California Homeowner Bill of Rights

California Homeowner Bill of Rights

W. Scott Shepard

The California Homeowner Bill of Rights, which the California Senate and Assembly enacted on July 2, 2012, was very recently signed into law by the Governor on July 12, 2012 (“The Act”).  These new foreclosure laws will not go into effect until January 1, 2013[1].  The Act resulted from the continuing residential foreclosure crisis that is plaguing California and negatively impacting the California housing market and the state and local economies.  The lofty goals of the Act are to help stabilize the California housing economy and to ensure that borrowers who are in the foreclosure process, and who may qualify for foreclosure alternatives, are considered for and given a meaningful opportunity to obtain available foreclosure loss mitigation options, such as loan modifications, forbearance agreements or repayment plans, that are offered by their lenders.

As discussed in detail below, the proponents of the Act state that it seeks to stop alleged current foreclosure abuses by lenders and mortgage servicers relating to “dual tracking” (lenders pursuing foreclosure while at the same time negotiating a loan modification with the borrower), “robo-signing” of foreclosure documents (lenders or mortgage servicers signing foreclosure documents without any investigation of the basis and validity of the underlying loan default), and lenders giving borrowers in default the run around and multiple different points of contact during the various phases of the foreclosure or modification process.  The Act seeks to meet these goals by: 1) expanding existing foreclosure protections and the new protections contained in the Act to apply to broadly defined “mortgage servicers”; 2) by preventing mortgage servicers from proceeding with a foreclosure until certain contact has been made or notices have been provided to the borrower and preventing the recordation of a notice of default or notice of sale while a foreclosure prevention alternative is in process; 3) creating the requirement of a single point of contact at the foreclosing party for the borrower once they have requested a foreclosure prevention alternative; and 4) giving borrowers the right to sue the mortgage servicer for injunctive relief, actual damages and treble damages, for violation of the provisions of the Act and the right to recover their attorney’s fees and costs if they prevail.  The Act and its protections only apply to first lien mortgages or deeds of trust that are secured by owner-occupied residential real property containing no more than four dwelling units.  This means that for the Act to apply, the loan in default must be in first position on residential property that is the borrower’s principal residence which also serves as the security for a loan made for personal, family or household purposes.  Importantly, the Act does not apply to: 1) entity borrowers; 2) borrowers who took out loans to purchase investment property; 3) borrowers in default who are already in bankruptcy; 4) borrowers who have already surrendered their property to the lender; or 5) borrowers who have contracted with someone or an entity whose primary business is advising people on how to extend their foreclosure and avoid their contractual obligations under the loan..  In addition, the Act is mostly directed at larger lenders.  Most of the provisions of the Act only apply to lenders that foreclose on more than 175 residential properties per year. 

A.        Mortgage Servicer Added.

The Act broadens the scope of the coverage of the foreclosure protections by making them applicable to residential loan “mortgage servicers” in addition to lenders.  The Act broadly defines “mortgager servicer” to include a person or entity who directly services a loan, or who is responsible for interacting with the borrower, managing the loan account on a daily basis either as the current owner of the promissory note or as the current owner’s authorized agent to a master servicer by contract.  (Civil Code §2920.5(a).) In most situations under the Act, the Act applies to “mortgage servicers” as well as to the mortgagee, trustee, beneficiary, or authorized agent thereof under a deed of trust or mortgage.  Under the Act, a mortgage servicer does not include a trustee or a trustee’s authorized agent acting under a power of sale in a deed of trust.  (Civil Code §2920.5(a).)  This is an important change because the proponents of the Act contended that some lenders were contracting with separate entities to manage and service their residential home loans who were thus outside of the scope of earlier foreclosure protection legislation.

B.        Dual Tracking.

The Act seeks to prevent a lender from proceeding with a foreclosure, while at the same time negotiating with a delinquent residential borrower on a loan modification, a scenario sometimes referred to as “dual tracking.”  Dual tracking is a very common situation that lenders find themselves in when a borrower reaches out to them about a loan modification or a loan workout after a lender has already started foreclosure.  Under the Act, before a mortgage servicer, as broadly defined, may record a notice of default, the mortgage servicer must, in addition to any already existing contact or notice requirements, send to the borrower: 1) a notice advising that if the borrower is a servicemember, i.e. a member of the United States uniformed military, or dependent they may be entitled to certain additional protections under the law, and 2) a written statement that the borrower may request a copy of the promissory note, deed of trust or mortgage, any assignment of the mortgage or deed of trust, and the borrower’s payment history since the borrower was last less then 60 days past due.  (Civil Code §2923.55(b)(1).)  Where a borrower submits a complete (meaning all documents requested by the lender have been provided by the borrower) application for a first lien loan modification, a mortgage servicer may not record a notice of default or notice of sale or conduct a trustee’s sale until such time as the borrower’s loan modification process has been completed and the time for an appeal of any adverse decision has passed, or the appeal has been completed, and if a loan modification is entered into, as long as the borrower is not in default under the modification.  (Civil Code §2923.6(c)-(d).)  Similar provisions in the Act apply to smaller lenders, specifically lenders or licensed individuals who foreclose on 175 or less residential properties per year.  (Civil Code §§2923.5(a)(f) & (g) and 2924.18(b).)

These provisions provide that once a borrower submits a completed application for a loan modification, the lender cannot thereafter record a notice of default or a notice of sale or conduct a trustee’s sale until the borrower has completed the loan modification process in all respects.  There is no bright line rule or definition set forth in the Act as to what constitutes a complete application for a first lien loan modification other than the vague statement that it means that the borrower has provided all of the documents requested by the lender.  Lenders will need to set up very clear loan modification procedures, applications and lists of requested documents in order to help them determine when an application for a loan modification is “complete” under the Act.

C.        Changes to the Loan Modification Process.

The Act also sets forth new specific requirements that apply to a first lien loan modification.  Whenever a borrower submits any document in connection with an application for a first lien loan modification or a complete application for a first lien loan modification, the mortgage servicer must provide the borrower with a written acknowledgement of receipt within five days of the receipt of the document(s) or completed application.  (Civil Code §2924.10(a).)  The Act does not define the term “document” or what constitutes an “application” for a first lien loan modification.  Therefore, to comply with the Act mortgage servicers will have to interpret these terms very broadly.  Upon receipt of an application for a loan modification, the mortgage servicer’s written acknowledgment of receipt to the borrower must also include a description of the loan modification process, its timeframes and any deadlines, any expiration dates for documents submitted, and written specification of any deficiencies in the application.  (Civil Code §2924.10(a).)  Where a borrower submits a complete application for a loan modification, the mortgage servicer must provide the borrower with a written response if the lender denies the application.  This written notice must include the specific reasons for the denial and the deadline for the borrower to appeal the denial (30 days).  (Civil Code §2923.6(f).)

D.        Single Point of Contact Established.

The Act requires a mortgage servicer to provide a borrower who has requested a foreclosure prevention alternative with a single point of contact from that point in time forward throughout the loan modification process and with at least one direct method to reach the point of contact.  (Civil Code §2923.7(a).)  This provision will compel lenders to come up with new processes or procedures that may not have existed before this legislation for insuring that a borrower requesting or going through a loan modification has a single point of contact at the lender throughout the process.  The mortgage servicer must ensure that the single point of contact has the knowledge, responsibility and authority to:  1) communicate to the borrower the process by which the borrower may apply for available foreclosure prevention alternatives; 2) coordinating receipt of all necessary documents and notifying the borrower of any missing documents; 3) timely, adequately and accurately inform the borrower of the current status of the foreclosure prevention alternative; 4) ensure the borrower is considered for all of the foreclosure prevention options offered by the mortgage servicer; and 5) have access to persons with the power to stop the foreclosure.  (Civil Code §2923.7(a).)  In addition, the single point of contact must remain assigned to the borrower’s account until all loss mitigation options have been exhausted or the loan is brought current.  (Civil Code §2923.7(c).)  In an effort to make this requirement less onerous on lenders, the Act allows the single point of contact to be a team of personnel.  However, each individual in the team must have the ability and authority to perform each of the tasks set forth above, and each must be knowledgeable about the borrower’s status in the foreclosure prevention process.  (Civil Code §2923.7(a).)

E.         Robo-Signing Eradicated

The Act seeks to do away with a prior lender bureaucratic necessity called “robo-signing.”  The Act provides that any declaration, notice of default, notice of sale, assignment of a deed of trust, or substitution of trustee recorded in a foreclosure on behalf of a mortgage servicer, or a declaration filed in a court relating to a foreclosure, must be accurate and complete and supported by reliable evidence.  (Civil Code §2924.17(a).)  In addition, before filing or recording any of these documents, the mortgage servicer shall have reviewed competent and reliable evidence that substantiates the borrower’s default and the mortgage servicer’s right to foreclose.  (Civil Code §2924.17(b).)  A court may hold a mortgage servicer liable for a civil penalty of $7,500 per mortgage for repeated violations of this requirement.  (Civil Code §2924.17(c).)  In addition, no entity shall initiate the foreclosure process or record a notice of default unless and until it is the holder of the beneficial interest under the mortgage or deed of trust, the original or substituted trustee under the deed of trust, or the designated agent of the holder of the beneficial interest.  (Civil Code §2924(a)(6).)  The Act does not define the term “designated agent.”

F.         New Notice Requirements.

1.         After a Notice of Default Recorded.

Within five days of the recording of a notice of default, the mortgage servicer that offers foreclosure prevention alternatives must send a written notice to the borrower informing the borrower: 1) that the borrower may be evaluated for a foreclosure prevention alternative or alternatives; 2) whether an application is required in order to be considered for a foreclosure prevention alternative; and 3) the method by which a borrower may obtain an application for a foreclosure prevention alternative.  (Civil Code §2924.9(a).)  This new notice requirement does not apply to any borrowers who have already exhausted the loan modification process described above in Civil Code section 2924.6.

2.         Postponed Trustee’s Sales.

The Act sets forth an additional notice requirement that benefits borrowers.  Until January 18, 2018, whenever a trustee’s sale is postponed for a period of at least 10 business days, a mortgagee, beneficiary, or authorized agent shall provide written notice to the borrower of the new sale date and time within five business days of the date of the postponement.  (Civil Code §2924(a)(5).)  The Act clarifies that a failure to comply with this new notice requirement does not invalidate an otherwise valid a trustee’s sale conducted in violation of this provision.

G.        No Application Fees or Late Fees.

The Act prohibits mortgage servicers from charging borrowers application fees for a first lien loan modification or other foreclosure prevention alternative.  Secondly, the Act forbids a mortgage servicer from charging borrowers late fees under the loan for the period during which the loan modification is under consideration, while a borrower has filed an appeal of the denial of a loan modification, or the borrower is making timely modification payments.  This removes a prevalent abuse (as perceived by the promoters of this legislation) where a borrower’s late fees were still accruing and accumulating while it was attempting to negotiate a loan modification with the lender.

H.        Right to Sue Mortgage Servicers for Injunctive Relief, Damages, Treble Damages, and Right to Attorney’s Fees.

One of the most important provisions of the Act from a lender’s perspective is that it provides borrowers with the right to sue mortgage servicers for injunctive relief before the trustee’s deed upon sale has recorded, or if it has already recorded, to sue for actual economic damages, if the mortgage servicer has not corrected any “material” violation of certain enumerated portions of the Act before the trustee’s deed upon sale recorded.  (Civil Code §2924.12(a).)  In an area that will certainly open up a Pandora’s Box of litigation, the Act does not define what constitutes a “material” violation of the Act.  If a court finds that the violation was intentional, reckless or willful, the court can award the borrower the greater of treble (triple) damages or $50,000.  (Civil Code §2924.12(b).)  Furthermore, a violation of the enumerated provisions of the Act is also deemed to be a violation of the licensing laws if committed by a person licensed as a consumer or commercial finance lender or broker, a residential mortgage lender or servicer, or a licensed real estate broker or salesman.  (Civil Code §2924.12(d).)  Lastly, in a one-sided attorney’s fee provision that only benefits borrowers, the court may award a borrower who obtains an injunction or receives an award of economic damages as a result of the violation of the Act their reasonable attorney’s fees and costs as the prevailing party.  (Civil Code §2924.12(i).)  This provides all the more reason for lenders and mortgage servicers to comply with the terms of the Act.  This provision for the recovery by only the borrower of their reasonable attorney’s fees makes it more likely that borrowers will file litigation against mortgage lenders or servicers than they otherwise would.  Compliance is the lender’s or mortgage servicer’s best defense to litigation under the Act.

Significantly for lenders, as long as the mortgage servicer remedies the material violation of the Act before the trustee’s deed upon sale has recorded, the Act specifically provides that the mortgage servicer shall not be liable under the Act for any violation or damages.  (Civil Code §2924.12(b) & (c).)  The Act also clarifies that signatories to the National Mortgage Settlement who are in compliance with the terms of that settlement, as they relate to the terms of the Act, will not face liability under the Act.  (Civil Code §2924.12(g).)


[1]  Many of the provisions of the Act have sunset provisions for January 1, 2018.  However, the Act also includes matching provisions for some of the sunsetting provisions that become operative on January 1, 2018.



139 Responses

  1. I understand Enraged … Yes… we have Greedy and Evil here as do all countries. But not the Majority! Dont be so hasty in to grouping them all together. If your American … then you seem to be pulling the rug from under your own feet. I agree also … we have more than our share of Wanna’Bee Freeloaders to, but again, the Majority want to do the Right Thing.

  2. “This country has gone to the pots because of its own people”

    You just proved my point with that statement. That is exactly what the politicians and bankers say.


    Everyone—enraged has just proved everything we’ve suspected about her all along with her own haughty words.

    Whatever happens to her will indeed be divine justice.

    Self absorbed, haughty bitch. Your mirror misses you.

  4. SC,

    As an American myself, I have all the right in the world to point to deficiency. And unlike many here, I know when and where to talk and when to shut up.

    But people need to realize that the idea of magnificence and grandeur
    they grew up with… is no longer. Not because of invasion, not because of adverse events. Nope. This country has gone to the pots because of its own people! Because of their apathy, lack of moral courage to actually go out and stand against the banks, because of their chronic fear, ignorance, etc. And because of its fascination with the war machine and determination to either convert everyone to
    its lifestyle or kill those who refuse.

    Can’t even blame it on outside aggressor. This country’s lived by the sword and now, the sword is coming back against it. Devine justice…

  5. I’m getting a little annoyed with the American Bashing Thing. Especially from someone who is at the Mercy of the American Justice System …. Being in that situation and all, one might be more careful with their American Bashing comments. Last time I checked her attorney and Judge were both American. Just a Thought ….

  6. “@enraged—for record—I have ZERO “self pity”—ZERO—what I DO have is COMPASSION for people who are OPPRESSED.”

    HAHAHA! What a joke. Compassion is what people who are not the center of the universe feel for others. Self-centered, self-absorbed individuals are incapable of compassion.

    And then, there is weakness of character displayed by spoiled, immature people. The morbid need to be appreciated, applauded, congratulated, adulated, pitied, etc. Prevalent among many women on this site. Must be an American thing… no wonder so many American men go out of the country to find a wife. I’d do it too if I were a man…

  7. @enraged you’re so full of it—you know that was directed at me—you just couldn’t resist being a bitch—it’s what you live for. Pathetic—I have to go now, sweetheart—unlike you—I actually have a life and a family that loves me…you, on the other hand…well…go back to your ego-driven drivel and empty life…the mirror needs you.

  8. @enraged—for record—I have ZERO “self pity”—ZERO—what I DO have is COMPASSION for people who are OPPRESSED.
    Something you have absolutely NO IDEA how to relate to…No idea what that even means.

  9. 1:56 pm… Odd. Some unconcerned people seem to concern themselves over general statements and seem determined to take everything very personally…

    Amazing the level of immaturity some people have, thinking that they are the center of the universe and everyone’s pole of attraction. Quite strange, indeed.

    Your typical bullshit whining directed at me began at your 1:56 pm comment…you know it was directed at me—so—YEAH—YOU FLING YOUR BULLSHIT MY WAY WHENEVER I MAKE A COMMENT…
    I don’t put up with your shit. I don’t EVER send a comment your way—unless you fling your crap at me FIRST…yet your ego has to chime in with your put-downs—like I said—you’re a COMPLETELY SELF ABSORBED BITCH…alone and unloved because of it.

  11. Pretty good for someone who “never addressed you.” Keep wallowing in your self-pity if it pleases you. I, for one, will keep on debunking freedom-of-speach-without-responsibility. An American myth in a vanishing society representing less than 5% of the world population. 95% of the world laughs at that 5% and laughs especially hard at the fact that that 5% is actually self-destructing after having tried so hard to rule the world! What a joke! Oh! And too many countries have the atomic bomb for America to bully anyone… Damn it! Must be tough to be on the losing end.

    “HEY—BITCH THING ONE (enraged)


    “Ah yes, the full-of-herself know-it-all @enraged strikes again.


    “Where are the wins in CA, know-it-all? No where.

    You don’t really give a crap about anything except pretending like you are some brilliant person who’s got it all together and is just SO much better and smarter and loftier than everyone else.

    Pathetic bitch.”


    “Wow, enraged—what a complete bitch you are. I definitely don’t have a fat fanny, and I definitely don’t sit on it all day—you’re the one that has that covered. You sit and think of ways to act superior and deride and insult people—that’s a pretty sad and pathetic life.
    I have done research—and there are no wins in CA.
    I never address you here—yet you always have to chime in with your bullshit directed at me just so you can feed your monstrous ego and feel superior once again.
    It’s really incredible what a completely self absorbed, stuck up, and egotistical bitch you are…which is why you and people like you will die all alone and unloved—but I certainly won’t.”

  12. Wow, enraged—what a complete bitch you are. I definitely don’t have a fat fanny, and I definitely don’t sit on it all day—you’re the one that has that covered. You sit and think of ways to act superior and deride and insult people—that’s a pretty sad and pathetic life.
    I have done research—and there are no wins in CA.
    I never address you here—yet you always have to chime in with your bullshit directed at me just so you can feed your monstrous ego and feel superior once again.
    It’s really incredible what a completely self absorbed, stuck up, and egotistical bitch you are…which is why you and people like you will die all alone and unloved—but I certainly won’t.

  13. “Where are the wins in CA, know-it-all? No where.”

    I don’t have to know that. It’s your state. Not mine. I do my research.

    All I know is that there are quite a few. Check Chasechase, Mccandless and all the CA sites. And I don’t bitch and moan all the time about what “they” should be doing and what “we” must do while sitting on my fat fanny all day long.

    Deal with it. Do or don’t. As simple as that.

  14. Enraged is still cackling… a witch in a broom factory…..bubble, bubble toil & trouble ….. your brew is old & stale….

  15. CNN reporting an alqueda operative (cough, cough) was behind the NY FED bomb plot….sheeze….

  16. Clearly the politicians in non judicial States are breaking the laws of this land. They are clearly fascists.

  17. I am sure you have public property records in California..there are laws in every state in regard to recording a legal lien…..THE U.S. SUPREME COURT ruled on all of these laws that set the legal precedent..Those laws are nationwide…..No State can overrule them or you must file a federal appeal.

  18. Obama said to the banksters in a meeting when he first got elected he was the only thing standing between them & the pitchforks….cue Eric Hold-er..

  19. @Ivent

    I’m referring to specifically California Trust Deeds. All this stuff is different in CA.

  20. In my property records I have a release of deed to public by Chicago Title & Trust when I refied with Amcore Bank in 2007……that is a fraudulent conveyance. Then there is a fraudulent reconveyance recorded as an assignment/deed of trust that was recorded 9 months AFTER the foreclosure lis pends was recorded…from MERS to the failed refi bank to the servicer PHH MORTGAGE…4 years after the refi…..they are crooks…so I went and filed a formal complaint with the recorders office……the guy said he would investigate and he would return my call in a month…that was nearly a year ago..I never heard back..I contacted the FBI WHITE COLLAR CRIMES DIVISION… they told me to call an attorney…I called the States Attorneys office the told me call the State AG….they told me ……you signed that contract… I said no I did not…..they said file a complaint……went to the cops……..we met with a. Investigator from the State AGs office….they told me file a complaint…if the State AGs office doesn’t want to do anything…call the county sheriffs Dept because they are investigating mortgage fraud….or call the FBI & ask for the MORTGAGE FRAUD DIVISION…..yeah right..

  21. Ah yes, the full-of-herself know-it-all @enraged strikes again.

    Where are the wins in CA, know-it-all? No where.

    You don’t really give a crap about anything except pretending like you are some brilliant person who’s got it all together and is just SO much better and smarter and loftier than everyone else.

    Pathetic bitch.

  22. It’s not hard to prove carie…..first look up what an actual legal lien is supposed to look like in your state….make copies of ….the legal assignment AKA TRUST AGREEMENT ….. and what an actual release of mortgage looks like.. look for any alterations or additions on the face of any recorded docs…or your warranty deed….or your property description…any recordings made after the foreclosure lis pends is filed are fraud if there was no legal assignment recorded BEFORE the lis pends was recorded…..those are some…..any releases of the deed to public are fraud as well……

  23. Poor me, poor me, poor me. “They” did that to me. “We” must contact everyone and bitch on my behalf. Grow up, Carie. You’re long overdue.

  24. Struck a nerve, I see. Apparently, the shoe fits…



  27. Bloomberg news reporting FBI arrests man who was going to blow up the NEW YORK FED….sheese..

  28. HEY—BITCH THING ONE (enraged)


  29. Does anyone think that Citi’s President’s resignation may precede all those OCC rulings that are sooooo TARDY ?

  30. Hey—bitch thing one and bitch thing two:

    I’m talking about the “people” in general…the ones that you two seem to despise—just like the politicians do.


  31. No its Not an American Thing! Its a Freeloader .. Deadbeat … trying to get something without doing anything ……. kinda thing. ut ummm

  32. Amazing… all those people who do nothing to help themselves and expect “we” to do it all. Must be an American thing, to sit on one’s butt and wait for everybody else to take actions.

    So far, we have already established that those waiting for “we” to do it all have:
    Not called, written to or otherwise contacted their representatives, AG, senators, etc;
    Not retained attorneys to save them before the manure hit the proverbial fan;
    Not signed any petition and not started any new one with the White house;
    Not written to Obama to inform him of how they felt and what they went through;
    Not contacted OWS, their community legal aid or any other organizations… and the list goes on!

    No matter what happens, “we” the doers will do just fine. Because if what “we” do doesn’t work, we’re so used to taking action that “we” won’t roll over and cave in. Those who lose it all for want of any action… well, life isn’t supposed to be a never-ending party where everything is handed out on a silver plate. It’s like everything else: one gets out of life what one puts into it.

  33. Seriously—we need to figure out something that these ousted homeowners can do—to show how the recorded docs are felonies…with regards to statements in the docs/instruments regarding title…and start suing the entities that recorded them. Just to feel like we are doing SOMETHING to help get the truth out.
    Are there any lawyers in CA doing this? Trying this? I just feel like we need to help the people who have nothing.
    Not “deadbeats” and “freeloaders”—but sincere people who feel like just giving up because the injustice is so overwhelming for them and they can’t find a job, or even a place to live—isn’t there something we can do to help? These people are silent and hiding because they feel ashamed and impotent. There are so many of them out there…but we don’t see them on the news.

  34. “…any other instrument relating to a security interest in or title to real or personal property, and who knows or should have known that the contents or any part of the contents of the instrument are false…”

    Hmmm…sounds like something I could sue the debt collector/servicer, foreclosure mill, and real estate investor/auction buyer for—since I wrote to all of them explaining in detail WHY the recorded “docs/instruments” were false with regards to title…and they proceeded with the theft and recordation of their false documents ANYWAY…


  36. Sorry Carie, It will not let me post the link. Here is the article….
    Wednesday, October 17, 2012

    Criminal Slander Of Title Among Charges Facing Crackpot Who Found Vacant Lakefront Pool Home In Foreclosure, Filed Adverse Possession Affidavit To Claim Ownership & Moved In

    In Meanasha, Wisconsin, the Appleton Post-Crescent reports:
    •A Fox Cities woman is facing criminal charges after she and her adult son moved without permission into a vacant lakefront home in Menasha.

    Marsha L. Anthony, 45, is charged with criminal slander of title as a party to a crime(1) and misdemeanor charges of criminal trespass and criminal damage to property.

    According to the criminal complaint, Menasha police were called to the residence at 822 Emily St. on Aug. 12 for a report of open windows and music at the residence on Little Lake Butte des Morts where no one was supposed to be living. When an officer arrived, he found the electricity and water had been turned on and a lock bolt used to secure a doorknob was lying on the floor.

    When Anthony arrived at the residence, she questioned the authority of officers to be there and showed them a notarized affidavit of adverse possession, which she claimed gave her legal rights to the property’s title. Anthony’s 24-year-old son also was living at the residence. The son has not been charged with a crime.

    During the course of a month-long investigation, police learned that Anthony’s 24-year-old son worked as a subcontractor for a Minnesota-based inspection firm and was given the keys to the residence to inspect it as part of a foreclosure action by Wells Fargo Bank.

    The chief executive officer of the company confirmed the son had been given keys to the residence to conduct an inspection and had not returned the keys. The company sent a second inspector to the property, who reported he was confronted by a man matching Schroeder’s description who threatened “to release the dogs on him,” according to the complaint.

    Police had asked Anthony and her son to voluntarily vacate the property several times during the investigation, but they refused. The son voluntarily went to speak to police on Sept. 13 after he and his mother got into an argument. He told officers he no longer wanted to live at the residence. He said his mother was with him the day he went to inspect the residence.

    She called it her “dream home” and said she always wanted a home on the lake with a pool, the complaint states. He told police he moved into the home on Aug. 9, one or two days after his mother gained access to the property by opening an unlocked patio door. He said he and his mother both had poor credit and had lost their previous place.

    Anthony is due back in Winnebago County Court on Oct. 18. If convicted, she faces 11 years, six months imprisonment and $30,000 in fines. Her son has not been charged with a crime.

    Source: Woman, 45, faces charges for occupying Menasha foreclosure (Son given keys to inspect residence).

    (1) Section 943.60 of the Wisconsin Statutes provides in part:
    •943.60  Criminal slander of title.

    (1) Any person who submits for filing, entering or recording any lien, claim of lien, lis pendens, writ of attachment, financing statement or any other instrument relating to a security interest in or title to real or personal property, and who knows or should have known that the contents or any part of the contents of the instrument are false, a sham or frivolous, is guilty of a Class H felony.

  37. Great interview on CNBC about the FAKE HOUSING RECOVERY……one guest said…. The AMERICAN PEOPLE ARE NOT buying these properties because they have NO MONEY & they CAN’T GET CREDIT……..Guest said the truth is, ……THE GOVERMENT CANNOT TURN FIAT CURRENCY INTO HARD ASSESTS……

  38. @shadowcat

    What case is that you are referring to—with the slander of title charges—do you have the link? Thanks.


  40. Therefore what the Government is doing in foreclosure is illegal..Non judicial foreclosures are outright communist….& bringing a lawsuit with NO LEGAL ASSIGNMENT….IS FASCISM…!


  42. Criminal Slander of Title Charges Filed
    As you read this, Banks are actively committing this crime across the country.
    If convicted, this woman faces 11 years, six months imprisonment and $30,000 in fines for slandering the title to ONE HOUSE!
    Criminal Slander of Title: Any person who submits for filing, entering or recording any lien, claim of lien, lis pendens, writ of attachment, financing statement or any other instrument relating to a security interest in or title to real or personal property, and who knows or should have known that the contents or any part of the contents of the instrument are false, a sham or frivolous, is guilty of a Class H felony…

  43. With all of this subliminal messaging stuff… it sure looks like it is time for everyone to put on their tin foil cap…this junk is deep…

  44. No cuffs, Ivent—just a gentle slap on the wrist and a new bottle of champagne!! Whoopee!! We’re all going to hell and we don’t care!!

    They will pay for it…eventually…in this world or the next…everybody croaks and answers to their Maker…sooner or later.
    When you fight for land—you are actually just fighting for a gravesite in which to place your human shell…pretty pathetic waste of energy.

  45. I remember on one occasion, early on, the judge calling one of the bankster attorneys motions to commit fraud an “instant action”…freaking crooks…object to everything people…..make the crooks show proof….they lent you something of value…they can’t ….

  46. That’s what they have been doing for years now shadowcat….they are all IMPOSTERS … where’s the cuffs…?

  47. CNBC reporting APPRAISAL FRAUD by the banks employed by DODD-FRANK……could destroy a housing recovery……The suggestions were stupid…..write a complaint letter to the appraiser or be choosy about your (pretender) lender…….yeah right….! They are all the same entity….including the realtors…..they are ONE GIANT RICO OUTFIT. LIARS…..

    2006 – Subsec. (a). Pub. L. 109-248 inserted last sentence in
    concluding provisions.
    2004 – Subsec. (a). Pub. L. 108-458 substituted “be fined under
    this title, imprisoned not more than 5 years or, if the offense
    involves international or domestic terrorism (as defined in section
    2331), imprisoned not more than 8 years, or both” for “be fined
    under this title or imprisoned not more than 5 years, or both” in
    concluding provisions.
    1996 – Pub. L. 104-292 reenacted section catchline without change
    and amended text generally. Prior to amendment, text read as
    follows: “Whoever, in any matter within the jurisdiction of any
    department or agency of the United States knowingly and willfully
    falsifies, conceals or covers up by any trick, scheme, or device a
    material fact, or makes any false, fictitious or fraudulent
    statements or representations, or makes or uses any false writing
    or document knowing the same to contain any false, fictitious or
    fraudulent statement or entry, shall be fined under this title or
    imprisoned not more than five years, or both.”
    1994 – Pub. L. 103-322 substituted “fined under this title” for
    “fined not more than $10,000”.

  49. Thanks, but no thanks… meds needed here…..the truth is all that I need….

  50. More like your faithful & serving evil eye…..the truth has been revealed as promised. You lose. Game over.

  51. Lotsa majik tricks are certainly planned for this halloween by you deceivers…. However, they only work if people believe them……that’s their dirty little secret….

  52. You are just in time for Halloween shadowcat…….blasphemy as a sacrifice….you & your minions are cackling away now…..

  53. Get yer OCD right here, folks!

  54. Bloomberg news reporting….Nike canned Lance Armstrong because of the doping scandal but Nike will still continue to use his name….livestrong to make money for themselves & their investors…..How fitting…..just in time for halloween….. Nike sounds just like a witch in a broom factory….

  55. Time for Group Prayer. Dear God, Please remove such rubbish from our Faithful and Serving Eyes. Satin has bestowed upon this site his greedy and evil Imbeciles. Please absolve them ….. In Jesus Name, We Pray. Amen

  56. @enraged….Do you wanna start getting paid in fake animal pelts…? You better watch it…!

  57. So when the tax bill comes, maybe we should just demand to pay in fake animal pelts…..I don’t like animal sacrifice personally……

  58. What a hateful imbecile.

  59. Lets face it….people seek public service because they don’t want to work…..they want all of us to work & pay their way……just like the institutional investors…..they are the party of ONE….LAZY DEADBEATS…WHO DO NOT WANT TO WORK….THEY WOULD RATHER ROB US……

  60. Local media reporting the admittedly bipolar Jesse Jackson Jr who sees a doctor twice a day because he is so ill….has been going to various drinking establishments. One local resident said ….. we keep voting for these same politicians expecting things are going to change. Now, THAT’S INSANITY…..! RIGHT ON..!

  61. There has been a grocery store war going on here in Illinois between Dominicks ……owned by the GENUARDIS……& the Jewel……owned by GEORGE SOROS BY PROXY OF CEBERUS CAPITAL…..It appears Dominicks is losing the war..they are disappearing …..

  62. LOL..local grocery store commercial.. they are now calling itself what we always have…..THE Jewel…if you live in the land of Lincoln……you will get that subliminal message…

  63. One of the pelts he wanted to use was a Badger pelt……LOL…!

  64. New commercial for Safe Auto Insurance…..customer told them he DEMANDS TO PAY the bill in animal pelts…..!

  65. Candy Crowley asked Obama….is what we are really looking at here., the “new normal”…….? Obama said..this is all about FEUDALISM over PUBLIC LAND with the FED…….! There you have it folks…….! OBAMA TOLD THE TRUTH…..! ROMNEY WANTS THE FED TO HAVE OUR LAND….!

  66. BTW….. the American people in general don’t give a damn about the foreigners and their manufactured problems the banksters caused….we have enough of our own….!

  67. Stop paying,..NATIONWIDE TAX REVOLT….! These politicians and instititutional investors don’t want to work & pay their massive debts…they don’t want us to own anything…..they want all of us to work our asses off for them for free……!

  68. Well, Europe will pull through: it is getting tough on bankers. Here, on the other hand… Then again, if we start banning all the rogue bankers, unemployment is going to shoot through the roof!

    BBA Considers Register to Ban Rogue Bankers

    Published: Wednesday, 17 Oct 2012 | 1:50 AM ET
    Text Size
    By: By Daniel Schäfer, Financial Times

    U.K. bankers face the risk of being barred from their profession by an independent body if they misbehave, under new rules being weighed up by the main City bank lobby group in a bid to revive the battered reputation of the financial sector.

    The British Bankers’ Association is looking at proposals to require all bankers to join an independent professional body in a similar way as doctors, lawyers and accountants.

    If bankers breach ethical or professional standards, they could then be struck off the register of members. This would go much beyond the Financial Services Authority’s register, which mostly applies to senior management or traders who can be fined and banned for more explicit wrongdoing.

    Anthony Browne, BBA’s new chief executive, confirmed that a general register for bankers was one of the measures under debate to give an independent professional body the clout to uphold professional and ethical standards.

    “Such a body will only have credibility if it will be independent from the industry and if it will have real teeth,” he told the Financial Times ahead of the BBA’s annual conference on Wednesday.

    The BBA’s taskforce has been set up at the behest of a number of chairmen of banks in the City and some of them are believed to be sympathetic to a general register.

    “Even bouncers are members of a professional body and can be thrown out, but if you are a banker you are not,” said a senior banker working for one of the largest foreign banks in London.


  70. Remember…..both candidates are invested in the large institutional investors…… Therefore, it’s not about what we want…’s about what the large institutional investors want. They are both no more than INSTITUTIONAL ASSET MANAGERS…..protecting the INVESTORS ASSETS. They don’t care about our assets….at all. They could care less if we lose it all for the benefit of their criminal friends …….because none of them paid for anything……It is the art of deception to close the dirty deal…just like what the Originators of this scam did…The same scam keeps showing up……they want a nation of renter slaves because that’s what their diabolical criminal friends want….A global commune……where everyone works for them……and we own nothing. FORGET THE ELECTIONS! ……..WE NEED A NATIONWIDE TAX & DEBT REVOLT…..DON’T LEAVE YOUR HOMES….& ARM YOURSELVES……Justice Scalia already said they don’t believe the Constitution protects us from them…….! That’s because the turned the Constitution into a tool to tax us with….Obama was right about one thing last night……..WE STILL HAVE THE SECOND AMENDMENT…..

  71. CNBC commercial for Kudlow tonight said…What subliminal message by the candidates will win the most votes….? Like the weird music these idiots inserted in Bill Cooper’s video that was never there before, these politicians are all living in the twilight zone. That’s why the truth is now stranger than fiction…

  72. Promulgated a transfer…..? The banksters committed conveyance fraud & reconveyance fraud. That’s what they did & they are intending to deceive…

  73. They try to make it appear that MERS was a party to the original transaction by inserting their name as nominee….successor & assigns..bullcrap lies……MERS IS NOT A BANK…therefore they cannot legally own or transfer or be transferred anything. MERS is more lies & deception to commit more fraud. The failed bank who was the Originator now claims they are Amcore, N.A. MERS…..! WHAAAAAT? THEY ARE ZOMBIE BANKS THAT HAVE TRANSFORMED INTO MERS NOW…!

  74. They are all trying to pull a fast one on the American people. Putting value on something that never existed and making the people pay for nothing by secrets, making them believe lies & using a lot of deceit to defraud us out of all of our livelihoods, wealth, property & therefore our freedom. They want all of us to exchange all of our hard labor for nothing of value and move on….! That is their fraudulently induced “new normal”…….. oh hell no….!

  75. The company did not exist at the time the loans were originated.
    Company as in tax payer corporation, subsidary as TRS or SPE , SPV transferor or transferee?

    MERS does NOT have any VALID authorization to sign for the company that is named.
    Check – Yes they do if the recourse is applied in accordance with the repurchase provisions

    That is like being a nominee for a ghost.
    Check – Mers Corp is specific to charge back the assets to the correct party.Mers Corp has complete standing for promulgating a transfer and sale in accordance with the purchase and sale under bailment law.

    But MersCorp has nothing to do with the mortage whole loan

  76. masterservicer they never were loans…they were junk bonds. That’s all they ever were. Now they are failed junk bonds. They can’t be reconverted into something they never were.

  77. @masterservicer (with someone elses picture)

    exactly my point.

    The investors are suing because of deception and theft.

    The homeowners were kicked out over (THE EXACT SAME) deception and theft.

    The investors get to sue—but the homeowners don’t.

    The homeowners get to live in the street.

    Everything was/is and continues to be a lie.

  78. And I will not be deterred and I fully intend to continue the tradition Jesus started and keep exposing the secrets, lies, deceit and fraud of the pagans & the money changers….

  79. No enraged… are a delusional idiot….allow me to clarify that for you…this is the SAME SCAM the Romans & the Jews used to crucify Jesus for exposing the pagan money changers. Jesus delusional megalomaniac……..NO….THAT WOULD BE YOU SCMOZIEL..Watch the video ……

  80. “I recognize this is the same scam they pulled on Jesus when he exposed all of you same crooks…”

    OMG! Now that weirdo is… Jesus! Delusional, megalomaniac, she thinks she is… Jesus!

    Get that woman out of here, pleaaaaase!

  81. enraged & carie –
    How are you and how goes the advocacy . . .?
    Keep trying


  82. Under USC Title 18 Sec. 985. The Plaintiff argues that a Pro Tanto recovery standard for a foreclosure is; by the parties own admission a Civil forfeiture of real property.

    Under USC Title 18 Sec. 985. Are the revisions to terms for which a judgment claim may have been entered and thereafter eagled for which the procedures of law in foreclosure are moot and for otherwise washing assets

    If your alleging fraud – Good Bye. You see, in cases involving fraud the governments claims are centered on the process of obtaining a loan or extension of credit.

    As for the court, the proceeding shall allow the claimant a deduction from the forfeiture olny to that extent that the loan was repaid, but does this include capacity to “have paid” ininstance of charges and write downs? Here is the attorneys restraint on alienation calim. Right NG – yes of course.

    Was the debt satisfied condition precedent to sale – In Rem

    Except as provided in section 985, any property subject to forfeiture to the United States under subsection may be seised by the Attorney General …and who is processing these modifcation offers with the dreaded 4506 IRS Form .

    People – this is not a game but major league bank fraud that you want to contest as deceptive and NOT a fraud . NG Let your people go

    In the case of property involved in a violation investigated by the Secretary of the Treasury or the United States Postal Service, the property may also be seized by the Secretary of the Treasury or the Postal Service, respectively. Lets try this agin – may also be seized by the Secretary of the Treasury

    Seizures pursuant to this section shall beamed pursuant to arrsting title abandoned by parties –

    Hmmm In rem and bifurcation of the mater? Stop him someone – he is a fraud – Yeah right sugar…

    The exception is where the seizure may be made without warrant ifthe purported complaint for forfeiture has been filed in United States district court and the court issued its order in rem pursuant to the Supplemental Rules for Certain Admiralty and Maritime Claims;

    Certain Admiralty and Maritime Claims…? Maybe Ho (client) was right!

    Beware – No probable cause to believe that the property is subject to forfeiture andseizure is made pursuant to a lawful arrest or the Fourth Amendment warrant requirement would apply;

    December 31st 2011 – Obama revokes the constitution (?) Look’s like California got a tip for coming pre emptive strike by same time new years eve….

    I do believe . . .this is the end.
    (see foreclosurealternative./ deed/payoffdemand

  83. For what ever its worth

    There is no servicing for a loan sold into a securities offering
    No ability to modify a loan that is divested of its value for contribution purposes and trust.

    No economic capacity (not incentive) to restore the assets to their orginal economic condtion
    Charged senior preferred shares and diluted common stock make the repurchase requirment for a modifcation impossible.

    Hello…mar’s to earth .

    People – if the FDCPA is for pursuing a judgemnt and order for entry of writ and if the judgement substitutes for the recorded deed of trust …then what in Gods name are you talking about with ref. to Modifcations.

    The loan mods are an economic devisee and schemes to trigger lawful economic recognition of canceled borrower obligations.

  84. From Neil’s post:

    “…foreclosure loss mitigation options, such as loan modifications, forbearance agreements or repayment plans, that are offered by their lenders…”

    Exactly…their “LENDERS”…there are no “lenders”—who are the “lenders???. LENDERS ARE NOT DEBT COLLECTORS. THE DEBT COLLECTORS ARE MODIFING—WHAT??? JUNK DEBT.

    And on my 1099 A tax form that the servicer (OneWest) sent to me, it says ONEWEST is the LENDER…they never lent a dime to me. ONEWEST IS THE SERVICER/DEBT COLLECTOR.

    WHY ARE THEY BEING ALLOWED TO MASQUERADE AS A LENDER FOR TAX PURPOSES—how is that not TAX FRAUD???…this has to be something a lawyer can sue about—COME ON LAWYERS—NEIL—HOW ‘BOUT IT???

  85. BTW…contrary to what Obama claims……..the economy is foul…it’s the worst economy & he’s the worst president and the biggest liar I have ever seen.. it is strange how I still want to believe him …. but thankfully, I can’t …its like he possesses something where I just can’t hate the guy even though I know he’s evil……its deception..he is a master of it.

  86. Problem with dealing with the devil is, it is deceptive …. that’s the only way it wins…. you have to know how the enemy operates…. it’s real evil is in how it appears to be harmless ……

  87. shadowcat ….you wish I believed you..but I don’t …….I read Gram & Gramps are having to reverse mortgage out of their homes they worked their whole lives for to keep up with rising costs being fraudulently induced upon them by these fascists……tax…tax…tax…everythings a tax…..they are losing their homes because nearly everything we pay has been turned into a tax for the benefit of the Globalist investors…we need a nationwide tax revolt to fix their clocks…these rotten sneaks are gonna get it all if we don’t make a stand.

  88. Are all those operating above a preschool level getting the moral of the story? (Imbeciles Excluded from the question). “When the Devil knocked on Grandmas Door”. Well, I’ll leave you to your thoughts now. To All a Good Night and Sweet Home Sweet Home Dreams. NN

  89. @Guest… Your question is a Legal Question. I advise you to speak with an attorney in your state. You do not want to get legal advice from a public stream. State Laws vary.

  90. We need our own currency & Treasury direct lending at a nominal interest rate…..

  91. In other words, they are IMPOSTERS..because they were not a party to the original transaction….they stand in the same shoes as the originator……

  92. @guest….they are just another third party debt collector… transfers of property can only go bank to bank….The middleman like MERS destroys the chain…

  93. There was no debate about the mortgage fraud by the FED…..& their cohorts & minions… more talk of ending TBTF……The only glimmer of hope I heard came from Obama when he said they cut out the middle man to help college students get funded…… That was awesome… The middleman needs to go altogether… was never needed…

  94. About the dba issue…if one corporation is doing business as one of its many trade names, which one authorized MERS as nominee? I am fighting a lender who Sec. of State says was formed for purchasing mortgages, but the so-called lender is dba that trade name and calling itself the lender. Does “ultra vires” apply to a contract made with this sort of transaction: dba an entity who is not transacting business within its purpose?

  95. Who in the heck is Grandma….? And….there is no way they can comply..There is just more fraud to cover up for more fraud…Obama did a damned good job of helping them try…everyone is certainly not going to comply with bankster non compliance …. they can’t fool everyone but they came damned close…

  96. She said political debates are a mockery of democracy….? Right there that tells you who she is…….this fake democracy is supposed to operate behind closed doors…. In fact, I heard a news report that they want to end political debates after this election….

  97. Do you all see how Important standing is? Why forged and fraudulent docs must not be allowed to be filed in our courts and county recorders office? With multiple 1st liens … who was Grandma going to pay? Did you see Bernankies face …… Grandma Did. Grandma has been holding this in a long time, …… Like Obama said tonight … you Attack America … America Attacks back. If it doesnt work … replace it! I’m sure Wall Street Banksters Knew he was talking to them. …….. Independence Day 2 aka Compliance Day. God Bless America!

  98. Jill Stein is a commie in sheep’s clothes…..I saw her interview on RT…the Green Agenda is another sneaky method to their madness….

  99. Yeah right enraged……! I recognize this is the same scam they pulled on Jesus when he exposed all of you same crooks…… they called him nuts & labeled him……Bill Cooper talks about it in his video …..JESUS WAS A DANGEROUS MAN……. He warned the patriots you would be using the same scam…….how redundant….what else can we expect from the same greedy bunch of greedy idiots…don’t even try & use your yiddi voodoo words on me either….voodoo queen…

  100. Green Party presidential, vice presidential candidates arrested at second debate

    Published October 16, 2012

    Associated Press

    HEMPSTEAD, N.Y. – Police say the Green Party candidates for president and vice president have been arrested at the second presidential debate.

    Nassau County, New York, police say Jill Stein, the Green presidential nominee, and Cheri Honkala, the vice-presidential nominee, were charged with disorderly conduct as they tried to enter the debate site at Hofstra University.

    The Green Party says in a statement that Stein and Honkala were walking with supporters toward the Hofstra campus Tuesday afternoon when they were met by uniformed police officers. Stein and Honkala then held an impromptu press conference in which Stein called the debate a “mockery of democracy.”

    A third person was later charged with disorderly conduct.

    Read more:

  101. And who is the “we” you keep referring to, idiot? All you do is sit here and rant. “We” start with you doing something, moron.

    Poor schlemiel.

  102. Imbecile. Not as bright as a moron but slightly better than an idiot.

  103. Ivent

    And in case you were, once again, not completely clear on the concept…

    Imbecile was a medical term used to describe a person with moderate to severe mental retardation, as well as for a type of criminal.[1][2] It arises from the Latin word imbecillus, meaning weak, or weak-minded. “Imbecile” was once applied to people with an IQ of 26–50, between “moron” (IQ of 51–70) and “idiot” (IQ of 0–25).[3]

  104. So you work for the commies……? why am I not the least bit surprised?…. That rense article sounds on target & as far as war mongerers go……how many wars are we in right now….? Well, I just killed that argument……Now, I do not want to seem like I’m just picking on the commie and not the other….here is an interesting take on both b.sers…… I guess we will be forced to take up arms with either “choice”…. by the sound of this…….however….I would rather take my chances with the white snobby choice …..sniff….sniff…..and arm myself ….than the other total control freak…….I like to call him…..secret squirrel…

  105. CW LP … and fc filed in court 08, CW HL claims it aquired loan from 1st adv mortgage and aquired (title) mortgage from MERS. BofAs take on this in writting and filed at the recorders office after we demanded in 2010 for release of LP and proof of monies trail and such to warrenty title..this is BofAs version ….. MERS transferred Note & Mortgage toghether …. Crazy Thing! If 1st Adv transferred the Note to CW …. how can MERS transfer the same Note to? Hmmm … Liability Issues? Sure It Is! BofA claims .. whaaa… we should not be responsible for what CW did. Umm.. you bought their liabilites to..Remember? Sure you do! But putting the CW issues aside , who is responsible for what BofA did? Huh? Huh? Whos the Bully Now? Grandma … thats who! YEP! lol …. If they offered the 15mil in profits they made to cover damages and avoid lawsuit…. I would not do it! They would still Win! They still need the House! UMMM ….. NO! Grandma can not be bought …. you keep your money and Grandma will Keep her House and refill her Cookie Jar.

  106. Imbecile.

    I worked for AIG for many many years before you even heard of them. And Rense has absolutely no credibility except with… imbeciles and warmongers.

  107. You know what enraged.?… have no facts to back up your claims…therefore you are not only irrelevant, you are an imposter……allow me to repost that link about that other imposter…

  108. Thank You, I’m not aloud to talk to Imbeciles anymore. It has been brought to my attention they are bad influnces on my behavior lately.

  109. Food for thought about this scam we are all living under in this article…




  112. In the debate, Obama stated “we are a nation of laws”…he forgot to add, under his administration, not if you are foreign owned. If you are a foreign imposter, hiding behind a so called American institution….the laws of this land DO NOT APPLY TO YOU…..under him ..!


  114. Time to get the popcorn ready for the Debate. I hear its gonna be a Good One. BBL

  115. Oh No! … Turkeys! Was the Trust Closed? Ours never went to a trust, sec, fannie/freddie. It was supposdly a Bank owned loan. ut umm … anyway IL AG shut them down a couple of days after closing and the Trusts were not taking any more anything. ut ummm … Anyway for Warrented Title we had to prove CW paid off 1st adv to satisfy MERS lien.. How were we supposed to do that? On the other hand .. ut umm … BofA as a Plaintiff (if they wanted to be) would have to show they aquired the loan and mortgage (not servicing) from Countrywide, and how CW aquired it and where on CW books it was shown as a libility (as in accepting and responsible for repaying all the ins,cdo,bo etc..). ut ummmm … clears frog from throat.

  116. Interesting article from TIME magazine about how the behemoth AIG became TBTF…..,9171,1886538,00.html

  117. “…Junk bonds are bonds that are sold by risky corporations to raise money. Remember Michael Milken??? The king of junk bond debt. Junk bonds pay higher interest rates because the chance of actually realizing a return on them is risky.

    Yes — 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…”
    from that:
    “…When such CDOs are backed by assets of dubious value, such as subprime mortgage loans…”




    Oh, I forgot…you’re here to sell stuff…my bad.

  118. @ Shadowcat,

    Oh, that combined ASSIGNMENT of BOTH the DOT and Note is STANDARD PRACTICE for the idiots. Litton did that with mine when they did the dirty deed 5 years too late.

    Also, they did a SINGLE-STEP assignment into a CWABS POOL. They NEEDED to have done an assignment from the ghost to Countrywide. Countrywide needed to then do the assignment to the next player of the A-> B -> C -> D chain. Countrywide should have been the one in the ‘A’ position on that chain and AWL Corp was prior to the ABCD chain.

    So many fraudulent acts.

    I also had one of the CA AG’s much bally-hoo’ed Countrywide Mods. Jerry, mealy-mouth, Brown got a worthless settlement that he bragged so much about. He never talked about his SISTER working at Countrywide and later at BofA at the time of the demise of CW. In CA, Brown let BofA skate with all those mods ‘evaporating’, even if a signed PERMANENT MOD contract existed. Unlike the loan where the lender did not sign, the MODS generated by CW supposedly needed THEIR signature after the borrower signed. Normally contacts offered by the seller in writing do not even require the seller to sign if borrower accepts the offer as written and makes payment(s).

    Oh, and Brown’s dear sister is now with GOLDMAN SUCKS.

  119. Once Compliance Day has come and Gone. We will file QT …. no one to fight it. Never signed or applied for anything, nuttin, notta! . Denied and Denied and Denied.

  120. Beware any and all fixes for fraud…..there are none …… just more fraud…. they are setting the country up for their next manufactured collapse because these crooks don’t want to pay their debts. They want all of us to pay them & we can’t sustain a quadrillion dollars in fraud these crooks created out of thin air. Don’t believe the lies. These politicians are traitors. They are sick subversives trying to overthrow the American people. If people don’t stop participating, cooperating, complying & conforming in their scam they will be slaves to all of their fraud.

  121. The Reason we didnt file for Quiet Title was because of Litigation Costs. Just sittin on the sidelines waiting til compliance day ….. Yep! Yep!


    “…the Act does not define what constitutes a “material” violation of the Act. ”

    Bill of rights? What a joke. Real rights? Or pretend rights?

    The servicers play dumb…that’s how they get away with the house theft.

    It’s all junk debt in disguise. Who the hell do we sue for that?

    Seriously—WHO DO WE SUE?

    October 16th, 2012 | Author: Matthew D. Weidner, Esq.

    At some point in time this nation is going to wake up and realize that we’ve demonized the wrong party for many, many years. The BIG BAD BANKS are just straw parties, standing up there and taking shots from all of us….they’re easy targets, a distraction from the real fact that someone else really is…


    In many, many cases, the true Wizard that’s using fraud and robosigning and committing crimes all as part of an effort to throw an Amerikan family into the street is in fact, the federal government itself. Now, I understand it’s not exactly the federal government…it’s those stand in characters, Fannie, Freddie and Ginnie….but it’s time to WAKE UP!

    Just read this agreement that makes all this clear:

    Custodian does not, pursuant to this Agreement, acquire any ownership interest in any of the
    Mortgage Loans or Documents. Custodian may not transfer, pledge or otherwise
    hypothecate any Mortgage Loan or any Document.
    (b) In performing its duties and responsibilities under this Agreement (including, but not limited
    to, in reviewing Documents and data for possible Certification, and in connection with
    Document custody at all times upon and after receipt of Documents), Custodian at all times
    acts for the sole benefit of Fannie Mae.

    All Documents are held solely and exclusively for Fannie Mae. Subject only to that
    limitation, Custodian shall make disposition of Documents solely in accordance with
    instructions furnished by Fannie Mae in the Guides, the Requirements, or otherwise by notice
    from Fannie Mae. Further:
    [1] Custodian specifically acknowledges that Fannie Mae has the right to require Custodian
    to release all Documents, or any portion thereof, pursuant to Fannie Mae’s instructions,
    without payment to Custodian of any fee or charge, or other thing of value.
    [2] Unless otherwise instructed by Fannie Mae, Custodian may release Documents that are
    related to Mortgage Loans that have been removed from the List of Mortgages before
    Custodian delivers its Certification. Release in such cases shall be to the party that
    Custodian determines to be entitled to the Documents.
    [3] If a Mortgage Loan became an MBS trust asset and title to such Mortgage Loan
    thereafter is transferred to Lender, then Custodian may release the Documents that are
    related to that Mortgage Loan, provided that Fannie Mae as Trustee (or Fannie Mae’s
    successor as Trustee, if any) notifies Custodian that such Mortgage Loan is no longer an
    MBS trust asset.

    Custodian agrees to indemnify Fannie Mae and hold Fannie Mae harmless for any and all
    liabilities, obligations, losses, damages, payments, costs, or expenses of any kind whatsoever
    (including reasonable attorneys’ fees), which may be imposed on, incurred by, or asserted
    against Fannie Mae as the result of any negligence, malfeasance, wrongful or unreasonable
    act or omission by Custodian, in its performance (or nonperformance) of the functions and
    duties of Custodian required by this Agreement, the Guides, or the Requirements. Unless
    otherwise agreed to in writing by Fannie Mae, the foregoing includes, but is not limited to,
    Certification of any Mortgage if the:
    [1] Documents were incomplete,
    [2] Documents did not conform, prima facie and without exception, to the specifications set
    forth in the Guides, the Requirements, and any other notice to Custodian that describes
    Fannie Mae requirements for specific mortgage loans or mortgage loan types, or
    [3] Mortgage Loan data submitted on the List of Mortgages did not match the terms of those
    Documents, without exception.
    (b) Lender agrees to indemnify Fannie Mae and hold Fannie Mae harmless for any and all
    liabilities, obligations, losses, damages, payments, costs, or expenses of any kind whatsoever
    (including reasonable attorneys’ fees) which may be imposed on, incurred by, or asserted
    against Fannie Mae as the result of Lender’s selection of Custodian as custodian for
    Mortgage Loans in MBS pools, or by reason of Custodian’s custody of the related


  124. Homeowners deserve more than “I’M SORRY”
    and a few hundred bucks – Oklahoma AG

    How did Oklahoma leave the negotiation table yet become the first to issue checks? AG Pruitt said long ago that he would fight for local homeowners, and that the $25 billion settlement was not good enough for victims in his state, so his office negotiated its own agreement with the big five banks, providing what they say is up to 20 times more than the payments residents in other states are expected to receive.
    “These families endured horrendous conduct, lost their homes in many cases and deserve more than an ‘I’m sorry’ and a few hundred dollars.”

    Oklahoma first to get national mortgage settlement payouts
    by Tara Steele in Mortgage, News – October 16, 2012
    Why is Oklahoma the first state that illegal foreclosure victims will see compensation? And why are they getting 20 times more than residents of any other state?

    ag scott pruitt Oklahoma first to get national mortgage settlement payouts
    Oklahoma doesn’t get a piece of the $25 billion pie

    In Februay, the historic $25 billion mortgage settlement was finalized between 49 states’ attorneys general, the federal government and America’s largest mortgage servicers Bank of America, JPMorgan Chase, Wells Fargo, Cigitroup and Ally Financial for illegal foreclosure practices. Fully $17 billion was designated for funding foreclosure relief efforts, $3 billion for funding underwater mortgage refinance programs, and $5 billion to fund payments to 49 states and the federal government (thus, to homeowners).

    What stood out to us at AGBeat all along that most ignored is that one state was a holdout, and left negotiation talks with the big banks completely. Oklahoma Attorney General Scott Pruit said back in 2011 in a letter from his state, Nebraska, and Alabama, that the probe leading up to the mortgage settlement would “override state laws” and that forcing banks to reduce loan balances on mortgages to help struggling homeowners “goes too far” in many cases.

    The letter stated, “We have concerns … that what started out as an effort to correct specific practices harmful to consumers has morphed into an attempt to establish an overarching regulatory scheme that fundamentally restructures the mortgage loan industry.”
    But now, Oklahoma is getting paid – how?

    While homeowners in other states wait to see their small portion of the settlement, Oklahoma announced this week that they have issued the first mortgage compensation checks in America to borrowers who were victims of unfair and deceptive practices by Bank of America, Citigroup, JP Morgan Chase, GMAC and Wells Fargo.

    So how did Oklahoma leave the negotiation table yet become the first to issue checks? Pruitt said long ago that he would fight for local homeowners, and that the $25 billion settlement was not good enough for victims in his state, so his office negotiated its own agreement directly with the big five banks, providing what they say is up to 20 times more than the payments residents in other states are expected to receive.

    The AG’s office said in a statement that over 700 residents applied for relief from the Oklahoma Mortgage Settlement Fund, with an average payment so far of $11,000. Checks have been mailed to over 100 residents, and checks will be mailed each week through the end of January. Families that qualify under one of two main categories receive a minimum of $5,000, with some families seeing as much as $20,000.
    Homeowners deserve more than an “I’m sorry” and a few hundred bucks

    “These families endured horrendous conduct, lost their homes in many cases and deserve more than an ‘I’m sorry’ and a few hundred dollars,” Pruitt said. “It is very exciting to be able to provide these Oklahoma families some meaningful relief for the harm caused, and a chance at a fresh start.”

    Pruitt’s office says the latest estimates show residents in other states could receive as little as $840 from the federal fund. Many of the 49 states that participated in the federal settlement are using the money they receive under the federal settlement to fund various areas unrelated to housing. The areas include the state’s general fund, higher education, marketing and additional staff for AG’s offices. Oklahoma is the only state to have cut checks to residents thus far.

  125. Believe it or not .. I dont have AWL on Mortgage or Title ( depositor perhaps.. snickers) … MERS, CountryWide Home Loans and BofA. When we requested release of CW LP from load mod scam in 08, …. this was filed …. MERS transfers the Note and Mortgage together ….. Oopsy #3 under Illinois Law. How many times will they slander our title … only 3. Game Over! … public records show 1st Advantage as current lender (still in business, but claims they sold the loan and dont remember to who). Funny thing one record says 1st advantage owes 243,000 to AWL. We only borrowed 149,000 ….. ut oh? Any Guesses where we held alot of Fraud Stock? Uh hu! Two years ago… We started paying the right creditor! Yep!

  126. @ Shadowcat,

    Yeah, also never registered with the State of CA as a LENDER. OOPS.

    But they slammed these loans into Countrywide trusts, such as the CWABS ones and the like.

    That actually should be another point on which they can be sued. They were supposedly putting loans into those fake trusts that were not even originated in the name of an existing legal entity. HOW is THAT legal?

    I sure wish one of the ripped-off investor entities would make use of that fact and take it PUBLIC.

    BofA and BoNY-Mellon would have a problem with many more borrowers halting payment on the loans.

    NO entity can EVER provide a VALID RELEASE of that loan with out court action. All properties that show any “AWL Corporation” loan on title have a CLOUDED TITLE. And there are a HUGE number of such properties.

  127. @Concerned…. Closed 11-23-07 … one of the last, never registered with SEC or anyone else. Oopsy…

  128. MERS is a french word for….. from sea to sea. Well it is full of dead fish……Bloomberg news reported the FDA approved for U.S. human consumption ….seafood from China raised on pig shit…. That sure proves just what they ALL think of US…

  129. Lots of MERS assignments are being generated by employees of CURRENT MERS members to help transfer loans TO the employer OR to a company that is employing that company. They do NOT have the ability to be assigning crap to themselves, let alone assigning a mortgage to themselves.

    Litton is now part of Ocwen. But Litton employees were never on any approved list of signors for AWL Corp. MERS has no agreement with America’s Wholesale Lender Corporation and there are no approved signers with MERS for that ‘GHOSTLY’ AWL Corporation.

    That did not keep Litton and LPS from generating documents as the supposed MERS Nominee for “America’s Wholesale Lender Corporation” in 2009 and 2010.

    To top it off, they were also assigning the loan to a 2005 vintage trust. We all know that was WAY too LATE. They also assigned it to the trust after already recording the NOD. We all know that a loan that is SUPPOSEDLY in DEFAULT can not be assigned into the REMIC POOLS per the NY TRUST LAW, the Pooling and Servicing Agreement, and the IRS Code.

    It is reeking of FRAUD.

  130. We purchased our Retirement Home before we tried to list our old home for sale. New Note with 1st Advantage Mortgage, Mortgage (not the note), assigned to MERS. I told you what Citi did with our auto pays and the NSF thing on our old house. We rented the house and fought Citi (out of court settlement). At the same time … our new loan was not a year old yet … so we applied for a Mod with CW (servicer) to get a reduced intrest rate at their request. ut umm … anyway our CW payments were immediatly directed to a ghost account. 3mo later they offered us a Forbearance agreement, saying we didnt qualify for the mod. We Declined.. somin about 4gs in fees. Made our next scheduled payment, then Boom FC and LP by Countrywide. Shocked!!! Paid all the Fees plus fraud escrow shortage (case dismissed) and all payments due for next 3 months. Come April … WHAM! BAC comes in claiming a 12g default! ????? And try to force loan mod … multiple packages each month with different payoff figures. We Just Kept paying … didnt need another 4gs if fees for a mod application…NO WAY! Been there done that .. not going back! Sept … BAC sends default notice (not lp or fc) on property taxes (escrowed ..mind you). Lawyer Hired …. demands release of CW LP on title from 2yrs earlier, and QWR. BofA sends debt collection letter claiming ownership. Debt denied! BofA Takes their position in writing how they obtained the Note and Title. Our Attorney (now Fed Prosecuter) …. was not surprised when they didnt file fc. RICO ..RICO.. takes a Bite out of Crime. Game Over 2 years Ago! Bad Boys…Bad Boys… watcha going to do when RICO comes for you? *grins*

  131. @Enraged.

    Did you notice that “America’s Wholesale Lender CORPORATION” is NOT on the list.

    Another thing about this CORPORATION: It was supposed to be in existence as a NEW YORK corporation but it was not at the time. Another group LATER filed to create “America’s Wholesale Lender Incorporated” as of 12-16-2008 in New York. By that date, Countrywide was no longer attempting to write any more of the falsely written loans.

    The loans were last written in 2007 from the information I have seen.

    That means that a ‘ghost’ corporation was the LENDER named on the documents.

  132. Just because they are registered members now … does not mean that they were when the loan was origionated. Most were Not! The intent was to transfer the note to a mers member.

  133. This is all fraud. These people are absolute criminals.

  134. MERS was named on the DOT only of the “AMERICA’S WHOLESALE LENDER CORPORATION” loans. However, that CORPORATION did not exist.

    MERS is USED by other entities AS IF there is a MERS RESOLUTION with AWL Corp. There can not be any such thing.

    The loans are being assigned by others who CLAIM to be the MERS NOMINEE for “AMERICA’S WHOLESALE LENDER CORPORATION”.

    Countrywide was the culprit behind the “AWL CORPORATION” loans. They attempt to defend these loans claiming their “D/B/A America’s Wholesale Lender” Can you see the difference between “Countrywide Home Loans CORPORATION D/B/A America’s Wholesale Lender” and “America’s Wholesale Lender CORPORATION”?

    They are NOT the same thing but some judges have not been wised up, or have been bribed. Countrywide (and now BofA) also try to claim the supposed Trademark for America’s Wholesale Lender. There are MANY land mines for them on that path. The registered SERVICE MARK was NOT shown on ANY of the documents. The SERVICE MARK actually contains the name COUNTRYWIDE in it which was not on the documents. And to top it off, the service mark has gone ‘stale’. The Vondran law firm has filed to have the service mark stricken or deactivated in the federal registry.

    I can cite you cases in another state where BONY-Mellon could not find any document to prove a MERS corporate resolution existed for the transfer of an America’s Wholesale Lender Corporation loan.

    The searched the Simi Valley headquarters of what used to be Countrywide.

  135. Here is the complete list of MERS members. Check if yours in there. Most are.

  136. I meant to say … MERS does not have authority to transfer Mortgage for a non member or a non existent corp. MERS can not transfer a Note it never owned either.

  137. The broker origionaters are not MERS members is Most cases. MERS does not have the authority to transfer the Note for a non member, ….. Gets a little sticky …. Who is MERS signing for again? AWL or the Broker/Origionater on the Note? Sticky! Sticky Stuffs!

  138. VERY NICE Concerened! Excellent Questions! YEP! YEP!

  139. Once this law takes effect, I wonder WHAT type of ‘evidence’ will be used to attempt to show that there is ANY entity that has the right to sign for “Ameica’s Wholesale Lender CORPORATION” loans? You can not be a ‘NOMINEE” for a corporation that did not exist when the loan was written. Anyone signing as the MERS ‘nominee’ for “AMERICA’S WHOLESALE LENDER Corporation” is signing a FALSE DOCUMENT.

    The company did not exist at the time the loans were originated. MERS does NOT have any VALID authorization to sign for the company that is named. That is like being a nominee for a ghost. There are court rulings in other states that make the same likeness for other companies that no longer existed at the time of documents being signed by the ‘MERS nominee”.

    Will we see lawyers finally scramble to represent borrowers who have loans that were fraudulently originated by the ghostly ‘LENDERs’?

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