FORMS: MLS DEFENSE — ONEWEST SUCCESSOR TO FDIC-INDYMAC

Submitted by Brian Davies

ATTORNEY BRYL,
I HAVE READ YOUR OBJECTION TO MOTION FOR RELIEF FROM STAY. IT IS WELL DONE.
HERE IS MY OBJECTION TO ONEWEST THE SERVICER FOR THEIR MOTION WITHOUT POC MOTIONOTION FOR RELIEF FROM STAY BY ONEWEST. A PARTY NOT EVEN MENTIONED IN THE CHAPTER 7 FILING. HOWEVER, MOVANT ONEWEST COMES INTO THE COURT WITH 1) NO STANDING, 2) FALSIFIED AFFIDAVITS 3) DISCOLORED NOTES NOT COPIES OF THE ORIGINALS 4) SIGNED AFFIDAVITS BY BRIAN BARNHILL THAT ARE INACCURATE 5) DEED OF TRUST THAT IS FAULTY AND NOT PERFECTED 6) A SECOND ASSIGNMENT OF THE DEED OF TRUST WHICH TRIES TO CORRECT SECURITY INTEREST AND TITLE ISSUES.. DEBTOR ASKS FOR SANCTIONS. READ THE ENTIRETY AS IT IS LISTED AS UNSECURED DEBT, ONLY ORIGINATOR IS LISTED.

http://www.scribd.com/doc/39002836/ONEWEST-HAS-NO-STANDING-MOTION-FOR-RELIEF-FROM-STAY-WITH-OBJECTIONS

AND THEIR REDO MOTION IN WHICH THE ABOVE WAS DEFILED AS ABOVE AND THEN THE FIRST PAGE CHANGED TO [PUT “ONEWEST SERVICING AGENT FOR DEUTSCHE BANK”

http://www.scribd.com/doc/39002836/ONEWEST-HAS-NO-STANDING-MOTION-FOR-RELIEF-FROM-STAY-WITH-OBJECTIONS\

THIS IS ATTORNEY BRYL’S DOCUMENT REFERENCED. WELL DONE.

http://www.scribd.com/doc/32272622/Opposition-to-Motion-to-Lift-Stay-it-Won-and-is-Well-Written

COMMENTS WELCOME.
BRIAN

8 Responses

  1. http://4closurefraud.org/2010/11/14/worried-industry-organizations-request-delay-of-tila-respa-integration/

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    Worried Industry Organizations Request Delay of TILA-RESPA Integration

    Posted by Foreclosure Fraud on November 14, 2010 · 2 Comments
    Industry Organizations Request Delay of TILA-RESPA Integration

    The Mortgage Bankers Association, American Bankers Association, and six other trade groups representing the financial services sector sent a letter Wednesday to Obama Administration policy makers calling for a delay in considering improved disclosures for mortgage borrowers under the Truth in Lending Act (TILA) and Real Estate Settlement Procedures Act (RESPA).

    The letter, addressed to Treasury Secretary Tim Geithner, Housing and Urban Development Secretary Shaun Donovan, and Federal Reserve Chairman Ben Bernanke expresses concern that the government’s intention to combine two disclosures into a single integrated document may be one change too many for financial institutions to manage in the current environment.

    The writers applaud the actions of the Federal Reserve and HUD to improve disclosures to borrowers and states that integrating them into a single document will greatly increase transparency and consumer understanding of the mortgage transaction, but states that the government must realize that the initiative, which is currently being managed by Special Advisor to the President, Elizabeth Warren and Treasury staff, is coming “in the midst of a surfeit of proposed and final regulations that require fundamental changes to the mortgage finance business model and a generation of systems which support it.”

    Attached to the letter is a list of 28 rules affecting TILA, RESPA, loan officer compensation, the SAFE Act and other regulations that are in various stages ranging from proposal to comment to upcoming compliance deadlines. The associations state that these “have stretched thin the compliance capabilities of financial institutions. If these efforts are not coordinated, they state that the cumulative burden will “threaten the availability of housing finance options, and it will also be difficult for stakeholders to provide input to these changes.

    More on this here…

    MBA PRESS RELEASE
    MBA And Others Call For Coordinated Effort to Improve RESPA/TILA Disclosures for Borrowers

    The Mortgage Bankers Association (MBA), along with several other trade associations, sent a letter today to Treasury Secretary Geithner, HUD Secretary Donovan and Fed Chairman Bernanke calling for improved disclosures for mortgage borrowers under the Truth in Lending Act (TILA) and Real Estate Settlement Procedures Act (RESPA).

    The letter explains that if TILA and RESPA disclosures were harmonized and made simpler, consumers would be better equipped to navigate the market, understand their mortgage and settlement costs, and shop intelligently to meet their home financing needs. Therefore, the letter urges regulators to work with Elizabeth Warren and the new CFPB Director, to develop a comprehensive plan for disclosure reform that includes an agenda and timetable to propose, finalize and implement all mortgage disclosure revisions by the Board, Bureau and other agencies in an orderly manner.

    Gotta love the way they spin it… “Improve RESPA/TILA Disclosures for Borrowers.”

    Yea, for borrowers, right…

    Full letter below…

    ~

  2. My thanks to all of you. Brian, I have a friend with a similar case (Indymac & One West) and alot of fraudulent documents if you need any for supporting evidence. My own case Chapter 13, I opposed BAC motion for Relief and after the judge gave them 4 chances to bring in something to show that they were the proper party to do this, they brought in a note with an endorsement (it was altered). He did not accept this and they ended up withdrawing their motion. Now I am opposing their POC. It is scary though, I read day and night, its the court procedures that I have the least knowledge of.
    Deborah- My case is in Nv. but I could sure use an Attorney in AZ.
    My E-mail is fightingfraud@live.com

  3. Thankyou Brian and anon your posts are a great help the way forward is in numbers we must all help each other. I am
    Proud to say after 2 duds I found myself a top of the tree attorney who works terribly hard is dedicated to what is right honorable and just I had nterviewed a lot of attorneys here in Arizona and they were disappointing telling me I needed a loan mod!
    I was wrongfully foreclosed upon by foreclosure mill trustee Corp California in the name of indymac which switched to onewest I beat them in bk court and stay stayed put I voluntarily had that dismissed so I could take my case through federal court did the bk for protection whilst I found a competent attorney it was the only way to stop the sale of my home and yeh you guessed it as soon as I was not protected they sold my home to hsbc ” for cash” this turned out to be a credit bid I found the trust purported trust deutsche depositor wells Fargo master servicer guess indymac was subservicer and hsbc trustee this info was diliberately hidden from me ago Not to mention it’s impossible for a lay person to get the info I eventually got. So Brian davies if you can shed any light further it would be much appreciated we are looking at a massive motion to dismiss

  4. b davies

    Great post on Bank of America.

    The banks cannot write off the loans – that were converted into securities backed by the loans (by accounting) – until all the derivative contracts – backed by securities that backed the loans – are cleared.

    Bank of America, and others, must honor their own derivative contracts – which turn your property over to the derivative contract holders. Government supports this – and government begged Congress for bail-out to give the banks time and money – to foreclose upon you – so that Bank of America, and others, can honor their derivative contracts – that turn your property over to the derivative contract holders..

    All of this based on origination fraud by Wall Street. All to make on buck on the one asset middle America had left after Congress traded away everything else – your home.

  5. Brian would you consider helping me and my atty I can possibly help you too we are fighting the same parties dloeb@scottslaw.com if you ate interested state my name Deborah wynn.

  6. Wonder if I could get some crowdsourcing love by people in the know.

    I was able to track down the Trust my mortgage was in! A Wells rep gave me the details after I badgered the shit out of them with an OCC complaint. After the complaint, they gave me a number for an “executive mortgage specialist, office of the President”. Anyone trying to track a WF trust, try this: 1 800 853 8516…dial 0 for operator to get a human and badger away…

    Anyway, I found the pooling and servicing doc from SECInfo. I’m looking for proof they didn’t properly assign my note to the trust. Here are the relevant paragraphs re: transfer into the trust per the PSA

    (i) The original Mortgage Note either (A) endorsed in blank or (B)
    endorsed as provided in Section 2.01(d), with all prior and intervening
    endorsements as may be necessary to show a complete chain of endorsements
    or with respect to any Mortgage Loan as to which the original Mortgage
    Note has been permanently lost or destroyed and has not been replaced, a
    lost note affidavit with a copy of the Mortgage Note and, in the case of
    any Mortgage Loan originated in the State of New York documented by a
    NYCEMA, the NYCEMA, the new Mortgage Note, if applicable, the consolidated
    Mortgage Note and the consolidated Mortgage;

    ———

    Documentation req:

    (d) Except for Mortgage Notes endorsed in blank, endorsements shall
    comply with the following format:

    WITHOUT RECOURSE
    PAY TO THE ORDER OF:
    WACHOVIA BANK, NATIONAL ASSOCIATION, AS
    TRUSTEE under the pooling and servicing
    agreement dated as of [date].
    and its successors and assigns,

    [Wells Fargo Bank, N.A.] or [Wells Fargo Home Mortgage, Inc.]
    [Signature of Officer]
    [Officer’s Name and Title]

    Except where assignments in blank are authorized or in the case of
    any Mortgage registered in the name of MERS, assignments of any Mortgage shall
    comply with the following:

    WACHOVIA BANK, NATIONAL ASSOCIATION, AS
    TRUSTEE
    and its successors and assigns

    ——

    Now, my copy of the mortgage note has only my signature on it.

    The copy Wells Fargo sent at my request is DIFFERENT from the copy I got at closing–there is a signature (not notarized) by a ‘shipping manager’ from the originator of the loan (M & T MORTAGAGE) along with the statement

    WITHOUT RECOURSE BY TO THE ORDER OF WELLS FARGO BANK N.A.
    M & T MORTGAGE CORP.

    Funnily enough, this signature is on a line for BORROWER, no notary, nothing.

    Now, it appears that the note has NOT been modified in anyway to reflect its inclusion in the trust, as per the PSA above.

    Would appreciate anybody’s thoughts on filing pro se Quiet Title from here.

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