OCC MIGHT BE GETTING MORE PROACTIVE: FILE COMPLAINTS NOW

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EDITOR’S NOTE: It is time to start filing complaints with every agency regulating banks, notaries, servicers and lawyers. Consumer complaints to the Attorney general’s office would also be advisable. If you have good grounds (speak to a lawyer in the jurisdiction in which your property is located, then get the complaint form and file it. There is a growing concern in these agencies that their do-nothing policy is backfiring on them and endangering their jobs.

FROM NANCY DREW

OCC ENFORCEMENT ACTIONS 1/1/2000 – 8/2011

Bank of America, National Association Charlotte, NC C&D 4/13/2011
OCC: 2011-048 DOCKET NUMBER AA-EC-11-12

2 Bank of America, National Association Charlotte, NC FA 2/9/2005
2005-10 2/27/2007 OCC: 2007-012 DOCKET NUMBER AA-EC-04-35

3 Bank of America, National Association Charlotte, NC FA 12/7/2010
OCC: 2010-239 NO DOCKET#

4 First National Bank Of America East Lansing, MI FA 8/13/2001
2001-57 8/28/2003 OCC: 2003-133 NO DOCKET#

OCC ‘ENFORCEMENT ACTIONS SEARCH TOOL FOR WELL FARGO:

1 Wells Fargo Bank, National Association Sioux Falls, SD BCMP
$115,000 6/27/2005 OCC: 2005-77
DOCKET NUMBER: AA-EC-05-43

2 Wells Fargo Bank, National Association Sioux Falls, SD BCMP
$51,205 5/8/2009 OCC: 2009-063
DOCKET NUMBER: AA-EC-09-18

3 Wells Fargo Bank, National Association Sioux Falls, SD C&D 4/13/2011 OCC: 2011-051 DOCKET NUMBER: AA-EC-11-19

OCC ENFORCEMENT 8/19/2011

Civil Money Penalty Orders; Formal Agreements, Restitution Orders

2011-105
JPMorgan Chase Bank, National Association, Columbus OH 7/6/2011

2011-108 JP Morgan Chase Bank, National Association, Columbus OH 7/6/2011

Searched OCC Enforcement Actions Against JPM 1/1/2000 – 8/2000

OCC PROMISES “These lists are NOT guaranteed to be comprehensive ”

1 JPMorgan Chase Bank, National Association Columbus, OH BCMP
$2,000,000 6/14/2011 OCC: 2011-094 Docket Number: AA-EC-11-57

2 JPMorgan Chase Bank, National Association Columbus, OH BCMP
$22,000,000 7/6/2011 OCC: 2011-105 No DocketNumber

3 JPMorgan Chase Bank, National Association Columbus, OH C&D
Cease & Desist 4/13/2011 OCC: 2011-050 DOCKET# AA-EC-11-15

4 JPMorgan Chase Bank, National Association Columbus, OH FA 7/6/2011 OCC:2011-108 No Docket #

Enforcement Action Types:

C&D Cease & Desist Order
Banking organizations subject to cease and desist orders are required to take actions or follow proscriptions in the orders. 12 U.S.C. § 1818(b).

BCMP Civil Money Penalty Order
Banking organizations subject to civil money penalties must pay fines. 12 U.S.C. § 1818(i)(2)

FA Formal Agreements
Banking organizations that are subject to formal agreements agree to take actions or follow proscriptions in the written agreement. 12 U.S.C. § 1818(b).

QUESTION: WHY WERE NO ‘FORMAL AGREEMENTS’ Executed?
Banking organizations that are subject to formal agreements agree to take actions or follow proscriptions in the written agreement. 12 U.S.C. § 1818(b).

QUESTION: WHY WERE NO ‘NOTICES FILE?’
Notices Filed (NFB): Banking organizations against whom an “OCC Complaint” (in the form of a Notice of Charges and/or Notice of Civil Money Penalty Assessment) is filed have an opportunity to litigate the matter before an Administrative Law Judge. 12 USC § 1818(b) (Notice of Charges) and 12 USC 1818(i) (Notice of Civil Money Penalty Assessment)

QUESTIONS: WHY WERE NO PROMPT CORRECTION ACTION DIRECTIVES ISSUED: PCAD:
Banking organizations that are subject to prompt corrective action directives are required to take actions or to follow proscriptions that are required or imposed by the OCC, under section 38 of the FDI Act. 12 U.S.C. §1831o.

QUESTION: WHY WERE NO SAFETY & SOUNDNESS ORDERS (SASO) ISSUED:?
(SASO): Banking organizations that are subject to safety and soundness orders are required to take actions or to follow proscriptions that are imposed by the OCC under section 39 of the FDI Act. 12 U.S.C. §1831p-1.

QUESTION: WHY WERE NO SECURITIES ENFORCMENT ACTIONS ISSUED? SEB:
Banking organizations that are engaged in securities activities, such as municipal securities dealers, government securities dealers, or transfer agents, can be subject to various OCC sanctions, including censures, suspensions, bars and/or restitution, pursuant to the federal securities laws

QUESTION: WHY WERE NO INSTITUTIONAL AFFILIATED PARTEIS (IAP’S) (INCLUDES INDIVIDUALS AND ENTITEIS AS DEFINED IN 12 U.S.C. § 1813(u))
•1829 Notifications (1829): IAPs who have been convicted of, or entered into a pretrial diversion or similar program for certain criminal offenses are notified by letter that they are prohibited from participating in the affairs of any insured depository institution without prior regulatory or judicial approval by operation of law. 12 U.S.C. § 1829.

•Cease & Desist Orders against Individuals (PC&D): IAPs who are subject to cease and desist orders are required to take actions or follow proscriptions in the orders. 12 U.S.C. § 1818(b).

•Civil Money Penalty Orders against Individuals (CMP): IAPs who are subject to civil money penalties must pay fines. 12 U.S.C. § 1818(i)(2).

•Formal Agreements (FA): IAPs that are subject to formal agreements agree to take actions or follow proscriptions in the written agreement. 12 U.S.C. § 1818(b).

•Notices Filed (NFI): IAPs against whom an “OCC Complaint” (in the form of a Notice of Charges, Notice of Intent to Prohibit/Remove, and/or Notice of Civil Money Penalty Assessment) is filed have an opportunity to litigate the matter before an Administrative Law Judge. 12 USC 1818(b) (Notice of Charges); 12 USC 1818(e) (Notice of intent to Prohibit/Remove); and 12 USC § 1818(i) (Notice of Civil Money Penalty Assessment).

•Removal/Prohibition Orders (REM): IAPs who are subject to prohibition orders are prohibited from participating in the affairs of any insured depository institution without prior regulatory approval. 12 U.S.C. §§ 1818(e) or 1818(g).

•Restitution Orders (REST): IAPs who are subject to restitution orders are required to reimburse banking organizations or the Federal Deposit Insurance Corporation for losses caused or for unjust enrichment. 12 U.S.C. §1818(b).

•Securities Enforcement Actions against Individuals (SEI): IAPs who are affiliated with banking organizations engaged in securities activities, such as municipal securities dealers, government securities dealers or transfer agents, can be subject to various OCC sanctions, including censures, suspensions, bars and/or restitution, pursuant to the federal securities laws.

24 Responses

  1. We spent five years complaining about our commercial loan officer who was convicted felon for identity theft and scammed property owners cross country. The occ has issued a 1829 removal for criminal activity. We were victims of embezzlement loan fraud smearing and they dealt drugs through a receiver. Still waiting for arrest information.

  2. I had this very discussion with personnel from OCC.

    I asked them “Do I have to come over there and go to work for your agency and enforce every provision of the contracts for those bailouts? I’ll do it”.

    I got essentially a tired looking yawn from them. They didn’t know what to say. Glad they are finally getting on the stick.

  3. under freddie mac seller/servicer agreement i.e. the servicer/Wells Fargo (works for Freddie) and pays the foreclosure mill/Stern to handle all after the 90 day default and then the servicer/Wells gets reimbursed from Freddie Mac what they paid to Stern. It seems he did the work or part there of and Wells never paid him……………….good question where did the files go…………..look on Freddie Mac website see who the elite law firms are that handle foreclosures for Freddie Mac take notice it seems they are (I think) all non-judicial states in the drop down link.
    Florida list was updated recently
    http://www.freddiemac.com/service/msp/exh79_fl.html

    http://www.freddiemac.com/service/msp/pdf/desigcounsel.pdf

    Notice the docs they are given to be used as evidence (what a joke) so when and where is the affidavit given to the counselor/trustee?

    http://www.freddiemac.com/service/msp/desig_counsel.html

  4. QUESTION- when banks say the bank examiners are in reviewing there loans for the year…which agency is acting as the “bank examiners” ?

  5. Office of Comptroller of Currency regulations prevent enforcment of consumer protection laws. Why? How many hundreds of thousands of residents throughout the USA homes were taken by deceptive acts, with intent, in which the largest producers of non-conforming financial products used ‘real estate’ of the USA to launder money?

    2002 OCC prevents State Attorney Generals from taking actions to enforce consumer protection laws.

    2003 WFC in California wiggles out residential mortgage oversight from under state enforcement to umbrealla of OCC preventing enforcement of consumer protection laws by State Attorney Generals.

    2004 OCC continues to prevent State Attorney Generals from taking actions to enforce consumer protection laws surrounding residential mortgage banking subsidiaries and affiliates. (Watters)

    2005-2009 Cuomo v. Clearing House Association LLC

    July 17, 2009, Summray by Nixon Peabody LLP
    Supreme Court Permits States to Enforce Their Consumer Proection Laws Aganinst National Banks

    http://www.docstoc.com/docs/43304570/Supreme-Court-Permits-States-to-Enforce-Their-Consumer-Protection

    Attorney General Office – Antitrust Doctrine

    Individual states may sue national banks

    Claims for violations of the different consumer protection statues of the various states.

    Finally, the Court carefully considered the meaning of ‘vistorial powers’ and concluded that when a state attonrey general brings suit to enforce state law against a national bank, the State Attorney General is not exercising visitorial powers but rather acting as a law enforcer.

    The Court struck down the OCC’s regulation that included state prosecution of enforcement actions within the scope of the ban on the excise of visitorial powers.

    The Court in determining the “outer limits” of visitorial powers drew a distinction between “visitation as this right to oversee corporate affairs, quite separate from the power to enforce the law.”

    NBA allowed states to enact some substantive laws affecting banks, The Court rejected the OCC regulation to the extent that it would preclude the states from enforcing their own otherwise valid laws.

    The Court separately rejected the OCC’s interpretation of its regulation, reflected in the agency’s statement of basis and purpose in the Federal Register, finding that it “attempts to do what Congress declined to do exampt national banks from state banking laws, or at least state enforcement of those laws.”

    2004 Watters case deprived the state of the power of enforcement authority over mortgage lending practices of subsidiaries of national bans.

  6. 21st Century Prevents Enforcment of Consumer Protection Laws

    1st decade goes down in history as the most unethical baning laundering money daily, collaping the economy. Is the OCC negligent having destroyed the real estate industry by preventing in all 50 states consumer protection laws.

    Astonishingly under the USA Patriot Act October 26, 2001, amending the Bank Secrecy Act to tighten and protech economy.

    How did Congress, OCC, Financial Crimes Enforcement Network, OCC, FRB, FDIC, OTS and NCUA ‘ignore’ movement of US Dollars passing out of US Treasuries US Dollars converted into ‘other’ assets, and allow banks to not track short term investments 90 days and under? LOOPHOLE remains big problem, taxable income to conglomerates will be reported elsewhere. Where if the ‘short term investments 90 days and under don’t have to be reported, and the assets are purchased by foreign instituional investors in smaller transactions that may fall under the radar of concern on a daily basis?

    10/24/2002 what did the FinCen and Department of Treasury rule about private bankers, insurance companies, persons engaged in real estate closings and settlements, investment companies?

    Who allowed undocumented purchases of mortgage notes by institutional investors’ underwriters through real estate origiantions, one mortgage at a atime? OCC does not look at RETAIL. Money moved between purchaser and seller done one mortgage at a time, payee individual settlment agents. The mortgage notes purchased through real estate closings which are not regulated at the RETAIL level and are not reqired to implement money launder procedures bypassing USA Patriot Act Compliance? BIG LOOPHOLE.

    Governance NOT enforcement by the OCC, FRB, FDIC, OTS and NCUA (Federal functional regulators). What happened. Except for mutual funds, investment companies such as hedge funds, private equity funds and venture captial funds, did not have to implement US Patriot act antimoney launder regulations. Why did the Department of Treasury and FinCEN temporarily exempt the requirement of establishing anti-money laundering program for what became in 2004 – 2008 the largest money laundering ponzie scheme of the 21st Century? 2002 Forward OCC prevented State Attorney Generals from enforcing laws. Congress vested Jurisidction to State Attorney Generals. Finally ruling in Cuomo v Clearinghouse 2009 with some arm wrestling the OCC will attempt to classify enforcment of laws by the state to fall under ‘visitorial.’

  7. From today’s Wall Street Journal….

    FORECLOSURE TALKS SNAG ON BANK LIABILITY

    By RUTH SIMON, VANESSA O’CONNELL and NICK TIMIRAOS

    Efforts to reach a settlement that would end the long-running probe of foreclosure practices are snagged over whether banks will get broad legal immunity from state officials for mortgage-related claims.

    Federal and state officials are seeking penalties of $20 billion to $25 billion from Bank of America Corp., J.P. Morgan Chase & Co. and other financial firms under investigation since last fall. The banks are pushing hard for a deal, but they have insisted on a wide-ranging legal release from state attorneys general.

    “They wanted to be released from everything, including original sin,” said a U.S. official involved in the discussions. The legal protection sought by the banks included loan origination; securitization and servicing practices; fair-lending procedures; and their use of the Mortgage Electronic Registration Systems, an industry-owned loan registry that often acts as an agent for owners of mortgage loans, people familiar with the discussions said.

    “The reason the banks would settle or pay anywhere near $20 billion to $25 billion is to get this behind them,” said one person familiar with the banks’ thinking. “There’s no reason the banks would pay that amount of money and leave their flank exposed.”

    U.S. and state officials dismissed the push for broad immunity as a “nonstarter,” according to a federal official involved in the talks, but they have countered with a narrower offer. It would cover robo-signing and other servicer-related conduct but leave banks open to potential legal action for wrongdoing in fair lending and securitization, according to people familiar with the situation. Attorneys general in California, Delaware, Massachusetts and New York have said they are investigating mortgage-securitization practices.

    View Full Image

    Associated Press
    Illinois Attorney General Lisa Madigan, shown in 2009, said in regard to a settlement with banks that ‘we are not releasing fair-lending claims.’

    “Those of us at the table…have maintained this investigation is about robo-signing and loss-mitigation problems,” Illinois Attorney General Lisa Madigan said in an interview. “The release should be narrowly drafted to cover those issues.”

    The debate over the release is one of the most contentious issues facing banks and government officials, who began formal settlement discussions in March, and must be resolved for a deal to proceed.

    Federal officials are aiming for a settlement by Labor Day, with some insisting that making a deal soon would give the housing market a much-needed boost and avoid the risk of a protracted legal showdown with the banks. The foreclosure machine has been sputtering since the issue come to the fore last fall, though banks insist their procedures resulted in few or no wrongful foreclosures.

    Legal releases are thorny to negotiate, since parties under investigation want the broadest possible protection and government officials want to maintain their ability to pursue wrongdoing. In the foreclosure investigation, the process is unusually complicated by the large number of regulators and financial institutions involved, big money at stake and high-profile status of the case.

    The banks have said the size of any settlement should be tied to the scope of the legal release and number of states signing an agreement. One tactic being weighed by the banks is to agree to a settlement acceptable to 80% of the states, sources familiar with the banks’ position said.

    The scope of a release isn’t likely to be a substantial hurdle for states that aren’t pursuing their own investigations of mortgage practices. In addition, some types of legal claims could be difficult to pursue regardless of an immunity agreement because statutes of limitation might have expired, lawyers said.

    Some state attorneys general are publicly resisting a broad legal release or even a narrower agreement if it would impede existing cases. “We in Illinois have made it eminently clear every time we talk about releases that we are not releasing fair-lending claims,” said Ms. Madigan.

    Illinois has filed fair-lending lawsuits against Wells Fargo & Co. and Countrywide Financial Corp., acquired by Bank of America in 2008.

    A Wells Fargo spokesman said the company has filed a motion to dismiss the Illinois lawsuit, and is awaiting the court’s ruling.

    A Bank of America spokesman said: “We continue to believe that the best way to get the housing market going again in every state is a global settlement that addresses these issues fairly, comprehensively, and with finality.”

    Nevada Attorney General Catherine Cortez Masto said she is “going to be very cautious” about any release that could affect investigations or litigation. Ms. Masto has alleged that Bank of America violated the law in its handling of troubled loans. “A broad release isn’t going to do … any good \[for me\] or the people of my state.”

    Massachusetts Attorney General Martha Coakley recently said she won’t let banks escape potential legal liability for claims related to securitization and use of the Mortgage Electronic Registration Systems “until we know all the facts and all of the damage.” Doing otherwise “is like buying a used car without looking under the hood. There’s a good chance you will get a lemon.”

    New York Attorney General Eric Schneiderman has issued subpoenas or requests for information to a range of parties involved in the mortgage machine. The attorney general “remains concerned by any settlement agreement that would preclude attorneys general from conducting comprehensive investigations of the mortgage crisis,” a spokesman for Mr. Schneiderman said.

    Delaware Attorney General Beau Biden has also begun investigating securitization and other mortgage-industry practices. “We would oppose any settlement that would release claims broader than servicing conduct,” says Delaware Deputy Attorney General Ian McConnel.”That would include origination, securitization and [Mortgage Electronic Registration Systems] claims.”

    Write to Ruth Simon at ruth.simon@wsj.com, Vanessa O’Connell at vanessa.o’connell@wsj.com and Nick Timiraos at nick.timiraos@wsj.com

  8. Neil, I don’t think ‘PRO-Active’ and OCC to be the correct ‘action word’

    2002
    January 2004 interesting discussion regarding ‘residential lending’
    January 2004 Michigan & Wachovia Bully State which tried to protect consumers. Who did not protect consumers? COngress.

    But for the very good reasons discussed here, you need to hold CONGRESS accountable for preventing enforcment of laws and overstepping limited powers to create laws not prevent enforcement of laws.

    http://www.occ.treas.gov/topics/laws-regulations/litigation/leg-proc-other-wachovia-vs-watters.pdf

    Michigan Law prohibits personal, including national bank operating subsidiaries (though not national banks) from acting as first and second mortgage lenders without first registering with the Commissioner on a prescribed form.

    Wachovia Mortgage Corp became an operating subsidiary of Wachovia Bank, it notifed Commissioner of its intention not to renew its mortgage registration with the Commissioner, but to continue to operate without registration in reliance on federal law.

    Michigan’s Commissioner Office responded by letter, advising Wachovia that under Michigan Law, Wachovia would not be authorized to conduct its mortgage lending business upon cancellation of the registration. See Exhibit 2.

    Federal Law, both before and after the effective date of the recently revised OCC regulations authorizes Wachovia Bank to conduct real estate lending activities through Wachovia Mortgage Corp, an OCC-authorized operating subsidiary, …. state restrictons are preempted by operation of the Supremacy Clause.

    Federal law preempts state statutes that purport to require WMC to register with Commissioner as a condition of engaing in mortgage lending and that purport to authorize the Commissioner to supervise or take enforcement action agains WMC.

    US Constitution Supremacy Clause
    When federal government acts within sphere of authority, federal law is paramount over, and preempts, inconsistent state law.

    All that is discussed here in retrospect, a consumer, can see how the economy was harmed.

    Why can’t President O’Bama he is not acting as Commander-in-Chief, as required under oath to protect welfare of nation and enforce laws all laws broken by all parties.

    http://livinglies.wordpress.com/2011/04/19/nocera-occ-is-letting-banks-off-the-hook/

  9. January 2004 Michigan & Wachovia Bully State which tried to protect consumers. Who did not protect consumers? COngress.

    But for the very good reasons discussed here, you need to hold CONGRESS accountable for preventing enforcment of laws and overstepping limited powers to create laws not prevent enforcement of laws.

    http://www.occ.treas.gov/topics/laws-regulations/litigation/leg-proc-other-wachovia-vs-watters.pdf

    Michigan Law prohibits personal, including national bank operating subsidiaries (though not national banks) from acting as first and second mortgage lenders without first registering with the Commissioner on a prescribed form.

    Wachovia Mortgage Corp became an operating subsidiary of Wachovia Bank, it notifed Commissioner of its intention not to renew its mortgage registration with the Commissioner, but to continue to operate without registration in reliance on federal law.

    Michigan’s Commissioner Office responded by letter, advising Wachovia that under Michigan Law, Wachovia would not be authorized to conduct its mortgage lending business upon cancellation of the registration. See Exhibit 2.

    Federal Law, both before and after the effective date of the recently revised OCC regulations authorizes Wachovia Bank to conduct real estate lending activities through Wachovia Mortgage Corp, an OCC-authorized operating subsidiary, …. state restrictons are preempted by operation of the Supremacy Clause.

    Federal law preempts state statutes that purport to require WMC to register with Commissioner as a condition of engaing in mortgage lending and that purport to authorize the Commissioner to supervise or take enforcement action agains WMC.

    US Constitution Supremacy Clause
    When federal government acts within sphere of authority, federal law is paramount over, and preempts, inconsistent state law.

    All that is discussed here in retrospect, a consumer, can see how the economy was harmed.

    Why can’t President O’Bama see this?

  10. EULE thank you.

    Is the ‘OCC’ now the FEDERAL RESERVE?

    Congress vested powers to OCC not to FEDERAL RESERVE

    12/9/2002 Nixon Peabody Notice is a summary of OCC Advisory. Not full analysis of matter summarized.

    OCC ISSUES ADVISORY LETTER CONCERING THE APPLICABLITY AND ENFORCEMENT OF STATE LAWS; CONTACT OF STATE OFFICIALS

    On October 29, 2002, the Comptroller of the Currency issued OCC Advisor Letter AL 2009-9 concerning the applicability and enforcement of state laws on national banks.

    ‘THE OCC IS THE SOLE AGENCY GRANTED ‘VISTORIAL RIGHT POWERS’ OVER NATIONAL BANKS, EXCEPT WHERE FEDERAL LAW MAKES PROVISION FOR ANOTHER REGULATOR TO HAVE THAT ROLE.

    Powers include:
    -Examination of a ntional bank;
    -Inspection of a national bank’s books and records;
    -Regulation and supervision of activities authorized or permitted pursuant to federal banking law; and
    -Enforcing compliance with applicable state or federal laws convering those activities.

    Conflict of interest in enforcing law:

    Two procedures instituted by OCC:

    – State Officials contact OCC if they have any information that national bank may be violating federal or applicable state law

    -National banks contact OCC if they are contacted by State Official seeing information from bank that may constitute attempt to exercise visitation or enforcment power over bank. OCC encourates national banks to contact OCC asap following initial contact by state official on whether such requests may conflict with federal standards applicable to regulation and supervision of nationla banks.

    http://www.nixonpeabody.com/linked_media/publications/RFIA_12092002.pdf

    Source Nixon Peabody

    Nixon Peabody LLP is recognized as a Global 100 law firm—one of the largest in the world—with approximately 700 attorneys collaborating across major …

  11. Shelly, please call.
    Don’t reveal the alleged unlawful business acts. The OCC without authority to adjudicate. All you need to report to the OCC is the ‘Foreclosure’ Servicing issues, and attach to Attorney General Office of COnsumer Complaints all of the details of ‘alleged’ unlawful business acts.

    All CAG of OCC does is send an email to Wells Fargo there is a consumer compalint, and someone opens the cue, notifiies the ‘Wells Fargo Home Mortgage ‘Executive Specialist’ the Master Servicer who will respond to all issues the standard ‘We have already addressed this issue’ and all they send is a letter informing you how to submit a loan mod, or short sale, ….

    What state are you in?

  12. Malco—did you ask for the complete loan file? Asking for PROOF that your payments were/are going to an actual “creditor” of an actual “mortgage”—including a valid LEDGER showing all monies paid/conveyed to actual creditor/lender—NOT servicer???
    They CANNOT legally foreclose unless they can prove those things…this is my understanding…
    I asked for this proof and they stopped the foreclosure…

  13. I know I went on a rant the other day , but we all have days where the walls feel like they are closing in , I got yet another letter from B of A saying we were denied and they would start foreclosure proceedings . I called the one woman , regular CSR and said let me talk to your boss, then went on to explain to her that I write Brian Moynihans office , I have a securitized audit in hand and lets go to court , in my western Md good ole boy county , and I have been here 22 years and ,the Irish back round clause inserted here – have probably drank a beer and shot a few games of pool with at least 5 or 6 of my 12 peers , so bring it on – lets go to court I told her , shit , I am filing against them , they cannot do a thing . I jumped on the Arizona AG bandwagon and may jump on a couple more , and hell no I will not re-affirm the loan unless YOU sign MY addendum and I will not sign mod papers , I need a negotiator , because including 2 dormant work permits ( I am buddies w/ entire inspection dept. , I am a contractor ) and did not even reveal the big ace of spades it will cost you 250k for a 152k property , never show your hand . She said she would E-Mail me Fri. – Nothing yet ?

  14. I just sent a second larger packet and reply to the O CC letter to me, a week ago with a repeat of the crimes and proof and reports they should be reading. My senator from this area is to busy to read the 650 page Senate report. I am told by one of her employees. So I am yellow marking the highlights of it so she can speed read the major topics. Now as important as all this is I do not understand how she can be to busy to read a report that effects thousands and millions of Americans and the economy including her own funds for her office and staff. I am dropping it off with the highlighted parts on Monday.

  15. File Complaints Today!
    Copy your Representative Page 3 of 6
    ‘Relationship’ REPRESENTATIVE (x)
    Page 4 of 6 Select ‘Other’
    You need to fill in your Representatives name, address, email.
    The Representative of your District.
    Page 5 of 6 the complaint
    Page 6 of 6 you can view before final submission
    Cut/paste into word document.
    When you submit you’ll receive a temporary confirmation.
    When an OCC Consumer Complaint # is assigned you’ll receive the number via email.
    You then can submit evidence, and more detail, and send copy of all information to your State Attorney General Office of Consumer Affairs, and request they open an investigation into the Servicing of the foreclosure. Attach for the Attorney General any information related to issues the Attorney General does have Jurisdiction, over alleged unlawful business acts.

    The OCC does not have jurisdiction over any alleged unlawful business matters and the OCC does not have authority to adjudicate alleged unlawful business acts.

    The OCC as regulatory agency suppose to make sure the Cease & Desist is enforced, that the servicers are acting according to the procedures and policies in force that the OCC approved. Robo-firms, robo-signating, issues of Foreclosure-gate are prohibited. REPORT the national association’s affiliates acts.

    REPORT REPORT REPORT what is not lawful about the ‘Servicers’ foreclosure actions’

    https://appsec.helpwithmybank.gov/olcc_form/

    The reason you all need to file complaints with OCC and Attorney General is to ensure each are aware that the other is aware of the complaints and that you address the OCC Issues they have authority over and you address the Attorney General for subject matter jurisdiction of alleged unlawful business acts.

    Do not include any of the alleged unlawful business acts in the OCC complaint. The OCC copies everything you send to the bank and asks the bank to respond. The bank will provide their standard response which is ‘We have already responded’. But the Attorney General having copies of the communication, OCC Complaint#, and additional details and information Origination through Foreclosure, and copies of documents that are evidence, including any documents of robo-firm filed with County Clerk/County Recorder, any documents filed with COURTS that are falsified, etc. will collectively provide evidence and the AG Office can put together data facts, pattern and practices which harmed the state and/or consumers.

  16. BTW: When I asked for discovery from the banks, they included a piece of paper that said something like ‘these people are authorized to sign for MERS as vice president or secretary’. The list included the name of the person who signed as vp of cap one and MERS. It was on Cap One letterhead, but nothing official or notarized or anything, like they just typed it up, it was dated Oct 2009 I think. our foreclosure started July 2010.

  17. I sent my complaint to the OCC months ago, they sent it to Capital One and they said they didn’t do anything wrong….OCC said, “I guess they didn’t do anything wrong”. I wrote back with the proof, never heard anything from them again. Sent to AG office, all kinds of different ‘foreclosure relief’ type places. No one has offered anything except ‘there are a lot of people like you, hang in there’……so, none of them actually help you with anything. I even petitioned the judge for help, he denied any help till after the first part of the suit is done, then maybe he will allow me some legal counsel of some sort…..thank you so much…not.

  18. SO GOOD TO SEE FINALLY!!!!!

  19. Oh oh oh….

    Now that THEIR jobs are threatened, they are having a change of heart??? Will wonders never cease.

    And will America ever be able to get rid of SELFISH?

  20. I wonder whether the ones worried about their jobs will be losing the job anyway. I have worked [places] where I had to be a “team” player even though I knew something was not kool.

  21. CAn someone please explain this to me? i put a complaint to the occ in april 2011 AND aLL THEY DID WAS FOWARD WHAT I WROTE TO WELLS FARGO. THEY DIDNT EVEN INQUIRE ABOUT WHAT I WROTE LOST PAPER WORK AND MOVED FILES. ALTHOUGH WELLS FARGO DENIED ANYWRONG DOING THEY DID NO INVESTIGATION. AND I HEARD TODAY FROM A LAWYER ORAL CONTRACTS STAND. FANNIE/FREDDIE WENT AROUND TELLING BANKS TO SPEAD UP FORECLOSURES INSTEAD OF MODIFY TO QUICKLY COLLECT THE CDS CREDIT DEFAULT SWAP INSURANCE IN MY CASE WITH A 200K MORTGAGE CAN WE WORTH 30X THE AMOUNT 6,645,000.00 SO THERE IS THE INSENTIVE AND MOTIVE. WHY MODIFY? WHEN 6 MILLION IS AT STAKE? SO OCC DOES NO INVESTIGATION aND WELLS FARGO CONTI,UES TO PERSUE FORCLOSURE . THE BANKS TO SPeED UP FORECLOSURES ON CURRENT HOME OWNERS TOLD US WE had to be in eminent default to apply when asked for it in writing they refused. The real wording was eminent default anticipated the oral contract null and voided these mortgages they did not think we new enough

  22. Under the Cease & Desist, what is the OCC in the horizontal regulatory agency review?

    For example with Wells Fargo Bank NA ‘Foreclosures’ in the name of the ‘Trustee’

    QUESTION OCC: The Foreclosures turned over by Wells Fargo Home Mortgage employees to subservicers, REO Lenders, REO Brokers, ROBO-FIRMS, and I was just wondering since all of these matters are related to ‘RETAIL’ and the Servicer – subcontracting the foreclosures to third parties, and you don’t adjudicated alleged unlawful business matters, and have not authority over the individual entities who are responsible for the falsified documents, the LLC pass through agencies, etc., what exactly is the C&D accomplishing as the:

    United States of America
    Department of the Treasury
    Comptroller of the Currency

    Cease & Desist aganint ‘Trustee’ Wells Fargo Bank NA, Sioux Falls, SD AA-EC-11-19 dba Wilmington Truste Corp?

    Further, what about all of the ‘fictitious names’ Wells Fargo Bank NA does business under: America’s Servicing Co a fictitious name for Norwest Home Mortgage, just one example.

    OCC Interagency horizontal review
    [OCC – Banks & Other Agencies () workflow]

    Examination of residential real estate mortgage foreclosure processes of Wells Fargo Bank, NA, Sioux Falls, South Dakota (“Bank”)) OCC identifies certain deficiences and unsafe or unsound practices in residential mortgage servicding and in the Bank’s initital and handling of foreclosure proceedings. BAND Consented to issuance of Consent Cease and Desist Order and Bank committed to taking all necessary and appropriate steps to remedy deficiencies and unsafe or unsound practices identified by OCC, and to enhance Bank’s residential mortgage services and foreclosure process.

    Comtroller Findings:
    Largest servicer of residential mortgages services a portfolio of 8,900,000 residential mortgage loans thru Wells Fargo Bank NA…

    http://apps.occ.gov/EnforcementActions/
    Enforcement Actions Search Tool
    The following financial institutions, organizations, or affiliated parties have been the subject of OCC enforcement

    Squib contains the DOCKET AA-EC-11-19 for Wells Fargo.

    OCC ‘ENFORCEMENT ACTIONS SEARCH TOOL FOR WELL FARGO:
    1 Wells Fargo Bank, National Association Sioux Falls, SD BCMP
    $115,000 6/27/2005 OCC: 2005-77
    DOCKET NUMBER: AA-EC-05-43
    2 Wells Fargo Bank, National Association Sioux Falls, SD BCMP
    $51,205 5/8/2009 OCC: 2009-063
    DOCKET NUMBER: AA-EC-09-18
    3 Wells Fargo Bank, National Association Sioux Falls, SD C&D 4/13/2011 OCC: 2011-051 DOCKET NUMBER: AA-EC-11-19

    OneWest Bank in NJ may now resume its 3,800 ‘uncontested’ residential mortgage foreclosures pending in state court. Decision comes two days after the court allowed 4 of the country’s biggest banks
    BOA, Citigroup, JPM & Wells to resume foreclosures.

    A court appointed special master determined OneWest properly reviews documents, trains employees, keeps records and a number of ‘other’ criteria. All pending foreclosures in New Jeresy acquired from Indymac two years ago may proceed with OneWes. Ally Financial dba GMAC still waiting for court approval on its foreclosure cases.

    Important QUESTION: The ‘Servicers’ turn over for foreclosure 90+ Day defaults into collection with robo-mills.

    The robo-mills are in agreement with the LLC’s who are not under authority of OCC, and receive documents ordered c/o Servicers, and Wells Fargo Bank NA as Servicer of many ‘private brand label’ loans is not necessarily the TRUSTEE. As subservicer foreclosures are done in other names.

    Who is going to reveal this mess.

    The robo-mill David Stern sued the institutional investors Aurora Loan Services, Freddie Mac

    AS A MATTER OF FACT, DAVID J. STERN LISTED WELLS FARGO AS ITS LARGEST CLIENT WHO BENEFITS FROM DAVID J.L STERN LAW OFFICE ‘CASHING IN ON FORECLOSURES’ BID RIGGING.

    PROVEST LLC, TAMPA FL

    DEUTSCHE BANK REQUESTS STERN NOT SPEAK WITH MEDIA.
    OLD NEWS ‘STERN’S BIG BOAT WAS TO BE NAMED
    ‘Su Casa es Mi Casa’

    Do you need translated?

    “Your House is My House”

    Name on a boat only visible to others not the people on the boat.

    NOW DAVID J. STERN IS THE ‘BACK OFFICE’ FOR THE FORECLOSURE PROCESSING OF WHAT? THE FALSIFIED DOCUMENTS PLACED INSIDE OF ‘CASE FILES’ GIVEN TO HIM AND ORDERS ON WHAT TO DO ‘AUTHORITY’ NOT TRANSFERRED TO HIM.

    AUTHORITY IN THE CASE OF ‘WESLLS FARGO’ REMAINS WITH THE ‘SERVICER’ AN INDIVIDUAL EXECUTIVE SPECAILIST ASSIGNED TO EACH ‘INVESTORS’ LOAN PORTFOLIO, AND THAT SAME EXECUTIVE SPECIALIST, MINE IS BONNIE SCHOOLER, STAYS ON THE CASE AND IS INVOLVED IN EVERY DECISION FROM TURNING OVER TO ROBO MILL, FILING THE FORECLOSURE WITH THE PRE-APPROVED REO LENDER – THEIR SUBSIDIARY PREMIER ASSET SERVICES, PASREO, WHOSE REO BROKERS, PAY TO BID ON REO PROPERTIES AND MANAGE THE PROPERTIES DURING PRE-FORECLOSURE AND DURING POSSESSION OF BANKS AS REAL ESTATE OWNED PROPERTY UNTIL ITS RESOLD.

    SO WHAT GOOD DOES IT DO TO STOP THE ‘DEALER’ WITHOUT PUNISHING THE MANUFACTURER?

    ITS NOT LIKE ‘DAVID STERNS’ CREATED THE NATIONWIDE NETWORK AND PROVIDED THE INFRA-STRUCTURE, VENDORS, SUBSCRIBERS .

    I SEE WHERE DAVID STERN SUED FOR PAYMENT MONEY DUE IN HANDLING THE CASE FILES FOR FREDDIE MAC AND AURORA LOAN SERVICES.

    I DON’T SEE WHERE DAVID STERN HAD TO SUE ‘WELLS FARGO’ IS THERE A GOOD REASON FOR THAT? LIKE THEY PAID HIM AND TOOK THE CASE FILES BACK? AND WHERE DID THOSE CASE FILES GO IF WELLS FARGO IS THE LARGEST CLIENT OF DAVID STERN?

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