It was only a matter of time. This is probably the tip of the iceberg.
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Filed under: bubble, CDO, CORRUPTION, Eviction, foreclosure, Investor, politics, securities fraud | Tagged: disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, lost note, Mortgage, predatory lending, rescission, RESPA, RICO, securitization, TILA audit, Wells Fargo |
Reply for June Reno. We have had success in stopping the UD. We would need to see if you were served properly. Give us a call or visit our site below.
If you have foreclosure issues and need representation for lawsuits to stop the foreclosures, call our offices at 818.453.3585 and leave a message for Jimmy.
June email me tymeflyz@gmail.com
i want to.
1- start a class action suit.
2- know what the opposing attny filed to get past the automatic stay.
thanks
re; Autonomy ZANTAZ..btw sounds like anti-depressant drug..hahahaha NOT.
how A typical is it that both our government & the money laundering mortgage industry keep all their secure info [docs] in 1 place !!??
hmmmm… seems like an easy way for their [doc’s] to be compromised or destroyed by a disaster like a.,….hmm a low flying object filled with aircraft fuel.
its a big flashing neon sign huh.
I think that the biggest challenge at this time for anybody is to try to track down the real party in interest on all of these fraudulent loans.
Our loan originator was Cornell Funding dba: Direct Core Lending Riverside, California. They are now out of business and sold our mortgage and note (actually even before the date we closed) over to Option One Mortgage Corporation, Option One Mortgage Corporation turned over the servicing of the loan over to Litton Loan Servicing, Litton Loan Servicing Houston, TX used Quality Loan Servicing San Diego, CA as the “trustee” and foreclosing party. Residential Funding Real Estate Holdings, LLC “RFREH” becomes the purchaser and now proclaimed “owner” when they foreclosed on us on or about January 28, 2008 who didn’t notify us of the “trustee sale” between Quality Loan Servicing and RFREH. All this done while we were still under the protective order of the Automatic Stay in Bankruptcy 11 U.S.C. 362 (a).
As our litigation was going on which commenced May 8, 2008 suing Option One Mortgage Corporation, Litton Loan Servicing, RFREH, LLC, Attorney Geraldine Valdez serving as legal counsel for Option One Mortgage Corporation tells the Judge at our hearing that Option One Mortgage Corporation sold/transferred our loan in “July year 2007!” (again, while we were still under the protective order of the Automatic Stay in Bankruptcy 11 U.S.C. 362 (a). What?!!
In the meantime, Alice Blanco, Esq. Law Firm of McCalla Raymer, LLC @ 1544 Old Alabama Road, Roswell, GA 30076-2102 (770) 643-2148 submits a “Proof of Claim” charging our Bankrtupcy Estate $700,000+. RFREH is their client and nowhere is Litton named.
RFREH now enjoins Litton Servicing Houston, Texas who joins Quality Loan Servicing San Diego, California who in turn becomes the foreclosing party and under the “trustee sale” and transfers/sells our mortgage and note over to RFREH.
We didn’t know who the real party of interest to name in our lawsuit because we did not know who they were and it was never disclosed to us as to who in the mix is the true holder-in-due-course. To date it has not been proven that RFREH under the chain of title is actually the true holder-in-due-course that had the right to foreclose under law. Actually Quality Loan Servicing San Diego, California is the named beneficiary and foreclosing party on the trustee’s deed of sale.
All we know is that Option One Mortgage Corporation and RFREH, LLC are the 2 named beneficiaries/assignees etc. on paper in some of the foreclosure documents they filed with the San Diego County Recorders Office. But… Quality Loan Servicing is in the mix somewhere as the “Assignee and Beneficiary” of our mortgage and note who took action as the “foreclosing party”.
One law firm in Roswell, Georgia taps into our bankrtupcy asset estate, another Law Firm in Irvine, California (Ronald D. Roup, Esq. & Associates & Brad Simon, Esq. ) moves on behalf of “their client” : Litton Loan Servicing and Residential Funding Real Estate Holdings, LLC dba: Homecoming Financial Network (who utilizes a different law firm out of state) to take POSSESSION OF OUR HOME TO RESELL [FOR MORE PROFIT] BACK INTO THE OPEN MARKET AND THEN ALSO FILES PROOF OF CLAIM WANTING MONEY FROM THE BANKRUPTCY COURT UNDER OUR ESTATE IN BANKRUTPCY.
As of April 09, 2009 according to the County Recorder’s Office, Island Source li, LLC located in Minnetonka, MN (interestingly) dba: HOMECOMING FINANCIAL, LLC is now named as the “new purchaser” (not Homecoming Financial, LLC) of our mortgage and note and also now the proclaimed “new owner” who buys our home from RFREH for $211,500 who then hires RE MAX Real Estate Company to sell for $350,000 after Excel Properties (who files eviction with the courts with the help of Ronald D. Roup, Esq Debt Collector Law Firm in Irvine California and they both charge me for trespassing for being inside our home filing arrest charges with the San Diego Police Dept so I’m taken to jail because Roup became successful with the tainted Writ of Possession and after we petitioned 2 Ex-Parte Hearings in San Diego Superior Court to stop the eviction that was scheduled to take place on March 12, 2009. The police hand cuffed me and takes me to jail on March 14, 2009 because Ronald D. Roup, Esq./Attorney Brad Simon as the Debt Collector Law Firm Irvine, California (remember? as legal counsel for Litton Servicing and RFREH, LLC gives Excel Properties the charging order (March 11, 2009) to have me immediately arrested in order for RFREH to take POSSESSION OF OUR HOME charging me on 3 counts: Vandalism, Trespassing and Re-Entry . All of this because we were not successful pro se litigants in getting the 2 Judges (who were not reasonable after receiving notice of our bankruptcy recent filing 2-3-09) to stop the Sheriffs lock out at the ex-parte hearing. #1 they wrongfully foreclosed on us and #2 they double bill our estate in bankruptcy to collect on a debt they cannot justify even exists or that we owe!
Call me and I’ll give anyone who has any interest in the BK statutes used by Attorney Ronald Roup & Attorney Brad Simon to bootstrap, fool and mislead the Bankruptcy Judge about the true fact of our case and similarly used same in order to fool the San Diego Police and Sheriffs Dept. which unfortunately did lead to my arrest because the BK Judge (unfortunately) granted the Order to Roup and Simon based on their [misrepresentation] Motion for Relief from Stay while we believed we remained under the protective order of the Automatic Stay.
Is there such a thing so stupid and silly under the Bankrtupcy laws that would grant a creditor a 2 year ban on the Automatic Stay provision allowing them to take debtor’s real property despite how many times the same filer petitions the court for the protective order under the Automatic Stay injunction? In this case, the primary dwelling place of a debtor? What is there left for any homeowner who is trying to save their house avoiding homelessness if not the protection under the Automatic Stay in the Bankruptcy Laws for debtors.
It’s my wish that any law firm or lawyer who even thinks about doing this or has pulled this stunt by misapplying the intent of Congress on the BK statutes which works against the interest of a foreclosed homeowner/borrower because they failed to file (or just decided to be sneaky) the proper Motion under an Adversary Proceeding and Motion for Hearing with the Bankruptcy Court gets 90 years in jail like the woman who was just sentenced most recently for mortgage fraud!!
Anyone know what I’m talking about???
June
i’d be XTACTIC to get onboard a class action suit against “Quality Loan” the deeeeeeeeeep pockets of Saks Goldman.
June,
I responded to your email but it bounced.
Thanks,
Dan Edstrom
dmedstrom@hotmail.com
San Diego Homeowners seem to be asleep at the wheel. Until they get their eviction notices.
Anyone have Quality Loan Servicing, Option One Mortgage [Servicing Company] and Litton Loan Servicing Texas with an interest in filing class action or RICO? Or may be there’s already one going on that I don’t know about?
Residential Funding Company, LLC bought our note from Option One Mortgage who claims to be the holder in due course.
I would like to hear from anyone that has had any success in winning their UD case here in the San Diego UD Court (Dept. 5). Over 40,000+ foreclosures here in San Diego and it seems I’m the only one screaming about it . Hello.
Allan in above post- you seem to be closer to the truth than I can get, insofar as finding out which trusts have been unwound, paid off through cds, or other financial wherewithal- I noticed last week that Shroder/Shroeder Funds operating out of Luxembourg were carrying 10s of billions of dollars in mortgage backed vehicles at par value as of 6/30/08, seems a little optimistic even 8 months ago. I was looking for terms such as redeemed, unwound, satisfied, or whatever, I don’t know where to look, that is, to see if masses of mortgages have been paid off once, or twice, tarp funds etc. Keep us up to date on this please. I enjoy your well-researched posts. George
Wells Fargo is only my loan servicer but there is plenty of “RICO” to go around – they are attempting to foreclose on me. I also know several others (probably many others) are sueing them here in California to stop non-judicial foreclosures (and in these cases they also acted as the servicer).
Thanks,
Dan Edstrom
dmedstrom@hotmail.com
Consulted with an attorney here in Wisconsin. Since my loan closed in June of 05, fraud statutes and TILA statutes have run out (over three years since the close). However, there is no statute of limitations on RICO. I am looking for at least three Wells Fargo borrowers who have incorrect or inflated ASSET STATEMENTS in there closing documents. In my case, they stuffed in a CITIBANK savings account for over $15,000. This seems to be a pattern (false info added by the originators). Please contact me at usedkarguy@yahoo.com if you have experienced the same situtation with Wells Fargo originating your loan. This seems to have been a common occurence. If it indeed is, this is your proof of RACKETEERING!! (No statute of limitations on that one, guys!)
Dan, the way this layman understands “equal protection” is that government action, process or laws must be applied equally. 14th Amendment?
In civil matters, one looks for a balancing of equities, fairness, and adherence to the implied covenant of good faith and fair dealing.
Hopefully, an attorney will step forward with a more accurate response.
Allan
BeMoved@AOL.com
If credit default swaps, insurance, extra funds set aside for missed payments, buy-backs, etc guarantee payments for parties involved in this scheme, wouldn’t the borrower be protected also? If payments were made on their behalf, the borrower should be able to claim this benefit also. Neil and others have said this might apply.
That means if the borrower is denied this benefit but others are allowed (such as the investor or others) would that not be to deny the borrower equal protection?
I am not a lawyer. Can equal protection be argued in these cases?
Dan Edstrom
dmedstrom@hotmail.com
Way to go finding where emails are stored/archived by federal government entities AND other “RISK MANAGEMENT CUSTOMERS” such as Capital One, Goldman Sachs, Wells Fargo, Bank of America, JP Morgan Chase, Wachovia, Deutsche Bank, Merrill Lynch, Morgan Stanley, Barclays, et al!
Can such records be subpoenaed in foreclosure defense litigation directly from Zantaz?
Yesterday went online to SEC filings on Structured Asset Securities Company (SASCO), accessed one of their filings and called the number submitted as theirs. A fellow named Carlos answered my call with “Barclays,” and didn’t have a clue who SASCO was. “Never heard of them” he claimed as he mistakenly connected me with Newburgh & Berman, who also never heard of SASCO. Felt I was trying to guess under what cup the die was hidden as the flim flam man shuffled them around.
So, I got to thinking, is U S Bank National Association who is suing me in Miami in foreclosure, as Trustee for one of SASCO’s ‘deals,’ representing an entity that no longer exists?
The last SEC filings for SASCO are for 2007, BEFORE the collapse of Lehmann Bros and their partial absorption by Barclays.
Can an entity come into court claiming to be trustee for another and sue for foreclosure on behalf of a trust that has been shuttered, or a deal that has been unwound or paid off by a credit default swap, a buy-back, federal guarantee, or title insurance claim? Anybody?
Also, somewhere in one of these posts, someone claimed a trust cannot sue another trust or somesuch. When can ultra vires be invoked here?
RSVP
Allan
BeMoved@AOL.com