Held Hostage by a Home: The Devastation of Foreclosure

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Held Hostage by a Home

Depending on reader response- this column may become an ongoing Sunday feature on LivingLies. Let us know what you think.
Although Neil Garfield eloquently describes the legal dynamics of foreclosure, there is also a human battle waged in millions of homes nationwide that remains hidden behind walls of shame, fear and anger. Families are torn apart by the stress and uncertainty that financial burdens bring. A home, no matter how modest or grand, is a foundation of family life- and when it is torn away by companies without legal standing to do so- the pain is compounded because of the injustice.
Most families who fall behind on their debts, do not do so deliberately. Usually financial debt is caused by job loss, illness, divorce, or simply being induced into obtaining more credit than the family can service-by companies who carry no risk (due to securitization). Most families would embrace the opportunity to have one second chance to pay back any outstanding balance on their home and make good on their debts-but loan servicers have no incentive to work with the homeowner.
Unfortunately, the way the mortgage industry works, it is no longer beneficial for the servicer to service your loan- when they can foreclose instead. A huge financial windfall awaits a servicer that can engineer a default. Instead of receiving approximately .125% of the monthly payment, the servicer is entitled to keep all fees, late interest, and other default charges (and the entire proceeds if they are collecting on behalf of a trust that does not exist). Until loan servicing issues are addressed, servicers will continue their predatory tactics to push homeowners into foreclosure. I should know because I am the victim of a predatory servicer. This is my story.
I am being held hostage by my home. The red brick and mortar of the quintessential American home has become my prison. For the past seven years I have had the rope of the commercial code truss my freedom, happiness, career and dreams. The blindfold has been removed but I still can’t trust what I see- banks that operate like organized crime syndicates supported by courts that refuse to acknowledge the fraud. I have been gagged and silenced by a bank, as my story, like millions of others goes unheard. Hopefully, the ability to warn others what a bank is capable of- will be cathartic.
What most people don’t understand before taking on foreclosure is that unless you have unlimited wealth, you will be taken hostage during litigation. The Notices of Default filed against you will keep you from repurchasing a different house, will destroy your credit, may prevent you from obtaining employment, may cause creditors to rescind credit extended, and may exhaust all of your savings and retirement. Your neighbors will likely shun you and your “friends” may distance themselves from you. Your opportunities to rebuild and recover from a financial setback will be compromised. I won’t even get into the emotional costs (divorce, volatile home environment, stressed parenting). Rarely is a case settled at the trial level. Most cases that should be settled with two or three years may go on for a decade or so if you continue to battle on.
Eight years ago, If I had been told what my future would hold if I dared to challenge my loan servicer- I would have held a block party for the bank and handed them the keys to the house. My greatest regret in life is that I decided to hold the bank accountable for reneging on my loan modification. It has cost me my life savings, my health, my marriage, and worst of all- instead of enjoying the childhoods of my children- I have spent every day depressed and anxious while battling a soul-less banking cartel with unlimited financial resources and power. My children have no idea who I am, or who I was before my life became a war game and I took up the position of General. In fact, I have no idea who I am outside of being held hostage by my home.
Why don’t I walk away? Surely losing 13 years of my life would be better than another decade? Because I am a fool. Because I have sacrificed and lost almost everything- to quit would be even worse than to go down defeated. There becomes a point in time- when you can’t turn back. For 13 years I have spent over 200k in order to receive an answer to one very simple question: WHO OWNS MY NOTE???? My servicer and the courts believe I have no right to an answer.
There are thousands of unconscionable foreclosure stories in America- that are unfathomably egregious and completely unnecessary- mine included. I had the ability and desire to pay the bank any amount they requested. I only wanted to sell my home and move on with my life. However, the bank did not want payment- they wanted the house. Neil Garfield has stated that the reason the banks want the foreclosure more than they want payment is because not only does the bank profit handsomely from a foreclosure, but it allows them to neatly tie up the fraud and seal the deal. Once a home is foreclosed upon- rarely does the homeowner sue for wrongful foreclosure.
The ordeal of foreclosure is by design, created by banks to cause the maximum amount of damage- both financially and emotionally. There is absolutely no good faith that arises when the bank can profit from a foreclosure. I have often wondered how people who work in the foreclosure industry sleep at night. Ayn Rand thought about these people also and wrote in Atlas Shrugs, “The man who lies to the world, is the world’s slave from then on…There are no white lies, there is only the blackest of destruction, and a white lie is the blackest of all.” To live knowing you have destroyed the lives of families and committed moral crimes in order to receive a paltry paycheck, would be a worse hell than even I have faced.
Last week the Center of Disease Control and Prevention (CDC) reported that the suicide rates for middle-age whites jumped an alarming 40 percent from 1999 to 2010. The suicide rate for both younger and older Americans remained virtually unchanged, however, the rate spiked for those in middle age (35 to 64 years old) with a 28 percent increase from 1999 to 2010. According to the CDC, there were more than 38,000 suicides in 2010 making it the tenth leading cause of death in America overall. Among African Americans, Hispanics and even the oldest white Americans, death rates have continued to fall. What could be responsible for this drastic change in suicide demographics?
The middle-class suicide spike began with the onset of the tech bubble implosion where middle-class families saw their retirement funds evaporate. Locked into company 401ks where the funds are illiquid, many 401ks don’t allow the ability to place stop-losses. A stop-loss is an order that is placed, usually on a stock, to sell when the price declines to a certain level. So while the wealthy and knowledgeable were able to stop some of the bleed, mid-level employees in company-sponsored retirement programs were disproportionately impacted.
By 2008 the middle class found themselves mired in home loans that were unaffordable, in houses where they owed more than the home was worth, and subjected to a volatile job market and economy. In effect, the middle class died in 2008 and has not rebounded.  Consider the way life has changed since 2001. We are under surveillance all day, we pay a disproportionate amount of our income to taxes that go to support wars and programs most of us do not want, the economy is rigged in favor of the wealthy, and the cost of living has skyrocketed while wages remain flat. Most people in this demographic went to college, both partners work full-time jobs, and are responsible for raising their own children while caring for aging parents on limited incomes.


When you face foreclosure or bankruptcy this often pushes people over the tipping point. This was not the life that most middle-class people contemplated and are ill equipped to deal with. The middle class bought into the premise if you go to college and work hard you will gain financial security- not knowing the system was rigged. These individuals were also typically raised in middle class homes and were unprepared for the financial struggles not typically equated with the middle class.
“It’s a loss of hope, a loss of expectations of progress from one generation to the next,” said Angus Deaton, a Nobel Prize–winning economist who had studied the data. The middle class is not only being financially impacted by the economy but the strain on the middle class is psychological. The study noted that white women between 25 and 55 have been dying at accelerating rates over the past decade, a spike in mortality not seen since the AIDS epidemic in the early 1980s. According to recent studies of death certificates, the trend is worse for women in the middle of the United States, even worse in rural areas, and worst of all for those in the lower middle class. Drug and alcohol overdose rates for working-age white women have quadrupled. Suicides are up by as much as 50 percent.
According to the Federal Reserve, 47 percent of those who responded to a recent survey said they are living so close to financial ruin that they couldn’t come up with $400 to meet an emergency, not without first borrowing the money or selling something. Almost half of all Americans are fighting a losing battle to keep their heads above water.
This situation was the subject of a paradigm shifting article in the May issue of Atlantic magazine, “The Secret Shame of the Middle Class,” that was written by Neal Gabler, a well-known book author and film critic. Gabler reveals that despite his successful career, impressive resume and outward appearance of prosperity, he is financially insolvent and must often “juggle creditors to make it through the week.”
The writer attempts to provide reasons for the crisis. He lists predatory credit card companies, the ever-rising cost of living, wage stagnation, poor decision-making, bad luck and a national plague of financial illiteracy. But one cash depleting issue Gabler overlooks is taxation — and the fact that the middle class that pays almost 50% of their income to some type of tax- while the wealthy are able to exploit the system and pay very little if any tax.
Rising health-care costs, job insecurity, climbing foreclosures, and rising energy costs are decimating the middle class. The middle class American now “leases” their lives and most will have no assets to show upon their deaths. They are tenants in their own homes (read your Mortgage- you are a tenant), lease their cars, and are dependent on their employer who is likely facing financial troubles of their own. The housing markets are starting to look a lot like they did in 2007 (except there are more renters now). It is easy to see why the middle class that provides the support for both upper and lower classes is at its breaking point.
Signs of Big Trouble
Families with no savings, piles of credit card debt, and mortgages on homes they should not have been qualified for coupled with flat-lining incomes, low-paying jobs, skyrocketing health-care costs and exorbitant college costs are in dire straits. Wall Street banks with complicit buy-ins from the courts and law enforcement have created an untenable situation where the middle class has nowhere to turn. The banks prey on the vulnerability of people who suffered a temporary setback but are doing everything in their power to correct the situation in good faith. Homeowners are a small obstacle to big banks with unlimited financial resources who retain the best attorneys in the country to defend their predatory and illegal schemes.

It is evident that the government and courts are either unable or unwilling to rein in the powerful banks. Home ownership has dropped to its lowest rate since 1967, and one in every three American families is dealing with a debt collector. One more major recession and the suicide rates will further skyrocket. Without the middle class who is going to take care of the lower classes? The middle class is fighting for its life- and when all else fails apparently they take their own lives.
People are angry, people are desperate and people want solutions. If the middle class really wants to do something to stop this downward trajectory- the first thing to do would be to close your accounts with the major banks that service loans (Wells Fargo, CitiMortgage, Bank of America). If able, refinance your home with a credit union who holds your mortgage in-house and does not securitize loans. The middle class could effectively starve the beast that oppresses them if they would unite.
There are economic indicators that the housing market is reverting back to the 2007 lending policies that were the norm prior to the bubble that popped in 2008. Many banks are offering zero-down loans while Fannie Mae and Freddie Mac have lowered their loan qualifications in an attempt to spur on the lower and middle class housing market. The banks are resorting to desperate tactics as homebuyers have stopped purchasing. There can be no doubt that those who have lived through a foreclosure or the foreclosure of a family member will ever trust a big bank again. I know that personally, I will NEVER borrow from a big bank again.
The suicide report showed a marked increase in mortality of middle-aged white non-Hispanic men and women in the United States between 1999 and 2013 was unique to the United States; no other rich country saw a similar event. Self-reported declines in health, mental health, and ability to conduct activities of daily living, and increases in chronic pain and inability to work, as well as clinically measured deteriorations in liver function, all point to growing distress in this population. Research confirms that this situation is due to economic causes and life quality deterioration. All indications show that economic conditions are even worsening for the middle class.
It is noteworthy that other countries have had similar financial problems that mirror the United States, however, the suicide rates and middle-class morbidity have not increased in any other developed country but the United States. The American capitalist machine is feeding off the hopes and dreams of the middle class and yet the middle class is unable to obtain any relief through government agencies or access due process within the courts. This reality is impacting the lives of millions of Americans who deserve much better.


The graph is shocking. And for obvious reasons I’m very interested in the mortality of white Americans in the 45-54 age range since I am in this class. If anyone knows about the costs of fighting an unlawful foreclosure it is me. I have filed three bankruptcies during 13 years of ongoing litigation to save my home (despite simply wanting to sell the home that I no longer resided in and cash out my equity). The bank has also filed at least 9 Notices of Default (destroying my ability to obtain credit for over a decade) and illegally foreclosed on me once (in violation of an automatic stay). I have spent every single discretionary dollar I have had believing that the courts would honor the rule of law. I was so confident when I set out to settle the illegal acts by my servicer that I naively believed the situation would be remedied within a year (when it could still take up to another decade to settle this issue).
I was raised in a white upper-middle class family. Your credit score was considered as important as your IQ and success was measured by your position and income. However, by 2001 I found out it doesn’t matter how successful you are- if you are dependent on an employer- it can all be snatched out of your hands (I was fired while on an approved medical leave from a large pharmaceutical company just to add irony). Unable to replace my high salary I fell into financial arrears. I lost my friends, my social standing, my ability to obtain credit, and my ability to rebuild. Even more tragically, the stress decimated my family and destroyed my marriage. I have never recovered. I hope that I don’t become one of these statistics but there are no guarantees I won’t.
Fighting a foreclosure is ugly, ugly business. Unfortunately, in our society, litigation is reserved for those well enough off to fight back. The majority of low-income households have literally no hope of fighting back without competent and aggressive legal counsel (and legal counsel is expensive). Both middle and lower classes are extremely vulnerable to any fluctuation of the economy. A job loss can result in losing everything and purchasing a house you can’t afford further exacerbates your financial stress.
It appears the banks deliberately started giving out loans like candy to anyone with a pulse, knowing they would securitize these debts, keep the investors’ money meant to fund the loan, collect the monthly payments and then foreclose- while knowing very few in the lower and middle classes would be able to fight back. The researchers state they can only hypothesize why records of white middle class Americans are committing suicide in increasing numbers? Although my statistical skills are sub-par I can tell you exactly what is behind the statistics- the illusion of the American dream has been exposed and not one elected official is willing to do what is necessary to correct the situation while the elite are still able to milk the market while it climbs and crashes. This is a tragedy not seen since people jumped off of skyscrapers with the stock market crash in 1929- it is just more subtle and stealth.
One theory about what is causing rising mortality among whites is the “dashed expectations” hypothesis. According to Johns Hopkins University sociologist Andrew Cherlin, whites today are more pessimistic than their forebears about their opportunities to advance in life. They are also more pessimistic than their black and Hispanic contemporaries.
“The idea that today’s generations will do better than their parents’ generation is part of the American Dream. It has always been true until now,” Cherlin said. “It may still be true for college-educated Americans, but not for the high-school-educated people we used to call the working class.”  The demise of the middle class is broad in its effects, but it appears to be culminating in places that are particularly vulnerable — such as cities where the drinking water is polluted with lead for years, or a small city that saw its biggest manufacturer move overseas, or in a household destroyed by job loss and foreclosure. It’s no big mystery why the wounded middle class is turning to Trump and his anti-establishment rhetoric and hitting a nerve.
Things aren’t going to get better for sometime due to the apathy and disconnect of Washington and your elected officials. Before you pursue litigation please consider if you possess the endurance needed to fight a bank with unlimited sources. In almost every successful case- an Appeal will be necessary. Consider the evidence you possess- is it enough to defeat the servicer’s claims? Do you have the financial means to finish the fight? Can you detach enough from the outcome that when your due process rights are trampled and the banks resort to forgery to defeat you- you won’t fall apart?
As much as I hate to say this- most people who have viable cases end up in some type of modification or agreement. The costs become too high for most homeowners to endure. Sadly the judges are now unfazed by forgeries, falsified documents, and fraud on the court- and there is nothing unusual about dummied up documents (although the banks are committing felonies with impunity). It is up to the people who have the means and temperament to fight foreclosure to do so on behalf of those whose voices have been silenced. Going the distance also requires that you don’t give in and sign a confidentiality agreement. Precedents in favor of the homeowner are desperately needed.
Every case you have read on Living Lies was because an attorney and the client refused to give in and both incurred serious losses in order to prevail. In cases like these, both attorney and client looked under every rock and crevice for evidence, they studied every law, act and statute. There are few attorneys who are willing to stand up for the homeowner and take the case all the way to trial. These world-class attorneys have sometimes faced ridicule by their peers but can’t be deterred. South Florida has some of the best foreclosure attorneys in the country including Neil Garfield, Tom Ice, Patrick Giunta, James “Randy” Ackley, Matthew Weidner, Mark Stopa, Bruce Jacobs and others (please read the blogs of these attorneys). Through the professionalism, proficiency and passion of these attorneys- the judges are now becoming wise to court manipulation and the fraudulent deeds of the banks.
With the knowledge Neil Garfield has shared with his readers on Living Lies- YOU have a better chance of prevailing than most Americans do who rely solely on their attorneys to take care of every aspect of their case (attorneys simply do not have the time). Eric Mains wrote a blog for Living Lies entitled “Why your Foreclosure Attorney Just became Your Business Partner”. The post provides excellent information for people who are willing and able to take on their loan servicers.
There is no doubt that the banks must receive much harsher monetary penalties to dissuade them from engaging in criminal conduct. It is also time that the representatives of the banks and foreclosure mills they employ be criminally prosecuted for the destruction they have caused to millions of families by fabricating documents, deliberately deceiving homeowners (through disinformation, false modifications, refusal to accept payments) and intentionally setting homeowners up to fail.
My advice to anyone contemplating foreclosure would be to NEVER allow a bank to steal your happiness or harm your family- walk away.  If you decide to pursue litigation your eyes will be opened that the attorneys for the banks are no different than college-educated thugs and that the courts are owned and paid for by the big banks. This lesson in itself will completely shake your belief system to the core. I would recommend in most cases that you save your family, your sanity and your money and go fight a war you can win.
Not to discourage you- but I have now been held hostage for 13 years. I have no home (except the house that has sat empty during 6 years of litigation now), no retirement, no marriage and my physical health is now starting to suffer (my mental suffering endures). I have wasted the best years of my life fighting a heartless bank with unlimited power and unlimited resources- because I actually believed our judicial system guaranteed my due process rights (wrong).  My ONLY hope is that the judge overhearing my case can put his own biases aside, apply the rule of law- and allow a jury of my peers to hear what a bank hell-bent on orchestrating the theft of my home is capable of.
They haven’t stolen my home-yet, but they may have stolen my life.

Update: March 25, 2018: If you have been victimized by a predatory foreclosure attorney- please write me at lendingliesconsulting@gmail.com.  I would like to hear your story.


48 Responses

  1. State of New York
    Supreme Court County of Erie
    HSBC BANK USA, Pretend Lender
    Plaintiff, Index No.808135/2015-HSBC

    Deborah Ann Buczek

    COMES NOW Deborah A. Buczek, the Defendant, appearing pro se in the above-named case and files the following RESPONSE and MOTION TO DISMISS:
    1. Jessica Bookstaver and Law Firm Rosicki, Rosicki and Associates, PC (hereafter “RR&A”), a mortgage foreclosure mill working in association as attorneys for HSBC BANK USA, NA (hereafter “HSBC”), a corporation operating in violation of the laws of State of New York and in violation of a court order to cease and desist illegal mortgage practices issued by the Attorney General of the State of New York as explained here: “HSBC needs to be held accountable for flouting a state law designed to help people keep their homes, and I would like to commend Attorney General Eric Schneiderman for standing up for New Yorkers against this banking giant,” said Buffalo Comptroller Mark J.F. Schroeder. “Foreclosures are a major problem in Buffalo, and banks should be trying to fix the situation, not make it worse.” Attorney General Schneiderman’s lawsuit against HSBC is part of his ongoing effort to bring much-needed protections to homeowners facing foreclosure. Attorney General Schneiderman’s lawsuit against HSBC is part of his ongoing effort to bring much-needed protections to homeowners facing foreclosure. He proposed a measure that will require plaintiff attorneys to file the proof of personal service, and proof that their client has the right to foreclose on the loan, earlier in the foreclosure process (A. 5582), and legislation that would impose criminal penalties on residential mortgage lenders, servicers and their agents who intentionally engage in fraudulent or deceptive conduct in the preparation, execution or filing of false foreclosure documents (A.7395). Both bills have passed in the Assembly and await Senate approval.
    See (https://ag.ny.gov/press-release/ag-schneiderman-sues-hsbc-holding-hundreds-struggling-homeowners-legal-limbo), have committed fraud as set forth in the following:
    2. For the reasons set forth below, Plaintiff’s case must be dismissed for criminal fraud and lack of standing, and Rosicki, Rosicki and Associates and specifically Jessica Bookstaver, an attorney duly licensed to practice law in the State of New York, must be sanctioned for her acts of perjury before this court.
    3. As evidenced by the record of this case, and proven by the Registry of Deeds, the Plaintiff sold “any and all” interests in the real property located at 7335 Derby Road, Derby, New York on June 27, 2017, and for these reasons, the Plaintiff’s Complaint must be dismissed. (SEE: EXHIBIT A Assignment to MTGLQ from HSBC). Based upon this fact, Attorney Jessica Bookstaver, acting with full knowledge of this fact, committed perjury by continuing in foreclosure proceedings under false pretenses before this court. See To commence a foreclosure action, the plaintiff must have a legal or equitable interest in the mortgage (see Wells Fargo Bank.NA. v Marchione,69 AD 3d. 204, 207 [2d Dept. 2009J). A plaintiff has standing where it is both (1) the holder or assignee of the subject mortgage and (2) the holder or assignee of the underlying note, either by physical delivery or execution of a written assignment prior to the commencement of the action with the filing of the complaint (see Wells Fargo Bank.NA. v Marchione.69 AD 3d at 207-209; U.S. Bank v Collymore.68 AD3d 752.754(2d Dept. 2009).)
    4. This court was provided a certified copy of the original Assignment from HSBC to MTGLQ, but has, yet, refused to address the document. This document constitutes prima facie proof that Bookstaver and her firm Rosicki, Rosicki and Associates do not have authority or standing to proceed in foreclosure because they have sold any alleged interests. This issue is a triable fact before this court. Defendant has demanded trial on this and other issues, and unless the Plaintiff’s Complaint is dismissed, then, the Complaint must proceed to trial.
    5. The Assignment to MTGLQ from HSBC proves lack of standing to proceed in foreclosure as a matter of law, and proves fraud on the part of HSBC and Rosicki, Rosicki and Associates.
    6. Bookstaver and her law firm do not represent MTGLQ Investors, and MTGLQ is NOT a Plaintiff in this case.
    7. MTGLQ INVESTORS, the newly alleged holder in due course of the alleged Note, has not initiated any foreclosure proceedings against this Defendant in this or any other court. Defendant is currently in negotiations with MTGLQ outside of this action filed by the current Plaintiff, and Plaintiff is not a party to any action or negotiations between the Defendant and MTGLQ. For these reasons, the Plaintiff’s Complaint must be dismissed or immediately moved to trial.
    8. Pursuant to Bookstaver’s OPPOSITION TO CROSS-MOTION, Bookstaver, under penalty of perjury affirmed stating that she was personally “fully familiar with the facts and circumstances of this case based upon a review of the file maintained by my office”. As such, Bookstaver is fully aware of the fact that her client, HSBC, sold all interests in the note alleged to exist between the Defendant and HSBC to MTGLQ Investors. Bookstaver, again under penalty of perjury, affirmed that her client has ” clearly established a meritorious cause of action for foreclosure”. As such, Bookstaver has knowingly and willfully committed perjury before this court by making these unbiased claims. For these reasons the Plaintiff’s Complaint must be dismissed, or continued immediately to trial.
    9.Bookstaver’s statement made under oath and affirming under penalty of perjury that “defendant’s affirmative defenses are meritless” is an issue for a jury to determine at trail. Bookstaver has no authority to make this claim. This Defendant’s affirmative defenses are triable facts.

  2. Wow! Very well written! It’s been 10 yrs for me and I’m happily packing up my family and getting out. Just waiting for the sheriff to deliver the eviction notice. So much money gone, so much time wasted but I’m ready to say goodbye to this life and start again. My children need me and my husband and I want to get on with our lives. Good luck to you all. I pray that one day this corruption and fraud ends but until then, I’m going to move out and get a life free of this nightmare. We will never borrow or give our business to big banks for the rest of our lives. And I will be sure to teach my children that there is no such thing as fair and just. It’s the way of the world now. Peace!

  3. Spitfire you captured the real struggle and victory that is ours.

  4. Foreclosure FRAUD PTSD:

    Endless sleepless nights, body so pumped full of cortisone and adrenaline that you exist in a constant “Fight or Flight” mode (mostly FIGHT for me) obsessive researching and analyzing at all hours of the day and night, inability to focus on other issues, inability to hold normal “business hours” due to the feelings of a need to “keep digging” sometimes for days at a time, extreme fatigue and severe exhaustion, feelings of overwhelm that cause you to withdraw from society, (because no one can relate) and therefore inadvertently isolate yourself, thereby cutting yourself off from the support systems that you so desperately are in need of, latter stages of this “disease” you cease being able to function. Like, at ALL.

    You are in a perpetual mind numbing state of information overload. Your thought patterns become increasingly foreign to you. You ask yourself several times a day “Whats wrong with me?” You isolate even more. The house becomes your ENTIRE focus. People drift away from you. You vacillate between extreme ANGER and extreme Depression. You seek alternative temporary solutions to the angst of it all, in sleeping medications, alcohol, etc… And that is just in the first few years. After awhile, it becomes your “New Norm”. But there is NOTHING NORMAL ABOUT THIS. And finally, you start acknowledging to yourself that you simply cannot continue anymore. You are not giving up, you are not giving in, you are simply calling on a Higher Power to intervene.

    You finally realize that this is NOT a Flesh & Blood battle, but a Spiritual Battle. And in realizing this, you also realize that it cannot be won in earthly courts with crooked judges and attorneys who work for the Queen and NOT YOU. It MUST be won in the Heavenly Realms FIRST. So for a moment, you forget all about all the strategizing and researching and document gathering and reading, my lord, the reading…. And you fall to your knees and gasp out a prayer, simultaneously filled with Rage and Despair and Hope. You pray until you are completely spent. Til your tear ducts dry up and and your heart appears to have purged itself of every emotion it was ever capable of feeling, and which now sits emptied and silent.

    And at some point, you realize, this Battle was NEVER about the house. It wasn’t even about injustice of it all, righting wrongs, or restoring the Letter of the Law. It wasn’t even about the kids or the family or the size of your investment and the possibility of losing everything. Even though we told ourselves that it was. Any or ALL of those things. In the end, this battle was about our Faith Walk. About how strong we can grow in our Faith in G-d and rely on His strength instead of our own. And for the first time in years, you feel a sense of calm come over you. You actually sleep. For like…days on end. You remember how to breathe again in full deep breaths and not the shallow gulps you had unconsciously habituated. You actually smile occasionally. You even look for opportunities to laugh again. And life starts to return to its vivid coloring instead of the muted gray world you’ve been forced to exist in. And you realize that you have now become a Spiritual Warrior. You no longer live in fear every day that you will “lose” your home or anything else for that matter. And you Praise Him. For the Blessin’s and mostly…. for the Lesson’s.

  5. I only need a lawyer that’s not scared to file two or three pieces of paper and claim the victory but apparently they’re nowhere around and they all won at least $5,000 just for the first month retainer even after realizing it’s a for sure victory

    have the exact same story except a commercial property and the bank decided to sue me a year after the first notice of default in 2010 Property Tax Bill still comes to me in my name except I’m not there and every homeless person in town has moved in main problem is if I go back to the store I’ll be the one to get arrested. the only other main difference was it was Wells Fargo not b of a.. I’ve been struggling to make some kind of income I had to move to a bigger town hopefully to hire attorney since none work pro bono Nan usually after tell them all the details they don’t we want to touch the case even though the court papers and loan documents clearly show the truth other intention to get rich quick and then settle with the insurance company when it’s all done but even though it’s all done they don’t let it in for me for some reason they keep that deed of trust alive not having to pay any bills or taxes on the property besides of some kind of environmental insurance or whatever the kind of insurance they got I was prepared for a sheriff to come take the property from me in 2010 just like they did my home did the oppression that followed was Walt so much I’m worse when all of the community stabbed me in the people still relied on me or should I say leeched off of me when to stop giving they stole from me when I stop paying taxes the cup started picking on me I got accused and falsely arrested and had all my inventory stolen while I was in jail along with Irreplaceable tools and heirlooms collected over a hundred years in a family business call gone and through all of us through all of what I’ve been through I know it’s can only get worse I won’t be able to run away from this the text it and the liability will the want me for my lifetime maybe my kids also

  6. I have the exact same story except a commercial property and the bank decided to sue me a year after the first notice of default in 2010 Property Tax Bill still comes to me in my name except I’m not there and every homeless person in town has moved in main problem is if I go back to the store I’ll be the one to get arrested. the only other main difference was it was Wells Fargo not b of a.. I’ve been struggling to make some kind of income I had to move to a bigger town hopefully to hire attorney since none work pro bono Nan usually after tell them all the details they don’t we want to touch the case even though the court papers and loan documents clearly show the truth other intention to get rich quick and then settle with the insurance company when it’s all done but even though it’s all done they don’t let it in for me for some reason they keep that deed of trust alive not having to pay any bills or taxes on the property besides of some kind of environmental insurance or whatever the kind of insurance they got I was prepared for a sheriff to come take the property from me in 2010 just like they did my home did the oppression that followed was Walt so much I’m worse when all of the community stabbed me in the people still relied on me or should I say leeched off of me when to stop giving they stole from me when I stop paying taxes the cup started picking on me I got accused and falsely arrested and had all my inventory stolen while I was in jail along with Irreplaceable tools and heirlooms collected over a hundred years in a family business call gone and through all of us through all of what I’ve been through I know it’s can only get worse I won’t be able to run away from this the text it and the liability will the want me for my lifetime maybe my kids also

  7. My nightmare began in Jan 2010, when i became ill and had to get rid of my business income of 60,000 and my career income of 58,000. I called BofA 5 months before I was going into default and they refused to help me through any kind of modification. So the property’s first default was July 2010. They filed foreclosure 11/2010. Nothing ever happened. They never foreclosed. They sold the 1st mortgage and kept the second lien. The 1st mortgage sold 8 times since 2010 however BofA stragetic maneuver to keep the 2nd lien is nothing more then that… a stagedic move to keep a person strapped to a house even after its discharged in a chapter 7. Nearly a decade of my life has gone by and they still refuse to help me. At first, I was begging them to help me stay and the last few years I am begging for them to release me from the lien so I can move foreword with my life.

  8. Seems the best I can contribute is to keep tweeting posts from this website….things happen once the word is out and public. But even then it is appalling that the gov walked away with $185 million over false Wells accts and the people harmed are still left to fight it out in court against Wells. This system is very broken….and we need to make it public what is happening……

    For me, Wells has filed Motion to Dismiss, threatening sanctions…too….

  9. Wow! Same scenario except its a commerial property. My 100 yr old family hardware store. Wells fargo could not forclose since the “rigjt to sale” clause was only written in the trust deed . 5 yrs after a withdrawal by the bank in the breech of contract case i stand to lose the property from unpaid property tax. This will be the least of what i have lost. My family and sanity have suffered irreperable harm.

    It is ironic that the bank employees that played a part are now claiming injury.

    Im off to the loony bin for now.

  10. D thanks for sharing I’ve been in similar struggle. Getting together cases where we’re being attacked from all sides. One thing to keep in mind is if bank owned can still dispute. BK seems to be the biggest trap where you give up ur rights though. But there can be other fronts to go after them as Means? FDIC guy who quit to make his case I believe said. If interested will leave email.

  11. Although I don’t agree w Neil all the time if it weren’t for lawyers like him and those of us who share our information and try to make an impact any way we can it would be alot worse. If anyone thinks this is all about winning in court they don’t have a clue how corrupt things really are.

  12. good question…i try again tomorrow….but without a lot of hope… this must stop and it won’t if people stop talking and trying….Realtors wonder why homeownership is down…this is why…nobody wants to be subjected to bank crimes. it destroys your life.

  13. I’m just curious. How many people who are always on this site have won their cases? Anyone?

  14. HORRIFIC. We need to EXPOSE these JUDGES for what they are, CRIMINALS.

  15. Thank-you for fighting against the evil facing several generations since 2006.
    I will never own a house in which I would have to deal with a bank. My parents and my brother were both illegally foreclosed on 9/2011 but by American Financial terrorists. Both have had to file bankruptcy and neither have owned anything which would require a bank since the terrorist event of their 911 that has completely restructured their lives and mine. I am look looking to buy land and put up a trailer then a freight container or tiny home but cannot find many owner finance except in far north but will probably just go to Canada. I did at least reverse repo as the HP officer called it~everything I purchased for my folks home even the Windows,siding,shed basically gutted the place as much as I could before the courts and fill of BS attorneys in Crook County started on my folks. Looks like they finally sold the home through a sheriffs auction on apr15, isn’t that tax day? Then when I’ve looked online it is listed as bank owned even after the auction. I did find you can donate a foreclosed home and did the docs with Kars4kids~not sure what happened beyond looks like they got some money and then dumped the house. Thankfully after the Midwest Disaster of 2008 (natural not financial)my parents finally got out due to structural damage and mold. The forced placed insurance through Countrywide never did pay and when I told them write it off as a casualty loss the IRS audited them for the year. I did have them list the IRS debt and the Foreclosure under the CH7 hopefully it goes smoothly but look like the BNY turds sent my folks a 1099… Was able to redeem a vehicle for fair market value for my Dad but tapped me out. I’ve had to help my brother and he’s stated he will never pay me back even to the first $6,000 I lent him that I received from work related injury. I’ve never had much but am blessed to have friends and some of family I do have around. I do wish I could’ve gotten more out of my folks home before everything happened with Crook County Crooks but I was able to get huge chraritable tax deduction that year and they’re safe and relatively happy in a rental.

  16. […] Source: Held Hostage by a Home: The Devastation of Foreclosure […]

  17. Bruce, our truth will expose the fraudulent scheme and as Matt Damon said if not this life, in the next they will pay for what they’ve done to ur son and the rest of us.

  18. The lead story to this days blog is incredibly well written. I used to follow and learn from “Living Lies” when I inhereted my sons Salem Oregon home in which he passed away I fully beieve his death was brought on by AHMSI, He fell askeeo the night of 2/15 and was deceased in his bed the wee hrsd of 2/16/2009. I left my senior citizen late lfe jon as an Historical Parks Interpreter at Cape Disappointment, WA to tend to my sons finalities which included a lovely hom above Salem. He had been calling me while I was living at the mouth of the Columbia, he had described he had been trying to overcome an approx 4 month payment deficiency on a home he paid $90k down thru Wells Fargo Bank of Cherry Hills Denver, CO. It was a “prime loan. I have described the torture I went thru in “Forclosure Fraud. I demanded proof of standing and if AHMSI could produce that legal stabding I planned to make up the 4 monthly loan payments. However, in early 2008 Michael told me “Dad, it looks like I have this fixed. AHMSI offered me a HAMP or something that would fix his loan and all he needed was to pay a $1300 “fee” and he would be even with the board (i sent him cash) for that. AHMDI also prmised a $350 cash card for responding, On 2/10 or so Michael sent $1400 to AHMSI but they never sent him his “bonus $250 card for prompt action. He sent a caskiers check from, ironically, a Wells Fargo sub office in Safewat, West Salem. After that call he made one other, “Dad they claim the did not received the GedEx and therefore no “bonus$$250. In Fact the records back then proved he performed on time.So enter a greiving father losing his 44 yr old som, and I went to Dalsem Slept in his death bed, dealt with creamation and with my older brothers coundel we figure we could pay the so called deliquent 4 moths but my brother insisted I get evidence as to how owned the loan. The drame, pain and suffering that was to befall me still ads nigth terrors to my already USAF ptsd. I hand no money for the $10k fees loal atttornies demanded so I opted PRO SE. I found a fool for a lawer!. I wenr direct ro AHMSI CEO Friedman who promised me that AGMSI would provice all documents under TILA to evidence legal proof of AHMSIs true ownership of the NOTE and the MORTGAGE. It would be sent within 2 weeks. It NEVER came, this commence a communication pissing match. I followed to the letter (return reciept proof of delivery to AHMSI in Texas. A smart ass naned Ms. Dtarlen found every wayy she could rig to NOT provide Proof of Standing including my own lack of authority to request anything re my sons loan She totally ignored the Polk Counyy appointing me as an “Officer of the Court fort probat and the Last Will my son wrote giving me his home in his demise. The this recordered I Polk County Oregon 12th Dist Circut Ct”

    At some point in oct/Nov 2016 I filed my pro se lawsuit. Nelson v AHMSI. The bever answered the complaint claiming they weren’ Summoned The bever answered the complaint and Judge Horner, Presiding Juage Polk County som 30 year found in favor of me in Dec2009. That lit a fire under AGMDI who retained a hot shot big city female Lawyer name of Teresa Shill ( thats rtight a lawyer named SHILL was no my adversary. Shill went in Camera to Judge Horner an demandd a hearing. The Judge so agreed and that resulted in my going to court, a room so empty you could hear a pin dwop. Shill barely made appearence at the set time. Judge Horner gave he some 2 minutes to argue that I was the bad guy and AHMCI was the innocent vicrim. She argued AHMSI denied ever receiving a summons but she agreed, assuming that was so, then this gearing she demanded served efsct as answert to summons she claimed AHNSI did not receice, therefore his judgemnt what ever it may be would be the courts finding under law. So on and on she ardue. Several times I wanted to object but Judge Horner politely said domething on the order of “mot now Mr Nelson” So I kept my mouth suut. After the Dhill had said her piece I wass allowed to comment a few wordsd, something about Proof of standinf or evidence thegeof. Then the Judge hushed me again. He then disrectly was SHILL, “do you have the (origival) NOTE. Shill went mute for a few moments and then said, No your honor, I don’t have it!”

    Now what? He ended the hearing and ordered me to his clerks desk for paperwork. I did just that and I was instructed to prepare the Judges order for his signature. I said “what order? and Rudge handed his findings to the clerck. Dhe said it was customary for the prevailed part to prepare the officiall court order, Judge signed the order the first week o 4010 Which clearly stated that due to AHMSI failure to prove standing the title is to be recorded 200% in name of Bruce R Nelson. This title passes qith no encumbrances.

    For the next year or so I lanhoured in the sweet oder of victory/ I mad some much need improvements (set $50k and finally had AAG appraise my home for $340,000. value and I agreed to accept $300k to be used as my retirement funds. That very week AAG gad approved the $300K reverse mortgage, at atomic bomb lanched bt compaies I know nothing about. AHMSI dumped its trash on a deal with Ocwen, who was now financial partners with HSBC, the same HCBC ou USA FBI had investigated HSBC fot laundering S American Drug Cartel illicit COCAINE profit nase by notorious cartes like “EL CHAPPOs Medelien Grug Cartels in Colombia, and or others.. Ocwen went under FRAUD investigation for defrauding millions of US Citizens out of their homes.. This expose to Ocwens crimes came thru the new Consumer Financial Protection Bureau, forcing Ocwen to set up a 2 Billion $ recovery fund. Richard Cordrey former Att General of Ohio.

    I was amoung the first in line to file my claim. Ocwem succeded in gettig Judge Anna Brown to ignore the fact that Ocwen, et al has NEVER had any standin. Judge Brown, dismiss me (ORO SE) with Prejudice and gave two alleged criminal banks this 77 yr old disabled vets retirement home ANG the $300 reverse mortgage money I had begotiated the reverse mortgage, and oh, yes the unjust enrichment of the improvements I made. This Judge had NO LAWFUL right to disposses me under the Federal Law (TILA) she swore an oath becoming a Federal Court Judge to PROTECT AND DEFEND the Federal Laws of the USA.

    I am well aware there are many, many other citizens that may have suffered worse unjust treatment than me. The lady whose stpry precedec this tale of woe would be an example. None of us have the loooy we would ned to correctthese gorrible unjust decisiond these ignorant and dtupid Federal Judges who fight for and defend criminals who have harmed us. In my opinion not only are the criminal outfits belong in lonf term federal prisins byt I allege Judges like Anna Brown shuld share their cell. Anyone wish to sue me for liberl, have at it but ya berst remmber theddefense in libel iss……the truth!

    Thank any or all of you who lsted onlt a part of my story. I seek no pity but a wee bit of empathy would co a long way to softeh my night terrors.

    Bruce R Nelson

    Banner Elk, NC 28604

  19. You can’t Stop a Foreclosure ……
    You can only Delay It!

    Do you Have the Rest of Your Life?

    Live, Loves, Laugh & Learn

  20. Must read article and to all bank workers who call with their threats and intimidation, who send those letters which bring fear and dread – It is not good enough to say you are only doing your job.
    “To live knowing you have destroyed the lives of families and committed moral crimes in order to receive a paltry paycheck, would be a worse hell than even I have faced.”

  21. It has to be clear that all communities were devastated and that Wall St is manipulating every form of fraud and predatory actions possible including putting us against each other.

  22. Thank you for sharing your experiences in fighting the servicers. I can relate to what you have experienced. A fight for justice such as yours is courageous and commendable.
    Although one fights the servicers and or banks, what I find particularly upsetting is when the courts do not defend the rights of the consumer.
    I think, from a moral standpoint, you are doing what is the ethical thing to do, which is to fight and not give up.
    Regarding my own battle, my faith in God keeps me strong and I always get miracles in this battle. I believe that if I keep fighting the good fight and have faith , then no weapon formed against me will prosper. There is no way in the natural that I could keep up the battle without divine intervention. My faith keeps me strong and my God will insure my victory. Banks cannot overcome divine power. Never ever. Do not give up. Thank you for sharing your remarkable story. You inspire me .

  23. Top notch writing here. Hats off to the author.
    This has obviously gotten the attention it deserves as illustrated by the thoughtful (mostly) comments and histories. Not many of us have endured 8 or 9 years of this, but those who have are winning. As long as you realize your battle is bigger than just “your battle”, you will find peace and solace in the end. If you’ve lost consortium with a family member or spouse, that is indeed too high a price to pay for being “right”. But the choice to fight on is understood and truly noble.
    The largest theft in American history. It’s our duty to try and stop this.

  24. Please moderate the one post that is inappropriate….trying to get this out to mainstream media and that will not be well received….so many people harmed are educated reasonable people and their voices need to be heard.

    Brenda, same story for so many of us…..the fraud will not stop until it becomes widely known…and that is why we need to break our private silence and speak out. My experience with the Supreme Court of VA is that the fraud was so clearly documented they simply refused to hear the case. Swept it under the rug. They are trying anyway.

    Figuring out what to do next. but I agree, at least we have a candidate for POTUS that offers some hope of real change….of restoring the rights that we all thought we had…..before we became victims of crime. I don’t make a good victim because I kick and scream too much…..and right now I am rebuilding the strength to carry on.


  25. Between the bank and then later on Freddie Mac we spent the better part of four years in litigation — of course the nightmare started before then and is the gift that keeps on giving since we have carried forward and paying on debt that we shouldn’t have because of this.

    When we had evidence of fraud and decided to fight we truly believed the judges and courts would care, but they don’t and we never got our proverbial ‘day in court’ — we are both college educated hard working professionals who work in the legal industry – always did everything ‘the right way’ and maintained a lifetime of flawless credit. How naive we were to think the system cares about justice.

    Can totally relate to losing years of your life when you take on this battle. My advice to anyone would be to cut your losses and move on because nothing is going to change until there is a COMPLETE overhaul of this corrupt fiat based fractal banking debt slavery system that we are all living under. Unless you are entirely off the grid, do not work, and grow all of your own food, there is no way to avoid it.

    If it was truly just a matter of lost income we would have done a short sale long before ever missing a payment and spared ourselves many years of grief.

    We fought because we believe the Truth matters and always has a way of becoming known and because we realized the illegal foreclosures are merely one symptom of the corrupt monetary system that was created with mal intent and design.

    This is why we are feeling the Bern – we believe he is one of the only people (along with Elizabeth Warren) in Washington who will be a true agent of change. The masses are fed up for good reason. Those who are angry, xenophobic and focused on blame seem to be supporting Trump. Those who are also frustrated but focused on solutions, transparency, helping humanity, the planet, and elevating all life on earth – are supporting Bernie.

    One final interesting note – several weeks after we vacated our home we got a call from our insurance company (we paid this out of pocket for years) saying they wanted to talk to us about our theft claim. We were perplexed because we had no such claim — we learned that the servicer, trustee and Freddie Mac’s realtor filed a claim against our homeowner’s insurance stating appliances, cabinets and other fixtures were stolen out of the home. We had bought our home as a fixer upper and had started many renovations but they were not completed by the time we left. Not only did a bank realtor visit our home (when we were trying to do a loan mod) and take pictures, but Freddie Mac’s attorney had exhaustive photo evidence of the condition of our home BEFORE we left. Yet, they still tried to commit insurance fraud. So, if we did that we’d be in prison, but the banks and trustees and Freddie Mac does it, and it’s just their normal business practice? Really?

    No one has been held responsible for their crimes and this is why the fraud continues. When are people going to wake up? What is it going to take? Where are the reparations for the millions of families that have had their homes stolen?

  26. Reblogged this on California Freelance Paralegal.

  27. My son refuses to see me or talk to me because he says, “…I’m sick of all your shit, Dad.” Meaning … [this crap] that has overtaken my life and what he believes will only end with my being shot in the head for all the fighting back I do for myself and for others, too.

    I haven’t been allowed to see my son or my only grandchild (Laci) for four years now, and they live three miles away from me.

    The world bankers have massacred the American family unit completely, but there is no surrender possible … whether my son understands that I’m doing this for him and my granddaughter, or not.

    God bless us all.

  28. The homeowner does not owe “them” anything. It was all paid off. I will litigate their asses until the cows come home. Signed: Pro Se From Hell.

  29. Very good report
    I also have been held hostage
    Taylor Bean & Whitaker bankruptcy
    they stole all the payments and escrow money. Tbw sold my mortgage multiple
    Times all at the same time
    Been fighting since 2008. Bank of America illegally moved me out if my house stole my things stole and destroyed my deceased moms things
    My grand children’s things
    I lost about 90% of everything
    I was still in the Tbw bankruptcy court
    When they did this to me
    I moved back in have fraud on my deed
    I am still in my house have been terrorized by people taking pictures to see if anyone still lives here
    Now fighting BOA and Carrington
    This has caused health problems and emotional problems in all my family members and my anminals
    Good news I have an attorney who understands this and is going to file a mass joinder lawsuite

  30. We need to get these stories out of this website and into the mainstream where they can be heard….they need to factor into the choice for our elected leaders…..they need to find justice in our court system…..and until they make the mainstream media news, the extent of the fraud, lies and deception by the banks will continue to go unnoticed and not believed. With media attention the courts will have a harder time continuing the fraud and fraud coverup.

    Please post on other social media….email to your elected officials…post on twitter etc……

    It’s an election year, and the people responsible need to hear of the silent suffering of so many. The article hit a nerve because it is the same story for so many who used to believe that justice will prevail…..and now have a shattered view of their “rights” in this country.


  31. Our story exactly – the American Nightmare! We are still fighting after all these years, but I’m almost ready to walk away. Back in 2009 we were making a foreclosure-crisis film called “COPS ‘n ROBBERS vs THE PEOPLE” fully expecting to find a happy ending. Ha ha! The film is on a back burner until Judge Schack reincarnates in a thousand courts nationwide.

  32. I too have had my life enjoyment harmed by Wells Fargo and Fannie Mae … It has taken a toll on my health, my marriage and my family.

    I can vaguely remember how life used to be back before foreclosure.

    We had big plans of having a big family …but the foreclosure changed everything ….my only child was 3 years old when this started, she is 11 years old now with no brothers or sisters. I remember her yelling down to me from upstairs at night as she and my wife were going to bed .. I would be downstairs on the computer researching foreclosure defense. ….”Daddy ?? Daddy …we’re going to bed Daddy” … Okay, I’m coming up, and when I got there 20 mins later she would already be asleep because I was so deeply consumed in trying to read and understand foreclosure.

    The guilt and shame and destruction this has caused in my life is beyond what words can describe. My heart has been torn to shreds because I chose to fight Wells Fargo.

  33. I fall into the Loan Modification-Suicide demographics. Heart attack rates must be specifically high for this demographic as well.

    House Hostage, keep writing “our stories”. This type of support group might actually help us cope a little.

    Thank you.

  34. Great writing and I will be using it and your other stories .. especially the ones that specify the criminal activities of the Judges, clerks, and attorneys (officers of the court, subject to and obligated to perform) in a 42 USC 1983 Depravation of rights suit. The state courts are so corrupt they break the laws continuously and wonder what is wrong with us when we 1. know the law, how dare the American people know the law we authorized to be made to protect us 2. Know procedures, how dare you make them perform in accordance with the proper procedures and continuously make record with written Objections and Judicial Notices 3. Know how and to actually use Discovery tools such as admissions statements, interrogatories, discovery, information requests, private letters of inquiry disguised as needed docs for ones accountant for filing with the IRS (yea they get real co-operative with it comes to the IRS.. never an educational letter or threatening only “I’m a dummy and know nothing but what my accountant sais she needs to file for the irs”.. stealthy stealthy stealthy, be smart like a fox.) 4. How dare you properly get certified and notarized copies of the court record and make judicial notice of them as prima facia evidence. 5. How dare you ask the judge on the record if they have actually read your motion, the Note the DOT and the provisions therein, to make record that they are enforcing contract that does not exist making record for a 42 USC 1983 which is to show a “policy” of the state to allow, create and promote such criminal activities which as a direct result has caused and continues to cause you injury and depravation of rights. 6. how dare you file proper affidavits which go unrebutted and have the line at the bottom “Failure to respond with substantial real evidence testified to, constitutes your admission that each is true and correct.” and “there being no evidence to the contrary, it is so.” 7. How dare you familiarize yourself with cases which you grasp the fine points of and apply them to your motions to “box the judge in to perform as required” 8. How dare you realize that your enemy is the judge, the clerk and the corporate courts themselves who are the paws of the criminal enterprise and doing their jobs or they might be loosing a family member or some other threat or perk (in their mind it is the same thing)
    8. How dare you study and learn how and what a Declaratory Judgment is and how to use it to force the lower courts to perform and how to force the upper courts to address one and only one issue so that the important issue is not sidetracked or simply ignored or assumed to be dismissed along with all the others. (one issue and one issue only so that you can stay on point and push it through. 9. how dare you use the “general denial of all claims/assertions, facts” which the other side makes thereby preserving your right to specifically challenge it later. 9. How dare you “…. as one of the people, claiming all rights, waving none, requiring this court to provide the protections of my life, rights and property, with unbiased and equal protection of the laws as they are written. Failure to do so constitutes a breach of this contract entered into and binding upon by action in this matter.” or some such contract with the corporate court business as usual …not any more… thus allowing you to sue them later for failure to perform and reliance damages, etc. (look the court up in the business section s and get their tax id number for future reference and stealthily drop it into your filing “Doing business as…”, subject to its corporate charter and the laws of this State which granted its charter. And this is used to give notice to the State that one of its creations is acting outside (ultra vires) of its charter and causing injury to the people as a result to which “The State of”/county (other corporate entities, able to sue and be sued like any other corporation not “XYD State” failing to take appropriate actions and as the “principle” is liable… for millions.
    10. How dare you get over the conditioning and trust of these agencies and recognize that they are all corporate entities for profit because the people have failed to maintain their de jure courts and agencies and failed to manage their own creations, failed to get involved and “alter or abolish” “any Form of Government” which “becomes destructive of these ends”… and know, memorize these documents along with the thousands of songs, stats of various sports and other trivial stuff absconding with your time and brain power… failure to tech our children how to read and write pleadings, motions and the like and stupidly trusting the public fool system with the minds of your children to be conditioned to do nothing, be a go alonger to get alonger, trust the gov take no action of your own, your not capable of grasping the intricacies of the law so always hire an expensive attorney who is also a professional liar, extortionist, manipulator, liar and has no clue what is really going on (certain ones we know exceptions). Failure of the people to establish law by initiating it which would cause these criminals to be tested every six months as to their knowledge, understanding and accurate use of “The Unanimous Declaration of the thirteen united States of America (in congress assembled) which is the trust from which all “Forms of Government” are subject to and bound by such principles and the right and powers and “duty” to throw off any form of Government which “becomes destructive of these ends”. The Constitution to which every office is required to be sworn to support but have no knowledge of and thus are impersonators and imposters..
    To this end If I may again suggest that one thing we can do is to go out and get the required number of signatures for a petition which causes this legislation, policy, into the ballot to be voted on by the people and established into law. Once they know the laws as they are written I believe those go alongers with no other choice will now have a choice and know the law to stand upon and know they can be sued and jailed for failing to do so. (18 USC 4) as can all of you for failing “to make known to some judge or other officer of the United States of a crime or crimes cognizable of a court of the United States” .. up to three years in jail.
    It is so simple and effective, if they can not pass the test then they no longer hold office as a matter of law and policy to gain the position and to hold the position. No fuss, no suits, no long drawn out litigation which they can manipulate all the while continuing in office to destroy lives on a daily bases. Just.. “oh you did not pass the required 6 months test, well I think you have three weeks to retake it and pass, but if you do not then I guess you need to find another job where liars, cheats and thieves are needed…”
    Anyone wishing to help finish the actual wording of this legislation to be used please make contact at truthmonger6@gmail.com and everyone else be ready willing and able to get out there with a clip board and get the required signatures on a petition in accordance with your State, county etc.. plus 30% (knowing in advance that they invariably find 30 % to be invalid… do it right and get it done.
    How dare you wake up and realize that the State did not create you and you are not a subject of the State but rather the State is a creation of man and subject to man!!!! Stand up step up take back your rights! or give up, back up, forget about being right. As the man said you set the standard for the next generation… most of all do not fight it alone!!! teach your children, help others and discover all across the nation the same shit is being done to everyone… each State each county has its own way of violating your rights and engaging in criminal acts under color of law (18 USC 242) and depriving the people of there rights by threat, intimidation, oppression and injury (18 USC241) which is why we the people have created laws prohibiting such activity.. these are our arms to bear.. let take them down!!
    Blessings all.. we are making progress. See recent cases..
    One other note… to those who refuse to do the non disclosure and take the millions they will offer, hold out for the maximum they will give ready to go to jury trial.. then accept it and do it again and again and show others how to do it.. in this way you will not end up dead by suicide with two bullets in the back of your head. Yes it is that corrupted, so for now we must take the “shekels” and live to win another day over and over again till corruption no longer is profitable and will ceases along with its influence. You can always file other charges and against other defendants and with the funds to third party it and hire good investigators, writers, etc and even buy some political clout.. to get the first conviction in the public.. then more and more and more till the whole wall of Jericho comes tumbling down.

  35. It was lengthy but i have lived his story. Three years after foreclosure and im still upset about how unfair it was, and the 20,000 i paid my lawyer to treat me like a dead beat who wants a free house.

  36. Anononymous, I hope you continue to find the strength to continue with your battle, Please don’t give up and let them win, after all you have been through. I thought my situation is bad, it is going on 4 years and still no real resolution. I did send wells fargo (ASC) a qualified written request, asking for all info on who owns the contract, since there are 3 different lenders listed on different papers, plus the servicer, what they specifically did with our money, the money trail from start of mortgage to present, names of all trusts, trustees, custodians, etc., also asked about specific things that are obviously wrong like our income, value of home (they put amounts more than twice actual amounts) which they did not get from us, etc., etc., etc.. Don’t know how this will go, if it will help or not, but I did not have luck before in getting hold of correct person from president’s office for answers or help, since the letter I have received 2 phone calls from such a person, first came the day the received the letter. They still need to send any info, he says they’re working on it and I will get answers by a certain date. I know the law says they have 30 days (after letting you know they received the QWR) to respond, and can have an additional week or so after that to fully answer the questions. So, we will see. If they don’t within the legal timeframe, I will go after them best I can. There don’t seem to be any attorney here in Wisconsin that takes cases like this, so I’m trying to do it myself. I will keep you posted. Pat

  37. I took the liberty to tweet this out to thousands and to re-post on linkedin. I have realized the fraud is flourishing in the Virginia courts too. The experience has also shattered my belief in this country.

  38. I can so relate to this post and would be more than happy to share my story if Neil would like to publish it. And I can certainly empathize with Anonymous’s situation, as my husband and I were in similar circumstances back in late 2007.

    What we, as children of middle class families, didn’t know back in the mid to late 2000s is that we were sold a bill of goods by Big Gov, Big Biz, Big Banks, Society, and even our own families, and their families before us, who were raised to have blind faith in the very institutions which we were supposed to trust, but turned out to be predators just waiting to eat their young.

    The American Dream is The American Lie and is now The American Nightmare, and — what is already becoming the inevitable — something so unspeakable that I cannot even come up with a phrase to coin or describe it.

    The best thing I can come up with, from an analogous perspective, is The Rise and Fall of the Roman Empire.

    No country is immune to this syndrome, and the US isn’t either. Sometimes a country can (and often does) become the victim of its own success, but it’s the citizens that suffer, not the Heads of State or the Wealthy. Because its far easier to take it out on its own citizens and sacrifice them at the altars of the very institutions we trusted and believed in — because we were told to do so.

    The root cause? Money, money, money, money . . . money. Nothing else matters to the faceless institutions which shape our fate, day in and day out.

    Why now? Why not? When the global economy is prosperous, everyone else prospers too (sort of). But when the economy falls, it’s each country’s citizens who are the first ones to go. And, inevitably, many countries prefer to eat their own so that they can keep what they already have. The little people can be squashed like ants, and the dead don’t talk.

  39. Wells fargo is the devil.. I wish and hope before I die that someday there is a class action suite to possibly get back some of the 225k cash I lost even though I’ll never get my house back the money i put down and paid in payments would help get me out of financial debt that it caused and the heartache but I’ll never get the3 years of my wifes tears back ever. it broke her heart when I was unable to save her home. That I’ll never be able to fix for my loving spouse of 37 years. It was like stealing from a family that was loyal to a bank to a fault. it was a hard lesson to learn and made me bitter to anyone about anything that involves my family. I’ll never trust anyone again.

  40. Reblogged this on sandrakblog.

  41. Reblogged this on Deadly Clear and commented:
    Mary Wilson, former member of the Supremes, put it all in perspective when she talked about Flo’s foreclosure: ” Our houses were more than just than just homes; they were the symbols of our success, and owning a home meant that you were secure, or so we all thought.” Dream Girl 1986.

  42. Mary Wilson, former member of the Supremes, put it all in perspective when she talked about Flo’s foreclosure: ” Our houses were more than just than just homes; they were the symbols of our success, and owning a home meant that you were secure, or so we all thought.” Dream Girl 1986.

  43. This case and the statistics show there is no court solution and we have a continuing social crisis. Agree with those that say this is a bigger fight but don’t let it destroy your soul. This continuing injustice must stop and every official to every presidential candidate must be held accountable. Where are the billions in settlements going?

  44. In many ways, this letter could have been penned by me. I did not default on my mortgage, the servicers decided to implement an “escrow account” on a no escrow Note through Ameriquest and apply my extra payments towards principal ONLY (I believed I was paying it off quicker by making extra payments every month ~ HA!) towards setting up that account, which overnight DOUBLED my mortgage payments. I had paid my own taxes and insurance for 11 (eleven) years prior to that and had never fallen behind on them. They even implemented forced placed insurance when my policy was PAID IN FULL for an entire year.

    They could not find a legitimate reason to foreclose on me, so they created one. NONE of my additional payments towards principal were EVER applied. No accounting was ever given despite 5 years of multiple requests for it via certifed mail to every known entity involved in my “Note”. I too, was forced to file Bankruptcy to try and fight them off. I too had multiple layers of fraud, Bryan Bly robo signing, forgeries, etc… And I am a Real Estate Broker who KNOWS contract law. And as this writer states, I too, believed in the Rule Of Law and especiall Texas Property and Contract Law. Again… HA!

    During this process my father was hospitalized in Florida (I live in Texas) and I was having to fly back and forth 4-6 times a year to try to help him with his needs, doctors appts, medication conflicts, etc…
    Dad asked me to please move back to Florida to stay with him and provide some level of care, but after 11+ years in my home, I had over $180k invested in it and NO WAY to get my equity back out of it except to stay in the fight here in Texas. Knowing what I knew, I could not even think of leasing it out because of all their dirty tricks, so I too, was being held hostage and in some ways, a prisoner to my home.

    My father managed to last a few more years, but eventually fell and broke his hip and due to blood clotting died the next day. I was NOT there for him because I was trying to save my home. I will live with that guilt the rest of my life. And for me that was a turning point. I got down on my knees and asked God to give me some kind of sign. Let it go… or hang in here and BELIEVE that we will prevail. I also decided then and there that I would no longer allow it to cause me to lose sleep and stay rooted in fear and worry or speak of it incessantly in front of my son’s and family. I would allot a specific time frame for it weekly to address whatever issues might come up and once that time was used, I PUT IT DOWN. And thus far, it has saved my sanity, allowed some semblance of normalcy to return to our family and home life and given me a greater sense of peace.

    What happened was. I asked for a SPECIFIC sign that I was to stay in this battle and to continue. I also asked that whatever I have to endure that the victory at the end would serve OTHER’s and not just myself and my family. I did not receive “A” sign. I received the same sign THREE times in a matter of days. I cried the first time, I danced the 2nd time and the third time, I stood in AWE and bowed my head and offered a prayer of thanks. If this “battle” has only served to do ONE thing, it has strengthened my faith in a way that may never have happened in another scenario. I recently told friends and family that in that way, I am GRATEFUL that G-d has put me in this situation for Just Such A Time As This ~ much like Queen Esther. So instead of bemoaning this trial, I now THANK HIM that He has given me the wisdom and the knowledge and the courage to fight this EVIL with the sword of Truth. And while I am just ONE voice, there are a million more JUST LIKE MINE. And together we WILL PREVAIL. Sometimes it truly is darkest just before the Dawn. We mustn’t falter or fall away in the moments right before we overcome.

    Whatever happens in my case, I will NOT settle with any confidentiality clauses. And I don’t care how long it takes anymore. This is NOT about my home anymore. Maybe it never really was and I am just now understanding that this is far greater than any brick and mortar building. This battle is truly, truly, truly about Good vs. Evil. And make no mistake, YOU are ALL a part of it. Everything WE as individuals do, is reflected back to us in society.

    If WE want more JUSTICE, then we better be willing to stand up and demand it for OTHERS when we see these injustices, whether they be great or small. Tired of fighting the good fight? Get some rest and ask G-d to do the heavy lifting and watch him turn the tide in your favor in a way you could never have engineered yourself or maybe even imagined. Ready to quit because its just too hard?? Then be prepared to continue to be blatantly assualted with evil on every side, because that is what evil does. It never sleeps and it never stops until WE STOP IT. Collectively and on an individual level in every single thing we think, say or do.

    For me, on a very personal level, it was understanding that both my son’s were watching me fight this fight. They watched me fight it until I became physically ill. They watched me fight it through my father’s illness and subsequent death. They both wondered if I would falter or fail. They both gave me permission to stop. I had many friends say things that indicated they could not believe I was still fighting the “Good Fight” and gathering more and more eveidence as it continued. To that I always smiled and then pointed at one of my son’s and said… “How Can I Quit Now? They are WATCHING ME!!”

    I hoped they would understand that this meant that I am teaching my son’s to be WARRIORS for the Truth and to stand up for what they believe in. ALWAYS.

    Some friends did not “get it”. Those with children of their own almost always, immediately nodded their heads in understanding. Our children watch EVERY thing we do. They form their opinions on life and their moral codes from US. If we are weak and lack faith, our children INHERIT that from US, and as such, we are dooming them to a life without hope. They will develop Victim Mentalities and live a life fraught with continuous failure and disappointment and feel powerless to do anything about it. This is where “suicide” raises its ugly head and claims the life of our most precious asset, our CHILDREN.

    So “NO”, I am not fighting this battle for a house. I see the bigger picture. My children will not wake up homeless. The Rule of Law will be restored again to this once great Nation. And I will live to see that day. And on that day, I will stand very proudly with ALL of you that are also continuing on in this fight because we know, it is quite simply, the right thing to do.

    Thank you Matt Weidner, thank you Mark Stopa, thank you Max Gardner, thank you Neil Garfiled, thank you Rick Guerra (in Texas) thank you fellow Mortgage Fraud GLADIATORS!!! I am so proud to be a part of this movement, this tidal wave of truth. We Shall Prevail!

  45. This is the real story behind so many of our lives. Thank you for writing it.
    Each day is a battle to keep this from over taking your life and happiness. Get outdoors. Take a walk in a peaceful place as often as you can. Stay connected to nature. We are more and we are better than this evil called greed.
    I will fight till the end. I do it for more than just me. I refuse to let it get to me.

  46. I’m in the battle of foreclosure ,defaulted in 2009 couldn’t make full payment. three years later foreclosed on. as to this day still fighting.
    lost my credit , good jobs, but most of all my wife ,who was the love of my life, now it is just me ,I have came to far to quit now ,I am fighting to the end. never trust a bank again. you reap what you sow and reaping is coming to the BANKS THAT HAVE DESTROYED PEOPLES LIVES FOR A DOLLAR.

  47. Never EVER let evil prevail. Never walk away. Change your way of thinking and everything falls into place. If you allow them to steal your life, they (the evildoers) have won. Fight, and keep your life. Change your attitude. Evildoers must NOT prosper. Your house is brick and mortar..it’s truly NOT important..but the fact that evil entities believe they are above the law and can do what they want…NO…FIGHT THEM..but keep your priorities in order. It’s all about the way you think about it. EXPOSE EVIL ALWAYS. If everyone gives up and walks away..the EVIL continues. The reason they are allowed to continue is because stupid people allow them to. This guy gives bad advice, probably a bankster in disguise.

  48. Very well written. Keep’em coming.

    Best of luck. Hang in there.

    On Sun, May 8, 2016 at 3:40 PM, Livingliess Weblog wrote:

    > Neil Garfield posted: ” Held Hostage by a Home By Anonymous Depending on > reader response- this column may become an ongoing Sunday feature on > LivingLies. Let us know what you think. > ______________________________________________________________________ > Although Neil Garf” >

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