HIGH COURTS IN NJ AND MA JOIN OTHER STATES KNOCKING DOWN PRETENDER SHELL GAME

ONE ON ONE WITH NEIL GARFIELD ONE ON ONE WITH NEIL GARFIELD

COMBO ANALYSIS TITLE AND SECURITIZATION

SEE nj-game-over-standing-required-no-pretender-lenders-allowed-personal-knowledge-required-to-authenticate

SEE ibanez-huge-win-for-borrowers-in-massachusetts-non-judicial-state-high-court

Maybe the Game IS Over

Show me the law! That was the answer I was getting from skeptical lawyers and Judges three years, 2 years ago and even six months ago. Now there are high Courts and trial courts from Coast to Coast that are answering. It isn’t “new law” as the lawyers for the banks are suggesting, and it isn’t about a free house for borrowers.

In plain language this is about the application of law that has governed business conduct for centuries with the consequential effect of (a) preventing intervening parties from avoiding the requirements of due process and getting title issued to a house in which they never had any interest (a free house for pretender lenders) and (b) opening the door to the inner sanctum where the real parties in interest can interact in ways that will settle the mortgage mess (corruption of title and fraud) in a direct manner as best as possible under the circumstances.

Wall Street and those who protect Wall Street in government having nothing left but scare tactics — as if overturning millions of fraudulent transactions and foreclosures would somehow result in in the end of the world or weaken our nation. President Sarkozy answered that ridiculous assertion in sharp words to Jamie Dimon at the Davos conference when he pointed to the wild irresponsible schemes that others have less gently refereed to as criminal fraud. Sarkozy was speaking for the head of every government in the world and every central banker except perhaps a select few who were providing lubricant to Wall Street’s contrivances during the period of 2001-2009.

If our position in the world depends upon protecting those who commit fraud, if our credibility is seen as depending upon maintaining a status quo in which millions go starving and homeless, if the light we shine blinds the eyes of people who wish to see, then we have forsaken our heritage, and forever changed and corrupted the ideal that the United States of America is a nation of laws, in which here, better than anywhere else on Earth, here is where the people are free to pursue truth, justice and prosperity under the watchful eye of a protective government.

47 Responses

  1. RECLAMATION DEED RECLAIM YOUR PROPERTY!! FIND OUT ABOUT GEORGE BABCOCK RECLAIMING AMERICA ONE YARD AT A TIME. MA.& RI & CT.IF YOUR HOME HAS BEEN FORECLOSED ON CALL US WE WILL MAKE IT RIGHT FOR YOU. WE CAN HELP YOU RIGHT AWAY! NO FAMILY LEFT BEHIND! BUDGET PLANS FOR EVERYONE.WE CAN HELP YOU STAY IN YOUR HOME. THE BANKS MADE A LOT OF MISTAKES IN THE PAPERWORK AND WE OFFER TO FIND THEM.FREE CONSULTATION ON ANY LEGAL MATTER.CALL KIM THOMAS 401-352-5609 or 401-274-1905. WE CAN HELP THE LAW OFFICES OF GEORGE E.BABCOCK ………………………………………………………………………ESQUIRE. CHECK OUT OUR WEBSITE: http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.babcocklawoffices.com%2F&h=911e4
    IF YOU HAVE A MERS WHICH STANDS FOR MORTGAGE ELECTRONIC REGISTRATION SERVICES WHICH WOULD BE IN MOST CASES ON THE 1ST PAGE OF YOUR MORTGAGE PARAGRAPH C. CALL KIM THOMAS OR GEORGE BABCOCK AT 401-274-1905 AND GET RELIEVE FROM YOUR PROBLEM!

  2. Arizona Consumer Complaint Office
    The link as follows:

    http://www.azag.gov/consumer/complaintform.html

    If your neighborhood has been decimated and deflated with one foreclosure after another then be pro-active and fill out the form. Explain that this is nothing but destruction of property and you refuse to pay for the crimes committed by Wallstreet, the Banks, and the Servicer. .

  3. Arizona Consumer Complaint Office
    The link as follows:

    http://www.azag.gov/consumer/complaintform.html

    If you neighborhood has been decimated and deflated with one foreclosure after another then be pro-active and fill out the form. Explain that this is nothing but destruction of property and you refuse to pay for the crimes committed by Wallstreet, the Banks, and the Servicer. .

  4. dt

    I believe this is a wordpress glitch, this has happened waaaay too many times here too me .
    fwiw..All software is beta, HOW mature is that beta determines the usability !

    Karen Pooley,
    The only thing they are protecting is the self-interest of a few bankers….oops, criminals.

    how true!!! & ” oops, criminals.” they are all CRIMINALS, including All the ALPHABET soup stooges….i mean regulators.

  5. well that answers my next question. Thanks anon

  6. Mary

    De-register – Form 15 -D just means they no longer have to report to SEC — which means — they can do whatever they want — and sell collection rights anywhere they choose — and no one will know — because all deregulated.

    Up to courts to enforce discovery. Starting to make a dent in courts. But, many judges still behind.

  7. Hey, you guys remember when there was that national foreclosure moratorium and there wasn’t a whole lot of fuss from servicers, media or investors, then this time around when people were calling for a moratorium it met with much resistance. Anyone wonder why? I think I know why.

    Remember around the first moratorium Obama was pumping out major stimulus funds supposedly to “create jobs”, well apparently the cost per job ratio for the number of jobs he did create was something like $400,000 per job. The reason why any of this is relevant is because all the jobs he created were Government jobs which also went towards the shortfall of Governments’ losses from MBS investments and ALSO TO RUN THE CLOCK ON THE STATUTE OF LIMITATIONS FOR THE PENSION FUNDS TO FILE SUITS AGAINST SECURITIZERS.

    angry & NOT TAKING IT,
    Not sure why, but he keeps blocking my comments with links, so I reposted without the links

  8. this is disturbing… so why ?

    DyingTruth, on February 2, 2011 at 8:40 am said:

    Neil,
    Why do you keep moderating my comments, especially when I’m posting info that’s critically important to investors also?

  9. I have been listening to the snake oil sales pitch from Wall Street and the Federal Governement and I have to say I am sick to my stomach, and we have been talking about fraud???

    The are pumping the stock market like there is no tomorrow, every tenth of a percentage the unemployment goes up or down, they scream recovery, every tenth of a percentage the spending goes up th cream recovery.

    What do the call 400,000 more Americans on food stamps and that comes on top of the 43,000,000 already under this food assistance program. What this means is that if these 43,000,000 Americans did not receive this help we would have 43,000,000Americans in total starvation.

    This is also on top of the 18,000,000 homes athat are currently vacant in the USA.

  10. To Mr. Davies, I can’t believe this…..the loan servicer can obtain standing by showing that it is the servicer for the loan by evidencing an agreement with ?

  11. Neil,
    Why do you keep moderating my comments, especially when I’m posting info that’s critically important to investors also?

  12. brian davis,
    regards Fawnbridge Partners, your posted scribd, on page 6/12 –
    “BAC also relied on correspondence by the Darlings to Bank of America on October 30, 2009, as evidence of it’s standing, contending that the correspondence constituted an admission by the debtor that BAC was entitled to enforce the note”.

    See, that statement is why I do not respond to credit card collection calls or letters. I do not send debt vertification letters to Collection Companies. Who are they to send me a piece of paper that says I am to send them money for so and so debt. Why don’t you send me proof of debt to YOU Collection Company along with your collection letter? Ah, you don’t have it. But by me agreeing to return a response of some sort, you will use that against me by saying I responded.
    See, they trick you. Just like when you send in your IRS tax form, you have to sign it, this makes you agree to the tax. I sent in my tax form one year and forgot to sign it, IRS sent it back saying I needed to sign the form before they could accept it, which I did…….but you get the idea, they want you to agree to the debt.

    In my written letter to my new servicer of 6 months now, I sent in a QWR sort of. See, I wrote it in such a way that I did not agree to the mortgage or payment they want me to make every month. I just asked for info regarding the loan in question on their letter to us. I didn’t agree to the loan nor say we owed it or anything like that, I just asked for info regarding the loan number in question. Well, who the hell are you to send me a piece of paper that says send us money for your mortgage payment, why din’t you send proof along with the first letter stating you are my new servicer of such and such loan, who Mr servicer gives you this right and how do I know this is for real, anybody can send a piece of paper to anybody, make it look all official, and say we are your new servicer.

  13. @brian davis,
    regards Fawnbridge Partners, your posted scribd, on page 6/12 –
    “BAC also relied on correspondence by the Darlings to Bank of America on October 30, 2009, as evidence of it’s standing

  14. Also says Certificate of termination

  15. Loan went into a trust that deregistered (form 15)

    Date 1/08 and assignment done on 6/09.

    There is also an entity filed in delaware almost identical to trust name,

    Is it legal to place a loan in such? Let alone way past the cut-off/closing date.

  16. Ok everybody “ASIGNMENTS” 101

    Google: SEARCH

    “Transfer and Assignment ASF White Paper
    Tom Deutsch”.

    CLICK ON LINK

    http://www.americansecuritization/…/asf_white_paper_11_16_10.pdf

    KNOWLEDGE IS POWER!! THE WAY ASSIGNMENTS ARE SUPPOSED TO TAKE PLACE ON WALL STREET. Enjoy!

  17. Brain Davies “YOU ROCK” BRO!!

  18. Hey, you guys remember when there was that national foreclosure moratorium and there wasn’t a whole lot of fuss from servicers, media or investors, then this time around when people were calling for a moratorium it met with much resistance. Anyone wonder why? I think I know why.

    Remember around the first moratorium Obama was pumping out major stimulus funds supposedly to “create jobs”, well apparently the cost per job ratio for the number of jobs he did create was something like $400,000 per job. The reason why any of this is relevant is because all the jobs he created were Government jobs which also went towards the shortfall of Governments’ losses from MBS investments and ALSO TO RUN THE CLOCK ON THE STATUTE OF LIMITATIONS FOR THE PENSION FUNDS TO FILE SUITS AGAINST SECURITIZERS.

    http://www.dandodiary.com/2011/01/articles/subprime-litigation/barclays-subprime-related-securities-suit-dismissed/

    http://news.businessweek.com/article.asp?documentKey=1376-LBFI2Z6S972801-7I5JFJR1HG314L3FJHCLRJK93A

    This should be definitive proof of Federal Government collusion with the Investment and Securities Banks.

  19. To Ian and
    I have the ame problem with DB. They “deregistered” soundview opt1 2006 in 2007. I have a robo assignment against my property dated 2008 transferring my DoT to that trust.

    To my understanding technically deregistering with SEC means only that the number of investors has fallen below a certain number. Whether that means a trust is terminated is an open question isn’t it?

  20. Does anyone else see the value in this case? State law versus preemption and note stripping…

    http://findsenlaw.files.wordpress.com/2011/01/1236-2-logan-v-world-savings-bank.pdf

  21. If your property is foreclosed on and you do not owe the bank money. Then you should be able to sue for Quiet Title?

    Being Creative

  22. As to the discussion about how the world sees America, yes, hats off to Neil for another insightful post.

    Read the piece at Naked Capitalism by the former Director of the CIA’s counter-terrorism center. It’s scathing to say the least. We aren’t the same America that we were a few decades ago when we lent our hands to those in need across the globe.

    The same demons that we’re fighting with in the banking community are infested in the ranks of foreign policy as well. A must read, but a shameful one at that.

    http://www.nakedcapitalism.com/2011/02/guest-post-former-director-of-the-cia%e2%80%99s-counter-terrorism-center-american-policy-in-the-middle-east-is-failing-because-the-u-s-doesnt-believe-in-democracy.html

  23. http://www.scribd.com/doc/48008910/CASE-FILE-Connecticut-Bankruptcy-Rule-2004-Exam-Creditors-False-Docs-in-Re-Tiffany-M-Kritharakis-2

    GOOD LOG OF THE CASE FILE AND DOCKET WITH THE PLEADINGS AND REUTERS NEW ARTICLE ON DEUTSCHE BANK NATIONAL TRUST. NO PROTECTIVE ORDER FOR THESE SCUM BAGS. MAKE THEM ANSWER TO THE FRAUDULENT DOCUMENTS PROFFERED IN OUR COURTS.

  24. mary- gsamp is Goldman Sachs Alternative Mortgage Products. The question is, where did the loans which make up this trust come from? To start it up in 2007 and shut it down in 2008 is suspicious. Probably similar to money laundering, but this is mortgage note laundering.

  25. Question:

    How does a Plaintiff assert that a loan was placed into lets say: GSAMP2007HE2;

    On or about March 09 and thereafter: but

    GSAMP2007 HE2 filed Form 15, Notice of Termination of Registration, on January 29, 2008?

    There is also an entity filed in delaware: GSAMP2007 HE2 N, llc.???

  26. […] HIGH COURTS IN NJ AND MA JOIN OTHER STATES KNOCKING DOWN PRETENDER SHELL GAME Tags: credibility, forsaken, fraud, heritage, justice, laws, millions, nation, prosperity, status quo, truth Posted in Uncategorized […]

  27. WASHINGTON — The Federal Reserve Board of Governors confirmed Tuesday that it will not proceed with plans to gut a principal federal remedy for predatory lending.

    As HuffPost reported last week, the central bank had already quietly made that clear to legal experts and fair-lending advocates, who had opposed the rule change. Principal regulatory authority on the issue will now shift to the new Consumer Financial Protection Bureau, which is not expected to revive the earlier Fed proposal.

    “The Board has determined that proceeding with the 2009 and 2010 proposals would not be in the public interest,” the Fed said in a press release. “Accordingly, the Board does not expect to finalize the August 2009 and September 2010 proposals prior to the July 2011 date for transfer of rulemaking authority to the CFPB.”

    http://www.huffingtonpost.com/2011/02/01/federal-reserve-rescission-abandon_n_817177.html

  28. 🙂 🙂 🙂

  29. http://www.thinkbigworksmall.com/mypage/archive/1/57831/

    robosigors video–nod in non judicial states have a problem. Like NDEX WEST LLC a subsidiary of dolan media. They signed and they lied about it.

  30. Judge Buford Bankruptcy Court California was the only one to get. He just retired.

    Neil do you remember Judge Buford?

  31. kickboxer- I also think that that is a timeless quote from NG, on par with “This day shall live in infamy” and others. America is/was always held in such high regard by those in other countries trying to emigrate here (legally) the saying engraved at Ellis Island goes like “Give me your tired, your poor, your huddled masses yearning to breathe free”. And here we are. And for the last 200+ years it has sparkled above the rest of the world as a place of hope and prosperity. And now we have all these loser financial types and politicians flushing it all down the toilet. I don’t like it.

  32. This paragraph speaks volumes:
    “If our position in the world depends upon protecting those who commit fraud, if our credibility is seen as depending upon maintaining a status quo in which millions go starving and homeless, if the light we shine blinds the eyes of people who wish to see, then we have forsaken our heritage, and forever changed and corrupted the ideal that the United States of America is a nation of laws, in which here, better than anywhere else on Earth, here is where the people are free to pursue truth, justice and prosperity under the watchful eye of a protective government.”

  33. Jan
    if New Century can continue its ordinary business does that also mean it can ‘repurchase’ loans it sold to other banking/investment entities which then securitized the mortgage loans?

    in my case, I asked the question in informal discovery if New Century had repurchased my loan. the answer came back no

    but I assume they can do repurchases

    would a repurchase have to have the bkr trustee or judge’s approval?

    ALSO NOTE: typically New Century was very clever in that in their agreements with banks/investiment houses they limited the repurchases to 2% of the loans in any mortgage pool. so in the pool my home loan was in that would mean out of 4200 loans they would ONLY have to repurchase no more than 84 loans.

    I think the JPMAC2006-NC1 securities trust had a default rate of over 25% (4200 loans in a near billion dollar deal).

  34. RHODE ISLAND & MASSUCHUSETTS & CT FAMILYS.OVER 300 MERS CASES CURRENTLY WITH EVERYONE STILL IN THEIR HOME!! CALL THE LAW OFFICE OF GEORGE E.BABCOCK AT 401-274-1905 WE ARE THE MERS EXTERMINATORS.NO FAMILY TURNED AWAY!BUDGET PLANS AVAILABLE FOR YOUR DEFENSE!!WE CAN HELP YOU STAY IN YOUR HOME. POSSIBLY GET PRINCIPAL REDUCTION AND IN SOME CASES INTEREST RATE DEDUCTIONS. THE BANKS MADE A LOT OF MISTAKES IN THE PAPERWORK AND WE OFFER TO FIND THEM.FREE CONSULTATION ON ANY LEGAL MATTER.CALL KIM THOMAS 401-352-5609 or 401-274-1905. WE CAN HELP THE LAW OFFICES OF GEORGE E.BABCOCK ……………………………………………………………………ESQUIRE. CHECK OUT OUR WEBSITE: http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.babcocklawoffices.com%2F&h=911e4
    IF YOU HAVE A MERS WHICH STANDS FOR MORTGAGE ELECTRONIC REGISTRATION SERVICES WHICH WOULD BE IN MOST CASES ON THE 1ST PAGE OF YOUR MORTGAGE PARAGRAPH C OR YOU HAVE A MORTGAGE WITH INDYMAC OR ONE WEST BANK CALL KIM THOMAS OR GEORGE BABCOCK!!!!!See MoreSee MoreSuccess Fighting Foreclosure with Produce the Note
    http://www.youtube.com
    http://www.consumerwarningnetwork.com/2009/02/09/success-fighting-foreclosure-with-produce-the-note Rhode Island Attorney George Babcock is finding success using the “Produce the note”

  35. .
    Quoting Neil: “…if our credibility is seen as depending upon maintaining a status quo in which millions go starving and homeless…”

    Many agree with you: http://www.zerohedge.com/article/sarkozy-goes-postal-jamie-dimon-says-bankers-made-world-madhouse
    .

  36. Thanks , the info is helpful.

  37. Mary, I have a similar situation. American Broker’s Conduit filed CH11 approx. one month after my loan funded. To my knowledge they have never even had a first creditor’s meeting.

    Ian, thank you for your insight! I never considered nonpayment of MERS or ABC fraudulently sticking it to the creditors. I did consider, however, that some trustee should have been supervising the distribution of assets once the entity filed BK?

  38. to MARY:
    The MERS membership would not be invalidated by the BK Court. However, depending on the Filing, the Schedules “might” indicate an intention to abandon the Subscription.

    The assets cannot be sold without Court Approval. I am assuming that you were dealing with New Century. The NC Trustee has attempted to assert that the removals of assets was in conformance with a particular section of the BK Code that relates to securitized and unpaid instruments. That attempt is hogwash. It has been defeated already by others.

    Since the Company is in Ch 11 it is a “Debtor in possession” and can continue its ordinary business. Thus in theory it should have the authority to do modifications, to the extent that doing so is part of their ordinary business activities. If not, then it would require Court Approval.

    The arguments about bifurcation are an ongoing and raging debate and each case would have to be carefully considered on its merits. No one can make a blanket comment.

  39. Mary- if things were in such a state that your lender filed ch11, there is a good chance that they didn’t pay their MERS bill. If they didn’t pay their MERS bill, then they couldn’t use MERS as a purported assignee,designee,benificiary or agent or whatever.If they couldn’t use MERS, then the “lender” (table funder) to MERS to XYZ Trust is void.
    You can find out through the bk trustee as to the payment of MERS bills, also if the “sale” of the mortgage(s) was authorized, otherwise it is considered a fraudulent conveyance. Basically, this type of fraudulent conveyance is where the co. starts selling assets prior to a bk filing and further sticking their creditors.

  40. .
    “…if our credibility is seen as depending upon maintaining a status quo in which millions go starving and homeless…”

    You have some powerful backers, Neil:
    http://www.zerohedge.com/article/sarkozy-goes-postal-jamie-dimon-says-bankers-made-world-madhouse

    Thanks to translate.google.com we can read any newspaper we want… Merci Monsieur Sarkozy
    🙂
    .

  41. Florida:

    If originating lender filed chapter 11 bankruptcy in delaware 2 months after closing loan and no record of sale prior to such, (legal equitable transfer) mers listed on docs:

    1. Is mers membership terminated?

    2. Who can authorize a modification and assignment of mortgage?

    3. Is the note and mortgage bifrucated since mers does not have any beneficial interest in the note and only has limited powers?

    4. Does Mers or Servicer have to get authorization from the bankruptcy court to do anything with said mortgage and note?

  42. Hey Brian, I have followed your posts and want to thank you for your contributions. Congratulations on your recent BK win!

  43. If you were listening to Ally Financial’s fourth quarter earnings conference call this morning (as I was) you would’ve been struck by two things: (1)Boy, this company loves all facets of the auto finance business (2)it doesn’t seem to fear, in the least, residential buyback claims from investors who bought GMAC’s nonprime MBS during the go-go years. It also appears that the company may’ve inked a sweet deal with Fannie Mae, paying $462 million to the GSE to settle buyback liability tied to $292 billion of originations. (The sweet part: no worries on future claims.) Company officials tried to portray the nine-month Fannie buyback talks as hard fought with neither side being a “pushover.” But think about this: Fannie is owned by Uncle Sam, who also owns 73.8% of Ally, the parent of ResCap/GMAC. And when Ally goes public Uncle hopefully gets back the $15 billion it pumped into the bank holding company. We shall see. Meanwhile, Ally executives portrayed the PLS buyback claims as being, well, nebulous, noting that the original reps and warranties on these non GSE bonds favored the issuer, not the investor. Then again, keep in mind that the titans of Wall Street who made the subprime and alt-A MBS market into a Frankenstein monster, operated under this premise: We’re Wall Street. We’re big boys. We know what we’re doing…

  44. The only thing they are protecting is the self-interest of a few bankers….oops, criminals.

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