NO PARDON! BANKS FAIL IN GETTING CONGRESSIONAL RELIEF — OTHER OPTIONS PURSUED

COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary

LIVINGLIES-GARFIELD CONTINUUM BLOG

Editor’s Note revised. The lesson of the election of 2010 is clear. Those in power at the time of financial chaos and bad times pay in two ways: they get blamed for the mess whether they created it or not and if they manage to stay in office they will get blamed again if they don’t fix it. The once perceived third rail of foreclosure politics is now changing. People are a lot more interested in seeing their family members employed than they are about whether somebody gets a “free house” or some relief from a deal which is now obviously defective. We are now more concerned with our future than the past and who or how to blame.

We want it fixed. If that means letting the megabanks go down, we don’t care. We know that the correction of obligations created during the great mortgage meltdown to real values from the imaginary ones used at closing will create a far larger jolt for our economy than any current plan on the table. We also know that it is the right thing to do. The only question that remains is whether anyone in power will have the courage to step out and say it.

Editor’s Note: Thanks to this blog and others readers are keeping a watchful eye on Congress. Congratulations! Your work paid off. Members of Congress are getting increasing scared about passing anything supporting the banks — particularly when it absolves the banks of outrageous misconduct that is now well known. The options are getting increasingly limited by the day for the pretender lenders.

They can try to buy their way out with pennies on the dollar settlements with an attorney general of one or more states, but those AG’s are political too. They know that not only are they at personal risk if they are seen as soft on banks, but the ultimate economic future of the state may well depend upon the money extracted back out of Wall Street for fraud, tax evasion and evasion of local fees, fines and penalties and registration requirements. AG’s are frequently ambitious to become Governor.

They don’t want to inherit a financial mess that cannot be fixed. The realization that there are legitimate provable claims not unlike the tobacco litigation that will ease the burden on the states whose wealth was siphoned out by fraud and deception not only gives the state a fighting chance to recover, but also give the AG a powerful political weapon for his or her higher ambitions.

The lesson of the election of 2010 is clear. Those in power at the time of financial chaos and bad times pay in two ways: they get blamed for the mess whether they created it or not and if they manage to stay in office they will get blamed again if they don’t fix it. The once perceived third rail of foreclosure politics is now changing. People are a lot more interested in seeing their family members employed than they are about whether somebody gets a “free house” or some relief from a deal which is now obviously defective. We are now more concerned with our future than the past and who or how to blame.

We want it fixed. If that means letting the megabanks go down, we don’t care. We know that the correction of obligations created during the great mortgage meltdown to real values from the imaginary ones used at closing will create a larger jolt to the economy than any plan on the table. We also know that it is the right thing to do. The only question that remains is whether anyone in power will have the courage to step out and say it.

LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL

BY JOSE SEMIDEY

Thank you always!

we proved today that if we act coherently, we can overcome the odds that were against us.

We need to to the same on the local level. I went to the Loudoun County Court House last week and went to the land records office to do a title search on my house and ten of my neighbors who are planning to file their actions to quiet their title, (their homes are in excess of $1,000,000 each, by the way and the got it as soon as I explained the issues some weeks ago, I told the to do their own research, gave them a few websites to look for that info, Livinglies included, of course). I asked the clerk on duty if all the assignments of any note and mortgage needed to be on the public records and the poor clerk told me he had no idea and did not know the statutes relating to that issue. I also asked him if it was appropriate for our land records office to outsource without payment the recording or lack thereof of the assignments to an obscure computer software or database and have those records vulnerable to electronic fraud, manipulation and all done away from the direct supervision of the Loudoun County Court house, our land records office and the County Government, he responded saying he had no idea that was going on, so I mentioned if he had been recording mortgages in the name of an entity by the name of MERS and he said that he had done so, but he did not know who they were.

I told him that our county is losing money and that the fees were being evaded by the use of this entity and explained what that entity is all about. He was surprised and upset, I offered to do some free training, he asked me to send a formal letter offering the free info to the land records office which I will send by the end of this week.

I mention this because after our efforts these last two days calling, writing, visiting our congress and senate representatives, we must realize that together we can make a real difference. When we get together the other side trembles, that is why they are trying to do every thing under the sun to keep our voices from being heard.\

We must not stop raising our voices, let us push our state AG’s to do what is right and not settle with the crooks. we need them to do their jobs and to lay the ground work for ur to fight our fights. We need to write to the chief judges in all our states and let them know we are watching their every move and decision, that we are looking for the rule of law to return to America.

we need to start moving in the direction of our local legislatures, state legislatures, city and county councils. we need to make them aware and to educate them as to what has really been happening.

How about taping our phone calls to the servicers and give copies to our AG;s so they see how we are being treated by those debt collectors?, just make sure you comply with your state laws. What is good for the goose is good for the gander!!

WE ALL CAN MAKE A DIFFERENCE!!

WE ARE THE REAL CHANGE!

MAKE SURE YOU KEEP CALLING YOUR REPUBLICAN REPRESENTATIVES AND START CALLING TO THEIR ATTENTION THAT WE ARE GOING TO TRACK THEIR VOTES AND THEIR RECORD AND THAT WE WILL NOT FORGET WHAT HAPPENED TODAY WITH h.r.3808.

35 Responses

  1. David,

    I had a delay in getting Clouded Title download but Dave Krieger personally emailed me twice to make sure I got it. The book is an excellent read . He will make it right.

  2. Washington DC creates “quasi-judicial” foreclosure process

    Washington DC creates “quasi-judicial” foreclosure process
    by JACOB GAFFNEY

    Thursday, November 18th, 2010, 5:23 pm

    Washington D.C. mayor Adrian Fenty ratified a provision this week with the aim of bringing a more judicial-type framework to the nonjudicial foreclosure system in the nation’s capital. However, enforcement of the mandate is likely to add confusion to the federal district’s mortgage industry.
    “Foreclosures currently do not go through the courts, and some were as quick as 30 days,” explained one legislator who drafted the mandate. “That leaves families little time to get their act together. We needed a quasi-judicial foreclosure process that gives homeowners a right to mediation.”
    The Council of the District of Columbia approved the Saving DC Homes from Foreclosure provision late last week. It requires lenders to engage in a four-month mediation period with delinquent borrowers to discuss payment options before foreclosure. If a foreclosure notice is filed by a mortgage servicer without documents that show loss-mitigation options were offered prior to the foreclosure, the new act can declare the subsequent sale of that property null and void.
    Under district law, a lender must also send two separate notices to a borrower informing them of their right to a mediation period. A lender is required to offer mediation, but borrower may opt out. The meetings are held in person.
    Lenders must also send a copy of every default notice to the D.C. Department of Insurance, Securities and Banking, which will keep track of the case and possibly request additional information from a lender.
    The legislator said the provision was created before recent foreclosure problems surfaced in the industry. “It was forward-looking legislation,” he said.
    But it may have unintended consequences. “Title companies have stopped underwriting foreclosures, so there are currently no foreclosures in the district right now,” said one source.
    Indeed, Fidelity National Title Group sent an email from their D.C. counselors clarifiying its position. “Any foreclosure sale … will be void if the requirements of the act have not been complied with,” reads a copy provided to HousingWire. “No foreclosure sale of residential property subsequent to such enactment will be insurable by any of the companies under the Fidelity National Title Group umbrella without the express approval of your local underwriting counsel.”
    Jeffrey Fisher of The Fisher Law Group, a law firm that operates to protect foreclosure trustees, said he is not sure what the law will do exactly but has been told to expect more guidance on this from the Department of Insurance, Securities and Banking next week.
    For Fisher, his frustration at the act continues to grow and may even impact future sales. “It seems incredible that this emergency law passed without participation from stakeholders,” he said.
    “It’s very shortsighted to think that imposing an emergency moratorium until there are regulations and adding the associated costs and burdens of the law will not impact credit availability in the District,” he adds. “It seems that no one understands how mortgage finance works.”
    Write to Jacob Gaffney.

  3. @david,
    Please email me, I think you have my email, but I know Dave, have his email, have his phone number, I will make it right for you. Dave is a GOOD GUY!!!!! And he is not screwing you, perhaps a glich, but never a screw….and you need this info.

    pooleykaren at yahoo dot com

  4. David,

    I did encounter a very brief delay in getting the eBook. I purchased it and did not get any download or email. I checked the ‘contact us’ section on the website, as I recall, and then I either called or emailed. I got the book emailed to me within the hour.

    The guy is legit. Websites can have ‘hiccups’. I think I used an eCheck via PayPal. That can have a delayed delivery.

  5. yes it does have applicabiility to every state–email me and I can give you my pleadings on file in Mo. and if you can’t get in touch with dave through cloudedtitles.com contact me at gwencaranchini@sbcglobal.net

  6. “I HOPE THAT THIS INFORMATION HELPFUL FOR THOSE WHO WANT TO FIGHT.”

    Keep up the fight dude, your paving the way in CA. The fraud has got to stop.

    Gwen, does Dave’s book have any applicable use for CA?

  7. Hi Brian Davies, Yes, thank you for all your help.

  8. Has anyone ordered Dave Krieger’s book Clouded Titles and had trouble getting it?

    I have emailed 5 times about it without an answer.

  9. I misspelled my email–its ialian! gwencaranchini@sbcglobal.net
    ciao and have a great turkey week

  10. I am not a licensed attorney although I did practice for 30 years. I got involved in this because I got sick and tired of BOA/BAC screwing me around. As I have told people, I will send you my own quiet title action, lis pendens (which keeps you from foreclosure until the quiet title and declaratory action is decided) and my common law claims against the trustee, servicer, MERS, and pretender lenders. Just email me at gwencaanchini@sbcglobal.net.
    I did have a day job (sorta) selling real estate but I will get back to you same day folks. Dave Krieger was my inspiration and dave and I “mind f__k” every day as he has a brilliant legal mind even withouta law degree. I have a dozen other folks tha are on a private email list from lawyers to law professors to security analysts to forensic examners of recorded docs that I also email daily. I’ve spent 1500 hrs or more this year investigating this. My former practice was civil rights/whistleblowing for the little guy so I have a ton of practice in fed/state courts and admin agencies for gov employees–it gives me the practioner’s perspective. That’s about what I can do for you though without the BAR coming after me for unauthorized practice, but if that helps, I will help you

  11. Hah! I just saw your sample letter on page 200 of the book, Gwen. Nice!

  12. I bought book and have read it through once fully. I need to keep going over it more. I am less than 30 days to my trustee sale. Gwen would you be willing to email me? I would love your input on quiet title actions. I need to act pretty fast. Thanks! Intelligentmedia at gmail dot com

  13. I’ve managed to stop the daily calls from B of A, the ones that started every morning at 8:01 AM, or ended at 8:59 pm.

    Please call Bank of America Home loans immed…..!”

    All I did was stress to the last person that I talked with was that I needed for them to fill out a suspicious activity report, or a SAR. I’d ask you all to do the same. It’s not only your right, but a duty in these times. Anything to keep them working overtime to conceal the fraud the better. Here’s the wikipedia explanation:

    The purpose of the Suspicious Activity Report is to report known or suspected violations of law or suspicious activity observed by financial institutions subject to the regulations of the Bank Secrecy Act (BSA). In many instances, SARs have been instrumental in enabling law enforcement to initiate or supplement major money laundering or terrorist financing investigations and other criminal cases.[citation needed] Information provided in SAR forms also presents FinCEN with a method of identifying emerging trends and patterns associated with financial crimes. The information about those trends and patterns is vital to law enforcement agencies and provides valuable feedback to financial institutions.[

    I’d say it would be a good thing for us all to alert law enforcement agencies about the fraudulent practices going on underneath their very noses. More from pedia:

    FinCEN requires a SAR report to be filed by a financial institution when the financial institution suspects: insider abuse by an employee; violations of law aggregating over $5,000 where a subject can be identified; violations of law aggregating over $25,000 regardless of a potential subject; transactions aggregating $5,000 or more that involve potential money laundering or violations of the Bank Secrecy Act; computer intrusion; or when a financial institution knows that a customer is operating as an unlicensed money services business.

    I would venture a guess that most of us, maybe even many millions of us could be the underlying proof of SARS actions. Bury the bastards in their own rules and regs. Bringing down these TBTF bohemoths is our duty. Call your banker today and report your own SARS violation. And don’t forget to spread the word that the entire planet needs to withdraw their funds from the mega banks on 12/07/2010. It’s a good thing. And there’s something fitting about it being Pearl Harbor day. ATTACK! That mantra comes from the code-words that were used by the Japanese to indicate that complete surprise was achieved and is translated in the Japanese as “虎” or “tiger”, hence making the code for achieved surprise “Tiger, tiger, tiger”. Let’s do some tiger clawback.

  14. This is Government Created and it must be fixed by the Government. Our Job is to make sure the Government local fed state does its job.

    NEVER AGAIN

  15. Vive Le France! Vive Le France!

    ERIC CANTONA “KILL THE BANKS” (A MUST SEE)!

    Oui!

  16. Yep, Barry just changed from Repub to Dem, didn’t you Barry?

  17. ONEWEST BANK FSB AND ONEWEST BANK FSB AS SERVICING AGENT FOR DEUTSCHE BANK DENIED MOTION FOR RELIEF FROM STAY.

    MOTION DENIED.;

    Brian Davies was in a California Superior Court for a wrongful foreclosure action and fraud. Between his Second and Third Amended Complaint NDEX WEST filed to sell his house.

    The State Judge in Riverside California Superior Court Randall White denied an Ex Parte TRO due to it not being an emergency.

    Three rounds of discovery did not produce any loan level files from NDEX, ONEWEST, MERS, UNIVERSAL AMERICAN MORTGAGE, LENNAR, THE APPRAISER JAMES J SCARCELLA, AND DEUTSCHE BANK AS TRUSTEE.

    Brian had to file a bankruptcy complaint to save his home and prevent the sale. Onewest as movant filed a motion for relief from stay. Brian Objected and filed copies of such to the Office of the Comptroller of the Currency. (the OCC let Onewest answer his complaint against Deutsche Bank {wolf watching the hen house]).

    THE OBJECTION TO ONEWEST THE SERVICER FOR THEIR MOTION 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 LISTED.

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

    Onewest Bank again filed for another motion for relief using the same documents except listing movant as Onewest Bank servicing agent for Deutsche Bank.

    Brian filed another objection:

    http://www.scribd.com/doc/41941285/DEBTOT-OBJECTIONS-TO-MOVANT-ONEWEST-MOTION-FOR-RELIEF-FROM-AUTOMATIC-STAY-Objection-Final-11-04-10-OBJECTION-TO-ONEWEST-MOTION-FOR-RELIEF-REDO-MOTION

    Today November 18, 2010 at the hearing Honorable Judge Thomas Donovan of Los Angeles denied the motion for relief.
    Onewest Bank FSB and Onewest Bank FSB as servicing agent for Deutsche Bank both motions for relief from stay DENIED.
    Order to follow:

    NDEX WEST AS COLLECTING AGENT AND ATTORNEY FAT BOY ED TREDER AND MASUMI PATEL REPRESENTING ALL PARTIES BLOCKED ALL DISCOVERY ATTEMPTS

    NDEX LETTERS TO PLAINTIFF–ALL–Letters Patel All 06-24-10

    UNIVERSAL AMERICAN MORTGAGE LENNAR’S SUBSIDIARY WAS ORIGINATOR, BUILDER PREFERRED LENDERS, TRUSTEE OF THE DEED OF TRUST, SERVICING AGENT AND THE MONOPOLY LIST GOES ON AND ON.

    DISCOVERY SET 1 UNIVERSAL AMERICAN MORTGAGE COMPANY OF CALIFORNIA—Uamcc Set Discovery

    DISCOVERY SET 2 ORIGINATOR —-Universal American Discovery Part 2–LENNAR LENDER SUBSIDIARY

    ORIGINATOR DOCUMENTS ALL—Universal American Docs Full Set

    SUPONEAS DEUTSCHE BANK FOR RECORDS IN THE BANKRUPTCY HEARING

    http://www.scribd.com/doc/43063279/THIRD-PARTY-SUPONEA-IN-FEDERAL-BANKRUPTCY-COURT-Deutsche-Bank-Suponea

    DEUTSCHE BANK RESPONSE TO SUPONEA

    Deutsche Banks Objection to Third Party Suponea on Deutsche Bank National Trust Company as Trustee–letter From Megan 11-11-2010

    MERS SUPONEAS

    http://www.scribd.com/doc/43063054/THIRD-PARTY-SUPONEA-IN-THE-BANKRUCTCY-COURT-MERS-MORTGAGE-ELECTRONIC-REGISTRATION-SYSTEMS-INC-suponea-mers

    DEUTSCHE BANKS ANSWERS TO FORM INTERROGATORIES WITH ADMISSIONS (SECTION 17)

    Deutsche Banks Response to Request for Admissions Set 3 Rfa(3)-07!21!10-(Form Int)

    RENALDO REYES ANSWER TO INTERROGATORIES

    FORM INTERROGATORIES ANSWER DEUTSCHE BANK NATIONAL TRUST COMPANY- Dbntc 07-21-10 Redondo Reyes

    ONEWEST ANSWERS TO FORM INTERROGATORIES AND ADMISSIONS

    INDYMAC OR ONEWEST RESPONSE TO FORM INTERROGATORIES AND ADMISSIONS SET 3Indymac Form Int Ad(3)

    Below is the stone walling in the State Court discovery.

    DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PRODUCTION REQUEST SET 3

    DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE REQUEST FOR PRODUCTION OF DOCUMENTS SET 2

    DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PRODUCTION OF THE DOCUMENTS set 1

    I HOPE THAT THIS INFORMATION HELPFUL FOR THOSE WHO WANT TO FIGHT.

    BRIAN DAVIES

  18. Brian Davies was in a California Superior Court for a wrongful foreclosure action and fraud. Between his Second and Third Amended Complaint NDEX WEST filed to sell his house.
    The State Judge denied an Ex Parte TRO due to it not being an emergency. Three rounds of discovery did not produce any loan level files.

    Brian had to file a bankruptcy complaint to save his home. Onewest as movant filed a motion for relief from stay. Brian Objected and filed copies to the Office of the comptroller of the currency.

    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

    Onewest Bank again filed for another motion for relief using the same documents except listing movant as Onewest Bank servicing agent for Deutsche Bank. Brian filed another objection http://www.scribd.com/doc/41941285/DEBTOT-OBJECTIONS-TO-MOVANT-ONEWEST-MOTION-FOR-RELIEF-FROM-AUTOMATIC-STAY-Objection-Final-11-04-10-OBJECTION-TO-ONEWEST-MOTION-FOR-RELIEF-REDO-MOTION

    Today at the hearing in front of Honorable Judge Thomas Donovan of Los Angeles denied the motion for relief. Onewest Bank FSB and Onewest Bank FSB as servicing agent for Deutsche Bank both motions for relief from stay DENIED. Order to follow:

    Discovery request to Deutsche Bank—

    NDEX LETTERS TO PLAINTIFF–ALL–Letters Patel All 06-24-10
    Love letters from the collection agent

    UNIVERSAL AMERICAN MORTGAGE DISCOVERY SETS 1 AND 2——-AND ORIGINATION DOCUMENTS FULL

    DISCOVERY SET 1 UNIVERSAL AMERICAN MORTGAGE COMPANY OF CALIFORNIA—Uamcc Set Discovery

    DISCOVERY SET 2 ORIGINATOR —-Universal American Discovery Part 2–LENNAR LENDER SUBSIDIARY

    ORIGINATOR DOCUMENTS ALL—Universal American Docs Full Set

    SUPONEAS DEUTSCHE BANK

    http://www.scribd.com/doc/43063279/THIRD-PARTY-SUPONEA-IN-FEDERAL-BANKRUPTCY-COURT-Deutsche-Bank-Suponea

    DEUTSCHE BANK RESPONSE TO SUPONEA

    Deutsche Banks Objection to Third Party Suponea on Deutsche Bank National Trust Company as Trustee–letter From Megan 11-11-2010

    MERS SUPONEAS

    http://www.scribd.com/doc/43063054/THIRD-PARTY-SUPONEA-IN-THE-BANKRUCTCY-COURT-MERS-MORTGAGE-ELECTRONIC-REGISTRATION-SYSTEMS-INC-suponea-mers

    DO IT DONE IT BY JAMES MCGUIRE—FANNIE MAE

    Do-Did Fannie Mae–FANNIE MAE TRANSFER OF NOTES SCHEME

    DEUTSCHE BANKS ANSWERS TO FORM INTERROGATORIES WITH ADMISSIONS (SECTION 17)

    Deutsche Banks Response to Request for Admissions Set 3 Rfa(3)-07!21!10-(Form Int)

    RENALDO REYES ANSWER TO INTERROGATORIES

    FORM INTERROGATORIES ANSWER DEUTSCHE BANK NATIONAL TRUST COMPANY- Dbntc 07-21-10 Redondo Reyes

    ONEWEST ANSWERS TO FORM INTERROGATORIES AND ADMISSIONS

    INDYMAC OR ONEWEST RESPONSE TO FORM INTERROGATORIES AND ADMISSIONS SET 3Indymac Form Int Ad(3)

    Below is the stone walling in the State Court discovery.

    DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PRODUCTION REQUEST SET 3

    DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE REQUEST FOR PRODUCTION OF DOCUMENTS SET 2

    DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE PRODUCTION OF THE DOCUMENTS set 1

    I HOPE THAT THIS INFORMATION HELPFUL FOR THOSE WHO WANT TO FIGHT.

    BRIAN DAVIES

  19. WORD!

  20. b davies,
    First, let me say you’ve been a REAL GREAT SOLDEIR dedicated in all this and have done a WONDERFUL JOB. But, the problems for which you state is proof of the truth for what I’ve been saying and said the same when the Consumer Protection Financial Agency was born, none of these agencies were ever created by us therefor have no real constitutionally legal power or authority at all. Their all just there to give a false sense of security making the People more dependent on useless government employees leeching off of us, when WE should be able to obtain redress in court and get rid of judges by any means necessary as quickly as possible when they refuse to do their job.

    Diana,
    More details, what state are you in, are you still in the house, eviction pending etc.. . Oh and do a search in the upper right corner search box for “Quiet Title” . That should help, I hope evreything’s okay.

  21. I got one in Florida and I thinnk he is doing a very good job seeing throught the nonsense.

  22. PLEASE ADD ME TO YOUR EMAIL LIST.

  23. PLEASE ADD ME TO YOUR EMAIL LIST.

  24. I hope I will not get a retired Judge :

    http://www.rollingstone.com/politics/news/17390/232611?RS_show_page=0

  25. I would like to file a quiet title on my home which was illegally foreclosed on. PLEASE LET ME KNOW WHAT TO DO IT. Thanks Diana

  26. The AGs should demand moratoriums. Especially in non judicial states where the banksters are plowing us down.

  27. The governors must issue Executive Orders for immediate fraud-research moratoriums…. and we must lobby for it, now.

    It will NOT happen at the federal level.

    The feds ‘bought’ all the MBS and are going to continue to cover-up the: foreclosure mills’ frauds, the servicers’ lack of ownership, and the nullity of the decoupling.

  28. Will MERS exam be a whitewash?

    http://www.nakedcapitalism.com/2010/11/will-mers-exam-be-a-whitewash.html

    Kind of like the weasel guarding the hen house?

  29. Thanks Gwen, for the info about Dave Krieger at Cloudedtitles.com. I will check that out.

  30. b davies

    You are exactly right – including –

    THE OCC ALLOWS THE SERVICER TO ANSWER THE COMPLAINT.

  31. I too lodged a complaint with the OCC. I got a lame-o reply from the OCC. Six months later I got a “yes we got your complaint but we can’t talk to you about it right now” from (supposedly) the office of the CEO of Bank of America; of course, Moynihan’s signature isn’t on it. I think the letter was fabricated by Plaintiff’s law firm. I’ll scan and post it on scribed so that everyone can see it.

    I had also filed complaints with the CA AG and with Bank of America itself, which I addressed to the Law Dept. Again, lame-o reply from the AG. Bank of America didn’t even acknowledge that they ever got the complaint, much less answer it.

    BTW, I never hear any news about how nonjudicial foreclosure states like CA are dealing with the robofraud issues. There are fewer docs — NOD, NOS, Assignment/Substitution and the Trustee’s Deed Upon Sale.

    If anyone is out there from California or Arizona who is fighting eviction at the UD stage and dealing with the robo issues — robo sigs, robo notary fraud, please contact me at cbekker@bccp-llc.com.

  32. You all need to thank a guy by the name of DAVE KRIEGER at Cloudedtitles.com for the quiet title action theory which he has been pushing for years before anyone else, including Neil Garfield I might add. Dave’s book is fabulous and anyone doing a quiet title action needs to buy it and read it. Also, keep in mind if you do quiet title you will need to add a declaratory judgment action to it regarding note issues such as “who does own my note if anyone”, and “what value does the note have, if anything–ask for a tracing per the Patriot Act”. Is my note separated frm my mortgage or deed of trust making it a nullity and uncollectable. These are just part of the issues. Find William Roper who is a professor of law in Pennsylvania and also Peterson a Professor of Law in Utah to address some of these issues. Yea, I did a quiet title action and declaratory judgment and am proceeding and I also threw in some state causes of actions. Whatever you do, do not throw in or attach federal causes of action under TILA or RESPA because it will make the state claim removable andyou don’t want that. You can do a fraud action and be sure that you name everyone in that quiet title including the trustee that should be a state trustee so they can’t remove it on divversity grounds.

  33. here is the website to show who voted for it and who voted against it…

    http://www.govtrack.us/congress/vote.xpd?vote=h2010-573

    If your rep voted for HR 3808, please advise them that you will not backing them next time around!!

  34. PERSONALLY I HAVE CALLED AND COMPLAINED TO THE OCC OVER 6 MONTHS, I HAVE FILED THESE ON SCRIBD.COM. THE OCC ALLOWS THE SERVICER TO ANSWER THE COMPLAINT. THE SERVICER JUST SENDS A LETTER ASKING FOR MONEY TO PRODUCE COPIES OF DOCUMENTS. THE OCC IS HORRIBLE AND HAVE ADDED TO THE PROBLEM WHEN THEY COULD HAVE TAKEN THE LEAD. THEY SHOULD BE REGULATED BY CONSUMER PROTECTIONS AGENCY. THEY ARE HIDING AND FALLING DOWN ON ACCOUNTABILITY.

    http://www.scribd.com/doc/43153569/MERS-INVESTIGATION-BY-THE-OCC-OFFICE-OF-THE-COMPTROLLER-OF-THE-CURRENCY

    The OCC’s Walsh also said the agency is participating in a separate Federal Reserve-led investigation at Lender Processing Services (LPS: 31.72 +0.51%), regarding document processes that major banking clients ask the firm to provide. LPS is a major provider of technology and services to lenders and servicers nationwide.
    LPS officials said in October that the company has not executed affidavits containing substantive borrower information on behalf of its lender/servicer clients since September 2008, and that during the time it did perform these services the firm had “processes in place to ensure the information in the affidavits was validated and that the affidavits were signed properly,” according to a statement.
    “We expect to have most of our on-site examination work completed by mid to late December. We then plan to aggregate and analyze the data and information from each of these examinations to determine whether or what additional supervisory and regulatory actions may be needed,” Walsh said, noting that he expects analysis to be available by the end of January

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