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EDITOR’S COMMENT: The truth is that the “home retention” or “modification” programs are a farce. They are merely a cover for the actual plan in effect which is to get as many houses in their pocket before the reality of the illegality of all these mortgages, notes, obligations, foreclosures and auction sales comes into clear focus. Will this reader ever get her home? We don’t know. But our ignorance is not based upon on ignorance of what SHOULD happen according to clear and basic precepts of law and common sense, it is based upon the fact that politics and pure financial muscle alters the result of any case.

If you speak to any group of 100 homeowners who have submitted papers to their “lender” (pretender lender) they will nearly all tell you that they had to submit the papers multiple times because the people on the other end are under orders to lie to you. They have been told in no uncertain terms to say they didn’t get the papers. Now the Banks are not stupid. So the actual person is probably not lying because they have no idea what was received or not received. All they know is what the computer tells them. The strategy is “just make it hard on them and many of them will go away.”

The so-called home retention programs are really a strategy to make absolutely certain that you fall so far into “default” (even if there is no default, because the creditor got paid) that the homeowner goes into despair and depression and walks away from property that they own, and which the true creditor doesn’t want. That clears the way for pretender lenders to fill the void with bulls–t, allowing them to pose as lenders, because the real lender is never coming forward to make the claim.

Judges, who don’t realize that the true creditor doesn’t want to make the claim, and knowing that the borrower has apparently not made some payments, assume that since the borrower is apparently delinquent the presence of a “default” cannot be questioned. That is a mistake. Once a Judge makes that presumption, the pretender lender is more than half way home in getting a free house. It is FRAUD, pure and simple and many Judges are allowing it to happen.

You’ll only get your home back or be able to retain it if you are persistent and dogged and willing to fight it out long-term. Once you present a credible threat, the pretender MUST avoid a trial (not one case has gone to an actual trial that I am aware of). The reason they must avoid the trial is that they risk a lot if they did, including possibly jail. So after telling you that you didn’t have case, that your lawyer is stupid, that you are stupid, that nothing you get off the net has any merit, that you are in default (and getting you to admit to a default because you know you didn’t make payment but you don’t know if someone else did) — after they made it real hard on you, then they move on to the low hanging fruit. They don’t want stories floating around about how easy it is.

The really crazy thing is that the pretender lenders don’t actually care if you get your house. They just want to make it tough on you so MOST of the houses go to them and only some of the houses go to the borrowers. Either way it is a free house to somebody. So suddenly they back off and vanish or they might make some offer you can barely refuse. Most of the time they simply go away leaving the Judge with no choice procedurally but to grant your demand for relief in quiet title by default. Persistence is your game plan. GOOD LUCK!!

Neil,

Please read the following, and let me know if I have any hope of getting my Los Angeles back from a third party after a foreclosure by Fannie Mae & Bank of America.

I’m a female with my California real estate license. I have been trying to save my condominium in Los Angeles from foreclosure via Bank of America’s President, BARBARA J. DESOER.

I HAVE LOST MY HOME AFTER BEING TREATED DECEITFULLY AND SHABBILY BY BARBARA J. DESOER AND OTHER BANK OF AMERICA EMPLOYEES.

WILL YOU RUN WITH THIS STORY? BANK OF AMERICA HOME RETENTION DIVISION IS A FRAUD!

Here is one of many recent letters I wrote to Barbara J. Desoer before I losing my Los Angeles condo.:

TO: BARBARA J. DESOER, BANK OF AMERICA PRESIDENT

FROM LINDA STUART

A class-action lawsuit against Bank of America alleges that “Bank of America customer service workers regularly tell homeowners that modification documents weren’t received by the bank when in fact they were.”

That is exactly what happened to me save for documents that Bank of America default specialist PHILLIP OCHOA reportedly chose not to put into the bank system. He stiffed me, closed out my file, and claimed that he couldn’t reach me by phone when I called him repeatedly one afternoon from Bank of America in Beverly Hills at Beverly Drive and Santa Monica Boulevard from 2pm to 3:30pm

Beyond Phillip Ochoa, who I hope to name in a lawsuit, I faxed all of the requested documents from a Bank of America branch in Los Angeles at Robertson and Wilshire Boulevard via the branch manager, Matthew Turner. Since Phillip Ochoa never put my docs into the bank system, BANK OF AMERICA HAD REPEATEDLY CLAIMED THAT THE DOCUMENTS WEREN’T RECEIVED. THAT’S WRONG! A JOKE! In fact, Bank of America Branch Manager Matthew Turner made a call on my behalf this past Friday to Benjamin Diaz, a mortgage service manager for Bank of America located in Brea, California. Matthew Turner specifically told Benjamin Diaz that the requested documents were faxed every single time from the Bank of America branch at Robertson and Wilshire in Los Angeles. Hopefully that will hold up in court. I have the fax confirmation proof on paper via the Bank of America fax machine printout.

On Friday I spoke with a woman in Bank of America’s Office of the President. I gave her multiple fax numbers that I have been given by various Bank of Employees since March. WHAT HAPPENS TO ALL THE FAXED DOCUMENTS FROM TROUBLED HOMEOWNERS? THEY GO DOWN A BLACK HOLE? ARE SUMMARILY DISCARDED? NEVER PUT INTO THE SYSTEM? THEN THE BANK SAYS THE DOCS WEREN’T RECEIVED?

The class-action lawsuit also alleges: “Bank of America also encourages borrowers to default and fails to properly credit payments under trial modifications, treating homeowners as delinquent, according to the plaintiffs. One former Bank of America employee who isn’t named recalled seeing homeowners’ financial records manipulated in the bank’s computer system, according to the complaint. The complaint alleges, “BOA’s general practice and culture is to string homeowners along with no intention of providing actual and permanent modifications.” “Instead, BOA has put processes in place that are designed to foster delay, mislead homeowners and avoid modifying mortgage loans,” according to the complaint.”

I know that the ultimate decision about foreclosure comes from the investor, but I repeatedly tried through Bank of America to get a loan modification so I could afford my mortgage payments. Bank of America should come clean to the homeowners who futilely make calls and fax documents to the bank, only to fall through the cracks. AGAIN, WHERE DO ALL THE FAXED DOCUMENTS GO THAT HOMEOWNERS FAX TO THE BANK? ARE THE BANK EMPLOYEES TELLING THE TRUTH THAT FAX DOCUMENTS DON’T COME THROUGH? HOW COULD IT BE THAT SO MANY FAXED DOCUMENTS TO BANK OF AMERICA AREN’T RECEIVED?

My Los Angeles condominium was foreclosed on May 5th — a condo for which I put a down payment with inheritance money from my father. If there is even a remote chance I can reclaim the condo and start making payments I can afford, please let me know.

BARBARA J. DESOER DECEIVED ME ALONG WITH THE OTHER BANK OF AMERICA EMPLOYEES WITH WHOM I INTERACTED IN ATTEMPT TO SAVE MY HOME.

PLEASE LET ME KNOW IF I HAVE ANY POSSIBILITY OF GETTING MY HOME BACK.

Thank you.

52 Responses

  1. Yes, jamesforeclosure—it is a TOTALLY DELIBERATE TACTIC—so they can “pretend’ to be “helping” you—while behind the scenes they FORECLOSE AS FAST AS THEY CAN!!!!

  2. Doesn’t anyone find it ironic or have noticed that the bank seemed to be able to NOT lose 1 piece of paper when you were applying for your loan in the first place? Now they never get any of the documents! I bought a fax machine and faxed 100 pages everyday with successful fax receipts and the bank still never got the documents!!!!

  3. Here is an “oldie but goodie” article from Mandelman on why the banksters play mod games:

    http://mandelman.ml-implode.com/2010/09/inside-chase-and-the-perfect-foreclosure/

  4. @ e. tolle congratulations and welcome to our world>> the 1st time someone gave me that movie last year i did not watch it i gave it back. then whem my sh-t starting hitting the fan i had to find out what happened because i found appraisal fraud and modification fraud i new something was up wells fargo wants me out of my house to bad. now we know. CDS and derivativesevry guy from aig is in some entitiy in the goverment yes its gross. .

  5. @richard s. thank you for your info. i am in florida going through my own hell. wells fargo played us during our 1st mod losing paper work weekily dragging my mod approval out until we owed 10k instead of the promised “3” months. we are severley under water i signed with thoughts of saving my home but the mortgage was to high. unemplyment and underemployment are rampant in florida.
    so called and asked wells fargo for help again. this time it changed now i had to be in iminent default before icould be helped. ok so i went along hoping again to save my house but started research on mortgage fruad and found all these websites. the one that was most intresting was the black hole by neil garfield. about lost paper work when sent to wells fargo or any of the big banks. well when all my paper work was in and they couldnt blame the paper work they moved my file then asked for new paper work and then guess what i snet it fed ex have tracking number and signee they still claim they lost it, i didnt send it, or i didnt send the right info. all lies to the occ, florida ag and our area senator. i am dunb founded by these lies. i am trying to find a florida lawyer but it is ending up to be h trying to get this question arounard. i have a cousin that is alawyer but lives over 100 miles awya nd will take my case in an emergency. so our stories of lies are all the same its incredible that in every state this is happening yet our ag’s are just letting it continue.????
    i am trying to get this question aroung the internet and when i get a true answer we will all know. when we signed these mortgages what ever year 2002to the present could be earlier. when we signed we were nor privy to securitization. that word was not even in my vocbulary. so not explaining what happens to our loan once we sign is fraud. there is actual case law that when a contract is signed but information important to the contract is not passed on it is fraud. and it makes the contract null and void. not one of us can recall being educated re securitization. is it because securitization takes our rights away (ex help with the mortgage when we cant pay}
    we were never given the education re different fiancing opportunities national bank, va home town bank vs credit union if we did not know about securitization jhow would we know to ask. we could have put less money on the stock mar down) and more in money market or cd. less of a risk? not being educated re this info is fraud. this info was intentionally left out of our closing papers and conversations. this fraud makes our mortgages and notes null and void pass this on to your lawyer please. i need to find a lawyer that gets it and take down wells fargo

  6. @richard s. thank you for you rinfo. i am in florida going through my own hell. wells fargo played us during our 1st mod losing paper work weekily dragging my mod approval out until we owed 10k instead of the promised “3” months. we are severley under water i signed with thoughts of saving my home but the mortgage was to high. unemplyment and underemployment are rampant in florida.
    so called and asked wells fargo for help again. this time it changed now i had to be in iminent default before icould be helped. ok so i went along hoping again to save my house but started research on mortgage fruad and found all these websites. the one that was most intresting was the black hole by neil garfield. about lost paper work when sent to wells fargo or any of the big banks. well when all my paper work was in and they couldnt blame the paper work they moved my file then asked for new paper work and then guess what i snet it fed ex have tracking number and signee they still claim they lost it, i didnt send it, or i didnt send the right info. all lies to the occ, florida ag and our area senator. i am dunb founded by these lies. i am trying to find a florida lawyer but it is ending up to be h trying to get this question arounard. i have a cousin that is alawyer but lives over 100 miles awya nd will take my case in an emergency. so our stories of lies are all the same its incredible that in every state this is happening yet our ag’s are just letting it continue.????
    i am trying to get this question aroung the internet and when i get a true answer we will all know. when we signed these mortgages what ever year 2002to the present could be earlier. when we signed we were nor privy to securitization. that word was not even in my vocbulary. so not explaining what happens to our loan once we sign is fraud. there is actual case law that when a contract is signed but information important to the contract is not passed on it is fraud. and it makes the contract null and void. not one of us can recall being educated re securitization. is it because securitization takes our rights away (ex help with the mortgage when we cant pay}
    we were never given the education re different fiancing opportunities national bank, va home town bank vs credit union if we did not know about securitization jhow would we know to ask. we could have put less money on the stock mar down) and more in money market or cd. less of a risk? not being educated re this info is fraud. this info was intentionally left out of our closing papers and conversations. this fraud makes our mortgages and notes null and void pass this on to your lawyer please. i need to find a lawyer that gets it and take down wells fargo

  7. OMG—I finally watched the movie “Inside Job” today—Wall Street is the MAFIA personified!!!! And they work WITH the government!!! Can you say RICO RICO RICO!!! One gross thing I found out from the movie was how ECONOMICS PROFESSORS ARE PAID OFF to “speak well” of all the criminal crap that goes on—man, the BS is SO THICK and PERVASIVE…after that movie I felt like I had to take a shower…those people are that gross…

    from E.Tolle post:

    ” …but now simply move these same funds up towards the ultra-elite oligarchy who have so paid off the cops on the beat as to be untouchable. The lawmakers not only look the other way, they rewrite the laws to allow the orderly transfer of the funds, even going so far as to bless their tax free status.”

  8. I’m in PA, which seems to be a 50/50 state on lawyers and such who get it and don’t. Luckily for me I found a guy who was a high representative lawyer looking to advance his career and he referred me to an old friend of his who happened to be the former most lead lender fraud lawyer in my state and he was more than happy to take my case for me. Mostly because he had never seen such gross negligence and utter fraud before like in my documents. He is also a bankruptcy attorney too.

    Most of my stuff all stems from notaries fraud, and a little law called “the door to door sales act” which there is a federal one, but my state happens to have it’s own which is even harsher, so we go by that. 🙂

    I have all the records and proof of when I first got my loan (refinance) with a broker for countrywide, oops, I mean America’s Wholesale Lender. I have all the fax receipts when I sent stuff to the lawyer, the call records, not to mention the original mail flyer that they used to send out back then, and the false promises they promised.

    My whole case boils down to notaries fraud, the fact that they had the loan notarized the same day that I signed it, which was at my house, and I was ALONE, so the notary could have never proved it was me signing, as I’ve never met her in my life. I never met the broker in person, and all correspondence was over the phone and thru fax machine. I used my work fax machine as I didn’t have one at home.

    The door to door sales act law, gives you very steep repercussions against people who sell you stuff at your door, which is why those types of salesmen are all but extinct, at least in my state. The best thing about this law is it has a statute of limitations of 5 years, not the puny (debatable) 3 years of TILA.

    Special notes to my case though, I went into bankruptcy (like I care about a credit score) to do all this, and I am still making my mortgage payments, even though I’m unemployed (collecting), so the bank could never pull the deadbeat claim on me. The bankruptcy rout was also for the protection in case they tried to pull anything.

    I haven’t released any documents on my case anywhere, because I haven’t won fully yet, ie getting my money back and get the bank to sign off on my loan. We are in the process of sending a demand letter to the bank to get them to follow the judge’s order, so I have to wait and see if they try to pull anything yet. And not releasing any documents online, pretty much keeps in me the clear so far, I feel. Not that in the future, when it’s all said in done, I won’t release things, I will not allow them to put a seal on my stuff, and I will release it to neil to post about in the future!

    Down with the mega banks!

  9. saveamericaone,

    You have my number.

  10. The people who perpetrate these frauds need to die the same financial death as they have caused others. It’s a shame they will get away with it because they are part of the corporate machine.

  11. @ leap frog same here. isnt this awful wish we had a way to go to the judges together and expose this thing. i am going throughthtis right now with wells fargo. they move my file out of mod review and claim my file was never compromised and then they lost a fed ex package also have tracking number and signeee they claim either i did not send the right info or it is out dated. shouldnt they have at leats received it, all fraud. please we need to look into not being privy to securitization when we clsoed on our loans that is fraud. makes contrats null and void. i think this may be what the banks are trying to avoid. why they are trying to get so many forclosures in before the truth is out there. fight and fight we need to get this info to lawyer and fast. one that gets it and expose these dogs for who they are.

  12. Richard S: Congratulations and I would like to know more too. We went BK in 2010 and filed an AP against BOA. Interesting thing, is they were supposed to have filed a POC because we claimed unknown amount. They didn’t do so. Nor did they respond to the QWR prior.

    The lawfirm representing them (Bryan Cave) is in hot water with the FDIC for fraud and also the attorney working that case is in trouble for her in a giant Ponzi scheme, so she withdrew. They are not responding to discovery.

    They tried to bully us at first too, whining about unjust enrichment, blah, blah. The judge allowed our case to proceed. Now they are ignoring us.

    Did you actually get any money back from them? Or will you have to get a writ of execution to collect?

  13. Yep, I played the “we never got your documents” game, but unfortunately for THEM, I had transmission receipts, e-mail replies and written letters from them to back up MY claims. We also played the “You were NEVER in HAMP” game. That game goes like this: You are offered MHA/HAMP, make your 3 payments on time, then they tell you they are “running behind” and could you please keep making those payments. So you make two more good-faith-effort payments and call the President’s office at the bank to inquire what the status of your mod is. You are then told, “You were never in the MHA/HAMP program. What gave you the right to make partial payments?” Then you tell the representative, you were indeed in MHA/HAMP, as you have the official letterhead documents in your possession and receipts for the payments with the amounts mentioned in the documents. Then you write to every government agency, who will repeatedly ignore you. So you keep cutting and pasting and sending the same canned complained over and over, until finally you receive a scolding letter from the bankster trying to denounce your claims. Unfortuately for the bankster, it trips itself up and mentions that you were indeed in MHA/HAMP, only you were denied for “not turning in your documents.” How’s that for a clusterf*ck of a circle-jerk?

  14. Graham-Leach-Bliley Act of 1999 requires financial institutions to safeguard confidential information. Who now has access to our most sensitive financial information, including all of our personal identifiers? I was asked for authorization to retrieve even full tax returns (and it just occurred to me that I need to revoke that authorization.)

    Where’s the class action lawsuit for this breach of privacy?

    Graham-Leach-Bliley Act:

    Sec. 6801. Protection of nonpublic personal information

    (a) Privacy obligation policy

    It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers’ nonpublic personal information.

    (b) Financial institutions safeguards

    In furtherance of the policy in subsection (a) of this section, each agency or authority described in section 6805(a) of this title shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards –

    (1) to insure the security and confidentiality of customer records and information;

    (2) to protect against any anticipated threats or hazards to the security or integrity of such records; and

    (3) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer.

    This is a class action that should have a go. Any attorney’s up for this?

    Here’s an excerpt of Neil’s post. I am not sure if these posts are archived somehow on this site, but one Google it.

    EDITOR’S COMMENT: LIVINGLIES HAS INDEPENDENTLY VERIFIED EVERY STATEMENT OF THIS WHISTLE-BLOWER. IT OPENS THE DOOR TO A WHISTLE-BLOWER LAWSUIT, A QUI TAM ACTION IN WHICH THE RELATER OR WHISTLE-BLOWER CAN RECEIVE HUNDREDS OF MILLIONS OF DOLLARS AS WILL THE LAWYERS. I’m sure that some smart people will follow up on this. The ramifications are huge.

    Hi,If this is posted, it has be posted anonymously.

    Many people seeking loan modifications have difficulty with their paperwork being lost. This rarely happens. The reason their documents go missing is because they are intentionally destroyed in order to prevent a loan modification in circumstances where Wells has a legal obligation to modify a loan. Wells Fargo had a legal obligation under its TARP agreement when it still had 25 billion in Federal money, and still has the obligation as part of its servicing agreements. If Wells has an obligation to modify, but doesn’t want to, they have to create a way of rejecting the modification application without there being a record of it. Losing the documents serves this purpose.

    Documents are destroyed in “The Black Hole.” The people you talk to when you are seeking a loan modification have no knowledge of it. Many of them are temps, lacking experience in loan processing. It never registers with most of them that something strange is going on. The Black Hole is kept completely isolated from Wells Fargo servicing staff. Even if they realize it exists, they have no idea of its location.

  15. @ richard congrats please educate us. what state #1
    we need to know how you did this. my lawyer is cinvinced that we can not win. that we are only staying in our house longer with out making payments. that is not what i want at this point with all the fraud. the banks should have been up front with us when we signed our loan docs.i we were not privy to this securitization scam. if we were privy to this stock market scam how many of us would have given up our life savings to be involved? why wouldnt we have upfronted less or actually went and found financing that did not include securitization like a local bank or credit union. why were we not told the WHOLE truth at closing. this is what alot of us need to find out. fraud in the inducment.

    “”‘A contract is not binding if its contents were misrepresented to the promisor. “fraud” (Park 100 Investors v. Kartes) Park 100 Investors v. Kartes, 650 N.E.2d 347”

    we have case law to prove we were all duped into these mortgages. i do not have my court date yet but also woulkd like to sue first.

    “Parties are obligated to know the terms of the agreement they are signing, and cannot avoid their obligations under the agreement due to a failure to read it. However, where one employs misrepresentation to induce a party’s obligation under a contract, one cannot bind the party to the terms of the agreement. It has many times been held, and is a well-settled rule of law, that a contract of guaranty cannot be enforced by the guarantee, where the guarantor has been induced to enter into the contract by fraudulent misrepresentations or concealment on the part of the guarantee. ”

    we need to stand together and fight these banks and get back was is ours.

  16. Richard S

    Congratulations! If you don’t mind…what state?

  17. Richard S. Congratulations! You have helped to Save America One Mortgage At A Time! Thank you.

  18. Dear ANONYMOUS, I’m thinking…

  19. Neil is right!

    BoA never responded to me sueing them, they did aknowledge me going into banktruptcy, and only the start of sueing them, they actually tried the “your signature on the lawsuit doesn’t match the one on your loan documents” thing on me, which my judge didn’t buy. I was getting ready for court, but they never showed, so the judge entered a default judgement in my favor, full nullification of banks security interest in my property, full repayment to me of all payments i made to them over the last 6 years, my attorney fees and a fine on them.

    I was simply flaberghasted when i got that order in the mail!

    I all i need to do is get that all enforced and things will be good for me.

    Persistance pays off, and i hope that some of you are as lucky as me.

    Good luck.

  20. Show one case where equitable tolling worked as a theory.

  21. (even if there is no default, because the creditor got paid)

    CAN YOU EXPLAIN HOW THIS HAPPENS?

  22. saveamericaone,

    The OCC is concealing big time. How does the American public address this???

  23. Neil is right. Persistence is the game. I have written everyone in the United States including Sheila Bair and Fannie Mae.” When my phantom mortgage was transferred from BOA to BAC Home Loans I disputed it Certified Mail. BAC sent me the wrong documents and I disputed again. I have not received a letter from BOA or BAC about any transfer. Keep on them constantly.

  24. Finally the Banks are getting squeezed on all sides…

    I am working with a producer in Hollywood on an under ground
    documentary called

    “Smoke and MERS”

    its about foreclosure Fraud, robo, BS, etc?

    The Producers are looking for homeowners who want to tell their story. Now’s your chance to be heard Loud and Clear!

    If interested email me uprootedone@gmail.com

  25. “…they will nearly all tell you that they had to submit the papers multiple times because the people on the other end are under orders to lie to you”

    Im pretty sure 100% will tell you multiple submissions–but it would be speculatin as the reason———I would appreaciate if the author would cite an instance where an employyee admits that she was ordered to lie-that would be really nasty-im not doubting the fact-im asking it to be documented?

    then well take it to the FBI withe that fake 2nd note in the other post

  26. Evidence and quick action. You have the lawyers name above
    First you have the name of an attorney to call right away as shared by:

    FROM rebecca1568, on May 29, 2011 at 9:57 am said: Linda, call my lawyer Phil Dapeer @ (323) 954-9144

    Please read Clouded Titles and get forensic loan evidence from Luminque and contact David K. to find out how a Chain of Title Audit may be of benefit!

  27. Remember the Wells Fargo employee ‘Whistle Blower’ spilling he beans over the ‘Black Hole’

    ForeclosurefuradNews.com
    http://foreclosurefraudnews.com/wells-whistleblower-reveals-black-hole-documents-procedures/

  28. E.Tolle,

    well said. Thank you.

  29. A-Man , your video link on D. Ratigan,

    they start with “helping “troubled” homeowners”

    do you see the spin on that statement?

    I’m afraid not quite right.

  30. Yes joann, not only TILA and RESPA times out, but the statute of limitations on the criminality dries up. Where is Eric Holder? Awaiting the demise of the SOL dates? No doubt. He’s bought and paid for.

    How else could all this be happening in broad daylight? AG’s OK with $5 billion? Chump change, and would go to state coffers before helping a single homeowner in need.

    Part of the claim is that the FBI and DOJ don’t have enough staff properly trained in these complex financial crimes….derivatives and such. The FBI actually solicited the American Bankers Association to help them uncover the criminality, only to be told by the ABA that it was the banks that were defrauded by homeowners, there were no criminal actions within the industry. Poor victimized banksters…..

    So, if these incredibly complex financial products that were originally designed by Nobel laureates to be so complex as to be beyond the grasp of mere mortals are capable of bringing down the entire world order, why are they allowed to exist? What is the rationale for their existence?

    The answer can only be for the movement of monies from average folks who simply park their monies for retirement, savings or college funds etc., in financial institutions that used to have a fudiciary responsiblity to these folks, but now simply move these same funds up towards the ultra-elite oligarchy who have so paid off the cops on the beat as to be untouchable. The lawmakers not only look the other way, they rewrite the laws to allow the orderly transfer of the funds, even going so far as to bless their tax free status.

    The austerity demands being placed upon all of the rest of us, the lower 98% throughout the world, these severe belt-tightening measures are simply due to the fact that the central banks who have loaned us our own money for decades are now absolutely flat out refusing to adjust the terms of the monies owed, even if it means that WE THE PEOPLE have to scrape the bottom of our collective barrels just to get by.

    Whether it’s their refusal to write down principal amounts on individual mortgages, even though they’ll make out better in the long run over a foreclosure, or their total objection to reworking entire national debt structurings to reflect a solution that will work for all involved, their hubris comes from their awareness of the fact that they know they hold all of the aces, while we sit on duece seven off suit. And our governments allow the casino rakes that impoverish us all through every single transaction, high and low.

    Food shelves running on empty, unemployed need not apply. $4 per gallon gas on a waitress salary, which boils down to working full time for a full tank for far too many.

    But that’s nothing compared to the so-called Arab Spring going on. These folks spend upwards of 80’s to 90 cents on their earned dollars on food stuff, as compared to a tenth of that in the U.S. With commodity prices going up, they’re not just worried about filling their gas tank, but scared shitless about feeding their families as well.

    Why should any citizen of planet Earth be so downtrodden and abused as to fear being able to feed one’s family? Why? Central bankers have us by the sack.

    If you think this rant is off topic, you’re way wrong. The foreclosure CRISIS is simply another tentacle protruding from the IMF and the central banksters who are taking everything they can get their hands on in the biggest crime spree of all times….

    Yes we need to continue to fight in the court systems around the nation, but I don’t see this thing ending well without taking it to the streets. TPTB are too entrenched, and we’re too thinly spread and financially strapped. And with idiots like Bama Bachus as CON-Finance chair who believes that governments and regulators are there to serve the bankers, not bitch-slap them, we’re SCREWED, plain and simple.

    And we all simply hold out hope that in the next election, so and so will come along and fix everything like Obama promised to do last time around. Every four years we do exactly the same thing hoping for a different result. Where’s Einstein when you need him?

    Democrat/Republican….no matter. Why? Because we’re all insane to believe in this crap over and over again, year after year.

    Only by emulating our ancestors who finally faced the ultimate and difficult decisions of denying the wrongs and re-establishing sanity can we hope to fix this problem.

    Just say no to bankers. And to politicians. And to corrupt judicials. Heat up the tar and get the feathers. It’s passed time. REV 2.0

  31. And while we waited for your docs that you never sent, the 3 year TILA expired. All in order. Move along.

  32. Loan mods truly are a farce.

    We were finally evicted. They said they have “no record” of our paperwork.

    Attorneys ripped us off, unfortunately.

  33. I think everyone has to unite by each person so afflicted of having their property stolen by filing a Federal Petition upon Federal Question – Can a Bank create their own form of money in direct prohibition to Art. 1 Para 10 Cl 1 of the US Constitution. ?

    There is not a bank charter that allows any bank to create their own money and lend you their credit as the basis of a mortgage.

    Mortgages made with a Bank’s credit are Ultra Vires Contracts.

    Thurgood Marshall ruled that Ultra Vires contracts are Null and Void ab initio (which means from the beginning) .

    Once you can establish that your mortgage contract
    is Ultra Vires, nothing that follows is of any value to take your property whether it be Mers, Securitization etc. – and forget class actions only the lawyers make money with that.

    I went into Federal Court with this Petition . That was the year 1997 and bank fraud was not understood like it is today and after three months of being under Federal Jurisdiction the banksters corrupt attorneys pressured the Judge by saying” all the banks do this. ”

    The US Constitution stands above “whatever all the banks do.”

    It really is not that difficult to do. And everyone even without money can get into Federal Court by filing paupers papers. (it is called something else I can’t remember the phase.) But the one thing you must each remember when you filed your petition you must file the Record of the States action.

    I am not a lawyer but I remember when I discovered why the bank hid four of my mortgage payments and I discovered the reason was for them to foreclose and demand real money for their fake money, I figured out how to write a petition

    Maybe some attorneys can post a generic petition on these blogs. .

  34. Question: Does anyone hee know anything about reverse mortgages? I have a relative in another state that passed away several months ago—a family friend tried to sell the house—hasn’t been able to, and they are now trying to foreclose…I have been unable to look at the paperwork, but I was wondering what kind of fraud these guys might be trying to pull with the reverse mortgage foreclosure…if it was refinanced into a reverse mortgage a few years ago, would it most likely be involved with the MBS debacle???? To the same extent as the other so-called “mortgages”?

  35. Linda The Attorney General of California is your best bet in my opinion. Her news conference with the Mayor Of Los Angeles addresses your situation. The Attorney General put a task force of 25 lawyers.

    Good Luck

  36. Linda, call my lawyer Phil Dapeer @ (323) 954-9144 and tell the receptionist that you’d like to schedule a consultation with Phil. Please tell her that you were referred to Phil by Carrie Bekker. BTW, Phil does not charge for initial consultations (unlike a lot of lawyers these days who charge you just to talk to them initially).

    Please let me know how it goes. Also please feel free to join my FB Group Bekker’s Foreclosure Friends (BFF): bekkerforeclosurefriends.bff@groups.facebook.com

    ALL ARE WELCOME TO JOIN BFF.

  37. What we need is AGAIN as I have said many, many times, we need a state-by-state breakdown – with each homeowner signing up or keeping post (additionally to the main ones) on their specific state’s activity – it DOESN’T help someone in PA with Florida or California’s issues – what happens in NY or Mass does not help someone in MD or Ohio – we are divided because of our respective states – we need to focus on our own states first since that law governs then come together as a cohesive ‘one party’ factor – what happens in FL is useless to me – and the same goes for each one of us – if Neil could somehow create a link for each state so we can first align ourselves state specific – share knowledge and support with our specific state – then as one group collectively.

    Readers should then post within their state so we can see what is going on with our own states first – then we can nationalize our efforts. It doesn’t help when someone goes on and on about their specific case and stuff related that is foreign to another one’s situation because they are in a different state.

    This (these) sites are always the same – FL, CA, NY, MA but little or nothing on the other 46 states – we cannot gain momentum as a ‘country based’ effort if we don’t first strengthen the state factor and recognize their are homeowners in all the states not just FL and CA. I am frankly tired of FL and CA – absolutely nothings is said about PA or MD for example. Please readers from other states join in and start supporting these efforts – we will never prevail as a group if we don’t first create strength without supporting each state. FL and CA have ignited this movement – but we now must also focus on what’s going on in the other 46 and start reporting it – we lose their attention and support if we don’t. USA is not just FL and CA!

  38. YES, THE NAME OF THE GAME IS WEAR US DOWN SO WE GET TIRED AND GIVE UP. IT’S ALL A STALL.
    NEVER JUST MAIL OR FAX ANY PAPERWORK TO THE BANKERS. ALWAYS SEND BY REGISTERED MAIL REQUIRING A SIGNATURE OR BY UPS WITH A SIGNATURE! Make sure you have notarized copies only sent, keep your originals.
    Let them know you aren’t playing the “lost paper” game. It cost a few dollars but isn’t your house worth that?
    Don’t call and talk to anybody, make them put a supervisor and get the names of everyone you speak to.
    THE BEST DEFENSE IS A GOOD OFFENSE, START YOUR LAWSUIT FIRST, DON’T WAIT FOR THEM TO COME AFTER YOU!

  39. you know what? i don’t think those are actually B of A employees your dealing with. my opinion on this matter once the loan is in default, it was aLREADY AT THE HANDS OF DEBT COLLECTORS pretending to be trustee of your deed of trust. the one who executed the trustee’s deed upon sale is a debt collectors signing as Trustee
    check your Notice of Default, assignment of deed, substitution of trustee, notice of trustee sale and trustee deed upon sale . review those and if you are in California, chances are those documents did not comply with ca civ. code 2924 et seq. 2934. those documents are manufactured and fabricated and used of robo-signers were rampant.

  40. I applaud Barbara Stuart’s resourcefulness. It was pure genius having those documents faxed to BofA by a BofA fax machine operated by a BofA employee.

    The branch manager will be a vice president, an officer of the corporation. If he will testify you should easily win and the truth will all come out.

  41. Hello Linda
    You are not alone in this. I had lost my home but B of A filed a notice of rescission and I am fighting them in the court now. It has been over 3 years but I am still fighting and will not gie up that easy. The key is to have good and Honest attorneys who are willing to fight with you. Do not get discourage and fight back. Keep everything documented and do not use regular mail make sure everything is traceable.

  42. Servicers have a big incentive to Foreclose

    http://www.msnbc.msn.com/id/31510813/#43027582

  43. ok all we kno what is happening now yes depression and stress is a big part but if we are going to win we need join forces and fight the big fight. i read this article to my husband. he knows what is happening now. that this is a scam to make us all walk away so they can get the house. he also believes we need proof to takr to court wit us. because most lawyers believe what we read on the internet is a farce. my lawyer actually said that to me. we need to figure out how to get a potition going and have it travel ouround our email and then sent back to each one of us with electronic signitures. when we tak this to court this will have clout. but me showing to court and telling the jude
    1. wells fargos has been losing my paper work from the start of this in 2009. the loss of my 2/2011 package that i fed ex and retained the tracking number and sigee was the last paper work lost. the 2009 lost paper work was all by fax. the judge will ask for proof.

    2, after being approved for hamp ((which i was not) but chose to stop applying because wells fargo gets 1k for every application so they just loose it to get more money. i stopped because people have been paying for months into this program and still going to foreclsoure anyway. my lawyers thinks that is not happening we all know it is we need proof.

    3. that at closing no one was educated re securitization. they illegally securitized our mortgage and we did not know what that entailed. we should have been involved in our own mortgage securitiztion. know the risks. have been able to find alternitive mortgage or put less money down. there should have been something init fo rthe homeowner. this is all fraud. we need to prove it if this has happened to all of us.

    and of course all the other appraisal fraud, robo signing ect

    we are all victims here. we need to fingt fo rour rights and our homes. lets not make mc mchugh our soldire whom took his life be in vane. we need to all step up to the plate and fight.

    so please i am not a web savy person. but if anyoine can please get a wesite going where all our issues are presented and we all sign eelectroniclly and then beable to print this up we will win our case. we have proven what we say because it has happened to 5000 homeowners across the country. please help i will and copy and paste this letter to the other blogs and maybe just may be someone who does websites will agree with me and my husband that we need to walk into the court rooms with proof not just hearsay from us. than you all we need to keep this fight up and if any of you are depressed please go see a psychiatrist or psychologist. yes these are our homes and no i do not want t move either but we do not want to lose anothe rlife over this mess. jodiandre@yahoo.com

  44. In my rush to post I left my last line out Banks always conveniently manage to not receive documents, faxes, checks etc when they have a bigger purpose in mind.

  45. when i asked my “lender” to prove they owned my mortgage and note, they sent me a “certified original” copy of them (that they got from the land records) then told me that the endorsements and assignments are something they dont have to show me, and are proprietary information that is confidential because of “trade practice” secrets. i laughed so hard i joked. especially when on four ococasions they sent me “certified original copies” that were all very different from one another. some bore my signature, others didnt. and the order in which me and my wife signed on the ones that had my alleged signature were different than the real mortgage. they even went so far as to type my name into the mortgage and notary acknowledgement and when i told them i wasnt a party to the mortgage, they said “thats ok, we’re not trying to collect from you. that is an outright lie because the foreclosure complaint named me and my wife. im not even a party to the mortgage!! i called them and they said they wanted to modify my mortgage, so i told them to go pound sand, im not interested in that anymore. that was 2 years ago and they havent done anything. in fact, the foreclosure complaint has sat in land court for over a year because they havent done anything else with it. i challenged them on every point in the land court, and they have not responded at all to my motion to dismiss for lack of standng or any of the allegations i have made so far. im wondering why t hasnt been dismissed because i did this months ago and they have not responded to the motion or even acknowledged it when i ask them about it. i sent it certified so they cant deny they got it. its weird, because the land court has said they recieved the motion but it hasnt been docketed. does anyone know how long a plaintiff has to respond to a motion to dismiss in massachusetts land courts?

  46. I too want my two New York City condos back that were fraudulently foreclosed upon by hiding four mortgage checks in order to fake a default, accelerate , foreclose and demand real money for The banks created money (credit)
    On May 8, 1997 I filed a Federal Petition in US District Court- Southern district on Federal Questions

    1. Can a bank create money in directjprohibition to Art. 1 Para 10 Cl 1 of the US Constitution

    .2. Must a bank adhere to the mandatory 30 day Federal Notice?

    The Petition was read and accepted for filing by the Hon Louis L Stanton.

    On June 11 1997 the Hon LLStanton issued his first orders and made a directive I write a letter to the bank demanding a money settlelment.

    The banks are too powerful and they were able to trash our Constitution and get Judge Stanton to remand this issue to state court on July 29 1997.

    However in their rush to foreclose Astoria Federal S & L /successor in interest to Fidelity NY FSB ‘s then corrupt attorneys Mullooly Jeffrey Rooney and Flynn used two void ab initio state court judgments of June 30 1997 to auction off my two condos to straw buyers. I was ousted but I never stopped fighting against all the foreclosure fraud going on between the banks the attorneys MJRF and,the court,

    In 2008 I sought two show cause orders two vacate the foreclosure judgments of June 30 1997 for lack of state court jurisdiction pursuant to US Supreme Court case Elliot v. Piersol.

    Astoria Federal S & L had gottne rid of the corrupt attorneys MJRF seven years prior and the bank’s new attorney Mr. Arthur Walsh of O’Reilly Marsh & Cortesselli looking at the conflicting dates stated in NYSC in front of Judge Alice Schlessinger It’s Indemnify, indemnify, indemnify – we are stepping aside and the title companies are stepping in.

    In steps corrupt Thomas Malone of Fidelity National Title and his partner in crime corrupt David K Fiveson of Coronet Title who did not want to indemnify but wanted to be Intervenors and be heard and what they told the court is Time makes Forged deeds good and that they had “equity” and the only “equity ” they were talking of was money under the table for Judge Schlesinger and she ruled against the supremacy clause of the US case of Elliot v Pierson (on jurisdiction)

    I wrote a simply letter to William P Foley CEO of Fidelity National Title, former Chairman of LPS DOCX “what went wrong that your NY attorney Frank Malone finds himself fighting for a Forged Deed?” Fidelity’s answer to me was “…it is proper.

    Now we all know of the Forgeries and fraudulent documents issued by LPS DOCX everyone can see how William P Foley criminal mind works. He is the man to be investigated by the Feds.

  47. Hello Linda , you are not the only one.I send 208 pages per fax and cert. mail to CHASE and the never get it. The even blaim the postoffice. I filled out eight times the paperwork and I still have another seven application here to fill out !! What a joke . This Modification application what I have here , I will put it in my gabage . All this paperwork will kill so many Trees for nothing .Now we have door hangers .Why should I call , if I have an Attorney and the hang up on him everytime he is calling.

  48. […] Source: Livinglies’s Weblog […]

  49. The banks are full of it..

  50. Banks are liars

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