate the docs.
Without indictments, the criminals are moving closer to a “rook trap”.
Mark Stopa,you were right,your statement sounded arrogant. You know for a fact your legal prowess has less to do with homeowners staying in their house – versus case backlog and limited court resources.
A real defender of the people would take a banker hostage at the foreclosure conference to create a stir, feed him feces that you collect from the outskirts of the tent cities, set up by homeless borrowers, and yes, if need be – do 20 years of hard-time for kidnapping.
Now that’s a true litigator. What’s it gonna be Mark?
Very nice Christine ,, Volusia is just one county removed from me … Thanks
Standing: An Affirmative Defense To Mortgage Foreclosure
4/1/2013 by Schecter Law
http://www.jdsupra.com/legalnews/standing-an-affirmative-defense-to-mort-21460/
To have standing to foreclose, it must be demonstrated that the plaintiff holds the note and mortgage in question. Mazine v. M & I Bank, 67 So. 3d 1129, 1132 (Fla. 1st DCA 2011). The plaintiff must prove that it had standing to foreclose when the complaint was filed. McLean v. JP Morgan Chase Bank Nat’l Ass’n, 79 So. 3d 170, 173 (Fla. 4th DCA 2012).
Read more at the link.
Trespass Unwanted, Life, Creator, Conscience, Free and Independent State, In Jure Proprio, Jure Divino
Public exposure of these frauds is needed. Hope they get their asses handed to them.
TY!!! Very Much TU!!! will use this portal u posted and pass to others!!!
RECALL ALL the BA$turds they are stealing not doing the job the people entrusted unto them to do !!! our money future past and hard earned $$$$ those of us lucky enough to be working …THEY do NOT work by and for the good of all, no they are NOT and haven’t been for decades. RECALL!!!!!!!
Your Complaints Just Went Public! The CFPB Expands Online Access to Consumer Complaint Data
4/1/2013 by Michael Mallow Michael Thurman
http://www.jdsupra.com/legalnews/your-complaints-just-went-public-the-cf-25721/
The database is populated by complaints submitted by consumers via the CFPB’s website and by email, facsimile and telephone. Complaints are forwarded to businesses using the CFPB’s online “Company Portal,” and they are given an opportunity to review and respond to the complaints within designated time frames.
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There is nothing like public complaints about mortgages, bank accounts and services, student loans, consumer loans, and credit cards.
I know some businesses have used threats of lawsuits to get people’s employers to pay them someone’s wages, when legally they can’t garnish wages, they can only go after ‘disposable income’. Wages are not defined as income in any US Code, and Title 26 Internal Revenue Code specifically defines wages and it is NOT income.
Plus those student loan companies claim to have the signature of the Secretary to do the withholding order and if you dig in the US Code that means the Secretary of the Treasury, and no, the Secretary of the Treasury did not sign their withholding orders, they made that up. Their withholding orders are ‘unsigned’. But employees working for companies cannot ‘agree to be sued’, so they pay when those papers come into their payroll departments and the lawyers for companies are not ‘paid’ to get involved in employee contract disputes with people claiming their wages, so they tell the employee to sue to get it back.
I’m glad CFPB is there to expose these areas of intentional deception.
I’m beginning to like the future. No longer can a corporation with an EIN, go after a Life with an SSN and the employees of a corporate body with no soul, rob of property and control the Life with soul, with impunity.
Trespass Unwanted, Corporeal, Life, Conscience, People, State, noncitizen national of the United States, born abroad (born beyond the seas), the soul, the True Self, originates beyond here.
An interesting thing about these cases that are now tilting toward the borrower and placing more responsibility on the law firm that is making a claim of loss of right, or injury, or right to property is that there are judges who settled every mortgage claim from January 1, 2009 to December 31, 2010 either in a judicial hearing and judgment or in a nonjudicial writ of possession or unlawful detainer.
People were kicked out of their homes and someone went behind the judgements to determine if the lenders had cause to bring the suit. Now the OCC is overseeing these same lenders looking over their own paperwork to determine what financial injury was caused to the home owner.
I hope a side effect of the payouts to the people who were robbed, is that by evidence of the check the lender is revealing there was some fault with the process. They may have come to court with unclean hands, pretending to work out a modification while tracking the mortgage to foreclosure, knowing the home is in a bankruptcy proceeding but suing for it anyway, knowing the homeowner is serving their country and right to do business and stealing the home anyway, and knowing they had no standing to sue, and stealing it anyway.
If by this revealing evidence there was some harm to the borrower, that should invalidate every judgment that was brought to court and signed by a judge. That payment should be the beginning of the reversal of those judicial proceedings and thus, no need to try to clear title because the true owners are still the true title holders and never gave up the right to title so they could be robbed of property.
If this is the beginning of the remedy for owners, and the unwinding of this mess, that would be great. Yes, those who purchased foreclosures believed they were getting property at a great deal, but reading the fine print, something sold as is with no warranty as to the encumbrances on the title, is really a rental for you that you thought you were purchasing. Sorry, but that’s all it is. No one should be able to benefit from the theft of property from another.
If someone stole my car and sold it to another, can that new owner claim the car is theirs since they bought it with good intentions? No. You can’t own something that the seller had no right to sell and previous owner did not relinquish their right to ownership, knowingly, willingly, and intentionally.
Trespass Unwanted, Creator experiencing Life, Conscience, In Being, Jure Divino
guest, your comment on April 2, 2013 at 6:09 pm
I knew an attorney who told me he purchased liens and I asked him how did he get paid if people had no money?
I used that old term I’d heard, “you can’t squeeze blood from a turnip”.
He said if they had a home, he attached the lien to their home and they could not complete the sale until he was paid. He also said he only purchased liens on people who had property, including the info that before he considered purchasing the lien, he’d send his secretary to check the records to see if the lien was against someone who had property.
I don’t remember if he did his own filing of the lien in the records in his role as an attorney or if he got a judge to validate his lien position to allow him to attach that lien to that property.
I don’t think any attorney would purchase any mortgage lien today. The legitimacy of the transaction may make it useless and unenforceable as a valid debt. I don’t think banks can drop these bad papers off their books. I think, (so I really don’t know), that they play a game of hot potato to see who will end up with the potato and what they can get for it to get it off their books and write off the remainder as a loss.
Trespass Unwanted, Conscience, Life, Creditor, In Being, Alive, Whole Blood, In One’s Own Right (In Jure Proprio), By Divine Right (Jure Divino)
Receiving $60.4 trillion in bailouts and staking claims on property tied to massive Securities Fraud is one hell of a nerve. These politicians are complete dirtbag felons.
As usual the Imposter is trying to drowned out the truth. There is NO SECURITY….that is the real threat that is being hidden from the people. That is where the real danger is.
Foreclose Faster, Help Florida’s Economy … Say What?
Posted on April 2nd, 2013 by Mark Stopa
I’m perusing foreclosure-related stories and I’m struck by a quote by Miami-Dade Circuit Judge Jennifer Bailey, who said:
“There is a consensus across the state that the locked up backlog [of foreclosure cases] is contributing to Florida’s economic difficulties, and the only way out of this is through it … We’ve been charged by the Supreme Court with this funding to move these cases.’’
This quote was part of an article in the Miami Herald discussing the pitfalls of rocket dockets, but let’s put aside those concerns for a minute. As hard as it might be, forget your concerns about due process and homeowners’ rights and think about the premise of this statement. A Florida judge is saying there’s a “consensus” across Florida that foreclosures have to be pushed through the system to help the economy.
Do foreclosures HELP the economy? Really?
Throwing homeowners onto the streets HELPS the economy?
I’m sorry, but I think this is totally wrong.
I understand the rationale behind this position. “By foreclosing faster, those houses go on the market sooner, and a new buyer will purchase that house.” In theory, that may sound good. But has anyone actually checked to see if this works in practice? I have, and it doesn’t. You see, middle class families aren’t buying these homes after foreclosures. Nope. Instead, the banks are taking title to these properties en masse, as they can outbid anyone since their judgment amounts are so much greater than the properties are actually worth. Then these properties are sold in bulk to rich investors – hedge funds, basically.
Don’t believe me? Read this. Or try googling “Blackstone Florida foreclosures.” Read the articles yourself. Blackstone is one of the hedge funds that has bought hundreds of millions worth of foreclosed properties in Florida for the purpose of renting them out.
Really? That’s why we are foreclosing faster … so the managers of a hedge fund can pocket hundreds of millions more in profits, turning thousands of Florida homeowners into tenants?
Do you know what helps Florida’s economy, in my view? Foreclosure defense lawyers. I know, I know … that’s terribly arrogant, even obnoxious. But hear me out.
Over the past few years, I’ve talked to hundreds, even thousands of homeowners who have been able to save money while their foreclosure lawsuit was pending. $10,000. $20,000. $50,000. Even $100,000 … by doing nothing except saving money while their foreclosure case was pending. This is money they can use to get back onto their feet, buy a new home, and restore their lives financially.
Many other homeowners weren’t able to save money despite years of living in their house because they are unemployed or disabled. These homeowners would literally have nowhere to go if foreclosed, but they got to live in their house because they defended their case.
That’s thousands of homeowners who have accumulated cash they otherwise wouldn’t have, or had a place to live when they otherwise wouldn’t, merely because they defended their foreclosure case.
So you tell me … what helps the economy more? Foreclosure lawyers like me who help homeowners save money and get back on their feet financially (or stay in their houses when they have nowhere else to go)? Or pushing through foreclosures faster so hedge funds and rich investors can buy more properties?
For me, the answer here is obvious.
This, more than anything, is why I have so much passion for what I do. I know foreclosure defense helps people. I know it changes people’s lives. I know it improves the economy – certainly more than foreclosing faster so a hedge fund can add another property to its portfolio.
I only wish everyone saw it this way.
Mark Stopa
http://www.stayinmyhome.com
Another aha moment. The conotations of that should make everyone shudder at the thought of it because it makes sense. How else could they have stolen all of the booty..? How could they be foreclosing on property that never had a mortgage…? Mistake….? Bullshit…these aren’t mistakes. This is the result of the allowance of massive Securities Fraud by these psychopathic politicians. They all should be swinging from the lampposts. While they are distracting people about unsustainable bank fraud debt, govt shutdowns & gay marriage rights people aren’t seeing the first place issue. THERE IS NO SECURITY… that is what they should really be worrying about. They should be arming themselves to the teeth.
The PROPERTY INDEX NUMBERS. I’m not sure if you read my post how they gave me a PIN in 2000….without my knowledge. After the “repeal” of glass steagall…They hid the Origination Fraud under the old PIN from 1992…The attorney at the Recorders office showed me what they did. I have my suspicions they sold investments in the PINS ….. this is why Securities Fraud is perilous. These are greedy control freaks we are dealing with here. This fraud goes way beyond the mortgages. These fraud factories need to be shutdown. Who knows what they did and what they are still doing. They sold investments in things that don’t exist.
In the documentary House of Cards on CNBC a while back an ex stock broker said they sold investments in anything with a revenue flow and even things without a revenue flow. They did a lot of evil things and they still are.
That’s why I say, with SECURITIES FRAUD of this magnitude, this needs to be shut down.
Did you hear the story about the person who sued BOFA and won for fraudclosing on a couple who never had a mortgage….? It was on Jon Stewart’s show. Now how do you suppose that happened….? How are people being accidentally fraudclosed on who never missed a payment….? It’s no accident.. Its the PINS …There has been a massive breach of our Security…there is no security as long as these crooks are still operating in Counterfeiting securities frauds.
What are these sheisters selling invrstments in? They are creating these trusts to evade taxes but there is more to this story. The “loans” must be performing to be put into trust. Why would anyone invest in a trust of non-performing “loans”….? That defeats the purpose of a trust. It is criminal. These are Acts of Rico with COUNTERFEIT SECURITIES and tax evasion. What next..?
Congressman Alan West fear mongering about the debt…AKA the QUADRILLION dollar bank heist of We The People….. he said “you see what happened in Cyprus.”
The truth is, this is no different than Cyprus. They just haven’t sent their troika military on us.
That is why I say the ongoing Counterfeiting of these Securities Frauds needs to be exposed & stopped. They have been allowed to steal too much already.
These lying politicians need to be called out. This crisis is completely manufactured to rob us of everything.
These Imposters & Felons owe We The People GAZILLIONS….not visa versa..
RE: You should know this guest….it’s the PIN NUMBERS
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What about the property id number (PIN)? I dont follow you.
Curious and Shocking Failure to Follow the Law: BofA, Chase and OneWest
Posted on March 7, 2013 by Neil Garfield
Editor’s Announcement: Based upon current information and direct interviews with participants I have come to three broad conclusions:
1.Bank of America never acquired any loans from Countrywide.
2.Chase never acquired any loans from Washington Mutual
3.OneWest never acquired the Indy Mac loans but instead entered into a loss sharing arrangement wherein the FDIC would absorb 80% of the loss and OneWest would receive the proceeds from foreclosure.
BofA never merged with BAC home Loans and the entity created to merge with Countrywide was Red Oak Merger Corp. which like the REMIC trusts was completely ignored. Neither Countrywide, red Oak BAC nor Bank of America ever paid one cent to acquire the loan balances. Hence the paperwork showing “for value received” is a lie.
Chase Bank acquired the banking operations of WAMU for consideration that is expressly stated as zero. No assignment of WAMU loans exist, according to the FDIC receiver for WAMU. In most cases neither WAMU nor Chase ever spent one nickle funding or acquiring loans.
OneWest was capitalized with less than $2 billion and even that is not confirmed inasmuch as there doesn’t seem to be any transaction in which money was moved into a OneWest bank account. Like the above, neither Indy Mac nor One West ever paid for the loans.
All of that means is that they are not injured parties if the borrower doesn’t pay nor are they responsible parties if the investor is not paid. Their claim of agency just doesn’t cut it. For purposes of collecting insurance and proceeds from credit default swaps and federal bailouts, they claim ownership and then after payment, they claim agency so they can chase the foreclosure too, in addition to being paid several times over. But for purposes of sharing in the bounty of betting against the same mortgage bonds as they were selling to the investors the banks consider that proprietary trading and insist on the investors (lenders) taking the loss.
Practice hint: dig deeper and follow the money trail and don’t think that the note is part of the money trail. It isn’t. Only a cancelled check or wire transfer receipt, or ACH confirmation or check 21 confirmation would be proof of ownership (proof of payment) and proof of loss (entitling them to submit a credit bid at the auction of the property). Stick with this strategy and you won’t be sorry. The failure to come up with evidence of an actual injury to an actual party is deadly not only on the facts but for jurisdictional purses of standing.
The banks have cleverly steered the conversation in court to why they should not be required to produce the actual records of actual transactions affecting the loan or the loan pool claiming an interest in the pool. They only want the court to look at the note and mortgage and the fabricated “allonges”, endorsements, transfers, sales, assignments, all of which are evidence and carry certain presumptions. But he story told by those documents turns out to be a fiary tale when you look at where and when money exchanged hands and between what parties.
The banks are avoiding the obvious: that they claim a REMIC trust exists and was funded (both of which are probably untrue), and that the REMIC trust acquired the loan by buying it (without any evidence of a money exchange) backdated to when the loan was “closed” [note it is our position that none of these loans were closed, since they have yet to be completed].
If the Trust DID own the loan, then what effect does a fabricated assignment have from the originator, aggregator or anyone else other than the trust? The pretender lenders can’t have it both ways. They can’t say they transferred the loan into the trust in 2006 and then claim that an assignment in 2011 from Countrywide to Bank of America conveyed anything.
Spread the word
Tresspass, all I can say (as the attorney that wrote this article) is the following: A fixed rate means we did not have an adjustable one. Our payments should never have changed unless there was a valid reason under the contract. We now know we had two different Truth In Lending Statements (thus NO we weren’t given the correct agreement to read) and a $4500 yield spread premium was paid which means someone got paid big to give us a bad loan. By the time we called our payments were over $1,000 more than we ever agreed to pay. Sound fixed rate to you?
We wanted to know why our payments were going up and were told we needed a modification by the bank and to stop payment. Thus they changed the contract.
Many of my clients have faced the same. In securitization you have banks told by the government to get their debt down and trying to improve portfolios. If you had a car lot full of cars that were lemons would you rather have them get hit and get to blame someone else (foreclosure or short sale) and get the insurance payout because the homeowner harmed you? Or would you rather call your carrier and tell them you purposely bought the lemons (bad loans) and now have to modify and keep them on your books? Thus you have to pay the carrier? They’d rather get paid. The originator did not fund the loan anyway. The investment bank did and they are never the ones suing. Should I be allowed to sue and collect for someone else’s personal injury suit? No and it should be the same in foreclosure. The one harmed is the one who can sue. Ask a bank for a wire transfer receipt and see if you get it. You won’t.
I could afford what we agreed to at closing on a fixed rate just as my clients have. One had breast cancer and missed two payments and paid it all back and the bank modified her loan and then sold it off. The new bank demanded more money which she paid and disputed. Then they lost her payments. It wasn’t until mid suit they discovered them. Another client was current on her payments and found out her insurance (which the bank was to pay under the mortgage contract) had lapsed because the bank wasn’t paying in full. She was told she needed a modification. I’m thankful the court saw the banks error.
There is a lot more fraud going on than most know. If that were not the case then the Attorney General wouldn’t have joined suit.
And if it helps – I represent many homeowners and am very diligent in helping them. I take my job very seriously. And no I do not live in a mansion. As a family of six, we do not live in a 3,000+ square foot house on three acres with a pool. Far from it, and that distracts from what the bank truly did in this circumstance. It is a bait and switch for the banks – they cause an escrow shortage (as I explained in my last post) with the failure to pay insurance and/or taxes in full, raise the homeowners payment to where it is too high, and tell them they need a modification and to stop payment. Then decline the modification and tell them they owe tens of thousands to reinstate the loan. My goal is accountability and justice. The “you bought more than you can afford argument” doesn’t work here. We were current on our payments – until the Bank, Bank of America, told us to stop this escrow shortage that was out of control (yet they under the contract were to pay taxes and insurance) we needed a modification. Luckily through countersuits many of my clients have seen justice. But that is because they had their day in court, which is why I am against this bill.
These thugs think they own this place. It’s about time we started showing them, We The People own this place.
You should know this guest….it’s the PIN NUMBERS.
Thanks tresspass unwanted. …
That’s right guest. These thugs will stop at nothing to keep the scam alive. They are dealing in fraudulent securities. This needs to be stopped. They have stolen $60.4 trillion more of our wealth since 2008 and if they are not stopped, they are not going to stop until they steal it all. This is beyond greed. These are greedy control freaks. This is incredibly dangerous. What next…? A Cyprus style takeover of our property if they can’t fraudclose…? This is why I say Securities Fraud at this level is extremely dangerous. We have Russian spetsnatz doing drills with our soldiers on U.S. soil…? That is complete treason. These politicians all need to go.
Our lien has been sold three times according to our title. Funny Thing Thou … No fc – No fc judgement- No sale. Something Stinks …
SOMETHING IS ROTTEN IN DENMARK
http://stop foreclosurefraud.com/2013/04/01/in-re-hill-transcript-pa-bk-court-these-letters-countrywide-are-a-smoking-gun-that-something-is-not-right-in-denmark/
http://livinglies.wordpress.com/2012/07/31/alert-trustees-selling-liens-not-property-and-property-without-title/
SELLING LIEN INSTEAD OF PROPERTY AT TRUSTEE SALE
When Will Judges Get It? There is NO Mortgage Lien
EDITOR’S ANALYSIS: A new instrument is surfacing masquerading as a Notice of Sale. This is going to be interesting. If you didn’t read it, as most of these were probably not read since they first surfaced earlier this year, you would think it said the same thing as any other Notice of Sale. But it doesn’t say the same thing and doesn’t conform to the statutory requirements and can’t be true since the trustee would not be the party who could sell the lien unless they owned it.
Apparently the Banks and servicers decided a few months ago that they really don’t have a valid lien on anyone’s property — like I have been saying for 6 years.
At the “origination” of the loan, the renting of a third party’s name to act as lender made that party a pretender lender and not a creditor. Thus the mortgage secured a note to a pretender lender and not the creditor. Hence the the mortgage is naked in the wind, and yes there is case law on that all over the country. Keep in mind as well that the terms offered to the REAL creditor/LENDERs (investor pension funds etc) are far different than the terms of repayment signed by the borrower to the now non-existent pretender lender.
So the banks and servicers came up with a new bogus document that is no better than the forged, fabricated, bogus transfer documents designed to create the illusion of sale of the loan into the secondary market and the ensuing “Securitization” of that loan — all facts recited but which never occurred. Paperwork was used in lieu of actual transactions.
The new ones either expressly disclaim any warranty of title at the auction or expressly disclaim transfer of the property at all, claiming to sell the lien.
Now THIS is an auction of the lien. To say it is peculiar is an understatement. NOS selling just the LIEN not the Property
Here are my thoughts:
1. Does the trustee own the lien? Are they manufacturing yet another non-existent assignment. The trustee obviously did not buy the lien, nor would they allege they did. And discovery would show a lack of consideration and no assignment, endorsement or allonge.
2. Did the owner also get a notice of sale of the property? If so, the NOS for the lien mucks title even more than before.
3. What exactly IS this document? It appears to be in the nature of a quitclaim of the lien and expressly excludes the property. Is this an opportunity to buy the lien at cut rates with essentially a giant principal reduction. The Buyer is essentially buying a lawsuit. Where is the “lender”? Where is the “beneficiary?” What is going on here?
4. If the buyer is someone other than the borrower, are they going to set this up as a third party sale to a bona fide third party without notice?
5. If the buyer now attempts to foreclose, what are the rights, who is the trustee or substitute trustee, and what will the buyer be getting.
6. Does the transfer of this lien, even if valid, convert the deed of trust into a mortgage?
7. Is the sale of the lien a breach of the deed of trust?
8. The express disclaimer shows that not only is the buyer not buying the property, but they have no assurance that they can ever get it.
9. The express statement that the buyer might still be required to pay off senior liens indicates that this might be an attempt by a pretender lender to position itself as the holder of a second mortgage or second priority AFTER the primary deed of trust.
10. The express statement that the buyer is encouraged to investigate the existence and status of other liens before bidding is an express abdication of the responsibility of the trustee to perform that due diligence.
11. Keep in mind that Recontrust is wholly owned and controlled by BofA. As such it carries with it the taint of not being an objective disinterested third party without any stake in the property.
12. Also keep in mind the growing interest of cities and counties in exercising the power of eminent domain. This might be an attempt to rig the bidding such that a “market” exists (which is presently not the case) for these defective liens and using those market prices to force the city or county into paying more for the lien that it is actually worth.
13. Attendance by the owner is essential here and the objection should be lodged with the trustee stating that the owner Trustor never agreed to let the trustee sell the lien, and that the NOS fails to state the authority upon which it is selling the lien. If the lien is to be sold, the ONLY party that could actually sell the lien for VALUE is the party to whom the debt is owed, with a full accounting from the Master Servicer as to all money received and disbursed, and the current status of the account. What if the the loan has been paid off already?
SOMETHING IS ROTTEN IN DENMARK HERE. COMMENTS INVI
The new mandatory regulations regarding foreclosures, recently developed by the Illinois Supreme Court, went into effect on Match 1st.
New Foreclosure Rules
4/2/2013 by Howard Ankin
http://www.jdsupra.com/legalnews/new-foreclosure-rules-93209/
and if it helps – I represent many homeowners and am very diligent in helping them. I take my job very seriously. And no I do not live in a mansion. As a family of six, we do not live in a 3,000+ square foot house on three acres with a pool. Far from it, and that distracts from what the bank truly did in this circumstance. It is a bait and switch for the banks – they cause an escrow shortage (as I explained in my last post) with the failure to pay insurance and/or taxes in full, raise the homeowners payment to where it is too high, and tell them they need a modification and to stop payment. Then decline the modification and tell them they owe tens of thousands to reinstate the loan. My goal is accountability and justice. The “you bought more than you can afford argument” doesn’t work here. We were current on our payments – until the Bank, Bank of America, told us to stop this escrow shortage that was out of control (yet they under the contract were to pay taxes and insurance) we needed a modification. Luckily through countersuits many of my clients have seen justice. But that is because they had their day in court, which is why I am against this bill.
Tresspass, all I can say (as the attorney that wrote this article is the following: A fixed rate means we did not have an adjustable one. Our payments should never have changed unless there was a valid reason under the contract. We now know we had two different Truth In Lending Statements (thus NO we weren’t given the correct agreement to read) and a $4500 yield spread premium was paid which means someone got paid big to give us a bad loan. By the time we called our payments were over $1,000 more than we ever agreed to pay. Sound fixed rate to you?
We wanted to know why our payments were going up and were told we needed a modification by the bank and to stop payment. Thus they changed the contract.
Many of my clients have faced the same. In securitization you have banks told by the government to get their debt down and trying to improve portfolios. If you had a car lot full of cars that were lemons would you rather have them get hit and get to blame someone else (foreclosure or short sale) and get the insurance payout because the homeowner harmed you? Or would you rather call your carrier and tell them you purposely bought the lemons (bad loans) and now have to modify and keep them on your books? Thus you have to pay the carrier? They’d rather get paid. The originator did not fund the loan anyway. The investment bank did and they are never the ones suing. Should I be allowed to sue and collect for someone else’s personal injury suit? No and it should be the same in foreclosure. The one harmed is the one who can sue. Ask a bank for a wire transfer receipt and see if you get it. You won’t.
I could afford what we agreed to at closing on a fixed rate just as my clients have. One had breast cancer and missed two payments and paid it all back and the bank modified her loan and then sold it off. The new bank demanded more money which she paid and disputed. Then they lost her payments. It wasn’t until mid suit they discovered them. Another client was current on her payments and found out her insurance (which the bank was to pay under the mortgage contract) had lapsed because the bank wasn’t paying in full. She was told she needed a modification. I’m thankful the court saw the banks error.
There is a lot more fraud going on than most know. If that were not the case then the Attorney General wouldn’t have joined suit.
the build-a-bear comment was due to an experience of a relative. She was purchasing build-a-bears with easter theme for her two kids and had plenty of money on the account but the transaction was denied. She had to call her bank to have the credit side of her Mastercard made available so she could complete the purchase.
Imagine what embarrassment that would be. The kids have already stuffed the bear, made a wish, kissed the heart, and registered the bear, and here she is, unable to complete the transaction because the store system is locked on credit and doesn’t offer debit mode.
She knows that if they want a signature, it’s a contract. She likes doing business without ‘having’ to give her signature to complete the transaction. It really is a form of discrimination to have people either pay cash on hand or treat their recompense in their bank account as ‘digits of credit’ when their life energy was used to have that made available as a physical currency for a physical transfer from bank to store if need be.
Trespass Unwanted, Life, People, State of Life, State of Conscience, State of being, By Divine Right.
guest, your comment on April 2, 2013 at 3:06 pm
They should have their secretary at the closing for all their clients. Laughing out loud.
That’s why they can’t provide proper defense against the theft. They represent people in an area they are inexperienced in.
I noticed something different today.
At a gas station where you put your card in to pay at the pump.
Usually
Credit
Debit
is offered.
Today it was
FRN
Debit
I tried to take a picture, but the cell camera didn’t like the flickering screen, so I took a video.
I pushed the FRN selection to see what it would do, and it said, Insert Card.
One thing that can back us out of this mess is removing all this darn ‘credit’. I can’t even use the proceeds out of my bank account for some fast food, or a build-a-bear without some store forcing it into a ‘credit’ transaction and getting a signature (assuming they are doing that so they can monetize it.)
Trespass Unwanted, Conscience, Creator, Life, Energy
Eat it BOFA…
bloomberg…mbia wins ruling…..Take that one stinking bank notofAmerica
http://www.bloomberg.com/news/2013-04-02/mbia-wins-ruling-on-loan-buybacks-in-bank-of-america-lawsuit-1-.html
Most would think it is a showdown between the plaintiff and a defendant. The truth is …. It comes down to a showdown between the Attorneys and their area of expertise and their knowledge of the laws.
He is another Attorney Closing, went to his office to close a refi on their home (husband and wife both attorneys). There were considerable errors in the docs and the husband finally reached the out of state loan broker who had solicited them for the refi. The broker told them to go ahead and sign and they would fix the paperwork later. End of Story .. Right? hahaha .. So they ask me what I thought they should do (no way. cant do that). So I asked them .. you are both attorneys, do you do real estate closings? Their response was YES. Who closes the loans for your cleints, husband or wife? Their response was .. our secretary but she is out today. Ohhh.. ahhhh, Well, Hmm … let me ask you this… If I was your client and I asked you if I should sign a contract that did not represent the terms I agreed to, What would you suggest I do? Their response … Dont Sign It. hahahaha
This Greed is definitely out of control and in need of some restraint.
Speaking of Bad Attorneys reminds me of this fella …. Met him at his office to close, he was very rude and intimadating. He got upset with me because I play by the book.. Moving on .. I took control of the situation fairly quickly …. the Jerk started signing the docs and throwing them at me. I asked him politly to lay them aside in a seperate pile, But Noooo … He was the Almighy and was gonna disrespect me if he wanted to. Yeah… Maybe when Hell Freezes over! I started packing up and he snibbled at me. I looked him straight in the Eye and said … If you apoligize and agree to follow my directions I will continue,.. If not, I am leaving right now. He Caved. Shovenist Pig! FC Mill appointee Buttwipe!
Greed absolutely is a serious illness. It is in every profession & walk of life stalking it’s prey. Lots of filthy animals. I never asked to be dragged into this complicated mess, however, I am grateful for the wake up call. No one should be allowed to steal everything you worked your entire life for just because they are greedy. For that they should pay.
TU, you are being to harsh and judgemental. I have closed hundreds of loans for Attorneys aka the Homeowners. Trust Me … many attorneys had to be told .. well suggested to get a attorney. One specific comes to mind. A Milatary Attorney, High Ranking and Close to retirement ……. All his years of Practice didnt stop a buttwipe from taking advantage. I Saved His Bacon! In my line of business you learn who the players are… The Dirty Birdies and The Clean Birdies… and anytime a Dirty Birdie is involved in a sale, Well … Its not good! title docs are blank and sent for the borrower to sign, title commitments missing yada yada yada ….
I agree about the scare tactics. Lots of psy ops and intimidation. We were on the precipice of disaster. We may have moved back a bit from the edge but, we should all remain vigilant.
Thanks katheryn.
Trespass Unwanted.
Greedy discriminates against everyone .. teachers, lawyers and even their own employees and sub contractors. Greed has no boundries. Most young lawyers didnt have a clue what was happening to them either. But Gwen … now she Nailed their Little Peckers down …. she knew! But then Again she is 64 and practiced law for over 30yrs.
@TU
I didn’t think of that, but you are right…something seems a bit off. I did google her prior to my post and she is who she says but I’m not sure about who she may really represent!
I know. I know. Judge not that ye are not judged.
Baloney.
She’s an attorney representing people who’s homes are being stolen, for all the obvious reasons and she has a loan that kept rising and rising which means she bought more home than she could afford or she didn’t read the documentation for the ARM she purchased, she didn’t refinance it with another “lender” and now she’s in foreclosure and is worried about a ‘f’ bill!
Baloney.
Discernment folks. This woman had a lot of explaining to do and she’s not doing it. Modification? Sending partial payments and having it sent back?
She can file her own complaint with any court, get discovery and all kinds of stuff and she’s in foreclosure?
I will not waste my brain matter on this one.
We have a Pied Piper set up to lead any and all mice who will listen to ‘that so-called-music’.
Trespass Unwanted, Creator, Conscience, Life, People, State, Corporeal, Free and Independent, In Being, Alive, In Jure Proprio, Jure Divino
Sorry off topic. I don’t know if I missed this but I haven’t heard much talk about multiple AG’s suing S&P
https://www.azag.gov/sites/default/files/S%26P_Complaint.pdf
So AZ attorney general Argues that S&P inflated ratings. The complaint makes you think. The rating agency is paid by the company that they are rating. So where is the objectivity. So the attorney generals obviously know that the Rating agency screwed over the “investors”. The complaint made it clear.
What about the other side? Does this tie into any relief on the homeowners side? Is it even relevant.
The Walking Dead was written and acted out to Scare the Hell out of You and Send you Fleeing Your Homes (as in the Movie). But the writing on the Wall in Blood is a Forgery. Not signed in Blood at All … but a good look alike. Like a Fake Mona Lisa forged and being sold as Real. No Need to Be Greedy!
Deborah
don’t worry about the typos; most of us make them i’m not a lawyer nor an editor or even a good typist 🙂
It is hard always trying to stay one step ahead of them. They have not cooperated with discovery…surrrprize surrrprize. After a hearing on a Motion to Compel they had a delivery of just short of 4,000 documents dumped on my doorstep, all of which were not what I requested and totally useless. I knew that would be their next response to the court….”we gave her thousands of documents”, however, I beat them at their own game by taking pictures of the docs and pointing out to the Judge that it didn’t matter if they backed up a dumptruck of docs…if they were not what was requested, they are not in compliance with this court’s order to cooperate. BOA just killed a few more trees for what point I have no idea. Not only are they deceitful they also are very much in to the game playing. What a waste of time, money and resources. The lawyers they retain are loving it.
No one mention my typos. I know
100% agree with the title slandet
Lily … Yes They Will! They will also use harassment, humililation and public embarassment, trespass and bribery to name a few to wear you down. Hang In there …. The Judges know there are those of us waiting/fighting in the Wings for Closure. If you have survived this long in court … there is a Reason. I call it Treason!
@kathryn
Im trying to be very resoectful of the court im adhering to procedure rules and my documents and motion practuce are done accordingly. All we can do is all we can do. But when i go into court im not alone, and neither are you.
The sad part is that there are not many of us left who are still willing to fight and do something. The banks know that if they can’t beat us in court, they will try to beat us by burying us with paperwork.
Unfortunatly, even after mod fraud and reinstatement, many homeowners will not find out about the Slander on their Titles till they go to market their property years later like we did our former home. Good Grief!! Where is the Legislation to RESET the titles? Guess there is not going to be any ….. bad titles make great rentals and sec8, thus pushing borrowers to buy new consturction homes with Good Title, thus creating jobs! Where does that leave us? Weighing Heavly as Liabilities on your Zombies holder in due course.
Deb, dont ever kid yourself.. they knew what they did ….. Teachers, Doctors and Lawyers were not exceptions for the Scams! The Mass refis and Mass Loan Mod Fraud application offers got rolled out as a cure for the unsuspecting, trusting average consumers. The one Fact I learned along time ago was ….. The refis and the mods DO NOT FIX THE TITLES! It takes a Court Order ……
Danielle,
I’ve been pro-se in an adversary proceeding for over 2 years with them. I’m in another state. However, our story is very much like yours. It’s been a long and difficult journey. You might not believe some of the stuff they’ve tried to pull. I filed an Adversary Complaint in June 2011. Since then, we are now up to docket filing ID number 88. They filed a partial SJ motion six months ago and I filed motion and response objecting with numerous motions filed back and forth from that point on. They have filed Reply Briefs in Support of the Original Support Brief out of time and for which I objected to. From the point they filed the SJ motion, it has all been out of control and reminds me of the “who’s on first”, comedy fiasco. The judge did not respond to any of the motions to date. Now, for the first time since the commencement of litigation, they now claim we never had standing to bring the claim in the first place. They had almost two years to object to standing. Ironically, they are the party with no right to standing but I chose not to go down that road initially. This is just one of the crazy things they now have brought forward in a last ditch effort to get a favorable SJ ruling. Then three weeks ago I received a court order stating that I must provide the court with a “Case Status” as mandated by the rules. I knew of the rule but figured since all motions were still pending with no rulings on anything, I didn’t need to do a Status Report at this time. The order stated that if Plaintiffs did not file a status report with the court within 20 days the case could be dismissed. Of course I made sure that the Judge and defense counsel received the report within a couple of days! The Judge has now ordered a status hearing next week. I have no idea what to expect at this hearing but I am preparing for oral arguments and anything else I think might come up. In my Opposition to their SJ motion, I have asked for a trial. I don’t know if the Judge plans to rule on all the outstanding motions at this hearing or what. I just don’t know. The lawyer they now have is number 9 since I filed the complaint. The stuff they are trying to pull off even against a pro se is nuts. I would be interested to know how you have proceeded against them if you are litigating, specifically what your claims are. If you would like my case information I would be happy to share it with you. There might be information within my case that could help you.
I have to believe that its never too late for the judiciary to open their eyes to the bigger harm and not pander to the expidiency factor.
Bravo
This story is very similar to mine and millions. The banks literally pulled tricks on us homeowners to steal our houses This is the story of so many ans such fraud to take property it is vomitable.