SHOW SOME OF THAT GOOD OLD AMERICAN OUTRAGE!: DON’T LEAVE YOUR HOME, STOP BLAMING YOURSELF FOR WHAT YOU DIDN’T DO, AND TAKE RESPONSIBILITY FOR WHAT YOU CAN DO — KEEP YOUR HOME!!!
In my Saturday morning studies I ran across the following article that got me to thinking about how exhausted we are mentally, physically, emotionally and spiritually. 20 million households had their wealth, their equity in their homes, stolen from them under circumstances where if they had been told the truth they never would have signed the deal. They are entitled, each and every one of them to be restored to the position they were in before they were defrauded — including the people who already lost their houses. But nearly all of them have accepted the lies of the media and the lenders and Wall Street that somehow their predicament is their own fault. That is not true.
The only thing that is your fault is if you allow the lenders to take your houses even though they have been paid in full already once, twice and sometimes even three times.
57% of people who get a foreclosure notice simply leave their homes without giving a thought to whether they were the victim of fraud and whether they have a right to retain their home. Many of these people emphasize a personal philosophy of taking personal responsibility and not blaming others for your misfortune. But they do themselves and their country a disservice by not living up to their own personal responsibility to hold onto what they have and fight for what the U.S. Constitution calls “due process.”
If you leave your home without a fight are you “playing by the rules” or are you modeling cowardice despite clear laws that state explicitly that you were tricked, fooled and deceived into losing the only asset you had so that criminals could grab it for themselves. Are you playing by the rules or conspiring with these criminals to break the rules? Are you modeling courageous behavior standing up for what is right or cowardice that will be carried on for generations?
After the 57% leave their homes without a fight, another 42% engage in delay tactics without ever taking the effort to REALIZE THAT THEY NEED NOT DELAY THE PROCESS, THEY CAN WIN THE PROCESS. Eventually they leave with a cash for keys deal or some minor settlement for damages that is a fraction of what they are entitled to receive.
OK that leaves 1%. Those are the only ones that fight — with or without a lawyer. They file papers in court, they file papers in the county records to make sure that “buyers” are on notice that title is not clear, and is subject to the rights you have as a homeowner, they show up at the auction and tell people that they have filed those papers and that anyone who bids is buying a lawsuit. They sue for damages, for non-compliance with federal and state laws, for fraud, breach of contract, breach of fiduciary duty, for identity theft, slander of title, quiet title and dozens of other legitimate causes of action.
Half of that 1% get modifications of their loans that slice off around 50% of the balance due on the note, forgive all the attorney fees, forgive all other fees, and even forgive the tax payments. They get a fixed rate mortgage at a reasonable rate that they can afford. And the really interesting part is that the investors who were defrauded into buying mortgage backed securities get value restored to their investment by a performing loan — without 700 billion dollars changing hands.
The other half are those that fight to the end. Our records show they end up with their house free and clear of any mortgage or note without any payments except taxes and insurance. More than 300 so far official. 3,000 other cases have ended in dismissal of the lender’s foreclosure and despite the lender’s right to re-enter the proceeding they failed to do so. Those people are now clearing title as well. Thousands of other cases have had similar results but are not reported to us.
With the coming change in political administration these thieves are taking one last giant bite out of our futures. Are you going to do something about it, or teach your children that if someone hurts them, if someone means them harm, let it happen?
This is the article that provoked me to write this piece.
Blame Game
Torah Portion: Bereishit
by Adam Lieberman
While living in the Garden of Eden, Adam and Eve were told by God that they can freely eat and enjoy everything the Garden had to offer. They just couldn’t eat from the Tree of Knowledge of Good and Bad. A serpent came along and enticed Eve to eat fruit from this tree. After she ate from the tree, she gave some of its fruit to Adam. When God confronted Adam and Eve about their blatant disregard for His instructions….
“The man said, ‘The woman whom you gave to be with me – she gave me of the tree, and I ate.’ The woman said, ‘The serpent deceived me, and I ate.’ ”
* * *
A LIFE LESSON
When people do something wrong, they usually have an instinctive reaction to either defend their actions or blame someone or something else for what they did.
So when God asked Adam why he ate from the tree, the first thing Adam did was go on the offensive, saying that he ate from the tree because of “the woman whom you gave to be with me…” According to Adam, his sin wasn’t a result of his choices; it was because of a something that God did.
And when Eve was confronted about her actions, she also refused to take any responsibility for her free-will decision, and instead simply said, “The serpent deceived me…” Adam and Eve were punished by God not only for not listening to Him, but for also immediately casting blame for their actions elsewhere.
It’s always easier, more convenient, and far less embarrassing to shift blame onto other people, circumstances, or to society for any negative or destructive decisions and actions we might make. Clearly, this isn’t what God wants. Rather, he desires us to personally take complete and full ownership over everything that we do.
The reason for this is that there’s nothing more empowering and liberating than personally taking true responsibility for all your actions. This is life-changing because you now have power to “choose and become” as opposed to being stuck in the “blame game.” Power to choose right from wrong. Good or bad. Action or inaction. You will never again be a victim of circumstances, but rather will become a proactive decision maker who – through making the right choices – can recreate him/herself anew every day.
This isn’t easy to do because it goes against our nature to immediately declare “I was wrong.” But when you can truly acknowledge to yourself that it’s you – and you alone – who’s responsible for whatever you do – and not anyone or anything else – then you will have taken complete and total control of your life. And when you take full responsibility for everything you ever do, then you’ll have recaptured ownership of your life and with God’s help you can do and become anything you’ve ever dreamed possible.
Author Biography:
Adam Lieberman is a business consultant and who advises executives and companies across a spectrum of industries. He also runs a non-profit foundation which helps Jews of all backgrounds to see the beauty and relevance of their heritage. The insights he receives from the weekly Torah portion enable him to live a happy, meaningful, and balanced life. He lives in New Jersey with his wife and children.
Filed under: CDO, currency, Eviction, foreclosure, GTC | Honor, Mortgage | Tagged: blame, bravery, cowardice, foreclosure defense, fraud, Lieberman |
Susan… might I suggest an address for you to check…
http://www.msfraud.org/LAW/Lounge/Lounge.html
scroll down… on the left.
have you tracked down those 300 cases?
http://www.wsbtv.com/video/25636610/index.html
BofA refused to take my money
Can someone tell what to do
Sept 9th – I contacted BofA to find out/ get a statement as to what I owe.
Sept 21 – I received a notice from BofA – “We are in the process of obtaining the documentation and information necessary to address your questions and comcerns. We will provide a more complete response within (20) business days” – this notice was date stamped September 17
Sept 24 – I received the supposed calculations – some 6,000 – 7,000 which included atty bull fees some 3000 plus – this letter was date stamped Sept 14th – some 10 days after it was received and the previous letter above shows that something it truly amiss AS – THE DUE DATE TO PAY WAS SEPT 23.
Since I knew I was being set-up – I took my time.
Sept 29 – I arrived at a local office and they called the foreclosure dept and confirmed that I can still pay the amount calculated and I was told that I could mail the check in.
Since I do not have a checking account with BofA I had to get a Certified check and could not do it until Oct 1.
Oct 1 – I mailed out the Certifed Check
Oct 20- I received a notice and they returned my check and are trying to extort more money from me “Please note that additional funds may become past due until your account is brought fully account” – here comes the good part:
1. Their letter states – had my check since Oct 5th
2. Their letter is dated – October 13
3. The envelope is Pitney/Bowes metered AS OCT 14 – but was not mailed until days later since I did not get this letter aka the extortion until TODAY WEDNESDAY OCT 20
4. THEY HAVE NOT SENT ME ANY LETTER INFORMING ME WHAT THE NEW EXTORTION AMOUNT IS.
5. SO NOW I AM ANOTHER MONTH DUE/LATE
Do anyone know of govenmental agencies I need to contact. It is unfair that I now need to spend money on attys to settle this.
FYI –
I have been not been able to make payment for a few months
My last payment before the forelosure – May 2010 – and it was not processed, I did make copy of it. I have not gotten this suuposed lost check back in the mail and I think they did not process on purpose.
I fianlly came into some money and on Sept 9th I called as mentioned above so I could settle this.
In additon to what hasd happened –
I did go to my bank that issued the Certified Check – they are astounded that BofA refused to check, they said the check is still good, and the check that was returned – has stamped initials on the front and some numbers and letter stamped on the back, as if they were going to process the check and then changed their minds.
When I submitted the check, I included a handwritten message (my printer broke). I made copies – in This message I included what tranpsired at the local branch on Sept 29th letting them know though the letter that was sent with a deadline payment date of Sept 23, not received until Sept 24, did mention that their date of letter was quite misleading (Sept 14 – when in fact their acknowledgment letter was dated Sept 17 – and and and whatever – a Sept 14 letter with a deadline payment date of Sept 23 was criminal), I included the fact that the foreclosure dept on SEPT 29 – acknowledge that the payment quoted on the letter still stands and that I could mail the check. I was also informed that I could make payments such as – the true actually mortgage fees and that if I did not pay the full amount in full (included all inflated legal fees etc…) those would be charged per 100 X’s my interest rate. SO the loan officer at the bank advised that I pay the entire amount.
THIS NEGATES THE FACT/REASON WHY THEY WOULD NOT ACCEPT MY CHECK. EVEN THE LETTER I GOT STATED I DID NOT HAVE TO PAY THE FULL AMOUNT UP FRONT — but I paid the full amount the was quoted – So I dont understand why this was not PROCESSED.
YES I AM BEING SET UP.
Oct 21 – I went to the BofA Branch and spoke to Bank Manager Ray. I told him the whole story, I showed him all of my documentation, He himself could not believe this, He have me a local BofA office that was newely set-up for situtions like mine – he said this office does not take in walk-in an appt had to be set up. I called that number – I was told a Deena would call me back and make an appt. 2 hours later a Deena called me back – was rude as hell, would not let me finish – my third sentence and stated “I am not customer service, what do you think I am” — I stated “the Bank Manager at my bank told me.. SHE INTERRUPTED AGAIN. “Well he is wrong he should not have given you this number” WELL I LOST IT
Oct 21 – I called my local BofA and told BanK Manager everything and that I would be in your bank within 5 minutes. Well he starts emailing the head a**hole at the number to which Deena works at. They started telling me I would have to pay more since the DEADLINE DATE WAS FOR SEPT 23.
I said wait one minute –
1. If the letter was mailed legally so that I cold get this letter and make the DEADLINE DATE – I would have paid it on time
2. I have letters from BofA showing this letter’s date is ficiticious
3. I was in this branch in person and this dollar amount was confirmed at stll be the correct dollar amount and besides – Yes you RAY HAVE CONFIRMED THAT THIS HAPPENED AND YOU BOTH HAVE CONFIRMED THAT THESE CALLS FROM YOUR BANK TO THE FORECLOSURE HAPPENED AS YOU DID A SEARCH OF YOUR RECORDS.
I called around to some Law Firms – IT SEEMS ATTYS HAVE BOFA CLIENTS WITH THE SAME ISSUES
PS I did send in a separate montly payment check dated/sent Oct 4, 2010 – I sent this knowing I fulfilled my obligatons and thought everything is in the Clear.
I will be mailing another check knowing it will not be processed this was the advice given by the atty I was forced to hire.
My Foreclosure Theory
My loan is now with Bank of America & I have never missed a payment. But like most Americans they are still trying to foreclose on me. How is this possible…foreclose on people that has made all of their payments & seem to be getting away with it. Well this is my theory:
MERS was proven to have a bunch of mortgages that were fraud. A lot of us are paying mortgage companies that have a non existing investor. When all of this was found out the government stepped in & told certain banks like Bank of America to offer this modification loan to any & everybody. The government wants peoples signatures on a legal mortgage note before they figure out that they legally own their homes because of Fraud Investors. Bank of America being the thiefs tthey are figured out they could make a lot of money by foreclosing on these houses & getting the money from the sales of the property instead of letting the government get it from their modification schemes.
This is a part of their Foreclosure Mills. Bank of America has the government over the barrell. If the government came out in public making claims of what BOA is doing the cat would be out of the bag. Since thousands of people are complaining they have put a seize on foreclosing until they can figure out their so called mistakes. It is my understanding the Judges put a stop to the foreclosing not the government.
Basically, what this means is the government’s fraud to the American people is being blackmailed by the banks like Bank of America. In other words the banks are saying—I dare you to say something about the way we are Foreclosing on these people!
WAKE UP AMERICA!!!!!!!
Bank of America has been trying to put me in foreclosure for the last 10 months. I have never missed a payment.
They have escrowed me even when I do not have an escrow loan. On top of that, they are trying to escrow me on property that I do not even have a loan on. BOA has put flood insurance on me, I had to get Fema papers proving that I wasn’t in a flood zone.
Countrywide did my loan in 2006 then, Wells Fargo ended up with it now Bank of America. After spending a lot of time on the phone with the idiots I have figured out that they do not have clue about my loan, they can’t even tell me what my original payments are supposed to be.
Bank of America has repeatedly told me I had to do their home modification. They said just start sending in partial payments and after 3 months you are in it. I said NO, I want to get my account straightened out from yall’s crap and get the hell away from BOA. Now when I call they say oh I see you signed up for our home modification program…I haven’t signed up for shit, and I dang sure didn’t sign up to be treated like this, especially when I am eating crackers just to keep my payments current, because they keep promising to take all of the negative stuff off of my credit. Then the very next week somebody will show up to take pictures for BOA saying for proof of occupancy. Oh, didn’t I say that I have NEVER missed a payment. The person that shows up says it is for the foreclosure procedures.
This type of treatment has got to stop. My nerves are shot, my hair is falling out by the handfulls. Life right now is stressful enough without some idiots driving you crazy.
I honestly thought there is no way they are doing this to me on purpose. After getting on the internet and realizing that there are a whole lot of people out there being treated the same way I am…I have decided these S.O.B.’s are going to pay for the hell they have put me and my family through. I am going to sue them and make them show me that they are entitled to get payments from me. I honestly don’t think they do.
I will keep this site posted with my outcome.
DON’T GIVE UP …KEEP FIGHTING PEOPLE …WE HAVE TO, WE ARE AMERICANS!!!!!!
Alma, each of us lives in different States and each State has a different process of foreclosure. You must answer a notice of foreclosure. Usually the answer is simply a restating of what they say on the notice, but generally, what’s been going around is that the people who are foreclosing against you do not actually have the legal right to do so and that is called having a “lack of standing”. this is one major issue but there are many more. I, personally, refuse to talk to anybody from the mortgage co. And I mean that religiously. I Just hang up. They want to contact me, they can do it through the Courts. If you can, find an attorney. But you should familiarize yourself with mortgage Securitization and the process of it first, so that you can ask the Atty intelligent questions. Older Atty’s wouldn’t have studied the process when they were in college, maybe later, but it’s a new enough concept that they’ve either studied it in the last few years or they just don’t know it. you need an Atty that “get’s it”. one that understands the Securitization process, the laws it’s effected by (Federal and State) and is familiar with what’s happening all over the US because of it right now. There’s a ton of fraud being perpetuated by the Banks, you need an Atty who knows that. Good Luck! I’ve stalled my own now for 3.5 years, you can too! hang in there, this can be done.
Suicide my A__! That’s what THEY want. You gone, they get to pick up your stuff and sell it and then go play another round of golf. Stress is their weapon. They can afford to wait you out. They can afford to hold you down. They can afford to buy your demise in the Courts. Your only mission is to cost them as much money as you possibly can. That means take them to Court! Read, study, do the time, make em pay. They want your place? Make em pay out their noses for it.
I lost 9 properties back in 1995. the stress was horrible! Then, after being forced into bankruptcy (Bank fraud again) they continued to slander my credit report for another 11 years saying I was still behind on all those properties. 125 letters I sent, they’d only change the amount owed on each loan.
I walked around in limbo for many years over this. It is not a good place to go. I didn’t fight enough last time because 1. I couldn’t find ANY atty who would fight the Bank and 2. I didn’t know enough myself to do it and 3. I was under the impression that once Bankruptcy was filed, it would be all over. WRONG!!!
So take a deep breath, sit back, relax, know that we’re only in this world for a while and we might as well have some fun while we’re here. Now turn that feeling into having some fun spending the Banks money by making their atty’s work their butt’s off (and bill the Banks). It’ll be good for them to do some real work for a change. And win, lose or draw, you’ll gain a world full of experience and self respect. Now quit talking and thinging suicide and get your butt to researching! And Good Luck and God bless. John R.
I stumbled upon this blog in my moment of frustration. I have a mortgage loan with Bank of America and I was one payment behind. I applied for the loan modification back in Mar 09 and received paperwork on December 09 stating my new payments and terms. My new payments were going to start on Feb 10. After sending my payment for March, a week later I received a letter telling me that my modification given to me in Dec. was denied. I was accused of lying in my income and given the run around and NO accurate answer why I was denied. I have sent more than 10, 000 dollars since Nov and they are still telling me that I am 5000.00 behind. I am so frustrated because I have four girls and I really don’t want to lose my home. I don’t know where to turn to or what to do. My stress is so high, I have even thought about suicide to fix this. Help, I don’t know what to do. I just received a certified letter saying that I need to pay up or they will accelarate foreclosure.
How to fight a foreclosure…. boy did you ever come to the right place. But before going any further… let me tell you where I’m at. Lost in the lower Court (even though lack of standing was evident, post dated assignment, no other signatures on any of the do’c that supposedly passed my mortgage from one “entity” to another). I appealed, lost that 1st time on a procedural error. Even though, at my appellate brief notification, I did not check the “transcripts required” box, cause I couldn’t afford transcripts. They threw out my pleading because I didn’t turn in any transcripts. I’ve since re written the Appeal and provided the transcript and am now awaiting a decision. It’s been 3 years and 2 months since I entered foreclosure. Prepare yourself for a long fight.
Get your local Court’s rule book. Get the State’s rule book. Get a copy of TILA, RESPA, HOPEA and the FDCPA. Just do searches for them, you’ll find them. Read everything you can find on the process. understand that your State’s rules trump.
Don’t get yourself so broke you can’t afford filing fee’s either. READ THE RULES!!! It is one hell of a drag mentally, no plot, no comedy. But soooo necessary.
http://WWW.MSFraud.org is a great site. Check out the “Legal Library” in the Legal Lounge. Check out the forum. great people who know the ropes. 4closurefraud.org is a good site, http://www.foreclosurehamlet.org another one. you’ve already found this one… it’s just simply wonderful.
READ, READ, READ, READ, and did I mention…. READ!!!
If you’re hurt, and I’m a fellow broken back person myself, then you’ve got lot’s of time to read. Do it! Most of the Attorney’s I found where I live, when asked about the loan securitization process and specifically the loan transfer process within the securitization of a mortgage, their eyes glossed over. Securitization is not something a lawyer studied in College. He get’s his info by reading, and a lot of them don’t need the extra bucks defending foreclosures, whcih doesn’t pay much anyway and is one hell of a lot of work. On the other hand, I look aty it like it’s my job and should I win, the payoff is the paycheck. Simple.
How to fight a foreclosure…. boy did you ever come to the right place. But before going any further… let me tell you where I’m at. Lost in the lower Court (even though lack of standing was evident, post dated assignment, no other signatures on any of the do’c that supposedly passed my mortgage from one “entity” to another). I appealed, lost that 1st time on a procedural error. Even though, at my appellate brief notification, I did not check the “transcripts required” box, cause I couldn’t afford transcripts. They threw out my pleading because I didn’t turn in any transcripts. I’ve since re written the Appeal and provided the transcript and am now awaiting a decision. It’s been 3 years and 2 months since I entered foreclosure. Prepare yourself for a long fight.
Get your local Court’s rule book. Get the State’s rule book. Get a copy of TILA, RESPA, HOPEA and the FDCPA. Just do searches for them, you’ll find them. Read everything you can find on the process. understand that your State’s rules trump.
Don’t get yourself so broke you can’t afford filing fee’s either. READ THE RULES!!! It is one hell of a drag mentally, no plot, no comedy. But soooo necessary.
Bought home 02/1997 with 20% down. Original loan with World Savings, then Wachovia, now Wells Fargo.
Never late even one day until I broke my back. Begged for assistance from Wachovia before I missed first payment. When Making Home Affordable program was announced, I thought I was saved. I applied, sending all financial documents, letters from Orthopedic Surgeons, etc. I have enough income to pay 3/4 of mtg. payment.They refused partial payments. I call Wachovia and Wells at least twice each week, keeping logs. They ask for the same doc’s over and over and over. On Monday, Wachovia called to tell me, I do not qualify for any of their programs.
I am disabled and in constant horrible pain. Losing my home will kill me. The stress is beyond description.
Please, can anyone tell me how to fight these banks, get a modification and keep my home?
Thank you Mr.Garfield . You have given us a light of hope in our foreclosure battle with JPMorgan Chase.
I had refinanced in 2003 with Pinnacle Finance, and 2 months later I was sent a letter informing us that Homecomings was our server . In 2008 I am being sued by JPMorgan Chase as plaintiff .
As proof that they are the holders they submitted a note copy with 3 stamps ( pay to the order ) from A ) Pinnacle to B) Home finance to C) JPMorgan Chase . No dates on each stamp.
At the public records there are no records of any transactions. The only mortgage on the books is the original 2003 Pinnacle note . Apparentely no assignment’s . So I have a ray of hope with all the information you and other fellow’s that have contributed to this foreclosure problem solutions to thank for .
The lawyer’s that are helping us ( a free advocacy legal group to prevent foreclosures ) were very ignorant of your foreclosure defence ‘s , and seem to have a loser and defeated atitude . I gave them your blog address and hope they learned from your great advice. .
I have not spoken to them for a few months since I froze the foreclosure with a pro se bankruptcy . But soon I be back in the foreclosure case ,but I have accumulated lots of legal facts thanks to your blog , that I have a fighting chance to defeat the foreclosure with or without my lawyers .
Bless you Mr Garfield, and all the other folks that share their stories with the rest of us.
L.F.Fitzgerald .. Oct 30,’08
I agree, I agree, I agree! The blood of our forefathers bought us the freedom’s we enjoy and when we, as American’s, roll over and let the Corporate Giants take a leisurely stroll across our back’s, who do we honor? And who do we disgust? So I say FIGHT! Use every defense, it is, after all, what our forefather’s did die for, and after reviewing a few hundred legal cases, that’s what the Attorney’s WOULD do! Fight! Read these websites, familiarize yourself with the “Rules of the Game”, search out usable defense platforms, find the case law that works for you… it’s all out here. Fight! The more you fight, the more they lose! Fight! Don’t believe anything their Lawyers tell you…. they lie for their living, they’re really good at it. Fight! Let the truth about these Lo9an Sharks in suits be brought into the light. Fight! John R
i just thought of something as i am suing my mortgage company emc for quiet title, if the he name of the lender was NOT the actual lender listed on the mortgage isn’t that fraud upon the public/recorder of deeds and the false info make the mortgage null and void.
Dear Mr. Garfield,
I had a couple of activities this weekend, I had two seminars one in a restaurant with over 120 families, ans another with several consulates located in Washington DC, for the Hispanic community hear. We were able to educate and to motivate into action over 140 families.
Next weekend I have three activities in several churches and will make the presentation of your continuum and how to fight for their homes to sevaral hundred families.
I will keep you posted the first cases are going into court for quiet title with several attorneys
the attorneys are getting foreclosures stopped and are becoming bolder and more assertive as they see the positive results.
We do have a great challenge and it is the fact that most people wait until it is too late and they are financially ruined, the media for some stupid reason keep advising people to ask the :LENDERS” for help. This is nuts what makes anyone think that after 7,000,000 families that have tried to deal with the lenders and went into foreclosure in the last three years, they will be blessed with a positive and constructive experience with the lenders. The definition of INSANITY is to try the same method or approach every day expecting totally different results. These crooks do not want to do any good to any one, they know you have the only thing of real value, THE HOME. Their investment paper is worth crap, but your home is at this time as liquid as money. They want it and they want it bad. YOU MUST FIGHT. I AM FIGHTING and SHARING MY EXPERIENCE WITH EVERYONE I MEET.
I DECIDED TO TEACH OTHERS TO FISH SO THEY CAN FEED THEMSELVES, WE DO NOT NEED A HAND OUT< WE NEED AND OPPORTUNITY TO SUCCEED. TO SAVE OUR HOMES AND OUR LIVES< OUR FAMILIES, OUR COUNTRY.
THANKS, MR. GARFIELD, SOON WE WILL HAVE YOU IN THE NORTHERN VIRGINIA AREA.
I think we should all do whatever we can to help bury these SOB’s.
Steve
San Diefo, Calif.
99Libra@gmail.com