I am merely an attorney who like so many others is overwhelmed by the onslaught of millions of defaults, modifications, foreclosures, trustees sales, notices to vacate ,unlawful detainers and sheriff’s lockouts.
In California a nonjudicial state a foreclosure can occur on the mere word of a lender without the original note or assignment of the original deed of trust. A then former homeowner can then be evicted by giving notice to vacate constructively (without notice) have a summons “Posted and Mailed” (again no actual notice) a default judgment taken (no trial) and a writ issued and the Sheriff’s instruction to evict issued and enforced.
I am about fighting this process, by 1. providing as much information as possible to allow homeowners to fight this process and 2. by litigation to protect those rights allegedly guaranteed by our constitution.
While I am an attorney the sheer number of cases no individual firm that I know of is capable handling competently. Most all non-profit foreclosure and legal aid service can provide only limited services. We have much to talk about this year as we push forward. By all accounts, the economy, the dollar, the foreclosures, the job situation etc are all getting worse by the minute.
Even if Obama is a magician it will be 2 years before there is a glimmer of hope. The homeowner aid programs are window dressing. Even the Sheila Bair one from FDIC/Indy Mac while well-intentioned does little for most homeowners. The ONLY hope for homeowners and the only hope for our economy is if we face the music and take the free market enthusiasts at their word, to wit: everyone agrees they artificially inflated real estate values and those values are still too high for the market to support. The only reason the “values” are stated so high is that the sellers are still deluding themselves in their asking prices. There is at least another 20% to go. As the Niel Garfield Continuum says, we are only in about the 2nd or 3rd inning of a 9 inning game that might go into overtime.
Loan Mod’s that leave homeowners under water simply will not work. People are not that stupid. It is easier to walk from the house and rent or buy another at real (lower) values.
Thus Litigation against the lender plan is the only viable option — get rid of the note, obligation and mortgage altogether or at least force a modification that will bring the obligation to around 80% of true fair market value. Only a credible threat to the financial services sector pushing foreclosures will result in this relief. The threat comes from understanding and enforcing the basic law applicable to these mortgages — they screwed up and now they want borrowers to sign new paper that clears up their screw up and leaves the borrower in a horrible position.<a href=”www.thestopforeclosureplan.com”> http://www.thestopforeclosureplan.com/Contact.html
CALIFORNIA LEGISLATURE FINDINGS
1. Recently, the California Legislature found and declared the following in enacting California Civil Code 2923.6 on July 8, 2008:
(a) California is facing an unprecedented threat to its state economy because of skyrocketing residential property foreclosure rates in California. Residential property foreclosures increased sevenfold from 2006 to 2007, in 2007, more than 84,375 properties were lost to foreclosure in California, and 254,824 loans went into default, the first step in the foreclosure process.
(b) High foreclosure rates have adversely affected property values in California, and will have even greater adverse consequences as foreclosure rates continue to rise. According to statistics released by the HOPE NOW Alliance the number of completed California foreclosure sales in 20′07 increased almost threefold from 2002 in the first quarter to 5574 in the fourth quarter of that year. Those same statistics report that 10,556 foreclosure sales, almost double the number for the prior quarter, were completed just in the month of January 2008. More foreclosures means less money for schools, public safety, and other key services.
(c) Under specified circumstances, mortgage lenders and servicers are authorized under their pooling and servicing agreements to modify mortgage loans when the modification is in the best interest of investors. Generally, that modification may be deemed to be in the best interest of investors when the net present value of the income stream of the modified loan is greater than the amount that would be recovered through the disposition of the real property security through a foreclosure sale.
(d) It is essential to the economic health of California for the state to ameliorate the deleterious effects on the state economy and local economies and the California housing market that will result from the continued foreclosures of residential properties in unprecedented numbers by modifying the foreclosure process to require mortgagees, beneficiaries, or authorized agents to contact borrowers and explore options that could avoid foreclosure. These Changes in accessing the state’s foreclosure process are essential to ensure that the process does not exacerbate the current crisis by adding more foreclosures to the glut of foreclosed properties already on the market when a foreclosure could have been avoided. Those additional foreclosures will further destabilize the housing market with significant, corresponding deleterious effects on the local and state economy.
(e) According to a survey released by the Federal Home Loan Mortgage Corporation (Freddie Mac) on January 31, 2008, 57 percent of the nation’s late-paying borrowers do not know their lenders may offer alternative to help them avoid foreclosure.
(f) As reflected in recent government and industry-led efforts to help troubled borrowers, the mortgage foreclosure crisis impacts borrowers not only in nontraditional loans, but also many borrowers in conventional loans.
(g) This act is necessary to avoid unnecessary foreclosures of residential properties and thereby provide stability to California’s statewide and regional economies and housing market by requiring early contact and communications between mortgagees, beneficiaries, or authorized agents and specified borrowers to explore options that could avoid foreclosure and by facilitating the modification or restructuring of loans in appropriate circumstances.
2. “Operation Malicious Mortgage’ is a nationwide operation coordinated by the U.S. Department of Justice and the FBI to identify, arrest, and prosecute mortgage fraud violators.” San Diego Union Tribune, June 19, 2008.
3. “Home ownership is the foundation of the American Dream. Dangerous mortgages have put millions of families in jeopardy of losing their homes.” CNN Money, December 24, 2007.
4. “Finding ways to avoid preventable foreclosures is a legitimate and important concern of public policy. High rates of delinquency and foreclosure can have substantial spillover effects on the housing market, the financial markets and the broader economy. Therefore, doing what we, can to avoid preventable foreclosures is not just in the interest of the lenders and borrowers. It’s in everybody’s best interest.” Ben Bernanke, Federal Reserve Chairman, May 9, 2008.
5. “Most of these homeowners could avoid foreclosure if present loan holders would modify the existing loans by lowering the interest rate and making it fixed, capitalizing the arrearages, and forgiving a portion of the loan. The result would benefit lenders, homeowners, and their communities.” CNN Money, id.
6. On behalf of President Bush, Secretary Paulson has encouraged lenders to voluntarily freeze interest rates on adjustable-rate mortgages. Mark Zandl, chief economist for Mood’s commented, “There is no stick in the plan. There are a significant number of investors who would rather see homeowners default and go into foreclosure.” San Diego Union Tribune, id.
7. “Fewer than l%• of homeowners have experienced any help “from the Bush-Paulson plan.” San Diego Union Tribune, id.
8. The loss belongs where it was created — on Wall Street and Main Street Banks that rented their charter to Wall Street operatives who caused an unprecedented collapse of loan underwriting standards and crossing the line into fraud, forgery, and creation of false documentation. Companies SHOULD fail. Banks SHOULD fail. Borrowers CANNOT fail — because they are the backbone of the country and the economy.
9. There are plenty of lenders, investment bankers and money managers who did not play the game and are perfectly healthy. Bailout money should go to the players who played by the rules and are healthy. They are the ONLY ones who can and will lend, thus freeing up, somewhat, the tightening death grip of no credit and thus no commerce.
Lastly I am devoted to fighting this process by 1. Providing as much information, pleadings, discovery, publication of relevant cases as possible to allow homeowners to fight this process 2. Through the judicial process attempt to protect those rights allegedly guaranteed by our Constitution.
How a Foreclosure Defense Attorney Can Help You Save Your Home
Home foreclosure can be a confusing process. Many homeowners are faced with stress and anxiety when dealing with the thought of loosing their home. Because of this fear, many families just sit back and let the foreclosure process happen. The good news is, there are ways to avoid home foreclosure. Foreclosure defense attorneys of the McCandless Law Firm help families regain their home and get their life back in order.
With the help of the McCandless Law Firm or the bankruptcy division, homeowners can learn ways to save their home. There are many different options based on each homeowner’s personal situation. It is best to discuss all of these options with an attorney before taking any steps. Below are some ways in which attorneys can help avoid home foreclosure.
1. Your attorney may suggest that you file for bankruptcy. While not all forms of bankruptcy allow you to keep your home, some do. If you are in huge financial trouble, this may be a good way to avoid home foreclosure. Although it takes time and effort, bankruptcy can allow you to get a fresh financial start, including allowing you to keep your home. It is important to talk with an attorney to make sure this is the best choice for your situation.
2. Loan modification is another option to stop home foreclosure. This is not always a possibility, but for those who can take advantage of this opportunity, it can lower monthly mortgage payments. An attorney can work with you to see if this is a possibility. Successful homeowners, who use this method, are able to afford their mortgage payments and keep their home, thanks to lower monthly payments. Speak with an attorney to learn the processes and see if you qualify.
3. If our attorney suspects your home foreclosure to be illegal, they may want to file a lawsuit against your lender. Not only may your attorney save your home in the long run, but will make it harder for your home to be possessed because of the open lawsuit. If foul play is involved in your foreclosure situation, your attorney may be able to avoid foreclosure altogether.
These are some ways in which attorneys can help you stop home foreclosure. It is important to fight back. Every day, people watch their homes be taken away from them, when in actuality; they may have been able to stop the foreclosure. It is best to stay informed and educated on the home foreclosure process. Consult the McCandless Law Firm to discuss your options, and learn the different ways to fight back.
If you want to learn more about the home foreclosure process and learn ways to keep your home visit www.timothymccandless.com. The Foreclosure Defense Program offers resources on avoiding home foreclosure. Put up a fight and learn how important foreclosure defense is!
Timothy,
I find your blog very informative and appreciate the content you share with your readers. I am a mortgage auditor in Maryland helping distressed borrowers facing foreclosure by examining their loan documents for TILA violations, fraud and predatory lending practices. I am always looking for skilled lawyers who can help my clients and I will place you on my list of attorneys for referral.
Dean
http://www.nationalloanaudits.com
I’ve been served with a Writ of Possession and my eviction date is 8/20. I was working with another attorney who was trying to arrange for me purchase the house from the bank since it went back to them at the auction. The house is in my husbands name and I have been approved to purchase it. Now the attorney told me that I can’t because it’s an FHA loan and has to be delivered vacant but I could always buy it back after I move out. I’m also pretty sure they can’t produce the original note. It has changed 3 times and only documented one of those times. They filed a loss note affadavit and now I’ve discovered the Loss Note Defense in regards to the TILA. Since the eviction has already been scheduled do I have any way of filing a motion to stay or extend? I’m certainly willing to pay an attorney. It is a good idea to request a Mortgage Audit (forensic) or am I too late for that too? I really don’t want to lose the house and thought I was going to be able to buy it back until today. I think my attorney didn’t specialize in Foreclosures possibly. Dean are you aware of any cases like this and since you’re in Maryland can you recommend a good attorney? Thank, Tammy
Mr. McCandless,
We aprreciate your shining the light on corrupt loan modification companies in California. Bad Biz Finder is on the same page.
Loan modification scams have reached an all-time high in California. And Bad Biz Finder is reporting about it at WordPress. We welcome you to review the blogs at http://www.badbizfinder/wordpress.com.
There is a trend developing where law firms are “sponsoring” loan modification companies to circumvent The California Foreclosure Consultant Act, Civil Code Section 2945-2945.11. They believe that by asking their customers to sign “law firm retainer fee agreements,” that they are exempt from the Act and don’t have to be licensed by the California Dept. of Real Estate or follow strict guidelines set forth in the Act.
However, these “law firms” have no attorneys; the work is being performed by foreclosure consultants, and consequently, the law firms are breaking the law by sharing legal fees with non-attorneys since the only revenue to the “law firm” is legal retainer fees.
It is a gigantic fraud and very complex but we are unraveling it for our most vulnerable consumers today on our blog and since January 9 have had over 1000 hits. We have been tracking about 56 companies since November in Orange County, San Diego County, Los Angeles County, Riverside County and San Bernardino County.
We made an example of Parsa Law Group and National Loan Modification Center as they were one of the first companies we received complaints about and to date seem to be the most egregious. Beginning this week, we will begin releasing the evidence we have collected on other companies but we wanted to set a foundation of facts prior to that time so consumers could put the scams in 1 of 2 categories:
1. Loan modification companies not in compliance with The California Foreclosure Consultant Act; or
2. Loan Modification firms posing as law firms to circumvent The California Foreclosure Consultant Act.
Bad Biz Finder is a non-profit anonymous consumer advocacy organization based in Fremont, California with chapters all over the state. By the end of February we will have a location in Orange County to handle the overwhelming demand we are facing with this cause.
We hold true one singular mission: To offer consumers a source of unbiased facts vital to making informed decisions about everyday issues facing them everyday.
The organization seeks to unearth unethical, illegal and unconscionable practices by individuals, businesses, and organizations and sets the record straight so those who have been harmed have a remedy and those who have not are warned.
Its roots go back to the 1980s when the founder began to become vocal about the vulnerability of consumers and the companies, individuals and agencies that preyed on this vulnerability. Over the past three decades, Bad Biz Finder has championed hundreds of causes and has been an agent for positive change so that the so-called “little guy,” becomes a giant with purpose and power.
Since the late 1980s due to the constant and unnerving legal and personal threats against the organization and its volunteers, Bad Biz Finder has moved locations, changed names, added volunteers and consumer rights attorneys to better serve the public. It is for these reasons that it prefers its anonymity and maintains a simple email address badbizfinder@aol.com.
Bad Biz Finder is self-supporting and asks for nothing in return. Not one day goes by that the organization has not helped scared and hopeless consumers gain footing again, armed with facts that empower them, and for that we are proud.
We do not accept payment, donations, or gifts. In order for our work to be effective, we must be free of bias and completely objective. We simply ask the people we help to “pay it forward,” and help someone else for free that is in perhaps the same dire straits they once were and pass along our name as a trusted resource.
Bad Biz Finder
Please email me and send your contact information. We are looking for an attorney on a annunities case and would like to speak with you asap.
Morgan
Desperate for help. I am facing $250,0000 loss in my home. Sale date is June 1, o9. My #760
244.6248
what happens if trustee does not publish a notice of sale in the local newspaper in accordance with CA statues 33-808 A(4)
THE SALE COULD BE SET ASIDE AND OR STOPPED WITH AN INJUNCTION
Tim,
I have a friend that is trying to reach you as her sale date is in 5 days and she needs your help!
Please email me your telephone number so she can set an appointment with ytour office in Riverside County.
Please respond?
elyse@gte.net
Dear Mr. Timothy McCandless:
Thank you! Thank you!, Thank you! so much for standing up to the Pittsburg Superior Court in the Contra Costa County. The homeowners you represented last Friday, were amazed and impressed on how you stood up and fearlessly faught for their rights.
This court has been ordering evictions like traffic tickets and treating homeowners as if we are the criminals.
Again, Thank You Mr. McCandless
From Contra Costa County, CA
Hi Tim,
Thanks for the depth of information on this site. I am facing eviction and have to send an answer to the Unlawful Detainer to the Pittsburg Superior Court tomorrow at 3PM (June 8, 2009). I am hopeless. I have my invalid father as a tenant..can he be used as a last resort to get some breathing space before being evicted?
Dear Tim,
I have been talking to a group that is moving to
educate it’s members to sue their lender for “the
note”, “the gaap” etc. In my effort to find case law
I came across your site. What is your opinion of
someone representing themselves?
Thanks, Terry
Obviously this is a self serving statement but if you have passion and can spend countless hours researching all the areas of law applicable to your situation and the law in this area is evolving every 6 months. If you could also hire a paralegal to get you through the Civil procedure you could do it but be prepare to devote every waking hour of the day to the task. Also so many people get so devoted to the task they fail to realize that the overwhelming odds are on settlement and representing ones self tends to overlook the possibility of a settlement that would be satisfactory. Bottom line if you represent your self you may get frustrated because the is no one trying to settle the case. One must look at this litigation thing as means to an end. Ask yourself what am i trying to achieve. Get the house a today’s value at an interest rate of 5% or less is a reasonable objective, get you house free and clear of the note maybe not so.
AMEN- Not a self serving statement to follow:
Amen brother amen, I did go to law school 20+ years ago, shhhh I look young, but never chose to practice law for what you, Mr. McCandeless, are now facing in your legal career.
This problem, I now am starting to believe was a portion of the 80’s S&L debacle that didn’t get caught, as even in 1985 I, and many around me as well, KNEW- let me repeat that KNEW FOR A FACT- Countrywide was a dog lender and a choice of obvious last resort to get a loan approved.
“When nothing but fraud will do. Plan to serve the very best and go Countrywide..” lol not me but others.
I have spent at last guessonanumber figures over 2500 hours “catching up” on the law so that I can/could respond to this problem with some degree of proficiency. I said could as anymore and particularly with judges pension funds on the line have begun to wonder if that isn’t affecting judges decisions at least here in Maine.
I, with ADD who only needs 2-4 hours of sleep a night to function and well at that, am running out of steam, passion and what not required to go on. But with our home at stake I have no choice but to go on. Thank goodness for the ADD quality that doesn’t allows us to give up on things we believe in once we get started. Of course I have lost 60 pounds and am taking tagamet like it a was drug of choice for the new generation, and I compartmentalize well thank you, but hey what ya gonna do?
As I told the Appeals court in Boston;
“A hungry man knows no lock and a hungry man with nothing left to lose faces that death with dignity borne of angels as he has set your demise in his sights my son and it is do or die”,
I was doing my best patented and soon to be trademarked- joke- “crazy man waving hands in air” routine which is now all over as the other side has now finally taken the bait filed MSJ, at the State level over a missed *snicker* snicker* rule 62 set aside ruling pending appeal mistake * snicker* *snicker* on my part, which is new paper and allows me to move to the Federal court, that I seriously miscounted the days and missed my first chance, which I argued anyway I mean; hey, he has more to do in a day but I don’t have anything BUT him in mine lol.
There is, I have now learned for sure, something to be said for letting the other side think they are making all the right moves as I can appeal on the state level under rule 60 and continue to sue them in Federal court on removal, with the appeal still out that should be interesting a new removal to Federal court at the same time lol, all on the same damn foreclosure mind you, running at the same time so yeah your plate can get real full real fast lol
Best wishes and prayers
Charlton & Twila Butler
THANK YOU SIR, for your education sight, that you for the resources that you provide to homeowners like ourselves. Your information has contributed greatly to our victory against the lender in a UD trail. The law concerning the declaration that you laid out in the trail brief hit the nail on the head. NO POSSESION for the bank! Now we pursue them in the unlimited courts. They tried to fight tooth and nail, they tried to intimidate use because we are pro per, but they found no favor with the judge thanks to your site. You are doing a good work, thank you.
I did not have any success in court. The judge at the UD trial did not “hear” me to he ordered the writ of possession to the bank, BUT I already have filed a Wrongful foreclosure and quite title. I need to use this my advantage, but I am not sure how to maneuver… any insight would be tremendous. I must have something in place my 7/10 or the sheriff will come knocking…
Dear Tim I so desperately need some help, we have a case of lender, tila, fraud,broker,wrongful foreclosure and sale,identity thief by lender,insurance fraud,appraiser fraud, please email me with your involement to cases? do you advise or take clients. please let me know thank you
Hi Tim
I live in California, and the sale date on my house is July 27, 09. Homeq is my mortage holder, I did a loan mod in Aug of o8, but due to the economy I still can’t make my payments, I had a company did a forisic loan audit and it have quit a few TILA violations, but this company dont have a attorney, so they simply give the file back to me and say good luck, Homeq have a policy of not doing 2 loan mods in one year, since we are in July already is there anything I can do to stay in my house, file a lawsuit? please advise me if possible.
Hi Tim
Please share your thoughts concerning this incident. We won a UD trial last month, yesterday we found a letter in our door from a debt collector NCCI. It wasnt post marked just in an envelope. In the envelope was a hardship letter from the servicing company who serviced the loan Wilshire out of Oregon. The letter doesnt have any contact information for NCCI just Wilshire. Why are they attempting to get us to complete paperwork and they already completed the sale, the property is currently in the name of the supposed beneficiary? Why are they trying to collect a debt after the property has been sold back to the supposed beneficiary, doesn’t this violate the anti deficiency statute? Please help me to make sense of this if you can. I can only imagine the amount of call you get during a day, because of the amount of fraud concerning the wrongful foreclosure we are taking them to civil court. We fought the ud trial pro per but we are considering receiving the assistance of legal counsel for the next round. I have been on Garfield’s site about lawyers who get it, no offense but some just plain dont get it, or are to busy to care about the details, but I believe the homeowner has some degree of responsibility to to be actively involved in their case. If you know of any attorneys that get it. Please email the names to me. Thank you for your time.
WOW. I have been fighting my lenders since 2006. I am not an attorney, so it has been a long hard fight. Thank God a friend sent me this blog. In 2006 no attorney would help me. I have become a paralegal since then and now I work with attorneys to help others and gain paralegal experience. My lender was New Century now in Chap. 11. New Century transferred my mortgage to OCWEN on the SAME DAY it filed Chap. 11 April 2, 2007. In the meantime I sued Ocwen and put a lis pendens on my property. I am still in my home and not in forclosure, but I believe I am at a point where an attorney may need to step in and close the deal. I won a small amount against New century’s employee who defrauded me. I recently filed an adversay in Delaware. After reviewing this site, I am hoping my complaint is not too defective. I do not expect a favorable ruling so I am preparing to appeal it. There is so much obvious corruption I almost feel like giving up. But this is ONE house these thieves ain’t getting. I was in Federal Court in SF. I recently filed Chapter 13 so the same benefits New Century is getting under the law, will be available to me as well. I will keep reviewing the good information here, and spread the word to those who truly want to help homeowners who have been duped, hookwinked, bamboozled and defrauded. Kudos. (there are tears in my eyes) Nite.
Mr. McCandless, you have NO IDEA the amount of time I spend doing legal research tring to represent myself. But I am not in forclosure. However, my Lender illegally transferred my property the day it filed Chap 11, while in active litigation with me in federal court, and outside of its then counsel of record. I believe Free and Clear is an option for me. What do you think. Please respond.
Oh I have a very good idea. I’ve been doing this for 19 years and still spend every waking moment trying to discover new ways the pretender lenders are trying to stick it to the consumer and the American taxpayer and getting away with it. As to getting your house free and clear I don’t think that is achievable unless the lender were to default in a quiet title action. Hopefully you can settle with your lender at something you feel is equitable.
A template is ok… but really each hardship is unique and to say you should follow a template would be bad advise you can find “examples” if you go to the search portion of this site and enter “hardship”
I’ve been served with a Writ of Possession and my eviction date is 8/20. I was working with another attorney who was trying to arrange for me purchase the house from the bank since it went back to them at the auction. The house is in my husbands name and I have been approved to purchase it. Now the attorney told me that I can’t because it’s an FHA loan and has to be delivered vacant but I could always buy it back after I move out. I’m also pretty sure they can’t produce the original note. It has changed 3 times and only documented one of those times. They filed a loss note affadavit and now I’ve discovered the Loss Note Defense in regards to the TILA. Since the eviction has already been scheduled do I have any way of filing a motion to stay or extend? I’m certainly willing to pay an attorney. It is a good idea to request a Mortgage Audit (forensic) or am I too late for that too? I really don’t want to lose the house and thought I was going to be able to buy it back until today. I think my attorney didn’t specialize in Foreclosures possibly. Thanks, Tammy
Tim are you aware that sub prime banks were allowed an exemption to California Civil Code Section 2923.52(a) the Moritorioum on Forclosures? All the subprime big boys are on the list. what a crock.
http://www.corp.ca.gov/FSD/CFP/pdf/ExemptList.pdf Check it out.
Tim there is NOTHING equitable. However, I will keep you posted. I got AHEAD of the foreclosure, not behind it. I am in Delaware in an adversary against New Century now and I am in the the NORTHERN district with my own chapter 13. All my research has paid off. In my case – because I did not wait till the last minute to save my house. Remember i am not in foreclosre, and I have NOT paid mortgage since 2006. Ocwen has FAILED to service my long since they fraudulently acquired it. New Century no longer is licened to do mortgages in Cali. I won $25,000 against the NC employee who defrauded me. The property value is so low, it would be more feasible for them to give me my property than to amass the litigation fees I am more than capable of making them rack up. I am sick of this crap Tim. Read your blog, there is no relief for the consumer. I may not be able to help the world but i hope that winning my case will encourge other NOT to walk but fight for their properties.
Leslie since you have had your share of research and fighting with the lender; would you mind giving me a call. I am not sure how to proceed with my next step. The attorney stated the mod is the best they can offer at 2% step in interest for 5 years and each year the payment increases; the interest was put on the back end making our new loan balance 680K (our house is only worth about 438K (this is how much the lender would get if that if they were to foreclose). We haven’t signed anything. and the california laws are confusing to say the least; what will work (Produce the note, go back to lender and request a better mod according to ca civil code 2923.6; can we buy back our home at current market price? Please help, want to save our home.
Hello,
I am behind on my home 7months, am i able to obtain a modifcation? or should I just walk away
Alicia
Hello Timothy,
I have come acrossed your site and can only wish that I found it long ago..
My home was auctioned, and it went back to the beneficiary.
There was clearly 200k in equity available with a opening and closing bid of 131k..
I have some issues with the way that the auction was held and subjects surrounding this topic..
I believe they tried to serve me a UD yesterday and from what I read i need to stay in posession of the house to make something work.. I heard from a friend of the benficiary that he has a buyer and plans to sign papers anyday, what can I file with the courts myself while I get the money together for professional representation.. ??
Thank you for response and all info,
Mike
Thats very good to know… thanks
Timothy, regarding California Civil Code 2923.6, if a lender was mandated by that law to accept the homeowners modification (provided the offer shows the NPV of the income stream of the modified loan to be greater than the amount that would be recovered through the sale of the property), is the lender mandated to forgive the deficit balance, or will the deficit balance be deemed as an unsecured debt that is pursuable by the lender. Under 2923.6, is the lender also mandated to waiver the 1099C on the deficit or will the IRS still add the deficit balance as borrowed income to the homeowner, increasing the homeowners personal federal tax liability?
This area is in a state of flux. The Federal courts a declaring that the Federal Banks cannot be regulated by state…State court Judges are declaring the will not intervene in a contract that is clear on its face. Best approach 2923.5 and attack the procedure 90% are not complying… they have taken a calculated risk… to comply it would cost toooo much plus they make more from insurance the feds etc. by foreclosing so you must attack the procedure….
Dear Mr. McCandless,
I would like to call you but I could not find your phone number here, I was forced to enter into this Repayment Plan of my tenant occupied mortgage with Aurora Loan Services just for them not to Foreclose my home. However, during the conversation I had with the negotiator, he said that Repayment plan of $1,876 per month for 9 months will bring me back to my regular monthly payment of $569.00 per month. To my surprise, I received a Repayment Plan agreement that states same repayment plan per month, but at the end of 9 months I still need to pay them $10,585.66. I was cornered and did not know what to do, because in my opinion, I do not owe them that much money. I signed it anyhow just to stop my foreclosure which they set for Oct 1, 2009. Today, it is against my conscience to pay them $1,876 on or before 15th of October just because of this OVER CHARGES. I have filed my complaint against the OTS before I signed the Repayment Plan.
Please advise, I do not know what to do. I live here in Glendale, CA and my tenant occupied property is in TN. My husband just had a stroke on July 10, 2009. We have been hit hardest financial due to medical reasons. Prior to this my previous tenant did not pay me $14,800 in rents which my property management hid from me. I had to go to court to property evict the tenant in May.
Please help, should I pay the repayment plan this month? Or hire an attorney to help me file a complaint against Aurora Loan Services. They need to be corrected. They are not very helpful at all. I just finished my 4 month forbearance agreement with them as they promised me when I completed they would do a loan modification on my property. They asked me to send my updated financials but since I was in the hospital with my husband most of July and August, I did not submit the paperwork on time, which they close my case and set a foreclosure date on my property.
Please help.
Thank you in advance,
Lolina Porter
Cell: 818-571-9092
Dear Timothy,
We have Demanded the Original Promissory Note, filed Rescission documents which removed us from the sales and are looking for a final solution to end the foreclosure since they have already been paid by our signature. Any help you can offer in South Carolina would be most appreciative.
Hi Tim,
Interesting Question. With all this straw man and MERS stuff going on, if i keep making payments on my house, at the end of it all, how can they assure me a marketable deed in the end ? My mortgage was sold off my original bank unknown where it is or what state, but if its been securitized, how do I know i will ever have a marketable title. Even if in practice i can sell teh house, could this line of reasoning be used to sue the bank to get costs back out of the property and roll back the original purchase?
Are there any legitimate loan modification consultants in California? I live in the SF Bay area and am desperate to find folks. A couple of attorneys said that they are exempt from SB 94 because they break up the process into different stages. Is this legitimate? Please help. Thanks.
bandara
SB 94 prevented the payment for modification services. Therefore the only services an attorney can offer is litigation. I personally am litigating the issues presented by civil code 2923.5 which are the mandates of modification before a foreclosure can be deemed legitimate. I have an office in Rancho Cucamonga and in Northern California in Martinez the northern Office Number is 925-957-9797 Southern 909-941-8300
Mr MC Candeless,
I need you to represent me at my next hearing? Please…
Can you refer me to a licensed atty in Wyoming?
I just received the Foreclosure Sale Notice and it’s from “MERS as nominee for” (Lender).
HELLO TIM…..
I’M FACING AN UNLAWFUL DETAINER HEARING SCHECULED FOR 30 NOV 09, I HAVE FILED PREDATORY LENDER CLAIMS WITH COUNTRY WIDE B OF A, CAL ATTORNEY GENERAL AND DEPT OF CONSUMER AFFAIRS ALL ON 18 SEPT 09, STILL WAITING FOR REPSPONSE…..AFTER READING YOUR BLOG I WOULD LIKE TO CONSOLDATE THE UNLAWFUL DETAINER WITH A LAWSUIT CAN YOU POINT IN THE RIGHT DIRECTION TO HAVE THE LEGAL DOCS DONE…..PLEASE CALL OR EMAIL….
MY # IS 909-503-2900 THANKS
Great site.
I detected that Cal. Civ. Code §2924f contradicts California Statutes 33-808 thru -810 regarding Notice of Sale. Going by California Statutes 33-808 thru 810, Notice of Sale in my foreclosure did not conform. Going by Cal. Civ. Code §2924f, it does conform. Which is correct or takes precedence?
California Statutes 33-808 thru -810 regarding Notice of Sale I believe this could be Arizona Rivised statute so…. if you propeerty is in Arizona then … if California 2924 applies
Thank you! Also, it’s interesting, a former UCLA law professor told me that those statutes may be used if they were CA Statutes at one time and were written over.
Am facing UNLAWFUL DETAINER, filing answer tomorrow, and will attach exhibit RESCISSION OF TRUSTEE’S DEED for summary judgment dismissal with prejudice against “bank” plus release of property to surety. But also read UD is about right of possession, not title. Will I still have to file Federal Quiet Title or Quo Warranto?
Mr.Timothy Sir, I am fighting Pro Se since last o2 years and repelled their two foreclosures and got injunction from state courts 06 months ago.
1. Now the opposing counsel is filing the motion to substitute in place of the servicer who tried two illegal foreclosure attempts.(By doing this they have proved my point which I raised in the Bankruptcy-7(Standing Issue) they acted ultra virus.
2. I have more than 50 documents which have different signatures of the VP of the Bank and notaries also have different signatures(the signature of the same person are not identical)
3. In Bankruptcy the Judge decided the case in favor of a fictional party which never existed when 02 foreclosure were attempted. I filed appeal against Bankruptcy that they erred in deciding the case without any hearing and I did challenged them. (motion to object relief from stay, motion to compel) but the bankruptcy judge did not take notice of my motions.
4. Loan was refinanced,and was rescinded in time,they ignored the rescission notice and QWR and by operation of law rescission was self imposed.
5. Since they fail to response of my QWR and as per “default Clauses of QWR” I filed the “CERTIFICATE OF SATISFACTION WITH AFFIDAVIT OF NON COMPLIANCE” more than 09 months ago and they did not challenged that too.
6. I objected all the players including the Trustee and this was also recorded in the land records
7. There are two big law firms representing these thieves.
8. I have also filed a suit against them in the Circuit Court.
9. A few days before the opposing counsel sent me a letter regarding moving a motion against me for rule 11 sanctions, if I did not amended my motion. I informed him that I will not amend my motions and will go till the last.( I have been requesting the Bankruptcy court to put sanctions on the Bank’s conduct and on the attorneys too who acting as a vehicle in this fraud game)
10. How should I take his threat and please advise (they have sold my loan more than 47 times in different pass through series, and I have that proof from SEC with my loan # on it)
Sir kindly advise in this regard. I am in Virginia which is a non judicial state( I have kept my wife as reserve for bankruptcy if need be & I only filed chapter-7)
Thanks and Be Safe
have there been any successful cases, federal or state, that a private party has sued their lender or mortgage company for illegally foreclosing, say for failing to produce the original note?
I know of that jury in Galveston, Texas, has awarded $11.5 million to a customer of Ocwen Financial Corp.
any other cases that can be reviewed??
hi there….
i just faxed you a copy of my NOD…. i don’t have a fax machine so i used freeFax and couldn’t put on there my sale date like you requested… it is 2/8/2010
thanks
darlene
Hi Thimoty getting the property free and clear is possible, I do have copies of friends notes that show an endorsement from the bank CFO, pay to the order of the bank, they have made the mistake of sending me they copy of the original that they want to hide, the copies that they send when you do a Qualified Written Request is the copy when alleged borrower signed Note at escrow, but they do make mistakes and I did get few copies of the note when they endorse the Note and they deposit as a cash deposit, if we fight for the original Note wet ink they won’t produce it and if they do the note will have that special endorsement and that voids the original note because is considered that note was paid in full of that the note has been modified making it void/null, please contact me to join forces i’m not an attorney or lawyer we have to play the same tricks they do to us to win!!!!!
Hi Tim!
PLEASE email me and let me know if you are taking new cases or if you can refer me to a really good attorney.
We paid a modification company $4490 to do a home loan modification and found out they were a scam and stole our money.
We’ve talked to our bank and they’ve agreed to redo our loan at 2% for 40 years but our home is worth more than $100,000 Less than what we owe on it. That’s on our 1ST.
We have a 2ND on our home for $65,000, which we have found that they never had us sign the HUD1 respa. We’ve been told that, with a good attorney, that we can have our 2ND totally eliminated.
PLEASE EMAIL ME!!!!!
even once these experts have verified that your notice of default shows mistakes and discrepancies, they then tell you that if you don’t have thousands to spend on your case , you are sol. it is very disheartning and discouraging.
does anyone know of competent representation that will start a case w/ a smaller down payment instead of thousands ?
Darrell
Yes. Timothy McCandless.
THANKS TIMOTHY FOR ALL OF INFORMATION ABOUT THE LAWSUIT AGAINST MY LENDER , THE MINUTE THAT I MENTION YOUR NAME AND FACTS ABOUT THE LAWSUIT I FINNALLY WAS PUT IN TOUCH WITH UPPER MANAGMENT THAT COULD PROVIDE ME WITH THE ANSWERS TO MY QUESTIONS. AS OF TODAY THEY HAVE GIVEN ME A NEW LOWER INTEREST RATE AND MODIFICATION AGREEMENT NOT JUST A 3 MONTH PLAN AS THEY FIRST OFFERED AND THANKS TO YOU I SAVE MY HOME FROM FORECLOUSER. P.S KEEP UP THE GOOD WORK
HELLO TIMOTHY I FORGOT TO MENTION THAT THE SECORD MORTGAGE WITH
MY LENDER THE SAME AS THE FIRST HAS AGREED TO INTEREST ONLY PAYMENTS
FOR 5 YEARS @ 3% int only.
Mr. McCandless – I have been working with a loan modificaiton company, Guidance Mortgage Relief, since Jan 2009 in an attempt to get my Mortgage company, Wells Fargo, to modify my FHA loan. I made my initial request for modification in August of 2008 after I lost my job (at a mortgage lender no less). WF has refused to comply with the Calif. legislation or the HAMP Act, despite their BS press releases; is this not reasonable justification for litigation both by me as a consumer and by the State’s Attorney or District Attorney?
Also do you have a “Fill In The Blanks” template that can be used to file against a Mortgage Lender? Do I need to file against the trustee listed in the foreclosure proceedings paperwork? Do I need to include the investor, if I can determine who they are, in the litigation?
Have you heard anything about a Loan Modification company in Los Angeles called Guidance Mortgage Relief? I paid them ahead of time, before information came out to the contrary.
Thank you
HEllo Timothy and Others,
I know this may be alot to ask but please any insight will be very appreciated.
I had found this site and Neils site after my property was stolen out from under me which had at least 200k in equity in todays market. My girlfriends house house was in foreclosure just as mine and with the informaion posted and the way two different companies processed foreclosures i found a few errors that would have defenitely got the Auction reversed. I contacted Carlos Negrete from Neils list and he agreed that this could be reversed.. I could not get the $7500.00 that Mr. Negrete was charging me and attempted to seek out sate assistance and 2 months later was right were i begun.. now its been 4 months post Auction.
HERE IS MY ISSUE…
AT THE top of this page in PARAGRAPH 2 is exactly what happened to me.
I maintaned posession for 2 months and knew that there was a UD about to be served. I patiently awaited the UD and i moved back to O.C. to my girlfriends housewhich was right next to the Beneficiarys home.. They knew were i was everyday all day and they filed a series of papers and were able to claim they made 3 attempts to serve the UD at the property and then were approved to serve my UD by mail.. The court date happened and i found out 2 days later.. The Beneficiary and there Attorney knew i was waiting for the UD so i could file against the property. This is what i have been up against lying, sneaky people..
I was told ny a mutual friend that they either sold property to a 40 year long friend of theres or just transfered title to make it more difficult to get property back..
What can i do ???? i am trying to find out if escrow closed..
Will someone call me please.. i am in So Cal. prop is in Riverside.
Thank You
Tim,
Thanks for help in the framing of MERS and 2923.5.
You have helped more than you know.
Keep up the good work.
http://go2.wordpress.com/?id=725X1342&site=livinglies.wordpress.com&url=http%3A%2F%2Fwww.scribd.com%2Fdoc%2F26821737%2FDAVIES-V-NDEX-WEST-UNIVERSAL-AMERICAN-MORTGAGE-DEUTSCHE-BANK-NATIONAL-TRUST-MERS-2924-2923-5-BP-C-17200-Second-Amended-Complaint-1-59-With-Exh
Atty. Tim:
I am one of the U1st Clients inquiring about any developments regarding the class suit, i’ve been trying to call the numbers on the emails sent to us but was not able to talk to anybody on the phone numbers provided.
Is there any way we could still refund the monies we/ve paid to United 1st. ?
Please give us info. regarding the U1st class suit, I have been evicted from the property (164 West 220th Street,Unit 1, Carson,CA 90745) in September’2009.
Was there any action done regading these cases I believe there are about 2,000 U1st clients that were mislead by the claims of U1st and Focus2000, they have disappeared and until now we are still waiting if they were legally dealt with, any news if they were charged with any suits?
Timothy, a question concerning ethics. Can a foreclosure factory owned by a law firm have that law firm defend them in Superior Court? ex: According to the NEVADA secretary of state, QUALITY LOAN SERVICE CORPORATION is a California corp. owned (principal board members) by McCarty and Holtus, the principals of McCarty & Holtus law firm. McCarty & Holtus are defending Quality in a wrongful foreclosure suit where I am the plaintiff (pro per). I understand that in Nevada this is not-permissable. How about California??
I was looking through the blogs, and I saw where that company you mentioned from California. Well they do evictions, there real jerks and their located in San Diego,Ca. on 4th avenue,92101
if a deed of trust sets out the Trustee (Old Republic) and nominee/beneficiary as mers and without any further acknowledged/recorded Substitution of Trustee executed by the Lender, can an entirely different entity bring the Trustee’s sale as Agent for the Agent of the Beneficary, who is essentially only a nominal beneficary???? here it was LSI Title Company for Quality Loan Service Corp., as Agent for Beneficary, which was MERS in the Deed of Trust- is this legal?
Hi Randy I am in the same boat with LSI title similar stuff different names except for LSI title. If you get info, please send me an email.
Check out this guy… he just won a case in san francisco on appeal and he has a lot of good stuff on his website. Also, his not crazy like some.
http://mikerooneylaw.com
Dear Mr. MCandless:
Our property is in California. Our first is with Aurora Home Loan – (a Negative Am loan). Tried to modify the loans for the last 2 1/2 years, including paying an attorney $4,500, and nothing came from it. We also have a second with Chase. The first with Aurora has a balance of $695K. The second w/ Chase $189K. We are currently in default and NOD was filed – then a substitution of trustee. I know by reading your blog that the Aurora has violated Civ. Code. 2924, etc. re: the NOD. However, instead of fighting this foreclosure, we would like to offer a Deed in Lieu of Foreclosure. Question: Can we negotiate this Deed in Lieu with Aurora so that no deficiency is sought after? and most importantly, what would happen with the second of Chase? Last question: What would your office charge to negotiate such a deal?
Next time, buy a house within your means.
How do you know it wasn’t? You must be glad Wall St is destroying this country.
Hi Tim. I have a sale date of 5-10-10 and B of A seems to mean Big A$% Holes right now. I just had a forensic done and they found 4 Tila and Respa violations. What do I do with this report. I have just won a case by default against BofA for their violation of the settlement made with the attorney generals office. They didn’t bother to show up so I won by default. Working with NACA but BofA is ignoring them also. Their arrogance is only matched by their ignorance of the law. I need someone who knows the law and will put our needs as a priority. Tim
Is it true that when the lender sells the note, stamps the note pay to the order of and without recourse, that the obligation is discharged according to the UCC? You exchanged your PN (asset) for the house. But once they stamped it, they changed it into a negotiable instrument but didn’t tell you about it. Your done with that part of the transaction. You have the house and they can monetize the note as they do over and over.
And also is it true, that when you signed the deed of trust “for a loan received” you NEVER received the loan? You made the payments as agreed for a loan you never received. So, that’s why the PN and the deed of trust are not together as they should be if it really was one transaction and not two disguised as one. Just curious.
Hello Tim
What can i do please read below
Bank of America
Fidelity National Title
TD Servicing Company
Re: Wrongful Foreclosure and Fraud
Property Address: 4930 Colusa Dr. Oceanside Ca 92056 Loan Number 4703319
I, Arnold Gaston, am seeking compensation for the fraud and wrongful foreclosure that LaSalle Bank N.A Trustee for MLMI Trust Series 2007-HE3, Wilshire Credit Corp, T.D. Servicing Co. and Fidelity National Title does. On Nov 12, 2007, I received letters from Wilshire stating that they would like to help me stay in my home and with instructions to send in requested documents. On Feb 15, 2008, I receivee a letter from Wilshire stating they received the requested documents as of Dec 10, 2007, also requesting additional documents which I sent next day air to Wilshire and received confirmation via phone that it was received. On March 18, 2008, I received an in house forbearance agreement for my second, but not my first. I contacted Wilshire and was told that the correct agreement is on its way. After filing BK to try and resolve the issue with the correct agreement I was told they can’t help me while I am in BK so I allowed my BK to be dismissed in reliance that the correct agreement would come just to have my Home foreclosed upon in May of 2008. After my home was foreclosed upon, Wilshire offered to sell me back the property without agreeing to delete the negative marks on my credit report making it impossible to acquire financing. The parties mentioned above then executed a writ of possession putting me out of my home.
Attached are the fraudulent documents recorded against said property in said county that allowed them to proceed with their willful wrongful fraudulent actions:
NOTICE OF DEFAULT shows Mers as beneficiary in which they lack standing.
SUB OF TRUSTEE reflects Laura Hescott’s signature is fraud , the first page of the recording reflects that she is the attorney in fact for LaSalle Bank N.A Trustee for MLMI Trust Series 2007-HE3, but the notary acknowledgement shows her as the attorney in fact for LaSalle Bank N.A Trustee for MLMI Trust Series 2006-HE3. Also California Civil Code 2934a clearly states that a separate document be executed and recorded for properties secured by a series of notes in which it was not in this case. Please review Laura Hescott’s signature on page one of the sub of trustee and the other signatures from her on other instruments attached.
ASSIGMENT OF THE DEED OF TRUST was executed on 11/23/2007 and recorded on Feb 15, 2008, and notarized by Melissa Tomlin who’s signature doesn’t match what she has on file in Oregon in July 2007. Also the Notice of Default was recorded on Nov 14, 2007, which means it lacks the authority to foreclose per the assignment.
I am seeking compensation for attorney fees I have expended in fighting the wrongful foreclosure, unlawful detainer, and writ of execution and damages of $2.5 million for the loss of my home, emotional distress, and damaged credit I incurred from the above activities. This offer is subject to California Code of Civil Procedure Section 998.
Arnold Gaston
July 16, 2010
Cfsloansclose@gmail.com
U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF LXS 2006-4N as a foreclosure case against me and my wife in Florida.(02/15/2008)
“MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC MERS is a separate corporation that is acting solely as a nominee for lender and lender’s successors and assigns.MERS is the mortgagee under this Security Instruments”(art.C in mortgage documents).
“Lender” in AEGIS WHOLESALE CORP. (art.D. of mortgage doc.)
1)The mortgage was bought for COUNTRYWIDE (now B of A).
2) I found serious violations in an forencic audit that I ordered to my loan doc.
(GFE not provided within 3 days of application,Finance charge error greater than $ 100 of total credit extended,Violations of Federal Statutes,Missing Mortgage Broker Agreement Disclosures,etc).
3)MERS now appear as Defendants in the foreclosure documents
4) I have an Adjustable rate note.
I’m not a Lawyer but all this not smell to good for me and I need help FROM a REAL GOOD LAWYER AS LOOK YOU ARE.
Please contact me is you think that this is a case for you.
Thank you
Gustavo Cuenca 954 9140804 Florida.
hi mr. mccandless,
i just happen to run across this from sacramento superior court tentative rulings. sometimes i think we as american people run up against brick walls when it comes to our judicial system. so frustrating.
sincerely
laurie mendoza
Item 12 2010-00077807-CU-OR
Maria Santos vs. OneWest Bank F.S.B. Successor
Nature of Proceeding:
Filed By:
Motion for Preliminary Injunction
Martin, Hiram
Plaintiff’s motion for a preliminary injunction and finding of contempt is denied.
The motion was not timely served on Deutsch Bank as it was served by mail 17
days before the hearing. Both the moving papers and reply papers violate CRC rule
3.113(d).
The requests of defendants Deutsch Bank and Regional for judicial notice is
granted.
Trustee Regional Service Corporation is not in contempt of the May 21, 2010
TRO. Regional mistakenly recorded a Notice of Trustee’s Sale on May 25, 2010.
Regional’ s attorney communicated with plaintiff’s attorney and assured him that the
Notice of Sale would be void and no sale would occur unless a new Notice of Sale is
recorded. Regional’ s attorney confirmed that there would be no sale set to occur prior
to the July 28, 2010 hearing. The sale was then noticed for August 3, 2010.
MERS assigned its interest to Deutsch Bank in February 17, 2010. The
assignment was recorded on May 25, 2010. This is not a violation of the TRO. In any
event, the TRO was obtained before Deutsch Bank was named as a defendant.
Plaintiff’s contention that neither MERS nor Deutsch Bank has standing is
without merit. Mortgage Electronic Systems is a corporation organized under Delaware
law. Plaintiff has confused it with a copycat MERS (System with no “s”). MERS is not
obliged to register with the state before it can assign its interest to Deutsch Bank.
Likewise Deutsch Bank can accept an assignment and begin non-judicial foreclosure
for the same reasons. That is, this does not constitute the transaction of intrastate
business. Derakhshan v Mortgage Elect. Registration Sys., Inc. 2009 U.S.. Dist..
LEXIS 63176 *19-20 (C.D.Cal 2009). Corporations Code section 191.
Inexplicably, plaintiff continues to maintain her meritless arguments on standing
in her reply.
Plaintiff’s contention that the Assignment dated February 17, 2010 but not
recorded until May 25, 2010 was backdated and there must be some impropriety is
pure speculation.
Plaintiff also contends that the substitution of Trustee, Regional Service is
improper and Regional cannot conduct the foreclosure proceedings. Regional was
substituted as trustee for Fidelity Title on February 17, 2010 but the substitution was
recorded later on May 25, 2010. The fact that it was recorded after Notice of Default
was recorded, does not make the substitution invalid. The Notice of Default states that
Regional is “either the duly appointed Trustee, the substitute Trustee or acting as
agent for the Beneficiary.”
Plaintiff’s “possession of the note” argument is not a valid defense. No court has
accepted such an application of the Commercial Code. Article 3 of the Uniform
Commercial Code governs negotiable instruments, not non-judicial foreclosures.
Deutsch Bank has not violated Civil Code sections 2923.5 and 2923.6 Section
2923.5 expresses a legislative intent that certain types of loans be modified if possible.
In section 2923.6 a loan modification plan may be offered if it is consistent with the
lender’s contractual or other authority. Neither section creates a private right of action.
In any event, the Notice Default states that borrower was contacted in compliance with
the Code. Furthermore, plaintiff is admittedly in default and has not tendered payment
of the amount owed.
Plaintiff’s contention regarding fraud at the inception of the loan is without merit.
Neither Deutsch Bank nor Regional were involved in the loan origination process.
For all the above reasons, plaintiff has not shown a likelihood she will prevail on
the merits.
The minute order is effective immediately. No formal order pursuant to CRC
Rule 3.1312 or further notice is required.
Tim: Im a Foreclosure Defense Consultant for
http://www.freedomlegalplans.com
We help people nation wide fight the loan Mods and Banks.
Call me at 754 245 0165/ I can help
dear mr. mccandless,
today i was granted a trial by jury in unlawful detainer court. the trial was moved from carol miller justice center, where all unlawful detainer hearings are held to the downtown court house where trial by jury is held. instead of having a hearing that would take 15 minutes before a commissioner now i have a chance to go before a judge who i’m hoping understands the laws and have a jury that will take more than 15 minutes to decided my fate. the trial begins on august 16th. i have alot of work preparing for this. is there anything you would like to give as far as words of advice. i truely know and im not asking you to obligate yourself. i just would like to hear about the pitfalls and how to avoid them. im hoping this might set some kind of presidence for others who are going through this. im hoping this might set a presidence for people to push there rights. i feel if i go before a jury i will get a fair verdict even if it is that im guilty of unlawful detainer. im truely hoping i will hear from you as i know you have words of wisdom and i’m all ears.
thank you
sincerely
laurie mendoza
Hello Timothy and Associates,
We had our Unlawful Detainer “Removed” officially to Federal court on grounds of “Federal Question and Diversity of Jurisdiction”. It was accepted and we have been given a court date 60 days after our UD hearing. What is so great about this is that it bought us 60 days and beyond. Federal court will listen to issues of title, contract, Constitutionality, and all the issues needing to be addressed in a foreclosure that most state courts are not ruling in favor of homeowners. UD courts are “eviction” courts that are concerned with property possession, and do not listen to issues of title or Constitutionality, etc. We believed we would have a better chance in Federal court. Anything is better that UD court!
Timothy, I would like to speak with you or your partener in So Cal, so please email me and I’ll send you my phone no. again. You should already have it as I have already spoken with your partener around a month ago. Our case has taken a different course in the last month, thus the reason to speak with you again.
Thank you so Much for your time…and thank you for all that you do to assist people to fight to keep the banks from stealing their homes!
~Ruth~
Hi what happened here? I’m in UD Court. Your attentiveness is of a finesse lost by many. I have my PSA from the SEC, and identified my loan. Thank you
Marco,
In my opinion nobody is bringing up the best defense ever to stop an unlawful detainer action. Write me.
Paul peggli@cox.net
Timothy,
I’m not sure if you can help or answer any questions but I will ask anyway.
My mother applied for a MHA with Bank Of America in June 2009. She did this because in 2005 she refinanced through Countrywide and agreed to a ARM. Her monthly payments were going to go up in January 2010 so this is why she applied for the MHA, hoping to avoid any problems.
I won’t go into the nightmare and anguish this process has been but have a few questions.
First of all, my mother has been paying her mortgage each month. But on July 6th, 2010 she received a ‘Notice Of Intent To Accelerate’ from BOA, stating her loan is in serious default and that she needed to pay $1805.58 on or by July 30th, 2010 or foreclosure proceedings could follow. The $1805.58 almost triples her monthly payment.
I have been assisting her with BOA since August, as she can no longer deal with these…people. I didn’t learn about the ‘Notice Of Intent To Accelerate’ letter until last week.
But since that letter, she recently received a letter and forms from BOA stating that they were concerned about foreclosure on the property and offered her forms for ‘In Deed Of Lieu’. She also began receiving calls and a letter from REDC Default Solutions regarding impending foreclosure and the option of ‘In Deed Of Lieu’. Let me remind you again, my mother’s loan was not in default, her payments were current.
I tried to find out what the $1805.58 amount was for and kept getting the run around from BOA, transfered from department to department as usual, dropped calls, put on hold. After four hours of this I was told that the letter was a mistake, it was an error, that my mother should just forget about it.
What if she had somehow come up with the $1805.58 or signed ‘In Deed Of Lieu’ paperwork out of fear that they were actually going to proceed with foreclosure even though she was current on all payments.
They didn’t inform her of the mistake or error, they won’t say where they got the $1805.58 figure from. This reeks of extortion. It is like they were hoping she would some how come up with this extra amount of money or be frightened enough to give her house away.
Anyway, we are still in limbo over her MHA application, we were just assigned another negotiator. But can you tell me if we have any legal recourse for the above? I understand no harm was done, but this to me was again, extortion. I would also like any advice or tips about dealing with the HAMP process with BOA. I hope you can help us out here or lead us in the right direction!
Thank You!
Tony Z
In 2005 i purchased a home in riverside ca. Whitin 9 mo.i found undisclosed damage in the home which caused health issues to a family member. A lawsuit insued, and my home was part of the evidence.My lender was countrywide and at first with the lawsuit they placed a forwbearance on my loans, and i paid less than half the monthly payment.When the lawsuit was in full swing 2006-2007, they applied a full forebearance.When BofA took over Countrywides mortgages, Bank of America foreclosed On my home which had been vacantsince Oct.of 2005 until it was auctioned off and sold in june of 2010. When Bank of America foreclosed my home was still in the lawsuit in Riverside Superior court under judge bernard swartz as part of the evidence. I did not use the word HONORABLE, because he LIED about a childs compromise, no compromise, no ruling. My ? is, is what BofA did legal.
A. Fike 909-630-9009
Hello-
I am fighting the Bank that foreclosed on my property in 2008, the original Bank was IndyMac, then OneWest was trying to take my property, now I have Deutsche Bank trying to take my house. Deutsche Bank has filed a Corrective Deed Upon Sale on June 18, 2010, which is 18 months after foreclosure and after OneWest admitted to not having perfected title. Is there any law that I can use against them? All I have right now is that they are not in compliance with Civil Code 2924. Please help. Thank you.
Brandie
Besides foeclosing on my home and selling it 2 weeeks before the date I was given in writing, to cure the default, (I had the money, and have proof), they did not credit 3 mos. of payments which I also have proof of. This began in 2009 and we were evicted March of 2010. No one can help please, anyone?
I need help! Today is 01/13/11 I have a sale date on 01/18/11. Is there anything I can do to stop it? Besides BK. My loan amount is 1.4M so I would have to file for Chapter 11 which is too expensive for me. I have exhausted most of my funds trying to save my home from Trustee Sale. I got scammed a couple of times.
Hello,
I would like to thank you for all the information you have on your website. I was able to use one of your links to file my exparte application and complaint(not done very well, but without being able to use some of your information and templates, it would have been way worse)
Anyway, I have had the exparte for TRO and Prelim continued twice due to a problem getting my proof of service returned to me on time. But as the first judge stated “on the merits of my case it appears I may prevail” . Then on the second hearing, the Judge did get a call after I had left the building from council L. Bowman who stated that they would be filing objection, but would not be foreclosuing on the property before the next hearing.
I spent 2.5 year reading your site, and doing all that I could to get information from BAC/CW. And in Oct 2009 I received a “certified copy of a Note, a page with an endorsement in blank(looks nothing like the other pages) and a Hud-1, also included was a DT and application. Well, the Note with that strange looking paper, no way is it the back of the note, the DT and riders were missing all of my initials on the bottom of each page. The hud-1 was missing borrowers signatures and a forged escrow officers signature, and the app was also missing borrowers signature. So I sent a few more letters out, filed some complaints with the AG and I got another set of the same documents, and a letter from the mortgage fraud department of BofA..I sent a reply and low and behold, they recorded the second NOD on me. I did scrap of enough money to have a lawyer in Fresno look over the documents. She found 5 different applications, 3 hud-1’s 3 or 4 GFW/TIL all different. None of the letters from CW- BAC- bofA and recon trust match. The sub-trustee/assignment of DT recorded 2 weeks after the NOD list BONY Mellon that the DT is being assigned to. But I have the Blank Corporate Assignment that was to go into the mortgage loan file with the trustee…they gave it to me in the loan docs. And in 2005 BONY Mellon had not even merged yet. So I guess they just want to by non preforming loans??
Anyway, I will be looking for more information on your site to help answer the banks objections. I know they will be able to knock me on my butt, but I have to at least try. When I thought it was me in the wrong back in 2007, I offered 2 short sales(even went into escrow), deed -in-lieu and was refused. Then CW offered a loan mod, sent me the forms but they stated in the letter that was because I had a stay due to my BK…I was not in BK, then they wanted my deceased husbands signature…they had the death cert. Then I started getting calls from council for Impac Funding (orig of loan) wanting information about my loan docs due to a lawsuit against impac in the state of WA where my docs were handled. That is went I began to think that something was really wrong with my docs…and thanks to your site I stayed on a mission(a lot of letters and complaints) to get information about my docs. I was just floored with I seen that note and DT….even on 4 different pages of the closing docs stated that they had to be initialed, and they were!
Thanks again
Oh…I not well written court case is in merced county CV001556..with the exhibits of those docs.
what is the california law on ‘assignments in blank’ are not legal or allowed
where can I find the law
MY PROPERTY IN FL HAS NEVER HAD A BANK LOAN ON IT WAS PAID CASH FOR ABOUT 50 YEARS AGO.WAS WILLED TO ME IN 2007.THE HOUSE NEXT DOOR TO MY PROPERTY WENT INTO FORECLOSURE THE BANK ALSO FORECLOSED ON MY PROPERTY TOO.I FOUND OUT ABOUT THE FORECLOSURE WHEN I HAD A BUYER FOR IT.LOST THE SALE BECAUSE OF BANKS WRONGFUL FORECLOSURE ON MY PROPERTY.BANK SAID WE MADE A MISTAKE.HERE I AM ONE YEAR LATER AND STILL HAVENT GOT MY PROPERTY BACK.BANK HAS IGNORED ALL PAPER WORK THAT HAS BEEN SENT.I AM NOW GOING TO FILE A MOTION TO INTERVENE ON THE HOUSE THAT IS IN FORECLOSURE.MY QUESTION TO YOU IS ISNT THE BANK LIABLE FOR THE LOST OF THE SALE OF MY PROPERTY AND WHAT IS A RESONABLE TIME IN FL FOR MY CASE TO BE HEARD.THANK YOU
7/14/11: Friend of mine was given notice the other day that the house had been sold to Fannie Mae. The notice of Trustee sale was not posted on her property, and possibly no notice was given in paper. No trustee was assigned, only communication was from lender. Does client have any recourse at this point to delay being moved out because they didn’t play by the rules?
Please sign this online petition- it only takes less than a minute:
We need to get our State AG to investigate
http://www.change.org/petitions/tell-ag-kamala-harris-to-investigate-get-an-injunction
thanks
DEAR MR. McCANDLESS,
COULD YOU SHED SOME LIGHT ON POSITIVE EQUITY FORECLOSURE and MAYBE GIVE SOME SUGGESTIONS ON WHAT TO DO IN THIS KIND OF MATTER? DOES CALIFORNIA HAVE ANY KIND OF LAW REGARDING POSITIVE EQUITY FORECLOSURE? THIS WOULD HAVE NOT BEEN A TAX SALE. ON THE 1099A SENT TO ME BY THE BANK CLEARLY STATES THAT THE HOUSE IS WORTH MORE THAN THE UNPAID PRINCIPAL BALANCE OF THE MORTGAGE. THERE IS ABOUT $30,000.00 PROCEEDS FOLLOWING THE FORECLOSURE SALE.
THANKYOU
LAURIE MENDOZA
ldmendoza2003@yahoo.com
NEW CENTURY MORTGAGE, HOME123 CORPORATION– THEIR BANKRUPTCY TRUSTEE JUST FILED THE FINANCIAL STATEMENT IN DELAWARE FOR PERIOD ENDING JUNE 30, 2011. STILL 35 MILLION IN CASH
SEE A LAWYER ABOUT FILING AN AP IN THEIR BKR IF YOU ARE A VICTIM OF THEIR PREDATORY OR FRAUDULENT LENDING
TUESDAY’S AGENDA – NEW CENTURY MORTGAGE & HOME123 CORPORATION- FOR THEIR BANKRUPTCY IN DELAWARE FOR 7-26-2011
SOME PRO SE’S UP THERE FIGHTING AND ONE IS SCHEDULED FOR ORAL ARGUMENTS
http://www.scribd.com/doc/60728756/NEW-CENTURY-BANKRUPTCY-COURT-AGENDA-FOR-7-26-2011-SOME-PRO-SE-S-SCHEDULED-FOR-ORAL-ARGUMENTS
SEE THERE ARE PRO SE’S UP THERE FIGHTING THESE COMPANIES IN BANKRUPTCY COURT
SEVERAL PRO SE’S GOT $$ SETTLEMENTS BUT DISCOVERED NEW EVIDENCE SO ARE ATTEMPTING TO REOPEN THEIR CASES
WAMU PEOPLE CAN DO SAME
HERE IS A CALIFORNIA RECORDER’S MANUAL AND REFERENCE HANDBOOK- PROPERTY RECORDS ETC.
TO ABBY IN CALIFORNIA:
I JUST WANT TO SAY THANK YOU FOR THE CALIFORNIA RECORDERS INFO. GREAT STUFF.
SINCERELY,
LAURIE MENDOZA
BIG BIG WIN FOR CALIFORNIA PRO SE HOMEOWNER—-IT IS FOR PUBLICATION TOO!!
http://www.scribd.com/doc/61310288/WIN-WIN-WINFOR-PRO-SE-HOMEOWNER-IN-COURT-ONLY-THE-SECURITIES-TRUST-CAN-BRING-AN-ACTION-NOT-THE-SECURITIES-TRUSTEE
EMAIL ME AT CARRA2009@GMAIL.COM IF ANYONE WANTS A COPY OF
THE UD JUDGES BENCH GUIDE FOR CA.
PUT IN SUBJECT LINE ‘REQUEST FOR UD JUDGE BENCH GUIDE’
COULD BE HELPFUL IF YOU ARE FIGHTING A UD OR UNLAWFUL DETAINER IN CALIF.
(THAT IS EVICTION)
IT DOES HAVE SOME IMPORTANT CASE CITATIONS IN IT. BEST IF YOU GET AN ATTORNEY. NO GUARANTEES ON USE OF GUIDE AS JUDGES MAKE THE DECISIONS.
BREAKING NEWS AUG 18 2011–CALIFORNIA AG KAMALA HARRIS GOES AFTER LAWYERS AND LAW FIRMS- MASS JOINDER- TRO & ASSET FREEZE–SEE LIST OF NAMES AND FIRMS HERE. HER ANNOUNCEMENT JUST FINISHED. APPARENTLY HOMEOWNERS IN 17 STATES WERE TARGETED.
HERE IS CALIFORNIA AG KAMALA HARRIS CONSUMER ALERT—PAY ATTENTION- AUG 2011
PRESS RELEASE ISSUED BY KAMALA HARRIS THE STATE ATTORNEY GENERAL OF CALIFORNIA – AUG 18 2011 – RE THE LAWSUIT & TRO AGAINST CERTAIN LAWYERS AND LAW FIRMS
I need info for yours TELEPHONE office ASAP THANKS
ALL 3 CREDIT BUREAUS SUED
US GOVT SUES BOTH BANK OF AMERICA AND COUNTRYWIDE-FHFA-FILED SEPT 2 2011-READ BOTH LAWSUITS HERE
US GOVT SUES BOTH JPMORGAN CHASE AND DEUTSCHE BANK-READ BOTH LAWSUITS HERE- BY FHFA-SEPT 2 2011
THIS POSTER ALSO HAS THE OTHER LAWSUITS FILED AS UBS, GOLDMAN SACHS, MORGAN STANLEY, MERRILL LYNCH, BARCLAYS, ALLY, GE, RBS, SG AMERICAS, CITIGROUP AND HSBS
SEARCH IN 83JJMACK IN SCRIBD FOR THE OTHERS
HOMEOWNER-BORROWER SURVIVES MOTION TO DISMISS!! PUBLISHING NOTICE IN only 2 NEWSPAPERS IS NOT ENOUGH- RULES THE JUDGE -READ HIS MEMORANDUM HERE
here is the breakout of how much each bank or wall street firm is being sued for
NEWEST FLORIDA RICO CASE FILED BY JEFF BARNES AGAINST CHASE AND CHASE HOME FINANCE
SF BAY AREA IN NORTHERN CALIFORNIA—PROTESTS PLANNED THIS WEEK 9/26/2011
PLEASE POST THIS WHEREVER YOU CAN. EVEN THE PROTESTS ON WALL STREET ARE NOT GETTING ANY MEDIA COVERAGE!! IF ANYONE CAN HELP WITH THAT, PLEASE DO
INCLUDED IS A SPANISH VERSION OF THE FLYER
TWEET, FACEBOOK, EMAIL, CRAIGS LIST, FAX OR PHONE==PLEASE HELP SPREAD THE WORD
BRAND NEW REPORT BY FHFA 9-27-2011 ON EVALUATION OF FHFA OVERSIGHT OF FREDDIE MAC REPURCHASE SETTLEMENT WITH BANK OF AMERICA
‘Freddie Mac used a flawed analysis when it accepted $1.35 billion from Bank of America to settle claims that the bank misled it about loans purchased during the mortgage boom, according to an oversight report scheduled for release on Tuesday.’
READ NEW FHFA REPORT AND STORY HERE:
HOMEOWNERS ARE SITTING ON TICKING TIME BOMBS—
NEW CENTURY MORTGAGE AND HOME123 CORPORATION ARE IN BANKRUPTCY SINCE APRIL 2, 2007. 3 FORMER PRO SE’S FINALLY FOUND AN ATTORNEY AND HE HAS FILED THIS RESPONSE TO THE NEW CENTURY LIQUIDATING TRUST’S OBJECTION TO LATE FILED PROOF OF CLAIM.
THIS IS SUCH A LARGE BANKRUPTCY THAT THERE ARE OVER 10,00O DOCKET ENTRIES AND OVER 4000 CLAIMS.
THE BANKRUPTCY TRUSTEE ALAN JACOBS RETAINED A LAW FIRM HAHN & HESSEN TO
REPRESENT HIM IN THIS BANKRUPTCY.
—THE HOMEOWNERS
2 OTHER PRO SE’S WITHOUT AN LEGAL REPRESENTATION SETTLED FOR CASH IN 2010 IN AMOUNTS OVER 60K.
2 OF THE ABOVE HOMEOWNER VICTIMS ARE IN MEDIATION WHICH WAS ORDERED BY THE JUDGE IN THE MATTER.
THERE ARE NOW EVEN MORE HOMEOWNER VICTIMS FILING CLAIMS AGAINST THE NEW CENTURY LIQUIDATING TRUST.
THIS FILING DISCUSSES THE ‘MISSAL REPORT’ WHICH SHOULD BE MANDATORY READING FOR ANY HOMEOWNER VICTIM.
the latest article by Attorney Lynn Szymoniak who was on cbs 60 minutes and interviewed by Scott Pelley in April of 2011
FHA MAY DENY INSURANCE CLAIMS OF BANKS, COSTING THEM BILLIONS
http://www.scribd.com/doc/67346233/FHA-MAY-DENY-INSURANCE-CLAIMS-BY-BANKS-COSTING-THEM-BILLIONS
CALIFORNIANS NOW HAVE HOPE–LETTER FROM US CONGRESSMAN COMMENDING KAMALA HARRIS, OUR ATTORNEY GENERAL, FOR NOT SETTLING WITH BANKS AND FOR INVESTIGATING LENDING AND FORECLOSURE ABUSES.
http://www.scribd.com/doc/70559647/CONGRESSIONAL-LETTER-TO-CALIFORNIA-AG-KAMALA-HARRIS-COMMENDING-HER-FOR-NOT-SETTLING-WITH-BIG-BANKS-DEFENDING-HOMEOWNERS
AND A PRESS RELEASE 10-27-2011
Nye Lavalle rips MERS Janis Smith a new one!!
Read This Homeowner’s Oral Args up in Delaware Bankruptcy Court —it begins after some routine Omnibus matters—-
ACTION ALERT–PLEASE SIGN THIS PETITION AND HELP CALIFORNIANS —AND PLEASE DISTRIBUTE THIS PETITION
http://www.scribd.com/doc/70662342/ACTION-ALERT-CALIFORNIANS-NEED-HELP-ASK-OUR-AG-TO-HALT-FORECLOSURES-UNTIL-INVESTIGATION-COMPLETE-PLEASE-SIGN-PETITION-AND-DISTRIBUTE
Do the law say play a benifiary trick on a person ? How can u be a owner of banco tesa ,and didn’t get serve a copy of the terms and conditions ? How would u no u own it with no paper work , how would u no when too call 911 on the trustee when they breaking the law on the contract , with no copy of the contract , its all a joke with no sense , I say why are they pulling the leg of the owner of these banks ? Why . Show me the law saying all of thise can be done . If u can’t show me all of this is the right to a benifiary , then give him-( quit tittle) asap , the owner of banco santander . From 1999 -2001 . Its ether corp fraud or not , which one is it ? Its ether city hall and sec of state corp fraud , or irs owner I’d fraud , or its not . Irs ss-4 ,fraud , for the benifiary or not .
BANKRUPTCY TRUSTEE’S ATTORNEYS ARE PREJUDICED AGAINST PRO SE HOMEOWNERS WHO HAVE FILED CLAIMS UP IN THE DE BKR COURT
http://www.scribd.com/doc/72423859/BANKRUPTCY-TRUSTEE-S-LAW-FIRM-PREJUDICED-AGAINST-HOMEOWNERS
EVICTION NOTICE TO OCCUPY OAKLAND -11.11.2011
http://www.scribd.com/doc/72486611/EVICTION-NOTICE-TO-OCCUPY-OAKLAND-NOV-11-2011
INDYMAC, CEO MICHAEL PERRY- SEC WELLS SUBMISSION – FOIA
Timothy,
I have read a bunch of your posts and have signed up for your blog posts. Your materials are very helpful and insightfull. Thank YOu!
I am assisting a friend who on 10/13/2011, had a Notice of Default filed on a property he owns in Santa Barbara. I referred him to you yesterday, and suggested that he get in touch with you right away. He lost six other properties as well in the past two years, and from the records that I have reviewed for him, all six foreclosures were done unlawfully and contrarty to the provisions in the Deeds of Trusts.
I have not seen you address this angle in any of your posts, and this angle concerns contract law:
The foreclosure provisions in the Deed of Trust are the law which control any actions which anybody might take to foreclose under the Deed of Trust. It must be this way! A private contract/ agreement always superseedes a public law when a private contract/ agreement is formed. It does not matter if California Civil Code section 2924 states that a trustee, mortgagee, or beneficiary, or any of their
authorized agents may file a Notice of Default to commence a foreclosure action if the Deed gives this right to the Lender only!
The provisions agreed upon in the Deed must prevail!!! Am I correct?
The Deed that I am looking at here is a a standard Caif. single family Fannie Mae/ Freddie Mac Uniform Instrument with Mers. In the recitals, on page 3 and 4, it says this:
“Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender’s successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument.”
I assert that there is no law or custom which makes it necessary for MERS to foreclose and sell the properties contrary to the other provisions in Clause 22 of the Deeds which gave the Lender the exclusive power to cause the Trustee to foreclose. I assert that this recital clause does not give MERS the authority to decide and declare that all sums secured by the Deeds are immediately due and payable contrary to the provisions in Clause 22 giving the Lender that authority. Because MERS is not the holder in due course of the Promissory Note, they have no authority in California law nor in any provision granted in the Deed to make any decisions on behalf of the owner(s) of the Notes as to acceleration, or as to electing to cause the Trust Property to be sold.
Furthermore, it should be noted that this recital clause does not make any provision for any successor or assign of MERS to assume the right to foreclose and sell the trust property. The Deed only gave MERS a limited right to foreclose, and that is predicated upon there being a law or custom which MERS must comply with forcing them to foreclose. There is no such law nor custom forcing them to foreclose, becuse foreclosure is an optional act- and in this Deed, that act is reserved to the Lender only.
In this case with my friend, MERS assingned their beneficial interest in the Deed to BAC Home Loans Servicing, and as far as i can tell, BAC, (now Bank of America) received absolutely no rights or beneficial interest whatsoever by being named the Bendficiary of the Deed. The Deed contains no provision whatsoever for an assingee of MERS to take any action whatsoever, especially not to usurp the agreement between the borrower and the Lender which gave the Lender power to order the Trustee to foreclose. It is the Trustee’s fiduciary duty to ensure that only the Lender be allowed to tell them to foreclose.
In this case, B of A sent correspondence this summer that a Wells Fargo REMIC is the creditor of this debt. I assert that this REMIC has no power to foreclose, as no one person is the holder of the note, and as such, they are up a creek!
I await your response!
Paul
AFFADAVIT FROM JOHN O’BRIEN, REGISTER OF DEEDS IN MA – RE: STEVE NAGY OF NEW CENTURY MORTGAGE AND HOME123 CORP.
(NOTE Steve Nagy left those companys in Dec. of 2007–information obtained from discovery in the DE bankruptcy case for New Century)
COMMENTARY AND GOOD ARTICLE BY ABIGAIL FIELD (DEC 2, 2011)
Abigail,
Check out California Penal Code Section 115. It says,
“(a) Every person who knowingly procures or offers any false or
forged instrument to be filed, registered, or recorded in any public
office within this state, which instrument, if genuine, might be
filed, registered, or recorded under any law of this state or of the
United States, is guilty of a felony.”
(b) Each instrument which is procured or offered to be filed,
registered, or recorded in violation of subdivision (a) shall
constitute a separate violation of this section.
(c) Except in unusual cases where the interests of justice would
best be served if probation is granted, probation shall not be
granted to, nor shall the execution or imposition of sentence be
suspended for, any of the following persons:
(1) Any person with a prior conviction under this section who is
again convicted of a violation of this section in a separate
proceeding.
(2) Any person who is convicted of more than one violation of this
section in a single proceeding, with intent to defraud another, and
where the violations resulted in a cumulative financial loss
exceeding one hundred thousand dollars ($100,000).
(d) For purposes of prosecution under this section, each act of
procurement or of offering a false or forged instrument to be filed,
registered, or recorded shall be considered a separately punishable
offense.
And section 115.5:
(a) Every person who files any false or forged document or
instrument with the county recorder which affects title to, places an
encumbrance on, or places an interest secured by a mortgage or deed
of trust on, real property consisting of a single-family residence
containing not more than four dwelling units, with knowledge that the
document is false or forged, is punishable, in addition to any other
punishment, by a fine not exceeding seventy-five thousand dollars
($75,000).
(b) Every person who makes a false sworn statement to a notary
public, with knowledge that the statement is false, to induce the
notary public to perform an improper notarial act on an instrument or
document affecting title to, or placing an encumbrance on, real
property consisting of a single-family residence containing not more
than four dwelling units is guilty of a felony.
Go after a notary’s bond:
Calif. Gov. code 8212.
“Every person appointed a notary public shall execute an
official bond in the sum of fifteen thousand dollars ($15,000). The
bond shall be in the form of a bond executed by an admitted surety
insurer and not a deposit in lieu of bond.”
See section 8213 too.
Then there is 8214:
“For the official misconduct or neglect of a notary public,
the notary public and the sureties on the notary public’s official
bond are liable in a civil action to the persons injured thereby for
all the damages sustained.”
See section 8214 and 8214.15
8214.2. (a) A notary public who knowingly and willfully with intent
to defraud performs any notarial act in relation to a deed of trust
on real property consisting of a single-family residence containing
not more than four dwelling units, with knowledge that the deed of
trust contains any false statements or is forged, in whole or in
part, is guilty of a felony.
(b) The penalty provided by this section is not an exclusive
remedy and does not affect any other relief or remedy provided by
law
Keep reading in this chapter for more on notary misconduct. If we can’t get the Sec. of State to act, perhaps a local peace officer would act. See 8228.
“The Secretary of State or a peace officer, as defined in
Sections 830.1, 830.2, and 830.3 of the Penal Code, possessing
reasonable suspicion and acting in his or her official capacity and
within his or her authority, may enforce the provisions of this
chapter through the examination of a notary public’s books, records,
letters, contracts, and other pertinent documents relating to the
official acts of the notary public.”
If you could get the SOS to annul a Notary’s license (not the right term) retroactively to when it is first determined that the notary performed an illegal act, then every signature that the notary acknowledged after that date would have no force and effect of law.
Hope that this gives you some more ammunition to go after these felons!
Paul Eggli peggli@cox.net
TWO POWERFUL WESTERN STATES ATTORNEY GENERALS ANNOUNCE ALLIANCE FOR INVESTIGATION INTO LOAN ORIGINATIONS, ILLEGALNOTARY ACTS, ROBO-SIGNING ETC
Max’s tips on how to spot mortgage fraud documents
12-15-11 California Congressmen write letter to Obama in support of AG Kamala Harris for not joining multi state settlement (foreclosure) with big banks
http://www.scribd.com/doc/75883473/ACTION-ALERT-TO-NON-CALIFORNIANS-NON-NEVADANS-YOUR-RIGHTS-WILL-BE-TAKEN-AWAY
IMPORTANT CALIFORNIA APPEAL DECISION- 2923.5 MUST BE COMPLIED WITH
WATCH MR RAJA TALK ABOUT HOW HIS SIGNATURE ON A MORTGAGE LOAN TURNED INTO $92 MILLION OF FRAUDULENT TRIPLE A RATED BONDS SOLD TO INVESTORS!!
http://www.scribd.com/doc/76593304/HOW-ONE-MAN-S-SIGNATURE-ON-HOME-LOAN-TURNED-INTO-FRAUDULENT-92-MILLION-WORTH-OF-BONDS-WITH-TRIPLE-A-RATINGS
NEW CENTURY MORTGAGE AND HOME123 CORPORATION VICTIMS OF PREDATORY LOANS. UPDATE. THEY ARE STILL IN BANKRUPTCY IN DELAWARE WITH $30 MILLION IN CASH.
MORE AND MORE HOMEOWNER/BORROWERS WHO HAD PREDATORY LOANS ORIGINATED BY THESE COMPANIES ARE FILING CLAIMS AND ADVERSARY PROCEEDINGS UP IN THEIR BANKRUPTCY. THE JUDGE AND THE BKR TRUSTEE HAVE STATED REPEATEDLY THAT THEY ARE AFRAID OF THE ‘FLOODGATES’ OPENING WITH HOMEOWNER/BORROWER FILING LAWSUITS WITHIN THE BANKRUPTCY (AND CLAIMS). THE BKR TRUSTEE, THROUGH HIS ATTORNEYS WHO GET BETWEEN 100k-300k PER MONTH TO REPRESENT HIM, HAS INDICATED HE INTENDS TO HAVE THE BKR COMPLETE IN 2012.
NO HOMEOWNER/BORROWERS WERE EVER NOTIFIED OF THEIR DECLARING BANKRUPTCY ON 4-2-2007 AND MANY ARE JUST NOW LEARNING THIS. CONSULT AN ATTORNEY TO DETERMINE IF YOU CAN FILE A CLAIM AND/OR LAWSUIT UP THERE.
HERE, THE JUDGE UP IN DELAWARE HAS AGAIN ISSUED A STAY ON A PRO SE HOMEOWNER/BORROWER’S ADVERSARY PROCEEDING. SHE IS NOT EVEN ALLOWED TO DO DISCOVERY. THAT JUDGE DID THE SAME THING TO ANOTHER PRO SE HOMEOWNER/BORROWER.
(NOTE TO WAMU PEOPLE–YOU MAY BE ABLE TO DO SAME, SO CONSULT AN ATTORNEY TO SEE IF YOU CAN FILE CLAIM AND/OR LAWSUIT)
http://www.scribd.com/doc/76666231/12-2011-NEW-CENTURY-MORTGAGE-BANKRUPTCY-JUDGE-DOES-IT-AGAIN-STAYS-A-SECOND-PRO-SE-s-ADVERSARY-PROCEEDING-PREVENTS-DISCOVERY
FINANCIAL FRAUD ENFORCEMENT TASK FORCE (USDOJ-ERIC HOLDER)
EASY ONLINE REPORTING!! GO HERE CLICK ON THE GREEN BUTTON ‘REPORT FRAUD’
http://www.stopfraud.gov/
That is very attention-grabbing, You are a very skilled blogger. I have joined your feed and sit up for looking for extra of your wonderful post. Also, I’ve shared your web site in my social networks
OCCUPY THE ROSE PARADE PHOTOS HERE–ORDERLY-JAN 2012
IN PASADENA, CALIFORNIA
http://www.scribd.com/doc/77215946/OCCUPY-THE-ROSE-PARADE-PHOTOS-HERE-ORDERLY-MARCH-JAN-2012
IF YOU HAD ANY OF THESE NOTARIES ON YOUR ASSIGNMENTS-TAKE ACTION
LONA V CITIBANK –CALIFORNIA APPEAL DECISION
CALIFORNIA APPEAL DECISION—IF THE NOTICE OF DEFAULT HAS THE TERMINOLOGY ‘IF ANY’ THEN IT’S VOID!
CLASS ACTION AGAINST CHASE FOR BANKRUPTCY FRAUD–PHOTOSHOPPED DOCUMENTS, FRAUD
call to action—call Kamala Harris today—Obama putting pressure on AGs to settle—
http://www.scribd.com/doc/79039854/CALL-TO-ACTION-JANUARY-23-2012-OBAMA-PUTTING-PRESSURE-ON-Attorney-General-Kamala-Harris-TO-SETTLE
when calling the California AG in above Call to Action…press 6 listen then press 7 and it will allow you to leave message for her to oppose any blanket foreclosure settlement until all investigations are completed.
Obama is putting pressure on all AGs to settle so he can win re-election.
Jan 24, 2012 OCC Acting Comptroller Walsh’s speech to the American Securtization Forum
Is Schneiderman selling out? Did the White House get to him?
Occupy Davos build igloos –what is Davos?–a place in Switzerland where about 2600 world leaders and finance folks are meeting at the World Economic Forum. Hotel rooms run $500 so the OCCUPY folks are staying in their own built igloos.
http://www.scribd.com/doc/79364915/Occupy-Davos-Protesters-Build-Igloos
EVALUATE THE ASSIGNMENTS SAYS THE UPPER COURT!!
BANK OF AMERICA POSES GRAVE THREAT TO FINANCIAL STABILITY
Michelle Salcido v Aurora Loan Services
Cal Western is foreclosure trustee. Federal District Court in California
Accordingly, Plaintiff has adequately stated a cause of action for wrongful foreclosure, but only against Cal–Western.
The tender rule is not absolute, however, and “tender may not be required where it would be inequitable to do so.” Onofrio v. Rice, 55 Cal.App.4th 413, 424, 64 Cal.Rptr.2d 74 (1997)
STEPS ON HOW TO WRITE COMPLAINT AND ASK FOR INVESTIGATION INTO YOUR MORTGAGE LOAN ORIGINATION AND SECURITIZATION FRAUD FORECLOSURE ISSUES.- NEW INVESTIGATIVE TASK FORCE!!
http://www.scribd.com/doc/79626467/TAKE-ACTION-NOW-How-to-Get-Your-Loan-Origination-Fraud-Securitization-Issues-Related-to-Your-Foreclosure-to-the-New-Fraud-Task-Force
ESPECIALLY IMPORTANT TO NEW CENTURY MORTGAGE AND HOME123 CORPORATION VICTIMS. ALSO WAMU, COUNTRYWIDE ETC.
EVEN IF YOUR ORIGINAL ‘LENDER’ IS DEFUNCT—-DO IT
Bloomberg
Proposed Mortgage Deal Said to Be Limited to Foreclosures
Lorraine Woellert, ©2012 Bloomberg News
Saturday, January 28, 2012
(Updates with exclusions starting in third paragraph.)
Jan. 27 (Bloomberg) — A proposed multistate settlement to resolve probes of flawed foreclosure practices won’t release banks from criminal liability, according to a person briefed on the talks.
Any final agreement will be narrowly focused to release banks from claims related only to documentation errors and other so-called robo-signing conduct, said the person, who declined to be identified because the talks are ongoing.
U.S. regulators including the Federal Deposit Insurance Corp., Federal Reserve, Securities and Exchange Commission, Consumer Financial Protection Bureau and Department of Housing and Urban Development would be free to pursue cases related to securities fraud, loan origination and other practices, the person said.
Banks wouldn’t be released from tax or fair-lending claims. They also wouldn’t be freed from liability related to Merscorp Inc., a registry for real estate deeds and liens that acts as a proxy for banks that pool and sell mortgages.
Claims by state pension funds, including those related to their purchases of mortgage-backed securities, also wouldn’t be affected by a final settlement, the person said.
Streamline Investigations
In a separate announcement today, U.S. Attorney General Eric Holder said a new multiagency mortgage unit will help streamline investigations into mortgage-backed securities and the subprime lending collapse.
Federal regulators and attorneys general from all 50 states have been investigating foreclosure practices for more than a year after the discovery that banks, faced with a flood of loan defaults, used flawed documents in seizing homes.
Attorneys general disagree over the scope of a final accord, which could be worth $25 billion in aid to homeowners if all states join in. Yesterday, California Attorney General Kamala Harris called the latest proposal “inadequate.”
Banks have used the robo-signing talks to push for a broader release of liability, including protection from claims related to the sale of mortgage-backed securities to investors including pension funds.
Under the draft agreement still being negotiated, banks would get credit for helping borrowers refinance into less- expensive loans and forgiving mortgage debt on homes that have fallen in value. Banks also would agree to improve their foreclosure practices.
Iowa Attorney General Tom Miller said in October that the settlement, under negotiation for since April, wouldn’t prevent state and local officials from pursuing other claims, including those related to packaging mortgages securities.
Harris and others, including New York Attorney General Eric Schneiderman, are conducting their own investigations into bank practices related to mortgage lending and securitization.
The nation’s largest mortgage lenders and servicers, including Bank of America Corp., JPMorgan Chase & Co., Citigroup Inc., Wells Fargo & Co. and Ally Financial Inc., are participating in the negotiations.
–With assistance from David McLaughlin in New York. Editors: Gregory Mott, Maura Reynolds
To contact the reporter on this story: Lorraine Woellert in Washington at lwoellert@bloomberg.net
To contact the editor responsible for this story: Maura Reynolds at mreynolds34@bloomberg.net
Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/g/a/2012/01/27/bloomberg_articlesLYGVL007SXKX01-LYH04.DTL#ixzz1kmcoPQRl
A heads up to bankcruptcy consumers and attorneys: Google the new changes in Proof of Claim form 10. The new form requires the banksters to identify themselves as merely servicers and not the real party in interest or lender. More importantly, it requires that they sign under penalty of perjuryl, and threatens them with 5 years in prison.
So naturally, the banksters are ignoring the new form and filing the new form, which is illegal, but they’ll just say they didni’t notice.
SO—make sure you scrutinize every claim and be ready to challenge every claim. You must report every violation to the U.S. Bankruptcy Trustee regional office. Or you can report it to a nonprofit like the national consumer law center (www.nclc.org) or to http://www.publiccounsel.org) and they will compile the violatons and report them.
Most attorneys are scared to challenge proofs of claim because they lack the resources or don’t want to rock relationships. But if you want to be a lawyer and serve your clients, you must, else you are just a high paid clerk.
DO NOT LET WASHINGTON DC TAKE YOUR CONSTITUTIONAL RIGHTS AWAY- USE THIS WORD TEMPLATE TO PRESERVE YOUR RIGHTS TO FIGHT ROBO-SIGNING AND DEFEND YOUR PROPERTY IN FORECLOSURE ACTIONS
http://www.scribd.com/doc/79983969/FORECLOSURE-VICTIMS-CALL-TO-ACTI…
FEEL FREE TO MODIFY THE TEMPLATE. IT ALSO LISTS KEY FAX NUMBERS FOR WASHINGTON DC CONGRESSIONAL COMMITTEES
YOU MAY NEED TO REVISE AND ADD YOUR US CONGRESSMAN AND REPS
YOU CAN USE RINGCENTRAL FOR FAX SERVICES $9.99 PER MONTH, NO CONTRACT. YOU SET UP FAX NUMBERS ONCE AND THEN USE OVER AND OVER AGAIN
EXCELLENT EXCELLENT REPORT——
CONGRESSIONAL OVERSIGHT PANEL REPORT ON ‘EXAMINING THE CONSEQUENCES OF MORTGAGE IRREGULARITIES FOR FINANCIAL STABILITY AND FORECLOSURE MITIGATION.
feb 3 2012–OCCUPY LA’s Letter to Kamala Harris urging her to not settle and to place a moratorium on foreclosures
podcast–california attorney wins free house before ninth circuit court of appeal
http://www.scribd.com/doc/80497167/Attorney-Wins-Free-House-Before-Ninth-Circuit-Court-of-Appeals-PODCAST
WHAT?? NEW CENTURY BRINGING IN $$ AND THEY HAVE BEEN IN BANKRUPTCY FOR OVER 4 YEARS NOW.
CHECK OUT THEIR LATEST FINANCIAL STATEMENT.
THERE ARE 15 HOMEOWNER/BORROWERS UP IN THEIR BANKRUPTCY FIGHTING. CONSULT AN ATTORNEY TO SEE IF YOU SHOULD FILE A CLAIM, AN ADVERSARY PROCEEDING OR WHAT STEPS YOU MIGHT BE ABLE TO TAKE.
TWO PRO SE’S EACH GOT BETWEEN 60k-80k UP THERE IN THAT BKR AS PART OF SETTLEMENT.
THAT COURT WILL DO NOTHING TO STOP ANY FORECLOSURE OR EVICTION, BUT YOU MIGHT BE ABLE TO GET OTHER RELIEF. CONSULT AN ATTORNEY.
NEW-ACTION PLAN TO STOP FORECLOSURES-COMMUNITY BASED
AG Kamala Harris’ Youtube announcement of Foreclosure Settlement for California
STATE BY STATE LIST OF AMOUNTS OF THE FORECLOSURE SETTLEMENT
please sign this petition. thank you
http://www.change.org/petitions/tell-ag-kamala-harris-to-investigate-get-an-injunction
A real who-done-it!! Did Goldman Sachs subvert…..
If you are doing the OCC free foreclosure review, you now have til July 31, 2012 to ….
http://www.scribd.com/doc/81710589/YOU-HAVE-TIL-JULY-31-2012-FOR-THE-FREE-OCC-FORECLOSURE-REVIEW
here is the Phil Ting Report ==Foreclosure Irregularities===Feb 2012
Correct recorded documents essential!! Here is the Youtube video ————–
Tammy Freeman v. Quicken Loans -Oral Args Transcript at the US Supreme Court re: RESPA
AFFIDAVIT OF DANIELLE STERLING–SHE DID NOT ENDORSE THE NOTE–IN JUNK V CITI
NOT HER!! BUT SOMEBODY USED HER SIGNATURE
CALIFORNIA AG KAMALA HARRIS PRESS RELEASE 2-29-2012 ANNOUNCING HOMEOWNER BILL OF RIGHTS
BRAND NEW OCCUPY PROTESTS AT THE CRIME SCENES–COUNTY RECORDER’S OFFICES ACROSS CALIFORNIA–MARCH 12 2012
CONGRESS PASSES ANTI-OCCUPY LAW-FELONY
SOMETHING GOOD FOR HOMEOWNER IN HER APPEAL IN SEVENTH CIRCUIT- SEE ORDER, OPINION, MOST APPEAL FILINGS HERE
CALIFORNIA AG KAMALA HARRIS ARRESTS 3 NORTHERN CALIFORNIA ATTORNEYS FOR LOAN MOD SCAM. TODAY.
http://www.scribd.com/doc/84553358/AG-Kamala-Harris-Arrests-3-Attorneys-in-California-for-Loan-Mod-Scam-March-8-2012
THANK GOODNESS THE ATTORNEYS FILED A PETITION FOR PANEL REHEARING IN THE MCOMIE-GRAY TILA APPEAL DECISION IN THE NINTH CIRCUIT!!
AMICUS BRIEF FROM NCLC IN SUPPORT OF APPELLANT MCOMIE-GRAY IN NINTH CIRCUIT APPEAL CASE RE: TILA AND 3 YEAR
MORTGAGE LOAN FRAUD REPORTS ROSE IN CALIFORNIA
AG SETTLEMENT COMPLAINT FILED IN FEDERAL COURT AND CHASE AND BOA PROPOSED CONSENT JUDGMENTS
PROPOSED CIT AND WELLS FARGO CONSENT JUDGMENTS IN AG SETTLEMENT FILED MARCH 2012 IN FEDERAL COURT
Thought you might find these of interest I absolutely hammered them I went after their exhibits their affidavits and their legal counsel. I used a couple of your examples to guide me as I never practiced law I did go to school just never could figure how to do the job without going bad. I put being an attorney like being a Rabbi or Priest that the truth must always come from your mouth or shut up. Any hoo here’s a link to the collection of docs I filed on the 2nd of March in response to plaintiffs attempt to beat the Maine Legislation HR 128 LD 145 that would make it a crime to try and foreclose without the original documents in hand. While this matter is on appeal with the Federal Court in Boston where I made the same pitch but from a constitutional angle that jurisdiction is of no consequence when the court has failed in its job to demand the plaintiffs have standing.
http://www.scribd.com/collections/3520971/BANSC-RE-2010-187-CASE-FILES
Anyway we’ll see where that all goes but I put both courts between a rock and a hard place and demanded sanctions and declaratory and injunctive relief that amounts to quiet title and send the opposing counsel home with no bar card. I could get lucky seems the courts are seeing the light and seeing how the pension plans they have could give the appearance of a conflict of interest which I also mentioned in the federal appeal.
MARCH 12 2012 OIG HUD AUDIT REPORT ON BANK OF AMERICA–ILLEGAL NOTARIZATIONS AND THEY USED PERSONNEL IN INDIA TO VERIFY JUDGMENT FIGURES BUT BOA EMPLOYEES COULD NOT EXPLAIN HOW THEY DID IT
MARCH 12 2012 OIG HUD AUDIT REPORT ON CHASE–IT HAD NO EFFECTIVE CONTROL OVER ITS FORECLOSURE PROCESSES AND ILLEGAL NOTARY ACTS PLUS MUCH MORE
HOLD ON THERE PARTNER!! INVESTORS THREATENING TO SUE OVER THE AG SETTLEMENT WITH BIG BANKS. THEY SAY THEY HAD NOTHING TO DO WITH THE ROBO-SIGNING SO WHY SHOULD THEY PAY!!
SHORT VIDEO CLIP TOO
A FASCINATING READ ON INSIDE PROCESSING OF COLLATERAL OF COUNTRYWIDE-BAC IN THE DEPOSITION OF MICHELE SJOLANDER WHO GAVE A POWER OF ATTORNEY TO HAVE OTHERS ENDORSE THE PROMISSORY NOTES. SHE DOES NOT KNOW WHO THEY ARE.
CA HOMEOWNER SCORES!!
OCC ACTING COMPTROLLER WALSH SPEECH OF MARCH 26 2012
CONSUMER WARNING
READ JOHNSON’S COMPLAINT WITH EXHIBITS HERE AGAINST HSBC AND BOA–HE SURVIVED THE BANKS’ MOTION TO DISMISS
HAWAII JUDGE SEABRIGHT GETS IT!! BIG WIN FOR HOMEOWNER WILLIAMS. DEUTSCHE HAD NO STANDING. LOAN ORIGINATOR NEW CENTURY IN BKR SO RED FLAG GOES UP ABOUT THE FRAUDULENT ASSIGNMENT!!
THIS POST HAS DISCUSSION, AND THE COMPLAINT AND OTHER RELEVANT CASE DOCUMENTS.
RALPH FIGHTS BACK!!
HOMEOWNER INTERROGATES YALE LAW SCHOOL GRAD IN THE NEW CENTURY MORTGAGE BANKRUPTCY
LANDMARK TILA OPINION JUST CAME DOWN TODAY!!
BORROWER NEED NOT FILE TILA LAWSUIT WITHIN 3 YEARS IF THEY DID SEND THE NOTICE OF TILA RESCISSION WITHIN 3 YEARS
GMAC gets away with stealing. They just filed for bankruptcy and it all just went away. 30k in lawyers fees and I’m left hight and dry. We’ve seen this before…. Gerald Celente is absolutely correct. Welcome to the United Socialist States of America! Tim, I hate to say it, it’s all in vain.
Yes, i have (had?) a suit against GMAC. These crooks LIED their way out of my fraud case. THEN posted to all my credit bureaus that I now owe GMAC $16 MILLION on the same loan they SWORE in court they never owned! They furthered that by having posted 25 120 late payments on this nor existant loan! THEN they reposessed my Denali! They SWORE in court they never owned my Title to avoid liability, BUT went into another court and swore there they DID own it! Three years later, they “assigned” the U.D. over to another lender, who promptly evicted me, while GMAC claimed to have never owned the Title. I filed a separate action for the “Defamation of Credit” and for “Accounting” A temporary Judge ruled that it was “Res Judicata” which it was not, since this happened AFTER the suit was filed. It is now in the Ca. Appellate Court, and the judges were shocked by GMAC’s actions. Just about the time they were to rule, GMAC files B.K. in my case. It is a Chap 11, so either Ally, or the Gov’t will probably bail them out,The judge in the Trial court in Santa Ana, has seen these shenanigans by GMAC and HE wants their ASSES in front of him. He wants to make an example of these crooks.
That ERIC JONES IS A FRAUD Timothy. Take real care who you recommend.Your credibility would be in dude.
NEW CENTURY MORTGAGE AND HOME 123 CORP VICTIMS===
BREAKING NEWS===THE IRS IS GIVING BACK $131 MILLION DOLLARS TO THE NEW CENTURY BANKRUPTCY. THIS STATED IN HEARING ON AUGUST 14 2012.
IF YOU HAVE NOT DONE SO, CONSULT AN ATTORNEY TO INQUIRE ABOUT A BANKRUPTCY CLAIM OR ADVERSARY PROCEEDING AGAINST THEM.
WONDERING WHY CALIFORNIA FORECLOSURE VICTIMS NEVER WIN IN COURT? CHECK OUT THE JUDGE’S RETIREMENT INVESTMENTS WHICH ARE LOADED WITH MBS & ABS. ADMINISTERED BY CALPERS. WHAT A CONFLICT OF INTEREST!
Los Angeles City Attorney Kicks Butt–files huge lawsuit against US Bank as Trustee for a myriad of securitized trusts! See If yours is listed!! Charges Illegal Evictions and Blight and various other violations! read the complaint here
http://www.scribd.com/doc/104655945/Los-Angeles-City-Attorney-Kicks-Butt-files-huge-lawsuit-against-US-Bank-as-Trustee-for-a-myriad-of-securitized-trusts-See-If-yours-is-listed-Cha
We are looking for a robo-signer named John Gilvarry. Have you come across this name or can you point me in the right direction to look? I have found nothing about this person on the internet.
Thank you.
BIG BIG APPEAL WIN IN CALIFORNIA FOR HOMEOWNER!!
AMAZING==NINTH CIRCUIT COURT OF APPEAL IN CALIFORNIA ORDERS DEUTSCHE BANK TO ANSWER THE EMERGENCY ORDER TO SHOW CAUSE WITHIN 3 DAYS IN THE BRIAN DAVIES FORECLOSURE MATTER. THE SECOND LINK DESCRIBES HOW DEUTSCHE et al VIOLATED AN INJUNCTIVE STAY IN THE CASE:
http://www.scribd.com/doc/120648676/NINTH-CIRCUIT-APPEAL-COURT-ORDERS-DEUTSCHE-TO-ANSWER-THE-ORDER-TO-SHOW-CAUSE-IN-THE-DAVIES-CASE
SEE THE SECOND LINK FOR THE WIN FOR HOMEOWNER IN THIS SECURITIZATION-FORECLOSURE CASE
http://www.scribd.com/doc/120655067/WIN-FOR-HOMEOWNER-HSBC-BANK-USA-V-JODI-B-MATT-JAN-14-2013
NEW CFPB DIRECTOR REMARKS THAT CURRENTLY 10 MILLION HOMES ARE AT RISK OF FORECLOSURE!!
Recent filing in the New Century Mortgage (now New Century Liquidating Trust) bankruptcy in Delaware (chpt 11). New Century filed for bankruptcy on 4-2-2007 and is still in bankruptcy as of Feb. 6 2013. The next Omnibus hearing is March 7, 2013 at 10AM Delaware time.
Take a read on this pleading……………..
HERE YOU GO–BANKRUPTCY TRUSTEE’S LAW FIRM FILES LEGAL MOTIONS TO GET JUDGE TO APPROVE WHOLESALE DESTRUCTION OF MORTGAGE LOAN FILES—EVEN GOING BACK AS FAR AS 2004! THESE WOULD BE THE MORTGAGE LOAN FILES AND OTHER DOCUMENTS (SECURITIZATION RELATED, OPERATIONS) FOR…………….
ANY ATTORNEYS WANT TO JUMP IN HERE TO PREVENT THIS? THE BANKRUPTCY TRUST STILL HAS MILLIONS IN CASH AVAILABLE.
When you have original deed stamped and signed in blue
With original paperwork from lender paid in full returned to you, must it be returned if your equity loan that paid this off was a foreclosure that had wrongs, unfair practices, truth in lending,errors,falsified, predatory lending, that the bank did not follow the banking laws regulations that was fraud. Causing physical injuries and sickness need returned to the bank or lawyer for government use latter against one or for what ever reason?
Is it law that these original docs would have to be returned then out of ones hands after owning 22 years. Plus all the title deed of trust and trustee original truth in lending every doc from original mortgage loan 1989 all in one lending co mortgage name stapled together showing the fraud and original loan holder prior payoff need to be given in order to get compensation?
Honestly they would get a copy of these docs
Unless these can be quick claimed over to a family member?
Send answer to [princessjaneth@hotmail.com]
Thank you kindly rebecca
Tell me why Martha Lopez the women who lives at my home has businesses at this addresses every dam place? Fraud foreclosure fraud seems possibly they screwed me out of my life world to confused put out to pasture why not all the dam cars and people kids who live in my upgrading home not that dam banks the forgers they wanted my home I believe this
Why doesn’t any one contact me or tell me what is honestly going on today with this ?
Two years long enought
I need Finanical help ASAP is there any way I can get loan until my credits shot
I’m drained angry upset just a mess itchy nerves it breaks my heart and god help America
Can I come in to speak with you, will you be straight up honest to me? If I cash their checks IFR state ca national settlement or what ever who ever compensates me if will I be screwed over again ?
I’m frightened to death each day the news gets worse and worse killings murders found dead. I am 55 single with my dog trying to survive. Only I’m getting depressed deeper I’m such a mess for what 125,000 dollars for three years in hell that fixes it bull shit
I’m pissed sad I don’t know where how or when to anything in life my stuff locked away in storage that I can’t even get into
I thought I’d get my home back
They messed with me. Now draining my bank checking on collections debits I’m going to stop that bank acct and tell them to go f their self
Who cares now honestly who gives a crap
Hey ssi disability that I may becut off from that sorry this life is not worth it
I had enough I’m so depressed I don’t like how my head jumps around and around until I can’t rest. Stress deadly on a person stress give heart attracks and its not doing well today I’m displaced they get money back who is the good guys and who are the bad. I don’t trust. I am not sure if they played a ugly joke saying this then that or am I losing my dam mind. Federal court case # what
Where I need a motel voucher for a month hopefully some income from their lies fraud comes in by the end of this month
Or I toss in my towel I’m done it is so unfair that America treats their own this way
Justice what is justice have we seen any justice on IFR ? Not the lawyers who won clients cases that were paid this was for Americans who were wrongly foreclosed on the occ federal CFPB to make these bastards pay
Now sue? Do I need to find a lawyer? What do I need to do before statue of limitations run out ASAP ? I want help only what do I do who do I trust where do I call
FEB 2013 REPORT ON THE NATIONAL MORTGAGE SETTLEMENT
19 BILLION ON SHORT SALES!!
LET THE SHREDDING OF EVIDENCE BEGIN. JUDGE ORDERS DESTRUCTION AND ABANDONMENT OF DOCUMENTS AND FILES FOR MORTGAGES IN THE BANKRUPTCY OF NEW CENTURY MORTGAGE AND HOME123.
HOMEOWNER/BORROWERS–IF YOU HAVE NOT ALREADY GOTTEN YOUR NECESSARY DISCOVERY—TOUGH LUCK!!
GOLDMAN SACHS MAKES SURE THEIR SUBPOENA OF NEW CENTURY FOR DOCUMENTS AND FILES IS UPHELD
DI 11101 IN THE NEW CENTURY BKR CASE FILED MARCH 2013
CALIFORNIA PRO PER WINS APPEAL AGAINST JPMORGAN CHASE
I do not understand this. Dam it stressful
Not sure where what who I can go to for help due to my income SSI disability extremely low limited
Plus I am sick with flew my head comprehension is not working anylonger with all this Legual legislation laws. God help me I’m tired of homeless 2 years and don’t know if I even have or had a case except cfpb they found Mers and said move on its over. But what about justice served. ? No compensation yet nothing no one will even speak with me on all this. I’m alone out here wanting not to wake up. But I would not hurt myself or any one ever I’m chicken. Just so lost and very confused. Tears keep falling life is hard enough but after 2 years homeless my body is deterating I feel it very hard to move lift carry my L 6&7 have been broken from 2007. Is there any one place for me to get the honest help I need today I’m lost displaced its killing me daily
CLASS CERTIFICATION
VICTORY!! CALIFORNIA HOMEOWNER STOPS A FORECLOSURE USING THE NEW CALIFORNIA HOMEOWNER BILL OF RIGHTS. HIS ATTORNEY CAN COLLECT HIS ATTORNEY FEES FROM THE BANK. BECAUSE SINGH WON THE INJUNCTION–HIS ATTORNEY WILL GET PAID BY THE BANK!! FIND THOSE ATTORNEYS TO HELP YOU IN CALIFORNIA.
look at this—what a federal judge says in California–he does not have time!!
also states on the record that we should contact our senators!!
what…because he does not have time…means our due process rights go out the window??
look at attached case decisions….
June 6 2013–appeal decision-win for homeowner-BOA note and deed separated–BOA no authority to negotiate a loan mod at mediation
DISCOVERY CAN PROCEED! CLASS ACTION ON PMI -2013
this california judge gets it
Chase class action -june 2013
HERE IS The COMPLAINT TO MY EARLIER POST TODAY ON THE CHASE CLASS ACTION
WHERE ARE THE ATTORNEYS?? STEP FORWARD!!
ONE SINGLE PRO SE FIGHTING HARD FOR ALL HOMEOWNER-BORROWER-CREDITORS UP IN THE NEW CENTURY MORTGAGE AND HOME123 CORPORATION BANKRUPTCY. THAT LIQUIDATING TRUST STILL HAS MILLIONS OF DOLLARS IN IT!
HOW ABOUT IT ATTORNEYS—READY TO ROLL UP YOUR SLEEVES??
CALIFORNIA CODE 27388–REAL ESTATE FRAUD TRUST FUND
Wells Fargo and Chase Quietly Prepare to Take Over BOA and Citi as They Collapse
Posted on June 28, 2013 by Neil Garfield
Major banks [WELLS AND CITI] have reportedly made proposals to the Fed on how to pay for the restructuring of large financial institutions that collapse, with the idea being to avoid the chaos that followed Lehman’s bankruptcy. Among the suggestions, the largest financial-services holding companies would maintain combined debt and equity equal to 14% of their risk-weighted assets, which would be used to support any failed bank unit seized by regulators. Full Story: http://seekingalpha.com/currents/post/1100632?source=ipadportfolioapp
Editor’s Analysis: This is why I keep insisting on following the money trail rather than the paper trail. The paper trail is full of lies. The money trail cannot be faked. Or to put it more succinctly anyone who tries to fake the money trail will probably end up in jail. Checks, wire transfers, ACH transfers leave footprints throughout the electronic funds transfer infrastructure. In the paper trail there are documents that describe transactions as if they had occurred. It is the money trail that will tell you whether or not any transaction in fact did occur and if so, when and under what terms.
PRACTICE HINT: the money trail (Canceled checks, wire transfer receipts) is the main point. The paper trail should only be used to corroborate your allegations concerning the reality of the transactions after you have shown that the money trail reveals an entirely different story — or that the banks are stonewalling access to the money trail because it will prove beyond a reasonable doubt that everything they have said in the creation of the mortgage, transfers of the mortgage, defaults and the mortgage, foreclosures, auction sales, credit bids and attempts for modification is a complete lie.
Bank of America has approximately $300 billion on its balance sheet which are composed mainly of mortgage bonds (unsupported by any transaction in which money exchanged hands or any other consideration; and not backed by any loans which never made it into the asset pools that issued the mortgage bonds). It is one thing when people like me saying that the bonds are worthless and that Bank of America is broke. It is quite another when investors and traders arrive at the same conclusion. Recent trading activity indicates that a number of investors and traders are betting that Bank of America will collapse. They have arrived at the conclusion that the mortgage bonds are either worthless or not worth anything near what is reported by Bank of America. As rates go up the treasury bonds bought by Bank of America in exchange for free money at the Federal Reserve window, will drop like stones. This will leave Bank of America with insufficient capital to operate at its current levels.
What is interesting is that two banks submitted a proposal for resolution of a bank that had been too big to fail. The two banks that submitted the proposal were Wells Fargo and Chase. Notably absent was Bank of America and Citibank. I take that to mean that the government and the financial community are expecting Bank of America and possibly Citibank to collapse and that it might be very soon. The timing of the Wells Fargo and Chase proposal might well be their assessment that the time is near and that if their proposal is the only one on the table it will be the one that is used by the government.
FALLING BOND PRICES AND RISING YIELDS ARE THREATENING THE RECOVERY IN THE BALANCE SHEETS OF GLOBAL BANKS: Falling bond prices and rising yields are threatening the recovery in the balance sheets of global banks, which have built up huge portfolios of liquid securities to comply with regulatory requirements and due to a lack of better investments. For example, 90% of Bank of America’s (BAC) $315B portfolio comprises mortgage bonds and Treasurys. Some analysts, though, believe that QE tapering should increase interest margins and offset the one-time hit to book values because of rising bond yields. Full Story: http://seekingalpha.com/currents/post/1105882?source=ipadportfolioapp
THE FUTILITY OF OF BANKS FIGHTING REPRESENTATION AND WARRANTIES LAWSUITS OVER MORTGAGE BACKED SECURITIES: Flagstar Bancorp’s (FBC +2.7%) weekend settlement with Assured Guaranty (AGO -3.3%) for $105M (vs. the $106.5M court verdict) shows the futility of banks fighting representation and warranties lawsuits over MBS, writes Mark Palmer. Next up is BofA (BAC) which has already settled with Assured and MBIA (MBI), but is still tussling with Ambac (AMBC). Credit Suisse (CS) and JPMorgan (JPM) have also been reluctant to settle with the monolines. Flagstar is sharply higher in a bright red market as the settlement removes a big overhang on the stock. Full Story: http://seekingalpha.com/currents/post/1101932?source=ipadportfolioapp
[Editor: If the loans were real and the bonds were real, why would this be necessary?) BOA Caught Gesturing to Witness Coaching Answers: Bank of America’s (BAC) Article 77 hearing is on hiatus until July 8 to allow the presiding judge time on other cases. Day 8 of the hearing was an uneventful one, reports Mark Palmer, notable mostly for the judge admonishing an attorney representing the supporters to quit coaching (through gestures) a witness on the stand. Full Story: http://seekingalpha.com/currents/post/1087682?source=ipadportfolioapp
One way to profit from the false values of loans and the false representations of ownership is to buy them up as though they were real. The buyers have real bargaining power with the mere threat of revealing the bonds to be worthless and the ownership unknown. [I propose to put together a fund that offers the payment if ownership can be proven beyond a reasonable doubt]: Deutsche Bank (DB) is leading a wave of big banks ramping up exposure to single-family housing by extending credit to Wall Street firms so they can buy up homes to turn them into rentals. The bank reportedly just lent another $1.5B to Blackstone (BX) after an earlier $2.1B line got used up. Wayne Hughes’ American Homes 4 Rent has as much as a $1B line from Wells Fargo (WFC), and SilverBay Realty (SBY) just inked a $200M facility from Bank of America (BAC) and JPMorgan (JPM) Full Story: http://seekingalpha.com/currents/post/1087962?source=ipadportfolioapp
Traders betting big on BOA collapse: The purchase of 50K January $11 puts on Bank of America (BAC) yesterday was indeed a the initiation of a position, writes Steven Sears, noting this morning’s open interest shows a 50K rise to 116,958 contracts. Rather than an outright bearish position, the purchase could just as easily be a BofA long hedging his/her bet (though the recent uptick in volatility has made this a more expensive move).
Full Story: http://seekingalpha.com/currents/post/1111972?source=ipadportfolioapp
JPMorgan Looks Like A Winner to Traders — probably because the U.S. government will look to Chase and Wells Fargo when BOA and Citi collapse: Full Story: http://seekingalpha.com/article/1526362?source=ipadportfolioapp
BOND MARKET LIQUIDATION: Bond Funds Hit With Biggest Outflows Ever This Week
http://www.businessinsider.com/weekly-epfr-fund-flows-data-june-26-2013-6
[Editor: When mortgage rates rise the price of older bonds with lower interest falls. Most people agree rate increases are inevitable which means that the value of Treasuries and other bonds offering tiny returns are going to fall like stones. The ripple effect is going to be on going for years] Mortgage rates jump to highest in 2 years [Some novices are trying to make the case that if rates double bond prices will fall by half. That is not true and never has been true. Despite the value of the bond on the market the face value remains the same so the GAIN between the purchase price and the Face Amount (Principal) of the Bond must be factored in by using the present value of the that gain over the remaining term of the loan]
http://www.bizjournals.com/dayton/blog/morning_call/2013/06/mortgage-rates-jump-highest-in-2-years.html
[Editor: This is a disaster waiting to happen for the banks. When those modifications are done they will face trillions in liability for insurance and credit default swap proceeds and probably claims from the Federal Reserve because the true value of the bonds will be marked down to market contrary to the representations of the banks when they sell the bonds to the FED] Regulations are now in effect that will prohibit Mass. foreclosures if loan modifications cost less
http://www.boston.com/businessupdates/2013/06/26/regulations-are-now-effect-that-will-prohibit-mass-foreclosures-loan-modifications-cost-less/4W2NEXiN7w9xvNruGBxpXL/story.html
Foreclosure documentation issues trap investors, creating litigation risk
http://www.housingwire.com/fastnews/2013/06/21/foreclosure-documentation-issues-trap-investors-creating-litigation-risk
Must See Video: Arizona Homeowners Losing their Homes to Foreclosure Through Forged Documents
http://4closurefraud.org/2013/06/21/must-see-video-arizona-homeowners-losing-their-homes-to-foreclosure-through-forged-documents/
Lawsuit: Bank of America Gave Employees Gift Cards for Hitting Foreclosure Quotas
http://www.breitbart.com/Big-Government/2013/06/24/Lawsuit-Bank-of-America-Gave-Employees-Gift-Cards-For-Foreclosures
[Editor: This is BOA putting distance between itself and policies and procedures that produce an illegal result] Bank of America Said to Send Property Reviews to India
http://www.bloomberg.com/news/2013-06-27/bank-of-america-said-to-send-property-reviews-to-india.html
[Editor: I doubt if this tactic applies to most people] Illinois Attorney Saves Homes from Foreclosure Using Reverse Mortgages
http://mandelman.ml-implode.com/2013/06/illinois-attorney-saves-homes-from-foreclosure-using-reverse-mortgages/
GOOD NEWS FOR THIS CALIFORNIA HOMEOWNER-BORROWER—CERT FOR PUB CASE–FIDUCIARY DUTY-VERY UNIQUE CASE -JUNE 2013
NOTE:—the post which says posted by Neil Garfield is in error. jellybeans posted it by mistake. However, if you like the article on how Chase and Wells may be planning to take over BOA and Citi…..visit the Garfiled blog site called LivingLies Weblog
it is a treasure trove of information
Here is something to do for you all! The CFPB has issued some new proposed rules for mortgages. You can give feedback to them up until July 22nd. 174 pages of proposed rules. Go for it.
This man has better chance of surviving brain tumor than a foreclosure in California!!!
BIG WIN CALIFORNIA APPEAL COURT (STATE) –BORROWER MAY CHALLENGE THE SECURITIZED TRUST’S CHAIN OF OWNERSHIP.
FINALLY FINALLY FINALLY!!
DEADLINE SOON—YOUR ASSISTANCE URGENTLY REQUIRED —
WORD TEMPLATE TO USE TO HELP US
THE CALIFORNIA APPEAL COURT CERTIFIED FOR PUBLICATION THE GLASKI CASE ON 8/8/2013. CALIFORNIA HOMEOWNERS PAY ATTENTION!
HERE IS THE DECISION IN GLASKI V BOA NOW CERTIFIED FOR PUBLICATION –APPEAL COURT IN CALIFORNIA
NINTH CIRCUIT SAYS BORROWERS CAN SUE WELLS FARGO OVER MORTGAGE MODIFICATIONS—CORVELLO CASE
THESE INVESTORS NOT HAPPY AND JPMORGAN CHASE CAN’T BE EITHER!
DAMMING FACTS AGAINST NEW CENTURY MORTGAGE AND HOME123 CORPORATION.
REMEMBER, AS OF TODAY 9-3-2013, NEW CENTURY MORTGAGE AND HOME123 CORPORATION STILL IN ACTIVE BANKRUPTCY IN DELAWARE (NOW CALLED NEW CENTURY TRS HOLDINGS INC. AND NEW CENTURY LIQUIDATING TRUST WITH APPTD. TRUSTEE ALAN JACOBS REPRESENTED BY HAHN & HESSEN–THE CASE IS 07-10416 KJC)
WELL-TWO DIFFERENT FORECLOSURE TRUSTEES IN A CALIFORNIA CASE DID NOT WORK! SO SAYS A CALIFORNIA APPEAL COURT IN AUG 2013. MISSING SUBSTITUTION OF TRUSTEE DOC.
DIMON ARRIVES AT JUSTICE DEPARTMENT SEPT 2013
Attorney Deceit Statutes
SEE THIS ON QUI TAM LYNN
http://www.huffingtonpost.com/richard-zombeck/lynn-szymoniak_b_4033877.html#postComment
CALL TO ACTION
http://www.scribd.com/doc/174611361/CALL-TO-ACTION-URGENT-MUST-SUPPORT-CONTINUED-CERTIFICATION-OF-PUBLICATION-OF-THE-GLASKI-APPEAL-DECISION
ATTORNEY MICHAEL PINES PUTS OUT REQUEST FOR ASSISTANCE TO ENLIST THE CFPB WITH THIS MATTER—
CHECK OUT THIS APPEAL DECISION IN CALIFORNIA
I’m restricted onto your site(
Hey will I ever find a place to call home again like we had?
God help me three years put out to pasture at 53 almost 56 years old single woman who had their home stole out from under after 22 years.
They put me out to pasture and left me out here. It’s sad
Fraud foreclosure all the way only justice was to of been served. Only this is the justice America gave me homeless living in out of my car. With angel my service dog
Torn my family apart
Destroyed me. I’m lost displaced. God please pray for myself and family
Thank you
Rebecca
Ps my emails are all filled with make money on line I never Got a penny(
How dare they ?
check out this ruling of dec 2013 –a demurrer defeat for Deutsche Bank National Trust
http://www.scribd.com/doc/191332177/Dec-2013-Lucas-vs-Meridian-Foreclosure-Service-Ruling-on-Demurrer-GLASKI-WIN-Copy
THERE ARE STILL SOME HOMEOWNERS FIGHTING UP IN THE DELAWARE BANKRUPTCY OF NEW CENTURY MORTGAGE AND HOME123 CORPORATION. THIS WAS FILED DEC 2013
EXHIBITS TO THE ADVERSARY PROCEEDING
BIG DECEMBER 2013 OCWEN SETTLEMENT FOR 2.1 BILLION
http://www.scribd.com/doc/192588188/BILLION-DOLLARS-SETTLEMENT-WITH-OCWEN-DEC-2013-KAMALA-HARRIS-CALIFORNIA-AG-NEGOTIATED-2-1-BILLION
SEE WHAT THIS PERSON IS DOING TO EXPOSE THE INVESTMENT SCAM!!
CHECK THIS OUT. KAMALA HARRIS -AG OF STATE OF CALIFORNIA- MAKES BIG ARRESTS INCLUDING TWO ATTORNEYS –
FILINGS OF FALSE COURT DOCUMENTS AND FALSE DOCUMENTS FOR RECORDING!
WHY ARE THE BANKS GETTING AWAY WITH IT?
ON JAN. 10 2014 THERE BECAME EFFECTIVE NEW LAWS REGARDING THE QWR or Qualified Written Request
http://www.scribd.com/doc/197864336/2014-TEMPLATE-FOR-NEW-QWR-UNDER-DODD-FRANK-MORTGAGE-REFORM-QUALIFIED-WRITTEN-REQUEST-TILA
CAL WESTERN RECONVEYANCE AND ITS PARENT COMPANY FILED FOR CHAPTER 11 BANKRUPTCY IN DELAWARE–THIS IS THE LIQUIDATION PLAN. CAL WESTERN RECONVEYANCE PROCESSES THOUSANDS OF NON-JUDICIAL FORECLOSURES IN CALIFORNIA.
DEAD BODY FOUND PADLOCKED IN HOME – IT WAS A BANK OWNED HOME AND THE BUYER DISCOVERED THE DEAD BODY — MAJOR NETWORKS IGNORING STORY –PERSON DECEASED MAYBE 3-4 WEEKS!!
REASSIGNMENT ORDER OF THE NEW CENTURY MORTGAGE AND HOME123 CORPORATION BANKRUPTCY IN DELAWARE
NEW CLASS CERTIFICATION–RECORDER OF DEEDS GOES AFTER MERS, MERSCORP (see two parts)
JUDGE RULES 4 YEAR OLD FORECLOSURE SALE IS VOID AND IS TO BE SET ASIDE—BOA AND MERS
LAWSUIT AGAINST DOJ REGARDING THE $13 BILLION DOLLAR SETTLEMENT WITH CHASE
NONE OF THE BANKS EVIDENCE DEMONSTRATES STANDING TO FORECLOSE–SO SAYS THE COURT!
VALENTINES DAY WIN FOR HOMEOWNER AGAINST ONE WEST
ARRESTS MADE IN CALIFORNIA MORTGAGE FRAUD SCAM
http://www.scribd.com/doc/209480948/Attorney-General-Kamala-D-Harris-Announces-Seven-Arrests-in-6-2-Million-Mortgage-Fraud-Scam-in-CALIFORNIA-FEB-2014
CALIFORNIA SUPREME COURT JUST DENIED THE DEPUBLICATION REQUEST FOR THE GLASKI CASE!
http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=0&doc_id=2058168&doc_no=S213814
VERY IMPORTANT NINTH CIRCUIT APPEAL MEMORANDUM–MARCH 2014–GOOD NEWS FOR HOMEOWNER–LIBOR
Helen’s case involved not only LIBOR manipulation, but violation of bankruptcy stay and also a failed loan mod—–
The filed Appellant Reply Brief in the Helen Galope ‘LIBOR” case. Filed in 9th Circuit. see my prior post for the Memorandum Opinion.
HELEN GALOPE HOMEOWNER WINNER! HERE IS THE OPENING NINTH CIRCUIT OPENING APPELLANT BRIEF!
REFERS TO THE MARCH 27, 2014 MEMORANDUM OPINION BELOW
THE GOOD NEWS MEMORANDUM OPINION!
ALL SHOULD READ THEIR LOAN DOCS TO SEE IF LIBOR WAS USED–THEN CHECK WITH YOUR ATTORNEY TO SEE WHAT IS NEXT STEP REGARDING ANY LIBOR MANIPULATION RELATED TO YOUR MATTER
check out the loan modification expert witness analysis filed in the Helen Galope federal case—–
THESE ARE THE ANSWERING APPELLEE BRIEFS FILED BY BARCLAYS AND DEUTSCHE IN THE HELEN GALOPE NINTH CIRCUIT APPEAL CASE……..
ATTORNEY WHO GOT THE GOOD RULING FROM THE NINTH CIRCUIT COURT OF APPEAL IN THE GALOPE MATTER DEMANDS RETRACTION FROM LEXIS NEXIS!
AWARD OF $6 MILLION TO HOMEOWNER–AGAINST US BANK!
http://www.scribd.com/doc/218656999/US-BANK-LOSER-FRAUD-LOAN-JUDGE-UPHOLDS-A-6-MILLION-DOLLAR-SETTLEMENT-FOR-THE-HOMEOWNER-AND-AGAINST-US-BANK-Mcculley-Final-judgment-4-14-2014