Thanksgiving: Turning the Tide 11 Points to Consider

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BRAD AND I WANT TO WISH ALL OUR READERS A HAPPY THANKSGIVING NO MATTER WHAT ELSE IS GOING ON IN THEIR LIVES. TAKE THE TIME TO APPRECIATE WHAT YOU HAVE, HUG YOUR LOVED ONES, CONSIDER THOSE IN THIS WORLD AND COUNTRY WHOSE CIRCUMSTANCES MAY BE WORSE THAN YOURS AND COUNT YOUR  BLESSINGS THEN AFTER THE FEAST, WHY NOT SIT DOWN WITH PEN AND PAPER AND DRAW OUT OR WRITE OUT WHAT YOUR NEXT STEPS ARE GOING TO BE.

We have only been a vehicle for the increasingly sophisticated public who have taken basic black letter laws and rules and used them toward the ends of justice, to stop the theft, and to stop the courts, legislatures and executive branches from missing the opportunity of a lifetime to return our government for the people and by the people. YOU ARE THE BOSS. We give thanks for you giving us this platform to express our views and all the support you have provided through thick and thin.

We are doing an inventory on where we are (a far cry from one year ago and especially 2 years ago). We have plans here that will be launched soon to make it easier for you to get the education you require, and to get you the help you need.

Take stock of the knowledge you have acquired, the things you have realized and renew your determination to make next Thanksgiving a time for giving thanks to yourself for saving your home, your lifestyle and your dreams.

Here are some “resolutions” you might want to consider:

  1. I won’t quit fighting for the things that are rightfully mine, like my home.
  2. I’ll learn more and fight better.
  3. I’ll win in the end.
  4. I’ll write letters taking the wording from my favorite articles on this blog. I’ll send them to newspapers and magazines, blogs and news sites as letters to the editors
  5. I’ll send letters to my congressman and my senators, the Treasurer of my state, the attorney general and the governor demanding that they take more aggressive action in exposing the fraud of pretender lenders, demanding that they file suit for damages to the state, and demanding that they levy and collect taxes from all the revenue that was unreported and unpaid taxes, filing fees, penalties and interest. FIX OUR STATE! should be the battle cry.
  6. If I have a mortgage that is not in default, I will send qualified written requests and debt validation letters under federal statute demanding the information on who owns my mortgage, how much they have been paid from the federal government, how much they have been paid from insurance-type contracts, and the contact names, addresses and phone numbers so I can compare notes with the investors or their successors.
  7. If I have “missed” making payments, I will not assume I am in default because the pretender lenders are hiding third party payments on my loan obligation.
  8. I’ll find out by filing suit if necessary, how much money was made in the sale of my mortgage to investors (the second yield spread premium). I will sue for this undisclosed fee in accordance with TILA and RESPA and the rights of investors under the Securities and exchange Acts of 1933 and 1934.
  9. I’ll find out by filing suit if necessary, how much money was paid toward my loan obligation by the Federal government or through other insurance products like credit default swaps and thus WHO OWNS MY MORTGAGE.
  10. If I am a professional attorney, accountant or forensic analyst, I will seek better and better ways through creative procedural strategies to get the point across to more and more Judges that these are NOT deadbeats trying to get out of a bona fide obligation. These are people caught in a spiral of greed, targeted by predators whose only purpose was to make loans that would fail so they could collect from insurance and the federal government.
  11. I will seek the answer to the following question: Why Should the Pretender Lenders Receive Payment on an obligation that has already been paid in full?

14 Responses

  1. I’m very sorry to learn that Neil is experiencing health problems. Prayers will be said in our house for Neil.

    Hopefully everyone enjoyed Thanksgiving!

    Without the help of Neil, Brad, and some very kind contributors to this blog (who my wife and I now consider to be dear friends) we would have be out in the street already.

    I really want to contribute to this cause. I have an idea in mind for people on the Treasure Coast of Florida. Let’s group together and share our experiences in engaging Lawyers. Finding a knowledgeable Lawyer seems to be a daunting task. Perhaps if we work together locally we can separate the wheat from the chaff. If anyone on the Treasure Coast is interested in working on this…let’s talk.

    chunga85@hotmail.com

    Another concern of mine is the tax ramification for those of us behind in mortgage payments who’ve been able to stave off foreclosure. So far I haven’t come across much information about that.

    For the remainder of the weekend I’m not going to worry about a thing and going to enjoy the company of my wife and three dogs. We hope everyone does the same!

    Come Monday…it’s back to the fight!

    God Bless one and all!

  2. ” Happy Thanksgiving …give thanks to all the Blessings you have……he said,

    and don’t complaint of the things you don’t have..”

    “I’ll be eating turkey with my ” kids ” tomorrow “…he happily remarked .

    With a smile on his face ..this Orlando 9 th Judicial Circuit

    Court .. Judge…denied my motion to vacate judgment , and

    allowed my house to be sold on Jan. 2010.

    We became a ” potential homelessness couple.”… .the day

    before Thanksgiving..

    He was very kind to a Wall Street Bankster [ plaintiff ]..he gave away my only home ….

    During this hearing ..one of my main arguments ..

    was the Plaintiff’s lack of recorded Assignments ..and chain of

    Title .. [ The Bankster is not my original lender..].

    The smiling Judge made this comment ..that shocked us …

    ” Florida law does not require Assignments to be recorded…

    …to prove the Plaintiff’s ownership…!!.

    Thank you Judge for your good wishes .. ?

    I hope you don’t choke on your turkey…that would be a good

    Karma affect.

    We lost our appetite …… thanks to you….

    ( but we’ll be back ..and we’ll fight again in a different court )

    LF …

  3. Happy Thanksgiving to all of my fellow Foreclosees.

    May we all have the ability to find some joy and comfort in this holiday.

    May we all acknowledge with gratitude some of the gifts which are within our capacity to enjoy.

    May we smile with a loved one.

    May we find relief in laughter.

    May we show compassion to one who irks the hell out of us as we can not know the stresses weighing them down.

    Please allow me the opportunity to thank each and every one of you. Though this very challenging year, this blog, it’s founders, members, and silent lurkers have educated, empowered, supported, strengthened, motivated, encouraged, and cheered me.

    I truly thank G-D for this little corner of the internet where I have found knowledge, friendship, and laughter during these turbulent times.

    Happy Thanksgiving to all!

    Lisa E (Pro Se Florida)
    http://www.ForeclosureHamlet.org
    ForeclosureHamlet @ gmail . com

  4. Brad
    I think i should mention I’ve thanked Neil many times and unintentionally omitted you, so
    Thank you Brad ..and ALL the others that have helped to sustain & push this effort forward..Blessings come in all forms & i hope everyone reading will see and find reason to offer to each other what Neil , Brad , all those participating & posting here have given.
    THANKS

  5. I too am thankful for Living Lies–be well, Neil!

  6. Happy Thanksgiving! Judge Gives Debt-Ridden Couple a House

    http://www.nbcnewyork.com/news/local-beat/Happy-Thanksgiving-Judge-Gives-Couple-a-House-73531952.html

  7. so I hit send, and wanted to say one more thing.

    To Brad,

    Happy Thanksgiving

  8. Neil,
    First of all, Happy Thanksgiving. I hope you are well.
    I am Thankful for you, for all you do, for this site, and the encouragement you give all those of us who are in this unfortunate position.

    Abundant Blessings and Thanks,
    Juli

    I did not see this posted so here you are, I found this very interesting.

    As I am typing this, I am hearing it on the news.
    Saw this article in NY Times
    I don’t like to post this article in the wrong space but I don’t want to let it go. Please move to where it belongs

    Judge blasts bad bank, erases 525G debt

    Judge KOs 525G mortgage to slap bank
    By KIERAN CROWLEY, RICH WILNER and DAN MANGAN
    Last Updated: 4:18 PM, November 25, 2009
    Posted: 3:46 AM, November 25, 2009

    A Long Island couple is home free after an outraged judge gave them an amazing Thanksgiving present — canceling their debt to ruthless bankers trying to toss them out on the street.
    Suffolk Judge Jeffrey Spinner wiped out $525,000 in mortgage payments demanded by a California bank, blasting its “harsh, repugnant, shocking and repulsive” acts.
    The bombshell decision leaves Diane Yano-Horoski and her husband, Greg Horoski, owing absolutely no money on their ranch house in East Patchogue.
    Spinner pulled no punches as he smacked down the bankers at OneWest — who took an $814.2 million federal bailout but have a record of coldbloodedly foreclosing on any homeowner owing money.

    YOU OWN IT: Greg Horoski won his battle to keep his Patchogue one-level ranch home, as a judge called OneWest bank’s foreclosure efforts against Horoski and his wife “repulsive.”
    The bank was so intransigent that he [the judge] decided to punish them,” Greg Horoski, 55, said about Spinner’s scathing ruling last Thursday against OneWest and its IndyMac mortgage division.

    It erased up to $291,000 in principal and $235,000 in interest and penalties.
    The Horoskis — who had been paying only interest on their mortgage — had no equity in the home.
    Horoski, who had begged the bankers to let him restructure the loan, said, “I think the judge felt it was almost a personal vendetta.” Dealing with the bank, he said, was “like dealing with organized crime.”
    OneWest said, “We respectfully disagree with the lower court’s unprecedented ruling and we expect that it will be overturned on appeal.”
    It claimed it “has been extremely active in working with consumers on home loan modifications through the Obama administration’s Home Affordable Modification Program and other loan modification initiatives.”
    The bank is owned by a private equity group that purchased the failed IndyMac bank.
    Yano-Horoski, a college professor of English and cognitive reason, and Horoski, who sells collectible dolls online, bought their 3,400-square-foot, one-level house 15 years ago for less than $200,000.
    In 2004, court records show, they refinanced, paying off their original mortgage with part of a $292,500 sub-prime loan from Deutsche Bank. They used what was left for health care and for his business.
    The loan carried an initial adjustable interest rate of 10.375 percent, which soared to 12.375 percent.
    It eventually ended up being either owned or serviced by IndyMac, and the bank sued the couple in July 2005 when they began having trouble making payments because of Horoski’s health problems.
    After a foreclosure was approved last January, Yano-Haroski successfully asked for a court settlement conference.
    Spinner excoriated OneWest for repeatedly refusing to work out a deal, for misleading him about the dollar amounts at stake in the case, and for its treatment of the couple over months of hearings.
    OneWest’s conduct was “inequitable, unconscionable, vexatious and opprobrious,” Spinner wrote.
    He canceled the debt because the bank “must be appropriately sanctioned so as to deter it from imposing further mortifying abuse against [the couple].”
    The bank is involved in a similar case in California, where it’s trying to foreclose on an 89-year-old woman, despite two court orders telling it to stop.
    kieran.crowley@nypost.com

  9. BLESSINGS TO NEIL AND BRAD–true American heroes of our time!

  10. Cheers to these Thanksgiving wishes, here’s to Neil and everyone’s health!

  11. Dear Neil:

    I would like to advertise on your website. We are in foreclosure and are fighting the fight. My wife discovered your website many months ago and it has been a blessing.

    First I would like to say that I wish you well with your health issues and as one who has been through similar situations, I feel fully confident that you will get back to your old self. We are in the mess that we are in due to health issues and having to go through the US medical system. Five years ago I contracted endocardinitis which was followed by a mitral valve repair, which was followed by prostate cancer and seed therapy, and just six months ago I finally had to get my back repaired due to being 90% blocked due to a condition known as spinal stenosis. We are not deadbeats but on top of all this my business contracted dramatically and we are owed over $150,000 by all my clients who stopped paying me almost simultaneously because they did not have the money.

    After we got behind in our payments, we tried to acquire a loan modification program because our rates had just doubled. The runaround that we were given in the lies that we were told were truly unbelievable. Then, to make matters worse, the bank was sold them went from Chevy Chase to Capital One. During this period, my wife was at a stop light and rear ended by an 80-year-old woman going 50 miles an hour. The fun never stopped!

    Political Action Group

    I would like to start a political action group consisting of those people who are in foreclosure or getting close to forclosure or people who are having trouble with these horrible option arm loans that were perpetrated on the public. During my health problems my wife Cindy, who is a wonderful lovely woman had to deal with the sharks by herself. We had a loan broker who turned out to be working without the proper license and consequently worked with a bank that put us in the worst possible loans. After a forensic audit was conducted we discovered a litany of illegal actions taken by both the broker in the bank They altered things such as the yield spread at the last minute and unbeknownst to us change the numbers on the loan application in order to qualify for a stated income loan. Cindy was not conversant in these kinds of things so she took the brokers lead who ended up being a big cheat. The forensic audit was done by Patrick Pullatie and he actually discovered an enormous amount of things which I had no idea had been implemented on our behalf.

    So the long the short of it at this point is that I believe that we need to band together as a political group because power and votes are the only thing that Washington understands. This would also extend to the states. It’s time to throw the bums out and I hope it’s not too late.

    While my wife has been working to keep us solvent with their own business, I have been involved in my gold business. I am a writer, analyst, an investor for the junior mining companies. My idea is to form a political action group and try to acquire as many members as possible. I would charge $28 per person and for that they would have access to a website and that would help to support a staff of three. We would piggyback as much as you would allow with your site but I think the idea has to be that every time a bill comes up or a major piece of legislation becomes introduced every senator and House member needs to be contacted by these members.

    Homeowners United Together (HUT) will be the name of the site and the objective is to have power in numbers. Critical Mass is what we need both individually and collectively. Every congressional member and their staff should have their e-mails telephone numbers websites etc. listed so they can be inundated with political messages from their constituents and from people across the country.

    The overall financial system is corrupt

    While we hire our own lobbyists we also try to assist people in becoming knowledgeable about the entire financial system and how corrupt it is. The US dollar is quickly becoming a third world currency which is leading us down the path towards insolvency on a national level. Currently the national debt is around 58 trillion but in reality it is closer to 100 trillion with $500 trillion of OTC derivatives on the books with counterparty risk. This is why gold is going to $5000 perhaps $10,000 an ounce. The government has been manipulating the price of gold for the last 20 years and of course especially since Nixon took us off the gold standard. Summers wrote a paper called Gibson’s Paradox and in it he outlined the idea that you break the thermometer, i.e. gold, and you can do what you want to with interest rates, COLAS, and the dollar. Without the canary in the gold mine (sic), there is no real way to tell what’s going on with our economy. The backbone of our economy has been housing and manufacturing. The backbone of the dollar was the economy and the military. It is now based on empty promises or I owe you nothings. The dollar is a debt instrument, it is not a credit instrument and currently is not worth the paper it is printed upon. We are fast becoming an empty shell nation. People need to understand what’s happening on the larger scale so they can work on their own particular levels to alleviate their home ownership problems. That includes all of the lies that the banks have perpetrated on the people. Currently every household in America owes $250,000 towards the national debt. It will never be repaid.

    I believe it is getting close to 15% of all homeowners in America are in trouble due to job losses medical issues, and a plethora of other factors which is going to tear this country apart. It firmly believe that we need to ban these 15%, soon to be 25% of people together and help to educate them as to what the real problems are. Americans have a tendency to push things under the rug until finally it becomes unbearable and reality needs to be faced. We are at that point
    .
    This is about saving the country on a state and national level. We have one of our local communities here in California called Pacific Grove officially in bankruptcy. It’s only going to get worse

    Banding together
    .
    I want to say one more thing and that is simply that the best way to implement change is to band together. And for those people who are unemployed, we can assist them in investing in gold and the precious metals complex. It does not have to be futures or options or anything terribly exotic. There are simply some excellent junior mining companies that have gold in the ground and many of them are producing. If you look at Homestake mining during the last Great Depression, you’ll see that it outperformed just about every other investment. It went up 50 fold. Gold is going to do that again only this time it’s going to do it on steroids. Americans simply don’t understand gold and the government certainly does not want you to. We need to get that message out there and quickly because money in the bank is money to be appropriated by the government and depreciated by the banks.

    So, I look for your help. I would like to be able to advertise to your members and have them sign up for HUT. I have three people that I can use to kick this off and sophisticated database programs that will help us to unite these people and implement the changes that we all know need to be implemented. I believe the courts are on the sides of the bank and that needs to change.

    People to band together and there is a huge groundswell move towards changing the laws and exposing the banks for what they have done. Goldman Sachs currently is running in the United States treasury and Geitner is a crook. I am neither a Republican or Democrat in fact I dislike both parties immensely and of anything I lean more toward the libertarian side of things or being morbid constitutionalist. We need to put petty politics aside and work on several different levels to regain our country.

    When the politicians realize that they are going to get kicked out en masse I think they will pay attention. Right now they think they’re dealing with a toothless tiger and it’s imperative for that Tiger to grow fangs the size of the old sabertooth tiger.

    My telephone number is 831-655-8700 in my e-mail is consulting@seacoastpub.com. Again my name is D. Stewart Armstrong and my friends call me Denny.

    I think we can make this work and I look forward to your help. I would be advertising for our group in every location possible and I want you to realize that the mission statement is twofold: one is to keep people in their homes and to help them find the attorneys that get it and secondly teach them about gold and how they can profit from it.

    Incidentally, I write for GATA which is the best Gold Site on the Internet along with Jim Sinclairs site (www.jsmineset.com) And if you have a chance please review Jane D’Arista’s seven part interview on Real News Network for a linear presentation of the economic crisis.

    Best regards, and continued good health and a happy Thanksgiving,

    Denny (Email or phone is fine)

  12. Neil,

    I will leave your well deserved accolades to others on this “Eve”.
    Instead, I will tell you, I am committed to the “resolutions”.
    Whether I prevail or NOT, I will still be committed.
    And I will say again Godspeed.

  13. Dear Neil
    I offer a toast this year of Thanksgiving to you [NEIL ] and your family ..
    in a sea of darkness you have been a beacon for the homeowners that searched for the answers. Without your offerings here @ Livinglies these endeavors of homeowners would have been insurmountable.
    thank you..and shine on!

  14. Happy Thanksgiving to Neil and all

    I would like to take this opportunity to truly give thanks to Neil and Brad for giving me the opportunity, knowledge and mentoring to follow Neil’s mission and help save homeowners from losing there dream home. I am truly blessed with Foreclosure Defense Group backing that I through my law fim of truly dedicated attorneys and professionals who believe in what we are doing in fighting for the rights of the homeowners will prevail in the long run. My fim is leading the way in appealing to the District Court of Appeals cases we believe that the Courts have wrongfully granted summary judgements. We are constantly with Neil’s help coming up with new stratergies and idea’s to revolutionize our foreclosure defense practice.

    I give thanks on this Thanksgiving Day that I have my health (and Neil stays healthy) to continue to advocate on behalf of the homeowners in the State of Florida. God Bless and Happy Thanksgiving to all.

    Scott Fistel

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