GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE
Dear Scott, and all ‘Consumers’ stop being bullied!
Open up the windows and scream outside at the top of your lungs! Just like in the move was it in BROOKLYN? ‘I AM NOT GOING TO TAKE THIS ANYMORE”?
Consumers are in danger of losing their property to unlawful seizure due to misapplication of payments, withholding applications of payments, forced late payments, and you are in control of your right to be safe in life and property thanks to LivingLies community.
Dispute SERVICERS applications of payments of P&I and …
Consumers will find an excellent example of a Qualified Written Request Real Estate Settlement Procedures Act request, provided by a lawyer on Squib.
Secure updated financial records of all payments, principal and interest, and copies of busines statements for many consumers have found out the hard way that payments were witheld from consumer, and credit lines used by third parties taking possession of consumer property in larcenous manner and if each consumer does not report the facts of harm and injury as formal Petitions to Redress Grievances seeking CONGRESS to use evidence against the perpetrators there never will be an accounting nor justice of the harms to the economy and consumers respectively.
http://www.scribd.com/doc/51684669/Qualified-Written-Request-RESPA-Filed-by-Attorney-Barry-Fagan
The more details the more effective response. No response within the alloted time requires you to claim the wrongs and submit a QWR Request, and following procedures and receipts to confirm document sent will insure you can bring claim to a federal court as Plaintiff if necessary to right the wrong.
Under RESPA the LENDER must respond within 21 days and provide a resolution within 60 days.
Non-response is an act of a bully who has no respect for the law and does not respond if you don’t submit in the manner expected. If not submitted in the manner expected the SERVICER will not respond. The SERVICER responds to attorneys so if your attorney claims they did not respond investigate and look at the documents they sent and how and find out if the attorney had your best interest or theirs in mind when tolerating the non-compliance. SERVICER as lawfully threatended will comply because they must with legal process and procedures.
Can you do this pro se or pro pe? Yes if you read and make sure you follow the rules so in Court the other side can’t lie and claim that you did not suffer prejudice as a ‘defendant’ making an excuse for their conduct such as ‘the request was not specific.’
Failure to produce documents considered sufficient prejudice.
Delay alone not sufficient to claim harms from prejudice of actions by plaintiff impaired defendant’s ability to go to trial or threaten to interfere with the rightful decision of the case. This information taken from a case discussing such facts.
Expert testimony suggesting ‘Plaintiff’ may have altered or manufactured relevant documents and that some documents may be missing.
If you don’t figure out what documents are missing how are you going to claim the harm?
Defendant adamantly requesting evidence weights against Plaintiff. Don’t request evidence nothing to weigh against Defendant. Court, and Judge, independent and don’t look at a document and don’t accept hearsay evidence — oh lookie judge we have China Brown. While you lose and are wondering why the judge ignored you that is part of Civil procedure how the evidence is to be requested and how the evidence is to be certified by expert testimony, and its not a slam dunk, the decision under law remains with the judge (50/50).
I have not provided the citations as presented in the case for that is law and I am not a laywer, and I do not know law even if I think I do I don’t. I’m just sharing facts regarding COMMERCE, US Constitution, Business Law, Civil Procedues, and who has Jurisdiction for civil or criminal acts based upon law both state and federal and governing regulations of federal administrative agencies. Consumers lose in court over and over because they choose to ignore the transactions and facts of law that will protect those transactions over the thing that they can claim when a defendant who owes a debt, and can claim as a Plaintiff (person) with causes of action (COMPLAINTS) that the Court can rule over and provide a remedy.
I did not make the rules. The rules are made by CONGRESS. So don’t be disappointed in me or my writings except for grammar mistakes and misspellings.
Remember consumers who send QWR’s to SERVICER expecting a response in accordance with law won’t get one. SERVICER not required its the LENDER who is required. The SERVICER paid to collect money as receivables and is not required to respond on behalf of the LENDER unless you are specific in accordance with law.
I did not receive responses QWR in early 2009 which included evidence of fraud. Why? Because the SERVICER and this is a quote ‘DOES NOT DO RESPA”. I learned how an attorney will secure documents because they know the law and how to write the request. If you have an attorney and they did not get a proper response and did nothing to protect you they are negligent.
Examples at your fingertips via google.com of good QWR RESPA requests. Will yours be good when you retype yours?
Under Section 6 of the Real Estate Settlement Procedures Act (“RESPA”) Qualified Written Request (“QWR”)
Borrower(s) names, legal address, phone, email, signature.
The Seventh Circuit issued an important decision concering RESPA QRW’s Section 6(e) requires SERVICERS to acknowledge receitp of a QWRwithin 20 days and 60 days to cure defects of loan in accordance with section 6 of RESPA 12 U.S.C. § 2605…. to dispute validity of …. information relating to the servicing of a …..
Thank you 7th Cir Rules Against Servicer on QWR Issues which are to provide borrowers with consumer protections relating to servicing of their loans which is what it is all about and got to do with the PSA and everything before the COURTS!
1/16/2011 Please read:
http://updates.kw-llp.com/2011/01/7th-cir-rules-against-servicer-on-qwr.html
Very ineresting ‘Foreclosure Avoidance Techniques’
http://www.buchalter.com/…// foreclosure%20avoidance%20techniques%20richards%20ppt%20(4).pdf
29 pages what to do if borrower claims….
What can you do in a civil complaint pro se meanwhile if the SERVICER does not comply to get satisfaction? I am guessing … without an attorney to ask … and pray one will respond with the proper cause of action in an alias…
Consumer may file a complaint prose cause of action for the harm is against the person you in that the SERVICER’s failure to produce documents as required if the party does not when the court requests are subject to fines in accorance with laws.
Google.com RESPA QWR CA and Oregon
http://vondranlegal.com/respa-qualified-written-request-by-foreclosure-defense-attorney-steve-vondran/
Discusses RESPA Coverage too as RESPA applies to a ‘federall related mortgage’ and what is a federally related mortgage…. what the law states.
All foreclosues and bankruptcies must request and submit QWR RESPA REQUESTS and if your attorney did not they are negligent and may be an REO Broker, Broker, Agent, Dealer, Distributor wholesale or retail and not acting in good faith!
In order to not suffer what will become a lawful seizure because you as a consumer did not exercise your rights of due process part of consumer protections you are to claim.
What governs a response is law and non-response has consequence.
BORROWER submits their personal property (cash) to pay a mortgage loan. Are the payments being applied lawfully? Were the payments applied lawfully?
Primary Mandatory Authority over 7th Circuit Appealate and Persuasive Authority SERVICER is required to conduct an investigation of the borrower’s concerns, and are required to provide an explanation or clarification of the reasons the servicer believes the account is correct within the time frames specified.
Law states this requirement both to protect consumers and to not waste valuable time of courts.
RESPA Qualified Written Request (“QWR”)
What evidence will be of value to you in court will depend upon claims of Plaintiff to Court in the case of a foreclosure.
What evidence will be of value to you in bankruptcy court will come from documents you requested and will continue to request and dispute facts in accordance with laws.
SERVICER IN AGREEMENT WITH ORIGINATOR
SERVICER in agreement with LENDER. SERVICER in agreement with INVESTOR. SERVICER in agreement with Sub-Servicers.
SERVICER in agreement with Master Servicer.
SERVICER in agreement with …
Origiantor and Servicer the ‘Agency’ or agreement between governs what must occur before the origination documents are submitted and complete and the SERVICER will submit the ‘mortgage’ to be recorded (not the Settlement Agent) who are required to submit the ‘mortgage’ as part of ‘post closing’ to third party of Servicer (could that be LPS? DOCX?…)
Documents from LPS, DOCX, settlement agent and/or broker responsible for the ‘funding’ of the mortgage loan includes evidence related to your personal property taken out of the refiance funding and you have every right to a full accounting, mini-ledgers from the settlement agents, etc.
Dates the ‘servicer’ took over servicing from the origiantor the servicer charged the originator a fee. Dates the servicer turned over account for collections to robo-law firm in your state they charged a fee.
You have every right as they connected by the THING ‘mortgage loan’ to secure copies of documents.
Including LENDER’;s Underwriter, Appraiser, Settlement Agent, Broker, Dealer, Agent, Distributor wholesale and retail. Why do I continue to repeat over and over. The human brain takes in pieces of info and we need to hear over and over until we absorb and process the information or we skip over what we don’t process and we don’t understand.
In order for LENDER in good faith and with fiduciary duty to approve the loan or credit increase (refinance) was based upon the borrower and believe it or not the credit line of the third party person for the funding check / wire transfer was issued to a person and drawn upon an unrelated third party entities account.
LENDER/CREDITOR want to generate deposits – they don’t care about how just get me deposits. Their employees and affiliates are paid well to get them deposits.
ORIGINATIONS pipeline and conduits did insure deposits by using credit lines of third parties and hence money laundering convering assets into currency into deposits and deposits into other assets owned by the bank.
All monies taken in as fees of servicing become deposits converted into other assets in the name of the owners of the bank.
How did they keep operating expenses covered? You buying common stock. For example, when Attorney General Brown (who was my hero in office) took on Wells Fargo and got a no-fault settlemetn for $1.5 Billion dollars guess how Wells Fargo covered it the no fault? Sold more common stock. What was the case? 2009/2010 investors was lied to by Wells Fargo employees regarding the available of the higher yielding products. Attorney General Brown was attacked thereafter by the ‘machine’ who you are not to cross but he had a great no fault ruling that every AG should have run with to protect all of the ‘investors’ harmed in every state, the case filed in the public domain. What evidence did they have? to ensure a quick resolution? Perhaps it was not evidence rather the presence of the government able to view documents with TARP funds in the pipeline.
Anyway, to get deposits into Wells Fargo Asset Securities or Structured Asset Securities Corp, for example, the third party credit line check is deposited into the SELLER and/or Originators Corporate Securities Treasury in order that the owners of the bank could transfer curreny into other assets.
Banks are allowed to take a chunk of deposits put into OWNER’s NAME in the form of another ASSET of the BANK.
For example, a Note, will be purchased with the funds deposited (365 days or less) as an asset of the bank as owner and become whatever once converted into OWNER NAME c/o Cede & Co nominee DTC which has absolutely nothing to do with you the consumer as borrower and MERS totally separate issue.
Get copies of documents SERVICER’s TRUSTEE claims, and read the documents, and secure evidence that the certificate holders are being paid, and that the loans are not in default so when the Plaintiff submits evidence to court (falsified) you at the right time will object and move the court to rule over the chain of title (A, B, C, D) not (B, A, x, x)
Deposits feed a bank and reason owners invest in banks. Not speaking of common stock holders. Speaking of owners like Wells Fargo & CO/MN formerly Norwest Corp, Lehman Brothers Holdings Inc., …. Who are the owners of your bank? SECINFO.COM 10K’s will reveal first through current history. Who are the Parents in Federal Reserve System ffiec.gov will reveal. Who is the entity responsible for the foreclosure or bankruptcy as LENDER a National Association as defined in the mortgage security instrument.
Think about this. How could the banks be bankrupt if they did not launder money out of the nation? Where did all the money go? What’s the President gonna go about it? What can he do about it?
US Government deposits of social security, disability, medicaid, medicare, paychecks, ‘chunks’ converted into assets of owners of banks.
Our unemplyment checks, payments of escrow, chunks become put into owners of bank name.
Lehman Brothers FSB bank as a federal savings bank had to convert 65% into real estate assets so we know how they went broke or did they? Where are the asset in the name of the bank? that Wells Fargo Bank NA moved to the left for them as ‘Master Servicer’?
An understand under Bank Secrecy act portions may be viewed over web via google or minutes.
Banks are to be held to a higher fiduciary authority and as are attorney’s, as are US TREASURY and CONGRESS. How did CONGRESS who is the only body who may create laws, and the only body who may prevent enforcement of laws when COMMERCE involved until questioned in court when Complaint heard by Judiciary of Executive Branch (Attorney Generals).
Who did allow the banks to convert deposits into assets of the owner of the bank allowing the economy to be harmed?
Meanwhile what to do about it?
Paper assets such as Notes (365 Days or Less) are short term investments and easiest way to convert deposits into other form in owners name c/o Cede & Co (foreign organization outside USA) with Depository Trust Co (DTC) as nominee.
Paper assets such as spreadsheet fully redacted presented in court by Plaintiff (TRUSTEE) as a ‘Certificate’ is not a real Certificate for real certificates are not issued to consumers so wake up! How could a judge take a redacted spreadsheet as evidence and waste the court’s time resulting in an appeal? Because the Plaintiff filed falsified documents. Why is that Plaintiff not being prosecuted for this happened forcing sale of property in favor of Plaintiff that eventually another court overruled. Did consumer get property back? Will you face in a contested foreclosure the Plaintiff filing a protective order to submit falsified documents? YES! How will you know if they are falsified or not?
Why are the US Attorney Generals quiet? Collecting Evidence I Pray.
What will the State Attorney Generals be able to do about national associations as LENDER using (credit lines of a third party) to issue a check to its affiliate settlement agent, broker, warehouse lender, distributor wholesale and/or retail?
What will the Attorney General’s with jurisidiction over unlawful business acts as vested by Congress do about money laundering and ponzi schemes? Seeking evidence. Who has evidence everyone but the banks! You have evidence in your broker – settlement agents folders. Lenders Processing Services division and DOCX subsidary of First National Financial have evidence of checks both payables and receivables. MERS has evidence of electronic transactions tracking the payables and receivables. So what to do?
Secure evidence of the funding from (unrelated third party) Agency for the substantive omissions of material facts will reveal intent of LENDER to withhold accurate business statements to and allow third aprty to take possesion of property in larcenous manner.
Remember that you have no accurate business documents or statements and you need as a responsible consumer to request them annually to insure your currency is applied to your accounts correctly!
How can you request documents related to agreements you don’t have. Recognize that the Sales Agreement has affixed to it the (10 digit loan number) that the SERVICER used to collect payments as receivables from you monthly.
The 18 digit MERS SERVICER ID not provided on all mortgage loans.
The missing digit on the ‘loans’ are the first 7 digits – the MERS ORG ID. Puruse the MERS ORG ID’s. The MEMBER’s Agency will be registered in fictitious names, abbreviations, also known as, ….
Did you know Wells Fargo Home Mortgage is a division and all of the ‘subsidiares’ I’ve reported under other posts do business as ‘Wells Fargo Funding Inc. Correspondent eLending, Sixth & Marquette, Minneapolis MN 55479, MERS ORG ID: 1010064, Lines of Business: INVESTOR, eRegistry and eDeliver participants YES!
GUESS WHAT AURORA LOAN SERVICERS LLC is NOT! or is? put in the url and search on the
MEMBER ORG ID: 1000254
GUESS WHAT?
America’s Servicing Company is or is not?
You need to know in the state of Minneapolis with the Secretary of State, the entity is an Assumed Name also known as a fictitious name and is now inactive having expired 1/6/2010. The entity’s Filing Number: 231271, Original Date of Filing 1/6/2000
1 Home Campus, MAC X2406-011, Des Moines IA 50328-0001. Wells Fargo Home Mortgage born in CA in 2000 was merged out of existence in SD in May 2004.
Norwest Home Mortgage was a Domestic Corp 9/27/1985 in Minneapolis dba Norwest Funding II INc. 33 S 6th Str Minneapolis MN 55402. Whose Wells Fargo Funding Inc? Wells Fargo Home Mortgage is a division of Wells Fargo Bank NA.
Registered as a MERS MEMBER ORG ID first 7 digits 1005298, same address as America’s Servicing Co, and same phone 651-605-3711 for mers@wellsfargo.com, Servicer, Subservicer, Investor, Document Custodian, eReg and eDel ‘YES’
Wells Fargo Home Mortgage, Inc. Foreign Corp (born in CA in 2000) was renamed in Minneapolis from? Does not say so we’d have to request documents from Secretary of Treasurer of MN Filing Number 61788.
We know WFHM merged out of existence into Wells Fargo Bank, National Association which does busienss in all 50 states and US Territories as a national association not a registered entity.
Why was Wells Fargo Home Mortgage doing business 380 Jackson Str #418, St Paul MN 55101?
What accurate busienss statements were withheld from you during Origiantion? You don’t know because you don’t know what is processed during Origiantion. What accurate business statements are withheld from you during SERVICING? All that are between Agency you are not part of but are connected to ‘thing IN REM mortgage loan, mortgage, note, note holder, riders, adjustable rate riders, endorsements, amendments, credit line increases, title policies, appraisals, underwriter approve of LENDER, thrid party credit lines uwed to fund loans, … funds which are your personal property as cash used to pay the originator, commitment fees to the third party warehouse lenders, broker fees, REO LENDERS, etc., all withheld from you as undisclosed charges on a generic form HUD and TILA which was suppose to protect consumers not enable fraud. But what did those forms do? Provide a means whereby LENDER, Broker, Servicer, was purportedly in compliance and purportedly withholding substantive omissions of material facts became in collusion and collaborators under the disguise of falsified statements, misrepresentations, …….lies.
R.K.Arnold’s lie before CONGRESS, John Stumpf, Jamie Diamond … ‘We don’t record retail transactions which would not make sense.’
Liar… Liar pants on fire. All payable and receivable transactions of MERS Members get deals and are recorded. I beleived the ‘retail did not get recorded’ for the mortgage was recorded and the mortgage loan origination value is the asset recorded at full value on the books of the Note Holder who is the LENDER.
Corporate Securities Treasury, aka Structured Asset Securities Corp or Wells Fargo Asset Securities Corp, of the SELLER, as Originators, deposits for ‘mortgage loans’ business statements are withheld from borrower as consumer.
Origination SELLER of discounted loans gets deposits. LENDER gets possession of the note as ‘Note Holder’ and will try to take property and house through SERVICER.
Many refinances were simply a credit line increase presented as a mortgage.
Electronic transactions of payables and receivables recorded in MERS but transactions processed in back office by DOCX a subsidiary of First National Financial.
The electronic documents were created by LPS division employees working in DOCX generated ‘mortgage’, and ‘Notes’, and ‘Riders’, ‘Endorsements’ and Amendments real and falsified and checks both payables and receivables.
Search Our Blog
Categories
Contact Our National Headquarters Phone: 844-583-5339
Connect with us
Contact Our National Headquarters
- 844-583-5339
- Available 24/7
-
200 S. Andrews Ave. Ste. 604
Ft. Lauderdale, FL 33301