HARD BALL: Banks Pull Out of Negotiations with Attorneys General

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BANKS FAIL AGAIN ON AMNESTY DEMAND

If we follow the law, there doesn’t need to be a free house for anyone but that isn’t what the banks want.

“My message to the banks: Be careful what you wish for. If the choice becomes whether to give a free house to the borrower or a free house to the banks, the tide is turning and politically your stock, like in the stock market, is going down. Judges are going to give the free house to borrowers as collateral benefit after all the collateral damages we all suffered as a result of the securitization hoax.”

Editor’s Note: Not surprising. They weren’t going to get what they wanted so they pulled out rather than face the music. The battle is now escalating. Some of the AG’s wanted the settlement for political purposes, but more and more politicians are realizing that the key word in politics for the next election cycle is RUN AGAINST THE BANKS. Nobody likes them anyway.

As we enter the close of the 4th inning of a nine inning game, things are turning sour for the banks as they must. What they want simply isn’t possible unless we abandon our laws and an orderly society. Every week more courts at the trial and appellate level are coming to the same conclusion and the reason is the same: when you actually look at what the banks did versus what they said they did, you come up with two different scenarios — the truth and the lies.

The truth is that the Banks tried to obfuscate their actions with a snowstorm of paperwork. It worked up until now, because it was just too much for regulators and law enforcement to read all of that stuff. But some people, like our team at livinglies, DO look a the money trail and DO look at the Document trail (SEE COMBO) and DO the math in loan level accounting and forensic analysis. The end result is that the liens are not perfected in most instances and even where they were, they were unperfected when they split the obligation from the mortgage. The note was defective from the start just as the mortgage bond given to investors was defective from the start.

All of that means that there may be an obligation, but without a full accounting of all the money transactions related to the the each loan, there is no real claim of default or demand for payment that can be made. And even if there is anything left of the obligation after deductions for payments received by the real creditors, the investor/lenders, the mortgage either never attached to the land (most cases) or detached from the land (some cases). Either way, the mortgage lien does not exist today and either way there can no foreclosure.

If the Banks had their way, they would be able to foreclose anyway and keep the money like they have been doing. THEY GET A FREE HOUSE. The truth is that of course, the borrowers want a free house, who wouldn’t? But so do the banks who never loaned any money nor purchased the obligation. If we follow the law, there doesn’t need to be a free house for anyone but that isn’t what the banks want.

My message to the banks: Be careful what you wish for. If the choice becomes whether to give a free house to the borrower or a free house to the banks, the tide is turning and politically your stock, like in the stock market, is going down. Judges are going to give the free house to borrowers as collateral benefit after all the collateral damages we all suffered as a result of the securitization hoax.

The five biggest mortgage servicers have cancelled a planned negotiating session with representatives of the 50 State Attorneys General in apparent protest over a federal regulator filing suit against them, a source familiar with the matter tells TIME.

The banks canceled the meeting on Tuesday afternoon in protest over the announcement last Friday that the Federal Housing Finance Agency would bring a broad case against 17 firms, including those in talks with the State AGs. The FHFA, which oversees mortgage giants Fannie Mae and Freddie Mac, alleges the firms violated securities law by misrepresenting the value of bundles of high-risk mortgages they sold. FHFA did not say how much the case might be worth, but outside analysts have said it could potentially produce billions of dollars in compensatory damages from the firms.

The big mortgage servicers, including Bank of America, Citigroup, JP Morgan and others, were scheduled to meet late this week with the State AG negotiators as part of a separate investigation. Those talks are aimed at a settlement that will address standards for handling past and future mortgages, massive penalties (reportedly as high as $20 billion), and a release from legal liability for the servicers in other mortgage matters.

The State AGs did not foresee releasing the banks from liability for the kinds of violations alleged in the FHFA suit. The AGs are focused on the relationship between the banks and borrowers, while FHFA is focused on the bundled, or securitized, mortgages sold by the 17 firms. The big banks apparently were hoping they would be exempted from suits alleging they fraudulently sold bogus mortgages to investors, knowing they were less safe than advertised.

The State AGs, led by Iowa AG Tom Miller, have been desperately trying to finalize their settlement for months. The FHFA suit only complicates that process. Spokespeople for several of the large mortgage servicing banks did not respond to requests for comment on the canceled meeting.
Read more: http://swampland.time.com/2011/09/08/vexed-by-securitization-suit-banks-pull-out-of-mortgage-fraud-settlement-meeting/#ixzz1XTfmAdAT

29 Responses

  1. […] Filed under: bubble, CDO, CORRUPTION, currency, Eviction, foreclosure, GTC | Honor, Investor,Mortgage, securities fraud Tagged: | bankruptcy, borrower, countrywide, disclosure,foreclosure, foreclosure defense, foreclosure offense, foreclosures, fraud, LOAN MODIFICATION, modification, quiet title, rescission, RESPA, securitization, TILA audit, trustee,WEISBAND, yield spread premiums « HARD BALL: Banks Pull Out of Negotiations with Attorneys General […]

  2. There is definately a lot to know about this topic. I like all of the points you have made.

  3. Hello! I just would like to offer you a big thumbs up for the excellent information you have right here on this post. I’ll be coming back to your blog for more soon.

  4. State Attorney Generals need to be able to enforce laws, and State Governor needs Executive Order to release State Attorney General from OCC ‘exemptions’ to enforce laws. Evidence sits in every file draw in every bank closing agent file folder for every loan, ever location in New Jersey west of Wall Street you’ll find Bailee Agreements, lets go!

  5. The founding fathers understood that the Executive, Legislative, and Judicial Branches of government might someday fail in their duty to protect the people from tyranny. the First Amendment Accountability Clause.

    Unfortunately, the latter is also known as the “forgotten clause”, as barely any Americans are aware of it and even less are aware of its meaning. Further, the US Supreme Court has thus far refused to perform its duty in defining the meaning of these last 10 words of the First Amendment: “… and to petition the Government for a redress of grievances.”

    The founding fathers also knew that unless the Right to Petition included the right to withhold money from the Federal government UNTIL the People’s grievances were remedied, their grievances might fall on deaf ears and liberty would give way to tyranny and involuntary servitude.

    Therefore, within an act of the 1774 Continental Congress regarding Petitioning for Redress of Grievances, the founding fathers said:

    “If money is wanted by Rulers who have in any manner oppressed the People, [the People] may retain [their money] until their grievances are redressed, and thus peaceably procure relief, without trusting to despised petitions or disturbing the public tranquility.”

    If each consumer harmed submittted their petition to redress grievances prayerfully seeking enfocement of laws which is what injunctive relief as allowed under law means, we could secure State Governors are aware of lawlessness and exemptions and harm which has befallen residents due to clear fact laws unenfo

    I humbly submit to my Governor State of New Jersey, invoking my unalienable Right to Petition for Redress of Grievances,and seek protection from harms of MONEY LAUNDERING, PREDATORY LENDING & Consumer Protection Law exemptions c/o OCC Oversight Federal Reserve Visitorial Powers c/o Supramacy Clause attach ‘exemptions’ to all affiliates of national banks Mortgage Servicers. FinCen should require all money ‘cash’ to be registered for sale of Mortgage Notes, Sale of Loans wehther a national bank or not, whether an affiliate of a ntional bank or not for had the State of New Jersey been able to investigate consumer allegations of frauds of predatory lending enforcement of laws ‘exempted’

    Had State Attorney Generals been allowed to enfoce laws of state and protect residents the states would not have been harmed by the alternate investmeents and largest producer of non-conforming investments private network c/o Chase, Wells Fargo, GMAC, Deutsche Bank dba Bankers Trust Company of CA, National Association, in which Sale of Note took place with Aurora Loan Services Inc, c/o Bailee Agreement and Sale of Loan took place with DBT Co LTD (Deutsche Bank Trust Company of New Jersey a Non-Deposit Trust Company Non-Member, an affiliate of a Mortgage Servicers’ national bank c/o Sale & Purchase Agreement ‘Wells Fargo Bank NA’ for example. The note separated from accrual of promise to pay c/o Temporary Lender/Underwriter approving commitment to forward sell loan into future REMIC.

    All cash transactions executed by affiliates of national banks Mortgage Servicers in a Bailee Agreement c/o Aurora Loan Services, Inc. and Deutsche Bank AG c/o Bankers Trust Company of California, National Association 2002 forward, cash from Sale of Note and that cash passed to Loan forward sold c/o Depositor c/o Mortgage Servicer’s affiliate of a national bank, are exempted from money laundering regulations. That cash passed into depository is not sitting in a passbook account dedicated to that Loan# nor dedicated to the prior loan payoff, that cash under the Bank Secrecy Act is a deposit and moved outside USA right away as Chase describes in 12/31/1996 10K to make sugar ‘interest’. Consumer forced to leave cash in passbook savings account or penalized for moving out transactions ‘interest’ sugar but banks allowed to move cash and have to record transactions not exempted. All cash attached to Mortgage Loans c/o national banks Mortgage Servicers exempted and this is huge and harmed economy, which is negligent for not enforcing laws and allowing such harm?

    Cash purchased in exchange for a Note. Cash given to Depositor is not sitting in a passbook savings account. No! Cash deposits feeds tapeworm, and makes sugar from interest from day 1 makes tapeworm fat and happy sucking the life out of host consumer who is without due process c/o ‘exemptions’ from money laundering, predatory lending and all consumer protection laws of federal regulatory agencies mute c/o consumer c/o national bank Mortgage Servicers.

    Sale of Note, c/o Bailment Agreement who knew just Nancy Drew that Deutsche Bank AG dba Bankers Trust Company of California NA is significant! DBT Co. Ltd, Deutsche Bankers Trust Company of New Jersey Ltd, Non-deposit Trust Company Non-Member, in another agreement as or with custody of a pension fund move ‘cash’ out and attach to ‘loan’ c/o national bank affiliates of Mortgage Servicer at RETAIL (Temporary Lender is affiliate of Wells Fargo Bank NA) Loan# forward sold to depositor Wells Fargo Asset Securities Corp. Both registrants over SEC, Aurora Loan Services Inc. and Wells Fargo asset Securities Corp move cash or pledged asset to alternate institutional investors c/o affiliates of national banks Mortgage Servicer. The cash keeps moving out of each consumer’s checking account into some lockbox which deposits currency ‘cash’ into bank and none of that cash is recorded under money laundering moved c/o REMIC recorded or tracked and disappears why? Sanctions by SEC if, sanctions by FTC if, Sanctions by OCC if, if what? Federal Reserve says ok else no. What about predatory lending? etc. Laws created in States to protect residents mute. Not acceptable when all federal regulators don’t protect consumers period. Fact. Fact. Fact. If you have not invoked your rights of consumer protection then you don’t know and go file Complaint with OCC if Mortgage Servicer national bank. Now that you know Aurora Loan Services an affiliate of a national bank, file your complaint and find out for yourself

    You’ll now realize if you sit still and look at transactions and understand regulator OCC’s power to prevent enforcement of law all laws that otherwise would protect consumers! Hello! Egregious acts Acts Governor of State Commander-in-Chief of State and can issue executive order and bring into light of day ‘exemptions’ should be removed related to money laundering, predatory lending, consumer protection laws to be enforced. How mad are you? If you understand Aurora is an affiliate of a national bank that the ‘Mortgage Servicer’ that is what Aurora Is to the Bankers Trust Company of California NA, a national bank’s affiliate as Mortgage Servicer. The sale of the note has a unique number like the Sale of the Loan the ‘depositor’ an affiliate of a national bank’s Mortgage Servicer. The cash transactions did not get recorded therefore not tracked as required by FinCEN – Money Laundering Act 2003, exempted by OCC visitorial powers c/o Supremacy Clause ‘win’ 2002 – Wells Fargo & Bankers Trust got out from under State Attorney General c/o OCC and oversight of Federal Reserve during the greatest period of regulations put in place to protect economy, third element of our national security. Who is negligent? Federal Reserve? OCC? SEC? FinCEN? House of Representatives each member all 435 members and all 100 Senators in every state – the laws would have prevented the collapse of the economy. Therefore, we have the right to petition and complain

    The right to petition likes the guarantee of due process. First Amendment’s language is plain and straightforward: Congress shall make no law abridging the “right of the people. To petition the Government for a redress of grievances.” It guarantees citizens the right to complain and ask officials to correct a problem or right a wrong, but where is the controversy in exercising this right? It is an obvious right in a democratic society.

    Seek laws be enforced and protect residents correct through executive order enforcement of laws put in place to protect welfare of state, in danger from acts of money laundering, predatory lending, and consumer protections laws currently unenforceable due to ‘exemptions’ OCC visitorial powers vested to all affiliates of Mortgage Servicers of national banks.

  6. Violation of entitlements c/o Living Trust vested to US residents in every state they would be safe in life and property, and safe from unlawful seizure of property, and safe to live in pursuit of happiness. That did not mean just the Federal Reserve.

    Do you agree we have a duty to keep alive the Living Trust, US Constitution, and that each State Governor the Commander-in-Chief under Executive Order, could at any time seek enforcement of laws — with evidence.

    Fact of the matter, we’ve learned property was purchased when US leveraged GOLD as pledged asset for ‘Notes’ which became ‘mortgage backed notes. Any notes in the pipeline of a National Bank, were acquired. Notes were purchased 1990’s part and loan revenue redirected to owners of Notes c/o each mortgage’s national bank Mortgage Servicers’ affiliate. Simple, clean and true.

    1996 the OCC and Federal Reserve approved the joint ventures between Chase which had become in the Finance Universe the largest bank in the universe. Freddie Mac, a private institutional investor contracted with Chase’s subsidiary Chase Manhattan Corporation, to be ‘Depositor’ c/o SEC Regulations, and accept ‘cash’ for Loans forward sold.

    Based on the transactions Marilyn, which speak volumes, and which are not examined by OCC and Federal Reserve, they do not look at Retail transactions outside the Freddie Mac and Fannie Mae Federal Home Mortgage Association 12 banks during 2011 – forced to look and what all the lawsuits are about – they are not about you and what is still taking place.

    GOAL, find new ‘borrower’ to take on perpetual debt and send cash payments generating collectively ‘deposits’ huger – got it huger a new word – than the ‘cash’ purchased using the pledged collateral. The cash comes first the credit and promise to pay back the loan whether secured or unsecured second.

    Same is true of your auto-deposit c/o Checking Account. Check for yourself, you gave ‘custody’ to Commercial Bank’s Trust Company to take auto-deposits, convert to credit, and allow you to issue checks and draw against that credit. Cash came first. If someone steals that cash from you – you are stuck as is a consumer facing foreclosure to prove who took the cash. How many lives through identify theft ruined because they can’t fix the theft in which their ‘asset’ good name was used, abused. No different that loan for mortgages in respect to ‘cash’ stolen c/o egregious acts, substantive omissions of material facts, intent to take possession of property through deceptive acts.

    Freddie Mac Institutional Investor and Fannie Mae Underwriter/Lender of Loans c/o 12 Federal Banks c/o its national bank’s Mortgage Servicers affiliates a money laundering chain gang.

    King of Cartel – Federal Reserve.

    Obviously Federal Reserve ’empowered by federal regulatory oversight’ and OCC empowered c/o national banks. Chase + Freddie Mac know ‘partnership’ secured Shareowners and newly acquired affiliates c/o MERS ‘Mortgage Electronic Registration System, Inc.’ charger’ a Federal Reserve System data processing servicer, conjoined largest newly acquired affiliates of non-conforming products which include Alt-A loans and alternate investments. 1996 Chase + Norwest + GMAC’s affiliates of national banks’ Mortgage Servicers’ continued collecting revenue from borrowers, and all credit requests c/o pipeline c/o Alt-A Land America Title, Commonwealth … c/o Norwest Mortgage, Inc. included Lawyers Title Corporation merger with LandAmerica, nationwide network of bank closing agents who are connected to attorney’s who handled ‘Mortgage Servicer’ Closings. SO everyone ass-backwards fighting ‘banks’ when loan revenue c/o Master Servicer’s – Servicers – Subservicers ‘affiliates of national banks all exempted from enforcement of laws! YES its true ‘exemptions’ from predatory lending – where is the memo so each knew it was safe – that they would not be prosecuted? There is no fear in the community of bank closing agents, attorneys who originate loans nor attorneys who executive defaults and foreclosures and bankruptcies a HUGE population of professionals, who are under Agreements, are members, are subscribers, of integrated systems which connect borrower c/o Loan# to Obligor and c/o Depositor to cash to attach to ‘FWP’ perhaps or attach to a ‘certificate’ or a ‘nothing’ no money due! and rerouted electronic payments c/o lockboxes c/o Mortgage Servicers affiliates of national banks.

    Remember Norwest moved to side of Loans producer of non-conforming investments ‘Chase’ c/o Freddie Mac (c/o Norwest Asset Securities Corp) joint venture 1996, all of the Mortgages being serviced by national bank Mortgage Servicers’ affiliates were attached to alternate investments, conforming loans c/o Underwriters of Fidelity, who gave cash for the pledged assets ‘Note’ never ‘released’ as long as GOLD c/o US TREASURY ‘Trust Co’ owes money to Cede & Co Nominee DTC (Institutional Trust Company’s) who hold pledged Note (Mortgage Backed Note) Plus (Loan), convert pledged asset into cash into investments with Federal Reserve 64% outside of USA c/o Cede & Co Nominee DTC.

    And so Marilyn’s difficulty in attaching law to protect her property already owned by Federal Reserve ‘owns the Note’ c/o Underwriters Deutsche bank AG for example, allowed Marilyn’s property ‘note’ perhaps already inside of FREDDIE MAC & Fannie Mae pipeline managed by Chase/Norwest/GMAC, one joint venture and all ‘MERS’ Members by default ‘affiliates of national banks’ as related to loans, (Chase, GMAC, Norwest Corp) c/o Freddie Mac an Institutional Investor and Fannie Mae an Institutional Servicer, Master Servicer, Servicer, Subservicer c/o Chase a national bank’s affiliate of a Mortgage Servicer is what NACOR was and is all about. dba Wells Fargo Asset Securities Corp c/o Norwest Corp renamed to Wells Fargo & Co. The bank in Sioux Falls SD, Dial national bank 1996 affiliate of Norwest Corp.

    The ‘role’ ‘Depositor’ assigned to Wells Fargo Asset Securities Corp in Frederick Maryland, is just a general purpose business entity labeled Domestic Entity Other. Depositor is not a Federal Reserve System characteristic. SEC Federal Regulators don’t check the cash moved by Wells Fargo Asset Securities Corp, Registrant, c/o Wells Fargo & Co., the SEC Member’s affiliate.

    Wells Fargo Asset Securities Corp does business inside states in a different legal business entity name. Trade name ‘NASCOR’ dba Wells Fargo Asset Securities Corp, cash’ moved from ‘Trust Company’ custody ‘cash’ taken from pension plans of each state, attached to a loan forward sold.

    Freddie & Fannie will continue to do what they do and FHMA will continue to have oversight of Federal Reserve and all national bank’s Servicer’s affiliates did, do, and will continue to get cash c/o credit lines attaching tentacles to any asset consumer has including 401K, Pension Plans, IRA’s, etc., c/o HAMP! Has any ‘REAL’ attorney who did not graduate from Phoenix read the modifications? Did the foreclosure defense attorney you may have had read the agreement, and reveal to you for the next however many remaining years of your loan – you’d have a huge refinance ahead of you, and first have to pay the 10year appendage the up to now will it be 150% appendage with Federal Reserve Systems Note Holder until you pay in full in cash or whatever other assets now may be sequestered – don’t sign HAMP don’t sign loan modifications unless an ethical attorney will sign an affidavit they have reviewed modification and the deal has no defects that will allow attachment to any asset but property in the event of future default!

    who attaches themselves to promissory note, a perpetual promise to pay, names change

    The Note owner (Federal Reserve) with oversight holding pledged collateral attached to the Note
    I am looking at transactions not process. The OCC looks at process not retail transactions. Take each retail transaction, one by one, not just umbrella of Ultra vines contract. Each contract, there are many in the chain of events of ‘Sale of Note’ c/o Bailee Agreement. Do you have the Bailee Agreement and/or Bailee Document? DO you have the ‘cash transaction’ in which cash was purchased c/o . The national bank affiliates are exempt from enforcement of laws

  7. A Man – if your a consumer what you don’t know whill harm you. the judge does not read the headlines and look at the Defendant and say you have been harmed. That is how you lose property to third party who is not Note Holder in Due Course. Bailee Agreement, Note Holder in Due Course, and not part of COTA, and not named in promissory note is Duetsche Bank. In NJ you can’t add Deutsche Bank to as cross-complaint in foreclosue complaint. How many other states like that? You need evidence and knowledge or excellent foreclosure defense attorney who signs agreement they have no conflict of interest directly or indirectly and will recuse themselves from any situations that would be in violations of right to represent your best interests and are not an REO Broker, Lender, Dealer, Agent, Distributor, Broker, and will not profit or seek you to pay them what is a RESPA violation, but a chunk of any settlement you get as part of their profit sharing plan 1/3.

  8. Why not pull out? They continue to foreclose and nobodies is really doing anything about it.

    Where did our payments go? Follow the money trail. Did it go to who it was supposed to go Your Honor? Your Honor can you guarantee that I get the Note with a correct chain of Title if I make all of my payments?

    NEVER AGAIN

  9. […] Livinglies’s Weblog Filed Under: Foreclosure Law News, Foreclosure News Tagged With: crisis, foreclosure, […]

  10. And, OF COURSE—you can site TILA Amendment:
    ….”The May 2009 TILA Amendment — with accompanying Federal Reserve Opinion (now law) –demands identification of the creditor. The Opinion states that security pass-through investors are NOT the creditor. At most, certificate holders to trust may possibly be considered creditor — and those certificate holders are limited in number. By the Amendment, the creditor with the largest positional interest — must identify itself as the creditor — that is most always the security underwriter (actually parent corp.).

  11. @losingmyhomeinflorida

    Unfortunately, your story is all too familiar.

    You are being lied to over and over by the banks…BELIEVE that.

    Collection rights are transferred—false default—insurance collected—with bogus note/mortgage refinance. Insurance fraud—last time I looked — is criminal.

    Debt buyers are continuing the fraud with bogus documents.

    Does your monthly statement say “debt collector”?

    AS IN:
    “This company is a debt collector and any information obtained will be used for that purpose. However, if you have filed a bankruptcy petition and there is either an “automatic stay” in effect in your bankruptcy case, or your debt has been discharged pursuant to the bankruptcy laws of the United States, this communication is intended solely for informational purposes.”

    That’s what it says on my “statement”.

    Did you refinance in the last 10 years? Then you undoubtedly have unsecured debt—not a “real mortgage”…like credit card debt—truth being covered up.

    I am not an attorney—just a TOTALLY BROKE (thanks to all this fraud), consumer fighting back however I can against the lies…because even the attorneys don’t know what to do…at least not any that I’ve talked to…and the lovely courts are being PAID to push foreclosures through…NOT for being homeowner advocates…

    You can try this if you like—I have had some success with it:

    In addition to requesting in a QWR (qualified written request letter), for PROOF of a Mortgage Loan Purchase Agreement and a Mortgage Loan Schedule and accounting of all of your payments on an actual balance sheet that an actual “loan” lies on (which they won’t be able to come up with because only collection rights were transferred after closing), you can send this—certified:

    (sample cease and desist letter):

    YOUR NAME/ADDRESS

    DATE

    SERVICER NAME/ADDRESS

    Re: servicer/bank name & account number)

    Dear _______________,

    Greetings!

    You are hereby notified under provisions of Public Laws 109-351— FDCPA–Fair Debt Collections Practices Act—that your services are no longer desired.

    1) You and your organization must CEASE AND DESIST all attempts to collect the above debt. Failure to comply with this law will result in my immediately filind a complaint with the federal trade Commission and this State’s Attorney Generals office. I will pursue all criminal and civil claims against you and your company.

    2)I am disputing the validity of this debt under the terms of the FDCPA, section 809, a-c.

    3) I am also quite concerned regarding the “threat” of “foreclosure” that you have been sending in writing to me—which is in direct violation of FDCPA, section 807.

    4) Let this letter also serve as your warning that I may utilize telephone recording devices in order to document any telephone conversations that we may have in the future.

    5) Furthermore, if any negative information is placed on my credit reports by your agency after receipt of this notice, this will cause me to file suit against you and your organization, both personally and corporately, to seek any and all legal remedies available to me by law.

    In conclusion, since it is my policy to neither recognize nor deal with collection agencies, i intend to settle this account with the ORIGINAL CREDITOR.

    Have a nice day.

    Sincerely,

    _____________

    _______________

  12. Anybody out there getting all warm and fuzzy about sending off their three page QWR might as well just put it in the woodstove when the ink’s dry. Or better yet, place it evenly underneath the overgrown summer squash plants in your compost pile, at least you’ll get something out of it.

    To keep from getting the stock “overly broad” reply from the bankster’s law firm, and to have something that just might turn the judge/jury’s heads, read Max Gardner’s take on this simple yet normally overblown piece of work. If you’re going through the trouble, you might as well get them for RESPA while you’re at it.

    http://www.creditslips.org/creditslips/2009/08/what-does-respa-have-to-do-with-consumer-bankruptcy-cases.html

  13. 1.Confiscate the stolen wealth. Give people back their shelter, plus money damages for their suffering at the hands of thieves.

    2. Trial by Jury for those who deserve to be incarcerated. Restore morale and faith in Justice by indicting and sentencing them, including arrogant, criminally insane “new world order” participants. Crooks belong in jail, not our government. Unless we put them there, what will deter them or anyone else from attempting tyrannical oppresssion?

    Repeal Obamacare and impeach OBama. Make him give back all the money he spent on vacations while the people suffered and starved.

    3. Reduce government to a Constitutional size, with no authority over state governments, and give state governments no authority over us unless we harm someone else with our actions, or break the laws we mutually agree should stand. Make freedom and liberty the primary focus of the land of the critical thinkers, Americans, again. Separate the legislative branch from the influence of corrupt corporate interests through lobbying. Return to legitimate elections and voter rights.

    4. Strip away all unconstitutional agencies: Federal Reserve, TSA, CIA, IMF, Trilateral Commission, IRS, etc. End income taxes, restore the Constitution so that government can never swell into an oppressive monster again. Restore dignity and pride to the populace, along with personal freedom from over-regulation and interference.

    5. Attract small, socially conscious businesses with incentives and create jobs to restore our economic base and productivity. Reward fiscally responsible companies who create jobs and provide value. Revoke the business license of companies like Walmart and stimulate competition. Form truly regulatory agencies with teeth and power in place of the corrupt OCC, FDIC and SEC. Limit bank size & influence. Make transparency mandatory.

    6. Fund solar research, wind turbine tech, alternative energy development, and defense technology, environmental clean up: Prosecute Monsanto for the destruction they’ve caused and put a stop to the polution of our food supply. Put a permanent end to the fluoridation of our water supply, restore funding for family farms and bio dynamic seed producers. Reinstate victory gardening.

    7. Put Americans to work on degraded infrastructure; bridges, roads, water systems, utility and transportation. Establish worker protections that prevent mandatory overtime and unfair wage discrepancies. End our “load bearing unit” status: we are not collateral or a number, we are free people with inalienable rights given by our Creator.

    8. Implement policy that distances us from foreign conflicts and allows for peaceful co-existence and free trade without interference. Restore sound money and the gold standard, the right to buy hold and own anything we want without fear of prosecution or illegal seizure.

    9. Never send our children to die on foreign soil for the profit for some corrupt, greedy corporation again. Decomission the police state, and end the occupation of America by the Industrial military complex. End governmental corruption of the education system and manditory vaccinations. Teach truth, not fabrications. Prepare our children for financial sufficiency and success, not welfare and unmanagable debt in the form of student loans.

    10. Wrest power from the hands of the evil money masters and restore our country with a new model government based on separation of money from politics, free enterprise and ingenuity, so we can feel proud to be part of the second American revolution. It has been a long time since we’ve smiled and celebrated; we need to work toward that goal of restoring our republic to a nation under God.

  14. losingmyhomeinfloridal,

    You have to file documents QWR etc. to stop foreclosure. Carie provides excellent info. How can you get someone who is not part of REO Network in FL to assist you. The party does not have Standing, is not the Note Holder in Due Course and you need to seek where all dollars went full disclosure under FDCPA, etc. There are lots of laws the attorney will use to secure protection of your rights from unlawful seizure. Please don’t let them take your home.

    HAMP is awful they amend existing mortgages and tack on to back 10 year note which is due and payable before you can refinance. They will force you to pay off the lump sum tacked at back before you can refinance with a 20% down payment! Hello will your house be worth the $300K plus you will need 20 some odd years from now? And they rewrite contracts to have access to all your assets for they are adding a third debtor and they will target your 401K, IRA’s, Pensions, etc.

  15. John Andersen:

    Congress does not enforce law. Senator does not enforce law.
    Commander – in – Chief President Obama does not enforce law of states.

    Commander-in-Chief Governor may issue executive order to take to Supreme Court ‘case’ for acts which harmed welfare of state

  16. Debt worldwide needs to be deleted, just as easily as it was brought into being. That’s all that needs to take place, save for the addition of roadside chain gangs full of three piece suiters picking up the trash. It’s all good!

  17. Carie,

    Not yet.

    Hope all the AGs are going to follow through with actual lawsuits since the negotiations were for the benefit of the banks…

  18. @enraged

    Did you watch the video yet??? All of your questions are answered…

  19. losingmyhomeinfloridal,

    Fannie and Freddie are funded by the tax payer. They purchased only a small amount of the nations loans in the bubble years from the lenders. Fannie and Freddie do have competitors in the private sector. This link explains.

    http://www.mcclatchydc.com/2008/10/12/53802/private-sector-loans-not-fannie.html

    The government can’t get involved in mortgage contracts but they can get involved if the loans are purchased by the tax payers. The lawsuit is only about the Trusts Fan and Freddie purchased. Nothing to do with borrowers.

  20. @ enraged—you (and everyone else here), MUST watch this video:

    http://www.youtube.com/watch?v=IHTs6NqhHHg&feature=player_embedded

    VERY INFORMATIVE…almost an hour long, but well worth listening to. Catherine Austin Fitts—former Assistant Secretary of Housing—telling it like it is—lots of questions answered about why we are in the predicament we are in—in the US and the world—MUST WATCH—(the whole thing)!!!

  21. […] Filed under: bubble, CDO, CORRUPTION, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud Tagged: bankruptcy, borrower, countrywide, disclosure, foreclosure, foreclosure defense, foreclosure offense, foreclosures, fraud, LOAN MODIFICATION, modification, quiet title, rescission, RESPA, securitization, TILA audit, trustee, WEISBAND Livinglies’s Weblog […]

  22. heres a question. if the actual lender wasnt represented at closing on the mortgage document, and the closing attorney knew that, does that give rise to criminal fraud? they knew that they were suckering you in on the banks behalf, showing you a document that didnt represent the transaction and to me it seems as though they opened themselves up to both civil and criminal penalties. in massachusetts, obtaining a persons signature under false pretenses on a contract is a crime that is treated the same as forgery. when that lawyer told you to sign on the dotted line, knowing that what they presented to you was false, a crime occurred… thats how i read it in massachusetts. im not sure about any other states but it may be worth looking up. if a crime happened then it would stand to reason that the contract (mortgage) is void ab intitio? no?

  23. MY E-MAIL TO SENATOR BILL

    Thank you Senator Bill Nelson, for reaching out to me for my opinion and comment.

    It will take a revolution of the currant monetary system, and our system of governance to reclaim the promise of America. I ask that you,

    1 Put the people responsible for the misery of millions in America, and millions overseas, by committing felony fraud connected to the economic crisis in jail. This includes all the wall street players, the heads of the major banks, the pretender lenders, robo signers and the notaries of the documents, all the attorneys who proffered them in court knowing, or who should have known were fraudulent. The judges who have failed to follow the law, and the civil rules of procedure, by allowing contested foreclosures to proceed using documents known to the court to be fraudulent and/or suspect.
    And yes we are talking many thousands of people. But far fewer than the number of people charged and prosecuted, for drug offenses. Jail terms should be 1 to 3 years depending on level of participation, with the confiscation of the assets of the major players. This is necessary to prevent this from happening again.
    2 Set up a system for the citizenry to vote on the issues being voted on by elected officials in City, County, State and Federal Government sessions, via computer using their social security number, and a pass code selected by the voter through the supervisor of elections website in their county of residence. If a set number of voters ” 55 to 60%” oppose a ordinance or regulation or law, the measure does not , and can not pass, but can be brought up again in 60 days giving the proponents of the matter time to inform the citizenry of the benefits of the measure. But if it fails to pass a second time, the matter will be barred from vote for 5 years. This would stop 90% of all corrupt legislation. And its a idea worth fighting for.
    3 End the Fed. Owned by the perpetrators and profiters of war, and criminals all.
    4 End the IRS. Civilian employees of the FED with police powers.
    5 Issue coin currency in denominations up to $500 ” Titanium Alloy ” Congress can have these coins issued out of thin air, just like the FED does.
    6 Set & Collect all taxes as allowed by the US Constitution pre 16th amendment .
    7 Investigate the events of 9/11/2001 and events prior to the event connected to it by a special prosecutor, with full subpoena powers to investigate and prosecute any perjury, or crimes, or malfeasance committed by government officials, or citizens who testified in the 911 Commission, whose investigation was a whitewash/coverup that has been exposed as a national disgrace, akin of the 50 state attorneys investigation into robo signing A/K/A “The Bank Fraud Concealment and Forgiveness Commission. We need a special prosecutor to investigate the economic crimes perpetrated on the American people, and their retirement funds. You will never find what you refuse to look for or at, and this is what these commissions and investigations represent.

    This is of course just the start of what needs to be done to correct the corrupted system we live in. But if we can’t do these needed things, are we not slaves?
    Looking forward to your words and deeds on these most pressing subjects.

    John Anderson

  24. I think it is very good that the banks do not want to continue with the 50 AG deal. It means that the banks are heading towards a big fall. My solution is to forgive the debt against the homeowner. If some of these big servicers go under, ask me what we need them for. They only cause misery. If they go down, the whole country and the economy will bounce back. The toxic debt needs to be removed from the equation.

  25. can any one please tell me why wells fargo was not part of that law suit????????????????

  26. to neil garfield i hope you read the posts. i have been fighting wells fargo since 3/2009 when i lost my job and could not find employment for 5 months. and fast forward to 2011 and now my husband is in month 4 of a job loss from june/2011. when i try to get a lawyer for either bankruptcy, foreclosure defense, or litigation againnnst wells fargo i get hot air. no one i meet in the tampa bay area of florida wants to fight against wells fargo. they want an easy clean case where the bank gets my home. i do not know what to do at this point. still without a lawyer. wells fargo as other banks have all caused this mess. not the homeowners. what i do not get about this entire thing is if there are no jobs we can not pay our bills, we can not pay federal taxes. what can we do. wells fargo has me in foreclosure but is still sending hamp loan application to me. do i look like a sucker? so let me see i apply they get 1k for my application. they deny me for insufficient income, or better yet they approve me i pay for 5 months and then get denied for insuffient income. we need jobs that pay or this mess will not fix it self. me and my husband both had a 789 credit score. if you do not have a job and cant find one you cnat blood from a stone. cant pay bills and not eat???? so giving homeowners false hope with a hamp loan is so underhanded. they get 1k for every application reguardless what happens. heres the real stupidness of this whole shabang when i contacted senator marco rubios orlands office for help the case manamger did not know what dual tracking was PA-leze enough to make you barf

  27. Neil, you called this “the 4th inning of a nine-inning game…” and it’s taken us 4 years to get to it. Is there any indication, in your mind, that the fall will be quicker or should we brace ourselves for another 5 years before we can actually start breathing? I realize that elections will take place in 2012 but do you really think that they will shorten that agony we’re all going through? I see lots of lawsuits being filed but what we are still missing is a plan on how to rebuild America and our middle-class. States don’t have one. The feds don’t have one. Banks… couldn’t care less. So, what gives? What will happen to all that money levied on banks and how will it be redistributed where it belongs: small businesses, education, alternative energy, research, transportation, etc. I don’t even hear anyone mention caps on obscene bonuses and the obscene disparity between wages. I don’t hear anyone mention confiscating that insane bonuses which, we were told, had to be honored because they were part of existing agreements and contracts. Funny how those contracts could not be voided. Funny how Paulson enriched himself in 2008 and no one has questioned it.

    I’m not looking for socialist leveling of wealth. Human decency would work, though. Nobody talks about that. Why?

    Looking for hope, here… Can anyone come up with a serious plan? I’m wrecking my brains but it’s way bigger than I. I envision what things should be (probably a return to the stability that existed before S&L which, in my views, mark the beginning of that financial anarchy and was the cornerstone of our current economic crisis) but how to go from here to there is what appears to be missing from everyone’s discourse. See, the way i look at it, if we were put before a solid plan and given specific instructions on how to play our part, I tend to believe that we all would step to the plate. The problem is that we’re all running around like chickens with their heads cut off, fighting our little individual survival fights, trying to save the furniture… but then, what?

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