THE FIRST LIE: “WE REPRESENT THE PLAINTIFF BANK”

MOST POPULAR ARTICLES

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

“My head almost exploded clear off my body last week when I heard a foreclosure mill exclaim to a judge when questioned about how she was going to get a complaint verified: “But we don’t represent the Plaintiff, we represent the servicer!” (Editor’s Note: That is an admission that they filed a lawsuit on behalf of someone they do not represent. They are not the attorney for the Plaintiff but they filed the suit anyway!)

EDITOR’S NOTE: Weidner has it right here and this is a very ripe area of vulnerability for Banks and the lawyers who represent them. The article below gives you a couple if ideas about that.

As I have repeatedly said on these pages, the first words out of the mouth of the lawyer seeking to foreclose is probably a lie: “Good Morning, your honor my name is John Smith and I represent the holder of this loan, Aurora Loan Servicing.” After stating his name, the rest was at best a misstatement from lack of knowledge and probably just a lie.

The foreclosure mills send out lawyers who have no idea whether they represent the bank or any other party who is seeking to foreclose. And when he states that he  represents the holder,, he only knows that he was told to say that, not that it is true or even if the party whom he alleges to represent would agree. This entire game is made up of plausible deniability and “excusable neglect” so that when caught in the lies, each one can say we didn’t realize our information was bad. But they do know their information is bad and that is their vulnerability.

I would counsel attorneys to file a motion for proof of authority to represent as soon as the first pleading is filed — the compliant in judicial states and the motion to dismiss in the non-judicial states. And I would suggest you press the point by testing their proof through discovery. Most of the time they will cave and revamp their strategy. I actually know of a few cases where the filing of that motion alone was enough for the foreclosing parties to simply vanish.

Second, I again repeat that you should raise an immediate objection, based in part on your challenge to their authority to represent. When the statement is made that “we represent the Plaintiff” or “we represent the holder” or “we represent the creditor” that is a statement of fact, which the lawyers want to be tacitly admitted into the narrative of the case. Your objection should be along the lines of no foundation, that counsel is testifying, that if he is testifying you want to conduct a voir dire examination to determine if he has any personal knowledge for making that assertion, and if so, where he got his information.

Even if he say “I represent U.S. Bank” the same objections would apply after he makes his first argument of “fact” rather than law. It is the same as the “default.” How does he know that a default has occurred.  What contact has he had with the creditor? Who is the creditor. How do we know the creditor has not been satisfied and that the note and mortgage are therefore satisfied? We know that the servicers and others are trying to sneak in under the umbrella of the note and mortgage when their claim, for themselves, has nothing to do with the note or mortgage.

BE ALERT! And don’t assume anything. Challenge everything.

Fraudclosure Mill- Just Who Is Your Client Anyway?
Author: Matthew D. Weidner, Esq.

http://mattweidnerlaw.com/blog/2011/12/fraudclosure-mill-just-who-is-your-client-anyway/

A question that must be asked in every foreclosure case is just who hired the Plaintiff mill that is prosecuting the case…and who is paying that mill?

There has been a battle raging for years now between consumer attorney warriors who have been working to crack the secret relationship between their attorneys and the fake plaintiff that is named in the foreclosure lawsuit.

We’re especially cracking this relationship when judges start asking real questions or start putting the plaintiff actually comply with the Supreme Court’s rules.

My head almost exploded clear off my body last week when I heard a foreclosure mill exclaim to a judge when questioned about how she was going to get a complaint verified:

“But we don’t represent the Plaintiff, we represent the servicer!”

This is exactly the case and this is precisely the problem. Well, here’s where things get even more interesting. The referrals don’t come from the servicer, they come from a computer….and that’s a problem….or at least it should be if state bars and judges really started digging into this. It’s one of the backstories that’s running behind the Nevada Attorney General v. LPS Lawsuit, first addressed by my friend, Nick Wooten and a dude named Bubba Grimsley, see this article in HousingWire:

The alleged splitting of attorney fees between foreclosure law firms and third-party mortgage servicing providers is the subject of another lawsuit, bringing the number of cases filed on this issue to five within the past seven months, said Nick Wooten, an Alabama-based plaintiff’s attorney involved in all of the cases.

By mid-May, Wooten said he expects to file 10 to 12 additional cases, making similar allegations about what he claims are illegal, split-attorney fee arrangements between mortgage servicing outsourcers and law firms. The cases are concentrated in the Northern District of Mississippi, the Southern District of Alabama and the Northern District of Florida-Pensacola division.

NICK WOOTEN
http://www.housingwire.com/2011/04/22/lawyer-intensifies-fee-splitting-battle-against-mortgage-servicing-providers

And what did the banksters do when confronted by these allegations? Why they attacked the attorney that dared to challenge them? From another article in HousingWire:

An Alabama circuit court judge denied a motion Wednesday from Lender Processing Services (LPS: 14.30 -17.53%) for sanctions against attorney Nick Wooten and also declined to seal a transcript and default services agreement at the heart of Wooten’s cases.

LPS alleged in April http://www.housingwire.com/2011/04/26/lps-fires-back-with-motion-seeking-sanctions-against-alabama-attorney that Wooten, who is suing LPS in several cases on behalf of homeowners, used confidential information from a bankruptcy case he was handling between Larry David Wood and Karen Wilborn Wood against Option One Mortgage, and filed multiple lawsuits against LPS in other states using that information.

http://www.housingwire.com/2011/05/12/judge-declines-to-sanction-lawyer-involved-in-lps-fee-splitting-cases
KEEP AT THEM NICK!

 

57 Responses

  1. Question.

    If an attorney alleges to be “attorney In Fact” for the plaintiff (pretender lender) I would assume then that the plaintiff would have to give the alleged Attorney In Fact a Power Of Attorney in order to represent the Plaintiff right?

    And if the alleged Attorney in Fact is in direct violation of the law.
    (In my case alleged attorney for the plaintiff is in violation of F.S. 454.20, Rule 2.060(f) and posted the Non-Resident Cost Bond as “Attorney in Fact as Surety” on behalf of the plaintiff.)

    Then wouldn’t it be fair to say that since the alleged attorney in fact is in conflict and violation of the law that the attorney for the plaintiff should not be allowed to represent the plaintiff?

    here is the law.
    http://www.flsenate.gov/laws/statutes/2011/454.11
    454.11 Powers of attorneys.—Every attorney duly admitted or authorized to practice in this state shall have the right to appear before any court of the state, or any public board, committee, or officer in the interest of any client, and may appear as amicus curiae when so permitted. All attorneys shall be deemed officers of the court for the administration of justice, and amenable to the rules and discipline of the court in all matters of order or procedure not in conflict with the constitution or laws of this state.
    History.—s. 11, ch. 10175, 1925; CGL 4189; s. 7, ch. 22858, 1945.

    http://www.flsenate.gov/Laws/Statutes/2011/454.20
    454.20 Attorneys not to be sureties.—No attorney shall become surety on the official bond of any state, county, or municipal officer of this state, nor surety on any bond of a client in judicial proceedings.
    History.—s. 20, ch. 10175, 1925; CGL 4198.

    in a recent motion to dismiss hearing, Judge Selph in Bartow, FL Did not care that the attorney was in violation of F.S. 454.20, Rule 2.060(f) (amongst other reasons to dismiss) and allowed the attorney to get away with it.

    after the Judge Denied my Motion To Dismiss I filed a motion for sanctions against the attorney and plan to appeal the MTD as well.

    I would love to hear every ones opinions and ideas or recommendations on this matter. reply to this post + email me if you have time. Thank you!

  2. @tnharry or anyone If Lender XYZ filed for Bankuptcy May 21, 2006 however, our Assignment of Note and Deed of Trust effective date was April 1, 2008. The Assignment was not notarize until September 3, 2008. Therefore, did Lender XYZ Bankruptcy Court grant Mers authority to execute such assignments. Bank A attorney stated
    ( MERS was the beneficiary under the Deed of Trust for Lender XYZ and its
    successors and assigns, which includes Bank A. Bank A was authorized to
    act under the Deed of Trust to enforce Plaintiff’s indebtedness.) Bank A attorney is alledging Mers had authority from Lender XYZ to assigned our Note and Deed of Trust to Bank A.

  3. @Chris – as far as the people involved, I don’t see an issue there. who else but employees of Ocwen or the law firm would be able to testify as to compliance? the issue I see is the interplay of the courts. could be an issue of jurisdiction if your descriptions oif the court names are different courts.

  4. To anyone:

    Have a Federal Court quiet title and fraudulent conveynce suit against Ocwen Loan Servicing and am in the discovery process. I received today a notice of hearing in Superior District Court for permission to foreclose by the trustee. Here’s the quandry: The Plaintiff’s Attorney in the District Court Foreclousre case is the Trustee, the Certificate of compliance to NC ststutes is an employee or agent of Ocwen Loan Servicing, LLC and is employed by the Plaintiffs Attorney/trustee as a scheduling coordinator of foreclosures in NC and SC for the law firm and the notary is the paralegal for the same law firm.
    Does this seem right to anyone here? Feedback please! ASAP

  5. @Cubed,

    Haven’t we already paid over and over for the defaulted debt? It is a great idea but it isn’t ours to do any longer. Banks and banksters have to reach into their own pockets and buy it. They created that mess.

    As for me, I’m done paying. Too flat broke for that.

  6. Wow! Cubed2k’s debt-buying idea is the solution. Should be easy–a group of us get together and buy our bad debts for 4-7 cents on the dollar. Then each member of the group buys back the cheap debt and all is well! In my case,that would cost me less than $3K.

  7. just fyi – this motion for proof of authority is very location specific and not a prime candidate for dissemination to the masses.

  8. All this AG suing going on, and yet the foreclosure machines just keep churning ’em out with no let up…

    WHY isn’t there a moratorium?

  9. California Attorney General is suing Fannie and Freddie

    http://stopforeclosurefraud.com/2011/12/20/california-attorney-general-sues-fannie-and-freddie/

    NEVER AGAIN

  10. July 4th, 2010 —
    Today, I will remember my father who passed away so recently. He was a retired officer of the United States Air Force. A fervent defender of the Constitution and of fact and law, and an avid student of History, this highly decorated, honest man devoted his entire life to preserving our noble freedoms.
    Last Memorial day in Washington D.C., as my mother and I visited Arlington National Cemetary where he is to be buried with full military honors, 100,000′s of Vietnam veterans were also visting D.C. for “Rolling Thunder” to also pay their respects to fallen brothers and sisters of the Vietnam War. This was the same War my father earned a Bronze Star among many other decorations for valor and dedication while risking his own personal safety and life.
    It was that Sunday I picked out a book in his vast historical library to begin a read for the long, sad trip home back to Florida. Florida is where I have been fighting fraud and for property rights for several long, frustrating years. The book I chose was written about the Vietnam War entitled “The War of the Innocents,” by Charles Bracelen Flood. Published in 1970, Mr Flood foresaw the main reason WHY the South Vietnamese and the U.S. would EVENTUALLY LOSE the war against the Communist Viet Cong. The ex-Army, Harvard graduate keenly observed that the poor Vietnamese peasant farmers were CONSTANTLY having their PROPERTIES SEIZED ILLEGALLY BY A CORRUPT GOVERNMENT AND THEIR CORRUPT, WEALTHY BUSINESS PARTNERS.
    The constant harrassment, removal, and dislocation of the poor, peasant farmers and their families contributed greatly to the lack of support of their corrupt Saigon Government, and indeed the lack of responsibility of its own soldiers and citizens to fight effectively against the Communists.In 2010, even an 8 year old being removed from their home due to a questionable foreclosure could draw the same conclusion regarding a corrupt system that aids and abets illegal and fraudulent harrassment, removal and dislocation of too many families who’s unalienable rights are being denied. Today, I will remember the millions of Americans who were defrauded by the Banks and are now being removed from their homes by the very governments who were supposed to protect them. Their protections are DENIED almost daily by the very consumer laws that are NOT being enforced nor upheld.
    IF FACT AND LAW ARE NOT BEING UPHELD IN THE COUNTRY WHO HAS SHED THE MOST BLOOD FIGHTING COMMUNISM AND FASCISM IN THE HISTORY OF MANKIND, WHAT DOES THAT REVEAL ABOUT THE NATURE OF THOSE WHO SWEAR A HOLY OATH TO DEFEND AND PRESERVE THE CONSTITUTION OF THE UNITED STATES OF AMERICA AND OTHER LAWS– AND DO NOT?
    Tomorrow, I begin researching “Fraud on the Courts” on forged complaints and so-called “supporting” documents made by so-called “officers of the court” in yet another legal battle on a case already dismissed once before.
    Today, on the morning of the 4th of July, I will miss my father terribly. Today, I weep in utter despair as I write this message to whoever cares to read it. I sincerely question that his whole life was dedicated to being deceived by a collosal lie?
    On July 4th, 2010, this is NOT a happy day for me. Is this really Independence Day in foreclosureland?
    Rob Harrington

  11. “We are the Sleeping Giant” If this entire Country could turn on a dime, re-purpose our entire manufacturing industry, and defeat an enemy that had just wiped out 60% of a naval fleet, we can rise above the federal reserve system banks.

    They use the media to separate the people with a centuries old approach of “divide and conquer” They start at the bottom rung – the irresponsible sub-prime borrower. This allows them section off the first mass of foreclosures and turn other property owners against one another. The fact is; most didn’t refinance and buy boats or hire Van Halen to play at their kids sweet 16 as the banks and media would have the mass believe.

    “We are the Sleeping Giant”. The banks are trying to move quickly to distort the truth. the reason they do not allow charitable organizations or homeowners to purchase Notes direct at a discount is velocity reduction. The FDIC is merely a private insurance company banks use to keep the leverage in the game. if homeowners were permitted to purchase their Mortgage Note at 30% of the UPB just like the PPIP and other hedge fund / debt collectors, it would create real money into the system, thus causing the banks to raise reserves and take “Marks”.

    “We are the Sleeping Giant”. At the end of this intentional “deleveraging cycle”, many will reflect back on these times to see that the Sponsor bank had an entire Series inside of each pool that allowed them to leverage the investor’s certificate investment. For example: i raise $250M from global investor and pay each an annual tag of 8%. I purchase $500M in loans / or 2-1, and buy CDS, allowing me to circumvent tier one reserve requirements at the Sponsor level. I am collecting interest on $500M in volume with a nominal average of 7% but I pay interest on $250M at 8%, I make the spread in the lower tranche, difference, pay the Trustee, Master Servicer etc..and pocket the difference. They do not care about individual loans like we do – they are protecting the secret weapon of securitization, because they can’t unwind all at once.

    “Wake up my fellow Giant’s” the next rung will be the irresponsible homeowners who did not prepare for their future. These people are patient and calculated. None of this is unexpected, and the ones that stand as individuals will be dealt with so that they do not alert others, even if the case has to be settled. Nothing that is occurring today is a mistake, it is part of a plan constructed to expand the money supply beyond the scope allowed by central banks. The power grab had less to do with individual mortgages versus hijacking entire countries.

    Look no further than the current consolidation of sovereign nations under the IMF and WB and the recent rulings that are coming out of the BASEL III accord. We the people can still win, but we must all align soon under one fearless leader willing to lay down their life for the push that it will take to dissolve the banks.

    “We are the Sleeping Giant”!

  12. Lies, lies and more lies:
    http://mortgagemovies.blogspot.com/2011/11/terrified-faces-at-robo-signature.html

    TUESDAY, DECEMBER 20, 2011

    Robosigner Bethany Hood and Fein Such & Kahn busted on phone and in person.

  13. @E. Toile

    Naw. No need to read the rest. Been listening to Bill Black: the feds knew as early as 1995 (right from the beginning). FBI informed government of what was going on. Nothing was done, on the contrary. It was like: “Guys, you’ve been found out. So, I have a few jobs abroad. Anyone wants to become the US ambassador to the Netherlands? What about Africa? Who wants Africa? Many countries there, diamonds and plenty of women. No booze but diamonds… Do I hear a Yeah? One, two, three. Done!”

    Anyway, about that idea we have… I have my list of guys to pillorize. Imagine: the head and both hands in the holes, about 3′ above ground. Unable to do anything but look straight forward and pray, if they believe on some God ready and willing but, by now, I think God’s done with them too. Too high to kneel down. Butt sticking out. Got construction boots? With the heavy metal toe?

    Picture them, in my pillories. On my list, I have: Paulson (I reserved that one long ago. I have a personal claim on him. He stole my pension plan… in addition to our taxes.) I got Dimon anf Geithner. You can have Moynihan and all the other guys in your Fallbeil. Need to shake on it though…

  14. @zurenarrh,

    It’s to simple it’s unbelievable. The Government could just do it…………all all would be good. And all could just get on with it.

  15. What is going on here?

  16. Cubed–that is a great idea. A great solution–have a sympathetic group buy the bad debt at debt collector prices and forgive it. Or offer the debt collector price to the one whose debt has been sold.

  17. Some consumer groups argue that by doing so, the courts have become little more than an arm of the debt collection industry.

    —————————————————-

    REALLY, an arm of the debt collection industry——REALLY? You must be kidding. I just can’t believe it.

    A court of law is not a court of justice, but of law. Is Justice right or wrong? Our courts are just law, just procedure, knowing the law, nothing to do with justice. Money.

    Who changes the law? It ain;t the people. It’s the debt collection industry and lobbyists who change the law. Get money out of politics?

    http://www.nytimes.com/2010/05/08/nyregion/08debt.html?pagewanted=all

  18. Hey Neil, you got some money. Just buy defaulted debt and forgive those that defaulted,,,,,,,,,,,,,and all is good for those debts you bought……1 cent on the dollar…….Hey Bill Gates, you got money, you do the same………….or any other big time player————

  19. I tell you, nothing but the 1% loose ,,,,,,,,,OMG. Is that so bad?

    I think not.

  20. So if we bought all this defaulted debt,,,,,,,,,,why what would happen? Really, if all of us got together and paid the 1 cent on the dollar for the defaulted debt of americans, what would happen?

    ——————————————

    Why can’t we do this? If we don’t do this, but just forgive the debt?

    What happens?

    I am laughing my ass off

  21. Do YOU get this statement?

    “The debt buying industry in the United States began as a result of the savings and loan crisis of the 1980’s”

    key word——–began———

    Why is this?

    http://en.wikipedia.org/wiki/Debt_buyer#cite_note-6

    ——————-

    FIRST LIE————

    FIRST LIE in actuality is 1913 when the Federal Reserve System of BANKS was started———–OMG.

    HOW come no debt collectors back then?

    How come no debt collectors in the 1950’S?

    in the 1940’s?

    In the 1960’s?

    Where did a debt collector come from?

  22. dramatic expansion since year 2000???????????

    ————————-

    Who here wants to start a debt collection company?

    Who here wants to buy all of our defaulted debt,,,,and write letters to debtors and state we forgive you on the fake money lent? and all is good.

    Hey we only have to pay 1 cent on the dollar and all is good? 15 tillion dollars of debt, lets buy it for 1 cent on the dollar as a debt collector, and then all is good.

    So if we bought all this defaulted debt,,,,,,,,,,why what would happen? Really, if all of us got together and paid the 1 cent on the dollar for the defaulted debt of americans, what would happen?

    Absolutely nothing,,,,,,,,and the defaulted debtors who now owe nothing would get on with life and the economy would continue.

    I am laughing my ass off…………stupid is and stupid does,,,,,,,laws, ucc’s, codes, rules,,,,,,,,,,,what a silly game.

  23. Due to the historic profitability of the business, the debt buying industry has seen dramatic expansion since 2000. Debt buyers purchased approximately $110 billion in face value of delinquent debts in 2005, which is about double the amount bought in 2000″”””””””‘

    ———————————-

    Since the year 2000———–OMG

    ———-

    What is going on?

    ———————-

    http://en.wikipedia.org/wiki/Debt_buyer#cite_note-6

  24. In my opinion, a class action suit against the Trust would not fly. Reason being if there are say 2,000 individuals mortgages in a given trust, the only plaintiff who could participate in the class action would have to have their mortgage within that 2,000.

  25. Lesliane Bouchard loved being a junior high school teacher.
    First Mortgage Corporation: Don’t foreclose on disabled teacher

    But after a car crash fractured her spine, she had to leave her job. Now, she might lose her home as well — First Mortgage Corporation wants to foreclose.

    The worst part is that Lesliane has been approved for something called the Hardest Hit States Fund — a federal government program that would pay down enough of the principal of Lesliane’s mortgage to allow her to keep her home. But First Mortgage Corporation refuses to participate in the Hardest Hit States Fund program, choosing instead to force Lesliane out of her house. If the company participated in the program, it could profit from Lesliane’s mortgage payments, and Lesliane could keep her home.

    Lesliane’s daughter, Kristiane Chappell, has been fighting tirelessly to help her mom keep her house. But time is running out, and Kristiane is running out of options.

    That’s why Kristiane started a petition on Change.org asking the First Mortgage Corporation to let Lesliane stay in her home. Click here to sign Kristiane’s petition right now.

    Lesliane’s attachment to her home is more than sentimental — it’s vital to her health. Lesliane is completely bedridden, and relies on her adult children to help her every day. “Mom’s current home is about the same distance from all of her adult children, enabling us to share the responsibility of caring for her,” Kristiane explains. “If she loses her home, it will be impossible to split duties, making her care much more difficult, and more expensive.”

    There is some good news: So far this year, at least six homes have been saved from foreclosure because of petitions on Change.org. Companies like First Mortgage Corporation are terrified of having their images tarnished, so when people come together to shine spotlights on their bad behavior, they tend to cave very quickly.

    Time is running out to save Lesliane’s home — please sign her daughter Kristiane’s petition right now:

    http://www.change.org/petitions/first-mortgage-corporation-dont-foreclose-on-a-disabled-schoolteacher

    Thanks for being a change-maker,

    – Jess and the Change.org team

  26. LIZ, any attorney who files a class action with two typos in the first paragraph of the pleading loses all credibility with me.

  27. The following should cause rioting in the streets. It won’t, but it should.

    CAMBRIDGE, MA December 20, 2011

    The US government saved the “too big to fail” banks in 2008. The reason? People were unable to pay their mortgages causing the banks billions in losses. The US Government authorized $700 billion to save the banks. The Federal Reserve Bank also gave them short-term loans that were even larger.

    According to a report of the Federal Reserve Bank of Boston, there was another way. Why not save the people who were at risk? If the people were helped, they would be able to pay their mortgages, the banks would not have needed to be rescued and the financial crisis would have been considerably less severe. The cost? They calculated up to $50 Billion dollars overall – less than 10% of what was approved for banks.

    Refined variants of the proposals that the researchers have worked on would reduce the amount to just $1 billion dollars, the interest cost of deferred payments, which could be paid either by borrowers or servicers.

    The Treasury decided to bail out the banks instead. At the time the US Treasury Secretary was Henry Paulson, previously Chairman and Chief Executive Officer of the investment bank Goldman Sachs.

    Read the rest:

    http://necsi.edu/news/2011/bailouts.html

  28. @Boots-

    GIVING UP AND GOOD BYE WITH ALL THIS CRAP.

    You’re not losing in the long run. Get yourself on solid ground again, and you now know to stay away from these banks and wall st whose only intent is to trap us one way or the other. So, untrap yourself and live a life without debt bondage to these asses. You will have the last laugh.

    It’s a game, so don’t ever take it seriously.

  29. hman, e-mail me your phone number and I can call you to give a little guidance.

    usedkarguy@yahoo.com

    I’m home from work now.

  30. Boots this web site has nothing but class actions listed see if you can joing one

    http://www.ufanlaw.com/litigation

  31. Thanks for the info. I got some work to do.

  32. @BOOTS: I have said many times “I give up”. And I’m in a big pile of shit with a local judge who wants to sanction me. Just can’t bring myself to quit. I’ve resorted to pounding the US Attorney, FBI, DOJ anti-trust, FBI, any and all parties in law enforcement that SHOULD have an interest. The OCC is laughing at us. Your representives in Congress are all on the “gravy train”. They don’t care, either. I, personally, have damaged my own case with all the pro-se filings, but there was no other way to go. If you give up, they win. If you continue to be a thorn in their side, well, they might win anyway. But I’m going to make sure I cost them as much as I can before I leave. Very disheartening, I know. But remember, we have come a long, long way since three and a half years ago. If everybody gave up, we wouldn’t be here on this blog today. Just a thought. But you have to make a decision as to whether or not it’s worth fighting the fight. I made the mistake of letting this battle “consume” me; others like yourself may be smarter to “let it go”. However, I’m too pissed off to quit! guys like BSE have taken it in the shorts. Went to bankruptcy court seeking relief and they stick it to you as well. The thought train used to be “you can’t fight city hall”. I’m here to tell you: WE OWN CITY HALL! THEY JUST FORGOT FOR THE TIME BEING! I’M HERE TO REMIND THEM!

  33. hman, try SECINFO.COM. You can play around there for free for awhile. Then they hit you for $20 per month. Problem is that all the documents are old. No loan info. You have to go to “ownership interests” or “owner relationships” to find the mortgage loan schedules (if they were posted).

  34. Boot Straps

    Don’t quit why don’t you file the objection motion yourself ? you have nothing to lose post your questions here so everyone can help you don’t give up their are also class actions you can join that don’t charge a fee

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

  36. @E. Toile,

    Zucotti Park seems like a good location. We’ll even rename it “Sweet Justice Park”.

  37. @E. Toile,

    You mind to the Fallbeil. I’ll handle the pillories. And if you’re really, really nice to me, I’ll even allow you to come and kick those guys really, really hard where the sun don’t shine…

  38. To all who replied on “sue the actual investor” – couple of comments.

    1) CUSIP’s – these are easy to find if you know the MBS. They are listed in the PSA. You can then google that specific CUSIP, sometimes you get lucky and it’s in a public filing for a mutual fund, charitable trust, etc..

    2) EMAXX – I think that is the spelling. Yes, it requires a subscription. No, I don’t have one. (costs 1K / month). But it would be GREAT if there was a way to split those costs.

    3) Owners – Mine showed a variety of owners. But what is really fascinating – the total ownership does not even come close to the total number of bonds (dollar value or bonds held). So my theory is – BofA (Countrywide) actually owns a TON of the MBS themselves – the lower trances that they either could not sell, or did not need to sell.

    4) Whose side are they on? Great question. They should be on my side. We both want the note to be shown NOT to have made the MBS. If true in my case, standing to foreclose, payments going to the wrong party, etc – it’s a mess for the bank. They don’t want it because….they get paid back 100% of the principal.

    5) Class action – Sue the Trust – The issue is the loan pool list is private to the point of no one can get to it w/o court order. That’s how you would gather the names. And even then, no one wants to do it. I actually have the loan pool list. That list has all of the names, addresses, loan numbers, even FICO scores. You would think that an attorney would love to file even a breach of privacy type of claim. Everyone I called? No thanks.

  39. I QUIT.
    MY ATTORNEY (CONTIGENT) SAID FED DISTRICT MAGISTRATE IS GOING TO ALLOW BOA DISMISSAL. MY ATTORNEY DOES NOT HAVE RESOURCES AND WILL NOT FILE AN OBJECTION. HE SAID POSSIBILITY FOR APPEAL BUT HE CAN’T DO IT ON A CONTINGENCY.
    BANKSTERS ‘WIN’ AGAIN BECAUSE WE DO NOT HAVE ANY $$$.
    GIVING UP AND GOOD BYE WITH ALL THIS CRAP…

  40. @hman
    “What about contacting the attorneys and offering to be a witness to help support the investors. 1st hand testimony in exchange for the investors signing a quit claim?” Good question. Investor lawsuits so far have not aligned with homeowners except in maybe one or two instances. They are hung up on shoddy underwriting meaning homeowner got a loan he wasn’t “qualified” for – ignoring that he got a toxic surprise surprise loan he couldn’t “afford” a day or a year or five years later because it was structured to make those very investors more money thus no mods allowed.

    I share the same frustration that you do about not being able to research “proprietary” info without big bucks (ought to be a law this info is made public – the info is at the root – of who is beneficiary and how much is owned beneficiary and is there a true default to beneficiary – it’s not “irrelevant” to homeowners who owe “someone” as banksters and securitization engineers have bamboozed judges and govt and everyone else into thinking). I guess various securitization auditors including Neil have access to at least some things….honestly some homeowners cannot afford even the certified mail to serve a pitiful pro se case even if well researched…god forbid the follow up in the courts. (And it doesn’t mean theyare a lost cause to ever be able to make payments again to true creditor and therefore do not have the right to fight)….heck many of these homes could be rented out by the delinquent homeowner for the payment – if powers that be didn’t require them to stay put owner occupied for mod ect- the home is still a valuable asset in that regard and still owned until point of sale…If broke in America today you lose the right to the rule of law – maybe that is how it always has been and no one ever gets it until there but for fortune….

  41. Joann and John S

    Please explain more about how to research the CUSIP. I have this on the wire I got at closing and having been trying to research it for months. I don’t have a Retuers Emax account. Any other way? Does a title company have access to this database?

    I’d love to have this info for my own case in which Deutsche is claiming to be “the investor”.

    Also, why go after the investor? Shouldn’t we stand with them? I have googled my trust and have found 2 companies that purchased bonds and are suing for fraud/disclosure etc…What about contacting the attorneys and offering to be a witness to help support the investors. 1st hand testimony in exchange for the investors signing a quit claim?

  42. wise to pay heed to Nick wooten… alabama may not be known for highly publicized cases, but the alabama legal area has a rich history and is to be respected ,there have been some brilliant lawyers that have been involved in and with cases not directly “alabama bound”
    go nick!!!

  43. @John S

    you said: “I will ask again. Why not name the “investors” in any suit?”
    Interesting question. I second it.
    you said: “WHY NOT? Anyone?”

    And I understand you to mean not the “investors” as in name of trust but actual list of actual certificate holders…didn’t know this existed in public. Have cusip – going to take a look at TR emax – do you need a subscription? Will find out. It will be interesting to see how many owners are left or – if trust is even still in operation. Wish there was a way to find this out.

    Also I am curious why some enterprising homeowners’ attorney or group of attorneys doesn’t just sue an entire trust or list of trusts on behalf of all the mortgages “supposedly” transferred to that trust at any time in the past and “supposedly” still in the trust today. (Big old class action). Maybe the expense is too much to bear. Investors with deep pockets list trusts in their lawsuits (see long list recently filed against JPMorgan by Gibbs & Bruns LLP for 95 Billion worth of possible put backs – not kidding). Why can’t homeowners do it as in “you don’t own or hold the “mortgage” in this trust or trusts and if you do how much is owed?

  44. Hey Enraged, I’m inclined to believe that just one Fallbeil placed next to Wall Street’s bronze bull or maybe in Zucotti Park would suffice at slowing to a trickle the malfeasance running rampant. That is, if it was used at least weekly. Maybe daily, just for fun.

  45. Neil said: “Even if he say “I represent U.S. Bank” the same objections would apply after he makes his first argument of “fact” rather than law. It is the same as the “default.” How does he know that a default has occurred. What contact has he had with the creditor? Who is the creditor. How do we know the creditor has not been satisfied and that the note and mortgage are therefore satisfied? We know that the servicers and others are trying to sneak in under the umbrella of the note and mortgage when their claim, for themselves, has nothing to do with the note or mortgage.”

    See Glarum v. LaSalle Bank National Association as trustee for Merill Lynch Mortgage Investors Trust, Mortgage Loan Asset-Backed Certificates, Series 2006-FFI, No. 4D10-1372, slip op. at 1 (Fla. 4th Dist. Ct. App. Sept. 7, 2011). “LaSalle’s summary judgment evidence was insufficient to establish the amount due to LaSalle under the note and mortgage.” http://www.4dca.org/opinions/Sept%202011/09-07-11/4D10-1372.op.pdf

    (US Bank successor BofA successor LaSalle)

    Even when the trustee bank rep hand over the goods – the source of the goods matters – 3rd or 4th party party servicer computer transaction records not enough (frequently contain errors and are not accurate as to the true amount owed beneficiary straight from the horses mouth). Just wondering how to make the point to a judge – compel discovery of servicer and all other payments to trust – compel discovery of true balance owed trust today?

  46. Do you get the feeling that, after years of scrambling to understand what was going on, all of a sudden, everything is finally unraveling?

    I think we’re getting to the bottom of it.

    I’d like to see a few attorneys permanently disbarred. Jailed, even, if it is possible… Have we started building “Foreclosure Correctionnal Facility”, yet? Better rush! Those guy are getting pretty ripe…

  47. LSI – LPS – MERS – FIDELITY – SERVICELINK (SERVICES, SUB-SERVICERS) 220,000 OF THEM

    Fraudclosure Mill- Just Who Is Your Client Anyway? READ DEPO ATTACHED.
    EXAMPLE OF ‘PLAINTIFF LAW FIRM’ ZUCKER GOLDBERG ACKERMAN LLC ‘ROBO-FIRM TOP ONE IN NJ.
    DEFENDANT’S ATTORNEY DENBEAUX INVERTIVEWS MICHAEL ACKERMAN LLC ‘SUPERVISING ATTORNEY’ OF FORECLOSURES…

    THESE ‘SPECIAL’ REAL ESTATE LAWYERS/BROKERS ARE ‘SERVICER’ ARE SERVICER ARE SERVICER ARE SERVICER ‘INDEPENDENT CONTRACTOR’ WHO
    FILE DOCUMENT STO FORECLOSUE ‘TAKE ASSET’ TO SATISFY CURRENT DEFAULT, CURRENT DEFAULT (ESCROW PAYMENTS NOT ADVANCED FOR INVESTMENT)
    HAS NOTHING TO DO WITH A LOAN!!!!!!!

    I WENT TO VISIT ‘ADAM DEUTSCH’ WHO IS SECURITIES EXPERT AND WANTED TO DISCUSS CASE.
    FOUND OUT ‘ZUCKER’ DISMISSED WITHOUT PRJUICE
    Author: Matthew D. Weidner, Esq.

  48. Joann,

    Funny that you mentioned going after the heads directly. I raised that issue a couple of days ago: why have none of the lawsuits named directly Moynihan, Dimon and the other CEOs?

    Apparently, there is a very complicated procedure to follow but… I sure a hell would like to see those guys incommodated with depositions, trials and such. Especially knowing that, with some crafty fraud allegations, whatever D&O insurance company affords them coverage would have to… disclaim coverage.

    They would be out of their own pocket. No, let me rephrase. They would be out of ours… We’ve already paid their defense costs, haven’t we?

  49. Oh my God!!! The built-in conflicts of interests!!!!!!!!!!!!

  50. In our case, the lawsuit was filed in the name of the alleged investor. However, when I asked the foreclosure attorney who represents the investor she said she did. When I then asked who represents the servicer, she said she did. Never mind about the inherent conflict that the servicer owns the junior lien (who was not named in the suit) or that the investor’s interest is distinct form the servicer’s. When she refused to talk settlement I went to the investor. Now, it’s settled.

  51. It’s incestuous: WAMU Bank FA originator, WMB sponsor seller- custodian- servicer, master servicer, default collections servicer, WMAAC depositor, WAMU Capital Corporation underwriter, WMMSC securitizer , California Reconveyance Company(wamu/chase owned) deed of trust trustee, now all “owned” by Chase purportedly “successor in interest by way of PURCHASE”.

    Each of these entities have specific roles and ought be sued separately by homeowners and investors only the same guy appears in court wearing whatever hat he decides to wear that day.

    Maybe we should just sue Mr. Dimon and get on with it already. He has deep pockets doesn’t he? He said so. Homeowners and their attorneys need to watch their back in court. Judges still pretty much equate “Bank” to be anyone holding up that moniker and homeowner owes “Bank” don’t they? Who’s the “Bank” never gets questioned.

  52. What about when your servicer denies to answer the question of who is the “creditor” under the FDCPA definition. They just dance around the question and say “Deutsche Trust Company blah blah blah is the current OWNER of the loan. This does not answer the question of who is the “creditor”. My servicer did say my original lender is the lender who is on my DOT, however.

    So in the PSA it stipulates that Deutsche is the Trustee on behalf of the investors. However the MERS database shows Deutsche as the “investor”. So it’s not exactly clear wtf Deutsche is in this transaction.

    When they come to foreclose will it be the servicer or Deutsche?

  53. Neil & Community

    I will ask again. Why not name the “investors” in any suit?

    Assumption – Non agency loan, Countrywide was MBS originator. BofA is servicer. BONY is trustee of the MBS. There are “owners” of the CUSIP’s that make up this debt. They can be found (Thomson Rueters emax system). You will find names like TIAA in the ownership list.

    So you file suit (plantiff to defend non-judicial foreclosure for example) – regardless of claims – name TIAA as a defendant.

    WHY NOT? Anyone?

  54. Chairman Issa Issues Subpoena for All Countrywide VIP Docs, Lawmakers got “Friends of Angelo” loans – 2011-12-19 23:41:00-05

    http://stopforeclosurefraud.com/2011/12/19/chairman-issa-issues-subpoena-for-all-countrywide-vip-docs-four-lawmakers-got-friends-of-angelo-loans/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+ForeclosureFraudByDinsfla+%28FORECLOSURE+FRAUD+%7C+by+DinSFLA%29

    WASHINGTON. D.C. – In December of 2008, House Committee on Oversight and Government Reform Chairman Darrell Issa (R-CA), then the Committee’s Ranking Member, launched an investigation into Countrywide Financial Corporation’s infamous VIP and Friends of Angelo Program that exposed the inner workings of Countrywide’s efforts to buy friends in critical government and industry positions affecting […]

Leave a Reply

%d bloggers like this: