Psychological Paralysis Prevents the Majority of Homeowners From Taking Action

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EDITOR’S NOTE: Evil prospers when good people do nothing. The good people here are the victims of this massive securitization bank fraud where tens of millions of taxpayers and pensioners have lost trillions of dollars to the scheme and where homeowners are losing like amounts as the Banks and servicers, with no skin in the game, are pursuing a plan that will make them the largest property owners in the world without a nickle of their own money. Your country needs you now to stand up for your rights and the rights of other Americans.

This story is from the homeowner perspective. Approximately 96% of all homeowners who receive a notice of default simply leave their keys in the kitchen and abandon their home. They do it because they know they “missed” a payment but they don’t know the payment wasn’t due and certainly wouldn’t be due to the company claiming it. They do it because they are depressed, beaten and paralyzed by shame, guilt and fear.

So they don’t educate themselves about their rights and even if they do they can’t get past the thought that if they get to keep the home they are somehow cheating the system. This prevailing thought which is pervasive throughout the judiciary, the legislative branch of government and the executive branch is the single-most important factor in the success of the Banks in taking homes they don’t own, or have any right to own.

It is a shame that the associations of psychiatrists, psychologists, social workers and other psychotherapists have not intervened at least to prevent suicides. But more than that, they and everyone else who comes into contact with financially distressed people should be reminding them that there are resources that can help them stay in their home — for months years or even permanently.

My observation is that when people go into action against the banks they succeed to some measure, but more importantly they feel empowered again and they drop the attributes of depression, anxiety, fear and paralysis. We are all Americans and we all have a stake in seeing to it that this blight on our society is removed and that the human spirit, the American spirit is reinvigorated so that we come out of this better than we were before. It must be that way or we face a permanent decline in our prospects, our lives, our marriages, and our children’s lives.

Overcome mental roadblocks that lead to foreclosure

Mood of the Market

By Tara-Nicholle Nelson, Tuesday, November 15, 2011.

Inman News™

There are several government reports out now stating that most homeowners who lose their home to foreclosure never contact the bank to determine whether they can work something out with them, despite the ubiquitous government, bank and media education campaigns encouraging them to do just that.

While I’d wager that a small portion of this number are strategic defaulters who plan to walk away from the home in any event because of its deep negative equity, the vast majority are folks who have lost a job, seen their business income decline during the recession and/or had their payment adjust steeply upward sometime over the past couple of years, and have simply fallen behind on the payments.

Simply ignoring the bank’s calls and letters does not just get a distressed homeowner out of a hard conversation or two; the ultimate results of this plan of inaction include losing the property to foreclosure and bank repossession, including eviction and having to find another place to live.

Could those things happen anyway, even if you do reach out to the bank? Absolutely. But there are still millions of homeowners every year who are able to save their homes, under a bank or government loan modification or refinance program, or even amicably agree to a less traumatic surrender of the property than foreclosure, by short-selling the property or negotiating a deed-in-lieu of foreclosure.

41 Responses

  1. The only way to beat them is check your LOCAL docket. Figure out how the most recent case was won, which is the SAME bank as you. Copy that case. Don’t be creative. Do the same thing that guy did. Don’t try to work it out, unless they did, and do it at the same point in the case when they did it. If you think you can find a lawyer, call whoever was on the SAME case as the same guy who won against the SAME bank that is on YOUR case. Or, copy that case and don’t be creative. That’s what I would do. If you can’t find one in the same court as you, look for one in the appeals court you would be in. If you can’t find a lawyer, and you have no other option. Probably there isn’t any other option, though if you have been sued. It’s really, really hard work. You will also have to READ what they sent to you and DONT be emotional. They are not emotional. Be a robot. Start there. If you manage to find a lawyer, you need to understand the lawsuit, anyhow. It will be a formula, and you have to know which sort of b.s. it is. There are several variations and I think they are evolving.

  2. HERE’S WHAT I DID. I WROTE

    Dear Sirs,

    I am in receipt of your letter dated November 13, 2011, in which you asserted on line one of your letter that “Ocwen recently acquired your loan from Litton Loan Servicing, LP”. Please note, if you did indeed acquire my loan from Litton Loan Servicing LLP you must immediately contact my Bankruptcy Court and file your Proof of claim immediately so the Bankruptcy court may take the necessary steps to arrange payments to you through my reorganization plan to be filed with the court shortly. Further could you please provide me with documentation that will evidence your acquisition of my loan and full and detailed accounting of my transaction that may include third party payments of my loan so I may pay you immediately and accordingly any amounts owing.

    I was earlier told that I am in default of my obligations by a company known as Quality Loan Servicing LP located in San Diego California. Pursuant to an authority they claim that they have, they have filed a Notice of Default, Notice of Substitution of Trustee and a Notice of Trustee Sale on my home and your office has been informed of the same. I believe your office is currently researching this matter and I am to expect a response by the 24th of November 2011. I have reason to believe that they have either appointed themselves as substitute trustee or they have been allegedly appointed as substitute trustee by an unknown third party. Also there are issues related to timeliness of such appointments as related to their right to foreclose, if any, and filing of false and fabricated documents at the County recorder’s office. Now that you claim that you have acquired my loan could you please certify that Quality Loan Servicing is indeed a substitute trustee having rights to foreclose on my home and that the documents recorded evidencing their appointment and substitution is legally valid keeping in view of the fact that Deutsche Bank National Trust Company did not record any valid assignment and even if valid, the initiation of foreclosure process precedes such assignment by Ameriquest Mortgage Company on February 17, 2009. Ironically Ameriquest Mortgage Securities Inc. FR1 in a most recent distribution report dated October 25, 2011 states that the subject property became an REO in a prior period. But assignment of deed of trust purports to indicate that Ameriquest Mortgage Securities Inc., had no role to play as they were never assigned the loan because if they did, then Ameriquest Mortgage Company had no right to assign the Deed of Trust or the note(if any) to the Trustee of Deutsche Bank National Trust Company as Trustees for Certificate holders of Ameriquest Mortgage Securities Inc. FR1 . Further it seems from the disclosure that the Loan to Value ratio disclosed to prospective investors was inflated to reflect a LTV of 57.14 at origination which is 1,050,000.00 which is absolutely not true which may also be an indication that over $450,000.00 was received from investors based upon such inflated value disclosed to prospective certificate holders.

    I have been corresponding with an attorney known as Joshua E Moyer regarding this matter at their San Diego address who erroneously believes that some entity other than Quality Loan Servicing falsified and recorded such documents that gave them the right to initiate foreclosure proceeding against my property. Well if that is true, then consistent with the evidence in the record there are controversial documents recorded in the County recorder’s office that will indicate that there may be no true owner of the financial transaction or the true owner may have to provide the evidence of such ownership and respective rights.

    In your letter you have also stated that the prior insurance carrier cancelled my insurance coverage effective 11/01/2011. Could you please provide me with any documentation or evidence that you have relied upon to make this assertion so I may have adequate proof or evidence to address this issue until which time I will be unable to take the necessary steps to rectify the situation.

    You have stated that my loan agreement requires me to maintain hazard insurance covering my home that is in effect at all times, in amounts required and that protects your interest. To this effect, I have received no communication or documentation from you that you have any interest in my loan or the financial transaction. Could you please provide me documentation that will show that you have an interest in my property and the financial transaction such as an assignment, mortgage loan purchase agreement, assignment of the note and or deed of trust and such other as may be applicable to our situation.

    Please feel free to purchase any hazard insurance on my property on my behalf as long as I am not responsible for the premium and cost associated with it. I would like to have a copy of such insurance so I may not have to purchase any insurance that will cover your interest. I do understand that the cost of the insurance that you may purchase is likely to be much higher than the cost of the insurance I could possibly obtain as I am authorizing you to purchase the same without obligations on my part and I am sure you will do your best to shop for the best possible insurance.

    As you have already affirmatively asserted that the prior insurance carrier has cancelled my insurance coverage effective 11/01/2011 I am least concerned about any superseding of any such coverage that may be in effect under my previous insurance policy. I do understand that I have the right to purchase insurance from the insurance company of my choice.

    As per your request I will contact my insurance carrier, if any I have already purchased to fax you a copy of the declaration page or e-mail it to your office mentioned in your letter. Once I have received a copy of the ownership of my loan from your office I will make sure that my policy, if any, will reference your company and ensure that the Mortgage Clause on my policy will read Ocwen Loan Servicing LLC, Its Successors and/or assigns to the address mentioned in your letter with a loan number.

    My current financial transaction number is: 70968862 as is mentioned on my recorded instruments currently available at the County recorder’s office of the County of Los Angeles and on file with the United States Bankruptcy Court.

    According to another institution also claiming to be my creditor namely Deutsche Bank National Trust Company, as Trustee for Asset Backed Pass through Certificates, Series 2004-FR1 and represented by an attorney at Rosicki, Rosicki & Associates, PC, I have to pay them funds pursuant to a Proof of Claim they have filed in my Bankruptcy Case. A similar document in the form of Proof of Claim has also been filed previously in my Bankruptcy proceeding by another creditor namely Litton Loan Servicing LP.

    According to Deutsche Bank National Trust Company as trustee for Asset Backed Pass through Certificates, Series 2004-FR1, as of November 18, 2011 at 3:05 pm, my financial transaction seems to be paid for and current and the amount owing on my transaction number 70968862 is $ 542,089.20. See Exhibit One attached herewith . Now that you have acquired my loan as of November 13, 2011 could you please confirm that my balance on my statement is accurate and if not please provide me with documentation and detailed breakdown of the transactional account for my review and consideration so I may pay you what I own on this transaction.

    According to the previous loan servicer Litton Loan Servicing LP their loan number was 19583699. According to your letter your loan number is 7090295259. Notwithstanding the fact that as new owner of my financial transaction you are entitled to collect a valid debt that you currently claim to own and you have your own transaction numbers, could you please confirm whether these two numbers relate to the same financial transaction or two different transactions. Further could you also please let me know what am I to do with transaction number 70968862. Should I or should I not continue to keep my financial transaction account current on that transaction. Further, Litton Loan Servicing LLP has not yet corresponded with me on matters related to the termination of their loan number 19583699.

    Based upon the above I am extremely confused as to the amount owing on my financial transaction that currently reflects three different numbers as loans with three different institutions one of which seems to be a securitized transaction and all three transaction owners are claiming that I owe them as is reflected by their statements in my Bankruptcy Court proceedings and represented by three different attorneys. You may be aware that I am currently representing myself and I will have an attorney to represent me in all my Bankruptcy proceedings. I am told that Goldman Sachs is a mastermind and is actively involved in my financial transactions transferred its assets and liabilities of Litton Loan Servicing LLP to your Company and I want to make sure that this is a true and correct statement from your company. In the meanwhile I will arrange to cancel any and all insurance that may be made to different companies at different times and as my new creditor of record I will follow your instructions mentioned in your letter and I will notify you of any further changes to my insurance policy and ignore any and all requests from other institutions claiming to own any interest in my financial transaction.

    A hearing is currently scheduled in bankruptcy Court and I may have to file additional paperwork reflecting the new transactions in my account. I will attach a copy of your letter addressed to me as evidence of your ownership of my financial transaction and your loan. Any and all information related to my bankruptcy case could be obtained from http://www.PACER.gov.

    I have for your kind perusal mailed to your office any and all correspondence I have made with different firms to keep you appraised of the current dilemma on various issues that I am in and will notify the bankruptcy court of the same shortly.

    I look forward to your prompt response in this matter addressing all of the issues stated herein so I may take the necessary steps to continue to make payments to you either from my account or third parties who have been making payments on my account on my behalf. Additionally, I do believe that there may be funds owed to me in my transaction that I may use to setoff any obligation I may have with your office as a result of your ownership and the servicing of my financial transaction.

    Thanking You,
    Sincerely Yours,

    REDACTED.
    EXHIBIT ONE
    Ameriquest Mortgage Securities, Inc. 2004-FR1
    October 25, 2011 Distribution
    REO Report
    LoanGroupPrincipalBalance&OriginalLoanNumberPrincipalBalanceStatedDatePaymentFirstTermOriginalOrigination
    LTV atState &RateNoteCurrentDate Paid to.
    Became REO Property this Period:
    68639244 1 146,000.00 129,612.55 01-Nov-2008 5.850% WI – 89.02% 360 01-Apr-2004
    71314124 1 220,000.00 200,849.21 01-Jul-2011 7.750% WA – 89.80% 360 01-Apr-2004
    72030208 1 63,900.00 58,213.51 01-Jun-2010 6.990% PA – 90.00% 360 01-May-2004
    72245426 1 207,500.00 185,329.90 01-Nov-2009 6.300% CO – 89.83% 360 01-May-2004
    TOTAL 637,400.00 574,005.17
    Became REO Property in a Prior Period:
    61777561 1 133,500.00 125,120.58 01-Nov-2007 9.450% IL – 85.58% 360 01-Jan-2004
    61854584 1 60,000.00 55,604.00 01-Jul-2010 7.990% OH – 88.24% 360 01-Feb-2004
    66978123 1 235,000.00 218,048.72 01-May-2007 8.400% IL – 72.31% 360 01-Mar-2004
    67409664 1 117,500.00 103,998.97 01-Jul-2010 6.150% TX – 81.03% 360 01-Mar-2004
    67951020 1 81,000.00 74,801.37 01-Aug-2009 7.990% FL – 94.19% 360 01-Mar-2004
    69199065 1 139,500.00 128,118.13 01-Jul-2010 7.600% PA – 90.00% 360 01-Apr-2004
    69360626 1 81,000.00 58,110.64 01-Jan-2011 5.750% MI – 71.63% 360 01-Apr-2004
    69386647 1 81,000.00 75,962.40 01-May-2010 9.800% AR – 90.00% 360 01-Apr-2004
    69637700 1 113,700.00 103,465.88 01-Mar-2011 6.990% WA – 79.23% 360 01-Apr-2004
    69774941 1 153,000.00 138,904.33 01-Feb-2010 6.750% WA – 88.44% 360 01-May-2004
    70482229 1 175,000.00 162,421.79 01-Feb-2010 7.990% MI – 87.50% 360 01-Apr-2004
    70786769 1 119,000.00 113,564.98 01-Jul-2010 10.990% TN – 85.00% 360 01-Apr-2004
    70968862 1 600,000.00 542,089.17 01-Jan-2008 7.100% CA – 57.14% 360 01-Apr-2004
    71846026 1 246,898.00 221,098.20 01-May-2010 6.500% MO – 89.78% 360 01-May-2004
    73647125 1 90,900.00 82,099.74 01-Jul-2011 6.990% TN – 90.00% 360 01-May-2004
    73796963 1 295,200.00 265,294.19 01-Apr-2010 6.700% CA – 89.46% 360 01-May-2004
    74244724 1 136,700.00 123,391.31 01-May-2009 6.400% IN – 89.93% 360 01-May-2004
    74344045 1 198,000.00 181,015.09 01-May-2011 7.750% TN – 90.00% 360 01-May-2004
    74426503 1 121,500.00 108,461.48 01-Oct-2009 6.350% TN – 90.00% 360 01-May-2004
    74734666 1 315,500.00 280,179.58 01-Oct-2009 6.050% NH – 78.09% 360 01-May-2004
    TOTAL 3,493,898.00 3,161,750.55
    TOTAL 4,131,298.00 3,735,755.72
    Page 12 of 32

    Copies Mailed to the following and Posted on the Internet.

    1. Litton Loan Servicing LP
    Attn: Customer Care Department.
    4828 Loop Central Drive,
    Houston, TX 77081
    2 Rosicki, Rosicki & Associates, PC
    Attn: Legal Dept.
    51 E. Bethpage Road,
    Plainview, NY 11803
    3 Joshua E. Moyer, Esq., AND Joshua Elijah Moyer # 259908
    Corporate Counsel, McCarthy Holthus,
    Quality Loan Service Corp., 2141 5th Avenue,
    2141 Fifth Avenue, San Diego, CA 92101.
    San Diego, CA 92101
    4. Director, Office of RESPA and Interstate Land Sales
    US Department of Housing and Urban Development
    Room 9154
    451 7th Street, SW
    Washington, DC 20410.
    5. Richard Malme
    California Department of Corporations File No: 413-0234
    320 West 4th Street, Suite 750,
    Los Angeles, CA 90013
    6. Department of Corporations,
    Consumer Services Office
    1515 K Street, Suite 200,
    Sacramento, CA 95814.
    7. Deutsche bank National Trust Co.,
    1761 East Saint Andrew Place,
    Santa Ana, CA 92705-4934.
    8. Deutsche Bank National Trust Co;
    60 Wall Street,
    MAIL STOP NYC60-3012,
    NEW YORK, NY 10005-2858.
    9. Ameriquest Mortgage Company
    2677 N. Main Street, # 140,
    Santa Ana, CA 92705
    10. California Department of Real Estate
    320 West 4th Street, Suite 350,
    Los Angeles, CA 90013
    11. Attorney General’s Office
    California Department of Justice
    Attn: Public Inquiry Unit
    P.O. Box 944255
    Sacramento, CA 94244-2550
    12. U.S. Department of Justice
    950 Pennsylvania Avenue, NW
    Washington, DC 20530-0001 USA

  3. Yes, I do know what you mean, It takes hunting. That is the whole essence of the pchyological etc of what has been written. We can see the crime but who can do it. I already posted my fight, Never thought it would take so long, depending where you are at, I may have some helps myself. My dear mother & my family has been so damaged buy the false hope of the mortage company only intention (fraud) is take the property. Read my post.. few bks, recalled lockeds, eviction while I was at work, walked my mother 84 & son out with no warning.& the same carpertbagger, come out of the realty company, and pursued the property. He paid himself to board up the place & hired someone to watch the place, becaz I came back. My mother is in a home, lost my job, & my son friend hopping, like me. I have a fee waiver, even to find a lawyer who get its & stands for the cause, instead of the pocket, is the hardest. It beens two years, hoping to get the case settled & my mother to come back so we can have some life, With the holidays, I sure miss my house with my mom & family.. I was hoping to get a hotel so that we can cook together for thanks giving & Chiristmas, My mother really needs a break,, this has been the longest ordeal, with the bks etc.. no credit. barely surving to pay the storage & car basics until this case is over.. At least I will show in court with or with out a lawyer, to know I did everything possible.. with in my soul…
    Don’t give up,, keep on trying.. suttons77@hotmail.com

  4. I should follow up by adding that I agree that the people have to prevail, and I never underestimate them. Don’t bet against Americans.

  5. I’m not sure it’s an evil plan. I think it’s a lot of people doing what they believe are their jobs. Not realizing that they are part of a really flawed process. And each person who doesn’t reflect on what part we/I play in the big picture is part of the problem when we/I aren’t actively part of the solution.
    The solution is not to have to fight in the first place. It’s to be a critical thinker. Not getting into the mess would have been ideal. I suspect the evil was in the plan not existing…just a big opportunity and nobody watching the opportunists.

  6. I agree that this article is mostly bunk. Homeowners DO call the bank, even though it’s pointless because the bank wants the house and they do whatever crooked stuff they have to do to get it, plus those wonderfully inflated FEES they add in.
    VERY FEW loan workouts or mods have been done, in comparison to the number declined without explanation. Many were renegged on, later. Just more propaganda the banker’s spew. When you have all these self-righteous bankers spinning the tale that millions of “deadbeat homeowners” caused the financial woes we’re experiencing, no one stops to think about the fact that the banks not only approved these loans (many times despite the “borrower’s” objections) they made a lot of money betting against them because they knew the loans would fail! Millions of people do not suddenly become financially irresponsible–that dog doesn’t hunt. Some of the people who’ve lost homes occupied them for 20 or more years. When is the concensus going to swing around to rational thought?

    Bankers are nothing more than loan sharks in business suits, void of morality or decency. There is a total disconnect between them and humanity, which allows them to steal without suffering any guilty conscience. They invented the psycho babble crap, another tool to manipulate, extort and control the slaves. When enough of us stand up and demand that they be put in jail, they just swap the current regulator who’s buckling under pressure, with a new guy and fill his pockets. This has all been an evil plan to control us through debt slavery, and homelessness was supposed to make it easier for them. Like most evil plans, however it has backfired. People aren’t as weak and easily beaten as the article states…we are determined enough to walk away from our favorite material thing in the whole world–our home–to break their rediculous grip on us. We may not be able to buy an attorney’s assistance, but we are NOT BEATEN. Death to the banks. We don’t need them. The good, resilient people will prevail.

  7. Hi, I`m in NY I just got a letter today from ASC saying my morgage was in default and if i didnt pay a huge amount of money by dec10 they would accelerate.I`m so confused I have sent letters tila respa ect.they wouldnt take my payment when i was 2 months late i was willing to settle it up and they said no.then no contact from them till now that was feb.doess anyone know what i should do.oh had a forensic audit done also .

  8. It used to be said that you should answer a case like this because it wasn’t about winning, it was about “losing slow”. Which was why some people didn’t bother hiring a lawyer. As it turns out, though, the people who did hire the lawyers ended up losing faster many times.
    Lawyers just couldn’t win or didn’t know how to defend the case.
    Or didn’t care to. I wonder how these pro bono organizations who used intake criteria that only represented people willing to produce loan docs and mediate (legal aid) can keep doing the good work they do?
    Since they are working directly in the virtual and (they knew for some time) statistical opposition of their client’s interest, based on any number of models.
    Who is going to take them to task? They really messed some people up. Using taxpayer money. That sickens me.

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

  10. Another one…

    http://www.stollberne.com/ClassActionsBlog/2011/03/25/homeowners-file-class-action-lawsuit-against-jpmorgan-chase/

    As I mentioned, class actions are being filed by homeowners. Don’t know if that one got confirmed either. Maybe too early to know although it’s been 8 months.

  11. @ suttons77,

    If help is what you need, there is help available.there is a expert witness on this site by the name M Soliman.he is real,knowledgeable,well experiece in the mortgage industry.hes your ticket to your justice imho.not some vulture atty who went to school but turned one of the best scammer making tons of profits in the real world,

  12. @Anonymous

    Nope. Not a security investor. Just some poor schlemiel who got conned into buying a house a few years ago with little money down and got conned again a few years later in a refinancing (no heloc, though. My guts were telling me that borrowing on no equity was far from sound. I was just looking to lower my interest rate). Since then, Aig and banks have been bailed out, the economy has capotted and my income as a self-employed has been slashed by 50%.

    The rest is history. Literally.

  13. @Anonymous

    Lots of typos in my previous post… Sorry about that.

  14. @Anonymous

    A number of homeowners class actions have been filed in different states since May 2011. Navada, CA, PA, and other states, against Saxton, BofA, US Bank, etc.

    If you key in “Homeowners class actions against mortgage banks”, a number of them pop up.

    Granted, they are very recent and their class action status has not yet been confirmed but I do believe that forcing banks to spend inordinate amounts in defense costs while closing our bank accounts will cause a maximum de damages. In fact, several banks have recently anounced major layoffs. Common sense tells me that banks are not doing as well as their stock would have us believe. So, if banks want to continue gorging their execs with obscene and abject bonuses in have to layoff thousands in order to make it possible, they are adding those thousands of newly unemployed to the ranks to the disgruntled.

    As I keep thinking: there is some special quality to the imbecility demonstrated…

  15. I’ll tell you again————-

    stop using your credit cards, and in fact close them out, and get the credit card company/bank to send you back your original signed agreement back to you as closed. —————–

    Do it and see what happens………………..will they send you back your original signed credit card agreement back to you…………..as closed and no longer in effect?

    Oh, by the way, if you defaulted on such credit card debt, or mortgage debt,,,,,,,,,,and you were sued and settred for like a HELOC,,,,,,,,,,,,,,did you ask for the original back that you signed, returned back to you?

    Did you settle on some defaulted credit card company debt, which you paid to a debt collector……….all is good,,,,,,,,,,,,,,did you ask for the original agreement that you signed back, back to you?

    Where is all the above state in the grand scheme of our monetary system called the Federal Reserve System of Banks,,,,,,,,,,,,,?

  16. @Jeff.

    you said———–

    “As most people are painfully aware, Lawyers charge by the hour, Thats good for them and bad for you. Its bad for you because you are exposed to open ended billing. Meaning, Often times, even if you have been treated honestly and fairly by your attorney, when you suddenly get his bill in the mail you feel like you have been ambushed into paying for hours that you really can’t prove if he actually did the work he is billing you for. His bill, rightly or wrongly makes you feel like you have been kicked when you are already down. You now feel like whats the point of it all, I owe thousand to the bank and now I owe thousands to my lawyer.”

    ————————-

    That is exactly the scam on the american people and global, hence riots all over the globe.

    People do know something is not right……………

    and yes introverted people who cave in, and extroverted people who fight,,,,,,,,,,,,,,,very true……………

  17. editor————–

    you said this—–

    ” without a nickle of their own money”

    that little line is Wall Street Public companies traded on Wall Street exchanges,,,,,,,,,,,,,

    How can a public company company report a loss for the quarter and yet pay the CEO’s and exec’s bonus’s? And they do so by laying off people.

    Think about it.

    Any small business owner can not do this…………..that is not a public company……..

    all money games thanks to Wall st…………..

  18. E. Tolle,

    Yes, we go way back. And, I have reiterated numerous times here, issues that I know are pertinent and ignored by others. These issues are so pertinent, that discard of them is harmful to victims.

    You have not heard all the stories. This does not mean that these “other” stories are not being told elsewhere as they are. But, not here and for a reason. Nevertheless, information has been provided that is often discarded. I can do nothing else to help that.

    I suggest that you reread my posts, and carefully re-contemplate what I have stated in the past.

    Extremely pertinent.

  19. No sooner had I posted that when I read this news:

    Nevada Attorney General Masto Files 606 Count Criminal Indictment Against Two Title Officers (Updated: Lender Processing Services Employees)

    Heads are going to roll and fingers are going to point up the food chain. Let the games begin!

    http://www.nakedcapitalism.com/2011/11/nevada-attorney-general-masto-files-606-count-criminal-indictment-against-two-title-officers.html

  20. Anonymous and I go back several years on this blog. I bring this up only to establish that we both have been plugged in here for a long time, reading the stories of many a victim over and over again. I couldn’t begin to tell how many times I’ve heard the same sad tale, told with only slight variations here or there….but always with the same backstory. I have one myself.

    Sometimes they’re told really succinctly like several folks wrote today, other times in very broken English obviously written as a second language, but always with the same sad tale. A few people have even posted from Europe with the very same story. They always go like this:

    1. Lost paperwork.
    2. Investors won’t allow a mod.
    3. Have to be in default first.
    4. You can’t bring current without paying $$$ fees.
    5. We’re working on a mod, hang tight.
    6. Attorneys don’t understand/or call back.
    7. Attorneys take money for nothing.
    8. Judge bitch slaps pro se.
    9. FORECLOSURE

    Now, ask why this would happen, and how. We know that they stand to profit from foreclosure, not from a modification.

    But….who….are….they?

    Each and every pretend creditor/servicer is acting by the same exact script. This fact HAS to lead to some level of authority within each institution. Meaning, at what level is/was the directive sent out that states that it is the duty of everyone on staff to take the homes through foreclosure, while at the same time promising the moon, knowing full well that foreclosure is the only acceptable goal. Who within the institution could be singled out as authoring this script? It’s not an accident. It is definitely scripted across the board. It’s impossible for all of this to happen without the management behind the scenes being culpable and identifiable.

    Knowing these seemingly simple facts would lead to faces being pinned to these unconscionable, illegal acts. Make no mistake, this is an organized syndicate, they all have the same business model when it comes to taking homes at will, all of the way down to the mills and the robos.

    At the risk of being called out for bad tin hat dress I’d suggest that the same elite that are directing the actions across the nation against the separate OWS movements as we speak are pulling these bankster strings as well. One bank/creditor/servicer working in this illegal fashion would be one thing, and worthy of concern by a multitude of regulatory agencies on any given day. But dozens? Gimme’ a break. Said the same way, one mayor clamping down on protestors on a given day would be one thing, but thirty on the same day? No way. Most definitely not an accident. It’s yet another scripted event.

    But that’s beside the point, and doesn’t get us closer to the answers. My hope is that as thousands of once gainfully employed now bread-lined former bankers find themselves bereft of work and funds and understandably pissed at their former employers, there will be a reckoning. These criminals can’t possibly keep this up forever, even with a president and congress who are perfectly willing to run interference for them in return for campaign contributions. All Ponzi schemes eventually fail. This one will as well.

  21. The banks and the reporting is mostly BS. I am in the Pro Se fight of my life. I have filed quiet title actions, fraudulent conveyance and breach of contract complaints….to no avail. I will fight until I pass out, just that simple. I have found plenty of documentation to clarify the fraud, misstatements by brokers/lenders, misstated SEC filings, etc…they all lead to the same place. The issue is EVIDENCE…it is an uphill battle to find paperwork to present the case and even judges in some areas are unsophisticated in this area of law. Woe is me…tired. In my opinion: securitization is just part of the issue. CTR: I have paid for 2 attorneys. They did minimal work, burned up the little resources I had and still no positive result. My opinion again: not many attorneys out there sophisticated/learned enough to handle the nuances of this situation. Also, the time involved if not doing this type of work specifically…you couldn’t pay them enough, hours and hours of research! I am the deposition part of my case right now…I’ll let you all know how badly they beat me up!

  22. Jeff,

    Great advice I wish I had it before I hired an attorney but that said if my attorney wins I will live up to my agreement of the percentage. He has heart and believes in the fight. This is not a cheap fight!

    As far as this article goes I do not know any homeowners who didn’t beg for help and they were asked for endless paperwork and faxes that always seemed to get for modifications that got turn down.

    Now we know why just keep learning and fight no matter if you have a lawyer or not.

    I no longer have shame I tell everyone who will listen what happened to me and the fact that I am still fighting coming on four years. I am also now have developed high anxiety and I need daily medication and have been diagnosed with heart issues due to stress….my kids are watching and I will be one who dies fighting if that is what it takes to get the truth out.

    Stay Strong

  23. You guys are missing a big “chunk” of what has gone on.

    Too focused. Expand your focus.

  24. And also to Enraged — you are wrong. The class actions are on behalf of the security investors who have already recovered. I see no class actions on behalf of homeowner foreclosure victims.

    Dare I ask??? Are you a security investor??? And, do you play dual roles???

  25. Before ENRAGED attacks my grammar, correction to: “While I once (THOUGHT) that publicity of securities fraud…

  26. Neil:

    Most security investors have recovered by one means or another. Pension funds may only not fully recover only because they can no longer earn the much higher interest rates that were never justified by fraud upon American homeowner victims. There can be no sympathy for security investors. False protection of security investors has harmed the real homeowner victims. While I once that publicity of securities fraud would help homeowner victims, this notion has proved to be false. It has only allowed huge recovery to security investors and no protection or help to the real homeowner victims. That is, security investor protection has harmed the foreclosure fraud challenge.

    The real victims that have not recovered are the homeowner foreclosure victims. These victims were a target by multiple violations of the law and they continue to suffer. .

  27. @Trespass,

    That whole article is very suspect.

    “Most homeowners… never contact the bank”. False. Everyone who was foreclosed on and lived to tell his story had spent days, months, years trying to negotiate with the bank. How many hundreds of thousands of stories of robosigners, lost documents, misrepresentations, foreclosures during negotiations, etc. have been reported?

    “Millions of homewoners every year are able to save their homes through bank or government loan modification programs or refinancing”. Hamp was an abject failure. Banks refuse to negotiate. They only start looking at you when you sue the bastards!!! By then, you can really make demands, including attorneys fees. And if you throw in a breach of contract and/or negligence count, the result is what Happened in GA: judges have something to go by.

    Neil is right: fighting empowers people. People are slowly learning, entire states are reacting and suing banks, class actions are mushrooming. We’ll get this country fixed. It will take a while but we’ll get there.

    Keep fighting and talking. That’s the only way.

  28. I sympathize with everyone ways of holding on. We run out of resources or time etc. The truth is only a few get a real chance. If you have the right support & court going for you. Most of us homeowners, lost thier jobs, health issues/stroke, divorced & familys are displaced, even living in a car. All this information really gives encouragement but it is very rare to find a lawyer who gets it and serves for the cause instead looking at the expense. i can say this, i am suffered. my mother is living in a home, my intention was to get somewhere with this case to bring her back living with her family. that is the worse psychological damage, and many others like our children. I have a case open orange county, santa ana, ca I cannot find anyone to assist me, i have a fee wavior, just to challenge & win to get real justice that we are trying to stand for, who has the courage to help me, 562 441 6589 or facebook.

  29. My only concern is this statement from the article:
    There are several government reports out now stating that most homeowners who lose their home to foreclosure never contact the bank to determine whether they can work something out with them, despite the ubiquitous government, bank and media education campaigns encouraging them to do just that.

    My reasoning is this:
    Someone is peacefully enjoying their home and someone with no right nor standing to do so, sends them a threat.

    WE are going to steal your home! You better act fast and know what you are doing or it’s not yours anymore!

    Then they say these people are supposed to contact the one who threatened to take their home – to work something out!

    RICO RICO RICO RICO

    I say, don’t talk to a thief. You can’t talk him out of stealing and all you’ll end up doing is agreeing to give him what he was going to take, so you enter a contract with a thief to pay him to not steal from you…Racketeering…really, that’s what it is.

    This article/post does not resonate..not at all.

    Light and Love,
    Trespass Unwanted, a living state, independent and free. A corporeal life. Jure divino.

  30. Jeff, I was an introvert for the longest time, but almost being thrown under the bus (sort of speak) I had no choice but to become an extrovert, I learn as I go and have been holding my own. It is not easy and two heart attacks later from all this stress, I will continue to fight like hell for all the wrongs committed upon me.

    It is hard to find an attorney due to what county one is in and the case overload. But even if you do hire an attorney, try and keep up so that if they slack off, you can pick it back up. Just saying. Some attorneys out there don’t give a s**t. Just take your money and file a few things that aren’t going to get anywhere and then they cut you off at the knees.

    I praise all the attorney’s doing right by all people harmed and there are so many, thank god for Neil and the others, because without learning from these weblogs I would have been defeated already, without cause.

    Thanks so much to everyone here for input as well. God Bless all of you.

  31. Here’s the link to the article … http://www.inman.com/buyers-sellers/columnists/taranichollenelsoninmancom/overcome-mental-roadblocks-lead-foreclosure

    The bottom line is people have to pull their heads out of the sand ,, stop paying the bills if you must to get money saved up and hire a lawyer that gets it … In my area pro-se doesn’t work ,, the judges steamroll you… even if you get a decent judge (a 1 in 100 long shot) you will screw up procedurally somewhere and get creamed…

    The best you can do is to gather all available documentary evidence ,, all land records , all communications with the servicer , the complete closing file from the title company , the trust name and all related documents in .pdf form (I had a lawyer with a fancy computer system (all Apple) that couldn’t open my files because it was in a format that Apple doesn’t normally use!)

    The facts are pretty well known but details keep coming out that change things ,, you’ve got to go with what is working in your jurisdiction.

  32. addendum:

    If you pay the amount in default you are affirming the default that has been declared by pretender using records of pretender who is not beneficiary. No verification from the records straight from the horses mouth from the true beneficiary who may not even show a default or who has been paid in part or full for his “secured” interest. Trustor and Beneficiary is only relationship that matters. (at least when “lender” and beneficary are one and the same on the deed of trust… I think) All others are supposed to be facilitating the accurate representation of transactions between those two. Payments from any source to the Beneficiary need to be disclosed which is not happening. That is the only party who can satisfy the lien, the only party for who’s benefit the point of sale can be enforced, the only party who has a right to the benefit of payments, the only party who can verify and wear under oath that a default has occurred.

  33. Sorry for the rant today. Probably should stop posting altogether.

    Servicers have absolutely no reason to workout anything – they want the default and the default servicing and they want the house – they want to cut out the investors interest any way they can asap. Here’s my story. Investors would have handled it much differently – would have loved for someone to bring it current (I think) – if they only knew. They don’t even know foreclosures are brought in their name by pretenders and probably don’t care either if they have been paid in full, received insurance and taken a tax write off.

    Called up the pretender servicer and said I was selling items to bring it current. Rep talked over me and said you can’t bring it current anymore – can’t go into the local branch ect. We are adding on penalties, title search, inpections, attorneys fees ect. Could not give me those figures. Quoted interest rate of four months ago. Did not even want to discuss or facilitate payment in full in any way. Pressed hard was nasty and intimidating insisiting I am required here and now to give her a phone ap for financial info (we have no financial information on you making it sound like that’s a crime if I don’t answer her immediately) for “workout not mod”.

    Said politley I would prefer to bring it current right now and apply for “workout not mod” later. Would prefer to look over everything in writing and seek advice before applying for anything. It was one or two days later NOD (from “collector”” original trustee on DOT naming original defunt beneficiary who sold it without recourse to the trust five years ago) and ADOT (from absolutely no standing successor servicer only assigning to trust closed five years ago – robo signed by bogus vp who signs for three organizations you have heard of – actually named online as low level employee of the “collector” original DOT trustee) filed simultaneously with county recorder.

    By the way it is a very small amount in default relative to the average amount in default for other recent NOD filings. Low loan to value five years ago now underwater not by much.

    Wish I had the date of that phone call and the rep’s name. I asked her and said I wished to note it down if I was understanding her correctly that I cannot bring it current without applying right now on the phone for a “workout”. She said I’m noting this down too and changed the subject and talked over me. Slammed on the NOD.

    They obviously want the foreclosure mill in place. Non-judicial CA. Hand to mouth and no peace of mind right now to even keep working on (darn well researched and crafted complaint if I do say so myself) already in progress. Scrambling to sell stuff and hope anyone phones back on job aps. So much for “afford an attorney” at any price. No legal aid in this county for homeonwers – only for renters and attorneys in this town – just plain do not fight period and charge a mint to tell you they don’t have a clue and have no interest at all in getting a clue. Even online attorneys who “get it” don’t even bother to contact you when you fill out their online forms.

    Thinking the complaint is the least of my worries – what comes after that is the scary part. Who fights it to the wall – definately don’t feel qulified to face the thugs in court. Depending on what day and how much sleep – it isn’t “psychological paralysis”. It’s hopelessness and awareness of the injustice makes it worse. Maybe homeowners who just passively give up the keys with no awareness of the fruad are lucky. That’s what the powers that be are thinking. States should require proof of standing by independant third party beofore anything is allowed to be recorded or pursued. Put Neil and a few others in charge.

  34. Their are many law firms that are foreclosure savvy that will negotiate an easy to meet payment plan with you. Not many people have the extroverted personality to defend their own case as a Pro Se Litigant, consequently, it is those people who most definitely need a lawyer, if for no other reason than to be taken more seriously by a Judge.

    Those that do have the extroverted personality, perseverence and education, are still advised to get an attorney at some stage of the case, but those people can drastically cut down on their legal expenses by doing much of the research for their prospective attorney, or themselves if they feel confident enough to go Pro Se all the way.

    As most people are painfully aware, Lawyers charge by the hour, Thats good for them and bad for you. Its bad for you because you are exposed to open ended billing. Meaning, Often times, even if you have been treated honestly and fairly by your attorney, when you suddenly get his bill in the mail you feel like you have been ambushed into paying for hours that you really can’t prove if he actually did the work he is billing you for. His bill, rightly or wrongly makes you feel like you have been kicked when you are already down. You now feel like whats the point of it all, I owe thousand to the bank and now I owe thousands to my lawyer.

    Example, His billing statement contains description like… 1. Various conversations with the client on the phone and at meetings with counsel X hours = X dollars. 2. Research to prepare clients motion to dismiss and to prepare clients answers and affirmative defenses X Hours = X amount. I could go on and on. Suffice it to say, you have an interim bill to pay that is usually in the thousands and from your perspective, you haven’t even started the case yet, VERY SCARY. On a more cynical note, better to give the lawyer your house and let HIM fight the bank to keep his gift.

    However, all is not lost. Negotiate up front with your prospective lawyer. TELL HIM OR HER THAT YOU NEED TO KNOW WHAT YOUR FIXED COSTS ARE SO THAT YOU CAN PLAN FOR THEM AHEAD OF TIME, BE VERY INSITANT THAT OPEN ENDED BILLING (hourly rate) DOES NOT WORK FOR YOU.

    In your initial meeting with him/her, and after they have informed you of their fee schedule. Ask him to have a close look at your case to see if he can see any proverbial light at the end of the tunnel. HIS ANSWER MORE THAN LIKELY WILL BE, ” THERE ARE NO GUARANTEES TO YOU WINNING OR LOSING,

    Mention to him that if he doesn’t have any idea, then as a non lawyer you for sure don’t have any idea, but as the legal pro, he can at least take an educated guess and let you know if you have a fighting chance of succeeding. If he sounds positive, then ask him to put you on a FIXED payment plan that is not calculated on his hourly rate. Meaning, If he can take your case on a contingency basis. Which means that he can put you on a MODEST and affordable monthly payment plan for X months win lose or draw, this payment plan to include his initial retainer fee.

    If he wins your case then you will pay him a previously agreed to fixed amount, (don’t fall for the nonsense of paying him 30-40% of what the property is worth). He needs to set an affordable and realistic amount which is also ammortized over X months which is in line with what you have already been paying him monthly. If he loses, HE GETS NOTHING EXCEPT THE MONTHLY FEE YOU HAVE BEEN PAYING HIM. in all instances, NEVER let him talk you into any payment plan that you can’t EASILY afford.

    Having said all of this, first ask him how much he will charge you JUST TO EVALUATE YOUR CASE. Once he gives you that figure, you are in a position to say Ye or Nay to it. More than likely you will get your first consultation visit for free. Take it for free, educate yourself. If he doesn’t agree to anything you have asked regarding his fee, simply thank him and walk out and move onto the next lawyer. REMEMBER THIS, WHILE THE MONEY IS IN YOUR POCKET, YOU ARE THE BOSS.

    As a closing comment, if you really do act as Pro Se, then in any appearance before a judge HAVE A COURT REPORTER PRESENT. Check with several of them to see what their fee structure is.

  35. This the best written words that defines, the heartwretching crime of people surrendering thier homes. This has cost much grief in much turmoil, that has been silent too long. Thank GOD, for the first amendment, that still remains. I have lost my home but not without a fight. Held it off with a bk one year, foreclosed asked 4 recission, carpetbagger came, didnt sign cash 4 keys, went unlawful detainer court, had 3 lockouts, they were recalled by bk. Filed a complaint with a lis pendis in the unlimited court, carpetbagger came back evicted me awhile i was at work, police escort my 84 mother and 22 son out.with no warning. Went the sheriffs office, that was relocated. So when i went to recall the lockout they unfamiliar wiith my case, showed them my bk, The name on the lockout was my moms evdnthou i am the owner it was no good., went to a former US MARSHALL he gave admin law papers. i served everbody sheriff etc, Went back into the house changed the locks, inform the police .week had to walk out. Case open,

  36. Fannie and Freddie tell mortgage servicers not to refer new cases to Baum firm
    by KERRY CURRY

    Tuesday, November 15th, 2011, 12:00 pm

    [Update 1: Adds confirmation that Fannie suspended new referrals to Baum firm]

    Public opinion turned against the Baum firm in recent weeks when photos of a Halloween party at the firm surfaced on the Internet showing employees dressed up and mocking homeless people.

    Fannie Mae said Tuesday that it told mortgage servicers to stop referring new foreclosure cases to the Steven J. Baum PC lawn firm.

    Last week, Freddie Mac told mortgage servicers they may no longer refer New York foreclosure or bankruptcy cases to the Baum firm. Both government-sponsored enterprises had used Baum as part of their attorney networks.

    The Freddie directive became effective Nov. 10, according to a short statement on the Freddie Mac website. A Fannie Mae spokeswoman said Fannie is in the process of updating its designated counsel list, but confirmed that no new cases will be going to Baum.

    It’s another blow for the large, Buffalo, N.Y.-based foreclosure law firm, which last month agreed to pay a $2 million fine and change its foreclosure processes under a settlement with Department of Justice.

    The DOJ describes the Baum firm, which also has an office on Long Island, as one of the largest mortgage foreclosure firms in New York state.

    Read more at http://www.housingwire.com/2011/11/15/freddie-mac-tells-mortgage-servicers-not-to-use-baum-law-firm

  37. Neil
    This is exactly how I feel. I thought that it was my shortcomings that have slammed me against the wall several times already, having my 92 year old Mom evicted and losing her home, due to robosigned MERS transfer. another house, due to robosigned papers and lack of jurictiction. Both time they broke me mentally in court. I can’t believe that an 3elected judge would not bring up the lack of jurisdiction and throw the case out. At least one judge comitted suicide 3 weeks after my case. Also there is the (convincing
    the wife problem). It seems the Banks spent a vast amount of money studying human phycology.
    Stan
    Wis

  38. I’ve talked to over twenty attorneys in the last three years. Nobody knew anything. Now, they are all in the “foreclosure defense” business. Judges ignore homeowner counter-claims, even if they’re aware of the fraud. No broad brush here, but most of the judges look past the fraud to protect their own investments. They can’t change horses in midstream after they evicted thousands of families already. The corruption is rampant.

  39. This post and editorial commentary are a contentless joke

    There is no help in the banksters vs homeowners struggle.

    You’ve assured everyone you must have a lawyer. There are few lawyers and little money to pay them. The chanced of winning are slim (remember your mantra: information is not evidence). Judges, nay, the entire system is hostile, says you’re a deadbeat.

    Please stop with these silly articles penned by apologists for the mob.

    Reach out to the banks. Indeed.

  40. There is another major problem here. Homeowners that want to do something can’t. When you are a Pro Se in court, the judges don’t read your motions, and do whatever the opposing side attorneys ask for. We’ve been up against that time after time. Most would argue that your motions are not right, when you are not an attorney, but we’ve gotten good enough at this, that the judge just didn’t rule at all, but would never rule in our favor. We know to go after our mortgage company we need an attorney, but have interviewed several, and they are either too busy, won’t take us because we’re in a different county, or just want simple bankruptcy cases. The few that are up on what is going on right now with all the fraud and corruption in the mortgage industry are way over-loaded. We have been waiting to get our mortgage audit done on our loans until we can find an attorney to run with it, but that has been over two years already.

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