EDITOR’S NOTE: Well it has finally happened. Three years ago I couldn’t get a single lawyer anywhere to consider this line of work. I predicted that this area of expertise in their practice would dwarf anything they were currently doing including personal injury and malpractice. I even tried to guarantee fees to lawyers and they wouldn’t take it. Now there are hundreds, if not thousands of lawyers who are either practicing in this field or are about to take the plunge. The early adopters who attended my workshops and read my materials, workbooks and bought the DVD’s are making some serious money and have positioned themselves perfectly ahead of the crowd.

Congratulations, everyone, it was the readers who made this happen. Without your support I would not have been able to reach the many thousands of homeowners and lawyers and government officials whoa re now turning the corner in their understanding of this mess and their willingness to do something about it.

The article below from Streitfeld sounds like it was written by me. No attribution though. No matter. The message is out. The foreclosures were and are wrongful, illegal, immoral and the opposite of any notion we have of justice. They were dressed up to look right and they got way with it for years because so many homeowners simply gave up convinced they had only to blame themselves for getting into a raw deal. Those homeowners who gave up were wrong and now they will find themselves approached by lawyers who will promise them return of the house they lost or damages for the wrongful foreclosure. When you left, you thought your loan had not been paid and that the notice you received was legitimate. You were wrong on both counts. The loan had been paid, there were other people who had signed up for liability along with you to justify the price on steroids that was sold to your lender (investor).

For those who are just catching up, here it is in a nutshell: Borrower signs a note to ABC Corp., which says it is the lender but isn’t. So you start right away with the wrong party named on the note and mortgage (deed of trust) PLUS the use of a meaningless nominee on the mortgage (deed of trust) which completely invalidates the documents and clouds the title. Meanwhile the lender gets a mortgage bond NOT SIGNED BY THE BORROWER. The bond says that this new “entity” (which usually they never bothered to actually form) will pay them from “receivables.” The receivables include but ARE NOT LIMITED TO the payments from the borrower who accepted funding of a loan. These other parties are there to justify the fact that the loan was sold at a huge premium to the lender without disclosure to either the borrower or the lender. (The tier 2 Yield Spread Premium that raises some really juicy causes of action under TILA, RESPA and the 10b-5 actions, including treble damages, attorney fees and restitution).

And and by the way for the more sophisticated lawyers, now would be the time to sharpen up your defense skills and your knowledge of administrative laws. Hundreds of thousands of disciplinary actions are going to filed against the professionally licensed people who attended the borrower’s “closing” and who attended the closing with the “lender.” With their livelihood at stake, their current arrogance will morph into abject fear. Here is your line when you quote them fees: “Remember that rainy day you were saving up for? Well, it’s raining!” Many lawyers and homeowners are going to realize that they have easy pickings when they bring administrative grievances in quasi criminal proceedings (don’t threaten it, that’s a crime, just do it) which results in restitution funded by the professional liability insurer. careful about the way you word the grievance. Don’t go overboard or else the insurance carrier will deny coverage based upon the allegation of an intentional act. You want to allege gross negligence.

EVERYBODY in the securitization structure gets paid premium money to keep their mouth shut and money changes hands faster than one of those street guys who moves shells or cards around on a table. Yes everyone gets paid — except the borrower who never got the benefit of his the bargain he signed up for — a home worth whatever they said it was worth at closing. It wasn’t worth that and it will never be worth that and everyone except the borrower knew it with the possible exception of some lenders who didn’t care because the other people who the borrower knew nothing about, had “guaranteed” the value of the lender’s investment and minimized the risk to the level of “cash equivalent” AAA-rated.

The securitization “partners” did not dot their “i’s” nor cross their “t’s.” And that is what the article below is about. But they failed to do that for a reason. They didn’t care about the documents because they never had any intention of using them anyway. It was all a scam cleverly disguised as a legitimate part of the home mortgage industry. It was instead a Ponzi scheme without any of the attributes of real appraisals, real underwriting reviews and committees and decisions. They bought the signature of the borrowers by promising the moon and they sold the apparent existence of signature (which in many cases) did not even exist) to Lenders by promising the stars.

And now, like it wasn’t news three years ago when we first brought it up, suddenly mainstream media is picking up the possibility that  the foreclosures were all fraudulent also. The pretender lenders were intentionally and knowingly misrepresenting themselves as lenders in order to grab property that didn’t belong to them and to which they had no rights — to the detriment of both the borrowers and the lenders. And some judges, government officials and even lawyers appear to be surprised by that, are you?


GMAC’s Errors Leave Foreclosures in Question


The recent admission by a major mortgage lender that it had filed dubious foreclosure documents is likely to fuel a furor against hasty foreclosures, which have prompted complaints nationwide since housing prices collapsed.

Lawyers for distressed homeowners and law enforcement officials in several states on Friday seized on revelations by GMAC Mortgage, the country’s fourth-largest home loan lender, that it had violated legal rules in its rush to file many foreclosures as quickly as possible.

Attorneys general in Iowa and North Carolina said they were beginning separate investigations of the lender, and the attorney general in California directed the company to suspend all foreclosures in that state until it “proves that it’s following the letter of the law.”

The federal government, which became the majority owner of GMAC after supplying $17 billion to prevent the lender’s failure, said Friday that it had told the company to clean up its act.

Florida lawyers representing borrowers in default said they would start filing motions as early as next week to have hundreds of foreclosure actions dismissed.

While GMAC is the first big lender to publicly acknowledge that its practices might have been improper, defense lawyers and consumer advocates have long argued that numerous lenders have used inaccurate or incomplete documents to remove delinquent owners from their houses.

The issue has broad consequences for the millions of buyers of foreclosed homes, some of whom might not have clear title to their bargain property. And it may offer unforeseen opportunities for those who were evicted.

“You know those billboards that lawyers put up seeking divorcing or bankrupt clients?” asked Greg Clark, a Florida real estate lawyer. “It’s only a matter of time until they start putting up signs that say, ‘You might be entitled to cash payment for wrongful foreclosure.’ ”

The furor has already begun in Florida, which is one of the 23 states where foreclosures must be approved by courts. Nearly half a million foreclosures are in the Florida courts, overwhelming the system.

J. Thomas McGrady, chief judge in the foreclosure hotbed of St. Petersburg, said the problems went far beyond GMAC. Four major law firms doing foreclosures for lenders are under investigation by the Florida attorney general.

“Some of what the lenders are submitting in court is incompetent, some is just sloppy,” said Judge McGrady of the Sixth Judicial Circuit in Clearwater, Fla. “And somewhere in there could be a fraudulent element.”

In many cases, the defaulting homeowners do not hire lawyers, making problems generated by the lenders hard to detect.

“Documents are submitted, and there’s no one to really contest whether it is accurate or not,” the judge said. “We have an affidavit that says it is, so we rely on that. But then later we may find out that someone lost their home when they shouldn’t have. We don’t like that.”

GMAC, which is based in Detroit and is now a subsidiary of Ally Financial, first put the spotlight on its procedures when it told real estate agents and brokers last week that it was immediately and indefinitely stopping all evictions and sales of foreclosed property in the states — generally on the East Coast and in the Midwest — where foreclosures must be approved by courts.

That was a highly unusual move. So was the lender’s simultaneous withdrawal of important affidavits in pending cases. The affidavits were sworn statements by GMAC officials that they had personal knowledge of the foreclosure documents.

The company played down its actions, saying the defects in its foreclosure filings were “technical.” It has declined to say how many cases might be affected.

A GMAC spokeswoman also declined to say Friday whether the company would stop foreclosures in California as the attorney general, Jerry Brown, demanded. Foreclosures in California are not judicial.

GMAC’s vague explanations have been little comfort to some states.

“We cannot allow companies to systematically flout the rules of civil procedure,” said one of Iowa’s assistant attorneys general, Patrick Madigan. “They’re either going to have to hire more people or the foreclosure process is going to have to slow down.”

GMAC began as the auto financing arm of General Motors. During the housing boom, it made a heavy bet on subprime borrowers, giving loans to many people who could not afford a house.

“We have discussed the current situation with GMAC and expect them to take prompt action to correct any errors,” said Mark Paustenbach, a spokesman for the Treasury Department.

GMAC appears to have been forced to reveal its problems in the wake of several depositions given by Jeffrey Stephan, the team leader of the document execution unit in the lender’s Fort Washington, Pa., offices.

Mr. Stephan, 41, said in one deposition that he signed as many as 10,000 affidavits and other foreclosure documents a month; in another he said it was 6,000 to 8,000.

The affidavits state that Mr. Stephan, in his capacity as limited signing officer for GMAC, had examined “all books, records and documents” involved in the foreclosure and that he had “personal knowledge” of the relevant facts.

In the depositions, Mr. Stephan said he did not do this.

In a June deposition, a lawyer representing a foreclosed household put it directly: “So other than the due date and the balances due, is it correct that you do not know whether any other part of the affidavit that you sign is true?”

“That could be correct,” Mr. Stephan replied.

Mr. Stephan also said in depositions that his signature had not been notarized when he wrote it, but only later, or even the next day.

GMAC said Mr. Stephan was not available for an interview. The lender said its “failures” did not “reflect any disrespect for our courts or the judicial processes.”

Margery Golant, a Boca Raton, Fla., foreclosure defense lawyer, said GMAC “has cracked open the door.”

“Judges used to look at us strangely when we tried to tell them all these major financial institutions are lying,” said Ms. Golant, a former associate general counsel for the lender Ocwen Financial.

Her assistants were reviewing all of the law firm’s cases Friday to see whether GMAC had been involved. “Lawyers all over Florida and I’m sure all over the country are drafting pleadings,” she said. “We’ll file motions for sanctions and motions to dismiss the case for fraud on the court.”

For homeowners in foreclosure, the admissions by GMAC are bringing hope for resolution.

One such homeowner is John Turner, a commercial airline pilot based near Detroit. Three years ago he bought a Florida condo, thinking he would move down there with a girlfriend. The relationship fizzled, his finances dwindled, and the place went into foreclosure.

GMAC called several times a week, seeking its $195,000. Mr. Turner says he tried to meet the lender halfway but failed. Last week it put his case in limbo by withdrawing the affidavit.

“We should be able to come to an agreement that’s beneficial to both of us,” Mr. Turner said. “I feel like I’m due something.”

62 Responses

  1. I can top the stories! My own cnugent gov assiste CitMortgage in misconduct. Resulting in foreclosure while under forebearsnce and without any notices OR court signed eviction. Not sure, if I will plow ahead of hire the meanest lawyer my $ can buy.

    This is the first public word I’ve spoken about it, it won’t be my last!

  2. does anyone know how much in damages can be awarded (or have been) in a wrongful eviction case? (against a bank!) If you have ANY KNOWLEDGE OR CASE NUMBERS PLEASE EMAIL ME!! We won in appeals court and now have a hearing for damages!

    Please any precedent rulings would be great!


  3. I was Illegally forclosed on and want to know my rights and how to fight the case. I have paid over $147,000.00 on a $300,000.00 loan. This bank refused my back payments twice ( 6mos. and 1 mo.) before the foreclosure date. I found out to late I could have made up my back payments according to the Law and that would have stopped the foreclosure. I have a witness to the bankers refusing my back payments. I went on line to the Commercial Loan/Law site and found this info to late to act on it. What can I do, as so many Attorneys really don’t want this fight and really don’t know a lot of what is going on. But have no problem charging you for their services. When I confronted the bankers why they broke the Law by refusing my payments, they just stated they wanted to lease the property to me, and they couldn’t talk about this without their Atorneys. I have had one phone call from them, not about the lease, just stating I need to find a buyer for the building or move out in 30 days. I told them I didn’t know what game they were playing now. As it has been over 60 days since they were going to lease the building to me, and this is the first call form the bankers to me.

  4. Misapplying Western Union funds to a loan, then turning around to say 60 days in default, filing court docs as such, charging attorney fees on that default.
    Their accounting procedures are all messed up. If they can’t get their core process of applyiing payments correctly, then they feel they can say “in good faith” believe you are in default. I am contacting my AG in IA. and hopefully my QWR with all their specific errors laid out in front of them, down to the penny will help them do their job correctly.

    My previous 14yr job was to process daily million dollar deposits that HAD to be correct to the penny.

  5. One more thing. It’s an election year contact the person runnign against so it becomes a hot topic in debates. If teh people in power don’t help us them don’t vote for them.

  6. Everybody needs to start contacting all the politicians in their respective states. In Wisconsin nothing is happening, no articles in the paper, nothing from AG. I know the stat has a relationship with JP Morgan and it may be illegal for these banks to have securitized the mortages/notes making basically all mortgages void!

  7. The exclusion of these unidentified parties is particularly important in this proceeding. It is highly unlikely that FHM has kept the promissory note: most likely, it sold the note into the market for mortgage securitization.· In consequence, it is quite unlikely that MERS is an authorized agent of the holder of the note here at issue. By adding these unidentified movants, MERS is trying to obtain relief from the automatic stay for the current note holders without disclosing to the court their existence, identities or the source of MERS’s authority to act on their behalf. This is improper. In re Vargas, 396 B.R. 511, 516 (Bankr. C.D. Cal. 2008)

  8. Used Kar Guy
    I will do that. You still with the Madison lawyer?

  9. I have called b of a and they say only certain homes are on hold from foreclosure.

  10. Luis
    Write BOA and ask them if there is a hold on your foreclosure?
    Stan Racine Wi

  11. how i can find a lawyer in southern california who can take my case against BOFA.


    e-mail for Nell Rohlich, Wisconsin DOJ. She has deaf ears, I can’t get her attention. All those in Wisconsin, take a crack at her e-mail. Wake her up.

  13. Mr.Neil Garfield ,

    I was interviewed by ABC Good Morning America today .

    The interview should be aired tommorrow morning starting at 07:00am

    I was evicted with fraudulant documents ,

    but still fighting … I have Ice Legal …representing me


  14. We have opened a large can of whoop-ass up here in Washington State on Quality Loan Services and Aurora. Funny thing is I’ve got a 23 cans left in the case.

    Let me personally recommend the E-book

    by Dave Krieger. No need to say it all again here in the blog. Buy his book and try to train your attorney. Maybe now they’ll start to “get it.” Lots of whoop-ass in that book. We’ll use the securitization and accounting fraud to put them in jail after we take our homes and damages back first.

    Has anybody anywhere ever heard of a homeowner receiving an apology letter from their foreclosure mill? I did yesterday. Those sorry SOBs don’t even know what sorry is yet.

    Thankyou Dave Krieger, Jill Smith, and Karen Pooley !!!!!

  15. As part of Mr. Garfield’s Continuum, everyone should populate this video to viral status:

    Foreclosure Fraud with Judge Arthur Schack!

  16. Stan – I am also in WI and had an attorney quit after Chase’s attorney and the BK judge threatened sancations. Now the the cat is out of the bag regarding the fraud, I am going to contact every high ranking official, attorney general, sec of state, senators, etc. Also, I am contacving all the news orgnizations. Not only are the banks guilty of misconduct but so are their attorneys and the judges. I had 2 didfferent judges rule against me even though Chases didn;t provide even a copy of the note or any affidavits. The judges looked the other way.

  17. […] you-may-be-entitled-to-cash-payment-for-wrongful-foreclosure-coming-to-a-billboard-near-you […]

  18. Stanley Putra –

    Mr. Henry Paulson – among others blocked any aid to homeowners – at onset of crisis..


    This is the chronic “spin” we get from the media.

    If the government does not get it’s act together now – the massive problems will become – uncorrectable – along with the US economy – and many other repercussions.

    Been fighting this so long – sick over it.


  19. Niel,
    Does this fraud apply in California ?

  20. One has to be in the front of the line before Congress bails out the Banks again with legislation or money. Touble is I am burned out and attorneys keep turning me down in WI.

  21. I just saw the video clip from MSNBC that is available on , and the whole thing was actually presented as an obstacle to unclog the foreclosure and that as unfortunate as it may seem, JP MORGAN had to stop the foreclosures because a few of their foreclosures may have problems.

    and that even though all the affidavits were not “properly” handled they are ‘factually correct” that is their spin on this, they are telling the truth and we are still dead beats.

  22. the lie that will come out of the big pretender lenders now that the document fiasco is known is that the documents although not having been reviewed or read, all the info contained therein is factual or true.

    So what are we going to do once that becomes the status quo?

    who gave them the numbers, who declares the default? who provides the accounting?

    this is just a way to give the judges that may get involved a reason to continue ruling on the lenders favor.

    who in reality decides if we are in default?

    I want a full accounting of all individual mortgage transactions and then we can talk

  23. JPMorgan Chase said Wednesday that it was suspending more than 50,000 foreclosures as it reviewed the legitimacy of legal documents in the cases.
    Add to Portfolio

    * JPMorgan Chase & Co

    Go to your Portfolio »

    The bank is the second major company to take such action this month, underscoring a growing legal problem about identifying the holder of the original mortgage note. The issue could stall an already overloaded foreclosure process. Analysts do not expect the delays to reduce the number of foreclosures in the long run.

    “It will probably slow things down for a couple months while these documents are reviewed,” said Rick Sharga, a senior vice president at foreclosure listing service RealtyTrac Inc. “It won’t stop things.”

    But if the problem turns up at more of the largest mortgage companies, a foreclosure crisis that is likely to drag on for several more years could persist even longer.

    JPMorgan acknowledged that its employees signed some affidavits about loan documents without personally verifying the files. These affidavits identify who holds the original mortgage note in foreclosure cases.

    The company believes the information in the affidavits is accurate, and that the affidavits were prepared by “appropriate personnel,” spokesman Tom Kelly said Wednesday.

    The bank asked judges to not enter judgments against homeowners facing foreclosure until the review is done. It expects the process to take a few weeks.

    In a similar move, GMAC Mortgage last week halted certain evictions and sales of foreclosed homes in 23 states to review those cases. The company said it found procedural errors in some foreclosure affidavits.

    Fitch Ratings said that Wednesday it was asking mortgage companies about their internal processes for executing foreclosure affidavits. If it finds the processes lacking, Fitch will consider downgrading the company’s rating.

    The agency also said if the issue is widespread, the resulting delays and extra costs to foreclose could increase losses related to residential mortgage-backed securities.

    Lic. Rafael E. Semidey-Penaloza
    Supply and Demand International Network
    Cell 305 746 9103

  24. David C Breidenbach,

    I agree the short sale is a bribe to cover up the fraud.

  25. frankielee,

    Correct. There should be NO short sales. All was fraud from the onset of origination. All is fraud in foreclosure actions. Short sales – will ruin your credit, despite what some may claim to the contrary, and have no place as a bribe solution to fraud.

    David C Breidenbach,

    I have no personal animosity against Tea Party groupies. However, the Tea Party movement was initiated to block any hand-outs to anyone – including victims of fraud. You are right -Santelli – and many in his network – adamantly opposed any aid to foreclosure victims. CNBC continues to oppose any relief. What these guys just do not get – is that the economy is based on all the American people – not just the people who watch their network for “investment” tips. Foreclosures affect ALL. We have been, and continue to be, pulled down as a country – once most powerful in the world. Income distribution in this country is the worst in decades, – unemployment is NOT improving, consumption as a major component of GDP will no longer carry weight. And, I AM a capitalist – but capitalism cannot be promoted via fraud. The American people were scammed – and if Rick S. wants economic recovery – he should recognize this – as should Larry, Maria, and all the other network cheerleaders against foreclosure victims.

    Heard another mini-crash was averted today – by aid – complements of whomever. We are not in good shape – and when will Rick and the networks get it???

    The word is FRAUD – RICK S – and the TEA PARTY must first recognize this before they go ranting and raving.

  26. David C. wrote:

    “The simple bottom line for the economy is that current homeowners should be entitled to get agreement to a short sale…”

    In a short sale, you’re simply doing the banks work for them, while they still get to trash your credit. Why would anyone want to help the banks? This also would not help the economy in that the housing market would be further drowned by the excess supply.

    But more importantly, this doesn’t work, as it aids and abets the criminals and their their crimes. There can be no mediation, no modification, no reconciliation at all with the banksters who are defrauding the world.

    My concern from the very start has been that once this huge crime scene is taped off and shown for what it truly is, the biggest Ponzi scheme of all time, the banksters would find a way of turning it around in their favor. A current article in the Huff Post is suggesting just that sort of thing….asking for mods from Fannie and Freddie, just two more crooks in the scheme.

    How can one modify a fraud? That’s like paying terrorists not to kill you. First off it doesn’t work most of the time as history has shown us, and secondly, it justifies their criminal behaviour. As if the banksters need anymore justification what with the MSM, SEC, FDIC, both sides of the aisle, the treasury, the fed, the POTUS….and on and on….

  27. To Stan (I think)- you said you put a lien on your home – what kind of a lien and for how much? I will be very interested in hearing about that. Thanks!

    I agree with you to a point——-that point is the original Tea Party comment by Rick Santelli CNBC—–was what is purported to be Tea Party fundamentals—nothing for defaulting homeowners who apparently are worse than terrorists to the Santellis. Marie Antoinette would have liked him.

    if this is really Tea Party credo–despite the Delaware Lady——-then things could revert back to Bush. Regulations without regulators.

  29. The simple bottom line for the economy is that current homeowners should be entitled to get agreement to a short sale–coupled with a right of first refusal so long as the property is not trashed. It makes no sense to go to all the costs of turnover and refi fees for 1st time homebuyers with little credit history and a tax credit for a downpayment, when a decent working family with kids cant get the same deal. Its just plain stupid and morally wrong. The ‘moral hazard’ is what happens if the system fails to stop this runaway train. It will repeat itself.-then a long downward spiral.

  30. mary,

    Should be a crime. But others paying your debt – through swaps/insurance, does not mean you will no longer be held responsible.

    But, there are some who are still actually paying the loans.. Where is this money going?? To the Federal Reserve Bank of NY – who holds many tranches in many former SPVs?? No. No one knows where it is going. No one knows where foreclosure proceeds are going. No one is accounting for anything. Because, the SEC never required accounting – thank to the 15-Ds..

    So, bottom line is – and always has been – accounting. And why are courts not demanding accounting ledgers??? Why are courts assuming all is transferred to trustee to some dissolved trust?? Why are courts just assuming all is valid- when it is far from valid?? Why, and how, can this be happening in America?? This is Obama’s responsibility – and not to be construed as a kindness gesture. Obama owes accountability to the American public. And, no more time should be wasted.

    Again, I am not pro or anti Obama. I no longer have a position in any politics. But, the party in current power – is the party that must resolve the fraud – it is not their political position – it is their obligation..


  32. If this has all been a lie, and the loans paid, not in default, what about the serviciers collecting payments from people and they had no right to our monies? Isn’t that a crime???

  33. No attornies knocking at my door.
    Racine, WI

  34. To ALL
    Affidavit of fault by attorney.
    Maybe you can sue the attorney? Take his affadavit and answer each point 1 deny provide proof 2. deny provide proof. A good affadavit has to have legal proof attached to it. Claim he is not in the time limits.
    Remember void has no time limits voidable has time limits.
    Racine, Wi.

  35. Bt
    Look at the statue of limitations. You can still bring a lawsuit for fraudelant foreclosure. Especially when they have an ongoing lien on your properties and are ruining your credit. In Fla I had a lien put on my house. If they do not proceed within a yaer the lien becomes void and they can’t put another lien. Check your state statutes.
    Racine WI

  36. Question is – how did the courts let so many of the fraudulent foreclosures go through?

    There is one judge who stood out among the many judges who routinely denied victims their rights. That judge is Judge Schack. Judge Schack knew something was very wrong and he was not afraid to speak out.

    Ironically, Lady Justice – who wears a blindfold – is supposed to represent impartiality. But, Lady Justice was originally depicted without a blindfold. Time to remove the blindfold so courts can open their eyes. Courts have been blind to the truth.

  37. I have a question for any lawyer. If a signed Personal Gurantee for a Commercial Realestate loan has a Bad Notrary, (Notrary not properly excuted) does that make the who document null and void?

  38. Why is it a problem that lawyers WANT to help now?? Everyone has been complaining about not being able to find a lawyer. I personally had to interview more than a dozen… And had a few dozen more not even having the common courtesy to return a phone call and say “no, I can’t take your case…”
    I planned on going Pro Se. As time goes on it is apparent that they are upping their lawyer game. I am not going to get beat at this point by a slight of procedure! I don’t have time to get a law degree…I am already being sued.

    Just say NO to a Class Action…the only one making money in a class are the lawyers!

  39. Really, I’ve seen Deathwish. Like 235 times. LOL, let’s see whose bullet proof, and who has an address Charlie can’t find via net detective! spam! spam! Hurry, call the FBI, and all the clowns. Get a nice Kevlar(rtm) suit of silver, LOL.

    Looks like, my prophecy… Looks like that’s what it’s coming to, coming true. I hate to be a trendsetter so, I’ll let the Taliban get ’em. LOL (where the money is going anyways… Right?) LOL click, hmmm 45 or 223? LOL

  40. XCor, build your own rocket!

    So I was told, and I suspect there is no money, pro bono, and even barely by a legal fee, representing the individual as a lawyer. So the cash payment, should be about the same as the Ameriquest class action suit, about 21,100 pennies per litigant. (5 years from now)

    So why can’t an entity, who adds hardship, to an already established hardship, via extending the “loan(s)” modification period(s) to extract more than a foreclosure is ever going to extract, from the poor fool believing the HOPE is in a HAMPer is going to actually help,… be sue by civil law.

    Sad that civil law, or civil rights, apparently are in the dumpster of American hypocrisy.

    But any lawyer who wants to call me on the phone, I have a case I believe, against AHMSI, and some of the extra clowns in the Deutsche Bank Folkswagon, LOL.
    (Default Debt Resolution Network, Routh, Castle Cooper and Olsen, LLC, Bozo, and who knows how many more)


    But, I believe, good call Neil, sometimes preaching like a prophet, will always have a host of unbelievers, LOL, even if the prophecy was little over 1000 days in becoming true. But now Doom$day is even on the banks back door, so at least the lawyers can keep their jobs over at DB, LOL.

    Wish I could say it is my home phone, but it’s not. I’m living in my friends garage. AHMSI breeched, amongst other things.

  41. […] YOU MAY BE ENTITLED TO CASH PAYMENT FOR WRONGFUL FORECLOSURE — Coming to a Billboard Near YOU Posted on September 25, 2010 by Neil Garfield […]

  42. Saddle up, and let’s get the posse ready to ride.
    It may take years to complete the round up.
    Hopefully, we do not run out of rope.

  43. Neil and others planted seeds, watered, and fertilized. NOW COMES THE HARVEST!

    Seems to me that as we go through this depression, that wrongful foreclosure can be a lawyer’s livelihood for years to come.

    Good to see this media event. Judges are influenced by the social environment, news and politics.

    Judges like to say “we are not political animals”

    Well, who appointed you? And why? You want to go to the Apellate court? How are you going to get there?


    Please visit and see what you think. I am battling BOA and their crummy foreclosure mill, Blommer-Peterman.

    Thank you for taking a look.

  45. The following NY Times article shows just how lame the seemingly cast in stone laws are as to securities and fiduciary responsibilities. It’s all about being lawyered up to the max.

    The banksters defense is…”firms like Goldman and JP Morgan owe no fiduciary responsibility to their customers.”

    And….”since [the clients] didn’t realize they were supposed to ignore the advice they were getting from JPMorgan investment experts, they have only themselves to blame for the losses.”

    Oliver Stone couldn’t write a more twisted script. And these jerks couldn’t get any more devious.

  46. I am also from Racine WI. Please look over my website to see what has been happening to us as we fight back against BOA and their predatory foreclosure mill.

    Thank you and best wishes to all of you.

  47. SEC Rule 10b-5, codified at 17 C.F.R. § 240.10b-5, is one of the most important rules promulgated by the U.S. Securities and Exchange Commission, pursuant to its authority granted under the Securities Exchange Act of 1934. The rule prohibits any act or omission resulting in fraud or deceit in connection with the purchase or sale of any security.

    The AAA securities were created using bad (but heavily insured) loans secured with fraudulent appraisals, misstatements as to borrower capacity, assets on hand, and bad underwriting practices. When those securities are sold with expressed representations and warranties as to quality, and then experience 40% failure rates in the first 24 months, leading to downgrades, subsequent writedowns and writeoffs, those investors who purchased them are bringing these lawsuits. ERISA claims are for putting public pension funds in jeopardy when these were promoted as “safe as cash”. Hope this helps.

  48. I hope they put every single last one of the pretender lenders and all those who helped them in jail. It’s nearly mind boggling the extent of the scam that has been played on the entire nation!
    They were too big to fail, but not too big to lie, cheat and steal the nation blind!
    They are the root cause of the current depression, the reason states and counties have to lay off workers and cut back services.
    They are behind the failure and bankruptcies of so many long time businesses and the loss of more jobs. The banksters have all our money, our jobs and our lives all screwed up!
    Not one of them should get away without serving time in jail, just like we would have to go if we committed the same crimes.
    These banksters make the gangsters of the 30’s look like pickpockets on an empty street.
    And the banksters laughed at us, tried to blame the meltdown on US for dealing with THEM!
    There is a God and he don’t like ugly!

  49. I believe the 10(b)5 is a suit based on the false representation of the assets contained in the security.

  50. Anyone!!
    please I have a case that I won against the bank .. by default two years later the bank is trying to come back and claim

    “Attorney Affidavit of Fault”

    under what circumstances or law will a ccp 473 b “attorney affidavit of fault” be denied by the court??? Please HELP!!! SOS !!!

  51. Thank you for all your research, love and support for your readers. I am a victim of Aurora Loan Services LLC and MERS and wrongful foreclosure. Aurora got millions in bailout money yet they told me they had opted out of all programs and I did not qualify fo anything. Is there ANY attorney in California who can help me? Is there any class action in CA against MERS?

  52. Under duress i signed a full release against my lender….I tried to fight them in a nonjudicial state, my TRO was beat, then we went to arbitration, they were about to win a decision due to the judge thinking i was nuts…this was in 2008, preforeclosure issues on the front page.

    Do any of you think that in light of signing under duress to avoid the arbitration judgment of $26,000, that would give me the right to null and void it and seek damages for wrongful foreclosure, which i had brought up before?

  53. Neil- i ahve been reading your blog since the start…I had a foreclosure on a rental property in October 2008…and if i only knew then what i knew now. The bank turned down purchase offers that would have paid my loan off in full, then nonjudicially foreclosed and beat my ProSe TRO…they sold the property for $50,000 less than i owed and $70,000 less than the pruchase offers i presented preforeclosure.

    Then they attempted to come after me for a deficiency. If i only knew what i know now from your website…I would not have a foreclosure on my credit report.

    Thanks Neil for helping us all! Fight on and Fight Hard.

  54. what is/are 10b-5 actions?

  55. Hello every one, have you realized how important your VOTE is this year, do not waste it, let us milk it as much as we can, both incompetent parties are looking for votes in all the wrong places. We could give them a few million overnight!

    Don’t you think, if only they would come and visit this blog and others that have spelled out how to fix this gigantic mess.

  56. Wrongful Foreclosure-

    I signed a settlement agreement that says i can not bring any action against anyone, do you think that since all this stuff is coming to the forefront and i signed the release under the duress that they were about to get a $26,000 arbitration judgment in our arbitration case…that would null and void the the release and i could sue for wrongful foreclosure?

  57. The door had to open for all of us. And at the end is actually very simple:

    I want a full accounting of all the moneys paid in and out of my account from its inception.

    after that we may negotiate how youe crooks from First Magnus Fianancial and now being handle by their Bankruptcy Trust, Meaning I most likely will not get anything. and those crooks from HSBC.

    Give me the whole enchilada.

    I do have proof of thier document fraud. I have proof of their forgeries and the fact that the notary settlement agent that came to our home to have us sign the documents, did change the info on the note and the deed of trust after the fact!!!

    I have proof that they replaced the whole set of loan applications and even changed my wife immigration status. from legal resident alien to US Citizen, in effect disqualifying her form applying for US Citizenship ever.

    These people need to go to jail.

    And the criminal element law firms that have been working for them should have all their personnel’s licenses revoked.

    Let us call our congress people and press them on, our state legislators and press them on, those living in non judicial states we need to apply even more pressure.

  58. this would be great on facebook or myspace.



  60. […] This post was mentioned on Twitter by Susan Carter, Social Apocalypse. Social Apocalypse said: YOU MAY BE ENTITLED TO CASH PAYMENT FOR WRONGFUL FORECLOSURE — Coming to a Billboard Near YOU […]

    What about us pro se litigants that have been banging their heads against the wall? I have been begging lawyers to take my cases. We all have been laughed at in court-undergoing such rudeness by judges, their clerks. I have had on one lawyer respond to me.
    I have good cases where banks have stolen from me. I am in Wis. Trying to start my own class action against Wells Fargo. I want to be first in line when Wells Fargo writes the checks. Now you says I should kiss some lawyer’s *ss that wants to take my case and learn from it? No contingencies for these lawyers I will scrape up my $500 a month for flat fees. P*ss on them.

    Stanley Putra
    Racine, Wi.

  62. Neil
    What about us pro se litigants that have been banging their heads against the wall? I have been begging lawyers to take my cases. We all have been laught at in court-undergoing such rudeness by judges , their clerks. I have had on one lawyer respond to me.
    I have good cases where banks have stolen from me. I am in Wis. Trying to start my own class action against Wells Fargo. I want to be first in line when Wells Fargo writes the checks. Now you says I should kiss some lawyers *ssthat want to take my case and learn from it? No contigencies for these lawyers I will scrape up my $500 a month for flat fees. P*ss on them.

    Stanley Putra
    Racine, Wi.

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