WHILE YOU WERE BUYING OR LENDING …. THE TITLE SLIPPED AWAY FROM YOU

COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary COMBO TITLE AND SECURITIZATION SEARCH AT LUMINAQ

WELL IT TURNS OUT SOME PEOPLE ARE LISTENING VERY CLOSELY — THE BUYERS OF REO AND FORECLOSURE PROPERTY AND THOSE WHO WANT TO LEND ON THE PURCHASE OF SUCH PROPERTY. THEIR QUESTION: WHAT CAN YOU DO TO FIX THE TITLE SO WE KNOW WE OWN IT AND WE KNOW WE ARE IN FIRST POSITION AND NOTHING CAN PUSH US ASIDE?

Investors, home-buyers, community banks and credit unions and well as “hard money” lenders and other sources of capital are starting to wonder whether the property they just bought from an REO portfolio was really owned by the seller and some lenders are wondering whether the prior “Securitized” obligations are actually satisfied or cleared from the title record. Property lawyers across the country are questioning the validity of the auctions, “credit bids”, notices of default, certificates of title and trustee deeds even in cases of private sales or refinancing of the property. Most have concluded that title is clouded or defective requiring additional documentation, and probably a judicial modification or declaration of rights to title and lien priorities.

These are sophisticated players and they understand full well that if the largest investment banking houses in the world can crash, so can a title company. Title policies are no substitute for actual ownership or first lien position. A title policy only provides compensation if the policy covers the insurable event, if the insurance company doesn’t claim rescission due to fraud, and if the insurance company has the money to pay the claim. We have investors that are buying as many as 300 properties per month and now wondering what they own. We have banks that are willing to provide financing on purchases of proeprty that was at one time claimed to be subject to a securitized loan, wondering if those liens were real and how to get rid of them because of the obvious breaks in title, robo-signing, forgeries and fabrications.

Enter www.livinglies.wordpress.com and www.LUMINAQ.com, our new store (the old store will continue to run for a while). Through our  COMBO report (obviously with special pricing for big volume customers) we give you the identity of the parties that could make an equitable or legal claim against the property and we’ll even refer you to one of our lawyers to file quiet title actions. It’s the same story as for the homeowners, only after the foreclosure sale has supposedly been completed at “auction.”

16 Responses

  1. Dyingtruth,

    I left the mortgage brokers office and upon escrow closing. I was to go to the office of Stewart Title of California and this is where I signed final loan closing documents in front of a notary. Kellie Atkinson of 2006. I was provided with loan closing documents all in blank, copies, received upon leaving.

    My forensic loan auditor stated I was placed in a loan I could never afford. Income increased. I return to the brokers office to gather missing Forms 1003, the “Universal Residential Loan Application”.
    These forms were not included in the escrow closing packet and these finding were suggested by M. Soliman’s website. Thank god he’s here. So returning to the brokers office to retain copies, in 2009, the loan application, Form 1003, was signed by broker but not by myself.

    This became the challenge. I should have listen to Soliman for help but I went with USloanauditors for help instead. USloan auditors did nothing but allow my home to go into foreclose. Jerry Brown has a $60 million lawsuit against them.

    The lender sold or gave the home to Deutsche Bank at auction. I tried to challenge Unlawful detain er and requested an investigation per Neils advice but I still lost.

    Only by the assistance of the Department of Corps in C.A. did I receive a copy of the mortgage note. It is called the “Adjustable Rate Note”. This last page shows my signature along with a stamp, I quote: ” without recourse, By American Brokers Conduit, Carol Cinquemani ASST. Secretary”. Is this the notary? Who is this notary? It is kind of a blur but this name is the best I can make out.

    As far as Carol C. goes, ‘I’ve looked at the Calif. notaries, Texas, and New York. I have not found her. I have written the state of New York requesting if she is a notary.

    And don’t forget if your problem is with a private mortgage broker in CA, they did have Errors and Omissions insurance. You may be able to sue for that.

  2. Steve,
    Please explain inasmuch more detail as you can about the notary and your “note”, because I’ve never heard of any notary notarizing a “note” thus far and it’s even more interesting that the notary apparently does not exist.

  3. DyingTruth,

    Yes. It took the CA Dept. of Corps. to get the lender to send signed copies of loan docs. It took the CA Dept. of Insurance to get the Title company to send signed copies of loan docs. But useless, they send only what they want to send. Still can’t get Form 1003 loan app. They knew it was fraud in the origination. So why not collect all you can with fraud in the foreclosure.
    And get this. The lender sends the mortgage note with a phantom notary. I can not find a Carol Cinquemani as notary in Calif, Texas, or New York. I have no idea why it’s there.

  4. Steve,
    “I didn’t receive an answer to the QWR within 20 to 60 days. I received it 1 year and 9 months later. That’s 1 year 2 months after they foreclosed and stole the home.”

    OMG! WTF!? It’s things like that which convince me they are intentionally instigating some sort of provocation from us by their sheer audacity, displayed in the most offensive fashions.

  5. Anyone who received the accounting from the QWR notice that once you inquired calling your lender about being in a bad loan they started adding late fees? I made the next four payments in accordance with the monthly billing statement waiting for the lender call backs. But it seems they were already adding late fees to those payments without my knowledge preparing for the foreclosure.
    No use, I didn’t receive an answer to the QWR within 20 to 60 days. I received it 1 year and 9 months later. That’s 1 year 2 months after they foreclosed and stole the home.

  6. Henry Ford was a very wise man and outspoken about his observations on “you know joo”, and although they were never denied or objected to as inaccurate or false, they attempted to politically lynch for publishing them.

    Thomas Edison is right on the $$$ with the sun being are most powerful and abundant source of energy. And we could utilize its great potential with solar panel receptive satellites that could relay energy via some kind of contained laser (white maybe?) transfering power from the satellites to receivers on earth.

    These types of inspiring innovations and the people who think of them are lost in the abyss never to be found when you allow an absolutely UNPRODUCTIVE industry (if you could even call it that) grow to such colossal proportions that it dominates and monopolizes everything else. Banks and money are not necessaries in order for society to function. Money is only good for use as a medium (for measuring the value of things) other than that it serves no purpose whatsoever, and the only thing that Banks do (other than stealing our homes like they currently are) is hold and secure “money” and conduct transactions involving the same. They produce nothing, but profit handsomely off of our economy. The so-called ‘services’ they provide are more hurtful than anything else and more properly defined as instituting our ‘servitude’.

  7. Hello,

    I am facing foreclosure and I believe I am a victim of fraud, ie, BofA (Countrywide). I have submited my name to the State Attorney General’s office here in Arizona two months ago and have been added to the list of compliants.

    I am seaching for legal assistence to protect my home from pending imment foreclosure. Can you help provide information or contacts to get the ball rolling?
    Thank you,

    Mark Ellis

  8. Thomas Edison quote:

    “We are like tenant farmers chopping down the fence around our house for fuel when we should be using Natures inexhaustible sources of energy — sun, wind and tide. … I’d put my money on the sun and solar energy. What a source of power! I hope we don’t have to wait until oil and coal run out before we tackle that.”

    Fossil fuel, peak oil. Oil doesn’t come from fossils – another lie. So all the dinosaurs had a meeting in Saudi Arabia and they all got covered in ash, and then millions of years later they turn into oil. OK? Did I take the red pill or the blue one, I forget now. Boy, there sure were a lot of dinosaurs walking around long ago. I wonder if their poop turned into oil as well. I need another pill, the lights are turning on.

  9. “IS IT POSSIBLE FOR A COUNTRY TO HAVE A CURRENCY WITHOUT A TRILLION DOLLAR DEBT?”

    ANSWER BY BEN BERNANKE: “YES”

    Check out market-ticker.org :
    http://market-ticker.org/akcs-www?post=181339

    Senator Mark Kirk says to Ben – we had a currency for many parts of our history without any Fedral debt, Ben says ummmm, when was that?

    Listen to this video, there you have it. Ben says we couldn’t have any currency outstanding if we didn’t have securities to back it up.

    Well, what are securities, US Tres Notes. So the US Gov gives the Federal Reserve a piece of paper all engraved that says $1,000,000 Security. Gov gives it to the Federal Reserve, the Fed Reserve now gives the US Gov $1,000,000 dollars currency. PLUS interest to pay the Federal Reserve. Now the US Gov has to pay the interest to the Federal Reserve, hence INCOME TAX. This all started in 1913. So when Ron Paul and others say Money is created out of thin air, this is what they mean.
    If you have the power to issue money, why on earth do you do it thru another step like the Federal Reserve and penalize yourself with interest?

    Henry Ford quote:

    If our nation can issue a dollar bond, it can issue a dollar bill. The element that makes the bond good, makes the bill good, also. The difference between the bond and the bill is the bond lets money brokers collect twice the amount of the bond and an additional 20%, whereas the currency pays nobody but those who contribute directly in some useful way. … It is absurd to say our country can issue $30 million in bonds and not $30 million in currency. Both are promises to pay, but one promise fattens the usurers and the other helps the people.

    There you go, and now 100 years later the American People are starting to wake up to the fact that there homes and land are being taken over.

    HaHaHa, Ben Berhackeee admits it, hahaha, there is no reason for federal government or any government debt (or taxes). What a game – debt slavery. Is it the red pill or the blue pill?

  10. I think I may have figured out large pieces to the puzzle.

    1) the main purpose of TARP was to seize mass amounts of property and assets at discounts while they knew real Americans would be struggling financially as it was part of their overall plan, what with Adjustable Rate Mortgages and all. After seizing properties, they make it appear as if they’ve sold them off to third parties for profit but actually created “Limited & General Partnerships” to manage them and rent them out, but still control the Partnerships as their debtors. (the plan is simple trade off as much assetless paper, i.e. money, paper medium of no real value for property of real value which are for the most part necessities to people and society)

    2) they were able to pay TARP back (this one’s kind of a smack in the face) via the FED’s “Quantative Easing” (digitally printing more money and injecting it into the banks). So not only did they NOT actually pay TARP back, they shorted the whole deal by printing more money out of thin air, thus depriciating the value of the dollars which were used to purportedly ‘pay back’ TARP. Every extra dollar they print and inject the banks with to keep them strong is a dollar more poor and lower in value ‘we’ (the average Americans) are, because we have to work to obtain more money and cannot make (fabricate) more money from nothing like banks do.

    To get a better idea on this overall process and how it has gradually evolved, much to our detriment, look at the Seventh Amendment’s “value of amount in controversy exceeds twenty dollars” provision and realize that back then that ‘was’ considered a lot of money, and now it is not. All because of allowing and accepting a Fiat Currency (as a medium), printed by the Monopoly guy at his unlimited discretion and backed by nothing at all of any value whatsoever.

  11. Ann,
    HSBC halts foreclosures amid joint investigation by the FED and OCC into processing practices?

    You can usually easily spot out a ‘pillow fight’ just by looking at the players involved and the complete absence of any identified definitive issue(s) for which gave rise to the purported ‘controversey’ that they are allegedly ‘working’ to resolve.

    If they were really doing their ‘jobs’ (puppet shows) they would imediately issue ‘cease & decist’ orders and then refer the matter to the US Attorneys’ Office for criminal sanctions when those orders were not complied with. Something they could have and should have done such a long time ago, but haven’t, so why would they start now? They won’t, they’re just ‘carrot sticking’ us again just like they always have been. Leading us to where they say it is safe and not to worry only to find out, THAT WE’VE BEEN LURED ONTO A MINEFIELD AND WE’LL SOON BE ON OUR OWN.

  12. And just like I said Wall Street was setting up everyone in Federal and State Governments to be the collective centralized focus of public outrage, forcing officials out of office for inaction and questionable ethical priorities, thus opening up new employment opportunities in Government Servic[ing]. >

    “[I]n an email the Financial Times reported was “pinging around” trading desks. It reads in part:
    “We are Wall Street: It’s our job to make money. Whether it’s a commodity, stock, bond, or some hypothetical piece of fake paper, it doesn’t matter. We would trade baseball cards if it were profitable… Go ahead and continue to take us down, but you’re only going to hurt yourselves. What’s going to happen when we can’t find jobs on the Street anymore? Guess what: We’re going to take yours… We aren’t dinosaurs. We are smarter and more vicious than that, and we are going to survive.””

    Hmmm? Yup, Franklin was right. Dumbocracy is 2 wolves (more like hienas if you ask me) and a sheep (more like ostriches, given the mentality of the majority of Americans) voting on what to eat for dinner.

    No matter what wrong Wall Street has done, it’s pale in comparison to the utter failure of Government to fulfill even the most basic reasons for why it was constituted and overall general purpose for existing.

    And the hypocracy of public employee unions is astounding. They actually have the nerve, to organize HUGE public protests because their (collective bargaining?) rights are being threatened. When they just got done with and are still in the process of destroying peoples’ property, shelter and security rights, lives and depriving them of these things without being afforded the requisite due process safegaurds for which they are entitled to.
    Of course in their minds all of that was ‘necessary’ to keep the ‘not so fuctional or effective’ Government fueled and running with impact airbags (pensions) to protect its occupants for when it does, as it surely will, crash.

    But all of the sudden there’s cause for revolution when they’re beginning to be treated as equally unfairly as those they themselves have mistreated and are being tossed into the same crappy bucket as those whom they have before themselves tossed.

    Only, the real differences of positions held prior were, homeowners being practically powerless nor obligated over containing either situation, while government was in every necessary position of power to correct both and obligated to both, just let it all slip right through its fingers. Completely FAILING to do its job, then blaiming it on not being given ‘enough power’ and scapegoating the ultimate victims hurt the most as the cause of both problems.

  13. Looks like fraud on the court. Just because the ink is blue does not make it the original. My mortgage and note, for instance, had a MERS Min number on the mortgage BEFORE I signed it. Isn’t that interesting? Do you think that I signed the document I thought I was signing? They must have sold my loan BEFORE I signed it. Burmese8@yahoo.com

  14. Great Neil – and Ann

    And, emphasize – refinances — that were not validly paid off — as I have said, could also mean insurance fraud. “Satisfied” does not necessarily mean “Satisfied.”

    Who is insuring mortgage title on sale of foreclosure properties????

    Another Pandora’s box.

  15. HSBC suspends foreclosures
    http://blogs.palmbeachpost.com/realtime/2011/03/01/hsbc-suspends-foreclosures/

    by Kim Miller
    HSBC, the “world’s local bank,” said in its 2010 financial report released last night that it has suspended foreclosures indefinitely because of problems with how the cases are processed, prepared and filed.

    The report to investors says the bank is responding to federal inquiries about its foreclosures and “certain deficiencies in our processing, preparation and signing of affidavits and other documents supporting foreclosures.”

    Also listed as a concern is the evaluation and monitoring of the law firms handling HSBC’s cases.

    “Management is reviewing foreclosures where judgment has not yet been entered and will correct deficient documentation and re-file affidavits where necessary,” the report says. “We have suspended foreclosures until such time as we have substantially addressed noted deficiencies in our processes.”

    It was not immediately known how many cases HSBC has in Palm Beach County.

  16. http://floridaforeclosurefraud.com/2011/03/how-this-83-fountain-pen-helped-save-a-family-home-from-foreclosure/

    Blue Ink signature can be fake too – How-this-$83-fountain-pen-helped-save-a-family-home-from-foreclosure.

    By Mike Wasylik Esq. on March 1, 2011
    Fountain pens and foreclosures
    In these days of robo-signers and rocket-dockets, you can easily imagine losing your family home at the stroke of a pen—based on the signature on a perjured affidavit, or the order of a hurried judge—but how often have you heard of a home saved by the stroke of a pen?

    A bank folds when its fraud is exposed
    Several months ago, I got a call from a couple facing foreclosure. They were convinced, and soon convinced me, that the bank had forged certain key documents in the case. I asked several pointed questions, got the facts I needed, and drafted both an answer to the complaint and an affidavit from my client about the fraud.

    The answer, which stated the facts in mostly general terms, I filed right away, and “kept my powder dry” with the affidavit. At first, the bank freaked out. They heaped scorn our defenses, calling them “frivolous” and “without basis.” Judges balked—even in the face of overwhelming evidence that they do it every day—at the thought that a bank could commit foreclosure fraud. Shamefully, one judge even threatened my client with criminal charges for perjury.

    Getting ready for trial
    But we did not waver. We used our secret to its best effect, and properly prepared, we survived the summary judgment hearing. The court set a trial date. I began the process of assembling our trial evidence and witnesses, including an expert witness to testify about the fraud we’d uncovered. And then the strangest thing happened: the bank gave up.

    The bank folds in the face of a trial
    As the trial date drew nearer, the bank showed signs that they had no intention of going to trial. They missed several deadlines, including depositions and witness disclosure deadlines. The bank’s lawyer told me she couldn’t get her client to tell her what the bank wanted to do. And then finally, about a ten days before trial, they caved: hot off my fax machine came a Notice of Voluntary Dismissal.

    The secret fraud we uncovered
    What dark secret had we uncovered that sent the bank running for cover? Simple: we found that they had filed with the court an “original note” that was, in fact, a forgery. My client had gone to the courthouse herself to view the so-called original note, and when she opened the court file, she made a stunning discovery: her signature at the bottom of the page was in blue ink.

    Blue ink signatures can be fakes, too
    There’s a common misconception that blue-ink signatures can’t be faked. I’ve had at least one judge tell me that she knew the note in the court file was the original because it was signed in blue ink. This isn’t true, of course—blue ink signatures can be faked, too—but this common misconception among judges and defense lawyers alike makes the blue ink signature the holy grail of frauds. Those forgers who know how to fake blue-ink notes know that they will withstand all but the most clever of challengers. In this case, however, they got busted.

    Meet the fountain pen collector
    My client, a former paralegal, happened to be a fountain pen collector. For signing legal documents, she had a particular pen that she always used: an Oriental Red, Expert II Waterman pen, which she always kept loaded with blue Waterman ink. But when she got to the closing, the notary refused to let her use that blue-ink pen to sign the documents. Black ink only, he told her, it photocopies better.

    She was, to put it mildly, pretty upset. That’s exactly why she wanted to use blue ink, so she could tell the photocopies from the originals. But the notary refused to notarize anything but a black-ink signature and she relented.

    So imagine her surprise when she saw the bank’s “original note” was in blue ink. Imagine the bank’s surprise when they learned the notary had insisted on black ink—after they went to the trouble of creating a so-called original with a blue-ink signature they must have duplicated from a high-quality scan. Faced with the prospect of proof, at trial, that their “original” was a fake, they opted instead to drop the case. Victory!

    When is a blue-ink signature fake?
    Now, how do foreclosure plaintiffs fake blue-ink signatures? In the age of high-quality scanners and color laser printers, it’s not difficult to produce realistic looking fakes that will pass inspection almost all the time. (That’s one of the reasons the U.S. government keeps re-designing our paper money—to fight counterfeiting.) I know at least one lawyer who has worked for foreclosure mills in the distant past. He tells me the foreclosure mills easily can, and often do, generate high-quality fakes in many cases. But in this case they got tripped up by someone who knew what she signed and knew what to look for.

    There are two lessons to be learned here: first, don’t roll over. If you look carefully, and know what to look for, you just might find something terribly wrong with your own foreclosure case. Second, if you find something worth fighting about, dig in and do it, because when push comes to shove, many of these foreclosure mills will rather surrender than fight a losing battle.

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