California mers produce the note? Met life scoundrels

[Hardnochs]

After reading that Florida is demanding proof of title for mers' notes, I quickly stated researching. Come to find out there are no law firms willing to do this. Chapter 13 or chapter 11 seems to be the only viable option.

This is concerning, since our bank "met life" who has been posing as first horizon home loans (bank of new York investor) to get out of complying eith hamp requirements, filed a notice of default on our property right after we completed the trial mod. They took all 3 payments and applied them to fees, making us 90 days late.... Then attached a declaration showing a contact made in february as our opportunity to seek mitigation. It states that we did not reply and were offered the opportunity to meet with them. This is total BS, in fact we signed our trial modification papers on 2/25 (5 days after this bogus attempt)

This is absolutely not legal in california and, no one is willing to back me up on this.

I've been reading all these posts about producing the note... Fighting the robo signer.... And honestly, has anyone successfully done this in California?

I am ready toz remedy the default and go back to living on ketchup soup, because if I don't have my mortgage I don't qualify for ch 13 and it seems that if I am going to get screwed I might as well have my house and hope for a re coup.

[goldie]

I don't know who you've been talking to, but there are attorneys in CA helping people in your situation. I'm in Northern CA, so that won't do you any good, but try the livinglies wordpress site for a list of "attorneys who get it", NACA (nat'l assoc. of consumer advocate attys) or Max Gardner's BK Bootcamp Graduates. These "graduates" do specialize in BK, but understand the securitization and MERS mess and know what to do about it. You could also file a 7 with an adversary proceeding. Yes, this does cost extra money (about 20K to 30K) so you will have to decide if it is worth it. What you do is take your "trial payments" you were paying the bank and pay the attorney instead. That is what I did. The produce the note thing is weak on its own. Because they can just file a lost note affidavit. However, the FRAUD on the lost note affidavit would be where you catch them. Some of the BK courts are starting to "get it" though and are ruling against MERS. Validity of lien, securitization fraud and assignment fraud are the "meat" of a suit. But you have to be able to prove it. If you did file a 13 though and hired an attorney who "gets it" he would question the pretender lender's accounting practices and the validity of their lien. The good thing about a 13 is a proof of claim MUST be filed by the pretender lender and that is where the defects are. He has to prove he has the right to your home and if his proof is weak? Well...

An attorney who knows what the heck he is doing CAN qualify you for a 7 or a 13, even if you think you can't. There are creative (but legal) options for those who are well-versed in the laws. The BK mill cheapo attorney cannot. He is also not interested in helping you beyond getting your initial fee and doesn't care to defend you if the trustee or other issues arise. Be careful! Do not hire Mr. Bottom Dollar BK attorney - to do so is to be penny-wise and pound foolish!

[Hardnochs]

We have contacted the bootcamp graduates and the ones we spoke to said they have quit handling these suits for lack of success. Even thte website stopforeclourefraud.com recommended CALIFORNIA. I looked him up and you can see that, they are pulling out.

Quote **************************** * * * * * * * * * * * ** ******* CALIFORNIA
**** I apologize, but I am not taking any cases in California at this time, nor do I have time to answer questions about cases in California.* In virtually all cases in California, the most appropriate forum to challenge your mortgage loan is in bankruptcy court in a chapter 11, or if you can't afford a chapter 11, then a chapter 13 case - and not in state court or federal district court.** *

May I ask, how far you are along in progress? Have they found your case successful?

We met with doan law firm (one of the grads) he said we could remedy the default through 13, along with lien stripping our second with chase prior to getting our notice of default. When I called him about the notice he told me they had pulled out.

This thing is such a mess.

[Hardnochs]

Just to clarify. When i said that they pulled out, i was referring to my original post. They are of course still willing to file the bk. They also told me, that we may get our lender to put all the fees on the back of the loan and tha "I" should contact them.

And for anyone who is interested, chase offered us a settlement of $34k on a $245,000.00 loan once they caught wind of the notice of default. This is the best deal they had seen... Chase called me with this offer before we knew about the foreclosure, but they only gave us 5 days to accept it, I imagine if I called them they may still accept it, since the rep, told me to call him if anything changed. I would have considered it prior to our first lender pulling these shenanigans