Banks Could Owe Trillions on Fake Rigged Credit Bids

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Editor’s Analysis of Auctions of Foreclosed Properties: Nobody thinks about it because it basically never happened. The laws of each state whose statutes I have looked at including the provisions of most promissory notes are clear — if the creditor receives a payment in excess of the amount due, the excess must be paid to the borrower.

We all know how keen I am on applying that that precept to the receipt of insurance, credit default swaps, guarantees and Federal bailouts, but there is a much simpler aspect to this that can be pled in the alternative when one is attacking the foreclosure sale. Remember that in most states alternative pleading is allowed and even encouraged. So your alternative pleading in this case would be that the foreclosure was wrongful OR, if it wasn’t wrongful then the borrower is entitled to money. How? Why?

If the Judge won’t let you come in through the front door, you find another door or point of entry. In this case, the strategy I am proposing puts the issue  right on the table and could even be limited to this one cause of action. It would be breach o contract and perhaps a second count for breach of statutory duty, nullification of instrument (the deed in foreclosure). What you are looking for is damages.

The allegations supporting the cause of action for damages would be that the creditor never alleged pr proved the amount they lost or misrepresented the amount they lost. We are talking money here, not notes, mortgages, assignments and indorsements. Money is the key to the evil that was perpetrated and money is what will bring the perpetrators into a perp walk even if the government is reluctant to do so.

If the non-creditor bids $350,000 for the property based upon the  Foreclosure Judgment or the papers filed with the “substitute trustee” (why is there ALWAYS a substitute trustee?), then the amount due on the bid is $350,000.

If your allegation is that the “creditor” never had a loss, never showed proof of payment , proof of loss or any actual transaction in which money exchanged hands from the “creditor” to any other party to acquire or fund the origination of the loan, then there is no loss. Yet the non-creditor paid nothing because it submitted a credit bid which if you look at your state statutes you will see is near impossible for them to offer and certainly should not be accepted in lieu of cash. The statutes say the bidder must pay for the bid, especially if they have already received the deed on foreclosure (which you have pled alternatively should be nullified). Paying the bid means payment in cash.

So the court is faced with a conundrum. On the one hand it ignored your prior arguments of lack of standing, lack of injured party, but on the other hand the Judge has before him or her a perfectly valid complaint that cannot be dismissed on its face on the basis of res judicata or collateral estoppel because the cause of action arose AFTER final judgment. If the Judge does the right thing, then he wil deny any motion to dismiss from the other side and then allow discovery.

Once you get into discovery the only issue is whether the “creditor” was indeed a creditor and if so how much they actually “lost” by the alleged breach of the promissory note by the borrower. They can only prove their side of the case by showing that money exchanged hands and that the money came from their pocket, not someone else’s pocket.

This discovery will also lead to the question of what was reported to investors, how the proceeds of insurance and credit default swaps were applied, all of which reduce the amount due from the borrower because they reduce the amount payable to the “creditor.”

Assuming the “creditor” is unable to account for the application of proceeds of insurance and credit default swaps, and assuming that they are unable to show a canceled check or wire transfer receipt and wire transfer instructions, then the amount of their injury is zero or perhaps even less than zero if they received fees and compensation from the yield spread premium, the insurance, and the guarantees and hedges like credit default swaps.

The auctioneer has a duty to collect the money and distribute it according to statute. If the “Creditor” submitted any bid, you have just proved that they were owed nothing and therefore their bid should have been paid in cash. The Court must them either nullify the sale or, if enough time has gone by, the probabilities rise that the “creditor” will be forced to pay for the bid. The amount paid is an “overpayment” for the actual loss. Under statute and the note, such overpayment are due back to the borrower.

This is an easy case, like personal injury only less paperwork, for lawyers to take on contingency and make a ton of money for themselves and their clients. With standard contingency if the bidder is forced to make a payment in the amount of the bid, then your fee in the above example would be over $100,000.

If the Court nullifies the foreclosure, the next step is quieting title perhaps in the same order, and you get paid by a note from the client with collateral — namely the house upon which there are no longer any encumbrances. That note can be negotiated into the secondary market the way the banks should have done in the first place.

The next step would obviously be the abuse of process, wrongful foreclosure and slander of title just to name a few causes of action that can be prosecuted against the “creditor” and its successors or assigns, seeking damages, treble damages, punitive damages and exemplary damages.

The moral of the story is that the banks can fake the story about the money in the loan documents, the assignments and indorsements. But they can’t fake the money transaction for which their are footprints at the banks, account processors for the banks, Federal reserve and network exchanges where the money is routed when paid. They will argue that they already proved their case with the note. But the note proves the DEBT not the LOSS.

79 Responses

  1. I am also interested in confused s ?
    Call me 9167162542

  2. .

  3. Bob G also the FBI FEC SEC STATE OF CA ATTRY GEN LOCAL PROSECUTER CA DEPT OF BUS all refused to prosecute

  4. Dear bob g:
    In my case the UD judge would not adhear to the law when he had the evidence to rule as you suggest and refuse to rule on standing when presented and said thanks for coming I am not going to be the first

  5. I’m not sure that this will work. The fact that the bankster got a foreclosure judgment in its name means that the court has found that the bankster is the real creditor and real party in interest. How one attacks this finding post judgment baffles me.

    The violation of law may occur post judgment, but who has standing to challenge it? One would have to prove that the bankster is not the real creditor, but that ship has already sailed it seems to me. Proving that they weren’t the real creditor should have been done in the foreclosure proceeding.

    I just don’t see how a court would entertain such an attack post judgment. One would have to prove extrinsic fraud occurring during the foreclosure proceeding by evidence that was not available to present during that proceeding. I don’t think that intrinsic fraud–that generally practiced by the banksters during the foreclosure proceedings–would be grounds for attacking the judgment.

    Simply put, if the banksters get a foreclosure judgment, whether they are the real creditor or not, they can do a credit bid. If they lack standing to get the foreclosure judgment, then the credit bid becomes moot.

  6. I was told by an attorney over 2 years ago what this scam is all about. The attorney told me they want to take it all from us. They want to take every property. He said there has been a coup de tat here and they want complete communism.

    He alluded it is the banks that are doing this. The banks are just one of the many weapons in the arsenal of the bank owners/investors. This is in reality, the biggest investment bank scam in history because they don’t own anything. Everything they have they stole from us.

  7. I have been noticing the info on the Internet is all of sudden not as abundant as it was just a week or so ago. I have been noticing it for a while, subtle things like info that used to be easily accessed is gone. Questions don’t bring up pages & pages of hits, just a few. They are taking our ammo away in more ways than one. What a bunch of quacks. Beware of how they operate, their thefts are always subtle so they don’t cause a panic. I remember what Max Keiser said a while back. If they can’t foreclose they will probably gas the people in their homes.

    Creepy George Soros was interviewed on CNBC this morning. That’s never a good sign. These shits are megalomaniacs. They really believe they are gods. Nothing worse than a bunch of rich, greedy control freaks trying to control the world and everyones lives.

    I have noticed ever since these hedgies have been getting caught up with, all the crap ramped up with North Korea. I don’t see anything as a coincidence with these evil doers. They are never happy and are always on a power trip. Enough is never enough for them.

    The daily barrage of terror threats just don’t stop in our daily lives. They have a gun to everyones head and they want ours? You better do this…you have to do that or the consequences will be severe. All while their crimes against us grow deeper. They are slowly robbing us of our free will and many Americans are waking up to their world domination scam. They are using many subtle forms of abuse to see if they succeeded in Classical Conditioning everyone to cooperate, comply & conform. The signs are clear, they are way out of control.

    I was talking to a young man who works at the grocery store. He said his family hunts for their food and their hunting license and tags are about to expire. He told me the price of renewal is becoming unaffordable. He said “they” are making it impossible for us to feed ourselves. I agreed. People are getting angry at these control freaks. Everything starts out subtle…they charge you a bit more here & there and you are slowly getting less & less. They are slowly exterminating us and people are becoming more & more aware about what these evil control freaks are trying to accomplish is just pure evil.

  8. Deborah those attorney’s have to tell you that. I don’t believe their b.s. or let them stop me from defending my properties.They told me the same things. The banks stole gazillions from us by loads of deceptions. Enough is enough. I refuse to back down. Now the same crooks are orchestrating a scenario with North Korea to incite Nationalism said one Security Expert today on FOX news. Terror threats is all they know. Cause-effect-solution. They manufacture a cause that terrorizes people and then they give us their solution. They are not only criminals, they are all insanely evil.

  9. im sorry – its old isnt it. im sounding off, but anyhoo, its worth it thats all im saying.its important to me and it should be to you all that when you decide to fight, do it with aLL YOUR HEART MIND AND SOUL

  10. they raped lots of lives,

  11. its not about the money understand- they raped my life i did nothing wrong, many may argue that point to live with the man in the mirror but until im put back in a better place and indemnified from future claims ill fight.

  12. Where did all the money go? Secret Files Expose Offshore’s Global Impact

    Posted on April 4, 2013 by Deadly Clear

    Is a third of the world’s wealth tied up in the secret area of offshore? The mega-rich use of complex offshore structures is exposed.
    By Emily Menkes
    April 4, 2013, 1:00 pm

    Today marks the beginning of one of the biggest financial leaks in history.

    The International Consortium of Investigative Journalists has just released the first stories from a global collaborative project into the world of offshore money. The Tax Justice Network, an advocacy group claims that a third of the world’s wealth is tied up in the secret area of offshore.
    For the past 15 months, journalists from over 40 countries have worked together to shed light on this issue.

    And here’s some of what they found. Read full story here.

  13. They keep winning. What can I say?

    JPMorgan Court Win Changes Banks’ Liability Picture
    Text Size Published: Wednesday, 3 Apr 2013 | 2:52 PM ETBy: FSA

    Asset Management and subsidiaries of the French bank Dexia sought damages of $774 million for fraud in 65 mortgage-backed securities sold by Bear Stearns, JPMorgan, or Washington Mutual, according to court documents.

    FSAM was the original purchaser of the 65 certificates in question. It sold 60 of them to Dexia.

    (Read More: ‘Too Big to Fail’ for Banks Not Solved Yet: Fed Gov. Tarullo)

    Judge Jed Rakoff, of the Southern District of New York, threw out all Dexia’s claims.

    Rakoff’s decision was based on an arcane point of law that said fraud claims don’t transfer to secondary buyers unless they are specifically assigned.

    In the suit, JPMorgan alleged there was no fraud involved. But even if there were, the judge’s ruling means that Dexia would be out of luck.

    (Read More: The Party Isn’t Over Yet: Wall Street’s Bank Picks)

    The ruling leaves only five certificates in the lawsuit and cuts JPMorgan’s liability to an estimated $5.7 million, according to court documents.

    JPMorgan declined to comment. Lawyers for the plaintiffs could not be reached.

    Rakoff’s decision could drastically cut future liabilities related to mortgage-backed securities suits for JPMorgan and other banks.

  14. Regulators probing alleged mortgage insurance kickback scheme

    The Consumer Financial Protection Bureau settles accusations against four private mortgage insurers that they improperly kicked back money to lenders.

    By Jim Puzzanghera, Los Angeles Times

    April 4, 2013, 5:19 p.m.
    WASHINGTON — Federal regulators are conducting an extensive investigation into an alleged mortgage insurance kickback scheme that pushed up costs for home buyers dating from the mid-1990s.

    The Consumer Financial Protection Bureau, in disclosing its first action Thursday, said the investigation revolves around a scheme in which banks and other lenders required private mortgage insurers to seek backup insurance from lender-owned reinsurance companies.

    The backup insurance essentially was worthless and amounted to an improper payment to the lender by the mortgage insurer to acquire new customers, consumer bureau officials said.

    Such a scheme was made possible, they said, by the general lenders’ requirement that buyers with less than a 20% down payment take out private mortgage insurance to cover the additional risk of the loan.

    The consumer bureau said Thursday that it had settled accusations against four major private insurers, including giant MGIC Investment Corp., that they improperly kicked back money to lenders that steered home buyer business to them. The four insurers agreed to pay a total of $15.4 million in fines for actions that accelerated during the housing boom.

    Regulators probing alleged mortgage insurance kickback scheme
    The Consumer Financial Protection Bureau settles accusations against four private mortgage insurers that they improperly kicked back money to lenders.

  15. Deb,

    We’ve all heard that. When you do, run away. It is part of the tactic to get you demoralized and incite you to stop the fight. I’m one of those people who, when you tell them they can’t do something, they will do whatever it takes to prove you wrong.

    What has been happenoing more and more is that, when the fight goes on for too long (and I would venture to say that 4 years is quite honorable), banks may end up dropping their aqction. It is an economic decision for them too: when the fight has cost them two or three times the value of the original alleged loan and they don’t see a win in the near future, some of them give up. Don’t lose hope.

  16. no they did not- settle.

  17. More and more, states appear to take action. I haven’t read this bill in its entirety but it is a good start: the return to principles to which we can stuck and on which we can rely. If more states do that, we may look at the dwindling down of the feds in our future.

    New Hampshire Legislature Reveals U S Federal Government is a Corporation Operating with a Fraudulent Constitution
    April 4, 2013I M Power1 CommentNews
    New Hampshire Legislature Reveals U S Federal Government is a Corporation Operating with a Fraudulent Constitution –

    “the Act of 1871, created a corporation in the District of Columbia called the United States of America. The act revoked prior legislation relative to the district’s municipal charter and, most egregiously, led to adoption of a fraudulent constitution in which the original Thirteenth Amendment was omitted.”

    The current status of the New Hampshire House Bill 638
    The Legislature voted to pass New Hampshire House Bill 638, on March 20, 2013 – and it was to Recognize the original 13th Amendment to the Constitution
    NH HB638 | 2013 | Regular Session

    NH Legislature Page for HB638 – PermaLink


    March 20 2013 – Laid on Table (Rep Vaillancourt): Motion Adopted Division Vote 275-64; House Journal 27, PG.890


    Recognizing the original Thirteenth Amendment to the United States Constitution.

    Tracking Information

    Tittle: Recognizing the original Thirteenth Amendment to the United States Constitution.

    Sponsors: Rep Stella Tremblay Rep Alfred Baldasaro Rep Lars Christiansen


    Date of Chamber Action:

    2013-03-20 House Laid on Table (Rep Vaillancourt): Motion Adopted Division Vote 275-64; House Journal 27, PG.890

    2013-03-07 House Minority Committee Report: Ought to Pass; House Calendar 23 PG.597

    2013-03-07 House Majority Committee Report: Inexpedient to Legislate for Mar 20 (Vote 10-5; Part II, Regular Calendar); House Calendar 23 PG.597

    2013-02-05 House Executive Session: 3/7/2013 10:00 Amendment Legislative Office Building 203

    2013-02-05 House Public Hearing: 2/28/2013 10:00 Amendment Legislative Office Building 203

    2013-01-03 House Introduced 1/3/2013 and Referred to State-Federal Relations and Veterans Affairs; House Journal 12, PG.204

    New Hampshire House Bill 638

    Bill Title: Recognizing the original Thirteenth Amendment to the United States Constitution Track Bill

    Status: 2013-03-20 – Laid on Table (Rep Vaillancourt): Motion Adopted Division Vote 275-64; House Journal 27, PG.890

    Download: New_Hampshire-2013-HB638-Introduced.html

  18. listen- ive had council tell me, ” they have trillions of dollars to fight you,- another one “you cant afford me”- “there is no due process” – last but not least ” they want to settle” i swear.

  19. The job numbers report was really bad today. This scam has effected everyone in every walk of life. People aren’t making enough money to keep up with their robbery of us and the big fat bill they handed us for robbing us.

  20. Don’t feel bad Deborah….I was told by an attorney a lot of people you would never think would be hurting…in every profession are fearing their loss of income or a loss of livelihood will put them where we are. We are not alone.

  21. Deb,

    I would never say you can’t win. What I said is that we all have to invest the best part of our lives trying to figure out how. Hell no, I would never tell anyone fighting hard that he/she can’t win! For one thing, I don’t know who can and who can’t. There seem to be no recipe. Nothing is across the board. It really is a case by case, country by county, state by state, with a federal government that keeps throwing us under the bus.

  22. believe theres no where to go, but within, as within, so be without, AKA the mirror

  23. christine, namaste

  24. I agree Deborah….we have to have faith in something good.

  25. And Deb,

    The reason I so much emphasize on what is going on worldwide is because, as this insanity is worldwide, answers may come from anywhere. I doubt more and more that any will come this country. We’ve been part of the problem through apathy and lack of involvement way too long. I would rather focus on countries that are putting a stop to the madness in the hope that America will learn that solutions do, indeed, exist: Iceland, Argentina, Ireland have no qualms simply defaulting. We can’t hope for that much here.

  26. Christine- you are telling me i cant win, well im telling you i can, not sure how or when, but ive always known – i can win. i think you know how it works. things are never what they seem,what you read and hear is not always true, its gone on 4 years ive learned, im still learning, always, my case is just beginning,

  27. They inflated the values to equity strip the property. Say you owed $50,000.00…on a $200,000.00 mortgage you put $100,000.00 down. Original purchase price $300,000.00. They said they could give you 20% of your homes current market value in equity…..They overappraised the house at $500,000.00….none of the comps matched but they didn’t care…you took out $100,000.00 of your own equity…now they have you …. you have a new 30 year, $500,000.00 mortgage and a $100,000.00 side note for your own equity. They did lots of other equity stripping tactics like if you purchased another property…they equity stripped your principal residence to use as a down payment or a business line of credit or both without your knowledge or consent and hid the cross collat in a blanket mortgage. It will probably show up as a MERS mortgage on the title to your principal residence…..SURPRISE……your house is worthless…these were in reality all subprime set ups to fail. They overissued investments in every aspect…even the loan apps…2k…4k… are written on docs….sleazebags..

  28. Thanks Deb.

    I don’t know as much as I need to to properly function in this insane world and I know way too much for my own good. It feels like constantly sitting uncomfortably atop two chairs. Like all of us here, I got suckered into something I resent and I see myself spending the best years of my life trying to make sense of something that makes none. And I know that, like all of us, if I don’t make the effort of staying on top, it won’t be long before it gets on top of me.

  29. Deb,

    I will go even farther: most people might have been negligent but that is a civil tort. Fraud took place when banks intentionally manipulated Libor (hence the prosecutions) and, later on, when foreclosure mills decided to back track by creating false documents, and for some reason, we are still not seeing prosecutions. Go figure!

    Notaries also committed fraud but, again, we are still waiting to see prosecutions on that part.

    The problem is that the MERS monster blurred absolutely every line of business and no one appears to have any idea on what to do about it. We’re stuck fighting our battles one at a time absent any serious government intervention which, obviously, won’t take place since everybody in charge profited and has a lot to lose.

  30. i very much respect your knowledge christine and your posts. im a nurse doing what i can. im detatched from the outcome- if i get justice great if i dont ive got a lot of questions for the man upstairs per se .

  31. i find it terribly interesting that the appraisers council did not cross claim, they placed “fault” on developer (also lender and title company by another namE) but no cross claim.

  32. i never pled fraud against the appraiser btw- rather, negligent misrepresentation

  33. i do not believe the appraisers were the biggest bastards by the way

  34. Christine you said ” they were not technically breaking the law” sure i can buy that but what was done was done over a period of time making it look very convincing to a unsophistocated borrower as an oppertunity- in my case not being a “prospector” an oppertunity to prepare for retirement one day. i RELIED on the information, did i have the right to rely- Sage V Blagg says i did the appraiser owed a duty of care- breach that over n over a few years , et voila- bubble market

  35. im going no where until i get justice. i believe in it. I know god is with me, im not delusional,im hurt by what they did to me but solid in mind body spirit , i get fearful but i simply step into it because its the only way to defeat it, (i hear you E Tolle lol) – onward

  36. “im not saying appraisers were in on the ponzi scheme”. Deb, it couldn’t have gone that far but for honest people’s unbeknownst participation. Realtors, appraisers, title insurers, even lenders, most of those people originally only saw a great opportunity and even if they had a queasy feeling in the pit of their guts, they were not, technically, breaking the law.

    What we have is a piling up ethical misdeed which, legally, do not constitute fraud. Hence the difficulty we have at getting anyone in jail.

  37. i keep hearing – the most important things in a mortgage transaction is 1. clear title, 2, the appraisal- stated in the judges order denying sJ to opposition (before he changed his mind that is on a reconsideration of a cause of action I NEVER PLED , past discovery and outside FRCP-BTW and part of my appeal)

  38. Dear Deborah Wynn
    We also declared the servicer unsecured inBK7 but the still move forward against BK law & won in Fed ct after I attainted 2 of 3 default judgements because the judge would not hear the case since that was the only Fed pleading & claimed all the other pleadings were state issues even though we have resjudicat Fed Appeals 7th district sighted
    Any lawyers out there willing to fight?
    916 716 2542 call me

  39. Neil said it- you cant pick up one end of the stick without picking up the other. im not saying appraisers were in on the ponzi scheme, most of the gatekeepers dont understand the job they are supposed to be doing is protecting public interest, but they are paid to, they have a duty, they have a professional responsibility and a professional body of ethics and practice for the profession, (just as i do- and lord help me if i mess up)

  40. Dearelexquisitor on April 4, 2013 at 1:59 pm

    2924 is not all inclusive it requires perfection of lien which the pretenders claim without evidence &?the judge buys it
    764.101 requires quiet title which my UD JUdge refuse to act upon when present the evidence

  41. stripes- what about the bubble market- the appraisal stretch to meet loan to value ratio,s, and each new wave of a home community development- home PRICE going up n up 50 to 100 grAND IN LESS THAN A YEAR- a hostile market- leading to hedging bets,

  42. Indorsed….note was not cashed….Endorsed….note was cashed….

  43. There is undeniable evidence these people do worship evil…I am being honest Deborah.

    They became non performing at the issuance because of non disclosure about their default…as soon as they did something illegal that destroyed the entire contract. They failed to perform on their contract and did not protect your title by perfecting the lien as the law requires…..they did not notify you by U.S. MAIL of their Default in your name without your authorization …. Therefore an Alteration was made that severely altered the original contract.

    All payments they collected from us were usury that was excessive …unjust enrichment.

  44. indorsed/endorsed- two different words

  45. If the note is unindorsed the Plaintiff must have the proof of purchase…..the security……no need to go any further. The law requires perfection of the lien. They allowed the destruction of your title by their own Negligence ….not Performing dilligently on the contract put you and your property in peril as evidenced by these fraudclosure thugs..

  46. stripes god help me you say great things sometimes if only you would stop the other rants about satan ect- you said re the non performing loan- thing is, (carie) when did they become “non performing”

  47. A Kathryn
    when i was in BK- to get the auto stay- i beat them off i objected to lifting stay and went down the FDCPA and the proof of claim and duly negotiated note all the way up the securitization chain, they did not try again, HOWEVER we now have the hogan case in AZ.

  48. The fraudsters hate me and I could not be more overjoyed that one person telling the truth can make a difference. This is all their own fault and is the direct result of LYING and trying to cover up their robbery of the peoples wealth and property ….these imposters are covering up the ORIGINATION FRAUD… the Fraud in the Factum ….and subsequent ACTS OF RICO with FRAUDULENT SECURITIES….by these Imposters……ITS ALL SECURITIES FRAUD….

  49. anybody look into claims for “counterfeiting” of the notes. You can’t use a copy of a Federal Reserve Note. and you can’t negotiate a “copy” of a check. I know we went here before a long time ago. hey BSE. still doing the BK shuffle, how about you?
    good point, ELEX. and I second your sentiments. A scourge if there ever was one.

  50. @Charolette,

    I am hearing a lot about homeowners getting stuck with all the hoa dues and fees, taxes and other charges long after they have been told to move out and officially foreclosed on. It would seem that former homeowners are being held accountable for all these charges until title passes to a new owner. Some homes are left vacant for years and not sold by the bank and the poor homeowner finds out they are liable for all the charges. If you haven’t checked on this, I would do so.

  51. Frack U, Stripes. You’re a plague upon sanity.

    I have active case in CA and am not underwater, even if I lose and have to pay opposing legal fees. Everyone knows CA is a ‘lender doan need no steenkin note’ state because C.C. Sect 2924 is all-inclusive and case law says you don’t need note to foreclose.

    HOWEVER, buried in the bowels of 2924 is the little goodie about disbursing ‘surplus’ funds after the sale, and that the trustee may require the note as evidence of beneficiary right to those funds.

    So, to cover my butt, I requested that the original note be returned after any trustee sale, because 2924 does allow for presentation of the note to determine beneficiary interest.

  52. Fox Biz Charlie Gasparino saying only a small fraction of hedge fund CEOs trades are shady…LOL.. LIAR…! Apparently Bo Deitl …former nyc cop turned media personality told Steve Cohen the FEDS are treating you like John Gotti and the FEDS are just “jealous” of Cohen… Ha…not only are these hedgies greedy hogs but they are waving it in everyones face…they are racketeering in Securities Frauds and they all deserve to be treated like John Gotti because they have done more damage than John Gotti ever did.

  53. So, any contingency lawyers out there willing to take this on? My alleged loan is a perfect example. Oregon residence, US Bank trustee of Chevy Chase certificates 2005-3, Capital One servicer. Contact me, I have loads of info. 541-401-5094 Sold at auction Dec. 1, 2010 the first time, rescinded July 2011 due to non-judicial paperwork violations (but they did nothing wrong). Judicial foreclosure they won 8/2012, still waiting for the sale date.

  54. DeMarco knows too much and won’t cooperate with their Massive Securities Fraud Cover up & refry their frauds. He is one of the few I have any respect for.

  55. The disaster of biblical proportions is all manufactured by these imposters who don’t pay for anything. This is the Rise of the Fourth Reich…the digitalized re-mastered version of the Synagogue of Satan…the revived Roman Empire……WHO ARE the greediest of the greedy because they are all control freaks. Wolves in sheeps clothes…Nothing they do is moral or legal. Upon discovery of their fraud you don’t cooperate with it or you become a party to it. You do the opposite of what these imposters and fictitious paymasters tell you to do. You fight your own battles….you don’t expect these imposters to fight them for you…

  56. Exactly carie. If they admit the fraud, the house of cards is scattered to the wind, so on we go down the drain. As Paulson said to Congress, they’ll be tanks in the streets. What he didn’t bother mentioning to us, the populace, is that those tanks would be backed ass end to the Capitol and Wall street, meaning that the turrets would be pointing to lil’ old you and me, thus protecting D.C.’s true interests, themselves and Wall Street.

    Paulson’s empty threats reminded me of Peter Venkman in Ghostbusters, when he screamed:

    “We need to accept the fact that this city (country, in our case) is headed for a disaster of biblical proportions, I mean real wrath-of-God type stuff. Fire and brimstone coming down from the sky! Rivers and seas boiling! Forty years of darkness! Earthquakes, volcanoes! The dead rising from the grave!

    Human sacrifice! Dogs and cats, living together! Mass hysteria!”

    So to thwart this unthinkable demise, they gave the banks TARP. And we were given tarps. How fitting.

  57. Here is an example of Racketeering in Securities Fraud all over its face…West End Trust 2012-1, as successor-in-interest to Bayview Fund Acquisitions, L.L.C, as successor-in-interest to Bayview Loan Servicing REMIC 2010-12 series, as successor-in-interest to Bayview Fund Acquisitions, LLC, as successor-in-interest to First Midwest Bank…Plaintiff….

  58. *************** TAR & FEATHER DeMARCO ! **********************

    N.Y., Mass AGs co-author op-ed about FHFA leadership

    April 3, 2013 12:05 PM
    By Bryan Cohen

    NEW YORK (Legal Newsline) – New York Attorney General Eric Schneiderman published an op-ed in Politico on Wednesday calling on President Barack Obama to replace Edward DeMarco, the acting director of the Federal Housing Finance Agency.


    The FHFA oversees mortgage institutions Freddie Mac and Fannie Mae. The op-ed, co-authored by Massachusetts Attorney General Martha Coakley, said that DeMarco’s refusal to give struggling homeowners the relief they need acts as a roadblock to a full economic recovery and hurts families around the nation.

    “Under DeMarco’s leadership, Fannie Mae and Freddie Mac have refused to allow principal write-downs for underwater


    mortgages,” Schneiderman and Coakley said. “At a House Financial Services Committee hearing last week, DeMarco was questioned by Congress and confronted by protesters calling for mortgage principal reduction, but he again refused to change his position. This failed policy is a direct impediment to our economic recovery and stands in way of our efforts to provide much needed assistance to homeowners across the country.”

    Schneiderman and Coakley said it is in everyone’s best interest for lenders to work with struggling homeowners to reduce debts and keep them in their homes.

    “Underwater homeowners are more likely to wind up in foreclosure,” Schneiderman and Coakley said. “Even if they avoid foreclosure, they are saving every penny to try to pay down their debt. They can’t spend at local businesses. They can’t move for a better job, or invest in starting a small business. They are trapped under America’s $628 billion mountain of negative equity.”

    The attorneys general said DeMarco’s refusal to cooperate is undercutting the National Mortgage Settlement in which 49 states settled with the five largest mortgage servicing banks to deliver billions in relief and mortgage principal reductions to homeowners.

    “Contrary to the findings of his own agency, DeMarco argued that principal reductions would weaken the finances of FHFA and produce a financial loser for taxpayers,” Schneiderman and Coakley said. “These are two separate questions, only one of which is DeMarco’s responsibility. He is responsible for the fiscal health of his agency. FHFA estimated that it would come out ahead by $3.7 billion from the administration’s plan because of the aid from treasury. It’s likely that taxpayers as a whole will come out ahead as well.”

    Schneiderman and Coakley said that even if taxpayers don’t come out ahead, the administration can use public resources to aid a policy that prevents foreclosures, creates jobs and simulates the economy. The attorneys general said it is not the place of an acting agency head like DeMarco to stand in the way of such a beneficial plan.

    This entry was posted in Federal Government, Massachusetts, New York, News, State AGs, States and tagged Edward DeMarco, Eric Schneiderman, Federal Housing Finance Agency, Martha Coakley, President Barack Obama. Bookmark the permalink.

  59. It’s ironic. The Blackrock and Blackstone groups are buying up most of the inventory in the good areas. Prices start rising and another bubble is in the making with the same players just changing names rake in trillions again. No one who can do anything about it really gives a damn. We little peons are again the big losers.

  60. The problem is, when you have a whole system set up that is based on fraud—you have to replace it with a better system that isn’t based on fraud…but we don’t have that “non-fraudulent” system (yet), so they keep re-booting the fraudulent system. They will not start prosecuting, because then the reality of the fraudulent system would be revealed…and all would collapse.
    Lucky us.

  61. Great stuff…..

  62. First these hogs need to pay back what they stole….that is debt forgiveness.

  63. does anyone have any caselaw to support the claims to a judge that the parties received TARP and other funds and used those funds to subsidize foreclosure attorney fees and foreclosure costs, in which the TRUST then attempts to collect the same items unjustly in a foreclosure case.

  64. All of our money is going to Uncle SOS….The Synagogue of Satan..they are not our Government…they are all imposters & fictitious payees….PRETENDER LENDERS…

  65. “Banks Could Owe Trillions on Fake Rigged Credit Bids”

    Question: if you make money out of thin air, everybody jumps on it and that thing circulates like crazy worldwide, who do you owe it to? It is a frickin’ virtual world. Short of tearing it down and rebuilding from scratch, I can’t see how banks could even start atoning for their sins…

    That’s why worldwide debt forgiveness once and for all makes so much sense!

  66. Unjust enrichment, in fact, was one of my counts. Very hard, almost impossible to win a claim in my state but I very thouroughly justified each and every legal criteria required. If I am successful, I would be the first in this state so I’m not even remotely counting on a win, but you will positively lose if you don’t try. Now with what I know I should have gone after breach of contract but it is too late.

  67. Everyones situation is a bit different. However…that is the Intent to Deceive…the first place issue is the same in every case …. they are Racketeering in Securities Frauds.

  68. They are in fact, subjorning perjury by Concealment they are masking the fact they are not in possession of the Security..they are therefore imposters….fictitious payees who never created the Security and could not possibly be holder or holder in due course. Therefore, these are Acts of RICO…they are racketeering in fraudulent Securities to gain unjust enrichment.

  69. HUMM. The Assignment of Mortgages completed five years after teh TRUST closed, are usually a trasnfer for $10.00. So the Note and deed are assigned and transfered for $10.00 to the TRUST, therefore is the TRUST only having a LOSS of $10.00

  70. My situation is a bit different than the one above described by Mr. Garfield. However, it seems to me in my research that as a Plaintiff, has the burden of proving it’s claims. But if the defendants do not cooperate or comply as well as blatantly lie in their answers as well as their obstructions, the burden shifts to the defendants having to prove the claims are not legally valid. Bamboozler of America only tried to foreclose right after our chapt.7 filing without seeking a lift stay. Actually what I found through their internal notes is that they tried several times but were warned by one of their foreclosure monkey lawfirms to hold off on the foreclosure because I had sent two QWRs along with a written challenge to their monetary claim. Each month they sent another bill w/payment envelope, they got another letter from me refusing to validate their claim. Those along with other letters were sent to each of their foreclosure monkeys. That was in early 2011. They also never filed an objection to our objection to their security noted on our original chap. 7 schedules. We were finally given a discharge in August 2012 but they claim that the case isn’t closed due to the adversary proceeding. The trustee of the chap. 7 abandoned the property and asked to be released from the case. So getting back to this post, even though it was not in response to a foreclosure, in my Response to their recent SJ motion I wrote:

    ….”Defendants’ answer was not the truth and their refusal to provide the requested agreement is to willingly and knowingly obstruct Plaintiffs in proving their claims. Defendants have refused Plaintiffs’ request for certain specific documents from as far back as January 2011. Plaintiffs’ first qualifed written request is attached hereto as Exhibit “C”. Plaintiffs are requesting summary judgment from this court with their submission of documents not yet admitted as evidence, trying to use “hearsay” in lieu of admitted evidence, answering discovery with false information and withholding pertinent information and documents needed by Plaintiffs. Then in addition, ask this Honorable Court to award them attorney’s fees. Plaintiffs have lost income based on two years of time put in to pursue restitution and in defense of the defendants’ numerous attempts to take Plaintiffs’ home without any legal standing to do so. Plaintiffs’ would request this Honorable Court to pose the question to the Defendants as to why they refuse to cooperate with Plaintiffs’ discovery requests when many of the documents and answers to Plaintiffs’ Interrogatories could be used to SUPPORT defendants position as well as denials. Common sense would reason that Defendants’ refusal to cooperate with discovery is because it would prove DETRIMENTAL to them.”

    They made me go on the offense but because I am a pro se with no legal training, I am more comfortable to let them lead the way and I just fight them off. I am sure that there were motions I could have filed but because there were several claims I brought forth compounded with a chap 7, I just wasn’t sure which direction to go.

    They surely are crooks and, sadly, business with all of them is going on as usual with nothing changed. I have personal information that they are right back to pushing loans out foot loose and fancy free with MERs as the intermediary. All the talk about regulations and control and FRAUD is just that…talk. It’s all one big ponzi scheme and everyone government anybody knows that. Each monetary punishment issued by our fine folks running our government is really just a big windfall paid to uncle sam.

  71. Remember…there is no trust that would accept a non performing loan. That defeats the purpose of a trust. This is a fraud…a pay to play nation of renters scam. They are stealing our properties they never paid for and reinvesting in the fraudulent sales & rentals.

  72. Local Media Reporting…A Chicago Landmark…Reagan’s Chicago Home Demolished …. the flea circus always destroys the evidence of their crimes.

    That is what it’s all about….rob….destroy.. rebuild & reboot their fraud by repurchasing their own mass destruction.

  73. Dear Stripes:
    Who is fighting them?

  74. I have looked into this scam….there are lawfirms who are behind this scam and fictitious trusts & trustees. There are judges and politicians connected to these lawfirms.

  75. Now we are getting on the right track. Who are the recipients of this scam….? We need names.

  76. confused? So if MIdwest bank forecloses. They claim that $322,000 is owed. THEN at the foreclosure Midwest bank bids $345,000 to win the property at auction!! Then what just happen?? Also Midwest bank titled the property in there name and sold it for $280,000? Humm

  77. Absolutely
    Now how to find an attorney not afraid to win.
    Call me if you have a CA attorney willing 9167162542
    False cr bid 10-28-2011
    Wrongfull UD 12-09-2011 evicted 2-7-2012
    Hope someone can help

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