Occupy Homes Protest Forces Delay of Sheriff Sale


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Occupy Homes Protest Forces Delay of Sheriff Sale
By Ty Moore

US Bank buckles under pressure, delaying sale of veteran John Vinje’s home until May 29th

After a week of escalating pressure demanding US Bank postpone the sheriff’s sale of John and Lucinda Vinje’s home, Occupy Homes won another 11th hour victory today. John Vinje led a contingent of 50 Occupy Homes MN supporters into the Hennepin County Sheriff’s Office Civil Division where the sale was to take place at 11:00am this morning.

Speeches, chants, and song filled the marbled hallways in the ground floor of city hall. No potential buyers were seen entering the courtroom the entire time, and just after 11:30am it was announced that US Bank had delayed the sale to May 29th. Following the victory, John said: “This shows that the power is now with the people, and not with large, monolithic corporations, like US Bank.

Homeowners throughout Minnesota facing foreclosure, facing sheriff’s sales, should get together with their community and demand a postponement and renegotiation. They should get connected with Occupy Homes because we can save homes throughout the state of Minnesota when we all work together.” Today’s action followed a week of escalating pressure on US Bank, including a national call-in campaign aimed to VP Tom Joyce, and a march on US Bank CEO Richard Davis’ mansion on April 7th. Ty Moore, an organizer with Occupy Homes explained: “We’ve got the banks scrambling already, but this fight is just beginning. John’s victory, following Monique and Bobby’s victories, is sending a message. Minnesota homeowners aren’t going to leave their homes quietly and in shame anymore. It’s the banks and CEOs like Richard Davis who should be ashamed!”

Occupy Homes MN achieved national media attention after winning Bobby Hull’s foreclosed home back after US Bank bought his property at a sheriff sale, and repeatedly delaying the eviction of Monique White, who also received her original mortgage through US Bank. John and Lucinda Vinje are among a growing number of homeowners joining together through Occupy Homes to fight back against the unjust and illegal banking practices behind the foreclosure crisis. John and Lucinda Vinje bought their home in 2008, the first house either of them had ever owned. John is an Air Force veteran now working as a security guard, and Lucinda has worked a government job for ten years.

But when financial difficulties caused them to fall behind on payments by just two months, US Bank refused their request to repay their arrears in installments and immediately began foreclosure proceedings. Meanwhile, Lucinda has been forced into “medical retirement” due to a chronic condition, adding financial strain on the family. If US Bank would renegotiate their mortgage to current market value as the Vinje’s request, they could afford the payments. After six months of delays, in March US Bank offered them a measly $97 less on their monthly payments. Both John and Lucinda have worked their entire lives, but now stand to lose the only home they have ever owned.


18 Responses

  1. yeah—lucky for you…

  2. “delay” is the operative word in the title…

  3. Enraged,
    yes, i got it. its under hall robert G. thanks.

  4. Does anyone know if stopforecosurefraud website is down. Haven’t been able to access for the last two days. I think it is the best source for breaking cases and relevant news – it’s not a forum for discussion posting or analysis though.

    I miss the days when Neil put up cases and analyzed them and even used to provide insight on strategies, why something worked with a judge and why something didn’t ect. Waiting for mainstream or govt or economists to “get it” has gone on for 7 years. Articles intended for that purpose are very important and must continue but they don’t save a house or a life.

    Homeowners are left to fight pitiful battles in court that they cannot afford even pro se. But if that is all we have it is all we have. We need to stay informed of actual cases and rulings and try to understand them. Paying attention to what judges cite – codes and cases in those rulings (right or wrong) and understanding how to use them or defeat them with other codes and cases seems critical .

    Just saying it is hopeless to try is not useful (and too many attorneys think that too and they are not analizing the cases either). Just feel the laws are there to be dug out – they need to be clearly articulated to a judge who cannot ignore it.

    If ignored there is record. History will judge the judges and the banker attorneys one day. Honestly think those who boldly stand up in court are providing a service to humanity whether in a position to afford an attorney or not. Too bad 99% cannot afford it and too bad the banker attorneys get away with using that inequality to their advantage. Nice that that the judge in that Wells case articulated it finally. It’s a drop in the bucket though.

  5. @Boots,

    My question was actually the proper one. Have you opened the link from my previous post? Scroll down that list of name and… TADA!!! There is Robert G Hall, OFFICIAL MERS ROBO SIGNER identified by Essex County Register. So, it appears to be one and the same: the “certified” MERS whatever are, in fact, what the rest of the world calls “robot signers.

    I have to run. Have a great day. 🙂

  6. Good one. I thought there was a settlement, specifically to prevent dual tracking, so that Kamala Harris wouldn’t have to lobby to stop the practice. Well, apparently not!

    Just stop paying the damn bank, will you? It’s getting really tiring…

    Lawmakers debate foreclosure bills
    Comments 1Share7

    California Atty. Gen. Kamala D. Harris testified at the state Capitol for a package of foreclosure relief bills. Above, Harris at a news conference in February. (Ben Margot / Associated Press / February 22, 2012)

    By Marc Lifsher

    April 16, 2012, 10:46 a.m.
    SACRAMENTO — A much-anticipated first vote on a package of bills aimed at helping homeowners stave off foreclosures didn’t happen as scheduled Monday.

    Action on a pair of bills sponsored by California Atty. Gen. Kamala D. Harris was postponed after Chairman Mike Eng (D-Monterey Park) of the Assembly Banking and Finance Committee asked that debate be postponed for a week.

    According to his office, the bills needed to be amended so a compromise could be reached during negotiations with consumer groups and mortgage bankers.

    “We want to make sure that we present the best bill possible,” said Eng. We want to get all the kinks worked out and hear from all the constituents who want to speak.”

    But backers of the bills speculated that Democratic leaders couldn’t muster the needed seven votes from their party members, especially those of business-friendly moderates.

    By not casting votes, the moderates could keep their heads down and not have to answer to their constituents, said Paul Leonard, the executive director of the Center for Responsible Lending.

    Harris told the committee she’s looking forward “to a robust hearing on these bills” next week. Her proposals, she said, are aimed at making sure that homeowners are not put on a so-called dual-track process that allows banks to continue a foreclosure process at the same time they are negotiating possible loan modifications.

    Harris spent much of the day lobbying Democrats on the bill.

    The two bills are supported by dozens of consumer, fair-lending and economic justice organizations. They are solidly opposed by mortgage bankers, bankers, credit unions and the financial industry

  7. Enraged,

    thank you for your prompt reply. what i mean a certified officers from different loan servicer approved by MERS as of February 2011? i can’t find it in MERS website. also, I want to find out if this so called VP of Bayview Loan Servicing, LLP by the name of Robert G. Hall is in fact, a certify resolution management system (CRMS) approved by mERS.

  8. What do you mean by “certifying signing officers? Are you looking for a robo-signer list like this one? (If yes, note that each state has its own. I believe there is an updated list nationwide but i can’t recall on which site it is).


    Or are you looking for the complete list of MERS members (totalling over 1000, if I recall, and available on MERS site)?

  9. We know a sell-out when we see one… Yep, people want to see handcuffs passed around, heads rolling and serious caging behind even more serious bars. Actually, people today want that more than anything else. And no one is delivering! Careers will be very short, this time around.

    Tuesday, April 17, 2012
    Unknown or Disliked: Eric Schneiderman At Negative Approval Rating in New York

    About a month ago, I met an extremely liberal and political couple from upstate New York. I asked the wife whether she likes New York Attorney General Eric Schneiderman, expecting to hear something along the lines of “Yeah he’s great” or something like that, the way that traditional partisans act. I had spent a bit of time at New York City Democratic events, and most people there respect Schneiderman because of his work getting that task force on financial fraud announced. I thought I’d hear something similar. Instead she said, “Oh is he the guy who is sending my husband scary letters about his nonprofit?”

    Schneiderman it turns out is involved in a jurisdictional dispute with Governor Andrew Cuomo over law enforcement around nonprofits, and is sending out what were probably innocuous but scary sounding letters to people with small nonprofits about governance. This couple was scared by that letter. And that’s all they know of Schneiderman.

    Eric Schneiderman has a few more years before he’s up for reelection, this is poll from March isn’t that big a deal. But for a blue state Attorney General in a blue state, this is not good news.

    “Both Comptroller Tom DiNapoli and Attorney General EricSchneiderman remain a mystery to more than half the voters. DiNapoli has 25-23 percent favorability rating with 52 percent having no opinion, and Schneiderman has a 21-23 percent favorability rating with 55 percent having no opinion,” Greenberg said. “However, when asked how Schneidermanand DiNapoli are doing in their jobs, voters are far more negative. Schneiderman has a negative 30-43 percent job performance rating, and DiNapoli‟s has a negative 26-45 percent rating.”

    The bottom line here is that voters don’t know anything about Schneiderman, but when pressed, they aren’t happy with him. And this isn’t an environmental constraint – New York Governor Andrew Cuomo is very popular. Even the state Assembly and state Senate are more popular than Schneiderman.

    Polling isn’t always a meaningful way to think about how a political official is doing, and this polling shows not that New Yorkers are deeply happy or deeply angry with Schneiderman, but that they just don’t know who he is and that because of that he hasn’t met expectations.

    This is a dramatic contrast to the last two AGs – Spitzer, who redefined the office with energy and brilliance, and Cuomo, who used it effectively as a stepping stone to the Governor’s mansion with savvy PR that masked his cover-up of Wall Street criminality. Those two were more prepared for this office than Schneiderman, so perhaps he’ll learn. We’ll see.

    Schneiderman’s main effort in office has been the mortgage settlement negotiation. While he’s done some reasonable things on that front, such as his intervention in the Bank of America/Bank of New York settlement, by and large his position at the State of the Union and the financial fraud task force has not panned out. The tip-off that the financial fraud task force wasn’t going well was that the extremely knowledgeable Congressman Brad Miller was passed over for the coordinating job. Now it turns out that the task force, after three months, has accomplished the grand feat of posting that job public.

    The basic calculation behind the deal was that relationships with the White House were valuable, he could get more resources to go after big banks, and that liberal organizing groups would rejoice. By one calculation, that seemed like a sweet spot, especially considering the need to support Obama’s reelection in 2012.. Politically, the support of those liberal groups didn’t really help – there was no penetration of the broad mass of the public, as the polling shows.

    The legal strategy hasn’t really worked out. Schneiderman has been in office for more than a year. There have been no handcuffs or indictments on anyone involved in the financial crisis or the foreclosure crisis. An attorney general that doesn’t indict or prosecute isn’t worth paying attention to – and so voters aren’t. Of course, this is just his first year. He can turn it around. Bill Clinton, after a disastrous initial Presidency, fired a lot of his staff in the White House and brought in a more seasoned, professional team that righted the ship.

    The New York Attorney General office is one of the most powerful offices in the entire country. Schneiderman is acting like legislator, but the job is more like a cop. The clients of the New York AG are the people of New York, not Moveon, not Barack Obama, and not Shaun Donovan. Schneiderman’s first year in office is over, and he has in fact not used power aggressively or creatively.

    Is this the kind of Attorney General he will be for the rest of his term? Is his political team up to the task of building power in a state where Cuomo is ready to knife him at any point? Are they able to generate the kind of public posture necessary to wage the high profile attacks on financial villains? Is this legal team adequate? In April of 2011, Schneiderman’s office issued subpoenas of the Baum law firm, the foreclosure mill later revealed as having employees dress up as homeless people for Halloween. The US Attorney Preet Bharara cut a deal with this same firm, a fine with no admission of wrongdoing. Schneiderman’s office recently concluded its actions… with a fine and no admission of wrongdoing.

    What would have been useful and dramatic was was handcuffs, what happened was pedestrian. It’s not, therefore surprising, that New Yorkers don’t know Schneiderman. Why should they? How is he relevant to their lives? Right now, he isn’t. If he wanted a different posture, he could recruit fearless prosecutors, reorganize his strategy and bring in more talent. The more likely possibility is continuation on his path, and if that happens, it will gradually become clear that he’s yet another transactional bureaucratic politician. That would be sad, especially after such a great start.

  10. Going, going, gone! Another who leaves effective immediately to pursue “other interests”

    April 17, 2012, 4:54 pm Investment Banking | Revolving Door

    UBS’s Bourkoff Resigns as Americas Head of Investment Banking

    UBS‘ head of investment banking for the Americas, Aryeh Bourkoff, has resigned to “pursue other opportunities,” the firm announced in an internal memorandum on Tuesday.

    According to the memo, which was reviewed by DealBook, Mr. Bourkoff’s resignation was effective immediately. He will be replaced on an interim basis by Steve Cummings, a former Wachovia executive whom UBS hired last year as chairman of the Americas investment banking division.

    The departure of Mr. Bourkoff, a longtime media veteran, comes amid a wave of executive changes at UBS and its investment bank. Among the most recent was the hiring last month of Andrea Orcel, the chairman of global banking and markets at Bank of America, as the Swiss firm’s co-head of investment banking.

    A 13-year veteran of the firm, Mr. Bourkoff began his career at UBS as an analyst covering technology, media and telecommunications. He switched over to the banking side in 2007, becoming the head of the firm’s telecom and media team and one of its most prominent deal-makers.

    He was named to Americas head of investment banking last year.

    A UBS spokesman confirmed the contents of the memo, but declined further comment.

    From: Carsten Kengeter and Bob McCann
    Announcement: IBD leadership change in the Americas

    Aryeh Bourkoff has resigned from UBS in order to pursue other opportunities. Effective immediately, Steve Cummings will serve as the interim Head of IBD Americas. He will report to Mathew Grounds and Simon Warshaw.

    Steve will directly lead all IBD teams in the Americas, and will work closely with his partners across the Group and the Americas Executive Committee to drive new advisory business activity and to strengthen existing relationships by leveraging our differentiated wealth management and global capabilities.

    We wish Aryeh well in his future endeavors and thank him for his contributions.

    Carsten and Bob

  11. is there a list of certifying signing officer under MERS Corporate Resolution Management System (CRMS) already in place? how could i access those certifying officers if they are indeed certified by MERS as notice to all members of mers on February 16, 2011? can you help me find the link? thank you for your help.

  12. @ Ian – perfect!

  13. Hello Neil- re: National Law Firm- I am wondering, have you come up with a name for your proposed National Law Firm? I have a suggestion, with a purpose behind it, that of confusing the banks’ attorneys at every turn, the same way the banks’ attorneys confuse us, by using similar sounding names, confusing titles, purposely misleading sentences, you know the routine…….
    You would name the firm “Hu, Watt, & Yassir, Foreclosure Defense Team”
    Here, we would have a typical phone call, whereby a foreclosure mill atty calls to speak with one of your esteemed colleagues…..

    Phone rings-
    Secretary(S)- “Good morning, law offices”
    Fclosure mill (F)-” yeah, my name’s Throckmorton, I’m with David T. Sperm fclosure mill here in Plantation, Florida, can I speak with your counsel of record in the M/Mrs. Ware proceedings?
    (S)- Hu.
    (F)- Huh?
    (S)- Not “huh”, sir, “Hu” sir.
    (F)- Who?
    (S)- That’s correct sir, Hu.
    (F)- How should I know who? I don’t work there, for Pete’s sake! Well then connect me to the co-counsel, whats-his-name?
    (S)- “Watt” is his name,sir.
    (F)- That’s what I just asked you, is there an echo around here, are you on speaker phone? Forget it, we have a depositon scheduled for tomorrow at 11 am, first one after the judge’s golf game, and- say, isn’t there ANYONE I can speak with?
    (S)- “Yassir”
    (F)- Why are you agreeing with me, can you hear me clearly?
    (S)- “Which case are you calling about, Mr Throckmorton?
    (F)- It’s Ware
    (S)- Well,it should be here, I would imagine-

    This could be used in infomercials and other ads at 3am on pay channels above 400. You could have ‘Pomp and Circumstance’ playing in the background……..
    Call my agent, Neil, I’ll put this together for you…..

  14. The fight is easy. STOP the MORTGAGE PAYMENTS . If 50 million or stopped theirs payments for one month , t may teach these dirty bastards
    who reside in congress not to promote legislations pass this legislations that favor the crocked bastards. It is now time to check the pockets of the Clinton administration, the Bush administration a few members of Congress namely Phil Graham plus those S.O.Bs that work for Freddie and Fannie

    The dirt is on the street .Make your vote count this time .

  15. When the people fight the power, it ain’t no contest!

  16. Score one for the home against the dirty bastards within US Bank.

  17. Jordana Lipscomb, your are wrong, Minnesota is a business as usual state. This blantant outrageous crimes is in every state by every bankster. Nothing abnormal about minnesota being any different than the corruption in all our states. We are all looking at the same crime from the same Cruise ship, and I mean cruise ship we could not all fit in a boat. We need an entire cruise line to place the victims in that are being defrauded by the con games of the banksters and foes entities. The hugest organized crime in history of our day and a repeat of history begining in the days of Ceasar. Every state is set up to debt collectors to collect uncollectable debts that are not owed them if they can con you and the courts. Written contracts including Mortgage contracts , including promissory notes are all set up to a statutes of limitations that differ in different states to be timebarred after five years in the State of Washington. two yearrs in some states and four years in some states. The entire debt collection set up I believe is to be able to steal our houses . By law if the contract was breached at inception by the bank not you as it turns out, we should (and I have ) be able to claim this alleged debt is timebarred your honor. I am not an attorney so check this out with an attorney in your state. The debt collection laws are suppose to be for everyone not just us. However the banks dont have to go by the rule of law because they can and they do go by the rule of big bank law. We are in front of their double barreled shot gun law. The rule of lawlessness.

  18. Minnesota is an odd state. It has credit and collections practices very favorable to creditors. It is also “ground zero” for Wells Fargo robosigning operations in Dakota and Hennepin Counties. Wells runs amok in this state. Foreclosure mills such as Reiter and Schiler operate fraudulent transfers of assignments and routinely sign and verify bogus pleadings and allegations. If anyone needs info on what’s happening there, I’m happy to share. Jordanalipscomb@gmail.com

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