by Danielle Kelley, Esq., Senior Partner, Garfield, Gwaltney, Kelley and White:
I moved to dismiss two cases on several grounds – one that the allonge was not “firmly affixed”. This will become an issue as the banks scramble to file pleadings under HB87 that show they have the Note. The 1st DCA has now admitted there is a lack of caselaw in Florida on this issue – I’m hoping that one of these Judges (the one in Marianna who has already dismissed twice on one case) will issue an order agreeing.
1. The allonge attached to the Complaint does not meet the legal definition of what an allonge is: a firmly attached document to the Note, when there is no space on the bottom of the Note for endorsements. “An allonge is a piece of paper annexed to a negotiable instrument or promissory note, on which to write endorsements for which there is no room on the instrument itself. Such must be so firmly affixed thereto as to become a part thereof.” Black’s Law Dictionary 76 (6th ed.1990). Florida’s Uniform Commercial Code does not specifically mention an allonge, but notes that “[f]or the purpose of determining whether a signature is made on an instrument, a paper affixed to the instrument is part of the instrument.” § 673.2041(1), Fla. Stat. (1995). See Booker vs. Sarasota, 707 So.2d 886 (Fla. 1st DCA 1998)(footnote 1). See also Isaac v. Deutsche Bank Nat. Trust Co., 74 So. 3d 495 (Fla. 4th DCA 2011)(“An “allonge” is a piece of paper annexed to a negotiable instrument or promissory note, on which to write endorsements for which there is no room on the instrument itself; such must be so firmly affixed thereto as to become a part thereof.”).
2. There is no Florida case on point which provides guidance as to how an allonge must be physically attached to an instrument in order for it to become “firmly affixed” to same. Recently the First District Court of Appeal took notice of such in Wells Fargo Bank, N.A. v. Bohatka, 1D11-3356, 2013 WL 1715439 (Fla. 1st DCA 2013), stating that “A body of caselaw has developed, primarily in other states and under the UCC, regarding the validity of an allonge and how it must be “affixed” to a note.4”). In footnote Four to that statement, the First District Court of Appeal wrote:
“See, e.g., Douglas J. Whaley, Mortgage Foreclosures, Promissory Notes, the Uniform Commercial Code, 39 W. St. U.L.Rev. 313, 318–19 (2012) (noting the “many new cases” that deal with allonges and the meaning of “affixed”). Professor Whaley continues, “It is not enough that there is a separate piece of paper which documents the transfer unless that piece of paper is “affixed” to the note. What does “affixed” mean? The common law required gluing. Would a paper clip do the trick? A staple?” Id. at 319 (footnotes omitted). To our knowledge, no Florida court has explored what type of affixation or annexation of an allonge is legally sufficient, nor has any court addressed the possibility of electronic attachment of allonges. See Patricia Brumfield Fry, James A. Newell, & Michael R. Gordon, Coming To A Screen Near You—“Emortgages”—Starring Good Laws And Prudent Standards—Rated “XML”, 62 Bus. Law. 295, 311 (Nov.2006) (noting that Freddie Mac addressed the possibility “that an electronic allonge be added to all eNotes that contains language addressing both the recourse and transfer warranty issues”).”
3. Thus, with this issue to date still uncertain, the Court can rely on the plain meaning of the words, “firmly affixed” and the Court may look to decisions of courts in other states for persuasive authority. To begin, two reasons have been cited for the “firmly affixed” rule: (1) to prevent fraud; and (2) to preserve a traceable chain of title. See Adams v. Madison Realty & Development, Inc., 853 F. 2d. 163, 167 (3rd Cir. 1988). A draft of the 1951 version of the UCC Article 3 included the comment that “[t]he indorsement must be written on the instrument itself or an allonge, which, as defined in Section___, is a strip of paper so firmly pasted, stapled or otherwise affixed to the instrument as to become part of it.” ALI, Comments & Notes to Tentative Draft No. 1-Article III 114 (1946), reprinted in 2 Elizabeth Slusser Kelly, Uniform Commercial Code Drafts 311, 424 (1984). More recently, however, courts have held that “stapling is the modern equivalent of gluing or pasting.” See Lamson v. Commercial Cred. Corp., 187 Colo. 382 (Colo. 1975). See also Southwestern Resolution Corp. v. Watson, 964 S.W. 2d 262 (Texas 1997)(holding that an allonge stabled to the back of a promissory note is valid so long as there is no room on the note for endorsement but affixed does not include paperclips.). Regardless of the exact method of affixation, numerous cases have rejected indorsements made on a separate sheet of paper loosely inserted into a folder with the instrument and not physically attached in any way. See Town of Freeport v. Ring, 1999 Me. 48 (Maine 1999); Adams v. Madison Realty & Development, Inc., 853 F. 2d 163 (3d Cir. 1988); Big Builders, Inc. v. Israel, 709 A. 2d 74 (D.C. 1988).
Filed under: CDO, CORRUPTION, Eviction, foreclosure, GARFIELD GWALTNEY KELLEY AND WHITE, GTC | Honor, Investor, Mortgage, securities fraud | Tagged: allonge, assignment, Danielle Kelly, endorsement |
Perhaps all additional papers should have the signatures of all involved. That would remove questions and add affirmation and validity of all documents attached
I sent a request for discovery of ALL OF THE DOCUMENTS FOR INSPECTION and I got no response. I did that out of curiousity because their cases were in fact, DOA…because they never attached the legal agreement or affidavit at the onset as the law requires. It’s all b.s.
The bank is obviously and obnoxiously lying to the judge. Judges don’t like that.
The language “the affiant sayeth not” does not protect you from perjuring yourself….Ooops, looks like the banks own attorney’s threw the banks under the bus. Judges don’t esp like liars.
The affiant sayeth not……. says the receiver…… the new servicer deserves to collect the excess money in receivership and apply the “excess” 30 grand to the “loan.” The servicer swears personal knowledge of the “loan” because he is knowledgeable about inspecting electronic documents and has inspected the electronic documents but was never a party to the original fraudulently induced contract. He is perjuring himself. He swears LNR can convert the “loan” into their electronic data base & collect money & property from us. The servicer says he’s willing to testify to everything he is saying is true and accurate. These people obviously don’t know the law and are making a mockery of our legal system. The judge should be highly incensed at this debauchery because they never entered a legal agreement at the onset of their “instant fc action” or at anytime during this cAse.
Tomorrow I will blog some of the language in this latest motion. It is so snarky they have simply outdone themselves. The banksters sound like they are literally throwing themselves at the mercy of the the court and are pleading insanity. This latest motion definitely sounds completely insane. I think they have all absolutely lost it.
The latest bankster scam is a “new servicer” filing an affidavit 3 years late in my case, swearing knowledge about the “loan” and swearing to the court they have the e documents….explaining how this is common practice with banks and blah….blah…blah… makes me want to hurl. If they get any more criminal, they had better lock themselves up for their own good.
Well Charles…My notes were never indorsed to anyone or endorsed by the Issuer of the Original Bills of Credit. Curious right? We know they cashed the checks and we know they converted the notes & mortgages and transferred our autographs around & around & overissued investments in our Securities yet no endorsements or indorsements … not one since the “issuance.” There is an allonge indorsed to the servicer on my residential property AFTER the fc was filed and 6 bogus assignments recorded fraudulently conveying & reconveying my business property AFTER the fc was filed.
Yep…it quacks like a duck.
My below comment is for usedkarguy….
They have no cause of action ….. they failed to state a claim at the onset on both foreclosures …Standing…Fraud & Forgery ….
It is not legal to do a loan mod, a short sale, a deed in lieu, etc or even a refi of a non-existant contract yet, attorney’s will tell you these are your only options besides Bk of course. It’s all about the robbery by the banksters to keep control of us.
I just saw Obama’s weekly speech and it really got me riled up. He was talking about how many homeowners he’s helped……key word HOMEOWNERS ….See how brainwashed people are? He is telling people they already own their homes but go ahead and sign a new fraudulently induced contract with these bankster crooks. This is coming from an investor…Obama’s pension fund is invested in this Wall Street fraud via Vanguard, one of the four largest institutiional investors (Go to http://www.opensecrets.org/ ) and he is telling us what to do? He is dictating bankster policy is what he is doing & it is not Legal, Moral or Ethical. He and all of these politicians who are invested in bank fraud should resign immediately.
There is an unconstitutional & illegal conflict of interest in every branch of Government because they are all investors therefore, they are all imposters.
RON, you are correct:nothing moved. no delivery, no acceptance. the arguments have shifted to disputing the status of the holder as the holder in due course.
charles, you’re catching on quick.
stripes, in all seriousness, what are your causes of action specifically?
I have yet to talk to an attorney in Illinois who is willing to fight for what I want and is willing to go up against the establishment banksters. I will accept no less than clear titles and monetary damages for harm done & harm intended because these fraudclosures are criminal matters no matter what these traitor politicians or their media say.
Hate to have to be the one to tell ya Dan but, the inmates are running the asylum.
Dan moss….talking fraudclosure does get redundant, we need to break up the monotony now & then, besides, there is a lot more to fraudclosure than meets the eye. This is a vast criminal conspiracy. There has been a lot of great info blogged here by pro se’s, ask a question, we will try to do our part. Many of us are not attorney’s so we are all willing to learn. Neil posts great info daily and please tell us what you know, we would all love to hear it.
My last previous email is for DanMossIsTheWinner, with email address LoweCommunityResourcePartners@live.com
Please post your credentials and cases that I can look at for your “wins”, and your schedule of fees. We have four cases at different stages, all in different states.
I’m very reluctant to email you, because I looked up live.com and found that a great deal of spam has been sent from live.com. If you have a gmail address, I can use that, but prefer you post first.
Thank you.
Hey folks,
All of the compassionate chatter, conjectures, Stars & Bars, opinions, fantasies, fallacies, portions of movies-past and “I heard from Attorney’s…”
is really fine and cool… only in America… but with that being said, wouldn’t it be better to… well… maybe… inundate this blog with…
well, I don’t know… … information and comments that would… well… maybe…
HELP the Home-Owners to actually fight and WIN???
… me personally, I ONLY give comments, in relation to…
experience (period;)
… zero conjecture is needed. There is no need for High-5’s and contentious ramblings which arguably… borders on the realm of ‘The Lunatic-Fringe’ and actually serves as a, smoke-screen of sorts, shielding the Home-Owners from factual, substantive and personally-relevant information.
If you need QWR’s… we have the best… how do I know??? we now officially have Court WINS, seperate from any other on-going foreclosure litigation our Clients are/were a party or privy to (period;)
If you need Attorneys… we work with and have worked with arguably, some of ‘The Best’, in the Country (and one bad one:)(another period)
If you actually want to, stimulate serious debate and change within your State Courts… we have a little trick for that… I can’t tell you too much here but, there is a growing list of State Court Judges, who are in and will be getting in a bit of trouble… as a result of our process…
and this particular approach has worked… every, single, time… so far… it’s very simple and doesn… … … …
Long and Short of it, because I need to get back to, what it is, I do…
We just might, be able to assist you if, YOU are dealing with a Foreclosure(s).
I, personally have 14 years experience in Residential Mortgage/Commercial Finance (ABN, Ameriquest, Standard Fed, InterFirst Wlse +), as well as Project Finance (it’s from this particular sector which, allowed me to really see, understand and make true correlation between PSA’s, CDO’s, SPV’s, CDS’s, Bond’s, MTN’s and the like)…
Conversation and conjecture is nice but our ‘VACATION OF FORECLOSURE’s’… pricele$$
There’s ZERO conjecture with us, ONLY the Facts (which your ‘Servicers’ refuse to show because they don’t have it or would, go to jail if they did, show the information that, we request).
Thought to close the week, “if you’re down, don’t cry over your standing in the game but, get better team members, a good coach, play by the rules of that game and have some Faith”
lowecommunityresourcepartners@live.com
Have a good weekend folks…
Dan
All the “crazy conspiracy theories” are no longer “crazy conspiracy theories.”….
BIRTH CERTIFICATES AND BANK NOTES….
http://www.fourwinds10.net/siterun_data/government/corporate_u_s/news.php?q=1368129385
There is a lot of manufactured crap by these banksters. They are trying to pull a fast one with my commercial property. The substitute plaintiff, a stranger to the mortgage, is trying to enter an affidavit 3 years late swearing they are the holder of the note. They suddenly claim to have the docs electronically stored but never produced anything at the onset as the law requires. They are trying to grab $30,000.00 in extra insurance funds from an arson fire on the property and apply it to the “loan.” Mwahahha..
I am thinking no other way Deborah but I am going to win. I let no one tell me any different. To the naysayers I say losing is not an option.
It is way past time We The People started acting like we own the place because we do.
Stripes
Detach from the outcome.
We dont know until fat lady sings
The one remark I despise is “you can’t win.” I don’t believe that for a minute ….. that is a completely cowardice and unamerican way of thinking. It is bankster psy ops.
I agree Deborah. We are all facing a monumental task at hand, whether everyone realizes it or not. People like us are just the tip of the iceberg. We are sounding the alarm. There is no Security because of what the banksters have done. The only Security we have is between our own ears. The landscape has been severely altered by the culmination of decades of robbery by the banksters and it is no longer hidden.
The people need to make a stand in any way they can. I choose to fight my fraudclosures by challenging their claims. Everyone can do their part whether it’s boycotting the Corp or speaking out publicly about things they are doing not being legal. I was reading an article recently about Lauren Hill and Wesley Snipes stand against the IRS. Everyone can and should do something even if it’s cutting down on our consumption of gas, dining out in their restaurants, etc.
stripes-
this is it in a nutshell- you said
“The Politicians failed to do their job & protect our Constitutional Republic. As a result of that failure, for whatever reason, our Life, Liberty & Property are in peril. Now it is up to every American citizen to defend and fight for what is right and defend our freedoms.”
to get the bad guys out and more good guys in is no easy task, but we must start somewhere and the time is now. its a huge task – consider what just went down in florida to speed up the foreclosure process. we are going to be the phoenix rising from the ashes, because theres nothing left to betray- its in our faces, and the leopard does not change its spots. we know where the loyalties lie in allowing this monumental land grab and banks that launder drug money and terrorist money to enable such organizations to thrive is downright criminal all round, and yes indeed it is a breach of our national security. you can not get around it.
“
The banksters have hijacked our Government and are controlling all the branches of Government and are controlling all of us by investment fraud.
They all need the pants sued off them.
They sent my husband a 400.00 check and give him $390.00 credit for attorney/trustee fees. And that’s the Final Settlement. There is No settlement because he refused to endorse the check to a settlement in which he was not a party to. No one in their right mind would accept $790.00 for a theft of over $8,000 and 4yrs of legal fees trying to get them to fix their mistake (greediness).
The banksters are the deadbeats who don’t pay their bills. That’s why we’re broke and they are filthy rich.
They are simply robbing all of us & if you allow it, they won’t stop until they steal it all.
TBTF hid well the fact they are a well organized crime syndicate. Upon discovery of that, I won’t negotiate or do business with criminals. It is one thing if you know who you are doing business with. It is another thing when you don’t.
The Politicians failed to do their job & protect our Constitutional Republic. As a result of that failure, for whatever reason, our Life, Liberty & Property are in peril. Now it is up to every American citizen to defend and fight for what is right and defend our freedoms.
BOA was so desperate to keep us in default to cover up the CW fraud they refused our payments when the took over CW. For over a year from March 2009 to April 2010 I told them over and over again we had the mortgage money THERE WAS NO HARDSHIP AND WE DID NOT NEED A LOAN MOD but we disputed what they said we owed. They said we were $12,000 in default plus current payment. After 12 months of their BS and After consulting with our attorney we were advised to request reinstatement figures and pay current. We did. Funny Thing about those figures … they were for only 12 months payments (the time BOA took over). That $12,000 shortage with CW just disappeared. SURPRISE SURPRISE… You all know the rest of the story …. after we reinstated again … our escrow money disappeared again just like it did when we reinstated with CW. Just Crazy Stuff !! We paid the almost $3,000 escrow shortage to CW after finding out about it in FEB of 2009. Yeah … I have the Western Union Reciept for that to … but the bank lost the money. ut ummm … They found that money too just before sending us those reinstatement figures again… it was in a suspense account instead of being applied to the escrow account. HMMM? Oh and lets not forget about those FC attorney fees of over $1200.00 we paid when we reinstated when there was NO defaut! They created It! Buttwipes!!
Someone shouldn’t live in a home they can’t afford….? Funny, for 28 years we were never late on a payment. 10 years in our first home gave us $100,000.00 down on our current home where we paid on time for 18 years. The day the banksters decided to set us up to fail and screw all of us was the last straw IMHO…. The only reason any of us are here and fighting these crooks is because they robbed everyone. Therefore, I demand they pay me back what they stole and I am not backing down.
On the other hand … I do not believe a person should live in a home they can not afford to pay for either. Get My Drift?
I don’t accept bankster fraud either Stripes. When that $17,000++ is credited back to our escrow balance, our principal is reduced by legal expenses, we have a written agreement not to fight a QT ….. I’d be a Happy Camper …. and pay the Balance. I’m not greedy .. I’m just not going to allow TBTF to steal $8,000 from escrow and add another $8,000 in taxes we paid the past three yrs. If this country allows TBTF to use Extortion and Rob us because they are TBTF. I say its time to bring them down to size …..
Guest asks….Do you even bother to read his articles…..I read everything. That does not mean I should accept bank fraud and pay my hard earned money to dump it for the banksters.
Sounds eerily familiar.
I have a Broker Allonge in Blank from the original loan package. Mortgage recorded in MERS as mortgagee. I have a 2008 CW HL LP on title (released in Nov 2011) I have a sworn 2008 affidavit to the court by CW HL and their attorney they were owner of the note and mortgagee of record in 08. I have an assignment of the Note and the Mortgage together from MERS (hahaha) back-dated four years to CW HL, BAC servicing and BOAna filed in Sept of 2011. I have yet to see an endorsement of the Note. Heck .. I have not seen the note ..only a copy.
They also had to go for debt management classes while the Wall Street crooks party on. It’s a joke.
Filing Bk is like chinese water torture. My sister did it and the only thing it prevented was her husbands wages from getting garnished. He works in Sears appliance department and they could not afford to let that happen. They had to spend a couple thousand dollars they did not have and they are still fighting off bill collectors who say they still owe them “secured” debt & they are still fighting eviction by Chase.
You have the advantage of a commercial property “loan”….. says guest. The advantage I have is they don’t have the notes & they set me up to fail and for that they should pay, not me.
There are too many greedy investors with their noses in our business.
ABSOLUTELY NOT……NO Chapter 11….
NO…I am challenging their claims and I am well within my legal rights to do so.
Bankruptcy only helps these crooks…it doesn’t save your property, it puts you in the banksters trick bag because you are admitting to their debt.
Do you even bother to read his articles … his famous line in almost every article is …… Chapter 11 is easier than you think. Why don’t you do some investigating and see if maybe we are right. There is no silver bullet for every loan but you have the advantage of having a commercial property loan. Right?
One attorney told me Chapter 13 debt restructuring puts money in the crooks pockets while emptying mine. I have done my homework…weighed my options and I know what I need to do…that attorney also told me Peter Francis Geracy is a con man who is hurting people more than helping them. We discussed all of the chapters and none were the correct remedy in my cases.
BTW…..Neil never told me any such thing.
I talked to attorney’s about Bk they told me it is a big joke. I shouldn’t pay for the crimes of these crooks.
I have a lot of weeds to destroy myself and I don’t cover up the problem with a weed wacker….I dig them out at their roots. That is the only way to be sure they won’t return. Kicking the can by covering up the problem makes for bigger headaches later on.
You either lose it all or you save it all, including your ins claim. No skin off my Nose. Every attorney you reference all say the same thing… Neil included. Are they all liars to?
Stripes it does not matter … A CH 11 will make them choke! Trust Me! You are going about this all the wrong way!
I demand no less than clear titles to both properties & damages. I don’t need or want any advice from Patricia Picard or Chicago Title & Trust who aided & abetted these crooks. NOW….CRAM THAT DOWN..
@guest/KC…I do not have soo much debt….THAT IS A BIG FAT LIE…..& I am not filing Bk and I am not backing down so don’t tell me what to do. You are giving bad advice that only benefits these crooks and yourself.
Oh well, legal lingo…… I’m not an attorney so I prefer the phrase….. Shove it Where the Sun Don’t Shine! .. On the Brighter Side of a Cloudy Day my Tulips and Pinies have bloomed and my clamatis is almost there. Lilies are all but gone now. My daisies are growing like weeds and my husband is after them again with the weed wacker… I will wack him if he gets to close and cuts them down again this year. Where is my switch?
Cram Down …Maybe as in … cram it down their throats.
I think the BK attorneys call it a Crunch Down .. or something like that. I do recall it being a very successful way of getting Justice! It almost made me wish we had a few outstanding business loans …. dang it! LOL!
5yrs later and we still have not settled this mortgage. 5yrs later the banksters still violate the consent orders and settlements. 5yrs later they are still duel tracking and cooking the books. 5yrs later and I still keep reporting them. 🙂
People get in over their heads all the time having no control over the situation. That is nothing to be ashamed of. We went to prominent BK attorney and paid him twice to talk us out of BK as a way of settling this mortgage. He was 62 at the time and a local fella with lots of investments and lots of debt owed on them, he wished he was in our shoes as we are 10yrs younger and have paid off all but one of our investments and had saved for retirement and put our kids thru collage. He said he had never had a client leave without filing BK no lone come back twice and pay him to talk them out of it again. We were the first.
Stripes you are one of the hardest heads God has bore me the burden of. So listen to me closely …. and don’t bite my head off for trying to help you. File a CH 11 BK and Save your Business and Home! Tying your home up with your business might have saved both, I am not an Attorney. You have to much other debt you are fighting at the same time. You would be surprised how much pretender butt you can kick in a Commercial Restructure BK. Banksters do it all the time. Give them a dose of their own toxic medicine. I sure wish I could!
I often wonder if those attorneys working for these fc mill attorney’s knew what they signed up for. I believe the heads of the firms knew what they were going to be doing was illegal. I still say when you realize what you are doing is aiding & abetting a crime you become a party to it. It couldn’t have taken very long for these attorney’s to figure it out. That is what I have a problem with.
Mistakes that don’t harm anyone are human….Mis-takes that not just harm someone but permanently harm someone are criminal.
I agree. The way I look at it we are all being used as bankster test subjects. I for one will not be falling for their criminal b.s.
Show me your receipt or pay me back what you stole from me is my motto.
Those involved in the extortion and theft of funds and the theft of homes should all go to Jail. Yes the FC mills were involved, and yes… I wanted to sue the britches off our offender. Apparently ( so I hear) they are the Good Guys here in Illinois and made a Mistake. I am forgiving of mistakes, … but keep in mind, The first time .. its a mistake! The second time its a Choice!
If they are invoking the courts subject matter jurisdiction, they better have a receipt that proves they deposited the money in the bank. Otherwise they are crooks.
What precisely is their subject matter jurisdiction ….? They have to prove a loss and they never lent anything of value. Nothing they do is legal.
Unsecured debt collectors can’t put a lien on real property. It’s all a scam. These banksters are financial terrorists and they caused people to not be able to pay for their fraud. Serves them right.
Where is their receipt….? All they can really do is terrorize people into filing b.k. on their fraud or garnish wages and even that is criminal because they never lent any money either.. They can’t put a legal lien on real property even if they are all playing on the same team.
These debt collectors didn’t pay for jack shit. These are third party subsidiaries of the banksters who were never a party to the Original Fraud. But hey, if they want to stand in the shoes of the Original crooks, and try to cover up their crimes, they should pay for it too.
This is real property of WE THE PEOPLE we are talking about here, not some VISA or MASTERCARD BILL….
An unsecured debt collector can not invoke the jurisdiction of the chancery court.
These are not my opinions, these are facts. Obamas pension is invested in Vanguard, one of the 4 largest institutional investors. The cities & towns are invested in everything that effects our Life, Liberty & Property.
Attorney’s are only fixing the fraud of the banks, they are not suing for clear title & monetary damages for their clients. They are missing the mark and I see that as intentional.
I have no choice, I have to fight these crooks pro se and it is my business how I plan to fight them. This is my battle.
Now your going after the right so-called investor debt collector whom only paid $10.00 consideration to buy the debt. Who ? Who ? Who? or did the debt escheat? Good Questions …
http://www.housingwire.com/news/2013/05/08/california-homeowner-bill-rights-blocks-bofa-foreclosure
A California man successfully halted a foreclosure sale on his property using the newly minted California Homeowner Bill of Rights to obtain a court injunction against two foreclosing parties: Bank of America and its ReconTrust Co. subsidiary.
For simply obtaining the HBOR injunction, the homeowner’s attorney is requesting $20,255 in legal fees and costs – a compensation request that is permissible under HBOR since the legislation allots borrowers reasonable attorneys fees and expenses for successfully obtaining an injunction.
Attorney Robert Jackson with Jackson and Associates out of California says the injunction alone may cost BofA/Recontrust upwards of $60,000 when calculating in attorneys fees and expenses from both sides.
“The biggest problem with the HBOR from the investor standpoint is the litigation risk of having to pay legal fees,” Jackson said. “The way the thing breaks down is when you get an injunction, the prevailing borrower gets all of their legal fees paid by the servicer and the investor.”
One question:
WHO IS THE DAMN “INVESTOR”???? TELL ME THE NAME!!!
WHY can’t we get a DIRECT ANSWER to that DIRECT QUESTION???
Why aren’t ANY lawyers fighting for the right to know the name of the mysterious “investor” (ie. junk debt buyer) that Attorney Jackson is talking about? That is our right under TILA and FDCPA!
Neil??? Hello??? Why???
I think lawyers like to keep things confusing so they can keep making money…just drag it out forever.
Don’t forget Illinoisions .. Saturday May 11th is Stamp Out Hunger Day! Clean Out your extra can foods and dry foods and leave them by your Mailbox. The Mail Carriers will be Picking them up on their routes tomorrow. Expect Delays in your mail service tomorrow and Please Be Kind!
I’m a Leader …. Not a Follower! I deserve the 1st Bite and the 2nd Bite! Not to mention all the extra donations available going to our local charities. The lines at the food banks are long and we have had to expand the locations.
I would share the cases but that would be putting my life and my families life at risk from unstable people. But if you hired an Attorney and didn’t try to tell them what to do ….. they would already know about my old cases.
Sure they can Stripes … I am living proof of it 2X in your own State.
Allow Me …. How is all your opinions going to get you out of FC?
Attorney’s can’t stop them.
Allow me to re-iterate my belief. NO ONE…FOREIGN OR DOMESTIC SHOULD BE ALLOWED TO INVEST IN ANYTHING THAT EFFECTS OUR LIFE, LIBERTY OR PROPERTY.
THE BANKSTERS….THE LARGE INSTITUTONAL INVESTORS CAUSED THAT ILLEGAL CONFLICT OF INTEREST AND IT WAS INTENTIONAL ..
THE REAL PROBLEM IN AMERICA IS WHAT ALL OF THE INVESTORS ARE INVESTING IN…
HILLARY/OBAMACARE IS ANOTHER INVESTMENT TOOL THAT NEEDS TO BE ABOLISHED.
I’d rather pay and Attorney than be Extorted by a Criminal Anyday!
I am all for people earning a living but we should not have to hire attorney’s to fight for our property rights. These banksters are felons and should have been shut down a long time ago.
Attorneys have to make a living to, I’m Proud to Support those who serve the Public! They are supporting their families Honestly! Now .. the FC Mill Attorneys…. We have something Special in Mind for Them and its Not our Home or our Cash. But they will get a new home and my cash will be supporting them if they file another fraudclosure. I said from the beginning, I am here to Take A Bite Out Of Crime!
I am talking about the large institutional investors. However, all investors know they are gambling so I don’t feel too sorry for them. People buying property however, could never have known what the banksters were doing with our autographs and that is criminal. Do I wish I had $130 G’s to litigate the banksters? If I had 130 G’s, I wouldn’t hand it to an attorney. With the way this economy is going, that $130 G isn’t going to last long.
Ungrateful?… Never! Bitch? … So I’ve told! Liar? … We call her Polly! I’m not in FC and you are, maybe you should have listened to me? I have a lot more than $130,000 available to litigate their sorry asses over a $130,000 mortgage fraudclosure and they know it! Wouldn’t you like to be in that position? Play Nice!! Play By The Rules!! And for Gods Sake, Quit Bashing Investors! They are just as much victims as everyone else in this mess and they alone have the power to save your sorry arise!!
You can buy identity theft insurance…mwahaha…yes, the banksters thought of everything.
Fired up? … I am telling the truth.
Safety reasons? HA …As if changing your username protects you. The FBI told me there is no way to protect your identity.
I know the reason…the banksters destroyed our Security. Welcome to commieland.
That is why every American should be demanding clear title & monetary restitution for harm done and harm intended by the banksters.
Why are you thanking Neil? What does your log in name have to do with anything? You are a liar, an idiot and a coward. The truth doesn’t lie but you trolls sure do.
You Are Welcome Neil! I have Stripes all fired up for you today, it should boost your numbers! For five years this site was educational and informative, but since the arrival of Stripes here this past year.. many have had to change their log in names for safety reasons. Additionally many have abandoned this site other than reading your articles because the Numbers Ratings Here taking Priority over Keeping Families in their Homes. Maybe its your New Meds fogging your priorities? As Always, Keep Up the Good Fight and Best Wishes
I was not told about any aspects of the Bankster Fraud they were committing with my signature. If I was, I would have walked out.
If it weren’t for us, you wouldn’t have a job or any cash you ungrateful bitch.
@ Guest/KC.. ….. THE BANKSTERS DO NOT LEND WE THE PEOPLE ANY MONEY OR ANYTHING OF VALUE. THEY STEAL OUR WEALTH BY BORROWING IN OUR NAMES WITHOUT OUR KNOWLEDGE OR CONSENT….THE U.S. TAXPAYERS PAY FOR EVERYTHING UPFRONT AT THE ORIGINATION AND THE BANKSTERS POCKET ALL PAYMENTS AS USURY ….OUTSIDE INVESTORS FUND THE BANKSTERS PONZI SCHEMES…
THE BANKING SCAM IS OUTED …. THE BANKSTERS ARE ALL LIARS & SO ARE YOU GUEST.
I NEVER GAVE ANYONE PERMISSION TO OVERISSUE INVESTMENTS IN ANY ASPECT OF MY SIGNATURE…
LOL! If you don’t want investors to invest/lend their monies in your life. DO NOT BORROW! Simple! No borrowing equals No Investors in you Life or Property! Pay Cash! You have no one but yourself to blame.
It seems to me some of these so called professionals we thought we could trust ….these Doctors, Vets, Dentists, Pharmacists, just like the Politicians, some attorney’s, cops, judges are somehow invested in this robbery of our freedom by the banksters. It is the only logical explanation.
OBAMACARE is the devils work.
The allowance of anyone to invest in anything that effects our Life, Liberty & Property has caused a conflict of interest that should have never been allowed. Investing is the devils work IMHO.
http://www.housingwire.com/fastnews/2013/05/09/wsj-mbia-soci%C3%A9t%C3%A9-g%C3%A9n%C3%A9rale-settle-mortgage-bond-litigation
SWEET! http://www.housingwire.com/news/2013/05/08/california-homeowner-bill-rights-blocks-bofa-foreclosure
Talking to people from all walks of life about how Oak Forest Animal Clinic in Oak Forest Illinois murdered my beloved pet, no one seems a bit surprised. One person told me a vet in Crestwood murdered his beloved pet. The sick jerk who murdered my pet, Meghan Welbourne, by “mis-diagnosing” my dogs illness is only part of the problem. Her husband Ben and his Father helped cover it up. The old man tried to tell me my dog had a lung stroke, out of nowhere, when he was a perfectly healthy dog. Then when he brought my dead dog out to me he had the nerve to tell me “This happens to people too.” Then the tech who was there when Gizmo died who is the sister of my sons ex girlfriend told the vet after we left, that was one of the worst things I have ever seen. What happened? The vet replied the dog had cancer for over a year. BIG LIE… My dog was scheduled to have surgery the day before he was murdered to remove a cyst on his upper thigh. All of his blood work & tests a couple weeks prior came back perfect. 2 other vets concurred, one being the vet who did the necropsy, my dog died of a treatable infection. The dog needed to be hospitalized & the abscess that vet caused by negligently administering a shot in that area, removed. He needed IV antibiotics which that vet refused unless I agreed to a $500.00 test that had nothing to do with saving my dogs life.
The other day my kids friends dad died because of Dr. “negligence.” The man had a stroke but that is not what killed him. The hospital gave him a drug that destroyed his already weakened liver from a previous illbess and made his liver & other organs fail. His family & friends know Dr negligence killed him.
All I can say is, we and our loved ones, our persons, papers & effects are in peril because the banksters destroyed our security and no one is safe. BUYER BEWARE…!
Oooops..we mis-represented those contracts & ooops we mis-calculated our debt…your mis-take for believing a bank now we get to take it all from you….oops we mis-diagnosed your loved one…now it’s too late…oooops there dead…ooops we missed the mark on everything….so we’re gonna take away your free will…oops its gone. That is how the banksters do it.
Yes….it’s another bankster Hitler plan.
And the banksters are far from done with us. First they stole our wealth & ability to earn a living, then they steal our papers and property then very deceptively they want to kill most of us. They will say oops, we screwed up…you’re dead. They used us up and now they want to bury our bodies. Read about it here…
http://www.fourwinds10.net/
The banksters never lent us a red cent, We The People paid the $12 trillion upfront and funded all of the mortgages via the Treasury, the banksters defaulted on their Original contracts, stole an estimated Quadrillion dollars from us, made $60 trillion dollars selling derivatives in just one year, 1999, got $60.4 trillion more dollars from us since 2008 and stole 20 million properties they did not own and blamed us for buying their garbage.
The sheisters really should be hung but not until they return everything they stole.
A bank attorney told me out in the courthouse hallway last year…the Allonge is the Assignment. Thanks to Neil Garfield and Matt Weidner I knew that was a lie.
CNBC also reported the FED owes US TAXPAYERS GAZILLIONS…….
IMHO…We deserve no less than clear title and monetary compensation. CNBC reported in the year 1999 Wall Street made $60 trillion selling derivatives. Time for all of us to party like it’s 1999…I want 3x the face value of the notes as well.
All true Niedermeyer…..
stripes do think that as the court allows these foreclosures that there is that free from illegal seizure. If as we are saying the the debt is not legit and they don’t have the proper documentation and uses the court and the sheriff to put people out there homes, to me is unconstitutional!
Time for the Treasury to clear our titles. We are free & clear.
Without the Legal Assignment the Allonge which is part of the note/mortgage cannot exist…The Allonge transfers nothing without the Legal Agreement.
you know what – its still the title
jumbo, subprime, hyper inflated appraisal height of the bubble market, they saw me coming
there is indeed plenty of room on that signature page. so why did i need to sign 3 different corporate assignments of the deed of trust- all for the same loan amount-
!1. Indymac, 2. comerica, 3 blank.. did the note go in 3 directions at once, stretch your imagination because we have 3 signatures now on a loose page, .its AZ mind you- the note did not matter for selling default debt. oh don’t forget IndyMac says “wells fargo is the owner and investor of your loan”
ive not thought too deeply about this but its a signature for each, –
the end result was IndyMac claims “beneficiary” status, (and the word means what it says) and Comerica offers the “gentlemen” (makes my ass twitch that word) the “loans” and “under no circumstances” must they send back to originator, ok, not to do that ok, and blank- assignment in blank also makes my.
Forget the indorsements…..The Legal Assignment is what is meant by the Allonge is to be firmly affixed to the note/mortgage.
http://legaltimes.typepad.com/blt/2013/05/fannie-mae-settles-securities-fraud-class-action.html
My Note has the originator endorsing the Note to Washington Mutual Bank, and then it endorsed in blank when it was placed into the Ginnie Mae pool.
Now what takes place next is the is the lender who is now the issuer sells the MBS and takes out advancements against securities in certain set amounts of I think $25,000 sums but not to the max of the loan. What you would have is lenders running off if all was settled upfront and then the scheme would not work when it can to foreclosing if needed.
I don’t think this was something to rip the borrowers off because that what is needed by the Fed to keep printing the money and having a 100% guaranty against losses. If the Fed made the loans to the borrowers directly there is the loss factor, and at least this way they have the taxpayer on the hook at 100% guaranty of their principal investment. Good deal for the Fed with a guaranty of at least zero lost!
What is the definition of firmly affixed…? That means no room left on the note front or back for indorsements. The allonge is a cover up for the Origination Fraud.
Howdy folks…
Couple of quick facts:
1. An allonge is usually added (affixed) to the Note if, there isn’t any room for endorsements, on the signature page or on the back of the Note… so, be suspicious if an allonge was attached to the Note but, the signature page and the back of the Note (not always the same) are NOT, filled with individual endorsements…
The only reason to add an allonge is for space and not procedure (upon the initial selling of a loan; the allonge isn’t a sheet of paper to be affixed but more so the section for edorsement… The physical allonge would be an additional sheet attached to the Note by a non-corrosive/non-degrading bonding agent… or… glue/rubber cement)
If a Corr Lending Agent is instructed to “add the allonge”, that doesn’t mean to, add a seperate sheet but to, ADD the Blank Endorsement (the Stamp)… YOU SHOULD ONLY SEE AN ATTACHED ALLONGE IF, AND ONLY IF, THERE ISN’T ANY ROOM ON THE SIG. PAGE OR ON THE BACK OF THE NOTE…
If you do see an allonge attached but, there is still room on the Note… Well then… Someones attempting to hustle you and/or the courts…
NEED HELP???
We have a couple more WINS rolling out so, please contact us if, you need assistance fighting the servicers… We can’t make any guarantees (got the 1st loss 3mo. ago) but we have a pretty good track record at, Fighting the Servicers.
email us at: lowecommunityresourcepartners@live.com
Thank you and have a good evening. Keep up the Fight… May the Lord bless you and yours.
Dan Moss
@ Stripes ,
“Why is there no indorsement upon the notes? We know they already cashed the checks so they should at least be endorsed. Allonges are an illusion and fraud upon an unindorsed note because there are no legal assignments. An unindorsed note means there was a transfer of interest after the closing and the Issuer got paid….so why are they covering that transfer up?”
******************************************
right on brother … how many notes have we seen with one “MAGIC” indorsement or an allonge direct to the foreclosing party … and absolutely NOTHING from the “depositor” to the trust or the originator to the depositor , and NEVER EVER ANYTHING from the table funding entity to anyone at all,, I personally have not seen one note with a valid chain of ownership recorded from “our” time period…
Allonges are almost always 100% invalid … I doubt ANYONE here has seen a note with two sided printing … I never have … The point being that there is ALWAYS room to imprint the assignment language on the original valid blue ink signature document… This has been the case since my first mortgage in the early 1980’s … computer generated documents are rarely double sided… and that open back side invalidates an allonge.
Just imagine all the fun you could have with a handful of allonges and a stapler ,, everyone of then in blank…
stripes I don’t think you get anywhere with the origination fraud because you got to willing of partners in us. At so point the judge would be think you did not care were the money can from when you wanted to buy or refinanced to purchase something, unless it was from drug money that was being launder and the lender was seeking us out.
I do think the monies were mostly the Fed’s way of a vehicle to make money off money. But had this money not gotten out there, there would not have been the opportunity for a lot of people to buy.
What happen here was people like Arnell Roland and Ameriquest and Countrywide (Mozilo & Loeb) created this way to sell nothing as something to Wall Street, and once the thing blew up, or was about to blow up people started to find ways to exploit everyone to hide their losses.
I don’t see this as a plan from 10 years ago.
Here is why the public has not gathered behind us is because they all gone through the lending process and nobody put a gun to there head to buy or refinance and in fact they have refinanced again to 4% or lower now, and cannot connect with the originating part of this thing, because it after the fact that the market has tank, and foreclosure have hurt their 401K, they are just not in the mood to get the pitchforks out and march! There is zero support or help for subprime borrowers!
Good stripes
And that is that then
These are Imposters, they are not our Government. We know this because nothing they do is legal.
What the banksters are hiding with the Allonge is the fact they never created the Security. They are not the “real party in interest” and never were. They have No Standing …they are not the holder, holder in due course nor do they have any legal rights of a holder and never can or will because of the Origination Fraud.
This is why under fdcpa the debtt collector must reveal whom they collect for to satisfy the statute of frauds i believe and so they must prove up how they came to be collecting for ? But since we never knew ab initio the fraudulent ” fix” done behind the ” corporate viel” ( involving many inter parties) anyhoo, Thing is we are talking about a mortgage loan/ deed of trust with contractual agreements here..,collateral home held ” in trust” impossible, and my evidence says it is if i get the chance ( due process) to have my equal oppertunity to my court.
So i mentioned on another thread that i hsve been trying to get info from fdic and one west re assets that were sold and the status of them explicitly requested- under foia
I got the blow off as usual but im not going anywhere, no sir.
Here an example of the fraud and you know the Federal Government is directly involved, and that is 800,000 FHA, VA & USDA loans got something but as they were all in Ginnie Mae pools without a way legally to transfer a still blank Note were the debt was not purchase, and the fact that Ginnie Mae not being a lender was not signed up for the HAMP.
So to hide the fraud they just paid everyone something (pennies) to not bring up the fact that there was never a actual modification for loan the calling parties in Ginnie and servicers had a interest in.
Here how simple solving this on the Government loan side by simply viewing all the Notes. If the Note is still blank (which all are) there is no party able to call the Note due, and if they is an assignment you must ask how since Ginnie Mae did not purchase the loans!
The reason the politicians are kicking the can is the banksters want no recovery for the peasants they created. They want slaves.
The rotting economy is proof the banksters must pay us back & the Treasury must clear our titles.
The banksters are masters at the art of deception however, there is no legal remedy for the Origination Fraud. The Origination Fraud allowed the banksters to overissue investments in our property and destroy the value of the properties. They owe the American People GAZILLIONS & clear titles. That is the only proper & legal remedy for this level of fraud.
The American people will be slaves to Corporate Bankster America until the proper remedies are made.
Right—if one type of fraud doesn’t work after a while, they figure out another type of fraud to keep stealing the homes…just extend the fraud and keep the whole fraudulent system going…and going…and going…and going…
I will give an example of an illegal Reconveyance……The fraudclosing bank attempts to create a chain of title and fraudulently transfers unauthorized copies of the note & mortgage to one of its subsidiaries and the subsidiary fraudulently transfers….Reconveys the copies of the mortgage & note back to the original fraudclosing bank.
RE-CON-“TRUST”…
Lots of illegal Conveyances and Re-Conveyances by the banksters.
In case anyone missed this, I am re-posting:
Senator E. Warren’s office is accepting “letters” from IFR victims. Just
send a statement of what happened w/mortgage/foreclosure, no more than 2 pages.
Include your contact info. Send a copy of your check or include the amount you received.
On the envelope – The first line in your return address section should be:
INDEPENDENT FORECLOSURE REVIEW VICTIM, then your return address follow under that line.
Mail your letters to:
Elizabeth Warren
Senator for Massachusetts
2400 JFK Federal Building
15 New Sudbury Street
Boston, MA. 02203
Right, Charles—and they weren’t legal “mortgages” to begin with… Period.
@KC
This is from that article you linked—wish CFPB would go after the biggest “debt fraud” perpetrators of all time…instead of just the “low-hanging fruit” (but of course—how can they, since the whole SYSTEM is BUILT upon fraud…?):
“…Manhattan Attorney Preet Bharara suggested the case would not be the only one arising out of ongoing investigations related to the debt settlement industry. Based on the results so far, “our concern is that predatory practices pervade the industry,” he said.
Prosecutors called the case the first criminal referral from the CFPB, an agency established after passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010.
Richard Cordray, the agency’s director, said at a news conference in New York that there are other instances of the CFPB referring cases to federal prosecutors “and there will be more.”
“There is nothing to get the attention of people who are dedicating their lives to committing fraud like knowing that they could end up in prison,” he said…”
stripe they are covering up the transfers because these alleged investors don’t have the power to purchase a home mortgage loan. The Notes are clear that only a lender or those entitle to collect home mortgage payments. The only one who are eligible to collect payment is a lender or a servicer wanting for the lender.
And the servicer without permission from the lender cannot just collect payment for anybody as they must have made a legal home mortgage loan!
Why is there no indorsement upon the notes? We know they already cashed the checks so they should at least be endorsed. Allonges are an illusion and fraud upon an unindorsed note because there are no legal assignments. An unindorsed note means there was a transfer of interest after the closing and the Issuer got paid….so why are they covering that transfer up?
https://petitions.whitehouse.gov/petition/re-evaluate-independent-foreclosure-review-and-review-occ-and-federal-reserves-role/KpNg8Hzn
The Next Petition should be to have our Cities Counties States and Federal government Divest and stop doing business with the Banksters.
NEVER AGAIN
http://in.reuters.com/article/2013/05/07/us-cfpb-criminal-idUSBRE9460LO20130507
Can you help us help this family by posting it out to help? Its an emergency .. I have followed you fo ryears and used alot of advice to help others , but I need emergency help for this family now.
Kind Re guards Deb Tyson
Nothing that happened after this makes any legal sense and is complete BS BECAUSE of this FACT:
These were previously charged off, unfunded, false default “loans”—falsely presented to EVERYONE as valid “mortgages”…
YOU CAN’T PUT A FAKE NOTE/UNFUNDED LOAN INTO A TRUST—MUCH LESS HAVE AN ALLONGE.
Deutsche is NOT a creditor. They are government condoned criminals.
The “Texas” case reciting the use of a staple is a minority case (only two in the entire USA), and is much disapproved of. the problem is obvious: with the flick of a staple-remover tool, the allonge is “off,” and another can be substituted to clean up those pesky and embarrassing impediments.
The technique legitimized by the passage of time is the technique of using brass rivets, which themselves are designed with a hole through them. Two rivets are used, to lengthen the Note. Then, a blue ribbon is passed through the holes, the ends brought to the edge of the instrument, hot wax is dripped onto the ends, and a Seal is impressed into the hot wax, thus securing the ribbon (and thus also the brass rivets) to the Instrument.
That way, absolutely nobody is going to mess with the authenticity of the allonge. Now, do you think that perhaps this arcane technique is long gone, obsoleted by the photocopier and the scanner? Nope. This is EXACTLY the technique used to authenticate original instruments, in Patent Offices all over the world. It is also the technique used to authenticate documents such as citizenship and birth certificates (known as legalization by affixing an Apostille).
That is my idea of “firmly affixed.” If you get into this squabble in some Court, then research the Apostille (and learn how to pronounce the French), set forth the brass rivets and the blue ribbon, and go joust with the banksters. If you have a chum with an original Patent, complete with the blue ribbon and the seal, then take it along and educate the Judge! Makes for great theater.
This is what I am talking about the other day that this is BS, as the bank were using a so call Allonge that is this piece of paper without proof of purchase or the relinquishing process to they pools, yet alleged lender cannot prove a cancel check that they paid a single red sent.
However the other reason to use an Allonge that a Note is lost of for what ever is to ignore the blank endorsement!
Once common since is applied then we know how to battle in court because what been taking place is stupid. How do you have a Note with one assignment or so and and not have room to put another assign on the front or back of the Notes?
And paper money backed by nothing is not money. Read the entire article by clicking on the site: this is the end of the insanity. By this time next year, we should no longer have the banks we currently have.
http://silverdoctors.com/world-bank-whistle-blower-precious-metals-to-serve-as-an-underpinning-for-paper-currencies/#more-26232
WORLD BANK WHISTLE-BLOWER: “PRECIOUS METALS TO SERVE AS AN UNDERPINNING FOR PAPER CURRENCIES”
MAY 7, 2013 BY THE DOC
I had the opportunity yesterday to speak with one of the western world’s most courageous and astute women, Karen Hudes, Former Senior Counsel to the World Bank—now turned whistle-blower.
It was a powerful conversation, as Karen spent 20 years with the World Bank as an attorney and economist, before being “let-go” after reporting internal fraud and corruption.
During the interview Karen indicated that the world is rapidly changing, with western power structures breaking down, economic & political influence gravitating to BRICs nations, all amid a pending currency transition which will highly favor precious metals. Hudes stated: “All of the countries of the world are going to allow precious metals to serve as currency, and this will be an underpinning for paper currency, as we’ll have both systems at the same time.”
Starting out by discussing the shocking centralized power she witnessed while working at the World Bank, Karen explained that, “A study done by three [Swiss] systems analysts who used mathematical modeling [shows] how the [world’s] 43,000 transnational corporations were being controlled through interlocking corporate directorates. There’s a group of 147 companies, most of them are financial institutions, and what they’ve done, is through the interlocking directorates, they control 40% of the net worth of these [43k] companies, and 60% of their earnings…so that group has been using the presidency of the World Bank as kind of a puppet to dominate the world—that’s [now] finished.”
A major shock to that centralized power base, according to Karen, was the recent move by BRICs nations leaders to bypass the World Bank for their financing needs, by establishing their own development bank. “As the BRICs [nations] economic power grows,” she explained, “they’re not going to be strangled anymore through the grabbing [of] their resources…So their decision to start their own development bank was their way of letting [world] governments know…that its time to end this corruption.”
Major moves toward monetary independence are also being made by growing numbers of U.S. states, Karen added. She explained that, “The states are starting to have legislation recognizing gold and silver bullion as legal currency. This is [also] a very strong signal the states are sending to the federal government, that the time to get serious about ending the corruption in the financial system is now here.”
Deutsche and Chase allonge.
In my case, supposedly Chase added an Allonge right after we did the loan — transferring the loan to a non-existent Trust — Ch5 by JPM. The trust was formed 4 months later. However no assignment was made or registered within the window of time that the Trust had to take in assets. That was june 2007. We asked for a loan mod n sep 2009. Never officially denied but DB started a foreclosure in Aug 2010. They finally registered the title in KS in 2011.
So in reality, the Trust cannot take in the loan as it now is outside the window allowed for a Remic by the IRS. Additionally — when DB filed to foreclose in Aug 2010, they did not file anything that showed DB owned anything. Even the allonge that was supposedly signed back in 2007 was not included with the petition — likely because it did not exist until after the foreclosure was started. Even in late 2010 Chase was still saying they had not sold the loan — so obviously their system and paperwork did not show any movement into the Trust — because it did not happen.
My point is, IF the allonge is not FIRMLY AFFIXED TO THE NOTE as suggested in the article —-
IT PROBABLY DID NOT EXIST UNTIL SUCH TIME AS THE BANK DECIDED TO FORGE ONE.
I guess this could be relevant if the banks had to show the note, much less an allonge before they sold the home however this is not the case in all states. AZ has no such protections and common sense seems to elude many judges