What to say about BOA

13 Questions Before You Can Foreclose

foreclosure_standards_42013 — this one works for sure

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My partner, Danielle Kelley, Esq.  was in a hearing for the simple purpose of enforcing a modification agreement that had been approved by Bank of America. In typical style the bank was now saying that the homeowner was not entitled to a permanent modification even though the client had satisfied all of the terms of the trial modification. You might think this should be easy and you would be right.

Sometimes it is good courtroom strategy to show your exasperation with the system, with the court and with banks that are so arrogant that they think that they can continue to violate court orders, consent decrees, laws, rules and regulations.

Here is part of what Danielle wrote to me shortly after the hearing:

 At the hearing against BOA on an old case of mine and Bill’s [William Gwaltney of GGK] today I moved to enforce settlement. They actually agreed to a trial payment with my client in writing at mediation 2 years ago. The Judge granted the motion and wants a hearing in 60 days on the arrears (which he agreed my client isn’t liable for), sanctions and fees. She made her payment post-mediation and they sent the checks back. I gave him the Massachusetts affidavits from the BOA employees.  The Judge looked shocked. Opposing Counsel argued the Massachusetts case had nothing to do with our case.
Judge said “Mrs. Kelley how about I enter an order telling Plaintiff they have so many days to resolve this?”  I said “with all due respect your Honor BOA hasn’t listened to the OCC and followed the consent order, they haven’t listened to DOJ on the consent judgement and they are violating the AG settlement. I can assure you 100% they won’t listen to this Court either. Once we leave this room we are at the mercy of BOA actually working with us and their own attorney nor this court can get them to.  Their own attorney couldn’t reach them yesterday or today.  My client was to send in one utility bill two years ago. She sent it the day after mediation and they’ve sat and racked up two years of arrears and fees. This court has the power to sanction that behavior under rule 1.730 and should because this was orchestrated. The Massachusetts case is a federal class action which includes Florida homeowners like my client. It says Florida on the Motion for class certification so it does matter in this case. This was a scheme and a fraud.  It was planned and deliberate”. 
Opposing counsel wanted to start the modification process over because the mediation agreement said “Upon completion of the trial payments Defendant will be eligible for a permanent modification”. Opposing counsel said “just because they meet the trial payments doesn’t mean they get a permanent mod.”  I said “under the consent judgment they better” and told the judge we were not going through the modification again, my client had already been approved. He agreed and said that the trial would become permanent and ordered BOA to provide an address for payment. He told opposing counsel that the argument that a trial period wouldn’t become permanent wasn’t going to work for him.
I love the 14th circuit. I talked to a potential client last night in Santa Rosa county briefly (giving him to Danielle G) who said the judges in Pensacola are pro-bank.  But in between here and there its different. He said he hired Matt Weidner (who referred him to me) because he couldn’t find an attorney in North Florida who did foreclosure defense. There is a great need from here to Pensacola and in the smaller counties like I was in today you can actually get somewhere.
She was pro se at mediation but that agreement is a blessing. Now the banks won’t even say impasse at mediation. It’s always “no agreement”.   But they’ll tell you to send in documents the next week only to say they didn’t get them. Now after those affidavits [in the class action in Massachusetts] I see why.

81 Responses

  1. They are all a cabal of fudge packers.

  2. Ocwen is buying the rights to service all the Deutsche Pools. Deutsche as Trustee is still livid from the FDIC deal. This was clearlypolitical patronage, and DB ended up with teh short end of the stick.

  3. Logic should tell you upon discovery of their criminal fraud with our autographs you are well within your legal rights to tell the courts you refuse to be a party to this crime spree. You demand everything they stole and hijacked back with monetary compensation and clear titles. That is what the law says about this.

  4. iwantmynpv- on Default Serviving News site yesterday I saw that Ocwen is paying OneWest a couple billion for MSRs on couple hundred billion of ‘mortgage loans’. Also saw Fitch stating they are currently rate 1280 RMBS. But from memory, Moody’s rated over 45,000 RMBS/MBS. Where’d the other ones go? Can you report back on these items? Thanks.

  5. @ Carie – Indymac Venture, LLC is a single purpose entity that was established to take control of all the Indymac Federal Bank, FSB loans (the FDIC operated INDYFED for six months until Obama gave his donor-buddies are reward in 12/2008.

    The Indy deal was a club-deal between IMB Holdco, LLC and the private self-funded insurance company (the FDIC). in the end IMB Holdco through its subsidiary, One West Ventures, LLC. recapitalized the loans held on the FHLB of San Francisco’s balance sheet.

    IMB put up 1.3 billion, for MSR’s and the former Indy’s right to over-collat tranche and collection tranche in all the pools it sponsored.

    All the loans were transferred to INDYFED, which they allegedly contributed to IndyMac Venture, LLC. The FDIC received a participation interest in the loans, and IMB Holdco received the sole interest in IndyMac Venture, LLC.

    This is called a Silo Structure, which allows the real parties to be shielded from lawsuits and also continue with plausible deniability.

    All the cash flow passes back the limited partners, Silar, Dell, Soro’s and also the General Partner – the Trusts set up for Steve Mnuchin’s kid Dylan –

    What we should be asking – why is it morally incorrect for Fannie and Freddie to give borrower’s principal reduction on loans – but they forgave 7 billion in losses on the contractual and implicit recourse / put-backs to Indy?

    The Federal Home Loan Banks, FNM, FRE and GIN are all giant slush funds that provide off-balance sheet financing to the member banks under the guise of liquidity and balanced credit markets.

    They are merely a tool that allows US Financial Institutions to spread the risk to the taxpayer – as we evidenced in the INDY deal. IMB Holdco takes the losses on the Indy Loans, while being paid from the FDIC.

    Finally, through creative accounting and pushing short-sales One West has achieved that magical threshold to have the FDIC cover losses.

    The entire scam interconnects governemnt with lenders (alleged) at every stage of the process – so what Eric Holder really means is; I can’t lock em up – because I would also have to indict the scummy politician I just broke bread with – whom clearly understands the consequences of letting the people deleverage prior to the banks!

  6. The FED is no more than a T.RANVESTITE B.ROTHEL T.RADING F.RAUD….THAT IS WHAT TBTF REALLY STANDS FOR…THEY PRETEND THEY ARE A BANK AND PRETEND TO LEND & USE OUR TREASURY DEPARTMENT TO ROB US OUT OF EVERYTHING….THEY ARE CROOKS DISGUISED AS BANKS….! GIVE US BACK WHAT YOU STOLE YOU CROOKS!

  7. Ms. Kelley,

    You are to be congratulated on your quick logic and truth in response to that Court.

    As you and others likely are aware, in debate between the Executive and Legislative branches, Eric Holder [AG of the USDOJ] testified before Congress stating that the the government basically acknowledges the (your same) argument and logic…. but those banks are basically “too big for trial” !!!

    I believe, and I am sure you do, that such statement is more than just disappointing, but might (in a positive take) signal a call to action by our citizenry.

    To that I pose the following:

    We are all led to understand that the principal theory of consumer bankruptcy in America is that it provides a “fresh start” to debtors, …as the United States Congress created title 11 (the Bankruptcy laws) to set forth certain rights to which citizens are legally entitled.
    The “invasion” of those rights is an injury in and of itself.
    Accordingly, since the Office of the United States Trustee, significantly being a component of the United States Department of Justice to oversee the bankruptcy system might well stand to answer for the AG statement for the USDOJ.
    A thought: under 42 USC 1983, when the necessary elements are present, but then ignored by those trustees, acting under title 11, in individual bankruptcy cases all across the county; would they not be subject to disclosure of accurate facts and also for any liability that needs redress, since the “too big for trial” entities are not subject to concern of prosecution?
    ….Question has been posed.

  8. That is really low MS. Threatening Neil with a Grand Jury indictment for speaking the truth and allowing us to express our views. You might think you are on the safe side of this crime scene but it is you who are clueless. If your don’t get it by now you are hopeless. Sorry to say this but you will be asking God for forgiveness one day for knowing the truth and denying the truth to try and save your own ass. That is not what America is about. In America, we stick together no matter what.

  9. It’s all about the counterfeiting. As long as the FED can keep printing money for themselves and handing us their bills the robbery will not stop. The Bank of International Settlement/Central Banking System/Federal Reserve Bank is nothing but a very sophisticated gambling operation. We fund their operations and they hand us their failed bets and their bills for their lavish lifestyles and their never ending party off of our backs.

  10. <—– Never requested anything and signed nothing. Denied everything, made not admissions, requested demand payoff letter from creditor/RPII and proof of claim. pffft….

  11. Oh Good Heavens now I know why I drove our attorneys to the edge. We wanted to pay what we owed less bogus escrow fees and legal fees to correct the misapplied payments and correct title by court order (only way to do it). … Good Greif! No wonder they wanted a loan mod so bad. I kept telling them …. there was no hardship except the one they created. I suspect that would not pass the hardship qualifications test, but they got that admission … (verbal or in writing) recog? I kept telling you all … I could not force the money down their throats and now I know why. They knew they could not deliver to us anymore than they could reverse the cdos without all going BK. So they hid what they did by blitzing out the loans they bet to fail/ had put into default .. at all costs. Time to step inside the freezer again … Hot Flashes.

  12. masterservicer, on June 15, 2013 at 12:50 pm said:
    well well well, get them all riled up and filled with lender hatred ,,,,that’s right ! Forget the fact a guy in long beach gets $165,000 cash for keys (long Beach) and another $450,000 credit (Walnut Creek)
    The $450,000 credito was against a $650,000 Value and another $50,000 Cash for keys (No Cal) and another $3,000 cash ,,,,Yes $3,000 cash ….after one and a half years….and the keys back to home.

    * Attack BofA employees that’s right (boiler room contractors )
    * Attack Bof A modifications (The sold the loans for Christie Alleys sake)
    * How can u modify a loan or be culpable for bogus mod’s if you SOLD the loan .

    I was one of them and can tell you – YOU EVEN KEEP THE EMPLOYEES IN THE DARK
    NG – Your setting yourself up for a prep walk before a GJ with the damage you caused this industry…and to my effort …..
    Survey says – The editor is clueless

    registerclaims@live.com

  13. They offered, the call come…. I accepted, I tendered. They accepted tender. Derecognized . Complete. OK… now lets talk about the title. Under the Note (by contract) what are they supposed to do after all the payments have been applied? Please release meee, let me gooo … I love that song. And I love sunshine!

  14. Options characteristically exist in one of two forms:
    Call options, which give the beneficiary the right to require the grantor to sell or convey the property to them at the agreed price on exercise
    Put options, which give the beneficiary the right to require the grantor to buy or receive the property at the agreed price on exercise.

    Because options amount to dispositions of future property, in common law countries they are normally subject to the rule against perpetuities and must be exercised within the time limits prescribed by law.

    In relation to certain types of asset (principally land), in many countries an option must be registered in order to be binding on a third party.

    Read more: http://www.answers.com/topic/option-contract#ixzz2WJGbIgaE

  15. How many names can you imposters fabricate to try and legitamize these frauds…?

  16. Just so a commercial for some guy running for office in this State. He said he is an everyday citizen and the Government is broke.

    MWAHAHA…..

    Either he is A.) a liar or B.) badly misinformed. Either way he does not qualify to be janitor.

    NEWS FLASH…This is not our Contstitutional Government …imposters have hijacked the country and they robbed us. Therefore, everything is rigged and that means voting too.

  17. Plus clear titles.

  18. Local Media in Chicago reporting…. FORMER BOA EMPLOYEES ALLEGE THEY LIED TO HOMEOWNERS….

    Well, well, maybe we are finally going to start getting some honesty here.

    MS you are falling off the wagon.

    Show me the evidence this debt exist.

    I did not give them permission to racketeer and gamble with my Securities and that is the bottom line.

    You can try and chop it up and sell it any number of ways but they lost track of ownership of the instruments and the law is very strict on that issue.

    Bottom Line, these are OUR SECURITIES and they failed to exercise ordinary care in the paying and taking of the instruments.

    What that means in everday language is they have no legal authority to collect any money or property from us and they owe us every payment we sent them.

  19. A derecognized debt is uncollectable. However may be collected in the form of taxes, Ins and maintenance as required by the state. Speaking of the State and AG settlements… Escheat! Time to go back to Quiet Time. MS.. says no testimony in BK. … I say MS talks a lot in Quiet Time. I like MS! 🙂

  20. A payment on a derecognized debt is a reconfirmation of the debt AND RECOGINIZES IT . A reconfirmation of the debt …. well ……has the same effect as a new contract.

  21. @MS

    “MASTER DEED of TRUST under a single Lender Mers Corp”

    Hmmm….guess that’s why the foreclosure mill answered my FDCPA letter with;

    “MERS was your original Lender/Creditor”…

    Say WHAT???

    Riddle me this, oh Masterservicer—why did they tell me Deutsche (who was the MBS trustee only) was my CURRENT Creditor/Lender in order to foreclose…yet the servicer (OneWest) is showing the LOSS on the 1099A?

    (I know I’ve asked this before—I just want to see MS’s take on it…so please don’t harrass me;))

    What say ye, oh Master?

  22. “…Promises to pay past debt no longer legally enforceable are binding if in writing . That’s what makes these ventures Bankrupt insulate…”

    I like that one, too…anyone know about IndyMac Ventures, LLC…?

  23. If it has been Derecognized It can not be recognized without a new contract. No Signature = 0 🙂

  24. “…But the creditor must admit in court he is representing ONLY the note. Therefore if the note is dismissed …what is it a holder is allowed to foreclose upon ? NOTHING”

    BINGO!!!

  25. MasterServicer says… Neil and others on this site do not believe me. “ I say I believe you, the demand letter and the dates make perfect sense.

    https://inform.pwc.com/inform2/show?action=informContent&id=0902113203146632

  26. nothing more than………feelings…….
    yer crackin’ me up

    Douglas, good luck with that.

  27. @ UKG ,

    re: old business .. that dealer has modified their advertising and added disclaimers for all 3 points my claim was on (and it isn’t small ,, just about $250k)… they still haven’t published the disclaimers on the website that they direct people to that supposedly is the repository for the fine print ,, also clearchannel comm is on the hook too as I have them on tape stating that their legal doesn’t screen ads submitted by established long term advertisers.. seeing a lawyer Monday that just got a $5M judgement against the local auto dealers association for cheating their sales teams by padding the costs of used cars bought at Mannheim to reduce the commissionable amounts…

    LOOKING GOOD!

  28. Stars and Straps –

    There are no instruments, they were destroyed when they cashed the checks

    Stripes Chill …..nothing meant for you to take person to person …sweet dreams are made of sleeze….LOL hey just kidding

    But trust me I was one of them and there is nothing I cannot tell you …if your like most and the editor here – you wont listen.

    [1] You say – There are no instruments, they were destroyed when they cashed the checks

    There /was /and /will be an instrument – Option contracts ? The notes were not destoyed (physically maybee) but survive through Mers Corp – They were cashed -Nope! Tendered ….Wellllll …if you want to say that but….commoditized ….yes and valued as a liquid assets held on exchanges …..yes …..do you understand what I am saying ?

    Your promise is binding and with consideration …and your lender is begging for you to raise the correct claims ….dying to assist you ….and you fail to see the lite in favor of the fight. Promises to pay past debt no longer legally enforcable are binding if in writing . That what makes these ventures Bankrupt insulate …Peace no hard feelings (….nothing more than feeelings …fellings ….)

  29. Useed car guy is living a lie – your better looking than the Dos Egress guy. LOL

    In BK I have had three US BK Trustees have their attorneys call me – stating their clients are innocent . Statute of frauds expired …I said what fraud …what ? I won’t testify in BK Court . Will Not !

    However , the claims in Bk are not for the value of a whole loan asset . You can dismiss the creditors obligation and the credior is left to enforce the lien . But the creditor must admit in court he is representing ONLY the note. Therefore if the note is dismissed …what is it a holder is allowed to foreclose upon ? NOTHING

    This is what I explained as somthing akin to the Trustee strong arm power and lien stripping . I ALWAYS SAID TO CONSIDER The Note is exchanged for the interst in the household….I SAID TO CONSIDER where the deed is exchanged for a depositors account . CONSIDER the default is held against the pledgor as a default claim by bond holders.

    registerclaims@live.com

  30. BTW masterbater…just a friendly warning…practicing the black arts is dangerous. You never know what a demon will get you to do. Little lies one day…lead to a tangled web of lies and deceit and human sacrifice is always the ultimate goal. Never trust a demon.

  31. What is your malfunction….? You were obviously not loved ever. There are no instruments, they were destroyed when they cashed the checks and racketeered with my Securities without notifying me of the Alterations to the contract. I authorized them to cash the check and pay back what was owed, nothing more.

  32. KC In the lending industry, a deed of trust, or trust deed, is a type of secured loan used to purchase real property.

    One deed of trust —one deed —-one states foreclosure laws —the 51st state ! No longer a state issue for jurisdiction. MASTER DEED of TRUST under a single Lender Mers Corp

    Its late in the game to be learning this …Real late .

  33. STRAPS on said – llinois is a lien theory state where the title stays with the property owner/

    OH AH WELL LIEN THEORY ……REAL ESTATE COURSE 101 LIEN THEORY LIEN THEORY LIEN THEORY ….wHAT IS YOUR MALFUNCTION SON …WERE YOU NOT LOVED AS A CHILD ,LIEN THEORY ,,,,HOLY HORSE SHOES

    ….borrower covenants under a uniform instrument held for national jurisdiction [use]

    ….NON UNIFORM COVENANTS ….for local recording purposes only!

  34. The trustee failed to do their fiduciary duty KC…..that is a criminal act I do believe …..

  35. I like fat ricky’s pizza…tastes like grandmas homemade pizza…NYC has nothing on Chicago Style pizza …and I’m not talking about that farce over deep dish….Chicago Style thin crust is the bomb…bomb..bomb..bombardier….!

  36. The trusts never existed KC…..they broke the circle of trust…..therefore they committed enough felonies to send most of them away for life.

  37. In the lending industry, a deed of trust, or trust deed, is a type of secured loan used to purchase real property. A trust deed is almost identical to a mortgage loan in function and in structure, except that the former relies on an intermediary third-party to act a trustee, where the latter does not. Unlike with mortgage arrangements, where the lender holds the title to the property, the trustee, or fiduciary, is the physical holder of the property title until the borrower pays back the loan in full

  38. I like El Pollo Loco. 🙂

  39. Illinois is a lien theory state where the title stays with the property owner and the mortgage secures the debt…HOWEVER….only if there was no conversion or transfer of ownership of the original instrument. In that case, the legal assignment is the security instrument. Once the note is cashed it cannot be converted into something else without our being notified of the change and consenting to the change to the original contract.

    If we were not notified of the ALTERATION the Issuer/Originator is committing numerous felonies…

    SECURITIES FRAUD

    COUNTERFEITING

    FORGERY

    RACKETEERING

    UNAUTHORIZED USE OF THE DIGITAL SIGNATURE

    CRIMINAL NEGLIGENCE

    FRAUD IN THE FACTUM

    UNJUST ENRICHMENT

    BANK FRAUD

    INTENT TO DECEIVE

    ABUSE OF THE PUBLIC TRUST

    OBSTRUCTION

    GROSS NEGLIGENCE

    FRAUD IN THE ESSENCE

    EXTRINSIC FRAUD

    UNAUTHORIZED INDORSEMENTS IN BLANK TO GAIN UNJUST ENRICHMENT

    MONEY LAUNDERING

    INTENT TO DEFRAUD BY ENTERING ALTERED DOCUMENTS

    FALSE SIGNING

    FRAUDULENT INDUCEMENT

    MAKING FALSE STATEMENTS ABOUT FALSE BANK ENTRIES TO COMMIT BANK FRAUD

    CONCEALMENT

    FRAUDULENT CONVEYANCES

    UNLAWFUL USE OF A SIGNATURE DDVICE

    COPYRIGHT INFRINGEMENT

    FRAUD IN THE SALE OF SECURITIES

    TAX FRAUD

    MAIL FRAUD

    WIRE FRAUD

    CRIMINAL CONSPIRACY

    ISSUING AND DELIVERING ALTERED DOCUMENTS

    POSSESSING ALTERED DOCUMENTS WITH THE INTENT TO ISSUE AND DELIVER ANY SUCH DOCUMENTS IS UNLAWFUL USE OF THE DIGITAL SIGNATURE

  40. The grant deed is a trust deed and no trust exists.

  41. In ILLINOIS THE WARRANTY DEED HAS 3 GUARANTEES:

    THE GRANT DEED ONLY HAS 2…

    MOST IMPORTANTLY, THE WARRANTY DEED ….THE GRANTOR WILL WARRANT AND DEFEND TITLE AGAINST THE CLAIMS OF ALL PERSONS

    #1….I have no knowledge of these persons…

    #2….there is no legal lien recorded.

    #3…..the owners title policy protects my title from fraud

    #4….there is fraud all over my title

    #5……I am the only party who ever held legal title to my property

    #6…..in Illinois the assignment must be recorded in said county where real estate is situated in no more than 30 days from the closing.

    #7….I never sold my property to anyone.

    #8….The Secretary of State must be notified of a lien on title and any and all transfers regarding real property.

    #9…..There are no UCC FILINGS THAT I HAVE EVER BEEN SHOWN ANY EVIDENCE OF.

    #10……I have never saw an actual Grant Deed only a copy of a paragraph of a property description with my forged initials and the numbers were Altered from what the Warranty Deed States.

  42. all the trailing assignments, the unindorsed notes, the failure to deliver, the CDS triggers, all say: DERECOGNIZED. Extinguished. Blammo!

  43. I like it when he gets riled up. MS and I go way, way back. We’ve had our little tiffs, but the education he gave me was priceless. Yeah, I know, man, I ripped ya a little bit. But you have the big guns.

    And yes, folks, he wants to get paid to shoot bankers.

  44. Behave MasterServicer!

  45. WELL THE JIG IS UP MORON BECAUSE the grant deed only transfers what the grantor owned if anything.

    ****brilliance ****** genius ********brainchild *****you have it !

  46. Not disclosing the Note as the Security

    survey says WRONG ! NOLO; FAIL

    THE DEED IS A NOTE . (you think I am making this up…Hell; you would not know what to do with the facts if you had them )

  47. WELL THE JIG IS UP MORON BECAUSE the grant deed only transfers what the grantor owned if anything.

    GRANT DEED:.
    http://legal-dictionary.thefreedictionary.com/grant+deed

  48. this BK appeal is the ruling that the borrower (aka “maker”) of the note can’t contest a fraudulent endorsement

    IF THE NOTE WAS ENDORSED -THERE IS THE FRAUD . LIKE NIEL SAID A WHILE BACK “..aHHHHHHH, dUHHHHHHHH hMMMMMMMMM aHHHH…”

    CANNOT….REPEAT ….U CANNOT ENDORSE AND INSTRUMENT THAT WAS DE-RECOGNIZED . MWAAAAAAAAAHHHHHHHHH! [MAKE HIM STOP NG PLEASE ] MWAAAAAHHHH

  49. Without the assignment the former and the latter are a nullity. Null & Void…

    WRONG MWOOOOOORON A GRANT DEED IS SENIOR TO THE ASSIGNMENT!

  50. you gotta know when to hold ’em, know when to fold ’em, know when to walk away and know when to run. You never count your money when your sittin’ at the table there will be time enough for countin’ when the dealins done…-lyrics from the Gambler, Kenny Rogers

    http://www.lyricsfreak.com/k/kenny+rogers/the+gambler_20077886.html

  51. “….no right of rescission on a purchase money mortgage.”

    BINGO -YES YOU GOT IT

    PS ANOTHER SALE STOPPED TODAY …

  52. Why does WF send a check for my insurance and then stop payment on it

    ONLY THE TRUSTEE CAN PAY THE INCIDENTAL TAXES AND INSURANCE PROVING UNDIVIDED OWNERSHIP OF THE TITLE (You still non get brother)

  53. so part of this BK appeal is the ruling that the borrower (aka “maker”) of the note can’t contest a fraudulent endorsement. Uh, excuse me, judge, ever hear of the UCC?

  54. COLLECTION OF AN UNLAWFUL DEBT IS A CRIMINAL ACT…….read all about it here…
    http://www.gambling-law-us.com/Federal-Laws/rico.htm

  55. Not disclosing the Note as the Security

    …. Borrower is the person signing at the end of this note, successors and assignees.

    That means I was made a debtor, including our children and grandchildren if they reside on the property.

  56. and KC< no right of rescission on a purchase money mortgage.

    and MasterBaiter, EXPOUND. and ENUNCIATE. With proper punctuation too, please. Many are not privy to the loans/lines/stock/bond/cash story.

  57. KC, always enjoy your perspective. Many ignore the UCC when it is actually an integral part of the defense. .

    So riddle me this, why does WF send a check for my insurance and then stop payment on it? Naturally, I covered the policy premium. But did they finally realize this case is a loser? I don’t think so. Just a ploy to try and show the homeowner in a bad light if he doesn’t insure the property? No motion to lift stay after 110 days (fraud suit waiting for our return from BK court, going on 2 years now) and the Fed Dist. judge re-unified the case (overruling the BK court) against the two sets of defendant banks and law firms. From the order: “The (Debtors) filed adversary proceedings against all the above-named defendants; moved to prevent attorneys from Gray and Associates and Litchfield Cavo from appearing in the bankruptcy proceeding (my note: as we alleged they were parties to fraudulent acts); and filed a complaint seeking to have the bankruptcy court determine the validity of certain debts and accusing parties of fraud. Nonetheless, because the two matters are so intertwined, as stemming from the same order, the Court believes that consolidation is appropriate.”

    My counsel says they won’t give up. I say they’ll look to settle to keep the bad BK ruling on the books (like they did in “Edwards”).

    I love chicken, too. Fried or barbecued, preferably. Unless it’s Sunday, then roast chicken is appropriate.

  58. Without the assignment the former and the latter are a nullity. Null & Void…finito..stick a fork in it its done like a Christmas goose and a Thanksgiving turkey…

  59. I think out loud to much sometimes, and I like my chicken fried. ~~~Waves~~~~ UKG

  60. KC and the Sunshine Band: once the note is contaminated with errant endorsements, it’s a void instrument. how’s that grab ya?

  61. and as for BofA-Countrywide loans, defenses to those claims are too numerous to mention. RE:Kemp and others.

  62. Stan baby! What’s happenin’?

    Susan B., how right you are! Government preaches “modification” to slow down the foreclosure train, not stop it. The only advantage to taking that modification is when it says “You are re-affirming the original documents associated with this loan.” Okay, great, that eliminates the securitization trustee, the servicer, all the intermediaries, and re-unites the originator and the borrower. Can’t have it both ways! Now all those origination counterclaims can be brought, IF you preserved the SOL. Yes, folks, that is the secret weapon if you had origination, appraisal, or application/asset/underwriting fraud. Modification station. Then, when you sue them for fraud, they claim that the HAMP was a “settlement”. Excuse me, but, uh, we didn’t settle, we were simply defrauded again, yerrronnnnner! These people had no agency to modify anything! They don’t even own the loan! Or the mortgage!

  63. The mortgage and the promissory note are two different instruments and they must accompany each other.

    The mortgage is simply the security agreement which you signed fraudulently because they failed to disclose. Read 15 U.S.C. §78c Section 10; your promissory note is a Security. Its not a promissory note. A promissory note can not exceed the life span of nine months. You have a thirty year note. [So] Its not a note, its a security.

    When you hear the word ‘security’ Wall Street ought to pop up in your head because that’s where they buy and sell ‘securities’. In selling your ‘security’ where’s your cut? Where’s your dividends? Where’s your interest from the money they’re making?

    So that in and of itself allows you to cancel the security agreement for failure to disclose, which is a violation of Regulation Z. It is also a violation of the Code of Federal regulations 12 CFR §226.23 which gives you the right of rescission, and 12 U.S.C. §226.23 Appendix H shows you exactly what the right of rescission letter needs to say. It gives you the particular verbiage you should state.

    It does state that its not applicable for mortgages. Except in case of fraud. Fraud vitiates all contracts.

    If you know the Uniform Commercial Code (UCC) the funding source belongs to the signer but they don’t disclose that to you.

    The promissory note has no validity until you sign it.

    The funding source to the promissory note is exclusively to the signer and since you’re the only person that signs it its your note.

    UCC §8-102 tells about the entitlement right to the funding source which is your signature.

    When you get a copy back others have signed and its been notarized, but, after you originally signed it any further markings are material alterations to your instrument.

    You’re the only one that signs and initials these documents.

    Its your signature! You have a right to rescind it for fraud.

    Don’t rescind the promissory note.

    Rescind the mortgage agreement (because) that’s the security agreement that allows them to evict you.

    If you cancel the mortgage they have no standing to bring you to court.

    I told a client to reverse the IRS Form 1099 A, mark it corrected, listing the mortgage company as the Borrower, the client as the Lender and send it back to the mortgage company and to the IRS.

    [The IRS will investigate and track the source of the funds back to the home buyer.]

    You could have them give you clear and quiet title of your house, return your down payment and all payments made and interest on those [payments and down payment] and on your original escrow and collapse the bonds they built on that.

    That’s better than going after a multi-million dollar lawsuit because they will leave you alone.

    The National Currency Act Sections 27, 28 & 53; Banks are not allowed to loan their own credit nor are they allowed to loan money because, who’s money are they lending you? They can not lend you their depositor’s money so where’d they get the money from? [they got it from you.]

    A FINCen 101 is a filing that you suspect a felonious act is being conducted either by corporations and/or government without reprisal to yourself.

    A 3949A form is where you are asking for the CID of the IRS to come in and do a full scale investigation of your complaints.

    A SF95 form indicates a criminal complaint on a corporation or the government that, I have been injured and damaged and looking for resolution.

    The 3rd and 4th clauses of the 14th amendment states that if one perjures their oath of office they are fired on the spot and forfeit all pensions and salaries. Perjuring ones oath of office is also an act of treason.

    Conference call 2/8/2009 from talkshoe.com AIB RADIO available at lawlearners.net off line recordings

    “Begin with the mortgage contract. You signed a limited Power of Attorney which authorized their Fiduciary things that they are doing to you. When you signed the promissory note you walked away from the table. You didn’t get a receipt for it and you walked away from your loan check. They didn’t say; ‘Oh wait a minute you didn’t sign your loan check’. You signed the limited POA which allowed them to sign that check in your stead without notifying you. That contract was unconscionable, see UCC Article 2.”

    “You need to rescind your signature because its fraud. Most mortgage contracts do have a three day right of rescission. Fraud is the exception to the rule. 12 CFR §226.23 and U.S.C. 12 TILA 226.23 Appendage H allow you to rescind your signature, request your payments back, your interest, taxes and upkeep. Once you rescind your signature you also need to cancel the mortgage contract which is your tenancy agreement. Your mortgage contract is a security agreement that allows them to come and foreclose on you, which makes them think they have a right to evict you because you told them they could. But since you were not aware that you did that the best thing for you to do, since you’re the only signer of the contract, is to rescind your signature. Its your signature! Take control of it! Once you rescind that signature they have no standing in court.”

    You do not want to rescind your signature on the promissory note because its a negotiable instrument. Once you get it back you can put it in the bank and write checks off of it.

    The National Bank Act specifically states that banks can not hold a note, period.”

    If you read the first line on your promissory note ‘in exchange for this loan’, what loan? You got up from the table, you left the loan check and the promissory note and you don’t have a receipt just because they shoved some keys in your face. But when you filled out the application you applied for a loan and if they’d given you your loan check because you were approved, you don’t have sense enough to sign the note and pay for the property. That’s why they stole it. Because they never wanted the property paid for. They never wanted you to know the property WAS paid for.”

    They signed the check “for you”/in your place and, based on the fraud/lack of full disclosure, that’s identity theft. See Title 18 U.S.C. Section 656; Bank Embezzlement.

    [Rescind your signature on the mortgage contract/security agreement NOT on the loan application

    because that’s what they take to Treasury to get the money, put it in escrow, then fractionalize it (multiply it by at least 10), then they “loan” you one of those ten. They’re loaning you your own money! Then they want you to sign as a debtor to ‘pay back’ the ‘loan’ of which you are the actual source. Its fraud! There are several frauds committed within that contract and you can multiply that into a multi-million or even multi-billion dollar lawsuit which you would win in court, but you may not be around to enjoy it. So settle for getting title to the house and your payments back with interest.

    Their failure to disclose that your promissory note is not a note but is a security constitutes lack of full disclosure covered in Regulation Z of the Truth in Lending Act which gives you the right to rescind your signature. Its fraud and fraud vitiates all contracts].

    Question; “What if you did a refinance and actually got money back. Does that make a difference?”

    “There is no money. What money did they give you? Was the contract based on the lawful money of the United States? No. If they gave you a check, there is no money, checks are debts instruments. Federal Reserve Notes are debt instruments, because you can not pay a debt with a debt. When did you get the money? They still owe you. A debt is an IOU. So when are they going to pay you? You could contest the loan because #1; There is no money. The US went bankrupt in 1933. In order to begin with Federal Reserve Notes you’re committing an act of fraud because the Constitution clearly states what the lawful money of the United States is. Now if you know what the lawful money of the US is seems like you would take the lawful money of the US to satisfy that debt and most people are not aware that you can do that. Why don’t you take a silver dollar and offer to discharge [actually pay] the debt?” (You could also buy a one dollar United States Postal Service money order, which is backed by gold/lawful money, and use that to lawfully and legally pay a debt. See Article 1 section 10 of the Constitution).

    Caller: “You mean if we walked into the foreclosure and say we just want to pay it off with a silver dollar we could?”

    “You make the offer. Once you offer to pay and they refuse, its been paid. That’s the law.” UCC §3-603. [To refuse the lawful money based on the Constitution of the United States of America is an act of treason.]

    Once you file the IRS Form 1099A of abandonment it puts an estoppel and an injunction for any future claimant to take your property.

    Conference call 12-27-8 at talkshoe.com – remedies in commerce

    You have to accuse them of constructive fraud because if you just accuse them of fraud its hard to prove. Telecommunications fraud, mail fraud, (actual fraud, constructive fraud, fraud by conversion, fraud by inducement), etc., and because each has a separate account you can move it up to eight times the amount. Its 3 times the amount under the initial fraud but any subsequent charges are eight times the amount (multiplied exponentially).

    ‘Brokenwrench’: Look under the newest rulings on negotiable instruments which state that a mortgage promissory note is a non-negotiable instrument if it has a security agreement with provisions that are not included in the set certain sum of the fees over the thirty years worth of taxes, upkeep and insurance on the property and does not disclose that amount then its a non-negotiable instrument and any judge who executes on a non-negotiable instrument is commercially liable for any damages that the home owner suffers at the hand of the court.

    Greg: The credit is there. Your debts are prepaid and all they’re going to do is ledger it for you [HJR-192].

    Under Title 31 U.S.C. §3113 you can gift a negotiable instrument to the Treasury to set off the debt of anyone owing any portion of the National Debt.

    When they are billing you without providing a check to pay with they are obstructing bankruptcy. Whoever is bringing the liability has to bring the remedy. They know when you put “ACCEPTED FOR VALUE” on the bill and they fail to provide the check to pay with they’ve deprived you of your right to exemption.

    BW: Take it a step further; write, accepted for value and returned for value in exchange for settlement, closure and zeroing of the account. If they are still trying to collect from you send them an affidavit of Zero the Account. Please correct the error of your records. Then say; I’m the one who’s assessing the value of the taxes and my records show that you owe me money. Where is my benefit? Photocopy it and send it to the Inspector general of the IRS.

    BW: Why do you think they give you a blank copy at closing of the entire paperwork?

    You’re supposed to take it to your notary, sign it all over again and file it into the court in 48 hours.

    Caller: They did not tell me that.

    BW: Then they did not give you full disclosure.

    At the beginning of foreclosure if they do not offer you the right to rescind your signature (and) you’ve got four years to do it. If you do a rescission of signature, send it to the judge and he enforces it anyway, then you do a RICO complaint on his bond.

    Greg: Send a copy to the Insurance Commissioner of the criminal complaint and that puts distress on his bond.

    He becomes uninsurable.

    BW: Public Policy in a Federal US court of appeals ruled on Title 31 U.S.C. §5118 to date in conjunction with the negotiable instruments and New York Guarantee versus Henwood, that since 1977 debts could be extinguished dollar for dollar with any legal tender. But since 1977, since legal tender is not in circulation at par demand for payment of debt is against Public Policy since legal tender was not loaned they can not demand payment in any [specific] form of coin or currency or legal tender. Only a negotiable instrument that re-presents the credit.

    UCC §3-603; “If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender…”

    ORS §81.010 “Effect of unaccepted offer in writing to pay or deliver. An offer in writing to pay a particular sum of money or to deliver a written instrument or specific personal property is, if not accepted, equivalent to the actual production and tender of the money, instrument or property.” (the latter here operates via the rule of Para Materia in any State.)

    Greg: When they bring a liability they have to bring the remedy. All you’re going to do is use the original credit to satisfy their judgment. We are the original issuer of the credit. If they fail (dishonor) to apply the credit you can [then] issue a negotiable instrument. UCC §3-603 is when you tender payment and they fail to return/refuse for cause they’ve breeched the instrument and the tender, then they’ve agreed to the instrument and the tender.

    [UCC §3-603 says if they accept your tender its “paid” and, if they reject your tender its “paid”]

    ——————————————————————————–

    NOTICE: j.markbettis@gmail.com, and other mentioned entities are not affiliated with Freedom School.

  64. If the link is blocked you can google it.

  65. NUMBER OF FORECLOSURES FALLING NATIONWIDE ACCORDING TO A FEBRUARY 28, 2013 REPORT FROM CORELOGIC….APPROXIMATELY 1/3 OF HOMES NATIONALLY ARE OWNED OUTRIGHT…..

    Well not if the robberbarons of the world have their way. They will tax us out of our homes if they cant fraudclose and whoevers left they will probably gas them out of theirs.

    http://blogs.star-telegraph.com/dfwjobs/2013/02/number-of-home-foreclosures-falling-nationwide-corelogic-report-says.html

  66. Hey MS I think you have that ass backwards…..they need to send us their NOTICE OF DEFAULT FIRST….!

  67. Lou Dobbs of FOX BIZ said tonight…… the FED are doing a great job…the real problem is the Politicians and their fiscal policy.

    Really Lou?

    The FEDERAL RESERVE BANK….A PRIVATE BANK…WHO ARE IMPOSTERS TO OUR CONSTITUTIONAL REPUBLIC…WHO WERE CREATED AND FRAUDULENTLY INDUCED BY CONGRESS ON DECEMBER 23, 1913 VIA THE GLASS-OWEN BILL WHILE THE AMERICAN PEOPLE WERE DISTRACTED BY THE CHRISTMAS HOLIDAY…..? THE FEDERAL RESERVE BANK WHO ARE AN ILLEGAL COUNTERFEITING RACKET WHO STEALS OUR WEALTH UNDER THE GUISES OF CREDIT LENDING AND MONEY PRINTING…. AND INVESTS IN THEIR OWN FRAUD AND BUYS IT BACK WITH OUR STOLEN WEALTH FOR PENNIES ON THE DOLLAR……? THE SAME ASHKENAZI CONTROLLED FEDERAL RESERVE BANK WHO HAVE HIJACKED OUR TREASURY DEPARTMENT AND HAVE BEEN ROBBING US OUT OF EXISTANCE SINCE 2008 BY RACKETEERING WITH OUR STOLEN WEALTH AND HAVE BEEN BUYING BACK THEIR OWN FRAUD WITH OUR STOLEN WEALTH TO THE TUNE OF $60.4 TRILLION DOLLARS ……..!

    I liked you Lou. Remember when you got the boot from CNN for telling the American people THEY GOT ROBBED & YOU DON’T UNDERSTAND WHY THE PEOPLE AREN’T MARCHING IN THE STREETS….? Well that was then and obviously pretty recently the commies got to you and now you are a BIG FAT SELL OUT….! How many millions did they give you to sell that BIG LIE? Enough to retire on comfortably while the rest of humanity goes to hell in a handbasket?

    I am officially done putting an ounce of faith in any media people.

    They are all the scourge of humanity.

  68. June 14, 2013

    Attorney At Law

    Your substitution is recorded as of the day of the seven year anniversary after adjusting for the loan origination 8 to 10 days of prepaid interest. The lenders problem is that dual tracking is obvious as of the date of the recorded substitution of trustee.

    The recording falls on the anniversary of the bond holder seventh year (6+1) and the fact the mortgage was derecognized under generally accepted accounting principals (GAAP).

    Now the mortgagor is to believe he is in default when in fact the foreclosure appears timed to a Due on Date as shown in the Notice of default.

  69. PLEASE!!!

  70. BOA are imposters; fictitious payees who are engaging in illegal debt collection practices against WE THE PEOPLE.

  71. ANSWER HIS PHONE CALLS, NEIL!!!

  72. BOA is going to conue unless you return my phonecalls. I am a disabled combat veteran with a BOA loan. I have left 14 messages.
    Stanley Putra 262 672 2543

  73. Writing in all caps is sure to correct this state of affairs and return to people their house…

  74. My whole life determining the difference between Right and Wrong has always been easy … the biggest decision in circle time is deciding what book to read and encourage follow up questions.

    I took my own advise and I kept asking questions and I did not like the answers. Because this leaves me in a position of not knowing what is Right and Wrong anymore.

    I will be back and let you know when I figure it out. Because I know there has to be more choices than the lessor of two evils.

    God Bless You All and I Wish You All The Best of Luck in your Journey.

  75. “Tortured good people” is RIGHT…like that guy who died in court because he was forced to fight THIER BS screw up—they ruined his life and then KILLED HIM. Just one of the many.

  76. RIGHT ON, SUSAN AND BIJAYA!
    IT’S ALL A COMPLETE FRAUD—INCLUDING MOD FRAUD.
    DAMAGES AND THE TRUTH IS WHAT IS NEEDED. PERIOD.
    QUIT COVERING UP!!

  77. I agree with Susan

  78. WHY IN THE NAME OF GOD WOULD ANYONE FIGHT FOR A MODIFICATION AFTER ALL WE KNOW OF WHAT THESE SO CALLED BANKS DID TO HOMEOWNERS ALL OVER THE WORLD. THESE BANKS NEED TO GIVE BACK EVERY SINGLE CENT OF MONEY THEY ROBBED, ACTING WITH TRUE MALICE. THEY HAVE TORTURED GOOD PEOPLE AND SOME KILLED THEMSELVES OVER THEIR HORRIFIC ORDEAL WITH THE BANKS. DAMAGES TO HOMEOWNERS ARE THE ONLY RULINGS THAT JUDGES SHOULD BE CONSIDERING AT THIS POINT.

  79. So even you are going for a mod
    Not worth the paper they are written on
    1867 carpenter vs Logan
    It is all unsecured debt
    Where is the correct enforcement of perfected title
    Any deed issued after 1997 beware

  80. Tear this corrupt system down.

  81. When are you going to return phonecalls?
    Stanley Putra

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