Watch Out For Those Prepared Orders!!!

I was in court yesterday battling out an attempt by U.S. Bank to have all rent turned over to them from several investment properties. The Florida Statute, like many others, allows for a summary procedure and allows the Judge to grant the Motion even if the owner if the properties has defenses. I had many problems both with the statute and the facts. U.S. bank had appeared out of nowhere as successor to Bank of America. How did it become the successor? We don’t know because it was done with an ex orate notice of substitution of Trustee that reminds me of the way they do that in non-judicial states. There, the “new beneficiary” of the deed of the trust pops up put of nowhere and substitutes the trustee on the deed of trust by naming its own controlled entity as the trustee. So the new mortgagee/beneficiary names itself as the mortgagee and then names itself as trustee.

Here in Florida we have much the same thing as the pretender lenders continue their shell game. In the case I was arguing, the Judge was ready to rule in favor of US Bank despite numerous defenses regarding the money, the loan, the standing of the parties, etc. until I asked how the ex lenses of running the properties would be paid. The first interesting thing is that there was no requirement of a factual affidavit, testimony or evidence. I think that is an incorrect application of the words “summary proceeding.”

So the “take no prisoners ” attorney in Miami whips out an order already nicely printed and the Judge tells us to go over it and if there are any disagreements to let him know. This is where the rubber meets the road, where attorneys for the banks are steam rolling over foreclosure defense attorneys and pro se litigants with orders that do not resemble anything the Judge ordered, which was net rents. In similar situations you should have the information rom a securitization report that shows how much the alleged creditors have already received in non stop non refundable advance payments of interest from the Servicer. So far in the case I am handling, those payments total more than $70,000 for each property. how many times does the creditor need to be paid.

So the provision requiring an accounting of course was acceptable, but then nearly everything else in the order amounted to a summary final judgment and the case would be effectively over upon entry of the order, including going back to 2009 for all the rent received since the original notice of default was sent. The proposed pre-printed order contained some pretty bizarre stuff. The Judge had heard the entire proceeding in 10 minutes despite the fact that even the bank had noticed it for 30 minutes and we had said at last 2 hours would be required.

The principal problem that I had and with which the judge agreed was that in a summary proceeding like this it is not the so-called lender that decides what are proper expenses, like the proposed order said, it is the Judge. “Trust me” the bank’s attorney had said to me out in the hallway. I didn’t and neither did the judge.

So we go back into the courtroom with the Order that I found nearly completely unacceptable because I did one thing that most people don’t — I knew I was dealing with a lawyer that would try anything. So I read every word of the proposed order and sat there processing it. This of course was wholly unacceptable to the bank lawyer who was expecting me to skip over the parts where we gave up the litigation and the bank simply won the entire case based upon a summary proceeding that had no evidence.

Upon return to the harried judge, we explained our differences and it became apparent to everyone that the bank lawyer was not really all that clear about what he was asking for and I kept asking clarifying questions, like “are you going to become the landlord?” No he said he didn’t want that. In fact his own client who did not appear, told my client that they didn’t want the rent — which bring up a whole bunch of other problems. So beware of this rents gimmick.

It looks to me that the so-called new trustee doesn’t want and won’t take the rents, and that the whole rent turnover thing is simply a profit center for the attorneys who represent the banks. By asking for authority to represent and taking discovery as to whether the Bank wants the rents, you will probably uncover a conflict, and an opportunity to apply sanctions against the law firm representing the Bank.

In the end, the Judge who was irritated at me for arguing my client’s case, turned to lean more and more against the bank. He said he was close to denying the motion. And then the bank attorney took it one step over the line with the judge and the Judge said he would not sign the order and that the hearing should be rescheduled allowing us to fight another day. The point is that without carefully going over the proposed order, whether you have won or lost, you are leaving yourself wide open to abuse.

81 Responses

  1. LDTX@Michelle
    How do I contact you Michelle

  2. Neil, being a bit the copy-cat, I was inspired to imitate an order my judge signed in chambers for the foreclosing bank, without the hearing I expected, so I have written up an ex-parte motion to which I have attached an order detailing what I want.

    QUESTION: when a judge signs such an order (rescheduling a foreclosure sale to DEC 4) in chambers, is the plaintiff’s attorney, the judge or the clerk supposed to send a copy of it to me (the other side)? Is there some Florida rule of civil procedure that guarantees notice of court rulings?

    Does anybody have a template or copy of a successful FRCP Rule 1.380 EX PARTE MOTION TO COMPEL DISCOVERY?

    Anybody know how to use eCourtesy filings?



  3. Oh My?

  4. Not for anything, but we can bury this. This banter is wasteful.

    The issue I have with you is your tone and insults with/of people. Can’t you cool it? There is enough bad in people’s lives. We do not need to be so critical…there is no silver bullet and you of all people, know it!

  5. And you care….because you speak for ALL of us?

    I certainly hope not. You act like Obummer, apologizing for every action we take. You need to read history woman…IMHO a great deal of it. Regarding the Romans, the Germans, The ENGLISH (your heritage, if I am not mistaken), the Greeks, the Japanese, Chinese, Iranians, Iraq’s, the entire African country…Jeez, have you been living in a cave?

    And compassion and understanding are not Christian…they are what kind, decent people posses. Enough said.

  6. Indeed, writing like a true Christian. No wonder so many people can’t stand this country’s violent and vitrioloc bigotry and so many nations are uniting and pushing it away…

  7. It is a quality that would “BE” readily apparent! Typo….

  8. “Many who post here have had the uncanny ability to rot the entire bushel”…

    Only ONE, if We allow it!

    And for the record…what would you know about Christianity? You are the most “judgmental”, “hateful”, “biased” cringe-worthy person I have had the displeasure to share editorial space with. You know nothing about the human condition, human failings, weakness, fear (outside of your own)…you are abrasive, sadistic and mean! None of which is kind, decent or admirable. One who must tell others how smart he/she is, is not so…as they say! It is a quality that would readily apparent!

  9. Christine, Trust Me, I have seen my share of “Go Out and Sin” all week and go to Church on Sunday and Pray for forgiveness then turn around and commit the same sins again on Monday. It makes me sick they are allowed to exploit charities. Enough said ….

    Take Care Of Yourself!

  10. Be Good and maybe when I get back we can discuss latches, estoppel, SOL and failure to procure a property judicial fc.

    And for a Special Treat … I will give you some tips on keeping the family silver polished and how to keep your Shot Guns cleaned, locked and loaded with Buckshot. Even a blind person cant miss..

  11. KC,

    It never was about you. For one thing, as far as I remember, you’ve never moralized others or gratuitously attacked them because you didn’t like their well-documented message. For another, I don’t recall your throwing the “God” word like other people do to justify their nasty and contemptuous behavior.

    True, some are very good people. You have to admit though that they are increasingly few and far between. Many who post here have had the uncanny ability to rot the entire bushel…

  12. Christine, how many times do I need to remind you to stop throwing out the entire bushel because of a few bad apples?

    To say the Least … This Christian has Prayed today, had lunch at the hospital with her sister who is recovering from heart attack. Someday in your darkest hour …. you should be so lucky to have family and community there to support you.

    Now off to the grocery store to buy cleaning supplies for the Church helping tornado victims.

    Many Blessings To All

    Behave you Two!

  13. “Wow, a good colonic cleanse feels great, christine”. Indeed it does. You should try it sometime: it would take care of all those poisons you “Christian” people are such experts at spewing.

  14. “It’s not for want, on my part, of giving advice”
    …………………………………as the vomit rolls gently off my chin!

    The soothsayer…Nostradamus…or Rasputin here? Hysterical….Hear Ye, Hear Ye…As the toxins braise softly over the chasm of brisk running water to poison the rest of thou worthy, learned, societies that infuse clarity, moral function and decency throughout the earth’s spiral of orbit and cleanse ye-American’s to poignant purity and repent ye sinners for all to follow, as we have egregiously sinned as people like no other!

    Wow, a good colonic cleanse feels great, christine

  15. Justme,

    We are not returning to fishing, hunting, tanning leather, handmaking shoes and knitting sweaters. What will happen is that the US will no longer dictate to the rest of the world how to live while displaying greed, decadence and corruption as it has for decades. It will no longer be allowed to destroy earth as it has, appropriate resources as it as, make and break world leaders as it has and ignore 1/3 of the world population. And the US will no longer start wars anytime it doesn’t get its way.

    World cooperation is the new order of business. The best thing anyone can do for the children is encourage them to learn a couple of languages and travel. Those who don’t are condemned to remaining behind and stuck within the borders of a country in which they will find themselves relegated to dead end lives with no prospect for growth and integration.

  16. KC,

    I’ve explained the problem for years and getting all kinds of flack over it. I’ve predicted what was going to happen and gotten all kinds of flack as well. And I’ve told people what to do: look outside their borders and start learning about the rest of the world and why we are where we are. Sorry but it is not my job to do it for them.

    People continue filing and paying taxes to feed the problem. They keep their bank accountsd with B of A, Chase and the likes. Those who write to their reps or senators can be counted on one hand. Those who sue the banks instead of waiting to be sued… well, ditto! It’s not for want, on my part, of giving advice. A little late now, don’t you think?

  17. Settle down Christine, if your going to scold, then you should not only be explaining the problem, but explaining how to handle it.
    What Do You Say?

    When your family, friends, neighbors and community gets leveled by a tornado or otherwise … its Community that Rebuilds Together!

    Don’t Judge My Actions or My Priorities!

  18. Ahhhh, it’s not all that bad! Fairly cruel, more so to the ppl, the CHILDREN whom will suffer from those whose parents did not teach them how to benefit from the fruits of their labor- as in growing food & preserving it through heat/cold, hunting, sustaining waterfowl/cattle,finding water etc.- rather the “labor” of pushing paper and learning tricks of the greedy trade –
    I am fairly comfortable and cannot help the slight grin that forms on of the side of my face when I think about the foolish, arrogant, selfish greedy asshats humans that will suffer and perish from their own lack of decent humanity. Most the rich bastards hunkered down in their bunkers will be hunted, raided and put down like the dogs they are… of course not before their own despair and loathing has deprived them of what made the want to live in the first place.
    The collective American psyche has rotted into a resemblance of a mindless energy blindly following orders,fueled by fear and stupidity.
    No pain, no gain. It’s going to sting a little, and we will feel the burn for loooong time but hell whats the wait! Good for China to open their eyes! Nothing but happy about that here. The people will pay, and I’d love to yell out “Learn yer fricken lesson yet Amerika!”
    But you know…..we don’t, we won’t…. it will happen again,and again and again…, for now- since I cannot change the idiots around me or anywhere else….I will raise a stink and certainly throw a fit about what I’d like when I can. For now, that would be my house.

  19. KC,

    So far, nothing appears to get anyone’s attention except “What about me? What about me?” Houses come and go. Tornadoes happen. Stuff gets ruined, lost, destroyed and what not. Yet, that’s about as far ahead as the collective American psyche is able to look. That, what to buy at their next trip to the mall and how much hormone laden and Monsanto crap they can shovel down their mouth while driving the car they only come out of to slouch on a sofa getting brainwashed by TV.

    So much for “loving” their children they’re more than ready to stiff with the bleakest future they’ve created through apathy, complacency and abject fear of taking any kind of an action.

  20. Very Powerful Christine, If that does not get their attention, I don’t know what will. Thank You for Sharing

  21. Start saving your food folks, not your money…..
    In other news…..T-minus 0 business days until funday Mondays MSJ…..just get a call saying the mod is in the mail as of Monday. Cute, eh?

  22. This is it. China’s just made its biggest move ever to collapse the US dollar and… not a peep from MSM. I’ve been talking about it over and over for years and so has Iwantmynpv. And Obama is pushing hush-hush his Transpacific Partnership byr selling this country to the global corporations running the world. Again, not a peep from MSM or anyone else, for that matter. So long as people in this country can eat crap and buy, buy, buy, they will allow things to unravel right undernewath their noses. Just peachy!

    You think the house is your biggest problem? Think again.


    Same story all over ,, I have WF as “Trustee” when they were already masterservicer … AND they already secured the AIG payout to BofA 5 years ago, (when can trustee take actions such as declaring a trust eligible for an insurance payout.. an action that lines their own pockets at the expense of the “investors”) no notice when collection rights went to maiden lane , when AHMSI-1st ver sold to AHMSI-2nd ver , OCWEN bought the collection rights and sent a (correct!! when else does that happen) notice that they were a collection agent…

    They’re a mess and the courts are still helping them.

  24. NationStar only purchased the service rights for the Aurora / Lehman Brothers Holding Corp / Depositor Loans.

    I just wrote a big piece on that one. The assholes at Nationstar actually send a welcome letter naming the Trustee of the Pool as the owner of the note, ad than claim they are the owner and the holder of the same note.

  25. I am pretty darn sure they are missing some (or mannny) CUSIP’s!
    JP morgan chase is CPTA but not the DC….they say call fed reserve…..Connecting the dots is so fun :/
    Thought I had it figured out and WHABAM.


  27. Yves Smith writes:

    “If you have a system that requires that people sell their labor as a condition of survival, yet fails to provide enough opportunities to sell labor to go around, you have conditions for revolt.”

    I’d add:

    If you have a system that doesn’t allow for a level legal playing field, one that only caters to the rent seekers: lock and load. It’s five till midnight, on the old Rev 2.0 clock.

    This stuff is not only untenable, it’s becoming like a flywheel going way passed prescribed rpm’s. Grab hold of anything sturdy, as the gyrations are exceeding safe operating limits as we write.

    And that’s OK. Let it fly apart. It would be much easier for the 99% to rearrange life on terra firma post-elite, rather than to continue to cater to the idiots in power; the monocle clad, silk vested, silver-spoon-in-nostril-buffoons who desperately seek to destroy not only the entire planet, but each and every one of us in the process of their resource plunder. They see us as expendable. I see it 180* from there. We can easily do without them…with our eyes closed. They are at most .01%. We make up the rest of that math equation. Screw Hank Paulson. And Timothy Geithner. Screw everyone on their speed dial list.

    Let’s rearrange the deck chairs on this voyage, save for this time…. we’ll exclude all of them, each and every one. Let’s sail to directly above the Marianas Trench. Bon voyage assholes. Enjoy the trip to your new home, the dark mucky bottom. Fuck each and every one of you.

  28. Thanks Deborah ,,

    Here’s the direct download link for the goodies ..

  29. Like ripples on the ocean carie

  30. Great info on the WAMU loans. Anyone have any info on this about Aurora or Nationstar? Nationstar claiming to be the successor of many of the Aurora loans?

  31. Humanity is coming out of the cave! Rev 2.0…a spiritual revolution is what will change the world—yep!

  32. “…DOJ growing a set of balls…”

    KC—if they did they would lose their job and livelihood…nothing changes if nothing changes…the system(s) are crumbling…Rev. 2.0, as E.Tolle says…

  33. Many of the Injured just want made whole again,

    But Nobuddy wants to claim successor rights and accept liability.

  34. Its our 6th Anniversary, 5+1 = 6 .. Still Here . Still Angry .. Still Blessed . Still Giving Thanks for All the Unknown Blessings yet to come.

    Java, I wish I could help you, I truly do!
    Each contract is different, state laws vary. non judicial states suck.

    The Title does all the Talking …. many of us have been scared/injured from days gone bye ….

  35. Re that link
    Like point 3

  36. I have 2 houses. Both mortgages in spouses name. None in mine !!! One was foreclosed (fighting it) one was modified ( in good standing, but thinking about going on offensive)…..what say you KC ??

  37. Ok .. to much hammering this week. Time to get a good nights rest.

    Keeping all my Ducks in a row and Nailing those Lil Peckers down is a Full Time Job.

    I’m beginning to think the odds of someone in the DOJ growing a set of balls has the same odds as me growing a set myself.

    TeeHeeheehe… Sweet Dreams ……

  38. Not only is the lenders side deals not recorded, but there is something else not recorded.

    Why didn’t I think of that?
    Oh, I remember … I failed Creative Language.

  39. RE: I CAN’T be held responsible for the debt the bank incurred collateralizing MY NOTE (in personam) securing it with my HOUSE (res) that was never recorded as security for the lenders’ side deals.

    Yep that’s Hubbys take on it!

    KCs take on this …

    The Household Estate CAN”T be held responsible (liable) for the debt the bank incurred collateralizing MY HUBBY NOTE (in personam) securing it with OUR HOUSEHOLD LIFE ESTATE (res) that was NEVER recorded as security for the lenders side deals.

  40. Who needs credit anyway?

    They control the credit reporting .. Right?

    Don’t Live on Credit and They Have No Control Over You!

    DUCT TAPE!!!!!!

  41. KC gets the Gold Mine and the Borrower gets the Shaft aka KC( non-borrower) gets the Estate and Hubby (borrower) gets BK.

    KC Hubby Very Berry Grumpy! He was a Good Boy!

    KC goes to Court files her Claim ..
    Hubby goes to Court …files against nobody, anybody and everybody to protect his “Future Estate”.

    Everybody Goes to Court … What a Game! Who wrote the Rules?

    KC says … Play Nice and Play by the Rules!


  42. RE: I CAN’T be held responsible for the debt the bank incurred collateralizing MY NOTE (in personam) securing it with my HOUSE (res) that was never recorded as security for the lenders’ side deals.


    KC agrees, … Everybody is going to court … sooner or later.

  43. RE: ” exactly what with who have we modified, judge? ”

    KC says … You are acting like a Silly Boy, Young Man.

    You know you can not question the Judge. lol

  44. RE: “debt collection/extortion/racketeering operation with so many alter-egos, faux parties, un-names co-conspirators”



  45. Oh and UKG… I know dag gone well who the undisclosed beneficiaries are .. Oh Yes I Do!

    On a Larger Scale … “God Help Us” All! The Federal Reserve?

  46. UKG., RE: ..So, when Wells added their endorsement to the Note after foreclosure but prior to my BK filing……..and made themselves the PAYOR……

    Imagine if the now zombie already endorsed the note years earlier in a fc action. I would say the current pretender has problems.. wouldn’t you? Do you suspect that is the reason the second (and Criminal) slander to our title was done by BOA? Or was it a Chance for a “Free Get Out of Liability” Card?

    The Rule is Strike 3 and You are OUT!

    The batter has stood frozen for 3yrs.

    I say Swing Dag Gone It or Walk!!

    Game Over!

  47. This should help them UKG…

    In finance, the net present value (NPV) or net present worth (NPW)[1] of a time series of cash flows, both incoming and outgoing, is defined as the sum of the present values (PVs) of the individual cash flows of the same entity.

    In the case when all future cash flows are incoming (such as coupons and principal of a bond) and the only outflow of cash is the purchase price, the NPV is simply the PV of future cash flows minus the purchase price (which is its own PV). NPV is a central tool in discounted cash flow (DCF) analysis and is a standard method for using the time value of money to appraise long-term projects. Used for capital budgeting and widely used throughout economics, finance, and accounting, it measures the excess or shortfall of cash flows, in present value terms, above the cost of funds.

    NPV can be described as the “difference amount” between the sums of discounted: cash inflows and cash outflows. It compares the present value of money today to the present value of money in the future, taking inflation and returns into account

    The NPV of a sequence of cash flows takes as input the cash flows and a discount rate or discount curve and outputs a price; the converse process in DCF analysis — taking a sequence of cash flows and a price as input and inferring as output a discount rate (the discount rate which would yield the given price as NPV) — is called the yield and is more widely used in bond trading

    iwantmynpv …

  48. UKG, sent you an E-Mail, ISTC

  49. and of course JG and KC and everyone else (don’t think we’ll hear from Maher).

    are we not reconstituting the asset as a high NPV loss to the bond?

  50. I spoke with somebody recently about the Chase/WaMu issue and was unable to find the paperwork. Here comes FCF with the link to the settlement spelling it out in no uncertain terms: Chase bought NOTHING. Thanks to shelley and FCF for getting it up right away. You too, KC. You are sounding quite incisive as to your explanations. Keep hammering away.
    I also suggest another turn: we have some folks out there “post-modification” who have fallen into that “31% of income” trap that hammers them again. Those modification docs “re-affirm” the
    “closing documents”. Make the point that if that is indeed true, their can be no other holder and beneficiary than the originator. If that’s a defunct corporation or one who was non-existent (AWL), exactly what with who have we modified, judge? This is a sham debt collection/extortion/racketeering operation with so many alter-egos, faux parties, un-names co-conspirators, undisclosed beneficiaries and derivative performance contracts attached to my note and name that I CAN’T be held responsible for the debt the bank incurred collateralizing MY NOTE (in personam) securing it with my HOUSE (res) that was never recorded as security for the lenders’ side deals.

    Paragraph (9.) from my note:
    If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the ull amount owed. Any person who is a guarantor, SURETY OR ENDORSER of this Note, is also obligated to keep all of the promises made in this Note. The NOTE HOLDER may enforce its rights under this Note against each person individually or against all of us together. This means that ANY ONE OF US MAY BE REQUIRED TO PAY ALL OF THE AMOUNTS OWED UNDER THIS NOTE.

    from: MULTISTATE ADJUSTABLE RATE NOTE-6-Month LIBOR, Index, Form 5520 3/04 EC106E Rev. 9/21/04

    So, when Wells added their endorsement to the Note after foreclosure but prior to my BK filing……..and made themselves the PAYOR……

    how about that TolleHouse?

  51. Successor Liability … YES JG! YES!


  52. Two More Important Questions …

    1. Whose Name is on the Bond?
    2. Who is the Seller?

  53. kc – well, whatever that says, it says they are concerned about SUCCESSOR LIABILITY. Successor liability – territory where few have dared. Why aren’t there homeowner defense attorneys specializing in this? I don’t believe banksters may distance themselves from origination fraud or shananigans. Yes, there may be a statute of limitations (not with fraud?), but can’t one make a stand on when one reasonably learned of the fraud or shananigans? Like if you get a copy of your loan app and golly gee that’s not your signature. Like if you provided tax returns and your income on the loan forms is not consistant with what turns out to be on the loan appl you were asked to sign in blank? How are you supposed to know you’re not supposed to do that? The lender knows. Courts say we defaulted (based on hearsay generally imo), but as neid pointed out, it’s with no regard whatsoever for the ‘details’ which among other things would or might demonstrate predatory lending, if not fraud. Does everyone think it’s a hopeless cause? I don’t. I think maybe our arguments just aren’t lined up right. And I say if people couldn’t make their payments, the guy who made the loan and the underwriter probably knew it and knew it better than the borrower. That the laws against predatory lending are being overlooked wholesale is literally an outrage – maybe just another one, but still an outrage.

  54. Here is an example of how to connect some dots.

    Find the Investors name:
    Example: Merrill Lynch, Pierce, Fenner & Smith fka Banc of America Securities LLC

    Find at the name of Law Firm Partners of the Plaintiff
    Example Pierce and Associates

    Find the pretender lender partners on the Note:
    Example: 1st Advantage Mortgage dba

    “I Think Not”

    Oh wait … Maybe..

    Yep… one as the same

  55. Dag Gone It! … My Passion for Truth & Justice is Showing Again.

    It Always gets me into trouble.
    God didn’t grant me the strength to turn a blind eye …

  56. Go E…I get it!

  57. Leah Dean, can you please contact me? I have some Questions for you.

  58. Java,

    Agreeded. I’ve already moved on and I’m in another house. I’ve been out for about 6 months but I still keep fighting. They won’t grow tired because they have an infinite source of funds. Honestly, I’m fighting out of principle.

    I probably have a better chance of winning the lottery but I fight anyway. I do think that you will get farther than those that don’t by fighting. Also, I know many will crucify me for this comment but I think if offered a reasonable loan mod I’d take it because your chances of winning where I live are unheard of. They’ve pretty much legalized this hole system of fraud.

  59. I’m sorry to say , I am finally starting to think , things are never going to change for the better, the truth, the law, etc……I will keep fighting pro-se and taking punches, as I was hoping their will would grow tired by now , but now it looks like the best I can do is cause them to spend lots of money on lawyers. I don’t see where the light at the end of tunnel is.

  60. Folks, please don’t be guilty of furthering the bamboozlement foisted upon the courts by the banksters by using unprecise terms to describe the players in this game. I tried to explain trustee for the loan is different than an MBS trustee to my neighbor while her eyes glazed over. She sorta understood a loan servicer is different from a Master servicer, but could be the same entity. And it was my understanding for my FNMA loan that FNMA became the trustee of the loan, who was different than the MBS trustee, who was different than the Master Servicer, who was different from the loan servicer, who was different from the loan trustee. So the statement that the trustee of the B of A mortgages was US Bank by succession sounds incorrect since loan trustees have to be substituted by the beneficiary and recorded in county property records.

  61. “The corp must become lawfully organized and ratify the pre-corporation contract. Until those two things happen there is no legally cognizable right.”

    I was just going to say I don’t believe it, but I’m getting on the bandwagon: “I’m thinking not.” I actually think that would make a fine

  62. neid – caught that, too. etc. ri di CU lous, the whole thing

  63. And I love the comment, “I’m thinking not.”

    Splain’s me to a tee.

  64. Come on Christopher King, as a guy with a law degree and a constantly running video camera, I’d expect you’d try and correctly name parties to a suit in your movies. Journalism 101, ….right? Uh….legal problems….uhm….201….right?

    You first mention America’s Wholesale Lender, Inc., with a vague reference to CT’s Silberstein. Then you name America’s Home Lender as the originator.

    Have you read these cases? I’m thinking not. Would you like a coffee?

  65. EULE ,


    ” should not retain claims relating to loan origination or collection practices and whose facts would needlessly entangle the litigation in unrelated, fact-intensive issues.”

    We sure don’t want to get mixed up in those FACT things when we can just pass the buck.

  66. I am glad , I don’t live in Georgia :

  67. Similar thing has happened to me with the confirmation of sale. No hearing needed supposedly. It’s pretty simple, Neil, you need to file complaints against the judge and opposing attorney. Also, homeowners need to be on the offensive and start suing the banks.

  68. There more. In the ongoing case of Countrywide v. America’s Wholesale Lender, Inc. a Recon Motion filed 4 days ago dovetails with the Silberstein case only deeper:

    As to the fact that “America’s Home Lender” is Jane Mair’s purported originator (who then somehow transferred to MERS…. and with the fraudulent ReconTrust folks also in the mix) that is impossible but the California Federal Court is helping BoA sweep things under the rug. I will not allow that; a movie is coming soon with Dennis Bell. My interview with him today:

    “You have 3.5M in loans to a corporation that did not exist. When you enter into it parties cannot be bound or claim a right to a contract. The corp must become lawfully organized and ratify the pre-corporation contract. Until those two things happen there is no legally cognizable right.

    I have 200 lawsuits by BoA NY Melon or Deutschebank filed to foreclose and what they claim in the lawsuit that the loan was made to America’s Wholesale Lender, Inc. so that way it all makes sense to invoke jurisdiction of the court then they internally refer to themselves as America’s wholesale lender and leave us out of the loop and it’s business as usual. They want to say we are infringing on them but really it is just the opposite.”

  69. forgot to add- not an attorney, pro se, through no fault of my own.

  70. you know I get sick of folks saying things like Gene- ” if you would take the time to research, I mean , really, got a lifetime gene,
    the point is not attacking but looking deeper- not that it gets easier , but if we don’t know that US Bank bought the entire “Trust Division” of B of A then it should be some where in US banks disclosures to the court, if you don’t know who is in court- you don’t know, but they sure do, – concealment- since facts that affect the outcome (AKA fooling the judge) that are known is a real potential problem for them later- if you prevail, hence RAISE it, raise hell if you have to, other wise, yes you will be abused they have no heart, remember that, as Neil points out, they are prepared to do anything. hope one day they will be accountable for every act and non act that made us all suffer.

  71. Neil,

    This article is in fact so true. As you know, I have been fighting off Bank of America on Foreclosure for coming up on 3 years all on my own using strategies from attorney blogs. As a matter of fact, Appointment of Substitute Trustee has been in my land records filed on 3 different occassions January 2012, June 2013 and August 2013.
    The home is up again for foreclosure auction by Recontrust 1/7/2014. Here is what I found last night which once again proves the are fabricated documents. When I go to the Land and County Records in Texas, when the Chain of Title is pulled, you can not see these documents as the Banks have became very smart. The document is filed under subdivisions, under Bank of America, CWABS 2007-2 and is filed all over the place. You have to do due diligence to find them.
    What I discovered last night going into the Land Records of Dallas County and Harris County, the notary signature is all over the place looks different on over more than half of the documents I purchased.
    I am filing a complaint today with the Secretary of State after I have the complaint form notarized. Folks the banks are snakes in the grass. Low belly crawling sneaky full of venom snakes. You have to watch your records daily. Watch Recontrust in your State as your home will pop up at anytime and if you miss it they got you. I am a individual with a securitized mortgage 155397447 under CWABS 2007-2. I have the Pooling and Service Agreement in my possession and the FWP with 155397447 listed in the pool of loans. I also found where MERS Christine Daymude filed Appointment of Substitute Trustee on behalf of America’s Wholesale Lender in October 2011 which was 4 years and 9 months after pool closed. If you have to fabricate documents to get them in the land records without anybody being able to find them you are a devious human being and deserve to spend the rest of your life in federal prison. Another thing if you want to find these people signing fraudulent documents these idiots are stupid enough to be on the Social Network Linked In. I found one who is signing as Attorney in Fact for Bank of America and the person does not even work for them.

    Have a wonderful day and keep up the Great work! I love your Blog.

  72. LDTX77503

  73. Neil is perfectly correct is saying that “proposed Orders” prepared by plaintiff (“bank”) attorneys are pre-loaded and abusive. I NEVER agree to any such Proposed Order and I would advise you to fight against them tooth and nail. One obvious way to defuse the “proposed order” BS is to go submit your own, alternative, proposed Order. When YOU write it, then it will be considerably more neutral.

    If you ever get into a situation where there is a demand for turn-over of “rents” or for so-called “protection of creditor position payments,” always move to have them put into an escrow account. That keeps the plaintiff attorneys from running off with the cash. You get to fight another day.

  74. Neil,

    If you would spend time in research, you would know that US Bank bought the entire Trust division of B of A in 2010. At that time, they became successor Trustee for all the Trusts that B of A was Trustee.

  75. Hey Mary Ella,

    In NC too, have Mathias Hunoval put the note in his own corporation…a no-no…talk to me…where are you in NC?

  76. I hear you Neil. And these attorneys are going all out to “fool” the courts. In our non-judicial state of NC, they are switching trustees at the last minute so that the former trustee can now feed from the other side of the trough and represent the bank for the same case. Our state bar is looking at a complaint on this tactic. It seems to be adverse to our CPR 166, conflict of interest. We even had a substitute trustee tell the homeowner last week that as a “substitute” trustee, he was not required to be neutral. I believe that the pressure we are putting on them is beginning to create cracks here in our county. Unfortunately, non-judicial hearing clerks are not educated enough to know a bluff when they see one.

  77. Prepare your own ahead of time as well. Several of them for different outcomes, just in case 😀

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