What Are They Looking For In The Foreclosure Reviews?

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EDITOR’S COMMENT: Not sure if this is a new voice or just someone I missed. You should follow the blog entries of this author. The author strongly advises sending a Qualified Written Request before you send your request for a review. I agree with him or her. The more information you have, the more information you have requested, the harder it will be for them to wiggle out of the corner they have painted themselves into. Those homeowners who don’t bear down on these Banks and servicers will get the same treatment they always have —short shrift.

After you contact the Independent Foreclosure Review office, and request your Review package, you will respond to the questions and compile your documents.  Consumer watchdog propublica.org  has an indepth article on the upcoming foreclosure reviews.   To begin your review process, you will receive a Notice and a Request For Review.  Based on the questions posed, we get a glimpse of what information will be reviewed to determine whether you have suffered financial injury that is entitled to remediation.

What Is Remediation?

Defined as the action of remedying something, in essence it is making up for losses, or  putting you back to the position you were in before the wrongful act.  What your remedy will be will depend on your personal circumstances.  Generally, foreclosure cases will involve one of these fact situations:

  • If your property was wrongfully foreclosed on and it was sold to a third party who now owns the property your remedy will most likely be financial compensation.  It is unlikely that you will ever recover a property that was sold to a third party.
  • If your property was wrongfully foreclosed on and it was not sold to a third party, and it is still owned by the bank or trust, you may be able to negotiate a loan modification or other restructuring to recover the property.
  • If your property was not sold at foreclosure, but you have incurred unnecessary financial loss in making efforts to keep your home, your compensation could include all sums you expended in that effort.
  • If you were given a temporary loan modification and made payments according to the agreement and were foreclosed on, your compensation could include repayment of the temporary payments that you made with the understanding that you would receive a permanent modification.
  • If your loan account includes erroneous charges and fees, you should be able to recover those improper fees.

Obtaining the form

Calling the 800 number to obtain the form proved to be as enjoyable as the loan modification process.  The first employee didn’t know much, and was just an initial screener.  Apparently if you can’t identify a loan number and servicer to determine whether you fall into the two year eligible time frame, they will not send a package.  They try to encourage you to wait until you get a letter, which they claim will be sometime before December 31, 2011.  If you insist, they take your information and represent that a package will be out in 7-10 business day.  Waiting.  In the interim, here is a brief analysis of the form obtained by www.propublica.com

Request For Foreclosure Review–13 Questions

1.  After providing identifying information, you will be asked to confirm that your property was your primary residence.  No investment properties or commercial properties will be considered regardless of how many rules were broken in the foreclosure of those properties.

2.  Were you in bankruptcy when your foreclosure went forward?  If the answer to this question is yes, clearly the servicer violated state and federal bankruptcy law, but it is not indicated how the OCC will compensate you for this.   If you were in bankruptcy, the automatic stay prohibits the servicer from selling your property while you were under the protection of the bankruptcy laws.  If your property was sold in violation of bankruptcy laws, your compensation could be based on what your would recover for a violation of a bankruptcy stay in your state.

3.  Do you believe that the mortgage balance amount at the time of the foreclosure action was more than the amount you actually owed on the mortgage?  This question is intended to determine whether your servicer made errors in calculating your loan balance, and as a result of their mistake, you could not make the payments which led to a foreclosure.  It is unlikely that this question is seeking to compensate your for small errors that did not affect your ability to pay, i.e. a $14 property preservation charge that was inappropriate.

4.  Do you believe that the foreclosure action was pursued because your mortgage payments were inaccurately processed or applied?  Many homeowners have attempted to make mortgage payments that were not properly applied, or erroneously returned.  This is going to require an analysis of your loan history.

5.  Do you believe you were protected by an insurance policy issued by the servicer or an affiliate that would have made your payments in the event of unemployment, disability or illness, but did not do so?

6.  Did you attempt through the court to have the decision to foreclose on your home reversed?  It is unclear why the OCC is asking for this information.  Hopefully it is not to penalize you or to conclude that your foreclosure was in fact proper if a court held that it was.  Many homeowners did not have the assistance of competent counsel to fight foreclosure actions.

7.  Do you believe you provided all the necessary documents required to obtain payment assistance or a mortgage modification before the foreclosure action occurred?  This question is directed to those homeowners who were in loan modification hell–provided all documentation requested by servicers repeatedly and continuously followed up with servicers by phone and by mail only to be given false information.

8.  Was a deficiency judgment obtained against you for an amount that included money that you should have not been required to pay?

9.  Do you believe you were making on time monthly payments in the required dollar amount on your mortgage, or an approved loan modification, trial modification or payment plan, and yet the foreclosure action still occurred?

10.  Do you believe you were denied a modification when you were qualified under the applicable program rules?  This question is directed to those homeowners who believe that they were qualified for the HAMP program, and were wrongfully denied.  Often, servicers incompetently entered data into the NPV calculator and this resulted in improper denials of HAMP modifications.  In regard to servicer programs, it is more difficult to determine whether homeowners were wrongfully denied since their guidelines are not as public as the HAMP guidelines.

11.  Do you believe you paid fees or charges that you should have not been required to pay in addition to your normally scheduled principal, interest, taxes, and insurance payments?

12.  Did you or a co-borrower have your mortgage loan before active duty military service began?

13.  Describe any other way in which you believe you may have been financially injured as a result of the mortgage foreclosure process.  This is the category that permits you to make arguments pertaining to losses that are not included in questions 1-12.  This question needs to be throughly researched and documented.

BUYERS BEWARE

The information regarding the Foreclosure Review process has only been in the blogosphere for 3 days, and the scammer and lawyer wannabe websites are proliferating.  Everyone has an opinion, even if it is uninformed and misleading.  The non attorney bloggers typically vehemently disclose that they are not lawyers and proceed to interpret the law and  give legal advice either online or on the phone while denying that they are giving legal advice.  Don’t take legal advice from anyone who isn’t a lawyer that you have checked out on the state bar website.

In regard to the products being offered to help you with the foreclosure process, my suggestion is that you don’t buy anything from anyone selling unless is is a lawyer you are hiring to prepare your package for you.  Many are trying to sell reports–these reports alone are not helpful to your case.  Many individuals purchased forensic audits, securitzation audits, pre-prepared complaints, and expected that sending these reports to the servicer would shock and awe them into doing the right thing.  Unfortunately, the AG and the FTC have opined that forensic audits are scams.  I have had many clients contact me with reports that they have spend thousands of dollars on that are useless.  If I order these reports in conjunction with my handling of a client’s case, I order the review from authorities that I trust to give me the information we need.

72 Responses

  1. Where do i start my loan started out with countrywide Home Loans. Me and my wife was told our scrores were to low for 30 year fix so we took adjustable loan at the time so we did our credit scores mid-6s. Now i know why banks make more money that why because of the interst. Plus we put down 18,000 us dallors and the property was not worth the amount of the loan then the market fail and our loan was sold to bank of america the company i was working for shut down and layed everyone off. So we fail being bank of america didn’t give me a modifiation so we hire a lawyer thats when we received our papers. But our home was in Foreclosure so we had to file bankrupty to stop the sale our home. After this bank of america told us that program is cancel 4,500 lawyer fees for modification. So after that they wouldn’t take any payments and started with another Foreclosure and told us to leave our home we left for two years know one call us and said obama stop all Foreclosure. So i get a call from the bank and they told me if u move back end your home we can do a modification but when i sent the paperwork in you don’t make enough. So we hire another lawyer this one 5,500 and couldn’t get our payment down started Foreclosure paperwork again but this the Georgia Gov. Stop Foreclosures still did take payments. Now we have a bankruptcy but guess what now bank of america hires Select Portfolio Servicing inc we can do your modification now. I am diviorced now and its just me so scum buckets who cares my family is gone. Now what i want to know is how much is my check going to be not know 2000.00 dallors all my retirement money went into this house. I ain’t sign nothing 125,000. Can somebody say get lawyered up if your story is like ours/me!!!!! Get these scum buckets obama and know one has went to jail i smell a rat!!!!!

  2. anyone fill this thing out yet?

  3. My foreclosure case is in appellate court due to judge’s errors and an obvious miscarriage of justice. I received this Independent Foreclosure Review form this week. I see absolutely no need to
    fill it out, since my case is in active litigation. Is there is a consequence to the fighting homeowners, if the Review is not returned before April 30, 2012? Please verify. Thanks. (Seems like a new scam to me, in order to redirect strong cases.)

  4. Enraged,

    Oh no — (morse code) ……— we did not make mistakes — we were scammed.

    The law is the law, you say??? What law is being applied anywhere???

    The law is being applied based upon bogus documents – from beginning to end. Law has not yet considered those bogus documents. And, the bogus documents go way back. Law will eventually be confronted with these bogus documents. Matter of time.

    Pounding the post for who?? Wholeheartedly agree with pounding post, but the only real avenue to pursue the fraud is the court. And, the courts are way behind. We are getting there, and pounding helps, but, only the courts (and government) can actually decide the fate. Protests only push them to be alert. To date, protests have been far too generic — not focusing on foreclosure and mortgage origination fraud.

    Once the protests start a real focus, maybe we will get some attention. To date, though grateful, I have not seen it. .

  5. What the hell is wrong with you people?

    None of us is a “victim”. We made mistakes, we trusted the wrong guys, we fell into bad situations but our actions do not define who we are!!!

    We are fighters and survivers. We demand the truth and we demand sanctions. We all lived by the law, were punished by the law when we screwed up and we want that same law applied all across the board, retroactively if necessary.

    There are no “victims” here. The law is the law. Either it was applied right and we agree with the result or it wasn’t and we FIGHT!!!

    Get off the pot and start pounding the pavement. All that yacking is completely useless and a waste of time.

  6. dan-o,

    You were just another victim.

    Have full confidence all will be divulged in near future. Problem, however, is no money to provide restitution to the victims. Security investors have been hogging settlements. Why??? They have more powerful law firms behind them.

    And, just what are security investors suing for??? Suing because they could no longer earn 14% on their security investments. And, why couldn’t they earn the 14% or more on their security investments???? Because the loans were fraudulent to begin with — due to INVESTOR fraud.

    The audacity. Who would EVER expect the middle/lower class majority of America to support 14% or more interest — to OTHERS — to security investors???? Did the security investors not utilize any due diligence???? No — they did not — greed overcame. NO ONE is working to support 14% investments to OTHERS. And — security investments collapsed — because they — who demanded the high interest rates — did not read the prospectus. And, we are to blame for this??? Absolutely not —- INVESTORS are to blame — trapped borrowers in bogus “contracts” — to pay the high rate — or they take your home. Does not matter that home value collapsed — PAY— PAY. Sounds like extortion to me. But, of course, who are you even supposed to pay??? Wrong party — you owe forever — you are forever FINISHED.

    Extorting America. All America had left — was extorting the equity in middle/lower class home ownership.

    Wealthy do not become wealthy by luck — become wealthy by tapping the wealth of the public– who fuels their profits. OK — but NOT by fraud.

    Have to be heard — or will forever remain — buried — finished — done — never to recover.

  7. @consentorderwatch

    Even though Bevilacqua was decided in Massaschusetts

    Nemo Dat (you can’t give away something you don’t own)

    means the same in all the states, that was my point.

    Whether a Judge goes with MERS for or against, for or against robo signing when it comes to nemo dat- the meaning can’t change. No?

  8. @trespass unwanted, first things first. it wasnt the AG who refused my complaint, it was the district attorney, crying that they didnt have the knowledge, expertise or resources to pursue. this is a fraud/forgery case, with a mountain of evidence it happened, yet i was denied my day in court. somehow the DA prosecutes individuals on a regular basis for these crimes, but when it comes to the banks not only defrauding me, but the land records and the land courts of the commonwealth of massachusetts, they dont want to hear it oor be bothered. apparently a lot of people still believe the banks act honestly.

    second, i signed the mod in a rush, was told i had to sign to get it done and back to them in 48 hours, and was doing so to save my family home thinking i was dealing with scrupulous individuals. i was unaware of the fraud and crimes of the banks at the time. they never told me the mod would replace the note. they told me it modified the terms of the original mortgage, and i had to sign because my income was used in determining her eligibility. that is fraud. that is unlawful concealment. that is putting forth false info, knowing i would rely on it to sign. that nullifies the contract. in massachusetts law says obtaining a persons signature under false pretenses is considered forgery. its the same as signing someone elses signature on the document. they might as well have signed it for me themselves. it is not my fault they lied and stated they were the lender and holder of the mortgage when they knew they were not, and i had n way of knowing at that time because of the shroud of secrecy with MERS. i didnt know what was going on until i hired a title examiner who told me the truth, long after the mod. not only did they forge my name and commit fraud, but they also clouded my title by making claims which were untrue, and recording them in the land records. the banks have more responsibility here than i do. they knew they were lying and knew what they were doing. this wasnt an error or typo. it was carefully crafted with screwing me in the end as the desired result.

    thirdly, just because i was stupid and signed without reading it thoroughly, does not give them the right to go back and alter legal documents by forging my name on them (the mortgage and note). i was stupid, i should have read it carefully,however i was given little time to review it (less than a day), i was more concerned with saving our family home, and the new reduced payment stuck out more than anything… is was under half the original payment. they baited us and we took it hook line and sinker. no matter what i did wrong with the mod, they set the wheels in motion.

    things didnt add up after we began to look at everything after the mod. the story they told us began to unravel, so we did our homework, searched the net and found info like on this site that began to paint a clear picture of what happened to us and the mortgage.

    so i guess my question here is who is more gulity? my wife and i for not reading the mod and having no clue the banks could no longer be trusted as far as you could toss them, or the banks who knew what they were doing and knew that it was wrong, knew they were committing crimes and did so not just to us but millions of other unwitting homeowners? when we signed, we still had that belief in the back of our head that the banks could be trusted, they were regulated by the government and would never do anything illegal. thats why we signed, in good faith, trusting someone we didnt know we couldnt trust.

    its a common story my friend.

  9. Please add me to your daily postings.

  10. Please add me to your daily postings

  11. Please add me to your daily postings

  12. “It’s Time to GET MONEY OUT of politics:

    Bailouts. War. Unemployment. Our government is bought, and we’re angry. Now, we’re turning our anger into positive action. By signing this petition, you are joining our campaign to get money out of politics. Our politicians won’t do this. But we will. We will become an unrelenting, massive organized wave advocating a Constitutional amendment to get money out of politics….”

    http://www.getmoneyout.com

  13. @Guest

    you said———

    Criminals don’t investigate themselves

    ——————————–

    That is one one of the most profound statements ever—–

    —————————-

    And thus our Congress in the USA of America——-

    getmoneyout of politics…………….

  14. Criminals don’t investigate themselves, these scams is to delay their long overdue Gaddafi-Cation:http://www.youtube.com/watch?v=EEmt5Uo_MFM&feature=related

  15. @cubed2k

    Better yet a kiss on your tuchus for your good work

  16. agreed marilyn—————

    it just needs to be communicated enough times for people to understand…………..

    And I will keep posting as so shall you……………….

    where’s tnharry lately………………..bank hack

    and pat…………..well pat, pat my behind for exposing some truths——————

  17. @cubed2K

    I agree sound banking is useful, but this isn’t it.

    Banking the way it is run today only unjustly enriches the Banks.

    There is no law that allows Banks, State or National to create money nor has Congress every given them the right.

    Congress has the right to create money (our government) but not the banks and as you said if they would repeal the Federal Reserve Act of 1913 our Country could once again be stablized

    Congress has the right to create money but where is it that Congress had that right to give it away ?Who knew this in 1913 but look how badly it turned out.

  18. President of USA—————yah right——————the only president is the people that create the money…………………

    any company, any business————those that have the say on how the money is spent have the control of the company……………money is the energy……………and the decision matter

  19. What about this fact situation? Non-judicial state, trustee sent NOD and Notice of Trustee Sale, but these two documents did not include the vital information needed to foreclose as rquired by the laws for my state. We made our payments to our servicer WFHM, but WF Bank, NA foreclosed, while we were in BK we were getting phone calls from American Servicing Co. Had no idea who they were or why ASC was calling us. Found out much later that ASC was associated with WF.

  20. I will tell why no glass-stegall put back in, because if it were to be done, every big global bank would be bankrupt, game over for profits for the 1%…………………thus no principle reduction……………only restructure somehow…………some why………….some double speak of terms———–forked tongue white man……………..

  21. that is why glass stegall was repealed. It created the money supply link to wall st. Why has it not been put back in? Congress Act? Who’s in Congress since repealed? Both parties have taken over? Yet never a mention of putting it back in?

    Yet everything was fine before it was repealed.

  22. @marilyn,

    I know, It is a ponzi. But sound banking is useful. If it is the government doing so with uncorrupted representatives of the people, not special interests . Sound or actual banking can increase production of actual products that have exchange value. Value would mean usefulness.

    The value of securities traded on wall st are based on numbers and statistics of defaults. Does one get that ———–value based on defaults. If only 1% default, game on, we can trade, no or little risk or some risk based on numbers. If 99% default, no game. And inbetween is the game. Like pay day loans – loans are 50, 100% but if you pay back right soon, no real big loss on your part.

  23. @ cubed2kThe abominable banking system that is in place today, gives a bank great incentive to foreclose on an Ultra Vires contract, as the bank demands lawful money returned for the unlawful money lent.

    By what Authority are the Banks doing this? There is no authority for doing this. This is in complete prohibition to Art 1 Para 10 Cl1 of our US Constitution.

    All of our cases with slightly different facts all stem from the same Fraud.
    The Bank did not lend you ‘LAWFUL MONEY” but the Bank intentionally wrote
    a “bad check” and gave it to you –to circulate as “money”

    I certainly did not know this kind of fraud was going on when I signed my mortgage and note. Did you?

    The Mortgagor puts up a down payment, the Mortgagor pays a lot of fees and probably paid an attorney to represent them, all in order to get this “bad check”

    Would a Mortgagor have put in all that money, if one knew the truth of how the Banks ran their illegal business. I bet not.

    Did anyone notify you after that big day – the Bank’s check bounced – of course not. When the check that the Bank wrote came back to the Bank that wrote it, the bank didn’t say “we only have 5% , if that much and it was not stamped “insufficient funds” the bank stamped it “paid”

    So since the Bank did not have the money sitting in the bank’s account when they wrote the check, what the bank gave you is their credit.

    That is exactly what is prohibited by Art. 1 Para 10 Cl 1 of the US Constitution.

    What authority gives the Bank the right to make contracts with “bad checks”

    Nothing- Nada.

    “Lawful money” is needed to make a contract valid.

    Over and Over Mortgagors gave a Bank a mortgage on their castle , in return for a Bank giving you a credit entry on their books and charging you Interest on this credit. Also illegal.

    Did the Bank give you lawful money or is that what you got, credit?

    Banks are not allowed to lend their credit- Banks are in the business to lend
    “lawful money” There is not a Bank charter that allows a Bank to lend their credit.

    And as we continued to make monthly payments the Bank collected more money on their fraud.

    You try writing a check when you don’t have funds sitting in your account to cover it.
    You can be sure that check is coming back marked”insufficient funds” You are not allowed to do it and either is a Bank.

    This scam of Ultra Vire contracts caused injury to us, the true homeowners.

    In addition the banks are laundering “bad checks”.

    The Banks violate Truth in Lending Laws.

    The Banks are collecting Interest on money that doesn’t exist. (Lending you 5% and collecting Interest on 95% of thin air)

    And once the Bank gets their Ultra Vire contract going, they start flipping them to MERS, Securitizations , Wall Street, Title Companies etc. there is no shortage of people all wanting to get their piece of the illegal profits.

  24. While it’s true————–follow the money trial———–

    Consider this as well————who creates the money from the beginning. Where did the money come from? Or was it based on an IOU?

    And if it is money

    was it actual money, or currency – that would be dollar bills.

    or was it credit? An IOU.

    Big difference.

  25. This statement from the book by Griffin:

    If the idea of eliminating the IRS sounds like good news, remember that the inflation that results from monetizing the debt is just as much a tax as any other; but, because it is hidden and so few Americans understand how it works, it is more politically popular than a tax that is out in the open.

    ————————–

    So I ask this of you to think about———-every year we talk about changing the tax code, now CAIN wants to in his 999 plan. But, taxes are pretty low right now,,,,,,,,,,,,,,yet where are the jobs if the rich provide jobs…………..?

    Even if taxes were to reduce to zero,,,,,,,,,,,,,,would jobs be created?

    No, because the Federal Reserve System of banks create money and increase the money supply just like monopoloy game and inflation which is a hidden tax,,,,,,,,,,,,,the real tax…………..

    If we can get Congress to take over the Federal Reserve System of banks, then problem solved……………..

    We need more Senator Kirk’s

  26. Why on Earth does any government anywhere need to borrow money,,,,,,,,,,,,because they have all been duped into the central banks…………..but they haven’t been duped, the leaders are all in on it……………..so as to simply control the people………………MF’s. It ain’t gonna happen. But we to get educated on the central banks.

  27. This whole housing mess can be solved quite easily if the government took back the money and a simple congressional act would end the Federal Reserve System of Banks and put it into the Government, and then Congress could issue the money to the people or forgive the debt……………..or reduce principle or whatever,,,,,,,,,,,,,,,,,

    we just need Congress people in there who understand……………your Dems and Repub’s are all paid hacks…………….

  28. I’ll say it again—————-

    If the government can issue the money,,,,,,,,,,,,why on earth would it need to get some back in taxes? WTF.

    Why? To control the people. Are we really a government controlled by the people. The real president is the Chairman of the Federal Reserve System of banks…………..

    Here are his own words…………..

    http://www.youtube.com/watch?v=IdoaqiH6GK8

    and here is the beginning of the questions:

  29. and on page 204——–

    A Tool For Social Planning.

    The January Issue of American Affairs carried an article written by Beardsley Rumi who, at that time, was Chairman of the Federal Reserve Bank of New Yook. Rumi had devised the system of automatic withholding during WW2, so he was well qualified to speak on the nature and purpose of the federal income tax. His theme was spelled out in title of his article: “Taxes for Revenue Are Obsolete”

    In the introduction to the article, the magazine’s editor summarized views as follows:

    His thesis is that, given control of a central banking system and an inconvertible currency (a currency not backed by gold), a sovereign national government is finally free of money woories and needs no longer levy taxes for purposes of providing itself with revenue. All taxation, therefore, should be regarded from the point of view of social and economic consequences.

  30. OWL——

    this is from The Creature from Jekyll Island by G Edward Griffin, A second look at the Fed Reserve, 23rd printing, 2009. You might be able to get at your library.

    pg 203- Taxes Not even Necessary.

    It is a sobering thought that the Federal Government now could operate-even at its current level of speanding-without levying any taxes whatsoever. All it has to do is create the required money through the Federal Reserve System by monetizing its own bonds. In fact, most of the money it now spends is obtained that way.

    If the idea of eliminating the IRS sounds like good news, remember that the inflation that results from monetizing the debt is just as much a tax as any other; but, because it is hidden and so few Americans understand how it works, it is more politically popular than a tax that is out in the open.

    Inflation can be likened to a game of monopoly in which the game’s banker has no limit to the amount of money he can distribute. With each throw of the dice he reaches under the table and brings up another stack of those paper tokens which all the players must use as money. If the banker is also one of the players-and in our real world that is exactly the case-obviously he is going to end up owning all the property. But, in the meantime, the increasing flood of money swirls out from the banker and engulfs the players. As the quantity of money becomes greater, the relative worth pf each token becomes less, and the prices bid for the properties goes up. The game is called Monopoly for a reason. In the end, one person holds all the property and everyone else is bankrupt. But what does it matter. It’s only a game.

    Unfortunately, it is not a game in the real world. It is our livelihood, our food, our shelter. It does make a difference if there is only one winner, and it makes a big difference if that winner obtained this monopoly simply by manufacturing everyone’s money.

  31. Leah Dean,

    Yes — banks and their proprietary distressed debt buyer investors — that they (the banks — who are also debt buyers) invest in. Proprietary trading.

    Volcker Rule — some Senator out west trying to push it through —- he will get no where — without additional support.

  32. @Leah Dean,

    in Calif if you get foreclosed on, usually a Realtor willshow up and ask you to leave and offer money for moving expenses, so you have some time. Also, if you don’t leave, then they, whoever they would be have to file a unlawful detainer and that takes time. Do not give up the pets and you will find a place, people out there do understand. Get a plan B going just in case.

  33. ALL must be investigated by those in authority — if not — NOTHING will ever be disclosed. For now — Mr. Obama is in control.

  34. I received my Foreclosure review letter today. Trust me, I am filling it out. Bank of America, Recontrust and Bank of New York are playing a game. You see, Bank of America had Recontrust start forelcosure proceedings on my property. My home will be auctioned off on December 6 2011 at 10:00 A.M. on the Courthouse Steps at the Harris County Court House. I sent out certified letters to the OCC, Bank of America, Bank of New York, Texas Attorney General, and Recontrust with copies of my PSA, highlights of my loan number in the CWABS 2007-2 investor pool under 8-K, and the Form 15(d) where Bank of New York and it’s investors no longer have to report to the SEC because there are very few investors left in the pool. I did this last Thursday. Well here is the little game being played, Recontrust yesterday 11/09/2011 sends a certified letter telling me of my foreclosure and auction date. I did not get my certified return receipt request back from them stating that they got my letter with copies of my loan being in the pool under Bank of New York CWABS 2007.
    I have not received anything bank from Bank of New York from my Certified Letter Return Receipt Requested, I haven’t received any response from the Texas Attorney General (go figure) I think he banks with Bank of America :-), but I got a Letter from Bank of America with a whole new story about wanting to work with me and have sent my account to their Foreclosure Review Committee for review. This does not necessarily mean you will be foreclosed on (what????) the Foreclosure is already set. Recontrust served me the papers yesterday Certifed Letter return receipt requested. Folks, this is not a game this is real life. This is banks seeing how far they can go to take your home from you when they know they do not own it. You bet your sweet bippy I am filling out my Foreclosure Review From with the OCC and you bet by the end of this week, they will all of copies of these different letters and see what Bank of America does to homeowners. Yes it is crystal clear to me that this is a real game to see who they can bully and who will give up and say take my home I am tired of fighting. Trust me, I was there last night. I thought I was going to have a nervous breakdown. Me and my kids have know where to go and were wondering how in the world we would come up with money to move, find places for our pets, or find ourselves out on the street on December 6, 2011. Now, I am so mad, I am angry and can not believe the games that are being played. OCC, Obama, Attorney General’s of all 50 states, you need to take this seriously and you need to investigate these banks and quit making excuses for them. This is outright stealing and criminal activity. And guess what?
    nobody has still produced the “blue ink” copy of the promissory note with assignments that “The Bank of New York” owns the note.

  35. Corker Introduces Bill to Responsibly Unwind Fannie and Freddie, End Dependence on Government for Housing Finance

    The legislation contains the following elements:

    Wind Down of Fannie Mae and Freddie Mac: Reduces each year the percentage of newly issued mortgage-backed securities’ (MBS) principal that is guaranteed by Fannie Mae and Freddie Mac. The percentage guaranteed must be reduced to zero within 10 years, at which point MBS will be wholly privatized.

    Mortgage Market Transparency: Creates an industry-financed database that makes uniform performance and origination data on mortgages available to the public through the Federal Housing Finance Agency.

    Creation of a new TBA Market: Initiates a process for creating deliverability rules and technology necessary for the “to-be-announced” (TBA) futures market with no government guarantee.

    Monetization of Business Assets: Directs the sale of any technology, home price indices, and systems currently owned by the GSEs to private investors.

    Uniform Underwriting Standards: Replaces the Qualified Residential Mortgage and risk retention with a 5 percent minimum down payment and full documentation requirement.

    Residential Mortgage Market Uniformity: Creates a uniform pooling and servicing agreement (PSA) and a new electronic registration system (MERS 2) where all loans are transferred under one system regulated by the FHFA and instructs federal regulators to develop uniform practices and streamline mortgage regulations.

    http://corker.senate.gov/public/index.cfm?p=News&ContentRecord_id=ae9ae669-7888-4327-9e4a-ffe73bf66421

  36. Thank you Neil for the mention. I have been practicing for 29 years in California, and am offering advice to individuals presenting a claim pursuant to the OCC Foreclosure Review.

    Marilyn: Yes, I have heard of nemo dat, and Massachusetts, however, that is not the law in California, so that is not the way cases are decided here. The good news is, homeowners can present a claim to the OCC, give it their best shot, and if they don’t like the results, they can pursue legal remedies in their own state.

    Trespass Unwanted: If the advice is not helpful to you, no worries. I would say though that I am not that optimistic that the AG settlement is going to be that helpful as they will settle claims that they have not investigated.
    http://www.creditslips.org/creditslips/2011/11/the-multistate-foreclosure-settlement.html

    My advice to everyone is, make your claim under the OCC program. You give up no rights by doing so.

    Barbara J Gilbert, Esq
    5405 Alton Parkway #702
    Irvine, Ca 92604
    http://www.consentorderwatch.wordpress.com

  37. Enraged

    The B’s are unraveling — have to stay tough.

    Check out who is handling the “reviews.”

    carie — no — Deutsche — if ANYTHING is a “trustee” to the trust — by which derivative contracts have removed removed collection rights. Deutsche is NOTHING — certainly NOT the creditor. And, derivative contract holders are NOT part of the so-called securities trust — derivatives are a contract — not a security.

    The A Man — foreclosure activity NOT picking up — way behind — in certain states. To those states that it is picking up —- get to your AG. Till they cannot stand hearing from you anymore.

  38. What Are They Looking For In The Foreclosure Reviews?

    How to screw us again. and again and again.

    NEVER AGAIN

  39. @Carie,

    They’re forcing everyone into court. It’s not a question of “if” but rather of “when”. The bastards are going to get meaner before it gets better. I predicted something like that when things started to unravel. They won’t let go without a fight and now is the time to stand really, really strong: the real fight is only starting.

  40. how can you trust someone who tried to set fire to you in your bed while you were sleeping??
    They were caught with the gas can & the match lit ..
    “oh nothing” I was just cleaning up a little , go back to sleep .
    There is nothing at this point that can be relied on EXCEPT everything from here on out will be a fukin LIE!
    angry ?yes… finished?…NOT A CHANCE!

  41. ah…yea…think about this…
    the credit agencies are reviewing these ” fraudclosures” .
    what will be disclosed? .. nothing of substance.
    what should be disclosed ??
    1- if the chamber is clear to load a live round into,
    2- if the path is clear to the hole the lie is emanating from so it can be filled with the barrel.

    PULL!!!!!

  42. Robbie Weaver at Aztec Foreclosure Mill actually said to me in an email: “Deutsche bank is the investor–creditor, if you will—of your loan…”

    Notice the “if you will” comment—what the hell is that??? Her way of being slimy???

  43. Gary H.

    Still waiting for your info: cariemac9@gmail.com

    Aztec (mill), and Indymac (servicer), are playing games with me…insisting that Deutsche is investor—which to them means real creditor—I know this is a lie—how do I nail them???

    They are forcing me into court…

  44. The Board of Governors of the Federal Reserve System and the Office of the Comptroller of the Currency (federal bank regulators) have required an Independent Foreclosure Review by an independent consultant to identify eligible customers who may have been financially injured due to errors, misrepresentations or other deficiencies in their foreclosure process. If the review finds that financial injury occurred, the customer may receive compensation or other remedy.

    I re-read the Independent Foreclosure Review.com site again.

    Opinion:
    Board of Governors of the FRS and OCC (fed bank regulators) are behind this and they say ‘who may have been financially injured’ ‘may receive compensation or other remedy’. That’s a far cry from, what I thought was guaranteed compensation with no minimum or maximum.

    The more I look at it the more I see a wolf in sheep’s clothing.

    My property will have more value than the compensation by the time they get around to being honorable. I can see it now. They tell everyone there is still an obligation, they found the true creditor because they purchased all the assets out there and so they have identified the chain of title, now here’s a nice mod and how much did it cost you to more out?

    LOL
    Light and Love,
    Trespass Unwanted, life, corporeal, State, free, allodial, jure divino, in jure proprio

  45. @consentorderwatch

    Have you ever heard of the state of Massachusetts
    and the words NEMO DAT?

  46. So what I want to know is this? They are supposed to be sending letters to everyone “they” believe is eligible. Where are they going to find them now that they have been kicked out of their houses? What if their new mailing address is a homeless shelter or a motel?
    Also, are they going to be compensating everyone for totally screwing up their credit for the last two years? Are they going to be compensating them for all the pain and suffering? There is no compensation that is justified except to give us our houses back free and clear!!!

  47. Just my opinion…this is a gift horse.

    How can anyone say that if a home is foreclosed by one without standing that it is unlikely they can get it back.

    In all actuality, there is information on the net on how to get it back. And the one who bought it without clear title does not have clear title. Duh!

    I’m not interested in a buyout. They made so much money off the theft and expect me to just let them issue me a fraction of what they stole so I can feel like someone settled the complaint.

    Does money absolve people of criminal activity? Don’t answer that. Looking at how the AGs and SEC handle things. The answer is a ‘yes’.

    No one is going to tell me I can’t or it’s unlikely I’ll get my home back if it’s sold to a third party.

    You cannot convey what you do not own. If that’s not a maxim, it should be.

    From what I can see, this review process is not for the benefit of the homeowner.

    If there is a review board looking at the foreclosures, they have the evidence right there. Was the servicer the proper party to foreclose on the home? No? Well then it’s a theft…pay somebody.

    In judicial states there are court records with paperwork that would help them decide whether it was an invalid foreclosure.

    In non-judicial states, there is the county recorder’s office showing who had the loan, who called the sale at the courthouse, who evicted whom.

    They go the evidence. My shock is the statement on whether you asked for a reversal of the foreclosure; and the protection while in bankruptcy. So let me get this straight, after bankruptcy can the come to get the home? Is bankruptcy a delay and not an end?

    To me, OCC is a third party negotiator. I think I’ll stick with the AG and the theft on record. There is no way they can say, because I didn’t participate in the review, I agreed to be robbed of my home.

    That bank knows what it did, the law firm knows what it did. I gave enough energy to this mess. Let them go back through their business and books and find out what they’ve done.

    I remember it being said, they cannot clear the titles until they get a signature from all the homeowners that was robbed.

    This is one signature that is of value that I won’t throw around so easily.

    This is a gift horse.

    Light and Love
    Trespass Unwanted, life, corporeal, state, in jure proprio, jure divino.

  48. Thank you Enraged for your post about the Mustangs.
    It will help me to picture what we/I must be like in this battle.
    I will sleep better tonight.

  49. @carie
    I responded to you in the other blog where you asked what to expect in a non-judicial state. I hope you saw that before these postings covered it.

  50. Bill Black’s Address To #OccupyLA

    http://neweconomicperspectives.blogspot.com/

  51. I just called the 1-888-952-9105 Independant Review (OCC) number.
    They will ask you information (use the option 3 to talk to somebody) and check in their database to see if you are eligible to receive the letter which they mail before end of 2011.

    I asked the agent who I was dealing with who he worked for. He said Rust Consulting in Minnesota. He said they were a neutral 3rd party.

    Here is link to Rust Consulting.
    http://www.rustconsulting.com/About_Rust/History.aspx

    and after my initial phone screen my call was routed to specifically my servicer agent.

    so anybody who wants the review needs to call the above 888 number to get the eligitbilty letter first.

  52. Can someone email or fax me a copy of the Foreclosure Review Docs they received in the mail (just make a copy, white out your info, scan and email or fax it.

    I will be extremely appreciative.

    Jimmy Rivera
    email4jimmy@earthlink.net
    Fax 626 628-3425

  53. I spoke to the company that (they said) would be doing the Independent Foreclosure Reviews, and they transferred me to:

    Rust Consulting, Inc.
    625 Marquette Avenue, Suite 880
    Minneapolis, MN 55402
    Rust Consulting, Inc.

    T: 612.359.2000
    F: 612.359.2050

    info@rustconsulting.com
    http://www.rustconsulting.com

    Local Office:
    Rust Consulting, Inc.
    777 S Figueroa Street, Suite 4600
    Los Angeles, CA 90017

    And it appears to me to be as much, if not more of, a sham, as the Loan Modification Fiasco. The “Customer Representatives” I spoke to were reading from a scrip, which basically said the same thing that is on the Independent Review website, (http://independentforeclosurereview.com), and in answer to mi questions, both of the one’s I spoke to would just reread the scrip, or put me on hold for a while and then come back and read me part of the same scrip; over and over. I might as well have been taking to a recording. In my (well informed) opinion, this is the same scam as the loan modifications, with a lot less window dressing.
    Something that is missing is the rule the any foreclosure action will be halted while the review is being performed. I think a truly Independent Foreclosure Review Company, NOT fund by the Banks and or Services is the only way to get a honest review.

  54. Neil–you said:

    “Those homeowners who don’t bear down on these Banks and servicers will get the same treatment they always have —short shrift.”

    What are we to do if we “bear down” and we are IGNORED???

    Is email admissible in court? ‘Cause I’ve got a LOT.

  55. Oh, and by the way–I got one of those “foreclosure reviews” in the mail—TOTAL BS.

    MORE BS—I can’t see at all now.

  56. Once again—servicer is ignoring my requests for PROOF OF REAL CREDITOR—with ledger and balance sheet—and foreclosure mill says “we are doing everything legally—if you have a problem you need to take it up with your servicer”—servicer’s only response: “I am in the process of getting that information and when I do I will be sending you a formal response.”

    IT’S BEEN DAYS. HOW LONG DOES IT TAKE TO ANSWER THE QUESTION: WHO IS REAL CREDITOR???

    I am surrounded by bullshit so thick I can barely see.

    I want these people to BURN.

    THEY NEED TO PAY FOR THEIR CRIMES.

  57. businessweek.com/news/2011-11-09/regulators-begin-offering-foreclosure-reviews-to-borrowers.html
    Appears to be a decent article and mentions a link:
    Borrowers also can request a review at independentforeclosurereview.com

    A statement I particularly liked even though I haven’t seen the form is:
    Eligible customers will be mailed a letter by December 31, 2011 that explains the Independent Foreclosure Review process and a Request for Review Form that identifies some examples of situations that may have led to financial injury. The form must be completed and postmarked not later than April 30, 2012.

    I repeat the part I like it said ‘identifies some examples’..so it was not all inclusive.

    I like this article because I do know more must accompany that form and more protections must be made by the one signing these documents, even if you must tell them that you will not give up all rights and immunities while trying to be made whole from the theft of your property. (I won’t speak legal language because I’m not an attorney and don’t want to be one).

    @dan-o

    I won’t poke you too hard, but realize that you’re a grown-up playing in a grown-up world and being treated like a child because…

    Okay here’s the point. You have said things in your post that makes total sense to me. You have stated your wife was on the ‘mortgage’ but they asked you to sign on the ‘modification’.

    You say that…go look. Do you realize that they are two different agreements. And I’ll try to be gentle. Your signature is the most powerful and valuable thing you own. Don’t believe me, look at some Disney/Pixar/etc..movies, such as The Little Mermaid, Shrek Forever After, Spirited Away.

    mortgage — modification — mortgage —- modification —

    Grown-ups should sign documents they have read because they are responsible for everything they sign. Even when you enroll a child in school, you are responsible for what you agree to.

    When the school wants to discipline or expel your child, believe me there is probably a contract signed by you and your child allowing them to do so. Usually that’s the Student Code of Conduct Handbook. It says how they will dress and how they can groom themselves while attending public school.

    You sign, you agree. No one signs anything they don’t agree to, otherwise they’d sign it ‘under duress’ or ‘under coercion’. Minus that force, the contract is seen as a meeting of the minds.
    It has an offer, acceptance, and consideration.
    It has one signature…yours (or if you partner with someone in the agreement, theirs too).

    If you didn’t want to be a party to the modification you had to say NO…you had to……….and make your wife get the modification on her own, since she got the mortgage on her own.

    If you put both incomes on the mod for them to show favor of her getting a mod, then both incomes were probably considered (why not, it meant more money) for the mod.

    You say you contacted the OCC…you say they told you, you are not on the ‘mortgage’.

    People in this business know how to use words.

    We ignore what people tell us all the time.
    We don’t listen.

    Dan-o, you are not on the ‘mortgage’, you said so yourself; you are on the ‘modification’.

    Yes, the modification is trying to foreclose on you..it’s a new contract…the mortgage is what the OCC would want to determine the grievance. When you replace a contract with a new contract, you may not be aggrieved. They may look at the mortgage and say, well, yes I see they were going to foreclose, but when you signed the modification they settled the mortgage so this solution is not for you…you were not in foreclosure because you modified your loan out of foreclosure, nor were you foreclosed upon in 2009 or 2010.

    When you get to pierce the veil, then you can first ‘see how you helped create the problem’ and then ‘figure out how you can fix it.’.

    The hardest thing for me to do was look at my role in this mess. It never occurred to me that a Deed of ‘Trust’ was untrustworthy. I assumed without knowledge that it was a good document for my benefit. I found out it was for the benefit of the beneficiary and that wasn’t me. I was a Grantor but it was not identified on the document, only in the recording of the document, so I had no powers as Grantor in the document I helped create. I could have made myself a co-trustee, but I didn’t know that either. I was reduced to a corporate entity called ‘a single person’, and threw my signature (well initials) all over it. It was my first and only home and I didn’t read what I signed.

    But I did listen to what people said, and I found out that a lot of the deception is what is not said. In your case, they are telling you what they ‘know’ about the situation. With a clear head, you can move in the right direction. Your wife is a big girl, she had the first mortgage, let her call them and handle her business. She should never make a deal over the phone, everything must be in writing, she should read everything; get a legal dictionary and know what they are telling her. Our public education was given by them to us for ‘free’. What’s that saying, beware of Greeks bearing gifts or never look a gift horse in the mouth, or free things aren’t free.

    That free education was a waste of time. From a cosmic perspective, we know everything, we just need to remember it, and where we are, it’s a school for Creators. We are learning the consequences of what we help create. We will be great Gods of the heavens and the earth through this learning process. We created this mess, and we are fixing it.

    Something you said concerns me, it was this comment
    ” i became a smart ass at this point and said to my DA “well, if i forged documents to get money from this bank, and they came to you with it, id be in jail wouldnt i? youd know how to prosecute me and have the resources to do it wouldnt you?”… what i got is a raised eyebrow and a “good day”.”

    To the AG’s office you are a person, they don’t represent persons or individuals. You say something rude to them it won’t make him turn around and say alright, I’ll represent you. No one wants a bad customer or to start off a bad relationship. I hope you were able to have a good day after hearing such news that they could not help you.

    We are at a time where we have to know who did what to whom and make changes in ourselves first to make changes with the system. It always starts with us.

    Imagine all the people that bankrupted themselves and don’t have two nickels to rub together to pay taxes, or HOA dues and still have people trying to take their home.

    How will we learn from this?
    The meek shall inherit the earth.

    Light and Love
    Trespass Unwanted, life, corporeal, free, State, in jure proprio (in one’s own right), jure divino (by divine right)

  58. Cubed, that Max Keiser piece is like porn for me. I never thought I’d get aroused on a legal blog. Thanks!

  59. http://www.businessweek.com/news/2011-11-09/regulators-begin-offering-foreclosure-reviews-to-borrowers.html
    Appears to be a decent article and mentions a link:
    Borrowers also can request a review at http://www.independentforeclosurereview.com

    A statement I particularly liked even though I haven’t seen the form is:
    Eligible customers will be mailed a letter by December 31, 2011 that explains the Independent Foreclosure Review process and a Request for Review Form that identifies some examples of situations that may have led to financial injury. The form must be completed and postmarked not later than April 30, 2012.

    I repeat the part I like it said ‘identifies some examples’..so it was not all inclusive.

    I like this article because I do know more must accompany that form and more protections must be made by the one signing these documents, even if you must tell them that you will not give up all rights and immunities while trying to be made whole from the theft of your property. (I won’t speak legal language because I’m not an attorney and don’t want to be one).

    @dan-o

    I won’t poke you too hard, but realize that you’re a grown-up playing in a grown-up world and being treated like a child because…

    Okay here’s the point. You have said things in your post that makes total sense to me. You have stated your wife was on the ‘mortgage’ but they asked you to sign on the ‘modification’.

    You say that…go look. Do you realize that they are two different agreements. And I’ll try to be gentle. Your signature is the most powerful and valuable thing you own. Don’t believe me, look at some Disney/Pixar/etc..movies, such as The Little Mermaid, Shrek Forever After, Spirited Away.

    mortgage — modification — mortgage —- modification —

    Grown-ups should sign documents they have read because they are responsible for everything they sign. Even when you enroll a child in school, you are responsible for what you agree to.

    When the school wants to discipline or expel your child, believe me there is probably a contract signed by you and your child allowing them to do so. Usually that’s the Student Code of Conduct Handbook. It says how they will dress and how they can groom themselves while attending public school.

    You sign, you agree. No one signs anything they don’t agree to, otherwise they’d sign it ‘under duress’ or ‘under coercion’. Minus that force, the contract is seen as a meeting of the minds.
    It has an offer, acceptance, and consideration.
    It has one signature…yours (or if you partner with someone in the agreement, theirs too).

    If you didn’t want to be a party to the modification you had to say NO…you had to……….and make your wife get the modification on her own, since she got the mortgage on her own.

    If you put both incomes on the mod for them to show favor of her getting a mod, then both incomes were probably considered (why not, it meant more money) for the mod.

    You say you contacted the OCC…you say they told you, you are not on the ‘mortgage’.

    People in this business know how to use words.

    We ignore what people tell us all the time.
    We don’t listen.

    Dan-o, you are not on the ‘mortgage’, you said so yourself; you are on the ‘modification’.

    Yes, the modification is trying to foreclose on you..it’s a new contract…the mortgage is what the OCC would want to determine the grievance. When you replace a contract with a new contract, you may not be aggrieved. They may look at the mortgage and say, well, yes I see they were going to foreclose, but when you signed the modification they settled the mortgage so this solution is not for you…you were not in foreclosure because you modified your loan out of foreclosure, nor were you foreclosed upon in 2009 or 2010.

    When you get to pierce the veil, then you can first ‘see how you helped create the problem’ and then ‘figure out how you can fix it.’.

    The hardest thing for me to do was look at my role in this mess. It never occurred to me that a Deed of ‘Trust’ was untrustworthy. I assumed without knowledge that it was a good document for my benefit. I found out it was for the benefit of the beneficiary and that wasn’t me. I was a Grantor but it was not identified on the document, only in the recording of the document, so I had no powers as Grantor in the document I helped create. I could have made myself a co-trustee, but I didn’t know that either. I was reduced to a corporate entity called ‘a single person’, and threw my signature (well initials) all over it. It was my first and only home and I didn’t read what I signed.

    But I did listen to what people said, and I found out that a lot of the deception is what is not said. In your case, they are telling you what they ‘know’ about the situation. With a clear head, you can move in the right direction. Your wife is a big girl, she had the first mortgage, let her call them and handle her business. She should never make a deal over the phone, everything must be in writing, she should read everything; get a legal dictionary and know what they are telling her. Our public education was given by them to us for ‘free’. What’s that saying, beware of Greeks bearing gifts or never look a gift horse in the mouth, or free things aren’t free.

    That free education was a waste of time. From a cosmic perspective, we know everything, we just need to remember it, and where we are, it’s a school for Creators. We are learning the consequences of what we help create. We will be great Gods of the heavens and the earth through this learning process. We created this mess, and we are fixing it.

    Something you said concerns me, it was this comment
    ” i became a smart ass at this point and said to my DA “well, if i forged documents to get money from this bank, and they came to you with it, id be in jail wouldnt i? youd know how to prosecute me and have the resources to do it wouldnt you?”… what i got is a raised eyebrow and a “good day”.”

    To the AG’s office you are a person, they don’t represent persons or individuals. You say something rude to them it won’t make him turn around and say alright, I’ll represent you. No one wants a bad customer or to start off a bad relationship. I hope you were able to have a good day after hearing such news that they could not help you.

    We are at a time where we have to know who did what to whom and make changes in ourselves first to make changes with the system. It always starts with us.

    Imagine all the people that bankrupted themselves and don’t have two nickels to rub together to pay taxes, or HOA dues and still have people trying to take their home.

    How will we learn from this?
    The meek shall inherit the earth.

    Light and Love
    Trespass Unwanted, life, corporeal, free, State, in jure proprio (in one’s own right), jure divino (by divine right)

  60. Listen folks, it’s time to wake up and smell the crap being shoveled high and deep here. The OCC is 100% complicit in the multitude of crimes against humanity being glossed over here. For nearly a half decade, they’ve simply forwarded our letters of complaints detailing the ass-whooping that these banks have dealt us by forwarding them on to the very same banks. Why? Because they can, and they have done so repeatedly. I’ll be the first in the room to hold up my hand and tell my tale of bewilderment when asked how that little sleight of hand by the OCC helped my situation. Not in the least is the short answer. The long answer would have to do with alerting the alleged creditors as to who to watch out for. Wink and nod amongst thieves.

    So, why in the hell would we consider giving any solution they come up with anything short of a loud Bronx cheer? I don’t know about the rest of you, but I for one am sick and tired of being repeatedly raped and chained in a dungeon only to have the abusers deciding amongst themselves how it’s going to be resolved, if ever. Take this for example:

    “If your property was wrongfully foreclosed on and it was not sold to a third party, and it is still owned by the bank or trust, you may be able to negotiate a loan modification….”

    WTF is that? The victim needs to negotiate for the home they lost illegally? Let’s get the terminology straight before we go down this rabbit hole, shall we? Wrongfully foreclosed = taken illegally, as in stolen! This isn’t a simple oops moment we’re talking about here. It’s not, as they would have us all believe, a simple scrivener’s error, ….faulty paperwork.

    And who came up with the beginning and ending dates of eligibility? Were these pulled out of John Walsh’s asshat just for kicks? What about the millions who went before or after? Has the legal system ever been allowed to time-shift like this in the history of humans post-ape? “Sorry sir, your house was stolen a month before the cut-off date. Next!”

    And let’s not forget that the negotiating parties consist of the alleged creditor acting with the full backing of the Treasury and the Fed, against a borrower who is now displaced, who is attempting to negotiate with a multi-million dollar legal team from his/her new home in scenic Tent City USA. Curbside living with a pay fax machine three bus routes away, with Google as a legal library.

    This OCC package consists of a long line of….if you had this and that stolen from you in the form of fees and false promises on your way to homelessness, you may be able to get some of these items back. PEOPLE, JUST SAY NO! This is not an acceptable plan, much less even a sane line of reasoning. It hand holds the thief through the criminal act, thus insuring the crime is pulled off in a manner as to be nearly impossible to attack during OR afterwards.

    By your involvement, you are giving your consent to not only the crimes committed to date, but the cover up that will be achieved by further acts of fraud, making it nearly impossible for those attempting to right their own wrongs in the future.

    These institutions are laughing all the way to themselves. Don’t add to the humor. Tell them where to stick it. No Peace.

  61. Desperately waiting for your info Gary H.—thanks!

    carie, on November 9, 2011 at 10:09 pm said:
    cariemac9@gmail.com
    Thanks Gary H.

    Gary H., on November 9, 2011 at 9:45 pm said:
    @Carie…..
    “Can anyone here tell me what the foreclosure mills come back with in a non-judicial when you tell them they have no proof of real creditor? How can you foreclose with ONLY a Deed of Trust? No mortgage—just a DOT. Apparently that’s what they are doing?”

    I can help you with your question but I lost your email address and for whatever reason I can’t find it again here.

  62. @ETolle

    This one is for you complements of Max Keiser. Which definition of schving applies? Who is that man?

  63. hahahahaha

    E.TOLLE. It’s going VIRAL. Now at 552,649 views from 3000 views last Sunday or whenever you posted the link.

  64. Enraged thank you.

    NEVER AGAIN.

  65. @A Man

    I pondered the same thing and I came up with a few answers:

    1) Since a year ago, a lot has been uncovered in the extent of the fraud committed by the banks. They know that their days are counted, one way or the other. Speeding up foreclosures allows them to rack up a maximum very fast before they no longer are allowed to foreclose for want of standing and many other reasons.

    2) Since a year ago, a few states have started to impose requirements that all paperwork be certified by the attorneys retained by banks and servicers. In a few months, banks will have an increasingly more difficult time finding kamikaze attorneys willing to risk their license and career to give Moynihan and Dimon the obscene bonuses they have gorged themselves with.

    3) OWS started about 6 weeks ago and is not leaving until something happens. In fact, the movement spread rather fast, leading banks to understand that, indeed, their days are counted.

    4) More lawsuits have been filed against banks since 1/1/2011 than ever before. Chase, as an example, had grossly underestimated its 2010 legal costs by a puny… 2 billions and counting. It has recently faced the fact that legal costs for 2011 will be double the 7 billion they actually paid in 2010 (remember that they originally only admitted to 5.2 billions. BoA paid 4.5 billions last year and is looking at twice as much in 2011.

    5) In the past 6 to 8 weeks, 7 AG have broken away from the “settlement”. That, again, doesn’t augure well for banks and servicers.

    6) Global economy is bad all around and the root of the problem can be traced to TBTF. Foreign investors are shying away from investing in the US. Investors having already lost a lot are suing.

    7) Judges are now allowing class actions against banks and servicers to proceed.

    8) Members of Congress who allowed this atrocity are either old, gone or on their way out. Change will come when new blood takes over. The results of Tuesday’s votes everywhere confirm that most republicans won’t be re-elected.

    9) More economists are demanding that “fraudsters” be jailed. it will happen. They are foreclosing to get as much as possible, in the hope of a) being able to buy the best criminal lawyers money can buy and/or b) having enough to buy a maximum of members of congress as fast as possible in order to get them to put in place new laws that will protect them.

    10) People are starting to unite. They know they represent only 1%. They can’t and won’t measure up once united people reach 5%.

    I once saw a fight between two mustangs over a female. It was horrible, bloody and it lasted very, very long. The rangers were there, making sure that, once the fight was over, they would take the losing horse out of its agony as fast as possible; from what they explained to us, they couldn’t intervene lest they’d put their own life in danger. Nature had to take its course. It became apparent that one horse was getting the upper hand. At some point, the losing horse, bloody, muddy, severely bitten and kicked, exhausted and ready to collapse realized that it no longer had anything to lose: it gave him a sudden bolt of courage, energy and strength and, before collapsing, he eventually managed to inflict the most painful and severe injuries to the winning one. Then, he fell and was put to sleep by the rangers.

    Banks and servicers are losing and they know it. They will inflict a maximum of damages before disappearing. It’s the nature of the beast./

    Makes sense? I really believe we are seeing the end of 30 years of intense greed and selfishness.

  66. i think i posted this question before, but i am going to ask it again.. what are they going to do about servicers who lied to borrowers? in my case i was approached by the servicer of the loan and given an “in house” modification, not a hamp mod. the loan mod stated the servicer was the lender and holder of my mortgage, and as it turns out they werent. they lied. they refused to tell us how or when they acquired the loan when asked and our land records are crystal clear that they didnt. i sent them numerous QWRS and each time they responded, we got a different copy of the “original” mortgage and note. they forged my signature and intitials on each and every copy. none matched the original recorded mortgage. what makes this even more interesting is i wasnt even a party to the mortgage, my wife was. what happened is this. when we did the mod, they told us that i had to sign because my income was included in their determination. so i signed. the mod said i was a borrower, but i didnt read that part and had no idea i was saying that. from there on in , i was now a party to the mortgage, and somehow they got things screwed up and thought they had to correct the mortgage/note, so they forged my name on their copies. unbelieveable. i read this article on the OCC review so i called the OCC. when they asked for my info i gave it to them and they said i am not a party to the mortgage. i laughed and said well i have copies from the servicer that say i am. they told me the documentation they have doesnt include my name. i laughed again. i told them that according to the servicer, i am. in fact, they tried to foreclose on me 2 times, in my name, on a loan that is only in my wifes name, and the servicer forged my name on numerous documents they submitted to the courts in favor of their complaint to foreclose. their answer? have your wife call because we have her information and cant discuss it with you. i then said well i have a foreclosure pending in my name, on a loan that isnt mine, with fraudulent and forged mortgage docs, and you dont want to discuss it with me? their response? sir, please have your wife call. what a friggin sham.

    back to the modification….once the modification was executed, they waited several months then assigned it to a securitized trust who had a closing and cut off date 4 years earlier than the date of the mod. the trust immediately, and i mean immediately began foreclosure. oddly, the assignment they had was signed by an employee of the law firm representing the servicer, however she claimed to be a signing officer of MERS. when i questioned this law firm, they didnt deny she was an employee of theirs, and even said there is nothing illegal about this signing officer working for them and MERS, nor is it improper for her to act as a MERS officer when assigning the mortgage to a client of the firm… WHAT?? conflict of intersest, hello? i took it a step further and asked them if they represent the trust that is trying to foreclose on us. the answer i got was baffling. they stated answering would require them to to make a legal opinion or form legal theories they are not prepared to give or make at this time. so i again asked them, and stated that they claimed to represent the truston docs in the land courts, so why cant they tell me if they represent the trust or not. i recieved no response. my feeling is they dont represent the trust, and they lied to the courts when claiming to represent them.

    so add all of this nonsense up, bring it to the law enforcement, the occ, my state rep and attorney general and guess what i got? nothing. i got no where. i handed my AG the forged docs. i literally exhausted every avenue available to me, even taking it to my district attorney asking for a criminal complaint on the forgery and fraud issues and they told me this: we dont have the resources or expertise to pursue these cases, you need to hire a private attorney and do this civilly. i became a smart ass at this point and said to my DA “well, if i forged documents to get money from this bank, and they came to you with it, id be in jail wouldnt i? youd know how to prosecute me and have the resources to do it wouldnt you?”… what i got is a raised eyebrow and a “good day”. is anyone willing to go after these scumbags? private citizens need to hire private attorneys to do what the DA should be doing? are you kidding me? what the DA is telling me is the banks/servicers are above the law, period. it is unreal what is happening. they are getting away with this on every level… federal, state and local.

  67. @the A man

    because the courts want more foreclosure fees.

  68. Why has Foreclosure activity picke up in October?

    Where are the Attorney Generals?

    http://www.latimes.com/business/la-fi-foreclosures-20111110,0,6869771.story

  69. Why are you going to modify a loan with a clouded title? I do not understand that. Why try to keep something in a loan modification that the bank is going to take from you anyway? The payments they set for trial payments are way too high to pay especially while on unemployment. I was bringing in $1,600.00/month unemployment and Bank of America wanted $1,972.00 for 3 months. All of this is just crazy and I am not going to pay an attorney to fight for a property and make me feel like I am a piece of crap because my home was put in a pool of other loans and sold on Wall Street and in Texas they are going to take your home no matter what. It does not matter if it has been sold on Wall Street, it has to do with MER’s, America’s Wholesale Lender was never truly a company and the the things I have read. None of it matters. Bank of America and Bank of New York can’t produce the note, the Deed of Trust is now clouded but on December 6, 2011 my home will be illegally foreclosed on by Recontrust because Texas is a non-judicial State and the Texas Attorney General does not care. The OCC does not care, President Obama does not care, and the attorney’s are making a crap load of money when the poor are trying to fight to keep their homes. Folks, the Qualified Written Request, The Produce the Note, The Pooling and Servicing Agreement is just methods for a rat to try to find the cheese and none of it works. I have spent more hours producing and studying this to save my home and none of it matters. All I can do is cry and be angry and watch my home go to a pack of wolves who are getting richer and richer and now me and my kids have no home and no place to go. Sad isn’t it or really, how many of you are out there laughing talking about how homeowners deserve this? I am sure many of your are laughing all the way to the big banks and putting your money right in your happy big Bank of America Accounts.
    Cheers to Texas the Non-Judiciary State and it’s judges and attorneys who really don’t give a good g*** da**.

  70. […] Taken from: What Are They Looking For In The Foreclosure Reviews? […]

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