CONGRATULATIONS TO THOSE WHO FOUGHT THE BANKS IN 2011

BY NANCY KOERBER

Because of your hard work and support this year hundreds of families are “home” for the holidays that would otherwise have been kicked to the curb by the Banksters. And because we are standing together, we’ve sent Bank of America, Wells Fargo, Chase and the others something better than coal this year: hundreds of court cases across the state challenging their fraudulent practices and exposing them in the courts and media!

2011 was a year of victories as homeowners, small business owners and community members united in action to hold Big Banks accountable, stop foreclosure, and bring our money back to Main Street!

We have so much to be proud of this year! Here are some of the things we’ve achieved together:

  • Stopped Big Bank sponsored legislation
  • Helped to set landmark legal precedent that dismissed 75% of pending foreclosures in Oregon
  • Educated and empowered more than 800 homeowner families
  • Participated with Occupy Wall Street in National Move Your Money Day Nov 5th that resulted in 700,000 big bank accounts being closed
  • Brought together lawmaker allies from the left and the right to address foreclosure in Oregon, and kept hundreds of homeowners in their homes!

We are so powerful together! And this is only the beginning. We know the Banksters will be back in 2012 pestering our legislators, serving foreclosure notices to thousands in our communities and cheating our counties out of urgently needed revenues. But we’ll be ready for them. Your support helps fund our research and legal strategy, education and outreach to protect Main Street, hold the banks accountable and bring our money back in 2012!

Here are three simple things you can do right now to hold the banks accountable:

  • To make your year-end Tax Deductible donation to Good Grief America, go to our website here and choose a donation option on the right hand side. We need to raise another $2,000 by December 31st! Your donation today of any size will help us reach our goals and continue our work!
  • Join our action network to get updates on campaigns throughout the year! Click here to “like” our Facebook page or follow @GoodGriefa on Twitter!
  • Share us with your friends and family – help us spread the word to stop foreclosure and holds Big Banks accountable. Share us on Facebook, Twitter, or just forward this email!


Thanks for being part of solutions for Main Street America!

Wherever you are celebrating this holiday season, we wish you and yours the very best!

Happy Holidays 
and Happy New Year!

43 Responses

  1. well.. have bad news about my brother property… seems the corrupted judges did it again…this judge accepted the forged note, mortgage docs as good and granted the FINAL JUDGMENT and final foreclosure sale next month 10am.

    even presenting robo – signed proof and EVEN having officer signature the same day of our assignment was forged, as vice president with different company,SAME DAY , MONTH , YEAR

    and also as i posted before , found one document showing FORECLOSURE ATTORNEY ACTING AS MERS VICE PRESIDENT 2 times……..well seems all this is LEGAL NOW .
    notary and officer are not the same signatures on documents…

    with all this anyway we are having this illegal sell.

    seems bank money is talking here…

    i will be posting all my personal investigation soon, may be someone can use it to punish this thieves… or at least protect his property

    sometimes we learn the hard way……..

    thank you for your responses..

    take care

  2. hi again..

    lot of question raised now…..

    its correct (legal) that the same foreclosure bank lawyer and associate signed as Vice President of MERS (mortgage electronics registration systems ),a few months before our assignment ?

    i was looking for some signatures and by accident saw the same lawyer listed acting as vice president in 2 documents…..

    if not ,how can it help or can be used in the process ???

  3. Jan van Eck :

    thank you for taking the time to respond . 🙂

    and thanks for sharing your knowledge , we asked two lawyers and one told us” you only have 10 days to respond to the foreclosure sale , after is nothing you can do.”… the other one almost the same, “too much time has passed so nothing to do”.

    i think we need the correct person (lawyer) to help us, ….
    with this advice you gave me i think we have something to start….

    will take this to the lawyer offices who took the foreclosure defense in my other brother case….

    will keep updates of this two cases because people MUST KNOW about all this ,since is a lot of confusing info in the internet..

    .im glad there is something we l can do to make this thieves return what they stole…or at least try to…

    im not giving all names of this lawyer and bank lawyer because WE WERE TOLD THIS BANK LAWYERS CHECK THIS WEBSITE AND OTHERS !!!

    SO WE HAVE TO BE CAREFUL OF THEM…..

    thank you

    best regards.

  4. to Albert:

    You inquired if there was anything you could do as you only discovered the fraud now and the time it took place was years ago. A number of other Posters made come comments. I would advise that, if the notarial signatures on the “Assignment” and the “Substitution of Trustee” are fraudulent, then the documents themselves at the very least are “unperfected,” and more persuasively are an “Uttering,” the manufacture of an Instrument for the purposes of advancing a fraudulent purpose. Such instruments are in my opinion void “ab initio,” void from the inception. As to the “sale” of your property, a third-party cannot sell what it does not have perfected title to, period. Hence the so-called “sale” is void (and not “voidable,” which is a nuance that you do not need to get worried about here).

    This does not mean that your “obligation” vanishes; it does mean that the parties that sold off your house had no right to do what they did. Sadly, that type of rough behavior has been common enough. I see several approaches: (1) sue any of the people in the chain, including whoever lives there now, for “entry and detainer,” and demand that they leave and pay you the “imputed rent value” for the time they were in possession of your house. Imputed rent is what it would have rented for on the open market. (2) sue the person who sold the house for damages, and ask for exemplary damages of eight times the value of the house. (3) Sue the law firm for venal acts and damages, again for eight times the value of the house. — Your “Obligation” on the Note, assuming the Note is valid and not paid by some credit-default swap insurance (it probably has been fully paid by sureties), will continue, but that debt is not to these people. Since the damages are worth a lot more than the house (or the Note), if the Note is “proved” as a current Obligation then you can pay it off out of the proceeds of the Judgment.

    Since your house is in Florida, notice that under Florida Law the “Note” has to be deposited into Court in exchange for the Judgment. This is to take the Note out of “commercial circulation,” so that you do not have to pay it twice. I bet you a cheeseburger the Note is not in the court File. Since it is not, the Judgment could not be enforced, and these people had no right to sell your house off. So you can bag them with this fifty-pound bazooka.

    You should not face an “adverse possession” claim on your land until fifteen years have passed; check the State Statutes to be sure. With adverse possession, you will have further problems; you can lose your right to land if another takes possession in an “open and notorious” fashion, and excludes you from the property. The typical example is a neighbor who builds a fence on a piece of your land, by mistake. It could also apply in this case. But that time frame has a while to go before it will affect you. So sue the bums.

  5. Mortgage Servicing Fraud is defined as the making of false statements and/or filing false documents to obtain a homeowner’s property and equity. This is accomplished by using any of the following tactics:

    http://www.msfraud.org/law/lounge/lounge.html

    ” Always keep in mind that your case is also a plea for higher ethical and judicial standards and carries with it a message:

    “Homeowner’s will not be intimidated or manipulated by a corrupt corporation’s financial power, political influence or judicial trickery.”

    The courts must follow and properly apply the law and make it clear to corporations; Corporate corruption in America is a bad thing and the punishment for their crimes will far outweigh any and all ill-gotten profits. “

  6. @Lisa D , .Enraged
    (sorry for my bad English 😉 ,)

    thank you for your responses,

    well we just to live in this house when all started, bank increased the monthly payments for no reason, then work was slow…my brother missed some payments and bank not willing to negotiate sent the summons, etc etc from this SHAPIRO & FISHMAN

    but at that time we didn’t know about all this people and fraud…..my brother left the house before the sheriff was sent in order to avoid the kids see how they put all our personal stuff outside (bank staff stole tools, kitchen stuff ,laundry machines , lot of garden tools ,they took the shower!! ,one laptop, etc) we found one day around 5pm two persons in the house taking what ever they found!! ….

    anyway….my brother went to court without lawyer , judge asked him what he wanted to do..” i can give you 2 months to see what you can do or you just give up” …he took the 2 months , but lawyer told him this SHAPIRO & FISHMAN firm was to powerful and there was nothing to do …. few months ago he received a call from this lawyer to call him URGENT but he did not trust him anymore after all this…..

    so house was sold and im not sure but there is a document from 2010 finishing the case..and im thinking they sold the house when my brother still the owner or was the owner.

    ——————————————————————–

    how we notice this people were in the documents and after all this years?….well…..

    i have another brother confronting foreclosure after 3 YEARS !! of negotiations GMAC SOLD the loan to one of this Oklahoma “bank”.

    the bank never stopped this foreclosure as they told him.but of course they took the money.. lawyer told him payments were NOT RECORDED

    …something was strange because the lawyer made a big mistake he sent 3 different versions of the MORTGAGE AND THE NOTE!! one with stamps and signatures, scanner marks, one very clean as a word document just printed, the other one with one stamp (original copy)….

    so started to search and found a lot of signatures from notary and banks officer signing for ALETHES , IRWIN MORTGAGE, GMAC,DHI MORTGAGE, ETC like 15 different banks almost the same days or one month in one and next month other switching back to the original…..

    —————————————————–

    so looking my brother documents , i notice they were blank, no signatures ,no notary etc ….we searched public records and signatures were there…weird right….

    and then i found this extremely good websites , giving people advices and educating us about this tramps…

    THE SECOND CASE , my brother is thinking about take the services of Jon B. Lindeman, Jr.,offices the Advocate Law Groups of Florida, P.A, as this website recommended, i hope they are not like the others we met and just take the hardly earned money …………..will be posting how it goes with them.

    thank you again ,
    wish you the best this new year .
    i hope we can do something about this house.

    Regards

  7. @Enraged

    In his original post Albert stated that “this property is in florida” … I believe that Florida is a judical State (or at least it pretends to be).

    That said, I would think he has a very good case for Fraud and Uttering (Treble Damages???).

    Also, do you know why lawyer’s can’t take Viagra … because it only makes them taller 🙂

  8. Enraged

    This is why at the first start of foreclosure, or notice of default, when someone claims you owe, non-judicial state borrowers must get an action into either BK or federal court. (TILA AMENDMENT violations). Any fraud by an Officer of the court — including attorneys — may be construed as fraud upon the court. Non-judicial state borrowers MUST act. If they do not act, then they have abandoned the protection of the court. They need to involve the courts.

    And, fraud produced in courts — is massive.

  9. @Lisa D.,

    I believe you’re right. However, in order for “fraud upon the court” to exist, it must have been committed “upon the court”. I wasn’t being specific by design because the question didn’t specify how Albert’s brother had lost, i.e., whether the loss resulted from a court action or a simple non-judicial foreclosure. In that case, if the court wasn’t involved, there was no fraud “upon the court”.

    That, anyway, is my take on it.

  10. @Albert,
    I believe that there is no statute of limitation with regards to “Fraud Upon The Court”.

  11. @Albert,

    Usually, when fraud has been committed, state laws state that the statute of limitation starts running from the date the fraud was discovered or from the date it should or could have been, had the person used reasonable diligence to discover it.

    Mortgage fraud wasn’t discovered until the firts infamous 60 minutes. You should be good for a little while but you need to document, document, document. And, again, time is of the essence. Check the statute of fraud in your state.

  12. Jan van Eck: thanks for your response…

    but , can we do something now? this happened 2 years ago with this bank ECM ..also chain of title seems to be wrong..and JPMORGAN is involved …

    do you think we can have a case to recover this house ?

    thank you

  13. To Albert:

    If the Notarial signatures do not match others that you have located then either (1) the signature on your document is falsified, or (2) the signature on the other document is falsified. There is one place that the “true original” signature will be found: on the Notary Application on file at the Notaries Section of the Secretary of State where the notarial commission was obtained. Also, the Notary will have obtained a Bond, from an insurer such as Travelers Insurance, in order to obtain the right to be a Notary, and the notary’s true signature will appear on that document 9the Bond Application) as well. These two documents will be on file in the Notaries Section. You should be able to buy “certified copies” of these documents for about $10 each. You need to have them as “certified” copies, as a certified document is “self-authenticating” in any Court.

    If it turns out that the signature you obtain from the Secretary of State is not the same as the one on your (undoubtedly robo-signed) “Assignment of Deed” or “Substitution of Trustee”, then you have them cold. They have manufactured documents for the purposes of litigation. Having done so, they have come into Court with “unclean hands” and, pursuant to the Supreme Court case “Keystone Driller v. General Excavator,” 290 US 240, “the Court House doors shall be shut against them in limine, and their cause shall not be heard.” Their case is kicked out, and your case wins.

  14. E. Toile,

    Well, if my butt is going to get completely flattened out from those hours sitting in front of that damn machine, might as well be for a good cause, right?

    I’m not getting paid much but, by golly, I’m having a good time! Maybe one of these days, someone will offer me a real job…?

  15. @ Enraged, that is great news. Good going. And who would have thought that all this time we should have been Occupying Enraged?

    I’m proud of you, that’s getting her done! That’s something the 1% would never understand, and it’s also the very reason they will fail.

  16. Fantastic news!

    Holly e-mailed Mandelman about her story yesterday as advised. He called her, listened to her story and wrote about it.

    He is also getting Max Gardner involved.

    I’m going to post this news everytwhere for people to understand that mobilizing is the only way.

    Check out Mandelman Matters. I posted his site on another page but. for some reason, “moderator” won’t let it go through.

    Sheesh!

  17. Lifts cup to E.Tolle….

  18. @ usedkarguy, yeah, you’re being a tad bit rough there, but it’s probably time for everyone to realize the score. It’s late in the game, and the other side’s playing way rough. There is no longer any justice, the lawyers will say or do anything to rob you blind, the judges don’t rule on the law, the legislatures have systematically and methodically repealed everything that protected anyway, and odds are the vast majority of us are going to lose our homes, but not until losing everything else not tied down.

    There’s not a damn thing here that wasn’t planned out well in advance. It’s the perfectly oiled asset stripping machine, built and set into motion by Wall Street and D.C. What great collaborators they are. Why else are there not any shouts about the injustices coming from congress or the administration? It’s eerily silent on the Hill. You can hear a homeless child whisper.

    “Authority founded on injustice is never of long duration.”

    Their over-reach can only result in collapse. They weren’t happy as millionaires. They wanted more. Death to Wall Street. Fuck ‘em all.

  19. Holly,
    I filed a petition pro se for a TRO and got thirty days! I will email you my petition so you can customize it for your case. You’ll need to put in the correct jurisdiction at the top, your name address and loan number, your sale date etc., but it should work. email me and I’ll send it as an attachment. jamaclaypod@comcast.net
    I had been seriously ill–unemployed–no money for an attorney, but I fought them and won.
    Don’t you dare give up! And you can file bankrupcy right up until the day of eviction and defeat it in GA, so you probably can there too. A lot of people sound like they know what they’re talking about but they don’t always.
    Once you customize the petition, get it filed and stamped and serve the opposing counsel and the registered agent of whoever is named as the creditor in your notice of default. If you can get an attorney to look it over before you file it, you’ll be better off, but if you can’t, just file it and stay in your home. If you have MERS in your paperwork, you will be even more likely to beat these house-stealers!

  20. Thank you for the information and I totally understand your feelings. It is very scary, frustrating and nerve racking and we all have our days where we want to give up but I’m a fighter and will fight til the very end especially with everyone helping me. I appreciate everyone’s help with the knowledge that they share with me. It’s helping. I now bought my self at least two or three more weeks and will continue to research, file everything I can with the courts, write every one I can and fight til I get the answer I want and my house back. So thank you everyone.

  21. holly, go to your local sheriff’s department web page and see if they post the sheriff’s sales. also check the court records (online if you can) and see if there has been a confirmation of sale hearing. Fannie can tell you anything they want, but they have no control over Wells Fargo if Wells is determined to take the property. If you have been paying for twenty years and have 10 years left, they want to steal the house for sure! Hope this helps. I re-read my post. Sorry I’m so (-) NEGATIVE. I just want you to understand what you are dealing with. You sound like a nice person. We all are. The people we’re dealing with ARE NOT. Just keep that in mind. My attorney thought she was dealing with a “nice guy”, too, until he tried to bushwhack her. They’re criminals, I tell ya! CRIMINALS!!!

  22. my brother lost his house around 2 years ago, we looked for some info and found LIQUENDA ALLOTEY VP and MARK BISCHOF NOTARY

    IN THE ASSIGNMENT OF MORTAGE…this 2 are one of the big fraudulent robo-signers….. and law firm is the one under investigation SAPHIRO & FISHMAN , LLP also notarized in DAKOTA and this property is in florida…some other details exist….. of course NOTARY SIGNATURE IS NOT the SAME IN DOCUMENTS FOUND in ” findthefraud.com ”

    my question is….can we fight back to recover this house sold with fraudulent documents 2 years ago????

    we did not know this people were in the documents

    thank you

  23. my brother lost his house around 2 years ago, we looked for some info and found LIQUENDA ALLOTEY VP and MARK BISCHOF NOTARY
    IN THE ASSIGNMENT OF MORTAGE…this 2 are one of the big fraudulent robo-signers….. and law firm is the one under investigation SAPHIRO & FISHMAN , LLP also notarized in DAKOTA and this property is in florida…some other details exist….. of course NOTARY SIGNATURE IS NOT the SAME IN DOCUMENTS FOUND in findthefraud.com

    my question is….can we fight back to recover this house sold with fraudulent documents 2 years ago????

    we did not know this people were in the documents

    thank you

  24. Freddie Mac has agreed to lift the eviction for now and let us rent our home back. They said they have to send an inspector out to make sure it is up to code to rent. they said someone would contact us in a week or two to inspect it. I figured that it gives me more time to file something in court on my own. Wells fargo did send me some paperwork today that I requested but of course would not send everything they said they would need a subpoena. I am going to keep searching and see what I can come up with. I wish there was someone I could fax my loan docs over to see if there is any fraud in them that I can file a lawsuit in court. I will keep searching the web and see what I’m looking for. Thanks though for all the encouregment and all the help. I really do appreciate it. I’ll keep fighting.

  25. Enraged: the holidays are over January 2nd. She doesn’t stand a chance. It’s nice to see guys like you taking an interest. I’m just too damn tired to care anymore.

  26. holly: it seems you are operating under some huge misconceptions.
    1) the bank will not send you ANYTHING related to the transaction. Only in discovery will anything be acquired. and even then, what they send you is misleading, confusing, not legible or unintelligible. Especially with financial info. YOU GET NOTHING!
    2) you mention FAIRNESS. There is nothing fair or equitable with regard to what these banks and attorneys do to steal your home. Remember, that’s what they are doing. They are STEALING. I don’t know any thieves that are fair (not even in MY business)
    3) You cannot reasonably craft a Temporary Restraining Order yourself. Not in 2 days. YOU NEED ATTORNEY REPRESENTATION
    4) You were under the impression that since a modification was in process they would not proceed with foreclosure and eviction. JOKE IS ON YOU! Maybe you can get a judge to deem this as an exercise in bad faith. Good luck with that!
    5) the first attorney told me $20,000. He knew what he was talking about. Some attorneys will take the case for $5000 with a sizable retainer ($1500) and monthly payments. But in your case, if you lose your house, are you going to continue paying? Probably not. They will want a majority on the front end.
    6) the bank will do everything in it’s power to mislead, coerce, extort, and demoralize you. Wells Fargo is a criminal enterprise. Keep that in mind when you are talking to these folks. I’m at the top: “Office of the President, Mortgage Servicing, Executive Dispute Resolution”. doesn’t mean a thing. They are all liars and thieves.
    Here, give them a call: 800-853-8516. Prepare to get jagged around. After they put on hold for the third or fourth time, the music will have you wanting to commit suicide. That’s their goal: to kill us all.

  27. Holly Niemic
    The only way to stop your foreclosure is filing a law suit in the Federal Court, your complaint most state the facts you are most likely disputed in the prior Court, do not get discourage star working in a Law Suit right now so you can bring it to Court on Monday you will pay $300.00 fee and follow the legal procedure,I did these move in New York, and It was the third time my house was in foreclosure and I prevailed
    I wish you the best luck, and God bless you
    May the Lord give you a Happy New Year

  28. Try calling these guys Lucas & Nowak,LLP. They have an office in Durham. I have read a couple lawsuits these guys have filed in Foreclosure defense area and they seem to know what they are doing..here’s the link to their website..
    http://lucasandnowak.com/

    I dont work for these guys…just had a chance to read a couple of lawsuits they filed recently when researching our stuff online. Good luck! They are selling my house on Jan 19..

  29. @Holly,

    Please don’t panic. All the big banks said they wouldn’t kick people out on the holidays. You’ve got to believe in something. Believe in that and keep working on mobilizing. When I get back tonight, I’ll send a few e-mails to attorneys asking for references in NC. Just a name to get an attorney to make one phone call. We have all of this afternoon and tomorrow to get someone involved and obtain a delay until you can regroup.

    Believe that it will work out. I do.

  30. I have been keeping notes and have everything organized in a binder. One of the biggest problems I find is no will put things in writing. when I asked if we get to stay in our home until January 3, 2012 cause freddie mac had it in the news they didn’t seem to know anything so they looked it up and said they saw it on the chicago tribune so it must be true but no one not the lawyer, not Wells fargo ever put it in writing for us. Who knows the sheriff may end up coming today to kick us out.

  31. @Holly,

    Keep going and document, document, document. Who you talked to, when, what was said. Take notes. It will all serve its purpose, even if you have that foreclosure notice.

    Don’t leave the house without having something in writing by fax from someone at Wells.

  32. @Holly,

    OCC I believe came up with a regulation stating that, while a homeowner was in mod, the bank couldn’t foreclose. If you had phone conversations with Wells in the 60 days preceding the foreclosure and you do have the proof they received your paperwork on 10/19/2011, and if those calls were place to and from your cell phone, go back to your statement and print out the list of all those calls. Send it along with the rest of the docs to your AG, OWS, your state reps and senator, the White House, etc.

    All you have to prove at this point is that you acted in good faith and you were screwed like millions of others.

    You can also find that regulation on internet. Too bad I don’t have the time to send you the site but look for it. Quote it in your e-mails.

    Good luck. Talk to you later.

  33. I contacted the AG and the person I need is out of office. I am dropping off paperwork. I did e mail President Obama twice. I have been working on this for a weeks now but always hit road blocks. just got off the phone with Paula Kingrsy from wells fargo presidential office. She said freddie mac said we could rent it back to call the foreclosing attorney which I did. The girl in the eviction department said that She was on the phone with Wells fargo yesterday and they said no one is reviewing this like they said they were and that it was actually closed the day of the sale on October 21, 2011. I have a paper in my hand from Paula Kingrsy dated last week that she was handling our case and when I called her she said that’s not true I’m in charge of it now and handling it. I said it’s not in your system then. She is now calling the attorneys office who said they only take direction from Freddie Mac. I can’t understand why they don’t do things the right way and help people stay in their homes. Still working on phone calls. Does anyone know a good attorney in Raleigh. We can’t find anyone to help.

  34. @Holly,

    Nothing prevents you from placing a call to your AG’s office today and following up with an e-mail, cc’d to your AG chief of staff. Do likewise for all the state reps and senators, regardless whether they are democrat or republican. Explain that you have a letter from Wells saying that they would look into your modification and needed the documents by October 22th. If you have the proof that they received your information on the 19th (RRR or confirmation from fex ex), scan both and send it along with your e-mail. Send also the notice you have showing that they foreclosed one day before they said they needed your docs and 2 days after receiving them. Ask the AG and the reps to intervene with Wells and help you get an extension. What has happened is scandalous! Lastly, send an e-mail to Obama at the White House. Tell your story and send along your docs. Tell him that you are in a serious bind, he promised to help homeowners and he still allows that outrageous conduct to go on unpunished and un controlled. You can find the White House site on internet. Move as much as you can and contact, contact, contact. You have nothing to lose.

    Your story is typical and it has been played over and over. People have been deliberately misled and that is outrageous bad faith. Your big problem is that all of this happens during the holidays but there is no need to panic. You have the proof in hand. Use it.

    Lastly, go on Dylan Ratigan’s website. I don’t know what it is. Send him the same thing you send your AG.

    It’s unfortunate that people wait for the last minute to act but it is never too late. So long as there is life, there is hope.

    I have to run to another appointment but I’ll come up with additional solutions later.

  35. holly niemic
    no form tro- tro is almost ONLY granted if there is a lawsuit filed,even if its filed the same day, but the tro is not a form it is a motion or application for that is brought before a judge.

  36. Legal Aids attorney said there was nothing they could do because it was to late in the game to file for bankruptcy and we need to follow court order and get out of the house by January 3, 2012. I asked if they had the TRO forms and I would fill them in myself and they said they sure don’t and don’t know where to get them. I’m still going to try.

  37. Thank you. I did write to OWS and I did contact legal aid yesterday and am waiting call back from them but will call them now. I will also contact tea party. Thank you again for all you are doing for my family. We appreciate everything very much.

  38. Holly,

    What you want is mobilize a maximum of people and enroll as much help as you can get as fast as you can. Somebody knows an attorney who can help. Be a squeaky wheel and waste no time. The first thing is to get you some time. If you can already get an extension of 15 to 30 days, it gives you a little room to breath.

    I’ll be in touch later. Don’t lose hope. The most important thing right now is to take action.

  39. @Holly,

    Between appointments, I’ve been doing a little research. OWS in Raleigh is not as well organized as Tea Party. I would suggest you also contact Tea Party. They may be able to help.

    Also, NC Legal Aid handles foreclosure defense. Get on their site, find their number and call them asap.

    http://www.legalaidnc.org/public/learn/locations/offices/raleigh/default.aspx

  40. Thank you I will do that right now. I really appreciate your help

  41. @Holly,

    Contact immediately OWS in your state. Tell them you have to be out in a short time and the sale was organized while you were working on a modification with the bank. This is a big No-no!!! I am not in N.C. but I am confident that you will find OWS has a chapter in Raleigh or nearby. If you can’t find one, contact OWS NY and explain your case. Do that TODAY. They have networks of attorneys all over the states they can put you in touch with.

    And please, never, ever post your telephone number on internet. I’ll get back to you later with other ideas but start with that.

    Also, contact asap Martin Andelman at mandelman matters. Check him out on internet. He may take a while to answer but send him an e-mail to let him know you need help. I’ll call you later.

  42. I do have a quick question for anyone and time is really of the essence since we are working with Wells Fargo as the servicer and Freddie Mac as the one who owns the loan we have to be out of the house no later then January 3, 2012.
    I have sent paperwork to Wells Fargo, Brock and Scott the foreclosing attorney, and Freddie Mac asking them to send me all the original paperwork and documents pertaining to the original loan we took out with Flick Mortgage in 2006, the transfer to Freddie Mac/Wells Fargo and everything else they have on record. We have not recieved anything yet. Who is the one who would have the original paperwork that actually has the ink Doug signed the loan with? No one seems to have it as they point the fingers at each other. We have a signed letter from Katerina Williams a home preservation specialist with Wells Fargo letting us know we had to have our information for a loan modification in by October 22, 2011 and we had it in October 19th but they took our home to sherrif sale October 21, 2011 a day before all our paperwork was required to be in. No one bid on it and it went back to Freddie Mac. The loan has been in review since then. We were told we had to sign the eviciton notice and be out within ten days or sign a cash for keys and be out by Dec 29, 2011. We now have until January 3, 2012. Our loan is under review to get rescinded since the sherrif sale and since we brought to their attention that we had that letter that our paperwork didn’t have to be in until the 22 yet they foreclosed on the 21rst. We have never had a returned phone call, e mail or fax from the preservation specialist again since October 19, 2011. The rescission team from Wells Fargo has not heard from her either. I wrote John Stumpf the President of Wells Fargo and he put Paula Kingry in charge of our case now. I asked if they could lift the evicition until the review was over because if we leave when we are scheduled to then we TRO but they said they do not have the forms there and we had to hire an attorney. I tried to find the right forms on line to do it ourselves as we don’t have time to try to find a lawyer to do this. Although we did make several calls to attorneys yesterday everyone is busy or they don’t do that. I have several that I hope to hear from today but I would like to file something to stop the evicition. I do see MERS in our contract from Flick Mortgage. The original not holder of our loan. I really don’t have a lot of cash to hire lawyers right now. I was looking on line at one lawyer who has had success in fighting the banks and I did call him and leave a message but was reading some one’s post who used him and it cost him $10,000. I don’t have that kind of cash right now. Does anyone know where I can find the forms I need to file a TRO with the courts in Wake county, Raleigh, North Carolina? Also, what else do I need to file. Is there any other help anyone can give me. My phone numbers I can be reached at are (919) 488-4065 or (919) 427-9452. My fax is (919) 848-9803. I am desparate right now. I don’t know how they can make you get out of the house that you only owe ten years on when it is under review and then if you do get out then your review ends. It doesn’t seem fair and the more time they take the further you get behind in your mortgage. They were suppose to esculate the review process but it doesn’t seem they are doing anything but waiting for the date to come that we have to move out. The foreclosing attorney is no help to us and keeps telling us there is nothing they can do and we have to go thru customer relations. Please help me if you can. I would really appreciate it. Holly

  43. Thank you for all your hard work and dedication! As soon as I”m done fighting my battle I will whatever I can to help.The resources and the knowledge that you have provided has been what I needed to try to keep my children in the only home they have been known. I only have a couple more days til we have to be out but that’s a couple more days to keep fighting. I’ll fight til the end. Thank you!

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