Bagels at a Bar Mitzvah

[Annie Mac]

The validation of debt letter DOES work. My sale is on hold at the moment. My situation was so unique I just drafted my own without using a model letter. I had never received an accounting of the arrearages I paid in 2008 to stop a foreclosure then. So, I was essentially asking for an accounting of both the 2008 AND the 2012 NODs. I also have documentation of having requested the 2008 accounting long ago with no response.
Frosted, it surely does seem that some of us have weird paperwork. My loan has had three different account numbers above the table since I have had it. That doesn't include all the numbers I do not know about. The switching of ways to identify the loans appears to have been a perfect way to securitize a loan not once, but multiple times without anyone realizing it. There are now a number of us on various threads here who do not fit the mold of the tidy securitization plan, but have loans which went to some mysterious place. So far, I am not MERS, not Fannie, not Freddie, not in SEC, and the trail grows cold. Those who do the securitization research have a special keyboard called a Bloomberg, an expensive piece of equipment, which allows them to search differently than the layperson can.
As for your recording which was 4 years late, I would check what the laws are in your area. For example, they are usually within 15 days or 30 days, and a recording after that time would void the document. Also, check the names on that late document; it is possible to have been robo-signed. There is another thread here on robo-signing, and several sites to look up the known robosigners.
So far the robosigning doesn't have clout in court, but it serves as a red flag to take note of other issues.
Print off all the documents in the county recording office, create a visual of the beneficiary, the trustee and the servicer ( I did this with different colored pencils) and then just get familiar with all those names and leaps. Sometimes something jumps out at you that way and it is obvious where the trail is not continuous.
Frosted, you have raised a very interesting question; if one wanted to keep a pool of loans in one's own private trust, what better loans than those of teachers......hmmm....

[isisis]

Hi Frosted,

Last name Mac would mean Freddie Mac. Even if your loan wasn't securitized the fact you were told not to make payments before a NOD was filegives you something to challenge. It's a breach of theimplied covenant of good faith and fair dealing to frustrate your ability to fulfill loan obligations by misrepresenting material facts such as the essential nature of remaining current to prevent foreclosure. You relied on their misrepresentation and were frustrated further by the imposition of added foreclosure fees.
This goes back to what I've been looking into which is breach of contract or default on the lender's part. That was the approach I used in my most recent letter that had my sale canceled. I'll post it soon.

[freedomwon]

Annie Mac - Sounds like you are making reference to the Bloomberg screen shots which shows the loan number being sold on the bond market, on the face of the screen shots. This information is out there somewhere but I never did figure out how to locate it. Anybody know? I’d like to see just how many times, my loan was sold & re-sold over & over again!

For example, they are usually within 15 days or 30 days, and a recording after that time would void the document.

While we know this to be true, I was not able to get the county recorders office to challenge this with Recontrust (the trustee that recorded a document 4 years later). Recorder told me the only way to fix it was to bring my case before a court. Seems to me, responsibility to reject the document for recording should be the recorders responsibility if it's not done in the time frame according to the law.

I'm thinking of providing a copy of my debt dispute letter I had sent to BofA to the credit bureaus once the foreclosure hits my credit report. Since the bureaus are run & paid for by the banks, I'm not too optimistic as to the outcome. My credit score is currently 605 (820 before missing mortgage payments) and the foreclosure hasn't hit my report yet. While the foreclosure will cause the score to drop, the Debt to income ratio currently 37 percent will significantly go down which in turn would bring my score up. So it will be interesting to see how this all shakes out!

[Annie Mac]

Freedomwon, I think you have brought up a very critical loose link in the process which the banksters had to have been aware of and used to their advantage. This recording of property records at local county recording offices was something they tried to avoid, while the local recording offices were not really up to speed to deal with the onslaught of the likes of Chase, BofA, Countrywide, etc. I was assured also at the recording office that certainly, that office is above the unethical action of filing something years later. I am aware that it could have been miss-filed, categorized wrong, whatever. But, in my case, I also had a basic securitization audit which also failed to show the doc which appears five years after its filing date. The county clerk is an elected official, which means they answer to the voters. The Secretary of State's office does trainings for municipal recorders, and the AG's office maintains the state laws and revised statutes, but there is not a great checks and balance system in place to prevent someone from filing a robosigned, fraudulent document in your county on your property. Clearly, the employees at the recording office are clear in staying away from the content of a document. So, that puts the responsibility on us, the homeowners to disprove the filed document. There are so many pots on my stove right now, full of fraudulent stews, so this one is there, on the back burner bubbling away. It is also huge, in that, pursuing it could mean unravelling truths closer to home than Jamie Dimon's schemes. It is easier to consider the lying enemy a bank as big as Chase, but the local elected County Clerk means that everyone is lying, and that is a lot to swallow. They could have been duped too, just like the investors, but if we begin bringing this to light, it will require some changes in the future on how documents are accepted in each local county, and probably a more rigid system of notarization....maybe it is time that happened.

[KimberlyS]

Annie Mac- I'm so glad to hear that your sale is on hold! Nice work!

With what I've learned so far, I'm surprised my notice of default was accepted for recording. I don't have my notes, but for one thing, the description of the property is vague. It seems like it should have been rejected.

[Annie Mac]

Kimberly S, As you can tell from the previous postings by both Freedomwon and myself, it seems pretty typical that the recording office doesn't really choose to get very involved in what a document says. I checked at my county and also the state laws and it is very specific what is acceptable for a legal property description. For example, just a Tax ID number will not do it; it must include Township, Section, Lot, subdivision, and must make reference to previous recordings on file. Also, the metes and bounds description is acceptable, and that is the way a lot of rural property is described legally. Check both your county and state for what is required for a legal description.

[KimberlyS]

I just find it ironic that the NOD was filed with such glaring errors. (I don't have my notes with me, so I can't elaborate, but they are glaring errors!) When I went to file a quit claim deed, the recorder employee I spoke was very clear that there were strict recording guidelines. She even helped me change the property description so it wouldn't be rejected. This doc should have been rejected by what I've been reading. It's not a huge deal but it surprises me (no, I guess it doesn't) that these incomplete documents are being recorded.

[Annie Mac]

There is possibly an assumption that those in the "industry" such as banks, title companies, attorneys, servicers, etc, would be professionally up to speed on format and the assumption that since you are just a homeowner that you would not know such details. From both the written requirements on my county recorder's website as well as speaking with employees there, they are VERY concerned with format, font size, legibility, reference to previous filings, but do not enter into content at all. I would imagine this has been a repeated situation in many recording offices throughout the country. Ten or fifteen years ago, if someone had described that this would be an area banks would use to deceptively foreclose on homeowners, it would have sounded preposterous. Kimberly S, if the property description on the NOD does not comply with both the county requirements and the state requirements, your NOD would be void.

[Jeffrey L. Shurtliff]

I just find it ironic that the NOD was filed with such glaring errors. (I don't have my notes with me, so I can't elaborate, but they are glaring errors!) When I went to file a quit claim deed, the recorder employee I spoke was very clear that there were strict recording guidelines. She even helped me change the property description so it wouldn't be rejected. This doc should have been rejected by what I've been reading. It's not a huge deal but it surprises me (no, I guess it doesn't) that these incomplete documents are being recorded.

These errors are overlooked by a court as it does not damage you. I have been to court three times showing techinical problems that indicate false statements ect... The last case; even thought they have an invalid deed they fined me $7000 in attorneys fees as I defaulted and the deficiencies did not damage me. What I am saying here is if they are going to foreclose they can and you can do nothing to stop it as you defaulted.

[isisis]

First off I'm going to go way out on a limb here and suggest the recorders free-for-all approach to filing any document by a lender would not extend to a homeowner wishing to file a document related to property title.
Unfortunately my intention to comb through government code so as to circumvent that likelihood and convince my recorder to let me file a NOD on Bofa hasn't made much headway thanks to a gift from Bofa's own Andy Rodriguez in the shape of a virus which has effectively rendered my laptop into a paperweight. So most of my time's been spent fighting the BSOD in BIOS, safe mode, hard resets, the usual computer triage/last rites..

Yes, I am kicking myself and of course I knew better than to open an attachment from someone whose attempts at getting a free house I've been thwarting. I will even acknowledge the possibility that my computer happened to croak immediately following the opened attachment for other reasons entirely, coincidence being a mathematical inevitability. Still.

Actually since their receipt of my latest letter my dance card has been nearly as full as T. Sevillano's. Along with the email, there have been numerous phone calls, letters and Fed exs. I think I may have hit a sensitive spot with the bank. Whether it's the REMIC violation or the breach of contract issue I can't tell but they seem to want to negotiate. The letters aren't boilerplate; they want to further review my concerns and look at every option to assist me. LOL.

Jeffrey, I agree that default is tough to get past so I thought I'd try to turn that around to work against them. I'm still trying to paste the letter here.

[TomEason]

I just find it ironic that the NOD was filed with such glaring errors. (I don't have my notes with me, so I can't elaborate, but they are glaring errors!) When I went to file a quit claim deed, the recorder employee I spoke was very clear that there were strict recording guidelines. She even helped me change the property description so it wouldn't be rejected. This doc should have been rejected by what I've been reading. It's not a huge deal but it surprises me (no, I guess it doesn't) that these incomplete documents are being recorded.

Hi KimberlyS

FWIW, recording a quitclaim deed isn't at all difficult.

A quitclaim deed is a document which easily meets the requirements of CA statutes concerning "recordable documents."

A quitclaim deed is rarely harmful; it only grants title to property the grantor owns. If that grantor owns no RE, no title is conveyed because there is no ownership of RE.

[KimberlyS]

That's why I found it so ironic, Tom Eason!! They made such a big deal for really just a formality in this case, and yet accepted a poorly-constructed NOD.

Jeffrey L Shurtliff, thanks for your comment, too. I think that's where I ended up. I have a crummy NOD recorded, so what? It may be useful information somewhere somehow but it's not like that one thing is going to change anything. In my case, they failed to assign a new trustee as well. I got all excited about that, then realized all they'd have to do is assign a trustee and re-do notice of trustee sale. Could buy me some time, but that's about it. My sale date is still over a month away, so I'm not doing anything at all right now besides educating myself and waiting to hear yay or nay on the loan mod!

[frosted]

Hi Frosted,

Last name Mac would mean Freddie Mac. Even if your loan wasn't securitized the fact you were told not to make payments before a NOD was filegives you something to challenge. It's a breach of theimplied covenant of good faith and fair dealing to frustrate your ability to fulfill loan obligations by misrepresenting material facts such as the essential nature of remaining current to prevent foreclosure. You relied on their misrepresentation and were frustrated further by the imposition of added foreclosure fees.
This goes back to what I've been looking into which is breach of contract or default on the lender's part. That was the approach I used in my most recent letter that had my sale canceled. I'll post it soon.

Thank you all for your responses, and thanks for this as well.

Honestly, it was the fact that the foreclosure attorney and Central Mortgage wouldn't call me back that made me dig in my heels...I was preparing to walk. But I don't think it's fair they will just sell the house for like, 38K at foreclosure and someone will get to take advantage of that, rather than negotiate a deal like that with me. But, as a friend told me, they just aren't motivated to do that.

The company that I hired to help sent off a QWR, a validation and a dispute letter. That stopped the first sale date. I don't know what exactly they did/sent to stop the second.

Can I draft my own validation or dispute letter to stop this next sale date they are sure to set? I don't want to work with this company anymore as I think they charge far too much for things I can do for myself. I want to be able to negotiate with the servicer myself to see if I can get the loan modified. Truly modified with a SIGNIFICANT principal reduction. I know it's a long shot, but I'm willing to try.

[freedomwon]

Thank you all for your responses, and thanks for this as well.

Honestly, it was the fact that the foreclosure attorney and Central Mortgage wouldn't call me back that made me dig in my heels...I was preparing to walk. But I don't think it's fair they will just sell the house for like, 38K at foreclosure and someone will get to take advantage of that, rather than negotiate a deal like that with me. But, as a friend told me, they just aren't motivated to do that.

The company that I hired to help sent off a QWR, a validation and a dispute letter. That stopped the first sale date. I don't know what exactly they did/sent to stop the second.

Can I draft my own validation or dispute letter to stop this next sale date they are sure to set? I don't want to work with this company anymore as I think they charge far too much for things I can do for myself. I want to be able to negotiate with the servicer myself to see if I can get the loan modified. Truly modified with a SIGNIFICANT principal reduction. I know it's a long shot, but I'm willing to try.

Hi Frosted - If I were you, I would ask for copies of the letters they sent. You are the paying client & are entitled to have those letters for your files. You most certainly can do this on your own. Here's some things you can do to challenge your loan servicer and or trustee: Send a letter that contains just 2 of the questions or statements listed below. The idea here is to stall for time while you prepare your best strategy of an exit plan because it sounds like the only way you will remain in the home is with a HUGE principal reduction. (probably not likely to happen).

Consider this a Qualified Written Request pursuant to the Real Estate Settlement Procedures Act section 2605(e).


Specifically, we are requesting the following information:
· A copy of the front and back of the Note showing all endorsements;
· Instructions as to how we can arrange to view the original Note and all other documents requested in this Qualified Written Request personally or through our designated representative;
· A copy of any and all assignments of the Mortgage or Deed of Trust including information as to when the assignment was recorded in the public records including the document number or book and page number;
· A complete copy of the Mortgage or Deed of Trust;
· A complete copy of the Truth in Lending Act Disclosure, Good Faith Estimate of Closing Costs and any and All Good Bye Letters;
· A complete copy of the loan application and all documents signed by us at settlement or before;
· A complete copy of all documents provided to us by the original lender at or before settlement;
· A copy of any document you base your authority to service the loan including but not limited to the servicing agreement;
· The payment dates, purpose of payment, and recipient of all fees and costs that have been charged to our account or have been advanced on our behalf during the term of the Loan;
· The payment dates, purpose of payment, and recipient of all escrow items that have been charged to our account or have been advanced on our behalf during the term of the Loan;
· A breakdown of our current escrow payment showing how it was calculated and the reasons for any increase during the term of the Loan (include a copy of any annual escrow statement prepared during the term of the Loan);
· A payment history that can be easily read and understood listing the dates and amounts of all payments made on the Loan to date, showing how they have been applied or credited, or if not applied, showing how they have been treated;
· A copy of any bills and payments made by you or any other person for any third party fees or costs you charged against the Loan;
· A breakdown of the amount of any claimed arrears or delinquencies on our account, including an itemization of all fees and charges you claim are due; and
· The current balance in any suspense account as of the date of this letter and the reason why such funds were deposited into such account.


Thank you for taking the time to acknowledge and answer this request as required by the Real Estate Settlement Procedures Act (section 2605(e)).

You can also send a dispute of debt letter. Go here My recent letter to BofA (Part 2) & read post # 79. You will find a debt dispute letter. You can copy & paste where applicable just be sure to replace appropriate info with your own lender & trust (if there is one).

What state are you in & how long has it been since you made your last payment?

[isisis]

Hi Frosted,

If I were you I would certainly not pay that company any more money. As Freedomwon said you are entitled to the paperwork involved in the work they did for you and it should provide you with the name of your beneficiary. Another thing you could do is go on Mers website www.mersinc.org/ and enter your MIN (you can find that in your loan papers on deed of trust right under those words, it's an eighteen digit number).

Sending a debt dispute letter isn't something you can do to postpone a sale on a regular basis but fortunately there are letters you can send that are likely to that challenge various aspects of the foreclosure process. I suggest you read Freedomwon's thread call "My Recent Letter to Bofa" for an example of how she went about doing that. Now since you're Georgia and not California and you're not Bofa many of the challenges she used would not be applicable in your case. \

Fortunately (and very unfortunately as well) banks have been so greedy in their rush to foreclosure that multiple errors are common. What you might want to do is read Georgia's foreclosure laws (here they're statutes and codes they might be called something else there) and see if your bank did what they were required to do. Also that website I gave for the debt dispute letter, Operation Restoration is in your state, they have all sorts of information, they're a free service (I believe) and reputable.

[Jeffrey L. Shurtliff]

That's why I found it so ironic, Tom Eason!! They made such a big deal for really just a formality in this case, and yet accepted a poorly-constructed NOD.

Jeffrey L Shurtliff, thanks for your comment, too. I think that's where I ended up. I have a crummy NOD recorded, so what? It may be useful information somewhere somehow but it's not like that one thing is going to change anything. In my case, they failed to assign a new trustee as well. I got all excited about that, then realized all they'd have to do is assign a trustee and re-do notice of trustee sale. Could buy me some time, but that's about it. My sale date is still over a month away, so I'm not doing anything at all right now besides educating myself and waiting to hear yay or nay on the loan mod!

Exactly they will either give you a mod or they will foreclose. They have the hammer and you cannot take it away from them. Regardless on how complicated you make an argument against default it always comes up, "you defaulted how did that hurt you?"

[frosted]

Hi Frosted - If I were you, I would ask for copies of the letters they sent. You are the paying client & are entitled to have those letters for your files. You most certainly can do this on your own. Here's some things you can do to challenge your loan servicer and or trustee: Send a letter that contains just 2 of the questions or statements listed below. The idea here is to stall for time while you prepare your best strategy of an exit plan because it sounds like the only way you will remain in the home is with a HUGE principal reduction. (probably not likely to happen).

Consider this a Qualified Written Request pursuant to the Real Estate Settlement Procedures Act section 2605(e).


Specifically, we are requesting the following information:
· A copy of the front and back of the Note showing all endorsements;
· Instructions as to how we can arrange to view the original Note and all other documents requested in this Qualified Written Request personally or through our designated representative;
· A copy of any and all assignments of the Mortgage or Deed of Trust including information as to when the assignment was recorded in the public records including the document number or book and page number;
· A complete copy of the Mortgage or Deed of Trust;
· A complete copy of the Truth in Lending Act Disclosure, Good Faith Estimate of Closing Costs and any and All Good Bye Letters;
· A complete copy of the loan application and all documents signed by us at settlement or before;
· A complete copy of all documents provided to us by the original lender at or before settlement;
· A copy of any document you base your authority to service the loan including but not limited to the servicing agreement;
· The payment dates, purpose of payment, and recipient of all fees and costs that have been charged to our account or have been advanced on our behalf during the term of the Loan;
· The payment dates, purpose of payment, and recipient of all escrow items that have been charged to our account or have been advanced on our behalf during the term of the Loan;
· A breakdown of our current escrow payment showing how it was calculated and the reasons for any increase during the term of the Loan (include a copy of any annual escrow statement prepared during the term of the Loan);
· A payment history that can be easily read and understood listing the dates and amounts of all payments made on the Loan to date, showing how they have been applied or credited, or if not applied, showing how they have been treated;
· A copy of any bills and payments made by you or any other person for any third party fees or costs you charged against the Loan;
· A breakdown of the amount of any claimed arrears or delinquencies on our account, including an itemization of all fees and charges you claim are due; and
· The current balance in any suspense account as of the date of this letter and the reason why such funds were deposited into such account.


Thank you for taking the time to acknowledge and answer this request as required by the Real Estate Settlement Procedures Act (section 2605(e)).

You can also send a dispute of debt letter. Go here My recent letter to BofA (Part 2) & read post # 79. You will find a debt dispute letter. You can copy & paste where applicable just be sure to replace appropriate info with your own lender & trust (if there is one).

What state are you in & how long has it been since you made your last payment?

I am in GA and have not paid since March. What is interesting is when they finally sent the copies of the docs that were requested, they did not include the assignment (they had pulled that ad printed it for me). The one that says Colonial Bank files assingnment in 2012 to Central Mortgage even though they went kuput in 2009

Hi Frosted,

If I were you I would certainly not pay that company any more money. As Freedomwon said you are entitled to the paperwork involved in the work they did for you and it should provide you with the name of your beneficiary. Another thing you could do is go on Mers website www.mersinc.org/ and enter your MIN (you can find that in your loan papers on deed of trust right under those words, it's an eighteen digit number).

Sending a debt dispute letter isn't something you can do to postpone a sale on a regular basis but fortunately there are letters you can send that are likely to that challenge various aspects of the foreclosure process. I suggest you read Freedomwon's thread call "My Recent Letter to Bofa" for an example of how she went about doing that. Now since you're Georgia and not California and you're not Bofa many of the challenges she used would not be applicable in your case. \

Fortunately (and very unfortunately as well) banks have been so greedy in their rush to foreclosure that multiple errors are common. What you might want to do is read Georgia's foreclosure laws (here they're statutes and codes they might be called something else there) and see if your bank did what they were required to do. Also that website I gave for the debt dispute letter, Operation Restoration is in your state, they have all sorts of information, they're a free service (I believe) and reputable.

Ok, thank you for the advice! The woman did show me my loan on MERS website; it showed it's owed by Freddie Mac and "no longer trading" as she put it. So, I can send another QWR even though they already sent one about 6 weeks ago?

[isisis]

Jeffrey,

I think that's exactly what people need to be prepared for and the best way that I can think of getting past that is by looking at their loan papers and reconsidering the contract. I broke it down in to four parts (in bold) . The loan agreement allows: the Lender to invoke the power of sale with the security instrument upon the default of the borrower according to Applicable Law. If all of those conditions were true thenthe provisions of the loan agreement were met and the court is correct to side with the lender. But what if you demonstrate that:

1. The Lender (or its agent) didn't invoke the power of sale with "Evidence" - no let's say information to be safe - from which the plausible inference can be drawn that the entity invoking the power of sale lacked the legal right to do so, i.e. the improper securitization of the note leaves the true identity of the Lender in question.

2. The power of sale was "invoked" by a void security instrument due to its separation from the note (evidenced by the lag time of often years between the note's securitization and the deed's assignment in county records.

3. If Applicable Law was violated in the foreclosure process.

4. Then to hit the ball out of the park show default didn't exist at the time of the initiation of foreclosure either by:

Miscalculation of improper fees (escrow is a good place to look)
Misrepresentation and frustration of purpose. To plead breach of contract one thing you need to show is either your performance or excuse for nonperformance. To mislead the other party into default in a contract is a breach on the part of the misleading party not on the party misled into default.

If all or even some of these conditions take place then the bank is in default not the borrower

[Annie Mac]

Recording Of Documents: Here is a little viewpoint from CBS regarding the fraudulent creation and filing of documents. While the news report begins in Georgia, where foreclosure rates are highest in the nation, it also includes John O'Brien in Salem, Massachusetts, who has taken up this work of challenging authenticity of documents. It is an interesting reflection of two different ways to approach life; one recorder in Georgia whose job it is to only file the documents, and O'Brien who views his elected office as one where integrity of documents is essential. Wish we had more O'Briens in elected offices. This from victoryoverchase.blogspot.com

CBS Atlanta News Special: Foreclosure Fraud in Georgia - YouTube

[freedomwon]

Recording Of Documents: Here is a little viewpoint from CBS regarding the fraudulent creation and filing of documents. While the news report begins in Georgia, where foreclosure rates are highest in the nation, it also includes John O'Brien in Salem, Massachusetts, who has taken up this work of challenging authenticity of documents. It is an interesting reflection of two different ways to approach life; one recorder in Georgia whose job it is to only file the documents, and O'Brien who views his elected office as one where integrity of documents is essential. Wish we had more O'Briens in elected offices. This from victoryoverchase.blogspot.com

CBS Atlanta News Special: Foreclosure Fraud in Georgia - YouTube

Annie Mac - Thank you for posting that video. Definitely worth the watch! I got absolutely nowhere not once, not twice but 3 separate times, questioning the clerks at the county recorders office as to the validity of documents. They see their job as simply one of recording documents. There is no other systems in place to stop these fraudulent documents from being filed.

Most recently my property sold at trustee sale to a 3rd party. That 3rd party was under FBI investigation for a couple years for foreclosure fraud & last December was indicted by the Federal Grand Jury. He is currently out on 900k bail. Just for my own knowledge, I went to the county recorders office & got a copy of the new trustees deed upon sale to see if his name appeared on the document. Instead it was filed under one of 9 variations of his company name. I questioned the recorder about this & was told that is quite common. They simply record under the name that appears on the document.

[Annie Mac]

Well this is an interesting twist to your story, Freedomwom. I have said so many times we couldn't make this stuff up if we tried, and sadly, the truth is weirder than what we could have made up. Isisis has a strategy to use the same tools the banks use and reverse it against them, like a martial arts move. There has to be a strategy within the changing of names. My bankster changed names without any recorded assignment; it has happened at least once to most of us. To some, several times. Then, the note we signed has been marketed and repackaged under numerous names and numbers. All one has to do is repackage it and it is no longer what it was and impossible to trace. Washington Mutual, FA continued making loans after they no longer existed because people didn't realize the difference between Washington Mutual, FA and Washington Mutual Bank. I have jokingly stated, I want to change my name too, and do the 180 on Chase. If your buyer can be one of nine different names, and it is all OK and recordable, yikes. Maybe there is a hint here, which I believe Acesful mentioned, of establishing oneself as a corporation. As Jeffrey just wrote, due to Citizens United, the corporations have more rights than us lowly individuals anyway. There is something here....to change who we appear to be or what we are called also. If the banks can do it, it is a tool worth considering. If we put our minds to it, we can figure out this tactic. It surely would mean dropping the cloak of our individual identities.

[Annie Mac]

The waltz is ending. It is now a two-step. I sent in a debt validation letter last month, regarding my sale date of the end of October. I requested a full accounting of the financials, with added fees, from the 2008 NOD and sale date which was rescinded, and I never got an accounting for, as well as a full accounting of the 2012 current NOD with fees. Firstly, they stated I had not been within the 30 day timeframe for my letter, which was UNDER the 30 days. These people cannot count what a basic first grader can....up to 30. I guess they believe they can start counting on the the day they file, not when I receive notice. The state law for the NOD starts counting when one receives legal notice. Then, they bypassed my request entirely. No figures....just the same rote regurgitation of, "JP Morgan Chase was the purchaser of loans and other assets of Washington Mutual Bank, formerly known as Washington Mutual Bank, F.A. from the FDIC.......Our counsel advises us that no evidence of transfer or other assignment is necessary to establish successor status." They focused totally on defending their right to foreclose and did not respond to my request. In addition, their response is almost two weeks late over the thirty days necessary to respond by law. I guess I first need to address their accusation that my request was late, and also address the fact that they were definitely late in responding to me. Their lack of counting is another huge issue which I won't go into here. I correct myself; thirty years ago, most first graders could easily count to thirty. Today, most four year olds can do it...that says it all. Most four year olds can do what Chase is unable to do. So many, many errors....which one to go for first? It is going to be a long while on the dance floor.

[Jeffrey L. Shurtliff]

Annie............... click this link and read this consent order on your bank, thoroughly. http://www.occ.gov/news-issuances/ne...c-2011-47e.pdf Contact the bank by letter again citing the violations of their consent stipulation order. Then see what they say. Specifically, if there are wrongs within the loan documents ect..... this is adressed and the bank in still in violation of Title 12USC, section 1818(b). Restitution is ordered under Title 12USC, section 1818(6).............. Jeffrey

[Jeffrey L. Shurtliff]

Also most here know of my thread Crossing the Delaware. The whole thread has been deleted per my request. So if you go there and not see it you will know why it is not there.

[djdavisla]

update. we have two foreclosures oct 2nd sale and oct 11th. Lender on the 2nd is so unbelievable . one west/indy. we have had a 4year war, they are foreclosing on a 2009 NOD. they transferred trustee twice. we just got notice of sale yesterday for oct 2nd. we hired attorney off garfield site for this one and another attorney in pasadena for the other sale. so very expensive, and hopefully we are not ripped off. one west forced us into bankruptcy back in april.so with each blow we are determined to fight harder, the executives are untruthful, lied about sale dates, tell us FULL REINSTATEMENT IS ONLY OPTION. so, hopefully the garfield atty can stop it, also have company that says they can cloud the title? we will do anything to stop this sale. even if its foreclosed we will fight in court. we were promised a loan mod and then one west said only option was loan recapitalization with $9,000 monthly payment. so, even if its years, and no amount of money will we stop, foolish? no, we just are not going to give up. we never asked for loan discount, just the loan mod we made trial payments TWICE for.

[Jeffrey L. Shurtliff]

update. we have two foreclosures oct 2nd sale and oct 11th. Lender on the 2nd is so unbelievable . one west/indy. we have had a 4year war, they are foreclosing on a 2009 NOD. they transferred trustee twice. we just got notice of sale yesterday for oct 2nd. we hired attorney off garfield site for this one and another attorney in pasadena for the other sale. so very expensive, and hopefully we are not ripped off. one west forced us into bankruptcy back in april.so with each blow we are determined to fight harder, the executives are untruthful, lied about sale dates, tell us FULL REINSTATEMENT IS ONLY OPTION. so, hopefully the garfield atty can stop it, also have company that says they can cloud the title? we will do anything to stop this sale. even if its foreclosed we will fight in court. we were promised a loan mod and then one west said only option was loan recapitalization with $9,000 monthly payment. so, even if its years, and no amount of money will we stop, foolish? no, we just are not going to give up. we never asked for loan discount, just the loan mod we made trial payments TWICE for.

First: if you go to court the judge will tell you your bankruptcy was your decision and probably strategic. Second: The Judge will ask; "You defaulted how were you damaged?" Third: If you are going to cloud the title with an instrument make sure that instrument has superior law to power it and the grounds for filing the instrument within it's text. I have been in court on three lawsuits I have filed. The last case has a veridict pending for the bank which includes attorneys fees of $7000.00. I am pulling out all stops to prevent a permanent verdict as the judge has let me file an objection to their fees.

[djdavisla]

Thank you Jeffrey, yes , I have followed your situation, you are a fighter. thank you for advice. we got recommendation for attorney off garfield site and spoke to his asst. we also have back up attorney. and then back up to back up. so I guess all we can do is that.we are in california. at one point the attorney general office contacted us about one west. we have recently talked to them also, but not sure they can do much. we updated our complaint at OCC. one west, we even offered to pay their attorney fees. then they stopped talking to us, same as last april when we did the bankruptcy. they are upset, we were told we had angered people at the bank, well, we are fighting to keep our home. its so crazy they don't just do the loan mod they put in writing to us and then changed to loan recapitalization with a payment double the amount. do you think the garfield attorney can stop it? of course the money is an issue. but if it stops them its worth it, whats worse is to spend the money and get taken by the attorneys, which has happened with the bankruptcy attorneys twice now, ahhh, but we fight on.

[Jeffrey L. Shurtliff]

TITLE 12 UNITED STATES CODE, section 1818 governs the banks and the judge is the OCC. Consent Orders signed by all of the banks show unsafe and unsound banking practices under section 1818(b). Your lawyers may find this interesting. The bank and Freddie are real mad at me for teaching others to fight this. I have confirmation from their attorneys. Coming this far I am convinced the proper venue is the OCC and am trying something on my part and will report back if successful.

[djdavisla]

yes please update. we have fought several banks for over 4years. my families properties saved, some lenders provided loan mods and we tried to move on. but one west /indymac has played underhanded, not been truthful, they have a special deal with government and they rarely do a loan mod. we have truly tried to meet them more than half way, we even contacted back and said it would be a struggle but we would attempt to make the $9,000 payment. no word back just the notice of sale. they are on a mission to take as many homes as they can. so all this money we could use towards payments is going towards attorneys. my sister took fliers into their branches, thats what angered them. well, if they take her home, it will be world war 3. she is very determined.

[Jeffrey L. Shurtliff]

IndyMac/OneWest Bank Denied Bid to End HAMP Class Action Lawsuit | Abbey Spanier Blog Do not know if you have saw this but it is important to you!

[djdavisla]

Thank you. Our loan amount is outside hamp limits, does that matter? they had promised in person meetings at first attorneys office, in-house loan modification in 2010, the property is over $100,000 underwater with their loan, but we are trying to do everything to keep it. but loan amount requires in-house modification. also it was funded by indymac and then one west bought them , so not sure if mers and securitization matters as they still hold the loan.

[Jeffrey L. Shurtliff]

If you have been promised an in house loan and have made trial payments and sent in all of the information required and then they say no; even if you made those trial payments then there is misconduct on the part of the bank and it is an unsafe and unsound banking practice, under FDIC Law TITLE 12 USC, section 1818. This law superseceds all others in regard to the banks. The only way it can be supersceded is by a Judge of the US DISTRICT COURT. Doctrine of Judicial Review. The bank has an order to cease and desist pursuant to section 1818(b). If they are not ceasing this misconduct per the order shoot another complaint to the OCC citing violation of that order.

[djdavisla]

yes. 1. promised loan mod in person and in emails.
2. made two sets of trial payments , made on time.by cashier checks.
3. Then we were advised that we could only get a "recapitalizaton" which repays the loan and doubled the payment needed.
thank you, will send immediately this and add to our complaint and cc the garfield atty in newport beach and update you. thanks so much

[djdavisla]

would the fact that we were in bankruptcy and one west got relief from stay based on value of property affect any of this? they got relief in August 2012, would not tell us who the trustee was, new trustee, then we kept calling one west and new woman accidentally told us it was ndexwest in dallas, so we had also resubmitted our loan modification papers and we recently sent ndexwest a dispute of debt letter, then yesterday got the notice of sale oct 2nd

[Jeffrey L. Shurtliff]

I would challenge the Trustee with a communication quoting violations of TITLE 12 USC 1818(b) Cease and Desist order stipulated to by the bank and the OCC. Tell them they are being negligent in foreclosing helping assisting the bank in foreclosing on you. Cite negligence if foreclosed on showing further violaton of the Consent Order. In a nonjudicial state you have the right to solve this nonjudicially with a communication to the Trustee and the Bank. Make sure this is alright with your lawyer. A nonjudicial challenge done correctly will buy you some more time.

[Annie Mac]

It's yellow jacket time! The banksters are starting to buzz around frantically. Just reading your description of what you are dealing with djdavista along with many other postings lately, it just feels like there is a more frantic quality to the actions and communications from the banks than it has been. Like yellow jackets before autumn, something possibly could be shifting, the lazy days of fraud and negligence were so sweet. Maybe they know something will freeze the air and some other ways of doing business. Thank you Jeffrey. All your struggles are so helpful to the rest of us. I have spent the day compiling notes on four years of communications and reading the consent order you posted. It is a depressing way to view the dysfunction, but necessary. I must say I am grateful to be dealing with only one instead of two foreclosures. Twin foreclosures! My goodness, that is too much for even the most sturdy of folk.

[djdavisla]

Thank u also jeffrey. I only mention this so as to help others as this site and all the very amazing people, who have helped over the past 4yrs…. one west..would not stop ..so bankruptcy in april. (bankruptcy corruption of the system is worse than the banks, the trustees are true money whores) so trustee allowed our property in venice beach with wells, who was doing loan mod, to get sold ,while in bankruptcy, its being rescinded?…the other family properties, loan mods all done, 5 of them, but we are falling behind because the trustee took our rents, and paid NOTHING, yes thats allowed, so we need to catch up with the "good lenders" who did the loan mods..So, my point? its very surprising what you can get through… hopefully, we can get some sense into one west, and the other is a credit union Kinecta, seems the atty for one west met with atty from kinecta so the two have been fighting us as a united front, one does not thing then the credit union does it. but, again, it makes us just want to fight stronger, and plan to do a blog on all the corruption in bankruptcy system and all the players….thank you again to all of you.Jeffrey.first thing monday we give all your info to attorneys

[Jeffrey L. Shurtliff]

One more thing here. IF you have submitted a Foreclosure Review Request after receiving the engagement letter, techincally the foreclosure is the property of the OCC administrative action, under Title 12 section 1818, and this trumps any attempt to auction the property.

[djdavisla]

big thanks! they just extended it also i believe

[Annie Mac]

Jeffrey, What are the advantages and disadvantages of the Foreclosure Review Request? Who actually does the review? What might be the result? By this point I am so skeptical of any program, plan, agency which is supposed to help. They all seem to complicate things, and essentially detour the real issues. What do I want? The quickest, simplest, and least expensive avenue to nail Chase to the floor. There is a Hopi prophecy that the people will become so angry with the leaders of the world, that we will pinch their ears. As in most of the Hopi prophecies, things are couched in symbolism, so maybe that means something which I cannot quite picture, but that might work too. If it allows me to keep my house, then what I want is to pinch the ears of the banksters.