COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE

EDITOR’S NOTE: Without fraudulently inflated appraisals, Wall Street would have only been able to move about half as much money as it did. That would have resulted in losing over $1 Trillion in hidden yield spread premium that occurred when the loans were purportedly “Sold” to the pools. Without inflated appraisals we would not have people under water, nor would there have been nearly as many foreclosures because selling the home would have been possible.

It was a trap, pure and simple, created by Wall Street and now being relentless enforced by non-creditors who take advantage of the fact that investors want no part of any claim against homeowners. Investors know that there are legitimate counterclaims, affirmative defenses and defenses. They know they can’t answer discovery without giving away the case. So now we have sharks (pretenders) swimming in for a feeding frenzy because nobody else came to the party.

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

October 3, 2011

Re: Case No. 01615287 and 01406372

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




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 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




Barry S. Fagan Esq.
PO Box 1213, Malibu, CA 90265-1213
[T] +1.310.717.1790 – [F] +1.310.456.6447.


65 Responses

  1. […] on October 6, 2011 at 12:51 pm said: this getthemoneyout movement is about as nonsensical as the OccupyWallStreet gang. neither […]

  2. […] on October 6, 2011 at 2:57 pm said: Bdavies: I hate scribd, so slow to load. Could you give a cliff notes version of what you […]

  3. Finally, a few lawyers are finally connecting the dots. Anything I can help with in Central Florida, please let me know. The fraud was and continues to be so massive, IMO–it’s why most people and law enforcement believe these types of things are the exception when those of us in the business know it’s been the rule of lenders, pun intended.

  4. THIS IS only a smoke-screen to conceal the massive fraud as documented here by Ca. State Office Of Real Estate Appraisals (OREA) own documents:
    Office of Real Estate Appraisers (OREA), while revoking license of only street-level forger, conceals felony forgery by deceptive wording, and allows reapplication! : Alpha GroupManouchehr M Shadab – 30100 Town Center Drive, North 403 Laguna Niguel, CA 92677
    O. C. Courts give free rides to felony forgers:

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

  6. Global financial system is set up exactly like Vegas….lots of diversions and a way to take your money at every turn—while making you believe you actually have a chance at making big money…and the house always ends up with your money, except for a couple other rich guys…In this case—the “house”—is Wall Street…and banks.

  7. so if you think——-

    why I deposit my money at a bank, and I get lets say 5% interest rate compounded yearly for having my money at the bank,,,,,,,,,,,,,so they can lend it out to another at 8% interest rate, why that is good…………

    that is what the line of thinking was 30, 40, 50 years ago.

    What is the line of thinking these days————–

    respond back here on livinglies, do young folks think this way? Are they even aware of this? That this was?

    I am 50 years old and used to get a interest rate return on my deposit into a bank for my savings account. Do young folks like 20 years old even know this occurred?

    Ask around? Ask your teenagers in the hood?

  8. @TMT.

    nice post.

    READ THE COMMENTS. It’s all about balancing the books – assets vs liabilities, balancing the books.

    It has nothing to do about the human interaction and all about the profits and loss on the books.

    Fuck You assholes. OCCUPY WALL STREET.

    It has nothing to do about humans, just money and who can sneak the laws and dupe another.

    And it has nothing to do about what is right or wrong really.

    100 years ago it was about fending off bears, animals that could eat you.

    Now it’s about money that can eat you. Who do you thank for that, Wall St and the banks. the Big Five and in the other Countries.

  9. MAX DEFAULT SERVICES are the people that have foreclosed on me just two weeks ago.

    I am going to foreclose on them as well.

  10. If you live in these states:

    California, Nevada and Utah

    I need the following : property and loan information, borrower’s mailing address
    and then I can proceed with foreclosure:

    Per this website listed below which I will model my new LLC called CUBED2K Max Default Services.


    send me info on judges, servicers, bank ceo’s, you name it

    and I will start foreclose process

  11. hey . it’s a free country right.

    send me your info so I can foreclose on the parties you wish to foreclose on.

  12. If you live here:

    California, Nevada and Utah:

    I need the following : property and loan information, borrower’s mailing address

    and then I can proceed with foreclosure:

    Per this website which I will model my new LLC called CUBED2K Max Default Services.

  13. leapfrog, on October 6, 2011 at 4:47 pm said:
    cubed2k: Good to hear that there’s a new sheriff in town! And I love the Gandhi quote.

    I’m setting up a new LLC,



    send me the following on judges, servicer ceo’s, bank ceo’s, local congress people, senators, you name it:

  14. @anonymous

    Only the 1% trade such items and gamble on such items and who pays for the loss’s – -the 99% – Thru Taxes and Inflation”

    How do the 99% pay for the 1% loss’s of their gamblings in derivatives, options, MBS, ABS, CDO’s, etc?

    Taxes – Obama wants to raise the taxes on the so called millionaires or people that create a real company and hire real people and make good money for doing so, and most are not Wall St public firms, so they get screwed. But some are public companies introduced into the gambling arena called Wall Street, and they should probably get screwed in taxes. See the difference. See the difference the politician’s never call out or note. And that would be Obama.

    Inflation – hard one to understand. Increase the money supply thru loans and Government bailouts and the supply of money increases, thus reducing the real value of products but it causes an increase in the price of products. But if your working wage does not go up you are paying higher prices and you have figure out how to make more money. Thus two wage earners per family, wife and husband. In the 1940’s – 1970’s most families had one wage earner – the husband. The wife had an important job of taking care of the kids and keeping the homestead clean and safe.

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

  16. @anonymous

    you said

    ” Problem is much deeper and includes a US economy that has no growth potential”

    Per the maxkeiser clip I posted below……………….

    money is supposed to represent an exchange of products, that would be economy.

    I give you 10 dollars and you give me 10 eggs.

    Or I fix your car and you give me 100 dollars.

    What is the US Economy System (GDP-gross domestic products) nowadays? It is not exchanging products or services. It is exchanging money.

    Why it is 45% financial products, not manufacturing or services – real exchangeable products, but financial products….. or just money products, money represented by pieces of paper and digits being exchange back and forth in Wall St and commodities.

    Where’s the beef?

    There is none, it’s just trading of money represented by debt instruments.

    This is called gambling.

    When you are at a poker table. You are are not trading products, you are playing a game called chance and skill in the rules of the game. You either win or lose, but no product or service exchanges hands. This is now Wall St and the banks and the bought US Government and other Country Governments,

    and the poker chips are called securities, CDO’s ABS, MBS……………whatever fancy name you wish to call them……….but the bottom line is they are not products or services that the 99% trade to earn a living. Only the 1% trade such items and gamble on such items and who pays for the loss’s – -the 99% – Thru Taxes and Inflation


  18. @carie,

    it’s gone up 30,000 sigs in two days…………..that is good…………….

    need more——————

  19. Global financial collapse is coming—whether or not the Administration addresses the whole truth of the mortgage Ponzi schemes…but address it they must…eventually.

    Has everyone signed the petition? Thank you if you have!!!

  20. Monetary Policy even in most normal times————–

    who sets monetary policy, who created it—————-why you did Benny, back in 1913 when the Federal Reserve System was set-up by Wall Street,,,,,,,,,,,,,,,,,,,,,,

    Benny you set Monetary Policy————–you are indeed the Real President,,,,,,,,,,,,,,,and your spokesperson Obama says what he says

  21. cubed2k

    More than about interest rates — that is temporary “fix.” Problem is much deeper and includes a US economy that has no growth potential — and US financial system that caused havoc upon world financial markets — based upon fraud to American homeowners.

    Unfortunately, there is a need to still cover up the latter part. Credit card debt was just the oasis that fueled the mortgage market fraud.
    Yes — cubed2k — credit card debt — same banks — same fraud — same target — the American homeowner.

    You are right — did not start with mortgage fraud — started with credit card debt fraud — and — same party — had your number.

    “information shared.”

  22. see THE MAN wants to keep interest rates low to entice you to keep taking out loans, which is how money gets created……………to keep you as a consumer using your credit card, getting a car loan, getting a home mortgage,,,,,,,,,,,,,,,

    everything was fine until the 1970’s,,,,,,,,,,,,which is when credit cards came out and ABS securization started……………

  23. And as interest rates go up………………which is good for savers and you get to earn interest on your money for depositing it at a bank……

    but interest rates are very low so as a saver you get no interest for keeping your money at a bank……….

    they want you to get a higher return at Wall St ponzi game ROI……

    BUT, who controls the interest rate,,,,,,,,,,,,,,why that is Mr. Ben Bernackiiiiiiiiiiii,

    and he says as “interest rates go up” but you control it Benny, you make it sound like some free market force has the control

  24. Once the occupywallstreet etc.. get a critical mass of more than 5million people, which they will. It doesnt matter what they stand for they will have political power. Why do you think Bloomberg is sending the goon squad. Dont forget we still have election in the United States. and believe me they will vote.

  25. 4

  26. Once the American People understand the basics a little bit———

  27. cubed2k: Good to hear that there’s a new sheriff in town! And I love the Gandhi quote.

  28. @tnharry,

    you are wrong, getmoneyout and occupy wall st is indeed having an effect. And it is having a big effect.

    It is making headlines, people are talking, people are getting informed of your ponzi game.

    It’s not that people are waking up – it’s they are getting informed, please don’t use that term waking up on your fellow Americans or global hard working folks,,,,,,,,,,,,,,,as the same shit is happening all across the globe————gee, why is that????? Why are all economies slowing………….did somebody just turn off a switch,,,,,,,,,,,,,,,,yes they did, and it’s called money is credit is debt……………and people don’t want the debt anymore…………so stick your god damn loans up your god damn arse’s

    yes indeed, people are getting informed and learning the great truth, the wizard has no clothes and is a scam artist………………..

    Thank you very much.

  29. @leapfrog,

    your link last line from george mantor

    “First they ignore you, then they ridicule you, then they fight you, then you win.” – Mahatma Gandhi

    Sounds like we are in stage 2 & 3.


    his point 10:

    10. File Notices of Default against politicians, judges, celebrities, and bankstas.
    This is much easier to do then it sounds and the other side knows that, and that is all they do is manufacture an official looking document. Unfortunately, the group above generally doesn’t understand the implications of that.
    Simply look up their names in the property rolls and see who is recorded as their lender of record. Search on-line for the lender’s known servicers and robo-signers, scan, cut and paste what you need from the examples and off you go to the county recorder’s office.
    All you are going to do is file the notice, pay the fees, and disappear. This is an act of civil disobedience to draw attention to the fact that with rare exception, law enforcement considers this a criminal offense only if done by other than a financial institution.

    ——-I came up with an idea quite similar awhile ago.

    It’s time to foreclose on THE MAN. All of them, judges, sheriffs, CEO’s of the default services companies, CEO’s of your Servicer company……………

    I’m gett’in a six shooter, ten gallon hat, spurs, & chaps. And I’m com’in to a town near you. Yehaw, it’s the wild wild west again,

    see, history does repeat itself……………………..

  30. neidermeyer

    OK — but, values dramatically dropped –in one year — 2008 — as a result of exposure of the fraud. Market collapsed. 2009-2011 appraisals — an afterthought — value had already plummeted –and ever so quickly – not a “normal” supply/demand economic function — by any measure.

    President Obama – today’s speech — answered a question by stating —that there is no “criminal actions” to pursue — just — in his words — “poor judgment”/”reckless behavior” by the banks.

    Oh no, Mr. President, the fraud is massive and started before borrowers even signed on the dotted line. Now, is fraud criminal??? There have been no adequate investigations, Mr. President, to determine the distinction between civil and criminal fraud. Until you promote those investigations, Mr. President, there can be no determination as to criminality. Unfortunately, your saying that no criminality was involved — is meaningless.

    tnharry — if the fraud in this country — including campaign donations –is not fixed — all go down — including you. As my 3-year old nephew says — “Party over.”

  31. bdavies: Thank you for the cliff notes version.

    Did you see the link below? #10 kind of ties in with your post – but with a different twist – I’m not advocating this, as the taxpayers are usually “the man” and foot the bill, while the miscreants (banksters/politicians) get out of jail free, but I can’t say I wouldn’t like seeing it happen to some of the banksters and fraudclosure mill kingpins.

  32. The document loads fast. It was a group who files documents on the land title records to avoid foreclosure. They file bk to stop, then modification of the deed of trust. Then the propagator of the alleged crime has the homeowner assign the property to them with an assignment of the DOT. The signors are all bogus. Then they file a deed of full re conveyance. That would title the property to the propagator. The propagator would try to sell the house.

    Look at the documents. We all wish we could do it, but we can’t. It is a lesson.

  33. Leapfrog, I can see how you’d automatically put colostomy bags and TBTF banks in the same thought stream. Their spillage has infected the entire world.

    To play doctor once again, anyone remaining with these scoundrel banks or set on opposing the OWS coalition is in need of heavy meds or a deep lobotomy. These same people, no doubt, will vote for Cain, who expressed his sentiments yesterday quite succinctly when he said, “If you’re not rich, blame yourself.” This is exactly the kind of ignorance of social issues that got us into this mess. Amass! Take! Profit! Kill! Nightsticks! Mace! Cheney! Haliburton! Compound Interest!

    Or, as a lawyer I know told me this afternoon, “I’ll vote for Obama again just to keep the GOP at bay.” Oh now that’s peachy. So it’s whack-a-mole time again. Every four years we vote for the lesser Satan that pops up, or whomever it is that they want in power to continue the rape and pillage. This is going nowhere in a hurry.

    I’d prefer total collapse and a rebuild than the status quo. Blow it all to hell and re-stack it after the smoke clears.

    UN FU
    CK IT

  34. Bdavies: I hate scribd, so slow to load. Could you give a cliff notes version of what you just said about being people filing documents? Thanks.


    Homeowners beware of people who file documents on the land title records to get a free home. This is a major problem and it will cost you. This is a problem for everyone involved.

  36. E. Tolle: You crack me up on the backfilling colostomy bag – lol. I’ve already gotten my money out. Like most sheeple, I kept TBTF for 25 years because of the “convenience.” Well, you know what? It really was not very convenient getting nickle and dimed for every little thing and being an unwilling participant in their accounting manipulation/floating debit/credit tricks. Don’t know why I didn’t make the switch a lot sooner. So much happier at my little community bank, which is SOLVENT and had ZERO foreclosures last year (they keep their own loans on their books).

    I don’t understand all the naysayers in the OWS movement. I’m cheering the occupiers on. They may succeed and they may fail, but I support the underlying message that Wall Street has FUBAR’d our economy and they should be held accountable.

  37. Tnharry, check your colostomy bag hose, I’m sure it’s got a kink in it. You’re backfilling as you type.

  38. this getthemoneyout movement is about as nonsensical as the OccupyWallStreet gang. neither one will generate results. getthemoneyout just doesn’t work. without campaign contributions, how is a candidate supposed to get any followers? only the ultra-rich would be able to run for office using their own money

  39. The City of Malibu did not suffer from a 50% decline in value from 2007 to 2009 to 2011 and those two additional appraisals are highly probative in that they show just how fraudulently inflated the 2007 appraisal was. You cannot compare a coastal community with what may have happened to other cities in California. Appraisals are site specific.

  40. Anonymous ,

    I also know that appraisal fraud occurred , I’m not disputing that at all ,, however comparing a 2007 appraisal to a 2009 or 2011 appraisal shows LESS THAN NOTHING ,,, if you had appraisals months apart that would be valuable, especially if the appraiser was hired by a non-lender ,, that is all I meant ,, Appraisal fraud is going to be among the hardest things to prove…

  41. If attorneys are aware of all the fraud committed by the banks and know that these loans were faulty why are they shying away from taking on the fight? There are Thousands of them out there working out modifications with banks so they are not in fact fighting the banks, and or looking out for the homeowners. What they are doing is working out a deal with the banks, for the banks!

    The only reason banks are willing to work out a loan mod. through an attorney is because they know the attorney is aware of the fraud, but they work out a deal with each other. If the banks were willing to modify from the beginning with the homeowners who went through hell trying to get a modification why then we would not need an attorney to do that, would we, and the matter would have been solved years ago.

    And why on earth would judges refuse to deal with certain issues because apparently they don’t get it, they should not be presiding over such cases. All judges were lawyers before they became judges, so certain judges should be chosen for certain cases, so they can understand what is going on and rule accordingly.

    And Tim, it’s too bad that your firm is only willing to take the easy way out like so many firms out there. Many of us here in California are looking for such smart attorneys like you who get what’s going on, and need you to help us fight for our rights and stand against fraud.

    So if your goal is to sweep the matters under the rugs and allow banks to get away with fraud, then where is the justice? whether their pockets are bottomless or not, crime is crime and it needs to stop. Trying to fix paperwork that is fraudulently transacted and getting the victims to sign new docs and settle for less than the truth, is not good enough.

    Any other business contract or any other faulty underhanded signed agreement by anybody under bad faith is always fought in court, and the guilty party must pay for his/her wrong doing. What’s so different here? Homeowners were blind sighted by the truth, they signed their biggest investment away conducted by criminals basically and that’s ok with the justice system?

    We are looking for good attorneys here in Cal. but especially in San Diego, so if any one out there hearing us, please speak up on our behave, we need you and your talent and experiences. Take on the banks, fight for the truth and for fairness and don’t tell us that we need to settle, because if we do, then nothing really changes. We would allow this sort of thing to keep on happening, and we the citizens lose our right and most of all our faith in the judicial system. We already lost faith in our government, and those who were supposed to protect us. SPEAK UP NOW, TAKE A STAND AND DO WHAT’S RIGHT NOW!

  42. HEY GUYS—please watch the video of the Keiser Report that cubed 2k posted below—esp. after the 14 minute mark—big picture explained—here is a part I wrote down:

    “…zero interest rate policy seems forced—QE 1, 2, —seems forced—keeping interest rates ARTIFICIALLY low—isn’t it just perpetuating the PONZI?”

    “…The PONZI now is the government’s—because the governments took over the debt from the private sector…because they had to—from the banking system when the banking system became literally insolvent…”

    Then they go on to talk about how the MONEY IN POLITICS IS THE SOURCE OF THE CORRUPTION.


    PLEASE sign the petition if you haven’t already—this will affect our children’s future—and the future of the planet—please help!!!

    Here is a DRAFT of the Constitutional Amendment for public debate this fall:

    “No person, corporation or business entity of any type, domestic or foreign, shall be allowed to contribute money, directly or indirectly, to any candidate for Federal office or to contribute money on behalf of or opposed to any type of campaign for Federal office. Notwithstanding any other provision of law, campaign contributions to candidates for Federal office shall not constitute speech of any kind as guaranteed by the U.S. Constitution or any amendment to the U.S. Constitution. Congress shall set forth a federal holiday for the purposes of voting for candidates for Federal office.”

    THANK YOU!!!

  43. In the deposition conducted by OneWest Bank of the Loan Broker who hoodwinked my deceased 88 year old dad, the Lenders internal “term rate sheet” was introduced as an exhibit.

    What this rate sheet shows is that if the the Loan to Value (LTV) is below 70%, than the loan broker as part of the YSP (yield spread premium) gets an extra 1/4% fee from the total transaction.

    This particular loan broker got a 1% ($3,900) fee for a bogus $390,00 “loan” based on a $570,000 appraisal. Part of that 1% was due to the inflated appraisal, because it came in with a LTV lower than 70%.

    I am sure this is applicable to all transactions out there, where a Loan Broker in cahoots with the appraisers- jacked up the appraisal amounts so “loan broker” could get a higher YSP, based on the term rate sheet.

    So in addition to the Wall Street scheme that used inflated appraisals for their ponzi operation, the loan brokers made out when the appraisal was inflated. They worked in cahoots with the appraisers to get high values so they in turn could get a higher YSP.

  44. Tim,

    I hope you and your law firm don’t try to hide the truth and help put people into a “modification” of a “fake loan” in which they sign their rights away…
    Here is the TRUTH you SHOULD be promoting, imo:

    ANONYMOUS, on September 28, 2011 at 5:09 pm said:

    “…All certificates (Notes), to trusts (bank owned trusts) were sold first to the security underwriters (banks’ subsidiary) — the OTHER bank subsidiary was the Depositor that purchased the loans from so-called “originator.” Off-balance sheet bank-owned trust — was just an accounting conversion of on-balance sheet receivables — to certificates that the subsidiary security underwriter purchased. All a bank can transfer from it’s receivable balance sheet — is current cash flows. Thus, securitization is an accounting conversion of on balance sheet receivables — to off-balance sheet ‘”certificates” — purchased by subsidiary security underwriter. From there, derivative (meaning derived) CDO “securities” are sold to subsequent pass-through cash flow security investors. And, from there CDO Squared –further pass -through cash flows to derived- derived “security holders.” At all times the Depositor owns the Trust — and the Security Underwriter owns the certificates. Both the Trust and the certificates are “derived” from the “loans” — in case of subprime — fabricated.
    So, who owns collection rights to fabricated loans??? Not the squared CDO “security” derivative investors, not the CDO “security” derivative investors. MAYBE — the certificate holders/buyers — who are the security underwriters — who purchased from the Depositor — who are both subsidiaries of the bank that purchased the fabricated loans by which the false securities were “derived.”
    Of course, that is until the “bank” disposes of collection rights — elsewhere.
    If you make too complicated — courts never get it. Although my above explanation may sound complicated — it is not — all supported by PSA and Prospectus.”

    “…did servicer advance payments or not? Only ledgers will tell — and both servicers and securities trustees MUST have those ledgers. Because if they did not advance as required by PSA — then the “security investor” argument as creditor is immediately quashed — even without application of TILA Amendment as to defined Creditor.”

    thank you, ANONYMOUS.

  45. About a year ago, it came to public attention that banks were signing off on hundreds or even thousands of foreclosure documents without knowing whether those documents were true; the signatures often were written by someone other than the named person. The practice became known as “robo-signing” and it caused a scandal because it invited the very real possibility that the home would be wrongly foreclosed. Eventually, a group of state attorneys general emerged to negotiate a settlement with mortgage lenders, which housing rights advocates saw as a chance to correct wrongful foreclosure practices. The Los Angeles Times reported Sept. 23, California Attorney General Kamala Harris had emerged as a leader in these talks — but on Sept. 30, it broke news that Harris had broken away from the talks due to dissatisfaction with mortgage lenders’ offers.
    California is the most populous state in the nation and among the hardest hit by the foreclosure crisis, which the Times said gives Harris a lot of leverage. It also said her involvement in any settlement would be important, and her dropping out of the group could be a major blow to the coalition’s efforts. An anonymous source told the Times Harris stopped talks with the five largest mortgage lenders because she thought they were not offering sufficient relief for the suffering Californians have experienced in the foreclosure crisis, and because they wanted too much immunity from further prosecution. She may have been responding to political pressure from liberal groups that feel the proposed settlement is toothless. However, she followed the lead of several attorneys general who have already dropped out of the negotiations, including those of New York, Minnesota, Delaware, Nevada, Massachusetts and Kentucky. Several of these, including New York Attorney General Eric Schneiderman, have launched their own investigations.
    We’re pleased to see that Harris is willing to create a disruption in order to serve Californians’ needs. We share the concerns the article notes about whether the 50-state settlement will concede too much to mortgage lenders. As we’ve written here in the past, mortgage lenders essentially refuse to take responsibility for any wrongdoing. They claim that robo-signing practices are a technical problem that doesn’t affect whether the underlying foreclosure is valid. This may or may not be true, but it’s difficult to say because, in robo-signing, the lender abdicates its legal responsibility to ensure that the things it tells the court are true. And as observers of the foreclosure crisis know by now, it’s extremely common for major lenders to have major paperwork errors. Thus, the only thing preventing a wrongful foreclosure is a judge’s scrutiny — and until robo-signing broke, judges saw these cases as routine.
    At Howard Law, P.C., we represent Californians who are considering legal action to stop a preventable or unfair foreclosure. Many, many clients come to us after exhausting their administrative remedies and their patience with a loan servicer. That loan servicer often has given the client contradictory or untrue information, delayed responding to requests for months and months, or even denied a loan modification despite the homeowner’s qualifications. Our San Diego County foreclosure defense attorneys believe servicers can and should do better, and we are prepared to hold them legally liable for violations of your rights or their obligations. It may be more profitable to shepherd borrowers into foreclosure, but when it’s a violation of the law, we can take it to court.

  46. I have been in the building remodeling business for almost 30 years until the bottom fell out and the lines of credit ( my customers budgets) were cut off , and I can play any building inspector like a fiddle . My point being is that I did the same thing w/ the appraiser , steered him away from the negative and pointed out all the positives I got an appraisal @ 30 % more than the actual value , my neighbor ( he was foreclosed on and has been gone for years ) got his at almost double the value and half his house wasn’t even finished ( the entire upstairs ) I know this because I worked there for the new owner ! I think the appraisers were getting a percentage , not just them , the brokers , and we know who the big winners were , for now . We must hold there feet to the flames until they break and own up to there deceit- good luck all .Malco

  47. Click on the link to see the actual evidence

    Plaintiff is informed and believes and on thereon alleges, that comparable sale number 3 in EBERT APPRAISAL SERVICE INC.’s appraisal report was for a property located at 20 Stone Drive, Malibu. That home was directly behind the plaintiff’s “Property” and shared a common rear yard fence. James Ebert of Ebert Appraisal Service Inc. noted that 20 Stone Drive sold for $1,410,000 and was approximately identical in both interior (approx. 5% less interior space) and lot size square footage to the plaintiff’s “Property”. 20 Stone Drive would be considered a superior lot to the plaintiff’s “Property” with better ocean views and a quieter street. And yet the plaintiff’s home was appraised for $690,000 more than 20 Stone Drive sold for.

  48. hahahha, doesn’t matter who is President, as the real President is the one who controls the money supply, and who does the real President really work for?? And why does the Real President still want debt?

    Watch 14 minutes into it———-


    watch 1:01 into the clip:

    Question: Is it possible for a Country to have a currency without a TRILLION DOLLAR DEBT?

    Answer by the President——-drum roll———-YES.

    So why don’t we, da USA do so???????????? Why don’t we have a currency without a national debt? WHy, why, why???????????

  49. @neidermeyer – Your blind appraiser concept is actually almost exactly what happened when I bought a few months ago. The originator referred it for appraisal and said he couldn’t have any further contact with him, nor could I. It was an incommunicado situation from referral to delivery of the final appraisal.

  50. Hey guys gotta’ give you an update on how corrupt NH Federal Court is for those of you on the East Coast:

    All of the Judges recused in my free press case of KingCast v. Senator Kelly Ayotte, NH GOP and Nashua PD rather than to cover up that which was already manifest injustice:

    They want the settle or they want the SCOTUS I don’t care either way I’m ready to go.

  51. neidermeyer

    Appraisal fraud was real. In fact, appraisers were black-listed if they did not produce high appraisals. Know of one homeowner who got his own appraisals three months after the loan was initiated. His appraisals showed the property was worth far less that the bank’s appraisal — and less than the loan itself.

    The sharp fall in property values was not a consequence of “market” (demand and supply) conditions; and not a reaction to the flow of money — there was no actual money flowing. When markets crash so rapidly it is due to “bubbles” caused by deliberate manipulation (inflation) of assets. In normal markets, there would not be such a sharp and quick fall in the value of the assets.

  52. BUt occuoy wallstreet is not all about getting wallstreet to or millionares to pay its about fighting the fraud homeowners are getting from the courts and the banks i do not understand? Geting millionares to pay more taxes is not going to fix our foreclosure & mortgage fraud thats what we are fight it is all scrooded up somewhere mind letting her know

    October 5th, 2011 | Author: Matthew D. Weidner, Esq.
    As an attorney who has been on the front lines fighting like hell for the rights of real citizens, I know just how badly individual rights and opportunities have been destroyed in this country.

    Everyone of us (99% of us) share in the fight and the movement that is Occupy Tampa and I honor the few, the proud, the committed that care enough to show up and to make their voices heard.

    Please Visit The Occupy Tampa Website

    I want to draw particular attention to the portion of the website titled, “Protesting Do’s and Dont’s” Please note that this group is being careful to exercise their rights in a manner that is respectful, appropriate and legal.

    Come join me, come do your part. Come share your experience!

    Next, mark your calendars for a truly extraordinary event….don’t miss your chance to meet the attorney who quite literally wrote the book on civil practice and procedure in Florida Courts… is an advance press release….

    For immediate release.
    The Mortgage Justice Group, an organization of citizens helping citizens in foreclosure, will host “Save Your Home,” a FREE day-long foreclosure defense workshop on Saturday, October 15. The event will be held at the Unity Church of Sarasota, 3023 Proctor Road, from 9-5. There will be a free screening of the Academy Award-winning movie, Inside Job, at 7 pm.
    Mr. Henry P. Trawick, Jr., iconic author of Trawick’s Florida Practice and Procedure, will be joined by Matt Weidner, prominent foreclosure defense attorney and Lisa Epstein, citizen advocate, in speaking about “The Foreclosure Mess” and how homeowners can defend their home. There will be numerous local attorneys on hand to answer questions about the latest news and foreclosure defense strategies, as well as proposed changes to mortgage/foreclosure laws in the 2011-2012 session of the Florida legislature.
    For additional information, please call the Mortgage Justice Group at (941) 504-4873.

  54. this a total horror against the middle class. i noticed both appraisal fraud and mortgage application fraud back in 2009 when my horror with wells fargo bank started. after i signed a forebearance and asked for applied for a hamp loan the games began. the never ending loss of evry thing i sent them. they would always lose something in transit. i finally was so upset i googled mortgage fraud, modification fraud, lost paper work. i was bombarded. the 1st woman i ever contact regarding this told me find all my mortgage paper work. she told m to go through it with afin tooth comb or i could fax it to her and she would. well i didnt have to read far. my appraisal just shook my mind. i had homes that were comparitives that had straw buying and flipped homes. normal underwriting would have not have been ok with these homes. one sold 6 months before for 230 6 months later 280? (bought to flip) anther home the appraiser spelt it out. home on market for 51 days at 225k for 245k. then 2 other camparitives were sold each on the market for less then 20 days also aT 280K. PROBLEM TODAY NO ONE HAS MONEY TO FIGHT. how do i afford t pay someone to fight this horror. and my application. the taxes and insurance i noted are on the application but could not have been used to calculate affordability. my husband was unemployed. with taxes and insurance my mortgage was 1500+/month. she made it seem like it was 1200/mo. she increased my income by 700$. i nevr filled this application out myself. i never saw what she submitted to under writing, i was an out of town buyer, i have emails proving i sent her my paycheck stubs. i feel she put me in a ststed income loan wit h out telling me. basically i got approved for my home by my credit score. when in reality i oculd not afford this home from day one. there were 2500 homes for sale in my county of florida in 2006. if my salary did not support this home by all means we would have found another home. to bad my sons would have had to share a bedroom in a 3 bedroom house (boo hoo) but i was never even given the opportunity to find a lower price house. so please do not ever say we bought homes we can not afford. i did what i was suppose to do as a customer. in 2006 no one new these pretender lenders had no skin in the game. then lets not forget since 2009 the modification fraud we have been dealing with. lost paper work moved files. it seems we should all be having a law suit against wells fargo but it will come down at the end who can afford it. the haves against the have nots once again. i workrd all my life to have thia being done to me. fairness must be an old cliche.

  55. Thinking a bit more about the appraisers the ideal solution (now in 2011) would be to have the banks go through FRE and FNM to hire (blindly) the appraiser if the bank intends to sell the loan to FRE or FNM.. no gov’t approved (and gov’t protected) appraiser ,, no sale , originator cannot sell the loan off to the GSE’s , it stays on their own books.

  56. I’m sorry Neil but Barry Fagans complaint that a high end Cali house dropped by 50% from 2007 to 2009/2011 reflects the market perfectly… The appraisal thing is a chicken and egg story ,, appraisals were high because money was flowing , money was flowing because appraisals were high … I can however get fully behind his other complaints ,, the credit app fraud and the NOD problem.

    This doesn’t mean I don’t buy your appraisal fraud theory, especially on new subdivisions with straw man sales whose only purpose was to build a base of comps to bump appraisal values over and over..

    What is curious however is that all 3 appraisals were performed by the same one man shop … I would think that a bank would have dozens of appraisers they would call upon and that getting the same one in 3 instances would be highly unlikely.

    I would be for appraisers having protection ,, perhaps being in a blind pool with “union” type protection .. where the banks have no idea who they are actually getting when they hire someone from “the pool” until they get the report and that they should have no material influence over the reports findings.

  57. Congresswoman Louise M. Slaughter Supports “#OccupyWallStreet” Movement –

    2011-10-05 16:59:25-04

    “It’s time for all Americans to pay their fair share.” WASHINGTON – Congresswoman Louise Slaughter, Ranking Member of the House Rules Committee, today released the following statement on the three-week old “Occupy Wall Street” movement that began in New York City and is rapidly spreading across the country. “For thirty years, America’s middle class has
    watched its living standard erode while the wealthiest 1% amass fortunes….


    By Julianne Pepitone @CNNMoneyTech October 6, 2011: 5:47 AM

    NEW YORK (CNNMoney) — When Occupy Wall Street began on September 17, the protest consisted of a few hundred people speaking out about corporate greed and inequality. They practiced tai chi in a park near Wall Street, painted homemade signs and discussed what their demands should be.

    Now, almost three weeks later, the once-haphazard movement is growing larger and more coordinated. Hundreds of people have been arrested. Large labor unions, including the AFL-CIO and SEIU, have joined in. When new arrivals turn out, volunteers swiftly equip them with donated sleeping bags and food. Dozens of cities nationwide have launched their own “occupy” protests in solidarity.

    Like the “Arab Spring” uprisings that inspired its tactics, Occupy Wall Street is evolving.

    From the beginning, organizers — including activist magazine Adbusters, which hatched the idea and put out a call for participants back in July — have said they hope protesters will occupy Manhattan’s Financial District for two months. On Day 1, no one knew what that would look like. Fast forward to Day 19, and Zuccotti Park is loaded with makeshift camps and organized “stations”: medical, food, legal, media, security and more.

    Food and blankets have come in from donors all over the nation, said Matt Ingram, who was volunteering at the “Comfort” station on Wednesday.


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