Deny and Discover: Delaying Tactic or Going for WINNING

You can consider this an open letter to Bar Associations across the country who are accrediting Seminars for CLE credits. From what I have seen (by attending by myself), listened to (ordering the CD or DVD), and heard from dozens of lawyers attending other seminars regarding foreclosure defense, there is only one point of view that is being presented: the best you can do is to delay the proceedings and put off the “inevitable.” This is absurd.

There are three possible written instruments that might be “evidence of the loan” (i.e. the obligation to repay:

  1. The closing agent’s instructions from the wire transfer receipt together with the written memo
  2. The bond received by the creditor not signed by the borrower
  3. The note possible signed by the borrower but refers to a monetary transaction that occurred between parties other than those named on the note

There is no doubt that neither the wire transfer instructions nor the bogus mortgage bond creates no lien and there is no”equitable lien” allowed in any state in the union as far as I know.

That leaves the note, in which the creditor is not identified and the terms of repayment (bond indenture) differ substantially from the note signed by the borrower. Why is it so hard to believe that these loans were botched and considering the source, they must have been botched intentionally for specific reason that I say amounts to fraud, a PONZI scheme, securities fraud, and over payment of the note potentially before the note was formerly issued by the borrower.

There is enough material in mainstream media and the public domain including decisions and opinions from trial courts, bankruptcy courts and appellate courts that the Bar associations and/or the presenters are ignoring the fact that there is at the very least a question about the mortgages and notes, and most probably a plausible attack on the perfection of the lien, the validity of the note and the status of the loan and any claimed defaults.

Bankruptcy lawyers are refusing to place the home on the schedule as an unsecured asset. This has occurred even in cases where the client states flatly that they never signed the deed of trust and that there is no such thing as an equitable lien.

Practically all lawyers start out with the premise that the obligation, note and mortgage (deed of trust) can be interchangeably used because the client did in fact receive the benefits of a loan and stopped paying the scheduled payments set forth in the note, which in nearly every case raises issues of fact that are insurmountable by the would-be foreclosers who neither funded nor purchased the loan.

If the obligation, note and mortgage could actually be used interchangeably (contrary to law in every state and federal court) then we would be acknowledging as fact something that is (a) not a fact and (b) untrue. think about it: why would all three terms be used for the same thing unless there WAS a difference?

And to make matters worse, the VERY lucrative cause of action for wrongful foreclosure is either handled dismissively or not mentioned at all when the facts point strongly toward the probability that the default notice was invalid, the foreclosure action was fraudulent, and the “credit bid” was accepted without any proof of claim by the “creditor.” All the training of lawyers goes out the window because they are assuming the validity of the loan documents and that their clients are in default — and thus assuming they are in the business of delaying the “inevitable.”

So I have switched strategies and I am forming alliances with lawyers and law firms that may be ripe for consolidation with the Garfield Firm at some time, but in the meanwhile they will get the guidance and strategic planing that I offer and some other lawyers have been using for years. Those lawyers understand that the client’s objective or expectation of “winning”the case on the first motion or two is unrealistic. Lawyers who are winning hearings using Deny and Discover or some version thereof understand that the objective is to get to the next hearing, survive motion practice and get the case moved onto the trial docket.

Once the case is on the trial docket the Judge will have no choice but to rule on your discovery requests and if you limit discovery to the case at hand, instead of vague allegations of conspiracy theory, the Judge has virtually no discretion in allowing the discovery and requiring the opposition to put up or shut up.

Once that order is entered, assuming you have asked for answers to appropriate questions and production of appropriate documents, the case is as good as settled with deep discounts on the “principal” due because there is no principal or interest due to the foreclosure stemming from the fact that the forecloser is not a creditor, is claiming ownership of a note that does not contain the identity of the creditor, and is not congruent with the terms of repayment from the group of creditors whose money was used to fund loans, purchase insurance, credit default swaps, and claims to the federal government for bailout or buyout.

As one lawyer said to a Judge who was clearly about to rubber stamp another foreclosure “Judge if you gave me a loan would you want YOUR name on the note and mortgage or someone else’s?”

These people in the claimed securitization chain didn’t do the right thing with the origination documents and assignments because they were dumping false, forged, fake paper all over unenforceable loan documents. If you are annoyed Judge don’t shoot the messenger. The borrower did not create the documents at closing and in fact didn’t even understand them. And the summaries required under Federal law were intentionally misleading.

All of these factors are routinely ignored by Bar accredited CLE courses, which is to say that Bar associations are allowing credits for seminars that leave out the entire dispute that is rampant across the country.

Nevada’s foreclosures dropped 71% simply because they passed a law that said there must be a settlement conference before the foreclosure can proceed — and at that settlement conference, there must be a person who is fully authorized to satisfy or alter the terms of the loan shown in the origination documents.

The simple truth is that no such person exists because the origination documents were invalid and unenforceable. So the forecloser walks away and leaves the home in limbo. The lawyer should be filing a quiet title action and wrongful foreclosure action against the law firm and the forecloser, but in nearly all cases refuses to do so or even advise the client of that opportunity.

Bar seminars are disseminating the wrong information, the wrong law, the wrong arguments and the wrong strategies. This is nothing short of bizarre. We already know about robo-signing, forgery, fabrication and dual tracking. We already know that the loan modification proposal is NOT being considered as required under HAMP and HARP because those proposals offer terms that vastly improve mitigation of damages over the proceeds of foreclosure. We already know that every agency regulating the banks administratively or through law enforcement has come to the conclusion that the participants in the securitization chain are simplifying about the status of the loan, the amount due and the identity of the creditor — even when they identify a “pool”into which the loan was assigned because, in simple terms, the assignment was never given, and in the few cases where an assignment pops up we already know it is a fabricated, forged, fraudulent documents requiring perjury to “authenticate” it.

Even the creditors cited by the foreclosers deny that the note and mortgage are enforceable, which is why they are suing the investment banks daily, and why the insurers, guarantors and agencies are suing the investment banks. The plain truth is that the money was diverted WAY from the REMIC and the origination documented were diverted AWAY from the REMIC. We know the terms of repayment on the note do not conform to the terms of repayment on the bond the investors received.

Just what part of Deny and Discover are you saying you can’t use? Why are you admitting that the obligation was documented with a note or bond? The only valid written item is the wire transfer instructions from which you will often be able to determine from the instructions to the closing agent, the source of funds and whose loan is it anyway. Why are you admitting the liability to forecloser? Why are you admitting the default?  And why do you complain when you lose after admitting or allowing without objection the loan documents and affidavits from the false creditor?

I mean for this article to be sent to every bar association to the CLE departments and to the committees on real property law, administrative law, business law, contracts etc.

Please help out and see that your Bar association in your state gets it along with any other comments you wish to make. The answer will be that the Bar is not endorsing one position or another when it grants CLE credits. But it is and when they approve CLE credits to seminars where the broader view of the entire transaction is not discussed, they are tacitly agreeing with the banks and servicers.

Consult with Neil F Garfield for One Hour WITH a Licensed Attorney on the Line

The consult frequently goes over one hour without charge and points the lawyer and client in the right direction with specificity. It helps if you have had the COMBO title and securitization report done either by us or someone else.

COMBO Title and Securitization Search

163 Responses

  1. Thx enraged
    Understood. But to censor is what they did to assange. If Neil censors individuals then it’s a cross purpose of what this site is about
    Ya know express don’t repress.. But yes if it clogs up the site not cool. Hence my blogg activity increased I was trying to help get us back on track how to survive the court ” system”

  2. Deb,

    I don’t hate anyone. I simply resent immature and bad behavior. Since it does not describe you in any way, I would have no reason to call you any name.

  3. Enraged
    i know its hard not hate “them”and their enablers, for what they did to our lives,they raped our lives- im dealing with it too each and every day but god did not make evil things theyre human beings who, like you and me god gave man free will, they chose, they can just as easily choose differently and god will forgive them, but they will have a karmic debt, vengence is mine said the lord, they will gladly pay it if they are truely repentful- i sound like a preacher im sorry,fact is i am not a “religion” person, i just know there is one god and he is not the color green, i just want to stop human suffering, its my job ive done it for 30 plus years i want everyone to be wealthy and healthy and creative and happy, thats not the american dream its an everybody dream. am i loosing it today? honest opinions welcome, you can even call me a nincompoop, you will not be the first, just dont poke me in the eyes with a sharp stick or kick me in the groin, (im still laughing at that E Tolle) ill shut up now.

  4. @Ivent
    George Carlin is/was right—great video.

    “…it’s called ‘The American Dream’…’cause you gotta be asleep to believe it…”

  5. lvent, on October 14, 2012 at 2:37 pm said:

    They were 10 year bonds sold as conventional mortgages….They sold us junk……period….end of story. Subprime is a fictional story. We weren’t sold mortgages, we were sold junk bonds.

    “…Yes — the person who wrote this is correct. Subprime is a fictional story. The bonds that were sold were not backed (collateral) by actual mortgages. They were backed by JUNK — collection rights to already (falsely) charged off debt, which paid a higher rate of return than the bonds that were actually backed by valid mortgages.

    So simple, I do not know why some do not get it. If the subprime were actually backed by valid mortgages — the interest rate charged borrowers would not be higher — it would be the SAME. The reason the interest rate was higher on subprime is because these borrowers could not get a valid mortgage. Subprime was nothing more than junk debt…”

  6. They are of God Deb? Which God? What God would make it acid rain? Nah…..They are of something, and it is sure is holey. It is unholy…………

  7. Amen

  8. Well, well….More acid rain…what a surprise…!….

  9. “E Tolle…..you confuse knowing who the enemy is with being controlled by the enemy.”

    Imbecile. You know jack and you are being controlled, as evidenced by your inability at lining up two personal thoughts. So, what’s your point? And quite frankly, the only people who will catch those abject fears you are trying so hard to spread are people like you: useless, marginally intelligent and ready to believe anything and everything. A sad commentary on the American ignorance!

    Intelligent people shut their mouth and take action. Then again… how would you know?

  10. God Bless You Deborah! A Good Laugh leads to a Healthier Heart.

  11. @ivent- nincompoop, reason i asked is i was about 5 yrs old and my uncle Colin called me a nincompoop i laughed then and i laugh now, never loose the inner child.
    @ mass resident- elevate your mind free your soul, indeed
    as for..
    “globalists” have a soul in chains their soul is a shrivveled little raisen but they are human and of god and they have conscious choice, good or evil it cant be both.their greed for money and power is insatiable because the void in their soul is begging for water they misplace the need they dont listen they ignore the small still voice “help me” “free me” says their little shrivelled up raisen soul but instead they feed the beast, if they starved the beast it would die and they would be free to grow in light and love and peace and material things would mean something different. god wants abundance for everyone its a material world we need to turn our lights on and be creative, but ill gotten gain is outside gods law, as for being aithiest, on their death bed they will pray, they may say “please can i bring my money and power with me” but god will say, thats not our currency up here child you have a lot to learn im sending you back to hell on earth to learn your lesson you will be a nincompoop in the next life, and thats all i have to say about that. darn i need to get out of this house today. have a wonderful and blessed day everyone.

  12. @Mass Resident… Unfortunately, hate wears a very clever disguise. That is why true hatred is not ,in most cases recognized. In most cases, hate is an imposter that shows up as something quite the opposite of what it appears to be….That deception allows this group to confuse love with hate, justice with criminal injustice, religion with a belief in God, humanism with inhumanism, Globalism with Global slavery…..It is really just the robbery of our freedom and independence,. It is a method of deception, used by imposters to create Global slavery that is wrapped up in a really nice sounding package..It is not nice. It is in fact, the epitome of evil……, .

  13. This small centralized group hide behind the so called ‘LARGE INSTITUTIONAL INVESTORS’ and use them and their BILLIONAIRE BOYS CLUB PERPS, AKA,the “INVESTORS” to try and conquer the planet by cleverly masking their true identities..This “BIG CLUB ” of shareholders and bondholders.do all of thier evil works by many proxies such as the BILLIONAIRE BOYS CLUB….. They are,devoid of all morals yet ,call themselves “humanists” who believe in “Social Justice” and “Globalism” which is really not human at all. These are secret words with hidden meanings. In reality,, these “nice words” are a method and a very severe form of mind control to fraudulently induce GLOBAL slavery.. They say they are atheists and they believe they can become Gods of this planet.by keeping secrets from the masses by making the masses believe lies. They are liars. They know the truth is, they are being controlled by an evil that is so diabolical that they want the masses to believe that this evil does not even exist. We were warned to watch for the signs of its coming. .. . . .

  14. One description of hate is the desire of a small centralized group of individuals, AKA “GLOBALISTS”, to “own” everyone and everything on the planet. These “GLOBALISTS” have amassed great wealth and influence by committing massive fraud and have been engaging in a well contrived and evil plot to install Global Totalitarianism..By using secrets, lies and fraud,, these “GLOBALISTS” have,stolen nearly everthing for themselves. They want a planet full of sheeple who believe they are slaves to them. That type of greed is true hatred and that is the true face of this evil group, AKA as the “Large Institutional Investors”, AKA the Billionaire Boys Club………… . .

  15. “Love and only Love will endure….. Hate is everything you think it is”.

    Neil Young

  16. The American people need to wake up and refuse to participate in this Globalist scam to steal and redistribute our wealth in the countries of our foreign enemies who want to own us. and fraudulently control us. They are also doing this by reinvesting our stolen wealth in all of our inalienable rights. These people are going to destroy US if we don’t stop participating, complying & conforming with all of their Globalist bullshit. The more we participate, the more they take….and they are never going to give it back. WE THE PEOPLE have to take it back or freedom will no longer exist. Then the entire planet is in real serious trouble. If we don’t hold our freedom and independence dear and we allow this complete communist takeover of our country by this so called GLOBALISTS who are no more than very deceptive crooks then the entire planet is in real peril. God will be furious with not only US, but I pity these tyrants who want to overthrow the Creators Plans for mankind which was for all of his creations to be free & independent. Not animals caged up in a zoo…These Globalists have turned America into a freak show and I don’t remember buying a ticket…

  17. Deborah, I will give you an example of a nincompoop…NBA COMMISSIONER David Stern was just speaking to Bloomberg News about how the NBA is branching out in China. His wish is that Chinese investors come to the U.S.A and invest in the NBA…Thats a nincompoop…He thinks he is so smart, so cunning, so cutting edge but he just revealed he is a GLOBALIST with a GLOBAL VIEW of bringing more foreign investors over here to invest in and steal our wealth and try to control US…. He is also spreading our wealth overseas. I am done…. I will not watch NBA basketball anymore. I dont care how good Derek Rose is….. Its over. I despise what this country has become which is a Globalist wealth stealing bathouse full of whores……

  18. Off topic but what is a nincompoop

  19. LOL….Stinks like a cover up…..That one was “blocked”……Lets try it one more time….George Carlin…”The (pretend) owners of the country (the investors).”

  20. You knew it was coming…….George Carlin “The (pretend) owners of the country (the investors).”

  21. The Truth is …. Your still in the Denial Stage. Your just seeking attention from someone who will side with you. Your counterclaim IS NOT a defense to FC. You need to Grab thise Lifelines! An Attorney and AA. p.s. ….. I wouldnt take FED investment bank stocks if they gave them to me. They would however be good fire starter in our pit. Just thinking out loud while my spouse snores.

  22. The TRUTH IS…… THE FED can’t buyback what they never owned in the first place…..THE TRUTH IS…….They are FELONS….engaging in FELONY FRAUD for the benefit of their LARGE INSTITUTIONAL INVESTORS….WHO ARE AS GEORGE CARLIN PUT IT…..THEIR CRIMINAL FRIENDS ON WALL STREET.

  23. Shadowcat said the Investors pool their money together & lend it……TELL THE TRUTH SHADOWCAT…..The investors don’t lend their pooled money to any of us now do they…..? THE TRUTH IS….. the investors and Wall Street are sick gamblers. THEY HAVE A SICK GAMBLING PROBLEM….THE TRUTH IS……….THE INVESTORS DO NOT OWN ANYTHING OR ANYONE & EITHER DO THEIR FED OR WALL STREET PERPS…….

  24. At 8:30 p.m. shadowcat said ……he already told you “your dead in the water.” LIAR..

  25. No shadowcat…….I don’t drink or use any drugs……I need to keep my head clear at all times because I am at war with the beast………Hopefully I just heard one of the last gasps of the beast. It appears to be hallucinating now. That means its close to death..

  26. WARNING……!DO NOT COOPERATE, CONFORM & COMPLY & become a part of their evil solution…. or you will be dead in the water for sure. That’s how they will microchip you….and own you.

  27. First of All … I never said… Neil said that “All was Dead in the Water” , because he didnt. Second of All … Try Reading when you are Sober. Its not my Job to do it for you!

  28. The truth is….there never were any mortgages….just junk bonds. There are no notes either …… they already cashed them at the ORIGINATION FRAUD……NEVER PAID BACK THE ORIGINAL “LOANS” & TURNED THE NOTES INTO WORTHLESS JUNK STOCK ON WALL STREET…..

  29. E Tolle…..you confuse knowing who the enemy is with being controlled by the enemy……. @shadowcat….#1….I read all that Neil writes……#2…..Show me where Neil said we are all dead in the water…? #3.don’t give me legal advice because you are not an attorney. #4.. you are an imposter….. #5…you are OBVIOUSLY working for the enemy…..the large institutional investors. #6. You are therefore, a fascist in sheep’s clothes and an enemy of freedom…#7… therefore, don’t tell me what I need to do because I never asked you to.

  30. I came back here to help One Deserving Person .. Its a Good Thing He is a Bright Student! He picked up all the pieces to the puzzle and now has the Full Picture. Hopefully he can be apart of the solution in his state. Good Luck Boys!

  31. @Ivent… Funny how you come here and do not even read what Neil writes. Because if you did you would know he already told you .. “Your Dead in the Water”. What part about that dont you comprehend? If you had any common sense at all … you would file BK ASAP! Because if you dont ….. You have no one to Blame but yourself!

  32. @ E-Tolle, … What part do you not like about what I teach here? The part about You need an Attorney? Or the part about Accepting Responsibility for your Actions? Ironic coming from people who want the Banks to take responsibility for their actions, Right? Kinda Two Faced? Self-Serving? Also, you need not worry your lil head off about me winning a lawsuit. I guess you missed the part where I said I am not in Foreclosure, I live in my home, I am not in BK, nor will I be, I’m not in a Lawsuit, I do not need an Attorney. Why would you be cheering for me to lose? Lose what? I’m Safe and Blessed! Does my Happiness Bother You? Or is it my Success? Maybe your Failures? Sounds like your issues with me are just that .. YOURS! Another Pervert wanting to mess with my britches …. Good Grief, Grow Up … You Cant Handle It!

  33. Ivent, why in the world would you worry yourself with world domination or the Council on Foreign Relations, when you’ve already allowed them to totally dominate your mind? Once you’ve lost that, you have zero left to lose. ZILCH! Beam me up Taliban.

    Your insistence for blathering on and on about conspiracies when bright people (who just happen to be interested in foreclosure defense – go figure) endlessly ask you to stop, should let you in on something….maybe you’ve already lost the battle. Maybe…just maybe…you’ve screwed the sanity pooch?

    Consider this: You’ve been sucked in to your delusion. After months turning into nearly a year, you suddenly realize that your family and friends may just be right. Maybe, just maybe, you are indeed insane, it’s just that the mentally ill are always the last to see it, until they notice the attendant wiping the drool off of their chin, or in your case, your keyboard.

    You and that nincompoop shadow of yours will never “win” a lawsuit, no matter how well pled it is, because you’ve already lost what counts the most….stability. How could you enjoy anything that life has to offer when you’re constantly bitching about that traitor or this event? The two of you are not only going to be toast, you’re basting as you type.

    Everyone here can see it save for the two of you, and unfortunately Neil Garfield as well. If I ran things, not only would you be kicked off LL, you’d be banned for life from the internet, after I poked you both in the eyes with sharp sticks, just for the hell of it. A kick in the groin as well.

  34. Beware of investment groups offering to help you….They are imposters……who are really vampires who want your blood…..then the debt zombie investors will come to devour whats left of you….!

  35. Just saw a commercial…..if you can’t afford groceries……this investment group has investors who will lend you up to $1000.00….if you have an income of at least $800.00 a month…..SAY WHAAAAAT?

  36. I should say “Who funded these junk bonds that we were very deceptively lied to by the ORIGINATORS who made us believe they were Conventional Mortgages……for the benefit of their LARGE INSTITUTIONAL INVESTORS……? THE U.S. TAXPAYERS ……funded those junk bonds…that the ORIGINATORS passed onto WALL STREET for the benefit of their criminal friends…..THE LARGE INSTITUTIONAL INVESTOR SCAMMERS….THEY ARE ALL FELONS WHO NEVER LENT US A DIME………!

  37. Bottom line……these people are all IMPOSTERS …..engaging CONTROL FRAUD……FASCISM for the benefit of the THE LARGE INSTITUTIONAL INVESTORS….this will create what the LARGE INSTITUTIONAL INVESTORS WANT…….TOTALITARIANISM ……… WHO IS THE LARGEST INVESTOR IN FANNIE MAE……? BLOOMBERG REPORTED IT IS THE IMF/VATICAN/WORLD BANK..WHO IS THE LARGEST INVESTOR IN GOLDMAN SACHS…? THE SMOM/VATICAN/JESUITS……..THEY ARE INVESTORS ……OWNERS OF SHIT INVESTMENTS BY MANY PROXIES. WHO FUNDED THESE JUNK BONDS……? THE U.S. TAXPAYERS …..THAT’S WHO…

  38. I must add all of this control fraud, fascism & totalitarianism is being done for the benefit of the LARGE INSTITUTIONAL INVESTORS……They are the hidden Hitler’s ….

  39. I should make clear the judges are engaging in CONTROL FRAUD…..and a very deceptive form of TOTALITARIANISM. because this is all about the COVER UP…That is the same thing the media, law enforcement, the politicians the attorneys on both sides, the realtors & the banks are doing….committing CONTROL FRAUD is the COVER UP….TOTALITARIANISM is disguised as fraudclosure but make no mistake….this is a severe form of fascism ….

  40. Don’t cooperate, comply & conform with their fraud. Because if you do, you become a party to it. That includes the judges. That’s why the corrupt attorneys will not represent you unless you cooperate, comply & conform with fraud. They are criminals for forcing you to cooperate, conform & comply by deceiving you……Intent to deceive is criminal….That’s why the judges are engaging in control fraud….totalitarianism….the bank attorneys are “trying” to hide the true facts of their cases & the realtors doing short sales, & the banks doing refis or loan mods of insolvent debts are ALL FELONS…..!

  41. @shadowcat…..There are no attorneys fighting fraud sweetie…….nice try…. deborah…they are all full of it. They want us to believe they own us….they don’t.

  42. All we really have in the final s alusis is the system and we are stuck in it. I dwell in possibity because the alternative would be to become all bitter n twisted. Can’t allow that .

  43. Sorry! Correction. I know of no Law that allows Fraudclosure.

  44. I know of such law, I only know the ones that dont allow it. Anyhows.. going to Snuggle with Papa, you find yourself an Attorney Sweetie. NN

  45. What freaking law allows fraudclosure…..? CAN YOU SHOW ME THAT LAW…?

  46. BTW……..Ignorance of WHAT LAW shadowcat….?

  47. Are you freaking kidding me shadowcat……? You are the one whose doing the squeezing for information……..for exactly who..? Hmmmmm…let me take a wild guess…… For the benefit of the INVESTORS of course…..! Nincompoops….You are not fooling me & you & your cohorts & minions are not going to win…..

  48. I am not an Attorney, I can not give you Legal Advice….. I suggest you contact your Attorney and seek Legal Advice. So … Ivent , Quit trying to Squeeze me for Legal Advice, Brown Nosing and Name Calling is not getting you anywhere!

  49. I’ve said it many times .. Ignorance of the Law is not a Defense for you or a Defense for the Bank.

  50. I agree with carie…it’s the judges & these COLOR OF LAW theories that “Someone is owed this money.”…& “you signed that contract” …& “there is a mortgage here”…WHEN NO MORTGAGE CONTRACT EVER EXISTED….!

  51. Debbie…they have no contracts….they were never legal contracts….This is all being achieved under COLOR OF LAW…ITS ALL A GIANT FRAUD..!!

  52. WOW SHADOWCAT…!!!!..I will grant you the people aren’t showing up….However…blaming the victims of mass fraud & corruption is b.s. The U.S. CONSTITUTION was written so every American could easily understand it & use it to defend their rights WITHOUT an attorney…..DON’T TELL ME IT’S NOT THE JUDGES…….These judges are not upholding the law in any way, shape or form or there would be NO FRAUDCLOSURES …!

  53. @Carie, you have it wrong about the Judges. I will grant you there are a few bad apples. But for the majority, either the defendent does not show or the defendent pleads their case wrong. Thats a Fact!

  54. @Deb W.

    It seems to come down to the fact that the judges think it’s a-okay for a debt collector/defrauder to get a “free house”—but not okay for the duped homeowner/buyer…and they have been told by whomever signs their paychecks that this is the way it’s gotta be…

  55. I’m Not done if this is contract law then why is it so hard to get anywhere with the court
    Umm apart from the fact of wherethe burden of proof lies, and what the opposition present is taken as true.
    Onward.

  56. Freudian slip lol. Not booze. Choose Oh man and I was doing so good on the keypad today

  57. Agree ivent. They took their power and abused it, our elected supposec to protect the piblic interest and The banks do not create law , primary law and constitutional rights they cannot circumvent. Booze how they try to dress it up. And carie is good gal it was not a mortgage they knew we didn’t.

  58. They were 10 year bonds sold as conventional mortgages….They sold us junk……period….end of story. Subprime is a fictional story. We weren’t sold mortgages, we were sold junk bonds.

  59. Look and see who the registered owners of those LLCs are.

  60. (something else from ANON):

    “…You need to get head out of the securitization process. As documented — we know the process was —- hmmm— fraudulent.

    Securitiztion can be for any cash flows — but the security investors are NEVER the creditor. In the case of subprime/alt-a/jumbo securitization — there were no mortgage liens — the cash flow pass-through was only for pass-through of cash payments to collection rights. No mortgage lien – not mortgage — no pass-through of collection rights itself. Transfer of servicing rights only.

    The “investors” were the debt buyers that purchased the collection rights — period. The security investors were duped to believing that the cash pass-through was to valid mortgage liens. But, these security investors never were the lender, never were the creditor, and never were the mortgagee — because there was never any valid mortgages!!!!! And, security investors are NEVER the creditor.

    CDOs??? nothing more than derivatives from the false assets that the false securitizations were based upon to begin with!!!

    In your mind — Quote — “In my scenario, there is a loan.” Even if that is possible — it is NOT a mortgage. — no lien. And, when presented to borrower as a mortgage — when it was not a mortgage — which is was not — then the “loan” is false. But, more important, the so-called loan is unsecured!!! Thus, even if the “loan” was somehow valid — which it was not — it can — and should be —discharged in BK.

    You are still on the kick that these fraudulent loans were somehow valid MBS…security investors know they were not. How can the borrowers be held accountable to fraudulent loans?

    Time to go after the the perpetrators — the “investors” — the debt buyers who purchased collection rights — falsely procured as “mortgage” refinances.

    And, they try to portray these collection rights as valid mortgages!!!
    Can never be. Mortgage title??? Long gone.

    Big difference between security investors and “investors.” But, no one wants to address this. This is the crux of the problem. And, as far as I am concerned — these “investors” will never come forward — would show criminality if they did.

    Why criminal???

    INSURANCE FRAUD…always criminal.

    So — just have to keep plugging away to show that the so-called “Trusts” were bogus — and transfer of any “mortgage/loan” — was bogus.

    Follow the path of the refinance proceeds…There are none!!!!!!

  61. “…My focus has been subprime. Include in this category also ALT-A loans and the subprime percentage goes up. Subprime is difficult to define — one of the questions you will always get from adversaries is “DEFINE SUBPRIME.” During the subprime market heyday, majority market share of the “mortgage loans” shifted from the GSEs to the banks. The banks gained market share while the GSEs lost market share. If you have a loan that is claimed to be in a REMIC bank trust, this means your loan is not GSE. But, you must always go all the way back to origination of purchase money to trace the real path of your loan. At one time, it is extremely likely that the loan was GSE owned, and what happened from there is the question.

    This does not mean that all foreclosures are not GSE owned. However, conventional loan is not the right term to use as to determine whether loan is GSE. Conforming is the right term. A loan could be “conventional” — and NOT be GSE owned. If a loan is currently GSE owned, and in default, one must determine the GSE procedure for disposal of default loans.

    Again, my focus is on subprime refinances that were originally GSE purchase money loans (Conforming). As the market share shifted from GSEs to the banks, during the past decade, it is the banks, not the GSEs, that controlled the majority of these refinance loans/non-conforming new purchases. Include subprime, Alt-A, and purchase money loans that were SPLIT into two loans. This was a large percentage of the market.
    Today—after the financial crisis (2008), market share has almost completely shifted back to the GSEs again…(about 95%) of the market — as banks–are not lending. In order to purchase a home now, and/or refinance, you must CONFORM to GSE guidelines. Again, if you have a GSE loan (which would be a newer loan), you must ascertain the GSE process for default loans, and at what point the GSE will charge off and sell collection rights…”

  62. I just have new Neighbours : WOW , how to make money :

    http://www.tampabay.com/news/business/realestate/article1232013.ece

  63. “SOMEONE IS OWED THIS MONEY”………WHAT MONEY….? SHOW ME THE MONEY TRAIL….BUT….THERE ISN’T ONE BECAUSE IT WAS ALL A SCAM….

  64. The only thing that really exists is alot of fraud……hidden behind IMPOSTERS & traitors who want to make us believe their lies…..

  65. We didn’t give them any power….they hijacked it by using secrets, lies & deception to defraud the American people. Its only power is in what it can make us believe.

  66. I ask that you all consider the following quotes :
    “” believing passionately in something that still does not exist, we create it”
    Franz Kafka
    And Plato said ” take charge of your thoughts, you can do what you want with them”
    And so we must be careful of what we give power to. What ye think so shall ye be … I
    forgot who said that but it was a wise person.

  67. Enough sunlight should kill these things….

  68. BTW…….THE FED IS insolVENT……Because their evil LARGE INSTITUTIONAL INVESTORS VIA WALL STREET ENGAGED IN A QUADRILLION DOLLARS IN CREDIT FRAUD…….WITH OUR SIGNATURES.

  69. You sound like a Fascist Nazi shadowcat…..you really do sound psychotic…that is a serious illness….please, go get some help. Damned commies…..

  70. I’ll make sure my minions are there to vidio tape you when you walk outside the courthouse …. I’ll use the vidio for teaching purposes Only. … “How To Lose Your Home” … featuring InsolVENT.

  71. Shadowcat…..Go ahead…..keep shooting yourself in the foot…… You will be hemoraghing by the big showdown…..it’s coming….after the big hoedown.

  72. CRIMINALS POLITICIANS & THEIR COHORTS & MINIONS BEWARE…..Local news report…..FBI investigating Jesse Jackson Jr for missappropriation of “funds”…. also BANK SHUT DOWN FOR TURNING ON THE PEOPLE…..!

  73. CHICAGO WEATHER ALERT……Severe thunderstorm warning…..with a slight chance of brief tornadoes…!

  74. Shadowcat…..are you telling me the Cook County judge is going to aid & abet a crime……..? Why that would be heinously criminal now wouldn’t it…..? Not buying that one…..& either are the judges..!

  75. Its going to be worth the trip to Cook County … to see the Judges face, when you tell him that! And your Face when he sends you Packin! I’ll have your U-Haul your own Carcus ready for you! My Treat!

  76. Hmmmmmm…..the weather sure is stormy in Chicago today…..its hailing right now….hmmmmmm

  77. CNBC reported Friday…….the investment banks are well capitalized by their investors & looking for stuff to invest in……..duh…….YEAH…THEY GOT SCREWED…..DUH…!

  78. The politicians, the judges, the cops, the attorneys……all of those covering this scam up are invested in this fraud as well….via these so called LARGE INSTITUTIONAL INVESTORS…..they are the real culprits here…………THE LARGE INSTITUTIONAL INVESTORS are the real culprits here & the little guys appear to take the hit….however, the big guys…..the large institutional investors know the real money is made after they pretend to dump their fraud on the little guys…..and the little guys with Insider knowledge know that’s where the real money is……..the CDS INSURANCE…..THE FRAUDCLOSURES, BUYBACKS…REFIS……SHORT SALES….ETC…..IT’S A GIANT RE-INVESTMENT SCAM IN FRAUD……THAT SCAM WILL DESTROY US….

  79. The Government is putting on a really big show for the benefit of their investors. It’s a giant coverup for their investors who are the real scammers here…

  80. Allow me to re-iterate…… The investors told the banks……”I’ll gladly pay you tomorrow (for the buybacks) for a hamburger (to get out of these shit mbs’s) today.”

  81. NO….THE INVESTORS CONTROL THE INVESTMENT BANKS……”THERE MUST BE SOME KINDA WAY OUTTA HERE…..SAID THE JOKER TO THE THEIF…..THERE IS TOO MUCH CONFUSION…..I CAN’T GET NO RELIEF.” -Jimi Hendrix

  82. Why do you think the Investers are sueing the Investment Banks? Duh..

  83. The Investment Banks control the Origionaters … Idiot!

  84. Shadowcat…..who controls the Originators …..? Their investors…..! MWAHAHA ……It went like this….”I’ll gladly pay you tomorrow for a hamburger today…….”

  85. Even if the purchase loan was ( WH taxpayer line of credit), the Origionater is still on the Hook. The Investment Banks knew Dag Gone Well what the Broker/origiionaters were doing. That is why they did not set up loans in their own names, or refi the loans they serviced Why do you suppose this past year the servicers are doing refis and putting their name on the notes? on the Mods?

  86. Shadowcat I agree……knowledge is power… The more we know the better. Sometimes things don’t seem like they have anything to do with fraudclosure & then you find out they are all part of this evil plan. For example, how the James Holmes conspiracy, the batman shooter ties into the Libor rigging scandal. Here is the link to the video. It is long but well worth the watch….check it out…..THE JAMES HOLMES CONSPIRACY……
    http://www.knowthelies.com/node/8077

  87. @carie
    Originator a decoy they were/ are sophisticated and they fully knew the game

  88. @Carie….. If a Homeowner never Refinanced (with taxpayer credit line) …. Who do you suppose is still responsible for paying back the WH Lines (Investers)? Could it be the Origionater? YEP! YEP! There is nothing better than a Cooked Turkey for Thanksgiving.

  89. They only have the Power over you if you give it to them. They feed off your fear of the unknown. But what you do not know is that they also Fear You … If you find out the unknown.

  90. @Guest, … The Origionater borrowed the funds from the Warehouse Line (where all invester moneys were pooled). Then they sold it to a 3rd party … all before closing. I always got a Chuckle when a borrower did not sign because the terms were changed just prior to closing. Or when borrowers exercised their RTC or Recission. The borrowers who did any of these three things were immediatly defaulted. Left the Origionater and the Buyer in a Pickle … per say. It also left the Home Owners with One Big Lawsuit for Fraud!

  91. @Guest

    “…The warehouse lines of credit never actually transferred any actual cash for funding. These lines of credit were simply “credit lines” that the “Depositor” would provide to their correspondent lenders. Once the “loan” refinance origination was completed the Depositor would then reverse the “credit” owed by the correspondent (originator). This never involved any actual deposit of cash proceeds —- the “funding” payoff check is never “deposited” into any bank account. The check is routed to a security derivative clearing house — who then simply cancels the credit-line transaction.”

  92. Enraged tries to confuse fear with knowing who the enemies of freedom are, and what their methods are, but most importantly, what their evil plan to destroy freedom is…..it is….. LACK OF KNOWLEDGE ……. COVERUPS, SECRETS, LIES & DECEIT ALLOWED THEM TO MISREPRESENT WHO THEY REALLY ARE & DEFRAUD US. That needs to end…

  93. @Guest, … YES! I have .. along time ago. That is why things are changing. Small Law Firms do not have the Capital anymore than a Homeowner to Fight the Beast in Litigation. @ Las Vegas … YES! Only those who knew of tha Scam could Swoop in and claim the unclaimed.

  94. I went to a bk attorney 2 years ago, they said give up the house, we will get you satisfaction of mortgage.

    saw a real estate magazine this week, same law firm now has real estate brokerage.

  95. 9/11, the manufactured stock market collapse and foreclosure are all connected. They are integrated parts of the world domination plan.

  96. It’s all about the cover up…..and apparently there are some real psychopaths running the world and there are some real psychopaths protecting these psychopaths. I never would have dreamed fraudclosure would lead me to these horrors. Obviously, all of the horrors of 9/11 are part of fraudclosure. Fraudclosure takes you in many directions and was meant to wake people up to a lot more than foreclosure fraud. Unfortunately, the masterminds of this freak show who caused these fraudclosures are ill, offensive, maniacal & diabolical and that is because they want all of us to believe they own us. They don’t.

  97. Enraged, yes but I was speaking generally. We all feel the fear god knows I don’t sleep at night but there are some people…. If they don’t know, you can’t tell em. I have had support from this site I am strong I was raised to be strong but not everyone is this way, thing is there is some truth in all posts and after years of this chit nothing is what it seems I’m in a state of shock ESP when so many people in positions of power even our so called representatives are co operating – in fact aiding the criminal acts in and out of our court rooms and nothing of what they have done so far is getting anywhere close to protecting our civil and legal rights or even
    our human rights in there lies my fears. So I am grateful for anything from anyone that walks the walk as well as talks the talk .

  98. @shadowcat: “…a Pleasure Exposing who the Real Felon…” . if you are positively sure about this you can immediately do several things including, but not limited, to these actions: complaining to your state bar documenting his fraud to pull his license, complaining to your DA, complaining to the same court to pull his license for fraud on court, exposing his name in this or other websites with the details. Truth is always the best defense to defamation. This is why many apparently defamatory statements are not objected to because the are true.

  99. Deborah,

    The more one speaks about his fears and the more real they appear, the more he believes them and the more present they are. Fear doesn’t excuse bad behavior and this site is not a shrink couch. We asked nicely that she stop her conspiracy nonsense, her verbal diarrhea, etc. She won’t.

    Personally, with that kind of a spoiled brat, asocial attitude, I hope she loses it all! One thing is sure: when she finds herself before the judge, he’ll size her up in no time and if she opens her big, stupid mouth, he’ll know right away she is a kook. She’ll last five minute. Then we won’t hear from her again. Finally!

    She’s chased many people from this site. Many who had a lot of info to share. Unlike her who knows nothing and is stupid as stupid can be!

  100. @ everyone. We still have freedom of speech
    Though some do it in fear they speak from fear they live in fear Meaning False Evidence Appearing Real. Excuse the pun. My advice is if you FEEL the fear all the more reason to do it anyway because then your perspective will change and you will see that that’s how evil functions by putting fear in the hearts of good people. Step into the fear

  101. hman,

    Help me to understand what you mean by the golden ticket. I also have the wire instructions from my title agent, but I’m not sure how to use it. I understood Neil to say in his comments here that the wire instructions actually work against the homeowner. Am I missing something?

    The instructions advised the title agent that if the loan didn’t close on the day scheduled, then the title agent must return the money to BONY, whom I knew nothing about, until I got wire instructions. Even then, BONY stated that CW Warehouse Lending was to be credited when the money was returned.???

    The originator was not connected to CW at all, except selling the loan to a CW entity, but not its warehouse lender. I also have a presale agreement between the originator and a third CW entity. I have no idea why the original lender was allowed to call itself a lender, but it did; and the court, so far, is believing it.

  102. I refuse to engage myself in childish behavior with what amounts to grade school playground bullies. The evidence is being presented. I do not need to defend it. It is not my place to tell anyone what to believe. That is up to the American people to decide.

  103. @ Ian…

    I always knew a donkey had two ends. She is the orifice in the lower end… When it’s your call in life, I guess it’s hard to resist it.

  104. Here is a link from KNOW THE LIES…..you be the judge…CONCRETE EVIDENCE-NEW YORK CITY WAS NUKED ON 9/11…….
    http://www.knowthelies.com/node/7626

  105. Google the words……WERE DIRTY BOMBS PLANTED AT THE WORLD TRADE CENTER ON 9/11…? YOU BE THE JUDGE…

  106. Sorry Ian if the truth bugs you. However, I do not intend to argue, I do not intend to name call…I will present my case. As individuals you can decide if the case entered should be further investigated. The way I see it, this is no longer the land of milk & honey. We now are being ruled as a nation by a Ruthless Giant Multinational Corporation that through its GLOBALIST investors have waged war on the American people. Their aim is fraudulent control of our nation by investing in things WE THE PEOPLE OWN… They want the people to believe they OWN US…..They have used many diabolical guises to make us believe their lies that they OWN US…..THEY DO NOT OWN US….There is evidence that suggests that this diabolical Globalist Corp of investors have gone to such great lengths as to plant dirty bombs in the World Trade Centers on 9/11 and nuke the American people. To that I say, NO…I WILL NOT SIT DOWN & SHUT UP & EITHER SHOULD YOU……OR ANYONE..if you hold your freedom dear..

  107. Attitude is 99% of the battle. Everyone get the winning attitude f#** em go into your courts and state your claim. Prepare , do your baby steps procedure case law pay someone to research for you if there’s no attorney don’t plead what’s already gone down in flames unless you want to do same know the defense tactics .., darn it after all these long years we know their nex t move it will be underhanded, start liking it. Just get up and keep on there’s always a way solve the problem , help one another stop the name
    callin for gods sake And just well you know
    Bla Bla. Get your game on, phew I’m on a roll.

  108. @Ian,

    I posted a similar complaint directly on “Contact us” 3 days ago. It was there for a few hours and… disappeared.

    I guess Neil Garfield’s big ambition is to be the internet equivalent of the degenerate Kardashians. Some kind of Reality internet blog for losers homeowners looking to spread their empty life for everyone to see.

    Welcome to America. Livinglies is done. Time to move on and post what I discover elsewhere…

  109. @Ian & everyone but esp. IAN…….CHECK OUT THE LINK…..PRIVATIZED CORPORATIONS LOOT GOVERNMENT FUNDS WITH POLICE STATE CONTRAPTIONS….
    http://theintelhub.com/2012/10/13/privatized-corporations-loot-government-funds-with-police-state-contraptions/

  110. “Sticks and Stones” again? Listen Up Mr Smarty Pants, … If your helping folks … then you should already have case law to back it up. Right? Why would you need to scroll public streams to get it? Unless your looking for someone to do your homework for you. Now Play Nice! @Deborah … I Love Your Attitude!

  111. you guys are funny, made me laugh, we know its a crime against humanity and fighting amongst ourselves is futile, the horribly tough part is winning in court, but let me say this and i am telling you, see it believe it and ask for truth to be revealed win or loose, detach from the outcome focus on putting one foot infront of the next just do your best but see it first, winning , truth , justice in the minds eye, if you cant think it then its YOU that limits the outcome. dont flush that, it works.

  112. Hello? Neil? Could you please get rid of these mongoloids? Hint: IVENT and Shadowcat? They are undermining my local efforts at educating the (local) judiciary on what is taking place here. Jeff Barnes’ observation that JUDGES are sitting in on his CLE courses is a great step forward. IVENT and Shadowcat’s presence on your website is incomprehensible. PLEASE get rid of them, I don’t need to hear any more conspiracy theories. I want court rulings, settlement information,etc. and best practices. NOTHING ELSE. You have my contact information. Please call or email me if need be.
    Sincerely,
    Ian

  113. WHERE DID ALL OF THE PAYMENTS WE MADE GO…..? AMERICA…! THAT IS THE GAZILLION DOLLAR QUESTION….! BRRRRING……BRRRRRRING……MR. & MRS. FED/CORPORATE INVESTOR…..THE AMERICAN PEOPLE ARE CALLING…….ALL OF YOU..! WE WANT ANSWERS…..RIGHT FREAKING NOW…!

  114. SO……WHERE IS ALL OF OUR STOLEN MONEY AT YOU DIRTY CROOKS…..?

  115. Time to flush..

  116. Dead in the Water …. Grandma always said … Shtt dont Float.

  117. No imposter b.s.er…that would be YOU…

  118. The imbecile strikes again…

  119. You know what enraged…? YOU ARE THE SELFISH IMBACILE…

    BECAUSE..YOU CAN’T WIN A CASE WHEN YOU DO NOT KNOW THE TRUE FACTS OF THE CASE……!

    IF YOU DO NOT KNOW WHAT THEY ARE HIDING ……YOU CANT WIN…..
    WHAT THEY ARE HIDING IS………

    WHERE DID ALL OF OUR MONEY GO………?

    YOU AREN’T EVEN FIGHTING FRAUDCLOSURE ……..YOU HAVE AN ATTORNEY & ARE SUING THE BANK…..!

    YOU ENRAGED ARE A DISINFO AGENT……TRYING TO HIDE THE REAL CRIMES……!

    YOU ARE AN IMPOSTER…!

    @SHADOWCAT……you are a big b.s.er too…..

  120. This is a really good site full of very important foreclosure defense information.

    http://www.mahanyertl.com/mahanyertl/category/foreclosuredefense/

  121. Common Mistakes Made by Homeowners Seeking HAMP Modification

    by Brian Mahany

    Almost every day we are contacted by a potential client who was denied a HAMP mortgage modification. For those unfamiliar with HAMP, the program’s formal name is the Home Affordable Modification Program. The program was part of the stimulus bill in 2008. When Congress gave billions to Wall Street and big banks through the TARP program, it required $50 billion to be set aside to help homeowners who were struggling to keep their homes. The program helps lower monthly payments through lower interest rates, principal reduction or extending the length of the mortgage.

    Banks have done a horrible job in letting people know of the program and with helping them modify their mortgage. Thats puzzling since a good lender would rather have someone in the home paying monthly than have another empty, vacant non-revenue producing property. Homeowners who are denied a modification may be able to sue in certain circumstances but there are many mistakes they make that could keep them from getting a modification.

    Some of the common mistakes we see are as follows:

    Read the rest at
    http://www.mahanyertl.com/mahanyertl/common-mistakes-made-by-homeowners-seeking-hamp-modification/1902/comment-page-1/#comment-14591

  122. Federal Appeals Court Rules In Favor Of Homeowner In Sub Prime Case

    by Brian Mahany

    We keep saying that courts are finally beginning to wake up and realize that not all lenders and loan servicers were created equally. Recently a federal trial court in Ohio tossed claims against Bank of America and its progeny, Countrywide Home Loans. A husband and wife homeowner sued the lenders for fraud but the trial judge ruled in favor of the bank. The 6th Circuit Court of Appeals, however, reversed and is allowing the case to go before a jury. (Big banks and lenders often do poorly in front of a jury – – in this economy,just about everyone knows someone who has been treated unfairly by a lender.)

    The case name is
    LEE v. COUNTRYWIDE HOME LOANS INC

    Raymond L. LEE, Jr.; Janet M. Lee, Plaintiffs–Appellants, v. COUNTRYWIDE HOME LOANS, INC.; Bank of America, National Association, Defendants–Appellees.

    No. 10–3777.

    Argued: Nov. 15, 2011. — August 13, 2012

    http://www.mahanyertl.com/mahanyertl/federal-appeals-court-rules-in-favor-of-homeowner-in-sub-prime-case/1931/

    Read the last sentence: “Big banks and lenders often do poorly in front of a jury – – in this economy,just about everyone knows someone who has been treated unfairly by a lender.”

    This is what I have been saying all along. Banks do NOT do well in front of juries. Stop paying the servicer. Find an attorney, invest your monthly payment in legal expenses and insist on a jury trial.

  123. MERS ISSUE HEADED FOR ORAL ARGUMENT IN OREGON SUPREME COURT; FIRST TEST CASE FOR DISMISSAL WITH PREJUDICE FOR REPEATED NONCOMPLIANCE WITH DISCOVERY ORDERS HEADED FOR ARGUMENT IN NEW JERSEY; APPEAL OF SUMMARY JUDGMENT WHERE THERE WAS NO EVIDENCE OF WHEN ENDORSEMENT WAS PLACE ON NOTE HEADED FOR FINAL BRIEFING IN FLORIDA; BATTLES FOR SECURITIZATION DISCOVERY CONTINUE ACROSS THE UNITED STATES

    October 13, 2012

    October 13, 2012

    For what is now going into its fifth year, FDN, through its national network of attorneys which now numbers 44 law Firms, has consistently forced significant issues in foreclosure to be brought before trial and appellate courts around the country. Three of these are coming to a head at this time.

    As those of you who follow this website are aware, on July 18, 2012, the Oregon Court of Appeals issued its decision in Niday v. GMAC and MERS which held, in a 27 page opinion, that MERS is not the “beneficiary” in a Deed of Trust notwithstanding language in the DOT to that effect. Jeff Barnes, Esq. and local Oregon counsel Elizabeth Lemoine, Esq. represent the Nidays, who prevailed in that decision. MERS has taken an appeal of that decision to the Oregon Supreme Court, which has granted review. The case will be orally argued before the Oregon Supreme Court in early January, 2013.

    One month after the Niday decision was issued, on August 16, 2012, the Supreme Court of Washington issued its opinion in Bain v. Metropolitan Mortgage and MERS which not only came to the same result as the Oregon Court of Appeals did in Niday, but went even further to provide that MERS can be sued for misrepresenting its claimed status as a “beneficiary”.

    In New Jersey, FDN attorneys Jeff Barnes, Esq. and local NJ counsel Daniel Schmutter, Esq. represent the homeowner in a case where there is a pending Motion to Dismiss a foreclosure with prejudice for US Bank’s refusal to produce discovery and witnesses with personal knowledge of numerous issues despite no less than five (5) court orders compelling this discovery, including one Order which was entered AFTER the case was dismissed without prejudice, as New Jersey permits a noncomplying party 60 days to remedy the discovery deficiency in connection with any request to reinstate the case. There is currently no New Jersey decisional (case) law which is “on point”, and thus if the case is dismissed with prejudice, it will be the first such case to be so dismissed on these facts in the history of the state of New Jersey. The Motion will be argued in the near future.

    In Florida, Mr. Barnes represents the homeowners in an appeal of a summary judgment which was granted despite the trial court not being provided with any evidence as to when the alleged endorsement was placed on the Note. Recent Florida case law has repeatedly reversed summary judgments where there is no evidence that the endorsement was placed on the Note prior to the time that the Complaint was filed (Florida has a requirement that standing be demonstrated at the time the complaint is filed, which cannot be “cured” thereafter by a subsequent endorsement). The trial Judge actually asked the “bank’s” counsel, at the summary judgment hearing, when the endorsement was placed on the Note, which question was not answered. There are also issues with the validity of the “Affidavit” filed in support of the MSJ.

    Discovery battles for securitization discovery continue in Hawaii, Tennessee, and New Mexico where Mr. Barnes represents the homeowner with local counsel in each of those states. These states should follow the example of New Jersey, where Mr. Barnes and his local in-state counsel have had no less than nine (9) cases dismissed as a result of the foreclosing party’s failure to produce discovery.

    Jeff Barnes, Esq., http://www.ForeclosureDefenseNationwide.com

  124. They’re really no two ways about it: whatever dealing you plan to have with a servicer, get an attorney. And it’s true that, oftentimes, you’ll meet a few wormy ones before you find a good one but it is part of the learning experience. I wasn’t immune: it cost me $6.500 in trials and errors. Expensive lesson worth every penny (that I didn’t have at the time): we learn what not to do before learning what works. Hopefully, sites such as this one equip people with the tools to avoid mistakes previously made by others.

    That is… when people don’t overload them with irrelevant, narcissistic crap that chases away everyone in real need of help!

    BEWARE of Dual-Tracking to Foreclosure

    The Settlement, which was meant to both punish the nation’s five largest servicers for their wrongful conduct in using fraudulent documents in prosecuting foreclosures, and to provide redress for those victimized by such conduct, has now been turned into an opportunity to resume their illegal activities to wrongfully dispossess millions of families from their homes.

    http://msfraud.org/beware-of-dual-tracking-to-foreclosure_10-12.html

    Beware of Dual-Tracking to Foreclosure

    October 12, 2012

    by Dan McGookey, Foreclosure defense attorney – Ohio

    In one of the most recent versions of mortgage fraud in the securitized home loan business, loan servicers have started to use the National Mortgage Settlement (“NMS”) aka the “robo signer settlement”, as a means to sharpen their skills at debt collection by perfecting a technique known as “dual tracking”.

    Dual tracking is the time-tested method used by the greed-driven banks whereby the loan servicer deliberately misleads the unwitting homeowner into believing it is trying to work with the homeowner to keep him or her in the home, while at the same time, and in reality, working with its lawyers to take the home away. It is a method fundamentally based on deception; deception of the homeowner, that is.

    Ironically, the NMS, meant to both punish the nation’s five largest servicers for their wrongful conduct in using fraudulent documents in prosecuting foreclosures, and to provide redress for those victimized by such conduct, has now been turned into an opportunity for those same wrongdoers to resume their illegal activities in an even more effective way. In a world where it is profitable to foreclose, these banks will stop at nothing to drive up their bottom lines, even if it means wrongfully dispossessing millions of families from their homes.

    How does the NMS provide cover to these banks to further perpetrate their fraud? Generally what happens is that the bank (GMAC/Ally for example), will send a letter to a financially distressed homeowner, posturing itself as the “white knight”, there to offer the homeowner substantial mortgage relief in the way of principal balance reduction, or a reduced interest rate, under the guise that the offer is part of the NMS.

    The problem is the homeowner targeted to receive this sort of offer is already in the “cross hairs” of the foreclosure-minded servicer, and the servicer knows that the relief offered is too-little, too-late for the homeowner. At the same time the servicer makes the bogus offer of mortgage relief to the borrower, it ratchets up the pressure on him or her by directing its lawyers to move the foreclosure process along. The deception comes into play when the desperate homeowner believes the bank wants to work with him rather than foreclose, thereby “letting his guard down”, and not actively challenging the bank in the legal process. Like prey going for bait in a trap, the unsuspecting homeowner is ensnared in the foreclosure process by going after the bait which appears to be mortgage relief. Don’t take the bait!

    Avoiding the Foreclosure Trap

    In the lead story this week, we talked about the how the Wall Street Banks have actually turned a lemon (the National Mortgage Settlement) into lemonade for themselves, through a loan collection process known as “Dual Tracking”. This is another example of why homeowners must be ever vigilant when defending their homes. Once the foreclosure process has begun, it is almost certain that the bank will not stop it by giving the homeowner a good faith chance to succeed in paying on the mortgage. Remember this cardinal truth at all times – chances are your bank wants you to fail because, in the world of securitized mortgage lending, it is profitable to foreclose.

  125. Force-Placed Insurance Still Pushing Homeowners into Foreclosure
    “These [banks] are making more money by keeping things in foreclosure rather than trying to fix things,” said Kristin Siegesmund, head of the consumer unit at Mid-Minnesota Legal Assistance.

    Forced insurance policies cripple Minnesota homeowners

    Article by: JEFFREY MEITRODT , Star Tribune
    Updated: October 8, 2012 – 8:42 AM

    Lenders slap struggling homeowners with sky-high insurance rates.

    Compared with her neighbors’ well-tended homes in St. Paul’s historic Cathedral Hill neighborhood, Jean Keeney’s 19th-century property looks a bit forlorn.

    The lot is overgrown, paint is peeling and two ragged posts are all that’s left of the front railing. It has been years since Keeney could afford to maintain her home the way she wants. At 77, an age at which the former stockbroker thought she would be comfortably retired, Keeney is toiling away as a substitute teacher, trying to keep her lender from foreclosing on her home.

    “I would rather not be working, but I need the money,” she said.

    Like thousands of other Minnesotans, Keeney’s financial problems involve force-placed insurance, a little-known form of coverage generating billions of dollars in profits for insurers and banks — but getting little scrutiny from state regulators.

    Billed as a policy of last resort, force-placed insurance is routinely imposed on homeowners by lenders when property is not covered against tornados, floods and other hazards. The coverage can cost 10 times as much as typical homeowners insurance despite offering less protection.

    Across the country, the high premiums are pushing hundreds of thousands of vulnerable homeowners closer to default as the costs are added to their monthly mortgage.

    When Keeney’s homeowners policy lapsed, she was pushed into a forced-placed policy at an annual cost of $4,185, well above the $1,655 she used to pay State Farm. “It’s ridiculous,” she said.

    Minnesota officials concede they have no idea whether those rates are reasonable.

  126. Deborah,

    The part that cracks me up is: “you may also keep your rights to pursue a lawsuit against your mortgage servicer…”

    Based on what has transpired thus far in most of those “settlements”, the way i read it is: “except under extremely special circumstances and conditions pretty much no one will fulfill, you are renouncing all of your rights to pursue…”

    I’d be weeping too.

  127. ARIZONIANS
    re National mortgage settlement
    did any of you get “the letter” from Tom Horne,
    iI know this is off topic but i got the letter, NOW we all know its another smoke & mirror effort if you can call it an effort, id call it a total sell out but who am i to say such a thing, well anyhoo i want to highlight some wording contained in that letter for your “preponderance” for those of you who have a clue, first off “you MAY be eligible”, second, :” this amount is based on all borrowers ELIGIBLE for submitting CLAIM FORMS”
    THEN IT SAYS THIS : if you CHOOSE to participate the amount you receive will very likely be more than $840.00 (i wept)
    “you may also keep your rights to pursue a lawsuit against your mortgage servicer (wells fargo in this case and incidentally T &B were the foreclosing attorneys retained by Fannie Mae- yes) HOWEVER any payments you receive from the SETTLEMENT may reduce payments you may be eligible to receive in any other foreclosure claims process or legal proceeding”.
    WOULD LOVE TO SEE A TOPIC ON THIS SETTLEMENT BECAUSE DO YOU REALLY THINK I TRUST THAT IF I TAKE A PAYMENT ITS NOT GOING TO BE USED AGAINST ME IN MY LAWSUIT.
    THE TRUST IS GONE GONE GONE. RE WELLS FARGO- MUCH MUCH BIGGER ICEBERG.

  128. I found this link interesting. It is mortgage bankers guide lines for Closing Protection Letters. I know a lot of people have stated attorneys are expensive but if the title company was negligent it seems as if it should pay to defend title in the event of a law suit? Just my non-attorney mind thinking.

    The policy would only protect title from the recording and what happened prior but my thoughts are they would be liable and possible co conspirators? After foreclosure maybe even some type of damages. I know in my state the Dept of insurance regulates insurance companies and if the title company refused to pay out I would inform them and see if they could get put some additional pressure on them

    Not saying this will work just trying to thinking this might be an avenue to explore if you don’t have money to fight and even if you do why pay if you don’t have to? Isn’t that the purpose of a “title policy” to protect from claims. Like fradulent claims from the wrongful party. Just saying…

    http://www.mbaa.org/files/Conferences/2008/2008LIRC/LIRC08MAY8NEWAndrewStutzmanDevelopments.pdf

  129. Go throw your temper tantrums where people care. We all have our problems and you’re not the center of the universe. Do you see anyone else here bitching and moaning from morning to night like you? You’re a useless, selfish imbecile. Go handle your shit and stop bugging everyone with it.

  130. One more thing….can the FED tell US WHERE ALL OF OUR PAYMENTS WENT & WHY THEY DID NOT PAY BACK THE ORIGINAL LOAN……? NOT SO FAR……..AND THAT IS MY LEGAL RIGHT TO KNOW….I PUT $100,000.00 DOWN ON MY HOUSE…..ALMOST HALF DOWN…AND PAID ON TIME FOR 18 YEARS……THEREFORE…UNTIL THEY SHOW ME WHERE MY BIG FAT PAYMENTS WENT…..I WOULD NOT SEND THESE ROBBERBARRON CROOKS ANOTHER DIME….I WOULD BE AIDING & ABETTING THESE CROOKS IF I DID…THAT WOULD BE TREASON NOW WOULDN’T IT…..? ARREST THESE CROOKS…!

  131. The banks don’t lend their money shadowcat….they “borrow” ours via the U.S. TREASURY DEPT……and they never pay back what they borrow….ITS CALLED THE ORIGINATION FRAUD..REMEMBER…? The U.S. TREASURY SHOULD NOT BE LENDING THE FED OR THEIR BANKS ANY MORE U.S. TAXPAYER MONEY FOR THEM & THEIR INVESTORS TO PLUNDER & STEAL……BLOOMBERG REPORTED TODAY THE TREASURY IS A TRILLION IN THE RED..MAKE THE CROOKS PAY US BACK….THERE SHOULD BE NO LENDING TO THE FED..EVER AGAIN….! STOP BLAMING THE U.S. TAXPAYERS FOR THEIR OWN ROBBERY….! THAT’S NAZI B.S…!

  132. Well you really had the upper hand all along. You had the receipts in your possession. Foreclosure victims in most cases, have no clue. They trust the whatchamacallit attorneys and don’t do their homework before they go. That is their first mistake. People are still too trusting. Why do you pretend you know the facts of my cases…? Did the FEDS hire you because you caught them trying to screw you…?

  133. I may be Silly and Simple Minded … but I’m no Fool!

  134. Mr Bankster threatened to have me prosecuted and jailed……. I turned the tables on him. Looky whos being prosecuted …

  135. It was a Good Thing for us we have Excellent Medical Coverage and an HSA. Others are not so lucky. Anyhow …. went to market to sell our cookie ……….. Mr Bankster files NOD claiming the last three month auto pays were NSF. I sent copies of my bank statements. They said not acceptable. So I go to bank and get copy on Bank Letter Head. Mr Bankster accuses me of commiting a federal offence by forging a document on bank letterhead. He continues to file LP and FC. Ut Oh……. He Lost! Its been a Pleasure Exposing who the Real Felon is.

  136. If what you are saying about the Walmart worker is true….they were thrown out long ago.. The facts are undeniable, it was not those loans that caused this….Those were only 20% of the “loans”….and a healthy amount of risk the financial experts say. This crap was all manufactured by the so called wizards of Wall Street….Who sold millions upon millions of real junk to all of us…on behalf of THEIR INVESTORS……..THATS RIGHT…….THEIR INVESTORS ARE THE REAL CULPRITS HERE….NOW..DON’T BLAME THOSE POOR WALMART WORKERS……THEY ARE VICTIMS IN MANY WAYS….PEOPLE SHOULD NOT SHOP THERE…..BECAUSE THEY TREAT THEIR WORKERS LIKE SHIT…WHILE THEIR INVESTORS ARE LIVING HIGH OFF OF ALL OF US…..!

  137. Unfortunatly Colleen there were/are alot of bad attorneys. You should file a complaint against him to your AG, BBB and the Bar. Its difficult to find an attorney to sue another attorney … I know. If you cant find one… file a lawsuit yourself against the attorney. I dont know your state laws or what you can do to get the house back. If the Attorney was a Local Greedy Yolko …. he will have profited from your case being lost.

  138. Shadowcat…Now isn’t that treacherous…? I wouldn’t want to be them when their maker comes to call.

  139. True and thanks hman as I think so too! I didn’t get this info unfortunitely till AFTER the foreclosure and sale and the lawyers we hired didn’t bother to ask AND lied to us when asked when was the court date that WE find out later-HE doesn’t show up too!-CANT TRUST anymore! We gave him 5 thousand up front and a large percentage of payout. I just want to know if I could GET my home back AND how could I?

  140. In 2002…. makes me older than Neil. In a manner of speaking…

  141. Ivent says …”””You shouldn’t be so arrogant because you never know…..you or anyone could be their next victim. “”” ……………………………….

    I was their first …….. their mistake. Neil is right about one thing, Wrongful FC suits are going to be a profitable honest living for many Attorneys for years to come.

  142. Colleen,

    I think you have the “golden ticket”! The funding instructions identify a different party that what is on the DOT! Like we’ve read many times the lender was misidentified on purpose. (I think the didn’t want their names associated with these crappy loans, hence the reason to create a “servicer”, most often a subsidary of the bank writing crap loans).

    Not giving legal advice but I think if you made them aware of the ammo you have they’d back off. Also, who’s to say the title company isn’t liable for damages or to defend title in a lawsuit either? Wouldn’t that be considered knowledge of the fraud? Aiding and abetting? Color of title?

    I don’t know but I’d talk to an attorney. I think you would have a good shot.

  143. Dead in the Water ….

  144. The so called “good risk” borrowers..ha..! If they only knew how the bodies of the victims of this scam are piling up…

    Bloomberg news reporting food stamps usage are at a record low…..The truth is being hidden there too…..peoples food stamps are running out and being replaced with jobs that don’t pay enough….

  145. Enraged…..they don’t want to help the people. The politicians pretend, while they continue to do nothing for the people. CNBC said today… refis are way up….! Poor people. Their graves are being dug.

    An Obama supporter told me …..Obamas hands are tied. I disagree….Obama wants to tie our hands to a quadrillion in bankster fraud. Thankfully, most Americans aren’t buying his scam.

    Thanks Neil … I know they never sold the loans. They played musical chairs with them. Only when the music stopped, their game was just beginning.

    You know what shadowcat ? The people who aren’t paying anymore paid their goddamned bills on time their entire lives… When you have your business or livelihood stolen from you …you can’t pay.. Blame the credit overselling crooks & sheisters on Wall Street who did this to you….NOT THE VICTIMS…You shouldn’t be so arrogant because you never know…..you or anyone could be their next victim.

    Bankster on Bloomberg news says 97% of people are paying their crap on time. I guess he means 97% of the 53%…the people who are still oblivious to the scam…

  146. I dunno Carie, … How does a Walmart Employee afford a half million doller home? Anyhows …. There are legitimate reasons for Bk,… loss of job, medical bills and such.

  147. Neal, what do you mean by?-The bond received by the creditor not signed by the borrower What bond?- and which creditor?
    home123 or New Century? They are both on the DOT.
    Also, I was givin by the title co. the wired transfer and lending instructions which of course were different names then of the note creditor.

    And my closing agent was my title agent, escrow, witness and notary.
    I also have 15 checks made out to the various agentcys like the real estate, insurence,and taxes on a bank account in the town that the agent signs for all of them. All adding up to the cost of the home which was done BEFORE the closing-seperate. It took 2 foreclosures
    a year and a half apart and I still lost it AFTER hiring 2 lawyers.

    .

  148. The insensitivity is unbelievable. How can someone “pay their bills” if they can’t find a job—because of the creation of this systemic fraud and ensuing complete crash caused by the banksters/Wall Street criminals?
    Next you’ll be saying “Let them eat cake”.
    Oppression lives.

  149. “Sticks & Stones” …. Anyhows, …. I know who the Real Victims Are and I know who the Freeloaders Are …. Its irks the normal person when a BK recipent getting a hand out … Acts all Smug,. While the Real Victims (whom pay their bills) are being Re-Victimized without Councel.

  150. Shadowcat, adding nothing to the thread as usual …… Tired of this pussy

  151. Neil said:

    “The only valid written item is the wire transfer instructions from which you will often be able to determine from the instructions to the closing agent, the source of funds and whose loan is it anyway.”

    ?????

    WRONG.

    not correct — 1) that somehow “investors” funded the mortgage loan and 2) that if someone else is making payments on the loan the borrower is not in default.

    First, “certificate purchasers” are the banks themselves (security underwriters), and they only purchase a “pro-rata” share to a “pool” of cash flows —- that is all — they are NOT the mortgagee/creditor—the trust is assigned the loans from which the pass-through cash flows are derived—it is the DEPOSITOR (subsidiary), that owns the collections rights (they are not mortgage loans), and the Trust itself. The “certificate purchasers” (the bank security underwriters (another subsidiary) themselves) then repackage the certificates to “pro-rata” cash flows into CDOs that are marketed to security investors — who are also never the mortgagee/creditor. According to all PSAs — there must be a documented valid sale of the “loans”, with supporting Mortgage Schedule to the Depositor in order for any Trust to be valid. There was never any valid sale of loans — and the loans were never actually loans — they were collection rights.

    Second, since the “loan” refinances (subprime/alt-a), and jumbo new purchases were non-compliant and non-performing manufactured defaults, no funding at all was necessary (except for the cash-out for the loans). The warehouse lines of credit never actually transferred any actual cash for funding. These lines of credit were simply “credit lines” that the “Depositor” would provide to their correspondent lenders. Once the “loan” refinance origination was completed the Depositor would then reverse the “credit” owed by the correspondent (originator). This never involved any actual deposit of cash proceeds —- the “funding” payoff check is never “deposited” into any bank account. The check is routed to a security derivative clearing house — who then simply cancels the credit-line transaction.

    Third, it is not productive to state that since someone else was actually making payments on the “loan”, “albeit” not the borrower, that the loan is not in default. Courts do not care about this — they only care if the borrower is in default. However, if the actual party does not come forward claiming that the debt is owed to them, and the actual party cannot prove how they came to own the collection rights — borrower does not owe the debt to anyone. That party is never going to able to demonstrate that collection rights belong to them because they would have to divulge the above fraudulent process and that the “mortgage loan” from onset was not a mortgage but, instead, collection rights. This admission would also mean that the “debt” is unsecured and can be (if laws are truly followed) discharged in BK.”

    As to loan numbers — One of the first things done in “debt collection” — is to change the “loan” number.. Why?? the prior loan has been charged-off — and very difficult – tax wise — to reverse non-accrual on charged off debt. Once loan charged-off — impossible to pay on that loan without extreme accounting reversal. In practice, never done. Prior loan number — gone.”

    “Distressed debt buyers have been heralded since the days of Alan Greenspan — when he praised their function after 9/11. And, this is why government is reluctant to help homeowners. Doing so would mean that “contracts” privy to secrecy by deregulation — would have to be exposed — and, would subject participating parties to litigation – including prior fraud upon courts. ..”

    “…There was never a valid note. All you have is a modification of debt that masqueraded as valid “note.” Indeed, with the refinance the prior MORTGAGE was never (validly) discharged/cancelled, and the subprime “loan” just modified it’s terms. I am more concerned about the MORTGAGE — rather than the “fake” note. Too many are assuming that the Note is valid under the UCC. It is not, since the prior note was never paid, and the prior Mortgage never validly discharged. In effect, borrowers not only owe the last “loan” in question, but also the loan prior to the loan in question. A situation that likely destroys borrowers “credit” indefinitely. You do not cancel a “NOTE”, a note is marked “PAID”. You cancel/discharge/satisfy the Mortgage/Deed of Trust. But, again, I think that there are some very important issues here. Homeowners, who have been foreclosed upon, need PROOF, that the foreclosure was valid, by a valid creditor, and that all proper documents have been legally and validly filed in order to make sure that NOTHING remains outstanding. This is especially important as notes were not valid “notes” and instead “debt collections loans”, that MUST be properly disposed of — outside the valid mortgage/loan arena.

  152. If you were an Invester would you loan your money to a Bank or a Freeloader? I think NOT!

  153. Oh Boy…… If its going to be a debt jubilee, I better hurry up and purchase myself a Big House, An Expensive Car and a Few Diamonds to boot …… After all according to the trash we get in the mail … we can get all the credit we want …. Whoooo Who …… Its their fault for giving it to me! And they wonder why credit is tight these days ….. Gimme A Break!

  154. Step by step, country by country, world debt is being erased. I have absolutely no doubt that the world is moving in the right direction.

    https://www.adr.com/Markets/GlobalNewsStory?docID=1-DN20121012004568-70UQH10RAH0FH8JPC13UELNKPV

    Paris Club Approach Myanmar over Debt Forgiveness
    7:05 AM ET on Friday, October 12, 2012

    TOKYO–The Paris Club of sovereign creditors is planning to start negotiations with Myanmar in January, a move that may free the country from a sizeable chunk of its $7.7 billion foreign debt pile, three officials familiar with the negotiations said. But the group will demand the government in Nay Pi Taw adopt an International Monetary Fund program, the officials said.
    “The expectation is that the Paris Club will invite Myanmar to discuss ways to ease its debt burden under certain conditions,” said one of the officials, who declined to be identified. “The conditions will have to include an IMF program that will aim to bring Myanmar to a sustainable growth path.”
    An IMF spokesman said the fund wouldn’t comment on a Myanmar program at this time.
    Alongside with the euro-zone crisis, Myanmar, which is in a slow transition toward a more democracy government, has been prominent on the agenda at the meeting of the world’s top policy makers here.
    Japan’s aggressive actions to put the once-pariah country on the agenda at the IMF annual meetings has proved effective in moving up the timetable for opening the country’s economy.

    Click on the link for the entire article.

  155. I am non violent by nature but I would punch that arrogant bastard’s lights out in a jiffy. ToLLe, would you give me hand?

  156. @Linda…. the Banks are refi the buybacks, getting liability waivers for the mark left by the beast. The refi .. Homestead Exemption Waivers .. perfecting a new lien. Then they sell them back to taxpayers. Now wouldnt you agree the real victims are the ones doing the refi whom have been marked by the beast? Who do I work for? …. those that pay their bills. End of Story!

  157. As times goes on, I see that this scheme is clearly the microcosm of a much larger scheme. We shall have to see how that unfolds.

    For instance, we know that with QE3, the Feds are buying up our mortgages. “How are they doing this,” the question was asked.
    “Out of thin air,” was the response. They are printing more FRN’s to buy MBS’s and that includes all mortgages, not just defaults. The Fed’s plan is to own every mortgage in the land. It was said they will use all mortgages to bet on the derivative market.

    I heard this on an interview with Lindsey Williams on Alex Jones on Max Keiser’s site.
    http://maxkeiser.com/2012/10/11/lindsey-williams-the-final-countdown/

  158. Freeloader…..

  159. Imbecile.

  160. Yes.. Yes.. Enraged. Did you Thank the People for their Service of Getting the Proof out of the Pudding or are you to busy questioning their sanity? Just Wonderin ….

  161. I love it. Love it, love it, love it.

    JOSE BARRIONUEVO,et aI., Plaintiffs,
    v.
    CHASE BANK, N.A, et. al., Defendants.

    No. C-12-0572 EMC.
    United States District Court, N.D.California.

    August 6,2012.

    ORDER DENYING DEFENDANTS JP MORGAN CHASE BANK, N.A. AND
    CALIFORNIA RECONVEYANCE COo’S MOTION TO DISMISS (Docket No. 23)
    EDWARD M.CHEN, District Judge.

    I. INTRODUCTION
    Plaintiffs Jose and Flor Barrionuevo (collectively “the Barrionuevos”) sued Defendants JP Morgan Chase Bank
    (“Chase”) and California Reconveyance Corporation (“California Reconveyance”) on February 3, 2012, after California
    Reconveyance attempted to foreclose on a Deed of Trust (“DOT’) that the Barrionuevos executed for the purchase of a
    home in California. Pis.’ Opp. to Mot.to Dismiss (Docket No. 25) at 1. Chase is the successor in interest to Washington
    Mutual Bank (“Washington Mutual”), who executed the DOT with the Barrionuevos and funded the loan for the purchase
    of the subject property. In their amended complaint, the Barrionuevos assert claims against Defendants for wrongful
    foreclosure, slander ottitle, violating California Civil Code § 2923.5, and violating California’s Unfair Business Practices
    Act (Cal. Bus. Prof. Code §§ 17200). See Pis.’ Am.Com pI. (Docket No. 20). On February23, 2012, the Barrionuevos
    moved ex parte fora temporary restraining order barring Defendants from completing California’s nonjudicial
    foreclosure process, which this Court denied on February 29, 2012, after a hearing on the merits. See Pis.’ Mot.for TRO
    (Docket No.5); Min. Entry Den. TRO (Docket No. 13). California Reconveyance and Chase thereafter filed a motion to
    dismiss pursuant to Fed. R. Civ. P.12(b)(6). See Defs.’ Mot.to Dismiss (Docket No. 23). Having considered the papers
    filed in support of and in opposition to the instant Motion, the Court deems the matter appropriate for decision without
    oral argument. Fed. R. Civ. P. 78; Local Rule. 7-6. For the following reasons, Defendants’ motion is DENIED.

    Entire ruling here:
    http://www.msfraud.org/LAW/Lounge/BARRIONUEVO-v-CHASE-survives-MTD_wrongful-foreclosure_Slander-of-Title_8-12.pdf

  162. From Msfraud:

    An investigator in the northwest uncovered a scam – so big – that authorities claim it needs multi-state attention. It appears Green Tree Servicing has been flying under the radar and was hardly noticed until a recordation research team began uncovering similarly signed documents – yup, the old robo-signed Assignment of Mortgage trickery again… but this time new and improved via computer, maybe for speed and precision, ya think?

    Computerized Robo-Signing: Is Green Tree Servicing Taking Robo-Fraud to a Whole New Level?
    Posted on October 10, 2012

    Never let it be said that where there is big money invested, there won’t be crooks in the kitchen. It doesn’t matter how big you are there’s always a short cut that can that can potentially create more wealth – if you don’t get caught.

    An investigator in the northwest uncovered just such a scam – so big that authorities claim it needs multi-state attention. It appears Green Tree Servicing has been flying under the radar and was hardly noticed until a recordation research team began uncovering similarly signed documents – yup, the old robo-signed Assignment of Mortgage trickery again… but this time new and improved via computer, maybe for speed and precision, ya think?

    It appears the signatures are in the computer – no dummies needed to sign – just fill in the blanks and push the buttons (as if that wasn’t committing an unlawful act)… “Who, me? I just filled in the information and pressed print…” Why bother to use humans when computers will do just the same… and what are they going to do – arrest or sue the computer?” How about the programmer or the button pusher or the boss?!

    Take a look at a sampling of the Green Tree Servicing documents recently collected and ripe for forensic examination:

    Click here to view and read the rest of the article.
    http://deadlyclear.wordpress.com/2012/10/10/computerized-robo-signing-is-green-tree-servicing-taking-robo-fraud-to-a-whole-new-level/

  163. “It turns out that if you actually help your citizens and jail the bankers… it helps your economy greatly.”
    Iceland Dismantles Corrupt Gov’t, Then Arrests Bankers

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