LivingLies UPDATED Plan of Engagement: What to Do

UPDATE: This is THE OUTLINE of a plan that is current in its evolution but by no means complete or the last word. It replaces the entry I made in February of this year. The assumption here is that even without taking mortgage foreclosure cases into consideration, the percentage of cases that actually go to trial is between 5%-15% depending upon how you categorize “cases.” On the other hand, if you are not prepared for trial and counting on settlement, your opposition will generally know it and have the upper hand in negotiating a settlement. They are going to play for keeps. You should too. Don’t assume that the note in front of you is the actual original. Close inspection often reveals it is a color copy.

And for heaven sake don’t stand there with your mouth hanging open when someone says you are looking for a free house. You are looking for justice. You had your purse snatched in this transaction, you know there is an obligation, but you also know that they didn’t perfect the security interest (not your fault) and they received multiple payments from multiple parties on these securitized loans. You want a FULL accounting of all such transactions to determine what balance is due after insurance payments, who is subrogated or substituted on claims, and an opportunity to negotiate a settlement or modification with someone who actually has advanced money on THIS transaction and can show it to be so.

WORD OF CAUTION: IF YOU ARE ALREADY IN PROCESS, YOU ARE REQUIRED TO ACT WITHIN THE TIMES SET FORTH BY STATE LAW, FEDERAL LAW, OR THE LAWS OF CIVIL PROCEDURE. FAILURE TO DO SO LEAVES YOU IN AN UPHILL BATTLE TO REVERSE ACTIONS ALREADY TAKEN. ON THE OTHER HAND ACTIONS ALREADY TAKEN “FIX” THE POSITION OF YOUR OPPOSITION, SINCE THEY CAN NO LONGER ASSERT CHANGES IN CREDITOR, LENDER OR TRUSTEE. THUS IT MIGHT BE EASIER, ACCORDING TO SOME SUCCESSFUL LITIGATORS OUT THERE, TO WAIT UNTIL THE SALE HAS OCCURRED AND THEN ATTACK IT AS A FRAUDULENT SALE, THAN TO TRY TO STOP IT WITH A TEMPORARY RESTRAINING ORDER ETC.

CONSIDER BANKRUPTCY, ESPECIALLY CHAPTER 13, WHERE THERE ARE MORE REMEDIES THAN YOU MIGHT THINK IF YOU FILL OUT YOUR SCHEDULES PROPERLY. WE ARE SEEING BETTER RESULTS IN SOME BANKRUPTCY COURTS THAN FEDERAL OR STATE CIVIL COURT PROCEEDINGS.

  1. Get your act together, stop fighting amongst the members of your household and make a decision as to what you want to do — fight or flight?
  2. GET SOME HELP NO MATTER WHAT YOU DECIDE. GET THE LOAN SPECIFIC TITLE SEARCH, GET A SECURITIZATION SEARCH, AND GET A LAWYER LICENSED IN THE COUNTY WHERE YOUR PROPERTY IS LOCATED AND MAKE SURE HE/SHE IS NOT STUCK ON THE PROPOSITION THAT YOU SHOULD LOSE.
  3. If you choose flight, then by all means try the short-sale or jingle mail strategies that have been discussed on this blog. Do not try to make money on the short-sale, since nobody is going to give it to you. You can make a few dollars by riding out the time in foreclosure without making payments (and hopefully saving the money you would have paid) and by negotiating as high a price (a few thousand dollars)  as you can in a deal known as “cash for keys.” Even for this, you should employ the services of a local licensed attorney — at least for consultation. There are several short-sale options that have evolved. Google Edge Simonson or Prime financial. I’ve been working on a short-sale-leaseback option that seems to be picking up steam.
  4. STRATEGIC DEFAULTS RISING: More and more people of all walks of life including those that have some considerable wealth, are walking away from these properties that were the subject of transactions in which the presumed value of the property was preposterous. This is an option that scare the hair off the pretender lenders because it pouts the power in your hands. They in turn are trying to scare the public with threats of deficiency judgments etc and collections. It is doubtful that many or indeed any deficiency judgments would be awarded, even if they were allowed. But in many cases, particularly in non-judicial states, deficiency judgments are NOT allowed. A version of the strategic default that many people like is to stay as long as possible without paying and then walk. If you are smart about it, you raise your own capital by socking away the payments you would have made.
  5. If the decision is fight — then the second decision to make is to answer the question “fight for what?” If you want to buy time, there are many strategies that can be employed, which basically are the same strategies as those used if you are fighting for real. And you might be surprised by the result. Some people get a year or two or even more without payments. You are going to take a FICO hit anyway so why not put some cash in your pocket while you hold back payments.
  6. AVOID crazy deals where you give your property or share your property with a stranger. If you persist in engaging such people at least call references and make sure the references are real. Ask questions about their situation and how they feel it worked out to them. Get as much detail as possible.
  7. AVOID mortgage modification firms. If you persist in engaging such people at least call references and make sure the references are real. Ask questions about their situation and how they feel it worked out to them. Get as much detail as possible. My opinion is that if they don’t pursue an aggressive litigation strategy the statistical probability of you accomplishing anything by going to them is near zero.
  8. In all cases, if at all possible:
  9. (a) Get all your information together along with a short executive summary of your “journal” (even if you create the journal now). That means all closing documents, any information you have on title, recording in the county recorder’s office, the names of all parties who were “at” closing (that means not just the actual people who were there, but he names of companies that were represented or mentioned at closing). Also, include in the file any notices of default(NOD) or notice of Trustee sale (NOTS) or summons from a court.

    (b) Get a MORTGAGE ANALYSIS of the loan transaction itself. THIS INVOLVES THREE PARTS — (1) LOAN SPECIFIC TITLE SEARCH AND CHAIN OF TITLE, EXAMINATION OF THE DOCUMENTS, SIGNATURES, AND DATES OF DOCUMENTS PURPORTING TO BE REAL, (2) SECURITIZATION SEARCH THAT CHASES THE MONEY TRAIL AND WILL PROBABLY LEAD YOU TO SOME IMPORTANT ISSUES LIKE THE VERY EXISTENCE OF THE “TRUST” ASSERTING IT HAS THE RIGHT TO FORECLOSE AS WELL AS MONETARY ISSUES SUCH AS APPLICATION OR ALLOCATION OF PAYMENTS RECEIVED BY THE INVESTOR WHO ADVANCED THE FUNDS FOR THE LOAN AND (3) COMMENTARY AND ANALYSIS THAT IS USABLE BY AN ATTORNEY IN COURT SUCH THAT HE/SHE CAN ARGUE THAT THERE ARE QUESTIONS OF FACT ENTITLING YOU TO PURSUE DISCOVERY. IF YOU WIN THAT POINT YOU ARE ON YOUR WAY TO A SUCCESSFUL CONCLUSION. BUT NOBODY IS GOING TO MAKE IT EASY FOR YOU.

    (c) Who is your creditor? The TILA Audit alone does nothing without taking further steps. The Trustee’s “Take-down” report should be demanded in non-judicial states and if the house is in foreclosure, your written objection should be sent to the Trustee.

    (d) If someone tells you they are “pretty sure” or can “definitely”  stop your foreclosure or promises a favorable outcome, and asks for money up front, then run like hell. This is a scam. IF THEY TELL YOU THEY WILL DO WHAT THEY CAN, AND THEY GIVE YOU SOME EXAMPLES OF WHAT THEY WILL BE DOING FOR YOU THEN LISTEN AND GET REFERENCES.

    (e) Only a Court order stops foreclosure or a Trustee Sale. No letter of any form or substance will stop it unless the other side is intimidated into stopping the action, which sometimes happens when they know their paperwork is “out of order.”

    (f) Get a Forensic Mortgage Analysis Report OR AN EXPERT DECLARATION that summarizes in a few pages the potential issues that you should be investigating AND WHICH LENDS SUPPORT TOY OUR DENIAL OF THE DEFAULT, DENIAL OF THE RIGHT OF THE OPPOSING PARTY TO CLAIM A DEFAULT, DENIAL OF THE RIGHT OF THE OPPOSING PARTY TO FORECLOSE.

    (g) Get an Expert Declaration that uses the forensic report and the expert opinions of specific experts (like appraisers, title analysts) and which identifies the probable chain of securitization and the money trail. You’ll be surprised when you find out there were two yield spread premiums not disclosed to you and that they can total as much or more than the “loan” itself. GET EXPERT OPINION ON PROBABLE DAMAGES INCLUDING RETURN OF UNDISCLOSED FEES, INTEREST, ETC. (SEE LAWYER’S WORKBOOK FROM GARFIELD CONTINUUM).

    (h) Send the Forensic Report and expert declaration to the known parties, with an instruction to forward it to all other parties known to them in the securitization chain. Include a Qualified Written Request(QWR) AND a Debt Validation Letter(DVL) (which is really a debt verification letter). Don’t be surprised if your pretender lenders will come back and tell you your QWR is defective or improper in some way, but that’s OK, you have followed statutory procedure and they didn’t. With the help of an attorney and with consultation with your experts decide on what resolution you will demand — damages, rescission, etc.

    (i) Don’t believe a word about modification. Practically none of them go through. They are leading you into default so they can collect more service fees, and get money out of you that you think is stopping the foreclosure.

    (j) Don’t believe a word that any pretender lender or representative says or represents, even if they are a lawyer, particularly verbal communications that they refuse to confirm in writing. Challenge everything.

    (k) Don’t accept any document as authentic. Many documents are being fabricated or forged, including affidavits. This is why you need a lawyer and an expert and a Forensic mortgage analysis — to determine what documents and parties are suspect and what you should be asking for in discovery and in the QWR and DVL.

    (l) YOUR FIRST STRATEGY IS TO RAISE NOT PROVE ISSUES OF FACT. BY PRODUCING A FORENSIC REPORT AND EXPERT DECLARATION, NEITHER YOU NOR YOUR LAWYER NEEDS TO ACQUIRE EXPERTISE IN SECURITIZED LOANS. YOU ONLY NEED TO RAISE THE ISSUE OF FACT BY SHOWING THE COURT THAT YOU HAVE EXPERTS WHO SAY THE PRETENDER LENDERS/TRUSTEES ETC. ARE NOT CREDITORS AND NOT AUTHORIZED AGENTS WORKING FOR THE CREDITORS. THEY SAY THEY ARE IN FACT THE CREDITORS OR HAVE SOME AUTHORITY GRANTED BY AN ALLEGED CREDITOR. IT IS NOT FOR THE COURT TO ACCEPT ONE VIEW OR THE OTHER, BUT RATHER TO ALLOW DISCOVERY AND AN EVIDENTIARY HEARING ON THE ISSUE OF STANDING (SEE MANY RECENT CASES REPORTED SINCE FEBRUARY ON THIS BLOG).

    (m) Be very aggressive on discovery. They will argue that even if they are not the creditor and even if they refuse to disclose the identity of the creditor, they are still entitled to disclose because they are the holder of the note and/or mortgage. Your argument will probably be that they still have a duty to disclose the identity of the creditor and the source of the their authority to represent the creditor, along with proof that the creditor has received notice of these proceedings.

24 Responses

  1. […] many you know, Neil Garfield is one of, if not THE nation’s leading guru on foreclosure defense.    Below is his […]

  2. Was watching a Twilight Zone episode.
    A Nazi General used the excuse that it was just his job, he was doing what he was told to do. No hard feelings. Yet the ghosts from those he affected and caused them to die, tried him for crimes against humanity. Interesting quotes at the end. Judges should be accountable for every suicide and broken relationship and loss of health and nutrition for every man, woman, and child put on the streets by their signature. Scar their souls with the names of ‘the hundresd of millions of souls they displace in the course of doing their job in ignorance.
    Quoted from the episode:
    ——————————–
    This is not hatred this is retribution.. This is not revenge, this is justice. This is only the beginning, only the beginning; your final judgment will come from God.
    —————————————
    Deaths-Head Revisited – on hulu

  3. My recent post is not a foreclosure, I’ve already been dispossessed. This is the new terms of an old credit agreement I haven’t used in two years.

  4. What is going on here?
    Got an e-mail about changes to the lender and how booking entries will be kept from now on? OMG, can this foreclosure crisis and everything that’s wrong with it be hitting the businesses even though the judges are still ‘ignorant’. I know it sounds rude to say ‘ignorant’, but judges know the law term. I’m not offending, if I’m stating legally what the problem is and why ‘I’m without my property’, and watching others suffer the same fate with their signature.

    So I get these new terms in my e-mail. I’m going to write a rejection of the terms and cancel the contract.
    The ‘book of religion say’, Neither a borrow nor a Lender, be’, or something like that, so I have ‘learned’ my lesson and will not be accepting the terms of any current contracts…all are canceled (will be in writing) and will be stating terms in any new contracts that I create in propria persona.

    Anyway, #1 in interesting, but #3 is REALLY interesting.
    Anyone can explain or hypothesize why they chose to ‘disclose’ this this way, and why now?
    ———————————————————–
    Effective September 1, 2010:

    1. The Lender will change as follows:
    WebBank, Salt Lake City, Utah, will become the Lender. CIT Bank, Salt Lake City, Utah, will no longer be the Lender.

    2. The Privacy Policy will change.
    Click here to view the new Privacy Policy.

    3. The following section will be added to the terms and conditions:

    “21. BOOK ENTRY SYSTEM.” I hereby appoint Bill Me Later, Inc. as my agent in maintaining, and Bill Me Later, Inc. agrees to maintain, a book entry system that records the identity of the owner of each Purchase on the Account. The right to the principal of, and stated interest on, each Purchase on the Account may only be transferred through the book entry system maintained by Bill Me Later, Inc. This section does not affect any of Borrower’s obligations under this Agreement. This section does not limit or waive any of Borrower’s rights, including but not limited to Borrower’s Billing Rights.
    ———————————————————–
    at arm’s length,
    Light and Love,
    Trespass Unwanted, sui juris in propria persona

  5. Ann,
    I know nothing, really, nothing at all, nothing.

    A senator can do things now that he ‘can’t’ do as Attorney General, later.
    He has no contract with the people to ensure he will stop the foreclosure mills. What has he voted on, what direction has he taken Florida before all of this happened? I’m not in Florida, so I don’t care. I’m not a registered voter…I went to the elections office and asked how to be removed as a registered voter, I don’t want it to expire, I want it to be terminated, canceled, gone!. I had the voter registration card with me. She said turn it over on the back, and write on those lines “Please take me out of the system.” Then sign it. I did, and when I went online to the state website to see my voter information, I used to put in my name, birth date and county and it would spit all kinds of voter information out about me. This time it returned evidence I was not in their system. Yay!

    This senator, all he did was step outside while Florida protested a bill he could have potentially voted on. He made a speech, and he wasn’t a scheduled speaker for the event, and now he’s got a guaranteed group of people who will support his election to Attorney General.

    I never see politicians do anything unless it will benefit them.
    Be careful about politicians. They play on words all the time.
    A “Partner in Justice” can be someone that suffers the same fate you do when justice is not served. But, at least you are partners! If you can’t stop the foreclosures and he can’t stop the foreclosures, you are all Partners in Justice in not being able to stop the foreclosures. If your current Attorney General is Powerless, I don’t see an ‘S’ on his chest that will give him more power to do what the previous AG did. Attorneys are all in the same group, State Attorney, law firm attorneys, they are all together, and judges too! This Senator made no pledge to stop anything, he offered sympathy (boo hoo!) and said you guys were Partners. That’s no campaign promise. That’s a Trogan Horse.
    All I’m saying is it sounds like a ‘blank’ endorsement (like what the courts are seeing on the back of the notes being traded around) and without any meat and potatoes behind his endorsement, and “if” by being on the inside of the AG office on the other side of the foreclosure mess, he can help his buddies in the Senate with information that will resurrect HB 2270, will you even know how it happened?
    at arm’s length,
    Light and Love,
    Trespass Unwanted, sui juris in propria persona

  6. Florida Residents – Elect an Attorney General who support Homeowners and Foreclosure Defense Lawyers
    ———————————————————————-
    Hi,
    > Please elect Senator Dave Arronberg for the post Florida Attorney General.
    > We are excited that Office of Florida Attorney General is investigating Foreclosure Mills frauds Senator Dave Aronberg will continue this ongoing investigation as our new Florida Attorney General.
    >
    > We all remember that on April 21, 2010, Homeowners and Foreclosure Defense attorneys went to Tallahassee to protest the now defunct bill HB 2270 . If the bill was passed, the banks can foreclose our homes without going to Court. We had a press conference at the Capitol court yard in front of the
    Supreme Court Building to protest the bill. Senator Dave Aronberg was the ONLY> Senator stepped out the Senate House, joined us at the press conference,
    spoke to us Homeowners and Foreclosure Defense attorneys to offer his > sympathy and his support for our cause.
    He declared that he is our Partner in Justice.
    >
    > Let’s put him in the Attorney General Office so he can continue to investigate the Foreclosure Mills Frauds and protect Homeowners. He is fearless and not influenced by the Banks. I do not take political side.
    Senator Dave Aronberg already show his support for Homeowners and Foreclosure Defense Lawyers during our April protest. It’s time for us to give him our support. Thank you for your consideration.
    >

  7. SEC deposing certain people quoted in a book!!!!

    Wednesday, August 4, 2010
    By Paul Muolo

    As part of its case against former Countrywide CEO Angelo Mozilo, the Securities and Exchange Commission is now deposing certain officials quoted in the book, “Chain of Blame, How Wall Street Caused the Mortgage and Credit Crisis.” (I’m one of two co-authors on the book, which was published two years ago.) We have no more details on the situation but stay tuned. Meanwhile, a new report from Bloomberg says Mozilo said the SEC now admits the home lender wasn’t hiding from investors that it was originating risky mortgages. Mozilo, in a recent court filing, asked a federal judge to rule on the SEC’s fraud allegations, saying the “undisputed evidence” shows there was no wrongdoing. Anyone who read National Mortgage News during the ‘Go-Go’ housing years knows that Countrywide (and many others) were making risky loans. The question now might become: just how inept is the SEC?

  8. Thanks Neil,

    You definitely catch them before they fall on the ground!!!

  9. This is a good read… while it will not help in the immediate .. it explains some of the underlying efforts at foot here…

    http://www.heritage.org/Research/Reports/2010/08/The-Presidents-Worrisome-Narrative-to-Discourage-Homeownership#_ftn12

  10. LOOK AT WHAT THE LATIMES IS SELLING THIS MORNING INVESTORS MAKING MONEY OFF FORECLSURES

    http://www.latimes.com/business/la-fi-homes-investors-20100820,0,7168785.story

    Read the responses of the readers most are not buying the articles ignorance.

    AGAIN THANK YOU NEIL FOR YOUR ARTICLE TODAY

    BE STRONG AND COURAGEOUS.

    THE SHEAR NUMBER OF FORECLOSURES 62 million isnt enough for a recall? IT IS GETTING HARDER AND HARDER TO DEFEND THE JUDGES AND POLITICIANS.

    PHAROAH LET MY PEOPLE GO

  11. I am always short on my words. Be a patriot, stop your payment and fight these S.O.Bs. Have faith you can win ! There are more foreclosures coming down the road because 5:1 ARMS and 7:1 ARMS are now in the mix. Do not walk. They can not foreclose on everyone. This government knows it and the banksters know it.
    The game is to shake loose the sub prime, these are the ones who really can not pay in the first place. Next, they want to phase out the property invertors (i.e the home flippers). Finally, they want to discourage as many as possible so they will walk. If you want your house then make a stand, do like Neil states, “ what are you fighting for and then fight the S.O.Bs”. In the end, theses S.O.Bs will wish they would have approached you first and offered you a reasonable deal. But of course their end game is to separate the cash from your wallet and then steal your property. BE A PARTIOT , STOP YOUR PAYMENT, STAND and FIGHT ! Remember this was calculated deceit. Do not be a victim, Be a victor.

  12. Neil,

    From the bottom of my heart, I thank you. I thank you for all the information you provide here and for all your efforts in helping us save our homes.

  13. Another Brick in the Wall:
    What’s Another $3 Billion When You’re Talking Trillions!
    BY Ethan Roberts (Tycoon Report) Aug. 20, 2010

    When I was about six years old, my family would take me to visit my Uncle Leo in Far Rockaway, NY.

    Yes, I had an Uncle Leo, but not the same one that was on Seinfeld!

    Anyway, invariably by the end of the visit, Uncle Leo would take me aside and sneak me a silver half dollar or even a silver dollar, and then whisper, “but don’t tell your Mother!”

    Somehow, my mother always found out anyway, and would first yell at Leo, and then at me for taking the money.

    “But Ma,” I’d say between tears, “he wanted me to take it!”

    “So I gave the kid half a dolla, what’s the big deal?”

    That memory was in my mind when I saw the article last week about the U.S. Government deciding to spend an additional $3 Billion to help homeowners in the states with the highest jobless rates to pay their mortgages.

    I could almost hear the voice of my Mother saying, “Why are they taking the money? This is just throwing good money after bad.”

    Maybe Mom is right. After all the money that has already gone into the Home Affordable Modification Program (HAMP), and all the other programs, what do we have to show for it?

    TransUnion, one of the three U.S. credit bureaus, reported this week that the number of mortgage holders 60 days or more behind on their payments was 6.67% in the second quarter of 2010.

    That’s an increase from the 5.81% delinquency rate of one year ago.

    But here’s what bothers me the most …

    On HAMP loans that were permanently modified, the delinquency rate after 60 days is an astounding 19.6%!

    In other words, only two months after their loan amounts are permanently reduced, these home owners still can’t pay their mortgages!

    60 day delinquencies are the warning signs for impending foreclosures, because it becomes much more difficult for the homeowner to make up two payments to become current on their balance again.

    You know, back in the day when Uncle Leo was sneaking me silver bucks, the historical norm for mortgage delinquencies was less than 1.0%!

    But even prior to 2005, the default rate was still a manageable 1.5% to 2.0%.

    Here’s the really troublesome part of this new government spending: The entire sum of money is going to all the states that were yesterday’s problem, while the new states that are just becoming problematic will not be addressed at all.

    The $3 Billion is going to these 17 states plus the District of Columbia (heck, they always throw DC in there on almost all spending bills):

    Alabama, California, Florida, Georgia, Illinois, Indiana, Kentucky, Michigan, Mississippi, Nevada, New Jersey, North Carolina, Ohio, Oregon, Rhode Island, South Carolina, and Tennessee.

    Interestingly, Arizona, which has one of the highest foreclosure rates among all 50 states, will not receive any money, because their unemployment rate is slightly lower than the national average.

    Think that decision might have anything to do with the Arizona immigration bill?

    The irony is that the foreclosure rates in the states that have been the worst over the last few years, like Nevada, California, and Florida, are actually beginning to show slight improvements.

    However, Northwestern and Midwestern states such as Utah, Idaho, Colorado, and Illinois are now seeing larger increases in foreclosure rates, and no money will be going to those areas.

    Those were the last areas to boom, and they are the last ones to bust.

    So instead of being proactive with those states, by focusing on Nevada, California, Florida, et al, the government is simply closing the barn door after the horses have bolted!

    “Yeah, but think of all the votes we’ll get from those key states…”

    One treasury official said the goal of this new program is to “stabilize a fragile housing market and allow responsible homeowners the chance to reduce their monthly mortgage payments to affordable levels.”

    Does all of this sound familiar? Let’s go back to March, 2010, and the announcement of the “enhancement” of HAMP:

    “These program adjustments will better assist responsible homeowners who have been affected by the economic crisis through no fault of their own.

    The program modifications will expand flexibility for mortgage servicers and originators to assist more unemployed homeowners and to help more people who owe more on their mortgage than their home is worth because their local markets saw large declines in home values.

    These changes will help the Administration meet its goal of stabilizing housing markets by offering a second chance to up to 3 to 4 million struggling homeowners through the end of 2012.”

    Well, as Frank Sinatra once sang, “It seems to me I’ve heard that song before… It’s from an old familiar score, I know it well, that melody.”

    The Chairman of the Board croons about the latest housing bailout…

    The details of the $3 Billion program are as follows:

    Eligible homeowners could receive NO INTEREST loans up to $50,000 for as long as 24 months.

    The money will be lent to people who have lost their jobs or cannot find enough work and are in danger of losing their homes.

    People whose medical conditions have also reduced their ability to work will also qualify.

    Homeowners will have to show a good record of mortgage payments before their employment or medical condition changed, and will have to demonstrate “a reasonable likelihood” of resuming payments within two years.

    The government has not answered the obvious question — how is someone going to pay back the zero interest rate loan if they have no job or have medical problems that prohibit them from working?!

    These days it seems as if we have two equally bad choices:

    We either go along with the continuation of throwing good taxpayer money after bad, or we are made to feel uncharitable and stingy by those who feel that we as a nation have an obligation to continue supporting those who are “down on their luck.”

    At the risk of being called names, I just wonder if we are enabling a situation that is unlikely to improve.

    If you think the default rate on HAMP modifications is outrageous, wait until you see the statistics on the repayments of these zero interest loans.

    I’d be surprised if those default rates don’t approach 50%!

    But hey, what’s another $3 Billion, when we are talking about spending trillions? Seems like nothing more than a spit in the ocean, when you look at it that way!

  14. My Disclaimer:
    I know nothing and if I think I know someting I know nothing. I do not give legal advice because I don’t know legal things.

    I always talk about the carrot and the stick.
    Well we are still dealing with a carrot and a stick.
    The orchestrators’ of this plan cannot pull it off unless those beneath them do their part.
    Bankers made products that made them money, the people beneath them pushed those products and that hurt those that bought those products and those that signed up for those products.
    The real theft is occurring from the judgment of those products and the defense of those products.
    So now the ‘bad guys’ are not the bankers, they’ve already done their part and put it out there and scammed the country. It’s not the appraisers and the brokers who already sold those products and made their money; the bad guys are now the lawyers and judges that defend those products and make homeowners lose their home behind those bad products.
    The Puppetmaster is always behind the scenes. You can tear up America and all you will be doing is attacking the puppets.
    The puppetmaster will make money off each and every part of the scam, and it was up to each entity that participated to have a conscious and know they were doing something wrong and to back out of it and be ‘one less’ involved in the scam, or to not do it at all.
    Right now, the last phase of the scam is the removal of families from their homes and that is judges and attorneys..the ones who were scammed to take an oath to hide the fact that the US was bankrupt and to hide the fact that everytime someone enters a courtroom, they are handling the case as a bankruptcy with a trustee, rather than dealing with it from the perspective of the one entering the courtroom.
    When it’s all attorneys and a judge, they all know.
    But that courtroom should have provisions for when it’s a proper person. Whether we know how to assert that ‘we are a proper person’ when we enter that courtroom, by not knowing how to assert that, the judge and other attorneys automatically determine we’ve waived that right. That is wrong. It may be rules of the court, but who wrote those? The people that got you to take that oath.
    When a person comes in and represents themself, they are not coming in to waive a right that they already have, and you are ignorant to play that ‘well what you don’t know will hurt you game’ on the proper person. If a proper person wanted to waive that right, they could stay at home, or stay away. So who’s the ignorant entity. The proper person or the one with the dumb rules to the game. To top it off, you have to ‘find’ the rules to the game and they consider you a player when you show up in court. Well if you don’t show up, the game is going to go on anyway and you lose.
    So attorneys and judges are the last piece to this puzzle and are the last ones to sell their souls to the devil.
    I’m reminded of that twilight zone movie, called ‘to serve man’. And all these people are doing things because everyone else is doing it, and theres a few who just don’t believe what they are seeing and decide to investigate further. Now they are treated as if there is something wrong to look the gift horse in the mouth, but it turns out, they should have opened their eyes or they would have been saved.
    Just because heaven didn’t open up and lightning hasn’t struck or earth hasn’t trembled and the ground hasn’t split to indicate the judges and attorneys are in the wrong to participate in the last part of this scam, does not mean that the ‘book of life’ isn’t being written, page by page, and tied to your very soul, not the physical body you possess here, and not to your name, or your title, or your position in society.
    Lucifer knows his fate and chose it, and would like company, as many souls as possible.
    There is no way on judgment day, when you are told how many others, just like you, who were harmed by your stroke of the pen, your signature is on a contract, it seals your soul for each soul you dispossess, there is no way you can say you didn’t know.

    That’s why I rejoice in the final chapter of this. Our signatures created these contracts and their signatures are creating our removal from our homes and the homelessness of our children, and the decline of our society.
    Real people. The puppetmaster’s name is not on any of these, and that’s why they are the puppetmaster. For all that is done in their name, they didn’t ‘actually’ do it, and they understand Universal Law and the Law of Free Will, and they may make rules that will infringe on someone’s free will, but they didn’t ‘actually’ do it, so their punishment is not the same and one who actually infringes on one’s free will, like an officer, or a sheriff, or a judge, or a lawyer, or a broker, or a lender’s rep at closing.
    So I say this to give you the perspective you need to see in all of this. Someone gave a different perspective on the boy that cried wolf one time, and I was impressed. Just because the boy was wrong all the other times, it was the time that he was right, that really mattered. I’m telling you this. By the stroke of the pen, and the signing of our name, we enter into agreements, even agreeing to be fined for a ticket, or to go to jail, when we sign in without protest. So, it is also by the stroke of the pen, that these judges are sealing our fate, and it is upon them, and them alone to go back and revisit or reverse all of their decisions and tell the law firms, that based upon the most recent information available, they need to see proof that the chain of title was not broken and that by acting as debt collectors for their clients, their client actually had standing according to FDCPA to take property for collection of the debt. And if a state court cannot enforce a federal act, like FDCPA, then the state court should at least see if the Lender of record did the foreclosure, and if a substitute trustee was involved, did the law firm breach their power and assign themselves to people and not assign themselves to the ‘pretender lender’ who wanted ‘in’ on that Deed of Trust; to steal someone’s property.
    I still can’t get over how I ended up with a Trustee without a trust document in the public or the private. Even the Deed of Trust, the original Lender had a Trustee, I didn’t.
    I don’t see how Judge Judy Hobbs could have all that evidence before her and still sign her soul away on their behalf. That is ignorance, ignorance of Universal Law, if not ignorance of the laws of the State she presides over.
    I’m a Service to Others person, so my heart feels all the pain of every dispossession and every injustice and as such, I’m on a spiritual mission to ensure each person, real person, proper person, who stands behind the statutory person and causes this pain is judged for what they’ve done. I can’t physically go to battle with them, but I can place focused intent upon them and mark them in the spirit so they can know the deeds they’ve done with these ‘dead pledges’ (ie mortgages) and the untrustworthy Deeds of Trust that they are helping to enforce for the hidden hand that will ‘not’ suffer their fate, because it is not signing the documents that are sealing the fates of those being harmed.
    at arm’s length,
    Light and Love,
    Trespass Unwanted, sui juris in propria persona

  15. If Pretenders are acting as Agent and/or Trustee for XYZ trust,

    In MD, there is MD rule 3-308 (Demand for Proof). Use this to demand proof of Authority as Neil and this site has suggested.

    You want them to prove the ENTIRE chain of Agency back to the principal. You need to file Motion or you are admitting authority by saying nothing.

    Cite MD Appeals Court Opinion 1999 – Cooper vs Sacco

    CHAIN of Agency to demand proof of “right to sue or be sued.”

    (1) Certificate Holders of XYZ trust (PRINCIPALS) to (2) Trustee of XYZ Trust to (3) Loan Servicer (agent) for Trustee to (4) Substitute Trustee. (5) any other entity or person acting in a representative capacity.

  16. I like this. More people need to fight and stop packing at the first notice. It’s not for everybody but sometimes you may be able to know the lender on their heels and ata minimum, buy some time. There is a lot of info here so take the time to get educated. Good luck!

  17. You probably meant this blog for attorneys… I am just someone being threatened with foreclosure. I wanted to thank you SO MUCH. You have given me hope just in that phony loan mods aren’t happening just to me, and that there is much that can be done. Bless you and please keep it up.

  18. I just got my “Notice of Default.” Get this—they state that the loan servicer managing my loan is Washington Mutual. Sweet. As, Chase has no assignment at the Recorder’s office and MERS is not on my loan. This should be an interesting one.

  19. i can recommend http://www.loanfraudinvestigations.com/
    they did a great job for me [ thorough / quick turnaround / reasonable price.]
    fwiw…LFI these guys get it!..i wish i had found a recommendation here @ livinglies, i did search here first also.

  20. Neil, Thanks for all you do. We are following your advice being proactive & prepared. Have been looking for the best firm/service to do a forensic audit. A list of qualified & vetted approved people (NY in our case) would be appreciated, if possible!

  21. Can you petition the BK court to force mediation?

  22. This is probably the best advice I have seen propounded thus far … I would also add that attorneys need to bone up on the local Rules of Evidence and Discovery. These two areas will be deciding factors on winning cases where paperwork is deficient.

    I am writing a new book called “FORECLOSURE OFFENSE: How To Foreclose On Your Lender Before Your Lender Forecloses On You”. If you are an attorney that “gets it”, make sure I have your name and contact information for my appendix for referrals. This book focuses on what you are doing here from a defensive posture, and then turns it around to come against the lenders from an offensive posture. You attorneys can make a killing on these lawsuits!

    Dave Krieger, Paralegal (airwave@airwavedave.com)

  23. Are you about to lose your home to foreclosure? Looking to do a short sale or trying to get a loan modification from your bank, and only getting the run around? We may be able to help. In most cases, the foreclosure processes are unlawful. What can be done about it? We will audit the mortgage and title on your house, looking for errors that the banks and lenders often make during the foreclosure process. Our auditors are trained by real estate attorneys, and work closely with them. Our rates are very reasonable, and our audits have produced impressive results. Don’t wait until it’s too late, contact us today – 818-813-6800.

    PLEASE NOTE: We are not a law firm, and cannot and do not give legal advice. We are also not a loan modification outfit, nor are we affiliated with any.

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