Wire Fraud, Mail Fraud? Possible Cause of Action Against Pretenders and Attorneys

Editor’s Comment: This reminds me of the end of Grisholm’s Book “The firm”. It’s not sexy but it has lots of teeth. The quote below is from Wikipedia. I was talking to an old friend of mine about the securitization scam which continues as an on-going process, first in the form of “closing” alleged loans and now in the form of foreclosures. It seems that the use of electronic media sent through the internet, like spreadsheets with misinformation on it, and which is part of a scheme wherein money is wired and illicit profits are earned, may be a crime and a cause of action for private individuals.

My friend, who shall remain anonymous, basically puts it this way. This is an oversimplification of the way he analyzed it. Money is wired into a “pool account.” That came from “investors. Then money is wired into an escrow account which in turn is wired into the accounts of third parties to close the transaction. Sometimes some of the wire proceeds are converted to checks. The procedure is perfectly legal unless the purpose of the or goal of the transaction was illegal, and more specifically fraudulent. The diversion of funds that were wired into undisclosed accounts for undisclosed parties in transactions that were misrepresented on the facts (appraisal fraud on the property and ratings fraud on the securities) makes the deal susceptible to wire fraud allegations.

Since we have now determined that at the time of “sale”of the “loan product” to the “borrower” the actual transaction papers were rarely if ever transmitted to anyone, and since we have now determined that the general practice was to send electronic spreadsheets with loan data on it which substantially misrepresented the content of the actual transactions, and since we we have determined that the ratings were at least wrong and probably fraudulent, the scheme fits neatly into the wire fraud and mail fraud infrastructure. If that is the case, there is a rather mundane cause of action with a lot of teeth in it which could bring the investment bankers and all their affiliates to task. You see, says my friend, they not only did it to each other, the borrowers and the investors, but they employed the same means with the Federal government when they took TARP money, went to the Fed window and participated in other Federal programs. In his opinion, this is a far simpler case to make than securities fraud or predatory lending.

Mail fraud is an offense under United States federal law, which refers to any scheme which attempts to unlawfully obtain money or valuables in which the postal system is used at any point in the commission of a criminal offense. Mail fraud is covered by Title 18 of the United States Code, Chapter 63. As in the case of wire fraud, this statute is often used as a basis for a separate federal prosecution of what would otherwise have been only a violation of a state law. “Mail fraud” is a term of art referring to a specific statutory crime in the United States of America. In countries with nonfederal legal systems the concept of mail fraud is irrelevant: the activities listed below are likely to be crimes there, but the fact that they are carried out by mail makes no difference as to which authority may prosecute or as to the penalties which may be imposed. In the 1960s and ’70s, inspectors under regional chief postal inspectors such as Martin McGee, known as “Mr. Mail Fraud,” exposed and prosecuted numerous swindles involving land sales, phony advertising practices, insurance ripoffs and fraudulent charitable organizations using mail fraud charges[1][2]

Wire fraud, in the United States Code, is any criminally fraudulent activity that has been determined to have involved electronic communications of any kind, at any phase of the event. The involvement of electronic communications adds to the severity of the penalty, so that it is greater than the penalty for fraud that is otherwise identical except for the non-involvement of electronic communications. As in the case of mail fraud, the federal statute is often used as a basis for a separate, federal prosecution of what would otherwise have been a violation only of a state law.

The crime of wire fraud is codified at 18 U.S.C. § 1343, and reads as follows:

Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.

In the case of United States v. LaMacchia (1994; text of opinion), a student of the Massachusetts Institute of Technology was charged with wire fraud when, because he had not profitted personally from online distribution of millions of dollars’ worth of illegally copied software, he could not be charged with criminal copyright infringement. The United States District Court, District of Massachusetts, dismissed the charges, noting they were an attempt to find a broad federal crime where the more narrowly defined one had not occurred. Congress then amended the copyright law to limit further use of this loophole.

According to Neder v. United States (527 U.S. 1, 23, decided in 1999), the alleged misrepresentation to support a conviction under 18 U.S.C. § 1343 must be a material misrepresentation; a misrepresentation that is capable of influencing, or has a “natural tendency” of influencing, a decision is material.

To commit wire fraud, one must (1) devise, or intend to devise, a scheme or artifice to defraud another person on the basis of a material representation, and (2) do it with the intent to defraud, and (3) do it through the use of interstate wire facilities (i.e. telecommunications of any kind).

See 8th Circuit Pattern Criminal Jury Instructions, 242 & 250.

If a fourth element—that the alleged victim is a financial institution—also is present, the penalty is enhanced as provided in the statute.

26 Responses

  1. here’s the site for usmail fraud especially all of Docx need to send in complaints.. https://postalinspectors.uspis.gov/forms/MailFraudComplaint.aspx

  2. Hey David, you are right, the hurting has to be put on them to get changes made.
    Jefferson, he and a few others saw what was ahead if the banks got control. No way this nation should be controlled by a private bank, NO WAY!
    Those that enable the banksters to steal will have to sit down, get out of the way, let them do their own dirty work.
    The rest of us will have to stop buying, stop paying and stop going to court.
    Cut them off from help, money, no workers, no sheriffs, no clerks, no staff at all, nobody to do anything for them, no servants, make them scared to even leave the building.
    They only pay us peanuts anyway, why should anybody work for these companies?
    Without us what would they do? Where could they go?
    How will they eat?
    It’s a nightmare I had years ago about the poor being fed up and ripping up the bridge to the rich island, trapping the the big shots without anything, without any way off, helpless.
    It was a nightmare because it was hard to destroy the bridge, many people were hurt in the effort. But it worked.
    This time they had nothing and all the rest of us had everything.
    People can only be pushed so far without snapping, turning around and beating the ones doing the pushing to a pulp!
    You can feel the rebellion building,
    Nobody is about to go back to living the way people did a 100 years ago, dirt poor, desperate and at the mercy of the rich and powerful. No more Rockefellers and Morgans strutting around throwing dimes for the poor to scramble to pick up.
    Funny, JP Morgan caused the last great depression just so he could buy up all the banks competing with his banks.
    No more wondering what we are going to do, there is only one thing to do.
    My powder is dry.

  3. Hi fighting mad, mad as hell,

    They don’t care because the folks losing their homes have nothing to fight-back with. They can’t even afford an attorney – they can’t afford to contribute to a campaign to buy help – they can’t afford to survive… what can they do? PLEAD for the Gov to support them…! Sound crazy – think about it – if the people are forced to beg, then the politicians get their gift – CONTROL…

    These people don’t care because they have no REASON to care about those families losing their homes.

    IMHO – until a few folks deliver a McVeigh U-Hauler and leave a crator in the ground where CW – BofA – Citi – and maybe a few foreclosure mill buildings stood – until THEN nothing will done.

    No one will help because the folks they are helping have nothing to offer.

    Remove the rewards – give them a reason to FEAR – give them a reason for their families to FEAR – make it impossible for them to go shopping – go to school – live in communities – THEN suddenly those liars & thieves will have an epiphany and realize it might be a good idea to find a different job.

    Someone needs to hit David J. Stern’s 108ft yacht with a grenade launcher and put that freaking boat on the bottom of the harbor.

    The judges & politicians will not help because their pensions are attached to the investments supported by these loans. Everything else is secondary and they’ve already made it explicitly clear – their retirement is more important than these families being foreclosed. They don’t care if the loan was illegal or unethical. They don’t care that even elderly couples are committed suicide or that this will cause countless divorces – trigger those struggling to stay clean from addictions to fall – they do NOT care what the consequences are – AS LONG AS – they get their investments… That’s what this about!

    That’s why the Federal Reserve is off limits to the public and that’s why Obama’s recent Financial Reform Bill has now made the SEC off limits. They have determined it more important to protect their own asses and to SCREW anyone else – regardless what consequences those families are forced to pay.

    Keep the Powder Dry

  4. HOW IN THE HELL CAN THE SINGLE MOST EXPENSIVE PURCHASE OF A LIFETIME BE SHROUDED IN TOTAL SECRECY?
    PEOPLE BUY HOUSES IN THE MILLIONS AND STILL HAVE NO CLUE ABOUT THE TRUTH OF THE MORTGAGE!
    FROM THE CHEAPEST HUT TO THE PALACES OF BEVERLY HILLS, IT’S ALL THE SAME, ONE HUGE COMPLICATED MESS!
    AND IT WAS SET UP TO BE THAT WAY, THE WHOLE INTENT OF THE MORTGAGE IS TO FORCE THE HOMEBUYER INTO FORECLOSURE, SOONER OR LATER.
    THAT WAS THE ONLY PURPOSE OF THE SALE, OF GIVING A MORTGAGE. IT’S IN THE MORTGAGE BROKER TRAINING MANUAL.

    And the only way out is to declare all the houses to have been bought and paid for out of TARP,
    Tell the banks to kiss off and give people back the houses that were taken, free up those pushed into default, and let the states sell back any houses left empty to people who can’t get their houses back and anybody else not an investor.
    WE PAID FOR THOSE MORTGAGES TO BE FREED UP FROM THE BANKS, THEY HAVE NO RIGHT TO KEEP ON SELLING AND USING THOSE PROPERTIES.
    THAT WAS OUR TAX MONEY, ALL THOSE BILLIONS OF DOLLARS FROM OUR POCKETS!

    WE WERE ROBBED AND WE NEED TO BE GIVEN BACK OUR HOMES!
    ALL THE PAYMENTS WE MADE UNTIL THE MELTDOWN MUST COUNT, WE MUST BE GIVEN CREDIT FOR ALL THE YEARS WE DID PAY INSTEAD OF DROPPING ALL THAT MONEY INTO A BANKER POCKET AS INTEREST!

    BLIND TRUST THAT WE ARE BEING TREATED RIGHT, BLIND FAITH THAT THIS IS BEING DONE CORRECTLY.
    IF ONE OF US HAD DONE THE EXACT SAME THING TO A BANK WE WOULD BE IN FEDERAL PRISON FOR MONEY LAUNDERING, FRAUD, MAIL FRAUD, RICO VIOLATIONS, AND 12 OTHER CRIMES AGAINST THE BANKS!
    AS IT IS THEY BANKS TREAT US LIKE WE STOLE FROM THEM!

    That song from “Good Times” EASY CREDIT RIPOFF!
    WE WERE LIVING IT, WE WERE SET UP, WE WERE PREPPED FOR THE KILL.
    The bankster now had a license to steal.
    AND NOW THAT WE KNOW THIS, WHY SHOULD WE BE QUIET, COMPLACENT, COMPLIANT AND OBEDIENT?
    WHY ARE WE NOT PITCHING A BITCH ABOUT THE WHOLE SITUATION?
    HOW COME NO BANKER IS RUN OUT OF TOWN, NO LENDER BROUGHT UP ON CRIMINAL CHARGES?
    WHY ARE THEY NOT AFRAID OF US?
    WHY DO WE BEG FOR WHAT IS ALREADY PAID FOR?
    WHY DO WE BELIEVE ANYTHING THEY SAY, SCURRY AROUND TRYING TO GATHER WHATEVER THEY SAY WE NEED, RUNNING OURSELVES RAGGED TRYING TO PLEASE THE THIEVES AND CROOKS?
    WE ARE THE VICTIMS, WHY ARE WE TREATING THE CROOKS LIKE THEY HAVE A RIGHT TO STEAL FROM US?
    WHY ARE WE THE ONES HIDING IN SHAME, NEVER SPEAKING OUT, SCREAMING FOR JUSTICE?
    WHY DO WE GO TO COURT AND PLAY HELPLESS AND GUILTY?
    WHERE IS THE OUTRAGE, THE ANGER, THE WRATH OF JUSTICE DENIED!?
    WE DID THE RIGHT THINGS AND THEY TURNED US INTO CRIMINALS!
    IT WAS A SET UP AND WE TOOK THE FALL AND THEY MADE ALL THE MONEY AND TOOK OUR HOUSES!

    I’ve read the articles, poured over the reports and memorized the cases and rulings and still it’s not enough!
    We find something to use to fight and they create, work around, make a new law to undermine us.
    The judges ignore the evidence or refuse to hear our arguments and rule against us.
    And that doesn’t count those poor people who never get a chance to go to court because they are slapped with a non-judicial foreclosure!
    Why even bother with the courts or fighting legally when half the time we have to represent ourselves because not enough lawyers are available who understand how to fight for us.
    I know of only one in our three county area. They don’t do landlord tenant, why should they do foreclosures?
    I still get sick to my stomach just thinking about how we have been robbed, beaten and left for dead by the banksters and courts. They are one and the same. They make the laws to suit themselves and make us abide by those rules.
    They use language to confirm and execute the theft.
    We don’t know the language, we don’t know the rules, we get a lawyer who does but he is sworn to uphold the very things that are killing us, he is one of them.
    He will only go so far, or the brotherhood will slap him down hard for betraying them.

  5. Who is the asshat signing “Light and Love.”

    What???

  6. Steve

    I understand – this is the problem in the courts. They believe pretend lenders do not have to provide anything. It is just incredible.

  7. Fighting mad, mad as hell

    I have said this many times. Now I have someone on my side.

  8. Be a Patriot ! Stop your mortage payment and fight these usurious bastards. It is your moral obligation.

  9. NIEL GARFIELD
    THE LAW OFFICE OF PITE DUNCON LLP
    USED THE POST OFFICE TO SEND A BALOON NOTE TO THE FEDERAL BK COURT THAT WAS TAMPERED
    WITH. 2009 THEY SENT THE OG NOTE TO THE BK COURT WITH A MERS NUMBER AND CERTIFIED COPY.HOWEVER MY REAL LOAN NUMBER WAS ERASED AND YOU CAN SEE THE LINES. 2010 THEY SENT THE OG COPY OF THE NOTE TO THE BK COURT FOR A MOTION OF RELIEF FROM STAY WITH
    NO MERS NUMBER NO CERTIFIED COPY AND NO LOAN NUMBER.HOW FUNNY HOW THE NOTE CHANGED OVER THE YEAR.THIS IS A CLEAR CASE OF MAIL FRAUD AND $$$$$.THIS IS GOING TO BE GOOD IN COURT ALONE WITH OTHER CRITICAL EVIDENTS I HAVE BERT

  10. Laws are made to control the masses, the common people, the ones who are honest and have much integrity.
    Just like locks only keep out the honest man, because a crook will not let a locked door stop him from breaking in and stealing you blind.
    Why should we obey the laws when those who robbed us ignore them?
    WHERE IS THE OUTRAGE AT THIS HOUSING MESS! WHERE ARE THE PICKETS, THE PROTESTERS OUTSIDE OF EVERY BANK EVERYWHERE?
    WHY AREN’T WE ON THE EVENING NEWS SHOUTING AND DEMANDING JUSTICE OUTSIDE THE COURTHOUSES?
    Why should we run ourselves ragged trying to LEGALLY FIX THINGS?
    Why, why why?

    They don’t care about law, why should we?
    The law only works as long as there are many to obey them.
    We should take a tip from the Polish rebellion, everybody goes on strike at the same time.
    EVERYBODY, EVERYWHERE WENT ON STRIKE ALL OVER POLAND ALL DAY!
    NOTHING MOVED, NOBODY WORKED, EVERYBODY TOOK PART IN THE STRIKE.
    It worked and the Poles broke free of Communism years before anyone else.

    WE DO THE WORK, WE PAY THE BILLS, WE ARE THE ONES OBEYING THE LAWS.
    IT’S TIME TO STOP BEING NICE, STOP BEING OBEDIENT AND START RAISING HELL!
    You can’t be a doormat if you don’t lay down!
    They are counting on us to keep being nice, being good citizens, to pack up all our things and leave quietly without causing a scene or any trouble.
    We take the blame, we feel shamed and hide from the truth that this isn’t our fault WE ARE THE VICTIMS, WE GOT ROBBED!
    AND AS LONG AS WE KEEP DENYING, KEEP ON ACTING LIKE THERE IS JUSTICE OUT THERE, THAT IF WE PLAY BY THE RULES THAT WE WILL GET JUSTICE, WE WILL KEEP GETTING SCREWED OVER, PUT OUT OF OUR HOUSES AND DENIED OUR RIGHTS AND PROPERTIES.
    HOW LONG WILL IT TAKE BEFORE WE REALIZE WE CAN’T WIN PLAYING BY THE ENEMIES RULES AND LAWS!
    THIS GAME IS RIGGED AGAINST US.
    MAKE NEW RULES AND FIGHT DIRTY TOO.
    Stop paying your bills, stop buying insurance, stop putting your money in their banks, hurt them the only way we can, stop playing the game.
    Keep your money in your pockets deprive them of the cash, make them hurt and hurt bad.
    STOP ENABLING THEM TO CRUSH US. THEY CAN’T PUT ALL OF US IN JAIL, CAN’T RUN THINGS BY THEMSELVES, CAN’T RIDE ON OUR BACKS IF WE TOSS THEM OFF.
    IT’S TIME FOR AN EVOLUTION IN THINKING, THE OLD RULES NO LONGER APPLY.

    IT’S OVERDUE FOR A REAL CHANGE IN AMERICA

  11. ANONYMOUS,

    Heck, I couldn’t even get the lender to conform with

    HOME MORTGAGE DISCLOSURE 12 U.S.C. Sec. 2803. Maintenance of records and public disclosure

    They still went ahead and took my home. Still filing complaints I received a response letter from the lender stating that since I had no P.M.I., no premiums were ever charged to my loan and that the default L.P.M.I. was paid for by a private insurer. I only referred to the Prospectus yesterday to discover who the policy holder was. Felt it was odd that it was intended for me never to discover who it was. Also, premiums are charged under escrow payments. Escrows are balanced by underage and overages. How am I to calculate weather I did or did not finance my own default policy. Being in a non-judicial state, all I get in response from the lender is, “We’re done. Move on.”

  12. Steve

    Yes. Assume the Trust still exists – and all was legally done (unlikely – but just assume this). Then the Master Servicer must remit all payments (even if you are in default) to the Trustee. There must a remittance and collection ledger to account for all payments. If the servicer does not remit all payments (on your behalf) to the Trustee – then the loan DOES NOT remain in the Trust. All of this is required by the PSA.

    Why aren’t courts asking for these ledgers????

  13. Reality Sucks –

    The logic being used is simple… They want to arrest & prosecute the cashier because she gave the masked person holding a gun in his coat pocket all the money. She must have been an accomplice… It is impossible to know if she was truly threatened (or induced) because the mask hid their lips and the coat hid the gun from the video clip…

    WE ARE THAT CASHIER…

    They do not care about you or your family. They want your FUTURE because they SPENT your PAST.

    Fraudulent Mortgage Loans means the LOAN IS NOT SECURED. If the LOAN is NOT secured – it CANNOT be SECURITIZED. If the LOAN is NOT securitized – it CANNOT become MBS… No MBS means NO INVESTMENT = NO RETIREMENT for too many Gov officials – including judges – firemen – police – teachers – judges – REGULATORS – POLICY MAKERS – judges – did I mention judges…

    The MUST have YOUR house to refill the coffers they’ve already BLOWN. They spent that money already. Even that is not enough money to make a dent – but it gives them time to JUGGLE – TIME is what they are after. Your house allows them to buy-time – of course that means WE live in the streets but that’s acceptable for them because their kids attend PRIVATE SCHOOLS – they live in gated communities…

    Here’s a good example… How many people would spend 100k on a lottery ticket that “could” extinguish your mortgage completely?

    If the odds were 1 to 100-million – would you do it?
    If the odds were 1 to 10-million..?
    If the odds were 1 to 1 million…?
    How about 1 to 100-thousand..?
    Heck – 1 to 1000 – would you do it then…?

    I doubt it… UNLESS you were LENDER….

    That’s what is going on right now… there were 2.9 million foreclosures last year – how many did the homeowners win…? Were there 100 cases – 500 cases – 1000 – how many homeowners WON and compared to those tossed to the streets? Separate out all those boneheads that SHOULD NOT have accepted the damn loans – but only those who were DUPED – or – SCREWED – how many WON?

    As has been stated over & over – these people KNEW what they were doing LONG before anyone caught on. However, that is NOT even the issue – NEIL and countless others have exposed so many freaking laws being ignored & broken by these lying thieves and HOW MANY of these people have been prosecuted…? ZIPPO – ZERO – NATTA

    Do you get the picture…? Make no mistake – I am NOT saying GIVE UP… but sooner or later reality wears thin and someone needs to open the can of whop-ass so the OTHER SIDE realizes they’ve crossed that line in the sand TOO FREAKING MUCH…

    What’s wrong with this picture…?

    Keep the Powder Dry….

  14. The “Prospectus” outlines it all. If you haven’t already done so ,

    go to: http://www.sec.gov/search/search.htm

    Look up the origination of your loan and review the entire Prospectus. I did not know my loan servicer filed reports to a master servicer (bank). The master servicer makes the overall decision to foreclose. But the master servicer is also the default insurance purchaser. The whole thing outlines all that were involved in the loans.

  15. Every single federal sponsored program has failed, the same servicers are out there doing as they please and collecting fees in the process all financed by our tax dollars.

    If they do not approve your loan mod and foreclose you should the sue, you did try to cure did you not.

    there is a guy is Nevada suing for $100,000,000.00 dollars and his getting his day in court.

    I am so mad today, but it does feel good to have a good cause your family’s future.

    the banksters got bailed out and did not have to disclose the content of their accounts in all the different tax heavens around the world and did have the chance to fudge their numbers.

    It is amazing their recovery and their ill conceived profits. Now they are speculating in the stock market, yet another bubble to burst in the very near future and nothing will happen to them.

  16. There state statutes that cover mail fraud and wire fraud of some sort. There is a task force set up by the Treasury Department that is supposed to be working on this but, they are terribly lost.

    You see, it is very simple indeed, follow the money, all the documents should follow the money, if they do not, then they do have a problem.

    Yes some cases will be removed from state courts into federal, but that should not be a serious cause for concern. Any good and competent lawyer would be ready for that apparent challenge. And there is always the lovely bankruptcy court.

    Many of the decisions that try to go deep into the heart of our troubles are coming from that venue.

    But always talk to an attorney, you may even hire one as your ghost writer. It is legal and ethical in some states to do just that. They may even be able to prep you for your fight. Some lawyers are not that selfish.

    One of the things I have observed with attorneys in FL, VA, DC and MD, is that they do not share experiences, knowledge, strategies. They do not team up on particular cases to bring forth a more effective case for the client.

    The enemy does that. They (the Banksters and their criminal element associates, the foreclosure mills) have been able for years to team up the crooks and bottom feeders of the legal industry to work in tandem for them. And have also been able to set up political action committees (PACS). That is where the political money flows for the election and reelection campaigns.

    There may be a land slide frustration vote this year, and that is a shame, because most likely, the people being elected will not have our best interest at heart.

    Yes, it is the economy “STUPID”. But let us dig a little deeper.

    1.4 million personal bankruptcies last year alone and this year we will break that record. Let us add that to the million per year for the last five years. we total over seven million Americans have filed for BK of some sort in the last 5 years. This means bad credit and no money.

    Over 60% of all American families have less than $10,000 SAVED FOR THEIR RETIREMENT. Making them financially vulnerable.

    For the first time in the history of the world as we know it. The financial industry, commonly known to me at least as the thieves of wall street, or for short “THE BANKSTERS”, own more residential real estate than all the USA population combined. Meaning that while we have grown poor they have grown fat and corrupt.

    The income of a Bankster executive has grown 400% since the 1980’s in comparison to the drop in per capita income of the American family adjusted for inflation.

    It takes in average more than 32.5 weeks to find a job and it is getting longer and longer. I have been unemployed for over two years and still actively looking.

    61% of American live pay check to pay check.

    That is why tax cuts and any other palliative treatment this current government will fail. This problem started with the perpetration of a massive fraudulent scheme. A massive double headed pyramid scheme that is both illegal and highly immoral and until that gets addressed and all of us restored. No of us will have confidence in the banks, the government and the country.

    Did you know that more Americans are choosing Mexico, Costa Rica, Panama, Thailand and even Spain as the retirement home countries. That means economics and lack of hope.

    When you choose to leave your country and spend the last days of your life because you cannot afford to grow old here in America is very defining as a challenge.

    Actions to quiet title, bankruptcy, wire fraud claims, identity theft claims, title fraud claims, avoidance of financial instruments claims, RICO, TILA, RESPA, and the rest are tools at your disposal. The decision to stand your ground and fight back is priceless.

    I do feel frustrated quite a bit, but one has to get up and go. Go to the court hose steps at least once a week, get together with others that are going through the same issues, go to you local city council meetings, county council meetings, general assembly meetings and demand to be heard. fighting in the court house is not enough.

    Push your lawyers to perform at a higher level. It is your money after all that is providing them with their lifestyle isn’t it?

    Just thinking!

  17. I say we add a list of criminal charges and go after every manager, officer, and CEO in the chain. Add a
    mortgage broker, some appraisers and a few real estate agents in the mix as well. These bastards collaborated to fleece the home owner and destroyed the nations neighborhoods.
    Some one needs to go to jail. This includes a few senators and media members who promoted this mess.

    Be a Patriot ! Stop your moorage payment and fight these usurious bastards. It is your moral obligation.
    Not theirs.

  18. I know nothing. I don’t give legal advice.
    RICO, mail fraud, all of it; unconscionable. These folks planned this a long, long, time ago, and slowly implemented the statutes and codes that would give them room to commit fraud, and also give them room to not have to disclose what they’ve done. I can see them now, as they did in the past, sitting in little ‘war room’s’ and playing out each scenario and asking themselves, “well if we do this, and they come back with that, what do we do?” and then someone lobbies a representative to sneak in a provision that keeps “that” from happening. Only ‘born alive’ or ‘alive’ Ones can own land. We were tricked into home ownership in bad contracts that were scheduled to reset and take the land from you. You don’t fall under the constitution’s basic rights because of how you were defined in the documents that allowed them to take the home from you. Judges know this stuff. Law firms know this stuff. An attorney was there, in that building, somewhere in that title company the day you created the money (the promise to pay), and for a period of time as you signed as a ‘live born’, while ‘born alive’, that attorney was a witness to that transaction. But they represent a ‘strawman’, a business that doesn’t eat, sleep, think, talk, So they helped something that does not exist take control over our homes, communities, schools, jobs, etc. Now all of what we’ve earned is throw away money because we can’t keep what we were paying for. The attorney is representing another strawman, a bank, in taking it from you. All of these businesses are represented by CEO’s and such, but they have contracts that don’t make them liable for what the ‘strawman’, a lender, servicer, bank, business that doesn’t eat, sleep, think, drink, speak; does.
    A mastermind of a devious kind, and ‘if’ you wake up, you’ll be happy to ‘get off the ride’ and let it go on without you. If you don’t wake up, you’ll keep fighting and feeding the force that is pressing against you and taking your life force and energy that could be used for other purposes, while you fight over some dirt, concrete, brick, shingles, grass, trees, and neighbors.
    I won’t violate your free will, but you have the following option, too!
    Pull your possessions and your families out, and leave those places and let them have them. Stop paying, stop fighting, go back to living. We are at war on our own soil and can’t even enjoy ourselves. That energy is being harnessed. Yes it is. You are like little batteries, generating energy with the activity of dealing with these foreclosures, and you are feeding the beast that is trying to harm you. When your battery runs dry, you will be consumed. Don’t do it. I can’t tell you what to do. I won’t violate you, but I can say you are losing more than what you are trying to save. They know what they are taking from you. You think they are taking your home, or trying to take your home, they are taking your soul. Many of us would never have fought like this, and I stepped into a court, but I did not lose my soul when they took my home. I was not prepared for the spiritual battle in a civil courtroom. But I am prepared now for a spiritual battle in a courtroom, and they will know my presence. I AM ready Many wait on “The Return of the Christ Conscious”. We are who we are waiting on. Fear keeps you still, and begging someone for a remedy. If the remedy was there, we would not have to beg for it. There is no remedy except what is granted, and free men don’t need to have anything granted to them. We have rights. We don’t need you to grant us our rights. If we can’t exercise our rights without penalty of death (sheriff making you leave), then they were stolen, and there is an imbalance when you have rights but to use them will mean death. The oppressive power needs to be removed………..It will be.
    As much as our homes were worth; considering it’s the first most expensive possession One owns, and considering the nature of the agreement that was made, the promise to pay on one side, and the promise to hold the title for the benefit of the beneficiary on the other side; so much has been violated.
    I don’t care how many times I read my Deed, it never said anyone other than the ‘Lender’ could assign a trustee, and it said the ‘Lender could appoint a new servicer and give the ‘address’ of the new servicer.
    Why would I assume that giving the new name AND address of the servicer is the same as giving the ‘address’ of the servicer? If I have a basic knowledge that ‘as it is written, so shall it be done’ (paraphrasing ‘the book’), then contracts are that firm. If it ‘ain’t in the contract, it can’t happen. Then I’m stuck with the fact that the final enforcement of this contract through the violation of it’s is to get you to ‘voluntarily’ leave your home so you don’t encounter a sheriff. If you don’t voluntarily leave your home, you agree he can put his hands on you to remove you, (considered another agreement because that’s the terms of the forcible detainer, or writ of possession), and if you don’t volunteer to leave and protect the property as per the provisions of the Deed, to protect it from all claims and such, then you’d have to arm yourself, to keep from being moved from your land, and then you are considered an enemy or terrorist and killed to remove you permanently from this existence.
    In my entire life, thus far, I never thought, that by agreeing to be a member of this system and calling myself a US Citizen, I would be subject to such rogue-ish terms and I would keep my promise to pay with full knowledge of the terms if I did not.
    That is the biggest clue we have been hoodwinked. No one in their right mind would agree to such terms, where someone forces you to voluntarily do anything…that’s an oxymoron.
    Like forcing you to voluntarily go to prison…you were either forced by threat, duress, or coercion, or you didn’t want to go.
    I need this system to fail, and I need those responsible to feel what they have done to ‘themselves’. They were hoodwinked too! The top of the pyramid is not the top, and the ancient knowledge of ancient civilizations would tell them, ‘what they do to others, they’ve done to themselves’, because all is One! There isn’t a star in the sky, or a grain of sand on the ground that isn’t a part of the whole. We all are connected in this world, pick any piece, a tree, a rock, a plant, a blade of grass, a poor person, a rich person, and tell me any that aren’t a part of the whole. From a universal standpoint it’s their ignorance that will lead to their judgment, and they think we speak of fairies and unicorns, but this is real. What was done is real, and we are at the end game.
    You can trick us into anything you want to trick us into, but once you ‘force’ us into compliance, or force us out, you have violated the basic laws of nature that gave you power, and Nature is always about a balance of power, always. These ‘ignorant’ Ones who think they are running things should look at the Jet Li movie called “The One”. That was a great movie from a Universal balance perspective. Hollywood is gifted in providing messages in their movies and music. Knowing the ‘law of the land’ is only a smidgen of the knowledge one must know to grow spiritually.
    There is a spiritual imbalance and it will be followed by a spiritual clearance. I do not need their permission or access to have a home. I’m protected no matter where I am. I was robbed and still have what I need.
    But changing the servicer is not changing the Lender, and changing the address of the servicer is not changing the ‘name and address’ of the servicer, and allowing someone else to be the holder of the note is no big deal to me, as long as I get the title from the transaction when I keep my promise, and all these mods that are bogus…I’m speechless. I can imagine many working for the bank, living in an apartment, or having a home, but because the bank is listed as their employee on their credit report, they aren’t on the list, yet. I spent the weekend discussing my decision to want to know who I’m dealing with from a secured transaction requirement when someone demands payment from you for a debt, and three guys, all ‘educated’ said I should have paid and gave them time to transfer the deed, I should have given them 6 or more months to assign the deed, or I should have made the title company tell me where the legal title was, and they all fed off each other’s ignorance. And I actually laughed under my breath at how they thought that since they were in agreement, as to the solution, they must have been right.
    Furthest from the truth.
    No company is too big to handle the basic aspects of their business, if so, then they need to go out of business, or they are operating an illicit business.
    I can search my county records, and I did up until July for this particular company, and all I saw was Trustee’s deeds conveyed to them or modifications filed for them. I wondered, why didn’t they have ‘Deeds of Trusts” filed?

    Modification – A change; an alteration or amendment which introduces new elements into the details, or cancels some of them, but leaves the general purpose and effect of the subject-matter intact.

    The alteration is the ‘new’ company inserting themself into your Deed when there was no proper assignment of the beneficiary status, the cancel, is that when you are finished keeping your promise to pay, they send you a nice copy of the note saying you kept your promise, the general purpose and effect of the subject-matter is you still don’t get what was put up, and that’s the title to the home or a release of that lien. My people are destroyed for their lack of knowledge, Hosea.
    Many are so caught up in having a home, they can’t see they are being robbed. I have taught my child to stand up for what is right, not hold on for what is wrong and hope they give you mercy. Many will get what they (do not) deserve (but have set themselves up for anyway) for not having their priorities straight and not wanting to ‘lose’ this battle. We are at war, a financial war, and the sooner you let these little battles end, the better we can determine the winner of the war.
    Money exchanges hands the entire time people are ‘fighting’ to stay in their homes. They are paying the ‘enemy’ and providing him with ammunition, food, and gasoline to keep up the fight; and their mindset is, well if I keep giving him what he wants (food, gas, ammunition), maybe he’ll modify this war and let me stay here without getting hurt.
    That’s what most of you are doing. I wish I could reach the children and tell them not to be like the adults who don’t know how to let go.
    If as BSE puts it, everyone was a patriot, and not necessarily for the US but a patriot for mankind, they would all walk away from this and allow the wheels of commerce to stop turning. If only for a month, and the entire house of cards will fall. But fear will make many wait for someone else to do it, and they will supply the ‘enemy’ with food, water, gasoline, hoping the enemy will not see them and not make them go through what they are doing to everyone else.
    We’ve lost ourselves as a nation, and if for no other reason, this crisis is dividing us into those that are meek and those that are not, and if there is a rapture, it will be easy to pull the weeds and harvest the rest, and those that fertilze the weeds, will get pulled with the weeds, because they wanted to side with the weeds to keep their shelter, and felt they were too good to be like the rest of the crops that could have sustained life.
    Talk of the mark of the beast, some of you are wearing the mark for various reasons, and while looking at the beast and saying you aren’t it…you are wearing the mark and that puts you on the same side as the beast. Beasts will eat their own, so don’t expect to be treated any differently. Remember who you are. If your remedy was remove, get out of the way, and allow what will happen, to happen. If you feed the beast, you are part of the problem, too.
    I can’t say you are placed outside of it’s judgment because you are still in there with the beast, maybe fighting it, but giving it energy in payments, and filing fees, and mental and spiritual focus spent to try to ovecome the oppression placed upon you. The beast feeds off your life source. It can harness it from the atmosphere, like harnessing wind and water power. There are many energies out there. We’ve seen the basic experiment of the potato that lights a light bulb. You are being harnessed and you need to decide, quickly what side of the fence you want to be on, when the ‘stuff hits the fan’, because there is a collapse of epic proportions coming and it’s not just money, and government, and war, and black sea from oil, or earthquakes. There is a great change and you need to decide what part of the change you will be, and consider the fact that they may be distracting you from the most important decision of your existence, by making you fight over a bad contract in which no one will make them enforce the terms, as all of them need you to lose your focus on where you should be spiritually so they can keep you here as food and energy when the time comes for the great harvest. (If you are unaware, learn as much as you can, and if you don’t want to know, ignore what I said).

    at arm’s length
    Light and Love,
    Trespass Unwanted,Freeman, born alive,in jure proprio

  19. MOTIVE FOR COMINGLING OF FUNDS?

    COVER UP OF THE PONZI SCHEME. MAYBE WE SHOULD HIRE MADDOFF AS AN EXPERT WITNESS?

  20. Isn’t that how they always get the mob bosses? Follow them for years and get mail fraud or wire fraud to finally get them off the street?

    Our Motion to Dismiss was denied. Plaintiff argued that they need discovery from US??? Plaintiff also claimed we have things to litigate!!! That means no sneaky motions for summary judgement 🙂

  21. HOW ABOUT JUST GOOD OLD COMINGLING OF FUNDS
    HOW ABOUT JUST GOOD OLD MISREPRESENTATION
    HOW ABOUT JUST GOOD OLD CO-MINGLING OF FUNDS

    HOW ABOUT THIS ECONOMIC COLLAPSE IS A CLASSIC BROKER DRIVEN MARKET, NOT A MARKET WHERE A LENDER HAD AN INTEREST IN THE LOAN
    WHY DID THE MAJOR BANKS IN THEIR LOAN CONTRACT WRITE “LENDER” AND NOT TABLE FUNDED OR BROKER?

    WHAT MORE DO I NEED?

    AN ATTORNEY AND A JUDGE THAT ARE NOT DEAF AND HAVE A HEART OF STONE. IN THE LAST DEFENSE TO THE JUDGES WE DONT HAVE ENOUGH ATTORNEYS DEFENDING US.

    1 MILLIONS FORECLOSURES THIS YEAR ALONE ACCORDING TO REALTYTRAC.

    NOW COMMERCIAL RETAIL AND OFFICE OWNERS HAVE STOPPED MAKING PAYMENTS. THIS IS REAL BAD

    GREAT ARTICLE NEIL ANOTHER ANGLE MAYBE IF YOU SHOW THIS TO THE OPPOSING COUNSEL THEY WILL THINK TWICE BEFORE PURSUING.

    G-D SAVE AMERICA

  22. Gordon is right: The ones who are part of the problem can’t be part of the solution.

    Kickboxer asked the right Question: Who does class action law suits?

    For cases in Florida:
    http://mattweidnerlaw.com/blog/wp-content/uploads/2010/08/agcooperstern.pdf
    (saxenawhite.com)

    http://mattweidnerlaw.com/blog/wp-content/uploads/2010/08/agfigueroa.pdf
    (Kenneth Eric Trent)

    Nationwide, even worldwide:

    Cohen, Milstein, Hausfeld http://www.cmht.com

    They are big enough to take on BoA/Countrywide.

    I don’t know them and have NO commercial interest in these suggestions!
    (Unless there is immediate action and the Intermediaries and their mills will be shut down swiftly…)

  23. Look for missing dates left off your envelopes. Inside material is dated one day and you receive the package a month late 🙂

    http://stopforeclosurefraud.com/tag/omit-date/

  24. I tend to think that anything that requires Federal action, though, will just not happen except on the most superficial level as long a billions in bankster lobbying money continues to roll into Washington. My bet is still on local action for fraudulent documents, tax evasion, and forgery to get the ball rolling.

  25. So all we need now is a law firm that will file a class action suit alleging wire and mail fraud. With so many “similarly situated” homeowners, the potential for a law firm to make a few bucks is definitely there. Who does class action law suits?

  26. I LOVE IT ! , any attempt to defend would involve disclosure of facts they want to bury and open up the books fully. I am a big advocate of OVERKILL ,, bringing in regulatory agencies with the big stick.. even in minor cases…

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