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.
@ Susan, I have so many refinances and sold loans , its like so confusing weeding through all those docs. I’m just getting back into all this and its like learning a new language ! Glad to hear you found that America’s Wholesale never existed , thats your ace in the hole ! Do you have a Lawyer or are you going about this on your own ? How far are you in his foreclosure game ?
Well, lets see. I got behind because of BofA force placed flood insurance. My building has flood insurance. A class action suit has been won in Oregon against them for flood insurance. They are still trying to milk me for flood insurance.I have all the typical CountryWide fraud.Other than filing an assignment to BNYM trust 8 years after the closing date, nothing has really happened!
Posted 5-11-14
http://www.marinkapeschmann.com/2014/05/06/think-you-will-own-your-house-someday-think-again-how-to-check-your-chain-of-title/
5-12-14
MERS-Mortgage Electronic Registration Syndrome
So glad I found this site and these great helpful posts.
We have a pending foreclosure that is in FL. We have issues of fraud besides all the lovely stuff the bank tries to do now to file foreclosure, but I won’t get into that just yet, as I am trying to get all my info straight..
So here is the story. Had issues with Countrywide from day 1, from the application, to the buying process to the closing.. and then even after closing.. anyway sent them a letter in April 2008 stating that if they did not fix the fraud they committed on our loan (they attached our 2lots we paid cash for to the mortgage after closing) that we would stop paying until it was fixed.. They sent us an apology and then send a partial mortgage dismissal in late 2008 (which was still wrong),… funny thing is they also filed for foreclosure… so they file for foreclosure in 2008 with atty Stern here in FL.. we file an answer, throw the kitchen sink at them and nothing happens for years… finally court tries to dismiss it for non action and we ask that they don’t because we wanted the title cleared… anyway, then the atty withdraws, judge says no and then dismisses because a corporation can not represent itself. We asked the judge not to dismiss or to dismiss with prejudice because of the nightmare this caused us for years… he said no and dismissed without prejudice…… FASTFOWARD to 2014. New attorney files for foreclosure. This time different attorney… different paperwork.. Bank of New York Mellon is the Plaintiff and it states default under the note and mortgage for 4/1/2008 and subsequent payments due there after… and then the next line talks about acceleration… so this new paperwork includes items that were not in the original filing… Certification as to Original Promissory Note signed by Bill Koch of SPS dated: 7/25/3013, and on the adjustable rate rider there is a lovely stamp (clearly it was photoshopped in) that says pay to the order of ___________ without recourse Countrywide Home Loans, Inc David A Spector…. also on the papers that were copies of the original mortgages etc, their are new stickers on the bottom that were photo copied in that say when recorded return to: Richmond Monroe Group and their address and an SPS #.. the last new document is a very nice Assignment of Mortgage.. dated October 4, 2012 and filed with the clerk of court November 26, 2013. This new assignment of mortgage staes that MERS as nominee for countrywide home loans assignes to The Bank of New York Mellon as trustee for the CWALT, inc 2005-38 alternative loan trust ( I abbreviated that a bit)
But here are my few questions:
1. If Countrywide had given the note to the investors in the 2005-38 securities, would they still have been my servicer for years?
2. If they had really given my mortgage to the trust in 2005-38 wouldn’t they have had to do the assignment way back then?
3. When I look up my mortgage on MERS it states that SPS is inactive, and Realtime solutions is active, and both say New York Bank Mellon is the investor.
4. Due to the new case in florida should I ask for dismissal based on the Statute of Limitations even though it was not in my favor?
5. Would Mers in 2012 still had the authority to act as nominee for Countrywide home loans on the Assignment, knowing they have been out of business for 5 years? ROBO signers on assignment are Cecilia Rodriguez for Mers Assistant Secretary, Aida Duenas and Dominique Johnson as witnesses, notarized by S. Greenwald (who according to the notary log in CA works for BOA).
6. Should I be concerned that the stamp with David Spector is not dated etc on the adjustable rate mortgage.. because if he had sold to the securities/trust wouldn’t it have been back when countrywide was still in business, and if so then why would they have filed the partial dismissal of their mistake in 2008?
So confused.. millions of questions after reading through a bunch of these.. So any help or direction or anything would be great!
5-24-2014-Oregon
Hi Ann!
I am going to read your post tomorrow. Hopefully, we can get this site going again, it was inaccessible for a long time so not much action. Good night for now!
This is a great resource, I hope it continues. Thanks for all of the information so far. I am curious about Mers and if anyone knows if they have the right to assign a mortgage years after the company that they were a nominee for went out of business? 🙂
Ann,
Will be getting into the quagmire again soon. Important to note the
” law” thrives on nuance. Your Promissory Note cannot be”given” It can only be transfered by negotiation. Offer & acceptance. There must be a record of transaction for the transaction to exist.
A dissolute entity cannot be party to a transaction.
5/28/2014
There is an interesting article about CountryWide at:
After reading it, I realized that my deed claims America’s Wholesale Lender is the lender, yet the note claims Countrywide Home Loans.
Ann, I would sure be finding out about the statue of limitations.
Thanks for that Susan! I am going to read that also. I am nervous on the statute of limitations, as if It gets dismissed because of it and they are able to bring it again (as this is what florida is saying right now) then when will we ever really be done with them… also there is a statute of limitations on Fraud.. so would it be fair if they say my statute of limitations on the fraud is not good but there is okay?
I have a few securities questions also.. maybe they have already been answered….. I am pretty good on a lot of the stuff but not a 100% on this part…
1. Is it possible for a bank to sell the loan before it closes or include it in the trust before it closes?
2. Is a mortgage closed before it is recorded in the county records? For instance we closed on the house on June 30th, it was not recorded until July 8th… (the reason it took so long you ask… well because they were changing the documents after closing)….
3. If Mers states that the servicer that is trying to foreclose has been inactive and there is another listed as active does that matter?
Last thing I just found… I was searching some crazy search words.. found this document from a case in MO… the weird thing is that there was a signature on it that looked like something I had seen before.. this case was not anything alarming, just something I happened to see on google… anyway, the signature is of a Scott something or other.. but the signature is so close to the bogus signature of David Spector of countrywide that all of a sudden appeared on my adjustable rate rider… upon further investigation.. it is the same servicer, yet different bank of who supposedly has my paperwork!!! Strange finding… but thought I would share.
5/28/2014
Ann, the Neil Garfield Show has call in on Thursdays. Perhaps you could get answers from him. http://livinglies.wordpress.com/
BoA is fraudulently having a courthouse auction sale tomorrow, July 23, 2014, on my home and property in TN. I want to file some kind of an emergency Stay in Federal court today. They gave me only a few days notice this time. My case is textbook of all BoA has been accused of by all others across the U.S. and I have carefully documented the whole ordeal and saved proof of all events, names, dates, etc. The trouble started when BoA took it over from Countrywide in 2008. I’ve been fighting them since 2008 and have never missed a payment or defaulted. My original loan was with New South Federal Savings Bank in Alabama in 2002. In 2003 it went to Countrywide, and 2008 BoA. I asked for proof assignments. What I got back is just par for the course with BoA. After the original assignment & Note (which had no signature) they provided 2 other fake assignments, one signed by 2 assistant secretaries. One was signed by supposedly vice-president of Countrywide and dated Feb. 2012. Crazy! They stand to gain about 60, 000 of my equity. Any suggestions or help will greatly be appreciated. I should have written sooner, but I was diligently doing more research. Also my loan is a conventional loan. In 2011, I got a letter from Fannie Mae saying they owned it.
I’m sorry…..CORRECTION: Sale date July 24, 2014 Thursday 1pm.
My husband and I refinanced several years back with Wells Fargo, and before our first payment was due, we received an Assignment of Mortgage notice from Fannie Mae stating that Wells Fargo would remain the servicer of our loan but that they now owned it. At the time we didn’t know we could do anything about it, but were frustrated, not wanting to owe money to the government. Now that we’ve done some research, it seems that we may be able to dispute the mortgage, as no transfer was ever recorded in our county office. The lien is still under “Wells Fargo” with no updated information since our original refinance loan. We sent a QWR letter to both Wells Fargo and Fannie Mae (with one copy mailed to ourselves, all registered mail) and received a letter from Fannie Mae, requesting that we call them with any questions (no actual written response to the questions) and some documents from Wells Fargo, but nothing in regards to the purchase transaction or payments being sent to Fannie Mae, etc. Basically at this point, we feel that we legally should own the home, since Wells Fargo owns the lien but has been paid off by Fannie Mae. Is this correct? And what would our next step be? We have kept up to date on our payments up to this point.
My loan was originated by Countrywide.
We got behind on our loan. We were recently approved for a loan modifiaction starting Sept. 1.
Meanwhile, I sent a QWR letter to Green Tree on August 1, requesting promissory note, mortgage, closing documents, appraisal, title policy, assignments of mortgage. and got a response today that was less than adequate.
I received some copies of the loan signed by me and my husband along with a letter listing the months we are late and the late fees assessed. It mentions nothing about the modification, acting as if they considered us still in default, and I was not given a clear chain of title, in that the fact it was transferred from B of A was merely mentioned in the cover letter, along with the fact that the loan is ‘owned’ by Fannie Mae. I can find no reference to a PSA, therefore I am stuck. I can’t afford a lawyer and this is all so confusing.
Also, when we bought the house the inspection appraisal listed it as a CBS structure. We had it refinanced in 2005, also by Countrywide, and the new inspection appraisal has it listed otherwise and we have since discovered only the end caps of our home are CBS structure. The rest of the walls are no more than 5″ thick, including the spackle stucco facade.
I believe the chain of custody was broken here,(esp. since the loan originated with Countrywide) as well as the original description was deceptive.
We are happy with our loan modification terms and plan to pay the first payment Sept. 1, that is, if it still is valid, even though according to the letter received with the response described above, it seems they are still saying we are late, etc. We feel now that the response to the QWR was extremely inadequate and have no idea how to proceed legally.
It appears nothing on this subject has been addressed since July 2012 on this forum. I sure hope there are still people on here like Mary who can be of help.
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Hello Mary, I just found out after I moved from detroit in 2008 that Countrywide gave out settlements any how I don’t qualify for a settlement because they say my loan originated with New Century Home loans. What can I do? Can I still sue them with a lawyer and who would I sue, The FTC sent me 2 checks suing countrywide because i filed bankruptcy. But that was all..thank you I’m mailing my QWR in the morning.
Boy… wish I would have found this site years ago- would have saved me lots of research time & stress, lol.
Anyways, for the past 3yrs I have been representing myself in a foreclosure lawsuit and just found out today that I won my motion for DISMISSAL. The judge noted that even though I presented many arguments, he only based his ruling upon one without reaching the other. Dismissal for lack of standing was granted due to plaintiff’s lack of standing.
I would like to know what I should do from here.
Points of Case
Originator: Greenpoint who went out of business 2007
County Recording: In 2011 Greenpoint/MERS to HSBC… robo-signer (no recording for Capital One, Countrywide nor Bank of America) dismal was made on the documents provided from this recording
MERS: once stated Greenpoint now it shows Bank of America but I am receiving letters now from OCWEN
Mediation: After 17months received letter from Bank of America that they did not have authorization from the investors/owners Wells Fargo to modify my loan
QWR Letter: Reply received “This matter is currently in litigation”
Looking forward to your response 😉
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I sent two different QWRs on separate dates one month apart to Fannie Mae about 5 months ago and have not gotten a response at all. Are you allowed to send QWRs to lenders with absolutely no response by them? Are they required to at least respond with some kind of answer?
Hello everyone am here to testify how i got my loan from Mr. Eugene after i applied several times from various loan lenders who claimed to also testify right in this forum, I thought the testimonies where real and i applied but they never gave me loan. I was in need of an urgent loan to start a business and i applied from various loan lenders who promised to help but they never gave me the loan.Until a friend of mine introduce me to Mr. Euegen Oyinbo who promised to help me and indeed he did as he promised without any form of delay. I never thought there are still reliable loan lenders until i met Mr. Eugene, who indeed helped with the loan and changed my belief. I dont know if you are in any way in need of a genuine and urgent loan, feel free to contact Mr. Euegen via his email: [email protected]
marymalone I have been following all of your posts here. Awesome work. your motivation and knowledge are incredible.
My fiance and I have been learning as we have gone from non judicial foreclosure where our home was sold and transfered to freddy mac (even recorded in the land records) while we were making hamp trial payments, then recinded due to the mistake, to currently a judicial foreclosure where trial is in January. We have documented every single transaction and recorded every phone call. Heres my email. [email protected] I really want to get in the fight. Any feedback would be great.
details…….. currently Citimortgage is the servicer and the investor is Freddy Mac according to mers. Citimorgage is through pike duncan foreclosing. The first foreclosure was by citimortgage through northwest trustee services using RCO routhe crabtree olsen as the lawyer which was completely recinded. The first foreclosure was in 2009. We have been waiting for them to fix their mistake and get the loan fixed without any success.
Boy do I miss everybody who used to comment here.
I am a homeowner in Nevada. I have a property that is part of a Chapter 11 Bankruptcy. The loan was originated in 2005 by MortgageIT and assigned to MERC in the original Deed. From there, I am assuming that it went to WaMu because WaMu was named as the lender on the 1st mortgage when we got a 2nd mortgage in 2007. In 2009, we had a notice of default that names MortgageIT and it assigns, but does not name the existing servicer. Another document names Chase, but there does not seem to be an assignment to Chase. I checked MERC online. It doesn’t show Chase in an active file since 2005. However, throughout the bankruptcy, Chase has claimed to be the lender/ servicer. It may be a transfer through the closing of WaMu to FDIC and then to Chase, but I can not find the Assignments. What should I do? Would the lender have to prove the chain of assignments if I send them a QWR? This is real important at this point. Chase has been hell to deal with. I would love to prove that they did not have the signing rights during a particular phase of our bankruptcy. And, now, the new servicer, SPS is trying to lift the stay in the bankruptcy and threatening foreclosure.
Good article. I have been working on investigating my assignment of mortgage. I did the QWR and basically all I got back is that I am indebted to them. Out of the 23 questions I asked for in the QWR they didn’t even answer half of them. I filed a complaint with RESPA but that was worthless.
They won’t tell me if my mortgage was table-funded or secularized. I had to get my congressman involved just so the bank will sit with me but that produced nothing and still do not have an answer to my questions.
Here’s my story… When I first signed paperwork for my mortgage it was with Freedom Mortgage Corp. After all that was done I get a letter from US Bank stating that they have the mortgage and the note and they are my servicer. No problem. I didn’t think twice about it. Like most Americans, the economy everyone in some sort of way. My wife lost her job and it was hard to find another job so our money was tight. In 2012 I lost my job and haven’t had a job since. Of course the US Bank wants their money and I couldn’t agree more. I have to live up to my commitment. My wife talked with a friend of hers she hasn’t spoken to in awhile and a long story short, her friend has title to her home free and clear because she filed for quiet title.
Our situation isn’t hers but we started an investigation of my own. I had US Bank pull my mortgage and note. I honestly believe it is legit. The only thing I have to go on is my assignment of mortgage. I found out that the person that assigned my assignment of mortgage is named Kim Kintop and she is a assistant secretary for MERS. I looked her up. She is an assistant vice president of US Bank. How can someone from US Bank assign something to themselves? I looked into it further. Another long story short, I called the State of Wisconsin for the application of the notary public who notarized my assignment of mortgage. That was forged as well. The application of the notary public has a different seal stamp and the signature on the assignment of mortgage is not the one on the application hence it was never notarized either. My defense is Freedom Mortgage Corp. can never transfer my mortgage to US Bank because they are no longer in business and shameful for US Bank to produce a fictitious one to show ownership. US Bank is going to have to dig up a wire transfer to prove ownership of my mortgage and note because they have no paperwork I signed with US Bank’s name on it. I would be more than happy to pay Freedom Mortgage Corp. but since they are no longer in business I guess I walk away with a free home. It’s not my fault the banks tried to buck the system. I guess they’ll have to take the hit. Why should I?
Here’s the other thing, the assignment of mortgage was entered into county records in 2013 when I purchased my home in 2005 and Freedom Mortgage Corp. (there was more than one I found out) the people I signed paperwork with has filed bankruptcy in 2010. So how can MERS or Freedom Mortgage Corp. transfer the assignment of mortgage? They can’t and that is why US Bank as of today is committing fraud after the fact they were caught…
The reason why they filed the assignment of mortgage was they were ready to foreclose on me but since then I have an organization called Save the Dream making payments for me so to this day I am not threatened with foreclosure but I’m sure it will happen down the road. Here’s the thing, I don’t deal with criminals so if I am foreclosed on after I fight for quiet title, I’ll take the loss but it pisses me off that US Bank are scumbags. My morals will guide me before I pay another dime to US Bank. Right now I am buying time to work a defense.
America has to wake up. Corporate scum and back pocket politicians need to be prosecuted harshly for their crimes and judges need to do the right thing rather than turn a blind eye and line their pockets…
Good article. I have been working on investigating my assignment of mortgage. I did the QWR and basically all I got back is that I am indebted to them. Out of the 23 questions I asked for in the QWR they didn’t even answer half of them. I filed a complaint with RESPA but that was worthless.
They won’t tell me if my mortgage was table-funded or secularized. I had to get my congressman involved just so the bank will sit with me but that produced nothing and still do not have an answer to my questions.
When I first signed paperwork for my mortgage it was with Freedom Mortgage Corp. After all that was done I get a letter from US Bank stating are
Hey Susan site is back up been out for a while wasn’t able to upload at all on chrome went to Firefox and was blocked clicked on the link showed “black boxed”? Still on the good fight? Sure missed you guys, Mary and Rich still around or were they able to pop the cork on the bubbly, maybe a settlement that required their silence? Na just in case the site takes another dump my e-mail is [email protected]. sure like to keep in touch. Thanks again Mary
I want to stop my home from foreclosure. I filed bankruptcy 3 years ago and held off the wolves till now. Thought I had another year plus because from a statement the Judge said durring the last hearing in court, the mortgage company (GMAC) granted me automatic stay. The judge said I had till April 2016. Now I up against the wall with no attorney willing to take my case because I waited to long. Long, long, long story short, my home goes to the auction next Tuesday! I am wondering if I oppose the sale due to no chain of title done in bankruptcy court. Meaning the bankruptcy court was to order a chain of title on the deed from my lender. But I don’t think it was done. Plus what if my bankruptcy lawyer doesn’t return phone calls to answer the questions. What can I do?Any sugestions?
This is my first time go to see at here and i am actually impressed to
read all at alone place.
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looks like this is now a mute site
thanks to all who offered so much in the past
correction and apology
not the site being mute
just this part of it
admin has been astounding to help so many
again thank you so very much
Thought I should let you know, for all the help received. David Kreiger and I are having a conversation On Clouded title in case any would like to follow. http://cloudedtitlesblog.com/2015/09/09/conning-the-cash-strapped-consumer-states-ftc-targeting-audits/
Steven Jungers
September 11, 2015 at 9:37 PM
So the DTCC have all the information on CDO’s and CDS’s ? How is this list accessed? It would be helpful to a homeowner to know if their servicer is driving them to default to benefit from the Swaps they own on the pool the loan is in?
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cloudedtitlesblog
September 12, 2015 at 5:38 AM
Steven, The DTCC appears to control all transactions (globally) of all securities transactions; however, I am not sure of its direct involvement in your case. There are (fortunately) people who still have access to databases that contain transactional information besides this entity that can be accessed to find “two sets of books”. First, I would encourage you NOT to believe that you are even in default in the first place! True, a homeowner might have missed a few mortgage payments and believes that because they did so, they’re in default. That whole scenario may change on Day 91 if you read the PSA’s for these trusts. Second, how do you know if the loan is actually in the pool, just because you may have found a “loan number, Deal ID or some other insignificant indicator” inside of a 424(b)(5) prospectus (signed under oath BTW under Sarbanes-Oxley) that has a shred of truth to it? Third, why does one want to believe that the Servicer owns the Swap? Did you find one in your search? Most of the PSA’s I’ve read have swap counterparties listed in them, but most of them are tied to the Sponsor-Sellers of the trusts, the ones who get paid on Day 91. As I indicated in my posts, there are issues with the back-end accounting that relate to federal court cases which may come into play as a result of “Day 91” and other PSA-related pay-offs. I believe that the “first set of books” shows that the borrower hasn’t made his payments. This is the set the Servicer sends you (and gives to the judicial foreclosure court as “proof”) when you ask for records as part of a QWR under RESPA Section 6. The “second set of books” factors in if: (1) the potential exists for “Day 91″ or other default pay-offs”; or (2) your loan might have been rehypothecated (pledged AGAIN as a security). THIS information MIGHT BE FOUND in the DTCC’s databases! The only way to find out if this would be true would be in discovery. The bank or servicer claiming they hold the note with the right to enforce (UCC 3-301) will fight like hell to keep you away from that information. However, the Buffington and Steinberger cases in Arizona may give you some insight as to how these issues are plead. Hope this helps. And see … I didn’t “con” you for one single dime! God Bless you in your research to lead you down the right path as He has me on many an occasion!
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Steven Jungers
September 12, 2015 at 10:28 PM
“First, I would encourage you NOT to believe that you are even in default”
The reason I want to believe they have a swap and are intentionally trying to tank a security is the pay off for them. The return on their CDO insurance claim + foreclosure fees+ judgement fees and on and on. For our side it would show unclean hands and a motive for intentionally breaching the contract and taking out their late, inspection and other charges before applying payments in the proper order.(a little context I was attempting a strategic foreclosure to force the court action by not paying the $26 PMI that terminated 3/11 long story short my daughter ended up in the hospital from the stress and a 40 year modification signed. Now paying 21% accumulated interest)
“Second, how do you know if the loan is actually in the pool”
1. MERS assigned mortgage AND note (not in nominee capacity) before originating mortgage filed with county.
2.MERS assignment recorded 2003
3.Fannie Mae pool # on copy of mortgage received after QWR
4. Located pool on Fannie’s web site Pool Talk (only loan from NM and principle amount due matched
5. BK in ‘O6 rocket- docket, no asset, no assumed lien was valid
6. Fannie Mae re-established possession with a robo-signed mortgage (over 6 different signatures found on line) after servicer assigned it to themselves from MERS
I’ll check out the cases mentioned thanks for the conversation.
Is this forum available at any other site?
Hey Roger,
Still think this is the best forum on the net, even with the silence of Mary and Rich and others. Even re-reading has led to insights un-achievable on other sites. Got together with Sue a while back, off site but the education for others was lost. Where you at with Ginnie? Last I heard you found the trust, was the assignment made before the closing date on the pool?? Think most everyone keeps checking the site and like me are still researching holding info in the back pocket collecting affirmative defenses. Did you ever take them to task on the QWR responses or lack there of?
Hello good folks,
Is this site still active? I have a question.
We purchased our house in 1998. Our original loan was with B of A. I think it is not secure, but that is not what my question is about. A few years ago our neighbor across the street who had lived there almost all her life said our house burned to the ground in (I think she said) the 70’s. Our lender never mentioned anything about this to us. We have had one re-fi in 2005, and one loan modification in 2014. (BAAD DEAL. BTW!!)
We would like to know if there’s a statute of limitations for non-disclosure of facts such as that fire and if not, do we have any recourse to have our loan nullified or something. We have fallen two months behind (again) and we are not keen on paying for this (not so great) house for another 39 years.
Susan
Try this email:
[email protected]