13 Responses

  1. Interestingly it looks like most mortgages and underlaying notes are not collectable since they have been converted into other Products and are in most cases 4 to 5 Places away from the servicer in chain of title. The law allows the beneficial owner to foreclose or it’s agent. That means that the moving party can’t be a third Party or anything past that. A close look at any note will show that almost every servicer is more than an agent status away in the chain of ownership.

  2. Not sure this is in the right place but,,,

    Does anyone know of a case allowing the use of SKYPE for presenting evidence in a foreclosure case in a County, State or BK court? I have found the following but they don’t specifically state any cases where SKYPE was allowed.

    Most state and fed courts demand “Proof in Person” for evidence such as expert witnesses.

    Heres a judge that allowed the technology, even though the state constitution states in person only.
    The court or state should not make a difference.
    Ga. Judge Allows Witness to Testify via Skype
    Prosecutor fought new use of internet service, citing concerns with confrontation clause, but judge hopes to start a trend
    http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202482417383&slreturn=1

    Heres one that the judge is “Ordering” the use of Skype
    The Use of Skype Ordered in Family Court
    http://knowledgebase.findlaw.com/kb/2010/Oct/179058.html

    BK Courts are using Telephone Conferencing why not Skype?
    Police Using Skype To Get Warrants While At A Crime Scene – from the virtual-courtroom dept

    “It’s like a virtual office and courtroom.” So will other court functions start taking place this way soon as well? Who needs to sit around a courtroom for a trial when everyone can just login via Skype? Of course, you could (quite reasonably) argue that this is really no different than just using a phone to do the same thing…
    http://www.techdirt.com/articles/20110330/02461013692/police-using-skype-to-get-warrants-while-crime-scene.shtml

    The road to a virtual courtroom.
    http://www.legaltechcenter.net/media/articles/virtual.pdf

    I know this is a college setup completed in 2002, but I’ll bet the courts in AZ are using it now..
    THE COURTROOM OF THE FUTURE PROJECT
    http://www.law.arizona.edu/it/court/courtrm.html

  3. In case of mary she can go in district court and take the compensation according to sec.56 Indian contract act beacuse in this case bank unable to prove, it means that bank know verywell abuot that matter.

  4. In case of rob evidence act will not apply ,he can not give any evidence beacuse affidavit depand on his personal information .These information prove itself by his status. respected sir this is my first attempt if something is wrong please tall me beacuse this is my learning age.I hope so

  5. I have an active Congressional Inquiry since 1/20/2009 wtih OCC #854370 and the OCC lacks authority to adjudicate the matters

    Wells Fargo Bank NA is an enemy of our nation and created the supply chain to enable financial giatns to reengineer members’ roles and responsiblities inside Agreements, Exhibits, generla purpsoe corporations, existing 10K’s and more.

    In secret, Wells Fargo Bank NA closes consumer mortgages as the real estate companies who are the actual commercial clinets of Wells Fargo. See SEC Agreements follow Cendant + Title Resource Group (TRG) + Cartus + Domus – then in June 2006 Realogy + TRG + Apollo conjoined with Wells Fargo Bank NA Trustee and Wells Fargo & Co parent of TRG. For real. TRG opr Relate dFinancial worldwde organization.

    Conspiracy using general purpose corporations with Leham Brothers when Wells Farog Home Mortgage loan originaton for refinancig they moved (3) days prior currency into Treasury of Wells Fargo Securities LLC which does not report federal income taxes and SASCO NIM NYS entiteis are recorded as Jurisidiction Cayman Islands and for 93 days Lehman’s servicing company Aurora Loan Servicing the Custodian not Wells. I’ve reported to FBI, OCC, SEC, FTC, FCC, IRS, Treasury, Federal Reserve Board, President Wells Fargo is an enency of the nation and Trojan Horse and vehicle used to control the mortgage industry inside US.

    Wells Fargo is not an American company rather the organization was designed to appear American but 11/1998 private funding from HSBC Ultimate parent in China responsible for Jerboa Funding which became in 2007 Thirty-Eight-hunded Fund CEO Joseph York for the acquistions, mergers in which Star Bank and Firstar and US Bank National Association and Norwest and WFC have by vertical integration incest relationships in whihc you’ll find clearly US Bank National Association a priave bank is Trustee and Lehamn Brothers and Aurora Loan Servicing and Strucutred Asset Securiteis Corp are in a conspiracy worthy of a criminalo investigation for moving trillions of dollars withotu paying taxes to the federla and many states of the USA.

  6. If you are curious,
    just follow this link
    http://www.scribd.com/doc/28365655
    to read what happened to Catherine as Pro Per litigant in her
    jury trial against her and her 87-year-old mother’s eviction from her home of 58 years.
    FYI
    the court denied all Catherine’s supporting evidence and only allowed plaintiff’s evidence.
    The court disallowed the defendant’s jury instruction
    as per the TILA
    Plaintiff’s evidence
    1. the 3 day notice
    2.the eviction notice
    3. The Trust Deed Sale Document
    this left the defendant with only her opening statement and closing statement to support her case.
    The jury was instructed not to regard these statements as evidence.

  7. Regarding affidavits:
    Challenge everything!

    The proper function of an affidavit is to state facts, not conclusions, ¹ and affidavits that merely state conclusions rather than facts are insufficient. ² An affidavit must set forth facts and show affirmatively how the affiant obtained personal knowledge of those facts. ³

    Furthermore, “it has been said that personal knowledge of facts asserted in an affidavit is not presumed from the mere positive averment of facts, but rather, a court should be shown how the affiant knew or could have known such facts, and, if there is no evidence from which the inference of personal knowledge can be drawn, then it is presumed that from which the inference of personal knowledge can be drawn, then it is presumed that such does not exist.”
    ____________________________________________________________________________
    ¹ Lindley v. Midwest Pulmonary Consultants, P.C., 55 S.W.3d 906 (Mo. Ct. App. W.D. 2001).
    ² Jaime v. St. Joseph Hosp. Foundation, 853 S.W.2d 604 (Tex. App. Houston 1st Dist. 1993).
    ³ M.G.M. Grand Hotel, Inc. v. Castro, 8 S.W.3d 403 (Tex. App. Corpus Chrisit 1999).

  8. Does anyone know where I can download TILA jury instructions, and a Special Verdict form????
    I am in pro per, and i just left my ex-parte hearing for my preliminary injunction motion against the fraudulent conveyance of my title by my mortgage by loan service provider Select Portfolio Servicing, to investor MTGLQ. The judge ruled the my over 16, Notices of Qualified Mortgage Loan Rescission, deliverd on the basis of more than 21 seperate Truth In Lending violations, mailed to Select Portfolio Servicing as the only agent availalbe representing the holders of the multiple pass through certificates that comprize my lender, are not admisable for judicial notice as evidence, the letters they wrote back intentionally misleading me are also apparently not evidence, which to me means, I must set my case for jury trial. ( MTGLQ Investors, puportedly sold my real property to themselves at auction for $500,000, when the standing trustee’s final chapter 13 final report, values my property at 2,900,000, oh yea the standing trustee’s final chapter 13 final report is also not admissable as evidence. ) On the upside I just got my eviction dismissed , because I asked for a jury, so I guess I must do this with my case against Select.
    I have no operating capital ……..so I am proceeding In Per Per.
    Catherine Bryan
    3745 Adams Street
    Carlsbad Ca. 92008
    koldesigns@yahoo.com

    I have been litigating against Select Portfolio Servicing aka Fairbanks Capital for over a year, and at least I am still in possession of the house. I would be happy to share my pleading (email atrtachments) with anyone who is interested.

  9. I have some questions to a settlement agreement that the Lender violated. This site helped save my folks estate when I had to represent pro se. I did well and they were ordered to facilitation where we had a settlement agreement as well as a confidential agreement as I found many wrongs that they were unable to prove.
    Now that the bank has breach the contract and I have to now go back to District Court as they say they will now start foreclosure proceedings again……I would like to know if this site still has suggestions or any other ways I can propose the situation and get some advice.

  10. thanks.

  11. ny— suing the bar is waste of time no matter how right you are

  12. can the Bar also be include as a defendant? Since lawyers is Florida are not required to have malpractice and errors and ommissions insurance, the BAR is supposed to answer for these people, can one sue the BAR as well?

  13. Hi Neil, Happy New Years and thanks for keeping the good works up! Well, lets kick this off with the disgusting MBA opposition papers to the Obama proposed legislation, Stop Fraud Act! First of all too, lets commend Governor O’Malley for criminalizing mortgage fraud in Maryland on 11/2008, hats off to this wonderful governor and, a word of caution to those scummy lenders, servicers and their lawyers who are committing or furthering mortgage fraud when filing fraudulent foreclosures based on forged loan documents, this could land you 30 years in prison!

    Now back to kicking this blog off, True to form, the Mortgage Banking Association continues to fight legislation that would make every professional perform their job honestly, openly and dutifully as they should do to start had regulators and scummy MBA been doing anything other then enabling the continued theft of consumers homes with their assistance!

    This legislation should pass as it would retire the crooks and thieves and empower the injured consumers with absolute and total recourse no matter how many times the bankers pay the judges and the consumers lawyers to look the other way and take a dive for the banks because it is just easy money and faster!

    According to my interpretation of this proposed legislation, everyone and anyone involved in assisting a fraudulent action would be subject to this law including Judges, trustees, and the banks lawyers for bringing fraudulent foreclosure actions or malicious actions of defense once a consumer does get the case before a court and anyone who has continued, aided and abetted in the fraudulent extortion and theft of the consumers money, equity and homes!

    While I am not a lawyer, I have been forced to become intimate with these laws stemming from the depth and egregious acts of fraud taken against my credit and home devoid of justified and legal cause!

    We were forced into bankruptcy and the lenders “BK Club” wherein the lenders judge presided over our case aiding and abetting scummy CitiMortgage and Lehman in the attempted theft of our home. Moreover, we had 3 lawyers who all defected and worked both sides of the case but were poised to facilitate further the stealing of our home! Thankfully, we recognized there was something wrong with the lawyers inactions and discovered all three of these corrupt lawyers were lending conduits for Lehman and his scummy club! Under this proposed legislation, I have interpreted the legislation to suggest these jerks, the judge who aided, the DOJ Trutee who aided, the banks lawyers and our lawyers would be subjected to this legislation! Powerful stuff for the consumer and the banks!

    The MBA is truly trying to shield these crooks from is that the consumers rights would continue EVEN IF THEY HAVE FAILED IN SUBSEQUENT ACTIONS AND A RES JUDICATA FINDING HAS BEEN MADE, THE CONSUMER WOULD NOT BE BARRED OR SHUT OUT FROM RE-ALLEGING THE FRAUD ALLEGATIONS AGAIN, NICE STUFF BUT OUCH FOR THE SCUMMY BANKS AND THEIR CLAN AND MBA!

    The scummy MBA needs to exported, along with Lehman, CitiMortgage, Aurora Loan Services, Wells Fargo, Wachovia, J.P. Morgan, to their own special island of hell! Hell is the anguish these greedy sobs have caused every consumer who has been defrauded such as we have, wherein it was “the scheme from the start to foreclose”! The reason, this is the only way to cleans the deed of their fraudulent acts of forgery, extortion and theft! Lehman, CitiMortgage, Aurora Loan Services, Wells Fargo, stole from us and brought fraudulent foreclosure action against our property devoid of legal standing and ANY DELINQUENCY EVER!

    I pray Obama stands behind this legislation because then consumers will have the right to sue for even a small illegal fee! This would put a stop very fast to the unfettered fraud that is playing out in courts all across our nation with the aid of those corrupt judges! In fact I believe, those judges could also be sued for ignoring the law and facilitating the frauds furtherance and, looks like they would also be on notice according to how the law has been drafted!

    Amazing, the scummy MBA was only concerned about the consumer’s rights to bring their private cause of action should the Stop Fraud Act be signed into law however; they fail to mention that the banks too will also be empowered with the same rights to pursue consumers for the purported Mortgage Frauds they have purportedly suffered during the mortgage crisis, (I do not believe for one moment these pigs were defrauded by consumers! Maybe, consumer criminals but not your average person who financed during 2003-2008).

    Now, one may only look at the MBA response to know what they are really saying, i.e., “No, you cant give consumers such a power because we would be stopped from committing unfettered acts of fraud against the helpless consumers”! This is what they are really saying, please read MBA paper and I dare everyone to boycott these scum bags, MBA, and their propaganda and assertions!

    These people, MBA, are like the mafia for scummy lenders like, Lehman, CitiMortgage, Aurora Loan Services, and Wells Fargo!

    Neil, while I am on a roll here, I must share with you and your readers how disappointed I was to receive a copy of an Audit that was performed for a friend! The auditor, for who I will not mention, was referred by me from this web page, though this auditor is no longer a contributor on your blog, to a poor consumer who has endured mortgage fraud, extortion and appraisal fraud by his lender. I was horrified to discover this poor consumer was charged almost double what the auditor normally charges to start, then, I was even more horrified to discover that after my friend had paid sum $ 2000.00, the auditor did not verify the numbers in the Federal box, i.e., the APR, WHAT THE COST OF LOAN IS UPON COMPLETE PAYMENT, VERIFY AND ADDRESS THE FACT THE BALANCE ON WHICH THE LOAN WAS MADE OR THE AMOUNT LENT TO THE CONSUMER WAS WRONG, THE PAYMENTS AND SCHEDULES WERE WRONG AND SO FORTH!

    Having been defrauded by legal and banking industry professionals, I find this particularly egregious and amounts to nothing more than more consumer rape! This poor man has been screwed over by my referral! The auditor only addressed the obvious HUD-1 lines 800 thru 1000! That was it for
    $ 2000.00 clams a rip off as far as I am concerned! This is not rocket science and consumers, if they read the law and read how the HUD-1 and closing document work, can perform their own audits! It may take them time but they can learn just as we have learned and, if they want help learning they may email me, timcotten@mris.com, and I will be happy to share what we have learned and to help them navigate thru the GFE, NORTC, HUD-1 & FTIL disclosures!

    The tragedy of this whole audit scam is this continues to bilk the already stressed consumer extracting and extorting monies they simply do not have and, most of these consumers, just as we have, have already lost so much that I find this particularly heinous as an organization that is supposed to be there to empower consumers, is abusing them with outrageous and excessive charging of fees with no real return or benefit to the consumer! Moreover, competent counsel retained by the consumer is going to be paid to discover and identify the consumers causes of action which is why the lawyer is getting paid such high fees to begin with, and boy, are these fees high! The other thing I found egregious is that the auditor did not specify the particular laws that were violated under 1602/1635,1639 & 1640 of TILA! So, the consumer has no tools whatsoever to do anything with and has, as far as I can discern, thrown his money down the toilet and been bilked!

    I am also concerned about lawyers taking consumers down the HOEPA road when this is a newer and unproven law with little case law to support it! As is the case with any new law, it takes consumer years, upon years to obtain vindication!

    I am having a hard time understanding Why, lawyers are not using TILA extended right to rescind laws! HOEPA has only been around since 1995 vs. TILA has been around for years and, (I believe the 70’s without checking), but has tones of case law in support of material disclosure violations!

    This HOEPA trend is very troubling to me as it just looks like more consumer bilking when all the lawyer has to really do is here is his job and file the extended right of rescission complaints vs. HOEPA!

    The other problem with the HOEPA approach is that Judges despise this law and treat it like a case of buyers remorse therefore causing a complete up hill battle for the poor consumer and a very, very, very expensive up hill battle at that! Whereas, a TILA extended right to rescind complaint drafted by an honest, ethical lawyer who really is vested in litigating the consumer case, can take the wind right out of the defendants sail as material violations are very, very, very compelling violations and irrefutably entitle the consumer to redress!

    Most TIL material disclosure violation complaints that I have seen successfully drafted, easily survive the motion to dismiss and, in fact, when laid out correctly, the defendants/banks runs into the consumer lawyers arms fast with offers to settle!

    I am very troubled with this emerging and excessive use of HOEPA filings by lawyers as this just looks like another payday for the lawyer and a loss for the consumer!

    My research has revealed, most HOEPA complaints do not survive Mot to Dismiss and is nothing short of more extortion wrought on the poor, unsuspecting consumer! I know, we are changing our lawsuit back to the TILA Violations as my research into this has reveled that Judges spit on consumers and distain the purported buyers remorse assertions but, this is another awful trend emerging from all of this!

    Why on earth, would HOEPA be used when, as in our case, the consumer was openly defrauded and Material Disclosures were not received and loan documents were forged?

    In such and instance as ours, I see no compelling reason for any lawyer to expose the poor consumer to this last alternative cause of action because they more then not, the consumers HOEPA will not survive the motion to dismiss because the snarling, biased judge, as in our case, will pander to the bank and throw the consumer complaint out!

    After researching this law, I too am upset about my amended complaint which cites HOEPA and will be amending my complaint again and will be going back to my original causes of action that are TIL material disclosure violation and fraud!

    Tragically this lesson has now cost me ANOTHER FIVE THOUSAND DOLLARS AND I AM NO CLOSER TO ENDING THE FRAUDS COMMENCED AGAINST MY CREDIT AND HOME THEN I WAS IN SEPTEMBER!

    Worse yet, I am going to have to pay thousands of dollars to get the complaint amended back to the TIL material disclosure violations!

    I encourage savvy consumers who understand their causes of actions to MAKE SURE YOUR LAWYER FILES NOTHING UNTIL YOU APPROVE THE COMPLAINTS! I was not afforded this opportunity due to time constraints and the scummy judge who has already sided with the lender! So, looks like we will be another year fighting this crap!

    Well Neil, thanks for bringing us the news and your pearls of wisdom and for those of you who can afford to donate to this web site, please do! I cannot even afford to purchase teeth as I have been drained of every dime I have ever saved and just recently done out of another wasted 5000.00 in lawyers fees!

    Lastly, Bar Dates have been set in the Lehman Bankruptcy case that are, 1/30/2009 and 6/1/2009! If you have a claim against Lehman get your proof of claims filed this week! I would not wait here as they are going to be flogged to death as they justly deserve to be! Email me for more information regarding this at timcotten@mris.com, as I am happy to share with any pro se litigant what I can and what has worked for us! Best Regards to all and thanks Neil for providing this forum for us to gather, please donate to this web site as I will as soon as I can!

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