Tonight! Let’s Get it Right This Time! Foreclosure moratoriums and forbearance programs

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Tonight’s Show Hosted by Neil Garfield, Esq.

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Everyone either is or will shortly be effected in important ways by coronavirus. Wear masks if you have them, use disinfectant wipes if you go out. Wash your hands and face. Practice social distancing. Unfortunately the places that took this less seriously will soon be suffering from the worst outbreaks, the greatest economic slowdowns and  the greatest number of deaths. And for now the reports indicate that is mostly in the Southeast United States which are projected to have the deepest recession in economic history. 
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Some people are trying to say that there won’t be an increase in the number of attempted foreclosures. That’s like saying you can drop a piano out of an airplane and it won’t land anywhere. In just 2 weeks this country has lost 10 million jobs — a pace  that far exceeds the 2008 recession and even the great Depression. All things being equal if people have no income they won’t be making mortgage payments or rent payments. The enormity of this crisis is not and cannot be met by standard stimulus packages. We must find another way and that way, in my opinion, is to make things right. 
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This is also an opportunity to reassess where we are and how we have been conducting our daily business in this country. As Bill Paatalo says in his blog post today, the ongoing use of false, forged, fabricated, backdated documents continue. Those documents do not memorialize any events in the real world. Such documents lie about the existence of such events and contain intensely crafted wording to allow for deniability of liability if the chickens ever come home to roost. Read them carefully and you find that there is nobody who is accountable. 
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Neither moratorium nor forbearance will ever mean that you won’t be subject to continuing false claims for collection, administration and enforcement of a loan on which the underlying debt has already been paid off by the same process of securitization that the banks use to pretend that the debt still exists and that their attorneys and servicers can still enforce.
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Forbearance and moratorium granted by such unauthorized and usually nonexistent entities means nothing just as their attempts to collect, administer and enforce. But if you don’t challenge them then you are very likely to either buckle under pressure, leave your home voluntarily or involuntarily, or get involved in a fight for your life, your lifestyle and your property.

7 Responses

  1. Fake “lenders” will be asking for another bailout. We will be ready this time!!!!!

  2. Here’s the very interesting article (Paatalo):

    Is Lorraine Brown’s “Six-Year Scheme” Of “Mail & Wire Fraud” Still Running?
    Posted by Bill Paatalo on Apr 1, 2020 in Uncategorized | 0 comments

    By now, everyone has heard the story about DocX / LPS and the indictment of Lorraine Brown who plead guilty to Mail & Wire Fraud under 18 U.S.C. 1343 for “preparing and filing more than 1 million fraudulently signed and notarized mortgage-related documents with property recorders’ offices throughout the United States.”

    https://www.justice.gov/opa/pr/former-executive-florida-based-lender-processing-services-inc-sentenced-five-years-prison

    On the heels of Brown’s sentencing, LPS and the largest servicers entered the infamous National Mortgage Settlement promising to remediate and rectify their shoddy practices. It has always amazed me how the top law enforcement officials (50 State Attorney Generals) would demand formal “remediation” without requiring LPS to record “corrective” or “rescission” documents for each of the 1 million fraudulent documents it recorded rather than allowing them to remain intact in the title records. That would have been a true fix to the problem. That is called “remediation.”

    Instead, homeowners received $300 checks on average while these known fraudulent documents were allowed to float around in commerce like nuclear fallout, and are continuing to be utilized and relied upon by the servicers, title companies, and law firms as the basis to which they claim their alleged foreclosure and title rights. How can that be? Can these turds simply be spun into gold after the consent judgment(s) expire? I personally don’t think so. The parties who continue to utilize these documents in courtrooms across the U.S. are very much aware of their fraudulent origins, yet knowingly advance and push these documents into court via wire and mail for purposes of obtaining judgments and profit. How is this not a continuation of the original “six-year scheme” of Mail & Wire Fraud under 18 U.S.C. 1343? Is it only a violation if mailed or wired once? If there was a conviction against the person who mailed or wired it the first time, does it mean others are free to recirculate it with a standing “Get Out Of Jail Free Pass?” I have posited this issue in a formal complaint to the Oregon Department of Justice and will follow up once a response is received.

    Clearly this scheme did not end with Brown’s indictment, as countless others, including many lawyers, have chosen to run and carry the fraud baton like an Olympic Torch.

    18 U.S.C. 1343—Elements of Wire Fraud

    The elements of wire fraud under Section 1343 directly parallel those of the mail fraud statute, but require the use of an interstate telephone call or electronic communication made in furtherance of the scheme. United States v. Briscoe, 65 F.3d 576, 583 (7th Cir. 1995) (citing United States v. Ames Sintering Co., 927 F.2d 232, 234 (6th Cir. 1990) (per curiam)); United States v. Frey, 42 F.3d 795, 797 (3d Cir. 1994) (wire fraud is identical to mail fraud statute except that it speaks of communications transmitted by wire); see also, e.g., United States v. Profit, 49 F.3d 404, 406 n. 1 (8th Cir.) (the four essential elements of the crime of wire fraud are: (1) that the defendant voluntarily and intentionally devised or participated in a scheme to defraud another out of money; (2) that the defendant did so with the intent to defraud; (3) that it was reasonably foreseeable that interstate wire communications would be used; and (4) that interstate wire communications were in fact used) (citing Manual of Model Criminal Jury Instructions for the District Courts of the Eighth Circuit 6.18.1341 (West 1994)), cert. denied, 115 S.Ct. 2289 (1995); United States v. Hanson, 41 F.3d 580, 583 (10th Cir. 1994) (two elements comprise the crime of wire fraud: (1) a scheme or artifice to defraud; and (2) use of interstate wire communication to facilitate that scheme); United States v. Faulkner, 17 F.3d 745, 771 (5th Cir. 1994) (essential elements of wire fraud are: (1) a scheme to defraud and (2) the use of, or causing the use of, interstate wire communications to execute the scheme), cert. denied, 115 S.Ct. 193 (1995); United States v. Cassiere, 4 F.3d 1006 (1st Cir. 1993) (to prove wire fraud government must show (1) scheme to defraud by means of false pretenses, (2) defendant’s knowing and willful participation in scheme with intent to defraud, and (3) use of interstate wire communications in furtherance of scheme); United States v. Maxwell, 920 F.2d 1028, 1035 (D.C. Cir. 1990) (“Wire fraud requires proof of (1) a scheme to defraud; and (2) the use of an interstate wire communication to further the scheme.”).

  3. Neil: Can you provide Bill’s website (Paatalo) so we can read his article. Thanks.

  4. Neil you are a great writer and feel you need to get your words out to a wider audience so that the smaller voices and people facing foreclosure can understand how they can stand their ground!

  5. Hope we can be with you today from Steve at Consumer Rights Defenders. Nationwide Forbearance is a temporary fix. Prepare NOW for the war that is about to ensue.

  6. Good article Neil. Some people are really stressing that one should let their loan (s) go into default now and hire them to help get the upper hand with lenders- very bad advice in my humble opine and I sent you a copy of one of these solicitations.

    Still too bad that good attorney across the country will not band together to track down and destroy these paper mills that seem to be one of the main sources of our troubles.

    So sad when I see the rise of foreclosures again and using the same old tactics with MERS!!! Keep up the great work and stay happy, healthy and safe. Semper Fi.

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