Bagels at a Bar Mitzvah

isisis

LoanSafe Member
Jun 22, 2010
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So how are you? Is your case/home issue resolved? Or still waiting for mod or in litigation?
I'm right back in the trenches. My attorney seems convinced that to stop the sale we need to enforce the settlement. I'm pointing out that the agreement isn't enforceable but void being procedurally and substantively unconscionable. It was an adhesion contract in which I had virtually no negotiating power. It was coercive as they were threatening to unlawfully foreclose. There was deceptive technical jargon making it appear advantageous when it in fact unjustly enriched the servicer. Actually, it fits the definition of extortion, a felony, and thus an unlawful contract.

More importantly, it didn't cure their failure to perform which the judge had ruled would make foreclosure wrongful. Because of their refusal to cure and other issues including the passage of time technically under Restatement of Contracts my performance has gone from being suspended to being discharged. In other words, the contract is terminated.

Yeah I know, it won't work out that way but it's ammo to negotiate something less egregious. Courts seem bound and determined to never give a homeowner a break.

As for how to figure damages l suppose it depends on what damage you sustained. In my I'm case I'm adding my time as lost income. I'm adding the difference between my payments and what they would have been if I hadn't been induced into foreclosure and could have then refinanced at a lower rate. Adding damaged credit. Emotional pain and suffering, attorney and court costs.
 
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moretrouble

LoanSafe Member
Nov 14, 2009
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Courts are owned by the banks. Based on the experience in my case. Appellate judges could not muster the courage to give me an opinion why they are affirming for the crooks. A foreclosure suit filed a trustee who could not provide any trust document: PSA, loan purchase agreement, loan schedule, the note was proved to be a forgery by the banks's own admission and still be found has standing to foreclose. I will file a petition with the SC to see if they are really administer justice or just function as collection agencies for the big bank investors/servicers. The only reason I am still here because it's still free except for my time. I will not pay any property tax to this state to support pensions for the corrupt judges. Anyway, I contacted a couple attorneys, after they read my motion for reconsideration , they all decline to write my petition to the SC: "we would not take this case". I am setting up for Federal case. Wrote to AG including proof. Senators, Dept. of Justice, SEC, FTC, next. Maybe I should write Joe and Kalama. It was pointed out by one of the author: Hillary lost by 75,000 votes in the swing states; there were 9 millions homeowners foreclosed , most of them illegally. Had Obama held the banks accopuntable (like Reagan did, throwing a few bank CEOs in jail, we would never have had 4 years of Trump. Now we had Trump hiring McNuchin and Wilbur. I'll be a nomad living for free in my van and probably will love it.

FXXXg joke of our justice system. Working for worthless money that the FED prints (7 trillions form 2010) , how much did we get?
 
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isisis

LoanSafe Member
Jun 22, 2010
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Wanda,

If you can get back up on the horse and become a homeowner again then you can get back on the horse and get a dog. After all, it takes some cojones to walk down the aisle with a mortgage banker again and enter into a high risk, legally binding contract for the illusion of "owning" a home. You get to spend a big chunk of your earnings paying mostly interest to mega-corporations while you pay taxes, insurance, and do the maintenance on their investment. All the while the place into which you are sinking your roots can be taken from you if some circumstance briefly prevents you from making payments. Or they can become uncooperative and misapply payments, refuse payments, and make your life hell.

Yes, with a dog you're in the hands of fate and they have a short shelf life but barring misfortune, you gotta admit 15 years is a pretty good run.

Right now in the state of Delaware next door to you there's a little Jack junior waiting for someone to take him home. He proposes in return to provide unconditional love though acknowledges a fondness for the destruction of valuables and is challenged by the concept of house training or at least so I surmise. Check it out.

https://www.puppyfind.com/for_sale/?breed_id=171&order_by=rand&back=/breed/?breed_id=171&back=%2Fsearch%2F%3Fsubmit%3D1%26str%3DJack%2BRussell%2BTerrier%26page%3D1&sid=4s9e7m57n2ai18svfh4260svg3&country=248&state=DE
 

Annie Mac

LoanSafe Member
Aug 19, 2011
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Oregon
Agreed. I would take half a dozen dogs before I would play the sign on the line game. I could change my tune in the future, but I would take a dozen cats even, or a dozen horses, or goats, even a dozen weaner pigs. That route, you either get transportation, milk, bacon, purrs or wagging tails. It is a better guarantee than what Isis just laid out in words to benefit the likes of Jamie Dimon.
There is still something that doesn't connect in the US about property; it's use, care of it, and ownership , which is clouded by ideas of freedom, democracy and rights. All good concepts, but one concept doesn't automatically connect to the rest of them in reality. All I can figure is it has something to do with how the land came into use as private property from the original residents who used it cooperatively, but fought over it as well. A step was missing there.and after approximately 250 years, we still haven't figured it out.
 

wanda robo

LoanSafe Member
Sep 29, 2012
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Well, you ladies ganging up on me? LMAO isis, have you been talking to Alina? I'm impairing her mental health & well being by not allowing her to bring home a puppy. She started out with a huskie but has moved on to a Pomsky. They're adorable, but you know my heart belongs to Jacks.

I'm going to post some pics of the wildlife & stuff going on in the yard. I have acrobatic squirrels, who have planted peanut plants, and a beautiful fig tree, only 1 year old that's bearing fruit (which I know have to protect from the acrobatic squirrels)LMAO, i've got cactus too, isis.

annie, home is where you make it, that's what Ive learned from this whole mess.
 

TXWilly

LoanSafe Member
Mar 21, 2013
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Isisis:
I guess it all depends on whether the loan ownership and whether the FC is done or not, In my case I am fighting to get justice after leaving the home and now the cards are against them after I exposed it all in open, they are trying to play game by giving bread crumbs so that I can be silenced which I have told them NOT possible. I gather that for each fraudulent document there is 1M$ as per DOJ settlement with the banks.
 

Annie Mac

LoanSafe Member
Aug 19, 2011
598
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Oregon
Yes, along with redefining what home is, I have had to redefine what the definition of "winning" is.
It may not be getting your legal fees paid, and prevailing in a warped courtroom. But, each of us has been "winning" every single small step we have taken and every wrench we have thrown into the machinery of lies and thievery.
 
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TXWilly

LoanSafe Member
Mar 21, 2013
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Yes, along with redefining what home is, I have had to redefine what the definition of "winning" is.
It may not be getting your legal fees paid, and prevailing in a warped courtroom. But, each of us has been "winning" every single small step we have taken and every wrench we have thrown into the machinery of lies and thievery.
1597718421478.png
 

TXWilly

LoanSafe Member
Mar 21, 2013
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A Quick question to you guys. IF your attorney files a complaint against D (Bank) for violations of FDCPA (with respect to trying to collect a Discharged debt) but PRESSURING you to settle BEFORE the deadline for the Bank to answer your complaint? Does not sound fishy? Any ideas?
 

kraftykrab

LoanSafe Member
Jan 27, 2014
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A Quick question to you guys. IF your attorney files a complaint against D (Bank) for violations of FDCPA (with respect to trying to collect a Discharged debt) but PRESSURING you to settle BEFORE the deadline for the Bank to answer your complaint? Does not sound fishy? Any ideas?
My first thought is that I hope you're going after them with more than just FDPCA. That violates BK laws too, and depending on how they are trying to collect--their efforts, I mean--it could violate other laws too.

My second thought is I'd love to hear the reasoning your attorney is using to try to convince you to settle. We need to remember, and I learned this thoroughly when trying to secure representation, attorneys are part of the same club. I had attorneys even admit to me that what I had was indeed solid evidence of fraud, among other things. But none of them would take on those issues on my behalf. One even told me that the reason why she, and no other lawyers as well, would take up my claims is because they all have to work with the attorneys and judges who had committed the fraud in other cases....so if they fought my claims for me, they would damage their ability to work with those other lawyers and judges in the future.

If you look at the actual laws, there is no license to practice law. There's a bar card, which is membership in an exclusive club to which us mere mortals are outsiders. They use the system as they choose to. It's not about you or me...it never was. And these dishonest lawyers act the way they do because they know that most of the time they will get away with it. The system is biased in their favor, and they know it. I filed a motion for sanctions, with the attorney even admitting in open court that she had private conversations with the judge's staff about my motions and filings...and the new judge denied my motion without so much as a thought. When I filed to recuse the judge, she responded by claiming she did nothing wrong. Even though it was shown and admitted that these private conversations took place, she claimed that all of her actions were permitted under the code of conduct. The system is not for us, it's for them. Every once in a blue moon, the courts are faced with a case where the wrongdoing is so bad that they have to take some action. But the every day cases are where the real tragedy is.

Still in a holding pattern on our end, thanks to COVID-19. Still waiting for a response on motion to compel, which I suspect will be that way until this is over because the court needs to set a date for a hearing on that.

Here's a different development too though...

Do any of you have an assignment of mortgage/DOT where the assignment assigns the mortgage or DOT, "together with the note"? I do. That's a legal impossibility. The UCC is law in every state, and under the UCC, Section 3, a promissory note is a negotiable instrument that MUST be transferred via negotiation and consideration MUST be present. The transfer is only valid if the buyer paid something of value for the note. In my case, there's no attempt even to claim that they exchanged value. Without that, the transfer is NOT valid under law. They have played so many games in my case about the note it's not funny. First, they used a copy of a note, where our state laws require the original be provided. Second, they knew it was lost, but did not inform the court or us for years. They waited more than 5 years after the discovery that the note was lost to make any attempt to do something about it, even though the law here requires action "within a reasonable time". And then, the assignment issue too. So, I am doing a few things at once. Still have the MTC. Filing additional discovery requests as well. Contemplating a MTD based on the flaws that have existed this whole time.....by law they are not supposed to be able to use intentionally false pleadings as a place holder for the procedurally correct stuff.
 

TXWilly

LoanSafe Member
Mar 21, 2013
777
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KK:
Thanks a lot for your detailed reply. Something interesting I found about my current issue. And you are right, it is a big club wants to be in good books of the courts/judges so that they can face them later and everyone knows about the fraud/crimes but since the LEOs are not taking actions, they will not do anything on these. I donot know much about UCC1 there is someone in various forums making noise about it and claiming to be won. (Toni Mccray). I have not done much research on that. My issues are explained in my site (mostly) and latest are in Tweets/FB. I will update you later. The current lawsuit is about attempting to collect a debt which is already discharged.
 

isisis

LoanSafe Member
Jun 22, 2010
1,815
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North bay
So mid-pandemic and while at odds with my attorney and a sale scheduled next month we get this record-setting heatwave. Naturally my well plumbing goes out so there's no water and then that night there's a freak thunderstorm and lightning came down right in my bedroom. Predictably afterwords the power went out. The next day there was an earthquake in the morning and the heatwave was reaching its peak when things got interesting. I got an emergency alarm text warning to prepare for evacuation. The lightning started a wildfire in my area so just like last fall I get to watch smoke on the horizon to see whether to take the evacuation seriously. The fire's now at 1500 acres and to fight it we've been allotted exactly one helicopter due to the scarcity of resources with other fires threatening more populated areas. What's next, locusts? Anyway, so how was your week?

Just for you Wanda, the movie soundtrack playing in the back of my head is legendary Tom Waits singing Make It Rain. Tom's a local boy whose property is within the path of the fire so he'd likely approve the choice.

 

TXWilly

LoanSafe Member
Mar 21, 2013
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Why cannot find any good/honest/brave attorney anywhere? After initially agreed to work for you, why do they work with opposite party/counsel to derail your objective or water down your demands or altogether go against your interest? So no integrity in this profession or that is what they teach in their law school or that is what they are made of which is enhanced by the fraud in this profession? OF ALL the attorneys I have spoken, used/hired, consulted sometimes free/paid, MOST do not care of any issues except $ they can get, rest will not go against big crooks because they are afraid, or go against corrupt /unethical judges they will face, few are SO unethical or lack integrity and they know you are wronged and still work against you and lie to you even after you hire them, so what/who is left? You have none to represent you and best option is pro-se only....
 

isisis

LoanSafe Member
Jun 22, 2010
1,815
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North bay
Things were looking grim yesterday with a growing embankment of smoke
dark grey shot with pink on the ridgeline when I concluded the evacuation should be taken seriously. Blankets, animal carriers, pet food, human food, water jugs were packed up at the front door to load into the truck. I took a breather and was out watering my garden trying to act nonchalant as though facing a fiery inferno was child's play though actually, my insides had turned to jelly. Then one after the other a regular battalion of jet planes came thundering past overhead. Some of them DC10 others enormous 747 planes made to hold 300 passengers converted to bombers to drop long swathes of retardant on the flames. They saved the day for my area at least. Up until then, they'd pretty much left us on our own with ground crews, one helicopter, and one tanker to fight a firestorm that had grown to 14,000 acres. The fire's still burning but they're keeping it from advancing. Gotta wonder where those planes came from given the alleged non-existence of resources. There's big money living in Dry Creek Valley. Maybe they called up Newson and said, "Hey Gavin, you want a second term?" Or else someone with enough money to fund a small country just brought in the planes on their own dime. I'm grateful to all the firefighters and relieved though keeping a vigilant eye on the ridgeline. Very saddened for the families living back in those hills that lost everything and tens of thousands of others in evacuation.
 
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Annie Mac

LoanSafe Member
Aug 19, 2011
598
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Oregon
I wouldn't read too much into it. A fire under 20-25,000 acres is still considered a small fire. But, when homes are interfacing the forest, the priorities shift. Those planes and crews were probably all engaged already and sent from Regional Interagency Dispatch; again, priorities, priorities. Factors like terrain, wind, grade of the ravines, limit what ground crews can do, and that changes quickly with weather. There are multiple fires in California, so resources are spread out all over. Glad the worst is over. I would go ahead and keep things loaded and ready in the truck though. When you do have to evacuate, you have very little time if any at all, and you don't really think logically. Also, there will be hot spots for weeks, so keep an eye out for flareups.
 

isisis

LoanSafe Member
Jun 22, 2010
1,815
254
83
North bay
Why cannot find any good/honest/brave attorney anywhere? After initially agreed to work for you, why do they work with opposite party/counsel to derail your objective or water down your demands or altogether go against your interest? So no integrity in this profession or that is what they teach in their law school or that is what they are made of which is enhanced by the fraud in this profession? OF ALL the attorneys I have spoken, used/hired, consulted sometimes free/paid, MOST do not care of any issues except $ they can get, rest will not go against big crooks because they are afraid, or go against corrupt /unethical judges they will face, few are SO unethical or lack integrity and they know you are wronged and still work against you and lie to you even after you hire them, so what/who is left? You have none to represent you and best option is pro-se only....
I suspect that the reason for the scarcity of attorneys eager to take on the banks could be attributed to a variety of things. First off its bloody difficult. Banks attorneys are from large firms who specialize in this specific area of the law so the issues are very familiar to them and require little research. They already know consumer protection law, state statues regarding procedure, TILA, RESPA, contract and tort issues associated with mortgage litigation and the most recent case law. The average attorney might practice probate, divorce, employment, malpractice and who knows what else and can't afford to specialize. Because courts are anti homeowners the attorney is less likely to win and that takes some of the appeal out of it for a notoriously competitive occupation. Also because the legal profession in general doesn't think very highly of homeowners in default and having the option might prefer not to represent "deadbeats". When they aren't successful and the client losses their house that must be a particularly unpleasant loss for an attorney.

As for why attorneys lose their zeal in the pursuit of justice, I imagine that attorneys over time by virtue of the day to day work they're engaged in come to see the law very differently than other people. To us it's the mechanics of justice, to us it's real, a way to define and punish wrongdoing, a way to see justice served. To attorneys it's a whole bunch of rules and procedures that they learned and in fact mistake for the law. Every notion of right and wrong was lost long since and it's just mechanics and paper pushing. They're rarely creative thinkers or problem solvers, there just isn't enough room left in their brains since they're jam packed with the structure of the law. But they like the work become those rote practices of papers filed and motions made, for all of that mindless work they can charge ten times as much as other people earn.
 
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Annie Mac

LoanSafe Member
Aug 19, 2011
598
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Oregon
Isisis, I know details of your long defense, but I do not know exactly where you are at. I assume it must be Sonoma County. My goodness, there are fires in every direction in that region. I don't want to minimize the threat you must feel. Wildfires and firefighting has been a dominant part of my and my family life, and as you know, I lost my home to fire before. You must be relaxed enough to write about lawyers. But, a change of wind can change a lot when there are fires in all directions. A good dose of rain is what would be helpful. Fire is more powerful than all the weather and news reports. Respect it more than the reports. I cannot emphasize enough that if the time comes to evacuate, you will resist until you have no other choice, and will not be able to think clearly at that point. So take time to really think now even if it seems unnecessary and frivolous. Get everything in order now. It is much easier to unload a vehicle you haven't had to use than to do it with the wind blowing particles at you in the middle of the night. I got nothing out of my house except my children, whom I dragged out of bed and through two feet of snow. We stood in the barn sopping wet and watched the house unbuild itself in the dark. I will be thinking of you.
 

kraftykrab

LoanSafe Member
Jan 27, 2014
1,238
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Has anyone heard from Isisis?
She emailed us around 1:30 this morning. She's waiting to see if they need to evac or not. Y'all keep them in your prayers....

We're living in historic times, though right now that doesn't look as good as one might hope. Wildfires...a volcano this past week in Indonesia....and now, for the first time ever in recorded history, we're about to have two hurricanes in the Gulf of Mexico around the same time. We're good and safe down here, and prepared, so no worries.