WHO’S YOUR LENDER?

2,894 comments

Posted on 5th February 2014 by in Economy |Politics |Social Issues

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The cronies have effectively used propaganda and lies to convince Americans that naive and greedy homeowners crashed the global credit markets in 2008.

They blamed the crash and current economic malaise on homeowners who bought too much house.

This couldn’t be further from the truth.

The fact of the matter is that the cronies crashed the global markets when they revealed that there are no mortgages to back the mortgage backed securities. They told Paulsen there was no there there. That’s why he panicked and tossed his cookies.

They could have pulled an Iceland, told the truth, arrested the bad actors and instituted real safeguards to restore the capital markets and consumer confidence.

But they chose to continue the lies and backstop the fraud on the taxpayer’s dime. The cronies covered up their partners’ crimes and orchestrated the bailout.

They feasted on our pension money and left us with the tab.

The bare naked truth is that tens of millions of mortgages were fake securitized. The cronies who fleeced Institutional Investors of $13 trillion clouded title on all the mortgages they originated and purportedly sold on the secondary market. They stole the pension money and now they’re stealing our houses.

The fake securitization scheme will make your head hurt and your heart break. So I’m not going to travel down that rabbit hole.

In the end, it all comes down to old fashioned title. Who holds the mortgage on your home? Will you have clear title at the end of the schedule? Do you have MERS in your chain of title? Was your loan ‘Assigned’ to another entity? If so, where is the evidence that substantiates those claims?

We have abandoned our efforts to convince the mighty and powerful to do the right thing. So we’re not going to waste any more of our time trying to convince members of Congress, Governors, state Attorneys General or the DOJ to arrest the bad actors on Wall Street and K Street and end the fraud.

We’re taking the fight to every local state courthouse and giving homeowners the tools to secure their homes and restore private property rights. This is a ground game and it is entirely winnable. It takes tenacity but once you learn to navigate the local state court system it’s entirely doable.

We’re working with community organizers on the left to educate all homeowners about the fraud, how it affects their mortgages and how to use the state courts systems to get real relief. We’re restoring the rule of law one mortgage at a time.

We’re getting results. Law firms are dropping foreclosure cases and homeowners who have been trying to get modifications are uncovering evidence that gives them real clout in negotiations.

It’s time we turn the tables and use the laws they have flouted as a weapon to win back our economic freedom.

We will win this war one house at a time.

This is a crime scene, so the first step is to gather evidence about your loan. All homeowners, regardless of your payment status need to take the following steps:

MERS look-up:  https://www.mers-servicerid.org/sis/index.jsp

Fannie Mae look-up: http://www.fanniemae.com/loanlookup/

Freddie Mac look-up: https://ww3.freddiemac.com/corporate/

Capture the screen grabs, save and print. File the record in a binder or folder specifically for your mortgage documents.

Next step, send a Qualified Written Request Letter to your servicer.  This is a way to gather evidence about your loan without going to court. The letter should be mailed to the CEO of your servicer. Contact customer service and ask for the name of the exec – could be the CEO – and the company address where the QWR letter should be sent. Be sure to send it certified mail, return receipt requested. Save the receipt and file it in your binder.

The QWR letter is a feature of RESPA, which was strengthened in the Dodd-Frank bill.  The servicer is required to respond to the QWR letter in 5 business days with a written acknowledgement. Within the next 25 days they are required to deliver a written response that includes documents such as  the promissory note, mortgage, closing documents, appraisal, title policy, assignments of mortgage.

If they do not answer within the 30 days or fail to provide you with evidence you’ve requested, the servicer will have to pay you $4,000 fine. You’ll have to go into Federal Court to file a complaint and get the judgement.

Here’s a template for the QWR:

 

Date

Servicer Name

Address

 

Re: Client Name

Loan Number:

Property Address:

 

Dear Madam or Sir:

In accordance with RESPA and Section 131(f) of the Truth-in-Lending Act, 15 U.S.C. Section 1641(f) (2), please provide me with the name, address, and Telephone number of the owner of the Promissory Note signed by me and secured by the deed of trust in my mortgage loan referenced above.

By their signatures below, I authorize you to furnish me with the requested information, and any other information regarding my account and my mortgage loan.

You should be advised that you must acknowledge receipt of this request within five (5) business days, and respond within thirty (30) business days, pursuant to 12 U.S.C. Section 2605(e) (1)(A) as amended effective July 16, 2010 by the Dodd-Frank Financial Reform Act and Reg. X Section 3500.21(e)(1).

Thanking you in advance, I am

Very truly yours,

Homeowner name

cc: Law firm for servicer if there has been any correspondence

 

If they respond, carefully verify all information they have provided. If they provide you with the name of the investor of your loan, check it against the results of your MERS, Fannie and Freddie look-ups.  If they provide the name of the trust, go to secinfo.com and look-up the prospectus for that trust. The report is called a 424B. Read it and look for the closing and cut-off dates of the trust. Did your loan close within the window, or after? What parties are listed in the deal? Is your loan listed in the Pool Servicing Agreement that is contained within the Prospectus? You can spot it by reviewing all loans listed – according to principal and interest rate by state.

Find the name of the Trustee.  The Trustee contact info is located in the PSA. Call the 800 telephone number provided. The recording will tell you to send an email providing your loan number, address and contact info. Write and email to the Trustee and confirm they are in fact your true creditor. Tell them the Trust was named as investor by the servicer. You’d like evidence that the mortgage was properly securitized, which includes all assignments of mortgage (there should be 4), along with the original Promissory Note.

In several weeks, the Trustee should send you an email response to your request. We’ve sent three of these requests so far, and each time the Trustee has told us that they are NOT the investor, and the homeowner should contact the servicer.

If this occurs with your loan, print out all docs, save them in your binder. You can present this document as evidence that you have a wild deed in a Quiet Title Action.

Next step is to gather all your loan documents recorded in the county registry. Ask the Register or County Clerk to print out all pages and certify them as true copies.

Be sure to determine if there is an Assignment of Mortgage in your chain of title. Examine the wording closely. Did they assign only the mortgage, or the mortgage and the note. If just the mortgage is assigned, that means the chain of title has been broken. Everything that occurred after that assignment is a nullity.

Was the mortgage assigned by a company that s no longer in business? Did the originator declare bankruptcy? If so, did the bankruptcy or demise of the firm occur before or safer the assignment? We’ve found a number of assignments where the originator – Accredited, New Century –  was in bankruptcy months and years before the date of the assignment. In a Chapter 11 bankruptcy, companies repudiate all their executory contracts, which includes MERS. So, if you have an assignment of mortgage that features a bankrupt originator dated after they filed chapter 11, you could get the assignment declared invalid by a judge. Which of course means the mortgage was never properly assigned to another party. Your mortgage may be a defective instrument and invalid.

Back to the documents from the registry.

Compare the documents from the registry to those you received in the QWR response. Are they the same, or are there notable differences? Record the notations on a document, attach it to the docs and file in your binder.

Examine the signatures on all documents and start googling. Type in signers name, along with keywords like their title, MERS, name of lender, robo-signer. Chances are you will find their signatures on a number of other documents recorded in registries around the country. Carefully examine the signatures – are there notable differences? Is the signer an employee of the company they are purportedly signing for? You can check their Linkedin profiles to verify employment. If their title is Assistant Secretary, MERS, drill down and expand your search. Many times these signers have various titles from different companies. This is important because if you can find evidence they are not who they say they are and don’t work for the company they claim to, you have a fatal defect in the chain of title.

Be sure to examine all ‘Discharges of Mortgages’ in your chain too. We’ve found robo-signers on a number of the discharges. Real estate attorneys tell us this means that the debt has been satisfied, but the lien has not been extinguished. So, you could challenge the current mortgage and file a claim in state court arguing that the current mortgage is no longer in first position.

Lots here that can keep you busy for awhile – at least the next thirty days.

If this sounds too daunting, just take a deep breath and take the first steps of performing the look-ups and sending the QWR letter.

Once you get a response, leave me a message on TBP and I’ll help you make sense of it all.

Remember, this fight is about restoring our property rights and the rule of law.

 

2,894 Comments
  1. Phaedrus says:

    We are all lawyers now.

    Title insurers are supposed to do just that, insure title. No mortgage is/was created without title insurance. Why are the title insurers not vulnerable to a lawsuit?

    4th July 2012 at 9:53 am

  2. Phaedrus says:

    One more comment …

    If title insurance does not insure title, why are the insurers not liable? YOU paid for it.

    4th July 2012 at 11:01 am

  3. Maddie's Mom says:

    Title insurance.

    Just another scam???

    4th July 2012 at 11:45 am

  4. Mary Malone says:

    The title industry is in on the scheme. The president of MERS is the former President of the American Land Title Association. Stewart Title one of America’s largest title firms is a charter member of MERS.

    MERS is the electronic property registration system that was created by 6 people in a room who made the decision to replace America’s land title recording system that was transparent and paper-based.

    We have drilled down into the details and it appears that there is an agreement between the title companies and the parties who fake securitized the loans to indemnify one another against legal action. The banks have agreed not to file claims for title defects if the title companies turn the other way and issue title examinations that are silent on the issues clouding title on the property.

    In NJ, we have very stringent statutes regarding title that are well settled law. Your states may be the same. This is where we need to attack the impact of fake securitization.

    In every loan transaction 2 title policies are issued – one for the homeowner, the other for the “lender.”

    The “lender” may have a sweetheart deal with the title companies not to sue – but homeowners don’t.

    If you conduct a review of the recorded documents in your chain of title and uncover defects then you should file a claim with your title company. We have learned the title industry has agreed not to pay these claims – so you will have to go to court. Do it.

    There are more of us than there are of them.

    Use the law and the courts to obtain real relief.

    If we don’t exercise our property rights we will surely lose them.

    4th July 2012 at 1:19 pm

  5. Colma Rising says:

    Mary:

    This is great work.

    One of those times when some lawyers could make a name and a living, as they number among the most indebted and unemployed.

    Where are they?

    4th July 2012 at 3:49 pm

  6. Mary Malone says:

    @Colma, great question.

    We’ve recruited a number of excellent attorneys and are funneling new clients to them when we complete the document review process.

    But there’s a steep learning curve. Many attorneys have no idea that title has been clouded on all securitized mortgages. Others falsely believe that the banks are unbeatable.

    It’s a process, which takes time. We started small with one attorney who specializes in bankruptcy. He’s also a court appointed mediator for modifications. He knew there were major issues with clients’ mortgages and had serious doubts about the integrity of the documents “lenders” were submitting in proof of claims.

    Many homeowners have limited resources, and the attorneys can’t and won’t charge them for the time it takes to increase the learning curve.

    Once this attorney understand the level of the fraud, we drilled down and taught him the ropes one case at a time.

    It’s taken a year, but now he’s fully up to speed, taking on new clients, getting prinicpal reductions in modifications and recruiting his peers.

    We also recruited an appellate attorney, a real estate attorney, and an expert in NJ land title.

    I think attorneys will flock to this line of business when they understand how they can get paid.

    The $4K fine for failing to answer the QWR greases the skids. So, once they understand that there is a revenue stream to tap into, more will follow.

    To your point, there is an enormous market here that will exist for generations.

    The innovators are creating the market. The herd will follow.

    4th July 2012 at 5:19 pm

  7. Colma Rising says:

    Well, I’ll try to forward this to the “Left” housing advocates…. I’ll see what returns to the inbox.

    It’s a fact that these legal aid centers are FULL of volunteers, so many they turn them away in droves. While many don’t like lawyers, for good reason, their ability to smell blood and frenzy a carcas namely, I think a little frenzy on these institutions which feed and exist on the taxpayer dime would shed a little light.

    Again… good work. I love your articles.

    4th July 2012 at 5:48 pm

  8. mary malone says:

    Thanks Colma. Please do send the info to housing activists. They are organized to get the word out to lots more people than we can reach.

    We’ re working with several progressive community organizing groups who are focused on mortgage appraisal fraud. They took the QWR letter added blanks for people to fill in and are going door to door in NJ neighborhoods.

    We’ re keeping politics out of the conversation and focusing on educating homeowners and guiding them thru the process of getting real relief from the courts.

    Really appreciate your getting the word out. Thanks!

    4th July 2012 at 6:16 pm

  9. Lee says:

    I looked at all three links and they all said that they were not the owner of our loan. Where do I go from here and if we are entering a short sale is it a bad thing to be doing this? I do not want to piss them off and them hard ball us, not working with us.
    We originally requested our original loan doc’s from B of A 2 years ago and have not heard a thing tell a month ago when the informed us we are in forcloser.

    4th July 2012 at 6:43 pm

  10. Colma Rising says:

    Lee:

    Unfortunately that’s why we need lawyers to figure it out.

    They need to see the opportunity to profit by representing homeowners with real legal answers that have beneficial effect for their clients.

    Like Mary said…. find the innovators.

    4th July 2012 at 7:35 pm

  11. Mary Malone says:

    @Lee, you have the right to demand evidence to confirm the identity of your true creditor.

    Don’ t worry about teeing BOA off. They have a lot more to worry about than you do.

    Send Brian Moynihan at BOA the QWR ASAP.

    Question – who originated your loan? If it was Countrywide, you are foreclosure-proof.

    While you’re waiting for QWR gather all the docs associated with your property from the local registry of deeds. Follow all steps outlined in the post.

    It takes awhile for short sales to be approved – so you have time. But please be careful not to follow thru on the short sale until you confirm the identity of your lender.

    You can always take the home off the market and meet BOA in court to challenge the foreclosure.

    There are only 3 firms in the country I trust to research your loan on the secondary market –
    Marie McDonnell of McDonnellAnalytics.com
    Neil Garfield of Livinglieswordpress.com
    Steve Dibert of mfimiami.com

    They charge between $800 and $1,000 to search your loan on the Bloomberg terminals. We’ve sent them a number of homeowners and know their efforts and work is legit. Just know that about 30% of all loans can never be traced.

    Hope this info is helpful.

    4th July 2012 at 7:40 pm

  12. Novista says:

    Mary Malone

    This is most magnificent work!

    “Work the system”, I love it. Beat them at their own game, and it’s legal, rule of law is not dead.

    I have two contacts in Florida (great state for fraudclosure!) that I will send this post link to. One is a fellow Oathkeeper in the state chapter, likely she will put it in the next newsletter.

    And, on a tangent here … a factoid that fell in the cracks, or I’ve never found an answer:

    Namely, what started with the Chuck Schumer letter regarding the $51 billion loan to Countrywide from FHLB Atlanta …

    copy of letter:
    http://loanworkout.org/2007/11/a-copy-senator-schumers-letter-to-the-federal-home-loan-bank-of-atlanta/

    Another thorn in the BoA side? Can’t keep up wif everyfing.

    4th July 2012 at 8:33 pm

  13. Mary Malone says:

    @Novista thanks for passing the link to your FLA contacts.

    I just did a search on the FHFA Schumer letter and this post popped up. Seems the House passed a Bill to change budget and accounting rules to, well, hold FHFA accountable.

    It was sponored bt Rep. Scott Garrett NJ. I’ll contact his office and find out if it passed the Senate..
    http://hotair.com/greenroom/archives/2010/02/23/put-fannie-and-freddie-on-the-budget/

    4th July 2012 at 11:30 pm

  14. Mary Malone says:

    @ Lee and everyone else who has received a notice from law firm for ‘lenders” or servicer:

    Send them a letter, certified mail, return receipt request, demanding that counsel sign an affidavit stating they have examined all documents submitted to the court and there is NO fraud.

    Also, they have spoken/met with a specific individual person, at their client firm who has direct knowledge of the facts of your loan. Not a computer print-out. A real conversation with a real person. Of course, they’ll need to provide the name, title of the individual and verify they worked for the client. And the date, time and evidence the conversation(s) occurred.

    This is extremely important because if an attorney signs this affidavit and fraud is uncovered, they are directly implicated. The attorney could be sued for malpractice and lose their license. A signed affadavit is considered testimony before the court – if they lie on this form, it’s perjury.

    In every instance, the attorneys disappear. The legal actions end. The lender and their client go away.

    When this happens, file a Quiet Title Action. They will not show up, you will win by default and be mortgage-free.

    5th July 2012 at 7:34 am

  15. Nonanonymous says:

    Mary, thanks for posting this extremely helpful information.

    When Depression 2.0 hits and the Crunch happens, it will be too late to take them on, everything will be swept under the rug and there will be a new set of carpet baggers running around the country laying claim to all kinds of property.

    Do you know of any state specific sources of information, or websites with this information. In particular, I live in a Deed of Trust state which allows deficiency judgments (NC). While I’m not in default now, if I give the bank the keys because the house isn’t worth what is owed, they’ll come after me for the difference.

    What can I do now, other than what you’ve already recommended? I’ve heard others say to stop making payments, and put the money into an escrow account until chain of title is proven.

    5th July 2012 at 7:55 am

  16. Mary Malone says:

    @Nonanonymous – you’re very fortunate to live in a state where the judicial decisions are favoring the homeowner.

    http://mcgrathspielberger.com/new-north-carolina-foreclosure-decision-favors-homeowners

    http://www.troutmansanders.com/north-carolina-court-of-appeals-invalidates-foreclosure-despite-finding-of-valid-debt-in-default-06-23-2011/

    If I were in your shoes I would gather all the evidence described in the post and comments and find an attorney who understands the intricacies of fake foreclosure. If you do their work upfront – which is identify the fraud and describe how that impacts your chain of title – you’ll make it easier for them to represent you. In the end, you’ll save a lot of dough.

    If you take all the actions described in the post and comments – you will gain the advantage, with the goal of suing them for Quiet Title once you prove they are not your lender. Quiet Title is very quick – not a protected expensive legal exercise. That’s why we like it so much.

    You could win by default – especially if you make a big deal about “lender’s” attorney signing an affidavit that no fraud exists in the documents or in your chain of title. They will run for the hills – especially in NC, where the judges are onto their scheme.

    For attorney referrals, check with Max Garnder who lives and practices in NC. He educates Bankruptcy attorneys on how to fight mortgage fraud in chapters 7 and 13 – but should know other attorneys who are looking for this kind of work outside of BK.

    Stay away from firms promising to arrange modifications for $3000 fee. They are preying on desperate homeowners, take the money and do nothing to help their clients.

    Good luck – and let me know how you do.

    5th July 2012 at 8:49 am

  17. Mary Malone says:

    @Nonanonymous I realized I didn’t answer your question regarding with- holding payments from servicer.

    You can take this step in a Quiet Title Action or in an adversarial action in chapter 13 . The payments can be placed in escrow. But the banks are so screwed up I am loathe to do that. Your credit rating can be destroyed and they will use this as an excuse to place you in the foreclosure bucket. Once that happens, it’s impossible to get out.

    So we suggest people continue to pay but get aggressive with hauling the ‘lender’ into court with Quiet Title Action as soon as you’ve gathered enough evidence to cat doubt on their claim of owning the note.

    Life is hard enough thee days. No sense in asking for trouble.

    5th July 2012 at 9:58 am

  18. Colma Rising says:

    OK, Mary:

    Names in California? Bay Area, specifically….

    I could do the research but it looks like a hit or miss… weasel or champ, you know?

    5th July 2012 at 11:43 am

  19. Mary Malone says:

    @Colma in Cali there is nobody better than the attorneys at Prosper law firm. They are in LA but I would suggest all CA homeowners touch base with them first. They may have an office in Northern CA.

    Contact Deborah@prosper law.com

    310-893-6200

    http://www.scribd.com/doc/86935746/GREGORY-JOHNSON-V-HSBC-BOA-HIS-COMPLAINT-AND-HOW-HE-RESPONDED-TO-BANKS-MOTION-TO-DISMISS-PLUS-EXHIBITS-MARCH-2012-CALIFORNIA-FEDERAL-COURT-SOUTHERN

    5th July 2012 at 11:58 am

  20. Colma Rising says:

    Thanks!

    5th July 2012 at 12:05 pm

  21. Lee says:

    “Question – who originated your loan? If it was Countrywide, you are foreclosure-proof.”

    Yes it was CountryWide that originated the loan. How does this make us foreclosure-proof?

    6th July 2012 at 12:25 am

  22. Colma Rising says:

    Lee, call a lawyer.

    Find one with some balls.

    6th July 2012 at 12:50 am

  23. Mary Malone says:

    @Lee How does this make us foreclosure-proof?

    Linda DeMartini, a Countrywide executive testified in Countrywide vs. Kemp that all Notes were stored in a vault in CA at origination. The Notes never left the vault. So, they were never endorsed by the other parties who “purchased” the loan before it was locked down into the trust.

    Countrywide fake securititzed 100% of all their loans.

    NY security law requires that the mortgage which has 2 parts – the promissory note and the deed in trust travel together and be endorsed by each party in the chain.

    For example it should look like this:
    Countrywide to Bank A – Bank A to Bank B – Bank B to Bank C – Bank C to Trustee who locks it into the trust within 90 days.

    It is mandatory that the note be endorsed by Countrywide to Bank A, who endorses it to Bank B, Bank B endorses to Bank C, and Bank C to Bank D. The note MUST travel. If the Note does not travel and is not endorsed by all those parties, it never makes it into the trust.

    This means that 100% of all Countrywide loans never made it into their trusts. The investors were sold something that never existed.

    Your mortgage has a broken chain of title – it no longer is a Countrywide-held mortgage, but the other parties who “purchased” your loan never endorsed the Note, or recorded the Assignments of Mortgage in the county registry.

    Like Colma said, get an attorney who understands fake securitization ASAP.

    What state is your property located in? We’re in NJ, but I may be able to track down a good attorney for you in another state.

    Here’s a link to check out for more information on the fake securitization scheme:
    http://www.njteapartycoalition.org/SystemicMortgageFraud.html

    Please gather all of your documents and send the QWR letter. When you have the docs, write your contesting answer to the foreclosure yourself if you can’t find a good attorney in time. Be sure to meet all the required deadlines. It is vital that you respond. Even if it’s a letter to the judge stating the facts as you know them.

    The affirmative defense is: Countrywide is not the owner of your note in due course. They refuse to provide evidence they have a real interest in your property. They do not have evidence of ownership so they do not have standing. No standing, no foreclosure.

    Whatever you do, do NOT admit that your loan is in default. You don’t know that because you need discovery to determine if TARP, CDO, insurance payments streamed in to pay down your balance. If payments flowed in from other sources, how could the loan be in default?

    Do NOT admit you borrowed one thin dime, or there was a closing – the transaction you attended is based on fraud. Fraud vitiates everything.

    Deny every allegation. Question every assumption and fact that BOA presents.

    Put on your crash helmet, it’s gonna be a wild ride.

    6th July 2012 at 9:29 am

  24. mary malone says:

    Admin,
    Could you keep this post up a little longer so Lee and other Countrywide clints can see it?

    Thanks!

    6th July 2012 at 10:43 am

  25. Yojimbo says:

    Admin

    This post should have a permanent listing some place on the right side of the page, if Mary Malone wants to keep answering questions.

    People need a link to be able to immediately find the answers (i.e. weapons) that will help them fight the big banks.

    This post is the pitchfork and torch that the common person can use against the banks.

    6th July 2012 at 10:55 am

  26. Administrator says:

    Mary

    I’ll keep moving it back to the top of the list.

    6th July 2012 at 11:03 am

  27. Mary Malone says:

    Thanks, Admin!

    6th July 2012 at 11:27 am

  28. Mary Malone says:

    Another important piece of evidence all homeowners can access from public records is the Originator/fake lender’s Annual Report.

    Obtain the report for the year your loan originated.

    These banks always disclose if they “sold” loans in their portfolios to third parties, or kept the loans off-balance sheet and “sold” them to investors.

    We found these kinds of admissions, signed by the banks CEO’s in:
    -Countrywide, M&T Bank and HSBC Annual Reports.

    Pull the paragraphs that provide evidence the “loans” were sold and include that information in your complaints or contested answers in foreclosure.

    The goal is to stop the clock on a summary judgement in foreclosure. Present enough credible evidence from trusted sources that create reasonable doubt that the “lender” has a valid claim on the property and legal standing to foreclose.

    If you are in a judicial state like NJ, the process is very lengthy. Stop the clock before it gets to the “lenders” ability to request a summary judgement. Fight the default motion.

    Present the evidence from Annual Report, QWR answer/non-answer, government reports like the OCC, FDIC, Fed, Congress to show the judge there may not be a default if monies streamed in and paid down your loan from sources unknown to you – TARP, credit defaults, insurance payments.

    The goal is to get the judge to deny summary judgement and allow the case to proceed to trial.

    Demand due process that is only available in Discovery.

    You can do this with a good attorney, or without one as Pro Se.

    Just do it.

    6th July 2012 at 11:44 am

  29. backwardsevolution says:

    What is the objective here? To screw the banks (who wanted something for nothing) or to get a free house (something for nothing), or to secure your title?

    6th July 2012 at 12:03 pm

  30. Muck About says:

    Or, if and when justice is done (a doubtful outlook, given our current King, Court Jesters and Head Lawdawg) everyone should try paying cash or doing without.

    Talk about breaking the bank – that would do it.

    I’ve had no debt since 1973 when Nixon started the strangle job on the money. I came to the conclusion that very little bad could happen to you ( except an accident) if you owed no debt to anyone and so that’s what my sweetie and did.

    When I retired, we paid cash for a considerably smaller house (ease of taking care of it, you know) and now I look at this mortgage fraud and stinking cloud of thieves and criminals and feel really sorry for all the people who borrowed up the ass with no down payment to “own” a McMansion.

    What was it Forrest’s Mom said? Something like ” Stupid is as stupid does.” or something like that.

    The old greasy yearning to get something for nothing seems to be powering both sides of this particular pile of burning garbage.

    I’ll just quietly stand aside and let the whole mess collapse, which I hope it does.

    MA

    6th July 2012 at 12:47 pm

  31. backwardsevolution says:

    Muck About – good post. “The old greasy yearning to get something for nothing seems to be powering both sides of this particular pile of burning garbage.”

    In order for both sides to get “something for nothing”, interest rates had to be held down, which ended up hurting the ones who did not partake.

    In order for both sides to continue to get “something for nothing”, interest rates are manipulated and held down still, which screws people who have worked hard and SAVED (you know, where you have to do without).

    The way I see it, none of this could have happened at all if RISK had entered the equation. Lenders would have had no one coming through their door and prices would not have been forced ever higher had mortgage rates reflected risk (say 7 or 8%). People with little to no money down, with no documentation, with teaser rates, should NEVER EVER have been able to borrow at ridiculously low rates.

    And now, with the lowest rates in history, both sides are still bent on getting “something for nothing”. Unbelievable, really.

    The risk has been placed squarely and very unfairly on the backs of the savers.

    6th July 2012 at 1:41 pm

  32. Mary Malone says:

    Look guys, one party is going to get the property.

    Either the fake lender who participated in the scheme to cloud title on 66 million homes will walk away with a free house.

    Or the homeowner, who put 10-20% down, paid their P&T, property taxes, upkeep will get a “free” house.

    Make no mistake somebody is getting a free house.

    Also – have you guys checked your satisfaction/discharges of mortgages?

    Well, maybe you should.

    We have found extensive amount of document fraud committed in these documents. Real estate attorneys tell us that even tho the debt has been satisfied, the lien has not been extinguished.

    So much for moral hazard, huh?

    6th July 2012 at 2:19 pm

  33. TeresaE says:

    Mary you are just, simply, amazing.

    Keep up the good fight.

    My hub is signing over our chances to the FHA this week.

    He’s saving a buck, will probably cost us a house down the road, but not my concern.

    Keep up the good fight woman, you reaffirm my faith in (some of) our fellow citizens.

    6th July 2012 at 2:44 pm

  34. FTL says:

    Mary – How do you determine if the lien has been extinguished. I purchased a condo in 2000 financed by GMAC and paid off the loan in 2005. They never sent me or notified me that the mortgage was satisfied although the document was filed with/in the county records office. Could I be in any kind of undocumented trouble in the future.

    6th July 2012 at 2:54 pm

  35. backwardsevolution says:

    Mary Malone: “Make no mistake somebody is getting a free house.”

    Why should either the lender or the borrower get a free house?

    1. The paperwork should be corrected. 2. The lenders should be forced to immediately mark to market the true value of the homes, and the banks that are insolvent should go under. 3. The borrowers should either keep paying their mortgages, if they can, or walk away, or be put into foreclosure. 4. The foreclosed-upon homes should be placed immediately on the market and sold to people who can afford them.

    If there was fraud involved at any level (by lenders or buyers), those people should be brought into court and charged, jailing them, if necessary. No more fines; actual jail time for these guys.

    The real travesty of justice would be to do otherwise.

    6th July 2012 at 4:25 pm

  36. IndenturedServant says:

    backwardsevolution says:

    “The way I see it, none of this could have happened at all if RISK had entered the equation. Lenders would have had no one coming through their door and prices would not have been forced ever higher had mortgage rates reflected risk (say 7 or 8%). People with little to no money down, with no documentation, with teaser rates, should NEVER EVER have been able to borrow at ridiculously low rates.”

    You hit the nail on the head. It should never have happened! Govt removed the risk. I believe that if you go back and watch every State of the Union speech given by Bush you’ll find that he stated each time that the path to financial independence for Americans was through home ownership. Each and every year the rules and requirements for obtaining a mortgage became more and more lax. I believe that very early on, the banks were all promised bailouts if it all went bad. When it went bad, TARP I and II were rolled out to do exactly that……bail out the banks.

    “And now, with the lowest rates in history, both sides are still bent on getting “something for nothing”. Unbelievable, really.”

    It’s not really unbelievable, the banks will be rewarded again with another bailout so why should they care if people take out loans they have no hope of repaying? From a short term business standpoint, it a no brainer. For borrowers without a conscience, it’s a no brainer as well. Just think, buy a home with no money down, zero interest, and no payments (or interest only payments) for 5-6 years, then default on it and keep the bankers at bay for a few more years while you pay nothing and at worst you end up with virtually no rent or mortgage payments for 6-9 years. Hell, if you were smart, you could pay the full on mortgage payments to yourself (in cash held outside a bank of course) for that entire period and end up with up to $108,000 in cash which could then be used to buy the home you were evicted from at auction and own it free and clear!
    I_S

    6th July 2012 at 5:41 pm

  37. Colma Rising says:

    Backwards and Indentured:

    Here’s the thing… nobody owns it free and clear. This mess and these actions are about just that: Cloudy title. Nobody knows who actually owns anything…

    But the non-owner forecloses?

    Read the case Mary linked to.

    If you don’t realize that title law is the cornerstone of private property since the term was invented, well shit fire….We’re FUBAR.

    6th July 2012 at 6:30 pm

  38. IndenturedServant says:

    Colma, point taken and I already knew that regarding title law. I did a no cash out refi last year with US Bank. I have followed Mary’s advice and looked into my own mortgage which appears to be on the up and up. I had followed her advice prior to that when my loan was with Wells Fargo and everything appeared to be in order then as well. Fortunately, we did not buy or refi during the mortgage frenzy period so there appears to be a clear chain of custody for our property.
    I_S

    6th July 2012 at 7:40 pm

  39. backwardsevolution says:

    Colma Rising – we’re already FUBAR. We’ve had FASB change the rules for the banks, we’ve had LIBOR rates manipulated, Attorney-General Eric Holder and politicians turning a blind eye, insider trading, high frequency trading, corruption, fraud, bailouts, etc., and you think title law is sacrosanct?

    It should be, but so should everything else.

    If the title is cloudy, then it needs to be unwound. Take it right back to square one. If the homeowners want out at that point, let them out. Then force the banks to mark to market and if insolvent, go under. But if the buyers still want in, then let’s clear the title.

    6th July 2012 at 8:13 pm

  40. Mary Malone says:

    Great discussion – thanks for weighing in.

    My posts may sound a bit cagey, like we are trying to beat the system and steal a house.

    That’s not the sentiment or the intent at all.

    I agree the preferred course would be a national cleansing that held the bad actors responsible for their crimes and restored the capital markets and the rule of law.

    The fact is, that just ain’t gonna happen. It took me 2 years to come to that realization. So now we’ve moved to Plan B – and are providing homeowners with the knowledge and tools they need to protect their private property in the state court system.

    It’s our only avenue left. If we do not act and exercise our property rights, we will completely lose them. Then America will be over.

    I understand that some people who do not deserve a break will get one with this strategy. For the most part tho, the people who took liar and no doc loans washed out of the system in 2006 and 2007.

    Today, homeowners who had equity, made sound decisions are struggling because of stagnant wages and brutal unemployment.

    I certainly haven’t met 66 million people whose chain of title was broken, so I cannot vouch for their integrity.

    But the people I have met in this journey are good, responsible, hard-working people who have been outfoxed by the TBTF. Some made mistakes. Others not. In the end, they did not deserve the punishment they endured.

    The sins of the TBTF far outweigh the unwise financial decisions some people have made.

    Homeowners and TBTF are not even remotely in the same league if you want to argue moral hazard.

    Remember, many people who never over-stretched, were fiscally conservative were also harmed. Many have serious defects in their chain of tile – robo-signed discharges of mortgage – that will render their property unmarketable when this blows up.

    So, we are encouraging homeowners of all stripes to clear their title and get relief in the state court system. We’ll let the chips fall where they may.

    6th July 2012 at 8:46 pm

  41. Mary Malone says:

    @FTL: How do you determine if the lien has been extinguished?

    Did GMAC send you the original promissory note? Did they record the original satisfaction with the county, or a copy? They should have sent you the cancelled mortgage, stamped satisfied and the original promissory note with the endorsements. GMAC is a mess – now called ALLY. Contact them and ask for your original documents. I would send them a letter demanding the cancelled note and mortgage/deed, certified mail, return receipt requested. You may need this documentation for the future.

    Next, contact your title company. The policy is effective for the length of time you and your heirs are in the home. Ask for a copy of the policy, along with a copy of the title report they have for your home at the time of origination.

    Ask them to provide you with a list of items that constitute a defect in title.

    Keep the policy, title report and defect list for your records.

    Next, Google the names of all the individuals who signed and endorsed your Discharge/Satisfaction of Mortgage.

    Use keywords like robo-signer, document fraud, Assistant Secretary, Assistant VP, MERS, with their names. You’re looking for evidence they are who they say they are and worked for the company who had the legal duty to discharge your mortgage. Conduct your search different times of the day and be willing to go to page 10 on the organic results. The government – which now owns ALLY -has hired Reputation Defender – so it’s getting more difficult to find the info in online searches.

    You should find documents from registries through-out the country that they signed.

    Check to see if the signature is the same – consistent on all docs. Is their title the same, or do they sign under different titles? Is their title and company name typed beneath the signature? Or, does it look like they are trying to hide the employer’s identity?

    Review the notary’s signature. Is there a stamp? Were they licensed at the time they signed your doc? Check with your state’s dept. of consumer affairs or Attorney General. They will have a record of the notary, their license number and dates of their commission.

    Also check to be sure the notary is licensed and works in the state where the signers are located. For example, we have seen signatures of Asst. VP, Asst. Secretary who are located in California and the docs were endorsed by a notary in Texas. Not good.

    If you find evidence that the signatures are forged on documents – notable differences, you can find the signer’s signature on their own mortgage at their county clerk. I did this – simply found the notary’s home address and contacted their registrar of deeds and paid for a copy of their mortgage to examine his authentic signature. Heh.

    Use LinkedIn to check the signers employment history and title. Did they work for the company they claimed to on your document at the time they signed? Was their title the same?

    I’m guessing you have a MERS mortgage, or language in your mortgage that says GMAC could sell your loan. Examine the doc closely. What company names are typed on the page? Do you see LPS, or Orion anywhere? If so, odds are your Satisfaction is robo-signed.

    If you find evidence that the chain of title is broken, meet with the best attorney who specializes in property title issues.

    I’m sorry you have to go thru this FTL – it’s a real chore. But better to sort this out now before the chaos begins. Good luck!

    6th July 2012 at 9:32 pm

  42. Novista says:

    backwardsevolution says:

    What is the objective here? To screw the banks (who wanted something for nothing) or to get a free house (something for nothing), or to secure your title?

    I’ll weigh in on this one … putting a polite face on it, I reckon it is to secure some certainty. Now that’s out of the way …

    I got tired of the faux moral hazard argument in 2007. Before that, after my wife died I “went away from the world for awhile” and started reconnecting around April, 2006. Shit, even I saw the housing bubble was unsustainable. I kept up with it a lot as much of the scams unfolded in my home state of Florida.

    If all you see is vampire squids vs. speculators and deadbeats, you have No. Fucking. Idea.

    Example: bloke bought a house in Florida on a short sale, paid cash. A month later, he was foreclosed. WTF? Another Florida example, four different banks, including Deutsche bank fronted up in the same courtroom claiming foreclosure on one house. WTF? I know the CDO slice’n’dice machine was good, didn’t realize you could do the same to a single mortgage. In fact, I suspect it’s not possible.

    Another thing, many of these banks doing foreclosure ‘forgive’ the balance of the mortgage. And then they bundle a bunch of those ‘claims’ and sell them for three cents on the dollar to collection agencies who will hound you to the ends of the earth and your life.

    Or they accepted gov’t fees from HAMP and _told_ people, stop making your monthly payments which will assist in a modification. Several months later, “You don’t qualify.” You owe us X fees on top of the arrears.

    Or they succeed with a modification which will make it easier on a person and she ends up paying more per month than she started.

    Like mm said, the speculators & deadbeats have moved on.

    Many of the hapless millions left, if still working and surviving, will likely end up paying off a mortgage in full to -someone- they know not who … and somewhere down the track, some smarmy bastard with a piece of paper comes and says, “You owe me”.

    Oh yeah, if the vampire squids don’t get you, some of those ‘forgiven’ loans are bait for the IRS, they consider it income.

    6th July 2012 at 10:43 pm

  43. FTL says:

    Mary – Appreciate so very much for the detailed mortgage/title information you posted. Will research all this and hope for the best. Many Thanks FTL

    6th July 2012 at 11:35 pm

  44. crazyivan says:

    Mary,

    I am quite intrigued by your thoughts.

    So much, that I would like to make lovies with you.

    But, lest we have to interupt the event for me to ask a question, I will ask it now.

    “Send them a letter, certified mail, return receipt request, demanding that counsel sign an affidavit stating they have examined all documents submitted to the court and there is NO fraud.” – mm

    Carrot or Stick? How is this done?

    When I demanded from a now ex-wife that she sign a a bar napkin document (in preparation for our divorice) that she refused to take off those super mormon underwear and cook me breakfast on Sunday morning in a thong …she told me to fuck off.

    Just sayin’

    ci

    6th July 2012 at 11:35 pm

  45. Mary Malone says:

    Like Leonard Cohen says, “Everybody Knows’

    Check out this real estate listing on Craig’s List:
    http://austin.craigslist.org/reo/3118696546.html

    Told ya.

    6th July 2012 at 11:45 pm

  46. Mary Malone says:

    @crazyivan – LOL.

    Seriously, just the suggestion that these scumbag attorneys should sign an affidavit sends them packing.

    It’s happened every time – in open court, in telephone conversation or a letter. The attorneys freak and the case gets dropped.

    The most dramatic example – A 75-year old NJ widow, Susie Johnson, fought her foreclosure and lost.

    The Sheriff was on his way to evict Susie and her daughter from the home, which was located on a busy street outside of Newark.

    A group of housing activists squatted on the road in front of the home, blocking traffic. The truck-drivers all backed up and refused to move forward. Many are sympathetic to struggling homeowners, others didn’t care either way because they were paid if they traveled anywhere or not.

    So, the Sheriff couldn’t get through the traffic and turned around. Their action bought Susie another month in the home.

    The group handed us Susie’s Mortgage and Assignment of Mortgage, along with the Lis Pendens. It was sort of a throw-away. See what you can find, Okay Mary?

    It took me two hours and I uncovered multiple serious fraud. The loan was originated by a LI firm that targeted Black homeowners in low-income neighborhoods. The President was indicted and plead guilty to 41 counts of mortgage fraud, copping to the HUD home flipping scam. He also was fined $5 million.

    Anyway, the Pres supposedly signed Susie’s Assignment of Mortgage a month before he went to the slammer. The Prez is in LI and the notary was in Ocala FLa. Hello…

    There’s more, but you get the idea. Serious, serious fraud.

    I wrote up a report and recommended the advocates attorney who was assisting Susie contact the foreclosure law firm that filed the foreclosure and sheriff sale actions.

    They followed through and sent the affidavit to the foreclosure mill.

    The outcome?

    The attorneys called and said their client did not have standing to foreclose and they were withdrawing the foreclosure and subsequent sheriff sale.

    This is the most dramatic example, but not the only one. Verbal request demanding the affidavit work too.

    7th July 2012 at 12:18 am

  47. crazyivan says:

    Mary.

    Balls, in the expresive sense rather than litteral sense.

    7th July 2012 at 12:45 am

  48. Mary Malone says:

    @ crazyivan

    Thanks, man. That’s the best compliment I’ve had all day!

    7th July 2012 at 12:50 am

  49. Lee says:

    @Mary
    I sent the qwr this morning and I will be sending a letter to Recontrust the Trustee that taped the fore closer letter to our door. We live in Idaho and I am very interested in finding an attorney that might be able to help us.

    Would you mind sending me an email as i have a few questions that I do not want everyone to read?

    Thank you
    Lee
    [email protected]

    7th July 2012 at 1:44 am

  50. Mary Malone says:

    @Lee – No worries. Just sent you an email and am researching Idaho property law and attorneys now.

    7th July 2012 at 9:09 am

  51. Chronic Agitator says:

    May good things always come your way, Mary Malone. Your column/post is sure to help many people. Good discussions and input.

    7th July 2012 at 10:11 am

  52. Buckhed says:

    Mortgages are created out of thin air by the banks .Most people in this country have been led to believe that the money loaned by the bank is from the deposits of the banks customers. The more money the public saves, the more it can use that money to lend. In a way, the banks slide of hands accomplishes this task by creating your deposit based on the note you sign and then lending it back as if it was already on the books.

    7th July 2012 at 10:55 am

  53. Mary Malone says:

    @CA Admin deserves the credit. Without him andTBP I’d be talking to myself.

    Thanks!

    7th July 2012 at 11:49 am

  54. Mary Malone says:

    @FTL You need to send all document requests to GMAC’s Bankruptcy Trustee. I’m told by BK attorneys one of their first moves in Chapter 11 is to request destruction of documents. Many of these firms retain Iron Mountain to store all documentation – which can fill a warehouse and cost a bundle. Once in BK they often cannot afford the monthly fees. So they repudiate ( cancel) the contract, settle on paying fraction of the debt and destroy all homeowner docs.

    http://news.firedoglake.com/2012/05/21/as-predicted-ally-bankruptcy-will-delay-loan-modifications-settlement-actions-for-borrowers/

    You can file an objections and make the case before the judge. I know a person who did this in south Jersey. Her originator was New Century – she filed the objection, presented her case before the Federal judge and is awaiting the decision.

    But this complicates things and builds in a sense of urgency. If they lost your Note or clouded title on your home consult an attorney sooner rather than later. The BK has stringent deadlines for filing claims.

    http://blog.jamessansonelaw.com/2012/05/nacba-petitions-bankruptcy-cou.html

    http://dealbook.nytimes.com/2012/05/15/the-challenges-in-rescaps-bankruptcy/

    Good luck!

    7th July 2012 at 12:13 pm

  55. Muck About says:

    @Mary Malone: You have to be wearing at least three halos from this article and the thread.. Not only are you smart as all get out, you are kind enough to keep giving.. Hugs! No reply is required..

    MA

    8th July 2012 at 11:36 am

  56. Screech says:

    Well! Finally something of real value pops up for use by the folks who took the big hit. Nicely done Ms. Malone.

    I have two suggestions to add to this discussion.

    1. NEVER give original copies of any of your documents to your lender, servicer, or any person representing them. Let them make copies in your presence at a location that is convenient for you. As well, do not give originals to your own attorney. Stuff gets lost.

    2. If your servicer contacts you by phone, tell them that you are recording the conversation and then do so. Get the name and title of the person contacting you as well as the party that they represent. If you are not sure of an answer to something that they ask of you then state that you are not prepared to answer their question at this time. NEVER guess or offer answers of which you are not sure. I guarantee that they will be recording your every word without telling you.

    I have spent several years teaching people to use small claims courts to excellent effectiveness. While the mortgage mess is mostly covered by federal and state laws, You can still sue in small claims court for a great deal of related things. The cost is low and even free for low income people. Every time a bank or local legal representative appears on behalf of their client to answer your claim, they charge their client hundreds and sometimes thousands of dollars. Go to a legal clinic to see what’s available to you or check your county and state government web sites for information and procedures.

    Keep accurate records of everything, think before you speak or write, and good luck to you.

    8th July 2012 at 12:06 pm

  57. Work-In-Progress says:

    @Mary Malone,

    How can I help others? Do you have any suggestions for me regarding employment in this field? I would love to help take these scumbags down.

    8th July 2012 at 12:37 pm

  58. Muck About says:

    Work-in-Progress must be a lawyer. Always billing someone for something with no headway to show for it…

    Sorry… de debbil made me say it..

    MA

    8th July 2012 at 12:49 pm

  59. Work-In-Progress says:

    @MA,

    Quite to opposite. I, like you and most on TBP, have a deep seeded desire to see the system get what is coming to them. I really just want to help. If I can do it while being employed the better FYI, I am employed now and in the middle of starting a business.

    8th July 2012 at 1:04 pm

  60. Mary Malone says:

    @MA: Very kind of you – it’s Admin and all people like you who post that really make this worthwhile.

    @Screech: What you said 1000%+

    One more thing. Here’s a link to secinfo.com that lists as slew of trusts going back many years.
    http://www.secinfo.com/$/SEC/SIC.asp?Industry=6189

    Keep this link so that when you uncover the name of the fake trust they tell you your loan is in, you can pull up the Prospectus called a 424B report. This is the offering the investment bankers are making to the investors. In it, there will be a Pool Servicing Agreement. This is the agreement between all parties who originated the loans like Countrywide and also packaged the loans into the fake securities and the investors.

    Look for:
    The closing date – this is very important. It is the last day a loan can be originated and accepted into the fake trust.

    The cut-off date – “Olly Olly in free.” Last date a loan can be legally placed into the fake trust.

    Why is this important?

    Many times, when the homeowner requests a modification, goes into bankruptcy or stops paying on time, the servicer – that’s the party you pay P&I every month – will suddenly assign your loan into a fake trust.

    Why is that an issue?

    Well, a mortgage cannot be assigned into a fake trust AFTER the closing/cut-off dates. It can’t. This is a huge violation of NY Security law. It is why Institutional Investors like Blackrock and Prudential are suing for hundreds of millions of dollars. It also means that IF the loan DID go into the trust at this late date – months, years after origination – the SPV/Trust would lose it’s tax benefits.

    Losing the tax benefits is HUGE. Essentially, Institutional Investors (your pension and annuity money) would have to pay 25% or more in taxes. Not good. That’s why they cannot and did not EVER place your loan into the fake trust AFTER the cut-off date.

    We are convinced that servicers like BOA, Wells Fargo, Citi are going to secinfo.com and pulling up the names of fake trusts that have been closed for years. The trusts no longer exist. Yet, the fake trust name is placed on the Lis Pendens or Assignment of Mortgage.

    Why?

    Nobody in America reads anymore. Not the homeowners, the judges or the attorneys. The names of these fake trusts (many which no longer exist) are being used to steal homes. The foreclosure mill attorneys know they cannot file a foreclosure complaint in a judicial state like NJ without having the name of the “lender” in the documents. So, they are pulling names off the secinfo.com website and randomly assigning loans into those fake dead trusts.

    What can you do?

    If you are informed that your mortgage has been assigned to a fake trust – gather all the info – the PSA, the Prospectus. Print the documents. Save them and use as evidence that the trust cannot have your loan, for all the reasons stated above. Use it in a a bankruptcy proceed to challenge the “lender’s” Proof of Claim.

    You can also use this evidence in a foreclosure action in a judicial state, where foreclosure is a lawsuit. You can argue that the fake trust has no standing to foreclose.

    In a non-judicial state – retain an attorney who understands fake securitization ASAP. You have no protections in the courts. You and your attorney will have to figure out a way to GET into court. It could be Chapter 13 bankruptcy. It could be Quiet Title. But you must get on offense. Otherwise, you will lose.

    I’m sorry, but it is true. Now that you know the truth, you must take action. Get them before they get you.

    8th July 2012 at 1:22 pm

  61. Mary Malone says:

    One more thought regarding the fake trusts.

    When you locate the Pool Servicing Agreement (PSA) for the fake trust your servicer claims your loan is in be sure to locate the name and contact info for the Trustee.

    The Trustee could be Bank of NY Mellon, or Deutsch, or any other investment bank.

    The Trustee was supposed to review ALL the reports/audits of the loans in the files and certify that the loans met all the representations and warranties promised to investors.

    Well, Trustees weren’t very, well, trustworthy. So they did not do their job either. They just took the money.

    But here’s the thing. The Trustees are in a very vulnerable position right now. The Investors are suing the Originators, Depositors, the Sponsors, the Master Servicers. The Trustees should be suing as well.

    But they’re not.

    Why?

    They are terrified that homeowners and investors will come after them – so they are trying to keep a low profile and hope the s$%&storm passes before it hits them squarely between the eyes.

    Why is this important to homeowners?

    Well, the Trustee is the pressure point.

    Once you uncover or are provided with the name of the fake trust your loan is supposedly in – contact the Trustee. Their contact info is in the Pool Servicing Agreement (PSA).

    Call the 800# and they will tell you to send them an email. Do it. Demand evidence that you loan is in fact in that fake trust. You want to see the original promissory note with the “wet ink” signature, a full loan-level accounting of the money flowing into the trust paying down your loan, along with the 4 assignments of mortgage that were required under the PSA.

    It’s very likely the Trustee will send you an email saying, “We are not the owner of your note. Contact your servicer.”

    Game over.

    Print and save those emails and sue every firm in the mbs chain for multiple counts of fraud. Use it to fight a foreclosure, win a Quiet Title or have a judge declare your mortgage is unsecured debt in a chapter 13 bankruptcy.

    Just do it.

    8th July 2012 at 1:50 pm

  62. Mary Malone says:

    @WIP: “I have a deep seeded desire to see the system get what is coming to them. I really just want to help.”

    We can definitely use your help, WIP.

    1. First, please inform everyone you know about the fraud. Your friends, your neighbors, people standing in line at the grocery store. Everyone.

    Tell them they must ACT NOW to secure their private property. Take all the steps outline in this post.

    2. Organize a seminar held in the local library – call it something like, “Who’s Your Lender?” Promote it to all homeowners – not just people who are in foreclosure.

    Show them examples of the fraud – like robo-signers you found on public records in your town. Or, Assignments of Mortgage that only assign the mortgage and NOT the note. Have them bring their own property records so you can help them spot the fraud.

    People can fill out the QWR letters at the workshop and look-up the MERS, Fannie and Freddie data if you have Internet access too.

    3. Contact your County Registrar or Clerk. Meet with them and find out what they know about the fraud and enlist their help.

    4. Find good, honest attorneys who are smart and believe in the cause. They may be fresh out of law school, or an attorney who is getting ready to retire. Find them and get a group together.

    5. When you have a small group of experts assembled, visit the Sheriff and tell him/her they are being used. Explain how TBTF has stolen the Sheriff’s pension money and now they are using his office to steal the homes.

    6. Recruit local media and spoon-feed them the facts.

    Start small, get your feet wet and build out from a solid core. This is something you, and everyone can do.

    Here’s a link to our presentation, which you can use or adapt:
    http://www.scribd.com/doc/60063474/Mortgage-Fraud-AG-v2

    Here’s a link to a chart that shows what was supposed to happen in creating MBS – but didn’t:
    http://www.scribd.com/doc/61174750/Mortgage-Flow-3

    Good luck WIP. Thank you!

    8th July 2012 at 2:08 pm

  63. Shit Throwing Monkey says:

    “They blamed the crash and current economic malaise on homeowners who bought too much house.

    This couldn’t be further from the truth.”

    And this is from the same Admin who in many posts over the years admonished Americans for buying huge houses? C’mon, stay on message. I was believing your stories of how Admin grew up several children to a room and now houses are 2x to 3x larger. Admin is losing his grip. Sad…a loss of a once intelligent writer

    8th July 2012 at 6:16 pm

  64. Administrator says:

    Looks like the brain dead shit throwing monkey is too stupid to realize Admin didn’t write the post. Christ I need an IQ test to weed out the dumbfucks like STM.

    8th July 2012 at 6:32 pm

  65. Colma Rising says:

    Shit Throwing Moniker:

    You are more like a racoon flicking trail raisins….

    8th July 2012 at 6:43 pm

  66. Novista says:

    Shit Throwing Monkey

    I guess you’re another who believes the speculators & deadbeats meme.

    Well, bozo, the amount of fraud in the entire mortgage mess far outweighs standing on the high moral ground. Yes, there will be people who benefit by MM’s advice that shouldn’t — and even more important, there are many others who were responsible borrowers who are being … how shall it say it politely … Butt-fucked for no good reason other than pure greed.

    Get a Clue!

    8th July 2012 at 10:35 pm

  67. Colma Rising says:

    Novista: Your posts are dead on.

    8th July 2012 at 10:52 pm

  68. FTL says:

    Foreclosure Fiasco – Whistleblowers win $46.5 million in foreclosure settlement

    NEW YORK (CNNMoney) — Getting served with foreclosure papers made Lynn Szymoniak rich.
    She won $18 million as a result of her whistleblower case over a foreclosure settlement, a total that could later rise.

    While she couldn’t have known it at the time, that day in 2008 led to her uncovering widespread fraud on the part of some of the country’s biggest banks, and ultimately taking home $18 million as a result of her lawsuits against them.

    As an attorney specializing in white-collar crime, the 63-year-old Floridian was well-placed to spot an apparent forgery on one of the documents in her foreclosure case, one she saw repeated in dozens of others she examined later.

    Szymoniak is one of six Americans who won big in the national foreclosure settlement, finalized earlier this year, as a result of whistleblower suits. In total, they collected $46.5 million, according to the Justice Department.

    In the settlement, the nation’s five largest mortgage lenders –Bank of America (BAC, Fortune 500), Wells Fargo (WFC, Fortune 500), J.P. Morgan Chase (JPM, Fortune 500), Citigroup (C, Fortune 500) and Ally Financial — agreed to pay $5 billion in fines and committed to roughly $20 billion more in refinancing and mortgage modifications for borrowers

    http://money.cnn.com/2012/07/02/news/economy/whistleblowers-foreclosure-settlement/index.htm

    9th July 2012 at 12:33 pm

  69. Brian says:

    Mary thanks for this posting.

    I’ve done what you suggested in the OP. Searched MERS and turned up nothing on my loan. Searched Fannie Mae and they returned that they own a mortgage at my address. Wells Fargo is the servicer on my loan. Question I have is why am I not showing up in the MERS system? I searched under both address and name. Did a search on just the street name and no loans showed up under wells fargo (I live on a small street in a culdesac in small town).

    I will be sending the QWR request.

    10th July 2012 at 5:32 pm

  70. Novista says:

    mary malone

    golly molly, there’s another “I’m not a blogger but an independent reporter”, Teri Buhl who digs up some interesting stories.

    http://www.teribuhl.com/2012/07/13/did-san-bernardino-county-violate-californias-brown-act-in-eminent-domain-talks/

    14th July 2012 at 12:18 am

  71. Mary Malone says:

    @Brian Why am I not showing up in the MERS system?

    Brian, MERS had just 12 employees on staff in their Reston VA headquarters from 1995 until 2010, when Congress and the OCC began peeking under their hood. Now they have 42 employees to conduct quality assurance measures on 66 million mortgages registered in their system.

    Obviously, not a business model that strives to assure that their is ANY quality in their service.

    Instead, MERS was TBTF’s weapon to defraud county registries of the land recording fees for Assignments of Mortgage. They openly bragged about using MERS to speed up the fake securitization process and gip counties out of $2.4 billion in fees. It’s in their marketing materials and featured in our presentation:
    http://www.scribd.com/doc/60063474/Mortgage-Fraud-AG-v2

    MERS is riddled with inaccuracies and omissions. In fact, they “authorized” employees of the MERS members – banks and credit unions – to be MERS officers. They claimed that the MERS board met and voted to approve specific bank employees with signing authority as MERS officers, usually with the title of Assistant Secretary. The problem is, the MERS Board never met to authorize any bank employee to sign anything. In a deposition conducted by Mark J. Malone, MERS exec Hultzman claimed he was vested with authority to appoint MERS signing officers – so there was no need for the board to meet and vote. Right.

    Maryland AG Beau Biden sued MERS and announced the settlement today, which requires MERS to actually hire people to check the quality of the data registered on the system:
    http://4closurefraud.org/2012/07/13/delaware-ag-biden-settles-with-mortgage-electronic-registration-systems-mers/

    So, I think you should try to obtain what’s called a MERS Milestone Report. The MERS Milestone Report should give you a list of all the investors and servicers that were registered on the MERS system during the life of your loan.

    Here is the contact person to inquire about you MERS Milestone Report.
    Claire Catalano
    Product Performance Specialist
    MERSCORP Holdings, Inc. |1818 Library Street, Suite 300 |Reston, VA 20190
    Phone (703)738-0229 | Fax (703)748-0183

    Give that a try to see what other evidence you can uncover.

    Good luck and please check in and let me know the outcome.

    14th July 2012 at 1:00 am

  72. Mary Malone says:

    Some other info we recently uncovered regarding MERS signing officers…

    In NJ, a number of hacks working at foreclosure mill law firms sign the Assignment of Mortgages as a MERS officer. Their name, signature and MERS title appear on the document. They are silent on the fact they are an employee of the law firm suing the homeowner. Conflict of interest anybody?

    We Google their names and they pop up on their law firms websites. Duh…

    Anyway, there’s more her to drill down on than conflict of interest, which doesn’t appear to worry the NJ judiciary.

    Here’s the thing – only employees of MERS members are allowed to apply for authorization to be named MERS officers.

    Hack attorneys working at foreclosure mills do not work for a MERS member bank.

    Now, the hack’s client, BOA, Citi or any other TBTF – can make a request to MERS, asking that the hack be allowed to sign documents that fraudulently assign a property from one TBTF to their client.

    So, there is a paper trail that homeowners and their attorneys should demand in discovery –
    -Piece of paper from TBTF employee to MERS, requesting hack be named a MERS signing officer
    -Piece of paper from MERS, confirming hack is a signing officer of MERS and specifically what documents they are authorized to sign

    Lots here. But details are very important here, because the fraud is hidden under layers of official sounding documents. These documents often deceive the judges and lull them into thinking that the TBTF is on the up and up.

    To win, homeowners and their attorneys need to peel back the onion one layer at a time to reveal the rancid fraud at the core.

    14th July 2012 at 1:23 am

  73. Mary Malone says:

    @Novista Thanks for the link to Terri’s website. I’ll add her to my must-read list.

    14th July 2012 at 1:30 am

  74. Mary Malone says:

    Some info on Fannie and Freddie

    Experts that we trust who trace the path of mortgages on the fake securitization chain using the abs and Bloomberg terminals have told us they hit a brick wall when they reach Fannie and Freddie’s door. They are locked out and cannot obtain info on where the loan traveled and when.

    Many of us believe the lack of transparency is created to hide the fact that TARP paid off these loans.

    A number of democrat controlled states, NY is the one we researched, had a ton of rmbs in their state employee pension funds in 2008. In 2009, the rmbs starts to disappear. By 2011, it’s all gone and the NYS employee pension fund is loaded with T-Bills.

    Nothing to see here people, move along….

    14th July 2012 at 1:53 am

  75. Mary Malone says:

    OK, one last post before I hit the sack…

    HSBC refuses to participate in HAMP, or any other government-sponsored home modification program.

    Their reason?

    They claim that HSBC did not accept TARP money, so they are not obligated to participate in these programs, which would provide real relief to millions of homeowners.

    Their problem?

    HSBC accepted $3.3 billion in TARP. It was laundered thru AIG. Oops.

    Why does this matter?

    Attorneys call this a genuine issue of material fact. Homeowners in judicial states can use this in their contested answers to foreclosure lawsuits.

    We dug up this info and shared it with an attorney,whose client was being sued for foreclosure by HSBC and the bank refused to engage in modification negotiations. The attorney provided the judge with this genuine issue of material fact, and suddenly HSBC was more than willing to negotiate a modification.

    In judicial states, homeowners can make counter claims in their contested answers to foreclosure and name additional defendants beside the “lender.”

    If you are being sued by HSBC and their attorney told you that they would not participate in HAMP because HSBC did not get TARP money, then you can name HSBC’s attorneys as a defendant and include claims they committed fraud.
    http://www.morssglobalfinance.com/paulson-tarp-aig-goldman-and-geithner/

    HSBC attorneys will have to report the fraud allegations to their surety bond insurer. Not good for them.

    Of course, this is not legal advice – just some friendly consumer education.

    Everybody needs to find a good attorney who is either willing to learn this or is an early adapter.

    14th July 2012 at 2:21 am

  76. Yojimbo says:

    Three Cheers for Mary Malone!

    Hurrah! Hurrah! Hurrah!

    14th July 2012 at 9:33 am

  77. Mary Malone says:

    @Yojimbo, Thanks!

    Mostly thanks to Admin for reposting. He’s a patriot.

    14th July 2012 at 10:42 am

  78. Administrator says:

    Actual picture of Admin

    14th July 2012 at 10:47 am

  79. Mary Malone says:

    In this thread we talk about mortgage originators who are now bankrupt and how that affects homeowners.

    Here’s a link to a list of bankrupt originators. These defunct entities are rising from the dead, like Lazurus and appear on Assignments of Mortgage, Lis Pendens and Proofs of Claim.

    To be clear, a corporate entity that is dead cannot reach up from the grave and and march into court to lay claim on real property. They cannot. They are dead.

    Lots of attorneys do not check to determine if the originators are even in business – so you should.

    http://ml-implode.com/

    15th July 2012 at 1:53 am

  80. Mary Malone says:

    Actually, I misspoke. Originators in bankruptcy are alive – originators who shut down and go out of business are dead. That’s what I meant to say.

    15th July 2012 at 1:56 am

  81. Zzzzz says:

    Dear Quinn,
    Thanks for turning me on to Laurie Goodman of Amherst Securities read her recent Congressional testimony. http://financialservices.house.gov/UploadedFiles/HHRG-112-BA16-WState-LGoodman-20120607.pdf.

    17th July 2012 at 12:46 am

  82. Zzzzz says:

    Dear Admin

    I know you are a lover of Pink Floyd but thought I’d share King Crimson…

    17th July 2012 at 1:09 am

  83. Brian says:

    Mary thanks for the info again. So as to Fannie and Freddie their website says they show they hold a mortgage at my address but that is it? Is the trail dead there? From your comment you just posted about Fannie/Freddie sounds like their lips are sealed. Can I find out if they own the thing or just insure it or am I out of luck. The more I read about this nonsense the more sick it gets. How can anyone even buy a home anymore without being afraid someone will show up with foreclosure papers from who knows???

    18th July 2012 at 9:40 pm

  84. Brian says:

    Also can I request the MERS milestone report from the servicer when I send in the QWR? Do they have to provide this info too?

    18th July 2012 at 9:54 pm

  85. MERS Foreclosure Lawsuit: Oregon Court Rules Against MERS Registry - LegallyNoted says:

    [...] Who’s Your Lender? [...]

    18th July 2012 at 11:34 pm

  86. Mary Malone says:

    @Brian

    I share your disgust for the way TBTF have decimated land title in America. It is awful.

    With regards to your questions –
    If the Fannie Mae look-up shows that they are your investor, then in all likelihood your mortgage has been paid off by TARP. But they will not tell you that of course.

    So, if I were you I would wait for the results of the QWR. See what they reveal.

    If Wells Fargo confirms Fannie is the investor for your loan, the next step would be to send in your response to Wells Fargo answer to the QWR, demanding to see the original note with the “wet ink” signature, along with the assignments of mortgage that was supposed to be created when your loan was “sold” to Fannie. Also, you will request the name of the Trust, along with Prospectus.

    We send the same letter to all the servicers, and receive different responses each time. Even from the same bank. There’s no telling what you will get back. So I would hold my powder until they respond within the 30 day window.

    Keep in mind that Fannie and Freddie are not allowed to foreclose in their names. So, when a homeowner falls behind on their payments, or requests a modification, or declares Bankruptcy, Freddie and Fannie ALWAYS have an Assignment of Mortgage created and recorded in the county registry that assigns the mortgage from Fannie or Freddie to the servicer. ALWAYS.

    So, your goal is to box them in now – and obtain as much evidence as possible that Fannie is the owner of your note and has all the assignments to verify that it is indeed the investor. It is vital to get your hands on the original promissory note. You are looking for the endorsement from your originator to Fannie. If Wells Fargo has the Note, they may allow you to see it at one of their attorneys’ offices. If you can, go, take multiple photos, – front, back sides and be sure that there is not an Allonge – second page that sometimes magically appears in courts across the country with the new “lenders” endorsement.

    You can also send a request to MERS for the Milestone Report today. That has no connection to the QWR.

    Here is the contact person to inquire about you MERS Milestone Report.
    Claire Catalano
    Product Performance Specialist
    MERSCORP Holdings, Inc. |1818 Library Street, Suite 300 |Reston, VA 20190
    Phone (703)738-0229 | Fax (703)748-0183

    Hang in there Brian. I understand your frustration – this is not something you should ever have to do – but it is good that you are taking these steps now. It will pay off down the road.

    21st July 2012 at 9:48 pm

  87. Mary Malone says:

    We are working with a homeowner who originated their loan with Premium Capital Funding, aka Topdot in 2009.

    According to the NJ Banking Commission, Premium Capital closed their doors in April 2010.

    Yet, this homeowner has an Assignment of Mortgage from Premium Credit Funding assigning the mortgage to Bank of America in 2011.

    The Assignment was signed by Swarupa Slee, as Assistant VP MERS.

    Good ol Swarupa is a robo-signer actually employed by Bank of America. Oh, how convenient.

    So, you have a Bank of America employee assigning a home from a company that has been out of business for over a year to themselves. So, tell me, how does that transaction work out?

    Answer, it doesn’t.

    If you have a mortgage that originated with Premium Capital Funding, please get moving on the QWR. You need to track down where you mortgage traveled to and demand evidence that it was “sold” lawfully.

    Corporate Name: Premium Capital Funding LLC
    Address: 125 Jericho Turnpike
    City,State,Zip: Jericho, NY
    Toll Free Number: (800) 562-6152
    Direct Number: (516) 870-1000
    Fax Number: (516) 870-7125
    Primary Contact: Frank Fiore
    Website: http://www.Topdot.com

    Member Org ID: 1002803
    Lines Of Business: Originator, Servicer, Subservicer, Investor, Document Custodian
    eRegistry Participant: No
    eDelivery Participant: No

    From: [email protected]
    To: Mary Malone
    Sent: 7/20/2012 9:20:29 A.M. Eastern Daylight Time
    Subj: premium capital funding dba Topdot

    “According to our database the above company went out of business April 20, 2010. Thank you.”

    21st July 2012 at 10:01 pm

  88. Mary Malone says:

    Another interesting case popped up regarding Velocity Mortgage, a mortgage broker agency registered in NJ.

    We are working with a homeowner whose mortgage originated with Velocity Mortgage. They are named on the mortgage and Note as the originator.

    The mortgage was recorded in NJ county registry and promptly assigned to another “lender.”

    The problem?

    Velocity Mortgage is a mortgage broker. Not a banker. In NJ, only licensed bankers can originate loans.

    What does that mean?

    We believe this is evidence an attorney can use to argue that the mortgage contract is invalid. Which means the assignment is invalid.

    The homeowner and attorney can discuss suing Velocity, the title company and all parties associated with this invalid mortgage.

    If you live in NJ and originated your loan with Velocity Mortgage – and if they named themselves as the originator on all the documents – get yourself an attorney and into court toot sweet.

    It is vital that all homeowners research the validity of their loans. If your loan originated with a company that is not a brand name bank – contact your state banking commission and ask them if the originator was licensed to originate loans. Were they just a mortgage broker, or a banker? What are your state laws?

    The devil is in the details. Assume nothing. Confirm everything with trusted sources like your state banking commission.

    21st July 2012 at 11:28 pm

  89. Novista says:

    MM

    Still keeping up the good work.

    *sigh* And there are people here who still.don’t.get.it! Millions more in ZombieUSA.

    21st July 2012 at 11:30 pm

  90. Mary Malone says:

    @Novista – Thanks for reiterating that the fraud is pervasive and the banks are to blame.

    You’re a great wingman!

    Seriously, tho, I have had my share of knock down, drag out fights with people who insist that homeowners are to blame. Their arguments defy logic. They just refuse to take the blinders off and examine the facts.

    I have come to the conclusion that for these people, the truth is unacceptable because it vastly alters their existing belief system. The emotional investment is just too deep – if they accept the new reality, they could not function.

    Kinda like a normalcy bias, ya know?

    21st July 2012 at 11:52 pm

  91. Novista says:

    MM

    Indeed I do know.

    My approach is, connect the dots. Step by step — in this previous example, I say here is the evidence: can you explain how a defunct organization (Premium) can sell a loan on to the snake? (BoA) Dead is dead (unless Joss Whedon is writing the script. Private joke.)

    Then I would ask, Why do you assume the homeowner is at fault?

    And then I would ask if they are certain *they* have clear title in their instance and how would they react if their ox was gored?

    I think you tried to pass on info to Matt Taibbi, so did I. Not sure who was first, but I guess it doesn’t matter. Him and others in various ways. Got to laugh at Nouriel Roubini and other sites that don’t censor but do moderate comments into the memory hole. I’ve hit others and *crickets*.

    For all the hoo haw about Libor, I think the untold story of the mortgage saga is just as significant — it flew around the world via derivatives, too.

    22nd July 2012 at 8:02 am

  92. Ericka says:

    I am an attorney very interested in doing mortgage/foreclosure fraud work. I truly want to help people stand up against this corrupt system. Although I am in a learning curve, I do have some background in this area. However, it’s VERY important to me that I use this knowledge and experience to assist as many people as I can in their efforts to stay in their homes. I appreciate all of the information you have provided in this post. It is very helpful. I would like to talk with you further, if possible, about being a possible resource for legal assistance in North Carolina. Thanks again!

    22nd July 2012 at 9:42 am

  93. Mary Malone says:

    @Novista – Yes, I think you’re approach is best. Even if people don’t want to see the land title system in America has been destroyed, it’s important to keep having the conversation. Eventually, we may build up a ground-swell of support. For now, it will just have to be the 10% who lead the way and slug it out with the TBTF in the courts.

    That’s our goal – get 10% of all homeowners to investigate their mortgages and take action in the state courts to obtain relief. It may be just enough to tun the tide.

    @Erica Welcome aboard. I’d be delighted to help you anyway I can. Admin has my email address if you’d like to reach out. In the meantime, have you thought about training with Neil Garfield, or Max Gardner? Neil is an attorney with NY security law specialty who identified the fraud back in 2007 and is working to recruit and train attorneys in foreclosure defense. His Blog is http://www.livinglieswordpress.com

    Max Garfield specializes in bankruptcy law and trains attorneys to identify fraud in the Proof of Claim. He lives in North Carolina, has cancer and is scaling back his small workshops. He’s conducting large events to train as many attorneys as possible. So, even if you are not a bankruptcy attorney, I recommend you attend his workshops. He has also has a listserv for all the graduates and I’m told it is a very valuable resource for attorneys who are duking it out in state and federal courts. Info about Max’s boot camps can be found at: http://www.maxbankruptcybootcamp.com/

    No worries, everyone is on a learning curve. Each homeowner we work with is unique and we’re learning all the time. But if you start now, you will get ahead of the pack which is key to carving a niche. We need attorneys like you who are doing this for all the right reasons.

    22nd July 2012 at 4:01 pm

  94. Ericka says:

    Thanks Mary! I’m excited to be connected to you! Thanks also for the resources. I can’t wait to soak up all this info and win some victories! I have already used some of the info in this post to help a client with an upcoming foreclosure sale. Once I dig even deeper and gather even more information, I’m confident I can get the sale stopped, get her clear title and possibly money damages. ;-) What a rush!

    22nd July 2012 at 5:00 pm

  95. Colma Rising says:

    Ericka:

    Good to see a lawyer with the brass cajones… The possibilities for a society benefiting, lucrative practice is just screaming for attention.

    Blaze some trails.

    22nd July 2012 at 5:07 pm

  96. Mary Malone says:

    Here’s another homeowners case with relevant facts that may be helpful to others:

    A NY homeowner originated with Mortgage Lending Network USA in August 2006.

    They have fallen behind on payments and trying to get a modification.

    An Assignment of Mortgage was recorded when they made the modification request in May 2012.

    Only then, in May 2012, did the servicer – Bank of America – request an Assignment of Mortgage. Six years after origination.

    A BOA robo-signer signed as MERS Assistant Secretary. Ho hum. Not much new there.

    But here’s the interesting part –
    The mortgage was a MERS MOM mortgage – meaning it was written as tho MERS was the lien holder. NY is a lien state.

    Mortgage Lending Network USA was not a member of MERS. Therefore, they could not legitimately write a MERS mortgage. Oops.

    There’s more…

    BOA assigned the mortgage from Mortgage Lending Network USA to WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE SASCO MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-MLNI

    Well, Mortgage Lending Network filed for Chapter 11 Bankruptcy in 2007, when Goldman Sachs and Merrill – their Warehouse Lender – pulled the plug.

    BOA cannot grab real property from a bankruptcy estate and assign it to another party. They cannot. Only the judge overseeing the MLN bankruptcy, or the Trustee can issue an order – and then only after getting agreement from MLN creditors.

    There’s more….

    The loan originated in August 2006. The trust is dated 2007. There is no way in hell a loan that originated in August 2006 would make it into a trust dated 2007. The loan must be placed in the trust within 90 days of origination. Not 120 days. The math just doesn’t work.

    I’m on the http://www.secinfo.com/$/Search.aspFind=WELLS+Fargo&R=X&M=X&N=X&I=X&B=X&List=R#Registrants trying to find the trust. No sign of it yet. It’s possible the trust does not exist.

    So, if you find that your loan is purportedly in a trust, be sure to check the dates carefully. It’s not in a trust cause no loans ever made it into a trust – but we can’t just say that in court and expect to win.

    If an Assignment of Mortgage has been filed on your property, start checking for the issues we discuss here. Gather the evidence which is very logic based and present it to the judge.

    Once you get rolling, you’re just a Google search away from peeling back the onion on the fraud.

    @Ericka – So glad you are on board and ready to defend homeowners in NC courts. What Colma said 1000%

    23rd July 2012 at 1:42 am

  97. Mary Malone says:

    @Admin – Thanks for re-posting the article and thread.

    23rd July 2012 at 1:48 am

  98. JazzyjeffasinTom says:

    Some very good info here and some ???????.You gotta weed it out and read between the lines.Prosper law in so cal = bad.Paying your servicer for fraud = bad,until we come together and hit em where it hurts it will not change.Finding lawyers to deal with this and that really get it is close to impossible.You gotta have at the least 10k in your hands just to get going,and for the most part there drivin by the $$$$$$$$$$$$$$$$$$$$$$$$ also.Good luck to all

    23rd July 2012 at 1:40 pm

  99. Mary Malone says:

    @Jazzy:” Finding lawyers to deal with this and that really get it is close to impossible.”

    Yes, I agree. Identifying and educating attorneys is our biggest challenge. That’s why we recommend attorneys who have participated in Max Gardner workshops and who are actively litigating these cases.

    There’s a scarcity of attorneys and the ones who get it charge at least $5k to go to court. That’s an insurmountable hurtle for many homeowners these days.

    It’s a process – all we can do is keep plugging away, educating and encouraging one attorney at a time.

    That’s why we encourage homeowners to dig into the details of their mortgage, gather evidence and organize it in an easy-to-read format. A number of these attorneys can pick and choose their clients. They may feel badly for people whose lives are falling apart, but they may not represent them for that reason.

    Educating ourselves, doing the legwork and providing evidence the attorneys can use to write contesting answers, complaints goes a long way in helping to recruit a good attorney to your cause.

    23rd July 2012 at 11:10 pm

  100. JazzyjeffasinTom says:

    You are 100% correct knowledge is power but people have such a hard time getting there heads around this.I have a 2005 broker originated interest only for 10,Wells Fargo refi thats chocked full of fraud,but not until I stopped paying and sent a QWR did I even realize these things.I never got closing or settlement docs until they sent them and even then I didnt see the bs for a couple of weeks,also Wells swore they originated my loan and held the note,but when I asked about a mod they said they had to go by the “Investor guidelines”.So I turn in the mod docs and you know that sillyness,fax us another this or that all the time knowing there is no one collecting these fax’s,I have written correspondence from Wells with 12 dif points of contact,12 dif people and none of them answer there calls.I will come back to that story but There is something that I didnt see here and as with my “loan” it is a private label securitized loan with a company that has been history since 2008-2009 and in there BK fillings they dispute Wells Fargo’s and US banks claims and list them as unsecured creditors.So Wells records an assingment to said trust in jan of 2012 first assignment and the cut-off date was aug of 2006.Another bit of bs the trust reads “for value”and sites as trustee US Bank as successor in interest to Bank of America as successor in interest by merger to la salle bank as trustee for blahblah co. strange that it closed in 2006 yet B of A didnt merge with la salle till 2007,they are brazen with there fraud and thats only the tip in my case,theres still more drama but my points are that I know of 4 families in my hood that have Wells loans and cant refi,and like me when they have asked about renegotiating there rate to todays rates they get no response and I have tried to get them to understand why that is and they cant imagine that would be possible.So they just feel its there duty to carry on getting f..ked,and these are smart folks 2 lawyers,a producer etc.[and for any haters out there if your home has value ie=equity and your still employed it does not mean you should be screwed over by the banks,and wanting a competitive rate and some ethics from the pretender youve been paying should not be too much to ask for].Ok so its crazy and there brazen,and criminals and they have the backing of United States of America so if we dont take a stand together it aint going to happen.Yes I think state by state,case by case you may see some victories slip by but you can site the landmark cases on one hand=5 fingers so something is wacky,hey Im in for the long haul but its hairy.Lets do this.peace

    24th July 2012 at 5:15 am

  101. Mary Malone says:

    @Jazzy – I’m sorry you have to endure this madness. Sounds like you are getting to the bottom of it tho – are you in court pro se?

    You bring up several key points. Namely, assigning a mortgage into a trust 5 or 6 years after origination is illegal. It violates NY Security Law.

    The mortgage assignments are so late and so random we are convinced that servicers and foreclosure mill attorneys are going to http://www.secinfo.com and taking trust names off the lists and just slamming them down on the assignments and lis pendens.

    Nobody is checking and nobody in law enforcement cares. So why not?

    But their sloppiness and brazen acts of lawlessness are so apparent now, all it takes is one smart judge to unravel their scheme.

    That is why it is key to get into court. If you can’t afford an attorney, go pro se. It’s not perfect, but it’s better than giving up. Once you’re in court, anything can happen.

    Also – if people are broke – that is, have used up their savings to pay for their mortgage, are tapped out, the best course of action is bankruptcy. It holds a stigma for everyday citizens – although corporate citizens embrace it.

    Ironically, the Chapter 13 process is one of the few avenues to clear title. The legal fees are capped at $3500 in NJ, less in other states. You can get rid of unsecured debt, and challenge the “lender” Proof of Claim in an adversarial proceeding. The adversarial will be an addition legal cost, but if its a Chapter 13 the monies can be taken out of the kitty you pay the Trustee.

    Most importantly, it places a wall of protection up around the debtor that allows people to catch their breath and design a plan of action. It’s a powerful weapon against the TBTF and more people should be using it.

    Screw the moral hazard. There is nothing noble about drowning in debt and having your home stolen. None.

    24th July 2012 at 8:10 am

  102. Novista says:

    Oh, the moral hazard justification … bwahahaha … I laugh because the alternate is going Howard Beale. I mean, really …

    If it’s a robosigner, or unknown servicer, or vampire squidling that ‘wins’ the house, will those on the high moral ground feel better about the outcome?

    24th July 2012 at 9:30 am

  103. Anonymous says:

    @Novista the trade association for the TBTF, the Mortgage Banking Association handed in the keys to its big ass headquarters when it went under~water. Didn’t hear a peep about moral hazard then.

    The fact is corporate citizens declare chapter 11 at the drop off a hat. Yet everyday Americans are cowtowed into being dignified debt slaves. Enough.

    Corporate citizens shunned the word bankruptcy cause it was too negative. Better to let the philestines at the hedgerow keep that term.

    Corporate citizens engage in corporate turnaround.

    So I suggest we join our corporate citizens and call it consumer turnaround.

    24th July 2012 at 3:59 pm

  104. mary malone says:

    @Novista the trade association for the TBTF, the Mortgage Banking Association handed in the keys to its big ass headquarters when it went under~water. Didn’t hear a peep about moral hazard then.

    The fact is corporate citizens declare chapter 11 at the drop off a hat. Yet everyday Americans are cowtowed into being dignified debt slaves. Enough.

    Corporate citizens shunned the word bankruptcy cause it was too negative. Better to let the philestines at the hedgerow keep that term.

    Corporate citizens engage in corporate turnaround.

    So I suggest we join our corporate citizens and call it consumer turnaround.

    24th July 2012 at 4:01 pm

  105. Novista says:

    Right on, MM.

    And thanks for reminding me of the MBA building the ~bought~ in 2006 — that will be a nice little vignette in the book I’m working on now, “Embrace the Doom”. Heh.

    24th July 2012 at 10:25 pm

  106. Mary Malone says:

    I just finished a Mortgage Document review for a NJ homeowner who originated with Premium Credit Lending, dba TopDot.

    We talk about the issues in the Assignment of Mortgage earlier in this thread.

    The mortgage was originated in 2009, yet an Assignment of Mortgage is recorded in 2011. The Assignment was created by BOA, the servicer, who assigned the mortgage to themselves.

    On MERS, BOA is listed as the servicer. No surprises there.

    But Hudson City Savings was listed as the investor in the MERS registry. Hmmm.

    We thought Hudson City Savings was a safe bank that shunned investing in fake MBS. We were wrong.

    The moral of the story is there are no good guys in banking. Do not assume your loan is clean or you have clear title if you originated with a credit union, community bank or smaller bank with a clean record.

    Check every fact. Assume there is a problem until you vet all the records and confirm clear title.

    25th July 2012 at 12:04 am

  107. Mary Malone says:

    An important tip for NY homeowners.

    In NY state, “lenders” can dodge paying the land transfer tax – which averages about $4k if they cite a notation on the Assignment of Mortgage that is recorded in the county registry.

    Go the the county registry, look up your mortgage and check to see if an Assignment of Mortgage with the following language has been recorded on your property. The language you’re looking for will read:

    “This assignment is not subject to the requirements of Section 275 of the Real Property Law because it is an assignment within the secondary mortgage market.”

    What does this mean?

    It means your loan was fake securitized and the “lender” got a passaroo on paying transfer tax.

    Why is this important?

    These “lenders” are marching into Federal Bankruptcy court, filing Proof of Claim that they are the true creditor and your mortgage is an old-fashioned loan. They are not naming the trust your mortgage is purportedly in. They are pretending it is not securitized. They are lying.

    These “lenders” are also hiding the fact that a mortgage was securitized in foreclosures. They waltz into state court, present the original mortgage – maybe they originated, maybe they didn’t – the Note which may be endorsed in blank or not endorsed to them at all – and the Assignment of Mortgage.

    Assignment of Mortgages are ONLY created and recorded in the registries when legal action is about to commence.

    So, say you originated your loan with Countrywide. Bank of America is your servicer. You request a modification or start to fall behind in payments. An Assignment of Mortgage will magically appear in a NYS Registry. The Assignment of Mortgage features the NYSRPL Section 275 exemption.

    Countrywide assigns the mortgage to Wells Fargo.

    Wells Fargo sues you for foreclosure. They have just the bank name – Wells Fargo on the Lis Pendens and documents.

    Show the judge the Section 275 language on the assignment and say,
    “Your honor, I’m confused. Bank of America claims that my loan was securitized on the Assignment of Mortgage, and as a result they did not pay NYS transfer tax of X$. Yet, in your court room, Wells Fargo is pretending its an old-fashioned loan.

    If they really deserved to be exempted from NYS transfer tax, then the party suing me for foreclosure should be the name of a trust. It’s not. Either it’s securitized or it’s not. It can’t be both.”

    Wassup, Judge?

    Very few people have picked this up. It is an important piece of evidence that will carry a great deal of weight with the courts, because it was created by the fake lender and recorded in the registry. It is official. It is fraud.

    26th July 2012 at 6:19 pm

  108. Mary Malone says:

    A note to all attorneys who are representing banks and fake trusts:

    You need to drill down and learn about the fraud. You are being used and your licenses are on the line.

    I visited an attorney representing a fake trust this week with a friend who is being sued for foreclosure.

    We traveled up to Kennebunk Maine from NJ.

    The attorney seemed like a really honorable man. He allowed us to inspect the original note, along with the original mortgage and Assignment of Mortgage.

    You could tell he believed he was doing the right thing and his client had a legal right to foreclose on the property.

    But here’s the thing. The transaction is riddled with fraud. The attorney does not have a clue.

    The homeowner originated with Countrywide in April 2003. One week later, Countrywide created an Assignment of Mortgage. Countrywide assigned the mortgage directly into a fake trust. The name of the fake trust is: The Bank of NY Trustee under the Pool Servicing Agreement Series 03-30 at 101 Barclay Street, NY, NY 10286 Trust MBS.

    We found the Pool Servicing Agreement for Countrywide MBS with BONY as Trustee for the time period and there was only 1 loan in Maine listed in the Trust. The loan listed had a mortgage for $350K, my friend’s mortgage is $76K. We also contacted the Trustee, spoke with the BONY Chairman’s office who told us that her loan was not in the trust.

    And, the loan closed the end of April, past the Trust cut-off date. It simply could not have made it into the Trust.

    Lastly, it is a violation of NY Security Law to assign a mortgage directly into a Trust. There should have been 4 Assignments of Mortgage, along with 4 endorsements on the Note. Those documents do not exist – further backing up our claim that there are no mortgages to back the MBS.

    If you are an attorney representing a fake trust, or bank you can and will be sued for fraud. You will eventually lose your surety bond, or pay a much higher fee for errors and omissions insurance.

    Ask yourself if the loss of your license and livelihood is worth the risk.

    28th July 2012 at 11:05 pm

  109. Rick Anderson says:

    Hi Admin, I need Mary Malone to send me mail at [email protected] please

    1st August 2012 at 12:24 pm

  110. Administrator says:

    Rick

    I forwarded your email address to Mary.

    1st August 2012 at 12:35 pm

  111. Mary Malone says:

    @Rick I just sent you an email – I’ll be glad to help you any way I can.

    Thanks Admin!

    1st August 2012 at 4:57 pm

  112. Mary Malone says:

    A note for all homeowners who have lost their foreclosure cases by default (haven’t shown up to fight it), or have lost duking it out in the courts: (judicial and non-judicial states)

    If a Sheriff sale of your property is looming, it is not too late. In NJ, which is is a judicial state, the sheriff is required to place an ad, announcing the sale of a specific property in local newspapers for a number of consecutive weeks. Under NJ statutes, he is required to state in the ad whether or not there is a defect(s) in that property’s title.

    Well, “Hello.”

    There is almost always a defect in title – and the Sheriffs do not reveal it in the ads.

    If your property has MERS in the chain of title, if you originated with Countrywide, if your property has a fake trust in the chain you have clouded title, you should get to the judge and sheriff and ask for a stay. You really need an attorney at this point – so find one who is willing to make this very simple argument.

    There are over 70 ways a defect in your chain of title can occur. The odds are in your favor.

    Follow the instructions in this post by reviewing our documents in the county registry for your property’s entire chain of title – not just the current mortgage.

    Attorneys representing homeowners whose property is about to hit the auction block need to drill down in this area. They can stop nearly all sheriff sales in their tracks.

    2nd August 2012 at 9:50 am

  113. Mary Malone says:

    A note on the original Promissory Note.

    We recommend you demand to view the original Promissory Note with the “wet ink” signature when you receive the response to the QWR letter.

    If the servicer tells you the Note is in their custody in another state and cannot be sent, tell them you want it sent to an attorney in your area, where you can personally view it.

    Here’s what to look for:
    -The original Note will have your original signature. They call it “wet ink” so that you can feel the raised ink on the page – no photoshop docs allowed.
    -It should also have the notary’s seal, raised or wet ink
    -Ask the “lenders” attorney, who will be in the room with you during the viewing, if they have ever spoken to any of the parties whose signatures are on the note. Have they confirmed the signers titles, do they know for a fact who the signers worked for? You’re just making them nervous – which is a good thing..
    -Ask the attorney if there is an allonge – additional page added to the note after you signed it.
    This is important because you want to lock them in and deter the attorney from marching into court at the 11th hour with the allonge, conveniently featuring an endorsement to their client. Many cases have been lost this way…
    -Be sure to carefully examine the front, back sides to make sure there are no additional endorsements.
    -Check the endorsement and all info on the original note with the copy from your closing docs. Are there any noticeable differences?
    -Obtain a copy of the original notes for your files – review it again and again to determine if there is anything askew

    Your goal in viewing the original Promissory Note is to determine if it is the real deal, and lock the “lender” into that document.

    If your loan was fake securitized, there should be 4 endorsements stamped on the original Note. There should also be 4 assignments of mortgage. Both the endorsements and the assignments should all be dated within 90 days of origination (date you closed the loan).

    If your note has 4 endorsements and 4 assignments in the file – alert the media. You will have the only mortgage in America that was lawfully securitized.

    4th August 2012 at 12:44 am

  114. Mary Malone says:

    A quick thought about Notaries.

    All or most of our mortgage documents are notarized. Be sure to check every notary signature, their stamp, and the county/state where their license applies.

    Step 1 – Look at the signatures of the “officers” the notary is attesting to- usually an Assistant VP, Assistant Secretary. Find out where they work – the name of their employer and the office they are located in. Google their names, title and MERS, name of company that is on the documents until you find them. Check out LinkedIn, look up public records to see where they live. Do they have a Facebook page? You’re looking for evidence that these “officers” live/work in the same county as the notary.

    Step 2 – Use Google Maps to locate the address of the company where the “officers” work. Do a building look-up – a list all tenants in the building. See if the “lender” or company the “officers” work for is located in the building. If you do not see the company name in the directory, call one of the tenant companies and ask them if the “lender” is in their building.

    We did this and found that the “lender” did not have an office in this building at the address they cite on the mortgage docs. Or, the suite number doesn’t exist.

    Step 3 – Drill down on the notary. Conduct Google search to determine if their signature on your docs matches their signatures on other documents filed at various county registries. Who does the notary work for? Do they sign documents using another title such as Asst. Secretary? If so, what companies are they signing for?

    Step 4 – Contact your state office that oversees notary licensing. Confirm they are licensed in the state that is indicated on the stamp, or where the signing is supposed to have occurred.

    If you find fraud – you can file civil and or criminal charges against the notary. Check out the notary laws for your state. Find out if they are required to keep a log of all the documents they have notarized. You could request this in discovery.

    In NY and NJ, notaries are held to a very high standard. If it is determined they had a conflict of interest, or committed fraud, they may be liable for damages. If the notary works for a large bank, law firm or document mill their employer will have errors and omissions insurance. Could be a good avenue to recover damages.

    4th August 2012 at 1:23 am

  115. FBD says:

    “HSBC refuses to participate in HAMP, or any other government-sponsored home modification program.” — by Mary Malone

    I appreciated you followup explanations as to why.

    However, please be aware that HAMP and its offspring are all VOLUNTARY. There is no requirement whatsoever required by HAMP “laws” forcing a lender to do a modification. The HAMP “laws” have zero punitive action against the lender for failing to modify a loan … even if the homeowner qualifies.

    To summarize, HAMP is a goddamn joke.

    4th August 2012 at 9:45 am

  116. FBD says:

    This thread deserves to be in the TBP Hall of Fame.

    Mary Malone is doing all an EXCELLENT service!! But … may I just add this word of extreme caution;

    Yes, I suppose it is perfectly OK to get started on your own. Yes, write the QWR and gather all the documentation you can. Do-it-yourself is fine, up to a certain point.

    BUT, should it go so far as to an actual court date — GET A LAWYER!!!!! You do NOT want to stand in front of a judge representing yourself. That is simply assinine, imho. The high priced corporate lawyers will tear you to shreds 999 out of 1,000 times. They will kick your ass on something as simple as Procedure. I know because I’ve been there.

    “A PERSON WHO REPRESENTS HIMSELF IN COURT, HAS A FOOL FOR A CLIENT.”

    4th August 2012 at 9:53 am

  117. FBD says:

    @Mary Malone

    Sorry, I forgot to add.

    I am not suggesting that you are advocating going to court alone. Throughout your post you reference the use of attorney’s.

    I just want to make sure the super smart, super aggressive readers here on TBP don’t get carried away by thinking they just qualified to represent themselves by taking/reading the Mary Malone Attorney Home Study Course.

    I’m sure you agree.

    4th August 2012 at 9:58 am

  118. FBD says:

    Hey, Shit Throwing Monkey

    Everyone is entitled to their own opinion, so I am normally hesitant to give free advice.

    But, today I am making an exception.

    This+_882ec367ee8554d9bf627a6d0a0c9601.jpg

    4th August 2012 at 10:05 am

  119. FBD says:

    626a4439c5c0f0ef154f87ef379921ef.image.120×120.gif

    4th August 2012 at 10:05 am

  120. FBD says:

    Fuckme.

    Well, I guess pics that say “STOP BEING A DICK” simply won’t post in wordpress.

    4th August 2012 at 10:06 am

  121. Mary Malone says:

    @FBD “I just want to make sure the super smart, super aggressive readers here on TBP don’t get carried away by thinking they just qualified to represent themselves by taking/reading the Mary Malone Attorney Home Study Course.”

    Absolutely correct, FBD. All homeowners need to find/retain competent counsel who understand fake securitization or at a minimum are willing to learn.

    The attorney fees for a QWR letter are about 2 hours of billable time – $750 in NJ. Most NY/NJ attorneys charge $375 hour. So, the more a homeowner can do to prep their attorney with evidence of the fraud – the more money you will have to retain competent counsel. The attorneys just don’t have the time or ability to conduct this research on their own. But once a homeowner knows where to start – MERS, Fannie, Freddie Look-up, QWR letter, they are off to a really great start.

    Much of this sleuthing takes time. The more investigative work a homeowner does on their own, the stronger their claims against TBTF will be.

    In fact, everyone should plan to spend 30 days – time it takes for QWR answer to arrive – to research the names of attorneys and interview the ones you would like to work with.

    I have heard countless horror stories from homeowners who retained an attorney in a panic and woud up losing their cases because the attorney didn’t file the contested answer properly or was in so far over their heads valuable time and opportunity was lost.

    In those cases, it would have been better for the homeowner to file pro se.

    So, the moral of the story is to retain the best counsel you can – and manage them and the process. You and your attorney should be a team. If you know the fraud and he/she knows the law, you will have a very good chance of obtaining real relief in the courts.

    Thanks for giving me the opportunity to re-iterate need for counsel FBD.

    4th August 2012 at 12:42 pm

  122. Mary Malone says:

    A note to everyone who uncovers fraud in their mortgage investigations:

    Be sure to file a formal complaint with your State Attorney General. Call their office, tell them you want to file a complaint against your “lender” and request a form.

    Fill out the form, attach your evidence. Send it back, certified mail, return receipt requested. The AG will open an investigation.

    We have found that the AG’s who are elected – as opposed to appointed – are extremely diligent in following up these complaints.

    The AG staffer – usually an attorney – will contact you and at some point ask you what you want. Here’s my humble suggestions:
    -If you are being sued for foreclosure, or are in bankruptcy, ask or have your attorney ask the AG to file an Amicus brief. This is Latin for “Friend of the court.” The AG’s brief to the court will detail the findings of fraud and support your claims. It’s a very powerful weapon. Use it.
    -If you found your loan is securitized but the TBTF refuses to tell you the name of the trust, tell the AG you want that info. They have a club you don’t and can you it to obtain the info about the trust.
    -If your “lender” committed predatory lending violations report that as well. Each state has its own Consumer Fraud laws that punish lenders for these kinds of infractions.

    Remember, the MBS fraud is institutionalized. So be sure to use the government institutions to the max in order to obtain real relief in the courts.

    Once again, thanks to Admin for putting the post back up.

    4th August 2012 at 1:00 pm

  123. Mary Malone says:

    To all homeowners who uncover evidence that a GSE – Fannie, Freddie, Ginnie own your note – check out this new info on a “decoy assignment.”

    Attorney Tom Cox was interviewed by Mandelman, a foreclosure defense attorney. The podcast interview starts at the 6 min. mark.

    Mr. Cox is the Maine attorney who uncovered what came to be known as robo-signing in 2010.

    Today, he has news regarding GSE – owned loans. Fannie, Freddie and Ginnie do not foreclose in their own names. It’s spelled out in their 1100+ page guidelines.

    Mr. Cox uncovered evidence that applies to about 20% of all GSE loans – a missing intervening assignment from originator to Fannie/Freddie/Ginnie is created, but not recorded.

    But, the originator DOES create and record another assignment, which Mr. Cox has dubbed a decoy assignment. This assignment is created to fool the court into thinking that there was a real transfer of interest in the property to the TBTF who sues the homeowner for foreclosure.

    It’s all a ruse. And in the end, the taxpayer is going to foot the bill.

    Be sure to listen to the interview. All homeowners and their attorneys MUST demand the collateral file and ALL unrecorded assignments in discovery,

    http://s3.amazonaws.com/iehi-video-mli/mandelman/Tom_Cox_on_the_Decoy_Assignment-3.mp3

    5th August 2012 at 6:47 am

  124. Novista says:

    Crikey, Mary. It’s like an onion, each time you peel a layer you find a new scam.

    5th August 2012 at 8:05 am

  125. Mary Malone says:

    @Novista It’s absolutely amazing, isn’t it?

    The fraud just goes on and on and on. There is no end in sight.

    I hope this strand gives homeowners and attorneys the motivation to roll up their sleeves and start digging through the mortgage documents to flag the fraud. And to take the fight to State and Federal courts.

    Everywhere we look we find fraud. Everywhere. Major, major issues that cloud title and challenge fake lenders standing.

    If I were an attorney, I would rock.

    There is a fantastic business here with a huge revenue stream. Think about it. If an attorney wrote 5 contested answers a week, using the evidence gathered by the homeowner in their investigation – and charged $1k per answer, that’s $5k a week, $20k a month in revenue without ever stepping into court. Think about the number of people they could help and the case law they could make.

    There’s a huge opportunity here that will last for the next 100 years.

    5th August 2012 at 11:09 pm

  126. Mary Malone says:

    In this post we talk a lot about strategies a homeowner’s attorneys can pursue in crafting a foreclosure defense strategy.

    But what about the homeowner who is current on their mortgage and the fraudulent information about their loan is not apparent?

    IMHO – poke away.

    We held a mortgage fraud workshop last week. Most people were current on their mortgages, so there were no bogus assignments of mortgage recorded n the public registry. No fake trusts suing them for foreclosure.

    I reviewed the mortgage docs for one homeowner who received multiple notices withing 90 days of origination that their loan was “sold”. Yet, there were no assignments of mortgage. His servicer is PNC.

    He did a MERS, Fannie and Freddie look-ups. His mortgage was listed on the MERS registry. And Fannie

    6th August 2012 at 6:59 am

  127. Mary Malone says:

    Ugh. Sorry about the break – here’s the rest of the post….

    The Fannie look-up showed his property was insured by Fannie Mae.

    He called PNC to obtain the info on where to send the QWR letter. The PNC customer service rep flipped out. Refused to provide him with a name and address for the individual/department that answers QWR letter. He kept pressing and refused to take, “No” for an answer.

    The result?

    The PNC rep blurted out, “I don’t know if I can give you this information. We need to get permission from the investor.”

    Bingo.

    Now the homeowner has credible evidence his loan was fakes securitized, where there was none. He can quote the PNC rep in all of his letters. When he retains an attorney, they can include this utterance in their complaints and briefs.

    He wrangled a department name and address from the PNC rep. He’s sending the letter and if the response does not include the name of an investor, or trust, he can file a complaint that PNC violated RESPA.

    I think he will get the investor name. Then, he’s off to the races, following the trail where-ever it leads.

    6th August 2012 at 7:09 am

  128. Mary Malone says:

    Okay guys, listen up.

    BOA is folding their foreclosure tents. I have heard a number of first-hand accounts in the past several days that confirm we are about to win this fight. To wit:
    -A Maine homeowner, sued on their first and second Countrywide mortgages by BOA with fake trusts listed on Lis Pendens, cancelled the foreclosure on her second mortgage after she demanded the attorneys for BOA fake trust sign an affidavit attesting that there was no fraud in the mortgage transaction. BOA changed law firms four times.
    -Today, she received a letter from BOA that said they are forgiving her $147k second mortgage. Gone. Kaput. No legal action, no surrendering future claims. Nada.

    We traveled to Maine and viewed the Promissory Note for the first mortgage of $76k in BOA attorney’s office. The attorney was a nice man. Too bad his client is a crook.

    We traced the fake trust and contacted Barclay’s Bank CEO, who told the homeowner her mortgage was NOT in the trust. So, she’ll win that lawsuit too.

    Please start the MERS, Fannie, Freddie searches and send the QWR letters out ASAP.

    Especially if you have Bank of America or Countrywide as your pretender lender. We can do this. We’re restoring the rule of law, one home at a time.

    6th August 2012 at 9:45 pm

  129. Tree says:

    Mary, could you please let me know if you have any good attorneys in NC that help me? I was originated by Countrywide in 2007 and have been fighting with BOA since they took over. I am behind and need help fast. Thanks!

    8th August 2012 at 3:14 pm

  130. Tree says:

    Ericka in NC, I would love to talk to you too!

    8th August 2012 at 5:23 pm

  131. Mary Malone says:

    @Tree Max Garnder holds Boot Camps for attorneys. He’s top notch, located in NC. There are a number of grads listed in this link. They all are educating themselves on how to detect MBS/foreclosure fraud. If I were you I would start with this list. Many are Bankruptcy attorneys, but others do litigate in state courts. Just start dialing….

    Yes, contact Ericka too.

    http://www.maxbankruptcybootcamp.com/find-graduates

    If you have obtained your mortgage records from the county registry, I’ll help you identify the fraud. Admin has my email address – just send me a note and I’ll be glad to help.

    8th August 2012 at 7:31 pm

  132. Mary Malone says:

    OK, another success story from the battlefield….

    We’re assisting a homeowner who is being sued for foreclosure by Wells Fargo, yet her lender is identified as a HSBC Nomura Trust in the QWR. Hmm.

    Today, my friend – the Maine homeowner who got BOA to forgive her 2nd mortgage – accompanied the homeowner to a mortgage modification seminar held at the Meadowlands in NJ.

    They approach Wells Fargo exec who is staffing the booth and expecting them to beg for a deal.

    Well, was he in for a surprise.

    My friend, who is a licensed banker, shows the WF exec an assignment of mortgage featuring the signature of an alleged WF VP.

    Then, she shows him an assortment of mortgage documents with the WF VP’s signature, only he has a title of Assistant Secretary.

    Not content to leave it there, they called WF before their trip to the Meadowlands and asked to speak to the WF VP signer. He wasn’t available, but they did get a confirmation of his title – which was not VP, or Assistant Secretary. It was coordinator.

    So, she asks, was the VP demoted to a coordinator in a 6 month period?

    Was my friend done? Nope.

    She then proceeds to ask the WF exec about the missing Assignment of Mortgages – there should be at least 3 recorded in the NJ registry.

    He looks over the docs and says, “Excuse me. I need to contact our Chairman.”

    He comes back 10 minutes later and says, “What do you want?”

    My friend says, “I want you to extinguish this homeowners lien.”

    He gives them the Chairman’s contact info. They are setting up a conference call with the homeowner and her attorney.

    It’s not a done deal, but it looks like this homeowner will be able to negotiate a substantial principal reduction or get the loan forgiven and the lien extinguished altogether.

    We’re seeing this again and again. I understand it is hard to believe but it is true.

    Homeowners who have a clue and show up asking tough questions are winning the battle.

    Go for it. Poke them and see what reaction you get.

    My guess is if you follow the steps in this post the bank is eventually going to come back and say, “What do you want?”

    8th August 2012 at 7:51 pm

  133. Novista says:

    + googolplex for Mary

    (you do know what a googolplex is?)

    http://www.googolplex.com/

    8th August 2012 at 8:38 pm

  134. Mary Malone says:

    @Novista Thanks!

    It is very encouraging to see these kinds of results. But we need many more homeowners to get into the game.

    Far too many Americans have given up. They are demoralized and their lives are in ruin. It simply does not have to be this way. Fighting is good for the soul.

    I sincerely hope more homeowners and attorneys start the process we’ve outlined here.

    They have everything to gain – and nothing to lose. Which of course, makes us very dangerous adversaries against the cronies.

    Let’s make the Bernack cry all the way to the gallows, shall we?

    8th August 2012 at 9:57 pm

  135. Tree says:

    Admin, will you please email me Mary’s email as per her post so i can contact her regarding my docs? Thanks! ;-)

    9th August 2012 at 9:50 pm

  136. Administrator says:

    Tree

    Done

    9th August 2012 at 10:04 pm

  137. Novista says:

    Mary,

    I happened on some website, really forgettable, except they were slamming Neil Garfield. Just because they were talking their own book (and business model) doesn’t make them wrong, eh?

    Why, they have all manner of experts in all aspects of mortgages, from appraisals onward.

    Sheesh.

    9th August 2012 at 11:16 pm

  138. Tree says:

    Admin, I haven’t received it. Sorry. Can you resend?

    9th August 2012 at 11:32 pm

  139. Administrator says:

    Tree

    Send me an email at [email protected] so I know I have the right email address.

    10th August 2012 at 7:49 am

  140. Rick Anderson says:

    Mary Malone has worked patiently with me to uncover next steps and possible gaps in my mortgage with BoA. She has educated me on the gaps and answered each of my questions. She works tirelessly and deserves our gratitude. Thank you Mary, I will be updating you soon on my QWR results!
    Anyone aware of Washington State attorney’s who “get” the fight we are up against? I need to start interviews!
    Thanks again Mary, you are a great blessing to me!

    10th August 2012 at 10:50 pm

  141. Mary Malone says:

    @Rick – Thanks so much for the kind words. We’re in this together and many TBP regulars are contributing too. Admin is donating valuable real estate to the cause – thank you!

    The search for a capable attorney who knows the fraud or at least is willing to break away from the pack and argue these cases is the toughest part, IMHO.

    One way to identify counsel is to look-up foreclosure defense case law in your state. Read the briefs and court decisions and then contact homeowner attorneys who are winning these cases.

    Also, the state legal aid society may have a handle on retired attorneys who are taking these cases and looking to make case law and help homeowners obtain real relief in the courts. Money won’t mean so much to them either, so their fees may be more reasonable.

    You’re off to a really great start, Rick. Let’s stay in touch!

    11th August 2012 at 12:08 am

  142. Brian says:

    @Mary

    “You can also send a request to MERS for the Milestone Report today. That has no connection to the QWR.

    Here is the contact person to inquire about you MERS Milestone Report.
    Claire Catalano
    Product Performance Specialist
    MERSCORP Holdings, Inc. |1818 Library Street, Suite 300 |Reston, VA 20190
    Phone (703)738-0229 | Fax (703)748-0183″

    Quick question for you. What do I need to include for the request? Just my property address and name on the title of the house for them to get me this report?

    Thanks again.

    13th August 2012 at 9:10 am

  143. Mary malone says:

    @Brian Great question. Just send your name, property address,
    and if you have it the MIN number, which would be printed on the first pages of your mortgage or Deed of Trust that is recorded in the local registry.

    I hope they provide you with the report. We’re getting, “Contact your servicer” as the response. But if they refuse to provide you with the Milestone Report, print out the email and submit it as evidence when you file a lawsuit against the fake lender. It will show the judge you are making every attempt to find your lender.

    13th August 2012 at 8:38 pm

  144. Mary malone says:

    @Admin, Thanks for providing Tree with my email. We connected and she is on her way….

    13th August 2012 at 9:16 pm

  145. Brian says:

    Thanks I’ll send it off. I’m guessing I will get a “contact your servicer” type response as my mortgage doesn’t even show up on MERS.

    14th August 2012 at 1:39 pm

  146. Mary Malone says:

    We’re getting some interesting responses to the Qualified Written Request letters from Wells Fargo.

    They are sending homeowners a set of the closing docs – Mortgage, HUD, disclosures and copy of the note as it appeared at closing. Not bad, but no info on the identity of the investor.

    But they are also including language in their response which says, “If you want any additional documents, you will have to send us a subpoena.”

    We humbly suggest you take them up on their offer.

    The QWR letter is a component of RESPA, federal lending laws to protect consumers that were strengthened in Dodd-Frank. So, this law has teeth. Well, as much bite as any law can have these days that applies to the cronies and not the philistines. Sigh.

    In NJ, we have to request a subpoena from a state judge. The judge may not be wild about issuing subpoenas to homeowners if they think we are on a fishing expedition. But, if Wells Fargo is treating RESPA this way, a judge may take note and agree to your request.

    So if Wells Fargo is your servicer and you have sent, or plan to send a QWR letter to them, take note and be prepared to take this process one step further.

    This is definitely not for the faint of heart.

    16th August 2012 at 1:55 am

  147. Mary Malone says:

    I’m working with a number of homeowners who originated their loans with Countrywide. Here’s some more info for all homeowners who have Countrywide loans and helps explain why they are foreclosure-proof:

    In sworn testimony in the Kemp v Countrywide case, NJ 2010, attorney for homeowner, Bruce Levitt questioned Linda DeMartini, Countrywide executive on the path the Promissory Notes took when the loans were “sold” on the secondary market. The relevance of the case is summarized here:
    http://www.zerohedge.com/article/kemp-v-countrywide-case-will-bring-down-bank-america-and-rmbs

    More here: http://www.scribd.com/doc/43582702/101116-Kemp-v-CountryWide-NJ

    Background on the case and what it means to homeowners in this podcast interview between Mandelman and Bruce Levitt: http://s3.amazonaws.com/iehi-video-mli/mandelman/A1-Final_Bruce_Levitt_Podcast.mp3

    The DeMartini transcript about the custody of the notes here: http://stopforeclosurefraud.com/2010/11/23/must-read-full-transcript-of-kemp-v-countrywide/.

    16th August 2012 at 1:59 am

  148. Mary Malone says:

    We’re working with a NJ homeowner who originated with Countrywide. Six years after origination, his mortgage was assigned to:

    U.S. Bank as Trustee for BS ARM Trust, Mortgage Pass-Through Certificates Series 2003-9, residing or located at 475 Crosspoint Parkway, Getzville, NY 14068

    Now, the biggest problem is you cannot assign a mortgage into a trust 6 years after origination. Especially if the trust has a cut-off date of December 1, 2003.

    In addition to that major issue, there is another problem. The address of the purported owner of this homeowner’s note is bogus. Bank of America is located at the Getzville office. There is no trust by this, or any other name located in the building. We know this because we called and spoke to a BOA Admin.

    Now, this address appears on the foreclosure complaint. In NJ, we have the Fair Foreclosure Act which requires the “real lenders” name and address on the complaint. Oops!

    We found the pool Servicing Agreement and the Trustee is identified as US Bank with an address in Boston MA. Not Getzville NY.

    They are sloppy, arrogant criminals. If you check the details, you will catch them in multiple lies that are frozen on official documents recorded in the registry.

    So be sure to check every single “fact” that is printed on your mortgage documents. This is evidence of fraud that any judge will understand.

    16th August 2012 at 2:09 am

  149. Mary Malone says:

    They’re Baaack….

    Ocwen to securitize FHA mortgages

    A special vehicle put together by subprime mortgage servicer Ocwen Financial Corp. ($24.38 0.29%) plans to acquire government-backed loans soon and package them into bonds for investors.

    Ocwen and its former asset management firm Altisource built Correspondent One last year. The vehicle will buy mortgages originated by Lenders One, which Ocwen estimates wrote 8% of all home loans in the U.S. last year. Lenders One is a national alliance of mortgage bankers, correspondent lenders and suppliers of mortgage products and services.

    Correspondent One will also acquire Federal Housing Administration mortgages soon for future securitizations, Ocwen disclosed to investors in its second quarter filing. Currently, roughly 98% of FHA loans are securitized through Ginnie Mae bonds.

    The company said Correspondent One acquired roughly $17 million in conventional loans from Lenders One in the first half of 2012.

    “Correspondent One has seen significant, positive environmental changes in the correspondent lending market. There has been a contraction in correspondent lending,” Ocwen said, alluding to recent exits by Bank of America ($7.91 0.035%), Ally Financial and others.

    In July, Ocwen also began setting up agreements to purchase servicing on newly originated loans. Under the arrangements with undisclosed firms, lenders would sell the loan to either Fannie Mae or Freddie Mac or issue a Ginnie Mae security backed by FHA loans. The servicing on those loans would automatically transfer to Ocwen.

    The company serviced nearly $128 billion in mortgages as of June 30, nearly double the $70 billion portfolio it held one year prior.

    The funding pipeline for Correspondent One and these special arrangements reached nearly $195 million at the end of July, Ocwen said.

    Ginnie may raise its minimum net-worth requirement for issuers of its FHA-backed mortgage bonds, American Banker reported this week. Smaller lenders are becoming shut out and could turn to more creative and private deals like the one Ocwen has set up in order to fund their new loans.

    [email protected]

    16th August 2012 at 1:34 pm

  150. Novista says:

    One for Mary

    http://www.economonitor.com/blog/2012/08/how-to-beat-vulture-debt-collectors/?utm_source=contactology&utm_medium=email&utm_campaign=EconoMonitor%20Highlights%3A%20Let%20the%20Real%20Games%20Begin

    How to Beat Vulture Debt Collectors
    Yves Smith

    “For those not familiar with this dark underbelly of the credit markets, these vultures buy consumer debt from banks (mainly credit card receivables) that the bank has written off. That means they don’t think it’s worth pursuing.”

    ~

    “Most of the time. it’s worse than that: the debt was never owed (they are going after the wrong person), the debt was paid off or discharged in bankruptcy, the statute of limitations has long passed.”

    ~

    “The buyers of this debt pay pennies on the dollar and treat it like a lottery ticket. They sue, but have NO intention of spending any money on the case beyond making that filing. Their fond hope is that the borrower fails to respond, and they win a default judgment. With that in hand, they can garnish wages or bank accounts.”

    ~
    (quote from another article)
    “Revealing the defects in these documents does not require a deep background in consumer law. It just requires a cup of coffee, your undivided attention, a yellow highlighter, and a red pen.”
    (sound familiar?)

    ” … fewer than 1% of the consumers who respond in court are represented by counsel, and that they are typically not treated equitably, since debt collectors have convinced many judges that borrowers are deadbeats and that the rules of evidence don’t hold in small claims … ”

    There’s more meat in the article. Recommended.

    21st August 2012 at 6:28 pm

  151. Mary Malone says:

    @Novista – Thanks for sharing the excerpts from the article.

    Very few people realize that the MBS fraud has morphed into a business model that has been replicated for credit card, auto and student loans.

    They are not just selling the credit card receivables to vulture firms who sue the consumers, they are also bundling all this bad debt into Asset Backed Securities or ABS. These instruments, like the MBS are rated AAA. So pension funds and insurance companies have gobbled them up since the 2008 MBS implosion.

    But there is no debt to back the ABS. Just like there are no mortgages to back the MBS. Same scam, different spin.

    And since they own every body of Federal and often state government, they can continue to rape and pillage with impunity.

    21st August 2012 at 11:45 pm

  152. Bobbalooee says:

    Thoughts…property is in FL, original mortgage with Shorefront Ventures which was recorded. No assignment to new lenders and no satisfaction recorded. So basically there is 3 mortgages showing up in search. SunTrust is claiming they own but hold forged docs. The loan was assigned from SunTrust to RCS then asigned back from RCS to SunTrust yet this assignment is not recorded. Title company that handled closing is no longer in business..Shorefront is no longer in business and is dissolved. Somehow, SunTrust has over 20K in Escrow in which they are paying taxes and insurance. Going on 5 years now. They filed suit in Oct 2007…final judgement issued in Aug 2009..then they cancelled the Foreclosure Sale in Sept 2009. Refiled in Jan 2010 and seem to be stalling. Lack of Prosecution filed and all they responded with was Lead of Counsel and Debtor Discharge in BK. I was discharged in Ch 7 BK in April 2008. Also, SunTrust has record on MERS of 2 mortgages showing as Invaild. What does that mean? When I have spoken to SunTrust they tell me I have 1 loan??? This is all too confusing. Any advise would be appreciated

    22nd August 2012 at 12:13 pm

  153. Mary Malone says:

    @Bobbalooee: I’ll try to help. Just have some questions – need clarification on the following points:

    So if I understand you correctly your property is in Florida and you originated the mortgage with Shorefront Ventures. The mortgage was recorded in the county registry? Is Shorefront identified as the lender in your mortgage documents?

    Question: Was this a MERS mortgage? Is there language in the mortgage that says something like, ” MERS is the beneficiary…?”

    You say there are 3 mortgages that show up in the search. What database are your searching? Are you talking about the county registry, or MERS look-up?

    What documents were presented that tie SunTrust to the property? Are you saying there is no assignment from Shorefront Ventures to SunTrust?

    This info will help me understand what the issues are and let’s see if we can sort it out, OK?

    22nd August 2012 at 9:11 pm

  154. Mary Malone says:

    Boy, Shorefront Ventures is a company with a colorful past….

    By TBO.COM | Staff
    Published: October 29, 2010
    TAMPA A man involved in a mortgage scheme first uncovered in a Tampa Tribune investigation four years ago has agreed to plead guilty to federal charges of conspiracy to commit wire, mail and bank fraud. Chad Evans’ Clearwater companies, Shorefront Ventures LLC and Tye Funding LLC, were used to lure “straw buyers” to participate in fraudulent mortgage transactions, according to court documents.

    A straw buyer is someone who buys something on another’s behalf.

    Fifty properties were bought and illegally flipped, for a loss to lenders of about $6.9 million, the government says.

    The charges carry a maximum sentence of 30 years imprisonment, a fine of $27,496 and supervised release of not more than 5 years. Evans’ lawyer did not return phone calls in time for publication.
    http://www2.tbo.com/business/breaking-news-business/2010/oct/29/man-pleads-guilty-in-multi-million-dollar-mortgage-ar-19824/

    22nd August 2012 at 9:17 pm

  155. Mary Malone says:

    You’re on a roll, Bobbalooee

    Department of Justice
    Office of Public Affairs
    FOR IMMEDIATE RELEASEThursday, May 31, 2012
    Justice Department Reaches $21 Million Settlement to Resolve Allegations of Lending Discrimination by Suntrust Mortgage
    Borrowers Were Charged Higher Fees Based on Their Race or National Origin in 2005-2009 Before the Company Implemented New Policies
    http://www.justice.gov/opa/pr/2012/May/12-crt-695.html

    22nd August 2012 at 9:33 pm

  156. Bobbalooee says:

    @Mary can you email me at [email protected] so I can respond with the information you requested? Thanks for the articles. I was aware of the Tampa article but not the SunTrust settlement

    23rd August 2012 at 9:14 am

  157. Bobbalooee says:

    @Mary, to answer a few of your questions….original mortgage and note was closed on April 10th, 2006 with Shorefront as the Lender. I have the HUD1 for this transaction. Mortgage and Note are recorded in Pinellas County. This is the only paperwork I signed. There is no assigment filed from Shorefront to SunTrust or anyone else. Then, Aug 31, 2006…AmTrust Funding originated a first and second lien and recorded the docs…these docs do not contain my signature and are noticeably forged. In the AmTrust Funding mortgage it does have MERS as the beneficiary and assignements filed to MERS. I recently did a search of MERS by property address and 3 mortgages were listed as ACTIVE. I disputed and they changed 1 to Paid in Full and the other 2 to Inactive. The Notary for Ocean’s Title and Abstract Michelle Fabry stated she “verified by driver’s license” which obviously did not happen. I did some research..Oceans Title is no longer in business and was closing loans and submitting fraudulent docs to the lenders. The Shorefront mortgage was still showing up when I was attempting to short sell the property. I was able to get a letter from Shorefront managing member regarding the dissolved business and had recorded in 2011. I asked SunTrust to mail me the mortgage and note and all they sent was the mortgage which is not my signature. I also asked for an escrow analysis and noticed there was a 52K deposit into the account in 2009…not sure where that money came from. When I have talked to them, they have only 1 loan in the system, so not sure what happened to the second. Very confusing and frustrating. I have a property history report showing I purchased the property for almost 100K more than it sold for a week before I bought it!!!! The appraiser lost his license and was in bed with this lender, real estate agent, title company. You think all the checks and balances in place would have prevented this from happening, but in the end it has left me bankrupt and still dealing with this mess 5 years later. What I also don’t understand, a Final Judgment of Foreclosure was signed off by judge in 2009 but the sale was cancelled. Then they reopen the case in Jan 2010 and seems they continue to stall. SunTrust rejected 4 offers for short sale over a 3 year period, they declined a deed in lieu since the Shorefront Mortgage and 2 other mechanical liens are showing which they require me to pay off. I sent them the shorefront release but they told me I had to have recorded…which I did and that was the last conversation I had with them. Anyway, if you send me your email, I can send over the docs for you to review. I called Stewart Title who I guess underwrites or did for Ocean’s Title regarding getting copies of HUD1 for this property…they never called back….

    23rd August 2012 at 10:16 am

  158. Mary Malone says:

    @Bobbalooeeo- Thanks for the summary. Yes, I’d like to review your docs and see if we can piece together the story. I’ll email you at the address above.

    According to the DOJ and the news article posted, Shorefront execs were convicted of mortgage fraud and were sentenced to 5 years in prison and $27 million in restitution. It seems they inflated the value of 50 Florida homes and then divvied the extra loot amount themselves, creating false HUD statements. The homes sold for more than $100K above comps – the Realtor who was in on the scheme told her colleagues that the value was inflated to cover construction costs.

    Sound like they should have been convicted for mortgage fraud on 51 properties. Your history conforms with their scheme.

    When you deal with criminals like this, everything that follows is suspect. If they sold you a home $100k above the value, then is it reasonable to expect they ever legally transferred or “sold” your loan to subsequent parties?

    We’ll try to piece together the puzzle here. It may result in a trip to the local prosecutor of FBI office.

    The investigate and charge flim-flam artists. TBTF who stole $13 tril – not so much.

    23rd August 2012 at 11:11 am

  159. FBD says:

    Mary Malone

    Thought you (and others) might like this article;

    —– —– —–

    Fighting the Mortgage Mess

    by ELLEN BROWN

    Two landmark developments on August 16th give momentum to the growing interest of cities and counties in addressing the mortgage crisis using eminent domain:

    (1) The Washington State Supreme Court held in Bain v. MERS, et al., that an electronic database called Mortgage Electronic Registration Systems (MERS) is not a “beneficiary” entitled to foreclose under a deed of trust; and

    (2) San Bernardino County, California, passed a resolution to consider plans to use eminent domain to address the glut of underwater borrowers by purchasing and refinancing their loans.

    MERS is the electronic smokescreen that allowed banks to build their securitization Ponzi scheme without worrying about details like ownership and chain of title. According to trial attorney Neil Garfield, properties were sold to multiple investors or conveyed to empty trusts, subprime securities were endorsed as triple A, and banks earned up to 40 times what they could earn on a paying loan, using credit default swaps in which they bet the loan would go into default. As the dust settles from collapse of the scheme, homeowners are left with underwater mortgages with no legitimate owners to negotiate with. The solution now being considered is for municipalities to simply take ownership of the mortgages through eminent domain. This would allow them to clear title and start fresh, along with some other lucrative dividends.

    A major snag in these proposals has been that to make them economically feasible, the mortgages would have to be purchased at less than fair market value, in violation of eminent domain laws. But for troubled properties with MERS in the title—which now seems to be the majority of them—this may no longer be a problem. If MERS is not a beneficiary entitled to foreclose, as held in Bain, it is not entitled to assign that right or to assign title. Title remains with the original note holder; and in the typical case, the note holder can no longer be located or established, since the property has been used as collateral for multiple investors. In these cases, counties or cities may be able to obtain the mortgages free and clear. The county or city would then be in a position to “do the fair thing,” settling with stakeholders in proportion to their legitimate claims, and refinancing or reselling the properties, with proceeds accruing to the city or county.

    Bain v. MERS: No Rights Without the Original Note

    Although Bain is binding precedent only in Washington State, it is well reasoned and is expected to be followed elsewhere. The question, said the panel, was “whether MERS and its associated business partners and institutions can both replace the existing recording system established by Washington statutes and still take advantage of legal procedures established in those same statutes.” The Court held that they could not have it both ways:

    Simply put, if MERS does not hold the note, it is not a lawful beneficiary. . . .

    MERS suggests that, if we find a violation of the act, “MERS should be required to assign its interest in any deed of trust to the holder of the promissory note, and have that assignment recorded in the land title records, before any non-judicial foreclosure could take place.” But if MERS is not the beneficiary as contemplated by Washington law, it is unclear what rights, if any, it has to convey. Other courts have rejected similar suggestions. [Citations omitted.]

    If MERS has no rights that it can assign, the parties are back to square one: the original holder of the promissory note must be found. The problem is that many of these mortgage companies are no longer in business; and even if they could be located, it is too late in most cases to assign the note to the trusts that are being tossed this hot potato.

    Mortgage-backed securities are sold to investors in packages representing interests in trusts called REMICs (Real Estate Mortgage Investment Conduits), which are designed as tax shelters. To qualify for that status, however, they must be “static.” Mortgages can’t be transferred in and out once the closing date has occurred. The REMIC Pooling and Servicing Agreement typically states that any transfer after the closing date is invalid. Yet few, if any, properties in foreclosure seem to have been assigned to these REMICs before the closing date, in blatant disregard of legal requirements.

    The whole business is quite complicated, but the bottom line is that title has been clouded not only by MERS but because the trusts purporting to foreclose do not own the properties by the terms of their own documents. Legally, the latter defect may be even more fatal than filing in the name of MERS in establishing a break in the chain of title to securitized properties.

    What This Means for Eminent Domain Plans

    Under the plans that the San Bernardino County board of supervisors voted to explore, the county would take underwater mortgages by eminent domain and then help the borrowers into mortgages with significantly lower monthly payments.

    Objections voiced at the August 16th hearing included suspicions concerning the role of Mortgage Resolution Partners, the private venture capital firm bringing the proposal (would it make off with the profits and leave the county footing the bills?), and where the county would get the money for the purchases.

    A way around these objections might be to eliminate the private middleman and proceed through a county land bank of the sort set up in other states. If the land bank focused on properties with MERS in the chain of title (underwater, foreclosed or abandoned), it might obtain a significant inventory of properties free and clear.

    The county would simply need to give notice in the local newspaper of intent to exercise its right of eminent domain. The burden of proof would then transfer to the claimant to establish title in a court proceeding. If the court followed Bain, title typically could not be proved and would pass free and clear to the county land bank, which could sell or rent the property and work out a fair settlement with the parties.

    That would resolve not only the funding question but whether using eminent domain to cure mortgage problems constitutes an unconstitutional taking of private property. In these cases, there would be no one to take from, since no one would be able to prove title. The investors would take their place in line as unsecured creditors with claims in equity for actual damages. In most cases, they would be protected by credit default swaps and could recover from those arrangements.

    The investors, banks and servicers all profited from the smokescreen of MERS, which shielded them from liability. As noted in Bain:

    Critics of the MERS system point out that after bundling many loans together, it is difficult, if not impossible, to identify the current holder of any particular loan, or to negotiate with that holder. . . . Under the MERS system, questions of authority and accountability arise, and determining who has authority to negotiate loan modifications and who is accountable for misrepresentation and fraud becomes extraordinarily difficult.

    Like MERS itself, the investors must deal with the consequences of an anonymity so remote that they removed themselves from the chain of title.

    On August 15th, the Federal Housing Finance Agency threatened to take action against municipalities condemning federal property. But to establish its claim, the FHFA, too, would have to establish that the mortgages were federal property; and under the Bain ruling, this could be difficult.

    Setting Things Right

    While banks and investors were busy counting their profits behind the curtain of MERS, homeowners and counties have been made to bear the losses. The city of San Bernardino is in such dire straits that on August 1, it filed for bankruptcy.

    San Bernardino and other counties are drowning in debt from a crisis created when Wall Street’s real estate securitization bubble burst. By using eminent domain, they can clean up the destruction of their land title records and 400 years of real property law. And by setting up their own banks, counties and other municipalities can use their own capital and revenues to generate credit for local purposes.

    Homeowners who paid much more for a home than it was worth as a result of the securitization bubble have little chance of challenging the legitimacy of their underwater mortgages on their own. Insisting that their state and local governments follow the lead of Washington State and San Bernardino County may be their best shot at escaping debt peonage to their mortgage lenders.

    ELLEN BROWN is the author of Web of Debt: the Shocking Truth About Our Money System and How We Can Break Free. She can be reached through her website.
    http://www.webofdebt.com/

    23rd August 2012 at 12:26 pm

  160. Max says:

    I have been trying to get a modification from chase original loan was with WAMU. I sent request for lenders documentation info I recieved letter back stating that this loan is a valid & legally enforceable obligation with chase. They also stated that if I had a specific dispute regarding origination or servicing of this loan that I should send letter w/supporting documentation so they can futher research. They go on to explain that some of the info I requested is unavailable or considered confidential & cannot be provided. They also say that the investor on loan is Fannie Mae.They did send me a copy from court house records of note. I have been reading about WAMU that maybe they never even transfered notes or mortgages to chase. I have been trying to work with them on loan mod they even sent me a congrad letter couple months ago & the payment was $2.65 less than what I have been paying everytime I turn around they want me to send same paper work. Now they sent letter saying I do not qualify because I did not make that payment I had been calling them everyday trying to explain that my o/t is gone & I would not be able to pay that kind of pymt. I asked if there were any other kind of programs that I would qualify for in Fla they said maybe 40 yr. loan. I am now so confused I have alot of money in my house & I did put 20% down. I looked on the MERS site my house is not listed on there. I cannot find any record that chase or wamu ever did any paper work to transfer loan from wamu to chase. I have just been trying to get a payment that I can afford so I do not have to worry about losing my home. I find it ironic that the banker from WAMU that did my loan has been charged with fraud & either is in jail or will be soon.I even wasted $800.00 on a lawyer that had no intention of helping me, I had asked atty to look over the banks offer to me for my loan mod well needless to say not to many want to help the guy down. If you have any advice please let me know thank you for you site.

    23rd August 2012 at 1:00 pm

  161. Mary Malone says:

    @FBD – Thanks for the article. Yes, the Bain decision may help homeowners in Washington where foreclosures are processed outside the courts referred to as a non-judicial state. Homeowners have little to no protection from the fraudulent practices conducted by these banks. IMHO, every state should be a judicial foreclosure state. Every American needs and deserves judicial protection before their largest asset is seized.

    With regards to the Eminent Domain policies for securing MERS/clouded title homes – I’m not a fan.

    If the rule of law were truly restored, the foreclosures and sheriff sales for these properties would be reversed and the home would go back to the owner. Big Gov was instrumental in this whole fake securitization scheme – they should just get the hell out of the way for a change.

    Just one woman’s opinion, tho.

    23rd August 2012 at 3:02 pm

  162. Mary Malone says:

    @Max – First of all I am very sorry for your troubles. Let’s see if we can sort this out –

    If I understand you correctly, you mailed a letter – was it a Qualified Written Request (QWR) to Chase, the servicer of your loan. Is that correct?

    And Chase provided you with some documentation such as the copy of the note. Correct?

    BTW, Chase has included the “we have legal and valid obligation to enforce the mortgage” nonsense in other QWR responses we have reviewed. That statement means nothing, until a FL judge examines the evidence and determines Chase has a legal and valid right to enforce the contract.

    OK. Back to Chase’s response.

    Chase identified Fannie Mae as your investor?

    If I were you, I would send Chase another letter, and make a formal request to view the original Promissory Note with the “wet ink” signature. This is the document you signed at closing.I would mail it to Chase certified mail, return receipt requested.

    They may respond with, “The note cannot be mailed to you.”

    Write them back. You understand they cannot mail the Note to you – you will travel to an attorney’s office – to view the Note. When you view the Note, you are looking for an endorsement or stamp that says “WAMU pays to the order of Chase.” Of course, you do not want to let them know what you are looking for – just say you have serious concerns that Chase is just the servicer. And you didn’t borrow the money from Fannie. You borrowed it from WAMU.

    I have a feeling your loan is purportedly in a fake trust. But I cannot tell for sure,so I would also ask Chase in the letter – Is my mortgage in a trust that is insured by Fannie Mae? If so, I demand the name of the trust.

    Once you receive responses to these queries, contact me on TBP. Admin has been great about putting the post back up when homeowners need help.

    Also, Max, keep an eye out for an Assignment of Mortgage from WAMU to Chase. As soon as that happens, know they are getting ready to sue you for foreclosure. Fannie, Freddie and Ginnie cannot foreclose in their own names. That’s why they will create an Assignment of Mortgage in judicial states and record it at the county registry. Once they win the foreclosure, they create a new assignment from the servicer to Fannie, who gets to keep the money from the sale.

    But you’re in a judicial state and if there is no Assignment, then you probably have some time to gather more evidence.

    Last questions – is WAMU named as your lender in your mortgage? Does the mortgage broker’s name appear in the mortgage? Who was the broker?

    Good luck and stay in touch, OK?

    23rd August 2012 at 3:28 pm

  163. Max says:

    Thank you so much Mary. I went to Edward Michael Bangasser loan officer with WAMU http://www.bizjournals.com/search?q=%22Edward+M.+Bangasser%22 I had worked with him before.I was mailed a print out from chase of a Nationwide title clearing assignment verification report that states beneficiary is WAMU & then says relationship JPMorgan chase national association successor in interest by purchase from the FDIC as receiver of WAMU bank F/K/A WAMU bank,FA states assignment chain complete. Foreclosing entity JPMorgan Chase bank,national association. Then line for property address then security instrument info states WAMU again not chase. Then states No assignments found of record. http://www.creditwritedowns.com/2010/11/videos-depositions-of-alleged-robo-signers-nationwide-title-clearing.htl Any way I found this while looking them up So I am not sure about them either. I do ck the clerk of court records once a wk & not seen anything yet.I do write chase often I just get the same answer I will take your advice & try to see @ atty office if they go for that. Thanks so much you are wonderful.

    23rd August 2012 at 6:26 pm

  164. Mary Malone says:

    @Max No worries, we’ll get to the bottom of this…

    Thanks for the explanation – I understand now. Your broker was a real winner, huh? Just having him involved in your loan transaction may be enough to cast doubt on the validity of your loan.

    It’s good to write Chase again and ask to view the Promissory Note, along with confirmation that your loan is in a trust. But I would also stop sending my financials to Chase too. They are not going to help you. They are sizing you up, as well as any other homeowner who requests a modification. They want to see how much money you have left in your account. When that number hits a certain threshold, and they know you are tapped out, they will file the foreclosure. So its good to stay on top of the Assignment recordation like you are.

    It’s really important to know that any homeowner who asks for a modification places themselves in the foreclosure bucket.

    Chase is your enemy, and this is war.

    And your weapon of choice is the law.

    I’m sorry to tell that to you, but it is true.

    So, now that you know the whole modification scheme is kabuki theater, its time to retain an attorney who can help you navigate the legal system. It may take 30 days or so to find the best attorney for you, so we should start now.

    The only way we’ll know which parties should be in the chain of title and in what position, is to analyze your documents. If your loan was fake securitized, then there should be other Assignments of Mortgage and endorsements on the Note beside WAMU, Fannie and Chase.

    What area of Florida do you live in? I’ll start searching for good attorneys who are taking foreclosure defense cases and winning.

    How does that sound?

    23rd August 2012 at 7:21 pm

  165. Brian says:

    @Max

    Max your story sounds like a carbon copy of mine although my mortgage is through Wells backed by Fannie. I got sick around two years ago and have been playing the back and forth game with these jokers trying to get a home modification too. It is quite the joke. Every time you get em what they want they ask for one other item then when they get that come back and say oh well the other items are now out of date so we need them all updated and around and around the twisted game goes. I am looking for a lawyer now too. Not an easy task. I’ve talked to three or four over the phone so far and I think I know more than they do about the issue.

    24th August 2012 at 9:02 am

  166. Brian says:

    I came across this case while doing some searching around.

    DEUTSCHE BANK NATIONAL TRUST COMPANY 2006 v. MITCHELL

    “A federal district court has also required that other plaintiffs prove they had possession of the notes when they filed foreclosure complaints or face dismissal without prejudice of twenty-seven complaints in In re Foreclosure Cases, 521 F.Supp.2d 650 (S.D.Ohio 2007). The court noted, “[w]hile each of the complaints for foreclosure pleads standing and jurisdiction, evidence submitted either with the complaint or later in the case indicates that standing and/or subject matter jurisdiction may not have existed at the time certain of the foreclosure complaints were filed.” Id. at 652. The court held that “[t]o show standing ․ in a foreclosure action, the plaintiff must show that it is the holder of the note and the mortgage at the time the complaint was filed.” Id. at 653. The plaintiffs were then given thirty days to submit proofs that they had standing when the complaints were filed to prevent dismissal. Id. at 654.”

    So they have to prove at the time of filing that they had actual possession of the note at the time of filing to have standing correct?? Meaning Wells Fargo, in my case, would have had to have physical possession of the note the date they filed?

    Also………..

    “Recent amendments to the Court Rules, however, now require the plaintiff’s attorney in all residential foreclosure actions to attach a “certification of diligent inquiry” to the complaint and an affidavit of diligent inquiry to the motion to enter judgment, both verifying that the plaintiff’s attorney spoke directly to an employee of the client or loan servicer to ensure that the information provided in the documents is accurate. R. 4:64–1(a)(2); R. 4:64–2(d). The Court’s order of June 9, 2011, applied this requirement to all pending residential foreclosures where there has not been a sheriff’s sale.”

    Now I never received a “certification of diligent inquirey”. Is this just in NJ?

    Here is the link to the case………….

    http://caselaw.findlaw.com/nj-superior-court-appellate-division/1576912.html

    24th August 2012 at 9:53 am

  167. Max says:

    @Mary that sounds almost like a fantasy to find a atty that really will help any of us. I live in Manatee County Fl. I have already wasted $800.00 on atty to go over my mod agreement only to find out that atty could care less. I would love to find atty that looks out after the little guy that I could afford to pay. I found this info on 4closure fraud site about WAMU not sure if true I would love to be able to find out where to find the judicial paperwork that would help not sure if a judge would really care anyway.http://foreclosuredefensenationwide.com/?p=469 Big guy states that no transfers were made.Thanks again for all your advice you are awesome.

    24th August 2012 at 12:21 pm

  168. Mary Malone says:

    @ Max and Brian:
    Attorneys skilled in foreclosure defense who have their clients best interests at heart are few and far between. But, I work with a band of attorneys who graduated from Max Garnder Bootcamp. Most of these attorneys specialize in Chapter 7 and 13 bankruptcy. They have a confidential list serve and help one another. So, even if you are not a candidate for BK, these attorneys may be able to provide you with a referral for an attorney who can help you in state court.

    This is the hardest part, IMHO.

    Here’s the link to the list of attorneys in FLA who you may begin to contact. Even if they are not in your part of the state, call them. many travel to various jurisdictions, or can refer you to a colleague.

    http://www.maxbankruptcybootcamp.com/find-graduates#Florida

    Good luck and let me know how you do!

    24th August 2012 at 12:33 pm

  169. Max says:

    @Brian I know we are not alone it is happening all over the country. So many ppl just give up. I just do not understand why they will not modify loans I guess they get more money when they foreclose. I have never seen so much fraud almost every day something illegal is going on they might get slap on wrist or pay fine sometimes I feel like I woke up & landed in oz. Good luck to you I guess we all need it right now. Mary has given me some great advice. I am not going to play the game anymore sending paperwork it is the same papers that I have sent them maybe 10 times already. I have played the game with lawyers also they would like money before they can or will even talk to me. Good luck make sure you check your clerk of court & make sure they have not filed any paperwork lol.

    24th August 2012 at 12:34 pm

  170. Mary Malone says:

    Wow, Max. I just read Jeff Barne’s post regarding the deposition from WAMU exec who testified there is NO SCHEDULE of loans transferred from WAMU to Chase.

    Thank you.

    I was going to recommend you contact Jeff Barne’s too. He has been doing great work. I understand he is building a network of attorneys throughout the US. Reach out to him and see, based on this info, he can handle your case – or recommend you to a colleague.

    Please don’t give up. If you feel too discouraged, follow through on obtaining counsel – who will take your case on contingency – or will direct you on how to file pro se, for a small fee.

    Giving up is not an option, Max. This is your home – keep fighting for it.

    24th August 2012 at 12:41 pm

  171. Brian says:

    @Max

    Well the recent settlement the AG’s did with the big banks was supposed to provide relief in the form of loan modifications and principal reductions. According to the website tossed together it was to “show other lenders that principal reduction is one effective tool in combating foreclosure”. Sad thing is the states coffers end up with most of the cash from that whole thing.

    I live in Iowa where you can file a Delay of Sale which means they can’t do anything after filing the original paperwork for six months. I’m currently working with a group put together by the AG thats called Iowa Mortgage Assistance who works directly with the underwriters. Now this is to cut out all the endless phone calls and nonsense supposedly. I’ve been working with em for two months or so now and have done nothing but send in more paperwork and talked to my guy yesterday and said they have requested yet again everything be resent because they found a date for somethign missing on one of my banks statements. It never ends. A buddy of mine works for Wells in the mod area, she’s just one of the “account managers” or whatever they’re called and after I told her my mortgage doesn’t appear in MERS and that if shows under FAnnie but they won’t tell me anything else from their she raised her eyebrows and said if I find out where it ended up they are in trouble. So off I go to search away. LOL

    I was actually at the point of giving up but after all the nonsense I started reading about what these people have done and then on top of it all they rig the libor rate which if proven the banks were involved in leaning on em to do that look out. Every ARM is now fraud since they adjusted to rates to meet the Libor. Biggest swindle in the history of mankind going on.

    24th August 2012 at 1:07 pm

  172. Brian says:

    @Mary

    Thanks for that link. Only one lawyer showed up from Iowa who attended that and after searching the net for her I don’t even know if she’s practicing anymore.

    Do you know of a Christine Sands? I read about a case back in ’11 where she represented a client in Iowa with Barnes. I think it was from an article on this site actually.

    24th August 2012 at 1:18 pm

  173. Mary Malone says:

    @Brian Here’s the link to the case Christine Sands tried with Jeff Barne’s
    http://www.wbslawoffices.com/our-attorneys/christine-sand_attorney/

    She’s still practicing in Iowa, at Wild, Baxter and Sand
    http://www.wbslawoffices.com/our-attorneys/christine-sand_attorney/

    I don’t know anyone in Iowa, so I can’t vouch for an attorney’s competency. Every state has it’s own statutes and laws regarding foreclosure defense. Please note than any homeowner who requests a modification is now in the foreclosure bucket. So, obtaining a competent counsel, who knows about fake securitization and is successfully representing homeowners in foreclosure defense is key.

    I strongly suggest that you spend the next 30 days researching attorneys, getting references from other homeowners, attorneys in legal aid, at the courthouse any source you can find that is credible. Then create a list of the attorneys you think will be best, and set up appointments with them – and interview the attorneys. Give yourself a deadline – by September 30th you have retained counsel.

    If you need help reviewing your mortgage docs for fraud, leave me a message on TBP – and we’ll set something up.

    But for now, the most important thing you can do is retain the services of a good attorney who can navigate the Iowa legal system and be your advocate.

    This is the hardest part, so please persevere until you find the attorney who is right for your situation.

    24th August 2012 at 11:15 pm

  174. Mary Malone says:

    @Admin: Thanks for re-posting the thread. You’re a very nice man.

    25th August 2012 at 12:36 am

  175. Administrator says:

    Mary

    As long as people keep being helped by this thread, I’ll keep bringing it forward. You’re the one doing the yeoman work.

    25th August 2012 at 7:37 am

  176. Max says:

    @Mary Thank You! Would be awesome to be able to talk to Jeff Barnes if you have any kind of email or link for him that would be really sweet. Thank’s for the cheer up! Sometimes ppl need a little good news some day’s. If anyone knows how to get a copy of what was said in court, I have been trying to look up the court records…But I am not a lawyer & not really good with paperwork this is a real education. Thanks again.

    25th August 2012 at 1:44 pm

  177. Mary Malone says:

    @Max: You can download the entire deposition here for free on Scribd.com:
    http://www.scribd.com/doc/102949976/120509-JPMC-v-Waisome-FL-Lawrence-Nardi-Deposition

    You can reach Jeff: [email protected]
    FAX #: 310-275-5157
    http://foreclosuredefensenationwide.com/?page_id=10

    Try that route first Max. If you don’t have any luck, let me know and we’ll try another route.

    Keep at it – OK?

    25th August 2012 at 9:29 pm

  178. Mary Malone says:

    @Max: I found Jeff Barnes email and telephone number. His name is William Jeff Barnes, which may be why you had trouble finding him. I called the telephone number and the voice mail confirmed this is his office.

    @Brian: Jeff Barnes also works with firms that locate mortgages on the secondary market. So you may want to contact him too.

    (Florida) telephone: (561) 864-1067

    telefax: (702) 804-8137

    e-mail: [email protected]

    25th August 2012 at 10:55 pm

  179. Mary Malone says:

    @Max Also contact Ice Legal, a very highly regard firm in FL that has had great success for homeowners. They have offices in West Palm, Kissimmee and Miami
    http://www.icelegal.com/practices/foreclosure-litigation/

    25th August 2012 at 11:32 pm

  180. Max says:

    @Mary Thank You so much you have been the most helpful person so far you are the best!

    26th August 2012 at 10:41 am

  181. Mary Malone says:

    OK guys. This story is an example of what is happening around the country when homeowners carefully review their mortgage and foreclosure documents.

    So please follow the steps outlined in this post – MERS, Fannie, Freddie look-ups and check every “fact” and piece of information on your documentation. Check the signatures for robo-signing – check the dates, addresses, and all characteristics. These docs are loaned with fraud.

    SoFla Woman’s 2-Year Battle Gets Mortgage Wiped Out
    Castro said the signatures on her foreclosure documents appeared to have been signed by different people

    http://www.nbcmiami.com/news/local/SoFla-Womans-2-Year-Battle-Gets-Mortgage-Wiped-Out-150863425.html

    26th August 2012 at 10:57 pm

  182. Deb says:

    Hi Administrator & Mary,

    Will you please send me Mary’s email as per her post, so that I can contact her regarding my docs. I am currently in Chapter 13 Bankruptcy Court in Georgia. The foreclosure attorney used fraud to hold a hearing to have the Automatic Stay Lifted, without serving and/or inviting me to the procedure. He then claimed that since I did not appear to oppose that his motion should be granted. The Court agreed. However, I have challenged this, as well as, whether or not the movant & foreclosure attorney have standing and/or are a rightful party of interest to have automatic stay lifted and foreclose upon my home. Have research and come up with a lot of documents that show broken chain of title and/or clouded title, as well as, other bogus items related to the alledged securitization of my loan into an alledged trust. Need Mary’s help and also need to know if you know of Good Bankruptcy Attorney in the Atlanta, Georgia area that gets this whole foreclosure fraud stuff?

    27th August 2012 at 4:06 am

  183. Mary Malone says:

    Hi Deb,
    Admin sent me your email and I’ll get in touch tonight.

    In the meantime please go to the Max Gardner bootcamp link on the strand and start calling attorneys in GA on the list.

    You have legal questions and need a qualified attorneys advice.

    I can help with identifying the fraud. The law not so much.

    27th August 2012 at 1:44 pm

  184. Deb says:

    Thank you Mary. I have sent you a side email. Your wisdom and wonderful spirit to help others is greatly appreciated. I look forward to getting started with you. And, I immediately contacted attorneys, on today, from Max Gardner’s bootcamp, in my area, to get things going on the right track. Thanks again … please check your email. Deb

    27th August 2012 at 10:13 pm

  185. Brian says:

    I just received a request for summary judgement by Wells and their lawyers in the mail. It stated that I did not provide an answer to their origional filing then went on to provide a printout of the online proceedings in the case which shows where I answered the complaint and the date. Are these people this dumb or just lying and trying to sneak this thing through?

    Mary can I file for a summary judgement to dismiss the case entirely saying that Wells Fargo has no standing to even be suing me? Just wondering.

    I aslo got my return receipt back from my QWR today. Robo signed of course. lol

    28th August 2012 at 4:12 pm

  186. Mary Malone says:

    @Brian
    Oy vey….please get in front of this train wreck as fast as you can. We’re learning the justice system operates on a paper trail – and hardly anybody reads a damn thing.

    Please do not assume that they will see your answer and throw out Wells Fargo’s motion. Judges tend to believe attorneys and discount pro se litigants.

    I’m hoping you are close to retaining an attorney, which would be the best course. Much of law is about procedure, and that is where homeowners pro se usually slip up.

    So, this is not legal advice – cause I’m not an attorney. Rather, it’s friendly consumer education –
    -Contact the Court clerk where this motion/request was filed and tell them you answered the complaint. Ask them to speak to the judge on your behalf.
    -Do you have your file from the state court? If not, get it.
    -Best to stop by court clerk’s office in person, and deliver a letter to the judge, with key highlights of your actions to date
    -In the letter, be very specific and cite facts in a clear, concise manner. If Wells Fargo is lying, phrase it as, “dispute of material fact”. Judges love disputes of material fact.
    -Enclose copies of all documents you signed, along with the certified mail receipts if you have them
    -Be sure to bring an extra copy of your letter/attachments to the judge and ask the clerk to stamp the time and date this document was delivered. Keep this copy for your files.
    -Contact legal aid and ask if they could recommend next steps. For instance, do you need to file a motion, saying judge I responded to the foreclosure complaint, or will a letter suffice?
    -Stay on top of all deadlines and be sure to answer every single letter, phone call in writing

    Now that WF has assigned a law firm to your case, be sure to fire off a letter to the firm, demanding that they sign an affidavit affirming there is no fraud in your mortgage transaction. Mail the letter certified mail, return receipt requested.

    Also, send the law firm another letter demanding to know who they represent, and say you want to see a copy of the retainer agreement.

    Lastly, send them yet another letter, demanding to know the name of the fake trust your loan is purportedly in and say you want to view the original promissory note with the wet ink signature in their office.

    Put everything – and I mean everything in writing, mail it certified mail, return receipt requested. Send copies of all your correspondence to the judge assigned to your case and a contact at WF.

    If you cannot afford an attorney – many people cannot – find an attorney who will advise you on what to do – and offer to pay them a small fee.

    I hope this is helpful Brian. Please check on and let me know how you’re doing, OK?

    28th August 2012 at 7:34 pm

  187. Brian says:

    I have been somewhat working with an attorney at legal aid. I think I am up to speed on things more than he is though. I was hoping to get this taken care of via loan modification but apparently will have to hire somebody now it appears.

    Now correct me if I’m wrong but Fannie isn’t required by the SEC to report secularization of the loan so I don’t know how to even find out if it has been or where it is etc. Hell for all I know Wells has already been paid for this thing by fannie.

    This whole thing sounds like a run around to avoid even going inf front of a judge in the first place. They say this will save everybody time and money and avoid cloggin up the court system in their reason for filing and on and on. They provided a copy of the note from ’05 along with the mortgage which they just printed off the county website. The also provided a paper from somebody in North Carolina who is supposedly a loan officer or something along those lines and affirms that he has viewed the documents and determined that Wells Fargo is entitled to judgement. Well of course he does he works for em. Amazing this stuff.

    The guy at legal aid tells me they do this all the time and most times the judge just signs off for em. Since I don’t have any evidence showing that they securitized the note I guess I’ll just have to show the judge all the crooked crap these folks have been doing for the last few years and put the burden on them to prove they have standing to be the plaintiff in the first place. That is what we put in the original answer. I guess I can also show they have not been up font with loan modification. I doubt that matters though.

    Yeah I’m gonna get on the horn with a lawyer tomorrow it appears. If anything they will know how to wrangle through all the nonsense that is court. Where is Judge Judy when you need her? LOL

    28th August 2012 at 7:53 pm

  188. Mary Malone says:

    @Brian

    I think we need to find the trust your loan is purportedly in, so you may want to check out Neil Garfield’s services. His firm is very honorable – and does a very thorough job for a relatively affordable price. You may want to ask for the lower-priced service – Is my loan in a trust – Yes or No for $99, or Ask for just the name of the trust for $279.

    http://stores.livinglies-store.com/-strse-Search-%26-Analysis-Reports/Categories.bok

    28th August 2012 at 7:55 pm

  189. Mary Malone says:

    @Brian

    I’m glad you’re keeping your sense of humor. It will come in handy!

    You’re way ahead of the game because you’ve been getting free legal advice and are in the process of securing an attorney. So just stay the course and fight them every step of the way…

    With regards to Fannie – the GSE’s insure mortgages, they do not fund mortgages. And Ginnie Mae only insures MBS – not individual mortgages. So, if Fannie insured your mortgage, they will never foreclose in their name. They always create and record an Assignment of Mortgage, transferring interest from Fannie to the servicer.

    Have they done that yet in your case? Is Wells Fargo your servicer, or did you originate with them?

    Also – the copies of your mortgage and note mean nothing. You want to see the original promissory note with the wet ink signature. You want to see the note to determine if it is indorsed to WF and Fannie.

    And the WF guy who affirmed there was no fraud – did he sign a certification, or an affidavit?

    Your goal is to create enough doubt in the judge’s mind to get to discovery, where you will have the benefit of slogging thru all the docs that describe your loan transaction.

    Of course, WF wants to stop that from happening at all costs. Your goal is to get them on the defense – and find evidence that they are lying to the judge about your loan transaction. You must get your hands on the custodial file for your loan. It’s a treasure trove of info that may help you win your case.

    28th August 2012 at 8:11 pm

  190. Brian says:

    Wells is the servicer. Now we originated the mortgage with Wells. It says on the mortgage that Wells is the lender.

    When I look up our address on fannie site it shows this……….

    Results—Our Records Indicate:

    Your loan was acquired by Fannie Mae on or before May 31, 2009. Knowing the Fannie Mae Loan Acquisition Date is important because some programs, such as HARP, are available only on loans acquired by Fannie Mae on or before May 31, 2009.
    Your mortgage company is WELLS FARGO BANK, N.A..

    You may be eligible for the Home Affordable Refinance Program (HARP) or for the Home Affordable Modification Program (HAMP)—or other programs available exclusively for Fannie Mae borrowers.

    I’ve not seen anything about an assignment of mortgage. The guy from Wells they used sent an affidavit of amounts due and owing.

    It also says on the bottom of the first page of the mortgage that it is a fannie mae/freddie mac instrument if that means anything.

    Thanks for that link to Neil Garfield. That looks like a way to go.

    28th August 2012 at 10:56 pm

  191. Mary Malone says:

    @Brian
    Thanks for the clarification. So, you originated with Wells and they claim Fannie is your investor. The term investor is used to describe securitized loans.

    We’re looking for evidence your loan is, or isn’t in a fake trust.

    Please send Admin an email with your contact info. I’d like to see what your paperwork reveals.

    29th August 2012 at 8:53 am

  192. Anonymous says:

    @Mary

    Not sure how to contact the admin?

    You can send me a message at my spam email account [email protected] and I can get back to you from there.

    29th August 2012 at 3:42 pm

  193. Brian says:

    Here is a link to the progress report the office of mortgage settlement put out dealing with the recent settlement of the big five with the states. As you can see loan modifications aren’t very appealing to them as short sales rule the day.

    http://mortgageoversight.tumblr.com/

    29th August 2012 at 4:07 pm

  194. Mary Malone says:

    @Brian
    Thanks for sharing the report. It seems the relief varies according to state. I was reading about Ohio homeowners who are being actively recruited for principal reductions and refi’s at current low interest rates.

    In many other states, homeowners are just being offered mods that have higher payments, as you know first-hand. So, the settlement is uneven at best.

    Finding the fraud in your documents and presenting the evidence to the courts may change the dynamic of the negotiations. A number of homeowners who play hardball are getting substantial principal reductions.

    Is the anonymous note with [email protected] you?

    29th August 2012 at 11:20 pm

  195. Brian says:

    Yeah sorry forgot to put my name in there before posting.

    30th August 2012 at 2:35 am

  196. Brian says:

    I was also reading through fannie mae servicing guidelines. These damn servicers get $500 bucks for every foreclosure packet they get back over a certain amount. No wonder they keep sending the things out over and over again asking to fill em out again and again. It is unbelievable. Not to mention other “bonus” stipulations they get for refinancing peoples homes.

    30th August 2012 at 2:37 am

  197. TeresaE says:

    @MM and Brian

    I’ve been following your exchange with great interest, and was so happy to see some facts concerning the current state of dealing with foreclosures and refi’s.

    The banks/servicers are being PAID to screw you over. Bonus-ed to do it.

    It is so sad that this entire country’s real personal property has been transferred to the government, via vast swaths of fiat created of, by, and for, the banksters. The last loan modification signed (or ordered, whom knows anymore) into law, specifically gave the banks $3k for just TALKING about a refi.

    Mary, I’ve said it before, and I’ll say it again, I respect the heck out of your unwavering commitment and drive in the face of such blatant manipulation, fraud and theft.

    Thanks on behalf of us all, you are doing millions (of completely clueless, and ungrateful to boot) Americans one hell of a good service. I pray you are successful in your endeavors. Stands for everyone you work with too.

    Peace and sanity to you both.

    30th August 2012 at 8:55 am

  198. Mary Malone says:

    @TeresaE Thanks so much for the good wishes. There are times I feel like all this effort is akin to spitting in the ocean. At the end of the day, if as few as 10 people find info here they can use to save their homes, it’s worth the effort.

    @Brian, I sent an email to you so please give me a shout whenever it works best for you.

    30th August 2012 at 9:32 pm

  199. Tim says:

    My home to home loan was originated on 11/14/03 by charter one bank who on completion of construction switched loan over to charter one mortgage who later merged with cco mortgage. They are our current servicer who states from qualified written request RBS citizens holds our prommisory note. Cco mortgage also states an inverstor is involved. Whats confusing is all these banks are affiliated with each other and the only records in my county register of deeds is charter one bank, no cco mortgage-RBS citizens-charter one mortgage or an investor are seen at register of deeds. Is this normal or something to be looked further into. Thank you

    1st September 2012 at 12:36 am

  200. Mary Malone says:

    @Tim It appears your loan was purportedly sold on the secondary market. Whenever there is a notification of a series of sales this is a red flag your loan was allegedly placed in a trust.

    Often times, the parties who are involved in the creation and sale of a trust are all related – The originator, sponsor, depositor, trustee all have separate duties and specific roles. For this work, they collected fees. Many times investment banks would create separate units that would perform each of the roles. So, for example, Charter One was your originator. Charter One may have created a unit that acted in the role of the sponsor, called Charter One Mortgage. Countrywide was famous for setting up units to perform each of these roles…

    I would have to examine your paperwork, but my educated guess is your loan is in a purported trust that has RBS Citizens as the trustee.

    I understand how confusing this is. But when you learn how Mortgage Backed Securities are created – Originator to Sponsor, Sponsor to Depositor, Depositor to Trustee – Note and Assignments all locked down into the trust within 90 days of origination – it makes sense.

    Since you originated your loan in 11/03, all these assignments and endorsements on your note should be dated 90 days from that date, or by February 2004. So, if your loan is in a trust, it would have closed- or locked down by that date.

    In terms of next steps, I would recommend writing back to the servicer or party that answered your QWR and say, “the term investor, which you used in the QWR response means that my loan is in a trust. I demand you provide me with the name of the trust my loan is purportedly in. I also demand you provide me with the Pool Servicing Agreement that governs this purported trust. Lastly, I demand that you provide me the opportunity to view the original promissory note with the wet ink signature.”

    At the end of the day, you are looking for evidence that your loan was properly securitized. So you are looking for Assignments of Mortgage from originator to sponsor, sponsor to depositor, depositor to trustee – all dated and locked down into the trust by Feb. 2004.

    Also, keep in mind that the term, “holder of the note” means nothing. You are interested in learning who the “owner” of your note is – huge difference. Holders of notes can’t foreclose in judicial states – owners can.

    Please follow-up and send off this letter certified mail, return receipt requested. Be sure to keep the pressure up. Send letters every week if you have to. Call and tell them you are recording their response. Retain an attorney when you gather more evidence that your title has been clouded on your property.

    Stay in touch and leave me a message if you need more help. Good luck!

    2nd September 2012 at 8:29 pm

  201. tim says:

    Mary thank you very much for taking your time answering my questions.I would like you to know how truley grateful i feel for helping me.Im sorry ,my qwr does state rbs citizens is the holder and owner of my note and also states the loan is not located in a trust although on mortgage payoff statement investor no;077 is listed.The loan was originally serviced by charter one bank construction loan dept. CCO mortgage,formerly known as charter one mortgage, has serviced the loan continually since its conversion from a construction loan to a permanent loan in dec. of 04. Should this service transfer been recorded at county register of deeds?If there is an investor- which according to payoff instructions and i was told when trying for a loan mod in 09 that it was sold to a investor-should that have been recorded?Im just trying to learn if there are clouds on my title and any help is appreciated.Also qwr says rbs citizens N.A.successor by merger to the original lender charter one bank N.A . if this helps any. Also i live in mich.The servicing transfer and investor are not recorded in county registry. Thank you

    3rd September 2012 at 12:46 am

  202. Mary Malone says:

    @Tim
    Thanks for the additional info. It’s really hard to answer some of your questions without looking at your documents. Sorry I misunderstood you.

    As a rule, servicers are not required to record assignments for loan servicing. They should inform you of a change in servicers in writing. But if you are concerned that a change in servicers impacts your title, no worries. The servicer has a contract to service your loan. Their roles is to collect and process your monthly payments and disburse escrow payments. They do not impact your title.

    If your servicer is also your originator, then yes, if they “sell” your loan, recording the new “owner” of your note may or may not be required in your state. Property law is based on state law, so you should ask your county clerk, or your closing attorney, if this is required in MI.

    With regards to Investor, you will need evidence from a reliable source that your loan was sold to another party. Did you perform the MERS, Fannie and Freddie Look-Ups? Did you ever receive any letters in the mail from your servicer or originator that your loan was sold? Does your mortgage have a reference to MERS? Is there a MIN # on your mortgage? Is there language in your mortgage that your note and mortgage may be sold at any time?

    For peace of mind, I suggest you perform these look-ups to determine if the names of any other parties surface.

    For more info on Charter One and its parent, Royal Bank of Scotland:
    http://en.wikipedia.org/wiki/Citizens_Financial_Group

    Does this info help?

    3rd September 2012 at 3:13 am

  203. tim says:

    Hi Mary and thanks again for your response.I was wondering if you or someone you know could review my documents and what the fee would be?

    3rd September 2012 at 11:26 pm

  204. Mary Malone says:

    @Tim I’ll be glad to review your docs. Could you set up an email address and post it here? I’ll reach out and we can go from there.

    I do this on a volunteer basis so no fee is involved.

    4th September 2012 at 8:36 pm

  205. tim says:

    Thank you so much Mary.I have everything pertaining to this loan including all documents from register of deeds since its inception. just let me know what you need.Its so nice there is still caring people like yourself out there. At the end of the day i just want to make sure im paying the right party and will recieive clear title at the end.THANKS AGAIN

    4th September 2012 at 10:36 pm

  206. tim says:

    administrator can you set up an email address as per post. thank you

    5th September 2012 at 8:17 am

  207. Donald Day says:

    At the beginning of the year I sent a letter to our servicer, Bank of America, requesting that they produce the name of the owner as well as a copy of the documents regarding the loan, i.e. Promissory Note and Deed of Trust. As of this posting I have received no written answer. I have produced another letter, using your template and am sending it per your instructions. Shouldn’t the first letter suffice to find them out of compliance with Dodd-Frank?

    5th September 2012 at 10:10 pm

  208. Donald Day says:

    Did all the searches. Loan is listed in MERS as being part of the First Franklin Mortgage Loan Trust 2006-FF16. Went to SEC and located documents on this “Fund”. Went through FWP and other documants and found where Mortgage Loan Numbers are listed. Went trhough this document 5 times and did not find my property listed. Checked Loan Numbers (2x), Zip Code (2x) and even dropped the initial “400” from listed laon numbers and attempted to match remaining numbers with my loan numbers. Still could not locate it. Anyone run into this situation yet?

    UPDATE: Have been served, through regular US Mail, with “Notice of Foreclosure” assigning a “Substitute Trustee” and listing the OWNER as Deutsche Bank under the FFMLT 2006-FF16.

    6th September 2012 at 9:31 am

  209. Anonymous says:

    @Tim – I need your email address to reply. If that doesn’t work for you, email admin, provide your contact info and he will forward your contact info to me.

    @Donald Day: If I understand you correctly you recently sent a QWR letter, but in the meantime, performed the lookups on MERS, Fannie and Freddie? And MERS provided you with the name of the trust your loan is purportedly in? And you searched the SEC site, found the Prospectus and Pool Servicing Agreement and could not locate your loan in the trust?

    Great work, BTW.

    Also, are you in a non-judicial state?

    If so, you need to move fast – with all the info you have gathered. Have you searched for an attorney? If you provide me with the state your property is located in, I’ll help you find a lawyer who has knowledge and experience in foreclosure defense. Property law is state law and much depends on how much or little protection your state provides homeowners.

    Uncovering the PSA and learning your loan is not listed is a huge advantage. How you use that information, what tactics you employ really depend on how your state courts and Federal Bankruptcy Courts are ruling in cases like yours.

    So if you could provide me with more info, we’ll go from there, OK?

    6th September 2012 at 10:22 am

  210. Anonymous says:

    @Donald Day: Provisions of Dodd-Frank require the language used in the QWR letter to comply with RESPA. So it is good that you sent the QWR letter to BOA.

    Question – Your servicer is BOA, but who did you originate with?

    When did you originate the loan? Was it in 2006, if so, what date? Did you see a closing or cut-off date listed in the purported trust? If so, was that date before, or after you closed on the loan?

    Also – any mention of Fannie, Freddie or Ginnie on your loan docs?

    There should be a number of Assignments of Mortgage and endorsements on your note from all the parties that played a role in the creation and sale of the purported trust. I’ll look up the trust later today – when I finish another homeowners’ document review.

    In the meantime, do you have the names of the sponsor, depositor, trustee for the trust?

    6th September 2012 at 10:32 am

  211. mary malone says:

    Anonymous was me. I’m using my hub’s laptop. Sorry.

    6th September 2012 at 10:34 am

  212. tim says:

    ,Mary i must be doing some thing wrong or my computer is not working properly , i just resent info again, please let me know. Thank you

    6th September 2012 at 10:44 am

  213. tim says:

    admin. will you please forward email above to mary; thank you

    6th September 2012 at 11:11 am

  214. mary malone says:

    “On November 30, 2006 a single series of certificates, entitled First Franklin Mortgage Loan Trust 2006-FF16, Asset-Backed Certificates, Series 2006-FF16 (the “Certificates”), was issued pursuant to a pooling and servicing agreement, dated as of November 1, 2006 (the “Agreement”), attached hereto as Exhibit 4.1, among Financial Asset Securities Corp. as depositor (the “Depositor”), National City Home Loan Services, Inc. as servicer (the “Servicer”) and Deutsche Bank National Trust Company as trustee (the “Trustee”).”

    The fund is Asset Backed Securities (ABS) that means the loans in the pools also supposedly included mortgages on 1-4 family homes, in addition to second liens. These mortgages were packaged into pools and certificates were sold to investors. The deal is structured differently from MBS. So there may be an additional party who would be required to create and assignment of mortgage in your chain of title.

    The Pool Servicing Agreement is here: http://www.secinfo.com/dqTm6.v43z.b.htm#1stPage

    “Closing Date”: November 30, 2006.

    “Custodian”: Wells Fargo Bank, N.A., as custodian of the Mortgage Files, or any successor thereto, pursuant to the Custodial Agreement.

    “Trustee”: Deutsche Bank National Trust Company, a national banking association, or any successor trustee appointed as herein provided.

    SECTION 8.03
    Trustee Not Liable for Certificates or Mortgage Loans.

    “IN WITNESS WHEREOF, the Depositor, the Servicer and the Trustee have caused their names to be signed hereto by their respective officers thereunto duly authorized, all as of the day and year first above written.

    FINANCIAL ASSET SECURITIES CORP.,
    as Depositor
    By:
    /s/ Pat Leo
    Name:
    Pat Leo
    Title:
    Vice President

    NATIONAL CITY HOME LOAN SERVICES, INC.,
    as Servicer
    By:
    /s/ Steven A. Baranet
    Name:
    Steven A. Baranet
    Title:
    Vice President

    DEUTSCHE BANK NATIONAL TRUST COMPANY,
    as Trustee and Supplemental Interest Trust Trustee
    By:
    /s/ Marion Hogan
    Name:
    Marion Hogan
    Title:
    Associate
    By:
    /s/ Melissa Wilman
    Name:
    Melissa Wilman
    Title:
    Vice President”

    Contact Deutsch and demand to know why your loan is not listed in the pools. Make a record of the conversation – if you are allowed to record in your state, do it. If not, create a paper trail by emailing, and/or mailing letter to above contacts, certified mail, return receipt requested.

    6th September 2012 at 11:18 am

  215. tim says:

    Mary im not sure how how to get a hold of administrator to forward my contact info. Do i enter the info in the post?

    6th September 2012 at 12:25 pm

  216. Administrator says:

    tim

    I sent Mary your email address.

    6th September 2012 at 12:31 pm

  217. Donald Day says:

    @Mary
    Thank you for your reply Mary. I just returned from the County Recorder but first let me answer your question about the Originator, It was NationPoint. Now to the Documents I received today. In addition to the original DEED OF TRUST Naming NATIONPOINT there were several additions, ALL MADE THIS YEAR>
    1. Deed of Trust change Requested by BOA and prepared by a Danilo Cuenca of Chaplin SC assigning the DEED OF TRUST to DEUTSCHE BANK NATIONAL TRUSTas TRUSTEE FOR FFMLT 2006-FF16 as of 2-11-2012. This was notorized by a Eric T Way on the same day in Ventura CA. and filed here on 2/17/2012
    2. Deed of Trust change Requested by BOA on second loan, by BOA and signed by Martha Munoz, on 6/19/2012, assigning the Deed for Second Note to Wells Fargo Bank as Trustee for FFMLT 2006-FFB and recorded here on 6/27/2012
    3. APPOINTEE OF SUBSTITUTE TRUSTEE from Deutsche Bank to Trustee Services of Carolina LLC, signed by Megan Nicole Oxendare as AVP, notorized by Judith A Carter of Fayette County PA. This one actually mentions FORECLOSURE SALE.

    There is nothing recorded transfering DEED of Trust from NATIONPOINT to BOA.

    HELP!!!!!!!!

    6th September 2012 at 1:26 pm

  218. Anonymous says:

    OK, Donald. Here’s the deal. BOA assigned your loan into a trust 6 freak’in years after it closed.

    And we have the Pool Servicing Agreement to prove it.

    This is a violation of NY Security Law, which governs all the ABS and MBS trusts. The trust closed on November 30, 2006.

    This means that NO loans were submitted after this date. If indeed your loan was placed in this trust in 2012, 6 years after it locked down, ALL the investors who bought the certificates would lose their tax advantages. At the end of the day ABS and MBS were/are huge tax avoidance schemes. So, I promise you your loan was not placed into this trust on the dates listed in the Assignment of Mortgages. They are lying.

    Now, maybe it was allegedly placed in this trust by November 30, 2006. But they should have recorded the Assignment at that time, shouldn’t they?

    Here’s what we need to do:
    1. Take a deep breath and try to relax. You need all of your critical thinking skills now.
    2.Retain an attorney who has skills, knowledge and experience in foreclosure defense
    What state is your property in? Which mortgage are they suing you on? The first or second?
    3. Contact the Trustee of your first mortgage – Deutsche Bank – the Chairman’s office – and ask, “Gee, I just discovered my loan was placed in a trust. Give the trust name, and Deutsche is the Trustee. I would like for you to confirm that my loan is in this trust. Could you confirm that please?” Don’t mention the foreclosure, or any other legal action. You are trying to get them to admit that your loan is not in that trust.
    4. Lookup the trust on your second mortgage on the SEC website. You’e a pro by now on this. See if you can find your loan in the pool. Get the names of all the parties, along with contact info for Wells Fargo. Call the Chairman’s office of Wells Fargo and ask them the same questions you asked Deutsche.
    5. Keep a log of all your calls, and copies of all your letters and emails

    I know this sounds strange, but you are very fortunate that BOA assigned your mortgages into trusts. Many homeowners are being sued for foreclosure and the identity of the trusts is hidden. So you have an advantage many people don’t. We have located the PSA for your first mortgage and will most likely find the PSA for the second. This is a huge advantage.

    So, please provide me with the state your property is located in and we’ll find you a good counsel. How does that sound?

    6th September 2012 at 8:38 pm

  219. Anonymous says:

    @Donald:
    Here’s a link to signature of Eric T Way, notary. Does it resemble the signature on your doc?

    http://deeds.desotocountyms.gov/T/T03304-00576.pdf
    http://www.pottco.org/deed_pdf/2011/1/1/5/2011-11537.pdf

    Eric Way used to be a notary at BOA – when did he stop working there? See LinkedIn profile here:
    http://www.linkedin.com/pub/dir/Eric/Way/us-49-Greater-Los-Angeles-Area

    Martha Munoz is a notary
    http://www.findnotary.com/notary/san-bernardino/Munoz-Martha-117226
    Martha is also a home mortgage consultant at Wells Fargo
    https://www.wfhm.com/loans/martha-munoz/buying-a-house/buying-a-home/after-you-apply.page

    She signed as a VP of MERS
    http://www.pottco.org/deed_pdf/2011/1/0/5/2011-10518.pdf
    http://deeds.desotocountyms.gov/T/T03329-00560.pdf

    Apparently, the BOA robo-signers outlived their usefulness and became too well known. What to do, what to do. Oh, BOA has a solution. Their employees at BOA Ventura CA are picking up the slack and good ol Martha, an employee of BOA is signing docs as a MERS VP transferring real property to to her employer.
    http://4closurefraud.org/2011/06/27/false-statements-bank-of-america-bank-of-new-york-mellon-corelogic-cwabs-cwalt-mers/

    Trustee Services of Carolina LLC
    http://www.bizapedia.com/nc/TRUSTEE-SERVICES-OF-CAROLINA-LLC.html
    Is Megan Nicole Oxendare , AVP an employee of this company? If so, does she work in this office?

    Judith A. Carter is a register notary in PA with very good communication skills
    http://www.notarydepot.com/notary/notary2travel

    Megan and Judith need to be located in the same location in order for the notarization to be valid.

    6th September 2012 at 9:28 pm

  220. Donald Day says:

    @Mary
    Property is located in Snow Hill, NC. The Substitute Trustee, and foreclosure is on the first mortgage, though I have yet to be “properly served” for a foreclosure hearing in front of the clerk of court.
    I am looking for the FWB on the Second now and will sen the letters to both Deutsche and Wells Fargo tomorrow. Should I also send one to the “Substitute Trustee”?
    The assignments of first and second notes were signed by known or suspected Robo-Signers that are from MERS, INC and not either BOA or Deutsche. The assignment tot he Substitute Trustee is done under Deutsche Bank, but handwritten is BOA as Attorney In Fact. Another question I have here is the “Chain of Title”. There is NO ASSIGNMENT from the original lender to BOA for either loan. Does the Chain of title have bearing here?
    Thank you so much for your assistance in this matter and, if you can recommend a good attorney, hopefully that is willing to work either on a payment plan or someother arrangement as I have not been able to work since Dec 5, 2009 due to a work accident and have only my Military Retirement and my wife’s SS checks as income at present. Talk about “When it rains it pours”….
    Anyway, any help is greatly appreciated.

    Don

    6th September 2012 at 10:10 pm

  221. Donald Day says:

    @Mary
    Did the search and found the information on FFMLT 2006-FFB and it is even more convoluted than the other. Lehman Bros was involved in this one and when you look for the Loan Numbers and information guess what? All the loan identifying information, Laon Numbers, Addresses, County are BLANK!!! Now way to confirm with this that the loan is a part of it. However the closing date was November 30, 2006 as well.
    Just thought you’d like to know.

    Don

    7th September 2012 at 12:17 am

  222. Anonymous says:

    @Donald: I’m very sorry you have to endure this experience. You served our country and deserve special consideration IMHO. But we’ll get thru this by helping you retain a good attorney who will be your advocate. Once that happens, your stress level will go down very quickly. I promise.

    Your question: “There is NO ASSIGNMENT from the original lender to BOA for either loan. Does the Chain of title have bearing here?”

    Yes, the Assignment of Mortgages are critical for two reasons:
    -Preserve the chain of title on your property
    -Substantiate which party has a real interest in your property and the “right” to foreclose

    It is good news that you are in NC. It’s not fully a judicial state – but it’s not all in non-judicial either. Which means you have the courts protection and some really good case law on your side. All this is very good.

    I assisted another homeowner whose property is in NC. She interviewed lots of attorneys and retained one that she felt was up to speed on the elements of foreclosure defense we talk about. I’ll send her an email and ask for the attorney’s name – give it to you. I think he prefers sending the QWR letters – so if you haven’t sent a QWR for the 2nd mortgage hold off for now.

    In terms of cost, the more investigations into the transactions we do before we retain the attorneys, the better. When you meet with the attorney for the first time, have all your documents organized and can explain in bullet points what has occurred, you will succeed in getting the attorney up to speed very quickly. This will save you both time and money. So you are definitely on the right track.

    The fact that you haven’t been served yet is good too. You are using the time wisely.

    In terms of Assignments of Mortgage, your chain should look something like this:
    Originator to Sponsor; Sponsor to Depositor; Depositor to Trustee; Trustee to Trust

    In your case, you may also need to have Assignments of Mortgage from and to the seller of the certificates. And if the GSE’s are in your chain, Fannie and/or Freddie and/or Ginnie may need to be represented too.

    With regards to substitution of trustees, I’m learning this area as we move forward. From what I understand, the trustee of the mortgage – as opposed to trustee of the trust – is supposed to be an independent party who represents both the interests of the homeowner and the lender. So some people think that these substitutions are done because the original trustee would never sign off on a bogus foreclosure. So the “lender” usually BOA in non-judicial states, substitutes ReconTrust or another subsidiary to that position when they are getting ready to foreclose.

    I’m not an attorney and am not giving legal advice. Your attorney will be able explain how this works. This is just my understanding as a consumer.

    In terms of the trusts your 1st and 2nd mortgages are allegedly in:
    -We are certain there are no mortgages in ANY of the trusts. They made all this up. So, the fact that you are not finding your mortgage is absolutely no surprise to moi.
    -But we have theories and in court we need evidence and facts
    -The Pool Servicing Agreements and the documents created by the trusts that supposedly show all the loans in the pools – are excellent evidence that your attorney can include in a contesting answers to the foreclosure.
    -Print out or save your SEC docs on thumb drives and organize it so the attorney can simply pull quotes, content and cite pages in their contesting answers and briefs.

    The only action I suggest you take right now would be to organize all the evidence you have gathered to date into binders. Make 2 sets – one for you, one for your attorney. Also scan and save all docs on thumb drives. One for you, one for your attorney.

    You have gathered more than enough evidence a good attorney can use to represent you in this action. The legal strategy and tactics he/she recommends will be what you can talk about on your first consultation.

    I’ll obtain the NC attorney name and contact info and post it on TBP. At this point, I don’t think you need my analysis of the docs. But if that changes, I’ll be glad to review them.

    How does that sound?

    7th September 2012 at 9:44 am

  223. Donald Day says:

    @Mary
    I have gone one better on the SEC Docs, I think. I have requested copies of pertinent docs for each fund from the SEC, as well as copying them to my drive here. What really surprised me about the FWP on the second is, without identifying information being listed there is no way to prove or disprove that my loan is a part of that, other than the closing date. Alas, for them, it is also a double edged sword as there is no way using those docs to prove it is either :) (I’m learning) With that said, how can someone file docs with the SEC in a fund that size and leave over 1/2 of the required information BLANK?? Of course, we already know why it was done that way, so they can point to any loan with NC as it’s address and say “But this is your loan here”….done 6 years ago and clearly premeditated, at the very least, on the preparers part “Leahman Bros.” to defraud and play CYA at the same time.

    Well, back to work

    Don

    7th September 2012 at 9:59 am

  224. Mary Malone says:

    @Donald Awesome work.

    7th September 2012 at 3:11 pm

  225. Donald Day says:

    @administrator
    Could you fwd email address to Mary please. Thank you
    @ everyone else, good monring, woke up on the right side of the dirt and ready to go.

    8th September 2012 at 10:54 am

  226. Donald Day says:

    UPDATE: Went back and looked at my original DEED OF TRUST as well as the mortgage agreement. (C) LENDER is NATIONPOINT A DIVISION OF NATIONAL CITY BANK which we already knew was my original lender. Now here is something I never saw, or never paid attention to…(E) “MERS” is the beneficiary under this Security Instrument….”
    Here is something else I noticed, may have to deal with “Contract Law”….other than the notary attesting that My Wife and I signed the contract, there does not appear to be any signotory (not even a place for one) from the other side of the “Contract” anywhere in the document.

    8th September 2012 at 11:54 am

  227. Administrator says:

    Donald

    I sent it to Mary.

    8th September 2012 at 12:16 pm

  228. Donald Day says:

    @ Administrator
    Thanks

    8th September 2012 at 12:24 pm

  229. Donald Day says:

    Has anyone come across a searchable data base that lists FDIC payments to “Funds, trusts or Owners” or defaulted mortgages?

    just a though,

    Don

    9th September 2012 at 8:36 pm

  230. Donald Day says:

    Went to FDIC web site and submitted the following inquiry…..

    https://www2.fdic.gov/starsmail/index.asp

    I am interested in learning if there is a way to determine if a mortage, that is in default, has been submitted and paid under the mortgagae insureance program or, if the mortgage was inserted into a trust before default if that trust has been paid insurance proceeds due to the default.

    Thank you

    9th September 2012 at 8:44 pm

  231. Donald Day says:

    Found this article on web. Thought it might shed some light here on some things

    http://mattweidnerlaw.com/blog/2012/07/boom-mortgage-promissory-notes-are-not-negotiable-instruments-one-of-floridas-best-judges-finds/

    don

    10th September 2012 at 9:10 pm

  232. Mary Malone says:

    @Donald
    Thanks so much for sharing all this info. I’m sure you are helping many homeowners. Keep this up and we’ll have to put you on the payroll!

    11th September 2012 at 12:16 am

  233. Kim says:

    I sent a QWR to BOA on Aug 30, certified/return receipt. My mortgage was with Greenpoint in 2003, got transferred to Countrywide, then transferred to BOA currently.

    On Sept 11 I received a voicemail from a Carrie Cuomo from the office of the CEO or BOA. I have not returned to call because I don’t feel I need to. I sent the QWR with instructions, so what else do they need to know from ME? I am current on my mortgage and have never had a late payment.

    Should I return the call?

    12th September 2012 at 1:48 pm

  234. Mary Malone says:

    Kim, Yes, I would return the call. Just keep in mind the call may be recorded, so say as little as possible. Be sure not to acknowledge you have a debt. Let the chairmans office do the talking. I usually type an email to myself as the conversation progresses and then send it to myself as a record of the conversation.

    If they ask you why you sent the QWR, tell them you have been reading news reports that institutional investors are suing BOA and others for violating terms of the Pool Servicing Agreements and you are concerned about the servicing of your loan.

    So, you’d like to know if BOA is your servicer? Who owns your note? You’d like to view the original note with the wet ink signature and will travel to the office of BOA local attorney to view it.

    12th September 2012 at 9:34 pm

  235. Mary Malone says:

    Thanks for posting, Admin. I’ve been in contact with Deb, Brian, Donald and Tim too.

    It’s amazing how many homeowners are taking action by sending QWR’s and investigating their loans. Each situation is unique, but it is so inspiring to see homeowners become proactive and take charge of the process.

    Once people understand the fraud, how it affects their situation, they become empowered. They are no longer victims.

    Some are really drilling down and uncovering amazing info. I don’t want to reveal the tactics, because we don’t want to tip the banks off but I am confident that with all their hard work, some really strong cases will be moving through the state courts.

    Many of these homeowners are in positions to make case law. We’ll restore the rule of law, one property at a time.

    12th September 2012 at 11:00 pm

  236. tim says:

    just received notice from our home insurance company that our policy has been cancelled due to non payment. Called the insurance company and they stated mortgage servicer did pay them but two weeks late.Our payments are escrowed and havent been late.This does come shortly after sending a qwr- not sure it may be related or not -just wondering if this may have happened to any one else

    13th September 2012 at 12:19 am

  237. Don Day says:

    @Mary…thank you, just passing on info that may help others as you and the others are doing for me :) But if you want to give me a job….I won’t be selfish and say NO….and then just think, I might be able to make my payments :) j/k

    @All
    1) I discovered a couple of things during my research and chats with the estemiable (sp?) Ms Mary. My first was assigned into a Trust according to the information gathered, but the SEC filing didnt have the Loan Number I was paying under to the “pretender lender”. After going to the county recorder and scanning my docs into computer I saw a previously unknon number printed on the lower, right corner of the Type face area on the docs….was already pre-printed there when the docs came into closing…low an behold….it was the number used to sell my loan into the pool for the trust!!! So that mystery is cleared up. It was sold into the fund but when? Before or after the closing took place? Were all the required transfers by the Pool agreement properly made? Still researching that one.
    2) I pulled credit reports from Experian on myself and my wife earlier this year. With all this going on you should see my desk :) Then I saw the reports and decided to look at them with the “new site” this has given me…Mine…Loan Number had 3 additional numbers in front of it….Loan information correct…lender…amt…Balance as “TRANSFERED TO NEW LENDER” in Oct 2010…which is when BOA took over serving my loan….Then I looked at my wife’s…and BAM….Hers shows BOA as the original Lender. We though that maybe this was triggered by Fannie (aptly named for nightmare on elm street) and Fannie (We all know what comes out of that part of the body) but an immediate search of the Mac family registery did not turn up anything….Soooo the question here is..>Did Nationpoint fund the loan…or DID BOA?? Did Nationpoint “presell” the loan before closing?
    The more answers I find the more question come up. Had tennis shoes on when I started this 10 days ago….went and put knee boots on about 2 days ago…..today I was in hip boots and tomorrow I have my chest waders ready for action. Dont want to get on me while wading through all this #$#*

    Ok enough for tonight…Keep up the fight….one thing this forum and Mary has shown me…we’re not alone.

    So much FRAUD…so little time. (sorry Mary, I stole it)

    13th September 2012 at 2:31 am

  238. Mary Malone says:

    @Tim

    I have heard this happening to other homeowners whose servicer is BOA.

    They may be getting ready to issue a forced placed insurance policy on your home. This insurance company will, of course, be owned by BOA. The premiums will be through the roof, and the policy will cover the property, but not the contents. If something happened to the home, you may not receive compensation, because you wouldn’t be technically the policy-holder. BOA would be.

    If BOA is about to issue a forced-place insurance policy, this may violate consumer fraud laws – in many states there are statutes against this kind of action.

    If I were you, I would do the following ASAP:
    -Get that policy re-instated. Go all the way up the food chain of your insurance company, write letters describing what you just told me.
    -CC all letters to Michigan Attorney General and Directors of Consumer Protection, your Congressman, the Office of the Controller of the Currency
    -Demand that any and all consumer protection laws be enforced.
    -Consult with an attorney who specializes in consumer fraud and ask if you have grounds to sue BOA (free consult)

    BOA may be violating a slew of consumer lending/mortgage servicing laws. You need to get in front of this, get on the offensive. This sounds retaliatory for exercising your right to question your servicer about your loan in the QWR – let BOA prove that its not.

    I sent you an email, Tim, but didn’t hear back. My offer to examine your docs still stands.

    13th September 2012 at 9:04 am

  239. Mary Malone says:

    @Tim
    BOA could also just be incredibly incompetent and screwed up on the insurance payments.

    But I simply do not trust BOA, or any of these entities, and believe that homeowners should jump on any error BOA or others make. The truth is, BOA is obligated to make timely payments on your behalf from the escrow account. If they screwed up, for any reason, I think it’s worthwhile to call them on it and see if you can gain some advantage.

    You also want to put BOA on notice that you are onto their games and are ready to pounce the moment they make an error.

    I would inform the insurance company that they are not to cancel your policy, under any circumstances – without informing you first. If BOA is late on another payment, you don’t want to get the news in the form of a cancellation notice.

    13th September 2012 at 9:20 am

  240. Don Day says:

    Has anyone come across a signature from the following person
    Megan (Nicole) Oxendale, supposed Vice President of BOA, supposed located in PA. ??

    13th September 2012 at 1:11 pm

  241. tim says:

    Hi Mary just checking to see if you received my email concerning my docs

    13th September 2012 at 2:38 pm

  242. Mary Malone says:

    @ Tim
    I received 1 short email from you but no docs were attached. I sent you several emails – can you try again?

    13th September 2012 at 7:56 pm

  243. Don Day says:

    Read this everyone….
    The Federal Reserve on Thursday, in an effort to target stubbornly high unemployment, offered an array of open-ended stimulus programs designed to keep interest rates low until an economic recovery gains significant traction.

    In a strategy shift, the Fed’s latest round of quantitative easing, commonly referred to as QE III, will target mortgage backed securities rather than U.S. Treasuries. And, importantly, the Fed said it plans to keep interest rates low even after a recovery gains momentum.

    The Fed statement said it “expects that a highly accommodative stance of monetary policy will remain appropriate for a considerable time after the economic recovery strengthens.”

    Federal Reserve Chairman Ben Bernanke hinted recently that Fed policy could soon be tied directly to the U.S. labor markets. Without setting specific targets, the Fed’s announcement did just that.

    Stock markets soared on the announcement. The Dow Jones Industrial average was up more than 200 points at 3 p.m. EST.

    In a statement, the Fed said, “If the outlook for the labor market does not improve substantially, the committee will continue its purchase of agency mortgage-backed securities, undertake additional asset purchases, and employ its other policy tools as appropriate until such improvement is achieved in a context of price stability.”

    Read more: http://www.foxbusiness.com/economy/2012/09/13/fed-bernanke-decision-qe3/?test=latestnews#ixzz26Ov8QA6q
    I highly suggest everyone write their congressmen and senators to put a stop to this….IT’S FRDDIE AND FANNIE ALL OVER AGAIN!!!!!

    13th September 2012 at 8:54 pm

  244. Don Day says:

    Contact info for Congress can be found here.

    http://www.conservativeusa.org/mega-cong.htm

    13th September 2012 at 8:56 pm

  245. tim says:

    sorry Mary for the confusion. my fault i dont have a way to scan them .Can you email me a fax number? Or any other way to get them to you.

    13th September 2012 at 9:12 pm

  246. Stucky says:

    Mary

    Can you help my friend Oscar Robertson? You may have heard of him … voted the greatest basketball player of all time.

    Anyways, he’s facing tax foreclosure. Contact info below;

    http://www.usatoday.com/sports/nba/bucks/story/2012/09/12/basketball-legend-oscar-robertson-faces-foreclosure/57771338/1

    13th September 2012 at 9:25 pm

  247. tim says:

    Don ive been reading your posts and would like you to know im pulling for you and your family and truly hope it turns out well.

    13th September 2012 at 10:07 pm

  248. Don Day says:

    @tim Thank man, means a bunch. Have sat down and organized stuff and actually have quite a bit more than I thought. Flow charted the Chain of Title tonight and it jumps right off the page at ya. Now to get me a hungry lawyer :)

    14th September 2012 at 1:10 am

  249. Don Day says:

    @Tim
    Just came across this article and thought it might have some bearing on your posts man. Good luck

    http://dailybail.com/home/bofa-leak-exposes-possible-force-placed-insurance-fraud.html

    14th September 2012 at 4:53 am

  250. Don Day says:

    @Tim. Came across this web site Tim. Lists possible class action against lenders for “Forced Lender Placed Insurance. Deleware firm but says nation wide class action…..cant hurt. They have form you can fill out and send to them (I just did regarding BOA practices on Loan mods and collection actions) Check it out and let me know man

    http://www.chimicles.com/

    Don

    14th September 2012 at 9:33 pm

  251. Mary Malone says:

    @ Stucky
    I’m sorry to learn about Oscar’s troubles, but I’m afraid that tax foreclosures are really black and white. They have nothing to do with title or fake lenders. The only issue is, “Did the property owner pay their taxes, or not?”

    If he missed the deadline and the city wants to sell his tax liens to investors, he’s in for a really rough ride. Attorneys tell me they are terrified of tax foreclosures and urge clients to get on them right away and meet all deadlines.

    Way above my pay grade, I’m afraid.

    14th September 2012 at 10:21 pm

  252. tim says:

    thanks don ill check it out

    14th September 2012 at 10:39 pm

  253. Mary Malone says:

    We talk about the value of sending the Qualified Written Request letter to our servicers.

    I have another example to share on why the QWR letters are so important.

    A homeowner we’re helping is in Chapter 13. As part of that process, all creditors are required to file a Proof of Claim that is evidence they are owed a legitimate debt. It is very serious – if a creditor lies about being owed a debt – there is a $500,000 fine and slam time penalty. It’s a felony.

    Well, the homeowners originated their mortgage with Accredited Home Lending. Accredited went belly-up and filed Chapter 11 in 2009. HSBC was/is the homeowners servicer.

    Flash forward to the homeowner’s BK in 2011. The attorneys for HSBC filed a Proof of Claim that they are the lender and are owed X. The attorneys for HSBC submitted a Promissory Note (which they certified is a copy of the original document), along with Deed of Trust and an Assignment of Mortgage.

    Nowhere on the Promissory Note is there an endorsement from Accredited Home Lending to HSBC. Nada.

    The Mortgage is between Accredited Home Lending/MERS and the homeowners. Again, no mention of HSBC.

    The Assignment of Mortgage was created 2 days before the creditor hearing in the chapter 13 proceedings and 6 years after the loan originated. The Assignment transfers just the mortgage – not the mortgage and the note – from Accredited to HSBC. It is, of course, signed by HSBC employees as officers of MERS. And, Accredited was in chapter 11 at the time – so HSBC was, in effect transferring real property out of a bankruptcy estate to themselves. For that action to be legitimate, the judge and trustee in the Accredited proceedings would have to authorize such a transfer. No evidence was presented that this occurred.

    When the homeowners and their attorney examined the documents HSBC submitted to the judge and trustee on their case, they decided to flesh out HSBC and determine if there was an allonge, or second page attached to the original Promissory Note that had an endorsement from Accredited to HSBC.

    So, they sent a QWR letter to HSBC and its attorneys, specifically asking if there was an allonge, or back page of the note. In HSBC’s response, they sent the same Promissory Note that was submitted in the Proof of Claim. No allonge or back page with an endorsement to HSBC.

    So, the homeowners and the attorney agreed to move forward and file an adversarial action, challenging HSBC Proof of Claim. This means they are challenging HSBC has a real interest in their property, or is owed on a debt.

    HSBC attorneys respond, and say they just looked in the vault, and don’t ya know, they found an allonge with an endorsement from Accredited to HSBC that was never properly affixed to the Promissory Note.

    If the homeowners and their attorney had not sent the QWR letter they would be screwed right now.

    But because they went the extra step to box HSBC into a corner, they can legitimately argue that HSBC is committing BK fraud and have a fighting chance to eliminate the mortgage debt.

    14th September 2012 at 11:03 pm

  254. Mary Malone says:

    In a recent NY State Court Decision EMC Mortgage Corp v. Gass (Supreme Court, Rensselaer County) the homeowner contested foreclosure arguing EMC did not have standing:
    -Assignment was invalid
    -Lost Note Affadavit was fraudulent
    -EMC was operating under a consent order issued by the Office of the Controller of the Currency and did not have the authority to pursue the foreclosure.

    The judge agreed with the homeowner, who was pro se, and dismissed the foreclosure.

    Here’s a link to the case:
    http://stopforeclosurefraud.com/2012/09/13/emc-mtge-corp-v-gass-nysc-2-notes-2-assignments-lost-note-affidavit-allonge-indorsement-complete-utter-failure/

    The OCC and Fed issued Consent Orders against fourteen servicers. If your servicer was one of those 14, you may want to ask your attorney if you could enter evidence into the record about the Consent Order and argue the servicer lacks authority to foreclose:
    http://www.occ.gov/topics/consumer-protection/foreclosure-prevention/correcting-foreclosure-practices.html

    Of course, this is not legal advice. I’m not an attorney and won’t play one on TBP. Consider this just some friendly consumer education.

    15th September 2012 at 3:02 am

  255. Mary Malone says:

    People who strategically defaulted on their mortgages took the lazy way out. They probably have clouded title, but never bothered to research their loans and take their cases to the state courts.

    And their lack of of effort is coming back to bite them. The cronies who stole $13 trillion in MBS fraud and are now stealing the home are not threatened with slam time. But homeowners who defaulted on their mortgages are the focus of aggressive criminal investigations.

    Don’t say you weren’t warned….

    Mortgage cops taking tough stance
    Office of Inspector General on the prowl for strategic defaulters

    “”We are working with Fannie and Freddie to build a mechanism” to identify strategic defaulters, Wolfe said at a recent mortgage industry conference. So if you walked away from one property and bought another, chances are fairly good that the OIG is going to find you.

    If you conveniently left off the fact that you have an outstanding mortgage you failed to pay, or that you have a deficiency judgment against you for the difference between what you owe and what the house sold for at foreclosure, you’ve committed mortgage fraud.

    “Debts that haven’t been repaid don’t just go away,” said a Treasury Department official who asked not to be named. “It doesn’t matter whether it’s on your credit report or not.”

    If there is any indication that you falsified information on your new loan application, the OIG is “absolutely” going to refer you for criminal prosecution, Wolfe said. “We’re not just going to demand repayment,” he said. “We’re going to lock (people) up.”

    And if you think the mortgage cops won’t find you, think again. The OIG’s investigative office alone has a 45-person staff, “all experienced people with 15 to 20 years as investigators and prosecutors,” according to Peter Emerzian, deputy inspector general in the Office of Investigations.”

    http://www.chicagotribune.com/classified/realestate/foreclosure/sc-cons-0913-strategic-default-20120913,0,4134066.story

    15th September 2012 at 9:36 am

  256. Mary Malone says:

    John O’Brien, the MA Registrar of Deeds is keeping up the fight to clear property title and hold the bad actors accountable.

    Here’s an interview with Atlanta CBS affiliate’s showing all robo-signing continues long after the state Attorneys General settlement with the TBTF.

    Pass this link onto your county clerk or registrar and demand they refuse to record robo-signed docs in their registries:
    http://www.cbsatlanta.com/video?autoStart=true&topVideoCatNo=default&clipId=7691458

    15th September 2012 at 11:03 am

  257. kim says:

    IRS filing of 1099c by the lender if you accept debt forgiveness.

    http://www.fourwinds10.net/siterun_data/nesara/news/news.php?q=1347885824

    17th September 2012 at 7:02 pm

  258. Mary Malone says:

    @Kim Thanks for posting the information regarding IRS 1099c.

    It’s a good idea for all homeowners who receive a notice of debt forgiveness like this from Bank of America or any other bank to consult with their accountant, who is knowledgeable on this issue and/or an attorney.

    I worked with a homeowner who received this notice and she checked with her attorney and learned her Chapter 7 bankruptcy washed any tax bill away. So it really depends on individual circumstances…

    17th September 2012 at 11:49 pm

  259. jeanne says:

    Dear Administrator,

    My husband and I are currently attempting to refinance our mortgage from Chase to a credit union. The credit union claimed to have everything in order and pushed for us to close very quickly. We read through all of the refinance documents, discovering a number of errors, along with the absence of a copy of the original note from Chase. This fact did not dissuade the credit union – the errors weren’t even noted by the credit union, but then they are not the ones at risk of foreclosure after paying off their mortgage to the wrong party. We have been trying to obtain a copy of the original note from Chase since late 2010. We have scoured the internet for information on how to proceed, and have found some very good information, such as the article Who’s your lender by Mary Malone. We would very much appreciate if you could put us in touch with Mary Malone.

    Thank you very much for your assistance and your wonderful website,
    Jeanne

    18th September 2012 at 9:48 am

  260. Administrator says:

    jeanne

    Send me an email at [email protected] and I’ll connect you with Mary

    18th September 2012 at 10:06 am

  261. WIP says:

    Mary and Admin,

    You two are doing great things.

    18th September 2012 at 10:44 am

  262. Mary Malone says:

    @Admin, thanks!

    18th September 2012 at 11:17 am

  263. Don Day (DDAY) says:

    Update to all. Can’t give all secrets away…lol…but IF you decide to try and research your own situation there are official sites you can go to to find out a lot of info….i.e. Business searches on Secretary of State Web sites turns up a wealth of information…such as if your pretend lender is an actual business entity,,,,and in some instances lists of licensed Notories with business address. Chamber of Commerce web sites, every major city has a free yellow pages on line to see if you can find the entity listed there. This all brings doubt on the validity of the entity that is trying to foreclose, or the pretend lender behind the foreclosure. Takes time (sometimes a whole lot of it) but, nothing is worth fighting for more than your family and your rights. We are on the leading swell of what will become a Tsunami of citizens taking back their rights and re-inforcing the rule of law.

    Good luck and God Bless

    US Army Retired

    18th September 2012 at 12:52 pm

  264. Rich says:

    Mary, Mary. What a beautiful person you are. So much effort given freely. Astonishing.

    I am fairly resigned to being foreclosed upon, but have potential buyers to sell prior to any bank action. I happen to have quite a bit of equity and would like to keep what I can. In Colorado, where I am… non Judicial state, I must be the aggressor and probably file Lis Pendens and Torrens Registration (Quiet Title) to get the TBTF into court where discovery can occur, (WF and Freddie). It appears my loan is in a trust, but when I called the trust they told me it wasn’t. At any rate, it’s clear, WF (the originator and servicing entity) has been fully paid off, Freddie doesn’t ‘own’ it, they sold it to the trust (WFHM MBS Trust 2003-13) and insure it, even though a Freddie search says they bought it about 45 days after closing. So, I’m thinking, TARP funds have fully paid this note and the second with Key Bank. I don’t really want to sell. I”m widowed and 2 of our 3 kids still live here, but I’m so sick of the double dealing and greed, I want out.

    Every human being, with a ‘license’ to earn a living as an attorney, is an officer of the court. The court is part of the government. The government is the funder of the GSE’s. This is not just the TBTF clowns, it is our own government that is doing this!

    I doubt I’ll hire an attorney, I’ve talked to a few. Paid one guy a little. But if truth and honesty don’t take precedence over ‘procedure’, we can thank the attorneys who advise on writing laws. More laws won’t fix this country, there are always, always, always, work around’s.

    I’ll file the Lis Pendens and the motion for Torrens Registration or Certification….whatever it’s called to see if I can get these folks into discovery.

    I am eternally grateful for this thread. It is wonderful to see people standing up to the heavy handed tactics which are driven by greed.

    18th September 2012 at 9:23 pm

  265. Mary Malone says:

    @Rich I am so sorry you have to go through this experience. It is awful and it is wrong.

    To your point, attorneys and judges are officers of the court and they are ignoring the rule of law. IMHO Big Government has turned against the people.

    Time for “We the People” to take a stand and restore the rule of law.

    I admire your spirit and congratulate you on executing a creative tactic to get Wells Fargo into court.

    I started working with a non-profit group based in NJ that is helping homeowners across the country – including non-judicial states like Colorado fight the banks in court pro se.

    Finding experienced, knowledgeable and honest attorneys is the hardest part, IMHO. So, for you, and all other homeowners who cannot find, or afford attorneys, then this group may be for you:

    ” Anti Foreclosure Network, http://www.afnetwork.org/ which is a national, private, non-profit unincorporated association with its headquarters here in New Jersey. Our association consists of dues paying homeowners/members who are currently in or facing foreclosure, and who wish to defend their homes (with counsel or not). We are not attorneys, we do not practice law and we do not give legal advice.

    We have established a central hub for members to come and network (privately) with other homeowners across the country, as well as with our highly knowledgeable and experienced advisory members. As a member of the AFN, homeowners gain exclusive access to valuable information and resources through our secured website, constant email updates, weekly teleconferences and monthly meetings. The AFN focuses on equipping its members with all the necessary tools, knowledge and resources they need to defend their foreclosure. The membership is $5/mo which goes directly towards maintaining our heavily resourced site, and also any initiative that the group wishes to take in the interest of the members. Let me just add that the membership is growing by the day.”

    Give it a try. You can pay $5 month and cancel anytime. I’m told the conference calls, which are scheduled for every Thursday at 8PM, last for hours and provide homeowners with personal coaching and advice.

    Please stay in touch Rich and let me know how you do. If you need anything, just send Admin an email and he’ll pass your contact info to me.

    Keep up the fight – this is your home and it belongs to you and your family. God bless.

    19th September 2012 at 12:07 am

  266. Novista says:

    Oh Mary

    http://www.teribuhl.com/2012/09/18/what-bear-stearns-whistleblowers-told-the-sec-new-details-of-rmbs-fraud-cover-up/

    I loved this bit:

    “A recent Abmac filing says they reviewed 5,000 loan files valued at around $2 billion and 85% of the loans had deficiencies- problems that Bear should have known were there and thus never put the loan in the security in the first place”

    More goodies in the article.

    19th September 2012 at 2:19 am

  267. Anonymous says:

    @Novista,
    Wow, Terri is doing amazing work. This reads like a crime novel.

    Im going to send this article to local reporter we’re working with. She wrote a story about a Bergen County homeowner we’re helping. Very dramatic case. Ill post the article with comments on Sunday. But I think she, like many, believe massive foreclosure fraud that stems from mbs fraud is the exception, rather than the rule.

    The 88% of lians were

    19th September 2012 at 1:14 pm

  268. Mary Malone says:

    Jeeze, Louise these Droid phones can be a challenge. Sorry about the break.

    The audits uncovered an 88% fraud rate. These aren’t just financial transactions gone bad. There are families and individuals who sacrificed to purchase these properties. They invested the fruits of their labor to build memories and lives.

    And they were swindled. Families, net worth and lives were destroyed. Homeowners trusted the banks, the fed, their government.

    The country is broken. Broken chain of title, broken lives, just plain broke.

    We must take action and demand that the people who did this to us and our country pay the price. They need to lose their freedom, their cush jobs, their stuff and all their wealth.

    Time to restore the rule of law, our wealth and our dignity.

    19th September 2012 at 8:00 pm

  269. tim says:

    Very well said Mary

    19th September 2012 at 8:41 pm

  270. Mary Malone says:

    Wells, Morgan Stanley face investor claims on mortgage bonds
    Sept 19 | Wed Sep 19, 2012 12:05pm EDT
    “(Reuters) – Investors who hold $73 billion in residential mortgage-backed securities issued by Wells Fargo & Co and Morgan Stanley have sent notices to the banks alleging they did not perform their duties servicing the bonds.”
    http://www.reuters.com/article/2012/09/19/mortgagebonds-claims-idUSL1E8KJ79H20120919

    The investors are represented by Gibbs and Bruns law firm. If you have learned that your alleged mortgage is in a purported trust created and/or sold by Wells Fargo and/or Morgan Stanley, you may want to contact the law firm. Tell them you have evidence that your loan was never properly securitized and want to help them in their legal pursuit to make the investors whole. In return, you want their client (who ostensibly is your real lender) to extinguish the lien on your property in your Quiet Title Action.

    The contact info for Gibbs and Bruns is:
    1100 Louisiana
    Suite 5300
    Houston, TX 77002
    United States
    T 713.650.8805
    F 713.750.0903

    Managing Partner
    Scott A. Humphries
    [email protected]

    Hiring Partner
    Brian T. Ross
    [email protected]

    Executive Director & Business Development
    Tanya K. Urban
    [email protected]

    http://www.gibbsbruns.com/houston-united-states/

    20th September 2012 at 1:49 pm

  271. Mary Malone says:

    More info on lawsuits against the parties who fake securitized 66 million mortgages, this time from the companies that insured the MBS.

    From Alison Frankel at Bloomberg:
    “But the bond insurers have been busy as well. MBIA filed a new suit against JPMorgan last Friday in federal court in White Plains, New York, claim in g that its predecessor Bear Stearns fraudulently induced MBIA to insure a GMAC securitization.”
    http://newsandinsight.thomsonreuters.com/Legal/News/ViewNews.aspx?id=57193&terms=@ReutersTopicCodes+CONTAINS+%27ANV%27

    MBIA’s lawyers are Quinn Emanuel Urquhart & Sullivan.

    If you have evidence that your loan is in a fake GMAC trust, or if you originated with GMAC and the mortgage was allegedly “sold” then contact MBIA’s attorneys. Tell them you have evidence that your loan was fake securitized, especially if you have an Assignment of Mortgage that transfers your loan into a GMAC trust years after origination.

    Or, if you find any fraud in your GMAC transaction, such as inflated income on the application, robo-signers, broken chain of title.

    You want to help them get relief for MBIA. In return, you would like them to provide you with an Amicus brief (Friend of the Court) that outlines the fraud and can be submitted as evidence against GMAC in your court proceedings.

    Contact info for Quinn Emanuel Urquhart & Sullivan is:
    51 Madison Avenue, 22nd Floor
    New York, New York 10010

    tel. 212-849-7000
    fax. 212-849-7100

    Peter E. Calamari
    [email protected]
    http://www.quinnemanuel.com/offices.aspx

    20th September 2012 at 2:02 pm

  272. Mary Malone says:

    More from Alison Frankel at Bloomberg on MBS insurers lawsuits against firms that fake securitized mortgages. This time, the bond insurer is Ambac. They are suing Bear Stearns and EMC.

    “Meanwhile, the bond insurer Ambac and its indefatigable counsel from Patterson Belknap Webb & Tyler are rocketing along in Ambac’s sweeping fraud and put-back case against Bear Stearns and its onetime mortgage arm, EMC Mortgage. As the financial writer Teri Buhl was the first to report at her website, last month Ambac brought an action in Connecticut state court seeking to compel the loan reviewer Clayton Financial to produce the Bear MBS documents Ambac has subpoenaed. Clayton was one of the companies (along with Watterson Prime) frequently hired by MBS issuers to re-underwrite loans they purchased from mortgage originators to assess the mortgages’ quality before they were securitized.
    “http://newsandinsight.thomsonreuters.com/Legal/News/ViewNews.aspx?id=57193&terms=@ReutersTopicCodes+CONTAINS+%27ANV%27

    Again, if you have evidence (an Assignment of Mortgage dated years after origination transferring your mortgage into or our of Bear Stearns/EMC fake trust), contact the law firm. Tell them you have evidence that Bear Stearns, EMC did not follow NY Security law. Your transaction is riddled with fraud (if you have that evidence). You want to help them. In return, you want them to help you clear title or fight unlawful foreclosure.

    Ambac’s law firm is:
    Patterson Belknap Webb & Tyler LLP
    1133 Avenue of the Americas
    New York, New York 10036
    Tel: 212.336.2000
    Fax: 212.336.2222
    http://www.pbwt.com/contactus/

    20th September 2012 at 2:12 pm

  273. Mary Malone says:

    Listen up –
    We are seeing a huge number of cases where homeowners are being denied modifications, or being sued by fake lenders when the GSE’s Fannie, Freddie and Ginnie are in the chain of title.

    When the credit markets crashed and Washington DC cronies made the decision to bail out “Too Big To Fail” they gave taxpayer money to these firms.

    In return, the Federal Governent (Treasury) and The Federal Reserve bought the paper. The US Government bought the mortgages that were supposed to be in these fake trusts. The debts were satisfied (again) and the TBTF were bailed out (again).

    Now, the Federal Government is using Fannie, Freddie and Ginnie to foreclose on the properties.

    The Federal Government is stealing the homes. And they are doing everything they can to hide their interests. But we are finding evidence in mortgage docs, online searches and lawsuits posted online that FHFA is the driving force behind the illegal foreclosures.

    In the wake of The Fed’s announcement that they are going to purchase $40 billion in empty MBS every month until infinity, we know the Fed and Federal Government are going to steal ALL the homes.

    So, if, for some strange reason you do not believe that fake securitization affects you, think again.

    Regardless of your payment status, I urge you to investigate your mortgage and piece together the puzzle. Every homeowner in America needs to obtain evidence regarding the identity of their lender.

    Quiet Title Action is one of the biggest weapons we have. But just because we have it today, does not mean we will tomorrow. Any of these tools that allow homeowners to clear title and save their properties from illegal foreclosure could disappear tomorrow.

    Please act today.

    20th September 2012 at 2:28 pm

  274. Mary Malone says:

    US District Court, Southern District NY
    Homeowners move for class action status against Mel Harris and Associates LLC.

    Motion granted.

    http://stopforeclosurefraud.com/2012/09/21/sikes-v-mel-harris-associates-ny-certifies-class-action-sewer-service-rico-fdcpa-fraudulently-obtain-default-judgments-against-more-than-100000/

    21st September 2012 at 12:14 pm

  275. Stucky says:

    Nice article (imho) from the Daily Bell

    ============================

    QE3 – Pay Attention If You Are in the Real Estate Market

    Thursday, September 20, 2012 – by Catherine Austin Fitts

    I used to have a deputy who said that the FHA mortgage insurance funds were where mortgages went to die. That was, however, before the creation of MERS, derivatives and the explosion of mortgage fraud during the 1990′s which in combination with the “strong dollar policy” engineered what I have referred to as a financial coup d’etat.

    The challenge for Ben Bernanke and the Fed governors since the 2008 bailouts has been how to deal with the backlog of fraud – not just fraudulent mortgages and fraudulent mortgage securities but the derivatives piled on top and the politics of who owns them, such as sovereign nations with nuclear arsenals, and how they feel about taking massive losses on AAA paper purchased in good faith.

    On one hand, you could let them all default. The problem is the criminal liabilities would drive the global and national leadership into factionalism that could turn violent, not to mention what such defaults would do to liquidity in the financial system. Then there is the fact that a great deal of the fraudulent paper has been purchased by pension funds. So the mark down would hit the retirement savings of the people who have now also lost their homes or equity in their homes. The politics of this in an election year are terrifying for the Administration to contemplate.

    Various court squabbles over the MERS system for registering mortgages are also nipping at the Fed and Treasury heels. It is hard to win a presidential election in 3100 counties when multiple federal agencies are in the local courts trying to foreclose on half the county while supporting arguments that a national registration system is free to violate local property laws with impunity.

    Why should the sheriff respect your rights if you take the position that the county has no rights and local property laws are meaningless? In fact, the Sheriff does not have sufficient staff time to process foreclosures and protect the local citizenry from the growing crime that results from hard times. The Sheriff is also running for election and the people who vote for him or her comprise a much larger group than the handful of local professionals on the big banks payroll, including those processing foreclosures for FHA, VA, Farmers Home and Fannie and Freddie.

    So, it looks like the Fed decision last week to buy $40 billion a month in mortgage paper is the ultimate plan to clear the market once and for all of fraudulent mortgages, mortgage backed securities and related derivatives. This means Fannie and Freddie will be bailed out and winding down through the back door. This means the big banks may be paid in full for your mortgage. It also means your pension fund assets will not be marked to market – at the price of debasing the purchasing power of your assets and benefits.

    The Fed is now where mortgages go to die. Thousands of mortgages on homes that do not exist or on homes that have more than one “first” mortgage are now going to the Fed to disappear. Thousands of multifamily and commercial mortgages will be bought up as well. As this happens, trillions of dollars that have been amassed offshore will be free to come back into the US to buy up and reposition land, farmland, residential and commercial real estate and other tangibles.

    With documents shredded, criminal liabilities extinguished and financial institutions made whole, funds can return without fear of seizure.

    QE3 proves beyond any shadow of a doubt that the extent of the fraud was as bad as I said it was. You can count up the bailouts and QE1, QE2, QE3 the numbers speak for themselves. The fraud was indeed in the many trillions of dollars. It was intentional. It was a plan.

    Now, the $64,000 question for those whose house is underwater or whose mortgage is in default is whether or not you still owe on your mortgage. Certainly, you still do as a legal matter. If the bank has been paid off, arguably in some cases several times, why not you? Let’s see if Fannie, Freddie and the big banks are under orders to quietly pass through a portion of their largesse to troubled homeowners in amounts sufficient to unfreeze the market. If you are in a workout situation, you need to take notice. If enough mortgage write-offs flow through, the Democrats will quickly amass a lock on the elections in November.

    If you are in the market to buy a home or other real estate, you also need to pay attention – a major turn is now underway. Watch to see how much the banks pass through to homeowners and property owners to see how fast and big the turn may be. Watch to see the inflow of funds from offshore. This is not only funds returning but investors around the world looking to exchange their dollars for tangible assets to protect themselves from debasement of the dollar denominated deposits and securities they hold. Watch to see what the renegotiation of federal tax policy and the reengineering of the federal budget in response to the “fiscal cliff” do to reposition housing and real estate prices and cost of financing for an inflow looking for large accumulations.

    Finally, the way the Fed has engineered the Slow Burn to date is to continually offset monetary inflation with labor deflation. It is worth contemplating how much labor deflation will be required to offset QE3 and how sufficient additional labor deflation might be engineered. Ben Bernanke was quite clever to tie QE3 to unemployment. The problem has become the solution, which is the basis for QE-Infinity.

    http://thedailybell.com/4323/Catherine-Austin-Fitts-QE3-Pay-Attention-If-You-Are-in-the-Real-Estate-Market

    21st September 2012 at 2:13 pm

  276. Mary Malone says:

    @Stucky – Great article – thanks for posting.

    It is very instructive that this massive transfer of wealth and elimination of property rights is happening right before our eyes. And nobody seems to notice.

    The GSE’s have been turned into the muscle that confiscates American homeowner’s property. You would not – or maybe you would – believe the amount of fraud we are uncovering. And behind it all, stands, Freddie, Fannie and Ginnie.

    These GSE’s, which only exist out of the largesse of the taxpayer – are the entities that are actively seizing Americans homes – and facilitating illegal foreclosures.

    Law firms are marching into state and federal court pretending to represent a fake trust – and they are really being retained by Fannie, Freddie and Ginnie.

    The fraud is all layered beneath official documents that nobody reads.

    I know you used to be a mortgage broker – we could really use your help in uncovering the fraud and helping people protect their homes.

    Whadda ya say, Stuck?

    21st September 2012 at 8:50 pm

  277. Don Day says:

    @ All…just checking in to see how everyone is doing. My searches are about done and I am now actively seeking a good attorney to put everything I found (sent 1 of them 19 seperate points and documentation to back them up) with the help of Mary and others posting on here. As I told his assistant when I talked to them on the phone “I didn’t want this fight and did everything I could do, jumped through all the hoops, but now they have left me no choice. I MUST FIGHT!” Thanks to people like you and others I know now what was hidden from me and will, GOD wiling, turn around and shove it back ummmmmm down their throats.

    Keep up the good fight and dont give up. I now call upon all current and former members of the US Military, that took the same oath I did, to PROTECT AND DEFEND THE CONSTITUTION OF THE UNITED STATES FROM ALL ENEMIES, foriegn and domestic. I call upon all curent and former members of the ABA to research this subject thoroughly and assist people to do what lay in your hearts when you took your oath…find justice wherever it lay. I call upon all like minded members of the various police forces and dectective agencies to do as your credo states “Protect and defend” You also have unique attributes that can aide in the fight to restore the rul of law in this country. It’s a huge fight, going against not only the Big Banks in the US, but some of the largest banks in the WORLD.

    This is not a call for revolution but a call for assistance. If you know of others in need of your unique attention to detail, tenacity and research skills, band together legally and assit those citizen’s across this country to take back their rights, using the 800 lb Gorilla these people have been running around THE LAW.

    Use your rights as a free citizen to vote out the very people that empower the ones trying to take your homes from you. I dont care what party or philosophy they are, or you are. If they empower people to attempt to take your homes, use your vote to kick them out of office.

    God bless you all, and God bless the PEOPLE of the United States of America.

    22nd September 2012 at 8:21 pm

  278. Don Day says:

    OK, anyone got a list of address for sending the QWR’s?

    23rd September 2012 at 9:11 pm

  279. don day says:

    ok here’s another question, anyone know an easier way to collect information on mergers/bankruptcies and shut downs?

    23rd September 2012 at 9:32 pm

  280. kim says:

    Two things:
    1) A gentleman foreclosed on Wells Fargo Bank for not responding to his QWR and then not paying the subsequent fine. You can probably google or go to youtube and find the video. I think he was in Pennsylvania.

    2) For those who want to fight but can’t afford an attorney, try retaining one pro-bono. Law students have to put in 50 hrs under the supervision of a licensed attorney. It’s one way to get free representation, and would probably be better than going in pro se.

    24th September 2012 at 1:19 pm

  281. Mary Malone says:

    @Don Here’s a good site that has the scoop on all failed banks, mortgage brokers and originators – http://ml-implode.com/

    24th September 2012 at 7:36 pm

  282. Brian says:

    @Mary

    “Listen up –
    We are seeing a huge number of cases where homeowners are being denied modifications, or being sued by fake lenders when the GSE’s Fannie, Freddie and Ginnie are in the chain of title.”

    That would be me. lol

    I recieved the QWR back from Wells Fargo and all they returned to me was that Fannie is the investor of the loan. I can’t find anything about what happened after Fannie purchased the thing. They don’t have to report any filings to the SEC so nothing is turning up on their site. I called them and get the run around bla bla bla.

    I think I can get past summary judgement based on the fact that Wells themselves admit they don’t own the loan so they don’t have standing. The attorney I’m working with says while that is true many judges in this state have ruled in favor the plaintiffs in summary judgements anyway. It really is ridiculous.

    I’ve also outlined the multiple instances where Wells has outright lied and they haven’t even considered me for a HAMP modification when I qualify. I believe they are trying to string all this out until the end of the year when HAMP expires. Clean hands they do not have. If I can get past the summary judgement then we can get on with the disclosure and then these liars will have to put up. These folks even lied and said I called them and told them I wanted to cancel my modification application which is what sent me to foreclosure in the first place. They of course wouldn’t tell me who did that and won’t turn over any of their documents which are actually my documents to me as I have filled out so many I don’t even know what they have anymore. They are supposed to have them all as spelled out in the servicer guidelines though. You can also open a escalation case with Fannie which I haven’t done yet but I’m sure I’ll get the same run around.

    That OCC link you put up showing the consent orders the banks agreed to is a good one sadly I don’t think anything is being enforced at this point. Not many really care an only want it to appear they do.

    I don’t know if anybody read the OCC interim report but they awarded 394 million in civil penalties due to that ruling but here is the kicker………..

    “In the agreements struck by the OCC with these mortgage servicers, the servicers do not contest the OCC’s ability to impose penalties aggregating to $394 million, and the OCC agrees to hold those penalties in abeyance provided the servicers make certain payments and take other actions under the National Mortgage Settlement with a value equal to at least the penalty amounts that the OCC would otherwise assess.”

    So as long as they show they can offset that amount they will pay nothing.

    “Lump sum payments can range from $500 dollars to $125,000 plus equity in the most egregious cases. The remediation amounts contained in the financial remediation framework are intended to reflect financial harm caused by errors in the foreclosure and loss mitigation process.
    No remediation has been made to date as the independent consultants continue to review files and recommend remediation or other compensation.”

    As of this report they have paid nothing. It’s pathetic at best. Here is the report if your interested in reading it.

    http://www.occ.gov/news-issuances/news-releases/2012/2012-95a.pdf

    25th September 2012 at 11:36 am

  283. Stucky says:

    “I know you used to be a mortgage broker – we could really use your help in uncovering the fraud and helping people protect their homes. Whadda ya say, Stuck?” —– Mary Malone

    First, I apologize for taking so long to answer. I just now saw the post.

    I have seen the fraud first hand … not in the depth that you know, not even close … but from the “local mortgage brokerage firm” point of view. Falsified income and bank documents, altered inspection reports, dictating the needed appraisal amount to the appraiser, fake letters of employment, etc etc ad nauseum.

    I will give serious consideration to this request in the near future.

    .
    I am approaching helping the homeowner in another manner — loan modifications …. for those homeowners who want to pursue that venue.

    The problem has been (and continues) that the homeowner has three choices, all of them poor.

    1) use a loan mod company — 95%, if not more, are pure scam artists

    2) use an attorney —- only a real estate attorney has a legitimate shot. Even then, most don’t have an excellent understanding of the process. Most will simply get the “mod package” from the bank and fill it out. That’s pretty useless. The ones that do a good job will charge thousands … attorney time ain’t cheap.

    3) rely on the bank — pretty useless, relying on the lender to do the right thing!! Fact is, they simply don’t want to modify any loan … often even when it makes sense. A homeowner simply filling out the paperwork … well, it’s pretty much a waste of time.
    .
    .
    I’ve written software (97% done) which generates a Loan Modification Package automatically; Income Statement, Asset Statement, Expense Statement, and others … plus the recommended change to the interest rate, term, and/or balance reduction all based on the Fed’s “waterfall” approach … and using the lender’s DTI and other ratios.

    The homeowner needs to know nothing whatsoever about all these technicalities. ALL they have to do is enter their income, assets, and expenses … simple stuff they should already know … into a simple form with extensive helps. For example, it will automatically warn the homeowner if their expenses are too high or too low (both are problematic), and then they can make changes accordingly. In a nutshell, enter your data then click on “Report”, and they are done.

    The cost will be $100, or less … and I guarantee the documentation will be better than ANY attorney’s out there. I cannot and will not guarantee the homeowner will get a modification. That decision rests solely with the lender, and their motivations can never be known beforehand. But I will guarantee the homeowner will be in the best possible position to influence the lender towards their favor. The other benefit is that if the lender refuses a loan mod, even if it’s in their best interest to do so …. then a competent attorney will have ample evidence in a lawsuit.

    I’ve put the project on hold due to personal issues, some health issues, and a pretty massive technical one. The technical one has been resolved (basically a rewrite of the software). I’m making good progress on the other issues. Your request has added fuel to my desire to get my ass back in gear. Thanks for asking.

    25th September 2012 at 12:19 pm

  284. Mary Malone says:

    @Stucky: Your software program that creates custom modification for homeowners is absolutely awesome. I understand your plate is full, but when you are ready to roll it out, I’d love to help you get it in front of homeowners.

    The modifications are needed for 2 reasons:
    1. to negotiate with the “lender” in the event that they have the ability to actually create a new deal for the homeowner and provide meaningful relief
    2. show judges in judicial foreclosure states that a serious effort was made to settle with the “lender”.

    Many judges in NY courts are dismissing foreclosures with and without prejudice when the attorneys for “lenders” bail on modifications. A buttoned up modification plan based on real world scenario and facts will carry enormous weight.

    Please let me know when you’re ready to roll!

    25th September 2012 at 8:38 pm

  285. Mary Malone says:

    @Brian “I recieved the QWR back from Wells Fargo and all they returned to me was that Fannie is the investor of the loan. I can’t find anything about what happened after Fannie purchased the thing. They don’t have to report any filings to the SEC so nothing is turning up on their site.”

    The GSE’s, Fannie, Freddie and Ginny are using the TBTF as their agents to foreclose on American’s homes. You’re right – Wells does not have standing – and neither does Fannie.

    But in non-judicial states, like your attorney said, standing isn’t a strong affirmative defense. Sigh.

    I just joined the Antiforeclosure Network and they are working on citing elements of The Patriot Act in the QWR letter to compel the GSE’s to provide homeowners with evidence on who exactly funded their loan. I’ll send you – and we’ll post the template when it’s ready.

    In the meantime, did you ask your attorney about issuing a subpoena to Fannie and demanding evidence of their real interest in your property? Might be worth a shot. Also, did you ask him about Quiet Title? From what I understand it can be started at any time.

    Not an attorney, so I’m not providing legal advice. Just some friendly consumer education.

    26th September 2012 at 12:13 am

  286. Stucky says:

    Mary Malone

    Will do!! And thanks for your encouragement and validation. It means a lot to me.

    26th September 2012 at 9:23 am

  287. vandalbill says:

    @Mary Malone

    Were you able to get any foreclosure info about Idaho for Lee. I also live in Idaho and was curious about the statutes. Also my servicer is B of A and my investor is Ginnie Mae. Anything I should be aware of? Our QWR is going out on monday.

    Thanks,
    Bill

    29th September 2012 at 1:30 am

  288. Camri says:

    I would like to get in touch with Mary. Can you please give her my email address?

    29th September 2012 at 4:30 am

  289. Novista says:

    Stucky

    You’re doing a Good Thing.

    29th September 2012 at 6:38 am

  290. Administrator says:

    Camri

    Send me an email at [email protected] and I’ll pass it along to Mary.

    29th September 2012 at 10:08 am

  291. anonymous says:

    having a hard time understanding what assignment of mortgage means. results from my qwr states an investor being part of my mortgage that i am unaware of. did a assignment need to take place when this investor become part of this mortgage? and if so how do i find out? any help would be appreciated. thank you

    29th September 2012 at 12:11 pm

  292. Stucky says:

    Camri

    I have been able to get hold of Admin at the following email addresses;

    .
    [email protected]

    [email protected]

    [email protected]

    [email protected]

    [email protected]

    29th September 2012 at 12:28 pm

  293. Brian says:

    @Mary Malone

    The plaintiff’s are saying they basically don’t have to abide by fannie mae servicing guidelines since they aren’t the law. Then later in their answer they say that they have standing because they are the servicer and fannie mae’s servicer guidelines say they do. So they are basically saying they want to have their cake and eat it too. They basically are saying they don’t own the note fannie does and have also filed a lost not claim which they haven’t proven anything about where, when, how the note was lost just think hey it’s filed end of story. I think they just throw everything against the wall and hope a judge agrees. They are also claiming that since some federal courts have ruled that HAMP does not give the borrowers third party standing then that is the end of it even though some federal courts have ruled the opposite. Now this is just our summary judgement hearing an they are bringing into evidence paperwork from wells from just the last month not the entire paperwork which I want and on and on as if this is the trial. They also file their answer late so we are trying to get that stricken from the record for now.

    I asked my attorney about subpenaing Wells and Fannie for information and he said that would come up during discovery if/when we get past the summary judgement and a trial date is set. Honestly it appears to be a coin flip with these judges on how they look at this stuff. It’s quite maddening. Theeir attorneys put up a document in their answer that wells says they have exhausted all avenues for a modification and I have emails that they were still asking for paperwork a month after the date they show. I guess we’ll see what happens. If Ruler on Ice wins the Jockey Club Gold Cup today I think I’ll be able to pay em off in cash anyway. LOL

    Hey I returned your email and never heard back from you a while back? Did you ever get it?

    29th September 2012 at 4:28 pm

  294. Mary Malone says:

    @Vandalbill Homeowners are afforded little to no protection from the Idaho judiciary, I’m afraid. I learned the federal bankruptcy courts are worse than the state venue. I spoke at length with an attorney in Idaho, who seemed to be a really good guy. He advises homeowners who are under water and facing foreclosure to allow the foreclosure and sale to go thru. When they stay in the home, eventually a rep for Fannie, Freddie or fake trust will stop by the home and ask what it will take for the homeowner to leave. They call this cash for keys.

    Or, once the sale goes through, the homeowner and attorney will examine the paperwork post sale to determine if the identity of “real lender.” If the names do not match – homeowners can sue for illegal foreclosure, and some people have won. But they are well out of their home by then.

    Every state in the union should be a judicial state. I know that sounds like a daunting task to change – but it really needs to be done.

    If your investor is Ginnie Mae, your mortgage was purportedly securitized and is allegedly in an MBS trust that is insured by that GSE. Ginnie does not insure individual mortgages – just MBS trusts.

    Ginnie did not loan you, or anyone else the money to purchase or refi a home. Ginnie does not “own” your Note. And, it is against Fannie, Freddie Ginnie guidelines to foreclose on any property.

    But that will not stop them from demanding the “servicer” of the mortgages take steps to foreclose. That is the situation Brian is fighting right now.

    Question – Have you examined your property records in the county registry? The reason I ask is, they often record an Assignment of Mortgage or Assignment of Deed of Trust when homeowners ask for modifications, fall behind on payments, or declare bankruptcy. The GSE regs require the servicer file those Assignments. So, you may want to check your registry and see if any new docs like this have popped up.

    We are testing a new version of the QWR that includes the following:
    I would like to know the source of the funding for the mortgage loan under the provisions of The Patriot Act.

    You may want to include this language in your QWR.

    Your loan will most likely be in a trust. That trust could be a public deal or a private deal. Your goal is to get the name of that trust, so you can go to the SEC website and pull the Pool Servicing Agreement, if it is a public deal. If it’s private, you can demand the PSA from the trustee of the trust, or your servicer.

    Lots here. The QWR should help you uncover more info. Please stay in touch and let me know what their response is.

    29th September 2012 at 10:22 pm

  295. Mary Malone says:

    @Anonymous says:” having a hard time understanding what assignment of mortgage means.”

    Good question.

    Here’s a link to one of the most comprehensive explanations:
    http://stopforeclosurefraud.com/what-is-an-assignment-of-mortgage/

    If I understand you correctly, the results of the QWR revealed the name of an investor who you had no knowledge of before?

    Was it a name of a purported trust? If so, I’ll be glad to look-up the pool Servicing Agreement for you and post the link on the strand.

    With regards to the Assignment of Mortgage, you would not be sent a copy. The document would have been created by your servicer or perhaps your originator and recorded in the property records at the county registry or registry of deeds. This is public information, which you can view, and make copies. So, I suggest you visit your county registry, look up your property records and see if an Assignment of Mortgage has been recorded for your property.

    If you have any other questions, please don’t hesitate to post them on this strand. I’ll be glad to help you sort out the info, OK?

    29th September 2012 at 10:46 pm

  296. Mary Malone says:

    @Brian: Good to hear from you. I sent you several emails and hadn’t heard back. Our emails must be lost in cyberspace!

    I’m glad you retained an attorney and putting up a fight for your home.

    It sounds like the Plaintiffs are mailing it in. Fannie does not own your Note. Your mortgage was fake securitized – I am certain. They sold you Note that’s why they don’t have the original. They think if they file the Lost Note Affidavit that’s the end of the story. If this judge buys that crock, shame on him!

    I have an idea the folks at the Anti Foreclosure Network suggested – you may want to run by your attorney.

    The Patriot Act requires that the “source” of funding be revealed.

    Well, what if you made a request, in a returned answer on the QWR, stating,
    “I would like to know the source of the funding for the mortgage loan under the provisions of The Patriot Act.”

    If you can get the name of the fake trust your loan is purportedly in – then it’s a whole new ballgame.

    Give me a shout on my email if you would like to chat.

    I’m proud of you, Brian. You’re in the fight – who knows where it will lead?

    29th September 2012 at 10:58 pm

  297. Mary Malone says:

    New & improved Qualified Written Request (QWR) courtesy of Max Garnder
    9/28/2012

    Homeowner name and address

    Servicer Address for QWR
    (Contact customer service and ask for specific address)

    RE: Your name
    Property Address
    Your account number
    Your social security number (sometimes required)

    Dear Sir/Madam:
    This is a Qualified Written Request (QWR) as defined by the Real Estate Settlement Procedures Act (RESPA) for information regarding the mortgage loan as referenced above.

    It is also a request for the source of the mortgage loan funding under the provisions of The Patriot Act.

    In addition, it is also a request made pursuant to Section 404 (b) of Public Law 111-22, Section 404(b) for the name, address and telephone number of the holder and owner of the Mortgage Note and for the same information with respect to the Master Servicer of the obligation. Please note that your failure to respond to this request will result in civil action by us pursuant Section 1641(f) of Title 15 of the United States Code.

    By our signatures below, we authorize you to furnish us with the requested information, and any other information regarding our account and the mortgage loan.

    Based on written information(insert why you are concerned. Was it a conversation with customer service? Discrepancies in documents? Just one line to justify why you are taking this step) it is unclear as to who is the current holder and owner of the original mortgage note. Therefore it is requested that you resolve this uncertainty and dispute by providing us with the following information:
    1. The name and address of the owner of the Promissory Note signed by me and secured by the Deed of Trust in the mortgage loan referenced above.
    2. The name and address of the entity that legally is the “holder” of the Promissory Note signed by me and secured by the Deed of Trust in the mortgage loan referenced above. If your answer is the same as your answer to #1 above, you may simply reply, “same as #1.”
    3. The names of all entities to which the Promissory Note referenced above has been sold or otherwise transferred at any time, and the dates that each sale or transfer of the Note occurred.
    4. A copy of the Note referenced above showing all endorsements that have occurred, together with any allonge that exists to that Note.
    5. The names of all entities to which my Mortgage or Deed of Trust has been assigned, and the dates that each assignment occurred. If any assignment in blank has occurred, include it and the list of dates with the notation “In Blank” in place of the name of the entity.
    6. A copy of each of the assignments reflecting each assignment referenced in #5 above.
    7. A copy of each written notice that has been sent to us informing us of the sale or transfer or assignment of the Note or Mortgage referenced above. You need only include notices sent by you or any corporate affiliate of yours, or notices of which you otherwise have actual knowledge. You need NOT include in any Notice of Transfer of Servicing that may have been sent pursuant to RESPA. This request is only for notices that have been sent in compliance with the Truth-in-Lending Act.

    Thanking you in advance, I am

    Very truly yours,

    Homeowners

    29th September 2012 at 11:08 pm

  298. Brian says:

    @Mary

    Do you have the specific provision in the Patriot Act that you are speaking of? It’s too late for another QWR so I’d have to throw it at the judge unless of course we get by the summary judgement. I am going to vehemently request that we have time for discovery because they guys keep throwing more and more stuff in every time they answer something.

    I’ll try you via email again. I haven’t gotten anything kicked back. Stupid Yahoooooooooo!!

    30th September 2012 at 1:09 am

  299. vandalbill says:

    @Mary Malone,

    Thanks for your awnser. Not quite what I wanted to hear. We are currently not underwater (there is a little equity left…) and we are current. For me I just want to know that at the end of this string of monthly payments I’ll get my deed of trust. Also since the future looks bleak economically at present I would like to have my ducks in a row before hand.

    Also wanted to thank you on behalf of everyone on here. The length of this thread and the effort you have made to respond to so many questions has got to be a huge commitment of time for you. Thanks for taking the time to help us out!

    Bill

    30th September 2012 at 1:52 am

  300. Novista says:

    Mary Malone

    http://www.peakprosperity.com/podcast/79665/janet-tavakoli-understanding-derivatives-and-their-risks#article-transcript

    Chris Martenson interviewing Janet, link opens to the transcript. I’d rather read than try to hear. :-)

    Every little bit helps, I reckon, to understand the =depth= of the frauds.

    Keeping up the sterling work, I see. Kudos.

    30th September 2012 at 7:12 am

  301. Brian says:

    @Mary

    I’m guessing the section of the Patriot act your referring to is section 306?

    http://en.wikipedia.org/wiki/USA_PATRIOT_Act,_Title_III,_Subtitle_A#Sec._326._Verification_of_identification

    I’m actually thinking of filing a quiet title claim against Wells Fargo after reading this. According to this they HAVE to know who they sold the mortgage too and whoever they sold it to has to know who they then sold it to and on and on. These folks think they can just go to the county assessor’s website and print off the mortgage and note from back in ’05 that we signed and print it off and then file a lost title claim. Now I’m not saying the mortgage is invalid but that Wells Doesn’t have claim to the title since they sold it.

    If they don’t have the information to show the court who they sold it to then they have violated the law. What a shock. lol

    They should be able to find the chain of title if they followed the law.

    30th September 2012 at 12:06 pm

  302. Mary Malone says:

    @Brian: Here’s a link that explains all the parties who are obligated to reveal the source of funds: http://homelandsecurity-us.com/banking.html

    Yes, Quiet Title Action is a tactic you may find successful.

    Here’s a link to John Stuart who is an authority on Quiet Title:
    http://www.showmetheloan.net/Latest%20Quiet%20Title.pdf

    [email protected] to get on his newsletter

    Please send me a note and I’ll respond right away. I have some other ideas for you to pursue.

    Keep up the fight, Brian….

    30th September 2012 at 8:34 pm

  303. Mary Malone says:

    @Brian – From a post about your mortgage earlier in the strand:
    “So, your goal is to box them in now – and obtain as much evidence as possible that Fannie is the owner of your note and has all the assignments to verify that it is indeed the investor. It is vital to get your hands on the original promissory note. You are looking for the endorsement from your originator to Fannie. If Wells Fargo has the Note, they may allow you to see it at one of their attorneys’ offices. If you can, go, take multiple photos, – front, back sides and be sure that there is not an Allonge – second page that sometimes magically appears in courts across the country with the new “lenders” endorsement.”

    Update – You’re clearly boxing them in.

    Question – They claim they “lost the note?” Did you originate with Countrywide?

    30th September 2012 at 8:42 pm

  304. Mary Malone says:

    @Vandalbill I’m sorry I couldn’t provide a cheerier report for homeowners like yourself in non-judicial state. But I always do better when I get the straight scoop – thought you would feel the same.

    Since you are current and have equity, you are in the catbird’s seat.

    I’m not an attorney ,so cannot provide legal advice. But from a consumer education standpoint, you may want to consider the following as next steps:
    1. QWR (see new template posted yesterday, citing The Patriot Act)
    2. Once the reply comes back, write back to your servicer and request to view the original promissory note with the wet ink signature

    Please hop back onto the strand once you receive a reply and we’ll coach you with what to do next.

    Knowledge is power Bill. You are in a great position to play offense.

    30th September 2012 at 8:49 pm

  305. Mary Malone says:

    @Novista Thanks so much for the link to the interview. Great stuff.

    Here’s the money quote:
    “So this isn’t a new problem, and this isn’t just a problem that’s occurred under the past four years; this has been building up under the Clinton Administration, under George W. Bush’s administration, through Obama’s Administration. It’s a bi-partisan betrayal. And again, it all comes down to control fraud. If we didn’t have these toxic mortgages, we would have a much smaller problem.”

    30th September 2012 at 9:21 pm

  306. Mary Malone says:

    For homeowners sending QWR for the first time, or a follow-up letter to the servicer in response to your QWR request, here’s the language to incorporate about the P.A.T.R.I.O.T. Act:

    “Pursuant to the P.A.T.R.I.O.T. Act please provide me with accounting, the source and flow of funds that funded my loan.”

    30th September 2012 at 10:46 pm

  307. Mary Malone says:

    Info all homeowners need to get in order to track the identity of the lender and the path their loan took in fake securitization, need to find the CUSIP number for the MBS their loan is allegedly in.

    What’s a CUSIP number?
    A CUSIP is a 10 digit code that is used to track all securitzations globally. If your loan is allegedly in an MBS trust, that trust has a CUSIP number. And you want it.

    http://www.newyorkfed.org/markets/Agency_MBS_CUSIP_Aggregation_faqs.html

    So, in your QWR, or QWR follow-up, or Discovery be sure to request the CUSIP number for the MBS trust your mortgage is allegedly in.

    Once you have the CUSIP, especially if the QWR/MERS search showed that Fannie, Freddie or Ginnie was your investor, you can look-up your mortgage pool on the GSE’s websites if you have the CUSIP number.

    Hat tip to our friends at the Antiforeclosure Network http://afnetwork.org/

    30th September 2012 at 10:58 pm

  308. vandalbill says:

    @Mary Malone,

    Thanks for the straight dope on the situation here in Idaho. May not be what I wanted to hear but knowledge is power. I have my QWR ready to send. Very early in this thread you advised Lee to send her QWR to Brian Moynihan. BofA has an address to mail the QWR, should I mail a copy to both?

    Again thanks your help

    1st October 2012 at 7:29 am

  309. Mary Malone says:

    @Vandalbill Yes, I would mail and fax to both addresses. Also, official name is the PATRIOT Act.

    Let’s see what Brians reaction is to that. Heh.

    1st October 2012 at 8:25 am

  310. Eli Levinson says:

    We are paying on time( loan originated 4/27/2007), have 760 FICO, no one can refinance our loan with Freddie MAC ….I wonder if after paying 30 years they can deliver clean title. The servicer never answered any refi requests.
    The loan was generated as a 80/20 which was a lie. we put zero 0 down payment, no earnest money..Recorded wrong and appears wrong in our credit report.

    I found my loan in MERS and Freddie. I would like to explore my options.
    Have an intelligent experienced lawyer contact me for a win/win cooperation in a possible quiet title effort.
    Eli @ 210-605-4760

    1st October 2012 at 1:04 pm

  311. vandalbill says:

    @Eli,

    This is my same concern, paying on time now but when this thing is paid off can they deliver to me a clean title? I am not sure what the future holds but I also don’t want to be scrambling to get these anwsers from my lender if/when my own situation should change.

    Check out this link about a state supreme court ruling out of Washington:

    http://www.nakedcapitalism.com/2012/08/washington-supreme-court-issues-mers-smackdown.html

    1st October 2012 at 2:38 pm

  312. Mary Malone says:

    @Eli and Vandalbill: We’re working with a number of homeowners like both of you who are current on their mortgage but have serious concerns they will not have clear title at the end of the schedule.

    Over 66 million mortgages were fake securitized, so if you have MERS anywhere in your chain of title, or had a mortgage at one time that was securitized, your chain of title may be broken. We are very worried that when this breaks wide open, too many homeowners will be caught off guard.

    So you are both right to take steps now to try to assemble a paper trail on what entity funded your purported mortgage.

    From what I understand Quiet Title Action can be a very powerful tool to use in all cases, but especially non-judicial states.

    In the end, it comes down to clear title.

    Here’s a link to a person whose work on Quiet Title is top notch. He helps many people for free and is very generous with his time.

    Here’s a link to John Stuart who is an authority on Quiet Title:
    http://www.showmetheloan.net/Latest%20Quiet%20Title.pdf

    [email protected] to get on his newsletter

    Another good org to join is the Antiforeclosure Network, which is really a misnomer, because their guidance helps all homeowner http://www.afnetwork.org

    Once you receive your reply on the QWR, check back in with me and we’ll sort it out.

    I’ll call you later tonight Eli.

    You’re both very wise to be concerned and take action now.

    1st October 2012 at 7:29 pm

  313. Novista says:

    vandalbill’s link is interesting, and in the comments is this:

    http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1684729

    Two Faces: Demystifying the Mortgage Electronic Registration System’s Land Title Theory

    52 page pdf

    Christopher Lewis Peterson

    University of Utah – S.J. Quinney College of Law

    September 19, 2010

    Just downloaded it. I suspect this will be important analysis for all who’re having problems. And for those who are still yapping about moral hazard, how will you feel as a taxpayer when you find out that all mortgages were paid off in ‘saving the world’ and now the scum want the houses, too?

    1st October 2012 at 9:50 pm

  314. Mary Malone says:

    @ Novista exactly right. The fraud is carefully hidden, so nobody is the wiser until the music stops and tbe monthly payments end. Were breaking thru tho, and helping more and more who are current on their payments and concerned about title.

    The steps we outline, along with tbeQWR are revealing the mbs fraud for all homeowners. Word is spreading and people are waking up.

    I predict we’re going to see a wave of Quiet Title Actions and homeowner class action lawsuits against pretender lenders and mbs swindlers.

    This is just the beginning. It’s starting to sink in that the mortgages were fully paid off in TARP, insurance payments and cdo swaps.

    It’s about to get very interesting.

    2nd October 2012 at 2:18 pm

  315. Kim says:

    Got a response from BOA on my QWR and basically they just stated they were the investor and servicer of my loan. No trust info…NADA.

    Should I send a second QWR asking more specifically for the trust/securitization and to view the wet ink note?

    My original mortgage was a MERS thru Greenpoint.

    Where should I go to do a forensic audit on my mortgage?

    Thanks for the help!

    2nd October 2012 at 3:18 pm

  316. Novista says:

    Mary Malone

    I forgot this one yesterday:

    http://www.teribuhl.com/2012/10/01/how-the-ny-ag-built-his-rmbs-case-against-jp-morgan-for-bear-stearns-sins/

    2nd October 2012 at 6:26 pm

  317. Mary Malone says:

    @Kim that’s not a bad start. Yes, write them back and insert the PATRIOT Act language, request to view the Note with the “wet ink” signature and request the CUSIP number for your loan application.

    They just admitted your loan was purportedly securitized by using the term investor. So you can use that as your basis for concern under RESPA. Also cite the statutes we use in the new and improved QWR to confirm you know the law.

    Question – have you retrieved your loan docs from your county registry? If not, perhaps there’s an Assignment of Mortgage recorded that will provide us with more clues.

    Once you receive the QWR response, check back in here and we’ll see about reviewing your docs. I think its too early – we need more info.

    How does that sound?

    2nd October 2012 at 6:34 pm

  318. Mary Malone says:

    @Kim, yes also request the name of the trust your mortgage is purportedly in and the Pool Servicing Agreement that governs the alleged trust.

    2nd October 2012 at 6:41 pm

  319. Mary Malone says:

    @Novista thanks so much for the link. Terri is doing amazing work. I would love to meet her sometime and swap mbs fraud stories over a bottle of wine – or two.

    2nd October 2012 at 6:48 pm

  320. Don says:

    I’m just an old soldier. I believe when you are in a battle to hit them from all sides. It will not work with a few but when you have many doing it they MUST take notice.

    Keep fighting on the front lines like we are but let’s enlist help. I have found several things that I am now using as well and, after passing through Mary here they are.

    The act of assigning a Loan to a Closed trust opens that trust and brings with it tax consequences. I have found IRS form 3949A is for reporting possible tax violations. If you have experienced what I have fill out this form and send it in.

    Under the Federal Settlement with the Big 5 there are certain practices that are no longer allowed such as Dual Tracking “Offering mods and going through with foreclosures at the same time”, Robo-Signing and other things. The first report is out there. Google Federal Settlement Report. The following link will give you the contact information for HUD (the monitoring entity on this). What I recommend is if you have run into these problems lodge an official complaint. Heres the link

    http://www5.hud.gov:63001/po/i/netlocator/

    Reports have come out on the Federal Settlement. If you have received numerous requests for doc in the mod program, from different service centers like I have, and already have a foreclosure and sales date, like I do, while waiting for final decision on mod application, like I am then they have violated the settlement.

    As we find more it will be posted here.

    Keep up the good fight, we’re on the front lines guys.

    3rd October 2012 at 10:07 pm

  321. Brian says:

    Thanks for the info Don. The problem is they keep violating all these consent orders and new servicer requirements and the courts keep letting em get away with it. Hell I have a summary judgement hearing next week and I show my lawyer the servicer requirements from fannie that they stipulate they have the note in their vault and all Well’s has to do is request it yet they file a lost note affidavit and my lawyer tells me the judges just don’t care and usually just accept the lost note affidavit and go on. They don’t even require em to show they even tried to locate the origional. It’s beyond ridiculous.

    4th October 2012 at 1:22 am

  322. Brian says:

    Oh another thing when they answered our reply Wells said that they don’t have to follow any of the guidelines set forth from Fannie since they aren’t laws so even if they violate em all over it really doesn’t matter. I’m sure they’ll get away with that too. Hell they already filed their paperwork late and got away with it and added some crap onto their origional filing and got away with that too. It appears the courts don’t really give a damn because their attitude is well you signed it and you didn’t pay so tough. Even though they told me to stop paying in the first play or they would never even look at me for a Forbearance to begin with. All lies on top of lies that they get away with.

    4th October 2012 at 1:26 am

  323. Mary Malone says:

    @Brian – I understand your point. A NJ homeowner told me she and her husband appeared before the NJ judge in their foreclosure case and were berated by the judge. The judge said, “Do not think for one minute that you are going to get a free house. People’s pension money was lost. You will have a mortgage – even if I have to create a new one for you.”

    The Plaintiff is the serivicer. The alleged lender is a Deutsche Bank fake trust. Same story – alleged mortgage was assigned 5 years after origination into a dead trust.

    So, the Plaintiff refuses to provide Discovery – because they’re not the lender. The NJ judge is letting them get away with it – because he’s worries about HIS pension.

    The NJ Judiciary Retirement Fund is broke. They have a 8.25% smoothing rate. When’s the last time anyone earned 8.25%? We went online, found the NJ Retirement Fund 2010-2011 Report and it states the fund has $600 m + in mbs in their portfolio,

    Also found the list of all judiciary employees enrolled in the pension fund – that will be bailed out by the taxpayer soon.

    I believe the homeowner is going to enter all this data into evidence and demand the judge recuse himself. She should move for a change of venue – Federal Court in the NY Southern District, where she can argue NY Security Law.

    You may want to consider this approach, Brian. Public pension information is all public – make the accusation of bias and let them prove you’re wrong. Go for a change of venue – if the Big Pension Funds can move for trials in NY Southern District – you can too. As long as your purported loan traveled through NY at some point – you can get the venue change.

    You can stay with one of the 600,000 NJ homeowners who are fighting illegal foreclosures.

    Think about it.

    4th October 2012 at 10:11 am

  324. Don says:

    @Brian. I have read about the same horror story here in some cases, but when it went to the State Appeals court the Appeals Judge did the right thing and took into account everything the defense had presented, usually resulting in an over trun of the lower court’s decision. All I am suggesting is to use the resources at hand to go after these SOBs outside of the court proceedings. Thanks to folks like Mary and you and everyone else on here I have gotten the horse back infront of the wagon here (instead of just being run over by it). I filed with the IRS, and filed a compalint with the NC Banking Commission and HUD today. IF they get my house I plan on making it the most expensive property aqusition for them in the state before I am done. I’m not an attorney but I do believe that you have every right to file complaints and inquiries when you believe a violation has been committed, regardless of the status of your legal action. If not then OPPS!!!
    @Mary you told me about that case yesterday and I am still in shock that the judge would make such an admission on the record. Even our redneck judges down this way have better sense than to do that.
    Update: Immediately after filing my complaint with the Banking Commission alleging at least 2 violations of the Federal Settlement terms (each carrying a 1 miliion dollar fine) and a violation of the Dodd-Franks Act I receive a FEDEX saying they do not have a needed document to complete the loan mod (which we all know is fake). This 2 days after a recorded conversation stating they had em all. An immediate call to my pretender Account Manager reealed some intersting stuff.
    Manager “Mr Day I have all the required documents and they are in the computer”
    Me “I have the letter here just delivered by FEDEX saing you need SS Benefit Statement. With the lost of my entire document package by the Cary NC service center and now this I am beginning to suspect that someone from your organization is stealing these documents in an effort to commit IDENTITY FRAUD”
    Manager (Stuttering) “I dont know why they would request a document I have already put into the computer. I will have to get int touch with the associate that requested it and am doing the email right now” Ummm the letter was signed by the account manager :)
    Regarding Wells Fargo, the reply to my request for information (goverened seperate from the QWR under NC Gen Statute) was that they were under “contractual obligation not to discuss the account with anyone. We are forewarding your request to your servicer “NATIONSTAR MORTGAGE”. Umm my servicer for both loans has been BANA for the last 2 years!!!! This prompted an immediate dispatch of RFI and QWR to both of these organizations requesting, amoung other things “Documents showing that you are the Authorized Servicer for this account”
    Keep fighting, if it wasnt so tragic about what is hapening to all of us it would make a great comedy. “The Keystone Lenders”

    4th October 2012 at 12:29 pm

  325. Mary Malone says:

    Don is absolutely correct. The point of this post and thread is to provide homeowners with weapons they can use to gain real relief by using the letter and spirit of the law.

    This is a huge battle, no doubt. And their goal is to wear homeowners down, so we surrender our largest asset and hand in the keys.

    I am not an attorney, and we do not provide legal advice.

    But the law, and these regulations are a HUGE advantage for homeowners. We must use EVERY weapon we have in the legal and bureaucratic arsenal to roll back the tyranny and take our properties back.

    The beauty of this strategy is, anyone can do it. If you have access to a piece of paper, a phone, a computer with email account, you can bombard the parties who are pretending to administer regulations and law and demand that they do their jobs.

    Will this strategy work if just one lonely besieged homeowner hammering away? Probably not.

    But will it work of hundreds of thousands and perhaps millions of homeowners take up the fight?

    You betchya.

    Remember, there are far more of us than there are of them. As more and more homeowners conduct research on their purported mortgages and uncover the massive fraud, they will retain attorneys who see mucho bucks in multi-plaintiff lawsuits.

    The courts, and the banks simply cannot handle the volume that we have of these cases. That is why, every homeowner must be creative and find a way into court. Even if that judge is corrupt and a coward, you set it up for appeal.

    If the courts are flooded with Quiet Title Actions, the banks will not have the ability to defend all the lawsuits. They will not show up and without an adversary, you can present your case to the judge without objections.

    You are not just saving your own property, you are saving your country.

    Do it.

    4th October 2012 at 1:45 pm

  326. feeling vulnerable says:

    We are in the process of working with a company that has attorneys trained to build a case against the bank. They want 7,500 to do this….[rates may be higher in our state]. They came highly recommended and seem to really know what they are doing thus far. We both filed Bankruptcy through them already.

    Presently, they are going through the “motions” of doing a loan-modification with the bank [which we will not actually do]. It is putting off the pending foreclosure at the same time it is apparently a way to gather evidence about the legitimacy of our loan. We are getting very nervous about the monthly threats from the bank and wondering what we can do to gather information our self and gain more confidence with the prospect. We also can’t afford the 7,500 and are wondering if you have any suggestions like making a deal to pay once our case is resolved or something along those lines. The thought of spending that kind of money only to find out that we have no case is not something we would be able to stomach [or pocket]…

    We live in the SF/ Bay Area of CA.

    Any advice you can offer would be greatly appreciated…

    feeling vulnerable

    4th October 2012 at 5:19 pm

  327. Sean says:

    lol, my loan is with GMAC, from the land of Bankruptcia.

    4th October 2012 at 7:19 pm

  328. Don says:

    @feeling vulnerable
    Some ideas would be to try and get in with a local attorney on a free consulatation basis…taking everything you have regarding the loan and ask for his opinion on it. Even if you have to pay him a small retainer to get him to be able to offer you a leagl opinion on it. Have you been able to do any research on your own? Documents from the County Recorder’s office, looking at your copies of the loan docs (if you still have them) anything like that? If not start there and we’ll help from here as much as we can.
    Has the lender actually sent you the Default Notice or served you with a compalint/forclosure process yet?
    The CA AG just posted an indepth report about how some servicers are failing to adhere to the stipluations in the Federal Settlement and maybe can be of some help here is the link to the report
    http://oag.ca.gov/

    4th October 2012 at 8:12 pm

  329. Mary Malone says:

    @ feeling vulnerable I understand your POV , especially since you live in a non-judicial foreclosure state.

    As Don and Brian say, the AG Global Banking Settlement has a number of provisions that require servicers to negotiate modifications in good faith. Meaning, they can’t operate on a modify/foreclose dual track anymore. If they do, homeowners need to report it ASAP.

    So, you are wise to continue your role in Kabuki theater modification performance. It should buy you time.

    There are number of things you can do while you are waiting for the other shoe to drop that will provide you with evidence that you can use in negotiations with your “lender”.

    If you haven’t already, I strongly suggest you perform the MERS, Fannie and Freddie Look-ups. See what evidence you can uncover about the identity of your investor/lender.

    Next, be sure to write and send the new and improved QWR with the PATRIOT ACT provision. They have 30 days to answer the request and provide you with the evidence you requested. If they fail to answer this request, it is a violation of federal RESPA and The PATRIOT ACT. Not a good place for them to be.

    I agree $7500 is a very big nut. That seems especially high, since it appears they are only representing you for a modification. I have seen these agreements and all are filled with caveats that really don’t deliver meaningful relief to the homeowners. I read one agreement from a firm like this which stated a cash for keys, or deed in lieu was a positive outcome. The firm charged the homeowner $2500. I tried to talk them out of it by reasoning that any homeowner could hand the keys in for free. But they were scared and desperate so they ignored my advice.

    I do think all homeowners benefit most from having an attorney who has knowledge,skills and experience in fake securitization and illegal foreclosure.

    Let me do some research on CA firms that are representing homeowners and winning.

    In the meantime, please perform the look-ups, send the QWR and then come back to the strand and let me know what you uncovered. We’ll coach you on what to do next.

    Hang in there – knowledge is power and you have the ability to turn this situation around.

    How does that sound?

    4th October 2012 at 8:26 pm

  330. Don says:

    Here is a link to an intersting article about the IRS implications of late assignments to these trusts.

    http://livinglies.wordpress.com/2012/10/02/remic-status-under-fire-huge-losses-from-tax-liabilities/

    4th October 2012 at 8:47 pm

  331. Mary Malone says:

    @Feeling Vulnerable: John Stuart, an authority on Quiet Title Action works with attorney in CA . This may be exactly what you need, once we know exactly what occurred in your transaction:

    Charles Horner does forensic examinations, about $500: [email protected]
    Timothy Peabody is a California attorney who can write your complaint, pleadings, motions, responses, replies, etc; and does the securitization audit for the case: about $3000: [email protected]

    http://showmetheloan.net/whatsnew/?p=1

    Also, whenever the “lender” collections call, tell them to contact you in writing only from now on. Be certain NEVER to admit that you have a valid contract (mortgage) or a debt that is owed.

    The strategy is called Deny and Discover. Deny all claims – if the judge or “lender” asks you if you borrowed money, say, “No, your honor I did not borrow any money.”

    If the Judge says, “Didn’t you sign the Mortgage and the Note?”

    You say, ” You honor, I signed several pieces of paper, with the words mortgage and note written on them. But I don’t know if that’s what they really were. I have no idea – and highly suspect – that the document before you are not the ones I signed.”

    The judge flips out and demands to know exactly what you think occurred, you say, “A credit may have been extended, but from where that credit came from, our where it went, I do not know.”

    If the judge presses, say, “Are you asking me to testify against myself?”

    I understand you are in a non-judicial state and will have to be creative to get in front of a judge. But if you do appear, this is what advocates for homeowners recommend. Neil Garfield, http://www.livinglieswordpress.com created the strategy and it works.

    This is not legal advice. It is some friendly consumer education.

    4th October 2012 at 10:34 pm

  332. Don says:

    Just another note. The QWR is deffinately a good tool to have and I have found another. Research your state statutes for something like Borrower Requests for Information. From what I have read in various areas judges do frown upon non-compliance with Federal Law, but they really pay attention when a state law is blatantly broken. What I am doing is the QWR, with the Patriot Act language inside of it. I then followup with a Borrowers Information Request quoting NC General Statutes. Will split what I want to get from them between the two, that way they can not complain that the one was “too in depth and complicated” to complete on time. If they ignore one it could be laid off on a misunderstanding, ignore both and it’s blatant noncompliance. :) Will let ya’ll know how this tactic works once I get my replies.

    4th October 2012 at 11:11 pm

  333. Brian says:

    @Don

    “Immediately after filing my complaint with the Banking Commission alleging at least 2 violations of the Federal Settlement terms”

    Who did you file your complaint with? The Office of Comptroller? Hell I’m gonna do this too and see what happens for dual tracking which they have done in my case. After talking with my attorney today it appears the lost not affidavit will be allowed no matter what. He’ll argue everything but he says he’s never seen one tossed out and he’s handled a lot of foreclosures in the last five years. I guess we’ll see. That isn’t our only defense to get past the summary judgement but I guess it doesn’t even matter if they even try and get the origional or not as long as they have an affidavit from a flunky that says they tried that is good enough. Even though Wells own servicer rules state they have to put in a request for it if your 90 days in arears to begin the preparation for the foreclosure. Of course they don’t have to follow rules.

    4th October 2012 at 11:54 pm

  334. Brian says:

    @Mary,

    So that is just peachy keen. The judges who’s pension invested in MBS has to steal folks homes to make sure his pension is paid off. I think I’ve heard it all now. Also got the fed reserve pumping 40 billion a month into the kitty too. Then on top of it all we have the Libor rate fixing scandal that nobody cares about. If I shake my head anymore at the nonsense I keep reading my brain will scramble.

    4th October 2012 at 11:57 pm

  335. Mary Malone says:

    @Brian I know, the judges’ comments wreak of corruption. Welcome to NJ!

    Across the river, in NY courts, homeowners are winning foreclosure cases left and right. Judges in Brooklyn, Queens and even the upstate regions understand fake securitization and are dismissing cases in large batches when they see Assignments dated AFTER the trust closed.

    I was talking to a NJ homeowner who has a cousin that’s a judge in Brooklyn. He asked her about her POV on the foreclosure cases. She said she assumes they are riddled with fraud when they reach her, so she just kicks them out.

    So, we may not be able to move a case across the river when its initiated against us in NJ, but if we can file against the banks in NY courts – play offense – this may be the best strategy for homeowners. I need to learn more about how this works – but if large institutional investors are able to file in Southern District of NY under NY Security Law – then homeowners should be able to initiate their cases there too.

    Brian, I sent you several emails, never received a reply. Not sure why our emails are not reaching one another. Do you think mine may be in your spam folder? I have some info that I’d like to share with you that your attorney may be able to use. So could you try sending me another email?

    5th October 2012 at 9:04 am

  336. Mary Malone says:

    @Brian “The judges who’s pension invested in MBS has to steal folks homes to make sure his pension is paid off. ”

    It gets even worse, Brian. NJ state investment portfolio is loaded with distressed debt. The state actually invests in funds that purchase non-performing loans – credit card, auto, home.

    Distressed debt is huge segment of the portfolio.

    The Governor and his AG have absolutely no interest in cleaning up the foreclosure fraud because the state has a vested interest in seeing these loans fail.

    So homeowners are not just fighting the corrupt banks. They are fighting their own state and the federal government.

    The government has turned against its people.

    5th October 2012 at 9:13 am

  337. Mary Malone says:

    ALERT ON CUSIP NUMBERS:
    I’m learning that it’s not just our loans (mortgage, credit card, auto) but also OUR LOAN APPLICATIONS that were assigned CUSIP Numbers.

    What does this mean?

    It means once a consumer fills out a loan application, that application is assigned a CUSIP Number, sent to a server that categorizes the characteristics of the applicant ant their credit worthiness. The applications are then bundled into batches – credit approved, credit denied.

    Then, investors from around the world bid on the sale of the loan applications. The winner packages the applications into MBS, ABS and other products that are sold to pension funds and other large institutional investors.

    This is how the mortgages were forward “sold” and packaged into MBS, and ABS BEFORE the loan even closed. All these criminals needed was your social security number, your bank account numbers and your signature.

    No loan, no problem. The application will do.

    http://www.newyorkfed.org/markets/Agency_MBS_CUSIP_Aggregation_faqs.html

    So, in your QWR, or QWR follow-up, or Discovery be sure to request the CUSIP number for the mortgage application.

    This may stop all actions in their tracks.

    5th October 2012 at 9:32 am

  338. Mary Malone says:

    FYI
    OneWest Bank AND Freddie Mac lose appeal on Quiet Title
    Posted on 4 October 2012.

    COLORADO COURT OF APPEALS

    Court of Appeals No. 11CA2627
    Saguache County District Court No. 10CV6
    Honorable Martin A. Gonzales, Judge

    Bruce C. McDonald,
    PlaintiffAppellee,

    v.

    OneWest Bank, FSB and Federal Home Loan Mortgage Corporation,
    DefendantsAppellants.

    ORDER AFFIRMED
    Division V
    Opinion by JUDGE MILLER
    Fox and Ney*, JJ., concur
    NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
    Announced October 4, 2012

    Excerpt:

    In this quiet title action, defendants, OneWest Bank (OneWest)
    and Federal Home Loan Mortgage Corporation (FHLMC), appeal the
    district court’s order denying their motion to set aside a judgment
    entered by default in favor of plaintiff, Bruce C. McDonald. We
    conclude that the district court did not abuse its discretion in
    denying defendants’ motion, and we affirm.

    5th October 2012 at 9:37 am

  339. Don says:

    @Brian: I filed with the NC Banking Commission via their web site. Every state has an entity that overseas and adminisaters banking within their state. It just so happens that the NC Bank Commissioner is also the person Heading up the Federal Task force overseaing the Settlement. research who they are and file the complaint, being specific enough about the suspected wiolations of the settlement plan. If you can not find your banking commission fire off a complaint to your State AG.

    5th October 2012 at 11:31 am

  340. Don says:

    @mary
    Could it be possible that the number I found on my deed of trust….that was used as the account number for the securitization process…is the CUSIP number? I have also found language within the PSA that sets up for the prefunding, or warehousing, of loans. Might it be that simple?

    @others…….check your deed of trust/mortgage and if you have it the applications/closing docs. There is, on mine, a number preprinted on the documents, usuall on right side bottom of the typing area of the document and along same line as any referene to Freddie (the freeloader) and Fanny (gassysass). This would be a different number from the account number listed on your payment coupns but would be the same throughout the documents. I was able to track mine back to the application number.

    5th October 2012 at 11:39 am

  341. [email protected] says:

    GREAT INFO. I’ve been trying to help friend Who HAS BEEN FORECLOSED O N SHERIFF SOLD HIS HOMESTEAD TO U.S. BANK NATIONAL ASS. as trustee for Structured Asset Investment Loan Trust Mortgage Pass Thru Certificates, Series2005-4 by assignment dated May 25 2011 & Recorded May 31, 2011. OPTION ONE MORG corp OF IRVINE CALIF. ‘ claimed ‘ to be ORGINAL MORTGAGE HOLDER BUT THEY WERE ‘ NOT’ THE ‘LENDER’ THAT ISSUED THE CHECK [THAT TOOK 17 DAYS TO CLEAR THE BANK ]. ANYWAY, THE ABOVE MENTIONED assignment was signeds by a TONYA HOPKINS claiming to be Asst.Sec. for Sand Cayon Morg Corp {the NEW NAME , OF option one that alledgedly happened on June 4 2008 Sand Canyon is in IRVINE, Texas and Tonya Hopkins had her signature NOTORIZED IN Deval ,FLORIDA , BY A TAMMY HANSEN, [both with initials T.H.] [looks very suspious], question, How the hell do we find out if Tonya really did work for SAND CANYON AND WHAT HER TITLE WaS ON THAT DAY????? Also the attorneys who prepared assignment papers were in Mich. hmmm signed on 25th recorded in grayling mich on31st , 6 days later????? SENT back 1st to preparers for approval [??] then to Grayling for recording ? DIDN’T HAPPEN , UNLESS IT IS ALLOWED TO USE FAX TRANSMISSION FOR RECORDING?????

    5th October 2012 at 3:26 pm

  342. Brian says:

    Apparently the CUSIP number is put together as so…………

    “The CUSIP number consists of a combination of nine characters, both letters and numbers, which act as a sort of DNA for the security – uniquely identifying the company or issuer and the type of security. The first six characters identify the issuer and are assigned in an alphabetical fashion; the seventh and eighth characters (which can be alphabetical or numerical) identify the type of issue; and the last digit is used as a check digit.

    Read more: http://www.investopedia.com/ask/answers/04/040704.asp#ixzz28SKo4z5q

    I’ll have to look on my mortgage and note and see if anything cooresponds to this standard. I have no idea where my origional loan application is or could be found.

    5th October 2012 at 3:51 pm

  343. Brian says:

    @Don

    I looked up the Iowa Banking Commission and they put that all claims for national banks should be filed with the OCC. Hell I may as well file a complaint with them too anyway can’t hurt anything.

    Yeah I’ve already filed complaints with the IG and to my state and local reps. Surprise……… have not heard a whisper back. I’m not holding my breath.

    5th October 2012 at 3:55 pm

  344. Brian says:

    @Mary

    Yeah my PC crashed and I couldn’t get back into my email for a while. I sent you a response earlier today.

    5th October 2012 at 3:56 pm

  345. feeling vulnerable says:

    Thanks for your advice and recommendations… I will report back when I have news [or more questions!]

    feeling [a little less] vulnerable

    5th October 2012 at 4:59 pm

  346. Don says:

    @brian
    As far as the original application it must be a part of your mortgage file. Shoot another QWR at them requesting it. I lloked at a copy of mine and surprise surprise surprise, they’d added 10K plus a month to my income. I found the same article after my last post. That number I found was the Application number and the number I used to rack my loan within the trust. What I Couldn’t figure out was it didnt match any account number I had seen or paid on. But now, after reading the article on application bundling and seeling it makes sense.

    @vulnerable: its a tough go at first but the more you find the more empowered you feel and, as is our nature as Americans, the more we are told we cant do something the harder we fight to prove we can.

    As my good freind Mary often says “So much Fraud, So little Time”

    Don “DDAY” Day Sr
    US Army Retired

    5th October 2012 at 6:06 pm

  347. feeling vulnerable says:

    I am very happy to have found this website… so much supportive advice and YES I will arm myself with enough knowledge that I can ensure the right action is taken in a timely fashion without spending unnecessary amounts of money!

    thank you, thank you, thank you!

    FV

    5th October 2012 at 7:19 pm

  348. Don says:

    Update,
    Just handed a premade case to attorney for quiet title action here in NC. Was really surprised at the level of detail that was provided, wished all his cases came at him with this detail. He is studying it and will update you more after we talk again on Tuesday. This would not have been possible without the guidance and support of people here on this site and Mary.

    5th October 2012 at 8:10 pm

  349. Mary Malone says:

    @[email protected]
    I’m sorry to learn about your friends illegal foreclosure. The bogus signatures are bad, but the worst crime is nobody reviewed the documents before they foreclosed and sold your friends property.

    It is still not too late to take another swing at the plate. People who are experts in Quiet Title tell us that this action can be launched anytime – even of the property has been foreclosed and sold at sheriff sale.

    The assignment of mortgage into a closed trust violates NY Security Law. We’re helping a NJ homeowner who is in a similar situation. We identified the fraud, found an attorney for them who took the case pro bono and they filed a lawsuit in Federal Court for multiple claims and included Quiet Title in the action.

    Where is the property located? Maybe we can turn this around…

    5th October 2012 at 8:33 pm

  350. Don says:

    Link to article referencing the federal settlement and also quiet title action…I found it very informative

    http://bankclassactions.com/articles/?p=1724

    6th October 2012 at 12:55 pm

  351. Brian says:

    @Don

    Appreciate that link to the foreclosure settlement. Wells has definetly violated the dual tracking language in that thing in my case. We shall see if the judge agrees. I don’t see how they can’t but who knows.

    Thanks

    6th October 2012 at 4:25 pm

  352. Mary Malone says:

    Ya gotta love NY judges….

    In a rather amusing decision out of the Supreme Court of Kings County New York, the court equates deceased IndyMac to a financial “Count Dracula.”

    From the decision: NY Superior – IndyMac Fed. Bank, FSB v Meisels

    The court grants relief to defendant. In the instant action, plaintiff IndyMac Fed lacks jurisdiction. It ceased to exist on March 19, 2009, almost 3 weeks before the instant action on April 9, 2009. If plaintiff has jurisdiction and standing it would be the legal equivalent of a vampire – the “living dead.” Further, the court is concerned that: there are documents in this action in which various individuals claim to be officers of either the living dead or its deceased predecessor, IndyMac Bank, FSB; and, the law firm of Fein, Such & Crane, LLP (FS&C) commenced and prosecuted this meritless action, asserting false material statements, on behalf of a client that ceased to exist 20 days prior to the commencement of the instant action.

    If plaintiff is a financial “Count Dracula,” then its counsel is its “Renfield.” In the 1931 Bela Lugosi “Dracula” movie, the English solicitor Renfield travels to Transylvania to have Dracula execute documents for the purchase of Carfax Abbey, only to be drugged by Count Dracula and turned into his thrall. Renfield, before his movie death, tells Dracula, “I’m loyal to you. Master, I am your slave, I didn’t betray you! Oh, no, don’t! Don’t kill me! Let me live, please! Punish me, torture me, but let me live! I can’t die with all those lives on my conscience! All that blood on my hands!” FS&C, similar to Renfield, throughout its papers and at oral argument demonstrated its loyalty by not betraying its clients and master, the living dead IndyMac Fed.

    Further, the court finds that it is an extraordinary circumstance for a corporate entity that ceased to exist, plaintiff IndyMac Fed, to retain counsel and proceed to foreclose on a mortgage for real property. This extraordinary circumstance requires the court to: vacates defendants’ default, because it is impossible for the living dead plaintiff, IndyMac Fed, to have jurisdiction; dismiss the instant action with prejudice; and give FS & C an opportunity to be heard as to why the court should not sanction it for engaging in frivolous conduct … because the instant action is “completely without merit in law” and “asserts material factual representations that are false.”

    6th October 2012 at 7:40 pm

  353. Don says:

    @Mary
    Got to like this Judge

    6th October 2012 at 9:17 pm

  354. Don says:

    FYI: If you have Bank of America as your servicer and have been contacted by “Home Retention Services” during th Loan modification process….this IS NOT Bank of America but a suc-contractor that is doing the leg work for BANA. Did a search of Taxible Entities on the Texas Secretary of State web site and found the following.
    Home Retention Services, Inc, Stewart Title and Bank of America Corporation (BAC) are all entities that have a C T Corporation as their “Registered Agent”.
    C T Corporation is a Subsiderary of an entity named THE CORPORATION out of Chicago, who has C T Corporation as it’s registered agent. I will turn this information over to attorney this week for his input and will back with you. The intrigue deepends though.

    Keep up the good fight!!

    6th October 2012 at 9:31 pm

  355. Mary Malone says:

    Nearly every purported mortgage loan transaction was a table-funded loan. Meaning, the entity listed as your lender actually borrowed the credits to fund your alleged loan from a warehouse lender. The warehouse lender got their funds/credits from institutional investors like pension funds, insurance companies and towns in Norway. The funds were all co-mingled and there is virtually not one scrap of a paper that links the actually creditor to the homeowner/borrower.

    For those digging into their transactions, here’s a list of warehouse lenders and their contact info.

    http://www.warehouselineofcredit.com/residentialwarehouselenders.htm

    8th October 2012 at 4:30 pm

  356. vandalbill says:

    @Mary Malone

    I am still working on getting the results of my QWR. Next week when I can take a day off work I am going to the county recorders office and see what is on my records. In the meantime I have been googling info, specifically MERS cases in my State of Idaho…NOT GOOD. It looks like my courts are in bed with MERS.
    Davidson v. BAC Home Loans
    Hobson v. Wells Fargo Bank N.A., FHLMC, Freddie Mac & MERS
    Griffin v. American Home Mortgage, MERS & Pioneer Title
    and lastly in the state supreme court
    Trotter v. Bank of New York Mellon & MERS.

    Each one sided with MERS & the bank. They basically ruled that the deed would only become unenforceable where the note and deed were irrepairably split when “MERS or the trustee, as nominal holders of the deeds, are NOT agents of the lenders.” Because MERS IS acting in a representative capacity for the beneficiary, the invovlement of MERS alone is insufficient to invalidate the deed.

    It goes on to assert that basically as long as the identity of the servicer is clear and the borrower knows where to send payments, disclosure of the ulitmate person entitled to payment is not a defense to payment. This according to an article in “The Advocate” January 2012 http://chinkinthearmor.net/uploads/The_Advocate_Jan_2012.PDF

    Mary, have you heard of Vermont Trotter. I case seems to have been somewhat of a bid deal. Funny I don’t recall hearing about it here in our state. I’m sure it was just overlooked by the media. It appears he is also quite and advocate now. I read an article about him in Harper’s magazine.

    I had hoped the recent ruling from the State of Washington Supreme Court would have been a ray of hope here in my state but on Sept 26 in the case of Mortensen v. Mortgage Electronic Registration Services, Inc. the court listed 6 issues that differed between Idaho & Washington law when Bain v. Metropolitan Mortgage was cited.

    It appears I have jumped into a very large rabbit hole. This is about to get REAL interesting! I am not really looking to get my mortage for free. I want the assurance of a clean title when paid off, or I need to sale, etc. I don’t know what my future holds. The assurance of a secure future has never been more unsure in our nation for many years. The last thing I want to do in 2,3,5,10 years from now is to need to get our of my home and get screwed by the shadow banking system.

    I will report my finding as the come in later this month. To everyone else out there doing the same thing in the words of one of my favorite bands, Rage Against The Machine “Take The Power Back”

    8th October 2012 at 11:52 pm

  357. Don says:

    Update: Keep going through your documents. Everytime I do I find something I missed the last time and this time it’s a BIGGY. Will let ya’ll in on it as soon as I have a chance to talk to Mary some more on the issue and after I have filed my “Fraud” civil suit. Let’s just say here that I’ve had the proof that this all started off, in my case, with a fraud in my hands the entire time, just never connected the dots until I was putting everything in chronological order.

    @Vandalbill….have you looked at your state statutes governing contracts? If one party of the contract never gave consideration (put their own money as they promised to do) up for the contract, then there is no valid contract. If the loan was pre-funded from a warehouse lender it means your application was sold before the loan was consumated, once again the possibility of no valid contract due to your lender being paid for the loan before the loan was signed and official. You probably signed a document saying that they could sell your loan, but in reality it was sold before it was made. Eventually all states and courts will have to wake up to the massive fraud, but at present it is just too big for most to wrap their heads around. I know I couldn’t until it happened to me and I started looking at my case and finding it for myself. Either way man, good luck and keep the faith. We will eventually win and set things right in this country, just going to take a lot of work from US to get that done.

    It’s like I told Mary, “these guys are dug in like a tick on a hunting dog”. BUT we are getting the tweezers out and have the fire raging. (scratching behind ear with foot)
    :)

    9th October 2012 at 7:23 pm

  358. feeling vulnerable says:

    One thing I will say about your recommendation for John Stuart is that his political views are pretty biased. He calls Obama a Muslim pretending to be a Christian. My heart sank when I read this statement from him [among others]. Although he has some interesting tactics for “playing the game”, I would worry about incorporating many into a real case. I have my judgements of how the government has screwed us too, but would rather keep derogatory personal remarks that are not based on facts out of this fight…I’m not doing this to ruffle feathers. I’m doing this because it is my right to gain justice. Not everyone is a crook.

    BTW My house was about to be offered in a Trustee’s sale today and my partner had to file for a chapter 13 Bankruptcy last minute to hold them off…If it is illegal to be pushing foreclosure while we are in the midst of a loan mod with them, how do we make them stop?! I have been reading that they [the bank] need to operate in “good faith”!

    :-(
    fv

    9th October 2012 at 8:00 pm

  359. Mary Malone says:

    @VandalBill ” I am not really looking to get my mortgage for free. I want the assurance of a clean title when paid off, or I need to sale, etc. I don’t know what my future holds.”

    VB, your mortgage has most likely been satisfied. If not, the Fed will buy it soon and your “lender” will be made whole.

    Please don’t feel the least bit squeamish about having your lien extinguished. You may, or may not have a debt. But in all likelihood you don’t have clear title either. Did your “lender” disclose that fact in all the documents you signed? Did they ever tell you the “lender” was just an agent, who was paid a fee, and never loaned you one thin dime? Did they include language in the DOT or Note that your actual creditors were pension funds, insurance companies and towns in Norway?

    Did they mention that your loan application was assigned a CUSIP number and sold to investors who bundled into into ABS – making a huge profit off your private information? Did they ever offer to cut you in on the massive profits and give you a piece of the action?

    Did they mention they were going to separate the Note from the DOT/mortgage and irreparably cloud title on your largest investment? Did they disclose that you now have an unmarketable property that can only be sold for cash?

    Thought not.

    You have a responsibility to yourself and your family to keep a roof over your heads when the collapse occurs. Nobody, and I mean nobody, was thinking about your best interests when they created and implemented the MBS fraud scheme.

    Nobody is going to help you now. You must take action and help yourself. Please don’t feel the least bit guilty about getting a free house.

    9th October 2012 at 8:05 pm

  360. Mary Malone says:

    @Feeling Vulnerable I understand if John’s political opinions are a bit over the top. I suggest you overlook the personal opinions and just focus on his Quiet Title advice. His system works and it’s extremely affordable – so please don’t discount it out of hand.

    With regards to your current situation – do you have a good BK attorney on your side? What state are you in? Is there a name of a trust on any of the foreclosure paperwork? Chapter 13 can be an extremely powerful tool to use to stop a foreclosure and get the “lender” to cough up evidence of real interest in the property.

    If you provide me with more info, I’ll be glad to help you.

    9th October 2012 at 8:13 pm

  361. feeling vulnerable says:

    and this is an article about CA Homeowners Bill of Rights in [English not Legaleze]:
    http://thinkprogress.org/economy/2012/07/03/510252/california-homeowners-bill-of-rights/?mobile=nc

    and finally a PDF about dual tracking protection in CA:
    http://californiamonitor.org/wp-content/uploads/2012/10/Report-Final-4p.pdf

    for what it’s worth…
    fv

    9th October 2012 at 8:42 pm

  362. feeling vulnerable says:

    Thanks Mary..I live in the land of radical thinkers [Berkeley], so I am very capable of overlooking extraneous commentary :-) and understand his passion for doing away with corruption…He would just be perceived as a more useful ally if he cut some of it out of his sage advise [perhaps bullet point statements that were really on the topic]

    I do not have an attorney “yet”…I am so broke form this whole ordeal and am going to do as much leg work as I can myself [with some resourceful and supportive friends]. My feeling vulnerable posture is somewhat skeptical of internet lawyers wanting money for their “programs”. I have NOLO Press in my city and plan to use their legal resources to guide me to more local advisers….perhaps my blond teary blue eyes will keep them honest…smile]. Also, I still need to go to the county registry to pull all docs available pertaining to my situation….
    uggh and sigh!

    9th October 2012 at 8:57 pm

  363. feeling vulnerable says:

    Also I highly recommend NOLO Press for solid affordable legal up-to-date information [online or in print] to anyone that wants to defend them self or just be more adequately informed of their rights in general [which also saves attorney's from having to explain everything while on the meter!]. They also have search engines for finding local attorneys specializing in whatever category you need in every state.

    I purchased my house with one of their guides [all the forms and a DVD were included for about 12.95] VS using a real estate agent. The owners revealed to me later that they assumed I was an attorney!

    fv

    9th October 2012 at 9:30 pm

  364. feeling vulnerable says:

    I also don’t want to sound like a cheapskate when it comes to paying for services needed or appreciated. I think your forum here is awesome and as soon as I can I plan to donate to your site!

    You have given me the confidence and know-how I need to push ahead more effectively already!

    If you give me your email [or I assume you have access to mine and can forward it that way?] I will send you more personal information about my case.

    thanks again for your support!
    feeling [less] vulnerable

    9th October 2012 at 10:03 pm

  365. Mary Malone says:

    @Feeling Vulnerable – You’re smart – and will figure this out. You’re in shock right now, but as soon as you get your sea legs, you’ll be ready to play offense.

    Did you see this? Promising development in Cali

    Published on HousingWire (http://www.housingwire.com)
    Author(s): Kerri Ann Panchuk [1]

    The Homeowner Bill of Rights launched in California not only changed hundreds of years of real estate law, it may have turned the West Coast state unwittingly into a judicial foreclosure state with financial firms on high alert, legal experts claim.

    “In California, they just gave trial lawyers a nuclear weapon to use against the industry,” said Bob Jackson, president and attorney at Irvine, Calif.-based Jackson & Associates. Jackson spoke at HousingWire’s REperform Summit, a mortgage servicing conference under way in Dallas.

    “The Homeowner Bill of Rights is the most massive change in the last 100 years of real estate law,” he said. “It used to be servicers were in the business of enforcing simple contract law. What the loan servicer did is they enforced the contract, but that is no longer how the game is played.”

    The bill of rights, which was legislation designed by California Attorney General Kamala Harris, gave borrowers standing to legally address violations of the new foreclosure legislation.

    The law bans dual-track foreclosures, requires single point of contacts for distressed borrowers and imposes civil penalties for the filing of multiple unverified documents, otherwise known as robo-signing. The robo-signing provision essentially means a law firm cannot file a notice of default or another foreclosure-related action unless a servicer has reviewed the filings to verify them, Jackson said.

    Jackson said the bill created several new areas of concern for servicing shops. The first is the potential to be sued for wrongful denial of a loan modification. Firms also can be sued if a loan modification was denied because of a mistake made in the process.

    With any document misstep leading to the possibility of litigation, Jackson said the hedging strategy would be to file judicial foreclosures, bypassing the common practice of nonjudicial foreclosures in California.

    “You need to start looking at your foreclosure timelines,” Jackson said. “Judicial foreclosures get rid of 80% to 90% of this stuff.” He asserted, “[T]he bill will turn California from a nonjudicial foreclosure state to a foreclosure state.”

    Jackson noted that Arizona and Oregon are currently considering similar legislation.

    [email protected] [2]

    9th October 2012 at 11:32 pm

  366. Mary Malone says:

    Feeling Vulnerable – If I understand you correctly, you’re located in CA and have recently filed Chapter 13 to stop the foreclosure. Is that right?

    Do you have a BK attorney, or are you going pro se?

    The best BK attorneys have been trained by Max Gardner. They use the law to uncover the fraud in Proof of Claim. They’re the best in the business – and only ask for a small upfront fee. The rest is rolled into the BK plan.

    http://www.maxbankruptcybootcamp.com/find-graduates#California

    Chapter 13 can be very complex, so you may want to consider retaining counsel to navigate your way thru the quagmire.

    9th October 2012 at 11:47 pm

  367. vandalbill says:

    @Mary Malone,

    Thank You for the encouragement. Still waiting for all my info. Just started into all the digging and feeling a little overwhelmed. I have decided to garner what info I can while waiting to gather all my paperwork and waiting for the results of my QWR and then start by turning one stone at a time and see where it leads me.

    Thanks to everyone on this site for their view and experience. Without you guys I never would have given a second thought to the issue of title to my home. Let’s win this thing!

    10th October 2012 at 7:29 am

  368. Don says:

    @ Feeling Vulnerable: Not sure who your pretender lender is but there are several Class action law suits being filed and ongoing in the state on California. Might not be a bad idea, once you get some of the documents together, would be to contact them with your information…might not do any good but might end up with something there. If you’d like I can pitch in and help Mary and you, and anyone else that needs it, track down information and players in your cases. Again, like Mary, I am not an attorney but I have learned a lot researching my own case and am offering a this free of any charges.

    @admin: Please provide feelingvulnerable my email address.

    Thanks all.

    10th October 2012 at 2:01 pm

  369. feeling vulnerable says:

    Don and Mary,

    Thanks for your prompt advice and support! It really helps to have the hand holding through these challenging and confusing times.

    I just had a meeting with my “barracuda” foreclosure/BK/loan-mod adviser and he was very reassuring about my case…yes I said case. He has uncovered some blatant evidence that the bank has not filed properly as well as not giving notice regarding a “substitution” [changing the trustee]. He thinks it smells of secularization and the new law going into effect this January will benefit me on several levels with obtaining justice…

    I call him a barracuda because he seems hell bent on nailing the banks for their criminal behavior regardless of the level of “technicality” and has been doing it for over 20 years successfully. He also gave me all the docs he has acquired thus far so I can look them over myself, ask questions and feel more confident about the whole process. It was very reassuring that he responded in this way. So, although he charges $700 VS $500 for forensic work, I know him already and think he is worth more to me than starting fresh with someone that I would not have the ongoing face to face communication with.

    He gave me some homework [mostly reading stuff for my enlightenment] and told me to call him anytime I felt anxious about my rights or had questions about the process. I still plan on posting things here and doing my independent research and may have useful information for others in my situation as much as getting feedback! Strength in numbers right?!

    Phew for now!

    and yes please feel free to email me directly too!

    10th October 2012 at 7:14 pm

  370. Mary Malone says:

    @Feeling Vulnerable – Sounds like you’re in very capable hands. Good for you. Please check in and let us know how you’re doing!

    10th October 2012 at 7:50 pm

  371. Mary Malone says:

    Another encouraging report from the field…

    We’re working with a NY homeowner who is fighting foreclosure. His attorney is a very nice man. Very smart too. It’s been very difficult for him to wrap his head around the breadth and depth of the fraud. His client gets it – but it’s been a process getting the attorney on the same page.

    Anyway, the homeowner has M&T Bank, the originator, who also claims to be the lender. The mortgage was a consolidation deal. In NY, the judges demand that the purported lender and homeowner meet and agree on new terms – for as long as it takes.

    M&T was being very obstinate, refusing to negotiate a modification or new loan to provide ANY meaningful relief. The homeowner was getting really frazzled, so his attorney reached out and asked for my help.

    I reviewed reams of paperwork associated with the purported mortgage refi and lo and behold, something jumped off the page of the Assignment of Mortgage.

    In NY state, there’s a statute under Real Property Law Section 275 that requires banks/mortgage companies to identify a loan with specific language if it is securitized. The simply say the mortgage was “sold” on the secondary market.

    Well, that is an admission the purported mortgage is securitized. I also found evidence of fraud on the docs too.

    To make a long story short, M&T refused to admit that the purported mortgage was fake securitized. That is, until they were sent the QWR.

    The attorney mailed the QWR to M&T in April. On October 1, they received the response. The answer? Bank of NY Melon was identified as the owner of the note.

    Well, we have a new ballgame. And with a NY judge M&T is screwed.

    10th October 2012 at 8:13 pm

  372. feeling vulnerable/ empowered says:

    So the most important thing to do as a CA homeowner in the process of applying for a loan modification and facing the daily threats of foreclosure is to file a lawsuit against the bank and let the attorneys do what they are good at…duke it out in court! The new California Bill of Rights will make it way more challenging for the banks to justify that their bankster clients are “trying” to work with the homeowner if they aren’t playing by some ethical rules to provide this in reality.

    In my case WF [should be wTf] probably has no idea where the wet title is and have no real case to collect anything from me for this reason alone! It is exactly like selling the Golden Gate Bridge to some awestruck tourist on the street! One win at a time will eventually force the hand of the industry to play by truly fair rules finally in CA at least.

    As far as filing a class action suit…I am somewhat skeptical that it will really benefit me personally, but perhaps better for peeps more invested in the cause as a whole…but don’t listen to me I am focusing on the fight for my own roof overhead right now [oh selfish me]. Here is one link about the pro/cons:
    http://www.web-access.net/~aclark/index.htm
    make your own decisions.

    feeling more empowered…

    10th October 2012 at 9:37 pm

  373. Don Day says:

    Good afternoon all….Has anyone heard of or received a copy with signature on any documents signed by a JENNIFER MIRANDA? I have received a copy of my Note and she has signed twice on it’s endorsements (the only two there when there should be no less than 4). First one is as the Assitant Funding Manager for NationPoint assigning it to First Franklin (undated) and the second as FUNDING MANAGER for First Franklin on a Blank Endorsement (also undated). Please look at your docs and sources and let me know via return post here.

    Also, as promised the other day…My default notice was sent last Nov 2nd and listed no October payment as being made and also listing the November payment as being past due. On Nov 7th I received another letter acknowledging the October payment BUT not crediting it to the account balance with the same figures being due as the Nov 2nd default notice. A third letter came in dated Nov 8th with the exact same figures on it as the ones dated the 2nd and 7th.

    Now here is the kicker….I have the canceled check where they received the October payment and cashed the check on 10/13/2011….20 days before the default notice went out. As I said in the previous post, though I had these documents here, had actually looked the those letters several times I did not make the connection until I was putting all my documents in chronological order. Just another notch for the court case.

    Keep up the good fight and please, if you have any information on Jennifer Miranda let me know. Battle is joined in 19 days.

    11th October 2012 at 12:28 pm

  374. Bo says:

    This thread is the most hopeful experience I’ve had in at least 10 years! I hope everyone notices that Occupiers and Tea Partyers are UNITED in wanting to stake the peoples’ claim to our birthright – the rule of law. So let’s all work as Americans and get this done!

    11th October 2012 at 5:07 pm

  375. Mary Malone says:

    @Bo, yes restoring property rights and the rule of law is where the far left and far right meet.

    It’s just been a theory until this strand on The Burning Platform and has really hit a chord.

    The people I’ve met on this journey are smart, strong and good. It has restored my faith n the future of this country.

    The wholesale theft of our pensions and homes by cronie capitalists is not left, it is not right, it is wrong.

    Let’s take our country back.

    11th October 2012 at 7:39 pm

  376. Mary Malone says:

    @Felling Vulnerable/Empowered: So glad to see you got your MOJO back.

    11th October 2012 at 7:41 pm

  377. Bo says:

    OK, so let me ask a few questions so I start out on the right track. Any comments, advice, and links to other material will be much appreciated.

    -Does it matter if the Deed of Trust (NC) is Form 3034 “Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS”? What advantages or disadvantages does that give the borrower in proving chain of title?

    -Would it be stupid to give the reason for the QWR as “My Register of Deeds Office says MERS broke many chains of title, and I’m making sure mine’s not one of them.”? Why or why not?

    -For those of us who’ve never had a late payment, but want to help prove this massive fraud, isn’t the strategy a bit different? For instance, how could we ensure they don’t mess up our insurance on purpose? What else could they “accidentally” do to us and probably get away with?

    12th October 2012 at 10:07 am

  378. Don Day says:

    @BO…..that is the form used by most since MERS inception. What part of NC you in. I am also in NC over above Goldsboro. Have done a lot of my own research and come up with some intersting items.

    You could site the Guilbert County Lawsuit against MERS as the reason you are worried about a clouded title. Or you really dont need to site a reason for the questioning other than wanting to know information on who you lender is. That is goverened under both Federal and State Statutes. Holler at me if you want…

    @administrator please fwd ny email address to BO.

    UPDATE: I posted earlier about sending a complaint to the Commisioner of Banks regarding violations of the Federal Settlement. It works. I received email from the NC Banking Commission yesterday morning regarding my complaint. At 5:15 pm yesterday I had a call from someone out of Bank Of America’s CEO’s office regarding it. Spent a good 30 minutes going over everything with him and even had him agreeing that “the entire process has been FUBAR”. I went as far to ask him “Wht’s going to happen, you give me a loan modification and then foreclose on me anyway”, to which he replied “That would be awkward wouldn’t it?” He wasn’t ready for my reply and backtracked real quick when I said “Awkward hell….It’d be CRIMINAL”. So now going to let BANA and Deutsche fight amoungst each other while I prep my quiet title case.

    Keep up the good fight. The were to big to fail but WE, THE PEOPLE ARE NOT TOO SMALL TO SAVE”

    12th October 2012 at 1:49 pm

  379. Stucky says:

    Jeezus … it never stops …
    ============================ =

    CANADIAN BANK THREATENS TO FORECLOSE ON U.S. HOMEOWNERS TO COLLECT CREDIT CARD DEBT

    Credit card debt is generally considered to be unsecured by any tangible asset, unlike a home-equity loan that can put a borrower’s home on the hook for missed payments.

    However, California Watch reports that the National Bank of Canada is taking advantage of a loophole in the law to threaten hundreds of state homeowners with foreclosure if they don’t pay off credit card debt the financial institution bought up in a secondary market. Credigy Receivables, a unit of the bank, buys judgment liens from California lawsuits over unsecured debt and then files foreclosure lawsuits using the liens. The bank is also active in other states.

    Although the amounts sought to satisfy the liens are often substantially less than the value of a home, failure by a homeowner to contest the lawsuit can end in a default judgment for the bank. In one case documented by California Watch, the bank went after a property that had already been foreclosed on and resold at auction to a new owner. The new, bewildered owner fortunately had title insurance through a company that settled the debt for $6,500.

    State lawmakers attempted to address some of the issues raised by aggressive debt collectors like Credigy Receivables when state Senator Mark Leno introduced SB 890, the Fair Debt Buyers Practices Act, last year. The bill would have required the companies to verify the identity of the debtors they were pursuing and attest to the validity of the actual debts.

    Those may seem like the kind of basic requirements that would exist in any financial transaction, but since banking deregulation in the 1990s broke down the walls between consumer and investment banking sectors, loans have been packaged into complex securities that are then sold, and sometimes resold repeatedly, to other financial institutions. By the time the loan ends up in the hands of a debt collector, it may not be at all clear who owes what to whom.

    The bill would have made that knowledge mandatory. It passed the Senate but died in the Assembly Banking and Finance Committee when the Legislature adjourned in August.

    California Attorney General Kamala Harris, a sponsor of the bill, said it was necessary to address widespread collection efforts “against the wrong person, or targeting debt that is time-barred or has already been paid. Collection efforts become increasingly misdirected as the consumer debt is repeatedly sold and resold without reliable documentation evidencing its origin.”

    Leno, in his bill’s comment section, said, “Frequently, these debt collection actions are filed by debt buyers without proof that the debt ever existed. Yet actions proceed to judgment because ninety-five percent of consumers do not respond to these lawsuits—many because they do not receive notice—allowing the debt collector to take a default judgment against the consumer and levy against the consumer’s personnel accounts.”

    Debt collection was the number one consumer complaint in California in 2010, according to the Federal Trade Commission (FTC). A report by the FTC that year concluded that the “system for resolving consumer debt collection disputes is broken and recommended a series of reforms. It found information provided by debt collectors was woefully lacking and that consumers, by and large, let the process unfold without ever actively participating in it.

    .
    http://www.allgov.com/news/top-stories/canadian-bank-threatens-to-foreclose-on-us-homeowners-to-collect-credit-card-debt-121010?news=845909

    12th October 2012 at 3:49 pm

  380. Stucky says:

    From Armstron Economics.

    Some things are still fucked up in Iceland. I hope our gooberment doesn’t get a whiff of this;

    “The individual is always screwed. In Iceland, mortgages are adjusted according to the currency fluctuations. If you borrow 1 million Icelandic króna and the currency declines by 50%, you now owe 2 million. Banks have transferred the risk to the average person. People now owe more than what they paid for the house while wages do not fluctuate in such a manner.”

    12th October 2012 at 5:24 pm

  381. Mary Malone says:

    @Bo Does it matter if the Deed of Trust (NC) is Form 3034 “Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS”? What advantages or disadvantages does that give the borrower in proving chain of title?

    MM: This is a stand DOT that confirms your purported mortgage was insured by Fannie, Freddie or Ginnie. These agencies never loaned you one thin dime. They just backstop the loss and hand the taxpayer the tab if the loan defaults. There should be an endorsement on your Note – Pay to the Order of (GSE) name.

    Regarding MERS – This means your alleged loan went into a fake trust. So, the QWR should provide you with the name of the fake trust. Once we have the name of the fake trust, I’ll perform an SEC look-up and provide your with the Pool Servicing Agreement (PSA). The PSA is the contract between the investors who really loaned you the money, and the entities that created the fake trust and pretended to loan you the money.

    -Would it be stupid to give the reason for the QWR as “My Register of Deeds Office says MERS broke many chains of title, and I’m making sure mine’s not one of them.”? Why or why not?

    MM: Good question, not stupid at all. You need to cite a reason, but best to keep it vague, short and sweet. Something like, “I’m following news reports about MERS mortgages not having the correct paperwork and am concerned about the servicing of my mortgage.”

    -For those of us who’ve never had a late payment, but want to help prove this massive fraud, isn’t the strategy a bit different? For instance, how could we ensure they don’t mess up our insurance on purpose? What else could they “accidentally” do to us and probably get away with?

    MM: The process is very similar, with some caveats. First, the fraud is not as easy to find when homeowners are current and have not requested a modification. The fraud bubbles up as soon as the servicer/fake lender believes the alleged loan is about to go into default. So you may have more digging to do than homeowners in distress.

    I suggest you request a credit report from all three bureaus now, so that you can monitor your rating and be certain that the servicer is not reporting your inquiries as a debt dispute. Also, I would suggest keeping an eye on the home insurance policy and taxes to be sure they are paying those fees out of escrow in a timely basis. Other than that, I can’t think of any push-back or repercussions. You are within your legal rights to request this info – it’s listed in your DOT.

    So, we know that you have a MERS alleged mortgage that was insured by a GSE. When you do the MERS look-up, be sure to save the screenshot. If you see a MIN Number on your DOT (printed on the first page, usually at the top), use that as the look-up feature. Fannie, Freddie and Ginnie look-ups should give you the name of the GSE that insured your loan. Again, save the results as a screenshot for your files.

    Once you finish the look-ups, I suggest you start Googling the name of the “lender” to determine if the address they cite on the DOT is really their address. We found that Bank of America was stating the lender was BOA, but the address they provided was Fannie’s. That was a code – and we used that to show they were purposely obscuring the identity of the “owner” of the note.

    Also, start Googling every signer’s name to see if you can confirm their employment, job title and responsibilities. Use keywords like robo signer, their title, alleged employer. See if you can find other documents signed by this individual on other homeowner’s docs. Once you do, save the docs on your desktop. You’re looking for inconsistencies – like same person signing for a different company. Or the same company, different title. Compare the signatures too.

    This should keep you busy for awhile, Bo.

    Please stay in touch and let us know what you find. We’ll coach you as you move forward.

    How does that sound?

    12th October 2012 at 6:41 pm

  382. Mary Malone says:

    @Stucky, you are so right. The mbs fraud has been replicated as a business model. NJ attorneys tell us representing consumers who are being sued by predatory debt companies are wreaking havoc. I know one NJ homeowner had to file Chapter 7 when her $5,000 credit card was sold to a vulture firm and the “debt” morphed to $50k. Not kidding.

    This article alludes to the other big shoe that will drop someday. That is, non-secure debt (and just the applications for a loan) allegedly packaged and sold to investors – was never done correctly either. The Asset Backed Securities (ABS) don’t have any assets in them, the same way the Mortgage Backed Securities don’t have any mortgages.

    The business model worked so well, the TBTF criminals and their government cronies have rolled it out for ABS, student loans, and reverse mortgages.

    It’s tyranny, plain and simple.

    12th October 2012 at 6:50 pm

  383. Bo says:

    @Don

    You da bomb, man!

    Yep, I’m in Guilford County…the other day there were 4 pages of foreclosure notices in the newspaper by Trustee Services Carolina, LLC (think that’s right -somebody referred to them way back up this thread, but I can’t find it quickly.) I e-mailed Thigpen asking him to check their documents carefully, especially since it was the day before the new law went into effect!

    I’m e-mailing Quinn later in hopes he’ll send you my e-mail address.

    Interesting that I keep getting these great offers from my servicer to refi my balance at 3.25% with no closing costs, appraisal, credit check or anything! I always have about a week to take them up on it. Bet all that we’re finding out is the reason why. I knew it was something completely in their favor, so I’ve resisted the temptation for a year now. I’m wondering if their offer opens them up to exposure in some other way – where would you start to figure that out?

    @Mary – any ideas on that?

    Don, I’m kinda hoping you and I can work together and get this going good in NC. With all you’ve done, maybe I could help make template docs for NC’ers to suggest to their lawyers, and we could post them somewhere handy.

    Another thing before the election. Tons of judges are up. I’d love to find out who “pro formas” for the criminals, and who stands up for the law, then spread the word. Liberals are always asking me which judges to vote for, and I could have a reason I feel very>/i> good about to recommend some. Also have Tea Party, Libertarian, Republican and Independent contacts. Have you found a free user-friendly case look-up site I could start on? Not understanding how to find what I want at http://www.justia.com/

    @Everybody

    Re CUSIP – this from http://www.investopedia.com/ask/answers/06/cusipforspecificstock.asp#axzz298DeWjH0

    “But the easiest way to gain access to this is through the active quote search on the Fidelity Investments website http://activequote.fidelity.com/mmnet/SymLookup.phtml. You do not need to be a member or have an account. Simply enter the company you are looking for and the CUSIP will be displayed for you. For example, if you are looking for the CUSIP for Ford Motor Company just enter the name of the company and the CUSIP number will be shown (345370860).”

    Read more: http://www.investopedia.com/ask/answers/06/cusipforspecificstock.asp#ixzz298DqMjKf

    Great to be here, everybody! Onward and upward!

    12th October 2012 at 8:16 pm

  384. Bo says:

    @Mary

    Hey, just saw your answer to me – thanks a gazillion! (or whatever amount they might be trying to screw us out of) Really don’t want to post too much info publically – paranoid, I guess. But when I get it together, I’ll send it. Gonna request Quinn send you my e-mail address, too.

    I’ll do my Fannie lookup again with the MIN. Am also digging through my stored files. I’m absolutely sure I kept copies of every piece of paper involved in this loan from day one. It will be interesting to compare what the $^#$ send me in response to my QWR!!!!

    The broker is still in business, but I know for a fact they deposited a bad check into my lawyer’s trust account on a later closing!

    Gotta get ready for weekend company, then entertain them with stories of the people here and what’s going on. See ya’ll Monday.

    Love (and I really mean that, everybody!),
    Bo

    12th October 2012 at 8:30 pm

  385. Don Day says:

    @BO…Trustee Services of Carolina is their local foresclosure mill. It is the one I face off against in 18 days.
    The Loan Modification is a way they have of getting pass the dirty deeds already done, get a loan mod or refi and you reconfirm they debt but they have cured the fraud they commited to begin with.
    Justia is a hard site to navigate and Mary may know better than I where you can go to look for what you may be looking for. Just had one of my voices tell me that one way to proceed would be to try and contact some of the people listed for foreclosure with a fyler maybe from the Anti-Foreclosure Network….
    @Mary…what do you think of that idea?
    Good find on the Cuspid link man, going there now to check it out.
    Oh..warning to all….not saying that these guys are guilty of anything BUT I opened an email I got from Trustee Services of Carolina LLC….next morning my alert went off regarding a back door virus and I had two files missing…both marked BOA communications….all that I noticed was missing, the virus was caught and took two cleanings to get rid of. May just be paranoid but I do not believe in coincidences.

    12th October 2012 at 9:12 pm

  386. Mary Malone says:

    @Bo”Interesting that I keep getting these great offers from my servicer to refi my balance at 3.25% with no closing costs, appraisal, credit check or anything”

    You are right to be suspicious of these offers. IMHO, Big Gov and Big Biz are colluding to reduce the number of future claims they will have to fight when the s@#$ hits the fan. These refi’ offers are luring homeowners out of an unsecured debt into a secured debt.

    When BK judges wake up, there will be a deluge of homeowners who file for Chapter 13 who will challenge their “lenders” in adversarial actions. If the judges follow the law, then these mortgages will be wiped out as unsecure debt. Attorneys tell us the homeowner would then go into state court to have the lien extinguished.

    Then, homeowners can sue their fake lenders for treble damages in state and federal court.

    IMHO, the TBTF are violating a slew of federal consumer lending laws, because they are not informing the consumer that they are trading unsecure debt for secured debt.

    12th October 2012 at 10:10 pm

  387. Abundance E says:

    I have been reading this site for 4 days now. It has been like eating a fresh batch of homemade brownies with nuts. I have learned a lot from this site. Thank you.

    My mother’s house that I inherited was forclosed on in January. I knew nothing about any of this stuff until I requested a forensic audit. After that, I have to say that I was amazed with the 428 pages of clear fraud perped by Countrywide/BOA. Yes Keri Selman robo signed my docs (the milliner’s delight).

    I did a search on quiet title of action and found this site. I am so glad I did. Thanks Mary for all of your invaluable information and Don even though it appears you are somewhat a newbie to this…. keep on keeping on. Your information is really quite detailed also.

    So basically now, I have a big fight in store. I am in Ohio which is a judicial state and even found a class action lawsuit against about 20 loan companies and MERS, Merscorp vs the 88 counties of the state of Ohio for the assignment nightmare. Funny though that Fannie Mae pursued an eviction against me because I refused to leave my house. At the eviction hearing I came armed with proof of fraud and admitted 12 different documents (external sources) in my defense for wrongful foreclosure and the magistrate completely ignored my docs and said it was too late. I filed an objection to the magistrates ruling and it was promptly denied. The lawyers from Fannie Mae filed an answer and used someone else’s name other than mines in the body of their reply.

    So now I have an eviction on my records. I am in the process of suing for wrongful foreclosure coupled with quite title but the team I have been working with want another $1500 to draw up these documents for me after they already received $2000. So now I am doing this paperwork myself.

    I have been reading rulings of cases all accross the country and compiling a massive list of infractions against my lenders for wrongful foreclosure with strict attention to the judges outstanding questions, and complainant mistakes.

    I have been working on a checklist of the things I have found on this invaluable website. I have contacted my siblings and convened a meeting for next week so that they can do qwrs for their mortgage companies.

    I have been told many times that I am extremely proficient with paperwork and paperwork processes. Countrywide/BOA/Fannie/Freddie/Ginny has messed with the wrong little sister.

    Unlike many of you in 2007 I did get a modification (I paid Countrywide $2000 for the privilege) and was added to my deceased mother’s loan. A year later I had a major hiccup in my finances that threw me behind on the mortgage. Countrywide/BOA took a year worth of payments from me ( I have all the receipts also). Then foreclosed under my mother’s name and act as though I do not have copies of the approved modification that they act like they never approved or received payments for. Also, they offered me a forebearance and when I sent them the paperwork along with the cashier’s check they asked for they held the paperwork 6 weeks and then sent it back and told me that the deadline had expired and that I somehow was no longer eligble for the program.

    I am fortunate because I owned a company that made enough cash for me to buy another house to start over in (They foreclosed in my mother’s name so I doubt I have to worry about the new house police or ridiculous investigators). However, I am taking Don’s viewpoint. I want this foreclosure action that they committed to be the most expensive thing that they never planned on.

    I do have to say that I am amazed that they have the nerve to be spending our federal dollars to investigate if people ran out on their mortgages when they don’t seem to give a cats meow about the people who created this crash and burn system in the first place.

    Keep up the good work everyone. Thanks for all the invaluable information.

    12th October 2012 at 10:32 pm

  388. vandalbill says:

    Update on my situation. Per Mary Malone’s advise I mailed a QWR request to both BOA’s listed address for QWR’s in Simi Valley, CA and the other to Brian Moynihan, CEO of BOA. Today was the 5th working day they had to acknowledge. Today we rec’d only one of the acknowledgements, the one mailed to the CEO in Charlotte, NC. I don’t know if this is good or bad, but it appears the game is a foot. This next friday I finally have a weekday off to get my county assessors office. Can’t wait to see what I find.

    Question for anyone or even just your thoughts: How come counties & county assessors haven’t been out in front of this the past 15-20 years. Especially since 2007 onward. I would think that with budget constraints of municipalities all over the nation that they would want/demand the recording fees. Why was MERS able slide in like they did so easily (monied banker’s lobbies!?!).

    BTW an interesting article I found from the banking perspective on QWR’s from ABA Banking Journal from Aug 2009. http://www.ababj.com/briefing/scare-mail-beware-of-qwr-s.html.

    Everyone who has posted, thanks for you stories and info. Now “Let’s Take The Power Back!”

    12th October 2012 at 11:06 pm

  389. Don Day says:

    @Abundance, yes I have to admit I am a newby,,,,started researching my own case 33 days ago but I am comming up to speed real quick, thanks in no small part to Mary and other posts on here. Thanks for your kind words and as I said, if they get my house it will be an expensive once for them.

    @Vandalbill. MERS is currently being challeneged and sued all over the country by the Clerk and recorders as well as others. Each time I search I see more suits by these people and even starting to see suits by some lending institutions naming MERS as one of the defendants. (The sharks smell the blodd and going into feeding frenzy) There is even a Bill from the US House Of Representatives that is Pending action from the DO NOTHING Senate regarding MERS ab=nd disallowing the GSE’s to either hold or garauntee Notes and Mortages registered with MERS as Benificiary. So the word is getting out and the wave is building. (Got your surf board?)

    @BO, I have a brother that lives up that way Bo, actually just north of Greensboro. After my intial hearing the 30th I may have to go up for a day or two to visit. We can brain storm then if you’d like. Another person to possibly Contact is an attorney Chapman who has an office in Statesville. From what I have found out he is a warrior that has been fighting against the TBTF and winning.

    13th October 2012 at 1:08 am

  390. Bo says:

    Well, looks like I can’t stay away from here, even if my cuz finds out I don’t dust behind my furniture regularly!

    @Don, I’d love to meet up! Actually, I’d love to observe your initial hearing, if that’s OK with you. When Jim sends you my e-mail, lets make plans – we might want to dress as bankers for Halloween and go trick or treating!

    BTW, did anybody get in touch with lawyer Ericka? If so, I’d like to contact her. Will look into Chapman of Statesville, too.

    I’m not surprised at all about the virus and missing files. As Maya Angelou said, “When somebody shows you who they are, believe them!” And we know we’re dealing with a gang of criminals. One chore I’m doing today – get everything on this subject off my hard drive and onto a USB drive, including my Bookmark list.

    Speaking of paranoid…http://www.mortgagebankers.org/IndustryResources/StandardsandBestPractices/SpecialBorrowerRequestsChecklist.htm takes you to a procedural checklist of actions recommended when a servicer receives a special borrower request, which, I assume would include a QWR. I want to be sure I’m ready for whatever they can throw at me.

    Vandabill’s link http://www.ababj.com/briefing/scare-mail-beware-of-qwr-s.html is a very interesting read, and gives me some further ideas on how to approach my QWR so they can’t ignore it as “harassing”.

    Here’s a better link for CUSIP search: https://fixedincome.fidelity.com/ftgw/fi/FISearchAgencyl You might have to go here first http://activequote.fidelity.com/mmnet/SymLookup.phtml and use the lower search box, clicking the drop-down that says “Treasury” to choose “Agency/GSE”. The CUSIP on my DofT has an extra character in it, and I haven’t figured out which one to omit yet. Had any luck, Don?

    @Mary, I can’t find anywhere to enter my MIN at Fanny lookup. Is there another way to use the MIN to get information? Also, do you know how to get the real CUSIP # out of the coded one on the DOT?

    Here’s where anybody can get an absolutely free credit report instantly online to print out from each of the big 3 agencies once each calendar year as allowed by federal law. https://www.annualcreditreport.com This was a great idea Mary had – they’re not allowed to put anything on your report within 60 days of your QWR, but after that, who knows? If I get the credit reports now (Oct.), I can get them again in Jan. or Feb. to compare.

    Courage, all! We’re behind and beside each other.

    13th October 2012 at 7:18 am

  391. John the lawyer says:

    When I was a very young lawyer, about 15 years ago, my uncle was having some problems and facing a foreclosure on his house. I knew nothing about foreclosure law, but I knew enough to check the title at the courthouse. Lo and behold, his mortgage had been “transferred” 5 times. But the first transfer from Bank No. 1 to Bank No. 2 had no documentation to back up the transfer. So of course Bank No. 5 was SOOL. I filed a motion for summary judgment and won. Bank No. 5 got nothing. I was always amazed over the years at mistake by Bank No. 2, and that three banks after that never checked the courthouse records.

    13th October 2012 at 8:00 am

  392. Don says:

    @JTL…..when I read the PSA the route traveled for BOTH note and DOT would have been 4 transfers from Lender to trust. Add the MERS transfer to the nix and there sould be 6….Lender to Trust Originator, to Trust Sponsor, to Trust Depsitor, to the Trust(ee)….then to MERS so MERS could send it back to the Trust(ee)….oh wait MERS was there from the begining….mmmm kind of a problem for maintaining the two together…oh wait…the number I tracked into the Trust was not my account number it was my APPLICATION number…mmmmm seems that instead of a “Chain of Title” we have a “web of deceit”.

    @Mary, got an RAID? I hate spiders.

    13th October 2012 at 10:19 am

  393. Don says:

    @Bo….man that would be a long drive to view something I’m pretty sure I’ll loose from the get go, The Clerk of Court Hearing. The only reason I say that is that they are limited, as a matter of law, as to their powers and what they can look at “Does the plantiff have possession” “Is there a debt” “Is there a default”….Even though I will attack standing at the hearing I fully expect it to go to the pretender lender during that hearing. Upon appeal is when I can get the Judge to order discovery and then legally nail everything down in the Superior Court. Which ever way it goes in Superior Court I fully expect sometime next year to be standing infront of the NC State court of Appeals. The intersting part though will be getting EVERYTHING I have found, from the Faked Income Addition they did on my application (it’s on one so it is probably on the other, only discovery will tell), to the Violation of the PSA, Opening of the trust to accomodate the MERS assignment, the lack of at a minimum of 2 endorsements on the Note, the same person signing BOTH endorsements that are on the note (in 2 different capacities and 2 different entities) and when did they sign (both undated). Even going to get it in as a matter of record how the Federal Settlement has been violated due to this action. Mmmm as I am shooting from the hip right now I know I’ve forgotten a few things but you get the drift. The problem I am going to have is being able to articulate all of this to the court and be able to maintain my composure as I have been on a very short fuse since this mess started.

    13th October 2012 at 10:37 am

  394. Don says:

    Link to another site for information…quotes case law regrading foreclosures

    http://foreclosuredefensenationwide.com/?paged=2

    13th October 2012 at 11:31 am

  395. Mary Malone says:

    @ Bo “I’ll do my Fannie look-up again with the MIN.”

    Sorry about the confusion Bo. The MIN Number is only applicable for a MERS look-up. There are 3 ways to look-up your servicer/investor info on MERS.org
    -By MIN Number
    -Home address
    -Homeowner name and address

    I’ve found that there are times a homeowner’s info doesn’t come up on the home address and homeowner name and address, but DOES show up in the MIN Number window. So that’s why I suggested you use that feature in the MERS look-up.

    Fannie, Freddie and Ginnie don’t accept the MERS MIN Number. They require your social security number in the look-ups.

    Hope this clears things up.

    13th October 2012 at 11:57 pm

  396. Brian says:

    Had my summary judgement hearing last week and it went ok. My attorney brought up all the pertinent information, no note and the fact that wells fargo didnt’ go through the process of securing the note spelled out in their servicer agreement, Went through a timeline of all the lies and disinfrormation put out by wells etc. etc. etc. We brought up the violation of the federal settlement but it is only enforcebale in court in DC right now. So basically they judge won’t even take that into consideration. In my state courts have ruled against not following HAMP guidelines but we brought that up anyway because an appeals court in Cali said different.

    Wells attorney stated that UCC code that protects me from being sued again by another party was doomsday scenario and newspaper headline material. At that I spoke up which I shouldn’t have lol. The judge took everything and asked a few questions and that was it. Now awaiting on whether I get past this and go to trial or they get judgement.

    13th October 2012 at 11:57 pm

  397. Mary Malone says:

    @Abundance E: It sounds like you have been thru the ringer, but good to see your are playing offense.

    Ohio courts have issued some really great decisions – if you are going pro se, have your thought about joining the Antiforeclosure Network? They are non-profit group based in NJ but are providing homeowners with consumer education about foreclosure process. The website (www.afnetwork.org) has a wealth of info for homeowners like you – and can accessed for a small annual membership fee of $60. I joined for six months at $35.

    Good to have you on board!

    14th October 2012 at 12:05 am

  398. Mary Malone says:

    @ Vandalbill:
    “How come counties & county assessors haven’t been out in front of this the past 15-20 years?”

    MM: The short answer is, MERS is not necessarily illegal in many states. Why? There are a number of states – NJ among them, where there are NO statutes that require Assignment of Mortgages to be recorded at the county registries. Without those statutes, a Federal judge will toss the lawsuit. That’s what’s happening in many of these cases, when county registries file suit against MERS for unpaid land recording fees.

    MERS was very artfully written – it is just vague enough to allow judges to find in MERS favor. The terms beneficiary are not clearly defined in many states.

    A NY County Clerk in LI filed suit against MERS very early – right after the system went live in the ’90’s. People are much smarter in NY and there were a number who saw the hand-writing on the wall. But the county lost the suit. The NY Supreme Court in its decision acknowledged how MERS could cloud title on property and completely screw up the land recording system, which was paper based. But the court punted and said it was up to the NY Legislature to tackle the issue – not the courts. Once that decision was handed down, every other public official in the US decided they didn’t have a chance of winning. So they didn’t try.

    There have been a number of very creative lawsuits – Michigan’s suit against Fannie and Freddie for non-payment of transfer tax survived the Appellate is excellent. So public officials need to get creative, review the state statutes and start filing against TBTF before they call a bank holiday…

    14th October 2012 at 12:19 am

  399. Mary Malone says:

    @Brian Sounds like you retained an excellent attorney. Keep up the fight. It’s very difficult to know, by the judges’s comments how he will rule.

    14th October 2012 at 12:35 am

  400. Mary Malone says:

    This lawsuit was filed in April 2012 and includes evidence derived from their analysis of public records to determine if the mortgages ever made it into the trusts.

    Surprise, surprise – results of their investigation concluded 99% of the mortgages never made it into the trusts —

    If you discover your alleged mortgage was assigned to this fake trust, you can use the evidence in this complaint to argue you have an unsecured debt.

    HSH NORDBANK AG; HSH NORDBANK AG,
    LUXEMBOURG BRANCH; POSEIDON
    FUNDING LTD.; HSH NORDBANK
    SECURITIES S.A., and CARRERA CAPITAL
    FINANCE LIMITED,
    Plaintiffs,
    -against-
    BARCLAYS BANK PLC; BARCLAYS
    CAPITAL INC.; SUTTON FUNDING LLC and
    SECURITIZED ASSET BACK

    61. In two separate investigations, Plaintiffs have conducted a review of publicly
    available mortgage documents at county clerk’s offices across the country for the mortgages
    and/or notes that were represented to have been deposited into the Trusts.

    62. Both investigations have independently revealed that over 99% of the mortgages
    and notes were not properly and/or timely assigned to the RMBS Trusts.

    63. As evidenced by the attached Exhibit 1, Plaintiffs have analyzed a sample of
    mortgage documents, including 339 mortgages from SABR 2005-FR4 (see Exhibit 1A, SABR
    2005-FR4 0001 – SABR 2005-FR4 1204), 377 mortgages from SABR 2006-FR1 (see Exhibit
    1B, SABR 2006-FR1 0001 – SABR 2006-FR1 2262), and 271 mortgages from SABR 2007-NC2
    (see Exhibit 1C, SABR 2007-NC2 0001 – SABR 2007-NC2 1850).

    64. This investigation revealed that of the 987 total mortgages sampled, none were
    assigned to the Trusts at the time of the issuance, as was represented in the Offering Documents, and only seven were assigned to the Trusts within three months thereafter, as is required by REMIC tax laws. Thus, over 99% of the sampled mortgages were either improperly assigned to the Trusts more than three months after issuance or were never assigned at all – in direct contradiction to the representations in the Offering Documents provided by Defendants and
    relied upon by Plaintiffs.

    65. Specifically, approximately 38% to 61% of the mortgages sampled have never
    been assigned to the Trusts. Moreover, based on the sampled loans, approximately 38% to 61%
    of the mortgages were assigned to the Trusts more than three months after the Securitization

    To read the entire complaint visit MSFraud at http://www.msfraud.org/LAW/Lounge/hsh-v-barclays-complaint_4-12.pdf

    14th October 2012 at 1:44 am

  401. Bo says:

    If anybody has older parents or grandparents, please read this!

    http://www.nytimes.com/2012/10/15/business/reverse-mortgages-costing-some-seniors-their-homes.html?pagewanted=1

    15th October 2012 at 7:27 am

  402. Don says:

    @Bo, I have never advocated for a Reverse Mortgage, I was there in the old FRG in the mid 70’s when they rolled out the reverse mortgage and saw it for what it was then, a scam….and it was rolled out by some of our old buddies in Deutsche Land.

    15th October 2012 at 9:20 pm

  403. vandalbill says:

    @Mary Malone,

    I finally had a chance to get the county recorder’s office to see what was on file. First a little disclosure on our situation. We purchased our current home in July 09. Original rate was 5.75%. In Nov. 10 we had an offer for a rate/term streamline refi to 4.5% that we took through Quiken Loans. In retrospect the refi may not have been the best move…IDK. The original mortgage payment were to Wells. Since the refi the payment is going to B of A.

    Today at the recorder’s office the only doc’s on file were the following:
    1. Deed of Trust listing TitleOne as Trustee & MERS as beneficiary
    2. Warranty Deed
    3. Deed of Reconveyance showing TitleOne as Trustee, MERS as Beneficiary & now Wells Fargo
    Bank N.A. as Successor Trustee dated 11/9/10.
    4. Substitution of Trustee showing Wells as appointed successor dated 11/9/10.
    5. Deed of Trust after refi from Quiken (showing Chicago Title as Trustee & MERS as Beneficiary).

    The county showed no further records, no assignments, nothing. I asked the clerk about how to find out who actually receives the payment on my home and why there was no assingment. She did’nt know the answer but did acknowlege that “it’s a smart idea to find out who your assingment is.” I did notice that items #’s 3 & 4 were signed by a Bryan Bly & Dhurata Doko. Bly is a “Vice President” of loan documentation at Wells Fargo, Doko is a “Vice President” for Mortgage Electronic Registration Systems. Quick google search revealed that both worked for Nationwide Title Clearing of Pinellas County, FL. Local Tampa news reports about their activities as robo-signers yet the video of the depositions I keep finding as “no longer available” on youtube. I will keep trying.

    I am still waiting on the results of my QWR. So far I am not any closer to finding my servicer, but things seem to have gotten a lot more interesting!

    17th October 2012 at 5:36 pm

  404. Mary Malone says:

    @Vandalbill I’m glad you are taking the time and energy to investigate the identity of your true lender.

    Let’s see if I understand your history correctly:
    -You bought the property in 2009, which was a purchase loan, correct? Who was the originator (the company/broker) you worked with to secure the loan?
    -The servicer is the company you pay P&I to each month. The originator is the bank, mortgage brokerage firm that you worked with to secure the loan.
    -Was Wells Fargo the servicer only? Or, the servicer and the originator?

    On the refi – Quicken was the originator, correct? Who is the servicer – the company you make your monthly mortgage payment to?

    It’s difficult to get a complete grasp without reviewing the docs, but from what you’re describing you have a history of “securitized” mortgages.

    What does that mean?

    It means your originators for both mortgages did not lend you the money. The credits or funds were wired directly from the warehouse lender to the trustee of the “trust” your loan is/was purportedly in.

    Forensic loan analysts refer to this as a “table-funded” loan. This means the funds/credits came from an unknown third party, whose identity is unknown to you.

    So, let’s start with the most recent mortgage and work backwards, OK?

    On the Quicken mortgage/Deed of Trust – is there a notation that Fannie, or Freddie insured your purported mortgage?

    Also, do you see a MIN Number on the first pages of your Deed of Trust?

    It’s a good idea to start your investigation with a Fannie, Freddie, Ginnie and MERS Look-ups.

    On the MERS look-up, be sure to enter the MIN Number in the search for the most accurate findings. Also, once the search for servicer is done, there is a function that allows you to determine the identity of your “lender”. Just enter the last 4 digits of your social security number and it should provide you with this info too.

    Print the results of each look-up and save the screen shots on your thumb drive. You’re gathering evidence now and it is vital to keep all of your findings organized so that you can refer to these facts as you follow the crumbs on the trail.

    The results of the QWR should provide you with the name of the “investor” or “trust” your loan is purported in. So, let’s see what the QWR yields.

    In the meantime, once you complete the look-ups, start fact-checking EVERY single “fact” on the docs from the registry. Start with the names of the “lender.” The address listed on the DOT,and all other docs. Research the corp – when and where was it incorporated? Are they licensed in your state? If so, are they licensed as bankers or mortgage brokers?

    The Trustees are also ripe for investigation. Are they independent, or owned by a bank or financial entity?

    Lots here and it can seem over whelming. But if you start with the look-ups and then begin one single search for all entities in one category like “where is this entity incorporated, and when?” this will appear less daunting.

    In terms of Assignments of Mortgage, they are only recorded when the homeowner:
    -Requests a modification
    -Falls behind on their payments
    -Declares Chapter 7 or 13 bankruptcy

    So, since you are current, not in BK, or asking for a mod, they will not file an Assignment for you. I love Assignment of Mortgages because they are the breeder documents for the fraud and provide a wealth of info that we can use against the pretender lenders.

    It takes more digging in cases where homeowners are current, but we’re finding the same fraud.

    I’ll help you in any way I can, Vandalbill. So please stay in touch and let me know what you uncover as you move forward.

    How does that sound?

    17th October 2012 at 8:19 pm

  405. Don says:

    @Vandal
    Your servicer is whoever you are sending your payments to. But with MERS listed you can do a MERS search to obtain the listed servicer and supposed note holder. Te following link will take you to the site: https://www.mers-servicerid.org/sis/index.jsp copy and paste it into your browser. You can search by either MERS number (loacted on the deed of trust under next to the phrase “MIN”, or you can search by property address and name. The first screen will take you to the servicer. Then you can do the search to find who is the purported holder of the note. Make sure you print a copy of each search results screen.

    17th October 2012 at 8:20 pm

  406. vandalbill says:

    Thanks Everyone for the replies.

    @Mary Malone:

    To answer your questions:
    2009 – Purchased home originating thru a local company called Clearwater Mortgage. Loan was sold and serviced by Wells. Wells had the mortgage before my 1st payment ever came due.
    2010 – Refi via Quicken (originator). Skank of America is the servicer, again loan sold to them before 1st payment came due.
    On the current (Quicken) deed of trust I can’t see anything explicit regarding Fannie/Freddie, maybe I don’t know where to look. The bottom of page one says the form is a “FHA Idaho Deed of Trust with MERS – 4/96″
    I have already done a look-up through MERS as you directed in the this article. I have the MIN # from the MERS report (except for a bunch more leading digits it does match the number on the Deed of Trust. Also on the MERS look-up it show Bank of America as my servicer and when I went to their next step it disclosed the investor as “Guarantor – Ginnie Mae” this is why my gut feeling is this is a securitized loan.

    I have saved the screen shots from the MERS look-up and have it in my folder. I will start double checking everything you mention. We’ll see how it goes from here!

    Thanks

    17th October 2012 at 9:12 pm

  407. Mary Malone says:

    @Vandalbill – Great job – you’re off to a very good start.

    ” “FHA Idaho Deed of Trust with MERS – 4/96″ – Your mortgage was insured by a GSE. The MERS Look-up confirms it is insured by Ginnie Mae.

    Now, Ginnie Mae never loaned you any money. They insured your mortgage when it was placed in a fake trust. Ginnie only insures residential mortgage backed securities, (RMBS). They never insure individual loans. So, we are certain that your mortgage is allegedly in a fake trust.

    Our goal is to uncover the name of that fake trust, so that we can find the Pool Servicing Agreement posted on the SEC website that governs your fake trust. This is key, because it will provide us with the names of all the parties that participated in your deal. The PSA will give us the cut-off date for your loan to be locked down into the fake trust. It will give us the guidelines for Assignments of Mortgage and endorsements on the Promissory Note.

    So, let’s see if they provide you with a name of the trust in the answer to the QWR.

    If not, there are other creative ways we can explore to get your fake trust name:
    -Look for the CUSIP number on your mortgage application. The Ginnie Mae website lists all the RMBS it ensures according to CUSIP number and dates. Once we have the CUSIP number, we can perform look-ups on Ginnie’s site to see if your mortgage is listed in any of these fake trusts
    -Visit the registry and look-up properties that were foreclosed and sold at auction that were returned to Ginnie Mae. There are instances where the servicer, who foreclosed in Ginnie’s name, reverts the property back to Ginnie post auction and gives Ginne the money. There may be documents that list the name of the fake trust in these transactions. If we focus on mortgages that originated about the same time as your mortgage, we may be able to find Ginnie Mae insured trusts that we can search.

    But let’s give BOA 30 days to answer the QWR before we travel down that road.

    17th October 2012 at 9:30 pm

  408. Kill Bill says:

    Good information to know Mary

    17th October 2012 at 9:51 pm

  409. Curt says:

    Hi Mary,
    Have been reading your posts and they are great. My wife & I live in OH, and going through court Mediation currently to save our home. We tried to apply for the Lenders Re-Mod (Provident Funding), when we first started getting into trouble. They wouldn’t lets us apply for anything til we got into default.
    They were no help and just said we should Short Sale our house. We also received a called from the PMI company offering us a cash-out loan to get current , that would not effect the bank as a claim, but Provident denied allowing them to do it .

    We found out many months later that there was a program in Ohio called “Hard Hit”. We applied and were approved,but being we were so far into the default after fees, etc.., we would have to bring $20k to the table for closing.

    We have our house on the market, because we were told we had to because of our Default status. The Realtor now found someone who is placing a Short Sale offer for the bank to approve. The offer is close to $100k less then what we owe.

    It actually drove us crazy, they would entertain a offer like that, but refuse to work with us in any shape, way, or form. So, I looked deeper into matters and came across the QWR information. I held off on finishing the paperwork for the Realtor to submit the Short Sale, and submitted the QWR yesterday to both the lenders attorney & the court for record of the request. Should I request the CEO’s name and certify the QWR to him/her as well?

    Our mortgage was done threw GMAC back in 2007 and the name on our closing papers is from a company called “Mortgageit, inc out of Dublin , OH. When the housing bubble popped, we went for a re-mod and demanded to see the Note from GMAC. After 3 demands they just offered us a program so we could keep our home. We were happy at the time with it and signed the re-mod. They tacked on $40k to our mortgage, when asked for a breakdown of the costs, they told us that our mortgage was now being handled but Provident funding. So all they gave us was the run around and refused to breakdown the costs of the $40k, meanwhile during the reMod process we gave them $14k which was never shown to be put towards anything.

    We have also received paperwork to be filled out by Independent Foreclosure Review, which states they are doing an independent review of loans by GMAC to see if there was any fraud done our loan.. The problem is that they won’t even be looking at our loan til next year which will be too late if Provident Funding has it’s way or if we go through with the Short Sale.

    Did we do the right thing by sending the QWR,and how can I use any information that I may find to help us save our home? Should I let the Realtor submit the short sale bid in-case I find no fraud. Being we don’t have much money, and when it’s time to get a lawyer could we get legal aid or what is the Pro se? The last question is, should we file Chapter 13 would this help us?

    Any help would be great, we are just so stressed over all of this…

    18th October 2012 at 9:12 am

  410. Mary Malone says:

    @ Vandalbill “2009 – Purchased home originating thru a local company called Clearwater Mortgage.”

    Action item for your list. Please research if Clearwater Mortgage was a member of MERS in 2009. There’s a list of members: http://www.mersinc.org/ Go to “about ” at the top of the toolbar and click. At the bottom you will see “member search”

    Your goal is to confirm Clearwater Mortgage was a MERS member at the time you originated your loan. Why is this important? Because ONLY MERS members could originate MERS mortgages in 2009. You have a MERS mortgage. We are looking for facts and data that will impeach the validity of this alleged contract you purportedly have.

    Also, when you have a chance, contact the Idaho Banking Commission to determine how Clearwater Mortgage was licensed in the state in 2009. Were they a licensed broker, banker or both? These details matter. In NJ, only licensed bankers are allowed to originate mortgages in their own names.

    Also, research where Clearwater was incorporated, the state and if they have agents, or if they are a subsidiary of an investment bank or other large entity. I also research what relationship the originator has to warehouse lenders. So, just Google Clearwater Mortgage, warehouse lenders 2009 and see what pops up. You are looking for evidence Clearwater never lent you the credits/money. Keep all the info you find on Clearwater in a separate book/binder, so you can refer back to it as you piece together the puzzle.

    Lots here, but you’ll find the system that works best for you…

    18th October 2012 at 2:51 pm

  411. Mary Malone says:

    @ Curt I am sorry you have to endure this madness, but am very glad you checked in.

    I read your summary and have several questions:
    Is your mortgage still held by GMAC? Or, did you re-fi with another firm? If so, what is the name of the entity you allegedly have a mortgage with?

    Also, I’m assuming you have been served a Lis Pendens, or sued for foreclosure. Is that true?

    If so, did you answer the complaint in the 28 day time-frame?

    You live in a judicial foreclosure state, which is a very, very good thing.

    Our goal, right now, it is to exercise EVERY law on the books that can be used to protect your private property.

    Ohio judiciary has issued some excellent decisions in homeowner’s favor. So goal #1 is to stop the foreclosure from proceeding and to get you into court, where a judge can examine evidence of your alleged mortgage.

    If you have not answered the foreclosure, it is never too late IMHO. So please check back in with me and we’ll see about getting you to first base with a good attorney.

    Here is the foreclosure process in Ohio:
    “How long does it take to foreclose a property in Ohio?
    Depending on the court schedule, it usually takes approximately 150-180 days to effectuate an uncontested foreclosure. This process may be delayed if the borrower contests the action, seeks delays and adjournments of hearings, or files for bankruptcy.

    In order to effectuate a foreclosure in Ohio, the following procedures must be followed:
    A foreclosure complaint is filed in county court where the defendant has 28 days to file an answer otherwise a default judgment is entered. If an Answer is filed the case is adjudicated by summary judgment or trial. Once adjudicated a foreclosure decree is entered and the sheriff is directed to sell the property by foreclosure sale.

    Three disinterested freeholders must provide an appraisal or estimate of the value of the property being foreclosed. The property cannot be offered for less than 2/3 of the appraisal or appraisement as it is commonly known.

    The foreclosure sale must be advertised thirty (30) days in advance of the sale and such advertisement must occur once per week for three (3) consecutive weeks before the sale.
    The Sheriff handles foreclosure sales in Ohio and these sales take place at the county courthouse. After the sale the sheriff will return a writ of execution indicating the sale has taken place and the court will determine if the sale has been undertaken legally which is called a confirmation. Once a confirmation takes place any right of redemption is extinguished and a deed is issued to the purchaser. ”

    We’ll help you sort this out, Curt. We can take this one step at a time…

    18th October 2012 at 3:06 pm

  412. Mary Malone says:

    @Curt “Should I request the CEO’s name and certify the QWR to him/her as well?”

    MM: GMAC is in Chapter 11 bankruptcy, Curt. So the answer depends on weather or not GMAC is still your servicer (company you make mortgage payments to each month).

    The Qualified Written Request (QWR) applies to the servicing of a mortgage, so we need to be sure that the QWR is sent to the entity that services your loan. I usually call the customer service dept. of the servicer and ask who I should send the QWR to and their address. I usually send an additional QWR letter to the CEO – just to poke ‘em in the eye. All are sent certified mail, return receipt requested. Keep all your receipts in a binder.

    Also, some additional consumer education:
    -We like to mail a certified letter to the law firm for the alleged “lender” who is suing for foreclosure and demand the law firm:
    “Affirm and attest that all the documents submitted to the court are true, original copies and that there is no fraud in the mortgage transaction.” Leave a space for their signature, with their name and law firm typed underndeath. Enclose a self-addressed envelope and demand it be signed and returned to you in 10 days. Send copies to the judge, court clerk and OCC.

    We have done this for a Maine homeowner, who originated with Countrywide. So far she has gone thru 5 law firms in Maine. Every time a firm receives this letter, they resign the account. BOA ran out of Maine law firms that would take her case, and now she’s dealing with a RI firm. Heh.

    18th October 2012 at 3:20 pm

  413. Mary Malone says:

    @ Vandalbill Some info on Quicken and how they partner with credit unions, who act as agents in table-funded loans

    http://www.cutimes.com/2011/07/17/quicken-calls-cu-partnering-a-win

    18th October 2012 at 3:37 pm

  414. Mary Malone says:

    @Curt
    MortgageIT – Wholesale
    2008-12-11

    The official announcement was just sent out:

    “Deutsche Bank has made the difficult decision to close the MortgageIT US Wholesale Lending Division. MortgageIT will cease accepting new business as of December 11th and focus on existing business based on the below timeline:

    New locks and/or new submission will not be accepted as of Thursday,December 11th.
    All loans that have been previously submitted regardless of status must be locked no later than Wednesday, December 24th.
    Locked loans must be submitted no later than Wednesday, December 31st.
    Loans must be closed and funded on or before Friday, January 30th.”

    What is the name of the entity that is suing you for foreclosure? is it MortgageIT, or Deutsche? Or someone else?

    18th October 2012 at 3:45 pm

  415. Curt says:

    @ Mary
    Thanks for getting right back to me on this.

    GMAC did a re-mod (or what they called a re-Mod) two years ago then transferred /or sold it to Provident Funding.

    Provident Funding is the one suing us for Foreclosure

    Yes, we answered within the 28 days stating we wanted to save our home & requested court mediation in the matter.

    So, right now everything is in Court Mediation with the foreclosure on hold at this point. The first meeting was a sit down to discuss what I was looking to do, now each month a conference call is made between the court, myself, Provident Funding & their lawyer.

    First, we made the court aware that we finally found a program they call”Hard Hit”, not sure if it’s just for Ohio or not. We did qualify. It take’s $25k (if you approve) and applies a portion to six months of payments (allowing us to get on our feet, then the rest to be used to get us in a current status with our loan.
    Being this has taken so long (with back payments, fees,late charges, paying for their lawyer fees… etc) & not allowing us to pay any potion towards our default, we would have to bring so much to the table at closing…..it was out of reach by this time..

    If we would of known about this program sooner it would of helped to start with. We tried to save some money up during that time, but everything gets eating up once they start throwing in all the costs.

    We then requested a Short sale and being we had to have our home listed we just recently got an offer. It’s easy when you have the house listed $100k under what you owe….I just got so sick that they would even entertain an offer so low, but refused to work with us from the star to save our home.

    So, I started looking deeper online, hoping it wasn’t too late. I didn’t submit the offer yet or sign the short sale forms. I instead found a QWR form, filled it out and forwarded a copy to Provident Funding’s ‘s lawyer, along with attaching a copy that went to the courts so they could record the request on our file. I also snail mailed copies to: Fannie Mae, The Federal Trade Commission, Government & Industry Relations, & The Office of RESPA & Interstate Land sales.

    My wife is going to find the name of the CEO of Provident as you suggested tomorrow so we can send it certified mail.

    Also that letter you suggested to send certified mail to Provident Funding’s attorney, should it just be a short to the point letter as you described, or that language added into a request form letter? I will also send a copy to court mediation for records. Thank you for that….

    Now sure how they are going to respond, because last meeting they were just waiting for me to submit the Short Sale for review and we were all meeting back for a call Nov 12th. The bank was going to review the offer and make a decision on it.

    I also stayed on the QWR that I was wanting a stay of status till the paperwork requested was received (60 days) and time for me to review the information and numbers, not sure how they will react to all of this, but really don’t care at this point.

    They have done nothing from the start to try to help us, just stating that we should sell our house. My business is in the trades and we have been struggling ever since the housing bubble, this recession/ depression hasn’t been getting any better. All we were looking for was a reasonable way to adjust things so my family can still own our home once we get through this economy.

    Thank you for all your help
    Curt

    18th October 2012 at 6:30 pm

  416. Mary Malone says:

    @ Curt Thanks so much for the clarification. It’s really helpful to gather facts so we can create a strategy to uncover the identity of your “lender” and obtain evidence you can present in Ohio judicial action that helps you obtain meaningful relief.

    Curt: “GMAC did a re-mod (or what they called a re-Mod) two years ago then transferred /or sold it to Provident Funding”

    MM: What evidence do you have, Curt, that the GMAC loan was “purchased” by Provident Funding? Did they provide you with the original Promissory Note stamped “satisfied, paid in full?’ Is there a record of the wire transfer from Provident to GMAC that shows the amount of money deposited to GMAC that paid off your “loan?” Are there documents recorded in the Ohio County Registry, where your property is located, that are evidence your loan was paid off by Provident?

    I’m not trying to be cute here. But unless we have evidence that ANY action occurred we should never, ever assume that what these financial entities told you is true. We need evidence that the GMAC loan was paid off.

    It will be interesting to see what they have to say about who “owns” your note in the QWR response.

    In the meantime, it would be a good idea to start digging and see if you can find cold, hard evidence that the GMAC loan was satisfied and subsequently purchased by Provident Funding.

    Curt: “Yes, we answered within the 28 days stating we wanted to save our home & requested court mediation in the matter.”

    MM: That’s very good. Lots of people don’t take this step and it hurts them when they uncover evidence of fraud and try to submit their affirmative defenses to the court.

    I think we should begin looking for an attorney who will be prepared to file an amended answer to the foreclosure complaint, once we gather more evidence about the status of your mortgage. I’m not an attorney, and this is not legal advice. But as one consumer to another, we are learning that the courts in judicial states are very receptive to amended answers once evidence of fraud is uncovered. So, let’s see if we can start a search for an attorney with the knowledge, skills and experience in representing homeowners in foreclosure actions who understand the elements of fake securitization. What area of Ohio do you live in? I’ll start searching for a good attorney now. If that’s not an option, I suggest you join the Antiforeclsoure Network (www.afnetwork.org). It costs $35 for a six month membership and the group of homeowners help one another fight illegal foreclosures. The Thursday evening conference calls are worth the price of admission. It’s a non-profit group, so nobody is out to take advantage of homeowners either.

    Curt: “Also that letter you suggested to send certified mail to Provident Funding’s attorney, should it just be a short to the point letter as you described, or that language added into a request form letter? ”

    MM: Yes, short and sweet is best. I would suggest the following format:
    Attorneys Name
    Firm
    Address

    Your names, address and account number
    Docket number for your case

    Dear _:
    I understand you claim to represent Provident Funding in the foreclosure action against us.

    Please affirm and attest that all documents submitted to the courts in this and future actions are certified true copies of the originals and that there is no fraud in the mortgage transaction.

    If you are not retained by Provident Funding in this action, please provide us with the name, address and contact information of the entity suing us for foreclosure.

    I have attached an affidavit for your signature. Please sign and notarize both copies. Please retain one copy for your records and send one copy of the signed affidavit to me in the attached, self-addressed envelope.

    Thank you.

    Sincerely,
    Homeowners
    CC: Court Clerk
    Judge
    Provident Funding

    The Affidavit

    I_______attest and affirm that all documents submitted to the court (In the county of ___in the state of Ohio) in the foreclosure action (Provident Funding v Your Name) case #_____ are certified true copies of the original documents. I also attest and affirm that there is no fraud in this mortgage transaction.

    Name: Signature here

    Notary: here

    MM:You may find other templates, and this is just a suggestion. I’m not an attorney, and this is not legal advice. Just consider it some friendly consumer education.

    18th October 2012 at 8:05 pm

  417. ASIG says:

    Coming at this from a totally different perspective but still very much related to this issue. Given all that has been discussed in this thread, how does this affect the person looking to buy a home?
    How does one know that a property that is for sale will have clear title?

    More specifically I came across a property that is of some interest to me. It is an REO. I haven’t actually looked into it yet, I haven’t talked a RE agent or researched which bank owns it.

    What do I need to be aware of?
    Is title insurance adequate to protect a buyer?
    Thought? / Suggestions?

    Thanks!

    18th October 2012 at 8:52 pm

  418. Mary Malone says:

    @ASIG ” how does (mortgage, foreclosure fraud) this affect the person looking to buy a home?”

    Fantastic question. So glad you asked…

    The next mark in the whole fake securitization scheme are homeowners who purchase properties that were in foreclosure, short sale or REO.

    The bottom line is the purchase of a home under these conditions is similar to buying a stolen car.

    If you purchased a car and found out later it had been stolen, you still purchased a stolen car, right?

    Same thing.

    Soon, the homeowners will begin to come back to the courts to fight for the return of their homes. And you know what, in states like NY, and Massachusetts they will win.

    So, please know that all parties who are involved in the purchase of this property – real estate agent appraisers, attorneys, title agents know that the title on all these properties is clouded.

    They indemnify one another – but the buyer is on their own.

    I am not an attorney, and this is not legal advice. But knowing what I know about fake securitization and rampant broken chain of title – I would never purchase a home in the distressed category under any circumstances.

    I suggest all home-buyers retain an attorney who specializes in property title while they are still shopping for a home. If they find a property they like – visit the county registry and look-up the docs associated with the property. Start with the current owner, and see if there are any Assignments of Mortgage, MERS, Lis Pendens, liens on the property. Take these docs to your attorney and ask for an opinion on the status of the property’s title. Is it clouded or in tact?

    A skilled attorney could draw up documents that would protect your interests. No other parties in the transaction are going to protect your interests. Nobody.

    But I would not even tackle this if it were a short sale, foreclosure or REO. Those properties are publicly damaged – and unmarketable, IMHO.

    Buyer beware, ASIG. Sorry to tell you, but it’s true.

    Good luck to you.

    18th October 2012 at 9:41 pm

  419. Mary Malone says:

    @Curt You’ve mentioned you are in mediation and a short-sale offer is on the table.

    It is good you are researching the identity of your true creditor. So, no need for you to rush and make important decisions that will impact your future, IMHO.

    You need to be 1000% certain that Provident Funding is your true creditor and you are negotiating with the real party in interest, before you sell your property to another family. That is not selfish, or gaming the system. It is honorable.

    So, they need to produce vast amount of evidence that substantiates all their claims.

    If the buyer really wants your home, they will wait for a resolution.

    The real estate agents KNOW you most likely have clouded title and there is a possibility that Provident Funding does not have real interest in your property. They are not disclosing that fact, which is a big problem for them. So please don’t let a real estate agent rush you into signing the short sale offer. They do not have your best interests in mind.

    Hope this help you clarify the issue and provides assurance that investigating the identity of your true creditor is the right course.

    As the intel rolls in, we’ll have a better idea of where this is going. But for now, since you are in a judicial state, you have time to regroup and weigh all your options.

    18th October 2012 at 10:00 pm

  420. vandalbill says:

    @Mary Malone:

    Thank You for the info. I am investigating the info on my loan originator. Thanks for the direction. I was reading what you posted above about REO’s and short sell purchases. I omitted that our original purchase in 2009 was, you guessed it…a short sale! I have to be honest the more I find out the more pissed I get at this whole mess. This is coming from someone that felt all these bubbles within a larger bubble was about to pop. How many average people ever heard of MERS, how many others like me assumed that if you cleared title insurance you were good to go. When we purchased we found the home in early July 09. We had it inspected, I inspected. The home was truly move in ready and has been a great home. But I remember our agent saying the Wells Fargo the prior owners “servicer” wanted this loan to close by the end of the month, I mean they really pushed hard to get this done. They offered the buyer’s agent $1000.00 bonus if it was closed by the end of the month (money we split with the agent). See this whole “shit sandwich” that is the clouded title issue I now wonder what the big rush was…

    Question: Can a QWR inquiry be done on my original loan that was paid off on my refi?

    Bill

    18th October 2012 at 11:59 pm

  421. Mary Malone says:

    @Vandalbill I’m glad to hear the info is helpful –

    I understand your concern regarding short sale property – it’s possible the home was thisclose to foreclosure and that’s why they pushed for a one month close date.

    Question – do you have a copy of the title report? Usually we only see the name of the title company and the fee on the HUD statement. But I would review the HUD if I were you and locate the name and contact info for the title and settlement companies cited on the doc.

    Contact the title company and ask for a copy of your policy and the full title report. Don’t tip them off on why you’re interested…just a gee, thought I’d make sure my files were complete kinda thing.

    Also, if you’re up to it, I would pull the mortgage docs from the previous owner from the county registry to see if there were Assignments of Mortgage, Lis Pendens or any other documents filed that give you a clue if the previous owner’s mortgage(s) were fake securitized. Look for MERS in the mortgages, MIN Number, Assignments of Mortgage that assign only the mortgage, and not the mortgage and the note.

    Also look for robosigners on the docs.

    Why?

    If you can show the chain of title was broken before your purchased the home, you can file a claim against the title company if you try to sell the home in the future. Or, you can consult an attorney to determine if you have claims against the real estate agents, attorneys, notaries, title company.

    These professionals all have errors and omissions insurance – so they have the means to pay a judgement if the court finds in your favor.

    Something to think about..

    19th October 2012 at 12:18 am

  422. vandalbill says:

    @Mary Malone:

    Following up on whether my originator is a shareholder in MERS or not here is what I have found thus far. Here is an excerpt from a local magazine article I found here in the Boise area regarding the reduction on mortgage brokers in the state since 2007:

    That has been the attraction for companies like Clearwater Mortgage and Mortgage West, both of the Boise area. Each completed a merger with Portland, Ore.-based Hyperion Capital Group this summer.

    I also found found what their former owner had to say interesting:

    Ernie Menchaca, former owner of Clearwater, once the largest FHA lender in Idaho, blamed federal regulatory changes for making it intolerable to remain a small, independent broker.

    For example: the Home Valuation Code of Conduct added restrictions, paperwork requirements and extra costs to the appraisal process. The Mortgage Disclosure Improvement Act added at least a week to the loan application process and delayed brokers’ ability to get paid. And changes to the Real Estate Settlement Procedures Act barred last-minute adjustments to loan costs that are quoted as “good faith estimates.”

    “Maybe someone else can figure out a way to live life in this environment, but I don’t know what it is,” Menchaca said.

    So suffice to say Clearwater Mortgage is no longer in business, I could not find them listed in the MERS database (not sure if they were in 2009 or not). Tomorrow I am calling the Idaho Dept of Finance to inquire about their licensing. I am pretty certain that they were a stand alone company incorporated in Idaho, but I will seach confirmation.

    19th October 2012 at 12:18 am

  423. Mary Malone says:

    @Vandalbill “Can a QWR inquiry be done on my original loan that was paid off on my refi”

    The concept of the QWR is to help homeowners resolve disputes with their current servicer on the current mortgage. So, QWR does not apply to a previous servicer.

    But, if your servicer has been Wells Fargo for both loans, I would send the QWR, requesting info on the first loan. Give it a shot, you have nothing to lose except your time and cost of certified mail.

    The banks are so screwed up, they may slip up and provide an answer.

    19th October 2012 at 12:24 am

  424. Mary Malone says:

    @Vandalbill – The MERS member list posted on their site isn’t the most accurate, especially when we’re looking at 2009. So you may want to contact MERS directly and request information on Clearwater Mortgage, to determine if they were members who were authorized to write MERS mortgages in 2009.

    I emailed Tiffany and she responded within several days. So this may be a good route for you…

    Tiffany Toale
    Product Performance Team Leader
    MERSCORP Holdings, Inc.
    Direct: 571-306-2371
    Corporate: 800-646-6377
    Fax: 703-748-0183
    [email protected]

    It appears Clearwater was purchased by Hyperion, which was later gobbled up by Impac.

    Impac is in disarray. The State of CA suspended their ability to originate loans a year or two ago. They are headquartered in SoCal and are being sued by a number of large organizations for mbs fraud.

    19th October 2012 at 12:49 am

  425. vandalbill says:

    @ Mary Malone: Again, thanks for your info & efforts. My wife wants to know if you ever sleep!?!

    I pulled all the docs from out purchase and printed copies off the disc that we also rec’d at closing. I still need to go back to the county recorders office today and call the dept of finance (work day has not started here yet). I do have a copy of the title insurance from my original purchase and warranty deed. I also noticed when reviewing my doc’s that the loan was funded by Security National Mortgage Corp but I noticed a “Amendment to Lender Closing Instructions” that was only signed by closing agent. The doc was from Security National and it basically says that the warehouse banks listed below have a security interest in this promissary note, mortgage or deed of trust listed. Also their wire will be sent from one of the warehouse lenders listed below on behalf of Security National. The listed warehouse lenders are Bank of America and Wachovia (I believe now one & the same, not sure if then). If I read this right it would seem to be this was funded from BofA/Wachovia to Security National to Clearwater to Wells to pay-off the loan of the previous owner?

    19th October 2012 at 9:02 am

  426. Curt says:

    @Mary
    Did a search on all three sites MERS, Fanny & Freedie:

    – MERS came back with results of GMAC being our servicer from 2007, but the status showed inactive?

    When I clicked on investor, it came back with Federal Home Loan Mortgage Corp (Freddie Mac)

    No mention of Provident Funding who is suing us for the foreclosure….

    – Searched Fannie Mac (too double check) No Results
    – Searched Freddie Mac, results came back as them being our loan owners since 2007

    Does that tell me anything? Shouldn’t Provident Funding be listed on MERS as our servicer?

    Got screen shots of everything for my records….

    Curt

    19th October 2012 at 11:13 am

  427. Mary Malone says:

    Vandalbill: “The doc was from Security National and it basically says that the warehouse banks listed below have a security interest in this promissary note, mortgage or deed of trust listed. Also their wire will be sent from one of the warehouse lenders listed below on behalf of Security National. The listed warehouse lenders are Bank of America and Wachovia”

    Bingo!!!!

    This document substantiates what we have been saying – your lender never loaned you any money. Warehouse Lenders extended a credit to payoff the previous owners’s mortgage.

    The credit was wired directly FROM the Warehouse Lenders TO the trustee of the previous owner’s trust, or whoever supposedly held the paper. The pretender lender was never in the loop. They acted as a clerk, who prepared your mortgage docs and submitted your loan app to another entity “National Security Mortgage” who forward sold your “mortgage” to a group of entities that packaged RMBS, ABS that was “sold” as triple A investment to institutional investors.

    This is evidence that your “lenders” are the institutional investors who gave the creators of the RMBS or ABS trust. (These investors are pension funds, insurance companies, towns in Norway). We do not know the identity of the investors – odds are the monies were co-mingled among many other investors when it was deposited into the warehouse lending account. Also, not all the money handed over by investors to the investment banks ever made it into the warehouse lending accounts. Often, the investment bankers skimmed $ off the top for themselves and their cronies.

    So, for your purposes, this is concrete evidence that you did not have a mortgage with Clearwater.
    ” funded by Security National Mortgage Corp .”

    Unless Security National Mortgage Corp, or the names of all the investors who actually “funded” the loan appears on the DOT, Promissory Note, the documents recorded in the county and in your files – they do not reflect who your actual lender was, do they?

    Lots here. Excellent intel. Right now, you are gathering evidence to determine if the chain of title has been broken. That’s your focus. When you have completed your investigation, we should be sure that you have a consult with top notch attorney with specialty in title and property law, who understands fake securitization. This way, you will have ability to make choices about your next steps.

    That’s the hardest part, IMHO, so we should start now.

    19th October 2012 at 11:25 am

  428. Mary Malone says:

    @Curt Great job.

    Curt: “Did a search on all three sites MERS, Fanny & Freddie:
    – MERS came back with results of GMAC being our servicer from 2007, but the status showed inactive?”
    MM: Many times when an alleged mortgage goes into alleged default, the property is removed from the MERS registry. So, this is somewhat normal. But in the case of GMAC, there may be more to the story. GMAC Mortgage unit is in federal bankruptcy, declared Chapter 11. There are attorneys who are fighting for homeowner rights, petitioning the courts to create a homeowners creditor committee who will have a seat at the GMAC BK. So, we should explore this thread more to determine if GMAC was ever your lender, or just an originator and servicer. If GMAC was not your real creditor, then they had no right to negotiate with you at any time, did they? So we need to uncover evidence that GMAC was or was not your lender. This dispute of material fact is huge. An Ohio judge will understand what this means.

    -When I clicked on investor, it came back with Federal Home Loan Mortgage Corp (Freddie Mac)
    MM: Freddie Mac insured your alleged mortgage, they never loaned you one thin dime. That is why Freddie cannot foreclose in its name. Freddie has 11,000 page guidelines designed to keep the simple fact that they have paid off these “mortgages” with taxpayer money. Now, when the alleged mortgage goes into alleged default, they are behind the scenes, pushing the servicer to foreclose on the property.

    We need to nail down the attorney for New Provident and ask that Notice of Appearance, which should be filed with the court when the attorneys represent their clients before Ohio courts, be amended to include ALL parties they are representing. This is VERY important. A judge should agree with you on this…

    I have a very strong feeling that Freddie Mac has retained counsel for Plaintiff and they are pretending to represent ONLY New Provident Funding.

    -No mention of Provident Funding who is suing us for the foreclosure….
    This is a HUGE problem for them. Let’s see what they say in the QWR, and compare it to the results of your look-up search.

    Here’s the Big Picture Curt:
    We want to uncover as much info as possible about the origination of your alleged mortgage, to identify the real parties in interest. In order to sue you for anything, including foreclosure, your adversary must have standing. Meaning, they must have a real interest in your property. No standing, no foreclosure.

    Also – in order to argue any of this, attorneys tell us that we need to dispute the debt. So, I suggest you join antiforeclosure network (www.afnetwork.org) and pull the debt validation letter off the site. You can send this to New Provident and obtain more info about your alleged debt. It’s very powerful tool, and should help you gain leverage in negotiations.

    Neil Garfield, the attorney whose site is http://www.livingliesworkdpress.com, calls the strategy Deny and Discover. He recommends denying ALL allegations (including the existence of a debt) and demanding Discovery of all documents associated with the creation, origination, sale of your mortgage.

    It’s very powerful and we have seen it work like a charm – most often in judicial states.

    That’s why attorneys who advise homeowners in non-judicial states recommend that homeowners find some way to get into court, where they can execute this strategy.

    Lots here, Curt. I’m sure it’s a bit overwhelming. But you are uncovering lots of really useful intel, so just keep at it.

    Please check back in when you have more questions, or need clarification.

    19th October 2012 at 12:01 pm

  429. Mary Malone says:

    @Curt: “We have also received paperwork to be filled out by Independent Foreclosure Review”

    Excellent. Let’s be sure to file a response when we have the QWR answer and some additional info. The new cut-off date is December 31, so it is key to get this filed in time.

    We don’t have all the evidence yet, but I believe the following occurred in your transaction:
    -GMAC was your originator, not your lender
    -Investors funded the mortgage, but we will never know their identity
    -Freddie insured the mortgage
    -Your alleged loan is in a purported trust, name of trust unknown at present

    If we can find the name of the fake trust your alleged mortgage is in, then we can pull the Pool Servicing Agreement off the SEC website if it was a public deal.

    Once this info is obtained, you should file complaints with the OCC, HUD, Ohio Attorney General, the Global Banking Settlement Committee describing the parade of horribles and demand compensation.

    Then, we would have the evidence you need to negotiate meaningful relief in the Ohio courts.

    That’s the plan, Curt. You in?

    19th October 2012 at 8:38 pm

  430. Mary Malone says:

    More info on the CUSIP numbers that are assigned to every single security in the world. Once you find the CUSIP number on your mortgage application (which was sold on the global trading markets, bundled into securities and sold to investors without your permission and knowledge before you ever closed the loan)…

    The Residential MBS (RMBS), and Asset Backed Securities (ABS) are assigned CUSIP numbers. Many of the fake trusts were organized as REMIC’s under IRS guidelines. But like every other part of these deals, they didn’t follow IRS guidelines either.

    So in addition to reporting all the fraud you uncover in your mortgage transaction to the OCC, HUD, state Attorney General, be sure to alert the IRS that the REMIC guidelines were not followed either.

    Here’s links to IRS REMIC Reports for 2007, 2009, 2010. You’ll note that 2008 is missing. Gee, wonder why?

    http://www.irs.gov/pub/irs-prior/p938–2007.pdf

    http://www.irs.gov/pub/irs-prior/p938–2009.pdf

    http://www.irs.gov/pub/irs-pdf/p938.pdf

    Like Don says, if they want to illegal seize your home, make it the most expensive property seizure in history….

    19th October 2012 at 10:02 pm

  431. vandalbill says:

    @Mary,

    Per your advise I did get copies of the previous owners mortgages from the county. I havent had a chance this weekend to really review but what I saw as I was pulling copies of the counties computer was really interesting. Sorta reads like a textbook example of this whole real estate mess…

    1996 prior owner (original owner also) takes out mortgage for 150,300
    2003 refi mortgage for about 165,000
    2007 refi in march for about 225,000, refi in october for 273,000
    2009 we purchase in a short sale for 175,000

    I think my wife & I must have thought the same thing. I looked at her and she shakes her head and says, “13 years, no equity and upside down by 100,000 dollars, my god!”

    Yes, the American Dream.

    21st October 2012 at 10:50 pm

  432. Mary Malone says:

    @Vandalbill I figured as much. I’m really interested in knowing if there are any Assignment of Mortgages in the chain. If the DOT has the MIN Number on them, you should be able to do MERS lookups.

    Also, I would be interested in reading the title search report to see if they flagged the defects in the chain and indemnified against them.

    22nd October 2012 at 8:21 am

  433. Ela says:

    Thank you for your excellent article. I am a retired homeowner from California, a non-judicial state. I am extremely concerned about the status of my home loan.
    Below are the facts about my loan and DOT (Deed of Trust). Please advise me what are the next steps to take:
    • Aug 2005 ; Original loan, recorded in the County;
    o Original lender:DSLA (Downey Savings and Loans, bankrupt in 2008)
    • Nov 2006: DOT assignment: recorded in the County
    o DSLA “conveyed, granted, sold, assigned, transferred and set over the DOT together with the certain note(s).., without recourse, representation or warranty, together with all right, title and interest secured thereby….” to MERS, as nominee for ; with CMC (Central Mortgage Co) as assignee; signed in Florida by robo-signer and Florida robo-signer Notary Public
    • Bloomberg database: lists my original DOT in DSLA Trust 2006-AR1,
    • Mar 31, 2006: DSLA 2006-AR-1 Trust closing date; New York State jurisdiction; I could not find this trust on the IRS list of REMIC trusts
    • MERS database: lists CMC as a servicer, without any further information
    • Home value now: about 5% “underwater”

    22nd October 2012 at 1:14 pm

  434. Mary Malone says:

    @Ela Gosh, you’ve really gotten to the core to determine the identity of your true creditor. Great job!

    So, if I understand you correctly, the Assignment of Mortgage that was recorded on:
    –Nov 2006: DOT assignment: recorded in the County
    –Question: Was the Assignment dated AFTER March 31st 2006 or BEFORE? In other words, what is the date the Assignment was created?

    All Assignments and endorsements on your Note should have been dated 90 days from when your mortgage was “sold” and bundled into pass through certificates, sold to pension funds. So, with a Mar 31, 2006: DSLA 2006-AR-1 Trust closing date, I wonder if the Assignment was created BEFORE the cut-off date.

    Question: Have you seen your original Promissory Note with the “wet ink” signature? Did you send the QWR?

    If the answer to both these questions is, “No” then I think a good next step would be to fire off the QWR with the USA Patriot Act language and see what they send you.

    According to the Pool Servicing Agreement for your alleged trust: http://www.secinfo.com/d13f21.vA9.htm#1stPage

    The parties in your deal are:
    GREENWICH CAPITAL ACCEPTANCE, INC.
    Depositor

    DSLA MORTGAGE LOAN TRUST 2006-AR1
    Issuing Entity

    GREENWICH CAPITAL FINANCIAL PRODUCTS, INC.
    Sponsor and Seller

    DOWNEY SAVINGS AND LOAN ASSOCIATION, F.A.
    Servicer and Originator

    WELLS FARGO BANK, N.A.
    Master Servicer and Securities Administrator

    NY Security Law requires that your mortgage have at least 3 true sales within 90 days, so the Assignments of Mortgage and endorsements on the Note, if they followed the law, would look like this:

    Downey (originator) to Fannie, Freddie or Ginnie (GSE insured) to Greenwich Capital (Seller) to Greenwich Acceptance (Depositor) to Deutsche (Trustee) to the Trust

    If this did not occur, then the chain of title was broken and you most likely have clouded title.

    When you have completed your investigation and have a paper trail that supports this claim we suggest you consult with an attorney and chat about filing a Quiet Title Action.

    I hope this is helpful, Ela. Please check in and let us know how you’re doing, OK?

    ·

    22nd October 2012 at 8:22 pm

  435. Ela says:

    Thank you, Mary, for thorough and prompt reply.

    The effective date of DOT Assignment was Nov1 2006, i.e. it was created AFTER March 3st 2006 cut-off date for my alleged trust. The County recording date of Assignment was Nov 28th 2006.

    The published version of PSA, the governing document of “my trust”, does not include the attachment with the list of individual mortgages, although it was supposed to have it. Therefore I cannot easily verify if my loan was in the Trust at or before the cut-off date. At present my loan is listed in Bloomberg database as a member of this Trust .

    According to your advice, I am sending the QWR and will notify you about the results.

    23rd October 2012 at 2:14 am

  436. connie says:

    Thank you for this information. Can I have your email address for future questions?

    23rd October 2012 at 9:34 am

  437. Mary Malone says:

    @Ela So,they allegedly locked your mortgag into a trust 9 months after the cut-off date. This is a big no-no.. This alleged trust was organized under IRS REMIC guidelines, which is a huge problem – for them.

    Lets see what the QWR reveals…In the updated QWR we cite the USA PATRIOT ACT and request the CUSIP number. I’m interested in obtaining evidence on how your alleged mortgage was funded and if they securituzed your loan application with a CUSIP number.

    23rd October 2012 at 9:52 am

  438. Mark Thurman says:

    I’ve Have a B of A loan and they haven’t been able to come up with the proper trustee also to date they havent answered my QWR. I live in a small town in central North Carolina and I can’t find a lawyer that knows how to proseed or that even wants to take the case. Any ideas on who or where I should look next

    23rd October 2012 at 11:51 am

  439. Mary Malone says:

    @Connie: I’d be glad to help you. Just email Admin at [email protected].

    He’ll send me your email and I’ll give you a shout as soon as he does.

    23rd October 2012 at 8:31 pm

  440. Don Day says:

    @Mark Thurman
    I too am in NC, over by Goldsboro. Where Located Mark? You’re right there are few out here that have the knowledge on this issue to proceed, but there are some.

    23rd October 2012 at 10:07 pm

  441. Mary Malone says:

    @Mark Thurman – One of the homeowners I worked with in NC retained Sean Dillenbeck: [email protected]

    I think Don will have more suggestions for you, since your both in NC

    Good luck to you!

    23rd October 2012 at 10:16 pm

  442. Samantha Moscheck says:

    I am so excited to discover this post and informative comments after thinking all this time that there was nothing we could do to defend ourselves against this madness.

    I hope you can answer a fairly urgent question for me. I have a mortgage on a house and am supposed to sign Harp 2 refinance papers to a new lender later today. But now I wonder of doing this would nullify my ability to seek relief using the methods outlined in this post. My current loan is the original loan which was through a mortgage lender called Evergreen and it went immediately (I think after the first payment) to Countrywide. Then of course to B of A.

    Should I turn down the Harp 2 refinance so that I can further pursue this? Or can I still refinance and Still seek to prove wrongdoing in the original loan hopefully to the end that I get to keep the house instead of them taking it?

    24th October 2012 at 7:06 am

  443. Don Day says:

    @ Samantha; I am not an attorney, who would be the best to advise on this, but I do believe that once the refinance is signed it negates any problems the first loan might have caused. I can not, with a clear consciense advise you to turn down the HARP2 refinance unless it is what you truely want to do and already have some evidence of wrong doing on your loan, that may be proveable in court. If you elect to accept their terms make sure you keep abreast of what is happening in your loan and hold their feet to the fire. If you elect not to accept it you can bet a forclosure notice would be the next step. Another thing is, if you do have information about wrong doing on the part of the lender/servicer in the inital loan you can bring this to their attention in an attempt to get a more favorable workout for you. It is hard to say without knowing particulars in your case Samantha. Again an Attorney would be the best person to talk with about this.

    24th October 2012 at 8:54 am

  444. Don Day says:

    Article on the Loan Mods can be found here -> http://foreclosuredefensenationwide.com/

    24th October 2012 at 8:42 pm

  445. Mary Malone says:

    @Samantha – If you are getting real relief from HARP 2 – I would not jeopardize the deal.

    So much depends on where you live, what the court rulings are in your state, the availability of attorney who understands fake securitization – I would be loathe to advise you to jump into the deep end of the pool when you were thrown a life preserver.

    How’s that for an image?

    Seriously, tho, you can always investigate your mortgage from the purchase mortgage to the present to determine if there are any breaks in your title. It’s also good to have all the info you can gather in your hip pocket for the future. Who knows what it will bring?

    If you believe that HARP 2 will provide you with real relief – and improve your financial situation and quality of your life, then I think you should move forward.

    This is not legal advice, but some friendly consumer education.

    Hope it helps.

    24th October 2012 at 9:33 pm

  446. vandalbill says:

    @Mary,

    Well today we rec’d some of our QWR doc’s. It basically has a letter stating that I have a MERS MIN #, they are authorized to service and handle all inquiries & other B.S. Another page states that most of my requests either do not describe any specific allegation or servicing error or seek documention beyond the scope of RESPA. Another page is the one the pissed me off the most. It thanked me for my inquiry regarding the inverstor or owner of the referenced loan. It basically states all the “BofA is authorized by inverstor to service your loan.” It goes on to say, “In case where B of A does not have authority to make decisions or otherwise act independentyl on the investors behalf, B of A will gather relevant information from you, consult with the investor about your request and communicate the decision to you.” It also reminded me where send payments and at the end it states the investor’s name & address as GNMA1 CIG 2936 PLS, 451 7th St SW #B-133, Washington DC. Sounds to be like the big F.U. from B of A on my request. Attached below is a copy of the QWR request I sent:

    Dear Sir/Madam,

    This is a Qualified Written Request (QWR) as defined by 12 U.S.C. Section 2605 of the Real Estate Settlement Procedures Act (RESPA). We are requesting to obtain copies of ALL documents pertaining to our mortgage loan and deed of trust.

    It is also requested pursuant to the P.A.T.R.I.O.T. act please provide me with accounting, the source and flow of funds that funded our loan.

    In addition, it is also a request made pursuant to Section 404(b) of Public Law 111-22, Section 404(b) for the name, address and telephone number of the holder and owner of the Promissory Note signed by us and secured by the deed of trust in our mortgage loan referenced above and for the same information with respect to the Master Servicer of the obligation. Please ensure all copies are clear, legible, and copied in their entirety.

    You should be advised that you must acknowledge receipt of this request within five (5) business days, and respond within thirty (30) business days, pursuant to 12 U.S.C. Section 2605(e)(1)(A) as amended effective July 16, 2010 by the Dodd-Frank Financial Reform Act and Reg. X Section 3500.21(e)(1). Your failure to respond to this request will result in civil action by us pursuant to Section 1641(f) of Title 15 of the United States Code.

    By our signatures below, we authorize you to furnish us with the requested information, and any other information regarding our account and the mortgage loan and deed of trust.

    These are the documents we request:

    • Initial Loan Application and Final Loan Application (1003)
    • Deed of Trust and all Addendums
    • Copy of Wet-inked Note we signed with all Endorsements and Riders
    • Copy of Loan Payment History – This must include all payments made, all fees incurred, any and all escrow account disbursements and how payments were applied and all disclosures and rate sheets.
    • All escrow analyses conducted on the account from the inception of the loan to the date of this letter
    • Truth In Lending Statements and Disclosures
    • All loan servicing agreements between the loan servicer(s) and the loan originator, the note holder/lender, and/or trustees from inception of loan to the date of this letter.
    • All letters, statements, affidavits, and documents (including Limited Power of Attorney if applicable) sent to me by agents, attorneys or representatives of your company
    • Itemization of Amount Financed
    • Good Faith Estimates
    • Estimated and Final Closing Statements (Final HUD 1)
    • Appraisal
    • Title Report
    • Grant Deed(s)

    RESPA also requires:

    • Documentation of all loss mitigation evaluations and actions taken on this mortgage loan
    • A full accounting of all money paid and received on this mortgage loan account from any third party sources including agreements, contracts, and understandings with vendors that have been paid for by any charges on the account from the inception of the loan to the date of this letter.

    This request is made as it is unclear as to who is the current holder and owner of the original mortgage note/deed of trust. Therefore it is requested that you resolve this uncertainty and dispute by providing us with the following information:

    1. The name, address and telephone number of the owner of the Promissory Note signed by us and secured by the Deed of Trust in the mortgage loan referenced above.
    2. The name, address and telephone number of the entity that legally is the “holder” of the Promissory Note signed by us and secured by the Deed of Trust in the mortgage loan referenced above. If your answer is the same as your answer to #1 above, you may simply reply, “same as #1.”
    3. The names of all entities to which the Promissory Note referenced above has been sold or otherwise transferred at any time, and the dates of each sale or transfer of the Note occurred.
    4. A copy of the Note referenced above showing all endorsements that have occurred, together with any allonge that exists to that Note.
    5. Then names of all entities to which my Mortgage or Deed of Trust has been assigned, and the dates that each assignment occurred. If any assignment in blank has occurred, include it and the list of dates with the notation “In Blank” in place of the name of the entity.
    6. A copy of each of the assignments reflecting each assignment referenced in #5 above.
    7. A copy of each written notice that has been sent to us informing us of the sale or transfer or assignment of the Note or Mortgage referenced above. You need only include notices sent by or any corporate affiliate of yours, or notices of which you otherwise have actual knowledge. You need NOT include in any Notice of Transfer of Servicing that may have been sent pursuant to RESPA. This request is only for notices that have been sent in compliance with the Truth-In-Lending Act.
    8. The name, address and telephone number of any and all fees provided to the mortgage broker(s) involved in this loan.
    9. Identify the current location of the original documents of the entire loan file and describe the manner in which they are stored, maintained and protected.
    10. Enclose a copy of our original lenders Bank Charter.
    11. Include the CUSIP Number for the Mortgage Backed Security Trust my Mortgage or Deed of Trust is allegedly in.

    Thanking you in advance, I am

    Very truly yours,

    Let me know what my next step should be to get the awnsers I want. Also may I forward my email address to you?

    Thanks Mary

    25th October 2012 at 9:48 pm

  447. Troy says:

    I am at the end of a HAUP mod with Howeward (formerly American Home Mortgage Servicing). I haven’t found employment that would support the large mortgage payment in regular modification. Homeward wants $30K by 30 days after a letter dated 11/6/12 that I received 2 weeks ago. I went to the court house and found the mortgage (MERS), wrote the QWR and got the reply which included the mortgage and the note as they appear in the court house. No assignments on either. No assignments recorded at the court house.
    The “owner/note holder is HSBC Bank USA, National Association, as trustee for Luminent Mortgage Trust 2006-7, Mortgage Pass-Through Certificates, Series 2006-7. Went to SEC and found prospectus and drill down but can’t find my loan.
    Also, the reply letter with the note/mortgage said the following:
    “It is our policy not to release original loan documents as the originals executed documents must remain with the custodian. Pursuant to debt verification request, we have included note and mortgage. Homeward is unable to provide the remainder of the documents and/or data requested in the body of the inquiry, as that material is for internal business and/or is not required to be furnished under applicable law.
    “The assignment, sale or transfer of ownership of the account does not affect any terms or conditions established by the Mortgage Debt, other than terms directly related to the ownership of it. We the Mortgage Account Servicer, maintain evidence of ownership for the mortgage debt…the instrument representing indebtedness is not a recordable document…the security instrument (Mortgage) however is recorded…
    I have not yet called HSBC to verify their “ownership”…looking for direction. Thanks for the amazing insight.

    25th October 2012 at 11:43 pm

  448. Mary Malone says:

    @Vandalbill: The good news is they responded to your QWR request in record time. We think this demonstrates their sheer terror of being in violation of the PATRIOT Act. So, IMHO, we should use this against them.

    Their response confirms your alleged mortgage is held by a purported trust insured by Ginnie Mae. Ginnie, of course, is now fully “owned” by the US Federal Government and supported by the taxpayer.

    In terms of next steps, with your permission, I would like to forward the response to my pals at the Antiforeclosure Network to get their feedback on what you should say in your letter answering their response.

    In the meantime, I suggest you contact your local Congressman and set up an appt to meet with him and his senior aides. Tell them that as a taxpayer, you have every right to know who funded your loan, the name of the trust, the CUSIP number and you want it now. Before election day.

    I would also consider getting my neighbors together, having them send the QWR’s and then organizing a meeting with the Congressman to review the responses. It sounds like an inordinate number of mortgages were insured by Ginnie Mae in your state. Chances are your neighbors will also get the same response.

    I’d like to examine your docs. Admin is a real patriot – forwards your email to me. You can email Admin at [email protected]

    I’m going to provide you with a debt validation letter when we connect, which is something you can send out while we’re formulating your response to the QWR.

    They’re clearly stone-walling. But let’s see how we can navigate around the barriers and get the info you requested.

    How does that sound?

    26th October 2012 at 9:30 am

  449. Mary Malone says:

    @Vandalbill – I wasn’t able to correct the typo in Admin’s email in time. Here’s the correct address:
    [email protected]

    26th October 2012 at 9:38 am

  450. Mary Malone says:

    @Troy: The “owner/note holder is HSBC Bank USA, National Association, as trustee for Luminent Mortgage Trust 2006-7, Mortgage Pass-Through Certificates, Series 2006-7. Went to SEC and found prospectus and drill down but can’t find my loan.

    This is most excellent news. Your alleged mortgage did not make it into the purported trust.

    To be sure it did not make it into a trust, I suggest you have a securitization audit. Neil Garfield offers the best selection at varied price points. You can confirmation if it’s in the trust for under $200. I think it’s definitely worth the price. His store on http://www.Livinglieswordpress.com has all the info.

    We need for you to retain counsel ASAP. Do you have an attorney? If not, where are you located? We’ll help you find counsel who understands fake securitization. You may want to consider filing a Quiet Title Action before Homeward takes any action against you. Attorneys tell us that Quiet Title Actions stop all other lawsuits, including foreclosure, in their tracks. Something to think about.

    Who are the parties in your purported trust? The PSA names the originators, sponsor/seller, depositor, trustee. All those parties should have completed Assignments of mortgage (so there should be at least 4 Assignments in your collateral file), along with 4 endorsements on your Promissory Note. Those documents are in your collateral file, which is held by the custodian, also named in the PSA.

    In their response, they are essentially saying, “Tough luck. We’re not going to let you leek into your collateral file”. This, of course, would confirm you do not have a mortgage, but something akin to a giant credit card debt. Possibly have a debt. We’d need to review the source of funding to determine if credit was extended from where to whom. So best to deny the debt until the evidence reveals those claims.

    Your attorney can and should demand the collateral file in Discovery. So, let’s keep that on the backburner.

    Like Valndalbill, I need to review the QWR response. I’d like to send it to my friends at the antiforeclosure network – since they are the ones who inserted PATRIOT ACT and CUSIP requests into the letter.

    Please shoot me an email via Admin at [email protected] and we’ll drill down and see how ewe can help.

    How does that work for you?

    26th October 2012 at 9:52 am

  451. Mary Malone says:

    For everyone interested in Quiet Title, here’s the definitive source for homeowners. Not signing onto John’s political beliefs. But this is America and he’s entitled to his POV.

    He’s the only person we know who has taken the time and energy to help homeowners and compile guidance in one pub with templates and conference calls homeowners can access while they are implementing the strategy.

    ShowMeTheLoan.net presents
    “THE QUIET TITLE WORKBOOK”

    The newly revised fifth edition of THE QUIET TITLE WORKBOOK
    is now available for $99.99 at: www . showmetheloan . net

    ORDERING THE QUIET TITLE WORKBOOK HAS BEEN SIMPLIFIED

    THE TEMPLATES FOR LETTERS, PLEADINGS AND
    MOTIONS

    ARE NOW AVAILABLE AT THE TIME OF PURCHASE.

    You can also sign up as an ‘affiliate’ and help sell the workbook to your friends and groups and receive $20 for each workbook you recommend by having them acknowledge you as the one who recommended the workbook. Just have them list your email as the affiliate when they purchase their workbook.

    THE QUIET TITLE WORKBOOK is a compilation of 5 years of research by the author and dozens of researchers, attorneys and laymen alike; an education obtained through fighting hundreds of court cases and dozens of creditors.

    THE QUIET TITLE WORKBOOK is 417 pages, with 30 chapters and 20 legal pleadings, motions and letters you can cut and paste with your personal information to fight the banks and other “creditors” in or out of court. Many of these templates have been used repeatedly and have been successful numerous times. Most of the information is based on discoveries by the author and is currently being used around the country by attorneys, paralegals, legal groups and laymen. Some of these discoveries are so ground breaking that most attorneys never learned them in law school. An action to Quiet Title is the simplest and by far most effective way to beat the banks and prevent them from unlawfully and/or fraudulently foreclosing on your home.

    THE QUIET TITLE WORKBOOK is the education and the ammunition you need to successfully beat the banks when they violate law and/or procedures to steal the home that is lawfully yours.

    THE QUIET TITLE WORKBOOK will also show you how to fight creditors committing their typical dirty tricks to steal personal property or obtain fraudulent judgments against you.

    Separately, the information and documents in THE QUIET TITLE WORKBOOK would cost you well over $20,000 if you hired a law firm to write the legal documents and teach you the information.

    THE QUIET TITLE WORKBOOK was written by John Stuart to teach all those who are “WILLING to fight for their rights” and can only be purchased at www . showmetheloan . net. Download yours today!

    26th October 2012 at 10:00 am

  452. Troy says:

    Mary,
    I will be emailing you pertinent info via Admin shortly. I should state I couldn’t find my loan because I couldn’t find any specific individual loans, just bulk numbers some by states but none that matched my original loan amount. Thanks for the offer of help.
    As an aside, I am in Louisiana. I found the following:
    http://theadvocate.com/home/2600141-125/ebr-court-clerk-sues
    Then called Richard Faulkner personally. He was warm and informative. I wanted to check if my clerk of court, Malise Prieto (St. Tammany Parish) was on board in hopes that her participation would give leverage in any pending case. He informed me that 60 of our 64 parishes are on board but mine is not. He noted that the other 3 were from small, poor areas that had relatively few transfers. Mine is one of the wealthiest per capita with bunches of transfers. I called Prieto to inquire. She was baffled at first and asked “why does it even concern me”!!!!
    I replied I was concerned about title and 200 years of property law but she poo pooed it. Her biggest reason was he wouldn’t hold her harmless in case the suit failed nad she didn’t think it was worth the risk. My fear is our courts are worried about unraveling should he succeed, even though it could mean a wind fall for all the damages.

    26th October 2012 at 1:53 pm

  453. Don Day says:

    Troy, one of mine was like that but used the FIND feature on it (ctrl+f) and entered information from my loan i.e. zip code to find those….then maybe closing date……..then interest rate, its a PIA but got the info.

    UPDATE TO ALL: Already told Mary she was right in regards to mine. When I started this nightmare trip she insisted there was a GSE involved. Did GSE look ups and nothing showed. Now, 4 days from my the “servicer” let’s it slip while talking to someone else on the line (a member of their legal team) that “His loan is a GSE so it’s a different Loan Mod Process” all the while she’s trying to interupt him…When they finished I interupted him to ask “Which GSE? Fannie? Freddie? Ginnie? (hear to sharp breaths on phone) then he answers “Well since you ask it’s Freddie, I’ll send you something in the mail on it”. I have this on recording now and am going to ask the lawyer who he’s working for and who owns my loan? Deutsche of Freddie Mac? Then ask for a dismissal due to lack of standing to forclose.

    26th October 2012 at 6:28 pm

  454. Troy says:

    Don, Thanks for the tip. Best I can come up with is 1 loan in the pool that matches my original amount but the rate is off and no zip codes show up on the search. The credit score posted for that loan does match mine at the time of application, so it could be in there.

    26th October 2012 at 7:21 pm

  455. Mary Malone says:

    @Troy Admin forwarded your email and attachments to me. So, I opened a file on my desktop in your name and will review all shortly.

    Your county clerk sounds like a real gem. I can’t tell you, actually I can, how fed-up I am with cowardly public servants.

    If I were you, I would research Louisiana property recordation law. See what the statutes are for filing false, inaccurate, fraudulent documents in the registry. Then, I would take a gander and look-up the clerk’s specific responsibilities and her duties under the law. Once I had my ducks in a row, I would write a letter to the editor of the local paper, describing the clerk’s willingness to overlook document fraud. Of course, if she is committing any crimes in failing to protect the county records, I would report file a report with the county prosecutor.

    Enough with these hacks. If they cannot do their jobs, and serve the public the need to go.

    Just one woman’s opinion.

    26th October 2012 at 8:33 pm

  456. Mary Malone says:

    @Troy “Homeward wants $30K by 30 days after a letter dated 11/6/12 that I received 2 weeks ago.”

    Be sure to save the envelope that the letter came in. It may be important evidence in the future….

    Troy: “My fear is our courts are worried about unraveling should he succeed, even though it could mean a wind fall for all the damages.”

    That is a very realistic fear, I am afraid.

    But I think I hit on a way to hit the judges between the eyes – tie the mortgage fraud into the mbs fraud committed by TBTF.

    We traveled down to Trenton NJ yesterday to testify before the Legislative Committee Financial Services and Insurance about foreclosure crisis in the state. NJ is #2 in foreclosures – woo hoo.

    Anyway, I decided to take a different tack than appeal to their better angels on homeowner rights. I researched NJ legislators pension investments in MBS. Their pension system (PERS) invested $800M in MBS from 2003-2008. So, I said, “They stole your pension money, and now they are stealing our houses.”

    That certainly got their attention. The Chairman’s assistant approached us and requested a meeting. Not sure if they’ll follow up, but we got them thinking.

    So, I suggest that every homeowner who files a contested answer in their foreclosure insert the amount of money the state judiciary pension fund invested in MBS, and say,” They stole $X amount of your pension money, and now they’re stealing my house.” Repeat it throughout your narrative.

    The public pension fund info is published quarterly in every state. Just perform a Google search for the reports for the years 2003-2008 and hit them with the number.

    Tie the pension theft to the home theft and you will start to move the needle in the homeowner’s direction.

    26th October 2012 at 8:49 pm

  457. vandalbill says:

    @ Mary,

    Thank you for your help. I admit I was PISSED when I rec’d my QWR. This weekend I will get my docs together for you and email admin my email address. Good idea on the retirement system. I already have started on that road. Unknown to me until I started down this road thanks to you I did’nt realize that there have been cases here in Idaho with MERS involved in both the state & federal courts. Each time MERS has won. I firmly believe the only was I can make any headway in court is to tie MERS, MBS, securitization, etc to their PERS system and specifically to the judges. Here in Idaho they belong to PERS but are under a seperate system to themselves. Monday my wife is going to contact our Rep as you suggested and also our Senators, one did not vote for tarp and the other has said he would not have if he was in office at the time. I don’t know how much help they will be but we’ll see.

    Further down the hole we all go!

    27th October 2012 at 10:29 am

  458. Mary Malone says:

    Bounty Clerks in LA and ARK are sung MERS for unpaid property transfer fees. Laudable effort, but after reading this article, I don’t think their lawsuit will survive Plaintiff Banks efforts to dismiss.

    Why?

    Neither LA or ARK statutes required banks to record mortgage assignments in the county registries. We have the same situation in NJ. That’s why we couldn’t sue.

    That’s why MERS is so dangerous and so difficult to get past. It was artfully written by the highest paid politically connected attorneys in the US. They exploited the fact that most state property law statutes were silent on requiring banks to record assignments and pay a fee to county registries.

    Very few clerks spoke up when MERS was launched. State legislatures never caught onto the huge revenue stream their states were being deprived either. Of course the homeowners had no idea what MERS was and how it impacted their title.

    The perfect storm to deprive the states and counties of much needed revenue. More here in this article:

    http://theadvocate.com/home/4262294-125/clerks-scheme-costing-millions

    28th October 2012 at 4:52 pm

  459. Mary Malone says:

    We talk about the difference between issuing credit and loaning money as an affirmative foreclosure defense.

    I stumbled upon this Affidavit submitted by Walker Todd in a MI foreclosure case. Really fascinating and I think it helps us understand how we’ve been duped.

    Hat tip to Dave Mack’s bloghttp://privateaudio.homestead.com/Bank-Fraud.html

    http://privateaudio.homestead.com/Walker_Todd_Affidavit_complete_signed_copy_with_Decision.pdf

    1st November 2012 at 5:23 pm

  460. Buckhed says:

    MARY…or anyone else…have you folks had any dealings with Safeguard Property Management ? They handle property for B of A .

    Have a friend whose house is in foreclosure…the foreclosure is in limbo right now. He stays an hour away from his house during the week and comes home on the week-ends. Safeguard changed the locks on his house while was gone…took 2 weeks to get the new keys. In the meantime someone helped themselves to all of his stuff. No forced entry etc…house was locked when he got the keys and went in. now B of A has sold his Mortgage to Nationstar and says we don’t know anything. Safeguard say vagrants must have taken your things.

    Any info would be greatly appreciated..he’s out 15K in belongings .

    2nd November 2012 at 5:46 pm

  461. Mary Malone says:

    @Buckhed
    I’m so sorry to hear about the break-in at your friend’s home.

    I don’t have any intel on Safeguard, but these “property management” firms have been breaking into homeowner’s property for the last 4 years.

    They barge in, change the locks and take what they can of value.

    Often times, they break into homes that are not occupied full-time. Their vans look like they could be contractors and they go around the back of the home, break the glass on the doors and enter the property.

    They also may call the local municipal water company and pretend their homeowner and request the water be shut off.

    Oftentimes, the local cops do not investigate, because they consider it a civil matter.

    This happened to a friend of mine who lives in NJ and owns a second home in Maine. She has a caretaker for the property, who noticed the back door was smashed and the locks were changed. She had a security alarm that went off and neighbors came out of the home and called the police.

    We’re pretty sure it was a BOA property management firm. So, she installed video cameras, has new locks and cut back the landscaping so any characters lurking on the property would be seen clearly.

    Your friend may want to do the same.

    BOA is evil and completely lawless. Homeowners in foreclosure need to be vigilant that this can happen to them at any time.

    2nd November 2012 at 8:18 pm

  462. Mary Malone says:

    @Vandalbill I think I found the investors who actually loaned you the money, or extended the credits to you. Here’s a huge file with numerous docs from NYC retirement fund – teachers, firemen others that called BOA on the carpet in 2010. They wrangled to get a look at the fake trusts – really fascinating reading. The SEC filing for Ginny Mae guaranteed mbs trusts appears at the end of the doc.

    http://www.sec.gov/divisions/corpfin/cf-noaction/14a-8/2011/aflcioreserve031411-14a8.pdf

    Maybe this will be helpful in your Quiet Title Action. Heh.

    2nd November 2012 at 9:20 pm

  463. TeresaE says:

    Evening Mary!

    Off topic here, but just want you to know I’m thinking of you and hope the tree damage is minimal.

    *hugs* (to any that need them tonight)

    2nd November 2012 at 9:44 pm

  464. Vandalbill says:

    @Mary

    Hope all is well for you in NJ. I have not forget about getting my info to you. Thanks for the find. I am digging into it now. I’ll see what I get find out. I will try to get everything to you soon.

    Again, hope all in the northeast are safe and sound. Good Luck to you guys.

    Bill

    2nd November 2012 at 10:17 pm

  465. Mary Malone says:

    @TeresaE & Vandalbill
    Thanks so much for the kind words. We are waiting for one other contractor’s estimate on the repairs and hope to get the construction started by Monday.

    The N’oreaster on Tuesday is a worry. The home was structurally damaged and I’m concerned that the joists won’t hold if the winds pick up. It’s a great house, built in 1928, lathe & plaster construction.

    Hopefully we’re thru the worst. We’ve been up at the farm, about 2 hours away from NJ since last Friday. Virtually unaffected here by Sandy. Metro NY/NJ completely different scene. Sigh.

    2nd November 2012 at 11:09 pm

  466. TeresaE says:

    Oh Mary! I’m so sorry about the structural damage. My fingers are crossed for you, those depression era slat and plaster homes are usually strong as all get out.

    I’m praying that the new front dissipates or turns away.

    More good thoughts your way.

    2nd November 2012 at 11:42 pm

  467. Vandalbill says:

    @Mary

    I have found and listing of CUSIP #’s on Ginnie Mae’s website that I am trying to ivestigate. It seems that every CUSIP listed I can’t get to pull up on any CUSIP look-ups. Any ideas where I can go? I am assuming I need to see what is listed under those numbers to find the trust to in turn get the pooling service agreement. My loan closed in Oct 10 so I am looking at the listing for Nov & Dec 2010. Any ideas would be great.

    Thanks,
    Bill

    3rd November 2012 at 12:13 am

  468. Mary Malone says:

    Vandalbill:
    Here’s links to IRS REMIC Reports for 2007, 2009, 2010. You’ll note that 2008 is missing. Gee, wonder why?

    A number of Ginnie Mae rmbs are listed in these reports according to CUSIP number. Maybe you can find a match..

    http://www.irs.gov/pub/irs-prior/p938–2007.pdf

    http://www.irs.gov/pub/irs-prior/p938–2009.pdf

    http://www.irs.gov/pub/irs-pdf/p938.pdf

    Try this listing and I’ll see what else i can dig up…

    3rd November 2012 at 12:58 am

  469. Mary Malone says:

    @Vandalbill

    Did you try this look-up?
    http://www.ginniemae.gov/disclosure/search.asp?Section=Investors

    Or this?
    https://structuredginniemaes.ginnienet.com/RemicDB/

    Or here?
    http://www.ginnienet.net/ProspectiveMIP/SelectCriteria.aspx

    3rd November 2012 at 2:21 am

  470. Mary Malone says:

    @Vandalbill and everyone who uncovered evidence the “investor” is identified as Ginnie Mae in their QWR response, you can send a letter, under Freedom of Information and demand information about the MBS your alleged loan is purportedly in at the following Ginnie Mae office:

    http://www.ginniemae.gov/guide/pdf/addr.pdf

    3rd November 2012 at 2:28 am

  471. Mary Malone says:

    I found the names and contact info for Ginnie Mae. Not sure what these contacts specific responsibilities are, but could be good starting point to obtain the name and contact info for execs at Ginnie Mae who can provide you with information about your alleged loan that is purportedly in the GM insured RMBS.

    If you have a HUD insured loan, you may want to reach out to them too.

    Colette Pollard, Q, Administrator
    Support Specialist, Department of Housing and Urban Development, 451
    7th Street SW., Room 4160, Washington, DC 20410; email
    [email protected]; telephone (202) 708-0306, ext. 3400. This is
    not a toll-free number.

    FOR FURTHER INFORMATION CONTACT: Debra Murphy, Ginnie Mae, 451 7th
    Street SW., Room B-133, Washington, DC 20410; email_
    [email protected]; telephone–(202) 475-4923; fax–(202) 485-0225
    (this is not a toll-free number); Victoria Vargas, Ginnie Mae, 451 7th
    Street SW., Room B-133, Washington, DC 20410; email_
    [email protected];

    3rd November 2012 at 2:41 am

  472. Mary Malone says:

    When you uncover fraud in your mortgage transaction, be sure to report it to the HUD Office of Inspector General. Contact info here:
    http://www.hud.gov/offices/oig/locations/oighq.cfm

    3rd November 2012 at 2:44 am

  473. Mary Malone says:

    @Vandalbill – We hit paydirt.

    Ginnie Mae’s REMIC Prospectuses (Offering Circular Supplements) can be downloaded in Portable Document Format (PDF) from this page. Click here for instructions on using PDF here.

    http://www.ginniemae.gov/investors/ocs2010.asp?Section=Investors

    3rd November 2012 at 2:54 am

  474. Gina says:

    I had my LA home loan originated in 2005, WaMu is the lender. Anyone knows about how to find if WaMu sold their profolios before it become Chase.?? Chase only sent me my loan information from 2008 to present. Chase also not answering my QWR fully. They pick a few simple questions to answer and stated they talked to my tenant on July 12, 2012. I do not have a tenent for a long time, and definitely on July 12, 2012. They charge inspection fees.

    3rd November 2012 at 7:10 pm

  475. Vandalbill says:

    @Mary

    Thanks for all the info. Had to work this weekend so I have not done much digging. I will get cracking though.

    Stay safe,
    Bill

    3rd November 2012 at 7:32 pm

  476. Mary Malone says:

    @ Gina: “Anyone knows about how to find if WaMu sold their portfolios before it become Chase?”

    Great question Gina.

    Max, one of the posters who came to our site found a deposition of WAMU/JPMC exec conducted by attorney Jeff Barnes. The bank exec admitted, under oath, that JPMC never received a schedule listing all the alleged WAMU mortgages.

    Here are the links to the post and the deposition.
    .
    http://foreclosuredefensenationwide.com/?p=469

    You can download the entire deposition here for free on Scribd.com:
    http://www.scribd.com/doc/102949976/120509-JPMC-v-Waisome-FL-Lawrence-Nardi-Deposition

    Good luck!

    3rd November 2012 at 10:13 pm

  477. Don says:

    Update: On October 26th I had a conversation with a representative CEO off Bank of America in which I found out I was not qualified under the Federal Settlement modification program because I had a GSE loan, Freddie Mac. On Oct 30 I was railroaded through my Clerk of Court hearing on Foreclosure where I was not allowed to present any evidence and she had the order signed before I even had a chance to question anything. Also was not afforded opportunity to see any evidence the opposing side presented. Same day, after hearing had anothe phone call with same CEO Rep from BANA in which he confirmed I was not eligeable under settlement act and had to meet FREEDIE (the free loaders) prerequisites for modification. Should tell you here he is located in Norfolk Va.
    November 2 retained attorney for appeal.
    November 3, found FEDEX package at front door from BANA. It was shipped from HOUSTON TX and was dated Oct 30, same day I was rushed through foreclosure hearing…..

    4th November 2012 at 10:47 am

  478. Don says:

    continued update…. The letter informed me that I was “approved to enter a trail modification period under the “Federal Settlement Act” and was signed by the same guy I had talked to on the afternoon of Oct 30th…remember he is in Norfolk VA and this came from TEXAS. Now if being approved for a trial period in a program I was already told I was not eligible for, OH and the letter is dated OCTOBER 30th!!!, is not bad enough get this. I have 3 trail payment periods….December, January and February…it states “all payments must be made no later than the due date IN THE MONTH IT IS DUE. This is in bold print and is very important to what follows so Please READ THAT AGAIN> MUST BE MADE BEFORE THE DUE DATE AND IN THE MONTH IT IS DUE. It does allow me to be late on one paymnetm but only in the 3rd month and then they add another month. Any variation other than that third payment, will result in immediate default and resumption of the approved foreclosure sale.

    Now here are the due dates: Keep in mind the above provisions and warmings
    1st payment must be made on 12/01/2012 <no problem
    2nd payment muste be made on 01/01/2013 < anyone know of a bank that is open on New Years Day?? Remember the terms "MUST BE MADE BY THE DUE DAY AND WITHIN THE SAME MONTH!!!!! This means if I send the payment early and it is credited in December 2012, they keep the payment and I am in default because it is not in the SAME MONTH DUE, If I send it and they do not credit it until January 2nd, I am in default because it was NOT MADE BY THE DATE DUE. At this point I am scheduled for default under the terms of the modification in the second month!!! Anyone read anything different?

    4th November 2012 at 10:59 am

  479. Tina says:

    Background…

    I am in NJ, brought my home many years ago. Fannie Mae, as if that shocks, through countrywide. FHA, refied into a regular loan ( whatever they are called ) and then was sold to Bank of America in 2006. For the past 2 years they have been bugging me to do the making home affordable program. Now I looked it up, read the horror stories from other bank of america customers and how many had lost their homes because they were given a lower payment at the onset and then months later after countless missing paperwork screw ups and head games told they didn’t qualify and owned such huge amounts of money that they couldn’t pay. For some they weren’t ever late on their mortgage to begin with. I read all the fine print and I didn’t qualify from the outset. So why would I apply. Of course they still bugged and bugged I refused to bite. They sent me the last package on it in Sept and as of Oct 15th which I just found out today they sold me. I am current on my loan except for this months payment and. now in the hands of green tree. I read about them, nothing was pretty.

    MERS shows Bank of America as inactive. I took a screen shot.
    I am also showing with fanny may. Took another screen shot

    I am really freaked by the fact that I am paying away every month and I might have shit for a title at the end.

    I would really like to know who my lender is, so who do I send that letter to, bank of america or this new company green tree.

    Any help would be greatly appreciated.

    And Mary, thank you. My head is spinning but I just got an education I probably needed.

    Tina

    6th November 2012 at 11:27 pm

  480. Mary Malone says:

    @Tina: Glad you logged on, let’s see how we can piece the story together and help you determine if you have clear or clouded title.

    Good job on the look-ups. Important info to file away.

    Quick question – Is Green Tree your new “lender” or servicer? There’s a big difference. Under Federal TILA guidelines, “lenders” are now required to send a written notice to homeowners when their mortgage/note has been “sold” to another entity. They would also be required to send you info if a new servicer is named. Can you check and see what role Green Tree now plays?

    Also, did you have a chance to send the QWR to Green Tree, if they are your servicer?

    If not, that would be a great next step. Be sure to send the new and improved QWR that requests CUSIP number and cites the USA PATRIOT Act. You should get a response toot sweet.

    Lastly, if you haven’t already, please go to the NJ county Clerk’s office and do a search on your property. Make copies of your mortgage, Assignment of Mortgage if there is one. Also, make copies of all Satisfaction of Mortgage too.

    Then start checking every detail cited on those docs. Google the names of all signers to determine if they are robo signers and/or if they work for the “lender” or another entity.

    NJ has very strict statutes with regards to title. You are looking for defects of title – there are 70 items that if found on your docs, may deem them defective. Lots of great case law in NJ where judges have voided liens because a mortgage was defective. I’d be glad to post the list if you think it would be helpful.

    Your goal is to see if you can uncover the identity of your true creditor. If you find your alleged mortgage is in a purported trust and learn they did not create and record the intervening Assignments of Mortgage and endorsements on the Note, you may want to think about filing a Quiet Title Action.

    You mentioned you haven’t paid this months payment. If possible, please keep your account up to date until we sort this out. The reason? NJ judges have really bought into the moral hazard argument proffered by the “lenders.” So, in order to increase the odds of getting a judgement in your favor for a Quiet Title, best to be current on payments.

    If you have any questions, I’d be glad to help. If not, just follow-up with the QWR and registry search and let me know what you find.

    Good luck!

    7th November 2012 at 7:51 pm

  481. Tina says:

    Thank you for responding Mary.

    First I will be keeping my mortgage current. I am just not paying anyone without some sort of proof that I owe them. What an ignorant women I got yesterday when I called green tree to ask questions. I wouldn’t pay her a dime. Since I have received nothing from Green tree, they get nothing. I am supposed to get some sort of packet by the end of next week. So with that I wait. I don’t know that I have been notified. I don’t have anything from green tree or anything from Bank of America telling me of this. I have to recheck the mail. I could have thought it was just something stupid.

    I do not know if they are serving or own now. I will ask.

    Also it seems Bank of America filed papers with the clerks office in the summer. These papers look to be my refi already on file from 06???? I will be printing everything off and comparing any to what I already have . I can guarantee that I have every document already that my husband and I signed that was provided to us. Hell I have the first check I wrote in 84. I kid you not.

    I will be sending a letter off to green tree as soon as I get all the paper work I need in terms of my loan. I will be using the letter you provided in this thread. Is that the correct one?

    And I would love the list of what to look for on my title.

    Thank you so much for your time.

    8th November 2012 at 12:30 am

  482. Mary Malone says:

    @Tina: Totally understand and agree that Green Tree should get “bubkus” unless they document what relationship they have to your loan. You may want to consider placing the monthly P&I in escrow and sending them a letter to that effect so you are covered in the event they try to report you as late.

    So, you may want to pull a credit report now, and review monthly to make sure that Green Tree is not dinging your credit.

    Also, be sure to review the paragraphs in your current mortgage regarding their right to sell the servicing rights or the note. There are strict federal guidelines under TILA. And the QWR is a RESPA reg that is cited in all mortgages.

    In your QWR, there is a paragraph where homeowners need to state why they are sending the inquiry. In your case, you can say, there is genuine issue of concern as to the identity of your servicer. You have not received correspondence as required under RESPA.

    You have kept all correspondence which is great. Once the QWR response comes back, we should look to see if and how they violated RESPA. You may be able to recover damages/fines from them in Federal Court.

    Question – What part of NJ do you live in?

    Once you get the QWR response back and have the docs from the registry, we can meet if you like and review. We also hold Who’s Your Lender Workshops in NJ – maybe you’d like to attend a future date?

    Yes, new letter posted in the thread is the most current QWR. I’ll post the title defects page – kinda long – so you and everyone can use it as a guide when reviewing your docs.

    It can be a frustrating process, but glad you are taking the initiative now. We’ll get to the bottom of this.

    8th November 2012 at 11:20 am

  483. Mary Malone says:

    Defects in Title
    What are the problems that could affect my title?
    The following are some of the types of title defect that would adversely (negatively) affect your property:
    • Forged deeds, mortgages, satisfaction or release of mortgages and other instruments
    • False impersonation of the true owner of the land or his consort
    • Instruments executed under fabricated or expired power of attorney (death or insanity of principal)
    • Deed apparently valid but actually delivered after the death of the
    • Grantor or Grantee, or without the consent of Grantor
    • Deeds by persons of an unsound mind
    • Deeds by minors
    • Deeds not properly delivered
    • Deeds which appear to convey title but are really mortgages
    • Outstanding prescriptive rights not of record and not disclosed by survey
    • Descriptions apparently but not actually adequate
    • Duress in execution of instruments
    • Failure to include necessary parties in judicial proceedings
    • Federal estate and gift tax liens
    • State inheritance and gift tax liens
    • Errors in tax records (For example, listing payment against wrong property.)
    • Ineffective waiver of tax liens by tax or other govern authorities repudiated later by successors
    • Corporation franchise taxes as lien on all corporate assets, notice of which does not have to be recorded in the local recording office
    • Erroneous reports furnished by tax officials, but not binding on municipality
    • Tax homestead exemptions set aside as fraudulently claimed
    • Lack of capacity of foreign personal representatives and trustees to act
    • Deeds from non-existent entities
    • Interests arising by deeds to fictitious characters to conceal illegal activities on the premises
    • Deeds in lieu of foreclosure set aside as being given under duress
    • Ulta vires deed given under falsified corporate resolution
    • Conveyances and proceedings affecting rights of servicemen protected by Soldiers and Sailors Civil Relief Act
    • Federal condemnation without filing of notice (Federal law does not require filing of notice of taking in local recording office.)
    • Deed from record owner of land where he has sold property to another purchaser on unrecorded land contract and the purchaser has taken possession of premises
    • Defective acknowledgment due to lack of authority of notary. (Acknowledgment taken before commission or after the expiation of commission.)
    • Deed of property recited to be separate property of Grantor which is in fact community or joint property
    • Lack of a legal right of access to and from the property
    • Matters affecting title whose origins existed before the period of title examination and which have not prescribed by operation of law
    • Deeds by persons apparently single but actually married
    • Deed from bigamous couple-prior existing marriage in another jurisdiction
    • Undisclosed divorce of spouse who conveys as sole heir of deceased consort
    • Undisclosed heirs
    • Misinterpretation of wills, deeds and other instruments
    • Birth or adoption of children after date of will
    • Children living at date of will but not mentioned therein
    • Discovery of will of apparent intestate
    • Discovery of later will after probate of first will
    • Administration of estates and probate of wills of persons absent but not deceased
    • Conveyance by heir, devisee or survivor of a joint estate who murdered the decedent
    • Deed from trustees of purported business trust which is in fact a partnership or joint stock association
    • Deed of executor under non-intervention will when order of solvency has been fraudulently procured or entered
    • Deed to or from corporations before incorporation or after surrender of forfeiture of charter
    • Claims of creditors against property conveyed by heirs or devisees within prescribed period after owner’s death
    • Mistakes in recording legal documents (For example, incorrect indexing, errors and omissions in transcribing and failure to preserve original instruments.)
    • Record easement, but erroneous ancient locations of pipe or sewer line that does not allow route of granted easement
    • Special assessments where they become lien upon passage of resolution and before recordation or commencement of improvements for which assessed
    • Lack of jurisdiction of person in judicial proceedings
    • And there are many others…

    8th November 2012 at 11:23 am

  484. Mary Malone says:

    There’s a conference call with John O’Brien, Salem County Registrar of deed today 11/8 at 1PM. If yu are reading this message in real time, register and jump in

    http://myaccount.maestroconference.com/conference/register/9OI4J9O9A4HGMOAN

    8th November 2012 at 1:12 pm

  485. Mary Malone says:

    This is what every County Registry needs to do. John O’Brien has the software and will give it to any recorder who contacts him.

    If you want to take action and stop the insanity, it requires local action. Educate your neighbors, friends about the MBS fraud that clouded title on 66 million homes and get your county recorder or registrar of deeds to implement the same safeguards at your registry.

    If the county recorders refuse to record these fraudulent docs, the foreclosures will stop.

    Our solution?

    Quiet Title Action for ALL homeowners. It’s the only way out.

    Check out John’s website and send the link with a note demanding your local registry protect your private property today:
    http://www.salemdeeds.com/robosite/

    8th November 2012 at 1:34 pm

  486. Leah Dean says:

    I have had to do my own homework to save my home from foreclosure and after 1-1/2 years still fighting the battle but have lived in the home without paying a mortgage. I found out after writing the Qualified Written Request that once the Servicer (in my case Bank of America) puts in writing that
    The Bank of New York Mellon is the Holder and Owner of your note it is time to contact the Trustee which is (Bank of New York Mellon) Also, get a certified copy of your Pooling and Service Agreement from the SEC, Go to your Land and Records Keeping Court, and gather all information pertaining to your property up to this date. Once you have it, and the Trustee tells you they do not physically hold the note, is not a investor, has no say in loan modifications and does not have any say in how the servicer disposes of the property, there is no indorsement on your promissory note or if it shows up after the trust is closed then time to file for Quiet Title. Notify your State Attorney General, the OCC, the Federal Bureau of Investigation, anybody you know is involved in the investigation of mortgage fraud and get a case number. Copy them on everything you send out and get a certified return receipt request for all of your written correspondence. It has been a long hard drawn out fight but I feel confident I am going to win. I have received 3 promissory notes without the indorsement and just here recently, Bank of America attorney’s sent me a promissory note that was indorsed 5/7/2012. The trust closed in 2007. Great move for me but bad move for
    Bank of America and their Trustee Bank of New York Mellon. Your not getting this one.

    9th November 2012 at 1:53 pm

  487. Mary Malone says:

    @Leah: “The Bank of New York Mellon is the Holder and Owner of your note it is time to contact the Trustee which is (Bank of New York Mellon)

    …the Trustee tells you they do not physically hold the note, is not a investor, has no say in loan modifications and does not have any say in how the servicer disposes of the property,”

    Great job Leah. The Trustee for the fake trust is the pressure point. Virtually every Trustee we have contacted has told us the same thing. They have no real interest in the property, do not have the Note and refer us to the servicer.

    Once you obtain this info from the Trustee, homeowners are well on their way to grabbing back the wild deed and winning Quiet Title Actions.

    Thanks so much for the report from the front lines. Homeowners experiences are really powerful. Please stay in touch and let us know how the QTA works out.

    10th November 2012 at 12:48 am

  488. Julia Kane says:

    Hello this is very interesting, we having issue with bankk of America, their Lawyer is suing us and they want us to sign a new deed, because the old one wasn’t recorded and we found out that, that it’s one of these MERS. we leave in MD and please could someone recommend a great aw firm to help us with this. We don’t understand what is going on!
    Thanks

    10th November 2012 at 4:57 am

  489. Buckhed says:

    Julia…..read the entire thread….it’s long but informative…..copy and paste into a word document all of the info that you’ll need to fight B of A.this will allow you to quickly reference info that you you’ll need .

    DO NOT sign a new deed .

    10th November 2012 at 9:30 am

  490. Mary Malone says:

    @Julia – Buckhed is exactly right. Under absolutely no circumstances should you sign a new Deed of Trust. Without looking at your docs, it’s clear that the chain of title is broken on your home. BOA knows it. That’s why they want you to place your signature on a new DOT.

    Question – What is the market value of your home?

    Whatever the number, that is what your signature is worth. So, unless BOA hands you over an equivalent in cash to sign the new DOT – don’t do it.

    If you haven’t already, please send the new and improved QWR to BOA. Not their attorney – just the BOA Chairman’s office. It should be sent via certified mail, return receipt requested.

    Next, join Antiforeclosure Network (www.afnetwork.org). For a $60 annual fee, you can access all their templates on the website and participate in the weekly conference calls. They have a debt validation letter you should send to BOA too. The information shared is relevant to all homeowners, not just those in foreclosure. It appears you have a steep learning curve – so these two actions will help you get on track quickly.

    Lastly, visit your county registry, where property records are stored and copy the following docs on your property:
    -Mortgage (Deed of Trust)
    -Assignments of Mortgage (if any)
    -Lis Pendens
    -Satisfaction of Mortgage(s)

    Once you have the response to the QWR and copies of your property docs, please log on and we’ll coach you on next steps.

    Are you being sued for foreclosure? Or another reason?

    Be sure NOT to to succumb to any pressure from BOA. Depending on MD property law, if the mortgage/DOT was NOT recorded, they are in a heap of trouble. In NJ , our statutes require the recordation of the mortgage within a month’s time. If that doesn’t happen, the closing attorneys are subject to significant fines and discipline. You have leverage – be sure not to squander it.

    10th November 2012 at 5:21 pm

  491. Susan says:

    Gosh, so glad to have discovered this post. I had Countrywide / B of A, all the usual fraud is present- the assignment to a trust years late, the unendorsed note, etc. They have just sent me a letter that my servicer will soon be Resurgent Mortgage Servicing, a division of Resurgent Capital Services, LP. I am in Oregon, behind on my payments, and ready for a fight., but don’t know what this switch means to me. Thanks for any insight.

    10th November 2012 at 5:27 pm

  492. Mary Malone says:

    @Susan “Was informed I have a new servicer don’t know what this switch means to me.”

    Well, it’s Resurgent Mortgage Servicing’s lucky day. They will now be required to answer your QWR, template on this strand. Just follow the guidance I outlined for Julia – you’ll be good to go.

    You’re now gathering evidence about the identity of your true creditor, so be sure to visit the local county registry, obtain copy of your docs (see Julia post) and join AF Network.

    The QWR, Debt Validation Letter are really good starts.

    Oregon Courts have issued some excellent decisions regarding MERS lately. So, be sure to get Oregon Attorney General to open up a file in your name. Send a copy of the QWR to the Oregon AG.

    If the new servicer calls you to ask for payment, you may want to say something like,
    “Please only contact me via mail from now on. I have you on my Do Not Call List (then register them on the list).

    Attorneys we work with recommend the Deny and Discover strategy. Deny there is a valid debt (until evidence is presented and accepted by the court) and demand Discovery (full loan level accounting of the funding of your loan).

    So, be sure not to admit to a debt – verbally or in writing until you have evidence the debt exists from discovery.

    If you take these steps Susan, you’re off to a really good start. Please check in once you have the QWR response and the copies of your docs from the registry. We’ll coach you on next steps.

    10th November 2012 at 6:25 pm

  493. Susan says:

    Lucky day indeed! I did sent BofA the SEIU “where’s the note” letter a couple of months ago. They claimed BNYM is the “investor”. They refused to “show the note” but then it magically appeared on my online account with only 1 signature-my own. The one and only assignment at the county recorders office is dated March, 2012 and signs the DOT and note over to BNYM into trust CWABS 2004-7. It also happens to be signed by a known robo-signer. There is nothing else in my the files that I don’t have already in my mortgage papers. I will follow your advice just as soon as RMS takes over, and I’ve already put in a request to join AFN. Thank you!

    10th November 2012 at 7:03 pm

  494. Mary Malone says:

    @Susan here’s a link to a complaint filed against BNYM for your alleged trust by a PA homeowner. It is one of the best complaints I have seen – homeowners counsel below.

    Please take a look at this document and keep it for your records. Perhaps this attorney could help you in your action. He’s in NC, but the homeowner lives in PA – so perhaps they have a national network.

    http://privateaudio.homestead.com/70278332-Schott-v-BAC-Home-Loans.pdf

    From the complaint:
    “5.Defendant Bank of New York-Mellon is a banking corporation, and purports to be the
    holder-in-due-course and Trustee for Certificate holders CWABS, Inc, Asset-Backed
    Securities #2004-7 and is a , with a principal place of business at 101 Barclay St., New York, New York 10286.

    6. Defendant Mortgage Electronic Registration Systems, Inc., MERSCORP (hereinafter
    1818 Library Street, Reston, VA 20190, and does business in the Commonwealth of
    Pennsylvania.”

    H.E. Luke Lucas, Esquire
    PA BAR # 61124
    LUCAS & NOWAK, LLP
    2631 E. GEER ST.
    DURHAM, NC 27704
    919-237-1934
    [email protected]
    ATTORNEYS FOR PLAINTIFF JAYSON SCHOTT

    10th November 2012 at 8:30 pm

  495. Mary Malone says:

    The actual parties who funded homeowners mortgages are pension funds. Here’s an example of a pension fund report – which lists MBS and ABS investments. They even name the tranches the purported mortgages they invested in.

    As you review, you will see a number of MBS deals – which may match your trust names.

    This gives you a solid piece of data that shows where the money actually came from. It may be useful info to present to a judge down the line in a Quiet Title Action, or foreclosure defense. Keep in mind there is not one peice of paper that ties these investors to the funding of your mortgage.

    IMHO, homeowners should be negotiating with the pension funds, insurance companies and towns in Norway who actually loaned them the money, or extended the credits. The fake trusts and criminal enterprises on the middle should be kicked to the curb, handcuffed and sentenced to serious slam time.

    http://secfilings.nyse.com/filing.php?doc=1&attach=ON&ipage=7019541&rid=23
    To the Trustees and Participants of
    Computer Sciences Corporation Matched Asset Plan
    Falls Church, Virginia

    “We have audited the accompanying statements of net assets available for benefits of Computer Sciences Corporation Matched Asset Plan (the “Plan”) as of December 31, 2009 and 2008, and the related statement of changes in net assets available for benefits for the year ended December 31, 2009. These financial statements are the responsibility of the Plan’s management. Our responsibility is to express an opinion on these financial statements based on our audits.”

    10th November 2012 at 8:45 pm

  496. Kill Bill says:

    Your a good person MM

    Keep up the good work

    10th November 2012 at 8:55 pm

  497. Mary Malone says:

    @Susan – On the Assignment of Mortgage that was recorded in the county registry…
    -Did they assign just the mortgage, or the mortgage and the note?
    -The assignment is dated 2012, yet the purported trust has a cut-off date of 2004. Not good for them.
    -Did you pull the Pool Servicing Agreement to determine all the parties in your deal who should have completed and recorded Assignments of Mortgage and endorsements on your note?
    -Did you Google the robosigner’s name and obtain other Assignments of Mortgage, or Satisfaction of Mortgage? It’s not enough to cite a signer as a robosigner. We need evidence to present to the court, showing various signatures, and companies he/she may have signed for.

    John O’Brien, the Essex County MA Registrar of Deeds will provide you with an affidavit that your doc is signed by a robosigner. You can present this affidavit to the court.
    http://www.salemdeeds.com/robosite/

    I love Assignments of Mortgage. Marie McDonnell, the forensic mortgage examiner calls them the breeder document for fraud. They are loaded with evidence that homeowners can use to build their cases against the fake lenders.

    So be sure to analyze the assignment many times – over a period of days, weeks and months.Check the addresses – just Google and see what comes up. If they list a suite number, use Google Maps to find other tenants in the building. Call them and ask if the suite number exists.

    There have been times when the name of the “lender” is BOA, but the address cited is FHA’s. So then we know that the GSE is pushing BOA, the servicer, to foreclose.

    The QWR should provide some good intel. We’ve noticed a much higher response rate since we included the USA PATRIOT Act in the request. The turnaround time is now under 10 days. Heh.

    Good luck and be sure to check back in once the QWR response comes in.

    10th November 2012 at 9:55 pm

  498. Mary Malone says:

    If you need assistance on how to look up your trust on the SEC website, here’s a very clear guide:
    http://www.foreclosureprose.com/storage/forms/HowToFindATrustSECFiling.pdf

    10th November 2012 at 10:48 pm

  499. Vandalbill says:

    @Mary,

    Question for you. Are you a part of the Antiforclosure Network? If not what do you know about them. I am getting all my info sorted through but to be honest and I do have some “data overload”. I am finding that not being in forclosure is actually making it more difficult the get BofA to release info. I have found Ginnie Mae site listing their auctions but every CUSIP if find will not pull in the free CUSIP look-ups I have found.

    Any ideas you have will help. You also asked me to gather my docs for you. I have them together and I will email admin. with my email address.

    Again Mary thanks for all this work you are doing. The time & effort you put into this is HUGE. I hope all is well with you and your loved ones after Sandy & the storms.

    Thanks,
    Bill

    10th November 2012 at 11:06 pm

  500. Mary Malone says:

    @Buckhed Here’s link to a lawsuit filed by a homeowner against “lender” and their property management company for breaking into the home:
    http://www.foreclosureprose.com/storage/forms/ComplaintForBreakin.pdf

    10th November 2012 at 11:17 pm

  501. Mary Malone says:

    @Vandalbill Thanks so much for your kind thoughts. The repairs on our home should begin on Monday and the power was restored on Friday. So we’ll be moving back into our NJ home early next week. We are luckier than most…

    Yes, digging thru all the data to find the identity of your lender is more challenging when the payments are current and foreclosure is not in play.

    But, with Ginnie Mae, I don’t think they would have provided you with much more info than you already have, regardless of the payment status.

    To narrow things down a bit, I would suggest looking at the Ginnie Mae mbs that were created around the time you originated your alleged mortgage. Since they are supposed to originate, sell and securitize within 90 days, you may want to focus on a 3 month window.

    Also, we should look to see what deals your originator entered into around the time you originated your loan.

    I thought we could send a subpoena to Ginnie Mae, but they refuse to honor them, claiming they are a government agency. Since you are current tho, you may want to contact Ginnie Mae directly and just ask them what trust your mortgage is allegedly in. Worth a try.

    The warehouse lender info you found is awesome. It may be enough to get rolling on the Quiet Title Action.

    With regards to Anti Foreclosure Network – Yes, I joined. The Thursday night conference calls alone are worth the price of admission. I’ve learned quite a lot about court procedures, and ways to gain an advantage in court. They helped us write the new and improved QWR and the other templates available to members on the site are really useful. I joined for six months and paid $35. A yearly membership is $60. I highly recommend it for all homeowners because they provide valuable insight into the whole Quiet Title Action process.

    Please send your docs to me whenever you can. I’ll be glad to help you get to the bottom of this.

    10th November 2012 at 11:32 pm

  502. Susan says:

    I have a friend who got cancer and hasn’t paid her mortgage for over a year. Her files at the county recorders office amounted to very little, but then this got filed…have you seen this before?

    “the assignment of the deed and trust occured on or around June 6, 2005 and the assignment is being recorded to comply with state law.” From MERS to HSBC Bank ….trust series 2005-HE3. Recorded on July 30, 2012!!!

    10th November 2012 at 11:42 pm

  503. Mary Malone says:

    It all comes down to title. I just re-read the list of defects that affect title (posted above in this strand) and look what pops up:
    —Deeds from non-existent entities

    Heh.

    If your alleged mortgage is in a purported trust, look up the trust on the SECinfo.gov site. If the trust has a series of reports filed which show the trust is no longer active, does the trust exist?

    Hmm…

    Be sure to contact the SEC and request the reports from the agency that show the trust is no longer active.

    This could be important evidence for your attorney to argue in a foreclosure defense or something you can submit in your Quiet Title Action.

    10th November 2012 at 11:44 pm

  504. Mary Malone says:

    Susan: “the assignment of the deed and trust occurred on or around June 6, 2005 and the assignment is being recorded to comply with state law.” From MERS to HSBC Bank ….trust series 2005-HE3. Recorded on July 30, 2012!!! Have you seen this before?

    Yup.

    HSBC is trying to correct its negligence – they never recorded the assignment in 2005.

    There is an adage attorneys use to describe fraud – “you can’t un-ring the bell.”

    Meaning, if an act of fraud has been committed by filing fraudulent documents, or not filing necessary docs at all – the fraud is clearly evident for all to see. It cannot be changed, corrected. It just sits there in the public record until somebody notices and decides to take action.

    That’s what we have here.

    There are a number of county clerks who are refusing to accept these documents and will not record them in the registries. Seems this county clerk isn’t aware of the fraud. Sigh.

    Question – who did your friend use to originate her mortgage? MERS is an alleged agent – there should be a mortgage company that actually facilitated the application.

    Where is your friend’s property located?

    If the originator is Accredit Home Lending, or any other originator that went bankrupt, I have lots of intel your friend can use to fight these fiends.

    Lemme know…

    10th November 2012 at 11:53 pm

  505. Susan says:

    I’ll ask her for that info tomorrow. Her house is in Springfield, OR. Since we passed Senate Bill 1552 here in Oregon, they are clogging the courts with judicial foreclosures to avoid the mediation the bill requires. Almost everyday the circuit court listings in the newspaper has 10 or more foreclosure actions listed, including hers a couple of weeks ago. Don’t think that is quite what they had in mind when they passed the bill!

    11th November 2012 at 12:10 am

  506. Mary Malone says:

    @Susan The GSE’s sued Citi and HSBC for MBS fraud. Their allegations against HSBC begin on page 92.

    Your friend may geet some good intel in the complaint, which is posted here…
    http://www.scribd.com/doc/63881706/US-GOVT-SUES-BOTH-CITIGROUP-AND-HSBC-BOTH-LAWSUITS-BY-FHFA-READ-HERE-SEPT-2-2011

    11th November 2012 at 12:39 am

  507. Mary Malone says:

    @Susan – Here are the parties that are in your friend’s (HSBC 2005-HE3) deal

    Pooling and Servicing Agreement, dated as of April 1, 2005, by and among ACE Securities Corp., as Depositor, Wells Fargo Bank, N.A., as master servicer and securities administrator, Ocwen Federal Bank FSB as servicer and HSBC Bank USA, National Association, as trustee relating to the Series 2005-HE3 Certificates.

    http://www.sec.gov/Archives/edgar/data/1325375/000088237705002147/d333232a.htm

    11th November 2012 at 12:51 am

  508. Mary Malone says:

    @Susan: OK. I thought the alleged trust your friends’ mortgage is allegedly in may be closed. I was right. HSBC filed a 15D Report in 2007 called, “Notice to Suspend Reports”:

    http://www.secinfo.com/d1Z7kr.uNm.htm

    This means they are no longer required to well, submit reports of trust activity to the SEC. It usually means the alleged trust has been paid off, and shut down.

    If it no longer exists it can’t sue your friend, or any other homeowner for foreclosure, can it?

    Your friend needs to order a copy of this report from the SEC so she can submit it as evidence to the court.

    I’m sure we’ll find more. But your friend has so much to deal with right now, I wanted to help her cut to the chase so she has reassurance that there will be affirmative defenses she can use to stop the action.

    11th November 2012 at 12:59 am

  509. Susan says:

    Holy crap, I just got my mail and there is a letter from B or A saying that they are NOT transfering my mortgage servicing over after all. Last week I did talk to them briefly and told them that my mortgage was full of fraud. Maybe time to request mediation under SB 1552?

    11th November 2012 at 1:02 am

  510. Mary Malone says:

    Excellent report on the breadth and depth of the fraud from CBS Affiliate in Atlanta:

    11th November 2012 at 1:43 am

  511. Mary Malone says:

    @Susan – BOA is so screwed up, and so corrupt, I wouldn’t conclude much from their decision not to change servicers. If their lips are moving, they’re lying.

    The key issue everyone needs to keep in mind is – are you negotiating with the real creditor?

    So, in order to know if it is worth the investment of your time and energy to complete and submit modification plans – you need to know that BOA is the owner of your note. Are they?

    So, if I were you, I would fire off the QWR and debt validation letter to BOA ASAP.

    If they assign an attorney to file against you, send the firm a letter demanding they sign and notarize and affidavit affirming and attesting there is no fraud in your mortgage transaction, You want them to attest that all documents are true copies of the originals.

    Send all letters certified mail, return receipt requested.

    You should get a response in about 20 days. Let’s see if they can produce evidence that BOA is the owner of your note.

    11th November 2012 at 1:50 am

  512. Mary Malone says:

    A very good source for homeowners, especially California
    http://hofj.org/default.asp.pg-LatestNews

    11th November 2012 at 1:53 am

  513. Susan says:

    My friend: first got a mortgage in 2002 with Wells Fargo. Then, refinanced in 2005 with “Finance America”. A robo signer from the Salem list does indeed appear on the assignment that was years late. We have previously identified robo signed sigs on some other documents as well. She has got a notice for a certified letter awaiting pickup at p.o.
    Meanwhile, my robo signed assignment does not make the Salem list, but can be found elsewhere, like the foreclosur edefenseblog – where she is listed in the list of top robo signers for b of a.

    It seems that CWABS 2004 also filed the “Notice to Suspend Reports” in Jan 2005. I see that Jayson Schott dropped his lawsuit, any idea what the outcome was? I assume they wanted to avoid the lawsuit and made a settlement? Thanks so much for all your effort!

    11th November 2012 at 9:00 pm

  514. Anonymous says:

    @ Susan It looks like Finance America is still in business. So, I would have been filed with the suggest drilling down on issues like:
    -Was Finance America licensed to write mortgages in OR in 2005?
    -Was the company licensed by the state as a mortgage broker, or banker?
    -Was Finance America a member of MERS in 2005? Contact MERS info on strand

    Question – Does your friend have a MERS (MOM) Mortgage? Meaning, was MERS listed as the “lender” or does Finance America appear as the lender on the mortgage?

    Also – get a list of all employees (officers) for Finance America from their Annual Report. Their reports may online. Just look-up and save the list of officers that appear.

    Contact their office and ask for the robo-signers. Pretend you’re returning their call. Heh. You want to get confirmation or denial that they actually work for the company.

    TAMPA OFFICE
    Contact: Victoria Bollea
    6102 S. MacDill Ave
    Suite G
    Tampa, FL 33611
    813-746-2661 Direct
    813-230-4529 Cell
    813-746-7806 Fax
    [email protected]

    Once you have that info, give me a shout and we’ll help you. The idea is to investigate the originator – see if they were licensed to even write a mortgage in OR at the time. If not, there may be an affirmative defense your friend could argue – mortgage was a defective instrument.

    We don’t know yet – but let’s see what we can find, OK?

    12th November 2012 at 5:30 am

  515. Mary Malone says:

    That was me. In a rush sorry about the ID and typos.

    12th November 2012 at 7:04 am

  516. Dave says:

    Could you recommend anyone in the central Michigan area. We took out a 1st and 2nd mortgage with Countrywide in July 2006. It went to BOA and they sold the 2nd to Green Tree. We got behind and just finished trial mod payments. They sent us an approval for permanent modification, but it will go to a 40 year mortgage from acceptance. Do we have any options since we would like to not pay a mortgate until 2052. Thanks.

    12th November 2012 at 6:02 pm

  517. Mary Malone says:

    @Dave “Do we have any options since we would like to not pay a mortgage until 2052.”

    We always have options. It’s just a matter of knowing we want to accomplish and what we are willing to do to reach our goals.

    Taking the 40 year mod will provide you with benefits such as a fixed monthly payment and a degree of certainty. If those are your top considerations and you think you can manage this debt for the long-term, then taking the mod may be your be option.

    Other factors may also influence your decision –
    -Do you have equity?
    -What are the home values like in your neighborhood?
    -Do you want to live there for the next 40 years, or do you plan to sell?
    -What are the rental rates in your neighborhood? Less or more than your payment?
    -Do you need access to schools and need to stay in the district?
    -Do you have money for an attorney, if you can find one?

    Michigan is a non-judicial foreclosure state and it’s brutal. The fake lender runs an ad for several weeks announcing the sale – and the next thing thing you know all their worldly possessions are on the lawn when they get home from work.

    So, I would never recommend playing games in MI. You have no judicial protection.

    But, if you can stall signing the mod and keep paying each month without the threat of foreclosure, you may want to send the QWR to the servicer for both your first and second mortgages.

    I would also send the debt validation letter. The template is available to members of the Antiforeclosure Network (www.afnetwork.org). You can join for 6 months – pay $35 and get access to all kinds of resources for free on the site.

    If the QWR response reveals your investor is a fake trust, you could pursue Quiet Title.

    I know a good attorney in Western MI who could handle your Quiet Title is you decide to go in that direction.

    I hope this is helpful, Dave. Good luck to you.

    12th November 2012 at 8:16 pm

  518. Mary Malone says:

    An observation. Homeowners often say, “I got my original loan from x, but then they sold it to y, and now Z is suing me for foreclosure.”

    Here’s the thing. You are bolstering the TBTF meme when you accept that x was ever your lender and that y and z ever purchased your mortgage.

    None of this ever happened.

    X acted as a clerk and took your loan app. Y never paid one thin dime for your mortgage. And Z, the last TBTF left standing, is stealing your house.

    In order to beat the TBTF and keep them from stealing your house, or stealing your house payments for 30 years and not giving you clear title, you need to stop giving them credit for legitimate actions they never took.

    These mortgages are held off balance sheet. Meaning, they are neither an asset or liability.

    So, if bank x buys bank y – your mortgage is not automatically purchased by the new owner. The new owner only buys bank x’s assets and liabilities. The purchase of the mortgages, held off balance sheet is a separate transaction.

    Until you track down an official document that is evidence bank x ever bought bank y off balance sheet mortgages, do not ever validate bank y and z’s claims that they purchased your mortgage, have a real interest in your property and have standing to foreclose.

    It’s a brave new world, my friends. Accept NOTHING. Make TBTF prove EVERYTHING.

    12th November 2012 at 11:05 pm

  519. Robert Coleman says:

    I was forced into bankruptcy by my mortgage lender Freedom Mortgage after a forbearance agreement assisted in getting by the MN AG. After a three month forbearance, and ontime payments they did not write call or email anything about the loan modification. That was to be in January of 2009. Finally in March we got a call from the servicer (Loancare) stating they lost all our records and we needed to resubmitt all the oan modification paper work, and to continue making the lower payment.
    Fourteen months latter they foreclosed on me, and forced me into bankruptcy by insisting on all short payments. But they added thousands to what I owed them which I refused to pay. We argued that all the way to bankruptcy.
    My bankruptcy attorney seems to not understand that this is fraud. Even after I had found out from the Federal program HAMP that Freedom mortgage dispite being on the Hamp website they have never done a loan modification through Hamp ever. I also say that it is fraud because they claimed that they were trying to qualify me through the Hamp program more then once to the Minnesota Attorney General’s Office.
    How can I prove this fraud. Oh and now I just got a letter from my insurance company saying the Freedom Mortgage has not paid the house insurance.

    13th November 2012 at 7:26 pm

  520. Mary Malone says:

    @Robert I’m sorry you have had such a difficult time. Let’s see if we can sort things out.

    If I understand you correctly, you were denied a modification, fell behind on the payments and declared BK once your alleged lender, Freedom Mortgage filed a lawsuit against you for foreclosure.

    Is that right?

    Question – Did you declare CH 13 or 7?
    Ch 13 BK rules require that homeowners cure the arrears and pay monthly mortgage over 36-60 month plan. Is that what you did?

    The “lender” is required to submit Proof of Claim in the process. What did they submit in your case?

    Many BK attorneys are just numbers-crunchers. They help their clients fill out the forms and come up with a reasonable monthly payment plan that is submitted to the Trustee for approval. Once the plan is approved, nearly 2/3 of all CH 13 debtors fall out of the plan and their case is dismissed. Things are even worse for homeowners after that.

    Did that happen to you?

    You mention HAMP several times. This is a voluntary program. Freedom Mortgage or any other “lender/originator” is under no legal requirement to approve you for the plan. So, from what I have read, this is not an argument that will win over any judge.

    In terms of next steps, I would suggest you:
    -Contact the Max Garnder BK Bootcamp attorney in MN http://www.maxbankruptcybootcamp.com/find-graduates#Minnesota
    -If there was fraud in your case, this attorney should be able to find it and provide you with advice on remedy

    – Send a QWR to your servicer (not the attorney or purported lender). The template is on the strand. Be sure to send it certified mail, return receipt requested. The reply should come in within 25 days.

    -Perform the MERS, Fannie and Freddie look-ups

    -Review the documents Freedom Mortgage submitted in the proof of Claim. Be sure to bring those with you when you meet the Max Garnder attorney.

    -Question: Did they submit an Assignment of Mortgage? Did Freedom Mortgage sue you for foreclosure or was it another entity?

    Just post answers to these questions and we’ll coach you through the process. Our goal is to determine if Freedom Mortgage is your true creditor. If we can find evidence that they are not your creditor, but pretended to be your creditor in CH 13 or CH 7 BK, they have a lot more to worry about than you do.

    13th November 2012 at 8:55 pm

  521. Mary Malone says:

    @Robert: “Oh and now I just got a letter from my insurance company saying the Freedom Mortgage has not paid the house insurance.”

    Ugh. I really hate these people. Do you know how many homeowners in NY and NJ are not covered for their loss in Hurricane Sandy because the fake lender cancelled homeowner’s policy without notifying them?

    Step One – I’m sure you are working on getting the policy restored ASAP.

    Step Two – Look up the laws in MN that pertain to homeowner insurance. Are they obligated to notify you? If so, print out the regulations/statutes and write a letter reporting the violations to the MN AG and state banking commission.

    Are they supposed to pay your insurance from escrow? If so, there are federal laws governing their obligations to pay taxes and insurance. Look up RESPA, read the guidelines and see if they broke any of them.

    The goal is to hold them accountable to every single last law on the books. When you find they committed a violation, call them on it. You may be able to win judgments against them in small claims court. Or, if you have a decent Attorney General, your complaint may result in compensation.

    13th November 2012 at 9:05 pm

  522. Robert Coleman says:

    .yes Mary, they filed for foreclosure.2. Chapter 13 for 60 months and they are asking for more.3.Not certain at this time what proof they showed, but I can find out from the bankruptcy attorney or from my paperwork, right?. The payment part you are a little off on. Freedom mortgage told us to keep making the lower payment while they were working on the loan modification. We made that lower payment every month ontime until they sent back a payment and demanded all of the difference for the 14 months they accepted the lower payment. Thats why I say its fraud is because they never had any intention of giving us a loan modification. Even though they were telling the MN AG that they were and I have that in writing.
    My insurance is payed through the escrow as part of my monthly payment. Oh and by the way the CEO of Freedom mortgage is Mr Stanley Middleman (CEO),907 Pleasant Valley Ave Ste 3, Mount Laurel, NJ 08054-1287

    13th November 2012 at 10:36 pm

  523. Robert Coleman says:

    I think that Freedom Mortgage/Loancare Servicing only wrote the forbearance to make the MN AG happy. But never had any intention of giving me a loan modification. I think it is the very definition of fraud. As I had mentioned they told the MN Ag that they were working on qualifying me for the Hamp program. I called Hamp and they said Freedom Mortgage has never done a loan modification for anyone through their program. How is this alone not fraud. I think they purposly put me in a position to forclose on me to get rid of me for complaining to the MN AG along with many other government officials. I recently looked at the BBB site to see they have an A+ rating. That is unbelievable with all the complaints I have found on them online.

    13th November 2012 at 11:08 pm

  524. Mary Malone says:

    @Robert “but I can find out from the bankruptcy attorney or from my paperwork, right?”

    Absolutely. Your attorney should have copies of the documents Freedom Mortgage submitted in the Proof of Claim. Set the docs aside until you receive a response on the QWR.

    I”m sorry that FM has run you through the mill. You met your requirements and expected them to do the same. I’m sorry to say that your experience is very common. In fact it is rare for a “lender” to fulfill its’s promises on granting a modification.

    It is a cruel ploy the servicers and fake lenders use to run up the arrears to such a degree that the homeowner will not be able to catch up. That’s when they lower the boom and sue for foreclose. Modifications are kabuki theater. The fake lenders and servicers are sleazy creeps and their actions are immoral. But, they are not committing a crime and you would be hard-pressed to win a civil suit on those claims.

    If you change your focus to analyzing title issues on this alleged mortgage, and investigating to learn the identity of your true creditor, you will get far more traction IMHO.

    The fact that they returned your payment signals that your alleged mortgage is in a purported trust. If you can uncover the name of the trust your mortgage is alleged in, then you could retain counsel and look into re-opening your BK. The true creditor must be identified in POC. If they submitted documents to the court and trustee that state a different lender than the one revealed in a QWR, they are in deep do-do. We’re talking possible BK fraud that carries a $500k fine and years of slam time. The fake lender and attorney who submitted the POC could be facing serious charges.

    So, this may be worth pursuing.

    I researched Freedom Mortgage to determine if they were licensed as bankers or brokers in your state.They state on their website that they are licensed as bankers in all 50 states. You may want to check the MN banking commission and confirm their licenses were in order the year you originated your loan.

    Also, checked out Freedom Mortgage warehouse lenders. A profile of their Warehouse Lending Manager pops up – there are a number of industry contacts listed which will provide you with clues on the warehouse lenders they worked with.

    http://www.linkedin.com/pub/dan-hefferon/7/199/6b

    Please check back in and keep me in the loop. I’ll be glad to help you any way I can.

    14th November 2012 at 11:21 pm

  525. Susan says:

    @Mary _ “Send them a letter, certified mail, return receipt request, demanding that counsel sign an affidavit stating they have examined all documents submitted to the court and there is NO fraud.”

    Is there a template for this letter, or do we need to get an attorney to write it? We are hot on the trail of fraud here in Eugene!

    14th November 2012 at 11:53 pm

  526. Robert Coleman says:

    very good Mary. I think I will send the QWR right away, and I did not finish my last message about the CEO Is that whom I send the QWR? Second I did contact the website you suggested to find an attorney, and the wife called him yesterday. Very optimistic with this attorney. He is wiling to look at our bankruptcy paperwork even though we have another attorney that he knows. Thank you so much for some Hope.
    Do you think we should send him all the paperwork from forbearance agreement to the loan modification communications.
    Second I did not mention to you that we had a broker (Lendsmart) who setup our loan. On the day of closing not before the paperwork to initial for Private Mortgage Insurance of $180. per month on a $124,000. loan. Everything that I have researched tells me that for that amount of loan it should have been about $50. Can that be fought through the bankruptcy?
    Thanks again for helping me find the right path.

    15th November 2012 at 9:26 am

  527. Robert Coleman says:

    very good Mary. I think I will send the QWR right away, and I did not finish my last message about the CEO Is that whom I send the QWR? Second I did contact the website you suggested to find an attorney, and the wife called him yesterday. Very optimistic with this attorney. He is wiling to look at our bankruptcy paperwork even though we have another attorney that he knows. Thank you so much for some Hope.
    Do you think we should send him all the paperwork from forbearance agreement to the loan modification communications.
    Second I did not mention to you that we had a broker (Lendsmart) who setup our loan. A rep from Lendsmart was there but no one from Freedom Mortgage. We did not know that Freedom Mortgage was to be our lender untilm that day. None of my paperwork is signed by anyone else but me and the wife. On the day of closing not before the paperwork to initial for Private Mortgage Insurance of $180. per month on a $124,000. loan. Everything that I have researched tells me that for that amount of loan it should have been about $50. Can that be fought through the bankruptcy?
    Thanks again for helping me find the right path.

    15th November 2012 at 9:30 am

  528. Mary Malone says:

    @ Susan – “Template for letter to Plaintiff’s attorneys”. Here ya go!

    Attorneys Name
    Firm
    Address

    Your names, address and account number
    Docket number for your case

    Dear _:
    I understand you claim to represent Provident Funding in the foreclosure action against us.

    Please affirm and attest that all documents submitted to the courts in this and future actions are certified true copies of the originals and that there is no fraud in the mortgage transaction.

    If you are not retained by (purported lender name here) in this action, please provide us with the name, address and contact information of the entity suing us for foreclosure.

    I have attached an affidavit for your signature. Please sign and notarize both copies. Please retain one copy for your records and send one copy of the signed affidavit to me in the attached, self-addressed envelope.

    Thank you.

    Sincerely,
    Homeowners

    If you have a an active case regarding foreclosure in your state that is currently being adjudicated, then you will need to include cc to the following parties:
    CC: Court Clerk
    Judge
    Purported lender

    The Affidavit

    I_______attest and affirm that all documents submitted to the court (In the county of ___in the state of Ohio) in the foreclosure action (Provident Funding v Your Name) case #_____ are certified true copies of the original documents. I also attest and affirm that there is no fraud in this mortgage transaction.

    Name: Signature here

    Notary: here

    MM:You may find other templates, and this is just a suggestion. I’m not an attorney, and this is not legal advice. Just consider it some friendly consumer education.

    15th November 2012 at 10:28 am

  529. Mary Malone says:

    @Robert Coleman I’m so glad you connected with the Max Garnder trained attorney and are finding this info helpful.

    Yes, I would send the QWR to Freedom Mortgage CEO in NJ, certified mail, return receipt requested. You may want to cc: MN AG, OCC, and the state court clerk where the foreclosure lawsuit was filed. Attorneys tell us this is a paper chase and often the party who produces the most paper into the court record wins.

    My understanding is Freedom Mortgage is your current servicer, correct? Are they the party you are paying monthly? The mortgage broker you worked with was from Lendsmart? God, don’t you just love these names? Anyway… I would contact the MN Banking Commission to determine what kind of state licenses the firm had in MN when they served as the broker for your mortgage. Were they a licensed broker? Did you close in your home, or their office? MN has state guidelines for mortgage brokers – so just check the regs against what occurred in your transaction to determine if the regs were followed.

    Also – Do you see references to MERS in your mortgage/Deed of Trust?

    If so, we need to find out if Lendsmart was authorized to write a MERS mortgage. You can send an email to Tiffany at MERS (address on strand) and ask her about Lendsmart MERS status the year of your mortgage transaction.

    Lots here.

    We want to check all the details against official records to see if any important laws, regulations or guidelines were violated. Then we’ll document them for your attorney to use in his arguments.

    I can hear the relief in your note – keep at it – if you hold the “lenders” feet to the fire, find the fraud, back it up with documented evidence and have a good attorny to argue the facts you will win, Robert.

    Please stay in touch and let me know if there is anything we can do to help.

    You’re on your way….

    15th November 2012 at 10:52 am

  530. Robert Coleman says:

    Mary my wife is very happy with your advise as well.. She is concerned as am I about going to another attorney. To be honest with you we could write a book on bad attorneys. We hired an attorney during the fake loan modification period and all they did was make things worse by doing nothing for about eight months. We treported them to the MN AG, and the lawyers board. The lawyers board actually sided with the lawyer stating that emails and telephone calls to customer service was enough.
    I will admit that the wife said that this lawyer to her seems different but lawyers don’t usually like taking on other lawyers work.
    Oh and the closing was done at the Title Company who also sold us title insurance. Loancare Servicing who has the same address as FM is the servicer.Yes I checked MERS and FM is listed.
    The rest we will get to work on. I must ask you what is the possible end result here? If I read you write I could get free title to my home and dismiss the bankruptcy?

    15th November 2012 at 11:54 am

  531. Mary Malone says:

    @Robert Coleman “To be honest with you we could write a book on bad attorneys.”

    I agree. The law profession is certainly riddled with obnoxious, self-important, lazy individuals who want to make a ton of dough for the least amount of effort.

    Not all, but lots. Too many.

    Good for you for calling that attorney out on the carpet. You didn’t get the result you wanted, but you gave the sheister a number of sleepless nights.

    We hear a number of similar horror stories. Attorneys take the money and don’t do a lick of work. The hack takes a big retainer, gets monthly fee yet misses all kinds of deadlines and the client is worse off than before. You and your wife’s POV is certainly justified.

    Many BK attorneys, are nothing more than clerks. They know the rules for CH 7 and 13 and how to file the petition. They appear before the same judges day in and day out and many do not want to upset the apple cart. Their business model is based on a high volume, quick hit volume of cases. They are not bad people – they go into the business to help people down on their luck get a fresh start.

    But taking the plunge into the deep end of the pool and arguing Uniform Commercial Code and NY security law is often way above BK attorney pay grade. And, it’s a lot of work, which their client often cannot pay for, because they’re broke.

    So, to be fair, many BK attorneys simply dismiss their clients questions and concerns about the fraudulent lending/foreclosure and focus on getting a viable plan approved by the trustee and judge.

    The attorneys who studied under renowned BK attorney Max Garder and attended his boot camps are a different breed. Many of these attorneys are trailblazers and are fighting the fake lenders tooth and nail, making inroads with the courts. Their wins are piling up – they have been at it for 5+ years. There are a number of tactics Max Gardner trained attorneys use to put the banks on the defensive. They are trained to detect the fraud and think outside the box.

    At the end of the day, we have to consider all the angles and decide on a plan that will help us reach our goals.

    MN has both judicial and non-judicial foreclosures. Did your mortgage have a power of sale?

    The reason I ask is BK offers powerful protections to homeowner/debtors. If we can find fraud in the documents Freedom Mortgage submitted in the Proof of Claim, then a capable attorney can move to have your BK re-opened. One tactic is to make a motion for an adversarial proceeding, which is a mini-trial held in BK before your judge.

    Your counsel would have to present a very solid reason for questioning the validity of FM proof of claim. If the QWR response provides info about the identity of your lender that is different from the documents submitted to the courts in POC, you would have a very solid case to present to the court. One of the biggest benefits for you to proceed would be the opportunity to get into Discovery. Who knows what you’ll find?

    I am sure your alleged mortgage is in a fake trust, so the best outcome for you would be to uncover the identity of the trust. We would pull up the Pool Servicing Agreement on secinfo.gov which would provide the identity of all the parties who participated in the mbs deal for that trust.

    You may want to consider having a securitization search performed for your mortgage too. There are only two firms in the US that I trust –
    Marie McDonnell, McDonnell Property Analytics
    Neil Garfield, http://www.Livinglieswordpress.com

    The end game is to have the evidence you can present to the judge which shows FM is not your true creditor.

    The judge could rule the debt was never valid. You would not longer pay a mortgage, since you do not have evidence of who you owe, or how much. Then, you could go into MN state court and ask the judge to void your lien in a Quiet Title Action.

    I’m not an attorney, Robert. This is really consumer education about the process. Your best bet would be to meet with the Max Gardner attorney and ask questions – war game what kinds of scenarios are likely, how much the cost of litigating would be and the best outcome for you.

    When you receive the QWR response, we’ll have more to go on.

    Does this answer your question?

    15th November 2012 at 4:54 pm

  532. Lee_in_NJ says:

    Hi Mary,
    I have sent the past several days reviewing much of the posts you have so generously written and want to thank you for the time you have invested in helping others in this way. I too am from NJ, and as being a fellow Jersian you can probably agree, finding straight forward, uncompromised advice can be hard to find. We believe that our title has been clouded and we came to this after a failed attempt to sell earlier this year. We sent a QWR to our servicer and the answer was woefully deficient. Out of 30 pointed requests, the servicer only confirmed that it was their belief that their was a valid and that information regarding this loan can be found in the public records. In truth, the public records are curiously non existent with the exception of the original mortgage and deed. No assignments. We have been instructed to pay 3 different entities over the years. We are basically in a state of shock discovering what has been going on and never in a million years thought that we would have a problem selling our home after faithfully paying our mortgage every single month, never a single time late. In a nutshell, we have now stopped paying and have been threatened with foreclosure. We have already attempted to speak with an attorney regarding this and he simply said,” the judge will tell you….If you benefited from the note, then you have to pay. No matter the circumstances, if you don’t pay, you lose. Case closed”. Mary, I would love to talk with you. Perhaps you can direct my family to a knowledgable NJ attorney with a strong backbone who clearly understands this type of issue. Are you able to contact posters directly?

    15th November 2012 at 5:40 pm

  533. Lee_in_NJ says:

    Opps! in the previous post I meant to say…that the servicer confirmed that it was their belief that my loan was a valid and legally enforceable debt……

    15th November 2012 at 6:29 pm

  534. Mary Malone says:

    @Lee We’re neighbors – I would be delighted to meet with you, go over your paperwork and strategize about next steps.

    Question – Did a title company flag your property as clouded title?

    Have you ever considered Quiet Title Action?

    If you can become current, it may be the best course, since the process requires verifying all the evidence, instead of blindly accepting whatever the TBTF submits to the court.

    You may have a number of options – I have several top notch attorneys – One in Essex, the other in Passaic County who also is admitted to the NY bar. Both are very talented and keep their fees low. Many NJ attorneys refuse to represent homeowners and persist in telling potential clients that there is no hope in litigating these cases. It’s not true.

    We’ve helped a number of homeowners throughout the state uncover the fraud in their mortgage transaction, write their own contested answers and get their cases dismissed with and without prejudice.

    Please send Admin an email and he will forward it to me. I’ll contact you as soon as I get it.

    Admin is at [email protected]

    Hang in there, Lee. We’ll get to the bottom of this…

    15th November 2012 at 6:39 pm

  535. Mary Malone says:

    @Lee “that the servicer confirmed that it was their belief that my loan was a valid and legally enforceable debt…”

    Well, if they say so it must be true. Heh.

    15th November 2012 at 6:54 pm

  536. Lee_in_NJ says:

    Thanks Mary, I emailed the admin. I think the biggest question for us is whats the deal with the assignments? Can this bank just assume the loan without assignment? Do these same servicers create assignments just prior to filing for foreclosure? And if they do that, do they falsify the date of the assignment? When I looked up our loan on the MERS system it doesn’t reference any assignments either. Is this unusual for there to be no assignments even within the MERS? Or are these “assignments” hidden from the homeowner?

    16th November 2012 at 1:03 pm

  537. FML says:

    First of all what a great site!

    After receiving a response from my QWRL wherein I had requested a copy of my TD and Note I discovered two endorsements. One was a “Pay to the Order of Countrywide Home Loans, Inc without recorse Aurora Loan Service, which was signed. The other is Pay to the order of (left blank) without recorse Countrywide Home Loans, Inc., also signed.” No dates for either of them, they were just stamped at the bottom of the last page below our signatures, which were obviously added after closing.

    After checking with the recorders office I found the following assignment of Notes and Deed of Trust:

    1. MERS as nominee for lender (which was Aurora) assignees to The Bank of New York on 6/22/2007.

    2. Bank of New York, as trustee…..transfers to The Bank of New York as trustee for the certificate holders CWALT, asset backed certificates, series 2002-12 on 3/17/2008. (by the way the document actually states it is a coporate assignment of Deed of Trust, not sure if it makes any difference).

    3. The Bank of New York (Assignor) transfers over unto The Bank of New York as Trustee (Assignee) on 5/22/2008.

    When I received the letter from the servicer they also included an Affidavit of Lost Assignment stating that The Bank of New York, as Trustee for the Certificateholders CWALT, Inc. Asset-backed certifications, series 2002-12 by assignment dated March 17, 2008 and recorded on April 07, 2008, subsequently transfereed its interst to The Bank of New York Mellon F/K/A The bank of New York, as trustee for alternative loan trust 2002-12, Mortgage pass-through Certificates, Series 2002-20. The original assignment was lost or misplaced before being recorded.

    Here is my confusion…per their letter with the enclosed “Affidavit of Lost Assignment” (which was not recorded) they showed the sequence of the recorded assignments, starting with the Note and DT dated 8/2/2002 followed by MERS/Aurora to The Bank of New York dated 7/5/2007; The Bank of New York to The Bank of New York as Trustee dated 6/5/2008; The Bank of New York as Trustee to The Bank of New York, as Trustee for the Certificateholder CWALT, Inc. Asset-Backed Certificates, Series 2002-12 dated 4/7/2008; The Bank of New York, as Trustee for the Certificateholder CWALT, Inc. Asset-Backed Certificates, Series 2002-12 by Assignemed Dated March 17, 2008 and recorded on April 7, 2008 subsequently transfered its interest in the above Mortage/Deed of Trust to The Bank of New York, as Trustee for Alternative Loan Trust 2002-12, Mortgage Pass-Through Certificates, Series 2002-20. The original assignmend was lost or misplaced before being recorded.

    Shouldn’t there be some kind of an assignment from Countrywide? Also it seems to me that the assignment dated June 5, 2008 wherein the Bank of New York transferred its interest to The Bank of New York as Trustee makes absolutely no sense because as of now they are telling me that The Bank of New York, as Trustee for alternative loan trust 2002-12, mortgage pass-through certificate series 2002-20 owns my DT and note, which was recorded before, the Bank of New York, as Trustee received their assignment.

    Mary….is there any way you can comment on this for me.

    Thank you!

    16th November 2012 at 1:18 pm

  538. Tony says:

    I tried to look up my property in the 3 different links MERS, Fannie, and Freddie in MERS say my orginal loan company when I first purchased the house and that was sold to a second and found that one as well under MERS. It doesn’t show any other mortgage company or bank how do I locate who its under?

    16th November 2012 at 1:52 pm

  539. Tony says:

    Is all this the case with most banks? I’m curious if this also applies to Chase/JP Morgan Chase. Mary can you please respond? This is really interesting information.

    16th November 2012 at 2:14 pm

  540. Mary Malone says:

    @Lee_in_NJ
    I think the biggest question for us is whats the deal with the assignments?
    MM: It’s all about preserving the chain of title, Lee. The only time the TBTF record Assignments of Mortgage is when there is a trigger that signals the homeowner is about to go into alleged default. The events that trigger recording of Assignments of Mortgage are:
    -Request for modification
    -Bankruptcy
    -Falling behind, or stopping monthly payments

    They are backtracking, trying to create the appearance that they have a real interest in the property.

    Can this bank just assume the loan without assignment?
    MM: No. If you originate with bank A, and suddenly bank B claims to be your new lender, they must have evidence that they “purchased” the mortgage. In the securitization process, the parties who originated, sold, and packaged mortgages that became bonds, were supposed to follow NY Security Law. These very strict statutes and regulations required that all parties create Assignments of Mortgage within 90 days of origination.. So, every mortgage that was allegedly securitized should have at least 4 Assignments of Mortgage, along with 4 endorsements on the Note, all dated within 90 days of origination. Nearly all of the trusts were supposed to record these Assignments of Mortgage at the county clerk.

    They did not follow NY Security Law. The Assignments that would have preserved the chain of title were rarely, if ever, created and recorded. The Notes are endorsed in blank, which is also problematic. It’s like writing a check to Bill, who gives the check Mike. Mike goes to the bank to cash the check written out to Bill. The bank officer would have Mike arrested, right? The only way Mike could cash a check written to Bill would be if Bill endorsed the back of the check with, “Pay to the order of Mike,” and signed his name.

    Same thing with Promissory Notes. A bank or fake trust cannot redeem a Note unless there are endorsements that specifically endorse the note over to another bank or entity.

    Do these same servicers create assignments just prior to filing for foreclosure?
    MM:Yes, often they do. But not always.

    And if they do that, do they falsify the date of the assignment?
    MM: Many times they record the Assignment 3, 4, 5 years after the loan originated. NY Security Law requires that the Assignments be created within 90 days of origination. Also, when an Assignment of Mortgage assigns the mortgage and note directly from the originator to the trust, this is a violation of NY security law.

    When I looked up our loan on the MERS system it doesn’t reference any assignments either. Is this unusual for there to be no assignments even within the MERS? Or are these “assignments” hidden from the homeowner?
    MM: MERS does not track or register Assignments. Most of the information that was registered on the MERS Registry by the TBTF and fly by night originators is untrustworthy at best. They used MERS to bypass land recording fees at the county registry. It is a secret database with data that is hidden from the homeowner. We recommend performing the MERS look-up because it provides us with evidence of just how screwed up the chain of title really is.

    16th November 2012 at 11:17 pm

  541. Mary Malone says:

    @FML Boy, is this getting interesting…

    Quick question – You originated your mortgage in 2002, correct? What was the mm/dd?

    Without having the opportunity to examine the Assignments of Mortgage, it appears that they are trying to recreate the chain of title by dummying up Assignments of Mortgage 5 and 6 years after origination.

    This is obviously a problem – for them. It’s also a very unusual, ambitious effort on their part. I’m wondering, was there a legal action? Something triggered this kind of activity. Were there any events you can recall around the time the Assignments were recorded?

    FML: endorsements. One was a “Pay to the Order of Countrywide Home Loans, Inc without recourse Aurora Loan Service, which was signed. The other is Pay to the order of (left blank) without recourse Countrywide Home Loans, Inc.,
    MM: Aurora to Countrywide Tracks. CW-ALT is a Countrywide Alternative Trust, so the originator was endorsing the note to Countrywide, who was the Sponsor or Seller of the mortgages that were allegedly placed in the trust. But to preserve the chain of title, there should be additional assignments:
    You have originator to sponsor (my guess is that was Countrywide’s role)
    Countrywide endorsed in blank (often done, but this is being challenged by homeowner’s)

    You’re missing:
    Depositor to Trustee
    Trustee to the Trust

    We need to look up the Pool Servicing Agreement (PSA) for the trust to determine who the parties in the deal were. The PSA will also provide you with the cut-off date. This is a date certain prohibits ANY mortgages from being inserted into a trust. The Assignments they recorded for your property would not conform to the rules set forth in the PSA. This is a big problem for them. To find the PSA for your trust, just Google – CWALT 2002-12. The page where the PSA (424B) resides on the secinfo.gov should appear on page one of the search.

    The Assignment to The Bank of New York, as Trustee for Alternative Loan Trust 2002-12, Mortgage Pass-Through Certificates, Series 2002-20 is weird. I’m wondering if they are the same trust, or a typo.

    FYI – Mortgages that are allegedly securitized are purported inserted into only ONE trust. The mortgages are locked down and they can never get out until the mortgage is paid off by the homeowner or through a purchase mortgage. Mortgages don’t get “sold” from one trust to another. So we need to find out if the 2002-20 is a typo or a totally different trust.

    What to look for on the Assignments of Mortgage:
    -Do they assign just the mortgage, or the mortgage and the note? Very, very important.

    Once you look up and read the PSA and analyze the Assignments, please check back in with your findings and we’ll coach you from there.

    I’m really fascinated with the amount of effort they went to in recording these Assignments so many years after the fact. Very, very, unusual….

    Also the Affidavit of Missing Assignment is a rare bird. Something triggered all these Assignments and I would love to know what it was…

    Don’t ya feel special?

    16th November 2012 at 11:56 pm

  542. Mary Malone says:

    @Tony “MERS say my orginal loan company when I first purchased the house and that was sold to a second and found that one as well under MERS. It doesn’t show any other mortgage company or bank how do I locate who its under?”

    MM: On your mortgage/deed of trust, there is a MIN number. If you perform the MERS look-up using the MIN number search you may be able to find out more info.

    Question – in the MERS window where you saw the servicer, did you type in your social security to find out the name of the investor? If not, you’re just pulling up the servicer info.

    Be sure to save these results as screen shots and printed copies. The MERS look-up results may change. They are very unreliable, so it’s a good idea to keep a record of the results.

    MERS look-ups do not provide the full history of the “lenders” who allegedly purchased your mortgage. So, you may want to contact MERS via email (contact info on this strand) and request a MERS Milestone Report.

    Also, have you mailed the QWR to your servicer yet? The template that cites the USA PATRIOT Act and the CUSIP number requests is on the strand. The QWR response should provide you with more intel.

    Once your receive a response to the QWR, just jump back on and I’ll help you with next steps. How does that sound?

    17th November 2012 at 12:14 am

  543. breela says:

    I have read several comments and this has been very enlightining! I have not read any comments that closely relates to my issue though. Mary Malone you sure sound like expert on mortgage fraud and are so well spoken!! I’m in need of advice. So here is my scenario: I have a second mortgage that was originated by New Century Mortgage in May 2004 who serviced it for 2 years then sold servicing rights to Americas Servicing Corporation who is a subsidiary of Wells Fargo. Then New Century closed its doors in 2008 and sold their assets and my mortgage, but ASC was still servicing the loan. I included the mortgage in a bankruptcy ch.7 in 10/2008 but did not reaffirn and have not paid on it since then. I recently contacted my servicer to settle this debt that has been discharged and charged off on the servicers side and they said they can’t settle. They said this is due to the investor that owns my mortgage and that I need to contact them to offer a settlement. I requested the note from the servicer and they sent a copy of the original documents that I signed with New Century Mortgage. I researched the lien/security deed and no ther assignements have been filed locally. I also requested the servicer give me investors info and 3 weeks later they gave me the investors address (U.S. Bank)and the structured asset securities corporation number(sasco2004-s3). Who should I contact at U.S.Bank to find this mortgage note that may be in a trust? From reading Mary Malones forum I’m sure that it was fake securitized.

    Many Thanks In Advance!

    17th November 2012 at 2:04 am

  544. Anonymous says:

    @Breela Glad you found our site. You have described a number of issues, so let’s break them out, OK?

    Breela: “New Century closed its doors in 2008 and sold their assets and my mortgage”
    MM: NC was the originator of your second mortgage. It was fake securitized either before your signed the closing docs, or immediately after. NY Security Law requires the following steps:
    Assignmensts and endorsements on the note from:
    Originator to Sponsor, Sponsor to Depositor, Depositor to Trustee, Trustee to the Trust.

    Your mortgage is off-balance sheet. Meaning, nobody “owns” it. It is neither an asset or a liability.

    When NC went belly up, they could not and did not sell your mortgage. Other companies may have purchased the servicing rights, but they did not purchase your mortgage.

    Breela: “I also requested the servicer give me investors info and 3 weeks later they gave me the investors address (U.S. Bank)and the structured asset securities corporation number(sasco2004-s3). ”

    MM: Great job obtaining the name of the trust. Now that you have the ID of the fake trust, just Google (sasco2004-s3). You are looking for the Pool Servicing Agreement, called a 424b which is posted on secinfo.gov.

    Lots of tips on the strand on how to look up the info so you may want to pour yourself a tall one and read thru the posts. But in short order, you are looking for the cut-off date and the identity of the entities in your deal (originator, sponsor/seller, depositor, trustee).

    Once you have that info, hop back on and I’ll coach you on next steps.

    I suggest you get back in touch with your BK attorney, or retain counsel from Max Gardner Bootcamp attorney. The links are on the strand.

    There may be a number of issues with regard to debt collection that a good, experienced BK attorney with knowledge of fake securitization can help you with.

    I know the fraud, but intricacies of BK law not so much.

    17th November 2012 at 11:21 am

  545. mary malone says:

    Gee, I forget to check my ID. That was me.

    17th November 2012 at 11:38 am

  546. FML says:

    Mary….Thank you so much for your response. I took your advice and googled “CWALT 2002-12″ for whatever reasons I can’t seem to find enough information to figure out if this trust exists or not.

    MM: I’m wondering, was there a legal action? Something triggered this kind of activity. Were there any events you can recall around the time the Assignments were recorded?

    FML: Yes…unfortunately it was necessary for us to file a Chapter 13 BK (due to medical issues) which ended up getting dismissed because we did not qualify for the payment plan. Ended up working out a mortgage repayment plan with Litton Loan (the mortgage servicer) at the time. This all took place late 2008 early 2009.

    MM: What to look for on the Assignments of Mortgage:
    -Do they assign just the mortgage, or the mortgage and the note? Very, very important.

    FML: Yes all the assignments include both the note and deed of trust. However the Affidavit of Lost Assignment, which is a signed nortorized copy from Ocwen (our new servicer as of 11/2010), only transfers the DT. By the way I too agree that this assignment looks wierd. It clearly states as follows:

    That THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDER CWALT, INC.ASSEST-BACKED CERTIFICATES, SERIES 2002-12 by Assignment dated MARCH 17, 2008 and recorded on APRIL 07, 2008 subsequently transferred its interest in the above Mortgage/Deed of Trust to THE BAK OF NEW YORK MELLON F/K/A/ THE BANK OF NEW YORK, AS TRUSTEE FOR ALTERNATIVE LOAN TRUST 2002-12, mortgage pass-through certificates, series 2002-20. The original assignment was lost or misplaced before being recorded.

    By the way the reason I am looking into all of this now is because we have fallen behind on our mortgage payments. ironically my husband’s counstruction business had to close due to the housing debacle. He paid all of his venders and subcontractors in full but took all his losses personally. This also contributed to additional medical issues at a time when he was reaching retirement age. We too have tried working out modifications, been given the run around, only to be turned down. We feel it will only be a matter of time now when they start up with the forclosure process again. So I have decided to be as proactive as possible by gathering up all the information I can now.

    Sincerely appreciate all your time that you have given to each and everyone of us.

    17th November 2012 at 6:55 pm

  547. mary malone says:

    @FML Thanks for the additional info. You are very wise to play offense. Without the benefit of examining the documents, based on what you describe, this is my personal opinion:
    – The Affidavit of Lost Assignment appears to have broken the chain of title on your home. There is a mountain of case law and judicial decisions from SCOTUS to state courts that the Note and the Deed of Trust cannot be separated. If that happens, the mortgage, which is the lien on the property, is a nullity. The lien cannot be enforced without the debt, which is clearly stated in the Note. If we examined the collateral file (which you will demand in Discovery) we will probably learn that the chain of title was broken in the securitization process.

    But this is easy. Very simple and a document that the Trustee allegedly created and entered into the public record. So, for now, it is your strongest piece of evidence that you have that there is a cloud on your title.

    In terms of next steps, I would do the following:
    -Have a securitization audit performed either by Marie McDonnell, McDonnell Analytics or Neil Garfield from http://www.Livinglieswordpress.com
    -Order John Stuarts Quiet Title Workbook http://privateaudio.homestead.com/John-Stuart-Quiet-Title-Action-Teacher.html It’s the best $99 you ever spent. If you place Mary Malone in the referral box, I’ll get a hefty $20.

    Attorneys tell us that in a Quiet Title Action, the onus is on the “lender” to prove the validity of each and every document introduced into evidence. Judges are not allowed to simply accept the bogus assignments without the “lender” verifying each and every fact. Right now, it looks like you have a wild deed. The only way this can be cured is for you to grab the wild deed back and claim it for yourself. That is the only remedy homeowners have, outside of BK to get clear title.

    Speaking of BK, if I were you, I would examine the documents the “lender” submitted in Proof of Claim. Who did they claim was your creditor? If it is anyone other than the fake trust, they are in a heap of trouble. I would make a huge deal about this and contact BK attorney and request that he reopen your BK. If the attorneys for “lender” submitted false documentation to the trustee and court, they could be found guilty of BK fraud and face $500k in fines and serious slam time. You could also report the attorney and the lender to the Federal prosecutor and demand they open a criminal investigation.

    Great work, FML. You’ve got your mojo back. Hit ‘em high, hit ‘em low. Make them pay for all the sleepless nights in this parade of horribles by holding their feet to the fire on every single law that applies to BK and lending you can find. Enough. You are honorable people, not chumps.

    Go get ‘em.

    17th November 2012 at 7:25 pm

  548. mary malone says:

    Another tidbit on Quiet Title. John Stuart, who wrote the workbook on QTA tells us that once a Quiet Title Action is filed, there can be no other legal action on the property.

    So, if you haven’t paid your mortgage and know the ax is about to fall, filing a Quiet Title Action will stop a foreclosure from occurring.

    This is consumer education and not legal advice. If you are considering Quiet Title Action, consult a local attorney who has experience in that area. They could provide you with far more guidance than moi.

    17th November 2012 at 7:38 pm

  549. Anonymous says:

    @FML I performed an online search too and could not find CWALT 2002-12 in the SECINFO.gov database. But I did find a hit from Bloomberg terminals. It appears the trust may have been a private deal. Private deals are not required to file reports with the SEC.

    So, I think you may need a securitization audit from Neil or Marie. Neil charges as little as $279, Marie $800-$1200.

    Neil turns the searches around in a week or two. Marie requires at least 20 days.

    Marie is incredibly thorough and precise and has a terrific reputation that often scares the banks or entities away. many of her clients get settlements on the eve of trial.

    Neil offers a several levels of securitization which cost less and can be just as effective.

    They are the only two auditors I trust.

    https://github.com/alphaHeavy/bloomberg_symbols/blob/master/Mtge_Prvt_CMO_Z

    CWALT 2002-12 A8|CWALT 2002-12 A8|SPS|14972270946528|MG!!008CKF|Prvt CMO Z|Mtge|BBG000663700||46707|||||//blp/mktdata/bsym/SPS/CWALT 2002-12 A8|//blp/mktdata/buid/SPS/MG!!008CKF|//blp/mktdata/bsid/14972270946528

    17th November 2012 at 8:38 pm

  550. mary malone says:

    Geeze, Louise. That was me again. Sorry.

    17th November 2012 at 8:39 pm

  551. Mia says:

    Just starting process… thank you so much for this page and info !!!

    18th November 2012 at 11:42 am

  552. FML says:

    Mary… thank you again for all your input. I am definately going to take your advise and will be ordering both the work book and securitized audit. I will also look into the BK issue as well.

    I also read your comment about what your search revealed. I was wondering IF the trust is a private securitization, do they also follow the same trust rules for cut off dates? Does a private securitization allow them to transfer from one trust to another? Are the rules for a private securitization essentially the same as a public trust with the exception of having to report to the SEC?

    Again thank you for your time.

    18th November 2012 at 12:47 pm

  553. Michelle says:

    I am wondering if you have had any people complaining about the National Mortgage Settlement that the 49 states entered into last March (2012). Part of the settlement requires the banks to refinance the loan (similar to HARP 2.0, but for those of us who don’t have Fannie or Freddie loans) if you meet certain criteria (loan has to be “Serviced and Owned” by the bank, you have to be current on payments, haven’t been refinanced or loan mod before, upside down, ect) I felt I met all the requirements and called to inquire about it. I was told that Chase services my loan but they don’t own it. This was news to me. They said that BOA owns it. I ran a title search and only the original loan docs and deed of trust are recorded with the county recorder. The loan was originally done by Washington Mutual who was taken over by Chase but the original docs filed by Washington Mutual are the only ones recorded. I have sent 3 QWRs demanding proof of who owns my loan starting in July and only got an acknowledgement letter on the second QWR but no other letters from them giving me any information about who owns my loan. I believe that they are not taking ownership of my loan because they are intentionally trying to avoid refinancing me under the National Mortgage Settlement which requires them to do so. I am at the point of filing a complaint against them in Federal court for their failure to respond to my QWRs and hoping this will force them to give me the information I have asked for and make them pay the penalties for failing to respond. I know that this National Mortgage Settlement is fairly new but do you know if this is a trend with the banks in an attempt to avoid complying with the settlement? Am I on the right track here? Any advice would be greatly appreciated. Thanks.

    18th November 2012 at 7:42 pm

  554. Michelle says:

    I am wondering if you have had any people complaining about the National Mortgage Settlement that the 49 states entered into last March (2012). Part of the settlement requires the banks to refinance the loan (similar to HARP 2.0, but for those of us who don’t have Fannie or Freddie loans) if you meet certain criteria (loan has to be “Serviced and Owned” by the bank, you have to be current on payments, haven’t been refinanced or loan mod before, upside down, ect) I felt I met all the requirements and called to inquire about it. I was told that Chase services my loan but they don’t own it. This was news to me. They said that BOA owns it. I ran a title search and only the original loan docs and deed of trust are recorded with the county recorder. The loan was originally done by Washington Mutual who was taken over by Chase but the original docs filed by Washington Mutual are the only ones recorded. I have sent 3 QWRs demanding proof of who owns my loan starting in July and only got an acknowledgement letter on the second QWR but no other letters from them giving me any information about who owns my loan. I believe that they are not taking ownership of my loan because they are intentionally trying to avoid refinancing me under the National Mortgage Settlement which requires them to do so. I am at the point of filing a complaint against them in Federal court for their failure to respond to my QWRs and hoping this will force them to give me the information I have asked for and make them pay the penalties for failing to respond. I know that this National Mortgage Settlement is fairly new but do you know if this is a trend with the banks in an attempt to avoid complying with the settlement? Am I on the right track here? Any advice would be greatly appreciated. Thank you

    18th November 2012 at 7:45 pm

  555. Mary Malone says:

    @FML “IF the trust is a private securitization, do they also follow the same trust rules for cut off dates?”
    MM: Yes

    FML: “Does a private securitization allow them to transfer from one trust to another?”
    MM: No, once a mortgage is placed in an alleged trust, that mortgage stays put until it is paid off by the homeowner, or the property is sold and paid off by a purchase mortgage. Mortgages never move from one trust to another. They are locked down and all paperwork regarding the transaction must be inserted into the trust within 90 days of origination. No exceptions. Otherwise, they would break the IRS laws governing REMICS and pay enormous taxes.

    FML: Are the rules for a private securitization essentially the same as a public trust with the exception of having to report to the SEC?
    MM: Yes. the only real difference between private and public is – private deals have fewer investors. I think the number is 25 or less. So, they are not obligated to file reports with the SEC. Other than that, they are pretty much the same as public deals.

    Glad the info is helpful. Please hop back on once you have the response to the QWR. I’m really looking forward to hearing what they have to say!

    18th November 2012 at 7:56 pm

  556. Mary Malone says:

    @Michelle You ask a number of very good questions, let’s see if we can take them one at a time.

    Michelle: ” I know that this National Mortgage Settlement is fairly new but do you know if this is a trend with the banks in an attempt to avoid complying with the settlement?”
    MM: Gee, I’m not really expert on the criteria for mods under this settlement. I think each state has it’s own program. In NJ, we have bubkas, cause the fat man doesn’t care about homeowners. He took the $300m NJ got in the settlement and promptly deposited it into the general operating fund. No programs that provide relief to homeowners. Not one. Maybe you’re luckier than us. But there is always a trend of banks avoiding modifications. Sigh.

    Michelle: ” I was told that Chase services my loan but they don’t own it. This was news to me. They said that BOA owns it. I ran a title search and only the original loan docs and deed of trust are recorded with the county recorder. The loan was originally done by Washington Mutual who was taken over by Chase but the original docs filed by Washington Mutual are the only ones recorded.”
    MM: Very interesting. There wasn’t an Assignment of Mortgage recorded in the registry? If not, then there there is a genuine question as to the identity of the real party in interest. Please keep in mind that WAMU was sold to Chase, but WAMU loans were NOT part of the purchase. The WAMU mortgages were off balance sheet. There is a post on this strand to testimony from JPM Chase exec to that effect. Since WAMU is kaput and their loans were not sold to Chase, who “owns” your note? Very legitimate question. Here’s what I suggest as next step:
    -Securitization audit with either Neil or Marie
    Let’s see what fake trust your mortgage is allegedly in. Once we have that info, you will be provided with the entities that were in your deal, along with the cut-off date. You will be able to match your closing date to the cut-off date and have the identities of the parties who should have created and recorded Assignments of Mortgage and endorsements on your note. If you find there are gaps in the chain of title, then you have clouded title. Attorneys tell us the only remedy for that is Quiet Title Action.

    Michelle: “I have sent 3 QWRs demanding proof of who owns my loan starting in July and only got an acknowledgement letter on the second QWR but no other letters from them giving me any information about who owns my loan.”
    MM: If Chase failed to answer your QWR in the required time-frame (5/25 days) then they are in breach and you can sue them. We have an attorney in NJ who just filed 5 lawsuits against servicers for that reason. If the homeowner wins, they get $2000 plus attorney fees. What state are you in?

    Lots here. Hope it was helpful.

    18th November 2012 at 8:25 pm

  557. Don Day says:

    Michelle and Mary, I will go through my stuff here on The National Settlement Act, it is a FARCE, and the banks are skating around it with impunity. I will find the link to it and if you even think they are in breach of it, send a compliant to the OCC. For each breech they may be fined up to 1 million. enough people complain maybe the OCC will see a chance to make more money and actually start enforcing it.

    18th November 2012 at 11:20 pm

  558. Don Day says:

    Ok, I have my information on the Federal Mortgage Settlement Act here. There are several provisons dealing directly with Loan Modifications (which we all know are bs anyway) but you may be able to use to your advantage.
    First let’s talk about the “Single Point Of Contact” Provision. I am going to quote the language of the provision here that I find violations of…If they happen here they are most likely widespread. In oreder to check your state google “national mortgage settlement act (state)”

    ” 1. Servicer shall establish an easily accessible and reliable single point of contact (“SPOC”) for each potentially-eligible first lein mortgage borrower so that the borrower has access loan employee of Servicer throughout the loss mitigation, loan modification and foreclosure processes.”
    DD: Important words here are “easily accessible and reliable”…noting these perople do is easily accessible and reliable for us, the borrowers. If you attempt to contact make sure you log each “attempt” citing date, time and mode of attempted contact as well as results.
    Another very important word here is “employee”. If you are assigned an someone have them verify, and get it on the record if they are “an employee of your servicer”. Most are actually employees of a contractor NOT the SERVICER. In mine, I dealt with an employee of Stewart Title Company doing business as “Bank of America Home Loans” as a contracted debt collector from February through September. When I found out and submitted a complaint to my State Banking Commission and the OCC this changed real quick.
    Also make note of the phases this person is supposed to be assigned to you as listed above. If you are involved in “loss mitigation or foreclosure” instead of loan modification you are also supposed to have a qualified SPOC under this paragraph. Paragraph 2 also includes those in bankruptcy proceedings. Find a violation here then report it to the OCC and cc your Banking Commission.

    “3. The SPOC shall have rpimary responsibility for:
    a. Communicating the options available to the borrower, the actions the borrower must take to be considered for these options, and the status of Servicer’s evaluation of the borrower for these options”….
    DD If you receive something from any other source within the servicer’s domain or from a contractor this is a violation. In my case I had received communications from the above mentioned contractor as well as from 14 different facilities operated by Bank of America or it’s contractor. Some were stamped with the Name of the assigned “account manager” but came from different facilities. This is a violation, report it
    “b. Coordinating receipt of all documents associated with loan modification or loss mitigation activities;”
    DD: This is usually violated by receiving requests for documents from different facilities. Check the address where the request came from and where the documents are going to. In my case, I was receiving requests for documents from 3 different facilities, Houston Tx, Fort Worth Tx and Cary NC. I didn’t realize it until after I had been turned down for my initial request due to “Note receiving the requested documents” and then, after applying under the new program before foreclosure notice was served, being called and told that the account manager did not receive the requested documents. When I quoted her the FEDEX number and the date they were recieved is when I found out they went to a different facility. She is in Ft Worth and the documents went to Cary NC. AND THEN WERE LOST OR MISPLACED!!

    There are other paragraphs in this section that deal with what the SPOC is supposed to do for the Borrower and what the Servicer is supposed to do with the State AG’s. I highly advise you to get a copy of it and refer to it by paragraph number when communicating with the servicer. DEMAND that a SPOC be provided no matter which process you are in or what phase you are in. If there are any perceived violations send a complaint to the OCC IMMEDIATELY. This gets their attention because each seperate violation carries a potential 1 million dollar fine.

    The following posts will get into the Loss mitigation Communications and the biggy…Prohibition against dual tracking provision, Loss Mitigation/Loan Modification while pursuing Foreclosure actions. This is interesting and is being violated in one method or another by all servicers out there, but also needs to be changed by the AG’s to put more teeth into it.

    19th November 2012 at 2:25 pm

  559. Don Day says:

    Federal Mortgage Settlement Act Section D outlines “Loss mitigation communications with Borrowers”
    Paragraph 1 has something I just noticed and will be bringing up in my next communication with the OCC. “…..Servicer shall conduct affirmative outreach efforts to inform deliquesnt second lien borrowrers (other than those in bankruptcy) about the availability of payment reduction options….”
    DD: The usual line of BS here is “We will look at the second lien after you have an approved modification on the first mortgage.” I have gotten this line everytime I have brought up the second mortgage status, including today.

    Paragraph 2: “Servicer shall disclose and provide accurate information to borrowers relating to the qualification process and eligibility factors for loss mitigation programs”
    DD: On October 27th I was told that I did not qualify under this program because I had a GSE loan. This is recorded. After my foreclosure hearing (another story and a farce from the word go) on Oct 30th I was again told I did not meet the criteria for this program due to being in a GSE loan. On the same day A letter was sent from the servicer congradulating me for meeting the criteria under this program on a trial loan modification period. THIS NOTICE WAS SENT FROM SIMI VALLEY CA AND HAD THE SIGNATURE BLOCK OF MY SPOC (who is in Norfolk Va) ON IT.

    Paragraph 4: “Servicer shall cease all collection efforts while the borrower
    (i) is making timely payments under a trial loan modification or
    (ii) has submitted a complete loan modificationapplication, and a modification decision is pending. …”
    DD: Here is where they attempt to get around this by saying the “Holder” is the one foreclosing not them. This is a grey area but shoudl it happen add it to your complaint to the OCC.

    Apragraph 5 and 6 contain some other information that may or may not [ertain to your individual case. Again I highly reccomend getting a copy and looking it over. Anything that is the slightest bit out of line should be reported.

    19th November 2012 at 3:55 pm

  560. Robert Coleman says:

    Mary, after reading your earlier post about QWR from Lee I am certain that is the responce I will get. You mentioned Quiet Title but I am in bankrutcy chapter13. Son that should be considered paid up. Would this be a good thing to check out too?
    Thanks again. Oh and by the way my bankruptcy attorney actually sent me paperwork about challenging the lender’s debt figures. He is wrong on the amounts but at least he is doing something and we sent him a copy of the QWR.

    19th November 2012 at 5:31 pm

  561. Don Day says:

    Ok, I have saved the best for last. The Federal Mortgage Settlement Act has an actual PROHIBITION AGAINST DUAL TRACKING included in it. This is a prohibition against simultaneous loss mitigation and foreclosure actions. Sound good right?? Not so fast. There are 14 paragraphs in this section, of those only 2 mention actual foreclosure judgements. All others are prohibitions against foreclosure sales. Lets look at those two first.
    Paragraph 1: “If a borrower has not already been referred to foreclosure, Servicer shall not transfer an eligible borrower’s account to fireclosure while the borrower’s complete application for any loan modification program is pending if servicer received (a) A COMPLETE LOAN MODIFICATION APPLICATION NO LATER THAN DAY 120 OF DELINQUENCY, or (b) A SUBSTANTIALLY COMPLETE LOAN MODIFICATION APPLICATION (MISSING ONLY ANY REQUIRED HARDSHIP DOCUMENTATION OF HARDSHIP) NO LATER THAN DAY 120 OF DELEQUENCY AND SERVICER RECEIVES ANY REQUIRED HARDSHIP DOCUMENTATION NO LATER THAN DAY 130 OF DELIQUENCY. Servicer shall not make a referral to foreclosure of an eligible borrower who so provided an application until:
    a. Servicer determines (after automatic review ) that borrower is not eligible for a loan modification, or
    b. If borrower does not accept an offered foreclosure prevention alternative within 14 days of the evaluation notice, the earlier of (i) such 14 days, or (ii) borrower’s decline of the foreclosure prevention offer.
    DD: This paragraph shows why it is emmensely important to hold the servicer to the SPOC provisions of this Act. If you have failed to provide (or they have failed to receive and keep) the documents required for a loan modification you fail to meet this section of the ACT and they can seek judgement against you. The time line, in this instance will be strictly adhered to by the seriver as, you usually are not even contacted about a loan modification until you are 60-90 days deliquent, which means you have just 30-60 days to get a completed application packet in and put into your file and another 10 days after that to get any other required documentation to them. HINT it will take at least a week to get this notice from the Servicer.*** So, as you can see this provision will do the consumers very little if any good at all. But for those just now entering the process this could be golden.

    Paragraph 2 outlines when they can proceed to foreclosure IF you have met the conditions of p.1 and been accepted into a program. Not going to go into it here for brevities sake.

    Paragraph 4: ” If, after an eligible borrower has been referred to foreclosure, the servicer receives a complete application from the borrower within 30 days after the Post referral to foreclosure Solicitation Letter, then while such loan modification application is pending, servicer shall not move to foreclosure judgement or order of sale (or if a motion has been filed shall take all resonable steps to avoid a ruling on such a motion), or seek a foreclosure sale. IF THE SERVICER OFFERS THE BORROWER A LOAN MODIFICATION, SERVICER SHALL NOT MOVE FOR JUDGEMENT OR ORDER OF SALE ….”

    DD: Here is how BANA tried to get around this one. In my calls to them they insisted they had “no information of my loan being in foreclosure” and then shifted it to say “we have no information on a foreclosure sale date”…even though I was being considered for a loan modification prior to the “Holder” filing the motion for foreclosure. I am still arguing this point with them and preparing a 3rd complaint to the OCC regarding this matter. All other provisions here against dual tracking involves the foreclosure sale only. IMHO here, they him and haw around to get the judgement without appearing to violate the terms of the Act and then think they have you over a barrell by putting off, not cancelling the foreclosure sale date.

    Again, I’m not an attorney, and even have to educate my attorney on some of these matters. I storngly suggest you searching and dowloading the Act it’s self and if anything jumps out at you, file the compalint. If enough complaints are filed with the OCC sooner or later they will take notice and pay more than lip service to this issue.

    I will be watching and welcome any comments or questions, if I can’t answer them I’m sure Mary or someone else can.

    19th November 2012 at 6:18 pm

  562. Mary Malone says:

    @Robert Coleman “QWR – Would this be a good thing to check out too?”

    MM: Yes, it can most definitely be sent to the servicer while you are in Chapter 13. The only catch is the QWR must be sent on your attorney’s letterhead. Now, often times the servicer does not communicate with the creditor’s attorney, so you never know what they will send back. If possible, do not cc the creditor’s attorney if your attorney thinks yo can get away with that.

    Yes, I would send the QWR to Freedom Mortgage CEO in NJ, certified mail, return receipt requested. You may want to cc: MN AG, OCC, and the state court clerk where the foreclosure lawsuit was filed. Attorneys tell us this is a paper chase and often the party who produces the most paper into the court record wins.

    Gee, I thought you were onboard with talking to Max Gardner attorney and sending the QWR, along with checking out all the look-ups. Have you changed your mind?

    19th November 2012 at 6:46 pm

  563. Mary Malone says:

    @Don Thanks, I’m sure a number of people will appreciate your crib sheet on National Mortgage Settlement.

    19th November 2012 at 6:49 pm

  564. Robert Coleman says:

    I have a couple other quick thoughts Mary. I checked the Fannie Mae site you have a link to, and I do have a Fannie Mae backed loan. So why am I forced to pay another $180. per month for PMI?
    So it is no wonder why lenders don’t do loan mods. They can potentially get paid three tiimes. 1st from Fannie Mae,2nd the PMI, and 3rd the foreclosure. Plus they could potentially if they were a real ass go after the borrower.
    I also wondered about your QWR template. I see there are much more detailed ones online. Asking for more paper work. I am certain that robo signing took place on my mortgage paper work. Should I be looking for more paper work to prove my case?

    20th November 2012 at 1:06 pm

  565. Mary Malone says:

    @Robert
    Yes, the system is rigged so the bad actors get paid multiple times.

    Regarding the QWR, we created a template that limits the number of questions, because longer versions did not get a response. The goal is to acquire evidence that can be submitted in your case to a judge. If you don’t get an answer, what good is it?

    Our version is the only one that features the demand for evidence of mortgage funding under the USA PATRIOT Act.

    We’re

    20th November 2012 at 2:09 pm

  566. Robert Coleman says:

    missed the end of your last comment. We did contact him but he is less then enthusiastic at this point. He is willing to look at our paperwork but was unclear what he wanted to look at. Do you have a suggestion as to what to send him. Remember we are paying chapter 13 bankruptcy now. We questioned the whole foreclosure numbers but true to form our bankruptcy attorney can’t get the numbers right even though we have given him them at least three times.I should tell you also he is doing this on his own after he was berated by me and the wife.

    20th November 2012 at 2:18 pm

  567. Don Day says:

    @ Everyone. I know that this is a very bad time of year for going through this stuff……and believe me I am going through it right beside you. During all the research and letters we need to take a breath, look around and remember there is always two things these scumbags can’t take from us…Our self respect and our loved ones. SO when it’s gets you down, like I have been here lately, do what I just did…look at your loved one and say ‘HEY WANNA MOVE?” LOL…..
    Anyway, Here’s hoping you all have a very Happy Thanksgiving!!!

    20th November 2012 at 9:39 pm

  568. Mary Malone says:

    @Robert So sorry about the abbreviated answer to your comment. I was at work using my Droid and the hit the darn submit button too soon.

    As I was saying….

    The new and improved QWR has several features that other versions don’t. We cite the USA PATRIOT Act and I gotta tell ya, the responses are flying in like greased lightening. Used to wait at least 25 days, or on occasion, the 12th of never for a response. With this QWR version, homeowners tell us they are getting responses with attached documents in 5 days. Amazing. We think they are terrified of being found in breach of USA PATRIOT Act, so they are responding toot sweet.

    So, I’m probably biased, but I think our QWR rocks.

    With regards to the attorney, what they can do, what you should send….

    I strongly suggest you gather evidence first to uncover the identity of your “lender” by:
    -Sending the QWR
    -Joining Antiforeclosure network (www.afnetwork.org) to learn how to defend your property
    -Mailing the debt validation letter which is on the afnetowrk.com website
    -Obtaining the docs submitted in POC
    -Go to the county registry and copy your mortgage, note, assignments, lis pendens

    Wait for the QWR response. See what they send you.

    It’s easy to get overwhelmed by it all, that’s why we recommend starting in small steps, keeping all the evidence you uncover organized in binders and processing it in chunks.

    How does that sound?

    20th November 2012 at 10:18 pm

  569. Mary Malone says:

    @Don You are so right. It’s so easy to become overwhelmed and stressed – especially this time of year.

    Never let these bastards get you down. They have done enough damage. Now’s the time turn the tables and use the law – every single one – to take back your property.

    You think the people who stole $11 trillion pension money and $7 trillion from homeowners are letting us ruin their day? Hell no.

    Americans are resilient. You can do this. Just pick yourself up, dust yourself off and go to war.

    Try to laugh and love along the way…

    Happy Thanksgiving!!

    20th November 2012 at 10:24 pm

  570. Lee_in_NJ says:

    I believe this loan was securitized because the answer to my QWR did state that my loan’s investor was Fannie. So that much is clear but when I asked who lender is they just ignored it. I am leaning to having a forensic audit done but to justify the $1000 cost Id like to know what I would gain? Exactly what will this buy me in terms of evidence? Im sure that its in my best interest to be on the offense and I will need the proper documentation to bring the Quiet Title Action. Mary, have you done any research into the success rate of homeowners bringing a Quiet Title Action against servicers aka “pretenders” in the judicial system here in NJ? Oh BTW, did you happen to receive my contact email from the admin?

    20th November 2012 at 10:32 pm

  571. Mary Malone says:

    @Lee in NJ So the QWR response gave you Fannie as the investor?

    As you know, Fannie did not lend you, or any other homeowner one thin dime. Your alleged mortgage is in a purported trust.

    So, job #1 is to find the name of the trust.

    You may want to send a 2nd request in the QWR and demand the name of the trust, along with the CUSIP number. Try using the new and improved QWR that cites the USA PATRIOT Act.

    Did you say there were no Assignments of Mortgage recorded in the Bergen County Registry? That’s where the trust names usually are revealed. Keep in mind that if Fannie has you in the foreclosure bucket, their 11,000 page guidelines require the servicer record an Assignment in the registry. You may want to check the registry again and see if anything new has popped up.

    Also, your mortgage was on the MERS registry, wasn’t it? Send Tiffany at MERS an email and request the MERS Milestone Report. The contact info is on the strand.

    Also, are you in contact with your servicer? You may want to call, and ask them for the name of the trust. We’ve spoken to homeowners who have gotten the trust name this way.

    In terms of securitization searches and audits, I would only work with Neil Garfield or Marie McDonnell. Their contact info and pricing is also on the strand. Neil has a basic find your trust service for $279. If he provides you with the name of the trust, and it’s a public deal, I’ll help you locate and interpret the Pool Servicing Agreement.

    In terms of Quiet Title, we have 7 homeowners who are filing this week. This is very new, so we do not have a track record yet. Kinda blazing new trails in NJ. But we’ve spoken with homeowners in PA and CA who have filed QT by using the John Stuart template and have won.

    I’d love to meet with you and chat more. Admin is on a cruise with Avalon, having the time of his life (I hope). I’m sure he’ll forward your contact info to me as soon as he’s back online.

    Lots here to keep you busy for awhile…

    20th November 2012 at 11:00 pm

  572. Roger Sharp says:

    Backgroud: I orginally bought my home in 2/2000. Since then I have had 4 mortgages with different companies. Even though I have only closed 4 mortgages I have had a number of servicers. The last 5 servicers all used MERS. The last Mortgage was closed in my house 2/2005 by an intermediary (?) for Taylor, Beane & Whitaker. TBW went under. My loan was then sent to Bank of America without providing me any choice to choose another servicer. TBW documents show MERS was assigned title. But TBW did record at the Court House. It is the only business of all the ones I have dealt with to record the mortgage at the Court House. Bank of America has done nothing but take the monthly payments.
    Questions: Would you please provide me with the name of the person and their address at the Bank of America where the QWR needs to be sent? Also Bank of America has in the MERS MIN report 2 listings both marked “Inactive”. But on both Ginnie Mae is shown as Investor. How if any way does Ginnie Mae fit into this situation. From my very limited knowledge it appears they have bundled my mortgage which has now been owned by numerous individuals or companies. I would assume then it would be impossibe to know who actually owns my mortgage. Could you please enlighten me somewhat on that situation?

    21st November 2012 at 2:57 pm

  573. Lee_in_NJ says:

    Thanks Mary for those recommendations. I am hesitant to file a Pro Se action and would like to find a well versed attorney that could represent me. I am guessing that your suggestion to work with Neil or Marie is to lighten the work and billable hours for the attorney that I hire? Just unclear as to why I would work with a separate firm for the audit. You mentioned earlier that you had a couple NJ attorney names that you felt were knowledgeable enough in this area of law that may be worth considering. Who were they? I want to get the Quiet Title action filed ASAP even if the initial steps have to be done myself. Are you located down the shore Mary?

    21st November 2012 at 3:24 pm

  574. Susan says:

    HAPPY THANKSGIVING to MM and all!

    22nd November 2012 at 2:25 am

  575. FML says:

    Mary…..Wishing you and yours a very happy Thanksgiving!

    22nd November 2012 at 7:07 am

  576. Novista says:

    MM

    For all your good work, I wish you a festive holiday.

    22nd November 2012 at 7:42 am

  577. Nat says:

    I feel an urgency to get this out, and I know it is because I am on the right track finally. I went to Financial Screen Shots – got the link from http://www.stopforeclosurefraud.com. I ordered the Loan Search Within 2 days I got back the info showing my loan was securitized.

    I order the full package of all My documents and it contained everything! I have absolute evidence my mortgage note was sold in 2008. I stopped paying 2011 and I am being foreclosed by Bank of America. My lawyer says they have absolutely NO STANDING and he plans to sue the lawyers bringing the case into court. I finally have BOFA in a lie! Anyway, felt such a need to express myself. Good luck everyone.

    22nd November 2012 at 1:45 pm

  578. mary malone says:

    @Novista, Susan, FML, Don and all other members of our intrepid gang:
    Thank you for the kind Thanksgiving wishes.

    Mr. Malone and I took a break and played tourist in NYC. We stayed at a lovely hotel near the UN, traveled up to CPW to watch the balloons be inflated and were one of 3.5 million people who squeezed into NYC canyons to watch the parade live.

    We visited St. Patrick’s Cathedral, where we lit a candle and offered a prayer for all of you. We asked our Lord to watch over you and all homeowners who are fighting to preserve America’s property rights. We asked Him to give you the strength, and wisdom to make wise decisions and to comfort you when the battle seems to much to bear. May God watch over each and every one of you on this journey and to give you the courage to demand the restoration of the rule of law.

    Happy Thanksgiving!

    23rd November 2012 at 11:41 am

  579. mary malone says:

    @Roger Sharp Questions: Would you please provide me with the name of the person and their address at the Bank of America where the QWR needs to be sent?
    MM: Bank of America has many offices. I suggest you contact BOA customer service, tell them you are mailing a QWR and want the mailing address for Brian Moynihan (CEO), and the department that handles the requests.

    It’s important to note that your last mortgage, which lists Taylor Bean and Whitacker(sp?) as your lender may have multiple issues. TBW demise was very dramatic and messy. In fact, the senior execs at TBW have the dubious distinction of being the only high profile execs to be prosecuted for mortgage fraud. That’s because they had the temerity to steal TARP money. They are the only execs convicted and serving slam time.

    In this chaotic environment, it is entirely possible that TBW never “sold” your mortgage to another party. There may be multiple issues with regards to title that should be examined.

    Your current servicer on the TBW mortgage is BOA, correct? Your look-ups appear to confirm that the TBW mortgage was insured by Ginnie Mae. Please keep in mind that Ginnie Mae never loaned you, or anyone else, one thin dime. Ginnie insured the alleged mortgage. As a result, they cannot foreclose on you. But that will not stop them from trying. If you are in default, then Ginnie ‘s 11,000 pages of rules kick in that require your servicer, BOA to foreclose. The fact that BOA never lent you any money, or extended credits to you will not stop them from pretending they did.

    It is very important that you understand your adversary in the battle to clear title on your home is an agent of the Federal Government – completely funded by the American taxpayer.

    Hopefully the QWR answer will provide you with the name of the trust insured by Ginnie Mae. Then, we could look-up the trust on the Ginnie mae website and http://www.secinfo.gov to find the Pool Servicing Agreement that governs said trust.

    But Ginnie, Fannie and Freddie do not want homeowners to kniw that they are only insurers and that a bogus trust is the real “lender.” So these tax-payer funded agencies spend all their time hiding the info from the homeowner. Be prepared to spend a great deal of time and some money in the quest to find the trust.

    After you send the QWR to BOA, I suggest you investigate other sources for clues:
    -Start with last alleged mortgage that lists TBW as the lender
    -Go to the county registry and pull the mortgage/DOT, any Assignments of Mortgage and Satisfaction of Mortgages
    -Analyze these docs for robo-signers, violations of NY Security law that are outlined on this strand

    Once you have the QWR response and more info, hop back onto the site and we’ll coach you from there.

    Good luck to you and please keep in touch

    23rd November 2012 at 12:04 pm

  580. mary malone says:

    @Lee_in_NJ I’ll be glad to give you the contact info for the two NJ attorneys when we have one anothers contact info.

    In the meantime, please note that attorneys are not in the business of investigating the elements of their clients alleged mortgage transactions. They know the law, the fraud, not so much.

    That is why it is imperative for homeowners to do the legwork by conducting the MERS, Fannie, Freddie look-ups and capturing the results for inclusion in future legal documents the attorney will write on your behalf.

    It is why we recommend that homeowners have a securitization audit of their mortgage transaction conducted by Marie or Neil, if they are unable to find the name of the trust in all of their searches. Or, if they find the name of the trust but cannot find evidence the mortgage was ever legally placed in the trust. Neil and Marie’s audits are evidence that can be submitted to court in a contesting foreclosure answer, Quiet Title Action, or lawsuit against fake lender.

    Please keep in mind that Fannie and Freddie insure individual mortgages. So it is not a given that your alleged mortgage is securitized if Fannie and/or Freddie come up in the search. Ginnie Mae, does however, ONLY insure mortgages that are purportedly securitized. So if it is revealed that Ginnie Mae has insured a mortgage, then it is a given that that mortgage is in a trust.

    Does that help clarify?

    23rd November 2012 at 12:15 pm

  581. Mary Malone says:

    Action Item:

    Top execs form DOCX plead guilty to mail and wire fraud. This is the company that manufactured “original” Notes, Assignments and DOT for a fee. These docs recreated a bogus chain of title that was used to illegally foreclose on millions of homeowners.

    Please make copies of the plea agreement and send it to:
    -State Attorney General
    -State Judges
    -Federal Prosecutor for your district
    -Local DA
    -Local Sheriff
    -County Registrar of Deeds
    -Federal Bankruptcy Trustee and Judges for your District

    Here’s a link to the plea agreement and next steps:
    http://4closurefraud.org/2012/11/23/action-alert-for-citizen-warriors-what-could-foreclosure-fighters-do-now-after-the-criminal-guilty-pleas/

    23rd November 2012 at 12:46 pm

  582. Mary Malone says:

    When you find evidence that your alleged mortgage never made it into the fake trust, be sure to report this to the IRS.

    These trusts were created as REMIC’s and were obligated to follow very stringent IRS guidelines. Of course, they didn’t do that either.

    Here’s a link to how the fake secritization process impacted REMIC statuts:
    http://newsandinsight.thomsonreuters.com/New_York/Insight/2012/09_-_September/Wall_Street_Rules_Applied_to_REMIC_Classification/

    23rd November 2012 at 1:16 pm

  583. Mary Malone says:

    Neil Garfield’s strategy, Deny and Discover is taking hold. This RI decision finds for homeowners because they argued their alleged mortgage was paid off and not in default.

    The “lender” never presented evidence to contradict this allegation – and they lost their motion to dismiss. The court ordered a trial, where the “lender” Fannie Mae, will be required to present evidence that they extended credits to the homeowner and that a debt exists.

    Good luck with that, since Fannie, Freddie and Ginnie never loaned this, or any other homeowner one thin dime.

    You can read the decision here –
    http://stopforeclosurefraud.com/2012/11/23/smith-vs-mers-countrywide-fannie-mae-nh-superior-court-denies-because-the-absence-of-default-note-is-current-or-has-been-satisfied/

    23rd November 2012 at 1:32 pm

  584. randy says:

    Now we’re all part of the FSA…

    Every single person, occupying and piece of real estate that has any type of mortgage, strike that, ANY type of paper or electronic debt attatched to it…Is living off the avails of goverment intervention,ZIRP, and government bailout designed to prop up the current system….

    Freddie, Fannie, FHA, and the FDIC are all bankrupt agencies of the FEDeral government, dependant on the deficit spending of said federal government…

    So all you home owners, and business owners, who have any debt, welcome to the food stamp line…We won’t judge you, as you judged us, when we needed government and law to attain our government entitlements…You see…Your property rights are not god given, they are government entitlements…

    If these agencies act as they have the right to act, as government agencies, they can “put back” these mortgages to the originators…But that would cause the bankruptcies of all of the big banks, then the bankrupcies of all of the counterparties, then a systemic crash of the system…

    No polititian is going to take that chance…Neither republican or democratic…The system continues, as they continue to change the rules…then they change the educational system to reflect the new pardigm.

    That only serfs have to labour for money, and only serfs have no choice but to pay their debt…

    Honestly…If people can use the law to get out of the mortgage on their property, then what really is that property worth, on a free, unmanipulated market?

    I mean there are a huge amount of empty houses, why would’nt some aspiring lawer charge a fee to get “free” houses from the shadow inventory of homes that are, say. more than 6 months in mortgage arears, yet unforeclosed upon? Would squaters, home owners who are not paying the underwater mortgage finally be kicked out by speculators and lawyers?

    And who would underwrite that mortgage?

    This screw up boggles the mind…

    23rd November 2012 at 1:41 pm

  585. Mary Malone says:

    Lynn Szymoniak and Lisa Epstein, two warriors for homeowners complied a list of cases where fake trusts were dismissed or impeded from claiming the property in a bankruptcy.

    This is a very thorough list and can benefit all homeowners who discover their alleged mortgage is in a purported trust. I downloaded all three files and have saved them on my desktop. Excellent reference that can be used in pro se efforts.

    http://4closurefraud.org/2012/11/19/foreclosure-research-case-compilation-of-standing-issues-where-trusts-were-not-able-to-foreclose-or-proceed-in-bankruptcy/

    23rd November 2012 at 1:52 pm

  586. Leah Dean TX says:

    What I am about to say will probably not shock any of you but now I am at my final stages and have no attorney to help me or back me up. I have been fighting foreclosure on my home since July of 2010 when I first tried for a loan Modification with Bank of America. This is where I learned about securitized mortgages and have been fighting with them every step of the way. I have followed all the steps of the “Qualified Written Request”, I get everything from Bank of America in writing when I can.
    Through out the stages of the Qualified Written Request and attempts for a loan modification, I found out that The Bank of New York Mellon was listed as the Investor for my loan and Bank of America was the servicer of the loan. I never heard of the Bank of New York Mellon so this lead me to go to the SEC and type in CWABS 2007-2 and locate my loan. Then I confronted Bank of America to provide me with a blue ink copy of the promissory note. I have my copy from when I closed on the home and received a copy from Bank of America Nov 2011 which looked exactly like the one I had from 2007 but it was only a copy. They refused to provide the “blue ink” copy as they need it for their records. I again requested them to send it and this is when they got their attorneys involved and said I was going above and beyond the laws and regulations of a Qualified Written Request. Long story short, I wrote to the Bank of New York Mellon who told me they are NOT THE HOLDER OF THE NOTE, BANK OF NEW YORK MELLON IS NOT A INVESTOR,
    THE BANK OF NEW YORK MELLON DOES NOT HAVE ANY SAY IN LOAN MODIFICATIONS NOR DO THEY HAVE ANY SAY IN HOW THE SERVICER DISPOSES OF THE PROPERTY. MERS calls Bank of New York Mellon the investor, Bank of America and their attorneys for over 1-1/2 years have been writing me and stating Bank of New York Mellon owns the note and is the holder of the note. Nothing of what I am getting from Bank of America or their attorney’s is true accurate information. My loan is under CWABS 2007-2. The promissory note endorsed by the originator never made it to the pool before it closed in February 2007. But Bank of America is still attempting to foreclose on the home and they do not have legal standing to foreclose. If Bank of America is the Servicer of the Loan, The Bank of New York does not hold the note, where do I go from here?

    23rd November 2012 at 2:05 pm

  587. Mary Malone says:

    @Randy “Now we’re all part of the FSA…”

    I beg to differ…

    Homeowners who are investigating the identity of their true creditors are motivated to clear their title. And homeowners who have fallen behind, or are underwater just want to negotiate a better deal.

    Neither group is looking for a hand-out.

    Most of these homeowners purchased their properties with full doc loans. If it was a purchase mortgage they put money down. The people who took liar loans are long gone. They were really renters and were washed out of the system in 2006.

    Today, most homeowners have skin in the game. They paid for title insurance, and were not afforded clear title.

    They paid their “lenders” based on the information and belief they would have clear title to the property at the end of the schedule.

    They pay county, state, and federal taxes.

    Every step of the way, they have been screwed. The county government didn’t protect the land records and adapted MERS.

    The SEC, OCC all looked the other way when they knew these fake trusts were clouding title on 66 million homes.

    Congress, the DOJ, the Fed, the White House propped up FHFA with taxpayer money. Now, they are pushing the GSE’s to foreclose on properties knowing they have no real interest in the property.

    The homeowner is the tax payer. They pay property tax to support local schools and services. They pay federal mortgage insurance to support the capital markets. They pay income tax tax to prop up out of control federal government.

    They are the producers and they are getting creamed.

    It is clear the politicians at all levels of government are cowards and refuse to step in and protect our private property. So we are taking matters into our own hands, and following the letter and spirit of the law to take back our property, gain clear title and reboot the system.

    That is not FSA mentality. It is a growing movement comprised of the people who make this country work who to restore the rule of law.

    23rd November 2012 at 2:05 pm

  588. Mary Malone says:

    @Leah Dean
    Quick Facts about Texas foreclosure law (http://www.foreclosurelaw.org/Texas_Foreclosure_Law.htm)

    – Judicial Foreclosure Available: Yes

    – Non-Judicial Foreclosure Available: Yes

    – Primary Security Instruments: Deed of Trust, Mortgage

    – Timeline: Typically 60 days

    – Right of Redemption: No

    – Deficiency Judgments Allowed: Yes

    In Texas, lenders may foreclose on deeds of trusts or mortgages in default using either a judicial or non-judicial foreclosure process.

    Judicial Foreclosure

    The judicial process of foreclosure, which involves filing a lawsuit to obtain a court order to foreclose, is used when no power of sale is present in the mortgage or deed of trust. Generally, after the court declares a foreclosure, the property will be auctioned off to the highest bidder.

    Non-Judicial Foreclosure

    The non-judicial process of foreclosure is used when a power of sale clause exists in a mortgage or deed of trust. A “power of sale” clause is the clause in a deed of trust or mortgage, in which the borrower pre-authorizes the sale of property to pay off the balance on a loan in the event of the their default. In deeds of trust or mortgages where a power of sale exists, the power given to the lender to sell the property may be executed by the lender or their representative, typically referred to as the trustee. Regulations for this type of foreclosure process are outlined below in the “Power of Sale Foreclosure Guidelines”.

    Questions – What stage are you in and is it a judicial or non-judicial action?

    You have uncovered fantastic evidence – but it needs to be argued in the correct way according to Tx rules of civil procedure and state statutes.

    As a first step, I think you should join Anti-Foreclosure Network (www.afnetwork.org) and read every document on their site for members. Membership is as low as $35 – well worth the money. You will join a community of homeowners who are taking on the TBTF pro se in foreclosure and clear title actions.

    Additional steps may include the following actions – all mailed via certified mail, return receipt:
    -Letter to BOA attorneys demanding they affirm and attest there is no fraud in the transaction (template on the strand)
    -QWR marked with # of request, demanding to view the original note in their counsels office. They can and will do this for you. Also cite the USA PATRIOT Act (template on strand) demand the CUSIP along with full loan level accounting
    -Mail a debt validation letter to BOA (template on afnetwork.org)

    If you provide me with more detail we can strategize some more…

    Hang in there Leah. You are making strides. Now it’s time to get this action dismissed and go for Quiet Title Action.

    23rd November 2012 at 2:21 pm

  589. randy says:

    I don’t disagree with your premiss Mary…

    What I disagree with is the FSA judgementallity…

    Yes, those homeowners that have skin in the game, ie. real downpayments, have been burned the most…And I believe that they are due their pound of flesh…

    But, that pound of flesh will be paid for by taxpayers…Now just because some taxpayers have incomes so low, or by some technicallity of law, aren’t required to pay income tax, doesn’t mean that they don’t pay taxes…

    They pay a higher percentage of their income on sin taxes, on prepared food, and as renters, it is they who pay property taxes, on their residences…

    At the end of the day, Freddie, Fannie, the FDIC, FHA and AIG are all taxpayer supported agencies that are propping up yousr, and all homeowners, property rights….

    I would venture to assume that the cost of propping up the real estate system, the insurance system, the banking system, and monetary system of the entire planet costs more than what America spends in food stamps….

    So, in agreeing with your premiss, I have to point out that your property entitlement is not free, or god given…Its based on corporate welfare, technicallities, and the ability of being able to stay in your home and not already being forced out…

    That said, I support your fight, I believe its virtuous, and I believe the mortgage originators, and securitizers deserve it…

    23rd November 2012 at 2:42 pm

  590. Susan says:

    Just a comment on “liar loans”. I have in my possession a pre-filled application sent to me by a CountryWide employee in 2007. It claims that I am African American and make $150,000.00 a year. I was supposed to sign it and FedEx it back., which I did not do as it was way too far out. Just who were the liars?

    23rd November 2012 at 4:57 pm

  591. Novista says:

    MM, randy is a first-time visitor to this strand — and a troll.

    23rd November 2012 at 7:26 pm

  592. Mary Malone says:

    @Susan Just who were the liars?

    I agree.

    We’ll just ignore Randy in the hope that he goes away….per Novista’s advice.

    24th November 2012 at 12:28 am

  593. Maria L. says:

    Something that I have yet to hear anyone discuss on here is who funded your mortgage?? Not who did you contract with to “lend” you the money to buy your home, but who really “funded” it at closing?

    I used to work as a file clerk at a title company and I noticed that frequently the final HUD would list the name of the mortgage broker and the end lender, but when the wire transfer came in to fund the loan, it was a completely different entity that was not on the HUD anywhere.

    I never questioned it and figured it was probably just a subsidiary of the lender.

    But now I wonder – if the entity that actually funded your mortgage is NOT the lender you contracted with, but instead it is the trust, then doesn’t this void the loan?

    Just wonderin…

    24th November 2012 at 1:05 am

  594. Sean says:

    my original home loan (i have no heloc) was a VA loan that was then transferred to GMAC Mortgage, LLC . GMAC is now the servicer, as indicated on the MERS site. The house is underwater by ~$30K, and as of now not in default, but teetering on the edge. Are VA loan holders also able to pursue this chain of title / quiet title strategy?

    24th November 2012 at 1:56 am

  595. mary malone says:

    @Maria L. “Who really funded the loan?”

    Very good question.

    We talk about the roles of the parties in the alleged transaction here, but it’s a very good idea to summarize for everyone’s benefit. Your professional experience in noticing that the credits or money that funded loans came from a completely different source than the purported lenders/originators. This proves our point.

    The mortgages were actually funded by Institutional Investors – pension funds, insurance companies, towns in Norway. These orgs manage OUR pension money. When we buy a life insurance policy our monthly payments were invested in buying those mortgages which were allegedly bundled into pools and transformed into bonds.

    Today, the bond-holders are OUR pension funds (public and private), insurance companies (which hold our life insurance policies) and sovereign countries who trusted US with its savings to invest for their citizen’s future, and US states and cities who needed to earn income off tax monies so they could fund projects, employee retirements.

    People hear the term investors and they think its some fat cat on Wall Street who can take the hit. But WE are Wall Street in this situation.

    Mortgages were funded in the following way:
    –You pay union dues, or into a pension fund – Pension fund looks for AAA investment
    –Wall Street pretended to have mortgages in the MBS, which were the AAA investments
    –Instead, Wall Street took the investor money, dropped it into a warehouse lending account
    –These funds were co-mingled, so we will never know what specific investor funded what
    –Originators (Countrywide) pretended to lend the money – acting only as a clerk or agent
    –The mortgage application was assigned a CUSIP number and packaged into the MBS
    –Your credit score was sold to Global investors who bundled it into derivatives
    –When it came time to fund the loan, the monies were wired directly from warehouse lender to an the MBS Trustee’s account
    –They then sold your Promissory Note multiple times to multiple parties
    –The Note was separated from the mortgage, so the contract is a nullity
    –The mortgage debt was satisfied as soon as it went into the securitization/MERS maw

    Today, 66 million homeowners who believe they have a valid debt don’t.

    When the weight of this fraud finally collapses the system, we will be left with the following:
    -Clouded title, unmarketable properties
    -No pension
    -No life insurance payout to secure our futures

    On top of it all, they are sticking the US taxpayer with all the debt.

    The end game is very clear to me. I know how these people think. I have worked around them all my life. They are sociopaths and completely evil.

    They will file for Chapter 15 bankruptcy, so all their cronies will be at the front of the line when the bank holiday is called.

    The FDIC does not have enough money to cover all the deposits, so YOU will lose ALL your money (401ks, IRS, MM, CD’s, savings). There is currently $11 trillion on deposit and the FDIC only has $11 billion. You do the math

    The criminals will never, ever face prosecution. They will flee on their private jets to destinations paid off by the US government to protect them.

    The Federal government will take over (this is what the Feds’s MBS buying spree is all about) EVERY mortgage in the US.

    Homeowners will now pay the Feds their monthly P&I. The IRS will be the collection agency.

    All the evidence on the identity of your true creditor will be gone. Kaput.

    The US will be a Communist Country (officially), where the rights – including private property will be in the name of the state – not the individual.

    I understand this sounds dramatic – but how can anyone come to a different conclusion when looking at the same set of facts?

    That is why I am screaming from the top of my lungs – hair on fire – for every homeowner in America to gather evidence on who is and is not their true creditor, so they can file a Quiet Title Action.

    This will not stop the collapse, but at least you will have a roof over your head. You will have clear title and no mortgage payments. You will be able to better care for your families when the collapse occurs. If you wait, or ignore my advice, you risk being herded into public housing – the stack and pack variety outlined in the Agenda 21-Sustainability movement.

    Your choice. Don’t say you weren’t warned.

    24th November 2012 at 11:43 am

  596. mary malone says:

    @Sean: “My original home loan (I have no heloc) was a VA loan that was then transferred to GMAC Mortgage, LLC . GMAC is now the servicer, as indicated on the MERS site”

    Everyone can benefit from gathering evidence on the identity of their true lender. Especially people who have served our country in the Armed Forces. You go to the front of the line IMHO.

    First, I think we need to sort out the identity of your originator. On your Deed of Trust, where it says, “lender” – what appears?

    I’m hoping GMAC is only your servicer, since GMAC is in BK.

    Next, send the QWR to GMAC (CUSIP, USA PATRIOT Act) on the strand.

    While you are waiting for a response, go to your county registry and copy your docs:
    Mortgage, Deed of Trust
    Assignments of Mortgage (if there are any)

    Order John Stuart’s Quiet Title Workbook for $99

    Since you are current, you are an excellent candidate for Quiet Title Action if we are not able to confirm the identity of your lender.

    I would not be reticent at all about the VA loan. In fact, I would use it to my advantage and demand that all parties in your transaction fully cooperate in providing you with the info you request. You served your country and placed your life on the line – the least they can do is tell you who is, or is not your lender.

    Please let me know what you find, Sean. I’d be glad to coach you throuogh the process and help you any way I can.

    24th November 2012 at 11:56 am

  597. mary malone says:

    @Buckhed A story from Phoenix where homeowners locks were changed by Fannie. Wrong unit – but this is the kind of thing that is happening across the country…
    http://www.azfamily.com/news/consumer/Locks-changed-at-wrong-home-in-foreclosure-180022061.html

    24th November 2012 at 12:31 pm

  598. Lee_in_NJ says:

    @Mary, I want to purchase John Stuart’s Workbook but need your email address so you can get the referral credit. Perhaps you can authorize Admin to provide it me. I have asked the Admin to give you mine. Dunno if he’s back from his cruise yet though. Also want to talk to you as well about setting up a meeting.

    24th November 2012 at 3:10 pm

  599. Buckhed says:

    Mary…my friends Foreclosure was started by BofA..they sold the mortgage to Nationstar Mortgage on Oct 16th….do they have to start the foreclosure process all over since they now hold the mortgage ?

    Any info on Nationstar Mortgage ?

    24th November 2012 at 4:30 pm

  600. Novista says:

    Google is you friend:

    http://www.complaintsboard.com/bycompany/nationstar-mortgage-a15680.html

    Mary M —

    I would suggest that

    “Mortgages were funded in the following way:
    –You pay union dues, or into a pension fund – Pension fund looks for AAA investment
    –Wall Street pretended to have mortgages in the MBS, which were the AAA investments
    –Instead, Wall Street took the investor money, dropped it into a warehouse lending account
    –These funds were co-mingled, so we will never know what specific investor funded what
    –Originators (Countrywide) pretended to lend the money – acting only as a clerk or agent
    –The mortgage application was assigned a CUSIP number and packaged into the MBS
    –Your credit score was sold to Global investors who bundled it into derivatives
    –When it came time to fund the loan, the monies were wired directly from warehouse lender to an the MBS Trustee’s account
    –They then sold your Promissory Note multiple times to multiple parties
    –The Note was separated from the mortgage, so the contract is a nullity
    –The mortgage debt was satisfied as soon as it went into the securitization/MERS maw

    Today, 66 million homeowners who believe they have a valid debt don’t.”

    at least … ought to be a new post. Too many people just.don’t.get.it!

    When I was reading Andrew Ross Sorkin’s “Too Big To Fail” (better book than movie, which was not bad in itself) I got the impression there was a gradual realization of the true nature of the extent of the fraud. When the housing market turned down in November 2006, the keywords were “subprime” and “the repeat of Glass-Stealgall”, that latter surfaced with Bear, sheesh.

    Bear’s problems were supposedly due to over leveraging. But no one had looked behind the curtain at the real/alleged assets. ‘Subprime’ was a convenient excuse.

    AIG debacle — ‘all about CDS counterparty risk’ …

    Lehman Brothers goes Chapter 11, September 15, 2008. But before that, according to Sorkin, a handful of teams from Wall St’s finest were poring over spreadsheets and more. Remember back in 2007, this: “Where are the loan tapes?” That meme went down the memory hole. I suspect at this point, the realization that CDOs actually contained little or nothing was the ‘dot’ that connected to the Bernanke warning to two dozen congresscritters: “I spent my career as an academic studying great depressions. I can tell you from history that if we don’t act in a big way, you can expect another great depression, and this time it is going to be far, far worse.”

    I doubt he revealed the peeling of the onion, the fraud within the fraud of securitization, to the group but likely had a private word with two or three. It’s not something you would admit to the whole world.

    QEternity was the final confirmation.

    24th November 2012 at 6:43 pm

  601. mary malone says:

    @Lee Thanks so much for your consideration. Admin just got back from his cruise, so you may want to shoot him an email at [email protected]. I’m sure he’ll follow up toot sweet.

    Sorry for the subterfuge, but we think it’s best to keep a firewall up between me and the public – just in case the banks get wind of what I’m doing and try to put a stop to it.

    Not a coward, but why make it easy for them?

    Would love to meet you when we connect thru emails. I’m in North Jersey too – so it will be easy to meet.

    24th November 2012 at 6:47 pm

  602. mary malone says:

    @Buckhed “my friends foreclosure was started by BofA..they sold the mortgage to Nationstar Mortgage on Oct 16th….do they have to start the foreclosure process all over since they now hold the mortgage ?

    I doubt that Nationstar bought a non-performing loan, Buckhed. What bank or financial entity would purchase a mortgage that was in foreclosure? Would you? Would any sane individual with a couple of spare dollars in their pocket buy a mortgage if it was in arrears?

    That makes absolutely no sense, right?

    So, one of two things happened:
    -Nationstar is the new servicer, not the new lender
    -Your friends alleged mortgage is in a fake trust and one of the other parties in the trust surfaced to foreclose

    First step would be to do all the look-ups in MERS, Fannie Freddie
    Next, fire off the QWR and debt validation letter to the servicer ASAP

    Your friend should visit the county registry, where they can look-up the recorded docs on their loan:
    -Mortgage, Deed of Trust
    -Assignment of Mortgage (with Nationstar on the scene they may have recorded an Assignment which in their minds would preserve the chain of title)
    -Lis Pendens

    Once he/she completes these tasks, hop back on the board and we’ll coach you from there.

    Remember, over 90% of foreclosures are illegal. With some digging, we almost always find the fraud and provide homeowners with evidence they need to argue affirmative defenses.

    A lot depends on whether or not your friend is in a judicial or non-judicial foreclosure state – so it’s important to move fast, OK?

    24th November 2012 at 7:13 pm

  603. mary malone says:

    @Novista Good suggestion. I’ll try to write up a post for TBP that spells out the parade of horribles – again.

    You’re right the sub-prime and “people bought too much house” meme really stuck like glue.

    I just don’t think most people will get this until it’s too late, Novista. I’m trying – and have found the only way to break thru is for people to investigate the identity of their lender in their own mortgages. Nothing else seems to work.

    I’m open to ideas tho.

    24th November 2012 at 7:20 pm

  604. mary malone says:

    Well, I spent about 20 hours this weekend conducting an online search of Federal Bankruptcy Court records. Boy, was that fun!

    I registered for a subscription to PACER, the online service for US Federal, Appellate, and Federal Bankruptcy courts.

    My goal was to find a number of cases where a specific attorney had filed mortgage documents in a Proof of Claim for HSBC and its subsidiaries. I’m looking for patterns of fraud, where the attorney submitted an Assignment of Mortgage that transferred the mortgage from a bankrupt originator to HSBC, that was signed by HSBC employee. Also looking for Promissory Notes that were submitted with an Allonge featuring the endorsement to HSBC. It was very specific.

    I started by running a query on the BK attorney’s name, then when the list of cases popped up, I opened each case, reviewed the claims to determine if she had filed the Proof of Claim. If she did, I paid the .10 per page fee to open and save the document.

    I reviewed all the cases – about 500 in all – where she was attorney for HSBC or other creditors in Georgia’s Northern District, NY Eastern and Northern districts in 2009, 2010 and part of 2011.

    In total, I uncovered about 5 cases with the specific criteria I was looking for. So, for next steps, I will review the documents in each of the cases for fraud. I’ll summarize the findings in a report and submit it to the Georgia Bar, where I will report this attorney for facilitating fraud on behalf of her client.

    Then, I will send it to the New York Attorney General and Federal Prosecutors for the Southern and Northern Districts of NY and alert them the attorney is committing bankruptcy fraud.

    I’ll be sure to let you know how it works out.

    The point is, this is war. We need to dig up evidence (which is just sitting in the public record waiting to be plucked) and show a pattern of criminality, then report it to the proper law enforcement and state bar societies.

    If enough of us take the time to do this right, we can change the course of events and turn the tide.

    Here’s a link to PACER:
    https://www.pacer.gov/psco/cgi-bin/regform.pl

    Give it a try!

    24th November 2012 at 8:49 pm

  605. mary malone says:

    Some homeowners have recently been asking about the validity of “corrective assignments” entered into the public record before foreclosure action commences.

    NY judiciary leads the way in examining the validity of these assignments in its rulings. Here’s a link to a Rockland County NY decision where courts find for the homeowner. The homeowner argued the “corrective assignment” was invalid and as a result US Bank did not have standing to foreclose.

    The “corrective assignment” was the only link from originator to US Bank. It was filed in the county registry AFTER foreclosure lawsuit was filed by US Bank. And the “corrective assignment” only assigned the mortgage and not the mortgage and the note.

    Here’s a link to the decision, which if you live in NJ, you can cite in your arguments and answers.
    http://stopforeclosurefraud.com/2012/04/04/u-s-bank-v-dellarmo-ny-appellate-division-2nd-dept-corrective-assignment-of-mortgage-transfer-or-asmt-of-only-the-mortgage-without-the-debt-is-a-nullity/

    25th November 2012 at 9:36 am

  606. mary malone says:

    Mary’s Excellent Adventure

    Several weeks ago, we met with a senior-ranking member of the NJ legislature. The purpose of the meeting was to educate him on MBS fraud and how it affects NJ homeowners.

    We had a very interesting discussion. He was very knowledgeable about the fraud and how it affects NJ homeowners,and our local, municipal and state governments. We were impressed – which is not something that occurs often. Heh.

    He told us that the fraud could not be cured with one magic solution. It was too big, too complex and too dangerous to write legislation that would correct the markets.

    We proposed Quiet Title Action for all NJ homeowners, suggesting the state create an orderly system to re-title every home in NJ. He told us that would never happen – ever.

    But what could happen is passage of legislation that nudges the TBTF and homeowners in the right direction in restoring land title. NY state has passed some excellent pieces of legislation that do exactly that. We mentioned NYS Real Property Law 275, which requires all “securitized” mortgages to feature a paragraph on ALL Assignments of Mortgage stating the mortgage is being sold on the secondary market.

    This small paragraph alerts the homeowner that their mortgage is purportedly securitized, so if the “lender” moves to foreclose only in their name, and not the name of the trust, the homeowner can flag the action as fraud.

    He is interested in reviewing this legislation, along with other Bills that help to restore title.
    NJ does not have any statutes that require “lenders” record Assignments of Mortgage each time the mortgage is allegedly “sold” on the secondary market. That’s why we can’t sue. But new legislation moving forward that requires Assignment recordation would benefit NJ taxpayers and homeowners, so we are proposing that too.

    Nothing is easy and this is not a cure-all by any means. But its a start if we can begin to move NJ in the right direction, quietly, under the radar.

    If your state has existing or proposed legislation that holds TBTF feet to the fire and assists homeowners in clearing title, fighting illegal foreclosures, please post links.

    25th November 2012 at 9:53 am

  607. mary malone says:

    Report from the Battlefield…

    A NJ homeowner who was sued by her “lender” in 2010 for foreclosure came to us for help.

    She had been served, but never answered the complaint. Sigh.

    We put the fear of God in her and told her she had to respond ASAP. Now, in NJ there are so many homes in foreclosure that there had been no action on her case since the lawsuit was filed. There was no default judgement, no summary judgement.

    We examined her docs from the county registry –
    Deed of Trust
    Assignment of Mortgage
    Lis Pendens

    We fired off a QWR, debt validation letter to her servicer. She also sent a letter to the Plaintiff’s attorney demanding she affirm and attest the was no fraud in the transaction.

    What did we find?
    -The Assignment of Mortgage transferred just the mortgage, not the mortgage and the note breaking the chain of title
    -The Assignment was created and recorded 5 years after origination
    -The Assignment transferred the mortgage directly into the fake trust -violating NY security law
    -There was no evidence in the public record that revealed all parties in the fake trust had lawfully transferred the mortgage into the trust (missing 4 intervening assignments, endorsements)

    The cherry on the sundae?
    Plaintiff’s attorney, Judith Romano had signed the Assignment of Mortgage as an officer of MERS. Judith’s client was suing the homeowner. Conflict of interest anyone?

    The homeowner fired off a letter to good old Judith and informed her the homeowner noted the conflict of interest and planned to notify the NJ Bar of the violation.

    All of our findings were included in a contesting answer to the foreclosure action. The answer was accepted by the office of foreclosure and the case was sent up to Essex County Courts for a hearing and court date.

    The result?
    The scheduled hearing was postponed by Plaintiff attorneys twice. On the eve of the third court date, the homeowner received a call and letter from the law firm stating that the foreclosure action was being dismissed with prejudice. The judge demanded the homeowner sign the order. We had attorneys review it and they recommended the homeowner write a letter, agree to sign, but stipulate that no claims were being waived now or in the future.

    Since the fake lender can come back, the homeowner is using this time to file a Quiet Title Action. We’re hopeful she’ll win that too.

    The formula we are recommending works, guys. But it has to be executed. If you are uncomfortable, or nervous about pushing back, don’t be.

    This system works like a charm…

    This is not legal advice. Just some friendly consumer education, from one homeowner to another.

    25th November 2012 at 10:21 am

  608. Diane says:

    Mary:

    I tried looking up my loan on the MERS website and it shows no record, even though MERS is shown on some of the documents as the beneficiary (which they substituted with Recontrust Company later).

    I know my loan isn’t owned by Freddie or Fannie, and the servicer is Bank of America, who bought it from Countrywide.

    What is the next step?

    25th November 2012 at 2:13 pm

  609. Leah Dean says:

    I have done everything you advised. Everything is just as you have written in this blog. The Bank of New York Mellon does not own the loan or the property. The Bank of New York Mellon is not a Investor but a Trustee. They do not have any say in loan modifications, or how servicer disposes of the property.

    The Bank of New York Mellon does not physically hold the note and only the Servicer can respond to the questions which is of course Bank of America.

    Many of the “Qualified Written Request” responded to by both Bank of America and their Attorney’s states that The Bank of New York Mellon is the owner and holder of the note.

    MERS is listed only on the Deed of Trust but not on the Promissory Note.

    I have received a 2 copies of the Promissory Note which had no Indorsement but on May 22, 2012 Bank of America sent me a Promissory Note that had Michele Sjolander robostamped on the promissory note.

    Appointment of Substitute Trustee document states MERS is the original Mortgagee and The Bank of New York Mellon is the current Mortgagee.

    Just last week, ReconTrust/Bank of America sent me the paperwork for the 2nd lien stamped Paid in Full.

    I want to sue for Quiet Title Action.

    Your thoughts please

    26th November 2012 at 11:07 am

  610. Leah Dean says:

    I also did find my loan number in the SEC and have a Certified Copy of the Pooling and Service Agreement. I went to Harris County Clerks office and paid for Certified copy of my Property Records.

    Where do I go from here. I need to act fast.

    Thank you

    26th November 2012 at 11:10 am

  611. Randy58s says:

    Hi,
    I bought my house in 2005 and the original loan was with Sierra, then Countrywide and now BOA. I received a foreclosure notice which had expired in December of 2009. I am now in default for over three years. Do you know why it takes BOA this long for not foreclosing on my house (not that I want to foreclose)?
    Thanks,
    Randy

    26th November 2012 at 7:29 pm

  612. Randy58s says:

    Hi,
    To add more complication to my problem, I was divorced in 2009 which my ex-wife quit-claim the deed to my name but her name is still on the loan. BOA would not removed her name until the loan is paid off. Would following your steps above require her to participate?
    Thanks,
    Randy

    26th November 2012 at 7:51 pm

  613. Randy58s says:

    Hi,
    I just looked up all three sites and only MERS shows that BOA is my servicer and JP Morgan Chase Bank is the investor. It also shows the MIN # and the status, which is inactive. What is the MIN inactive status means? Please help.
    Thanks
    Randy

    26th November 2012 at 8:05 pm

  614. Sean says:

    Hi Mary, thx for being a warrior!

    I retrieved my deed of trust (certified copy) online, and it indicates the lender is USAA, as it should, and was filed the same day my actual deed was filed. And yes, GMAC is just the servicer. I will have to make a trip downtown to see if there were any other assignments since the 2009 purchase, since i cant find that option on their website.

    But according to the Deed of trust, Trustee is Betts, Patterson and Mines, P.S.

    You mentioned I should…: ‘Next, send the QWR to GMAC (CUSIP, USA PATRIOT Act) on the strand.’
    I understand what the QWR is , but dont understand cusip beyond its something to do with securities, and i dont understand ‘on the strand’.

    Can you clarify what you mean?

    26th November 2012 at 9:15 pm

  615. Sean says:

    (and of course MERS is the beneficiary)

    26th November 2012 at 9:18 pm

  616. Mary Malone says:

    @Diane MERS is not the most reliable org, so the look-ups can be inconsistent at best.
    Think of MERS as a giant Excel spreadsheet that is allegedly updated by a temporary worker who barely graduated from HS and is paid $7 an hour.

    The database is riddled with errors.

    The reason we recommend homeowners perform MERS look-ups is because it is one of the few ways to get a snapshot of activity on the secondary market.

    That being said, did you enter your MIN number into the field, or just your address? We’ve found that the MIN number entry often provides more info that just the address. So, I would give that a try.

    Also, contact MERS (contact info on the strand) and request a MERS Milestone Report. This report will provide you with a list of all the investors, servicers and GSE’s that were registered on the MERS system.

    Diane: “I know my loan isn’t owned by Freddie or Fannie, and the servicer is Bank of America, who bought it from Countrywide.
    MM: Did you perform the Fannie, Freddie and Ginnie look-ups? Countrywide had a sweetheart deal with Fannie and Freddie – 100% of their originating mortgages were insured by these GSE’s. I promise you Fannie and/or Freddie are lurking in your case. There is probably a notation at the bottom of the Deed of Trust page that states its a Fannie or Freddie insured mortgage. Try examining all your closing docs again. I’m certain Fannie/Freddie are noted.

    Have you had a chance to visit the registry and copy the following docs?
    Deed of Trust
    Assignment of Mortgage

    Mail the new and imporved QWR to BOA, certified mail, return receipt requested.

    Please note that just because BOA bought Countrywide, it does not mean they purchased your mortgage. All securitized mortgages are off balance sheet, meaning they are not assets or liabilities. BOA would not have bought yours or any other mortgage as part of their Countrywide purchase. The off-balance sheet mortgages would have been a separate deal. So, unless BOA produces evidence that they actually purchased your mortgage, do not give them an ounce of credit, OK?

    Once you have some results and responses, give me a shout and we’ll coach you on next steps.

    How does that sound?

    26th November 2012 at 9:19 pm

  617. Mary Malone says:

    @Leah Dean “I have done everything you advised. Everything is just as you have written in this blog.”

    Woo hoo. Mary does the happy dance…

    Leah Dean: “The Bank of New York Mellon does not own the loan or the property. The Bank of New York Mellon is not a Investor but a Trustee. They do not have any say in loan modifications, or how servicer disposes of the property.”
    MM: Absolutely right. This is what the Trustee for the fake trust will say every time. That is why it is imperative to contact the Trustee and get the response you did in writing. We know this because senior execs in the capital markets (created, rated mbs) are helping us. They told us the Trustee is the pressure point and will fold. They are avoiding homeowner litigation like the plague. We’ve had homeowners who contacted BNY Mellon tell us that the CEO’s office actively helped them produce evidence to fight the foreclosure.

    Excellent work, Leah.

    To close BOA in completely, you need to view the original note with the wet ink signature. I know you’ve tried and they blew you off. Try again. Write them a letter saying, “I understand, according to Countrywide vs. Kemp in Linda DeMartini’s testimony that Countrywide kept every single last Promissory Note in a vault in Simi Valley, CA.

    I don’t expect you to mail me the original note. I do, however, expect you to send the original note, retrieved from Simi Valley vault, and allow me to view it personally in your counsel’s office. I will travel within 50 miles of my home to one of your attorney’s offices to view the Note by appointment. I understand that BOA has done this for other homeowners, so if you do not offer me the same courtesy, I will naturally assume you are discriminating against me. (Insert whatever label applies – woman, Black, Hispanic, American Indian, veteran, handicapped, over 50 here).”

    There should be at least 4 endorsements on the note. There won’t be. Take photos of the note, be sure to examine the back of each page so that they cannot claim later that there were other endorsements on the document. Ask the attorney if there is an Allonge. Also ask the lawyer if they have ever met or spoken with any of the executives who signed the Note. This will make them very nervous, which is a good thing. Have the attorney make a copy of the original while you are there, keep it in a file marked original viewed in attorneys office with the date. Keep your travel receipts for gas and tolls.

    Also – did you send BOA attorneys the affidavit to attest and affirm there is no fraud in your transaction? If not, fire that baby off ASAP. While you’re at it, ask them for the Pool Servicing Agreement for your trust. You don’t need it, but this will tell them you know exactly what their client did and you plan to nail them to the wall. Your goal is to make the attorney aware (without threatening them) that you know about specific fraud in the complaint and are prepared to mount a very aggressive defense.

    We have executed this strategy with a number of BOA attorneys and they fold like cheap suits.

    The firm will either resign your account and BOA will have to re-assign, which will buy you more time, or they will dismiss your case altogether.

    They already forgave your second mortgage and voided the lien. You have just one more mortgage to go.

    Lastly, did you send the Debt Validation letter to BOA? It’s available on the Antiforeclosure Network website to members – afnetwork.org.

    This is important, because in a Quiet Title Action you want to cast doubt on the notion you even have a debt.

    Your goal is to get BOA to dismiss this foreclosure so that you can move forward and file a Quiet Title Action. If they do not dismiss, you will have to retain an attorney who can file a motion to dismiss the foreclosure, or file pro se. Attorneys tell us they roll Quiet Title Actions into the motion.

    It would be best for you to consult an attorney at this point, Leah. You’ve done all the legwork so it should not be costly for you to let a professional close the loop.

    Great job!

    26th November 2012 at 9:57 pm

  618. Mary Malone says:

    @Randy58s Jeeze, 2009 was one crappy year for you, wasn’t it?

    First – what state is your property in? Are you in a non-judicial or judicial foreclosure state?

    Who is suing you for foreclosure? is it BOA? Or another entity?

    The reason I ask is, if it’s NJ, foreclosures were placed on hold in 2010 and there was little to no activity from then until now. This would explain the lull in your case. The party suing you must have a real interest in the property. Servicers do not have any claim to your property. We need to sort this out ASAP.

    From what you’ve told me, without having the benefit to examine the docs, your alleged mortgage was purportedly securitized.

    The originator, Sierra for MERS as beneficiary “sold” your mortgage either before you closed or immediately thereafter. Countrywide had the servicing contract. When they went bust, BOA took over the servicing rights. JP Morgan Chase is probably the Trustee for the purported trust.

    What does this mean?

    The identity of your true creditor is most likely an institutional investor like a pension fund, insurance company, municipal or state or a town in Norway.

    Your job is to gather evidence in the public record to determine:
    -The name of the purported trust your alleged mortgage is in
    -The parties in the MBS deal to determine how many Assignments of Mortgage and Note endorsements
    -The cut-off date for all mortages to be placed into that trust before it was locked down and converte to a bond
    -A securitization audit or a review of the Pool Servicing Agreement to determine if your alleged mortgage ever made it into the purported trust

    I know I sound like a broken record, but all the steps I outline for other homeowners apply to you too. The QWR, the letter to BOA attorneys, copying your docs in the county registry.

    It’s difficult to know how long BOA will allow you to linger. Best to get going now, uncover as much evidence as you can.

    Be sure to answer the foreclosure complaint if you are in a judicial state. If it’s non-judicial, take all the steps necessary to show you have defenses that will stall summary judgement. Attorneys tell us to deny all allegations and offer affirmative defenses. Work quickly to get more info about your transaction so you can include some of these defenses in your contesting answer.

    If you can afford it, I’d recommend retaining counsel. I’m not an attorney, and this is not legal advice. It’s just some friendly consumer education.

    Once you’ve gathered this info, come back and we’ll help you with next steps.

    26th November 2012 at 10:24 pm

  619. Mary Malone says:

    @Sean “I understand what the QWR is.”
    MM: Great. There’s a template on this long post called new and improved QWR with the USA PATRIOT Act. Be sure to mail this to your servicer, certified mail return receipt. You should get a response in about 10 days.

    Sean: “But don’t understand CUSIP beyond its something to do with securities.”
    MM: The CUSIP was new to me too. This is an acronym which describes a unique number, consisting of digits and letters that identifies every single security in the world. The reason we include this request in the QWR, is – get ready –
    Every loan application (car, mortgage, credit card) is assigned a CUSIP number and securitized. It’s actually a global bidding system. Every time a consumer completes a loan application, that application is assigned a CUSIP, it goes on a server that is viewed by all traders in the world. The characteristics of the debtor are broken out and the markets bid on the application. The winner takes the loan application and bundles it into a security that entities invest in.

    The consumer who completes the application never shares in any of the spoils, of course.

    Homeowners mortgages were “securitized” at the loan application stage. The actual application is in the MBS, not the mortgage. So, by obtaining your unique CUSIP number, we can look to see if your application was securitized in a particular trust. The act of securitizing loan applications and not actual loans is highly illegal, of course. But since when has that stopped the TBTF.

    Sean: I don’t understand ‘on the strand’.
    MM: Sorry to confuse you. I refer to the entire list of posts on “Who’s Your Lender? as the strand. So all the docs we talk about – QWR, Affidavit to attorneys, MERS contacts, CUSIP number info are all on this entire post. We are over 600 now, so it’s turned into quite a lengthy discussion, but copying the entire length of the posts and pasting onto a word doc that you can read at your leisure might be helpful.

    Keep digging and please feel free to ask for additional info or clarifications. The more info you uncover, the more questions you may have. Don’t be shy, Sean. I’m glad to help.

    26th November 2012 at 10:44 pm

  620. Sean says:

    MM, thanks so much for the clarification, im all over this, and appalled
    at the egregious nay nefarious misdeeds being perpetrated. I resolve to see this through as far as I can take it.

    26th November 2012 at 11:00 pm

  621. Mary Malone says:

    I have an idea a that could be lots of fun to execute.

    Given that identity politics are still a huge priority for the US Federal Government (DOJ, HUD, White House), I think homeowners have an opportunity to exploit this and use it for their advantage.

    When sending a QWR, Debt Validation letter, Contesting answer to a foreclosure – any important document, or complaint to the IRS, HUD, OCC, State Attorney General, just attach a photo of yourself, your family in front of your home.

    This could be especially effective if you fall within any of the groups the Administration is pandering to:
    -Middle class
    -Senior Citizens
    -Black
    -Latino
    -Military Veteran
    -Single Women
    -American Indian (worked for Elizabeth Warren)
    -Phy