Bagels at a Bar Mitzvah

wanda robo

LoanSafe Member
Sep 29, 2012
3,941
634
113
NJ
Why would Kendra Cook (formerly of Caliber) assign the same Mortgage twice in one day? Why would her signature be totally different on the same day?

Potential argument:
She came in "bright eyed & bushy tailed at 9AM & managed to form a letter K" by 4PM on the same day, after executing 2-3 thousand documents, she could no longer form a letter K.LMAO
 

Attachments

Elle

LoanSafe Member
Aug 16, 2016
122
23
18
63
Don't know why they both didn't attach.
This one is for JAVA: See attached. Sept. 26th 2007- Robo-signer Schmitt was a VP on 8-K SEC docs at least by that date. Was your Note dated after that date with the Schmitt robo-stamp appearing as ASST. VP? I know she was a VP in late 2006, but hard to prove withou a costly deposition. However, this is a Notary saying she was VP. In any event, we know our notes are robo-signed. Do the courts care?
 

Attachments

Javagold

LoanSafe Member
Mar 2, 2012
187
18
18
My Blank Endorsement Note Stamped Above the signature by Schmitt was AFTER September 2007.

But no the courts do not care. As I bought it up as a defense in my objection to MSJ.

Nothing seems to matter.
1. I have monthly statements from 2 Servicers with completely different balances owed for each month. Courts say I should have just paid them.
2. I have a NOI letter with a different figure than the past due amount on statement of same date as the NOI letter.
3. I have a debt validation letter from attorneys stating the Servicer SLS is the CREDITOR. Even though I have 10 years of letter from BOA always saying Freddie is the creditor.

the only thing that seems to matter is a complaint to the CFPB against the debt collector attorneys.For some reason that meaningless complaint seems to have really rattled them. And now they won’t stop emailing to ask what they can do to help.
Go figure !!!!!
 
  • Like
Reactions: isisis

Elle

LoanSafe Member
Aug 16, 2016
122
23
18
63
My Blank Endorsement Note Stamped Above the signature by Schmitt was AFTER September 2007.

But no the courts do not care. As I bought it up as a defense in my objection to MSJ.

Nothing seems to matter.
1. I have monthly statements from 2 Servicers with completely different balances owed for each month. Courts say I should have just paid them.
2. I have a NOI letter with a different figure than the past due amount on statement of same date as the NOI letter.
3. I have a debt validation letter from attorneys stating the Servicer SLS is the CREDITOR. Even though I have 10 years of letter from BOA always saying Freddie is the creditor.

the only thing that seems to matter is a complaint to the CFPB against the debt collector attorneys.For some reason that meaningless complaint seems to have really rattled them. And now they won’t stop emailing to ask what they can do to help.
Go figure !!!!!
Yes. What can they do to help? Where were they before you cornered them? Where were they when you (we) tried to modify or even make a full payment, but were rejected? Shine the light on their rat hole. They know you got them. They want you to make a payment to validate the alleged debt. Do not and I repeat do not make a payment. In just my humble opinion, of course.
 

FedUp02

LoanSafe Member
Apr 26, 2009
997
110
43
Wanda,
Please don't stop your rants. I agree with all of them and would miss them if you did. Keep up the good work!
Regards,
FedUp02
 
  • Like
Reactions: OneHugeMess

just_me

LoanSafe Member
Sep 14, 2015
637
61
28
Smith v. Garcia case, fraud on the court. Opinion and followed up sanction order. According to this case, you can file a suit in Federal court to stop judgement or order in state court if it was obtained by fraud on the court.
This is an interesting case in that if this was *a bank* using (or benefiting from) counsel's filing of a "frivolous lawsuit" the outcome would certainly be different. The guy in this original defamation lawsuit (trying to remove negative online reviews) made an admission that he did not file this suit and simply affirmed the evidence where his signature (aka endorsement) was missing. Poor thing made statements without representation. Pro se mistake. He did a good job of unwittingly outing his own lawsuit mill.
 

wanda robo

LoanSafe Member
Sep 29, 2012
3,941
634
113
NJ
So apparently Stopa has written a book & has a new website since his disbarment. People v Money. I have to take hubby for a colonoscopy tomorrow so I'm going to download it & read it in the waiting room tomorrow. I'll let you guys know whether it's worth reading or if it's full of it (pun intended).

I so hope everyone has a relaxing and Blessed Thanksgiving
:)
 
  • Like
Reactions: kraftykrab

Javagold

LoanSafe Member
Mar 2, 2012
187
18
18
So apparently Stopa has written a book & has a new website since his disbarment. People v Money. I have to take hubby for a colonoscopy tomorrow so I'm going to download it & read it in the waiting room tomorrow. I'll let you guys know whether it's worth reading or if it's full of it (pun intended).

I so hope everyone has a relaxing and Blessed Thanksgiving
:)
He has been all over FB the past 2 weeks. Let us know what you think. I’ve heard more good things than bad things about him. But you never know.

Happy Thanksgiving !!!
 

wanda robo

LoanSafe Member
Sep 29, 2012
3,941
634
113
NJ
He has been all over FB the past 2 weeks. Let us know what you think. I’ve heard more good things than bad things about him. But you never know.

Happy Thanksgiving !!!
I've followed him all these years and he taught me so much. I'm only half way through his book, but it's powerful. He gets to say what he never could when he was defending foreclosures(and defend people, he did). After all he has nothing to lose, they took it all from him because he was on the homeowner's side. He has some great info, but I'm not sure, just yet, whether you can dig this up because we're in Jersey. The Judges he went up against had a tremendous stake in ruling in favor of the bank because they invested in these banks. Florida Judges have to fully disclose their finances......it's possible ( even probable) that NJ Judges don't have this requirement to disclose, but I just started this journey, my friend.
 

wanda robo

LoanSafe Member
Sep 29, 2012
3,941
634
113
NJ
krafty, I thought you'd get a kick out of this. I'm reading Mark Stopa's book & he calls attention to your favorite scene in A Few Good Men, LOL.
 
  • Like
Reactions: kraftykrab

isisis

LoanSafe Member
Jun 22, 2010
1,793
248
63
North bay
In the tentative ruling before the settlement last year the judge found that my current servicer had done nothing wrong - pure as driven snow - but that If my allegations were true then foreclosure proceedings were wrongful and although the former servicer was at fault and should have cured, nonetheless the current servicer would have no right to foreclose even if itself guilty of no wrongdoing.

Since the current servicer is now trying to foreclose I'm wondering how that ruling might affect things. It seems like they should be unable to foreclose without having cured their "default". But at the same time while my allegations may have been legally sufficient they were still just allegations. I would think that if they can't successfully rebut my allegations that it ups the ante because they preceded with scheduling a sale knowing that their actions were wrongful.

Thoughts anyone?
 

moretrouble

LoanSafe Member
Nov 14, 2009
1,485
258
83
I don't know about California but in Oregon it's plain and simple : is the foreclosing entity a note holder or an authorized agent of the note holder? That's all matter. If your allegations were true than you have to prove it and have the proofs admitted as evidence.
 

kraftykrab

LoanSafe Member
Jan 27, 2014
1,232
162
63
In the tentative ruling before the settlement last year the judge found that my current servicer had done nothing wrong - pure as driven snow - but that If my allegations were true then foreclosure proceedings were wrongful and although the former servicer was at fault and should have cured, nonetheless the current servicer would have no right to foreclose even if itself guilty of no wrongdoing.

Since the current servicer is now trying to foreclose I'm wondering how that ruling might affect things. It seems like they should be unable to foreclose without having cured their "default". But at the same time while my allegations may have been legally sufficient they were still just allegations. I would think that if they can't successfully rebut my allegations that it ups the ante because they preceded with scheduling a sale knowing that their actions were wrongful.

Thoughts anyone?
I think the issue you might run into is that it was a tentative ruling, not a final one. Also, there's the part where it says IF your allegations were true. I'm betting that you can show that they are, but that would be the key. The court stated clearly that if your claims are true, then none of these parties has the ability to lawfully foreclose on your home. That said, I would hammer away at this with everything you've got, because the court just gave you a lighted path to win. IF your claims are correct, then the foreclosure is wrongful.....so, show them that your claims are correct, and then the conclusion is inescapable, even by the court's own words.

Another big thing is that the court went even further, to say that the current servicer would likewise have no right to foreclose. Hammer home the points that prove your allegations. Then, ask the court to stand by its own words.
 

isisis

LoanSafe Member
Jun 22, 2010
1,793
248
63
North bay
Krafty, thanks. I know that "if" is the operable word and I still have the burden of proof but the judge's ruling, while only tentative, seems to have drawn a line in the sand. What I'm looking for here is volition, intent because, well they have no duty of care. Servicers can negligently foreclose but willful and conscious wrongdoing is still frowned upon.

By moving forward without a cure the servicer is (apparently) trying to say that they have can disprove my allegations. That's very unlikely, what happened is a matter of Court record and mostly documented evidence. The portion that's not involves conversations with bank reps. If those conversations were recorded it would back me up so they won't be producing any recordings.

More Trouble,

Unfortunately in California they don't need no stinking badges, no proof of ownership whatsoever is required. Go figure.The only way to effectively preempt a non judicial foreclosure is to show that they're buttheads - in a roundabout way of course. There's something in this state called a wrongful foreclosure, it's an action in tort that allows punitive damages and requires showing:

That defendant caused an “illegal, fraudulent, or willfully oppressive sale of real property” pursuant to a power of sale in a mortgage or deed of trust and that you were prejudiced as a result.

Fraud is something that involves deception but in seeking to foreclose the servicer is not deceiving me. They know they're acting unlawfully and they know that I know they're acting unlawfully.

Foreclosing without the legal right to do so is overt and purposeful. It should qualify as oppression which is conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person's rights. We'll see.
 

wanda robo

LoanSafe Member
Sep 29, 2012
3,941
634
113
NJ
Krafty, thanks. I know that "if" is the operable word and I still have the burden of proof but the judge's ruling, while only tentative, seems to have drawn a line in the sand. What I'm looking for here is volition, intent because, well they have no duty of care. Servicers can negligently foreclose but willful and conscious wrongdoing is still frowned upon.

By moving forward without a cure the servicer is (apparently) trying to say that they have can disprove my allegations. That's very unlikely, what happened is a matter of Court record and mostly documented evidence. The portion that's not involves conversations with bank reps. If those conversations were recorded it would back me up so they won't be producing any recordings.

More Trouble,

Unfortunately in California they don't need no stinking badges, no proof of ownership whatsoever is required. Go figure.The only way to effectively preempt a non judicial foreclosure is to show that they're buttheads - in a roundabout way of course. There's something in this state called a wrongful foreclosure, it's an action in tort that allows punitive damages and requires showing:

That defendant caused an “illegal, fraudulent, or willfully oppressive sale of real property” pursuant to a power of sale in a mortgage or deed of trust and that you were prejudiced as a result.

Fraud is something that involves deception but in seeking to foreclose the servicer is not deceiving me. They know they're acting unlawfully and they know that I know they're acting unlawfully.

Foreclosing without the legal right to do so is overt and purposeful. It should qualify as oppression which is conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person's rights. We'll see.

You know how much I Love You, but I'm not sure how much I've publicly told you how grateful I am (as well as others obviously) for this thread. Ms isisis, I give you a special kiss
this holiday. Do you realize how many people you have brought together? Good People. People who care. People who love.
People who seek the truth. People who aren't afraid to fight. People who aren't afraid to ask for help(and sometimes they don't ask for help for them, but they ask for help for a friend or relative).

I am so very sad that you appear to be the last "non judicial" man standing", but never let it take away from all of the good you have done.

We ARE there my friend. We've all done what we set out to do, we just don't know it yet. It was not meant to be a pleasant journey, for any of us, but in retrospect, someday, we will all look at it this way.