Putting Up a Fight Means Staying in Your Home, Sometimes for Years Without Payment

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EDITOR’S COMMENT: It’s no secret. Homeowners who have been willing to take on the banks have been staying in their homes for years without making payments. They do it with letters and legal challenges of all sorts that make it difficult if not impossible for the Bank to process the foreclosure. Faced with denials of delinquency and other challenges, the Banks seem to be putting these challenges in another pile as they pursue the low-hanging fruit of people who simply believe that because they didn’t make a payment, and who believe the payment was due, are leaving the keys on the kitchen counter and even cleaning up for the Banks that are illegally foreclosing on their homes.

The more information you have, the easier it is to put up a credible challenge. Of course I would strongly advise you to at least consult with an attorney licensed in the jurisdiction in which your property is located. But you can’t argue with success. These people are recovering their losses by non-payment of a questionable mortgage loan. Each month that they don’t pay that $2,000 payment is another month where they keep the money and the house. And the longer they persist, the more likely they are to get the benefit of changes in the judicial system where it is slowly being recognized that there is something fundamentally wrong with both the mortgages and the foreclosures.

As a pilot, we are offering from an anonymous bank fighter a package of letters he has used with varying degrees of success — extending the sale and eviction by months  or years. By doing this, we are not advising that you do it, or even that it will work, much less that it presents an effective legal strategy. The truth is we don’t know what these letters do if they ever become the subject of court scrutiny. If you want to take a shot look at LAYMAN PACKAGE OF LETTERS. As the author of these letters explained to me, the appeal of this approach is that it is cheaper than a U-Haul.

See Full Article on CNN.Com

NEW YORK (CNNMoney) — Delinquent borrowers facing foreclosure are learning that they can stay in their homes for years, as long as they’re willing to put up a fight.

Among the tactics: Challenging the bank’s actions, waiting to file paperwork right up until the deadline, requesting the lender dig up original paperwork or, in some extreme cases, declaring bankruptcy.

Nationwide, the average time it takes to process a foreclosure — from the first missed payment to the final foreclosure auction — has climbed to 674 days from 253 days just four years ago, according to LPS Applied Analytics.

It takes much longer than that in Florida, where the process averages 1,027 days, nearly 3 years. In D.C., foreclosure averages 1,053 days and delinquent borrowers in New York often stay in their homes for an average of 906 days.

And while some borrowers are looking for ways to make good with lenders and get their homes back, many aren’t paying a dime. Nearly 40% of homeowners in default have not made a payment in at least two years, according to LPS.

 

96 Responses

  1. Approaching six years now, absolutely yes! The entity suing me admits they are not owed money from me yet want to continue case. Hmmm, what is wrong with that picture?

  2. Incognito123 are you still fighting in Fl?

  3. @Chris if still fighting Hunoval please let me know I beat them and can help you beat hem too. leave me an email here I will write back.

  4. Enraged: I’ve discovered that too. If I post more than one link in a single comment, I get “moderated”. Maybe its an anti-spamming thing?

  5. First Magnus Financial filed bankruptcy in 2007. Does anyone know what happen to their assets. Any information on this company would be greatly appreciated.

  6. @Enraged at 4:54

    Naw, that’s not it! Neil needs time to check the IP address you post from, to be sure you aren’t at a state mental hospital or if you’re a BANKSTER! (And I think sometimes he goes to the links in the post and gets sidetracked watching utube videos on autoplay.) (I know I do.)

  7. @incognito,
    Excellent point you made: We have one major ADVANTAGE in being a pro se litigant…we don’t have to worry about DISBARMENT! I think that’s why Chases’s lawyer quit the case after receiving my letter. I wrote him and laid it out on the line that he was involving himself in another fraudulent foreclosure and that for his lack of candor toward the tribunal, I would pursue sanctions.
    I find it satisfying that Chase had to cough up another retainer.

  8. Chris-
    New Century blew up in 2007, if I recall correctly. So even thought your loan was made 2/27 in ’07, New Century may have already been in so much trouble that they were not able to dump your loan and thousands of others into the pipeline. They were getting hit with so many buyback requests that they folded. Also, ridiculous as it seems, they may not have been able to pay their MERS bill, so that they couldn’t use the system. But the securitization scheme was enabled by MERS, so without it? Check your docs, look for missing MIN #s, or numbers with 17digits instead of 18. And MERS can only be a conduit where both assignee and assignor are MERS members. Some of these foreclosure mill atttys are so dumb it’s pathetic, but these are some of the things to look for.

  9. @banksterslayer#301
    YOU are your best advocate, hands down. If You MUST hire an attorney, use the time wisely to educate yourself so you can take over your case as soon as you can. Not easy, but it can be done!

    @Chris
    PURPORTED loan, as you were not lent money. You (& all of us) have been deceived for years. Google “Fed Reserve Con Job Dylan Ratigan MSNBC” as a simplistic start to understand what I am saying. Research from there!!

    To all –
    KEEP FILING LEGITIMATE WELL DOCUMENTED COMPLAINTS AGAINST ALL JUDGES, ATTORNEY’S, CLERKS, NOTARIES, **ANYONE** DOING **ANYTHING** WRONG IN **ANY** WAY!!!!!!!!!!!

  10. @Cindy

    I raised them in my BK 7 in an adversary proceeding. BK court is a Federal Court so my complaint was accepted as in the proper jurisdiction. However, a Chap. 7 is not the place to save your home from foreclosure. There are options, I believe, in a Chap. 13. Steve Vondran is a lawyer in CA and very well regarded in foreclosure defense. I found his site very helpful for with regards to how foreclosure defense works with regards to bankruptcy. I know it is very difficult to remain emotionally neutral under the dismal circumstances, however, your ability to function at your best is when your brain can be totally focused on the task at hand. We all just need to keep fighting these white collar criminals!

  11. @ I

    The loan was dated February 27, 2007. I have yet been able to find it.

    I wonder if the loan was ever funded?

  12. Anybody near Albany NY,anybody know of a Lawyer versed in this debacle/holocaust….?Stories,we got stories…not too many listening…yet….it’s way too beyond belief…..

  13. Marc Dann (former Ohio AG) advised everyone on his Mandelman interview to call AGs repeatedly and to also call their chiel of staff. In his opinion, we should all e-mail them and blow their servers with complaints.

    I believe Mandelman even put the list of all the AGs with phone numbers and e-mail addresses.

    Speaking about which…

    For those of you who like to post links, i finally figured out why, sometimes, Livinglies moderator takes our posts under advisement for days on end: it does it when we post two links at once!

    Better put 2 different posts than one with 2 links. Maybe it’s how the site was set up…

  14. When the Eaton case is handed down, it will be all over for them. If I were a betting Man, I would bet that the SJC affirms the lower court. The question is; is the SJC going to disturb over 200 years of logic and black letter law so the banks can steal our homes. I think not. I believe our Justices understand the Ponzi scheme this truly is and will not reward them for their wrongdoings.
    See, Bigelow v. RKO Radio Pictures, Inc., 327 US 251 – Supreme Court (1946), “The most elementary conceptions of justice and public policy require that the wrongdoer shall bear the risk of the uncertainty which his own wrong has created”. See Package Closure Corp. v. Sealright Co., 141 F.2d 972, 979. That principle is an ancient one, Armory v. Delamirie, 1 Strange 505.

  15. chris- you say you have Ocwen/New Century, the “NEW” New Century has disavowed anything to do with the defunct New Century in DE bk court. When was your loan dated, New Century may/may not have transferred loans/servicing rights legally. If legally done, would need permission from BK trustee, naming loan pool w/ mortgage loan schedule of mortgages in that pool. If illegally done, (assets sold/hidden within 3-6 mos of BK filing) then this would be a fraudulent conveyance, rendering the note unenforceable.
    Scott Anderson- lambasted by Judge Schack (NY), ordered to appear in court with 4yrs W-2s or 1099s to prove who he worked for, as in who was paying him. Didn’t show up, homeowner got 380k house, case dismissed with prejudice.
    Nye Lavalle over at Pew Charitable Trust or Pew Mortgage Institute, has identified 42 different signatures of Andersons. He was deposed in absentia, his lawyer answering all questions on his behalf. After looking for him for over 2 years, i don’t think he exists as a person. I believe that Ocwens CEO, Paul Koches, serves on the FRB Consumer Advisory Council, or similar, along with Richard B. Litton, of Litton Loan Servicing. Nice, huh?

  16. Bob M, I love it–No surrender, no retreat! “…we shall not flag or fail. We shall go on to the end…”

  17. Ahhh, yes Bob, MA is hitting pretty hard on several levels!

    @KATHERYN & Everyone for that matter –

    ***KEEP FILING COMPLAINTS*** make sure they are legitimate violations of your state laws, and make sure you do a good job documenting the complaint – back them in a corner and KEEP UP THE PRESSURE with those complaints. While the complaints may not seem to be working, THEY DO. Many complaints are denied, but the more complaints received they will be forced to address the problems. If just you are complaining, you’re considered a squeaky wheel pest. But when you have 10, 20, 50 or more about the same issues, suddenly they must take notice, so as I keep saying –

    ***KEEP FILING COMPLAINTS***

  18. I know; it is sad. Aren’t the good guys supposed to win sometimes?
    I do thank you for trying to help and I will, if for no other reason than to completely annoy him, copy him with everything I file in court!
    I want to log on to this site one day and see a post from one of us who actually beat their butts. We must all stand together and continue to try to help each other and pass on good information.

  19. @Katherine,

    I stand corrected… again.

    That will show you how much faith I have in those guys who say they stand up to banks. The thing is: I really, really want to believe them. Everytime they don’t deliver, I feel betrayed…

    Sorry about that.

  20. Incognito123, I am in MA. I am kind of lucky, we have some good judges and some good case law up here.

  21. Enraged – this may seem hard to believe but it is the God’s truth and, yes, I do believe in God. I sent numerous letters to AG Biden starting in January 2010. After being threatened and going in circles with BoA for over a year prior trying to get a mod, I finally ran out of savings and in May 2011 filed a BK7. Prior to my scheduled discharge in Aug. 2011, BoA had not filed for a lift stay although several lawyers sent us written letters demanding payment and notification that foreclosure proceedings had begun. OK….I waited and waited; nothing. At that point and after searching what my options might be, I filed an adversary proceeding in August. During the entire period I sent copies of everything I filed as well as follow-up letters to Mr. Biden. To this day, he nor anyone from his office has ever responded.

    Here is a copy of my letter with the complaint attached which was my third correspondence to him:

    Dear Attorney General Biden:

    Attached, please find a copy of our Adversary Complaint filed with the District of Delaware Bankruptcy Court and Bank of America’s Answer thereto.

    I write to beseech your help with regards to obtaining some sort of help in my fight against this company who has brought so much devastation to individuals as well as their part in our continuing economic decline.

    We have been fighting Bank of America for the last nine months pro se due to the fact that there does not seem to be an attorney in Delaware willing to help the little people.
    I have spent months researching not only what has taken place with regards to the securitization of mortgages but, also, crash course law 101. It took me months to prepare the attached complaint, as I have no legal background as well as well as no college degree.

    After receiving written correspondence from two different law firms who stated they represented Bank of America but who refused to answer my written request if they were the party to serve our complaint to, it turned out that the bank decided to retain a much larger global firm who now represents them but I was not notified of this fact until I received a phone call from the attorney on 8/2/11 telling me he was the attorney of record. He did not file a notice with the court of the attorney of record until 8/25/11 wherein he asked us to agree to an extension of one week to file his response, which I agreed. On 9/2/11, I received a copy of Bank of America’s answer to our complaint. I do know that “denial” of everything is not unusual. However, I was really stunned to see that in addition to claiming a violation of their Constitutional Rights they also are claiming, “improper party was served” among other things. I did also serve Mr. Moynihan as President and CEO. I followed the Rules of Procedure for Service and have my certificates of service so I will wait for the Judges response to that defense.

    I don’t want to make this letter to lengthy, as the complaint will pretty much detail the events leading up to now. However, it is clear that my pro se representation is like a dinghy up against the Queen Mary. I am going to need some help from somewhere even if just to point me in the right direction legally should Judge Sontchi rule in accordance with the law as well as honor my request to not hold me in the same strict accordance as a legal professional and allow a trial to move forward. If nothing else, their response, in and of itself, should be of interest to anyone doubting how low this company will go as well as just plaint outright lies….blatantly…because they continue to get away with it. I am aware that you have not been pleased by your investigation and findings with regards to this bank. I commend your courage to have come forth as much as you have under the obvious interior political pressures. However, the “little” people, thank you. If there is any source of help available, we would be so appreciative. Thank you in advance for your time and assistance, I am,
    Sincerely,

    Here is a copy of a letter letter:

    Dear Attorney General Biden:

    This is my fifth correspondence to you in regard to the referenced above. I don’t know if each of my letters with my case information gets deposited directly into the garbage/recycle can or if you or someone in your office actually takes a look at it. However, I feel that it is imperative to keep sending up-dates as I trudge forward in my attempt to due process, which is almost impossible, as a pro se litigant.

    I am aware that the Court system is not there to help me and as I ask a simple procedural question, I am reminded on a constant basis. I realize that I cannot receive help in the way of legal questions regarding the actual basis and substance of the case, however, a simple question such as, “may I file a response to Defendants’ Answers and Affirmative Defenses”, which was my understanding that you must seek the court’s permission pursuant to the Rules. I was told that I needed to ask an attorney about any questions I have. However, when Defendants’ counsel asked a question, it is answered, apparently, without hesitation. It seems to me that, if, through no fault of my own, I cannot obtain legal counsel, I will have no choice eventually but to give up or the Judge will rule completely in their favor based upon structural mistakes. I am almost certain that my case law and the intent and structure of my complaint are spot on, however, the legal structure may not be 100% correct. Further, I am using the Federal and Delaware Civil Rules of procedure, but having no legal experience or prior understanding of the Rules, make it difficult to comprehend it all with no help whatsoever. I feel that I am putting forth a 100% effort to do things properly with regards to procedure; however, to make it impossible is denying me my due process afforded by the US Constitution. To simply be dismissed or shooed away like a pesty fly because I did not format a pleading correctly or did not have the correct filing information is plainly and clearly unfair and most definitely biased toward the defense simply because they can afford three law firms to defend against me.

    Bank of America makes no attempt to even pretend to follow the rules of honesty and fair dealing and are using all their dirty tricks right out of the starting gate regarding the complaint and the wanting to take our home. They have contributed enough to the country’s economic destruction and one poor little middle aged woman, who is trying to follow all the Rules exactly, but who has no legal training, should have the opportunity to have her case heard

    and presented in court. Picture yourself playing a round of golf against Tiger Woods with no handicap and your home and life are at stake!

    I am fairly confident that this correspondence will go unanswered, like my others to you have, but I will keep sending them anyway as your position of State’s Attorney is for the protection of it’s citizens.

    I’m not so sure Mr. Biden cares too much about the harm done to individuals as he is with the many investors who were scammed or with fees lost by the state.

  22. @ Chris,
    ***NO*** you have a PURPORTED plaintiff who CLAIMS to be an injured party when in fact they CANNOT show ANY injury, PERIOD.

    @ Bob,
    We think alike!!! Are you in FL?

  23. @ ian

    I have a Plaintiff, Ocwen/New century, with the Hunoval Law Firm, NC attorney in the foreclosure action, Matt Hunoval attorney…assigned himself trustee, with Poore Substitute Trustee, he is the president of that company, per Secretary of State, an agent initiating and getting the power of attorney from Ocwen works in the office for Ocwen and the Hunoval Law firm, so does the notary as a paralegal and the elusive VP of servicing at Ocwen, Scott Anderson, whom was a VP for New century (at the time), an agent of MERS, and a Nominee for EquiFirst, Delta Funding, etc…

    Quite a maze. Right now we are working the conflict of interest. I personally, do not trust the judges either!

  24. To Katheryn and Zurenarrh,

    I appreciate your words of inspiration and truth and am encouraged by the similarity of our cases. Your strength and fortitude are to be admired as well. The fear that accompanies the reality of losing a home easily feels like a life or death issue, as you said. I appreciate your wisdom in comparing it to a game in order to maintain objectivity. Somehow when it is not so personal, it becomes easier to continue the fight. It’s just that the consequences of making even a small mistake are so devastating.. . . . life on the street living out of a shopping cart is what we have worked all our lives to prevent.

    I agree that it would be extremely helpful and beneficial to have a legal adviser to work with. I have as of yet not found any attorneys willing to act in this role. However, Katheryn, if you live in California, you might want to contact Tim McCandless’s office. His info in on his website under his name. He was a lifesaver in a last minute emergency I faced. I credit my still being in my home to his administrator, Mike Hodges and paralegal, Bernie. They literally saved me and prepared some last minute motions, which were very well written. They generously gave their time and answered all my questions. They are right on top of things. I hope this may be of some help to you.

    I will show my ignorance by asking you if questions of title, wrongful foreclosure, fraudulent transfer and the like can be addressed or raised in bk court? Does this court have any jurisdiction over these issues? Thank you for any info you might have.

  25. Oh, and I’m still in my home and will always be in this home and no carperbagger of old is going to steal it from me.

  26. I tell everyone I know not to pay his or her mortgage if it was written since 1999. There are no valid mortgage that have been entered into in this period and perhaps much further. I have not investigated that far back.

    One thing is certain, your mortgage is void or voidable based on fraud in the factum and fraud in the inducement. And they can post this on my grave stone.

    A contract under SEAL can be challenge for up to 20 years in my state.
    I do not post often or communicate often because I am usually engrossed in my mission, however, I am all caught up and have a lull in the action and that is usually when I surface:)

    However, as I have said many times over the past three years, I am willing to share and help whomever I can.

    I do not give legal advice; I just tell my story and share what I have. This, in no way, can be construed, as the unauthorized practice of law.

    I welcome the New Year with a renewed sense of VIGOR. Let the battle rage on. Year number 4.

    No surrender no retreat.

  27. @Katherine,

    Delaware?

    Why don’t you simply contact your AG, Beau Biden? He stands up to the banks. He also knows who’s who…

  28. @Katherine,

    Marc Dann is the former Ohio AG. He started going after MERS while he was holding that function and hasn’t stopped since. He and a few pals of his just recently sued MERS in a class action filed on behalf of all the Ohio counties to recoup thise unpaid registration/recordation fees.

    Actually, if you go on Mandelman Matters, a couple of months ago, he posted a phone interview he did on Marc Dann and you’ll hear that he is extremely well connected and started working with people such as Martha Coakley and Schneiderman very early on. I’m convinced he knows the who’s who of foreclosure defense.

  29. Yes Bob, your RIGHT on target!!! Like I said in my comment 1/7 @ 7:27PM I’ve told numerous attorneys I have more power in that courtroom than any attorney, and like you said, it is not easy, it is not our chosen profession, but I do not play nice in their sandbox, and nor do my friends. No attorney would file the complaints that my friends and I file. But none of us have lost our homes either. WE not only have the power, we have the most to lose. My group of friends go after judges, attorneys, clerks, appeal judges, you name it, we file documented complaints and they do NOT like us!! We dig into their financial filings, we research ALL people associated to the case, including judges, and file complaints where appropriate. COMPLAINTS are the KEY and they are CRUCIAL. Make sure they are well documented and show where the state laws have been violated.

  30. kathryn & chris- the NC Missal report had alot of info on NC’s cut and paste department, also the scan and shred department. NC would be the poster child for breaking every conceivable law on earth in regards to “lending”. The NC staff then moved over to Encore Credit, BNC (Lehman), and did the same stuff over again. You are right, hard to get an attorney. The amount of knowledge needed in foreclosure defense is beyond the grasp of most attorneys, quite frankly. Plus, most attorneys go with the grain, not against the grain. They are not in the field of law due to an burning desire to right all wrongs, or march boldly into dangerous uncharted waters, or anything remotedly resembling the above. They want to do some work, get paid, and go home. Most of the attorneys I speak with think that people not paying their mortgages is the cause of the last 4 years economic malaise. But, once we accept that, we can move along.
    My most recent thought is to checkforeclosures by the major f/c mills for the same forgeries/backdating/fabrications in my courthouse and send a report to the judges, AG, county recorder,etc. With a computerized document retrieval system, takes only about 15 mins for each search and printout, 25cents per page. And also get the county’s leading title insurance agent to tell me in writing that he cannot insure those titles because the chain of title is corrupted,or clouded. And then further, that the person making the credit bid is not the creditor. The county is not getting their 6% transfer tax due to this fraud.

  31. Thanks Kate

  32. Great post Bob!

  33. Here is the problem with lawyers, not all but many, they are arrogant and become disturbed at the thought you know more than them as it relates to their profession which would be the law. What do they do, they practice law. I’m a builder, I don’t practice building houses, if I did there would be a trail of catastrophic collapses. “The practice of law”. What does that mean?

    I give one lawyer I have encountered respect and credit, because He called me one day and said Bob a man will always admit when he is wrong, so I am calling to tell you that you have been right in your arguments and I was wrong. That meant a lot to me, but should demonstrate that we are all human and no one knows everything about everything.

    I once spoke to a lawyer for two hours as it relates to our position, when I was finished, he said he did not understand a thing I said and was not willing to learn. He also agreed that the reason he was not interested is that there was no payday for him because all those facing foreclosure are broke.

    No sh*t Dick Tracy.

    I tried to explain that if he brought the proper action with conviction, there would be a big payday. No one wants to do the work and there is a lot to do.

    You know your case better than anyone, the problem, the average citizen with average intelligence such as I, has an uphill battle alone, but this is not to say you cannot win. You can if you do the work.
    I tell all the lawyers I know that they need me because I am the loose cannon on deck and I can shake the preverbal tree whereas they cannot or will not because they have to play nice nice with each other.

    This is a war plain and simple, them against us, and we will rule the day.

  34. @Chris

    I’m in Delaware. Not too far up the coast from you 🙂 Believe me there is not a lawyer to be found that will help the homeowner. They are all pro banks. You would think that after seven months of searching, I would have at least gotten an appointment to talk to one. Nope. Also, you are correct; most of them just don’t know or don’t want to know much about the subject. If you hear of one my way, please let me know. I wish we all had a way of posting everything about our individual cases in one place where we could all share and help each other. It seems everyone is very frightened about sharing information because of the potential of getting in trouble for offering free legal advice. I sure we could all be a great support to each other and do our best to help each other beat these criminal greed monsters!

  35. @ Katheryn

    Answer: Lots of calls, pleading and proof of what is going on. It took some time, I won’t lie, but his support and knowledge takes a lot off me. Where are you located? I am in NC….I had 2 previous lawyers, that frankly, were useless. Took my money, 15 minutes of work and silence. I have a paralegal degree too and that has helped with filings, as I do many of them myself. The lawyer is great for the specific pleadings, discovery and such, not my strength.

    You probably already know this, but many of the lawyers misrepresent their knowledge in this area and it is very costly for us. I was very lucky to find this guy. I do have some lawyer friends in a couple of states.

  36. @ incognito123

    Thanks! Like you, my husband and I have weathered this together and have learned that we much prefer a simpler life. I am also sorry, Lone Wolf, that your marriage was stressed to the breaking point. Please try and keep a cool head as these greedy criminals are not worth your life. We are all working, each in our own way, to bring justice to those that have been so wronged.

  37. @ LONE WOLF
    I’ve been fighting for over four years now, and believe me, I understand your frustration. It is disgusting the corruption in the courts, and they are supposed to be the back-bone of our society, hence why we are in such a bad place in this country. Honestly, killing them sounds great, but not worth it, you can be more useful to help others by teaching them what you have learned, I’m sure like me, you’ve learned a lot in five years. Shame your not able to keep it together with your wife, I understand that stress as well, but they count on that as well, and know you’re down in that situation. Just try & keep your head on you! Like Katheryn stated, take a break from it to help you keep focused!
    @Katheryn,
    YOU are better than any attorney and have more of a vested interest & power like zurenarrh stated in that courtroom than any attorney will ever have. I know it is not easy, but it can be done. Like you said, you’ve been blessed in a sense, go with that, and keep learning, but also like you said, don’t let it consume you. My wife & I do various things, nothing too expensive, but we do simple things we enjoy and like to do. All must head that advise!

  38. @ joann

    I’m sorry that you’ll soon be joing my club. It is not a fun club at all! You are correct. I could not keep working and basically also take law courses, investigation 101 and learn banking and securities at the same time. I learned alot from this site as well as other sites. Thousands of hours of research and study. I was so distraught over all that was happening, prior to my decision to take them on, that I couldn’t sleep and thought I would end up having a breakdown and I’m a very strong “fall off the horse and get back on” kind of person. I can tell you have spunk and will not let them prevail without a fight. Just take time to get away from it every once in a while or it will consume you.

    To answer your question, they have only asked me for production of documents. I filed a BK 7 and prior to discharge filed an adversary proceeding in the BK court. I am the Plaintiff in the action because I initiated the action, therefore, there is more of burdeon of proof from me. I cooperated and gave them some of what they requested and what I did not give them was followed with a reason why. I then served them (Defendants) with a request for production of documents and my 1st set of interrogatories. After getting three extensions of time to comply and after we jointly filed a stipulation to the handling of confidential information and material, they immediately sent me their responses to my discovery and in 52 pages of answers and requests for documents…gave me absolutely nothing. Not one document or one answer to the interrogatories. They are very blatant and brazen to boot. The sad part of it all is that I have done all the research, have completely and methodically laid out the case, have all of my proof which was submitted to the court with my complaint, and I can’t get an attorney to help me drive it home. We all do what we can and I wish you well with your endeavor!

  39. @ Zurenarrah. Thank you for the support and reminding me there is still more to life than BoA. I know so many of us, as well as those that don’t even know these sites exist, that are in the same horrible situation. I know mine could be worse and I sometimes lose sight of counting the many blessings I have. With that said though, we must not let these criminals get away with nothing but a slap on the hand. What they have pulled off is so reprehensible on so many different levels that it blows my mind. How does this happen in America? I will continue my fight until I just can’t get up again or maybe God will infuse my brain with instant law school knowledge to help me sort this all out.
    I have suprised even myself that I have lasted this long. lol There is divine intervention!

  40. Enraged…thanx for the suggestions. I don’t know anything about Dan so I will try, but Mark gave me one referral and he couldn’t help me. Said it was a conflict of interest? Neither Matt nor Max knew anyone from my state. Very upsetting. One poster here did give me some good suggestions that I will follow up on.

  41. @Chris

    How did you get a lawyer to help with just those specific legal issues. I can’t get one to handle my case nor even an attorney willing to charge me a fee for just answering some questions I have. It’s a strange situation.

  42. FYI I spent more than four years in court and am sick of THEM changing the rules as we go , so understand my rant below –

  43. Well after 5 fucking years my wife and I are divorcing due to all this stress . I am building her a nice place at another family property and good luck taking me outta here , I considered going on the offensive and personally opening banker season , it is still an option , so there bitches , I am a terrorist , come and TRY to inter me , yes , I will lose , but you will suffer high LOSS no wounds trust me ,w my favorite .22 , yes a little .22 I take a squirrels head off , so Obama I call BULLSHIT , I will be the first send your gestapo up here , I know this land , I have been here 20 + years – LETS DANCE oh I will leave the .22 as a last resort – you know who I am and where I live so bring it , let me get her outta her , you a respect thing , do you know what that is ? Thats fair right we call wives and kids off limits ? Let s lay out an agenda here .

  44. @zurenarrh
    I have been fighting for over four years now, and everything you said is so funny and dead on because I have been saying all the same things and most don’t get it. I know exactly what you are saying. Like we have more power in that courtroom and why, I’ve even told attorneys this, and all but one agreed, the one that didn’t was an idiot in many ways.
    @Neil
    One thing I’ve though about since reading this blog is that so many people that are just taking up a fight really just want a quick fix solution and have absolutely no idea what is happening or how to defend it, or for that matter how to utilize various forms and filings. I’ve seen so many people take “freedom docs” or “patriotic docs” or whatever you want to call them, attempt to amend for their situation, but leave in things that do not make sense or agree with their case facts, and then try to argue that in court. These judges can spot that a mile away. I have no doubt more experienced fighters such as myself might be able to utilize these forms, but in all honesty, even if you charged $100, not worth it to me, as you really need to file based on what happens in the case. The only exception, maybe, is if they have a bit of unusual case law, that I could use in specific circumstances to support a particular issue when it would arise. There was even one set which includes a purported affidavit of a man who did in fact submit an affidavit in the case mentioned, but I actually called the guy, and he stated unless you had a signed version, it was hijacked, altered, and was not valid. Yet I seem many file these into cases, and again, any judge will know about this and see the desperation and ignore the people that utilize that kind of stuff.

  45. @Zurr…

    Excellent advice.

  46. The Fed is a windfall for the banks, which allows banks to borrow at or near zero percent interest. The fractional reserve system is a windfall for the banks, who don’t have to have actual money to be able to “lend” money. The bailouts are a windfall for the banks, who acted stupidly but were rescued nonetheless, and at the peoples’ expense. Being allowed to exist in the first place, much less still being allowed to exist after all their proven and generally acknowledged malfeasance over at least the past decade, is a windfall for the banks.

  47. @ Katheryn:

    In my case, BoA did the same thing–objected to everything and produced nothing. It wasn’t until their Motion for Summary Judgment that they made any actual arguments. THEN I was able to attack them. I have found that the trick is to stay in the game long enough and to get them to SOMETHING, ANYTHING and then attack that in your response to their Summary Judgment motion. At least that’s what happened in my case.

    Just be patient. They will HAVE to say SOMETHING at some point, and when they do, POUNCE on it with a vengeance. That strategy has worked for me thus far. Just do your part, i.e., discovery requests and so forth. Take full advantage of your pro se status. That is to say, you are not an officer of the court, so you can call a spade a spade. For example, when I did have an attorney, his complaint was OK put it was kinda nicey-nicey. When I amended the complaint after going pro se, I put a lot more detail and a lot more documentation in there. I pulled no punches because I don’t have to play nice with the opposing attorney and the court because I am not an officer of the court and I don’t have to worry about appearing in front of the judge again and trying not to piss him off so he will rule favorably on my cases in the future. I’m not trying to make a living at the law like a lawyer is, I’m trying to make the judge uphold the law. That’s my only consideration.

    You are a citizen of this country and the court/judge is YOUR employee. Never forget that and don’t let the court/judge forget that. Never forget that you have more power than you can possibly imagine. They know you/we have limitless power and are scared to death of it but they won’t let on that they’re scared. So you don’t let on that you’re scared either (not saying you’re a scaredy cat or anything–obviously you’re a fighter). And there’s no reason to be scared. You didn’t do anything wrong.

    Also, treat it like a game, which is ultimately all it is in the final equation. Like Bill Hicks said, “It’s just a ride.” That way, you can be somewhat detached from it, have more objectivity, and not feel like everything about the case is life or death. Your motions WILL be denied. Make more motions. Laugh it off. Resistance IS victory. Even if you ultimately get kicked out of the house, you will know that you put up a hell of a fight and to paraphrase U2, “they took your house but they could not take your pride.” Resolve to appeal to the next highest court, and then the next highest court, and so on. If and when those appeals are exhausted, write a book about it. Go to the media about it. Whatever. These criminals have to realize that we the people are NEVER going to let them off the hook. NEVER.

    Not trying to tell you or anyone else something you already know, just trying to give us all–and myself–a little pep talk. As MLK said, “the arc of the moral universe is long, but it bends toward justice,” and the longer you fight, the shorter the arc gets. We ARE going to beat these people.

  48. You’ve heard of dead peasant policies….from the WSJ:

    In the Texas case, the widow of a disabled former employee of Houston-based Amegy Bank NA is suing to recover $1.6 million in life-insurance death benefits the bank received after her husband died last year.

    According to the complaint, filed Monday, in May 2001, after he’d received treatment for brain cancer, the bank told Daniel Johnson that he was eligible for supplemental life insurance of $150,000. He signed up. Four months later, the bank fired him. He died in the summer of 2008, at 41. His wife and two young children received no life-insurance death benefits because her husband’s coverage was terminated when he was fired.

    But in December of last year, Johnson’s wife found out more about the policy when she received, in error, a check for $1,579,399.10, from Security Life of Denver Insurance Co., payable to Amegy. She sued, alleging that the bank knew Johnson was cognitively impaired when it asked him to sign the agreement and consent forms, and withheld from him that the bank would receive such a large payout upon his death. Under Texas law, material omissions can constitute a form of fraud, the suit maintains, so it seeks to have the consent agreement invalidated. If the consent is invalidated, the benefits would flow to Johnson’s estate.

    Amegy Bank, a unit of Zions Bancorp, a Salt Lake City bank-holding company, declined to comment, saying it hadn’t had a chance to review the suit.

    http://blogs.wsj.com/law/2009/02/24/dead-peasant-policies-the-next-big-thing-in-insurance-litigation/

    To echo George Bailey, we’re worth more dead than alive!

  49. @E. Toile

    “Courts should be vigorous in seeking to find such a relationship, since the result is otherwise likely to be a WINDFALL (!) for the mortgagor and the frustration of [the noteholder]‘s expectation of security.”

    Windfall, huh? When unemployment is at the highest, people have lost everything, including their ability to retire and any semblance of health care, when education is in disarray, they’re talking about WINDFALL???

    What am I missing?

  50. @ E Tolle:

    I suppose all that would be fine if these people were not assigning themselves as trustees and giving themselves power of attorney. This is the nuttiest stuff I have ever seen, on a personal note.

    I keep asking about the defaults, with insurance, that was paid to originators and subsequently stolen from the investor/pool. And let’s not forget the lack of funding in some of these mortgages. Why is it no one is questioning this? People are generally not allowed to insure something that they do not have a direct interest in and file a claim and keep the proceeds. If that were the case I could drive around and look for people who exhibited high-risk behavior and insure them, for profit.

    This behavior is tantamount to getting Vin #’s and making up titles, signing/forging them, towing cars and reselling them, pocketing the money and let the new buyer be victimized when the owner’s file a stolen car report, finds their car, takes it legally and the new buyer ends up with squat. That does not include the losses the insurer may take. It boggles my mind how no one has been jailed for this yet!

  51. Adam Levitin gives a peek at a process going on as we speak that shows how our rights are taken away without our knowledge, as far as how the UCC is interpreted. He writes about the current opinion:

    Section 5.4(c) appears to stand for a very simple and uncontroversial principle (pace FNMA v. Eaton), that only the obligee of a mortgage note has the right to foreclose on the note:

    A mortgage may be enforced only by, or in behalf of, a person who is entitled to enforce the obligation the mortgage secures.

    In other words, a naked mortgage’s got nothin’. But then the comments and illustration go off the deep-end:

    Mortgage may not be enforced except by a person having the right to enforce the obligation or one acting on behalf of such a person…[including an agent or a trustee for the noteholder.] The trust or agency relationship may arise from the terms of the assignment, from a separate agreement, or from other circumstances. Courts should be vigorous in seeking to find such a relationship, since the result is otherwise likely to be a windfall for the mortgagor and the frustration of [the noteholder]’s expectation of security.

    If the American Law Institute gets its way, anyone who says they’re from the bank or knows someone who is could foreclose on us.

    http://www.creditslips.org/creditslips/2012/01/the-road-to-mortgagocracy.html

  52. joann and katheryn;

    Just my piece here: the district court is tough, elected officials, not appointed, with the money trail things always gets tainted. Also, some of these folks are not sophisticated enough to decipher the body of details.

    At first, my attorney disagreed with the Federal Court route, but has done a 180. I don’t know where your cases are, which jurisdiction, however, in Federal Court you can address much more than the foreclosure, i.e. TILA, RESPA, damages, cloud on the title, fraudulent conveyance, etc…while filing injunctions in District Court if they try and pull a fast one. For me and my attorney, the Federal Court is almost like a judicial foreclosure, which in my opinion, should be in place in every state, as the non-judicial foreclosures are really where this problem is infecting the entire real estate market! Just my $.02….

  53. Core logic, Delaware Corp, residing in Santa Ana, CA.

    2011 FDIC suit against them….www.housingwire.com

    Washington Mutual in on the suits too, goes to appraisals

  54. @joann,
    you are so correct in all those SHOULD’S, and in reality, that IS in place in most states, yet completely ignored. Virtually all these are won by judges ignoring the rule of law.

  55. Kathryn

    I can imagine myself in your shoes quite soon. How does anyone earn a living when they have to fight this on their own? It is a travesty of justice that homeowners are forced into this position – it should be a simple requirement that ownership of mortgages and lawful standing be proven beyond a shadow of a doubt by the parties seeking to foreclose and that the true amount owed the identified true beneficiary is proven by that party beyond a shadow of a doubt. It is ignored by judges in judicial states and not even considered important in non judicial states.

    Fraudulent transfers and forged paperwork should not accepted by anyone and this should not be assumed this was mere sloppiness or paperwork error for a legitimate debt still owed to those engaged in the fraud. Injunctions should be automatic. A moratorium on all foreclosures should be automatic until these laws are enforced.

    It seems a no brainer and I wonder what kind of universe this is. Government agencies are supposed to be peopled with public servants but they are serving a mindless master who has already destroyed the past and future well- being of the citizens of this country.

    While well researched on my own mortgage I am so ignorant when it comes down to it how to proceed in court – it is critical and perhaps impossible for a pro se to compel the discovery needed. It seems you are close to being able to do this somehow though.

    Sorry if this is a dumb question but are you a Plaintiff or a Defendant and what documents or questions-Interrogatories did they request from you? You might not want to be specific – but generally – it seems like the only info needed for a complaint to proceed needs to come from the forecloser not the homeowner…

    I wish someone would set up a website and just post a step by step senario ignoring the fact that every case is unique – just give us a clue – we can flesh it out – for instance if NOD and ADOT no sale date abc. or sale date or sale ect In district court file this then file that ect or in state court abc In local court abc and be ready for abc and file this and that – judcial and non judicial or by states with similar statutes….I know I am dreaming but if someone out there wants us to fight this fight and not just disappear passively into homelessness….help.

  56. corelogic is on an assignment from originator to trust- 6 years after trust closed. recorded docs should get sent to them. new player in doc fraud?

  57. I’m really unsettled about CoreLogic…

    “CoreLogic has its fingers in a lot of pies…”

    http://opp.morningstar.com/BlogArticle.aspx?type=&postid=349758

  58. @Katheryn,

    “I have contacted every attorney in my state”

    You need a good, solid referal. Contact Mark Stopa, Matt Weidner, Marc Dann and Max Gardner and ask them for a recommendation in your state. Someone who’s done the foreclosure defense Boot Camps and could help you make sure you don’t kill your case.

    It would be really sad to make a mistake and end up not prevailing on technicalities. especially given how far you’ve gotten!

  59. Again, I’m thinking and typing really fast so please excuse the errors.

  60. Thanks leapfrog. I have tried for 7 months to get legal help. I have contacted literally every litigation attorney in my state as well as every agency…no help. Now BoA’s litigation person, who sent us 3 refund checks 2 months ago in the middle of this litigations, now won’t answer through our interrogatories any questions about those refunds because I am not an attorney. The courts complain that they are backed up. It would seem that Plaintiffs or Defendants that play games and flatly deny to cooperate with the discovery process and play these kinds of games should be subject to the judge ruling against them. It would sure speed things up. Here is an example of one of my interrogatory questions: Please give the name, date, arrival and departure time of the closing agent for subject settlement of 2/23/10.

    Answer: Defendants object to the question as unduly burdesome overly broad and has no bearing on the case.

    This was the response to every request for production of documents and every interrogatory. Why do courts and judges allow this kind of bull s_ _ t????

    No wonder they gotten away with theft in the billions as well as the fact they will own half of the real estate of the country.

  61. There is a lot more to CoreLogic than we think. Look how far it extends: Australia and New Zealand real estate records… as well as Asia.

    http://en.wikipedia.org/wiki/CoreLogic

  62. Half-off to get the letters, GEEZ Neil! Most of us are broke.

    My servicer just got a court date to try and get an order to foreclose on January 17, 2012, with a pending Federal Case for Fraudulent Conveyance and Cloud on Title. I am Pro Se and acquired an attorney just for the injunction, Lis Pendens and restraining order. He is working with me; only to tutor me in the pleadings, additional complaints and proper paperwork. I do the research, documentation and mailings, as well as filing the original complaint, etc…to keep the costs down.

    We have documented forgeries, significant conflicts of interest, which the Poore Substitute Trustee and is the president of that company, via Secretary of state doc’s, as he is the Plaintiffs attorney and elected himself trustee and much more. If we should lose the injunction, we will appeal and that should tie things up a bit. My attorney states: this should be brought to the bar association, the documents are that compelling.

    @ Katheryn: There are not very many attorneys who know the wranglings of the trust, pooling agreements, securitization process, etc…I know ’cause I have wasted a lot of time and money spinning my wheels, while paying for naught. The research MUST be done, in my opinion, and you must be able to put some of these lawyers in the right direction, as there is thousands of hours and no one could pay for all that, given our situations. I am no genius, but I am relentless. Win or lose, I am going to go as far as I can to blow their money. Maybe I can recoup something just by virtue of not having to pay them for an extended period. Good Luck and don’t quit!

  63. Katheryn: You really ought to consider getting some knowledgeable legal help with your interrogatory responses to B of A. It might make all the difference in the world to your case. The interrogatories can be a landmine field to the uninitiated. You don’t want to answer something in the affirmative where they might be asking you to form a legal conclusion. Just my opinion.

  64. Oh, and by the way:

    About CoreLogic…

    Since I’ve bought my house, at least 8 servicers have been involved. I had Citi at the beginning, I did have GMAC and other banks and… every single insurance payment and real estate tax payment since 2004 has always, always been processed by CoreLogic.

    Doesn’t that bother anyone?

    CORELOGIC appears to be to money what MERS is to recordation!

    Can anyone look into it?

  65. I am aware I don’t have to but from the start I laid my cards on the table. I am the Plaintiff in the adversary proceeding so it is up to me to show a preponderence of evidence of the face of my claims. Although I am trying to make them prove they are a party to the action, I am more about getting the refi rescinded and filing for quiet title. It is very difficult to know how to proceed and fight these criminals when you have no legal knowledge or experience and can’t find help. This is a large part of the reason why they (banks) keep winning most of the time.

  66. Kathryn, forgive my blunt comments, but of course they don’t know anything about anything. WHY would you give them anything? It not about something to hide, it is about exercising YOUR RIGHTS. You have a RIGHT not to answer what you do not want to answer. THEY must PROVE their case, which they can’t in any of these. WHY give them information to HELP THEM? Nothing in the Constitution states you have the right to remain silent only in criminal courts. Any good attorney will ALWAYS say keep your mouth shut, no matter if you did something wrong or not. Getting back to comment “they don’t know anything” is right on, that is why they are fishing for info from you to help make their case. If you filed a random lawsuit against your neighbor three blocks away, do you think it would be acceptable to fake & forge a bunch of documents, file them in court, and then ask for them to produce info & make admissions? That is basically what is happening, the entity suing doesn’t know anything, and the “bank attorney” doesn’t even know who hired them. It is a way to deny liability, so no, nobody knows anything is exactly right.

  67. @EULE,

    Thanks for your response.

    I know Corelogic has been suspicious to me eversince I’ve learned of their existence. They seem to be much more than just a “database” company. They actually make payments of insurance and taxes but:

    1) They don’t give any info when asked. I sent them a few e-mail asking them who they were and why they were paying and their standard answer is: “You need to contact your servicer for any information”.

    2) Whatever ledger I obtained by QWR from my servicer never, ever revealed any payment made from them to Corelogic. It is as though no one was putting money in their account. Yet, they paod!? There is a BIG question as to how the money went from me to my servicer account, to Corelogic, to my insruance company and to the country assessor’s office.

    I honestly believe that Corelogic is very suspicious and I don’t understand why no one seems to even question its legitimacy in this enormous MERS-ran ponzi scheme!!!

    What irritates me is that no one seems to even ask that question!!! For Pete’s sake, if we’re going to “follow the money”, it would seem that CoreLogic wouls be the first place where to start!!!!!!!!

  68. Bob – my email: kad291@comcast.net

  69. Katheryn, Give me a way to contact you

  70. I did not proof and typing quickly…please excuse spelling and grammar mistakes:)

  71. Bob M

    First, thank you. Yes, filed a 7 notating on the schedule we contested the security interest. Story is very very long and have tried every lawyer in my state for help even all the legal services to no avail. Countrywide and then BoA strung us along applying and reapplying for a mod in 2008 through 2009. Same story as many and very much like the suit filed by AZ Attorney Gen. When are saving got really low we were offered and immediately approved for a refi in 2010 with bogus inflated property value and incomes..same old story. Well, of course, we soon ran out of savings but we had been told we could still keep applying for a mod after the refi. Again, lies. I sent a QWR in January and February 2010 and was mostly ignored. We finally filed for BK7 in June 2011. I waited for them to file a lift stay motion but they did not but had several lawyers writing letters to us notifying foreclosure proceedings were initiated. Then another lawyer from another firm wrote saying that our request for a rescission was denied. The bankruptcy trustee filed our case as “no” asset and also filed an abondment of our properties (we have two) which even gets more complicated. In addition to the many things BoA did, I have in my possession on of the notes that were cut and pasted with our signature so there were two different notes floating around. I then decided to file an adversary complaint. The BK trustee refuses to speak with me but sent a letter stating that he would not discharge our case until the adversary part was settled. I guess that is good for us but I’m not sure as I have been doing all of this on my own and I have no legal training. Among other claims and charges in my complaint, was to seek a rescission and then I would file a quiet title action. Without making this too long their is a reason for a quiet title action once the refi is rescinded. I also claimed violations of TILA and RESPA in my complaint. I supported my complaint with Exhibits that well reflected proof of my allegations and charges, but I’m sure that my format is not as a lawyer would prepare. I have to research everything before taking or filing anything as well as trying to follow the Rules of Civil Procedure and the Local Rules. I have tried to get an appointment with an attorney just to review my actions to date and provide some insight but they aren’t interested. In BoA answers and affirmative defenses to my complaint they denied everything or didn’t know anything. I answered that in a formal pleading. As far as giving them information, I figured that to save myself the torture of fighting it and I really have nothing to hide. I have a very solid case against them well supported with documents and case law but how do I fight when they won’t answer anything. I know I can file a motion to compel but I wonder if I can file some kind of summary judgment motion as they are really wasting the court’s time by just denying, even at the discovery phase, to answer anything.

  72. Here is a comments from Attorney Edelson,Chicago , who handle the CHASE HELOC Classaction Lawsuit:

    http://www.edelson.com/case/7/

  73. To Katheryn;
    You have to file a motion to compel pursuant to rule 37. However, the first mistake was to hand over anything until they complied with your request. You understand you are dealing with scum of the earth and they will deceive you to the end. You have not provided enough information. You say adversary proceeding, are you in bankruptcy Court?

  74. Enraged , I like your comments about Corelogic ,

    SunInSagittarius, here some Info , this is the truth :

    CHASE and CORELOGIC work together , the question is only how .
    Corelogic has a Info link on CHASE web , what your home is worth.!!
    same like ZILLOW .
    Chase told me , my home is worth $ 260,000.00 few months later
    Corelogic show on CHASE web = $ 126,000.00 .
    I use HELOC money to upgrade my home , how can Corelogic tell me :I am UNDERWATER ? I have $ 32,000.00 receives from Home Depot and Lowe in my hand.
    HELOC Mortgage Owner make a difference ,the classaction lawsuit result should be on the table in few weeks.
    Neil ,
    I never see a discussion about this Corelogic Link on CHASE Web.
    I never see a discussion how the home prices did go down .
    Well if you read my story , then you know how.

  75. Desperately Seeking Help. I am fighting BoA pro se. Filed an Adversary Proceeding. They answered “they know nothing”. We are now in Discovery phase. They served me with production of docs…I gave them what they asked for. Nothing to hide. I served them with Production of Document request and Interrogatories. Was waiting for those responses before serving them with Admissions. They asked for three extensions for time in answering my requests which was given. Their time was up for responses on 1/9/12 and then on 1/4 I received a Joint Stipulation for the managing and handling of documents and protective order for confidential information. I made what revisions I thought would protect me as best I could pro se. The Proposed Order was filed with the court. Last night I received the answers for my discovery requests and got nothing. They don’t know anythign about anything and would not provide any documents that I requested. Going even further, I received checks in September for overcharges we paid at settlement for numerous things. I had been fighting this since last January with QWR’s etc. This substantiated TILA and RESPA violations I cited in my Complaint. I was notified in their Answers that the litigation department responsible for these refunds would not talk or deal with a pro se lititgant?????? Can anyone give me some direction to go in to figure out what my next step should be? I have tried for eight months to obtain legal help but it is just not out there. Can I file some kind of motion for summary judgment in my favor due to their refusal to cooperate in any way? Any advice would be greatly appreciated as well as may help someone else with similar problems.

  76. Forget for one second that these letters may help you keep your house. For $600.00 bucks the amount of knowledge you can gain and the format of presentation and grammar to present to the Court is worth it. It is not that attorneys can read any better than most. The facts do not change because a lawyer reads them instead of you. The gift the lawyer has is the art of taking a complex and chaotic situation, and through the tools learned in 3 years of law school, can prepare submissions to the Court which makes the situation more chaotic and complex.

    Pay for the chaos if you can – it takes longer to sort through. When you have two attorneys comparing a level of chaos before a judge, the intermediary just decides who case is more chaotic and just applies a schedule for them to carry out the game.

  77. But E.Tolle, I have been demanding prosecutions! I have sent notice to my congressman and representatives that they will need to start looking for a job. I stated clearly in my letter to my AG that his lack of stoic determination in the 50 state negotiations to get some criminal prosecutions after an exhaustive investigation was cause for concern that someone had gotten to him since he ran on a campaign platform of “going after the bankers.”
    AG’s are clearly easy to compromise, with their political aspirations. They’re easily corruptable, like Jimmy Carter was in David Rockefeller’s prescence. I have written and written and am still writing but to blind eyes. I think we need to figure out how to remove the few regulators there are, and replace them with REAL ones, who are not put in their respective jobs, by BANKERS.

  78. @Z

    I know he didn’t…but just the fact that he posted this…is ridiculous…for a variety of reasons…

  79. May not have paid money to the banks, but money was paid, learning the hard way, that not everyone is able to help, but willing to take, there was no free ride.

  80. Neil didn’t write the part about making good with lenders…

  81. CoreLogic seems to be some kind of data collection company that is affiliated somehow with First American Title company in Orange County CA.

  82. Who in the hell, except for the MSM talking heads, gives LPS any credibility whatsoever?
    the lenders,servicers,occ,ftc,bla,blaa,alb,aalb, and all those that WANT TO BELIEVE ,santa claws ,easter bunny,oblama,LOSERS,hitler,jesus…well not jesus, big foot,little timmy “Timothy Franz Geithner”,marti noregia,mozila,godzilla,inspector clouseau

  83. “…And while some borrowers are looking for ways to make good with lenders…”

    OMG, NEIL—NO LENDERS—NO OWNERS OF A “MORTGAGE”—

    NO CREDITORS—NO BENEFICIARIES—

    JUST LIARS, THIEVES, DEBT COLLECTORS, AND FRAUD FRAUD FRAUD FRAUD FRAUD FRAUD…AND MORE FRAUD.

    STOP IT NEIL—JUST STOP IT.

  84. LOL, I love the link to the Layman docs. You disclaim the world of responsibility for any of these documents or their use, but you have no problem representing them at being worth $895 but will discount that to $695. Really? Wow.

  85. Court Case? I would be interested –

  86. I’ve pro se defended the foreclosure brought against me by Citimortgage in May 2009. When we’re barely paying the monthly bills, a lawyer just isn’t possible. Not that I haven’t gotten some legal advice. There is a local attorney who has given me a few tips. Which came in valuable last November when I squashed CM’s MSJ. The Judge denied it without prejudice. CM soon afterwards started making offers to me of $16000+ if I would do a short sale.(In one phone conversation, I said 16,000 wouldn’t be enough. The caller mentioned 30,000 but no offer of that much has been made in writing0 At the same time the lawyer for CM hasn’t done a thing since the MSJ hearing. Is CM afraid they’re going to lose or just regrouping? I don’t know but its interesting right now.

  87. This is how I did it

    1. April 2009 Notice of Default filed
    2. 8 months or more of modification hell, reason for denial – ha, investor said “No”
    3. January 2010, me & several girlfriends sat around kitchen table for a month or more and filed Pro Se lawsuits in Superior Court
    4. March 2010 very fortunate, networking, found young fireball attorney who is not charging me
    5. 3 Demur hearings later, and Motion to Recluse, Orange County Judge granted CHASE in October 2010 a free house, MINE, citing CHASE/WAMU purchase agreement, bought assets not liabilities, also lack of “TENDER”, I’m in Orange County, Ca.
    6, Filing Appeal this week, filing and transcripts all were fee waiver, based on the fact attorney has not been charging me and I have low income.
    Note: I refiled again with CHASE’s attorney modification months ago, also my 2 girlfriends whose notice of default was way before mine, their notice of default expired and a new one still not issued – they have been in their homes without paying going on 3 years – I hope this encourages you, it’s not over till the fat lady sings –

  88. Let’s re-center the bubble here. Remember what’s going on as we speak. This shouldn’t be about borrowers needing to bone up on “exhaustion of remedies” or “escheat”, no offense DCB, I enjoy your posts. It’s just that every once in a while we all need to get back to reality, we need to understand all over again that the largest fraud in the history of the earth took place over the last decade, and it was quickly followed up with the largest heist in the history of mankind. And all that has now been glossed over with the biggest cover-up in history. And now all that is missing is the largest prosecution of criminals imaginable.

    And all of the above has been followed up with regulatory agencies who don’t remember how to regulate, or are just plain incompetent, or worse, are outright owned by the perpetrators. The regulators should either do their jobs, or face prosecution for aiding and abetting the criminals.

    And all of the above has been carried out with little more than faint whispers of improprieties by our duly elected leaders in Congress, not screams of abject horror at the crimes committed against their constituents. They too need to explain themselves or be fitted for orange jumpsuits.

    And all of the above could not have been allowed to reach this point in time if our president had been alert and honor bound to defend the citizenry on his watch. Failing that, he should spend the next few decades whacking kudzu on freeway medians throughout America. I hope for that change.

    And all of the above can simply be blamed on us, if we don’t start demanding prosecutions at every level, in government as well as institutions. Lock them up if they don’t agree.

    Stop and remember.

  89. Yep! And yet, even today, the number of homeowners fighting for their rights and for the enforcement of our laws is still very low (something like 10%, an increase of 100% from the previous years, which means that fewer than 5% were actually firghting all those years. What a waste of precious time for 5 years!)

    @Leapfrog

    You’re mean. MERS still relies heavily on LPS. And on Corelogic, whose role I still don’t get. Actually, who on earth is funding Corelogic and why are they still making tax and insurance payments on my house when I haven’t paid a cent in 2 years…?

    Is anyone going to look at Corelogic? Can we take a look at the BIG picture once and for all?

  90. As I said …. 4 out of 10 homeowners were not in default. Those 40% are the ones fighting back. I can not wait to publish LPS’s wall of Shame! I’m under their skin and they do not even know it ….. The Truth shall prevail and LPS will Fail. Fighting for you All! Throws a clean snowball to keep you Cool! Melting the dirty snowballs along the way. God Bless You All! Happy 2012!

  91. Do they KNOW they are in default with the OWNER of said purported mortgage & note – – – – NO!!!!! So they are really NOT in default, but LPS doesn’t know crap about ANY of these mortgages, because they are a bunch of lying paper pushers that forge (A/K/A surrogate sign) and falsify fraudulent documents in thousand of cases nationwide.

  92. Resistance is victory. You can’t win if you don’t fight!

  93. 2012 is going to be an adventure of epic proportions.
    Liars and cheats…I love it.

    youtube.com/watch?v=as5Xq4_TDos&feature=player_embedded

  94. […] View article: Putting Up a Fight Means Staying in Your Home, Sometimes for Years Without Payment […]

  95. lmao leapfrog, love the comment

  96. Isn’t THAT rich….”according to LPS” – the same fraudsters who forged the documents – lol. Who in the hell, except for the MSM talking heads, gives LPS any credibility whatsoever?

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