LA TIMES: Big Wave of Foreclosures this Year

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Double Dip Recession Likely Unless Foreclosures Stopped

By E. Scott Reckard, Los Angeles Times

California and other states are likely to see an enormous wave of long-delayed foreclosure action in the coming year as banks deal more aggressively with 3.5 million seriously delinquent mortgages.

And experts said that dealing with the foreclosure process, from issuing notices of default to selling repossessed homes, is likely to push housing prices lower this year before the real estate market has a chance to recover.

A report from RealtyTrac, an Irvine data firm, said about 1.9 million U.S. homes were hit with default notices, foreclosures and other actions last year. That is down from 2.9 million in 2010. Seriously delinquent loans are defined as being four months in arrears.

“There were strong signs in the second half of 2011 that lenders are finally beginning to push through some of the delayed foreclosures in select local markets,” said Brandon Moore, chief executive of RealtyTrac. “We expect that trend to continue this year.”

The real estate market was in “full delay mode” last year on foreclosures as banks worked to correct legal problems with procedures in many states, Moore said.

In California, 3.2% of homes logged at least one foreclosure filing last year, down from 4.1% a year earlier. But regional differences continued: 2.7% received notices in Los Angeles County and 2.5% in Orange County, compared with nearly 5% in San Bernardino County and 5.3% in Riverside County.

California saw a second-half surge in initial notices of default — the first warnings that a bank is preparing to seize properties with delinquent mortgages, said RealtyTrac spokesman Daren Blomquist.

Though many more foreclosures are expected this year, the number still will be below the peak of 2010, Blomquist said.

Connie Der Torossian, co-president of the Orange County Home Ownership Preservation Cooperative, a nonprofit housing counseling agency, said the distressed homeowners she helps are getting loan modifications or sales dates from banks far faster than in the past. The days of troubled borrowers spending two years in foreclosure limbo are at an end, she said.

“We’re not seeing people have to wait six or seven months to get an answer,” she said. “It’s more like six or seven weeks.”

Worried that the foreclosure flood could further undermine the housing markets, the Federal Reserve urged Congress recently to do more for troubled homeowners.

Some Fed officials have been advocating reducing the loan principal more often for underwater borrowers, those whose homes are worth less than their mortgages. The central bank also has been urging mortgage giants Fannie Mae and Freddie Mac, kept alive by three years of taxpayer bailouts, to unload their backlogs of foreclosed properties in bulk discount sales to investors who would then rent out the properties.

That process, which Fannie and Freddie officials said is under study, could help stabilize the housing markets. However, in the short term it would increase taxpayers’ tab for propping up the government-sponsored housing finance firms, which already has reached about $150 billion.

Central bankers have tried to resuscitate the economy by keeping interest rates at record low levels. Celia Chen, a housing economist at Moody’s Analytics, said the Fed is now taking additional steps because the economy remains fragile and could tip back into recession.

See Full Article in LA Times

58 Responses

  1. @ carie, wish I could do more….was worried about you.

  2. @ E.Tolle

    Thanks for always being good for a chuckle amidst the madness…

  3. @ nabdulla, that’s great to hear. No wonder you were pushing the Silverberg ruling. It is a great case BTW, I meant to respond to your earlier mention of it.

    Also, if you haven’t already read it, and since it’s from your court, you might want to read the Alderazi case if you haven’t already. It’s some of the best MERS and thus agency law summarized by a court, IMHO. I take it on picnics for light reading….

  4. @nabdulla

    Thanks for sharing that…I’m really curious—which post did you read in court that day?

    In case we lose this thread, my email is: cariemac9@gmail.com

  5. @ carie

    About six months ago I walked into the Kings County Supreme Court for a hearing on my Motion To Vacate Foreclosure Judgment and Set Aside Referee Sale. Plaintiff is Wells Fargo Bank, as Trustee. Attorney is the mill Rosicki @ Rosicki. Being patient with me, the Judge listened to me for about 20 min. as I argued and read from a copy of one your posts. Finally, the Judge asked what was I reading from and asked to see it. The courtroom was standing room only, and while the Judge was reading, you could hear a pin drop. 2 min. later the Judge looked up at the mill Atty. and simply asked him, “Counselor, who are you representing?” The mill Atty. responded, “Your honor, I represent Wells Fargo and GRP Loan Services”. The Judge said: “Counselor, I’m granting the motion in all respects and continuing the the stay of eviction proceedings in L/T Court. Sir, (Me), you have 30 days to file your discovery”. A couple of weeks later, the 2nd Dept. handed down BofNY v Silverberg. I got a call a week later from the mill offering $30k to settle. I told them to shove it. It’s balls to the wall, all or nothing, takeing no quarter, giving none.
    All that to say, I don’t know what I can do to help you – but if you think of something – ANYTHING – let me know.

  6. @colleen – rebel? Did you hear me call you a rebel?

    You seem to be talking to yourself and still trying hard to convince someone at that. Your conversations are one sided. If you have something to debate, go for it. Otherwise, are you simply debating with yourself? To put stuff in a post and claim it is in response to something I said makes for a one-sided conversation for sure.

    I’m fully aware of what Obama signed. I’m fully aware we need to level corporate America. I’m quite involved with just that thru Occupation. Tell me what it is that you’re doing with your foreclosure defense that steers it somehow away from the courts. And what exactly is it about what Obama signed that makes you so snarky?

  7. Consider me a rebel do you E. Tolle?
    Knowing what Obama signed Dec,31st 2011?
    Could it be the reason is the “corp” fears you?
    The rules are leaning towards total control.
    How are these courts REALLY workin for you?
    It’s all about the public records…

  8. @Carie,

    I’m really sorry about the house, kiddo. You fought very hard and you were not appropriately counseled. CA is a tough state to be in. Timing was all wrong. it may very well be that, in 6 months from now, CA of the Feds do declare a nationwide moratorium.

    I’m absolutely convinced that you’re coming out of it much, much stronger than you got in. Next time you buy a house, you’ll know where to look and how to position yourself. In the meantime, keep the fight alive for others in that situation.

  9. Hello everyone…thanks for your kind concern…we’re doing okay.

    After months of letters demanding “proofs” written to the servicer, all they could come up with was this lie:

    “IndyMac Mortgage Services—a division of OneWest Bank, is “servicing” your “loan”, which is “pooled into” in the “MBS Trust”, of which Deutsche is “Trustee” on behalf of “investor” who “owns your loan”, and we are of the opinion we are following all applicable laws…”

    Bottom line, this is the truth:

    1. Deutsche (DBNTC): NOT CREDITOR, LENDER, BENEFICIARY OR OWNER OF THE NOTE.

    2. OneWest Bank, FSB (debt collector): NOT CREDITOR, LENDER, BENEFICIARY OR OWNER OF THE NOTE.

    3. IndyMac Mortgage Servicing: NOT CREDITOR, LENDER, BENEFICIARY OR OWNER OF THE NOTE.

    4. MBS Security Investor(s): NOT CREDITOR, LENDER, BENEFICIARY OR OWNER OF THE NOTE.

    5. Aztec Foreclosure Corp (debt collector).: NOT CREDITOR, LENDER, BENEFICIARY OR OWNER OF THE NOTE.

    6. M.E.R.S.: NOT CREDITOR, LENDER, BENEFICIARY OR OWNER OF THE NOTE.

    I said—if want to pay off my entire “loan”, WHY would I make it out to “One West Bank FSB”—WHO IS A DEBT COLLECTOR???

    No answer.

    But, they continue to create ANY kind of paperwork/documents regarding the “Deed Of Trust” that they want to—“pursuant to SB1137”—and record them—and then the real estate agents and their attorneys continue to blatantly steal houses here in So Cal., unabated, because they CAN…so they DO.

    And they don’t care about TILA Amendment 15 U.S.C.1641 (g) —which requires current creditor/lender contact info to be provided—when I asked about that, they gave me the address of Deutsche— SAYING THEY WERE CURRENT CREDITOR/LENDER—WHICH IS A BLATANT LIE. A Trustee of a closed and empty securitized trust is NOT the creditor/lender.

    So, based on these lies, they stole my house…and they are stealing more everyday.

    But, we’ll be okay. I’ve decided we are going to find a way to live within walking distance of the beach. My kids are excited about that.

    Oh, and when I asked a “pre-paid legal” attorney about all this blatant fraud—he said: “There’s enough fraud to to go around for EVERYONE.”

    And then he told me I was obligated to pay the (fake) loan anyway, because I signed a paper saying I would pay it back…no matter that it’s all fraud…

    Yup, that’s what he basically said. “It doesn’t matter if it’s complete fraud, nobody gets a free house.”

    Except the criminals…

  10. @colleen – i can’t understand that logic. carie was convinced she was right and was winning right up to when she received that notice of sale. how is your situation different, and what are you doing that works that doesn’t involve courts?

  11. @Colleen,

    Indeed, we care. We care so much that we keep harping on K.I.S.S. It’s great to have some idea about the big picture but each situation is individual. The players are specific to anyone situation. State laws are different. Rulings have been different in each state. I wouldn’t deal with Chase the way I would with B of A. I wouldn’t handle a case where the original lender went out of business the way I would when the lender is still in business and pestering everyone to sell his loan modifications (mine writes to me almost every month, even though he long ago “transferred/assigned” to a servicer and that thing’s taken a life of its own eversince… 8 servicers in 6 years for my first, 3 in 3 years for my second.)

    The point I’m trying to make is that, eversince I discovered this site, some people have been harping on “pet theories” against all common sense and wasted an incredible amount of time instead of focusing on their own case and putting all that energy into preparing it.

    There is something very self-defeating in saying over and over: “Attorneys are sell outs. Judges are all corrupt. Congress is bought out.” Repeat that enough times and it becomes your reality. That’s what some people on this site keep doing. Byt repeating that every day, day in and day out, they impregnate their brain with the notion that the cards are all stacked against them.

    I will tell you a little secret: to win in court, you don’t need to be right. You need only to be absolutely convinced that you are so right that you can’t lose. So convinced, as a matter of fact, that just by your language and your demeanor, you instill that conviction into the other party. And you also need to have a few, strong sentences you can give the other party, over and over again. “No case is ever so good that it can’t be lost or ever so bad that it can’t be won.” “I want a trial by jury simply because, nowadays, no bank will find a jury of 12 people who haven’t, directly or indirectly, been adversely impacted by the foreclosures and the mess they made of the world economy.” “We have laws in this state. That’s what seperates us from underdevelopped countries. We have laws and, up until 30 years ago, we applied them. We need to go back to those laws, simply because the system worked so well for 300 years.” “I want to know who can legally modify my loan. Who are the investors, so that i can sit down with them.”

    It’s not a heavy artillery game. It’s a constant guerilla, with darts being endlessly shot at the other party. Big theories don’t work. Little flashes of god-given common sense go a much longer way.

  12. So tell me Fletcher Christian, what recourse is there besides court?

  13. On a personal note, I want to look at everything, no matter how out-there it seems.

    But, if the bansters are using the system, one must at least try to answer their complaint, summons, judgment, etc…if for nothing else, to buy time, to gather what you need to fight, whatever that may be.

  14. Wow,
    Enraged, E Tolle, tnharry, etc…
    I knew you would come threw if for nothing else, then to care.

    Sometimes we all have a breaking point and feel “we have met our match”. Maybe this was hers as I respect the level she comes from.
    I too have been in contact with carie and also “hear” your reasonings of what she coulda, shoulda, woulda done. And, lets face the facts that ALL of your wonderful suggestions don’t mean “a hill of beans” when the cards on the table is set up FOR pure corruption.
    But, we stay in the game.
    And YES, E Tolle, when you said,
    (latching on to grandiose theories that might make a ton of sense in the dark-nether reaches of the world-wide-web late at night will get you tossed out onto the pavement in front of the court house ten times out of ten when you’re supposed to be dealing in basic law. If and a big if!, basic law were used in this society now, we wouldn’t be LOOKING for grandiose ideas in the first place.

    Carie’s ideas ARE logical and the reason I know?- is I’m doing them
    myself. Unfortunitely for carie, CA’s so called laws are causing More fraud from getting the relief that by law, they are to get.
    So, there’s a breaking point and I don’t blame her. I know these as you say,
    grandiose theories DO work. I’ve seen them and I’m getting the proof for myself and others.
    Yes, we’ve written about them on here, but I’m at the belief that SO many of you are WAY too conditioned that going to court IS the only solution and if that were so, why are we STILL blogging? I CAN say for a fact THAT’S not true. Enraged, I’m sure carie’s spoken to you of her theories and I can see people-poo-poing her ideas.
    All I can say to that is THANK GOD there are other sites on this web besides THIS one. So please, make it apoint to question more on here becaue as I pointed out on other posts on here about the Judges oath?- THEY make an ASS out of you and ME!-HA

  15. let me know what strategys are available robert

  16. is there not one or two attorneys that have a confilict with a bank on there own home and have gotten results. if so iam sure you have a wealth of information to extend. are you not mad enough about what is going on in america to form a group to fight as a group. each one of us chipped in and went at this organized we would be united we stand and divided we fall. lets hear from the people that think this can be accomplished. waderobert65@yahoo.com robert.

  17. dave mosier lpksinc@gmail .net corporation knowledge, robert sent you

  18. The travesty of justice is that – by far – most people, 99%, cannot afford attorneys and there is little or no hope without an attorney and most attorneys by far, 99%,want nothing to do with foreclosure defense and definitely not homeowner foreclosure offense. Those who tried to keep their homes by doing the “right thing” and pay a toxic product on time for years even decades now – even if they lost a job kept paying and paying – until they wiped out their savings until broke. This is more the case than not. Millions and millions of foreclosures have proceeded with no question of anything by anyone in non-judicial states. If questioned –futile for most by far, 99%. If questioned you’re a deadbeat. Investors walked out with the cash years ago and they continue to let them go now if they still have them – it’s a business decision. Long time owners who don’t even care if their low ltv is now underwater after a 50% decline (just wanted to live in the home and maintain the home as always – no business decision and nothing wrong with that) are the ones who are broke now and getting tossed out on the street with no money to store possessions and no money or credit to rent. Who is doing the tossing? – not the principal party “owner” of the secured interest harmed by the non-payment. How much is owed that party? – not even considered. (Non-judicial – decades of ownership now over 90 days from NOD by non-beneficiary and ADOT by different non-beneficiary to trust closed years ago. About to just evaporate as if never existed – an non-entity – no big deal. Others from same (servicer not lender) still proceed without even naming or assigning to trust. Never questioned in 99% of non-judicial and ignored in judicial. What a racket. What a windfall. Paid for by taxpayers.

  19. yes is the answer contact dave mosier at lpksink@gmail that is exactly what he is doing, ph 408 886 4076 san jose calif.

  20. @tnharry, I understand. But as to the “does little to save individual homes” part, I hope to prove you wrong there. And believe me, I know it’s a very uphill battle, one that is definitely not for weak hearts. I also understand that, IMO, going pro se is, on average, akin to seppuku with a rusty blade. A long lasting act, to say the least.

    However, researching the nuances i.e. the fraud individual to one’s own case can save mucho $$$ and create a better defense/offense than can be had by simply turning it over to a busy attorney who’s content to run through the motions learned years ago. If you can find one who will work that way.

    Tnharry, when the shit hits the fan, write me. I’ll do what I can. I’ll explain that all bankster attorneys aren’t all bad. Then maybe in the brave new world that arrives, you can mow my yard for a change. Oh, and I don’t take my bath water too hot.

    🙂

  21. Your correct…hose-house, contact-contract too. Gotta watch that spell check.

    There has to be someone, somewhere with heart, empathy and character, that will take this on…

  22. @ chris, do it. Also send to your representatives asking for/demanding that they awaken to the issues.

    Oh….and change hose to house in the third to last paragraph. I’d hate for anyone to think you’re after garden-ware

  23. @e.tolle – i meant no offense by the “swapping spit” reference. the conversations here may result in enhanced knowledge of the masses and a rise in the collective wisdom, but it does little to save individual homes, especially when some may latch onto some of the more exotic defenses/claims to their detriment.

  24. @Chris,

    Have you tried Max Gardner? Mandelman? Dylan Ratigan?

    Be a squeaky wheel.

  25. Not quitting…sorry. Type-o

  26. @ All

    Copy of letter sent to several law schools, after calling a variety of them, with no results to report, ye.t I am quiting yet

    Hello,

    My name is Christine Konar, currently living in NC. I am attempting to find out if there is a place to start and establish a foreclosure project, similar to the Innocence Project? It appears the financial giants have done a remarkable job of marketing themselves as victims of inept people buying homes they could not afford; hence the real estate meltdown suddenly occurred.

    It is me and my peer’s contention, this is not the case, and want to find avenues which present the truth, in its entirety, to the mainstream public, as to educate and properly dispel these untruths.

    In my personal possession, I have forged documents and assignments that are not reliable, plus the questions of insurable interest from servicers that have taken the stance of “true ownership” of something, that have not been properly documented and advanced through the system, of deeds and protocols of legal acquisition.

    We currently have a complete “disregard” for the laws and Constitutional rights of citizens flowing into/through our judicial system, that is wrought with violations of peoples rights, fraud, forgery, unlawful seizure of assets and unjust enrichment from organizations who have used our system to desecrate an entire real estate empire, where peoples lives are completely destroyed, rendered homeless, credit worthiness reduced to negative values (maybe), where the stress of the situation is compelling, in that they are medicated, falling ill with heart attacks, strokes, depression, suicide and various other physical and mental impairments. For me and others, this is not very different than the Innocence Project, in that we as citizens are being punitively prosecuted, financially broken and blamed for systematic failures in our government, that should by law at the very least allow us our day in court, to reveal the truth, the whole truth and nothing but the truth.

    Our citizens are being denied our day in court, to face our accusers, when they say we are deadbeats and want a free hose. That is an outrage. These houses are our homes, after making down payments, mortgage payments and upkeep/upgrades. We are a party in this contact and being denied due process. What is the difference between this behavior and a criminal defendant’s plight, really?

    2012 is projected to have 10 million more foreclosures and Freddie Mac and Fannie Mae want to auction properties to investors, to rent them? How can a Democratic country, as we call ourselves, even consider doing this and not allow hard-working, taxpaying citizens/homeowners to retain their lives body of work and journey to retirement in a home they have spent tens-of-thousands of dollars paying for. And as a side bar: these foreclosures are affecting every community, regardless of race, income, education, ethnicity or status.

    Is there anyone out there who can/will help the American people and their loss of dignity and security? We need help and am pleading with anyone to help us gather momentum and acquire the ability to at the very least help ourselves, as many of us are drained of financial resources to pay experienced attorneys the prohibitive costs associated with this attack on “the American Dream”.

    Regards and Thanks for your attention in this matter. Sincerely, Christine Konar

  27. @tnharry,

    Glad to read from you. You took the words out of my mouth. People don’t realize how insulting they come across to judges when they come up with conspiracy theories instead of hard facts, breaches laws, trus facts.

  28. Right on Enraged. I feel for carie, I know she has a heart of gold and would do anything to help others. But the problem is like tnharry said, latching on to grandiose theories that might make a ton of sense in the dark-nether reaches of the world-wide-web late at night will get you tossed out onto the pavement in front of the court house ten times out of ten when you’re supposed to be dealing in basic law. Not to say that some of these theories aren’t correct and shouldn’t be pursued….the banks DO create money from nothing…. but that fact isn’t something that the 30 year — 9 to 5er judge is willing to entertain with his/her full docket. Those issues WILL be dealt with soon enough with Occupy, you can take that to the bank.

    However, and it’s a big HOWEVER, tnharry’s point about pro se folks swapping spit not amounting to anything is just plain wrong. I came into this site and other similar web offerings a few years ago totally dumbfounded on these issues, and I’m now confident enough to “educate” my state’s justice officials on the inner workings of fraud inherent in a whole sub-system of the banking industry, and hope to knock the legs out from under one of the well known players in the field. This became a passion, not just about trying to fix the elements of fraud in my own case, but about finding the Achilles heel in a corporate body so full of fraud, so in your face corrupt as to be a blight upon mankind itself, so much so that the only way this criminal enterprise has been capable of functioning is through all out regulatory capture and immense campaign buy-offs across the board.

    Will little ol’ me be successful in shutting down a massive criminal enterprise? Maybe. Probably not. But my intention is to put the authorities so far out on a limb that it becomes obvious that they have two distinct choices staring them in the face….1) investigate and prosecute both the civil and criminal facets of what I’ve uncovered, or 2) turn their backs on the illegal acts thus exposing their complete capture to the world. Either way, with the vast interconnections of the internet and the resources I’ve nurtured over these last few years, I truly believe that although it’s their choice, they’d best choose wisely….either do the right thing helping the American people as they swore an oath to do, or face the music when their graft is exposed on a wide scale.

    It’s simple choice: help the people who elected them or help the banks who bribed them. It’s my belief that it won’t be long before those who choose the latter will rue the day and beg for forgiveness. When millions more are tossed illegally, Occupation will rule. It’s all about a huge reckoning followed by atonement. I’d be willing to bet that Saddam Hussein and Muammar Gaddafi would take a mulligan if offered. Closer to home, so would Bernie Madoff.

    If you’re reading this, good luck carie.

  29. upon surving my vote will go to paul all the way, i do pray nothing happens to this person………….. robert

  30. Colleen,

    I’ve been in touch with Carie for several weeks. I did give her my best ideas (Atty Fagan, Mandelman, contact Matt Weidner, Max Gardner and Mark Stopa and request names, phone numbers, etc. of good attys in her neck of the wood) and, most of all, OWS.

    I want you all to understand what is going on:

    1) If you are in non judicial, fighting is tougher than in judicial. If you want a fair chance, you MUST make your case a judicial case. How? BK, go on the attack for respa, tila, fdcpa violations, etc. A good attack will always, always preempt the best defense.

    2) Do not waste your time with exotic defenses and arguments judges do not understand. PSAs, trusts and such are for the SEC to investigate. Don’t squander your energy running after every rabbit. Stay focused on the real issues.

    3) The only solid argument to make is: a mortgage note is like a check. No one can assign/transfer a check except the payee. Several states have ruled that way” NY, Ohio (don’t know which other ones but they exist) that , not being the payee, MERS could not assign/transfer a note. That’s called common sense. Go for common sense any day of the week. The is the only way to reach judges.

    4) Follow the money. Which means that you do not wait for the last minute to search your records, your servicers, your transfers, and others. Preparation is the key to absolutely anything. If you don’t prepare, you will not win. As simple as that. Get on your case, find out who the original lender was, go the recorder’s office. Google everything and everyone. How do you think I found out that my lender was also… my title insurer? Take notes, trace back the money with a timeline of events. When was this “allegedly” transfered? What date? When should it have been? Which law appears to have been breached? Was it done in accordance with all laws of my state? Do I have a cause of action? Who has standing?

    5) Going on the attack alone is risky. As a pro se, you run the risk of losing simply by virtue of the fact that you can’t afford an attorney and you are a “deadbeat”. The cards you’re dealt were pulled from the bottom of the deck in advance. Do everything you can to get an attorney but understand that you are the client. It is up to you to tell your attorney what you want him to do, when and how. If your attorney does not make it simple for you, he is not good. Change.

    6) We have a few solid attorneys nationwide and I would venture to say that there is at least one in each state who’s won a foreclosure defense case. Go to him. Negotiate the hell out of your representation. Monthly payments plus contingency basis on the results.

    Be practical. Be proactive. Be determined. Think “How can i inflict the maximum of damages to the servicers and force it to walk away?” Understand that everything, everything without exception, comes down to money. Think as your battle as a real one, with trenches, soldiers, weapons, etc. What do you think generals do when faced with battle? They consult previous records to see how that general overcame that situation. Understand that, in order to win against Napoleon, you must know what Alexander the great did and how he fought. So, find good attorneys, get filings and motions from them or from your court. Normally, everything is public records.

    And good luck to all. We’re all in this together.

  31. just my$.02 here…

    It took some doing, but filed my own suits and had to amend parts, but found an attorney, with heart (so far).

    He is helping me with the pleadings and discovery. For me, trying to do all the research, sending it to him and he deciphers the importance/substance of the information. We are trying to stay at the basic permises and not get to bogged down in proprietary documents, until we can find ways to acquire them and use them appropriately.

    The conspiracies and collusion are there, but it is a large hurdle, with all the protections they have in place, to include judges who may be biased.

    Maybe this is worth mentioning again. The Innocence Project was started with law school interns, trying to get people on death row new trials and such. Why is it not possible to seek out similar people for this sytematic fraud?

  32. @iwantmynpv t 6:12

    LOL! Let me know if that works, and I’ll be setting up a seminar!

  33. colleen: re: carie. Maybe contact Mandelman Matters (Martin Adelman), he has been quite successful in gathering support nationally for f/c victims. Keep us all posted.

  34. my heart truly breaks for Carie – I tried so many times to give her advice and spent a ton of time emailing her suggestions. learn from her experience – swapping conspiracy theories here and getting bogged down in minutiae is not a long term plan. make sure you see the trees instead of just the forest. find a couple of good, workable issues in your facts and file your case. don’t get dragged down into the “not really a loan”, pretender lender babble. the banks don’t like to play defense. they’re much more geared toward playing offense. if nothing else, you move your case away from the foreclosure mill to the ivory tower counsel specializing in defense, and those guys are billing enough per hour to make the bank take a second and third look at resolving your issues. i’ve seen this happen many times. the foreclosure lawyer is handling the case for a flat fee while the defense firm is racking up thousands. if you can survive the motion to dismiss and get into discovery, the bank’s already in the hole upwards of $10k in fees and several months. they will make deals they never would have made before. do this, do something else, but do something. i’ve seen several active people just disappear from the site leaving everyone to wonder and assume that they lost and faded away. swapping stories and theories with other pro se people who, if they’re really honest with themselves, would admit that they don’t REALLY know what they’re talking about doesn’t get you anywhere. find a lawyer, file a case, and make it difficult for them…

  35. Dear Enraged and others concerned for carie,
    Your right to wonder about her. She needs our help as I’ve gotten
    an email from her stating in part, (the Unlawful Detainer summons was extremely traumatic for me—hitting me like a ton of bricks that everything I had tried to do was in vain)-as you know how many times she has written on here to help others and she now feels (like the evil “powers that be” are pretty much unwinable at this point…and I’m just so sick of all the lies and deceit…I just want some peace…and quiet…and joy!!)
    I want that for her too!
    And yet she STILL wants to help others by writing-and of course do what I can to help get the truth out—and get justice for people!

    So WHAT CAN we do to help her?

    Please, for as many ideas as possible for California.
    Colleen

  36. @ iwantmynpv

    Is there any legal reason we could not do that? I mean, you are kidding, but if the Supreme Court says it is true, we should be able to be a Corporation, right? That’s the law of the land. Maybe we can use that, to our own best interest? Of course, last time I checked people can own corporations, but cannot be them.

    Now, if corporations ARE individuals, then the banksters should be sued for personal liability on this fraud, etc…whereby, we sue them, get a judgment and lien their house, then foreclose on them, right?

  37. I have a great idea. Thanks to the Supreme Court all Corporations are now also individuals. From that position, it must mean that all individuals are also corporations.

    Everyone needs to go get a W-8 and file as a Corporation within their state. All of the former wages we were being paid now becomes business revenue, since i have costs related to performing my job function. For example: for my business to run properly and be productive to generate that revenue (wages, remuneration), go to work requires a bowl of rice krispies, shelter to protect my business from the elements, heat, electric, clothing..

    Why don’t we all convert to being corporations, rent the houses for half the mortgage price, and take write-offs against against the remuneration we are being paid as a self-corporate entity. After all the expenses associated me getting my corporate ass out of bed each morning – i will have no tax liability. In fact, I have decided that my new corporate self, will be as second federal reserve corp,and not only will I never pay taxes, I will also be a great creator of notes / dollars, and i will make them from thin air through a balance sheet entry and i will lend them to all others with interest, of which I will also decide by controlling the amount I will lend.

    If reincarnation really existed we should all be lucky enough to come back as a toll booth on the George Washington Bridge or a bank holding company.

  38. @ Robert

    I am not an attorney, just giving you my thougths about options to buy time. M Soliman is correct about the Lis Pendens, however I am doing everything that presents itself, legally to slow them down and hopefully get resolution. There are some other options, that are in my folder too, but I am taking this one step at a time, it is far too important to push through. In order to get relief we need to address the court and hopefully the judge understands this is not about a free house, in many cases, even though they are paid for. No one on this blog made down payments, paid mortgages and upkeep/upgrades and wants to end up renting their own property or selling to someone for pennies on the dollar. This is just not American!

  39. @ Robert

    In Chapter 13 you have 14 days to ask for a “Motion to set aside the dismissal”…Form 16D in US bankruptcy court documents online.

    As for the foreclosure try and get an injunction and restraining order to stop them.
    YES SOOUND ADVICE

    If that fails you can appeal and tie them up for months.
    WOULD NOT BE PUBLISHING THAT KIND OF STUFF –
    DOJ AND EVERYTHING …

    Filing a Lis Pendens will notify every one, the title is in question.
    BANDAID ON A BROKEN LEG

    Motions and complaints are not difficult to file, the language needs to be correct.
    AHHH..IT HELPS TO INCLUDE MERIT …SUBSTANCE AND STANDING AS A MOUVANT

    THERE IS ONE OR TWO HUGE PRE PETITION CLAIMS I SEE WORKING …THAT ARE NOT BEING MADE. THEY EACH HAVE TEETH TO THEM .

    TRUST ME ON THIS . HUGE !

    Not an attorny and not licensed to practice law. For non legal opinion and readers personal views. Call your state Bar to learn about how to defend your rights and property title.

    MSoliman
    expert.witness@live.com

  40. Ron Paul, everything that comes out of his mouth is exactly right to my ear.

    ISOLATIONIST

    NEVILLE CHAMBERLAIN AND ROOSEVELT TRIED IT …
    TILL JAPAN AND GERMANY WOKE THEM UP.

  41. Nora – We aren’t squatting dear lady! The banks didn’t lend any money, (general ledger and incured debt by US say’s not true. ) the contracts are void for lack of consideration (No HUD -1 really?) . The people own the homes, (According to US land patent ?) and they are entitled to live in them as “owners” not squatters.(Right on ..let my people go )

    Wow Distortion / Vile thoughts of hatred and disgust for your lender …
    The US Government?

    Organize, learn and prepare …you can win . But not talking crazy talk .

    Nora, play their game and take them head on . You forgot to add – You never missed a payment!

    Trust me …ask the master servicer or IRS !

    Slow down cowboy. There’s gold in them noodles . . .
    slow it down ,

  42. @Enraged,
    We aren’t squatting dear lady! The banks didn’t lend any money, the contracts are void for lack of consideration. The people own the homes, and they are entitled to live in them as “owners” not squatters.

    I love Ron Paul, everything that comes out of his mouth is exactly right to my ear. I fear for him, though. The bankers don’t mind getting rid of people who threaten their empire. Lincoln and Kennedy paid with their lives…Andrew Jackson survived an attempt on his life, four others were giving the central bankers tough opposition, for which they got poisoned! We need Ron Paul to restore our nation, he is a great leader whose views are aligned with those of the good people of this country. We must protect President Paul better than any president ever has been, because the criminals who run our government are in a panic now that they see the future: a sitting president that isn’t going to be bought who stands on principle and upholds the constitution. His presidency will bring the demise of the Moneychangers, restore personal freedom and liberty, and be a catalyst to real change, not the phoney campaign rhetoric of that corporate puppet, Obama who promised “Change we can believe in.” The only change he brought about was from a democracy to socialism, from prosperity to poverty, and from having a right to due process of law, to being completely devoid of rights as citizens.

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

  44. iam going to recorders office and record my suit that is in federal court jurisdiction, les pendes to slow any investor attempting to purchase home. let me know how you make out, like you iam a fighter robert………..

  45. Fannie and Freddie losses already exceed 400 billion when mark requirements are taken properly. They are discounting right now because of the almost 500,000 REO’s and the additional 4 million loans in default which are being carried as held to maturity.

  46. @ Robert

    In Chapter 13 you have 14 days to ask for a “Motion to set aside the dismissal”…Form 16D in US bankruptcy court documents online.

    As for the foreclosure try and get an injunction and restraining order to stop them. If that fails you can appeal and tie them up for months. Filing a Lis Pendens will notify every one, the title is in question. There is more, but I cannot get you everything this fast. Please help yourself. Motions and complaints are not difficult to file, the language needs to be correct. Many places online you can find cases and examples. I do not have mine today, but when I get them I can spell it out, as I go to court Tuesday for the same thing.

    Good Luck!

  47. @robert wade,
    Opinion,
    After the trustee sale, they do a bunch of filings in the county clerk’s records. Keep track of what’s filed by looking at all filings by date, because if you look for your name as Grantor or Grantee or their name as Grantor or Grantee you may miss things filed between the Trustee and the Pretender. The only thing constant is the description of the property as they do the paper dance to ‘create the illusion’ of ownership and transfer of ownership. After a while they’ll file a case with the county courthouse claiming to be a landlord and you as a tenant who won’t leave the premises. They will seek a unlawful detainer or a writ of possession.
    The sheriff delivers the order by hand. Anyone who answers the door for that Sheriff will receive that paperwork and will be considered a ‘Notice to Agent is notice to Principal, Notice to Principal is Notice to Agent’ kind of scenario. I guess a better way to say it is they won’t give it to a kid or a toddler but if a minor answers the door, they will get the paper. He’s supposed to get a signature on the documents. Do your best to write on that paperwork that will end up filed with the court your objection to the suit. Even if you write they are suing the wrong party or the foreclosure sale is a fraudulent conveyance, or whatever truth you have…write it on the front page of that document “before” you place your signature. Anything written after you’ve ‘sealed’ a document is not part of the agreement.
    Think back when you bought a car and wanted an extra and the salesman got you to sign and said he’d ask his boss for the extra if he got the agreement, and so you sign and he writes on it the extra you want, and he walks off and sits in a chair somewhere and comes back and says his boss would not agree to the extra and he’d cross it off right in front of you and you still had signed the agreement without the extra.
    All contracts are similar like that. Think back to how you wish you’d said you wanted something before you agreed to accept something.
    I don’t know how to come out of the belly of the beast with your property still your own.
    Opinion.
    Really for all of us to work as hard as we do to maintain and pay for our property and to have it seized it like a reverse peonage. Peonage is where someone makes you do forced labor to pay off a debt, but in our case they let us labor for rights to live in our home, as we pay off the debt they let someone else claim a supreme right to it and steal the property right from under us. Peonage is a 13th Amendment violation.
    It seems Obumma doesn’t get involved because there is that old rule ‘no law impairing the obligations of contracts shall be made’. People forget the very things that protect us, protect them more. So the courts are there to settle disagreements between parties who’ve had a meeting of the minds…but these fraudclosures are between parties who have not had a meeting of the minds, no consideration, no offer, no acceptance. This is a great distortion of the protection. The people created the protection and the system that is supposed to protect the protection is protecting the violators of the protection.
    There is always a record of the theft no matter how may pieces of papers are filed. You can always go back and see the history of any transaction and see the title is clouded. Conveying the Brooklyn bridge happens when the Sovereign Sheriff appears to do the dirty work for the bank. They have “unclean hands” on the entire process, but only a sovereign can dispossess a sovereign. You’ll know when a sovereign is after you when he ‘of his free will’ posts that notice that he will return on a certain day to make sure you get out or he’ll put his hands on you and make you get out…that transfers the ‘unclean hands’ to him because they can’t make him do it. He has to want to do it.

    Trespass Unwanted, corporeal, life, free, in jure proprio, jure divino.

  48. I wish for three more wishes.Wish one. A compleet accounting from the open of escrow, through the close, and to date.Wana play lets play!

  49. well iam about to see the belly of the beast, i have a trustee sale on wed. the 18th of at 10 am. they have notice of adversary hearing and it will take place on march 1 at 10 am in federal court. what i dont know is i filed it under chapter 13 bk. which was dismissed for incomplete filing. it may get dismissed as well. i am thiniing of refiling case of chapter 13 again to create insurance of a hearing on march 1. mean while iam at the sale and they may try to come and change locks and take possession. question is has this happened to any one out there and how did you fight back? let me know. robert 209 242 4484, waderobert65@yahoo.com

  50. @ neidermeyer

    We have ours on reserve. You want the place, It’ll look like a pile of pick-up sticks. This is no joke folks. Bright, intelligent, hard-working folks are fed up. They steal, lie, cheat and get taxpayers money for investments for stolen goods. Wow, just incomprehensible to wrap my head around.

  51. Some of you are about to get your wish. Hell IS about to freeze over and these properties will either be available at cents on the dollar, or the liars who pretend to own them will be out of business. So you can just move back in.
    IMHO we’re about to see the ugly belly of the beast revealed and it will not be pretty. When this happens the way things go next is anybody’s guess, but the days of extend and pretend are about over.

  52. Put up NO TRESSPASS signs and shoot the looksmith if he or she is a threat to you or your family . Beleave me they are. There’s nothing left of my family .Do you think anybody cares?Not looken like it from over here.What say you George?STAY IN YOUR HOUSES ,and demand a full accounting.Dont be a fool like me. VERY TRULY YOURS TODD HESS

  53. So let’s say they get what they want and make us all renters, than no one will ever upgrade and fix their rentals, killing the big boxes and realtors ( not such a bad thing ….LOL )

  54. i really is hard to believe that a consideration is being made to give more bail money to banks for rentals to investors to revitalize economy. unbelievable, iam gasping for air………………………..

  55. I’d rent a backhoe and tear it down first ….

    http://www.sunbeltrentals.com/equipment/equipment.aspx?itemid=0530210&catid=s357

    With 9.8M houses 90+ days delinquent it’ll take at least 3.5 years to churn through the backlog ,, and by then with 4 more years of prices declining at 10%+ a year there will be ANOTHER 10M houses delinquent.. not to mention that we had a 10% decline in average income since Obama ,,, the squeeze will continue until enough people get in their face and demand the root of the problem be addressed.

  56. “discount sales to investors who would then rent out the properties”

    Hell will freeze over, before they rent my house! This is making me more angry every day and usually I am more rational, but really. Every dime I put in, taking a home, not a house, that they do not legal haveownership of and renting in my face, after 150k in DP, payments and upgardes.

    The bull dozer looks better each day! Let them pay to rebuild.

  57. The idea of having Fannie and Freddie unload thousands of foreclosed homes to investors gives me a really nasty rash. It’s still the same idea: after having taken the jobs and put homeowners in a desperate position, let’s take their house too, throw them on the curb, sell to investors and force the destitute… to find overpriced shelter (can’t find good rent with a shot down credit rating) and be completely destabilized. Let’s not forget that many of those foreclosed homeowners used to be investors themselves: they had IRAs, 401Ks, they had planned for their future. It was stolen from them.

    For those who lost it all, job, house, pension plan, health insurance, etc., tough luck! When they become too much of a sore sight, FEMA camps will await them with open arms.

    Oh, and btw… let’s not forget to tax all those people for whatever unemployment income they received and which stopped right around… August? September, maybe? Because our government… needs money! Ours. And a lot of it quick!

    I will not vote for Obama this time around. I will not vote for Romney or any of the dangerous republican loonies either. I will vote. Blank if Ron Paul doesn’t run as an independant. And then, I’ll see what happens or doesn’t happen.

    I want so much to see the country paralyzed by strikes and everything coming to a halt until our government realizes that this is it: no more free ride. Wall Street would never have the means to restore any of it.
    It will have to come to that if we are to succeed in removing money from government and in righting the millions of wrong committed.

    Squat in your house as long as you can.

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