Editor’s Note: Eric Mains, a former FDIC auditor, has written a provocative article. He is taking on the political issues as well as the legal ones. And the biggest political issue from my point of view is why the foreclosures are continuing. Given that law enforcement, regulatory authorities and the Courts know that that there was very widespread fraud, fabrication and forgery, why is the resolution steering toward monetary settlements, most of which do not reach homeowners in time and most of which do not give homeowners any meaningful relief.
In a nutshell, if we know that the mortgages are, at a minimum, suspect and that the foreclosures are based upon false premises, why is it OK to make homeowners bear the brunt of the losses through foreclosure? This is a good year to hold political candidates’ feet to the fire.
And on a legal issue, why are the banks continuing to enjoy the benefit of legal presumptions of false, fabricated and forged documents? If they didn’t get those presumptions, they would actually have to prove every element of their nonexistent case. The point of those legal presumptions is to allow cases to proceed expeditiously. But they are only available if there is no evidence or question about authenticity and validity. The banks should not be considered as credible sources of assertions. We already know that. And the presumptions are rebuttable. Yet courts have been regularly denying discovery re quests that would show that the presumed facts asserted by the banks are untrue and further applying them as proof of the matter asserted when the only basis for that finding is the presumption itself.
Fertilizer For The Garden Of a Proposed New Eden
Editorial by Eric Mains
The late comedian Sam Kinison once did a sarcastically painful skit imagining the apparent apathy of people filing past Jesus on the cross, bemoaning the tragedy of his pending death. Jesus yells down to them in response, “Maybe I wouldn’t have to die if someone would just get a ladder and a pair of pliers!”
This same apathy seems to be true of the politicians, DOJ, regulators, and media who would eagerly point to downtrodden homeowners on their public crosses, and who would use them as a platform to decry Wall Street greed-yet instead of helping them down from the crosses and saving them, instead choose to resign them to death as useful martyrs for a cause, moving on with their own agendas. This isn’t for lack of homeowners yelling down to them that they indeed CAN and NEED to be saved, it results from a conscious lack of willpower and courage on their ends to use the resources at their disposal to save the homeowners.
True enough, one can expect the Roman-like legions of Wall Street and their political allies to retaliate against those who take action to protect and help homeowners in need- including political intimidation, sanctions or other means of “persuasion”. However, one has to ask in a year where Bernie Sanders and Donald Trump have made it painfully clear that people are sick and tired of politics as usual, and the cycle of corruption and inaction, If our elected representatives are afraid to act NOW then WHEN do they intend to help? Do they plan to use the fallen after the fact to promote their own agendas? For use as fertilizer to grow a supposed reformed and better foundation for this country’s broken financial system, a new Eden?
The help homeowners in default or foreclosure need most pointedly right now is to be saved from the blatant and ongoing use of forged and fraudulent documents presented to courts across the country in order to foreclose on them. The sheer and utter hypocrisy of those who would proclaim that we need to stop future fraud and Wall Street transgressions, while doing absolutely nothing about this current fraud, is inexplicable. The existence of this current fraud and forgery is not speculation, but fact, as many of the attorneys representing homeowners will attest to, and has been written extensively about( See http://www.salon.com/2014/04/23/massive_new_fraud_coverup_how_banks_are_ pillaging_ homes_while_the_government_watches/ed).
This activity has continued unabated despite the much ballyhooed National Mortgage Settlement, and the dozens of other ubiquitous settlements like it. All of these investigations, settlements and fines have amounted to the sum total of a big “So What?” to Wall Street banks. The fines paid are the equivalent of a parking ticket to be paid until the next time they get caught. As a former federal bank regulator I try not to chuckle every time I hear about another fine being levied (mostly to no avail). What good does a monetary fine do when the institutions who are also supposed to INVESTIGATE and PROSECUTE those committing the fraud say, “You know what? That’s just TOO much work, we probably wouldn’t get a conviction anyway, so why try?” Usually these institutions refer to this criminal conduct as a “civil matter”. When did forgery and submitting fraudulent documents into a court proceeding become a ‘civil’ matter?
Ever wonder what would have happened if we took that stance with organized crime back in the day? Imagine the U.S. Attorney General saying, “We were going to go after the Gambino crime family for racketeering and murder, but that all seemed too futile…instead, we fined them for their illegal activities and gave them a stern warning. How’s that for deterrence folks!? Bet they won’t have the stones to try that again!” Unfortunately for homeowners, the shock and laughter such a preposterous statement would elicit turned out not to be imaginary- as we saw Lanny Breuer, Eric Holder, and others give pass after pass to Wall Street using much of that same logic, and on President Obama’s watch (See http://www.huffingtonpost.com/rj-eskow/7-things-about-prosecutin_b_3722188.html ).
2016 however is turning out to be one of those rare points in time where homeowner’s voices can be heard, and where those in power, and those who want to BE in power, are forced to listen willingly or not. For one thing, it is presidential election season, and those who would claim they have the credentials to help run the country and fix its wrongs are under scrutiny. For another, we had a recent rash of films about the housing crisis, from “The Big Short” and “99 Homes” to the upcoming “Money Monster” https://www.youtube.com/watch?v=va-0o_xBVnU reminding people of the damage from past fraud that is still with us, and will CONTINUE to be with us, for DECADES.
This is not an overstatement by the way, banks and servicers without proper paperwork have already proven they will continue to use forged documents to try and foreclose on homes, and for the typical 30 year mortgage spawned by WaMu, Countrywide, IndyMac, etc., that’s a lot of forgery for a very long time to come (Hint: If the FBI ever got motivated and wanted to test this theory, all it would require is chemical/laser testing of either the paper, or of the ink from the endorsements on mortgage loan documents, most of which would be 10-12 years old at this point if they were indeed the “originals” as held out to be in court by banks. If they bothered to do so, they would get a surprise- and more than a few convictions as well.) Lastly, we have recent court decisions Like Yvanova vs New Century and Jesonoski v Countrywide bolstering the legitimacy of aggrieved homeowners who are simply saying to the courts, “This is fraud, this is illegal, and you can’t sit idly by and let this happen.”
Those in the trenches have learned not to expect ABC, NBC, or CBS to come running to cover this story. For that matter don’t expect MSNBC, FOX, Frontline, 60 Minutes, PBS, The BBC, Bill Maher, or even Jon Oliver to come running to cover the story either. Why? Well for one thing, Wall Street pays for a big chunk of ad revenue. For another, we have an $8 TRILLION MBS market chock full of forged, fraudulent, or missing documents, and everyone charged with trying to resolve the problem is too corrupt or scared to deal with the situation. If you want an investor report from Freddie Mac with easy to read graphs and charts showing you the size of the mess go here: http://www.freddiemac.com/investors/pdffiles/investor-presentation.pdf
Pay special attention to the sections discussing single family MBS, REMIC’s, RE-REMIC’s, GMC’s etc. Most of the political players, the regulators, the courts, the media, have all decided that this festering pile of injustice and fraud is just too big to tackle and too far gone. Banks will get bailed out, investors will get bailed out, and the economy will be given a quick spritz of Febreze, but the damaged homeowners must go to the back of the bus. Michael Shannon’s character in “99 Homes” said it best, “America doesn’t bail out the losers, America was built by bailing out the winners… by rigging a nation of the winners, by the winners, for the winners.”
This being noted, again, your voices can and should be used at this rare time to be heard, and I would urge you to utilize social media, mail, phone, voting, etc., to make it is heard. While it pains me to say this, as much as I admire the work of Elizabeth Warren, the CFPB, and California Attorney General Kamala Harris’s office for writing an amicus brief in support of Yvanova, they seem to have lost their voices when it comes to the issue of the ongoing forgery and fraud. They damn well know it exists and is being used in courts across this country in foreclosure actions, however you won’t see them eagerly attacking or speaking of it, or at least we have not seen it yet. Unfortunately, that is EXACTLY what we SHOULD expect of them. What we SHOULD expect them to say is, “WE are aware this fraud is STILL going on with EXISTING homeowners, WE are calling for immediate prosecutions where forgery is used to secure foreclosures , WE are calling for a TRANSPARENT and PUBLIC investigation into the REMIC’s who claim to hold these loans, and WE are asking the IRS to release all records of the REMIC’s for investigation as well”
Politically unpopular? Yes. Difficult issue to raise? Yes. But the problem is once again, if you are willing to sacrifice existing homeowners, to let their most basic civil and constitutional rights get stomped on without raising a fight, what kind of wonderful utopia do you propose you will build on the foundation of their bodies? Fighting a long drawn out court battle is a losing proposition for most, and a ridiculous burden no one person should have to bear when the government and media should be helping to solve the problem. So in any event if you agree, feel free to Tweet this story, or directly send messages to: Elizabeth Warren, the CFPB, Bernie Sanders, Hillary Clinton, Kamala Harris, Donald Trump, and anyone left in major media who isn’t an unapologetic gimp for Wall Street and its ad revenue, and send them a simple message:
Take action now, no more words. You can’t build our future by sacrificing us in the present, and if you intend to sit idly by while this happens, then to Hell with you. Existing homeowners are not your compost to be used to seed the future and your politics, and the people and history will judge very harshly your inaction as you let those you were charged to help be ground up and spit out by Wall Street…..and Oh Yes, think of us come March 25th.
Filed under: foreclosure |
@william Bennett. Well written as usual. I am going thru the latest. So what am I going to do now? After the VA Supreme Court simply refused to hear my fraud case. I can appeal to us Supreme Court again but numerically chances are slim to none that it will get heard. I can cite split among courts since I did send Yvanova to them.
OR and this is how disgusted I am with the court system not believing me. I am ready to sue the commonwealth In federal court. Under 43 Sec1983. And I found some writings that state there is one exception to absolute judicial immunity. And that is if the court had NO jurisdiction And since I was evicted by Bank of America and have a letter from them saying they are not the investor. The 1st part of fraud case said the court only had jurisdiction to determine if it had jurisdiction. And court ignored that and dismissed case.
Do you know of any cases that have tried this?
Yes, it appears that our government legal system is dead and buried.
BUT, we will see it rise again which is taking too long to get to these crooked bankers and Wall Street greedy hoods.
Apparently our citizen home owners are beginning to see the light.
The courts and the lower court judges I believe are in for a true slap in the face. If they are taking it under the table or favoring the banks and loan servicing agents, because they own shares in these banks, and if the politicians are being supported by the same greedy bunch of thieves then we must let them all know that their game is over.
There must be heads that will roll for the criminal, activities by the bankers, loan servicing agencies, wall street brokers and the lawyers who set-up the criminal enterprises and engineered the mechanics
of the securitization BS and the fake pools, trusts and fictitious,
forged and robo signed documents, including assignments, notes, trust deeds, financials etc. By now, after years of the courts seeing fictitious
documents popping up in court cases, and judges who through the book at home owners, most times not even allowing them to present their cases, and a defense that could save them from losing their homes, BUT, now that the U.S. Supreme Court has started to change the game. along with the California Supreme Court in the Yvanova
case, which is greatly favorable TO HOME OWNERS, we may see
lower court judges eating with the homeless folks, as their meal
tickets will be all punched out and these judges may very well be punished for their unfair, illegal and even criminal rulings that have allowed the banking criminals to line their pockets. The bankers may also be facing the SEC and the IRS as the instigators of this Ponzi scheme along with their lawyers that has allowed the bankers and loan servicing agencies to falsify their own financial statements to shareholders, to grow their organizations, through false financials
with the help of their own accountants and auditors.
They have had everything go their way thus far, as they have executives, employees, lawyers and judges as co-conspirators,
most certainly lining their pockets at the expense of our citizens who once believed in the AMERICAN DREAM of HOME OWNERSHIP.
As I have said before, at one time we could trust and believe in our
Doctor, Lawyer, Church Priest or Pastor and Banker, but greed
has set-in. The pace is faster and the honest lawyers don’t seem to be too interested in taking on a case when clients have already spent all their funds with brokers, evil lawyers and trial modification payments to banks, leaving no cash available to defend themselves against foreclosure sales. If more of the honest lawyers would take on cases with their fee coming at the end, either on an agreed upon amount or on a percentage basis, with the U.S. Supreme Court “TILA” Truth
In Lending Act, the home owner has a chance of having their cases either over-turned and ruled on in their favor.
The lawyers can take a case, file a motion for a TRO and force the banks to provide the original documents, such as the NOTE and all Assignments starting with the originator and bring about the honest paper trail that the banks have so cleverly hidden or destroyed.
Not being a lawyer and never giving advice, only a lowly, old
investigator, I can say there are many lawyers and/or law firms who
know how and what to do, but they need the home owners or former home owners to provide the paper work and details honestly so that they can build a case that can be won in the courts.
It is also very possible that when the demands for documents and the true names of investors and actual, true books and records, that many home owners will have bankers and loan servicing agencies on their knees begging to have home owners make confidential settlements.
I see numerous RESCISSIONS being presented to banks and without
any banks or “pretender lenders” (table funders), answering within
the 20 days allowed by the Federal Statute, thus making the mortgages
null and void.
Since the so-called trusts and mortgage pools are no where to be found, and if they were found, they would have no assets, no cash and none of the mortgages in them that were represented by the Wall Street hoods to be security for money invested for shares of stock.
The SEC should love this as well as the IRS, as there has been
Billions, not Millions, but BILLIONS in illegal profits going through the hands of these criminals at the expense of those who spent years
working hard to eventually have a property to call home.
I again suggest that anyone reading this article or receiving and reading any of the Neil Garfield’s LIVINGLIES Blog, please write
to your Congressman, Senator, the US Dept of Justice, the
SEC, the IRS, the U.S. Consumer Financial Protective Bureau,
to your state Attorney General, and to the U.S. Senate Sub-Committee
on Bank Fraud, Attention Senator Elizebeth Warren, Chair Person,
and it may even help to write to all of those who are running for office,
such as Mr. Trump, Hillary Clinton, Bernie Sanders, Cruz, and the State and Federal Congressmen and Senators and Assembly persons.
Let them know that this foreclosure epidemic, the largest criminal enterprise and Ponzi scheme in the history of our country, MUST BE STOPPED.
Thank you and God Bless.
William Bennett
So sad that our own government that is supposed to be “of the people, by the people, and for the people” is so obviously corrupt, inept, and downright dishonest when they make any kind of claims that they are “here to serve”- more like to take advantage of anything that comes their way, and duck any issues that are riddled with corruption and fraud that involves all the bid lenders and powers that be, as they say!
Unfortunately Colorado is one of the worst states when it comes to protecting and serving its residents. It starts all the way at the top and filters down with totally heartless, inept, and uncaring bureaucrats. It is refreshing to see states like Montana who have rising above all this BS in honest and heartfelt attempts to protect and serve the residents of Montana. Just read all about the milestone “Morrow Case” that involved the Supreme Court of Montana and the Montana Attorney General. Too bad other states don’t follow and take a stand.
I have been trying for help now for nearly 53 months and nearly 4 feet of very incriminating correspondence and copies sent all along to all the very agencies who are supposed to be helping and defending us here in Colorado and the US. They all got BILLIONS of dollars in settlement fees to supposedly help property owners across the US?? Where has all this money gone? I highly suspect to causes other than property owners- just as old Gov. Jerry Brown tried to pull off in California with the supposed $300 MILLION CA got in the National Mortgage Settlement Act. At least they caught that SOB!!
I hate to rip on Colorado since I was born here and love the state, but it has literally gone to pot and ever the one last hope I had in Senator Cory Gardner (new to the system), was quick to bail once he realized what he was getting involved with. He supposed did something I could not do in getting FNMA to allow a TRUE MODIFICATION of 2% with the trial period that nasty old Bank of America had to quickly follow up with after the phone modification they offered me back in late 2014 which was merely extending out the loans to 40 to 50 years at the same high interest rates and were never properly executed, notarized, or recorded. I am nearly 98% sure that FNMA and Mellon Bank of New York never obtained legal and proper ownership of the notes and trust deeds on the five loans I initially had with Countrywide.
Has anyone heard anymore about the Texas Case (s) and how the judicial system is challenging the validity of MERS- as many have pointed out they should never be considered the Nominee or Beneficiary of any notes and trust deeds they did not fund, much less do business with the initial borrower (s). Most of us did not even read the fine print on all the paperwork when getting the loan so all was a shame in my humble opiine.
The Janeway lawfirm in Colorado was fined and penalized nearly $1 MILLION DOLLARS in late 2014 by then AG John Suthers for overcharging and other practices incidental of foreclosures ($650,000 actual fine and $350,00 set aside for compliance). These turkeys are filing a major number of foreclosure using false and fraudulent documents and still doing the same ole stuff- probably being bankrolled by lenders like Bank of America to continue this practice in attempts to bury and get rid of loans that are no longer existent due to all the executions in blank on copies of notes by known “robo signers” like Michele Sjolander, false or phony notary work, and of course many never being recorded.
Too bad there are not more hones lawyers and high level people who should and could get behind all this. People like Donald Trump and Ted Cruz cold care less and of course B of A is a major tenant of Trump. Neither would touch all this with a proverbial 10 Foot pole. Sorry about the length of this, but I am sure there are hundreds of borrowers out there that are well aware of all this. We need to all take a stance with the right people willing to defend and work with us. LIke they say in the Marines- “Semper Fi”.
i think the biggest problem is not the homeowners. our corrupt politicians who sponsored these terrorist judges, lender lawyers who got paid for doing nothing in the court and filing those fraudulent and forged documentation to the court. until now it exist and the court don’t care if you brought this to their attention.
Outstanding… So true!
Excellent
Fred
There’s a ” meeting of minds” …cough cough
Between these big hitter law firms and certain judges the firm against me also represent the bankers association in my state
I was right on law application of law and correct on the application of the rules of procedure they were time bared and so much more I was never heard
I was not allowed to be heard to have a voice and thAts not the worst of it. Give me one good judge that is willing to take the blinkers off and see behind their frauds upon the courts, just one, because at this point the burden of proof is on them in the remainder of my case.
I am happy to know there are so many people who are aware of the giant scam that we Americans have been subjected to by all the nasty lenders who, in my humble opinion, caused the financial meltdown in the first place.
I to have been through all this for over 48 months now with nasty old B of A and trying to get help from the totally dysfunctional CFPB which is a complete joke, The USDOJ, the Office of the Comptroller of Currency, and numerous faxes to the supposed fax number of the White house- no one but no one responds but I did finally get a letter from the USDOJ advising me to contact these people stated above so it is obvious no one reads or truly responds to requests for help. I know, what should I have expected as it is the government dummy:(!!!
I am just a simple country boy who has helped many property owners over the years when lenders were responsive and willing to work with property owners and we were successful in selling many properties on a true “win-win” basis. This is no longer the case as you are dealing with corrupt lenders now who got caught with their hand in the cookie jar but even worse than that, as they have shafted so many innocent and helpless property owners.
The only possible solutions I see in my humble opinion are:
1) Find good, honest attorneys who are willing to band together to stand up to these turkeys on the national and state level, which is a very big and tall order when you are up against big firms like Blank and Rome LLC who went along with this huge scam and even sent copies of flawed documents that contain blank endorsements of known “robo signers” and documents that were never properly notarized and subsequently recorded way after the fact and signatures that don’t match!
2) Finding any good and honest politicians to do the same- I say this is impossible given all the corruption that exists in the Cess Pool in Washington DC- I don’t think there are any unfortunately.
3) Getting other states to ban together based upon the example set by the state of Montana. As I have stated before in the “Morrow V. Bank of America”- Using this as a model I don’t see why state AGs couldn’t band together to protect all their residents and get the Feds to agree to a nationwide moratorium as I have suggested before.
I am probably much too naive and simple to offer any advice on this matter, but I know for sure that it totally sucks just like the the two parties establishments that try to control and perpetuate all this insanity on behalf of all the fat cats:(
Remember who got paid first at the fed window
Yes they do ” the banks own the place” in fact they have forever
However, its out of control when they leverage every Household to short it, its time they were brought diwn to size, like i said earlier their greed and insatiable appetite will continue because there is never enough.
It was found after the fact that the attacks and spying on the Occupy movement was directed by the feds in D.C., and coordinated through the various state entities i.e. local governors and law enforcement etc. This is a violation of law. But they simply don’t care about playing by the rules as long as their goals are achieved. Think NSA.
That’s the exact same scenario in foreclosure. Most of the billions in fines goes to the feds, with little to no state gain. The individual state consent orders and the 49 state ag sellout was, as someone noted previously, spent down on state budgetary issues, NOT for any borrower assistance.
But where the fog is heaviest is with perks unseen….contributions to campaign funding that will most definitely make a difference in slaying the competition in any number of races, from dog-catcher to ag and on. The entire incumbency at the state and federal level is supported from the fat drippings from various cartels of the FIRE sector. So the criminals in government stay in power, and the criminals in FIRE keep lubing them. And we get screwed in the process.
And as we speak, the fbi has put bloggers on notice to report any conversations, comments, or diatribes that could appear to be anti-government, in the name of national security. Anyone old enough to remember the Soviet Union or tales of the Gestapo shudders in fear and disbelief when they hear that this is happening in the good old USA.
We won’t receive any help from anyone in government, from local to congress (not caps to show disrespect….eat me fbi) due to this campaign cash and also the revolving door. We are completely on our own.
Ian, I had the documentation in 2009 when I approached TPTB. And it’s worth noting….I wasn’t simply a single borrower crying the blues over having been done wrong by a lender, I was attempting to save tens of thousands of similarly situated borrowers who are/were affected by the same circumstance set. It didn’t matter then, and it won’t matter now. The mindset is that 1) nothing criminal took place, thanks commander-in-chief, and 2) they need to foam the runways for their brethren.
How else will they get to the top, save for climbing over the bodies of borrowers?
Ian,
I tried to show all the money the states are losing, bottom line the states don’t want to see it! When I was dealing with The Wisconsin AG’s office, Ocwen was my servicer at the time, I called and complained about Ocwen and dual tracking. The Ag’s office was meeting and having lunch with Ocwen that day and would bring it to Ocwen’s attention. Hence having lunch, personally I don’t have lunch with someone that I am suppose to be regulating, The AG’s office job is to protect the people not themselves. But they believe the servicer, not the homeowners. If all government agency believed the people and looked at the fraud this would be over along time ago. But the banks are in control of our government, they run the show.
E.Tolle/Melissa- my angle on regulators, “law enforcement” (joke), and authorities ( given authority by whom, to do what?) is to convince local politicians that the “creditors” making “credit bids” at auction are not creditors . E.tolle you have enough documentation to prove this. And tell the politicians that the pretend le ders are cheating the various govt entities out of hundreds of millions of dollars in your state alone. Tell the politicians that this is potential tax and fee revenue that they could use for any number of poorly planned, cost ineffective government giveaway programs. They will be all too happy to jump on your bandwagon and fight for their share of unpaid fees, transfer taxes, state income taxes on illegally deferred gains etc.
E. Tolle,
I understand everything you state. I am in Wisconsin and went down the same path with regulators, Local Authority, County, AG’s, all of them and nothing. The servicers are padding the pockets very well, but in my opinion, when the states took the money from the settlement they,( the state) used the money to balance budgets, etc. and threw the homeowner under the bus for what they thought was enough money. Now the same behavior is still going on and the only one with money is the banks and servicers.Keep up with your comments, I enjoy reading because I know what you are talking about.
The tide is turning I believe in time some heads will roll (figure of speech) and they will eat their pie at the Karma cafe. ( no menu you get served what you deserve) I made reservations for those who harmed me, it’s in writing.
Al kieran
I’m almost 7 years too
And the fat lady has not sung the song yet, well not all the way through,
My rescission is as good as jesinoski
I’m sure we all did it correctly back 7 years ago
Thing is what’s good for Jesinoski is not necessarily good for pro se,
Unfortunately I am way past the point of retaining council and I tried that twice already, so pro se – R,s understand it’s like fighting with your arms tied behind your back want you to know that.
I don’t expect to change the persons responsible for this…but to move forward we need to get restitution for those harmed in the past, and we need to stop the practices going forward so it doesn’t continue. I am a real estate agent…and I have had a hard time helping people get financing knowing what I know….I feel like I’m leading lambs to slaughter. But people want to buy houses….where to we go to get clean financing? How do we move forward.?
There’s a fundamental that we can’t change, the greed for money and power is never enough they never have enough
Like a heroine addict – they can’t stop, it’s a sickness deep in the core of their being, they can’t be healed, their minds do not work that way and they are lost. I for one accept this not that I like it but I accept it. I move forward regardless.
I’ve said this before the greed for money and power is never enough they never have enough
Like a heroine addict – they can’t stop, it’s a sickness deep in the core of their being, they can’t be healed, their minds do not work that way and they are lost. I for one accept this not that I like it but I accept it. I move forward regardless.
Take a look at Keiran vs Homecapital. Slated for oral argument again in the eighth circuit. This was the case that spring boarded jesinoski on statute of repose. Now Keirans have the bank cornered on the rebuttable presumption ,the numerical discrepancies, and a national precedential stand on the 20 days to respond to a rescission letter. Potentially the next case going to scotus for a final ruling on The tila rescission statutes that the banks have been dodging with with their bogus views on Tila rescission. 7 years now for Keiran.
I have been listening to Ken Dost for the last hour….how can I reach him?
@shelleytotalbodyworks ditto in Virginia…..only the county financial crimes division of the police sent me back to the FBI….and then made a big deal in the news about catching someone fraudulently selling magazine subscriptions……really! I have a petition for rehearing pending in the Supreme Court of Virginia …..if they refuse again to hear the case….it’s off to the US Supreme Court, where chance of getting heard is zero or off to Federal court to sue the Commonwealth….in most recent filing I finally said what is becoming so evident…..the fraud by the banks is intentionally and with gross negligence being swept under the rug by those authorities in a position to do something about it.
I will give this article ten stars!
It’s nice to hear fresh perspectives on the crime wave dragging people under from coast to coast like a tsunami. I don’t, however, see anything that would convince me that anything is likely to change. Yes, I was born cynical, I’ll admit, I remember looking at the doctor that delivered me like, “WTF are you looking at!”
I tried really, really hard to get the FBI excited about the criminality with glaring examples with big red arrows pointing to various crime scenes on paper….they stared back at me no doubt wondering how long it would be before I would leave their office so that they could get back to doing whatever it is they do….vacuum the office, bug mosques, draw moustaches on wanted posters….whatever. I doubt that it was rigorous detective work as it was the very same office which let the lone 9/11 hijacker get flight training in MN, all the while openly declaring that he didn’t care about the taking off and landing part.
When I initially called the FBI to see what excitement level they’d show, you could say I was a little let down when they told me to call the local police department. I don’t have to tell you what a dead-end street that would be, talking to Officer O’Malley between domestic disputes and speeding tickets….. kinda’ like trying to explain particle physics to a 4 year old holding an ice cream cone in one hand and cotton candy in the other. Good luck with that.
I went to my county attorney and met with the head of their mortgage fraud division. I presented him with multiple examples of irrefutable criminal fraud. He said, and I kid you not, “We examine cases that show fraud committed against the banks, NOT the other way around!” He then abruptly showed me the door. His bread was heavily buttered, and it was painfully obvious that I wasn’t the one holding the butter knife. I was a crumb.
I met four times with my state AG. The staff mortgage expert they paired me with….I was assured that he was knowledgeable on mortgage crimes….the first thing he did was interrupt me during my monologue and say, I swear on my Mother’s grave, “I forget, which one is the mortgagor, and which one is the mortgagee?” I felt like hitting him with an ice cream cone and a wad of cotton candy.
The AG offices across the country have a very unique set of circumstances they operate under, that of extreme secrecy. After you point the finger all Perry Mason like to the guilty party, and await their reply about how many paddy wagons to send over to Bank of America’s headquarters, you’re met with the stark truth when they say, “Thanks for coming in. We can’t discuss anything about anything, so we’ll contact you if we need anything.” End of story. As Neil has said before, inside each and every AG is a governor-want-to-be, and they desperately need the financial firms and their lard drippings to help them achieve stardom.
I had a long and in-depth conversation with my commerce department. Now remember, they’re the top regulator of the finance industry in each state. Their senior analyst agreed with me that my loan was not only fraudulent, but that the many thousands of other mortgages written within the state under the same legal fiction were equally fraudulent, and void ab initio. Bingo! I had them. But I couldn’t get their senior legal official to meet with me, once he knew what I was on to. He ducked my calls over and over. I finally trapped him in the halls of their building and forced him, as politely as a citizen can force a regulator, into an unused office while I explained that tens of thousands of Minnesotans were losing their homes to a criminal element that couldn’t possibly get away with what they’re doing and that they need to be brought to heel. He shook my hand and fled as if the building was on fire….and that was the end of that. I later read where he was hosting a three day securitization conference in Minneapolis with all of the big players, yes, the same ones paying out the billions in fines each week….and he was the chief architect of the get-together. Foiled again.
At this point, I feel that all that’s left is to hope that the law will come around enough to represent the borrower’s interests at some point, leveling the long tilted table draining the wealth of the people of the world. One can only hope.
https://www.bamsec.com/
Great article by the FDIC former auditor. As a former agent for the USA Criminal Investigation Division and having written articles prior to this date that Neil Garfield has published in his Livinglise’s Blog, I
certainly commend him for publishing this past article by Eric Mains
and for the job well done by Neil in his efforts to educate and assist home owners across our country through his Livinglise’s Blog.
The fraud that he refers to by the greedy, criminal bankers and the Wall Street Hoods and their co-conspirator employees must stop, as
I have said before, we have more home owner citizens, in fact millions more than there are Wall Street Hoods and criminal bankers and we will eventually bury these greedy, unethical, criminals along with the lawyers involved in the fraud, fictitious production of forged, fabricated
documents and misrepresentations to the courts to further their theft
through the on-going Criminal Enterprise (RICO) methods to separate
home owners from their properties.
Yes, it may take a new face in the oval office, the senate and congress
and Bernie, Trump or someone who is not afraid of the BIG BAD WOLF to get it done.
After Elizabeth Warren, God Bless her, attacked Jamie Dimon of
Chase Bank and his organization of TRILLIONS in fraud, during the Senate Sub-Committee on BANK FRAUD, as well as others of the BIG FOUR major banks, and exposed the fraud and criminal conspiracies
being committed against our citizens, what is now happening? Where are the Senators and Congressmen who we elected, following through
to protect our citizens?
I understand how the FBI and Homeland Security are over-burdened
and risking their own lives chasing down the terrorists and gun wielding idiots who are shooting up our schools, theaters and industrial plants,
that are certainly the number one target and problem in the world, but
if necessary, our law enforcement agencies must be provided with
more funds and personnel, including investigators, auditors, and
honest lawyers to bring these thieves, (Bankers, Wall Street Hoods,
and the lawyers and employees of these organizations), to justice and see that criminal prosecutions with prison time are awarded.
The suffering that has been caused to millions, placing families in the streets, must be stopped. This is an epidemic of giant proportions that
if it continues, our financial system and court and legal system will
be unable to survive.
Yes, I understand that many home owners obtained bigger mortgages
and equity loans than they could ever possibly repay if or when hard times hit, but the bankers and their mortgage loan departments were responsible by law, to evaluate and determine the legal limit a borrower
was allowed to borrow and according to appraisals, the bank, by law,
had the responsibility to determine said amount and not place a borrower at risk of not being able to cover payments as well as to preserve the integrity and proposed safety for the banks financial risk.
Because of the enormity of this bank foreclosure fraud epidemic,
it appears to law enforcement, courts and to political factors who have been presented with complaints as to the criminal, illegal methods
being used against home and other property owners, many have
taken the wrong path in the protection of our citizens and have neglected to adhere to the Constitution of the United States. This is evidenced by the United States Supreme Court decision governing
rescission under the Truth in Lending Act, (TILA), Jesinoski v. Countrywide, and further, just as per the
Minnesota Supreme Court where they recently ruled regarding the
way the banks have convinced the courts that piling up paperwork essentially creates rights even if none existed before, simply stated
that NOTHING PLUS NOTHING equals NOTHING. If you start with
nothing then any successor to any paperwork that was executed also gets NOTHING.
The answer is: Congress, the Senate or whomever is authorizing
spending and budget controls, give some funds and power to law enforcement agencies, such as the Dept of Justice, the US
Consumer Financial Protective Bureau, the FBI, the CID or an
agency with the power to place agents, auditors and prosecutors
to work that will send bus loads of these criminals on FREE VACATIONS for twenty years or more. Open up some Grand Jury
investigations and let the jurors see how these thieves are the true
terrorists in our country.
We need to start NOW and clean-up this mess created by the thieves who have no conscience and are lining their own pockets at the cost
and the lives of our citizen home owners.
Yes, I, as a former government agent, who spent some years serving
in Korea to preserve freedom and now seeing our own freedom and rights in the Greatest Country in the world, being destroyed by evil, greedy, money hungry criminals, makes me somewhat ashamed.
ALL our citizens need to stand-up and even go to the streets and
protest the unethical, fraudulent, criminal actions the bankers, their loan servicing agencies, employees and the lawyers that represent them with illegal, fraudulent forged and fictitious presentations and documents to the courts.
GOD BLESS AMERICA and have sympathy and compassion for
those suffering due to this cruelty that exists.
Keep the faith and we shall win-out as honesty and our faith in God and the rights of the people will allow us to survive.
Wm Bennett
Because the members of the Bar are committing widespread Barratry with their Foreclosure Mill LLCs operated solely based on their acquisition of “electronic information”…which even states…” not reliable data” on their own websites as they “churn” the System with their stolen milk in holes they can reaell the tainted butter without anyine knowing the cow was poisoned to begin with.
BTW, i was given a total of 2 days for the trial . march 24, and 25 with 5 hours each day.
What a great article and right on point. Just too bad that you have states like Colorado who do NOTHING to help property owners. All the judges dodge the truth and the facts citing rule 120 and then one judge, in my case, mocked me for coming into his court room with a full arm load of actual proof that he would not eve consider. Was a big disappointment to this 71 year old Vietnam Veteran who does not have the financial means to fight nasty old Bank of America and the system.
Montana, on the other hand, has my full respect and admiration for standing up to B of A in the Morrow Case where the Montana Supreme Court and the Montana AG with its Amicus Brief put B of A in their place forcing B of A to settle out of court on a totally private and confidential bases once the case was kicked back down to the lower court for a jury trial.
Unfortunately all the members of Congress, the dysfunctional CFPB, the USDOJ, and all the current political candidates ALL turn a deaf ear on this as banks like B of A are supposedly too big to fail. In most cases you don’t even get the courtesy of any type of reply. In my experience Colorado is the worst state for any kind of help or consideration. It is very sad and another reason why I highli commend the State of Montana for doing the right thing.
In my humble opinion, which I have suggested over and over all the way up to the White House, which is another joke, there needs to be a national moratorium on ALL foreclosure action with the Federal Government taking the lead to protect ALL us American property owners.
I lost a home on Wednesday and B of A and all their attorneys had no proof whatsoever of the actual ownership of the note and trust deed. They even produced supposed executed documents “in blank” signed by the known “robo signer” Michele Sjolander, who’s deposition back in 2012 indicated she had nothing to do with these supposed big scam by many lenders and MERS.
It is surprising to me that any court in the nation would allow Bank of America and all its co-conspirators to enter any court with clean hands and foreclose on innocent and unsuspecting property owners with all the false and fraudulent documents. Over $100 BILLION DOLLARS in fine, penalties, and settlements in thousands of court cases against Bank of America speaks for itself. Also where has all the money gone, including the initial $45 Billion in bailout, $25 Billion in the National Mortgage Settlement, and the supposed epic settlement with the USDOJ in late 2014 for nearly $17 Billion- I don’t think anyone is following the money here. Good example was Gov. Jerry Brown in California supposedly taking CA’s share of $300 Million to apply toward his budget deficit!!! Little wonder people are so pissed off at out government that is supposed to be by the people and for the people.
Too bad some of the great and honest law firms don’t band together for the common good of America and take these turkeys on with a national class action suit. The bottom line is lenders like Bank of America continue to break the law and abuse the system, and all those who are supposed to be looking our for us look the other way. I have some great examples of the BS replies one gets from the USDOJ and then there is the countless examples of all these organization totally ignoring one all together like Colorado. Maybe they are all high on pot now that it is legal:(
the fabricated documents are real. the lawyers for the banksters are also involved in filing those fabricated documents. easy money for the Lawyers. the lawyers just filed those perjured documents without reading the contents of the documents. if the lawyers should have time to read those documents, i bet lawyers would never accept those foreclosure cases. those who are in prosecuting foreclosure as pro se, please have the time to read and understand the documents because it pointed to the culprit itself the loan servicer. read their loan history documents it tells everything how the loan servicer paid for those assignment of deed. it is a recipe on how to murder the homeowners. check the notary public licenses. i have upcoming trial in Bankruptcy court this march 24, 2016 against bankrupt recap. glad i was able to conduct a discovery before the trial and subpoena employees of hsbc to be a witnesses. 3 of those employees will testify as the judge granted my motion. these 3 employees are non- parties of the case. those who are in New york area please come and support me. i am a pro see on this case. thanks
There is another step in the process….once the bank illegally forecloses they need to fence the stolen (I don’t use the word lightly) property and they have used the real estate industry to complete their dirty work. I am a realtor and I cannot get any response from the local association to the fact that we should not be helping the banks fence stolen property. Of course, the real estate industry makes money on selling houses so they don’t want to reduce their profitablity…..but if most agent knew and understood they would likely not knowingly participate. If the courts won’t make the banks get honest, what if the other players started demanding proof that the bank owns the property legally before re-selling it.
I am appalled by the idea that I would be expected to help the banks complete their illegal acts. I didn’t get into real estate to sell stolen property.
Finally going after them
http://cloudedtitlesblog.com/2016/03/04/a-shaky-foundation-florida-judges-may-be-in-conflict-with-the-foreclosures-they-rule-on/
[…] Source: Fertilizer For The Garden Of a Proposed New Eden […]
According to a site “The Warning of Garabandal: March 25th, 2016”
by Ron Conte https://ronconte.wordpress.com/2015/03/25/the-warning-of-garabandal-march-25th-2016/
Explains the significance of March 25, 2016 Eric Mains refers to:
The supernatural event foretold by the Blessed Virgin Mary at Garabandal will occur one year from today, on 25 March 2016. That event is also the first secret of Medjugorje.
The 25th of March is the day we celebrate the Annunciation to Mary. The angel told Mary that she was chosen to be the mother of the Messiah. So the day of the Annunciation is also the day of the Incarnation and the virgin conception of Jesus, in the womb of Mary. On that day, we are really celebrating that God chose to become a man in Christ Jesus.
But next year — and this seldom happens in the Catholic liturgical calendar — the date for the celebration of the Incarnation coincides with the date for Good Friday: March 25th, 2016. So the same liturgical date sees both the start of the human life of Christ and His holy Death (followed by His Resurrection on Easter Sunday). John Donne wrote a poem about this coincidence of liturgical celebrations: Upon The Annunciation and Passion Falling Upon One Day
So the date of the Warning coincides with both the Incarnation and the Crucifixion. How fitting a day for this event, in which God touches every soul to call us away from sin toward repentance and conversion. Prepare your soul!
I am always impressed with Mr. Garfield’s articulate and eloquent way of explaining rather comprehensive legal concepts. He is one of a mere few legal minds that have made a discernible impact in a system infiltrated with corruption and graft it gives one hope for the rest of us. Thank you Mr. Garfield for what you do. May you continue to be blessed as you are a blessing…
Dr. James Chappell