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.
@Novista Thanks for posting Landtegrity email
“(MM, there may be a way to turn comments on the old page off … or add a link to the new page on your final comment of this one?)”
MM: Not sure how to do this…
The new Homeowners Bill of Rights is shifting the power away from the banks:
“An injunction is in the public’s interest as it enforces a recently enacted law designed to protect the public,” the judge wrote.
That point was significant because it shows the courts, which “have not been a very hospitable venue for homeowners who took matters into their own hands,” have changed since the foreclosure crisis, said Michael Troncoso, chief counsel to state Attorney General Kamala Harris, who championed the Homeowner Bill of Rights.
“There’s recognition in the courts and recognition in the bar that we’re actually going to enforce and uphold (laws to protect homeowners),” Troncoso said.
Bolanos agreed. “Since the Homeowner Bill of Rights it’s a completely new game,” he said. “We’re winning now.”
Read more here: http://www.sacbee.com/2013/05/23/5441875/west-sacramento-homeowner-uses.html#storylink=cpy
Quick update on navigating the Delaware Secretary of State entity look-up.
I just learned that ALL companies have the phrase, “THIS IS NOT A STATEMENT OF GOOD STANDING” written across the top of the entity page look-up.
This does NOT mean the entity is NOT in good standing. It means you cannot print out this page and call it a certificate of good standing. That certificate is only available for an additional fee.
So, in DE, when you find the entity you are looking for, click the “status” report at the bottom of the screen, and for $10 fee, they will tell you if the entity is in good standing – or not.
For $20 fee, you can access the status, and list of most recent reports filed with the DE SOS.
Hope that clarifies…
@ Mary Sounds good. I did forget to mention my mortgage is in Ohio. What about the follow up QWR letter and Federal Truth in Lending Validation and Verification that BoA hasn’t answered?
@Roger88805 You’re in a really great state – the judges have been issuing very good decisions for homeowners. I’d rate Ohio #2 to NY, which is #1.
Sounds like they acknowledged the QWR, but haven’t sent the response yet, is that right?
Give them more time – total about 45 -60 days. If you don’t get a response, then fire off each letter again, marked 2nd Request.
You want them to play so you get more info, so hold your powder awhile longer to see what turns up.
Mary,
I searched the SEC site and typed in the trusts just like you said but nothing came up for either one. I also went to the Bank of New Yorks site and looked up the trust and did find some information on both, but not really sure if my loan is in either one. The information is kind of confusing and there was no PSA I could find. Do you have any other ideas I should try?
Thanks so much for your help.
@ Mary They acknowledged and responded to the 1st QWR but Not the 2nd QWR which also had Federal Truth in Lending requests concerning Validation and Verification. There has been nothing but dead silence on those. I sent them Certified 3-21-2013. They signed for the certified letter 3-25-2013 but have made no acknowledgment or response.
@Roger88805 OK. Now I understand.
Since they answered the first QWR – odds are they will ignore your second QWR. They are covered under the law.
BUT – they need to answer a new letter, called the Debt Validation letter under the Fair Debt Collection Practices Act. We posted that letter on this thread – did you send that too?
If not, I would. It falls under the FDCPA, they have 30 days to answer and tell you why, exactly you owe what you owe.
When they answer both – then you can compare the docs submitted in each response and see if anything new pops up. Or use it to confirm that what they are saying is true – especially if it benefits you.
Does that help?
@FML I had trouble finding the trust too – good job on going to The Bank of New York website to conduct the look-up.
Right now, we want to confirm one fact, and one fact only – Does this trust exist?
So, let’s not worry about finding your loan in the trust. I am not an advocate of that by the way, because in many states, if a homeowner submits evidence their loan is really in a trust (we know its’ not lawfully in the trust) then the judge says, “Oh, great. We’ll give plaintiff the opportunity to change its identity and resubmit the foreclosure complaint with the trust as plaintiff.”
See what I mean?
You need and want pieces of paper from official sources like: SEC and the Delaware Secretary of State that state the trust is shut down, no longer exists.
Question – on the BONY site – what was the name of the trust you found? Was the name identical to the trust name on your papers, or different?
The name, down to the comma, must be exact.
Did you say you found the 15-15D report for the trust on the SEC site? If so, the 424 B – Prospectus would be listed in the SEC on the same page.
@ Mary I included the Debt Validation and Verification in the same letter as the 2nd QWR I sent. It was clearly marked as request under the Fair Debt Collection Act – Validation & Verification. I even provided the Code Section. Still no response.
@Roger88805 The Debt Validation letter should be sent under separate cover, not in the same envelope and mailing.
The idea is to get the servicer to provide info about your alleged loan in 2 separate letters – the QWR falls under RESPA and the Debt Validation Letter is a feature of the Fair Debt Collection Practices Act.
So, send the Debt Validation letter again – under separate cover, via certified mail, return receipt requested. They have 30 days to respond.
Hope that is helpful
I’ll send it as a 2nd request then.
MM: Right now, we want to confirm one fact, and one fact only – Does this trust exist?
FML: Could this be a private trust? Where else should I look?
MM: So, let’s not worry about finding your loan in the trust. I am not an advocate of that by the way, because in many states, if a homeowner submits evidence their loan is really in a trust (we know its’ not lawfully in the trust) then the judge says, “Oh, great. We’ll give plaintiff the opportunity to change its identity and resubmit the foreclosure complaint with the trust as plaintiff.”
See what I mean?
FML: Yes … I don’t want to give up useful information for their benefit. That’s why I was thinking it might be time for QTA since they only get one chance at proving the trust exists.
MM: You need and want pieces of paper from official sources like: SEC and the Delaware Secretary of State that state the trust is shut down, no longer exists.
FML: I am going to try and get something from SEC saying there is no such enity that exists. Looked on the Delaware SOS site …. I put in the names like Bank of New York got several hits but nothing like the so called trust name. Also put in Countrywide and got hit on enity name Countrywide Home Loans, Ins. incorporated 7/14/1986, not sure if I need to get a detailied report on this?
MM: Question – on the BONY site – what was the name of the trust you found? Was the name identical to the trust name on your papers, or different?
FML: The trust that I found was slightly different called “Countrywide Home Loans, Mortgage Pass-Through Certificates, Alternative Loan Trust 2002-12, Series 2002-20.
MM: Did you say you found the 15-15D report for the trust on the SEC site? If so, the 424 B – Prospectus would be listed in the SEC on the same page.
FML: No … there was no information like that, it was more like what a income/balance sheet statment looks like.
By the way I was wondering who calls a trust “Alternative Loan Trust 2002-12, Mortgage Pass-Through Certificates, Sereis 2002-20? Seems really vauge to me.
Something interesting I discovered while looking through the “Citation”, they included the Notices of Acceleration of Loan Maturity letters from Litton dated 2/3/2011 when they were servicing it under the CWALT trust and one from Ocwen dated 6/14/2012 under the Alternative Loan Trust as evidence. Just goes to show you that in 2011 they still believed it was a CWALT trust when the assignments were recorded in 2008 on the double trust switch aroo to the Alternative Loan Trust. If this doesn’t prove to the judge that something funny is going on, not sure what would.
Thanks again for all your help!
Mary – Thanks. I’ll try to update the index soon. Life’s been a roller coaster of late and frankly I’m ready for a few days on the merry go round. I’d think we all are. We can all agree this sucks. If one more pundit spews misinformation about our economy and housing I’m gonna spew something my own self. How hard is it to see when the market breaks records and the corporations are producing nothing close to representing that value then the monopoly money the fed is printing is seeping into the economy and devaluing the dollar? I met a man the other day who only had one shoe. I said you’ve lost a shoe. He said no I found one.
Where is everybody???????
@FML If you email me the name of your trust and any other questions, I’ll try to help you get to the bottom of this. I know you have a court date in several weeks – so we need to move pretty quickly.
Any luck with retaining counsel?
@Rich I know how you feel. It’s been a wild ride the last 2 weeks. I feel like that Kupie Doll who is all wound up, then somebody pulls the key in my back and I drop in a pile on the floor.
Can yoe guys do me a favor and go to The Burning Platform – “Thank you for your Service – You’re Evicted” and weigh in with comments? Admin was kind enough to post this on the front page – we’re trying to bring national attention to PO Joseph Worrell story.
Emigrant has repeatedly violated the SCRA – while Joseph has been deployed serving our country.
Please leave comments and pass the post along to your comments.
Mary???
How bout Fannie? What to do, what to do…. $50 Billion in profits where should I put it all????
http://www.google.com/url?sa=t&rct=j&q=&esrc=s&frm=1&source=web&cd=1&cad=rja&ved=0CDAQFjAA&url=http%3A%2F%2Fwww.cnbc.com%2Fid%2F100724407&ei=5rqmUdKVPKnOyQGd6YDICw&usg=AFQjCNHzrRFGRwC0SJHOmQBo3WLvkaN2mg&sig2=PObpKIjm9_NJIH8w_0Ysdg&bvm=bv.47244034,d.aWc
How does answering a QWR get them off the hook when their answers don’t answer anything???
Have there been rulings on this? 10 QWRS with no answers to the last three. With questions still unanswered from the first QWR seems to me would violate mandates to answer??? They don’t get off the hook with an answer do they? When they answer with an answer that just raises more questions?? Doesn’t a correction have to come with the answer??? Please tell me it’s so.
On the original Fannie trust my balance is zero, but the trust is still open with one loan still active. Is that saying that my loan was purchased out of the trust by fannie and then re-bought by fannie and put in another trust??? Man that Milestone would help. Thought about sending MERS my note payment as they are the last registered assign New Mexico sais if you make an offer to the last assign and they refuse then the loan is done, but I’d have to come up with the total pay off, oh is that why Mr. Stuart says pay them a certified $10, because the total is unknowable, only an increasing, uncorrect monthly bill from CMI that they refuse to accept payments on???
Got a single service rep 3 months after they said it would cost me $84 said she’s here to answer any problems I have will be sending her the three unanswered QWR’s and the debt validation letter.
Also the Fannie rep said CMI wants to see my complete tax filings including schedules. Feel like telling them you show me yours, and I’ll show you mine.
@Steve Jungers All good questions, observations.
Remember – it is not your burden to track down the trust and confirm to the court it exists.
You are gathering evidence from reliable sources that cast doubt on the validity of the alleged trust.
Make the allegation – very specific to the findings – attach the evidence to back up the statement.
Now, the ball is in their court. Will they ignore your evidence and hope the judge does not see it? Will they submit evidence to the court that shows your evidence was wrong?
Who knows?
The point is, gather the evidence, submit the allegations and sit back to see what the reaction is.
This is like a game of chess – you move your king – they move their pawn.
Make sense?
Mary…I just sent an email to the administrator with attachments on the Trust. I will continue to check this site as well as my email account. Thank you so much.
Thanks Mary
From: Mary Malone
To:
Sent: Saturday, June 1, 2013 9:41 PM
Subject: Active Duty Military Unlawfully Evicted from his Home by Emigrant Bank
Hello!
I’ve started the petition “Emigrant Bank and US Congress: Stop Emigrant Bank violations of the SCRA” and need your help to get it off the ground.
Will you take 30 seconds to sign it right now? Here’s the link:
http://www.change.org/petitions/emigrant-bank-and-us-congress-stop-emigrant-bank-violations-of-the-scra
Here’s why it’s important:
PO Worrell has served in the US military with distinction for nearly two decades. He is an active military based in Palm Beach Florida. While he was deployed overseas, Emigrant Bank foreclosed on his home, in violation of the SCRA. PO Worrell fought the foreclosure and Emigrant Bank has violated the SCRA numerous times. Over the Memorial Day weekend, while PO Worrell was serving overseas, Emigrant Bank violated a court-ordered stay and their representatives evicted Mrs. Worrell, changed the locks and gave the family 10 hours to remove their belongings. PO Worrell arrived home a day later – Emigrant Bank forced the Worrell’s to leave the property. Emigrant Bank reps then removed valuable documents like medical records and other personal items – and threw the documents onto the street. Emigrant Bank’s acts are egregious – and their lawlessness must end. Please sign the petition and gather as many signatures as you can.
Please sign my petition.
Thanks!
Mary Malone
An Irish Homeowner Goes to Trial – Mortgage Securitization on the Docket
Now for the first time in Ireland the issue of securitisation of mortgages is going to be heard in court. The ramifications of this will affect almost every mortgage in the state, as the vast majority of mortgages have been combined into financial instruments and sold off as securities to other investors. It was this kind of securitisation that inflated the banking system to a state of bankruptcy and caused the financial bubble that sees us now forced into living under austerity.
Link to the story on http://www.stopforeclosurefraud.com
Bankster Moves Forward With State Court Judicial Foreclosure In Case Where Constitutional Challenge To Colorado’s Non-Judicial/Public Trustee Proceeding Remains Open; Judicial Review-Evading Bankster To Federal Judge: ‘You Must Dismiss This Action – The Case Is Moot!’
In Denver, Colorado, The Denver Post reports:
Amid confusion over whether a federal judge can still decide if an Aurora woman’s constitutional rights are violated by Colorado foreclosure laws, U.S. Bank has filed a lawsuit in state court to take the house.
A flurry of documents filed in the federal lawsuit Lisa Kay Brumfiel brought against the bank and some of the state’s top foreclosure lawyers indicate that a giant question mark remains: whether Colorado foreclosure law violates the 14th Amendment right to due process and whether a federal judge can still take on the issue even if it doesn’t affect Brumfiel anymore.
Read the rest of the story here…
http://homeequitytheft.blogspot.com/2013/05/bankster-moves-forward-with-state-court.html?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+TheHomeEquityTheftReporter+%28The+Home+Equity+Theft+Reporter%29
Very interesting article that delves into the implications of Title for all homeowners
http://www.amvona.com/featured/economic-analysis/item/38-houston-weve-got-a-problem-bevilacqua
Excellent white paper from non-profit foreclosure defense group in NY:
http://www.mfy.org/wp-content/uploads/MFY-White-Paper-JUSTICE-DECEIVED.pdf
I have some good news.
A NJ homeowner foreclosure was dismissed.
The bank – filed the foreclosure complaint in their name. The homeowner knew the alleged mortgage was in a trust, but could not obtain the name of the trust.
He sent at least 7 QWR letters – finally, on the last one, someone at the bank provided him with the name of the trust.
Then, he was off to the races. He obtained the Pool Servicing Agreement, which had the closing dates and the bank was not a party to the trust.
In NJ, we have the fair Foreclosure Act which requires the lender to foreclose in their own name. Once the “lender” was locked into the case as foreclosing only in its name, it could not move.
The “lender” was not the real party of interest with the rights to enforce the Note. It was over.
Another homeowner suspected his alleged mortgage was in a purported trust and called the bank – asking for the name of the trust. Finally, after the umpteenth time, a bank employee slipped up and gave him the name of the trust.
So guys, keep at it. Call, write QWR’s, Debt Validation letters and keep at it until someone spills the beans and gives you the name of the trust.
Once you have that info, it’s an entirely new ballgame.
Mary…….I may be too late. My condo sold at auction back to the bank…..(Bank of America/Fannie Mae.) I went to the SFJ hearing very prepared, but wasn’t allowed to speak. Marshall Watson failed to send me notice of the hearing, so I only found out about it the day before. I went without an attorney or court reporter…..big mistake! Fannie is probably going to offer me a cash for keys deal….but I really don’t want to leave my home! I’ve been here 13 years, I’m handicapped due to a hip replacement surgery that didn’t go swimmingly. I’ve paid 117k on this condo that’s now worth around 100k.
Is there anything one can do at this late stage to stop the transfer of title back to Fannie?
I sent the QWR to Bank of America, they never responded….. sent the “No knowledge/fault letter to Marshall Watson…..twice….they never responded. It may be too late to appeal to a higher court since the final judgment was more than 30 days ago….
I’ve joined AFN and What Lies in Your Debt….read almost every word of this post…..but still not sure what to do. There are only a few attorneys in Florida that “Get it” and I really can’t afford them!
Homelessness doesn’t appeal to me at the ripe old age of 56!
Any suggestions? (I tried to keep this brief……)
You are a life saver…..even if you can’t help me!!!!
Scott in Clermont Florida
[email protected]
I am so sorry to hear that your home has been sold.
I am not an attorney and have not reviewed your docs, but from what you have stated in the post it sounds like BOA filed the foreclosure. Since the property reverted to Fannie in the sale, it is safe to assume that Fannie was calling the shots on the foreclosure and BOA acted as its agent.
Does that sound right?
First of all, it is never too late. It is harder at this stage, but it is not impossible.
You are a member of Anti Foreclosure Network – I think we should tap into this brain trust first. Is this your email? I’ll help you get in touch with some people who can help you.
Hang in there – OK?
Mary, Well, I must say, your positive attitude is even more refreshing when it is aimed at me!
Yes….that is my email, and I will be looking forward to hearing from someone!
Thank you so much!
I’ll sleep a little better tonight because of you!
Scott in Clermont
Hi Mary,
I have been looking at your blog, and reading the comments. I have not read all of them, but some of the ones I have read are very interesting and helpful. I am researching on behalf of my friend who has his mortgage with JP Morgan Chase. His house is in the SF Bay Area in California. More specifically, it is in San Mateo County. He is in foreclosure, and his first sale date was supposed to be in May. He hired an attorney at the last minute–two days before the sale. The attorney did get the sale postponed, until later this month–but then told my friend that he needed an additional $2,500 to do a loan modification. My friend does not want a loan modification. He also does not want or need to file bankruptcy. Before he learned about all the rampant fraud that the banks have been committing–all he wanted was an accurate balance due amount, so that he could stop the foreclosure by becoming current again, without having to pay again, what he already paid. Now he wants to find out if there is any fraud in his mortgage, and he wants to sue Chase, and if possible, have his mortgage declared void. He is willing and able to pay a reasonable and fair amount for the right kind of help – but he is not willing to throw his money away. If Chase has indeed been accepting money from him (over the years), that they have no legitimate claim to, I am certain that he will also want to eventually sue to get that money reimbursed to him. I am also certain that he would have no problem with pressing criminal charges against Chase, if evidence can be found which warrants such charges. We want to find out who actually owns his note, and intend to demand in the letters I am working on, that they produce the original note with wet ink signature, for his inspection.
The new sale date is either the 25th or the 26th. His original mortgage was with a company called Washington Mutual. I think Chase bought them out or something. About 15 months ago, he was also in foreclosure, and he went to the local branch and asked how much money it would take to get current. They gave him an amount of $8,200. It was actually a little more than that–less than $100 more, but I can’t remember the exact dollar amount. Anyway, he went to his credit union and got a cashier’s check for the exact amount, and brought it to them. They said it got him current, and then he went back to them for each of the next three months, and paid his payments. However, each time he got a hassle from them. They claimed that they could not find his loan number, and said that his loan was not in their system. They kept having to force his payment through. He got frustrated and offered to pay them six months in advance, and they would not take it. They claimed that they COULD not take it. Ever since then, he has been getting the run around from them. The cashier’s check (which his has photocopies of) was never acknowledged or credited to his account. He has been going around and around with them, trying to get them to give him an accurate balance due, and they keep denying that they ever got the cashier’s check. Naturally, he did not want to pay that amount twice. In January of this year, the check finally got posted, but then the posting disappeared. He has all kinds of documentation, and he has faxed this documentation to numerous fax numbers, but it has done no good. He was beginning to suspect that someone pocketed that check.
He and I have both just recently learned about all the fraud that is being committed by the banks, and we have reason to believe that some kind of fraud has also been committed in his case, even though his mortgage is a long standing one, with a great deal of equity. I talked to one person who does the same kind of thing you do, and this person forwarded a link to your blog to me. This person also suggested that Chase might be attempting to steal my friend’s house because it has so much equity. That makes sense to me, in light of all the documentation I have seen, while trying to help my friend resolve this problem.
I attempted to do a search to see if his mortgage was under Freddie, or Fannie, or MERS. Neither Freddie nor Fannie had any record, but when I tried the MERS link, all I got was ACCESS DENIED.
I am doing my best to help my friend with the research, and I am going to alter the necessary documents so that they fit his specific details. Yesterday, we went to the post office to get some certified mail green cards and the labels that go with them. I just found the name and address of the CEO of Chase, and I will be addressing one of the letters to him.
My friend and I are both Newbies, and we want to make sure that we are doing this right, and sending the right letters to the right people. In the next few days, we will be going to the County Clerk’s office and getting a copy of each document filed against or for his mortgage. I am then going to follow advice I have been given, and check out all the notaries to see if they are legitimate. If not, then the documents will not be authenticated.
He and I will be doing all the leg-work and research ourselves, but we do need all the accurate advice and help we can get. I have no money at all, but he does, and he will pay a reasonable and fair amount, as long as he is convinced that he can trust that the money will be well spent.
Thanks in advance for your help. Please email me, if you can help us find the proper channels for my friend’s case.
Susan
Mary, I just wrote a really long comment, and when I got ready to submit, I clicked the submit button twice, because I thought it had frozen up on me. So, it said that I had already posted my comment. That would be fine, except that now, it is not showing and I can’t find it. If it tells me that this comment is the same as the other one, I am going to be rather distressed, because the other one is still not showing in the posts, and my friend that I wrote about really needs help. If this one does go through, and if the other one does not, would you please email me so that I can fill you in on the details of my friend’s case, that I wrote you about? Thanks so much. My friend really needs good advice about his case, and I am doing everything I can to find the right answers for him.
Susan
Mary, I am getting ready to run a: “Defendant’s Motion to Vacate Final Summary Judgment and set aside Foreclosure Sale/Certificate of Title” to the Courthouse.
Is it also necessary to attach an Affidavit? (I’m not even sure what that is…..but read on “What Lies in your Debt” to do so.)
Any thoughts????
P.S. Should I accept a cash for keys offer to stay in my home a little longer? In Florida, there is no eviction process and the Sheriff can have you out in 24 hours.
Mary, I am getting ready to run a: “Defendant’s Motion to Vacate Final Summary Judgment and set aside Foreclosure Sale/Certificate of Title” to the Courthouse.
Is it also necessary to attach an Affidavit? (I’m not even sure what that is…..but read on “What Lies in your Debt” to do so.)
Any thoughts????
P.S. Should I accept a cash for keys offer to stay in my home a little longer? In Florida, there is no eviction process and the Sheriff can have you out in 24 hours. Thanks!!!!!
Thanks to the people who signed PO Worrell petition –
I never ask for anything – but I am calling in all favors now. I need for everyone here to sign this petition and send it to at least 10 of their friends.
We need to get a groundswell of support behind PO Worrell – he has served our country with distinction and honor. It’s time we pay it forward.
http://www.change.org/petitions/stop-emigrant-bank-s-violations-of-the-scra-help-po-joseph-worrell-save-his-home?utm_source=guides&utm_medium=email&utm_campaign=petition_lonely
@Susan M I read your post – looks like you are on the right path to uncover evidence regarding your friends’ mortgage.
Lots here on the thread to read, absorb and then put into practice. We have answered many of the questions you have, so I suggest you pour yourself a tall one and just hunker down over the next several days and read the posts on the thread.
If I could sum it all up for you in a succinct sentence it would be, “Believe nothing, verify everything.”
So, first we need to take a good hard look at the alleged mortgage from the very beginning.
You state the originator was Washington Mutual, is that correct?
Chase purchased WAMU assets and liabilities. But Chase never purchased the securitized mortgages originated by WAMU. There would have been a separate transaction. It never occurred. There is a deposition called the Nardi deposition. Nardi was a Chase exec who testifies under oath that Chase never purchased the WAMU mortgages.There is a link on this thread, but you can Google it and it should pop up. This deposition is used by attorneys like Jeff Barnes to impeach Chase’s claim that Chase has the right to foreclose on WAMU mortgages.
Next, join the anti foreclosure network – afnetwork.org so you can plug into a national network of homeowners who are taking the fight to the banks as both defendants and plaintiffs. The members will help you find resources you need, and share their experiences. You must participate in the weekly conference calls every Thursday evening in order to get up to speed. The website is an awesome resource too.
The third step is to:
-Send a Qualified Written Request (QWR) to Chase (template on thread) certified mail, return receipt
-Debt Validation Letter (under Fair Debt Collections Practices Act) to Chase certified mail, return receipt. Be sure to send this separately, mail out 30 days apart. Again, template is on the site.
We’ll coach you along the way. I appreciate the offer of compensation, but I’m just a volunteer. I have found that it really takes doing the work for someone to truly understand and absorb the impact of all the banks bad acts. So even tho it may seem daunting to you now, take these first steps. Once you start, you will get hooked – like most of us do – and become an expert.
How does that sound?
Susan M
What she said…………..
This the link to the index I’ve been saying I’ll update for weeks. It will be updated this week and I’ll post a new link. Lots of links for info from this site condensed in one place. Please sign the petition (and everyone you know and your friend and everyone he knows) for Joe Worrell.
http://sdrv.ms/Zt7ufy
In the 1930’s the brown shirts in Germany acted with impunity from both the courts and the police….
SUSAN M
GRABBED THE WRONG FILE…THIS IS LINK TO LATEST INDEX1
The QWR template is #66
http://sdrv.ms/19IvwaC
It is well enough that people of the nation do not understand our banking and monetary system, for if they did, I believe there would be a revolution before tomorrow morning.
Henry Ford – 1922
90 years of fraud and deceit. Is it only porcupines who have their pricks on the outside?
@Rich Thanks so much for posting the links so Susan can get started on her searches.
You’re a great wingman.
And yes, Susan M and everyone else – we need for you to sign the PO Worrell petition. So far we have 35 signatures – our goal is 300,000
Let’s make some noise!
A number of NJ homeowners have contacted me recently, asking for recommendations on foreclosure defense attorneys.
I have referred a number of people to the law firm of Denbeaux and Denbeaux – so I thought posting the firms contact info may be helpful.
Josh Denbeaux is the principal and he has two associates who are quite good too. The firm is winning tough cases in NJ courts –
366 Kinderkamack Road
Westwood, NJ 07675
Phone: 201-664-8855
Fax: 201-666-8589
From their website:
http://www.denbeauxlaw.com/mortgageforeclosuredefense.php
“We are currently investigating unconscionable closing practices by lenders throughout New Jersey. If you are in foreclosure, please contact one of our attorneys to see whether you have the right to halt the proceeding. We are particularly interested in hearing from you if your loan was placed with or is presently owned by:
Chase
Countrywide
New Century
Wachovia
Washington Mutual
Wells Fargo
World Savings Bank
NY Attorney General Eric Schneiderman sued HSBC for violating state foreclosure statutes:
http://www.buffalonews.com/apps/pbcs.dll/article?AID=/20130604/BUSINESS/130609730/1002
This links to Buffalo News story that features links to the AG Memorandum of Law and Affidavits in Support of the Lawsuit
Thanks Mary. Not hard when your lead is an angel!
NEW INDEX!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
http://sdrv.ms/11jSm0u
It appears Emigrant Bank is peeved we called them out on their..alleged (ahem) violation of the SCRA in PO Worrell’s case.
I read the JAG Summary Report that lists all the violations of the SCRA committed by Emigrant Bank in the Worrell case since 2009. PO Worrell has the facts and the law on his side. IMHO Emigrant is pounding the table.
Guys – we need more signatures on the petition – let’s mobilize our anger, frustration and disgust at the TBTF by supporting PO Worrell in his fight.
There are now 34 signatures on this petition. Read reasons why people are signing, and respond to Mary Malone by clicking here:
http://www.change.org/petitions/stop-emigrant-bank-s-violations-of-the-scra-help-po-joseph-worrell-save-his-home?response=79e694c20450
Excellent post on Deadly Clear on WAMU and IndyMac:
http://deadlyclear.wordpress.com/2013/06/02/fdic-hide-sneak-and-seal/#more-4143
Thanks for the kind words regarding my beautiful dogs death by cougar-I’m still in a lot of pain but life goes on. This morning I found an affidavit from a securities auditor I think worth sharing:
http://www.legal-armor.com/documents/sampleaudit.pdf
Lots of great info. More later.
happy testimony
I”m Mr Robert jeffery who lives in the united state i am happy today because a friend of main direct me to a loan lender who first lend him the sum of $225,000USD and he was told to get the loan amount registered first before transfer,
he said he just have to try and do so,that was how the money was been transferred to his bank account,all this was because i try many lenders both online,bank.e.t.c just to support my business,but i was scam, my friend feet pitting for my lost, and he give to me his phone number,email,name.for me to contact him not to be afraid that i am not going to get the loan,
that he is not that kind of lender that scam people,that was how are contact him for help,that i am in need of $160.000USD and he told me he can be of help if i have the fear of God in me, to pay back his money. that GOD has blessed him to bless those people in need,
that was how i work through the procedure and the loan was transferred to my account i am very happy now when my business is going well with me, and my family.
if you too need his help contact him, his name Mr prince Kelly,email ID [email protected] if you have any problem with this email call the company number +2348057296972 thanks once again i will remember you throughout the world Mr Prince Kelly.
Robert Jeffery
The good people of this site and our sister sites have enough on our plates fighting fraud sanctioned by our government without dealing with your bullshit. Do something useful and sign the petition to save a soldiers home. NOW!
@Susan – It’s good to hear from you. I understand what you’re going through. Thanks for the link – lots of meaty info to share…
@Rich – Thanks for putting Robert Jeffrey in his place.
I have been helping individuals sort out their mortgage issues here in NJ- volunteering actually – so I haven’t been contributing lately. The challenge for me is – there is so much that we covered already, thanks to everyone’s contributions – I just can’t think of anything new to say.
I check the site numerous times throughout the day – so if anybody needs me, please don’t hesitate to hop on, OK?
Susan
The pain doesn’t go away, it mellows into experience. Fortunately the same holds true of all the memories.
Great link! So much complex law it’s like a book on chess gambits.
Mary…I know you are busy helping so many people, but I was wondering if you had a chance to check your email. I sent a couple of them and haven’t heard back.
By the way I met with an attorney yesterday who really understands this mortgage mess. He spent a couple of minutes looking through my assignments and quickly picked out a whole lot of fraud. In fact, he stated that mine looked worse than others he has seen. However, he is very expensive and I don’t have the money to use him. So I think I am going to have to fight this battle on my own. Quoted me somewhere in the neighborhood of $50,000 worse case scenario. Not so sure what he means by worse case, $50,000 sounds pretty bad to me.
FML
I thought perhaps you hit the 0 to many times. But you repeat. Seriously? Call the state BAR assoc. and ask what reasonable fees are. 50 grand? Did you inherit Monticello?