AZ Legislators Consider Forcing Pretender Lenders to Disclose

http://azleg.granicus.com/MediaPlayer.php?view_id=13&clip_id=8276

SB1259 Testimony starts at 34:30

Senator Michele Reagan comments start at 35:35

Wendy Briggs (Lobbyist for Arizona Bankers Association) comments start at 38:20

William Hultman (Senior Vice President of MERS Inc.) comments starts at 44:20

Lee Miller (Lobbyist for Arizona Trustee Association) comments start at 53:50

Darrell Blomberg (Self) comments start at 58:50

Bev Hall (Self) comments start at 1:10:30

Senator Michele Reagan wrap up starts at 1:14:35

SB1259 testimony ends at 1:17:15

Notice how Bill Haultman from MERS lies through his teeth.  I sent a copy of a previous deposition that he had done to the committee members after the hearing along with some other info on MERS that clearly contradict statements he made to our senate members.  Is that considered perjury?  to lie to senators in a public hearing?  I wonder.

13 Responses

  1. Email these people !

    panel members email adresses

    MReagan@AZLeg.gov (Michele is one of the three sponsors of SB 1259)

    jmccomish@azleg.gov
    abiggs@azleg.gov
    KHobbs@AZLeg.gov
    LAlston@AZLeg.gov
    KSinema@AZLeg.gov

  2. A copy of SB 1259 should be sent to every single so-called representative with a DEMAND that a similar law be passed. Enough of this bull****.

    Be it enacted by the Legislature of the State of Arizona:
    Section 1. Title 33, chapter 6.1, article 1, Arizona Revised Statutes, is amended by adding section 33-807.02, to read: 33-807.02. Nonoriginator foreclosures; evidence of title; remedy; attorney fees

    A. FOR ANY BENEFICIARY WHO IS NOT THE ORIGINATING BENEFICIARY ON THE
    DEED OF TRUST, THE BENEFICIARY SHALL RECORD A SUMMARY DOCUMENT REGARDING THE BENEFICIARY’S LEGAL INTEREST IN THE DEED OF TRUST THAT CONTAINS THE FOLLOWING INFORMATION IN CHRONOLOGICAL ORDER:

    1. THE FULL NAME AND ADDRESS OF RECORD OF EVERY PRIOR BENEFICIARY ON THE DEED OF TRUST.

    2. THE DATE, RECORDATION NUMBER OR OTHER UNIQUE DESIGNATION OF THE
    INSTRUMENT, AND A DESCRIPTION OF THE INSTRUMENT THAT CONVEYED THE INTEREST OF EACH BENEFICIARY.

    B. THE SUMMARY DOCUMENT PRESCRIBED BY THIS SECTION SHALL BE RECORDED
    AT THE SAME TIME AND PLACE THAT THE NOTICE OF TRUSTEE’S SALE IS RECORDED
    PURSUANT TO SECTION 33-808 AND A COPY OF THE SUMMARY DOCUMENT SHALL BE
    ATTACHED TO ANY NOTICE OF TRUSTEE’S SALE THAT IS REQUIRED TO BE PROVIDED AS
    PRESCRIBED IN SECTION 33-809.

    C. FAILURE TO PROPERLY RECORD THE SUMMARY DOCUMENT THAT DEMONSTRATES
    EVIDENCE OF TITLE FOR THE FORECLOSING BENEFICIARY AS OF THE DATE OF THE
    TRUSTEE’S SALE AS PRESCRIBED BY THIS SECTION RESULTS IN A VOIDABLE SALE.

    D. ANY PERSON WITH AN INTEREST IN THE TRUST PROPERTY MAY FILE AN
    ACTION TO VOID THE TRUSTEE’S SALE FOR FAILURE TO COMPLY WITH THIS SECTION AND
    IS ENTITLED TO AN AWARD OF ATTORNEY FEES AS WELL AS DAMAGES AS OTHERWISE
    PROVIDED BY LAW IF THE PERSON SUBSTANTIALLY PREVAILS, INCLUDING AN AWARD OF ATTORNEY FEES FOR ANY INJUNCTION OR OTHER PROVISIONAL REMEDIES RELATED TO THE CLAIM.

  3. Neil,

    I found this article on the website of The Law Office of J. Thomas Black, a Houston, TX bankruptcy/debtor attorney. This is helpful information for Texans in order that we get our voices heard…

    “Feb. 2011 Client Bulletin – Have a Beef With Your Mortgage Company? Let Mr. Black Tell Your Congressman!/

    Feb. 11, 2011
    Return To Archives

    Mr. Black WILL BE HEADING FOR CAPITOL HILL in April on his annual lobbying trip as a member and State Chairman of the National Association of Consumer Bankruptcy Attorneys (NACBA). So many clients have been complaining about their frustration with trying to obtain a Loan Modification from their mortgage companies, particularly through the government’s Making Home Affordable (HAMP) program, that Mr. Black will be taking letters from these clients to give directly to the Members of Congress.

    Mr. Black constantly hears stories of people having to submit their Loan Modification paperwork numerous times, only to be told it was lost. Or, mortgage companies continuing with foreclosure while the Loan Modification process keeps dragging on, sometimes for many months, or other problems.

    If you are one of these people, someone that has tried to get a Loan Modification but have failed, and you want Mr. Black to make sure Congress receives your letter, write or type a letter, explaining what happened. Try to keep it to a maximum of 4 pages. Address the letter to “Member of Congress” and tell us in the letter if you are willing to speak with a reporter or other member of the media about your story.

    Mortgages used to be made by your local savings and loan, and if you had a problem you could go down and speak with the loan officer in person and straighten it out. No longer! Now mortgages may be “originated” by someone local, but then they are “securitized” or wrapped into bonds and sold to investors, who may be your neighbors or may be people in China or big mutual funds or pension plans.

    The “mortgage company” that you know, is really only “servicing” the loans, sending out monthly bills, collecting the payments and seeing that the investors receive their money, in exchange for a % of the loan, usually .25 to .50% of the loan principal per year, plus the escrow “float” interest, and all the late fees and other charges that they can collect.

    If you call some mortgage servicers these days, if you can reach anyone at all, you may find yourself speaking to someone in Mumbai, India and find it very difficult to solve a problem, if not impossible. Why? The mortgage servicer that bought your servicing rights wants to spend as little as possible for customer service.

    You have rights to have your complaints heard by your mortgage servicer, through a federal law known as the Real Estate Settlement and Procedures Act (RESPA). Your complaint must be in writing and sent to the address that your mortgage company uses for “Qualified Written Requests.” For information about how to do this, go to http://www.ftc.gov/bcp/edu/pubs/ consumer/homes/rea10.shtm.

    If you are in deep trouble with your mortgage or other debts and want to discuss your alternatives, call and speak to Mr. Black at 713-772-8037, or email tom@jthomasblack.com.”

  4. Let’s hope the law passes the AZ legislature. It is an excellent beginning to move MERS out of the picture all together.

    The lies are just standard procedure it seems for people who are employed in financial systems related to mega banks. Hultman needs to be indicted. Burmese8@yahoo.com

  5. Just pray there are judges who believe in
    law and upholding law
    I never thougt we would have to beg for basic justice
    the fundamental
    problem is the industry went unregulated for way way too long

  6. Did anyone catch the confession by VP MERS? He said the land recording where paid for by the borrower.

    Now remember MERS was created to avoid fee.

    The guy confesses the banks never paid them anyway!!!!!!!

    So what exactly is the point of MERS again? Why was it REALLY created?

    The MERS Enterprise was a income tax avoidance scheme. The county fees where always in the closing costs before MERS.

    Makes me wonder why a MERS senior VP is coming out to a sub-committee hearing and insisting to testify. I smell blood in the water!

    Furthermore how do we know this is a “real” MERS VP and he didn’t just go buy the VP stamp the sell for
    $25

  7. judge,

    you have to tell how to contact. i am willing and able to tell the AZ Legislator about these hultman who is a participated in foreclosure fraud.

  8. I can give a little background on Mrs. Reagan.
    She was victimized by banks too. She was personally sued in Federal Court for asking “Where’s the note?”.

    Here’s a TV News clip about it.
    http://www.kpho.com/video/23009083/index.html

    I emailed back in April her after seeing the clip on the NEWS.
    A link to http://www.frauddigest.org which has rock solid irrefutable proof of fraud and most importantly … irrefutable proof of crimes.

    I also sent her this cite which is dear to my heart…

    IN RE HAWKINS, Bankruptcy Court, D. Nevada 2009

    ……..for there to be a valid assignment for purposes of foreclosure both the note and the deed of trust must be assigned. A mortgage loan consists of a promissory note and a security instrument, typically a mortgage or a deed of trust. When the note is split from the deed of trust, “the note becomes, as a practical matter, unsecured.” RESTATEMENT (THIRD) OF PROPERTY (MORTGAGES) § 5.4 cmt. a (1997). A person holding only a note lacks the power to foreclose because it lacks the security, and a person holding only a deed of trust suffers no default because only the holder of the note is entitled to payment on it. See RESTATEMENT (THIRD) OF PROPERTY (MORTGAGES) § 5.4 cmt. e (1997). “Where the mortgagee has `transferred’ only the mortgage, the transaction is a nullity and his `assignee,’ having received no interest in the underlying debt or obligation, has a worthless piece of paper.” 4 RICHARD R. POWELL, POWELL ON REAL PROPERTY, § 37.27[2] (2000).

  9. judge,

    how could i do that? can i just called and tell them how mr. hultman lied ? let me know. email me bootsaniel1952@yahoo.com

  10. Hey “Boots”- Send an email with that court information to all of the board members !!!!!!!!!!!!!! It would help Tremendously !!!!!!!!!!

  11. these guy bill hultman should be hanged. he lied to me when i asked him to confirm an employee’s name who signed an assignment of deed, if she was an employee of MERS way back in 2009,
    the truth is she is a notary and employee of GMAC Mortgage, LLC down in pennsylvania. glad Bk court discharged this debt .

  12. Would the real lender please stand up? Sounds like a comedy show and now related to our homesteads! What in the world is going on? Liars and thieves are in charge of our financial future. What a disgrace. Debi

  13. Excuse me for a minute, but I’m about to go ballastic…..”real disclosure of the LENDER”…..CONSIDERING? Good greif Charlie brown, WHAT THE HELL HAPPENED TO REAL LAWS AND PROPERTY MATTERS IN AZ?

    I need a beer!

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