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by L Dean
Pasadena TX – I believe that we all know the truth and it does not matter. We know the banks do not have the right to foreclose. I say we all share a little something about our States, our County Records since they are all public record. I believe if you have any common sense at all and I am going to say this to Judges in our Court System you need to go back and get a education about Law. You aren’t listening and you really don’t care. Especially if you are getting a nice little kick back from some of these banks to support their illegal, immoral actions. So all of you join me as I have set up a Username and Password for you to review the Texas Land Records and County Records. Please go to this website which is http://www.texasfile.com/search/
and when you get to the website, please type Username Foreclosure2616@gmail.com. Your Password is BankofNewYork.
Search records for Texas. When you get to the search page please type in Bank of New York. Several options of Bank of New York will populate. Click All. Enjoy the view.
Once you have completed that task I would like to share the Recontrust site with you. Please go to Recontrust.com. Go to Texas then select properties sold. This will list the February 7 Bank of America Foreclosures. Please notice that for all homes that were supposed to be sold on the Courthouse Lobby in Downtown Houston TX on that date some how were all sold to the beneficiary. Now last but not least may I take you to the Harris County Appraisal District at http://www.hcad.org and ask you to click Record Search.
Again, you will be able up at the top of the page to search by name.
Please type in Bank of New York and this will give you the houses Bank of New York inherited since January 2012 which appraisal values are still pending but Bank of New York appears to have gained about 585 homes. I say it is time to go to work and check out your Land and County Records, your Banks foreclosure websites and your Appraisal District to see what you find. Folks I think Bank of New York says it all.
These banks Bank of America, JP Morgan Chase, Wells Fargo, and others do not have legal right to foreclose on your property and our Courts and Judges are lazy and do not want to do their job. Quite frankly, All of them pay one another to get rich and do not give a damn about the people of the United States of America. Bank of New York is the biggest thief of them all and I assure you the Investors also need to be thrown under the jail and buried 6 feet under.
Oh and please check out the names of the so called Substitute Trustees and I will give you a few names to look at. Please group them together because they are the substitute trustees for the banks. Recontrust Jeff Leva, Audrey Lewis, Patricia Poston, and my favorites are Follis J ETAL, Kesler Rex Etal, Reder T Etal, Sanchez N Etal. Keep in mind while your are checking all of this out, this is just Harris County, TX. Texas is a big state. What about Grimes County, Chambers County, Montgomery County???? I am sure you will get the big picture when you review this information. Bank of America will be foreclosing on my home March 6, 2012. I have been instructed in a written Letter from Bank of America not to send anymore correspondence in writing regarding my property. The home was scheduled for foreclosure on October 2011, and will without fail be foreclosed on March 6, 2011 signed Janette Castillejos, Litigation Specialist II, Mortgage Resolution Team (MRT) Qualified Written Request (QWRS) & Small Claims Servicing with a enclosure from Bank of America’s attorney Blank & Rome which clearly states I owe the debt. Well when I closed on my house I had no idea 14 days later it would be sold on Wall Street under CWABS 2007-2 Asset Backed Certificates and pooled with a bunch of other mortgages with my loan being on page 41 and that one year later this pool would file a form 15d with the Security Exchange Commission stating that they no longer have enough investors in the pool to report to the SEC. Guess the pool was paid off by the Insurance that is described in the PSA (Pooling and Service Agreement) and somehow they managed to dig up assignments to the promissory note. Like I said, we have lost to a bunch of White Collar Criminals but that is OK, they are bankers, investors, Judges, who all pass around a buck to be corrupt and protect each others asses.

46 Responses

  1. You guys have stumbled upon a hidden clue that will significantly help you clear your title…Probate Attorneys and Judges. Do a little research. In fact, Neil had a letter on here from a Probate Attorney clerk who after helping the attorneys in her office clear the titles of probate homes that had been securitized, wrote a letter to her mortgage company and posted it here….telling them to F**k off and that she double dog dared them to come after her

  2. Leah Dean

    I make a mistake on a date and put January 23, 2012 and it should be January 23, 2007. Please forgive the error.

  3. L Dean
    I just wanted to come back and fill everybody in on my situation as I am doing as much as I can on my own but I am now sure I am going to need some legal guidance from here. Bank of America has decided for the 5th time to answer my Qualified Written Request through the assistance of their attorney’s Blank and Rome out of Pittsburgh, PA. From what I have researched, this is a pretty tough law firm protecting White Collar Crime. On May 15, 2012, I received a letter from Bank of America stating that they were going to once again look into the “Qualified Written Request” and they would get back with me. On May 19, 2012 I receive a package from BOA’s counselor stating that they would not answer if my loan was in a securitized trust because it went beyond that which is available through a qualified written request made under 12 U.S.C. § 2605 and this applied to several of the questions asked in the QWR. Furthermore, It stated that the holder of the note is Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Certificateholders of CWABS, Inc., Asset Backed Certificates series 2007-2 and you know how the rest spells out I am sure. But this particular counselor does produce some documents that were faxed over to him by Bank of America on 5/7/2012 for him to attach to his template letter. The documents included were the promissory note which I signed to America’s Wholesale Lender on January 23, 2012, a copy of the Deed of Trust to which MERS is listed as the nomineed and beneficary to it’s successors and assigns, the PUD rider, and the Adjustable Rate Rider. I come home on the 21 to find yet another package from same Law Firm but from a different attorney. Of course he is also responding to the Qualified Written Request and he is a little rude in the letter and refuses to provide anything but the Deed of Trust the PUD, and the Adjustable Rate Rider and states as well what I am asking was not considered a Qualified Written Request and goes above and beyond that which is available through a qualified written request made under 12 U.S.C. §2605 (“QWR”). In December I went to the Harris County Clerk’s office and I got a certified copy of the Deed of Trust and any endorsements/assignments that had been recorded in my land record from January 23, 2007 thru December 22, 2011. Of course, the only assignment was where Lennar Homes had signed over the home to me. So, I thumb through the documents of both packages to see what exactly was in each and the counselor who sent me the package from May 18, which was delivered May 19, had the promissory note attached which at first looked funny to me and after a second glance, it now as of May 7, 2012 had been robo-stamped by Bank of America with “Pay to the order of” Without recourse to Countrywide Home Loans, Inc dba America’s Wholesale Lender by: Michele Sjolander Executive Vice President. In the package that was mailed by the other attorney and documents faxed over to him by Bank of America on May 22, 2012 and mailed May 22, 2012 did not have a copy of the promissory note as that was declined for reason(s) stated above.
    Just to clarify, I stated I went to the Harris County Clerks office and received a certified copy of my records. On November 4, 2011, I received a letter from BOA which stated “We cannot provide you with the original mortgage note as it needs to be retained since it documents your obligation to make payments on your mortgage. In lieu of providing or allowing inspection of the original copy of the Note, we have enclosed herewith a true and correct copy of the original Adjustable Rate Note. This promissory note has no endorsements, no stamps, only my signature and nothing below the signature.

    I received the same copy of the note again in January of 2012. So this tells me that this stamp was placed on this promissory note somewhere between January 2012, and May, 2012. Texas Land Records and the Harris County Clerks office shows no sign of this stamp between May 1, 2012 and May 15, 2012. I have again been deceived by Bank of America. Also, I want to add that I for the life of me can not understand how America’s Wholesale Lender was the (ghost lender) on January 23, 2007, CWABS 2007-2 cut off date was February 1, 2007, and the close of the pool was February 28, 2012. So, my note was sold 7 business days after I closed on my home and it is now 5 years and 4 months later that a endorsement pops up on the promissory note. Furthermore, what happened to the 2nd lien? It is also a note that is under America’s Wholesale Lender. Bank of America’s counsel told me they do not have to reveal that information as it is a HELOC and I am not privy to such information and I am only fishing for documents. I see a great deal of issues with the promissory note to 2616 Mill Creek Dr., Pasadena TX 77503. Oh and may I also add that my son caught some people from Bank of America trying to look under our garage door. He did not know they were outside and when he went to get in his truck they stood up and it startled him and the two gentlemen. Everyone may I encourage you to hold strong, fight for your home. One thing I can say, I have fought for mine and the fight isn’t over yet. I am a American Citizen born and raised in the United States of America. I pay my taxes and I work hard every single day to earn a pay check. I am not going to let Bank of America and their attorney’s steal my home.

    God Bless each and every one of you who are going through the same thing I am and can’t afford a good attorney to help you fight your battle to protect the American Dream.

  4. LDean Pasadena TX to Marsha: Marsha I am still fighting foreclosure on my home here in Pasadena TX. I go into the county records faithfully to make sure that Bank of America, Bank of New York, and MERS do not try to do something to the record prior to foreclosure which is set for March 6, 2011. I don’t have much time. I just pulled up information under the CUSIP No. 12668NNA5 for CWABS 2007-2 Asset Backed Securities. I found infromation on the Fidelity Website under Corporate Bonds which states pay frequency Monthly Bond Type Corporate Pay Frequency Monthly,
    Analytics CWABS Inc 2007-2 SER 2007-2 CL 1-A 0.38400% 10/25/2035 1-A. Interest Accural Date 2/28/2007. Issue Date 2/27/2007. Current Factor 0.57438397 Current Factor Effective Date 1/25/2012 previous factor 0.57628893, previous factor effective date 12/27/2011. 2nd previous factor 0.57719893 2nd previous factor effective date 11/25/2011
    Tranche Type Senior Priority, Listed No, Moody’s Rating CAA3, S& P Rating CCC
    Call Protection Yes, Sinking Fund Protection Yes. What I got out of all of this since I really do not understand is my mortgage is a Corporate Bond. I am trying to build whatever case I can to save my home.

  5. LDean

    To Elizabeth & Chris I see you said the password did not work.
    Go to Foreclosure2616@gmail.com. Password BankOfNewYork
    and try it again. I just did and I got into the site just fine. Go to Harris County, I spent $200.00 last weekend searching Americas Wholesale Lender and too a look at the assignments. Oh my Robosigners everywhere. As recent as January 18, 2012. I called to speak with Stan Stanart the County Clerk Commissioner. His assistant called and spoke with me over the telephone and we had a nice conversation. I advised her that on March 6, 2012 when Recontrust does their “Substitute Trustee” Sale that there needs to be some Harris County Officials to be there to see exactly what is going on in these so called “Substitute Trustee” gatherings. It appears that recontrust is taking up all of the properties and being sold to “beneficiary”. Then when you go in at look at the Land and County records after foreclosures have been brought about on the properties, you will find that they are signed by robosigners, for example Mercedes Judillas – Assistant Secretary for MERS
    Cecelia Rosales Assistant Secretary for MERS, Youda Crain, Assistant Secretary for MERS, This also brings up the fact that notaries out of California are notarizing fraudulent signatures. Now we have so many Deeds of Trust that now have fraudulent assignments which has clouded the D/T even more. I will be doing more studying of the Texas Land Records and County Records tomorrow. You can not legally copy the documents but you can view them online. I am sorry the password did not work for everyone. Please try again.

  6. Frank,
    Bin Laden never attcked us, nor did he ever threaten to. Israel did, and blamed it on Arabs, just as they have always done. The attack on the USS Liberty (Operation Cyanide), the Lavon Affair (Operation Susannah) and the list goes on. They are the ones who pushed us into every war in the Middle East, and now they’re pushing us into a war with Iran while they and the US Gov materially supports terrorism against them and Syria in overthrowing those countries.

  7. @Marsha – an “original” note? Really? Did you have a jewelers loop in court with you? Get one. Look at the signature. Is it made up of dots or does the ink “flow”? A jewelers loop is all you need. Hand the jewelers loop to the judge. Let her/him look at it. S/He is now a witness. 🙂

    And in the same vein, what DID the judge see in your case? What WAS that smile about? S/He is now a witness. 🙂

    EVERYthing must go on the record. You have to challenge it in court WHEN IT HAPPENS. “I object!” When the banksters rummage around for copies to enter into the record. Put it on the record that you object to a RULING the judge made – “I’ll keep this for the record.” “I OBJECT!” when you are denied the right to inspect what they are presenting. “I OBJECT!” when plaintiff’s counsel enters a copy instead of the original.

    You MUST preserve the record for appeal!! On appeal, EVERYthing is decided on the record. If you don’t object, then you consent to what has taken place. YOU MUST OBJECT!

    If anyone here wants to learn more about the foreclosure process, please join the Anti Foreclosure Network. http://afnetwork.org. Strength in numbers, people. Strength in numbers. We are a national unincorporated association. With numbers we can lobby for legislation FOR US.

  8. I just learned that all court cases are also stamped with CUSIP numbers! They are making millions off our court cases, too!!

    It says it on this video and I have no reason not to believe it.

  9. Are you or someone you know facing FORECLOSURE?
    You have no doubt heard about the BIG banks working with Federal and State officials to offer compensation to many because of their foreclosure fraud. If so, I am here to warn you, beware of accepting their token offer. You are probably entitled to more…MUCH more.
    My name is Larry Niday. I am contacting you because I believe that you may be one of the many homeowners who have been victims of fraud by mortgage banks and lenders who have sued for foreclosures without the legal right to do so.
    And now these institutions are attempting to contain their losses by offering a deal for settlement, once again at the expense of the borrower. What they offer, however, is significantly less than what the injured parties may be entitled to, and once a homeowner has accepted the proposed deal they can no longer take action to recover what they may actually be due.
    Your home can be saved….. If you have completed or are facing a foreclosure I encourage you to take measures to prevent these illegal practices from continuing. You may be offered a settlement even after you have been foreclosed on.
    I assist foreclosure defense attorneys and homeowners in exposing mortgage fraud. A securitization audit provides factual evidence of fraud that has likely been committed against you. Our audits are the best in the business, with a proven record of winning cases at the Federal level. Often, an attorney is not needed as the bank does not want the case to go to trial with the evidence we can provide. Many banks simply dismiss the case.
    It is possible to end up with a house with NO mortgage balance.
    I am passionate about what I do and want to make sure that you are informed of your options to beat the banks at their own game. If you are interested, please contact me for more information and a free consultation.
    Sincerely,
    Larry Niday
    813-685-460
    http://www.auditpros.com
    foreclosurekiler@larryniday.com

  10. @ToddHess,

    I don’t get mad. I get even. 🙂

  11. Settlement structured to push through “delayed” foreclosures.

    The CEO from RealtyTrac says —- the recent foreclosure settlement between 49 state attorneys general and five of the nation’s largest lenders “sets forth clear guidelines for lenders and servicers to follow when foreclosing, which should allow them to push through some of the delayed foreclosures from last year.”

  12. Judges? Learn? Ha Ha Ha they think they know everything, so they don’t have anything to learn!!

  13. @ Todd

    The IRS is being mislead. The Felons are breaching the rules of the REMIC trust, where taxes are exempt for a period of time if the money is ACTUALLY placed in the trust. The banksters accountants have many times not put the money in the trust (lying, imagine that) and entering on their accounting sheets in other areas the funds, that were supposed to go into the trust, whereby, not paying taxes on it, Billions of dollars. And another point, MERS has skillfully done the same thing by circumventing the local deed and property offices and not paying taxes from transfers.

  14. @ Frank

    With all due respect, we need to enforce the laws we have and have better checks and balances of these fungus, not create more.

    It is a crime to commit Fraud on the court, forge signatures (claiming to be one person and are not), file fake documents at the deed office, etc…the list is long. These are Felonies. And aiding and abetting, enabling and concealing a felony, as most of the attorneys do, is an offense that one can be disbarred for. Very simple stuff. The $64,000 question is: why aren’t our lawmakers and judges follow ingthe rule of law?

  15. @ Elizabeth

    Correct; The password does not work.

  16. What role does the IRS play?Pass through system my ass.Please don’t get mad at me Enraged,just going through some stuff like I said I would and I’m serious.What is going on over there at the IRS?

  17. Don’t know if this PDF has been posted here before–probably has–but the FAS 140 stuff got me to thinking…so I’m probably re-posting this, but reading through it, it struck me as very easy-to-understand, straightforward, and definitely written for laymen without sacrificing substance:

    http://www.msfraud.org/foreclosuredefensehandbook.pdf

  18. Go Gretchen!!

    http://www.nytimes.com/2012/02/16/business/california-audit-finds-broad-irregularities-in-foreclosures.html?_r=1

    Audit Uncovers Extensive Flaws in Foreclosures

    By GRETCHEN MORGENSON
    Published: February 15, 2012

    An audit by San Francisco county officials of about 400 recent foreclosures there determined that almost all involved either legal violations or suspicious documentation, according to a report released Wednesday.

    Anecdotal evidence indicating foreclosure abuse has been plentiful since the mortgage boom turned to bust in 2008. But the detailed and comprehensive nature of the San Francisco findings suggest how pervasive foreclosure irregularities may be across the nation.

    The improprieties range from the basic — a failure to warn borrowers that they were in default on their loans as required by law — to the arcane. For example, transfers of many loans in the foreclosure files were made by entities that had no right to assign them and institutions took back properties in auctions even though they had not proved ownership.

    Commissioned by Phil Ting, the San Francisco assessor-recorder, the report examined files of properties subject to foreclosure sales in the county from January 2009 to November 2011. About 84 percent of the files contained what appear to be clear violations of law, it said, and fully two-thirds had at least four violations or irregularities.

    Kathleen Engel, a professor at Suffolk University Law School in Boston said: “If there were any lingering doubts about whether the problems with loan documents in foreclosures were isolated, this study puts the question to rest.”

    The report comes just days after the $26 billion settlement over foreclosure improprieties between five major banks and 49 state attorneys general, including California’s. Among other things, that settlement requires participating banks to reduce mortgage amounts outstanding on a wide array of loans and provide $1.5 billion in reparations for borrowers who were improperly removed from their homes.

    But the precise terms of the states’ deal have not yet been disclosed. As the San Francisco analysis points out, “the settlement does not resolve most of the issues this report identifies nor immunizes lenders and servicers from a host of potential liabilities.” For example, it is a felony to knowingly file false documents with any public office in California.

    In an interview late Tuesday, Mr. Ting said he would forward his findings and foreclosure files to the attorney general’s office and to local law enforcement officials. Kamala D. Harris, the California attorney general, announced a joint investigation into foreclosure abuses last December with the Nevada attorney general, Catherine Cortez Masto. The joint investigation spans both civil and criminal matters.

    The depth of the problem raises questions about whether at least some foreclosures should be considered void, Mr. Ting said. “We’re not saying that every consumer should not have been foreclosed on or every lender is a bad actor, but there are significant and troubling issues,” he said.

    California has been among the states hurt the most by the mortgage crisis. Because its laws, like those of 29 other states, do not require a judge to oversee foreclosures, the conduct of banks in the process is rarely scrutinized. Mr. Ting said his report was the first rigorous analysis of foreclosure improprieties in California and that it cast doubt on the validity of almost every foreclosure it examined.

    “Clearly, we need to set up a process where lenders are following every part of the law,” Mr. Ting said in the interview. “It is very apparent that the system is broken from many different vantage points.”

    The report, which was compiled by Aequitas Compliance Solutions, a mortgage regulatory compliance firm, did not identify specific banks involved in the irregularities. But among the legal violations uncovered in the analysis were cases where the loan servicer did not provide borrowers with a notice of default before beginning the eviction process; 8 percent of the audited foreclosures had that basic defect.

    In a significant number of cases — 85 percent — documents recording the transfer of a defaulted property to a new trustee were not filed properly or on time, the report found. And in 45 percent of the foreclosures, properties were sold at auction to entities improperly claiming to be the beneficiary of the deeds of trust. In other words, the report said, “a ‘stranger’ to the deed of trust,” gained ownership of the property; as a result, the sale may be invalid, it said.

    In 6 percent of cases, the same deed of trust to a property was assigned to two or more different entities, raising questions about which of them actually had the right to foreclose. Many of the foreclosures that were scrutinized showed gaps in the chain of title, the report said, indicating that written transfers from the original owner to the entity currently claiming to own the deed of trust have disappeared.

    Banks involved in buying and selling foreclosed properties appear to be aware of potential problems if gaps in the chain of title cloud a subsequent buyer’s ownership of the home. Lou Pizante, a partner at Aequitas who worked on the audit, pointed to documents that banks now require buyers to sign holding the institution harmless if questions arise about the validity of the foreclosure sale.

    The audit also raises serious questions about the accuracy of information recorded in the Mortgage Electronic Registry System, or MERS, which was set up in 1995 by Fannie Mae and Freddie Mac and major lenders. The report found that 58 percent of loans listed in the MERS database showed different owners than were reflected in other public documents like those filed with the county recorder’s office.

    The report contradicted the contentions of many banks that foreclosure improprieties did little harm because the borrowers were behind on their mortgages and should have been evicted anyway. “We can deduce from the public evidence,” the report noted, “that there are indeed legitimate victims in the mortgage crisis. Whether these homeowners are systematically being deprived of legal safeguards and due process rights is an important question.”

  19. Right, Frank. It’s going to get much worse…because the people who are “asleep” will slowly wake up to the fraud—and when they all realize the extent of the SCAM and subsequent COVER-UP—it’s going to get really ugly…and the banks know it…why else would they be buying prisons? And funding cops? They want the guys with the guns on their side…

  20. Huey:

    The assignments on a case I am working on showed up and were recorded five years after the alleged transaction took place. They had the original Note at the Court and the Judge just looked at and smiled. Okay, I will keep this for the record. The bank attorney would not allow that and rummaged around until they found a copy of which we never got to see. Did look at the original though a couple of days before they showed up in Court with it and it looked good, but now that we were able to come up with all of the samples of handwriting it is clear, that there are some issues. Now we are asking to look at the note all over again. Besides, it is missing one important item, the Allonge that was not attached.

    Thanks for that info on the securitized loan and the Note being destroyed.

  21. THE COURTS THINK THAT IF THEY KEEP LETTING THESE UNLAWFUL FORECLOSURE TO GO through it will end and the economy will get back going again .But they are 100% wrong. Thats not going to stop these white collar low lifes that will foreclose on their own mother stop doing what their doing to make their millions. The law makers have to pass some tuffer laws or we have to keep throwing the laws that are in place in their face or if that don’t work then get together and protest and that don’t work than we have to
    Start punching people in the face

  22. the password does not work for the Texas link has anyone tried to get in ?

  23. Under SEC laws, when a mortgage note becomes a security the note MUST be destroyed. This is the law. An asset cannot have both a note and a security attached to it at the same time, it’s called double dipping, and is illegal. SEC FAS140 Google it. So if your mortgage note we securitized, the note is NO more!!! So if someone shows up in court and says they have the original note (when that note has already been securitized and destroyed) they are in reality admitting guilt to the fraud! Because all they have is a forgery!

  24. L. Dean – I’d put up a hundred dollar bill that the assignments they ‘somehow managed to dig up’ – are forgeries. If you haven’t done forensics you might want to check out what Neil can do for you. Good Luck!

  25. SAME THING HAPPENED WHEN BIN LADEN ATTACKED US. HE SAID OVER AND OVER AGAIN THAT HE IS GOING TO DO SOMETHING BIG TO AMERICA I EVEN HAVE AN ARTICLE I SAVED. SOME AMERICAN PEOPLE JUST DON’T GET IT UNTIL IT HITS THEM RIGHT IN THE FACE.BUNCH OF LAZY FAT ASSES

  26. A judge’s allegiance appears to be to a foreign power or a secret society. They say they work in the interest of the State but they can’t or won’t tell you what the ‘state’ is.
    The State is the People, but most don’t know that because they never opened a real legal dictionary (not the watered down versions online). The People pulled into court are presumed to be there ‘representing’ the borrower that they called a ‘person’ on the paperwork, but most never opened a legal dictionary to see that play on words either. If they hired an attorney, forget it, they are represented and the Creator would never need the Creator to represent him anywhere.
    The Creator is everywhere and in everyone..that’s why it doesn’t make sense to hate another and worship God. You hate the God in the one you hate, and then say you love God…yeah…right…you don’t even know who you are, that the God in you loves the God in the one you hate even if by your own mind you chose to hate them. Yep, you don’t know…you think you are your mind or your body. You don’t know the true you, whether you are physical or spiritual. It’s okay.

    I just don’t have the time to open people’s eyes to that. If they don’t know….they ain’t going to know by now…there’s too many distractions. People talking about harming other people over physical possessions. If the other people was ‘out of their mind’ and trying to harm you…well yeah, you’d be justified, but to harm just to protect a ‘thing’, well that’s something I can’t judge so i won’t go there.
    Anyway, all men are created equal, so you’d wonder if there are men in that court. All men are endowed by their creator..you’d wonder if any of them have a spirit or are they ‘dead’.
    If the Creator in me is the same Creator in them, how can one judge over another some cause and claim to be higher or better when all are equal.
    If we aren’t equal, what is it that makes us unequal? If represented by an attorney, you aren’t equal because you need to be represented.
    If there in your corporeal, true form, then why is the other party not there? Why are they represented? By their own governing documents don’t One have a right to meet their accuser (and not their representative?)
    If the real party is not there, how can they proceed?
    Can their representative just speak for them or is that hearasay?
    If their representative is going to state this claim of loss of right or an injury or loss of property, wouldn’t their representative need to be sworn in and ‘testify under penalty of perjury’?
    I don’t practice law. I wouldn’t want to, but a lot of time is spent on the complex stuff, the who did what when where how and why but no one wants to look to see how they played a role in it by ‘not knowing’.
    I admit I was stupid. If I’d know the contract I signed was going to be attacked the way it was, I would not have signed it, but I would not know what I know and I know my rights and they were violated.
    Unalienable rights belong to the people. Inalienable rights belong to a person. A person can contract away their rights, but the people have rights that they can’t even contract away.
    They all sit there and know they are playing a game with words and as long as we don’t know that they are all saying…’don’t look, don’t say anything, treat this like a person, keep going until it’s all over and then we didn’t do anything wrong’, then the game can keep going.
    But we know now..we know we are not persons, and if someone played with a word and without full disclosure did some distorted classifications, well that’s their problem. The Free People can speak up and say we are Free People. Peaceful and alive. We have rights we can’t even contract away, is there anyone that can file an affidavit or testify that we aren’t free or we aren’t people? NO! Well I guess the status stands.
    Now who has the claim? They aren’t here? They are represented? Well if their representative is going to speak don’t they have to swear in? Do they have evidence they have a contract with the one they represent? How do we know they represent a valid client? Does their client know they are there being represented this day? Will they state this under oath and for the record? Are they willing to testify to the facts their client claims? If not official testimony isn’t it only hearsay?

    I have questions. I don’t have answers. I know nothing. Well I at least know that I know nothing. I can’t give legal advice.

    It’s not my job to crack open the Matrix. All I do is hope I can ‘reload’ it.

    I wish this poster well in their situation. I went through it and I believe I was given just enough knowledge to be aware of what was happening to me at the time; but not enough to stop it from happening because “I would not have learned” about the deception and how far and how deep the system was corrupted.

    Having had my home stolen, I know it’s still mine. I’ve been dispossessed from it, in a financial war on our soil. I was pleased to see the NDAA bill because it was US Citizens that did this to me. If any had expatriated and dispossessed me from my home on my own country’s land, then I expected a terrorist prosecution via Guantanamo to be in order for those that did this.

    I’ve been made a refugee of a war in my own country. I’ve been kicked off my land by a man with a weapon although he didn’t fire a shot. If I had a weapon I would be dead, so it’s best I didn’t have one to protect my land and my rights to be at my home. I’ve been kicked off my homeland; the land I inherited from the Creator. The land I worked for over 10 years and toiled and invested sweat equity and labor into it’s care and upkeep.

    There are two laws or bills in place to get rid of the perpetrators.
    I am waiting on the AG settlement. I hope AG’s aren’t immune from NDAA and if they are, then there is Guantanamo for treasonous acts against the free People. If the AGs negotiate with terrorist then they are terrorists, enemy combatants mixed in with the free People, the sovereigns within the territorial boundaries of the land they call the State of _______. If they help the terrorists steal the wealth of the sovereigns, then they are at war with the State constitution and the Federal Constitution for the united States.

    Judgment is at hand and I expect it to be swift and just.
    Anyone who violated a fudiciary duty to protect the estate of the people until we returned and they pilfered the assets while they were in charge of the administration should be considered violating some serious responsibilities and held accountable for it. Their duty to perform the administration of the trust should have superceded any oath public or private, allegiance scholar or secret, or foreign, they may have made to get access to the values of the estate of the People.
    Swift Justice from the real ‘Oath Keepers’ is needed, and the property removed from trust as the trustees have violated their fidiciary duties and plundered and pilfered the estates, and all accounts, papers, and values associated with the estates need to be confiscated and returned to the rightful owners and the perpetrators of the greatest financial crime in the history of Conscience should be removed and punished according to the contracts they made for the oaths they violated, and the severity of the values of the plundered wealth illegally and unlawfully confiscated.

    That be My Will, and I am the Creator within.
    My Will be Done.

    Trespass Unwanted, Corporeal, Life, a Free and Independent State, a People, Sovereign, In Jure Proprio, Jure Divino of the Creator within

  27. I interpreted the repurchase or substitution agreement provision to reflect when the loan had to be repurchased or substituted and in doing so, the Note was endorsed back over to the Depositor – Originator/Seller. Being so, they would also prepare and execute an assignment assigning it back from the Trustee to that Depositor or however they elected to return it to them, but the Note endorsement had to match the assignment. Since the whole boot and coboodle of originators could not really originate any loans and hold them in the tank for potential substitution of any loan request, that they had to hold these loans (they are not foreclosures, but may have various degrees of issues) in the Depositor holding tank.

    The trustee, in my opinion is tending to hold on to the Note so he can present it to the Court in case he has to show it. In the meantime, the loan servicers are now servicing loans that are now out allegedly out of the pool. Is that correct or does anyone know?

    Servicing rights are generally carried out by the master servicer but they are violating the rules just like the Trustee and probably had his instructions. Who knows? That note if repurchased is a note in transit back to the Depositor or may have been sold elsewhere. But they simply do not have replacements for those that are in default but not foreclosed or REO assets. My understanding that the Holder and the servicer control the loan until it goes one way or the other – either to foreclosure or it is replaced and sold in the market. Too bad, the credit crunch came, they had quite a game going. I have seen some of the cases whereby the Trustee claims to be the owner and holder of the note then after fighting it out and having to make documents available, the trustee suddenly becomes the Holder only.

    On those loans that were substituted, those had already been paid off to the investor, thus now free and clear, and would probably be sold in the market now because of the demise facing the trust funds. Need the general ledger don’t we so we can see what credits they have already taken to the posting of the loan while it sits in the holding tank of the Depositor without the note being endorsed back to them. It is my guess that, a lot of the loans have the Depositor as the creditor but are still showing the Trustee as the owner of the Note and Lien and/or the trustee changes his position to that of Holder and claiming themselves as such.once a person catches on. They have a good way here to manipulate what happens to that loan do they not? or am I wrong. I just don’t know enough about it, but I guess we are all learning.

    Can anyone comment about this with some accuracy?

  28. Iwantmynpv, are you simply saying they hold the note due to the fact that they never transferred them to the trusts? I don’t get your drift….

  29. iwantmynpv,

    Are you saying that the NA (trustee) is liable for TILA rescission and damages???

  30. mary

    Forget — the 15d is just allowed under deregulation meaning they no longer had to report ANYTHING — including any changes to the trust. They were, under an a law, not too long ago, supposed to submit foreclosures, payoffs, changes to the static pool, etc. and publish, but never saw this happen. .

  31. Question if anyone can answer:

    Why would there be a LLC, incorporated in Delaware, with a name identical to a securitized trust, but ends with LLC.

    The alleged trust filed 15d almost three years ago, but this trustee of this trust is trying to foreclose???

  32. iwantmynpv,

    Are you talking theoretical foreclosure rights?? I am not. I am talking TILA liability. “Hold” does not mean own and it does not mean creditor/lender. Holder is not my creditor as they legally acquired nothing. I am interested in my creditor/lender. I am not in foreclosure. I am not in default. I am not delinquent. I am not even EVER late — but, I have violations of the TILA. And, I have no creditor — for those TILA purposes. A “holder” is not relevant to me.

    If I have no identified creditor, I cannot assert TILA violations. While this is relevant to me, it is also relevant to foreclosure victims, because if I have no creditor, neither do you, and therefore, foreclosure is false.

    If security investors are my creditor, I need for a court to deem them so. So far, have never seen a court do so.

    REMICs are static funds. Any violation of the law (including TILA), then the loan must be repurchased by the originator or Depositor. Are security investors still my creditor? Of course, originators and Depositors are gone. So — who is my creditor? Not for foreclosure — but, for TILA violations?

    Separate it.

  33. Note to Neil:

    Everytime I write a message it goes to waiting moderation. I am simply trying to help any of those that need help as a temporary advocate for the people on call. WE do not compete with you or this site. Apologize if that is not acceptable and will refrain from visiting the site In fact, I have not been on it for over six months because things were going from bad to worse for the homeowners and they had no funds to defend themselves. These are consultation calls for advice. We do not do any legal work, only offer my help with loan servicing technique for those who need to call. I am not sure that I can take on any new work, but will try if necessary. Thank you.

  34. I felt like it was I who wrote that letter. A few little circumstances. We paid off all of our debt, and put almost 50k down to own a little piece of the Amercan nightmare. This was completely against the law. I would never apalied for a lower monthly pament had I known it would be the green flag for fraud, but then I would never have found out that my loved first home would’ve been gambled away on Wall Street. Fraud on origionation, appaisal fraud,so called Ratings agecy’s, creation of an illegal electronic registry and stawmen, force place insurance so a property can be paid for over and over again, the fraud upon investors and pension funds, the MBS’ sold to overseas inveastors(and we wonder why they hate us!). Fraud upon the courts an other elected officials. (Boy would I like to have a list of who in our Gov”T had MBS’ in their portflios!). The non settlement is a joke. The AG’s should be still in the investigation stage. An adut of the real solvency of these TBTF banks should be done and not done by an insider. The folks go already lost their homes, they should be given back to them. All of the above became irrelivent when they gave those loans a min #, because the fact is that they nullified the terms of the loan when they sold them on to Wall Street, began using MERS (bifurcating the chain of title, if they can even produce one), and clouding the title of 400 years of land records. Oh and creating unwanted insurance issues. This was systemic, controlled, they used the wire system, the U.S.P.S, So maany laws have been broken and where is the culpibilty for it? I’ll tell you where, on the back on the hard working taxpapers and homeowner’s. Shame on all involved. I hope you go to jail and join the boy scout Bernie. Whats the next bubble? My money’s on a second housing crisis when the American people remember what was done to them on Super Tues. and and in November. From the local level on up!!!!!!!

  35. @ anonymous – The NA holds the Note on all of them, private, fannie, freddie, all of em.

  36. Anonymous: I see you are still on the side of the people – great!

    The banks bought out those sorry little mortgage bankers and as I have always thought, controlling them. But either way, what is your thought? People are losing their homes and have been for many years, but the people have come up with nothing that has moved them forward. Every once in a while, some agency throws them a crumb and buys them out emotionally giving them false hope. Again, should they tackle the critters or just take another path?

    As always your input is appreciated.

  37. I am truly worried about this gentleman from Pasadena. He is a close neighbor, so I wish I could offer my assistance if he still needs it. Glad to see someone from Texas is speaking up. I do not believe in Unions, only a right to work, but here the homeowners of America need a Union, just like the banks have sort of their own protectors. Can you imagine, our taxpayer money going to their protectors – this is a never ending joke on the American people.

    The Mortgage BAnkers Association, The National Bankers Association. the American Bankers Association – please, and most of the non profits who are run by guess who – the banksters and the administrations. I am still wondering what Neighborworks, Hope Alliance and the Community for Responsible Lending is doing or supposedly did while the banksters brought America to its feet. It ain’t over yet my friend. The banksters are at the back door of the foreclosure mills selling out to the investors and if no takers, they special bid it themselves, while you take the hit.

    Just so you know, after going through the past five years as an advocate, you need to fire everyone in the TExas Legislature as most surely the rules did not work in favor of the homeowner once deregulation was past. In fact, it was the beginning of a real nightmare to come. The people in Harris County need to check the Court dockets and take a look at what is going on. I tried to give a hint of it under the other site regarding whether or not the Media could was going to do anything. I don’t think so, I know so.

    It is almost impossible to fight the good fight when you have absolutely no one on your side to help you through. This site is great for helping people to some extent to guide them; however, to get the work done needed to follow through on an actual suit – is not going to work.

    I have been thinking about helping anyone in Texas that needs some help – while I continue to fight my own raging battle here in Houston.
    If I do, I will put the notice back in the Houston Chronicle and on the TV stations. No charge for the service as long as my health holds up, I will do what I can. You may have to do your own leg work and get title and securitization from a provider.

    Thanks to the guy from Pasadena – need those town hall meetings in Harris County just to let the people know what is not being done by our politcians and judges and guess what, they need to start looking elsewhere for another job. They know the people will do nothing and most certainly are not worried. I have explained the long and arduous fight which so many people have undertaken to defend themselves and people need to know the lengths the bankster go to so they can end up with your house without a fair and level playing field. If you are in default, hey, think about that and make a good analysis of why you are in default and then, make your decision from that. If you are not compassionate about taking them on individually or perhaps with the help of volunteers, think about whether or not it is good for you and your family overall. There is always tomorrow.

    While the politicians are gathering them together, for political speeches, we need to get the victimized homeowners together for peaceful meetings of mind . Getting hostile is defnitely not the answer or failing to control one’s self is not the answer. Most think it is too late, maybe so, but the people have the power to vote and my friend, that is perfect timing for what we need to accomplish.and come up with a plan. The banks have been laughing at us for the past five years, every since the deregulation came down the pike.

    Our message, to the banks and the politicians and everyone else that has demonstrated they will not protect the interest of the people – adios..

  38. Enraged,

    Nice post. I agree.

  39. The banks are not, largely, foreclosing, at least not in a “lending” bank name, the security investors are foreclosing. Somehow, courts got in their head that a trustee is a bank, just because it has NA after it’s name. While NA may mean a bank (in limited capacity), it is not a “lending” bank when it is only acting in a trustee fiduciary capacity.

    Or, are the banks foreclosing because they really own the collection rights? Or, are acting on behalf of the party that owns the collection rights?. . Anyone, you or I included , can hire a servicer, ANYONE. And, we can hire a fiduciary trustee.

    That is the problem, no one knows WHO is foreclosing. No one knows what collection rights were purchased for – and, at what discount. And, no one is demanding that the creditor be identified. Despite that the law requires it.

    Security investors put up the money, according to some. I say no funding involved in subprime (collection rights). But, if security investors did directly lend me money, and are, therefore my creditor (or assignee), I want to be able to sue them — under the law — as my “creditor.” I just need to know who they are.

    Settlement does not allow, in violation of the law. Ever wonder why it took so long, from the onset?? So SOL passes. Bulk of the fraud from 2004 to early 2008 (although continued after this – and continues today — but not in the same bulk). SOL — long gone, while AGs were chatting – with no investigation. .

  40. @John Gault,

    Actually, I was thinking a little along your lines a few days ago. What we’re going through is really, really tough for many of us. But when we’ve gotten to the other side, no one, and i mean no one will be able to ever screw us again!

    Valuable education we might never have gotten otherwise! And we’ll have something to pass on to our kids. Something much better than a house or an inheritance. Think about it: those ultrarich Romneys and Gingrich wouldn’t know jack, but for their connections. Take away the money and you take away the connections. I can guarantee you that they would be in a much worse position than us.

    And you know what the kicker is? It’s gona happen. To them! 🙂

  41. The OCC ordered them to have a single point contact for each and every borrower. Call and demand to speak to yours. They cannot tell you to stop contacting them. Then call the OCC and report them. We need to send everything in writing to the thieves because we have to protect ourselves from their lies. I sent at least 1,000 e-mails to Brian Moyihan and Barbara Desoer and they won’t even respond to tell me to stop e-mailing them. I really do not know how all these people sleep at night or look at themselves in the mirror. Our country is a mess and the only reason they are pretending to do anything is because of the presidential election. Keep fighting!

  42. @l dean, author of this post – as I have said and actually done, if I thought I were being wrongfully foreclosed on, I would file a notice on my property with the recorder citing and preserving my ‘issues’.
    I see no connection between the title and the substance of this post.
    While I believe wholeheartedly that many judges start at and find value for some reason in the banksters’ favor (revealing a messed up bent) “you’re in default and you’re getting treated accordingly”, I don’t think many if any of them are in cahoots with banksters or getting kick backs.
    Having said that, believe me, I have read and experienced enough to have had the proposition cross my mind. But it does no good to make those blind, raging accusations here or anywhere. The only thing which will do any good is being able to stand on the law , including those mol seemingly innocuous little things, and learning how to appeal ridiculous rulings. That takes work and cases take strategy.
    This need of ours is of course crap. No one should need this sort of
    education to defend a home. The other side of the coin is that some of us, a few anyway, have benefitted by the banksters’ ‘activity’ when the bankster can’t prove who owes our loan, and at least at one time, we owed SOMEone. Don’t get me wrong – it should be and is the real rule of law, that strangers can’t take -read steal- things, and courts have an obligation to see that that doesn’t happen which isn’t being
    upheld imo, but not because the judges are criminals; it’s a bad bent
    of theirs along the lines of whowazits “equity abhors a forfeiture’ thinking.
    I found l dean’s info interesting for those who think whatever is shown at the sites he references can be helpful to them. And sorry to hear of another upcoming and probably bogus loss. But saying that judges are corrupt generally is wrong and not useful imo. If you want to know who your judge is, get off your tail and go sit in his courtroom for some other contested matters. Or read his decisions on pacer.

  43. Thanks L Dean – that was very illuminating; created my own account to explore some more . . .

  44. @Carie,

    I’ve been wondering that exact same thing… Actually, when a judge here got foreclosed on by Chase because he had requested a modification, had been told that he didn’t qualify because he wasn’t behind, had been advised by Chase to stop paying for a couple a months and had (naively…?) complied, I thought to myself: “Self, we’re finally seeing the light at the end of that damn tunnel. If judges are getting foreclosed on, banks have seen their hay days.” It made front page of every newspaper in the country and then, it died off, never to be heard of again.

    Well, that in-famous judge must have gotten himself a heck of a good settlement!!! With apologies, I’m sure. Funny, though: he was a probate judge. Nothing to do with foreclosures. I wonder what they do with civil court judges who have difficulties with paying their mortgages… There have to be a few out there. Where are they?

  45. I wish to GOD these judges would start getting foreclosed on—what do they do behind closed doors to modify or refinance their fake mortgages??? Does anybody out there know a judge personally?

  46. No surprises here. The insurance seems to be the hook and we are all dancing around it. Many of these defaults were paid and the money did not go to the person who has “insurable interests” the investor…the very core of that insurance contract. It matters! The insurance is always to make the “party” whole, not the originator, servicer, or the assignee.

    We also do not have funding of the loan, another very important piece, before trusts…

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