13 Questions Before You Can Foreclose
foreclosure_standards_42013 — this one works for sure
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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: Some banks are slowing foreclosures and evictions. The reason is that the OCC issued a directive or letter of guidance that lays out in brief simplistic language what a party must do before they can foreclose. There can be little doubt that none of the banks are in compliance with this directive although Bank of America is clearly taking the position that they are in compliance or that it doesn’t matter whether they are in compliance or not.
In April the OCC, responding to pressure from virtually everyone, issued a guidance letter to financial institutions who are part of the foreclosure process. While not a rule a regulation, it is an interpretation of the Agency’s own rules and regulation and therefore, in my opinion, is both persuasive and authoritative.
These 13 questions published by OCC should be used defensively if you suspect violation and they are rightfully the subject of discovery. Use the wording from the letter rather than your own — since the attorneys for the banks will pounce on any nuance that appears to be different than this guidance issued to the banks.
The first question relates to whether there is a real default and what steps the foreclosing party has taken to assure itself and the court that the default is real. Remember that the fact that the borrower stopped paying is not a default if no payment was due. And there is no default if it is cured by payment from ANYONE after the declaration of default. Thus when the subservicer continues making payments to the “Creditor” the borrower’s default is cured although a new liability could arise (unsecured) as a result of the sub servicer making those payments without receiving payment from the borrower.
The point here is the money. Either there is a balance or there is not. Either the balance is as stated by the forecloser or it is not. Either there is money due from the borrower to the servicer and the real creditor or there is not. This takes an accounting that goes much further than merely a printout of the borrower’s payment history.
It takes an in depth accounting to determine where the money came from continue the payments when the borrower was not making payments. It takes an in depth accounting to determine if the creditor still exists or whether there is an successor. And it takes an in depth accounting to determine how much money was received from insurance and credit default swaps that should have been applied properly thus reducing both the loan receivable and loan payable.
This means getting all the information from the “trustee” of the REMIC, copies of the trust account and distribution reports, copies of canceled checks and wire transfer receipts to determine payment, risk of loss and the reality of whether there was a loss.
It also means getting the same information from the investment banker who did the underwriting of the bogus mortgage bonds, the Master Servicer, and anyone else in the securitization chain that might have disbursed or received funds in connection with the subject loan or the asset pool claiming an interest in the subject loan, or the owners of mortgage bonds issued by that asset pool.
If the OCC wants it then you should want it for your clients. Get the answers and don’t assume that because the borrower stopped making payments that any default occurred or that it wasn’t cured. Then go on to the other questions with the same careful analysis.
Filed under: CDO, Eviction, foreclosure, GARFIELD GWALTNEY KELLEY AND WHITE, GTC | Honor, Investor, Mortgage, securities fraud | Tagged: 13 questions, accounting, borrower, canceled checks, creditor, curing the default, default, discovery, investment banker, Master Servicer, OCC, OCC guidance letter, REMIC, trustee, wire transfer receipt |
hman – to the best of my info, nationstar only purchased the servicing from aurora, not the corpus. I’m not convinced that aurora had any loans to purchase – just servicing rights. NS also purchased the servicing from Ally (and subs) when it filed bk. Buffet’s new deal ended up with the loans themselves. NS is a stinking servicer.
Can anyone here define a default servicer beyond speculation?
BTW…..not a word about the massive and conspicuous felony mortgage fraud in this State from Illinois States Attorney Anita Alvarez. All these people seem to care about are rights for illegal aliens. There is definitely another agenda here and that agenda is not what we are paying them to do. Myself and many others are thoroughly disgusted with every single one of them.
The truth is clear, we are not electing these people but, we are paying these people to protect criminals.
Yes UKG, I live in what the fed up locals call Crook County. Corruption is nothing new here however, this has gotten way out of control because they are coming for everyone. According to a law enforcement friend of mine, the court system as always been all about “who you know.” I really don’t think they ever thought we gave a shit because it didn’t effect us personally. Well times have definitely changed and thankfully some of us do care that they are stealing everything from us.
I am all for not bickering UKG however, what I see as staying on point may differ from what you see as staying on point. This is a massive conspiracy and I see connections where you may not. I do agree we all need to get along. Division is what they want so we should probably try to stick together. I am all for that.
stripes, you sound like you’re very coherent on the subject. WE CAN CONVERSE!!! Let’s stop the bickering and stay on point. Okay? ‘Nuff said.
stripes, aren’t you in Crook County?
UKG…… Criminals never take a holiday so either do I. #1 I don’t eat unhealthy snacks, fighting 2 fraudclosures and other injustices are bad enough for your health. I wish I had time to gaze out the window all day but, I have a busy life.
I am well aware the FDCPA is used as a defense to fraudclosure. It is not my idea of justice and I already explained why I see it that way. These felons should be in prison by now.
While Civil RICO is probably the most appropriate punishment for these financial turds, and not hard to prove, those are more complex suits and would tie up the courts for decades. The States Attorney’s should be bringing those RICO cases against these crooks and defending the U.S. taxpayer’s who pay their salaries..
In my cases, because of the Plaintiff’s failure to invoke the court’s particular subject matter jurisdiction at the onset, a counterclaim cannot be brought. That is why I chose to challenge the claims of these crooks on Standing, Fraud and Forgery and failure to State a Cause of Action and invoke the court’s particular subject matter jurisdiction at the onset as the law requires. If they don’t have Standing, everything they entered upon the court is Fraud & Forgery……These are Felonies. In that case, intent to deceive is apparent on the face of all of the documents and I have all of the rights of the harmed party.
There are a lot of complexities in my motions as to why Plaintiff’s Negligence in taking ordinary care with my Securities was intended to do me harm. I stated collection of payments by the Plaintiff or any subsequent party after the Issuer failed to create the Security as the law requires was deceptive. Without the Security, Plaintiffs are fictitious payees who were collecting usury that was excessive & abusive.
Bottom Line, without the legal lien, these collection practices are Felonies.
as long as the place is deserted, I’ll chat with ya stripper. happy holiday weekend. I bought a beef tenderloin at the Piggly Wiggly today. untrimmed. save a couple bucks that way. Get a nice three and a half pounder, and you can make three meals out of it!
Can we get one thing straight? Roll over the picture with your mouse. see what it says? enough…….I will be somewhat serious with you, I expect the same…..
FDCPA is but one cause of action. This claim will, first and foremost, gather attorneys fees. the real deal is RICO or a state claim like I have here, WOCCA, Wisconsin Organized Crime Control Act. at this point with an appeal pending on multiple issues including the bifurcation of the claims against the 4-9+ named defendants, the ruling that I can’t contest an endorsement on my own insrtrument, the ruling that lawyers can commit fraud throughout the proceedings at bar with immunity and only after the case is finished can you accuse them of impropriety, I can’t say what we have in our endless bag of tricks. I know you haven’t read anything I’ve posted over the years as you’re too busy slobbering all over your keyboard stuffing your face with chips and dip, but the proper pleading of the causes of action has evolved dramatically. it isn’t the documents, the mortgage, the servicing, the PSA, the origination, the bogus appraisal, the undisclosed lender foreign national bank/LIBOR impaneled (I replied that the funding was a Deutsche Bank sight draft disguised as a cashiers check for a Wells Fargo loan made payable to the title agency as a lump sum), the securitization fail (all lacking endorsement and delivery), the modification, the failure to modify, the extraction trial payments and p[osting them as fees! It is all these elements of fraud that lead to the inducement of adding a seal to a note, a CONTRACT, that could never be fulfilled. And the parties to your mortgage and loan were not disclosed. it is not the securitization that is fraudulent, per se, it is the use of the securitization, the QSPE, the bankruptcy remote entity that is funded with DEBT, not notes and mortgages. Extrinsic fraud is much harder to detect. We, as homeowners (I refuse to use the word borrower anymore, my attorney scolds me) were certainly not privy to the intent to defraud everyone involved and lose the house we bought or refinanced. There were plenty of idiots out there to take the money, and a good portion of the people in the ditch today were profligate spenders. I know, they wrote out their checks to me. All the geniuses thought cheap money meant AFFORDABLE. It was only OBTAINABLE.
I, myself, fight because I worked so hard to get back to ZERO, paid off business taxes, past due stuff, etc. without going BK. UPSIDE DOWN to the FEDS is no fun either. i’m a no-money-down purchase-money debtor. The court loves to throw out guys like me. But I’m guilty only of believing in the value of real property and the laws of economics. When the funding is done with illicit money from foreign national banks who eventually turned out to be in control of all the levers (origination, depositor, appraisal, securitizer, servicer, custodian) that caused not just subprime defaults, but also ensnared many prime borrowers, and then millions more with their retirement plans plunging, the fraud is prima fascie.
if you are fighting your foreclosure with or without counsel, or you’re just sitting there looking out the window enraged that you can’t fight, I understand. If you have alienated your family to sit here and wallow forlorn in tumult and chaos for all the world to read, I also feel for you. But I encourage you to make better use of your time if you expect to get anywhere.
Yeah right UKG….You are not the sharpest tool in the shed if you believe using the FAIR DEBT COLLECTION PRACTICES ACT for felony bank fraud by the banksters is the right remedy.
Tell me UKG…. If I rob a bank of it’s wealth & building can I use the FDCPA to keep the money I stole if I give them back the building? The scoundrels are using the FDCPA to protect these criminals who owe us GAZILLIONS….. there are actually numerous laws that these crooks have broken with impunity that should have put these felons behind bars a long time ago. The FAIR DEBT COLLECTION PRACTICES ACT is just another fraudulent fix for felons who owe us GAZILLIONS. Using that Act as a punishment for massive mortgage fraud by the banksters is a load of commie b.s. to make people believe they got justice for being robbed of all of their wealth by giving them back their own stolen house.
Ian, take a read of Wells fargo v. Erobobo; also Cenat v. U.S. Bank. another one is somebody v. Congress v., hmmmm, Erica Congress.
Wooten is the attorney. this went to appeals after the borrower won, the appellate court reversed, and the Supreme Court (LA) reversed and found in favor of the homeowner again. You could accuse the opposition of fraud on the court, abuse of process, racketeering, FDCPA, even this from my good friend Jan……
officious intermeddler
n. a volunteer who assists and/or benefits another without contractual responsibility or legal duty to do so, but nevertheless wants compensation for his/her actions. The courts generally find that the intermeddler must rely on the equally voluntary gratitude of the recipient of the alleged benefit.
When foreclosing law firms start filing forged documents on the court (your allonge and endorsements from non-existent companies, trade name that are not licensed in your state or the state they claim to have existed in,etc.) the acts become criminal in nature. I’ve said before we’re fighting criminals in a civil court. throw that shit in the face of your nearest U.S. Attorney. Become a pain in the ass. Get on “linked in” and research the history of the affiants/signatories who appear on your documents. We have stamps with signatures of people who hadn’t worked there for three years. Call your AG every week and ask him (her) where your share of the foreclosure money is.
i know, I know, it takes time. But after reaming somebody’s ass, you’ll feel better.
FDCPA Fair Debt Collections Practices Act, dummy.
That woman got her title back, now she should demand monetary damages and tell the FED to pay her back every payment they pocketed over the last 30 years with interest.
There is no paper trail poppy. This is the financial sectors fraud business model and they used it to rob us out of GAZILLIONS of our wealth. Now the investors want to steal our property. This is all about destroying private ownership of anything for the peasants they created. These investors are communists who want us renting and paying them to rent everything we paid for. They control everything we pay for with their fraud investment schemes.
As CNBC said a while back. Wall Street does not own anything and they are not selling anything.
OBAMACARE is more investor fraud communist b.s. that will give them a cradle to grave revenue flow from the diseases they create in their laboratories. These are not the people we want prying into our personal lives. Gerry Willis of FOX Business said today that OBAMACARE will mean the end of our privacy. Everything about us will be in an electronic data base. That will be their medical device registry and that will include the microchip in everyone. That is not only diabolical and maniacal control freak b.s. it is illegal because it is so deceptive. These politicians are investors and are compromised. They are forcing acceptance of something that has the capability to destroy our personal security and do us permanent harm. It is like opening the door for an axe murderer to come in and rob and mutilate you and your entire family. OBAMACARE is robbery by the very psychopathic investors who put all of us in this predicament and it was all intentional. Their scheme is clear. The more they steal, the broker we will become and that will make us more willing to accept totalitarianism. I for one, don’t cooperate with terrorists.
http://msfraud.org/yes-its-true_i-got-my-home-back.html
@ ForThePeople
Oh yes, I have learned a great deal communicating with others. newenglandblonde@yahoo.com anytime…I have a boat load of paperwork.
dot…dot…dot… how appropriate that Mars attacks is being rerun again….
I have the thirteen questions on a pdf if anyone wants them sent to them. Shelleystotalbodyworks@comcast.net I will see if someone can turn it in to something I can transfer to this site without it being pdf..
These are the people who need to be asked 13 questions…..
#1…. Why are you so greedy?
Maybe these 13 illuminati bloodline families know those secret 13 Questions..
1.) Astor
2.) Bundy
3.) Collins
4.) Dupont
5.) Freeman
6.) Kennedy
7.) Li
8.) Onassis
9.) Reynolds
10.) Rockefeller
11.) Rothschild
12.) Russell
13.) Van Duyn
Or…the Merovingians (the European Royal Families)
Or the top 13 families and the Morman leadership (Moriah and the Mormon leadership)
Or the interconnected families…
Disney – uno de Los Mayores Enganos de Todos los Tiempos
Disney
Krupp
McDonald
Read all about it here..
http://www.bibliotecapleyades.net/bloodlines/index.htm
What country did you go to for your “loan” UKG…that your “loan” was funded with foreign money….? The U.S. Taxpayer’s funded all of the loans to the FED in the U.S.. The ORIGINATION FRAUD means the FED….A FOREIGN CONTROLLED PRIVATE CABAL OF INVESTORS defaulted on their loans they borrowed in our names to the U.S. Taxpayer’s. Foreign & Domestic investors funded the ponzi scheme, not the loans.
and what the fock are the 13 questions?
from my copy of the Wisconsin UCC….
please note number three below
403.305 Defenses and claims in recoupment.
(1) Except as stated in sub. (2), the right to enforce the obligation of a party to pay an instrument is subject to the following:
(a) A defense of the obligor based on any of the following:
1. Infancy of the obligor to the extent that it is a defense to a simple contract.
2. Duress, lack of legal capacity or illegality of the transaction which, under other law, nullifies the obligation of the obligor.
3. Fraud that induced the obligor to sign the instrument with neither knowledge nor reasonable opportunity to learn of its character or its essential terms.
4. Discharge of the obligor in insolvency proceedings.
now check your own copies
the terms of my loan did not disclose that the bank would fund my loan with foreign money, buy multiple forms of insurance on my dime, force me into default by manipulating my interest rate upward, and service me into foreclosure to line their own pockets by buying my deal “short”.
did yours?
I am coming to conclude that Ian is right. It’s all fraud.
Ian, they never secured the collateral lien because they never lent anyone any money. These debt collection practices are illegal. These banksters are terrorists.
hman- the Fair Debt and Credit Recovery Act governa debt collectors. (FDCRA). Sorry dont have a good link. Try Cornell lawschool link.
please send me the entire list of 13 questions also. Shelleystotalbodyworks@comcast.net
hman- no, believe it or not , a debt collector cannot collect more than they paid for the loan. it has already been charged to zero on someone’s balance sheet. Thiis is why they are pretending to be collecting on behalf of some mysteriou entity for the full amount. This is the fraud, everything else that is done is done to support this. Period. The debt collector has a receipt or agreement for ‘servicing rights’ when in actuality, they are passing your payments to NO ONE. Because there is no one. Just the servicer, or debt collector, lying to you and me by pretending to be collecting the full amount of your ‘mortgage’ when they are entitled to pennies
hman….these aren’t debt collections. This is grand theft larceny by our communist enemies both foreign and domestic. Nothing they are doing is legal.
@Ian
I knew you were just kiddin’! 😉
Bottom line—poor people need a voice…and that includes all the people that were recently MADE poor by this financial terrorism.
OK here’s one. I am dealing with Nationstar. They purchased loans from Aurora. I pulled the disclosures up on Edgar and it reads;
“WE completed the asset acquisition in June 2012. Pursuant to mortgage loans with a total unpaid principal balance (UPB) of approximately $63.7 billion, as measured as of May 31st,2012, $1.7 billion of servicing advance recivables, as measured as of May 31,2012. The aggreagate purchase price was $1.96 billions.
Does this mean that these loans were purchased for substantially less? and can a debt collector collect more than they paid for a loan?
So now the liars are calling each other liars.
FOX Biz anchor says it’s hard to believe Madoff because he is a liar but said nothing derogatory about CHASE. CHASE minions obviously had a hand in this scam and knew what Madoff was doing because there are SEC filings by CHASE that reveal this.
Wall Street is a vipers nest and so are the banks said Madoff in the FOX BIZ interview….No question CHASE is guilty. CHASE had to know what they were up to. Major Clients were made aware of fraud circumstances.
Must watch interview coming up on FOX BIZ….Madoff points the finger at some of his clients in a FOX BIZ exclusive interview from Federal Prison in North Carolina.
Coming up….FOX Biz interviewing Bernie Madoff about the crooks at CHASE.
OBAMACARE needs to be abolished. Besides the robbery and hijacking of our Treasury by these communists and the fraudclosure scandal there is no bigger threat to our peace and Security than OBAMACARE. If OBAMACARE does not get abolished we will all be at the mercy of these communist investors. We need access to AFFORDABLE PRIVATE HEALTHCARE…..Socialized medicine is going to lead to mass suffering of the American people by these nazionist investor control freaks who want to kill most of us and have openly admitted this.
@carie- I was just kidding. I know what is going on. I was subjected to dual tracking in 2007 which is how I found this website. And I have saved all my direct emails with ANONYMOUS from way back when. It just didn’t seem right- that’s what Led me to look. I feel like renting a public hall, putting an ad somewhere , inviting the local judiciary, lawyers, displaced homeowners, and. standing up, telling them all what is happening a d having a 10 hr question and answer period. Howzat sound to ya?
@Ian
NONE of it “don’t hardly seem right.” It’s all a load of crock that we are just supposed to “accept”…we will never accept it.
Donald Rumsfeld on FOX BIZ said, for decades we have been battling against the communist ideology. Rumsfeld said what we are up against is more like the cold war and the White House refuses to even acknowledge it.
Smells like Nazionism. They are the epitome of evil, always sneaky and always rob their victims and then blame their victims. They will never reveal their true identity or tell you what they want is complete control of everything and everyone. They are the evil masterminds of and TGE investors in this latest scam. Know them by the lies they tell.
Poppy I believe I am dealing with the same type of situation you are describing. Are you open to communicating?
thing is – they cant get rid of the stink, it is ON THEM wherever they go.
carie: in 2011 I received a default notice/foreclosure from my servicer naming xyz bank NA as trustee for ABC trust. Assigment to the ‘trust’ was done via an allonge. (not legal). The entity assigning the note went out of business in 2008. The entity authorizing the assigment went out of business in 2009. The allonge was fabricated for foreclosure purposes, as it is not part of the note filed in the courthouse prior to that point. So it is obvious that the servicer is hiding the true creditor, which is themselves. They probably paid 1500 bucks for my defaulted, paid off, charged off, insured note. And i am paying them $1787.00 per month. Why somehow it don’t hardly seem right, now, does it?8
Christine- that’s great. love it
@ Charles- correct
There’s an annual contest at the Griffith’s University, Australia, calling for the most appropriate definition of a contemporary term.
This year’s term was ‘political correctness’.
The winning student wrote:
‘Political correctness is a doctrine, fostered by a delusional,
illogical minority, and rapidly promoted by mainstream media, which holds forth the proposition that it is entirely possible to pick up a piece of shit by the clean end.’
E. Tolle here is were people make the mistake because the Note and debt are different from the Note and securitiy instrument (mortgage, deed of trust, security deed). The Note and debt are on a Federal level in UCC 3, but the title does not prove one has possession of the debt.
If you sold the Note and never had the title re-assigned does no mean that the title holder is the “holder in due course” because the Note is sold to another. It fine it a state want to say the title allows the Note automaticially, but that does not change the fact that you must own the debt. I believe it not being explained to the judge that party X did not shell out any monies at all.
So what to prevent any one from preparing a Note and security instrument filing it and that it? You must have the right of ownership, by having a financial interest in!
@Charles Reed, you said, “If it explained to the judge the logical manner in which a Note and the debt must at all times be connected because apart the other does not exist. If there is no Note there is no debt, and if there is no debt their is no Note, and the Party claiming a debt due must possess both!”
While you’re technically correct, that’s not happening in courts across the land, and specifically in MN and AZ, that’s not state law. Those two states have ruled totally the opposite from Longan, allowing the splitting of the note and mortgage. They’ve made a mockery of federal law, determined to foam the runways for the bankers with our bodies once again.
Do not forget they also switched a lot of the original account numbers from the mortgage origination/note.
Each case is different and I can only share what I am seeing in my case. Everyone has to travel their own path to get results. Mine is contract law and not property law, so either way the fight continues. And in my case we are 4 months out from the statute of limitations on the debt. At this junction it is treated the same way as a credit card in NC. Trying to push them back, if we can.
Mr. Garfield the link to the OCC’s 13 questions has been disabled, can you publish it here for us. Thank you.
I agree with Charles Reed, this is property law and it is much more complex than a credit card bill. It is not only unsecured debt because the banksters failed to create their own Securities and decided to default on the contracts and gamble and destroy our Securities. These are Securities Frauds. The Issuer, the FEDERAL RESERVE BANKSTERS misrepresented what they were selling to every entity imaginable and still are. What the crooks are selling now are investments in their nation of renters scam with our destroyed Securities. All of the debt collection agencies are working for these sheisters crooks at the FED. They are all criminals and this is all about control by theft and the FED are way out of control because they are commies who are imposters and felons who have hijacked everything, even the IRS… They are now pleading the fifth.
Yes, IMHO, you will; never get the so called “propriety” paper trail.
As for the servicer and such, my paperwork does suggest, very strongly, there is a ruse here and no one seems to be catching the act. Just like the substitute trustees. Many of them have investment companies (your deed is in their portfolio) and they are not working directly for the lender…many have bought the debt, in their company name and use “certain” attorneys to pursue the homeowners. They are working completely outside the “mortgage contracts” and using a counterfeit note as evidence of the debt…I know this, as I have seen it and am in the courts with some of this behavior. That’s why I am posting this here. There are a lot of variables right now. It seems to me, you have to really know your case, otherwise they trick you and the judge.
Poppy you getting to types of collect function (credit cards & mortgages) that are different animals. Now I think that what Neil is suggesting is a bar to high in obtaining evidence I feel you don’t need or would be almost impossible to get, but there are enough blank Note to bring the banks to their knees.
If it explained to the judge the logical manner in which a Note and the debt must at all times be connected because apart the other does not exist. If there is no Note there is no debt, and if there is no debt their is no Note, and the Party claiming a debt due must possess both!
I’m going to get slammed for this, but if the debt was purchased by a servicer/debt collector on the face it appears right. Maybe rethink this. The question is the amount paid, what losses are you claiming as the debt collector and from what? Are you the servicer or a debt collector, they are not the same. If you bought the debt for $1500 and you have collection fees that all you get in this court.
Are we all assuming that the servicer is somehow connected to the lender? If so, that is not always the case. If the servicer is connected to the lender there must be a loss payee, hence the trust and investors, they should have a paper trail. If they bought the debt outright, it changes the whole line of questioning and the case.
There are in fact two different types of servicers and whom they do or do not represent matters. Actually, some of the debt collectors are calling themselves servicers, hmmmmm?
Ok so they foreclose right. Why not produce the right paperwork to prove ownership, if not dismiss case and let us go on with our lives. someone please explain?
Well surprise, surprise….! FOX Biz reporting he FEDS may be going after SAC Capital billionaire Steve Cohen just like John Gotti for racketeering with “securities.” Fox guest said the RICO ACT may be overreaching and may not be successful but could bring a lot of money to our (hijacked) Treasury Dept. What a freaking load of crap. Forget the Federal Prosecutors where is the U.S. STATES ATTORNEY PREET BHARARRA? Is he tied up and locked in the basement of the DOJ?
How about Steve Cohen was racketeering to gain unjust enrichment with our Stolen Securities that Wall Street destroyed by committing massive Securities Fraud…?
“Where is the law that says the servicer doesn’t have to tell you the name of the real creditor?”
Has it occurred to anyone here they do not know? Because they do not work for them or have any contact with the original lender….the scam only works if the lender distances themselves from the servicer/debt collector, many times one in the same.
The banks/lenders got tax exemptions for the losses (if there was any) and they cashed in on the insurance, accounting ledgers reflect that, so the fraud was buried…and that’s why the short sales are showing up as foreclosures. All slight-of-hand…fuzzy accounting.
Then you have the transporting/sales of the copies of your “note” as if real, for pennies on the dollar, to a source of collection, even after the debt is written-off, paid-in-full. IMO, it’s what I see in my paperwork…I have changed my strategy with the servicing entity and so it goes, round and round.
@ carie
I have 3; Carrington (the only buyer of ALL servcing platforms for New Century), Select Portfolio and Ocwen…all in 2007. A long story, but the paperwork says it all and we have it. Just waiting for the scum-bag lawyer to file again, as the federal judge tossed the case.
carie right Neil there no way your going to get all that information, but as I keep saying with Ginnie Mae you put the servicer on the defense because they are in possession of the blank Note and its their burden of proof that they paid a sum of money because its a fact that they don’t purchase this debt.
It time for the OCC to grow up as it will be their personnel on the line for not knowing as Treasury and the GAO have called all them basically idiot taking up space.
I have submit back to the OCC what was started before the Apr 2011 and that was the “No Standing” and I notice that what would have come back in least than a week some BS answer from the bank that would very distracting in the modification and what the lender did during all that BS, it was laying out a story solely about from day one when the loan was locked, until the final insurance payment was paid.
He is one thing that even a moron understand is why and how can an alleged $202,400 balance get paid $429,095 form foreclosure sale, settlement insurance and VA insurance. However if Wells Fargo is not the lender as they confessed in a letter, they who were they collecting all that money for?
Now this is not to say for a fact that the OCC absolutely gets it but when that followed up by other asking who can this be, it not some BS statement from a person off the street simply giving a statement that not based in law. To much attention was given to the modification and not to what exactly the laws were and are.
It now three weeks since I reopen the claim, and I sure that they have to address each law I stated was broke, and each documents and its dates recorded plus a lack of a name on the Note in its current state after 3yrs from the foreclosure. There is no explanation for a foreclosure to have a Note that has a blank endorsement!
Exactly, Poppy—only THEIR name ( the servicer) appears on the 1099A as “Lender”…so they are claiming the loss…no one else. Period.
Government condoned fraud on a massive scale.
@ carie
It is my opinion only, the reason they will not disclose the creditor, is they are not working for them or on their behalf.
My new attorney deposes the frauds on the fraud assignments. Not one deposed fraud has proven anything for the banks. They all have proven fraud and fraud assignments. This is telling.
The “uncured default” rich..that default generated billions in insurance payouts…we can nix that. Under that scenario, there is no loss.
No trust, no loss for investors…let’s get to the real truth, debt collectors. Have they purchased the “note” and a phony ledger, amortized to show what would have been payable…probably. Counterfeit documents to show a “payee” any payee, with inflated fees and interest, YUP.
A servicer takes payments guided by the PSA for investors, the trust. If there is none, who are they collecting for? Tell me again? In most cases the lenders have been made whole. The servicers are out on a limb, trying to collect on a paid-off debt. They are the hanging fruit. I will bet everything I own, they are not working on behalf of any bank. IMHO only…sue them and keep filing until they cry Uncle. The lies do unravel.
There is no default when the bank has breached its contract, by modification fraud, reliance esttopel correct me if wrong. Flat out fraud also. My attorney told me to stop making payments once the bank had committed modification fraud. The bank now claims they never approved the modification, however the bank was careful to tell me by phone they sent modification coupons for me to pay and I have proof I paid them, then received a letter disqualifying me after doing all the bank asked of me and calling in the payments by phone with proof of payment on my checking statements. This was done to many of us across the US. The literally using the HAMP program to lure us into a manufactured alleged default. Turning our mod payments into partial payments and attempting to foreclosing. and in some cases bullied some homeowners into foreclosure. Look up Estoppel law . Ultra Vires law. Now Chase claims they never received a payment past the last regular payment. With hard copy proof of WAMU/Chase serviced at the time draws out of my account. These banks count on bad judges enabling the crime and stealing the houses easily. It sure looks like many judges are seeing the public exposure and turning the tides against the frauds. I pray for all of us. Fight to keep your homes. Send this article to your lawyers.
“This means getting all the information from the “trustee” of the REMIC, copies of the trust account and distribution reports, copies of canceled checks and wire transfer receipts to determine payment, risk of loss and the reality of whether there was a loss.”
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Really, Neil? Do you EVER get all that? No. Never.
You said: “Either there is money due from the borrower to the servicer and the real creditor or there is not.”
Bingo. There is no money due if real creditor is never identified, and the servicer will NEVER identify a “real creditor”.
The servicer says: “You are being foreclosed on due to your uncured default.”
And when you respond to that with:
“Uncured default to WHOM? WHO is the REAL CREDITOR?”
The servicer says: “I don’t have to tell you that.”
Where is the law that says the servicer doesn’t have to tell you the name of the real creditor?
We need to start suing the servicers…which are actually the big banks. Maybe that will break them up. All the people who were kicked out of their homes need to simultaneously sue…or join a massive class action.
The OCC are the conservators for the investors/politicians and all of the credit & investment fraud by their criminal investor friends here & around the globe…Screw these commies.