So here is my theory. Administrative findings have a presumption of validity. This fine is for continuing false, fraudulent and defective claims, like all the banks did. So it seems to me that the fine and the charges against JPM Chase constitute a finding of fact — the fact being that Chase is continuing to violate the law and is using fraudulent and defective claims against unsuspecting borrowers. Judges seem to be viewing this as a one-off — “You must owe the money to somebody so why not Chase?”
*
In my opinion this presumption by the Judges needs to be challenged aggressively. But it gets easier as the evidence piles up with administrative agency findings that what the borrowers are saying is true. It seems to me that it is better and more credible to give a presumption of truth to the administrative findings of fact than the presumption of truth on “facially valid” documents that we already know are most likely defective.
*
Any other approach continues business as usual — homeowners are losing their homes to volunteer intervenors (the banks and servicers) who have no interest in the loans and no documents that are credible which would show otherwise. Why haven’t the real parties (investors) stepped forward? Lots of reasons, not the least of which is that they have no idea what is going on since they do not get reports on individual mortgages and they prohibited from inquiring in the prospectus they signed when they bought certificates from a pass-through trust.
*
Why doesn’t the Trust step forward directly and why doesn’t the trust have a single witness at foreclosure trials? Simple, the Trusts are creatures of the investment banks, which is why nobody complained when the money from sales of certificates was not given to the Trustee, who did not expect it, nor the Trust which didn’t have a bank account. The Trustees were named as window dressing with no duties to perform.
====================
reuters.com | January 7, 2016
JPMorgan Chase (JPM.N) has been fined $48 million for failing to meet terms of a settlement to resolve mortgage servicing violations, U.S. bank regulators said on Tuesday.
The fine will be on top of another $2 billion that JPMorgan had been ordered to pay to cover remediation costs and foreclosure assistance to borrowers, the Office of the Comptroller of the Currency said.
JPMorgan was among a number of banks which participated in a 2013 nationwide settlement with regulators over the practice of robo-signing, in which banks pursued faulty foreclosures by using defective or fraudulent documents.
The OCC also said Tuesday that EverBank (EVER.N) will also pay a $1 million fine for similar violations connected to the mortgage servicing case.
Filed under: foreclosure |
No justice in Virginia….Supreme Court of VA simply swept the case under the rug refusing to hear it….I.gave notice of going to US Supreme court….checking on some other alternatives…..ready to sue the commonwealth of virginia for such gross negligence but have a lot of homework to do before taking that step…..very frustrated the courts are running around avoiding the truth by refusing to answer my 3 very simple questions.
@ Sheri or anyone else involved in foreclosure with BWW LAW Group as the fake representative/trustee for any servicer/investors. We need to join together and go after their bond. Please hit me up at brenda4103@comcast.net. BWW present fake note in court:
GMAC Bank (J. Gray) endorsed by note to GMAC Mortgage (D. Chiodo). Bankruptcy case Vaccarro;: GMAC Bank (D Chiodo) endorsed note in blank to GMAC Mortgage (J. Gray). See the flip flop of who signed for what bank? And then I get a letter from GMAC Bank that they never owned any loan for my property address. brenda4103@gmail.com
@terri evans….I have no reason to believe that BOA ever had anything to do with my loan……I think it is all fraud by the attorneys…..
Sheri If your mortgage is like mine it is owned by GNMA. My mortgage was purchased by GNMA in 2009 and BOA did not admit it till 2012. GNMA changed my servicer to Carrington and they are bigger crooks than BOA.
http://www.sauerwein.com/news/illinois-appellate-court-invalidates-mortgage-where-lender-was-not-properly-licensed-under-the-residential-mortgage-license-act/
Did it ever cross your mind that these so called fines are just put into the media to make it appear that something is being done? Do you think these so called fines are actually paid? Wake up and smell the coffee..we live in a LIE system.
Reblogged this on UZA – people's courts, forums, & tribunals and commented:
And, the fine gets paid out of thin air, no less; on the issuing of a negotiable instrument or some similar contrivance; in peace
@BLD Thank you so much for your response. I will start at the end and work backwards. I know Kristi. She helped me previously but the last time I talked (to be honest I sat in her office and cried) was about 2 years ago right before the writ for possession. She and her group primarily focus on class actions in Federal court. And mine are state court issues (or so the 4th circuit said). She also is focused on Federal issues.
in 2012 & 2013 I interviewed or retained briefly the 5 or 6 attorneys I could find in northern VA and one in Richmond that work on foreclosures. . And I learned something from each one. But I also realized that each had an approach to foreclosure cases and none of their approaches matched the facts in my case. It was like squeezing a round peg into a sq hole.
I have a clarity on the issues, what Wells did and how they did it much better now than then. And I have it documented. I am not so sick now and am less emotional. Just determined to get to the truth.
The foreclosure attorneys (BWW Law and their affilitated Equity Trustees) and the Wells Fargo attorneys are named in the fraud case as individuals. as well as their firms. The Wells Fargo attorney is a former law clerk in the Fairfax County court and I know he goes to chambers to discuss the case with them. That became very apparent when I went to Calendar Control in the Spring 2015. I have planned to go the the VSB but doubted anyone would do anything. One of the counts is for Extrinsic fraud by the attorneys. Yes there is wrong doing…..and they should be disbarred.
Years ago I contacted David Irvin in the Consumer Protection section of the Attorney General’s office, I was pleased that he responded but disappointed there was no followup and no real help. ……. I copied the Solicitor Generals’ office on the Petition to the U.S. Supreme Court, I have contacted several members of the General Assembly (no one answers), I have contacted one state senator Janet Howell who refused to meet with me, I called the FBI 3 times, who told me they wouldn’t touch it as long as there is active litigation, I contacted the CFPB and have cases that have been open for years. (but they did get this letter from BOA stating they are not the lender). I have contacted the Governor’s office. I tried everywhere I know to try. So I’ve ended up trying to do it on my own.
In 2013 I knew they were re-selling the Rental house and I filed a lis pendens and sent it to BWW Law group. They sold it to the buyer anyway knowing they didn’t have clear title. The new buyer is also included in the current case as a person with an interest in the property. His attorney is the only one who has been honest in the proceedings. He’s in a tough position because his client wants to keep my house, but his attorney knows the sale to him was unlawful. The Primary Residence is still sitting vacant though they tried to hurry up and re- sell it last Spring when given notice the fraud case was forthcoming. Another lis pendens and I manged to stop that re-sale.
I really don’t have a case against BOA if it’s all fraud by Wells Fargo the servicer. Without any further evidence I think Wells just used their name. There is nothing to tie BOA to my house except docs created by the foreclosure attorneys.
I will say that this nightmare began when the builders wanted my property to build mcmansions, the new owners of the mcmansions ganged up on me, filed a bogus $1 mil lawsuit, cost me $91,000 in legal fees and caused a financial hardship right be before the bottom fell out in 2008. I have a nagging thought that those same neighbors somehow got control of my mortgage to complete the damage since they got no where with the lawsuit. At this point it’s just a hunch….I need some evidence.
Sheri
Sheri,
Sounds like clouded title on homes. Whomever ‘presides’ in them now will have no ownership nor will anybody else.
Try to contact Dave Kreiger. He a has a wealth of information and knows expert witnesses all over the country.
McDonnell Analytics has an excellent reputation and their resumes are posted on line.
Are you able to name your former attorneys and the attorney who conducted the foreclosing? You may want to try to have them disbarred…it will not cost you any money to report all of this activity to the Virginia State Bar. If the bar imposes sanctions/discipline you may be able to recover attorneys fees. You have to prove misconduct but if they are disciplined you can then sue them in civil court.
VSB also helps with attorneys who do pro bono work.
You should try to contact as many government officials in VA to see if you can gain traction. There was a huge class action against BOA and damages were awarded…ten million. See if you qualify.
Try Consumer Litigation Associates and Kelly and Crandall as they have succesfully sued many players and foreclosure mills involved in this scheme. They have several offices in Virginia.
@ims53 Wells is claiming to be the servicer and I have no reason/evidence to dispute that. But Wells has stated all along that BOA is the investor…
Kalifornia…
Will you please reply to my request for your input?
https://livinglies.wordpress.com/20
16/01/26/truth-in-lending-accidentally-disclosed-by-title-company/#comments
Forgive me for any typos.
@Sherri, If it was assigned from lender to Wells and there is no other paperwork showing it went anyhere else, I would say it is wells note. Is there an endorsement to BOA, if not then it is Wells Fargo, cut and dry and their stonewalling is only to make you look worse. I would emphasize that. Show the chain of title or rather in your case Non-title to who is claiming to be owner. Who is claiming to be the servicer? Its not your problem that the banks cant get their paperwork together. See this is the problem, they started this and somehow they want to pin it on the borrower when it is their problem, they cant get it together and they cant get it together because they have to create the fraudulent paperwork to create the fraudulent chain of title. document all your conversation and their lack of proof and slam them it the courtroom. Don’t let those court terms or format intimidate you. I know the hard part for us all is getting the court to listen. We have the facts, the court just don’t want to listen plus remember these attorneys and judges really have no training in this foreclosure epidemic. They are just trying to cash in on the latest scam. Stand your ground!
Sheri Daniel , YOU NEED TO GO TO YOUR LOCAL FBI OFFICE WITH EVERYTHING. REPORT ALL AS FRAUD.
please all read the following. as i stated before. its all , IF, WHEN, MAYBE,
FREE WRITING PROSPECTUS PRELIMINARY POOL INFORMATION
GMAC MORTGAGE CORPORATION
SERVICER AND SPONSOR
RESIDENTIAL ASSET MORTGAGE PRODUCTS, INC.
DEPOSITOR
GMACM MORTGAGE LOAN TRUST 2006-J1
ISSUING ENTITY
GMACM MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2006-J1 (THE “CERTIFICATES”)
THE DEPOSITOR HAS FILED A REGISTRATION STATEMENT (INCLUDING A BASE PROSPECTUS) WITH THE SECURITIES AND
EXCHANGE COMMISSION FOR THE OFFERING TO WHICH THIS COMMUNICATION RELATES. BEFORE YOU INVEST, YOU SHOULD READ
THE BASE PROSPECTUS IN THAT REGISTRATION STATEMENT AND OTHER DOCUMENTS THE DEPOSITOR HAS FILED WITH THE
SECURITIES AND EXCHANGE COMMISSION FOR MORE COMPLETE INFORMATION ABOUT THE DEPOSITOR AND THE OFFERING. YOU
MAY GET THESE DOCUMENTS AT NO CHARGE BY VISITING EDGAR ON THE SEC WEB SITE AT http://WWW.SEC.GOV. ALTERNATIVELY, THE
DEPOSITOR, ANY UNDERWRITER OR ANY DEALER PARTICIPATING IN THE OFFERING WILL ARRANGE TO SEND YOU THE BASE
PROSPECTUS AT NO CHARGE IF YOU REQUEST IT BY CALLING TOLL-FREE 1-800-323-5678.
The information in this free writing prospectus, if conveyed prior to the time of your contractual
commitment to purchase any of the Certificates, supersedes any information contained in any prior similar
materials relating to the Certificates. The information in this free writing prospectus is preliminary, and
is subject to completion or change. This free writing prospectus is being delivered to you solely to provide
you with information about the offering of the Certificates referred to in this free writing prospectus and to solicit an offer to purchase the Certificates, when, as and if issued. Any such offer to purchase made by
you will not be accepted and will not constitute a contractual commitment by you to purchase any of the
Certificates, until we have accepted your offer to purchase Certificates.
The Certificates referred to in these materials are being sold when, as and if issued. The issuer is
not obligated to issue such Certificates or any similar security and the underwriter’s obligation to deliver
such Certificates is subject to the terms and conditions of the underwriting agreement with the issuer and
the availability of such Certificates when, as and if issued by the issuer. You are advised that the terms
of the Certificates, and the characteristics of the mortgage loan pool backing them, may change (due, among
other things, to the possibility that mortgage loans that comprise the pool may become delinquent or
defaulted or may be removed or replaced and that similar or different mortgage loans may be added to the
pool, and that one or more classes of Certificates may be split, combined or eliminated), at any time prior
to issuance or availability of a final prospectus. You are advised that Certificates may not be issued that
have the characteristics described in these materials. The underwriter’s obligation to sell such
Certificates to you is conditioned on the mortgage loans and Certificates having the characteristics
described in these materials. If for any reason the issuer does not deliver such Certificates, the
underwriter will notify you, and neither the issuer nor any underwriter will have any obligation to you to
deliver all or any portion of the Certificates which you have committed to purchase, and none of the issuer
nor any underwriter will be liable for any costs or damages whatsoever arising from or related to such
non-delivery.
The mortgage pool information in this free writing prospectus was derived from a preliminary pool of
mortgage loans which is not representative of the mortgage loans that will comprise the final mortgage loan
pool. The preliminary pool of mortgage loans represents only a portion of the final mortgage loan pool and
mortgage loans that are included in the preliminary mortgage loan pool may be removed from the final mortgage
loan pool. It is expected that the characteristics of the final mortgage loan pool will differ, and may
differ materially, from the characteristics of the preliminary pool of mortgage loans set forth below.
Although the characteristics of the final mortgage loan pool are expected to be similar to the
characteristics of the preliminary pool contained in this free writing prospectus, they are not expected to
conform in all material respects.
@ims53 I originated the loan with First Savings Mortgage. They have confirmed they assigned it to Wells Fargo as lender and servicer. The note shows that assignment. The only other assignment on the note is from Wells Fargo to Wells Fargo. No mention on the note of BOA. No mention on any of the docs of a trust.
But all the foreclosure docs were done name of BOA. And when they filed for eviction, suit was in name of BOA. But then I got the IRS 1099 and it was in name of Fannie Mae. When I questioned it, Wells just created a new 1099 now in the name of Wells.
I talked with Fannie’s fraud office and the Fannie loan number that is on the loan modification cannot be a real Fannie number because it is in the wrong format. Fannie told me they are not the investor.
The litigation then proceeded all the way to the US Supreme Court in the name of BOA. The Wells Fargo attorneys represented to the US Supreme Court that they were representing BOA. Then I got a letter from BOA stating they have no record they are the investor for my house. I spent 2 hours on phone with BOA and they could not find any record.
The Wells Fargo attorneys have refused for the last year to answer any questions….they lie and stonewall
In May I filed a fraud case against Wells and their attorneys
In addition the County land records and tax record shows BOA owns the house now…..but BOA has no record of it.
Is this massive fraud?
Sheri
@Sherri, Who did the note and mortgage say the lender is? mine was always JP morgan chase and as you I have no reason to think anyone else came into play along the way, probably is BOA. The truth is someone needs to come forward. Who started the foreclosure suit. If there is no assignment of record. Are they saying fannie mae and using one of those piece of crap POA letters assigning the rights to Fannie mae. Then I say that the original lender is and remains. These banks will toy with you who the lender is to they slam the door shut on you. lender is BOA and if no evidence of a PSA which is a fake paper anyway. These banks are the original lenders and use this trust game to hide behind. Like Neil says there is no trust, no PSA. These are all stall tactics to put you deeper in the debt and steal your home. Just remember the longer you play their game, the more they want you to pay. This is how they justify stealing your home away. They want to make you look like a deadbeat and what better way than dragging it out to the point that you cannot pay them any longer. Scum of the earth.
Reblogged this on Deadly Clear and commented:
JPMorgan Chase (JPM.N) has been fined $48 million for failing to meet terms of a settlement to resolve mortgage servicing violations, U.S. bank regulators said on Tuesday.
The fine will be on top of another $2 billion that JPMorgan had been ordered to pay to cover remediation costs and foreclosure assistance to borrowers, the Office of the Comptroller of the Currency said.
JPMorgan was among a number of banks which participated in a 2013 nationwide settlement with regulators over the practice of robo-signing, in which banks pursued faulty foreclosures by using defective or fraudulent documents.
The OCC also said Tuesday that EverBank (EVER.N) will also pay a $1 million fine for similar violations connected to the mortgage servicing case.
@ Sheri Daniel
https://livinglies.wordpress.com/2016/01/26/truth-in-lending-accidentally-disclosed-by-title-company/#comments
@ims53 Thank you for the pep talk! I have done my homework and research. In early Dec I went before a panel of 3 judges at the Supreme Court of Virginia for 10 min to present at the Writ Hearing….I did the very best I could….they didn’t question what I said, they looked shocked but they refused the appeal. I filed within 24 hours a Petition for Rehearing.
What I need to know is: who is the lender on my loan? For the foreclosure, eviction and subsequent litigation I was led to believe it is Bank of America. But I now have a letter from BOA stating they have no record they are the lender. The note has no assignment to BOA. I have no reason to think it was ever put into a trust. It may be in a private investment. Is there a way to find out who the lender actually is? (It’s not a GSE).
Sherri, who knows you case better than yourself. Put it together and give it all you got. Don’t let the fear get you. There is plenty of information out there. Study other cases and put yours together and cite those cases and get in front of that old sleepy judge and tell your facts. Wake up the judge. Believe me they need some fresh faces. What a circus these foreclosure courtrooms are!
Less ranting and more concrete info would be very helpful to those homeowners who are trying to do something to save or recover their homes….I just called Certified Forensic Loan Auditors and spoke to a fast talking sales guy and I didn’t trust a word he said. I know enough to know that each case is different and he just said “this is a business and you need a securitization review..that’s $995″…only after i told him 4 times the loan is not securitized did he even listen and then hung up on me…..
I am so afraid of getting scammed again. That it’s hard to get real help. And I cannot afford to lose more money on attorneys. I have lost several thousand $ to attorneys who did absolutely nothing…..
Need some real help.
How do I file my claim? They foreclosed on me with forged docs from Marshal C Watson legal group not Choice legal. Thanks Carl Harris
http://www.msn.com/en-us/news/world/un-health-chief-zika-virus-is-spreading-explosively/ar-BBoOp7O?li=BBnbcA1&ocid=mailsignout
None of this well get me my waterfront property, house, 401k, dignity and the last five years of my life. Oh and in the final decree of foreclosure the greedy asshole taking my house Greg Dorn, through his shitbag attorney Biz Bieramee made us agree to never ever pursue claims against him or the foreclosure mill of Shapiro & Brown. Bieramee also represented the foreclosure mill. Not one judge saw that as odd or out of hand. Goliath won.
GMAC 2006-J1
36185MEB4
36185MEC2
36185MED0
36185MEE8
36185MEG3
36185MEH1
36185MEK4
36185MEM0
36185MEN8
36185MEP3
36185MEJ7
36185MER9
36185MES7
36185MEQ1
1
The CUSIP numbers appearing herein have been included solely for the convenience of the Holders. No
representation is made as to the correctness of the CUSIP numbers either as printed on the certificates or
notes related to the Trusts or as contained in this notice.
so NO one want to say , this is the truth. even the trustee. that said this.
FYI: An administrative finding of fact and conclusion of law does create a REBUTTABLE PRESUMPTION of correctness and regularity. Ordinarily, the statute of limitation to challenge the administrative order can be as short as 10-days, or as long as 90-days, with a few exceptions for tolling. If there is no challenge to the administrative order within the statutory timeline(s), the order is res judicata.
MTF (More To Follow)
Apparently bribes are a way to continue doing business.
Corporate charters can be revoked!
consumer News
01/05/2016
OCC Terminates Mortgage Servicing-Related Consent Orders Against JPMorgan Chase and EverBank, Issues Civil Money Penalties
07/08/2015
OCC Fines JPMorgan Chase $30 Million for Deficiencies in Debt Collection Practices and Servicemembers Civil Relief Act Compliance
06/17/2015
OCC to Escheat Funds from the Foreclosure Review, Terminates Orders Against Three Mortgage Servicers, Imposes Restrictions on Six Others
05/29/2015
OCC Takes Action Against Bank of America to Protect Consumers and to Ensure Servicemembers Receive Credit Protections for Their Non-Home Loans
Consent Order for the Assessment of a Civil Money Penalty (PDF)