It’s Vindication, Not War

The prevailing view by homeowners and lawyers is that we are at war with Wall Street, the banks and even investors. People are angered by the bailouts of big financial institutions while the homeowners, the backbone of our economy are given nothing. It is easy to be swayed by emotion when your life and everything you have worked for by the rules are put at risk by unscrupulous mortgage lending practices, violations of securities laws and regulations and mortgage servicing fraud (the current “big game” in town). My advice is that although you have every right to be angry, anger can lead to bad decisions, judgments and actions. Keep your eye on the ball.

Your goal is to get justice which in this case means to put everyone back in the position they were in before this massive fraud occurred. There is a branch of government that is devoted to doing nothing but giving you a venue to be heard on your grievances and complaints. That is the judicial branch that maintains an extensive system of courts throughout the country. The laws and rules governing procedure in presenting your claims, counterclaims, affirmative defenses and demands for information are fairly straight-forward and mostly fair. Use them with the same cool detachment that the lawyers for the pretender lenders are using them.

Whether it is non-judicial sale or judicial sale, you have the power to enforce your rights with the full force of the government behind you. The nub of the problem is a form of “servicer fraud” if we expand “servicer” to mean all the intermediaries in the securitization chain. None of them invested in your loan, none of them are at risk, none of them will suffer a loss and yet all of them are scrambling to take title to your home. And they do this using laws and procedures that allow it — IF you don’t do anything to defend yourself.

But your goal should not, as in war, be to destroy the enemy. Your goal should not be to hurt someone else. Your goal is to keep your home and get a fair accounting and adjustment reflecting the fact that your loan was sold to you under false pretenses and the actual lender (the investor in mortgage backed securities) has probably received payment in whole or in part. Procedurally your goal is to get them outside of the smoke and mirrors they are using with intent to take what is yours. So you demand proof of ownership of the loan, demand proof of what money has been received and what has been spent by ALL parties in the securitization chain. The truth either comes out or the other side caves (the most common result).

If the collateral damage from you simply pursuing your unalienable rights under the U.S. Constitution and your state constitution is that pretender lenders are denied the unearned secret profit they were promised, that is not something for you to lose sleep over. And if it gives you pleasure to know that you did it, that is fine. But if you make it your goal to injure the other side you are conceding in your mind that they can be injured — which will come out implicitly or explicitly as an admission against your interest that the pretender lender has something to lose in your legal proceedings. That admission gives them standing to pursue the claims on the note and mortgage. So keep your cool and celebrate later. If you want to pursue revenge, punishment, do it after you have secured your home and family from this completely fraudulent attack on the basic American value of home ownership, fair play and decent business practices.

12 Responses

  1. “Nothing is to be preferred before justice.”
    Thank you Neil and Brad.

  2. I think it war. Vindication? Maybe if we win in the courts….but seriously, this is war.

    Anyone can help? I’m going through foreclosure in a state that “doesn’t get it.” There are no attorneys here that understand. HElP!!!


  3. I just heard our AZ state Attorney general Terry Goddard telling the media that he is very disappointed in the banks that had promised to modify peoples loans and are not doing it. He fears that if we don’t stop the foreclosures many more homes will be worth less than what people owe.
    Whats the chances of someone from your organization contacting and educating him on the “produce the note” theory and maybe we can be the first state where there will be a law requiring lenders to FIRST prove they own the note and have Standing, rather than poor home owners fighting them on their own.

  4. It’s war before vindication, in my case. Unscrupulous debt collectors work for this bank, using intimidation tactics that really don’t work at all., traceable too.
    But still don’t work

  5. Great article.

    Thanks to Livinglies for posting this info which has been and IS helpfult to my family and I.

    The “cool detachment” is fantastic euphemism for the posture of a succesful fighter. In Asian culture, Samuri warriors cannot fight when angry. “Cool detatchment” comes from confidence in the facts. As a hothead myself, this takes practice and pays off well.

    Again, great article

  6. Well said to say the least. Being poor does not make anyone rich, being sad does not make anyone happy, being angry does not bring peace. I nominate Neil Garfield for the person who makes the most sense these days. Namaste’ Robert

  7. I signed the petition!

  8. i did signed the petition to abolish the federal reserve act of 1913. hopefully, by reading the petition, the citizens of america will realize that we have been betrayed by our own government believing that the federal reserve system is a government entity. our legislative branches of government elected the president of federal reserve and confirming him as the one who would run the federal reserve system when the fact of the matter this entity is owned by private families. it is about time to abolish this federal reserve system that put us ” we the people” into what we are in now. i wonder when i watched 60 minutes two months ago, bernaski admitted printing out of money without congress approval. meaning that the federal reserve system has all the power over the government. wake up america.

  9. OH rose.. your thorns are showing….& I liiiiiiike IT
    i could not agree more.
    so i found a good place to start ..
    sign here
    Abolish The Federal Reserve Act of 1913

  10. Neil,

    Are you basically saying, if you have a counterclaim of fraud on a servicer, then dont pursue it untill after the case is dismissed at trial or hearing? I thought a counterclaim had to be introduced in the same case where the act of injury occured?

  11. Actually, it IS war.

    Wars are not personal.

    War is, however, all about goals, strategy, and determination. ALL elements needed for every homeowner who is defending their property.

    Just remember not to make it personal. After all, the “pretender lenders” and their minions aren’t taking this PERSONAL, ’cause to them…. you’re just a revenue stream. They don’t care about you, your family or your home.

    So, yes, it IS war… one you should engage in with the cold- hearted, clear eyed and deliberate actions of a well trained solider.

    Do what well trained soldiers do… study the rules of engagement, adhere to them, make sure the enemy can’t flank you and then when the time is right – STRIKE.

  12. Thank you There is so much clatter out there this really helps me refocus on what the real goal is!

    Thank you, thank you, thank you!
    Dan Edstrom

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