Should Borrower File Eviction Against Bank?

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EDITOR’S COMMENT: I was talking with an expert in landlord tenant law and I received an interesting suggestion. The case involved someone who has just been served with a writ of restitution where the owner had to peaceably leave her home — or it wouldn’t be so peaceful. The suggestion was that the owner file a forcible detainer action of her own against the current party that evicted her and accuse them of trespass as well. If she has proof, and in this case she does, that the documents were forged (even the verified complaint for eviction was forged) then there were many false parties and false documents.

So I squeezed my source a little more and the following is the line of reasoning he was suggesting that we follow from a fact standpoint. The names and details are redacted except for the pretenders. Comments anyone?

  1. Petitioner’s primary residence has just been served with a writ of restitution requiring her to vacate the premises.
  2. Petitioner is the legal owner of the property.
  3. Petitioner cooperated with law enforcement, but states affirmatively that she has proof that the verified complaint filed by US Bank for the forcible detainer from her primary residence was a forged document with a false notary.
  4. Further, Petitioner now has in her possession proof that the documents by which US Bank claims to be the creditor were also forged, fabricated and misrepresented to the court intentionally and with willful disregard for the consequences or the truth.
  5. Petitioner asserts that US Bank used trickery and falsehood to falsely represent facts to the Court that it knew were untrue.
  6. The Substitution of Trustee was a false, forged and fabricated document that was misrepresented by US BANK and their counsel as being authentic.
  7. Using the false Substitution of trustee, US BANK caused a false, fabricated notice of default, despite payments being made under contract to the creditors.
  8. Using the false Notice of Default, US Bank caused a false Notice of Sale to be issued despite the fact that it was neither the beneficiary nor the lender, nor a successor thereto by any means, nor had US Bank ever parted with anything of value that would constitute consideration or an interest in Petitioner’s obligation to creditors.
  9. Using the false Notice of Sale and the false substitute of trustee, a false auction was held by the false substitute trustee, where the false substitute trustee represented US Bank as the false creditor and the false trustee “Accepted” a non-existent bid (US Bank was not present at the false auction) in which the false substitute trustee issued a deed upon “foreclosure” without receiving any consideration of any kind.
  10. The false substitute trustee was at all times under the direct control and instructions of US BANK. US Bank had in substance substituted itself as the false trustee using the CalWestern entity.
  11. Using the fraudulently created and fraudulently obtained deed from the false substitute trustee US Bank initiated an FED action against the Petitioner.
  12. Using the false, forged, fabricated and unauthorized documentation described above, and using the rules of eviction to its advantage, US Bank obtained a Judgment for Eviction and Restitution of the premises against the Petitioner.
  13. Using the fraudulently obtained Judgment for Restitution and Eviction, US Bank filed the required documents for a writ of restitution to issue.
  14. Petitioner is now legally evicted from a home that she legally owns since the deeds used by US Bank were wild deeds, unauthorized and not in the chain of title.
  15. Petitioner demands possession of her home.
  16. The actions of US Bank constitute slander of title, trespass, and have caused severe emotional distress to the Petitioner.
  17. To allow US Bank to continue on this march of theft would make this court a co-venturer in a gross miscarriage of justice.

58 Responses

  1. […] McKenna, securitization, TILA audit, trustee, WASHINGTON STATE,WEISBAND « Should Borrower File Eviction Against Bank? BATTLE HEATING UP: SEC, GOLDMAN AND OTHERS […]

  2. Y in DC- sounds like a decent sized operation. Send it to the FBI, they like to go after people like this, while doing nothing for homeowners. But at least you will get it out in the open. Maybe file a whistleblower claim also, you get 10-15% of judgement.

  3. My former employer (mortgage broker) and former landlord has been using MERS to commit fraud and scam money and property for his own financial gain for at least the past few years. He has hurt a lot of people. I stumbled upon this innocently and have been fighting his illegal attemtpts to evict me from a home that is a part of this real estate scam.

    It is pretty amazing what he has been able to get away with as he has quite an extensive army of shady title attorneys, real estate agents, bannkers, and even a federal prosecutor (his wife) all working in collusion to perpetuate fraud. Three months ago, a hearing was held (unbeknownst to me) where a consent pracipe was approved by the court (submitted by my former counsel, who appears to be just as dirty a the rest of these guys) which asked the court to grant a motion to order a non redeemable writ of eviction that day. My first notifiction was the notice from the US Marshalls of an impending eviction. I asked the court for a stay and was denied. Two days later, my child and I were forceably removed from the home. I have filed an appeal tht is moving forward. The eviction was illegal, the judge was not willing to even hear what I had to say, and the two year uphill battle continues.

    The damage and loss we have suffered is unbelievable, and our lives have been turned upside down. I have spent over $50,000. fighting frivolous litigation this criminal has been allowed to bring in landlord tenant court, while my claims have been postponed and stayed in the administrative court for over a year (DC landlord tenant law allows the claims of landlords and tenants to be separated in the superior court and the administrative court – very difficult for most tennts to assert claims and defenses), and am now tapped out and proceeding pro se.

    Although the administrative court has primary jurisdiction in these matters, the court denied my request for a Drayton Stay which would have allowed the administrative court to resolve my claims that were pending before the court before I could be evicted by a superior court order. It seems that almost every right and protection I am guaranteed and entitled to was violated and it has been more of the same over and over. I never knew the courts and the attorneys and the process was so broken. The laws in place to protect tenants’ rights seem to be strong in theory, but in practice (at least from my experience) they mean nothing.

    I am not going to let him get way with this; however, I am having difficulty finding the right ear or agency to look into this. Fortunately I have printed out dockets on a daily basis for the foreclosures and real estate matters that I am aware of being involved in his illegal dealings because the record often changes, and liens and encumbrances that appear one day disappear later. Foreclosures that are in progress never happen. Lenders holding title are changed or the mortrgage disappears. My former company appears as the lender on mortgages that were not refinanced and then the foreclosure (on paper) happen and the pay off is received in my former companny’s name, which is really just a bank account set up by my former employer. Incredibly, we weren’t ever a lender. Somehow he has it set up where it appears that he is. Lastly, I am fighting on an uneven battlefield because the forgeries, frauds, misrepresentions, altered or false affidavits of servicewhich are overwhelming and are being accepted by the courts. Does anyone have any information or suggestions?
    Thank you.

  4. FDCPA LAWSUIT

    I also am in an UNLAWFUL DETAINER it is horrible but i can tell you all, that if you want to get them back, well here you go FDCPA federal debt collection practice act. thats right they all claim to be DEBT COLLECTORS well smash em, send them a debt validation letter and see if they can respond to it. My guess is HELL NO they can’t. They would need to verify the debt with ORIGINAL docs pretty close to impossible!!!!!!!!!!!!!!! That sets them up for a FEDERAL LAW suit….. Yes big money back to you if they sell your home well cool 3 times the amount of the lawsuit….. So i say try it all you have to lose is nothin. i have template.

  5. One of the attacks in the generic Notice is an attack on the execution of the docs. Often times, We Steal Homes will be named as the alleged
    substitute trustee (and sometimes after the Notice of Default), but then,
    the Notice of Default is allegedly executed by Joe Shyster Company for
    We Steal Homes, with no apparent authority to execute the Notice of
    Default for We Steal Homes. I don’t know where these people get off with all this bull, but I am fairly certain these issues are not being brought to the attention of courts. Like I’ve said and as anyone who has tried knows, a borrower can’t even sign his wife’s name as poa to a dot (or note) without the title company reviewing the poa and then its likely recordation right ahead of the dot to give notice of one spouse’s authorization to sign for the other. In the absence of recordation of the poa, there is no apparent authority to sign as poa and thus there is no notice. Agreements affecting any interest in real property must be in writing pursuant to the statute of frauds with few exceptions.
    Joe Shyster Company may actually have a limited poa or some such from We Steal Homes, but the record, and that’s where it counts imo, does not demonstrate this.
    No recordation of any notice such as the generic notice will secure one’s rights indefinitely imo because there may be statutory requirements to then act on the notice within a prescribed amount of time. People would have to check their own state statutes. I would think that such notice would, however, serve to further retard the title and preserve any rights at least for a spell.

  6. @marilyn – I don’t know too much about lien-state statutes and most importantly, about assignments of liens which differ from assignments of deeds of trusts in title-theory states.

  7. @johngault

    what changes do you think have to be made to the documents
    filed in the CountyRegistrer in a lien state when the title has never left
    the true owner except by Fraud.

  8. PN: 162-13-708-012

    Recording Requested by
    John Q. HOmeowner
    After recording, return to
    1234 Main Street
    Any Town, Any State, USA

    August 04, 2011

    _________________________________________________________

    NOTICE is hereby given of the claims, information,
    preservations and reservations in the attached affecting
    the real property commonly known as

    1234 Main Street
    Any Town, USA 11111

    and by legal description:

    THAT PORTION OF THE SOUTHEAST QUARTER (SE 1/4) of the

    Northwest Quarter (NE 1/4) of Section 12, Township 18

    South, Range 62 East, M.D.B. & M., described as follows:

    Lot Four (4) as shown by Map Thereof in File 11 of

    Parcel Maps, Page 40 in the Office of the County

    Recorder of Any County, Any State
    _________________________ _______________________

    John Q. Homeowner

    AP # 162-13-708-012

    1234 Main Street
    Any Town, Any State, USA

    A foreclosure action was initiated in January, 2010 on this property.
    A Notice of Default was recorded on January 15, 2010.
    A substitute of trustee was allegedly done to We Steal Homes
    Services two weeks later on January 29, 2010.

    The substitution of trustee was recorded as executed by a party
    with no apparent authority to execute and record such substitution.
    The record produces no evidence of anyone’s authority to make the
    substitution.
    An assignment of the deed of trust to Any Bankster in any title-
    theory state was not found in the records of Any County, Any
    State recorder’s office until January 18, 2010 with an execution in
    December 2010. There is no assignment from Long Beech Fast Loans,
    the lender identified in the original Deed of Trust to any other
    party; the record produces no legal chain of title.

    The 2010 Notice of Default is defective. It was executed, sent, and
    recorded by a party with no authority to issue a Notice of Default.

    These instruments were not executed by parties to the documents;
    the record produces no evidence of any rights to execute for
    the named parties.

    These instuments are false documents and their recordation is a
    violation of the recording statutes of Any State.

    The record does not support any actions currently being
    undertaken by any of these parties. There is no compliance
    with either contractual considerations nor the provisions of
    the laws of Any State.

    The issues listed are not exhaustive. The party signing
    below intends in and by this notice to preserve these issues and
    any others relevant hereto and his rights accordingly.

    ________________________________

    John Q. Homeowner

    ALWAYS CONSULT A QUALIFIED ATTORNEY

  9. @mike

    Like it says in that NY Post article, true justice would have been if the court made Judge Schlesinger pay for her unConstitutional ruling
    True justice for me is getting possession of my two condos back.

    Why is a Judge that refuses to follow the Constitution still sitting?

  10. this is the same Judge Schlesinger that refused to follow the Supremacy Clause of the US Constitution in my case:

    Thie comes from the New York Post of July 12 2011
    Hey, Your Honor: Butt out!
    That was the loud-and-clear message last week aimed at Manhattan Supreme Court Justice Alice Schlesinger — and her ilk — by, of all people, her fellow judges.
    In a rare and unanimous blow for sanity, all four members of an appellate division panel ruled that Schlesinger was out of line when she tried to block the city from laying off 144 Health and Hospitals Corp. employees last September.
    Thursday’s decision lets the city go ahead with the pink slips.
    The courts should not “be permitted to substitute their judgment for the discretionary management of the public business by public officials, as neither have been lawfully charged with that responsibility,” Justice John Sweeny fumed, in writing the decision for the panel.

    Judge Alice Schlesinger
    “By annulling HHC’s layoff determination and mandating that it continue to employ workers identified for layoffs until it came up with a plan which passed judicial scrutiny, the court improperly inserted itself into the executive branch decision making.”
    Well, what do you know?
    A New York court actually recognized its constitutional limits.
    Sweeny, of course, couldn’t have been more right. It’s the mayor who’s elected by city voters — and who’s constitutionally empowered to make layoff decisions.
    Not judges.
    And for good reason, too: City Hall is best suited to weigh its own budget priorities and management needs and to set manpower levels accordingly.
    Alas, all too often New York’s judiciary acts as if it’s got the powers of all three branches of government — legislative and executive, as well as its own. That does a huge end-run around democracy.
    In this case, the layoff delay — from September until now — wound up costing taxpayers $10 million. If there were true justice, the appellate folks might have asked Schlesinger to make good.
    No matter. Be thankful for small

  11. correction inn my below post

    FNT and Coronet title did NOT want to indemnify

  12. Neil

    Do you think a Housing Court eviction could be used in NY if the bank’s attorney admitted that the bank never owned the property but neverthe less auctioned it off and the title companies (FNT and Coronet) did want to indemnify but wanted to keep their clients in the properties?

  13. @mike again

    If you get a job at McDonalds and you don’t follow their laws,
    your history.

    It seems after these New York Judges took an oath to uphold the Constitution, they refuse to obey the Supremacy clause and all
    you hear is give us more money

    Hows about these Judges protecting our Constitution.? and getting New York back to the State the Foundling Fathers envisioned.

  14. @mike
    It is the responsibility of the Chief Judge of every State to ensure that the lower court Judges follow Federal Law.

    I filed a Motion with the NY Court of Appeals (our highest court) for Judicial Review on Constitutional Grounds since Chief Judge Jonathan Lippman had ruled earlier in my case (OCt.15 2009) …the order sought to be appealed does not finally determine the action within the meaning
    of the Constitution.

    The Appeallate Court will not give me a final determination

    .Chief Judge Jonathan Lippman appears to be a decent man
    but I think he is afraid to oppose these five appellate Judges,he know
    what bullies they are.

    The five appeallate judges David Saxe, Friedman, Moskowitz, Freedman and Richter lied about the facts and lied about the dates
    in their opinion it looks like an LPS Docx document.

    These judges are running their own private court complete ignoring their oaths to the Constitution.

    .

  15. @ Marilyn Lane – have you actually notice the Judge in your current case if you have one that he is violating his oath and judicial immunity is removed?

  16. @ Alice – it’s more than that. I live in non-judicial state and it’s not about even believing the attys. When the Judge totally disregards his oath and the State and Supreme Court Case law and the statutes to help the bank steal your home then he should be held liable.

    When they take one recorded document the bank submits but then won’t look at 3 more that are recorded as well that impeach the one the bankers use and they don’t look at yours. the judge needs to beheld liable.

    They are protecting their retirement funds!

  17. Thank you Mike for the link. This sounds complicated but it appears it can be done. I would love to see a thousands of these suits being filed pro se. Pehaps the judges would start paying attention to the fraud they approving every day. Every judge signing away a person’s home should be held accountable. I realize the majority of judges still believe the pretender lenders wouldn’t lie but with all the publicity about robo-signing and fraud how can they continue to help the perpetrators. I live in a non-judicial state…wonder how immune the local sherriff is that signs the fraudclosure papers on the courthouse steps.

  18. @Mike
    good information.

    Noticeable absent from both Judge Schlesinger’s NYSC decision and then the NY Appellate Division’s decision was the US Supreme Court case of Elliot v. Piersol that I cited in all my motions and made my motions pursuant to.

    As the Supremacy Clause of the US Constitution states Judges are bound by the US Supreme Court speaking on an issue.

    In William v. Taylor 529 US 362 (2000) THE US SUPREME court
    held that a State decision is “contrary to clearly established
    Federal law if the decision contridicts the governing law set forth in the US Supreme court case…

    Rulings contrary to US Supreme Court decisions are not legal.

    To allow the Judges to change the law on which Constitutional Rights depend is to render the Constiitutional protections impotent.
    Due Process has been abandoned.

    This is why Fraud is running rampant in our Courts. Some Judges refuse to follow the Constitution.

  19. Found this stuff on http://www.caught.net/prose/immunity.htm

    We need to file against these judges some 42USC1983 cases in Federal Courts to get some action.

    If the complaints aren’t verified and the judge rules against the state and us supreme court rulings that say attorneys cant verify for their client, then the court is knowingly breaking the law and giving himself jurisdiction when he has none. They have no jurisdiction and therefore no immunity.

    When a judge knows that he lacks jurisdiction, or acts in the face of clearly valid statutes expressly depriving him of jurisdiction, judicial immunity is lost. Rankin v. Howard, (1980) 633 F.2d 844, cert den. Zeller v. Rankin, 101 S.Ct. 2020, 451 U.S. 939, 68 L.Ed 2d 326.

    In Rankin v. Howard, 633 F.2d 844 (1980) the Ninth Circuit Court of Appeals reversed an Arizona District Court dismissal based upon absolute judicial immunity, finding that both necessary immunity prongs were absent; later, in Ashelman v. Pope, 793 F.2d 1072 (1986), the Ninth Circuit, en banc , criticized the “judicial nature” analysis it had published in Rankin as unnecessarily restrictive. But Rankin’s ultimate result was not changed, because Judge Howard had been independently divested of absolute judicial immunity by his complete lack of jurisdiction.

    Some Defendants urge that any act “of a judicial nature” entitles the Judge to absolute judicial immunity. But in a jurisdictional vacuum, (that is, absence of all jurisdiction) the second prong necessary to absolute judicial immunity is missing. Stump v. Sparkman, id., 435 U.S. 349.

    “Where there is no jurisdiction, there can be no discretion, for discretion is incident to jurisdiction.” Piper v. Pearson, 2 Gray 120, cited in Bradley v. Fisher, 13 Wall. 335, 20 L.Ed. 646 (1872)

    A judge must be acting within his jurisdiction as to subject matter and person, to be entitled to immunity from civil action for his acts. Davis v. Burris, 51 Ariz. 220, 75 P.2d 689 (1938)

    Generally, judges are immune from suit for judicial acts within or in excess of their jurisdiction even if those acts have been done maliciously or corruptly; the only exception being for acts done in the clear absence of all jurisdiction. Gregory v. Thompson, 500 F2d 59 (C.A. Ariz. 1974)

    There is a general rule that a ministerial officer who acts wrongfully, although in good faith, is nevertheless liable in a civil action and cannot claim the immunity of the sovereign. Cooper v. O’Conner, 99 F.2d 133

    When a judicial officer acts entirely without jurisdiction or without compliance with jurisdiction requisites he may be held civilly liable for abuse of process even though his act involved a decision made in good faith, that he had jurisdiction. State use of Little v. U.S. Fidelity & Guaranty Co., 217 Miss. 576, 64 So. 2d 697.

  20. correction the sentence in my post below should read

    Congress have never given the Banks authority to create money.

  21. @tn harry

    I am sure you know the history of our Country
    and under the Articles of Confederation,
    every State issued its own money and
    it wasn’t working.

    So at the Federal Connvention in Philadelphia in 1787
    when our Constitution was drafted, it was utmost
    in the Foundling Fathers mines to crush paper money made in each State. and that was the intent of Roger Sherman,Wilson, Madison etc whe the words …no state shall …coin money, emit bills of credit, make anything but gold and silver coin a tender in payment of debt…
    (making it an absolute prohibition)

    The Federal Governmmennt did not authorize a Bank or anyone to emit bills of credit or pass checks as legal money. Legal money is gold and silver coin.

    Congress has never the Banks the authority to create money.

    The credit given by Banks is not legal tender.

    Before you were born tn , there was a famous US Supreme Court case
    United States v. Marigold 50 US 560 (1850)

    If the medium which the government authorized to create and establish could immediately be expelled, and substituted by one it had neither, created, estimated nor authorized – one possessing no
    instrinsic value, then the power conferred by the Constitution would be useless, wholly fruitless of every end it was designed to accomplish….

  22. M.Soliman, are you saying:

    “SHOOOOOOOWWWWWW MEEEEEEE THE LEEEEEDGERRRRRR!!!!!

    (show me the ledger…)

    Isn’t that what it comes down to???

    How the heck can the fraudsters dodge the ledger???

  23. Excellent post Neil. To tnharry, I can only hope a few judges or their minions are reading this site. Long past time they understand the ramifications of what they are doing by approving these foreclosures based on fraudulent docs. I hope more people start filing suit against them for being complicit in this ponzi scheme. They need to stop being used by the fraud squad.

  24. @ Marilyn – I agree. I am including our Judge’s oath of office and putting him on notice that if he rules counter to the constitution even to follow a law he loses Judicial Immunity.

    He took no oath to uphold the law and once it is pointed out that he is ruling counter to the constitution and in our case due process he loses immunity.

    Saw this success in a criminal matter in 1993 where a judge reversed his prior sentences against people who pled guilty to a federal offense of obstructing an abortion clinic on state property.

    When the last pro-se defendant brought up the fact that the law only applied on federal territory or involved interstate commerce and he would be violating his oath to follow the constitution and could lose judicial immunity he dismissed the charges and reversed his decision on the first three he sentenced to jail.

    We have to play hard ball if they will not do whats right!!!!

  25. if i lend you $100 at 10% interest, but I borrow my $100 from my friend at 5% interest, does that violate the constitution also?

  26. @marilyn – here’s the section you cite

    “No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.”

    your argument conveniently ignores the first two words….

  27. but writing a book doesn’t necessarily make it true. and I was just trying to help – everyone knows that this site is wide open to all eyes. all it would take is an anonymous email with your comments and there’s no way you get a fair shake in any court.

  28. @tnharry

    While you are on this page tn Cite your authority that allows a
    Bank to lend their Credit, in prohibition to Art 1 Para 10Cl 1
    of the US Constitution.

    You keep ignoring that answer.
    The Constitution prohibits it,
    Congress has never given the Banks the right

    cite your authority.. that allows a Bank to Lend their Credit.

  29. @tn
    Marilyn Lane is my real name.

    If something is the truth it is not slanderous nor libelous

    I have written a book( c 2009/2010) entitled

    “Saccharin Sweet & Sleazy Judge Alice Schlesinger of New York Supreme Court Perpertrated Title Fraud with Frank P Malone of Fidelity National Title and David K Fiveson of Coronet ”

    I have written a book (c 2009/2009)

    have sent copies including copies to the Court, among others and let Judge Schlesinger sue me for slander and I will prove otherwise in front of a jury of my peers and I will show my evidence.

    A Judge takes a oath to uphold the US Constituton 100% of the time or she should not be a Judge.

  30. @Marilyn Lane – unless you have pictures of those two handing bags of money to the Judge, that’s slanderous…and probably not the best way to get favorable rulings in that or any other court. do you really think they don’t read this site and the comments or that someone wouldn’t pass it along to them? you’ve recited your facts a bunch of times – it wouldn’t be too difficult for them to figure out who you are even if Marilyn isn’t your real name

  31. Those of you dealing with Thomas P. Dore on the East Coast may find this interesting:

    http://mortgagemovies.blogspot.com/2011/08/kingcastmortgage-movies-asks-why-is.html

    THURSDAY, AUGUST 18, 2011

    KingCast/Mortgage Movies asks “Why is the Bureau of Natural Affairs Google searching foreclosure mill attorney Thomas P. Dore?”

    *********

    Also as far as my ongoing FOIA battle on the press exemption for payment, while I duke it out with Attorney Larry Wahlquist on appeal I have notified one of my print journo friends who works for a newspaper to simply send in my last letter and say “I want what King wants.”

    http://mortgagemovies.blogspot.com/2011/08/phelan-hallinan-schmieg-update-us.html

    These guys are unbelievable, but they can be had.

    Eternal vigilance…..

  32. Trespass in the time of foreclosures . . . trespass by the bank and its agents.

    This is a new a novel way of looking at the problem..

    Tenant/landlord litigation revolves almost exclusively around “thing”: the jurisdiction sought by the parties is “over the thing” and not “over the person”.

    In rem vs ad personem.

    Summons and complaints in tenant-landlord matters are served by nailing them to the door of the leasehold. There is no need to seek out the tenant and serve the tenant personally. Why?

    Because it is the premises that is being served – not the tenant.

    The landlord is suing the premises and obtaining jurisdiction over the premises by nailing the summons and complaint to the door.

    The purpose of landlord’s jurisdiction over the thing is to obtain a court order granting the landlord control over the premises.

    The resulting court order does not so much give the landlord control as it gives the premises the right to expel the tenant. Nothing makes this clearer than the tenants property lying on the sidewalk.

    In tenant-landlord law – the overarching landlord sin is “breach of the implied warranty of habitability”.

    A landlord who breaches the “implied warrant of habitability”, e.g. not providing hot water, has “trespassed upon the premises”.

    So here we have in tenant-landlord law the application of a criminal act – trespass – to a landlord’s breach of the implied warranty of habitability.

    The principal expectation of the tenant is the “right of quiet possession”.

    A landlord who interferes with a tenant’s right of quiet possession is said to have trespassed on the premises.

    It sounds to me as if a lot of what the banks do is trespass: the banks trespass upon homeowners property. And they do so noisily.

    And apparently – they trespass without one iota of right to do so. The paper they are waving in front of them is fraudulent.

    It’s very sad that these investors purchased paper that wasn’t worth anything.

    But if I had accepted an 11th party check (endorsed 10 times) and it bounced when I deposited it: and if I went and knocked on the door of the person whose name was printed on the check . . . I’d soon be in jail for harassment. I’d be trespassing on that check writers property.

    If that check writer simply demands that I get off his property: my only true cause of action is against the the 11th party who endorsed the check over to me.

    How about money? What about US Currency.

    Do you have any sort of claim against the US Government because the dollar bill somebody paid you is worthless: worth far less today than it was yesterday.

    Of course not: if you went down to DC and entered the US Mint with some sort of document asking Geithner to vacate the place because his money was no good – well you’d be in jail toute de suite (that’s French for PDQ).

    I really really like the banks for criminal trespass. Tenant-landlord law provides the logic.

  33. Banking Scandal is a Symptom of Legal Flaws

    Attorneys cannot seem to add. The general ledger will dictate the fraud and massive materiality for lenders misrepresenting foreclosures. Herein you have conversion of assets, concealment of contribution, re-conveyancing without consideration and sales held subject to a missing condition precedent.

    There is no Holder in Due Course under a familiar “street” REPO held by the “Pooling and Salsa Agreements” everyone praises (Lord) .Make him stop – someone please!

    Foreclosure after foreclosure is brought by Merscorp appointment of a debt collector who is by his own admission foreclosing on a third party creditors claim – not your home. Wake up as its late in the game to contemplate this fact!

    Negative Bid !

    Merscorp is not your problem as it is by its own admission a nominee! The capitation is happening under the Fed as a Subrogator

    READ IT YOURSELF! “negative bid” READ IT YOURSELF!
    The debt collectors have admitted in court, over and over – they are not a party to the foreclosure of real property. Remuneration, recapture contribution and reverse capitation cause IASB members to scratch their heads and ask “WTF” America (“Why the Foreclosure” ).

    I want to help and would love to assist but must ask the following –

    Please, before you litigate another round of QWR (Qualified Whacked Responses), Show me the Note (that says GET OUT) and “case flaw” Flintstones Vs Rubble Circa 1,000 Yrs BC …

    realize that what I am saying and what your avoiding. Herein a general ledger argument I reconstruct that is better than what your bringing into court.

    ARGUMENTS THAT DO NOT WORK!

    Good luck

    M.SOLIMAN
    EXPERT.WITNESS@LIVE.COM

    (There is another round of lender “Soliman Fraud” attacks coming my way – this I have been forewarned). Its Sick and disturbing I know…. but testament to what I know after 23 years as an insider!

  34. I like this idea of evicting the criminals but how do you prevent
    attorney Frank P Malone of FIDELITY NATIONAL TITLE
    and
    DAVID K FIVESON of Coronet Title
    (and now on a modification holding OLD REPUBLIC insurance )
    how do you get them NOT TO PAY OFF A JUDGE
    like they paid off Judge Alice Schlesinger in NYSC
    (to rule against the US Supreme Ct case Elliot v. Piersol )
    so that the Title companies can continue their Fraud.

  35. U.S. Inquiry Eyes S.&P. Ratings of Mortgages
    By LOUISE STORY
    Published: August 17, 2011

    http://www.nytimes.com/2011/08/18/business/us-inquiry-said-to-focus-on-s-p-ratings.html?_r=1

    “…During the boom years, S.& P. and other ratings agencies reaped record profits as they bestowed their highest ratings on bundles of troubled mortgage loans, which made the mortgages appear less risky and thus more valuable. They failed to anticipate the deterioration that would come in the housing market and devastate the financial system.

    Since the crisis, the agencies’ business practices and models have been criticized from many corners, including in Congressional hearings and reports that have raised questions about whether independent analysis was corrupted by the drive for profits.”

    FAILED TO ANTICIPATE??? RAISED QUESTIONS??? ARE YOU INSANE???

    “Okay, yeah, let’s see, if I rate the fake mortgages really high—I get to buy that SWEET yacht I’ve had my eye on…and maybe another mega-mansion—and that sweet little red Porsche…DANG!! Okay, maybe just this once…y’know…later…when it all crashes…we’ll say it was just our ‘pinion…”

    ABSOLUTELY NO CONFLICT OF INTEREST AT ALL WITH THOSE FINE UPSTANDING RATERS.

  36. The judges have been backed into a corner because their retirement pensions were invested in real estate loans and MBS, folks.

    You ain’t gonna get any judge to rule in your favor when he has to help the banks or face trying to live on social security in his old age.

    The whole thing is rigged. Federal Reserve Notes are worthless pieces of paper, and that’s what you got for your signature on a deed of trust that allows them to steal your home, even though they didn’t lend anything of value or risk anything. Stop letting banks steal your homes. Stop letting them get off without any criminal charges, either. It’s time to sue them for fraud, extortion, conversion, deceptive acts.

    On the subject of this post, I really like the idea of disposessing the criminals who have no right or claim, and use fraudulent documents to get people evicted from the homes they rightfully own. Turn the tables on these thieves!

  37. @neidermeyer – most if not all states have statutes which mandate that the trustee’s deed must be recorded within a certain time frame. States have or are adopting statutes which further provide for daily fines for not taking care of vacant property. Turn them in!

  38. […] 17 Aug MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR'S COMMENT: I was talking with an expert in landlord tenant law and I received an interesting suggestion. The case involved someone who has just been served with a writ of restitution where the owner had to peaceably leave her home — or it wouldn't be so peaceful. The suggestion was that the owner file a forcible detainer action of her own against the current p … Read More […]

  39. Those that understand the System.

    which means those that put people in debt reaps the rewards,

    while those that do not understand the system, go into debt, and don’t know.

  40. go in debt,

    and what have you done. You’ve given your future income to pay a debt. You have given up your future create in whatever you want to create. Why, because you have a debt, so you are not really free, free to act, to create, you owe somebody. You are stuck, You have to keep working the job until you pay off the debt. Want to take a vacation, forget it, you still got the debt so you can never really enjoy it.

  41. cubed2k,

    you got it right. i have been telling all along that the one claiming to be the substituted trustee, loan service, beneficiaries, a pool trust are all debt collectors. review all the foreclosure documents such as NOD, SUBS, assignment of deed, notice of default, notice of trustee sale are all debt collectors.
    when the loan was defaulted for 90 days, or more, they would hire third parties to do the collections. the one foreclosing our houses are done by debt collectors and they successfully trick the court in believing that they are the real trustee who has the authority to foreclosed. i included all of this in my pleadings.

  42. Banks,

    It’s all based on DEBT.

    STAY AWAY FROM THE BANKS.

  43. Banks are Business’s, traded on the stock exchange. You can own a share or two of the company.

    You can do business with them or you can not do business with them. Business, right, it’s just business. They offer savings accounts in which you earn very little interest for them to keep your money safe. Or you can get a credit card with them.

    You can do business with local credit unions as well. Almost the same but not quite.

    Banks are business. If you default on a loan they gave you. You are a bad customer and as such your FICO score reflects this.

    If you got credit at 7-11 stores and they created a 7-11 Fico score, and if you defaulted, why you are a bad customer.

    It’s just business. It’s a numbers game. Make more money than you have to pay in expenses and defaults and whatever.

    It’s just business. Make more than you spend and all is good.

    Where did it go wrong? Fraud, and rules changed to benefit those that run the business’s. And those that make the rules.

    Where did it go wrong? Get customers to in debt themselves and trap them. By giving easy credit terms, 0% interest rates.

    Where did it go wrong? Give up your future, yes PART OF FUTURE income to pay for something now because you can’t afford it now.

  44. This is the cart before the horse

    Much more important and in the end telling, is what is this so called proof of forgery? It one has proof, which we desperately need to know what and how to acquire, any legal theory will suffice. Short of an admission from the forger, this is a difficult row to hoe.

  45. leafrog, i agree with you as a pro per it is a battle out there. the 4 causes of action were sustain without leave to amend but i intend to file an appeal. this is the first time i would filed an appeal in appellate court. i did filed my appeal in federal court which is still pending and it was totally different compare to the state appellate court. the judge on this case only allowed us to proceed and amended our fraud claim which only limited to loan modification. if i am going to amend only the fraud claim the other causes of action will be moot and i can’t appeal the 4 causes of action. on other hand if my fraud claim will be dismiss then only the fraud claim could be appealable.

    if i decided that i will not amend the fraud claim, then it will be automatically dismissed the fraud claim by the court and i can appeal all causes of action. this is my understanding of my case.

    hiring a lawyer, i think is not a solution of my problems because 100 plus lawyers i talked and met are not equip to handle this kind of fraudulent foreclosure esp. here in northern ca. all the lawyer’s care is to accept the case and your money and pretend to know the strategy of how to win your case but the truth is if you questions them how they would proceeds the case , they are offended and threaten to withdraw from your case.
    this is just one of my property i have been fighting for since Nov. 2010, it was removed from the state and remanded back to state court. as a pro se, i believed that the judge are afraid to tackle this issue about the foreclosure fraud in favor of a pro se homeowners and i think its up for us pro se to appeal the wrong decision made by the court judges to allow the appeallate court to decide.

    BTW, i successfully did my chapter 11 and converted to chapter 7 and was given a discharged by the court as a pro se and got two of my lien of my properties discharged completely and zeroed out and the trustee abandon all my properties so i could continue to litigate it on my own. although its a struggle to fight back, i find comfort to know that in this website run by Neil, there are many people like you who are very supported and who keep fighting against these termites that ruin our future. thank you neil for this website, you gave us the knowledge and your teaching but most of all you gave us the courage to fight back.

    i will keep you posted.

  46. “Our money system is not what we have been led to believe. The creation of money has been “privatized,” or taken over by private money lenders. Thomas Jefferson called them “bold and bankrupt adventurers just pretending to have money.” Except for coins, all of our money is now created as loans advanced by private banking institutions — including the privately-owned Federal Reserve. Banks create the principal but not the interest to service their loans. To find the interest, new loans must continually be taken out, expanding the money supply, inflating prices — and robbing you of the value of your money.”

    Our money system is not what we have been led to believe.

    My I add ABS and MBS.

    http://www.webofdebt.com/

  47. You want to get these banksters, and congress people.

    I’m afraid the only way is to get dirt on them. Like they did to Elliot Spitzer.

    You got to get dirt on them and expose that. Getting the people behind your efforts is hard to do. You need to make headlines by exposing some dirt on important people.

    You need to get important people involved in the fraud by getting them personally involved in the fraud that hits them in their pocket books. You got to get an important Judge foreclosed upon illegally so he digs and knows, so he has to fight the fraud. You got to get a Congress person foreclosed upon so he has to fight and figure it out. It’s dirty, must must be done. We are 5% of the people. How you gonna make headlines? A few people screaming fraud!!!!!!!!!!!!! Compared to 95% that don’t show up or fight? Most people are paying on their CC cards and mortgages and think all is good. Only 9% unemployment. Makes headlines, but who cares if one is making it. How to you get those that are making it to care about those that are not making it? Pretty hard to do unless you make them feel it or become really aware of the fraud.

    No, you have to get some dirt on important people and expose it. You have to get some important people involved in the fraud somehow. It’s a covert operation in deed.

  48. Let’s see here.

    I’ve stopped paying on my 1st mortgage some 1.5 years ago. I did this when the previous servicer, Chase, sent us a letter stating that IBM Lender Business Processing Services was our new servicer. I had also applied for a home mod with Chase, so in the middle of it, Chase sells servicing rights to IBM LBPS. Per the rules, IBM LBPS sent us a letter stating they are the new servicer of our loan. So I found this website, livinglies. I did some more research. So I sent a QWR to IBM LBPS asking them who owned our loan. They replied back Fannie Mae. I check there website and yes our loan is on there website, MERS too.

    Every month I get a statement from IBM BLPS, it also states on the bottom,

    “This communication is from a debt collector as we sometimes act as a debt collector. We are attempting to collect a debt and any information obtained will be used for that purpose. However, if you are in bankruptcy or received a bankruptcy discharge of this debt, this letter is not an attempt to collect the debt, but notice of possible enforcement of our lien against the collateral property.”

    At first, that sounds scary. Oh my god. But when you really read it, you say to yourself, NOW WAIT A MINUTE HERE. What are you saying really?

    here it is—-

    from a debt collector as we SOMETIMES ACT AS A DEBT COLLECTOR. (Debt collector is somebody who collects for another——per FDCPA)

    if you filed for BK and got it ———thjis letter is NOT AN ATTEMPT to collect the DEBT———but notice of POSSIBLE enforcement of OUR lien against the collateral property.

    OH, doesn’t say MY property??????????????

    Our lien??????????? OUR as in IBM BLPS???? I don’t think so.

    That whole statement is an attempt to get me to RE-AFFIRM the debt.

    I have received several nice promo pieces from this servicer, IBM BLPS telling me I have options – loan mod, deed in lieu, shortsale. I mean more than 3 times. I have not responded to any of the letters.

    These letters keep saying MAY do this or that, just MAY.

    I ain’t responding to these hucksters. It’s the same as credit card written off debt that I have defaulted on 3 years ago, like $100k, doesn’t matter the amount. And these so called “debt collectors” ( really debt buyers, who have no contract with me) call me or write me letters. I no respond month after month and nothing happens.

    Where’s my middle finger!

  49. I believe most of the judges are bought. We have seen some good human beings that are judges that are not bought. And yes I believe we need to use every resource available . If you can afford an attorney and CAN FIND ONE THAT YOU KNOW IS HONEST. WE HAVE HONEST JUDGES AND HONEST ATTORNEYS. IT IS LIKE FINDING A GOOD HUSBAND OR WIFE, YOU HAVE TO LOOK TAKE THE CHANCE AND LEAP FOR THE BEST RESULTS. IF YOU ARE BROKE CAUSE OF THIS CRIME THEN GO FOR EVERY MOVE YOU CAN MAKE AS PRO SE. AND E-MAIL WRITE VISIT OR WHAT EVER IT TAKES TO ALL YOUR REPRESENATIVES. SQUEAKY WHEELS GET THE BEST RESULTS! Remember to look up Wall Street and the Financial Crisis; Anatomy of a Financial Collaspe”. It is a 650 page investigative report for the senate, that details the crime and states this opens the “DOOR” for criminal charges. But none have been filed and most of our Senators have not read it. I am taking the entire copy to my Senator in person. Get educated as much as you can and use case law in your city that is related to your state laws and state cases if you are Pro Se. I am not an attorney. This crime and another I am fighting in the courts has hurt me like the rest of you. We all in the same boat. go from the top credit rating to the bottom., faster than a heavy person stepping on a weight scale, caused by the banksters greed. I have a local Mayor that screwed me as well. Just served him papers today. His goal is to crush all small business in this city to make room for big business for a bigger tax base. He uses his weight “position” to do it. jThis mayor used to be a banker. It starts on Main street.

  50. […] Read More: Should Borrower File Eviction Against Bank? […]

  51. boots: do you have an attorney or are you in pro per? If in pro per, please consult an attorney. This is your house you are fighting for, no time to get cheap or play games or think you have the legal knowledge to beat the opposition. You get one shot at the brass ring (usually). Don’t blow it. Sorry if I offend. I just tell it like it is. Courts are prejudiced against the pro se.

  52. I had 5 causes of actions against pretender lenders. 4 of them were dismissed with prejudice. One was dismissed with leave to amend. If I amend that one cause of action will I in effect waive my right to appeal the other 4 causes of action. Please help as I only have 10 days to make a decision. thanks

  53. It sounds like our case. lol except we have CRC as trustee

    Is it US Bank? or as trustee of some REMIC?

    In either case how do you know its them and not the servicer? I have yet to see one of the trusts actually accept the assignment.

    @ Carie – the judges do it all the time!

  54. How can a sane judge evict someone with all that blatant fraud? Are they really that blind and/or paid off??? I just don’t get it…

  55. Amen.

  56. I am not a lawyer … but I am all for this , the reasoning appears sound.

    We need to use ALL THE TOOLS at our disposal… I would like this much more if criminal charges could be brought. The mill attorneys would care about that.

    I would like to see many more people make use of their ownership against the banksters … In my neighborhood we have at least half a dozen properties that have gone through foreclosure and a sale … and the banks leave the properties in the name of the owner to allow them to skip out on property taxes and association dues.

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