Bagels at a Bar Mitzvah

Javagold

LoanSafe Member
Mar 2, 2012
186
18
18
JAVA, you have never said anything about Rushmore, til now.
Rushmore, Roosevelt, Elkhorn, TGP Capital, Dakota Asset. You are now talking my talk. They took my home.These entities are all related. WARNING: you will go down a shit filled rabbit hole...


It's where loans go to die, my friend.

What do you want? Want to know what they filed with the SEC to show they invest in loans they can't legally foreclose on? Want to know how they decimated Puerto Rico by buying loans in default & filing foreclosures in Federal Court where you have to file in English & most Puerto Ricans don't even speak English, let alone understand court filings in English? Want to know how they are now scooping up homes where HUD insured HECM loans & the homeowners are dead so now they are scooping them up?

I've got it all, my friend.
Wanda Robo.
I just found out about SLS assignment of servicing to Rushmore yesterday. And it doesn’t even start until February 29 !!!!
I thought they were awfully quiet since November. And the “investor” FreddieMac apparently also sold loan to some Title Company, that no one apparently knows the name of, including Freddie !!!!
I didn’t want to bother you with every day BS but I will contact you and get your feedback on this latest shell game maneuver and what you think I will be fighting against next. But as of now I’m still fighting SLS and Freddie until I’m told otherwise. Fukkkk em ALL !!!
 

moretrouble

LoanSafe Member
Nov 14, 2009
1,474
254
83
It could be just SLS using Freddie to make it look more legitimate. My case BOfA colluding withOcwen using BNYM name to make it looks like the trust is suing me. Reality it’s not so. Discovery is the key. Once they know you are up to their trick and realise more trouble than the house is worth they go away. Most of the time, nobody owns anything, just collection rights being bought and sold. Loans abandoned by defunct originators, sponsors, Gmac...
 

moretrouble

LoanSafe Member
Nov 14, 2009
1,474
254
83

I will file a complaint with the Justice Department on BOfA colludding with Ocwen to defraud tax payers even after the Consent Order based on my discovery.
 

just_me

LoanSafe Member
Sep 14, 2015
637
61
28
I think changing servicers during litigation means sh*t and is part of shell maneuver. In the case of Ocwen to PHH the "sale" incorporates liabilities. I don't know if this is the same with Rushmore. But, since that has happened to me - and this transfer was during last year's MSJ - the foreclosure mill has since referred to the owner/servicer as "my client" in their emails.

My understanding about MSJ (of which mine has been elongated since robomill had a need to evade showing the note) is that an introduction of new evidence can become either cross-motion for MSJ on merits OR creation of doubt for which one can now go to trial. It does get complicated. If you think you have win, go for it. I would think that they are banking on supplying the court with *real* ownership after the sale has been completed and you are out of the picture. Some courts allow this. You can always resume discovery on the new information. Find out if liabilities were transfered to the new servicer.

There should be some searchable information out there. Find it. Download it. Then ask for it. Have an idea and some data. Is this evading liability and a debt collection manuever or just passing the buck. Some bullshit I ignore. (Never ask a question you don't know answer to - you can verify if they lie or not. Useful for discredit them in court too.)

All in all, I see changing servicers as a 6 month delay because the bank needs to run this through other attorneys (sorry but they aren't truly considering your mod), test arguments elsewhere, or wait & see if some other case gives a ruling that may help them. This is the DeutscheBag/HellsFargo way and they resell it. They don't care if your life is on hold. They want your house & will die trying. See how many of them no long around?
 

Annie Mac

LoanSafe Member
Aug 19, 2011
579
73
28
Oregon
Just_me, What you say has the ring of truth, except for one detail. I thought they were not going to die, but were doing everything possible to make sure we died, so then they could sweep in like vultures to grab the spoils.
 

wanda robo

LoanSafe Member
Sep 29, 2012
3,940
634
113
NJ
It's a sad day for wanda. Java has approximately 1 year in his home. Freddie sold him down the road to a vulture I know only too well.
I know the vultures moves, I know how they peck at your carcass.
The bright side, my friend Java, is I know life goes on. Prepare for what I have told you & you'll be okay. Please trust me & prepare to move on. Look at my docket if you need proof. Don't make the mistakes I made. Save your money & move on.
 

isisis

LoanSafe Member
Jun 22, 2010
1,789
248
63
North bay
She

Shellpoint was bought by New Residential.
My HELOC was recently transferred to Shellpoint also. Shellpoint was founded by a Wall St guy. New Res was founded by an ex- Bear Stern guy. Servicer is a legal name for debt collector. I am ready for them. If they come after me, I'll sue counterclaim with unfair debt-collection suit.

New Res is a tool of the billionaire investors like Wesly Eden to turn original investors' losses into his gain by buying collection rights (servicing rights) for all defaulted loans then forging documents to foreclose obtaining judgements by buying up judges.
The FDCPA is not a bad angle
There you go, Isisis. You are talking the language that the Court May listen.
The FDCPA can be tricky because as we've all found out there are no absolutes in the law. Everything is subject to semantic scrutiny and interpretation and then ruled on by judicial whim. Even so in some cases the FDCPA can have some teeth even if debt validation doesn't.

The operable definitions are those of "debt", "debt collector" and "debt collection". As foreclosure is enforcing a security interest it isn't technically considered debt collection probably because it's an action in equity. So notices of default and notices of sale aren't considered collection notices and generally the homeowner gets kicked to to the curb. But it can be done.

Here's a case similar to mine in many respects which settled for $250,000 in damages and was awarded $675,000 in attorney fees and court costs.

They were able to use the FDCPA as incorporated into state law for overbilling as "false, deceptive, or misleading representation or means in connection with the collection of any debt," found in Section 1692e of the federal FDCPA. See 15 U.S.C. § 1692e.

 

moretrouble

LoanSafe Member
Nov 14, 2009
1,474
254
83
Except in my monthly statements, BOfA admits it is a debt collector as deFined by laws. I do not have to prove.
 

wanda robo

LoanSafe Member
Sep 29, 2012
3,940
634
113
NJ
It's one year & the Supreme Court has harshly ruled on it. No equitable tolling or "discovery" rule, One year from the violation, period. Seems rather unfair, if you ask me. Kinda of hard to put together a case in one year, especially when there could be multiple violations.
 

isisis

LoanSafe Member
Jun 22, 2010
1,789
248
63
North bay
I seem to remember that the continuing violation doctrine has been used effectively in some cases. Theoretically the cause of action doesn't accrue because they continue to violate the statute. The catch there is tying the violations together to show reoccurring acts of abuse that demonstrate a pattern of conduct so that their actions aren't seen as isolated incidents. Here's a ruling on this specifically, Roybal v. Experian.


Judges seem to bend over backwards to find any conceivable linguistic interpretation to let the debt collector off the hook because it's strict liability.

Wanda, were you referring to Rotkiske v. Klemm? I think there's some wiggle room in the decision.
 

OneHugeMess

LoanSafe Member
May 30, 2016
568
51
28
Does anyone know what a "ACQ Default" is? Apparently, Bank of America charged $10.00 to process one, and I would love to know what it means.
 

wanda robo

LoanSafe Member
Sep 29, 2012
3,940
634
113
NJ
Does anyone know what a "ACQ Default" is? Apparently, Bank of America charged $10.00 to process one, and I would love to know what it means.
Never heard of it before but when you google it, it pulls up CoreLogic's website. Maybe it's a report for valuation instead of a driveby?
 

wanda robo

LoanSafe Member
Sep 29, 2012
3,940
634
113
NJ
So, I vowed a while ago to only look at bagels. I love & trust you guys. I always start off on Loansafe on "What's New". I see that so many of you reply to other threads & it makes my heart swell. What a great bunch, I have to say. You people are the real deal. You try your best to help everyone get through this mess. Every mess is different, every mess is a different story, every mess is a new cry for help.

Anyone interested in running for "Office"? I think someone should consider this. I really, truly do. Gord Lord, I'd campaign 24/7 for one of you.

XOXOXO,
wanda
 

wanda robo

LoanSafe Member
Sep 29, 2012
3,940
634
113
NJ
OHM, you've inspired me to post some feelings. My "battle wounds".

I remember posting ( probably not here but one the Jersey Thread"). I would go to the Dollar Store every holiday & buy something that I could put in the front window to let the "bad guys" know there was still people living in the house, celebrating the upcoming holiday. I was so petrified of us getting locked out if I didn't prove we were still living there. In Jersey, if they get a judge to declare the house is abandoned, your "dead meat". The locks get changed. I remember being so afraid that could happen...

I also remember every time they did a drive-by my neighbor would send me a pic of the bugger's license plate. He is disabled & stays at home & kept a good eye out on our home. LOL that's why I gave him the keys when we left & he wiped out everything metal in my old home.
 
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OneHugeMess

LoanSafe Member
May 30, 2016
568
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28
Never heard of it before but when you google it, it pulls up CoreLogic's website. Maybe it's a report for valuation instead of a driveby?
Well. You found more than I could, I tried googling all sorts of combinations, but a electronic appraisal would make sense. I just discovered these earlier today, but they did one in 2014, two in 2016, and one last year. The 2014, and 2016 one were $7 - "Corporate Advances". The new one is a $10 "Escrow Advance".
 

Annie Mac

LoanSafe Member
Aug 19, 2011
579
73
28
Oregon
I have many Corporate Advances and Miscellaneous Fees on my transaction histories, which all contradict one another. The codes continued to change, and many never had codes attached. Over a dozen "official transaction histories" and none of the characters in the Executive Office can decipher them either. So, they persist in their claim that I was the one who created default. I am sure there are alot of line items in many accounts which lead nowhere.
 

just_me

LoanSafe Member
Sep 14, 2015
637
61
28
Does anyone know what a "ACQ Default" is? Apparently, Bank of America charged $10.00 to process one, and I would love to know what it means.
I'm guessing... Account Collection/Charge Quantity
Ocwen has codes by the thousands! Here's a ref I found of possible acronym/abbreviations - the Q is what gets me, my other thought is "query" or "quota"
 
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just_me

LoanSafe Member
Sep 14, 2015
637
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Also...Acquisition?
(this fits a little better and is quite telling)