Old 08-24-2009, 11:36 AM   #26 (permalink)
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Re: Article: Stop Foreclosure Wolves

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Originally Posted by TNT101 View Post
Irish Gal,

Have a new twist from Wachovia. Just received a letter date August 18th 2009. The title is Re: Notice of Transfer of Mortgage.

Now I have been trying to get a mortgage Modification for 3 months. They came back with a mortgage modification with $78K principle reduction from $970K to $892K and change my variable rate loan to a 38% DTI for year 1 and keep increasing the interest only payment up yearly for 4 more years by $200 per monthly payment (by changing the interest rate each year). Then after year 5 they increase payment to $1,000 more per month (they now include payment of the principle and give 35 years to pay it off). They know full well that it would be impossible for me to pay this payment starting year 6 unless I can increase my wages $2,000 per month divided by 38% ( a whopping $5,000 gross monthly increase in 5 years). But they say there is not negotiation or discussion; sign or they will foreclose.

So when I get this new letter. They are admitting they were not the mortgage owner while negotiating the mortgage modification. But they did not disclose this to me. Here is part of their letter " Due to the nature of the previous transfer, a transfer of owenership of the debt was not recorded and is not required to effect the transfer back to Wachovia."

What the hell does this mean?

Have you seen this starting to happen in the industry. I have a payment to make to finalize the mortgage modification by August 31st 2009. I am not sure I should do this. It sounds like they were never the owner and could not have foreclosed on the home. Not sure they can do it now since they say their is no recording of ownership to Wachovia.

Can you please suggest a next step for me? I don't have much time before the offer they have open gets slammed shut. I am not sure if I should pursue legal help with this new information since I don't understand how they can be the new owner without a recording of ownership. Are they buying mortgage back securities with TARP money and claiming they own the property again? Is this a new legal trick to enable foreclosure by giving legal notice to me they are the rightful owner if I don't contest it?

Thanks,

tnt101
What this means, TNT101, is that Wachovia DOES NOT have the right to foreclose on you, PERIOD, and as such, you have some serious and powerful legal strategies available to you to fight them tooth and nail! I totally agree with Jinksy, you need to RUN, not walk to the nearest bookstore and buy Iris Martin's book, "Mortgage Wars" and use it to devise your next move against these sharks.

As for my own situation, my mortgage with Option One was securitized almost immediately after the closing and as such, neither they, American Home Mortgage Servicing, Inc., or Wells Fargo, the trustee, have legal ownership of my mortgage or note. What I am going to do is rescind the mortgage and then follow it up with quiet title litigation and a demand to extinguish the loan once and for all. The real owners of my note are the Wall Street investors out there, and as there may be hundreds of them, it would be impossible to get them to appear in court :-D

As Jinksy and I both say, don't hesitate -- go get that book TODAY and start reading. Good luck!!!!
Sally


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Old 08-24-2009, 05:19 PM   #27 (permalink)
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Re: Article: Stop Foreclosure Wolves

Sally,
I have heard that is a good book now by a few people.Maybe enough law suits being filed against these lenders, that they are starting to be held accountable for their treacherous unethical ways and now starting to back pedal out of illegal dealings that they could be held liable for.

TNT101, I suggest you see an attorney to decipher the legaleez and the letter you got. It does sound rather suspicious and really warrants some professional advice. I am curious, you said this is what they offered you but was it in writing? What is the starting and ending interest rate?
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Old 08-24-2009, 11:06 PM   #28 (permalink)
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Re: Article: Stop Foreclosure Wolves

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Sally,
I have heard that is a good book now by a few people.Maybe enough law suits being filed against these lenders, that they are starting to be held accountable for their treacherous unethical ways and now starting to back pedal out of illegal dealings that they could be held liable for.

TNT101, I suggest you see an attorney to decipher the legaleez and the letter you got. It does sound rather suspicious and really warrants some professional advice. I am curious, you said this is what they offered you but was it in writing? What is the starting and ending interest rate?

Snapple Candy (love the name)

Here is the short story.

Owed on Wachovia loan, was orginally a World Savings Pick-a-pay loan, with $900K but with partial interest payment the unpaid interest was $70K in three years. So total principle $970K. They offered a $892 loan, with $78K forgiven (8K is 3 months of no payments through 9-15-2009). The new interest-only payment was about $3,425, about 4.5% (don't have exact letter handy). The payment is interest only. Then they increase the interest in year two, the payment goes up about $200 on monthly payment, same increase for years 3, 4, 5. Then in year 6 the payment is now going to increase by $1000 more per month. Year 1 with interest only payment comes out at 38% DTI.
I have a $100K HELOC with Wells Fargo, owe $100K. Total Debt is about $75 to $100K more than home can sell for, not deducting cost of sale ($60K).

I signed the MAP offer about Wednesday last week. Sent it in but talked with them that I could not make the payment until 1st of Sept. 9-15-2009 is the start on the paper, the MAP offer. They said that was fine.

Then I received the letter dated 8-18-2009 that they were required to notify of change of owner and the quote that there was no recording of the deed of sale. Not needed since the last sale was the same way when it was sold.

I am getting very late in non payment. I am sure they will file for foreclosure, soon.

Wachovia will not negotiate anything on the MAP offer, I had tried but once the offer is sent out they will not change it, and they sent it without any discussion. The MAP offer is just the same as the last loan. It is not possible to make the payment increases it contains. And they know it based on the income vs expense letter I sent to them in the request for a loan modification.

TNT101
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Old 08-24-2009, 11:44 PM   #29 (permalink)
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Re: Article: Stop Foreclosure Wolves

TNT 101,
you mention MAP program, what is MAP stand for? If I understand this correctly, your interest will increase 1% per year and end at 7.5%? This doesnt sound so great.
If you didnt have 2nd of 100K, youd be even and not underwater? You might want to try and negotiate on that 2nd if that is the case.
I was on interest only myself at 6.4%. My loan amount much lower and I am on HAMP program for now. Waiting to see final perm mod terms. Chase offered me a similiar loan mod before this but I turned it down because it just was not a long-term sustainable solution. Sounds like Wacovia doing the same. I thought they were all doing away with interest only loans?
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Old 08-25-2009, 12:03 AM   #30 (permalink)
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Re: Article: Stop Foreclosure Wolves

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TNT 101,
you mention MAP program, what is MAP stand for? If I understand this correctly, your interest will increase 1% per year and end at 7.5%? This doesnt sound so great.
If you didnt have 2nd of 100K, youd be even and not underwater? You might want to try and negotiate on that 2nd if that is the case.
I was on interest only myself at 6.4%. My loan amount much lower and I am on HAMP program for now. Waiting to see final perm mod terms. Chase offered me a similiar loan mod before this but I turned it down because it just was not a long-term sustainable solution. Sounds like Wacovia doing the same. I thought they were all doing away with interest only loans?
Snapple Candy,

The MAP (I believe is Mortgage Assistance Plan) is Wachovia's category for all others that they will not give a HAMP mortgage modification offer to. The interest rate increase is more in the range of .15% increase per year. The final is about 5.5% interest rate. My prior note was 6.4% Interest only, it was killing me since it was 7.5% and slowly dropping for 3 years to 6.4% when all other Indexes and fixed rate loans were under 5% for the last year.

The HAMP guidelines are Interest and principle, but Wachovia makes up their own plan for those outside of HAMP loans. They offer things all over the map from low interest rates to no reduction in principle and DTI of up to 50% and more. The way this has been handled at the Federal level with no teeth to make TARP funded banks follow the guidelines is the worst mistake. Those with power keep on getting rich from the poor and middle class that they keep from class action litigation.

We need a judge, if the Federal regulators of banks will not to stop all foreclosure and force mortgage modifications to follow Federal HAMP mortgage modification, so that no loan is not modified at the fixed rate loans with principle and interest included with payments in year 1 the same to end of payments for 30-40 years at the 31% DTI.

When I asked Wells for a modificatio on the HELOC their response was if the 1st mortgage will give a HAMP modification (not MAP) then they would modify the HELOC according to HAMP rules too. How nice, since they know that HAMP loans are given to less than 2% of all those who ask for mortagage modifications. Most will never get a 1st mortgage HAMP modification because the banks stall so long that most are foreclosed before an offer comes or bankrupcy seems like a better solution than death by stress.

TNT101
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Old 08-25-2009, 01:17 AM   #31 (permalink)
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Re: Article: Stop Foreclosure Wolves

Death by stress is right TNT.
Thats why I am willing to walk if I dont get the perm mod terms that can actually make a difference. Unless I see a 2-3% rate for at least 5-7 years, its just not worth it. Shifting to P & I from interest only is also a tough one.
Yah know, interest only loans now are considered by many as "predatory". You might want to consider filing a TARP complaint and/or OTC complaint, along with BBB and see if that gets them to move a little.
As for judges stepping in...they are just as corrupt as the lenders....maybe even more so. They take bribes to screw people, the lenders just plain screw people.
As for the 2nd, you might want to stop making the payments and see if that produces more cooperation? That is the first I have heard lender use HAMP program as a basis to do or not do a modification on a 2nd. Good luck TNT.
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Old 08-25-2009, 12:28 PM   #32 (permalink)
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Re: Article: Stop Foreclosure Wolves

Folks,

If you haven't Googled your lender's SEC 8k and 10k filings for the year your loan was originated, as Iris Martin strongly suggested in her book "Mortgage Wars", do it soon! I did this with my Option One mortgage and found the mortgage pooling and servicing agreement online and printed it all out (389 pages !!!). Most of the language is over my head, but I did find one paragraph that to me is very, very telling:

<

The servicer, the depositor, the trustee, the NIMS insurer, the certificate registrar, any paying agent and any agent of the servicer, the depositor, the trustee, the NIMS insurer, the certificate registrar, any paying agent may treat the person, including a depository, in whose name any certificate is registered as the owner of such certificate for the purpose of receiving distributions pursuant to Section 4.01 and for all purposes whatsoever, and none of the servicer, the trust, the trustee nor any agent of any of them shall be affected by notice to the contrary.>>

If this is what I think it means, the nominal lender, servicer and trustee are saying that they are not the owners of the certificates, but the investors who bought them after the mortgages were securitized

Tell me what you guys think. I'd love to get your take on this!
Sally
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Old 08-25-2009, 05:22 PM   #33 (permalink)
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Re: Article: Stop Foreclosure Wolves

Hi MMM. I read that too, but cannot understand what I am reading. I wish I knew someone who could go over it with us and explain what we should be looking for.


I have another question. My loan was not adjustable. It was fixed from the beginning. I have gone through all of my loan papers and can't find any paperwork with my income on it. Is that normal? I would like to have those papers with my income because I have a feeling that my income may have been inflated.

Is there anyone on this board with enough knowledge of this that I could PM with my info that could tell me if I am barking up the wrong tree?
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Old 08-26-2009, 10:27 PM   #34 (permalink)
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Re: Article: Stop Foreclosure Wolves

Ok so dumb question......IndyMac is my 'servicer' but i know my loan is owned by Fannie Mae........

I've long felt i should be dealing with F.Mae as they actually HOLD the loan/note.....but i've been doing what everyone else has been and working with our mortgage 'provider' *cough choke*.......

What does 'securitized' mean????
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Old 08-26-2009, 11:48 PM   #35 (permalink)
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Re: Article: Stop Foreclosure Wolves

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Originally Posted by snapple candy View Post
Death by stress is right TNT.
Thats why I am willing to walk if I dont get the perm mod terms that can actually make a difference. Unless I see a 2-3% rate for at least 5-7 years, its just not worth it. Shifting to P & I from interest only is also a tough one.
Yah know, interest only loans now are considered by many as "predatory". You might want to consider filing a TARP complaint and/or OTC complaint, along with BBB and see if that gets them to move a little.
As for judges stepping in...they are just as corrupt as the lenders....maybe even more so. They take bribes to screw people, the lenders just plain screw people.
As for the 2nd, you might want to stop making the payments and see if that produces more cooperation? That is the first I have heard lender use HAMP program as a basis to do or not do a modification on a 2nd. Good luck TNT.

Snapple Candy,

Here is what I am doing at the moment.
1. I read Moe's e-book again. Found the QWR letter format and made my own letter to my lender. I am going after documents to see what I can find once the 20 days go by and my Loan Servicer, Wachovia, sends me the document. My loan was orginally made by World Savings and was a refi after I purchased the home. Then Wachovia bought World Savings. So there are different issues with my loan than many of the first time buyers stories.
2. I am going to get legal assistance to do a Forensic Audit. It will cost
but I know I can't see the good from the bad in these documents. $300-$500 but may be the best legal advise at a reasonable price for determining what next to do.
3. I have ordered the book Mortgage Wars, $12, + $12 shipping. Cheap inspiration. I need this to balance the legal hoops I will have to go through.
4. I am continuing to talk on other postings with CA attorney's on other postings on this website. Looking for what others have tried and done with a Forensic Audit and who are good attorney's to use.
5. Holding off on paying Wachovia for a few more weeks until I get better guidance on my situation with the MAP offer and see if Wachovia introduces the HAMP offers in the next 2 weeks.

What others should do as well!!!! THIS WILL WAKE UP MORTGAGE COMPANIES and hurt them where it counts, IT WILL COST THEM MONEY and THEY MUST DO It.

Write your mortage company and ask for all their documents, see Moe's e-book. In the QWR letter you ask that the Mortgage company comply with laws and send you all its documents to you on your mortgage within 20 days.

(I Hope to find the right flaws in all the legal papers with World Savings and Wachovia to go after them with a legal suit to legally void any claims by Wachovia or others that I owe them anything for the home.) This information will be used to make an Audit on the banks and all the paper processing that should have followed specific laws. This will tell me what is the right next step for me.

I hope to make this expensive for Wachovia to fight another pissed off homeowner. If enough of us get them wrapped up spending hundreds of hours for their staff to find all the paper work for just my QWR letter we could grind them to a halt if we all did this. They have 20 days by law (I wonder what the penalty is if they don't get it done for everyone of us if we all did this and sent in the QWR letters this week) to gather all the information and send copies to you. It could be 100s of pages of documents for each loan. Can you imaging what this would cost the lenders if all those who wanted a mortgage modification were to just send in this one page QWR letter to our lenders.

Besides it gives you all the information that the banks don't want you or a lawyer to see. So get busy and read the e-book from Moe and send in your QWR letter to your mortgage company. You can just open a MS Word file and copy almost all the information from the example letter in Moe's e-book. And tell those you know who are looking for help with a mortgage modification to do the same thing.

TNT101
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Old 08-27-2009, 12:13 AM   #36 (permalink)
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Re: Article: Stop Foreclosure Wolves

Quote:
Originally Posted by missy428 View Post
Ok so dumb question......IndyMac is my 'servicer' but i know my loan is owned by Fannie Mae........

I've long felt i should be dealing with F.Mae as they actually HOLD the loan/note.....but i've been doing what everyone else has been and working with our mortgage 'provider' *cough choke*.......

What does 'securitized' mean????

Missy428

What I mean by that is that my loan was sold with many more loans to the Wall Street buyers as a block of homes that secured a repayment to the buyer. The buyer made a loan of money to the banks with the homes as a guarantee on the loan + an intererest rate which was the monthly payments minus a handling fee by the banks for collecting the monthly payments for the block of homes. But these blocks of homes were then partially combined with other blocks and resold to new investors as diversified bundles of homes. And this was repeated. So no one really knows who owns the property and if the banks/mortgage companies are taken to court who will show up and claim they own the property. The banks are just a processor of the mortgage payments, it could be any company or person who does that job and they don't have any ownership in the homes.
By contesting who owns the property so you can negotiate with them a mortgage modification; if no one can show they own the property, have to go to court to force the owner to appear, then you can get the mortgage voided if they can't show up and prove it. Takes legal work and will cost money to do this. This is one path to take on a mortgage.

This is the most likely path that could lead to a Class Action Suit. Wish this was taken on by a large legal firm. There would be lot of people with this situation, and these loans have not been bought by the government yet.

The better way is to find errors and go after fraud or other violations of the law by the lender or those who represented the lender, do a forensic audit after the bank sends you all the docuemnts they are legally required to send to you when you ask for them in a QWR letter, see Moe's e-book. This may lead to the judge to force a cram down judgement or your lender proposes a mortgage modification or you may find the mortgage is voided as well. This takes less time and is also a legal path to take. This is more damaging to the lender but not so likely it can lead to a Class Action suit. Every loan may be different.

TNT101
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Old 08-27-2009, 02:50 AM   #37 (permalink)
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Re: Article: Stop Foreclosure Wolves

Where do I find Moe's e-book?
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Old 08-27-2009, 08:47 PM   #38 (permalink)
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Re: Article: Stop Foreclosure Wolves

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Where do I find Moe's e-book?

Jinksy,

Go to top of this page where you found this reply. At the right will be an orange rectangle with "Subscribe" written in it. To the right of this is another rectangle with "Free e-book" click this and you will get the direction on how to download it to your computer, fee.

Good luck with your mortgage modification or other action. I wish you the best of results.

TNT101
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Old 08-28-2009, 11:45 AM   #39 (permalink)
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Re: Article: Stop Foreclosure Wolves

Hey guys,

One of the things that Iris Martin advises the readers of her Mortgage Wars book to do is to go to the local register of deeds in your county to see if there were any transfers recorded on your mortgage after you closed on the loan, because with a lot of these securitized loans, the transfers were not properly recorded -- or not at all, which makes the ownership picture very murky.

I did that this morning, and guess what? NO transfers had ever been recorded on my mortgage with Option One; OOMC is shown in the county records as being the only recorded owner of the mortgage or note. I know it was securitized after closing; I looked up their SEC 8k filings for 2007, and this is what I came up with:

<Option One Mortgage Loan Trust 2007-4, Asset-Backed Certificates, Series 2007-4 (the “Certificates”), was issued pursuant to a pooling and servicing agreement, dated as of April 1, 2007 (the “Agreement”), among Option Mortgage Acceptance Corporation as depositor (the “Depositor”), Option One Mortgage Corporation (“Option One”) as servicer (the “Servicer”) and Wells Fargo Bank, N.A. as trustee (the “Trustee”).

The Certificates designated as the Series 2007-4 Certificates represent in the aggregate the entire beneficial ownership interest in a trust fund (the “Trust Fund”) consisting primarily of a pool (the “Mortgage Pool”) of conventional, one- to four- family, fixed-rate and adjustable-rate, first lien and second lien mortgage loans having original terms to maturity up to 30 years (the “Mortgage Loans”). As of the Closing Date, the Trust Fund primarily consisted of the Mortgage Pool, which consisted of Mortgage Loans having an aggregate principal balance as of April 1, 2007 (the “Cut-off Date”) of $1,200,000,003.66.

>>

What's more, when I looked at the records at the register of deeds office, it didn't even show any kind of a transfer to American Home Mortgage Servicing, Inc. (AHMSI) which is now the servicer on my mortgage! As some of you know, Option One was sold to Wilbur Ross & Co., which owns AHMSI. This seems quite telling and indicative of extremely sloppy recording of transfers, if any were ever done in the first place from the point of origination to the present.

I would urge all of you to do the same -- go to the register of deeds in your county and ask to have the records pulled up on your property. What you find, or more importantly don't find there, could mean having a very powerful legal weapon against the plaintiff on your mortgage!! And while you're in front of your computer, look up your servicer's SEC 8k and 10K filings for the year in which your loan was originated. It will tell you if your mortgage was securitized and chopped up and sold piecemeal to those greedy Wall Street investors.

I'm anxious to hear back from you about what you've found!
Sally
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Old 08-28-2009, 12:22 PM   #40 (permalink)
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Re: Article: Stop Foreclosure Wolves

I've looked at the filings for TBW, but I don't understand what I'm looking at.
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Old 08-28-2009, 12:39 PM   #41 (permalink)
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Re: Article: Stop Foreclosure Wolves

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I've looked at the filings for TBW, but I don't understand what I'm looking at.
Jinksy,
That goes for me too.. it's all mumbo-jumbo, gibberish, and Greek to me. MOE!!! We need you over here to explain things to us. Puhleeeeeeze? My head is exploding as it is trying to make sense of these things.

Sally
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Old 08-28-2009, 02:17 PM   #42 (permalink)
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Re: Article: Stop Foreclosure Wolves

Yikes, me too.
My original loan was with Long Beach Mortgage in January 2006.
WaMu was the servicer.

How do I look up the SEC findings? I just tried, and I agree with MMM above - gobbledygook..... Need help!
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Old 08-28-2009, 04:40 PM   #43 (permalink)
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Re: Article: Stop Foreclosure Wolves

I have found an attorney "Who Get's It " as Neil says and will met with him next Friday. I found four attorneys with in 20 miles who have been through Neil's training seminars to get up speed to help homeowners. Amazing the attorney was in my same town! I found him through Neil Garfield's web blog. What would I do without the web!!!
Check out

Homeowners Livinglies’s Weblog

I am so grateful to all who are sharing their information.
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Old 08-28-2009, 04:42 PM   #44 (permalink)
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Re: Article: Stop Foreclosure Wolves

I have found an attorney "Who Get's It " as Neil says and will met with him next Friday. I found four attorneys with in 20 miles who have been through Neil's training seminars to get up speed to help homeowners. Amazing the attorney was in my same town! I found him through Neil Garfield's web blog. What would I do without the web!!!
Check out

Homeowners Livinglies’s Weblog

I am so grateful to all who are sharing their information.
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Old 08-28-2009, 05:45 PM   #45 (permalink)
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Re: Article: Stop Foreclosure Wolves

Help, I too am overwhelmed and facing foreclosure on 3 rentals, I now know they were highly inflated appraisals upon refi, broker got paid a lot of money too by the mtg companies. Loans have changed hands a few times to, World Savings to someone else (i forget who), to Wachovia now. Other one is with INdymac, my own home is with First Federal that was a debacle (pushed into a neg am loan which netted broker $8k POC). Rentals are in TN (signature done by attorney on POA-I later learned he was in court for fraud and since has passed away), home in CA

Where do I find an attorney that won't charge me an arm and a leg upfront to audit and get these loans gone. I don't have hardly a penny upfront but can make small payments, I don't have a job and every penny that tenants pays goes to pay mtg, tax, ins, mgt fees etc of these inflated loans. Good friend says he will pay the bill for me if they get the deal done and my loans go away due to fraud. I just don't know where to turn as everyone I contact wants a few thousand upfront and they ask me to put it on my credit card which I can't do. Who do you trust in this game????


Quote:
Originally Posted by Irish Gal View Post
Hi RTBS,

Re auditor, you must be careful as there's many charlatans out there ready to take your money and provide no service. The attorneys on this site have been vetted by Moe and do audits. Moe is the expert in that arena. He may be able to provide you better info. on that topic. All I know is it's best to use an atty recommended by someone you trust and who had a good experience w/ that particular atty. You can also go the state bar website of the state you are in, or the national assoc of consumer advocates (attorneys) and do a search there. But, before you plunk over any $$$$, do your homework and research! Be informed.

Also, I don't have a website. Maybe you are referencing The Huffington Post site re articles I've posted ?

Good luck! Keep us posted!
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Old 08-30-2009, 03:45 PM   #46 (permalink)
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Re: Article: Stop Foreclosure Wolves

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Originally Posted by tc4gold View Post
Help, I too am overwhelmed and facing foreclosure on 3 rentals, I now know they were highly inflated appraisals upon refi, broker got paid a lot of money too by the mtg companies. Loans have changed hands a few times to, World Savings to someone else (i forget who), to Wachovia now. Other one is with INdymac, my own home is with First Federal that was a debacle (pushed into a neg am loan which netted broker $8k POC). Rentals are in TN (signature done by attorney on POA-I later learned he was in court for fraud and since has passed away), home in CA

Where do I find an attorney that won't charge me an arm and a leg upfront to audit and get these loans gone. I don't have hardly a penny upfront but can make small payments, I don't have a job and every penny that tenants pays goes to pay mtg, tax, ins, mgt fees etc of these inflated loans. Good friend says he will pay the bill for me if they get the deal done and my loans go away due to fraud. I just don't know where to turn as everyone I contact wants a few thousand upfront and they ask me to put it on my credit card which I can't do. Who do you trust in this game????
Hey tc,

There are attys associated w/ this site who are vetted by the site originator, Moe. Moe might have some better advice for you here. Check out the Ask the Attys threads on this site (if your state is included). You can also go to the Nat'l Assoc of Consumer Attys website and get some referrals there. There's also the State Bar of the state where you live. Check out all the nonprofit housing agencies near you that might be able to refer you to a local atty who works with nonprofits or low income folks in your area. But, be careful, as I said, as many are not as versed in all this as they may project. It's a steady and lucrative legal area right now, so aaalllll kinds of attys are jumping on the bandwagon now I would also say read, read, read here and educ yourself as much as possible. It sure is a tough, uphill battle when broke to fight all this, but can be done. People do it here everyday! Good luck and keep us posted!
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Old 08-30-2009, 10:03 PM   #47 (permalink)
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Re: Article: Stop Foreclosure Wolves

Irish Gal,

Have the book Mortgage Wars. Great read.

I was particularly impressed with the California Case against Country Wide.

I am taking it rather slow to be sure I understand all the case arguements against the lenders. What a mess the mortgage companies got into once they started securitizing the home loans and kept selling the Pay-Option loans. This combination allowed loans to be approved to make more loans with no responsibility since the upper management's focus was winning business against companies like Country Wide that were out to take market share at almost any cost, making any loan.

I also found out that my bank, a Refi in 2006, was World Savings and it had 0 loans going into default in the 8 years before 2005. But in 2005 and by 2006 they had reached 99% of all their loans were Option ARM Variable Rate Loans, most were Pick-A-Pay low interest rate with the option to pay less than the interest. This was $120B in loans. About 1/2 were in California. By the end of 2007 (a year and 6 months after Wachovia aquired World Savings) Wachovoia had securitized $9B of the loans and had to incease from $1B to cover losses from Bad loans at the end of 2006 to over $5B to cover losses by the end of 2007. Story gets muddy since Wells ***o took over Wachovia. I am still trying to tack what Wells has on their 8-K and 10-K filings on the subject.

But it appears that my loan was sold in the securitization. I will have to try and track the County records on Deeds, but I do not believe any change in Deeds was done since 2006 when I took out the loan.

So I am doing homework and trying to find an attorney in SF area of California to do the QWR document audit. Can't find any that will do it even though I can and will pay to have this done. I am trying to determine if Wachovia even has the authority to offer a mortgage modification, which they have offered to me.

I need get a great attorney to start the work, since I am 75 days into not making a payment and things will heat up since the mortgage modification documents at due in 15 days with a payment.

Any one who can refer me to a good attorney I would appreciate the references. Use a post back on this site for reference names and contact information. I will not hire without checking prior successful work in recinding mortgages and the QWR audit giving clear arguements to acheive that goal. Mortgage modification is only a last resort.

I would love to get a class action law suit going against Wells, Wachovia, World Savings based on many of the California vs Country Wide conspiracty and include 1)improper sales tacts to sell only Option Arm loans, 2) improper approval of loans based on only year 1 payments 3) failing to provide the required buyer fiduciary responsibilities by the lender (protecting the buyer from entering a loan the lender knows they can not pay based on income statements or documented income), 4) secuitizing the mortgage without notifying the buyer who the new owners were and 5) failing to recording the change of Deed as required by state laws for proper identification of the owner so that mortgage modification by the buy with the owner of the note was possible (both directly and to validate legal ownership, and for escalation of negotiations to avoid unnecessary delays (hardships and foreclosure actions) caused by the servicer delay to negotiations.

With California having 1/2 of these loans and the State of California successfuly wining a law suite against a prior lender. It make sense for one or more California lawyers to tackle my loan and other Calfornians with the same lenders from 2004 - 2009 to see if a common set of arguements can become a class action suite. We need to start with one of these loans to get the ball rolling. If this process is already going on then please let me know who to contact. I would like to see if I my situation can be part of the suit.

thank you for your encouragement. I will keep posting as things progress

tnt101

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Old 08-31-2009, 07:53 AM   #48 (permalink)
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Re: Article: Stop Foreclosure Wolves

tnt,
good luck on your search for an attorney that is willing and capable to take on this fight. I ran into someone while working whom was part of a group of small investors. They have had luck achieving principals reductions and are filing lawsuits. They have had great success with the QWR audits and particurly I think asking for the "wet" signature loan papers....the originals. Additionally he mentioned a trick to stop an auction sale...quit claim the deed and get it registered just a few days before a sale. Hadnt heard this one before. One case where they cannot obtain the wet signature loan docs, they are suing the lender for 3 X the loan amount.
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Old 08-31-2009, 12:35 PM   #49 (permalink)
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Re: Article: Stop Foreclosure Wolves

Quote:
Originally Posted by snapple candy View Post
tnt,
good luck on your search for an attorney that is willing and capable to take on this fight. I ran into someone while working whom was part of a group of small investors. They have had luck achieving principals reductions and are filing lawsuits. They have had great success with the QWR audits and particurly I think asking for the "wet" signature loan papers....the originals. Additionally he mentioned a trick to stop an auction sale...quit claim the deed and get it registered just a few days before a sale. Hadnt heard this one before. One case where they cannot obtain the wet signature loan docs, they are suing the lender for 3 X the loan amount.
It's CRAZY that there is such a land mine of winnable (legal) cases out there and NO ONE is stepping up to the plate to (legally) help these American's whose lives have been completely financially destroyed for yrs to come, maybe forever, due to this housing crisis and now overall econ crisis. Do law schools ONLY pump out corp representors? We need attys w/ conviction similar to the ones who volunteer for the Innocence Project. Ya know, the only attys (or law students for god's sake) who are trying to prove someone's REALLY innocent of some crime at their 9th hour. And, they usually prove their cases by getting a hold of the "lost" DNA somewhere. Where's all the Perry Mason's out there trying to make a name for themselves? This crisis is the PERFECT oppty for young, smart attorneys w/ convictions and chutzpah to be legal trailblazers and put these lenders and Wall St. in their places for good. Like New York D.A. Ferdinand Pecora. An Italian immigrant w/ chutzpah in the 30s. Where's all those super type A, testoserone driven, IDEALISTIC, young attorneys who want to make a legal name for themselves and help their fellow country folk in such a dire time of need ? Where's the Gerry Spence's? The Erin Brockovich attys? They'll get their $$$$$ back 1000 fold down the road w/ success, notoriety, etc. Once they win and expose this mass fraud for what it was/is, the world is theirs, as far as I'm concerned. Aren't there ANY men or women with law degrees left in this country w/ real chutzpah? That don't just see law degrees as the road to riches? That flock like sheep to defend the corp perps ad nauseum? What are they pumping out of these "Ivy League" law schools, anyways? The same idiots that Harvard pumps out ad nauseum re "MBAs" who do nothing to contribute to the country but take from it, perp it and then walk away w/ their gazillions before they're discovered? Or they systematically go into gov't so they can call all the financial shots in the econ, and help their MBA buddies on Wall St. ? Then after their "public dis-service" in gov't return to gazillion dollar jobs on Wall St. w/ their buddies after they've successfully put into place their pro Wall St. laws? Just what are they teaching and promoting in these "Ivy League" schools anyways ? Law ? Business? Ethics? Nada. Just nada. Big, big bucks to produce these criminals? I say scrap these programs and start over . There is sooo much American ingenuity, creativity and brain power that is flushed down the toilet for the worship of money. Solely. At any cost. It doesn't have to be that way. We can make a profit and not lose our humanity in the process. So, all you idealistic, young attorneys, take a risk and change the face of your profession. Actually advocate for average Americans, for a change. You will be greatly rewarded. We need a good Sicilian to get the job done.

FERDINAND PECORA

From Wikipedia, the free encyclopedia

Ferdinand J. Pecora (January 6, 1882 – December 7, 1971) was an American lawyer and judge who became famous in the 1930s as Chief Counsel to the United States Senate Committee on Banking and Currency during its investigation of Wall Street banking and stock brokerage practices.

Ferdinand Pecora was born in Nicosia, Sicily, the son of Louis Pecora and Rosa Messina who emigrated to the United States and New York City with his parents. He earned a law degree from New York Law School and eventually worked as an assistant district attorney in New York City, during which time he helped shut down more than 100 bucket shops.

Originally a Progressive Republican, Ferdinand Pecora was appointed Chief Counsel to the U.S. Senate's Committee on Banking and Currency in the last months of the Herbert Hoover presidency by its outgoing Republican chairman, Peter Norbeck, and then continued under Democratic chairman Duncan Fletcher, following the 1932 election that swept Franklin D. Roosevelt into the U.S. presidency and gave the Democratic Party control of the Senate.

The Senate committee hearings that Pecora led probed the causes of the Wall Street Crash of 1929 that launched a major reform of the American financial system. Pecora, aided by John T. Flynn, an Irish-American journalist, and Max Lowenthal, a Jewish lawyer, personally undertook many of the interrogations during the hearings, including such high-profile Wall Street personalities as Richard Whitney, president of the New York Stock Exchange, George Whitney a partner in J.P. Morgan & Co. and investment bankers Thomas W. Lamont, Otto H. Kahn, Albert H. Wiggin of Chase National Bank, and Charles E. Mitchell of National City Bank (now Citibank). Because of Pecora's high-profile work, the hearings soon acquired the popular name the Pecora Commission, and Time magazine featured Pecora on the cover of its June 12, 1933 issue.

Pecora's investigation unearthed evidence of irregular practices in the financial markets that benefited the rich at the expense of ordinary investors, including exposure of Morgan’s “preferred list” by which the bank’s influential friends, including Calvin Coolidge, the former president, and Owen J. Roberts, a justice of Supreme Court of the United States, participated in stock offerings at steeply discounted rates. He also revealed that National City sold off bad loans to Latin American countries by packing them into securities and selling them to unsuspecting investors, Wiggin had shorted Chase shares during the crash, profiting from falling prices and Mitchell and top officers at National City had helped themselves to $2.4 million in interest-free loans from the bank’s coffers.

Spurred by these revelations, the United States Congress enacted the Securities Act of 1933 and the Securities Exchange Act of 1934. With the United States in the grips of the Great Depression, Pecora's investigations highlighted the contrast between the lives of millions of Americans in abject poverty and the high-rolling lives of such financiers as J.P. Morgan, Jr.; under Pecora's insistent questioning, Morgan and many of his partners admitted that they had paid no income tax in 1931 and 1932; they explained their failure to pay taxes by reference to their losses in the stock market's decline, but this explanation won them no sympathy.

After Pecora closed his investigations, on July 2, 1934, President Roosevelt appointed Ferdinand Pecora a Commissioner of the newly formed U.S. Securities and Exchange Commission (SEC). In 1939 Pecora wrote a book about the Senate investigations titled Wall Street Under Oath: The Story of Our Modern Money Changers. On January 21, 1935, Pecora resigned from the SEC and became a judge of the New York State Supreme Court, a position he held until 1950, when he ran unsuccessfully against Vincent R. Impellitteri for Mayor of New York City. Returning to the practice of law, Pecora represented such major clients as Warner Bros. Pictures Distributing Corporation et al. as respondents before the United States Supreme Court in the 1954 case, "Theatre Enterprises v. Paramount, 346 U.S. 537.

Ferdinand Pecora died in 1971.

There is a brief entry for Pecora in the Dictionary of American National Biography (Oxford University Press, 1999).
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Old 08-31-2009, 12:40 PM   #50 (permalink)
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Re: Article: Stop Foreclosure Wolves

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