Modifications Up, Foreclosures Down, Scams Up

Thanks to all who inquired about my health. I am fine. Just busy with cases getting ready for trial.

Recent trends show a number of things. First, more actual judgments are being rendered in favor of borrowers. Sometimes, it is procedural, like the statute of limitations that limits actions to 5 years in Florida. But most times, it is simply that the Plaintiff or forecloser could not make its case. They produce professional witnesses who know nothing, were previously employed outside of the industry and are basically being thrown under the bus by the banks who already know they will lose if the homeowner’s attorney is an experienced trial attorney.

Recent laws and local rules are getting more and more judges applying laws and rules that require the forecloser to have their ducks in a row. The answer is that they have no ducks, so they can’t get them in a row or any other configuration. They are strangers to the transaction with the homeowner. And there is a growing awareness that homeowners are not seeking a free house but a true lender or creditor with whom they can engage in meaningful discussions. But the banks are still successful in insulating the real parties in interest from any contact with each other or even any knowledge of who the other party is or where they can be contacted.

As one Judge told me recently, he has come to realize that clearing his docket is easier than he thought. Just require the a party seeking foreclosure to prove that they or the predecessor actually made a loan to the homeowner. Add to that a comprehensible chain of documentation that tracks actual transactions, and you end up with nearly zero foreclosures. This is especially true where the foreclosing party has failed to allege the existence of a loan and instead has alleged only that paperwork was signed. Judges who continue to “infer” that the loan was made are skipping a basic premise of pleading. Either it happened or it didn’t. The use of inference requires the homeowner to state an affirmative defense and prove it when he should only be required to deny that allegation. Motions to dismiss based on that premise are starting to be granted.

So it is no wonder that I am getting daily calls from previously intractable parties seeking foreclosure pursuing a global settlement. They want it “Global” because they know we will pursue damages for slander and wrongful foreclosure. They also want “settlement” because they know they can’t win in court. But it remains true that where the client comes to a lawyer after judgment has been entered or after the sale, the road remains rough and unpaved. And the fact remains that if they can’t make case for foreclosure they don’t have the authority to settle or modify the loan. But that can be bridged if the Judge approves the settlement in words that prevent anyone else from making a claim, and if a Guarantee of Title is issued by the title company. (Different from the normal owner’s policy).

Modifications are being offered with increasing sincerity as lawyers start balking at filing documents that they know or believe were fabricated and forged. The recent tribulations of David Stern and Marshall Watson sounds a warning bell to all firms “processing” foreclosures that they might face disbarment or worse.

But wherever there is desperation and fear and vulnerability, the scam artists come out of the woodwork spouting phrases, laws and rules they know nothing about and promising to end the ordeal of the investor who bought homes during the mortgage meltdown or the homeowner who bought or refinanced homes during that period. Some of them use the word “asset protection” which is in reality a highly complex world in which navigation is extremely challenging. The bottom line is that if the person is not a licensed professional with some obvious credentials their advice should be neither sought nor taken with anything larger than a grain of salt. That ought to get some more hate mail coming my way. Some of the old-time tricksters are finding it difficult to get gigs as “experts” because, well, they are not experts, they have insufficient knowledge, and they don’t know how to explain anything to the court.

In the end, you must accept the premise that the transactions were fatally defective from the beginning (most of them). Signing a note might enable someone to START a lawsuit but it doesn’t allow them to win it. A judge is committing error when he or she denies a motion to dismiss based upon the fact that the “lender” failed to allege that he ever fulfilled his side of the bargain — i.e., that he made a loan to the “borrower.” That allegation alone will knock out at least half of all foreclosures. Judges who are faithfully following the rules of pleading and proof are having no difficulty in clearing their dockets because most of the foreclosures are being initiated in judicial and non-judicial states by parties who, as the San Francisco study put, are “strangers to the transaction.”

While the paperwork on loans is mysterious and opaque the facts of the deal are not. Either there was a transaction for which the paperwork is evidence, or there was no transaction, in which case the paperwork is worthless.

Report of Referee: Former ‘Foreclosure King’ David Stern Could be Disbarred for Foreclosure Fraud

Financial Crime: Foreclosure Rescue Schemes Have Become More Complex, and Efforts to Combat Them Continue

Increased mortgage modifications have scaled foreclosure down

65 Responses

  1. Below is a really bad scan of my Deed of Trust From Citi Mortgage. Have a couple of questions that someone may be able to answer. 1. You can clearly see that MERS is the Assignor. Question I thought that was illegal. 2. You see a stamp on there that says Certified True Copy. Actually you cant see the stamp, on here but its on the document all by itself and nothing else. The notary on here is part of the original deed. Question shouldn’t this be notarized I requested a certified copy through a QWR? 3. Can someone tell me how to find out if this loan was securitized? As you can see some the stuff did not scan very well such as the signature.

    When Recorded Return To:
    PO BOX 29071
    GLENDALE, CA 91209-9071

    MERS SIS # 868-679-6377 MIN: 100052550053155353
    Assignor: Mortgage Electronic Registration Systems, Inc. as nominee for New Equity Financial Corp., its
    successors and assigns
    Assignee: CitiMortgage, Inc.
    For Valuable Consideration the receipt of which is hereby acknowledged, the Assignor hereby assigns
    and transfers the following described Deed of Trust unto. the Assignee:
    That certain Deed of Trust executed by James A Smith and Rhonda E Smith, dated
    021:2212005 recorded in the land Records of Baltimore County, Maryland in liber: 0021536 Folio: 333 ,
    securing a note executed of even date therewith in the original principal amount ot $295,000.00, and
    granting a securing interest in the property commonly known as 9411 Lyonswood Drive, Owings Mills,
    MO, 21117, which property is more particularly described on: Exhibit A attached hereto and incorporated
    herein by reference.
    Description/Additional information: See Exhibit A
    Original Beneficiary Name: Mortgage Electronic Registration Systems, Inc. as nominee for New Equity
    FinanCial Corp. its successors and assigns
    Original Beneficiary Address: P.O. Box 2026. Flint, MI, 48501-2026
    Current Beneficiary Address: P.O. Box 2026, Flint, MI, 4650′-2026
    Witness my hand this -:–+-’-::-L……:::.~—
    Mortgage Electronic Registr ion Systems, Inc. as nominee for New Equity Financial Corp. its successors
    and assigns

    ~me Geraldine Ann Belinski
    Title: Vice President
    Page. 1 39147374 2~49 MDOO~ 8a~rmo,e County Inlernal

    On 1- Z &-20 t.3 before me, Ihe undersigned, a nolary public in and for said
    state. personally appeared Geraldine Ann Belinskl, Vice PreSident of Mortgage Electronic
    Registration Systems, Inc. as nominee for New Equity Flnilnclal Corp. Its successors and
    assigns personally known 10 me or proved to me on the basis of satisfactory evidence to be the
    individual whose name is subscribed to the within instrument and acknowledged to me that he/she
    executed the same in his/her capacity. and that by his/her signature on the instrument, the individual, or
    the person upon behalf of which the individual acted, executed the instrument

    Page’ 2 391″7374 2«49 1.10005 Banimore COunly Internal

  2. My Corporate Assignment of Deed of Trust’s Date of Assignment was September 9, 2011. As you can see below the cutoff date was January 1, 2006. Based on this information Beth says that the document is void. I don’t understand all of this. What does that mean to me? What do I do with this information? Who do I address this with, the Servicer? MERS? the Lender? or the Assignee? Is this enough information that I can negotiate with whomever, without having to hire an attorney?

    @ James Smith – here is the info regarding the claimed trust your loan is supposed to be “pooled” in. If the Assignment you have is after the cut off date 1/2006, then you have an argument that your loan is not in the pool. Also it is the depositor, not MERS, that is to assign the loan to the pool.

    Residential Funding Corporation
    (Master Servicer and Sponsor)

    | sale of mortgage loans

    Residential Asset Securities Corporation

    | sale of mortgage loans
    U.S. Bank National Association
    (owner of mortgage loans on behalf of issuing entity
    for the benefit of holders of certificates)


    The following summary provides a brief description of material aspects of the offering and does not contain all of the information that you should consider in making your investment decision. To understand the terms of the offeredcertificates, you should read carefully this entire document and the prospectus.

    Issuing Entity……………………………… RASC Series 2006-EMX1 Trust.

    Title of the offered certificates…………….. Home Equity Mortgage Asset-Backed Pass-Through Certificates, Series 2006-EMX1.

    Depositor………………………………….. Residential Asset Securities Corporation, an affiliate of Residential Funding Corporation.

    Master Servicer and Sponsor………………….. Residential Funding Corporation.

    Originator and Subservicer…………………… Mortgage Lenders Network USA, Inc.

    Trustee……………………………………. U.S. Bank National Association.

    Cut-off date……………………………….. January 1, 2006.

    Closing date……………………………….. On or about January 20, 2006.

  3. My original Lender on the Deed of Trust was Mortgage Lenders Network. I have a Corporate Deed of Assignment that MERS assigned to US Bank, National Association, as trustee for RASC 2006-EMX1 at 4801 Frederica Street, Owensboro, KY 42301. The recording was requested by Wells Fargo and they are also listed as the default assignment. Wells Fargo recently sent me a document which listed Ocwen Loan Servicing as the investor. If that is the case, shouldn’t there be a document assigning the loan to Ocwen Loan Servicing? Im so confused with this stuff. Something is truly wrong with this loan, but I cant afford to hire an attorney to get to the bottom of this. James Smith

  4. Has anyone ever dealt with Ocwen Loan Servicing out of Fort Washington, PA. Wells Fargo is telling me that Ocwen Loan Servicing is the Investor for my 2nd Mortgage which America Servicing Co/Wells Fargo is the servicer. What I need to know is what is the best way to go about finding out if they are the actual investors and if they even have any records of my loan. My guess is that I am going to get the run around and probably will find out that they know nothing about the loan.

  5. Below under “Fighting MERs in CA” someone stated.
    3) Any assignment of the Deed of Trust & Note from MERS to a successor is void and fraudulent.
    I live in Maryland and I have a Deed of Trust that MER’s assigned to successor. Can someone tell me if this is a true statement.? Do I now have a fraudulent document. Would someone be willing to send me their email address so I could scan and send to them, so they can let me know in fact this is a fraudulent document. My email address is 443 677 2799. James

  6. Cease and Desist Order against Citi and Wells Fargo.
    There is currently a Cease and Desist Order against Citi Mortgage. Below is the complaint that I sent to Office of Comptroller and Currency.

    There is currently a Cease and Desist Order by the Office of the Comptroller of the Currency against Mortgage Electronic Registration System. I am writing because I want something done about the Banks and MERS, because they continue to perform illegal transactions. I recently had a document that was posted to County Public Records by Citi Mortgage and MERS. It was a Deed of Trust for a transaction that was done back in 2005. Something was not right about them just now posting this document after so many years. I goggled the person that signed the document, Geraldine Ann Belinksi, Vice President. I found another Deed of Trust online that had the same person’s name on it, but this time it stated that she is the Assistant Secretary. I immediately got on the phone and called the office that was listed on the document, Citi Mortgage, 1000 Technology Drive, O’Fallon, Mo. I located the office where this individual worked and discovered that she is a mere processor. This has gotten out of hand and I am very skeptical that any of the transactions and documents that I have through Citi Mortgage are legal and binding. Why are they allowed to continue Robo Signing documents? I can be reached at 443-677-2799. Thanks James A. Smith

    I did not call MERS to verify that she worked there. I call Citi and they stated that she was a processor. This is response that I received from Citi regarding the complaint

    “Our records indicate Geraldine A. Belinski is a Certified Appointed signor for Mortgage Electroic Registration Systems Inc.”

    My question is, does MERS have employees that work in Citi facilities? I do not believe this. I called and verified that she worked there and they stated she was a processor. How can I verify that they are lying, because Im sure that OCC will believe what Citi’s response was.
    James Smith 443-677-2799.

  7. Poppy, give us the former owners name …. maybe one of use are related to them … hahaha

    p.s. … I recommend filing claim of abandonment, should you proceed … H.S. rights could leave you high and dry.

  8. Update on mobile home:

    It is listed as personal property and as such, it doesn’t matter what I sign, as I am not the owner, of course neither is HSBC, so they cannot transfer or hold me liable for anything, unless I sell it, move it or destroy it, where the owner of record has the right to come after me. Interesting though…they have granted me a right they do not have and any signature I give them means nothing, as they have no right to the personal property. LOL…3 years of taxes are owed and I am not responsible for those either. It does get mucky if the original owner or a family member decides to move in mobile home..the course of action is to have the mobile deemed abandoned or unfit for living and the magistrate or health department can give me permission to remove them and it, the mobile home.

    These banks are nuts…and the law says they are liable, not me, cause they knew exactly what they were doing.

  9. @ E. ToLLe,
    Your are right on. It is about the time of transfer. I have been cheicn the SEC to see if I can find my loan in the trust. I cannot find it at all… Could it be because it has been paid off? of so, by whom? In MERS inc website, my MIN is inactive as of four months ago…

  10. Bottom line folks….if we try and transfer title between us, as the banksters have done over and over and still do, we’ll be pacing a 12’ by 12’ room and defecating in a metal bowl for the next 20 years. When they do it, the Treasury and the Fed bow down in obeisance, granting yet more TARP or QE funds.



    @ Agente777, of course it’s not a sin to enjoy a decision against BofA. As a matter of fact, it’s not a sin to ask that all of nature brings her wrath down upon their corporate and individual souls, wreaking havoc on them all. But don’t expect anything of the sorts, at least not until the pain threshold has been breached. Knowing this sleeping American population, it’ll be a while now.

    Oh, and agente777, Glaksi’s not about assignments, it’s about timely transfers to the trusts, according to NY trust law and PSA’s. Big difference.


  11. re my comment at 8:40 – also strictly lay opinion – something for an attorney.

  12. If the bank disposes of the mobile home before you purchase the land, I don’t know how the disposition of the mobile home has anything to do with you, unless you could be tied in because it was on there when you signed the purchase agreement. If, on the other hand, your purchase agreement says it’s personal property warranted to be moved prior to your closing and is NOT included in your contract, as long as it is moved prior to your closing …? It might need to be actually moved prior to closing because “contracts don’t survive a closing”, meaning, I have taken it, that if a part of a contract hasn’t been performed prior to a closing, that part of the contract may be deemed to be abandoned / unenforceable.

  13. My two cents about mobile homes: whether a mobile home is personal property, whereby it might be registered with the DMV, or it’s real property, whereby it would be titled in public records, depends on one thing (far as I know): has it been permanently attached to the land? Mobile homes often if not always start off as personal property and are more or less transmuted or converted to real property by perm attachment to the land (and in which case, if the attachment passes HUD’s standards, it qualifies for land loan, like a house does).

    Sounds like the one at issue is deemed to be personal property. (If it were real property, it would pass with the land, just like a house). Apparently, it’s the land only which was foreclosed, meaning imo the mobile home has been deemed personal property, and the bank wants it clear it isn’t attempting to sell the mobile home with the land it claims to own. If that’s the case, the DMV or ? records, but not the records down at the recorder’s office, should say who owns the mobile home, which record registration is probably expired.
    That’s an issue, no doubt. Someone else wants to buy or take the mobile home? Shouldn’t that be done before the land is sold to you, Poppy? That’s probably what your attorney is hollering about – leave YOU out of it. I don’t know SC specific law, but I am somewhat familiar with mobile homes generally as to personal property v real property, and honestly, I would be surprised if SC is different. That’s not to say it isn’t. It’s just to say I’d be surprised. (and if it’s personal property which is untitled – title registration has expired – that might be a hornet’s nest with what else you said about the Medicare and so on in re the former owner of the land and owner of the personal property
    I don’t even know if the new owner, allegedly the bank, may move the personal property off the property. Seems like the bank could, but they don’t want to pay to move it or for storage and selling it may well be an issue, which if not for the Medicare issue, might otherwise be easily resolveable. Or do you want the mobile home, in which case imo, those issues might become yours? If it’s been there long enough, the former owner’s interest, because it’s personal property (IF), his or her interests might be deemed abandoned. Don’t know that law one bit, not even opinions. But what might need to be deemed abandoned also is Medicare’s interests.
    strictly, hugely, majorly LAY opinions – your attorney should know if the ownership of the personal property (IF) is 1) subject to Medicare’s claim (some governmental agency) or 2) the former land owner’s claim or 3) could they both be deemed abandoned. If you want the mobile home, you might ask your attorney if an appraisal on the personal property (IF) could be done and those funds kept in an arm’s-length separate escrow pending the outcome of those questions. ( But it’s likely imo if someone else wants the personal property, he is trying to score and wouldn’t want to pay the appraised value, which if you don’t want it and they moved it first wouldn’t become your problem in my strictly lay opinion).
    The mobile home value “as unique” (a unique property) imo is only applicable to the former owner and anyone claiming under him, like a family member say, and not to Medicare because Medicare, if it had a claim, would just want the value, right? I think the first thing to do might be to find out which, IF any, potential claims have been abandoned because I (me not you or anyone else) wouldn’t want to be there if Medicare comes calling or even the former owner or her heirs, etc.
    Again, strictly lay opinions and not advice – ask your lawyer!

  14. You’re right, but the mobile address is hooked to the land, in SC …not sure what’s going on, the lawyer has it right now and has told HSBC no closing, until this is settled. My issue is: what has all this got to do with me, I don’t own the damned thing. Go see the owners. Jeez! I just want the land.

    Trying to restart my own life, as this court stuff moves ever so slowly, and still in bed with these assholes.

  15. Poppy, in my state the Dept. of Motor Vehicles handles title to mobile homes. check in your state.

  16. I can tell you that a former Chase borrower who filed ch7 three years ago and walked away. were harassed by Chase for two years to sign over title. They had two offers this past year… $68,000 for their signature or they could buy the house back from Chase for $28,000 cash. The house was given a make over and still sets empty in MO.


  17. Way to go Java! Don’t Sign Nuttin!!

  18. I consented to a lien on the property, whereby upon repayment the lien would be released

    … I never agreed to put our entire household estate irrevocably into a trust!

  19. Exactly JG. A mortgage is a lien!

    That is what I thought I was consenting to. But they failed to disclose pages one thru seven to me for my consent and acknowledgement where as the title to my estate was transferred to MERS and formed a DOT stuffed into a doc with the disclosure heading calling it a mortgage.
    They failed to inform me of the risks involved, they changed the repayment terms of the note without notifying me and unlawfully stripped (or tried to strip) me of my half of the estate.


  20. I agree Java…I wouldn’t either. The way HSBC stole the house; the woman had medical issues and needed to get Medicaid for the nursing home. When that happened they seized her social security check for the nursing home care and then the house/land went into foreclosure. Had a small mortgage for repairs, lived there for 40+ years…scumbags. Hell would freeze over before I signed anything to them. I get it….

  21. I might be 99yo and on my deathbed , but I will still refuse to sign the title over to pm3rd party that stole my house

  22. ” “Lost Title” is KEY!

    I want to enforce the contract ….

    When the note is satisfied, who gets title?

    Oh where.. Oh where… Oh where is the T-I-T-L-E you Promised Me?”

    kc, I appreciate your efforts, but sometimes you say stuff like the above…… People who take out mortgage loans haven’t lost title. They still own the home in fee simple title. The “fee simple” is just now subject to another interest. When the note is satisfied, that new interest is extinguished and the homeowner remains with the same title he started with and never lost, but WAS unencumbered with someone else’s interest. There is ‘legal title’ and there is “equitable title” as sub-titles, mol, under fee title.* When a note is paid off, the one the lender got of those is extinguished. If a dot were used, the way the extinguishment of the ‘sub-title” is noticed is by way of a “reconveyance”. If a mtg were used, it’s by a “release”.

    Now, big caveat, I saw that NJ “MERS” mtg, not a dot, not too long ago and learned (at my glance) for the first time that that doc purports to transfer title to MERS, at least that’s what my glance told me. I’ve never been intimately familiar with “mortgages’ – v dot’s – except it’s always been my understanding a mtg is a lien only and doesn’t convey an interest in any “sub-title” (legal or equitable). Or so I thought: You can believe this or not, but I was too “irritated” to pursue it at all because I was literally seeing red – the NJ mtg appeared to convey title to MERS – and part, but only part, of my “irritation” was knowing of MERS’ statements to Nebraska Dept of Banking and Finance, which seemed patently at odds with language in the New Jersey mortgage, when it was trying to avoid licensing in Nebraska. And did, based on those statements to Nebraska. My real irritation should be obvious at this date fwiw.
    So I can’t really speak to a document which is a “mortgage” instrument, not a dot, especially if it purports to actually convey title to anyone.

    *Not to be confused with MERS’ bs “legal title” to the interests granted in a dot argument, which I maintain is fiction. No one holds ‘legal title” to interests created in a contract. We don’t hold “legal title” to someone else’s rights. (Here, you’re going to the demonstration – take my rights with you.)

  23. Can’t you contact the previous owners and ask them if they will sign you the title. It is a yucky situation,…they may want your head, they may be over it,but still not give it up in spite they lost it …or they just may sign it over. Never know…worth a shot, no?

  24. This is the end game of selling “stolen” property…not my problem…

  25. It is a cash deal… and the mobile home address is hooked to the land and the guy who scraps the trailer needs the title…on and on! Interesting HSBC wants me to “indemnify” them…I don’t own the darn thing. So, if the original owner is still titled to the mobile home…and I get rid of it, it makes me liable to them, cause it is still in their name. The land is not an issue…but personal property on the land, attached to it, via plumbing, septic, etc..and addressed is, as far as I know. Nice Huh?

  26. This is on Secularization and quiet title from CFLA:

  27. Poppy, might I suggest to you to pay cash for the land and get the land deed. Pay cash for the mobile home and get title.


  28. “Lost Title” is KEY!

    I want to enforce the contract ….

    When the note is satisfied, who gets title?

    Oh where.. Oh where… Oh where is the T-I-T-L-E you Promised Me?

  29. In addition, I was also a certified reverse mortgage specialist and was very much aware of the problem with fc on the estates after the debtor died. I began noticing a pattern of everyday fcs mimicking a reverse fc.

    It was MS who filled in the missing pieces for me. I also had to ask him the Right Questions. And in between all my dumb questions and aside him calling me ignorant and pissing me off _ I had to plead my ignorance to the whole world. LOL!! …

    When you see the “Full Picture” ……Its Enough to make your stomach roll for weeks…….

  30. Brenda, in this case has worked for my husband over 8yrs. Anyway a lot of people who were having title trouble and could not refi for their 7&8% rates with the very same buttwipe sellers. I began noticing a pattern ……

  31. LOL!.. I tried to stop it from posting when I caught it!!

    I meant setting (not wetting) the new mod up on a foundation!

    yikes! to much caffeine

  32. The 1st and only former owner was elderly widow and died just a year after buying the land and wetting up the Mod …

  33. Oh My Heavens Poppy! Exactly!! Someone came to me with the EXACT same problem. They were minority and had no idea what they signed. THEY BOUGHT IT! Well Fargo NA… Buttwipes!! Anyway they went to refi with Wells Fargo and were told by Wells Fargo that they would have to obtain title before they could refi. They initialed a doc at closings agreeing that they understood WFNA could not give title to the New Mod Home set on foundation as it had been lost.

    Sent them to their Attorney. Sad to say… they didn’t have one. They went to the state to file lost title .. uh hu…. they have to post bond.

  34. Neil,
    Thanks to MS … I know understand your claim of the bank getting paid twice and/or getting a free house……. all the while the investors are being dangled along and the middle class taxpayers paying 70% of their income in taxes already are being crushed. Just how much of our wages do they think we need to live on?

    Maybe they want us to trade our entire life estates past, present and future for food rations?

  35. I do hope it is not a sin to enjoy the BofA decision. Why? Because I am very happy. They have inflicted great damage to the the america people and to our economy. Not to mention the psychological and emotional damage.

  36. I am in process of trying to buy a piece of land, foreclosure, which BTW I am morally opposed to, but the land is not so easy to buy where the location is. Having said that, the bank, HSBC wants me to sign a waiver holding them harmless for not having the title to the mobile home on it….LOL. Okay, my closing attorney says; hold on HSBC, if you don’t have the title, it is in the original owner’s name, how can the buyer, non-owner hold you harmless? And how can you sell the “property” you do not own, with the land…and the taxes are owed for 2 + years..Jeez! same song, different key…

  37. I’m a realist and an optimist Poppy! And I am optimistic that your dream is a sign of things to come Very Soon! We are in the Last Inning and TBTFs will be chopped up into Mince Meat!

  38. Sorry I meant to say In Deed (not in did)

  39. In did, BofA is P!$$3d OFF. They have attorneys from San Francisco to the east coast sending the supreme court of the State of California to depublish the derision. The parents of a friend of mine is suing Ocwen and where attorney briefly cited the Glaski case. But from what i understand, the win for Glaski is that he does have stand to challenge the late assignment. He now has to go to the lower court with that right. If the lower court determines that in FACT the Assignment is VOID, i will be a win for everyone. This (I think) will be regardless of whether your are on default, in the foreclosure process or perhaps even if you have been foreclosed and evicted. If this is the case, it may create another problem… I think…. Those who have purchased a foreclosed home may end up loosing it to the previous owner??? How about homeowners who did a short sale? to whom should the funds of the short sale should have gone too?

  40. Makes my day, BOA, getting their asses wiped.

    The only thing better is to see the CEO, CFO and COO in handcuffs…I can dream, right?

  41. Poppy….

    I’m not sure if its a sin or not, but I am sure getting a lot of enjoyment out of BOA squirming with this info going public.

    *Giggles All the Way Home*

    Hang in there my Friend!

  42. Example… a AAA bond issued a 10:1 on a $150,000 household estate, holding the household estate as guarantor of $1.5 million (10;1) future value. With an undisclosed 5 yr call provision.

    Thus .. 2008 Financial Crisis

    Would you have signed if you knew the liabilities the Estate would be held to?

    Still want that Mod?

    See you back in 5yrs.

    Oh .. It is 5yrs later.

    Hold On … Here We Go Again!


  43. Talking about Glaski, Agente777 been around for some time…a win and BOA is pissed trying to get it removed from published status…LOL

  44. Behave Poppy!

    Knock Knock

    Behave KC!

  45. Trying to learn as much as I possibly can from all of you and putting my two cents when possible.

  46. I am here : )

  47. Ugh, yeah it has E. ToLLe….where has Agente777 been?

  48. Thus the backdating or non dating of the docs.
    Have to go back and file the WD before Trust can be established.
    Held outside Trust for 30yrs
    You have to Own it before you can Pledge It to a Trust!

    Am I not Right?

  49. I found this other case in the event you would like to read it (late assgnment to the trust, defendant (homeowner) wins):

  50. Java,
    State Laws Vary.

  51. How long a timeframe does one have to motion to vacate a sheriff sale ???
    1. No certified notices of sale date delivered.
    2. Foreclosure servicer is plaintiff not the owner/investor of note.
    3. Of course robo signing. Post dated assignments.

    Does the innocent (foolish) 3rd party bidder at sale get financially harmed by sheriff sale vacate ???

  52. Error, I meant to say ………………

    The Estate is not responsible for the debt until the Estate is settled.

  53. Oh… and an Attorney signing as POA … Make the bastard show you the Origional Trustee Agreement naming the Trustee or Beneficiary he purports to be acting as POA for. If he is purporting to act as POA for a Sub-Trustee…. You want BOTH Agreements!

    My Bad … Sorry!

  54. State Your Claim to the Public!

  55. When there is no beneficiary and the Profiteer fails to seek out heirs or names et al unknown and unrecorded is pretty dam sneaky!!


    When they serve the Estate … Say Hell NO! The Estate is the Beneficiary and not responsible for the debtors unsecured debt.

  56. When someone purports the authority to sign as Trustee …

    thus … to proffer of a sub trustee for a Purported Trustee with no Proof of Authority?

  57. Upon review of our own non- so-called Mortgage/Trust. There is No named Trustee and there is NO mention of any beneficiary (not even for lender)….. as a matter of fact there is no mention of a beneficiary at all.

  58. Thks but still no help yet

    Sent from my iPhone


  59. ALTA and ABA are in Bed Together!!

    the Cherry on top .. they set the standards for NNA.

  60. Just for Marilyn …. You are Right!

    Its the Fiddler on the Roof!

  61. My Good Mood brought to you by Coffee! 🙂

    So I go to get title commitment to buy this property from hubby and get the deed put in both our names.

    (his title insurer is First American)

    I prefer CT …. but CT sec B exclusions ….. Oh Boy! I could say soooo much! Especially about the Lack of a Named Trustee in a Trust Agreement and a Trustee Deed granted to my husband by a non named Trustee. Will not Insure It without a Trust Contract naming a Trustee. And of course the non recorded IRS liens for things not yet due and payable. The LP and MERS and and and and and…

    But you need to get your own title commitment report and Title Abstract.

    In other news ………………………

    … discloses the Fiddlers privacy policies.

    From personal knowledge …. LuPaS was Fiddlers. But Fiddlers spun it off. (to take care of all those illeagalities without liability?)

    Now the Fiddler is buying it back?


  62. Where are the receipts with actual monetary transactions represented thereon?

  63. The Glaski can challenge the assignment of the Mortgage. It has to go to the lower court from what I understand. Unless I have missed something. Lenore Albert an attorney from Southern California is referencing the Glaski Case in the Courts of San Jose California for a property foreclosed on by Ocwen in the County of San Benito. If Glaski has won his case and has successfully gotten his NOTE void because of a late Assignment, please let me know. The assignment to my note was 8 years late.

  64. Am I missing something? Has Glaski not been decided?

  65. And I ask, if the servicer transfer the DOT after the Cut-Off date knowing it should have been done 7 or 8 years ago, can that servicer be guilty of fraud? If it was MERS who did it, Could that be Fraud? If the NOTE is now void under New York Trust Law for making the transfer after the cut-off date, does the servicer have the right to modify the loan? does it have the right to foreclose? I am waiting with great hopes the results of the Glaski vs BofA case. I do hope that if Glaski comes triumphant, that will also help who were wrongfully foreclosed and evicted… Good luck to all of us…

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