20 Responses

  1. I am requesting a review of my documents. I am in serious need of help.

  2. I’m in need of a clean exit on an underwater mortgage at 9.5 percent.
    Mortgage discharged in chapter 7 four years ago.
    Major players are Argent originated. Currently assigned to MERS with Chase as servicer.

  3. After finding this web page,I feel that I should of not asked for a modification, 12 times to be exact, if there anything I can do from this point on,
    Also the Attorney for BOAC asked for extra time to amend compliant, we were in court 2 weeks ago, they were denied, im green and really need some help.
    thanks Sue B

  4. Wells Fargo is attempting to foreclose on my home! They are merely in the process of obtaining my mortgage and in the process of formalizing assignment. Then, they base the amounts owed and agreement of mortgage on a loan mod agreement my co-owner had with Home Eq, from 2009 and with only the co-owners signature on it. I filed a motion for summary judgement base on the fact that Wells Fargo is not the real party of interest, violated TILA laws by not notifying me on the transfer of the mortgage (actually Ocwen hasn’t notified me either) and giving a loan mod without my signature or consent (so someone has an agreement only between they and my co-owner)…..they never responded to my motion for summary judgement…….9 months later, they file a motion for summary judgement and show as evidence fraudulent transfer documents between Wells Fargo and a bank who has not owned my mortgage since 2006! They filed these with the Recorder of Deeds of Montgomery County PA! They committed Fraud in order to obtain a judgement! Unbelievable!

  5. My bank is attempting to foreclose in December 2011, however I think I am prepared to fight. the issue is my attorney is not as confident as I am. Your correct we need more attorney’s that will be willing to fight to the end. Please email me if you have any advice..www.lynettesmyrealtor@yahoo.com

  6. R. Verastegui what’s sad is where are the Foreclosure Defense Attorneys?

    I get sick when I read stuff like this. First of all how can any Judge allow them to re-establish the missing note? You mentioned mortgage but I believe you meant note.

    I would think any Judge or any court would be committing a crime and be participating in Fraud. If you owed me $ 100,000.00 and I we went to Court and you told the Judge you lost the note and then asked the Judge to re-establish the note I bet the Judge would dismiss the case with Prejudice.

    How could any Judge take your word with no proof that I owe you $ 100,000.00? If that’s the case then I need to make up notes on everyone I know and take them to court and ask the Judge to re-establish the note these people owe me on.

    Also, they never signed the Note, again if I owed you $ 100,000.00 you would sign the note and so would I. This would show I owe you and agreed to pay you per the terms of the note. This would also provide proof that you loaned me the money. Why didn’t they sign the note?

    Maybe the PEOPLE need to learn how to file a UCC 1 against these Judges and Attorney or file some type of bond against them.

    If they do not have the NOTE they DO NOT HAVE LEGAL STANDING to CLOSE PERIOD. If Freddie Mac owns the mortgage then they must know where the note is, would you think? So if they own the Mortgage they also should have the note.

    If they don’t have the note then they cannot foreclose and neither can the alleged Service Provider. They need the Note to Foreclose on the property, the mortgage is the loan on the property and the property is the Equity secured by the Note. So you have 2 documents, the Note and the Mortgage.

    Without the note how can they foreclose? Where do they have Legal Standing to Foreclose of they don’t have the note?

    If the note was securitized and sold on Wall Street then the note was converted to a stock, then sold as shares to share holders, so if 50 different people now own those shares, that means they would own pieces of the note. Understand once the note was converted it CAN NEVER be CONVERTED back to a NOTE.

    Put an apple in a blender and you end up with apple juice, good luck trying to convert the apple juice back to an apple. My point is only the 50 share holders that have a piece of the note could pursue Foreclosure and only if all 50 of them got together and agreed to Foreclose. Only then would they have legal standing to Foreclose.

    Even it wasn’t sold on Wall Street, the note by law from my understanding get’s destroyed, therefore they can never produce the Original genuine signed note you signed with blue ink.

    Also don’t let any Judge tell you that copy is justifiable. You have the RIGHT to see the ORIGINAL NOTE and if any Judge allows a copy to be submitted in court personally I feel if this was allowed the Judge would be allowing a fake document in the courts putting the Judge and the Court in Contempt.

    According to UCC and Securities and Exchange allowing a Copy of the Note could be consider Fraud and something every Judge needs to recognize and understand that if there’s a COPY then there has to be an ORGINAIL… the question is “Where is it.”

    So don’t let any Judge try to tell you that a copy is OK, it’s NOT OK… you have a RIGHT TO SEE the ORGINAL.

    And don’t let any Judge or Attorney trick you by showing you a copy of the Note and asking you if that’s your signature, you might want to consider responding like others have by saying “It looks like a masterful forgery, I do not understand what this document is. Can you stipulate if this promissory note acts money or money equivalent used to give value to a bank check? Can you stipulate all the material facts that my alleged signature is validating as to the agreement. I do not understand in the agreement if I provide the capital or if the banker does to fund the check. I cannot testify if something is my signature if do not know what is agreed to in the alleged document.”

    The banks have secrets they have kept from the American people for years. One needs to understand that the Banks never loaned any of their own money… Google Modern Money Mechanics.

    The money was created by the signature on the Promissory note. Yes, your signature funded the loan, they never borrowed any one any of their own money. They created a Debt out of thin air and called it a loan, Google Jerome Daly or click here or copy and paste; http://educationcenter2000.com/legal/credit_river_decision.htm

    They received the money from the Federal Reserve Bank which was deposited into an escrow account which just paid off the alleged debt. Again, it was the signature on the promissory note that funded the alleged loan.

    So they have committed Fraud, they counterfeited money, they created a debt out of thin air, they are not following GAAP (General Acceptance Accounting Practice) they never provided Full Disclosure as to their actions, this I believe would be a violation of Contract Law.

    Per GAAP and Federal Reserve publications two loans were exchanged. You lent the promissory note to the bank that funded the loan back to you. The loan from you to the bank is the deposit of the promissory note, GAAP requires that the bank “match” a new bank liability with your name on it showing that the bank owes you for the deposit they accepted from you.

    If you had the Bank Audited by a competent CPA it would prove by the bookkeeping entries that they lent no money to purchase your promissory note.

    The banks charter requires the bank to follow the law – GAAP, you can presume the bank must follow the law or the contract is an illegal contract.

    You want the original promissory note back to see the stamps to see if you are paying the proper party endorsed on it… See UCC 3-301, Adequate assurance of due performance UCC 2-609 is for the sale or purchase. You can demand Adequate assurance of due performance which they must give assurance in 30 days.

    The bank as I said had kept many secrets and how they operate from the American People for years the bankers’ own secret inside manual they have explains Fraud in the factum, UCC 3-305. They refuse to say who was to fund the loan, the bank or the borrower?
    As for your statement with them now being a debt collector here is another dirty little secret they don’t tell anyone about. The other dirty secret I’m going to explain I hope will be shared with others so they too understand this dirty little secret and re-considering doing any type of loan Modification.

    Ever notice when you called the lender they acted as the service provider for the alleged loan.

    So when a person calls their lender and tells them they are not able to make the payments have you noticed what they say “Sorry we cannot help you unless your 90 days behind on your payments”
    Isn’t this giving legal Advice? Gee, why don’t the attorneys pick up on this one and do something about the poor legal advice they’ve provided to the consumer.

    So when you fall behind, they start calling you in the attempt to collect the debt and to make it look like there following the Fair Debt Collection Practicing Act and they have to inform the consumer “This is attempt to Collect a Debt”

    So here’s the dirty secret; they purchase the Debt for pennies on the Dollar and act as a debt collector by following under the Fair Debt Collection Act again this is why they tell you “This is attempt to Collect a Debt” when you call so they follow federal law.

    Now that they own the debt and they hide behind the Fair Debt Collection Act they have legal rights to collect on the debt and they can discuss other options such as doing a Loan Modification. Again another trick and secret they don’t tell you… if YOU agree to the LOAN MODIFICATION your giving them a CHANCE to CREATE a NEW NOTE….

    Do you see this, they DO NOT HAVE THE NOTE, but by doing a LOAN MOD your helping them establish a NEW NOTE so then later when your default which 80% of those doing loan modifications do default they now have the note to Foreclose.

    Wake up… don’t give them that chance. EVERYONE reading this NEEDS TO STAND UP AND FIGHT their LENDER. There are several advocates that provide a process or a service to help you including myself to FIGHT your Lender with a goal to get your home FREE and CLEAR.

    Your question about how could BOA sold the mortgage to a new Creditor, without having the original Note is a good question. The note and mortgage are supposed to be together and not separated. It seems they do what they want and they get away with it because they know they have the MONEY to CONTROL everything and they have the POWER. What’s needed are Judges and Courts to stand up to them and not allow them to continue committing fraud.

    Here’s something to think about. There’s ONE person in each COUNTY that can STOP your FORECLOSURE and everyone facing Foreclosure? This ONE PERSON can even STOP the President of the United States from coming into that county and they all should if it’s Obama trying to speak, no really they should not allow him in the State.

    Do you know who this ONE PERSON IS?

    It’s not the Judge, it’s not the Attorney General, it’s not are stupid Governor, it’s not an Attorney.

    Google Richard Mack to learn the answers or click here or copy and paste http://www.youtube.com/watch?v=bLJgPuNAh60

    Once you know I encourage you to take action in your county. Start by confronting this person as to why they have not Stopping these Foreclosures and why they continue to allow the Fraud to take place.

    I have asked them in my county Charlotte and Sarasota, they just don’t have the BALLS, there too worried about getting a pay check or brown noising with all those people there trying to please or maybe they got paid off… who knows. I do know they’re not up holding the Constitution and protecting our RIGHTS and they have to POWER to do this.

    Also I often question and wonder why Neil Garfield hasn’t stepped out to help People FIGHT to become FREE and CLEAR, if he has the knowledge and experience wouldn’t you think he would be helping others with that knowledge and experience. I have nothing against Neil Garfield I love the guy and highly respect him; I just think most attorneys battle giving up there practice and the earnings with stepping out of the system and to become an Advocate for the people.

    I keep asking myself why aren’t they helping people such as counter suing these lenders. Why aren’t they helping people get their homes free and clear? Is it because their an officer of the Court, is it they took an oath not to oppose the Judge, is it they took an oath to up hold the B.A.R., is it they took an oath to become part of this unique club of the good old boy group called the B.A.R, is it there oath was to up hold the British Crown.

    Whatever you decide I hope you decide to STAND UP and FIGHT for your RIGHTS to KEEP YOUR HOUSE. We need to STAND TOGETHER on this. The more people that stand up and FIGHT the more where letting them know we know their dirty secret.

    Another option is to boycott the banks by everyone closing their bank accounts and opening up new accounts with Credit Unions. They would never expect us to close our accounts. Imagine if 2 Million people did this, don’t you think this would impact the banks. They would never expect the American People do take such drastic action.

    Understand the information provided is educational purpose only. You need to do your own research to seek the Truth, I’m not an attorney and I’m not giving anyone legal advice. The information I have has been from research that I’ve gathered over the past few years.

  7. I receive a discharge in a chapter 7 Bankruptcy in December 2009. Florida Default Law Group filed a foreclosure case in January 2010 with Bank of America as the plaintiff. There was a request for a re-establishment of the missing mortgage documents, which they said were lost or destroyed. In April 2010 they filed a voluntary case dismissal. In May 2010 I receive a letter from Freddie Mac stating that they are the owners of my mortgage. In July 2011 I received a letter announcing that Bank of America is now a debt collector in representation of a new creditor identified with a code. Yesterday I received a certified letter from BOA including an Intent of Acceleration for the accumulated monthly payments.
    I am intrigued about their intentions. Are they preparing for refiling of a foreclosure? How could BOA had sold the mortgage to a new Creditor, without having the original Note?, which was apparently the reason for the dismissal of the case.

  8. I would like to know what happened in this case. “Marta I Gomez today I file a Motion to vacate and set aside order granting summary Judment and declare foreclosure actiion a nullity and void contract. the court granting a days for hearin on June 30th 2010.”

  9. I love this website and information, thank you!
    This whole mortgage thing is a mess and the only ones getting fatter financially are the banks. I am requesting help with the exam of my documents,
    have all copies from county and have most of my original notes & deeds….apx 8 or 10 of them, also
    at least 5 MERS forms…contacting Lori Enriquez for help. 15 years in my house and now they want it back, the ARM doubled HP & was underqualified but they took my gross and then some, to make it look good. It’s been a struggle, but after numerous attempts at modifying, NACA, Help for My Loan, and BofA’s “modification process” Countrywide wouldn’t accept a payment after 2 months, they wanted the whole thing, and it kind of snowballed from there. Old Republic Title trustee has been the owner since 2008 and BofA sends out photographers about every 2 months to intimidate and take pictures. Then they coerced my tenant in the guest house to sign a Move out Agreement, so they could have him out in 30 days with $2000- in bribe money in his pocket, but he doesn’t want to move, and he has a lease, so they are just trying to get posession so they can say that we have abandoned the place. NOT HAPPENING> what a bunch of endless hoops to jump thru. I’ve been to the county assessors, the BLM, the state archives, and the county processors. I say to ALL, do not give up, the just shall live by faith, and take a stand! It gets confusing, so get with the experts, but please,
    donate to the cause, bless the ones who are blessing you by their efforts, the question is; what is it worth to you to keep from losing your home? The knowledge they have is priceless. Thank you all who are out there for all of us lowly homeowners, deserving the deeds free and clear.
    CW

  10. Need help with my Foreclosure. I need to know what documents I need to file and where to get them.
    My case is in Sarasota County, you can check it out if you want and guide me as to the proper documents.

    I’ve sent a Qualified Written Response which they did not answer all the questions. I feel I should file a Motion to Dismiss but not sure how to file that or what to out line in the document.

    If you can help me I’d appreciate it or if you know someone that GET’s it and can help me get my home Free and Clear please provide names and numbers… if you want to talk to me you can reach me at 941-429-1178…

    Thank you

  11. If you need a forensic analysis of your loan origination documents, I can help! Email me at

    toolsofdefense@ yahoo.com

    but I also suggest the title and securitization combo.

  12. I would like to find some help re: our home in MN. We walked away in March 2009 after AHMSI did not respond to requests for refinance (our property value had declined significantly) and we had no other options. They will not foreclose, and liabilities are mounting. What can we do?

    We were part of a class action lawsuit against Ameriquest (who lost and were required to pay us $125). Then AHMSI bought the mortgage.

    We just want out. Any thoughts?

  13. The mortgage company EMC has failed to name real party of interest. This case is fraudulent they claimed to had lost the original mortgage note upon transferring in to another servicer. The servicer was a subsidairy of Bearns Stearns when the compliaint was filed. They are now a susidiary of JP Morgan Chase Bank. I objected that they failed to name real party in their complaint and possibly have a conflict of interest by naming WAMU as co-defendant that disolved and assets were acquired also by JP Morgan Chase Bank. We were no in default when the mortgage accelerated our loan in 2001.

  14. Hi! looking for a forensic loan specialist, can you please let me know how can I find one with good reputation.

    Sincerely,

    Najuvi

  15. Hi. I have been trying to find attorney to help me with a possible suit against a lawfirm for violating the OUDCPA and FDCPA involving a foreclosure process against us. We were buying a home owner/carry contract . We got behind on taxes and insurance which this was a complicated land sale contract. We have tried to negotiate with this man and it is impossible. The way contract is we cant even get a loan or refi. He has us sewed up. My husband is terminally ill. He does not want to move and we have nowhere to move to. He wants to die in our home. But we have to be out by sept 2nd. The man we were buying from continually harassed us we had to get restraining order.He has a lawfirm representing him and they had improperly notified us.As I understand from both state and federal procedures.We live in oregon. Our only income is my husbands ss disability. Can you steer us in the right direction?

  16. Hi! my name is Marta I Gomez today I file a Motion to vacate and set aside order granting summary Judment and declare foreclosure actiion a nullity and void contract. the court granting a days for hearin on June 30th 2010. I Discovery several inregularities, on executed an delivered a romssory note. could you please call me for appoinment or wherever may be in order to contact you
    thanks
    Marta I Gomez

  17. I don’t understand, how do I request a Preliminary Doc Review?

    I need help soon.

  18. I need help requesting documents for the discovery in a pretenter lender lawsuit

  19. Most all of the paperwork for this loan I received was only asked for, from the other borrower, by the bank

    I would like to pay your company to do the preliminary investigation but I don’t have some of the paperwork you are asking for like the final hud etc when they foreclosed my property.

  20. I am in South Carolina.

    Feb 2009 my property was foreclosed and sold at auction.

    I was never served, they had my address & found out by a phone call from an attorney’s para legal, in town, my property was in foreclosure!

    I was told by the banks foreclosure dept when I contact them that they did not have to notify me!

    I don’t believe my loan was a “qualified loan” in the first place

    There seems to be collusion? with judge, many lawyers, my bank on this.

    My loan appears to not even be a “qualified loan” as the bank used the uniformed residential loan app, conventional, fee simple, joint tenancy, mortgage and it was a land purchase for $425,000 they structured it as a 3 year balloon with interest only payments. No principal. And i did not qualify for the loan to begin with but they made me the cosigner.

    What can I do??

    I have found many errors in this whole thing, with what seems to me to be conspiracy or collusion?

    thank you

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