Our Turn to Strike Back: Schneiderman Files Massive Lawsuit Against Pretenders

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“The banks created the MERS system as an end-run around the property recording system, to facilitate the rapid securitization and sale of mortgages. Once the mortgages went sour, these same banks brought foreclosure proceedings en masse based on deceptive and fraudulent court submissions, seeking to take homes away from people with little regard for basic legal requirements or the rule of law,”

EDITOR’S NOTE: Don’t confuse this with other cases. This is the first shot that seeks to drive a stake into the heart of the foreclosure process and NOW, unlike before, the defendants have committed themselves in millions of foreclosures where upon challenge they had been successful at playing shell games with the documents. Everything they did is  engraved in stone now and it either can’t be justified or it can be. Schneiderman has crafted a well-written, well-reasoned lawsuit, but more than that this lawsuit in long a facts and short on presumptions. That is what makes it different.

Read this and use it in your pleadings.

A.G. SCHNEIDERMAN ANNOUNCES MAJOR LAWSUIT AGAINST NATION’S LARGEST BANKS FOR DECEPTIVE & FRAUDULENT USE OF ELECTRONIC MORTGAGE REGISTRY

Complaint Charges Use Of MERS By Bank Of America, J.P. Morgan Chase, And Wells Fargo Resulted In Fraudulent Foreclosure Filings  

Servicers And MERS Filed Improper Foreclosure Actions Where Authority To Sue Was Questionable

Schneiderman: MERS And Servicers Engaged In Deceptive and Fraudulent Practices That Harmed Homeowners And Undermined Judicial Foreclosure Process

NEW YORK – Attorney General Eric T. Schneiderman today filed a lawsuit against several of the nation’s largest banks charging that the creation and use of a private national mortgage electronic registry system known as MERS has resulted in a wide range of deceptive and fraudulent foreclosure filings in New York state and federal courts, harming homeowners and undermining the integrity of the judicial foreclosure process. The lawsuit asserts that employees and agents of Bank of America, J.P. Morgan Chase, and Wells Fargo, acting as “MERS certifying officers,” have repeatedly submitted court documents containing false and misleading information that made it appear that the foreclosing party uad the authority to bring a case when in fact it may not have. The lawsuit names JPMorgan Chase Bank, N.A., Bank of America, N.A., Wells Fargo Bank, N.A., as well as Virginia-based MERSCORP, Inc. and its subsidiary, Mortgage Electronic Registration Systems, Inc.

The lawsuit further asserts that the MERS System has effectively eliminated homeowners’ and the public’s ability to track property transfers through the traditional public records system. Instead, this information is now stored only in a private database – which is plagued with inaccuracies and errors – over which MERS and its financial institution members exercise sole control. Additional defendants include BAC Home Loans Servicing, LP, Chase Home Finance LLC, EMC Mortgage Corporation, and Wells Fargo Home Mortgage, Inc.

“The banks created the MERS system as an end-run around the property recording system, to facilitate the rapid securitization and sale of mortgages. Once the mortgages went sour, these same banks brought foreclosure proceedings en masse based on deceptive and fraudulent court submissions, seeking to take homes away from people with little regard for basic legal requirements or the rule of law,” said Attorney General Schneiderman. “Our action demonstrates that there is one set of rules for all – no matter how big or powerful the institution may be – and that those rules will be enforced vigorously. Only through real accountability for the illegal and deceptive conduct in the foreclosure crisis will there be justice for New York’s homeowners.”

The financial industry created MERS in 1995 to allow financial institutions to evade local county recording fees, avoid the hassle and paperwork of publicly recording mortgage transfers, and facilitate the rapid sale and securitization of mortgages. MERS operates as a membership organization, and most large companies that participate in the mortgage industry – by originating loans, buying or investing in loans, or servicing loans – are members, including JPMorgan Chase, Bank of America, Wells Fargo, Fannie Mae, and Freddie Mac. Over 70 million loans nationally have been registered in MERS System, including about 30 million currently active loans.

Through their membership in MERS, these companies avoided publicly recording the purchase and sale of mortgages by designating MERS Inc. – a shell company with no economic interest in any mortgage loan – as the “nominal” mortgagee of the loan in the public records. Instead, MERS members were supposed to log mortgage transfers in the MERS private electronic registry. The basic theory behind MERS is that, because MERS Inc. serves as a “nominee” (or agent) for most major lenders, it remains the “mortgagee” in the public records regardless of how often the loan is sold or transferred among MERS members. Thus, although MERSCORP has only about 70 employees, MERS Inc. serves as the mortgagee of record for tens of millions of loans registered in the MERS System.

MERS has granted over 20,000 “certifying officers” the authority to act on its behalf, including the authority to assign mortgages, to execute paperwork necessary to foreclose, and to submit filings on behalf of MERS in bankruptcy proceedings. These certifying officers are not MERS employees, but instead are employed by MERS members, including JPMorgan Chase, Bank of America, and Wells Fargo.

MERS’ conduct, as well as the servicers’ use of the MERS System, has resulted in the filing of improper New York foreclosure proceedings, undermined the integrity of the judicial process, created confusion and uncertainty concerning property ownership interests, and potentially clouded titles on properties throughout the State of New York. In fact, several New York judges have questioned the standing of the foreclosing party in cases involving MERS loans and the validity of mortgage assignments executed by MERS certifying officers.

The lawsuit specifically charges that the defendants have engaged in the following fraudulent and deceptive practices:

  • MERS has filed over 13,000 foreclosure actions against New York homeowners listing itself as the plaintiff, but in many instances, MERS lacked the legal authority to foreclose and did not own or hold the promissory note, despite saying otherwise in court submissions.
  • MERS certifying officers, including employees and agents of JPMorgan Chase, Bank of America, and Wells Fargo, have repeatedly executed and submitted in court legal documents purporting to assign the mortgage and/or note to the foreclosing party. These documents contain numerous defects, including affirmative misrepresentations of fact, which render them false, deceptive, and/or invalid. These assignments were often automatically generated and “robosigned” by individuals who did not review the underlying property ownership records, confirm the documents’ accuracy, or even read the documents. These false and defective assignments often masked gaps in the chain of title and the foreclosing party’s inability to establish its authority to foreclose, and as a result have misled homeowners and the courts.
  • MERS’ indiscriminate use of non-employee “certifying officers” to execute vital legal documents has confused, misled, and deceived homeowners and the courts and made it difficult to ascertain whether a party actually has the right to foreclose. MERS certifying officers have regularly executed and submitted in court mortgage assignments and other legal documents on behalf of MERS without disclosing that they are not MERS employees, but instead are employed by other entities, such as the mortgage servicer filing the case or its counsel. The signature line just indicates that the individual is an “Assistant Secretary,” “Vice President,” or other officer of MERS. Indeed, these documents often purport to assign the mortgage to the certifying officer’s own employer. Moreover, as a result of the defendants’ failure to track the designation of certifying officers and the scope of their authority to act, individuals have executed legal documents on behalf of MERS, such as mortgage assignments and loan modifications, when they were either not designated as a MERS certifying officer at the time or were not authorized to execute documents on behalf of MERS with respect to the subject loan.
  • MERS and its members have deceived and misled borrowers about the importance and ramifications of MERS’ role with respect to their loan by providing inadequate disclosures.
  • The MERS System is riddled with inaccuracies which make it difficult to verify the chain of title for a loan or the current note-holder, and creates confusion among stakeholders who rely on the information. In addition, as a result of these inaccuracies, MERS has filed mortgage satisfactions against the wrong property.

The lawsuit seeks a declaration that the alleged practices violate the law, as well as injunctive relief, damages for harmed homeowners, and civil penalties. The lawsuit also seeks a court order requiring defendants to take all actions necessary to cure any title defects and clear any improper liens resulting from their fraudulent and deceptive acts and practices.

The matter is being handled by Deputy Bureau Chief of the Bureau of Consumer Frauds & Protection Jeffrey K. Powell, Assistant Attorney General Clare Norins, and Assistant Solicitor General Steven C. Wu, under the supervision of First Deputy Attorney General Harlan Levy.

Attachment:

 

53 Responses

  1. My refi in 2010 did not contain MERS but the original loan did. BoA and BAC have bounced ownership back and forth with FM claiming ownership. The last assignment was May 16, 2011, back from BoA to BAC and this was done after our chap. 7 was filed. It is all BS and just a game of which cup is your “note” now under. I am not sure what you mean exactly by your comment. Can you elaborate a little for those of us who are a little slower than the rest?

  2. What about those that are not MERS? Ahh — that is where the details are so bad — unspoken. Investigation of these “loans” would force MERS to pack it up.

  3. Oh well,,,,another New York Beatdown (yawn). Little wonder that citizens in the other 50 states HATE New Yorkers because of our cajones and arrogance. 🙂 Enraged….pass the bottle, save me a hit on that blunt.

  4. @ homeowner in waiting

    Here is another avenue you might want to explore:

    http://www.ftc.gov/bcp/edu/pubs/consumer/homes/rea11.shtm

  5. ATTORNEY GENERAL NY IGNORING ‘NEW ORGANIZATION’ OF MERS?

    “Titan is authorized to execute changes on its clients’ behalf.”

    “”Titan has been a long-time supporter of MERS” Mary looked up MERS MEMBER RECORD the MEMBER ID 1006 indicates ‘new’ and attributes Vendor/Servicer.

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    WHO ARE/WERE THEY?

    (GOVERNMENT PROCURING) HAS TO BE RELATED TO FANNIE/FREDDIE MBA (MERS?)

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    MERS QA CHANGES ‘SERVICING AND SUB-SERVICING’ (SERVICE-LINK) ANYONE?

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    WITH TITAN’S CERBERYX PLATFORM, DATA RECONCILIATION NOW CAN HAPPEN MONTHLY WITH ALL DISCREPANCY CHANGES CAN BE TRACKED, VALIATED AND TRANSMITTED THROUGH OUR MERS(R) SYSTEM INTERFACE.

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    Incorporated in 2007, Titan Lenders Corp provides fulfillment services nationally within the commercial and residential real estate finance industry. We are an award-winning, fully domestic, certified WOSB firm. Our focus is to ensure quality lending by creating a sound investable, financial instrument utilizing our portfolio of services. Titan’s automated quality control solutions are embedded in our proprietary business process management software. Our web-based platform allows for client specific customization and transparency of process. Titan’s business strategy maximizes client relationships by being a highly efficient partner improving their business process, technology, investments, and profitability.

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    Headquartered in Mount Laurel, New Jersey, PHH Corporation (NYSE: PHH)

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    About PHH Corporation:
    Headquartered in Mount Laurel, New Jersey, PHH Corporation (NYSE: PHH) is a leading provider of business process management services for the mortgage and fleet industries. Its subsidiary, PHH Mortgage, is one of the top five retail originators of residential mortgages in the United States (*See Note 1), and its subsidiary, PHH Arval, is a leading fleet management services provider in the United States and Canada. PHH has more than 5,000 employees dedicated to delivering premier customer service and providing value-added solutions to its clients. For additional information about PHH and its subsidiaries,

  6. They are getting away with ALL KINDS of illegal things…

  7. Does anyone know if a “lender’s” use of warehouse lines of credit to fund loans is illegal? If I understand correctly, its illegal to lend borrowed funds. If this is true, how are “lender’s” able to use warehouse lines to fund loans?

  8. Any advice on how to format a online complaint to the Consumer Financial Protection Bureau (CFPB http://www.consumerfinance.gov) would be greatly appreciated. Fact patterns associated with my Home Equity Line of Credit that we thought was a conventional 30-year fixed seem to suggest origination fraud, appraisal fraud, predatory lending among other crimes.

    I want to make sure to get the appropriate areas reviewed. The infamous robo-signer Linda Green is associated with some of our documents. The principals are Wells Fargo, US Bank and Freddie Mac. The venue is non-judicial Georgia.

    Thanks in advance!

  9. podcast- california attorney wins free house before ninth circuit court of appeals

    http://www.scribd.com/doc/80497167/Attorney-Wins-Free-House-Before-Ninth-Circuit-Court-of-Appeals-PODCAST

  10. This addresses judicial foreclosures. Does it have any affect n non-judicial states?

  11. here is my personal version of it: I asked for a loan rescission in January 2011. I stopped making mortgage payments in January 2011. I have continued to pay the HOA fees, the property taxes as they were not escrowed in our payment, as well as the home owners insurance. We maintain the home in good condition and because we pay the HOA fees remain good “neighbors” in our community.

    BoA/BAC had an attorney, several months later, send a written acknowledgment of our rescission intention and told us they would not allow it. WTF..they would not allow it? I don’t have the law and case law support in front of me, but they must file a declarative motion to have a judge rule use his/her discretion in not allowing a rescission or to outline the terms of the tender. One of my arguments is that I did not owe them anything as of January 2010 as they totally disregarded the provision of the real estate law wherein it must be decided by a court. However, we all are too well aware that these TBTF mafias make their own law. I also use other legal arguments as well, but this one seems to be pretty cut and dry. Research it and I think you will find my reading of this real estate law is correct. Again, I am flying by the seat of my pants and have had no legal help to ask questions of so I could by way out there in ballpark 1 not knowing the game is actually going on in ballpark 2. But if anyone even gets a helpful idea to research or ask their attorney about that might help them, I’ll take the chance of ridicule!

  12. @TMT we have special history here in my County because our clerk at the time, Ed Romaine, stood up to the banks with the Chief Judge of the State and sued saying just what has occurred, would occur. That was 10 years ago, so some of us have a special insight into what is occurring because we lived it and fought it 10 years ago.

    Just like the Feds are usurping this issue now they did the same back in 2002. Just like they shot down NY State laws regarding pre-pay penalties under the parity act. This is not about individual mortgages and yes many folks do try their cases an win on many grounds I have seen here. That is why foreclosures have stopped in judicial states and they should be stopped in DOT States.

    Your best defense in a DOT State is filing suit before you even go late. if you are late file the Verification of Debt and hire an attorney when you do not receive it back within 30 days. They will not tell you who the actual creditor is when you are current because they have not transferred the loan over the MERS Platform to that party yet. Always try to send something each month, even if it is $100.00 so you can show a judge down the road you had by payment reaffirmed a debt to someone, you know you received a benefit when you refinanced or purchased, but you are not sure the servicer makes the actual creditor aware of your situation and impending default.

    Even if they accelerate and stop applying your remittance – you can show you were trying to fund a credit account that you created by your stamp / seal. Your signature created that money into the system and your obligation to pay through maturity. When you stop sending anything it is much easier for the lender to prove an intentional default. No effort by the obligated party.

    It is always the little things that throw the wrench in front of their intentions, and believe me this entire event was constructed to the upside and deflation side before MERS was created. MERS just facilitated bad intentions.

  13. Chas, you need discovery, and the right to question folks who worked at the agent of the originating lenders. Basically, the sub-prime bank or field office of Wells Fargo Home Mortgage (subsidiary) or any wholesale lender knew they were assigning loans to xyz pool through MERS and they were to be assigned to wells fargo home mortgage over MERS via the original mortgage docs in most cases. they used a warehouse line to fund the loans and had a first payment default buyback clause.

    The reason ALTA Members use MERS is to because the records were no longer recorded at the clerks office. The underwriter for the Title Company would have to know who to cancel the policy too.

    For example: if i refinanced with BAC, I am only contacting the Servicer to get a payoff from my current lender’s servicer Chase Home Loan Servicing.. Now when i go that loan it may have been sold several times and their is a swap tied to it is paid by the counterparty if i pay-off early. Somebody needs to inform all these entities that the loan has been refinanced and Chase the servicer will no longer be collecting monies. In a perfect recording world – these guys would have simply went to the clerk to be able to write the new policy and get the last mortgagee on record. With MERS they knew the system could not be trusted so they Title Company insisted on proof that the check was to be written to Chase Bank as servicer for payoff, and that the loan investor – master servicer would mark the pool records and inform the trustee that an event occurred to trigger the swap. The new lender was supposed to notify other MERS members that the loan re-entered the platform and a balnce sheet credit / debit would take place. That is why the Title Company always took a check from the closing attorney, and they would overnight the check form the attorney escrow account.

    There are only one trillion physical dollars on the entire planet. of which, more than half are physically held in Asia and Europe. New Century was funding almost 500-million to a billion dollars in loans per month. They were not a reserve system / member bank so they could not leverage – they used a warehouse line provided by a subsidiary of a bank that could create the magic money to fund loans. It is simple math – 11 trillion in mortgages and only one trillion physical dollars. they are all covered through balance sheet credits and debits. Just look who clears all the checks ,and money wires. Notice the payoff comes from the servicer and the funds must be remitted to the same servicer. Why wouldn’t we the borrower be paying off fannie mae,freddie mac or the certificate holders. Why?, because they don’t want you to know a swap is being paid to cover the lost interest payments on the security interest / bonds / securities/ certificates.

    The NY AG’s case talks just about this, where a homeowner who had refinanced had a lis pendens filed against their property with MERS as the Plaintiff. It had gotten to big and the members were lazy and never notified the system in many cases when a loan had been paid off by another bank. The old bank told mERS to foreclose depsite being paid. It is happening all over the Country and that is really what HARP is about, get new docs in that can recorded, or verify who owns the loans. This is all going to unwind badly.

  14. Well that is an eye opener. So if title companies used MERS to do a title search, no thourough search was ever done because we know MERS contains big holes with regards to every title. Am I understanding this correctly? Good find tmt.

  15. iwantmynvp,

    Here is the website to prove that ALTA involved with the development of the system and they support their members to use the system… I will say this is crooked to support the banks not to file the proper papers at the local registrar’s or county’s office….

    http://www.alta.org/technology/mers.cfm

  16. iwantmynpv,

    what do u need in terms of files, wire instructions, etc to prove that the originator on the note did not fund the deal? Not asking how to get it just asking what files to get. Thanks C

  17. we need this in CA.

    I have gotten a writ of possession against me effective 2-1-12 by an illegal taking

  18. TMT , they are a part of the fraud, just on the other end of it.

  19. iwantmynyp… However, ALTA should be a part of the MERS issues. I would like to loudly emphasize the issues. Thanks, guys.

  20. Thanks for letting me know, iwantmynpy… I had a different case with the company for the claims… Existing lien that they did not detect from the county recording office.

  21. Katheryne. I understand your frustration regarding all the issues expressed everywhere. You are not alone.

    Some politicians, regulators and bureaucrats are bought out by Corporate CONtributors. The southern states court systems are not great either.

  22. TMT, the owner policy only protects you from claims made prior to the issuance of the policy. If an event occurs that originates after the policy was issued they would not defend or approve your claim. They would certainly not defend against a lender who gives them all their valuation, administrative, legal, escrow, and insurance business.

    Sorry, just don’t want to see you beat a dead tree, no relief in that direction.

  23. tmt

    i am expressing how the courts’ view it; not my view. instead of ruling by law they are, unfortunately ruling by bias. does that make sense to you? that is the point i am making. sorry you took it wrong. we are all in the same sinking boat.

  24. I am not here… Sorry Correction here.

  25. Kathyerine,

    I am sorry about your end of story. I am here to acquire free homes. Pardon me. However, I am here to declare my right to the house. I believe you have the same ideas as mine.

    Did you ask your title insurance company to protect you? Or did you file any claims that unknown pretender is taking your house away? I thought that the title insurance company is there to protect your interests. (sarcasm – because I filed a claim and they denied the claim due to their double whammy negligence and I have won some partial summary judgment suing the entity.) I am still in the mid of the fight against them.

  26. TMT – I live in Delaware. It hasn’t done diddly squat to stop or slow them down. It would appear that the Delaware judicial elites do not agree with their own AG. The Delaware courts motto: no free houses to deadbeats. That’s why after contacting every attorney in the state, not one is willing to go after the GSMs. It is truly disgusting. A total disgrace. The Delaware courts do not give free homes to people; they only give them to the GSMs. It’s gotta change.

  27. @ TMT, 4:06 pm said:

    this is true and great in theory but when the courts will not find for those bringing these cases; it means jack, natta, nothing. Until the courts start following the law and not that of the GSM (government sponsored mafia) they will continue to add inventory to their off-shore Fort Knox.

  28. @ all This is a civil case that should evolve into prosecutions. The Complaint misses the true intent behind the creation of MERS. Does not name Fannie and Freddie, although, the majority of loans that jumped on the “Chain Train” had that destination stamped before the homeowner set ink to the paper creating the debt and the monies to fund the mortgage debt.

    Today, I pledge to take a stand. I am looking for counsel around the Country that will take cases on a monthly retainer and I will personally show them how to sue, the fake bank who claimed to be the originator, the actual loan originator, the Title Company involved in the transaction, MERS, The pooling bank, the Seller / Depositor bank, the master servicer of any trust, the sub-servicer whom collects payments and the monoline insurer for allowing this to happen and finally the law firm and the mutt standing in Court attesting to the truth of the client allegations personally.

    Get me lawyers in your area and i will instruct them personally how to file dismissals.

  29. How about for the part for the borrowers and the homeowners. If someone is claiming from nowhere that your home belong to those pretender lenders that are not filed at the county or registrar’s offices? Don’t they have claims against those pretender lender trying to steal the house from you?

  30. I think that NY and DE state AGs lawsuits are pretty biggie as a securitization point of view…. This is very significant that NY AG sue MERS and the banks. I just wonder how they are going to deal with ALTA that is a supporter of creating MERS and still they use their system for checking the chain of title. They are a part of CONflicts with banks and MERS. They suppose to protect the chain of title, but rather they assist breaking the chain of title.

  31. @ TMT, the lender policy is written to the mortgagee / ISAOA. No case there.

  32. Let’s get together now – all of us to show support for this AG.

  33. When you are buying a house with loans, don’t you ask to provide the title insurance policy for the lender? If so, with the securitization and frequent buying and selling of the securities and pretender lenders, are they still covered by the title insurance policy? They are not the same. Borrower who insured is the only entity that is the same. Then, title insurance companies need to protect the home owners. Does it make any sense to you guys?

  34. Hope he doesn’t do a Koman.

  35. Would you tell me why title insurance companies are not protecting the borrowers of the house if all the frauds have been made by the unknown lenders and processing companies?

  36. Waiting now for ALL the other states to follow suit. May take a while… if they don’t sign that damn thing!

  37. Would someone please tell me how we can argue this in CA? Over and over again the trial court and the appellate court have decided MERS has full authority and can proceed, regardless how we show the weightlessness of that argument. CA courts have also ruled by interpreting CA Civil Code however they please regarding assignments, substitutions and when or if they are recorded. I’m astounded how the judges are twisting civil code. We seem to be fighting an uphill battle in CA that leaves us out in the cold and literally homeless. That applies to the Appellate Court as well. We need some sense knocked into our court system or maybe ….exposure of corruption..

  38. @ all This is a civil case that should evolve into prosecutions. The Complaint misses the true intent behind the creation of MERS. Does not name Fannie and Freddie, although, the majority of loans that jumped on the “Chain Train” had that destination stamped before the homeowner set ink to the paper creating the debt and the monies to fund the mortgage debt.

    Today, I pledge to take a stand. I am looking for counsel around the Country that will take cases on a monthly retainer and I will personally show them how to sue, the fake bank who claimed to be the originator, the actual loan originator, the Title Company involved in the transaction, MERS, The pooling bank, the Seller / Depositor bank, the master servicer of any trust, the sub-servicer whom collects payments and the monoline insurer for allowing this to happen and finally the law firm and the mutt standing in Court attesting to the truth of the client allegations personally.

    Please stand and take a pledge with me. The NY AG has entirely missed the scope of what MERS allows them to do, but by outing MERS they now have a chance to shed light on the true fraud MERS provides to its Members through its platform.

    This is our last chance and we must get behind this AG. Call the office direct and thank them so they know the people are taking Notice.

    The phone number direct is:212-416-8309. The more people who leave a message of thanks, the further the push will go.

  39. Question for Neil:

    A forum member on John Wright’s Piggybank Blog, has suggested that BOA “borrowers” all sue the bank in small claims court, forcing the bank to assign an attorney to thousands of cases at once. The filing fee for small claims averages about $65 per jurisdiction, so it would essentially cause many slashes at the bank for very little money. Would this work, and are any of the causes winnable?

  40. is this a civil case, or criminal charges included — shouldn’t falsification of documents be criminal?

  41. @ Abby

    I have been trying to catch up with you. I have a Federal Case in NC with New Century/Ocwen. Can you help?

    Note: We are prepared to try and get any judge who will not look at evidence provided to recuse him/herself. The judges do not have the right to circumvent the rule of law, to suit their personal preferences. This is BS.

    Personally, I do not want a free house. I want my 30 year mortgage back. The modified to 1/5 ARM they forced on me gone and my original terms/contract back, while wanting to know who I owe, what I owe and who I pay to get my title cleaned up.

  42. @ abby

    Great. I’m in the Delaware Courts. My case is assigned to Sontchi. Do you know anything about him. Been fighting them in court since June and he just ordered a hearing on my motion to compel. I guess I’ll find out. Couldn’t find much in my research on him. I know he had one pro se case a while ago; can’t remember the name but he ruled against the homeowner. I gotta keep fighting. I’ve made it very clear that I will appeal if I don’t get a fair shake.

  43. JUDGE DENIES EMER ORDER TO SHOW CAUSE–

    New Century Mortgage and Home123 Corporation have been in bankruptcy since 4-2-2007 in Delaware under Judge Kevin Carey. The appointed bankruptcy trustee, Alan Jacobs, has retained a NYC law firm Hahn & Hessen to represent him. Under testimony to a pro se Alan Jacobs admitted he pays Hahn & Hessen 100K-300K per month!

    The bankruptcy judge and the trustee are clearly prejudiced against the homeowners (now about 15 of us) who are fighting them up in that court. the judge recently announced at a hearing that he would not give anybody a free home.

    He also failed to do the right thing and order all the employee-notary journals brought to court for examination.

    This homeowner discovered pervasive assignment fraud by the notary-employees of these companies. They were all California notaries. Their fraudulent and invalid assignments are recorded across the USA.

    http://www.scribd.com/doc/80403480/NEW-CENTURY-MORTGAGE-BANKRUPTCY-JUDGE-DENIES-EMERGENCY-ORDER-TO-SHOW-CAUSE-REGARDNG-PERVASIVE-NOTARY-FRAUD-NOTARY-WAS-EMPLOYEE

  44. 🙂 🙂 🙂 🙂

  45. Obama will not be pleased.

  46. The Good news about this is that coming off his “appointment” by Obama in his State of the Union speech, Schneiderman is now More Visible to the American People. That coupled with this lawsuit may help Wake Up the sheeple a bit! Kudos to him! I say YAY and woo hoo! This is MAJOR – btw. isn’t it NY and DE where Most of the Trusts came through? yep, yesiree, howdy do! lol

  47. I just got off the phone with the AG’s office and will be preparing future litigation for them next week.

    “The end is upon us”, said the great James from his office overlooking the mere peasants rising up to meet him him at the gallows.

  48. I believe nothing until they prove otherwise. We will all hope! Actions speak louder than words.

  49. Right on!!!!!!!!!

  50. Fuck yeah! MERS is the soft underbelly–take ’em down Schneiderman!

  51. Finally!

  52. My hope is he doesn’t back down and take a settlement. We’ll see what he’s made of!

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