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Demand an Administrative Hearing
Very few people have asked for a review of their wrongful foreclosures. Maybe it is because we are all war-weary from this constant barrage of illegal activity from the banks. But there are avenues to travel, whether your foreclosure is past, present or even future. While the OCC review process has some restrictions announced, it nonetheless allies to all foreclosures whether they like it or not. They are the regulatory agency for certain types of banks and servicers, just like OTS, and the Federal Reserve. If one of their chartered and regulated members commits an atrocity, the agency is required by law to do something about it.
And one more thing. The OCC should be setting up review panels and administrative hearing processes because you can be sure that homeowners are not going to agree with the “review” that is conducted by the bank that is accused of committing the error, which is what the “review process” is all about. Why not ask a rapist to investigate whether he did it or if she was just asking for it?
This stuff is not just made up out of my head. It comes from the Administrative Procedures Act and its likeness in the federal, state and even local systems where any government agency is involved.
So if you are alleging wrongdoing in ANY foreclosure — past, present or future — you should be making your allegations. What do you allege? That is where the COMBO product linked next to my picture comes in and there are other people who do similar work although it is true that the title companies are trying their best to obscure the searches for title information. Getting a loan specific title analysis and a loan specific securitization analysis should provide you with enough information to allege wrongful foreclosure. Getting a Forensic Analysis and loan level analysis might also be helpful in rounding out the allegations.
Here are just a few items to get you going:
- The debt wasn’t due
- The debt wasn’t due to the party who foreclosed
- The party who foreclosed misrepresented itself as the owner of the debt
- The debt was paid in full by insurance, credit default swaps or federal bailouts
- The monthly payment was paid by the servicer to the creditor (or the party they claim is the creditor) at the same time that the servicer was declaring a default to the borrower. If the creditor was getting paid, where is the default?
- The credit bid was submitted by a party who was not a creditor and therefore should have paid cash at the auction
- The auction was conducted by an employee or agent of the party seeking to foreclose
- Payments were improperly applied or were not applied
- Charges were illegal and unfair and were the reason for the foreclosure
- You were tricked into foreclosure by the pretender lender’s agent telling you had to skip payments before you could be considered for modification. (known in the industry as dual tracking)
- The “lender” failed to comply with Reg Z on rescission
- The loan violated TILA, RESPA
- The “lender” failed to comply with RESPA
Filed under: bubble, CDO, CORRUPTION, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud | Tagged: 60 minutes, administrative hearings, AHMSI, appraisal fraud, attorney general, auction fraud, Chris Koster, credit bids, DocX Indictment, Federal reserve, foreclosure fraud, FORECLOSURE SETTLEMENT, foreclosures, forgery, housing market, housing prices, investors, linda green, LPS, Missouri, mortgage fruad, mortgages, OCC, OTS, Robo-Signing, settlement, strategic default, Wells Fargo |
When I filed my case in the lower court, I had already a clue the lower courts are as corrupt as corrupt can get in my state, and from what I saw on the web most states. I did not even exspect justice in the lower court, I just went through the steps until I could go on to the Appeals court. Judge Pechman is the same judge in my city case, as my mortgage case. She absolutely had to see the fraud in my city case and this mortgage case, yet enable the corruption and fraud in both cases. I asked her four times to recuse herself. She refused. In my book and the laws I have read is against the law also. She should have recused herself without my asking and especially with my first request then the latter request. A judge in the state court is on record for stating I have proven my ex attorney to have breached his duty to me in color. He did it by fraud upon the court and manipulation of filing a fraud amended brief I refused to sign, slipped in papers with fax date proof at the top of the one i did sign and took out pages I approved and slipped in pages I refuse to approve. It cost me the case. Then he sat by silently allowing the fraud to happen to me. Allowed all my exhibits and my case removed from court without my knowledge. I was trusting him to be representing me. Not to be unwinding my case. Concealing the evidence and removing it, including the served summons and complaint filed October 9, 2006, the city had defaulted their answer to, then allowed the city to claim they had not been served until December 29, 2006. They removed my case, exhibits and all while in default and timebarred from defense. My ex attorney for my city case set me up for them to do it. I have absolute material fact proof I discovered after firing him.
I would give anything to have taken law! Melissa was correct. The judges in Washington State are not ruling by the rule of law. I trully believe if they were, there would hardly if not , be even one foreclosure in this state. So for her to ask the Question to the WA US. Supreme Court, does the rule of law still stand in the state of WA? Was right on appropriate. The second big question is MERS legal in this state was also appropriate. I understand we may not hear an answer until about September 2012.
After Mellissa Huelsman told me she would take my case as a mod fraud case, ( the same attorney on the BAINS V MERS) case in the U S Supreme court, and after siging the agreement with her and giving her my deposit and the sixth mod payment to put into her trust acct, she decided the judges were not judging by the rule of law, so I needed to do a Chapter 13, that it may be the only way at the time to save my home. So I paid additional money for that and begrugingly filled out all the paperwork.. Melissa wanted to wait until the notice came, but it did not come for over ten months, and I was not happy with no progress at all, and waiting for hell to come, instead of facing the mod fraud and the law suit the way I wanted to, so I filed Pro Se then changed to propria persona. I talked to her a few months ago and I agree with her. She says the situation is changing on a daily basis, and now she feels more comfortable to have a good chance winning my case now than two years ago. However now it is in the Appeals court now waiting for judgment. Bankruptcy is not what I wanted to do. I was pretty dead set against it, unless it became the only way to save the house. I saw the Appeals courts turning the cases around and I am driven to have justice unless all hope is gone. I have hope! Melissa and I did not see eye to eye either, however I feel we are a little closer to eye to eye now. I am pretty stubborn and determined to have justice! I belong to the tramatic lack of justice done group mentioned in one of these post by Neil. I am not a lay down and let the bus run over me person at all. The mayor of this town can verify that for me.
what did you file pro se
I filed Cease and Desist and several other records on county records with proof of fraud. And am in the Appeals court with them. Oh and notice of Lawful Seizen by me, due to many reasons including the fraud and adverse possession and recently added representation esttople and timebarred by the statutes of limitations six years for written contract, including mortgage and promissory notes, due to fraud at inception. So far so good. Not bragging yet! Praying a lot and many sleepless nights like the rest of us. The unapproved mod was done October 13, 2009.
I paid five months of mod payments then they unapproved me and I went to an attorney gave her almost nine thousand and nothing happened for almost a year after the FDCPA letter, so I filed pro se before they got a chance to try to foreclose.
you had to at least commence mod discussions-not be foreclosed
Not to sure you have to be foreclosed on already to do the review. Double check this out. You are suppose to fill it out even if you are in litigation. Which I am and have not been foreclosed on either. My sons has been unforeclosed and the threat of sale taken off the records and he is in litigation.
lOOK UP MARCI KUPTOR! She said to be squatters in our own homes, they dont have the paperwork. Problem a squatter that does not own the home, has more rights than the homeowner, being unlawfully evicted from their own home, at least in some States., Not all state law is the same. So it would may pay for homeowners to trade houses and squat in each others houses to save the homes. Something to investigate in each state. Especially after the unlawful eviction. Then fight to get the houses back and swap the houses again. Sounds crazy but worth investigating.
no not a cover up by the bk court———–the court ruled that the trustees must establish that tey were owners of the files based on loan schedules filed with SE etc ——–in that case 13 of 14 trutees that originally contested the destruction of files submitted proofs adequate to get the files—the last one did not —nevertheless that last bank trustee seems to be able to come up things out of the files that it was never allowed to have by the bk ct——-i cant figure out how though???-if it had the files in the 1st place–which it technicaly should not have, why did it fight to stop destruction? once it won the right to prove it owned the files–why did it not prove the ownership?
maybe its because no loan schedules were filed with SEC [fact]–so it could not prove ownership–so if it could not prove ownership and could not get the files –including “origina notes” how does it come up with them today to foreclose people?
In the State of Washington you are legally responsible for knowing whom you owe the debt to and whom you pay. If you pay the wrong party, you still owe the right party.
That is the UCC everywhere———the trick is if the frauder collection agency who claims to represent a bank or trust comes up with a REALLY good auto-pen forgery of the original note—-looks real—you pay –or deed in lieu–whatever—you try to satisfy the forged note–even get it marked “PAID” -not just “cancelled” which may mean you admit a deficiency is still owed——
but the note is just a really good foregery–that you must do ink analysis and electron microscope and other tests to verify—–that is why you need two things in addition to the supposed original–you need a detailed trail of custody of the document–not just bogus trail off UCC negotiations [worthless on a copy]——but an evidence trail to prove the original note
and this trail has to be guaranteed by a secure deep pocket outfit or with an insurance company performance bond–or its just another unenforceable lie–like the endorsements
in the end you must have any resolution absolutely iron clad guaranteed by a deep pocket by an iron clad indemnity –and even then beware its not by a break-away subsidiary —nor is the guarantee signed by a robosigner without authority to bind the deep pocket—–and that the deep pocket has in the guarantee waived defense that it is not subject to the jurisdiction of your courts–or that it waives immunity otherwise confered upon trustees etc
assume that everybody lies and misrepresents—you want to SEE a verfied representative of the bank sign your deal–your indemnity in the courtroom in front of the judge–anything else is potentially avoidable
even the attorneys dont get it—they are all still thinking that servicers attys and servicers dont lie–they dont think about what happens if 5 tears from now the noteholder shows up with a clean trail of custody and the certain original note and demands you settle up a 2nd time–and you look around and find the servicer went bankrupt–the bank says it never knew what the servicer was doing and the servicer robosigned without authority–you are left defenseless holding not the “paid” note but the proverbial “bag”
Here is a debt collector that chose to give up before the law suit. Letters and proof of fraud may get this done with out a law suit.
http://stopforeclosurefraud.com/2012/04/19/citimortgage-v-patello-nysc-plaintiff-bank-advised-the-defendant-no-need-to-hire-an-attorney-established-a-meritorious-defense-of-full-payment-and-no-default/
In the state of Washington it is a non judicial state. One of my customers at my day spa had an attorney write a letter to the fraudcloser and sent a letter afforded by the FDCPA. Claiming unlawful foreclosure and unlawful sale at auction and loss of equity. He should have and may have added unlawful siezer of property and embezzelment. However he has never brought a copy of the papers to me so I could read them to see just what the attorney did claim all together, He said it is as simple as I have claimed. Not to much to the letter. His house is worth over three million, and had a $22,000.00 monthly mortgage on it. In six weeks he had a recinded foreclosure and recinded sale at auction. He had been walked off the property by the sheriff. He has been back in his house for almost two years now. The debt collector eventually put the house back in my customers name and the property tax bill. He sit there wondering what to do next. Afraid to open a can of worms by motioning for quiet title or clear title. However back in his house without going to court so far. No ones been harrassing him. No other assignments on the county records.
You need to watch the statutes of limitations. And not wait to long to file a claim. fraud begins with discovery or weither the frauds can claim you should have known they were fruads. That is hard to prove you did not know when they were first begining to steal from you. According to the law as I see it, you are not to trust no one. So as soon as they begin to lie to you, you are suppose to figure it out. Especially if they are throwing you out of your house. That is the crooked claims I have come up against with my city case against the mayor. Gets messy. So watch the statutes of limitations and dont wait to late to do something. Hopefully the banks are having a harder time getting people to forge docs. Robo signers are paying for their bosses corruption. With all the exposure, a wood be robo signer would deserve a jail sentence, more than the past ones, whom may have been duped into it.
.
http://michigancitizen.com/bank-forges-signature-homeowner-gets-temporary-victory-p11072-1.htm
Sounds to me, that you would be one of the parties to sign up with Neil Garfields national firm to fight back with a group of pros. I believe Neil is doing this on a contingency. GARFIELD PROPOSES NATIONAL LAW FIRM FOR COUNTER-ATTACK
Editor’s Comment:
The most perplexing part of this mortgage mess has been the unwillingness of the legal community to take on the Banks. Besides the intimidation factor the primary source of resistance has been the lack of confidence that any money could be made, ESPECIALLY on contingency. If you were the lawyer in the case reported below, you would be getting a check for fees alone of over $1.2 million on a single case. And as this article and hundreds of others have reported, based upon objective surveys, most of the 5 million homes lost since 2007 were wrongful foreclosures.
So the inventory for lawyers is 5 million homes plus the next 5 million everyone is expecting. Let’s due some simple arithmetic: if 4 million homes were wrongfully foreclosed and the punitive damages were $1 million per house the total take would be $4 Billion with contingency fees at $1.6 Billion. If each house carried $200,000 in compensatory damages, then the total would be increased by $800 Million with Lawyers taking home $320 Million. These figures exceed personal injury and malpractice awards. Why is the legal profession ignoring this opportunity to do something right and make a fortune at the same time?
Right now I’m a little under the weather (open heart surgery) but that hasn’t stopped my associates from rolling out a plan for a national anti-foreclosure firm. I’m only doing this because nobody else will. If you have had a home wrongfully foreclosed or suspect that your current foreclosure is wrongful, write to NeilFGarfield@hotmail.com (remember the “F”) and ask for help. Lawyers and victims of wrongful foreclosures should be able to pool their resources to attack the massive foreclosure attack with a massive anti-foreclosure attack.
WOW! Sounds like a cover up! By the judge. Look up 18USC2 then 18USC3 and 18USC 4 and on. Concealment and blocking of fraud is prohibited. I have a similar order by a judge in my city case and their city attorneys. I have copies and they are going on to the appeals court and the prosecutors office. The judge also doctored the audio tapes and I fortunately had a witness in court on my behalf witness all this. She has a notarized declaration of the audio tape not being what the judge said at all. She told us she had not even read my brief nor bothered to look at my exhibits. Now on the audio it says I have read your case in full and even measured it with a tape measure and gone through every exhibit. There are corrupt judges. I sent in a motion for reconsideration, that she has refused to answer or judge or move on. So the documents are going on to the Appeals court.
The games the debt collectors play will shoot them in the foot and the hiny! Remember FDCPA letters are to debt collectors also. There were about five cases on the web recently I just posted a few articles back that were ajudicated for the homeowner due to non compliance with the FDCPA letter and CPA law. One was awarded over three million due to the judge being so angry at the criminals and their errogance.
The entire settlement and any future help can be considered a joke! We need to support our own fight against this crime. When Neil gets this National firm on the ground and even starting now, we need to support him with donations. Our government is obviously not going to be there for us. The unsophisticated, vulnerable consumers are trampled just like our rule of law, that is in place to protect us, along with our government officials that are in place to protect us, whom choose not to. Dont exspect help from them. The 228 trillion dollar heist in the stock market that is about to pop, should crumble them down to size soon. The criminals are all going to pull the rug out from under their own feet. We need to support Neil and his firm to help pull that rug. We are going to have to do this ourselves! without the help of the government!
dcbreidenbach, I agree with you. We need to play their game, so they can not say they tried to help and no one came forward. Just be careful not to mistakenly admit you owe a debt you do not owe. I believe you are telling the absolute truth that you do not owe it to the debt collectors attempting to collect these debts, not to any fault of our own., but the crooks crimes against us. I feel strong about the need to fill these out and do it right. For the same reasons dcgreidenbach states. If they attempt to make you state you owe the debt refuse to lie! You have no proof of whom owns this debt and you do not know whom you owe this debt too. The originator carefully concealed the owner of the debt. Tell them you do not have proof you owe this alleged debt to this debt collector attempting to collect this alleged debt. You need absolute proof of whom you do owe this debt to and cause I am disputing this the holder of due course, of a photo copy, and affidavit from a party of no interest nor whom has personal knowledge is inadequate. In the State of Washington you are legally responsible for knowing whom you owe the debt to and whom you pay. If you pay the wrong party, you still owe the right party. I am just a pro se, and this is what I have gathered and is not to be taken a legal advice. I am learning as I go too! So always try to get legal advice.
I am reconsidering filing the review, because if you don’t respond then you have no reason to complain Here is my story. We defaulted in Sept 2008, NOD was dated 12-3-08. We filed BK 3-31-09. First trustee sale date was 5-22-09 which of course was canceled. BK stay was lifted and new trustee sales date was 12-5-09, canceled and the auction date was then 1-8-10. Not sold at auction, reverted back to lender-Fannie Mae. We more or less let this f/c proceed because of 2 things: (1) our business of 13 yrs. closed because of the economy and what little money we had coming in could in no way make the mortgage payment unless we decided not to eat or have any utilities (2) what made sense at the time is our BK atty said you can’t make the payments so move on. So I openly admit we fell into the trap of doing nothing because it made sense eventhough I was questioning the f/c process. It was not until after we were foreclosed upon and out of the house that I found the fraud, conflict of interest, robosigned docs, lack of standing to f/c etc. I do this day do not know who owns the note because of the fraudulent docs, I have docs that listed the original lender with two different original lenders’ names.
So the questions I have now are should I send a QWR to the servicer Wells Fargo and exactly what should be asked of them? Since it has been over 2 1/2 years will they answer? Should I send with the review all the docs that I believe are fraudulent? So if anyone has any comments or suggestions, I thank you in advance.
the bankruptcy judge in his decision ordered that all documents be shredded. now i have worked the legal field. and i can not for the life of me believe that any judge would order for mortgage documents to be shredded
Iv seen it–the debtor bankrupt petitions the court to allow destruction of documents to reduce the debtors storage costs –if the trustees for trusts and/or a homeowner group representative jump in to demand distribution of thre mortgage loan files–including supsedly the original notes—then the files are destroyed–yes i defies ordinary legal process which is hold everything while litigation is pending—-the implications are far-reaching–you must become familiar with the originator/securitizer bankruptcy file [awful-huge docket] to tell what happened——–i think it could be described as some sort of interference with prosecution of justice but for the court role—-
@Laurie,
I haven’t lost my house, I’m not in CA and I don’t have WF but there are strangely similar things in my file, such as:
Original loender is also title insurer (2 different companies but same officers, founders, etc. Title company actually was created before the lending outfit…)
When I QWR’d the original lender, he said that he only kept documents 5 years. And when I contacted the title insurer to have my entire insurance underwriting file, I was told the same thing. I can’t put my hand on my policy… I still don’t know whether my $1,500 was put to use to issue a title policy.
So, I’m suing. Everything and everyone. Only way to have answer in this damn country of outlaws!!!
i forgot to add. im getting these documents together or should i say documents that wells fargo does not have, because i am going to partake in the indepant foreclosure review. hopefully this will build my case to present to the review.
i sent wachovia mortgage/wells fargo bank,na a qwr in december 3, 2011. finally in march in filed a complaint ith the occ. i finally heard from wells fargo who told me my qwr is denied. i was told that ny qwr does ot meet there standards for a qwr. i said really.i took HUD template to request the qwr.. word for word. i told wells fargo to send me the denial and then i will foward it on to HUD. because maybe HUD should change there template because its not acceptable to wells fargo. also my escrow/title company was financial title. financial title went bankrupt in 2008. when i asked for my documents from first american title, who took over for financial title, i was told that all documents were shredded that the only documents that were keept were my closing statement. i had first american title send me my my closing statement then i called california department of insurance and asked them how could this be. department of insurance asked me did financial handle both escrow and title. i told them yes. department of insurance told me to call back and request my documents one more time so i did. when i called back the person who answers questions for financial title told me that the bankruptcy judge in his decision ordered that all documents be shredded. now i have worked the legal field. and i can not for the life of me believe that any judge would order for mortgage documents to be shredded. i guess the department of insurance will have to look into this because they said certain document are keept for 5 years. has anyone else there in foreclosure land had this same problem with getting there documents from title and escrow companys. i guess the company would have to bankrupt????
sincerely
laurie mendoza
” i can always say (and prove if need be) that I tried everything. Absolutely everything.”
actually your request for review to occ of the 1st level informal appeal must state exactly what enraged said–thats admin law 101—so what is happening is that probably 90% do nothing–the 10% get raw deals—only 1/10 of them actually appeal correctly–and the math comes out pretty well for the banks–why i think the eal was a travesty and the dollars shoulfv gone to some sort of natl defense league
@mkd,
Do you have to renounce anything if you do send that request for review? Do you waive any rights? I don’t believe so. So, what do you have to lose?
I would send it, if only because, later, if I need to, i can always say (and prove if need be) that I tried everything. Absolutely everything. If you get a lousy result, it doesn’t matter. What matters is that you acted. You can’t control the outcome. You sure as hell can control your actions!
One thing is certain: if you try nothing, the result is absolutely garanteed: you’ll get nothing! You can’t know ahead of time what you’ll get if you try. Common sense.
if you dont send the occ piece in you will not be able to appeal their lack of action or their erroneous determination–you gotta play the game–or waive your rights –as a practical matter he relief will come in the occ review–or if the relief is attempted and a class is described of all who tried and failed you will be cut out–its a complex thing admin law——read exhaustion of administrative remedies–any wiki type thing
@ Shelley A. Erickson ,
Here’s the link to the derivatives info-graphic you mentioned … unbelievable … I want to think there’s a way out but I can’t make myself believe it.
http://www.zerohedge.com/news/mother-all-infographics-visualizing-americas-derivatives-universe
The following link is to an article about “squatting”
http://inthesetimes.com/article/13037/no_vacancies_squatters_move_in
I have my letter/paperwork for my OCC Review sitting in a file folder untouched/undone. Why??? Because my servicer who filed foreclosure is Wells Fargo Bank and it was reported on Mandelman Matters that Promontory Complicance were doing the review. One of their specialists who does the reviews said the whole thing was a joke, a total sham and the questions where set up so no harm could every be found. So why in the world would anyone want to submit the review when the cards are stacked against us? Errors on the mortgage, lack of standing, fraudulent paperwork means nothing if they arent going to look a what is presented and take it seriously. Does anyone have any good reasons to send that review in?
I will asking for the OCC review. Two of the homes on my street(there’s 10 in all) have been foreclosed on. In one instance the homeowner didn’t contest it. In the other case, my neighbor got a lawyer but a online check of activity in the case shows no discovery filings and just from the name of the plaintiff I’m sure the loan was securitized. Some people won’t fight, some people don’t know how to fight. I’m still fighting.
Well here goes trying the entire article.
Holy Crap | Game Over – The Mother Of All Infographics: Visualizing America’s Derivatives Universe
Posted by 4closureFraud on April 19, 2012 · 4 Comments
Derivatives: The Unregulated Global Casino for Banks
SHORT STORY: Pick something of value, make bets on the future value of “something”, add contract & you have a derivative.
Banks make massive profits on derivatives, and when the bubble bursts chances are the tax payer will end up with the bill.
LONG STORY: A derivative is a legal bet (contract) that derives its value from another asset, such as the future or current value of oil, government bonds or anything else. Ex- A derivative buys you the option (but not obligation) to buy oil in 6 months for today’s price/any agreed price, hoping that oil will cost more in future. (I’ll bet you it’ll cost more in 6 months). Derivative can also be used as insurance, betting that a loan will or won’t default before a given date. So its a big betting system, like a Casino, but instead of betting on cards and roulette, you bet on future values and performance of practically anything that holds value. The system is not regulated what-so-ever, and you can buy a derivative on an existing derivative.
Most large banks try to prevent smaller investors from gaining access to the derivative market on the basis of there being too much risk. Deriv. market has blown a galactic bubble, just like the real estate bubble or stock market bubble (that’s going on right now). Since there is literally no economist in the world that knows exactly how the derivative money flows or how the system works, while derivatives are traded in microseconds by computers, we really don’t know what will trigger the crash, or when it will happen, but considering the global financial crisis this system is in for tough times, that will be catastrophic for the world financial system since the 9 largest banks shown below hold a total of $228.72 trillion in Derivatives – Approximately 3 times the entire world economy. No government in world has money for this bailout.
Lets take a look at what banks have the biggest Derivative Exposures and what scandals they’ve been lately involved in.
Click to enlarge, if you dare…
Very wierd! I have tried four times to post an http about the 228 trillion dollar thin air casino heist that is not posting, that I was ranting about.
Maybe this should make me worry, however seems to me if the banksters and the government really take a crash, and eat dirt, the American people and the global population will be standing in their dust! Who is going to run the bank when it blows up into dust? There is not 228 trillion to cover this mess. Dont believe there is 228 trillion in gold anywhere. Whos going to be able to litigate against the mortgages? Whos going to be able to come after the mortgages? Dont think there is that much land value to cover 228 trillion. This was all a false con game. Not mortgage backed bids. I have more questions than answers today. Sometimes something really bad can turn to a good thing. Be nice it the banksters just implode themselves. Whom is going to be at the desk running the show when they emplode? Could be the last laugh is on them! Sorry just dont feel to scared about this. I have been wrong before, but this seems to be a possible good thing. Earth will still be here, the people are going to still be here. The buildings and properties will still be here, the banks may not be here. Just their empty structures. How many have bailed out so far today? Hope we can hang “FORECLOSED ON SIGNS ON ALL THE BIG BANKS.” Hope everyone has moved their money to the small banks that did not partisipate in this crime. .
Wonderful Mark Stopa. Hats off to you.
The stock market went to the moon and back to earth where there is gravity! The Mega Quake! Money does not disappear, just transfered or re distributed. Thin air has its boundaries and can crash! Perhaps it took this to make the dust settle and regain our ground. Litterally! Hope so! The banks are not making it.
Don’t be surprised to see the OCC and the banker men agree to a “settlement” or “consent order”; just like the AGs. LOL.
I hope the Agard case goes to the U.S. Supreme court. See this!
http://www.msfraud.org/ibanez-why-the-banks-fought-all-the-way-to-the-supreme-court-to-steal-this-house.html The battle is not won yet. and Yes it is not over just one house, small or large. It is the bigger picture. Lawlessness, and debt or rule of law and America
There is so much gaming the courts, by the attorneys and the judges! No surprize they were not granted the class action status either. Can that be appealed?
Enraged, that is exactly why I wanted opions. Glad to hear it depends on the attorney and their competitancy and honesty. Did not know Brachovich went class action. That is great! I have had several people ask me this is not a civil action law suit is it. I feel to many crooks have done this and taken advantage of the people. Not a lot of trust there. I have seen crooked attorneys and crooked judges too. Have to be very careful whom to trust. Even good attorneys and judges have a hard time against crooked ones. Look at what just happened to the Agard case., Posted here! A major set back. I hope the judge Grossman does something about this federal judge warring on the U.S. Constitution and the rule of law. A lot of people will not trust a class action lawsuit unless this is brought out. Just like ( and for good reason) no one trust the OCC review. I trully believe we need to file and be careful of the language used while filing it. And tell of the economic crime harming our incomes. The alleged debts and alleged defaults, not caused by us if they had been defaults, but by the economic crime of the financial institutions and deregulation and S&P fraud reports, black mailed appraisers to inflate housing values, etc. I sent mine in like a law suit claim, with exhibits including reports. I dont believe it is a waste of time. Perhaps nothing will come of it, however there has been some talk all the complaints sent in at least were taken into consideration with the settlement, as poor as that was, it was something. We may see something better and I pray we do the second time around. I totally exspect the banks to default on their settlement agreements. No incentive not to. The complaints and reports by us may ammount to something. Worth a try.
@Shelley,
Many have been filed. Few were granted class action certification by the court. But since all those possibilities of fight exist, it doesn’t hurt to use them all… until they are taken away from us. Then, we’ll see the guns being pulled. And the bloody dance will start…
dcbreidenbach. Yes I agree with you, it is better than nothing. I have told friends if you are just giving up and plan to do nothing a civil action law suit is good for you. Dont plan to change your mind. To many just walk away. Have not seen to much come out of the civil actions here lately. Come to think of it.. I know some were started.
@Shelley,
I would guard anyone against generalizations and sweeping statements of that kind.
Ask Erin Brokovich… her clients in the case that made her famous received ample compensation AND the culprits were punished (although not enough, since it has since been learned that they relapsed into their wrongdoing but that’s beside the point and it goes toward pattern: another case has been or will be shortly filed and they’ll be punished again).
Also: one has to decide what his/her motivations are. If you are just out to get individually compensated, class action makes no sense. If, on the other hand, you fight on the principle, then you’re not hanging onto your individual outcome. Lastly, it’s up to you to make sure you pick the lwfirm that will represent the class action. if you pick crooks, all the money goes to them. if you pick dedicated attorneys also fighting for the principle, you will walk away with adequate compensation: they will make sure of it.
Stop generalizing, epople. it is counterproductive and it stops you from acting.
Go Mark Stopa !!
We need more Marks in the world. (no pun)
There needs to a massive champaigne against lower court judges that war on the constitution and are obviously bought. I am doing my own warring.
Yeah its a lousy remedy as far as putting dollars in the pockets of indviduals–but its purpose is to punish bad conduct–where no govt action is taken——individuals cannot afford to take on constitutional issues that take years to grind out—-but the alternative to class actions is NO ACTION–no penalty—id rather see 100% go to the class action atty if it imposes adequate penalty on the banks to prevent future bad acts.
Another little pearl of wisdom from Mark Stopa. As i keep saying, the more banks wait to do the right thing, the more difficult it will become for them. the likelihood of banks being able to empannel a jury of 12 people who haven’t been touched, directly or indirectly, by foreclosure and gross abuse is becoming smaller and smaller with time.
Victory at a Foreclosure Trial
Posted on April 18th, 2012 by Mark Stopa
After four years of defending Florida homeowners from foreclosure, I had my first foreclosure trial today. That may seem hard to imagine, but that’s not terribly uncommon in foreclosure-world. Banks don’t want to go to trial, especially against a lawyer, and even when they do, I’d like to think I’m pretty good at procuring settlements or, when appropriate, filing bankruptcy. Combine dilatory plaintiffs with settlements and bankruptcy and trials aren’t terribly common.
Anyway … more than an hour into today’s trial, Bank of America’s lawyer realized it was unable to prove its case, so it voluntarily dismissed the lawsuit. And just like that, the case was over. My client won.
Notably, my client did not even retain me until this trial was already scheduled. Hence, despite not getting to defend the case like I normally would (filing all appropriate defenses from the outset), we were still able to win. Please let this be a lesson that it’s probably not too late to defend your case.
So what was the magic formula, you ask? What’s the secret for winning a foreclosure case at trial?
Come on, now. I’m willing to share information here, don’t get me wrong. I want to help homeowners understand their rights/defenses. But do you really think I’m going to let the bank lawyers know what they need to do to win at trial? I don’t think so.
Instead, I’ll leave it at this … if you’re a homeowner facing foreclosure, please realize it’s possible to settle a case or, if you can’t settle, to win at trial. Yes, win.
If you’re a bank lawyer, you better offer my clients a fair resolution. If you don’t, and you want to go forward with trial, you better be prepared for the possibility that you will lose at trial. In other words, if you want to go to trial against me, you better get your best grip, as I’ll be ready.
Spare me the standard party line of “my client won’t negotiate.” You better tell them they need to negotiate because you’re afraid you’ll lose at trial.
Let’s put it this way … right before trial, the bank’s lawyer approached me and said Bank of America wasn’t willing to offer anything in settlement. I retorted, “that’s okay, I think we’re going to win.” And win I did.
Maybe next time they’ll think differently about settlement.
Mark Stopa
Zure,
“Well, interracial marriage was “illegal” in the US for a long time. Slavery was written in to the Constitution. Both later and correctly found to be unconstitutional. MERS will also be found illegal. It’s only a matter of how long that will take and how corrupted the property records will have become by that point. And MERS will have to be tossed out by statute or by an appeals court (Supreme Court?) because the district judges are apparently on notice to ratify whatever MERS does regardless of MERS’ obvious conflicts with established law.”
You are absolutely right. But it took more than isolated individual action: it took mass action, such as riots, demonstration, even a war in some cases. Where are the riots? Where are the demonstrations? With 10 million people at risk of foreclosure, how come we haven’t been able to mobilize a million of them to march into Washington?
Action speaks much louder than words. All i see is blah blah blah in ites such as this one… Have you guys joined The 99 Declaration? OWS?
I submitted my OCC review of Chase Home Finance back in early December and received a confirmation of receipt about 10 days later, since then not squat.
About 10 days ago I mailed a follow up asking WTF (with a cc to the OCC) still crickets.
Seems even those of us who are aware and following procedures still get no action.
Has someone seen this from Mark Stopa? For all those FL homeowners, that is really interesting and might give a few a well-needed break!
The Zombie Files
Posted on April 16th, 2012 by Mark Stopa
Below is a well-written, informative article by Kim Miller of the Palm Beach Post, illustrating how 7,000 foreclosure cases lie dormant in Palm Beach County alone. Make sure you comment on Kim’s article, and be sure to let her know you particularly like the quotes from me.
The zombie files: Nearly 7,000 stagnating foreclosure cases lie dormant in Palm Beach County’s courts
Nearly 7,000 stagnating foreclosure cases lie dormant in Palm Beach County’s courts, creating a payment-free limbo for some homeowners but a stain of vacant and abandoned homes in deteriorating neighborhoods.
These sleeper files, which have remained inactive for a year or longer, date as far back as 1997, according to documents provided to The Palm Beach Post by the clerk of courts.
But most are from the early years of the housing crash when lenders feverishly sought to repossess homes, unaware that the frenetic pace would cause a second crisis based on faulty documents and unlawful corner-cutting.
While an unknown number of dormant files are mistakes, such as one party forgetting to request a dismissal after an agreement is reached, others remain open but unmoving because of homeowner bankruptcy, loan modification negotiations or bank neglect.
“I have no idea what’s going on and I’m not pushing it,” said Robert Feinson, a Jupiter resident whose case has sat idle since November 2010, more than two years after his lender initially filed for foreclosure against him. “Right now, we’re just waiting to see who is going to make the next move.”
The 6,927 zombie files make up about 17 percent of Palm Beach County’s 39,252 foreclosure cases.
The banks with the largest number of dormant cases include Bank of America (670), JPMorgan Chase (602) and Deutsche Bank (546).
After 10 months of inaction, a homeowner, or the court itself, can seek a dismissal of the foreclosure based on non-prosecution . If the bank fails to react within 60 days, the case can be thrown out and the bank forced to start over.
It’s a move Palm Beach County Chief Judge Peter Blanc said might begin in earnest this summer after a one-time bump in state funding allows him to hire additional judges to tackle foreclosures and get rid of “deadwood.”
The last court-initiated weeding-out occurred two years ago when Blanc received $640,000 to add judges, he said.
“There’s a whole variety of reasons why cases were dismissed, which is sort of consistent with how the practice was all over the place in the early years,” Blanc said.
The frustration over stalled and prolonged cases can be heard in Palm Beach County Judge John Hoy’s foreclosure court.
This month, Hoy waved a calendar at bank attorneys who had missed deadlines or sought to cancel foreclosure sales for reasons such as a failure to publish the auction announcement or belief that a loan modification was in the works.
Often the claim that a short sale or loan modification is pending comes after a final foreclosure judgment is made as banks backpedal on rulings.
“This is a 2009 case,” Hoy said to one lender attorney who was seeking an extension of time. “If you can’t take care of your old cases, don’t file new ones. ”
On another foreclosure, which was filed in January 2008, Hoy was equally nonplussed.
“There are 111 docket entries in this case and we’re still screwing around on a motion to dismiss?” he asked the attorneys. “What’s going on around here?”
When the lender’s attorney couldn’t produce an endorsed note proving ownership, Hoy dismissed the case.
“I kicked them back just now to January 2008,” said foreclosure defense attorney Malcolm Harrison after Hoy’s decision. “You’ll find a lot more errors on these older cases because they didn’t know what they were doing.”
Harrison hopes the “fatal flaw” in the bank’s case will force it to modify his client’s mortgage instead of refiling the foreclosure. The homeowners have been living in their Olympia home in Wellington without making a payment for about four years.
The reasons cases may be delayed are myriad, said Guy Cecala, publisher of the trade publication Inside Mortgage Finance. They include:
•Fear of flooding the market with distressed properties that will crash prices.
•Concern over getting a clear chain of title.
•Unwillingness to take on maintenance and liability for a property.
•Negotiating a loan modification or short sale.
•A homeowner files for bankruptcy, putting the case on hold.
•Problems with paperwork or how a previous law firm handled a file.
After the collapse of the Plantation-based Law Offices of David J. Stern in March 2011, about 100,000 foreclosure cases statewide needed to be transferred to new attorneys.
Tampa-area defense attorney Mark Stopa said he didn’t have a hearing or trial set by a bank on any of his foreclosure cases in a year.
Stopa said he was able to get between 30 and 40 cases dismissed in the past six months because of lack of prosecution.
“That’s something I love to take advantage of, and in years past, the courts would do it on their own,” he said. “It’s a good way to clear dockets that is favorable to homeowners.”
Feinson, the Jupiter homeowner, said he tried to get a loan modification after losing his business, but found himself dealing with a revolving door of lenders and servicers. His loan traveled from LIME Financial Services to La Salle Bank to Wilshire and finally to Bank of America, he said.
The last action on his case was an unsuccessful mediation in late 2010, just when the problems with robo-signing were revealed.
“We don’t know who has the mortgage and no one seems to have any answers,” Feinson said.
Forgotten foreclosures may see a reanimation of activity following the $25 billion settlement between the nation’s largest banks and the states’ attorneys general, Stopa said.
The agreement, announced in February, requires banks to modify more home loans and outlines a standardized way to process foreclosures.
Whether the settlement is good news for homeowner Kathryn Siddons, also of Jupiter, remains to be seen. Her home has been in foreclosure since 2008 with the last action on her file taken in the fall of 2010.
But she’s also been working on a loan modification, she said.
“We got a letter two years ago saying they couldn’t find our original note and we could work on other options,” Siddons said. “I just keep reapplying (for a loan modification). I’m afraid not to because then you’re just giving up.”
Mark Stopa
So the Agard decision, the great Grossman opinion against MERS, has been vacated. Don’t know if this has already been posted, but it is very disheartening.
http://www.mersinc.org/news/details.aspx?id=377
A District Court judge–the bad guys, as it is becoming more and more apparent to me–called Agard an “unconstitutional advisory opinion.”
“Any future challenges to MERS’ business model will have to be done without citing to Judge Grossman’s now vacated opinion, and users of the MERS® System can be assured that MERS’ authority as mortgagee remains valid throughout the United States.” Quote from MERS thug in the link above.
Well, interracial marriage was “illegal” in the US for a long time. Slavery was written in to the Constitution. Both later and correctly found to be unconstitutional. MERS will also be found illegal. It’s only a matter of how long that will take and how corrupted the property records will have become by that point. And MERS will have to be tossed out by statute or by an appeals court (Supreme Court?) because the district judges are apparently on notice to ratify whatever MERS does regardless of MERS’ obvious conflicts with established law.
Class action lawsuits, (just my opinion) are a joke. The attorneys get paid, yes, but the clients usually get thirty dollars! No joke. If they at least get their houses that would be ok. Neils plan is not a class action law suit, as far as I am guessing. He would not do that to us. The class action lawsuits help the party that did not join as far as case law and takes away any right from the party getting thirty dollars to file any future clalims, from what I gather. The class action law suits help the banksters. they get away with fraud, crime and murder for less and get off the hook for any future claims and for a small fee like the settlement fee. Just what I have gathered from the class action law suits. It would pay the banksters to pay an attorney to do a class action law suit to get off the hook for less and evade future law suits from the homeowners. Am I correct or wrong in my opinion? Would like comment on this. I have not heard good about mass joinder either, but open on that, since they could vary.
Neil, I recieved the title report again from your staff, but have not recieved the full combo report, that my computer tech unfortunately deleted from my computer. So sorry to have to ask for this again. I need the full deal sent, and they only re sent the title report so far. Thanks bunches Shelley.
I spent 35 years doing administrative law appeals in tax cases—the posting is exactly on point in all respects. although only 14 banking groups of affiliates signed up–the same pronciples must apply to using normal OCC machinery processes–or there is a denial of equal protection coupled with illegal seizures–
2nd all govt actions including the review process must be subject to appeals in the OCC –also normal machinery–or ese deprivation of 4th amendment procedural due process vilation in addition to 4th amendment substantive due process by illegal seizure of property without due process.
It is a sinand pity that the 25 billion was not used to fund defense attorneys to help home-owners get their fair remibursement–few –very few–normal state law attorneys are schooled in this stuff and the econimcs of $1000–2500 plus the shoert time fuse are not enough to allow a guy to get educated —market the opportunity to injured parties—and the reviewers would not send copies of the review materials to attorneys seeking to prepare last year. it was rigged –there was a due process violation of the whole program when they denied advance copies of the review forms to attorneys–failure to publish —-denial of due process right to competent counsel
There should be a natl class action for damages on these facts—where is a big class action firm when you need one—-
Seems like a lot of positive cases are coming in from the higher courts. Here is another one.http://stopforeclosurefraud.com/2012/04/19/2mm-sustained-objection-to-proof-of-claim-deutsche-bank-and-onewest/
Ok, your column has prompted me to resubmit my loan paperwork to the OCC. Perhaps my securitization audit, title report, and evidence of robo-signing was not enough???
How friggin’ hard do they have to make us work for this? It’s just ABSURD.
Then, likely I get a check for two grand at the end?
Does your combo audit come with an affidavit?
Do I need an attorney with me at the administrative hearing?
Because I can just see myself sitting there alone with a bunch of stuffy OCC people trying to defend my position when it should be obvious
just by glancing at the papers there is something terribly wrong.
It truly does wear one down. Especially since I’ve already done an administrative procedure with the notary affidavits of non-response and Final Notice of Default and other things.
We were evicted a year ago in CA.
Suggestions appreciated.
“If one of their chartered and regulated members commits an atrocity, the agency is required by law to do something about it.”
HA HA HA! Good one!
Atrocities have been committed non-stop for years and OCC has done … just about Jack shit (pardon my French. Sometimes, Neil, you seriously piss me off!) Under the circumstances, are you honestly asking why people don’t trust it?
There is a reason for this! [Win](not a misspelling) you fight back and show the proof you can [win]. The alleged financial institutes are a big fraud and they know it. The litigation must be getting tough for them. This is a big [WIN] for Americans.
http://stopforeclosurefraud.com/2012/04/19/citimortgage-v-patello-nysc-plaintiff-bank-advised-the-defendant-no-need-to-hire-an-attorney-established-a-meritorious-defense-of-full-payment-and-no-default/
I have some questions for anyone who may have some insight.
In AZ they have adopted the philosophy that the deed follows the note automatically. I have been reviewing several cases and it has been reasoned this way many times. AZ has also reasoned that the “note” is a negotiable instrument and that the DOT is security for the note.
AZ is a non judicial foreclosure state. Technically, they have a “trustee” sale. The trustee sale is an action to foreclose on the DOT, not the note.
I have found my originator in breach of contract and defaulted him. I thought this would be enough to stop the servicer. However, the servicer (through MERS) has issued a “assignment” on a defaulted originator. My servicer has stated that I had knowledge and agreed to MERS on my DOT. Which I can’t deny.
The agreement was between me and the originator however and was terminated when the originator went out of business. The originator has been out of business and a non MERs member for over 2 years.
Is anyone aware of any MERs violations or other violations that can be helpful? I know when the loan is transfered to a non-MERs member but what happens to a loan when the loan is recorded in a members name but the member does not renew their membership and they are no longer a MERs member. Is this a violation?
Crazy because the MERs VP is an empolyee of the servicer acting on behalf of the defaulted originator. If anyone has any ideas where to go from here please share!
Thank you!
The OCC would not do anything for me because my foreclosures were investment properties. My primary residence is in foreclosure but doesn’t qualify for a review because it hasn’t been foreclosed on.