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The guest this week is Danielle Kelley, Esq. partner in Garfield Kelley and White, LLC, and a veteran of the foreclosure wars. She will be talking about enforcement of modifications, trial payments and when forbearance agreements become settlements. Hosted by Neil Garfield. Sponsored by Livinglies, GTC Honors, Garfield Kelley and White and contributions to the LivingLies website from listeners like you. Additional sponsors may apply.

Let’s get together and do some work on how to convince a judge or prosecutor that Wall Street corruption does make a difference and should never be allowed.

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You know the subject — the biggest economic crime in human history and the price investors and homeowners are paying for it. You know the goal — claiming your rights, defending your home and recover damages from wrongful foreclosure and predatory loan practices. The format of the 30 minute show will be news, analysis (or guest interview), and question and answer. It is just like the old teleconferences we had, only better. You can start a chat with me on the side, call in for a question, or write in comments.

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9 Responses

  1. My friends, I desperately need your help. After reviewing my Assignment of Deed of Trust I noticed some things that were definitely wrong. The assignment is with Citi Mortgage. The first thing I notice is that it was dated July 26, 2013, which is really crazy because the transaction was conducted back in 2006. The second thing that jumped out at me was the Signature. It is signed by a Geraldine Ann Belinski and her title is Vice President, so I decided to track down this Vice President. I finally reached the office where she worked at Citi Mortgage and I asked to speak to Vice President Belinski. Low and behold the Gentleman that answered the phone stated that she was not the vice president but a mere processor. So armed with that information and some issues with my second mortgage with Wells Fargo, which is securitized I decided to file a complaint with the Office of Comptroller of Currency. My complaint was based on the fact that there is a Cease and Desist order against both banks to stop the robo signing. I have not yet received a response from Wells Fargo, but Citi responded by saying “Our records indicate Geraldine A. Belinski is a certified appointed signor for Mortgage Electronic Registration Systems Inc.” What I need help with is, I need to know if she can in fact work for Citi and be a certified appointed signor for MER’s as they stated. Also is she signing the document as a Citi Vice President or MERS Vice President. I need to know because if this is in fact illegal Im going to keep pushing this up the Government Chain of Command until I get some answers. It makes no sense to me that they would initiate a Cease and Desist Order and not take any action when the banks are still clearly doing this. Thanks for your help in this matter James. 443-677-2799.

  2. This is what is happening while you are all distracted by Wall Street shenanigans…just “look up”:

  3. Montana reverses the trial court’s summary judgment for MERS, discussing whether MERS meets the statute’s definition of beneficiary as a matter of law:

    We find that the definition of “beneficiary” is clear and unambiguous. The section
    lends itself to only one interpretation, namely that the beneficiary is “the person named . . . in
    a trust indenture as the person for whose benefit a trust indenture is given or the person’s
    successor in interest” (emphasis added). Section 71-1-303, MCA. The Lenders argue that
    MERS received a “benefit” from the DOT even though MERS did not lend the money and
    has no right to repayment. The alleged benefit is title to the property in the event of
    foreclosure. However, the DOT was not given for the benefit of MERS but for the benefit of
    the lender. MERS may ultimately obtain some benefit based on its relationship with the
    Lenders but that benefit is not granted by the DOT. See Edwards v. MERS, 300 P.3d 43, 49
    (Idaho 2013) (“The deed of trust was not given for the benefit of MERS or to secure an
    obligation owing to MERS. It was given for the benefit of Lehman Brothers to secure the
    obligation owing to it. Although MERS may obtain a benefit based upon its relationship
    with Lehman Brothers, the deed of trust was not granted in order to provide MERS with that

    Arizona’s statute is similar in that it also specifies that a “beneficiary” under a deed of trust is defined as the person named in the trust deed and “for whose benefit the trust deed is given.”

    The court also cited law from other jurisdictions as this was an issue of first impression for Montana. MERS’ agency argument was not properly asserted at the trial court so that was part of the reason it was rejected by the appellate court but it also said:

    With a more complete record, other courts have refused to recognize MERS’ agent
    status on summary judgment. A New York Bankruptcy Court refused to grant MERS agent
    status because its membership agreement with lenders contained no grant of authority to
    MERS. In re Agard, 444 B.R. 231, 252 (Bankr. E.D.N.Y. 2011). That membership
    agreement is notably absent from this record, even though a principal-agent relationship
    requires consideration of all facts and circumstances between the parties. Dick Anderson
    Constr., Inc., ¶ 22. The membership agreement could be dispositive in this case as actual
    authority requires the principal’s manifestation of assent to the agent’s action. Restatement
    (Third) of Agency § 3.01; § 28-10-201, MCA. The Supreme Court of Oregon also found that
    MERS had not sufficiently established its agency theory because no evidence showed “who
    ultimately holds the relevant interest in the notes and trust deeds, and whether that person
    and each of its predecessors in interest conferred authority on MERS to act on their behalves
    in the necessary respects.” Brandrup v. Recontrust, Co., 303 P.3d 301, 323 (Or. 2013). The
    evidence is missing here as well; the DOT only states that “Borrower understands and
    agrees” that MERS’ was a nominee of the lenders, not that the lenders themselves granted
    MERS authority.

  4. No investigations….let them toss themselves off the rooftops. Let’s provide shuttle busses from Wall Street to Manhattan’s tallest buildings. I’ll drive.

    Bon débarras, imbéciles!

  5. Arizona Appellate Court Clears Up Confusion in Foreclosure Cases
    “The Steinberger court recognized that the point of listing securitization facts is to establish a timeline that may show that the transfers in a purported chain of title cannot be true, if the note was in fact transferred to a securitization trust by a set closing date. This is relevant to the beneficiary’s claimed authority, not an attempt for the homeowner to be claiming rights or enforcement under the third party securitization documents.

  6. Ut Oh ….

    Maine lawyer: ‘We were shocked’ to learn of robo-signing

    Three lawyers with a Portland firm could be disciplined for failing to take ‘reasonable’ actions

  7. IMHO no way these deaths are accidental or suicides. Investigations NEED to be underway!

  8. A Rash of Deaths and a Missing Reporter – With Ties to Wall Street Investigations

    By Pam Martens: February 3, 2014

    Senator Carl Levin’s Permanent Subcommittee on Investigations Is Probing Global Banks’ Involvement in the U.S. Commodities Markets

    In a span of four days last week, two current executives and one recently retired top ranking executive of major financial firms were found dead. Both media and police have been quick to label the deaths as likely suicides. Missing from the reports is the salient fact that all three of the financial firms the executives worked for are under investigation for potentially serious financial fraud.

    The deaths began on Sunday, January 26. London police reported that William Broeksmit, a top executive at Deutsche Bank who had retired in 2013, had been found hanged in his home in the South Kensington section of London. The day after Broeksmit was pronounced dead, Eric Ben-Artzi, a former risk analyst turned whistleblower at Deutsche Bank, was scheduled to speak at Auburn University in Alabama on his allegations that Deutsche had hid $12 billion in losses during the financial crisis with the knowledge of senior executives. Two other whistleblowers have brought similar charges against Deutsche Bank.

    Deutsche Bank is also under investigation by global regulators for potentially rigging the foreign exchange markets – an action similar to the charges it settled in 2013 over its traders’ involvement in the rigging of the interest rate benchmark, Libor.

    Just two days after Broeksmit’s death, on Tuesday, January 28, a 39-year old American, Gabriel Magee, a Vice President at JPMorgan in London, plunged to his death from the roof of the 33-story European headquarters of JPMorgan in Canary Wharf. According to Magee’s LinkedIn profile, he was involved in “Technical architecture oversight for planning, development, and operation of systems for fixed income securities and interest rate derivatives.”

    Magee’s parents, Bill and Nell Magee, are not buying the official story according to press reports and are planning to travel from the United States to London to get at the truth. One of their key issues, which should also trouble the police, is how an employee obtains access to the rooftop of one of the mostly highly secure buildings in London.

    Nell Magee was quoted in the London Evening Standard saying her son was “a happy person who was happy with his life.” His friends are equally mystified, stating he was in a happy, long-term relationship with a girlfriend.

    JPMorgan is under the same global investigation for potential involvement in rigging foreign exchange rates as is Deutsche Bank. The firm is also said to be under an investigation by the U.S. Senate’s Permanent Subcommittee on Investigations for its involvement in potential misconduct in physical commodities markets in the U.S. and London.

    One day after Magee’s death, on Wednesday, January 29, 2014, 50-year old Michael (Mike) Dueker, the Chief Economist at Russell Investments, is said to have died from a 50-foot fall from a highway ramp down an embankment in Washington state. Again, suicide is being presented by media as the likely cause. (Do people holding Ph.D.s really attempt suicide by jumping 50 feet?)

    According to Dueker’s official bio, prior to joining Russell Investments, he was an assistant vice president and research economist at the Federal Reserve Bank of St. Louis from 1991 to 2008. His duties there included serving as an associate editor of the Journal of Business and Economic Statistics. He also was editor of Monetary Trends, a monthly publication of the St. Louis Fed.

    Bloomberg News quotes William Poole, former President of the St. Louis Fed from 1998 to 2008, saying “Everyone respected his professional skills and good sense.”

    According to a report in the New York Times in November of last year, Russell Investments was one of a number of firms that received subpoenas from New York State regulators who are probing the potential for pay-to-play schemes involving pension funds based in New York. No allegations of wrongdoing have been made against Russell Investments in the matter.

    The case of David Bird, the oil markets reporter who had worked at the Wall Street Journal for 20 years and vanished without a trace on the afternoon of January 11, has this in common with the other three tragedies: his work involves a commodities market – oil – which is under investigation by the U.S. Senate’s Permanent Subcommittee on Investigations for possible manipulation. The FBI is involved in the Bird investigation.

    Bird left his Long Hill, New Jersey home on that Saturday, telling his wife he was going for a walk. An intentional disappearance is incompatible with the fact that he left the house wearing a bright red jacket and without his life-sustaining medicine he was required to take daily as a result of a liver transplant. Despite a continuous search since his disappearance by hundreds of volunteers, local law enforcement and the FBI, Bird has not been located.

    When a series of tragic events involving one industry occur within an 18-day timeframe, the statistical probability of these events being random is remote. According to a number of media reports, JPMorgan is conducting an internal investigation of the death of Gabriel Magee. Given that JPMorgan, Deutsche Bank and Russell Investments are subjects themselves of investigations, a more serious, independent look at these deaths is called for.

  9. I was wondering if lawyers now are taking foreclosure suits on a percentage basis as opposed to fee only. Seems with triple damages per enity there would be a lot of money for them as opposed to personal injury.


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