Foreclosure Defense Forms

 

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faq

 

comprehensive-mortgage-audit-revised-7907 Triple AAA Rated and Priced!

wamu-screws-up-and-tries-to-sue-7-years-later

WELLS FARGO DOESN’T CLOSE ON LOAN BUT FORECLOSES ANYWAY!!!
goike-wells-fargo-no-closing-but-foreclosure-anyway
BESIDES THE OBVIOUS “OOPS!”, HERE, LET ME ALSO STATE THAT WE HAVE THREE OTHERS JUST LIKE IT FROM WELLS FARGO AND THERE ARE OTHERS POPPING UP WITH OTHER LENDERS. Here the “borrower” filled out an application and then changed their mind. No Closing, No Note. Note Mortgage. And yet there was an assignment and a note attached. Even those with limited understanding of securitization understand that this is demonstrative proof that they were selling the loans “forward” (as the industry puts it) signing an assignment, and attaching a note in blank, with the signature of the “borrower” forged by a bank employee. WELLS FARGO obviously did not book the loan on its balance sheet or anywhere on its bookkeeping system or financial system, because then there would have been tracks. They proceeded to harass the “borrower” and then file suit in foreclosure, thus clouding the title of the real person who bought the subject house and the real mortgage lender who financed the purchase that actually occurred. Why are the notes gone? Because they have to be gone. If they show up, then the people involved go to jail. Whether the closing occurred or did not occur, in at least 40% of all loan closings 2001-2008, the notes were forged in this manner, the assignments were fraudulent, but the “lender” got paid in full PLUS a fee of 2.5%.
  1. Money and Debt
  2. history-of-credit-crisis
  3. federal-appeal-slams-lawyers-and-pretender-lenders-with-sanctions-for-misrepresentation-on-ownership-of-loan
  4. roseruling20071115-2-federal-district-court-citing-boyco-federal-decision-dismissing-for-standing
  5. mers-beneficial-interest-to-sue-cannot-exist-separately-from-other-beneficial-interests-in-the-note
  6. the-evolution-of-the-subprime-mortgage-market
  7. national-consumer-law-center-warning-to-federal-reserve-in-2006-thorough-discussion-of-improper-practices-although-not-complete
  8. complete-set-of-new-york-state-foreclosure-documents-deutsche-bank-national-trust-queens-case
  9. california-statutes1
  10. ca-complaint-w-rico
  11. michigan-statute-on-postponement-of-sale
  12. Michigan Postponement and Replacement of Trustee Discussed
  13. why-the-lenders-have-a-problem-they-cant-solve-and-how-that-benefits-homeowners
  14. President Jackson Had the Same Fight: Centralized Banking and Political Power
  15. plaintiffs_supp_memo-ohio-davet-case-how-they-will-counterattack

I SUSPECT THAT THE PERSON WHO SIGNED THAT AFFIDAVIT HAD NO PERSONAL KNOWLEDGE OF THE FACTS. You have a right to cross examine witnesses. Demand they produce the signatory and if I am right, then they might retreat.

CNN 2005 Report Shows Pressure on Appraisers — “A train wreck waiting to happen”

Non_judicial sale is probably not the proper procedure where there are equitable and constructive holders in due course. Only Judicial Foreclosure would be available. Motions should be filed appropriately. This will force the “lender” to disclose and plead standing which can be easily challenged. california-statutes

garfield-memo-on-single-transaction-and-step-transaction-doctrine

san-diego-sues-countrywide-officers-directors-mortgage-aggregators-mortgage-brokers-investment-bankers-and-investors1

connecticut-countrywidelawsuit

west-virginia-countrywide-complaint

CITCICORP-MERS ASSIGNMENT ON NON-EXISTENT NOTE

ATTORNEY’S FEES: ATTORNEYS: IF YOU ARE UNABLE TO ACCEPT THE CASE FOR ECONOMIC REASONS PLEASE CONTACT US SO WE CAN TRY TO FIND AN ATTORNEY WHO HAS THE RESOURCES TO DEFEND THE CLIENT AND COLLECT LATER ON CONTINGENCY AND RECOVERY FROM THE LENDER. We have some recommendations for attorneys and their clients. It is important that EVERYONE have access to courts to defend their rights and prosecute their claims. Lawyers should realize that whatever happens in the case, as long as you win on your basic premises, the LENDER is going to be responsible for the fees and costs. Thus Pro Bono work is justified not only because of our responsibility to serve the public, but economically justified because of the high likelihood that you are going to get paid anyway. The res of the recovery is not likely to be less than $10,000-$15,000, will probably average around twice that, plus there is a fair probability that you might eliminate the mortgage and note in their entirety. The value of the res would rise by the amount of the original mortgage. This might require a third party lender giving a much smaller mortgage to the borrower and paying you at that loan closing for your contingency fee. Other arrangements are possible, depending upon the creativity of lawyer and client. Those who have money should be charged a retainer, in our opinion, of around $15,000 which can be paid out over time, plus the contgnency. The form attached here might be a little too high on the contingency because of the retainer.

Putting some pressure on those who claim poverty but who have not been paying their mortgage for months will probably produce the payment, which will cover those for whom you do Pro Bono or reduced fee retainers. Borrowers/Clients must be informed that this is THEIR case and the fact that a lender did not treat them fairly is not the responsibility of the lawyer, who has no obligation to take the case and no obligation to reduce his fees. Both lawyer and client must realize that homestead property is treated very differently than investment property. The suggested retainer is for one property. The results on the homestead property might vary from the results on the investment property. attorney-partial-contingency

ALABAMA SLANDER OF TITLE AND OTHER CAUSES OF ACTION. EXCELLENT PIECE OF WORK: alabama-slander-of-title-etc-amendedcomplaint

California Deed of Trust with Assignment of Rents: ca-deed-of-trust-with-assignments-of-rents

OHIO FEDERAL COMPLAINT: federalcomplaint-ohio

FEDERAL SUMMONS: federal-summons

FEDERAL WAIVER OF SUMMONS: federal-waiver-of-service-of-summons

federal-supplemental-civil-cover-sheet-for-cases-removed-from-another-jurisdiction

EXCELLENT SUBMISSION BY HOUK: florida-motion-to-vacate-judgment

Fannie Mae Guide on Proper Handling, Definitions and Procedures for Selling and Servicing Loans

fnma-guide1

Editor’s Note: Most states reject the servicer as a party with legal standing to foreclose and collect on the note through Judgment. This is especially important in the securitization process where the payments are supplemented or even replaced by third parties including insurance entities and agreements like credit default swaps. While not all loans involve FNMA or Freddie Mac these rules are persuasive as to proper procedure.

MINNESOTA TRO: tro

OHIO MOTION FOR STAY:oh-stayforeclosuresale

OHIO MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR STAY: oh-memosupport

ohio-stay-order

Mavis-answer-and-aiffirmative-defenses-11

FLORIDA MOTION FOR EMERGENCY STAY TO APPELLATE COURT: florida-stay-petition-appellate

Florida Emergency Motion to Vacate Judgment delia-frclsrmotionvacatejudgmentv1

motion-to-dismiss-lack-of-standing-florida

florida-m-dismiss-jurisdiction-standing

FLORIDA ANSWER AND AFFIRMATIVE DEFENSES TO COMPLAINT SHOULD INCLUDE PENALTY ALSO FOR FRIVOLOUS PLEADING

florida-frivolous-57 DEMAND LETTER

florida-motion-for-frivolous-sanctions

AFFIRMATIVE DEFENSE TO LOST NOTE: AFFIRMATIVE DEFENSE TO LOST NOTE

SEE GLOSSARY — MISSING ASSIGNMENTS AND NOTES

Important Memorandum and Decision for supporting argument that mortgage is paid, parsed, or not in default, as well as attacking standing on grounds of champerty and maintenance (NOTE DOCUMENTS DESCRIBED FOR YOUR DISCOVERY REQUESTS): remic-brief-with-exhibits-and-bkr-decision-champerty-distribution-report-appraisal-reduction-event

New York Sues UBS on Policy and Pattern of Deception in Auction Rate Securities ubs1

QUIET TITLE

Queens County, New York Deutsch Bank Case: Here is One that I think could be easily overturned. For one thing, there was no trustee, for another, the trustee was the plaintiff, and for another, there is no trust agreement in evidence:


439 Responses

  1. Chris Seymour, on March 27, 2018 at 11:22 pm said:

    File bankruptcy
    Either Ch 7, 11,or 13
    It will protect the house

  2. Christina, on March 23, 2018 at 10:20 pm said:

    Lender lied on documents breached contract negligent liable violated my rights illegally obtaining forclosure and sale. Trying to evict. I didn’t get fair hearing due to Judges bias acceptance of false information and failure to uphold position to defend homeowners rights. What do i do?

  3. Denise Kraft, on January 18, 2018 at 6:32 am said:

    I really need help in Oregon a HOA is foreclosing on my home. I am unable to pay an attorney legal aid will not represent when their is a HOA. There is fraud and corruption throughout this case and many errors in paperwork. Help

  4. Orlando morris, on April 9, 2017 at 6:37 pm said:

    2007 I lost my home because Bank of America said my loan was up side down so they force me in two a option to do a short sell to get out on my house mind you the house was brought in 1968 for $15000 an in 2007 they said we own back pay of $425000 on the property so I like a lot people was force to do a short sell cause they were going to put me out I try paying the loan every month it went from $1100 two $1500 to $1800 one month two $2300 hundred they new even ally I could end keep up now I’m leaving in apartment an they just gave me $3000 to move when they told me they where offering me $13000 to sign but some how they got out of that an that just the short side this storie thanx for stealing are home an a lot of other people home the America dream Bank of America you figure

  5. Ray and Dorothy Shelton, on May 20, 2016 at 2:28 am said:

    Re: Jeff Barnes attorney out of Boca Raton. A REAL NIGHTMARE.
    Please People do your research very very carefully if you are thinking about hiring this guy. He took our families valuable land as a future payment to defend us and then at the last minute he bailed out on us leaving us totally stranded. We had already paid him a fortune to defend us but he lost at every turn. We demanded our families property back and he went absolutely crazy. I had never had that kind of verbal attack against me and my family before, it was terrifying.
    I thought he had lost his mind. He assured me that his friends at the attorney generals office would prosecute me and my family for a Varity of reasons, he told me he would contact our Bankruptcy judge and claim that we were committing bankruptcy fraud. Then he made some really bad comments about my child and that ticked me off really bad. We are elderly and never done anything wrong in our lives so this was scary to my wife and I. But we are not going to let him get away with this and neither should you if he attacked you too.. We have since heard from others who have had the same attack.
    If you are suffering because of the way you were treated by Jeff Barnes please call me at 352 274 8467 and join our complaint to the Florida bar. I want to show the bar that this is not an isolated incident. We want him disbarred and we want our property back.

  6. Marina, on February 9, 2016 at 5:53 am said:

    It was not the clerk’s or anyone else’s responsibility to tell your mom the court process. That is her responsibility to find out.

    …And that’s a point that will either make or break ones chance at success in the courts.

  7. Joevigil her name is maria morales, on February 9, 2016 at 2:19 am said:

    Look my mom was not told that she could have a fee waiver on a detainer form so they ask for about 265dollars but clerk never told her it was free so havining shearing on the 22jan not filing one because she wasn’t informed that it was free by clerk the judgment was for the pliatiff she has had her home for along time now she got sick in2008 brain anerisym she has had3 since then and were lucky to still have her around so at TT he hearing she had attended but plaintiff never showed what can she do or how can you help they want her out in by the 20/ mind you that she has paid off her home once be fore please help us yours sincerely Joseph joevigil29@gmail.com

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  9. Hallen, on November 3, 2014 at 12:08 am said:

    I AM GOING THROUGH A FORECLOSURE WITH LEHMAN XS TRUST 2006-XXX A PREDITORY NEG/AM LOAN THAT I PAID OVER 31K IN FEES AND WENT AND HAVE BEEN FIGHTING SINCE I RECEIVED NOTICE FROM OCWEN LOAN SERVICING FEBRUARY 2013 .BUT HAS BEEN IN FORECLOSURE SINCE DEC 2008 AND WENT TO BROWARD CTY ON AUG18, 2014 AND THE MAGISTRATE THREW OUT A LETTER FROM KATE LIGGETT FLORIDA FROM THE FLORIDA STATE ATTORNEY’S OFFICE
    SAYING THERE WAS ROBO SIGNING INVOLVED AND IT WAS ARGUED THAT I WAS MISSING THE SECOND PAGE AND IT WAS REJECTED FROM RVIDENCE HOWEVER IT WAS IN MY PLEADINF AND MOTIONS BUT DIDN’T REMEMBER WHICH ONE.

    AND OCWENS ACCOUNT EXEC SAID THEY WERENT AWARE OF ANY ROBO SIGNING ANND THAT THEY WERE IN COMPLIANCE WITH THE BOARD OF GOVERNERS RULES AND THEY WER SET UP WHERE IT WONT HAPPEN AGAIN AND ANOTHER DOCUMENT THAT SHOWED THE ENTITY THAT HELD THE LOAN AND OWNED THE NOTE WHICH WAS SENT TO ME ON JUNE 18,2014 AND A LETTER FROM THE BOARD OF GOVERNORS SAYING THAT THERE WAS DEFICENCIES
    IN THE FORECLOSURE PROCESS OF GMAC WITH A 400.00 CHECK WITH NO STRINGS AND THE MAGISTRATE THREW IT OUT AND I WAS JUST FLUSTERED AND THE PLAINTIFF ENTERED AN ASSIGNMENT OF MORTGAGE THAT WAS MADE BY DAVID STERN THAT THE PLAINTIFF PUT IN AS RECORD THAT GAVE OWNERSHIP OF THE LOAN DATED DEC 2,2009 BUT EFFECTIVE ON DEC 12,2008 WHICH WAS DATED 10 DAYS BEFORE THE FORECLOSURE COMPLAINT DATE AND JEFFREY STEPHAN WAS SIGNED AND STAMPED AS THE VP OF MERS ,THE NOTARY STAMP EXPIRED ON OCTOBER 19,2013 AND DID NOT EXIST ON THE EFFECTIVE DATE OF DEC 12,2008 AND THE PLAINTIFF ATTORNEY HAD A WITNESS FROM OCWEN LOAN SERVICING WHO WAS HIS OFFICE MANAGER THAT THE LAWYWER HAD HER SWEAR THAT IT WAS ALL LEGAL AND I OBJECTED SAYING IT WAS BACKDATED AND THE ATTORNEY SAID THIS IS ALL LEGAL AND ITS WAS RECORDED IN BROWARD IN JANUARY 21,2010 AND PLAINTIFF ATTORNEY SAID IT HAPPENED ALL THE TIME AND
    I SAID THE ASSIGNOR AND THE ASSIGNEE WAS MADE OUT TO GMAC EXACT SAME ADDRESS THAT IT DID NOT SHOW THE PREVIOUS LENDER GREENPOINT TO GMAC MORTGAGE AND SHE STILL ACCEPTED IT.
    THEN THE MAGISTRATE THREW OUT THE LETTER FROM THE BOARD OF GOVERNORS AND HANDED ME BACK WHAT I HAD SUBMITTED AND ASKED IF I HAD ANYTHING TO SAY IN MY DEFENSE AND I SAID THAT
    THERE WAS ANOTHER ASSIGNMENT OF MORTGAGE
    ALSO MADE BY DAVID STERN ON DEC.3, 2009 AND RECORDED ON JAN.28,2010 AND WAS WORD FOR WORD ALSO SIGNED BY JEFFREY STEPHAN WITH A DIFFERENT NOTARY TRINA WILTBANK EXPIRED INSEPTEMBER OF 2013 WITH THE SAME SENARIO BUT THE PLAINTIFF ATTORNEY OBJECTED BECAUSE THE RECORDED DATED WAS MISSING ON ASSIGNMENT
    I STATED THAT THE MAGISTRATE ALLOWED FRAUDULENT DOCUMENTS TO BE ACCEPTED IN THIS FORECLOSURE CASE AND THAT THE PLAINTIFF ATTORNEY COMMITTED FRAUD ON THE COURT. AND THE MAGISTRATE SAID THAT THIS TRIAL IS NOT FOR CLAIMING FRAUD ON THE COURT BUT IF YOU HAVE AN ACCUSATION OF FRAUD ON THE COURT YOU WILL HAVE TO TAKE IT UP WITH A HIGHER COURT. THERE WAS A LOST NOTE AND MORTGAGE AND THE PLAINTIFF ATTORNEY WAS SUBMITTING A POOLING AND SERVICING AGREEMENT IN AND AFTER I SAW IT SHE PULLED IT OUT OF MY HANDS AND REMOVED IT FROM EVIDENCE BECAUSE I KNEW THAT WAS WHERE THE LOST NOTE AND MORTGAGE DISAPPEARED TO.

    JUDGEMENT FOR PLAINTIFF AND I DIDN’T FEEL THAT WAS RIGHT AND DROVE BACK 400 MILES AND DIDN’T KNOW I HAD ONLY 10 DAYS FOR A ASK FOR A RE-TRIAL
    WHICH I SUBMITTED ON SEPT 4 2014 AND JUST RECEIVED NOTICE FRON THE ATTORNEY THAT I WAS GRANTED A HEARING ON NOVEMVER 13,2014

    AT THIS POINT I ASKED FOR A CONTINUANCE FOR HEALTH REASONS AND THE PLAINTIFF ATTORNEY HAD NO OBJECTIONS SINCE I HAVE COPD AM ON OXYGEN AND LUNG PROBLEMS AND I SENT IN A MOTION FOR A CONTINUANCE OCT 30,2014

  10. al, on November 1, 2014 at 3:29 am said:

    hallen,
    similar happened to us, but players were douglas c. zahm , midland mortgage midfirst bank.

    the difference was that the loan was securitized by GINNIE MAE , ofcourse everything was concealed.

    AND YES , EVENTHOUGH SEVERAL CAUSES OF ACTION ARE TIME BARRED …..FRAUD NEVER EXPIRES!!!
    WHICH HAS BEEN INVALID FROM THE BEGGINING CAN’T BE VALIDATED BY FRAUD.

    the time to fight back is close……

  11. Hallen, on November 1, 2014 at 1:54 am said:

    the lost note and mortgage and where did they go is gee it got lost in transferring from the last servicer to the new one is a scam and it cannot be pulled off without the collusion of many Lenders in agreement with one another to deceive the courts,the judges ,the borrowers and the courts that keeps the courts flooded with foreclosures that is the biggest RICO CRIMEs OF THE CENTURY.
    in the history of the mortgage industry.go to

    http://www.ohiomortgagereview.com/History.html
    ATER MY CLOSING IN MAY OF 2005
    THE Lender sold the Note under “mortgage backed securities instrument ” to investors under a pooling of interest.ON JULY 31,2006 .lEHMAM XS TRUST 2006-XXX then the Lender transferred the servicing rights to GMAC IN SEPTEMBER PF 2006 AND WALA LOST NOTE AND MORTGAGE APPEARS ON THE FORECLOSURE COMPLAINT in december of 2008.

    then in december of 2009 David J. stern prepared an assignment of mortgage transferring TO GMAC then i received a note from the board of governors with a check saying there were deficiencies in the foreclosure process THAT WAS STARTED IN DEC. OF 2008. WHICH WAS STILL GOING ON UNTIL I WAS NOTIFIED THAT GMAC TRANSFERRED SERVICING TO ON FEB. OF 2013 OCWEN LOAN SERVICING THEN I STARTED GETTING LETTERS FROM OCWEN NOT AS A SERVICER BUT AS A DEBT COLLECTOR AND HERES WHERE EVERY THING CHANGED BECAUSE ONCE YOUR LOAN GOES INTO DEFAULT THE REMIC GETS 70 TO 80 PERCENT OF THE VALUE OF THE LOAN AS A TAX CREDIT AND THE REMIC THEN SELLS THE LOAN BACK TO THE LENDER WHO WAS GMAC WHO IN TURN HAD OCWEN HANDLE THE FORECLOSURE FOR GMAC.
    I THEN PETITIONED OCWEN TO TELL ME WHO THE OWNER IN DUE COURS WAS AND AFTER A YEAR IFINALLY GOT THE LEHMAN TRUST AND IN THE LEHMAN TRUST IS WHERE I FOUND OUT WHERE THE LOST NOTE AND MORTGAGE WAS THAT IN THE FORECLOSURE COMPLAINT OCWEEN SWEARS AS DOES GMAC THAT THE LOAN WAS LOST WHEN DAVID STERN DIDN’T SEND A COPY TO THE NEW LAWYER ALBERTELLI LAW STATED THEY NEVER RECEIVED THE MAIL FROM DAVID STERN AND GMAC GETS ONE OF THEIR OFFICERS TO STATE THAT TO HISN KNOWLEDGE THE PROMISSORY NOTE WAS LOST AND WAS NEVER INVESTED OR HYPOTHICATED AND SWORE TO IT WITHA NOTARIZED STATEMENT TO SHOW THAT THEY WILL DO ANYTHING TO LIE CHEAT AND STEAL AND SINCE I DO HAVE A LETTER IN THHE SECURIITIZED TRUST STATING WHEN THE LOAN WAS TRANSFERRED BY GREENPOINT TO GMAC FROM THE SEC PASS THROUGH STOCK FROM SEC.GOV IT SHOWS THEY ARE LIARS EACH AND EVERY ONE OF THEM TO STEAL YOUR HOME. SINCE IT WAS NOT INLY DAVID STERN PREPARING THE ASSIGNMENT JEFFREY STEPHAN SIGNED IT AS A VP OF MERS.
    THE ASSIGNMENT WAS DATED DEC.2 OF 2009 AND “EFFECTIVE
    ON THE 12 DAY OF DECEMBER 2008 20 DAYS BEFORE THE FORECLOSURE COMPLAINT AND THEN THE NOTARY EXPIRED IN OCT 19,2013 WHICH ONLY RUNS 4 YEARS FOR EACH COMMISION WHICH MEANS THE THE NOTARY LICENSE DID NOT EXIST FOR A PERIOD OF OVER 10 MONTHS THERE IS THE SCAM THAT GOES ON EVERY DAY GO TO (www.ohiomortgagereview.com/History.html)
    to see the fas 140 and how it all ties together. did you just have an aha moment
    ps still fighting there is no statute of limitation on FRAUD
    KNOW HOW TO FIGHT BACK DONT STOP PLEASE PASS THIS ON IF YOU FEEL IT GAVE SOME INSIGHT .

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  14. James Smith, on August 8, 2014 at 1:02 pm said:

    Who is Authorized to change the trustee in a securitized loan. US Bank National Association was the Trustee before we went into the Bankruptcy Process. Once the Bankruptcy proceedings started, Wells Fargo’s (Servicer)’s Attorneys created documents to appoint individuals within thier lawfirm as trustees. Im no attorney, but something just does not seem right about that. James 443 677 2799 jsmith5915@msn.com

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  17. michael e. malchow, on October 2, 2013 at 7:10 pm said:

    I have a situation where my brother stole the deed hired an attorney who commited perjury by making up a false person in writing in her declarations and her pleadings signed under perjury and also servered papers to this person on my behalf on an financial elderly abuse case stating that this person lived at my home 1yr rent free at the detriment of the other benificiaries my 3 older siblings,and got a rule from a judge making me post me post bond of 85.000 which lead to my being evicted from my home that I have a life estate and have lived in for 32yrs making me homeless and they have also keep my inheritance stocks ,dividends,life estate.and this person doesnot exisit , upon stealing my fathers trust he reappointed himself sole successor truste and had this attorney put his name on the deed before we even went to court,my quest. isi am now filing to stop my brother from selling the home in which today they have a pending buyer on the grounds of intrinsic and extrinsic fraud on them both the attorney at the beginning before trial pushed a settlement agreement on me that I did not agree to nor did I sign it yet she was the only one who was in discussion with me on the purchasing of the home my brothers an sister were not there ,anly ways she got the judge to enforce this settlement that she made up which included my life estate evicting me taking everything I have and leaving me w/ 6000 dollars and go be homeless which I have been since 2 wks before Christmas and I have been fight this pro per. so I am going to go in exparte an show that this attorney has commited intrinsic and extrinsic fraud on the courts,to boot I am a disabled dependent adult.that this attorney has been allowed to do this to me. can this be an answer to this problem.;;;;note;i have all the bank documentation and the stock firm documents with dates an signatures of his concealing conversion of safety deposit box taking out of trust and putting it in his name only.as to take complete financial control of trust,and I have his sworn deposition of him admitting to him going to the bank early stealing all assets and him going to a attorney to see how to invalidate the amendments that he knew my father made demoting him as sole successor truste,thus allowing him to do what ever he wants,my father had notarized 2 times and hand delivered w hand written notes that he was notified 1yr before my father passed away,its allin written confessions between him an rthe attorney who wrote up the trust,i have all this evidence to support these actions they have done so as they could steal the home and sell it. can you help in any way since I am pro per ,I would be a gods gift if someone could atleast stand by and give some constructive advice in a world that I am not familiar in,but I have been goning to law library and purchased law books as to hewlp me in all my court poroceedings anyways thank you for atleast reading my life changing and place where I once lived that want to go back to because it were I belong and know one has the right to take someone and deprive them of their home,my siblings are older and have never livedin this home with my parents and like they have told me DADS DEAD AND IT DOESNT MATTER WHAT HE WANTED

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  19. Mr Bonn, on June 22, 2013 at 6:13 am said:

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  20. Jang, on May 14, 2013 at 12:08 am said:

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  38. cvdv, on May 10, 2012 at 10:13 am said:

    T o whom it may concern …B of A has acknowledged fault , cut the check and excepted the blame for the emotional anguish I have suffered .. any normal sane person can see there is a legal case of action that needs to be satisfied for me. I’ve done all the leg work for any attorney to get this situation resended. Now that the property has been resended B of A is trying to strong arm me into a settlement / hold harmless agreement to protect their interest and reputation and bar my right to sue them for damages in a house that is 300k underwater. I bought my home in 2007 at 501K and after all the delays from the first and now second botched modification and stalled or lost docs they have escalated my mortgage balance up to $671,000. I’m currently in a third modification for a principle reduction which was started Jan 2012. I am a homeowner that went through a modification back in 2010, my home is current with a rate reduction but after 8 months into my modification I received a HOA letter for a trust deed sale on my property for back HOA fees of $7,000. I contacted bank of america in panic to find out the status. The last 8 months the HOA and their attroneys were moving forward with this sell without legal notices to me.

    While bank of america assured me that this would be taken care of and that I had no worries and working on this issue with HOA … I was told after I contacted Senator Harry Reid’s office to come and tell my story and be a part the B of A workshop for relief an bring all documents and or leins on property including the hoa info. I believed all leins would be included as promised at time of application. So for the first time in a 28 months locked in a battle to get this modification I believed all was satisfied with title and I could finally live in my home without the stress of losing my house to a trust deed sell and a much lower affordable payment.

    I purchased my home in 2007 for $534,000 through a Country Wide with a rate that was baited at 5.75 then switched to 10.875 at closing an no options to cancel without fear of loosing all down payments and structural options on the home that was non refundable at about $60,000 if I walked away from the original builder. … now the property is under water about $200.000.

    All I’ve tried to do is be responsible financially an keeping my mortgage current to stay in this home. I know with the current market conditions I will never recover a profit and with all the delays. mistakes by B of A has put me and my family in financial hardship. They have lost multiple docs and made several mistakes an mis deeds and empty promises to delay the process and run up the tab on past payments against it’s home owners.. With all that I have suffered an endured through with my efforts I’ve now received a notice from a trust company as of 10 am Feb 9, 2012 that my property was sold at auction. The $7.000 HOA lein without any legal notices to me that this action was going forward from B of A or the Association. A notice of 3 days to vacate from date of notice was posted on my door.

    After multiple calls to B of A, Harry Reid’s office, Consumer counseling, The State Attorney’s mortgage fraud prevention an Darcy Spears at contact 13 news regarding my situation and used my financial resources to seek counsel to stay in my home over that weekend. B of A finally responded the following Tues after they received notice from Darcy Spears to air my story against B of A. After 3 months of B of A negotiating with the investor they have now bought back my home from the 3rd party purchaser as of April 2012 and waiting for the deed to be recorded. Although I’ve never received any written conformation of their action and only phone calls and voice mails from their lead counsel and only spoken once to Bank of America’s corporate secretary to the CEO to investigate and resend this issue.

    B of A has now sent me an accelerated mortgage letter for the missed payment plus HOA fees that has been added to my account and must be paid by May 1st. I’m now afraid I will backhandedly loose my home over this notice and not sure why HOA fees have been added when they were already paid to the 3rd party purchaser to resend the sale after B of A repurchased my home for 12,0000 .Nothing adds up and again why are there added fees to my statement an more hardship.

    I attended the home owners workshop Sponsored by the Senator Feb 11th 2012 and believed I could get some help and answers from my lender to resend this sell and keep me in my home considering that I have done all that has been asked of me by my lender and have been current with my new modification and making all payments as agreed.. Having been put in financial hardship due to the lack Of B of A failing to act regarding the HOA issue I I’ve paid my mortgage payment to stay current in my current modification. I was solely seeking this new modification for a simple principle reduction because I’m a home owner greatly under water and needed the additional help in bringing down my current payment. I have been aware for over a year that B of A recently lost a class action lawsuit settlement that mandate them to help homeowners who are current with a principle reduction. B of A as of April 27th finally purchased back my home an now requesting that I sign a settlement agreement that clears them from all liability,emotional duress or financial hardship and complete confidentiality before they will quick claim title back into my name. Contact 13 news has aired my story as of last night at 11pm May 7th 2012 … and can be found on You Tube under HOA vs BOA mortgage meltdown to validate what I’ve stated above in this letter. Please help those who have tried to fight for themselves.

  39. ladym, on April 2, 2012 at 2:01 pm said:

    I was told wells fargo would work with me. My husband got his first paycheck (in a state job) on a Friday after he was let go from his job of 21yrs they said it would be fine but they forgot Monday was a holiday. When I contacted them the next Wed to make sure they got the fax, the lady said it hasn’t even been scanned in yet as Monday was a holiday but your house was sold this morning. So my paperwork was due there Tue & I sent it Friday night but they still took my home & my sons childhood. That’s Wells Fargo!

  40. Anh, on March 25, 2012 at 10:12 am said:

    Discovery in a Foreclosure Case

    Posted on March 23rd, 2012 by Mark Stopa
    http://www.stayinmyhome.com/blog/2012/03/discovery-in-a-foreclosure-case/

    Many people who don’t work in the legal field and/or are unfamiliar with normal court procedures are surprised to see how a lawsuit actually works. It’s not like you see on TV, where a dispute arises and the parties are immediately thrust into a trial. In real life, all litigants have the right to obtain discovery from the other side. This means, in non-lawyer terms, that both sides have the right to require his/her opponent, prior to trial, to provide documents pertinent to the case, to answer interrogatories, and submit to depositions. It’s not like the old TV shows like Matlock, where a cunning lawyer could bring in a surprise witness during trial, win the case, and leave his opponent scratching his head, wondering what happened. Both sides have to disclose their witnesses, indicate what those witnesses are going to testify, and provide pertinent documents, usually long before trial ever begins. The process of obtaining documents from your opponent in a court case, identifying witnesses, and learning what those witnesses will testify is called discovery.

    Florida law, like that in most states, has broad discovery rules. Not only must all parties disclose anything relevant to that case, but anything “likely to lead to the discovery of admissible evidence” should also be provided. These broad discovery rules ensure both sides can litigate fairly, preventing a ”trial by sagotage.” In some ways, trials in real life ares like a game of cards, except the participants all have their cards laid on the table, face up.

    With this backdrop in place, the interesting question becomes – Do the same rules apply in foreclosure cases? Do homeowners get the same, broad rights to discovery (that every other litigant in every other case enjoys)?

    According to the letter of the law, there is no reason to provide homeowners fewer rights in the discovery process than any other litigant. Foreclosure cases are litigated in court (in Florida, anyway), so if homeowners want to ask banks to produce documents, identify witnesses, ascertain what those witnesses will say, answer interrogatories, or submit to depositions, homeowners are perfectly entitled to do so.

    In reality, though, it often doesn’t work this way. Banks and their lawyers hate providing discovery in foreclosure cases. They avoid it like the plague. Unfortunately, I’ve witnessed this dynamic many times in foreclosure cases, when bank lawyers respond to my discovery by saying:

    You don’t need no stinkin’ discovery, Stopa. I have the original Note, with an endorsement, and that’s all that matters.

    Perhaps I’m exaggerating a little, but not much. In my experience, it’s quite common for banks to respond to my discovery requests by saying “we have the Note, we have the mortgage, here is a life of loan history, and a corporate representative will testify at trial. That’s all we’re giving you.”

    Obviously, I very much disagree with the banks’ approach in this regard, as I think my clients’ discovery rights are much broader than this. To illustrate, take another look at one of my favorite cases, McLean v. J.P. Morgan Chase Bank, N.A., 37 Fla. L. Weekly D 334 (Fla. 4th DCA 2012). In that case, the Fourth District reversed a summary judgment in favor of a bank because the bank did not prove it had standing at the inception of the case. As the court explained in detail, if a bank is relying on an endorsement to convey standing, it has to prove the endorsement was entered prior to the lawsuit being filed.

    If you’ve ever looked at an endorsement on a Note in a mortgage foreclosure case, you know that such endorsements are virtually never dated. It’s just a signature on a piece of paper – no date. As such, it’s essentially impossible for anyone – a homeowner, a judge, or the lawyers for either side – to know when that endorsement was executed. So how is anyone supposed to know whether that endorsement was entered before the lawsuit was filed? In my view, that is a classic example of the type of thing a homeowner can inquire about in discovery. Send the bank an interrogatory and ask when that endorsement was entered. Better yet, send the bank an interrogatory like this:

    Interrogatory: The Note you filed in this case on March 23, 2012 contains an endorsement by Mickey Mouse, as Assistant Secretary of Wells Fargo Bank, N.A. Please specify the date of this endorsement as well as the name, address, telephone number, job title, and job description of Mr. Mouse, to include his relationship with Wells Fargo Bank, N.A. on the date of the endorsement.

    Of course, this is just one example of the many facts about which homeowners can inquire during the discovery process of a foreclosure case. To illustrate, I had a hearing this week that played out exactly like I described above. I served a Request for Production and First Set of Interrogatories on a bank in a foreclosure case. The bank’s lawyers responded with objections to nearly every request, refusing to disclose much of anything. So I filed a Motion to Compel compliance with these discovery requests. At the hearing, the judge granted that motion, compelling sufficient answers to 17 interrogatories (similar to the one above, but on a broad range of topics, to include forcing the bank to identify all of its witnesses and to provide information about any insurance payments on the subject note/mortgage). In fact, the judge agreed with every one of my requests except for one, finding this interrogatory to be irrelevant:

    Interrogatory: Have you ever received any bailout money of any kind from the United States government, either pursuant to TARP or otherwise? If so, please identify the amount of money you received and how and when the money was spent/used/allocated. In your answer, please be sure to disclose the extent to which any such funds were used to provide loans of homeowners in Volusia County, Florida.

    My argument for requiring the bank to answer this interrogatory went something like this … Mortgage foreclosure cases are proceedings in equity. A claim for a deficiency is a claim sounding in equity. There is nothing equitable about a bank taking billions of dollars in taxpayer bailout money, including from my clients, which money was intended to avoid foreclosures and provide loan modifications, but for those banks to refuse such modifications. Worse yet, there is nothing equitable about banks getting this bailout, flooding the real estate market with foreclosed properties, driving down property values because of those foreclosures, and then recoup 100% of its alleged deficiency, which it created, despite having been bailed out.

    Unfortunately, despite agreeing with me on everything else, the judge did not require an answer to that interrogatory, strongly suggesting (without saying) that he did not agree with the premise of my argument. Respectfully, that’s terribly disappointing. Do you seriously mean to tell me that a bank should get to collect billions in bailout money, not use that money for loan modifications, create a flood of foreclosures in the real estate market, cause prices to drop, create a deficiency, foreclose, collect 100% of the deficiency, and that a homeowner can’t argue “wait, you shouldn’t be able to do this?”

    Even if you don’t agree with that argument, I certainly think I should at least be able to argue it. To present evidence to support it (under Florida’s broad discovery rules).

    I hope everyone reading this will think long and hard about that issue. Think about the broad discovery rules. Think about how mortgage foreclosure cases are proceedings in equity. Is it really that unreasonable for homeowners to ask, in the face of a lawsuit for foreclosure and a deficiency, “where did all the TARP money go?”

    More importantly, if you’re a Florida homeowner, make sure you realize the rights you enjoy during the discovery process. I didn’t win on that interrogatory, but I won on 17 others, and I assure you – forcing the banks to answer such questions will only help as you fight your foreclosure.
    Mark Stopa Esq.

    http://www.stayinmyhome.com

  41. barrycovina@yahoo.com, on March 22, 2012 at 7:52 pm said:

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  42. ABBY IN CA, on March 8, 2012 at 12:16 pm said:

    some good news for homeowner Lori who filed an appeal in Seventh Circuit against Wells Fargo—see Order, Opinion and Briefs here

    http://www.scribd.com/doc/84525682/REVERSED-ON-SOME-COUNTS-AND-REMANDED-WIGOOD-V-WELLS-FARGO-HAMP-LOAN-MOD-DENIED-TO-HOMEOWNER-SEVENTH-CIRCUIT-COURT-OF-APPEALS-OPINION

  43. ABBY IN CA, on March 8, 2012 at 11:49 am said:

    some good news for Lori Wigood, a homeowner who appealed in the seventh circuit against Wells Fargo. See Order, Opinion and Appeal Briefs here. March 2012

    http://www.scribd.com/doc/84525682/REVERSED-ON-SOME-COUNTS-AND-REMANDED-WIGOOD-V-WELLS-FARGO-HAMP-LOAN-MOD-DENIED-TO-HOMEOWNER-SEVENTH-CIRCUIT-COURT-OF-APPEALS-OPINION

  44. Gary, on February 28, 2012 at 4:25 pm said:

    Can anyone tell me what is ” Form 603A” in terms of Lehman Brother’s Bank Mortgage Purchase Suspense Notice”. I found a document in my QWR response Titled:

    Purchase Suspense:
    Underwriting Condition, Additional Requirement; Provide a letter of permission to removed the prepayment addendum. Per Form 603A
    PrePays are not allowed in the State Georgia of GA., if owner occupied and <$333,700.00.

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  45. Anh, on February 26, 2012 at 9:05 pm said:

    FORECLOSURE CASE KILLERS

    http://mattweidnerlaw.com/blog/2010/02/foreclosure-case-killer-the-subpoena-duces-tecum/

    http://mattweidnerlaw.com/blog/2011/06/foreclosure-case-killer-another-huge-default-letter-case/

    http://mattweidnerlaw.com/blog/2011/06/foreclosure-case-killerkonsulian-the-default-letter/

    http://mattweidnerlaw.com/blog/2011/05/foreclosure-case-killer-more-absurdity-affidavits-of-attorney-fees/
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    http://www.scribd.com/doc/56527162/Capacity-Cases-Compendium-Matt-Weidner-Esq

    http://mattweidnerlaw.com/blog/2010/03/foreclosure-case-killer-an-allonge-is-not-admissable-evidence-of-banks-ownership/

    http://www.scribd.com/doc/42407994/3rd-DCA-Sept-22-Sanchez-v-La-Salle-Trial-court-erred-in-striking-mortgagor%E2%80%99s-affirmative-defenses

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    http://www.scribd.com/my_document_collections

    Dillon Graham Esq. 305-445-9185, email dillon@grahamlegal.com is one of the best South FL foreclosure defense lawyer. He attended April Charney and Max Gardner seminar. Fee is reasonable, first consultation is free.

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  48. Abby in CA, on February 6, 2012 at 10:16 pm said:

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  51. j barnes ., on February 3, 2012 at 3:13 am said:

    Love the blogs here . So if wellsfargo bank and deutsche bank has a trust contract on a benificary owner of the company that is sealed for 12 years , I no the trust contractor loved that , cause the contract cannot be taken back wants it become irrovocable ! But but the united states trust laws , that any court judge like probate court judge other ones to see the trust contractor are a breach and need that thing revoked they may do so . I say the courts need to revoke that thing and call foward the (owner)aka the benificary of the contract asap . Anybody agree with me on this ? To me 12 years of a sealed trust contract or 14 years of it is way to long anyway 10 years is good . Their a lot of laws of the usa , that need to change asap . Some of the problem we having these days are easy to get rite . A vote can change all of this stuff .! Votes are the change to everything . Why not set taxes on everybody at the same rate . And people trying to make people more poor than they already are u don’t need a job in a hi place no where . People in hi place of a job , need to be a person that cares about a human being and his living well being while he’s living on earth . History repeating its self on jpmorgan , its always the trustee with those 12 years and 14 year contract doing fraud on the public with those banks , and the law maker giving them the laws to go foward on it too .somebody ask why are those trustee their ! And they said because the old owner was deceased and the child was to young to take over .

  52. Chris Seymour, on February 2, 2012 at 3:52 pm said:

    Find a BK lawyer that will take payments and file Chapt 7 or 13 depending on how much unsecured debt you have. You’ll get an auto stay from the Trustee Sale and have time to discredit the assignment.

  53. albert, on February 2, 2012 at 3:41 pm said:

    PLEASE ADVISE .i hired * Advocate Law Groups of Florida P,A *

    they just took the money and only called the servicer to negotiate a ” modification ” thing i already did 4 OR 6 TIMES!! with no success .. they wasted the time to appeal the case , and this corrupt judge just closed the case allowing the bank to foreclosure my property , i bought for 96 k , now is under 23 k!! and they denied also the short sale ( i don’t want to sell) .

    they want me to pay more for bankruptcy thing, but i wasted all my money and resources paying them in ADVANCE and every month AS THEY REQUESTED TO start working and DO SOMETHING…

    im trapped , knowing i have robo signed by SHARON BOOKOUT documents signed for MIDFIRST, MIDLAND MORTGAGE “BANK”, i , have a lot of investigation with the robo signer officer ( working the same time in different companies ) i did all the investigation and gave the docs to them….

    now property will be sold on February /14 /2012 . and this people did not work in my case ,

    one of this guys ( never talked with a real lawyer just assistant, they never allowed me talk with the lawyer ) told me is nothing to do to avoid the sale just bankruptcy,to give 1 month more

    WHAT CAN I DO???
    URGENT please

    THANK YOU

  54. Abby in CA, on January 31, 2012 at 10:30 am said:

    DO NOT LET WASHINGTON DC TAKE YOUR CONSTITUTIONAL RIGHTS AWAY- USE THIS WORD TEMPLATE TO PRESERVE YOUR RIGHTS TO FIGHT ROBO-SIGNING AND DEFEND YOUR PROPERTY IN FORECLOSURE ACTIONS

    http://www.scribd.com/doc/79983969/FORECLOSURE-VICTIMS-CALL-TO-ACTI…

    FEEL FREE TO MODIFY THE TEMPLATE. IT ALSO LISTS KEY FAX NUMBERS FOR WASHINGTON DC CONGRESSIONAL COMMITTEES

    YOU MAY NEED TO REVISE AND ADD YOUR US CONGRESSMAN AND REPS

    YOU CAN USE RINGCENTRAL FOR FAX SERVICES $9.99 PER MONTH, NO CONTRACT. YOU SET UP FAX NUMBERS ONCE AND THEN USE OVER AND OVER AGAIN

  55. Abby in CA, on January 28, 2012 at 12:38 pm said:

    Bloomberg
    Proposed Mortgage Deal Said to Be Limited to Foreclosures

    Lorraine Woellert, ©2012 Bloomberg News

    Saturday, January 28, 2012

    (Updates with exclusions starting in third paragraph.)

    Jan. 27 (Bloomberg) — A proposed multistate settlement to resolve probes of flawed foreclosure practices won’t release banks from criminal liability, according to a person briefed on the talks.

    Any final agreement will be narrowly focused to release banks from claims related only to documentation errors and other so-called robo-signing conduct, said the person, who declined to be identified because the talks are ongoing.

    U.S. regulators including the Federal Deposit Insurance Corp., Federal Reserve, Securities and Exchange Commission, Consumer Financial Protection Bureau and Department of Housing and Urban Development would be free to pursue cases related to securities fraud, loan origination and other practices, the person said.

    Banks wouldn’t be released from tax or fair-lending claims. They also wouldn’t be freed from liability related to Merscorp Inc., a registry for real estate deeds and liens that acts as a proxy for banks that pool and sell mortgages.

    Claims by state pension funds, including those related to their purchases of mortgage-backed securities, also wouldn’t be affected by a final settlement, the person said.

    Streamline Investigations

    In a separate announcement today, U.S. Attorney General Eric Holder said a new multiagency mortgage unit will help streamline investigations into mortgage-backed securities and the subprime lending collapse.

    Federal regulators and attorneys general from all 50 states have been investigating foreclosure practices for more than a year after the discovery that banks, faced with a flood of loan defaults, used flawed documents in seizing homes.

    Attorneys general disagree over the scope of a final accord, which could be worth $25 billion in aid to homeowners if all states join in. Yesterday, California Attorney General Kamala Harris called the latest proposal “inadequate.”

    Banks have used the robo-signing talks to push for a broader release of liability, including protection from claims related to the sale of mortgage-backed securities to investors including pension funds.

    Under the draft agreement still being negotiated, banks would get credit for helping borrowers refinance into less- expensive loans and forgiving mortgage debt on homes that have fallen in value. Banks also would agree to improve their foreclosure practices.

    Iowa Attorney General Tom Miller said in October that the settlement, under negotiation for since April, wouldn’t prevent state and local officials from pursuing other claims, including those related to packaging mortgages securities.

    Harris and others, including New York Attorney General Eric Schneiderman, are conducting their own investigations into bank practices related to mortgage lending and securitization.

    The nation’s largest mortgage lenders and servicers, including Bank of America Corp., JPMorgan Chase & Co., Citigroup Inc., Wells Fargo & Co. and Ally Financial Inc., are participating in the negotiations.

    –With assistance from David McLaughlin in New York. Editors: Gregory Mott, Maura Reynolds

    To contact the reporter on this story: Lorraine Woellert in Washington at lwoellert@bloomberg.net

    To contact the editor responsible for this story: Maura Reynolds at mreynolds34@bloomberg.net

    Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/g/a/2012/01/27/bloomberg_articlesLYGVL007SXKX01-LYH04.DTL#ixzz1kmcoPQRl

  56. Abby in CA, on January 27, 2012 at 3:27 pm said:

    STEPS ON HOW TO WRITE COMPLAINT AND ASK FOR INVESTIGATION INTO YOUR MORTGAGE LOAN ORIGINATION AND SECURITIZATION FRAUD FORECLOSURE ISSUES.- NEW INVESTIGATIVE TASK FORCE!!

    http://www.scribd.com/doc/79626467/TAKE-ACTION-NOW-How-to-Get-Your-Loan-Origination-Fraud-Securitization-Issues-Related-to-Your-Foreclosure-to-the-New-Fraud-Task-Force

    ESPECIALLY IMPORTANT TO NEW CENTURY MORTGAGE AND HOME123 CORPORATION VICTIMS. ALSO WAMU, COUNTRYWIDE ETC.

    EVEN IF YOUR ORIGINAL ‘LENDER’ IS DEFUNCT—-DO IT

  57. Make It Happen, on January 21, 2012 at 10:36 pm said:

    “WAKE UP PEOPLE, the devil is seriously at the door….it you look through the peep hole, you can see his horns. In yet more proof that the banksters own both the ReThUGlicans and Democrats it is rumored that in 48 hours, the deal with the devil will be inked in blood….” ~Matt Weidner

    http://pol.moveon.org/bankfraud/?r_by=34957-4766004-%3DicjqQx&rc=bankfraud.confemail.g1

  58. Abby in CA, on January 20, 2012 at 5:30 pm said:

    Esq. Cox’s memo for UCL Study Committee

    http://www.scribd.com/doc/78907967/ESQ-Thomas-a-Cox-s-Memo-for-ULC-Study-Committee

  59. besik, on January 13, 2012 at 4:52 pm said:

    Sir,

    I can deliver leased instruments to Organisations or individuals with their preferred text verbiage as been approved by their bankers. We also offer sales option to interested buyers. Our terms and procedures are so flexible and workable by RWA clients. Our lease rate is (5.5+0.5)%+x%. X% IS Lessee broker’s Commission and he determines his commission. Also we have facilities to discount BG and Put you into PPP Trading.

    Contact me through this email:(financialdraft55@gmail.com,) or through
    skype: (besik.katsitadze) in other to furnish you with other information.

  60. Chapter 7 Bankruptcy, on January 12, 2012 at 2:48 am said:

    Terrific work! This is the kind of information that are meant to be shared across the internet. Disgrace on Google for now not positioning this publish upper! Come on over and seek advice from my website . Thanks =)

  61. Abby in CA, on January 5, 2012 at 4:33 am said:

    IF YOU HAD ANY OF THESE NOTARIES ON YOUR ASSIGNMENTS—TAKE ACTION

    http://www.scribd.com/doc/77218523/If-You-Had-Any-of-These-Notaries-on-Your-Documents

  62. Abby in CA, on January 5, 2012 at 3:38 am said:

    OCCUPY THE ROSE PARADE PHOTOS HERE–ORDERLY-JAN 2012
    IN PASADENA, CALIFORNIA

    http://www.scribd.com/doc/77215946/OCCUPY-THE-ROSE-PARADE-PHOTOS-HERE-ORDERLY-MARCH-JAN-2012

  63. Ron Houchins, on December 30, 2011 at 10:27 am said:

    Help is available for homeowners to fight foreclosure and to sue for fraud and wrongful foreclosure willing to represent themselves with our assistance. Call me at (706) 416-8333 for a free, confidential, no obligation review of your paperwork. Ron Houchins, Pres. Homeowner’s Education & Defense Coalition, Inc., a non-profit organization.

  64. Abby in CA, on December 28, 2011 at 8:19 pm said:

    FINANCIAL FRAUD ENFORCEMENT TASK FORCE (USDOJ-ERIC HOLDER)

    EASY ONLINE REPORTING!! GO HERE CLICK ON THE GREEN BUTTON ‘REPORT FRAUD’

    http://www.stopfraud.gov/

  65. Nathan, on December 28, 2011 at 2:46 pm said:

    I am looking for an attorney in Asheville, NC (or buncombe county, NC) that gets it. Unfortunately, most do not or if they do, they try to overcharge their customers once they learn from sites like this. Does anyone know of a good attorney with ethics to the customer?

  66. Abby in CA, on December 28, 2011 at 11:34 am said:

    Abby in CA, on December 28, 2011 at 11:32 am said:

    NEW CENTURY MORTGAGE AND HOME123 CORPORATION VICTIMS OF PREDATORY LOANS. UPDATE. THEY ARE STILL IN BANKRUPTCY IN DELAWARE WITH $30 MILLION IN CASH.

    MORE AND MORE HOMEOWNER/BORROWERS WHO HAD PREDATORY LOANS ORIGINATED BY THESE COMPANIES ARE FILING CLAIMS AND ADVERSARY PROCEEDINGS UP IN THEIR BANKRUPTCY. THE JUDGE AND THE BKR TRUSTEE HAVE STATED REPEATEDLY THAT THEY ARE AFRAID OF THE ‘FLOODGATES’ OPENING WITH HOMEOWNER/BORROWER FILING LAWSUITS WITHIN THE BANKRUPTCY (AND CLAIMS). THE BKR TRUSTEE, THROUGH HIS ATTORNEYS WHO GET BETWEEN 100k-300k PER MONTH TO REPRESENT HIM, HAS INDICATED HE INTENDS TO HAVE THE BKR COMPLETE IN 2012.

    NO HOMEOWNER/BORROWERS WERE EVER NOTIFIED OF THEIR DECLARING BANKRUPTCY ON 4-2-2007 AND MANY ARE JUST NOW LEARNING THIS. CONSULT AN ATTORNEY TO DETERMINE IF YOU CAN FILE A CLAIM AND/OR LAWSUIT UP THERE.

    HERE, THE JUDGE UP IN DELAWARE HAS AGAIN ISSUED A STAY ON A PRO SE HOMEOWNER/BORROWER’S ADVERSARY PROCEEDING. SHE IS NOT EVEN ALLOWED TO DO DISCOVERY. THAT JUDGE DID THE SAME THING TO ANOTHER PRO SE HOMEOWNER/BORROWER.

    (NOTE TO WAMU PEOPLE–YOU MAY BE ABLE TO DO SAME, SO CONSULT AN ATTORNEY TO SEE IF YOU CAN FILE CLAIM AND/OR LAWSUIT)

    http://www.scribd.com/doc/76666231/12-2011-NEW-CENTURY-MORTGAGE-BANKRUPTCY-JUDGE-DOES-IT-AGAIN-STAYS-A-SECOND-PRO-SE-s-ADVERSARY-PROCEEDING-PREVENTS-DISCOVERY

  67. Sondra, on December 28, 2011 at 9:57 am said:

    I cannot find an attorney in Michigan that gets it….very frustrating.
    Are the attorneys afraid to fight the banks or what? I have called a few people claiming to help, but they wanted me to pay them a third of what my house was worth or basically they are just scam artist trying to steal your house just like the banks. Something tells me Im going to have to fight my foreclosure alone 🙁

  68. Ann, on December 22, 2011 at 12:31 am said:

    Legal Services of New Jersey—A Self-Help Guide to Saving Your Home –

    http://www.lsnjlaw.org/english/placeilive/iownmyhome/foreclosure/foreclosureguide/

  69. Abby in CA, on December 15, 2011 at 12:05 pm said:

    Max’s tips on how to spot mortgage fraud documents

    http://www.scribd.com/doc/75799016/Max-Gardner-s-65-Tips-FOR-FAKE-MORTGAGE-DOCUMENTS

  70. Fred Flinstone, on December 12, 2011 at 7:03 pm said:

    AGENDA FOR COURT IN DELAWARE – MORE PRO SE HOMEOWNERS ARE FIGHTING THE NOTORIOUS SUBPRIME LENDER

    http://www.scribd.com/doc/75515999/NEW-CENTURY-LIQUIDATING-TRUST-AGENDA-FOR-DEC-13-2011

  71. mortgage jobs, on December 10, 2011 at 7:38 pm said:

    Normally I do not learn article on blogs, however I wish to say that this write-up very compelled me to check out and do so! Your writing taste has been amazed me. Thanks, very great post.

  72. Fred Flinstone, on December 5, 2011 at 11:59 am said:

    Linda
    you can go after WAMU in their bankruptcy case in Delaware.

    see a lawyer

    NOTE: many pro se’s are fighting New Century Mortgage and its subsidiary Home123 Corp up in their Delaware bankruptcy case. The fraud started at origination of loan. Several have gotten cash settlements of over 60K.

  73. Abby in Ca, on December 5, 2011 at 11:56 am said:

    MORE OUTRAGE- IT’S THE PRINCIPAL OF THE THING!!

    So, the US Government bailed out the banks to the tune of trillions, yet our US Postal Service tracing its roots to 1775 and one of the few US Government agencies explicitly authorized by the US constitution is waffling with debt and budget problems to the point now where US Post Offices are going to be closed and just announced is that the US Postal Service will NO longer deliver first class mail on the next day.

    I strongly suggest you email President Obama -here is the place to go to do that:

    http://www.whitehouse.gov/contact

    AND contact your local Congressmen to complain.

    Think about how outrageous this is!! Bailing out banks (profiteers tied to the stock market) but NOT our own United States Postal Service.

    Please express your outrage.

  74. Dobrovolskiy prokopiy, on December 2, 2011 at 3:26 pm said:

    I can deliver leased instruments to Organisations or individuals with their preferred text verbiage as been approved by their bankers. We also proffer sales option to interested buyers. Our terms and procedures are so flexible and workable by RWA clients. Our lease rate is (5.5+0.5)%+x%. X% IS Lessee broker’s Commission and he determines his commission. Also we have facilities to discount BG and Put you into PPP Trading.

    Contact me through this email:(broker.prokopiy@gmail.com,broker.prokopiy01@gmail.com) or through
    skype: (Dobrovolskiy.prokopiy) in other to furnish you with other information.

  75. LINDA, on December 1, 2011 at 7:39 pm said:

    Iam still not over wasington mutual steeling our home in 2004.my children and I had one real home.everything I had and dreamed of giving to my family one day was taken by these criminals. how they sleep at nite knowing they got there by putting good familes on the street without there home and roof over there childrens head, is a sin and lord I pray for real justice one day, mom in phx family missing there home on behrend dr
    AND ITS FUNNY WHEN I LOOK UP OUR CASE ONLINE, OUR CASE NUMBER HAS OTHERS WITH THAT CASE NUMBER. AND I KNOW A CASE NUMBER IS LIKE AN ID. YOU WOULDNT KNOW WHY OUR AZ SUPERIOR COURT CASE {IN MARICOPA COUNTY} WOULD BE COMMING UP UNDER SOMEONE ELSES DOCS WOULD YOU? AND WHY THE JUDGE WE HAD WHO WAS Armstrong is not who is listed on our files….it has a woman judges name??? we did not have a woman judge, we had 4 heraings and there was no female judge????what is that

  76. change the laws fast, on November 30, 2011 at 10:41 pm said:

    All the banks been run off a trustee with legal rights as a trustee under a nolo trust , for the banks , so that means they can do what ever they want and get away with it , which , they should let, u, no tho , they are a trust contractor , why are they hideing it , when all the stuff u do in the dark a come to light anyway . , the best way to rob a world is to own a bank or be a trust for a bank . Most of the robbing is not a company owner but a trust or a contractor .

  77. change the laws fast, on November 30, 2011 at 10:29 pm said:

    Everything things has terms and conditions too it , everything when u dealing with money and land and trust and bank , and even a jail , when u go in a jail they hand u a rule hand book , but for a trustee , that has a legal right to a tittle but is not the owner , that don’t make sense , for him to have full power to not list anything to the owner , like what if the trustee never tell u own a house , and u pass away , he get too take that house cause he has legal tittle ! By law ! ,a trust don’t need to last 14 years , only 11 years at most , and a trustee need to let a benicary , no he is his trust and hand him the trust rule book , with its terms and conditions in it , why didn’t they give him all of that ? The guy name above ? Who making the laws here , that killer jason from that movie – friday the 13th ? ! And I mean they carring that stuff out like I’m all covered by the law , its bad when u can do anybody wrong and , and sit their and say , I’m all good cause the laws give me the clear port . They are clear to go with all kind of wrong doing . Who’s going to stop them ! A trustee are robbing a lot of people . With all of that power of attorney stuff like mers corp for a start .

  78. pat, on November 24, 2011 at 4:21 am said:

    Yes, look up the Veal case, in fact Wells Fargo can’t even come up with Proof Of Claim.
    See : 9001{a}

  79. federal home loan bank, on November 23, 2011 at 6:57 pm said:

    Hello there, I found your web site by the use of Google even as searching for a related matter, your site came up, it seems good. I have bookmarked to favourites|added to my bookmarks.

  80. Gregory, on November 23, 2011 at 1:20 pm said:

    Cramdowns

    Cramsdowns are only available in BK11

  81. Chris Seymour, on November 22, 2011 at 10:02 am said:

    Does anyone know of any AZ Chapt 13 BK cases where the trustee successfully negotiated a mortgage cram down / principal reduction with B of A. Please advise?

  82. konkurs,konkurs as,konkurs nuf,personlig konkurs,konkurs informasjon, on November 19, 2011 at 7:55 am said:

    Simply want to say your article is as amazing. The clarity on your publish is just great and that i could think you’re an expert on this subject. Fine along with your permission allow me to snatch your feed to stay up to date with forthcoming post. Thanks a million and please continue the gratifying work.

  83. Brad & Delight Ehman, on November 14, 2011 at 8:27 am said:

    we recently were approved for a loan modification by Chase, we made two payments on time and just received a bill for 14,000.00, they told me that all missed payments would be put on the end of the loan and not to worry? they seemed to have lied terriably, our family needs help? if anyone can help us here in Colorado? please let us know? thank you!

  84. Leah Dean, on November 12, 2011 at 1:54 pm said:

    Leah Dean – Houston TX Looking for an attorney who will work with me on a contingency basis. Promissory Note America’s Wholesale Lender, Servicer Bank of America, MERS as sole beneficiary to foreclose. Loan listed in PSA CWABS 2007-2. Home set for foreclosure on December 6, 2011. I have done massive research and I would like to seek to file quiet title on my home. Bank of America is the only one who responds to Certified Letters Return Receipt Requested. Bank of New York, MERS, America’s Wholesale Lender, Recontrust (who forecloses for Bank of America) will not respond Qualified Written Request to produce promissory note with assignments. I have printed copies where I found my loan number in a pool under CWABS 2007-2 under the Security Exchange Commission. Bank of America has put in writing that Bank of New York owns the note in a letter dated October 14, 2011 and Bank of America wrote in a letter dated August 11 2011 that Bank of America owns the note and Bank of America services the loan. Please contact me via email dean_leah@yahoo.com if there is an Attorney who will help me file a suite and work with me on a Contingency basis.

  85. PHILLIP BROOKS, on November 9, 2011 at 5:35 pm said:

    Forclosed on my rent house in 17 days. Mers acting soley for Southtrust Mtg. Corp./DBA Equibanc Mtg, as beneficiary…………” Am here in Houston,TX.

    Need an Attorney for the purpose of getting my property back.

  87. Abby in CA, on October 24, 2011 at 12:46 pm said:

    over 4000 claims in the new century bankruptcy in delaware-still an active bankruptcy

    http://www.scribd.com/doc/70131994/NEW-CENTURY-LIQUIDATING-TRUST-THE-CLAIMS-REGISTER-AS-OF-OCTOBER-2011

    some homeowners still have open claims. see an attorney right away if you were victims of new century mortgage or home123 corporation or any of their other subsidiaries, some internet such as AnyLoan Corporation and 1800anyloan.com.

    some homeowner-victims have received cash settlements

  88. ANN, on October 21, 2011 at 9:12 pm said:

    South Florida Foreclosure Defense Attorney who ‘Gets it”: Dillon Graham Esq. 305-445-9185
    Free initial consultation. Reasonable fees, payment plans available
    http://www.prlog.org/10871686-attorney-dillon-graham-named-as-florida-legal-elite.html

  89. ANN, on October 20, 2011 at 2:59 pm said:

    For research and educational purposes, I have collected a lots of info, Court rulings and legal pleadings/forms related to Foreclosure Defense at
    . http://www.scribd.com/my_document_collections

    Some more forms and info at http://www.foreclosureprose.com

    These are free sites. Hope it helps .

  90. Abby in CA, on September 28, 2011 at 1:03 am said:

    HOMEOWNERS ARE SITTING ON TICKING TIME BOMBS—

    http://www.scribd.com/doc/66642522/HOMEOWNERS-SITTING-ON-TICKING-TIME-BOMBS-VICTIM-HOMEOWNERS-BLAST-THE-NEW-CENTURY-LIQUIDATING-TRUST-WHICH-IS-ATTEMPTING-TO-DENY-THEY-ARE-CREDITORS-A

    NEW CENTURY MORTGAGE AND HOME123 CORPORATION ARE IN BANKRUPTCY SINCE APRIL 2, 2007. 3 FORMER PRO SE’S FINALLY FOUND AN ATTORNEY AND HE HAS FILED THIS RESPONSE TO THE NEW CENTURY LIQUIDATING TRUST’S OBJECTION TO LATE FILED PROOF OF CLAIM.

    THIS IS SUCH A LARGE BANKRUPTCY THAT THERE ARE OVER 10,00O DOCKET ENTRIES AND OVER 4000 CLAIMS.

    THE BANKRUPTCY TRUSTEE ALAN JACOBS RETAINED A LAW FIRM HAHN & HESSEN TO
    REPRESENT HIM IN THIS BANKRUPTCY.
    —THE HOMEOWNERS
    2 OTHER PRO SE’S WITHOUT AN LEGAL REPRESENTATION SETTLED FOR CASH IN 2010 IN AMOUNTS OVER 60K.

    2 OF THE ABOVE HOMEOWNER VICTIMS ARE IN MEDIATION WHICH WAS ORDERED BY THE JUDGE IN THE MATTER.

    THERE ARE NOW EVEN MORE HOMEOWNER VICTIMS FILING CLAIMS AGAINST THE NEW CENTURY LIQUIDATING TRUST.

    THIS FILING DISCUSSES THE ‘MISSAL REPORT’ WHICH SHOULD BE MANDATORY READING FOR ANY HOMEOWNER VICTIM.

  91. Dobrovolskiy prokopiy, on September 21, 2011 at 6:03 pm said:

    I can deliver leased instruments to Organisations or individuals with their preferred text verbiage as been approved by their bankers. We also proffer sales option to interested buyers. Our terms and procedures are so flexible and workable by RWA clients. Our lease rate is (5.5+0.5)%+x%. X% IS Lessee broker’s Commission and he determines his commission. Also we have facilities to discount BG and Put you into PPP Trading.

    Contact me through this email:(broker.prokopiy@gmail.com) or through
    skype: (Dobrovolskiy.prokopiy) in other to furnish you with other information.

  92. Abby in CA, on September 19, 2011 at 3:52 am said:

    ANATOMY OF BIG BANK TAKEOVER OF OUR GOVT:

    http://www.scribd.com/doc/65484260/ANATOMY-OF-BIG-BANK-TAKEOVER-OF-OUR-GOVERNMENT

  93. Abby in CA, on September 15, 2011 at 8:16 am said:

    SEPT. 15 2011
    NOTE TO WAMU BORROWER VICTIMS- CHECK WITH AN ATTORNEY AS YOU MAY BE ABLE TO FILE A PROOF OF CLAIM (B10) FORM AND AN ADVERSARY PROCEEDING (AP) IN THEIR BANKRUPTCY IF YOU BELIEVE THERE WAS FRAUD REGARDING THE ORIGINATION OF YOUR LOAN–OR OTHER TILA, RESPA ETC VIOLATIONS.

    EVEN THO THEY ARE IN BANKRUPTCY, YOU MAY BE ABLE TO RE-COUP SOME $$.

    AN ADVERSARY PROCEEDING IS A LAWSUIT WITHIN THEIR BANKRUPTCY.

    SO CHECK WITH YOUR ATTORNEY ASAP.

    SEVERAL VICTIM-HOMEOWNERS HAVE OBTAINED SETTLEMENTS FROM THE NEW CENTURY BANKRUPTCY TRUSTEE BETWEEN 60k-85k CASH.. SEVERAL OTHERS ARE IN MEDIATION & SETTLEMENT TALKS. NEW CENTURY MORTGAGE IS ALSO IN BANKRUPTCY IN DELAWARE.

    SO JUST BECAUSE YOUR MORTGAGE LOAN COMPANY IS IN BANKRUPTCY, DOES NOT MEAN YOU CANNOT SUE THEM.

    DISCLAIMER: I AM NOT AN ATTORNEY AND NOT OFFERING LEGAL ADVICE OR ANY SERVICES. CONSULT WITH A COMPETENT ATTORNEY.

  94. Abby in CA, on September 7, 2011 at 10:04 am said:

    VP OF CITIGROUP EMBEZZLES $22 MILLION AND GETS A SHORT SENTENCE–GUESS HE KEEPS THE MONEY??

    BANKSTERS TREATED SPECIAL!!

    http://www.scribd.com/doc/64172163/VP-OF-CITIGROUP-EMBEZZLES-22-MILLION-AND-GETS-A-SHORT-SENTENCE-GARY-FOSTER-READ-UNSEALED-COMPLAINT-HERE

  95. Ralph, on August 27, 2011 at 9:29 am said:

    Are there any MN Attorneys in the network, Desperately seeking Attorney who knows what they are doing call 612-366-6161

  96. alexey lapshin, on August 22, 2011 at 11:14 pm said:

    Dear Sir,

    I can deliver leased instruments to Organisations or individuals with their preferred text verbiage as been approved by their bankers. We also offer sales option to interested buyers. Our terms and procedures are so flexible and workable by RWA clients. Our lease rate is (5.5+0.5)%+x%. X% IS Lessee broker’s Commission and he determines his commission. Also we have facilities to discount BG and Put you into PPP Trading.

    Contact me through this email:(sussane.terry@gmail.com,draftinstruments@yahoo.com,bfstotalsolution@gmail.com) or through
    skype: (alexey.lapshin2) in other to furnish you with other information.

  97. Nancy Drewe, on August 22, 2011 at 11:59 am said:

    HOW WILL YOU FIND OUT WHO THE MORTGAGE NOTE OWNER IS? HOW WILL YOU FIND OUT WHO THE ‘TEMPOARY LENDER’ SOLD THE SERVICING RIGHTS TO COLLEC THE LOAN TOO?
    HOW WILL YOU KNOW THE PARTY WHO YOU ARE TRYING TO NEGOTIATE WITH IS THE PARTY WITH AUTHORITY? THE OWNER OF THE MORTGAGE NOTE? THAT OWNER IS ‘NOT’ RECORDED IN THE COUNTY CLERK OR COUNTY RECORDER’S WEBSITE. THE PARTY RECORDED IS THE ‘TEMPORAY LENDER’ FOR UP TO 90 DAYS, COLLECTED YOUR FIRST PAYMENTS AND IS NOT THE PARTY WITH STANDING BEFORE THE COURT ‘OWNER OF THE MORTGAGE NOTE’ RATHER A THIRD PARTY HIRED TO FILE DOCUMENTS WITH PUBLIC OFFICE NAD COURTS INCLUDE THE LIS PENDENS, RECENT DEFAULT DEBT, FILED ASSIGNMENT FALSELY CLAIMING THEY ARE A LIEN HOLDER VIA LIS PENDENS.

    IF THE FORECLOSURE SUMMONS NOT ISSUED, AND THE LIS PENDENS FILES, GET COPY, AND GET ATTORNEY, AND SUBMIT INJUNCTION – CEASE AND DESIST UNDER ALL OF THE CONSUMER PROTECTION LAWS YOU CAN

    GET EVIDENCE THE PARTY CLAIMING TO BE CREDITOR RECEIVED ALL OF THE PAYMENTS. MEANWHILE, GET A COTA, CHAIN OF TITLE REPORT, AND I PERSONALLY SUGGEST FOR I DON’T KNOW OF ANY OTHER AND I AM NOT ASSOCIATED WITH LL’S , THE LUMINAQ.COM ‘WHAT TRUST AM I IN’ YOU DON’T NEED THE SECURITIZATION AUDIT UNLESS YOU JUST WANT TO GET FAMILIAR AND GET UP TO SPEED. THE REPORT IS NOT EVIDENCE ACCEPTABLE TO COURT. THE EXPERTS WHO CREATE THE REPORT IF NEEDED ARE VALUABLE. TAKING THE REPORT TO AN ATTORNEY WHO DOES NOT UNDERSTAND THE HARMS YOU ARE SUBJECTED TO WILL NOT UNDERSTAND THE REPORT. MEANWHILE, GET EVIDENCE.
    VALUABLE EVIDENCE, WHO PAID TEMPORAY LENDER DURING ORIGIANTION WILL LINK THEM ALL TOGETHER TO YOUR LOAN AND LEAD BACK TO ‘MORTGAGE NOTE’ OWNER.

    Temporay Lenders are the Nominee for the Owner of the Mortgage Note already purchased prior to borrower signing morgage promissory note. At the time the borrower signes the mortgage promissory note, the transactions all recorded inside DTC, NYSE, NASDAC, for the mortgage broker took your property thru the computer screen and sold the mortgage note inside of private pipelines through which FIDELITY’s CLOUD and intetrated network of vendors FIS (FNF, LPS, TD, LSI, MERS, eLynx, CTS-Link, ServiceLink, …) sell subscriptions to members / subscriblers through which unrelated transactions are recorded and ‘deposits’ lots of ‘deposits’ lots and lots of deposits are generated allowing institutional bankers and institutional investors to launder money in the largest ponzi-scheme of 21st Centruy.

    Mortgage note attached to the DEED OF TRUST was purchased and the note was separated from the debt, and what you signed was a promise to pay whoever claims they are the holder of the debt or they will take the DEED OF TRUST held in your name.

    Did you know when you signed the ‘mortgage promissory note’ that the lender was temporay maximum 90 days, and that the agreement was RETAIL with SERVICER not Lender.

    The become the LENDER after a 90 day default for they have to advance the funds in the event you are late. But big problem. Neither the owner of the mortgage note nor the lender of the funds advanced are recorded lawfully. So who do you let take your property and repurchase it as REO property now giving the ‘mortgage note owner’ the claim to the title they never had?

    You signed with the SERVICER responsible for collecting money for 90 days allowing money to be laundered as cash deposits thru pass thru agency, of the ‘temporary lender’ who acted in collusion in ponzi scheme a real one and bypassed Patriot Act regulations to record transactions in accordance with Patriot Act. Know what was not required to be recorded in this manner? Money related to residential transactions. GIVE ME LOANS and I’ll give you lots of rewards and move the cash deposits for me so that we don’t have to record in accordance with Patriot Act. SO SUCCESSFUL and profitable we now know.

    Insurance underwriting is big business – just ask Warren Buffett, who for years has used insurance and reinsurance premiums to fund his investments at Berkshire Hathaway.

    Temporary Lender (for maximum 90 days) becomes Master Servicer when PSA closes and will service GROUPS OF NOTES for ‘Issuing Entity’.

    The insurance you purchased during a refinance will be a Lenders Policy insured by Monoline Insurance Company and the risk will be subordinated with the local title agency.

    The parent of the Monoline Lender works with owners of mortgage notes and issues Fidelity Bonds and Error & Omissions Policies on other investments in which the mortgage notes are resold as collateral slicing and dicing.

    Transactions as recorded with County Clerk and County Recorder, were they lawful or unlawful?

    The mortgage note allowed an undisclosed third party to take possession of the property by deceptive acts.

    The undisclosed third party was not the party recorded on the mortgage backed note. When you signed the promissory note you may have been told the loan was already sold and given a goodbye letter. Or you were told nothing. But the party the loan was sold to is not the owner of the mortgage note, is only the Temporay Lender to be named as Master Servicer.

    The promissory note you signed with the party called LENDER was only a temporay lender and the one who launders money for the owner of the mortgage note. You thought the money was for the prior loan to payoff? NOPE.

    Who will be named in the event of a default?
    The only assignment recorded with the County Clerk was the Temporary Lender, and they are selling the right to collect the bad debt to a third party and will record that assignment. However did the party have the right to do so? Where is the authority to take the loan and resell the loan when the mortgage note owner is not named?

    YOU DON”T KNOW WHO anybody is. Unless you get a copy of the evidence – the moving of cash transacton between the institutonal investors’ underwriter agent the account holder who deposited funding into the seller of the loan’s treasury and that party is named as the temporary lender. And the ‘evidence’ sits in every bank attorney/closing agent files – copies of the depoists into the checking accounts of the settlement agent, etc which do reference in the ‘Remitter’ ordered by xxx and loan# which connects the transactions to you and the temporay lender.

    What Does Temporary Lender Mean?
    A mortgage lender that sells the loans it originates into the secondary market shortly after closing, as opposed to holding the loans in portfolio. Most lenders are temporary lenders.

    These lenders have a few options when selling loans.

    Security dealers may be willing to purchase the loans for the purposes of securitizing the assets for resale to investors.

    Other lenders may buy the debt and hold it in their portfolios.

    The temporary lender may also sell its loans into its own trust, as part of a securitization process.

    Temporary lenders make money in three primary ways.

    First, they charge fees to the borrower.

    Second, they originate loans at interest rates above par value which allows them to sell the loans into the secondary market for a premium price (the loan is worth more in the secondary market than the actual principal balance of the loan because of the above par interest rate).

    Third, depending upon the slope of the yield curve, they earn a warehouse spread for the time in which they are the holder of record of the loan (the interest rate on the loan is higher than the interest rate at which the lender borrows money to fund the loan – this spread is earned until the loan is sold into the secondary market).

    The ‘Mortgage-backed note’ promise to pay is what you signed.
    A type of promissory note associated wtih a particular mortgage loan.

    Mortgage-backed notes represent promise to repay a mortgage loan to somebody.

    These mortgage backed notes specify terms of the loan, including amount of interest and principal to be repaid.

    Creating an obligation of the borrower to make payments.

    The Mortgage-backed notes are not lawfully recorded in the name of the real owner rather in the name of the owner responsible to pay if you don’t pay.

    The mortgage note owner already busy laundering money and busy creating additional financial products reselling the mortgage-backed notes. Only possible by the way if the Monoline Insurnace Company issues a guarantee in the form of ‘credit wraps’ in mortgage backed securities and collateralized debt obligations and insure the ‘mortgage notes’ placed into the ‘Issuing Entity’ are performing for maximum 90 days. Credit Enhancement includes ‘Master Servicer’ selling servicers portfolios of loans inside the Issuing Entity are required to pay the non-performing loans that were inside the ‘FWP’ prior to the PSA closing.

    A-Note (One Group:)
    The highest tranche of an asset backed security or other structured financial product. An A-note is senior to other notes, such as B-notes in bankruptcy or other credit proceedings, and is paid back first with funds from the underlying assets. They can be labeled AAA, AA, or A, depending on the credit quality of the underlying asset. Can also be referred to as a class a note.

    Lower tranches of notes are referred to as subordinate notes. While an A-note does offer more credit protection than other notes, investors in this tranche must still pay attention to the credit worthiness of investments in the subordinate classes. If the risk levels of those investments increase, the chances of default and repayment risk rise.

    The secondary tranche in a commercial mortgage-backed security. B notes are a component of A/B financing or A/B/C financing. They have a lower credit rating than a class-A notes, but a higher credit rating than a class-C notes. The financed property serves as collateral for a B note.

    ‘ B note”.
    As long as the borrower is paying the mortgage on time (in other words, as long as the loan is performing), investors in all tranches will receive their respective shares of the borrower’s payments concurrently. However, if the borrower defaults, holders of class A notes are paid their interest and principal payments before holders of class B notes.

    Similarly, holders of class B notes are paid before holders of class C notes. The interest rate and rating on class B notes reflects this level of risk. Alternatives to A/B note or A/B/C note financing include preferred equity, mezzanine debt and second mortgages, all of which are forms of secondary financing used in addition to a first mortgage

    What Does Asset-Backed Security – ABS Mean?
    A financial security backed by a loan, lease or receivables against assets other than real estate and mortgage-backed securities. For investors, asset-backed securities are an alternative to investing in corporate debt.

    An ABS is essentially the same thing as a mortgage-backed security, except that the securities backing it are assets such as loans, leases, credit card debt, a company’s receivables, royalties and so on, and not mortgage-based securities

    What Does Monoline Insurance Company Mean?
    An insurance company that provides guarantees to issuers, often in the form of credit wraps, that enhance the credit of the issuer.

    These insurance companies first began providing wraps for municipal bond issues, but now provide credit enhancement for other types of bonds, such as mortgage backed securities and collateralized debt obligations. Investopedia explains Monoline Insurance Company

    Issuers will often go to monoline insurance companies to either boost the rating of one of their debt issues or to ensure that a debt issue does not become downgraded. The ratings of debt issues that are securitized by credit wraps often reflect the wrap provider’s credit rating.

    Along with providing credit wraps, monoline insurance companies also provide bonds that protect against default in transactions that deal with physical goods.

    What Does Reinsurance Mean?
    The practice of insurers transferring portions of risk portfolios to other parties by some form of agreement in order to reduce the likelihood of having to pay a large obligation resulting from an insurance claim. The intent of reinsurance is for an insurance company to reduce the risks associated with underwritten policies by spreading risks across alternative institutions.

    Also known as “insurance for insurers” or “stop-loss insurance”. Investopedia explains Reinsurance

    Overall, the reinsurance company receives pieces of a larger potential obligation in exchange for some of the money the original insurer received to accept the obligation.

    The party that diversifies its insurance portfolio is known as the ceding party. The party that accepts a portion of the potential obligation in exchange for a share of the insurance premium is known as the reinsurer.

    FOR EXAMPLE, LENDERS POLICIES ONLY COVER A ‘STATED’ PERCENT NOT THE WHOLE LOAN. OTHER CREDIT ENHANCMENTS INCLUDE THE ‘SERVICER’ HAS TO PAY IF YOU DON’T PAY. AFTER 90 DAYS THE SERVICER RESELLS RIGHT TO COLLECT DEBT TO ANOTHER THIRD PARTY CONTRACTOR WHO WILL TRY TO ACQUIRE THE PROPERTY AS REAL ESTATE OWNED PROPERTY IN A SHERIFF SALE, OR TAKE YOU TO COURT IF YOU CONTEST AND FRUSTRATE THE COURT FOR A LONG TIME AND NOT PROVIDE EVIDENCE OF THE OWNER OF THE MORTGAGE NOTE.

    During the refinance, the LENDER is required to attach a LENDERS policy to protect in the event of a default and the LENDERS Policy follows the loan into the FWP and into the PSA which closes. What will happen to the owners policy when some borrower’s legal team reveals the mortgages were falsifed by forcing the old mortgage to go into force default for example to liquidate the loan, and purchased the property as real estate owned property using prefunding, the money you paid during the first 90 days to the temporary lender!

    The conglomerates who sold the mortgage note own insurance, banking, real estate insurers who continueally are transferring portions of risk portfolios to other parties by some form of agreement in order to reduce the likelihood of having to pay a large obligation resulting from an insurance claim. The intent of reinsurance is for an insurance company to reduce the risks associated with underwritten policies by spreading risks across alternative institutions.

    Overall, the reinsurance company receives pieces of a larger potential obligation in exchange for some of the money the original insurer received to accept the obligation.

    The party that diversifies its insurance portfolio is known as the ceding party. The party that accepts a portion of the potential obligation in exchange for a share of the insurance premium is known as the reinsurer.

    So was the purchaser of the mortgage note a cedeing party?

    THE INVISIBLE HARD MARKET WE ARE IN:
    THE ECONOMY HAS TO STRENGTHEN (WHICH WILL INCREASE EXPOSURE),

    INSURANCE COMPANIES INVESTMENT INCOME WOULD STABLIZE,

    OR A MAJOR INSURABLE EVENT NEEDS TO OCCUR.

    CRASH OF ECOMONY! PAID FOR BY NONE OTHER US TAXPAYER

  98. marina, on August 18, 2011 at 2:04 pm said:

    by law (I believe RESPA but may be TILA) they are required to give that to you when provided in writing (not verbally) so send off your request (QWR) by certified mail. you can google search that disclosure requirement

  99. Nancy Drew, on August 18, 2011 at 9:12 am said:

    http://livinglies.wordpress.com/2011/08/17/aztec-foreclosure-corp-antics-analyzed/

    FORECLOSURES in Non-Judicial states beware

    TD Services dba TD Escrow Services on the CLOUD integrated with providers of ‘foreclosure servicers’ ‘MERS’ ‘FIS’ ‘FNF’ LPS/DOCX, LSI, ….

    and judicial states.

    But especially the most vulnerable and easiest to take consumer property by deception, non-judicial states because the Treasury of the State benefits from the sale of the property and no one is protecting your interests as a consumer harmed.

    Aztec Foreclosures Corp is an example. The info posted from the public domain by their own hand of the services they provide.

    See details I copied in link above regarding CA!

    See copy of real file in which the current SALE and Pending Sales by the ‘trustee’ a reo broker handling the purchase of the property from the trustee of the state taking your property wihtout any consideration without any due dilligence …. forcing you to defend your property, your homestead without evidence

    Evidence withheld from you.

    Substantive omissions of material facts during Origiantion and during default.

    They do know who the ‘trustee’ and ‘loan trust’ are based upon the ‘Sales’ recorded with Treasurer of the State.

    DOES NOT THE TREASURY OF THE STATE OF CALIFORNIA CHECK TO SEE THAT THE DOCUMENTS ARE ALL IN ORDER? WHERE IS THE DUE DILLIGENCE?

    THE TAKING OF PROPERTY BY DECEPTIVE ACTS ENABLED BY ‘CONTRACTOR’ C/O STATE TREASURY SHOULD BE INVESTIGATED.

  100. Nancy Drew, on August 18, 2011 at 9:06 am said:

    Not in foreclosure yet (SUMMONS ISSUED) secure copy of Luminaq.com ‘What trust is my loan inside of’ and attached to documents requesting David Kriegers detailed Chain of Title Audit. Make sure you include the ‘Goodbye’ Letters you received at closing, and any other Goodbye Letters you have copies. Most important the ‘gooodbye letter’ at closing! You’ll have in hand evidence before its falsifed, tampered with and/or destroyed

  101. NoMoreMarxistsInDC, on August 18, 2011 at 7:23 am said:

    Get the Judges’ financials in every foreclosure case. In NJ, there’s a form you can fill out to get the official records of any judge’s financial records. Interestingly, in one foreclosure case I’m working on, the judge showed no financial records other than his state judicial pension plan.

    I looked up the NJ Pension Plan under the NJ Treasury reports and found that the particular bank, Wells Fargo who was suing the client for foreclosure, was part of the NJ Pension Plan common stock equities that were being invested into the Pension Plan.

    We moved to disqualify the judge. Anticipate the judge saying that if this is the case, no judge can sit on any foreclosure case. Our response will be “That is correct!” “Therefore, you must dismiss the case with prejudice”.

    Bruce Eden
    Constitutional law, Civil litigation & Family law paralegal

  102. Patrick Carey, on August 17, 2011 at 9:47 pm said:

    I have been attempting to obtain a loan modification from JP Morgan Chase who is servicing the loan on my home. When I asked who the investor was, the person handling the loan modification refused to give me the name of the investor. I would like to know if I have the right to this informatioin and how I pursue finding this information out. Someone told me to apply under the Freedom of Informatioin Act. Would appreciate any feedback from anyone on this question. Thanks.

  103. Jeanine, on August 12, 2011 at 10:38 am said:

    What can we do to stop them and make them pay?

  104. Sandy, on August 12, 2011 at 9:45 am said:

    The banks are in VIOLATION of the Federal Fair Housing Law. There is an except in the Federal Fair Housing law that states is is UNLAWFUL for banks to apply diiferent procedures with regard to foreclosure, collections, reinstatements ect. They are ALL over the board and it is Time they are made accountable. Not to metion the complete deception of the liar loans that drove the market and also colasped it. It was all about making FAST money! They absolutely knew that this would be the end result. Why do you tnhink they sold the loans as soon as they were funded using sweat shop robo signers, who transfered the sales illegally, signatures were even noterized by people who had signed someone elses name. Same individula was listed as bank presidents and vice presidents for several banks and had no such designation, but were paid a mere 10 an hour th fradulently sign names and then they also had them insured to intice the investor. Its time we wake up and say they are NOT ABOVE THE LAW!!!!! they should all be penalized, and reduce ALL these mortgages to value. After all they were the ones who BROKE THE LAW!!!!

  105. Kevin, on August 11, 2011 at 1:59 pm said:

    I am encountering difficulties finding representation in Tallahassee Fl., Leon Cty. Can any one help me with a referral, with an attorney that gets it and know what Neil’s talking about. Thanks plz email me at (atltundra@gmail.com)

  106. laurie mendoza, on August 8, 2011 at 6:43 pm said:

    TO GIL DUNN ON 5/26/2011 NEEDED ADDRESS TO WESTERN PROGRESSIVE, LLC. I JUST FOUND IT TODAY AND CALLED THE PHONE NUMBER TO MAKE SURE ITS RIGHT AND IT WAS. THEY WERE CLOSED BECAUSED I CALED AFTER 5 PM. HERE IS THE INFO YOU NEED GIL. AND GOOD LUCK

    WESTERN PROGRESSIVE, LLC
    18377 BEACH BLVD., SUITE 210
    HUNTINGTON BEACH, CALIFORNIA 92648
    (866) 960-8299

    SINCERELY
    LAURIE MENDOZA

  107. Jim Bethea, on August 8, 2011 at 12:49 pm said:

    That will be very difficult to do ~ Attys and companies take on new clients based on backend fees ~ spend hundreds and sometime thousands in filing and time spent and then the client/consumer would have invested NOTHING gets scared or changes their minds and leaves the ones who are trying to help holding the bag ~~ good luck but it is almost impossible to find people to take on all of the liabilities and expenses ~

  108. Jeanine, on August 6, 2011 at 2:26 pm said:

    I would like to know if I can retain someone to help me. Not someone who asks for money up front, but someone who does the job of stopping foreclosure and then they get paid.

  109. Brenda Simard, on July 25, 2011 at 4:47 pm said:

    I will do my best to keep an open about this one! Nice thoughts though.

  110. Abby in CA, on July 23, 2011 at 9:29 am said:

    TUESDAY’S AGENDA – NEW CENTURY MORTGAGE & HOME123 CORPORATION- FOR THEIR BANKRUPTCY IN DELAWARE FOR 7-26-2011

    SOME PRO SE’S UP THERE FIGHTING AND ONE IS SCHEDULED FOR ORAL ARGUMENTS

    http://www.scribd.com/doc/60728756/NEW-CENTURY-BANKRUPTCY-COURT-AGENDA-FOR-7-26-2011-SOME-PRO-SE-S-SCHEDULED-FOR-ORAL-ARGUMENTS

  111. Bill, on July 19, 2011 at 9:31 pm said:

    Most of you would benefit from listening to the Donna Baran interview.

    She fought foreclosure in Florida for years..

    She was on RBN with Ralph Winterowd.

    Please give a listen, the archive tape is online and free.
    Donna knows her stuff and gave the plaintiff liars and Judge Fits!

  112. star, on July 18, 2011 at 4:51 pm said:

    “TRADE ACCEPTANCE” is the tools that is to be focused on. The Note is held and transfered through Trade acceptances to whomever purchases it on your signature.
    Once this information of the inside business transactions that the banks etc are doing is available it is the true documentation of where the money’s of everything is documented between them. Also in the dealings of mortgages every three years the banks have to balance theirbooks with the note with money’s received from the Federal Reserve Bank from the initial loan on your signature to the bank it is paid for in full.
    So the bank gets the loan, then you make payments of interest for the most part and continue to pay on a loan that has been balances out from the Public Debt-Benefit fund to begin with.
    There is a Private side to all document’s in terms of lawful money.
    Now to place this into action and to get more people to put tis into place so as not to be ignored by the system of public debt money….well
    Action is a rare breed of coming together with something that can work or does work when the system want people to remain blind and the people themself’s do not do the work it takes to be in control of one’s life and affairs.
    The banks and the attorney’s want to keep so much in the path of keeping a simple cure to slip through the being over-whelmed legaleze that the time lines are on their side.
    They initiate before people even become aware of a problem. Well I am done for the moment.
    REQUEST THE TRADE ACCEPTANCES and
    record a LAND PATENT – ALLODIAL TITLE to you “LAND”

    My help question is…Notice of a Trustee sale was received last fri.
    The sale is to take place this Aug 2, 2011

    And while I am learning of all of the above they have me going out the door, before I could implement and learn this stuff.
    I do not know what to file to cease and decist the trustee in the state of MO. The court says to hire an attorney but my gut says to not.
    I just need to know the Petition from the language that I hearf to file and then a judge has to approve to go to court!!!!
    They make it so comlicated. sincerely

  113. rnlopez59, on July 18, 2011 at 2:12 am said:

    I got Wells Fargo to commit perjury on the stand. In Colorado Bankruptcy Court. It was fantastic and the judge seemed not to happy.

  114. Abby in CA, on July 8, 2011 at 3:52 pm said:

    CALL TO ACTION

    CAN YOU PLEASE HELP ME WITH THIS

    EASILY MODIFIED WORD DOCUMENT TO FAX TO CALIFORNIA STATE ATTORNEY GENERAL

    INVOLVES THOUSANDS OF HOMEOWNERS ACROSS THE USA, INCLUDING FLORIDA

    I APPRECIATE THIS VERY MUCH

    http://www.scribd.com/doc/59633458/CALL-TO-ACTION-PLEASE-FAX-THIS-TO-CALIFORNIA-ATTORNEY-GENERAL

  115. Gil Dunn, on May 26, 2011 at 10:11 am said:

    I need a physical address for western progressive LLC. Can anyone provide it for me. Thanks

  116. Abby in CA, on May 21, 2011 at 1:03 pm said:

    somebody goes after a bankrupt loan (pretender) lender —-

    http://www.scribd.com/doc/55961911/MOTION-FOR-RECONSIDERATION-IN-NEW-CENTURY-LIQUIDATING-TRUST-MAY-2011

  117. ron g., on May 17, 2011 at 4:42 am said:

    hi i have a sell date of june 6,2011. what can i do to stop the sell. i have filled bankrupcy twice and don’t know what else to do help!

  118. dodododo, on May 8, 2011 at 3:53 pm said:

    @abby in CA That person was probably a troll and wanted to get people to write him/her to get info to use against anyone who had a Capital One loan. He/she could have been forced to take the site down. Hope no one fell for this.

  119. Ray Lopez, on April 16, 2011 at 12:02 am said:

    Good job Linda

  120. Ray Lopez, on April 16, 2011 at 12:01 am said:

    Let’s get those banksters.

  121. Ray Lopez, on April 16, 2011 at 12:00 am said:

    You have to go all the way against these banks period.

  122. Abby in CA, on April 4, 2011 at 4:47 pm said:

    wow…see below

    bankmisconductdotcom if you click on anything in his/her post….big message saying all between he/she and capital one have been resolved

    what the heck?

  123. Abby in CA, on April 4, 2011 at 4:44 pm said:

    CLAUDIA ACEVES WINS PARTIAL ON HER APPEAL V US BANK NA & OPTION ONE

    CALIFORNIA PARTIAL WIN FOR HOMEOWNER

    http://www.scribd.com/doc/52280305/ACEVES-V-US-BANK-NA-CALIFORNIA-APPEAL-PARTIAL-WIN-FOR-HOMEOWNER-BORROWER-OPTION-ONE-ASSET-BACKED-SECURITIES-CORP-HOME-EQUITY-LOAN-TRUST-SERIES

  124. marina, on April 2, 2011 at 8:44 pm said:

    Is there a REMIC index link that one can imput either their Trust name, Pool # or CUSIP # and it will land you onto the IRS Remic info? I have the above pieces. I have also scrolled through every IRS publication from origination to present and do not find my trust Indy INDX 2006-AR4. I want to confirm a) whether the trust’s REMIC was ever created. No Trust = reverse Deutsche’s foreclosure and RICO violations.

  125. Mary_Cochrane@saveamericaone.com, on March 27, 2011 at 3:59 pm said:

    ASSIGNMENT WAS RECORDED WITH THE COUNTY CLERK’S OFFICE AFTER THE COMPLAINT

    ‘Consumer H’ claims that is fraud.

    Did the banks do intentionally file in this manner in the event consumers contest complaint of foreclosures?

    What happens to the SELLER of the “DISCOUNTED LOANS” and BUYER of the DISCOUNTED LOAN during the origination of all this fraudulent cases?

    What happens to consumer in Court as Defendant who fights this fraud? Does the bank still win and reinstates the former loan?

    H, on October 6, 2010 at 6:05 am said:
    I SEE A LOT OF PEOPLE FROM DIFFERENT STATES THAT’S FACING OR HAVE BEEN FORCLOSED ON.

    I BEGAN TO FIGHT BACK AND DO SOME INVESTIGATION AT THE NASSAU COUNTY CLERK’S OFFICE AND FOUND FORGED, BOTCHED, FRAUD AND BACKDATED DOCUMENTS IN THE FILE….

    TOOK COPIES AND FOUND CASES THEY WERE INVOLVED IN…

    WELL LONG AND BEHOLD I HAD EXHIBITS FROM A-H AND

    FILED A MOTION “ORDER TO SHOW CAUSE” W/TRO AND IT WAS GRANTED.

    JUST REMEMBER THE OPPOSITON HAVE THE RIGHT TO ANSWER TO TRY AND EXPLAIN AS TO WHY IT SHOULDN’T BE GRANTED AND THEY WILL IN ABOUT A WEEK.

    BUT MOST OF THESE LAWYERS ARE SO STUPID THAT THEIR PAPERWORK IS SO SLOPPY AND REDUNDANT THAT 99.9% OF THEM HAVE BEEN DISMISSED WITH PREJUDICE (MEANING THEY CANNOT FILE ANOTHER FORECLOSURE CLAIM).

    I’M GOING TO GIVE THE STEPS OF HOW YOU NEED TO DO YOUR RESEARCH JUST AS I DID IN NEW YORK.

    JUST REMEMBER YOU NEED TO MAKE A LOT OF COPIES OF EVERYTHING IN THAT FILE PERTAINING TO THE FORECLOSURE.

    1) GO TO YOUR COUNTY CLERKS OFFICE WITH YOU BLOCK, LOT & SECTION NUMBER

    2) SEARCH THE PUBLIC RECORDS FOR THE FOLLOWING:

    A) LIS PENDENS/

    SUMMONS/

    COMPLAINT

    B) ASSIGNMENT OF MORTGAGE

    C) MORTGAGE DOCUMENTS

    D) CHECK EFFECTIVE ASSIGNMENT DATE

    E) CHECK & SEE IF ASSIGNMENT WAS
    RECORDED WITH THE COUNTY CLERK’S
    OFFICE AFTER THE COMPLAINT. AND
    IF IT WAS THEN IT’S FRAUD.

    THAT MEANS THEY WERE NOT ASSIGNED THE
    MORTGAGE ON DATE OF COMPLAINT
    AND THE ASSIGNMENT WAS
    FRAUDULENTLY BACK DATED TO
    APPEAR AS IF WAS ASSIGNED PRIOR
    COMMENCING OF THE COMPLAINT.

    F) CHECK THE NOTARY.

    CONTACT AND
    REQUEST A CERTIFIED COPY OF THE
    NOTARIES SIGNATURE (THERE IS A
    SMALL FEE) AND COMPARE
    SIGNATURES.

    G) IF FRAUD PLAYS A ROLL THEN FILE A
    MOTION “ORDER TO SHOW CAUSE”
    WITH TRO WITH THE SUPREME COURT
    WITH COPIES OF ALL EVIDENCE (DON’T
    FORGET TO MAKE COPIES OF AS MANY
    CASES & ARTICLES REGARDING THE
    BANK(S) AND LAWYERS THAT ARE IN-
    VOLVED.

    ALSO PLEASE REMEMBER THAT IT IS YOUR RIGHT TO HAVE BANKS/LAWYERS PROCUCE THE ORIGINAL(S) – NOT COPIES
    (Ownership of the Mortgage),
    CUSTODIAL TRUST AGREEMENT, TRANSFERS/CHAINS OF ALL TITLES AND
    PSA (POOLING AND SERVICING AGREEMENT FROM THE SECURITIES EXCHANGE COMMISSION AND ASSIGNEE OF THE ORIGINAL MORTGAGE AS REQUIRED BY LAW.

  126. talia, on March 19, 2011 at 12:23 pm said:

    Can someone please explain to me, why in the screwed up state of california the judges in federal court do NOT CARE if the lawyers have filed fraudulent documents and on a homeowner, and they ALWAYS side with them. The judges especially in orange county california are so corrupt, they do not even give the homeowner a chance to show their evidence and he dismisses the case. The homeowners here have been going through HELL with these federal judges, the think because it is a non-judicial state the lawyers and banks are 100% true. We need these judges removed, they think they are above the law, in face I had a friend go to Bankruptcy to save his house from foreclosure and the judge replied to him I AM SO SICK AND TIRED OF THESE HOMEOWNERS FILINF BK TO STAY IN THERE HOMES FOR ANOTHER MONTH, AND THE BEST OF IT IS THE TRUSTEE AMRANE COHEN SAID THE SAME THING MEANWHILE HE IS ONLY A TRUSTEE NOTHING MORE AND HE SPECIFICALLY SAID I HATE WHEN PEOPLE DO NOT PAY THERE MORTGAGE. I am sooooo tired of trying to fight in federal court and NO ONE IS LISTENING there is NOOOOO protection for the homeowners in CALIFORNIA. We are better off living in AFRICA at a tribe.

  127. bankmisconductdotcom, on March 3, 2011 at 4:06 pm said:

    I am a former employee fo Capital One Bank. I have devastating insider information abotu this bank- illegal foreclosures, forgery of mortgage documents, illegal and unethical behavior, info about internal short sale contests among bank employees, and other outrageous behavior. I worked at Capital One Bank in Plano, texas.

    my contact info: info@bankmisconduct.com and website is http://www.bankmisconduct.com
    or
    http://www.thebankwantsyourhome.com

  128. Fred Montano, on February 27, 2011 at 5:47 pm said:

    We are currently in Foreclosure Court where Countrywide/BOA Home Loans Servicing is suing. We sent TILA rescission letter to FNMA, and Countrywide some 50 days ago and have had no response. As I understand they are now in default. Consequently we are preparing a Quiet Title action in District Court under TILA and UCC articles. Do we notify the Court where our Foreclosure case is on hold that we have done this? Anyone who can help would very much appreciate. Our loan is alomost 10 years old but just recently located it on Fanie Mae’s Look up sight. So we will take the position if and when necessary that the true lender has still not been disclosed plus other TILA violations.

  129. Chris Onwukwe, on February 11, 2011 at 7:16 am said:

    I need to file a motion to stay foreclosure in VA, ASAP – Help!

  130. James, on February 9, 2011 at 12:17 pm said:

    ‘Angel’ of foreclosure defense bedevils lenders
    Florida attorney trains hundreds of others to help troubled borrowers
    Below:
    Discussion

    Related

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    Jon M. Fletcher for msnbc.com
    “She’s an angel,” says one client of Jacksonville, Fla., foreclosure defense attorney April Charney.

    By Mike Stuckey
    Senior news editor
    msnbc.com
    updated 12/19/2008 6:39:47 AM ET
    Share Print Font:
    JACKSONVILLE, Fla. — Talking about what she sees as one of America’s darkest hours, attorney April Charney uses some pretty colorful language.
    “You ever look into a place where snakes hang out?” she asks in the middle of a conversation about the loan officers, appraisers, investment bankers, attorneys and others that she believes are responsible for the nation’s worsening financial crisis. “That’s what I see here. They’re writhing and oozing and morphing into creepy stuff with slime all over it.”
    Then in her quiet, gentle drawl — the kind of voice that could get you invited to afternoon drinks on the finest porches in South Florida, where she grew up — she leans forward and says quite earnestly, “Not to discredit snakes or anything.”
    Charney, a lawyer with the Jacksonville Area Legal Aid agency, is quickly developing a national reputation as a champion of homeowners facing foreclosure and a serious adversary for those attempting to take possession of those homes. Her encyclopedic knowledge of contract law, debt-collection practice, securitized mortgages, the trusts that hold them and the agreements that govern the trusts have put her at the forefront of the rapidly expanding specialty of foreclosure defense.
    While carrying her own load of 70 to 100 foreclosure cases as a legal aid attorney, Charney, 51, also has become one of the nation’s top trainers of other lawyers eager to learn how to serve the growing clientele spawned by America’s mortgage meltdown.
    About 1,500 lawyers have attended her daylong classes on foreclosure law so far, 80 to 200 at a time. She has taught in Ohio, California, Minnesota, South Carolina, Missouri and throughout Florida. She offers the classes at cost with the help of local bar associations and aid groups and requires that all students perform 20 hours of pro bono legal work in their communities.
    A trail of trouble
    Charney said her crusade was born out of experience. Over and over again, she said, in her cases and those of other attorneys she met, she found sloppiness, fraud and outright criminality in the nation’s mortgage lending industry. Regardless of why her clients have been unable to pay their mortgages, she maintains that nobody deserves to lose a home to the unethical and illegal foreclosure procedures that she claims are now being used by many banks and loan servicers.
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    Her work has earned her the enmity of many a lender and high praise from consumer advocates. “She is definitely a woman who walks the talk and carries a big stick that will crush those who defy consumer laws,” wrote Moe Bedard, president of Loan Safe Solutions, a company that tries to help homeowners prevent foreclosure.
    The Mortgage Bankers Association, the trade group that represents 2,400 companies from all sectors of real estate finance, did not respond to msnbc.com’s invitation to comment about Charney and her sweeping indictment of the industry and its business practices. And the American Bankers Association, unfamiliar with her work, had no comment.
    But clients like Vickie Lewis of Jacksonville , for whom Charney has staved off foreclosure for more than four years, adore her. “She’s an angel,” said Lewis. “Without Miss Charney, I would have been out a long time ago.”
    Long days, even on ‘vacation’
    Charney pursues her calling with energy and enthusiasm. On a recent “vacation day,” she met for hours with a reporter, then saw clients until 8:30 p.m. in her downtown Jacksonville office, which is so crammed with case files, law books and other materials she hasn’t been able to shut the door or hold a meeting there for quite some time.
    She has no sacred cows, and is currently taking on the Jacksonville area Habitat for Humanity, a darling of many liberal social activists, over construction quality and other issues.
    Charney, separated from her husband, is often at her desk preparing briefs after midnight but manages to maintain close contact with a daughter, 25, a third-year law student, and a son, 23, who received a degree in anthropology last year and is now interning with the U.S. Park Service. She prefers sweaters and jeans to suits, and dreams about being able to spend more time running rivers and hiking wilderness trails.
    A University of Miami law school graduate who spent years in private practice in Arkansas and worked in other legal aid offices before coming to Jacksonville four years ago, Charney said she became an expert on lending law when her caseload of foreclosures increased and she began to notice a number of disturbing trends that have yielded her key defense strategies.
    First, because of the way mortgages have been securitized, it’s often unclear who actually owns the debt, she said. “What we see is that systematically, the originating lenders only pledged these loans and didn’t actually transfer them” to the trusts that are supposed to hold them and issue the securities, she explained.
    But only the true debt owner has the legal standing to be a plaintiff in a foreclosure, she continued. “That’s first-year law school stuff. If you’re Joe and the debt doesn’t belong to you, it belongs to Marjorie, then Marjorie better be in court, not Joe. Don’t come in as Joe and tell me you have the right to be there when you know full well you don’t.”
    Sketchy documentation
    Yet, time and again, loan servicers and others have sought plaintiff status, often by using affidavits stating that the actual notes had been lost, she said. “I’ve seen paperwork filed by lawyers saying, ‘We anticipate assignment’” of the debt, she said with a scoff.
    And the loan originators can’t appear in court and claim the right to foreclose because they would be in violation of securities laws for not transferring the loan to the trust when they were supposed to, she said.
    Making an issue out of the actual ownership of the securitized title might strike some as a shameless stalling tactic aimed at abetting a debtor who, after all, owes the money. But Charney said that if such basic legalities aren’t adhered to, a homeowner could pay his or her way out of a foreclosure jam only to wind up in another when a new plaintiff emerges claiming to own the debt. She described cases in which homeowners have been sued for foreclosure by two different trusts, each claiming they owned their house, and cases where trusts have been sent documents on the same case by two different servicers.
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    Who’s to blame?
    Charney has a number of other defenses that focus on other sloppy and illegal practices by lenders and mortgage servicers. Some homeowners in foreclosure, such as those with FHA-insured loans like her client Vickie Lewis, were “entitled to very special default case management, and they didn’t get it,” she said. These people might not be in foreclosure if they had, she said.
    Trouble is in the stock
    The FHA loan program exists to enable low- and moderate-income Americans, including many with poor credit, to buy homes. FHA anticipates that borrowers in its programs will have more difficulty staying current on their loans than so-called prime borrowers, and therefore requires lenders to offer a range of options to troubled clients.
    “I think that they are entitled to relief” because they didn’t get the help they were supposed to, Charney said.
    Still other clients wind up in foreclosure because they were the victims of predatory lending practices and outright fraud when they got their loans, Charney said. If that can be shown in court, the foreclosure may be tossed out.
    Charney prefers to settle cases, often using the flaws she exposes in debt ownership and loan servicing to gain reworked, more manageable mortgages for her clients.
    “Where we were settling cases at 7 percent interest, I’m now wanting to settle them at 4 percent interest or 3 percent interest,” she said. “I’m now settling for tenants where the lender, in lieu of rent, has them maintain the property. You have to adjust to the circumstances.”

  131. Mark D, on February 6, 2011 at 6:01 am said:

    Looking for help with pro se foreclosure in nj.

  132. CONFUSED, on February 1, 2011 at 10:01 am said:

    does anyone have a florida foreclosure appeal example. i am prose and need to file an appeal?

  133. Artie Gold, on January 28, 2011 at 2:44 pm said:

    “Three Little Bear Lose Cottage to Foreclosure Crisis”

    I put this 2 min infomercial together to take the edge of the battle to save our families, homes and communities. Please click the link below and enjoy:

    http://www.xtranormal.com/watch/8275556/

    Feel free to share and forward this humorous but serious message.

    Artie Gold
    678 235 4995
    Homelife Solutions, LLC

  134. Artie Goldman, on January 25, 2011 at 7:42 pm said:

    Phil, There are two program that will solve your problem:

    Verified Trustee Sale Delay

    The Last Option (No Up Front Fee)

    It is well known that banks are illegally foreclosing on homeowners in Trustee States since the foreclosure process is lightly monitored by government agencies.

    In Judicial Foreclosure states, a judge reviews the legality of the foreclosure proceedings to ensure the homeowner is being protected against greedy lenders and yet still the lenders are not properly following the foreclosure laws correctly.

    In Trustee States, lenders employ a “third party” trustee company to replace the legal function of a judge and orchestrate the foreclosure process. If banks are not legally foreclosing when they know a judge reviews the case what do you think they are doing when they only have to go through a trustee that they pay? Our service requires the trustee to verify a comprehensive list of issues related to the legal nature of the foreclosure proceedings enacted by the lender, which as a byproduct, you as the homeowner still retain full ownership of the property and live there comfortably. Since the trustee assumes the liability in auctioning the property, they will not foreclose on the property if there is a potential violation pointed out to them prior to the Auction Sale Date as they could face sanctions and ultimate lose their license. Trustees are incredibly busy and generating huge profits so they will continually postpone the sale date with adequate time to research and respond to the issues raised by our company to protect themselves.

    Program Highlights: Legal foreclosure delay strategy

    Your lender is never contacted so you can still modify your loan or short sale your property.

    You can:

    *Stay in your home for 6 – 40 months after Notice of Trustee Sale has been posted
    *Avoid bankruptcy on your credit, less costly than BK attorney’s fees
    *Experienced professional trustee knowledge working for you, not against you
    *No title transfer (never transfer your title to anyone else to delay a sale, scam alert!)

    Our Trustee Verification Delay Program is designed as another option for homeowners that are considering bankruptcy, loan modification or short sale as a way to delay the foreclosure auction. Some of our clients have been denied for modification or a short sale and are out of options. Some are still trying to get approved for a Modification or short sale and just need more time.

    Other clients realize that they are so far upside down on the property and it is not worth paying the high mortgage payment and would rather live in their home than less than what an apartment would cost to rent. Even renters can utilize our services to stay in the property longer with less expense than renting. No matter what your reason for delaying your foreclosure, we can help.

    Bankruptcy Is Not The Answer……

    NOTICE: DO NOT SIGN OVER A SMALL PORTION OF YOUR GRANT DEED TO SOMEONE IN BANKRUPTCY! Companies are approaching homeowners offering a delay product involving signing over 1% or 1/16th interest in the property to someone
    who is in bankruptcy. This is EXTREMELY illegal. Bankruptcy Fraud!

    Amount of Delay

    Delay Time Chapter 7 Bankruptcy (21 – 45 Day Delay) – Banks are very aware that many homeowners are filing Chapter 7 Bankruptcy to delay their foreclosure. When filed, a Chapter 7 will put an automatic Stay on all of your debts. That means that no creditors can proceed with debt collection. Therefore, immediately after the bank is notified of the filing they send their legal team to court to file a motion to lift the stay. Most banks are doing this so fast that the stay only keeps the homeowner in their house for 30 – 45 more days. As soon as the stay is lifted, your house is back on the auction block and you now have a bankruptcy on your record and likely will be calling HomeLife anyway.

    Chapter 13 Bankruptcy (21 – 60 Day Delay) – Similar to Chapter 7, when a Chapter 13 is filed it will stop creditors from collecting debts immediately. The difference is that Chapter 13 is the reorganization of debts. This will buy the homeowner a few more weeks, but the banks will still file a motion to lift the stay. Homeowners who are this delinquent are at a disadvantage in court against a valid creditor who has not been paid in an excessive amount of time. Again, as soon as
    the stay is lifted your house is back on the auction block and you now have a bankruptcy on your record.

    HomLife Delay Solution (6 – 40 Month Delay) – 3 months 15 days is the fastest any homeowner has lost their house in this program with the longest being 3 years and 4 months. You will not have a bankruptcy on your record
    and can still work out a modification or short sale while in our program.

    Bankruptcy

    Filing any type of bankruptcy will have very strong consequences. Homeowners who file just to prolong the sale of their house disqualify from filing again for 7 years (in a Ch. 7).

    Therefore, you are vulnerable for that entire period. What happens if there is some medical emergency that incurs tremendous bills? You will not be able to protect yourself against getting your wages garnished. No matter what the debt or situation, you are no longer allowed to protect yourself because you used your ‘free pass’ on your foreclosure, which could have been handled much differently.

    Also, many companies pull credit and might not hire a candidate with a Bankruptcy on their record. In today’s job market, can anyone afford such a big disadvantage?

    Federal Bankruptcy laws require that you complete your filing information and credit counseling courses no more than 45 days from initial filing date. If you don’t complete the filing the bankruptcy court will dismiss your BK, and the trustee can sell your property. So if you intention was to save your home, you only postponed the sale for 45 days. If your BK was dismissed you must wait at least 6 months before filing again.

    Financial benefits

    Chapter 7 Bankruptcy – this strategy will wipe the slate clean for people who qualify (qualifying for a BK is now tougher than ever). When approved, most debts can be released. This is a good choice for homeowners with a lot of unsecured debt (credit cards, personal loans…). Your mortgage is secured by your home, meaning that even after bankruptcy is filed they can still take your property. So the financial benefits only include removing unsecured debt.

    Chapter 13 Bankruptcy – Chapter 13 is the reorganization of debt. A judge will work with you and your creditors to plan out an acceptable repayment plan to all of them. Often the property will be removed from the BK as the delinquency is extreme and it is a secured loan. This is not a great option for homeowners looking to buy time.

    Warmest Regards,

    ArtieGoldman
    Sr. Affiliate
    HomeLife Solutions
    678.235.4995 – Direct

    http://www.homelifesolution.com

  135. Gregory, on January 14, 2011 at 3:40 pm said:

    Phil Chapter 11 Bankruptcy is best for you. Send me an email at gregory4naca@aol.com I am a paralegal and have been doing Bankruptcies for 15 years.

  136. Phil, on January 13, 2011 at 3:10 am said:

    I forgot to mention, my loan is with IndyMac Bank and I’m in California.

  137. Phil, on January 13, 2011 at 3:09 am said:

    I need help!!! My home is going to Trustee Sale 01/18/2011…is there anything I can do to stop this? I can’t file for BK because my loan is $1.4M and I would have to file for Chapter 11, trying to save my home has drained me from my funds paying people to stop the foreclosure. I’ve been scammed a couple of times. I’m drained and don’t know what to do.

  138. mike, on January 7, 2011 at 10:48 am said:

    As I am in a 2 year battle with Bof A and JPM, I am always looking for more ammo. I did get the court to allow discovery and just yesterday filed a motion to compel due to their refusal to comply with the courts ruling. I complained about the usual items, tila, respa and so on but have been denied by the district court or the state court to hear arguments about who really owns the loan. The courts have instead, granted dismissal for such things as I failed to clearly state who I was directing my counts to. (That’s in the ninth circuit appeals now) the state court has extinguished all of my counts but two, 1, Negligence and 2. Trespass. I have offered to settle with no response (typical). First, they can not settle on something they do not own. Second, if they claim ownership then they are the responsible party of the alleged trespass and failure to provide notice pursuant the deed and state law. In any event, it’s getting interesting now. anyone can trck this case if so inclined on Ariz. Superior Court web site, case No. CV2009-052985 which will include the district court number as well. I am (Pro Se) and will not quit until all issues have been resolved.

    Mass. court loss socks banks
    Posted by Colin Barr
    January 7, 2011 12:02 pm

    What the administration seems to have giveth, the courts may yet taketh away.

    Shares of the biggest banks tumbled Friday after a Massachussetts court ruled units of Wells Fargo (WFC) and U.S. Bancorp (USB) improperly foreclosed on two houses in a closely watched 2007 case.

    Down end to the week
    The court ruled the banks failed to show they held the mortgages at the time of the foreclosures. The case has been viewed as an important test of a key strategy being employed by lawyers fighting the big banks in foreclosure cases: the argument that banks that can’t show they hold a mortgage note cannot by law take the house that secures the mortgage.

    The Ibanez ruling comes at the end of what had been an upbeat week for the banks. On Monday, Bank of America (BAC) announced a settlement of mortgage-repurchase claims filed by the two big government-sponsored mortgage investors, Fannie Mae and Freddie Mac.

    The bank said it would spend almost $3 billion to settle demands by the mortgage firms that it buy back loans that ran afoul of underwriting guidelines or otherwise failed to meet contractual standards. The deal was widely criticized as the latest giveaway by an administration intent on propping up the biggest banks, all of which have returned to profitability but remain painfully vulnerable to another housing downturn.

    At Wells, for instance, some 60% of the bank’s loans are “tied to real estate in some way,” Guggenheim Partners analyst Marty Mosby wrote in a note to clients Friday. He rates the stock buy, contending that the market has failed to appreciate the stabilization of real estate markets.

    But decisions like the one Friday threaten to complicate that dynamic, by adding to the already bulging pipeline of foreclosed houses sitting vacant in neighborhoods and rotting away on the banks’ books.

    Accordingly, buyers were backing away from the bank stocks Friday, as Wells and JPMorgan Chase (JPM) each fell 3% and BofA dropped 2%.
    Tags: banks, bofa, courts, foreclosures, wells
    0 Comments | Add a Comment

  139. David Paris, on December 12, 2010 at 2:16 pm said:

    Please need help on foreclosure,
    Trustee sale scheduled for Jan 5 can you help

  140. Ron Houchins, on December 6, 2010 at 12:21 pm said:

    Ray Lopez: Ray, I am a former attorney. You are going to need to Respond to their Motion to Dismiss and you should also file a Memorandum of Points and Authorities as to why the court should deny their motion to dismiss. If you need assistance with this, please call me at (706) 416-8333. You can email me the motion to dismiss and I can review it for you and tell you what needs to be done. My specialty is helping pro se litigants with foreclosure and bankruptcy.

  141. Ray Lopez, on December 5, 2010 at 12:08 pm said:

    I need help here in Colorado.In bankruptcy Chap 13 have adversarial case and I need to answer their motion to Dismiss. HELP!

  142. terri, on December 2, 2010 at 11:00 am said:

    Just want to thank you for the info on short sales. Does this info also pertain to deed in lieu of foreclosure, Chase wants me to sign up and now I think I will just fight all the way. You really summed it up……terri

  144. john-charles, on November 13, 2010 at 6:53 am said:

    It’s curious how Neil Garfield claims he ‘doesn’t need to do this work’. If so, then why would he ignore three requests to cancel a monthly subscription, and go take $50 from my Social Security funds? I emailed him on Monday, saying ‘I can’t find an unsubscribe button, would you please unsub me and confirm.’ I got no response. On Tuesday I called, and again on Wednesday, asking to cancel my subscription and to give me a confirmation call. The result? $50 taken on 11/12. Thanks, Neil!!!
    Now I have to call the bank to hopefully get a refund and cancel my debit card, which as you all know is a pain in the butt. Thanks again.

  145. Loretta, on November 10, 2010 at 8:46 pm said:

    I am trying to get the information needed to stop a foreclosure and or file a motion to pursue quiet title.
    Is the info in the 600 page booklet what im looking for?

  146. Harold Olmstead, on November 10, 2010 at 8:26 am said:

    VERY SCARY: Mortgage Fraud Deposition

    http://www.roadtoroota.com/public/444.cfm

    You have got to Love this deposition!

  148. KimThomas, on October 22, 2010 at 7:42 pm said:

    MA.& RI & CT.IF YOUR HOME HAS BEEN FORECLOSED ON CALL US WE WILL MAKE IT RIGHT FOR YOU. WE CAN HELP YOU RIGHT AWAY! NO FAMILY LEFT BEHIND! BUDGET PLANS FOR EVERYONE.WE CAN HELP YOU STAY IN YOUR HOME. THE BANKS MADE A LOT OF MISTAKES IN THE PAPERWORK AND WE OFFER TO FIND THEM.FREE CONSULTATION ON ANY LEGAL MATTER.CALL KIM THOMAS 401-352-5609 or 401-274-1905. WE CAN HELP THE LAW OFFICES OF GEORGE E.BABCOCK ………………………………………………………………………ESQUIRE. CHECK OUT OUR WEBSITE: http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.babcocklawoffices.com%2F&h=911e4
    IF YOU HAVE A MERS WHICH STANDS FOR MORTGAGE ELECTRONIC REGISTRATION SERVICES WHICH WOULD BE IN MOST CASES ON THE 1ST PAGE OF YOUR MORTGAGE PARAGRAPH C. CALL KIM THOMAS OR GEORGE BABCOCK AT 401-274-1905 AND GET RELIEVE FROM YOUR PROBLEM!

  150. Gary Sund, on October 10, 2010 at 8:44 pm said:

    Do you practice debtors rights in Mass. ?
    If not can you direct me to someone please ?

  151. KimThomas, on October 9, 2010 at 2:27 pm said:

    MA.& RI & CT.IF YOUR HOME HAS BEEN FORECLOSED ON CALL US WE WILL MAKE IT RIGHT FOR YOU. WE CAN HELP YOU RIGHT AWAY! NO FAMILY LEFT BEHIND! BUDGET PLANS FOR EVERYONE.WE CAN HELP YOU STAY IN YOUR HOME. THE BANKS MADE A LOT OF MISTAKES IN THE PAPERWORK AND WE OFFER TO FIND THEM.FREE CONSULTATION ON ANY LEGAL MATTER.CALL KIM THOMAS 401-352-5609 or 401-274-1905. WE CAN HELP THE LAW OFFICES OF GEORGE E.BABCOCK ………………………………………………………………………ESQUIRE. CHECK OUT OUR WEBSITE: http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.babcocklawoffices.com%2F&h=911e4
    IF YOU HAVE A MERS WHICH STANDS FOR MORTGAGE ELECTRONIC REGISTRATION SERVICES WHICH WOULD BE IN MOST CASES ON THE 1ST PAGE OF YOUR MORTGAGE PARAGRAPH C. CALL KIM THOMAS OR GEORGE BABCOCK AT 401-274-1905 AND GET RELIEVE FROM YOUR PROBLEM!

  152. Ann, on September 19, 2010 at 2:14 pm said:

    S. Florida Foreclosure Defense Attorney Dillon Graham Named As “Florida Legal Elite”
    —————————————————————
    Dillon Graham of Graham Legal Tel 305-445-9185

    has won the distinction of being listed in Florida Trend’s Florida Legal Elite 2010, a distinction only 1.8% of active and practicing lawyers in Florida achieve .

    http://www.prlog.org/10871686-attorney-dillon-graham-named-as-florida-legal-elite.html

    FOR IMMEDIATE RELEASE

    PRLog (Press Release) – Aug 19, 2010 – Attorney Dillon Graham has recently been named to Florida Trend’s Florida Legal Elite 2010 for his work in foreclosure defense and civil trial. With a comprehensive process, Florida Legal Elite works to create a directory of the cream of the crop of active and practicing lawyers throughout the state.

    Florida Trend first begins the process by sending out ballots for the year’s list in October of the year before, as well as posting deadlines and guidelines in the Florida Bar News. Lawyers are then asked to send in recommendations as to who they hold in high regard or who they would recommend to a friend. Ballots are tabulated, lawyers receiving one point for nominations from within their firm and three from outside recommendations. This list is then further examined and processed by previous Legal Elite using memberships and histories of the lawyers to come to the final group of attorneys. Of the 64,000 active lawyers, only 1,160 are placed on the list, a mere 1.8% of attorneys in the state.

    Dillon Graham has an impressive track record which has placed him in a prime position to be part of this elite group of lawyers. With over twenty years of experience and a rich background in civil trial, Graham has devoted his last two years to assisting those in danger of foreclosure http://www.foreclosurelawmiami.com/. By working tirelessly to defend homeowners and applying his extensive knowledge of evidence, trial and legal proceedings, to date, he has never once had a client receive a foreclosure on their property.

    Beyond the honor of being named to the Florida Legal Elite 2010, Graham has received nods from several organizations for his exemplary legal career. He has previously been listed in “Who’s Who in American Law” and has a peer-review rating of “AV” by Martindale-Hubbell. If you or a loved one are currently facing foreclosure and are in need of creative, aggressive legal representation, do not hesitate to contact him today.

    Graham Legal, P.A. is a law firm located in Miami, Florida that focuses on protecting homeowners against foreclosure. By specializing in this one kind of law, they are able to offer comprehensive and dynamic legal advice. Dillon Graham, founder of the firm, has received some of the most prestigious honors available, and applies his extensive civil trial experience to his work of defending against foreclosure. By devoting himself completely to client success and continually working to further his education and stay on the cutting edge of new information, he is able to offer his clients high quality legal guidance. For more information about the firm and what they can do for you, please visit: http://www.foreclosurelawmiami.com/.

  153. anthony, on September 17, 2010 at 12:39 pm said:

    This great info; does anyone know where in Texas I can find a pro bono attorney? Things are moving fast, my court date for the eviction appeal is set for 9/28/10. Need help asap!!!!

  154. Jim Walden, on September 15, 2010 at 1:54 pm said:

    Is there any remedy for someone who has already lost their home?

    Thank you!

  155. Ron Houchins, on September 10, 2010 at 6:07 am said:

    Pro se litigants should review their assignment of mortgage. We have had success getting foreclosures dismissed due to fraudulent assignments, especially in FL. Now that the FL AG is investigating 5 large foreclosure mills for fraud, this may be the time to act to get your foreclosure dismissed if there is evidence of fraud. Anyone needing assistance please feel free to call me at 706-416-8333 or email me at ronhouchins@live.com.

  156. gloria sunset, on September 7, 2010 at 12:25 pm said:

    Friday night someone taped a notice to quit on the mailbox
    dated the day before (Thursday)
    There was an attorney’s name on it
    and a phone # that goes to a furniture store.
    I didn’t call it, but looked it up online.

    Does this mean anything?
    Is it legal?

    It tells my former landlord/roommate he has 3 days to get
    out and any tenant has 90 days.
    It says that if ‘you’ are not named above, call this #.

    The ‘signature’ is barely a bump of a scribble

    I think it is just harassment or a trick.
    It certainly isn’t a legal paper that I can respond to in
    a court of law according to due process.

  157. frederick bittnere, jr., on September 6, 2010 at 1:33 pm said:

    regarding baum and other civil rico cases, is there such a thing as a pre-litigation demand letter, and if so can you refer me to a sample form for same?

  158. Gloria Sunset, on August 23, 2010 at 9:44 am said:

    Dear Mr. Garfield,
    I have lived as a tenant for the past 16 years in the lower
    portion of a two story house in Orange County, California.

    The landlord lived upstairs.

    My only proof of my circumstances is 3 written and signed
    declarations for my landlord’s wife’s bankruptcy case, all
    signed last July 2009, but not notorized. However, he had
    me scan these declarations, send them to him, and he sent
    them from his email address to her attorney.

    A portion of his declaration reads:
    4. I have not lived not stayed with my wife since 1995 or 1996.
    5. Since 1995 or 1996 I have rented the lower floor in the two
    story house owned by me, which is located at ——- to (my name).

    On my declaration, I crossed out those dates and put in
    December 1994 which is the time I moved in.

    I have been told by legal aid that I do not qualify for Obama
    2009 politics which defines a bonafide tenant because
    1. The landlord lived on the premises
    2. I did work in exchange for rent (taking care of 4 dogs that
    were running wild, housework, yard work, etc.) I bought supplies
    and toward the end, the last 5 years, the last remaining dog
    required almost constant attention. He died last week.

    There have been no moves by the lender OCWEN since
    the property reverted back to the beneficiary at auction.

    Except for two huge men that confronted me from the driveway
    one evening. I heard my dog barking and the two men were
    standing outside the gate to the yard which I keep locked.
    One of them started firing questions at me.
    Who are you, do you live here, do you live here alone?
    I told him I didn’t know who he was and wasn’t answering any
    of his questions.
    He was holding a paper with two fingers and told me I HAD
    to call the # in Northern California because some man was
    ‘in possession’ of the property now.
    I went in the house with the dog.
    He told the other man to “take a picture”
    I am assuming the 2nd man was supposed to take a picture
    of him handing me the paper which didn’t happen.
    He left the flyer in the mailbox sticking out.

    I did not contact the person on the flyer.
    This certainly wasn’t a legal procedure and I did
    not appreciate the lender sending two thugs to
    intimidate me.

    How do I fight an eviction and make a case for status
    as bonafide tenant as a unique situation?

    Thanks!
    PS Legal aid first told me in July that I would have 90 days
    after a written notice. The paralegal followed the information
    in Nolo Press to a “T”
    He said that the lender would send a 3 day eviction notice
    to the owner, that I should call and tell them I am living here
    and am a tenant. The lender has 2 responses to that, either
    issue an eviction notice in my name giving me 3 days or issuing
    a 90 day notice. If they send a 3 day notice, the senior legal
    aid would represent me in court.

    After the two men came, I called legal aid again to tell them.
    I got a different paralegal / attorney team. This time the story
    was totally different. The paralegal reamed my ass for not
    taking the paper immediately and telling the men all about myself
    and told me to call that number and not give the lender a hard
    time and try to drag this out!

    So much for legal representation for a senior in Orange County,
    California! I felt like the guy was representing the lender!
    I was horrified and thrown into a personal state of anxiety that
    you wouldn’t believe.

    This was complicated by the fact I was caring for a very ill
    dog who died two days later.
    It’s been very unnerving living here after all that.

    My problem is that I can’t find a place to live. Summer is the
    worst time to find a place along the coast. The prices are to
    the moon. Plus I am not working. I am a full time student at
    the age of 62 and going into a master’s program in a college
    that is paying my tuition, but I have to borrow Federal loans
    to continue which aren’t all that much for surviving the high
    cost of living here. Plus I have a dog that my grandson left
    behind 3 years ago and I will never give up the dog. I would
    live in my car before I did that.

    I do have health problems that have been ongoing because
    I can’t afford to pay for dental. I recently went to the doctor
    for antibiotics for a persistent bacteria that created an abcess
    on my head and after the thugs came and the dog died, my
    doctor also prescribed an anxiety drug. I’ve never taken such
    a thing, but felt like I could not handle this situation.

    Any advice would be appreciated.
    Senior legal aid is a farce. The first paralegal
    said they would represent me.
    The 2nd one said there was no such thing in the notes.
    I just felt degraded by them.

  159. Jes, on August 21, 2010 at 9:37 pm said:

    I need a lawyer who can represent me to file a lawsuit in Federal Court. for I have a Forensic Audit written complaint, QWR, & a security exchange audit. Also, I would like to file Qui-tam action against MERS and all those inclusives. Please respond quickly.

  160. cheryl, on August 19, 2010 at 6:01 pm said:

    We have a loan with GMAC mortage,with an escrow account. they payed taxes with our escrow on property for two years that was not our property. We tried on several occasions to talk with them on these property taxes and it done no good. we asked for the escrow to be stopped and we would pay our own taxes and insurance they refused ,escrow was not required when we took out the loan. So we refused to pay the escrow , and we payed only our mortage payment , and they accepted it for three months ,.Then they started refusing our payments and started sending the payments back and started foreclosure . And broke into our trailer which we use for a storage building on our property and put new locks on , when catching the young man he explained GMAC had hired him to go in and take pictures and put new locks on the doors. We hired a lawyer to show our proof and they agreed they were wrong,and now they are requesting the 9 payments in one lump sum. They agreed to send a letter of apology to us. We have lost several credit cards due to our credit rating ,refused on a car loan.Our credit is distroyed,we have been broke in on,we feel humilated . We need a lawyer who will repersent us against GMAC in a suit . Can any one recommend a laywer

  161. Gregory, on August 17, 2010 at 10:38 am said:

    To Anthony

    Your Complaint in the Superior court depends on what State you live in. I live in California and I filed a Complaint to Quiet Title which is to get the property back into my name. I also requested that the court allow me to pay $1,500 per month as rent to the Bank while this lawsuit is pending and the Court/Judge allowed this. I was paying $2,500 as mortgage but now I am paying $1,500 as rent which is fine with me because I do not have to leave my home and I am sure that O will win the lawsuit and get the title back in my name. gregory4naca@aol.com

  162. anthony, on August 16, 2010 at 9:47 pm said:

    My mortgage company repeatedly denied our modifications. With thr last mod requests, they denied the HAMP mod, even though we qualified based on my medical condition and income. We were then informed in writing that HAMP is denied but we are placed in review status for another mod and promised that home would not be sold at a foreclosure auction within 30 days of notice. Notice was dated 06/21/10, home was sold at foreclosure auction on 07/06/10 (that’s a couple of weeks). Our home was sold on several occasional, but the first lender was the one that actually foreclosed on the home (no legal standing?) We have received notice that mortgage forced insurance paid off home. (they have double dipped). We have received a 3 day notice to vacate and have since gone to the eviction hearing. The judge would not evict after viewing our evidence and postponed hearing to give us time to seek legal advice. Hearing reset for 8/24/10. What are the steps in filing a lawsuit if I decide to take on the ` pro se’ role. If there is an attorney interested in this case, please let us know. What forms are needed to filing a wrongful foreclosure which violates TILA, ECOA, RESPA, AND HOEPA. ANY AND ALL HELP IS GREATLY APPRECIATED!!!

  163. Ms. Riley, on August 11, 2010 at 6:01 am said:

    IMy home was was sold at trustees sale over 1 year ago, Fanne Mae resumed the loan and i have not moved out yet. They have taken me to court twice and today will be a third time. I cant afford an attorney. Do just give up fighting and walk away or do I have any recourse of action. I keep getting eviction notices but nothing comes of it. I was never personally summons with forclosure papers or with notice of sale. PLEASE HELP with any advice. Thank you, soon to be homeless……..

  164. Jenny, on August 9, 2010 at 6:25 pm said:

    Ruth,

    I went to the recorders office in Sac, found all the doc’s showing gmac did not own the loan when they foreclosed. I filed bk chap 13 now the bk attorney can argue in Federal court all the info. I found downtown. U could also file in Federal court as well.

    I was scammed by usla, they could have found all the info. but failed to do so.

  165. Ruth D., on August 6, 2010 at 11:44 pm said:

    Neil, please help me out here:

    I am in CA, which is non-judicial. The judicial system here favors the banks, not the homeowners (as is the case nationwide from what I hear).

    (1) Is is true that you can shut down a SJ from the bank if you insist they prove “capacity” and “standing” to even bring such a claim based on their producing the endorsed note in its “present form”, and if an allonge is present, it must be “glued” to the note, not stapled or clipped, as proof that it is authentic?

    (2) Is it true that we can take our loan docs to the County Recorder’s office and prove that the Trustee “of record” is not the one who filed the foreclosure docs into the public record is incorrect, therefore rendering it invalid at the county level, can we ask/demand the county to rescind the bogus docs and can we request quiet title there at the county without involving the court? We may have to go to court on all the other issues, but at least if this is true or possible, it would get the banks off our backs while we fight the rest of it out in court. Please let me know if any or all of these things are legit or possible. Thank you!
    ~Ruth~

  166. Ruth D., on August 6, 2010 at 11:40 pm said:

    Neil, please help me out here. (1) Is is true that you can shut down a SJ from the bank if you insist they prove “capacity” and “standing” to even bring such a claim based on their producing the endorsed note in its present form, and if an allonge is present, it must be “glued” to the note, not stapled or clipped, as proof that it is authentic? Also, (2) Is it true that we can take our loan docs to the County Recorder’s office and prove that the Trustee “of record” is not the one who filed the foreclosure docs into the public record is incorrect, therefore rendering it invalid at the county level, can we ask/demand the county to rescind the bogus docs and can we request quiet title there at the county without involving the court? We may have to go to court on all the other issues, but at least if this is true or possible, it would get the banks off our backs while we fight the rest of it out in court. Please let me know if any or all of these things are legit or possible. Thank you!
    ~Ruth~

  167. Chris, on August 6, 2010 at 9:22 am said:

    Download a Loan Audit “Special Report” ($50 Value) for Free!

    Investigate Your Loan With A Forensic Loan Audit!

    A Forensic Audit is a detailed investigation of your loan documents. The investigation is done by experienced auditors, who are well versed in the Federal laws that protect consumers and guide lending practices.

    Typical predatory loans will have high interest rates, balloon payments, prepayment penalties, adjustable rates, and a host of other sins, but that is only the surface layer. If you have even one of those items, then you have probably got loan documents that are layered with violations of UCC, TILA, RESPA, HOEPA, ECOA and FRAUD.

    Predatory Lending
    Predatory lending is a term used broadly to refer to various illegal and immoral activities many lenders engage in. These practices are a major cause of foreclosures, poor credit and unmanageable financial burdens.

    It is often the reason you will hear lenders try to discourage the use of firms such as ours, they would prefer not to have to deal with trained professionals, who can perform forensic document reviews and address such violations. Let’s face it, they’d rather just have you pay them without having to deal with all the fall out of a predatory loan.

    For almost a decade, borrowers have been put into predatory loans. Typically, the borrower is completely unaware of the fact that he is suffering today because the actual loan itself is of a predatory nature. Federal laws and guidelines were established as early as 1968 to protect the consumer from such loans and lending practices.

    Although the typical signs of predatory loans are not hard to identify, it is not enough to tell your lender that your loan is predatory or violates your federally protected consumer rights. You have to get a forensic loan review completed to make your case.

    Forensic Audits Reveal the Problems to Both Parties
    When a Forensic Audit is done, a homeowner is finally able to show the real reasons behind his inabilities to pay or continue to maintain payments to his lender. It lies in the predatory nature of his loan.

    When you can reveal to your lender all the violations that exist in your loan, not only have you shown him why you have struggled with the payments, but you have shown him the problems he as the lender has too. The desire to solve the problem is stronger for both parties.

    Successful Negotiations can only be conducted once both the homeowner and the lender are fully informed on the problems the lender is faced with. A loan that violates TILA, RESPA, ECOA and is more than likely full of fraud, is a great risk to a lender. It is in the lender’s best interest to get this situation resolved and it is in both parties best interest if these violations can be resolved through the loan mod process instead of the legal process.

    The Best Possible Results
    If you want the best possible result for loan mod or short sale negotiations. If you want the best possible treatment and timely responses from your lender. Do not even attempt a loan mod or short sale until you have gotten a Forensic Loan Document Review.

    If you or someone you know is in need our our help, give us a call to speak to one of our expert forensic loan auditors.

    http://LoanAuditReport.com
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  168. KimThomas, on August 4, 2010 at 8:13 am said:

    WE CAN HELP! NO FAMILY LEFT BEHIND! BUDGET PLANS FOR EVERYONE.WE CAN HELP YOU STAY IN YOUR HOME. POSSIBLY GET PRINCIPAL REDUCTION AND IN SOME CASES INTEREST RATE DEDUCTIONS. THE BANKS MADE A LOT OF MISTAKES IN THE PAPERWORK AND WE OFFER TO FIND THEM.FREE CONSULTATION ON ANY LEGAL MATTER.CALL KIM THOMAS 401-352-5609 or 401-274-1905. WE CAN HELP THE LAW OFFICES OF GEORGE E.BABCOCK ………………………………………………………………………ESQUIRE. CHECK OUT OUR WEBSITE: http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.babcocklawoffices.com%2F&h=911e4
    IF YOU HAVE A MERS WHICH STANDS FOR MORTGAGE ELECTRONIC REGISTRATION SERVICES WHICH WOULD BE IN MOST CASES ON THE 1ST PAGE OF YOUR MORTGAGE PARAGRAPH C OR YOU HAVE A MORTGAGE WITH INDYMAC OR ONE WEST BANK CALL KIM THOMAS OR GEORGE BABCOCK AT 401-274-1905 AND GET RELIEVE FROM YOUR PROBLEM!

  169. KimThomas, on July 31, 2010 at 9:30 am said:

    NO FAMILY LEFT BEHIND! BUDGET PLANS FOR EVERYONE.WE CAN HELP YOU STAY IN YOUR HOME. POSSIBLY GET PRINCIPAL REDUCTION AND IN SOME CASES INTEREST RATE DEDUCTIONS. THE BANKS MADE A LOT OF MISTAKES IN THE PAPERWORK AND WE OFFER TO FIND THEM.FREE CONSULTATION ON ANY LEGAL MATTER.CALL KIM THOMAS 401-352-5609 or 401-274-1905. WE CAN HELP THE LAW OFFICES OF GEORGE E.BABCOCK ………………………………………………………………………ESQUIRE. CHECK OUT OUR WEBSITE: http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.babcocklawoffices.com%2F&h=911e4
    IF YOU HAVE A MERS WHICH STANDS FOR MORTGAGE ELECTRONIC REGISTRATION SERVICES WHICH WOULD BE IN MOST CASES ON THE 1ST PAGE OF YOUR MORTGAGE PARAGRAPH C OR YOU HAVE A MORTGAGE WITH INDYMAC OR ONE WEST BANK CALL KIM THOMAS OR GEORGE BABCOCK AT 401-274-1905 AND GET RELIEVE FROM YOUR PROBLEM!e

  170. Sharon, on July 28, 2010 at 6:19 pm said:

    when i filed into court an opposition to them compelling me to answer their darn interrogatories and that i was the creditor and for me to answer those darn questions as a debtor would be perjurying myself .. along with this filing, i also entered my exhibit A which was a copy of a promissory note that had been stamp’d on the back to show that notes are altered.

    since i have learned filing into court is on the public side, and the p.note with the stamp that altered it and voided it.. was on the private said.

    what form do i file now to pull that p note out of public to keep it in private as i have also learned that i should have just put it into an envelope , marked it private and told them to put it into the judges file for him to see. thus keeping it in private but alerting him that i know the true fact..

    what form do i file to fix this?

  171. links I like | recall city council, on July 24, 2010 at 2:54 pm said:

    […] FORECLOSURE DEFENSE FORMS […]

  172. TW, on July 20, 2010 at 2:41 pm said:

    Need help in FL or CA from an experienced atty that
    GETS IT…see recent Taylor Brief in the 5th DCA of FL http://gingolaw.com

  173. Rondale Pritchett, on July 19, 2010 at 7:26 am said:

    if there is anyone in danger of losing their home please have them contact the law offices of Farrel R. Donald. He and his defense team are great at foreclosure defense. You can contact them at (646) 395-0458 or email @ adennis27@aol.com.

  174. KimThomas, on July 17, 2010 at 8:35 am said:

    NO FAMILY LEFT BEHIND! BUDGET PLANS FOR EVERYONE.WE CAN HELP YOU STAY IN YOUR HOME. POSSIBLY GET PRINCIPAL REDUCTION AND IN SOME CASES INTEREST RATE DEDUCTIONS. THE BANKS MADE A LOT OF MISTAKES IN THE PAPERWORK AND WE OFFER TO FIND THEM.FREE CONSULTATION ON ANY LEGAL MATTER.CALL KIM THOMAS 401-352-5609 or 401-274-1905. WE CAN HELP THE LAW OFFICES OF GEORGE E.BABCOCK ………………………………………………………………………ESQUIRE. CHECK OUT OUR WEBSITE: http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.babcocklawoffices.com%2F&h=911e4
    IF YOU HAVE A MERS WHICH STANDS FOR MORTGAGE ELECTRONIC REGISTRATION SERVICES WHICH WOULD BE IN MOST CASES ON THE 1ST PAGE OF YOUR MORTGAGE PARAGRAPH C OR YOU HAVE A MORTGAGE WITH INDYMAC OR ONE WEST BANK CALL KIM THOMAS OR GEORGE BABCOCK AT 401-274-1905 AND GET RELIEVE FROM YOUR PROBLEM!See More

  175. Jose, on July 15, 2010 at 11:31 am said:

    Hi to everyone I’m from San Francisco California does any body knows a good lawyer in the bay area foreclosure lawyer .I got a lawyer to modify my loan and she took my money I pay her $6,200 and the other day I found a note in my door that my home was repo by the Bank and I only have 5 day respond what I did is I sign for chapter 13 so the bank was force to reverted the reposession but I still havenot resolved the problem. and my lawyer is someplace in southern california with my money . I cannot get on touch with her so i’m just about to lose my home of 15 year with the same Bank WELLS FARGO anybody knows any case in the bay area please communicate with via e- mail ( tonny512@yahoo.com )

  177. Will, on July 12, 2010 at 9:11 pm said:

    http://securities.stanford.edu/1042/RBS_01/

    http://www.cmht.com/cases/232/harborview-mbs-litigation

    Royal bank of Scotland AKA Greenwich Financial with Dueltch as trustee and Wells Fargo as master service. The wost of the bunch

  178. Smooly, on July 10, 2010 at 12:40 am said:

    Oregon also has a law that mandates that the Note holder must record their assignment in the county records in order to foreclose.

    O.R.S. 86.735 Foreclosure by advertisement and sale. The trustee may foreclose a trust deed by advertisement and sale in the manner provided in ORS 86.740 to 86.755 if:
    (1) The trust deed, any assignments of the trust deed by the trustee or the beneficiary and any appointment of a successor trustee are recorded in the mortgage records in the counties in which the property described in the deed is situated; and

  179. Scott Johnson, on July 7, 2010 at 6:34 am said:

    I’d like to know if there is any information here for the Big Political Corrupt State of Illinois or lawyers, who ‘Get It’ in Illinois. I always see a lot of info for other states on here, but nothing for Illinois.

    I know lawyer Jessop in Illinois doesn’t get it! I found his name listed and he never responds back.

    What defense forms on this site will work in the State of Illiinois?

  180. ALI, on June 27, 2010 at 1:26 pm said:

    WHAT ABOUT A LAWYER IN CALIFORNIA?

  181. Rondale Pritchett, on June 21, 2010 at 9:49 am said:

    Hey Sally you can contact the law offices of Farrel R. Donald. He and his defense team did a wonderful job at stopping my foreclosure and i just wanted to recommend them. You can contact them at (646) 395-0458 or email @ adennis27@aol.com.

  182. KimThomas, on June 13, 2010 at 12:19 pm said:

    Sally I do not know where you are from but you can call our office at 401-274-1905 and we can lead you in the right direction.Please in cude and email or pfhone # so we may respond. Thanks Kim Thomas

  183. Sally Lok, on June 12, 2010 at 3:27 am said:

    Any attorney that can help with Foreclosure, please contact me

  184. KimThomas, on June 7, 2010 at 6:48 am said:

    Representing Rhode Island & Massuchusetts call George E.Babcock Esquire at 401-274-1905 We have 100’s of cases where people are still in their homes.
    For an attorney that gets it call for a free consultation.

  185. Rondale Pritchett, on June 7, 2010 at 6:41 am said:

    If there is anyone living in the NY, NJ or Conn area looking for a great foreclosure defense lawyer please have them contact the law offices of Farrel R. Donald. He and his defense team are great at foreclosure defense. You can contact them at (646) 395-0458 or email @ adennis27@aol.com.

  187. Ann, on June 5, 2010 at 6:26 pm said:

    Cary,
    Send me your e-mail, I will send you instruction of How to find the Trust your loan may be sold into.

  188. anonyomus, on June 3, 2010 at 12:54 pm said:

    please help, my house sold today at auction..for $100 what can be done to stop it. I am in florida and I understand there is a 10 day right of recission. I was court ordered mediation and the bank refused to co-operate, the atty I have is not doing anything. They asked one day before to stop the sale for another mediation and the judge denied it. They are telling me to move out within 2 weeks…they never did anything other than ask for mediation.
    The woman who represented the banks side I am sure did not have the means to change anything, other than say, denied. I need an atty that will fight this and can get results..please help
    reesemay@gmail.com

  189. Rondale Pritchett, on May 30, 2010 at 9:13 pm said:

    Hey guys it looks like you might need some legal assistance. I want to recommend that you contact the law offices of Farrel R. Donald. If you need a great foreclosure defense atty and you live in the NY, NJ or Conn area please contact the law offices of Farrel R. Donald. He and his defense team are great at foreclosure defense and i just wanted to recommend them because they stopped my foreclosure. You can contact them at (646) 395-0458 or email @ adennis27@aol.com.

  191. Gregory, on May 30, 2010 at 10:26 am said:

    I recently logged into Pacer and I downloaded a Chapter 11 Bankruptcy case where the debtor owns 9 homes from California to New York. The Bankruptcy Judge approved his Chapter 11 Plan which allowed the debtor to Cramdown his 1st, 2nd and 3rd TD notes to the fair market value of his properties. Also allowed him to pay 2% interest only payments on the reduced principal amounts for 5 years and then the post I/O payments after 5 years are increased to 4% for 40 years. The unsecured amounts of the cramdown the debtor pays zero. Therefore the 2nd gets nothing, the 4rd gets nothing and even the 1st is reduced to the fair market value.
    The Case number is 08-bk-16828-MT filed on 09/10/2008 in California.

  192. DELOREZ, on May 25, 2010 at 12:42 am said:

    Need guidance. Relative home was illegally foreclosed. Scondary conducted bogus default and/or auctionf home. loan re-modiication came one week after home was forclosed. Seondary would not work with paying a mere $5,ooo.oo. Primary, informed relative to ignore eviction papers. Recieve a judgement against himself Second elative was evicted, also. He was a rental of the property. He was promptly, kicked out as well. He never recieved any paperwork from the court. Fast forward. Second relative received notice of his vehicle, being old at auction, after toing it without informing either, relative. A mercedes and a mutang were never reported to homeowner, of having liens placed onthem. Nor was home-owner informed of what happened to the contents of the basement of the house, or items, stored in the garage. Picture of household items, only were taken. Movers, claim, to not know where furnishings are? However, withn one day, everything will be sold at auction? What can we do. We tried bankruptcy, which halted nothing.

  193. DELOREZ, on May 25, 2010 at 12:32 am said:

    One week before loan remodifiction. house was foreclosed. Secondary lenders refused to wok with my relative. The primar is being sued. (glee I wonder why?) At any rate, after being told by the primary, to ignor eviction papers, that they were just tryig to scare the relative. Relatve, was evicted. A second relative,had a rental agreement. Yet, was also, evited without being informed? he house was emptied of all its contents. Just recently, th reltaive was informed that all would head for the auction. No mention of a Mercedes and a mustang car. Nor items in the basement of the house, nor items kept in the garage? Pictures were taken of items in the main house only. Less than one week from being sold, the relatives are informed items will go to auction, if not paid. second relative recieved notice of vehicle, haing a lien placed on it. Steps to take to prevent sale. No such notice was given to home owner? House, is on the market, yet, has not had any offers. House was illegally forclosed how can we get it back?

  194. cary rayle, on May 24, 2010 at 8:51 am said:

    I want to audit my mortgage and find out who “own’s” my loan. I used to be a loan officer and have a general understanding of what securitization is. Can you tell me what work book I sould order to be able to audit my own loan?

  195. Rondale Pritchett, on May 20, 2010 at 7:43 am said:

    If there is anyone living in the NY, NJ or Conn area looking for a great foreclosure defense law firm please have them contact the law offices of Farrel R. Donald. He and his defense team are great at foreclosure defense and i just wanted to recommend them. You can contact them at (646) 395-0458 or email @ adennis27@aol.com.

  196. Abby in CA, on May 12, 2010 at 5:08 am said:

    MSoliman

    Your Corbett case citing from your post is incorrect and worn out!

    First of all, there is NO county of Vallejo in California and the case was certainly not in Los Angeles Superior Court.

    Additionally, Corbett is still struggling and fighting in court!!

    MSoliman-don’t waste our time by posting crap!

    Your Post:
    Aurora Loan Services Vs Corbett
    [We won]
    Los Angeles Superior Court
    In the County of Vallejo
    Matter involving an unlawful Detainer
    The courts determined the lender lacked
    sufficent standing to bring a right of possession

    Decision: Defendant;/ Ruled with Prejudice
    Expert Witness: M.Soliman
    expert.witness@live.com

  197. RONDALE, on May 10, 2010 at 4:32 pm said:

    Hi guys, if there is anyone living in the NY, NJ or Conn area looking for a great foreclosure defense law firm please have them contact the law offices of Farrel R. Donald. He and his defense team did a wonderful job at stopping my foreclosure and i just wanted to recommend them. You can contact them at (646) 395-0458 or email @ adennis27@aol.com.

  198. Ann, on May 9, 2010 at 4:44 pm said:

    Well Mr. Soliman, go to the Court House and watch the Foreclosure hearings, you will see if I am wrong or right. The Court Hearings are public, everyone can go.

    I watch these Hearings every week. Although I must say that lately thanks to the discovery of fraud documents from the Foreclosure Mills, the Court is more careful to grant the Bank the Summary Judgment. In Florida now the Bank has to file Verify Complaint to state that they are owner of note and party of interest to foreclose.

  199. msoliman, on May 8, 2010 at 11:00 pm said:

    MOST COMPELLING ARGUMENT FOR WHAT IS HAPPENING BEHIND THE SCENE

    The single most important judicial component of evidence i have seen in every case is the deed upon sale. Therein you have a cluster of damning evidential material available to your case.

    Each sale is conducted in accordance with a trustee selling the property subject to the deed of trust provisions (CA and POS States).

    First the sale shows where the beneficiary (lender) and transferee (buyer) are one in the same. Therefore the lender is buying back the subject property from itself. If no bidders are involved then the trustee merely “assigns” back the property to the beneficiary under the terms of the deed of trust.

    ARGUMENT: The sale is NOT conducted in coordination with a trustee in the true sense of the word. By its own admission it is a debt collector or collection agency.

    ARGUMENT: The Beneficiary is not a true beneficiary until time of sale

    ARGUMENT: The sale is a beneficiary’s tool to reestablish basis. By its own admission these toxic assets were charged off (loss) and have no basis whatsoever. The beneficiary reestablishes its capitalization (dollar amount) in the asset equal to your loan.

    ARGUMENT: If the above is correct then the beneficiary and or its trustee never had the chance to take to sale the asset. That is unless the debt collector is picking up a valueless “orphaned” asset and marketing it at a new basis determined at bid whereby it is acting as a collections company.

    ARGUMENT: A credit bid is not allowed if the no bids are entered and whereby the lender already has set the bid. Credit bids are in escalating markets where the lender can protect assets it anticipates owning as an REO.

    Now, here is the best part of this puzzle. Companies experiencing financial distress may use the bankruptcy “process” to sell their assets “free and clear” of liens pursuant to section 363 of the Bankruptcy Code.

    Accordingly they then may pay the net sale proceeds over to their secured creditors. They reestablish basis, you see.

    This in effect would also them to protect secured creditors “Investors” whose collateral is being sold by enabling secured creditors to “credit bid” their claims at a section 363 sale to protect against a sale at what the creditors perceive is a below-market price.

    I don’t mean to make light of the fact many of you are finding a forged document or misrepresentation. But you are going to see the courts lack of tolerance for these claims if there is no substance behind the cause for the fraud.

    Here my initial thoughts are correct. The credit bid is to reestablish basis in an asset charged to zero.

    These arguments fall under the SEC enforcement and will bring the commission into the investigation in a matter that actually has teeth.

    MSoliman
    Expert.witness@live.com

  200. msoliman, on May 8, 2010 at 9:37 pm said:

    Ann
    Pro-Se usually lost at the Hearing because the Plaintiff Lawyer knows what to say to beat the Pro Se no matter how good the Pro Se written motion is

    NOT TRUE……NOT TRUE AT ALL…..Maybe the appeal or motion to set aside.

  201. msoliman, on May 8, 2010 at 9:34 pm said:

    Aurora Loan Services Vs Corbett
    [We won]
    Los Angeles Superior Court
    In the County of Vallejo
    Matter involving an unlawful Detainer
    The courts determined the lender lacked
    sufficent standing to bring a right of possession

    Decision: Defendant;/ Ruled with Prejudice
    Expert Witness: M.Soliman
    expert.witness@live.com

  202. Ann, on May 2, 2010 at 4:41 pm said:

    Charlie,
    The post below is a sample of the Motion to Dismiss if the Florida Case is filed after the Supreme Court order Feb 11 required Plaintiff to submit verified complaint proving ownership of the note.

    If you go to the hearing Pro-Se,

    1. Go to the Hearing with a Court Reporter. Cost is about $100 or so. With the reporter present, the Plaintif lawyer can’t just say anything to roll you over. The Judge will have to be fair to you because all will be recorded. In case you want to appeal later, Appeal court won’t hear your case without Hearing transcript as evidence.
    If the Judge denies your motion, ask him “Your Honor, for the record, please give me the reason why you deny my motion”. By doing so, you have all info recorded by court reporter.

    2. If you cite Case law in your Motion, you should have copies of each case law, one copy for you , one copy for the Plaintiff lawyer and one copy for the Judge ready. If the Judge ask you to provide the copy of your cited case law and you don’t have it, it will be difficult for the Judge to grant your Motion.

    If the Plaintiff’s lawyer cite his case law, ask him a copy and ask the Judge allow you time to read it. If you think his case law may beat your case law, ask the Court a Recess so you can study it . In general The Judge will allow you the recess.

    Pro-Se usually lost at the Hearing because the Plaintiff Lawyer knows what to say to beat the Pro Se no matter how good the Pro Se written motion is. The verbal agurment at the Hearing requires legal expertise and deep knowledge of the law.

    That is the reason why I hire a lawyer to defend me although I can write or have all kind of good pleading samples and I am a law student myself. I know many Foreclosure Defense Lawyers in Florida whose fee is very affordable and good payment plan. Check this option before you go to a hearing yourself. Your house is too good an investment to take the risk losing it.
    Go to the Cour House to observe the Foreclosure Hearing. It will be quite an experience!!

  203. Ann, on May 2, 2010 at 4:19 pm said:

    IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT,
    IN AND FOR PINELLAS COUNTY, FLORIDA
    CIVIL DIVISION
    NATIONSTAR MORTGAGE LLC, CASE NO.
    PLAINTIFF,
    v.
    YYYYYY, DEFENDANT.
    DEFENDANT’S MOTION TO DISMISS ACTIONIMOTION FOR MORE DEFINITE STATEMENT COMES NOW, the Defendants YYYYYYYYY (hereinafter “Defendants”) by and through the undersigned counsel MATTHEW D. WEIDNER and respectfully moves this Court to DISMISS WITH PREJUDICE the above entitled civil action, pursuant to Rules 1.420(b) and 1.11O(b) Fla. R. Civ. P., and precedent case law, and in support thereof states: FACTS
    1. This is an action for foreclosure of residential real property owned by the Defendants.
    2.
    The named Plaintiff in this case is ABC (hereinafter “Plaintiff’). The Plaintiff initiated this action when it filed its complaint on or about April 20. 2010.
    3.
    The Plaintiffs complaint is devoid of any oath, affirmation, or verification statement which should state “under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief’ as mandated by Fla. R. Civ. Pro. 1.11 O(b).
    4. Upon information and belief, the Plaintiffs counsel deliberately chose to not include
    such an oath, affirmation, or verification statement in the complaint.
    5.
    The Plaintiffs counsel has been warned repeatedly by defense attorneys across the state, including your undersigned counsel, of their failure to include this information in foreclosure complaints filed by their firm. Nevertheless, to date, the Plaintiffs counsel has refused to provide any reasonable justification, either in this case or in any case known to your undersigned counsel, for their failure to abide by the express mandate of Rule 1.11 O(b).
    6.
    Moreover, upon information and belief, the Plaintiff itself has manifested to its counsel, either directly or indirectly, that counsel should not comply with Rule 1.11 O(b) for reasons herein unknown.
    STANDARD OF REVIEW
    7.
    In ruling on a defendant’s motion to dismiss, a trial court is limited to the four corners of the Complaint, and it must accept all the allegations in the Complaint as true. See Lutz Lake Fern Rd. Neighborhood Groups, Inc. v. Hillsborough County, 779 So.2d 380, 383 (Fla. 2d DCA 2000).
    8.
    A motion to dismiss tests whether a plaintiff has stated a cause of action. Crocker v. Marks, 856 So.2d ] 123 (Fla. 4th DCA 2003).
    MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT’S MOTION
    I. The Plaintiff’s Complaint Should be Dismissed for Failure to Attach a Verified Complaint
    a. LegalStandards
    9. Fla. R. Civ. Pro. 1.420(b) provides, in pertinent part, that “[a]ny party may move for dismissal of an action or of any claim against that party for failure of an adverse party to comply
    with these rules or any order of court.” Thus, any judgment which is not in compliance with the
    Florida Rules of Civil Procedure is null and void.
    10.
    The dismissal of action or claim for failure of an adverse party to comply with the Rules of Civil Procedure or any order of the court operates as an adjudication on the merits. ==”–‘-‘Airport Mini-Storage, 782 So.2d 983 (Fla. 3d DCA 2001).
    11.
    In Kozel v. Ostendorf, 629 So.2d 817 (Fla. 1993), the Florida Supreme Court listed six factors which trial courts should use in determining whether to dismiss a case with prejudice and noted that “if a sanction less severe than dismissal with prejudicial appears to be a viable alternative, the trial court should employ such an alternative.” ld at 818. The trial court is therefore allowed other measures of dispute resolution, such as dismissal without prejudice, should the court feel dismissal without prejudice is a more proper remedy.
    12.
    Nevertheless, the six factors listed in Kozel are as follows: (1) whether attorney’s disobedience was willful, deliberate, or contumacious; (2) whether attorney was previously sanctioned; (3) whether client was personally involved in act of disobedience; (4) whether the disobedience prejudiced opposing party; (5) whether attorney offered reasonable justification for noncompliance; and (6) whether the disobedience created significant problems of judicial administration. Id at 818.
    13.
    The Florida Constitution gIves the Florida Supreme Court complete authority to promulgate or rescind the Florida Rules of Civil Procedure. Specifically, Article V, Section 2(a) of the Florida Constitution provides that “[t]he supreme court shall adopt rules for the practice and procedure in all courts including the time for seeking appellate review, the administrative supervision of all courts, the transfer to the court having jurisdiction of any proceeding when the jurisdiction of another court has been improvidently invoked, and a requirement that no cause
    shall be dismissed because an improper remedy has been sought.” See also Ser-Nestler, Inc. v.
    General Finance Loan Co. of Miami Northwest, 167 So.2d 230 (3d DCA 1964) (“Supreme Court is vested with sole authority to promulgate, rescind and modify the Florida Rules of Civil Procedure, which remain inviolate until changed by Supreme Court”), appeal dismissed 174 So.2d 35; State v. Battle, 302 So.2d 782 (3d DCA1974) (“language of the rules promulgated by the Supreme Court of Florida are binding upon the trial and appellate courts”); State v. Lvons, 293 So.2d 391 (2d DCA 1974) (“Supreme Court has right to adopt a rule at variance from its own precedents”).
    14. On February 11,2010 by the Florida Supreme Court amended Fla. R. Civ. Pro. LllO(b)
    to read
    [w]hen filing an action for foreclosure of a mortgage on residential real property the complaint shall be verified. When verification of a document is required, the document shall include an oath, affirmation, or the following statement: Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief. Emphasis added.
    Therefore, mortgage foreclosure action filed after February 11, 2010 must be verified.
    15. The Supreme Court noted that
    [t]he primary purposes of this amendment are: (1) to provide incentive for the plaintiff to appropriately investigate and verify its ownership of the note or right to enforce the note and ensure that the allegations in the complaint are accurate;
    (2) to conserve judicial resources that are currently being wasted on inappropriately pleaded “lost note” counts and inconsistent allegations; (3) to prevent the wasting of judicial resources and harm to defendants resulting from suits brought by plaintiffs not entitled to enforce the note; and (4) to give trial courts greater authority to sanction plaintiffs who make false allegations. In re: Amendments to the Florida Rules of Civil Procedure, No. SC09-1579, (Feb. 1], 2010).
    16. Furthermore, Fla. Stat. §92.525 provides that
    (1)
    When it is authorized or required by law, by rule of an administrative agency, or by rule or order of court that a document be verified by a person, the verification may be accomplished in the following manner:
    (a)
    Under oath or affirmation taken or administered before an officer authorized under s. 92.50 to administer oaths; or
    (b)
    By the signing of the \\-Titten declaration prescribed in subsection (2).
    (2)
    A written declaration means the following statement: “Under penalties of perjury, I declare that I have read the foregoing [document] and that the facts stated in it are true,” followed by the signature of the person making the declaration, except when a verification on information or belief is permitted by law, in which case the words “to the best of my knowledge and belief” may be added. The written declaration shall be printed or typed at the end of or immediately below the document being verified and above the signature of the person making the declaration.
    See also Muss v. Lennar Florida Partners L L.P., 673 So. 2d 84 (Fla. 4th DCA 1996).
    b. Argument
    17.
    Here, the Plaintiff has failed to file a verified complaint. The instant action is one for foreclosure of residential real property which was filed on or about April 20, 20 I 0 and therefore squarely comes within the authority of the revised Florida Rule of Civil Procedure. Nevertheless, the Plaintiff’s Complaint does not contain an oath, affirmation, or the verification statement as required by Fla. R. Civ. Pro. 1.11O(b).
    18.
    A dismissal with prejudice is warranted based upon the six factors set forth by the Florida Supreme Court in Kozel have expressly been met. Specifically:
    1. The disobedience by the Plaintiff’s counsel was willful and deliberate;
    11. While Plaintiff’s counsel may not have been expressly sanctioned for this act, Plaintiff’s counsel has been warned by defense attorneys across the State, including your undersigned counsel, that their action was in violation of Rule
    1. 110(b);
    Ill. Upon information and belief, the Plaintiff itself was involved in the disobedience as it, directly or indirectly, manifested to its counsel to avoid compliance with the Rule
    IV.
    The disobedience unduly prejUdices the Defendants through coercing them to spend time and resources on a claim which may prove frivolous or one which is otherwise not subject to adjudication;
    v.
    The Plaintiff’s counsel has not offered a reasonable explanation as to its noncompliance; and
    VI. The disobedience creates significant problems to judicial administration as it forces the courts to also expand time and resources on claims which may prove frivolous or otherwise not subject to adjudication.
    19. The Plaintiff’s complaint thus frustrates the purposes given by the Florida Supreme Court for the amendment to Rule 1.110(b) making dismissal with prejudice is warranted under the circumstances.
    WHEREFORE, because the Plaintiff has failed to file a verified complaint and because the six factors set forth in Kozel have been expressly met, the Defendants respectfully request that the Court dismiss with prejudice the instant case and any other relief the Court deems just and proper.
    CERTIFICATE OF SERVICE
    I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
    l’\.F’J-J..U.
    S. Mail on this ‘Mclay of April, 2010 to MICHAEL GELETY, Law Offices of Marshall C. Watson, P.A., 1800 N.W. 49th Street, Suite 120, Fort Lauderdale, FL 33309.
    MATTHEW D. WEIDNER
    Attorney for Defendants
    1229 Central Avenue
    S1. Petersburg, FL 33705
    (727) 894-3159
    FBN: 0185957

  204. Ann, on May 2, 2010 at 4:13 pm said:

    Charlie,
    E-mail me at ocean11@the-beach.net. I have some interesting info for you.
    You can also call my lawyer Dillon Graham at 305-445-9185 Tuesday 4th. Tell him I refer him to you and ask him your question about how to amend Motion to Dismiss before the hearing. He will help you.

  205. Paul, on May 1, 2010 at 10:04 pm said:

    This is some great info. I stopped my foreclosure using a local company http://www.randyhelpshomeowners.com.

    Stop Foreclosure Arizona

  206. Charlie, on April 30, 2010 at 5:44 pm said:

    I just filed a Motion To Dismiss the foreclosure complaint filed against me by my mortgage company in Florida. I am defending my home of 21 years pro-se. After finding this site, I want to add several of the arguments found here to my motion. Particulary the amendment to the FRCP for filings after Feb. 2010. My Motion is set for hearing in a couple of weeks, May 11 2010. Can I amend it? Do I just file an Amended Motion to Dismiss? Then re-notice it for hearing? Do I need leave of the court to file the amended motion. I know with a complaint you can amend without leave before the other party has filed an answer and with leave after they file an answer but don’t know about Motion to Dismiss. Any info is greatly appreciated. Thank you very much.

  207. MSoliman, on April 27, 2010 at 9:13 pm said:

    HOLDER IN DUE DCOURSE

    A negotiable instrument is payable on demand to the holder, regardless of to whom it was originally issued to. A holder is typically an individual or party who acquires a negotiable instrument in good faith. That is to say a transferable signed document that promises to pay the bearer a sum of money at a future date or on demand. Examples include checks, bills of exchange, and promissory notes.

    Therefore the holder in due course is the beneficiary of the negotiable instrument in reference. When the beneficiary borrowers against the note you have a hypothecation. The pledging of securities or other assets as collateral to secure a loan, such as a debit balance in a margin account. This by definition is opposed to a Collateral note – A promissory note secured by the pledge of specific assets.

    The holder is the originating lender. The issues that confuse the deal are the fact a nominal interest is appointed as a “nominee”. The holder actually transfers its interest in the note and becomes a debtor, but not as in a hypothecation. The nominee cannot be a holder (MERS) whereby it speaks to the fractionalized interest a “custodian” for a “whole” bulk pool asset used as collateral.

    The servicing agent, if it maintains no recourse, for the original beneficiary is not a holder either. The trustee cannot act as a holder whereby it 1) relies upon the seller of the assets and 2) can only redeem its losses by the recourse provisions and willingness for the “seller” to make good on the guarantees. The seller has charged the investment.

    If the lender is claiming to be “holder” than it never sold its interest, understand. If the deal is viewed as a hypothecation you have a whole new set of taxation issues and forced recognition.

    Recognition throws the American banks into complete financial collapse and failure. Until someone stands up to take COMPLETE accountability there really is not Holder at this time. This claim is a verifiable whereby the only way such a condition could exist is in a situation where the assets are charged (to loss) and the notes and instruments are made “void by default”. Thus you have investor litigation all over the place. The investor litigation and lender defenses conflict with the claims lender make in a foreclosure. Get it!

    Maher E Soliman
    expert.witness@live.com

  208. Ann, on April 26, 2010 at 11:17 pm said:

    FLORIDA APPEAL COURT FORECLOSURE DEFENSE WINNING OPINIONS NEEDED
    ———————————————————————–
    I am establishing a file of FL Appeal Court Foreclosure
    Defense winning cases . Please help.
    My e-mail is ocean11@the-beach.net. Thanks

    Quote
    Many of us are losing your cases because we are arguing the law instead of citing written appellate court opinions that agree with us, authorities that control the trial judge!
    While your opinions are important to us, they don’t count for much in court.
    The opinions that count in court (i.e., the ones that control the trial judge) are the written opinions of appellate courts that can reverse the decisions of the trial judge if the trial judge goes against them.
    Learn how to controlthe trial judge by researching and drafting written memoranda that cite appellate opinions the judge cannot ignore!
    Unquote

  209. M.S0LIMAN, on April 26, 2010 at 6:17 pm said:

    The managing trustee for the registered offering is restricted in their ability to cure a default. Therefore consider from the preliminary findings how the beneficial interest is held by the original successor and assigns.

    These now are “delisted “and “Impaired assets” charged to a loss and managed by debt collectors. They are assets having no accounting basis due to charges and are known to be offered as scratch and dent receivables to vulture buyers.

    A nominal interest such as MERS is solely for maintaining the collateral for the fractional interest held in the original pass through investment.

    There is no beneficial interest and registered Indentured Trust for determining accountability and filing claims.

    Our experience in the secondary and capital markets will show where the registration or investment of pooled assets was the holder in due course before applying any charges and write downs to these assets.

    The remedy is to look to the “seller” and sponsor of the registration to capitalize the losses after allocating any accelerated liquidated receipts, retained earnings to date, overcollateralization and mortgage insurance to supplement.

    This is of course neither the case nor how you envisioned this markets collapse.

  210. Ann, on April 13, 2010 at 12:18 pm said:

    MOTION TO DISMISS – IF THE FORECLOSURE LAWSUIT IS FILED AFTER FEB 11, 2010-FLORIDA
    ———————————————————————
    Thank you Mr. Joseph D. Ort Esq. 407-228-9770
    Orlando Florida

    Here is the text of an additional argument that you can add to your MTD. I’ve raised it a few times now, and no mill has responded to it yet:

    Defendant, ________, (“_________”) by and through undersigned counsel, and pursuant to Rule 1.140, Florida Rules of Civil Procedure, file this Motion to Dismiss Plaintiff’s Complaint, and in support state:

    1. On February 11, 2010, the Florida Supreme Court released SC09-1460 In re: Amendments to the Florida Rules of Civil Procedure.

    2. The opinion amends Rule 1.110(b) to require verification of mortgage foreclosure complaints involving residential real property. The Court cited this basis:

    The primary purposes of this amendment are (1) to provide incentive for the plaintiff to appropriately investigate and verify its ownership of the note or right to enforce the note and ensure that the allegations in the complaint are accurate; (2) to conserve judicial resources that are currently being wasted on inappropriately pleaded ―lost note counts and inconsistent allegations; (3) to prevent the wasting of judicial resources and harm to defendants resulting from suits brought by plaintiffs not entitled to enforce the note; and (4) to give trial courts greater authority to sanction plaintiffs who make false allegations.

    3. The Order requires the document filed to include an oath, affirmation or the following statement “Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief.”

    4. The Order states “[t]he amendments shall become effective immediately upon the release of this opinion.”

    5. The Florida Supreme Court Manual for Internal Operating Procedures defines when an opinion is released. It provides:

    Section V. Release of Opinions.

    A. Routine Release. Copies of opinions ready for release to the public are delivered to each justice no later than Friday at noon. At any time before 10:00 a.m., ET, the following Thursday, any justice may direct the clerk not to release an opinion. Unless otherwise directed, on Thursday morning at 11:00 a.m., ET, the clerk electronically releases the opinions that were furnished to the justices the preceding Friday. Publishers other than the Court’s official reporter may receive copies at the rate of fifty cents per page, and all other interested persons may receive copies at the cost of one dollar per page. Opinions are posted on the Decisions and Rules Page of the Court’s website located at http://www.floridasupremecourt.org/decisions/opinions.shtml by noon on the day they are released.

    Fla. S. Ct. IOP Manual § II

    6. The subject opinion was posted on the Court’s website, and released on February 11, 2010. (See attached Exhibit “A”).

    7. The instant lawsuit was filed after February 18, 2010.

    8. Plaintiff did not verify its pleading. Accordingly, Plaintiff’s complaint should be dismissed for failure to comply with Rule 1.110(b).

    WHEREFORE, _________ respectfully request Plaintiffs’ Complaint be dismissed with prejudice and for such other relief as this Court deems just and proper.

    Joseph D. Ort, Esq.

    Joseph D. Ort, P.L.

    907 Outer Road, Suite B

    Orlando, Fl 32814

  211. VIRGINIA, on April 1, 2010 at 3:47 pm said:

    We have appllied for a loan modification several months ago with SLS (Specialized Loan Servicing) and it has turned into a virtual nightmare. Now, the company has us scheduled for forclosure sale on this coming Tuesday! They have stalled and lied about the process and we have provided them with every piece of documentation they requested in a timely manner. How can this be legal? Is there anyway to forestall this scheduled sale on Tuesday, April 6, 2010?

  212. kim thomas, on March 26, 2010 at 6:31 pm said:

    Auction is voided by Attorney John Precobb’s Client.

    Call for forclosure help in Rhode Island
    George E. Babcock, Esquire
    23 Acorn Street
    Providence, RI 02903
    401-274-1905

    From: John Precobb (x4116) [mailto:jprecobb@orlansmoran.com]
    Sent: Thursday, March 25, 2010 1:45 PM
    To: ‘George Babcock’
    Subject: Gatos

    My client has agreed to void the auction. Is your client able to comply with the loan modification he originally had?

    JOHN T. PRECOBB ESQ.

    MANAGING ATTORNEY – LITIGATION

  213. kim thomas, on March 26, 2010 at 1:42 pm said:

    This is a dialogue of Attorney George Babcock and Attorney John Precobb. George is very much on target with the Mortgage & Assignment Statutes under Rhode Island State Law and it appears that Attorney John Precobb is not. His client voided the action against Attorney George Babcocks Client.Null & Void.
    Find yourself a good Attorney that is well educated on the inner working of property law.Especially with Mortgage and assignments and Title issues.
    George E. Babcock, Esquire
    23 Acorn Street
    Providence, RI 02903
    401-274-1905

    From: George Babcock [mailto:george.babcock@babcocklawoffices.com]
    Sent: Monday, March 22, 2010 4:38 PM
    To: ‘John Precobb (x4116)’
    Subject: RE:
    All law is a technicality, that is why we are needed. I
    George E. Babcock, Esquire
    23 Acorn Street
    Providence, RI 02903
    401-274-1905

    From: John Precobb (x4116) [mailto:jprecobb@orlansmoran.com]
    Sent: Monday, March 22, 2010 3:24 PM
    To: ‘George Babcock’
    Subject: RE:
    There is a contractual right for MERS to assign for the original lender. Technicality

    From: George Babcock [mailto:george.babcock@babcocklawoffices.com]
    Sent: Monday, March 22, 2010 2:06 PM
    To: John Precobb (x4116)
    Subject: RE:

    You sent it to me. The language in assignment is defective. MERS identified itself as holder. A Mortgagee may assign and it is effective pursuant to statute, but not a simple holder. A holder is not contemplated by statute. GMAC is the assignee of nothing.
    George E. Babcock, Esquire
    23 Acorn Street
    Providence, RI 02903

    From: John Precobb (x4116) [mailto:jprecobb@orlansmoran.com]
    Sent: Monday, March 22, 2010 3:03 PM
    To: ‘George Babcock’
    Subject: RE:
    GMAC is the assignee anyway. Where are you getting mortgage holder?

    From: George Babcock [mailto:george.babcock@babcocklawoffices.com]
    Sent: Monday, March 22, 2010 2:00 PM
    To: John Precobb (x4116)
    Subject: RE:
    34-11-22 does not say a Mortgage Holder can foreclose. I think it is very simple. The assignment is no good. I am filing a lis pendens and filing suit as my client has instructed. I know you are up for a fight. Ha Ha. Just our jobs
    George E. Babcock, Esquire

    From: John Precobb (x4116) [mailto:jprecobb@orlansmoran.com]
    Sent: Monday, March 22, 2010 2:50 PM
    To: ‘George Babcock’
    Subject: RE:
    Doesn’t make sense. Who might that be?

    From: George Babcock [mailto:george.babcock@babcocklawoffices.com]
    Sent: Monday, March 22, 2010 1:50 PM
    To: John Precobb (x4116)
    Subject: RE:
    John, 34-11-22 is clear and the “HOLDER of a MORTGAGE” is not a party that can foreclose. A holder may be the mortgagee but the holder may also be someone else. The statute is clear and concise
    George E. Babcock, Esquire

    From: John Precobb (x4116) [mailto:jprecobb@orlansmoran.com]
    Sent: Monday, March 22, 2010 2:45 PM
    To: ‘George Babcock’
    Subject: RE:
    To my knowledge the assignee of a mortgage is the holder of a mortgage

    From: George Babcock [mailto:george.babcock@babcocklawoffices.com]
    Sent: Monday, March 22, 2010 1:44 PM
    To: John Precobb (x4116)
    Subject: RE:
    That is not what I am saying at all. A mortgagee, its heir, assigns etc may foreclose, but not a holder of a mortgage. What is the legal significance of “holding a mortgage”
    George E. Babcock, Esquire

    From: John Precobb (x4116) [mailto:jprecobb@orlansmoran.com]
    Sent: Monday, March 22, 2010 2:34 PM
    To: ‘George Babcock’
    Subject: RE:
    The assignee/holder of a mortgage inures to the rights of the original mortgagee. Your logic flies in the face of an accepted practice of transferring an interest in a mortgage which has been used around the country. Your logic would mean that only the original mortgagee could foreclose? Makes no sense.

    From: George Babcock [mailto:george.babcock@babcocklawoffices.com]
    Sent: Monday, March 22, 2010 1:26 PM
    To: John Precobb (x4116)
    Subject: RE:
    The mortgagee may invoke the statutory power of sale, not “ the holder of a mortgage.” The language must be precise. You could be the holder of the mortgage and not be the mortgagee. I am 100% sure of this and that is the basis for lawsuit.
    George E. Babcock, Esquire

    From: John Precobb (x4116) [mailto:jprecobb@orlansmoran.com]
    Sent: Monday, March 22, 2010 2:22 PM
    To: ‘George Babcock’
    Subject: RE:
    The holder of a mortgage is the entity which has the right to enforce the mortgage which is accomplished by an assignment. A trustee has nothing to do with it.
    From: George Babcock [mailto:george.babcock@babcocklawoffices.com]
    Sent: Monday, March 22, 2010 1:21 PM
    To: John Precobb (x4116)
    Subject: RE:
    Query? What is a “holder of mortgage?” That sounds of a trustee, not a mortgagee. The assignment is incorrect when viewed in light of RIGL 34-11-1 et seq. It is a void instrument.
    George E. Babcock, Esquire

    From: John Precobb (x4116) [mailto:jprecobb@orlansmoran.com]
    Sent: Monday, March 22, 2010 2:16 PM
    To: ‘George Babcock’
    Subject: RE:
    OK Obviously I don’t agree.

    From: George Babcock [mailto:george.babcock@babcocklawoffices.com]
    Sent: Monday, March 22, 2010 1:12 PM
    To: John Precobb (x4116)
    Subject: RE:
    MERS cannot assign mortgage. On appeal RI Supreme Court. Bucci v. Lehman. Law Suit based on Bucci
    George E. Babcock, Esquire

    From: John Precobb (x4116) [mailto:jprecobb@orlansmoran.com]
    Sent: Monday, March 22, 2010 2:08 PM
    To: ‘George Babcock’
    Subject: RE:
    Attached is assignment from MERS to GMAC. What is your basis for filing a civil action?

    From: George Babcock [mailto:george.babcock@babcocklawoffices.com]
    Sent: Monday, March 22, 2010 12:48 PM
    To: John Precobb (x4116)
    Subject: RE:
    When I ran the title, I discovered that it was MERS mortgage. MERS, as the alleged nominee of Central Pacific Mortgage. GMAC was already working on a Loan Mod. In July of 2009 and it was not in the chain of title. Under what statutory authority does GMAC foreclose? In any event, if it goes forward I have been instructed to file lis pendens and a lawsuit to quiet title.
    George E. Babcock, Esquire

    From: John Precobb (x4116) [mailto:jprecobb@orlansmoran.com]
    Sent: Monday, March 22, 2010 1:34 PM
    To: ‘George Babcock’
    Subject: RE:
    What title issues?

    From: George Babcock [mailto:george.babcock@babcocklawoffices.com]
    Sent: Monday, March 22, 2010 12:25 PM
    To: John Precobb (x4116)
    Subject: RE:
    I will send you some info in about 5 mins. So Gatos is dead but for the perceived title issues?
    George E. Babcock, Esquire

  214. Ann, on March 21, 2010 at 10:58 am said:

    FREE FORECLOSURE INFO AND PLEADINGS AT
    http://www.gingolaw.com
    http://www.mattweidnerlaw.com
    http://www.msfraud.org at the thread Tactical Consideration in Foreclosure Defense

  215. Ann, on March 20, 2010 at 10:54 pm said:

    BOGUS ASSIGNMENTS ALL OVER THE COUNTRY – LOOK THEM UP AT PUBLIC RECORDS
    http://4closurefraud.org/2009/10/18/foreclosure-fraud-guide-to-looking-up-public-records-for-fraud/
    For the past year and a half, I have been examining the public records of Florida, analyzing all of the fraudulent documents that have been entered into the system since the housing crisis began. I have found employees of lenders assigning mortgages to their employer, I have found companies assigning mortgages to themselves, by themselves. I have seen many variations of financial institutions employees’ signatures on hundreds, if not thousands of documents. I have seen people that are officers of too many banks, and I have been unable to verify the existance of certain notaries who sign millions of these documents.

    Now, we are seeing BOGUS assignments all over the Florida public records. At first I though it was some kind of joke. Well it is, and the joke is on all of us. Doesn’t anyone look at these papers before filing them? Do the courts even care they are allowing peoples homes to be taken away by some BOGUS document?

    This is much more than a clerical error. It is outright blatant fraud.

    How massive is it?

    Well, in just a few hours of perusing the public records of this country, we were able to come up with these BOGUS DocX assignments from multiple counties of multiple states. While we were at it, we found some Bogus Satisfactions of Mortgage as well. To top it off, not only do the assignments say they are bogus, most of the signatures do not match from one to the next.

    Some counties and states do not have their records online and some counties and states require you to pay leaving them inaccessible at the moment.

    Below are examples of what was found in just a few hours of research. Just imagine what would be found if official audits were performed.

    States Examined; Arizona, California, Florida, Georgia, Kentucky, Illinois, Michigan, and Nevada.

    Yes, these are on the extreme end of the fraud spectrum, but what if all of those “official” looking assignments were just as bogus as these?

    One of the most infamous “vice presidents”, Erica Johnson-Seck, who signed thousands of these “official” assignments, confesses the role she (and others?) played in the creation of similar documents in her deposition that is posted here … (takes a moment to load)

    To top it all off, the Florida Bankers Association now wants to change Florida to a NON Judicial state with the bill in the link below that I urge all to understand.

    The Florida Consumer Protection and Homeowner Credit Rehabilitation Act

    Anyway, you decide…

    Where are the damn Feds…

    4closureFraud
    http://www.4closureFraud.org

  216. Meg in RI, on March 20, 2010 at 8:09 pm said:

    Hello all,

    I am not sure who might be able to answer or help with this…so here it goes. I have a set of interrogatories, from Wells Fargo’s local attorney, that are due this Monday. I am very willing to answer them, except for the fact that I have gained some new info and am not sure how to proceed. I have done a title search, in which the assignment, based on state law, is null and void…34-11-1 basically states that the assignment must be dually noted otherwise it is null and void. The assignment was signed on 10-31-06 and notarized on 11-8-06. I, also, have a new assessment of the property, March 17, 2010, and it states that WF sold and/or transferred the property to a realty company on July 13, 2009 for $0. I want to request an extension for the interrogatories, however, I’m not sure if I have grounds to request a motion to strike them. I would also love to send WF a set of my own interrogatories for them to answer. Is WF’s pursuit of this even valid, at this point? And how did the realty company get involved? Is WF just trying to pass the buck here? I’m considering asking for the extension first and then taking that time to come up with my next order of business. Also, in cases like these, nationwide, which is more prevalent? State laws and statutes or federal law and statutes? I understand that some judges in a few states have seen the light but, were there decisions based solely on state laws, federal laws, or a combination? I would appreciate any advice that anyone has to offer, on how I could or should proceed. I am not asking for legal advice, specifically, nor will I consider any response as such, only useful suggestions. I know I may sound like an amateur but that is because I am. I have every intention of continuing my own education by taking what I have learned from this experience, and going to law school, specifically with consumer law as my specialty. Thanks for any and all suggestions and good luck to all.

  217. Stewart, on March 19, 2010 at 10:19 am said:

    For a case in Federal District Court does anyone have
    particular format to use in conducting a Rule(f) conference.

    Thank You

  218. Ann, on March 19, 2010 at 10:19 am said:

    Strike fraudulent Bank Affidavit
    Thank you http://www.mattweidner.com

    Defendant’s Motion to Strike Affidavit of Christopher Spradling and for attorney’s fees and costs

    COMES NOW, the Defendant XXXXXX (hereinafter “Defendant”), by and through the undersigned counsel MATTHEW D. WEIDNER, and respectfully MOTIONS THIS COURT TO STRIKE AFFIDAVIT OF CHRISTOPHER SPADLING AND FOR ATTORNEY’S FEES AND COSTS, pursuant to Fla. R. Civ. Pro. 1.510, and in support thereof states as follows:

    FACTS

    This is an action for foreclosure of real property owned by the Defendant.
    The named plaintiff in this case is HSBC BANK, USA, NATIONAL ASSOCATION, AS TRUSTEE FOR THE ACE SECURITIES CORPORATION HOME EQUITY TRUST, SERIES 2005-AG1, ASSET BACKED PASS-THROUGH CERTIFICATE (hereinafter “Plaintiff”).
    On February 2, 2010 Plaintiff, by and through its counsel Florida Default Law Group, P.L. (hereinafter “Florida Default Law Group”), gave Notice of Filing of Affidavit as to Amounts Due and Owing and the accompanying Affidavit (hereinafter “Affidavit”).
    The Affiant of the above-mention Affidavit was identified as Christopher Spradling (hereinafter “Spradling”). Spradling identified himself as a “Foreclosure Manager” for LITTON LOAN SERVICING, LP (hereinafter “Litton”). Litton, in turn, was identified as “the servicer of the loan…[Litton] is responsible for the collection of this loan transaction and pursuit of any delinquency in payments.”[1]
    Spradling, based upon his personal knowledge, averred in the Affidavit that: (1) the Plaintiff or its assigns was owed a total of $408,809.30; (2) the Plaintiff was entitled to enforce the Note and Mortgage; and (3) Plaintiff was entitled to a judgment as a matter of law.[2] The Affidavit does not contain any mention as to who owes the Plaintiff the sum alleged save for one sentences line which cryptically state “[s]pecifically, I have personal knowledge of the facts regarding the sums which are due and owing to Plaintiff or its assigns pursuant to the Note and Mortgage which is the subject matter of the lawsuit” and a second which states “I am familiar with the books of account…concerning the transactions alleged in the Complaint.”[3] Emphasis added.
    Nowhere in the Affidavit was either Litton or Spradling identified as either the Plaintiff or the Plaintiff’s authorized agent.
    Upon information and belief, Litton is simply a “middleman” of sorts who is responsible for the transfer of funds between the various assignees of the underlying Mortgage and Note and has no knowledge of the underlying transactions between the Plaintiff and Defendant.
    Upon information and belief, Spradling, as employee of Litton and not the Plaintiff, has no knowledge of the underlying transactions between the Plaintiff and Defendant.
    LEGAL REASONING IN SUPPORT OF MOTION

    I. Plaintiff Failed to Attach Documents Referred to in the Affidavit
    a. Failure to Attach Documents Violates Fla. Stat. §90.901 (1989)
    Florida Statue §90.901 (1989) states, in pertinent part, that “[a]uthentication or identification of evidence is required as a condition precedent to its admissibility.” The failure to authenticate documents referred to in affidavits renders the affiant incompetent to testify as to the matters referred to in the affidavit. See Fla. R. Civ. Pro. 1.510(e) (which reads, in pertinent part, that “affidavits…shall show affirmatively that the affiant is competent to testify to the matters stated therein”); Zoda v. Hedden, 596 So. 2d 1225, 1226 (Fla. 2d DCA 1992) (holding, in part, that failure to attach certified copies of public records rendered affiant, who was not a custodian of said records, incompetent to testify to the matters stated in his affidavit as affiant was unable to authenticate the documents referred to therein.)

    Here, Spradling affirmatively states in the Affidavit that he is “familiar with the books of account and have examined all books, records, and documents kept by LITTON LOAN SERVICING, LP concerning the transactions alleged in the Complaint.”[4] Furthermore, Spradling averred that the “Plaintiff or its assigns, is owed…$408,809.30.”[5] Nevertheless, Spradling has failed to attach any of the books, records or documents referred to in the Affidavit. In addition, Spradling does not meet the definition of “custodian,” which is “a person or institution that has charge or custody (of…papers).” See Black’s Law Dictionary, 8th ed. 2004, custodian. By Spradling’s own admission “[t]he books, records, and documents which [Spradling] has examined are managed by employees or agents whose duty it is to keep the books accurately and completely.”[6] Emphasis added. Thus, Spradling has only examined the books, records, and documents which he refers to in the Affidavit while the true custodians of these documents are the employees or agents whose duty it is to keep the books accurately and completely. In essence, Spradling averred to records which he did not submit nor could he testify for the authenticity of just as the affiant in Zoda did.

    Spradling’s failure to attach the documents referred to in the Affidavit without being custodian of same is a violation of the authentication rule promulgated in Fla. Stat. §90.901 (1989), which renders him incompetent to testify to the matters stated therein as the Second District in Zoda held. Therefore, the Affidavit should be struck in whole.

    b. Failure to Attach Documents Violates Fla. R. Civ. Pro. 1.510(e)
    Fla. R. Civ. Pro. 1.510(e) provides, in part, that “[s]worn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith.” Failure to attach such papers is grounds for reversal of summary judgment decisions. See CSX Transp., Inc. v. Pasco County, 660 So. 2d 757 (Fla. 2d DCA 1995) (reversing summary judgment granted below where the affiant based statements on reports but failed to attach same to the affidavit.)

    As previously demonstrated, Spradling referred to books, records, and documents kept by Litton which allegedly concerned the transaction referred to in the Complaint against the Defendant. Nevertheless, as previously demonstrated, Spradling has not attached any of these books, records or documents. This failure to do so is a violation of Fla. R. Civ. Pro. 1.510(e) and is grounds for a reversal of a summary judgment decision in favor of the Plaintiff. Therefore, the Affidavit should be struck in whole.

    II. Affidavit Was Not Based Upon Spradling’s Personal Knowledge
    As a threshold matter, the admissibility of an affidavit rests upon the affiant having personal knowledge as to the matters stated therein. See Fla. R. Civ. Pro. 1.510(e) (reading, in pertinent part, that “affidavits shall be made on personal knowledge”); Enterprise Leasing Co. v. Demartino, 15 So. 3d 711 (Fla. 2d DCA 2009); West Edge II v. Kunderas, 910 So. 2d 953 (Fla. 2d DCA 2005); In re Forefeiture of 1998 Ford Pickup, Identification No. 1FTZX1767WNA34547, 779 So. 2d 450 (Fla. 2d DCA 2000). Additionally, a corporate officer’s affidavit which merely states conclusions or opinion is not sufficient, even if it is based on personal knowledge. Nour v. All State Supply Co., So. 2d 1204, 1205 (Fla. 1st DCA 1986).

    The Third District, in Alvarez v. Florida Ins. Guaranty Association, 661 So. 2d 1230 (Fla. 3d DCA 1995), noted that “the purpose of the personal knowledge requirement is to prevent the trial court from relying on hearsay when ruling on a motion for summary judgment and to ensure that there is an admissible evidentiary basis for the case rather than mere supposition or belief.” Id at 1232 (quoting Pawlik v. Barnett Bank of Columbia County, 528 So. 2d 965, 966 (Fla. 1st DCA 1988)). This opposition to hearsay evidence has deep roots in Florida common law. In Capello v. Flea Market U.S.A., Inc., 625 So. 2d 474 (Fla. 3d DCA 1993), the Third District affirmed an order of summary judgment in favor of Flea Market U.S.A as Capello’s affidavit in opposition was not based upon personal knowledge and therefore contained inadmissible hearsay evidence. See also Doss v. Steger & Steger, P.A., 613 So. 2d 136 (Fla. 4th DCA 1993); Mullan v. Bishop of Diocese of Orlando, 540 So. 2d 174 (Fla. 5th DCA 1989); Crosby v. Paxson Electric Company, 534 So. 2d 787 (Fla. 1st DCA 1988); Page v. Stanley, 226 So. 2d 129 (Fla. 4th DCA 1969). Thus, there is ample precedent for striking affidavits in full which are not based upon the affiant’s personal knowledge.

    Here, the entire Affidavit is hearsay evidence as Spradling has absolutely no personal knowledge of the facts stated therein. As an employee of Litton, which purports to be the servicer of the loan, he has no knowledge of the underlying transaction between the Plaintiff and the Defendant. Neither Spradling nor Litton: (1) were engaged by the Plaintiff for the purpose of executing the underlying mortgage transaction with the Defendant; or (2) had any contact with the Defendant with respect to the underlying transaction between the Plaintiff and Defendant. In addition, the Affidavit fails to set forth with any degree of specificity what duties Litton performs for the Plaintiff, save for one line which states that Litton “is responsible for the collection of this loan transaction and pursuit of any delinquency in payments.”[7] At best, Litton acted as a middleman of sorts, whose primary function was to transfer of funds between the various assignees of the underlying Mortgage and Note. Litton is not the named Plaintiff in this case, nor does the Affidavit aver that either Spradling or Litton is the agent of the Plaintiff.

    Because Spradling has no personal knowledge of the underlying transaction between the Plaintiff and Defendant, any statement he gives which references this underlying transaction (such as the fact that the Plaintiff is allegedly owed sums of monies in excess of $400,000) is, by its very nature, hearsay. The Florida Rules of Evidence define hearsay as “a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.” Fla. Stat. §90.801(1)(c) (2007). Here Spradling is averring to a statement (that the Plaintiff is allegedly owed sums of money) which was made by someone other than himself (namely, the Plaintiff) and is offering this as proof of the matter asserted (that Plaintiff is entitled to enforce the Note and Mortgage and that Plaintiff is entitled to a judgment as a matter of law.) At best, the only statements which Spradling can aver to are those which regard the transfer of funds between the various assignees of the Mortgage and Note.

    The Plaintiff may argue that while Spradling’s statements may be hearsay, they should nevertheless be admitted under the “Records of Regularly Conducted Business Activity” exception. Fla. Stat. §90.803(6) (2007). This rule provides that notwithstanding the provision of §90.802 (which renders hearsay statements inadmissible), hearsay statements are not inadmissible, even though the declarant is available as a witness, if the statement is

    [a] memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinion, or diagnosis, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity and if it was the regular practice of that business activity to make such memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, or as shown by a certification or declaration that complies with paragraph (c) and s. 90.902(11), unless the sources of information or other circumstances show lack of trustworthiness. Emphasis added.

    There are, however, several problems with this argument. To begin, and as previously demonstrated, no memorandums, reports, records, or data compilation have been offered by the Plaintiff. Furthermore, the books, records, and documents referred to by Spradling in the Affidavit (which, of course, were not attached) were kept by Litton, who cannot be a person with knowledge as Litton does not have any personal knowledge of underlying transaction between the Plaintiff and the Defendant. Finally, Litton, as the source of this information, shows a lack of trustworthiness because Spradling failed to attach the books, records, and documents to the Affidavit and because neither Litton nor Spradling have knowledge of the underlying transaction between the Plaintiff and the Defendant.

    Because Spradling’s statements in the Affidavit are not based upon personal knowledge, they are inadmissible hearsay evidence. As no hearsay exception applies to these statements, the Affidavit should be struck in whole.

    III. Affidavit Included Impermissible Conclusions of Law Not Supported by Facts
    An affidavit in support of a motion for summary judgment may not be based upon factual conclusions or opinions of law. Jones Constr. Co. of Cent. Fla., Inc. v. Fla. Workers’ Comp. JUA, Inc., 793 So. 2d 978, 979 (Fla. 2d DCA 2001). Furthermore, an affidavit which states a legal conclusion should not be relied upon unless the affidavit also recites the facts which justify the conclusion. Acquadro v. Bergeron, 851 So. 2d 665, 672 (Fla. 2003); Rever v. Lapidus, 151 So. 2d 61, 62 (Fla. 3d DCA 1963).

    Here, the Affidavit contained conclusions of law which were not supported by facts stated therein. Specifically, Spradling averred that the Plaintiff was entitled to enforce the Note and Mortgage and that the Plaintiff was entitled to a judgment as a matter of law, two legal conclusions, but did not support this conclusion with statements which referenced exactly who the Plaintiff was entitled to enforce the Note and Mortgage against. In fact there is no mention of any of the parties in question save for one cryptic line in where Spradling states that “[s]pecifically, I have personal knowledge of the facts regarding the sums which are due and owing to Plaintiff or its assigns pursuant to the Note and Mortgage which is the subject matter of the lawsuit” and another which states “I am familiar with the books of account…concerning the transactions alleged in the Complaint.”[8] Nowhere in the Affidavit does Spradling state that the Plaintiff is entitled to enforce the Note and Mortgage against the Defendant nor does Spradling state that the Plaintiff is entitled to a judgment as a matter of law because the Defendant owes the Plaintiff money. At best the Affidavit accuses someone of owing the Plaintiff $408,809.30 and that the Plaintiff should be able to enforce some Note and Mortgage against that particular someone. By not clearly identifying the parties in question, Spradling has not adequately supported his two legal conclusions.

    Because the Affidavit contained impermissible conclusions of law which were not supported by facts stated therein, the Affidavit should be struck in whole.

    IV. Sanction of Attorney’s Fees is Appropriate
    Fla. R. Civ. Pro. 1.510(g) reads, in full, that

    [i]f it appears to the satisfaction of the court at any time that any of the affidavits presented pursuant to this rule are presented in bad faith or solely for the purpose of delay, the court shall forthwith order the party employing them to pay to the other party the amount of the reasonable expenses which the filing of the affidavits caused the other party to incur, including reasonable attorneys’ fees, and any offending party or attorney may be adjudged guilty of contempt. Emphasis added.

    The undersigned counsel has expended considerable time and resources preparing to defend against an affidavit which has, on its face, no basis in law. Both Florida Default Law Group and the Plaintiff both knew that Spradling’s affidavit lacked authenticity and reliability yet still chose to file it with the Court. In addition, this is not Florida Default Law Group’s first time filing affidavits in bad faith. Recently, the Bankruptcy Court for the Southern District of Florida sanctioned both Florida Default Law Group and its client, WELLS FARGO, $95,130.45 for false representations made in affidavits in that court as well as other bankruptcy courts in Florida. See In re: Fazul Haque, Case No. 08-14257-BKR-JKO (Order Granting Wells Fargo, N.A.’s Motion for Relief from Stay and Imposing Sanctions for Negligent Practice and False Representations, Oct. 28, 2008). This is indicia of a modus operandi on Florida Default Law Group’s part to present misrepresentations and false affidavits to the Court which make an award of attorney’s fees and costs an appropriate sanction.

    WHEREFORE, Defendant asks this Court to GRANT its MOTION TO STRIKE AFFIDAVIT OF CHRISTOPHER SPRADLING and enter an ORDER granting ATTORNEY’S FEES AND COSTS and any other relief the Court deems just and proper.

    ——————————————————————————–

    [1] See Affidavit As to Amounts Due and Owing, pg. 1.

    [2] Id, pgs. 1, 2.

    [3] Id.

    [4] See Affidavit As to Amounts Due and Owing, pg. 1.

    [——————————————————————————–

    Foreclosure Case Killer- The Subpoena Duces Tecum
    February 24th, 2010 · 1 Comment · Foreclosure
    The cat is way out of the bag. The lenders and banks that brought our country to the verge of collapse with fraud, misrepresentation and lies have now brought these same practices into local courtrooms. Every day judges who sign foreclosure orders are confronted with legal pleadings that do not conform to the most basic requirements of professional standards, but who really cares about that…the real issue is that because the lenders cannot produce the evidence they need to proceed with their cases, they….produce the evidence they need to proceed with their cases.
    I’ve previously posted about affidavit and assignment fraud..it comes in three areas:
    1) False Affidavits of Service or False Affidavits That We Could Not Serve the Defendant. (See Sewer Service);
    2)False Assignments of Mortgage (MERS assigns this Mortgage to Deutsche Bank who now has the right to foreclose);
    3)False Affidavits of Amounts due and owing.
    A Subpoena for Every Foreclosure!
    Many times these documents are false on their face, but sometimes it takes a little digging to uncover the lies and misrepresentations….that’s where a subpoena comes in. The following is text of a subpoena I use. Next is a Motion to Strike Affidavit. Now there are going to be foreclosures that are proper (such as when original lenders foreclose) but in virtually every other case (especially when a pretender lender is a Plaintiff), when pressed, you’re going to find that the evidence submitted to the court is filled with mistakes lies or outright misrepresentations. Given what we’re learning about the scope of this problem…subpoenas should be dropped in every case for every fact witness, assignor, assignee and affiant. Please share results of your work with me! Together we’ll take my beloved courts back.
    SUBPOENA DUCES TECUM FOR RECORDS WITH DEPOSITION
    STATE OF FLORIDA:
    TO:
    YOU ARE HEREBY COMMANDED to appear before a person authorized by law to take depositions at the law offices of MATTHEW D. WEIDNER, P.A., 1229 Central Avenue, St. Petersburg, Florida 33705, on MONTH DAY, 2010, for the taking of your deposition in this action and to have with you at the above time and place the following:
    1. All books, papers, records, documents and other tangible things kept by LITTON LOAN SERVICING, LP concerning the transactions alleged in the complaint against Annabel E. Montgomery.
    2. Any and all other books, papers, records, documents or tangible things that relate to HSBC BANK, USA, ASSOCIATION AS TRUSTEE FOR THE ACE SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES 2005-AG1, ASSET BACKED PASS-THROUGH CERTIFICATES’ claim against ANNABEL E. MONTGOMERY.
    3. All employment records that exist between Christopher Spradling and any employer who has employed Spradling within the last three years including current employers.
    4. All records that purport to give Christopher Spradling the authority to sign or execute any documents on behalf of any person or entity.
    5. All documents, records, books, evidence or instructions that you reviewed or relied upon in order to prepare the affidavit or assignment executed in this case.
    These items will be inspected and may be copied at that time. You will not be required to surrender the original items. You have the right to object to the production pursuant to this subpoena at any time before production by giving written notice to the attorney whoose name appears on this subpoena. You may condition the preparation of the copies upon the payment in advance of the reasonable cost of preparation.
    If you fail to: (a) appear as specified, or (b) furnish the records instead of appearing as provided above; or (c) object to this subpoena you may be in contempt of Court. You are subpoenaed by the attorneys whose names appear on this subpoena, and unless excused from this subpoena by the attorney or the Court, you shall respond to this subpoena as directed.
    DATED on XXXX X, 2010.
    FOR THE COURT
    Matthew D. Weidner, P.A.
    1229 Central Avenue
    St. Petersburg, FL 33705
    By: ________________________________
    Matthew D. Weidner
    FBN: 0185957

  219. Steven K. Kop, Esq., on March 12, 2010 at 1:29 pm said:

    I have reviewed several foreclosure defense handbooks and searched this site, and – recognizing that we are all dealing with an evolving process in foreclosure defense – now realize there is little to (actually) no discussion of another cause of action or weapon to put in our arsenals:

    The Bankruptcy Code (11 USC 548) and Uniform Fraudulent Transfer Act (Cal. Civil Code 3439 et seq.) claims (two year statute of limitations from transfer for the former, and four year S/L for the latter.)

    The taking of your title/property wrongfully is a fraudulent transfer under these statutes.

    Happy Hunting!

    Steven K. Kop
    Attorney at Law

    bluejaylaw@gmail.com

  220. Ann, on March 9, 2010 at 2:53 pm said:

    IN THE CIRCUIT COURT OF THE 0000 JUDICIAL CIRCUIT IN AND YYYY COUNTY, FLORIDA
    A CIVIL ACTION
    CASE NO.:
    LASALLE BANK NATIONALASSOCIATION,AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET-BACKED CERTIFICATES, SERIES 2006-HE9,
    Plain~
    vs,
    XXXX; et at
    Defendants).

    DEFENDANT XXXXS’ EMERGENCY MOTION TO STOP FORECLOSURE SALE. TO VACATE F’0RECLOSURE COMPLAINT FOR FRAUD ON THE COlJRT AND MOTION TO STRIKE FINAL.JUDGMENT OF FORECLOSURE AND ORDER SETTING
    FORECLOSURE SALE AND MEMORANDUM OF LAW

    COMES NOW, the Defendant XXXX, by and through his undersigned counsel
    and :files this Motion and Memorandum of Law in the above-styled action and as grounds therefore ; requests the Court to Dismiss this action with prejudice pursuant to Rules 1.100(b). 1.14O(bX1X6) and (hX2) and 1.210(a) and J.54O(b) of the Florida Rules of Civil Procedure, and states:
    The Plaintiff filed their complaint on March 13, 2009, at the time the Plaintiff filed their complaint they did not have standing and made material misrepresentation in their
    pleadings.
    2. Further the Plaintiff is a Trustee and does not and cannot own the mortgage as they are
    Acting on behalf of the investment trust in this ease.
    Several layers of fraud on the Court occurred in this instance and justice requires that the Court set the Order setting sale dale aside immediately and vacate the Final Judgment of
    Foreclosure dated December 12, 2001 which has listed a sale date of January 23~ 2009.
    In addition to not having standing. the plaintiff falsely alleged that “the original promissory note was lost or destroyed subsequent to plaintiff’s acquisition thereof’ and that “plaintiff was in possession of the promissory note and was entitled to enforce it when loss of possession occurred” when in actuality they did not have an interest in the paper at the time of bringing this lawsuit and a purported assignment occurred after the lawsuit was filed.
    The March .17. 2008 assignment of Mortgage (See Exhibit” A “ from Mortgage Electronic Registration Systems, Incorporated as Nominee for Encore Credit Corporation d/b/a EC-C Credit Corporation of Florida (MERS) to Plaintiff Lasalle Bank National Association. as Trustee for Certificate holders of Bear Stearns Asset Backed Securities I LLC, Asset Backed Certificates. Series 2006-HE9 (“LBNA j clearly states that the assignment of the mortgage and the promissory note that are the subject of this foreclosure action were later filed after LBNA only as trustee filed a Notices of Lis pendens on March 13,2008 in the Circuit Court of the Fifth Judicial District Court in and for Hernando County, Florida (See Exhibit B‘ . LBNA in its suit also does not indicate how it had any right or legal ability to initiate such an action and simultaneously claimed that “they had also lost or destroyed die Mortgage Note” which they did not own—in fact LBNA as nominal trustee for mortgage-backed securities has filed many foreclosure actions throughout the United States under false, deceptive and misleading representation without any legal standing to sue any party and its interest in the debt. These patterns represent a pattern of corrupt and illegal activity.
    6.. Further, the Assignment itself is objectionable and gives rise to several issues of possible misrepresentation and fraud (See Exhibit “A OS).
    Liquenda Allotey has executed the assignment as Vice President ofMERS but he is not listed as an officer or director of MERS. (See oomposite Exht”bit “C”),
    Liqoenda Allotey has also executed Assignments as Vice President of other banks in the recent past (See Composite Exhibit “D”), Most peculiar, Allotey was Vice President of Washington Mutual in 2006, Vice President of MERS for this case and again on April 30, 2007, and Vice President of Washington Mutual again on May 17,2007.
    AUotey, in fact appears to works for FIS-LPS a mortgage Collection agency as evidenced by his Linkedl profile, and the Summit magazine (page 18)(See Composite Exhibit “E”).
    Additionally, as to the March 17.2008 assignment. it purportedly assigns the mortgage and the Promissory ‘ note from MERS in its corporate capacity as nominee (agent) directly to LBNA and not to the trust for which plaintiff acts as trustee.
    II. LBNA’s pattern and practice of seeking and obtaining foreclosure judgments without a duly recorded assignment, without the evidence of a chain of assignment at time of filing suit constitutes a “false, deceptive, or misleading representation or means” in connection
    with 1he collection of debt, in violation of the Federal Fair Debt Collection Practices Ac~ 15 U.S.C. 1692e and that bas occurred in this case as well.
    The plaintiff also fails to attach a copy of the promissory note to its complaint.
    From the plaintiff’s own filings in this foreclosure action, it is established that a person other than the plaintiff LBNA was in filet the true owner of the claim at the time LBNA actually sued upon. and that the plaintiff is not and never was the real party in interest, and is not and C3ID1ot be shown to be the proper authorized party to bring this foreclosure action. In re: Shelter Development Group. Inc.. 50 B.R. 588 (Bankr S.D Fla. 19!1.,S)
    The Plaintiff did not own or hold the subject promissory note at the time the Plaintiff LBNA filed this foreclosure action on March 13, 2008, and the plaintiff was fully aware of this Jack of ownership, and its lack of standing at the time of the commencement of this action. As stated Plaintiff LBNA and others like it have done this repeatedly, and even federal 00UIts are striking their predatory tactics for this very same reason as they never bad ownership and do not have the notes where they just claim they lost them.
    The plaintiff LBNA further has failed to establish in any of its papers or filings that it owned or held the mortgage or the promissory note at the commencement of this action. In fact the assignment of the mortgage did not take place until March 17, 200~, several days after the filing of the complaint where they claim to already have “lost or destroyed the mortgage note”.
    Unlike statutory prerequisites to filing a lawsuit, standing is having a sufficient interest in the outcome of litigation which will warrant a Court’s entertaining it.
    The plaintiff in this case, still only a TRUSTEE for these securities, never had an interest in the mortgage or the promissory note, and never had standing to bring this action.
    In this case, the Court is without jurisdiction because the Plaintiff LBNA, a trustee, has perpetrated a fraud upon this Court in this action as set out herein.
    The falseness of the plaintiff’s allegations that it owned, held and possessed the subject mortgage and promissory note is readily apparent from a cursory review of the documents attached to the complaint and the 1ater filed assignment.
    The defendant seeks a hearing to this matter to obtain an Order dismissing this foreclosure action filed by a trustee of a securitized mortgage pool based on a lack of standing; a lack of subject matter jurisdiction; failure to state a cause of action for foreclosure and for fraud on the Court which is also supported by Florida Rule 1.S4O(b) even at this late date. Also defendant Puentes seeks an Order to strike the Final Judgment of foreclosure dated December 12, 2008 and order setting foreclosure sale set for January 23, 2009. .c;>
    The defendant seeks a finding that the plaintiff’s assertions that it was the owner of the mortgage and the promissory note at issue were false and that the plaintiff was fully aware of such false allegations at the time the plaintiff filed this foreclosure action while claiming it bad already lost the mortgage note it did not own. Under Florida Rule 1.54O(b). there is no time limitation due to fraud and misrepresentation in dismissing a summary judgment.
    22. The plaintiff LBNA is not the “owner’ of the ~ mortgage or the promissory note as
    the plaintiff alleges to this Court in its complaint and not to grant defendant Puentes relief
    would be most harmful to him as once the scheduled sale takes place, there is no further
    recourse while Plaintiff LBNA is not damaged as there is no beneficial interest for them to
    protect where delay would cause them harm.
    23. The plaintiff’s allegations that it “owned’ “held’ and “possessed’ the mortgage and promissory note that are the contracts that are the subject of this foreclosure action are
    false and were made in bad faith as the Plaintiff knew said allegations were false. In fact
    LBNA almost always claims they have lost their notes and cannot find them.
    24. The plaintiff LBNA, only as trustee, establishes in its complaint that it was fully aware
    that its claims to have standing to pursue this foreclosure action were untrue and an
    impossibility at the time the plaintiff made such allegations to this Court for they had to
    assign the mortgage note at a later date, being March 17. 2008 {See Exhibit «A j. Rhea v.
    Halkney, 157 So. 190, 193 (FIa. 1934)
    25. “A plea is considered ‘sham’ when it is palpably or inherently false. and from the plain or
    conceded facts in the case, must have been known to file party interposing it to be untrue.'”
    Rhea v. Holkney, 157 So. 190, 193 (FIa. 1934); O’Berry»: Pearson. 186 80.430 (1939); Furstv. Blackman, 744 So.2d 1222{Fla. 4d1 DCA 1999), Reif Deve/opmen. Inc. v. Wachovia Mortg. Ca., 340 So.2d 1267 (FIa. 4· DCA 1976). The plaintiff’s complaint is a “sham”.
    —
    —
    The integrity of the civil litigation process depends on the truthful disclosure of facts.
    Metropolitan Dade County v. Martinson. 736 8o.2d 794 (Fla. 3R1 DCA 1999), Andrews v. Palmus De Majorca Condo, 898 So.2d 1066 (Fla. 5* DCA 2005). plaintiffs actions
    undermine the integrity of this civil litigation process.
    27. A trial court has the inherent authority, within the exercise of sound judicial discretion, to
    dismiss an action and strike an order when a plaintiff has perpetrated a fraud or made
    misrepresentations to the Court. .Arzuman v. Suad., 843 So.2d 950 (Fla. 411I DCA 2003), Piullno v. R.F. Concrete Constr . Inc; 904 So.2d 658 (Fla. 4110 DCA 2005)
    A party guilty of fraud or misconduct in the prosecution of a civil proceeding should not be permitted to continue to employ the judiciary to achieve its ends where defendant asks this court for immediate relief and protection . .Andrews v. Polmas De Majorca Condo, 898 So.2d 1066 (FIa. 511I DCA 20(5)
    The plaintiff LBNA’s lack of ownership of the mortgage and the promissory note in this case goes to the heart of its claim of standing, permeates the entire proceeding and subverts the integrity of the action. Metropolitan Dade County v. Martinsen. 736 So.2d 794 (Fla. 311l DCA 1999)
    The plaintiff’s efforts to misrepresent ownership of the note are a mere pretense set up in bad faith and without color of filet. Reg Development, Inc v. Wachovia Supra and Furst v. BIac1mI01l. supra.
    It is appropriate for the trial court to dismiss an action based on fraud where there is a blatant showing of fraud, pretense. collusion, or other similar wrongdoing. Distefano v. Stale Farm Mutual. Automobile Ins. Co., 84(j So.2d 572, 514 (Fla. ) 51 DCA 2003)
    Rule 1210(a) of the Florida Rules of Civil Procedure provides in pertinent part:
    Every action may be prosecuted in the name of the real party in interest. but a personal representative. administrator, guardian. trustee of an express trust. a party with whom or in whose name a contract has been made for the benefit of another, or a party expressly authorized by statute may sue in that person’s own name without joining the party for whose benefit the action is brought. .
    The plaintiff meets none of these standing criteria.
    Standing requires that the party prosecuting the action have a sufficient stake in the outcome and that the party bringing the claim be recognized in the law as being a real party in interest entitled to bring the claim. This entitlement to prosecute a claim in
    Florida courts rest exclusively in those persons granted by substantive law, the power to
    enforce the claim. Kumar Corp. v. Nopa! Lines, Ltd. et al, 462 So.2d 1178 (F1a. 3d DCA
    1985)
    34. No Florida case holds that a separate entity can maintain suit on a note payable to another
    entity unless the requirements of Rule 1210{a) of the Florida Rules of Civil Procedure and applicable Florida Law are met. Corcoran v. Brody, 347 So.2d 689 (Fla. 4th DCA 1977)
    35. “The determination of standing to sue concerns a court’s exercise of jurisdiction to hear
    and decide the cause pled by a particular party.” Rogers & Ford Constr. Corp. 11.
    Corlandia Corp., 626 So.2d 1350, 1352 (Fla. 1993)
    36. Defendant Puentes seeks a dismissal of the plaintiff’s complaint on the basis of fraud on
    the court, making numerous misrepresentations, and under the circumstances of this case,
    “a formal evidentiary hearing on this motion to dismiss, as well as permissible discovery
    prior to the hearing, is required.” Dynasty Express Corp. v. Weiss, 675 So.2d 235, 239 (FIa 4* DCA 1996)
    37. Recent decisions of many courts from around the country from state courts, federal district
    courts and bankruptcy courts have caused actions such as the present to be dismissed for
    failure to state a claim and for ffailure to assert an injury in fact. Copies of these court
    orders, to date, can be presented to and filed with the Court and are incorporated herein.
    38. As held in the In re Foreclosure Actions, the appropriate documentation required to
    ….. -:
    effectuate an equitable assignment and having legal standing to bring a foreclosure action
    must be through a trust and/or assignment documents executed before the action was commenced, OT both as circumstances may require. 2007 WL 4034554 at *1 (N.D. Ohio
    2007). A trust cannot be effective until it bas been executed so the assignment documents
    that place property in trust would need to be executed before any action could be taken.
    Here. the assignment documents were not executed until after the action was brought in
    court.. This is a fraud upon the court and should be dismissed because the plaintiff’s bad no legal standing to even bring the action for foreclosure at the time that they did.
    Where a plaintiff does not own a mortgage OT have any interest in the mortgage at the time
    of filing foreclosure action, the case must be dismissed for failing to comply with
    statutory requirements of standing. See Davenport v. HSBC Bonk,275 Micb.App. 344,
    347-348, 739 N.W.2d 383, 385 (Mich.App..,2007) (Where the defendant did not own the
    mortgage or an interest in the mortgage at the time in which they commenced foreclosure
    proceedings. Quite simply, defendant did not yet own the indebtedness that it sought to foreclose. Because defendant lacked the statutory authority to foreclose” the foreclosure
    proceedings were void Db initio). See also Fleet Nal. Bonlc v. Nazareth.75 Conn.App.
    791. 794-795. 818 A.2d 69, 71 (Conn.App..2003) (In this case. however, the plaintiff was
    never the holder of the note. The Plaintiff has failed to cite any authority, nor has our
    research found any. to support its claim that it has standing to foreclose on the mortgage
    without ever having been assigned the note). See also m re Nosek,386 B1 374. 380 (Bkrtcy.D.Mass..2008) (Holding that those parties who do not hold the note or
    mortgage and who do not service the mortgage do not have standing to pursue motions for
    relief or other action arising :from the mortgage obligation. Schwartz, 366 B..R.. at 270).
    40. Similarly. where action was commenced only a few days before execution of an
    assignment, courts have held that the Plaintiff has no standing to bring an action in court.
    So regardless of the amount of time between the action being filed and the execution of
    -~~-
    the assignment, the assignment must be executed prior to any assignment. See Mongage
    Electronic Registration Systems. mers.. 17. Thompson, 2002 WL 521704 (Conn.Super 2002) (Plaintiff had no standing to bring foreclosure action, and thus, court lacked jurisdiction
    over action, where action was commenced at a time when Plaintiff had no interest in
    mortgage being foreclosed; defendant was served writ, summons and complaint three days before plaintiff was assigned mortgage to be foreclosed, and plaintiff offered court no
    evidence as to its legal or equitable right to bring action on or before date of service. C.G.SA § 49-17).
    Florida Courts have also held in similar cases that an assignment must be executed before a party may file suit. See Progressive W.1ns. Co. 1′. McGrath Comollmily Chiropractic. 913 So.2d 1281, 1287 (Fla.App. 2d DCA 200s)(Where an insurance provider alleged that insurance benefits were assigned to it without producing a written instrument, then amended the claim with a written instrument dated six months after the filing of the suit, held that the provider lacked standing because there was no assignment at the time that the case was filed in court).
    Courts have held that a party’s lack of standing is a defect that cannot be cured by acquiring the right of standing after action has already been filed. See Gwa1tnev of Smithfield. Ud. l’. CI}esgpeaJre BqyFound..lnc.. 484 us, 49, 69 (1987) (Scalia, J., concurring) (“Subject matter jurisdiction depends on the state of things at the time of the action brought). See Also Progressive Exp.ms. Co . 913 So.2d 1281. Compare to DasmoIlfl1estments. LLC v. RealtvAssoc. Fund m, LP.459 F. Supp. 2d 1294, 1302 (S.D. Fla., 2006)(Party suing on Promissory Note must be in actual possession of the original note to have standing).
    The plaintiff cannot in good faith deny knowledge of the judicial findings of these many courts around the country, it is now even in newspapers and on television, and these widely publicized issues relate directly to the underlying standing problem that Plaintiff LBNA has in this case and other cases.
    44.· The Plaintiff LBNA is fully aware that the trustee never owns Promissory’ notes as MERS once stated in the case of Mortgage Electronic RegistrLllioJJ Systems. Jnc. v. Nebrasm Department of Bonking, where MERS pronounced that as trustee of a pool of mortgage backed securities, It does not acquire mortgage loans . because it only holds legal title to members’ mortgages in a nominee capacity … and that it does not own the promissory notes secured by the mortgages and has 00 right to payments made to the Note.” LBNA as Trustee, is just like MERS as explained in the Nebraska case that “it (the trustee) mere)y immobilius the mortgage lien while transfers of the promissory Notes and servicing rights continue to occur.” Mor/gage Elec: RegisJration Sys., Inc. v. Nebraska Dept. a/Banking, 704 N.W.2d 714, 717 (Neb. 2005)
    As a result in the instant case, the plaintiff LBNA knew and was fully aware that it was asserting a right to foreclose as it was the owner and holder of tile subject mortgage and promissory note when the plaintiff knew that such right did not exist and die plaintiff fiu1her knew that it was not the owner or the holder of the subject mortgage note at 1he time the plaintiff filed its complaint herein alleging that it owns and holds and possesses the subject promissory note and mortgage. These allegations are utterly false and were knownpJaintiff to be false at the time the plaintiff filed this action on March 13~ 2008. In effect, plaintiff LBNA falsely represented the status of the debt, in particular, . that it was due and owing to plaintiff LNA at the time the suit was filed, and that LBNA was an innocent purchaser for value, when in fact, only an assignment for no value had not been accomplished days later on March 17.2008. All a total Sham.
    In Florida, the prosecution of’ a foreclosure action is by the rightful owner of the mortgage and the holder of1be promissory note. At the time of this filing, LBNA has not been shown to have a connection to this matter.
    It is clear from the mortgage and the assignment later produced and attached h~. that a person other than the plaintiff is the true owner of the claim sued upon and that the plaintiff is not the real party in interest and is not shown to be authorized to bring this action
    Florida Rule of Civi1; Procedure 1.130(a) requires a plaintiff to attach copies of all bonds, notes, bills of exchange, contracts, aecouats, or documents upon which action may be brought to its complaint. Instead, even before the assignment, LBNA was already claiming to be the rightful owner and that the “mortgage note had either been lost, destroyed. and that plaintiff was unable to state the manner in which this occurred … and after diligent search they were unable to obtain possession of the mortgage note:’ LBNA wants this court to believe that this is an isolated case involving the defendant Puentes, but
    in fact, they never owned the note and in many suits they bring, they make the same claims before the court often going unchallenged as they foreclosed on other’s property.
    The Plaintiff also has failed to attach a copy of any other document or contract upon which this action to prosecute the breach of a promissory note is being brought.
    Fla. R. Cw. P. Rule 131O(b)provides that all Exhibits attached to a pleading shall be considered a part of the pleadings for all purposes. It appears on the face of the plaintiff’s complaint and the documents attached thereto that the plaintiff is not the proper party to bring this action. Because the facts revealed by Plaintiff’s exhibits are inconsistent with Plaintiff’s allegations as to the ownership of the subject mortgage and note, those allegations are neutralized and Plaintiff’s complaint is rendered objectionable. Greenwald 1′. Triple D Properlies.lnc.. 424 So.2d 185, 187 (FIa. 411I DCA 1983).
    When exhibits are inconsistent with the Plaintiff’s allegations of material filed as to who the real party in interest is, such allegations cancel each other out. Fladellv. Palm Beach County Canvassing Board. 772 So.2d 11240 (Fla 2000); Greenwald 1′. Triple D Properties, Inc., 424 So.2d 185, 187 (Fla. 411I DCA 1983); Costa Bella Development Corp. v. Costa Development Corp., 441 So.2d 1114 (Fla. 3d DCA 1983).>
    -_.:,
    Lastly, Florida Rule 1..54O(b) also gives relief 1iom judgment, decrees or Orders if there is
    merit to the case, which there is in this case. In paragraph (b) on motion and upon such terms that are just. the court may relieve a party or a party’s legal representative from a final judgment, decree, order, or proceeding for the following reasons:
    i, Mistake, inadvertence, surprise. or excusable neglect;

    ii. Newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial or rehearing; and

    iii, Fraud (whether heretofore denominated intrinsic or extrinsic).

    Misrepresentation or other misconduct of an adverse party.

    The rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, decree, order, or proceeding or to set aside a judgment or decree for fraud upon the court. From the plaintiffs own pleading. it is easy to see where there have been both fraud and misrepresentation in this case and other eases which LBNA and their attorneys are also involved.

    WHEREFORE, The Defendant, XXXX, prays that this Honorable Court grant a hearing (if necessary’) and dismiss the Plaintiff’s complaint and this action with prejudice; immediately strike the Final Judgment of Foreclosure and the order scheduling foreclosure sale dated December 12. 2008; award this defendant all other relief to which this defendant proves himself entitled to including but not limited to an award for reasonable and necessary attorney’s fees; or in the alternative. issue a temporary restraining order to allow for a hearing on this matter as delay will not cause prejudice to non-standing party plaintiff LBNA but would severely harm defendant XXXX.

    CERTIFICATE OF SERVICE

    I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by regular Il.S, Mail and facsimile to ___________________. of January, 2009.
    Respectfully submitted.

  221. Ann, on March 4, 2010 at 8:06 pm said:

    REQUEST FOR PRODUCTION
    ——————————————-

    SUPERIOR COURT OF NEW JERSEY
    CANCERY DIVISION – ESSEX VICINAGE
    ——————————————————————X Civil Action
    Deutsche Bank National Trust Company# as Trustee of
    Argent Securities, Inc. Asset Backed Pass Through
    Certificates, Series 2004-PW1 Docket Number: XXX

    REQUEST FOR
    Plaintiff(s), PRODUCTION OF
    DOCUMENTS
    vs.

    XXX; JOHN DOE,
    HUSBAND OF XXX,
    XXX Ave
    Rosedale, NY 11422
    Defendant(s) Pro-Se
    ——————————————————————X

    REQUEST FOR DISCOVERY: PRODUCTION OF DOCUMENTS

    XXX serves this Request for Production of Documents on Deutsche Bank National Trust Company, per Case Management Order dated September 30, 2009, and as authorized by Federal Rule of Civil Procedure 34. As required by this Order and Rule 34(b), Deutsche Bank National Trust Company must produce all requested documents for inspection and copying either as they are kept in the ordinary course of business or segregated according to each request. The documents must be produced within 30 days of service of this request at: XXX, XXX Ave, Rosedale, NY 11422.

    INSTRUCTIONS
    i). These requests for production of documents are directed toward all information known or available to Deutsche Bank National Trust Company – not its lawyers with no firsthand knowledge of the records in this instant case – including information contained in the records and documents in Deutsche Bank National Trust Company’s custody, control or available to Deutsche Bank National Trust Company upon reasonable inquiry. Where requests for documents cannot be answered in full, they shall be answered as completely as possible. No answer or an incomplete answer shall be accompanied by a specification of the reasons for the lack of answer and the incompleteness of the answer and of whatever actual knowledge is possessed with respect to each unanswered or incompletely answered Request for Documents. Please state the name(s) of the senior officer(s) having firsthand knowledge of the facts herein and their title answering this request.

    ii). Each Request for Documents is to be deemed a continuing one. If, after serving an answer to any Request for Documents, you obtain or become aware of any further information pertaining to that Request for Documents, you are requested to serve a supplemental answer setting forth such information.

    iii). As to every Request for Documents which you fail to answer in whole or in part, the subject matter of that document request will be deemed confessed and stipulated as fact to the Court.

    iv). For each document or other requested information that Deutsche Bank National Trust Company asserts is privileged or is not discoverable, identify that document or other requested information. State the specific grounds for the claim of privilege or other grounds for exclusion.

    v). For each document that Deutsche Bank National Bank Trust Company claims is not discoverable, state (1) the information required by the definition of “document” below, (2) the author’s job title and address, (3) the recipient’s job title and address, (4) the name and job title of all persons to whom it was circulated or who saw it, (5) the name, job title, and address of the person now in possession of the document, and (6) the document’s present location.

    vi). For a document that no longer exists or cannot be located, identify the document, state how and when it passed out of existence or when it could no longer be located, and state the reasons for the disappearance. Also, identify each person having knowledge about the disposition or loss of the document, and identify any other document evidencing the lost document’s existence or any facts about the lost document.

    vii). As to every Request for production which you fail to answer in whole or in part, the subject matter of that production will be deemed confessed and stipulated as fact to the Court.

    viii). Answer each request for production separately by listing the documents and by describing them as defined below. If documents are numbered for production, in each response, provide both the information that identifies the document and the document’s number.

    DEFINITIONS

    The following terms have the following meanings, unless the context requires otherwise:

    ix). Parties. The term “plaintiff” or “defendant,” as well as a party’s full or abbreviated name or a pronoun referring to a party, means the party and, where applicable, {his/her/its} agents, representatives, officers, directors, employees, partners, corporate parent, subsidiaries, or affiliates. This definition is not intended to impose a discovery obligation on any person who is not a party to the litigation.
    x). Person. The term “person” means any natural person, any business, a legal or governmental entity, or an association.
    xi). Document. The term “document” is synonymous in meaning and equal in scope to the usage of this term in Federal Rule of Civil Procedure 34(a) and includes computer records in any format. A draft or non-identical copy is a separate document within the meaning of this term. The term “document” also includes “any tangible things” as that term is used in Rule 34(a).
    xii). Communication. The term “communication” means the transmittal of information in the form of facts, ideas, inquiries, or otherwise.
    xiii). Identify (person). When referring to a person, “identify” means to give to the extent known the person’s full name, present or last known address, telephone number, and, when referring to a natural person, the present or last known place of employment. Once a person has been identified in compliance with this paragraph, only the name of that person needs to be listed in response to later discovery requesting the identification of that person.
    xiv). Identify (document). When referring to a document, “identify” means to give, to the extent known, the following information: (1) the type of document; (2) the general subject matter of the document; (3) the date of the document; (4) the authors, addressees, and recipients of the document; (5) the location of the document; (6) the identity of the person or entity who has custody of the document; and (7) whether the document has been destroyed, and, if so, the (a) date of its destruction, (b) reason for its destruction, and (c) identity of the person who destroyed it.
    xv). Relating. The term “relating” means concerning, referring, describing, evidencing, or constituting, directly or indirectly.
    xvi). Any. The term “any” should be understood in either its most or its least inclusive sense as necessary to bring within the scope of the discovery request all responses that might otherwise be construed to be outside of its scope.
    xvii). And/Or. The connectives “and” and “or” should be construed either disjunctively or conjunctively as necessary to bring within the scope of the discovery request all responses that might otherwise be construed to be outside of its scope.
    xviii). Number. The use of the singular form of any word includes the plural and vice versa.
    xiv). Deutsche Bank National Trust Company includes any and all persons, all past and current employees and agents acting, for in concert or behalf of Deutsche Bank National Trust Company each of your directors, employees, fiduciaries, representatives and agents, of this allege plaintiff, and any individual over which this allege plaintiff, exercises the power to control and direct as well as everyone acting for or on behalf of Deutsche Bank National Trust Company having firsthand knowledge.

    xx). “Documents” or “documents” means writings of every kind and character pertaining to the designated subject matter, including, without limitation and not limited to, the original and a certified copy, regardless of origin or location, of any regulation, court decision, book, pamphlet, periodical, letter, memorandum, file, note, diary, calendar, newspaper, magazine, statement, bill, invoice, order, policy, telegram, correspondence, summary, receipt, opinion, investigation statement or report, schedule, manual, financial statement, audit, tax return, articles of incorporation, bylaws, stock book, minute book, agreement, contract, deed, security agreement, mortgage, deed of trust, title or other insurance policy, report record, study, Note which indicates or constitutes evidence of debt, monetary instrument, contract for services or transfer of money between Plaintiff and any other person (natural or artificial), hand written note, map, drawing, working paper, chart, paper, draft, index, tape microfilm, e-mail, data sheet, data processing card, computer printout, computer program, check, bank statement, passbook or other written, typed, printed, photocopied, dittoed, mimeographed, recorded, transcribed, punched, taped, filmed, photographic or graphic matter, however produced, to which you have or have not had access.

    xxi). The term “equity in the original note” refers to the fact that not only does Deutsche Bank National Trust Company have physical possession of the original promissory note and custody like a fiduciary, but must have also vested financial interest in such: it legally belongs to Deutsche Bank National Trust Company.

    DOCUMENTS REQUESTED
    1) Please identify the true owner of this obligation pursuant to 15 U.S.C. § 1641(f)(2) and describe your relationship to this entity.
    RESPONSE:

    2) Produce copies of complaints or petitions in any action filed by or against Deutsche Bank National Trust Company in which allegations are similar to those of this suit.
    RESPONSE:

    3) Produce settlement agreements that Deutsche Bank National Trust Company has entered into with any party or non-party as a result of or relating to this instant case.
    RESPONSE:

    4) For each payment received, produce a complete payment history, including but not limited to the dates and amounts of all the payments that have been made on the alleged loan to date, how the payment was applied or credited (indicating the portion, if any, applied or credited to principal, interest, escrow or suspense, and any Servicer), the month to which the payment was applied and if interest and principle is calculated using an daily actuarial accounting method;
    RESPONSE:

    5) Produce a certified copy of all Truth in Lending material disclosures provided at any purported closing and all written notices that informed Defendant of all effective dates concerning the transfer of the Note and Security Instrument pursuant to 12 USC § 2605(c);
    RESPONSE:

    6) Produce a certified copy of all letters, statements, documents, and material disclosures sent to Defendant by Servicers, Sub-Servicers or others in your file or in your control or possession or in the control or possession of any affiliate, parent company, agent, Sub-Servicers, Servicers, attorney or other representative of your company;
    RESPONSE:

    7) Produce all accounting ledger cards, journal entries and/or bookkeeping entries regarding the crediting of any and all Promissory Notes, money equivalents, or similar instruments, identified as or evidencing assets provided by and/or signed by the borrowers and consumers relating to this Account.
    RESPONSE:

    8) Produce a copy of all account receivables or payable, (including the amount, payment date, purpose, length of insurance term, and recipient of all expenses including appraisal fees, property inspection/preservation fees, force-placed insurance charges, title insurance, hazard insurance, legal fees, recoverable corporate advances) relating to this Account that Argent Mortgage Company, LLC, Argent Securities, Inc., Deutsche Bank National Trust Company and any other bank, depository or financial institution and/or mortgage servicers recorded in its accounting ledger card and bookkeeping journal entries since the origination of this loan;
    RESPONSE:

    9) Produce the particulars of this Account setting forth each item recorded on the account since origination to include any and all Promissory Notes, money equivalents, or similar instruments, identified as or evidencing assets provided by and/or signed by the borrower and consumers on which Deutsche Bank National Trust Company or any other entity based an amount alleged due and owing, and the date that each item was delivered to the Plaintiff;
    RESPONSE:

    10) Produce an identification of the source of the funds used to fund the loan since its origination, including account name(s), number(s), and amount(s), including identification of the source of the funds Deutsche Bank National Trust Company used to purchase any and all Promissory Notes, money equivalents, or similar instruments, identified as or evidencing assets provided by and/or signed by the borrowers and consumers, and claims shall be due and owing, and the date the purchase was completed by Deutsche Bank National Trust Company or any subsequent Servicer;
    RESPONSE:

    11) Produce certified copies, front and back, of all checks or wire transfer confirmation obtained or issued by Argent Mortgage Company, LLC and used to fund and purchase this obligation, including all copies of checks or wire transfers paid as third-party fees at the closing by Argent Mortgage, LLC;
    RESPONSE:

    Further, you are hereby requested to produce the following documents and information as related to public disclosure of securities under SEC rules and servicing of this obligation – SEC File No.: 333-112237-01:

    12) A certified copy of all recourse agreements (including, the Master Pooling and Servicing Agreements, the Mortgage Loan Purchase Agreement, the Trust Agreement, Servicer Agreement, Assignment and Assumption Agreement, SEC Forms 424(b)(5), 8K, 10K, 10D, REMIC, NIMS Insurer) between the Servicers, Argent Securities, Inc., Argent Mortgage Company, LLC, Ameriquest Mortgage Company, Deutsche Bank National Trust Company and the SPV, and any other entity who claims ownership in this obligation whereby the original promissory note agreement and collateral instruments were pooled and securitized into a mortgage-backed security in the structured finance transaction;
    RESPONSE:

    13) Pursuant 17 CFR 240.12g5-1 provide the name of the “record holders” and/or the name of “each person who is identified as the owner of such securities on records of security holders maintained by or on behalf of the issuer.”
    RESPONSE:

    14) A certified copy of the Registration Statement as that term is defined under 15 USC § 77b(a)(8), i.e.; Form 8-A (short form) and Form 10 (long form) Registration Statements under the 1934 Act, Form S-1 and S-3 Registration Statement under the 1933 Act;
    RESPONSE:

    15) Any request for exemption or No-action letters from SEC with respect to their securities and all ACTS and certified copies of the application filed with the SEC for exempt status and the order issued by the SEC granting exempt relief from the appropriate provisions;
    RESPONSE:

    16) If no registration statement pursuant to the 1933 Act is available or otherwise required, please provide a comprehensive description that meets the “General Statement” of Regulation S and satisfies the conditions applied to the “Safe Harbor” rule.
    RESPONSE:

    17) The Tax Equity and Fiscal Responsibility Act of 1982 (“TEFRA”) Pub. L. 97-248, 96 Stat. 324, a bearer debt security generally must be issued under arrangements reasonably designed to ensure that such obligation will be sold only to a person who is not a United States person and must satisfy certain other conditions identified in the Tax Code § 163(f)(2)(B), and as such please provide:
    a) The Identify of all parties with ownership interest who have met the criteria as adopted by Treasury Regulation § 1.163-5(c)(i)(D) “TEFRA D” and § 1.163-5(c)(i)(C) “TEFRA C”
    RESPONSE:

    b) Certified copies of all statements on a U.S. Form W-8 or substitute thereto certifying the owner’s non-U.S. status where the obligations issued in registered form are not subject to the TEFRA rules and considered “portfolio interest.”
    RESPONSE:

    c) All information statements and returns filed with the IRS which identifies the name and address of all recipients of interest and original issue discount that meets the provisions of a U.S. obligor making payments to a foreign person under the Tax Code §§ 871(a)(1), 881(a), 1441(a), 1442(a) and § 6049
    RESPONSE:

    18) A description whether the Special Purpose Vehicle or the originator is the “issuer” as that term is defined under 15 USC § 80a-2(a)(22) for registration purposes under the Investment Company Act of 1940;
    RESPONSE:

    19) A description whether the pool or securities issued were required to register under the statutory or statistical definition of the 1940 Act? i.e., pursuant 17 CFR 270.3a-7 and if exempt, describe the characteristics that define the exception and avoids all requirements;
    RESPONSE:

    20) The allonge, front and back, affixed to my original promissory note with indorsements (including the dates endorsed) relating to and/or associated with this transaction, as outlined in the SEC Prospectus [Rule 424(b)(5)], Account No.: 0000882377-04-001138 filed on June 1, 2004 as follows: Argent Mortgage Company, LLC (Originator) sold the mortgage loan to Ameriquest Mortgage Company (Seller & Master Servicer) who then sold the mortgage loan to Argent Securities, Inc. (Depositor).
    RESPONSE:

    Please be aware that the information contained in or filed with a Registration Statement as that term is defined under 15 USC § 77b(a)(8) shall be made available to the public under 15 U.S.C. § 77f(d) including any amendment thereto and any report, document, or memorandum filed as part of such statement or incorporated therein by reference.

    Nothing in the above requested documentation is proprietary under SEC rules, and is needed to determine accurate assignee liability and any pecuniary interest of Servicers and/or Trustees. Failure to provide the requested information confirms willful deceit on the part of Deutsche Bank National Trust Company, has legal implications and application under 17 CFR § 240.10b-5; (Rule 10b-5), of the 1934 Act, and applies to everyone, including any reference to Internal Revenue Code for evasion or money-laundering.

    Prepared and Submitted by: XXX
    XXX Avenue
    Rosedale, NY 11422

    CERTIFICATE OF SERVICE

    I, XXX certify that on this 29th day of the month of October, 2009.
    1. A true copy of the 12-page Request for Production Of Documents was served on The New Superior Court of New Jersey, Chancery Division – Essex Vincinage, at 212 Wasington Street, Eighth Floor, Newark, New Jersey.

    2. A copy of the foregoing was mailed on October 28 2009 to Ralph F. Casale, Esq., 290 Route 46 West, Denville, New Jersey 07834 by Express Mail No. XXX.

    Dated: Queens New York
    This _________ day of ___________ 2009 XXX
    XXX Ave
    Rosedale, NY 11422

  224. brian davies, on March 3, 2010 at 10:32 pm said:

    getting evidence into the mix.
    judicial notice is one way.

    I am in the actual discovery process.
    I will post online for all to see and comment.

    http://www.scribd.com/doc/27795950/Judicial-Notice-in-Support-of-Opposition-Brian-Davies-uamc-dbntc-ndex-west-onewest-bank-pribus-v-bush-landmark-v-Kessler-mortgage-electronic-r

  225. Ann, on March 3, 2010 at 12:34 pm said:

    IN THE CIRCUIT COURT OF THE
    FOURTH JUDICIAL CIRCUIT, IN AND
    FOR DUVAL COUNTY, FLORIDA

    CASE NO.:16-2007-CA-00852-XXXX-MA
    DIVISION: CV-D

    DEUTSCHE BANK NATIONAL TRUST COMPANY
    Plaintiff,
    vs.

    ERICO LOGAN, ET AL,
    Defendant.
    ______________________________/

    DEFENDANTS ERICO LOGAN AND GLORIA BROOK’S ANSWER
    AFFIRMATIVE DEFENSES; COUNTERCLAIMS AND DEMAND FOR JURY TRIAL

    COME NOW, the separate Defendants and for their answer, affirmative defenses, counterclaims and demand for jury trial , state:
    COUNT I
    Denied that the plaintiff has stated a cause of action to reestablish a promissory note pursuant to F. S. 673.3091.
    Admit execution of note, deny that the note was executed and delivered in favor of plaintiff or plaintiff’s assignor.
    Denied. The plaintiff has not stated a cause of action to reestablish a promissory note pursuant to F. S. 673.3091.
    Denied. The plaintiff has not stated a cause of action to reestablish a promissory note pursuant to F. S. 673.3091.
    Denied. The plaintiff has not stated a cause of action to reestablish a promissory note pursuant to F. S. 673.3091.
    Denied. The plaintiff has not stated a cause of action to reestablish a promissory note pursuant to F. S. 673.3091.
    Defendant admits that the plaintiff does not own the mortgage or the note, admits that the plaintiff does not hold the note; however that plaintiff does not have legal possession of and cannot obtain possession of the subject note or determine its whereabouts. The plaintiff has not stated a cause of action to reestablish a promissory note pursuant to F. S. 673.3091.
    Denied.
    Denied and move to strike on account of Paragraph 9 of the plaintiff’s complaint does not contain a fact allegation.
    Denied. The plaintiff has not stated a cause of action to foreclose a mortgage.
    Admit.
    Denied.
    Admited.
    Denied.
    Denied.
    Denied.
    Denied.
    Denied.
    Denied.
    Denied.
    Denied.
    22. Defendant denies that this plaintiff has stated a cause of action for foreclosure because on the date this lawsuit was filed the plaintiff was not the true owner of the claim sued upon; is not the real party in interest and is not shown to be authorized to bring this foreclosure action.
    23. Defendants request the court dismiss this action pursuant to Rules 1.210(a) and 1.140(7) of the Florida Rules of Civil Procedure because it appears on the face of the complaint and the documents attached to the plaintiff’s March 12, 2007 notice of filing that a person other than the Plaintiff is the true owner of the claim sued upon on the date this action was commenced and that the Plaintiff was not the real party in interest at the commencement of this action, had no interest in the subject mortgage and note at the date on which the subject complaint for foreclosure was filed and is not shown to be authorized to bring this foreclosure action.
    24. This action was commenced on January 29, 2007, but the assignment upon which the plaintiff is relying to support its claims is based on an assignment dated February 5, 2007, which post dates the filing of the complaint.
    25. Additionally, the plaintiff has filed a separate assignment that conflicts with the February 5, 2007 assignment because on August 14, 2007, the date of the purported second assignment, the assignor had already transferred its interest in the subject mortgage and note to another entity and further because there was a lack of any consideration for the August 14, 2007 assignment.
    26. The filing of these two assignments by the plaintiff, neither of which support the plaintiff’s claim of ownership of the subject mortgage on the date this foreclosure was filed, are a sham and a fraud on the court.
    27. Plaintiff came into the this court alleging that it owned the subject loan on January 29, 2007, the date this action was commenced when the plaintiff was fully aware that was not true. This is fraud on the court.
    28. Fla.R.Civ.P. Rule 1.130(a) requires a Plaintiff to attach copies of all bonds, notes, bills of exchange, contracts, accounts, or documents upon which action may be brought to its complaint.
    29. Although the plaintiff alleges in its complaint that it is the owner of the promissory note and the mortgage that are the subject of this foreclosure action, the note and mortgage and assignments attached to the plaintiff’s complaint and to the plaintiff’s notice of filing conflict with these allegations and therefore the contents of actual mortgage and note cancel out the inconsistent and conflicting assignments and allegations as to the ownership of the note and mortgage at the commencement of this action.
    30. When exhibits are inconsistent with the plaintiff’s allegations of material fact as to who the real party in interest is, such allegations cancel each other out. Fladell v. Palm Beach County Canvassing Board, 772 So.2d 1240 (Fla. 2000); Greenwald v. Triple D Properties, Inc., 424 So. 2d 185, 187 (Fla. 4th DCA 1983); Costa Bella Development Corp. v. Costa Development Corp., 441 So. 2d 1114 (Fla. 3rd DCA 1983).
    31. Plaintiff was not the real party in interest on the date this action was commenced and is not shown to be authorized to bring this action.
    32. Because the facts revealed by the exhibits attached to the plaintiff’s complaint and in the Plaintiff’s notice of filing are inconsistent with Plaintiff’s allegations as to ownership of the subject note and mortgage, those allegations are neutralized and Plaintiff’s complaint is rendered objectionable. Greenwald v. Triple D Properties, Inc., 424 So.2d 185,187 (Fla. 4th DCA 1983).
    AFFIRMATIVE DEFENSES
    1. FAILURE OF CONTRACTUAL CONDITION PRECEDENT: NO NOTICE OF DEFAULT: Plaintiff failed to provide Separate Defendants with a Notice of Default and Intent to Accelerate as required by and/or that complies with Paragraph 22 of the subject mortgage.  As a result, Separate Defendants have been denied a good faith opportunity, pursuant to the mortgage and the servicing obligations of the Plaintiff, to avoid acceleration and this foreclosure. 
    2.   NO HUD COUNSELING NOTICE: Plaintiff failed to comply with the foreclosure prevention loan servicing requirement imposed on Plaintiff pursuant to the National Housing Act, 12 U.S.C. 1701x(c)(5) which requires all private lenders servicing non-federally insured home loans, including the Plaintiff, to advise borrowers, including this separate Defendant, of any home ownership counseling Plaintiff offers together with information about counseling offered by the U.S. Department of Housing and Urban Development.  The U.S. Department of Housing and Urban Development has determined that 12 U.S.C. 1701x(c)(5) creates an affirmative legal duty on the part of the Plaintiff. Plaintiff’s non-compliance with the law’s requirements is an actionable event that makes the filing of this foreclosure premature based on a failure of a statutory condition precedent to foreclosure which denies Plaintiff’s ability to carry out this foreclosure.  Plaintiff cannot legally pursue foreclosure unless and until Plaintiff demonstrates compliance with 12 U.S.C. 1701x(c)(5).
    3. PLAINTIFF FAILED TO COMPLY WITH APPLICABLE POOLING AND SERVICING AGREEMENT LOAN SERVICING REQUIREMENTS: Plaintiff failed to provide separate Defendants with legitimate and non predatory access to the debt management and relief that must be made available to borrowers, including this Defendant pursuant to and in accordance with the Pooling and Servicing Agreement filed by the plaintiff with the Securities and Exchange Commission that controls and applies to the subject mortgage loan. Plaintiff’s non-compliance with the conditions precedent to foreclosure imposed on the plaintiff pursuant to the applicable pooling and servicing agreement is an actionable event that makes the filing of this foreclosure premature based on a failure of a contractual and/or equitable condition precedent to foreclosure which denies Plaintiff’s ability to carry out this foreclosure. 
    a. Defendants assert that the special default loan servicing requirements contained in the subject pooling and servicing agreement, to be filed in pertinent part and which is on file at: http://www.secinfo.com , are incorporated into the terms of the mortgage contract between the parties as if written therein word for word and the defendants are entitled to rely upon the servicing terms set out in that agreement.
    b. Alternatively or additionally, the defendants are third party beneficiaries of the Plaintiff’s pooling and servicing agreement and entitled to enforce the special default servicing obligations of the plaintiff specified therein.
    c. Plaintiff cannot legally pursue foreclosure unless and until Plaintiff demonstrates compliance with the foreclosure prevention servicing imposed by the subject pooling and servicing agreement under which the plaintiff owns the subject mortgage loan.
    d. The Plaintiff failed, refused or neglected to comply with prior to the commencement of this action with the servicing obligations specifically imposed on the plaintiff by the PSA in many particulars, including, but not limited to:
    1. Plaintiff failed to service and administer the subject mortgage loan in compliance with all applicable federal state and local laws.
    2. Plaintiff failed to service and administer the subject loan in accordance with the customary an usual standards of practice of mortgage lenders and servicers.
    3. Plaintiff failed to extend to defendants the opportunity and failed to permit a modification, waiver, forbearance or amendment of the terms of the subject loan or to in any way exercise the requisite judgment as is reasonably required pursuant to the PSA.
    e. Plaintiff’s failure to meet the servicing obligations imposed by the PSA cause the filing by plaintiff of this foreclosure to be in premature, in bad faith and a breach by plaintiff of its obligation to defendants implied in the mortgage contract and as specified in writing in the PSA, to act in good faith and to deal fairly with defendants.
    f. Instead, plaintiff’s servicing failures as set forth herein render plaintiff’s actions in filing this premature foreclosure to be in bad faith and not acceptable loan servicing under the written contracts between the parties which include the mortgage, the PSA incorporated therein or by which defendants are third party beneficiaries thereof and the promissory note.
    g. Plaintiff intentionally failed to act in good faith or to deal fairly with these Defendants by failing to follow the applicable standards of residential single family mortgage lending and servicing as described in these Affirmative Defenses thereby denying these Defendants access to the residential mortgage lending and servicing protocols applicable to the subject note and mortgage.
    4. ILLEGAL CHARGES ADDED TO BALANCE: Plaintiff has charged and/or collected payments from Defendants for attorney fees, legal fees, foreclosure costs, late charges, property inspection fees, title search expenses, filing fees, broker price opinions, appraisal fees, and other charges and advances, and predatory lending fees and charges that are not authorized by or in conformity with the terms of the subject note and mortgage or the controlling pooling and servicing agreement which specifies the waiver of late payments and other collection charges as part of the forbearance and loan modification default loan servicing. Plaintiff wrongfully added and continues to unilaterally add these illegal charges to the balance Plaintiff claims is due and owing under the subject note and mortgage.
    5. FAILURE OF GOOD FAITH AND FAIR DEALING: UNFAIR AND UNACCEPTABLE LOAN SERVICING: Plaintiff intentionally failed to act in good faith or to deal fairly with the subject Defendants by failing to follow the applicable standards of residential single family mortgage servicing as described in these Affirmative Defenses thereby denying Defendant s access to the residential mortgage servicing protocols applicable to the subject note and mortgage.
    6. UNCLEAN HANDS: The Plaintiff comes to court with unclean hands and is prohibited by reason thereof from obtaining the equitable relief of foreclosure from this Court. The Plaintiff’s unclean hands result from the Plaintiff’s improvident and predatory intentional failure to comply with material terms of the mortgage and note; the failure to comply with the default loan servicing requirements that apply to this loan, all as described herein above. As a matter of equity, this Court should refuse to foreclose this mortgage because acceleration of the note would be inequitable, unjust, and the circumstances of this case render acceleration unconscionable. This court should refuse the acceleration and deny foreclosure because Plaintiff has waived the right to acceleration or is estopped from doing so because of misleading conduct and unfulfilled contractual and equitable conditions precedent.
    WHEREFORE, Defendants demands the Plaintiff’s complaint be dismissed with prejudice and for fraud on the court, and for their attorney’s fees and costs and for all other relief to which this Court finds Defendants entitled.
    7. PLAINTIFF LACKS STANDING: DEUTSCHE BANK NATIONAL TRUST COMPANY is not the true owner of the claim sued upon, is not the real party in interest and is not shown to be authorized to bring this foreclosure action.
    COUNTERCLAIMS
    COUNT I: DECLARATORY AND INJUNCTIVE RELIEF
    1. This is an action for declaratory and injunctive relief against the Plaintiff.
    2. Plaintiff failed to provide Separate Defendants with a Notice of Default and Intent to Accelerate as required by and/or that complies with Paragraph 22 of the subject mortgage.
    3. Plaintiff failed to comply with the foreclosure prevention loan servicing requirement imposed on Plaintiff pursuant to the National Housing Act, 12 U.S.C. 1701x(c)(5) which requires all private lenders servicing non-federally insured home loans, including the Plaintiff, to advise borrowers, including this separate Defendant, of any home ownership counseling Plaintiff offers together with information about counseling offered by the U.S. Department of Housing and Urban Development. 
    4. Plaintiff cannot legally pursue foreclosure unless and until Plaintiff demonstrates compliance with 12 U.S.C. 1701x(c)(5).
    5. Plaintiff failed to provide separate Defendants with legitimate and non predatory access to the debt management and relief that must be made available to borrowers, including this Defendant pursuant to and in accordance with the Pooling and Servicing Agreement filed by the plaintiff with the Securities and Exchange Commission that controls and applies to the subject mortgage loan.
    6. Plaintiff’s non-compliance with the conditions precedent to foreclosure imposed on the plaintiff pursuant to the applicable pooling and servicing agreement is an actionable event that makes the filing of this foreclosure premature based on a failure of a contractual and/or equitable condition precedent to foreclosure which denies Plaintiff’s ability to carry out this foreclosure. 
    7. The special default loan servicing requirements contained in the subject pooling and servicing agreement are incorporated into the terms of the mortgage contract between the parties as if written therein word for word and the defendants are entitled to rely upon the servicing terms set out in that agreement.
    8. Defendants are third party beneficiaries of the Plaintiff’s pooling and servicing agreement and entitled to enforce the special default servicing obligations of the plaintiff specified therein.
    9. Plaintiff cannot legally pursue foreclosure unless and until Plaintiff demonstrates compliance with the foreclosure prevention servicing imposed by the subject pooling and servicing agreement under which the plaintiff owns the subject mortgage loan.
    10. The section of the Pooling and Servicing Agreement (PSA) is a public document on file and online at http://www.secinfo.com and the entire pooling and servicing agreement is incorporated herein.
    11. The Plaintiff failed, refused or neglected to comply, prior to the commencement of this action, with the servicing obligations specifically imposed on the plaintiff by the PSA in many particulars, including, but not limited to:
    a. Plaintiff failed to service and administer the subject mortgage loan in compliance with all applicable federal state and local laws.
    b. Plaintiff failed to service and administer the subject loan in accordance with the customary an usual standards of practice of mortgage lenders and servicers.
    c. Plaintiff failed to extend to defendants the opportunity and failed to permit a modification, waiver, forbearance or amendment of the terms of the subject loan or to in any way exercise the requisite judgment as is reasonably required pursuant to the PSA.
    12. The Plaintiff has no right to pursue this foreclosure because the Plaintiff has failed to provide servicing of this residential mortgage loan in accordance with the controlling servicing requirements prior to filing this foreclosure action.
    13. Defendants have a right to receive foreclosure prevention loan servicing from the Plaintiff before the commencement or initiation of this foreclosure action.
    14. Defendants are in doubt regarding their rights and status as borrowers under the National Housing Act and also under the Pooling and Servicing Agreement filed by the plaintiff with the Securities and Exchange Commission. Defendants are now subject to this foreclosure action by reason of the above described illegal acts and omissions of the Plaintiff.
    15. Defendants are being denied and deprived by Plaintiff of their right to access the required troubled mortgage loan servicing imposed on the plaintiff and applicable to the subject mortgage loan by the National Housing Act and also under the Pooling and Servicing Agreement filed by the plaintiff with the Securities and Exchange Commission.
    16. Defendants are being illegally subjected by the Plaintiff to this foreclosure action, being forced to defend the same and they are being charged illegal predatory court costs and related fees, and attorney fees. Defendants are having their credit slandered and negatively affected, all of which constitutes irreparable harm to Defendants for the purpose of injunctive relief.
    17. As a proximate result of the Plaintiff’s unlawful actions set forth herein, Defendants continue to suffer the irreparable harm described above for which monetary compensation is inadequate.
    18. Defendants have a right to access the foreclosure prevention servicing prescribed by the National Housing Act and under the Pooling and Servicing Agreement filed by the plaintiff with the Securities and Exchange Commission which right is being denied to them by the Plaintiff.
    19. These acts were wrongful and predatory acts by the plaintiff, through its predecessor in interest, and were intentional and deceptive.
    20. There is a substantial likelihood that Defendants will prevail on the merits of their counterclaims.
    WHEREFORE, Defendants request the Court dismiss the Plaintiff’s complaint with prejudice, enter a judgment pursuant to Fla. Stat. 86 declaring that the Plaintiff is legally obligated to provide the Defendants with access to the special troubled loan servicing prescribed by the National Housing Act and under the Pooling and Servicing Agreement filed by the plaintiff with the Securities and Exchange Commission and enjoining the Plaintiff from charging foreclosure fees and costs and from commencing or pursuing this foreclosure until such servicing is provided to this Defendant, for attorney’s fees and for all other relief to which Defendant proves themselves entitled.

    COUNT II: ILLEGAL CONSUMER COLLECTION
    Defendants reassert and reallege, as their Statement of Facts, paragraphs 2 through 20, inclusive as set out in Count I of these counterclaims.
    22. Defendants are consumers and the obligation between the parties which is the debt owned pursuant to the subject note and mortgage is a consumer debt as defined in F. S. Section 559.55(1).
    23. Plaintiff has engaged in consumer collection conduct which amounts to a violation of F.S. Section 559.72(9) as set out below and Defendants, as a proximate result thereof, have sustained economic damages for which the Defendants are entitled to compensation from the Plaintiff, pursuant to F.S. Section 559.77.
    24. Plaintiff’s collection activities described herein violated F.S. 559.72(9) in that the Plaintiff is claiming, attempting and threatening to collect and enforce this consumer mortgage debt by this foreclosure action when the Plaintiff knows that the right to pursue foreclosure does not exist.
    25. These acts were wrongful and predatory acts by the plaintiff, through its predecessor in interest, and were intentional and deceptive.
    26. Additionally, the reason the Plaintiff does not have a legal right to pursue this foreclosure is because the Plaintiff has failed to first comply with the foreclosure prevention loan servicing obligations imposed on Plaintiff prescribed by the National Housing Act and under the Pooling and Servicing Agreement filed by the plaintiff with the Securities and Exchange Commission.
    27. These foreclosure prevention loan servicing obligations are imposed on the Plaintiff pursuant to the National Housing Act, 12 U.S.C. Section 1710(a) and the Pooling and Servicing Agreement filed by the plaintiff with the Securities and Exchange Commission.
    28. The Plaintiff is claiming, attempting and threatening to collect fees and charges including, but not limited to, attorney fees, legal fees, foreclosure costs, late charges, property inspection fees, title search expenses, filing fees, broker price opinions, appraisal fees, and other charges and advances, and predatory lending fees and charges all of which are not authorized by or in conformity with the terms of the subject note and mortgage.
    29. Plaintiff wrongfully added and continues to unilaterally add these illegal charges to the balance Plaintiff claims is due and owing under the subject note and mortgage.
    30. Plaintiff continues to claim, attempt, and threaten to enforce this mortgage debt through acceleration and foreclosure when the Plaintiff knows that such conduct is in bad faith because the Plaintiff has charged and collected money from defendants that they did not owe; forced defendants into deepening indebtedness and then failed to meet the contractual and statutory conditions precedent before filing this action to collect this consumer debt.
    31. As a result of the Plaintiff’s failure to properly service this mortgage loan before filing this foreclosure action, Defendants have been damaged and Defendants seek to recover their actual or statutory damages from the Plaintiff under F.S. 559.77.
    WHEREFORE, Defendants demand the Plaintiff’s complaint be dismissed with prejudice, for an award of damages in defendants’ favor and against the plaintiff for their actual or statutory damages whichever is greater and for their attorney’s fees and costs and for all other relief to which this Court finds Defendants entitled.
    DEMAND FOR TRIAL BY JURY
    Defendants hereby demands trial by jury. 
    WHEREFORE, Defendants demand the Plaintiff’s complaint be dismissed with prejudice for failure to state a cause of action and for fraud on the court, and for judgment against the plaintiff for their damages, for an award of attorney’s fees and costs and for all other relief to which this Court finds Defendants entitled.
    CERTIFICATE OF SERVICE
    The undersigned certifies that a true copy of this document has been mailed to Sean Moloney and to Linda Chelvam, Law Offices of Marshall C. Watson, P.A. 1800 N.W. 49th Street, Suite 120, Fort Lauderdale, FL 33309, Attorney for Plaintiff this ______________________________.
    JACKSONVILLE AREA LEGAL AID, INC.
    _______________________________ APRIL CARRIE CHARNEY, Esquire Fla. Bar No.: 310425
    126 West Adams Street
    Jacksonville, Florida 32202
    Telephone: (904) 356-8371, ext.373
    Facsimile: (904) 224-7050
    april.charney@jaxlegalaid.org
    Attorney for Defendants

  226. Steven, on March 2, 2010 at 7:55 pm said:

    So far, the best solutions (in my humble opinion) to fighting and staving off foreclosures can be found on this site:

    http://alturl.com/czya

    Specifically, sign up for free, then look in the free archives at the administrative process. This one process works to stop the pretender lenders in their tracks and get you clear title.

  227. Bob, on February 28, 2010 at 1:32 am said:

    I’m in florida I applied for mortgage and received the loan 2004 at the end of construction no closing and no assigement . The orinigal servicer Bank FFS sold to COLONIAL and colonial Chapter 11 and BB&T trying to service the loan. I sent a QWR and they have not answered. 10 months not in forclosure yet . Should I file a sute aganist them or wait for them to try to foreclosure. The banks are lobbing congress to try to
    pass a bill on July 1 , 2010 to make florida a non Judicial State.

  228. julio baisa, on February 22, 2010 at 12:32 pm said:

    thank you for this information.

    please add my email adress.

    julio baisa
    408-417-3823

  229. Beth D., on February 18, 2010 at 1:56 pm said:

    Hey what your phone number.

  231. Ann, on January 22, 2010 at 4:11 pm said:

    IN THE CIRCUIT COURT OF THE XXXXX JUDICIAL CIRCUIT, IN AND FOR MIAMI DADE COUNTY, FLORIDA

    CASE NO:

    US BANK

    Plaintiff(s)

    VS.

    SMART

    , et al.,

    Defendant(s)

    __________________________________/

    DEFENDANT SMART’S MOTION FOR ENLARGEMENT OF TIME

    The Defendant, Smart, moves for an Extension of Time to Respond to Plaintiff’s Complaint and as grounds therefore state:

    1. The Plaintiff alleges they do not possess the requisite documentation or

    promissory note, to maintain the instant action.

    2.. The Defendant disputes the amounts allege to be due and owning to the Plaintiff..

    3. Defendant, Smart, requests an extension of time to evaluate this claim, retain legal representation, attempt to work out a Loan Modification

    with the Lender, (according to the Lender this may take up to 120 days) , in order to stay in our home, and file an appropriate response, or counterclaim.

    4. Defendant has filed certain Demands for disclosures and written verifications

    pursuant to Federal Law needed in order to properly respond to the Complaint.

    WHEREFORE, Defendants respectfully request this honorable Court to enter an Order granting this motion.

    CERTIFICATE OF SERVICE

    I HEREBY certify the a true and correct copy of the foregoing has been furnished U.S. Mail to (Plaintiff lawyer) this ______, December ,2009.

    Respectfully submitted,

    _____________________________

    Defendant’s Name, Address

  232. Ann, on January 22, 2010 at 4:09 pm said:

    My Florida Foreclosure Defense Lawyer is Mr. Dillon Graham Esq. Tel 305-445-9185. Mr. Graham office is in Miami but he also takes case in West Palm Beach. He is the “Lawyer who gets it” and his fee is affordable. He is defending my home and he is doing excellent job. I did a lot of research, read many manuals including Niel Garfield’s, April Charney’s. I was ready to defend my house pro se then I found him. He is a very experienced litigator at Circuit Court, Appeal Court and Federal Court. He attended many foreclosure defense seminars and he is familiar with Foreclosure Defense strategies. He will give you 1 hour free consultation. .

  233. Deontos, on January 18, 2010 at 11:54 am said:

    Matt,

    Google George Gingo
    Research here QUICK.
    Go to website: Foreclosure Hamlet

  234. matt, on January 15, 2010 at 1:48 pm said:

    I just received a summons for foreclosure and have 20 days to respond.

    Can anyone help me with a motion for an extension of time?
    I would like the time to find a good attorney.
    Also, if I file for an extension does that potentially waive my ability to file a motion to dismiss?

    Can anyone recomend a good attorney in Palm Beach Florida?

  235. Jim Bethea, on December 13, 2009 at 5:33 pm said:

    jimbethea@yahoo.com
    It seems there are many people on this site who are attempting to defend themselves. If so you need to understand the difference between judicial and non-judicial jurisdicitons. Next would be to try to be on the offensive side instead of the defense. You then must ALWAYS request a trial by jury in any judicial action. It is also to include a Motion for a Fair and Impartial Trial, so you will have better control over errant judges decisions and how they treat you in court. Your Answer should include an affirmative answer subsection, or even better a proper cross complaint. Many people think that Fed violations like the FDCPA / TILA, etc make for grand aruguments, but local judges will refuse to grant anything because they are Fed issues. If you seem to have proper issues concerning holder of the note; defective service; violations of contract laws; ficticious consideration and etc., then the opposition may try to file motions that you have created and filed a frivilous claim, which could allow a ruthless judge to sanction you. Again there are many various issues and structures that we use but be careful. All court documents/ motions/ objections must be done in the proper format for each state, including a formal Coversheet / Proof of Services and all signatures signed and dated. Good Luck and Happy Holidays

  236. Dave, on December 7, 2009 at 12:30 pm said:

    Hi Folks, thanks for the comments on the QWR. the comments I’m about to make will be more editorial rather than technical in nature. I know I need to remain vigilant in making sure my “opponents” don’t file anything without my knowledge.

    Since it’s been quite a few months of silence since filing my answers to NODs and efforts to foreclose and still have possession of my homes…should I really push the issue?

    Maybe I’m just whistling past the graveyard but it seems to me that more and more rulings are popping up in favor of “defendants”. My hope is THAT is what is giving pause to the silence in my situation. The scam is slowly unraveling and “they” realize they will be facing increasing amounts of exposure to litigation. Each and every time someone fights back and “wins” is another feather in all of our caps.

    Having wasted many months with HAMP baloney I admit I am way behind on the technical aspects and nuances and spend a great deal of time studying the comments posted here. For that I am very grateful to those contributors who possess and share such valuable information.

    Has further action been “stalled” because my “opponents” know they’ve strayed from the law, not only in my case but the majority? I have no way of knowing.

    It would be unreasonable to think my “opponents” will just forget about me and will eventually take further action and I want to be prepared to respond when that happens.

    A week or so ago I floated the notion of organizing locally and will do so again now. I’m in Indian River County (FL).

    By working in concert with fellow foreclosure fighters in the county we could form teams. Just one of the tings we could accomplish is making sure we’ve got people making observations at what really happens at these court hearings. By doing that we could find out what Attorneys or Pro Se people are doing and the judges response. When an attorney performs effectively…we simply copy the files from the public records and collaborate on how the contents may apply elsewhere. Since this blog receives so much exposure perhaps Neil could implement a mechanism for people to unite locally??? There are many things we could achieve by working together on a local level. My battles are in RI and FL. For anyone who wishes to organize locally feel free to contact me.

    As always….Best wishes to all!

    c h u n g a85 @hotmail.com (remove spaces) 😉

  237. Dan Edstrom, on December 6, 2009 at 10:49 am said:

    In my QWR I received a few things which are important (to me anyway). They are:

    – We did not originate the loan and cannot comment on anything that happened in the origination of your loan

    – We investigated your claims of fraud and found they were unsubstantiated

    – Anything we did not respond to is considered proprietary

    In addition to all of the above, the most important piece they provided was a copy of the note along with the allonges showing the assignments (undated and without recourse) into the securitization.

    Thanks,
    Dan Edstrom
    dmedstrom@hotmail.com

  238. Mortgage Auditor, on December 6, 2009 at 10:19 am said:

    Dave,

    A QWR’s scope is limited to information with regards to the servicing of the loan. Many courts have ruled in favor of servicers who did not provide the requested information and documents, because they did not relate to servicing issues.

    Having said this, I often succeed in obtaining far more information than RESPA mandates, so there is no harm in trying.

  239. Dave, on December 1, 2009 at 3:02 pm said:

    As always, thanks Brad, Neil, and all the contributors to Livinglies.

    Been reading the blog all day and couldn’t decide where to ask.

    I have a question (actually more like a thousand questions!) but before I ask I want to say I just purchased Neil’s Homeowner’s Work Book and must say it is worth every penny. If I behave maybe Santa will buy me the Lawyers Hand Book.

    I sent my Right of Rescission Letter and indexed in the appropriate Court here in FL after receiving a foreclosure summons in July 2009. Haven’t heard much of anything since then. Now I am struggling to decide if I should send a QWR. While rummaging for an answer I came upon this rather jaundiced view of QWRs on ABABanking Journal.

    http://www.ababj.com/briefing/scare-mail-beware-of-qwr-s.html

    Would anyone care to comment on whether or not a QWR would be a wise move at this time? I’m learning as fast as I can and hope to some day add something to the blog besides questions.

    Sincerely, Dave

    chunga85@ h o t m a i l .com

  240. JRN, on November 26, 2009 at 11:49 am said:

    ATTENTION: I have scoured the internet for resources to aid me in my ongoing lawsuit against JP Morgan Chase. I have read thousands of posts and pleadings, most of which are useless. I have a legitimate fraud cause of action against my lender, and the supporting documents to prove it (which my lender accidently sent me by mistake). I have been fighting off the trustee sale of my California residence since August 2008 and keep running into inexperienced attorney’s that claim to know what they are doing and claim to have expertise with these types of cases. I have shelled out over $20k in attorneys fees to a couple of different attorneys, but I have lost confidence in each of them, and question their boiler plate pleadings. Is there a REAL mortgage fraud litigation attorney out there that knows what they are doing? One that has successfully gotten an injunction issued? One that is currently active in litigation against several lenders? One that is AV Rated by Martindale? If you fit the profile and are reading this, HELP! My property is located in Orange County, CA. I need someone that is competent to continue representing me. Alternatively, anyone else out there in an Option Arm from Washington Mutual? I would also like to organize a class action. This is not a frivilous TILA or HOEPA claim. Please e-mail me at: fightingback31@gmail.com.

  241. mike, on November 4, 2009 at 8:43 am said:

    this is a letter i started in 2001 and i keep updating it

    PAGE 1.well 8 years ago I was self employed my company generated about 1 mill a year I had a credit score of 720 and $130.00.00 in equity in my home …well since the beginning of our loan its been messed up like the wrong info on my wife ss# occupation & income also my name was not put on the loan when we jointly applied .the contract came to our home 3 days later and was completely wrong we went back to despute it we were told it went past the 3 day retraction law we were also told that we will be able to get our payments lowered and fix everything after 6 months all lies. well when the time came we wanted to lower our payments and do a refy I wanted to lower my payments and pull 16.000 out of my equity for my  companies insurance .that’s when things got real bad we found out about the pre penalty fees they stopped talking w/me and wouldn’t take my payments well
    I was then looking for another mortgage co to take over my loan and got approved for 1 @6% with $40.000.00 cash out $900.00 less a month with (qmar mortgage ) by this time I needed it. thats when me and the other mortgage co asked for a payoff we had 6 weeks to get it and complete the signing with the new mortgage co needless to say we never got it (the payoff amount letter) witch cost me that loan and some of my credit and my company no ins no work. the whole time I was getting phone calls like what do we have to do to keep you as a satisfied customer and were working with you to straighten this out etc.i then went  back to ameriquist in braintree ma were we  signed and talked with gineene bland again who was very helpful she got me in touch w/the office of the president @amc and once again got me approved for a loan all they had to do @ this point is the paper work through the office of the president now my credit was around 600 the guy justin told gineen in a 3 way  conversation that he  was going to  call me right back is that ok we both said yes .well he called me back 4 hours later 10 minutes before closing and said qoite I didn’t want to say nothing w/that b*tch on the phone but  this company is ripping off everyone that he and a friend that owns a mortgage company they are taking all of ameriquist customers  and getting them great loans the people are so happy and that his friend will call me in the morning his friend Greg did call telling me that they have been stealing customers for a while with great results .I then called gineen back and told her what had transpired then I got a phone call from mike Justin’s boss claiming that if I tell him what had transpired he would personally see my loan through so I told him every thing    from the beginning and once I told him what company was stealing the work and who was responsible (Justin)I said that I just wanted to straighten my loan out not get people in trouble that’s when I realized I was on speaker phone and that mike had several employees there listening including Justin who said thanks for throwing me under the bus scumbag I started yelling back saying if you people would just do your job I would have my loan with another co. they all started saying stuff &laughing @me that ill never get a loan there going to take my house etc. when I talked with the a.g’s office they were eager to help us  because Romney was running against Patrick for gov Patrick who I  tried to contact only to be told that he cant help me in any way by his assistant so I said what does he do for us citizens anyway and his assistant couldn’t tell me anything the governor does to help people ..Anyway he was on the board of ameriquist (owner) I also called roland arnol (the owner of ameriquest)direct and told him 3 days before he had to answer to congress about his company saying that he had no idea they were doing the stuff they were (I told him) and he said to go f*&%my mother and hung up. now they don’t really want to talk w/me since that time and president bush after the lawsuit made him the ambassador to the Netherlands I was in contact w/a-generals and amc ameriquist who was very interested in helping me before.. I fall into the 325milion lawsuit and that’s great in 5  years but whats going to happen to my family in the meantime I have been in contact with ameriquist this whole time they say there going to make things right and over look credit  score and give me a loan but not my equity I got a letter from a lawyers office saying foreclosure so I called amc they always say don’t    worry about foreclosure  & there not doing that then I seen it in the paper still don’t worry its procedure they say then this morning im taking my mother in-law to the hospital and some guy is in the driveway asking if my house is vacant yet I asked him who he was and he gave me a # with a fake name said that ameriquist sent him out to see if my house  was on the market @ one time I did list my house and was getting offers   Oscar burger @(amc)made me take it off promising me the loan so I can keep it /another time to get me away from the attorney generals office Oscar burger sent me a discloser agreement   knocking $93.000.00 off my loan once I got away from the a-g they forgot all about it said it was a second loan for the equity .now they have fired everyone that was supposedly helping me 1 Oscar burger 2 Clyde botzner 3 Rebecca conti they have said in the past that I don’t work with them they cant reach me ect all lies I leave messages for them all the time…they never reported any of this to our credit agency(payments) in 2 years till just recently 03-12-08 we need help and everyone should know whats happened to us the girl(Sonja sedano) that’s supposedly helping me @acc just told me not to worry about the foreclose again but couldn’t tell me a pay off or what I need to straighten out the loan…..now I pay close to 4000 a month have no equity & no credit & I did lose my company god bless America .now in march of 07 they called me(acc) and said they want to knock off $100.00.00 on my $376.000.00 mortgage if I work with wells fargo to buy them out I said ok when wells fargo wouldn’t call me  or Lisa cavin @ (acc holdings) back she asked me to find my own guy to bye them out I contacted Jeff blais from (the mortgage group)Jeff got me a mortgage @ $240.000.00 June 2008 and PAGE 2. asked fci &acc if they will accept that as a payoff they . said no so I called Joe sedano back telling him the loan I went for was approved @ 240 but acc wont take it he said that he didn’t understand why acc didn’t have me deal with Dan sweeny the guy that’s been getting all of acc’s loans that he wanted to call me back he did stateing that he has great news Dan sweeny will get the loan done and even better news he got acc to take a payoff of $180.000.00 on my home and sent me a copy of that pay off letter July 16 2008 and I said ok Dan sweeny called me and we got started after a while month or so he thought he had it done through a hard $ lender (eastern bank) eastern bank sent there own appraiser (George Brenner) to look @ the house and my living situation Dan sweeny told eastern Beth Yeager that I moved away from my wife & kids and that I rent to them as an investment property. so eastern denied the loan when they found out I live with my wife & kids I tried to get Beth to do it with me direct and Beth said that she can see I can defiantly afford it BUT with the new laws its impossible to write home owner occupied loans in my state and that ameriquist never reported payments history on my loan so she cant do it. I then went back to Jeff blais with the new payoff $180.000.00  he was mad that they didn’t take the $240.000.00 payoff he had done 2 weeks earlier  that he will try and get it done @ 180k and he did try and couldn’t that acc let it go to long and finally reported late payments as of march of 08 this whole time I tried to get Joe sedano fci & acc to get my re payment plan done  so I didn’t fall behind they kept telling me that I would be throwing $ out the window because im refinancing .now Im getting threatening letters about foreclose (from joe sedeno fci) if I don’t come up with $65.000.00 within 90 days. and they don’t call me back .I think they cooked this new scam up to get me to be late again because I was paying 3000 a month on time and they make $ off the tarp ..im currently waiting to hear from citi bank it’s been a week now and there not calling me back. they are one of the banks that got some of the bail out  $ from obama and it turns out there the ones that hold my mortgage this whole time? They say that acc are my investors?……….ALL I WANT IS THEM TO HONOR THE $180.000.00 PAYOFF AND SET PAYMENTS TO THAT EFFECT…..  I don’t understand how they can get away with all this crap over the years if I rip someone off on a car it goes to court and they get 3 fold when they prove there case . but on a home you can prove the mortgage vultures wrong and nobody does nothing makes no sense I caught them ripping me off over the years and proved it and I can still now .but yet they get away with it .im a guy that caught them lying on the original app and can afford my payment .. They just never straightened it out and don’t have to answer to no one.3/2/09 CALLED CITY  GAVE THEM THE ACCT # FROM FCI AND THEY HAD NO RECORD GAVE THEM MY SS# MY LOAN CAME UP AS FORCLOSED ALL READY STEVE EMPLOYEE #SS25554 ASKED ME TO HOLD ON SOMETHING IS WRONG CAME BACK ON SAID THAT CITI TOOK OVER MY LOAN 2/14/09 LOAN #’S 0152392700 & 0152374864 AND THAT FCC WAS INSTRUCTED TO SEND CITI MY PAPER WORK BUT DIDN’T YET THAT  ACC  IS MY INVESTER AND THEY HIRED FCI THE SERVICING COMPANY I CALLED THEM AND SPOKE WITH ANDY THERE HE SAID THAT HE WILL NOTE THE ACCT BUT WOULDN’T TELL ME IF ITHEY WILL RELEASE MY INFO TO CITI ON THE PHONE WITH CITI AGAIN THERE SAYING THAT THEY PUT IN FOR MY PAPERWORK  TO BE SENT TO THEM AGAIN AND HAVENT GOT A REPLY FROM ACC OR FCI THAT FCI IS PROBLY HOLDING ON TO IT BECAUSE THEY WILL MAKE $$ IF IT GETS FORCLOSED BUT WONT MAKE $$ IF THEY  SEND IT TO CITI WHO OWNS ITCITI IS TELLING ME THAT IT TAKES UP TO 3 WEEKS FOR THEM TO GET MY PAPER WORK AND A SUPERVISOR IS TRYING TO GET ITI SAID WELL WHAT HAPPENS IF THEY DON’T SEND IT & CAN THEY CALL JOE SEDANO AND TELL HIM TO BACK OFF THAT CITI OWNS THE LOAN NOW AND WILL BE WORKING WITH ME AS SOON AS THEY GET MY PAPER WORK ,CITI SAID THAT I JUST HAVE TO WAIT & THAT THEY CANT REWRITE MY LOAN UNTILL THEY GET THE HISTORY  FROM FCI IT IS MY FEAR THAT FCI & ACC DONT HAVE IT  well citi is going to contact joe sedano today and demand the paper work and tell fci that they have our loan now and to back off and stop forcloser  or contacting me /sending me letters & citi will call me back within 3 days 3/110/09 devi from acc just called me and says that she cant give me any info on any of my accounts that I have to deal with the servicing co joe sedenothat he has had the power to accept or decline any and all offers to do with my loan since feb 08 (why didn’t he just take the 240.000.00)… now 03/15/2009  the guy from fci don’t call me  just emails me with ridiculous demands and wont talk about the repay plan he promised to get done several times while I was waiting to here from dan sweeny(who I just found out was not even licensed in my state to write loans) also citi got a call from devi @ acc she has been with ameriquest since the beginning and she has always’s been ignorant to me & my wife she called citi who was supposed to get my loan and now they say theres no loans in my name now and that they don’t have any further info for me theres no record of it even thow they had my info and told me that they were waiting for my paper work from the old citi & acc a day ago and they (citi ) sent us a welcome to citi letter ? they wiped us out of there system …still no paper work from my original loans  and I called all of them and asked for any and all history records or paper work in writing back in January 09

    Now in 10-20-2009

    Several months ago my lawyer sent them a request for proof of the debt and loan docs from the original loan and the second loan they replyed sending a letter on the 07 loan with currant stamps and signatures as if they just did it (dates don’t make sence) so my lawyer sent them another letter demanding the docs stating the obvious mistakes on the ones they sent he also sent another letter @ the same time giving them 10 days to reply or release the debt which they never replied to 3 months later I get served court papers from the land court ameriquest funding ii reo subsidiary llc claiming to be the lean holder of the mortgage dateed aug 23 07 has filed with said court complaint for authority to forclose said mortgage by entry and possession .my lawyer suggest fileing a injunction or bankruptcy I have contacted every where that supposed to help protect us and its as if no one wants to get involved

    I gave all this stuff to my attrny and he is having a hard time getting anywhere on it they sent me certified letters stating

    I gave all this stuff to my attrny and he is having a hard time getting anywhere on it they sent me certified letters stating  that there moving to foreclose

    Today me and lisa from barney franks office contacted d.o.b’s (div of banks) they told us that this makes no sence because citi group purchased ameriquest September 2007 as far as he knows they should be the ones I have to deal with

  242. gary, on November 2, 2009 at 1:54 am said:

    ucc statements for the interested

    i am using the new ca law to recind claiming bad faith from
    servicer or malpractice – in having not midigating because they
    lack the authorty to midigate, they are not the holder so they just stall –my objective is to force quit title and we know where that leads

    3-305—An obligor is not obliged to pay the instrument if the person seeking enforcement of the instrument does not have rights of a holder in due course and the obligor proves that the instrument is a lost or stolen instrument.

    § 3-306. claim to rescind a negotiation and to recover the instrument

    3-305. DEFENSES AND CLAIMS IN RECOUPMENT.
    (a) Except as stated in subsection (b), the right to enforce the obligation of a party to pay an instrument is subject to the following:
    (1) a defense of the obligor based on (i) infancy of the obligor to the extent it is a defense to a simple contract, (ii) duress, lack of legal capacity, or illegality of the transaction which, under other law, nullifies the obligation of the obligor, (iii) fraud that induced the obligor to sign the instrument with neither knowledge nor reasonable opportunity to learn of its character or its essential terms, or (iv) discharge of the obligor in insolvency proceedings;
    (2) a defense of the obligor stated in another section of this Article or a defense of the obligor that would be available if the person entitled to enforce the instrument were enforcing a right to payment under a simple contract; and
    (3) a claim in recoupment of the obligor against the original payee of the instrument if the claim arose from the transaction that gave rise to the instrument; but the claim of the obligor may be asserted against a transferee of the instrument only to reduce the amount owing on the instrument at the time the action is brought.
    (b) The right of a holder in due course to enforce the obligation of a party to pay the instrument is subject to defenses of the obligor stated in subsection (a)(1), but is not subject to defenses of the obligor stated in subsection (a)(2) or claims in recoupment stated in subsection (a)(3) against a person other than the holder.
    (c) Except as stated in subsection (d), in an action to enforce the obligation of a party to pay the instrument, the obligor may not assert against the person entitled to enforce the instrument a defense, claim in recoupment, or claim to the instrument (Section 3-306) of another person, but the other person’s claim to the instrument may be asserted by the obligor if the other person is joined in the action and personally asserts the claim against the person entitled to enforce the instrument. An obligor is not obliged to pay the instrument if the person seeking enforcement of the instrument does not have rights of a holder in due course and the obligor proves that the instrument is a lost or stolen instrument.
    (d) In an action to enforce the obligation of an accommodation party to pay an instrument, the accommodation party may assert against the person entitled to enforce the instrument any defense or claim in recoupment under subsection (a) that the accommodated party could assert against the person entitled to enforce the instrument, except the defenses of discharge in insolvency proceedings, infancy, and lack of legal capacity.

    § 3-306. CLAIMS TO AN INSTRUMENT.
    A person taking an instrument, other than a person having rights of a holder in due course, is subject to a claim of a property or possessory right in the instrument or its proceeds, including a claim to rescind a negotiation and to recover the instrument or its proceeds. A person having rights of a holder in due course takes free of the claim to the instrument.

  243. Sharon Woodard, on October 31, 2009 at 10:50 pm said:

    Wanting to know if the list of “FDG Attorney Network Expands to Over 150 Lawyers in 32 States” is current as I know Attorney’s are added and removed. and if there is a more current list please send it to me at: sharon4459@gmail.com Thank you

  244. DyingTruth, on October 22, 2009 at 8:41 pm said:

    Cormac J Carney District Judge California Central District

  245. angry&not taking it, on October 22, 2009 at 7:45 pm said:

    iF the ca judges are denying you “due process” PLEASE POST their names here,
    We will all then know who they are. and can start to post it in online in other places .. i’m sure when you can goggle a judges name & get back …
    ” the Dis-honorable Judge Loin-Pull of San Diego Ca ” partners with banks stealing Families homes for phun & profit! the JUDGES will be thrilled!
    Oh yea try find the golf country club they are members at..
    fuk these guys.. i sick of this shit!

  246. Dan Edstrom, on October 18, 2009 at 5:35 pm said:

    BP,
    Have you rescinded and are you able to rescind? This seems like a very powerful argument (if it applies to your case).

    Again, I am not an attorney – hopefully your attorney knows what you need to do. Make sure though because from what I have heard rescission means different things to different attorneys.

    There is good information on this site about TILA and Rescission – you can check out this article if you haven’t learned about this already:

    http://www.scribd.com/doc/15522201/Tila-Disclosure-Req-Viol-Remedies

    If the judge is rubber stamping it probably won’t matter but it may make a big difference to the appeals court. (assuming you made the argument already).

    Thanks,
    Dan Edstrom
    dmedstrom@hotmail.com

  247. Dan Edstrom, on October 18, 2009 at 5:29 pm said:

    BP,
    My case hasn’t been filed yet. However, it seems to me that these “first round” judges are swamped and it will be very difficult to get anywhere (this probably also depends on the judge you are going in front of). If it is not too late you should appeal. Is your case over or is it proceeding (with the house sold)? You probably filed a lis pendens? You may be able to appeal the TRO (I am not an attorney so that is just a guess). Remember – even near me I have heard that one county is pretty much denying TRO’s but my county is granting them (or at least some). Again I am not an attorney but these are my observations. I don’t know if it helps but I plan to state that I have not, can not and will not give up my rights to due process before having my property taken away. The Power of Sale is unconstitutional (that probably won’t fly but at the very least I should be afforded a hearing on the merits of my case without having to pay a fee).

    Thanks,
    Dan Edstrom
    dmedstrom@hotmail.com

  248. Deontos, on October 18, 2009 at 3:30 pm said:

    BP,

    If it doesn’t interfere with your on going litigation
    can you publish the TRO case number better yet the file
    so we can learn more about what the SD COURTS
    are doing?

    Thank you.

  249. BP, on October 18, 2009 at 2:18 pm said:

    Neil

    Have you found any sucessful quiet title actions in California? I lost a TRO with a prominent Foreclosure Atty and lost the home. Was looking for sucessful cases that have worked in CA.

    In San Diego the courts are assigning these cases to a “Special Judge” who will not hear the merits of these cases and will deny TRO’s immediately so I need to try something new so I was thinking a Quiet Title.

    Please post these cases on yoyur website if they are available or let us know how to find them. Thanks.

  250. DyingTruth, on October 15, 2009 at 10:58 pm said:

    NICK my case is very similar in many ways to yours. i’m not an attorney but i will give you my personal advice. first & most importantly your attorney FIRE HER trust me at this point she can and probably will do a lot more harm than good trust me i know from experience, my attorney filed a non-opp to a motion to dismiss without my autorization or consent, and as far as what to do for her replacement you know what they say if you want something done right you have to do it yourself. secondly DO NOT enter into negotiations for 1)forbearance 2)modification 3)settlement. all three will always most likely begin with or contain stipulations requiring you to release all claims known and unknown against the parties that you seek relief from. and third be prepared that’s my motto, study up on all relevant statutes and case law that support your claims, it’s always good to have the law that helps you handy.

    I Wish us both Luck in our Quest for Justice
    Philip

  251. NICK, on October 15, 2009 at 9:23 pm said:

    I would like some advise on what I should do. I filed a complaint against my lender and broker Pro-Per back in October 2007. The basis of my complaint is that my loan documents were forged and was the victim of predatory lending. I filed Pro-Per because I was unable to afford a lawyer. I have been able to survive two different Demurs and Motions to Strike and Motion for Judgement on the Pleadings and have a trial date in March 2010. Over the past two years I was always careful to follow the court’s procedures and comply with all deadlines. In May 2009, I hired a lawyer that read my story that I posted on this website. When I met with her, she was confident that she could help me and was very convincing. I felt she had the same passion that I did to fight against predatory lenders and win my case. I informed her up-front that I did not have much money. I paid her a retainer and she said I could work on her home and also file court papers as she needed me. At the time that I hired her, I was about to attend a deposition by defendant. She attended the depo with me, but she stated that she was unaware of the details of my case, so she was not objecting to anything, so I left the deposition feeling that it did not go well. When I first met with her, I informed her that I needed her to send out discovery and set up depos, She stated that she wanted to Amend the Complaint to add additional defendants and Causes of Actions. None of this has been done as of today. Seven days after I paid her the money, she was threatening to withdraw from my case because she said that I was not complying with her requests for my documents, which was not true. I gave her all the documents that I had. She also said that she was unable to get in touch with me, which was also not true because I had been to her house numerous times to do work. Defendants served a Request for Production of 22 different documents, and the day before they were due, she called and informed us that she was not able to prepare the documents and that we needed to do retrieve the files from her home, which is at least 25 minutes from where we live, put the documents in order and make copies and bring them back to her. She was very verbally abusive toward us and after a confrontation occurred between my girlfriend and her she informed me that I was not to discuss my case with her or she would resign. This made it very hard for me because my girlfriend has helped me from the beginning. She never should have had us doing her job to begin with. We are not attorneys’ and that is why I hired her. She became very negative and said that I was going to lose my case and the judge was going to dismiss it.
    After her first CMC (which she filed the statement late), the judge required a status letter to be filed by a certain date with she did not do. Over the next several months, I was at her home at least every other weekend and during the week, filing documents, all over the bay area, never missing any of her deadlines for her other clients, always available when she needed me. I had requested more than once that we discuss the details of my case and our strategy’s and she refused stating that there was no time for that and she was not going to waste time listening to me. As the next court date approached, she did not file a timely CMC statement or a status letter. I sent her a lenghly e-mail with my concerns that she was not properly representing me and did not treat me with respect. After several attempts to contact her, she finally telephoned me and informed me that she wanted to withdraw from my case, and that I needed to sign a Substitution of Attorney and that the judge would most likely be dismissing my case and trying to intimidate me by saying that I was going to lose my home. I refused to sign anything and told her that I would see her in court. This was the third time she had threatened to withdraw and it had only been three months since I hired her. By the day we appeared in court, she had not filed a substitution of attorney or had she filed the CMC statement. She arrived late to court and immediately informed the judge that she would be resigning. The judge wanted us to try to work it out. As soon as I requested to speak, my attorney said that she would be willing to step outside and talk to me. We worked out our differences and informed the court that she no longer was resigning and the judge assigned my case to mediation. Again my attorney stated that she wanted to amend the complaint to add additional defendants. The judge said that she should do this immediately. The judge ordered that we choose a mediator and inform the court within 30 days and set a Compliance hearing. My attorney again did not comply with this request even though I worked for her again and sent her a reminder email to notify the court. She not only didn’t send a status letter, she also failed to appear at the compliance hearing and now is subject to sanctions. The judge has ordered both attorneys to appear to show cause why she should not sanction them further or dismissal of the actions/striking of the pleadings pursuant to CCP 177.5 and 575.2.
    This is where I stand now. I sent her an e-mail asking her why she had not complied with the court and that I was very concerned because she had not done anything she said she was going to do. I also asked her what the judge meant by that. She said that she had chosen a mediator and did not know why the court did not receive any documents from the mediator. It is not the mediator’s responsibility to notify the court. It was hers. She then informed me verbally of the mediation date. The OSC hearing is set for 11/05/09 and she is to file a declaration by 10/29/09. She has not filed anything in my case since June 8, 2009 which was one week after she was retained. She has not provided me with the legal representation that I am entitled to, nor has she conducted any discovery or responded to any of my requests. I don’t know what my legal rights are. What happens to my case, if she continues to be noncompliant. Would the judge actually dismiss, and if so, what is my recourse?
    I have worked so hard fighting lenders, brokers, and their attorneys. I have gone to the Department of Real Estate, Department of Corporations, District Attorney’s office, Department of Justice, and even appeared on Channel 7 on your side with my story. I have stopped the illegal sale of my home five times, with the last time on the court steps at 12:05 p.m. on the day of the sale. I have never given up and am still in my home and intend to remain here for a long time.
    I believe in what I am fighting for and intend to try to help innocent homeowners who are victims of Predatory Lending Practices and against crooked lawyers who are misleading and taking their monies.
    This is why I am asking you for your advise as to what I should do. I am posting this on your site because this is where she found me and I don’t want this to happen to anyone else.
    I want you especially to become aware that this is happening on your website. I was told that I should not make a complaint with the State Bar while she was still representing me. I do not have money to hire a different lawyer, but can I proceed with a lawyer that I do not trust.

    Neil, thank you for taking the time to read my story. I anxiously await your reply and the comments and advise of your readers.

  252. Chizzy, on October 7, 2009 at 10:27 am said:

    Hello All,
    I am looking for recommendation on legal assistance or someone who “gets it” for a possible foreclosure in Georgia. If you are a someone who understands all of this or knows someone who “gets it” please drop me a line as soon as possible at whyx@gmx.com

    Thank you for all who post on this blog. This has been a big eye opener and I want to fight for my home!

  253. J. Stewart, on October 5, 2009 at 1:05 pm said:

    Does anyone out there have a good example for a motion to compel for the QWR and DVL? Please contact me at stewartj110@hotmail.com.

    Thank You

  254. carol shavers, on October 2, 2009 at 2:12 pm said:

    Hello,

    I have a lawsuit filed against People’s Home Loan,
    MERS, and Litton and Law firm for defendants. Please check web Shavers vs Litton
    we have been moved from District Court to the Federal Court because Lawyer for defendants request a motion to dismiss. I have a few questions. Can you call me at 281.251.6972. This law suit is filed in Houston Texas
    Thanks……..Carol Shavers

  255. Michael, on August 29, 2009 at 7:59 am said:

    To Whom It May Concern:

    I have a question concerning the legality of the Note and Mortgage. Lender, who stated in the Note and Mortgage claim that they are the Lender, a corporation, organized and existing under the laws of the State of California. However, preliminary investigation revealed that the Lender does not exist (confirmed in writing by the California Secretary of State).

    Assuming the Lender does not exist, how it is legal when its assigns to MERS (as nominee for Lender and Lender’s successors and assigns) when the Lender does not exist?

    If the Lender does not exist, what the legal status of the Note or Mortgage? It is voidable?

    The property in question is located in Florida.

    Thank you in advance for your assistance

    Michael

  256. mike linton, on August 26, 2009 at 2:05 pm said:

    I read somewhere he practiced in DC at sometime

  257. Alina, on August 26, 2009 at 2:04 pm said:

    My research indicates that Mr. Kessler is not an attorney. I looked him up in the Florida Bar and there is a Richard M. Kessler listed but not Richard F. Kessler.

  258. Truth, on August 26, 2009 at 11:14 am said:

    Mr. Kessler and DCH may be well meaning but I get the impression that he thinks he has raided the Lone Ranger’s ammunition stock. I suspect it may be useful in a particular state, whichever one he practices in or the motion contemplates being filed in but it seems to me the variations in facts from each case and parochial nature of the practice of law from state to state would necessitate alot of editing. That said a practicing lawyer that could adapt it might find it useful but I can also see where unsuspecting homeowner in non-judicial states would buy this thing and then try to file it a UD hearing or something….Hi O Silver Away….

  259. Alina, on August 26, 2009 at 9:13 am said:

    DCH states, “…DCH simply is providing a legal form for sale. DCH cannot and does not practice law or provide legal advice.” As a paralegal, if I were to provide someone with a form regarding any type of case and advised that person to use that particular form, it would be considered the unauthorized practice of law (UPL). Depending on the state, it could be a criminal offense.

    I have checked out DCH’s website and run a search on Richard F. Kessler. Mr. Kessler appears to have done a study of foreclosures in one of the counties in Florida. His study was the basis of a newspaper article in the Sarasota Times. so it appears that Mr. Kessler is somewhat knowledgeable.

    However, I remain wary of Mr. Kessler’s motives and claims.

  260. mike linton, on August 26, 2009 at 7:29 am said:

    so maybe if we all pull our noodles together, we can find this magic motion filed in a court somewhere and have it critiqued here

  261. Foreclosure Fraud, on August 25, 2009 at 6:52 am said:

    I inquired about the omnibus motion to DCH and this was their response:

    As you may know, the Omnibus Motion is specifically offered to attorneys. However, a person who has elected to proceed pro se can still operate the purchase button on the web page and purchase a copy. Our disclaimer says that a person in foreclosure should consult an attorney and be represented by an attorney. DCH simply is providing a legal form for sale. DCH cannot and does not practice law or provide legal advice. We know that the Constitution protects the right of each American to defend themselves in court if the person insists upon so doing.

    DCH realizes that there are persons who cannot afford to purchase the Omnibus Motion. Accordingly, DCH has made it a policy to contribute the Omnibus Motion to any organization which represents defendants in foreclosure without compensation. If you are affiliated with such a group, please ask them to get in touch with DCH or me.

    We have so far contributed the motion to one large non-profit in Southwest Florida as well as two out-of-state. The Florida organization as asked us to not disclose their name.

    If what you are doing is conducting an investigation without doing us the courtesy of disclosure, do so on your own time. Stop wasting mine. If you have some group DCH can help, please let me know.

    Richard F. Kessler

  262. bt, on August 24, 2009 at 4:05 pm said:

    yes, i have heard and read about it, but it costs $599 for an individual for the PDf doc. I guess some firm did 9 months of work to make this generic docuemnt yo ucan file, who konws if it is real or has success to back it up yet. NEIL shoudl do a story on this.

  263. Alina, on August 24, 2009 at 11:19 am said:

    Mike,

    I have heard of that “Omnibus Motion” and I have serious doubts as to its credibility.

  264. pdx, on August 24, 2009 at 10:21 am said:

    I wonder if its more snake oil…

  265. mike linton, on August 24, 2009 at 7:23 am said:

    Has anybody heard of this “Omnibus Motion to Cancel the Mortgage” that is going around the internet?

  266. pdx, on August 24, 2009 at 12:37 am said:

    My house is scheduled for auction in mid november (2009) I have already sent an objection of sale and dispute of debt. I am preparing the QWR this week and will send it certified.. But how do i stop the auction? What do I need to file? I live in Oregon and its a non-judicial state. Let’s pretend I get an audit done and there are violations… and they securitized the note and can’t prove they own the note… how does this help me if the dang house is going to be auctioned? I have a beautiful wife, darling daughter, and teenage (troll) son that will be scurried out of here in the middle of winter.

    Let’s pretend they dont have the note AND there are respa violations… so what? If I can’t stop the auction what good does it do me? What do i need to do to slow things down? Is bankruptcy the only way?

    thanks!

    portland

  267. doug schwartz, on August 19, 2009 at 1:21 am said:

    i have forms and pleadings that can be done pro se, i am not an attorney, but these have worked on mine and other friends i have helped, flcommercial@bellsouth.net

  268. Beth D., on August 17, 2009 at 12:09 pm said:

    Do you know how to determine if a note is securitized- where do you look and what questions do you ask.

    I understand MERs has a large percentage of the notes is that true? and I understand they know what notes are securitized. How do we get to them and how do we get them to release this information

  269. Lily M, on August 15, 2009 at 11:54 am said:

    I need an attorney in NC who “gets it”. Our home has been sold and they are trying to evict us. Even though we were never served never knew about the hearing or the sale.

  270. Steven Robinson, on July 30, 2009 at 5:01 pm said:

    We are residents of Missouri where non-judicial foreclosure is a
    standard > of business,.. which sucks.
    > So far I have not found an attorney in Missouri with the gonads to
    take on > my case.
    > Most of them recommend bankruptcy and then throw up their hands when
    I > suggest we work toward a modification on favorable terms.
    >
    > I am a stroke victim,.. 30 months ago,.. and I’ve found nothing but >
    contempt, cold behavior and outright rage against me as I’ve tried to
    keep > a roof over my family’s head from BOTH the lenders and the
    “counselors” > who routinely suggest bankruptcy.
    >
    > We took a loan out with Fremont Loan in July 2005, in July 2007 the >
    payment jumped nearly 100 percent.
    > We could not pay!
    >
    > We are presently in negotiations with Litton Loan Servicing under the
    HAMP > guidelines after banging our shoe loudly on the desk with
    evidence of TILA > and RESPA violations and further proof that Fremont
    Loan, (our originator) > closed the loan with a false Missouri Loan
    Broker number.
    > We sent our complaint to C of C, Federal Reserve, MERS, and of
    course, > each of the lenders and banks who claimed to have an interest
    in the loan > including Fremont, HSBC, Wells Fargo, Titan Solutions,
    and of course, > Litton.
    > DOJ and C of C tell me I may actually have them in a corner as to the
    > RESPA and TILA, (possibly other regs. as well) and may not owe them
    a
    > dollar. Further the argument seems to be going in the direction that
    they > now want to modify my note but are uncomfortable discussing the
    regs at > all.
    > Why?
    > What’s wrong with a forensic audit of my loan
    > to assess the legality of my docs?
    >
    > We have managed to avoid foreclosure now for two years using this
    argument > but have yet to figure our how to get them off the
    > “foreclosure or modification” stance.
    > As well, we have not made payments and have argued the payment is not
    due > until they show us the note, the paper trail, and the process
    proving the > closing was “clean” and the docs are correct.
    > Three months ago Litton finally referred us to the Executive
    Resolution > Department,..(where the few people Litton has with
    experience, knowledge, > and a reasonable business etiquet work). They
    stopped all action on > foreclosure, (they’ve tried twice now),
    > and are suggesting we modify the note. Waterfall techniques, 31%
    ratio > of payment to income,.. PRESENT income?
    >
    > I want to know if they did a legal loan ! At the very least if they >
    needed a license to close the loan why did they use someone else’s
    number?
    >
    >
    > Since we’ve worked with our agent at Litton we’ve received reasonably
    > courteous service,..something new considering how we were treated,..
    > we are working thru the terms of the HAMP program but do not know the
    real > details still of our Note and where it is, who has it, and
    NOTHING has > been mentioned as to our RESPA and TILA claims..
    > Still, we have had a few scares,.. about four weeks ago we received
    yet > Another “Notice of Foreclosure” scheduled for July 22 this year
    which was > “missed” as it was up for automatic refiling and had to be
    called off > “manually”.
    > That done, the agent sent us the forms for HAMP and we proceeded to
    effect > dialogue as to our qualifications, filled out his forms. We
    went on and > went on until today when a real estate agent came to our
    door and left a > card notifying us “Call Immediately – This Home has
    been Foreclosed”.
    >
    > Needless to say we are again confused, angered, and feel threatened.
    >
    > I would LOVE to speak with you or April Charney as to the “produce
    the > note” process,.. I’ve asked and asked Fremont, then Wells Fargo,
    then > HSBC, then two or three other “agents” until I’ve gotten to
    Litton Loan > Servicing,.. who tells me the note doesn’t exist,.. that
    the debt is in > the name of a trust and is fractionalized among many
    investors, (I believe > these are “tranche-holders”),.. so now I’m
    informed that the note is not > in existence,.. doesn’t this mean the
    UCC law affecting the “show me the > note” argument should apply?
    >
    > Our state has no judicial process for foreclosure,.. so HOW DO I GET
    THESE > FOLKS TO BE ACCOUNTABLE AND “SHOW EM THE NOTE”???? I’ve offered
    to fly > to Texas but Litton says they don’t have the note there.
    WHERE’S THE > NOTE? !!
    >
    > FURTHER; I am on to the assignment trail presently and have been
    denied > ANY evidence of the proper assignment protocol from originator
    to lender, > to lender, to lender, to lender to investor pool,.. I Have
    been told > finally it IS in a pooled Trust.

    Consequently, it is my understanding there may be objections from any
    of the 30 or so investors who own a tranche interest in my note. How
    do I know everyone is on board?

    > I’ve sent a long complaint to C of C, Treasury, Mo Div of Prof. >
    Registration and the state DOJ – AG, mentioned RESPA, TILA, and the >
    rest,.. this is how I got to the “Executive Resolution Department,..
    but > what now?

    Once I’ve finally gotten it accross that the regulatory issues are a
    valid argument they seem to want to have dialogue,.. but I don’t trust
    them.
    >
    > If a note HAS been foreclosed, without judicial review,.. can I have
    it overturned by a court for failure to show proper protocol in
    assignment of the note? We’ve asked for the note, where it is to go to inspect the epistle itself,. they sent a copy of it but never advised of where we could go see it.
    >
    > How do I get them to prove out the process of note assignment,. the
    paper >trail? Today I ran across a series of assignments, affidavits of trustee change, etc. online at the courthouse.. I am going tomorrow to look at them.
    >
    > Please do not ignore this email,.. we need to get a resolution to
    this matter soon and would like to speak with an attorney who
    understands the underlying issues.

    I would love to hear from someone on this.
    What is the forensic review and what does it cost?
    I’ve got my own ideas what they’ve done wrong but with the letter on my door asking us to take money to leave,.. I am not sure what’s up now.

    steven Robinson
    314 220 2498

  271. michelle, on July 28, 2009 at 1:27 pm said:

    How much is your Forensic Audit? Where can I find your forms to get it started?

  272. Kelvin Davis, on July 28, 2009 at 12:48 pm said:

    I need a lawer n GA.I have a calm against my leading company.

  273. admin@borrowerhotline.com, on July 17, 2009 at 3:51 pm said:

    QWR Letter “Failure to Respond” Sample

    Under Section 6 of RESPA, borrowers who have a problem with the servicing of their loan (including escrow account questions), should contact their loan servicer in writing, outlining the nature of their complaint.

    ————————————————————————-
    July 17, 2009

    Servicing Supervisor
    Servicing Department
    Washington Mutual
    PO Box 44090
    Jacksonville FL 32231

    Dear Loan Servicing Manager:

    Your office received from the borrower a notice of a Qualified Written Request. The request was delivered to you pursuant to HUD published borrower-lender guidelines.

    You have passed the 20 days threshold for compliance. You have failed to honor the request within the term of fulfillment as outlined in accordance with HUD regulatory criteria.

    Therefore we are asking, on behalf of the client that you agree to an indefinite forbearance. Will you kindly cease and desist with any further threat of a foreclosure or recovery proceeding until such time you can determine why the borrower was denied their rights.

    Respectfully,

    MSoliman
    Secondary Examiner
    (As Authorized by Counsel)
    Tel. 310-765-7388

    CC: HUD Office
    Los Angeles, CA Office

    ——————————————————————-

    The servicer must acknowledge the complaint in writing within 20 business days of receipt of the complaint.

    Within 60 business days the servicer must resolve the complaint by correcting the account or giving a statement of the reasons for its position. This does not absolve borrowers from continuing the payments. They are no defense to payments.

    msoliman
    admin@borrowerhotline.com.

    What is a Qualified Written Request?

  274. kathleen w., on July 15, 2009 at 11:04 am said:

    Neil,
    I sent a QWR to Bank of America who I guess is now my servicer after the buy out of CW. My lender listed at the recorders office is Impac funding. B of A , after 3 1/2 months sent me an answer to my QWR. They will not allow me any information regarding the lender’s general business practiced, relationsship with government sponsored entities, its mortgage servicing accounting, or any document that may support a claim or a pretext designed to force the lender to accept a mondification request rather than incour the ecpense of responding. They did tell me that Bank of New York is now the ower of the loan and they service the loan on behalf of them.
    I asked for the pool servicing agreement, front and back cert. copy of my note, and other items along those lines, as well as your “holder in due course” letter.
    Now I am more confused, are they hiding something. I wanted to have someone look at all the doc’s due to problems I have had tring to do a short sale, loan modification, ect.
    Kathleen w.

  275. Delbie, on July 8, 2009 at 5:35 pm said:

    Does anyone know of a “lawyer who gets it” in the Atlanta area. I can be reached at 770-262-7815

  276. A Better Live Soon., on June 10, 2009 at 4:47 pm said:

    Does anyone have a Motion to dismiss the sale of a foreclosure for CA? I tried to file a TRO with the court to prevent the sale and the court wouldn’t accept it. Thanks.
    please email at Melanie@NewBlueMoon.com

  277. Delia Aguilar, on May 31, 2009 at 10:39 am said:

    FOR ANYONE NEEDED AN ATTORNEY IN NORTHERN CALIFORNIA.

    Dear Mr. Timothy McCandless:

    Thank you! Thank you!, Thank you! so much for standing up to the Pittsburg Superior Court in the Contra Costa County. The homeowners you represented last Friday, were amazed and impressed on how you stood up and fearlessly faught for their rights.

    This court has been ordering evictions like traffic tickets and treating homeowners as if we are the criminals.

    Again, Thank You Mr. McCandless
    From Contra Costa County, CA

  278. Shelia, on May 6, 2009 at 2:32 pm said:

    I have a property in Washington DC that BB&T was the Mortgage Company. In June 2008 I had a foreclosure sale that was stopped by filing bankruptcy (eventually closed/dismissed). Then in August 2008 I received a letter from BB&T charging off the mortgage debt. In January 2009 I received a 1099A from BB&T for the charged off mortgage and they sent it to the IRS for which I now am liable for taxes. Now I have received a foreclosure sale notice for the same property from BB&T for May 13. How can they charge it off, send me a 1099A and now try and take the property from me in a foreclosure sale. Does anyone know a good Washington DC Attorney that “gets it”?

  279. Alfonzo Stevens, on May 4, 2009 at 5:50 pm said:

    I am looking for a Lawyer who has took the work shop in the Atlanta, Ga area can you help I can be reached at 770-912-3163

  280. gary, on May 1, 2009 at 5:49 pm said:

    need a tampa attorney

  281. wes carlson, on April 29, 2009 at 9:50 am said:

    I am in foreclosure on second home, with hearing for summary Judgment next week. I am filing a request to produce original note. We have documentation from 1st note holder to 2nd note holder but were foreclosed upon by a 3rd (or maybe 4th, who knows). We attempted to work out with representatives of 2nd note holder and listed for short sell toward deed in lieu. The real estate agent implied sale more difficult with tenants so we got rid of them (no problems there). When no interest from buyers after 5 months, we were entered into an agreement to rent property to a young newly married couple from church, on month to month, pending foreclosure. Tenants had taken possession by moving in belongings and one day came to find locks changed. Calls to attorney for plaintiff in foreclosure resulted in keys being sent aprox. 24 days later after many calls and emails. What can I do in my request to produce/motion to dismiss/ cross-claim, to help my case using this unlawful action?

  282. livinglies, on April 26, 2009 at 8:34 am said:

    Rich Rosenthal: Deficiencies vary from state to state. There are usually restrictions on the ability of the lender to collect a deficiency. Your fist move though is to challenge whether there is a deficiency at all and make a claim for damages. The sale may well have been fraudulent and illegal. Generally speaking no deficiency exists unless and until there is a bona fide sale in an arm’s length transaction from the lender to the new buyer where there is no affiliation between buyer and seller. Check the statutes and consult with Az lawyer for your answer.

  283. Larry, on April 25, 2009 at 7:52 pm said:

    Does an Assistant Vice President has the authority to make promissory note assignment?
    My note was assigned in blank with no date. Is that valid assignment in FL?

  284. Rich Rosenthal, on April 25, 2009 at 4:44 pm said:

    Is there any state law or federal law for that matter that prohibits a deficiency on a mortgage in the event it isn’t spelled out in the Note? See this interesting article:
    http://works.bepress.com/george_kuney/1/
    I’m facing a deficiency in an anti-deficiency law state because I refinanced a purchase money mortgage and used the cash to fully improve my home and no cash at any time went for anything but improvements. I can’t believe there isn’t a legal theory or statute in a federal court that prohibits lenders from seeking a deficiency unless it is disclosed up front or at the time of closing. Any help would be greatly appreciated.

  285. bt, on April 25, 2009 at 11:40 am said:

    i did not know there was a timeframe for the plaintiff to repsond to a motin to dismiss teh foreclosure? what statue are you referring to?

  286. Rik, on April 22, 2009 at 2:01 pm said:

    A little guidance would be appreciated….

    I have filed both a NOTICE OF FILING MOTION TO DISMISS and a MOTION DISMISS FOR A LACK OF SUBJECT MATTER JURISDICTION and the plaintiff’s attorney has failed to respond in the 20+ days required in Florida for both.

    What is the next step to finish this off? Do actually need to do anything, or will my motion(s) be granted/accepted by default?

    I have some experience with filings in the UK, and it is generally the practice to enforce a motion or lose the advantage of getting the motions granted through a late filing by the Plaintiff’s.

    Thank you for any assistance provided.

    Rik

  287. Delia Aguilar, on April 18, 2009 at 12:21 pm said:

    Mr. Garfield:

    1. Investment property foreclosed 04/2007.
    2. As of todate no taxes have been paid by new owner.
    3. City official advised me to find out about squatter rights. According to city official, home was sold twice in an auction, but was thrown back after finding out there was violations to property. I knows those violation it relates to alot of remodel work that we did. Easy to fix and correct.
    4. Called US National Association, they have no record. Referred to trustee, trustee has no record. Referred to Aurora Serv/Lehman Bros. said to view their web for listed reos in market. This home is not list in market or in their web. However, a real estate agent from Prudential has a sign on it as a management entity for this property. They never returned my call.
    5. Can I file a “Quiet Title”, since there is bonifide buyer. The home is all boarded up, along with others in that same street. Please advise Delia
    Email: delia.paguilar@yahoo.com
    Cell: (925) 726-9551
    Home: (684-9523

  288. bill, on April 17, 2009 at 11:39 pm said:

    need help to stop foreclosure VA.and NY Do i start with summons and complaint -as plaintiff or defendant have not recieved official notice from bank (citi mort) VA(-AHS) NY.

  289. Josh M, on April 12, 2009 at 9:13 pm said:

    My Deed of Trust was signed by myself and my wife (now ex-wife) but the Note that goes with it was only signed by me (2.5 yrs ago).
    I am now in foreclosure and filing personal bankruptcy, and wondered if she could still be liable for the debt? (this is colorado)
    It was our intention to have her removed from all loan documentation when we did the re-finance 2.5 yrs ago, but she ended up signing the DoT anyway. (I’m not really sure how this could be possible.)

  290. Doris, on April 4, 2009 at 9:06 am said:

    Original mortgage was from ameriquest. Our house went to sheriff sale in August 26, 2008. It was adjourned. We heard nothing from anyone till March 4, 2009. The day the Obamas stability plan came out. That same day we were delivered a modification package from American Home Mortgage with papers to sign for modification. American home Mortgage got our mortgage from Citi. We had till March 27, 2009 to do the modification. I just found out they sold our house at sheriff sale on March 10, 2009. Deutsche sold it to American Home Mortgage. We were never notified. Aren’t they supposed to post it? I think they have done something illegal. How can they sell it when they sent us papers for modifcation, and with no notice of the sale. PLEASE HELP ME! Do I need to get a lawyer. I think maybe something is wrong with the paperwork. Why would they wait 7 months to go to sheriff sale, if everthing was in order.

  291. Jose, on March 18, 2009 at 6:23 pm said:

    I am in the middle of a foreclosure litigation, I have a court hearing coming up next month. The mortgage bank filled an affidavit of Lost Note and Mortgage in January 09 but they are still persisting in summary judgment against me. What are my affirmative legal defenses? It is my understanding that without the promissory note there can’t be a claim.
    Thanks

  292. L, on March 10, 2009 at 7:38 pm said:

    Hello Neil and all,

    I’m very sorry to hear what happened to JD, I truly hope that case could be Invalidated somehow.

    I want to know if the lender has been sent a DEMAND FOR VALIDATION OF DEBT via certified service and they DO NOT respond within the 21 days, therefore…”technically extinguishing the debt”… HOW DO YOU PROCEED TO ENFORCE THAT AND WHAT ARE THE NEXT STEPS and what is the wording or paperwork to present to the judge to vacate judgement and the case?

    Also, a copy of the Demand for validation of debt is filed in the courthouse.

    Please inform since I am getting mixed and varied info here in Florida. God Bless

  293. intrigued..., on March 2, 2009 at 7:29 pm said:

    correction…..

    “Cancel By Lack of Representation”

  294. intrigued..., on March 2, 2009 at 7:24 pm said:

    Hi,

    I wanted to know if a sale date is scheduled and a demand for validation is recorded on the same date of the sale before the sale with the court, then the court later on states

    “canceled for lack of representation”

    does that mean the demand for validation is canceled or the actual sale? If an attorney for the plaintiff does not show up for the sale is the sale allowed to continue or is it canceled?

    Thanks in advace.

  295. Paul, on March 1, 2009 at 4:39 am said:

    For those in Florida, here are some additional examples of answers/defenses/counterclaims:

    http://tinyurl.com/cld398

    And other pleadings in Florida foreclosure:

    http://tinyurl.com/bmmawy

    http://tinyurl.com/dmz3gq

    http://tinyurl.com/bah4cc

    http://tinyurl.com/b7ex9p

    http://tinyurl.com/bmfy89

    http://tinyurl.com/b8rgt7

    http://tinyurl.com/dn9nuw

  296. Sonia, on February 26, 2009 at 6:27 pm said:

    I also found this …any Floridians who need to know which court to file your lawsuits in go here
    http://www.flcourts.org/courts/circuit/circuit.shtml

    OR
    General Information
    Brief Description of the Circuit Courts
    Court Jurisdiction Chart (Colors match appropriate jurisdiction)
    Distribution of the Circuit Courts

    Links to the Circuit Courts:
    First Circuit – Escambia, Okaloosa, Santa Rosa and Walton
    Second Circuit – Franklin, Gadsden, Jefferson, Leon, Liberty, and Wakulla
    Third Circuit – Columbia, Dixie, Hamilton, Lafayette, Madison, Suwannee and Taylor
    Fourth Circuit – Clay, Duval and Nassau
    Fifth Circuit – Citrus, Hernando, Lake, Marion and Sumter
    Sixth Circuit – Pasco and Pinellas
    Seventh Circuit – Flagler, Putnam, St. Johns and Volusia,
    Eighth Circuit – Alachua, Baker, Bradford, Gilchrist, Levy, and Union
    Ninth Circuit – Orange and Osceola
    Tenth Circuit – Hardee, Highlands, and Polk
    Eleventh Circuit – Dade
    Twelfth Circuit – DeSoto, Manatee, and Sarasota
    Thirteenth Circuit – Hillsborough
    Fourteenth Circuit – Bay, Calhoun, Gulf, Holmes, Jackson and Washington
    Fifteenth Circuit – Palm Beach
    Sixteenth Circuit – Monroe
    Seventeenth Circuit – Broward
    Eighteenth Circuit – Brevard and Seminole
    Nineteenth Circuit – Indian River, Martin, Okeechobee and St. Lucie
    Twentieth Circuit – Charlotte, Collier, Glades, Hendry and Lee

  297. Sonia, on February 26, 2009 at 6:17 pm said:

    Or Writ of Prohibition…

    A writ of prohibition, in the United States, is an official legal document drafted and issued by a supreme court or superior court to a judge presiding over a suit in an inferior court. The writ of prohibition mandates the inferior court to cease any action over the case because it may not fall within that inferior court’s jurisdiction. The document is also issued at times when it is deemed that an inferior court is acting outside the normal rules and procedures in the examination of a case. In another instance, the document is issued at times when an inferior court is deemed headed towards defeating a legal right.

    In criminal proceedings, a defendant who has been committed for trial may petition to the superior court for a writ of prohibition, in this case on the ground that his conduct, even if proven, does not constitute the offense charged.

    Prohibition: is also generally limited to appellate courts, who use it to prevent lower courts from exceeding their jurisdiction. A writ of prohibition is used to prevent an inferior court from exceeding its jurisdiction or acting contrary to the rules of natural justice. It is issued by superior court to inferior court, preventing inferior court from usurping a jurisdiction with which it was not legally vested ( or to compel inferior court to keep within the limits of its jurisdiction). The Writ of Prohibition cannot be used to undo any previous acts, but only to prohibit acts not completed.

    “Thus it was held that notwithstanding the right to an appeal, if the situation disclosed be such that to take the ordinary course by appeal would of itself subject the complainant to irreparable loss, the writ should issue notwithstanding no objection was made below; that the matter of judicial courtesy should yield to substantial personal rights of litigants, such as a sacrifice of their liberty.” See “Extraordinary Legal Remedies” by Forrest G. Ferris, 1926 edition. See also Hargis v Parker 27 Kentucky L.Rep 441, 85 s.w. 704,69 L.R.A. 270.

    A writ of prohibition may be issued both in cases where there is an excess of jurisdiction and where there is absence of jurisdiction. Prohibition has much common with certiorari. Each is issued with the object of preventing the inferior courts from exceeding their jurisdiction.

    Difference between prohibition and certiorari: When an inferior court takes up for hearing a matter over which it has no jurisdiction , the person against whom the proceedings are taken , can move to the superior courts for a writ of prohibition, and on that an order will issue forbidding the inferior court from continuing the proceedings. Prohibition to prevent the court to proceed further.

    While in certiorari…

    If the court hears the cause or matter and gives a decision , the party who aggrieved would have to move the superior court for a writ of certiorari on that and order will be made quashing the decision on the grounds of jurisdiction. (ie. In this the inferior court has a jurisdiction). Certiorari for quashing what had already been decided.

    Prohibition and certiorari lie only against judicial and quasi-judicial bodies. They do not lie against public authority in an executive or administrative capacity nor a legislative body.

    Neil, I really appreciate all the info on your site available to PRO SE/ For Self defense however its impossible to find info on appeals here. What about people who’ve received a final order of foreclosure but were unaware of any of the laws pertaining to their case until visiting your site? There needs to be a link for if the judge refuses to hear your arguments after the 30days given to respond – this I’m sure pertains to a lot of people on this site. I would be willing to donate my time and efforts to create and maintain that portion of your site. I am a homeowner who paid my lender $31k (12mts of advanced pymts)of my hard earned savings to put into an escrow account so that my account would be paid “on time” monthly – instead of escrow it went to principle – for 5 mts I called daily to get the error done correctly and all I got were reps in India who didn’t understand what I was saying. I placed the home up for sale but the values in the area have decreased dramatically. I couldn’t lower the price because of what I owe. When I did get a guy on line he told me he would fix it. Couldn’t get another “good” english speaker online for another 2 mts. Finally started taking the mailings seriously when I saw that they were not trying to correct the error they have charged me over 180k in late fees to date and still haven’t properly applied my payment. Now the judge wants me to mediate or sell my home since it’s been over a year that this has been going on. I look bad as the home owner for not having resumed payments while the previous payment was been resolved. I’ve hit a brick wall. I called the county courthouse to find out how to file an appeal because no one on the site has gotten back to me regarding my post on what to do next. A clerk at the courthouse told me about filing an Emergency Writ of Prohibition. I just want someone of legal stature to look it over and verify that it’s correctly formatted and accurate in verse. Thank you in advance. I refuse to send Ocwen another dime until they apply my payment right or give my money back so that I can get another home. My credit has been ruined by their neglect and malicious lies and tactics. I intend to fight this til the end.

  298. Sonia, on February 26, 2009 at 6:01 pm said:

    Allan or anyone in Florida needed for doc prep to do a emergency writ of prohibition and or writ mandamus.

    Definition below;

    A writ of mandamus or simply mandamus, which means “we command” in Latin, is the name of one of the prerogative writs in the common law, and is “issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly”.[1]

    Mandamus is a judicial remedy which is in the form of an order from a superior court to any government, subordinate court, corporation or public authority to do or forbear from doing some specific act which that body is obliged under law to do or refrain from doing, as the case may be, and which is in the nature of public duty and in certain cases of a statutory duty.[2] It cannot be issued to compel an authority to do something against statutory provision.

    Mandamus may be a command to do an administrative action or not to take a particular action, and it is supplemented by legal rights. It must be a judicially enforceable and legally protected right before one suffering a grievance can ask for a mandamus. A person can be said to be aggrieved only when he is denied a legal right by someone who has a legal duty to do something and abstains from doing it.

    Also;

    The applicant pleading for the writ of mandamus to be enforced should be able to show that he has a legal right to compel the respondent to do or refrain from doing the specific act. The duty sought to be enforced must have two qualities:[3]It must be a duty of public nature and the duty must be imperative and should not be discretionary.

    Normally, a writ of mandamus does not issue to, or an order in the nature of mandamus is not made against, the private individual. It is not necessary that the person or the authority on whom the statutory duty is imposed be a public official or an official body. A mandamus can issue, for instance, to an official of a society to compel him to carry out the terms of the statute by which the society is constituted or governed and also to companies or corporations to carry out duties placed on them by statutes. A mandamus would be equally applicable for a company constituted by a statute for the purposes of fulfilling public responsibilities. The court to which the application for the issue of mandamus is made will not constitute itself a court of appeal from the decision of the administrative authority and will not examine the correctness or otherwise of a decision on merits.[4] The exercise of administrative discretion is not interfered upon by the court, but it will do so if there has been an illegal exercise of the discretion. There is an illegal exercise of discretion where:

    The order is made without, or in excess of, jurisdiction
    The order made is mala fides, or
    The authority is influenced by extraneous consideration.

  299. R2, on February 26, 2009 at 2:44 pm said:

    To Mike – my thought? I don’t know if yours is a judicial or non-judicial state, but from what I’m going through in MI, when in doubt, file what you think you need to, the judge will either grant it or not – just remember to keep them as separate motions or filings. Once a ruling is made, it’s a moot point to back track.
    In terms of what I’m going through, though judge has essentially ignored my affirmative defenses and triable issues and granted summary judgment/possession in 30 days, my strategy is to file an appeal in circuit court and as we get closer to the expiration of the 30 days, file a qualified written request to plaintiff’s attorney to produce the original notes on both mortgages. In the meantime, I have the hearing in 15 days on the other home that was involved and my thinking is that if the judge granted summary judgment on the mtge tied to both homes, then, in essence the foreclosure action on the other home should be dismissed, i.e. can’t foreclose on same house twice. When I present my triable issues to the court on this one, I am thinking of also filing a motion to dismiss on these grounds and requesting a copy of the original notes (there were two first mortgages on this house). The judge may laugh me out of court, but it’s worth a try. To sum up, if you think (Mike) that you should, do some research and then do it. All they can do is say no and where have we not heard that before. R2

  300. mike linton, on February 25, 2009 at 11:10 pm said:

    Question – I have filed a complaint against all of the companies listed in the prospectus for the pool that my mortgage was in. There was a 30 day summons which many of the companies have not filed an answer or appearance. I am going for an order of default. My question is should I file a Citation to Discover Assets against the defaulting companies along with the motion and order?

  301. R2, on February 25, 2009 at 5:10 pm said:

    well, triable issues as sto breach of contract, material issues of fact, tila respa violations didn’t work in court today when the judge denied my request for a jury trial, denied postponement of sum judgment to seek/retain legal counsel and denied my request to transfer case to another district court where a 2nd pending action on the same matter will take place. I have 30 days to appeal or get out what to do? Need attny to work pro bono or contigency here in MI

  302. R2, on February 24, 2009 at 8:41 pm said:

    Neil, I’ve commented on several of your blogs but need quick thoughts on ‘triable issues’ and possible course of action if demand for jury trial is denied. I thought 7th amendment (us constitution) granted me that right, even in matters of equity. I already presented wrongful foreclosure, breach of contract. Also, in my comments before the judge tomorrow before he makes his ruling, a summary judgment should be denied becasue Plaintiff did not produce evidence in support of the motion sufficient to show that no genuine issue of material facts remain for trial? HELP

  303. Sonia, on February 24, 2009 at 7:36 pm said:

    Also I can be contacted at 775-278-5167 and does anyone have the Federal Court format ie

    IN THE UNITED STATES DISTRICT COURT
    FOR THE NORTHERN DISTRICT OF ILLINOIS
    EASTERN DIVISION
    ,

    but for Florida, West Palm Beach Florida? Although final judgement of foreclosure has been issued can I rescind based on the fact that they transferred the note (Freemont was the first lender) now defunct and transferred to Ocwen however HSBC is the one who’s filed the foreclosure action. I’m so confused if anyone can give me some suggestions I would be forever grateful to you.

  304. Sonia, on February 24, 2009 at 7:29 pm said:

    Damon I have the same question. I had a palm beach judge overlook my TILA assertions stating I had 30 days to respond and it’s over that time frame so he would not entertain it. I have a affidavit from the lender’s attorney from their first lp stating they didn’t have a original note however in 2008 a note appears they filed it but I had no knowledge of it. The judge is ordering mediation or foreclosure sale. I was advised to take it to Federal however I dontt have the ability to pay an attorney right now because if I do a modification chances are they’ll require a deposit so I’m trying to do everything I can to save our home but why would I modify if they aren’t the rightful owners of the note? Please help I’d prefer to converse by phone instead of writing. I was so blown away by the judge not giving a crap about me or my assertions. He didn’t even look at the list of issues that I stated should be addressed. Again any expert help on the format and manner in which I should state the following – the note is either forged or not valid, I want an injunction to stay the foreclosure sale, fraud, and rico violations with florida law jargon. Thanks in advance – I love this site.

  305. mike linton, on February 24, 2009 at 3:32 pm said:

    What should I file when the Plaintiffs attorney blows off discovery , a motion to compel?

    Neil, You should start a catagory called “Ask Neil”
    also in your WordPress setting, maybe set your comments to show the most recent 10 since you are getting so many daily visitors.

  306. Damon Serota, Esq., on February 24, 2009 at 12:52 pm said:

    I was wondering if anyone had any experience with removal of a pending state foreclosure action to Federal District court. There does not appear to be much out there in terms of case law. Any guidance would be appreciated. This weblog is great and I am looking forward to going to Neil’s next seminar (any idea when and where that will be?).

  307. Philip Shelley, on February 24, 2009 at 9:42 am said:

    Julie
    I Know an atty that works in LA & OC
    email me if you haven’t found one
    pippy52@verizon.net

  308. Eric, on February 24, 2009 at 12:50 am said:

    Hi Guys,
    Just have a question:
    Is there any way that I can delay my sale date without using attorney help?
    I ave been told that there is a way that I can delay the sale date up to 4 months.

    Any Info. will help
    Thanks,
    eric.al29@yahoo.com

  309. Ilhelp, on February 24, 2009 at 12:19 am said:

    this ? was to mike linton with dated comment 1/16/2009

  310. Ilhelp, on February 24, 2009 at 12:12 am said:

    Mike are you in Illinois. I am in need of help with a couple countrywide pay option arm loans. Please let me know and i will give you my email

  311. Susan Todd, on February 23, 2009 at 8:41 pm said:

    Does anyone know of a lawyer in New Mexico that is in the mindset to help my husband and I investigate whether or not IndyMac federal bank (our mortgage holder) can prove that they hold the correct papers for our house? We are NOT in foreclosure but are struggling every month and I would love to know if we are paying the mortgage unneccissarily.
    Thank you

  312. gump59, on February 23, 2009 at 7:50 pm said:

    There are many cases of foreclosure sales being invalidated, will leave the details to those that have more personal knowledge regarding them.

  313. L, on February 23, 2009 at 7:45 pm said:

    Hello,

    Wanted to know if there have been any victories with regards to fighting even AFTER the “Sale” of the property! Please post your experiences.

  314. Florida Defense Team, on February 23, 2009 at 7:26 pm said:

    Foreclosure Defense Litigants: Play Chess – Not Checkers!

    Have them prove chain of title in Discovery –
    they can’t? Game over. Quiet Title.

  315. Beth, on February 21, 2009 at 6:46 pm said:

    Larry – I also work with with a Maryland Lawyer that get’s it. I’m a paralegal and I do the research on these cases. We’ve gotten several foreclosures dismissed. Call me, 443-995-8461. or email. Jacobson.beth@yahoo.com

  316. Julie, on February 21, 2009 at 6:19 pm said:

    I need to file a Respa/Tila violation in Federal court in Orange County CA or LA. Is one better to file in? Does anyone have a sample Form? Also, I need an Atty in Orange County who may be able to help – I can’t find anyone who has actually filed one out here…help!! New Mom waiting for NOD…help!!

  317. ny, on February 18, 2009 at 7:24 pm said:

    WHERE’S THE NOTE, WHO’S THE HOLDER: ENFORCEMENT OF PROMISSORY NOTE SECURED BY REAL ESTATE

    HON. SAMUEL L. BUFFORD
    UNITED STATES BANKRUPTCY JUDGE
    CENTRAL DISTRICT OF CALIFORNIA
    LOS ANGELES, CALIFORNIA

    (FORMERLY HON.) R. GLEN AYERS
    LANGLEY & BANACK
    SAN ANTONIO, TEXAS

    AMERICAN BANKRUPTCY INSTUTUTE
    APRIL 3, 2009
    WASHINGTON, D.C.

    WHERE’S THE NOTE, WHO’S THE HOLDER

    INTRODUCTION

    In an era where a very large portion of mortgage obligations have been securitized, by assignment to a trust indenture trustee, with the resulting pool of assets being then sold as mortgage backed securities, foreclosure becomes an interesting exercise, particularly where judicial process is involved. We are all familiar with the securitization process. The steps, if not the process, is simple. A borrower goes to a mortgage lender. The lender finances the purchase of real estate. The borrower signs a note and mortgage or deed of trust. The original lender sells the note and assigns the mortgage to an entity that securitizes the note by combining the note with hundreds or thousands of similar obligation to create a package of mortgage backed securities, which are then sold to investors.

    Unfortunately, unless you represent borrowers, the vast flow of notes into the maw of the securitization industry meant that a lot of mistakes were made. When the borrower defaults, the party seeking to enforce the obligation and foreclose on the underlying collateral sometimes cannot find the note. A lawyer sophisticated in this area has speculated to one of the authors that perhaps a third of the notes “securitized” have been lost or destroyed. The cases we are going to look at reflect the stark fact that the unnamed source’s speculation may be well-founded.

    UCC SECTION 3-309

    If the issue were as simple as a missing note, UCC §3-309 would provide a simple solution. A person entitled to enforce an instrument which has been lost, destroyed or stolen may enforce the instrument. If the court is concerned that some third party may show up and attempt to enforce the instrument against the payee, it may order adequate protection. But, and however, a person seeking to enforce a missing instrument must be a person entitled to enforce the instrument, and that person must prove the instrument’s terms and that person’s right to enforce the instrument. §3-309 (a)(1) & (b).

    WHO’S THE HOLDER

    Enforcement of a note always requires that the person seeking to collect show that it is the holder. A holder is an entity that has acquired the note either as the original payor or transfer by endorsement of order paper or physical possession of bearer paper. These requirements are set out in Article 3 of the Uniform Commercial Code, which has been adopted in every state, including Louisiana, and in the District of Columbia. Even in bankruptcy proceedings, State substantive law controls the rights of note and lien holders, as the Supreme Court pointed out almost forty (40) years ago in United States v. Butner, 440 U.S. 48, 54-55 (1979).

    However, as Judge Bufford has recently illustrated,20in one of the cases discussed below, in the bankruptcy and other federal courts, procedure is governed by the Federal Rules of Bankruptcy and Civil Procedure. And, procedure may just have an impact on the issue of “who,” because, if the holder is unknown, pleading and standing issues arise.

    BRIEF REVIEW OF UCC PROVISIONS

    Article 3 governs negotiable instruments – it defines what a negotiable instrument is and defines how ownership of those pieces of paper is transferred. For the precise definition, see § 3-104(a) (“an unconditional promise or order to pay a fixed amount of money, with or without interest . . . .”) The instrument may be either payable to order or bearer and payable on demand or at a definite time, with or without interest.

    Ordinary negotiable instruments include notes and drafts (a check is a draft drawn on a bank). See § 3-104(e).

    Negotiable paper is transferred from the original payor by negotiation. §3-301. “Order paper” must be endorsed; bearer paper need only be delivered. §3-305. However, in either case, for the note to be enforced, the person who asserts the status of the holder must be in possession of the instrument. See UCC § 1-201 (20) and comments.

    The original and subsequent transferees are referred to as holders. Holders who take with no notice of defect or default are called “holders in due course,” and take free of many defenses. See §§ 3-305(b).

    The UCC says that a payment to a party “entitled to enforce the instrument” is sufficient to extinguish the obligation of the person obligated on the instrument. Clearly, then, only a holder – a person in possession of a note endorsed to it or a holder of bearer paper – may seek satisfaction or enforce rights in collateral such as real estate.

    NOTE: Those of us who went through the bank and savings and loan collapse of the 1980’s are familiar with these problems. The FDIC/FSLIC/RTC sold millions of notes secured and unsecured, in bulk transactions. Some notes could not be found and enforcement sometimes became a problem. Of course, sometimes we are forced to repeat history. For a recent FDIC case, see Liberty Savings Bank v. Redus, 2009 WL 41857 (Ohio App. 8 Dist.), January 8, 2009.

    THE RULES

    Judge Bufford addressed the rules issue this past year. See In re Hwang, 396 B.R. 757 (Bankr. C. D. Cal. 2008). First, there are the pleading problems that arise when the holder of the note is unknown. Typically, the issue will arise in a motion for relief from stay in a bankruptcy proceeding.

    According F.R.Civ. Pro. 17, “[a]n action must be prosecuted in the name of the real party in interest.” This rule is incorporated into the rules governing bankruptcy procedure in several ways. As Judge Bufford has pointed out, for example, in a motion for relief from stay, filed under F.R.Bankr.Pro. 4001 is a contested matter, governed by F. R. Bankr. P. 9014, which makes F.R. Bankr. Pro. 7017 applicable to such motions. F.R. Bankr. P. 7017 is, of course, a restatement of F. R. Civ. P. 17. In re Hwang, 396 B.R. at 766. The real party in interest in a federal action to enforce a note, whether in bankruptcy court or federal district court, is the owner of a note. (In securitization transactions, this would be the trustee for the “certificate holders.”) When the actual holder of the note is unknown, it is impossible – not difficult but impossible – to plead a cause of action in a federal court (unless the movant simply lies about the ownership of the note). Unless the name of the actual note holder can be stated, the very pleadings are defective.

    STANDING

    Often, the servicing agent for the loan will appear to enforce the note. Assume that the servicing agent states that it is the authorized agent of the note holder, which is “Trust Number 99.” The servicing agent is certainly a party in interest, since a party in interest in a bankruptcy court is a very broad term or concept. See, e.g., Greer v. O’Dell, 305 F.3d 1297, 1302-03 (11th Cir. 2002). However, the servicing agent may not have standing: “Federal Courts have only the power authorized by Article III of the Constitutions and the statutes enacted by Congress pursuant thereto. … [A] plaintiff must have Constitutional standing in order for a federal court to have jurisdiction.” In re Foreclosure Cases, 521 F.Supp. 3d 650, 653 (S.D. Ohio, 2007) (citations omitted).

    But, the servicing agent does not have standing, for only a person who is the holder of the note has standing to enforce the note. See, e.g., In re Hwang, 2008 WL 4899273 at 8.

    The servicing agent may have standing if acting as an agent for the holder, assuming that the agent can both show agency status and that the principle is the holder. See, e.g., In re Vargas, 396 B.R. 511 (Bankr. C.D. Cal. 2008) at 520.

    A BRIEF ASIDE: WHO IS MERS?

    For those of you who are not familiar with the entity known as MERS, a frequent participant in these foreclosure proceedings:

    MERS is the “Mortgage Electronic Registration System, Inc. “MERS is a mortgage banking ‘utility’ that registers mortgage loans in a book entry system so that … real estate loans can be bought, sold and securitized, just like Wall Street’s book entry utility for stocks and bonds is the Depository Trust and Clearinghouse.” Bastian, “Foreclosure Forms”, State. Bar of Texas 17th Annual Advanced Real Estate Drafting Course, March 9-10, 2007, Dallas, Texas. MERS is enormous. It originates thousands of loans daily and is the mortgagee of record for at least 40 million mortgages and other security documents. Id.

    MERS acts as agent for the owner of the note. Its authority to act should be shown by an agency agreement. Of course, if the owner is unknown, MERS cannot show that it is an authorized agent of the owner.

    RULES OF EVIDENCE – A PRACTICAL PROBLEM

    This structure also possesses practical evidentiary problems where the party asserting a right to foreclose must be able to show a default. Once again, Judge Bufford has addressed this issue. At In re Vargas, 396 B.R. at 517-19. Judge Bufford made a finding that the witness called to testify as to debt and default was incompetent. All the witness could testify was that he had looked at the MERS computerized records. The witness was unable to satisfy the requirements of the Federal Rules of Evidence, particularly Rule 803, as applied to computerized records in the Ninth Circuit. See id. at 517-20. The low level employee could really only testify that the MERS screen shot he reviewed reflected a default. That really is not much in the way of evidence, and not nearly enough to get around the hearsay rule.

    FORECLOSURE OR RELIEF FROM STAY

    In a foreclosure proceeding in a judicial foreclosure state, or a request for injunctive relief in a non-judicial foreclosure state, or in a motion for relief proceeding in a bankruptcy court, the courts are dealing with and writing about the problems very frequently.

    In many if not almost all cases, the party seeking to exercise the rights of the creditor will be a servicing company. Servicing companies will be asserting the rights of their alleged principal, the note holder, which is, again, often going to be a trustee for a securitization package. The mortgage holder or beneficiary under the deed of trust will, again, very often be MERS.

    Even before reaching the practical problem of debt and default, mentioned above, the moving party must show that it holds the note or (1) that it is an agent of the holder and that (2) the holder remains the holder. In addition, the owner of the note, if different from the holder, must join in the motion.

    Some states, like Texas, have passed statutes that allow servicing companies to act in foreclosure proceedings as a statutorily recognized agent of the noteholder. See, e.g., Tex. Prop. Code §51.0001. However, that statute refers to the servicer as the last entity to whom the debtor has been instructed to make payments. This status is certainly open to challenge. The statute certainly provides nothing more than prima facie evidence of the ability of the servicer to act. If challenged, the servicing agent must show that the last entity to communicate instructions to the debtor is still the holder of the note. See, e.g., HSBC Bank, N.A. v. Valentin, 2l N.Y. Misc. 3d 1123(A), 2008 WL 4764816 (Table) (N.Y. Sup.), Nov. 3, 2008. In addition, such a statute does not control in federal court where Fed. R. Civ. P. 17 and 19 (and Fed. R. Bankr. P. 7017 and 7019) apply.

    SOME RECENT CASE LAW

    These=2 0cases are arranged by state, for no particular reason.

    Massachusetts

    In re Schwartz, 366 B.R.265 (Bankr. D. Mass. 2007)

    Schwartz concerns a Motion for Relief to pursue an eviction. Movant asserted that the property had been foreclosed upon prior to the date of the bankruptcy petition. The pro se debtor asserted that the Movant was required to show that it had authority to conduct the sale. Movant, and “the party which appears to be the current mortgagee…” provided documents for the court to review, but did not ask for an evidentiary hearing. Judge Rosenthal sifted through the documents and found that the Movant and the current mortgagee had failed to prove that the foreclosure was properly conducted.

    Specifically, Judge Rosenthal found that there was no evidence of a proper assignment of the mortgage prior to foreclosure. However, at footnote 5, Id. at 268, the Court also finds that there is no evidence that the note itself was assigned and no evidence as to who the current holder might be.

    Nosek v. Ameriquest Mortgage Company (In re Nosek), 286 Br. 374 (Bankr D Mass. 2008).

    Almost a year to the day after Schwartz was signed, Judge Rosenthal issued a second opinion. This is an opinion on an order to show cause. Judge20Rosenthal specifically found that, although the note and mortgage involved in the case had been transferred from the originator to another party within five days of closing, during the five years in which the chapter 13 proceeding was pending, the note and mortgage and associated claims had been prosecuted by Ameriquest which has represented itself to be the holder of the note and the mortgage. Not until September of 2007 did Ameriquest notify the Court that it was merely the servicer. In fact, only after the chapter 13 bankruptcy had been pending for about three years was there even an assignment of the servicing rights. Id. at 378.

    Because these misrepresentations were not simple mistakes: as the Court has noted on more than one occasion, those parties who do not hold the note of mortgage do not service the mortgage do not have standing to pursue motions for leave or other actions arising form the mortgage obligation. Id at 380.

    As a result, the Court sanctioned the local law firm that had been prosecuting the claim $25,000. It sanctioned a partner at that firm an additional $25,000. Then the Court sanctioned the national law firm involved $100,000 and ultimately sanctioned Wells Fargo $250,000. Id. at 382-386.

    In re Hayes, 393 B.R. 259 (Bankr. D. Mass. 2008).

    Like Judge Rosenthal, Judge Feeney has attacked the problem of standing and authority head on. She has also held that standing must be established before either a claim can be allowed or a motion for relief be granted.

    Ohio

    In re Foreclosure Cases, 521 F.Supp. 2d (S.D. Ohio 2007).

    Perhaps the District Court’s orders in the foreclosure cases in Ohio have received the most press of any of these opinions. Relying almost exclusively on standing, the Judge Rose has determined that a foreclosing party must show standing. “[I]n a foreclosure action, the plaintiff must show that it is the holder of the note and the mortgage at the time that the complaint was filed.” Id. at 653.

    Judge Rose instructed the parties involved that the willful failure of the movants to comply with the general orders of the Court would in the future result in immediate dismissal of foreclos ure actions.

    Deutsche Bank Nat’l Trust Co. v. Steele, 2008 WL 111227 (S.D. Ohio) January 8, 2008.

    In Steele, Judge Abel followed the lead of Judge Rose and found that Deutsche Bank had filed evidence in support of its motion for default judgment indicating that MERS was the mortgage holder. There was not sufficient evidence to support the claim that Deutsche Bank was the owner and holder of the note as of that date. Following In re Foreclosure Cases, 2007 WL 456586, the Court held that summary judgment would be denied “until such time as Deutsche Bank was able to offer evidence showing, by a preponderance of evidence, that it owned the note and mortgage when the complaint was filed.” 2008 WL 111227 at 2. Deutsche Bank was given twenty-one days to comply. Id.

    Illinois

    U.S. Bank, N.A. v. Cook, 2009 WL 35286 (N.D. Ill. January 6, 2009).

    Not all federal district judges are as concerned with the issues surrounding the transfer of notes and mortgages. Cook is a very pro lender case and, in an order granting a motion for summary judgment, the Court found that Cook had shown no “countervailing evidence to create a genuine issue of facts.” Id. at 3. In fact, a review of the evidence submitted by U.S. Bank showed only that it was the alleged trustee of the securitization pool. U.S. Bank relied exclusively on the “pooling and serving agreement” to show that it was the holder of the note. Id.

    Under UCC Article 3, the evidence presented in Cook was clearly insufficient.

    New York

    HSBC Bank USA, N.A. v. Valentin, 21 Misc. 3D 1124(A), 2008 WL 4764816 (Table) (N.Y. Sup.) November 3, 2008. In Valentin, the New York court found that, even though given an opportunity to, HSBC did not show the ownership of debt and mortgage. The complaint was dismissed with prejudice and the “notice of pendency” against the property was cancelled.

    Note that the Valentin case does not involve some sort of ambush. The Court gave every HSBC every opportunity to cure the defects the Court perceived in the pleadings.

    California

    In re Vargas, 396 B.R. 511 (Bankr. C.D. Cal. 2008)

    and

    In re Hwang, 396 B.R. 757 (Bankr. C.D. Cal. 2008)

    These two opinions by Judge Bufford have been discussed above. Judge Bufford carefully explores the related issues of standing and ownership under both federal and California law.

    Texas

    In re Parsley, 384 B.R. 138 (Bankr. S.D. Tex. 2008)

    and

    In re Gilbreath, 395 B.R. 356 (Bankr. S.D. Tex. 2008)

    These two recent opinions by Judge Jeff Bohm are not really on point, but illustrate another thread of cases running through the issues of motions for relief from stay in bankruptcy court and the sloppiness of loan servicing agencies. Both of these cases involve motions for relief that were not based upon fact but upon mistakes by servicing agencies. Both opinions deal with the issue of sanctions and, put simply, both cases illustrate that Judge Bohm (and perhaps other members of the bankruptcy bench in the Southern District of Texas) are going to be very strict about motions for relief in consumer cases.

    SUMMARY

    The cases cited illustrate enormous problems in the loan servicing industry. These problems arise in the context of securitization and illustrate the difficulty of determining the name of the holder, the assignee of the mortgage, and the parties with both the legal right under Article 3 and the standing under the Constitution to enforce notes, whether in state court or federal court.

    Interestingly, with the exception of Judge Bufford and a few other judges, there has been less than adequate focus upon the UCC title issues. The next round of cases may and should focus upon the title to debt instrument. The person seeking to enforce the note must show that:

    (1) It is the holder of t his note original by transfer, with all necessary rounds;
    (2) It had possession of the note before it was lost;
    (3) If it can show that title to the note runs to it, but the original is lost or destroyed, the holder must be prepared to post a bond;
    (4) If the person seeking to enforce is an agent, it must show its agency status and that its principal is the holder of the note (and meets the above requirements).

    Then, and only then, do the issues of evidence of debt and default and assignment of mortgage rights become relevant.

  318. Sara, on February 18, 2009 at 6:10 pm said:

    My loan is currently being serviced my ASC and I have been looking for a class action lawsuit also. I live in NH, and the only one I can find is in Michigan. I am currently working with a lawyer from this site and fighting foreclosure against ASC. Contact me and I am more than willing to join a class action. My email is sgmcnutt@comcast.net

  319. Pam D., on February 17, 2009 at 6:51 pm said:

    My husband and I are facing foreclosure in OH. Is there anyone out there that can give me advice on what to find out or ask in my first set of discovery to bank? I’m a paralegal, so not completely ignorant of legal proceedings, etc. Sadly, but after my experience working for lawyers all these years, my husband and I think we can do a better job at representing ourselves in this action.

  320. Charles, on February 15, 2009 at 10:51 pm said:

    Statin,

    Contact me. I am tied into some local attorneys using the Garfiled Continnuum. We may be able to help. You can reach me at letstalkalotmore@yahoo.com

    Charles

  321. Gunslinger, on February 15, 2009 at 10:03 pm said:

    Any lawyers in Houston, Texas willing to start a class-action (Or even an ordinary lawsuit) against ‘Americas Servicing Company’ (ASC) aka Wells Fargo?

    I have ALL DOCUMENTS and can prove repeated and sustained lender fraud. I am a mortgage Broker. District Attorney is aware and asked for docs. I would rather sue for damages and/or mortgage cancellation. Any lawyers want this?

  322. Satin, on February 15, 2009 at 4:03 pm said:

    I have a trustee sale date. I never received the notice of defualt. The Clark County Recorders Office reveals the Notice of Default was dated 11/07/2006 also a Notice of recission of default was recorded the same date and time, I also did not receive this notification. I am filfin a chapter 13 , how can I fight to keep my house

  323. gump59, on February 12, 2009 at 7:11 am said:

    eman205 – I retained the services of one from this site, E. F. Robinson. Pretty nice guy and well recommended from others in the area.

  324. Joe, on February 12, 2009 at 5:25 am said:

    Here is some good information on some Florida cases dismissed. MERS case found to be sham.

    http://www.msfraud.org/LAW/Lounge/MERS%20is%20a%20SHAM.pdf

  325. Eman205, on February 11, 2009 at 1:00 am said:

    Grump 59…Leave a number and I will call you in
    regarde to my dealings with Va. attorney’s.

  326. Dan, on February 10, 2009 at 1:33 pm said:

    If anyone has ASC as servicer and/or NDEx West, LLC as the entity hired to foreclose, please shoot me an email. I am nearly ready to go after them and I would like it to be a class action.

    Thanks,
    Dan Edstrom
    dmedstrom@hotmail.com

  327. Dan, on February 10, 2009 at 1:30 pm said:

    dasmom,
    If your forbearance was anything like mine (from ASC also), you did not give up any rights or claims (I am not a lawyer and this is not legal advice, this is only my opinion). ASC only wanted the forbearance to pay back their advances of your principal and interest. You can still be foreclosed on at any time. They “may” consider you for a loan modification if you pay the forbearance as agreed. Mine was one page – if yours is the same the terms will be obvious.

    Here is what is not obvious. In another lawsuit between ASC and a borrower, the borrower made numerous claims. The forbearance was verbal. ASC claimed a verbal contract is valid, but no consideration was given – the payments supplied by the borrower were for an already existing debt. Without consideration, the verbal contract was unenforeable. Turnabout is fair play. Unless your forbearance stated otherwise, you and ASC can both claim the forbearance as unenforceable.

    It seems that this servicer may be engaging in a pattern and practice of foreclosing on borrowers in order to protect “their interest” in borrowers properties.

    Also, watch out. Borrowers in your situation have been foreclosed on – they just use your money to do it.

    Thanks,
    Dan Edstrom
    dmedstrom@hotmail.com

  328. dasmom, on February 9, 2009 at 11:46 pm said:

    I see that some individuals have refused to sign forbearance agreements sent to them by their lenders. I signed a forbearance agreement with ASC several months ago. What rights did I give away by signing the forbearance agreement?

  329. l, on February 2, 2009 at 7:25 pm said:

    Hello guys, wanted a suggestion on responding to a validation of debt by a bank when that bank “takes over” and continues with the foreclosure, should it be a challenge back to the QWR and challenging their position or send a full media validation request in addition (certified of course) What would you folks do? Thanks.

    P.S. I agree that all these loan modifications are doing more damage to the consumers and saving the banks, actually putting the pray on a silver platter for these predators….

  330. Patricia, on February 2, 2009 at 7:13 pm said:

    Jose Fighter, thank you for your post. I had an earlier post on why my home went into foreclosure, is there any other way that I can bring a mortgate payment from what was once 1200 to now 1600. What if i don’t even make that in a month? Any advise? Thank you in advance.

  331. JOSE FIGHTER, on February 2, 2009 at 6:39 pm said:

    EMC is closely related to Bear Stearns

    and Maryland Lawyers who get it

    The firm of Brown, Brown and Brown listed in this blog

    Also Bradley Deutchman, P.C.

    phone# 202-277-3055

    for mortgage audit

    MAC, Mortgage Analysis and Consulting

    703-442-8828

  332. JOSE FIGHTER, on February 2, 2009 at 6:36 pm said:

    Most Likely Bear Stearns or one nof their Pyramid partners

  333. Louie, on February 2, 2009 at 5:55 pm said:

    ASC is the biggest pieces of s*** that exists.

  334. Patricia, on February 2, 2009 at 5:52 pm said:

    I have a question if anyone can respond, my morgtage company is EMC who exactly would have that loan. They say they are only the servciers and not mortage company… Any help anyone?

  335. LARRY, on February 2, 2009 at 5:29 pm said:

    IS THERE A LAWYER IN MARYLAND WHO UNDERSTANDS ALL THIS AND CAN HELP ASAP

  336. Charles, on February 1, 2009 at 4:44 am said:

    1. Neil you are doing a great job. thanks very much.
    2. Can a previously signed waiver on a lender initiated modification be superdeded by new claims of fraud?
    3. where can I buy your book and get the forms to go pro se?
    4. Any workshops coming up anytime soon in or near Las Vegas?

    Charles

  337. LUIS, on January 30, 2009 at 12:26 am said:

    SOME DAY, LAWYERS WHO THINK LOAN MODIFICATIONS ARE “IT”. WILL REALIZE HOW MUCH DAMAGE THEY ARE DOING. YES THEY ARE THE EASY WAY OUT, MAKE TWO PHONE CALLS, SEND A LETTER THEN SIT AND WAIT FOR TIME TO PASS.

    NONE OF THESE LENDERS AND SERVICERS GET IT, AND WHEN THE NON PROFITS, THE LAWYERS , REAL ESTATE AGENTS, LOAN OFFICERS NOW DANCING “THE MODIFICATION MAMBO”, UNDERSTAND THAT THESE LENDERS SERVICERS ARE UP TO NO GOOD, IT IS GENERALLY TOO LATE FOR THE CONSUMER.

    THESE LENDERS FEAR THE COURT ROOM, THEIR ARGUMENTS ARE VOID, MOST PEOPLE I TALK TO WANT “JUSTICE”.

    LET US SEE HOW MANY PEOPLE WILL QUALIFY FOR MODIFICATIONS, AND THEN GET LAID OFF THE NEXT DAY. WHEN THEY COULD HAVE BEEN TO COURT AND BACK SHOWING THESE LENDERS HAVE NO OWNERSHIP RIGHTS ON THEIR ALLEGED NOTES. THAT THERE IS A TRAIL OF FRAUD AND THAT INSTEAD OF MAKING A BUNDLE THESE PEOPLE ARE SETTLING FOR AN EASY COUPLE OF THOUSAND DOLLARS, JUST LIKE THE BANKRUPTCY ATTORNEY CROWD, DROP THE CHAPTER SEVEN BOMB AND NO ONE GETS HURT.

    I CANNOT UNDERSTAND SOME OF THESE GUYS SPENT UP TO $70,000 IN LAW SCHOOL AND THEY ALL SETTLE FOR LESS.

    I BELIEVE I HEARD SOME ONE SAY IN A PARTICULAR SEMINAR “WIN AT THE BEGINNING OR LOSE AT THE END”.

    I WISH WE COULD CLONE THIS GUY, ANY CLONING SCIENTISTS LOSING THEIR HOME????

  338. usedkarguy, on January 29, 2009 at 10:50 pm said:

    Martin, it took me ten months of NOT MAKING PAYMENTS to get Wells Fargo to refer the case to local counsel and only THEN did I learn the name of the trust the loan was assigned to. I had been offered loan modifications and defaulted because the payments were higher than the scheduled payments were. But, I never signed their loan mod agreements. When I started demanding to know who owned the note, no one would tell me, and they would bounce me to a phone loop. This went on for months. ASC is really Wells Fargo’s “special servicing unit”. Start fighting! Lots of California info on this website. Read up, LEARN, understand, and Fight.

  339. Martin, on January 29, 2009 at 6:36 am said:

    Help !!!!

    So, I lost my job 2yrs ago and spent my entire savings on keeping up with the mortgage co (ASC) I called them to request a loan modification for over 4 months now and nothing. I am now 3 months late on the mortgage and all ASC tells me is that the investers will not accept a loan modification, I would like to know who owns my loan so that I can deal with them directly. I have tried to get this info from ASC and once again nothing….. I live in California and now I would like to ask ASC to provide me with proof they own the note or provide who owns the note.

    Can anyone provide me with any info or what I should do next.

  340. Patricia, on January 28, 2009 at 10:28 pm said:

    I live in Texas and my home was awarded to me through a divorce settlement last June. When i took over the property, I assumed (since he was ordered in court to have house current in taxes and payments) that all was in order. 2 months later I discovered the home was going into foreclosure due to non payment ( he was 4 months behind). I explained and faxed the mortgage servicing company a copy of decree and they said I had to pay up since they were drawing up foreclosure paperwork. Well, I had to pay the 4 months i was behind and then they added to my note $14,000 for escrows and taxes and what not. I had to pay this in installments since I was financially depleted. Well, I thought i was being smart and paying in advance so in my accounts I was paid up until December. Mid December they contact me and say your account is (AGAIN) Foreclosure for nonpayment. They said I HAD TO BE GIVING EACH MOnth a payment and that in December I had not. So again, Jan 09 they sent me another loan modification and installment paperwork and no one seemed to have the previous paperwork i had faxedin. Well now my mortgage payments have gone up $600 and I am barley making it. I explained this to them and they said it wasnt’ their fault i was deliquent. WOW talk about helping you out. They said maybe after 3 months i would qualify for refinance to lower my payments. IS THERE ANYTHING I CAN DO?????? please help.

    Lost in Texas

  341. june dentley, on January 28, 2009 at 7:23 pm said:

    thank you

  342. june dentley, on January 28, 2009 at 7:22 pm said:

    i need help on my foreclosure.

  343. dny, on January 28, 2009 at 6:47 pm said:

    To M Linton, 1/16/2009 10:49pm:

    Thank you for the links. Do you happen to know what the disposition is of those two cases (Lombard in Alabama and Delia in Florida)? Were they successful arguments? Or “successful” as defined by the homeowners in these cases? Thanks in advance.

  344. LH, on January 28, 2009 at 5:49 pm said:

    Hello…recently we received a validation of debt from “Wamu”/JPMorgan Chase on the foreclosure loan. And no complete response to the QWR.

    In the validation of debt they state the following:

    As you may know, on Sept. 25, 2008, Wamu, the servicer of your loan, was closed by the Office of thrift supervision and the fdic was named receiver. Upon closure, JPMorgan Chase bank, National Association (JPMOrgan Chase) acquired certain assets of Wamu from the FDIC, including the right to service your loan. Although JPMorgan chase is now the servicer of your loan, your loan will be serviced by JPmorgan chase under the name of Wamu for now.

    Because your loan was in default on Sept 25, 2008, ant the servicing of your loan was transferred to a new servicer, we are required by the federal fair debt collection practices act to send you the enclosed “debt validation notice”. Please review it carefully…..

    They state to respond within 30 days of receipt. What should the response be specially when they were sent a QWR and their attorney sent us response to the QWR with a “complicated payment history copy” and a copy of the adjustable rate note (decmagic eforms copy) when the lawsuit states in section 2 that they DO NOT have the note… and we were not notified that they had “found it” … (don’t know if they have the “original” but they sent one which is a digitalized copy from these digital scanning services)

    So… again, what and how should the response be on this debt validation notice
    Thanks.

    L. H.

    P.S. What is the contact info of the crime investigations guy in sofla. Thanks

  345. ny, on January 28, 2009 at 5:36 pm said:

    Mr. Garfield in on this:

    http://www.msnbc.msn.com/id/28877173/

  346. Krissy, on January 23, 2009 at 10:34 pm said:

    HUGE PROBLEMS with texas-based firm Barrett Burke Wilson Castle daffin & Frappier… along with Chase bank. Foreclosed before sending RI (requested 20+ days ahead of time) Chase told us the loan was in research then they sold it anyway. We had no idea until the day after it was sold when it was even selling…. NEED URGENT HELP IN TEXAS!!!

  347. mike linton, on January 16, 2009 at 10:49 pm said:

    emergency order to vacate judgment and maybe a counter-claim?
    forward these 2 links to your attorney
    http://livinglies.files.wordpress.com/2008/07/alabama-slander-of-title-etc-amendedcomplaint.pdf
    http://livinglies.files.wordpress.com/2008/08/delia-frclsrmotionvacatejudgmentv1.pdf

    Litton Loan is a servicer – who is the Lender?
    Cut and paste this and send it to your attorney and see what he thinks about filing this:

    *

    I just filed this today in Illinois:

    PLAINTIFFS NOTICE OF RECISSION OF MORTGAGE

    TO EACH DEFENDANT:
    1. As a result of the Defendants violation of the Truth-In-Lending Act as stated in the complaint, the Plaintiffs Michael R. Linton and Peggy M. Linton hereby exercise their extended right of rescission and therefore demand rescission according to 15 USC §1635(f); Reg Z §§226.15(a)(3), 226.23(a)(3). Liability for violating TILA runs to the lender. Once the loan is sold, the liability, as related to rescission, extends to the assignee as well. 15 USC §1641(c). The regulations set up a three-step process to rescind a loan.
    1.1. First, the borrower must notify the lender, in writing, of the cancellation of the loan. While the notice must be in writing, it can be transmitted by mail, telegram, or other means. Reg Z §§226.15(a)(2), 226.23(a)(2).
    1.2. Once the loan is rescinded, the security interest or lien becomes automatically void, by operation of law. 15 USC §1635(b); Reg Z §§226.15(d)(1), 226.23(d)(1). The note also is voided. The lender’s interest in the property is “automatically negated, regardless of its status and whether or not it was recorded or perfected.” Official Staff Commentary §§226.15(d)(1)–1, 226.23(d)(1)–1.
    1.3. Within 20 days of receipt of the notice of cancellation, the lender must return to the borrower any money or property that has been given to anyone in connection with the loan. 15 USC §1635(b); Reg Z §§226.15(d)(2), 226.23(d)(2). The lender must also take steps to reflect that the security interest has terminated.
    Failure to respond to the rescission notice as spelled out above results in another violation and an addition award of statutory damages. White v. WMC Mortgage, 2001 U.S. Dist. LEXIS 15907, at * 5 (E.D. Pa. July 31, 2001); Mayfield v. Vanguard Savings & Loan, 710 F. Supp. 143, 145 (E.D. Pa. 1989).
    Liability for TILA claims for monetary damages runs against assignees where the violation is apparent on the face of the loan documents. 15 U.S.C. § 1641(a).
    Statute of Limitations
    • 1 year for affirmative claims. 15 U.S.C. § 1640(e);
    • 3 years for rescission. Beach v. Ocwen, 523 U.S. 410 (1998);
    • Unlimited as a defense to foreclosure in the nature of a recoupment or setoff. 735 ILCS 5/13-207. Bank of New York v. Heath, 2001 WL 1771825, at *1 (Ill. Cir. Oct. 26, 2001).
    Prepared and submitted by:
    _____________________________________________
    Michael R. Linton / PRO SE Plaintiff
    Peggy M. Linton / PRO SE Plaintiff

  348. Philip, on January 16, 2009 at 9:57 pm said:

    ok i sent litton that extended rescission for judicial review notice off the forms page & thier response was “we’re unable to refer the loan to loss mit.” they have a sale date set for march third, the substitution trustee affidavit wasnt’t signed, my attorny is asking me what should we do?!? much help would be appreciated email me with any thoughts please
    pippy52@verizon.net

  349. Mike Linton, on January 15, 2009 at 10:08 pm said:

    oh, by the way, I did get the keys back for the rental property above. I just want to swing a right hook into their jaw. I sent this letter shortly after they changed the locks:

    Florida Default Group / Christina Riley
    Attorneys For DLJ Mortgage Capital, Inc.
    Attorneys At Law
    9119 Corporate Lake Dr. 3rd Floor
    Tampa, FL 33634
    VIA FACSIMILE (813) 251-1541 and US MAIL

    Select Portfolio Services
    3815 Southwest Temple
    Salt Lake City, UT 84115
    VIA FACSIMILE (801) 269-4405 and US MAIL

    Lender Processing Services
    601 Riverside Avenue
    Jacksonville, FL 32204
    VIA FACSIMILE (904) 854-4124 and US MAIL

    Re: DLJ Mortgage Capital, Inc. vs. Peggy M. Linton et al
    Property Address:
    Case Number
    File Number

    Dear Ms. Riley,

    This letter is being provided to you, Florida Default Group Attorneys at Law, and your client DLJ Mortgage Capital, Inc. as a formal demand to return the keys to the above mentioned property. A copy of this letter has been mailed to the Honorable Judge Richard S. Graham, The Florida Attorney Generals Office, The Florida Bar Association and The Department of Justice.

    On or about November 11, 2008 your client or an agent for your client entered the property located at xxxxxxxx, Florida without permission and/or notice and changed the locks, thereby illegally seizing the property. This was not discovered until the new property manager was meeting a painter for an estimate. A new tenant is scheduled to move in December 1, 2008.

    Let me remind you and your client that this matter is still in litigation and your client does not have title to the property. Therefore please accept this letter as demand for possession and have your client overnight the keys to the following address:

    xxxxxxxx

    If possession is not returned by 5:00 PM Eastern Time, Friday November 21, 2008, a police report will be filed and criminal charges will be filed in the proper courts.

    Let me further remind you that we are investigating this file for Truth-In-Lending Violations, Usury, Security Violations, Common Law Fraud, Little FTC Act Violations, RESPA Violations, Florida State Law and RICO.

    YOUR CLIENT’S CONDUCT CONSTITUES CRIMINAL THEFT AND CIVIL THEFT OF THE REAL PROPERTY

    PLEASE GOVERN YOURSELF ACCORDINGLY

    Sincerely,

    Michael R. Linton
    PRO SE Defendant

  350. Mike Linton, on January 15, 2009 at 10:01 pm said:

    can someone help me complete a “Motion For Sanctions” It’s in Florida. Here is what I have so far:

    MOTION FOR SANCTIONS FOR ILLEGAL TRESPASS
    Defendants Peggy M. Linton and Michael R. Linton requests this Court to enter an Order of Sanctions against Plaintiff, and as grounds for same states:
    1. On or about November 11, 2008 Plaintiffs, DLJ Mortgage Capital and/or an agent for plaintiff unlawfully entered the property located at xxxx., xxx, Florida without permission and/or notice and changed the locks, thereby illegally seizing the property.
    2. As a result of the said trespass the Defendants, Peggy and Michael Linton, have been deprived of the peaceful enjoyment of their property.

  351. gump59, on January 10, 2009 at 2:35 am said:

    I did get ahold of Emmit Robinson and have retained his services. I am very impressed with how dedicated he is to helping the little guy, he genuinely cares. It is an uphill battle in VA though, so I am tempering my expectations.

    If anybody else out there has experience in VA they can share I would appreciate it.

  352. gump59, on January 7, 2009 at 2:15 pm said:

    I sent in contact info via email to Emmit Robinson 12/19 and also via his web site with no response yet. I will also try Chris Brown.

  353. livinglies, on January 7, 2009 at 6:02 am said:

    you need to contact lawyers Chris Brown or Emmit Robinson, their info is on the list of “Lawyers that get it” on the blog site

  354. gump59, on January 6, 2009 at 9:28 pm said:

    I am having difficulties finding a lawyer in northern VA and am considering giving it a shot pro se. As VA is a non-judicial state, I need info on how to try to force them to switch it to judicial. Anybody have some form of explicit and detailed “howto” resource on this?

  355. Larry Kudla, on January 6, 2009 at 1:53 am said:

    Neil, do you have an case history of BK filing using the defense of unsecured status for the lender? If so can you send me the reference?

  356. Ny, on January 4, 2009 at 8:10 pm said:

    Don’t give up (that’s what they want you to do) motion the court to compel discovery and as Mr. Garfield says: As soon as they start stonewalling on discovery then ask for dismissal/.

  357. Martin, on January 3, 2009 at 7:07 pm said:

    Hi guys,
    Great forum on here!
    I have just received the Discovery documents from the Plaintiff Countrywide. I requested almost everything you can think of, including the securitization paperwork regarding the sale of the loan from MERS to Countrywide. The plaintiff’s lawyer objected to providing this info based on it being too burdensome and irrelevant to my case? I wonder if I should file for dismissal or just try to get a loan modification. BOA has gone public with a new modification program and I should qualify.
    What are my chances of getting this dismissed based on a broken chain of title or at least an unproven chain of title?
    Thanks!

  358. David M. Sostchin, on January 3, 2009 at 5:35 am said:

    I am a pragmatic person and even though I do not believe that holding a note alone does not establish ownership in due course, the courts in Florida take the position that he who hold a note with a blanket endorsement even undated owns the note. Without evidence as to who signed the endorsement, the date of the endorsement or even the validity of the endorsement.
    I have taken the deposition of a bank officer who admitted that the note the purport to own is not owned by them and that they are only the servicing agents for the entity that owns it who they can not even name.
    So, a motion to deny final summary judgment should hold in most cases pending taking the deposition of a bank officer or a trial at which time it can be established whether the Plaintiff is the proper party in interest. I am on to something?

  359. TA Webster, on December 27, 2008 at 4:51 am said:

    Hi – I lost a 20 year career in land development in Florida and am now (to top things off) going through a divorce. My wife’s is named solely on the Mortgage and we both are listed on the Deed.

    My question is this – will I lose any right(s) to fight the foreclosure after our divorce is final – should I try to stall our divorce? She quit her job and abandoned our marital home.

    Any help would be greatly appreciated! I would like to try and get the lender to cancel the loan due to fraud and racketeering – 80/20 Loan with JPM Chase on the first and JPM Chase on the second via acquisition of Bear Stearns (EMC Mortgage).

    Thanks!!!!

    TA Webster
    Melbourne, FL
    http://tawebster.spaces.live.com
    twebster321@hotmail.com

  360. Ny, on December 23, 2008 at 10:05 pm said:

    Does any one know the rule for co-counsels in Florida? I just got a request from a totally different law firm than the one on record claiming to be co-counsel. Do they have to file a notice of intervention? thanks.

  361. Ny, on December 18, 2008 at 1:19 pm said:

    In re: (i) the Trustee shall be under no obligation to exercise any of the
    trusts, rights or powers vested in it by this Agreement or to institute, conduct
    or defend any litigation hereunder or in relation hereto at the request, order
    or direction of any of the Certificateholders, pursuant to this Agreement,
    unless such Certificateholders shall have offered to the Trustee reasonable
    security or indemnity satisfactory to the Trustee against the costs, expenses
    and liabilities which may be incurred therein or thereby

    Every Deutsche Bank National Trusts Pooling and Servicing Agreements have this included.

  362. Ny, on December 18, 2008 at 2:45 am said:

    what’s the rule if you get suit and the legal description of the property they claim on the summons do not exist? Thanks

  363. Allan (FLORIDA: What Is Time Frame In Which To Object to Substitute Note Or Anything?), on December 16, 2008 at 9:40 am said:

    RE: “Booker T. Perry and Betty J. Perry v. Fairbanks Capital Corp., Et Al.

    In this case the Perry’s lost the case in a technicality. Please google case and study it. Do Not make the same mistake. The Perry’s failed to OBJECT to a note provided to them by the attorneys and the court admitted it.”

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    I found fault with note as well allonge submitted, without making a formal OBJECTION to them because I had just propounded a massive discovery request on plaintiff trustee.

    What is the TIME LIMIT in Florida in which to OBJECT to submissions and not run the risk of repeating the Perrys mistake?

    RSVP
    Allan
    BeMoved@AOL.com

  364. Allan (in answer to Ny's query), on December 16, 2008 at 2:53 am said:

    To this layman the passage primarily suggests/recommends to the Trustee “let sleeping dogs lie,” or don’t let any Certificateholder “stir up a hornets nest,” lest the Certificateholder guarantee the Trust that no way will it be on the hook for any blowback.

    I take it literally to mean the Trustee is NOT REQUIRED to use any of the powers given it to undertake anything on behalf of a Certificateholder unless that Certificateholder first protects the Trust from the downside of any action the Certificateholder initiates or by response invites.

    What intrigues me here is, what happens when a Certificateholder is named as a John Doe defendant? Is the Certificateholder in this scheme under a duty to defend, or does that function get passed on to an insurer, or other party?

    RSVP
    Allan
    BeMoved@AOL.com

  365. Ny, on December 15, 2008 at 10:41 pm said:

    Can some one please explain what this means:

    (i) the Trustee shall be under no obligation to exercise any of the
    trusts, rights or powers vested in it by this Agreement or to institute, conduct
    or defend any litigation hereunder or in relation hereto at the request, order
    or direction of any of the Certificateholders, pursuant to this Agreement,
    unless such Certificateholders shall have offered to the Trustee reasonable
    security or indemnity satisfactory to the Trustee against the costs, expenses
    and liabilities which may be incurred therein or thereby

  366. Ny, on December 15, 2008 at 9:11 pm said:

    Hi, Does anyone know the procedure for requesting a hearing in court in Florida? Thanks

  367. Dan, on December 11, 2008 at 3:28 am said:

    Hector,
    Contact http://www.borrowerhotline.com – I believe they have stopped eviction after sales.

    They are very easy and informative to talk with.

    You really need to talk with an attorney – they can probably help you and/or refer you to an attorney.

    Dan Edstrom
    dmedstrom@hotmail.com

  368. Ny, on December 10, 2008 at 8:39 pm said:

    never mind. i answered my own question.

  369. Ny, on December 10, 2008 at 6:39 pm said:

    Can anyone explain how one can request a transfer of case being heard in Circuit Court over to a Federal District Court. i have a fraud, RICO and others, counterclaim. Thanks

  370. Looking for Orlando FL Lawyer, on December 10, 2008 at 4:04 pm said:

    Has anyone found a good Attorney in Orlando yet?

  371. Martin, on December 8, 2008 at 6:56 pm said:

    I need a motion to dismiss form for the state of Florida.

    Thanks,

    ML

  372. Hector Orona, on December 8, 2008 at 4:09 pm said:

    well i can see that all of this info is really usefull but also very confusing. my home has gone back to the lender after the auction sale and now it’s going to the marshall’s office for eviction.I want to do something pro se but it’s just all so confusing.I have two small children and i don’t want to lose our home.Can someone please guide me to someone in california. have very little time left. thank you
    (626)488-6652

  373. Beverly, on November 26, 2008 at 3:05 pm said:

    Is there really a recourse for homeowners that have already lost their homes through foreclosure? Are banks (citicorp) really encouraging people for modification?
    A property has just been bought back by citicorp but still accepted an application for modification from the borrower. Now does this work?
    Any lawyers in los angeles area that has full knowledge of foreclosure defense process?

  374. Mario kenny, on November 15, 2008 at 1:07 am said:

    Mike,

    The one that was provided by Alan was the best.Works everywhere

  375. mike linton, on November 14, 2008 at 8:39 pm said:

    I have seen a couple of the “Cancel The Loan “Letters floating around – is there one that work