ENTREPRENEURS: IF THE BANKS CAN DO IT WHY CAN’T I?

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I have held back on this report because I wanted to see what would happen with these entrepreneurs. The basic premise is this: Let’s say the banks are right and anyone can grab title once the investors abandon their interest in the property or the obligation of the borrower. “Why can’t I grab title, especially if it is consensual?”

The answer, I think, is that the entrepreneurs have it right and I think the banks know it. The servicers are sneaking wording into applications that is in the nature of a release and validation of a non-existent debt owed to the servicer, still without naming the investors. So the Banks and the entrepreneurs have the same thing in mind: GET THE HOMEOWNER’S SIGNATURE. Without that signature and release, title will be messed up forever. With the signature, it can be cleared in an instant.

So a new industry has been launched all over the country by people who understand the process and are even helping people fight off the banks. But when they encounter the vast majority of homeowners who don’t want to fight or who don’t have any fight left in them, they make an offer: “give me a deed, release, assignment of litigation rights and the keys and I’ll pay you.” The amounts vary from as low as $500 to as high as $10,000. Then the entrepreneur executes a number of documents, files them and puts up no trespassing signs. The property is rented and in some cases sold, with a reconveyance filed using tacit procuration.

Some of these people are making some serious money and the Banks are actually powerless to stop them except by going through the usual channels in court. It turns the tables on the banks because now they are must plead something affirmatively and prove it. This is working especially well for entrepreneurs in non-judicial states where the banks want to avoid the courtroom and requirement of proof.

I think these people are onto something and that they are ahead of the banks. As people become more aware of the value of their signature they will demand more money for the release, quit-claim, assignment and the keys. But the basic premise is completely correct. Tittle cannot be cleared without a court order OR a signature from the homeowners in the chain of title. The risk of loss for the entrepreneur is extremely low while the gains are obvious.

It all boils down to a contest who gets a free house — the bank who has loaned no money and has no money in the deal, the entrepreneur who beats out the bank for title and/or possession, or the homeowner who wants to stand and fight. This is getting interesting. The entrepreneurs may have the upper hand — the banks can’t contest the authenticity of the signatures because they are real — not robo-signed or surrogate signed, fabricated or forged with improper notarization.

AND THE ENTREPRENEUR CAN RIGHTLY CLAIM THAT AT LEAST THEY HAVE MONEY IN THE DEAL WHEREAS THE BANKS CAN’T SHOW THEY EVER GAVE ANY MONEY TO THE HOMEOWNER. All the Banks can do is claim they are a “holder” of paper that is dubious authenticity and dubious validity, while the real creditor, the investor has been paid off or is still “holding” the mortgage bond.

45 Responses

  1. […] Like this: Like Be the first to like this post. Filed under: bubble, CDO, CORRUPTION, currency, Eviction, foreclosure, GTC | Honor, Investor,Mortgage, securities fraud Tagged: | attorney general, bankruptcy, borrower, Catherine Cortez Masto, countrywide, disclosure, foreclosure, foreclosure defense, foreclosure offense,foreclosures, forgery, fraud, LOAN MODIFICATION, modification, Nevada, quiet title, rescission,RESPA, securitization, TILA audit, trustee, WEISBAND, Wells Fargo « ENTREPRENEURS: IF THE BANKS CAN DO IT WHY CAN’T I? […]

  2. @ jan, on September 29, 2011 at 9:04 pm:

    right on! the principal IS a wash; it’s called the “Original Issue Discount” IRS form 1099. that’s what underpins the investors satisfaction in all this; that’s why confused property owners have abandoned their titles to entrepeneurs.

    all a wash; they just need to take a “debt forgiveness income” + and an “original issue discount” – to wash the principal off the books altogether. everyone got paid from the beginning this is the ‘mechanics of modern money issue’, just an undergrad elective at any local college.

    Next step “renters” will realize that system is a sham too- i wont let a whole property to anyone on a monthly basis, too much risk and it’s unfair. We should be rehabbing the legal financial and physical properties of real estate, and sell for a low price. the new paradigm is any small house $10,000. for 10 grand a lot of people stop being ‘renters’ and become “homeowners”, and neighborhoods stabilize too.

  3. I agree Ed. I don’t know ANYTHING about this strategy, but I am very interested in finding out more. When I first read this post, I thought that maybe there was a LOT of missed opportunities happening. I am “mad as Hell” about the banks and the courts all too–and scared to death for the loss of our home, but thought, maybe if I pull my head out of “it” for a moment, I might be able to see something worth seeing.

    Kate J

  4. Thanks Bart,
    Good luck to you as well. Just dosent seem right to give up!! Banks with record profits and the small guy just trying to keep his house and watch a football game on Sunday.
    I welcome any other sugesstions on this topic.

  5. The commenters complaining that this is just another scam perpetrated upon homeowners may be missing the point. I do marketing for a very successful foreclosure defense team in SW Florida. My primary problem is finding folks who want to KEEP their property, which is the reason for FC defense.

    Most of my marketing to FC homeowners is in vain because most of them are emotionally done with their property and want no more part of it. Or, they have drained its equity and know it will likely not reach its equity value in their lifetime, so they abandon.

    If these homeowners who are done are willing to leave the keys and lose their home for NOTHING, then how can an entrepreneur offering them the same loss of their property but for CASH be a scammer? The risk of losing the property (and the cash investment) is now on the entrepreneur. The homeowner who was willing to give it all up for free now has some walkin’ around money.

    If I’ve missed something as to how the homeowner is victimized in this strategy, please let me know.

    Alternately, I have a commercial RE agent in SW Florida interested in this investment plan. I’m looking for equity partners and knowledgeable attorneys who “get it” regarding banksters and are not afraid to go after them. There is a lot of waterfront property in trouble with absentee owners and I could use some partners and brainpower.

    Ed
    somboed AT hotmail.com

  6. Sean, I wish you well…. go for it, I was refering too the 2 posts here by some “fishy people” I live in a non-judical state and can understand your plight… It’s bad enough that “loan sharks” still exsist and will most likely always be there, but to have “Banks” sell servicing rights to entrepreneurs, which are “common People” that is a form of loan sharking and criminal,what’s that interest rate going to be..I see you were taken by a loan shark already what an exchange, sue that guy.I am always thankful of Neil’s information as we all learn from it, he is the guru…..

  7. Hey Bart,
    I think Neil is helping us by posting this. It is good to see what is going on before someone offers a run down home owner $10k to walk. Away. I may also swing it around and Qiut claim my homes to a idenity and tell the bank to move on. I have a wet ink sig with cash money in the deal. Pretend lender prove that you own it in my non judicial state.

  8. I had a conversation with an attorney that the court’s JA referred me to, I’m defending my entity myself. she looked at my note and saw the allonge was stamped “Pay to the order of…, without recourse”. She said it was signed “in blank” and went on to explain that, that meant anyone could cash the note if they “found” it. I said, why can’t I cash it? She shut right up! Wouldn’t talk to me after that. She exposed the truth. The note is money. Funny, if they can pass these notes around, as “value”, the note itself is like a check that hasn’t been endorsed by the party it was given to yet. They are not signing the note, but the allonges. If they do sign the note, then they cashed it and got paid. That’s why they are doing the allonges, they are on separate pieces of paper. WE CAN cash them. Tell the lender to credit the proceeds of the principal in the account to the balance “owed”. And credit you, the “borrower”. Do a demand for payment. Why not, this is the wild, wild west now.

  9. This is a crazy post here Neil….this is a property owner’s defense blog, we don’t need some of our own being prayed on……

  10. TNHarry , E. Tolle , ALL ..

    I am situated in a great location to follow through on this and have been in contact with persons at the Hamlet that have done this…

    I am in an area populated with high end condos that had sold as vacation homes to foreigners , most in the $300==>450K price range … they are now selling at a 75% or greater discount.. There is no chance of a problem with the owners filing BK as they have no other asetts here…. and the banks don’t want the condo’s as they all have association fees… I would like to work with someone and offer these vacation home owners a way out of their ridiculous payments and possibly end up with a dozen or so rentals… The biggest hurdle I see is getting the condo associations to waive late fees and penalties (working with the condo association records and lien info is probably the best place to start researching).

    When scouting these properties what banks should be at the top of my list?? The owners are 90%+ English .. Can RBS go after an Englishman if he signs his condo over to me that was financed by an American arm of RBC? Should I just look for the “usual suspects” BofA / Countrywide ,, WF ,, JPM ??

    I’ll do the legwork and make the court appearances in return for a cut (one “prestige” house and 1/4 of the condo’s) …

    Now is the time to make this work…

    brian_tracy AT cfl.rr.com

  11. azandrea…..I can’t resist, I belive this is a form of thieft from the home owner…..the days of “private enterprise” and what I would really consider “loan sharking” are gone. People need real solutions, not a scammer.

  12. How funny. Regarding the article. I meet someone (ironically enough)at one of Neil’s conferences. We come from different backgrounds, but put our heads together and have discussed extensively doing this same thing. Except ideally after purchasing the rights, etc., we wanted to lease back to the homeowner. If we won the case we wanted to give the homeowner first option to buy at 80% fair market value.

    How awesome would that be! Total win win. Most importantly it would give the homeowner cash to get back on track. Not have to relocate, and (if the Gods smiled on us) equity back in THEIR home.

  13. Pamela, what laws???? It’s become the wild west…..And Mark D, that’s interestesing. I have a situation were as a fraudulent, illegal and criminal forclouser was already contuncted on a property and had to file this tax write off in my tax return, now I am getting an e-mail stating that the “servicer” of that property is selling it’s servicing right’s to another enity….I will watch for that,

  14. As this fraud continues, I see forclouser atty’s willing to steal a signature from say a document sent to them by the property owner with their valid noterized signature on it, already called it people.You can add it to the list if you think you have something.You have no title and you know it.

  15. 8610 Hadden Road
    Twinsburg Ohio 44087
    1-330-425-1542

    Federal Bureau of Investigation
    121 S Main St, Akron Ohio 44308 -1415
    330-535-6156

    Dear Honorable F.B.I. Agents, Intake Officers and Staff,

    I implore you open and investigate the following criminal acts and other matters stated below supported by proof and evidence enclosed:
    The criminal acts are so malicious and deplorable that the damage done to victims the homeowners can never be repaired we ask for nothing less than criminal prosecutions this agency must check the licensing boards of all notaries that appear in any and all documents for all the fraudulent attestation to all these phony fake documents.

    Judge Tom Parker is so corrupt he has defied the Ninth District Court of Appeals Order in which they agreed Judge lied about hearing Defendants counterclaimed they reverse and remanded case back to trial court and has thus far Tom Parker refused to follow mandate and wont set a trial date, he issued a summary judgment without a single witness , and without a signed affidavit with no affiants name on it that has to be a criminal act as he never look at the final decree order ,it against the law to sign without knowing the information your signing the affidavit had no name on it.
    Judge Tom Parker , Attorney Kevin L. Williams and Robin Wilson have given false and material declarations to the trial court violating federal laws under 18 U.S.C.1623 which is a both a criminal and civil act of conspiracy and a crime which carries fines of 100 thousand dollars and or 5 years in prison , they have lied to courts and use the same lies against defendants( Kenneth S. Taylor and Alycia A. Taylor Driggins) in an attempt to take their real property ,without perfecting a lien, selling and transferring, assigning property of Option One the original lenders years later after they were out of business and company was defunct, and did use identity theft, and stole homeowners identity as parties are guilty of transferring homeowners private information by United States Postal service , U.S. Mail via Electronic Mail creating False data and accounting, and payment receipts by use of computer via internet and are guilty of Mail and Wire fraud by forwarding private information to other parties without their permission such as their social security numbers names addresses, work history, credit reports, bank statements ect. but not limited to such, trying to evict them unlawfully from a home which they have owned and resided for 23 years by using forgery of Kevin L. Williams name and signature on order of sale as someone tried to force sheriffs sale by signing order with initial only ( K W) using pretender lenders, robo signers, strawman , foreclosure mills , defunct trust, and trustees, fraudulent appraisal , and 14 forgeries of attorney Kevin L. Williams name, fabrication, of surrogate signings , misreprentation, fake and counterfeit Allonge Notes and negotiable instrumentalities. [Whoever, with intent to defraud, falsely makes, forges, counterfeits, or alters any obligation or other security of the United States, shall be fined under this title or imprisoned not more than 20 years, or both. (18USC 471)] and fake notaries, fake affidavits, fake title insurance written by Manley Deas Kochaski LLC on national known Chicago Title Papers without their knowledge , using their in house title company Allondian Title located in the same office in Columbus Ohio, 18 U.S.C. § 514 : US Code – Section 514: Fictitious obligations, this has to be one of the worst cases of fraud before the FBI in its long distinguished history.

    Currently there is a fraudulent lawsuit and judgment against them, (Kenneth S. Taylor Alycia A. Taylor), filed by Plaintiffs attorney (Kevin L. Williams of Manley Deas Kochalski LLC. Located in Columbus Ohio, P. O. Box 165028, 43216-5028 for DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR CERTIFICATEHOLDERS OF SOUNDVIEW HOME LOAN TRUST 2006-OPT2 ASSETS-BACKED CERTIFICATES, SERIES 2006- OPT2 , who have never proved they had standing to file the lawsuit and has told courts the note is lost missing or stolen and assignment was submitted to court after lawsuit was filed , and produced after allege transfer of property , a fake assignment fraudulent sham , defective, false , and misleading , document which was deemed as such by the United States District Court Judge Sara Lioi on November 8, 2007 See Exhibit ( D) enclosed , that assignment was robo signed and fake and forgery provided to courts used as evidence in courts by and though Kevin L. Williams and Manley Deas Kochalski LLC. As is every document before the court in this case. The fake, forgery, robo, signed , documents have been used to commit civil and criminal conspiracy , mail fraud, forgery, identity thief, nothing is original or authentic its all falsely made by crime lab LPS. And was not produced until the courts needed it to foreclose, the attorney just orders any documents the court needed from the crime lab LPS, Docx, this is a nationally well known fact , the attorney’s just order fake documents from this crime lab and did not get the phony documents and affidavits unless the court required them and the documents don’t reflect the actual transactions that occurred the attorney Kevin L. Williams willingly and knowingly produced and provided Ohio courts both Federal and state with fraudulent documents , which are more fully describe in documents enclosed in this package. Moreover Kevin L. Williams and his law firm has conspired and filed 14 variations of his signatures on sworn legal important documents with state and federal courts in a elaborate scheme to unlawfully take the Taylor’s real property, the signatures contain no power of attorney , the law firm is a national known Foreclosure Mill, That uses robo signatures from foreclosure Counsel of Manley Deas Kochalski and Kevin L. Williams , Thompson Hine and Robin Wilson who violated the following rules regulations statues, an treaties of OHIO and U.S.FEDERAL LAW TITLE 18, 18 U.S.C. § 1343 CHAPTER 6 WIRE FRAUD, MAIL FRAUD; Regulation Z Sec. 226.1 Authority, purpose, coverage, organization, enforcement and liability. Complaints to Akron Bar Associations, Cleveland Bar Associations , Columbus ,Bar Association , and The Supreme Court of Ohio Disciplinary Counsel all yieldeied the same results an occasional admittance of unlawfully practice, but the Bar Associations all stated it was a widely accepted practice for attorney’s to forge, use forge signatures , allow others in office to forge their names, allow some unknown people in there office to sign someone else name to a legal court document especially given the fact this attorney has never made a single appearance to court in 4 years, and has not been able to be reached by phone in 4 years the Akron Bar Association attorneys says Kevin L. Williams does not have to answer my phone call, and can allow other to try to mimic his signatures as long as he has given them permission to do so , this is violation of federal laws that govern forgery , for some one to forge attorney Kevin L. Williams signature on documents to sale the Taylors home in a sheriffs sale is illegal, corruption, criminal conspiracy, and the Bar Associations said this was legal and found no wrongdoing , See Exhibit (H) correspondence from various Bar Associations in Akron, Cleveland, and Columbus who and said attorney’s can break the law and forge each other signatures. For the sake of convenience, Essential saying Kevin L. Williams is above the law. We believe these are jail able offenses crimes of forgery and violates the law and treaties of the United States and carry prison sentences the absolute proof is included the records and complete letters are available in Bar Association files the foreclosure Counsel of Manley Deas Kochalski and Kevin L. Williams , Thompson Hine and Robin Wilson violated the following rules regulations statues, an treaties of OHIO and U.S.FEDERAL LAW TITLE 18, 18 U.S.C. § 1343 CHAPTER 6 WIRE FRAUD, MAIL FRAUD; Regulation Z Sec. 226.1 Authority, purpose, coverage, organization, enforcement and liability.

    The judge Tom Parker while case was in state court conspired with the plaintiff’s attorney Robin Wilson of Thompson Hine LLP in a joint effort to destroy defendants counterclaim. The judge directed her to draft a false and misleading statement in a previous Final decree of foreclosure. Robin Wilson did so knowingly and willingly by inserting false claims of judge that he had considered defendants counterclaim is his motion granting plaintiff summary judgment which is void because of fraud of the courts and judge a lying officer of the court… Robin Wilson drafted and sent a letter dated September 28,2009 to Judge confirming the act of conspiracy and her participation as such. The letter states per verbatim “Enclosed, in response to your telephone request, is a revised Judgment Entry and Decree in Foreclosure so as to include Defendants’ Counterclaim and Plaintiffs’ Reply to Counterclaim”. Signed by Robin Wilson. See Exhibit (A). These representations were false and defendants knew the falsity of these statements at the time they were made. The judge never once mentioned defendants counterclaim, prior to this directive, nor is there any evidence the judge has reviewed the counterclaim. This was a wicked scheme perpetrated against defendants specifically, strategically and systematically, the judge lied in effort to deprive defendants of their rights to homeownership. Judge and Robin Wilson have given false and material declarations to the trial court violating federal laws under 18 U.S.C.1623 which is a both a criminal and civil act of conspiracy against defendants. Moreover COURT OF APPEALS NINTH JUDICIAL DISTRICT C. A. NO. 25281 agreed with the plaintiffs that judge erred essentially confirmed he lied and reversed and remanded case back to trial court. Judge Tom Parker is an Officer of the court THIS VOIDS STATE COURT FINDING OF SUMMARY JUDGMENT, ITS NULL AND VOID FOREVER.

    We now and at last pray by the grace and mercy of almighty God, and ask that this High Federal Bureau of Investigations intervene and look into these matters asap.

    Respectfully, Submitted By,
    Kenneth S. Taylor

    Kst.

    Ps. Exhibit (H) is page (2) two of a two page letter by Heather M. Zirke the Assistance Counsel of Akron Bar Association who says forgery of another signature 14 times is legal and accepted practice in law. Page one is missing just ask her to send you copy of the original letter in which she defended and justified these forgeries of Kevin L. Williams signature.

    Also a letter from Cleveland Bar Association that says other lawyer’s in his office may forge legal documents by signing Kevin L. Williams name as though they are him to unlawful order of sale.

    All other documents are self explanatory , and are excerpts from trial documents from United States Sixth Circuit Appeals Court and the original Complaint filed against these parties in federal District Court the evidence is overwhelming and compelling in which judges had a sworn duty to report under 18USC (4) and have themselves committed Felonies for not reporting to F.B. I.

  16. Thanks Anonymous & tnharry, you both touched on my thoughts. Anonymous, you hit the nail on the head. When does the “entrepeneur’s” the equitable title (quitclaim) convert to legal title if the homeowner decides to file bankrupt? It seems the “entrepreneur” would be stuck with the property until the homeowner’s case is dismissed or discharged and God forbid an accusation of a fraudulent transfer as tnharry raised. If I’m thinking correctly, being an “entrepreneur” could be risky, not necessarily in challenging the pretender lender in a quiet title action, but hoping the homeowner doesn’t file bankruptcy before the quiet title action.

    S/N
    In the end, we’re all here to educate ourselves about this enormous mess (if that’s possible). The issues we fact today are new to all of us (even the fraudster pretender lenders, evidenced by their own ignorant mistakes), and we all have our opinions based on facts (I hope). I’m simply elated by those with the will to fight. We may not all win our individual cases, but more and more litigation is sure to cause their demise.

  17. Yes, if loan was written off — any party (servicer/servicer acting on behalf of) who now holds collection rights – those rights are for an unsecured written-off debt. IRS will not let them collect twice. And, everything must be properly transferred. See Footnote 35 by TARP Oversight panel – below —

    My question is if my loan on a balloon payment was written off after two years of trying to refi and modify , is the new note holder and mortgage holder just holder of collection rights? Does this debt become unsecured? What are the laws here?

  18. funny carie…

  19. tn—I forgot—are you an attorney?

  20. @make it happen, as a counterpoint to ANON – if you quitclaim to an “entrepreneur” (I think this, by the way, is proof that Neil isn’t writing some of these) the entrepreneur takes subject to the existing lien. when you file BK, the property isn’t part of the bk estate, having been transferred (assuming the fraudulent transfer issue isn’t brought up) and the liability on the note that you had is discharged. now ANON and I disagree on just about every word i used, so take it all with a grain of salt i suppose.

  21. For some reason the new format you have now cuts off on the right side so that one cannot read the entire article.
    FYI

  22. Make It Happen,

    I am asking for Neil to define ““entrepreneur.” Not my term — asking for a definition.

    And, let us not confuse “equitable title” with “legal title.”

  23. Anonymous,

    Will you elaborate? I believe you’re saying even though the “entrepreneur” holds title, the homeowner and/or the “entrepreneur” is still “liable” for the alleged debt in a quit claim situation, and the only way to remove the encumbrance (the alleged debt) is by a quiet title action filed by the “entrepreneur” or a bankruptcy filed by the homeowner. Is my line of thinking correct?

  24. Make It Happen,

    If successful in BK — which should be —– what happens is “POOF” — “GONE.”

  25. What happens if a homeowner decides to file bankrupt after quit claiming to an entrepreneur? What happens to the “entrepeneur’s” investment?

  26. What “entrepreneurs” is Neil talking about???

    “investors” — or scam artists?? Or both???

  27. The cover-up scams are proliferating at a dizzying pace—and the banks are leading the way—

  28. It’s CRIMINAL, Shelley—what happens when all these people find out the TRUTH of the fake “mortgages”—and realize they signed away their rights????
    It’s going to get really, really ugly…uglier than we can even imagine…

  29. The banks are offering low interest refi’s in mass amounts , at a cost of around (not the usual $7,000.00 or more a refi, but now $700.00 a refi, and asking for these deed releases to unknowing people. I am hearing of it over and over. One of my customers is a notary for Chase and she told me she is busy notarizing just this above, in massive proportions, and she says they never used to record she noticed and now they are recording all of them.

  30. I don’t know the details that are being discussed here, but a Questioned Document Examiner could analyze and depending on the findings testify as to forgery etc.

    Yes it can cost a few bucks, but if your case hinges, why shut the door?

  31. here’s another problem – usually it’s not difficult to get a warrant when it’s YOUR signature you are alleging to have been forged. the person whose signature you are alleging to have been forged would be the party to swear a warrant, not you. admittedly this is only my opinion, but i think this isn’t a strategy that has real legs

  32. @tnharry-but I’m not talking about filing a complaint, I’m talking about having someone arrested for a crime. Splitting hairs comment meant that I don’t know what the level proof is that’s necessary (which is what I’m waiting for), and what that proof is, doesn’t matter to my question, which was if you DO have whatever proof is acceptable, can’t you have them arrested.

  33. It sounds like the writer of this post is saying it is legal for ANYONE to do what the servicers are doing–if the homeowner signs off on it. Is this true? If so, maybe we have all been missing the point and the opportunities that exist in all this mess. Can someone please clarigy>

    Kate

  34. @evoldog – i’m not so sure it is splitting hairs. absent a court finding of forgery or misdeeds, i don’t think you will get anyone to accept a complaint for forgery if it’s not your signature you are complaining of. they’ll tell you it’s a civil matter. at this point, it’s a “he said/she said” situation, and there are no damages to complain of.

  35. In Maryland, the note alone is sufficient to enforce the foreclosure. Since the deed of trust is incidental, and follows the note, no need to show any chain of title. How can this be right?

  36. tnharry: While there is no need to split that hair to get my question answered, first, all you need is proof to either get the police, or for yourself to swear out an arrest warrant (is my understanding), the court order comes last, and as a result of the arrest (I am, of course patiently awaiting advice on this, to be certain).

    Also, there are a variety of ways, I expect, for something to be proved a forgery, as necessary to make an arrest. For example, the notary sig on an assignment in my chain of title does not match the signature on the certificate of application – and not the just handwriting, but the actual signature, which in Ga, has to match exactly, or it is a forgery; after a short conversation and emailing the certificate of authority for th enotary to McCalla Raymer, they quickly cancelled the sale. I would have rather had teh S.O.B. arrested on th esteps, but can’t get this question answered, to be certain – but it sure did make McCalla slam on the brakes when I threatened criminal charges…you could also get an affidavit from a handwriting expert, etc.

    While I suppose you could file for a declaratory judgment on the forged doc, and that order would be prima facie evidence of teh “dirty deed”, I don’t think that is necessary in obtaining an arrest warrant.

    But again, I’m still KINDA SORTA patiently awaiting the local experts, who have no compunction against opining on all other legal aspects, to come forth on this topic.

    ,evoL
    doG

  37. @evoldog – you say “forged documents” but they’re not really forged unless you have a finding from the court saying so are they? it’s one thing to swear a warrant that the signature on a stolen check isn’t yours since you have first-hand knowledge. it’s quite another to say that an assignment by someone who you have never met is forged. it’s a question of proof. and i think you would find if you tried this course of action that you would be told it is a civil matter. no real harm in trying it though i suppose

  38. I have recived three sale dates on my homes for nov 1/11. I have put blood sweat and tears into these homes for 10 years one being my personal home. I have just been dismissed from 13 and running out of time and options. I don’t want to give in to the banksters. Any quick sugesstions??? Quick claiming it like the above??? Tks

  39. Simple, the reason seems to be YOU are not paying the BAR flies. Being that the courts only allow listening to Bar flies that have a conflict of interest, Pro se litigants are deemed invisible to the courts. You are not a part of the “Club”. Business only does business with business. You have no Business License (of Bondage). But then the “entity” you represent is considered the Liable party (Defendant) and you the authorizing agent for entity is not being “acting” as the surety for the debt.

  40. from ANONYMOUS:

    “Servicer never divulges as to whether they are the current creditor to whom any payments will forwarded and not transferred to any other party, or whether servicer is acting on behalf of another party. If acting on behalf of another party — that party must sign the modification – servicer must disclose this.
    Yes, if loan was written off — any party (servicer/servicer acting on behalf of) who now holds collection rights – those rights are for an unsecured written-off debt. IRS will not let them collect twice. And, everything must be properly transferred. See Footnote 35 by TARP Oversight panel – below —

    35–”There are two documents that need to be transferred as part of the securitization process – a promissory note and the security instrument (the mortgage or deed of trust). The promissory note embodies the debt obligation, while the security instrument provides that if the debt is not repaid, the creditor may sell the designated collateral (the house). Both the note and the mortgage need to be properly transferred. Without the note, a mortgage is unenforceable, while without the mortgage, a note is simply an unsecured debt obligation, no different from credit card debt. See FBR Foreclosure Mania Conference Call, supra note 3.”

    “…In order for modification contract to be validly executed in the name of servicer — need proper transfer of note and mortgage to servicer. Not enough to just hold the note for someone else. This is a contract. Bankruptcy reform bill was voted down twice by Congress – why? afraid Americans would understand what was really going on. Better for them to con homeowners further by luring into false mod contract…
    The servicer/debt collector (current creditor) do not care about who OWNED the written off debt — WE CARE — if they can get away with non-disclosure — they will — and deregulation says — they can. Debt buyers love to state the past creditor as the current creditor — but, legally, this is not the case — and it is fraud and in violation of federal law. Courts accept that past (possible) creditor is still current creditor because that is how attorneys present it– but , this is fraud and a big problem — and it is not being investigated as it should be.
    Consumer protection laws say no. Though not as strong as we would like — consumer protection laws do exist — have to use them to the fullest. Including any sale of loan to any party — as outlined by the TILA — (and FDCPA for that matter). Tired of looking at this whole mess from “investor” prospective — there are “security investors” and “distressed debt investors” — need to distinguish — and need to focus on consumer law and protection.
    Everyone has a right to know their current creditor. If that right is violated — so is federal law. If you do not know your current creditor — you will be affected for the rest of your life. Any modification you sign will be false. It is time to stop focusing on investors (who have been paid back – except they may not have earned the usury interest rate they thought they would) and start focusing on consumer fraud — and violation of our rights. Investors have gotten help — they were bailed out — WE NEED THE HELP NOW.
    It does not matter that security investors may have helped fund the banks — they were not then — and are not now — our creditor. What a bank does with receivables is their business — we have no contract with security investors — or servicers unless the servicer acquired legal title –and if so — say so — and say when and how (as required by law) — and for what price. And, say this before a modification is negotiated — it is ammunition. Any concealment is — simply fraud upon fraud.”

  41. THE PROBLEM IS THE CASES ARE STACKED AGAINST US.

    THE COURTS ARE IN CAHOOTS WITH THE BANKS AND VERY FEW OF THEM EVEN WANT TO HEAR YOUR SIDE OR TAKE UP THE LEGAL ASPECTS OF THE CASE.

    THE JUDGES IN THE COUNTRY ARE MOSTLY INTERESTED IN GETTING RID OF US AS QUICKLY AS POSSIBLE -THE LAWS AND DUE PROCESS BE DAMNED,

    UNTIL THE PROCESS CHANGES WE ARE IN FOR A ROUGH RIDE.

    WE NEED TO GET JUDGES WHO WILL LOOK AT THE LAW NOT CONVENIENCE.
    PAT

  42. Yeah, what Pat said!

    I had to say SOMETHING to be notified of comments…8-)

    AND I’m still waiting for at least ONE of you law-doGs (NEIL!!!), pregferably ALL of you, to opine one way OR THE OTHER, on filing writs of mandamus/prohibition against the AG’s to force them to perform their duties by thoroughly investigating and prosecuting crimes perpetrated by the banks, and preventing them from cutting deals without thorough investigation.

    And same for mandamus against the official, in GA I believe it’s the Superior Court Clerk of each county, responsible for collecting the fees MERS has dodged, forcing them to file suit to collect.

    And same for having the attorney (non-judicial) on the steps that sells or even starts to cry out the sale, arrested for applicable theft and criminal intent charges after you have put the attorneys/lender on notice of PROVED forged docs (such as assignment) in the chain of title. Also, by same logic, can’t you have everyone in the attorney’s office that is legally capable of being culpable, that you can prove “touched it”, arrested for criminal intent when they tell you in writing (or a recorded phone call) that they are not cancelling the sale, even considering the forged docs.

    You guys bark it up ten different ways to Sunday about various legal aspects of all this, from one extrme to the other; why won’t you come down on these issues?

    I’ll be in court and swearing out criminal warrants within the WEEK if viable.

    HOW ABOUT IT?!?!?

    ,evoL
    doG

  43. I am a investor and was tricked by a guy here in GA that was going to help me get 8 of my houses modified in exchange I gave him one of my homes. You know the rest of the story no mods and he told me to get lost after I signed over the quick claim. Any thoughts why I couldn’t quick claim the other properties to my brother in law???

  44. Because when a homeowner does it it is against the law,when a bank does it it is called a “Business Model”.Get the drift?

  45. Why cannot the borrower do the same?
    Pat

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