Multi-State Settlement Does NOT Bar Your Individual Claims or Defenses

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by “George”

This Obama agreement will not stop you from filing your individual lawsuit in reference to any of the fraud involved in your particular case. Scroll down to the 16th paragraph, the last 2 sentences about filing individual lawsuits and MERS.
As Neil stated, this agreement between Obama and the banks only makes the banks admit to the fraud and could hurt them and not help them. It will help the banks if you the homeowner accept the agreement. According to my PA Attorneys General office, over the next several months homeowners in trouble will receive letter or notification of this agreement deal. I highly recommend NOT to sign it or accept it, if you plan to file lawsuit against your mortgage servicer. And with all the fraud, you can win. Robo-signing perjury, missing assignments, no ownership of note, quiet title action, etc. You can still file lawsuit for this fraud even with Obama agreement in place as long as you do not accept the agreement plan.
Please review below, letter from the United States Department of Justice:

Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE Thursday, February 9, 2012
Federal Government and State Attorneys General Reach $25 Billion Agreement with Five Largest Mortgage Servicers to Address Mortgage Loan Servicing and Foreclosure Abuses
$25 Billion Agreement Provides Homeowner Relief & New Protections, Stops Abuses
WASHINGTON – U.S. Attorney General Eric Holder, Department of Housing and Urban Development (HUD) Secretary Shaun Donovan, Iowa Attorney General Tom Miller and Colorado Attorney General John W. Suthers announced today that the federal government and 49 state attorneys general have reached a landmark $25 billion agreement with the nation’s five largest mortgage servicers to address mortgage loan servicing and foreclosure abuses. The agreement provides substantial financial relief to homeowners and establishes significant new homeowner protections for the future.

The unprecedented joint agreement is the largest federal-state civil settlement ever obtained and is the result of extensive investigations by federal agencies, including the Department of Justice, HUD and the HUD Office of the Inspector General (HUD-OIG), and state attorneys general and state banking regulators across the country. The joint federal-state group entered into the agreement with the nation’s five largest mortgage servicers: Bank of America Corporation, JPMorgan Chase & Co., Wells Fargo & Company, Citigroup Inc. and Ally Financial Inc. (formerly GMAC).

“This agreement – the largest joint federal-state settlement ever obtained – is the result of unprecedented coordination among enforcement agencies throughout the government,” said Attorney General Holder. “It holds mortgage servicers accountable for abusive practices and requires them to commit more than $20 billion towards financial relief for consumers. As a result, struggling homeowners throughout the country will benefit from reduced principals and refinancing of their loans. The agreement also requires substantial changes in how servicers do business, which will help to ensure the abuses of the past are not repeated.”

“This historic settlement will provide immediate relief to homeowners – forcing banks to reduce the principal balance on many loans, refinance loans for underwater borrowers, and pay billions of dollars to states and consumers,” said HUD Secretary Donovan. “ Banks must follow the laws. Any bank that hasn’t done so should be held accountable and should take prompt action to correct its mistakes. And it will not end with this settlement. One of the most important ways this settlement helps homeowners is that it forces the banks to clean up their acts and fix the problems uncovered during our investigations. And it does that by committing them to major reforms in how they service mortgage loans. These new customer service standards are in keeping with the Homeowners Bill of Rights recently announced by President Obama – a single, straightforward set of commonsense rules that families can count on.”

“This monitored agreement holds the banks accountable, it provides badly needed relief to homeowners, and it transforms the mortgage servicing industry so now homeowners will be protected and treated fairly,” said Iowa Attorney General Miller.

“This settlement has broad bipartisan support from the states because the attorneys general realize that the partnership with the federal agencies made it possible to achieve favorable terms and conditions that would have been difficult for the states or the federal government to achieve on their own,” said Colorado Attorney General Suthers.

The joint federal-state agreement requires servicers to implement comprehensive new mortgage loan servicing standards and to commit $25 billion to resolve violations of state and federal law. These violations include servicers’ use of “robo-signed” affidavits in foreclosure proceedings; deceptive practices in the offering of loan modifications; failures to offer non-foreclosure alternatives before foreclosing on borrowers with federally insured mortgages; and filing improper documentation in federal bankruptcy court.

Under the terms of the agreement, the servicers are required to collectively dedicate $20 billion toward various forms of financial relief to borrowers. At least $10 billion will go toward reducing the principal on loans for borrowers who, as of the date of the settlement, are either delinquent or at imminent risk of default and owe more on their mortgages than their homes are worth. At least $3 billion will go toward refinancing loans for borrowers who are current on their mortgages but who owe more on their mortgage than their homes are worth. Borrowers who meet basic criteria will be eligible for the refinancing, which will reduce interest rates for borrowers who are currently paying much higher rates or whose adjustable rate mortgages are due to soon rise to much higher rates. Up to $7 billion will go towards other forms of relief, including forbearance of principal for unemployed borrowers, anti-blight programs, short sales and transitional assistance, benefits for service members who are forced to sell their home at a loss as a result of a Permanent Change in Station order, and other programs. Because servicers will receive only partial credit for every dollar spent on some of the required activities, the settlement will provide direct benefits to borrowers in excess of $20 billion.

Mortgage servicers are required to fulfill these obligations within three years. To encourage servicers to provide relief quickly, there are incentives for relief provided within the first 12 months. Servicers must reach 75 percent of their targets within the first two years. Servicers that miss settlement targets and deadlines will be required to pay substantial additional cash amounts.

In addition to the $20 billion in financial relief for borrowers, the agreement requires the servicers to pay $5 billion in cash to the federal and state governments. $1.5 billion of this payment will be used to establish a Borrower Payment Fund to provide cash payments to borrowers whose homes were sold or taken in foreclosure between Jan. 1, 2008 and Dec. 31, 2011, and who meet other criteria. This program is separate from the restitution program currently being administered by federal banking regulators to compensate those who suffered direct financial harm as a result of wrongful servicer conduct. Borrowers will not release any claims in exchange for a payment. The remaining $3.5 billion of the $5 billion payment will go to state and federal governments to be used to repay public funds lost as a result of servicer misconduct and to fund housing counselors, legal aid and other similar public programs determined by the state attorneys general.

The $5 billion includes a $1 billion resolution of a separate investigation into fraudulent and wrongful conduct by Bank of America and various Countrywide entities related to the origination and underwriting of Federal Housing Administration (FHA)-insured mortgage loans, and systematic inflation of appraisal values concerning these loans, from Jan. 1, 2003 through April 30, 2009. Payment of $500 million of this $1 billion will be deferred to partially fund a loan modification program for Countrywide borrowers throughout the nation who are underwater on their mortgages. This investigation was conducted by the U.S. Attorney’s Office for the Eastern District of New York, with the Civil Division’s Commercial Litigation Branch of the Department of Justice, HUD and HUD-OIG. The settlement also resolves an investigation by the Eastern District of New York, the Special Inspector General for the Troubled Asset Relief Program (SIGTARP) and the Federal Housing Finance Agency-Office of the Inspector General (FHFA-OIG) into allegations that Bank of America defrauded the Home Affordable Modification Program.

The joint federal-state agreement requires the mortgage servicers to implement unprecedented changes in how they service mortgage loans, handle foreclosures, and ensure the accuracy of information provided in federal bankruptcy court. The agreement requires new servicing standards which will prevent foreclosure abuses of the past, such as robo-signing, improper documentation and lost paperwork, and create dozens of new consumer protections. The new standards provide for strict oversight of foreclosure processing, including third-party vendors, and new requirements to undertake pre-filing reviews of certain documents filed in bankruptcy court.

The new servicing standards make foreclosure a last resort by requiring servicers to evaluate homeowners for other loss mitigation options first. In addition, banks will be restricted from foreclosing while the homeowner is being considered for a loan modification. The new standards also include procedures and timelines for reviewing loan modification applications and give homeowners the right to appeal denials. Servicers will also be required to create a single point of contact for borrowers seeking information about their loans and maintain adequate staff to handle calls.

The agreement will also provide enhanced protections for service members that go beyond those required by the Servicemembers Civil Relief Act (SCRA). In addition, the four servicers that had not previously resolved certain portions of potential SCRA liability have agreed to conduct a full review, overseen by the Justice Department’s Civil Rights Division, to determine whether any servicemembers were foreclosed on in violation of SCRA since Jan. 1, 2006. The servicers have also agreed to conduct a thorough review, overseen by the Civil Rights Division, to determine whether any servicemember, from Jan. 1, 2008, to the present, was charged interest in excess of 6% on their mortgage, after a valid request to lower the interest rate, in violation of the SCRA. Servicers will be required to make payments to any servicemember who was a victim of a wrongful foreclosure or who was wrongfully charged a higher interest rate. This compensation for servicemembers is in addition to the $25 billion settlement amount.

The agreement will be filed as a consent judgment in the U.S. District Court for the District of Columbia. Compliance with the agreement will be overseen by an independent monitor, Joseph A. Smith Jr. Smith has served as the North Carolina Commissioner of Banks since 2002. Smith is also the former Chairman of the Conference of State Banks Supervisors (CSBS). The monitor will oversee implementation of the servicing standards required by the agreement; impose penalties of up to $1 million per violation (or up to $5 million for certain repeat violations); and publish regular public reports that identify any quarter in which a servicer fell short of the standards imposed in the settlement.

The agreement resolves certain violations of civil law based on mortgage loan servicing activities. The agreement does not prevent state and federal authorities from pursuing criminal enforcement actions related to this or other conduct by the servicers. The agreement does not prevent the government from punishing wrongful securitization conduct that will be the focus of the new Residential Mortgage-Backed Securities Working Group. The United States also retains its full authority to recover losses and penalties caused to the federal government when a bank failed to satisfy underwriting standards on a government-insured or government-guaranteed loan. The agreement does not prevent any action by individual borrowers who wish to bring their own lawsuits. State attorneys general also preserved, among other things, all claims against the Mortgage Electronic Registration Systems (MERS), and all claims brought by borrowers.

Investigations were conducted by the U.S. Trustee Program of the Department of Justice, HUD-OIG, HUD’s FHA, state attorneys general offices and state banking regulators from throughout the country, the U.S. Attorney’s Office for the Eastern District of New York, the U.S. Attorney’s Office for the District of Colorado, the Justice Department’s Civil Division, the U.S. Attorney’s Office for the Western District of North Carolina, the U.S. Attorney’s Office for the District of South Carolina, the U.S. Attorney’s Office for the Southern District of New York, SIGTARP and FHFA-OIG. The Department of Treasury, the Federal Trade Commission, the Consumer Financial Protection Bureau, the Justice Department’s Civil Rights Division, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the Department of Veterans Affairs and the U.S. Department of Agriculture made critical contributions.

For more information about the mortgage servicing settlement, go to http://www.NationalMortgageSettlement.com. To find your state attorney general’s website, go to http://www.NAAG.org and click on “The Attorneys General.”

The joint federal-state agreement is part of enforcement efforts by President Barack Obama’s Financial Fraud Enforcement Task Force. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes. For more information about the task force, visit: http://www.stopfraud.gov.

51 Responses

  1. Barry Fagan v Wells Fargo Bank Re REQUEST for JUDICIAL NOTICE of a RELATED CASE:REPORT Office of the Assessor-Recorder San Francisco Report as Sponsored by Phil Ting Assessor-Recorder for San Francisco Entitled Foreclosure in California a CRISIS OF COMPLIANCE

    http://www.scribd.com/doc/82105072/Barry-Fagan-v-Wells-Fargo-Bank-Re-REQUEST-for-JUDICIAL-NOTICE-of-a-RELATED-CASE-REPORT-Office-of-the-Assessor-Recorder-San-Francisco-Report-as-Sponsor

  2. FORECLOSUR­E IN CALIFORNIA A CRISIS OF COMPLIANCE SAN FRANCISCO | FEBRUARY 2012 PREPARED BY AEQUITAS COMPLIANCE SOLUTIONS, INC.

    http://www­.scribd.co­m/doc/8184­3675/FOREC­LOSURE-IN-­CALIFORNIA­-A-CRISIS-­OF-COMPLIA­NCE-SAN-FR­ANCISCO-FE­BRUARY-201­2-PREPARED­-BY-AEQUIT­AS-COMPLIA­NCE-SOLUTI­ONS

  3. Attorneys and judges everywhere are a large part of the reason they are getting away with white collar crimes of theft and foregery.

  4. Dont know what will become of millions of people as I watched a morning show that seems to be smug that the banks have nothing to fear now that a state settlement has been reached. Attys here are part of the problem.

  5. […] Filed under: bubble, CDO, CORRUPTION, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud Tagged: 60 minutes, AHMSI, appraisal fraud, attorney general, auction fraud, Chris Koster, credit bids, DocX Indictment, foreclosure fraud, FORECLOSURE SETTLEMENT, foreclosures, forgery, housing market, housing prices, investors, linda green, LPS, Missouri, mortgage fruad, mortgages, Robo-Signing, settlement, strategic default Livinglies’s Weblog […]

  6. probably posted elsewhere …

    Gov. Scott Walker To Use Foreclosure Settlement Money To Balance His Budget, Not Help Homeowners

    http://thinkprogress.org/economy/2012/02/10/422744/walker-settlement-budget/?mobile=nc

  7. @keepon:

    “prompt action to correct its mistakes”

    “correct” being the keyword that makes Mr. Donovan complicit. You cannot “correct” a fraud without committing a fraud. There is no such thing as a “mistake” when a fraud has been commited.

  8. HUD Secretary Donovan. “ Banks must follow the laws. Any bank that hasn’t done so SHOULD BE HELD ACCOUNTABLE and should take prompt action to correct its mistakes. ”

    Yes, Shaun. Yes! WE thought YOU had this covered! All those Consent Orders and all?!

    Why would banks follow YOUR law when they in fact: never followed THEE Law, Black Letter Law. Were YOU going to do better than that?

    How many ‘1 last chances’ do banks get before “mistakes” are called what they are: RICO. Criminal Enterprise.

    How far are YOU willing to let this Nation and its people FALL, on their one investment of a lifetime, before YOU begin to LEAD and take the criminals in hand?

  9. I knew from the get go that this was not for the people. They want the settlement to pump up their funds and make sure their retirement accounts are covered. That was the plan from the get go. That is why the big emphasis on allowing those to sue individually. First, there are few attorneys who will help individuals; and that pool narrows again when you take out the attorneys that are incompentent in his/her knowledge of the issues; second; the people that just are unable, for whatever reason, to stand up to the theives; and last, those of us that do get the crap kicked out of us from the justice system who are unwilling to rule by the law rather than their personal biases or conflict of interests. It is all for illusion and distraction and none of them are to be trusted. They are negoitating with criminals and terrorists against the 99% while the 1%, government cronies, banks and wall street sit in their ivory towers and their island compounds trying to stay on top of more ways to rob us. It is a pathetic joke and I’m sorry to say the joke is on us.

    Remember the million man march? I’m thinking come spring we should coordinate the largest millions men/women march that will make their heads swim. This would need to be a well planned and tactically coordinated effort. Speakers would need to be lined up. Different areas of occupy DC for that day would be coordinated in advance. ie: These state occupiers would take K st. and so on and so forth. Plan it to begin on a Friday as to stop up traffic throughout DC with most of the speakers and events taking place over the weekend. We could really grab some media attention if we could actually get millions to turn out with speakers who send out the true message of what is happening in our country. We need to take some kind of action instead of just talking about it. I would be the first to volunteer as a coordinator.

  10. As so many of you have feared, settlement $ may go to the states, but never reach the people in foreclosure.

    http://www.msfraud.org/

    You have to read it to believe it!
    Attorney General J.B. Van Hollen’s office made the decision in consultation with Gov. Scott Walker to use most of the $31.6 million paid directly to the state to balance the budget rather than to help the thousands of Wisconsin residents who have lost their homes to fraudulent mortgage practices.

    ——————————————————————————–

    After mortgage settlement, MERS left out in the cold
    This story is significant because when push comes to shove, the banks will turn their backs on MERS.

    ——————————————————————————–

    Cleveland covets mortgage settlement money
    for demolition of abandoned homes
    Attorney General DeWine will distribute $75 million for eliminating blight. DeWine has yet not decided how to divide the money in a state with an estimated 100,000 abandoned houses.

    ——————————————————————————–

    STUNNING! Fannie Mae offers examples of routine dishonesty
    in its fight against lenders
    Conservators of FNMA wrote that a review of 363 defaults revealed that 99 percent were not underwritten according to guidelines.

    ——————————————————————————–

    AG ALERT: Be wary of mortgage settlement fraud
    Even before Thursday’s $25 billion mortgage servicing settlement was announced, Alabama consumers received phone calls trying to trick them into giving out financial information that could be exploited and abused.

    ——————————————————————————–

    National Mortgage Settlement:
    States, Big Banks Reach $25 Billion Deal [UPDATE]
    ———————-

    From David Dayen – FDL
    The deal will release claims from state Attorneys General, but individual homeowners retain private rights of action to sue over foreclosure fraud and other abuses. As part of the settlement, states will get a fixed amount in hard dollars that would go to fund legal aid services. “This will get a lawyer for everyone facing foreclosure in the state,” said one source in an Attorney General’s office. “This will stop every wrongful foreclosure.”

    ——————————————————————————–

    Push to Avert Foreclosures Hits Court Logjam
    The state’s judges have grown increasingly vocal about what some of them have called “outrageous” conduct, “patently false” statements and “inexcusable” actions by lenders’ lawyers.

  11. carie,
    This site’s ‘okay’, but I feel A LOT of potential has largely gone to waste due to Neil’s lack of a constructive group initiative and everyone else’s lack of will and desire to organize into an effective body of emergency justice and correction, which could have contributed greatly to (and kept alive) OWS.

    But alass United they Stand and Divided We Are.

  12. @MD – thanks for the video – absolutely beautiful and what a wonderful message! Thanks!

    papergate

  13. Still in the fight in Arizona ! Never Give up ! I would rather stand and fight each every one of the treasonous dirty bastards than to crawl away on my hands and knees.

    Run and you will loose your home. Fight and you have the very chance to take back this counrty and the home that belongs to you !

    Never EVER GIVE Up !

  14. Not sure where I grabbed this from but it is a really interesting ‘panel’ at NYU School of Law – moderated by Neil Barofsky: with Lanny Breuer, Assistant Attorney General, U.S. DOJ, Eliot Spitzer, Former Governor/NY AG and Mary Jo White, Partner, Debevoise & Plimpton LLP; Former US Attorney New York – what is interesting is watching the expressions and reactions of Spitzer and White to Breuer’s responses and reasoning for where, why, etc. I could actually give Lenny a couple of examples of criminal intent . . . and I’m not an attorney. . . watch:
    http://www.youtube.com/user/nyuschooloflaw#p/a/u/2/L_Mg6YOxjTg

    Whoever gave this link – thanks – a must view.

  15. @ MD – Beautiful music! I don’t know if the initials ‘MD’ are for a name or are you possibly in the state of Maryland? I ask because I am in DE but if I go across the street (literally) I am in Maryland. I live right on the line of the two states.

  16. Something beautiful for you all….<3

    http://www.youtube.com/watch?v=mJ_fkw5j-t0&feature=youtu.be

    Check out the vocal version too…

  17. @carie…I agree. This site has been my lifeline. My place to come. I sit and read, read, read. It lets me know that I’m not alone.

    @ E. Tolle Will be copying and sending that to my AG. I have lost count of how many times I have contacted him.

    @ EVERYONE THAT COMES HERE………((((HUGS))) to you all and thank you for all of your knowledge, your stories, your thoughts, your input. THANK-YOU <3

  18. Me too…this site and the kind people here have saved my sanity—not my house, unfortunately, but my sanity—which is much more important in the grand scheme of things…;)

  19. So many with so much pain so much determination.We will expose IT.

    “Failure is impossible.”

    These criminal are going DOWN.

    Love your Fire.I can hang on a little longer because of all of you.

  20. “This agreement, the largest joint federal-state payoff ever obtained”

    At some point we should kill the messenger.

  21. @Nora

    Great. I love the idea of congregates. How would one go about starting one up, I wonder, or to find out where there might be some already up and working?

  22. The language in the settlement is still total bullshit. It still tries to convince “borrowers” that there are valid liens when there are not, completely sidesteps the issue of the criminal bankers not being able to modify what they don’t own, and the writing down of principle? All this intends to do is get naive “borrowers” signatures so that the bankers can clean up the Title mess they created for themselves. We have been totally sold out, again.
    We see the problem…not enough lawyers who can competently defend us, even fewer who will work for what we can afford to pay, and a legion of lax AG’s who don’t give a crap about any of this. The banks have bought them with campaign donations or threatened them, or both. A few good attorneys I know are working their asses off to defend the downtrodden. Others are teaching classes at churches on how to defend your foreclosure. Still other righteous people are exposing the fraud and organizing “borrowers” into congregates that refuse to pay one more dime to the thieves whose only focus is squeezing the last drop of blood out of us. When enough of us quit paying and sue, whether with the help of one of these champions or by ourselves, armed with the knowledge of the huge racket that was the mortgage industry for the last decade, we won’t need to do anything else but get rid of the dead wood in the state’s attorneys offices, because Wall street will be dust, including the Fed Reserve.

    What we need is a breakdown, written in simple language that takes the uninformed from closing to foreclosing, outlining exactly what the Wall street criminals did, and what’s required to prove it. I don’t think it matters too much that the laws vary and some states are judicial while others are non-judicial, because the same pattern is essentially there in all cases: Appraisal Fraud, Mortgage Fraud, Predatory Lending, Unjust Enrichment, Wrongful Foreclosure, Conspiracy to Defraud, Loan Modification Fraud, Racketeering, Slander of Title, Slander of Personal Reputation, and the destruction of one’s life, liberty and happiness. They violated just about every statute that applies to the mortgage industry from Uniform Commercial Code to Equity Protection Act and Tort law. It’s time for the learned men to act, like our founding fathers did, and put it in writing. Then enforce it. Sue the judges who won’t uphold the statutes. We can’t be paralyzed with fear, we must be galvanized by our outrage, and organized to win all that we’ve been defrauded of back.

  23. @Enraged,
    That was funny. I’ll sound like Princess Diana when she had to deal with Charles cheating on her. Except I’d end up saying,
    “It’ll be quite crowded squatting with the people who have been there for the past 10 months.”

    @E.Tolle,
    Nice letter from Ben T. Over (love the meaning) but….and this comment poised as an opinion is a serious suggestion.
    When you send anything to anyone, you have to have a status. A “who are you”.

    Just signing Ben T. Over is not enough, because anyone you are communicating with will presume you are a ‘person’ (to them that’s a nobody that has no rights).

    So sign as a Free People, or corporeal, or something of substance.
    You never see a judge sign without indicating their capacity as a ‘Presiding judge’, or the Clerk giving you certified papers sign as ‘Deputy’, or the Notary can’t even notarize a document without giving their status as a Notary.

    You missed the point of this exercise…it’s the signature that is left ‘blank’ that without a capacity for which you stand, you have no standing to tell them anything. Nothing. Nada.

    From now on, on every paper, every receipt, ever contract, every check, every slip, everything….have a capacity for who you are so no one can presume you are ‘less than who you are’.

    That……will………..change…………how………..they…………deal……….with………..us……….in………….this………..world…………they……….created.

    When I communicate with them in their capacity, I give them my capacity so they know whether they work for me or whether I am subject to them. That’s something you weren’t taught in school, and many will never learn because no one they knows is doing it…but if they paid attention they’d see those in a position of authority can’t sign without doing it. Otherwise they’d have no authority.

    Those that have eyes….let them see.

    Trespass Unwanted, corporeal, life, a free and Independent State, a Free and Independent People, allodial, in jure proprio, jure divino.

  24. I can identify with the hardship stories. I may sound like a broken record, but even when I paid attorneys on two different occasions, they took the money and ran, basically….in bed with the bank attorneys.
    Deliberately had us evicted for their own personal gain.

    By that time, you have run out of funds and the credit card companies have drastically lowered your limits or closed your accounts.

    Disgusting. California is the worst.

  25. @ Etolle

    Shame on you. I laughed so hard I fell off my stool. Needed that!

  26. Looks like I’m onto something…

    Our government needs money. To prepare for war. Don’t believe me? Check below where your house has gone. Into the new weapons of mass destruction, capable of reaching… China in just about an hour from SFO.

    http://defense.aol.com/2012/02/09/new-navy-rail-gun-on-track-industry-tests-scheduled-this-mont/?icid=maing-grid7%7Cmain5%7Cdl1%7Csec1_lnk3%26pLid%3D134442

  27. February 10, 2012
    The Honorable H. Soldesout
    Office of the Attorney General
    1 South Ivory Tower
    550 High Finance Street
    City, State 12345

    Dear Attorney General Huge Soldesout,

    I’d like to bring your attention to a situation that concerns all of the citizens of the once great state of _________. It has come to my attention that our attorney general, that would be you, in league with other attorneys general around the nation, have formed an alliance with the very criminals who have perpetrated the single largest crime ever before committed upon a sovereign nation; the theft of millions of homes through fraudulent documents, forgery, perjury, uttering, false recording, and many more felonious acts.

    I believe these actions point to undeniable treasonous acts against United States, the citizens of which are the victims of these unconscionable criminal acts. I therefore ask that you investigate yourself, and if, uhm….when found guilty of these heinous acts that you prosecute yourself to the fullest extent of the law. In addition to the above offenses, please add the crime of misprision, that of the concealment of a felony committed by another person(s), as would make the concealer an accessory before or after the fact.

    Please punish yourself to the maximum extent of the law, and throw away the key.

    Sincerely,

    Ben T. Over
    4 Last Time Rd.
    Cominforya, CA.

  28. Makes little difference. Foreclosures are going to gain speed, according to the banks. I believe it. I don’t know what pea brain fails to see where it will lead but there is less and less doubt that we’re pushing toward a bank-induced, government-spondored civil war.

    http://mattweidnerlaw.com/blog/2012/02/ag-settlement-fallout-more-foreclosures/

    May 1st, 2012, is worldwide “occupy the 1%” day. Apparently, it will be a busy day…

    http://www.facebook.com/events/119235331529404/

    I’m all in favor. Actually long overdue.

  29. Fear…fear of diminished power and money rules the world…the hell with humans…

  30. @ Mary….links?

  31. Ah, but here is where they get you in Florida: Compliments of Matt Weidner’s law blog.

    Floridians beware, take action.

    Here it is folks, the language that will be put into the bill this week that will allow the bank to use any trick they want to steal your home and never, ever fear because you could never, ever get your home back.

    Forget about robo signing, they can outright steal and there would be NOTHING YOU COULD DO TO GET YOUR HOME BACK!

    This folks is what this whole stinking bill is about right now. This is the language that everyone is demanding be in the bill. Everything else is just a distraction. This is the piece that is the ugliest and most dangerous. This is the piece that will send the criminality and the fraud and the outright abuse of homeowners absolutely over the top!

    IF THEY PASS THIS SECTION, FORGET EVERYTHING ELSE!

    574 702.036 Finality of mortgage foreclosure judgment.—

    575 (1)(a) In any action or proceeding in which a party seeks

    576 to set aside, invalidate, or challenge the validity of a final

    577 judgment of foreclosure of a mortgage or to establish or

    578 reestablish a lien or encumbrance on the property in abrogation

    579 of the final judgment of foreclosure of a mortgage, the court

    580 shall treat such request solely as a claim for monetary damages

    581 and may not grant relief that adversely affects the quality or

    582 character of the title to the property,

    YOU HAVE GOT TO MAKE CALLS EVERY SINGLE DAY, TELL EVERYONE YOU KNOW….DO YOUR PART:

    HouseJudiciary

    HouseJudiciary

  32. Bank of Asses has sent me 5 letters in the last month all saying…

    “Hi my name is blah blah blah and I’m your single point of contact from here on out with the lovely Shank of Amerika.”

    EVERY ONE OF THEM HAS A DFFERENT NAME ON IT. If they were giving me a single point of contact the flippin name would be the same on all of them. As would be the name of the person leaving a damn message on my phone every day!

    Single point of contact my ass…. LMFAO!!!

  33. mmm…. For instance… OCC order that my new best friend Wells Fargo already agreed to ages ago said that they should have a single point of contact….

    mmm…. i sent then 3 QWRs requesting that and referencing the OCC consent order.

    All i get is boilerplate letter with some different bank peon’s name on it with no title or direct phone number, email or address. No department.

    Banks will just ignore this… yet again.

  34. For those of us who grew up actually learning anything, we have that innate understanding that it doesn’t matter how many Gubbamint Ofishuls you involve in the dog an’ pony show, fraud is still fraud, the only difference being that the scale of it deserves running caps, and that still doesn’t convey the meaning. FRAUD

    Oh, I’m sorry, with my poor education I misspelled that. Let me try again: OBAMA, or is it MILLER, or HOLDER, or…

    OK, I give up! Anyone think that’ll make them happy? No, they want blood, and this will never end until they’ve sucked the entire lifeblood out of the country, and then the world.

    Don’t sign anything. Form study groups and fight them as a unified force, the way they stole everything in their systemic elitist plan to usurp the authority of government. United we stand, and it only takes a few informed individuals to coalesce the energies of the willing into a cohesive legal force that can present the issues and force a resolution that becomes a revolution, without ever a shot being fired.

    This website contains everything an organized people need to take back the monetary system and the property that backs it. Make it so.

  35. @westcoast….Exactly…

    “Hey you broken down, beaten up, kicked in the teeth after you were already down, sick, poor, BROKE, ashamed, withdrawn from society,deadbeat homeowners. The ones the bank made sure they sucked dry financially and emotionally to protect themselves from YOU getting a lawyer…I’m a lawyer ;D..You know more than I do right now because for 2+ years you’ve been reading every blog, asking every question, turning over every rock and leaf to educate yourself about this fraud. Doing the very best you can to try and educate yourself as a lawyer. Spending money on getting and lining up the paperwork you need that I (a real lawyer) can take and actually see could very well win you a lawsuit. Ya got $5 Grand??? Oh wait, hold that thought my buddy from Bank of Asses needs help and he can pay me $100 Grand…and to be quite honest I really couldn’t get much done for $5 grand anyway….It was sure to cost you much much more.

  36. @Trespass,

    Stealing from a thief is taking back what’s yours… You go back to that property, you move right back in and you squat!!!

  37. Say MD,

    I hear your pain. I hired a lawyer to help with a HAMP and as it ended up, Fannie Mae sold the property at auction at the same time as the HAMP was “being considered”. Lawyer knew less about foreclosure defense than I did. When it came time for the Unlawful Detainer, he couldn’t even bother making it to the courthouse to file my answer. I had already moved out, but now it’s on my file. I got my retainer back. The only lawyers’ I interviewed who seemed to “really” know the topic wanted at least $5K upfront with no guarantees.
    It’s a racket.

  38. There is already a case on file in the courts, judicial and non-judicial. Why can’t they establish a situation where rubber-stamping judges review what they already have on file that supposedly established standing to sue?

    As soon as they see Linda Green or LPS or the Stern Law Firm or Lost Note Affidavit or Substitute Trustee, or a suit naming a Plaintiff that did not exist at the time of the lawsuit, or a suit claiming a mortgage in a trust that don’t exist, or a suit showing documents that have no name or no signature on key documents in the mortgage or the theft (aka foreclosure), etc…they could reverse their decision nunc pro tunc.

    Is that too much to ask for?

    I’m not going into their courts.

    I didn’t go to court to purchase the house.
    I was never supposed to be there when my home was stolen.
    I sure ain’t going back to try to ‘sue’ to get it back.

    It’s mine. Fee simple, clear title, unencumbered.

    They must need more time to figure it out, or they are incompetent and we need some competent people who know the law and their own moral documents like the Bill of Rights and their Constitution. We didn’t sign it, we aren’t a party to it, but it is a document that should have declared how they would represent the corporation and how they would protect the people they rely on for the ‘full faith and credit’ they’ve enjoyed for so long.

    Once you know of a crime and you locate the stolen property, even if someone else has it or is using it; you give it back to it’s rightful owner.

    It’s That simple.

    Trespass Unwanted, corporeal, life, sovereign, allodial, a free and Independent state, a free people, in jure proprio, jure divino.

  39. Just read the link u posted Carie. Unfortunately we will here an increasing number of tragic endings to many more lives in addition to those 2 gentleman and the many others that have all ready fallen….. Its inevitable.

  40. Yeah—a lawyer—who does NOTHING for you except take your money—while YOU educate HIM about all this stuff…

  41. Yes Carie…I do believe most if not all of that was served up in my platter of lies and deceit too…

    Oh but you can get a lawyer….

  42. The settlement isn’t even with anybody that I’ve got beef with (that I know of). My gripe is the obvious circumvention of Justice. They can’t seriously expect anyone to abide by any law now, as this tragedy clearly indicates we are no longer as nation of Laws, but a nation of Flaws. My main beef is for the people’s pain that is felt like the first 2 comments of this post, I know because I feel it too.

  43. yes it is, MD…

    carie, on February 9, 2012 at 2:45 pm said:

    Homeowner: “My income has gone way down because of the devastating economic crash—can I please apply for the loan mod program that our wonderful President told us about on national TV?”

    Servicer: “I’d like to help you with that, but you can’t be current on your “mortgage”—because then we don’t accept that you are really struggling…”

    Homeowner: “Okay, well, I’ve been taking money from my credit card just to survive, but I will stop doing that—which I hate doing anyway—and just fall behind so I can qualify for the mod program…while I continue to look for work…my credit is shot anyway, so what the hell…”
    (later) Servicer: “Okay, send us allyour paperwork fifty times over the course of the next year—during which time we might foreclose on you anyway, just for the heck of it—but if you happen to survive the torture of the paperwork nightmare, then we may or may not give you a “trial payment plan”—and if we do, you will be giving us money every month (on time, please—only WE are allowed to screw up the paperwork), to put into a “suspense account”, which we will of course keep, no matter if you get a “permanent” loan mod or not….anyway, after 3 to 6 months, we will tell you (the total lie) whether or not some “investor” who “owns” your “loan” in some “trust”, actually “approves” of you getting a loan mod…or someother stupid reason to not give you the mod….We of course are blatantly lying when we say some obscure “investor” has the final say so, but we have to come up with SOME sort of excuse, because what we REALLY want to do is foreclose on you—for a variety of reasons, but it always comes down to us making the most money we possibly can. You see, we are just a debt collector…nobody “owns” a promissory note—they were all destroyed because of the “securities” issue…we just PRETEND like a “loan” was supposedly pooled into a mortgage-backed securitized trust—but, honestly, this isn’t true. The pretend “loans” NEVER went into any of the trusts. It was just a little game we played, and are still playing…There weren’t any “loans”. Only collection rights were transferred at closing. So, ma’am, here’s the thing—you can give us your money for the stupid “trial payment plan”, but we more than likely won’t ever give you a mod…we will just string you along with lies, take your money, hide the truth, and then foreclose on you—and there’s nothing you can do about it. We have it all figured out…how to get it done quickly, and kick you out…see, there’s this thing called MERS, and it allows us to make up any kind of lie we want…and get away with it…it’s quite the INGENIOUS TRAP we put you in, isn’t it?”

    Homeowner: “Uh, yeah…hmmm…well, since you put it that way, I guess I’ll just have to look for a sale on tents somewhere…just not sure what I’m going to tell my kids…”

    Servicer: “NOW you’re talkin’—good luck with that! Just tell your kids that money and deceit are SO much more important than compassion and honesty—that’s what our wonderful government wants us to learn from all this…Oh, and just be careful not to use any little wood stoves inside that tent, even if you think you are about to freeze to death…”

    http://www.huffingtonpost.com/2012/02/09/californias-homeless-crisis_n_1243223.html

  44. You can file a lawsuit! You can file a lawsuit! You can file a lawsuit, You can file a lawsuit……NO I CANT FILE A LAWSUIT!!!!!!! DID YOU HEAR ME???? NO I CAN’T FILE A LAWSUIT! I’VE TRIED AND CANT FIND A LAWYER TO TAKE MY CASE!!!!!!!!! Don’t you see that’s why so many are being filed on thru the court???? They can’t get lawyers and don’t have the ability to do this alone!!!!! They knew we wouldn’t!!!! They said …”No worries most of these people we will just mentally beat down and they will never make it if they come to court alone! HA HA HA HA HA HA cackles THE MACHINE!!!!!! HA HA HA HA! We can make them so miserabe with the process they will just walk away!!!! HA HA HA!!”

    Some people ARE completley beaten down, some people are elderly, some people are sick, some don’t know where to turn or are afraid to answer the phone any more. They’ve lost trust in it all…. Been lied to over and over. I was by Bank of America…lied to over and over and over again. Some sit shell shocked waiting for the Axe to fall…….totally oblierated by the whole process….every lead or promise, or ray of hope dashed as soon as they try it. Some said F it and did walk away! I’ve been working on this for 2 years….All alone, no help except this blog right here…Reading and hoping I can find something to help me or teach myself what to say come the day I go to court…I got my loan specific title and securitization audit and that’s what I have to take to court along with my layman talking self that will stagger and stammer over my words as I suffer from extreme anxiety, but I have no choice but to do just that!!! I refuse to answer my phone and play…Shank of Amerika wants to do a short sale today because the 2 years of hell we put you through with the whole modification lie packet was just not enough. We need to hurt, kick, mentally abuse, and laugh at you some more…Fast forward a couple of months and exhausted and beaten from jumping thru their hoops again and what will I hear???? ” Sorry you can’t do a short sale. You don’t qualify because you didn’t cross the T or dot the I on the paperwork…..RING RING goes the phone…Shank of Amerika wants to do a deed in lieu today. Fast forward a couple months after jumping thru hoops, being tied to a whipping post and what do you hear??? Sorry u don’t qualify for that either…Meanwhile you have put your signature on a bunch of shit and they use it to transfer your home into their posession and guess what folks????? TA DA!! We own your home cause we got a bunch a fraudulent docs we put your signature on that say so!!!! SLAM!!! Down goes the judges gavel!!! You just qualified for a foreclosure!!!”GET THE FUCK OUT! OH WAIT!!! AND TAKE THIS DEFIECENCY JUDGEMENT WITH YOU.

    Not gonna tell me that that scenario I just laid out is NOT still happening……..

  45. Barry Fagan v Wells Fargo Bank re: Consumer Financial Protection Bureau Complaint

    Information about the company
    Wells Fargo Bank NA
    United States

    Wells Fargo Bank has fraudulently altered Barry Fagan’s Deed of Trust and the attached expert opinion dated 1/12/2012 from Forensic Document Examiner Dr. Laurie Hoeltzel specifically explains that the handwritten page 4 has been altered on two separate versions of that original Deed of Trust. Barry Fagan has recorded all 3 versions of the same deed of trust with the Los Angeles Registrar Recorders Office on November 29, 2011 as instrument no. 2011-1608398. The recorded Notice of Pendency of Action showing three different versions of that same July 9, 2007 Deed of Trust as originally recorded under instrument no. 2007-1622100. Judge Tarle, of The Superior Court of California, West District has taken Judicial Notice of that Recorded Document. Barry Fagan has submitted credible evidence from a forensic document examiner with over 20 years of experience that multiple fraudulent alterations have occurred on the “Handwritten Number page 4” which is located on page 3/4 of the Deed of Trust. All of the Deeds of Trust now reflect an entirely different handwritten NUMBER 4, and one of the exhibits also has a snake like line drawn on it, which is not present on the other two exhibits. C.P.A. Shawn P. Adamo stated: “It is my professional opinion that the altered deed of trust is concealing an irrevocable assignment, and explains why Wells Fargo is unable to produce loan level accounting concerning Mr. Fagan’s loan. Wells Fargo claims that any level of detail relating to Mr. Fagan’s mortgage is non- existent. As a result, CPA Shawn Adamo provided two expert opinions, (one an affidavit signed under penalty of perjury dated January 24, 2012 and the other is a Feb. 6, 2012 complaint letter sent to various regulatory agencies) from C.P.A Shawn Adamo explaining that Wells Fargo Bank has failed to provide a loan level balance sheet accounting and is concealing the fact that they do not own Barry Fagan’s loan. Additionally, forensic document Expert Dr. Laurie Hoeltzel has declared under penalty of perjury on January 2, 2012 that Wells Fargo Bank is robo-signing Discovery Responses by using multiple authors of the name Rhonda Bernard Thomas.(see attached declaration from Dr. Laurie Hoeltzel) I have also attached an affidavit from from forensic loan analyst/expert Javiar Taboas dated July 14, 2011 who is specifically stating that Wells Fargo securitized/sold Barry Fagan’s note and is fraudulently claiming continued ownership without any proof whatsoever.(See attached affidavit of Expert Javiar Taboas) Also attached is an illegally prepared Declaration of Default which is not actually signed by a natural person, but is signed by Wells Fargo Bank NA. This is a blatant California Civil Code Section 2923.5 and 2924 violation in that this illegally prepared document set in motion the entire illegal Non-Judicial Foreclosure. Also attached is a letter from Wells Fargo Bank dated December 5, 2011 and states that Wells Fargo Bank is reviewing Barry Fagan’s file and will respond on December 15, 2016 (THAT’S 5 YEARS FROM NOW!). Barry Fagan claims that this was a form of retaliatory contact. Wells Fargo is a criminal enterprise that is attempting to illegally foreclose on my primary residence by way of fraudulently altered documents, robo-signed discovery responses, invalid Declaration of Default, no loan level accounting and Barry Fagan’s loan file needs to be investigated at the highest level within your organization to see that a crime has actually occurred! The law offices of Kutak Rock LLP located in Irvine, California needs to have Barry Fagan’s NOTE and Deed of Trust subpoenaed so that your own CFPB organization can inspect those documents to see that they have indeed been fraudulently altered and photo-shopped. Please also visit http://www.fedup99.com/following-barry-fagan/ to see that even Barry Fagan’s loan application was fraudulently prepared by Wells Fargo private banker Dalia Warren.
    Complaint history

    A Consumer Financial Protection Bureau specialist is reviewing your complaint and may contact you and Wells Fargo Bank NA to collect additional information. This could be a lengthy process, so we ask for your patience.

    Thank you,

    Consumer Financial Protection Bureau
    http://www.consumerfinance.gov
    (855) 411-CFPB (2372)

  46. Sorry but I don’t see much hope in CA , regardless of your case Judges have turned a blind eye here in the once Golden State.

    Best hope is fight in BK Court , stay out of State & Federal.

  47. Barry Fagan v Wells Fargo Bank re: Consumer Financial Protection Bureau Complaint

    http://www.fedup99.com/following-barry-fagan/

    Information about the company
    Wells Fargo Bank NA
    United States

    Wells Fargo Bank has fraudulently altered Barry Fagan’s Deed of Trust and the attached expert opinion dated 1/12/2012 from Forensic Document Examiner Dr. Laurie Hoeltzel specifically explains that the handwritten page 4 has been altered on two separate versions of that original Deed of Trust. Barry Fagan has recorded all 3 versions of the same deed of trust with the Los Angeles Registrar Recorders Office on November 29, 2011 as instrument no. 2011-1608398. The recorded Notice of Pendency of Action showing three different versions of that same July 9, 2007 Deed of Trust as originally recorded under instrument no. 2007-1622100. Judge Tarle, of The Superior Court of California, West District has taken Judicial Notice of that Recorded Document. Barry Fagan has submitted credible evidence from a forensic document examiner with over 20 years of experience that multiple fraudulent alterations have occurred on the “Handwritten Number page 4” which is located on page 3/4 of the Deed of Trust. All of the Deeds of Trust now reflect an entirely different handwritten NUMBER 4, and one of the exhibits also has a snake like line drawn on it, which is not present on the other two exhibits. C.P.A. Shawn P. Adamo stated: “It is my professional opinion that the altered deed of trust is concealing an irrevocable assignment, and explains why Wells Fargo is unable to produce loan level accounting concerning Mr. Fagan’s loan. Wells Fargo claims that any level of detail relating to Mr. Fagan’s mortgage is non- existent. As a result, CPA Shawn Adamo provided two expert opinions, (one an affidavit signed under penalty of perjury dated January 24, 2012 and the other is a Feb. 6, 2012 complaint letter sent to various regulatory agencies) from C.P.A Shawn Adamo explaining that Wells Fargo Bank has failed to provide a loan level balance sheet accounting and is concealing the fact that they do not own Barry Fagan’s loan. Additionally, forensic document Expert Dr. Laurie Hoeltzel has declared under penalty of perjury on January 2, 2012 that Wells Fargo Bank is robo-signing Discovery Responses by using multiple authors of the name Rhonda Bernard Thomas.(see attached declaration from Dr. Laurie Hoeltzel) I have also attached an affidavit from from forensic loan analyst/expert Javiar Taboas dated July 14, 2011 who is specifically stating that Wells Fargo securitized/sold Barry Fagan’s note and is fraudulently claiming continued ownership without any proof whatsoever.(See attached affidavit of Expert Javiar Taboas) Also attached is an illegally prepared Declaration of Default which is not actually signed by a natural person, but is signed by Wells Fargo Bank NA. This is a blatant California Civil Code Section 2923.5 and 2924 violation in that this illegally prepared document set in motion the entire illegal Non-Judicial Foreclosure. Also attached is a letter from Wells Fargo Bank dated December 5, 2011 and states that Wells Fargo Bank is reviewing Barry Fagan’s file and will respond on December 15, 2016 (THAT’S 5 YEARS FROM NOW!). Barry Fagan claims that this was a form of retaliatory contact. Wells Fargo is a criminal enterprise that is attempting to illegally foreclose on my primary residence by way of fraudulently altered documents, robo-signed discovery responses, invalid Declaration of Default, no loan level accounting and Barry Fagan’s loan file needs to be investigated at the highest level within your organization to see that a crime has actually occurred! The law offices of Kutak Rock LLP located in Irvine, California needs to have Barry Fagan’s NOTE and Deed of Trust subpoenaed so that your own CFPB organization can inspect those documents to see that they have indeed been fraudulently altered and photo-shopped. Please also visit http://www.fedup99.com/following-barry-fagan/ to see that even Barry Fagan’s loan application was fraudulently prepared by Wells Fargo private banker Dalia Warren.
    Complaint history

    A Consumer Financial Protection Bureau specialist is reviewing your complaint and may contact you and Wells Fargo Bank NA to collect additional information. This could be a lengthy process, so we ask for your patience.

    Thank you,

    Consumer Financial Protection Bureau
    http://www.consumerfinance.gov
    (855) 411-CFPB (2372)

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