Litigation AFTER Eviction or Sale

I’ve been thinking about this for a while. In fact, when I first started out on the blog in 2007 I spent quite a bit of time interviewing big and small law firms and retired judges and they all said the same thing: wait until the whole thing is over and they can’t move the goal post around anymore.

The action would then be for damages sand could be settled for the house plus the money. And the lawyer could get a contingency fee, which in all states, is allowable after the primary case is over. The key question is how you collect when the monetary settlement is nominal even with an award of attorney fees and costs (which could be substantial). I would be willing to provide considerable assistance in getting the pleadings right and the exhibits.

The attack would center on the money and the fact that the “credit bid” was offered by a non-creditor (i.e., a party who neither loaned the money nor purchased the loan). The secondary attack would be that the amount stated in the notice of default and sought for collection was wrong because there were co-obligors who presumably paid (insurance, credit default swaps etc.).

The payment was received by the investment bank affiliate who served as MASTER SERVICER that was the agent of the investors, even if they failed to adhere to the requirements of the PSA in transferring the loan into the REMIC pool. The fact that the REMIC pool was unfunded by either cash or assets, and that there was no trusts account for the pool would be beneficial in that claim. Remember that only the subservicer submitted an “accounting as to how much was due and payable.” The MASTER SERVICER never submitted anything so they could “plausibly deny” the “mistake.”

By claiming that the investors should have been informed of these payments might be the key to unlocking discovery on who the investors are. The real issue of course is that by diverting the investment capital obtained from the investors away from the REMIC, the account(s) from which the loans were funded were not disclosed to the investor or the buyer, who signed a note evidencing an obligation that differed in terms of repayment from the terms of the “mortgage bond” which was issued by the unfunded REMIC.

This approach side-steps the dubious conclusion by most courts that practically ANYONE can initiate the foreclosure “on behalf of” the actual investor-lenders. They might be able to start it but they can’t finish it with a credit bid in anyone’s name except the real creditor(s). The real creditors are not just the investors in the REMIC because their money was never invested in the REMIC.

The real investor-lenders are ALL of the investors whose money was commingled by the investment bank into one or several accounts without regard to the REMICS. In order for them to prove otherwise they would be required to show that the accounts had entries with reference to the REMICS.

It is doubtful that any such accounts exist, since it was the investment banks who were “Borrowing” the ownership of the loans so they could trade the loans, buy insurance, credit default swaps etc. Then they “borrowed” the loss from defaults and the loss declared by the Master Servicer (which was always more than the actual amount of projected losses on defaults) to collect insurance, credit defaults swaps and bailouts.

But since they were the agents of the investors and were acting contrary to the contractual provisions of the prospectus and PSA, the money received from these co-obligors should have been paid to the investor-lenders, and thence reducing the principal balance due to the investor-lender. Instead the bank kept the money and they intend to keep it.

If the principal balance (receivable) was reduced by the proper allocation of funds received from insurance, credit default swaps, cross collateralization and over-collateralization, then the borrowers’ payable would be correspondingly and proportionately reduced. The only way this would not be true is if the the loan were considered to be sold to the payor. But the insurance contracts and contracts for credit default swaps specifically and expressly state a waiver of subrogation or any claim against the borrower (to prevent the duplicate filings of foreclosures).

With the use of insurance, credit default swaps and outright multiple sales of the same loan to different entities, the banks were able to sell most loans for multiples of the amount actually funded. Thus an overage might be created that would entitle the homeowner to receive the extra money that should be allocated to investor-lenders. So your cause of action would, in addition to wrongful foreclosure, RICO etc., would be under contract or common law that specifically states that a creditor is entitled to be repaid only once — not multiple times through the use of sham conduits.

ONE CAVEAT: The more you litigated during the foreclosure and eviction, the more likely the doctrine of res judicata or collateral estoppel might be applied — unless the case was brought on new facts that could not have been determined during the litigation of the case before.

130 Responses

  1. @DAVID

    I hate to admit to wandering about—but im afraid i cant determine exactly what you are referring to –what type questions are you interested in–if its someting i can focus on–i can open a personal email contact? —-im a bit concerned about strange birds but have very little left that is not public

    to that point—im not sure i quite understand why people hide their identities if they are being truthful–but im an ignorant old fool and do not have a job on the line–i guess thats a good reason to be anonymous—they already made sure i lost mine come to think of it–whats that song “something about freedom means nothing left to lose

  2. @dcbreidenbach
    just got you line of questions. We are trying everything we can think of and yet know nothing about what you have mentioned. How can we communicate more effectively? Neil?

  3. Are you on remand? has the due process/UCC Art 3 maker protections been discussed?

  4. @D
    Are you subject to deficiency on note under Nevada law?
    Question is directed to whether you have exposure to liability on a note which has not been recovered and surrendered–that there has been a denial of subject matter due process denial –taking of civil rights???? peace of mind–certainty as to effect of state judicial system and statutes to prevent unjust taking of your peace of mind–sense of security ???? was this issue raised in your case?

  5. @DAVID
    Do you have the case decision available to be read? link or name

  6. Here we are. After all that has been said and done, the house is gone. We hired the top attorneys in Nevada to fight this and we lost. I do not understand how 9 supreme court judges in Washington State see the issues with MERS, while in Nevada, the 7 supreme court judges have the exact opposite opinion (well, that there is no law against MERS and what it does to people). Will the county recorders office now be closed? Does a Notary Public have any meaning? All they have done is provide a medium for the banks having their way. Neil, I understand, from mouth of a young attorney, that is no longer with us, that you worked closely with this firm. We want to carry on the fight but need to know in what direction. In your opinion; Who do we write/call? What will make a difference?

  7. I wish you the same sc….

  8. Good Night Ivent, Sweet Dreams!

  9. My last rant was dedicated to sc’s owners…….the FED INVESTORS….I don’t even want to think about what goes on in sc’s bedroom with her shovel she says she is married to. I have had enough of the FED’s sadistic brand of entertainment for one day….

  10. Ok Sweetie …. I know thats your story and your stuck on it. You make sure you tell the Judge the same thing you just said. And you come back here and let us know how that worked for ya? You might go back to the his girlfriend signed it story or stick with the orgy. Just make sure you order the crane for the rescues ……..

  11. The case isn’t settled. Until the case is settled or they withdraw ……they are liable for the property taxes. They claim they have a legal lien so they have the burden of proof. If they brought the fc they would be liable for any funny business because they had a supposed legal claim so why wouldn’t they pay the taxes……? Not paying the taxes would not look good for them. In fact, that could cause permanent harm to both parties……That would be quite deceptive & criminal by them.

  12. When you arrive to check into your Padded room … You will find Majic Fairy Dust on the Left and Huggy Jackets to the Right. Enjoy your Stay …… 🙂

  13. SC —-u may as well put up pictures—on 2nd thought —not

    and ivent the last rant—were you complaining about SCs “position” on tax pmts or on her bed—i cant tell

    twilite zone—i gotta get back to medicare fraud

  14. @IVENT; you said ;
    “up to the completely insufficient in law, fraudclosure complaint filed against me by me by proxy of the FDIC..” ?????????

    all you fans out there read this carefully—if it makes sense to you—you better check yourself in and ask for a padded cell

  15. They left us no choice…this is what it has come to. This is the direct result of evil trying to rip the heart & soul right out of this nation. They really didn’t think they would meet any resistance. They underestimated us. They don’t know what the American spirit is because they are not American. They never thought the day would come that no one would buy their crap. Well the tables are turning….just in time for the “election.”

  16. @DCB, …… Ok just finished… thats not as bad a position as I thought it would be. Anyhows … I got frisked all the way down and up again. And the Cavity search … well …. XXX…. almost erotic. But I menapausal so what the hell do I know? So we will call it a Tickle. It was a fun game …. hubby enjoyed it. *snorts*

  17. When is the Tax Sale? ….. November What? Year # — What? And who bought/paid your tax bills for you? Corelodgic? Ut Oh …….Who is hiding behind Corlodgic?

  18. Screeeeeeeeeeeeeeeeeeeeeeech!!!

  19. NO TREATS..&…..ALL TRICKS…..s-mooch…suckers….sincerely……the FED INVESTORS..

  20. My property taxes were paid by me up to the completely insufficient in law, fraudclosure complaint filed against me by me by proxy of the FDIC…..it is my hard earned money they are using to try & make me fraudclose on myself…..Like I said …..these are sick perverted weirdos we are dealing with. They want us to screw ourselves with our own stolen wealth. However ..the pervs who are making me sue myself are liable for the taxes until they realize their sick perverted games are over and I won’t comply, cooperate or conform to shooting myself in the head at the end of their sick sadistic ritual sacrifice for their cheap thrills. I am not the type of snuff film they enjoy. They want willing participants in their sick orgy.

  21. Ouch! My Claws are Sharp Tonight! Do You Think I Slapped Her to Hard? Do We Need the Mop on Stream 4 tonight?

  22. I know you missed me Sweetie … Psssst Pssst .. I was getting my pedicure, sharpening my claws just for you. HSSSS ….. Do you know how many years its been since you paid your property taxes? Sure You Do! You Better start rolling along … borrow some more of that Free Money and pay your taxes ….. Bitch Slap””’Cat Style

  23. and vahl wanted it that way

  24. doo dah—another $5?

  25. Hmmmm….it’s a little too quiet around here….maybe shadowcat finally got declawed….?

  26. I’m sure am working on that DC…

  27. However, it looks like we may have reached a “turning point” ……Rumsfeld on FOX saying Obama’s response to the terror attack in Libya “unpresidential.” & CNN reporting Obama called Romney a big bullshitter from inside the Oval Office…..

  28. notice that rice stat–all those commies eat rice and fed rserve pays for it–i know it in my bones–thats good enuf fo me

  29. Ok Ivent–just make sure my check is in the mail tomorrow

  30. Hey that’s a song lyric DC…..dah, dah, dah…..why you sly fox…! wink…wink…!

  31. That is your opinion DC……Do you have any better suggestions? Because the mainstream way of thinking doesn’t seem to be doing much in the way of lifting us out of fraudulently induced poverty. If song lyrics bother you than you have much bigger issues. I had an attorney around 2 years back tell me if all else fails, try thinking outside of the box and maybe you will get lucky. At this point, I don’t see why we should not be doing anything we can to raise awareness that there is a reason for all of the crazy bullshit going on in this country. Because the people behind this attempted heist of our freedom just don’t think inside the same box they tried to put all of us in. BTW…..Why don’t you ever pick on shadowcat? Shes really is completely batshit because she works for these loons. See what I mean….?

  32. there is 328 trillion dollars annually all crops value

  33. the most valuable crop in the world is rice

  34. there is starch and sugar and oil in corn—-da da da

  35. There are 95 million cattle in the US

  36. Oh yeah–i like the idea IVENT–load this shitty site with song titles and lyrics—absolutely no connection to anything–great idea—-let me see if i can come up with something even more irrelevant—weve got to drive everybody away–ill bet we can do it by sunday eve–everytime somebody posts something practical you put up your 10 shitposts and ill put in a similar number–Shadow cat –you join in and well sink this site in no time

    dah dah dah—i make no sense but i take up space

    –oh i forgot IVENt–i need to break this up into 6-8 posts so nobody will check the box to see comments—dah dah dah

    ill get better —i dont have your experience at corrupting a site–but ill get better–especially after i get my check an so “SHOW ME THE MONEY IVENT–i want mine too

  37. I find the lies & deception are not only offensive, but downright dangerous. Trying to insult my intelligence, I can handle that. However, where you crossed the line with me is, your sheer arrogance. Your wontoned disregard for the fact that ALL of you got caught is revolting. You are continuing on this tare and stealing as many souls as you can. That is why I am here. If I can dispell at least some of your lies I will have accomplished something for the greater good. I certainly cannot sit idly by in good conscience and watch this shit go on.

  38. Quite to the contrary……THEY ARE WHO got out of control, and I caught them. The TRUTH IS……THERE NEVER WAS A LEGAL CONTRACT…….AND YOU KNOW THAT DAMNED WELL…….You are aiding $ abetting felonies & that makes you a felon too…..

  39. You need to face the wall shadowcat and put your hands up ….. you can’t b.s. me.

    Reply Comments

  40. @M& IVENT—How about just posting one rant—instead of oading up line after line????

  41. IDIOTS of the world unite—gods minions are sitting on an angels back and can only count to z—–nothing is except what was—-fed reserve fed reserve—#####–and $$$$$ —losts of $$$$–me me me me—everybody see me –read me hate me –i hate me—but ont care–im free but i charge for srvices—-who cares–its all bad except for when im talking–i hate SC–I HATE SC because somebody told me i get a bonus if SC gives up–i hate enraged to–i hatew anybody who says anything that makes sense–federal reserve fedrral reserve

    Is this pretty much how to do it IVENT???

  42. Ivent you have great information and I appreciate your sharing as it is very enlightening but why do you need to go back and forth with Shadowcat on almost every post? “I don’t wage personal attacks except in my own defense.” Why do you even feel the need to defend yourself? You have freedom of choice to choose how to proceed in dealing with these criminals anyway you choose. Everyone has an opinion about what worked for them but it might not work for everyone. You two are very intelligent & probably very nice people who want to help people and just save your home but have very different views. I think we would all just like to see some justice here. I am not saying not to vent, just not attack.

  43. @IVENT
    would you please see if you can set me up as a site corrupter like yourself–i could use the money too…. Do you get paid by the bankers association–or the collection agencies? Anyway its good money im sure–and so easy—no thinking required–just repetitive crap–same thing tday–last week–week before—if i had the time my guess is you copy/paste past material, which is one reason it seems totally irrelevant to the discussion thread–or at least what little thread is left if your crap is deleted—-you are awful—the only alternative is to abandon the site SC—it is too frustrating to put up with this crap–sooo im going over to Ivents’ buyers–may as well get paid to disrupt the site as put up with it and be frustrated—-iv lost respect for author for tolerating this crap

  44. Marie…. Freedom of speech is Freedom of thought…I don’t expect we can solve this mess without everyone adding their own observations & suggestions. This is a comment section and these are our own personal viewpoints and suggestions. Politicians make speeches & comments everyday and the mainstream media tries to sway opinions that I don’t necessarily agree with. We are adults, free to form our own opinions. I don’t wage personal attacks except in my own defense. Otherwise, my thoughts & opinions are my own and I enjoy everyone sharing their own thoughts & ideas. That is what sets us apart from all of the rest.

  45. America the Free. At least we have freedom of thought. No one can force anyone to think what they want them to think or do what they want them to do. Allow people to be free in thought and Judge only yourself. What others do in their own lives in none of your business. People usually figure out what works and doesn’t work for them it is useless to force your views on others who don’t agree with you unless you like banging your head against the wall.

  46. “The action would then be for damages sand could be settled for the house plus the money. And the lawyer could get a contingency fee, which in all states, is allowable after the primary case is over. The key question is how you collect when the monetary settlement is nominal even with an award of attorney fees and costs (which could be substantial). I would be willing to provide considerable assistance in getting the pleadings right and the exhibits.”

    Is there a list of attorneys willing to do this yet?

    Anyone in CA?

    Thinking the day will come but it is too late for too many.

  47. The bankers are immoral crooks. However, their orders from the FED strawman …… are hiding the real culprits here who are the FED INVESTORS. China…..Abut Dhabi……Germany…..Britain ……France…..Russia…..India …….Brazil……..Italy…….etc…..are all invested in these so called American banks….That is why their mark of the beast is accepted worldwide via their worldwide banking network…….We really need to work hard at becoming as self sufficient as possible. Then they cannot eliminate the need for cash and create their evil microchipped cashless society. Because being self sufficient is, and always has been the American Dream. That is what too many have lost sight of here. That is true freedom. Freedom is not a melting pot of ethnicities & religions working on their Govt Corp slave plantation. Freedom is self sufficiency.

  48. Some real truth they are hiding is….. there is no law in equity for the use of credit. Fraudclosures are simply an abuse of power. The FED is a mere strawman for the FED investors who are hiding behind the scenes of the carnage they themselves have created by many proxies. I do not believe it is any coincidence that Obamas roots cannot be verified. No matter who his real father is, his ties have always been radical & that can be confirmed. These radical ties go way back. The fact very few in the media or Romney will discuss these radical ties speaks to who these people really are. They have struck fear in the hearts & minds of those who know the truth about what this is really all about. Which is the complete loss of our freedom. The America people need to make a stand in November & let their voices be heard at the ballot boxes. We will not comform, comply or cooperate with 4 more years of this fraudulently induced tyranny & oppression. Not now & not ever. Step #1……WE THE PEOPLE must vote out this current regime America….!

  49. Interesting info at this link…..
    http://electronzio.com/?q=node/614

  50. You need to face the wall shadowcat and put your hands up ….. you can’t b.s. me.

  51. Quite to the contrary……THEY ARE WHO got out of control, and I caught them. The TRUTH IS……THERE NEVER WAS A LEGAL CONTRACT…….AND YOU KNOW THAT DAMNED WELL…….You are aiding $ abetting felonies & that makes you a felon too…..

  52. I find the lies & deception are not only offensive, but downright dangerous. Trying to insult my intelligence, I can handle that. However, where you crossed the line with me is, your sheer arrogance. Your wontoned disregard for the fact that ALL of you got caught is revolting. You are continuing on this tare and stealing as many souls as you can. That is why I am here. If I can dispell at least some of your lies I will have accomplished something for the greater good. I certainly cannot sit idly by in good conscience and watch this shit go on.

  53. I’m not weak Ivent, not by any means. and I do control myself and actions. I have never complied to anything illeagal or not contained in the contract. I am merly demanding performance on a contract.. You have a right to Vent like everyone has here for years, but you got out of control … you were the one in effect giving them the control over you. It was never me …

  54. No shadowcat, I don’t think you control the FED. However, you can control yourself and your own actions. That is why the FED is out of control. The only way to solve this is if good people stop lying to themselves and stop trying to cover up for this massive crime against humanity. I don’t think you are bad. I think you are weak. You have allowed them to make you believe their lies. Now be honest with yourself…..Do you really want to be owned by them……? I don’t. That is the difference between you & me. I don’t choose to believe their b.s…

  55. @Mass….These discussions are necessary in times of trouble. We need to clear the air of the stench of lies & deceit that has permeated everything. That is where you will find the heart of gold Mr. Young speaks of. It is in the space between what is right and wrong that Dave Matthews sings about in his song…THE SPACE BETWEEN…….The space between is THE TRUTH……Have you ever listened to that song…..? It is really inspiring in an inobvious way…. You really should check it out …

  56. @Ivent…. You some how think I single handly control the Fed. You think I can tell them what to do and what not to do. Are you friggin kiddin me? That only lives in your head with that Bag of Fairy Dust you think I have that will Fix the Fed and make all your Woes go away for you! You are sadly mistaken …. I have told you over and over again to pull your Head out ot the Bottle and Get a Lawyer! I had one for 8 years! If I hadnt fought back …. Most Would Have Been History A Long Time Ago! Dont pretend to presume things you dont know. Didnt do Nuttin My Ass! Your Idiots! And You Better Lawyer Up! Because I Have No Majic Fairy Dust to Stop What is Coming! Only You Have That Power! Tick..Tock..Tick..Tock..Tick..Tock… Your Wasting Valuable Time!

  57. Would you guys just agree to disagree so we can all move on?

    Thanks.

    ” Keeps me searching for a heart of gold….. and I’m gettin’ old…”

    Neil Young

  58. Shadowcat, I really do hope you and your cohorts wake up in time to save your souls. The local media is reporting the fraudclosure rate in Chicago is among the highest in the country. The fact this massive loss of freedom is coming directly from Obamas “home state” could be the final warning for the American people. Obama is an imposter. He is here to do nothing but steal souls. This election will be the deciding factor in what will come. If Obama wins it will be mass suffering for mankind the likes of which have never been seen by any of us. This demon and all of his evil minions & cohorts need to go. 4 more years of this politically appointed hell and there will be very few souls left to steal. These entities are the e-pit-o-me of evil. Everyone believing their lies will be victimized to such an extent only an Act of God will end their reign of terror. God gave all of his creations free will and we really need to use it and stop believing these liars before it is to late and all hell breaks loose upon the earth. Right now this tare is being cleverly hidden but if we look a bit closer it is right in front of our eyes.

  59. Right now its all about the sodomy & the pillage of mankind. They are sodomizing & stealing as many souls as they can. Their fiscal cliff is more tare. They are all liars. These anarchists will have hell to pay in the end for victimizing their victims by deceit. They are all criminals in the eyes of the only judge that really matter in the end.

  60. Your mission is clear, you are trying to make the masses accept the mark. Everyones soul is not for sale & certainly not mine. You say you are trying to help people stay in their homes when you know of the destruction the dragon & the beast have caused to the innocent. We who know the truth know there is no legal or monetary fix for this destruction they have caused. That is what you are trying to hide from the masses. That evil is not hidden from me.

  61. @Deborah Wynn
    This is about Justice and if you allow injustice to continue you are part of the problem rather than the soulution. We have to stay true to ourselves and not allow ourselves to get sucked into all the negativity that permeates the court system re: wrongful foreclosure cases at this time. Good Luck to you I hope all goes in your favor. Stay strong.

  62. You are correct but not righteous. You should not lie…. You are deceptive but not all that cunning. I see what is coming. They are ushering in the mark and I can refuse to accept the mark. My soul is not for sale to the beast. We can change what is coming if we refuse to accept that mark. God Almighty promised the time of suffering would be short for the righteous and the righteous would be blessed. However, for those who willingly accept that mark and all of its evil, it will be fire & brimstone. You better repent……tick, tock…

  63. My Mission is Not to Give Legal Advise and Get Sued! My Mission is to Keep Families in their Homes. My Mission is to Call Out the Liars and Show their True Colors of Greed! My Mission is to Help Those Who Help Themself, Anything Else is a Deadbeat Freeloader! Simple and Truthful

  64. I do know who you are shadowcat, and what your mission is….. God Almighty works in subtle ways. The Creator of all things seen & unseen promised when the time came, he would send us the signs so that all the traitors & all of their evil plans for mankind would be revealed. I know the signs and I know the truth. That allows me to see right through you. You will all have hell to pay in the end. Your mark will reveal you & will destroy you when that day comes.

  65. Its All About Playing By the Rules! Rule #1 … Dont Lie!

  66. You can carry on your Ranting All You Want! Its Not Going to Change what is Coming! Some will Win and Some will Lose ….Some will Snooze and Others Will Get Lost In The Booze! Down the Wrong Path they Go …. Taking Guesses Who They Know.

  67. First it was a war on our hearts & minds. Now they are coming for our souls. We can’t allow that. We can’t allow the very deceivers & liars who caused this, to tell us they are going to save us. We can’t let them put a price tag on our souls. We need to let them know, our freedom cannot be bought, sold or traded on their open slave market. Our souls are not and never were for sale.

  68. Neil… knows who I am and so does DCB. I trust them to keep my idenity Safe from Nut Cases Like You…. Your an Idiot! But I will give you another Clue … My nickname is Cat. I like to Splat! I did not come here to make Friends. I will make amends, Get a Lawyer! Tick…Tock…Tick..Tock..

  69. Shadowcat …what you fail to see is, I kniw this is a game to you, but for me, this is about our FREEDOM….. I know what is at stake here is hidden in the loss of our property….If we lose our property, we lose our freedom. No lawyer that I know is going to fight for my freedom. What they lawyers are seeking, though it may not be ill intentioned, is nefarious. Too many Americans fail to see the big picture. The loss of their property or the acceptance of your massive debt is the loss of their freedom. No amount of fiat currency can buy our freedom from the beast. Freedom must be guarded and protected & defended and only WE THE PEOPLE have the power to do that. NO ONE CAN DO THAT FOR US.. I make no mistake, this is a war on our freedom, and this is the final wake up call for mankind. When we lose our property or accept your failures as our own, we lose our freedom, but what we are really losing is our souls. That is what they are really hiding.

  70. Shadowcat, you can beat your own brains out all you want, trying to deceive me. You simply are not going to conquer every soul.

  71. Shadowcat….I know who my enemy is, remember…..? Therefore, you can’t hide from me. You are full of lies & deceit. Therefore, I believe the opposite of everything you say.

  72. You are a victim Deborah. The U.S. Courts have already ruled, deception is evaluated from the perspective of an unsophisticated consumer. They used what we did not know and they saw that as a weakness and they used that as a golden opportunity to try & destroy us. To say they preyed upon what we did not know like animals in the jungle is actually an insult to animals. Animals in the jungle do not take more than they need. Make no mistake, these are evil demons, and their only reason for existing is to destroy us. This was never about the money for the real masterminds of this evil plan. This has always been about making the masses believe they own everything & they own you. When you believe that, they have conquered you. They have succeeded in stealing your soul. Well, they can’t have mine. I know who my enemy is. It wears many clever disguises, but make no mistake it is the prince of darkness. This is just the precursor to the final battle and it knows its time is short. I know we need to prepare for anything but, we need to have faith & know God Almighty has a plan. Injustice is not only criminal, it is the true face of evil. We were deceived into believing this kind of evil could not exist. We were too trusting and believed this kind of evil could not roam the earth or maybe we did not recognize it. Now it can be verified that real evil not only roams the eath but has hijacked the globe. Knowing your enemy, their methods & endgame plan is required knowledge. God Almighty knows, we can’t go into battle without that knowledge. That is why all of the traitors are being revealed. Just as the Creator promised they would be.

  73. Yea…. your a victim alright, of the Bottle! Get A Lawyer! Your an Idiot! I’m NOT a Lawyer! And you can blame me all you want … it does not hold water! Your an Idiot! This DOES NOT APPLY TO ALL Mortgages and DOT. I never pretended to give anyone any legal advise! You just think I’m the enemy because you Wanted Me to Give You Some Legal Advise and I didnt.. I’m NOT a Lawyer and I dont have time to do your Homework and Take your Test for you! Your an Idiot! Get a Lawyer! p.s……. Everything I know about you came from this Public Stream … the rest I pieced together. Your an Idiot! I dont even know your name ……. LOL! Your an Idiot! Get a Lawyer …

  74. There are a lot of innocent victims here shadowcat. However, you are not one of them. How much debt have you crooks accrued to date, not including what you ransacked from the Treasury and still are ….? Like a quadrillion plus a gazillion….You are filthy lying, no good, deceiving evil sleezebag ho’s & theives. Everytime I leave the courtroom, I can’t wait to get home & take a shower and try & wash your filth off. I will be bringing some really high tech weapons with me this time….a Bible, a cross & some holy water. I plan on fighting fire with fire. God Almighty knows that courtroom & that whole damned place could use a good cleansing.

  75. like your post on your treatese DCB , thumbs up

  76. I am real pleased to see this Neil
    im going to let rip here,
    i am a damaged consumer ill leave it at that,
    after spending probably 80 (eighty) thousand on legal fees and audits and the like to support my cause i have gone without many things in life for the duration and i am very comitted,i am not obsessed or possessed its definitely spoiled my life thus far, but i am comitted. I believe there is no coincidence that i now find myself pro se and at the 9th circuit court of appeals, and yes mistakes were made but there are some things that just , well…stink. i have gone to many attorneys to get them to take my case and its been like banging my head against a brick wall. because of the prior council being less competent than myself i am black listed i feel, lawyers take one look at the docket and think im trouble, not so, i am in search of justice for what has been done to me and my life. i do not play victim, rather i will get back what was mine , my money my name and my rights under law, yes my home is gone , but yes i have the paper trail and proof, what i now face is the 9th circuit. but ill tel you all this, miracles do happen if we all stay in truth, the real truth, and god holds me up every day, every day.

  77. @ zur

    hustle= hssl loans= high speed swim lane.

    can you imagine the conversation when they named these loans?

  78. Eeeeeeew shadowcat…..that was really gross. I know your fraud is a germ, but I didn’t know for sure if it wa a fungus or a parasite. Thanks for the gross info. Now I know its a parasite.

  79. @SC re “How well you rate” Im not sure i follow–in fact Im sure i dont follow. re Bluff—-no bluff–I am preparing to release a treatise on state/local taxation of failed trusts —unfiled loan schedules-failing Art 9/PSAs] shortly after 1st of year in cooperation with a fed tax expert—-in a widely read tax geek press. I am asking floor time at Federation of Tax Administrators meetings in spring——

    For you bankers out there—better be lining up your state–local tax experts —there is a bill in the mail—they do not need to condemn your REO by eminent domain–they can seize it for unpaid taxes—and homeowners will be able to block foreclosures–because you lack capacity to bring suit when you are both unregistered and behind on income taxes.

    Bounty Hunters sit up and take notice

  80. You sucubuses & incubuses should know your owners sending their demonic evil spirits, majik tricks & strange incantations only works on those who don’t know who their enemy is so they believe their lies and live in fear……I know who the malefactor is …..his methods & his evil end game plan.

  81. @dcb, NG, anyone – yes , I understand the “protective” distinction dcb makes. Had to read him twice, though! But I can’t agree it only makes sense if the dot follows note. Well, actually I do get his point, but I didn’t enact the legislation which says interests in real property require a writing. The purpose is to prevent fraud when it comes to real prop because r.p. is unique, for one thing: The S of F regulates the single largest asset/investment most people will ever make. The S of F is why even tho some states may not (jury – mine – not in yet; I haven’t searched all states for their versions of S of F) require recordation for an assgt to be effective, a writing is nonetheless required to transfer an interest in real estate.
    And according to the material I linked from the ASF, a transfer of possession is not an essential element of a perfected security interest. That’s, in fact,the very thing they are trying to get around with the psi business: the non-delivery of the notes.
    From the material:
    “Before a buyer’s “security interest” in a mortgage note can be perfected under Article 9, the security interest must attach. A security interest attaches when 1) value has been given for the sale, 2) the seller has rights in the mortgage note OR (weird, troublesome – sic) or the power to transfer rights in the mortgage note to the buyer, and 3) either (a) the mortgage note is in the possession of the buyer pursuant to a security agreement of (why “of”?) the seller OR (b) the seller has signed a written or (drum roll, and add one for my case about electronic commerce) electronic security agreement which describes the mortgage note. See UCC 9-203(b).”

    Handy article on Article 9 Security Interests (note – from 2006):

    http://gslaw.com/resources/pdf/Article%209_Weiler.pdf

    All of UCC 9-203: (2010, I think)

    http://www.law.cornell.edu/ucc/search/display.html?terms=9-203&url=/ucc/9/article9.htm#s9-203

    I can’t say, like many here, what all has gone on with notes, but it seems to me (and we know I trip and stumble on this stuff, not to mention the headache) that the material issued by the American Sec’n Forum is more double-speak. They say the notes are sold, but they go to great trouble to defend the creation of “security interests”, something ELSE. I have to read the entire article at the gslaw link above to see if I can put “buyer” in the same sentence with “security interest”. Oh my gosh. In the material, the ASF has added the words at no. “1)” above “for the sale”. Those rats! The actual reading of 9-203(b) is, as to no. 1, “when value has been given” – period. There is no “for the SALE”. Therefore, the logical reading of the condition for a security interest is NOT value for a stinking ‘sale’ – it’s value for just that – a ‘security interest’. I’d like to know to whom this material was directed, because to me it stinks to you know where. It does never end, does it? It’s just like another stinking white paper I had instructing banksters on their stories for foreclosure and courts which disappeared.

    But I’m still confused… THEY must acknowledge the notes weren’t delivered (and maybe they were never to be sales as some of us have suspected) and this is their justification for actually I don’t know what since I don’t know YET if one with a security interest (only) may enforce the note. Best I can tell, what might exist max are security interests in the notes. I don’t think security holders may enforce a note against its maker, certainly not without rights of subrogation or whatever that would be called relevant thereto.
    If the trust only holds security interests (and that’s even a damn big if), it canNOT be vested at this date with other rights, first of all because of trust law. The trust just can’t obtain new rights or interests past the cut off date. If these trusts weren’t governed by this particular trust law, they probably could, by assgt of the right or interest. But they are, and that makes all the difference. I’m trying to make a distinction: if the trusts only hold security interests, the assets (rights and interests) of the trust can’t be altered at this date.
    As relevant here, trusts cannot accept new interests or rights of enforcement against the makers of notes. As security interest holders, the trust’s debtor is the indentured party, the guy they gave their dough to for the sec interest. If the trusts only have security interests in the notes, because they may not accept new rights or interests, they can’t obtain the right by any mechanism, including Article 3 bearer provisions (for phoney notes or even real ones now located), to enforce the notes against the makers.

    I’m really rattled by this charade. Now would be good time for anyone to be kind and explain any misunderstanding of mine.

  82. Yea…. Ok. Points the Finger to Myself (a victim) and Shakes my Finger …. You Bad Girl! Yu’ve used up all your Majic Fairy Dust and didnt Save any for Insolvent. Saving your money makes you Greedy and being Insolvent makes you the Orgie Host!

  83. I want a debt jubilee…..? No…….its not my debt that is a quadrillion dollars…….that is the FEDS DEBT….. The real problem here is you and your clients are ANARCHISTS…..and you want all of us to pay for your quadrillion in criminal fraud and rob all of us into abject poverty & bankruptcy & I refuse to cooperate, comply & conform with your crime spree.

  84. Well if expecting a lawyer to not ignore criminal fraud and make sure the RULE OF LAW is followed and his clients rights are being protected and not being ignored and/or violated are unrealistic expectations…then ……. here’s hoping they can’t do the same for you some day…..and anyone who is that arrogant to blame the victims of this truly is a SPAWN OF SATAN……

  85. LOL @ Z…. !

  86. “I have witnessed people leaving there in tears because they can’t find an attorney who will properly represent them.”

    Hmmm… Might it be because many of those people come across as such certified lunatics through their incoherent and inflammatory ranting that no attorney in his right mind would consider betting on them? Or… might it be because those people didn’t do their homework? Or even… because those people pretend to know so much better than their would-be-attorneys that they literally chase them away with their unrealistic expectations?

  87. “The Hustle”…I’m still flabbergasted by that. From thesaurus dot com, here are some other names they could have called their little fraud program:

    artifice, baloney, bamboozlement, bill of goods, bunco, chicanery, con, con game, cover up, cozening, deceit, deception, dirty pool, dirty trick, dodge, double-dealing, fake, fast one, fast shuffle, fix, flimflam, frame, fraud, gyp, hanky-panky, hoax, hoaxing, humbug, hustle , imposture, jazz, jive, plant, put-on, racket, rip-off, run around, scam, sell, shady deal, sham, shell game, snow job, spoof, sting, stunt, swindle, trickery, whitewash, wrong

  88. I see we’ve moved passed anger and are now at the pity party stage. If you want a Debt Jubalee….. Get An Attorney! Me …. I’m going to Stuff the Pig till it Explodes. Yep!

  89. I will be inviting the townspeople to the courthouse for my next courtdate.. & members of the media…I want witnesses to what you are describing…..By all means everyone in Cook County should come visit the 28th floor of the Daley Center & bear witness to what is occurring in there everyday. I have witnessed people leaving there in tears because they can’t find an attorney who will properly represent them. It is an utter disgrace…..!

  90. Unless I get an attorney…..you sick pervert….

  91. I know you are tinker-bell…..an imposter……and you & I both know….no amount of your evil fairy dust can save you….you are simply out of majik Trix……you can’t pull a rabbit out of your black hat with this one…..

  92. Nope! Sorry Insolvent, No Majic Fairy Dust, the bag is still Empty. How is that search for your Genie in a Bottle coming? You really need to focas on your other alternitve and get an Attorney. Tick..Tock..Tick..Tock..Tick..Tock.. File Now!
    ***Sprinkles Fairy Dust***

  93. U.S. sues Bank of America over “Hustle” mortgage fraud

    By Jonathan Stempel
    NEW YORK | Wed Oct 24, 2012 7:15pm EDT
    (Reuters) – The United States filed a fraud lawsuit against Bank of America Corp, accusing it of causing taxpayers more than $1 billion of losses by selling thousands of toxic mortgage loans to Fannie Mae and Freddie Mac.

    Wednesday’s case, originally brought by a whistleblower, is the U.S. Department of Justice’s first civil fraud lawsuit over mortgage loans sold to the big mortgage financiers, which were bailed out in 2008.

    http://www.reuters.com/article/2012/10/24/us-bankofamerica-fraud-lawsuit-idUSBRE89N17120121024

  94. MAY I ADD…..THE ORIGINAL MORTGAGES & NOTES WITH THE BLUE INK…STAMPED PAID BY THE U.S. TREASURY DEPT……I AM NOT TALKING ABOUT THE COPIES….THE COUNTERFEITS THAT YOU PASSED AROUND & SWAPPED….

  95. Where are OUR original notes & mortgages stamped paid by the U.S. TREASURY ……..? THE FED DOESN’T HAVE THEM BECAUSE THEY DEFAULTED ON THEIR MORTGAGE THEY OWED ALL OF US……THAT’S RIGHT AMERICA……!…..THE FED INVESTORS TOOK OUR MONEY & RAN AND THEY WANT US TO PAY THEM FOR OUR OWN ROBBERY…..! THEREFORE….WE THE PEOPLE DEMAND OUR SATISFACTIONS……NOW…!

  96. Shadowcat …..YOU are not only a pathetic sorry assed imposter……but YOU are an immoral vulture……I want my ORIGINAL cancelled notes & mortgages…….but you crooks don’t have them….because you DEFAULTED & YOU took MY MONEY & EVERYONES MONEY & RAN…& now you are trying to steal whats left of the carnage you created & you wany my soul….well you can forget about it….I won’t allow myself to be a sacrifice at your pagan altar…..Send me my satisfactions you crooks…..!

  97. There is no legal cure for the FEDS MASSIVE DEFAULT ON THE MONEY THEY NEVER REPAID TO THE U.S.TREASURY……..AKA …..THE ORIGINATION FRAUD….There is no monetary fix for the massive gambling frenzy that followed that MASSIVE MORTGAGE DEFAULT BY THE FED…..A QUADRILLION DOLLARS IN CREDIT FRAUD……This was the BIGGEST FED INVESTOR PONZI SCHEME SWINDLE & HEIST OF OUR WEALTH IN HISTORY….. THE FED INVESTOR ANARCHIST HAVE NOW SENT IN THE VULTURES…..IN THE FORM OF NIHILSTS & COMMUNISTS & OTHER IMMORAL CRETANS TO CONVINCE US THEY OWN OUR PROPERTY & THEY OWN US. THAT IS SIMPLY NOT THE CASE….THERE ARE NO FACTS TO BACK UP THOSE CLAIMS…..THE TRUTH THEY ARE HIDING IS IN THE ORIGINATION FRAUD……THESE PEOPLE ARE IMPOSTERS WHO HAVE NO MORALS WHATSOEVER….AND IN REALTY…….THEY OWN A BIG FAT ZERO…….!

  98. The only thing I’ve been trying to do is run your pathetic, sorry excuse for a human being ass off this site. Tick..Tock…Tick…Tock…Tick…Tock….FILE NOW!

    Tick..Tock…Tick…Tock…Tick…Tock….FILE NOW!

    Tick..Tock…Tick…Tock…Tick…Tock….FILE NOW!

  99. On the contrary shadowcat….you are the stalker who is trying to intimidate me with a lot of deception, lies & inuendos to cover up for your massive CRIMINAL FRAUD but YOU have no facts to back up anything you say… As if emails & conference calls aren’t part of this massive crime spree…! Because of the ORIGINATION FRAUD…..THE MASSIVE DEFAULT ON THE FEDS OWN MORTGAGES……ANY ACTIVITY FOLLOWING THAT CRIME IS CRIMINAL. Bankruptcy solves your problem…..THAT EXTINGUISHES YOUR DEBT……NOT MINE…….AND ALLOWS YOU TO STEAL PROPERTY THAT THE FED NEVER PAID FOR TO FAKE A CURE FOR YOUR MASSIVE DEFAULT …..MORE PROPERTY & MONEY FOR YOUR INVESTORS. TO STEAL FOR YOURS & THEIR CRIMINAL POCKETS AND MORE FRAUD FOR YOU CROOKS TO INVEST IN ……WHEN IN REALITY……YOUR MASSIVE, UNSUSTAINABLE & INSOLVENT DEBT CAN NEVER BE CURED……..! ITS CLEVERLY DISGUISED CRIMINAL FRAUD ON STEROIDS….! THE POLITICIANS ARE FINALLY ADMITTING ALL OF THE DEBT IS FRAUD & IT IS UNSUSTAINABLE …… & THERE IS NO CURE…… THE TRUTH IS………..YOU ARE NOTHING MORE THAN AN INSOLVENT VULTURE….!

  100. NICE! 10*

  101. Let me boil that down: there was no “sale and assignment” of the notes. They’re trying to hang their hats on a “perfected security interest”, which doesn’t conform to the psa or imo to Art 9, and I would
    bet the farm also doesn’t comply with trust law. But here’s something I think I know: these notes were registered electronically on MERS’ “electronic registry”, supposedly complete with “controllers” of the now-digital notes (controller is a requirement of electronic commerce), and they were traded thereto electronically. What that means to me with my decidedly limited understanding is that the agreements of sale and assignment were executed and delivered electronically, including electronic signatures, with no ‘paper’ involved. I believe I can support this assertion or alternatively, provide enough info to support a need-to-know clearance. I could be way wrong – not done yet. In fact, I could use some help because alternatively, even tho MERS did have an electronic registry, it may be that they skipped the sale and assignment by way of even electronic commerce and just showed what was purported to be the bottom line, the (latest) noteowner on MERS’ registry. But if they did try elec commerce, since such electronic trade would not be done pursuant to art 3 (unless they used electronic endorsements on millions of notes – not), it had to be pursuant to another article – 9. (that one guy who got so huffy a while back swears they’re reg’d by Art 8, but refuses to contribute and support that argument). Okay, so 9. “Sale and assignment” could have been achieved electronically, I’ll hazard, if everything were done properly for electronic commerce. So WHY keep the electronic-commerce sale and assignment secret? The reasons which readily comes to mind is that none of those folks want the MERS’ database looked at, not for one second, and right behind that is that it wasn’t done properly at all. Which once again makes me wonder what’s going on with that MERS’ 7 year contract with Genpact.

  102. The PSA that im familiar with [and seemingly pretty much boiler plate] provides a formula in effect to document the sale of intangibles–notes. They use the method prescribed to “perfect” a security interest—which also requires transfer of possession as I recall. In my experience the sale of intangibles requires pretty much the same thing as the UCC Art 9 financing statement–as far as detailed scheduling—-except that a sale does not necessitate the filing of a financing statement with Sec State as UCC does—but if you think about it –a buyer of a note wants the same protection as a secured party —so thedifference becomes minimal—and as far as i could see the PSAs tend to state that the financing statement filing and loan schedules so filed are backups in case under state law the transaction is deemed to be a secured non-recourse financing rather than a sale.

    But the art 9 en masse scheduling and filing is just the 1st tier of conformity–with UCC —-and the PSAs which also speak to indorsements etc referring to art 3—-Art 9 is principally aimed at publicizing the interests of the parties in bulk–as between the depositor and trusts for example—what was intended to have been transferred between 3rd parties OTHER THAN THE MAKER. Art 3 is necessary to prove to the maker the right of the holder to receive payment—–thus the banks etc place emphasis on Art 9—-and tend to ignore art 3—since they do not intend to comply with 3 since it is primarily for protection of makers–insofar as this particular kind of instrument is concerned,

    my sense is that the collector attys pretend they never heard of Art 3—and could care less whether a maker is protected from double claims

    does this make sense to you—-? Art 9 protects bank-trustees interest –art 3 protects makers–ie homeowners

    one could say that the art 9 filing of a schedule with your loan listed is sufficient proof of an interest in the note to survive a MTD—but the Art 3 presentment is the final proof needed to get final judgment

    the only way that the system is rational is if the mortgage follows the note–they cant rationally be split—cant have one party enforcing a note and another enforcing the security interest

  103. hman – if you want to email me your policy, I’ll look at it.(I don’t care if you black-out your name and address). I take it the pol was for a refi, which is the biggest reason the lender shows as the insured, not you. You just had the privilege of paying for it – not unusual, par for the course. johngault764@yahoo.com
    I admit I’m confused about your stmt that the pol was “applied for a week after closing”. That appears weird. A copy might clear this up, at least for me. Purchase loan?

  104. @shadowcat
    Thanks for the Best Wishes I appreciate it. We are just trying to understand how & why this is being allowed to continue in America.
    On the news today in Southgate,Ca. a woman with stage 4 breast cancer is being evicted from her home by Wells Fargo.
    @Johngault
    Thanks for the info re: Cabusas vs MERS
    I have learned so much on this website and I appreciate it so much.
    Thank you!

  105. @dcb & NG – I probably shouldn’t be allowed to look at the UCC! I hates that stuff. But, in reading the material at my link some more, it’s clear, for one thing, that it’s written mol in code to justify and prop. The material makes numerous ref to the psa’s calling for transfer by end and delivery AND (and THEY even emphasize the “and”) sale and assignment of the note. Well, I must be just too thick. Negotiation pursuant to 3 is not sale? Dang. I’m late and certainly confused! Then they go on to say that because the psa’s effect / perfect a “security interest” in the notes for the trust, this cuts it for the sale and assignment required by the psa. In other words, in an at least somewhat tortured interpretation of the UCC, in order to find compliance with the sale and assignment agreement if not Art 9 (and enforcement of the notes, no doubt) they are acknowledging that the letter of the psa has not been met, but that a “perfected security interest” gets it in lieu of the sale and assignment. The material goes on to describe what perfects a security interest. This is all discussed in greatest detail on pgs 14 & 15. This needs looked at by someone smarter than me. Okay, there’s admission (in this likely judicially noticeable material) imo that the notes weren’t subjected to “sale and assignment” as called for in the psa’s if not by Art 9.

    “The sale of mortgage notes is also governed, in significant part, by Article 9….Article 9 addresses the sale of mortgage notes, regardless of whether they are negotiable or non-negotiable”. P.14

    As I said earlier, I think, one of their big premises is the “mortgage follows the note”. Some antiquated case law which does not
    consider the statute of frauds in regard to real property is cited in support. They don’t believe this bunk in the first place, but even if they did or even if it were true, the psa’s call for assignments of the collateral instruments, and they’re just trying to get them in “a tad” late without objection since MERS’ Consent Order has outed the fact they weren’t’ done. Generally, statutes are default law to be used in place of legal contractual ageements. So even if some statute found the notes follow the dot (which none do or show me one), the contractual agreement would rule in deciding a contractual dispute. (That’s not the homeowner’s argument – the homeowner’s argument imo is the S of F and even the material makes ref to state laws generically, which would include the S of F – again, read carefully if you do and I hope you do). If they believe the dot follows the note, why would they execute assignments in MERS’ name or otherwise? I believe we’ve been asking this one for sometime now. The only answer I can think of is the “tad late” attempt to comply with the psa’s. And even if none of what I posit in regard to real property interests and the S of F, etc. were true, enforcement has always required Notice of the claimant’s right.
    Moving right along. I think the attempt to kite-tail onto the requisites of the psa and Art 9 is pathetic. Since the psa terms for sale and assgt weren’t met, and IF this leads to a legit conclusion the trusts have (only) a “perfected security interest” in the notes, which appears to be the material’s own stance, (not to mention significant rams re: the coll instruments), does a party with only a “perfected security interest” have a right to enforce a note? Or are we going to shine all this non-compliance with what appears to me to be both contractual and statutory provisions, and keep allowing sole reliance on the bearer provisions of Art 3 and some honky, illegitimate assignment of the collateral instrument by servicer and other non-party employees in MERS’ name?

  106. LOL! You Read Between the Lines …. You Should be Reading and Comprehending What Neil is Saying to You in a Very Clear and Concise Manner. Your wasting your time stalking me … Have you heard of Conferance Calls and Emails and Messaging? Things that go on behind the scences. Sure You Have! Your Wasting Time! Tick..Tock..Tick..Tock..File Now!

  107. Shadowcat……not only is my vision 20/20…but I can also read between the lines….There clearly is something you crooks never counted on anyone having with this scam……MORALS…

  108. Shadowcat….why don’t you stop pimping for these ho’s …? Or are you a pimp & a ho…..? Either way….I refuse to participate in this FED debauchery……Because it is not only immoral it is illegal..!

  109. Your an Idiot! I didnt say that! Is the bottle blurring your Vision again?

  110. THE FED ANARCHIST INVESTORS WHO ARE HIDING BEHIND THE SCENES OF THIS GET ZERO STARS……THEY ARE COWARDS WHO USE THEIR NIHILISTS PERPS TO BULLY ALL OF US…..HOW DO YOU LIKE THAT…..? WHAT SHADOWCAT NEEDS IS A DOCTOR FOR THAT NASTY CASE OF CAT SCRATCH FEVER SHE HAS…THE SEVERE BRAINWASHING & INNOCULATING BY THE INCUBUSES…….AKA THE COMMUNIST ANARCHISTS HAS TURNED HER INTO A NIHILIST & AN ATHEIST…..OH MY..!

  111. Shadowcat just told the truth…..in a quite deceptive way of course…..its the stinking notes………AKA THE RULE OF LAW…….that is the only thing stopping these FED INVESTOR crooks from stealing the place….!

  112. @DCB….. How Well Would You Rate Me on Playing Their Game? 1-10 stars…. Most Homeowners are not in our position, and can be easily Bluffed/Bullied. I Wonder How they Like a Taste of Their Own Medicine?

  113. Anyone with title insurance knowledge please help.

    I recently received a copy of a title insurance policy on my loan. The insured on the contract is the “lender” not me. The policy was signed 1 week after the home was refied? After the loan closed and was recorded the policy was applied for. Also, the policy didn’t close for over a month after the “new” loan was already recorded.

    Also, does anybody know what SR1 means in reference to title insurance? I’m not sure if this is relevant but it says this on the lenders policy.

  114. @JG RE: Your commet … Yes, this is what got them into trouble -in Judicial States when FCs were later dismissed. Think about It… ——————————————————————————————
    Unfortunately, as to these stinking notes, the presumption is probably in favor of legit possession (by way of delivery) by the claimant

  115. The collection agency’s goalpost is to seize the house—if they can bluff the homeowner into turning the house over via a settlement —-and delay the presentment of the note until after obtaining control over the house—then they made it to the goalpost.

    thus one must be very careful how the settlement is structured: Does it require that the collector turn over the note? HINT: It must to cut off subsequent claimants]. What if the note is to be handed over after all else has transpired? Then the collector tosses the homeowner a document–professing that it probably is real but not necessarily so….

    where does that leave the homeowner—home gone–maybe deficiency pmts being made—damages waived etc—but at the end of the day–the debt is not discharged–the note is still lurking out there in some warehouse—perhaps sold by the pound with thousands of others—AUTHOR–would you be willing to work this fact-pattern?

    Just call me flim-flammed in Ohio.

  116. @dcb – (you still here?) I was reading that material I linked from the
    ASF and noticed, probably for the first time (!), the word “delivery” in discussing transfer. A person is entitled to enforce a note it possesses, providing he can prove it has been ‘transferred’. If I find a note on the street, it hasn’t been “delivered” to me, so it hasn’t been
    transferred. Each (delivery and transfer) connotate a voluntary, intentional act by the transferor for another to have possession. Even if the transferor’s intent in changing possession is not to create rights in the recipient of a delivery (like a bailment), the instrument had to have been “delivered”. One in wrongful possession, like a thief, of a neg instrument has not had the instrument delivered. Following this reasoning, a thief is not in fact entitled to enforce a negotiable instrument. Neither is anyone else in possession of a note which has not been “delivered”, unless the reliance is independent of the voluntary act of delivery required by art 3. A document custodian for the transferee (and thus the transferee), on the other hand, unlike a thief, HAS had a note delivered. But a question: does that custodian have control or is the note’s physicality (lack of better word) actually controlled by another party when there is no expressed agreement for that other party’s control? In order for a servicer, say, to legitimately control the note as an agent, say, for the secn trustee, it has to do so under some legit agreement. In the absence of that legit agreement, if the servicer or another party is controlling the note, the trustee does not have the requisite control and maybe never did, even though the note were in the alleged possession of his custodian. He has to control the custodian. If he doesn’t, there’s been no delivery. A trustee is free to delegate control (like to a servicer), I suppose, but if he hasn’t done so in some expressed manner, and the physical note is controlled by another, the trust has not taken delivery and can’t enforce the note. Neither can the other party (like a servicer) for lack of delivery to it. Taking a note from a vault without expressed authority from its holder is not “delivery” to the party helping himself.
    I doubt anyone wants to have these arguments regarding right to enforce, though I think they hold water. It reminds me of the gross lack of authorization (agency, contract, poa – something) routinely demonstrated by all these actors and routinely accepted by courts. Whether or not a court should demand evidence of authority, and in my book it should, a court is just not going to make these arguments for anyone. But at any rate, this “delivery” mandate seems to me to undermine enforcement by a thief. Unfortunately, as to these stinking notes, the presumption is probably in favor of legit possession (by way of delivery) by the claimant.

  117. Off topic—but a very interesting video regarding 9/11 (non) “highjackers”…the REAL story:

    https://www.youtube.com/watch?v=mDYUB6C_a24&NR=1&feature=endscreen

    I guess it does all relate, though…the financial situation/crash and the reality of 9/11 are inside jobs manipulated behind the scenes by the same entities for the same purpose…

  118. Time to throw these freeloading squatter occupying! FED ANARCHIST, sheister crooks out of America by RULE OF LAW………BECAUSE….THEY NEVER PAID FOR ANYTHING….!

  119. @NG – I don’t know which (if not all) states require that the NOD
    contain an articulation of the amt due and a time certain by which to cure. In any state where this is a requirement and the NOD fails to conform, the NOD is materially defective and should impact the legitimacy of a f/c imo.

    I have been opining for some time now that an unrecorded assgt of a dot, while effective and binding on the assignor and assignee, is not
    binding on the homeowner or anyone else without notice. I further have argued foreclosure, or any act to enforce a dot, requires Notice of the claimant’s rights, generally accomplished by recordation (of a legit doc, of course). The heinous piece below acknowledges this (read carefully). It also makes reference to assgts (if any!) done in blank for the alleged ben of trusts and posits that blank assgts are kosher. They’re not – they transfer nothing, no more than a blank deed would. These aren’t bearer (neg) instruments, and any court that I know of confronting the issue has ruled blank assgts are bunk.
    This material also discusses Art 3 and Art 9. It’s part of the playbook for banksters and is worth your time reading; if filed accurately, it would join many other pieces under “creative writing”:

    http://www.americansecuritization.com/uploadedFiles/ASF_White_Paper_11_16_10.pdf

  120. No SOL for fraud…

  121. @Jan

    “…have those Instruments declared “wild deeds.” And then you start piling on the damages, which quickly are far more than that house could ever be worth.Remember: when you get in front of a Jury, they have no friends, and Judgments can easily go into the millions. So don’t be shy, go sue the bums.”

    Sounds good to me!!!

  122. In a foreclosure the owner is entitled to the “overage” which is the amount in excess of the amount of debt. The trustee is required to pay the excess to the homeowner. What is the overage in a situation where the trustee of the pooled fund foreclosed and took it back. If the loan was sold multiple times, credit swaps insured against any loss to the investor then it seems to me that the overage is actually quite large. The investors, wall st. brokers, etc. did not lose any money and even made money. It might be a good area to explore.

  123. I tried posting the link here, but BoA got sued today for Countrywide’s misrepresentation to Fannie/Freddie of the quality of Countrywide’s loans from 07-09. Apparently Countrywide even called what happened during that period “The Hustle!” No question about that, my friends!

  124. I like this idea and hope to hear how it works in different states and courts. Our home was foreclosed last year while in a BK13. I then emailed the AG in our state, they contacted IndyMac/One West bank.A Joseph Kiaune contacted us and told us “The bank errered, we are requesting a rescission of the sale, and we will give you your loan mod (Freddie Mac Hamp Back up loan mod) back.” We had an appt. that day with an attorney, we retained her. He told her what he told me. A month of stalling (our attorney contacted the flipper and was told “no one from the bank ever contacted him) and the flipper evicted us through UD court because he was a “bona fide purchaser” ruled by a very very OLD Judge. Before we were served with a 3-day notice we filed a complaint against the bank. We had to discontinue our suit due to the Loan Mod was not signed by the lender which made it “invalid”.
    The loan mod they sent us included a Notary form which was illegal for the notary to sign in ca. They accepted 2 payments and then denied because the illegal notary form they gave us was not notarized although the notary did sign and notarize the California all-purpose ceritificate of acknowledgement form. We still have time to refile.

  125. Neil’s comments on “res judicata” and “collateral estoppel” are only partly correct. IF, big “if,” you commence the suit for damages including theft by conversion against the bank and the servicer (the pretenders, to be sure) and in DOT States, against the trustee outfit, within say the USDC prior to the very last disposition in the trial-level court (state ), then the notorious “Rooker-Feldman Doctrine” does not kick in. To grasp how this works, I would suggest review of the threshold case, “ExxonMobil v. Saudi Basic Industries Corp.,” and the cite is 544 US 280, 125 S. Ct. 1517, 161 L. Ed. 2d 454 – Supreme Court, 2005 .

    Now this case is the outgrowth of two lower-court Decisions, and you can find them on Google Scholar: Saudi v. Mobil Yanbu, 866 A. 2d 1 – Del: Supreme Court, 2005 – Google Scholar, and the appeal thereof, Exxon v Saudi, 364 F. 3d 102 – Court of Appeals, 3rd Circuit, 2004 – Google Scholar. These cases (the trilogy, culminating in the Supr. Ct. Decision), set out the parameters of Rooker, but also establish the principle that if something is still going on in another court, even is that is no more than a “notice of appeal,” then that case is not at finality, and your new case is not limited by what happened in that previous case.

    In your new case, be sure to ask for injunctive relief, preventing the gangsters from barring you from your home or from selling the title, or filing Instruments on the Land Records, or if they did, to have those Instruments declared “wild deeds.” And then you start piling on the damages, which quickly are far more than that house could ever be worth.Remember: when you get in front of a Jury, they have no friends, and Judgments can easily go into the millions. So don’t be shy, go sue the bums.

  126. Off topic but everytime we hear Barofsky, we learn something new…

  127. I like this approach very much, and it is what I plan to do if the BOA constrictor will ever take my house. One problem though–in my state/federal district, case law states that if you don’t challenge the foreclosure before it happens, then it is final once it does happen. I may have read the case law wrong, but I don’t think so.

    I did litigate during the attempted foreclosure, but I’m not worried about res judicata in the new suit I will file once (or if they ever do) take my house because the suit would be brought on the improprieties committed in an actual foreclosure. I think the suit I brought against the attempted foreclosure may actually help me in the post-foreclosure suit because in the attempted foreclosure suit, I made sure the bastards told a story on the record (which was obviously false, but they swore to it) and gave them enough rope to hang themselves.

  128. We have tons of letters from Wells with words like ” after through review of the paperwork submitted” you QUALIFY for the HAMP program? we were denied in moments after going on the Freddie mac site.. WHAT KIND OF REVIEW COULD THEY HAVE DONE? That has to be FRAUD? maybe even Mail FRAUD?

  129. Just a bit more, we were constatly told freddieMAC was the investor, we went on there website after months of this crap and put in our info and was DENIED in moments that it was a second home, there guidlines state it’s not cabable so why would Wells fargo NOT go to freddiemac and ask if we could go on the HAMP and them come back and tell us we can’t BEFORE all the BS and payments for nothing?

  130. I’ve written before on the website before now long after the home was taken.. I believe my case is different and pretty solid in a way but not sure how or who can handle it but I read your stuff all the time..

    I lost my home to Wells fargo, the difference is it was a second home. I was treated like it was a first, put on the HAMP, made all the payments then told OOPS! you should not have been put on that, and told KEEP SUBMITTING, I was then put on the HAMP AGAIN! then told OOOPS! again.. meanwhile time is going by I’m deeper and ofcoarse I was told originally that since I was current I’d have to be late 3 months to even submit.. the case of FRAUD should be evident here, misrepresenting the HAMP to me twice, accepting payments.. and still taking my home..

    any thoughts? James

Leave a Reply

%d bloggers like this: