Bagels at a Bar Mitzvah

TXWilly

LoanSafe Member
Mar 21, 2013
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Well done Just me.. Keep on fighting. I am on to my final rounds. Have to arm with more stronger arguments as enough proof is there already against them.
 
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TXWilly

LoanSafe Member
Mar 21, 2013
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Just_me,
I guess you are referring FRCP Rule 11 in federal courts. Though there may be similar rules in state courts too. I have filed such motions in federal court also my opposite party against me. But these are rarely granted I guess as the judge did not grant mine as well as the opposite parties. These are for extreme errors or repeated errors. My attorney violated simple filing rules /deadlines etc and court did not say anything inspite of me bringing up this to their attention. Same may be for Rule 11 motions. The judges have enormous power and they abuse it openly and they can/get to decide whom they can restrict further filing or not. You cannot even appeal that as you have to get permission to file sometimes there by restricting complete access to justice.. The money/lobby is so strong it buys judges and justice... But Law of karma never fails... and It will pay back at appropriate time...
 

isisis

LoanSafe Member
Jun 22, 2010
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North bay
Just me,

Glad your motion was granted! Krafty might have some thoughts on your objection to the ex parte. He, as I recall had the judge recuse herself for ex parte involvement, something of the sort.

I'm not familiar enough with your case to know in what context you're wondering whether to use the SOL. As I'm sure you know with laches there needs to be prejudice unlike the SOL. Laches is like the SOL but generally used in equity. I became familiar with the multiple challenges of various sorts applicable to the SOL as it was a central issue in my case though don't know whether the same apply to laches.

Hey, is there some new formatting on the website or is it just my android? If it's new I like it.
 

TXWilly

LoanSafe Member
Mar 21, 2013
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It is a new format. It looks better. But I donot get the new answer alerts which I used to get earlier. Not a big deal.


Anyway, anyone know or explain or guess on citing case laws to your current case? What exactly needs to be matched/referenced to cite a case law to your case. For example if you are citing a 1950 Case where there is a fraud involve in real estate deed, does your current case has to be EXACTLY under the same circumstances or very similar situations/or type of transactions. IT is kind of vague and not clear and each judge or attorney may refer/use a certain case law for/against your case. So it is very subjective and cannot be a good system to compare old case laws to win a claim/defense. Anyone have any ideas?
 

OneHugeMess

LoanSafe Member
May 30, 2016
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Curious, does anyone here have a 2nd Lien Home Equity Loan or HELOC? It appears that some servicers are trying to pursue foreclosure on long charged off / delinquent accounts. Previously, it seemed they were mostly ignored or forgotten about.

I only have one, and it's completely underwater behind the 1st, but I was actually debating pursuing a settlement of some sort today. I mean... if I could settle it for 4-5k, it could be worth it down the road. Then again, with my first in limbo, maybe it's not worth poking the bear.
 

OneHugeMess

LoanSafe Member
May 30, 2016
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I actually kinda like the new site. The color scheme is not my favorite, but it's a lot easier to navigate on a cell phone. Maybe I'll be able to check in more often :)
 

just_me

LoanSafe Member
Sep 14, 2015
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Thanks for the encouragement folks. I'm not focusing on the Rule 11 complaint mainly because I have more pressing matters. Ironically, while waiting my turn in court to find out if I got an enlargement, I got to hear an attorney fight this one in front of the judge. lol. It's a moot point for me. The damage is done. Plus, aside from removing a judge when necessary, not many folks here appear to have gotten much mileage on these complaints. It's just SAME OL SAME OL par for the course by the FC Mills!

"Prejudice" as far as I have found with regards to SOL (and Laches) involves things like a disadvantage of having spent time and money on repairs, time and money on legal costs to defend, plus additional interest and inflated charges accruing due to delay (making loan more difficult to resolve). Which is all true. My main deal on going back to object on the second amended complaint (8 yrs after filing original and 2 yrs after SOL) is that Plaintiff gets a free pass and gets to charge/obtain past legal costs, that I could have wiped out and made them eat (about 10K). Grrr. I tried to recoup some funds for Legal Aid and place that back for other folks.

An interesting thing is that, because I included all past responses from Legal Aid, I have very general arguments I can elaborate on. Laches, waiver, estoppel. God bless Legal Aid! In addition, opposing counsel went through them and attempted to elaborate their denial of these defenses. Hence, the definitions and points of authorities are in their new MSJ complaint. I'm arguing equitable estopple due to fraudulent acts. I have lots of evidence on this. I have even uncovered new evidence. I had an attorney from out of state contact me with regards to the spurious signature used as an indorsement amongst other things. I was in process of getting related affidavits on certain proofs but doubt I'll have time due to only having a week. But I might use these anyway to create some doubt.

OHM - The Mill has admitted that the second has no cause or right to collect in my case. They are seeking default judgements against all non-responsive parties, including unknown spouse. This is a notable change in argument. Likely a trick to get "something" on the record to bolster their case. While it's byond SOL, I also had sent them (2nd lien) a payoff and settlement, which they accepted, but ignored the release the lien part.
 

just_me

LoanSafe Member
Sep 14, 2015
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Also, the FC mills point of authorities and arguments are very dated.
 

just_me

LoanSafe Member
Sep 14, 2015
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Is it just me, or does anyone else feel these latest agressions are related to Ocwhim's planned change in servicing? I got the change notice (and a bill) during this resumed MSJ.
 

moretrouble

LoanSafe Member
Nov 14, 2009
1,345
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Curious, does anyone here have a 2nd Lien Home Equity Loan or HELOC? It appears that some servicers are trying to pursue foreclosure on long charged off / delinquent accounts. Previously, it seemed they were mostly ignored or forgotten about.

I only have one, and it's completely underwater behind the 1st, but I was actually debating pursuing a settlement of some sort today. I mean... if I could settle it for 4-5k, it could be worth it down the road. Then again, with my first in limbo, maybe it's not worth poking the bear.
I had an HELOC with HSBC back in 2010. I stopped paying them the same time with my first. They promptly charged-off the debt , sold it to a number of debt collectors. The final sell was to Greentree (Ditech now). HSBC made out like a bandit, paying bond holders 6% while collecting 15% from HELOC owners as documented in the certificate holders' reports (when they closed the trust). Ditech (Grenntree) called me a few times to collect. I politely told them since HSBC profited from my loan I did not intent to make them any richer (HSBC also forced me to pay for credit insurance to get the loan) and I know Greentree only paid 1/3 of a penny on the dollar for the right to collect on my loan per their own 10-Q . I also reminded them they could sue me in court to foreclose but it was a violation of Unfair Trade Practice Act if they sue me after the 6 year SOL. Never hear from them again. Anyway the HSBC debt was included in my judgement. If you wait long enough they go away (7 years for credit reporting, and 6 years to collect per statue). My FICO is 748 now.
Greentree also tried the forgery trick but after I pointed out the fraud they knew it was not worth the trouble being second to pursue.
 

moretrouble

LoanSafe Member
Nov 14, 2009
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Is it just me, or does anyone else feel these latest agressions are related to Ocwhim's planned change in servicing? I got the change notice (and a bill) during this resumed MSJ.
Over 50% of Ocwen's business is from New Residential (Ocwen's 10-K). New Residential bought Shellpoint and eventually will (or already have) transfer the servicing from Ocwen to Shellpoint. Ocwen is trying to collect before they transfer the servcing to Shellpoint before they lose that right. New Residential was created by a old Bear Sterns' guy, heavily invested by a few billionaires. This is how they take advantage of the rate spread created by the Fed lowering rates. I wrote to the big boys (Black Rock < PIMCO and their attorneys) detailing how Ocwen 's been cheating them. When I started Ocwen stock was 4.5$/share, now it is 1.6/share. Probably not all from my campaigning, but I hope it plays a part. To that extent, I 've already win. Still waiting for the new judge to grant motion to correct transcript.
 

moretrouble

LoanSafe Member
Nov 14, 2009
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The servicers (BOfA and Ocwen) hire attorneys to lie in court and these attorneys willfully do it a few measly sums of dollars (2K per judicial foreclosure case). Shame, shame, shame... they are willing to sell their souls for just a few dollars.
 

moretrouble

LoanSafe Member
Nov 14, 2009
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OHM - The Mill has admitted that the second has no cause or right to collect in my case. They are seeking default judgements against all non-responsive parties, including unknown spouse. This is a notable change in argument. Likely a trick to get "something" on the record to bolster their case. While it's byond SOL, I also had sent them (2nd lien) a payoff and settlement, which they accepted, but ignored the release the lien part.

Because they had no right to release, they did not own the lien.
 

wanda robo

LoanSafe Member
Sep 29, 2012
3,775
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NJ
Do you know how you're at work & you get a bad ruling, or whatever, and you just ask to get through the day? You just can't wait to get home, unwind & digest the bad news.

Well I got bad news today at work. Seems Lone Star is getting out of the rental business & my lease won't be renewed (Surprise! They screw with you even when you rent from them). So I pre-applied for a mortgage & just wanted to get through the day. Well, I get home to unwind & there's a nice little envelope from the New Jersey Supreme Court Clerk. My Motion for Reconsideration is denied. No statement of reasons, no nothing, just denied.

This is getting a little old, to say the least.
 

OneHugeMess

LoanSafe Member
May 30, 2016
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So I pre-applied for a mortgage & just wanted to get through the day.
Can you please keep me somewhat in the loop on how that goes? I've become very interested in the idea of buying again, recently, and was thinking, about pursuing something later this year or in the spring. Really, the only thing that has been stopping me, is the concern about ending up with a submarine.

Like I said... just tell me how it goes if you can. I wonder if I'll get turned down due to my loan in limbo with BoA.


I had an HELOC with HSBC back in 2010. I stopped paying them the same time with my first. They promptly charged-off the debt , sold it to a number of debt collectors. The final sell was to Greentree (Ditech now). HSBC made out like a bandit, paying bond holders 6% while collecting 15% from HELOC owners as documented in the certificate holders' reports (when they closed the trust). Ditech (Grenntree) called me a few times to collect. I politely told them since HSBC profited from my loan I did not intent to make them any richer (HSBC also forced me to pay for credit insurance to get the loan) and I know Greentree only paid 1/3 of a penny on the dollar for the right to collect on my loan per their own 10-Q . I also reminded them they could sue me in court to foreclose but it was a violation of Unfair Trade Practice Act if they sue me after the 6 year SOL. Never hear from them again. Anyway the HSBC debt was included in my judgement. If you wait long enough they go away (7 years for credit reporting, and 6 years to collect per statue). My FICO is 748 now.
Greentree also tried the forgery trick but after I pointed out the fraud they knew it was not worth the trouble being second to pursue.
I made my last payment on the second loan in February of 2008. Loan was serviced by Countrywide, and issued by Countrywide Bank. Anyway, BofA hasn't reached out to me in years, and years about that loan, and I think Real Time Resolutions is handling it now. I lost track of the last time I've been contacted, maybe it was in 2009 or 2010, but they didn't want to settle it. They just wanted me to resume payments. Wasn't interested then, or now in repaying the full amount. I assume and hope they charged it off.


OHM - The Mill has admitted that the second has no cause or right to collect in my case. They are seeking default judgements against all non-responsive parties, including unknown spouse. This is a notable change in argument. Likely a trick to get "something" on the record to bolster their case. While it's byond SOL, I also had sent them (2nd lien) a payoff and settlement, which they accepted, but ignored the release the lien part.
By default judgment, do you mean, pursuing a foreclosure case and hoping the borrower doesn't respond to the case, and they proceed to sale? Or... do you mean they are attempting to get a garnishment or judgment for the balance on these loans, and not pursue the sale of the home?


In your case... they should release the lien. They "settled" the account, and are not entitled to any more proceeds from a payoff or sale of the home. The account has a zero balance. They no longer have standing or a valid claim. They have no right to anything. - I would contact them directly, and offer to pay the fees related to a lien release. And I would make it clear that the account has been settled.
 

CAbooboo

LoanSafe Member
Jan 22, 2017
58
6
8
Curious, does anyone here have a 2nd Lien Home Equity Loan or HELOC? It appears that some servicers are trying to pursue foreclosure on long charged off / delinquent accounts. Previously, it seemed they were mostly ignored or forgotten about.

I only have one, and it's completely underwater behind the 1st, but I was actually debating pursuing a settlement of some sort today. I mean... if I could settle it for 4-5k, it could be worth it down the road. Then again, with my first in limbo, maybe it's not worth poking the bear.



OHM

Need to preface it’s been difficult post foreclosure. Feel somewhat of a failure as I didn’t do enough to fight like others. Regardless, there’s a need in me to figure things out because I’m unwilling to let go and unable move on. You’ve helped shed light (ie the World/ Wachovia/ Wells trifecta, PROF 2013 S3 trust etc). As such, been meaning to ask if you minded if I emailed you personally - here or elsewhere. Questions abound and the analytical side of me is ready to go awol! Also wanted to share a theory about Wells selling assets. You mentioned you were still trying to figure it out n thought email might be better than using the thread space

Moving on
HELOC - Home Equity Line of Credit .. Not to be confused with a second mortgage, correct ? Not sure of the differences, but thought I read somewhere (possibly the Living Lies blog) that if the first and second are owned by the same entity when they foreclose, regardless of first lien etc, it makes it more difficult or not possible for the second to collect when the property sells if there’s excess funds. (?)

Either way, your inquiry about HELOCs caused me to have an epiphany in writing this post. Wells serviced and claimed they (or an affiliate) owned both loans ... Previously, I’d mentioned they sold the first loan before auction. Buyer was PROF 2013 S3 ... managed by US Bank .. Servicing was transferred to Fay. Strategic move.

HELOC.
WAS bafflingly... curious if I’m correct. HELOC originated July 2007. Not defaulted till 2015-16. In April 2016 Wells was reviewing BOTH loans again for assistance (got HAMP in 2011 but had high hopes for principle reduction) While being considered, I received a letter that the HELOC was purchased by a new owner. My thought was they can’t do that ... it’s against the rules. Now, part of my epiphany...I imagine it’s OK if they keep the “SALE” “IN HOUSE” .. wink wink

Ta da ..Explains the notice ...
Wells HOME MORTGAGE sold my HELOC to none other than ...
Wells BANK, NA! How brilliant is that ! Also received a charge off letter and was told I’d still be on the hook for the debt if the home sold. Wow wow wow ... they are good. Great set up to easy to collect on the HELOC and that they did. cha-ching

In summary
Wells unloaded the first (sure they got something for getting rid of a non-performing Loan) plus year end balance sheet looked good.

HELOC.. Wells MORTGAGE got charge off and pretty balance sheet.
Then when the home sold for more than the first ... you know the rest .. Wells BANK cashed in. Excess funds bypassed me along with IRS n State (I’d personal income tax liens filed after the HELOC). I’m sure IRS and the Sate of California would’ve liked to have been paid. .

The icing ... almost fell outta my chair. Months after the sale Wells mailed me the original ASSIGNMENT AND RE-CONVEYANCE for the HELOC. Pulled up my on-line account. HELOC Paid In Full .. $60K plus and the foreclosure mill, Barrett Daffin blah blah blah got over $5k just for mailing me a forrest... what a bunch of crooks ...I’m almost shaking as I type this I’m so mad. Something is so wrong with this picture ... everyone’s picture ... we’ve all been photoshopped and it’s really down right ugly.

Well OHM .. that’s my HELOC story.
Thank you for throwing out the question as it allowed me to figure out some “why’s”. You’re a great therapist. Let me know where to send my co-pay! Lol oops ..I can’t ...don’t have healthcare .. and that’s what I do for a living ! Go figure ...
 

OneHugeMess

LoanSafe Member
May 30, 2016
459
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@CAbooboo I just sent you a PM. We can chat over there :)


OHM

Need to preface it’s been difficult post foreclosure. Feel somewhat of a failure as I didn’t do enough to fight like others. Regardless, there’s a need in me to figure things out because I’m unwilling to let go and unable move on. You’ve helped shed light (ie the World/ Wachovia/ Wells trifecta, PROF 2013 S3 trust etc). As such, been meaning to ask if you minded if I emailed you personally - here or elsewhere. Questions abound and the analytical side of me is ready to go awol! Also wanted to share a theory about Wells selling assets. You mentioned you were still trying to figure it out n thought email might be better than using the thread space
It's like I said before... the "PROF Title Trust" stuff is extremely weird. Wells Fargo went and spent the money to securitize their own loans, on their books, and then retained the entire securitization with no intention of selling it to investors. It's in my opinion that something BIG was inherently wrong with the World Savings Bank & Wachovia loans (particularly the Pick-A-Payment and Option ARM's) that had been issued, and by proceeding with the securitization, Wells Fargo was able to absolve and wash away a lot of their legal liability for a settlement.

In one of my little projects, I went through every single mortgage going back to 2003 (when construction started) in my Condo's development. One thing that stuck out to me, was a couple who had received two subprime loans *80/20* to purchase their condo from Chase in 2005. The mortgage was recorded in the name of "Chase Bank USA, N.A.", and never placed into MERS or Reassigned. What was interesting, is I looked up the assets of the Chase holding corporation, and that particular entity was only used to hold Credit Card loans, and Auto Loans. The entity claimed no ownership of a single residential mortgage, or home equity loan. From my best knowledge, the loan wasn't securitized or resold. Chase sought the loan as an investment on their books.

Later... when they walked away in 2011, Chase Home Finance LLC carried out the foreclosure. The problem with that... is that Chase Home Finance was no longer a registered corporation and had merged with JP Morgan Chase Bank in May of 2011, and the Lis Pendens and Complaint was filed in October of 2011. They won with default judgement, but, you have to ask yourself, what if they had challenged it.

HELOC - Home Equity Line of Credit .. Not to be confused with a second mortgage, correct ? Not sure of the differences, but thought I read somewhere (possibly the Living Lies blog) that if the first and second are owned by the same entity when they foreclose, regardless of first lien etc, it makes it more difficult or not possible for the second to collect when the property sells if there’s excess funds. (?)
HELOC's are like a giant credit card. You can borrow money against them, pay it back, and do it all over again. Usually the rate is variable. Home Equity Loans are generally a one time check for the funds, the rate can be fixed or variable, and you pay them back over 15/20/30 years.

Home Equity Loans were generally bought and resold by Investors. HELOC's were generally retained by the banks that issued them.

I don't think there is a problem getting excess funds, I think the problem is, generally the Mortgage Company will not bother to respond to the complaint they issued (as a 2nd holder) and the Foreclosing Attorney doesn't bother to process the payments. Usually 2nd Loans get entirely wiped out in a foreclosure sale.
 

OneHugeMess

LoanSafe Member
May 30, 2016
459
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Wells HOME MORTGAGE sold my HELOC to none other than ...
Wells BANK, NA! How brilliant is that ! Also received a charge off letter and was told I’d still be on the hook for the debt if the home sold. Wow wow wow ... they are good. Great set up to easy to collect on the HELOC and that they did. cha-ching
Did Wells Fargo originate the loan initially? Did you get the loan from a broker, or did you physically get it from a branch/online?
 

just_me

LoanSafe Member
Sep 14, 2015
498
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By default judgment, do you mean, pursuing a foreclosure case and hoping the borrower doesn't respond to the case, and they proceed to sale? Or... do you mean they are attempting to get a garnishment or judgment for the balance on these loans, and not pursue the sale of the home?


In your case... they should release the lien. They "settled" the account, and are not entitled to any more proceeds from a payoff or sale of the home. The account has a zero balance. They no longer have standing or a valid claim. They have no right to anything. - I would contact them directly, and offer to pay the fees related to a lien release. And I would make it clear that the account has been settled.
Default judgement as in parties not responding to legal complaint- "unknown spouse" and a contractor whose judgement lien was released in BK in 2014. (There is no spouse and contractor can't take action or it would be BK violation.) All of this muddies my name with multiple bogus legal filings with no real claim or cause of action. Very harrassing. Someone else told me they may try to use the unknown spouse thing as a means to foreclosure and bypass actual party in interest (aka me the owner).

Anyway, I believe More Trouble is correct. The 2nd mortgage accepted settlement funds under false pretense as it was contingent on releasing lien. They did not.
"Because they had no right to release, they did not own the lien. "

Right now, this is the least of my troubles. It was just noticeable that Lender recently admitted no claim on the second but without reason.