For further information please call 954-495-9867 or 520-405-1688
============================
Submitted from a person who is an anonymous source but who works deep inside an organization where the raw data is available and just to be clear —- I told you so:
Bonding experience
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Subject: Bonding experience
Sorry for the title line, low hanging fruit……Anyway, I thought you both will find this of interest.) From the Citibank Trustee website you both have access to per my prior e-mail (or anyone, it is public….) you will find below the listing of the original principal balance of the loans in the various traunches for the WAMU-HE-2 Trust. The balances below are from the PSA on page 8; they track almost identically to the balances as of the funds 1st reporting date on the Citibank website (I have attached below from May 2007); Directly above the May 2007 balances is the current January 2015 balances. Notice anything strange? All principal balances are lower or gone, and reduced by half in the largest traunch (1-A). How can this be you ask? Did that many loans default and have the homes liquidated and proceeds applied to the loans? OR, did insurance payments, credit default swaps, TARP money, or buy backs on the loans by Chase (as likely forced by the investors who have that right for non-conforming loans) pay off the loan balances that are now gone? The answer is likely a bit of all the above.
Not to bore you with the details, but if you look at the January 2015 certificate holder statement on Page 5 you will see detail on who lost what, other pages break out reasons for reductions (yes, some of this is due to repurchase, Chase? maybe, unknown). The M-Series traunches appear to have been wiped out completely, which tracks to PSA which shows 1-A-II A’s get distributions 4th (AFTER credit default swaps and derivative holders mind you, who may be from entirely different funds! Like that, your loan payment is not even going to the fund that claims to hold it 1st, 2nd, or 3rd time around), losses last, Hence if you are M-series you are screwed.
So why does this matter in a typical homeowner foreclosure? As XXX and I pointed out to judges too lazy to want to dive into this, if your loan is in Traunch 1-IIA, which report no principal loss (any losses?) the fund has a hard time claiming standing if the certificate holders of your loan suffered no loss. Due to commingling of funds, and cross defaults, when peoples loan payments are distributed to the Servicer (Chase), it puts your payment in the loan pool, and it is likely used to pay someone else’s loan payment (ditto with foreclosure proceeds, if your loan was in M Traunch, a 100% loss was realized years ago, your proceeds go to make someone else’s loan payment). This was never disclosed to the homeowner at loan signing, your payment goes to another, your home is cross collateralized, your home may be covered by a pool level insurance policy, credit default swaps, your payment does not go to whom you bargained it would (TILA, RESPA, REG Z violations anyone?). If your loan was repurchased, the fund is not even the correct foreclosing party anymore, and if servicer advances and credit default swaps cover your loan payments (from swap holders in other funds!!) you are not even in default nor has the fund suffered a claimed loss. You can see what a mess this is, and why Chase and other “Servicers” don’t want to open the books on what happens to the Trust funds money to anyone. Investors in current lawsuits have to sue their own Trustee’s (like Citigroup) to try to get to the “real” books, sound crazy, it’s happening…. since Chase and the fund never legally held my loan due to multiple forgeries and botched assignments, they in essence committed theft through conversion of my loan payments when I made them, because they never held the legal right to accept payments from me.… Like I said, this happens thousands of times daily to thousands of homeowners, and no one, not the government, regulators, judiciary, and especially the banks, want to discuss this mess. LOL, if this all gives you a headache, it should! Same process is now happening on credit cards and auto loans, anything they can securitize…..
REMIC 3
As provided herein, the Trustee shall make an election to treat the segregated pool of assets consisting of the REMIC 2 Regular Interests as a REMIC for federal income tax purposes, and such segregated pool of assets shall be designated as “REMIC 3.” The Class R-3 Interest represents the sole class of “residual interests” in REMIC 3 for purposes of the REMIC Provisions.The following table sets forth (or describes) the Class designation, Pass-Through Rate and Original Class Certificate Principal Balance for each Class of Certificates that represents one or more of the “regular interests” in REMIC 3 and each class of uncertificated “regular interests” inREMIC 3:
| Class designation | Original Class Certificate Principal Balance | Pass-Through
Rate |
Assumed Final
Maturity Date1 |
||||||||
| 1-A | $ 491,550,000.00 | Variable | May25, 2047 | ||||||||
| II-AI | $ 357,425,000.00 | Variable2 | May25, 2047 | ||||||||
| II-A2 | $ 125,322,000.00 | Variable2 | May25, 2047 | ||||||||
| II-A3 | $ 199,414,000.00 | Variable2 | May25, 2047 | ||||||||
| II-A4 | $ 117,955,000.00 | Variable2 | May 25,2047 | ||||||||
| M-1 | $ 50,997,000.00 | Variable2 | May25, 2047 | ||||||||
| M-2 | $ 44,623,000.00 | Variable2 | May25, 2047 | ||||||||
| M-3 | $ 27,092,000.00 | Variable2 | May25, 2047 | ||||||||
| M-4
M-5 M-6 |
$ 23,905,000.00
$ 23, I 08,000.00 $ 21,514,000.00 |
Variable2
Variable2 Variable2 |
May25, 2047
May25, 2047 May25, 2047 |
||||||||
| M-7 | $ 20,718,000.00 | Variable2 | May25, 2047 | ||||||||
| M-8 | $ 12,749,000.00 | Variable2 | May25, 2047 | ||||||||
| M-9 | $ 17,531,000.00 | Variable2 | May25, 2047 | ||||||||
| Swap 10 | N/A | Variables | May25, 2047 | ||||||||
| FM Reserve 10
Class C lnterese |
N/A
$ 59,762,058.04 |
Variables
Variable2 |
May25, 2047
May25, 2047 |
||||||||
| Class P Interest | $ 100.00 | N/A4 | May25, 2047 | ||||||||
Filed under: foreclosure | Tagged: Chase, Citigroup, disclosures, Reg Z, RESPA, TILA, traunch, where are your monthly payments going?, Why won't banks open their books? |
Konar’s here, vulva vagabond…..I have no need to address a dialog, if that’s what you call what you do, with a mean, mental midget like you!
Your suspense case….LOL, mine with BOA, filed pro se, completed with Nathan Coleman, esq is verifiable, call him. Never went to court. Bank paid lawyer and ALL fees…Pender County, NC….cost them, but I am not a braggart, cause maybe I was just lucky. Had more than one loan, multiple cases still ongoing. Buy Pacer, just got a case with a peer reversed in appeal on claims, with New Century, insufficient. Not using Neil’s theories, but there is information leading to things that matter, look for them, find your own path!
Quit using me…We are not equals, peers, etc…leave me out of your diatribe.
Snap!
Louise…
Just for the hell of it…
You are starting to write very much like Ivent/Stripes: hateful, discombobulated and incoherent. The way those, who lose but can’t fess up to it, write. The poor Ivent was locked up for 2 weeks in a psych hospital. She came back, aimed some more and… pooff! Gone again.
Shouldn’t you just let go, ignore me and do your thing of playing victim? Attacking me hasn’t hurt me, ever. It has not fared very well for the attackers so far. Where is Marilyn Lane? Where’s Carie? Where is Konar?
Quit while you’re ahead. Ignore me. Or gather the pack of hyenas but it’s getting thinner and thinner… And you still haven’t won a damn thing homeowners can hang their hat on.
Time to grow up, Louise. Ignore me. And get a real job.
UKG,
Recognizing what went wrong is to your honor. I’ve always respected you. I respect you even more, now that you showed the moral courage to claim ownership of an non-named example of some long-term NG follower who fought on NG’s theories and who lost on appeal, after having followed every single one of them, all the way to BK.
Moral courage has forever been lacking on this site. NG followers losing on NG crap have never fessed up to it. Never.
Wanting to fight more is to your honor. God willing, NG crap didn’t blow it for you for good. Start really praying.
You know who the parties to that e-mail exchange were and you know we are at your disposal if you want to keep fighting and do it intelligently (provided you still can). You also know how to reach us. Neither one of us can promise that you have more avenues left, after having played such lousy cards. Both of us are willing to explore whether you do and under what conditions.
And you know we’re both legit and into helping. You sent us people to help and we’ve done what we could, based on where they were at the time. You know we’ll keep on doing it.
UKG, you truly have my respect. You’ve fought the good fight. You’ve proved NG’s theories are dangerous to homeowners. Let’s get in touch.
F$%k Christine and the cowardly mangy horse she rode in on. She is a shill. Why keep coming back and saying the same insulting things you said last month. Just another bank shill. I, too, have lots of fight left in me. I am not paying a lawyer, ha, ha! I will be writing my appellate brief in March and April. Breach of contract. Should be interesting. All the best to you. Keep me in the loop about your cases. Thanks,
K. Conclusion
ALL 550 ECUIRTIZED MORTGAGE TRUST SETTLED.
60. For all of the foregoing reasons, Law Debenture believes that (a) the Plan Support
Agreement, the Plan, the Global Settlement, the RMBS Settlement, the FGIC Settlement
Agreement and all the transactions contemplated by each of the foregoing, including the releases
given therein, are in the best interests of the Investors in each RMBS Trust, each such RMBS
Trust and the RMBS Trustees; (b) the RMBS Trustees acted reasonably, in good faith and in the
best interests of the Investors in each RMBS Trust and each such RMBS Trust in (i) entering into
the Plan Support Agreement, (ii) performing their obligations under the Plan Support Agreement,
including voting in favor of the Plan, where applicable, and (iii) agreeing to, and performing
under, the Global Settlement and each of the settlements embodied therein, including the RMBS
Settlement and the FGIC Settlement Agreement; and (c) the RMBS Trustees’ notice of the Plan
Support Agreement, the Plan, the Global Settlement, the RMBS Settlement, the FGIC Settlement
Agreement and all the transactions contemplated by each of the foregoing, including the releases
given therein, was sufficient and effective in satisfaction of federal and state due process
requirements and other applicable law to put the parties in interest in these Chapter 11 Cases and
others, including the Institutional Investors and the Investors in each RMBS Trust, on notice of
the Plan Support Agreement, the Plan, the Global Settlement, the RMBS Settlement, the FGIC
Settlement Agreement and all the transactions contemplated by each of the foregoing, including
the releases given therein; and, accordingly, consistent with its undertakings in the Plan Support
12-12020-mg Doc 5675 Filed 11/12/13 Entered 11/12/13 18:41:11 Main Document
Pg 23 of 2412-12020-mg Doc 5675 Filed 11/12/13 Entered 11/12/13 18:41:11 Main Document
Pg 24 of 24
iii. Impact of Monoline Insurance and “Recognized” Claims
55. Insured RMBS Trusts (other than those insured by FGIC and Ambac) have
received, and in the future are assumed to receive, payment of their losses to the extent necessary
to pay the principal and interest due to the insured tranches of such trusts directly from the
applicable Monoline, which in most cases eliminates the need for any distribution to those
RMBS Trusts given the structure of the Plan and the inter-related settlements contained in the
38 See, e.g., Annex III to the Plan Support Agreement [ECF No. 3814].
12-12020-mg Doc 5675 Filed 11/12/13 Entered 11/12/13 18:41:11 Main Document
Pg 20 of 2421
Plan.39 In such cases, the “recognized” claim of the RMBS Trust is set to zero, or is reduced, to
take into account the full or partial payment of claims by the applicable Monoline, unless an
exception applies.40 The rights of Insured RMBS Trusts are reserved in the event that the
applicable Monoline does not honor its obligations.41
P. Notices to Holders
56. Law Debenture and/or Wells Fargo have, in their respective capacities as Separate
Trustee, trustee and indenture trustee, regularly provided notice of matters related to the RMBS
9019 Motion and other significant events in ResCap’s Chapter 11 Cases to the holders in the
Law Debenture RMBS Trusts.
57. I further understand that certain of the RMBS Trustees, including Wells Fargo,
jointly retained The Garden City Group, Inc. (“GCG”) to provide certain administrative services
in connection with noticing various Holders, including the facilitation of the dissemination of
notices to the various Holders at the direction and on behalf of the RMBS Trustees and the
creation and maintenance of a website for Holders that provides contact information for the
RMBS Trustees, recent developments in the Chapter 11 Cases, links to relevant documents filed
in the Chapter 11 Cases, and upcoming Court deadlines and hearing dates (the “RMBS Trustee
Website”).
58. As further described in more detail in the Affidavit of Jose C. Fraga (“Fraga
Affidavit”), which is being filed concurrently herewith, GCG has distributed to various Holders
39 In consideration for these payments, the Monolines are allowed significant claims against the applicable
Debtors, on account of which they are anticipated to receive substantial distributions from such Debtors’
estates.
40 The exceptions are described at Art.IV.C.3.(a)(iv) of the Plan.
41 Art.IV.C.4 of the Plan.
12-12020-mg Doc 5675 Filed 11/12/13 Entered 11/12/13 18:41:11 Main Document
Yes, that’s me that Christine is talking about. Lost in the 7th Circuit, blown out in BK court. My attorney has a target on the back of her head. Not just for my case, but others wherein we have contested the note, the assignments, allonges, all the fake and phony paperwork. Even the lawyers board is after her. But these are the battles that need to be fought. Since the 7th Circuit is the last bastion of bank-owned judges, we kind of expected what came down the pike. As far as me losing on arguments spawned here, Christine is mistaken. Not too worried, though. I have plenty of fight left in me, and the causes of action are varied.
Pride could indeed keep me from acknowledging my losses, but that’s not an issue.
SO CAN ONLY TELL ME , THIS, WERE,WHAT,OR IS , WHERE IS MY LOAN IN THIS, CAN YOU SHOW ME PLEASE. OH HOW ABOUT YOU CHRISTINE.
CAN YOU SHOW ME IN WHAT TRAUCH MY LOANS IN ,!!!!! SHOW THIS TO JUDGE, ASK HIM IF HE CAN FIND YOUR LOAN????
HE WOULD TELL ANYONE, ARE YOU KIDDING ME, WHERE IS THIS PERSON LOAN IN THIS MESS!!! WELL YOUR HONOR, WE DONT KNOW!!!
SO IT COULD BE IN ONE THAT SHOW A BIG FAT O, IS THAT WHAT YOUR SAYING, ATTORNEY. HUM,OH,AM, MAYBE YOUR HONOR.
OK, THEN ATTORNEY, UNTIL YOU CAN SHOW THIS COURT WHAT TRAUCH IT”S IN AND HOW IT GOT THERE, THEN AND ONLY THEN CAN YOU START ANYTHING. BUY BUY.
Statement to Certificateholder
Residential Asset Mtge Products, 2006-J1
February 25, 2015
Ending Notional/
Principal Balance Factor
Interest Shortfall
Factor Deferred
Interest Factor Total Distribution
Factor
Interest Distribution
Factor Principal Distribution Factor Beginning Notional/
Principal Balance Factor
2. Factor Summary Class CUSIP
Amount /Original Amount per $1000 unit)
A-1 36185MEB4 44.40362259 0.37759440 0.21276737 0.59036177 0.00000000 0.00000000 43.94056409
A-2 36185MEC2 700.58950403 5.95759248 3.35699148 9.31458397 0.00000000 0.00000000 693.28347999
A-3 36185MED0 1,066.97387701 9.07320940 5.11258332 14.18579273 0.00000000 0.00000000 1,055.84705197
A-4 36185MEE8 208.43722325 1.77248437 0.99876171 2.77124608 0.00000000 0.00000000 206.26355763
A-5 36185MEF5 0.00000000 0.00000000 0.00000000 0.00000000 0.00000000 0.00000000 0.00000000
A-6 36185MEG3 597.16676355 5.07811769 2.86142412 7.93954181 0.00000000 0.00000000 592.08864586
A-7 36185MEH1 301.40996782 2.56309684 1.44425682 4.00735366 0.00000000 0.00000000 281.02703034
PO 36185MEJ7 195.82995491 3.37912169 0.00000000 3.37912169 0.00000000 0.00000000 192.45083322
IO 36185MEK4 221.60812161 0.00000000 0.06927869 0.06927869 0.00000000 0.00000000 221.13872529
R 36185MEL2 0.00000000 0.00000000 0.00000000 0.00000000 0.00000000 0.00000000 0.00000000
M-1 36185MEM0 0.00000000 0.00000000 0.00000000 0.00000000 0.00000000 0.00000000 0.00000000
M-2 36185MEN8 0.00000000 0.00000000 0.00000000 0.00000000 0.00000000 0.00000000 0.00000000
M-3 36185MEP3 0.00000000 0.00000000 0.00000000 0.00000000 0.00000000 0.00000000 0.00000000
B-1 36185MEQ1 0.00000000 0.00000000 0.00000000 0.00000000 0.00000000 0.00000000 0.00000000
B-2 36185MER9 0.00000000 0.00000000 0.00000000 0.00000000 0.00000000 0.00000000 0.00000000
B-3 36185MES7 0.00000000 0.00000000 0.00000000 0.00000000 0.00000000 0.00000000 0.00000000
Statement to Certificateholder
Residential Asset Mtge Products, 2006-J1
February 25, 2015
Ending Notional/
Principal Balance
(1)-(3)-(6)+(8)=(9) Deferred
Interest Interest
Loss Total Principal Loss Distribution
(3) + (4) = (5) Interest
Distribution Principal
Distribution Pass – Through Rate Beginning
Notional /
Principal Balance Original Face Value Class CUSIP
1. Distribution Summary
(1) (2) (3) (4) (5) (6) (7) (8) (9)
A-1 36185MEB4 251,679,000.00 11,175,459.33 5.75000000 95,032.58 53,549.08 148,581.66 21,509.52 0.00 0.00 11,058,917.23
A-2 36185MEC2 8,569,000.00 6,003,351.46 5.75000000 51,050.61 28,766.06 79,816.67 11,554.71 0.00 0.00 5,940,746.14
A-3 36185MED0 9,871,000.00 10,532,099.14 5.75000000 89,561.65 50,466.31 140,027.96 20,271.24 0.00 0.00 10,422,266.25
A-4 36185MEE8 133,426,000.00 27,810,944.95 5.75000000 236,495.50 133,260.78 369,756.28 53,528.01 0.00 0.00 27,520,921.44
A-5 36185MEF5 14,099,000.00 0.00 5.75000000 0.00 0.00 0.00 0.00 0.00 0.00 0.00
A-6 36185MEG3 97,885,000.00 58,453,668.65 5.75000000 497,071.55 280,090.50 777,162.05 0.00 0.00 0.00 57,956,597.10
A-7 36185MEH1 6,526,000.00 1,967,001.45 5.75000000 16,726.77 9,425.22 26,151.99 116,292.28 0.00 0.00 1,833,982.40
PO 36185MEJ7 7,322,284.38 1,433,922.62 0.00000000 24,742.89 0.00 24,742.89 0.00 0.00 0.00 1,409,179.73
IO 36185MEK4 370,791,790.00 82,170,472.09 0.37514169 0.00 25,687.97 25,687.97 0.00 81,996,423.79
1 1 1 0.00 0.00
R 36185MEL2 100.00 0.00 5.75000000 0.00 0.00 0.00 0.00 0.00 0.00 0.00
M-1 36185MEM0 11,001,000.00 0.00 5.75000000 0.00 0.00 0.00 0.00 0.00 0.00 0.00
M-2 36185MEN8 3,300,000.00 0.00 5.75000000 0.00 0.00 0.00 0.00 0.00 0.00 0.00
M-3 36185MEP3 2,475,000.00 0.00 5.75000000 0.00 0.00 0.00 0.00 0.00 0.00 0.00
B-1 36185MEQ1 1,375,000.00 0.00 5.75000000 0.00 0.00 0.00 0.00 0.00 0.00 0.00
B-2 36185MER9 1,100,000.00 0.00 5.75000000 0.00 0.00 0.00 0.00 0.00 0.00 0.00
B-3 36185MES7 1,374,662.11 0.00 5.75000000 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Deal Totals 550,003,046.49 117,376,447.60 1,010,681.55 581,245.92 1,591,927.47 223,1
The Indiana Court of Appeals reversed and remanded for further proceedings a trial court’s grant of partial summary judgment and held that because the plaintiff did not show that it controlled the electronic mortgage note (“Note”) for purposes of 15 U.S.C. § 7021(b) as of the date the foreclosure was filed, it had not established that it was the party entitled to enforce the Note as of that date. The plaintiff was not the original lender, and instead, received the mortgage by assignment. The plaintiff filed a complaint to foreclose the mortgage shortly after taking assignment. The Note stated that the only authoritative copy was the copy within the Note Holder’s control. 15 U.S.C. § 7021 provides conditions under which a party can have control and the court found that the evidence put forward by the plaintiff in support of the motion for summary judgment did not properly address satisfaction of those conditions. Specifically, the court stated that the plaintiff did not present evidence demonstrating that control over the Note had been transferred to the plaintiff in accordance with the requirements of 15 U.S.C. 7021. The court specifically noted in the decision that the plaintiff, upon demonstrating it had received a transfer of control, would be entitled to the same rights as the holder of a written promissory note under UCC Article 3, and that delivery, endorsement and possession of a physical note were not required. Good v. Wells Fargo Bank, N.A., No. 20A03-1401-MF-14 (Ct. App. Ind. 2014).
Foreclosure: trial court violated purchaser’s procedural due process rights in setting aside judicial sale of property without giving notice to purchaser. Further, trial court abused its discretion in setting aside judicial sale on basis of borrower’s perfunctory objection to sale – Skelton v. Lyons, Case no. 2D13-4129 (Fla. 2d DCA Feb. 11, 2015) (reversed and remanded).
Foreclosure: motion challenging foreclosure sale legally insufficient unless it raises issues relating to conduct of the sale such as fraud, mistake, or other irregularity – Salazar v. HSBC Bank, No. 3D14-230 (Fla. 3d DCA Feb. 11, 2015) (reversed).
Foreclosure: trial court lacked authority to reconsider its final summary judgment in foreclosure action based on untimely motion filed under Florida Rule of Civil Procedure 1.530 – Foche Mortgage, LLC v. CitiMortgage, Inc., Case No. 3D14-521 (Fla. 3d DCA Feb. 11, 2015) (reversed and remanded).
Foreclosure/Standing: final judgment of foreclosure in favor of bank must be reversed because bank failed to prove sufficient evidence it had standing to enforce promissory note at time complaint filed – Henderson v. Deutsche Bank, No. 4D13-1780 (Fla. 4th DCA Feb. 11, 2015) (reversed and remanded).
just a blurb from a newsletter
Hearsay naysay and you didnt say
For people who don’t understand how judges, sick of Livinglies BS, function…
One LL regular recently got slammed on appeal and the attorney was… fined $1,000 for “frivolous motions” (along with other unpleasant consequences). Homeowner used every trick in the NG book, including BK. Just like Butler… who seems to have serious career choices to make. So does Homeowner’s attorney.
Here is the exchange between two people, who’ve frequented LL for years, got results, realized LL is a waste of time and still help people, in spite of Livinglies (a job-and-a-half, right there!):
“- [Appellate court decision] rendered a couple of weeks ago. It was to be expected.
– Village idiots. Got what they deserved.
– Yep. And he forked up $2,500 to Maher Soliman/Master Servicer to get that result! In addition to his own attorney’s fees…
– ROFLMAO !!! : Like a Seinfeld episode !!!! But in all seriousness, this kind of shit makes it difficult for me when i go into court, because i have to overcome the court’s perceptions that i’m just another loon.
– That’s exactly what I keep telling that insane crowd: they cause more damage to ALL homeowners in peril, past, present and future, than all the banks together: they have managed to sway judges so far on the side of the banks that it is almost impossible for legitimate ones to prevail! Of course, if they could shoot me, they would…
– They won’t listen to you….but you’re the only one over there that has actually won anything. Truly an insane asylum. [Same] folks, same arguments, same pitiful crying, wailing and gnashing of teeth.”
Is that longtime LL blogger going to come back and warn people not to do what he did? Probably not. None of them has thus far. Pride runs high here. No results but pride the size of Texas. Common thread among all LL bloggers. Pride and refusal to take responsibility. They lose, they disappear and will never fess up. If they stick around, it’s to play the blaming, whining game: all judges are crooked, all attorneys are incompetent and the whole game was rigged. Playing right into banks’ hands again!
And NG remains the God of foreclosure defense, with NOT ONE WIN to show for years of misleading people. Not one case tried. No result whatsoever but a very profitable website bringing him truckloads of suckers, of which there seems to be an unlimited supply.
Way to go Neil. You got the right idea.
NPV,
Yes, this was orchestrated long ago. And it could only be because people had been dumbed down so much by their TV set always turned on that it was not only easily doable but guarantied to work: banks, corporation and the federal reserve (neither federal nor a reserve) knew exactly who they were dealing with and what they were doing. They had manufactured brainless robots and it worked.
That was then. People and attorneys alike got taken by surprise. They were overwhelmed. They flapped their wings aimlessly, trying to find help and casualties piled up. And then came the scavengers, ready to make a few bucks out of the ruins.
This is now. For every case which succeeded, tens of thousands built on fairy-tale theories and useless “securitization reports” failed and were overturned (but there are so many, Rock has the list), leaving behind a trail of cases banks can now use to prove the point they made from the get go: homeowners in foreclosure are stupid deadbeats and marginally intelligent. Banks’ take. Not necessarily mine but it has to be said: that’s what they can now prove over and over by the enormous, humongous preponderance of the evidence left by suckers who caved in to the scavengers, the parasites and the profiteers.
Remaining there like a deer in headlights, as people fight so hard here to remain, is to banks’ advantage. Same complaint as 7 years ago, same gripes, same pathetic stories, same apathy, same “hug me, I’m scared”, same resistance to learning what works and what doesn’t. 7 years later, homeowners are still creating new case law for banks to use, using the same stupid theories.
Stupidity is doing the same thing over and over and expecting a different result. I didn’t say that: Einstein did… Homeowner are desperate to prove him right while more and more competent attorneys are waiting to find that one potential client, smart enough to do a timeline, get the documentation to prove servicer’s wrongdoing before foreclosure by writing intelligent letters, getting names and… attacking BEFORE foreclosure. Still doesn’t happen.
7 years is a long time to NOT learn. One has to NOT want to learn, after that long. Funny… the same people keep writing on this blog year after year, having accomplished nothing, accomplishing nothing and nowhere near accomplishing anything. They just ramble aimlessly.
Banks were right: they knew whom they were dealing with… They have nothing to fear from such a compliant bunch.
Now, let the hyenas loose. That too proves Einstein right.
Painful to read my own comment
I want my life to be my life; not the one they are making me LIVE.
Someone wants to steal and they have a note claiming it’s endorsed to them like those ‘third party checks used to be’.
Once upon a time, long ago, I could get paid by a job, sign the back of a check, then hand it to someone else who signs it and deposits it in their bank.
I remember going to a bank to cash a check and writing Pay on the back, and the woman asked me why did I do that and I said, “because I can.”
She told me that when someone writes Pay and sign, that only they can be paid from the instrument, no one can come behind and sign and get paid off that check. Restricted endorsement, I think.
Then she proceeded to stamp it with the bank stamp (which is their signature) and process the check.
I was like, uh, (and thinking to myself, her bank can’t get paid off my check, cause I limited who could benefit from it to only me. But with no one looking they probably increased their asset side of their books and made a fractionalized loan off it the same day)
The post office has money orders that say Pay to:
Banks issue checks that say Pay to the order of which is a Pay-to-or-order, and someone can come behind and do the or-order part and get subsequent transactions to occur on that or-order.
Didn’t take long to shut that ability down, now businesses started pushing everyone to do electronic deposits to get paid. I was told to set it up to get paid, and I did, but I had the right to cancel it and I did.
It is clear anyone arguing, even in court (will get pulled into a terrible dispute).
When the bank makes the homeowner become the plaintiff, the homeowner is automatically victimized by the system for ‘lack of knowledge’ of how to argue properly.
We weren’t meant to argue, and that did not come into play until banks used attorneys, who are trained to argue, to force us, peaceful inhabitants, into court to try to defend our rights to property and to not be robbed, but being the only one to defend a right, we are called defend-ant which is pretty much defend-cant and we get robbed by the whole process, and we are the ones that created the financial windfall that started the entire process!
We are the creators of the promise and someone else took our creation and created the monetary instrument built off that promise, and they abused their creation and came back to us to abuse us for what they did.
I was not born when the system was set up, I opted out of voting, actually went to the county and had my name removed from their system, when the fed was voted in by a few no-good men, they didn’t represent me nor my ancestors and no one can prove they did represent my ancestors. They do not represent my posterity, and I consciously do not want to be grandfathered into an unconscionable lifestyle by unconscionable means.
If someone does something they would not normally do, but did it because they were forced from one who made them through show of authority, its entrapment.
The thing is, we aren’t induced to commit a criminal act, we are victims of criminal acts caused by inducement of the financial, legal, and judicial system and there is no one to protect the innocent people, we are the ones that need protection.
If a purported government can’t protect the victims, then what does it exist for? I should not exist. I mean we have removed leaders of other countries for damage to fewer victims that our own country has done to us, and everyone is afraid of an invading force coming here when we have already been invaded and need a force to come in and remove them, get them out.
I want my life to be my life; not the one they are making me life.
Trespass Unwanted, Creator, Corporeal, Life, Free, People, State, In Jure proprio, Jure Divino
…. And what saved me ( my case) was not trying to ” eat the elephant”
I looked at what evidence i HAD not what i did NOT have. The global financial wheel is not an issue in my case. I had a mortgage loan contract.
De-fund the world central bankers by repudiating their fraudulent debts.
The choice of “congress having the right TO COIN money” may be unfortunate, but, nowhere in the constitution does it say…
“In Place of congress COINING MONEY, We The People would rather have a minority, private banking, self-anointed financial nobility create US debt out of thin air and then manipulate it on computer screens”.
I had my copy, but, if I recall correctly, it doesn’t say that anywhere.
It also doesn’t say: “The American Electorate should NEVER, UNDER ANY CIRCUMSTANCES, EVER elect any politician that hasn’t fully explained they recognize and repudiate the American Central Bank, the intentionally mislabeled ‘Federal Reserve’ as an intentional fraud”…
But, it should.
Equitable Tolling should be used to announce, across the world, the fact that the financial elites are now a proven, bankrupted fraud.
Restore the “Greenback”. End the FED. I am NOT your friend and corporations are NOT People.
May i point out re winners n loosers
Its been well over five years since i filed suit, two attorneys left my case in such a position that no attorney would risk his/her shirt per se im still arguing in part due process, no one wins at Lower court level these cases were what i call ” teethers” we now see this IS hiw long it takes, hence not too many winners, and its not even something to be ashamed of its expensive, tiresome, emotionally harmful and interferes greatly with enjoyment of life. The truth comes up when you discover things that start to show a patturn and the pieces start to fit, the concealment the deceit upon borrowers and the court are now all too apparent and it takes a lot to get the court to admit – they were infact – wrong, but its not neccesarily the court ( judges) fault
It was the chicanery.
@ christine – i am here and I won on the loan level. On the larger scheme of things, as they may be, we are all losers. The FED has put the cycle of home buyers on hold by not letting the wash-out occur, touting deflation as their primary reason.
This is a lie, they are not positioned for the reset yet, and Neidermeyer is right, this was all orchestrated 20 years ago. Ibanez simply made them switch to plan B.
They are past mortgages and continue to hoard commodities and buy agricultural land via the world bank. They know we have to eat!!
@ neidermeyer,
Thank You, I tend to be long-winded and for that, I do apologize.
At the same time, I feel defrauded borrowers and investors alike, are in a unique position in this while our country stands at yet, another crossroad in history.
The “Central Banking Paradigm” coupled with “Free-Trade Agreements” are the twin inventions of the English Banking System…
Period… Beginning of story…. We The people should repudiate the notion of a “Royal Class” once and for all.
Frankly, the notion one, self-anointed minority predicated upon some scrubbed claim delivered via duress and thuggery, down-the-ages, trumps the very survival of those that don’t recognize them as a noble elite is a bankrupt notion indeed.
The present financial elites see themselves in this sort of light, while US “common folk” are simply suitable for stress unto death while delivered into an early grave.
These people and what they have done to this once-great country make me physically ill and they are suitable for hanging; beyond that, I am at a loss to say…
Anyway, the investors and borrowers, through simple accounting, ought unwind the false positions of the wholly-corrupted banking elites.
The financial damage done should have the NET effect of sequestering the hyper-inflationary “Federal Reserve Notes” so they are held, out of circulation against the day the victims are capitalized on the crimes given in their name as opposed to the perpetrators.
In short, Harvest the 682 Trillion in FED notes and place them in trust and care of We The People, NOT, We The Bankers.
End The Fed. I am NOT your friend. Corporations are NOT people.
Plant more acorns, We are gonna need more trees.
Niedermeyer,
After 7 years and no winners on this site, I doubt it. See any serious attorney with a proven record coming here? Nope. In fact, those who used to stopped. That tells me everything I need to know.
Hi, this is Christine, sorry I missed your call. I’m busy fellating any bank apologists that wander into Neil’s blog. Leave a message and I’ll get back with you. K?
@ Michael Keane ,
JFK was assassinated just after he authorized issuing “United States Notes” from the Treasury to bypass the Federal Reserve..
I agree completely with your post… the 600# Gorilla is the B.I.S. .
@ Christine ,
GET OVER YOURSELF ,
*************************
Contributing to and perpetuating a sad state of affairs where banks are provided increasing amounts of bad cases filed by unethical attorneys and moronic pro se to draw from and crush homeowners with is not “caring”. It’s simply criminal.
*************************
This is ALWAYS THE CASE when you have a small well armed coordinated TEAM with pre-planned strategies , unlimited funds and a “prevent” defense. The dozen or so major underwriters and plaintiffs had their strategies planned DECADES before the crisis when they created MERS and had laws passed on their behalf… We are individuals and they thought they could shoot us down one at a time AND THEY WERE RIGHT,, however they knew they could not keep everything secret forever and that’s why we’ve had 5 years of sanctions,,, it’s part of their defense plan to get inoculated by the government, pre-ordained via their symbiotic revolving door appointments between wall street and FedGov … to buy time.
IT WAS ALWAYS GOING TO BE THIS WAY…
As their actions become “common knowledge” within the herd (they consider us to be barnyard animals with them as ranchers) there will eventually be some kind of grand compromise where the FedGov sweeps away the criminality , throws the homeowner a bone and re-enacts functioning oversight…. this will be part of a plan to maintain the “credibility” of the banks collateral either that or the whole damn thing collapses and it’s a Mad Max world.
We are getting to a resolution and the mortgage mess is a big part of the worldwide re-hypothication scam that nobody wants to see end because there is going to be hell on earth when entire governments , supply chains and currencies crash.
Christine , you will soon be getting your wish ,, homeowner defenses will sharpen and become better sooner rather than later… I guarantee it.
Slowly, the scam is coming out. We need some more whistleblowers in the know. BTW, how much do you get paid to be a shill on blogs/websites like LL?
@ Deborah wynn,
I agree. sooner or later the truth will come out.
Everybody is afraid the American Dollar is at risk internationally.
I disagree.
I say We The People repudiate the debts claimed on our good faith since 1913…
I say We reinstate the “Greenback” as created by Abraham Lincoln under far more treacherous conditions than are present today.
I say defund the “Federal Reserve”, it is bankrupt anyway.
Then, as per Ellen Brown, recreate the “Federal Reserve” as a type of “Public Utility” that serves the whole electorate, not just private bankers and their corporatist playmates.
That way, money created in the system goes into public coffers, not private pockets.
The congress, as per the constitution, was given the power to “coin” our money. And, whether the term, “coin” is unfortunate with regard to creating paper money is irrelevant.
Nowhere in the constitution does it ever say “foreign, private bankers with ties to other countries can create paper money and then hold the American electorate responsible for payments on those debts”.
I would argue, as per the 16th amendment, taxes are necessary.
I would also argue taxes are meant to be paid by corporatists also.
If you look at the current counterfeiting scheme the banks are using to steal property, it goes, hand-in-hand with their notion the 1% is above paying taxes also.
After all, the loans never entered the trusts… as such, they never properly garnered tax deferments…
The tax status on those loans is crippling to the person or persons that made the “loans”.
I don’t feel it is a stretch to say tax avoidance is part of this scam from the outset.
Im typed out now as you can see. Sorry
Michael Keen
It appears to me also as a mission in keeping up the illusion. Many unclean hands to it. To profer who saw this coming is rudiculous, of course the borrower got duped thats why it was easy for wallstreet and theur accomplices, borrowers are not schooled and neither were the attorneys and the judges to such a degree of unbelievable ramifucation, this whole mess is emerging layer of deceit by layer of deceit but it is emetging TRUTH has a reputation for that by definition.
Today i just today, i thought i would give you back what you give
See what i mean – negativity doesn’t serve does it
I believe the MERS is used to track pay-offs on the different tranches on each of the individual loans as they correlate to insurance swaps taken against those loans.
Having said as much, I wouldn’t begin to know where to look for the evidence except to say, distressed borrowers and investors alike, have mutual cause to gain an understanding of the person or persons that actually did fund the loans.
Of course, the DTCC and DTC own and operate the derivatives market and we will never understand what is really going on until we get to the bottom of those insurance swaps.
The DTC and DTCC are owned and operated by the same bankers in residence to the intentionally mislabeled “Federal” “Reserve” which is neither “Federal (instead, owned and operated by a private cabal of international bankers)”, nor, possessed of any “Reserves (the money created to support this now wholly bankrupt system is pulled from the thin air and manipulated on computer screens)”.
The derivatives are currently reckoned as a “short-fall” to international finance estimated at 682 Trillion Dollars should the foreclosures not actually occur.
As such, they are a “self-fulfilling prophecy” with the evidence tightly monitored by the criminals that have manipulated borrowers and investors alike since the end of the “Sub-Prime BOOM” that was engineered by these very same bankers.
In fact, the article above speaks to Michael Lewis’s description of different “floors within towers” that represent comparative safety vis-à-vis risk of those occupants of those floors…
In other words, it describes the “tranches” and the positions of the investors relative to their exposure to the performance (payments made by borrowers) on the underlying debts (the mortgage payments).
Neil Barofsky describes the same tranches as “glasses of beer” taken from a community “Pitcher”…
As money comes in (people paying their mortgage) the beer gets doled out to those first in line (investors with conservative interest rates within the pools of loans) and then those next in line (investors with riskier interest rates within the pools of loans).
The article is correct in that the loans have been “commingled” and as such, money on one is then paid to an investor on another based upon their “floor in the tower” and whatever position that investor has taken in relation to his/her proximity to the “pitcher of beer”.
Neil Barofsky, in “Bailout” also goes a bit further than Michael Lewis. He explains that the safest investments are usually in the first round of beers (as cds, or, credit default swaps) and the next positions are those where left-over beer is then emptied from other pitchers, from other pools to create “new pitchers”…
Then that riskier amount of beer is then bet on as “collateralized debt obligations”…
And then, once the investors have had their monthly fill of payments left over from those pitchers, the beer at the bottom of those pitchers gets commingled with similar pitchers from completely different, unrelated pools of loans and that amount of beer is bet on as “synthetic collateralized debt obligations”.
The point is: the bets taken by the banks, while misleading investors and borrowers alike, through fraud at origination, manipulation of the LIBOR, manipulation of the ratings agencies, manipulation of counterfeit possessions and transfers of title, etc. has created insolvency for the banks.
Therefore, the banks must pursue foreclosure or they will have proven to have drunk themselves, through gluttinous GREED, into oblivion.
Sadly, these amoral intoxicados have convinced the law enforcement bouncers across this once-great nation, that THEY and THEY ALONE are the only responsible and NECESSARY stewards to the international financial sector.
Nothing could be further from the truth.
Interestingly, it seems to me, as the pitchers begin to dry up, some bartender or another must be monitoring the flow from the individual loans in order to evaluate which, among those loans, has stopped delivering the beer.
That bartender, as a result, is in a unique position to “tip-off” his best customers on which loans will likely “pay-off” through short sales placed on the default of that loan.
It is a simple thing really to monitor monthly “Remittance Reports” and thereby project the “points” or “spread” on the game.
It always pays to know the bartender.
The money trail is most important in this fight. Of course, the banks are denying distressed borrowers knowledge of that money trail and will continue to do so until evidence to the contrary forces them to reveal their misdeeds.
Go to your lawyer’s office, unannounced and collect his/her file on your loan. I can’t say you will be successful in finding evidence of misdeeds within that file, but I can, through personal experience, say it might just surprise you what you might find.
Oh your so overqualified christine
Caring means arming people with the right tools to successfully fight.
Contributing to and perpetuating a sad state of affairs where banks are provided increasing amounts of bad cases filed by unethical attorneys and moronic pro se to draw from and crush homeowners with is not “caring”. It’s simply criminal. And attacking anyone who points it out is stupid. It doesn’t do a thing to us. And it serves to prove that America is getting what it deserves.
One asks oneself – why do a certain group of posters on here put in so much effort to discredit anothers opinion. Because it does appear to be, a lot of effort. Why? Because you care?
Maybe now you see why a 1099a issued by a servicer is a fraud because they are NOT the lender
Rock,
What they don’t understand is that, for every case homeowners won and which stuck, tens of thousands idiotic ones gave banks all the ammunition they need to crush them. They keep providing banks with case law proving banks’ arguments. They play right into banks’ hands and they’re proud of it!
Rock or is it Crack?
http://stopforeclosurefraud.com/2015/02/24/takushi-vs-bac-home-loans-servicing-lp-scotus-petition-for-writ-of-certiorari-is-granted-jgmnt-vacated-remanded-in-light-of-jesinoski-v-countrywide-home-loans/
NEVER AGAIN
Yes Java god knows what they made on the security instrument, and god knows they lost nothing.
Im embracing my inner child
Rock
You are a big snob
Christine, that’s why I won’t engage in conversation with an illiterate.
Yes they bloody well do
Go read Sec.gov/answers/mortgagesecurities
It spells out the fundamentals:
Note with MBS theres no sale of interest in real estate or actual purchase of real estate, it is only backed by mortgage securities.
The MBS represent CLAIMS to the cash flow from pools ( where your mortgage payments SHOULD end up ( assembled into pools by a government, quasi government, or private entity, who then issues securities that represent CLAIMS on the principle and interest payments made by borrowers on the loans IN the pools.
Once you get this figuring from that you might examine what the “trustee” is doing in court and in what authorized capacity and how it can be stripped down. ( caps and bracketed comment mine – not an attorney do your own research and seek great council if you possibly can)
Rock,
You’re wasting your time. They don’t want to learn.
Hey Rock what you got to say about this decision
https://www.evanmrosen.com/2015/02/23/judge-enough-tells-bank-lawyer-referring-bar-latest-trial-win/
Lay off the Rock first thing in the morning. Is it Rock Cocaine or Meth?
NEVER AGAIN
Rock you aint worth a defamation lawsuit
Finally Neil Garfield Gets it.
NEVER AGAIN
CRIME DOESNT PAY.
This is more nonsense from a scammer misinforming unsuspecting people who then become dupes filing useless lawsuits, wasting their time & money. In his post this scammer makes a statement courts have opined is nonsense: “if servicer advances and credit default swaps cover your loan payments (from swap holders in other funds!!) you are not even in default nor has the fund suffered a claimed loss.”
Flores v. Deutsche Bank Nat’l Trust Co., 2010 WL 2719848, at *4 (D. Md. July 7, 2010), the borrower argued that his lender “already recovered for [the borrower’s] default on her mortgage payments, because various ‘credit enhancement policies,'” such as “a credit default swap or default insurance,” “compensated the injured parties in full.” The court rejected the argument, explaining that the fact that a “mortgage may have been combined with many others into a securitized pool on which a credit default swap, or some other insuring-financial product, was purchased, does not absolve [the borrower] of responsibility for the Note.” Id. at *5; see also Fourness v. Mortg. Elec. Registration Sys., 2010 WL 5071049, at *2 (D. Nev. Dec. 6, 2010) (dismissing claim that borrowers’ obligations were discharged where “the investors of the mortgage backed securities were paid as a result of . . . credit default swaps and/or federal bailout funds); Warren v. Sierra Pac. Mortg. Servs., 2010 WL 4716760, at *3 (D. Ariz. Nov. 15, 2010) (“Plaintiffs’ claims regarding the impact of any possible credit default swap on their obligations under the loan . . . do not provide a basis for a claim for relief”).
Again, attacking the contract for breaches, errors, tortuous conduct, set-offs etc., is the ONLY PROVEN methodology that works.
The trial payments are put in a suspense account.
How does Fannie Mae and Freddie Mac involve in all of this mess. That’s what I want/Need to know.
addition to my previous post. The big question is, WHERE DID YOUR TRIAL MOD PAYMENTS GO IF THEY DID NOT GO TO THE TRUST? WHO IS THE SERVICER SERVICING FOR?
If you have entered into a trial modification agreement the agreement states your trial payments will be put into escrow until the payments total the amount of your original P&I payments. Once the escrow account has the funds that equal the original P&I payments this amount will be credited to your account. If you have access to the monthly distribution reports the trust generates for the investors you will see your trial mod payments never made it to the trust but the servicer is showing your payments on their loan history reports. When asked how this can be. The trustee states they can only report what the servicer provides to them and the servicer does not respond. The problem is the trustees have signed over their trustee duties and responsibilities to the master servicer. This raises the question how can the trustee than be listed as a plaintiff.
The banks need to repay us !!! End of story. Period.