NO NOT A FREE HOUSE, I WANT TO CLEAN HOUSE

FROM BRIAN DAVIES

NO NOT A FREE HOUSE, I WANT TO CLEAN HOUSE

http://www.scribd.com/doc/46835663/mortgage-notes-signed-in-blank-simplified

ELIZABETH
BARRETT DAFFIN, TREDER, AND WEISS ARE LOW LIFE SCUM BAGS. I MET HIM AND HAD INTERACTION WHEREBY I CALLED HIM A FAT…., TOLD HIM HE WOULD GO TO JAIL.

FROM LIVING LIES AFTER THE 341 HEARING WHERE FAT BOY ED TREDER SHOWED UP TO SCARE ME.

b davies, on October 15, 2010 at 2:04 pm said:
Chapter 7 unsecured debt—341 hearing.
http://www.scribd.com/doc/39002836/ONEWEST-HAS-NO-STANDING-MOTION-FOR-RELIEF-FROM-STAY-WITH-OBJECTIONS
Out of nowhere comes Attorney Ed Treder, head counsel of NDEX WEST LLC owned by Dolan Media (ticker DM) saying he represents Deutsche Bank. (no proof of claim on file), but as a creditor.
Trustee–Mr. Treder you represent Duetsche
Treder-Yes, I want to ask questions.
Mr. Davies–ok
Treder–Did you sign a Mortgage?
Mr. Davies–No,, I signed a note.
Treder–(surprised)-oh, and how much is it for.
Davies–Two notes for a total of $550,000
Treder–what is the value of the property?
Davies–$230,000.
Treder–so you are looking for a free house.
davies–No!
Treder-Do you have a civil case filed? Did you put it on schedule D.
Davies–Yes
Treder–Are you asking for money.
Davies–Yes
Treder–How much?
Davies–Well with all the news of fraud going on I think it maybe alot of money.
Treder–You are trying to get a free house
Davies–No
Trustee–I see you have a civil case with $2.7 mm judgment.
Davies–Yes
Trustee-Well I need the details of who is collecting.
Davies-Ok
Treder–You say this is unsecured.
Davies–Yes
Treder–What are your arguments.
Trustee-Stop
Furst (atty Davies)–we have a hearing on the objection to Onewest motion for relief from automatic stay. Our position is outlined in our (Van Eck) objection.
Trustee–You mean sell the house and pay the creditors.
Davies–Yes.
Treder–Treder–Treder
Davies–Close your mouth.
Trustee–It is ok with proceeding on the unsecured claim. I need details of the civil case.
After the hearing while walking out. Davies and Treder have words. Alot of words. @#$%$%^^&&**(%%*(*))(*)*))((*&&(*)((&(&(fat m…..f….)@#@#$$%^^**)(
It was conveyed to Treder (a rather Fat man) that Davies felt that the behavior of Treders foreclosure mill and others like the one in Florida risk the owners of such acts to criminal sanctions, or at least it has been conveyed as such to Davies. Davies repeated this to Mr. Treder several times in the across the street rather loud conversation.
:) 🙂 For those screwed by NDEX WEST LLC–that one was for you.

71 Responses

  1. Charlie,

    Agree — we need an avenue — and Neil has provided. We also need a voice – in Washington.

  2. The interaction I’ve seen here between some bloggers it reminded me of how and why humans behave the way they do, i did take the time to read the “back and forth” arguments and realized that doing that it’s part of the soul “healing” we all are looking for, did see it at fist as a negative, however as I read on I realized that it was nothing but the “frustration exhaust” at work, at the end of the day we all MUST and will come together, no relationship is perfect, and this site allows us to vent and find a grain of hope to solve our common problem: FORECLOSURE, and thats what all the roads will lead us to. STAY STRONG, STAY UNITED, WE WILL PREVAIL, and as some of you have suggested, this will be neither easy nor quick, but it’ll come at due time. God bless America.

  3. I have evidence of robo signing and notary fraud that says it’s illegal.

    My gosh, this is so exhausting. I should be asleep and instead I’m trying to figure out what I should do next. And I can’t find a competent BK attorney to answer my questions. My attorney is not very helpful.

  4. hEY EVERYONE! I received quite a few comments late last nite and early this morning (its 2am in KCMO! and I just woke up thinking about something else on this) and got all these great emails from you guys–thanks–i can’t tell you how muh it means to me and keeps me going. A lot of stuff wasalso sent my way and I will read–I just want you all to know,this is an o so slow process and so frustrating that we may not always win for everyone but someone or more will win. Two very encouraging thigns in the last weeks which perhaps slipped by you–the IBANEZ Mass case ad apparently the same decision in MARYLAND courts that these titles are brken and are being set aside . What’s important in both case is that they affected literally thousands and thousands of people and the court did not care that the reversals affected thousands–they did it anyway. Also in Utah there are beginning to be quiet title wins. It is imp that the court recognizes the rules of law despite how many reversals there are and that is happening. AMAN its not easy like madoff and martha–this is not clear cut criminal as often the crimin penalties are minimal and again–new laws would not be able to be ex post facto. Perhaps I am wrong–and believe me I am not happy abut everything with OBAMA because I admit to be a left wing dem–but I do believe he is trying and cares and is muddling thru–I don’t believe that of the rpub. I think they will do everything possible to stop this and help their friends on wall street–Watch out for Elizabeth Warren who is Obama’s appointment in financial reform–she will help us–its just finding the right vehicle–there is no clear cut vehicle because unfortunately a lot of this was absolutely legal under our laws–that is and was the problem–this was ‘LEGAL THEFT” and that is harder to resolve. But don’t give up on the system–you have the change the system from within and I am a firm believer in that. I’m publishing a book about my own exper as a civil rights lawyer and what happened to me–it was “legal theft” so to speak–but I keep at it infinding my own way–to help–as each of you have–sometimes you need someplace to yell and scream and this is that place–but don’t just yell and scream–fid a way to help and make thsbette because that i really what this country is all about–finding a way to make it better and each of us on this blog is trying to do that– On Martin Luther King’s day remember that. He was far from a perfect man, and he was far from perfet in getting it done–but he kept at it and maybe his death is what fixed it more than anything. “Death” or a ending sometimes makes it a whole lot better–we have the death of a system at hand and out of it will come much better things–trust me, I know that from personeal experience. God bless and again Thank you

  5. Gwen it is a craft when it comes to figting agsinst such a corrupt system. Bring on the craftsmen this takes time as we are starting to realise most people fo not relish the prospect of fighting for years even if they had the resources it will be left to the few like you and brian davies and others who I admire very much because I know your pain. I wish Obama would just think of something crazy to help the people I just keep hoping onnthat one!
    our attorneys gain more insight and develop their legal craft and there is no substitute for experience which you surely have

  6. Gwen thank you for all of your contributions to this web site and maybe you are more realistic than I am.

    thanks again

  7. When the Federal Government wants something done it gets done.

    Just ask Bernie Madoff. He went to jail in record time or Elliot Spitzer or Martha Stewart or alot of people who with the help of DNA are getting out of jail.

    We will agree to disagree.

    2 Million Foreclosures displaced People in the last two years, is of Holocaust proportions.

    Did you see how fast Madoff ended up in jail. He was one of them.

    We do not need new regulations all we need is to enforce existing laws and put alot of people in jail.

    Do what China does Excecute and donate body parts. Why like China because this is a holocaust.

  8. Maybe it’s not wrongful foreclosure they have no standing to foreclose instead the embezzled our homes out from under us.

  9. a man: if i missed a post, i’m sorry. I spent 6 hr in the law library today putting together 8 paragraphs literally on a neg claim against the servicers and mers involved in my case–this is very vry complicated. And no, Obama can’t just make the illegal foreclosures go away–sorry, my average discrmination case in the 80’s nad 90’s took 5 yaers!There are no quick fixes–it took us 10 years to get here and you can’t fix title problems and illegal bankin that took ten years to break in two years–You have to put new regulatons in place and that takes administrative time for review. You have to have the will to change them and thre is absolutely positively no will on the part f the republicans to change banking laws–and for all those out there who think I am a nut case dem–looks at the stats–republican judges vote 90 percent to support corporations against the little guy. moderate dem judges (which is all we have–we don’t have left wing judges) vote 50 percent for the little guy. look at voting records of dem v. rep–repub ALWAYS vote for big corp and dem ALMOST always vote against. You can’t have ex post facto laws–that means laws that are retroactive–its unconstitutional. And I am sorry, I don’t believe that the dems and repub are equally to plame ==in the majroity of time that the laws were changed in favor of the banks–the republicans and not the dem were in chage of congress. Presidents have very very little power to make changes–they can set agendas but if hey don’t have the votes all they have is the veto and the veto can be overridden. This is a country that once there are laws in place yo have to repeal them–you can’t do it by fiat or guns or rhetoric. And you want change and cotrol–then vote for dem who will put them in control and not republicans who want to take away every last scintilla of control over the banks. Read and listen–don’t go beserk. I just dont thnk a lot of you understand the system, how it works, and does not work, what the law does, and does not do, and how we cdan change and not change. Opting out does not help. Claiming taxes are the problem will not change this. Claiming there is too much gov will not change this–if anything there is not enough gov and that is why there is no oversite. I’m sorry–you voted these folks in or refused to vote because you are pissed and you got what you deserved–a corrupt wall street. Now you want lawyers who get paid next to nothing, with no staffs, to go up against mega law firms and “change the world”. It ain’t easy and its exhausting. As I sid, it took me 6 hrs today to craft a very tight negligence claim as part of a larger lawsuit I am redoing to meet the judge’s criteria so I can get where I want to go. Do you have that patience? You kow how much I read today and I am 62, widowed, and rather spend the time with my church or grandchildren. Crazy theories don’t change the law–incremental attacks do that chip away. Patience, patience and more patience

  10. Ian yes … Now read solimans stuff again
    the receivables were All they were interested in so they must proove how therefor they have the right and when you look at that maybe Soliman is your man Im starting to think this is the hot water banksters are now standing in, ALSO. They broke standards for accounting to the point of organized crime. Can you argue with that I can’t either but Soliman I believe can. My inderstanding is far from perfect but my gut tells me we are onto something good here do you think that might hold up in court. Na …me neither So it’s good I’ll not be arguing

  11. Gwen,

    Go to this link and read the article, it is very informative and hopefully it will aid in your case.
    I’ll keep you in mind and provide any new info I come across regarding GMAC cases. Good Luck and Never give up!!!!

    Clinic at University of Maryland School of Law joins foreclosure
    Daily Record, The (Baltimore), Nov 2, 2010 by Brendan Kearney

    http://findarticles.com/p/articles/mi_qn4183/is_20101102/ai_n56231578/

  12. Lucy and Gwen

    Following your posts — and Gwen’s reference to Obama and unconstitutional.

    NJ is right now at the center of issue regarding perjury. Order to Show Cause — and rule that would require that attorneys testify as to truth – and source – under a certification/ affidavit.

    Could affect the rest of the country. Do not believe attorneys can – or will testify to anything. Will NJ Court stand by it’s rule??

    Very important to follow and publicize.

  13. Gwen you are fabulous good luck

  14. gwen you didnt read my earlier post

    Obama can convince the States that it is in their best interest to halt Foreclosures etc…..
    I am sure their are ways.

    I am not an attorney but I am sure their are ways to halt illegal foreclosures. I am positive that their are federal laws that are being broken.

    How about using the United States Postal office to commit crimes. How about Internal Revenue issues?
    come on Gwen?

  15. deb wynn- “…if you didn’t make the payments on the house it is over,from the banks’ point of view….”. All they have to do is prove that they own the note and mortgage. And they can’t do it without fraud,forgery,fabrication and backdating of documents. Which is one of the main purposes of this site. They are pretending that they have a beneficial interest in the note and mortgage, yet they can’t prove it without lying. Everybody is lying. They are all lying. Millions upon millions of documents are “missing”,how come not one of these foreclosure firms can find 1 legitimate document? Millions upon millions upon millions of documents, I haven’t seen an original authentic document since this fraud got underway.

  16. And that is why we must not fight amongst ourselves we must stick together bring whatever we can to the table and share. The concept share …

  17. And we are up against the worlds best with trillions of dollars and apparently endless supply of tax dollars because if their creative accounting
    And prooving fraud has 9 giddarn legs. It’s gonna be a ride for sure

  18. Sooo with regards to the rights life liberty and property why is the homeowner cut out of the legal equation. My name is on thst contract I signed in good faith under a certain set of terms and conditions giving me rights to certain liberties to negotiate and know who to negotiate with as in creditor real party a person not a straw man. I sm actually starting to understand Soliman and it seems less covoluted. But if you didn’t pay the mortgage from the banks piontbof view it’s over and after all I sincerely believe thst is what they planned because of default swaps ect but from a legal due process point of view I don’t think so. Power of sale used in the non judicial foreclosure states was never intended to deny anyone any rights yet that is how it was executed by rogue attorneys with robosigned docs from LPS bucket shop and their intermediaries fee splitting feeding frenzy…. Fraud at the inception the execution the conversion and the foreclosure. God what a mess

  19. Any other free house counter arguments, so far Gwen is in the top spot!

  20. THANKS LUCY–IM AT THE LAW SCHOOL RIGHT NOW WRITING P THE NEW NEGLIGENCE CLAIM AND CLAIM AGAINST THE TRUSTEES THAT SHE ORDERED TO BE FILED ALONG WITH THE QUIET TITLE ACTION SHE IS ALLOWING ME TO ADD BACK IN TO THE STATE CLAIM. I WILL KEEP YOU POSTED. THIS WILL GET MY CASE OUT OF FED COURT AS THE TRUSTEE COULD NOT BE ADDED IN THAT CASE AND THE FED JUDGE HAS BEEN SITTING ON THE MOTION FOR REMAND FOR MONTHS NOW. I BELIEVE WE HAVE SOME STATE JUDGES WHO ARE LISTNING AND IBANEZ WAS A GREAT CASE AND THE MARYLAND CASE WAS GREAT–IS THERE A CITE TO THAT GMAC–I’D LOE TO SEE IT–I SUED GM FOR YEARS ND YEARS IN THE 80’S AND 90’S FOR DISCRIMINATION

  21. CONGRATS AND KEEP US POSTED–THIS IS GOOD NEWS==FINALLY WE HAVE STATE JUDGES LISTENING THAT IT IS THE PAPERWORK STUPID–AND YOU DON’T HAVE IT YOU DN’T GET TO FORECLOSE

  22. http://foreclosureblues.wordpress.com/2011/01/16/gmac-to-dismiss-10000-robo-cases-in-maryland-due-to-suit-by-law-students-at-university-of-maryland/

    Posted on January 16, 2011 by Foreclosureblues
    Posted 2011-01-16 14:41
    by Karl Denninger
    in Foreclosuregate
    Ignore this thread
    But I Thought There’d Be No Disruptions?

    Oops….

    In a major ruling Friday, a coalition of nonprofit defense lawyers and consumer protection advocates in Maryland successfully got over 10,000 foreclosure cases managed by GMAC Mortgage tossed out, because affidavits in the cases were signed by Jeffrey Stephan, the infamous GMAC “robo-signer” who attested to the authenticity of foreclosure documents without any knowledge about them, as well as signing other false statements.

    But but but…. the banks have all sputtered, this is just paperwork and it doesn’t really impact anything. It won’t stop us. We just had to do a little internal review and “resubmit” documents where former ones were “incorrect” (a fancy word for PERJURED), right?

    Uh, maybe not. Peter Holland of the University of Maryland School of Law, decided to stop lecturing and start doing. He got his class involved in actually suing instead of standing up and pontificating.

    And Friday, he won.

    GMAC “agreed” to dismiss every pending suit that had a robosigned affidavit in it. That’s about 10,000 of them. Sure, they can come back and file them again, but this time they’re going to have to use real documents, and they’re also going to have to prove up the debt.

    Can they?

    I don’t know. But what I do know is that this is exactly what should have happened immediately – every one of those cases should have been immediately tossed. Then, the State AG should have brought criminal perjury charges. And finally, if under State Law the security interest has been lost, then the real party at interest (once we figure out who it is!) should have to pursue their claims as an unsecured creditor.

    Only the first part of this has happened, of course, but it’s a start – and with some luck, now we’ll see the other two pieces fall into place.

  23. Hi Gwen,

    I came across this article and it mentions you, so I thought you might like to read it for yourself,

    Here’s the excerpt, you can read the full article on the foreclosureblues.

    THE RIPPLE EFFECT

    Just hours after the release of this decision, Plaintiff Gwen Caranchini handed a copy of the slip order of this case to a Jackson County, Missouri Circuit Court Judge, who became very quickly educated. As a result of invalid assignments, trustees now face damage complaints for gross negligence and breach of fiduciary duty, for which the E&O carriers and title companies had better keep both eyes and ears open if they want their pocketbooks to survive what’s to come.

    http://foreclosureblues.wordpress.com/2011/01/12/the-shockwaves-of-the-ibanez-larace-case-create-national-ripple-effect-banks-have-a-reason-to-be-nervous-eo-carriers-watch-out/

  24. dying truth–I deal with real live arguments that I think I can sell to a judge and jury–you do not understand basic property law–your argument would get you laughed out of the courtroom. please understand, those of us in the law who are trying to help and come up with theories think long and hard–there are no federal remedies here except statutory remedies which mus be strictly adhered to. Recision is statutory. putting a lid on foreclosure by mandate is not and cannot be–two separate issues not related.

  25. MR. SOLIMAN I ready your posts and I am still clueless of what you are saying and how touse it– and ifi am clueless I know the judge i will deal with are clueless–you are still not communicating in a manner that i understand please start in kindergarten

  26. FROM RECENT INTERVIEW PUBLIC TELEVISION- INTERVIEWED M. SOLIMAN

    . . . Securitization accounting is based upon the “transfer of control” when determining a right to foreclose. This approach for bank transfer of risk or rewards eliminates foreclosure from the question of standing. The buyer is not foreclosing it’s the seller who is alleged to have lost control of the subject loan.
    Transfer of control would mean the assets have gone out of the reach of the transferor, whereby the transferor cannot re-acquire the same, except at market price, and the transferee is free to deal with the assets and make a profit on the assets. The only means for a repurchase is in an open market fair bid or auction and that’s what the lenders are doing. Buying your home at Trustee or Sherriff’s sale. But you do not get the money – you the fee title holder allows the lender to buy back you r home a credit bid.
    The underlying basis is: if the bank has sold the loans the buyer is free to hold or dispose of the assets further and make a profit, or suffer a loss. The bank therefore has transferred the reward to the buyer.
    But the buyer is not foreclosing is it? And if it were as we are led to believe then MERS is the bridge used to break the law. THIS IS CRIMINAL conduct by bank officials.
    The reward of making a profit on selling loans at a market price prohibits the bank from also mitigating risk whereby its is obligated to buy back the loan from the Buyer, something we already said it cannot do anyway. This is twilight zone mentality that makes a mockery of the US and international accounting rules. This government knows this. The pooling and servicing agreements are hurting you not helping you while looking for gibberish clues as to proper compliance and conveyances. The loan was sold and that is that – Get it?
    expert.witness@live.com

  27. gwen caranchini,
    How many people mailed out rescission letters? Pre-emption ring a bell? Supremacy Clause?

    U.S. Constitution – Article VI, cl. 2

    “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

    Not to mention the displacement of so many Americans from their homes on such a large Nation-wide scale is obviously an act of WAR falling within the scope of Treason.

  28. Congratulations to Brian Davies. Excellent work and keep it up.

    As to the sturm an drang over the entities that caused this meltdown–our government is corrupt and has been for a long time. Obama inherited the mess and his not doing much to fix it. He seems to live in an ivory tower.

    Yes. It will take work at the local and state level to do anything of value to fix the mess. Yes. You start in state court, and they try to move it to federal court where they can kill your action. Foreclosure is part of property rights, and that goes to the states.

    One of the positive things I see is states who are demanding that no fraudulent documents be placed in the court. That is a very good thing, because a great deal of this mess is about fraudulent documents and attorneys who are perpetrating fraud on the court. That fraud is going to come back and bite some people in the butt.

    Don’t get into that left and right thing, it will divide us. http://www.challengingforeclosure.com Sirak@challengingforeclosure.com

  29. Gwen Caranchini,

    You are 100% correct !!!!!
    I’ve been reading and following your work and I admire you, and your dedication.

    Great job !!!!

  30. To A Man and Dying Truth: I hear silence on my seeming revelation that it is unconstitutional for the fed gov to call a halt to foreclosures–I do understand that Obama has been trying to look at auniform foreclosure act mandating presentation of the note, valuation of the note etc. But as they say, you can drag a horse to water but you can’t make them drink. Obama does not have the authoity. Understand that.==you can’t convine them to do anything–there ae 50 states with 50 legislatures and 50 different agendas. If Obama was a communist–trust me the first thing that communists do is nationalize land laws–the first thing the european cuntries did when they threw out the communists was to put land law back in the individual parts of the contry–LIKE ME HAVE NOW!!!! So, given that, what Obama did was put in financial controls which no one else has done since the geat depression. But if you don’t have the votes in Congress–he can’t do those things–Remember we are a constitutional government and now we have a bunch of people who think any law is bad law. S go figure.
    Those of us who have legal backgrounds and work preparing paperwork in this foreclosure mess know–the best place to be is state court and state laws which geneally protect the landowner–if you have bad judges however who don’t follow the rules then you ahve to appeal to the state suprememe court and ultimately the u.s. scupreme court. ts slow going. Fed courts have limited authority over any land issue. Understand that–and Congress has almost no authority whatsoever-they can only regulate the banks and other industries and all I hear these days from republicans and tea partiers is that there is too much regulation already–so–you want the gov to stop this mess–don’t vote for the people who don’t want to regulate. End discussion. I am spending my afternoon on another remand issue and quiet title issue for some folks. I suggest those of you who think I am nuts on this, go study some constitutional law on property rights and understand why us lawyers are frustrated with state courts and why the IBANEZ decision was so important–you now from that flaming liberal state Masschusetts! The best decision to help homeowners in two years–about title and how the states are in charge of title and how broken tiel means no rights in the banks to foreclose. The judge I put it before the sam day it came out understood IMMEDIAETLY

  31. Okay…I’ll put my oar in. I’ve just read all of these comments that, IMO are all over the map and, in some instances have significantly diverged from the essential point of the initial post.

    It appears that, as some have observed, “we”, the posters here, are falling into the same distracting pattern that appears on many forums discussing mortgage fraud, bank crimes, and the many other varieties of economic abuse and exploitation.

    I reject the notion that either democrats or republicans “own” the problem. I think it might be a clarifying concept to consider that the individuals who are currently driving this wholesale pillage are, in truth, neither democrat nor republican. They’re not affiliated with any actual group or movement that has
    been identified….as yet. The creatures who have stolen, lied, forged, and schemed to wrest not only private property but the essential basis of our liberty and other constitutional guarantees are psychopaths. They have no allegiance to any specific organization other than the loose association established within their cabals that exist, not for any progressive change or even for protection of existing structures but on occasion work together to effect the assault on our rights and legal structure to their own ends.

    They are rapacious and immoral creatures who are motivated by greed and enmity and a self-assured determination to achieve power and the treasure that enables it.

    I have an opinion of Obama but I resist repeating it simply because it doesn’t speak to the solution. He, and his supporters are removed from the fray and no amount of rhetoric will affect their status.

    If there is a solution or an approach that may bring some measure of a just and lasting end to the current assault on our lives, it lies in an agreement to maintain focus on the engineers of this scheme. It remains for us to refrain from name-calling and flag waving and cooperate in an effort to access help from our state legislators and other sources who are either able to halt the thefts or able to educate those who are in the position to effect change.

    The contributions of many posters on the site, and the wise guidance of Neil and his associates are of immeasurable value and need to continue without splinter groups forming to take sides on irrelevant issues.

    The President, the administration, the cabinet, and for the most part the congress are either uninterested or impotent or both. It’s the states, their lawmakers, the local media, specifically the small town papers and local t.v. commentators who will help us to bring this issue to the fore.

    As long as the mainstream continues their version of tabloid journalism and rejects or ignores or, worse, minimizes our plight, we’ll be where we are for a considerable time.

    Everyone who has commented here has something important or valuable to share. I suggest we consider staying on the topic: “living lies” and retire any other polemics until such time that we can all relax and have the luxury of politics being our most significant concern.

  32. Obama can convince the States that it is in their best interest to halt Foreclosures etc…..

    I am sure their are ways.

  33. ok folks, you obviously don’t understand that neithr Obama nor the Congress can put a halt on foreclosoures–its unconstitutional–Only states may affect property law–that is what all the cases are about remanding these case to state law–federal courts and the fed gov have authority to make laws on individual propeties–NOW THAT’S COMMUNISM! Ask any lawyer (except bank lawyers) about who governs state’s rights–why do you think the bank’s lawyers want your cases in fed court if possible? Why do you think those of us doing this oppose that and move to remand? Why do you think state supreme court’s are the one’s stopping this? Do you not get that Obama and most of his lawyers are harvard or princeton trained and understand this VERY VERY BASIC PRINCIPLE OF OUR LAWS–it is states who must rule on individual property rghts–we call it “in rem” actions. So on the one hand you call him a communist and the democrats communists and on the other you want the communist in chief to do what communists the world over do first when they take over governments: take over YOUR LAND! Any lawyers out there have the nerve to stand up to these people and tell them why obama cannot stop foreclosures–That’s why national foreclosure laws will nnot work. How about you Neil–go get an honest to goodness constitutional lawyer and property lawyer and post some stuff on this blog about the constitutionality of having a national foreclosure law and how it affects property rights

  34. THE A MAN,
    I’ll stand for and defend ANYONE of us here including gwen caranchini against any politician, judge, cop etc.. I don’t care how much we may disagree, I stay loyal.

  35. TO BRIAN DAVIES- have been following your case since day one. I admire your perseverence, and your attitude- you’re right,they’re wrong, you will give them no quarter. Ironically, I don’t see any partisan rantings i.e.democrat/republican, woe-is-me or woe-is-us,etc. – just take care of business. I like that. On another note, Davies is a Scottish clan, are you of scot descent? that would explain alot. Best wishes, Ian Sopko Illegitimi non carborundum est
    (don’t let the bastards wear you down)

  36. ANONYMOUS- re:free house response- this is,of course, a standard act of the plaintiff’s attorney, appealing to the judge’s sense of fairness when they accuse the borrower “Your honor, he’s trying to get a free house”. Be that as it may, if we could all get copies of the remittance ledger from the servicer, we would know what has been paid on the obligation. In old fashioned mortgages, the note WAS the obligation,there was no one else behind the curtain. Now, with the first insurance payoff at 45 days in default, how the %#!? are we ever to know who paid what to whom for what? Any suggestions? The transmitttal ledger is guarded like the holy grail, I have not seen 1 instance nationally where it has been produced in discovery. Thanks, Ian

  37. Woops sorry long day can’t type for…you get the gist

  38. Funny but just opened my mail ” preview homes to be auctioned ” private pte auction teal estate event pre auction price I’d listed and us low low. Even by todays standards location is fiesta resort priest drive tempe az a guy called dean grazios as seen on abc CNN cnbc and CBS it days buy properties for pennies on
    the dollar…. This is like diog eat do. And how bout them
    clouded titles never mind them apples. I

  39. Even Ariana Huffington is having trouble defending Obama these days.

    http://www.huffingtonpost.com/huff-tv/arianna-huffington-americas-next-chapter-video_b_808905.html

    I agree with usedKarguy we need to stay united..
    See how bad things are we trust a used car saleguy (joke). And Dying Truth says to leave me alone.

    UNITED WE STAND DIVIDED WE FALL.

  40. Gwen Obama could stop the foreclosures yesterday if he wanted too.

    2 Million Foreclosures in the past 2 years is enough to declare a state of emergency and stop them.

    Obama is to blame. Nobody else. even if he did receive this mess from Bush.

    NEVER AGAIN.

  41. Brian, On the uploaded “bogas” Assignment Exhibits… Wanted to share with you that Suchan Murray works for Indymac with Erika Johnson-Seck.

  42. […] This post was mentioned on Twitter by Wanta Freedumb. Wanta Freedumb said: NO NOT A FREE HOUSE, I WANT TO CLEAN HOUSE: http://t.co/T9P6sXJ […]

  43. Gwen, love your legal help, but I am afraid your politics are delusional. Bush was a Great American, but a lousy president when it came to the spending issues. You are succumbing to revisionist history in defending liberalism. Beck, OUTSTANDING! HE IS PROBABLY GOING TO BE ANOINTED AS A SAINT OR SOMETHING. Rush, a showman, for sure, but quite astute as to his political insights. Rush lost me when he said “Wells Fargo! that’s MY bank!” But I agree most times. His RULING CLASS mentality shows through, though.

    And TRUTH, you’ve gone out on some pretty extreme tangents, and I do agree with some of them. I’m with you all the way on the O’BAMSTER. He’s “ALL IN” ON THE BANKERS SIDE, NO DOUBT ABOUT IT! Look at the new CHIEF OF STAFF. BILL DALEY, AS IN RICHARD J.DALEY’S SON.

    AND BOTH OF YOU ARE DOING EXACTLY WHAT THE DEMOCRATS AND REPUBLICANS WANT YOU TO DO.

    “divide and conquer” is their motto. bottom up, top down. that’s the squeeze play.

    Fight with each other and you are too busy to fight against THEM.

    Over the years there have been battles and this, really, is not the place. I know it’s hard to resist. We are a pretty diverse crowd.

  44. yeah!!!

  45. Gwen

    Love your traffic light analogy.

    Free House?? — It is the distressed debt buyers that are getting a free house. Purchasing loans for pennies on dollar — foreclosing — then selling at profit. Sounds like racketeering to me.

  46. I just love thst Brian kicked his fat ass. I’ll read comments later , I’m savoring the moment.

  47. I have no problem with people expressing their opinions (political or otherwise) as long as it’s done in a respectful way. Differences in opinions is a fact of life. If I don’t agree, I simply skip over the post.

    Besides, we don’t want to give our adversaries the impression that we are divided. 😉

  48. gwen caranchini,
    Wow, nobody has ever been more wrong about trying catagorically pre-judge me than you. I don’t even watch tv or listen to the radio let alone any of the people you’ve mentioned. israel has way more guns than us and kills WAY more people than us. You sound paranoid and obsessed with guns (you should see someone about that). The only thing that all those agencies you mentioned are doing is freeloading off of the American People. Odrama himself advocated this much that he was a Commie while at Columbia University. I don’t receive ANY of those government benefits you listed (or any at all). You know what your problem is? You’re one of those people who still thinks it’s a Dem v. Rep thing when it’s actually all of them that’s the problem. You should be able to figure this out on your own after the’ve been going back and forth for how long now? And still blame eachother for the wrongs they BOTH committed. Give up on partisanship you’re not a Democrat you’re an Individual, think for yourself and endorse NOBODY else’s point of veiw.

  49. Gwen done went nuts ….. Our entire Government Agency’s FDIC, FRB, and others are corrupt not from the hands of anyone but THEIR own.

  50. Dying truth–you have reveald yoursef–a total and I complete nut case–I feel sorry for you believing this garbage. Go to some cave and live because you have not a clue about reality. Its pople like you we have to worry about who will take our gun and go shootour leaders because you live in an alternative univverse. I feel sorry for you, but I will never reply to another post of yours. You are clearly and unequivocally nuts. God hellp us all from the likes of you and who you associate with–

  51. Dying truth–you don’t undestand the constitution and I spent a year taking constitutional law and getting “best pape” I might add in the topic some 35 years ago. Constitutional law is the bass of discrimiantion law. O its not obama who declared it unconstitutional–he does not have that power, the COURTS did that. And the cal statute is not the same in all respects but then again you don’t know that–as for Mexico claiming the law was unconstitutional–i have not followed that particular line. I do know tha under the Arizona law, there were serios issues which many people looked at–all with a hell of a lot more constitutional law background than you I can tell you and me for tha matter–and they all found it unconstitutional. Prhaps if you read the decisions you might get it–but then again people like you don’t read decisions, you let the likes of glen beck, rush limbaugh and sarah palin tell you what to think–that’s your problem, they don’t think and you don’t either. you buy into bs put forth by nut cases. I know people like you. Fema is building concentration camps, there are entrails poisoning us, the UN is coming, everyone wants your guns and on and on–its all total garbage. No other country has the number of gun deaths like us. no other country allows unfettered use of guns. The mexicans coe across he line to get our guns to kill american and others on the border you idiot. I live in the midwest and it scares me to death to hear these nut cases talk–and you are just another one–uneducated, listening to quacks, calling people communists–but i bet you take your social security pension, mdficare or medicaid. I bet you let the gov pay your unemployment, and build your roads and pay everything. O but that’s not comunism–yea right. Read Rush Limbaugh’s brother and fauther’s opinions and tell me what you think–nut cases both. you have not got a clue. and when my dearly departed husband and I made a ton of money, we paid eery dime of our taxes and never tried to get out of it. EVER. My brother in law and cousin are filthy rich off of wall street ad they are both democrats and pay every dime of their taxes as well. don’t give me your shit. you dn’t know those of us who ae democrats, who do soup kitchen, give pat of our lives to help people, who go to church, and give of ourselves every day. I’m sick of people like you who are clueless nd rant and ravve. When you have lived my life and given unceasingly then you get to complain–until then I don’t want to hearyour garbage–

  52. Notwithstanding the possibility that Odrama II (not Jr. which is the suffix used in the United States as apposed to the II, III, IV etc.. used in the UK) may be an illegal alien, I was born, raised and lived here in the US my whole life. Unlike Odrama who lived most of his life in Indonesia and trained to be a Communist in Russia for quite some time so he could try and force Communism on us replacing our Guarantee to a Republican form of Government as established by US Const. Art. IV sec 4 (but you probably thought we were a Democracy, huh?). So please don’t make baseless implications that I have guns and should move to Alaska away from Odrama when that drone spends more time in China and India shipping and outsourcing American jobs overseas.

  53. I’am the defendant and I have the NOTE. I have a letter from MERS , that MERS was removed and the MIN # deactivated. Oh never mind no one Get’s it any way

  54. gwen caranchini,

    I am in no way against Mexicans, I actually believe they have just as much of a right to be here as Americans do. But if your arguing that the AZ law is unconstitutional then so is CA’s and the Federal one both of which are almost identical to AZ’s. If this is the case, why have they not been declared unconstitutional? Why hasn’t Odrama sued CA and the US for the same reasons? Why did he sue and let a bunch of foreign countries sue AZ in US District Court and Appeal to the 9th Cir. when US Const. Art. III sec. 2 clearly states:
    “In all Cases … in which a State shall be Party, the supreme Court shall have original Jurisdiction.”

    Not to mention that leting the cases go forward violated the 11th Amendment.

    But ‘oh’ you understand the Constitution so much better than me right? ( I have yet to be convinced of this)

  55. wb,
    Try not to sign ANYTHING, sell the house, keep the money and go on vacation, donate the rest to a family member and declare bankruptcy (tell the bank to F@#% off if they cannot prove definitively that they lent you actual cash)

  56. When you and others like you educted yourselves about the facts, then we can have a conversation, until then you are very very ignorant of the laws that have been passed and the objections to the Arz. lw which was clearly unconstitutional–those of us who have legal experience can tell the diff. I have represented the little guy for 30 years–whistlebowers, race, reverse race, sex, sex discrimination, age, national origin in multiple jurisdictions and against all types of defendants including the gov and won 90 percent of them. You are just plain ignorant of what you are saying–go take your gun and go somewhere awy from Obama–maybe to alaska to join that nut case lazy ignorant woman–I have had enough of people like yo who are clueless and don’t understand the first amendment, the second amndment or the constitution for that matter.

  57. gwen caranchini,
    HEY Shut up and Leave THE A MAN alone, if he wants to criticize the Communist-in-Thief he has every valid right to. Odrama has been giving out money with no strings attached to everyone except Homeowners, calls us ‘deadbeats’, sued the State of Arizona for enacting an illegal alien statute identical to one California has, shoved through legislation that forces everyone to buy insurance or go to jail, declared the authority to have American citizens assassinated and detained indefinately by Executive Orders and breached the prohibition on offshore oil-drilling which destroyed the livelihoods and sanitary living of millions of Americans. Why just blame Bush him and Odrama are both leeches from the same lake and Odrama happens to be the one currently sucking the blood out of America.

  58. condo & DyingTruth:

    >>That’s Usury and Unlawful Criminal Extortion.

    i’m needing to learn more about this short sell option as i may need to go to that plan next prior to foreclosure.

    -so the bank/servicer doesn’t have to accept the short sell i see.

    -and if they do, who pays the difference in current loan price and short sell price? if the borrower does, might as well foreclose, yes? don’t really understand

  59. condo,
    That’s Usury and Unlawful Criminal Extortion.

  60. elizabeth–defendants are always looking for a defense to draw the judge’sattention away from the issue–this happens to be a good one but our come back is better–FOLLOW THE RULE OF LAW and my stories to the judges get that thru–they get it if you take the time to explain it and not try to make it a huge theoretical argument.

  61. I see a lot of garbage responses but claiming that OBAMA is responsible for the foreclosres takes the cake–do you not read about how Bush ran up our deficit and the market crashed BEFORE Obama took office–what is wrong with you–do you have to blame Obama for everything? I’m sick and tired of folks like you–get a life and learn something about economics before you start bashing Obama and the democrats–

  62. They cant even tell us what our payoff is? They dont know who we really owe the money too.

    2 Million foreclsorures displaced families in the past two years. Obama makes Milosovic look like a choir boy.

  63. I don’t see how the house could be free. In my case, I lost $15,000 in a down payment, I put in another $12,000 or so for upgrading the bathroom, kitchen, roof and landscaping. I removed wall paper and painted the interior myself–how much is that worth? My house is now worth $30,000 less than it was 18 months ago. I was ripped off at closing for about $1500 by a crooked attorney. I have spent three years fight a&^%$*es at AHMSI. How much is that worth? Not a free house. Just a nightmare. http://www.challenginforeclosure.com Sirak@challengingforeclosure.com

  64. I am Chapter 13, just revised Schedule D changing BAC claim to disputed. I bascially told BAC I can not afford to pay what they are asking plus thearrearage to keep the house and it also does not make economic sense while I can rent something newer and bigger for half the money . If they can show me the properly endorsed note from Ameriquest I would surrender the house. Benn over 3 months, no proof of claim filed yet.

  65. gwen caranchini

    thank you for the explanation that is my biggest issue with the trustees right now how to expresss that its not about a free a house, because as soon as you mention /mers that what the response is.

    Because there undertsanding at lease from that point is that with MERS no one knows who owns the house.

    I am doing my best right to address that issue first because addressing anything else.

  66. TO BRAIN DAVIES

    YES I KNOW AND WHAT I NEVER UNDERSTOOD WAS WHY NO ONE CHALLENGED THEIR ACTIONS AND DEEDS IN COURT THEY HAVE A DEFAULT DOCUMENT BUSINESS JUST STERN IN 2008 THEY HAD THERE NATIONAL DEFAULT BUSINESS PATENT SEE THE PATENT HERE:

    http://www.faqs.org/patents/app/20080201190

    THIS NATIONAL DEFAULT SERVICE IS WHAT IS NOW CALLED NEDEX WEST LLC, THE SIGNING AGENT IS FRAPPIER ONE BARRETT PARTNERS HERE IN TEXAS THE PLACE OF BUSINESS IS THE SAME ADDRESS BARRETT USES FOR HIS DEBT COLLECTION BUSINESS.

    SO HIS APPEARANCE AT 341 HEARING OR COURT IS BASED ON HIM SELLING HIS “PRODUCTS” OF SUBSITUTE TRUSTEE SERIVES TO BANKS BY HAVING HIS EMPLOYEES OR LAWYERS SIGN ASSIGNMENTS OF DEEDS OF TRUST AND/OR NOTES.

    THIS IS FRAUD HE DID NO ONE CAME TO MY 341 HEARING HOWEVER I HAVE TWO TRUSTEE FROM THE DEPARTMENT OF JUSTICE ONE IS CHRISTINE A. MARCH FOR THE SOUTHERN DISTRICT OF TEXAS, THE SECOND IS HECTOR DURAN U.S. DEPARTMENT OF JUSTICE.

    THERE IS INTEREST AS I STATED IS IN BARRETT, DAFFIN, FRAPPIER, TURNER AND ENGEL ASSIGNMENTS, I AM PERFECTING TO THE BEST OF MY ABILITY AN EXPLANATION TO DEMONSTRATE TO THEM WHY? WHAT THEY ARE DOING IS ILLEGAL.

    AND FRAUD ON THE COURT IN MY NOTICE OF SALE AND TRANSFER OF DEED OF TRUST BARRETT AND FIRM HAD ENOUGH SENSE NOT TO RECORD ANYTHING WITH THE COUNTY CLERK THEY JUST MADE THEN CHANGES ON PAPER WITH NO PHYSICAL ASSSIGMENTS JUST MADFE THE CHANGES ON PAPER AND WAS GOING TO SELL MY HOUSE !!!!!!

    i AM STILL IN SHOCK WE HAVE ASKED WELL WHO GAVE YOU AUTHORITY, SO THIS IS WHAT THE REGIONAL U.S. TRUSTEE STATED CONVERT TO CHAPTER 13 WAIT FOR THEM TO FILE EITHER A PROOF OF CLAIM OR RELIEF FROM AUTOMATIC STAY, AND FOR EITHER SHE THEY WOULD TO DEMONSTRATE STANDING AND IF THEY DO NOT SHE WILL PERSONALLY INTERVENUE IN MY CASE. A SEPARATE LAWSUIT HAS BEEN FILED AGAINST BARRETT, DAFFIN, FRAPPIER, TRUNER AND ENGEL LLP WE ARE ASKING THE ATTORNEY GENERAL TO EITHER INTERVENUE TO SUBMIT A FREINDLY BRIEF TO THE COURT.

  67. BRIAN, MY HERO !! YOU THE MAN. YOU KNOW ED (FAT BOY TREDER) IS OUR DEFENDANT ATTORNEY. WE GO BACK TO COURT ON JANUARY 27TH. MAN, YOU OUGHT TO SEE THE SMILE ON OUR FACES. ED’S A REALLY FAT SCUM BAG.

    THANKS SO MUCH WITH SHARING THIS WITH US.

    THERE GOING DOWN !!!!!!!

  68. Ok, folks, we need to address the “free house” argument and I have made two arguments to the judge in my case–i think she gets it. I made the following argument last friday (now understand I know her honor 30 years!) Upon raising the free house argument I said this: Your Honor please listen to this. “Your clerk’s phone just rang, he passes you note which says your husband just went to St. Luke’s with a heartattack. You excuse yourself from the bench, rush to your car and pull out onto Oak. There is a traffic light there and it has acamera on it. Its red but you look both ways and go thru the light. You get to the hospital, your husband is ok. About 2wks later you get a letter in the mail from our traffic court asking you to appear. You go to TR (initials of chief traffic ct judge) courtroom and he says A___, you ran a red light. You say yes, BUT i looked both ways and I was going to the hospital as my husband had a heart attack. He says A–you are a judge of this court and you know better. The camera caught you and you owe us $250. She says but T___ everyone does it when there is an emergency. He says A, you know we put that camera on that light for exactly that reason. Pay up. She does. She goes back to her office and tells her staff who say Your Honor, w paid the fine ten days ago for you! She calls T and says why did you fine me–my staff paid the bill. And he says, well that’s the way it goes A___. She calls and reports him to the judicial committee.
    Now her Honor and her law clerk could not stop laughing. The defendant trustee on whose motion we were ther on just sat there stunned at my “audacity”. She said “I get it Gwen”
    That’swhat we have to do–make it stupid simple. And that’s what the banks are saying–we have done it all the time and why should it change–and when we say but you got paid, they say so what–and we go to ct and say you don’t get it twice. I won the motion that day and I doubt her honor will bring up the free house again– You have to explain it in terms they get–and she said at the beginning of the hearing she just did not get a lot of this stuff and needed me to exlain it to her in ways she could understand. I did. I won the day.

  69. one attorney told me they would chase me until emblamed for every penny….and did not care if i was forced in to bankruptcy. Granted I offerd a fair market value short sale and begged them to take it, they refused…and now the property has lost $90,000 more in value. THE Bank admitted they knew we could not afford to make the payments as agreed and they knew we could not repay them, but they want paid a default interest rate of 18% or $115,000 for two years default interest….

  70. Give ’em hell, BD! Resistance is victory!

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