Rhode Island Supreme Court Steps Forward for Borrowers

Slowly but surely it seems that the court system are now taking notice of the fact that there is something intrinsically wrong with both the mortgages and the foreclosure process. In this case the Rhode Island Supreme Court specifically found the grounds that could establish that the mortgage was not validly assigned. This case was about whether or not the homeowners case should have been dismissed. The Supreme Court decided that the homeowners case should not have been dismissed.

But in this case the court affirmatively stated that defects in the assignment process would void the assignment and thus defeat the foreclosure.

Paragraph 12 of the complaint alleges: “On or about September 10, 2010, MERS attempted to assign this Mortgage to Aurora. * * * Theodore Schultz signed. Theodore Schultz had no authority to assign.” Thus, the plaintiffs have alleged that the one person who signed the mortgage assignment did not have the authority to do so. This allegation is buttressed by other allegations in the complaint. Paragraph 13 states that “Theodore Schultz was an employee of Aurora, not a Vice-President or Assistant Secretary of MERS.” Paragraph 17 alleges that “MERS did not order the assignment to Aurora.” Finally, paragraph 19 contends that “[n]o power of attorney from MERS to either Theodore Schultz or Aurora is recorded and referenced in the subject assignment.” These allegations, if proven, could establish that the mortgage was not validly assigned, and, therefore, Aurora did not have the authority to foreclose on the property.(e.s.)

SEE Chhun v. Mortgage Elec Registration Sys Inc.

The court also addressed the issue of standing and of course the related issues of standards for review on appeal. In view of decisions like this that are becoming increasingly frequent, the new strategy of the banks is to file for foreclosure in the name of the originator or some remote controlled entity of the broker-dealers. Bank of America has spawned numerous new banks and other entities (e.g. EverBank and Urban Lending Solutions)  In order to put distance between BOA and the irregularities of both the mortgage closing and the foreclosure; and BOA has filed numerous actions where it initially stated that it was the servicer for an undisclosed third-party owner of the loan and then later retracted the allegations of its complaint stated that it was in fact the lender at all times material to the mortgage and the foreclosure.


154 Responses

  1. Might be something you can use against BOA towards the end of article

    Sent from my Samsung Galaxy™ S II 4GLivinglies’s Weblog wrote:

  2. 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. jsmith5915@msn.com 443-677-2799.

  3. To understand why making a conveyance to MERS in a mtg would be helpful to the banksters, one needs to understand some basic stuff and to believe that a goal was to avoid the trust foreclosing / doing business. Merger: in the doctine of merger,” the lesser interest* (lien or one of the two forms of title – legal / equitable) merges into the larger interest”. Huh? Well, long and short, the lien (mtg) is the lesser interest in real estate than title. The title is the greater interest. This was written about the mechanics of f/c with a dot:

    “Under the doctrine of merger, certain significant things happen with foreclosure. A full credit bid extinguishes the collateral instrument as a matter of law. The lesser interest*, that created in the deed of trust for the beneficiary, merges with the greater interest, the fee, when the lender / beneficiary is the successful bidder at sale. This means the successful bidder is the recipient, grantee, of the trustee’s deed, is now the holder of fee simple absolute to the real property. It is only the beneficiary who has a right to make a credit bid, and this right flows from the beneficiary’s rights in the note which the deed of trust secures.” If a third party buys at sale, he’s the new owner of fee simple title; the mtg is extinguished (leaving only the lender’s right to a deficiency judgment on the note where allowed).

    This is an outtake of a lengthier blog here – okay, mine (written about dots but still relevant to mortgages):


    By implementing a conveyance in a mortgage, which is supposed to be a lien, the banksters were assured that MERS, and no one else, i.e. a trust, would, by the doctrine of merger, end up with (fee simple) title. How else could they have introduced MERS in a mtg, which is only a lien? There is NO “beneficiary” named, only the same guy on the note, the lender. It’s a two party instrument – borrower and lender (not three, like a dot: borrower, trustee, and beneficiary, all relevant to the trust created in the deed of TRUST). It was “very bold” of them – imo read unlawful – to 1) include a conveyance in a lien and 2) make that conveyance to “MERS”.

    If the lender were the ben, then that party OR its successor or assignee (allegedly trust) would take title by a successful credit bid. If the lender were the mtgee in a mtg, same thing. This was what was sought to be avoided. I’d be interested in seeing a trustee’s deed based on a mtg. As I’ve said, if there’s one to a trust, I’d certainly be surprised. Did they actually vest title by merger in MERS’ name or did they use some other machinations to actually name yet someone else?
    Got me, but I swear the intent was to avoid the trust taking title / “doing

  4. “”Borrower covenants that Borrower is **lawfully seized of the estate hereby conveyed*** and has the right to mortgage, grant and convey the Property, that the Property is unencumbered, and that Borrower will warrant and defend generally the title to the Property against claims and demands whatsoever, subject to any declarations, easements or restrictions…. ”

    KC – lay opinion here. That simply means the borrower is “covenanting” aka is stating affirmatively that he owns the “estate”, which is generally the fee simple title to the property, and has the right to use it as collateral for the loan, that there are no other loans or encumberances against it, and that if one shows up – that you knew about mol – you will defend the lender / beneficiary against it. Certain things may be encumberances senior to a lender’s first mtg which don’t negatively impact their first mtg by, say, moving them into an unintended second position, such as easements or some deed restrictions (these don’t). An easement for a public utility is generally one such easement. If a neighbor’s easement for ingress and egress (go in an out of his home over your land) is of public record, which it generally is, it’s not a problem per se, but the title co. will require an endorsement to title to “insure over it”, just as they require one for CC&R’s. When one buys a home in a comm with CC&R’s, the CC&R’s generally “run with the land”, as does an easement. There’s really nothing mysterious about this language.
    My problem with any mtg v dot is that, as i’ve said, news to me, big news, a mtg now contains words of conveyance. Don’t claim to be particularly knowledgeable about mortgages (v dot), but was taught mtg was merely a lien, i.e., no conveyance of any title. Imo, that was more of that gang’s plan (and in my view unlawful) to allow MERS (read servicer) to foreclose. I’m horrified by this (the conveyance), I tell you. A lien establishes someone else’s rights, the lender’s, but that doesn’t include stinking title (or like I said, news to me).

  5. Charles Reed,

    You are an imbecile. I did not give you advice to do or not to do anything. I just pointed out that you are a moron who talks out of turn, understand nothing, questions everything and does jack shit.

    I knew you had serious limitations. You clarified to which extent for me. I am done addressing you.

    What a load! No wonder this country is finished! It manufactures illiterate idiots and not much else.

  6. Christine and you the expert here? Why would I want to do some research on not paying taxes? Your giving me advise to break the law and it something I don’t want to do, so I am this loser??? So long Cristine as your not a rational person!

  7. Charles,

    Mixing apples with oranges.

    Figure out what you stand for. Stop wasting time posting on useless sites and do your research. Decide what you want to accomplish and DO IT. Coming here day in, day out. unfocused and discombobulated, won’t make it happen for you and it won’t help anyone else. This site is like group therapy from which no one ever graduates, gets healed and moves on.

    Do or don’t: there’s no try. Life is not a rehearsal. You action today determines what happens to you tomorrow. And whatever the result, learn from it and MOVE ON. Take risks, understand what’s at stake, have a plan B and MOVE ON when things didn’t pan out as you wished.

    Or… keep coming here, do nothing, complain about your lot, justify your lack of action and fall farther and farther behind. Free will. Nobody can teach you the system. Learn on your own and take action. Obviously, you have access to internet and you can research. Just do it. That’s how I found my attorney. But I had to do my homework first in order for him to want to take my case. There’s no shortcut and nothing you read here will make it happen for you.

    Do your homework. Stand for something or fall for everything.

  8. @Christine almost half the population are not paying Federal taxes if the are married with children making under $35K or so because of standard deduction.

    Look as a black male and having a black male son, I am well aware of America jailing policy as minority male make up about 60% of the total population.

    People cannot find an attorney to represent then to get their properties back so how are all these folks expected to defend themselves over taxes?

    I don’t have the ability to calculate what all the cost of running everything and I feel we pay to much, be the fact is I don’t know exactly what goes into everything right now, but I do know what going on in the mortgage loan sage which I think is coming to a head for a lot of folks.

  9. Please google: IRS and Grace Commission and be enlightened. Pres. Reagan commissioned this.

  10. Charles,

    “I think people should pay taxes because they want all these services.”

    Don’t compare yourself to Wesley Snipers: he had real, taxable income according to the code. Capital gain, royalties, commissions and such. Do you? Then, of course you must pay!

    To whom, though? And for what purpose? “All these services”… name them all and show us how they compute with what is actually collected. Just for kicks.

    People who trade their time to barely survive so that they can go on some more to make barely enough to survive are not subject to income tax. There’s nothing to discuss about that. Do your research.

    Oh! And jail can’t be that bad. Otherwise, this country of less than 5% of the world population wouldn’t house 25% of the world inmate population. Or would it…?

  11. And as JG says … the public records are fraudulently recorded.

    Everybody is going to court sooner or later.

    Now, …. Now is Good Time! 🙂

  12. MERS did not order the assignment … they will never admit who.

    Without all the unpublished facts in the recent case,… I would say the beneficiary daughters parents had an estate held in t.i.e. and only one spouse held the debt. Thus.. the beneficiary of the non borrowing spouse (who had a will), and a beneficial heir who likely lived on the property caring for her parents … ( occupancy).

    I suspect sumbutty was trying to snooker her our of her beneficial interests in her parents estate.

    No Objection equals Radification of the Trustees NOT IN THE BEST INTEREST OF THE TRUSTs action.

    Good Attorney she has!!!

  13. I don’t take kindly being taxed in triplicate anymore than you do, I don’t take kindly to having my retirement funds embezzled, I don’t take kindly to getting the losses dumped on me.

    I Bite back …..

  14. Replace the words IRS with Banksters … since one seems to control the other. Play both sides … pay taxes and protect property.

    There are methods for protecting income and assets so that, no matter what the Bankster terrocrats do, it becomes difficult for them to violate our unalienable rights to own property and the fruits of our labor. One way is to use Trusts.

  15. I still disagree with you Christine, .. on paying your taxes. I see people get sent to prison for tax evasion, I see families lose their homes for not paying RE property tax day in and day out.

    For those of you who didn’t take the time to read the link Christine posted below … I would like to point out … it does mention how to beat them at their own game.. this is how the Big Boys do things.

    •There are methods for protecting income and assets so that, no matter what the IRS terrocrats do, it becomes difficult for them to violate our unalienable rights to own property and the fruits of our labor. One way is to use Trusts


    Oh.. I agree with Christine .. take your money out of TBTF banks and their investment scams.

  16. Christine I personally meet people going to jail for not paying taxes, and I heard the argument that one does not have to pay taxes, but that about winning in court your argument, but the other end of that argument is facing a prison sentence.

    I agree that monies are mismanaged but at this point I don’t agree that people should not pay taxes, and I think people should pay taxes because they want all these services.

    Maybe because I think there should be a draft as an ex-service member and watch and listen to all these couch patriots who are not willing to protect this Nation.

    But until we figure this crap out I want people to pay their taxes!

  17. Charles,

    And you base your assertion on… what?

    Quote the exact article of the IRS stating that income earned by trading your time for just enough money to survive but not enough to maintain your body (your only vehicle; the one without which you don’t exist) is taxable. Review the tax code.

    And by all means, keep paying if it makes you happy by giving you a clear conscience or by appeasing your unfounded fears. It is a free country: do what makes you feel free. The number of people refusing to file, let alone pay, and who fight the IRS in court and win is growing every years. That tells me that I read right and so do all those people. We’re big enough to mismanage the money we earn and we won’t delegate that job to anyone.

    Read, learn, research. The following is a start. There are plenty more people who studied the code, realized they were suckers asnd decided to break that pattern of berhavior.


    It’s all out there. Stand for something lest you’ll fall for everything. Standing isn’t done on LL. It’s done in court.

  18. Christine where are people storing their money, and who do they believe? You have base your point of view on what you believe is taking place with out government, however for people to simply stop paying taxes is something these people sold Wesley Snipes on the ideal and last Apr 2013 he finished his 3yrs sentence.

    We as a nation have to pay for all the thing we enjoy, as simple the military, air safety or highways etc. But I do get what your saying in the bloated cost of our government but we just cannot abandon what we all help to create unless we are willing to deal no government until we find something better?

  19. Charles,

    I never said you were a horrible writer. I said that I didn’t understand your prose most of the time.

    As far as writing to anyone, it makes no difference. Refusing to file taxes and withdrawing all money from banks is what it will take: anything you stop feeding dies. I first said it 3 years ago. Didn’t make any difference: people would rather cave to an imaginary fear and wait for government to take charge than act and create the change they want.

    Making no decision is still a decision. Taking no action is still an action. Except that, in either case, you don’t have a crack at controlling the outcome.

  20. Christine I agree with you that we should have done like Iceland as this was something created by the banks, and I feel that Ben Bernanke always wanted to recapitalize the banks after some large crash, and his mindset was the key to the banks actually hiding what they stole and being able launder back into the system.

    The US taxpayers were BSed into TARP and $16 trillion the Fed printed (electronic) and given as zero to .5% loans, but while these Wall Street bums are crying about the homeowners helped alone with Obama repeating the same thing. But how is it capitalism when the government is bailing out the banks!

    As you have pointed out Christine I am a horrible writer if you can call me that, but in Jan 2009 I wrote President Obama about Bernanke and said he was either a tool unknowingly or he knew this was all a plan, but no matter what he wanted to recapitalize the banks.

    Now we got a new head at the Fed, SEC, Treasury, FDIC and OCC so I see when caught, indirect the blame goes to these old head and Obama once again acting as if he did not know anything was wrong!

  21. Charles Reed

    “But is collectively all our debt for the program we allow our government to enact.”

    We do what Iceland did: we let go of the banks, we shut down the Feds and government, we throw those bums out and start rebuilding this country from the grounds up. And we tighten out belt. As a freind of mine is fond of saying: “There are no two ways about it: the fat ones will have to slim down and many of the skinny ones will die.”

    Start with taking a stand against feeding into the problem.

  22. Intl concern about the rate at which the Fed is creating dollars…
    Excellent interview with Dr. Paul Craig Roberts (former Assistant Secretary of the Treasury) on the international currency crisis:

    Intl concern about the rate at which the Fed is creating dollars…

    “If we save the banks, it will knock the dollar off its role as the international reserve currency… [which has been happening increasingly faster] one or the other has to go – either the banks or the dollar – if you are going to support the banks indefinitely, then the dollar is going to go… if you are going to save the dollar you’ve got to let the banks go.

    That’s the big decision that awaits the Fed. That decision will have a big effect on the price of gold – if the Fed says we are going to save the dollar and let the banks go, then that will be bad for gold. If they say we are going to let the dollar go and save the banks, that will be good for gold…

    They may have to make this decision by June of this year.

    The biggest financial danger we face is the collapse of the dollar as the world reserve currency. This would bring a far greater crisis [Craig actually brings up WWIII as the unavoidable outcome] than the collapse of three or four big banks.”


    This guy’s got the necessary credentials to make that kind of prediction. Better listen… Either way, something’s got to give.

  23. Here what I believe it kind of look like in these large settlements, where they are trying to keep them as a procedure mistake, where they blaming it on underwriting as to keep it Federal and act as if it got no effect on the states or homeowners.

    However its not the jump that kills you its the sudden stop. Meaning there no show of damaged if loan where badly underwritten or those documents falsified, until the loan defaults and a insurance claim is made and paid out.

    It the documents that are forged and used at the local courts to gain control that is also the crime along with claiming an insurance claim! By claiming underwriting, HUD is acting as if only they were only the victims, yet and they or other agencies are not the blame for not regulating sale and sound banking practices.

    I bet that part of the reason Szymoniak and her team filed this new case, but in reading her original suit the reason for this new suit is she claimed no direct knowledge of MERS as it pertained to FHA and VA loans being abused. She was informed of the Ginnie Mae pools abuse, and only now see how much damaged is being claimed.

    Her claim is over 2yrs after my claim and Sen Warren already last year in writing as the asked all these agencies about were was the Federal Government at in recovering this money after my letters to her!

  24. Like I said the Judges and Politicians are wasting precious tax payer dollars for the banksters shinanigans.

    All roads lead back to “Produce the Note”.



  25. christine I can see now the government doing it base on our huge National debt. So we must ask is the debt our and what obligation all of us have in paying it off. So if China and Japan demand that our debt to them is paid in full, what is our options but pay or default?

    Do we cry and say it not my debt? But is collectively all our debt for the program we allow our government to enact.

  26. Funny how it is always the same players: US and England.

    Funny too how all of Argentina’s bank records in Buenos Aires just happened to be destroyed in a massive fire in the theftproof, fireproof, undestructible Iron Mountain fortress… just when Argentina is publicly refusing to pay its unsustainable debts to… US and England and in the process of seriously investigating the past 50 years of its sorry history and CIA and NSA’s involvement in its misery.


    Right, KC: some things are better not being thought out loud… Watch your bank account very carefully. Enjoy it too while you can.

  27. And there is that little matter of bank accounts. Amazing how it is always a joint effort of the US with England. Libor, Forex, every recent bank scandal is always the brain child of the same two players. So, while more and more countries nationalize banks to protect citizens, US and England concoct a new and improve way to stick it to their own people.


    And don’t forget to look at Argentina and the massive Bueno Aires Iron Mountain fire that, conveniently, just destroyed ALL of Argentina’s bank records, along with a substantial amount of US, Asia, So. America and Europe’s. Might it have to do with Argentina refusing to pay its unsustainable debts to… the US and England?


    Right, KC: some things are better not thought out loud…

  28. Research firrea and tarp

  29. And KC, there is a point where “I didn’t know” doesn’t fly any longer. Where keeping silent by cowardice and fear actually attracts attention on you: that point is reached when more people use their brains than not and more people take action than not. Actually, historically, that point is reached at the 10% level: when 10% of the population wants change, it happens.

    Over 50,000 Americans refused to file a tax return in 2013. The number is expected to grow exponentially this years. I, for one, am waiting for IRS to contact me and start asking questions. Know why? Because that’s the day I’ll go back 30 years and ask for all of it back since day one! Like almost 80,000 people are determined to do.

    Besides, not one regulatory agency is doing its job anyway. No point in keeping any of them around. Remember? In the end, you’ll still croak. Not important. What kind of planet will you live to your grand kids? What’s their inheritance? ‘Cuz your trusts funds and whatnot ain’t gonna cut it: the mighty buck is going down, down, down…

    One more thing… when change happens because 10% actively took part in making it happen, the remaining 90% learn very, very fast to keep their mouth shut even if they don’t like that change they never did anything to make happen… Isn’t that amazing? Keep quiet now and suffer or keep quiet later and still suffer?

    There must be a message somewhere in there… Oh yea! You’re the change you want to see. So, if you don’t want to think out loud, you must find your pleasure in what’s going on in this country. Or… masochistic is an intrinsic part of your character.

  30. KC,

    “Some things you don’t think about out loud.” Right! And cowards who enslaved generations, misued their money for so long by giving it to the war machine, with the silent blessings of the population (those things you don’t think about out loud, mind you) wonder why the entire world wants to see this country… well… tamed, ruined, and in the hands of nations who do care about individuals and whose priorities are truth, peace, education, healthcare, environment, zero-point energy, etc.

    This country is done. Too much is coming out too fast: this country doesn’t have friends any longer. And the rest of the world is waiting to see what it does when the industrial military complex is gone3 and it can no longer clackmail, threaten and kill any president into submission any longer.

    “However, what can be documented is that for 240 years, a large portion of our tax dollars – and countless American lives — have gone to line the pockets of the multi-national military industrial complex.
    American Involvement in Wars
    * American Civil War 1861-1865
    * Spanish-American War 1898
    * World War I 1917-1918
    * World War II 1941-1945
    * Puerto Rican Revolt 1950
    * Korean War 1950-1953
    * First Indochina War 1950-1954
    * Vietnam War 1953-1975
    * Laotian Civil War 1953-1975
    * Lebanon Crisis 1958
    * Congo Crisis 1960-1965
    * Bay of Pigs (Cuba) 1961
    * Colombian Conflict 1964-present
    * Invasion of Dominican Republic 1965-1966
    * War in Bolivia (Execution of Che Guevara) 1966-1967
    * Korean DMZ Conflict 1966-1969
    * Cambodian Civil War 1970-1975
    * Soviet War in Afghanistan 1979-1989
    * First Gulf of Sidra 1981
    * Lebanese Civil War 1982-1984
    * Invasion of Grenada 1983
    * Action in Gulf of Sidra 1986
    * Bombing of Libya 1986
    * Operation Ernest Will (Iran-Iraq War) 1977-1978
    * Second Gulf of Sidra Incident 1989
    * Invasion of Panama 1989-1990
    * Persian Gulf War 1990-1991
    * Iraq No-Fly Zones (Iraq-Kurdish Conflict) 1991-2003
    * Operation Restore Hope (Somali Civil War) 1992-1994
    * Bosnian War (Yugoslav Wars) 1993-1995
    * Operation Uphold Democracy (Haiti) 1994-1995
    * Operation Infinite Reach (al-Qaeda) 1998
    * Kosovo War (Yugoslav Wars) 1999
    * War in Afghanistan (War on Terror) 2001-2011 (ongoing)
    * Operation Enduring Freedom-Philippines (War on Terror) 2002-present
    * Operation Enduring Freedom-Horn of Africa (War on Terror) 2002-present
    * Second Liberian Civil War 2003
    * Iraq War (War on Terror) 2003-present
    * War in Northwest Pakistan (War on Terror) 2004-present
    * War in Somalia (War on Terror and Somali Civil War) 2006-2009
    * Operation Enduring Freedom-Trans-Sahara (War on Terror) 2007-present
    * Al-Qaeda Insurgency in Yemen (War on Terror) 2010-present
    * Libyan Civil War (Arab Spring) 2011
    * Lord’s Resistance Army Insurgency (Africa) 2011-present
    It is evident the FEDs has perpetually kept our country at war and conflict.
    They have done this by keeping Americans feeling under eternal threat, both at home and worldwide, thereby justifying taxes for what is made to appear as desperately-needed protection.

  31. Kc- thank you for that last link


    February 7, 2014


  33. Its a big jump going from giving a lien to the formation of a trust in an instrument that forms an ESTATE, then turning around and making the Estate the borrower.

  34. Look.. my husband borrowed $149,000.

    The title to the estate was used to leverage a $236,000 loan
    (the amount they trying to collect from the Estate (me))

    There is the Note and the (Note and Instrument together )

    The Note (1) is for $149,000
    The (Note (2) and Instrument together) is $236,000

    They stole title to your estate, made the estate the borrower for $236,000 to cover note (1) plus advanced fees = Note and Instrument Together.

    READ The Security Instrument.

    Note AND (Note and Instrument Together)

  35. Violations pursuant to the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (“FIRREA”), 12 U.S.C. §1833a. 2

    Lost Fruits ..

    This action arises out of Defendants’ loss of its investment by congressional enactment under the Troubled Assets Relief Program “TARP” for charging off and writing down the outstanding balance against purchaser and all other defendants and or indispensable parties to claims that include the purchasers and registrant against the titleholder and consumer household.

  36. Fortunate for us this Property didn’t have an existing lien like most of yours. But it did have a Revocable turned Irrevocable trust encumbering it, and continued to encumber it until 2010, at the point I offered full tender. They didn’t except …

    That’s when NOA sent for taxes and ins not yet due.

    Its all about the timeline …… ~~

  37. I agree .. in a community property or martial asset states that a spouse of the borrower may grant permission for her spouse to leave his beneficial interests to another party pending repayment of a debt.

    However .. I Disagree the Trustee for that Beneficiary has the Right to Transfer MY half of the Life Estate held in T.I.E. in an irrevocable trust.

    Dear Mers VP/Sec, at whose request did you transfer KC and her Sunshine Band (beneficiaries) interests in the estate?

    Who? Whooo ? Whoo Who? Silence …

    Tax Bil? Buttttbbbbbbbbbbbuuuubbbbbwipe!!!

  38. They offered a contract they had not intention of enforcing because they knew at the time of the transfer into trust the Mortgage was unenforceable.

    Hence no lien ….

  39. In a Mortgage if you transfer title the creditor can call in on the …

    “Due on Sale Clause”” ..

    If transferring assets into trust .. (transferring title) it is always best to get the creditors permission in writing. Its also best for the Plender to get ALL parties with an interest in the Estate to sign the Note. There is a REASON for that!

    As per the instrument .. Hubby and Me estate transferred with permission into trust irrevocably. Cant come after the Estate on the debt of only one of the parties to the estate.

    I have beneficiaries ….

    The End comes when one of these events occur …

    “DUE ON SALE ….
    End of Life Estate …
    BK EState ….
    Abandon the Estate..
    Tax sale

    Just sayin… No Grits to Kiss Here.

    **Baking Cookies**

  40. If someone claiming to act as trustee for only one beneficiary sends a hitman claiming to act on the behalf of all the beneficiaries but denies any knowledge of the act …… JUST SAY NO!

    In the Shadow Banking World … I Like to say ……

    “Scratch That One”

  41. Don’t Sign Nuttin ..
    Keep Your Butt Parked ..
    Take care of your Trustee Duties yourself, tax. ins, maintenance.

    Deed to Land is Good … Title to the Houses are LOST! Liquidated

  42. RE;RE; RE: If the trust is expressed in the instrument creating the estate of the trustee
    ……….. a beneficiary may ratify the act of a trustee.

  43. Irrevocable Living Trust

    “”Title to the Estate”” the whole dag gone kit and kabbodle was Granted into a Irrevocable Living Trust.

  44. Seisin used in the normal course of events is of two kinds, “in law” and “in deed”. Each carries with it a differing strength of tenure. It came to be said that later that in the conveyance of a fee by deed of feofment there must be livery of seisin.[2]

    Seisin in law[edit]

    “Livery” (or delivery) by “seisin in law” occurred when the parties to the transaction went within sight of the land to be conveyed and the transferor declared to the recipient that possession had been granted. This constituted however only an incomplete conveyance.

    Seisin in deed[edit]

    By physically entering onto the land the transferee converts or “delivers” his seisin in law into seisin in deed. Instead of a physical entry on to the land, sometimes a token of the land (e.g., a turf, or similar) would be handed over ceremoniously, (see “turf & twig”; cf. the handover of “earth and water” by political entities subjecting themselves to the Persian Empire, which thereafter considered their rulers its vassals). A tenant seised in deed as well as in law thus had obtained the best legal title to his tenure available

  45. Neidermeyer, stumbled on this and thought it might be of interest:
    (can’t find your comment to see if the case were asked to be dis’d or just their mtn for sj).

    “The United States Supreme Court has held that a lower court may impose sanctions under Federal Rule of Civil Procedure 11 after a plaintiff files a voluntary notice of dismissal. Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 395 (1990). The Court noted several other collateral issues over which federal courts exercise ongoing jurisdiction, including “costs after an action is dismissed for want of jurisdiction,” attorney fees, and criminal contempt charges. Id. at 395-96.”

    everyone else: a fraudulent instrument still sitting on the record, as I posited, is an ongoing offense . Someone a few weeks ago linked a deal with a title co in IL that settled (as I recall) some civil charges. Think they entered (an infamous) consent order. But, unlike others, they were ordered to rectify the situation and to assist anyone who asked them to do so.
    This is more than we’ve seen elsewhere. Anyway, a fraudulent recordation is an ‘instrumentality of the crime’ of stealing someone’s home.* It’s continued existence on the record is an ongoing offense, as I’ve posited. In criminal law, there’s a deal called “fruit of the poisonous tree”, as anyone who watches cop shows knows. It generally comes into play when a search warrant is defective or there wasn’t one. Anything obtained as a result is considered tainted and inadmissable. The tree / warrant was defective, so then is any ‘fruit’ it bears. I’ve never seen or heard of this premise used in civil litigation, but all the same, that’s what we’ve got here: getting the house is fruit of a poison tree / a fraudulent assignment.
    *I don’t know the reasons, if any, our allegations should be or must be limited to fraudclosure / wrongful foreclosure because stealing a home is something like grand larceny (?) and I see no reason that changes just because the weapon wasn’t a metal gun. It might as well have been. The pen (okay computer) has become a very mighty, heinous weapon. Today, for Americans, the pen IS mightier than the sword. I mean, really, a stroke of some servicer grunt’s pen and there goes someone’s prize possession. Does anyone know for a fact that we’re limited to allegations which don’t clearly say what it is (theft)? Ever seen it?

  46. Seisin is the legal possession of a feudal fiefdom (i.e., an estate in land). It was used in the form of “the son and heir of X has obtained seisin of his inheritance”, and thus is effectively a term concerned with conveyancing in the feudal era. In the feudal age the king alone “owned” all the land of England by his allodial right, all his subjects merely held tenures in fiefs, that is to say estates-in-land.

  47. JG, he took out a note to buy this house as out new primary residence/retirement ranch home. I had intended to sign a mortgage giving lien on the property… yes.

    But inside the Instrument “The Mortgage” was the creation of an Trust creating the Estate … granted and conveyed into Irrevocable Life Trust.

    “”Borrower covenants that Borrower is **lawfully seized of the estate hereby conveyed*** and has the right to mortgage, grant and convey the Property, that the Property is unencumbered, and that Borrower will warrant and defend generally the title to the Property against claims and demands whatsoever, subject to any declarations, easements or restrictions….

    an estate is an interest (in land, etc.)
    seized means he is owner. He may or may not be in possession of the property. If he owns a property which is leased, for example, he will certainly not be in possession but will still be owner.

    RE; RE: If the trust is expressed in the instrument creating the estate of the trustee, a beneficiary may ratify the act of a trustee

    Imagine my shock?

  48. compare to this:


    Guess it depends on who’s doing the scamming.

  49. http://dsnews.com/morgan-stanley-announces-1-25b-settlement-with-fhfa/#.UvagbrQ7WRM

    We can add this to our collection of civil settlements.

    It’s not more offensive to call a criminal act by its name than to commit the criminal act.

  50. Kc, I haven’t figured out what your situation is. Something like: your husband got a loan – he signed note and dot and you signed only dot.
    Stop. As far as I know, that simply means he obligated himself to the debt $, you didn’t, but you did agree your home could be the collateral for his loan. stop. In my strictly lay opinion, it means he and your home are liable for the debt, but you’re not personally liable. stop. Bottom line of that is one can lose her home, but no one may get a def judgment against that person who didn’t sign up for the money obligation. lay opinions – remember. stop.
    And then something like there was a trust, the home was in it when it was purchased, but the trust was toast because? and then someone pretended it wasn’t toast?

  51. Bad Bad EstateTrustee!
    Only we have the Authority to Replace thee …

    Don’t know about that, Kc, but you manage to make me think of stuff.
    I don’t know too much about common law trusts, I guess they’re called. As to the dot, the trustor creates the trust for the ben of the beneficiary.
    In a common trust (?), say, I want my kids to have something. I create a trust, put some goodies in it, and designate a trustee and that will be someone I trust, not so much the kids, maybe. Seems to me I’m the one who may change the trustee, not the kids, because their designee may be someone who wouldn’t ‘interpret’ anything according to my intentions, briefly. Of course, that should be in the trust docs and say I have the exclusive right to sub the trustee. But what if it’s silent?
    The dot informs us the ben may sub the trustee, but is that necessarily exclusive? Could we sub the trustee? In order for us not to be able to, wouldn’t there have to be a determination that the dot stating the ben could was (clearly) meant to be an exclusive right? If not, what’s to stop us? Just thought I see if anyone has any thoughts of her own before I forgettabout it.

  52. NG, since the standard for dismissal seems to differ materially in fed court v state court (as evidenced in the case you posted), maybe you would spend some time on it here? thanks

  53. What is it called if the dates on all recorded paperwork shows that Bank B assigns to Bank C…. ….BEFORE ……Bank A assigns to Bank B ????????

  54. They are becoming Canibals again. This is what they due with real potential Whistleblowers.



  55. There’s an inherent conflict of interest in having a company’s own employee execute an assignment to that company, no matter what hat he alleges to wear.

  56. Theodore Schultz, the guy who signed the “MERS” assgt in the post, was an employee of Aurora Loan Services in Scottsbluff, NB and then Aurora Bank when the bank (formerly known as Lehman Bank, I think) bought als or its assets. I heard that als filed bk. He’s now listed as a fin analyst for Nationstar (got a promotion?), which took over Aurora’s servicing portfolio. He’s not a MERS’ employee and never was. Schultz has changed his profile at linked, but I have his old one somewhere, and there has never been any stated affiliation with MERS – not now, not then. His profile / resume lists no education.

    One thing missing imo from the Chunn v MERS et al case is the allegation that MERS itself never received an order nor authorization itself from anyone – last note owner – to assign the mtg. MERS has a fiduciary as an agent (bah) to anyone for whom it’s an agent. Hardly see how that’s being honored when members can do what they want for a payment to MERS.

    neidermeyer, if you’re in a position to oppose the voluntary dismissal, I hope you will. Tough call, I’m sure.

  57. RE; As you know I hold the keys to the kingdom… and have a very big question about why the data begins AFTER the AIG payoff , doesn’t acknowledge the cash infusion, and why it’s provable that neither the investors (don’t get pissy with me over definitions .. I mean the certificate buyers) nor the borrowers (me) benefitted

    KC; I agree, but the Estate did and didn’t/doesn’t know it and fails to state its claim.

  58. @neidermeyer it been a long time coming and I like to be the second one wish you luck, but stop you don’t actually need luck at this point because you right, and now the courts are understanding the scheme!

  59. Good luck neidermeyer, have at ‘em. I hope you rip them all a new one, by the thousands. What is sorely needed is absolute, undeniable exposure of intentional criminal acts by these heathens. Oh wait, that happens on a daily basis. Never mind.

    Maybe when you get through revealing their heist, they’ll be a run on Home Depot nail guns and the problem will be solved for us. I can dream, can’t I?

    That’s the only way this situation can be rectified, seeing as how Obomber and Placeholder have granted the banking community full diplomatic looting immunity. I, for one, am looking to move to a democracy, if there’s one left on the planet.

  60. @ CharlesReed ,

    AGREE 100% with the “WF will pay just like JPM” ,, I may go “dark” soon on this site ,, my plaintiff (WF as TRUSTEE) just filed to voluntarily void their MSJ win… As you know I hold the keys to the kingdom… and have a very big question about why the data begins AFTER the AIG payoff , doesn’t acknowledge the cash infusion, and why it’s provable that neither the investors (don’t get pissy with me over definitions .. I mean the certificate buyers) nor the borrowers (me) benefitted from the (this was pre AIG bailout so no ML2/government involvement) ~$700M insurance settlement … There is only one party that could have received the $$$$ …. and they aren’t entitled to it ,, they are just middlemen collecting fees that didn’t put up any money.


  62. We fired our servicer and his sub servicer after they stole our escrow funds.
    Billed us for Taxes…
    Filed NOA in the amount of the tax and ins not yet due and payable.

    Bad Bad EstateTrustee!
    Only we have the Authority to Replace thee …

  63. So what, unless you have a barrel of money……. You get no where……money plenty of it TALK S……if no money….. No home…..it is that simple

    I hired two different attorneys and they both screwed me

    Joe. Bontello from fall river, ma. Made me get a forensic audit and then says to me….”I DID NOT THINK YOU WOULD DO IT” AFTER I SPENT 1500.00 FOR AUDIT AND GAVE HIM ABOUT 4,000.00 MORE.


    these attorney s have found a way to get rich quick….. BE REAL CAREFUL

  64. Hubby had a $149,000 loan.
    They wanted me to refi or mod my $236,000 loan.

    Fixed % no early payoff penalty.


  65. Mailbox flooded with junk mail addressed to KC …

    “Let us Refi Your Loan” “You may qualify for a loan Modification”

    KC KC KC

    KC not a borrower. KC a Trustee and Beneficiary of the Estate.
    Don’t know what you are talking about.

  66. Irrevocably? Hello …..

  67. RE: If the trust is expressed in the instrument creating the estate of the trustee, a beneficiary may ratify the act of a trustee.

    JG… Anyone?

  68. If the ” ” trust is expressed In The Instrument……

    Creating the Household Estate (a corp)..
    ( warranted and granted free of all liens…)

    of the “” Trustees and their Beneficiaries.

    A beneficiary may ratify the act of a trustee, but they don’t have to.

  69. Christine, I see where you see the possibility of murder considering they were pawns to a higher power, but kid yourself not about their knowledge and participation. If they died not by conscious.. then by the seeds they sew.

    Some things you don’t think about out loud.

  70. Big clean up going on worldwide. Took a while to get here but it slowly is. Very optimistic. Might get a whole lot worse before getting really better but things are moving in the right direction.


    Factbox: Members of U.S. Congress who are leaving office
    WASHINGTON Tue Feb 4, 2014 3:07pm EST

  71. Neidermeyer,

    I’ve followed what’s going on with those suspicious bankers’ death worldwide very closely and I would have expected people to pick up on it. Not here. Too busy calling “void” something that hasn’t even yet been declared “voidable” by any regulatory agency, and wasting a considerable amount of time and energy not approaching the court properly, shooting from the hip and making banket, groundless sweeping statements and running after the same, unproven chimera.

    Can’t be bothered by this rash of murders disguised as suicides… and God forbid they would start putting 2 and 2 together! Much easier grabbing at Garfield’s straws and using everyone of them to… lose their cases!

    The world’s happening and people continue graduating in ridiculous trivia and nonsense.

  72. Hey .. Lets just sue the whole bunch.. beneficiaries and all.

    Notice my Dear Waston .. Notice

    When you get Notice … Object! No No No

    If you don’t/didnt get notice … you go on the ATTACK!

  73. @neidereyer Wells Fargo acts as the mortgage servicer and was the start of my journey. They were and are the servicer to the 1.3 million government insured loan from the Jul 31, 2006 deal. They got a a big problem that just now going to be realized because JPMorgan now settled there crap over the WaMu deal.

    You got 1.3 million FHA & VA loans where the borrowers think that Wells Fargo purchase their loan when in fact there was only a servicing agreement, and the servicing agreement is not valid because WaMu was not technically in possession of the Notes as they already endorsed and relinquished to Ginnie Mae.

    Now as with Countrywide and they never actually physically transferred the blank Notes, but all the large servicer act as the custodian of records which is actually an extension of the who is the holder of the Notes.

    However it must be understood that Ginnie Mae cannot receive mortgage payments as they are not authorize to collect payment because they are not a lender and the did not purchase the debt.

    Wells Fargo is going to have to pay HUD just like BOA with Countrywide in Jan 2012 for $2 billion at least for their scheme with WaMu as its the same type deal!

  74. If the trust is expressed in the instrument creating the estate of the
    trustee, a beneficiary may ratify the act of a trustee

  75. Oh .. I mean no grits to Kiss. Speed Reading Issues ..lol

  76. that’s a good observation, kc. tell people to default and then get them to write a hardship letter as “evidence” they would’ve defaulted, anyway (by saying they need a hardship letter for the mod).

  77. LOL JG! you’re gonna be hungry.

    Trustee of Land
    And beneficial right there in ….

  78. KC@9:03 – I don’t know. Chances are no one who might need to know in order to ratify even knows of the act. I don’t personally believe loans are modified on behalf of any trust. On fnma loans, for instance, fnma’s guarantee has changed the field. When fnma has guaranteed payment, why would anyone take a loan mod? If I remember, fnma says the loans have to be “repurchased” to modify, just as they do to foreclose. First time anyone sees a trust’s name as the other party to a loan mod, let me know and I’ll kiss yer gritz in time square.

  79. Default or the Likely Hood of Default. If you misjudged (ha) the likely hood of default and acted on it ….what would you do?

    Get them to admit a hardship …. to cover your ass?

    (along with a few other fraudulent misleading statements, waiver of liability and such in the mod application itself)

  80. If the trust is expressed in the instrument creating the estate of the
    trustee, a beneficiary may ratify the act of a trustee.

    Like.. not Objecting to the Act?
    Would that be Ratification of the Act?

    Like a Loan Mod?
    Help me out here …..

  81. Master Servicer … ?

  82. “NY Estates, Powers and Trusts § 7-2.4

    Act of trustee in contravention of trust

    If the trust is expressed in the instrument creating the estate of the
    trustee, every sale, conveyance or other act of the trustee in
    contravention of the trust, except as authorized by this article and by
    any other provision of law, is void.”

    Some people out there who disagree with Glaski (I’m trying to see what’s up with it) say things like that a beneficiary may ratify the act of a trustee, just as a corporation may ratify an act by its officer, say. But that isn’t possible when the act to be ratified is void as a matter of law. They cite info and cases like this, none of which are on point as the acts being ratified in these cases are lawful:

    “106 N.Y. Jur. 2d Trusts § 431 (“[T]rustee may bind trust to an otherwise invalid act or agreement which is outside the scope of the trustee’s power when beneficiary consents to or ratifies the trustee’s ultra vires act or agreement.”);see also In re Levy, 893 N.Y.S.2d 142, 144 (N.Y. App. Div. 2010) (explaining that “[t]he essence of ratification ‘is that the beneficiary unequivocally declares that he does not regard the act in question as a breach of trust but rather elects to treat it as a lawful transaction under the trust’”) (quoting Bogert, Law of Trusts and Trustees § 942”

    And there’s no evidence the trustee has accepted a tardy assignment and or that it won’t be considered a breach of trust by the beneficiaries even if not void.
    As I’ve said, I’d like to see a secn trustee’s acceptance of a late assignment. I’m bothering with this because some writers have been rather vocal about these misperceptions on other blogs.

  83. I have NOT once seen a Lawsuit to FC filed by the Master Servicer. I’ve Never seen anyone claiming to be Master Servicer.

    Has anyone else?

  84. Clearly it states in Writing, the Plender of the Note does not service its own loans. They transfer/sell those rights.

    Who the Master” Servicer?

  85. Check out ZeroHedge on the “suicide” ,, the comments are hilarious


  86. @ Charles Reed ,

    Is there any data regarding Wells Fargo and the servicing that’s public? For the most part they take the role as Master Servicer and contractually unload the money losing (PSA required) “servicer advances” onto sub-servicers … Is there perhaps a limit to what the sub-servicers are required to lose…

  87. “A” man ,,

    Every song Casey wrote was about his homosexuality ,, That’s the way I like it … Shake your booty .. Get down tonight ,,, keep it coming love …

    The funniest though was “Frankie goes to Hollywood” ,, I used to see little kids with the FGTH “RELAX” T-Shirts … they had no idea that the hit song was written by the HIV infected lead singer of a gay club house band or that the song was about refraining from ejaculation as long as possible to prolong gay sex.

    Good songs though …

  88. LOL Aman! I have UKG to thank for starting that. 🙂

  89. As I told everyone here the rescinding is on, as Wells Fargo tried to sell out some of its mortgage servicing portfolio but it been blocked by the court. Now JPMorgan trying to sell $390 million of its non-performing loan. They are selling these loans because they cannot foreclose on these loans.

    So let see we got $390 million in loans not paying yet we cannot foreclose so you ship them out to a collection type servicer to restructure these loans.

    Attorneys are letting all this payday get away from them!

  90. neidermeyer … that does not surprise me. They cant face what they created and are taking the cowards way out, leaving the rest of us to clean up the mess. If that’s possible.
    That Turkey Was on My Black List …


    4th Financial Services Executive Found Dead; “From Self-Inflicted Nail-Gun Wounds”

    The ugly rash of financial services executive suicides appears to have spread once again. Following the jumping deaths of 2 London bankers and a former-Fed economist in the US, The Denver Post reports Richard Talley, founder and CEO of American Title, was found dead in his home from self-inflicted wounds – from a nail-gun. Talley’s company was under investigation from insurance regulators.


  92. Calm down KC my Boy, I prided myself in the term NEVER changing at the closing table, and if there was some error I would authorize the processing team to take it out my commission, because I did not want the customer to have a bad taste in their mouth on one of the happiest day of their lives.

    Now I don’t know what type of program they switch you to that was better than prime, but it seem you got hook up into some bait and switch deal at the last minute.

    Although I don’t like the way you are acting now, but I going to tell you to look and see if somehow your loan was attached to the LIBOR if you got some sort of ARM and take that information to the State Attorney Gen and Justice Dept, as JPMorgan was fined for rigging the LIBOR.

    I never sold offshoot loan products, and if you shared more maybe I or somebody here could lead you to better than no money at closing!

  93. Their Answer … We got you better terms,

    KC … but the Note Rate is the same

    Them … but we got you a better deal, less fees and lower down payment *thousands*.

    I know dag gone well what they did ..
    That’s NO EXCUSE for your Participation in it
    You have the Nerve wanting REWARDED for it to!!

    Jamie Boy?

  94. I already told you, you also have reading comprehension skill issues don’t ya boy?

    When we got to closing .. the Lender had changed, no one said anything until I questioned it.


  95. RE: I regret not becoming a banker and stealing all your houses

    ???? Do you suppose that kind of attitude gets you help?


    I got an inside ….. the Rooof .. JPMorgan Chase Bank

  96. Who the lender KC and why did you go with them instead of one of the larger lenders?

  97. Behave KC? Anybody?

  98. Why does these threads always break out into a WWE cage match every month or so…….I follow the posts almost daily, and yet I still have no idea what starts these fights ????

    I regret not becoming a banker and stealing all your houses….you people couldn’t stick together for 5 minutes if your lives depended on it ……hard to believe !

  99. Prime Rate! Fixed! 🙂

  100. RE: Your problem KC is your not truthful ?

    KC: Not only did we put cash down, we paid all the closing fees upfront.

    I’m not a gambling person, heck I don’t even buy lottery tickets. A Penny Pincher .. per say.
    But if my choice were between the lesser of two evils …
    I would go with 50,000 ft. .. Better Odds of Success?

  101. No KC it was 2008 and was not a Elizabeth Jacobson money but a 12hr x 6 days a week for years doing 30 loans a month that were all 50% Prime & Government insured. I worked at a bank with no subprime clown.

    Your problem KC is your not truthful with your loan situation but if you were you may have received the correct information as to what was done to you if anything. But are you trying to just jump on the gravy train?

    I believe if your working for the good of people God lead you to where you need to be, and he put you in the situation he trained you to do you entire life, but you did not actually know what that mission was.

    You should be looking into whether you lender steered you into that bad loan you had. Were you qualified for a better loan than what was offer? I believe this started with us because I told you to not go down that rabbit hole of no money at the closing table!

  102. Tell the people what you participated in/profited in .. what you kept your mouth shut about until 2011 after you lost that almighty paycheck and big house!!


  103. You keep coopering with them Charles … like a goodie to shoe.

    When they come with the Warrants .. and I don’t get a chance to see you again…. I would like to say in advance ..

    Thank You For The Evidence!

    p.s. … 50ft is Iffy?

  104. KC what your damages if neither you or the lender brought enough Think about money to the closing in order to buy the house? Think about what your saying! So the most you have are the payments you payment to ABC no name corner mortgage lender, who is now out of business. But is the homeowner not then asking for rent for his damage of not receiving the purchase money? Get real!

  105. I admit, I’m Harsh, but I’m not Cruel.
    Cruel would be telling someone to ….

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ “Go Take a Flying Leap”.

    Just Clarifying My Postion …..

  106. KC you started this crap, so now your going to have to hear about it. First of all anybody thinking that if there is a seller and buyer and no money transfers to the seller form the buyer then you don’t have a purchase. Your problem is you don’t fall into the into the situation the rest of the problems are in.

    Here what you probably did, was miss some payments in order to qualify for the for a modification and you could not because your mortgage company was ABC mortgage and not a real lender most people would have gone to.

    But for a person to think that they saw the documentation and there was no monies involved, but you purchase something is stupid. Your admitting that you did not bring monies to the closing nor did your lender, so what are you claiming you own. I sure the court saw it your way Idiot!

  107. *the recordation of a fraudulent document is a HARM and a fraudulent document yet sitting on public records constitutes an “ongoing HARM”.

  108. *the recordation of a fraudulent document is a crime and a fraudulent document yet sitting on public records constitutes an “ongoing crime”.

  109. Also, in the case NG posted, the lower court apparently hasn’t (re)ruled yet, but the appeal court said the homeowner said enough to not have been dismissed.

  110. My earlier comment was as always lay opinion.

  111. This is the second case that I know of where a court has ruled that a straw officer is not a MERS’ officer and not a person capable of binding the corporation in an assignment, which means that in both cases where squarely confronted with the straw officer issue, courts have said “not”. The other was Koontz v EverHome Mtg and MERS, Ind BK. In the Koontz case, the court went so far as to say there was yet a fraudulent assignment sitting on the records at the recorder’s.* (MERS et al declined comment). What should disturb every court in this country is that MERS itself never received an order to assign a collateral instrument, a very important, critical even, and widely overlooked issue (even if MERS is authorized itself by written agreement with that last note owner).
    Someone else, many times the servicer, decides to execute an assgt and utilizes its own employee. Not only is MERS not ordered to execute an assgt, the member or non-member (think even further out-sourced people) is the party who decides to execute an assgt and pays MERS for the privilege of using MERS’ name, including all the assignments done by the robo-signors. Courts need to be apprised this was the MERS’ m.o. from the get-go. It was always MERS’ plan that members would execute the assignments, not MERS’ employees; it’s a free-for-all x the fees to MERS for Hultman’s “resolution” and the fee to MERS for using MERS’ name. I hope attorneys will give some thought as to whether or not these now known facts constitute newly discovered evidence or some such, including that many if not all these assgts are void, such that they provide some kind of remedy (damages) for those who’ve already lost their homes to fraud.

    *the recordation of a fraudulent document is a crime and a fraudulent document yet sitting on public records constitutes an “ongoing crime”.

  112. Stop trying to redeem yourself Charles .. Your Goose is Cooked! You just cant seem to move on .. past the Denial Stage!

    At closing of this Purchase … I saw the checks made out to the Estates Beneficiaries and all other parties involved in the closing. There was NO Mortgage to be paid OFF! All the proceeds after costs went to the Beneficiaries/Daughters.

    That money came from somewhere now didn’t it?


  113. SOME BANK MAY BE GUILTY OF CAUSING FIRE OR DESTRUCTION TO GET INSURANCE MONEY on wrongly assigned or lost property in Rhode Island. Why is the FBI doing nothing to investigate when some banks FORCE PLACE insurance policies on the cloudy title properties with no coverage except for TOTAL LOSS !

  114. KC so your hope is that at your closing no money was delivered to the seller you purchase the house from? So now don’t you still own the seller the selling price?

    Lynn Szymoniak was in foreclosure when she filed the first claim and she got $18 million and after the split she received $5 million in her bank account.

    So at some point in the pass your were behind on your probably subprime mortgage and had to bring it current, as your loan was not funded by one of the big banks but was some warehouse line mortgage company. Where your out of luck is that all those places have gone out of business and there are not pocket deep enough to care about your situation. Your best bet is to continue to make those modification payments and be thankful they gave you one.

    Or maybe the court decide your right and the seller of the home you purchase has been walking around without being paid (ha ha) and that instead of owning the loan your living in this guys house for free the last few years and that the house is still his because there was no payout at closing? Dude really?

  115. Modification?
    What part of.. “There is No Hardship, We don’t need a loan modification” … do you not understand”?

    Funny how Bankers don’t Understand that Statement.

  116. Our mortgaged is not assigned properly by Bank of America. It was with Countrywide Home loans even after the merger. Then all of a sudden after a few years…… someone in Arizona assigned our mortgage to Bank of New York Mellon. I asked the county clerk how this occurred. She said she got a fax and assignment was recorded. That was a quite a way to record assignments. If that is the case, anyone can assign the whole Town Hall by a fax machine assignment?

  117. I have no Damages??
    But I have to have damages/harm and/or the likely hood of future harm if action is not taken … to bring standing.. Right?


  118. Charles, If you had a decent bone in your body, you would report it, when you discover it!!! You knew .. but by golly you were still getting that almighty paycheck to live in that big house!!
    And when your sorry excuses for human beings (broker/lenders) crashed the market and lost your jobs/business .. you reap what you Sew!! I have No Sympathy for You!! Only your Family.

    You waited until you lost your home .. then you open your mouth??

    Imagine what you could have saved homeowners, retirement savers and taxpayers had you OPENED your Mouth Before you Lost Your Job!!

    What a Joke!!

    Behave KC?

  119. Charles Reed, I read your response in prior post. Maybe your communications is a reason for their ‘reminders’ to the banks of their risks and continued liability.

    One can make a difference, in my opinion, your efforts can be the reason their standing is made more public in the notice.

    Trespass Unwanted.

  120. Good KC then you have no damages, but in my case as with the ones I am getting all this money for was because there was not mortgage payment to pay and is why they committed fraud.

    However idiot they pay out whistle-blower claims because we the whistle-blowers are recovering at least $1 million and in my case we talking about much more, and by the way are they still selling mansion for cash? I won’t need a loan, but you will still be paying every month on your modification RIGHT?

  121. How many people here need to tell you .. what you reported was old news (years) to get it thru your thick head?

    And you didn’t even get it right!! Take a Hike!!

  122. Charles … “Just Like a Banker” to say that,… in your case Former ””

    ~ Always willing To Exploit the situation dumping the losses on the Pensions, Retirement Plans and Taxpayers!

    You are NOTHING like Me! I didn’t exploit the situation!

    That’s why I still have my Home!

    Whose the Idiot now?

  123. KC paid until I could not pay anymore, and here we are all these year later and you still don’t get it and most lawyers don’t either, but as I am depositing all that money I will be thinking what you said, and that is why did I not only do what KC said.

    When you know you made it is when the loser haters come out to the bo party. Why did not millions of people continue to pay? It does not actually matter when crime happens, and that why you have $50 billion settlements because the BANKS did not thing wrong.

    But at the end of the day KC what 10% to 30% of a lot of money? Suck to be you and not me, and good luck with that who funded my loan BS and there was not any money wire to the closing, you freaking idiot!

  124. This is the kind of help they gave me I wanted LP released … and when I offered tender and wanted back my Good Title (or I thought it was good at the time `relience).

    They released the LP after they filed the MERS Sh’ttttt !!!

    That didn’t help me clear up the break in the chain of title, or the slander by CW… what it did was called … “””Criminal Slander to Title”.

    B.O.A. aka Biggest Offensive Asshole

  125. lol.. I give up!

  126. forrection RE: ” 08 L.P. & Judicial proceedings brought by CountryWIDE Home Loans
    (no assignment/no endorsement) *Yikes*

  127. You are Right Tnharry, the articles are just the tip of the ice burg.
    Break in Title and Two Notes.

    Hey Neil … I have a better Example….

    Note says Broker is Lender (Not CW) ~ MOM

    08 L.P. & Judicial proceedings brought by Country Home Loans
    (no assignment/no endorsement) *Yikes*

    ** MERS assignment of the Note and Mortgage together in 2011 to Countrywide HL Servicing. *Chuckles*

  128. Deborah wynn…
    Not of little faith, really. Just wondering how this will affect me and a few million others who have already “lost” in court. I have proof that my loan was not assigned to the trust for more than 4 years after the loan was taken out….the loan was assigned only after I was foreclosed on. The judge just dismissed me. What can I do at this point? It has been just over a year since I was forced out of my home of 32 years.
    Any help, much appreciated!

  129. Tnharry the more money the banksters spend on you the happier I am.

    Who ever believes Tnharry believes in the tooth fairy
    May G-d continue to give Neil Garfield and company strength and courage.

  130. @louise – no, the foreclosure is not void. the appeal was of the lower court’s granting of the motion to dismiss. there will still be a trial on the merits if it survives a motion for summary judgment.

    Not sure if Neil is misleading on purpose or not with the statement “But in this case the court affirmatively stated that defects in the assignment process would void the assignment and thus defeat the foreclosure”, but this is FAR from over.

    Sloppy work again Neil. Or very cleverly done in order to maintain hope in the people coming to the site and buying your products…..

  131. The big question is: if the foreclosure is void, Can they still come back and sue again? Is that foreclosure completely dead? I have just seen more dox forged for further use in a new lawsuit.

  132. RI Supreme Court Vacates MERS’ Judgment
    CHHUN v. MERS et al
    “These allegations, if proven, could establish that the mortgage was not validly assigned, and, therefore, Aurora did not have the authority to foreclose on the property.” This is a victory for homeowners. Rhode Island has been one of the hardest places for borrowers to get a favorable decision. The Rhode Island Supreme Court reversed a 12(b)(6) motion to dismiss in favor of MERS. The decision involves issues of standing and authority to assign the note and mortgage. The issues are relevant in every state.


  133. Charles, If you made good money … why didn’t you pay?
    OR Hire an Attorney? An Accountant? A Title Abstractor?
    Honor your Trustees duties to the State with regards to your Land Trust?
    If you knew the party you delegated to do (in trust) your duties were not doing them, why didn’t you do something about it yourself? It was your responsibility to pay taxes, ins and maintain the property, Right?


    Just saying …..The rest of us had to. You want the public to pay those for you to? Hey … why don’t we just throw in a mansion on a piece of land where you have no legal responsibilities … let (WE) the public reward you, cater to you, make exception to the LAW for you ..
    Our Hero…

    What kind of Drugs are you on? You are going to Crash Hard when you come down, I hope you have good medical ins! Moron!

  134. What the motive to not modify 800,000 government pooled loans? You don’t own the debt and cannot grant the modifying of term or interest rates, nor can you foreclose because you don’t own the debt.

    So you don’t even review the files and there was no actual appeal process, as the Borrower Statement were not sent out because no underwriting was done. However the applicants were made to believe that their file had been reviewed and so they were foreclosed because they did not qualify for a modification.

    MERS was needed to assign the title to these banks as if the bank had purchase these loan, but in fact because of the Ginnie Mae pooling process that completely impossible because Ginnie Mae did not purchase the loans.

    In 100% of the loan placed into a Ginnie Mae pool, 100% are not purchase by the current and forever holder of these blank endorsed Notes. Szymoniak and her team saw the writing on the wall that this matter is going to be settled to some degree as Sen Warren with my imput to her has already fired the shot about, why has not the Federal Gov been repaid and who are the victims of the crimes!

  135. Charles, If you made good money … why didn’t you pay?
    OR Hire an Attorney? An Accountant? A Title Abstractor?
    Honor your Trustees duties to the State with regards to your Land Trust?
    If you knew the party you delegated to do (in trust) your duties were not doing them, why didn’t you do something about it yourself? It was your responsibility to pay taxes, ins and maintain the property, Right?

    I don’t like the fact that the Public has to be burdened with the costs of this suit of yours or the for seeable consequences to the public with this Stuffs you spue about Gov/Public insured loans …

    I personally think you are doing it for all the wrong reasons, because if you truly had the best interest of public the public in mind …. you wouldn’t be.. Never Mind!

    My Babysitter says I cant play with you.

  136. In Colorado you can prove that MERS had no authority to assign the note either because the agency relationship at the time of the assignment did not exist, or by reference to the MERS PROCEDURES MANUAL at p. 48 where MERS admits that it cannot transfer the debt or that the trust cannot acquire mortgages after the closing date of the trust and still you would lose because either the court will respond stating “You were not prejudiced” or that you were not a party to the assignment and therefore you could not challenge the assignment. However you might challenge the assignment that is recorded on the grounds that it is a spurious document. CRCP 105.1

  137. The Elephant in the Room was full of Hot Air .. Blow Ups …

    Every time I took a POKE at it .. it bounced back and knocked me on my grAss.

    Grandma always said I was “Long Winded” , so I Blew It Up (per say..)

    Many Blessings to All!

  138. You folk are not understanding what just took place with the new filing by Szymoniak and it is the MERS was doing the same thing DocX was but MERS was not address in the case because these banks are shareholder of MERS and MERS handles 165 million loans.

    However it the beginning of the end for this fraud and is why you got bank repurchasing these securities. The Federal Gov is allowing this patch job to take place and did not get behind Szymoniak complaint because as you can see from her compliant in Ace she has no direct knowledge of MERS as she had with DocX. However I find it impossible as this goes on that my claim is not already being handle because I did have direct knowledge of MERS and the FHA & VA loans in the pools, by working for these banks and being a victim of the the forgeries committed.

    Also to KC who hate the fact that monies is being offered and I am willing to take it, but KC was not there the day they illegally kicked my family out or home. When I was making a good money I was free to give it to needed causes, but as I am limited in funds, I cannot help anybody but myself. 10% to 30% of $10 billion is a lot of money, and a lot can be done, but the proof is in the pudding what I do, when this money is recovered (whatever the amount is).

    Now Szymoniak case is on point, as now it known that what she is saying did happen and the Fed Gov is owed this monies. This is why I chose to submit my claim, because I am but one, but as with my claim I addressed 800,000 other families hardship of not even reviewed for the HAMPs but illegally foreclosed using MERS forged assignments to gain control over the lien.

    I watched my wife work so hard after having our home taken without a clear view of the future at our age, but she believed in me, that what I was working for was right (Just).

    So KC I wish you well, as if seem as your problem is not a part of the main problem the rest of American were having. However in the matter I been fighting for give back families there paid for homes and that about monies as the home have in 95% of the cases are already sold. Restitution is 100% of the cost to replace these homes!

  139. Timeline …
    Due on Sale Clause …

  140. In 2008 they charged off my husbands loan (unbeknownst to us, but its certainly explains BACs actions).

    In 2010 the Seller Trust was closed ,,,

  141. Corruption. That is why we dont have money to solve the drought problem in California. All our money is going to the parasite banksters and their minions.


  142. Why sue Unknown Owners? …
    The Beneficiaries/Trustee of the Seller Estate. (Vicky)

    Its STILL THEIRS! How does that bite ya!

    Here parents had paid off the property years earlier …

    Vicky closed the Trust after our purchase.
    But her dads Greedy attorney kept the trust open ..

  143. If you put any of these ” authorized agents” on the stand to cross examine
    You would find exactly no authority no personal knowledge and probably no memory !
    Unless you are the fall guy/ women like Linda green. Any one know what happened to johnsen seck ? Who was apparently vice pres all over the show.

  144. TITLE INS sec B exclusions ..

    VOID Trustee Deed ……. No Trust Agreement.

    VOID HUD signed by attorney without power of POA Agreement from Trustee. ( Have Affidavit from Trustee/Beneficiary she did NOT give him POA!!!)

    Don’t forget he added his law firms name to the Trustee Deed after Vicky/Trustee signed it over to my husband.

    At closing, I was surprised to see that the lender had changed … he goes right back to the rat trap that started this MESS! He is the one who had issued Securities in the seller Trust. And continued to do so years after the Apparent Sale to us.

    “The unfiled” Warranty Deed grants ownership of your property. They took the Titles BEFORE default!!!!
    (If you were lucky enough to get it in the 1st place)

    They didn’t file the Deed… only the agreement.

    But they gambled (claimed as their own) your title to your entire estate … in the Black Hole!

    Everything that follows closing is just the snowball effect … ALL VOID/Voidable!

    Dirty Snowballs to the Core!

  145. Anyone have assignments, signed by the frauds at security connections ?????

  146. Signing Capacity and the Authority to do so (le’agreement).
    How many times do I need to say that?

    Corporate Veil …. Pokey Poke Poke… And It all falls down.

    YEP! .. BOA and Buttwipes is a Good Example Neil! 🙂

  147. Sunman- oh ye of little faith. Fat lady no sing yet 😊

  148. In light of the points made it will be Rather interesting how creative my opposing parties will be at the stages of my litigation.
    As they say ” whats done is done” and no amount if back peddling ( excuse the pun) will change that.
    Creating the RECORD is very important because of the complexity involved and the difficulties getting discovery.
    Pro se / lay opinion not legal advice.

  149. How so? What traction does it give anyone when the courts still find in favor of the banks?

  150. Beautiful

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