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Nevada Wallops Bank of America With Sweeping Suit; Nationwide Foreclosure Settlement in Peril

By vastly expanding its suit against Bank of America to include all major stages of the bank’s mortgage practices, Nevada signals that the banks’ mortgage troubles will likely continue to dog them.

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Buford Pusser

Sep. 1, 2011, 2:50 a.m.

I am going to cancel by BoA account after I download an android app that lets me record my phone calls. When they ask me why, I will tell them because they are too big.

Starry

Sep. 1, 2011, 4:10 a.m.

No more checks for bailed out banks, Florida. Especially Bank of America. Not another cent. Don’t help them rob you and your family.
Do *not* touch your savings! Leave them intact. Banks can’t get at retirement money even in a BK so leave that alone, do not offer them a crack at your 401k.
Stay put and save the money you would have paid in a “trial” mod. Those are just cash sweeps that they hide behind until they figure out if they have fully drained your savings - then they f.c. anyway.
Skip the trial mods and wait for the bailed-out bank to meet you in court, you have a year or more here in Fla. They can’t steal all the houses. Ignore the threats in the mail and the phone calls. Let them go to voice mail and delete them, ask your friends to text you and call them back. Your health is more important than listening to collections meatheads. They are trying to scare you. Just say…thanks, but no thanks.
Just say no. If you think they will be foreclosing, let them pay the tax and insurance. Secure valuables like silver or photos in a safe box at the bank, or with a family member. If they send in crews to trash out the place (which is code for ‘steal whatever they find’) your valuable items are secure. Back up your computer and put the hard drive elsewhere, weekly. Make it hard for them to muck up your life, should they gain entry to your home. Hey - they can have our clothes and furniture if it comes to it. But they can not have my money.
No more checks! I stopped paying BOA in Aug. 2010. I have never looked back. Let them sweat trying to reach me, sit on hold and go to voicemail,etc., as they wanted us to do. get in line at court, Brian Moynihan.
I am good waiting here, free. I mow the lawn and pay the utils. BAC, the rest of the bills are on you. If you are going to steal this house in the end - you can pay the tax, insurance and HOA. Lol.
Later.

Catherine L. Glass

Sep. 1, 2011, 8:57 a.m.

I am totally appalled at the size of this raping of the American people.  I, too, have one of the subprime mortgages.  The original mortgage company was hauled into court and a settlement reached.  I received $840.  But wait, that is not the worst of it.  I am sitting here at age 70 with an adjustable rate mortgage underwater that I cannot refinance.  I am afraid to retire in fear the my mortgage might accelerate to 15%.  I cannot believe that such a massive ponzi scheme could go on in this country and no one try to prosecute all the mortgage companies, banks and wall street.  Everyone involved in this mess needs to band together and force action.  Everyone with one of these mortgages should receive a free mortgage as payback.  I continue to be amazed at what is happening here.  Where do we go from here?

Maureen

Sep. 1, 2011, 9:37 a.m.

It’s about time.  Chase should be next because they’re just as bad if not worse than BOA.  Flat out criminal.

John

Sep. 1, 2011, 9:56 a.m.

Carie, be careful.  Your advice as stated might backfire.

Yes, you could ask the collector (or bank, or whatever) to prove that you owe them money.  They might not have proof.  But that won’t make them go away, and (as noted in an article a few weeks ago, here) Bank of America has no qualms forging the paperwork.

Don’t take this as legal advice, because nobody wants the Bar Association nosing around, but what’s probably better is to wait for them to take you to court.  Then ask for the paperwork at that time, in front of the judge.

“It’s back at the office” shouldn’t be an option, because they had plenty of time to prepare for the court appearance, and you’re asking for a key part of their case, plain and simple.

Sammy, violence is their turf.  They can always hire more guards and arm them better.  I might recommend reading Gene Sharp’s “From Dictatorship to Democracy” if you have an interest in fighting without the help of the courts.

Carla

Sep. 1, 2011, 10:47 a.m.

Hopefully this helps many homeowners , but it should not stop with only this bank. INDY MAC BANK a subdivision of One West bank and Deutsche National Bank and Trust are a big fraud. For example, there is a stay for the lenders not to contact me , they did and lied. Recently they came to my primary residence where I clearly live and left a note stating the home was inspected and found abanodned. They were coming back to winterize it and secure it.

Recently it was discovered that none of the banks properly documented their paperwork. They never completed the paperwork on one property and on another they dated the paperwork several years later.

I have two pending court cases involving this bank and criminal and federal court when I should not that clearly have indications of fraud amongst other things like not being able to prove who owns the loan and violations of the written modification agreement.

I decided to come forth with my story to encourage others. The courts have my shocking video documentation and story which is posted on line Google: baron 2888 Guilty to Proven innocent.”

and Youtubecom Channel: Baron 2888 Title: Guilty to Proven Innocent.

Jim N

Sep. 1, 2011, 11:18 a.m.

Response to Bill re answer to questions of “How, When and Results.”
As my post stated, “a big part of the solution” is super organization.  In Singapore three people started a movement where they eventually organized practically every single person, block by block, in a city-state of about 1.5 million people consisting of three ethnic groups, speaking three different languages and a per capita income of about $600.  They had lots of problems.  They didn’t have the Internet.
Today 50+ years later the per capita income is greater than that of the U.S. which has about 360 million people.
To answer your question in slightly more detail than you asked them:  (1) People have to organized themselves so that at least a large % of the population actively and regularly participates in an organized way to solve the various problems. (2) When depends on how many people get involved, the time commitments they make and the level of collaboration. (3) The results will happen along with the right solution strategy which ultimately should be measured as per capita income and “equality of opportunity” like the U.S. constitution advocates.  The right detailed answers exist or can be developed quickly, but it will take more than one person to put it all together in a few days, or weeks, lol.

Jim

Catherine L. Glass

Sep. 1, 2011, 11:30 a.m.

This is directed to carie.  How interesting!!  I would like to know all you can tell me.  I have a subprime loan whereby the mortgage company had a lawsuit.  The people won and we got approx. $850.00.  But the kicker is that the mortgage company sold loan to an investor.  I worked for five years with Saxon Mortgage trying to get a mod or refi only to be told at the end of five years that the investor would not allow it.  Then they sold it to Ocwen.  They too say the same thing.  The problem is that I am almost 70 years of age.  I do not feel I can retire with an adjustable mortgage which is at 9 and can go to 15%.  If I lost my home after I retired what would I do.  What a travesty that has been put on America and its people by the banks, mortgage companies and wall street.  I wish everyone would get behind this and push the government into doing something or giving us some kind of relief.

James Tennier

Sep. 1, 2011, 12:02 p.m.

Some of the most important reading we will ever see is in this column and comments!

Banks, You f**ked up. Admit it,come clean, take your medicine,(loss of job, future, jail time etc), and lets get this country through the mess YOU all created and move on.
Our country and the 70% of the economy which relies on consumer spending is dead in the water irregardless of which party is in power. Until the banks swollow their medicine we are spinning our wheels.
Attorney General Cortez-Masto;  THANKYOU!!!

James Tennier

Sep. 1, 2011, 12:18 p.m.

Some of the most important reading we will ever see is in this column and comments!

Banks, You screwed up. Admit it,come clean, take your medicine,(loss of job, future, jail time etc), and lets get this country through the mess YOU all created and move on.
Our country and the 70% of the economy which relies on consumer spending is dead in the water irregardless of which party is in power. Until the banks swollow their medicine we are spinning our wheels.
Attorney General Cortez-Masto;  THANKYOU!!!

texasdraw

Sep. 1, 2011, 12:25 p.m.

BOFA,  out of spite to American Laws, Gave loans to illegals,, bank accounts to illegal loans to people on Taxpayer welfare, SSI,  Knowing full well the y were already looters, moocher and losers., etc. They placed themselves above the law and became cohorts in mass felonies, treason and traitors to America. I hope they go down, AndI hope it closes there doors.  Anytime you think you are above th elaw and treat born Americans as a joke, Which is the Obamaos Regime Rhetoric.
Absolutely no one has s the right to own a home, and Absolute,ly no one has the right to health insurance, and absolutely no one has the right to be a bottom feeder off those who actually work for a living.
Millions spent on free clinics,which no has the right too , And I have to pay for my medical caare.When 90% of those going t o free clinics can pay, they are just liars,thieves and cheats.

carie

Sep. 1, 2011, 1:48 p.m.

IMPORTANT INFORMATION FROM ANONYMOUS—-(on livinglies.wordpress.com :


“...The Depositor owns the Trust—and while the Trust was performing - the Depositor, on behalf of the Trust would be the party to bring the action.  However, these Trusts have now been brought back on parent corp. (to Depositor) balance sheets because the Trusts as “off-balance sheet” SPVs—- have been effectively dissolved.  The only tranche holders to remnants of the Trusts is the US Government or the Depositor (parent) itself.   
You should be preparing to demonstrate that the loan was not validly conveyed to any Trust (which they were not).  Do this by requesting the Mortgage Schedule which should accompany the Mortgage Loan Purchase Agreement (MLPA)—- and the MLPA cannot be an “intent” to sell—- it must be validly executed and notarized (we know about those notaries).    And, importantly, if MLPA and Mortgage Schedule can be proven, servicer must prove that all default payments have been paid to the trust on borrower’s behalf.    If not, loan has been removed from the Trust with collection rights sold/swapped to a Third Party.    This is how you can win—- they can not prove anything.”

Charles

Sep. 1, 2011, 8:55 p.m.

The Homerowners probably wont see a thing from it,cause it will go to something other then what it was intended for.

John

Sep. 2, 2011, 8:35 a.m.

We need more responsible/principled (tea party) representatives in congress and Ron Paul for president. He is one of a few honest people left in congress who has been telling the american people the truth, that his was coming and now its here. Don’t be fooled by Perry he is more of the same false republican establishment

Neil Switkowski

Sep. 2, 2011, 2:31 p.m.

Endless Fraud Detection Services Conducts extensive Chain of Title Investigations.

What is a Chain of Title Investigation?

A Chain of Title Investigation is an attempt to establish a clear and unbroken chronological record of ownership for a specific piece of property for the current homeowner. This investigation attempts to establish or trace the successive conveyances of title or endorsements, starting with the current Deed and going forward through the securitization process. Each lender is linked to the previous lender and any subsequent lenders through transfers and endorsements, forming a chain of title as disclosed through various public and private databases.

This is tantamount to establishing a Chain of Custody, which refers to the chronological documentation or paper trail (endorsements, assignments and or any allonges) showing the seizure, custody, control, transfer, analysis, and disposition of the title of this property.

Our Chain of Title Investigation is conducted by;

-Texas State Licensed Private Investigators who will do a complete and competent Investigation into both public and private documents concerning a homeowner’s property.

Public Records Investigation includes investigation of all public records regarding a homeowner’s property.

Background checks on individuals who signed those documents are conducted to ascertain the validity of the individual themselves. Many times we find that these individuals are in fact robo-signers, bankrupt, never had a state Id issued, multiple social security numbers, multiple birth dates, multiple alias, disbarred attorneys as trustees, and even one individual who died in one state but signed legal documents three years later in another state.

The documents filed into the county records with these individuals’ signatures have compromised the integrity of the Banking system, Judicial system and the County records system.

-In order to establish what the homeowner’s chain of title should look like a “Real Property Asset Securities Audit” is conducted to establish the movement of the mortgage in the secondary securities market and shows the Private Investigator what the public records should look like regarding the transfer and “true sale” from one entity to another.

-In addition, your Private Investigator using your private pre-closing, closing and post-closing documents will also have a NAMU Certified Forensic Loan Auditor conduct a Forensic Mortgage Loan Audit to ascertain whether State and Federal Consumer protection laws, rules and regulations were followed during the origination of the mortgage and that it was perfected which creates an enforceable lien instrument.

A Broken Chain of Assignments renders the “Deed of Trust” Void and Unenforceable under UCC 3-201, 3-204 & 3-302and as such no triggering of the foreclosure clause in the “Deed of Trust” is possible.

What do I do after I receive my investigative report?

The County Clerks and Judges have a duty to safeguard the integrity of both the county and court records. This was for centuries the foundation of our trust in the public records system.  The recent disintegration of these records in the United States County Records and Courts have severely compromised this integrity.

If the “public trust” in the public recording system is compromised it undermines the rule of law.

In order to restore this trust the American people need to remove, by way of an honorable judge, any documents/ lien instruments that compromise the integrity of the public records system.

Our duty as Americans is to help the honorable judges of these courts to maintain this integrity.

In order to do just that, we can provide you with samples of Ex Parta hearings. The purpose of this process is to have the honorable judge of said court make a determination of the facts regarding the public record documents pertinent to your property.

What happens if the Judge removes documents from the county records system?

Based on the cases we have reviewed and in some instances with the homeowner being the only “real party in interest” the home’s title is cleared (removing the cloud around the title) and handed to the homeowner free of any encumbrances and or liens.

carie

Sep. 2, 2011, 4:04 p.m.

FIND ANOTHER LINE OF BUSINESS AND STOP MISLEADING AND RIPPING PEOPLE OFF.

THIS IS THE TRUTH:

“…The Depositor owns the Trust — and while the Trust was performing – the Depositor, on behalf of the Trust would be the party to bring the action. However, these Trusts have now been brought back on parent corp. (to Depositor) balance sheets because the Trusts as “off-balance sheet” SPVs — have been effectively dissolved. The only tranche holders to remnants of the Trusts is the US Government or the Depositor (parent) itself. You should be preparing to demonstrate that the loan was not validly conveyed to any Trust (which they were not). Do this by requesting the Mortgage Schedule which should accompany the Mortgage Loan Purchase Agreement (MLPA) — and the MLPA cannot be an “intent” to sell — it must be validly executed and notarized (we know about those notaries). And, importantly, if MLPA and Mortgage Schedule can be proven, servicer must prove that all default payments have been paid to the trust on borrower’s behalf. If not, loan has been removed from the Trust with collection rights sold/swapped to a Third Party. This is how you may win — they can not prove anything.”

ibsteve2u

Sep. 2, 2011, 4:14 p.m.

A nice thought, Brian Konash - but a RICO prosecution that, if truly pursued, netted almost all of the top tier of banking and Wall Street, a not insignificant number of current and former members of Congress, and at least one former President and the majority of his Administration is…unlikely.

Yeah, it really was that…layered:

archives.hud.gov/remarks/martinez/speeches/presremarks.cfm

The corruption is so pervasive that…well, the intellectual side of me argues against religion, but the emotional side of me cries for justice delivered by “a higher power”.

carie

Sep. 3, 2011, 1:41 a.m.

The “higher power” justice is DEFINITELY coming…

Roy

Sep. 3, 2011, 11:49 a.m.

@Carie-Amen!-So be it.

Nancy

Sep. 3, 2011, 1:11 p.m.

We have given Wall Street, including big banks and big corporations, an immeasurable amount of money and power, with our 401Ks and deposits, and they have criminally misused it against us.  Bank of America, and other financial institutions, could have prevented so much fall-out if they had manned up in the first place.  As much as I’d like to see Attorneys General sue and recover all the money we lost collectively it will surely break the global eonomy.  Now indifidual states are getting greedier when many of them turned a blind eye in the early 2000s when they knew exactly what was going on, as did many of us.  This is a tragedy beyond comprehension and the best thing we can do is get our money away from Wall Street and the big banks and keep it in our local communities where we have some control over it.

Roy

Sep. 4, 2011, 5:41 p.m.

Just an example of how resigned this issue has become, even here in one of my favorite forums…there is no longer a “mods” tab at top of header, now “foreclosures”. It is indicative of this whole situation!

ibsteve2u

Sep. 4, 2011, 9:02 p.m.

@texasdraw:  Your comment is interesting in that you demonstrate both an awareness of the problem - the corruption of those who run America’s largest corporate entities - and a voluntary and knowing susceptibility to all of those wedge issues (“illegals”, “moochers”, “health care”, etc. etc. etc.) that the right has been using against both democracy and the American people in their strategy of “Divide, and conquer.” over these last four decades.

In other words, although you know that big banking, Wall Street, and Corporate America have nothing but antipathy for you and the rest of the non-wealthy American people, when the right/Republicans/Tea Party use Corporate America’s wealth to flood the airwaves with political advertising containing those same emotional triggers (“illegals”, “free clinics”, “health care”, “moochers”, etc. etc. etc.) you will eagerly do what the Republicans tell you to do…

Which is vote for them, so that they may again turn the dogs of Corporate America loose upon you.

Now I understand why you pay for the right’s propaganda and advertising - it isn’t like the wealth you give them when you buy their products and services is an “informed” decision; the right/Republicans/Tea Party were very careful to make sure that their people on the Supreme Court crafted Citizens United in such a way as to permit them to fund their propaganda anonymously and so avoid ever being held responsible for the lies they tell about non-wealthy Americans avoiding responsibility.

But you do not have to listen to their lies - and you certainly don’t have to <b>repeat</i> them…like you did in your comment.

carie

Sep. 5, 2011, 12:53 a.m.

Don’t let them take your house—-they have NO RIGHT to foreclose—-the houses are being STOLEN…there are NO MORTGAGES…I’m NOT KIDDING.  It’s all unsecured debt from “manufactured” false default debt…collection rights ONLY—-just like credit card debt—-MAKE THE SERVICER PROVE IT…they CAN’T…


THI­S IS THE TRUTH:

“…The Depositor owns the Trust — and while the Trust was performing – the Depositor, on behalf of the Trust would be the party to bring the action. However, these Trusts have now been brought back on parent corp. (to Depositor) balance sheets because the Trusts as “off-balan­ce sheet” SPVs — have been effectivel­y dissolved. The only tranche holders to remnants of the Trusts is the US Government or the Depositor (parent) itself. You should be preparing to demonstrat­e that the loan was not validly conveyed to any Trust (which they were not). Do this by requesting the Mortgage Schedule which should accompany the Mortgage Loan Purchase Agreement (MLPA) — and the MLPA cannot be an “intent” to sell — it must be validly executed and notarized (we know about those notaries). And, importantl­y, if MLPA and Mortgage Schedule can be proven, servicer must prove that all default payments have been paid to the trust on borrower’s behalf. If not, loan has been removed from the Trust with collection rights sold/swapp­ed to a Third Party. This is how you may win — they can not prove anything.”

Jim N

Sep. 5, 2011, 10 a.m.

@ibsteve2u and @texasdraw
There are two basic problems here:
Nobody likes corrupters and nobody likes moochers, etc.
Think about it, does anybody like to be stolen from or have somebody mooch off them?  So that is not the problem (do you get it?)
Years ago I did a research report on “problem analysis” for a national planning organization about the social security problem that is now starting to become urgent.
First, people are pretty clueless about deep, complex problem analysis, which is why most social-political problems persist.  Second, people don’t take the right kind of action.
Animal brains cannot handle more than two things at the time.  So it is easier to see black and white (Republicans and Democrats) than gray.  That’s why those without power (99.9% of people) always lose, even if they don’t know that they lost.)  The fact is that 99.9% could have 2 to 5 times the wealth that has been ripped off by the .1 percent, and most don’t even know it.
The people who are posting here feel powerless, but the solution involves a lot more than just complaining.
When something fundamental is broken (the use of power), you need to get to fundamentals to fix it, or it will never get fixed, and that includes the mortgage mess.
You have to act at the individual level AND you have to act at the group/organization level, or believe me, you will get clobbered.
Rather than just talk (or write), do the walk.  Contact rdsmith08 AT gmail.com.

carie

Sep. 5, 2011, 12:28 p.m.

ALL foreclosur­es were/are illegal—-­loans weren’t “loans”—-­no “mortgages­”—-just “manufactu­red default”—­-Wall StreetBank­s/GSE’s ponzi schemes have destroyed America—-­where is the JUSTICE??? :

“Fannie and Freddie—-G­SEs—-could not just sell the Note- on performing loans—- this would be securities fraud to the GSE security investors. The Note (and it’s receivable stream) had to be falsely placed in default and charged-of­f in order to sell the “Note”—- but, when this happens the Note no longer exists—thu­s, all that is sold is collection rights to a once existing note.
Security investors fund the BANK—not the borrowers—­there is no direct relationsh­ip between security investors and borrowers. If banks are able to sell their income stream, that is an accounting transactio­n—it is not a “loan” to borrowers. This is why security investors are NEVER the creditor.
Collection rights transfers are not funded by borrower transactio­ns (ie fabricated refinance)­. Collection rights are transferre­d by assignment­—not NOTES (which is why NOTES are fake). When some people here talk about Non-Deposi­t “trust” non-member­s—they are referring to derivative transactio­ns—that “SWAP” out collection rights—alt­hough the credit enhancers pay cash for collection rights—the­y use insurance for the purchase of the rights. This is why the subprime was so profitable­—the bank debt buyers put up no cash for transactio­n—but, were then able to profit by the “sale” of the receivable pass-throu­ghs to security investors.­. This is also why MBIA (insurance co.) legal action against BOA and others is hugely important.­”

Sam

Sep. 5, 2011, 6:17 p.m.

I’m fighting Ocwen, Deutsche, Morgan Stanley and Dean Witter. Been a rough 3 years, Just had summary judgement tossed at me by the magistrate despite the fraud of robo signers and a notary not even licensed by the state of Florida.  However, I have a good lawyer and the state of Ohio AG is promising criminal charges.  However, I know the common please judge will rubber stamp his magistrate’s decision and is too stupid and lazy to understand how illegal and immoral this all is.

Fight back is right!  The four AG’s NOT buying into the money deal need to keep it going and toss these bandits into jail.

Gloria

Sep. 6, 2011, 1:55 a.m.

My heart goes out to everyone that is commenting on this page, i am crying for you in my heart, and also, crying for America, that is really not existing anymore.  It is so crooked, in so many areas.  I do have some questions, though…We bought this house in 2005, and moved in during 2006, after some remodeling.  B.O.A. has the note, which was sold, sold, etc…We have been lucky to date, and haven’t missed any payments, even though that sometimes left us with $6.50 to our name…my question is :  Does anybody really have a mortgage doc for this house?  Am I paying stupidly?  They keep trying to get us to refinance, but we don’t want to with BOA, because we hate them.  I am wondering if they might be trying to have us sign a NEW LOAN DOC, because no one has the old one…?  I am hearing that right now 3 million homes have hit foreclosure, but 6 million more are set to go…

ibsteve2u

Sep. 6, 2011, 11:27 a.m.

@Jim N:  I don’t see diddly-squat in “black and white”.

I have, however, accomplished enough significant…tasks…in my lifetime to know that you always address the greatest threat first - and that would be the Republicans.

They have had “enablers” and willing “co-conspirators” among the Democrats, but the policies - “flood-up/trickle-down” economics, forced oil addiction/forced oil payments, deregulation, and inequitable free trade - that have and are hurting America the most are innately Republican for the simple reason that each benefits that few who are “the right”....that few who are the true constituents of the Republicans.

At the expense of vast majority of the American people, whom the Republicans see only as prey.

That is why I focus on the Republicans.  lolll…and, of course, there is another factor that influences me:  I doubt not that those Democrats who have been “co-opted” by the right will strive to “fly right” once they begin to see Republicans falling.  The absence of courage among the corrupt has been a truth throughout the history of humanity.

ibsteve2u

Sep. 6, 2011, 12:27 p.m.

In rereading my comment (a habit of mine; I always like to torment myself with the spelling and grammatical errors that I did not catch before I committed the comment), I am again struck by the unfortunate irony of the Republicans representing “the right”.

There are so many phrases indicating potential positive outcomes that use the word “right”...do the right thing…fly right…the right way to act…two wrongs don’t make a right…on and on and on - yet the worst chapters in human history are associated with “the right”...with “conservatism”.

Historians, sociologists, economists, military strategists, and psychologists should create a scale somewhat akin to the Saffir–Simpson scale that we use to determine when relatively harmless storms become dangerous hurricanes for application in measuring the behavior of “the right”.  That way, just like we now use the Saffir-Simpson scale in order to know how to discern a tropical storm from a hurricane, the public might better know when the hot air of “the right” had become the threatening gales of “the wrong”.

(It is obviously a little late for this political storm season, of course.  The right’s destructive behavior ramped up to threatening levels way back in the 1970s when they sided with the Islamic OPEC nations against the United States of America.  But that act does suggest a good measure to use on my proposed political threat scale:  When “the right” begins to support policies that are economic and strategic threats to the people of the United States of America and, consequently, the nation itself.)

Barry Schmittou

Sep. 6, 2011, 1:05 p.m.

Steve,

Your writing and thinking skills make many of your posts informative and sometimes funny at the same time. The last comment is a great example.

I would add that there could be a Hyporight scale that would compare to a Hypocrite scale, especially when the right (or left) starts talking about their religious callings.

I understand your earlier comments about focusing on the rights injustices; I used to be the same, but then I experienced all the things posted at treasonevidence.blogspot.com and I realized that the leaders of both political parties have now joined in being equally evil.

Malcolm McLean

Sep. 6, 2011, 4:58 p.m.

Why on earth is it taking so long…..

I have been broadcasting to anyone that will listen - that there is massive insurance fraud!

All these fraudulent foreclosures where for that simple reason - to get the insurance money.

AIG and Fannie and Freddie were bailed out so they coulds write checks to the banks that were - well, bailed out.

It took a civilian attorney to bring to the media’s attention that banks and their law firms were ‘robo signing’ that is faking signatures of notaries, bank officials that did not exist, borrowers, originating bank loan officers - anyone - and THE JUDGES WERE RUBBER STAMPING THESE DOCUMENTS!

Come on - nobody at the courts caught the fact that none of the signatures were the same? Pleeeeze!

The judges were in bed with the law firms.

For a judge to say it wasnt his job to investigate and that the ‘word’ of a representative of the bank was good enough to foreclose on someone is hypocritical and absurd.

The judges lied and were part of the conspiracy.

Neil

Sep. 6, 2011, 5:50 p.m.

ENDLESS FRAUD DETECTION SERVICES HAS THE ANSWER TO THIS WHOLE MESS!!!!!

CALL THEM TODAY!!!!

1-800-788-2196

THEY HAVE PRIVATE INVESTIGATORS KICKING THE CRAP OUT OF THE BANKS.  THEY HAVE CLIENTS WHO HAVE WON THEIR HOMES FREE AND CLEAR (NO MORE MORTGAGE!!!!). 

THE GOV. BAILED OUT THE BANKS AND THEY BEAT UP THE PEOPLE WHO SAVED THEIR BUTTS (THE TAX PAYER).....NOW ITS TIME TO SAVE THE HOMEOWNERS.

STOP THE ABUSE GET THESE GUYS ON YOUR SIDE.

sam

Sep. 7, 2011, 11:56 a.m.

I have a country wide /BofA that I could not qualify for mod on thanks to the income tax statement. I own my company and only pay myself from profits after tax. So my income based on tax statements in not as high as my proof of income statements. This meant that I could not qualify for the payments based on how much they could reduce my loan to. Plus since I was self employed my loans rate was very high. The loan has been in default for over 2 years as I have tried to sell it. Thanks to the current market according to 3 different Realtors who all had 90 to 180 days to sell it for what we owed.
The bank called me the other day and asked if I could pay the 45k in payments to catch it up. Now I have to sell it for over 200k to pay it off. Original balance was 150k. or face what?
I don’t think I going to get any help for being in this position but I do hope people that were lied to like I have been, get what they deserve under the rules this country was founded on. I don’t think we will ever see any justice in the banking industry.
Thank you Propublica for offering this forum.

carie

Sep. 8, 2011, 12:51 p.m.

Sam and Gloria:


I went through the “loan mod hell”—-which is all BS, they just want your house so they can take it off their “books”—-but then I started digging and found out the truth:


1. Look up FDCPA—-Fair Debt Collections Practices Act.

2. Does your monthly statement say: “We are a debt collector attempting to collect a debt” ANYWHERE???  And is it being “collected” by a SERVICER???  If so, then it is MOST LIKELY unsecured debt because of the fake mortgage FRAUD.

3. The laws of the FDCPA allows you to send CEASE AND DESIST letters and DISPUTE OF DEBT—-forcing them to identify the true lender/creditor that your monthly payments are going to—-not just a servicer/debt collector—-YOU MUST DEMAND THEY CEASE AND DESIST ALL ATTEMPTS TO COLLECT ON THE DEBT—-then say “I intend to settle this account with the ORIGINAL CREDITOR.

4. Because of the FRAUD AT ORIGINATION of your “fake loan” (if it was subprime), they cannot come up with a MORTGAGE LOAN SCHEDULE OR A MORTGAGE LOAN PURCHASE AGREEMENT…or even a ledger and balance sheet proving your payments are going to an actual, verifiable LENDER?CREDITOR.

5. I asked for these things in a QWR—Qualified Written Request—-letter, and they have stopped billing me for my FAKE mortgage…which is actually like credit card debt—-collection rights sold over and over…

6. So, I am NOT an attorney, but you can challenge them and FIGHT BACK—-QWR and CEASE AND DESIST?DISPUTE OF DEBT—-it’s your choice…I choose not to pay for fraud on an unprecedented scale…what have you got to lose?  Go down fighting—-or fight hard—-make them PROVE it—-you will see that they CAN’T prove anything!!!!!


Read comment section on livinglies.wordpress.com for more information…

Catherine L. Glass

Sep. 9, 2011, 9:27 a.m.

This is directed to Carie.  I am interested in your post.  I had a refinance back in approx 2003 (Subprime and mortgage company was sued and I got approx $800 in settlement).    Since my mortgage has been sold to Saxon Mortgage.  I tried to work with them approx. 5 years trying to get a mod or refi.  Approx. I sent numerous packages to them in this attempt.  September year 5, I received a letter from them saying the investor would not allow this.  Approx. 6 months later, they sold mortgage to Ocwen who services it.  I have also made attempts to get a mod or refi through them to no avail.  They always ask for financial package and that is as far as it goes.  I have an adjustable rate mortgage at 9% which can go to 15%.  The problem is that I am once retired, still working full time, almost 70 years of age and would like to retire.  I do not feel I can retire with an interest rate that may jump from 9 to 15%.  I would probably not be able to pay the payment then and would probably lose my home.  It is quite a quandry.  Need to know anything anyone provide to me in this endeavor.  Thank you.

neil

Sep. 9, 2011, 11:37 a.m.

STOP COMPLAINING…..

IF YOU ARE NOT GOING TO TAKE ACTION AND GET PEOPLE WHO KNOW WHAT THEY ARE DOING AND HAVE THE BACKGROUND TO BACK YOU UP, YOU ARE JUST SPITTING OUT HOT AIR.

DO YOU KNOW HOW MANY PEOPLE SCREAMING FOR HELP FROM THIS POST HAVE CONTACTED US FOR HELP….....NONE!!!!

THINK ABOUT THAT…..NONE OF YOU SCREAMING FOR HELP ACTUALLY TOOK A FEW MOMENTS TO CONTACT STATE LICENSED PRIVATE INVESTIGATORS TO HELP YOU….

NO WONDER WE ARE IN THE MESS WE ARE IN….LOTS OF YELLING, KICKING AND SCREAMING….BUT NO ACTION….......

ENDLESS FRAUD DETECTION SERVICES HAS THE ANSWER TO THIS WHOLE MESS!!!!!

CALL THEM TODAY!!!!

1-800-788-2196

THEY HAVE PRIVATE INVESTIGATORS KICKING THE CRAP OUT OF THE BANKS.  THEY HAVE CLIENTS WHO HAVE WON THEIR HOMES FREE AND CLEAR (NO MORE MORTGAGE!!!!).

THE GOV. BAILED OUT THE BANKS AND THEY BEAT UP THE PEOPLE WHO SAVED THEIR BUTTS (THE TAX PAYER).....NOW ITS TIME TO SAVE THE HOMEOWNERS.

STOP THE ABUSE GET THESE GUYS ON YOUR SIDE.

carie

Sep. 9, 2011, 12:07 p.m.

@Neil—-because of the banks/wall street/government mortgage fraud we are TOO BROKE TO PAY YOU…


reposting:


“. ..You should be preparing to demonstrat­e that the loan was not validly conveyed to any Trust (which they were not). Do this by requesting the Mortgage Schedule which should accompany the Mortgage Loan Purchase Agreement (MLPA) — and the MLPA cannot be an “intent” to sell — it must be validly executed and notarized (we know about those notaries). And, importantl­y, if MLPA and Mortgage Schedule can be proven, servicer must prove that all default payments have been paid to the trust on borrower’s behalf. If not, loan has been removed from the Trust with collection rights sold/swapp­ed to a Third Party…
…They have NO RIGHT to foreclose—I believe they are in DIRECT violation of FDCPA by even threatening to foreclose on UNSECURED DEBT. Send CEASE AND DESIST/DISPUTE OF DEBT and demand FULL accounting–with Mortgage Loan Purchase agreement and Mortgage Loan Schedule (they don’t have unless fraudulently fabricated!!!), —send letters to ALL addresses—certified—and to any fax numbers you have. State TILA, RESPA, and FDCPA laws…
Let them know in no uncertain terms that you are on to their lies and fraud.
“…parties here working for the crooks —some here trying to make a business on fraud against homeowners. It simply is not acceptable.
Second, once all proprietary “records” are finally divulged, subprime refinancing fraud is exposed — game over for those who are still trying to making a buck on the fraud.
…securitization of fraudulent “collection rights” — was a scam from the onset — never MBS — get your heads out of MBS — these “refinances” (not actually refinances) — were “loans” REJECTED from traditional MBS — credit enhancement was created from layers of mezzanine tranches for credit default swaps — (purchase of collection rights) — and were NEVER secured mortgages. This is what caused the financial crisis FALL. Understand that subprime securization was manufactured securitization fraud.
…the direction in courts — has been fraud upon the court — over and over — and, this is finally surfacing. There was no “funding” — PERIOD. —- All that existed was a purchase of collection rights from GSEs — by which “purchase” was covered by insurance for fabricated default and rejects.
…if you want to say that any borrower is responsible for any non-”funded” loan — that fabricated “funded” loan is unsecured — because there was NO VALID MORTGAGE.
…There is NO lender. NO LENDER. NO FUNDING — NO MORTGAGE — Just your good “ole” debt buyer shyster — for unsecured fraudulent collection rights.
If anyone here chooses to think otherwise — you are — and have been — barking up the WRONG tree — and not battling the battle that needs to be fought.
You are, instead, feeding the “investors” to falsified collection rights — and giving credibility to a loan that is not a loan — and not a mortgage.
You are feeding the homeowners to “wolf” debt buyer “investors” — as they prefer to be called.
Proof?? in the mortgage data base proprietary files.”

carie

Sep. 9, 2011, 12:11 p.m.

@Catherine Glass—-it’s ALL a pack of lies—-fraud on unprecedented scale—-covering up what I just posted…

neil

Sep. 9, 2011, 12:54 p.m.

In Re; carie

@Neil—-because of the banks/wall street/government mortgage fraud we are TOO BROKE TO PAY YOU…

I can tell you with the utmost certainty why you are all getting your teeth kicked in.

1:  Any claims, evidence or statements made by you is biased and prejudiced… you have an interest in the outcome of the case.

2:  The only way you will win against the banks is evidence presented by an uninterested third party with credentials, licenses, certifications…etc, period, end of story!!!! 

3:  Reading something online does not make you an expert.  It takes years of experience to be an expert let alone an expert witness.  Although you may be absolutely correct in your assertions if it is not coming from someone else the courts will ignore it.

4:  One of the biggest scams we see going on right now is homeowner defense attorneys putting no evidence on the table for their client and then when they lose they shrug their shoulders, say better luck next time, by the way you still owe me $3000.00.  Now that’s a scam.

5:  We have clients who have won their homes free and clear with our Chain of Title Investigations….. how many companies out there can say that????

As far as your excuse “we have no money”......

Welcome to America, some how we’re all broke! But, let’s examine the cost of fighting to keep your home vs. giving up or giving in and moving out.

The national average rent in this country is $1,000.00. That means you have to come up with first months rent, last months rent and a security deposit that’s a total of $3,000.00. (remember you have a fresh foreclosure on your credit report!!!!)

How were you planning on paying these expenses if you have no money?

Not to mention that if you fail to pay your rent you will be doing this all over again and remember now you have a foreclosure on your credit report, which will inhibit your ability to get an apartment, rent a house, etc.

Now let’s look at the cost of moving. On average it cost about $750.00 to move. Plus you can add in the transfer fees for all your utilities, the hassle of changing your address and let’s not forget the emotional stress of having to move. If you can’t find an affordable place in your area and you have children they may have to go to a different school, leave all their friends, school activities and relationships they have build with the school staff. How much is that stress worth?

That’s $3,000.00 + $750.00 = $3,750.00 to start over.

In the end it is cheaper to stay and fight then it is to tuck tail and leave. 

So how long has it been sense you paid on your mortgage?  For many of you it has been years so…..telling people who have the capabilities to help you that you have no money is confusing to say the least. 

Funny thing is we have worked with single parents all the way to retirees and somehow as soon as they truly see the value and benefits our service puts on the table for them they some how seem to be able to come up with the necessary funds.

It really all comes down to this, DO YOU WANT TO SAVE YOUR HOME?  “YES” then you need evidence and an expert witness to back up your claims!!!

carie

Sep. 9, 2011, 2:08 p.m.

Okay—-what’s the EXACT number of “free and clear” houses have you won?  How? Have a heart and tell us—-right here, right now…uh huh…I thought so…

carie

Sep. 9, 2011, 2:23 p.m.

“. ..Mortgage Loan Purchase Agreement and Mortgage Schedule cannot be proven…
...once all proprietar­y “records” are finally divulged, subprime refinancin­g fraud is exposed — game over for those who are still trying to making a buck on the fraud.
…securitiz­ation of fraudulent “collectio­n rights” — was a scam from the onset — never MBS — get your heads out of MBS — these “refinance­s” (not actually refinances­) — were “loans” REJECTED from traditiona­l MBS — credit enhancemen­t was created from layers of mezzanine tranches for credit default swaps — (purchase of collection rights) — and were NEVER secured mortgages. This is what caused the financial crisis FALL. Understand that subprime securizati­on was manufactur­ed securitiza­tion fraud.
…the direction in courts — has been fraud upon the court — over and over — and, this is finally surfacing. There was no “funding” — PERIOD. —- All that existed was a purchase of collection rights from GSEs — by which “purchase” was covered by insurance for fabricated default and rejects.
…if you want to say that any borrower is responsibl­e for any non-”funde­d” loan — that fabricated “funded” loan is unsecured — because there was NO VALID MORTGAGE.
…There is NO lender. NO LENDER. NO FUNDING — NO MORTGAGE — Just your good “ole” debt buyer shyster — for unsecured fraudulent collection rights.
Proof?? in the mortgage data base proprietar­y files.”

Neil

Sep. 9, 2011, 2:47 p.m.

In Re: Okay—-what’s the EXACT number of “free and clear” houses have you won?  How? Have a heart and tell us—-right here, right now…uh huh…I thought so…

Am I dealing with an adult or a child here?  Because your response comes off as very childish!!!

I gave you and everyone else an honest answer on how to deal with this debacle and that is how you respond….....hmmmm this must be an ego thing then!!!

But, to answer your question our clients have had a lot of success with our Investigative reports.  Company confidentiality precludes me from giving an exact number, however, we can point to public records documents to illustrate my point here.  Sorry its an honor thing with us!!! 

To give you the most recent case of a gentlemen who won his home free and clear here locally in Travis County Texas you can go check out the pleadings yourself D-1-GN-11-001991.

Ok so give me some docket numbers of homes you have had success with!!!!

Now I have to ask you something…

What are your credentials to be on here giving anyone advice?  How long have you been a Private Investigator, how long have you been a Forensic Mortgage Loan Auditor, how long have you been doing Real Property Asset Securities Audits, how many people have you helped stay in their home, how long have you been in business? 

We have been in business sense “07” which gives us a far Superior understanding of what’s going on in the market place then 99% of the people out there.  Also, you don’t stay in business that long if you are screwing people.  That is simple economics!!!

WARNING: Just because someone reads stuff on the internet does not make them an expert.  It may make them informed,  but that’s it!!!

Jim N

Sep. 9, 2011, 6:50 p.m.

People who are in the process of losing their homes or have already lost their homes have four basics choices.

1. They can work by themselves to get justice.
2. They can hire somebody to represent their stake
3. They can band together.
4. A combination of 1-3.

There are actually a lot of ways to get matters resolved, but hardly any involve doing things by yourself.  And if they solution is to go at it alone, it is 10 times harder.

I am advocating that people band together.  There now is actually a way for many people to own real estate again, probably for less money than what they owed when they lost their property, but only if they work together.

Last year I formed a not-for profit to work as a way to organize people’s efforts.  If an organization represents you, results are usually better.  There are no fees, but we need to work together.  I am donating my time but cannot do everything by myself.  I have not lost a property and do not have a property in foreclosure.  I am just an activist who wants to see justice done.

If you are willing to take action and organize send an email to .(JavaScript must be enabled to view this email address).

Jim N.

carie

Sep. 13, 2011, 12:17 a.m.

Neil, I don’t need to pay an “expert witness” trying to make money off of fraud…it’s all unsecured debt…this I KNOW…

The sooner we address the “elephant in the room”—-the sooner we can have justice for defrauded homeowners.

Neil

Sep. 13, 2011, 10:42 a.m.

Although I am not an attorney…..law school 101 states that you win cases with evidence and an expert witness (preferably two or more). 

If you refuse to acknowledge this simple fact and want to run around mac five with your hair on fire telling everyone they don’t need expert witnesses to win their case you are working for the banks and not against them (Hmmmm that would actually explain some of your post).

GOOD LUCK DEFENDING YOUR HOME!!!

For the rest of us required to work in the real world.  Ask any attorney….if you go to court with nothing in your hands to substantiate your claims your in big trouble (remember just because you say its so does not mean the courts are going to believe you!!!).

I also noticed you did not validate anything I asked you too.  Just on here spitting hot air out. 

You called me out and I answered…...now you refuse to do the same. 

If you want people who actually know whats going on go to endlessfrauddetection.com

The only way your are going to win your home from these thief’s is you beat them at there own game, plan and simple, end of story.

WARNING:  This person has no idea of what she is talking about!!!! Listen to her at your own peril!!!!

carie

Sep. 13, 2011, 1:08 p.m.

You’re the only one here trying to make a living off of fraud…I’m certainly not.

carie

Sep. 13, 2011, 1:13 p.m.

Courts have been paid to “push” foreclosures through—-because situation is unprecedented:


“. ..Mortgage Loan Purchase Agreement and Mortgage Schedule cannot be proven…
...once all proprietar­y “records” are finally divulged, subprime refinancin­g fraud is exposed — game over for those who are still trying to making a buck on the fraud.
…securitiz­ation of fraudulent “collectio­n rights” — was a scam from the onset — never MBS — get your heads out of MBS — these “refinance­s” (not actually refinances­) — were “loans” REJECTED from traditiona­l MBS — credit enhancemen­t was created from layers of mezzanine tranches for credit default swaps — (purchase of collection rights) — and were NEVER secured mortgages. This is what caused the financial crisis FALL. Understand that subprime securizati­on was manufactur­ed securitiza­tion fraud.
…the direction in courts — has been fraud upon the court — over and over — and, this is finally surfacing. There was no “funding” — PERIOD. —- All that existed was a purchase of collection rights from GSEs — by which “purchase” was covered by insurance for fabricated default and rejects.
…if you want to say that any borrower is responsibl­e for any non-”funde­d” loan — that fabricated “funded” loan is unsecured — because there was NO VALID MORTGAGE.
…There is NO lender. NO LENDER. NO FUNDING — NO MORTGAGE — Just your good “ole” debt buyer shyster — for unsecured fraudulent collection rights.
Proof?? in the mortgage data base proprietar­y files.”

Neil

Sep. 13, 2011, 1:57 p.m.

GOOD LUCK PROVING THAT IN COURT!!!!

LET ME KNOW WHEN YOU OWN YOUR HOME FREE AND CLEAR…...THEN WE CAN TALK…..UNTIL THEN YOU HAVE NOTHING OF SUBSTANCE TO PROVE WHAT YOU ARE SAYING, AGAIN….

What are your credentials to be on here giving anyone advice?  How long have you been a Private Investigator, how long have you been a Forensic Mortgage Loan Auditor, how long have you been doing Real Property Asset Securities Audits, how many people have you helped stay in their home, how long have you been in business?

LET ME GUESS YOU ARE EXPECTING PEOPLE WHO HAVE SPENT YEARS ON THIS PROBLEM BECOMING INDUSTRY EXPERTS TO DO IT FOR FREE…..LOL THAT’S A JOKE.

YOU GET WHAT YOU PAY FOR….IF YOU PAID NOTHING FOR SOMETHING YOU GET NOTHING IN RETURN.

PLEASE STOP WASTING EVERYONE’S TIME!!!!!!

carie

Sep. 13, 2011, 2:10 p.m.

I’m not “wasting everyone’s time”...I am merely revealing the truth that has been obfuscated for far too long…funny how upset you are getting about that…hmmmm….

Bill

Sep. 13, 2011, 2:46 p.m.

Hi carie
Did you loose your home?...Did you fully read and understand all of your contract with your loan company?

should home builders just sell direct to buyers if that is even possible and by-pass loan companies?

did you or do you have a Lawyer?

what are you personally doing to resolve your problem rather than give ill conceived advice ?

with so many Americans out of work which party, “if any” will put them back to work?

do you believe in any goverment intervention?..what level, state or federal or???

Is our education system, roads,technology up to par with leading countries and can state goverment or no goverment improve to bring America back to par with other world powers and what time frame do you perdict.

If you were asked to leave this country where would you move to?

thankyou for replying

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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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