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As Regulators and Banks Review Foreclosures, We’ll Be Watching

As regulators launch an unprecedented plan to compensate victims of wrongful foreclosures, ProPublica will be watching closely.

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darryl

April 24, 2011, 7:21 p.m.

my ladies bank , first national bank of america , foreclosed and they took bail out money, and her attorney did not get it , in time, now its to late, this is bull they should be jail for lieing

Mike

April 25, 2011, 12:28 a.m.

I want to share with you the Bank Modification plans.
I received a forbearance offer from Wells Fargo when I inquired about HAMP. It came in a “Return in our Urgent marked overnight UPS mailer provided”. I decided to read the two pages of terms.
For 6 months my mortgage was halved, from $2000 to $1000.
On the 7th month, the total due was $10,000 in a lump sum.
How it broke down was the full 7th month payment of $2000, six months of missing payments of $6000 (already paid $6000) AND $2000 in Interest and charges - a 33% interest 6 month loan.

The terms also included a “If you are late one day or a penny short, we, Wells Fargo will start Foreclosure”.

No disclosure of the charges and interest until I added the lump sum due the 7th month along with the 6 months of half payments.

I did not accept the offer of forbearance. Then I went through the Horror of HAMP. All I wanted was a lower interest rate, about 2% lower.

The Appraiser, on a home I built stick by stick, invoice by invoice was “underwater by 40% in 12 months, from what it cost to build. I found out, that as part of TARP, the Home Appraisers were put in “Holding Companies” controlled and owned by the Mortgage Bank Servicers. The Appraisal costs went up to $500 in our community from $350. The appraisers got $350 still but the banks got $150 and also gave direction to the Appraisers to “Low Ball” the home appraisals especially if the purpose of the appraisal was to refinance at a lower mortgage interest rate.

In order to prevent the homeowner from trying to refinance their mortage, the Bank, as a result of applying for the HAMP, “dinged your credit entry with “other” to flag, you were having a problem with your mortgage payment, in order to lock you out of refinancing.

The banks had all their bases covered, “Low Ball Appraisals - controlling Appraisers through the Appraiser Pool Holding companies owned by the banks and “dinging your credit entry to alert other banks, you were a risk applying for a mortgage outside your existing Mortgage servicer.

The banks did this to keep you “locked in at the higher payments”, to put you at greater risk of shortsales and foreclosure, as to make money from your equity, with a shortsale or foreclosure.

kmp

April 25, 2011, 2:34 a.m.

So, I took a little trip down to my county recording office last week, and I am wondering if anyone out there knows if this example (below) qualifies as grounds for quiet title because of broken chain of title and/or fraud——and thereby making it unsecured debt which can be discharged in bankruptcy…I can’t seem to get a straight answer—-(so what else is new!)

Original Deed of Trust says: 

Lender: IndyMac Bank

Trustee:  United General Title Insurance Co.

MERS is beneficiary under this security instrument. (a database!?!)

(okay…then on the LAST page it says: )

          Request for Full Reconveyance

To Trustee:  The undersigned is the holder of the note or notes secured by this Deed of Trust, which was recorded in the office of (BLANK) County, State of California, in book (BLANK),  page (BLANK)  of official records. Said note or notes, together with all other indebtedness secured by this Deed of Trust, have been paid in full.  You are hereby directed to cancel said note or notes and this Deed of Trust, which are delivered hereby, and to reconvey, without warranty, all the estate now held by you under this Deed of Trust to the person or persons legally entitled thereto.

_______________(trustee     date:____________________

YES, BOTH OF THOSE LINES ARE EMPTY—NO SIG AND NO DATE,
AND THE THREE SPACES IN THE PARAGRAPH ARE INDEED BLANK ALSO!!!!!

AND my Notice of Default says: 

“Deutsche Bank National Trust Company as Trustee of the IndyMac INDX Mortgage Loan Trust.”

Yet I have no documentation of a change in Trustee…

Tom O.

April 25, 2011, 7:26 a.m.

Like most other government programs, they are well meaning in their original intent, but poorly carried out.  Businesses complain there are too many regulations from the government (and this was long before Barack Obama got to the ‘Big Chair.) but perhaps regulation needs to be tightened.  Regulators are so overworked, it’s impossible for them.  Took a class a number of years ago on how and where regulations are written.  It was very enlightening.  The problem is the amount of money that is spent on lobbying by special interests to get their ‘piece of the pie’ included in any bill.  One of the most important pieces of legislation in the history of our country, The Sherman Anti-Trust Act of 1890, was one page long.  Yes it was a different time, ut c’mon.  I’m a ‘dye-in-the-wool’  Democrat, but I am thinking of switching to Green as a protest to the shennanigans in Washington.
Kudos to ProPublica for bringing these issues to our attention.

acmodspecialists

April 25, 2011, 8:56 p.m.

Mike, your case is outrageous I really feel for you, Please don’t give up do everything possible to get your story out in the open, sent your story to the OCC, Treasury Dept, Your AG in your state, the HAMP escalation team, websites like 4closurefraud.org and beingmiddleclass.org

Let me know if I can help you in any way
Good Luck

Dorothy

April 26, 2011, 5:58 p.m.

I know of a couple of people that have received Loan Mod letters from JPMorgan/Chase and had their loans changed to a lower interest rate. 

These owners never applied for these loan & where not delinquent.

Wonder if these ‘Unsolicited Loan Mods’ are added to Chase’s percentages for amount of Loan Modification, even though it was not for the people that need it!

kmp

April 26, 2011, 8:07 p.m.

Wow, Dorothy—-you just hit on something someone else was talking about on another website…

And I quote:


“...The point here is that in both situations (borrowers of residential property and borrowers of municipalities) there is an obligation created. However, when it is learned that there was malfeasance and a settlement had been reached and paid to the source of the original funds, what happens to that obligation? Does the borrower still have the same obligation or is it reduced/eliminated?  It is indeed reduced or eliminated.
If I borrow $5,000 and my lender was ultimately found to have committed fraud and ordered to pay $10,000 to the investors that came up with my $5,000, then I no longer have a $5,000 obligation because it was satisfied by the $10,000 payment/settlement. There may still be a note. That note may still be enforceable. But the obligation is not. That note has become unsecured when my obligation ceased to exist.”

“99% of all mortgage contracts are ultra vires
A bank can only lend its money.
A bank cannot lend its credit.”

...” The homeowners sell collection rights to some company with loan, lender, servicing, etc in their names. And homeowners think they still owe, so go for a modification (new contract=new debt) or default (pretender lender gets house) or homeowner continues to pay and someday sells the house many years later to somebody else and all is forgotten or confused.”


So, Dorothy, the banks have stooped to a new low…instead of coming clean, they are trying WEASEL their way in to create NEW contracts with homeowners before the homeowner finds out that their original loan has been made unsecured because the obligation has ceased to exist.

FRAUD UPON FRAUD UPON FRAUD UPON FRAUD…WAKE UP AMERICA!!!!!!!!!!!!!!!!!!!!!!

dc

April 27, 2011, 10:21 p.m.

why does it seem the banks are always ahead of the curve… there are some great minds here and maybe its time to start putting together serious ideas on how to start documenting the scope of the foreclosure review as stated thus far…  Great works are performed not by strength but by perseverance

carie

April 28, 2011, 9:32 p.m.

@NEAL :

You said:

“My heart goes out to homeowners who were put through the wringer in their desperate attempts to save their homes. The few who managed to get loan mods never realized that they were simply used to squeeze more money out of them.”


WHAT CAN WE DO RIGHT NOW???

I am in this situation as we speak—-about to send a second “trial plan payment” right now—-but I feel like I’m throwing money away because of all the fraud and as you say ‘being used’,—-and IndyMac is just a debt collector anyway—-and my loan was probably paid off—-so I’m “pretending to pay” toward a “phantom loan”!!!

Have I got that right??????

Pure insanity—-who, when, how, where, why, DO I SUE???

ANNE in KC

April 29, 2011, 12:39 a.m.

“My heart goes out to homeowners who were put through the wringer in their
desperate attempts to save their homes. The few who managed to get loan mods
never realized that they were simply used to squeeze more money out of
them.”

I don’t understand the above statement.  Can somebody tell me what is the meaning behind it or whatever?

Hurray for me, I got a loan modification.  Yippee right?  Well, I fought for one for a long time and finally got one although I sort of signed under duress because I didn’t understand some of the figures, how they came up with them and because of the way they keep their figures I have no idea, cannot figure out at all if my payments were applied or not as they should be.  I’m tired of living life on the edge I will say.

I got a modification on my home loan which had a balance of around $69,000 or so.  The modification has made precious little difference in my payment I make.  Maybe $30 a month is all and once the initial period is over (the interest rate goes up) I will be paying more than I was before near as I can tell although because of their weird accounting and record keeping I can no longer tell where I am.

Someone recommended I accept the modification even if it was based on some loose numbers so I finally did mainly because I was worn out and just wanted all the uncertainty to stop.  Because there was minimal change for me I’m still struggling with life on the edge, one catastrophe like a furnace repair bill or broken water heater, etc.

Then, last week I did something I’ve been meaning to do for a while, I got some figures about the house next door to me which is in foreclosure.

The house was purchased in 2005 I believe, it was right before the collapse of home prices.  I know they paid something like $110,000 for the house which is basically the same as mine as far as square footage but I have done more work on my home, added a covered patio, very nice landscaping and trees and so forth where as the one next door is a yard full of weeds and nothing else (weeds which continue to infiltrate my lawn, I’m beginning to realize I fight a losing battle.)

Anyway, last week i did some investigating and discovered that the house next door is on the market for $35,000.

Not good.  I have been thinking about selling mine ever since I suffered a home invasion last summer and had two computers stolen but more than that they stole my peace of mind.

Anne in KC

April 29, 2011, 12:41 a.m.

I was home at the time of the invasion and though I never saw the people who broke into my home through an open window, I did figure out that part of the time they were inside I was as well, they went out a window while I was in another part of my house, I’m not sure how close we got to each other.  It freaks me out that perhaps they saw me and so had the upper hand imo.  When they unplugged my computer in the process of stealing it, they unplugged the phone modem and since I was on the phone in the back on my patio, it went dead and I went in to see what the problem was thinking maybe I needed to put it back on the charger to reset it.  What I discovered was the theft etc.  My neighbor across the street said he saw three younger black men run from my house to a car a block away, throw the computers inside and take off.  Apparently they parked a block away so no one could get license plate, etc.

Anyway, there are on average 2 home break-ins a week in this neighborhood which has a fair share of empty foreclosed homes.  The one that is now empty was broken into a few years ago, they kicked the front door in while the owners were at work, in broad daylight.  i actually heard the noise but at that time never considered it would be the sound of a door broken in.  the house behind me was broken into, its been empty the longest, windows broken out in the back door, do not know whether someone may have been living there or if they broke in to get something of value, whatever it would be since its empty no furniture or electronics.

I find myself thinking about things I never used to.  I have not been the kind of person who hears every noise and imagines the worst.  Til now.  And if I’m in the kitchen now i think about trying to hide the knives in case someone comes back that they won’t be used on me.  In my minds eye, i can see (having read about similar things) the possibility of confronting them and my asking them to leave but they’ve decided better off to not leave a witness.  A man was killed last summer, a healthy young man in his 30s who surprised a burglar and was strangled for his efforts.  I think about laying in my bed at night and someone breaking in.  I can see him in my mind, I see myself looking at entrance to my bedroom and I see his silhouette against the hall light and I know whatever he is there for it isn’t going to be good. And I realize there’s nothing I could do.  I suppose I could get a gun or mace or tazer but I don’t like guns they can get used on me as well.  Plus, as demonstrated from last summer, it would mean carrying my weapon of choice with me throughout the day - it seems wrong to me that this place I used to feel was my sanctuary is not someplace I need to be armed in.

Anyway, I was thinking of selling my home, if i could get enough just to walk away and then when I heard what this mostly comparable home next door was selling for it kind of figures I wouldn’t be able to .

So I’m thinking about walking away. But then what would i do, where could I go?  No one would rent to me, do I want to be homeless?

I don’t experience happiness anymore or peace rarely like i used to. 

I have dental expenses of $4,000 I can’t pay and I need to do something fast before it gets worse.

I feel trapped sort of in this place I used to love.  I still like it sort of but its not the same because my illusion of safety and sanctuary is gone.  And with the economy in the tank and no jobs I figure home break-ins will escalate if anything.

So I’m making it just barely.  I don’t understand the formula where by they figure your payment reduction and I realize that because these are modest homes anyway I won’t get the same relief that people making higher payments make.  But it makes very little difference and in a few years it will eventually be higher and I’m paying twice what i could sell the house for.

What am I doing, where am I going?

This is a non judicial state and if I quit paying my mortgage thinking to save up enough money to find another place to live, I doubt it would be long till they foreclosed and so i wouldn’t have enough to start over.

I don’t know what I’m doing or what’s going to happen to me,  I live on disability payments, no cost of living increase for two years, no ability to do anything to improve my situation, a part time job is not an option because I get a very small sum from my last employer and if I got a job all that would happen is that I would lose that and be no better off.

I’m depressed a lot and cry at the drop of a pin.  Life wasn’t supposed to be like this, I’m not young any more, I feel my life is in a downward spiral with no way out.

TomO.

April 29, 2011, 5:13 a.m.

My wife and I walked away from our respective homes in diffeent cities shortly after we got married.  We purchased a brand new home before we walked. Because of our circumstances, we were able to come up with a good down payment.  I know most are not in that situation.  For about six months, we screened our phone calls, fed some line when they accidently got through.  We were both able to rent for about six months.  The renters on my wife’s house tore the place up, literally.  We didn’t even bother to go through remodification,  because of the horror stories.  Our loan broker and realtor, now a good friend, told us not to bother, it would just be more hassle.  Last time we checked, both hoses were still empty.  One house was bought by an investor, the other, we don’t know about.
The bottom line is not to let banks say they are doing you a favor, because they are not.  They are not your firends, they are not your neighbors, they are not out to do anything excdept make money, of which here is nothing wrong.  The local banks get their marching orders from who knows where. IT IS NOT OBAMA’S FAULT , as some would like you to think.  I am however disappointed in his adminstration for not fighting the banks harder and setting up regulations that would require banks to be more upfront in their dealings with customers.  We know they are not lending the money that Feds gave them and they are still using the same practices and giving out the same kinds of bonuses!  Unfortunately mattresses are not good either.

carie

April 29, 2011, 5:03 p.m.

To Anne in KC and TomO,

First of all, Anne in KC, PLEASE don’t do anything drastic—-PLEASE!

Just hang in there…believe it or not, there is hope on the horizon.

Go to livinglies.wordpress.com and start reading the postings on the right hand side of the home page…

I have been gleaning much information regarding the mortgage madness from this site, which is arming me for battle…the mess is deeper than we know, and it involves the possibility that mortgage “mods” are simply a way of paying a “debt collector” on a loan that has essentially been “paid off” because of “mortgage-backed securities fraud” and chain of title issues…it’s complicated, and we have to educate ourselves, because the “powers that be” are trying to keep it on “the down low”.

I could have just rolled over and let them foreclose, but I dug my heels in and decided to fight however I could.

Just hang in there, keep yourself informed—-and if they try to kick you out of your house—-tell them they have to PROVE CHAIN OF TITLE, TRANSFER,  ASSIGNMENT, ETC.  The Servicer as plaintiff cannot testify to anything but payment history.  They need to show a LEGALLY executed Mortgage Loan Purchase Agreement (or Repurchase Agreement)—-they cannot show this…(if it is in a “subprime trust”), therefore the foreclosure would/should be deemed ILLEGAL.


It is my hope that Propublica will look into this—-ASAP!!!!

Good luck and God bless!

acmodspecialists

April 30, 2011, 4:32 p.m.

Carie, Anne, KC, TomO, more information on the mortgage madness: Banks that have tried to foreclose on nonperforming mortgages have discovered that in many cases they can’t collect the debts. Why? Because some companies that pooled, packaged, and converted those mortgages into liquid securities had dispensed with the usual procedures to record mortgage owners and passed the property to a shell company called MERS, which pretended to own the mortgages. The intent was to streamline what many real estate experts recognize are outdated, disaggregated, and cumbersome processes. The result, however, is that today, about 65 percent of the U.S.‘s residential mortgages are now recorded in the name of MERS rather than the bank, trust, or company that actually has a meaningful economic interest in the repayment of the debt. For the first time in the nation’s history, there is no longer an authoritative, public record of who owns land in each county.

James Hayes

April 30, 2011, 4:39 p.m.

Why aren’t Califormia Officials doing more to help homeowners facing foreclosure?

With California being one of the hardest hit housing markets… It seem’s like the deck is stacked against California Home Owners.

James Hayes

April 30, 2011, 4:49 p.m.

Anyone know a good foreclosure defence attorney in Los Angeles?

Thanks,

James Hayes

.(JavaScript must be enabled to view this email address)

carie

April 30, 2011, 5:28 p.m.

yes, acmodspecialist,


I know all about MERS…but they keep finding ways to foreclose anyway, even with MERS and chain of title issues…we just have to help expose the FRAUD and keep fighting back however we can!!
The JUDGES and politicians are in the dark (or looking the other way), about the fact that most of the (sub-prime) mortgages don’t even exist anymore because of the mortgage-backed securities frauds, etc,(you MUST go to livinglies.wordpress.com !)...so how can you modify a non-existent loan?  You can’t.  The modifications aren’t really modifications…you’re just making payments to a debt collector…the servicer ( who is trying to foreclose on you and get your money), has to PROVE that the borrowers payments are going to the actual creditor that owns your loan…but they CAN’T prove it, because the actual creditor is usually a “Trustee”, and the servicer as plaintiff would need “witness or affidavit from Trustee regarding chain of title and mortgage collection rights whereabouts—-and all documents—-this is how robo-signing became rampant ”  “At this time, for subprime trusts only, payments for current borrowers are not being transferred by servicer to trustee—-neither would a payoff by refinance be transferred.”  (quoted from anonymous on livinglies site)

acmodspecialists

May 1, 2011, 12:54 p.m.

James Haye, In CA they trying to pass the California Homeowners Protection Act, a new bill that would, in part, charge banks $20,000 for every home on which they foreclose. But I don’t think it does a lot a good because this money does not go to the homeowner which is the one that is being harm in abuse foreclosures and Fraud-Closure instead this $20,000 will go to the state
Examples of harmed homeowners:
In Los Angeles, Wells Fargo is evicting a single mother and her two children from their home for missing a payment on their mortgage. After raising their family in their LA home for over 15 years, Lorena Lopez and her husband separated in 2009, and he abruptly stopped paying the mortgage. Lorena, who has always had a stable income, was able to continue making significant monthly mortgage payments. immediately reached out to Wells Fargo and explained her situation, requesting a loan modification so she could afford her mortgage payments. Wells Fargo agreed, but then turned around and began foreclosing on Lorena’s home behind her back. When she was close to completing the modification process, Wells Fargo notified her that her home had been sold, and that she and her two children would be evicted.(I think they deserved the $20,000) The bill would, in part, fine the banks $20,000 for every foreclosure, forcing them to pay for the damage they inflict on Californian communities but it will go state instead of the homeowner. (if it pases)

Kim

May 1, 2011, 4:58 p.m.

I have been asked to join a nationwide advocation effort protesting Fraud-closure.  We need additional advocates to help gather and spread the word in hopes to acquire MILLIONS of supporters accross the nation.  While this event is under construction and the details are not yet known, I’d like to start now by gathering the email addresses and ANYONE wishing to participate.

I HAVE NOT been a victim of foreclosure but many of my friends and family members have.  I do OWN real estate and because of the “bankster” actions, it is virtually WORTHLESS!  Anyone who owns real estate that has been purchased in the last several years is taking significant losses on their property.  Victims of the foreclosure crisis deserve to be heard and I am advocating for them.  Please advocate with me.  If you’d like to send me your email addresses, comment on this page and I will add you to the list and send info out as it becomes available.  Spread the word to everyone you know and let’s stand together in this very difficult fight!  Thank you!!!

acmodspecialists

May 1, 2011, 6:40 p.m.

Kim, I’m in   .(JavaScript must be enabled to view this email address)

Tom O.

May 1, 2011, 7:20 p.m.

Maybe I’m just a little slow on the uptake; but what is MERS?

Karen

May 2, 2011, 12:16 a.m.

TomO:

Google L.Randall Wray Requiem For MERS

He is an economics professor and explains it all…

acmodspecialists

May 2, 2011, 2:39 a.m.

TomO,  The greatest hurdle standing in the way of a complete housing recovery is the backlog of distressed properties that must be liquidated. The banks must release these properties to the market in a controlled fashion. If released too quickly, they will crush house values. If released too slowly, the recovery will be further delayed. However, the control of the flow may no longer be in the hands of the banks. The issue is rather complicated. It starts with the formation of Mortgage Electronic Registration Systems (MERS)
http://kcmblog.com/2011/02/23/mers-a-mess-we-should-know-about/

carie

May 2, 2011, 12:05 p.m.

Here is a comment I found on the LA times website re. lawyer fighting fraudclosure:


“I strongly disagree with State Bar Judge Richard Honn in his decision to revoke Michael T Pines license. The State Bar itself needs to be investigated? Why? Because it is part of the reason citizens victimized by Wall St’s egregious trading practices have been further victimized. Many turned to the State Bar and got zero help. Instead they encountered chaos, mis-management of their paperwork, and if ANYTHING they should be revoking the licenses of millions of attys representing the banks. Furthermore, the JUDGES OF THIS COUNTRY have been complicit in refusing to allow lawyers representing the families a/g the banks to put forth their cases by blocking them in a myriad of ways which by default allowed banks to steal homes by the millions. I personally sat in a court where Michael T Pines quoted California Supreme Court ruling, and the sitting Judge said, while waving his hand dramatically in the air, and I quote: “Oh that is the Supreme Court UP THERE.. they can afford to be lofty, we don’t agree with them down here…OVERRULED.” Our mouths fell on the ground… the Judge refused Micheal T Pine’s to be heard on behalf of his client, to follow Supreme Court precedent… this and many other ludicrous rulings by judges clearly Pro-Bank, clearly not interested in having these cases in their courtrooms in the first place, the lying under oath by the Banks’ hired zombies, forced Mr Pines to take the drastic steps he is now being once again punished for. Years from now, I can only hope the truth will come out and Mr Pines will be recognized for trying to fight an impossible battle in a corrupt court system, a corrupt country, a/g Bank Cartels that displaced millions of Americans, causing them great ill health, traumatized their children, and ruined not just our nation, but the global economy.”

Posted by: enrique marquez | April 28, 2011 at 10:35 PM


Oh, how I wish the traumatized homeowners and their children could get billions from the bankster/fraudsters for mulitiple CIVIL RIGHTS AND HUMAN RIGHTS VIOLATIONS!!!

carie

May 3, 2011, 2:24 p.m.

MODIFICATION IS A LIE—-THERE IS NO MODIFICATION—-QUESTION EVERYTHING—-GO TO YOUR COUNTY RECORDERS OFFICE—-FIND OUT THE TRUTH YOURSELVES BECAUSE THE JUDGES, LAWYERS, GOVERNMENT, BANKS, WALL STREET ARE STILL TRYING TO COVER UP THE FRAUD OF SECURITIZATION OF THE MORTGAGES WHICH HAS CAUSED ALL ORIGINAL LOAN DOCS TO DISAPPEAR!!!  SOME (some), JUDGES ARE FINALLY DECLARING FRAUD ON THE COURTS!!!

CHECK OUT:

FRAUDDIGEST.COM

LIVINGLIES.COM

carie

May 3, 2011, 2:28 p.m.

OOPS—- I MEANT LIVINGLIES.WORDPRESS.COM

SORRY!

ANNE IN K.C.

May 4, 2011, 6:09 a.m.

I don’t know, tonight I’m feeling like really really scared where this all is going to end up.  You know, you hear about how in the depression people were killing themselves, but a lot of them were bankers and in this situation ain’t no bankers killing themselves it will be the people.  I feel lost and scared and overwhelmed.  For a long time I had this “something” that kept me going but whatever it was i lost it.  Maybe the thought of going around like some lowlife missing a front tooth, you know like those cartoons of some hillbilly woman, only this time the joke is going to be on me.

I know this isn’t a discussion of dental expenses but its all wrapped up together and I feel like I’m looking in a crystal ball and what i see is scaring the heck out of me.  I can see a time when people might either be forced into killing themselves because they can’t take care of themselves or whether the care just won’t be there either way tonight I am in 3/4 panic mode and hoping I don’t get all the way.

This is not the country I grew up in.  What are we doing?  where does it end?

ANNE IN K.C.

May 4, 2011, 6:11 a.m.

Whenever i get like this then I can’t read anything, nothing makes sense, all the words just run together.  I can’t even help myself the way this is going.  Is this the way it ends?

ANNE IN K.C.

May 4, 2011, 6:15 a.m.

You know, i think I recall part of the modification agreement said that I agreed that something about MERS i wouldn’t be able to contest it.  I’ll have to look but I really think that was part of it.

Somebody called me from BOA last week that was gonna get me some answers because i complained to the Attorney general but she’s disappeared too.  Said she’d have preliminary answers by last Friday, Wednesday and no word.

ANNE IN K.C.

May 4, 2011, 6:17 a.m.

Thank you Carie for the encouraging words.  Very nice of you to take the time to try to help.

Tom O

May 4, 2011, 7:57 a.m.

To anyone who has been hassled, especially to Annie in KC: About two months ago my wife was being harrassed by her worker’s comp carrier for an injury sustained at her work place over two years ago and subsequent surgery and recovery.  The examiner was claiming things that just weren’t true.  Fortunatley she had kept a copy of all the paperwork (they thrive on paper.)  At my urging, she contacted our state senator’s office.  To make a long story short, less than one month after she turned it over to the senator’s office, she had a check in the mail.  The senator’s caseworker had seen this time and time again and as much as threatened an audit of the carrier. The WC laws in California were ‘reformed’ a few years back to where the burden of proof is now on the injured worker and it is up to them to keep and provide records at the beck and call.  So, what I am saying is…Keep trying, contact your reps, it may help.  If enough people are having the same problems, something is rotten in Denmark.  Demand t see some paperwork written in plain English.  Work with one or two people and I know they disappear into the woodwork and it can get frustrating.

carie

May 4, 2011, 10:41 a.m.

This is a comment from “anonymous” on the livinglies.wordpress.com website (under article re. US SUES DEUTSCHE) regarding a question about “loan mods” :

“Mods cannot be done in servicer name — unless servicer can show they own the loan and not servicing on behalf of anyone else. Any modification that is not a new contract (which it should be as terms are changed) is a modification of your original contract with your original “lender” — who is likely gone — so mod is invalid.
The lawsuit here is about insurance fraud. Insurance paid on Mortgages — not securities — that were originated without due diligence. This enabled Deutsche – who purchased MortgageIT after the financial crisis – to collect millions from insurance on loans originated without “due diligence.” And, this enabled Deutsche to sell those “bad” mortgages directly to “investors.” This is not about securities.
Other “lenders” –likely did the same thing — which means any mods on these loans simply continues the fraud.
Also, this is a civil action — but should it be a criminal action?? Many of these loans were classified as Early Payment Defaults — but, often, manufactured EPDs — and other false default — before borrower even actually defaults. Since this occurred — that would be insurance fraud — not a lack of “due diligence.” Believe insurance fraud is criminal.
All these government and investor lawsuits help expose the level of fraud — but, does little to help foreclosure victims. And, in some way may harm because pockets are being emptied and lenders/creditors will be even more adamant about pursuing foreclosures. There is still no one in government standing up for the real victims. .”


Hang in there, Anne—-go to bahai.org ...it has helped me!

Karen

May 5, 2011, 1:34 p.m.

EVERYBODY CHECK THIS OUT:

newbottomline.com

Anne in KC

May 5, 2011, 3:08 p.m.

Somehow time and circumstance and knowledge have gotten ahead of me.  I have been juggling (as fast as I can) multiple and continually escalating assaults on the safety, health, happiness and well-being of myself and my family and I find myself now in a state of BRAINLOCK/OVERLOAD.  All circuits are busy and/or down for the count.

I filed a complaint with the Missouri Attorney General as well as with the FTC, unless I’m mistaken, and as a result Bank of America has left numerous emails and phone messages for me and finally about a week and a half ago we successfully connected.  Someone from the office of the president (oh, should I be impressed?) contacted me and was most solicitous regarding all matters BOA related which concern me.  After a brief discussion she assured me she would call me no later than last Friday (April 29th) she would be in contact again with at least preliminary results.  LOL.  Not much has changed, once again BOA holds steady to its course of lies, deceit, and a strangely disconcerting yet predictable pattern of DISAPPEARING INTO THIN AIR (clouded as it is with the unpleasant scent of bull$h!t).

I have a permanent modification that I accepted because some people good with numbers (presumably) told me it sounded like a good deal and that i would be a fool to pass it up.  It doesn’t feel all that good, I’m still one brief step ahead of disaster and i can feel its hot fetid breath on my neck as I write).  I will have to dig out my permanent modification, here somewhere buried beneath a mountain of other and voluminous legal documents sent me by other and numerous assailants in waiting to see if my memory (I still vaguely recall having memories) serves me correctly and if it doesn’t include a clause about WHOSOEVER SMITETH ME I should TURN THE OTHER CHEEK.  Oh no, wait, that was from last Sunday’s gospel according to Paul the Soothsayer.  The clause I seem to recall said that the signing of the modification included an agreement (basically in legal mumbo jumbo terms) to leave MERS out of the equation.

My cousins and I used to terrify each other with tales (right before we jumped in the murky but refreshing waters of our one temporarily ours Missouri lake) each of us having a slightly different version of how many times a drowning person sinks beneath the water until finally he surrenders to a power he can no longer resist and is seen no more.  I cannot remember if we ever reached a consensus or a precise count on the exact number of “chances” a drowning man/woman has.  But I feel perhaps I may be approaching it.

Ask not for whom the bell tolls - HOW DID THAT GO?

Anne in KC

May 5, 2011, 3:43 p.m.

It has been some time since I naively believed that the United States Government has my best interests at heart and will not unfairly take advantage of me because I am not among those wealthy enough to engage in the latest favorite pastime of BUY A CONGRESSMAN.  I do not think I BELIEVED that my state government was any more or less likely to victimize me.  I think I just did not think about it at all. Well, recently, due to a convergence of events and a multitude of calamities,  I am now painfully aware of the fact that Missouri is among top contenders for the most corrupt state of the union.  It is true.  Our (is it silly for me to say “our” when describing them since they do nothing for “us”) legislators are busy subverting the will of the people by striking down voter-passed legislation meant to provide relief to suffering dogs and their offspring languishing in Missouri puppy mills.  That’s just for openers.  They have also passed legislation which gives new meaning to the words “mockery of justice”.

In 2006 report concerning Payday Loans among the 50 states, it was found that percentage rates for payday loans in Missouri could reach as high as 1,950 percent per year.  NOT 1.95 per center, NOT 19.5 percent - ITS 1,950 percent per year, the highest in the nation.

Fast forward to this April, 2011 -

Payday lenders are the target of recent legislation to control predatory practices. New federal legislation is in the works and some states have moved on this issue themselves.

But what is happening in Missouri is interesting. It seems that the Financial institutions Committee that has conducted hearings on the bill, only allowed representatives of the payday loan industry to testify. And guess what, the chair of the committee was the vice chairman, Don Wells, who owns a Kwik Kash payday loan store.

According to Rep. Mary Still in Missouri:

■Missouri has more payday storefronts than almost any state and some of the weakest lending regulations in the nation.

■The Better Business Bureau of Eastern Missouri reports that payday loan companies in Missouri can charge up to 1,950 annual percentage rates. The average APR is 430.64 percent.

■The Missouri Division of Finance reports that Missouri law allows six loan renewals and a Missouri consumer can pay up to $395 in interest and fees on a $500 loan. All surrounding states forbid renewals.

The bottom line here is that when legislation is allowed to be presented in such a fashion it doesn’t make it more palpate, it makes it reek. Fair or not, the hearings should never have been held in such a one-sided way. Rather than help the payday lenders in Missouri, Don Wells only accelerated their demise.

But DO NOT DESPAIR, our legislators recently took action to limit the interest chargeable for payday loans in our fair state to a maximum APR of 1,564 percent.

And then of course we are a non-judicial state, no plans by our legislature to change that.  They don’t waste any time fretting over homes in our state being foreclosed on fraudulently.

This is just the tip of the very rotten iceberg here in Missouri.

IT SUCKS LIVING HERE, somebody SHOW ME otherwise.

(For those of you who don’t know/appreciate “Show Me” is the stupid state motto coined by I believe Harry Truman, one of the late great presidents of this corrupt land of ours.

More and more I think to walk away from this fetid cesspool that is Missouri is a very appealing idea.

I did not think I could feel more contempt for a government than I have felt recently but I WAS WRONG.

acmodspecialists

May 5, 2011, 4:24 p.m.

Anne in KC, People have to wake up and vote all this people out of office, The peoples vote is the only power left that the middle class still has in this country VOTE but to get rid of this Representatives for what they do against the middle class people of America   VOTE= POWER

acmodspecialists

May 6, 2011, 7:35 p.m.

The Loving and Merciful Act of Foreclosure.
JPMChase CEO Jamie Dimon stated that: “Giving debt relief to people that really need it, that’s what foreclosure is.” As he explained: “[Homeowners] are probably better off going somewhere else, becuase they get releived almost 100% of the debt through foreclosure.” Chase has no SHAME ! He is an !@#%&*

acmodspecialists

May 6, 2011, 7:55 p.m.

All they want is the Credit Default Swap Insurance from the DIABOLICAL and MANIACAL CRIMINALS at AIG, so they can pay each other GIANT BONUSES. They do not even want these homes, they are abandoning them after collecting the Swaps Insurance check this link: ( nytimes.com/2011/03/31/us/31bat.html )  Dimon and all the rest are bankrupting America. When they are not even maintaining these homes after collecting the Swaps Insurance. That equals bankrupt Cities, counties and states. there is no money to pay teachers, policeman, fireman, nurse cares,take of the roads and ultrastructure. The American Middle Class can not keep making up the slack for all the stole revenue FRAUDCLOSURES via hyper-inflation

Anne in KC

May 6, 2011, 11:20 p.m.

@Acmod - VOTE IS POWER?  you have touched on a very pertinent fact in Missouri - the vote is NOT POWER.  Three times this year the legislature in Missouri has overturned something the people voted in.  No valid justification, just ranting about whatever they see in their crystal ball that is going on that is not going on.

PROPOSITION B to alleviate suffering and cruelty in Missouri puppy mills was replaced with something else and rather than veto it our governor bailed on us and “compromised” between the two.  SINCE WHEN are elections open to compromising the results?  Maybe I should ask them to compromise and throw their sorry asses out of office because they are doing nothing to help Missouri, they have opened the floodgates to abuse from payday lenders, fraud, hucksters, whoever wants to come into missouri and screw over the citizens go for it.  Latest thing is to fix it to where people whose property and enjoyment of life is threatened by BIG CORPORATE HOG FARMS for pollution and fouling the air so people can’t even sit outside, they are going to fix that so people will be left holding the bag.

OUR LEGISTURE is corrupt and half the people here are either too lazy or too damn stupid to open their damn eyes.

The ones who were against Prop B (puppy mill law) are elated at our vote being gutted.  STUPID people can’t see past the end of their nose enough to see that NEXT TIME it might be something they desperately want.

I WANT OUT OF THIS STATE I TRULY DO but because of the housing situation I’m afraid I’m stuck here.  My one saving grace is that i can drive 15 minutes to do my shopping in Kansas because I won’t contribute to the salaries fo these arrogant asses who are destroying LEGAL ELECTIONS in Missouri.  And like all good crooks I’m sure there are other crooks in other states watching and learning the ropes.

ANNE in KC

May 6, 2011, 11:23 p.m.

If I didn’t say it before (forgive me if I repeat myself but I have been trying to talk to lots of people in the hope of finding some kind of answer)

Not only did they destroy the results of the legal election about puppy mills - now, marching on toward their ultimate goal - they introduced legislation that will ensure that never again can we the people introduce such legislation, thus saving them the trouble of having to get rid of it later, then just take the cowards/short cut way which imo is the road leading to the highway to hell.

acmodspecialists

May 7, 2011, 1:13 p.m.

Anne in KC, You are right,  but what I meant by Vote = Power, was to vote these people out, or Recall by the people of Missouri Like they are doing in WI, if its also possible in Missouri, My heart is with all of the people of Missouri who deserves better

james Hayes

May 7, 2011, 2:14 p.m.

For anyone facing FORECLOSURE this may help!

1. If it can be proven that you’re notary was Fraudulent the entire chain of   title could be challenged.

2. If you’re notary… notarized phony docx. File a complaint asap against the notary at the SEC in your state, you can also collect $ from the notary’s bond, which could finance you’re legal defense.

Spread the Word!

This is not legal advice these opinions are for educational purpose’s only..

A Good Bankster is A Jailed Bankster!

James Hayes

May 7, 2011, 2:30 p.m.

Thursday, May 05, 2011

Jeff Thigpen, Registry of Deeds, Guilford County North Carolina.. Releases Foreclosure/Mortgage Fraud DOCX Victim Report

List of locals affected by apparent mortgage fraud released


GREENSBORO — Guilford County Register of Deeds Jeff Thigpen today announced that his investigation into apparent mortgage fraud has turned up more than 4,500 documents that appear to have been forged or improperly altered.

Thigpen made public the names and addresses of thousands of Guilford County residents whose mortgage and loan documents appear to have been affected.

The total value of the loan documents Thigpen identified as “suspicious” is estimated at more than $624 million.

Ask you’re self if Mr. Thigpen could find more than 4,500 case’s of FRAUD in a small town like Guilford County.

Clearly this is going on all across the Country, and maybe it happened on you’re Loan

Google Jeff Thigpen

Take a look:http://stopforeclosurefraud.com/2011/05/06/video-register-of-deeds-jeff-thigpen-press-release-on-mortgage-fraud/

Fight the Power!

James Hayes

May 7, 2011, 2:31 p.m.

Thursday, May 05, 2011

Jeff Thigpen, Registry of Deeds, Guilford County North Carolina.. Releases Foreclosure/Mortgage Fraud DOCX Victim Report

List of locals affected by apparent mortgage fraud released


GREENSBORO — Guilford County Register of Deeds Jeff Thigpen today announced that his investigation into apparent mortgage fraud has turned up more than 4,500 documents that appear to have been forged or improperly altered.

Thigpen made public the names and addresses of thousands of Guilford County residents whose mortgage and loan documents appear to have been affected.

The total value of the loan documents Thigpen identified as “suspicious” is estimated at more than $624 million.

Ask you’re self if Mr. Thigpen could find more than 4,500 case’s of FRAUD in a small town like Guilford County.

Clearly this is going on all across the Country, and maybe it happened on you’re Loan

Google Jeff Thigpen


Fight the Power!

acmodspecialists

May 7, 2011, 4:13 p.m.

The massive Fraud, false affidavits, false notary stamps, and false signatures are happening all over the country.  PONZI SCHEME (Thanks for the tip at 2:15 PM)

Neal

May 8, 2011, 8:36 a.m.

The vote is NOT power. Case in point ... The AZ Senate overwhelming passed SB1259 (28-2) which would have required proof of title ownership on all foreclosure proceedings. Upon its passage, bank lobbyists vowed to do what it takes to stop it. Sure enough .... When it reached the House the bill was gutted by ONE Rep during a slow news cycle to slip it under the radar (never covered by ANY news media).

No, the vote is NOT power ..... it’s the lobbyists with the bankroll!

http://4closurefraud.org/2011/04/25/sb-1259-arizona-state-rep-ms-mclain-r-3rd-a-putrid-viper/#comment-29255

Joy

May 8, 2011, 4:38 p.m.

Hawaii has passed a bill and there is now a moratorium on ALL foreclosures.  Research it to get all the details.  All states need to follow suit, stand up to the banks like Hawaii did, and then legislate to pass there own bill.  This would delay or stop home prices from falling further and stop the declince in property tax revenue.  I’m sending this bill to Jerry Brown, governor of CA.  Let’s take action folks and stop the theft of our homes!

acmodspecialists

May 8, 2011, 5:34 p.m.

My Praise and respect goes to Hawaii so far is the only state that is really looking up for its own citizens, I read the SB 651 law that passed in HI we finally found some politicians with balls vs the Banksters:  mandelman.ml-implode.com/2011/05/breaking-news-hawaii-passes-sb-651-nation’s-toughest-foreclosure-bill/

Joy

May 8, 2011, 6:23 p.m.

Not only Hawaii, but the Chief Justice of South Carolina ordered a stop to all pending foreclosures until the involved banks and homeowners can complete an intervention process. So some States are listening and doing something about this fraudclosure.  With CA leading the country in foreclosure numbers and lost propery tax revenues due to property values plummeting, maybe the CA governor will listen.

acmodspecialists

May 9, 2011, 2:56 a.m.

Joy I think America is finally starting to wake up, But CA sadly so far has not listen, SB 729 Fails (once again)– California Senate Bill 729 failed to pass in the Senate Banking Committee for the second time in the last two weeks.

Commenting is not available in this section entry.
This article is part of an ongoing investigation:
Foreclosure Crisis

Foreclosure Crisis: Banks and Government Fail Homeowners

Banks and the government have fallen short in helping homeowners in danger of foreclosure.

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