Program to Help Prevent Foreclosures Falls Short

Editor’s Note: The simple reasons for the failure of the Federal program are not just that they lack clearly defined goals; they lack clearly defined understanding of the problems of title and appraisal fraud. Homeowners are sitting with property that is (a) hopelessly underwater (b) with hopelessly clouded title and (c) hopelessly engaged in mandated modification process with disinterested parties.
At the moment the most attractive remedy is strategic default or variations on that theme. The modifications are smoke and mirrors that increase the number of title defects and simply turn homeowners into tenants with the responsibility to maintain the property with no hope of getting anything back.
July 21, 2010

Program to Help Prevent Foreclosures Falls Short

By SEWELL CHAN

WASHINGTON — The Obama administration’s program to help homeowners avoid foreclosure has fallen far short of its goals, in part because the Treasury Department has failed to spell out what its objectives should be, according to an assessment offered to Congress on Wednesday.

Only 390,000 homeowners have seen their mortgage terms permanently modified since the $50 billion program was announced in March 2009. That is a small fraction of the three to four million borrowers who were supposed to receive assistance under the program, which is financed by money from the $700 billion Wall Street bailout authorized in late 2008.

Neil M. Barofsky, the special inspector general for the Troubled Asset Relief Program, as the bailout is called, testified that “one of the greatest failures” by the Treasury Department had been the absence of clear goals for the program.

“It’s a simple recommendation that we made, that Treasury put forth how many people it truly expects to help stay in their houses through permanent modifications,” Mr. Barofsky told members of the Senate Finance Committee. “It’s a recommendation that all three of us on this panel have made to Treasury and that Treasury has ignored.”

That criticism was echoed by Elizabeth Warren, chairwoman of the Congressional Oversight Panel for the bailout, and Richard J. Hillman, managing director for financial markets and community investment at the Government Accountability Office.

Mr. Hillman said a recent G.A.O. report had found that the program “made limited progress in preserving homeownership, has suffered from inconsistent program implementation, and continues to confront additional challenges.”

Ms. Warren, who is a candidate to lead the new Consumer Financial Protection Bureau created under the far-reaching financial regulatory legislation signed by President Obama on Wednesday, said the bailout program had been successful in averting an economic collapse, but she too was critical about the way the mortgage-modification program had been handled.

“Fifteen months into this program, for every one family that appears to have made it to a permanent modification that’s likely to stabilize that family in that home, 10 more have been moved out through foreclosure,” she said. “This is a program that’s just — it’s behind the curve.”

Asked by Senator Max Baucus, Democrat of Montana and chairman of the Finance Committee, why the program was not working, Ms. Warren said: “It’s too slow. It’s too small.”

She noted that the program was based upon fees paid to servicers to renegotiate mortgage terms.

“In many cases, the servicers can continue to make more money if the family goes through foreclosure,” she said. “It’s just not a program that’s working for homeowners. It’s not a program in some cases that’s working for investors. And most importantly, it’s not a program that’s working for the economy over all.”

Herbert M. Allison Jr., the assistant Treasury secretary who oversees the bailout program, said in an interview by phone that the criticisms of the mortgage plan were overstated and that the program had helped 1.3 million homeowners.

The program offers mortgage servicers incentive payments if they complete mortgage modifications, which typically involve reductions in principal or in the interest rate. But to qualify for the permanent modifications, borrowers have to document economic hardship, demonstrate a certain debt-to-income ratio and prove that they live in the home — a threshold that many homeowners have not been able to meet.

Mr. Allison said the department was limited in its ability to compel servicers, who participate in the program voluntarily, to reduce mortgage amounts. “If we started to compel them, the risk is that we would lose servicers,” he said. “They could claim that it was a material change to the contract, and exit the program.”

He added: “We can’t control outcomes, because we can’t control the number of people who become delinquent, who have hardships, who have debt-to-income ratios above 31 percent, who decide to pay and remain current, who decide to remain in their homes.”

Other parts of the hearing reiterated previous criticisms made about the handling of the bailout: that the money was used to bolster big banks even as smaller, community-based financial institutions failed; that the government decided to fully pay the counterparties who would have lost money if the American International Group, the giant insurer, had been allowed to fail; and that the Treasury had compelled General Motors and Chrysler to close thousands of auto dealerships without sufficient consideration of the effect on employment.

22 Responses

  1. Digged = Dogged

    affort = effort

    I fail to understand why a “check spelling” or “edit”
    comments is not provided on this site.

  2. Saturday 24 Jylu 2010

    Let me add one more comment re my post below. There was a point in time when I knew less than trespass unwanted, and did not have the sharpness of mind she displays. There were no sites like this when I started my court battles almost 10 years ago.

    Interestingly enough, one of my most successful fights has been against the super giant, the IRS. I knew NOTHING about how to fight them when I first challenged them to prove the simple fact that I was a “taxpayer.” Digged persistence and constant searching on the internet helped me prevail.

    That is what is going on here, and we are all v fortunate to have access to sites like this and the many contributions and cases that “show the way.”

    “We are all born ignorant. It takes affort to remain stupid.” Benjamin Franklin

  3. Saturday 24 July 2010

    I am going to respond to trespass unwanted’s reply to me for the benefit of those who are defending themselves and have little to no courtroom experience.
    The court’s are adept at shearing the folks who enter expecting fairness. Her comments are those paragraphs starting and ending with “….” My response follows

    Lesson #1. Courts ARE NOT FAIR!!!! Remember that forever.

    “You are right, I raised no objections when he introduced evidence. For one, It was not obvious that was what he was doing. He would ask me, “did you see this?”, and I answered “yes, it was part of the complaint.’ and he handed it to the judge. My lack of knowledge of the subliminal aspects of a court procedure kept me from knowing what was happening to object.”

    Mr Gartner has stated in his video on evidence, avaiable for anyone to watch, that evidence consists of what the judge admits into the case, and the judge will always admit anything if no objection is made.

    These tactics by plaintiff, with assent by the judge, are not the least bit “subliminal.” The procedures are overt, but they are fast to fool the unsuspecting and let slip past as much as the lawyers can get away with.
    Unopposed by objections, most everything gets past.

    I have stated this before, one may have the best case, but one may always lose on procedures, [rules of the court and how to proceed]. Lawyers may not know law, but they are highly skilled in knowing procedure.
    Beats a good case almost every time.

    By moving quickly through the procedure of introducing documents against one who is self-defending, not realizing what is going on, he/she waives the right to object at a later time if no objection was made AT THE TIME documents were being introduced.

    Self-defenders think in terms of what is fair and what is right, expecting that thought process to be respected. Courts proceed on legal procedures that do not recognize the “sentiments” of fairness and right.

    “To me, a document matches when it’s a exact duplicate of what was filed.”

    That may be true for you, but it has to be stated “for the record” in court or else it will go unrecognized.

    The plaintiff submitted a Deed of Trust that differed from that filed with the county.

    “The judge allowed it. So what…”

    So what?!! By the judge allowing it, and with no objection from you, IT IS TAKEN TO BE TRUE, as a
    matter of record. Now, the burden of proof has shifted to YOU to disprove it. Going up against a plaintiff and a judge predisposed against you is hard enough. Why add additional burdens when it was the burden of the plaintiff to prove it?

    Sometimes, the plaintiff CANNOT PROVE what it submits. By not challenging it through the procedure of objection, one greases the skid in the plaintiff’s favor and against, guess who? One can often defeat a complaint at the initial stage just by denying and objecting to what is presented in the complaint!!

    “My main goal was to try to figure out how the ‘average man or woman’ who does not want to be a party to this mess, and who has no background or knowledge of the legal system, can defend their right to keep their property.
    In that aspect I failed.”

    True, but that is the plight of most all self-defenders, and it is exactly what the other side counts on, and it makes the judge’s job easier, as well. All is not lost, however, for there are sites like this with contributors who are endeavoring to add their experience and knowledge to the mix, adding cases where the other side has lost, etc, and there is always a second chance to undo what has been done. That is the good news.

    Who here among us has not tasted defeat against an experienced army of litigators who specialize in this fraud? We all have to learn to put sentiment and indignation aside and learn to fight back on their rules.

    Guess what? The rules can just as easily defeat the other side due to the many short-cuts taken because people never knew how to fight back. The blue prints are right here and on other similar sites, and the other side is stuttering and being pushed back!!!

    “The other side, can steal from you and if you don’t step into their system…”

    A gem of a statement from trespass unwanted. It is NOT because people are not smart, so many sharp minds are exhibited in these comments, all the time!
    The losses stem from ignorance of HOW to fight back,
    and that tide is turning, big time!

    “I wanted to be able to support my case and preserve my home ‘without’ knowing their system. I am not a member of their system, my religious practices prevents me from learning their system or being represented in their system by any of their agents”

    Not kowing “their” “system” is what causes defeat, and one cannot “preserve” their home without meeting them on “their” turf.

    “Religious practices?” They do not apply. While one may pray, the other side preys. One has a choice to make.

    “I’m disenchanted to know their system does not protect that basic right and that’s where I see from a Creator perspective, the creation thinks its greater than the Creator.”

    Aren’t we all. The organic Constitution protected individuals based on natural rights. That has been dispensed with, and organic, Christian law has been replaced by pagan, Roman law in this country, thanks to the Supreme Court and “stare decisis,” where all courts now have to rely on previous case decisions as a guide, aka statutory law, but that is a different issue.

    “I am not part of the problem, I am part of the solution. I just need to figure out how.”

    You are both. You get in your own way and become part of the problem for reasons given above. You ARE the solution by taking matters into your own hands by learning on to beat them at their own game. Sadly, there ain’t any other way.

    You have made some terrific conrtibutions here, trespasser, and count me as one of your fans for the insights you being. Add a little bit on procedural knowledge, and you are going to be one hell of an adversary!!

    The fight continues.

  4. Here is yet another pubication struggling to help homeowners – please look up and support all of them, especially this one – livinglies.wordpress.com – which is wonderful – there are strength in numbers – we need to look at, read and respond to all these publications to get t he word and our being out here – out there . . .!
    http://www.propublica.org/article/when-denying-loan-mods-loan-servicers-often-blame-investors-wrongly

  5. edgetraderplus
    Thanks for your comments,
    You are right, I raised no objections when he introduced evidence. For one, It was not obvious that was what he was doing. He would ask me, “did you see this?”, and I answered “yes, it was part of the complaint.’ and he handed it to the judge. My lack of knowledge of the subliminal aspects of a court procedure kept me from knowing what was happening to object.
    At the same time, it’s the evidence that I allowed him to enter that is the same evidence ‘supports’ my claim of fraud.
    I had entered the same evidence, except the Special Warranty Deed.
    Having not been the lender of record, they entered the Deed of Trust also, and entered it even though it doesn’t match the Deed of Trust on file in the county. To me, a document matches when it’s a exact duplicate of what was filed. Their copy of the Deed of Trust was written on it’s face with the last name and an account number, whereas the official document did not have that change and to me what’s official is just that official, if you change it from what’s on file, it’s no longer the official document until you refile it. The judge allowed it. So what…the Lender of Record was not the entity that did the foreclosure.
    The only thing not allowed was my Notice of Fraud, the other side said it was an opinion and the judge was not there to consider opinions in her ruling.
    My main goal was to try to figure out how the ‘average man or woman’ who does not want to be a party to this mess, and who has no background or knowledge of the legal system, can defend their right to keep their property.
    In that aspect I failed.
    The other side, can steal from you and if you don’t step into their system, they get a default judgment and if you do step into their system, they can walk all over you for not understanding the aspects of the system built for them.
    It was after I had my court date, that I began to feel like many others and the light in me faded on the belief of the system I operated in for so long. From now on, I will change how I work with that system that failed to recognize there are more of us outsiders, just wanting to live and be, and a few insiders that built the banks, corporations, and courts, and know the rules of the game are to pull you in and dispossess you from what is spiritually, legally (their world), lawfully (our world), ours.
    edgetraderplus, you said:
    “”It was incumbent upon you to tell the judge you wanted what you presented as evidence “for the record.” Too late for that now.””
    I wanted to be able to support my case and preserve my home ‘without’ knowing their system. I am not a member of their system, my religious practices prevents me from learning their system or being represented in their system by any of their agents. I am in this situation, by choice, because I did not want to be compelled to enter into any contract without my expressed consent, and I wanted to see if their system protected that right.
    I’m disenchanted to know their system does not protect that basic right and that’s where I see from a Creator perspective, the creation thinks its greater than the Creator. That is a sad state of affairs, because a creation stole from the Creator, and from a universal law standpoint, that’s a HUGE NO-NO. Freewill is always protected, regardless of the game, and the game of Commerce has gotten out of hand and the rules have been aborted. This is the Wild Wild West, and it’s time for it to be ‘game over’.
    My situation was National City Mortgage as Lender of Record and PNC Mortgage with no assignment, not transfer of title, no security interest, and a law firm who will do anything that orchestrated the theft. My case was strong based upon the very papers that were accepted as evidence. There is nothing that I would be fighting and there are no illusions to create. Everything is out in the open, from what they submitted I can show the fraud, even based on just those papers. It’s a simple case that has locked me out of a remedy.
    I don’t want to pay the fee for appeal, but I’d like to file an emergency motion to stay or void or whatever.
    Contact me at vivianj_65@yahoo.com, and I’ll provide you with all the information without having to pull a rabbit out of my hat. Everything I’m saying is easy to see, easy to locate and in the public. The case is a slam dunk for a homeowner who has been trespassed against, except that the system has no way of hearing me in my capacity as a child of the Creator. I cannot be represented by them, because a creation cannot be greater than the creator. As far as right to religion, this country left that a long time ago. Thou shalt not steal, and if someone steals from you, there should be a court of competent jurisdiction to hear this. There is none. I wanted to help others, I think we will all be displaced and have to figure out something else in the interim.
    I was telling someone that, in my opinion, people who file for bankruptcy to save their home, end up unemployed, because, I think, and can’t prove it, but I think the bankruptcy liquidates their social security account, and thus their employer cannot access that account to provide a payroll for those people. I will not liquidate my assets over a home that was stolen. I always said if they want it and can steal it they can have it. Please contact me if you can, I just want a few minutes of your time to help me notice the court that I plan to appeal, and then notice the Appellee/Defendant that I plan to appeal, and then file the emergency motions and get the heck out of my home if I lose that last piece.

    The Karma created from this gross displacement of Earth’s inhabitants is building. I could feel it when I was added to the pool of ‘losers’. But i don’t hate anyone for what they’ve done, but my heart told me, that they would ‘get theirs’ and wonder ‘why me?’ when the time came.
    We are all connected, and this bickering over slices and dices of mother earth, when there is room for all of us to live peaceful enjoyment of our lives will have to come to a head in the form of a ‘cosmic event’.
    Our redemption will come. I can feel it. Many have had restless nights with a feeling something is about to happen. I have had it. I read blogs about people feeling they have a calling to do something. I felt it. I thought my calling was to figure out the mess and as a normal person of normal intelligence I could convey how to ‘fix’ what was broken. But this is so broken it is almost un-fixable, and maybe it shouldn’t be fixed.
    We will all stack up on top of each other and live with each other to survive, but we still support their world. We still purchase their houses for ridiculous amounts of money and indebt ourselfs for a lifetime of servitude to say we have a place to live. We still spend their paper money and the more we spend it the more pain there is in our town and communities because what they told us is money, it has no substance, no value, a $1, $5, $10, $20, $50, and $100 cost the same to create 6.4 cents. Yet we take that 6.4 cent piece of paper and purchase things and wonder why the price of things keep going up. If you gave them 6.4cents for every dollar you were trying to spend, you’d be giving them real value for the product you are trying to purchase. But that’s now how it works, but better yet if you spent a dollar coin for every dollar bill you spent, you’d turn this world around and the bankers would be out! Out! you hear me! They need us to spend the paper. Paper, like spending a receipt. They need paper to move to keep their ‘commerce game’ going. For the past year I have been spending coins, and others have followed suit, the areas where people are trading in their dollar bills for coins (that they are holding in their vaults as cash reserves), those areas are not suffering the downturn and job loss the rest of the country is experiencing. The coins are adding real value to the bottom line of the businesses. I had no idea that businesses had to pay their banks for access to coins. I also had no idea that businesses based upon the provisions of their business account, are forbidden to deposit coins into their accounts.
    I’ve seen businesses welcome the customer that is spending the money out of their piggy bank in these economic times and the Fed has halted Quantitative Easing (because the banks aren’t lending? or people refuse to borrow from theives?) Bankers won’t lend but they buy treasuries (well if we are spending $1 coins, and for every useful dollar, a useless paper bill is removed; how are we affecting those treasuries?)
    I am not part of the problem, I am part of the solution. I just need to figure out how.
    edgetraderplus if you can e-mail me and give a quick help I would greatly appreciate it.
    I’m not an attorney, I know nothing, if I think I know something I know nothing.

  6. Trespass
    Do u know much about WISCONSIN law? I just lost 2 houses. The Civil judge said I can file a Motion for reconsideration and appeal. I need to get some evidence in, how ever I claim that these are fraudulent foreclosures and the court has no jurisdiction.
    However Fannie mae wants me to make them an offer thru the Plaintiff’s attorney and the other house a rental
    is under the US Bank Lehman trust fiasco.
    Stan Putra
    Racine, Wi.
    studly26@hotmail.com

  7. Kickboxer,

    They are selling interests in hedge funds (this is the proprietary relationships). Do not think government will let BOA become insolvent – but interesting what you present.

    Heard analyst say yesterday that no one knows how the big banks operate – or their true situation.

  8. http://www.newyorkfed.org/research/staff_reports/sr458.pdf
    Abstract
    The rapid growth of the market-based financial system since the mid-1980s changed the nature
    of financial intermediation in the United States profoundly. Within the market-based financial
    system, “shadow banks” are particularly important institutions. Shadow banks are financial
    intermediaries that conduct maturity, credit, and liquidity transformation without access to
    central bank liquidity or public sector credit guarantees. Examples of shadow banks include
    finance companies, asset-backed commercial paper (ABCP) conduits, limited-purpose finance
    companies, structured investment vehicles, credit hedge funds, money market mutual funds,
    securities lenders, and government-sponsored enterprises.
    Shadow banks are interconnected along a vertically integrated, long intermediation chain,
    which intermediates credit through a wide range of securitization and secured funding
    techniques such as ABCP, asset-backed securities, collateralized debt obligations, and repo.
    This intermediation chain binds shadow banks into a network, which is the shadow banking
    system. The shadow banking system rivals the traditional banking system in the intermediation
    of credit to households and businesses. Over the past decade, the shadow banking system
    provided sources of inexpensive funding for credit by converting opaque, risky, long-term
    assets into money-like and seemingly riskless short-term liabilities. Maturity and credit
    transformation in the shadow banking system thus contributed significantly to asset bubbles in
    residential and commercial real estate markets prior to the financial crisis.
    We document that the shadow banking system became severely strained during the financial
    crisis because, like traditional banks, shadow banks conduct credit, maturity, and liquidity
    transformation, but unlike traditional financial intermediaries, they lack access to public
    sources of liquidity, such as the Federal Reserve’s discount window, or public sources of
    insurance, such as federal deposit insurance. The liquidity facilities of the Federal Reserve and
    other government agencies’ guarantee schemes were a direct response to the liquidity and
    capital shortfalls of shadow banks and, effectively, provided either a backstop to credit
    intermediation by the shadow banking system or to traditional banks for the exposure to
    shadow banks. Our paper documents the institutional features of shadow banks, discusses their
    economic roles, and analyzes their relation to the traditional banking system.

  9. Thursday 22 July 2010

    Tresspass, and anyone else defending him/herself…

    Courts always have subject matter jurisdiction, [SMJ], to hear the TYPE of case in front of them, in these instances, foreclosures. Challenging SMJ is a waste of time.

    The more pertinent question is, did the plaintiff, [pf] confer jurisdiction to even hear the case, at all? THAT kind of jurisdiction can be challenged AT ANY TIME, even on appeal.

    How does a pf confer jurisdiction? It has to be a proper party in interest that will suffer an injury in fact, or even the threat of injury, and the pf must be able to get relief granted from the court, called stating a cause of action.

    In Illinois, for example, a lack of jurisdiction makes the case void, ab initio, [from the beginning…get yourself a Black’s Law Dictionary, 5th ed or earlier, and learn what words mean in a courtroom]. However, to be void, it must appear on the face of the complaint. Filing a complaint to foreclose a mortgage without including a note makes the mortgage a nullity, a void case, for the court never had jurisdiction to hear the matter., as a clear example.

    Why? No note, no contract between the parties, so the pf cannot prove any injury in fact or potential, and fails to plead a cause of action for which the court can grant relief.

    Jurisdiction trumps SMJ. Remember, courts ALWAYS have SMJ to hear the TYPE of case before it.

    Trepass, specifically…your best shot may be to find a way to make your case void for lack of jurisdiction. How? Faulty or no assignment. You already are keen on knowing the content of your mortgage terms and to whom they apply, so if your pf is not the original Lender named in the mortgage, then on the face of the complaint, your pf not named in the mortgage being foreclosed upon, means it is the wrong party and lacks standing to foreclose. No standing, no jurisdiction. No jurisdiction, void case.

    You can also include that fact that the pf is not named as the mortgagee ,as well, assuming MERS was so named.

    On the same theme, but using a different tactic, in Illinois, one can file what is called a “2-1401” from the Illinois Compiled Statutes, in the foreclosure portion.
    It is Relief From Judgment, and one has up to two years to file. Your state is likely to have something similar. If you have access to a law library, you want your state’s equivalent to 735 ILCS 5/2-1401.

    In appeals, you have 30 days to file a Notice Of Appeal from date final judgment was enterd. You need to get a copy of the appellate court rules for they are more stringent than circuit courts. The appellate court will not review/relitigate any case. There has to be some objections made on the record. If none were made, the appeals court will not review your case.

    It sounds like you made no objections to pf’s submitted “evidence.” “Objection! That is hearsay and inadmissable! ” If you made none, you have waived your right to bring it up in appeals.

    Under a 2-1401, you can file a challenge based on “newly discovered material” not known during trial.
    What might that be? No chain of title from the Lender, named in the mortgage submitted as an exhibit attached to the complaint.

    In the complaint, the pf usually identifies its “capacity.”
    Holder in due course of the Note or agent for the holder or servicer of the Note…or some similar language, but pf is not so identified in the Definitions or Terms section of the mortgage.

    Included in your post-judgment challenge is the newly discovered fact that there was no assignment of the NOTE from Lender to MERS, therefore, MERS HAD NO AUTHORITY from Lender to assign the Note. You can then also pursue the assignment of the mortgage only by MERS separated the Note from the mortgage, making it unsecured. A mortgage without a note is a nullity, and the court never had a proper party in interest to confer jurisdiction….VOID!

    These are a few cogent thoughts for you for filing a post-judgment challenge, which will also Toll, [extend]the time for filing an appeal.

    If your “evidence” were construed by the court as “documents” only, you waived the right to have them considered as evidence. What you have experienced is what all who defend themselves discover…the judge is a more formidable opponent than the pf.

    It was incumbent upon you to tell the judge you wanted what you presented as evidence “for the record.” Too late for that now.

    If you have any Qs, I will do my best to answer, based on first-hand experience in the line of fire. I am not a lawyer, gratefully.

    One more thing, for everyone’s benefit, if you are defending yourself. No attorney for the pf can act as a witness. Any time the opposing attorney opens his/her mouth.OBJECT! “Objection! This person cannot act as a witness and lacks first-hand knowledge. The pf chose not to bring a witness, so this person,[attorney] cannot speak.”

    I did this in court, and the attorney stood there like a lamppost from then on. Bastards!

    Cheers!

  10. Anonymous,

    So the fact that BofA is selling many of their assets, including the hedge funds, might be proof that they are in trouble right? I can’t find anything else to confirm the rumor that they are going out of business.

    I wonder who will go out first, BofA or MERS?

  11. trespass unwanted
    thank u for the update…please ..u just keep kicking em..never give up!

  12. Kickboxer,

    Your attachment reference to BOA shows hedge funds. This is primary reason no one can really locate loans. Shows BOA’s relationship with hedge funds and – hedge funds do not have to disclose their holdings.

    This has been a primary concern of mine regarding all the major Wall Street banks that participated in the Mortgage “Mardi Gras”..

    When Wall Street can rid themselves of the toxic loans to a private equity hedge fund/distressed debt buyer – they have – and continue to do. The relationships with hedge funds has been concealed from the public.

    This is why modifications are failing. The government has no control over hedge funds (thanks to former Senator Phil Gramm and deregulation). Modifications are being promoted (or not promoted) under the wrong party.

    This is the big secret. The government knows it – and can do nothing about it.

    And, these hedge funds/private equity/distressed debt buyers purchase the loans (they have really been converted to a default debt) at steep discounts. Plenty of room for principal reduction mods. BUT, the hedge fund investors in the loans say NO – they want the whole property because they make a windfall profit by foreclosure (after purchasing the mortgage loan at a steep discount).

    This is what I have been saying here for a long time.

    All foreclosures in the name of the defunct trust are bogus – the loan as been long likely sold to a very unfriendly hedge fund. This is aside from the fact of no proper documentation to the original SPV the foreclosure attorney claims to represent. And, the hedge funds know the government cannot make them do anything.

    Even though our Congressional representatives appear to be in la-la land at many hearings (they ask repetitive and often off-target questions). – I have been told that Congress is aware of all that is going on. But, they sold their souls quite some time ago – and they do not know how to currently rectify. Our battle is not just with the courts – but with a Congress that continues to cover-up.

    Thank you for your post.

  13. Trespass,

    Thank you for sharing your experience. It gives me an idea of what to expect.

    What a hassle this all is. You have to pay “2% of your loan amount” as a court fee to defend your own home? That seems ridiculous.

  14. I remember that a 4closurefraud.org a lot of the times the homeowner kept their home after the case went to a DCA court. Is that a District Court of Appeals? If so, then that’s where my case needs to go because it was in a county court and their jurisdiction is limited.
    I’m glad my answer is part of the case, a DCA judge can read what I answered, and what I presented and even if the plaintiff tried to say they had a right to foreclose, all the documents in the case proves otherwise.

    It’s just that these mortgage companies know the power of these various courts and they’d love to have a case go to the county and show their paper and get their ‘slam dunk’, but they’d hate for a District Court to review all the evidence and tell them they did something wrong.

    I hope to get some monetary damages out of this appeal, man. It’s taken a toll on my work / life balance.

    My daughter is watching all of this and doesn’t understand why I’m going through it, but I feel a calling to ‘see, hear’, ‘do’, and ‘know’ what is going on.

    From the beginning I could have paid the pretender and not been her, but from the beginning I knew something was wrong. I’m just the same as anyone else dispossessed, and if I’m going to be dispossessed, it had better be early and not late when they have milked me for all my ‘sweat equity’ is worth.

    Light and Love,

  15. Been to court. Court decided they have jurisdiction to hear the case. I answered and had certified copies of things I labeled as exhibits when I answered.
    Things I learned.
    If they show you something and ask if you’ve seen it, they are entering it as ‘evidence’, even if they don’t tell you.
    They show you and then pass it to the judge.
    They show you something else and pass it to the judge.
    and so on.
    So the judge wanted to render her decision and asked if there is anything I wanted to ask before she rendered her decision. So I asked if she’d viewed my documents I provided with my answer, she said she had and encouraged me to go look at the documents to see if she’d seen them.
    I went and looked at the documents and she asked if there was any document I wanted her to ‘review’, and I pulled a few out, and she said I had to show them to the Plaintiff before she could see them.
    “This was how my documents although part of my answer’ they were not ‘evidence’ in the case, and so were not ‘admitted’ as evidence. I called them Exhibit 1 and Exhibit 2, and so on, but the court did not.

    After showing them to the ‘other side’ they were admitted.
    She ruled for the Plaintiff.
    I was not happy, and tried to say so, I asked if I had to sign anything, because I could not agree with her decision, and she said she’d be doing all the signing.

    When she was listening to other cases she said, her job was to determine who was supposed to lawfully possess the property.

    I believe, and I can’t prove it, but the papers filed in the complaint weren’t evidence until he showed them again in court. Then they were introduced as evidence.
    They were just part of a complaint until then. So those of us that try to do this ourselves, there is the papers you present as part of your ‘defense’ so to speak, but in court, they are not introduced ‘until introduced’.

    So she rules for the other party, and says I have to appeal in a timely fashion…she asks for 1% of the loan amount as a filing fee when I appeal.

    So I leave the court, and ask the clerk about the appeal, and she says they do not hear appeals, they are heard at a higher court.

    Ah, so there’s the clue.
    The court I was in, based on what was entered as evidence, I was just a homeowner trying to keep from being evicted, and they were a plaintiff showing papers saying they had a right to evict me. This court did not have the ‘power’ to determine whether that paperwork was legitimate or not or obtained by legitimate means or not.

    So based on the strongest evidence for right to possess, they ruled for the ‘other party’.
    Now upon appeal to a higher court, that court can probably determine based upon the evidence whether that paper was legitimate enough to remove me from my home.

    Now I get it.

    Everything so far has been backwards, but it seems that since I didn’t bring the case to court as a plaintiff, and was placed in the role as a defendant, and I did challenge the jurisdiction of the court and she decided she had jurisdiction to hear the matter, then it will take a higher court to look at the evidence and overrule her decision at a cost of 2% of the trustee’s deed value of the home.

    So I’m supposed to go online to find out how to file for an appeal, and where to file it and come up with the money to file it, and so on and so forth.

    All I know is this home is mine. The other side would not allow certain things as part of the evidence, but the court still allowed it as part of the answer, so it’s part of the case.

    I’m so glad I put that notice of trustee sale in the case, and also that I put the trustee appointment in as part of the case because they show the notice was filed before a trustee was appointed, but also the notice was by other than Lender of record.

    I do believe this court did what it has the power to do, and it did not have the power to decide whether a Special Warranty Deed by a title company was legitimate or not, it had the power to decide that the person holding a Special Warranty Deed had the right to the property and it did what it was supposed to do.

    Now I need to get to the court that decides the Special Warranty Deed was transferred in fraud and give me my legal title back and dismiss this stuff with prejudice.

    That’s my opinion, and I know nothing, if I think I know something, I know nothing. I do not give legal advice because I do not know legal things.

    Light and Love,

  16. Apparently, some BofA customers just received notices that their loans were transferred to another servicer.

    I also found this:
    http://www.americanbankingnews.com/2010/07/22/bank-of-america-corp-nyse-bac-to-sell-1-2-billion-in-fund-commitments/

  17. And, of those modifications – the new terms provide limited relief. In some cases, only a reduction of $100 – $200 in mortgage payments with NO principal reduction.

    Bigger question – why does Timothy Geithner oppose the nomination of Elizabeth Warren?

    Do not believe one senator or congressman questioned Mr. Ben Bernanke (in yesterday’s and today’s hearings) as to foreclosures and modifications. But then again, Mr. Ben Bernanke wants everyone to do a short sale.

  18. BANK OF AMERICA POSSIBLY GOING DOWN !!! Insolvency issues. They may be liquidating. They are selling their servicing and trustee rights.

    http://www.shamethebanks.org/mortgages-in-the-news/is-bank-of-america-hiding-an-insolvency-problem-from-the-public

    No wonder their collection calls suddenly stopped. My phone has been quiet lately. I thought they stopped calling me because they were getting ready to start foreclosure proceedings against me. I was already in my karate stance too. LOL

    I can’t find anything else that supports this story so it is all unconfirmed but it is still interesting. Others with BofA as their servicer are also reporting that the calls from their collections department suddenly stopped.

  19. WHY AM I NOT SURPRISED?

    MAYBE THE JUDGES WANT US TO PROVE THAT THE SUN IS GONNA RISE IN THE MORNING. BECAUSE THEY LIVE IN DARKNESS AND CANT SEE THE SUN

    THEY WILL MEET THE SAME SENTENCE AS THE PHAROHS RECEIVED AND THE SAME SENTENCE THAT ADOLF HITLER AND HIS CHRONIES RECEIVED.

    SOONER OR LATER.

    NEVER AGAIN

  20. The President sign the Wall Street reform Bill that creats the Office of Homeowner advocate. Now we can appeal our in depth HAMP denials that say “You don’t qualify because you don’t make enough money”. One’s foreclosure can be held up for up to 3 months.
    Stan
    Racine, WI.

  21. So where do you think the other 650 BILLION dollars have gone.. This should enrage every person that has contributed one dime in tax revenue!!!!!!!!!!!!!!!!!

    650 BILLION available could bail out EVERY homeowner in america. well maybe.. but it could catch everyone up and then some.

    You may already be listed as a tenant on your documents (I don’t call it mortgage anymore).

    BOA is the worst and are from the pits of hell. They will not talk modification ….. they sell back to themselves without answering QWR and while notified of the fraud.

    Start calling the bank on the fraud BEFORE you are foreclosd on.

  22. I went thru loan mod with Wilshire and was approved, then they sold or transferred or whatever my note to BAS (BOA’s serving company). They wanted me to start over! Then they would not send paperwork, then they refused my payments, then they said they would use Wilshire’s paperwork, then they couldn’t find it, then they sent a letter dnying the mod because according to them “I refused monetary assistance” (I had never had a call or anything from them at all) I was at that point in a lawsuit with them over their handling of my note and mod–the lawyer for BOA put a hold on foreclosure and now we are in “discussions” but it is a joke. When you get approved and can’t get the paperwork–its a joke. I have a friend who went into MOd when it started and she can’t get a damn answer. I have another blind friend who got a letter from BOA after they approved her and told her because she was in the military she did not qualify! She’s never been in the military and she is still trying to get the Mod. This is a joke with these banks especially BOA. They are stalling and in my opinion when we find what’s in our note we will find nothing at all and that the reason the mods are being denied is so they can foreclose and get the toxic asset off their books after getting money from insurance and TARP to pay off the note–the whole thing is a joke and a game with these banks.

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