WHO’S YOUR LENDER?

Wizzer
You’re not in default and you’re doing this!? You rock!!! I had to reread Mary’s paragraph “Mozillo, Chairman of Countrywide…” three times. I wanted to be sure I was reading what she said and not what my mind wanted it to say. “I know you understand what I think you thought I said but I’m not really sure that what I said is really what I meant” syndrome.
OK I’m not a lawyer but I do love head games. Unfortunately I’m not a gambler and the stakes are quite high and the rules ambiguous at best.
A Note cannot be assigned. This is good. It must be negotiated. An endorsement need not be recorded. This is good. A mortgage or deed or security instrument is ONLY collateral for the Note. It is real property pledged to honor the Note so it must be moved by assignment and recording. The transfer of the Note by negotiation means the endorser must show proof of authority to negotiate. If the Note is endorsed in blank (normal) it becomes a bearer instrument. This is good. Now the Note’s endorsement needs proof of authority by both parties and a delivery and acceptance receipt. So now the Note needs all that paper work and the money trail (wire, cancelled check etc.) to show consideration for the purchase contract of the Note. Meanwhile back at the recorder’s office the security instrument is recorded and assignments are recorded to move the ownership of the lien on the real property to the owner of the Note. Sooo…. If the “owner” of the Note can’t prove possession with all the paperwork and money trail the collateral lien is meaningless. If the assigned lien can’t be united with the true owner of the Note (The lien holder doesn’t exist. Remember MERS is only a nominee for the lien holder. If the lien holder doesn’t exist they can’t authorize their agent to assign anything) then the true owner of the Note is holding unsecured debt with no legal way to reconnect. That the owner of the Note (whoever that can be proved to be) did not perfect the security is not the mortgagors’ problem. They didn’t ask the mortgagors’ permission to separate the Note from the security so how could the mortgagors’ grant permission to reperfect the lien when title has been clouded? The TBTF should really be asking themselves WTF.
BTW not only should the default be denied it should be affirmed upon information and belief the alleged mortgage note has been paid in whole or in part by undisclosed third parties.
I just happened to be working on the whole note, security, endorsement thing when you posted. I don’t remember where I got this or I would credit the author. Not me. But it is flippin’ awesome info about some of your questions.

Unbroken Chain of Transfers and Assignments
1. In the case of a Residential Mortgage-Backed Securitized Trust, it is always necessary for the Trust to establish an unbroken chain of transfers of the mortgage note from the originator to the trust. The objective of the securitization process is to make the mortgage notes as “bankruptcy remote” as is legally possible from any claims against the originator. Such claims would include those of a Trustee in a bankruptcy proceeding or the FDIC as a conservator in the case of a bank failure. The operative document for the mandatory note transfer rules in connection with mortgage notes is the PSAt. The applicable statutory law includes Articles 3 and 9 of the Uniform Commercial Code, the PSAt, any applicable special local statutes related to real estate law. Also, a mortgage note is transferred by negotiation. Negotiation means the transfer of possession by a person other than the issuer to a person who thereby becomes the holder.
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Originator to Sponsor to Depositor to Trust
2. In the simplest securitized model, the parties to the mandatory chain of transfers include the originator, the sponsor, the depositor and the designated Trustee for the Trust. Almost every Trust is organized as a common law trust under the laws of Delaware or New York. The legal rights of common law trust are limited to the rights granted in the statutory enabling instrument. Each tranche of bond holders has a different interest in the principal and interest income streams generated by the mortgage notes in the Trust or from fees and charges recovered by the servicers from the consumers. The originator may also have a residual interest in the Trust by virtue of acquiring the lowest-rated tranches of bonds. The rights of these bond holders are specified in the Pooling and Servicing Agreement, the Prospectus and the Prospectus Supplement. The issue of ownership of the mortgage notes is not the same as whether or not the Trust has a perfected security interest in the residential r
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Endorsement and Transfer of the Original Note
3. The original mortgage notes may be endorsed to a named transferee by each necessary party in the chain of transfers but: a. Generally, endorsements must appear at foot of the note if there is room for such endorsements (some cases have held substantial compliance is sufficient); b. If there is not sufficient room at foot or end of the note for such endorsements, then they may appear on an allonge, which must be permanently affixed to the note; c. The endorsements are not required to be notarized; d. The Endorsements do not have to be dated but must be signed by an authorized agent of transferor; e. If endorsed by an authorized agent, then some proof of the agency should be referenced and/or attached to the note; and f. The Trust should have a designated document custodian who holds the original notes for the Trust as well as all of the delivery and receipt certificates regarding the notes.
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Original Notes Endorsed in Blank But——
4. Original notes may be endorsed in blank by the originator but: a. If the first endorsement is in “blank” (no payee is named or designated) then the note becomes a “bearer instrument” by operation of law; b. There must be both a delivery and an acceptance receipt to document the transfer and delivery of the bearer note from the originator to the sponsor; c. There must be a delivery and an acceptance receipt to document the transfer and delivery of the bearer note from the sponsor to the depositor; d. There must be a delivery and an acceptance receipt to document the transfer and delivery of the bearer note from the depositor to the Trust; and e. The designated document custodian for the Trust should maintain possession of all such documents including the original bearer note. There should only be one original note.
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The Pooling and Servicing Agreement
5. The Pooling and Servicing Agreement includes origination and cut-off dates for mortgage notes and transfer and delivery dates for the notes to the Trust but: a. The Trust has no authority to accept an equitable transfer of a note. Since each transfer must be a true sale for purposes of creating the bankruptcy remote structure, all transfers must following the steps designated in the structure; b. The Trust has no authority to claim an equitable interest in a note that has not been transferred to the Trust pursuant to strict terms and guidelines of the Pooling and Servicing Agreement; c. All steps in the transfer process must be true and complete sales between the parties in order to qualify the Trust for what is called REMIC qualification under the Internal Revenue Code; d. The Trust has no authority to accept a note for no consideration as collateral for a mortgage loan obligation since each transfer must be a true and bona fide sale between the parties; and e. The
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Assignments of the Mortgage or the Deed of Trust
6. Assignments relate to real property instruments and have nothing to do with negotiable instruments or other non-negotiable instruments, which are regulated by Article 3 of the Uniform Commercial Code.
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Assignments Strictly Regulated by State Property Law
7. Assignments are strictly regulated by applicable state law. The following are important concepts as they apply to assignments: a. Statute of Frauds applies to assignments since these are real property instruments. You cannot assign a mortgage or deed of trust in blank. There is no such thing as a bearer assignment with respect to a mortgage or deed of trust. An “incomplete instrument” is a real estate document that would fail to transfer any statutory rights to the grantee. b. Assignments in the context of Residential Mortgage-Backed Securitized Trusts apply only to mortgages and deeds of trust. You cannot assign a note, just like you cannot assign a mortgage or deed of trust in blank. There is no such thing as a “bearer” mortgage or a “bearer” deed of trust. c. The authority of the assignor must be independently established of record for the assignment of a mortgage or deed of trust to be valid. If a party is executing an assignment as an agent for the true assignor of r
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Holder in Due Course Doctrine
8. The “Holder in due course” doctrine relates to the notes and has nothing to do with the mortgage or deed of trust. In order to assert a “holder in due course” status, the transfer of the note to the Trust via the required chain must occur before the note is in default and the transferee must take the note without knowledge or notice of any claims or defects in the document. If the note is in default during any link in the transfer process, the holder in due course status is lost.
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The A to D Invalid Assignment
9. Any assignment of a mortgage or deed of trust from the originator directly to the Trust is per se invalid. This is the case because such an assignment would disregard two essential players in the chain of assignments–the sponsor and the depositor. Since this aspect of the securitization process is controlled by applicable state real estate law, the Trust would have to be able to establish “good title” to the mortgage or deed of trust from the depositor. This could never be established with an originator assignment directly to the Trust assignment.
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The A to D Invalid Negotiation of the Note
10. Any transfer of the mortgage note from the originator directly to the Trust would likewise be per se invalid. This is the case because such a transfer would disregard the “true sale” of the same note from the originator to the sponsor and the subsequent true sale from the sponsor to the depositor. Any “late” transfer of the note from the originator to the Trust would also be invalid because at that point in time the originator would have no ownership rights in the note. Under the Pooling and Servicing Agreement, the Trust may only purchase the note from the depositor. And, since each transfer must constitute a true and complete sale between the parties, consistent with the Pooling and Servicing Agreement, the Trust must be able to establish an unbroken chain of transfers and deliveries from the originator to the Trust. These rules apply whether or not the notes are endorsed to a named payee in each instance or are endorsed in blank at any process in the chain of transfers.
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Affidavits
11. With respect to affidavits, simply attaching documents without first laying a proper evidentiary foundation for the admission of the documents is simply hearsay. Statements such a person collects and maintains as records and documents of a third-party do not satisfy the business records exception to the hearsay rule. The affiant must be able to state that the attached documents are created or maintained in the regular course of the affiant’s business, that their creation and maintenance are part of the regular course of the affiant’s business, and that the records were created at or about the time the transaction was recorded. The mere filing of records or documents maintained by other entities is insufficient to qualify the documents as business records. The need for such authentication applies to the assignments of the mortgages and deeds of trust and to the endorsements transfer and delivery receipts for the mortgage notes. In addition, if any part of the affidavit is based on d
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Destroyed or Lost Notes
12. The enforcement of lost or destroyed or stolen mortgage notes is another issue that comes up in many of these cases. Under Section 3-309 of the UCC, a person not in possession of a mortgage note is entitled to enforce the instrument if the person seeking to enforce the instrument was in possession of the instrument before it was lost or who has directly or indirectly acquired ownership of the note from a person who was entitled to enforce the note when the loss of possession occurred and: a. The loss of possession was not the result of a transfer; or b. The loss of possession was not the result of a lawful seizure of the note; or c. The person cannot reasonably obtain possession of the note because: i. It was destroyed; ii. Its whereabouts cannot be determined; iii. It is in the wrongful possession of an unknown party; iv. The unknown party cannot be found; v. The unknown party is not amenable to service of process; vi. A reasonable search has been made for the no
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The After-Acquired Property Doctrine
13. The “After Acquired Property Doctrine”. Wickopedia says this is a common law doctrine which is applicable when real property or personal property to which party A obtains title only after falsely selling the property to party B for value. The actual sale occurs when party A did not have proper title. An example would be Colonel Sanders pretends to sell “My Old Kentucky Home” to Daniel Boone for $1000 (US) but does not own the property at the time and then uses the money to actually buy that same property from the true owner. The apparent outcome would be that Colonel Sanders and not Daniel Boone would own the property. Because the result of the set of transactions would be an injustice, a legal concept called the “After-acquired-title doctrine” vests the legal title in the property in party B even though buying it before party A had legal title to the property and therefore, had no right to transfer the title. This is an application of the principle of equity to property law. Hist
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@Wizzer In answer to your question, BOA could always cook up an Assignment of Mortgage, or make the claim in future legal action that BOA acquired CW loan when they purchased CW as an operation of law. Check your state court rules on corporations for confirmation.

That’s not necessarily true tho, because accounting rules in securitization call for all securitized loans to be held off balance sheet, meaning they are neither assets or liabilities. Unless BOA has documents to prove that they purchased securitized mortgages listed in a schedule of mortgage loans as a separate transaction, then they have bubkas, as my Jewish friends would say.

Make sense?

Mary

Do you have anyone who can help in Va??? there is no help for home owners and we have no rights 🙂 I need someone familiar with mortgage fraud bc from what I understand judges here don’t care about robo signers, fake signatures or anything only the deed itself. Please email me asap [email protected] so I can explain our situation.

thank you so much
k

@Screwed in Va I am sorry you are going thru this ordeal. Unfortunately, there are very few good attorneys handling foreclosure defense cases in Virginia.

Many of the attorneys who handles foreclosure are BK attorneys. In a state like VA, BK is no walk in the park for homeowners either.

But, I read this article in a Law Journal awhile back – two VA attorneys who practice foreclosure defense give advice to other attorneys – I liked their POV.

Here’s link to the Journal:
http://www.vsb.org/docs/sections/realproperty/feesimplenovember2011.pdf

“Virginia foreclosure law is governed by the terms of the Deed of Trust, or, if incomplete, by the
applicable statutes of Title 55 of the Code of Virginia. Therefore, the UCC does not govern a foreclosure, but can assist in making legal determinations, such as “who is the party secured by the Deed of Trust.

The Deed of Trust is quite clear: only the Lender, or its successor in interest may invoke the power of sale and appoint a substitute trustee. If one other than the secured party appoints the substitute trustee or invokes the power of sale, then title flowing from the transactions carried out by said substitute trustee may be void, and an action to remove unauthorized documents in the land records will succeed causing title to revert to the foreclosed homeowner.”

The article written by:
* Christopher E. Brown is the principal of Brown, Brown & Brown, P.C. He has practiced
foreclosure defense since 2008. He obtained a B.A. from Duke University and a J.D. from Georgetown University Law Center. He is a member of the Virginia State Bar and the District of Columbia Bar and can be contacted at [email protected].

** R. Michael Smith is an associate at Brown, Brown & Brown, P.C., a firm emphasizing a
foreclosure defense practice. He obtained a B.A. from the University of Virginia and a J.D. from the
University of Virginia School of Law. He is a member of the Virginia State Bar, and its Real Property
(formerly an Area Representative) and Construction Law Sections. Previously he has served as an underwriting counsel for Chicago Title Insurance Company, Stewart Title Guaranty Company, and the title insurance companies of LandAmerica Financial Group. He can be contacted at
[email protected].

I like the way they are thinking – so you may want to reach out to these two attorneys and ask for a consultation. From their writings, they appear to think out of the box – which is what you may need.

Also, I suggest you conduct the following:
-Mail Qualified Written Request to the servicer, certified mail, return receipt
-Debt Validation letter to the servicer – gain certified mail, return receipt.

Then –
Purchase “Fighting the Foreclosure Machine” on Amazon or ebook on http://www.fightingtheforeclosuremachine.com

There are templates for letters you can mail to the servicer and any other party who claims to hold/own your Note. Mail these letters out ASAP certified mail, return receipt.

If you have any questions, please hop back on and we’ll be glad t help.

@Fred Perfect timing, my friend. I just finished typing the affidavit NY state courts require attorneys for banks to sign and submit. Here ya go!

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ——-

Plaintiff:

v.

Defendant(s):

AFFIRMATION

Index No.: (You may not have this in nonjudicial state)

Mortgaged Premises: Your address
N.B.: During and after August 2010, numerous and widespread insufficiencies in foreclosure filings in various courts around the nation were reported by major mortgage lenders and other authorities, including failure to review documents and files to establish standing and other foreclosure requisites; filing of notarized affidavits which falsely attest to such review and to other critical facts in the foreclosure process; and “robosignature” of documents

_____________Esq., pursuant to CPLR §2106 and under the penalties ofpe1jury, affirms as follows:

1. I am an attorney at law duly licensed to practice in the state of New York and am affiliated with the Law Finn the attorneys of record for Plaintiff in the above-captioned mortgage foreclosure action. As such, I am fully aware of the underlying action, as well as the proceedings had herein.

2. On [date], I communicated with the following representative or representatives of of Plaintiff, who informed me that he/she/they (a) personally reviewed plaintiff’s documents and records relating to this case for factual accuracy; and (b)confirmed the factual accuracy of the allegations set forth in the Complaint and any supporting affidavits or affirmations filed with the Court, as well as the accuracy of the notarizations contained in the supporting documents filed therewith.

Name Title

3. Based upon my communication with [person/s specified in if2], as well as upon my own inspection and other reasonable inquiry under the circumstances, I affirm that, to the best of my knowledge, information, and belief, the Summons, Complaint, and other papers filed or submitted to the Court in this matter contain no false statements of fact or law. I understand my continuing obligation to amend this Affirmation in light of newly discovered material facts following its filing.

4. I am aware of my obligations under New York Rules of Professional Conduct (22 NYCRR Part 1200) and 22 NYCRR Part 130.

DATED:

N.B.: Counsel may augment this to provide explanatory details, and may file supplemental affirmations or affidavits for the same purpose.

[Revised 11/18/l O]

@ Mary I messed up. I sent you 3 different emails using an incomplete email address. I resent it. I hope you can supply me with the missing part. In another item I sent BoA the Validation and Verification certified letter which they signed for on 6-8. They 5 business day to acknowledge was up 6-14 – No response. The 30 day period to furnish the requested information ends tomorrow. If you have misplaced my email address it is [email protected] or if you have the other one use it.

Wizzer
They can outlaw automatic weapons but cut / paste is here to stay! IMHO you are in the driver’s seat. You have every right to demand to see the Note and all the required endorsements, transfers, receipts, affidavits of signatories – in short a lot!! You are the perfect candidate for quiet title. Read and enjoy the following:

WHY MORTGAGE ASSIGNMENTS ARE UNENFORCEABLE
Excellent post on Mandelman Matters

GUEST POST: Welcome to Freddie and Fannie’s Mortgage Shell Game,
By Shawn T. Newman, J.D.

Did you know that Fannie & Freddie had a policy stating that they didn’t want to receive “notes?” I didn’t.
Meet a reader of mine, attorney Shawn T. Newman of Olympia, Washington. An exceptional and highly experienced lawyer who fights for the rights of homeowners, among others. A professor at both undergrad and graduate levels, and an exceptionally nice person who is both very knowledgable and very easy to talk to. Washington State homeowners should know of him, as should the other foreclosure defense attorneys around the country. As he says, he’s not terribly well-connected, so I said I’d would certainly help connect him. Unquestionably, he’s one of “US.”
As a public sector lawyer, Shawn has worked as a Washington State Assistant Attorney General (Education Division), Evergreen State College Legal Counsel, Washington State Senate Staff Counsel (Senate Committee Services) and as a Public Defender. In his private practice, he represents various individuals, community groups, for profit and non-profit organizations and businesses.
Shawn is currently General Counsel to Saint Martin’s University and has served on the editorial board of the Journal of College and University Law. He is a member of the Washington State Bar Association, Washington State Trial Lawyers Association and the National Association of College and University Attorneys. Mr. Newman also serves as Washington State Director for the Initiative and Referendum Institute, based at the University of Southern California.
Shawn is a graduate of Notre Dame Law School and Ohio State University. While at Notre Dame, he received a fellowship from the White Center for Law and Government and served as the Legislative Research Editor for the Journal of Legislation.
Shawn’s Guest Post follows, but also be sure to look for him in his upcoming Mandelman Matters Podcast. And starting today, you can also find his contact information as the latest addition to my Trusted Attorneys tab. We need a lot more lawyers like Shawn, but I’m sure glad he’s with us and representing Washington State homeowners.
Mandelman out.
That’s Shawn appearing before the Washington State Supreme Court
Welcome to Freddie and Fannie’s Mortgage Shell Game
By Shawn Timothy Newman, J.D.
Adjunct Professor
Saint Martin’s University
In common parlance, a mortgage (or Deed of Trust) includes the underlying loan (promissory note) and the security on that loan (mortgage or Deed of Trust). This ignores the fact that the note and mortgage (or DOT) are two separate contracts governed by some different laws and legal principals.
As noted in Powell on Real Property, sec. 37.27 [2] (Michael Allan Wolf ed., LexisNexis Matthew Bender 2010)
It must be remembered that the mortgagee has two interests: (1) the debt or obligation which is owned to him, and (2) the security interest in land represented by the mortgage…. In fact, the primary interest is the personalty debt obligation. The interest in land which is available in case security is necessary because of the debtor’s default is considered as collateral interest. Much trouble has been caused by mortgagees attempting to transfer only one of these two interests. Where the mortgagee has “transferred” only the mortgage, the transaction is a nullity and his “assignee,” having received no interest in the underlying debt or obligation, has a worthless piece of paper.
Regarding #1, the debt is the loan contract (i.e. the promissory note). Promissory notes are governed by the Uniform Commercial Code (UCC) Art. 3 (Negotiable Instruments). The UCC is a uniform law adopted by every state. In addition to promissory notes, negotiable instruments include checks. Like a check, you must negotiate (deliver with proper endorsements) the promissory note to another for that person to claim ownership of the promissory note. Absent proper negotiation of the note, another party cannot claim ownership. So, for example, you find a check made payable to someone else and it is not endorsed to you; you cannot cash it because you are not the owner.
Regarding #2, the security on the debt (i.e. mortgage or deed of trust), is a contractual interest in land with the home buyer designated as the mortgagor and the lender/creditor as the mortgagee. Because a mortgage/DOT is an interest in land, the Statute of Frauds requires such contracts to be in writing and signed to be enforceable. Any assignment of a mortgage or deed of trust must be in writing and signed to be enforceable. Agreements that violate the Statute of Frauds are void and unenforceable as contracts. There are some exceptions to the Statue of Fraud’s writing requirement including an admission in court and under oath “by the party to be charged” that there is a contract (this can be done via discovery). So, as is the case with most mortgages, they are sold by the originating bank (or mortgage company) to either Freddie Mac or Fannie Mae. This is known as the “secondary mortgage market” (secondary, since Freddy and Fannie don’t originate the loans but buy them up from the banks and mortgage companies that do). According to Freddie Mac’s website:
Every day, Freddie Mac provides a continuous flow of funds to mortgage lenders. We do so not by making individual mortgage loans to consumers; instead, we support the U.S. home mortgage market by providing money directly to lenders, ensuring that the system is liquid, stable and affordable. To fulfill this vital mission, Freddie Mac buys residential mortgages and mortgage-related securities and guarantees mortgages made by lenders. We issue debt securities to the global capital markets to fund the purchase of mortgages and mortgage-related securities we hold as an investor. We also create and sell mortgage-related securities to the capital markets, providing a guarantee to investors on those securities.
Freddie Mac pools the mortgages it purchases from lenders across the country and packages them into securities that can be sold to investors. These investors include the lenders themselves, pension funds, insurance companies, securities dealers, commercial and central banks, and others. Freddie Mac also is one of the largest investors in mortgage-related securities, purchasing and holding in portfolio a portion of our own securities and those issued by others.
http://www.freddiemac.com/corporate/company_profile/our_business/securities.html
If Freddie or Fannie truly “own” your mortgage, they have “legal title” to the property and are the “real party in interest” to foreclose.
However, this brings me to an issue raised by Professor Dale Whitman in his article, “How Negotiability Has Fouled Up the Secondary Mortgage Market, and What To Do About It,” 37 Pepp. L. Rev 738, 757-758 (2010):
While delivery of the note might seem a simple matter of compliance, experience during the past several years has shown that, probably in countless thousands of cases, promissory notes were never delivered to secondary market investors or securitizers, and, in many cases, cannot presently be located at all. The issue is extremely widespread, and, in many cases, appears to have been the result of a conscious policy on the part of mortgage sellers to retain, rather than transfer, the notes representing the loans they were selling.
This “policy” was created by Freddie and Fannie and clouds who actually has legal title to the property (i.e. mortgagee) and who “owns” the note.
First, as noted above, it is important to understand that a mortgage contract is an interest in land and, as such, must be in writing to be enforceable per the Statute of Frauds (or fall within one of the exceptions such as an admission in court). Any “sale” or assignment to Freddy or Fannie must also be in writing per the Statute of Frauds. Some states (like Ohio) require such transfers to be recorded. If you are challenging a foreclosure action, the mortgagor (borrower) should ascertain if a servicer (loan originator or its successor) has sold the mortgage to Freddy or Fannie. This can be done on line at either:
https://www.freddiemac.com/corporate/
http://www.fanniemae.com/loanlookup/
Chances are Fannie or Freddie “own your mortgage.” If you are in litigation, you should follow up with targeted discovery requests to the servicer confirming the servicer does not “own” your mortgage. Moreover, you should inquire and demand any records showing Freddie or Fannie assigned the mortgage to the servicer. Servicers will point to Freddie or Fannie servicing guidelines which basically provide that the servicer forecloses in its (the servicer’s) own name. Given a mortgage is an interest in land and the requirement under the statute of frauds that such contracts be in writing, the servicer’s standing to foreclose can be challenged absent some proof that the mortgage was specifically assigned by Freddie or Fannie to the servicer. Legally, Freddie and Fannie must assign back the note to the servicer. In fact, Freddie has a specific form 105 to do so.
See: http://www.allregs.com/tpl/Main.aspx [Sections 66.17 and 66.54].
However, Freddie and Fannie’s guidelines have evolved over time and you may find that there is no such assignment in most cases. Unless there is a written assignment from the mortgage owner (Freddy or Fannie) to the servicer, the servicer cannot foreclose for the simple reason they are not part of the mortgage contract. Simply put, only the mortgage owner can foreclose on the mortgage contract. Moreover, if the assignment of the mortgage is invalid or fraudulent, then there is a “cloud on title” which should be identified by title and mortgage insurers.
Second, according to Powell on Real Property section 37.27 (quoted above),
It must be remembered that the mortgagee has two interests: (1) the debt or obligation which is owed to him, and (2) the security interest in land represented by the mortgage …. In fact, the primary interest is the personalty debt obligation. The interest in land which is available in case security is necessary because of the debtor’s default is considered a collateral interest. Much trouble has been caused by mortgagees attempting to transfer only one of these two interests. Where the mortgagee has “transferred” only the mortgage, the transaction is a nullity and his “assignee,” having received no interest in the underlying debt or obligation, has a worthless piece of paper.
Given what Professor Whitman describes as a “conscious policy on the part of mortgage sellers to retain, rather than transfer, the notes representing the loans they were selling,” it would appear that any alleged “sale” of the note or mortgage to Freddy and Fannie is a fraud. By analogy, you cannot cash a check that is not in your possession or that is not made payable to or endorsed to you. Not only is the sale of the note a sham where there is no delivery and/or endorsement of the underlying loan/note to Freddie or Fannie, if their records (per the website) “show that Freddie Mac is the owner of your mortgage”, then the unity of interest (i.e. loan/note and mortgage/security must be transferred together) is destroyed leaving Freddie and Fannie with nothing.[1]
This begs the question: why would Fannie and Freddy have such a policy given the laws governing mortgage contracts and promissory notes? Consider the fact that Freddie and Fannie are Government Sponsored Entities [GSEs] albeit private corporations owned by the major banks. It seems to me that Freddie and Fannie have been hijacked by the major banks and are being used to buy up bad mortgages and then seek a bailout from the taxpayers.[2]
__________________________________________________________________________________________
__________________________________________________________________________________________
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[1]

[2] Note: Freddie and Fannie are major stockholders in MERS which has some of the same legal problems regarding delivery and possession of the note. http://www.mersinc.org/about/shareholders.aspx

@RogerSharp88805 – Gee, I wondered where you went. I’ll be glad to send you a note in a few minutes.

@Wizzer – Gee, I’m sorry you spent money on an audit only to find out it was “owned” by Fannie. That info was available for free in the Fannie Mae lookup.

Sorry.

If the audit did not provide you with the name of the alleged trust your purported mortgage is in, you can send a FOIA request to Fannie, requesting the name of the trust – and a copy of the Pool Servicing Agreement. The only cost is mailing..

@Rich Thanks for posting this article. Very good intel for Wizzer and others with Fannie Freddie loans. I understand Statute of frauds terrifies many attorneys – and judges. Heh. You da man!

Thought this part of the sample PSA bears repeating

Notwithstanding the preceding paragraph, with respect to any Mortgage Loan which has been recorded in the name of Mortgage Electronic Registration Systems, Inc. (“MERS”) or its designee, no mortgage assignment in favor of the Trustee will be required to be prepared or delivered. Instead, the Master Servicer and the applicable Servicer will be required to take all actions as are necessary to cause the applicable Trust Fund to be shown as the owner of the related Mortgage Loan on the records of MERS for purposes of the system of recording transfers of beneficial ownership of mortgages maintained by MERS.

@Rich – Thanks so much for posting such a comprehensive answer to Wizzer on the PSA and MERS.

You’re a real gem!

@Mary Malone per your comment; 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.

I am in the state of Georgia, & I truly need help making sense of it all. I have all my docs printed from Deed room in my county, I have written & mailed my QWR Letter & the response simply said: We are in receipt of your correspondence dated January 16, 2013, which was received on 1/18/2013, by bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP, regarding the referenced loan.
The provisions of the Mortgage Reform and Anti-Predatory Lending Act that amend the response deadlines under RESPA have yet to take effect. Until such time these amendments take effect, we will continue to adhere to the current response deadline requirements under RESPA.
You requested information regarding the Owner of the Note for this loan, which is as follows:
Bank of America, N.A
po Box 5170
Simi Valley, CA. 93062
Attn: Correspondence Unit
Mail Stop: CA6-909-01-41
1-800-669-6607
Note: what was stated in this response does not match the info on my security title deed on file in my county???? Just need help making sense of it all????

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ZNtRbVxbiQK+c6mfUdDP/qdxfCbtfKnuvozoWmfPJ5z0joTEQEiaCWMji8bAee1bZI6g1z7jmPiK9a5MvMHgd3vFM5NGQ7+6jvv/AGa7/hUx/Edfmx7/AD/gl4fU8rD16411dXsYsOIjdzIFBILRmzrce0v3rG3hORFweVegtI6PikUo8UbofslFIPyy91qrDWXs7Kkvgjlv7pm8S24xud+fBjfrXd03tfD1PwTWn62v17HPNpOmS/BvtKG21kvezopUGxOVrmzDiOB4CncQ9ev4VyNBT98nfOhWU2WWxOyzgC5ZcrSA77qGG65Fq68Y9fn1rlS0za+/22++DyciqTQ5jPH17qf4cev5edMYvXryp2koVSzEBVBZjyVRdj8BXudG90ZFb9tjqZcKBbaEcpPRWddj5hqrW1dbWfTBxeJkmOQY+AfdjXJF9wzPUmkavaEkxc6QR5M2ZYi4RR7TsBwHzJA411yeqWx6+OOiCTJ92NavAmTGOvskxQkjiV+scc8m2ARzarLmXI3HyPU/dNK0fgkhhSKMWSNFRATnZefU5msTJ/Hl5fhrrhHTGjCM9U7OfMBfcN+6w5sfujlv8qrLWvXnZZosLY2NmmPiuRYWjG7K3tG/S1SftH02cPhSEJEsx7tSN6rskyOCNxAIA/vdKpY1lklp2R3qTSpHUXSEs+2ssjyFkOxtuTZxZhsjddtkiw3kjiafaC1bEqbb7RLZpGvh8NyO8lc5RpcEAWu1ssqd4LU6ygzSES7Ak7tLDuVK7QknkPsLxsBc7hc7uFpDEuVBEjbD3uBdVZo/CW2b/aGyx3Zsawa8m0Uo/FNWNMbGqyOEbaUMQG524jpvrWN1uf50i9KFSYN27PUXZxpX6VgsNKfbMZR/78R2G4cdi+/jUvqpewDG7WGmi/1c20PKVL/xU1bVUxMKKKKQgqrP7QE+zg4Fvm84+CRyH+NvjVp1T39ohvBghw2pzvzyWMbuPtHP9aARSL1rJpbUikMxWRQKwKAFq1TbUfXLFQvFhlnjWFm2R36F0jve1irKygtYb7C/AVBxSlNY58EMsHGatfqNOnsensMuNuu2+FZb5lY5FJXjs3kYX+IrpzVQeomtpgZop8ViY4SoCFCHETX+46sNkg8BYW3VbGh8dFKVePSQnUXJQmAXBFgGAUMtjXxfXezZ4Xu/lUX/AGVHTGepHSxP8Pyrk4jfnXUncG4DAnkGBIzHAGuZiBnXLhTWzPP6k5WJwwZtq5WTLxrvIG5XBydd4s17XyIOdYXFMlu9TLjLGCyZ8XjzePnfxDLfTlvW+lxG39OPPz/hXu4JN0nuea32ZuwsquodGDIdzKwK7+Y/rUY7UdJFMGsK/wCnexP4I7Pb3kDfwFSBsBGzbYBSTf3kbFJDb7xX29wFmBvTXH6tyT5SzieIWIimjCgMoPi24rHjbcL17vS8bDxOCmm2UnBA0jhEUs7GyqBdmPQVd/Z5qr9ChLSD/tMoHeWIIRQSViBHmCxF7noBT3RWi2w4Iw+DwUJIsXWVyTf731IYgfd2s77xvrt4OFlUCR+8e5JbZCXub5KCbKB4QCSbAXJN69TDjp2zbNn1KkOQcjTWZeXnu8vw9Kdj1/Wms53m27PdwG0eQ5VvYsPJRvadpEyY50vdIAsS5/a2VaQ+e2beSionDMVZWG9SGF911Nxf3it+kMSZJHkJuXdmv/fYn+Bpqa4JO2eijo6Q0/PMpR38DEsyr4Q7He753Y+Zt0rEOHkljjjjDOxlfZUdUW/lnxNPtH6pzSoj3VO8ziU32nUZlz9xACDtngRvJAOhdIvDHD3ZGyUcG9ztHvn2wc7gECM7OW4Xo37m8V3nwZm1ZmQeMxK1r7G3dzzAABBI865C11cXrA7oVSOKEH2jEgVmHIsADauUDSDN7rb3d/Utf+z3ibYzERffgV/91Jb/AJtX1XnvsCNtJP1wso/+WA16EoMAooooAKp7+0OngwTcmmXd95EO/wDd3fpVw1V3b9hi2ChYfYnX4Oki/wASKBooF611sYUikBisEVmkigDNZpIoFAC1NS7VLXVsIjRSRRzwEltlwNpSd5U7JyNvZI31DxSg1ZZcMMsdM1aBOt0ehMDIe6SSDBRRiZFkuJY0FnXaBbYQk7+ANLYvsjvAoe3iCsxW/DZLAEixG8DjlVL6E1vxeFXYil+rzsjqHUc9kHd7jarKwuncPiFumOcWsSuykTC4tsteLde4y386+a6n2dPFK9mvK1N/XmjLPujrMaUg3f0pk+kYrn6xSRwS7m/LZUE+vOnkDE2yIvnYjPyIzz4VWGLVXseXNUO4vXrjT/D1yI8Wu1srtOw3hF2+W9vYFuRYGung2uAbEXG5hYjoRc2PSve6S9jOmdEfCgUkUoGvdS2GjcK5GsMpjw2IkGRSCZt3ERMRwrrVD+03GLFo+cGwaUCJct5ci9rD7qsfIVnJ0jrwrcoTdYdB8qSTlS3O+tZrgPQJTpDXJ2jZIkEZdO7ZjmViUbKxx8ha5LHMlj0twT4oLD/Rv/lkHn99fnTOnOBxPdtcjaUgq45o3tAdeIPMCnZopOT3G9ZWt+Ow3dta9wQGVvvI3st7+XnWkUiWmnTLL7BP/E2/9tL/APpBXoeqG/s94YnF4iTgsCp75JAf+XV80yQooooAKhfa1hu80ZiRa5RBKP8AZOGv7heppXP0phllV4nF0kjZGHNXBUjfyNA0eQpBWtqfaSwLQyPC/txuyN5oSL+8WPvpkVpWBrIopxhMM0rBI1LsdyqCx87Dzqcav9msslmxDd0u/YXxSHzPsp8zWGfqMeFXkdFwxyn+VEA2acw6Nme2xFK192zG5v5WBvXojV3VbC4b9lAini7Xdzv+04vbIZCw6VJQbDkOA4V4eb8QwjJqEG/m6NPcNcs8uLq7iyLjC4kjph5Lf/WnWC1Ox0jBVweIB5vE0YHmzgKPjXpqkSbq5X+IsvaC/Vj9yvJSui+ymTJsVMEH3IvG/vc+FfcDU2wGiosMndwLsLvNsyx3bTMcyfPdUixQ31zMQPXx+NckvaGfqfzvbxwvv5nF1C7HJxENztBnRiLbSMBcC5FwQyta5AuNxOdJjwX35JXG7ZLAL1BCKu0N2RuN9hTlhy+VKT1wrvw5JbHmSbHMKAAACygWCgWAHRRkPLjT7D+uP9fOmMVPMN68693pNnZix8OFKApIO6lIOQr3+xSNnrz5Wqlu1/TglxC4dGGxh9ras1wZXttAgZXQDZ4+0w51LtftfkwytBh3DYk5FlzWHmSTkZLXsudt5qk3cm5NzvJJzJ4knzPGuXNNcI9Hp8bXxMQxpN6yTWK5zqMUV29X8bhUV0xMO2HI8YF2QKD7OYIzJNwc8sjauxpHUoEk4WQMRYmKQ2dQwDAZDkR7QBzoo2hhc1cd/TuRnSGIVhEq7o41Qm97ttMzHduu1rdKbAUqaFkYqwKspsQd4PI1gZXPLP4UiJNt2y+P7P8Ag9nCzSn/AEkth5RqAfMbRPzq2KiPZzor6LgcNC3t7Bd93tylpGG/htW3cKl1MlhRRRQIKa4nf7v1p1TXFbx5Gmhx5KA7adC9zju+UeDErtHKwEkYCPwG8BG89qoFhZ+7kVwqNsm+y67SHIghhxGdeie0rV443BOqg97Ee+iFibsqnaTcPaViPO2+vOJN8xUyQ+GWPq7rLNIAsGj8srsr7EVssySoyy5k+dT3Axtbx7JPHZUgC4Xwi4JNhx4/wqzQmtGkZyI4hG7AAbZjyUc3N9kD3cMgd1WDg9nCoDPK8sz2G0bl5WuSEhjsQFBG5bbrk18z1+CnSST8K2/rfCPYxZbjdtry6SJdgR6y/Qc6f2rn6OJsLgg8jbI5ZXGR866FfL5dmYZOQNJk3USSBQSSAACSSbAAbyTutVQa9dpzPtwYIlU3HEAkO2efdW9lfx799rb66uj6HL1U9MFt3fZffoYykoolOt+uuHwd0J7ybP6pDmuX+kbcnkc+lVnpHtHxchOx3cI4CNbsL7rs5N/gKiEshJJJuSSSTmSTvJPE9a1E19j0nsrBgjxb8v8AxwccqlydifWXFt7WJmPk5G7otqxhtZsXGbriJfexYZdGuK5ANF69BY4pUkv0J0rwTTR/aViUP1iQyj+6Ub/Ept8q7cXayAM8ISek+Xuul6q8UU4xUeEZvp8b7Fm4ntglIPd4WFTzeR3+IGzf41HNMa/43EKVaYIp3rEuwCM8ifa+dRasVs8kn3HHDCPCFbXCk3rF6DWZqZp5ovBCWVEZthSRtSEeGNdxZuQztnlcim0UTMQqgsxIAVRcsTuAA3k8qlmsuDfAQLhAhBlAeea2UrAkjDxn7kdgTzJvYC12kNLub4tTGhmWVis2GS8oKZs4j8SR7PN7AXFxv3VFZ8dI0zzElZWYsSLggk3I55culb9E6bnw37KQheKnND+6cvhTnWHToxQQmBI5FJ2nXe4tYDdew6k8KbrsaNw0/Dsch3LEsxJJNyTmSTxNSDUbQTYvGwQgeHbV5DyjjYFz79371R9Fq8ew/V8xQPi3yaeyx9IkJJb957+5BzqUZ8stSA5j1w86d0ywx8QzHoDqae1TCXIUUUUiQNNMT7Q8vz/lTs01xJz9360IceTQVN/z/wAP4a8+9q+qwweL241tBPd0sLBH3yR9N+0ByJ5V6CZc/wCXn+GuTrToOPG4d8PJkGsQwtdHQ3Vx5Ee8XHGm1ZbR5kwGk5oL9zK8e1v2Ta9t1+HE1YGocaRQtpHFSeJy8cckhLHZFw+yCDdmcEWHAHdc1AtNaKkw0zwyrZ0YqeR5OvNW3g8vfTCVzs7zkDbM+G++3K+/KuTqOnWaLjdXy1zXgrHkcXfJ6P1Z0icSomVSkDX7raFpJBtH6w2yVeAGZ3k8K7mGxSSLtRnaW7LcbiVYqbHiLgi+6qn161mVETAYFxdlSN5EIOypsqRqwsLnIsRwPCu32jabGjsDFhIMnki7pc844o1VXa4+0b2B5knhXyWX2fLJOFKnN7LxFctm8sm79CM9qevHfM2Ew7EQobSuD+1YfZBBvsKbjqRyGdaE0MaSPnyr63pumh0+NQgtl92zkbbdmCaxes+VYrpEAoNFFqACs1isgUAYNF6zagLQBg0A090To5p5o4VZFaRgoLnZUE7rn8t5JA41L9MM2iZe4wyWn2VJxTpd22gMsMMwiXyzBcnK4yFNIVq6OFofSa4WJ3QOMa3gQstlhiZTtSLffI3sg28Iua6mgdbVaP6Ljh3kB8KuRdoxw2iPEQDua+0vUU77RnnlTCd9HIZ44fr5ArFQ0gVglwCMhYm2QJI6VAlblVcFRk0d7WvQH0V1KurxSgtEbgkqLbwMiM8mGR6bq4lYucszluz3eXStkUZJAAJJyAAJJJ3AAbzUuuwNq9js6m6utjsVHh1yBu0jD7ESkbbeeYA6sOtem8LhljRY0UKiKFVQLBVUEAcOFRbs21R+gYc94AcRLZpD9wC2zEDYiy5nqSalyC1uG7l08udUkUlSN2FbxDPnlfz6nlT+mOFJ2hu9A/iPOn1Jky5CiiikSFNMWMx+l/yNOzTXFC5Hu/j5dKaHHk0EC+Y+VuHkKC2e/nx8/wAVKvn/AD8uorCH1e/DzPOmaEO7RdSF0hHtJZcTGD3bHc4uSY36G2R+ya88YzCvG7JIrI6khlYWZSLXBHOvW9iTuy8h16XqG9oeosePXbTZjxSjwyHIOADZJLDdya1x1F6lolrwedsLOY3VltdWVhfddSCL9LjdXV1t1kkx2IM0gC+EKqA7Soo5E8SSScuXKmeldGy4eRopkKSLvU/Ig8QeB3UxNZvHFyUmt1tfzFfYzFGWIVRdiQFA4scgPeSPjVpa145dDRx4PBBBiGQPPiCqtJmSABccSGIBuFAGWd6q6GQqwZTYqQQeRUgg/ECp1rLhzpWQYrCWaVkRZsMWVZUdBvQMQHjI3EE7j7uTqYassNf5Fbfi9qv059LHHZOuTVoKQ6VaWDELGcR3TSRYgKqSbcdvBLsgCRTcDMXFjUb0dq9PPHLJGm0IsnG0NoGxNlH2iADkM6negtHf/wAfDy4nFbIxUibEEO0C45lrbrtsk77BetNdB6TbA6JTE22nmxd+W0FLB/IkRMPfXP8A8iScvcq4tpLxe+qvSv3sidori3Lj+dZZCDYgg8iLfKprpPQCfT8OYhfDYl1kjI3Ae26dLWv5Nlurk694rvMdMfukRj9xQD/mLV3486m0l3V/vVEqduiPU90fomec2hhll57CMwHmQLDeN/OmtWD2dR/SMFpDB3ttKHUkkAMVsCbcNqNCelbiyT0xsjUmqssas08mGgsCQsk6GRrA+EIhY34Z2311OyzRcWIx6pNGsiCKRwri67S7NtobrZnI5VzU0Zg4wTLjQ7Z+DCws98svrJdhB7ga73Yyf+3sSbWw0p8vFHuq0t0Kbehm/SWrGHx0RxWivaGcuEyDoTxjF8v7oyNsjfKuzoDSb6QwjR2A0nhEIilkXac7ruC1u7lJUKWNyrbLcSaheE1hgwdjgEfvdnZ+kz5tY+0EhUmMA5e3tG3I0rWLXI4iSKeOIYfFoCJJo3N5Npdki1rWsTmbnO17AVVr+AUWa4ddNIwMVOIlJU2ZJrPYqbEHazvlnnn1rjaY0rLiZDLMQWIA8ICqoG4KoyApq8hYkkkkm5JJJJO8knO9ZiQkgAEkkAAC5JO4AcSeQrNybNdzCrerr7J9QmhtjMSv1hH1MbDOIEH61hnZyCLC11BJ3mwOzTs2EJXE41QZBstFCcxGd+1JwMm6y5hbc6tbYP8AUeXShIpI1GMcv8vn+GlBRz+fXz6UoD16tzrN/Xx61RRnDL4vXIdae02hGdOaTIkFFFFIkDTTFb/d+vSndNsT69e+mhx5NQOfr/q6Vhet/meXnyo55/O/A/irHDn7vPzplgq/lw8vw0J6+XlWTlw9Z9OlZ3Z/n/PpQMj+teq8GkI9iZTtD2JF9uMnkbm4z9k5GqK1y1DxOAYsymSDPZmQHZA5SDeh88uvCvSiDnn7vLqaxIgOWzcHIi2RGVwfDa1JoTR4/saRs87Vf+s3ZLhcQS+GP0WQ/ZUAwsct6ZFfNfhwqq9YtQMdg85IGeP/AFkQMifvWF194Az31JDRFVy3ZV3dKaxCXB4XCiPYEFyW2r7Zs1mtbw+0xtnvrhld/Tfbh0PKkmolCMmm+26/p/cKJzqLrJDGoixThVifvIXO0dkspV0yBsLMSL5eI1DcbPtySP8Afd3/AMbE3+dNzWCamOGMJua7kKCUm0KqT9nmno8HixJMSImR0chSxFhtIQBnfaUD941FyKzWqHKKkqZJsRLoxGJC4zEXYtYtHBGQSTY+Fn48LU0g1jaCaSXCIuG7yIxbKlpCqMVJIZyTtkqLt8LVxKyBTselCQKUErtaB1UxeLI+jwSOMvHbZjF+JdrL1yuatPVnsbjQh8bJ3pFvqowypxuHfe4y3AKPO9IdFW6tar4nHPs4aMvY+JiQsabvac5cdwu3Sr41G7PYMBaQ2lxNs5CLBMt0S38PnmTzAyqU4LBxwoI4kWONdyKoVRnyAHXOt211+fl1ppFJCwfXx6mj1u/lSAfXn7zzrFunrP8AD1qiqFg+vh5UbV/X8zzpN+vz8+oo+fu/meVFAbot/rr0p1TLDbxlw5dB0p7SZEuQooopEhWiZSSLflzrfRQCY07s8vXxrPcHpTqinZWpjRoW9W69OtEkRPrz/FTuiiw1MbdybZW+J/nSDA3T5fpTyiixamNUhPr3delYaFuH8SOXWndFFj1MiumtSMJi/wBvh42bg6kpIP3kAJ996h2P7EcO37KaePodiQfE2NW3RSoVlCY3sMxQt3OIw7j8YeMj/CHv8q50nYtpEEgfRjbiJmsegvGD8bV6MopNCPOidi2kb78MOvfN+UVOsJ2H40kd5NhkHGxdyPdsKD8a9A0UJeo7Kf0b2GRL+3xMj8xGqoPK52jz41LNEdm2j8MQyYYO4+3KxlI8gx2R5gVNKKKCxmuHIAAAAG4bgPIA2FBgbp8fPp1p5RTHqGRgb1br+tHcnkfX71PaKdhqYy7huQ+Pl58qDA3T4jp0p7RRYamMu6bl6+NZ7hunxPXzp5RRYamNooiDnb17qc0UUhN2FFFFAgooooAKKKKACiiigAooooAKKKKACiiigAooooAKKKKACiiigAooooAKKKKACiiigAooooAKKKKACiiigD//2Q==[/img]

Hi Mary,

I have been trying to comb all the information on your site. I live in Virginia which is non-judicial and just received a letter of acceleration from an attorney representing CAPITAL ONE. I am 3 months behind on my mortgage.

I was wondering if you could help me put an answer together. The letter was dated on the 1st of July, so I have to have something back to them by the end of the month.

I read about the affidavit but was wondering if that would work since they do not need to go to court. I am attaching all my loan information just in case you can help. I have MERS mortgage, and the court recordings has no assignments in there at all.

@Wizzer – I Googled FOIA Fannie Mae and here’s what popped up:

“David A. Lee, Chief FOIA Officer
Stacy J. Easter, FOIA Officer
Stacy J. Easter, FOIA Public Liaison
Stephen E. Hart, FOIA Appeals Officer

FOIA Requester Service Center
400 7th Street, SW
8th Floor
Washington, DC 20024

To submit a FOIA request for FHFA or FHFA-OIG records click here, or mail to the above address. Please note, that all mail sent to FHFA via the United States Postal Service is routed through a national irradiation facility, a process that may delay delivery by approximately two weeks. For any time-sensitive correspondence, please plan accordingly.

Phone: 202.649.3803
Facsimile: 202.649.1073
E-Mail: [email protected]
http://www.fhfa.gov/Default.aspx?Page=12“

Wealthy Spirit
Not legal advise just more fun with correspondence. The idea right now is to shake the tree and see how much fruit falls out.
The book Mary’s referencing will definitely raise your confidence and lower your blood pressure. By the way Mary Thanks X million!!!! Fighting the Foreclosure Machine is the BEST yet!!!
Wealthy: Save EVERYTHING!! The more contradictions and inconsistencies the better.
Adapt and use at will.

Mr. Brian Moynihan CEO
Bank of America
100 North Tryon Street
Suite 220
Charlotte N.C. 28202
Date __________________

Mr. Moynihan,

You should be aware the corporation you are CEO of has ____________________________ intentionally falsified requested information regarding Bank of America N.A. your subsidiary. (DO NOT ADMIT TO ANYTHING RATHER EVERYTHING IS ALLEGED, INFERRED, REPRESENTED, OFFERED AS A SAMPLE IN LIEU OF…..ETC.)
I have sent a Qualified Written Request in a good faith effort to rectify this injustice. The response from your firm has been pitiful. Yesterday I received correspondence stating you have recently completed my request for ________________________________________(insert whatever works) regarding your correspondence. The response is pitiful and quite possibly actionable.
This letter shall serve as a second request. The items and information requested is unchanged from the original. Please give this request your immediate attention. I prefer not to ask the courts involvement in your lack of cooperation and incompetence.
Further in an attempt to rectify this matter I have requested the MERS Milestone Report. I have received no acknowledgement. Contacting MERS INC directly yielded yet more lack of cooperation and incompetence. The first person I spoke to did not know what a milestone report was. The second told me she was “pretty sure” she knew what I meant but I had to contact my servicer to obtain any reports.
Additionally I have sent a certified request ___________________ for several answers of material fact pertaining to the validity of the complaint. Please direct your subordinates to respond. A lack of response shall be construed as an admission of
1) The alleged transactions are tainted with fraud and the documents submitted to the county are not verified.
2) Bank of America N.A. is the sole entity in fact with ownership of the alleged Note.
3) The response is not authorized by an officer of the bank with firsthand knowledge of the alleged transaction.
4) The responses are based entirely on third party hearsay and alleged information is provided by parties without any legal capacity to do so.
Lastly, for this correspondence, I have sent a Request for Validation of Debt and received no response. A lack of response shall be construed as an admission to the alleged debt being invalid and that your firm has no standing to initiate any action what so ever and as such may well be grounds for defamation and theft by deception.
Time is of the essence. Please act accordingly.

Regards

Mary, thanks for the links!

What should I ask from Fannie in FOIA?

Maybe…
1. The original promissory note, verifying any debt.
2. Any Pool Servicing Agreement (PSA) that my loan is associated with.
3. Any Mortgage Backed Security (MSB) that my loan is associated with.

Thoughts?? Suggestions??

Wow, I just checked this site.

It seems, for a while, that the posts got dumped?? Also, there was no way to post a message until now!

Update: I received replies from BOA and EVERHOME, typical BS.

9/4/2013 at 11:08 PM

Woweee! I thought our thread was permanently retired. Not sure how it came back online, but so glad it did. Missed you guys!

I’m going to email Rich a note and give him the good news. He’s been in serious withdrawal…

Susan, so sorry about Bandit. You’ve had a tough time, but it sounds like things may be turning around.

Quick question – is Bank of America N.A. registered with the Oregon Secretary of State? Your SOS website has an entity look-up and should provide you with the status for free.

Also – did you check the Oregon statutes regarding registration of corporations? Do any of the state statutes require that any corporation that conducts business in the state must be registered with the Secretary of State?

National Banks like Bank of America are not required to obtain licensing from the state banking commissions because the OCC, which is Federal oversees national banks.

But….banks, national or not are corporations. In NJ, ALL corporations MUST be registered with the state Secretary of state. They must pay a fee, file annual reports, tax returns, etc.

If corporations that conduct business in the state of NJ do not register their org with the secretary of state, then they cannot conduct certain activities like FILE A LAWSUIT AS PLAINTIFF.

In NJ foreclosures are conducted judicially, which is a lawsuit.

Well, “Hello.”

I understand Oregon has judicial and non-judicial foreclosure processes. So it would be interesting to know what Oregon’s statutes are on corporate registration and see if they impact a non-registered bank conducting a judicial foreclosure.

We’re trying to get legal counsel to confirm our understanding – you may want to do the same.

But this could be huge – really, really huge…

5 September 2013
Wonderful Wonderful Wonderful
Thought they pulled the plug on the whole fugotten ting.
Here’s a re-post to the index
http://sdrv.ms/11jSm0u
An idea………If you remember put the date in your post for tracking purposes.
Hey Admin tank u tank u tank u
You should re-post your “actual picture of admin!”

@Wizzer

Gosh, you’re the fourth person this week whose servicer has changed.

This is going to happen more frequently for many homeowners I’m afraid. People are getting wise to the scheme, so the banks/servicers are passing these mortgage loan files around like a loose girl at a frat party.

In terms of next steps, I think you should read the FIGHTING THE FORECLOSURE MACHINE available on http://www.fightingtheforeclosuremachine.com and Amazon for about $20.

There are letters in the back of the book that homeowners can send to their servicer asking for the name of the Person Entitled to Enforce (PETE).

Under the UCC, ONLY PETE has the right to enforce your Note and declare the loan in default. Or, a servant to PETE.

Homeowners have a remedy against trickery and deceit under the UCC, according to the author of the book, who is a retired attorney.

Under the UCC, homeowners or maker of the Note can demand evidence on how the entity they are dealing with got the rights from PETE, or evidence to show they are PETE.

In your case, they may be claiming Fannie is PETE. Well, you have every right to obtain evidence to support that claim.

Because, and here’s the key point of the book, under the UCC if you pay somebody other than PETE, then the real PETE can knock on your door and demand payments from day one on the Note.

So, if you haven’t already, buy and read the book and send the letter to Everhome.

How does that sound?

posted 9-5-2013

As always, Thanks to you Mary!

Yes, I own the book, thanks to your recommendation. BUT, i have been so busy with other issues that I missed that letter!

I will research and act accordingly!

Thanks my dear!

Mary- I hope you remember me. It is DanielleS in Michigan. I’ve had to put down my guards and set aside all this mortgage stuff to tend to my baby boy (if you remeber he has Down Syndrome and accompanying medical issues).
I wrote my Michigan Attorney general however they just referred me over to the Department of Insurance and Financial Services. I spoke with a woman who I explained how this was a countrywide loan originated by a broker (representative of a licensed broker I am guessing) whom I can not find. The broker company ended up having to surrender his company (known as Crest Financial Inc ) he was based out of Traverse City, Michigan and if you type in Dan Giroux, you can learn some very interesting things. They really deceived and lied to my husband and I and have created enormous damage that even today (almost 3 years bankruptcy chapter 7 discharged) I am still paying for….. I was trying to explain to the lady how all of this has occurred and that I have never been late and yet when I inquired on a hamp program, just off that info they started reporting that I was making partial payments… I had not signed a damn thing and they did this for a long time before I knew it. The only reason I figured it out was because we had no other choice but to file for bankruptcy because the credit cards I had to not pay so I could pay this ridiculous mortgage (actually two as it was promised to be ONE mortgage at 6.25 and when we got to closing it was TWO with the second being what is known as a HELOQ with a 15 year balloon. Let me just say that I was not told it was a heloc or anything. They just told me they divided the mortgage into two so that I could avoid higher expenses by doing this. Now I know that they lied. Their lies and greed are why I found this site)… Anyway, the lady told me she could contact both companies on my behalf that now service this alleged mortgage puddle of goo….. the two companies are Green Tree and Nationstar (of course). So, I thought…. maybe this might be our best option but I wanted to pull the credit reports, all 3 FICO, and see where I am….
Low and behold, BAC was no longer on my report, rather it is BANK of America NA. Then in June, Green Tree OPENS an account to reference the so called mortgage and closes that account in the same month and are you ready for this????? THEY FLAG the account as Included in bankruptcy!!!! So, my ONE mortgage has 3 derogitories on my report indicating IIB….. and that the last reported activity was in JULY 2013. Excuse me? This is september and I have not missed any payments. Don’t get me started on the other two accounts referencing this same alleged account.
I have not received a dime from any settlements. NOT ONE. I even called RUST to find out if I was in their system and they said NOPE. This fraud happened to me in march of 2007. Fannie mae supposedly aquired this alleged mortgage on March 1, 2007 and yet I signed no such papers until a different time period and it did not say “Fannie Mae”.
Please, look up Dan Giroux + mifi miami….. You’ll see what kind of situation I am in. My husband tells me that I need to find an attorney. I tell him that I have not the money to do so. I am smart, but not smart enough to do all of this and still be able to drive my baby to his feeding clinic two times a week, physical therapy 3 times a week and down to his specialists that are at least 3.5 hours a way and at most 5 hours away. I am racking up the debt with him, finding no relief from our discharge (car insurance is double… i think we have something more going on but I am not sure what…)…. It feels the deck is stacked against us and when I peek my head out to take a relief breath, something else happens….. like my son losing his insurance through SSI because we had too much income to be eligible and then when I apply for another program they denied us because my husband made 22 dollars too much. Seriously? They told me to buy private and I laughed. Private insurance for real? No company would offer affordable insurance with the medical needs he has….. I have no regrets having my son at all. I regret that I can’t seem to win the lotto to afford the proper care of my child without asking our tax payers to help me ….. I mean, without asking the government to help me. They are two different things these days. I wish we had a tax payer tribunal that made the decisions regarding situations like mine….
Anyway, we did finally get him insurance and it is a cost effective program through our state (I love the State of Michigan because they do look out for the children)…… but I always feel oddly because it seems I am treated as if I am the person lying about things when it is those people from 2007 who have spewed toxic lies. Lies where the government didn’t allow me to claim all the money I paid the bank for taxes because my tax bill was less than what I paid in. 🙁 I don’t understand their game. I don’t think like them and I don’t want to align myself with the devil….. and they definitely are the devils hands. I have no wish for money, property or for anything more than I need. I just want my children to have a home over their head, a doctor to make my little babies constant vomiting and constipation, go away so he can gain weight. He is 16 pounds and is a year and a half old now. I just want what your average American wants….. to wrap their arms around their children and look into their eyes and tell them (without having to lie) that I will keep them safe and warm….. I can’t promise that anymore because I don’t know what these liars are up to. I don’t trust them. I am having a hard time even trusting the Deparment of insuance and financial services. I don’t want to sign anything anymore…. my ability to feel free and at peace, to be happy and prosper, has been ruined. It was ruined the day I walked into closing and the closing agent told me about the second mortgage and asked me if I knew. I didn’t. It was ruined that day when I told them I was so upset I had to take my xanex (they all knew about my disability as I had to tell the broker where my income comes from) and they didn’t offer to let me have some time to let the panic and anxiety go away. It was ruined when they KEPT all of the mortgage papers and had the agent for the title company deliver them to me after they recorded the alleged mortgage….. because had I had the paperwork I could have read what they pushed infront of me and I would have known to go to an attorney immediately.
They’ve ruined my life. They continue to ruin my life. There have been settlements…. yet no mention of my family getting any relief from these settlements. Instead, I am told I can’t claim the property tax credit and I can’t get the heating credit. Why? I did in years past. What is happening? Did they forclose and I don’t know? I have no idea what is happening anymore. It is like having one string holding you up and seeing that it is the last string before you plummet to the ground. I’ve never been late. Haven’t missed any payments…but guess what? This doesn’t matter. They do what they want and however way they have to get what they want they will. Even if I never considered this loan with any of the people who have sent me information pertaining to this property and structure that we seek shelter in. I would have had answers a long time ago if they had been clear on the shuffled paper that went before me…… nothing makes sense anymore. From Transnational Title Insurance, to the inflated appriasals, the brokers ‘mortgage originator’ whom I can not find no matter how many searches I do (did he give me a fake name?)…. somebody somewhere knows they’ve harmed my family. And I hope whoever it is will at least make it right for my children one day because right at this moment…. I don’t think I can take anymore of the pressures placed on me. I have had nightmares in regard to this all. I have woke up with thoughts of checking this and that to be sure my home was not scheduled to be ripped out from under us. I check the county register of deeds every day to make sure there has been no transfer of interest from my name. Why? Obviously having anxiety and panic disorders can really be debilitating and cause more phobias and such…. but this is even more so when you know this has happened to others.
Ladies and Gentlemen- I don’t know how to fight anymore. I have become so afraid of this world that I even question when I get my dental work done. (did they insert a chip, are they doing experimental things in my mouth…. etc) It is all the things you come across when you read about all the real things happening like fraud on Americans and sometimes it is hard to know if the whole geo engineering and chem trails (morgellons disease and such) are true or figments of others paranoia. At any rate, this started with trusting one person in 2007 to help me find the best rate for a mortgage loan so that we could have a place to dream and aspire for the future).
I am in a dark tunnel and I just don’t see the light.

Hi Mary- back in July you wrote: @Hawnbiz – I am begging you – DO NOT DO ANYTHING. Zip, zero, nada. Sit tight, and do not breathe a word. Omerta, OK? You are in a good position – any actions you take may totally screw things up for you. DO NOTHING. LAY LOW.

I have received several calls from GT but did not answer because I don’t know what to say or don’t want to say the wrong thing. But, I know for sure they also violated the FDCPA by not mentioning the mini miranda on the recording. All they say is contact so and so at that #…

2 weeks ago GT sent me a letter along with an app. for a Loan Mod. What?! They also said that if I don’t reply within the deadline to accept that Loan Mod. (which was 2 days after I got that mailing), they will proceed to Foreclosure Sale. I thought I was already in Foreclosure with them since it carried over from BofA. If so, isn’t that Dual Tracking?

My guess is that their next step would be to hire a local Attorney. But, I’m just doing as you recommended and sitting back and waiting to see what their next move is.

In the meantime I am trying to find an Attorney that will represent me on a Contingency basis, knowing that my case is extremely rare and a rather easy win for them. I’m in a situation where I would be the Plaintiff vs. them and with a whole binder of evidence. My Chain of Title is still showing the same thing so GT nor BofA hasn’t tried to do something illegal… yet.

Anyway, I’m just hanging in there and praying that my case will be done and will be able to help many other homeowners that have my same situation and decide to stay and fight vs. wallking away.

@mary… I noticed you said in one of your comments that if you have a countrywide originated mortgage that you are foreclosure proof…. I have four of these in the state of new jersey… all mers…. all later to boa and now two with sls , one with seterus and the last with ocwyn…all in default only the seterus has had a foreclosure filed…I just thought I would ride out the benefit of the new jersey judicial foreclosures and be happy with that.. but if im foreclosure proof even better…. what should I do first???.. I checked the mers website and they are all listed with current servicer and mortgage holder…thanks in advance for the help

Hello….. Mary, Rich again and to all, its been a little while since I last visited.
Here’s a recap; stopped payment in January or 2013. Just when mortgage was sold from wells to greentree. In july of 2013 , we applied for a program in NJ..’Homekeepers” the program will give you 48,000 to help pay the rears and get you on your feet. Its been 10 months and they say we should have a final determination in a few weeks. In the mean time I sent a QWR letter to the CEO of Wells , and then to CEO of Greentree , when our loan was sold to them. (in fact , two letters each because they did not sent specific info OR the “wet” ink copy.
We received a letter from Attorneys Stern, Lavinthal & Frankenberg from Roseland who represent Greentree in Jan 2014. letter stating….pay this mount to stop foreclosure. We responded with a request for QWR letter and “wet” ink copy. ..They failed to supply us with request.
Recieved another letter May 2014 from Attorneys Stern, Lavinthal & Frankenberg, saying please be advised the following sums are due to be reinstate mortgage, due by Greentree servicing LLC is subject to audit and shall not constitute an estoppel. send certified check…….
Upon receipt of sums , a discharge of Lis Pendens will be sent for recordation. I replied stating that my specific requests were not met and within the 30 day response time frame. stating that I have sent the incorrect mortgage loan papers they , the Attorneys provided me with and will be forwarding it to the Consumer Financial Protection Bureau, as of yesterday.
We are still waiting to see if we receive monies for the Homekeeper program( which I hear came about as the Bank “fines” not paid , but OFFERED to any customers that heard about this hush, hush program… and which was only “open” /offered for a year. I hear only 33% of the banks mortgage victims applied for such help….. Bottom line…the banks still made out ! In our case, it seems like these Lawyers are not doing much , except asking for the rears owed. I dont know what to make of this since it has been 17 months I last paid any payment on mortgage ..Is this normal practice within normal time frame in NJ ? Do the Lawyers know that we have MERS and Linda Green plus DOCX on our loan ? Im not sure what my next move should be with these Lawyers.
Any suggestions would be greatly appreciated…….Yes, I do know about the defense lawyers Mary pointed out , I still have to set up an appointment with them, but fear it will be more money than I can afford.. Paying off too many loans now. Thanks , Mikie

It is 5-10-14, so happy to see this UP again.