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Tonight we talk about mediation and modification. It turns out that mediation, if played properly, can be an excellent opportunity to demonstrate the dubious authority of anyone to initiate foreclosure, or appear at mediation.

As for mediation most people do not realize that mediation is an extremely potent tool for homeowners. What you want is an order that commands all parties to be present with complete authority to negotiate a settlement through either lump sum payment or modification of the current installment payments.

None of the Banks, Servicers, trustees etc. can comply with that simple order.

If a judge orders the parties to mediation and one of them doesn’t show up, the sanctions usually are judgment or dismissal for the other side. If the court order says the persons showing up must have all the authority necessary to make a final decision and execute a binding settlement agreement and their appearance is by some doofus on the telephone who won’t give his full name and is only authorized to offer you an application for modification, the order has been violated as well. The results are strikingly favorable to homeowners.

The facts show that in most cases the party named by lawyers as having initiated foreclosure are not showing up and never will show up. And that is because there is no trust, there is no trustee, there is no trustor, there is no beneficiary, and there are no assets that have been entrusted to the trustee to actively manage on behalf of named beneficiaries of a legally existing and valid trust.

20 Responses

  1. @ ALL

    Kalifornia affirms TILA rescission:

    US Bank National Association v. Naifeh et al.

  2. Again, most JUDGES regularly fix any fraudulent cases for banks,no matter that the law says, and most mediators are former judges. In Illinois Wells Fargo is running a foreclosure MILL with fake Trusts – known by all authorities, specially IL AG Lisa Madigan whose father Michael Madigan, leader of IL Democratic party (aka Mafia Boss Mike) helped at least 85-90% judges to get their seats. Illinois Court system is publicly known as “Family and Friends Club” and of course they serve those who pay them directly (for example, IL Supreme Court Justice Theis who loves to place her well-connected clerks on judicial seats, as well as other cronies, got at least $1.7 million from banks, their lawyers and lobbyists). Lisa regularly collected handsome settlements from banks – which disappeared in her hands and definitely enriched her clout. Here are no chance for regular people to survive in Illinois Courts or Mediation offices, and Banks can buy any favorable decisions. Judges will even help to hide the evidence of fraud from other parties.

  3. Why are old posts here? Make sure YOU get to chose the mediator. Don’t count on not encountering the old boy network.

  4. I plan on doing just this. Using mediation to the homeowners advantage.

  5. Somehow, old responses got mixed up with this one. Bill — need more. That trust is truly in question. Not filed on SEC website. Cannot be found. Need more for those filed on the SEC website.

    Agree — all are the same.

  6. @ ALL

    The case is mis-referenced as McManus v. Bank of America; it is McManus v. NBS Default Services, LLC.

    The link to the ruling:

  7. And securitization? There can be NONE – without being on someone’s balance sheet FIRST. There is NO direct lending from “investors” to borrowers. NONE. Only “Lender” is as stated to borrower. But, that was never the Lender because never on their balance sheet, and, therefore, could NEVER go to off-balance sheet.

  8. Kali — Ok

    Ian — absolutely correct. And, you know the “FUNNY”??? thing is — it doesn’t matter what “trust” you are supposedly in because no one is really there in the first place. Switched around – perhaps dozens of times. It just doesn’t matter to the debt buyers — once a debt — always a debt. Doesn’t matter what “trust/Trustee.” Doesn’t matter what you do. Doesn’t matter what you know. Doesn’t matter whether you were ever told anything at origination. Doesn’t matter how or if a loan is “modified.” It is nothing more than default debt with unknown “debt buyer.”

    I love to say — “the loan has no home.” Because, no accounting.

    Title can never be fixed until that debt buyer shows it’s face. And not happening. Covered up.

  9. @ Anon, Bob G., & Ian (alphabetically)

    Because I am overly multitasking, I am admittedly delayed; so be patient, with an eye for forthcoming e-mail correspondence(s).


  10. ANON- in re: default debt:
    I remember “working things out with my servicer”, being at the time 60-90 days in arrears, and I would catch up and things would be fine for 2 or 3 years, and then same thing again.
    Was I surprised to read PSAs 10 years later, that any loan in the alleged trust was considered in default on the 31st day past the due date. So yes, they were all in default, charged off, insurance or swaps collected .
    Resecuritise them, and collect the same payments ona loan which has been written down to zero.
    But you can only write down to zero if there is a balance sheet….

  11. ANON- you nailed the default debt some time ago, I am in complete agreement on that count. That’s all I want to say right now.
    I’ll email As you suggest.

  12. Ian. Think they want you to email by Bob’s email address. And, again, to your excellent post – the only way that what you describe can happen is when the loans were never a mortgage, but, rather, just transfer of already classified default debt. In effect, just renegotiation of default debt at refinance – whether in default or not. Most likely NOT. Whoops – no one ever told the borrower. Then – trapped. No matter how you slice it. No one there to help. No one in the government. Not one representative. Were they sleeping all these years?

  13. Sorry I meant Kalifornia . Spellcheck at it again.

  14. ANON- are you emailing me as per last post from Kalifirnis?

  15. Will do Bob and Kali.

  16. Yes Ian.

  17. With his Permission and THROUGH Bob G.:

    @ ANON & Ian:

    Check E-mail.

  18. ANON- yes the “trusts” are empty shells. And when you add MERS, backdated assignments, allonges produced when there is enough room on the note to write a novel, ( allonges are therefore void by definition), notes assigned to the “trust” after the closing date, and almost all documents signed by someone on the other side of the country, who knows nothing, it’s pretty obvious that something is amiss.
    The only things that change hands, or ownership, are the Mortgage Servicing Rights, or MSRs. Read Default Servicing News, look through some issues until you see something like “Ocwen purchases 2.8 billion MSRs from Dirtbag Servising Corp” for $52.7 million dollars. You will never see anyone reported as having bought the mortgages and notes.
    So any court action referencing a trust or trustee is a fraud. The servicer keeps the money.

  19. ANON…contact me again at please

  20. Perfect topic. And, please consider addressing that the servicer attaches the trustee name to “trust” in litigation — making it ONE entity. BUT it is not ONE entity. The Trust and Trustee are two separate entities. Trustee is the legal holder. The trust is an “artificial” empty shell. And the investors are only beneficial by pass-through of CASH proceeds. No CASH pass-through — no beneficial investors. No trustee — no REMIC fiduciary trust. This is SCOTUS law.

    Of course, as Neil says — if the trusts were never set up correctly – none of it matters. But, Courts are reluctant to accept that. .


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