OCC REVIEW: COMPENSATION TO VICTIMS OF FORECLOSURE “ERRORS”

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EDITOR’S NOTE: The next step — compensating those who lost homes to pretender lenders. Who would have thought?

It was already happening on a small scale as the price for the “cash for keys” program rose steadily and then dropped and then started increasing again. There the bank got a quick release and the keys from a cooperating homeowner that didn’t know or care that the home they were giving up was still theirs to keep.

Now there are private deals being made all over the place by entrepreneurs who will help finance or assist homeowners in fighting off the bank or who will do their own cash for keys version where the entrepreneur pays the homeowner for a real signature on real documents, including a deed, assignment of rights etc. The homeowner usually gets to stay another couple of months for free in addition to the payment received (usually around $1,000-$5,000).

Now the OCC is completing a process that has long been in the works — figuring out how to compensate victims of wrongful foreclosure.

It all comes down to this: without the signature of the homeowners in the chain of title, there can be no “asset” on the books of the bank that is worth anything. And most homeowners have not signed anything —- yet. Nobody can buy anything and get clear title where there is a claim of securitization and the original homeowners in that chain have not released their rights or, better yet, signed a quitclaim deed.

Livinglies and the American Homeowners Cooperative is preparing to launch two programs directed at providing compensation to  victims of wrongful foreclosure transferring the risk of the fight with the banks to entities better financed and better resourced than any individual homeowner.

My opinion? Stand and fight. The equity in your home might be, and probably is equal to its value — because there is no valid mortgage against it. The obligation you signed for is probably unsecured and probably paid in full already by the exotic maneuvering of Wall Street bankers, who want to keep the money AND take your house. When somebody on Wall Street makes a lot of money making a “smart” move, everyone applauds even though he didn’t really work for it. I’d say homeowners’ smart move is to stay and fight. If you win, you get the house free and clear or something close to that. If you lose, you don’t seem to be any the worse for wear. Let the Bankers feel what it is like to be under water.

Check with a licensed attorney before acting on anything you read on this blog.

October 4, 2011

Review of Foreclosure Mistakes Is Set By OCC

Millions of current and former homeowners will have a chance to get their foreclosure cases examined to determine whether they should be compensated for banks’ mistakes, under a wide-ranging review being planned by federal regulators.

The review process, which could be unveiled in the next few weeks, will be open to borrowers who were in some stage of foreclosure in 2009 or 2010. Estimates prepared by the Office of the Comptroller of the Currency, which will oversee the review, indicate that 4.5 million borrowers could be eligible for review.

John Walsh, acting head of the OCC, unveiled some aspects of the plan in a speech last month to banking executives, when he said the agency was exploring “the best means of ensuring that injured homeowners had the opportunity to seek relief,” when they were harmed by lender improprieties.

The process will include a broad public-outreach campaign, including direct mail to eligible borrowers and a single website and toll-free number. The reviews will be conducted by independent third-party companies that were hired earlier this year by 14 banks that signed consent orders in April with the OCC and the Federal Reserve. The regulators had to sign off on the selection of these companies.

“It’s a substantial undertaking at great expense to the banks,” said Tim Rood, a partner at Collingwood Group, a housing-finance consulting firm.

46 Responses

  1. […] is all they tell, on October 5, 2011 at 3:37 am said: and the rest of us ???? waiting for our foreclosure having been run over by our banks and […]

  2. Please tell me you made up that job and its qualifications.

    Gov: “Okay, but listen. You gotta understand where we’re coming from. There’s too much focus on these issues and we’ve got our own jobs to protect. So here’s what we’re gonna do. We’ll go ahead and write you up for some shortcomings and you’ll have to fix them…. No, no criminal charges….. Yeah, but don’t worry about that, either. We’ll let you hire your own people to do some auditing. See? We don’t look so bad and you don’t really have to do anything…..Yeah, you, too.
    Say, I’m gonna see you at the fundraiser Saturday, right?”

    I’m not altogether sure it’s just that the gov is in WS’s pocket. It may be worse – the gov and the rest of the country may be being held hostage in essence by the golden rule: “He who has the gold rules.” What if WS could hurt us worse? I’m just asking…

  3. If this hasn’t been posted somewhere else here, you just might find it interesting that legal questions are going to be decided by a loan reviewer not a judge.

    originally posted by the incredible LawlessBob of the blog
    Credit Slips by LawlessBob
    ______________________________________________

    Robosigning 2.0: Mortgage Foreclosure File Reviewers

    Posted: 08 Oct 2011 07:03 PM PDT

    Do you have what it takes to be a Mortgage Foreclosure File Reviewer Level 2? An intrepid researcher forwarded to me a job ad for a mortgage foreclosure reviewer who will be reviewing bank foreclosures per the OCC/Fed servicing fraud consent orders. I have seldom seen a document that says more about the bullshit malarkey that the OCC and Fed are trying to pass off to cover for the banks than this job ad. I think it demolishes even the thin fiction that the OCC/Fed servicing consent orders are anything more than Potemkin villages. Instead, what we have here is nothing less than a federally-blessed Robosigning 2.0.

    The ad is for a Mortgage Foreclosure File Reviewer Level 2 (whatever Level 2 means). It states that the:
    Key responsibility will be to determine if there was financial harm to the borrower.

    It further states that the MFFR-L2 will:

    Conduct a complete review of the foreclosure file to ensure all default timeframes were processed accurately.

    Review to determine if ownership of the note and mortgage was properly documented when foreclosure was initiated, and document any exceptions.

    Determine if the foreclosure was processed in accordance with applicable state and federal laws, to include SCRA and US Bankruptcy Codes, and document any exceptions.

    Validate fees and penalties charged and assessed were reasonable, customary and within the applicable state and federal laws, and document any exceptions.

    Now I’m just a simple law professor, but gosh, these sure look like legal questions to me. A determination of whether there is financial harm (as in whether the harm is legally cognizable) is a question of law, not a question of fact–it would go to a judge, not a jury. The amount of the damages are a fact question, but that’s a secondary inquiry after one determines that there was a legally cognizable harm. Similarly, proper documentation of the “ownership” of the note and mortgage is a legal question (and the legal terminology is not about “ownership” if the note is negotiable–itself a serious and unresolved legal issue). And how about determining of the foreclosure was processed in accordance with applicable state and federal laws? That sure seems like something one would want a lawyer reviewing. Same thing with the legality of fees and penalties.

    So given this job requires a determination of a whole number of legal questions, it’s a job ad for a lawyer right?

    Nope. No law degree required, much less experience in legal issues relating to foreclosure (and appropriate conflicts screening). Instead, consider the “Minimum Requirements” for the position:

    Mortgage Servicing/Foreclosure experience (minimum of one year with Foreclosure experience)
    Hmmm. I did a year of robosigning after graduating high school. Do I qualify? Sure seems like it.

    Audit experience (Ability to independently review foreclosure files)
    This is “audit experience”? For real? Not even Arthur Anderson would have made this sort of claim with Enron. This ain’t an audit in the CPA sense of the word. Instead, I take the “ability to independently review foreclosure files” to mean that no one is going to double-check your work. Or put in legal terms, a second set of eyes via appellate review is more expensive than the OCC will make the banks shell for.

    Pay rate is $19 – $23/hr DOE.
    That’s a huge pay increase relative to a robosigner. Assuming 2000 hours a year, that’s $38-$46k. Let’s just say that in the DC suburbs, at least, this is only slightly more than a teenage babysitter makes hourly and is about equivalent to what a cleaning person makes hourly (and probably annually). This isn’t what one pays to get someone with the relevant background for determining legal questions examining the files. At least it isn’t being outsourced, like a lot of the foreclosure work itself.

    Bottom line here–it’s hard to take the OCC/Fed consent orders seriously when all they mean is that a marginally more skilled employee is reviewing the robosigners’ original work. And one can easily imagine an LPS red light/green light world in which they are incentivized to review more files faster and less carefully…

    But this just brings us to a pair of perhaps more serious underlying problems. Even if the banks were paying for top grade legal talent (and it’s a buyers market for legal services now), they can’t determine that there was no financial harm done to the borrower–they simply lack the information to do so.

    First, it’s not clear that the banks have maintained files on their foreclosures dating back to 2009, when the consent orders run. Without the original files, there’s really no good way to figure out if the homeowner was harmed financially. I’m not ready to assume that there’s great record keeping on past foreclosures.

    Second, even if a lawyer looked at the bank’s file, that’s insufficient for determining if there has been harm. One would need to know something about the borrower’s potential defenses before making such a determination.

    Consider this situation: the homeowner was in default. The servicer filed a foreclosure. The homeowner filed for bankruptcy. Can either Legal Eagle or Robosigner 2.0 determine if there was financial harm?

    I don’t think so. Here are just some problems–going in a sequence in which there is real financial harm to the homeowner, but not in any way detectable from the bank’s files:

    (1) Can the reviewer tell if any of the documents were robosigned? Not always. Some robosigning will be obvious. Others not. Does the servicer know with certainty what LPS or its network firms were doing and vice-versa? Doubtful.

    (2) Can the reviewer tell if the assignment was backdated? That was require determining the real date of the assignment. That would involve looking at the original note, determining when an allonge was created, looking at the PSA and making sure that there is an executed copy with original schedules that sufficiently describe the property in question. The precise requirements might vary from state to state. This ain’t an easy task. And then we have to add in MERS, and how that might affect things.

    (3) Based on the backdated assignment, the servicer might have appeared to be a holder-in-due-course (HDC), and therefore impervious to “personal” defenses to the enforcement of the note, including fraud in the inducement. Can the reviewer tell if the homeowner was harmed by a wrongful assertion or at least implication that the servicer was a HDC based on a backdated assignment? Of course note. Whether or not there was direct financial damage depends on whether the homeowner could have raised a “personal” defense to the foreclosure, such as fraud in the inducement. Oh, does our foreclosure reviewer even know wtf a HDC is? Does the reviewer know if the note is negotiable or note (if not negotiable, then HDC is irrelevant, and so is possession of the note).

    (4) Does the foreclosure reviewer know why the homeowner filed for bankruptcy and what the financial harms are of that? Was the bankruptcy because of the foreclosure or for unrelated reasons? Trying to determine the financial harms here are difficult, not just because there’s the question of harms from bankruptcy (pace TOUSA), but also because those harms may depend on the timing of the bankruptcy filing for the homeowner. To take a really obscure one, the timing of a bankruptcy filing may determine whether the homeowner is able to treat an extra year of (non-dischargeable) federal taxes as a priority expense and therefore maybe pay them off, rather than paying off debt that would otherwise be dischargeable. If you aren’t following this twist, that’s fine, but do you really think that the foreclosure reviewer level 2 is going to know, care, or be able to hash through this?

    Or how about this one: homeowner was in default, the affidavit of indebtedness (AOI) was robosigned, but factually correct. The foreclosure sale resulted in a deficiency judgment. As a result of the robosigning, the foreclosure sale happened faster than would have occurred had things been done legally. The sale happened in a market that actually picked up post-sale. If the sale had been done later, there would have been a smaller deficiency judgment because the homeowner would have benefitted from the market uptick.

    Financial harm? Yes. How much? Impossible to determine. Will it be considered? Not a chance. Welcome to Robosigning 2.0.

  4. ANONYMOUS –

    Could use your help re FHFA question.

    I read recently that the deal principals/servicers were submitting billions of dollars of claims to FHFA and that FHFA was paying them, but was now having second thoughts.

    Under what federal program are these claims being submitted and what federal agency is funding the claims (Treasury?).

    I need a really specific answer here.

    Thanx for your help.

  5. What about those who signed a Special Forebearance agreement with Wells Fargo Bank NA who didn’t even hold an interest at the time we signed it. They gave us 6 days to get it back to them with terms we didn’t understand. We were simply told that this was our only shot at any kind of a modification. We were only 16 days behind as we were told that our investor did not participate in the HAMP program that we were trying to apply for.

  6. Shelley A. Erickson

    And, also give up future legal rights — by (false) refinance or modification.

  7. I have a customer that is a notary for Chase Bank and she tells me the banks are promoting refies at next to no cost and low interest rates and are having the customers sign quiet deeds and are recording all the mortgages in the dept of records that they were not doing before. The refies are keeping her very busy. Unknowing people are signing their homes away that they legally own by law and due to the criminal banks crimes.

  8. “Livinglies and the American Homeowners Cooperative is preparing to launch two programs directed at providing compensation to victims of wrongful foreclosure transferring the risk of the fight with the banks to entities better financed and better resourced than any individual homeowner.”
    What manner of ill is this? You will buy homeowners’ wrongful foreclosure rights for pittance because they have no funds and are
    ill-suited for the battle? Are we to be greatful?

  9. Posted: Oct 05, 2011 12:48 PM EDT Wednesday, October 5, 2011 12:48 PM EST Updated: Oct 05, 2011 12:50 PM EDT Wednesday, October 5, 2011 12:50 PM EST
    By The Associated Press
    Massachusetts Attorney General Martha Coakley says she has lost confidence that a fair settlement over foreclosure abuses can be reached where banks are held accountable for wrongful foreclosures.
    On Wednesday, Coakley said her office is proceeding with lawsuits relating to unlawful foreclosures.
    Coakley is the latest official to undermine a resolution that has been in the works between major banks and attorneys general in all 50 states. Last week, California Attorney General Kamala Harris pulled out of the settlement talks. Other states including New York also have expressed reservations about the proposed settlement, which would compensate borrowers who faced improper foreclosures.
    The agreement is targeted at settling claims of poor mortgage and foreclosure practices, including document fraud known as “robo-signing, or approving documents in foreclosures without reviewing them.
    Copyright 2011 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

  10. Trespass Unwanted,

    You go way back here — I remember you.

    Agree with others — you put it beautifully.

    Those – in control — that could have done something about the fraud — failed the American people. All but a few courts of justice have disappeared. Incredible that the “system” has forsaken good Americans — like you.

    Excesses and fraud will be flushed out — every 40 years — cycle changes. May the children be stronger — by the strength of people like you.

  11. Comptroller of the Currency
    Administrator of National Banks
    1301 McKinney Street,
    Suite 3450.
    Houston, Texas
    77010-9050
    Fax: 713-336-4301

    October 3, 2011

    Re: Case No. 01615287 and 01406372
    WELLS FARGO BANK, NA

    BARRY S FAGAN- Complainant/Plaintiff
    Los Angeles Superior Court Case SC112044

    SUPPLEMENTAL EVIDENCE OF BANK AND APPRAISAL FRAUD

    A.VIOLATIONS OF THE OCC CONSENT ORDER DATED APRIL 2011

    B. VIOLATIONS OF THE FEDERAL RESERVES $85,000,000 CONSENT DECREE AGAINST WELLS FARGO FOR BANK EMPLOYEES FALSIFYING BORROWERS LOAN APPLICATION INCOME AND INFORMATION.

    Dear Mr. Chandler:

    I am in receipt of your letter dated September 6, 2011 and wish to further supplement my file with additional evidence of bank and appraisal fraud.

    Attached hereto and made a part hereof are Exhibits A through H, all of which have been filed with the Superior Court of Los Angeles CASE NUMBER SC112044, and have now become a public record.

    Contained within those exhibits, is evidence of a fraudulent loan application, appraisal fraud and a Declaration of Default (Section 2923.5 violation), perjury and continued violations of your own OCC regulatory rules, regulations and Consent Orders.

    Kindly review these exhibits to see that Wells Fargo Bank continues to Verify under penalty that which can be easily proven as untrue.

    The evidence to prove that my loan application was indeed falsified is compelling as:
    I have already verified under penalty of perjury in my July 15, 2011 First Amended Complaint, that I did not fill out any of the information in my loan application, nor see the loan application that was submitted to the underwriters by Wells Fargo private banker Dalia Warren. I verify that no income information was given to Wells Fargo Bank by me and that the alleged 2007 loan was a Stated Income Loan that did not require any income to be verified. I verify that I have never met Dalia Warren, a private banker at Wells Fargo Bank. I verify that Dalia Warren stated a false income on my loan application, a false marital status on my loan application, a false purchase date and purchase price on my loan application and a false statement concerning that my home was not held in trust at the time of the 2007 loan.
    I verify that I signed an IRS form which gave Wells Fargo Bank permission to pull my income tax returns but that Wells Fargo Bank Never in fact did so. I verify that on July 20, 2011, Wells Fargo Bank was fined $85,000,000 by the Board of Governors for the Federal Reserve for having their employees prepare loan applications on behalf of their clients with false and inflated incomes. Even the application itself states that the borrower (me) was given no access to it, nor was I privy to any amendments made to it. The Loan Application itself states that $775,000 was applied for and yet Wells Fargo approved $1,000,000 without any regard to proper underwriting standards or guidelines. See Exhibits C & D.

    Moreover, Wells Fargo Bank’s May 11, 2011 Response to the OCC’s own inquiries concerning this subject loan contain false and inconsistent statements concerning income, debt to service ratios, loan to value, and CLTV.
    See Exhibit B.

    Exhibit A is perhaps the most egregious as that document was used to set in motion this entire illegal non-judicial foreclosure. The Notice of Default Declaration was UNSIGNED by anyone known and in fact was signed by WELLS FARGO BANK. See Exhibit A.

    This is an absolute legal impossibility, as an individual is required to sign on behalf of Wells Fargo Bank and this blatant California Civil Code Section 2923.5 violation should have been enough for the alleged Substituted Trustee TD SERVICE COMPANY to conduct further Due Diligence before illegally recording a Notice of Default on my primary residence. Section 2924 cannot possible provide TD Service Company with privilege when they failed to act with impartiality and minimal levels of due diligence. See Exhibit A and also:
    1. Kerivan v Title Insurance Insurance and Trust Company (1983) 147 Cal. App. 3d. 225, 229:
    2. Bank of Seoul and Trust Company v Marcioni (1988)198 Cal. App 3d 113, 119;
    3. Hatch v Collins (1990) 225 Cal. App. d 1104,1113;
    4. Woodworth v. Redwood Empire Savings and Loan Association (1971) 22 Cal. App. 3d 347, 366;

    THIS IS A CRISIS! In California between 9,000 and 18,000 Foreclosed homes are confiscated EACH MONTH by the banking industry (Information available at http://www.foreclosureradar.com/california- foreclosures). The broadcast news media, newspaper and numerous periodicals have raised public awareness that over ninety-nine percent of these confiscated homes have been and will continue to be acquired by fraudulent means. The small percentage of homeowners who rely upon the California trial courts for protection under express laws are in most cases met with abuse of discretion. This crisis of massive California homeowner exile has been by the hand of the trial courts who are presumed to be under oath to stand as guardians of law, equity and substantial justice to prevent the very travesty of justice they continue to support. The Judicial Council of California/Administrative Office of the Courts drew the line to insure the rights of those who stood on there right to equal protection under the laws would have issues of title, fraud and due process heard by an impartial judiciary. Presently, in any proceeding dealing with foreclosure issues, the trial court merely presides over a bank tribunal. In constructing the non-judicial foreclosure statute(s) Cal. Civil Code 2924, was the intention of the California Legislature to abrogate provisional access to power of sale by private agreement, which abrogation is prohibited under Article 1 Section 10 of the U.S. Constitution, in favor of statutory access to power of sale to empower statutory non-judicial foreclosure whereby is created a statutory waiver of due process prohibited under the Fourteenth Amendment?

    Exhibits E, F and G all show just how James Ebert of EBERT APPRAISAL SERVICE INC. falsely and fraudulently inflated the value of my residence in 2007 to $2,100,000, when Wells Fargo’s second and third appraisals for my residence reflected $1,150,000 in December 2009 and $1,185,000 in January 2011. These two appraisals estimated the value of Plaintiff’s home to be $1,150,000 and $1,185,000 which was nearly $1,000,000 less than the Defendant Ebert Appraisal Service Inc.’s May 16, 2007 appraised value of $2,100,000. Such a decline in value was not based on market conditions alone but is further compelling evidence of the fraudulent appraisal performed by Ebert Appraisal Service Inc., and knowingly used by Wells Fargo Bank as a means to get me to increase my debt load on the property without having the true market value reflected from which to base my decision upon. But for this fraud and inducement defendant Wells Fargo Bank and Ebert Appraisal Service Inc., I would never have exposed my “Property” to such risk.

    Exhibit H is a Court Order dated September 9, 2011 against Wells Fargo Bank for Discovery Abuse with Sanctions which is further evidence that Wells Fargo Bank is continuing to Violate the OCC’s April 2011 Consent Order.

    So I continue to write to the regulatory authority that supposedly enforces and promulgates rules for National Banks to follow, and submit both evidence and allegations of fraud.

    I believe if my case is reviewed at the highest levels, the OCC can indeed do something to prevent fraud rather than in my opinion harbor it.

    Kindly forward this evidence to California Attorney General Kamala Harris’ office so that they too can review these exhibits for possible State prosecution of these fraudulent and criminal acts.

    Sincerely,

    Barry S. Fagan Esq.
    Malibu, CA 90265

    http://www.scribd.com/doc/67182879/Barry-Fagan-v-Wells-Fargo-Bank-Re-Evidence-of-Bank-and-Appraisal-Fraud-to-OCC-Complaint-Numbers-01615287-and-01406372

  12. @ Spitfire, while I agree with your spirit almost entirely, I take exception to one of your statements. You wrote:

    “So the least the “old guard” can do is educate ourselves appropriately and continue to fight from where we are.”

    I don’t understand this logic. This is not a battle frontline meant just for the young folks. All but the very elderly can and must join in this show of true force. Make no mistake about the repercussions of “holding back” or “wishing them well” when it comes to the battle being waged…to do otherwise is misguided.

    The “old guard” we should be referring are those in power who have sold us down the river for the almighty dollar. To not wrestle our country back from these traitors with everything within our power is akin to watching the holocaust without saying a word. The resistance is calling.

    I’m old, retirement aged, not that that’s going to ever happen thanks to the rampant fraud, but I’m getting set to occupy in the trenches in my city. And I have a long term commitment to the cause, for I truly feel it’s them or us. I may end up sore, tired, and behind bars, but that’s a small price to pay in a battle such as this. I’ve decided that I’ll not stand for a world that is set to treat our children even worse than we have it now. They’re heading into slavery, unless we ALL rise to this occasion.

    We’ve tried their way for decades, and they’ve totally screwed the pooch. Servitude awaits us all. I’ve been calling for pitchforks on this blog for years. Now it’s time.

  13. While it should never be our duty to have to be able to explain the fraud comprehensibly, unfortunately, in order to be compensated justly, it now falls on all of our shoulders to educate ourselves thoroughly about the entire extent of this ponzi scheme / mortgage fraud. And yes, it is time consuming, and no, its not “fair”. And yes, there is ALWAYS the possibility that we will not receive our just rewards or be fairly compensated or not lose our homes. But at the end of the day, when all is said and done, you will come away from this experience with the full knowledge that you fought a good fight and that you did everything in your power to rage against the machine.

    I am deeply touched at our youth that are still young and energetic enough to wage this war on the steps of Wall Street. They are my heroes. And I am willing to bet that more than a few of them have seen their mom and dad’s lose everything they ever worked for in the past 5 years. They are awake and informed and pissed off. I love it.

    You can hear the sense of pain and urgency in their voices and they will not be silenced. So the least the “old guard” can do is educate ourselves appropriately and continue to fight from where we are. Fight the fraud, fight the corruption, and stay angry, because it gives you an edge. Do not give in to the feeling of hopelessness that is constantly tugging at you.

    Once you truly understand that you did not default on your loan in a soul sense kind of way, until you get it that the game was rigged from the start, you will not have the self righteous indignation and anger that you MUST have to be victorious in your quest to save your home.

    There is so much truth in the age old adage that KNOWLEDGE IS POWER. The more you learn, the more you educate yourselves about this, the better chance you will stand of success. Research, research, research. And once you have armed yourself with the facts and the truth, studied case law, state foreclosure statutes, property law, and then reviewed every scrap of paper that relates to the bogus assignment or trust your property was conveyed to, then you will walk into the courtroom feeling already victorious. And when we all start showing up in droves actually KNOWING what we are talking about and able to explain in detail how the fraud VOIDED out our Deed of trust or Mortgage, then and probably only then, will we start to see the change we need.

    We are the occupation ~ we are the ones we have been waiting for~
    And We Are Enough!

  14. I meant “will arm them…” Sorry about the typo

  15. Trespass unwanted, what you wrote is beautiful It echoes exactly what I feel: our children watch us. They don’t expect us to win every battle because they do realize that some are larger than ourselves. What they need, though, is to see us keep fighting for what is right and remain steady. Of course, having our life stolen for several years deprives them as well but they do understand. Learning from us first hand that certain things are worth fighting for and should be fought will harm them to do the same later on, when they deal with their own battles.

  16. Hi all,

    Recently I found my original Purchaser Grant Deed. It was the original copy that was filed. I was married and there was no quit claim deed done. Instead I was placed at single. The end of the marriage did not come until a few weeks later.

    I did not ever see the document until 2 days ago. Guess what there was white out on the document. I removed the white out and poof my marital status changed. If I had not studied this information, and see the white out on the original document I would have failed to nail them.

    I knew this all the time, however their documents put single. I have attached the document entitled BAP 11-1221 RJN #3 Terra Lago Purchaser Grant Deed returned to Brian W. Davies. See all 3 exhibits and it is amazing how they manipulated the documents. It is clear that the white out in exhibits #2, and #3 hide the true writings.

    See the stamp on the Exhibit #3 certifying that this is a true and correct copy when it is not.

    http://www.scribd.com/doc/67513751/DAVIES-VS-DEUTSCHE-BANK-FABRICAT

    Brian

  17. Trespass Unwanted…I haven’t time just now to go through all the posts,I saw yours…wow.

    I’m soooooo grateful.Only wish I could see&think more clearly.Sometimes I do.

    The LAW OF ONE still holds.I must trust that.

    Battling against the desire to end it all,daily.Fighting with what no longer feels to be left there,so to speak.Tired,so tired.Tonight it will be down to 35,will the furnace hold?can’t use the fireplace needs a sweep/inspection.No cash.Nada.No job/work.Fun times for millions…

    Man hasn’t paid on it (mort gage) since last July?left me marred a 20 something from Accra Ghana.Ha ha you get effin nothing etc.Three daughters no State marriage lie Sense so yes that is so…I found some temp work at slave wages it ended last April.God alone knows how this far…stubbornness i suppose.My attitude sucks now please forgive me all…it is so hard.NO money the house needs work,1.09 acres lawn mower now broken,things are deteriorating…mayday?

    Oh what can one rally do?I surrender to
    Truth
    may it become known!

    A decade back I started saying “bankster,sounds like gangster…”I saw health insurance as sickness insurance 30+years back.School?mainly a prison.

    Anyhow,sorry for my ramble,thanks for your post…may the force be with you…

  18. I lost ten homes in the span of 2008-2009.
    I noticed two of the homes were sold by Aurora Loans
    to a bonafide buyer in early 2009.
    I noticed also that the buyer was given a grant deed from and conveyed by Aurora Loans.
    I never conveyed my Grant Deed to Aurora Loans.
    That this means that Aurora Loans and buyer’s Title Insurance Company sold a home that has no Title?
    I am planning to exercise the power of Grant Deed to evict the homebuyer to remove (evict or adverse possession) their property out from my property (LAND).
    Any take/opinion is appreciated.

  19. @Trespass Unwanted….Thank you <3 Your words for me are comforting. <3 I have apologized to my daughter. My home has not been foreclosed on YET. Believe me I have started to look at all of this through a very different pair of eyes. Family, friends and relationships are far to precious to let be destroyed by something so sinister. Many have lost these very precious things being consumed by a fight for what is rightfully theirs.

    "But it is in ‘peace’ and in ‘love’ that we get it back, because Universal rules were written before Man wrote the rules. Universal rules prevail and right now man/mankind is finding out who is the real Creator of this land."

    Wise words my friend. Thank you again and ((HUGS)) <3

  20. Good for you, Trespass…God bless.

    Has everyone signed this VERY important petition?—

    http://www.getmoneyout.com/

    thank you.

  21. @MD, I was always real with my child, and she was part of the process. I told her, if they can take this home from me like this, then I must have signed a bad contract. But I had signed a good contract so I thought I could stop the process by the time I got in front of their God.

    The judge of the court did not hear me. Their interest was elsewhere and things I replied to answer their fraud complaint was ‘just an answer’. I didn’t realize it until the judge was ‘nasty’ to the Creator within me and told me that just because I provided paperwork and labeled it exhibit didn’t mean it was an exhibit until she said so.

    I knew we, as life, had lost our way and I did not want to fight unknowins who decided to become enemies for what I’d inherited as a child and creation of the One infinite Creator.

    So defeated only in a physical existence sense, I went home and told my child the home was stolen and I could not stop it.

    With eyes wide open, I vowed not to help them steal another home. So even though we preferred home ownership we were not going to purchase another home. Bump that! We weren’t going to be purchasing the property that was ‘five finger discounted’ from another family with the stroke of a pen.

    We used to use that ‘slang’ to describe shoplifter/theives.We’d say they wanted the ‘five finger discount’.

    Bank employees and law firm employees wanted the same thing.

    I learned to see the world not as a bank, but as the people working for the bank. When you see the bank, you wonder how can we in our ignorance say a bank stole our home…it’s just a building….when we really pull back the curtain in the Wizard of Oz, we see that it’s employees who are doing all the stealing, and we still don’t see the wizard who is taking ownership of all this land and homes.

    But it is in ‘peace’ and in ‘love’ that we get it back, because Universal rules were written before Man wrote the rules. Universal rules prevail and right now man/mankind is finding out who is the real Creator of this land.

    If I were you, I’d start by apologizing to your daughter about the loss of time. Don’t feed the ‘I failed you’, ‘I let you down’ (victim words)…don’t do that because a mom can influence the emotions of their child by the words they use. Just tell her you apologize for focusing so much of your life in one area when there was so many other things worth living for and you know what’s precious now and have learned that some things in life are challenges that we have to decide how we will face them, whether we will over come them, whether they will overcome us and in the end, what we learned from them.

    Your experience came at a time when your child was old enough to get the same lessons in life from the challenge you faced. Your daughter learned that some things in life are challenges that we have to decide how we will face them, whether we will over come them, whether they will overcome us and in the end, what we learned from them.

    Do not victimize yourself or her. No one wrote the book on how to deal with this, It was not a foreclosure. The only way to foreclose on someone is if there is a valid contract and an obligation to perform according to that contract. It is a great adventure and makes life worth living, all the same.

    I don’t consider myself as losing anything. You can’t take from me what’s actually mine…like my soul. All this other stuff is just that, it’s “stuff” that is borrowed for use while I’m here; and it stays here when I leave/die. If it’s stolen while I’m here then the One who stole it has to deal with the cosmic consequences.

    The judge’s signature is on every judgment that removed a life from their home. There is energy at work you can’t see, and that energy binds in ways we don’t comprehend at our level, but judgment is something that Universally I would not want to experience from the Infinite Creator. All men are equal, so how can one man/judge/woman sign a document to remove another man/woman/child/life from their home based on the actions of another man/woman/attorney who says they represent an inanimate object/building/bank/non-living entity; that can’t sign a contract to start the dispute in the first place.

    When you see the real, you know it’s not worth liquidating the assets you don’t know about to keep what’s here.

    I’ve felt this was a war for our soul. We have no idea how filing a bankruptcy and agreeing to give up all our possessions whether its physical or ethereal as well.

    They have a maxim “If it’s not excluded, it’s included.”
    You just never know what you agreed to until you find out what you agreed to. I could never give up my inheritance. It can be stolen against my free will but I will not give up something that already belongs to me to keep something that already belongs to me.

    That’s just me, and this is just an opinion, no statement of facts because I don’t know the ‘whole truth’.

    Forgive yourself, Love those that do things against you for they know not what they do, and if they do know they do it because they don’t feel loved. So love them anyway. Apologize to those who needed you and may have experienced a feeling of loss while you were temporarily preoccupied and focused on a single aspect/challenge of your glorious life.

    Trespass Unwanted, life, corporeal, jure divino, in jure proprio, allodial

  22. WATCH THE VIDEO
    October 4th, 2011 | Author: Matthew D. Weidner, Esq.

    http://mattweidnerlaw.com/blog/2011/10/attention-99-the-revolution-will-not-be-televised-and-thats-quite-allright/

    Attention 99%, The Revolution Will Not Be Televised….And That’s Quite Allright…..

    The 99% do not have bombs. But behold the power of the quill and ink.

    What a beautiful statement.

    THE 99%

  23. I wonder if this will cover investment properties? I was making about $50k a year and was apporved for approximatley $760,000 worth of loans. Yes that’s right more than 15 times my annual salary. I did a cash out refinance and bought 2 investment properties with the cash I was given and financed an additional $400k from the new properties.

    Our loan officer included my wifes income at the time even though she had only been working for about 3 months. They also inflated her income. We never asked for a stated loan, We provided W2’s so there was no need to do a stated loan. We trusted our loan officer who advised us that this was acceptable. I wrote a QWR to my pretender lender (Aurora) advising them of the this as well as some other underwriting violations and they pretty much denied all wrong doing stating they only service the loan and did not underwrite it.

    My battle has gone on for a couple years as well so I feel for peoples lives that have been affected. My heart goes out to all of you.

    I’m not trying to get a “free house” but want to prevent a non party from getting one. I would just like my home to go back to the pre re-financed amount and have all my payments for the last 4-years applied towards that. I’m fighting for the home my kids were born in. The banks are just trying to bleed us dry hoping we’ll run out of money and give up the fight.

    I’m really not sure where to go from here but just take it one day at a time. Good luck to everyone and I hope something good will come of this mess soon.

  24. @Trespass Unwanted….What you wrote today touches me deeply….The part about the emotional disruption of a child watching a parent fight to keep the roof over it’s head. I’ve have basically been “checked out” of life for the past couple of years. Totally focused on learning about the foreclosure crisis and what I can do to keep my home. I know it affected my daughter greatly. These past two years I can never get back. The time missed with her can never be replaced. Her senior year passed by and I was so emotionally involved in saving my home that I was not present in that milestone of her life. What amount of restitution could ever pay for that????$$$$$$

  25. Answer your foreclosure action. Fight back! Talk to an attorney.

  26. Make Wall Street and the Banks pay !.They stole your signature to commit crime.

    NO SETTLEMENT !!!!! OCCUPY WALL STREET !!!!!!!

  27. In my opinion, Modifications were tricks; they were attempts at getting new contracts. Each subsequent agreement/contract can override a previous agreement/contract (Think original mortgage with one bank and then a refinance with a different bank). If the banking institution is no longer around, in my opinion, the first bank that is around, that can get signatures and a new agreement to pay them for the home, is considered first in line, first in time and holding a more recent obligation that supersedes all prior obligations.

    Those who chose bankruptcy to keep the home , in my opinion, are not part of this OCC review or settlement. In my opinion, You can’t back out of a bankruptcy decision that has already cleared the slate/account, given you the home free and clear, so the purported creditors go away.

    I keep wondering if the increase in unemployed is parallel to the increase in the number of successful bankruptcies. There appeared to be a strong push that it was the only solution to a problem not caused by the many. I’ve always felt there has to be an account of some sort, like the social security account since so many want that number before providing a service or selling a major product. I felt that the employer is paying a salary from some account that is holding the wages and somehow, somewhere the slate is wiped clean on all debts and credits and who knows what else because you were able to keep the home but not much else after a bankruptcy.

    I totally refused to sign a new agreement with anyone or anything to keep my home.

    The lender I had the agreement with, just up and went away after 10 years of a relationship and payments. We had a ‘trust’…a Deed of Trust and they broke the trust. They went away and the trust had no beneficiary but the Trustee wanted to keep it valid and it was not without an assignment of the assets in the trust (my home) to another beneficiary before they went away. A new entity was claiming a right to payment and the home but had no assignment (no beneficial interest…they were not a beneficiary). I didn’t comprehend trust agreements at the time this was going on, but learned some basics since that time. I’ve been studying contracts…If I agree and you agree (in writing), then we have a deal, but you aren’t going to be handing your agreement (in writing) to any Tom, Dick, or Harry and they want me to hold up to my agreement with you, but they have no agreement with me (in writing)

    No way, no way.

    I should see some remedy for me in this settlement.
    My life was disrupted. I had to sell things I’d owned for a long time because I had no place to put them when I moved to a smaller space.
    Having the emotional disruption of a parent trying to save the roof over your head from being stolen is an unforgettable experience for a child, depending on how the parent functions while going through this. Then there is the changing of schools, and trying to make new friends. Depending on how far you moved away, the inconvenience of trying to keep friendly relationships that were dynamic and fluid, now they have to be planned events because you aren’t as close in proximity. The first year, I had to travel into the old neighborhood so my child could trick-or-treat with her friends, but it wasn’t the same. The child felt like the outsider going door to door and to see someone with a family was occupying our home gave us mixed feelings. Of course we don’t want the same for them, that happened to us, but they were on our property and not taking care of our trees or our yard. We nurtured those trees to beauty and they didn’t even water them. By the time we’d get the home back the trees roots would have had to reach under the home to get water and make the foundation drop and potentially crack.

    Not everyone are real home’owners’. It’s about the entire process not just inside the walls.

    Thou shalt not steal.

    The purported elite, in my opinion, have crossed a line in the rules of the game and ‘cheaters never win’.

    The game has rules for winners and losers and as long as it’s played by the rules, even in our ignorance we could lose things in the game..but once those with an advantage cheat even when they are winning, it’s Game Over.

    I called it.

    Trespass Unwanted, life, corporeal, jure divino, in jure proprio, allodial

  28. Karl gets it!!!!!!!!!11

    Remember Credit Cards were introduced only a short time ago, like the 1970’s. When you are 50 years old like me that time of 40 years ago from present time is not that long ago. I remember when CC first came out and my DAD was pissed, he said he was proud of being able to pay cash, pay cash for purchases……………….

    oh how times have changed.

    http://market-ticker.org/akcs-www?post=195434

    So, you still want to use credit cards, car loans, department store CC’s, gas CC’s, mortgages……………..go ahead and you are artificially jacking up the prices of things and lining the pockets of you know who,

    and the WHO never does anything productive or exchange something of value for something of value, no the WHO’s get free money, a toll booth,,,,,,,,,,,,,,

    and as prices for things go higher, why the monies received by the who’s goes higher as it is a percentage of the transaction.

    the who’s will fight to have you not using cash, yes they need you to use credit, leverage

  29. John Walsh, acting head of the OCC, unveiled some aspects of the plan in a speech last month to banking executives, when he said the agency was exploring “the best means of ensuring that injured homeowners had the opportunity to seek relief,” when they were harmed by lender improprieties.

    The corrupt and captured “regulator,” John Walsh, needs to be terminated from his post. Find someone who will actually perform the job, instead of pandering to the banksters’ every whim. I have repeatedly written e-mails demanding that he be forced to step down. Please help me in my efforts.

  30. @ Linda, you wrote:

    “Question now, how can the banks or anyone get us a home of equal value if those homes do not have clear title, either?
    They will have to compensate us in cash. Don’t see any other way.”

    Millions fraudulently foreclosed. Banks insolvent, which is why the push to claim as many homes as possible while the government looks the other way. It’s the least OUR government can do for the campaign contributions.

    Support an occupation near you, before it’s too late!

  31. This is utter nonsense on too many fronts. Lender “improprieties”? Is this a joke? The true definition of this word is of course “improper”, or “indecorousness”. Lacking good taste? Foreclosure?

    So, would you agree that stealing built up home equity to the tune of hundreds of thousands of dollars on a home is in bad taste? That orchestrating a modification that the beleaguered borrower has to jump through its various hoops and hurdles over and over again all the while the foreclosure machine is shredding its way ever closer is distasteful?

    What about the fact that John Walsh has for years simply 1) ignored homeowner complaints, or 2) forwarded the complaints directly to the banks in question, giving them a heads up as to how to proceed against the rabble rousing borrower?

    Most importantly, this bad decorum Walsh is referring to does NOTHING to abet the current, ONGOING foreclosure machine that is plowing through America as we speak. Forget about the past transgressions for a moment….what of the millions of folks who have no defense against this well oiled fraud device called TBTF that is currently mowing down entire communities from coast to coast? Where’s the current review, as in “STOP FORECLOSURES NATIONWIDE! THE ENTIRE MACHINE IS BROKEN!”

    The OCC’s effort would be akin to suggesting that people who were affected by the rape of the entire girl scout troop call the pervert to work something out. If in fact you could catch him between troop events, due to the fact that he’s a very busy man.

  32. @MD

    thanks for your link. Good video to watch, only 5 minutes or so. I am glad the younger folks are getting it. Word is spreading very rapidly now on the corruption of the 1%.

  33. I wrote to OCC twice and nothing became of it. But who knows. Perhaps something is in the works now. We would gladly take our home(s) back but they’ve been sold. We were booted out of our home this year and camping out, even though all the errors were pointed out to Wells Fargo right up until the end and begging for our home, they ignored us. We paid two attorneys who ripped us off.

    Question now, how can the banks or anyone get us a home of equal value if those homes do not have clear title, either?
    They will have to compensate us in cash. Don’t see any other way.
    And with that compensation, will we have to sign a release not to sue?
    What if someone is already in a lawsuit?

  34. Malco

    Could you give more specific info. I had Bierman from the same bunch of criminals on my paperwork. Is just Geesing in trouble or the law firm?

  35. Any person , in ANY state can go to Arizona,Nevada or Washington State Attorney Generals Office and file a complaint , this will jamb them up for YEARS , I am in AZ’s now and thinking about Nevada’s -yeh it’s a pain but any time you can buy until the truth be told is another mortgage/rent payment you put in your pocket , B of A pays my taxes , but I pay my own insurance , they refuse to negotiate and I refuse to use a third party to modify my loan ( HAMP )-Best of Luck All

  36. Sounds to me like a true admission of guilt . My first attorney the bank hired is in threat of disbarment for robo-signing ( Jacob Geesing -Geesing & Ward ) so in my list of additional charges interest made up appraisals and the inspections , get this They charged me again for the second attorney they had to hire ! .. I had to tell the B of A guy taking pictures that it was illegal for him to pull into my driveway or be on my property at all w/o written pre notification from bank and the best part is , that where I live , I own out to the center of the double yellow line in the middle of the road. I confronted him and he showed me his “I D Badge” and gave me a piece of paper made from a copy machine , all crooked and sloppily cut . I asked him what was he making 10-12-15 bucks per house and was it really worth it ? The one Saturday morning , in one of my moods , he got a pic of me flipping him the bird from my front porch , childish , yes , satisfying ? Hell Yes .I do not feel like digging thru my papers , but if I re-call the bank charges 250.00 and they do this once a month , and I actually go out and BS w the guy now , telling him about the fraud , to go to the MERS site and check his address to see if he is part of the biggest fraud in the history of our Country .I think it’s out now and hopefully our justice system will take the blindfold off for this one .

  37. MD,

    Very important — your post. Also, what about all the false insurance claims that were used to place GSE loans in false default — in order to get the loan out of GSE control?? In fact, this is what occurred for subprime refinances. Subprime refinance?? — not a “mortgage” refinance at all.

    Regulators finally getting it — about time.

    Agree — about “no comfort” with OCC — but, OCC not acting alone — investigations coming in from everywhere.

  38. FHA looking to deny claims….

    “FHA’s focus in its efforts to deny more claims “will likely be on missteps made in the hyper technical servicing process,” although “the possibility remains that the agency could be looking for any mistakes made throughout the loan’s life, therefore exposing the lenders to losses as well.”

    “mortgage loan servicers could be facing $13.53 billion in losses from FHA claims denials, while mortgage lenders could be facing $11.52 billion in losses.

    For Wells Fargo (WFC_), Millers estimates “implied losses” of $3.55 billion as a servicer and another $3.29 billion in losses as a lender.

    Bank of America could be facing losses of $2.33 billion in losses as a servicer and $2.12 billion in losses as a lender.

    For JPMorgan Chase, FHA claims denials could lead to losses of $1.39 billion as a servicer and 1.42 billion as a lender.

    Citigroup’s losses as a servicer from FHA claims denials could total $1.66 billion, while its losses could total $810 million.

    U.S. Bancorp (USB_) could lose $760 million as a servicer and $700 million as a lender.

    Flagstar Bancorp (FBC_) faces “implied losses” of $300 million as a servicer and $390 million as a lender from FHA claims denials.

    For PNC Financial Services (PNC_), Miller estimates that losses from FHA claims denials as a loan servicer could total $240 million, while the company’s losses as a lender could total $210 million.

    http://www.thestreet.com/story/11265399/1/mortgage-mess-next-shoe-to-drop-is-fha-analyst.html

  39. Per Neil Garfield (or Oz or whoever):

    “If you lose you don’t seem to be any more the worse for wear”

    You’re kidding…..you must be…..what about all the wasted money paid to attorneys you would have us hire.  What about the earlier acknowledgment on this site of severely compromised health.  What about the stress and all the other points of wear:  lost time, uncertainty, delaying or neglecting more productive “get on with your life” measures. 

    What about the futility of fighting on hostile territory:  jurisdictions that will find any excuse to favor the banks.   After all these years and theories, Virginia has officially ruled that a thief  (and we know who they are) can enforce the note and foreclose.  “Case closed” in that jurisdiction.

    So also, what are Livinglies and American Homeowners going to get from their programs. Free houses for another set of opportunists?

  40. The OCC….That gives me no comfort at all. Why do I get the feeling this is to snare the homeowner into something else illegal…Not to mention that even after 2 years of my (servicer) threatening to foreclose they have sent me no NOTICE at all….I’m sure this is because THEY CAN’T legally foreclose. Taxes and insurance are also due on my home in Dec and Jan.

  41. I am so glad to read that there is going to be a 2nd look at foreclosures!! I am sure that if banks foreclosed on FHA loaned homes, they collected the outstanding mortgage amount from PMI insurance, thus they are “paid off” and no longer “owns” that home!! The home then belongs to the Federal govt..who really should arrange to give it back to the owners and work on a repayment agreement with them…or mortgage (again..)

  42. and the rest of us ???? waiting for our foreclosure having been run over by our banks and not wanting to negotiate, i am being told to apply for hamp but we will continue foreclosure proceedings that they are going to allow???? we have have had appraisal fraud, mortgage application fraud and now modification fraud, and the foreclsoure fraud. it would be wise to compensate us all espicially all the homes where homeowners are still in their home.

  43. We’ll see what happens!!! But the bad guys/ criminals appear to be losing the more reason to push forward!!!!

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