WSJ Commences Attack on Judges Granting Homeowner Relief

The Wall Street Journal has adopted the Murdoch brand of “news” reporting and with it, an attack on the basic principles of law that have been in place for hundreds of years. As you can see from the article below they acknowledge that more and more Judges are finding flaws in the foreclosure scheme, but frames it as a question about whether Judges are losing their “impartiality.”

This tactic, long expected, by those of us that have been promoting fairness and justice in mortgage litigation, is intended to inflame state legislatures into enacting “relief” measures that would “protect” pretender lenders from “technical” defenses and attacks from those crafty homeowners and their lawyers. This is a time honored tradition of the business community to use their money and ability to gain access to legislators and make it legal to do what was illegal. That is exactly what got us into this mess in the first place.

At the root of the crisis are toxic titles, loans that have been paid several times over, and foreclosers who have nothing to lose and everything to gain from foreclosure (at the expense of the real people who put up the money and their homes). It will take decades to unravel the legal mess created by these mortgages and by allowing foreclosed titles to go to parties that had nothing to do with the loan.

The silver lining here is that the lenders are obviously getting worried enough to plant articles like the one below.

Foreclosure Challenges Raise Questions About Judicial Role

By AMIR EFRATI

A group of state and federal judges presiding over foreclosures are wiping away borrowers’ mortgage debt, invalidating foreclosure sales and even barring some foreclosures outright.

The decisions in recent months by a handful of judges in states including Massachusetts, New York and Texas mark a new phase in the judiciary’s battle to stem the rising tide of foreclosures by punishing mortgage companies for paperwork mistakes and alleged mistreatment of borrowers.

The number of judges taking such action remains small, and most foreclosures go through without a challenge.

But the growing number of rulings against lenders’ claims is raising questions among some legal experts about judges’ impartiality.

“The question is whether judges are changing the rules in the middle of the game…just because there is a financial crisis,” says Todd Zywicki, a law professor at George Mason University and a critic of policy initiatives aimed at curtailing lenders’ ability to foreclose.

As early as 18 months ago, several judges in California, New York, Ohio and elsewhere would dismiss foreclosure cases if they could find reason to do so. But those judges often allowed the mortgage companies to refile their foreclosure claims after attesting to their ownership of the mortgage in the county in which the homeowner lives.

Now, after the country has been mired in a housing crisis for more than two years, more judges are calling these companies on their paperwork glitches, and in some cases going much further in their efforts to help homeowners.

It makes sense for judges to demand that mortgage companies follow the rules to the letter if they want to win foreclosure cases in court, says Raymond Brescia, an assistant professor at Albany Law School who has written about the role of the courts in the financial crisis. “I don’t think that’s a crazy idea,” he says. “To expect plaintiffs to prove their case is what the judicial system is founded on.”

But if judges decide to help borrowers in ways that overlook the merits of individual cases, Mr. Brescia adds, that would “undermine the integrity of the judiciary, and that’s not going to help anybody.” Instead, he says, it might trigger a backlash from legislators or regulators to rein in activist jurists.

At the heart of some of the court rulings is what became a common practice among mortgage companies: filing a foreclosure claim without showing proof that they actually own the mortgage and have the right to foreclose. This occurs in part because mortgages change hands multiple times after the original loan is made, but the mortgage documents and the contracts between borrowers and lenders are never altered to reflect those changes. Years later, it can be difficult to verify who is the owner of the mortgage.

That played a key role in a ruling in October by Keith Long, a state-court judge in Massachusetts. He invalidated two foreclosure sales that had occurred more than two years ago. The judge affirmed his own prior ruling that said units of U.S. Bancorp and Wells Fargo & Co. never had the right to sell the homes.

Judge Long ruled that even though the companies physically held the relevant mortgage documents, the mortgages were never legally assigned to them and recorded with the state.

“They’re selling something they don’t own,” says attorney Paul Collier, who began representing the borrowers in the case last year.

Walter H. Porr, a lawyer for the companies, which are appealing the ruling, says his clients “operated in what had been an accepted industry fashion for the better part of 15 or 20 years.” He adds: “We owned those mortgages.”

In October, a federal bankruptcy judge in White Plains, N.Y., rejected a claim by a mortgage company that the debtor owed $460,000. The judge, Robert D. Drain, said the company, PHH Mortgage Corp., couldn’t prove it owned the debt.

A spokeswoman for PHH, which is appealing, said the company is trying to resolve the case.

And in a prominent case in New York’s Suffolk County on Long Island, Jeffrey Spinner, a state-court judge, canceled $292,000 in mortgage debt after he ruled the borrowers were mistreated by IndyMac Bank.

The judge said in a November ruling that the bank displayed “harsh, repugnant, shocking and repulsive” behavior by making no attempt to negotiate a settlement with Diane Yano-Horoski after she and her husband fell behind on payments, despite a state law requiring the company to try.

OneWest Bank, which purchased the debt from IndyMac, plans to appeal. In a statement, it said the ruling, “if allowed to stand, has sweeping and dangerous implications.”

At least one judge has been admonished for appearing to favor borrowers. In September, a Florida state appeals court ruled that a lower-court judge, Valerie Manno Schurr, erred in routinely delaying foreclosure sales by several months. Her reasoning put concern for the homeowners ahead of the law, the appeals court said.

Judge Manno Schurr didn’t respond to requests for comment.

Write to Amir Efrati at amir.efrati@wsj.com

17 Responses

  1. Folks, I feel I need to state something here. I am the first post here with my letter to Amir Efrati. I just wanted to state that he responded to me personally via email. It was not a form letter email and we had several back and forth conversations. He is VERY curious to know more about what is REALLY going on and mentioned he would like to possibly follow my case. He had sent me about 8 attachments to articles he has written on the subject dating back to Jan ’07. To say the least he was very impartial to pro borrower. I think we should attempt to enlighten him best we can as he can be a very important conduit to get the news out. Anyway I thought this may help. I also turned him on to this site which he was very interested in checking out. I think it was very stand uppish of him to not just HIDE behind his words.

    Sal

  2. My letter to Mr. Efrati

    I truly believe that you do not know this subject matter. I am referring to your December 24, 2009 article in the Wall Street Journal entitled: Foreclosure Challenges Raise Questions About Judicial Role. I do not know how much, if any, research was done. It is my belief that before another article is written that you must understand this subject matter. Was this intended to inflame state legislatures into enacting “relief” measures that would “protect lenders from “technical” defenses and attacks from those crafty homeowners and their lawyers? This article honored the tradition of the business community to use their money and ability to gain access to legislators and make it legal to do what was illegal. That is exactly what got us into this mess in the first place.

  3. Additionally consider my continued rant; I do these rants free hand, check out this link while you are here http://www.slate.com/id/2239555/, or you can see the article on my blog all the same http://mariokenny.wordpress.com/2009/12/25/if-billionaires-dont-feel-guilty-about-walking-away-from-their-debts-should-homeowners/. I fail to see or understand why, if, the home in front of my home is cheaper to rent, which reason shall I concoct to not move into this home in front of me? especially when I believe the market will not come back for an untold amount of time.

    The author [Mr. Dimarco ] seems to touch on some moral, that a borrower should have in repaying a debt that cannot be verified by existing law, so the question is then which moral is of more value, the moral of being legally compliant or the moral of being personally compliant?. I would think, but of coarse I am biased, that legal compliance is more righteous and proper.

    Then we have the other question, are banksters morally compliant, do banksters use morality in their dealings or decision making processes? I move that the answer is, NO. The morals of a bankster are the ones that are fashioned on the bottom line, banksters have no regard for the rule of law or for easement of personal suffering caused by their reckless actions on unsuspecting borrowers, it is all profit driven. Have you seen the mountains of lawsuits that banks lodge on each other lately? The beasts of the banksters are consuming each other, with voracious intent. The borrowers are looking at this and we are taking heed, these cases are showing us the nature of the actions, in clear sight nationwide.

    The bankster has cut the same branch they sat on and now the branch has broken, but we bailed you out all the same, why do you still have to take the property?, why do you wish to cast so many millions of people into life long misery? , Children have lost opportunities to get further education, families have, under stress of the bankster riddled cunning, have been broken apart, pets have been slain and put to roam the streets, and we bailed you out, plus you got insurance payments for losses, and the IRS has also given you write off and write downs, how much do you want?

    What more does the bankster want? who will buy all these houses? The foreign people do not want them. Who will pay the taxes, do the upkeep, and cut the grass?

    In then end the house sells for next to nothing on the court house step, why did the bankster not give the homeowner this price? In the first place, or, in the second place.

    So tell me are the banksters going to seek the scrapping of the UCC and the many other black letter law that has been on our books for hundreds of years just because the greed of a few people, was left to rampage a whole nation? Yeah right aint gonna happen.

  4. Mike H; your points are correct….This then leads to what is
    happening with those consumers who have gone into bk
    and have lawyers etc. as we have seen NO SUITS
    to these effects as someone must have realized as I
    realized when Lehman filed bk and had never assigned our
    mortgage that ALS was nothing more than the issuer as
    the loan was never a valid assignment to the holder and
    trust…..what applies to almost all of these sham CDO’s
    that were never placed in the Trust…..

    We find it interesting that no one pays attention to
    UCC Instruments of Negotiation which clearly spells this
    out. As Mike said, in the most basic sense the mortgage is
    a bilateral contract between two parties, the borrower and
    the lender and both are the principles to the contract and
    devoid of valid assignments, all else is an end game and
    leads right back to the Courts, Judges and AG THAT ARE
    ALLOWING OUR MOST BASIC OF LAWS TO BE
    DENIED HER CITIZENS…THIS MUST STOP…IT IS
    EXPECTED OUR JUDGES ARE ABLE TO UNDERSTAND
    THE LAWS THEY PRESIDE OVER AND, IF THEY DO NOT
    OR IF THEY CHOOSE TO A AS A TRAITOR, THEN THEY
    MUST BE DEALT WITH IN ACCORD AND WE MUST
    COMPLAIN ABOUT CRIMINAL ACTIVITY IN OUR COURTS
    AND BY OUR COURT OFFICERS, LAWYERS OF THE
    FORECLOSURE MILLS.

    We noted here in MD that our AG only moves when her
    citizens call them to account as one brave one did just
    recently. God bless and keep telling the truth! tim

  5. Every body,
    Read Mike Hs post at bottom of column it is dead on.

    So True Mike so True.

  6. Richard Divat; very good points! Those judges are liable
    under law and may be sued and held accountable for their
    criminal malfeasance onto the public they have pledge to
    uphold the law and constitution to. While we are not lawyers,
    we can read and clearly interpret our laws to which we abide
    under and by and expect our jurist to do the same. These
    judges are compromising our country and her safety and
    traitors of the United States and her people….Neil has said
    this over and over and over and NEIL G, has been right from
    the start and as long as we have coming to his web site!!!

    Everything Neil has said is true. As for the judges who
    ignore their citizens due process and constitutional rights,
    they are traitors and should be teated in accord. The sham
    orders are just that, shams and yes, all who purchased those
    loans have a toxic title as the foreclosure, if a Mers, was
    illegal and a sham. Criminal complaints must be filed against
    these bad judges and complaints with the AG as they are to
    ensure their citizens constitutional rights are preserved
    and honored and to which there is but a few AG’s who have
    reacted accordingly, another point Neil continues to make
    correctly.

    There is not fear in complaining of a criminal faction and
    scheme at work when a judge knowingly orders a voided
    order….These judges have been warned and noticed
    they are denying Subject Matter Jurisdiction and lack legal
    standing to do anything other than to dismiss the case.

    As I said before, even if God agrees to SMJ, if the courts do
    not legally have it, they may not preside over the case and
    this is nothing novel or new with all of these other judges
    defying law and subject to criminal complaints and lawsuits
    to which, citizens should sue these judges and hold them
    accountable as our laws provide him to be when handing
    out void orders in a known plot and in knowing contravention against its citizens, heavy stuff, but yes they are
    accountable for their abuse of process and of the law
    knowingly. These are not stupid people and it is repugnant
    to our senses. God bless, tim

  7. Do the judges actually have a pecuniary interest for their role as a major “player” in the “Government Sponsored Enterprise Business Model”? Specifically by allowing parties (financial institutions) who are not sui juris before the court to litigate foreclosure actions when the court has no jurisdiction and must, as a matter of law, dismiss the case.

    The GSE Business Model has been called by George Soros as “fatally flawed”, “players are hopelessly conflicted”. Treasury Secretary Paulson describes the Model as “a systemic risk”.

    Those few judges who require an even playing field should be lauded. The “players” have been doing it so long, they think it is legal. I am concerned about the rest of the judges who simply ignore the obvious and continue to rubber stamp foreclosures. Judge Long points out the folly in anyone buying one of these foreclosed houses with a “toxic title” as they are worthless.

    I hail from Cuyahoga County, Ohio (Cleveland), called by many as the “epicenter” of the foreclosure crisis in America. In former administrative judge Richard McMonagle’s biography which is available on the web today he states:

    “As a result of the creation of this special fund (fees for foreclosure cases), the additional increase in the filing fee began a “gift that keeps on giving”.

    “This fund has continued to grow and has actually funded a recent $750,000.00 renovation in the Courthouse Square Building which houses the Foreclosure Department at no cost whatsoever to the taxpayers.”

    This sort of brainless logic has led to the largest financial meltdown in history. The GSE Model (Fannie and Freddie) underwrite over 90% of all mortgages written today. The “Guidelines” proffered to congress in exchange for the government guarantee of their mortgage backed securities are simply ignored by all of the “players” which include most judges, lenders, servicers, securitizers, investment banks, insurance firms, title companies, ratings agencies, , etc. etc. Every player pockets lucrative “fees” and the Model is designed that in the worst case scenario, that is an implosion, the taxpayers will foot the bill. This is exactly what has happened. The politicians are blind due to the campaign contributions and sweetheart mortgages from the GSEs.

    The courts should reflect inwardly which, I believe is what the judges mentioned in the article are doing. Nothing more than evening the playing field when, in fact, for years they lowered the bar to the financial institutions which led to the debacle we have on our hands today.

  8. The MERS Systems allows for lookups by Social Security Number. They have your SSN in their database along with your name. Who knows what else – but probably your mortgage history and credit information? Aren’t they required to follow Gramm-Leach-Bliley? Doesn’t this break the law for some 60 to 120 million users (maybe more)? (60 million mortgages where many of them have multiple borrowers). Are they notifying YOU of how they are keeping your personally identifiable information secure and when they can and cannot transfer this information, etc? It seems like they are allowing ANYONE who is a MERS member from ANY COMPANY to access your SSN and Name. What about the Fair Credit Reporting Act? What is their policy for securing this information and will they notify YOU if a breach occurs? You probably get a privacy notice from your bank and credit card companies once a year. I believe that is under the Gramm-Leach-Bliley Act.

    The same issue applies with the securitizer. They have your personally identifiable information including name, SSN, account numbers, address, CREDIT SCORE, etc. but you are only told that the originator has this information. If the banks (for your bank checking/savings account) and credit card companies have to send you notices once a year, how are these other companies getting away with this? For a long time it was concealment and most people didn’t know anything beyond their servicer, the originator and MERS. But know the curtain is down (or at least torn) and we can see the other side.

    I know some companies who are scared to death of Gramm-Leach-Bliley violations and the Fair Credit Reporting Act violations. But it seems like most of the companies in the securitization chain are very arrogant.

    In California these violations may represent felonies if combined with California Penal Code 530.5 (where personally idenitifiable information is used to commit ANY unlawful act).

    Disclaimer: I am not an attorney and this is not legal advice.

    Thanks,
    Dan Edstrom
    dmedstrom@hotmail.com

  9. Dear Neil, god bless, happy new years and thank you for keeping this real, we appreciate this!!!!! We have a very well written criminal complaint to share with ANY CONSUMER! CONSUMERS ONLY, NOT LAWYERS AND THE BANKS, BUT IF A CONSUMER WISHES TO CONTACT US, WE WILL SHARE A VERY GOOD CRIMINAL COMPLAINT THAT WAS SHARED WITH US AND THAT HAS BEEN IMPROVED UPON SPECIFICALLY NOTING THE FRAUDS IN THE ORDER TO DOCKET THE FORECLOSURE OR THE COMPLAINT TO FORECLOSE A DEED OF TRUST. These documents are uniform and this letter can easily be adapted to your instance so please do not hesitate to contact us, timcotten@mris.com and we will supply you with this word document that you may use in your consumer case or as you wish. We have included the Judges who issue void, and illegal orders, their Chief Justices who allow it and are not reversing cases for apparent lack of Subject Matter Jurisdiction and constitutional due process violations, the Trustees and their Lawyers and any and all faction working in contravention thereof, and complains of their Criminal acts of treason, fraud and shams upon the Courts and Public but good stuff and powerful.

    I note this is a very powerful complaint and if used correctly will force judges to reconsider what “They Are Purportedly Doing in The Name of Justice”…..Albeit not many, there are Judges out there who will hold their colleagues accountable…for their crimes against the populist all for greed and power so do not be discouraged and allow the Mantra to stop you for filing it………we have used this complaint successfully so here in Maryland, having a very bad and horridly corrupt judge removed from hearing foreclosure cases in PG county……This scummy judge, Dawson, chastise and made fun of the devastated citizens who appeared before him begging and crying and this man should be disbarred and removed from the bench for what he has done to this counties citizens, as removal from hearing foreclosure matters is not sufficient he needs to be sued and held accountable as does every judge of that district and court as well as the Sheriff for their acts of complacency and contravention AND EVEN THE AG’s if they fail to take action as they are required under our laws.

    A different version of this has also been used in Ohio, where another wonderful brave patriot used it against her judge who ignored her due process rights, noting this poor women and her family were never in DEFAULT OF THEIR LOAN, IT WAS AN ILLEGAL FORECLOSURE THAT THIS POOR CITIZEN COULD NOT STOP UNTIL SHE FINALLY COMPLAINED CRIMINALLY AGAINST THE OFFENDING JUDGE…..HOW IS THIS HAPPENING IN AMERICA…HOW CAN YOU GO TO COURT WITH DOCUMENTED PROOF OF MORTGAGE PAYMENTS EXHIBITING NO….DEFAULT EVER…..ON THE LOAN AND HAVE A JUDGE NOT, OR REFUSE TO HEAR YOUR CLAIMS??????????? HOW IN GOD DOES THIS HAPPEN??????? WE KNOW THIS HAPPENS AS IT HAPPENED TO US TOO!!!!! God bless Chris and her lovely family as this is who we received the initial version that was adapted into the now version we have been using.

    We encourage anyone who has been denied their due process by these foreclosure lawyers, pretender lenders and the courts and judges, WE URGE you to file a criminal complaint as a judge may not convert his judiciary for illegal purposes and in contravention a criminal scheme, the only thing that it may be when a citizen is denied the rights to due process. Judges do this often and regularly and while you may have a right to appeal, you do not have to appeal a voided order or one made in contravention of law….the what is happening every time a judge enters an order to foreclose any MERS DEED OF TRUST!!!!!!!! The criminal complaint we are sharing with consumers only, addresses just that specifically. When a judge lacks requisite subject matter jurisdiction, the resulting order is of no legal force and is void and can be complained of because it is void and of NO, NO, NO, LEGAL FORCE AT ALL….NONE!!!!!! ALL WHO ATTEMPT TO ENFORCE A VOIDED ORDER ARE IN FURTHERANCE OF A SCHEME AND IN CONTRAVENTION WITH THE CRIMINALS….BOTTOM LINE PEOPLE!!!! THEY TRESPASS ON THE LAW AND HER CITIZENS AND ARE TRAITORS DURING A TIME OF WAR…….

    For Consumers ONLY AGAIN, WE HAVE A WONDERFUL LAWSUIT IN WORD DOCUMENT THAT WE ARE HAPPY TO SHARE WITH YOU AND THAT SUES THE SCUMMY TRAITOR JUDGES AND THEIR SUPERIOR JUSTICES FOR PRESIDING OVER SHAM AND FRAUDULENT FORECLOSURE PROCEEDINGS SO PLEASE FEEL FREE TO CONTACT US TO OBTAIN THIS WONDERFUL DOCUMENT TOO AS IT SHOULD BE EMPLOYED EVERY TIME A JUDGE OR ANY OFFICIAL CHARGED TO UPHOLD THE CONSTITUTION AND RIGHTS OF HER PEOPLE DENIES THEM THEIR DUE PROCESS RIGHTS AS THEY ACT AS TRAITORS AGAINST HER PEOPLE. We will not share this with lawyers or industry insiders….consult your own SCUMMY lawyers please as these are FROM CONSUMERS TO CONSUMERS, consumers tools only!!!!! timcotten@mris.com, 410-257-5283.

    Lastly, as promised, we emailed the vermin Mr. Efrati and we suggest and encourage all visitors to this web blog to do the same as we must call these scum out and on the carpets for what they are SCUM, VERMIN AND TRAITORS!!!!!

    We do not take their drugs, pandemic vaccines, or LISTEN TO THEIR PROPAGANDA RADIO, WATCH THEIR PROPAGANDA TV OR READ THEIR SCUMMY NEWS PAPERS LOADED TO BRIM WITH PAID FOR PROPAGANDA SUCH AS THAT EXTOLLED BY Mr. Efrati’s ignorant analyses, A GOOD EXAMPLE OF WHAT BANK MONEY CAN BUY, AND THAT IS paid for by the scum who have taken over our media outlets, the corrupt government and Banking Cartel!!!!

    Who does not know GMAC, AND LIKE ILK’S/BANKS, OWN THE MEDIA? Who does this moron think he is fooling WITH HIS COMMUNIST BULLSHIT? What a joke this moron Efrati’s is!!!!! This moron, had he not been paid for his bullshit analyses, should have know that since the consumer demanded production of the original note and instrument, the consumer had a cause of action under TILA 1640 AGAINST THE PRETENDER LENDER NOT PRODUCING SAID!!!!!! But, guess according to this idiot who obviously did not know….so there was NO REASON TO DENY THE CITIZEN JUSTICE IN HIS COURTS OF LAW!!!!!

    Dear Bloggers and Readers of this worthwhile site, We urge you to please express your opinions to these scummy people and even consider criminal complaints of treason against the American citizens, by the likes of such as Efrati and WJS news station as they are the problem and must be eradicated from the public and recognized for what they are, TRAITORS OF THE AMERICAN PUBLIC, DURING A TIME OF WAR, SEE HOW FAST THAT CAN BE TURNED AROUND AMERICA AS SCUM LIKE THIS AND WJS, GMAC AND ALL THOSE BANK OWNED MEDIUMS ARE traitors and COMMUNIST WHO THREATEN OUR COUNTRY AND HER SAFETY AND MUST BE LOCKED UP FOR WHAT THEY ARE, TRAITORS…..of the United States…… WHO so willfully pumps out their Pooh and Yellow Rain Showers Upon the Populist, We the People…..NOW THAT WAS NOT SO HARD EITHER AMERICA JUST THINK OF HOW MUCH THESE COMMUNIST WILL ENJOY ALL THE CIVIL LIBERTIES THEY HAVE TAKEN FROM WE THE PEOPLE, HECK, WE DO NOT HAVE TO DO ANYTHING OTHER THEN ALLEGE THEY ARE A THREAT TO THE SAFETY OF THE UNITED STATES AND HER CITIZENS…..NOW AREN’T THEY A DANGER TO AMERICA? CONTROLLING WHAT NEWS WE GET AND LYING AND CONTORTING THE TRUTH TO CONTROL THE POPULIST…..GHEE AMERICA, YOU DECIDE BUT IS SOUNDS LIKE THEY ARE TRAITORS TO ME, IF IT LOOKS LIKE A DUCK, WALKS LIKE A DUCK IT IS……GOD BLESS US ALL, TIM

  10. just e-mailed this to Mr. Amir Efrati: ” i am not a writer for any “news” liar-paper, bu i truly believe that i know the facts behind all those foreclosures you are referring to in your “article” much better than you sir, I would advise you to immediately educate yourself at our glorious full of facts web-blog at: LIVINGLIES.WORDPRESS.COM; i believe that BEFORE you write another article and collect another check for any writing you are thinking of doing on the foreclosure “injustices” to which the “lenders/thieves” are being subject to, you MUST spend at least 30 days reading at livinglies and NOT until doing that should you even dare to come close to a computer to write your ridiculous and clearly “paid for” articles again. Sir if I were you, the only article that you should allow yourself to write at this point would be one to apologize to the American people for insulting our intelligence, how dare you write such insulting and one sided article???, i must confess however that after reading your article the first time I couldn’t hold back my tears for the injustices that all Lenders(bunch of evil thieves) are being subjected to by all those evil Judges that are doing what they’re actually suppose to be doing, which is to protect US, yes! us the American people. I can see that money can indeed buy anything and anybody, and it can also make people shameless and turn them against the very people that they should be protecting/looking after, how does it feel writing totally misleading articles sir? how do you sleep at night?. Media manipulation it is NOT new in our country though, it is just as old as prostitution, wait is there an actual difference here? sorry Mr. Efrati, just got distracted for a second there, anyway, where was I? oh yes, do I/we need to say more Sir for you to understand that we repudiate 100% money/lender’s whores? i think not. Sleep well Sir, by the way, you can access livinglies.wordpress.com 24 hours a day, we all here will be VERY happy to help you understand(not that i really think you don’t know it already)how the rat bastards Pretender-lenders are stealing homes across our land, and now you have become one of their co-conspirators against the American people, congratulations on your new roll in your glorious career Sir, boy i feel so much respect for you right now!!
    To victory America!!!!!!

  11. Let’s get the story straight. While those cases are good how about the one’s the judges are attempting to sweep under the rug?

    Mine is one of those. Therefore, being the top mortgage collector for Chase and Citi I say I’ve proven their stealing homes! I have evidence surrounding this. This goes all the way to the top..The owners of the company I used to work for are two of the top trustees across the USA. Attorneys are outright thieves in collusion with the judges. The truth doesn’t matter! Even if I could help the banks make a few billion! Theives and LIARS are WHAT THEY ARE…

    Here’s some of the Attys in Stl that are corrupt!
    Barry Schermer SR. dist ct bk judge-
    Michael Moody-AR Judge
    US Atty Stephen Davis
    Bryan Voss

    I got them all for being Impartial in ST. louis…biased/impartial doesn’t cover theft by judges and attys. Nationally for 6 yrs almost now I’ve been trying to tell the Dept of Justice what the hell was happening…HERE YOU ARE….Talk about WASTE! What’s the use in trying to tell them anything…We’re all just a number anymore!

  12. Re: Mr. Efrati: yes, we sure are going to email this traitor. What is wrong with these people who think due process is only for them and Corporate America? This is a matter of constitutional rights, just why vermin like Efrati, need to be locked up in those FEMA AND MILITARY INTERMENT CAMPS, they are planning to use against us, “We the People”. Mr. Efrati must be recognized for what he is, A Traitor of our country and her citizens constitutional rights and includes all ilk’s of like. These people and their corrupt media organizations, owned by four companies in toto, must be eradicated from our society, we must boycott these propaganda mediums, TV, Radio, and News Papers and we must recognize them for what they are, conduits of our imperial glass that are corporate America, likes of Bill Gates, etc., Mr. Efrati, GMAC, our judiciary, government systems. WE AS THE PEOPLE, must not patronize these traitors and must rebuke them, cover our ears, and turn our backs on them. They control our media extolling only what they want us to see, hear and think using Reality TV and the likes of, to control our minds and turn us to the mush they all peddle.

    We must take back our country and impeach, lockup, and eradicate these vermin from our society and treat them as and for what they are, TRAITORS.

    We must empower ourselves to use our legal system the way it was intended to used and vehemently, and with jealousy, protect her citizens rights thereto, the what is not happening at the hands of such traitors as Mr. Efrati, the news media that has paid for such a treasonous piece in an attempt to promulgate propaganda for control and their own greedy initiatives, or otherwise distorting the truth with intent to mislead, “We The People”; as well, all corrupt Judges who look past the our constitution and her laws and who deny their constitutes and citizens judicial access, the later is a growing problem today and must be ended immediately. Yes, this even includes the poor citizen sympathizing judge, had she been wrong! I note, the judge merely erred in correctly articulating her judicial reasons in a manner in which she would have been justly correct, that was and is, “Justice”, would be greater served in extending modest sums of time to the consumers. She would have been more than justified in so doing since there was no real harm to the banks and their fraudulent foreclosure action, and the pretender lender/MERS lacked first Subject Matter Jurisdiction, the required valuable consideration, and, the consumer, by constitution, is due impartial access to the courts and to expect that a Plaintiff MUST CARRY THEIR BURDEN OF PROOF ONTO THE COURTS, with Subject Matter Jurisdiction MAY NOT BE WAIVED OR IGNORED OR, SWEPT UNDER THE RUG, EVEN IF GOD AGREES TO!!!!!

    Mr. Efrati’s treasonous portrayal of this poor judge was repugnant to society and her laws as this judg was doing the right thing and simply misstated her valid reasons under law. Of course Mr. Efrati has just blown this out of proportion. I further am sure the court of appeals judge more than not, owns Goldman Sucks Stock or the likes there of as he too should have reached the same “Just” reasons and should allowed said).

    Judges may not create law and make new law nor may they ignore the law and the constitution and have a duty to guard the courts WITH JEALOUSY…..WHAT THEY ARE NOT DOING WHEN DENYING CONSTITUTIONAL RIGHTS OF WE THE PEOPLE IN SO DOING.

    Last, all I can say is I hope the judge denies Mr. Efrati his due process rights and constitutional rights to have his Appeal for Treason Quashed and just not heard because “We the People” just do not GIVE A DAM ABOUT A TRAITOR AND DO NOT want to hear it and just want them locked up for the rest of their lives…..As well as the same for the Judge as No One, is Above the Law or Our Constitution and Americans better start showing it to our Enemies and Traitors of “Our Rights, We the People”. Judges, lawyers, government and corporations who plot to control the populist for their own greedy and illegal ends, must be imprisoned and removed from our society and recognized for what they are, “Traitors OF THE UNITED STATES OF AMERICA. THESE PEOPLE ARE NOTHING OTHER THAN Communist Who Have Declared War on the Populist, We the People”! We have laws on the books still, to eradicate our government and her judiciary arms of such communistic take over. WE HAVE THE RIGHT TO IMPEACH, AND IMPEACH OUR GOVERNMENT AND JUDICIARIES WHO ARE IN VIOLATION OF HER CITIZENS AND THEIR CONSTITUTIONAL RIGHTS WE MUST AND WILL, IT IS JUST A MATTER OF TIME BEFORE THE POPULIST VOTE AND ARE HEARD AGAIN. MR EFFATI et. al, AND THEIR GREEDY INITIATIVES, HAVE NO PLACE IN OUR SOCIETY. GOD BLESS, AND, LIKE WE SAID MR. EFRATI, WE HOPE YOUR RIGHTS ARE DENIED WHEN THEY DROP THAT LETHAL INJECTION AND YOU WOULD HAVE DESERVED NOTHING OTHER UNDER THE GOLDEN RULE, DO ON TO OTHERS AS YOU SO WISH YOU, tim

  13. I challenge the writer of the article to walk through the process of trying to find out who the owners of his mortgage & note are.
    The reason presumed intellegent people like this writer say unitellegent things can only be for 1 of a few reasons:
    1. They are being paid to do so.
    2. They believe that the greedy bankers are actually following the law and not capable of commiting crimes.
    3. They have not studied their own loan documents or tried to find out who the owners are of their documents.
    4. They believe the lending industry has recently become so vulnerable that millions of unrelated people from everywhere got a memo to go in now and trick the banks into loaning them money that they could not afford to pay back.
    5. The think that Americans are so stupid that they actually wanted to borrow more money than they could afford knowing that inevitably they would be getting forced out in the cold.

    Whatever the reason,

    I CHALLENGE THE WRITER TO SEE IF THEY ARE ANY SMARTER THAN THE REST OF US AND GO THRU THE PROCESS OF FINDING OUT WHO THEIR LENDER IS!

  14. Dear Mr.Efrati,

    I think you might have hit a few points of borrower’s possibly getting a little lee-way on thier foreclosure cases from some kind hearted Judge but I think if you really check out the facts of the matter the pre-tender lenders have committed fraud and right down to main street wall street such as AIG & Goldman Sachs in which to me was the biggest fraud committed on the american taxpayer ever. If you check your facts in most of the forclosures that have happen over the last few years has been one sided to the lender who these so called lender in most of the cases have committed fraud on the public namely the homeowner and have submitted illegal documents to the courts to take peoples homes away from them in which they had no legal right to take. Please add this and check the facts to your next article in which I know you will not as it all boils down to the almighty buck and not whats right and not playing by the rules of law in which is for all americans not just the rich and greedy bankers, and our elected officials in washington who are bought and paid for by the banks and wall street and lets not forget the infamous Federal Reserve who answers to know one to date.

  15. Let’s start by pounding Mr. Efrati with some e-mails. Maybe he’ll get the message.

  16. What the borrowers, lenders and the legal system have forgotten, is that a “mort” “gage”, ie “death gamble” is a two way contract. When one boils it
    down to basics (extracting all the legalese and terms
    of interest etc.) it is a bet between two parties on a
    future event, the death of the borrower or the death
    of the lender. If the borrower dies first, the debt is due
    on death. Even if the borrower paid into it for twenty
    years and had 90% equity, the outstanding equity
    owned by the lender would be due in 30 days. If
    not paid, the lender could foreclose and evict the
    remaining family members. That’s why prudent
    borrowers take out life insurance on the loan at the
    very beginning.
    The flip side of the coin, is that if the lender dies,
    (gets dissolved) without first assigning the mortgage,
    the borrower wins the death gamble because there
    no longer exists a valid mortgagee to whom the debt
    is owed. The borrower win the equity of the lender.
    It’s similar to joint owners with rights of survivor
    JOWROS. If one dies, the other gets the property.
    Many of these fly by night pretender lenders died
    (got dissolved) without having ever assigned the
    mortgage, but the servers (collectors) are posing
    as the owner of the debt, when in fact they are not
    the owners of the debt. They are cheating the winners
    of the “death gamble” out of their lawful winnings.
    Their motto is “heads we win, tails you lose!” They
    are taking the “gage” out of the “mort-gage”.
    States should require translation of the word mortgage directly under the term in English “death gamble!

  17. My letter to Mr. Efrati. We must fight here people. The public needs to know that it isnt a few soft hearted judges. ITS GROSS NEGLIGENCE OF THE LAW ON BEHALF OF THE MORTGAGE INDUSTRY. Please write and fight!!

    Mr. Efrati, I would like to weigh in on your article on foreclosures. I am one who works in the securities industry and was made redundant over a year ago. Since then I have fallen on hard times and one of these trusts is moving to foreclose on my home. Through my research on how to take this problem on I have come across many gross errors on the side of the plaintiff. Before I begin I would like to preface by saying that I must update my licenses regularly to maintain my regulatory status which is required by LAW. A LAW which I must obey. That being said in a prospectus to clients a which is regulated by the SEC (a legal entity) an investor reads such prospectus and is confident that the words in it are bound by LAW. In such cases as you have mentioned in your article the reasons these cases are being thrown out are; lack of standing;not a real party in interest etc.. I mention this because in the Pooling and Servicing agreement it clearly states that the mortgage file is conveyed by “true sale” from originator to sponsor to depositor and to trust as to make the trust bankruptcy remote and REMIC eligible. All of these transactions are to have taken place no later than the closing date of the trust. In my particular case a lawyer for the plaintiff from another office other than the one suing my signs an assignment as a representative of MERS and not making herself known or attaching a power of attorney. This assignment not only goes from the originator goes directly to the Trust it is also dated 2 1/4 years after the closing date of the trust. According to their OWN prospectus this simply cannot be. Judges simply aren’t giving homes to people and this is NOT just sloppy paperwork. This is violation of LAW sir. I think this needs to be represented correctly. The investors are the REAL parties in interest and often they don’t know what’s going on in the fund. Often foreclosure can only be brought by the trust when 25% or more of the shareholders approve. Instead what is happening is the Trust forecloses collects on the CDS and keeps the house and passing nothing on to the true owners. Sir I implore you to dig to the facts. I have a tremendous amount of information to share. I understand on which team you fight but if you are a true journalist you will reveal ALL of the facts.

    The people who are really being screwed are the investors in the trusts and the borrowers not the people in between as they have hedged themselves quite nicely.

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