Bagels at a Bar Mitzvah

isisis

LoanSafe Member
Jun 22, 2010
1,743
235
63
North bay
That's good to hear, Wanda. As you know at times I've doubted whether I should have encouraged so many to fight such an uphill battle. It's true though for some reason the people who've ended up here have been the best and the brightest; sharp and with all the uncommon virtues like bravery, the willingness to fight against the odds for what's right and help others along the way. We're a little Oasis in the alienating no man's land of foreclosure.
 

Elle

LoanSafe Member
Aug 16, 2016
121
23
18
62
Just in from Hawaii Supreme Court:

Hancock v. Kulana Partners
Hawaii Supreme Court (11/13/19)
FRAUD / FORGERY: In answer to questions referred by the United States District Court, the court held:

1. A deed is void ab initio for fraud, such that a claim challenging the validity of the deed is not subject to a statute of limitations, when (1) a deed is forged; or (2) a deed has been procured by fraud in the factum.
2. The six-year catch-all statute of limitations under HRS Section 657-1(4) applies to a claim that a deed was procured by fraud of the type that does not render it void ab initio, e.g., fraud in the inducement and constructive fraud.
3. A grantor's claim for fraudulent modification of an executed deed accrues when the plaintiff grantor discovers, or reasonably should have discovered, the existence of the claim or the identity of the person who is liable for the claim. The court noted that the recording of a deed executed by the owner of a property does not impart constructive notice to the grantor of the fact that there had been fraudulently included in the deed a description of property other than that which the grantor had intended to convey so as to start the running of the statute of limitations. The recording of a deed is notice, not, as it is sometimes inaccurately said to the whole world, but merely to those who are bound to search the record.
 

Annie Mac

LoanSafe Member
Aug 19, 2011
579
72
28
Oregon
Elle, the timing of you submitting this is a miracle. a gift. Incredible timing. We never know what brief, what detail is going to help the next person. Thank you for taking the time to post this. It is the perfect ruling at the perfect time. Thank you.
 
  • Like
Reactions: Elle

moretrouble

LoanSafe Member
Nov 14, 2009
1,429
240
63
Rereading my order denying my motions in preparing for my brief. Definitely, the judge was in bed with BOfA. I specifically stated I wanted a relief due to fraud, section (c). She denied my motion based on section (b) which is lack of due diligence., totally ignore the part fraud on BOfA and its attorneys, just found out. Very clever.
 

Elle

LoanSafe Member
Aug 16, 2016
121
23
18
62
Elle, the timing of you submitting this is a miracle. a gift. Incredible timing. We never know what brief, what detail is going to help the next person. Thank you for taking the time to post this. It is the perfect ruling at the perfect time. Thank you.
Glad to hear that. Made my day, too for sure!!
 

Elle

LoanSafe Member
Aug 16, 2016
121
23
18
62

CAbooboo

LoanSafe Member
Jan 22, 2017
66
9
8
Oh my gosh CAbooboo, I agree with the great novel comparison and my situation is kind of similar to yours, except that my foreclosure was 10 years ago and we are living in a different place now. After living in the same hell as many here have and many currently are, we were able to buy the place we are in now. All credit goes to Loan Safe. I don't know how we would have done it without them, not to mention the all of the members here who are like friends to me. But, I thought it might be a bit absurd that with my situation having been resolved, continuing to come back in and commenting, etc. might be silly and pointless and I should just stop and move on. This site is even more than that. Great people too. Okay, I am done babbling about myself. Thanks.
Hi Fedup02
Wasn’t sure how to contact u about a situation in North Carolina. Was unable to email via loansafe so asked Wanda to forward but she wasn’t able. She did however, kindly review n advised she’s not familiar w/ this type of matter - a rent to own lease. Not sure if you’ve any expertise, suggestions etc, but thought I’d throw it out there just in case.

To summarize
A dear friend who resides in California was sued over a rental home owned by she and her (now deceased) mom. The property’s located in Traphill, NC (Wilkes County). She hired a local attorney who seems worthless. He informed her that small towns don’t like out-of-state property owners like herself. Anyway ... The plaintiff (a William Paul Billings) clearly broke the contract - even admits it in his $80K lawsuit - however he seems on tract to get her NC home n then some. He’s bullying and threatening he’ll go after her assets in CA. She’s so worn out, scared and broke.

Feel so horrible and get so enraged at the injustice. Noticed your post about living in NC months ago n wanted to contact you, but life got in the way! May be too late for her to do anything, but it’s worth a shot. Thanks for taking the time to read.

Hope you had a wonderful Thanksgiving and have a beautiful Christmas!
Take care
CABooBoo
 

wanda robo

LoanSafe Member
Sep 29, 2012
3,914
622
113
NJ
Has anyone heard of this government database? CAIVRS, pronounced Kayvers.
Maybe a way to find out if your "loan" was financed or paid off by a government agency? Maybe more to do with FHA or VA loans? Not Fannie or Freddie? Maybe only mortgage reps have access to this database?
Any info would be helpful. Thanks and Happy Holidays to everyone!

It's a database of people who are delinquent on their debts to the govt (Federal student loans, income taxes, etc.). If a person applies for an FHA mortgage, the loan originator is supposed to check to make sure the applicant is not delinquent on a Federal debt, which would theoretically make them ineligible for FHA insurance, but a recent HUD IG report says it's database is unreliable & OOPS HUD insured billions of dollars worth of loans that didn't qualify....
 
  • Like
Reactions: Elle

OneHugeMess

LoanSafe Member
May 30, 2016
548
44
28
Has anyone heard of this government database? CAIVRS, pronounced Kayvers.
Maybe a way to find out if your "loan" was financed or paid off by a government agency? Maybe more to do with FHA or VA loans? Not Fannie or Freddie? Maybe only mortgage reps have access to this database?
Any info would be helpful. Thanks and Happy Holidays to everyone!
Fannie Mae & Freddie loans are not part of the database. Neither are many of the HELOCs, and the craptastic mortgage's made by the banks in the early '00s during the bubble. Just FHA, VA, some state insured bond mortgages. As well as other federal loans, like Wanda mentioned.

As we will all eventually hear in the news, fraud is extremely rampant at many of the non-bank lenders, who are processing and underwriting these FHA loans. There are people who seriously do not qualify in any shape or way, who are getting into houses and defaulting well within the first few months of moving in. Right now though, we are in a great economic situation, and defaults are relatively low for the moment -- I'm curious to see how it plays out myself.
 
  • Like
Reactions: Elle

OneHugeMess

LoanSafe Member
May 30, 2016
548
44
28
To summarize
A dear friend who resides in California was sued over a rental home owned by she and her (now deceased) mom. The property’s located in Traphill, NC (Wilkes County). She hired a local attorney who seems worthless. He informed her that small towns don’t like out-of-state property owners like herself. Anyway ... The plaintiff (a William Paul Billings) clearly broke the contract - even admits it in his $80K lawsuit - however he seems on tract to get her NC home n then some. He’s bullying and threatening he’ll go after her assets in CA. She’s so worn out, scared and broke.
@CAbooboo, if she is broke, depending on the situation, she may come out way ahead just filing for Bankruptcy. Obviously, things can be complicated, but... if she googles several of the bankruptcy offices in her area, I would bet that one will give her a free one or two-hour consultation. I think her current home is probably protected by the homestead rule in California, and her retirement accounts should generally be safe.

There is also this company, which helps people file Chapter 7 for free. https://upsolve.org/
 

isisis

LoanSafe Member
Jun 22, 2010
1,743
235
63
North bay
Speaking of how cool Bagels people can be, thanks to OHM we now know that CWABS 2006 SD2 is alive and kicking and committing tax fraud with its customary aplomb. OHM was kind enough to traverse Bloomberg terminal to find my little scratch and dent REMIC and even my own loan within it.

The information found is interesting in its seeming inaccuracy. Rather than having gone into default in 2010 it says my loan was modified at that time. Rather than being nine years behind it says 14 months and the current principal balance is over $50,000 less what my bank says it is. This raises various questions such as servicer advances and/or credit enhancements having paid down the principal. Maybe when my loan was assigned to the trust in 2010 when I was in "default" servicer advances or insurance made payments for a period of time?

Or it may be due to the credit enhancement I found by accident. Over the course of one day investors (or someone acting on their behalf deposited into my account numerous monthly payments totaling around $60,000. The same day all of the deposits were debited. Since the date corresponded roughly with CWABS start up date I've concluded it was a credit enhancement intended to bring my loan current. I was half way through a five year Chapter 13 plan and I surmise those funds were intended to make my loan appear very briefly to be a "qualifying mortgage loan" for the purposes of the IRC. Perhaps from the investors point of view the funds were never debited.

According to the SEC CWABS 2006 SD2 started out with a loan pool of 2086 and Bloomberg now shows it's down to around 130 loans which at 6.5% is well below a cleanup call. I suspect the confusion might be that there are a couple of CWABS 2006 SD2. IRS Pub 138 indicates that's the case.

The final question of course is what impact if any might this have on my case, i.e. ,could it provide any leverage?

Isn't there something in the UCC about payments being made by a third party still apply to the loan?

Anyway, a major hats off to OHM! Thank you, my friend
 

kraftykrab

LoanSafe Member
Jan 27, 2014
1,180
153
63
Speaking of how cool Bagels people can be, thanks to OHM we now know that CWABS 2006 SD2 is alive and kicking and committing tax fraud with its customary aplomb. OHM was kind enough to traverse Bloomberg terminal to find my little scratch and dent REMIC and even my own loan within it.

The information found is interesting in its seeming inaccuracy. Rather than having gone into default in 2010 it says my loan was modified at that time. Rather than being nine years behind it says 14 months and the current principal balance is over $50,000 less what my bank says it is. This raises various questions such as servicer advances and/or credit enhancements having paid down the principal. Maybe when my loan was assigned to the trust in 2010 when I was in "default" servicer advances or insurance made payments for a period of time?

Or it may be due to the credit enhancement I found by accident. Over the course of one day investors (or someone acting on their behalf deposited into my account numerous monthly payments totaling around $60,000. The same day all of the deposits were debited. Since the date corresponded roughly with CWABS start up date I've concluded it was a credit enhancement intended to bring my loan current. I was half way through a five year Chapter 13 plan and I surmise those funds were intended to make my loan appear very briefly to be a "qualifying mortgage loan" for the purposes of the IRC. Perhaps from the investors point of view the funds were never debited.

According to the SEC CWABS 2006 SD2 started out with a loan pool of 2086 and Bloomberg now shows it's down to around 130 loans which at 6.5% is well below a cleanup call. I suspect the confusion might be that there are a couple of CWABS 2006 SD2. IRS Pub 138 indicates that's the case.

The final question of course is what impact if any might this have on my case, i.e. ,could it provide any leverage?

Isn't there something in the UCC about payments being made by a third party still apply to the loan?

Anyway, a major hats off to OHM! Thank you, my friend
I'd love to know if mine shows up in Bloomberg anywhere....even paid an inspector to find out and his written report completely contradicted his spoken answer over the phone, so in the end I had no real answers.....
 

FedUp02

LoanSafe Member
Apr 26, 2009
994
107
43
Hi Fedup02
Wasn’t sure how to contact u about a situation in North Carolina. Was unable to email via loansafe so asked Wanda to forward but she wasn’t able. She did however, kindly review n advised she’s not familiar w/ this type of matter - a rent to own lease. Not sure if you’ve any expertise, suggestions etc, but thought I’d throw it out there just in case.

To summarize
A dear friend who resides in California was sued over a rental home owned by she and her (now deceased) mom. The property’s located in Traphill, NC (Wilkes County). She hired a local attorney who seems worthless. He informed her that small towns don’t like out-of-state property owners like herself. Anyway ... The plaintiff (a William Paul Billings) clearly broke the contract - even admits it in his $80K lawsuit - however he seems on tract to get her NC home n then some. He’s bullying and threatening he’ll go after her assets in CA. She’s so worn out, scared and broke.

Feel so horrible and get so enraged at the injustice. Noticed your post about living in NC months ago n wanted to contact you, but life got in the way! May be too late for her to do anything, but it’s worth a shot. Thanks for taking the time to read.

Hope you had a wonderful Thanksgiving and have a beautiful Christmas!
Take care
CABooBoo
Hey CAbooboo,
Sorry for the delayed response. I just came in today finally, and saw your post.
Regarding your friend's situation, no, I don't have much expertise in this, however, my husband suggested that she might try contacting the state Attorney General and maybe get the information she needs? My gosh, what a terrible situation. My heart goes out to her. What a piece of s#it William Paul Billings is.

I wish her the best of luck. Please keep me posted.

Thank you. I hope you had a great Thanksgiving and a perfect Christmas as well.
Best Regards,
FedUp02
 

OneHugeMess

LoanSafe Member
May 30, 2016
548
44
28
I'd love to know if mine shows up in Bloomberg anywhere....even paid an inspector to find out and his written report completely contradicted his spoken answer over the phone, so in the end I had no real answers.....
Remind me... wasn't your loan a Freddie Mac loan at one point? Maybe I can try to help.
 

kraftykrab

LoanSafe Member
Jan 27, 2014
1,180
153
63
Remind me... wasn't your loan a Freddie Mac loan at one point? Maybe I can try to help.
Mine was never fannie or freddie as far as I've been able to tell, but the problem is that there were multiple loan numbers for the same loan.

I paid a "forensic auditor" to check it out for me. He only checked one of the numbers, told me over the phone that he located it positively....then, after I paid him the other half of his fee, he sent me a report showing that the loan number in question was NOT located on Bloomberg at all. Talk about a big let-down....Since then, he has refused to respond to me.

Mine supposedly originated with HFC--which is now known as HSBC. The note had one number on it....that number changed within the first two weeks. Then, 5 months after origination, there was a second "note loan number" (different than what was on the original note but same exact format--different format than the "account number" that first showed up 2 weeks after origination). Since that time, it changed two more times at least, all while HSBC claimed it still held it and had never sold it.

The guy I hired only checked the "account number" that first showed up 2 weeks after origination. He did not check any of the loan numbers, just that one.
 

isisis

LoanSafe Member
Jun 22, 2010
1,743
235
63
North bay
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 !!!!!
It's interesting that your CFPB complaint got to them. My recent experience was similar. They responded directly almost at once and were put out that I filed a complaint but resumed negotiations although they continue to schedule sales. They were adamant that I remove the complaint before they would consider a new settlement. I finally had it removed and no new settlement has been forthcoming. Now I'm preparing a new complaint which will reference their insistence that I remove the previous one.

I just keep wondering why a CFPB complaint is now such a big deal to them. Has the CFPB cut some teeth all of a sudden? In the past in my experience and what I've heard from others filing a complaint was just a standard procedure; they'd respond but it didn't do any good, didn't seem to faze them. Is it possible some tireless agency bureaucratics are doing their job and making servicers at least appear to be following the law?

Another possibility might be the nature of the complaint. Fighting foreclosure has always been like playing Pin the Tail on the Donkey where you fumble around blind folded hoping to stick the pin in the appropriate place. What I mean by that is we don't really know where their weak points are. Which out of the myriad of laws they break with impunity can they actually (maybe) get in trouble for?

I'm also wondering if filing a complaint either with the CFPB or the FTC in which you recommend that they take action on a large scale against a servicer might get even a bigger rise out of them....

Was there any issue specifically that you raised that might have nicked their Achilles Heel?
 

kraftykrab

LoanSafe Member
Jan 27, 2014
1,180
153
63
It's interesting that your CFPB complaint got to them. My recent experience was similar. They responded directly almost at once and were put out that I filed a complaint but resumed negotiations although they continue to schedule sales. They were adamant that I remove the complaint before they would consider a new settlement. I finally had it removed and no new settlement has been forthcoming. Now I'm preparing a new complaint which will reference their insistence that I remove the previous one.

I just keep wondering why a CFPB complaint is now such a big deal to them. Has the CFPB cut some teeth all of a sudden? In the past in my experience and what I've heard from others filing a complaint was just a standard procedure; they'd respond but it didn't do any good, didn't seem to faze them. Is it possible some tireless agency bureaucratics are doing their job and making servicers at least appear to be following the law?

Another possibility might be the nature of the complaint. Fighting foreclosure has always been like playing Pin the Tail on the Donkey where you fumble around blind folded hoping to stick the pin in the appropriate place. What I mean by that is we don't really know where their weak points are. Which out of the myriad of laws they break with impunity can they actually (maybe) get in trouble for?

I'm also wondering if filing a complaint either with the CFPB or the FTC in which you recommend that they take action on a large scale against a servicer might get even a bigger rise out of them....

Was there any issue specifically that you raised that might have nicked their Achilles Heel?
I think that one difference is that this CFPB complaint was filed about the debt collector attorney and not just a debt collector. Attorneys are in a different situation than debt collectors--since they are bound by ethics regulations and laws in the performance of their jobs, I think they treat these things maybe a little differently if we go this route. I'm actually going to try it out over the next few days, I need to scan in some documents so I can attach them to my complaint. Since lawyers and law firms are governed differently, and there are some real penalties possible if attorneys are caught breaking the law, I think it may garner more urgency and attention. We'll find out.
 
  • Like
Reactions: isisis

Annie Mac

LoanSafe Member
Aug 19, 2011
579
72
28
Oregon
I filed numerous CFPB complaints over the years. Yes, I received acknowledgment of receipt and then they seemed to go into archives towards some unknown goal, which I was never notified of. However, the one which seemed to get immediate traction was when one of the foreclosure mills were robocalling me and I tracked it back to their corporate offices. That complaint stopped those robocalls, they ended up switching to a different legal team and have not assigned that robocalling one to me since then, although that legal team does do many foreclosures in the area. There may be something to the legal counsel guidelines that is different.

As far as turning up details of information; some of the best nuggets have come unexpectedly, not when one is searching databases, or hires an analysis done. Printing out one's paperwork, just reviewing the documents, transaction histories, reading it like one reads a fiction novel, allows one to see things one did not notice before. Sometimes the details are there staring us in the face. Look at the patterns. The change of an address, the odd code down in the corner of the page., the location posted; like why is this one signed in Louisiana? Their data systems are huge, the personnel are not tuned to fine details, so alot is printed out, lumped together, churned up, and passed to us unawares. My investor code was actually printed out on one of the early transaction histories and I didn't notice it until years later and many other transaction histories had been sent. Just play with the paperwork ; I guarantee stuff will start jumping out of it.