“Finding” a Loan in Trust Doesn’t make It True

Here is a guy with whom I am exploring an association because he understands the truth and dynamics of securitization of debt.

Just Because Bloomberg or ABSNet Shows The Loan In A Trust, Doesn’t Prove The Loan Has Indeed Been Securitized.

There is a common presumption that I often hear and need to explain to clients / attorneys, which is…..”the loan was obviously securitized because it shows up in (Bloomberg / ABSNet.”) The fact is, this evidence doesn’t really prove anything. It’s actually hearsay if anything at all. The data that appears in either Bloomberg or ABSNet is the internal accounting  provided by the servicers / master servicers to the trust investors. BUT…are the loans really there or are they just a mirage? The proof that the loans were indeed “securitized” into the trusts requires the proper documentation (assignments / endorsements / Trustee and/or Custodian Receipts, etc.) per the trust agreements (PSA’s.) The only thing the Bloomberg or ABSNet data possibly proves is “intent” to have securitizeed the loan(s.)

92 Responses

  1. I second that!

  2. “Deliberate cruelty is unforgivable.”
    Anyone know what movie that’s from?

    Strange and sad how a certain someone here equates kindness, patience, and compassion with needing to “grow up”. Of course, you wouldn’t show kindness to someone who was treating you horribly, but being unkind to everyone does not mean you are a “grown up”.
    So glad I don’t live in her sad, grumpy, cruel, unloved world.

  3. Nice journal post. I simply stumbled upon your data processor and needed to mention that I actually have genuinely enjoyed reading your data processor posts. Any approach I’ll be subscribing to your feed and that i hope you article once more presently.

  4. Not local enough for my taste… What do you do when there are problems associated with the paperwork? When you want to sell? When the banks f*%$’s up the accounting?

    Somehow, it seems to open a whole new can of worms… Call me distrustful.

  5. Just heard this-
    Someone got their loan from India and a decent interest rate
    Ill try ti find out more

  6. Visa’s patent for a Universal Value System. Look at all the countries it touches and involves. We’re on the brink of a world currency, whether we like it or not. It may be that the paper differs from country to country for now. The VALUE seems to be where the effort is focused. What if it is the beginning of the plastic currency worldwide…?


  7. So much is right in this world. What was important decades ago no longer is. What was impossible now is. The old paradigm is gone. Time to create the future we want. Believing it is creating it. And it doesn’t have to be finite. Creation is limitless. Potential is limitless. The future doesn’t depend on banks or oil. It depends on… people!

  8. Neider,

    Joke aside, everything Tessla and Faraday (among others) were working on and big oil industry and banks purposely occulted because, as JP Morgan put it “If I can’t put a meter on it, it will never see the time of day” is back out. Start doing research and every developed country has variation of free energy engines.

    I really believe we’re very close to doing away with banking, wars and pollution.

  9. Christine ,

    That’s pretty funny … maybe you and our JohnGault can work on an engine that runs on “atmospheric electricity”.

  10. oops. Invention here.

  11. Know why we’re in such a big mess? Oil business is seeing the end. Thank Gawd those inventions overseas are back by taxpayers’ money! Ain’t gonna happen here… Oh well! One more thing America lags behind in…

  12. So another way of making my point
    A surveon says you need your right leg amputating you ask why it says because i know the circulation is bad i read the angiogram report and you have a blocked vessel higher up and we cannot get around it. so patient digns for surgery. after the sugery comes to pass that the surgeon acted on another docs info of the report by word of mouth but that dic got it wrong he read report of a different patient with similat name and similar circumstances. So the wrong leg was amputated so patient ends up without a leg to stand on ( sorry an atty toldme that joke). Well you get my point – reliance -and patient was harmed it is a public duty fir appraisers just as for a doctor, or a nurse for that matter.

  13. So TU
    Hence the appraiser must be held to account. No appraisal for value over loan amount – no loan
    Because – you relied on it

  14. Shelley
    Thats the part i do not get and is the point re we are all in this together if we want to get our real oroperty rights back
    See thatguy that bought from one west thought he was getting a real nice house for cheap he knew it had been a foreclosure but he did not know it was subject litigation
    They thought i would be put out if my misery and long gone -well
    No so. Imagine if the real law were applied at my appeal – we have a stcky situation. That house is still mine by law and i aim to get there.
    So whats the insursnce – trusttes deed upon sale is recorded on behalf of fidelity and ftom there the plot thickens even more.

  15. EULE,

    From what you’ve asked this is what i have as an opinion.

    The actual check changes the entire transaction. The transaction can be traced from beginning to end by the movement of that check.

    1. The real party of interest is known, it is the one who ‘actually’ loaned money, and actually provided consideration. It’s not money created out of thin air, it’s not investors, it’s not credit.

    2. If there is a default, the lender will own the property based upon the terms of the agreement. So if they give you 30 years to pay it back but say if you miss one payment you forfeit the property and it doesn’t mention a refund of the money put in or like some stores have, a restocking fee when you have a product for a while, they keep some portion back when they give a refund, then you’ll be paying ‘rent’ until you own it and can lose everything if you miss one payment. Economic crisis, bank shut down like it did in Cypress, job furlough like some companies have done, any interruption in your money getting to him and the home can be his.

    3. Most cases had been won because there was no one who was familiar with the transaction. Most people signing documents in front of a notary has no evidence of the accounting, were not in the room when there was a ‘meeting of the minds’, etc.

    This lender is closing all the holes and you’ll have no recourse if it goes bad, not to mention credit report if he can report, if you dispute and he shows the full accounting according to GAAP requirements, then the ‘stigma’ would stay for the number of years it would stay, and he doesn’t have to write it off, he can sue in court and get a judgement in his favor.

    Let’s just say, this transaction falls out of Equity into Common Law.
    Two living people under a contract and if one harms another causing a loss of right or injury, the one causing the harm can be sued and forced to provide restitution.

    This is a situation that once you sign on the dotted line, you as an adult will be presumed to know the terms of the contract and understand the offer, have accepted, and know that real consideration (the value of the property) was provided at the creation of the contract. There will be no argument of fraud, deception, I didn’t know what I was signing, they didn’t loan any money, they didn’t file an assignment, they didn’t disclose the hidden side of the transaction, pooling and servicing agreement stuff won’t count. Debt validation is not required because the check will be evidence of the debt. If you file bankruptcy, the one who wrote the check would be a creditor that has to be satisfied, so bankruptcy would not allow you to keep the home if you filed.

    In other words, all the arguments that worked in the past will no longer work in this transaction.

    Wish you well,

    Trespass Unwanted, Creator, Corporeal, Life, People, State, Independent, In Jure Proprio, Jure Divino

  16. Deb,

    Agree. And it can’t happen as long as people get hung up on an old paradigm of “us v. them” while considering that “them” is everyone that is not 100% “us”, born and all. This country manufactures enemies out of anyone who doesn’t cave in to its every whim, doesn’t agree with it 100%, intends to resist and stands for what he believes in, definitely doesn’t believe that this is the navel of the world or even the standard everyone should live by or think through, and pretty much dares to say “buzz off!”

    Think of the insanity of systematically calling into question anyone’s citizenship just for expressing different views and placing America into its proper geographic and historic context…

    As far people becoming united, it’s going to take something huge! The whole country is dysfunctional to the core.

  17. STu Hulsan does not tell you about Schedule B in the title insurance policy that exempts the title company from liability for any un filed assignments in the county records or un filed liens, which makes the title insurance basically worthless. Therefore no one is being insured against this theft of property by fraud assignments. Not the new owners for sure.

  18. Whoops- prosecutions. Better get that word corrected.

  19. Well exactly no serious inquiry that could lead to prodecutions
    Similarly – the atty g.s collective efforts and rusk consultants.

  20. Christine
    The important thing is this
    Know thyself and where your power lies
    As a nurse there are times i have wsnted to be very rude but i need my job to do what i need to do
    I adk myself what would it serve if i shot my opinion off right here right now, like in court of law … Words must fit the occasion to serve the highest good for all . Ill pick my battles because i know what is worth confronting. My freinds know where i draw my line – boundaries, so Yes i thInk you may appear rude but it does it bother me – no because it serves to analyse what your message is,
    Thats what im saying but you definitely have the chutzpah and its better by far than nicey picey.
    As for a American women i find they are no different from women the world over. In our lines of work its how you relate/ or dont.
    I deeply wish for there to be more ” we are all in this together get it” i believe it will happen because the alternative does not work.

  21. http://www.washingtonpost.com/blogs/wonkblog/wp/2013/09/12/this-is-a-complete-list-of-wall-street-ceos-prosecuted-for-their-role-in-the-financial-crisis/?tid=pm_pop

    This is a complete list of Wall Street CEOs prosecuted for their role in the financial crisis

    By Neil Irwin, Published: September 12 at 9:54 amE-mail the writer

    Five years after Lehman fell, taking the global economy along with it, a roll call of Wall Street CEOs serving time for their role in the crisis looks something like this:

    Thanks, Dangerz0ne.

    So, yeah. Zero Wall Street CEOs are in jail. But we did promise you a list:

    1. No one.

    2. LOL.

    3. Wall Street’s lawyers are amazing.

    4. Etc. Etc.

    It’s not that federal government tried to prosecute a bunch of them but lost the cases. There were no serious efforts at criminal prosecutions at all.

    Which isn’t to say nobody is in jail. There have been prosecutions of various mortgage brokers and other small fish who lied or encouraged clients to lie on their applications for a home loan. The crisis exposed some outright fraudsters who are now in the slammer, such as Bernie Madoff and Allen Stanford. And, yes, major banks have been working through billions of dollars in civil settlements for shady behavior in the runup to the crisis.

    But it’s shocking that for a crisis that drove the global economy off a cliff, caused millions of people to lose their homes and generally spread mass human misery to almost every corner of the earth there is no defining prosecution.

  22. Attorney for the Washington State Title association testifing in Wa Senate meeting in Olympia, admitting there are NO authentic titles for any mortgage in the entire state that are authentic. Telling the senators none of you will be able to sell your houses, you just won’t without passing SB 1435 to reconvey without authentic title. Every senator in Wa state voted yes.

    1 Below is a transcribed portion of a TVW video segment.

    2 Participants identified in this video segment are: Stu

    3 Halsan, Denny Eliason, Senator Benton, Holly Chisa, and

    4 Mr. Chairman of the committee.


    6 STU HALSAN: Thank you, Mr. Chair.

    7 Stu Halsan here now representing the Washington Land

    8 Title Association. And Ijust wanted to bring up a few

    9 things in response to what we just heard.

    10 This is not about foreclosures of deeds of trust. The

    11 talk about mediation and foreclosure counseling and all of

    12 that type of thing is totally irrelevant to this.

    13 This is not about anybody losing their home, this is

    14 about somebody wanting to sell their home. They want to

    15 get the documentation so that they can sell it. And this

    16 bill merely sets up a default system of notices and

    17 filings that can be used when the beneficiary lender and

    18 trustee don’t do what they’re supposed to do.

    19 You know, a lot of the stuff that you just heard –and

    20 I’m — Denny may not like this, but we’re dealing in the
    21 title industry with the environment in which we’re in.

    22 One of your last witnesses talked about securitization.

    23 Yeah, that — that probably is the problem that really is

    24 concerned with them; because Wall Street secured ties to a

    25 lot of these mortgages, packaged them up, they’re owned

    Vicki M. Sproat, CCR — 206-999-2020


    1 somewhere off here, and the collections are run by a

    2 servicing agent here.

    3 You know we’ve never required and this law doesn’t

    4 require an original note to be done in order to do that.

    5 We’re, we’re — the current statute doesn’t require that.

    6 We’re releasing collateral, we’re not releasing the note

    7 in regards to this.

    8 You’re not gonna to be able to change what Wall Street

    9 did with those securitizations of all these things. So

    10 we’re dealing with the situation on the ground how we’re

    11 trying to sell your houses. And if you start requiring

    12 the original note that has been gone through Idon’t know

    13 how many hands — but the collection is being done by a

    14 servicing company that we know — if you require that

    15 original note, none of you will ever be able to sell your

    16 property. You just won’t. And that’s my weak

    17 understanding of this thing. But this bill has nothing to

    18 do with the problems that really seem to have these

    19 previous witnesses worked up. We’re just trying to get

    20 these transactions through. \

    21 And Iwould remind the committee members, we’re title

    22 insurance companies doing closings. We do this closing

    23 and you sell your property, we’re ensuring the person

    24 buying it from anything that might be a problem there.

    25 And this bill only releases the lien. If there are any

    Vicki M. Sproat, CCR — 206-999-2020


    1 lawsuits or whatever that might come of transactions that

    2 they talk about or fraud, those can still be used. It’s

    3 just the property gets to be able to be transferred. All

    4 those other — all those other potential suits out there

    5 still exist, if in fact they’re there.

    6 So that’s my, you know, weak, perhaps, explanation in

    7 response what we’ve just heard . And I’ll defer to Denny

    8 and Holly .

    9 DENNY ELIASON: Good afternoon Mr. Chairman, honorable

    10 members of the committee. For the record my name is Denny

    11 Eliason. I’m here on behalf of the Washington Bankers

    12 Association. We are a trade association that represents

    13 95% plus of all the banks that do business in the state of

    14 Washington from the smallest of community banks to the

    15 largest of national banks. Thank you for the opportunity

    16 to testify regarding this legislation.

    17 Iwant to agree with Stu from the outset that a number

    18 of the objections you have heard to this bill relate to

    19 the foreclosure process. And Iwould remind the committee

    20 that over the last almost three years now there have been

    21 two major pieces of foreclosure legislation that have

    22 covered many of those issues. Both of those legislation

    23 were the product of over a hundred hours of negotiation

    24 with interested parties from all sides, including very

    25 reputable consumer groups who sat at every negotiation of

    Vicki M. Sproat, CCR — 206-999-2020


    1 those two bills.

    2 Irespect very much that there are still objections to

    3 the process, but the process itself as it exists in the

    4 state of Washington has been fully vetted. And Iwould

    5 submit fully addressed by nation-leading legislation as it

    6 relates to foreclosure.

    7 As it relates to this bill, last year the title

    8 companies came to us with this legislation and the

    9 assertion that in the tens of thousands of home sales that

    10 are closed every year there are occasions where financial

    11 institutions were not reconveying as they perceived we

    12 should be. We thoroughly reviewed the issue at the time.

    13 We did not object to the bill last year. When they

    14 brought it forth over the interim we reviewed the

    15 legislation again and did not object in any way to the

    16 legislation that’s before you. It’s aimed at fixing a

    17 scenario where a bank is not properly reconveying once

    18 they have received payment.

    19 Again, we reviewed the legislation, we provided input

    20 last year, we reviewed the legislation and agreed to it

    21 again this year, and that’s why it’s before you and

    22 candidly that’s why it had 95 signatures coming out of the

    23 House.

    24 This legislation has been thoughtfully and fully vetted

    25 by reputable consumer groups, by the title companies, and

    Vicki M. Sproat, CCR — 206-999-2020


    1 by financial institutions. The bill as it sits before you

    2 is, we believe, a thoughtful protection for borrowers who

    3 have paid off their — rightfully paid off their loan and

    4 now want them reconveyed. And that’s why we came to the

    5 table and agreed to it. It does establish additional

    6 burdens on banks; but, again, in those rare circumstances

    7 where reconveyance was not happening we were more than

    8 willing to agree, if you will, to the legislation before

    9 you.

    10 With that I’d be happy to answer any questions.

    11 MR. CHAIRMAN: Senator Benton?

    12 SENATOR BENTON: Thank you, Denny.

    13 It’s the way Iunderstood it when we first started, I

    14 think, but —

    15 In the legislation it talks — in Line 3, Page 2 — If

    16 the trustee of record is unable or unwilling to — unable

    17 or unwilling to reconvey the deed of trust within 120 days

    18 following payment …

    19 Ihave a problem giving somebody 120 days to reconvey

    20 the property after they have already been paid. Most

    21 escrows are — well, 60 days, some can go 30, some can go

    22 90 if they’re complicated. Business transactions for

    23 business enterprises they can go 120, but that’s pretty

    24 rare.

    25 Once payment has already been made reconveyance should

    Vicki M. Sproat, CCR — 206-999-2020


    1 occur very quickly, certainly within 30 days if not within

    2 two weeks, Iwould think. 120 days is, Ijust think, an

    3 exorbitant amount of time to provide a reconveyance deed.

    4 So I’d like to tighten that up. Because Ithink once a

    5 bank’s been paid, they should reconvey the title. End of

    6 story, right?

    7 STU HALSAN: Perhaps if Icould respond, Senator

    8 Benton?

    9 This bill is really a delicate balance. To get

    10 everybody on the same frame we just want the problem to be

    11 solved. We don’t want to get to a situation where the

    12 banks are opposing it because we’ve given them the rush,

    13 making them do something faster than — I’m sure some

    14 banks might have a bureaucracy but, you know — this —

    15 The time frames, yeah, it appears that they’re long;

    16 however, it is that delicate balance. We are satisfied

    17 with this. We will get rid of some of those things like

    18 the escrow association mentioned that have been sitting

    19 around for six years, and we’ll get rid of it in a timely

    20 manner. But if you start to tighten it up, you’re gonna

    21 be then making it so that not everybody is– that some

    22 people may feel they’re being taken by surprise and

    23 everybody’s interest isn’t protected. So it’s a long

    24 process, but it gets the job done.

    25 SENATOR BENTON: But 120 days is better than six years

    Vicki M. Sproat, CCR — 206-999-2020


    1 is what you’re telling me?

    2 DENNY ELIASON: Absolutely.

    3 HOLLY CHISA: Good afternoon, Mr. Sherman, members of

    4 the committee.

    5 For the record I’m Holly Chisa. I’m here on behalf of

    6 the United Trustees Association, and we also do support

    7 this bill.

    8 We actually had a conference call on this piece of

    9 legislation earlier in the week where Iasked our board:

    10 How do you feel? Are you okay with this? And they’ve

    11 seen these laws in other states including notable

    12 California, Nevada where we’ve had — they have had severe

    13 foreclosure issues.

    14 And for those circumstances where say you had a — your

    15 mortgage was held by a financial institution which was

    16 closed on a Friday — which Iwas one of those — it can

    17 be difficult to resolve out those legacies. And we are

    18 coming off the tail of an extraordinary number of years

    19 where an extraordinary number of financial institutions

    20 were closed and shuffled and we need a way to bring

    21 closure to the homeowner, which is the primary intent of

    22 this legislation is to bring closure. It may take 120

    23 days to get there, but at least it brings finality to a

    24 scenario as opposed to completely ending the moving of

    25 this bill, killing the bill. How does that benefit the

    Vicki M. Sproat, CCR — 206-999-2020

    — ——–


    1 homeowner? How does that benefit the homeowner with the

    2 six years pending who doesn’t get his home resolved and

    3 get his payment recognized?

    4 We’d rather see this bill move forward and resolve out

    5 this particular piece of issue. And for those of us who

    6 operate in other states we have not had problems with them

    7 — with this proposal.

    8 MR. CHAIRMAN: Does anybody have any questions?


    10 MR. CHAIRMAN: Well, it’s these bills that give me

    11 great amusement. Iknow that TVW has the camera on us,

    12 but — and Idirect these comments both to con and the pro

    13 side when Isee your reactions when certain people testify

    14 on a bill. Iwish Icould record it. It’s very humorous.

    15 But thank you so much for both sides, for testifying on

    16 this bill. Thank you, thank you very much.

    17 [**end of transcribed portion**]

    18 –oOo–








    Vicki M. Sproat, CCR — 206-999-2020



    2 Ihereby certify that the foregoing transcribed

    3 TVW video segment, located at http://www.tvw.org/

    4 index.php?option=com-tvwplayer&eventiD=2013031076#

    5 start=4699, was transcribed to the best of my ability.

    6 The transcription was provided at the request of

    7 Shelley Erickson.

    8 Dated this 3rd day of August, 2013.



    11 Vicki M. SproatfCCR CCR No. 3130
    12 206-999-2020














    Vicki M. Sproat, CCR — 206-999-2020
    Disclaimer !only the copy in pdf format can be used legally, due to changes can be done on word. This copy is just for exposure. Not an official copy due to it can be tampered with on word. Contact Shelley for the pdf and a copy from Vickie for cases.

  23. Has this thing been posted yet?

    Merritt v. Mozilo | The … judgments in favor of Bank of America and Lewis are REVERSED… In sum, the Merritts stated a cause of action for conspiracy to commit fraud against Bank of America and Lewis
    We conclude that this court lacks jurisdiction to consider the appeal as to Countrywide defendants and that the trial court did not err when it sustained the demurrers of First American and MERS. We also conclude that the trial court erred in sustaining the demurrers of Bank of America and Lewis. Accordingly, the judgments in favor of First American and MERS are affirmed and the judgments in favor of Bank of America and Lewis are reversed.

    Here is the court document: http://stopforeclosurefraud.com/wp-content/uploads/2013/09/Merritt-v.-Mozilo-CA6-H037414-Cal.-2013.pdf

  24. Deb,

    Have you notice that people call “rude” those who spell it like it is and don’t sugar coast it? I’d rather deal with a “rude’ person any day of the week than a nicey-nicey loose canon with a shot gun. Funny though: in my line of business, i meet people from every walk of life, every race, every religion and… only American women call me “rude”. 160 million v. 7 billions… Hmmm…

  25. Someone else just found religion… or did he chicken out because he knew half Congress wouldn’t confirm him? What with people contacting their reps left and right nowadays… those guys don’t feel so secure anymore either.

    Larry Summers Withdraws His Name From Fed Chair Job

    The Huffington Post | By Ashley Alman Posted: 09/15/2013 4:33 pm EDT | Updated: 09/15/2013 5:16 pm EDT

    “I have reluctantly concluded that any possible confirmation process for me would be acrimonious and would not serve the interest of the Federal Reserve, the Administration or, ultimately, the interests of the nation’s ongoing economic recovery,” Summers said in the letter. [Talk about hypocrisy! The guy knows damn well he’d be in a really hot seat!]


  26. Oh god christine i was raised to be ms nicey picey its cultural as you know where Im from howevr t I did not buy into it and had to leave – ( tongue in cheek)
    if you were to ask my freinds, my real ones that is , whether i was real with them they would say yes, there are times you have to say things that may initially hurt but for me to be in their genuine freind Then first i have to be my genuine self and say what i believe to be true – i think nicey picey is over rated also as in make no waves, but as uou said two ways of looking at that prefer ripple effect – now rude, definitely no need to get rude. I try not to, be rude. Thats diffetent to nicey picey.
    I prefer the word Chutzpah

  27. “…people whom know [sic] nothing…”

    Case closed.

  28. We should all be trying to improve life for each other. We are brothers and sisters. And leave the hate and greed behind. However there are narcissistic people whom know nothing but how to take for them selves and have no idea how to feel compassion for someone else..

  29. Yep. And religion is irrelevant as well. So, stop emulating the imbecile by posting the same kind of inflammatory all caps crap that does nothing to further homeowners’ cause. Case closed.

  30. You grow up. I agree we are all from one origin and race is not the issue. Does not surprise me. We did not just drop down here from the stars and racist and hate is unconscionable and ignorant.

  31. “Petty sure Bush and Chaney are white and I would not eat dinner with them.”

    Heard of that study by National Geographic a few years back? They took DENA from 2000 NY volunteers to retrace their origins. Funny: we all come from Africa. And DNA gives the entire lineage and which countries people migrated to and through. How? Simple: the one thing that puts an imprint on DNA is food. More specifically, grains. Corn, rice, wheat, barley, whatever. The staple of every human food. Grains. Geneticists retrace people going from Africa to Asia, back to Africa, then Europe, etc. Others when to the poles, stayed there for a while and returned to Africa via Europe of the Bering straight and America. The combinations are unlimited and the fearful morons who never moved from their continent despite wars, famines and what not are… the Europeans. The white folks!

    About damn time people got over that stupid race card! Look around you: white folks are becoming the minority worldwide. Young kids know it and don’t give a shit about race. They judge character.

    Grow up. John Wayne’s America is gone for good.

  32. Deb,

    Ever read “The price of nice”? What it says in substance was that the nicey-nicey American way is completely artificial and peer-pressure based conditioning to never, ever confront anything heads on so that the status quo is always preserved and no one in authority is ever compelled to change course or take action now, right this minute because taking action may destabilize the somewhat fragile equilibrium of society.

    Inother words, a serious crap load. Were I come from, “Yes” and “No” are full sentences that require no explanation, no excuse, no nothing. Here, it’s incredible the number of people who can’t say ‘No” without going through 2 hours of explanation. Always puzzled me… So, people end up being sick with all kinds of crap (HBP, diabetes, fibromyalgia, lupus and what not and they eat and drink themselves to an early grave.

    Here are just a few of the costs:
    1. Always being nice prevents people around you from receiving congruent feedback that would stimulate their growth. (By growth I mean gaining knowledge of oneself and others.)
    2. ”Nice” people often react with pain if anyone around them expresses uncomfortable feelings. They get angry, thinking others should have to be nice too. Or they feel hurt and confused if someone does not appreciate their niceness. Others often sense this and avoid giving them congruent feedback thereby effectively blocking the nice person’s emotional growth.
    3. With “nice” people you never know where you really stand. The nice person allows others to accidentally oppress them. The “nice” person might be resenting you just for talking to them, because really they are needing to pee. But instead of saying so, they stand there nodding and smiling, with legs tightly crossed, pretending to listen (lights are on but nobody’s home).
    4. You never know with a nice person if the relationship would survive a conflict or angry confrontation. This uncertainty of course greatly limits the depths of intimacy possible.
    5. Do you really trust a “nice” person to back you up if confrontation were really needed?
    6. Often people in relationship with nice people turn their irritation toward themselves because it is so confusing how they could be so upset with someone so “nice.” In intimate relationships this leads to
    guilt, self hate and depression.
    7. “Nice” people frequently keep all the anger in until they find a safe place to dump it, i.e., a child, a federal building to blow up, a helpless dependent mate. (Timothy McVeigh, the suspect in the Oklahoma City bombing is described by acquaintances as a very, very nice guy, who would give you the shirt off his back.) Success in keeping the anger in, will often manifest as psychosomatic illnesses (ulcers, back problems, heart disease, etc.)

    Yep. Where we come from, when we blow a fuse, we really do it! And then, it’s over and done with.

  33. Christine
    That cheered me up no end.
    The Irish are even more direct than the brits.
    Not sure if that approach will help at my stage of litigation, but not done yet.

  34. And for those who want to DO something, here it is. I’ve long stopped dealing with any of the corporations listed. Take a look and decide for yourselves.


  35. JAVA,

    Didn’t you say that you go to repo auctions? Take a look at this. It might give you some serious ammo… Man, those guys are pissed! What are people waiting for in this country?

  36. EULE,

    Come to think of it, if it’s really true, that makes it much easier for you to defend yourself and much more difficult for lender to prevail.

    Imagine: “You honor, the check you’re looking at has no name, no address and is in no way related to my mortgage and refinance. As a matter of fact, lender was repaying me for an old debt he contracted. Hence the fact that it is drawn from his personal account. Lender is blatantly lying to this court in order to try and personally enrich himself!” Doesn’t matter if you have to lie to prove lender that lender is lying. If you hold him by the short, pull as hard as you can!

  37. EULE,

    “Check for cash payout was from the Loan Officers personal account”

    I can’t prove it yet but I’m pretty sure that this is a violation of fiduciary duty, the same way that R.E. agents can’t mix their money and that of the transaction, Insurance agents have to keep separate books (know first hand: been both) and lawyers need a separate account for clients’ money.

    Be that as it may, I wouldn’t worry right now. If the lender does go after you for his money, he will have to prove that the no-name account is… his! That won’t look too good if he committed a lender 101 violation.

  38. Similar to what Nye says below, and, to clarify, I think it is important to research everything and every one. It took three years of complaints and persistence to even find the purported trust name. Knowing full well exactly what Neil is saying here, but I can and have already used some of the information I found to show inconsistencies in what the opposition was stating in court filings. So even though Neil is right, researching this information is still good to do and know!

  39. I have a question to you smart people . I have a refinancing and the
    Check for cash payout was from the Loan Officers personal account , not
    the Lenders account , how it will affect a foreclosure.
    Should not the Payout check written by the lender , so the lender can proof and claim the whole money on the foreclosure ?
    On the check is NO account number and NO lenders name.
    I believe that the lender can claim ONLY the payoff amount to the old lender , NOT the payout amount ?

  40. My fear is there are a group of muslims full of hate just like there are a group of kkk full of hate, and I have not seen any moral or honorable men directly under this president any more than I believe there were under the Bush administration. I see honorable people in all religions and races trying to stop this crime. And I am not so sure I feel other countries dont have the right to hate this country for what our leaders have done. But I dont feel the American people should be paying for the greedy leaders and I am fear for all Americans, wither good honorable muslims or what ever religion or race are suffering due to all the hate and greed at the top of the food chain. Many American muslims are suffering due to this crime against all Americans. The hate and the greed has torn the world apart. There are patterns and groups to red flag. Especially if they were politicians. And I know there are some good great politicians also. Elizabeth Warren, Elijah Cummings. Sherrod Brown, I have a lot of hope due to them. They are politicians.

  41. No kidding!

  42. As I said I would not have dinner with Dick Chaney either.

  43. Shelley, it’s the United States’ politicians you need to fear, NOT the Muslims.

  44. Ku Klux Klan, sorry for the typo

  45. And the copper-clad liberty lady is somehow still inscribed with:

    “Give me your tired, your poor,
    Your huddled masses yearning to breathe free,
    The wretched refuse of your teeming shore.
    Send these, the homeless, tempest-tost to me,
    I lift my lamp beside the golden door!

    But with this addition:

    But Muslims needn’t apply,
    As their place is on the water-board.
    They’re all brown and have sadistic traits.
    It’s in their genes. But they’re easily droned.
    And it leaves their oil in place for our future needs.”

    ~ Dick Cheney

  46. I would not eat dinner with a Klu klux Klan member either. If the white house was full of KKK running it I would throw up a red flag also. I assume they are all white.

    rom: “Livinglies’s Weblog” To: shelleystotalbodyworks@comcast.net Sent: Saturday, September 14, 2013 7:09:07 PM Subject: [New comment] “Finding” a Loan in Trust Doesn’t make It True

    WordPress.com Shelley Erickson commented: “Petty sure Bush and Chaney are white and I would not eat dinner with them.”

  47. Petty sure Bush and Chaney are white and I would not eat dinner with them.

  48. I definitely do not believe all Muslims are enemies. Many good people here in my neighborhood are Muslims. I dont believe all white people are good people either. I am white as far as I know and I dont care what is down my blood line. A lot of good souls in all people and I believe somewhere down the line we are all related. Jesus is dark skinned. I dont trust the politicians running this country as far as I can throw them and I can not throw them far at all. We have a pack of wolves running the country. Only a few good people standing up for the people. Some of them good hearted honorable Muslims. And many colors and faiths of good honorable people.

  49. I hear Obama has an East Indian serving somewhere in his administration. Women in D.C. should be very cautious. These people are known rapists. Girls, don’t go out alone in Washington.

    Oh, and there are a few Jews in his cabinet as well….watch your diamonds….

    And this black guy Holder is selling out the citizenry to Wall Street….uh…oh…that one appears to be correct…yes, it is.

    Come on Shelley….that’s racist and bullshit to boot. So the fuck what? Muslims are the enemy? Are you nuts?

  50. You can’t make this up … CA 1 App ruling on ‘safe harbor’ of discovery of SAR reports (suspicious activity) produced by Union Bank over a MBS trust / ponzi scheme. It’s an exercise of the depths the court will go to protect banksters.

  51. Deleted.

  52. Amazing… Pretty amusing too to see how far people will go to remove all doubt about their intellectual faculties…

  53. Talk about who is touchy I am not going there with you. You are a waste of time.

  54. So… that’s how it works, huh?

    Received in all caps. Got emotional and scared (who knows why… the recipient doesn’t personally know any Muslim but Hey! Media say they’re scary. Therefore they’re scary!)

    Posted right away. In all caps. Just to share the scare. Not one iota of personal thought process in between. No research. No analysis. Not even five minutes to think it over and wonder: “What i am trying to accomplish by posting something i know nothing about, haven’t verified, could be destructive and doesn’t teach anything?”


  55. The only rude person here is you. I am the last person to be prejudice in any way. This list looks like a red flag. Not a diversified list of people at all.

  56. It came to me in Caps!

  57. I guess the inflammatory stripper is baaaaack… all caps and all. Is there an unlimited supply of those?

  58. James Maddison Kelly is a forenzic specialist that can validate the note being authentic. You do need a lawyer. The judges eat up lawyers they eat up Pro se’s and spit us out. God Bless.

  59. Mike H.
    I am in Florida and I have a trial coming up at the end of September. The plaintiff has not yet filed the original Note with the
    Court. How long before the trial must they deposit the original Note
    in the court file so I can examine it? Any help would be appreciated,
    ie rule or Court citation on this subject.

  60. Thankyou Nye, I need help exposing the pdf of several transcripts and depositions and a hearing transcript. I only have them on pdf for now and trying to have someone skilled to put the in a format that I can expose them easier on the bloggs.

  61. Nye Lavalle
    Thank you for posting
    More, yes please.

  62. Look Who’s New in the White House

    > IN THE OPEN.
    > WELL!

  63. Kids are looking for answers. It started with Dylan and his friends, in the loose-change-911 video. And they provided a lot of answers at the time, most of which have since been confirmed by professional engineers, investigators, mathematicians and physicists. Ten years later, people are still looking for motives, as though 911 were the key to everything that has taken place in the country since WWII or even before.

    And it appears to be…


    For those willing to scream “Conspiracy theorist” every time anyone asks questions, be my guest. Refusing to analyze a problem has never resolved it. And the cat has been out of the bag for long enough now that serious people are digging into it worldwide. And discovering the ties between such corporations as AIG and the CIA, banks and Pentagon, etc. And finding out the extent to which this shell government is sold, bought and paid for.

    Kids don’t like what they see. They want no part of it. And they won’t keep the status quo.

  64. Eugene Villarreal – We have a good start.

    Trespass Unwanted, Creator, Corporeal, Life, Free, Independent, State, People, in Jure Proprio, Jure Divino

  65. Christine you got that right
    unreal, because its not.

  66. my “loan” assoc with that deutsche “trust” assoc with a certain prospectus and PSA was identified by a “loan amount in phoenix” no address- a number, of dollars and under REO ,
    there is no way, no proof. none. and past cutoff date under New York trust law. the intention was what it was, and look at us. Investors all over the world thought that the certificates were worth something. I thought my property was worth at least the amount of the “loan” but it was not, its openly spoken about the bubble-

  67. foreclosure claim under the lenient standards applied to demurrers. We conclude that a borrower may challenge the securitized trust’s chain of ownership by alleging the attempts to transfer the deed of trust to the securitized trust (which was formed under New York law) occurred after the trust’s closing date. Transfers that violate the terms of the trust instrument are void under New York trust law, and borrowers have standing to challenge void assignments of their loans even though they are not a party to, or a third party beneficiary of, the assignment agreement. – See more at: http://stopforeclosurefraud.com/2013/08/01/glaski-v-bank-of-america-ca5-5th-appellate-district-securitization-failed-ny-trust-law-applied-ruling-to-protect-remic-status-non-judicial-foreclosure-statutes-irrelevant-because-sa/#sthash.wJSsM9Ri.dpuf

  68. The assignments are obviously fruads and years after the closing date of the PSA’s.

  69. Boy did I ever stand corrected! Soros… wrote three of them!!!!!!!!!!

    How can anyone mistake this period we’re going through with anything remotely associated with reality? Take a step back and look at it for what it is: men trying to make money at any cost, for the sake of making money. How real is that? And why are people afraid? They live in some parallel universe we need to kick them back into. This is NOT a human dimension!

  70. OMG!!! I borrowed from Deadly Clear this list of books written on the economic crisis


    This is almost hilarious. No, let me rephrase… This is hilarious! The likes of Timothy Geithner, Henry Paulson, George Soros, Bill Clinton, Ron Suskind, the people actually responsible for this debacle are writing books to… denounce it!

    The question really becomes: is there a limit to hypocrisy or is it one of those things that can go on from here to eternity? Something like hypocrisy to infinity?

    The next question would be: who the hell reads those books? Is this one of those “I wrote that thing and every one I sell, I get a few bucks. Tell you what: you buy it and I’ll buy yours. That way, we both make a few bucks!” Somewhere, I got it wrong: everything happens in the vacuum of money. Doesn’t have to bring value: it just needs to be… money!

  71. This is happening due to the people fighting back by litigation and exposure of their crime.

  72. Principal Reductions Via Chapter 13 Bankruptcy

    Posted on September 13th, 2013 by Mark Stopa

    I’m pleased to report that a bankruptcy client of Stopa Law Firm received a mortgage modification with a $350,000 principal reduction during a mediation with a bank earlier today. The mediation was part and parcel of the Chapter 13 bankruptcy the homeowner had filed with the firm in the Middle District of Florida, Tampa Division, Bankruptcy Court.

    While mediations are available in the state court system, the obligation to mediate in “good faith” is something the federal courts take very seriously. The banks know this. The banks are leery of the federal courts’ ability to impose significant sanctions for failing to mediate in good faith. As a result, pursuing a mortgage modification through a Chapter 13 bankruptcy is often the best way to obtain a mortgage modification and, sometimes, a principal reduction.

    Congratulations to Kenny Case, the attorney who attended the mediation for the firm while I was in court handling other matters.

    Back-patting aside, let this be a good reminder that there are solutions for Florida homeowners to keep their homes through the bankruptcy court system.
    Mark Stopa

    That may not be what everyone wants but if a reduction of $350K makes those people happy, who’s to criticize it? $350K is a substantial amount we would never have heard of 2 years ago…

  73. Does anyone here have an ABSnet.net login … and if you do is there any better or additional info to be found if you have (long ago) found and collected all data on a particular loan from WF’s “CTSLink”??

    I’m not quitting til I get REAL discovery…

  74. JPMorgan Chase To Spend Another $4 Billion To Fix Risk And Compliance Issues: Report

    Reuters | Posted: 09/12/2013 8:14 pm EDT

    NEW YORK, Sept 12 (Reuters) – JPMorgan Chase & Co plans to spend an additional $4 billion and commit 5,000 extra employees to fix risk and compliance issues after a slew of investigations by regulatory authorities, the Wall Street Journal reported on Thursday.

    JPMorgan will spend $1.5 billion on managing risk and complying with regulations and plans to add $2.5 billion to its litigation reserves in the second half of the year, the Journal reported.

    The bank will also increase its risk-control staff by 30 percent, the WSJ said, citing people familiar with the matter.

    JPMorgan said on Monday that it would add more than $1.5 billion to its legal reserves in the third quarter and 3,000 people had been added to control functions.

    Another 2,000 assigned to the bank’s various business lines are also working on compliance issues, a person familiar with the matter who would not provide the total cost told Reuters.

  75. That’s because the subprime notes are not real “notes”—never were after deregulation…original notes were simply charged-off (insurance collected) and then “false default debt” was created—and “collection rights” were transferred over and over…fake “notes” were created—not real “mortgages”…classic ponzi.


    From ANON:

    “…We signed documents that we thought were a mortgage refinance, but they were not — they were reaffirmation of false default that we did not know about. No funding was necessary for these document signatures. The only funding provided was for any “cash-out” — the rest was just a reaffirmation of a false default debt.

    How does this fit into a Ponzi scheme?? Because a Ponzi scheme collects money from “investors” — when there is no real investment. In other words, they collect money — when they know that there can be no validation of cash flows to the investors. The investors in the subprime mortgage refinances believed they were investing in valid (qualified) mortgages, but they were not. Thus, the potential for cash flow return was not likely — as the borrowers were not mortgagors, they were only “debtors” in default debt, unknown to them, who were being charged high interest rates — that could never be substantiated. So, where would the cash flows come from??? The foreclosures??? But, foreclosures are not securities —current cash pass-through must be on current cash pass-through -(required for REMICs)– and, foreclosures are NOT current cash pass-through. Security investors do NOT get foreclosure proceeds. That is why, bogus trusts, are NOT borrowers creditor. We do not know who is our creditor.

    Ponzi scheme?? Yes. Based un-substantiated cash flows and bogus contracts. The cash flows stopped — and ponzi inventors had no where to go. Which is why we had — government bailout…”

  76. Bloomberg and ABS are a necessary element of any foreclosure defense law firm. I am an expert from origination to liquidation. I told the folks on here years ago the notes never left the depositor and that the cash flow is securitized within multiple pools.

    I am a proven expert, undefeated in every motion for summary judgment. I am faster than a speeding originator… more powerful than a wall street firm… and able to leap tall buildings in a single bound…

    Who am I” and don’t say super idiot – that is too obvious to be correct.

    I like chicken!

  77. Way to go Banksters Thank you



  78. James Maddison Kelly is a specialist that can do the forensics to prove the note is real or note. I dont expect any of them are. Especially when the Attorney for the Title Association for the state of Washington claims there are no authentic notes.

  79. agree and taking a short cut wont cut it.

  80. Have to leave a comment on this one. I 100% agree!! I’ve been saying this for YEARS!! Many of the actual wet-ink notes never got to the trusts. Only IMAGE copies or copies of the notes got there and the custodians didn’t conduct any due diligence to determine if the notes in the collateral files were actual wet-ink originals or copies or copies of images. Add to that the assignments in blank; the blank and Unattached allonges; pre-notaized blank assignments; multi-pledges; the originals pledged to other banks, Fed, FHLBs, private investors and others and you can’t trust anything they say or put in a pleading without a COMPLETE audit and examination, NOT OF THE DAMN PSA, but the entire PAPER & ELECTRONIC TRAIL from origination to warehouse to sale to securitization to servicing to custodian to insurer to guarantor to parties in chain to lawyers to LPS/MSP to investors etc…. It’s a longggggg trail and you must have expert navigators since its a rubic cube and Labyrinth maze of intentional deception if pandemic proportions!

  81. I have the fraudsters making TWO SHODDY attempts to assign the loan to a CWABS trust and doing it WAY TOO LATE in both instances.

    First of all, even though the DOT does have me, as the borrower, agreeing to MERS. But there is still a huge problem for them to use MERS. This was one of the ‘fake’ Countrywide loans where Countrywide did NOT use their own name or their D/B/A of some other existing entity on the loan documents. Nope, they used the FALSE corporate name of “AMERICA’S WHOLESALE LENDER CORPORATION” which the DOT described in particular as being a NEW YORK CORPORATION. There was and is no such thing. My loan is a 2005 vintage loan. Another unrelated group did file the corporate name of the ‘INC” version of the AWL Corp name. That occurred on 12/16/2008. It blocks BOA from ‘fixing’ the problem by filing the papers for “AWL CORP” in NY state.

    CW and BOA try to bluff that the loan was in the name of the D/B/A that Countrywide held. If you get a judge to really LOOK at the four corners of the DOT or mortgage, they will not find the “D/B/A” on the loans of the variety I am referring to. Countrywide is only identified in the upper left hand corner as the SERVICER to return the docs to after recording. The LENDER was VERY CLEARLY stated to be “AMERICA’S WHOLESALE LENDER CORPORATION”.

    So, you have entities then trying to IMPROPERLY use MERS Corp to assign these DOTs because the named lender is a fraud and there is no way for ANY other entity to act for a VOID entity. They also improperly did the Substitution of Trustee.

    But even worse, both Litton and LPS or their LSI subsidiary, could not properly even cite the name of the CWABS trust in that first attempt to assign the DOT in 2010, nearly 5 years too late for the trust. (And just for kicks, they also attempt to ‘assign’ the NOTE.)

    Now, with that bad assignment, how do you fix it? Well, the proper way would possibly have been to go to court to strike the bad one from the county records. But of course with the other problems here, you do not want to do that, right?

    Okay, with the first assignment managing to supposedly assign the DOT to something that is not even the true name of any trust, the servicer for the BoNY-Mellon Trustee came up with a new assignment in 2012 in which they assigned just the DOT to the CWABS trust from the invalid ‘thing’ claiming there was “GOOD AND VALUABLE CONSIDERATION!

    And in WHAT CAPACITY do they claim to be able to do this assignment? The servicer claims to be acting as the “ATTORNEY IN FACT” for the CWABS trust with BoNY-Mellon as trustee.

    What a load of CRAP THAT assignment is. HOW do they show that there was any such “Good and Valuable Consideration” paid to the thing that is not the name of any existing trust?

    HOW do you have any ‘Attorney in fact’ status with the entity this is being assigned FROM? They are not able to claim some such thing as MERS here since they are clearly NOT MERS MEMBERS.

    I did not know it was this easy for some entity such as OCWEN to become the “Attorney of FACT” for a TRUST that does not even exist! I have to assume they had not looked at how long this has been dragging out. They started this fight in 2009. I’m still here.

    But all of that crappy assignment guff was supposedly only worth $1300 as far as that ‘review’. The money just added to my funds for the fight.

  82. A PARTY! Only if they are didhonorable ones! Some and very few good ones are out there as well. So have to give the benefit of the doubt. =)

  83. The Bloomberg information is cruicial. It tells you the dated history of when the docs were filed to prove the PSA are faulty and void. It is dated recordation of when the docs were or were not filed. It is not hearsay when the dated docs are not there they are not there timely. It is not someone saying we are quessing the filed notes are not there. The notes can not show up as filed in the terminal on a date they were not filed. Bloomberg show the fraud in my investigation showing the docs were filed but filed on March 03, 2013. AND NO RECORDS OF FILING IN 2006, when they should have been filed.

  84. What do you have when you have ten politicians chained together at the bottom of the ocean ?

  85. I’ve seen data altered on Bloomberg & Absnet, on different REMIC that have the same servicer. I assume the trustee, may be forwarding the tapes to Bloomberg & Absnet……Thoughts?

  86. Sandra this is what I was talking about yesterday-  What is the reliability of the Bloomberg stuff???  Does it prove what it was suppose to prove??  Need that receipt-follow the money is the sure bet .  WE MUST DEMAND THE DISCOVERY FROM THE BANK.


  87. Not at all. My loan and many were entered years after the PSA deadline, which is not allowed and trying to fix a faulty PSA which can not be done and is fraud. The loan was entered in the PSA after my pro se case was over. On March 03, 2013. Seven years to late. Timing is everything in the PSA contracts.
    I have informaiton and docs for you if you need these.
    Email me at Shelleystotalbodyworks@comcast.net if you want copies on pdf. I also have a copy of a transcript taken from a video testimony of the attorney for the Washington Title Association telling the senator if they do not pass bill SB 1435 which allows reconveyance without authentic notes and real parties of interest, they the senators will never be able to sell their houses if they expect to be able to sell it by reconveyance with an authentic note, none of them will, they just wont. Soooooooooooooooo, The attorney for the title association in Washington knows there are “NO AUTHENTIC” notes in the entire State of Washington, without question. How much do you want to bet this is in every state? The entire senate passed the bill to reconvey without authentic note if the real party does not claim ownership when a letter has been mailed out to them whom ever they are where ever they are and 120 days has passed. The title company now has the right to reconvey without authentic notes in Washington State. HOW UNCONSTITUTIONAL IS THIS? Roger Goodman senator in Washington told the senate in a video I have, however this part has now been deleted from the video, that the banks do not know who own the loans. Senator Roger Goodman sent an email to our group telling us not to come and testify against the bill due to the bill was bad and he was going to pull this bill he sponsored. So our group did not come to testify against the bill in that session, which Roger Goodman did not pull the bill and boasted on video how the bill was an awesome bill therefore no one was there to testify against the bill. Were we deceived by this senator or what?

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