Marlow of Cameron Baxter Films Searching for Outrage: Me Too

Dear Editor:

Is anyone paying attention? Is anyone outraged? If not, go see “Inside Job” at the Wheeler this week. Hats off to the Filmfest Academy Screening committee/Wheeler Film Society for presenting this Wall Street-damning documentary, as well as “The Company Men.” Both films show that it was not those “pesky homeowners who bought houses they couldn’t afford” that threw this country and the world into the greatest financial crisis since the Great Depression. It was Wall Street and the mega-banks, in the crime of the millennium.

Foreclosures in Garfield and Pitkin counties have broken all records two years in a row. Attorneys general throughout the country are conducting investigations into big bank mortgage fraud. More than 5 million homes have been seized so far by banks that, in fact, lack legal standing to foreclose, and another 5 million homes will likely be seized. What is happening to all those families? Do you really want to know? It’s a nightmare.

Aspen has long been a leader in instigating change that reverberates throughout the country and the world. Remember the fur ban? The smoking ban? What about justice, truth, freedom? Now is the time for Aspenites to stand up once more and be counted when it really matters.

There has been a coup in this country — an insidious takeover facilitated by our belief in bottom-line profit as the only mechanism to prosperity. This Industrial Age mindset has been robbing our children of their spirits for centuries — creating educational systems that provide the workplace with the “survival of the fittest” mentality needed to operate a competitive economic system.

This entire system is collapsing — look around you — ask those smiling folks behind you at the grocery store what is really going on in their lives. We are like chickens with our heads cut off, running around as though everything is OK. Well, everything is not OK, and the chicken eventually figures out it’s missing its head and drops.

What’s been missing is the heart, and systems with no heart can’t survive. The human spirit will prevail. The “Aspen Idea” is about celebrating, enhancing and integrating mind, body and spirit. There’s a new American Dream waiting — one of cooperation, caring, nurturance, trust. Aspen can/will lead the way. It’s our job, our response-ability.

Go see “Inside Job.” Director Charles Ferguson closes the film with a call to action: “Some things are worth fighting for,” he says, as the camera flies over the Statue of Liberty. Are we going to let our fear rob humanity of the great promise America made in its freedom documents — a Nation of the People, By the People and For the People, with liberty and justice for all? I don’t think so!

Aspen, stand up and do something! Use the power of intelligence, education, wealth and spirit gifted you to ensure that our children and their children have an economic system and a country that serves the realization of the human potential.

Connie Baxter Marlow

Woody Creek

23 Responses

  1. Thanks Concerned.

    Yes, I am considering quiet title. And I do know BK filing is another option.

    I am highly considering quiet title and going on the cause side as opposed to being the effect of the servicer. I thought I would wait for the servicer response to QWR, but maybe I shouldn’t wait.

    I have gone to the county recorders to check recordings. There are only two recordings on the books since we refinanced in Dec 2007. One recoding is “Substitution of Trustee”, another recording made right after that one is “Full Reconveyance”. And that is it. Whoever now really owns the new loan from that Dec 2009 refinance is not recorded. I believe our loan broker went out of business shortly thereafter.

    The problem we have also is our Heloc, which went into default, and BofA sent us a letter saying it has been charged off, pay in full now or make arrangements or we may find it necessary to place your account with an attorney or a collection agency. BofA did record the Heloc documents in the Country Recorders office.

  2. cubed2k,

    Instead of trying for some other house ‘someday’, you may have more options to get a deal worked on the house you have now.

    If there has not been any ‘rush’ by the bank or ‘servicer’ to foreclose, you should quickly investigate whether you should make the preemptive move of filing for ‘quiet title’. If you have a case for doing so, you will want to do this BEFORE the foreclosure is started.

    If you miss the timing to do that, then usage of chapter 13 could also be used to attack the standing. That new servicer would likely try to file the proof of claim if they start a foreclosure and you meet them with a BK filing. The problem: the servicer has NO STANDING. They would not be able to act for the actual ‘lender’.

    Was the ‘lender’ who was identified on your mortgage the actual lender? Have you looked at the assignments of your Deed with the County Recorder?

    Looks like you may have been reading but I don’t see it reflected in your plan of action.

    You have not stated whether you have obtained any information about you loan. Given the common practices that have led to the loans being no more than an unsecured debt, it is really more to you benefit to get the facts on your current mortgage and attack it in one of the two methods I have listed.

    Your current ‘plan’ does not make any sense to me if you have not determined if your could leverage a settlement or even get the title cleared via a ‘quiet title’ action.

  3. I have a very simple view of my situation.

    We bought our house 10 years ago. We worked and lived during this time period. We tried to make things go right all along this time period. Simple trying to make more money and figuring out how to make more money improving our lot in life. We used credit cards, we made monthly payments, we have never bought unusual things. My wife and I worked at jobs, we were just living. I’ve taken a few chances in the stock market, did well, lost then it all. I’ve read so many books on stock trading. We got offers in the mail for cheap credit via credit cards. Our credit was tops. We transfered balances. We just tried to get ahead all along. We refinanced a few times, the money went back to the credit cards to pay down balances. All paid down. Then of course life continues and the credit cards balances all go up. We think we’ll make it go right, we are dynamic in life. We refinance again, same cycle over and over thru out the 10 years. One of us loses a job, oh my god. We make it go right for a few years. Then I research into money, where does it come from and why do I not have it. So I view all the videos on the internet – money as debt, federal reserve system – I get myself hatted on the whole thing. I read some books, I follow some web sites as this one.

    At his point in time, we have two cars both 10 years old. I fix them. I’m a DYI guy. Problems around the house I fix them, I’m a DYI guy and jack all of trades sort of.

    All thru this 10 years at our home, we do not buy expensive things. We just live life and try to make it go right.
    So in my learnings of money and it being created from loans and credit, out of thin air, we stopped being the debt game. We have just defaulted on everything. We are technically bankrupt. But at this point in time we have not filed for bankruptcy. Why play the game? At any point up to statue of limitations we can.

    So, we here are in present time. Paid no mortgage payments for 7 months now. Paid no credit card debt for 1.5 years. We pay all cash for everything. We bank at a credit union. We have no credit. We get offers in mail for credit.

    So, my simple view. We have paid the credit card companies lots of interest, we are even. We have lived in our home for 10 years. Original purchase price 350K. Assume about 2k per month interest times 12 times 10 years = $240K.

    Our view is we have been paying rent. That is all. We have paid property taxes and insurance on the home, that somebody somewhere owns. So we are even. The house needs a new paint job, The house needs a new furnace, it is 50 years old. The house needs lots of little things like that.

    So I am happy in the grand rip off of Wall Street on the home mortgage market having learned what I have learned. From a simple money paid vs money received we are not so bad off from that point of view. However, we are bad off from the point of view of the inflationary affects of it all. Which is a sham on the American people who just want to live life – go to work, enjoy their family and friends, just enjoy it all.

    So why should I engage in the law game, doing battle with the banks, servicers, courts, etc. Why not just prolong it for as long as I can? That is my view. My view is to save money and buy a house in the future w/o credit.

    So banks, servicers, fannie mae, federal reserve – come take my house, I don’t care. And that is the secret – you do not have to care, then it is not so important.

  4. Concerned,
    Thanks. You are correct, it says 60 business days.

    And yes, new servicer was transferred when we where applying for a modification and we stopped making payments per the old servicer instructions to not make any payments. It was at that time, some 7 months ago that I started researching into MBS, Servicers, loans, etc and found this place.

    And yes, new servicer states on bottom of letter and all letters we have received from them, that “This communication is from a debt collector as we sometimes act as a debt collector. We are attempting to collect a debt and any information obtained will be used for that purpose. However, if you are in bankruptcy or received a bankrupcty discharge of this debt, this letter is not an attempt to collect the debt, but notice of possible enforcement of our lien against the collateral property”.

  5. cubed2k,

    You need to read that ’60 day’ part of that letter again. Given that you have a change of servicer, you have certain rights under RESPA that they need to follow.

    If the change of ‘servicer’ occurred while you were already with-holding payments, or in default, then that new ‘servicer’ is a ‘debt collector’ to you.

    Now CW/BofA frequently will move servicing to LITTON at a time like that. Litton’s letter cites ’60 BUSINESS DAYS’ so that excludes weekends and holidays. They are the main firm that I know of that sends a letter claiming the need for 60 days.

    If you sent a ‘QWR’ or other request per your RESPA rights, I believe that their usage of 60 days is beyond what is allowed per RESPA. $1000 penalty applies if you can collect it.

  6. @anonymous… nothing in my post was directed at you. Just pointing out how feeble the film industry is.

  7. Well. tomorrow is the day that my new servicer of my home mortgage is supposed to respond to my letter, they replied they will respond in 60 days. I wrote the letter on 26 Oct 2010. They replied on Nov 14, 2010 that they will investigate the issues that I presented. Upon completion of the appropriate research into my account (account – what does that mean- account), they will send me a written explanation of the results within 60 days, and, if applicicable, the action taken to resolve the issue. Then if I have questions call them/

    Ok, tomorrow is 60 days. We have not paid anything while they continue to send us statements of balance due (sounds like a credit card).

    I specifically asked them in my letter 26 Oct 2010 to them, these are the issues per their response and what I asked for: 1. for a true and correct copy of the promissory note with any modification, 2. a written beneficiary statement setting forth all those matters required per Section 2943 pf the Calif Civil Code concerning the above promissory note, 3. a copy of the deed of trust (or Mortgage).

    So tomorrow, do I receive a letter from them?
    I doubt it.

    So, as Spock would say, Logic dictates. Somebody sends me a piece of paper that says we are the new servicer of your loan – send money to us. Logic would dictate – as Spock says – prove it. Who are you, and why you send me such demand? Show me your papers. please.

    It’s pretty simple. Why on Earth has it gotten complicated?

    Neil Garfield, I’m going to send you a piece of paper in the mail that says you owe me $2000.00 per month. Pay via……

    What is your response?

  8. thanks Anonymous.

    Truely

  9. PJ,

    I promote nothing — have NO income benefit. Here for the “people” – and — I like the work “people.”

  10. John

    Do not give up — file claims against them — keep alive. NO MATTER WHAT.

    As to Fannie/Freddie — I am telling you to trace back — I am finding inaccuracies between bank records and Fannie/Freddie records.

    Fannie/Freddie had many roles — promoted this awhile ago. But, accurate records are not existent. Banks were intercepting prior Fannie/Freddie loan origination sales — likely with agreement for Fannie/Freddie to purchase rights in the “discarded” MBS securities (synthetic securitization of non-conforming/non-compliant/falsely classified default debt – and not regulated/falsely securitized and –rated – MBS..

    Much investigation to be done.

  11. For all purpose Ms. Marlow’s plea is ardent, but self serving. Really do the average Jane & John Doe, think the Aspen Billionaires, swishing down the slopes to their second or third multi-million dollar home really give a dame about them!

    Problem is for this self serving group, that produce nothing of substance, is that they are perplexed, the average American has refused to not devour their neighbor, but have taken the time to get educated and fight back.

    Who needs to spend money on a film, when the internet provides all the information required. Ms. Marlow is a Pollyanna living in the confines of one of the wealthiest communities in the USA. Fur Ban, honey, people need to wrap themselves in the skins of road kill when kicked out of their homes in your world!

    I’ll save my 10 bucks on a movie and provide a meal for a family in need, thank you very much!

  12. […] Read this article: Marlow of Cameron Baxter Films Searching for Outrage: Me Too […]

  13. @ John
    We all find our way to cope. My husband of 30 years passed away and it was the most difficult part of my life, losing my home isn’t helping. But I finally decided that if I made it through giving up the sweetest, kindest, most honest man I’ve even known, surely I can give up sticks and stone.

    Blessings to you and your family. You are going to be all right.

  14. received in the mail yesterday – Chase Bank. Open up a checking account and receive $100.00. Yep, that’s right folks a cool Ben to add to your family. What a deal…can’t beat it.

    read fine print (and written confusing like no you wouldn’t have quessed) and there is a $8-$15.00 checking account monthly fee. So, in less than one year Chase makes it’s money back — you ain’t gonna get $100 free.

    Heard on MSNBC this afternoon – 60% of Hispanics vote Democrate. I’m afraid these are probably the same people that will fall for the Chase gimmick. They probably even think Bank of America means bank run by America, US Government.

    Heard on KGO Radio last night, woman filling for Gene Burns, talking about Gun Control. Guest calls in, says he is a gang banger, talks for awhile, says the way to stop it is simply charge $100 per bullet, raise the prices of ammo, right now bullets are cheap so bullets are flying.

    Heard on Fox TV last week, the cute blond hussy subbing for Gretta, she says people don’t pay their mortgage, I don’t get it, of course they should be foreclosed on. – DUMB STUPID HUSSY, of course you don’t get it, you have took like the rest of America. People like that should not allowed to open their mouths until they do some research and know the whole picture.

    I have to keep laughing otherwise the blood keeps streaming out of my eyes.

  15. Hey, everybody, do not give up. Even if you lost your house, some juicy stuff is coming down the tracks for the illegal foreclosure servicers. It will happen this year. It is really getting out there. Everybody is finding out that the biggest Ponzi scheme in history has been perpetrated on the American people and most of the rest of the world as well. People have taken notice.

    No one will do business with the US if they do not fix the Federal Reserve and the mega banks. Not all the mega banks are in the US; some are in Europe. The international cartel of banks is screwing the planet. Make sure to take your money out of any mega banks and put in small, local banks. They are not perfect, but they are better than the mega banks. http://www.challengingforeclosure.com Sirak@challengingforeclosure.com

  16. I’m sorry, John. Hate to hear that. There is no solace in knowing you are not alone after succumbing to this fraud. Live on and be thankful for your family. A house is just a house, they say.

  17. from the WSJ:
    DOW JONES NEWSWIRES
    Moody’s Investors Service downgraded the lion’s share of $2.98 billion of residential mortgage-backed securities, the latest cuts by the agency as the underlying loans continue to deteriorate.

    The firm has downgraded billions of the RMBS as credit raters have steadily increased their loss expectations on them as home prices have remained low and unemployment has stayed high.

    About $1.5 billion of the downgrades were for deals backed by fixed-rate residential mortgage loans originated in Puerto Rico. According to Moody’s, Puerto Rico’s economy has been in recession for the past four years and the unemployment rate in the region has jumped to 16%. Of those, 40 RMBS tranches were issued by Deutsche Bank AG (DB).

    The ratings agency also downgraded the ratings of 51 tranches and confirmed the ratings of two tranches totaling $1.48 billion. The collateral backing those deals primarily consisted of first-lien, fixed and adjustable rate Alt-A residential mortgages. Some of those properties were also located in Puerto Rico.

    RMBS helped feed the housing boom and wound up in the hands of investment funds or in more-complicated pools known as collateralized debt obligations, in which underlying mortgage pools were further sliced into tranches according to their perceived risk and sold.

    -By John Kell, Dow Jones Newswires

  18. Class Action Complaint Filed Against EMC Mortgage and The Bear Stearns Companies
    Seattle, WA: A class action lawsuit has been filed on behalf of all mortgagors in the State of Washington whose home mortgage loans are serviced by EMC Mortgage Corporation and who (a) have attempted to obtain modifications of their loan terms from EMC; and (b) have made payments pursuant to a “Repayment Agreement,” a Home Affordable Modification Program (“HAMP”) trial modification plan, or any other temporary modification plan.

    The complaint alleges, among other things, that the Defendants: engaged in bad faith as to home mortgage loan modification negotiations; led mortgagors to reasonably believe and rely on Defendants’ representations that they would permanently modify their mortgage loans upon successful completion of “Repayment Agreements” or other trial programs; charged unreasonable, unlawful, or excessive fees; failed to properly disclose and/or concealed fees and other charges; failed to provide to mortgagors a proper or comprehensible accounting of fees, payments, credits, arrearages, and amounts owed; improperly or under-applied mortgage payments to accounts; and breached “Repayment Agreements” or other trial modification program contracts or promises.

    The complaint has been filed pursuant to the Washington Consumer Protection Act and contains additional claims for breach of contract, breach of the duty of good faith and fair dealing, promissory estoppel, and unjust enrichment.

  19. Cameron/Baxter Films is making COPS ‘n ROBBERS vs THE PEOPLE: the Death and Rebirth of the American Dream, a documentary chronicling the foreclosure crisis and looking for the light at the end of the tunnel. We guarantee the light won’t be an express train coming our way, although that would be a great cinematic image. Maybe we should have multiple endings? Help fund the film. Go to: http://hosted.verticalresponse.com/224864/bb87417012/480000941/b364a9d5c8/

  20. meant assess, sorry John.

  21. John, you are right, you have lost everything, everything material that our consumer’s mentality society has taught us is everything that matters, well John, look around you and asses your losses, have you really lost everything? i don’t think so, i felt the same way, but I have been wrong!!! the stand off continues!!!

  22. @ John,

    The others coming after you will continue to fight the war for you. It’s not over yet. Maybe a landmark decision will help us all recover what we’ve lost. Keep up the faith.

    In the meantime, live debt free. True freedom comes from being debt free. Never again.

  23. I’ve got nothing to offer. Lost everything. I tried to derail the train but it was futile.

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