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EDITOR’S COMMENT: The probabilities of a settlement are rising. The $25 Billion settlement actually settles very little but it probably will suffice for the vast majority of homeowners who were displaced wrongfully by foreclosure. This is not because they are getting proper restitution. It is because these represent the people who have had the fight crushed out of them. They are absorbing the loss to the great advantage of the banks and servicers.

According to most published reports, this is not an obstacle for homeowners who wish to pursue individual claims for wrongful foreclosures and associated claims. On the other hand, it will invite argument as to whether the settlement does pre-empt certain types of claims, which will muddy the waters just as the banks and servicers want it to be.

All this in the context of hundreds of articles containing copies and proof of wrongdoing by the banks, failure to establish the basic elements of a claim against anyone, much less a homeowner with whom they have no contract, and actual criminal conduct to cover-up the wrong-doing. This has been chronicled by DCB who submitted the following list of articles as proof that we have known for years, but as a society, we are reluctant to restore to the victims the available restitution from the Banks and servicers.

MOTION TO SHIFT THE BURDEN OF NON-PERSUASION: One additional note: at the very end there is a decision that I had missed which could have some persuasive authority. The decision is a bit muddled but it addressed a strategy I have long championed — putting the burden of proof where it belongs.

It is axiomatic that a party wishing to have a claim enforced must make the claim, plead the elements of the cause of action and then prove it. The general rule is that the party who brings up the matter seeking affirmative relief (like collection on a debt or a foreclosure) has the burden of pleading and proving his case BEFORE anything is required of the opposing party.

In my opinion lawyers should file a motion to re-align the parties so that once in court, the party seeking to foreclose would be requried to plead and prove their case. In non-judicial states, this could serve to change things considerably. There a simple denial and motion to realign would convert the case to a judicial caase, which is the way it ought to be. If the pretender has the goods, they should have no objection. Instead non-judicial process is used as an end run around the usual requirement of pleading and proving their case.

The result, as we have seen repeatedly, is that a foreclosure that would not be granted in a judicial foreclosure is rubber stamped because of incorrect presumptions about the nature and constitutionality of non-judicial process. As practiced, it clearly violates the due process rights set forth clearly in our U.S. Constitution.

Following is submitted by DCB

List of Documents for JUDICIAL NOTICE
1. New York Sues Banks Over Mortgage Registry System, WSJ, MARKETS FEBRUARY 3, 2012, BY CHAD BRAY NEW YORK—New York Attorney General Eric T. Schneiderman sued three of the nation’s largest banks over a private national mortgage registry system, contending it has resulted in a wide range of deceptive and fraudulent foreclosure filings. The lawsuit, filed in New York State Supreme Court in Brooklyn, names units of Bank of America Corp., J.P. Morgan Chase & Co. and Wells Fargo & Co. as defendants, as well as MERSCorp., which owns and operates the Mortgage Electronic Registration Systems, known as MERS. In his complaint, Mr. Schneiderman alleges that MERS has effectively eliminated the public’s ability to track property transfers http://online.wsj.com/article/SB10001424052970203889904577201060859616158.html

2. “Fed’s Raskin: Mortgage Servicers Must Fix ‘Deceptive’ Practices,” WSJ, JANUARY 8, 2012, By ERIC MORATH; “ WASHINGTON—Federal Reserve Gov. Sarah Bloom Raskin called upon mortgage servicers to fix their “sloppy and deceptive practices” and said the Fed must impose fines on servicers as part of a push for more forceful government action to fix the broken housing market… It is important “that the severe misconduct that has been uncovered in the mortgage servicing sector be addressed through intensified public enforcement of the law… “The Federal Reserve and other federal regulators must impose penalties for deficiencies that resulted in unsafe and unsound practices,” Ms. Raskin said…. Regulators, including the Fed, must take action against mortgage servicers to correct bad practices, Ms. Raskin said. For example, the Fed and other federal regulators investigated 14 of the largest mortgage servicers and last April found each had “significant problems. The review process is one of several efforts to address revelations that surfaced a year ago over banks’ use of so-called robo-signers, bank employees who signed off on huge numbers of legal foreclosure filings daily and falsely claimed to have personally reviewed each case. Ms. Raskin and fellow Fed Governor Elizabeth Duke have led the central bank’s study of housing policy, an area normally outside the central bank’s purview ” [Emphasis Added.]
http://online.wsj.com/article/SB10001424052970203513604577146801346334564.html

3. “NEVADA ATTORNEY GENERAL SUES LENDER PROCESSING SERVICES; ALLEGES WIDESPREAD ABUSES.”
DECEMBER 16, 2011. “Nevada’s attorney general filed a lawsuit against Lender Processing Services Inc. (LPS) alleging widespread fraud and misleading of consumers, adding to legal woes at the mortgage-services company and sending its shares lower.

The company’s shares were down 8.7% at $15.83 in
http://online.wsj.com/article/BT-CO-20111216-710615.html
4. “BANKS IN PUSH FOR PACT,” WSJ, BUSINESS DECEMBER 13, 2011. BY RUTH SIMON, NICK TIMIRAOS AND DAN FITZPATRICK “Five large lenders could be forced to make concessions worth roughly $19 billion as bank representatives and government officials push to put the finishing touches on a settlement of most state and federal investigations of alleged foreclosure improprieties…” http://online.wsj.com/article/SB10001424052970204336104577094772749499652.html

5. “MASSACHUSETTS SUES BANKS OVER FORECLOSURES,” WSJ, DECEMBER 1, 2011, Associated Press, NEW YORK — “Massachusetts sued five major banks Thursday over deceptive foreclosure practices such as the “robo-signing” of documents, potentially undermining negotiations between lenders and state prosecutors across the nation over the same issue…” http://online.wsj.com/article/AP42fa25a884654772aaf9a9ec07459844.html

6. “NEVADA GRAND JURY INDICTS TWO IN ALLEGED ROBO-SIGNING SCHEME ,” WSJ, U.S. NEWS, NOVEMBER 16, 2011. BY RUTH SIMON, “A Nevada grand jury has handed up criminal indictments against two title officers employed by Lender Processing Services Inc. for allegedly directing and supervising a robo-signing scheme, in which documents filed in foreclosure cases were signed without proper legal review…” http://online.wsj.com/article/SB10001424052970203699404577042961074968218.html
7. “MORGAN STANLEY IN N.Y. PACT, Wall Street Firm Agrees to Foreclosure Standards and End to ‘Robo-Signing’.” WSJ LAW NOVEMBER 11, 2011, BY LIZ RAPPAPORT, “…Morgan Stanley on Thursday became the second Wall Street giant to agree to a set of standards that aim to halt foreclosure abuses. Under a pact with Benjamin M. Lawsky, superintendent of New York’s Department of Financial Services, the New York securities firm and three other companies pledged to adhere to business practices that aim to prevent mishandling of loans and end “robo-signing,” in which bank employees signed foreclosure documents without reviewing case files as required by law…” http://online.wsj.com/article/SB10001424052970204224604577030010982458588.html

8. “PRICE OF FORECLOSURE SETTLEMENT CLIMBS HIGHER”,. WSJ BUSINESS NOVEMBER 1, 2011 BY RUTH SIMON, NICK TIMIRAOS AND DAN FITZPATRICK “The price tag to settle the state and federal investigation of bank foreclosure practices has increased by at least $5 billion in recent weeks, people familiar with the negotiations say. The proposal on the table now puts a $25 billion value on a settlement by the nation’s five largest mortgage servicing companies—Ally Financial Inc., Bank of America Corp., Citigroup Inc., J.P. Morgan Chase & Co. and Wells Fargo & Co. In exchange for picking up a bigger tab, banks would be released from certain legal claims tied to mortgage originations. Representatives of the five banks declined to comment…” http://online.wsj.com/article/SB10001424052970203707504577010421094503502.html

9. “BANKS, STATE REACH A DEAL” WSJ MARKETS SEPTEMBER 1, 2011. BY LIZ RAPPAPORT “The mortgage industry will take a step toward cleaning up some of its most controversial practices under a deal between a New York regulator and three financial firms, including Goldman Sachs Group Inc. Under the agreement with the state’s financial-services superintendent, Benjamin M. Lawsky, the three firms—Goldman, its Litton Loan Servicing business and Ocwen Financial Corp.—promised to end so-called robo-signing, in which bank employees signed foreclosure documents without reviewing case files as required by law. They also agreed to comb through loan files for evidence they mishandled borrowers’ paperwork and to cut mortgage payments for some New York homeowners….” http://online.wsj.com/article/SB10001424053111904716604576543021468088268.html

10. “AMERICAN HOME MORTGAGE FILES ‘ROBO-SIGNING’ SUIT,” WSJ, MARKETS AUGUST 23, 2011, BY NICK TIMIRAOS; One of the nation’s largest mortgage servicers filed a lawsuit on Tuesday against Lender Processing Services Inc., a top mortgage industry technology and services vendor, alleging that the firm improperly signed mortgage documents on its behalf and triggered millions of dollars in legal expenses as a result. American Home Mortgage Servicing Inc. said in the lawsuit that it had incorrectly processed more than 30,000 mortgage assignments when seeking foreclosure on properties in all 50 states as a result of the work by an LPS subsidiary. http://online.wsj.com/article/SB10001424053111904279004576526500703056250.html

11. “BANKS HIT HURDLE TO FORECLOSURES,” WSJ BUSINESS JUNE 1, 2011. By NICK TIMIRAOS Banks trying to foreclose on homeowners are hitting another roadblock, as some delinquent borrowers are successfully arguing that their mortgage companies can’t prove they own the loans and therefore don’t have the right to foreclose. These “show me the paper” cases have been winding through the courts for several years. But in recent months, some judges have been siding with borrowers and stopping foreclosures after concluding that banks’ paperwork problems are more serious than previously thought and raise broader ethical questions. This year, cases in California, North Carolina, Alabama, Florida, Maine, New York, New Jersey, Texas, Massachusetts and others have raised questions about whether banks properly demonstrated ownership. http://online.wsj.com/article/SB10001424052702304563104576357462376821094.html

12. “MORTGAGE OWNERSHIP MISCUES THREATEN FORECLOSURES,” WSJ Real estate news and analysis, June 1, 2011, “…one reason why mortgage companies have struggled to get foreclosures back on track: Banks are running into more challenges questioning whether they have properly documented ownership of mortgages. The speed of bundling loans from nonbank lenders into mortgage securities sold by Wall Street has now spawned some confusion as banks’ lawyers have struggled to properly file foreclosures showing that mortgage trusts own their loans. Some lawyers say that confusion has prompted some attorneys and other mortgage firms to fabricate and backdate documents. In January, the U.S. Trustee Program, a division of the Justice Department that oversees bankruptcy cases, raised “concerns about the integrity” of documents filed on behalf of Deutsche Bank…lawyers for American Home submitted new paperwork showing that the loan had been transferred last June to a company called Sand Canyon Corp., the parent of Option One. But that raised eyebrows because Sand Canyon executives previously testified that the firm exited the mortgage business entirely in 2008, meaning it wouldn’t have been able to assign anything in 2010…. Mark Polen, a judge on the [Florida] appellate court, wrote… ‘Decision-making in our courts depends on genuine, reliable evidence,’ he wrote. ‘The system cannot tolerate even an attempted use of fraudulent documents.’” [Emphasis added.] http://blogs.wsj.com/developments/2011/06/01/mortgage-ownership-miscues-threaten-foreclosures/
13. “JUDGES SEE LITTLE IMPROVEMENT IN FORECLOSURE PROCEDURES,” WSJ, HOMES APRIL 29, 2011. By RUTH SIMON, “Some judges are skeptical of claims by lenders that they have substantially improved their foreclosure procedures since controversy over the practices exploded last fall F. Dana Winslow, a N.Y. State Supreme Court Justice in Long Island’s Nassau County, said there has been only “a marginal improvement in what is being submitted to the court.…For example, financial institutions are ‘showing a better chain of title’ about who owns the debt, he said. “But I’m not seeing any additional clarity on who has control over the actual mortgage note signed by the borrower and lender and where the note is….’ In New York, foreclosure filings have declined sharply since New York State Chief Judge Jonathan Lippman issued an order in October requiring lawyers to sign an affidavit affirming that foreclosure paperwork was properly reviewed and to their knowledge is accurate. ‘There’s almost a presumption that there may be something wrong with the documentation,’ said O. Max Gardner III, a lawyer in Shelby, N.C., who represents borrowers in bankruptcy cases. U.S. regulators have ordered banks to take steps to “ensure the accuracy of all documents” used in the foreclosure process….” [Emphasis added.] Write to Ruth Simon at ruth.simon@wsj.com http://online.wsj.com/article/SB10001424052748703367004576289241312106726.html

14. “FANNIE REPORT WARNED OF FORECLOSURE PROBLEMS IN 2006,” WSJ MARKETS MARCH 25, 2011, By CARRICK MOLLENKAMP And NICK TIMIRAOS, “Fannie Mae was warned in a 2006 internal report of abuses in the way lenders and their law firms handled foreclosures, long before regulators launched investigations into the mortgage industry’s practices. The report said foreclosure attorneys in Florida had “routinely made” false statements in court in an effort to more quickly process foreclosures and raised questions about whether some mortgage servicers or another entity had the legal standing to foreclose… In recent months, federal and state officials have initiated probes into whether banks and foreclosure law firms improperly seized homes by using fraudulent or incomplete paperwork. Some U.S. banks temporarily froze foreclosures to review their processes and now face the prospect of a multibillion-dollar settlement with federal and state officials. Elizabeth Warren, the White House adviser in charge of establishing the new Bureau of Consumer Financial Protection, said in congressional testimony last week that with proper oversight, “the problems in mortgage servicing would have been exposed early and fixed while they were still small.” Ms. Warren didn’t name Fannie Mae and referred to the industry in general….” http://online.wsj.com/article/SB10001424052748703784004576220582457540372.html
15. “FORECLOSURE TALKS SNAG ON BANK LIABILITY”, WSJ, LAW AUGUST 22, 2011. BY RUTH SIMON, VANESSA O’CONNELL AND NICK TIMIRAOS: “Efforts to reach a settlement that would end the long-running probe of foreclosure practices are snagged over whether banks will get broad legal immunity from state officials for mortgage-related claims. Federal and state officials are seeking penalties of $20 billion to $25 billion from Bank of America Corp., J.P. Morgan Chase & Co. and other financial firms under investigation since last fall. The banks are pushing hard for a deal, but they have insisted on a wide-ranging legal release from state attorneys general. ‘They wanted to be released from everything, including original sin,” said a U.S. official involved in the …’” http://online.wsj.com/article/SB10001424053111904070604576521282894534152.html

16. “BANKS IN PUSH FOR PACT” WSJ: BUSINESS, DECEMBER 13, 2011.. BY RUTH SIMON, NICK TIMIRAOS AND DAN FITZPATRICK, ”Five large lenders could be forced to make concessions worth roughly $19 billion as bank representatives and government officials push to put the finishing touches on a settlement of most state and federal investigations of alleged foreclosure improprieties…” http://online.wsj.com/article/SB10001424052970204336104577094772749499652.html

17. “U.S. PROBES FORECLOSURE-DATA PROVIDER-LENDER PROCESSING SERVICES UNIT DRAWS INQUIRY OVER THE STEPS THAT LED TO FAULTY BANK PAPERWORK.” WSJ LAW APRIL 3, By AMIR EFRATI and CARRICK MOLLENKAMP “A subsidiary of a company that is a top provider of the documentation used by banks in the foreclosure process is under investigation by federal prosecutors. The prosecutors are “reviewing the business processes” of the subsidiary of Lender Processing Services Inc., based in Jacksonville, Fla., according to the company’s annual securities filing released in February. People familiar with the matter say the probe is criminal in nature. Michelle Kersch, an LPS spokeswoman, said the subsidiary being investigated is Docx LLC. Docx processes and sometimes produces documents needed by banks to prove they own the mortgages. LPS’s annual report said that the processes under review have been “terminated,” and that the company has expressed its willingness to cooperate. Ms. Kersch declined to comment further on the probe. A spokesman for the U.S. attorney’s office for the middle district of Florida, which the annual report says is handling the matter, declined to comment. The case follows on the dismissal of numerous foreclosure cases in which judges across the U.S. have found that the materials banks had submitted to support their claims were wrong. Faulty bank paperwork has been an issue in foreclosure proceedings since the housing crisis took hold a few years ago. It is often difficult to pin down who the real owner of a mortgage is, thanks to the complexity of the mortgage market.” http://online.wsj.com/article/SB10001424052702303450704575160242758576742.html

18. “UNDER PILES OF PAPERWORK, A FORECLOSURE SYSTEM IN CHAOS” (pgs A1, A24) THE WASHINGTON POST, September 23, 2010), By Ariana Eunjung Cha and Brady Dennis Washington Post Staff Writers; “The nation’s overburdened foreclosure system is riddled with faked documents, forged signatures and lenders who take shortcuts reviewing borrower’s files, according to court documents and interviews with attorneys, housing advocates and company officials.” [See also Department of Homeland Security: http://www.fbiic.gov/public/2010/oct/Financial_Services_SOSD_September2010.pdf
http://www.washingtonpost.com/wp-dyn/content/article/2010/09/22/AR2010092206146.html
19. “ERRORS LEAVE FORECLOSURES IN QUESTION” (pgs B1, B7), THE NEW YORK TIMES, September 25, 2010: “The recent admission by a major mortgage lender that it had filed dubious foreclosure documents is likely to fuel a furor against hasty foreclosures, which have prompted complaints nationwide since housing prices collapsed…While GMAC is the first big lender to publicly acknowledge that its practices might have been improper, defense lawyers and consumer advocates have long argued that numerous lenders have used inaccurate or incomplete documents to remove delinquent owners from their houses….J. Thomas McGrady, chief judge in the foreclosure hotbed of St. Petersburg, said the problems went far beyond GMAC. Four major law firms doing foreclosures for lenders are under investigation by the Florida attorney general… ‘Some of what the lenders are submitting in court is incompetent, some is just sloppy,’ said Judge McGrady of the Sixth Judicial Circuit in Clearwater, Fla. ‘And somewhere in there could be a fraudulent element.’” [Emphasis added.] http://www.nytimes.com/2010/09/25/business/25mortgage.html

Approval and Order of Judicial Notice: E.R. 21; Wall Street Journal
The Court hereby approves the list of Wall Street Journal Articles attached as evidence of the facts set out therein as evidence of an industry practice of filing defective documents to obtain possession of homes, and other similar described failures, and such other information as is set out therein; and ORDERS that the plaintiff shall have the to use the articles in part or in full for purposes of pleadings, motions, and as admissible evidence at trials in this case.
So-Approved and ORDERED:
____________________________________________
Judge ______________
MOTION TO TRANSFER THE RISK OF NON PERSUASION
Plaintiff herein respectfully moves this court order the burden of proof to shift in respect of industry practices described in the WALL STREET JOURNAL. The issues presented there included but were not limited to defective documents filed with the court to obtain possession or title to the subject homeowner real estate. Movant requests that the court ORDER that the burden to shall and has shifted to defendant debt collector to shall show cause why his activities were held to a higher standard of care than the “industry practice, or the evidence of industry practices stated in the Wall Street Journal Articles admitted as evince into this record by Judicial Notice of Adjudicative facts” filed herewith as conclusive evidence of such industry practices ALSO FOLLOWED BY DEFENDANT DEBT COLLECTOR, and if he shall not make a persuasive demonstration as he may show cause, then he shall be conclusively presumed to have followed those practices.
ORDER THAT THE BURDEN TO SHALL AND HAS SHIFTED TO DEFENDANT DEBT COLLECTOR TO SHOW CAUSE OR FORFEIT THE QUESTION
This Court hereby issues this ORDER that the burden to shall and has shifted to defendant debt collector and he shall show cause within 30 days why his activities were held to a higher standard of care than the “industry practice, or the evidence of industry practices stated in the Wall Street Journal Articles admitted as evince into this record by Judicial Notice of Adjudicative facts” filed herewith as conclusive evidence of such industry practices ALSO FOLLOWED BY DEFENDANT DEBT COLLECTOR, and if he shall not make a persuasive demonstration as he may show cause, then he shall be conclusively presumed to have followed those practices.
_________________________________________________
Judge___________________________

 

39 Responses

  1. In CA, a non-judicial state, how can a simple denial and a motion to re-align convert a non judicial foreclosure into a judicial case? Maybe I am not understanding. A denial of default? Or are you stating that first you have to file a case?

  2. Re: “deadline” to sign on to fraudclosure settlement. Am I the only one questioning a “deadline” to sign on? Usually, a “deadline” is followed by “or else”. Iowa AG Tom ” moron” Miller doesn’t have any leverage with which to force an “or else” deadline. What a lousy state of affairs. On the bright side, hard as it seems to believe, a crime of this magnitude cannot be negotiated away, no matter who says what, and how many AGs sign anything, no matter what it is. Everyone keep pushing, a concerted movement would be great, but doesn’t seem as though we can come up with one, at least not yet.

  3. to jim
    Nora is correct we can’t allow this biggest land grab in history to continue and not do anything about it. I am going to continue to write and share our experience and maybe it can help someone going through this. If we all just walk away and allow this to continue what then? A house flipper bought our home at 5850 malton ave simi valley ca. We tried to stop the sale and tried to get a “Lis Pendens” on the property. We are strong and not going nuts because they took our home they didn’t take our spirit. We feel to share and help expose all who are part of the problem. They need to be held accountable. You are right in that this won’t be “cured” but maybe it can get better. We are hopeful that it will and people will stop being thrown out of their houses which must be stopped.

  4. @Abby at 10:10 re community based action plan

    I wish that plan would go somewhere, but it won’t. I wrote a letter to my county recorder Jay C. Stephenson, imploring him to investigate the fraudulent assignment documents he was filing, and his response was;

    “I do not believe Georgia’s laws permit a Clerk of Superior Court to place additional filing requirements other than those currently in our laws to the successful recordation of real estate documents. In other words, Georgia clerks can’t make up their own rules-whether based on well founded suspicion of wrongdoing or not.”

    As long as no one cares how wrong it is to do what they are paid to do, we will continue to have the legal chaos we currently have.

    There are inherent problems in the facts; the laws differ from state to state, public servants don’t care to do anymore than they are paid to do, and come election time their constituents don’t bother to go and vote them out, because many of them are still employed, still paying their bills and watching football rather than giving a crap about anyone else.
    (They fall into the second category of people: The first lot doesn’t care if you have a problem, and the second lot are glad it’s you that has a problem and not them.) It’s a nice pipedream, though.

    I think individual homeowners are all going to have to fight the banks head on with law suits to effect any real change. If you could organize them without degrading it to class action, which I don’t see happening any time soon, you might get some political movement, but the problem is the banks have designed our debt ridden lives to be a constant scramble to earn enough money to live and eat. There is no time to do any of this “action stuff” unless you do it after you’ve spent ten hours pursuing the main agenda of keeping a roof over your head and food in your child’s belly. We’re exhausted, drained, lifeless–just as they designed it–and we don’t want our financial ruin put out there for public scrutiny, either. Thank the bank for your debt-based life of frustration, shame and fear.

  5. Jim,
    I am in a non-judicial state, and I stopped my foreclosure without an attorney. The facts of my case struck a chord with the judge who granted me a TRO. The sale of the property was stopped, right on the court house steps. It takes a lot of investigation and dedication to fight the banks, an understanding of the legal process and quite a bit of time, but even in a non-judicial state you can illuminate enough issues of material fact to get the thing halted. The banks seldom take these cases to trial when a homeowner fights back effectively. Maybe because they know they are guilty of fraud, and a whole lot more. You have to read, research and write–very time consuming–but doing your duty to defend keeps the banks from stealing one more without a fight.

  6. Question: the IRS is not taxing income from what were supposed to be Remic’s that I know of. Last I heard, they were still on the fence (but I guess not taxing isn’t really on the fence, is it). Obama renigged on his Main Street promises and to date has given the criminals a blanket pass, finding in favor of “immorality” or some such. Does anyone think the judiciary is influenced by these factors?
    Does the judiciary or even AG’s have reason to want to follow the president’s lead? I wonder if this has been influential in decisions. Anyone?

  7. bravo, nabdullah. that’s a good question and my impression of the man after reading his almost-on-target complaint was annihilated by the post title (with no nuthin’ then) that he might join in settlement.

    A couple days ago I noted that for the first year of MERS wonderful existence, the orig ben was named in the dot and an assgt was recorded to MERS. I see that MERS 86’d that deal and started calling itself the ben in the original dot to get rid of the ‘nuisance’ and $$ of the assgt to MERS. That’s what started (but certainly did not finish) all this madness with MERS: a nuisance. How brazen -also crazy, really, truly crazy – can you get? MERS isn’t the ben, but if it is, that damn note and dot are bifurcated. If MERS is the original beneficiary, there really is no argument, regardless of what that MDL judge ruled. If on the other hand, the dot followed the law (doesn’t but arguendo say it does) and in so doing appointed MERS as the original beneficiary’s nominee or agent, (but not the beneficiary itself), the document would have needed to name the original beneficiary for whom MERS was to act as nominee or agent. As it stands, neither the dot nor public records does: No (original) beneficiary.
    Put another way:
    Behind door No. 1: MERS as original beneficiary = Note and dot bifurcated
    Behind door No. 2: NO original beneficiary in dot or public record. There just aren’t any other choices.

  8. NEW-ACTION PLAN TO STOP FORECLOSURES-COMMUNITY BASED

    http://www.scribd.com/doc/80735841/Action-Plan-to-Stop-Foreclosures

  9. @ papergate

    banks and corporations don’t have a hand in putting you into office – but we do – remember that

    What planet you come from Dude?? Keep it up and Enraged is going to attack you. Trust me on that.

  10. @ papergate

    All we have to say is – go ahead – sign the agreement – then kiss your re-election goodbye.

    SO WHAT!!!!

    The bankster will hire me and pay me 4-10 times MORE than I “earn” as a “public servant” plus bonuses for less work.

  11. @ ALL

    Will someone PLEASE direct me to the source of this “rumor” that our AG (NY) is even considering to sign on to this so-called “bank settlement. That would make him a party and partner to the fraud. I, for one, have more faith and trust in him NOT to do that.

  12. Papergate,

    By the time we have elections, the settlement will long have been signed. Although I hear all kinds of noises about that settlement ending up in supreme courts all over the country, rather than react, let’s pro-act by telling AGs “NO” before it is a done deal.

    Makes sense?

  13. All we have to say is – go ahead – sign the agreement – then kiss your re-election goodbye.

    If the AG’s can’t hang in there to protect the citizens they were elected to protect – then it is an obvious choice they are not re-elected for AG or any other positions involving governing and protecting the people of a state or anywhere else – if there were elections right now and AGs Biden or Schneiderman were running we’d vote for them in a heart beat – they could run for anything and we’d vote for them because they stuck their necks out to do the right thing. We don’t easily forget.

    Think before you sign AGs – especially if you plan to be in politics down the road – only people can vote – banks and corporations don’t have a hand in putting you into office – but we do – remember that.

    PS – while you state AGs are counting up the coins you amassed from the sell out – remember to “tip” or compensate websites like this one and foreclosurehamlet, foreclosurefraud. etc. – they are the people behind these blogs that have educated all of us and kept us up to the minute and informed at all times what was going on – and because of these guys’ websites – you AGs and others basking in the light of celebrity right now were given opportunities to know where the strengths and weaknesses in these matters were – based on citizens’ comments and considerations – so when you divvy up those billions of dollars don’t forget to reimburse these website folks – I think no less than $10,000-25,000 or .01% is fair considering these website hosts made it possible for these negotiations to even be in existence and in our faces in the first place – otherwise no one would be this far with these issues and the AGs enjoying the limelight right now would be in the shadows unknown – 1% or at least a healthy tip – you all owe them – as we in the trenches do.

  14. “I am a member of the polity for whose benefit laws are enacted. Those laws and the grave duty and responsibilities of the attorney general do not permit fines or financial settlement in place of prescribed consequences for criminal activity. The proposed settlement is an attempt to circumvent both the sanctity of the office and the law. The settlement seeks to avoid the mandate to fully prosecute the offenses and is an act which does not serve the citizens. The oath of the office demands the attorney general not dishonor the laws of this state nor dishonor the office. As a citizen, I ask and demand that the attorney general abstain from financial settlement which is contrary to the lawful consequences of the acts at issue and the duty of the office. Please convey my message to the attorney general.”

    email, fax, call in something like this?

  15. Arizona Attorney General Tom Horne

    Phoenix Office
    1275 West Washington Street
    Phoenix, AZ 85007-2926

    602.542.5025

    Fax 602.542.4085

  16. Please don’t go on to the next tidbit (no dispersion intended of course – greatful for posts at LL and the site itself) posted here without writing down the phone numbers for the ags you are willing to call. WE have got to ACT to stop this and apparently we are seriously running out of time.

  17. AZ Attorney General

    602.542.5763 (Phoenix) / Fax 602.542.4579
    520.628.6504 (Tucson) / **800.352.8431

    Tell these attorneys general that you consider it a breach of their
    duties if not fiduciary to the citizens of their states to allow payment for crimes and the settlement is not in accord with the action sought by we the people whom they represent.

    Please copy and paste these phone nos. for all states listed here – someone else listed CA – to everyone you think may act.

  18. NEVADA:
    Carson City Office:
    Office of the Attorney General
    100 North Carson Street
    Carson City, Nevada 89701-4717
    (775) 684-1100
    Fax – (775) 684-1108

    Reno Office:
    Office of the Attorney General
    5420 Kietzke Lane Suite 202
    Reno, Nevada 89511
    (775) 688-1818
    Fax – (775) 688-1822

    Las Vegas Office:
    Office of the Attorney General
    Grant Sawyer Bldg.
    555 E. Washington Ave Suite 3900
    Las Vegas, Nevada 89101
    (702) 486-3420
    Fax – (702) 486-3768

  19. from NY AG:
    The Attorney General’s Office includes 13 Regional Offices located throughout the state. The attorneys and professional staff in the Regional Offices serve their respective communities and the general public. The Regional Offices are full-service locations that handle Affirmative Justice matters such as: consumer fraud complaints (including the mediation of consumer disputes); the investigation and prosecution of consumer frauds and related criminal prosecutions; civil rights and labor law prosecutions; and the investigation and prosecution of environmental law violations.

    ALBANY – try 212- 224 – 0331
    518-474-5481 – try this one first

    Attorney General Schneiderman wants you to know that the Regional Offices are here to serve you.

    Regional Office Listing
    Buffalo

    Address
    Main Place Tower, Suite 300A
    350 Main Street
    Buffalo, New York 14202

    Phone Number
    (716)853-8400

    Consumer Frauds Number:
    (716)853-8404

    Fax Number
    (716)853-8571

    Office hours:
    8:30 a.m. to 6:00 p.m, Monday thru Friday

    Rochester

    Address
    144 Exchange Boulevard
    Rochester, NY 14614-2176

    Phone Number
    585-546-7430

    Consumer Frauds Phone Number
    585-327-3240

    Fax Number
    585-546-7514

    Office hours
    8:30 a.m. to 6:00 p.m., Monday thru Friday

    Syracuse

    Address:
    615 Erie Boulevard West, Suite 102
    Syracuse, NY 13204

    Phone Number:
    (315)448-4800

    Consumer Frauds Number:
    (315)448-4848

    Fax Numbers:
    (315)448-4853 (Main Number)
    (315)448-4851 (Consumer Frauds Bureau)

    Office Hours:
    8:30 a.m. to 6:00 p.m., Monday thru Friday

    Binghamton

    Address
    State Office Building, 17th Floor
    44 Hawley Street
    Binghamton, NY 13901

    Phone Number
    607-721-8771

    Fax Number
    607-721-8789

    Office hours:
    8:30 a.m. to 6:00 p.m., Monday through Friday

    Utica

    Address:
    207 Genesee Street
    Room 508
    Utica, NY 13501

    Phone Number:
    (315) 793-2225

    Fax Number:
    (315) 793-2228

    Office Hours:
    8:30 a.m. to 6:00 p.m, Monday thru Friday

    Watertown

    Address:
    Dulles State Office Building
    317 Washington Street
    Watertown, NY 13601

    Phone Number:
    (315) 785-2444

    Fax Number:
    (315) 785-2294

    Office hours:
    8:30 a.m. to 6:00 p.m, Monday through Friday

    Plattsburgh Office

    Address
    43 Durkee Street, Suite 700
    Plattsburgh, NY 12901

    Phone Number
    (518) 562-3288

    Consumer Fraud Phone Number
    (518) 562-3282

    Fax Numbers
    (518) 562-3293
    (518) 562-3294

    Office Hours
    8:30 a.m. to 6:00 p.m., Monday thru Friday

    Poughkeepsie

    Address
    New York State Attorney General
    One Civic Center Plaza – Suite 401
    Poughkeepsie, NY 12601-3157

    Phone Number:
    (845) 485-3900 (office)

    Fax Numbers:
    (845) 452-3303
    (845) 485-3927

    Westchester

    Address:
    Westchester Regional Office
    101 East Post Road
    White Plains, New York 10601-5008

    Phone Number:
    (914) 422-8755

    Consumer Phone Number:
    (914) 422-8755

    Fax Number:
    (914) 422-8706
    Office hours:
    8:30 a.m. to 6:00 p.m., Monday through Friday

    Harlem

    Address
    163 West 125th Street
    Suite 1324
    New York, N.Y. 10027

    Phone Number
    (212) 961-4475

    Fax Number
    (212) 961-4003
    Office Hours
    8:30 a.m. to 6:00 p.m, Monday thru Friday
    Brooklyn

    Address
    55 Hanson Place
    Suite 1080
    Brooklyn, NY 11217

    Phone Number
    (718) 722-3949

    Fax Number
    (718) 722-3951

    Office hours:
    8:30 a.m. to 6:00 p.m, Monday through Friday

    Nassau

    Address
    200 Old Country Road,
    Suite 240,
    Mineola, NY 11501

    Phone Number
    516-248-3302, 516-248-3300

    Consumer Frauds Number:
    516-248-3301

    Fax Number
    516-747-6432

    Office hours:
    8:30 a.m. to 6:00 p.m, Monday thru Friday

    Suffolk

    Address:
    300 Motor Parkway
    Suite 205
    Hauppauge, NY 11788

    Phone Number
    631-231-2424

    Consumer Frauds Number
    631-231-2401

    Fax Number:
    631-435-4757

    Hours
    8:30am to 6:00pm, Monday thru Friday

    LIGHT UP THE SWITCHBOARDS. TELL THEM NO NO NO ON SETTLEMENT. Tell them settlement does not represent the interests of the American polity of which you are a member. Tell them fines are not the remedy for or lawful consequence of criminal activity. THE COMPLAINT AS WRITTEN MISSES THE MARK – THE BEHAVIOR IS A RACKET AS DEFINED IN NY AND OTHER LAW.

  20. Will AGs demand that fraudulent records be corrected as part of the settlement? Or, will fraudulent records remain???

  21. How do you continue on your own and fight your case when you can’t even get a lawyer to listen to you? I have told my story to several. Stated what was in my title and securitization audit and got not one peep of a response…just dead silence and no offer of help and looked at like I’m crazy or that I just want a free house…..

  22. Maybe as part of the AG settlement for Florida, my Pam Bondi can atleast ask Marquisha from Bank of America to stop calling me every day!!!!

  23. DCB

    I appreciate all the work you put in. I had read a case last nite where the judge did not take notice though. Can’t find my link. I like the idea of what you are doing. The AG settlement is of interest in a political sense I think but I don’t think we can expect anything of it.

    C

  24. Abby, thank you. I just sent a voice mail to the AG and marked it “urgent.”

    I also mentioned that I thought a weak settlement would likely take the teeth out of any OCC review process. We need to take a stand against the banks because, IMO, I think they are only going to get stronger. As a victim of the World/Wachovia/Wells scandal, I got only $178. from the AG settlement in California. It’s pathetic.
    We were not even offered cash for keys before they kicked us out.

    Chas404, you are right.

    All of you guys are right on the money. (no pun)

  25. “The settlement, meanwhile, would also require Massachusetts, Nevada and Arizona, which have sued banks involved in the talks, to settle those cases, one of the people said. Nevada and Arizona each sued Charlotte, North Carolina-based Bank of America over mortgage-servicing practices, accusing it of misleading consumers, while Massachusetts sued all five banks that are part of the proposed deal.”

    http://www.businessweek.com/news/2012-02-06/foreclosure-deal-deadline-arrives-as-states-consider-releases.html

  26. Ps John fault makes a very good point. I filed something and it stopped one sale that I’m aware of

    After horvath tho I gave up

  27. Exposetherotten

    Thanks. You make my case. Don’t drive yourself nuts on something that can’t be cured

  28. I appreciate dcb’s work, all of it, but am wondering why it has nothing to do with the title of this post. I was stunned to see the headline announcing NY may sign on to the settlement and then, nothing.
    ?????????????????

  29. imo exposetherotteneggs exemplifies the value of recording some kind of Notice regarding your claims relevant to actions being taken on your home at the recorder’s office, and the ramifications of not doing so. We can at least eliminate the bonafide purchaser without notice problem. Yet, few people do, which baffles the heck out of me, that’s for sure. If exposetherotteneggs had recorded notice of his claims, that doesn’t get his home back, put it does put everyone in the world on notice of his claims which may be litigated at a later date.

  30. CALL CALIFORNIA AG KAMALA HARRIS RIGHT NOW. YOU CAN LEAVE HER AN URGENT MESSAGE TO NOT SETTLE WITH BANKS.

    CALL 916-322-3360
    PRESS 1 FOR english
    PRESS 7 FOR where you can record your message–it will ring a couple times then voice prompt to leave message.
    when done PRESS 2 to mark the message URGENT

    FAX her at 916-323-5341

  31. Here’s how the govt game works. AG says “we are fighting for the common man” they ask for $50 billion in fines and ‘investigate’. Then the banks say OK we give you $5 billion. AG/govt then says lookee here on our website we investigated and got $5 billion. AG never follows through on suit. Never.

    The SAME whether it is an environmental govt review agency, the SEC or Obama with his new HAMP 5.0. We “we fight for you” means “we do the absolute minimum to justify our jobs”.

    It is govt. They will solve nothing.

  32. Bottom line:

    THE ORIGINAL PROMISSORY NOTES WERE DESTROYED.

    “LOANS” NEVER WENT INTO ANY MBS TRUSTS.

    ONLY COLLECTION RIGHTS TRANSFERRED AT CLOSING.

    NEVER GIVE UP…NEVER SURRENDER.

  33. EMERGENCY- FLORIDA (un)Fair Foreclosue Act On The Move!
    February 6th, 2012 | Author: Matthew D. Weidner, Esq.
    It looks like the Florida House of Representatives will move on Wednesday, February 8 to hear the Florida (un)Fair Foreclosure Act.

    The bill number currently under consideration is Committee Substitute for House Bill 213. Please take the time to read the bill in full here.
    http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h0213c1.docx&DocumentType=Bill&BillNumber=0213&Session=2012

    PLEASE, PLEASE, PLEASE CLICK HERE AND CALL THESE LEGISLATORS
    http://www.myfloridahouse.gov/sections/committees/committeesdetail.aspx?SessionId=66&CommitteeId=2590

    It is especially important to call the chairperson Dorothy Hukill and make sure she knows this is a bad, bad bill:

    Capitol Office
    204 House Office Building
    402 South Monroe Street
    Tallahassee, FL 32399-1300
    Phone: (850) 488-6653

    But make sure you hit all the legislators on the committee. They need to know that this bill it toxic and will be very, very controversial. It is still being amended and more bad news is being thrown into this every day. The bottom line is it is a reward to the banksters that caused all this mess, paid for by the little guy.

    Among the most disturbing aspects is that it would turn some foreclosures into “show cause” proceedings that could deprive a homeowner of the right to raise defenses and could result in a sale in as little as 90 days!

    The bill would require some Defendants to make payments to the pretender lender as a condition of having their voice heard in court.

    The bill would apply to all foreclosures currently pending

    DO IT CALL THE MEMBERS OF THE COMMITTEE BEFORE WEDNESDAY

  34. […] Continue reading here: Bank Settlement Close with New York and California Signing On […]

  35. Chain of title should mirror chain of financial transaction. Reason for clouded title is clouded funding. 1+1 does not equal 3.

    Time for Ag’s, regulators, task forces, congress and the courts to compel verification of this from origination including the refinanced mortgages that show no trust in the reconveyance even though there has been a substitution of trustee simultaneously with the “funding”.

    Time to compel the accounting chain for every institution inscribed on homeowners recorded documents and for those claiming ownership or payment who are not disclosed in any writing to the homeowner or the public. Intent to defraud must ruled out before any more foreclosures are allowed. Filing of false documents (and higher ups who instigated and allowed the false filings) with intent to defraud must be prosecuted to the full extent of the law. It has enabled the fraudulent seizure of illegal payment by many parties and the fraudulent seizure of real property.

    There can be no legal modification, principal write down, refinance, sale or satisfaction of a lien until this is done. There can be no settlement and waiver of liability until this is done.

    All branches of government – Executive, Legislative and Judicial will be shown by history to have been complicit in a fraud if this is not done at this critical time in history. The perpetrators of this global collaspe must be exposed or the collaspe will continue. Financial engineers held real property law to be irrelevant for unjust and fraudulent gain at the expense of 99% of the citizens of this globe.

  36. To Jim, We are also in a nonjudicial state, California. We were evicted while we were in a Bk13 and Joseph Kiaune escalations expert from IndyMac/One West Bank told us after the sale of our home of 17 years the bank errored and committed wrongdoing on our part and shared this with our lawyer as well and would not tell us or our lawyer what “errors” or “wrongdoing” he found after doing a “diligent search” into our case. After a month of stonewalling us and our lawyer the house flipper filed an Unlawful detainer action against us and in the Simi Valley court evicted us due to the house flipper being an ‘innocent party” a Bonafied Purchaser (“BFP”). We also tried to send in mortgage payments which were sent back or ignored. NO WE ARE NOT GOING AWAY!

  37. OK. So if we don’t cash the check we can still sue regarding Robo-signed documents? In our case we had to discontinue our lawsuit due to a new precedent which hasn’t been published yet stating a Loan Modification is invalid unless signed by the lender despite the lender accepting 2 payments. Here in California the statute of limitations is 2 years from the date of sale which gives us over a year to refile our lawsuit if laws change. We are starting a blog to share our experience from point A to the present with all our documents and forms and court documents as well so as to inform others of what the banks have been allowed to continue to do to homeowers. Who is helping in this and who is not. This weblog livinglies has been the most informative and educational of any website or blog I have seen. Appreciate your work here, Thank you

  38. FACE IT. There is no hope in nonjudicial states. My property was “sold” before I even got notice….

    This blog like every other cherry picks the issues to expound about. Describes endlessly scenarios involving judicial foreclosure where your day in court is protected. VTalk about the real world where houses are stolen and justice is totally denied: it’s called nonjudicial foreclosure
    You are right about one thing. The settlement will nullify pretty much suing on forgery/fraud. The courts will be mighty irritated that you deadbeats didn’t take your deadbeat’s mite and go away

  39. “Barry Fagan v Wells Fargo Bank

    Reply Brief with Expert Opinion of CPA Shawn P Adamo and Forensic document examiner Dr. Laurie Hoeltzel concerning Wells Fargo’s bank and document fraud.

    http://www­.scribd.co­m/doc/7935­1619/Barry­-Fagan-v-W­ells-Fargo­-Bank-Re-R­eply-to-We­lls-Fargo-­s-Oppositi­on-to-Plai­ntiff-s-Mo­tion-to-Co­mpel”

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