Bagels at a Bar Mitzvah

moretrouble

LoanSafe Member
Nov 14, 2009
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Went to county recording office this morning to check if anything new recorded. Apparently, BOfA had all the fraudulent assignment of DOT, Assignment of Succ. trustee, NOD, Rescissions of NODs removed. Banks can change public records easily. Just buy off some county clerks. Went ahead and recorded fraudulent documents to steal, if it did not work, just go back and remove the evidence.
 
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isisis

LoanSafe Member
Jun 22, 2010
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More Trouble,

I've read the appeal and it's masterfully written. You sure you didn't go to law school? You, Wanda and Krafty constantly amaze me, I feel like a school girl by comparison. Watch out Judge Marilyn.

Read your investors report too though I'm still trying to make sense of it as well as many trust terms. I can see you went from $229k to $158k. Presumably the debt they're claiming due - a payoff figure not a reinstatement - would be $229k + the total of missed payments + escrow + foreclosure charges and costs. $445k - $229k = $216k. How does $216k match up to total missed payments + etc?
 

moretrouble

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Nov 14, 2009
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Thanks, Isisis,
The judge retired already. 2 lawyers either fired or quit. I learnt it by copying published opinions and briefs with my facts , especially response briefs from the mills. All free of charge, just takes time. Pretty close for the missed payments.
 

moretrouble

LoanSafe Member
Nov 14, 2009
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More Trouble,

I've read the appeal and it's masterfully written. You sure you didn't go to law school? You, Wanda and Krafty constantly amaze me, I feel like a school girl by comparison. Watch out Judge Marilyn.

Read your investors report too though I'm still trying to make sense of it as well as many trust terms. I can see you went from $229k to $158k. Presumably the debt they're claiming due - a payoff figure not a reinstatement - would be $229k + the total of missed payments + escrow + foreclosure charges and costs. $445k - $229k = $216k. How does $216k match up to total missed payments + etc?
The $219K was the balance reported to the trust in4/2015. After that Ocwen stopped reporting to Bloomberg in loan level detail. I assumed NRZ bought the whole remaining classes. The difference between what they claimed I owed (approx $400K give or take) and the $219 is profit to Ocwen assuming they could foreclose.
The main idea is BNYM is not sueing me. It’s master servicer colluding with the servicer trying to steal to realise the profit by committing fraud on the court.
My next move is to sue the servicer, master servicer, and the trustee in the Federal court for fraud and demand discovery. You can do the same. They have a lot more than your house to lose. Ocwen could go bankrupt if any investor decide to sue. Your trust report should tell you who the master servicer is, probably Ocwen taking over for RFC.
 

isisis

LoanSafe Member
Jun 22, 2010
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Oops, no that's not correct. The pay off amount would include missed payment + the amount of the principal balance paid down by those payments.

Something to consider. This is essentially a breach of contract. If the contract had been lawful and everything had gone as it should have at this point in time you would have made the intervening payments. If you hadn't and you didn't have an excuse for non performance they would be entitled to be placed in the position they would have been in if you had performed, in other words they would be owed the payments in arrears under those circumstances.

If you acknowledge the existence of default you are in essence saying that you owe money you didn't pay. That puts you in an unfavorable position.

We all agreed to the terms of a contract by which we're obligated to make monthly payments. If you acknowledge payments weren't made you need to show that despite that the condition precedent to allow them the right to foreclose wasn't triggered. In other words you did not default on your legal obligation because some action or the lack of some action on their part prevented the condition precedent from occurring.

In California it reads like this:

Before any party to an obligation can require another party to perform any act under it, he must fulfill all conditions precedent thereto imposed upon himself. C.C. § 1439.

If you are alleging that they are not a party to the contract then they are unable fulfill the conditions precedent or require you to perform. Consequently, you are not in default. Non payment and default are not synonymous. Unless it's spelled out in your loan papers that the word default means not making payments then the normal use of the word applies. The legal definition of default is the failure to perform an obligation under a contract.
 

moretrouble

LoanSafe Member
Nov 14, 2009
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I think my strategy is better, sueing them on fraud/fraud on the court. If you look at my ER-153, paragraph 98. After this, BOfA and their attorneys went in a removed all the fraudulent assignments of DOT, NODs, Recissions, appointments of successors trustee, etc. From county records. You can’t commit fraud to steal.
 

wanda robo

LoanSafe Member
Sep 29, 2012
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So I emailed a few dear friends on bagels last night. I was feeling down and couldn't find some things on my phone that are important to me. When I got a new phone my treasures were lost, but I knew I'd shared them with my friends on bagels. I have to say it was a wonderful shot in the arm I needed. My friend emailed me with things that made my heart swell. I thought I should share. I wanted to remember my most beloved dog I've lost to God, but just got tired of the pictures I have.She reminded me of some of the ones I can't find. I wanted to remember my gardens, but just didn't have the pictures, as I wanted to remember them. She rescued me here as well. I thought I'd share. I wanted pics of Jack & here is what she sent. I wanted pics of my roses, but she reminded me I also grew a hummingbird garden. (You can't catch hummingbirds unless you are extremely skilled).


haven't said it a million times, but I love you all a million times over.
 

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wanda robo

LoanSafe Member
Sep 29, 2012
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I'm sure some of you have seen "And Justice For All". Doesn't really feel like that when you deal with reality, though, does it? Can someone please explain to me what happened to justice.? What happened to the Judicial System?What happened to a fair and just system? You know the right to the courtroom doors....

Is this why this country is in such turmoil? Justice took a break & left us to deal with it?

If that's the case, then God give us all strength.
 
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just_me

LoanSafe Member
Sep 14, 2015
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The duplicitious books and sep accounts is so servicer's can prop themselves up committing fraud while the loans are written down. I mean, really, who's gonna tell? There's so many sets of books they can rotate-in what they need for just about any purpose.
 

Elle

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Aug 16, 2016
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I'm sure some of you have seen "And Justice For All". Doesn't really feel like that when you deal with reality, though, does it? Can someone please explain to me what happened to justice.? What happened to the Judicial System?What happened to a fair and just system? You know the right to the courtroom doors....

Is this why this country is in such turmoil? Justice took a break & left us to deal with it?

If that's the case, then God give us all strength.
“When injustice becomes law, resistance becomes duty.”
― Thomas Jefferson
 

isisis

LoanSafe Member
Jun 22, 2010
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More Trouble,

Still enjoying and digesting your remarkably thorough defense. Plaintiff's attorneys must have been blown away at a pro se taking them on so competently with such an understanding of the underlying complexities of securitization.

Nothing in federal REMIC regulations addresses investor reporting (except briefly) or specifically explains how defaulted loans are to be treated on an immediate accounting basis. That is to say nothing that I know of with my extremely limited understanding of accounting. I'm wondering if there is some legitimate basis (excuse) for continuing to report a defaulted loan as current since the servicers advances cover P&I. As it appears to be common place we're unlikely to be the first to question it. Something that has occurred to me though is the taxes filed on the REMIC would need to reflect the investor info. Wouldn't these guys have some way to cover their hind ends?

According to a CWABS PSA and the IRC there are various accounts created at start up,. Could RANP be an account rather than a trust? Or a trust but not a securitized trust but an investment trust?

I'm going to need to get back on the BNYM investor reporting site and tool around on various trusts to see how they usually report defaulted loans to get a better understanding of all this.

BTW, I found many of the asides and comments in your arguments to be highly amusing. Humour at times is an incisive tool.
 

moretrouble

LoanSafe Member
Nov 14, 2009
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Thanks for the complement, Isisis,
I’ll drive to the Court of Appeals Tuesday and hand deliver the brief. ER 153 , paragraph 98. After this, they went in and removed all the fraudulent recordings from the county recording office, including ones from HSBC. So now only Ameriquest can non-judicially foreclose on me. I have a few laughs when I read my brief too. The opposing attorney objected to my “chuckling” at my last hearing. But I could not help it. “. The crooks got caught stealing and the judge trying to bail them out and I knew exactly what was going on but they were still trying to pretend. Will find out if the Court of Appeals is different. That’s is my duty. Does not matter win or lose.
BOfA accidentally sent me the Countrywide psa. I’ll look next week and see what I can find that you can use.

RANP could be just a list of defaulted loans.
 

moretrouble

LoanSafe Member
Nov 14, 2009
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I have a business degree. Most of the attorneys do not understand securitisation and do not read financial news. They always started their brief as:

“. This is a judicial foreclosure from the trustee of XXXX-200x-XXX”.
They started in a hole, trying to climb up.”

most people don’t understand they crony capitalism that we have. Everybody benefits excepts the taxpayers, common people. Fed bails out the economy but only gives tickets to the big investors. Most don’t understand.
 

Annie Mac

LoanSafe Member
Aug 19, 2011
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Oregon
Indeed, I second the statement by Isisis; we are fortunate to have someone like Moretrouble in our midst. The ability to grasp what is not visible, what is not said, but entirely missing and camouflauged completely underneath layers of lies and goop seems easy to Moretrouble. I wish you well in this next phase...I hope they are shaking in their boots and peeing in their pants!
 

isisis

LoanSafe Member
Jun 22, 2010
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Kind of curious when you think about it that Judge Marilyn chose this particular point in her career to retire. She'd served as judge for 16 years but she's not retirement age. Could be any number of reasons like maybe she had a windfall of some sort......
 

isisis

LoanSafe Member
Jun 22, 2010
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Here's a case where the bank got their lunch handed to them, for a change. Awarded $880,000 including punitive damages! The bank of course appealed but to no avail.This law firm sounds promising for consumers with cases across the country.


In this case Nationwide screwed over a homeowner with the ever popular technique of accounting errors leading to an alleged default. It differs from others only in that the bank claimed it was excusable error due to mistakes made in good faith. Most servicers fall back on the more utilitarian explanation, "Of course we screwed them over, we're entitled to because we're banks and they signed a contract providing us with an incentive and the means of screwing consumers over", or at least that's the subtext.
 

moretrouble

LoanSafe Member
Nov 14, 2009
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Kind of curious when you think about it that Judge Marilyn chose this particular point in her career to retire. She'd served as judge for 16 years but she's not retirement age. Could be any number of reasons like maybe she had a windfall of some sort......
I had a fourth question presented on appeal but decided to keep my brief short and only included 3, and saved it for future use like a petition to the state Supreme Court if needed. My 4th one was:
"Why would a trial court judge be willing to risk the reputation of its own court without any benefit to the courts and the state by allowing the bank to use its court as a collection agency to steal from its own constituents?" Unless......
Anyway, filed my brief this morning, time to take about 3 months break.
 

TXWilly

LoanSafe Member
Mar 21, 2013
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I'm sure some of you have seen "And Justice For All". Doesn't really feel like that when you deal with reality, though, does it? Can someone please explain to me what happened to justice.? What happened to the Judicial System?What happened to a fair and just system? You know the right to the courtroom doors....

Is this why this country is in such turmoil? Justice took a break & left us to deal with it?

If that's the case, then God give us all strength.
132
 

wanda robo

LoanSafe Member
Sep 29, 2012
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622
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Has anyone ever filed a patent? I'd like to file a patent on a shoo in sleep aid. "Adam Schiff on the Senate Floor". "if it doesn't work back it up with a Jerry Nadler". What a slogan.

Dear Lord, give me strength. It reminds me of an old song"American Pie". The three men I admire the most...….just caught the last plane for the coast. The day the music died.

They're all stealing & pissed off when one side gets to steal more than the other. Meanwhile we study, argue and suffer, and have our wealth & children's' future stolen.