BANKS STOP FORECLOSURES AS THEY REVIEW COMPLIANCE WITH CONSENT ORDERS

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The selection of an attorney is an important decision  and should only be made after you have interviewed licensed attorneys familiar with investment banking, securities, property law, consumer law, mortgages, foreclosures, and collection procedures. This site is dedicated to providing those services directly or indirectly through attorneys seeking guidance or assistance in representing consumers and homeowners. We are available to any lawyer seeking assistance anywhere in the country, U.S. possessions and territories. Neil Garfield is a licensed member of the Florida Bar and is qualified to appear as an expert witness or litigator in in several states including the district of Columbia. The information on this blog is general information and should NEVER be considered to be advice on one specific case. Consultation with a licensed attorney is required in this highly complex field.

EDITOR’S NOTE AND PRACTICE SUGGESTIONS: The approach taken by federal agencies and law enforcement with respect to illegal behavior on the part of the Wall Street banks and their affiliates, subsidiaries and co-venturers has basically been a collection of smoke and mirrors designed to create the illusion that the problems are being fixed. In fact the reality is that the problems are being swept under the rug leaving the economy, the middle class, and the title records of nearly all real estate transactions in shambles.

The temporary hold on foreclosure actions is the result of further scrutiny by federal agencies and law enforcement AND  the growing trend of lawyers for homeowners citing the consent orders in their  denials, defenses, and counterclaims.

The problems are obvious. We start off with the fact that  the notes and mortgages would ordinarily be considered unenforceable, illegal and possibly criminal. Then we have these consent decrees  in which administrative agencies and law enforcement agencies have found the behavior of the parties in the paper securitization trail to a violated numerous laws, rules and regulations. The consent decrees and settlements signed by virtually all of the players in the paper securitization chain require them to take action to correct wrongful foreclosures. Of course we all knew that  they would do nothing of the kind, since the result would be an enormous fiscal stimulus to the economy and restoration of wealth to the middle class at the expense of the banks who stole the money in the first place.

You can take it from the express wording as well as the obvious intention in the consent orders and settlements that most of the prior foreclosures were wrongful and then it would be wrongful to proceed with any further foreclosures without correcting or curing the problems caused by wrongful foreclosure on unenforceable notes and mortgages that are not owned by the originator of the alleged loan or any successor thereto. The further problem for them is that none of them were ever a creditor in the loan transaction.

There can be little doubt now that the principal intermediary was the investment bank that received deposits from investors under false pretenses.  There is no indication that the deposits from investors were ever credited to any trust or special purpose vehicle. Therefore  there can be no doubt that the alleged trust could have ever entered into a transaction in which it paid for the ownership of a debt, note or mortgage. It’s obvious that they are owed nothing from borrowers through that false paper chain and that there obviously could be no default with respect to the alleged trust or any of its predecessors or successors. Therefore the mortgage bonds supposedly issued by the trust were empty with respect to any mortgages that supposedly backed the bonds.

By the application of simple logic and following the actual money trail from the investors down to the borrowers, it is obvious that the investors were tricked into making a loan without documentation or security. This is why the megabanks and all of their affiliates and associates have taken such great pains to make sure that the investors and the borrowers don’t get together to compare notes. Most of the notes signed by borrowers would not have been acceptable to the investors even if the investors were named on the promissory note and mortgage. And both the investors and the borrowers would have been curious about all of the money taken out of the funds advanced by investors as undisclosed compensation in the making of the loan.

 So the banks are facing a major liability problem as well as an accounting problem. The accounting problem is that they are carrying  mortgage bonds and hedge products on their books as assets when they should be carried as liabilities.

The liability problem is horrendous. Most of the money taken from investors was taken under false pretenses. In most cases a receiver would be appointed and the investors would claw back as much as possible to achieve restitution.

This is further complicated by the fact that the homeowners are entitled to restitution as well as damages, treble damages and attorneys fees for all of the undisclosed compensation. This is why the banks want foreclosure and not modification or settlements. They need the foreclosure to complete the illusion that the alleged trust or special purpose vehicle was the proper owner of the debt, note and mortgage despite the fact that the trust neither paid for it nor accepted the assignment.

Thus  lawyers are now directing their discovery requests to the methods utilized by the banks and their affiliates to determine whether a particular foreclosure was wrongful and if so to determine the required corrective action.  It is perhaps the most appropriate question to ask and the most relevant as well.

The required corrective action should be the return of the home to the homeowner. That is what  would ordinarily happen if the scale of the problem was not so huge.

But the law does not favor that approach when applied by judges, lawyers, homeowners, legislators and law enforcement.  Instead, investors and homeowners alike are stuck in a web of politics instead of the application of black letter law that has existed for centuries.  As a result the government response has been tepid at best misleading virtually everyone with so-called settlements that work out to be a fraction of a cent on each dollar  that was stolen by the banks and a fraction of a cent on each dollar representing the value of homes that were taken in illegal foreclosures.

Fortunately none of these consent orders or settlements bar individual actions by homeowners against the appropriate parties. Below are the links to consent orders that may apply to your case — even where the Plaintiff or party initiating foreclosure sales is NOT named as one of these. One or more of them is usually somewhere in the so-called securitization chain. Hat tip to 4closurefraud.org.

Links to the OCC and former OTS Enforcement Actions (Issued April 2011):

 

 

Links to Enforcement Action Amendments for Servicers Entering the Independent Foreclosure Review Payment Agreement (Issued February 2013):

 

 

Wells, Citi Halt Most Foreclosure Sales as OCC Ratchets Up Scrutiny
http://www.americanbanker.com/issues/178_96/wells-citi-halt-most-foreclosure-sales-as-occ-ratchets-up-scrutiny-1059224-1.html

Thousands of Days Late, Billions of Dollars Short: OCC
http://4closurefraud.org/2013/05/18/thousands-of-days-late-billions-of-dollars-short-occ-correcting-foreclosure-practices/

US BANK: Lawsuit to Take Aurora Woman’s House is Guaranteed
http://4closurefraud.org/2013/05/17/us-bank-lawsuit-to-take-aurora-womans-house-is-guaranteed/

Short sales routinely show up in credit reports as foreclosures
http://www.latimes.com/business/realestate/la-fi-harney-20130519,0,111610.story {EDITOR’S NOTE: SEND OBJECTION TO CREDIT REPORTING AGENCIES}

 

51 Responses

  1. They are all one giant bank Corp of crooks…. THE BANK OF INTERNATIONAL SETTLEMENTS/IMF/WORLD BANK CORP…has affiliates too numerous to mention. It’s tentacles reach into everything like a giant killer octopus. Just because the current servicer of the banksters debt is not mentioned above does not mean anything. I see CHASE as being the main culprit here and BOFA was the Master Servicer of all of the fraud. Wells Fargo did major damage as well trying to mop up the carnage. You really can’t put your finger on just one because they all hung out on different street corners but they all have one pimp.

  2. Do you know who your Master Servicer is? I don’t have a consent order either for my case/bankster/servicer but the Master Servicer is on the consent order list. Give it a shot.

  3. The list of consent decrees is above – GMAC is not on it. That’s why I was asking. Thanks anyway.

  4. Somebody post the consent orders yesterday from LivingLies. Take a look at the consent orders and see what is up with your bankster.

  5. GMAC Mortgage and their gang are in bankruptcy – however, they entered into some kind of agreement prior to that filing. Was a consent decree ever exectued for this group – including Homecomings Financial and all the “Residential Funding” identities?

  6. People are still trying to legally fight groups that do the most underhanded/illegal thing they can.

    I know the trick is to not become what you are fighting, but at what point do you just bury the foreclosing party’s houses in liens?

    I don’t mean 1 or 2 – a dump truck load, total barrage from here to the moon.

    Show them what “Perfecting a Lien” actually means. Spell it out nice and clear.

    They say the counter party doesn’t matter, let them sort that out.

    Make it a Great Day.

  7. E Tolle,
    Great vid! Yes, when the realtor told me the name Dignified Transitions, I chuckled to myself. Their Orwellian language game knows no bounds.

    Also, the realtor was trying to clear up my “confusion” about how mortgage loans work. She said words to the effect of “Well, when you sign your mortgage papers, your mortgage is really backed by Fannie Mae. Your closing person may not have told you that, but that’s what happened.” And she said this with the most matter of fact, straight-faced, Kool-Aid-drinking smugness that when she started to go further I had to stop her and tell her that she needed to look into endorsements and assignments and such. She quickly changed the subject.

    Stripes,

    Max Keiser is right about almost everything. I disagree with him about gold and Bitcoin, but his overall analysis and where he’s coming from is like a cross to the bankster vampires.

  8. Dignified Transition Solutions sounds like the sneaks are saying they are stealing your property and they really don’t give a damn where you go unless of course you want to rent your own property from them. They think we are all suckers.

    It totally reminds me of the transition team from “hope for homeowners.” Trying to let you down easy when you are denied the loan mod. They try to coax you through the commie scam by telling you people are moving into apartments as if that’s any consolation. I talked to Carlos from “hope.” During our conversation, I told him people are killing themselves over this. He said ..some people can’t cope because it is hard to be successful and lose it all.

    All I can say to the whole commie charade is, thankfully, they did not fool me.

  9. Great thought in that video but the banksters will never jump, they are cowards. They would rather force all of us to suicide. I agree with Max Keiser the banksters are worse than Bin Laden.

    Bin Laden was a distraction from what the central planners were really up to……our robbery.

    It has been the same core group of evil masterminds all throughout history with the same goal, controlling everyone. They are evil, greedy bastards.

  10. @ zurenarrh, I’m flabbergasted by the division of the bank you recited in your post:

    Dignified Transitions Solutions

    Oh really? WTF is that? Has a single bank ever shown an ounce of dignity since day one? That word is never uttered on Wall Street.

    How’s about we call gathering up all these TBTF C-suite jerks all the way down to lower-management and tossing them into long-term assisted living (aka prison cells) the Undignified Solution for their Transition to being Bubba’s Babe for life?

    What they all need is to spend the rest of their days in a PMITA federal prison. Practice hint: the first two words are Pound Me….you can guess the rest. Screw them all, literally and figuratively.

    Or let them do it themselves.

  11. The insurance companies are all part of the bankster Corp as well Louise. It is all about keeping their investors happy and to heck with everyone else. They collect our money and give it to our enemies and throw us the crumbs. When the real disasters hit like Katrina or OKC, they just steal more taxpayer money through the Federal Government and throw us more crumbs. These crooks never lose. Everything is a racket for the benefit of the investors at the top of the pyramid scheme.

  12. I truly appreciate your advice KC and I truly pray for you to make a 100% recovery. However, I am sticking to my legal rights in these matters and am demanding no less than clear titles and monetary damages because that is the only proper correction for these crimes that were intentionally committed against us.

  13. Interesting stuff at this site…. http://electronzio.com/

  14. $273.00 per month for seizure meds in this country! The price of the seizure med Depakote ER has skyrocketed and increased over $100.00 per month in the past year. These dirty, greedy, scumbags. How do these thieves expect 20 somethings to afford that? They don’t. The investor crooks are trying to force totalitarianism in the form of OBAMACARE down our throats. Even with the $100 dollar coupon from Abbott Labs most 20 somethings can’t afford it or won’t want to give up their few extra bucks to pay for their meds. The investors in big pharma and the entire healthcare industry are the face of pure evil.

  15. NJ

  16. How many Californians have had their properties stolen by these communists? Judicial States are being more like Nazis and very deceptively stealing people’s property. Either way it is all criminal. Where are all the activists down there. I thought you Californians were more rebellious than this. In Illinois the people are going berserk about what these Nazis are doing. Sheriff Tom Dart of Cook County is doing his best to fight these crooks. What about your sheriff’s department’s?

  17. I tried doing the right thing Neil, but I am running out of time and patience. God is calling in his end of the deal … 18yrs later. Permanent radiation implants kept the cancer at bay but does its own irreversible damage. I want to settle this before God calls me home. So here is the Scoop All …… Stop fck’ing around with these buttwipes and take them into a chapter 11 and supena them all for “Proof of Claim”. BK discharged in weeks when you have no debt. Remember Folks …. demand Proof of their Claim and if they don’t have it … watch them scurry back into the hellhole they dug for themselves. PFFFT! American Standoff comes to an End Now! Prove Up or Take a Hike! Kiss that court order!

  18. It is up to us to question everything we are told thanks to all of the misdeeds of the banksters. It is now really hard for me to believe anything I am told and that is precisely what the banksters caused by destroying our Securities. It is no way to live when you can’t trust or believe a darn thing you are told anymore. That is perilous.

  19. I agree z…..I would like to know what are the FBI and Homeland (in)Security doing in Oklahoma City in the aftermath of todays devastating tornado? Are they trying to tell us it’s a HAARP crime scene or are they telling us something even more sinister?

  20. What state are you in, javagold? I have yet to see anyone in CA able to stay in their home…

  21. Wells Fargo got a fraud closure thru the Court over 3 years ago and still they send me paperwork. HAMP. Short Sales. Cash 4 Keys. I refuse every time. Just challenge them to try and take the house. I will meet them at front door. Court room. Courthouse steps. Just name the place and I will be there. I think they know I plan on fighting them until they lose. Maybe I will not even have to throw a punch.

  22. zerenarrh you got to have a plan and yes they would want you to short sell your property because if you do you cannot complain as then you were never damage and you choice to short sale. However if they have already foreclosed there is no short selling as you are out the picture, useless they rescind the foreclosure.

    However if they are offering to rescind the foreclosure you need to look deeper into your situation because you got them on so point they cannot over come without you selling your interest yourself.

  23. So if the short sale shows up as a foreclosure, that means that the Credit bureaus are in on the scam, too. It also means that insurance money is being collected illegally. Why don’t the insurance companies get smart? Is it because they are getting kickbacks? Do the insurance companies know they are being fleeced as well? Somebody’s pocket is getting full of ill gotten gains.

  24. Stripes, I don’t trust them either. If they wanna dance, then I’m ready to dance. I also agree they’ve got something up their collective sleeve–this feels like the calm before the storm.

  25. The game is party coming to an end because the OCC got a breather when in Apr 2011 they signed the IFR settlement to have the crooks pretend as if they would review these files but at the last moment “No Standing” issues were taken off the table because it was the most costly end of this deal.

    The OCC stop entertaining the request and laid it all in the hands of the IFR but now the since the issue back in the hands of the OCC plus states have got wise in Washington, Oregon and other states are requiring proof of ownership it going to be impossible that in one state a where these un-purchase Notes that the holder of these instruments are not in title and cannot proof a sum of money changed hand, must apply the same way universally if UCC 3 is the basic standard for possession of a blank endorsed Note.

    You cannot have the contact/Note be view in Washington differently than in New York and the same party be involved as a Nationally lender. But what happen is what stripes has been saying that there no actual securities.

    The Note is not a Note if it does not contain a debt, which in the case of Ginnie Mae none of the Notes have a debt. So if the Note does not have a debt how can it be a part of the securities that counts on the Note actual being worth the amount on the face of the Note. Since there is no debt held there is actual no securities because its based on a falsehood that Ginnie Mae is holding $1.1 trillion in home mortgage debt, but by law it cannot, because it simply cannot and does not purchase a single Note debt!

  26. Charlenegreene14@yahoo.com

  27. I knew this to be the deal a long time ago and because Ginnie Mae only deals in one way in placing these loans into their pool it easier to show the moving pieces because it simply the lender/issuer, investor & Ginnie Mae/insurer.

    There no position for a trust because Ginnie Mae must at all time be in possession on the endorse blank Note because there no sale of the debt and no other way to show any type of ownership of this fraud.

    Now that the modification fraud has been put to rest in some degree (which is good) the OCC out itself in a jam because now they must deal with the real deal and that is whether these clowns have “Standing” to have brought about a foreclosure in the first place.

    There no hiding place for the OCC if you got your paperwork in order to have the bank come back now and give some BS reason tangled up in the modification mess because that for the better is over for the 2009-2010 foreclosures.

    So if you got a complaint that the property was illegally foreclosed and you provide the documentation of the fraud, what now can the OCC do but have the situation handled under the law or they become a party to the crime. At some point stupidity because criminal because the OCC has a duty to perform when laws are broken. These clowns have been operating without referring crime over to law enforce, and is why these cases have dragged out without an end, as the OCC was clueless on there end and the FBI was clueless on there end.

  28. I don’t trust them z. They are planning something like a world tax on the mortgage fraud to take the place over. You are doing the right thing by remaining vigilant. The banksters do not own this place, WE THE PEOPLE do.

  29. Thanks for the advice, T. I didn’t appeal because once I got the lower court decision, I knew the higher court would not help me. Not because I DIDN’T have valid arguments/evidence, but because I DID. So now it’s a stalemate, but I still own the house and they’re still not attempting to do anything about that. And when they attempt to do something, I will sue them again based on whatever they do.

  30. You should have filed and Appeal, if the decision was as—-ine. Its best to do so if you have the means, patience (blood pressure) and its likely the time-frame expired w/in 20-40 days of the civil decision. File a Notice of Title Dispute if it applies w/local ROD (if they’re Corp/Govt counsel atty will let you, that is). Good luck!

  31. Stripes,
    They haven’t done anything at all. I told them several times in no uncertain terms that they would again face legal action from me if they so much as farted in my general direction. They won the lawsuit, it’s been almost 14 months, and they still haven’t even tried to take the house? That’s not bureaucracy slowing them down. They’re tired of being sued. Plus the judge’s ruling in my case was directly contradictory and asinine, which I would not hesitate to point out in a brand new complaint. And this go round in the courts–if there is to be another go round–I will be acutely aware that any judge who the case is assigned to is my enemy and I will file documents accordingly.

  32. Did they convey the title to themselves z? If so you need to go after them.

  33. They are all liars poppy.

  34. Recontrust foreclosures have come to a standstill in my state. I lost my lawsuit but they–BoA and/or Fannie Mae–still haven’t taken my house over a year after I lost. It may be because I have sent them several letters in which I told them that I would be reporting them for violations of the consent orders if they foreclosed or changed the locks or basically did anything. Or maybe not–think what you like.

    Also, got a call from a realtor the other day who said she had been contacted by BoA to see if I would do a short sale. I told her I would do it if the following conditions were met: no tax liability for me, no deficiency, no coming after me for note now or later–basically I walk free and clear. She said all that would be fine and dandy and not a problem and that she would have “Dignified Transitions Solutions” contact me post-haste. That was last week. Haven’t heard back from either the realtor or DTS. As Yves would say, “Quelle Surprise!”

  35. Right on javagold!

  36. The banksters should have never got a settlement for fraud because of the Origination Fraud. Why would the politicians give a free pass to felons? Evertything these politicians have done so far is llegal and quite deceptive.

  37. I hope everyone here is telling everyone they know to stop paying the criminals !!!

  38. Toxic arsenic found in 90% of chicken meat…damned Nazis… read about it here…. http://www.fourwinds10.net/

  39. I have more great info I am going to blog in a little while. If you get it, stick a fork in them, they are done. Bringing a fc case with no standing is criminal by it’s deception. Barring a commie military intervention or more fraud like an open declaration of martial law the banksters aren’t going to get away with stealing everyones shit.

  40. Ha that’s another lie by these sheisters carie….they need to hold the security or they have NO PECUNIARY INTEREST….

  41. What I meant by those who are in deep shit is … those who don’t get it and are still believing the lies. Because once you get it there is no changing that.

  42. “A trust can be organized without a transfer of property to the trust. It can only come into existence when property actually is transferred to the trust. The issuance of a certificate does not constitute a transfer of property to the trust. Accordingly, there is no evidence from which a court can infer such a transfer was actually made. The fact that MBST certificates were sold to investors who paid for the certificates does not show that the specific mortgage being foreclosed was ever transferred to the MBST.”

  43. The substitute judge today encouraged loss mitigation with the banksters to those who are in deep shit and said the banks may ask for documents…! Heil Hitler…

  44. Looks like plan b … because they got caught. Beware their fixes for fraud will be tyranny. They will try to impose a World Tax on the buildings to cover up for their commie takeover. Don’t buy it. The TREASURY owes us clear titles & the banks owe us a gazillion dollars.

  45. “The books tell the tale and you cannot get them in court.”

    Got that right, Poppy!

    On-balance sheet, off-balance sheet, accounting tricks,—none of it matters.
    The only thing that the cowardly judges seem care about is “you signed something—so you have to pay someone—anyone—and we don’t care if they didn’t lend you anything—pay up!!”

  46. Truth is….they needed to hold the security at the onset of their fraud suits & they did not so they are done. These cases are now criminal matters.

  47. I had court this morning on the matters & the judge was not there. My case was continued to August. Now both of my cases are continued to August which makes me wonder what in hades they are up to now. The substitute judge threw out a shitload of motions to summary judgement by the banksters reason being Illinois law now requires the banksters give a reason for denying loan mods…..cough, cough.

    Show me the Security or clear my titles, pay me what you owe me and beat it you crooks is my motto.

  48. Neil – You forgot SUNTRUST (one of the most aggregious abusers, and a signator onto the Govt settlement agreements in early 2013 too).
    Please add that link.

  49. The Federal Reserve is Robbing You Blind

    Published Fri, May 3rd, 2013 Floyd Brown, Chief Political Analyst
    Print This Post Email This Post

    Last week, I began to explain what America might look like after a government collapse. I ended on a note about the Federal Reserve, and I promised I’d come back to it this Friday.

    Well, here we are. And I’m going to begin with a radical statement:

    The purpose of the Federal Reserve is to benefit its shareholders… not America.

    This statement is confusing to most people because they assume the Federal Reserve is an agency of the government. It’s not.

    In fact, it’s a private entity. Only the shareholders aren’t private investors. They’re the major “too-big-to-fail” banks of America.

    The next thing you must understand is that the Fed was given (by Congress) the most lucrative monopoly on earth… total control over the creation of money. So it can print money, legally. What a business!

    Now, don’t get me wrong – there is some regulation. What Congress gives, it can also take away.

    The problem is that when you can literally create money, you have lots of cash to influence the system.

    Indeed, when it comes to the economy, the Fed is even more powerful than the president. Only Congress and the president, working in unison, can check the power of the Federal Reserve.

    And considering that such cooperation isn’t exactly the norm in D.C., the Fed is using its insane amount of power to rob you blind.

    Here’s how…

    http://www.capitolhilldaily.com/2013/05/federal-reserve-theft/

  50. They ignore C&D’s. The last batch of foreclosure notices I saw posted @ the courthouse all had Federal National Mortgage Association.

  51. The short sales show up as foreclosures, because that’s the only way to collect the insurance from the default. The books tell the tale and you cannot get them in court.

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