Bagels at a Bar Mitzvah

arrgy

LoanSafe Member
From what I have read, your attorney does nothing more then guide you, and file the complaint under seal. The actual work is done by the Feds. It is only if the Feds don't want to pursue it does your lawyer actually come into play. My only hesitation is that it is for such a small amount, its not like I would be a millions of dollars whistle blower. What I would actually do is get in touch with the federal attorneys in my jurisdiction, they would be better in guiding me.
 

Survivor_IN

LoanSafe Member
There are attorneys dedicated to Qui Tam practices. While this does sound like a viable theory worth pursuing, I have little faith, mainly because some attorneys appear to want silver platter cases or the viability of suing the government may be political climate du jour. But the construct of FFC (Fed False Claim) appears right on the money.
 

moretrouble

LoanSafe Member
in my spare time, I went on line and went to the "law library digital collection" website, enter "Bank of New York" in the search field. The result shows numerous opening, answering briefs of cases filed in the name of Bank of New York. Interesting though, could not find briefs of MY case, where I pointed out the fraud. What happens?
 

Survivor_IN

LoanSafe Member
I'm guessing maybe this has to do with BNY being plaintiff vs defendant? A search term error so to speak. Idk. You know they want to wipe out the record(s) on your case, so maybe someone passed a franklin to the clerk on it. lol.
 

Survivor_IN

LoanSafe Member
One more thought. As qui tam, you get percentage of recovery right? You would need to show that there are say, 1000s others, in this mix. Got evi on the whole entire fund? Or at least one other maybe to demonstrate pattern and practice. I always thought these claims were done by employees. You could try and contact one (qui tam attorney) to see what qualifies. Re-review the Linda Green matter and see if that was qui tam, because that was by a homeowner who happened to be an attorney. It's in "60 minutes" archives. I personally wouldnt want the retaliation but I don't want to discourage it either.
 

moretrouble

LoanSafe Member
How about writing the AGs to prosecute the banks/servicers’ CEOs for running criminal enterprises forging documents to steal homes and defrauding investors and tax payers for bonuses and options.

Can’t put a corporation in jail, hold individuals who run these corporations responsible.
 

Survivor_IN

LoanSafe Member
" A plaintiff asserting a procedural claim must have suffered a concrete injury"

Can anyone tell me how this might apply where the Lender causes the alleged default at their own hands? I'm thinking it would be one of those arguments that are couched in negative terms, ie I did not cause default. Lender did not make corrections. Therefore... Etc. I'm not finding case law examples on it in State or Federal and if anyone has thoughts on it, I would love to hear it. In particular, this is a reference to the Lender being unable to specify a particular date of default. They keep moving the bar of argument by being given permission to alter and amend the complaint. They have basically admitted that their first cause of action was wrong - but no penalty.
 

moretrouble

LoanSafe Member
Went to county recording office yesterday to check on recorded instruments on my property, something I do occasionally to see how the fraud evolve and who are the culprits. To my surprise, ALL of my robo-signed assignments of DOD created by Bank of America in the name of Bank of New York and MERS assignment to HSBC... disappeared, were purged from the system. I know they were there because I have screen shots and I downloaded them. Looks like somebody went in and erased all evidence of fraud now the fraud is exposed. So now the only entity can foreclose on me non-judicially is Ameriquest. Still waiting for somebody to enforce the foreclosure judgement.
 

Survivor_IN

LoanSafe Member
Went to county recording office yesterday to check on recorded instruments on my property, something I do occasionally to see how the fraud evolve and who are the culprits. To my surprise, ALL of my robo-signed assignments of DOD created by Bank of America in the name of Bank of New York and MERS assignment to HSBC... disappeared, were purged from the system. I know they were there because I have screen shots and I downloaded them. Looks like somebody went in and erased all evidence of fraud now the fraud is exposed. So now the only entity can foreclose on me non-judicially is Ameriquest. Still waiting for somebody to enforce the foreclosure judgement.
Amazing. I'll have to check for same. lol. I mean, really. I think courthouse got bored with working at home protocol and closures and created special projects. I could be wrong but I HAVE found new items during the pandemic.
 

moretrouble

LoanSafe Member
It’s disgusting that the debt collectors (banks, servicers, disstressed debt buyers) can fabricate fake documents then record them in the county recording offices ( to make them legitimate) to steal houses then purge the evidence after the fraud discovered without any consequence is beyond belief. The debt collectors use our government offices as collection agencies without any fear.. Why?
By the way, Bank of America no longer charges inspection fee on my house after I accuse them of using my discharged loan to collect ancillary fees on the trust.
 

kraftykrab

LoanSafe Member
Gotta hit the pause button...

Dad has been very sick all year. He passed last night. He's been suffering so much, and we learned that he now also had lymphoma on top of congestive heart failure, diabetes, stage 4 kidney disease, liver disease, blind in his right eye, and couldn't even stand up. Over the last few weeks, he developed a condition called tumor lykes syndrome, when a tumor breaks apart and toxic acid levels in the bloodstream increase sharply. They tried to treat him with dialysis but the tubes kept clotting up.

I got the call after his third heart attack and flew up there some weeks ago because it didn't look like he would survive that. He actually did. But not too long after I came back, he spiked high fevers and started getting delusional. He did not respond to anyone for almost 3 weeks. I'm at peace that he's not suffering anymore. But I just got him back, I had not seen him in over 30 years until I flew up there recently.
 

Annie Mac

LoanSafe Member
It is these life events that give us perspective and remind us of the value of the people in our lives. Over time, which has now been fourteen years for me, some of us have lost spouses, children, dogs, cats, horses, as well as houses, and we have each given up alot of our energy, defending our homes. I do not regret all the time I have put into defending my home, but I would surely rather put that same time into the living people and animals and plants. It is undoubtedly all the more meaningful to you Krafty, since you had this gift after thirty vacant years.
 

moretrouble

LoanSafe Member
I feel for you Krafty. My dad passed away August 2016 due to lung cancer. In retrospect, he was a very lucky man, smoked for 50 years then got cancer at the age of 96, active till the last week of his life. I am a lucky man also. Because of him, I had to retire early to take care of him, spent time with him for the last 9 months of his life. I learned a lot by watching him, also when he was dying. Then I realised all the money in the world did not mean anything, could not buy him another minute. Key for us is to live our lives to the fullest, enjoy while we can because life is short. Do what you have to do but don’t worry too much, whatever happens, happens.
 

OneHugeMess

LoanSafe Member
Hoping everyone can cross their fingers for me, wish for good luck. I submitted a loan mod packet to Select Portfolio Servicing and I’m completely nervous about it.

I never filed for bankruptcy, and really don’t want to, but will likely have to to prevent a foreclosure if they deny me my mod.

Like I said, wish me luck. I’m a nervous wreck about it.
 

Javagold

LoanSafe Member
Hoping everyone can cross their fingers for me, wish for good luck. I submitted a loan mod packet to Select Portfolio Servicing and I’m completely nervous about it.

I never filed for bankruptcy, and really don’t want to, but will likely have to to prevent a foreclosure if they deny me my mod.

Like I said, wish me luck. I’m a nervous wreck about it.
Good Luck With the modification. But stay calm and breathe. Keep fighting & if necessary File for BK. Use every weapon at your disposal.
 

arrgy

LoanSafe Member
So I will be in four different courts soon. Court #1 Federal Bankruptcy Court. I received notification today that my house will be sold on the 7th, and if I am still in the house after noon on that day, that I am a trespasser. F-- that. I will file for Chapter 13 before that, housing prices are so high now that it would be stupid for me to simply walk away. I bought the house for $190K and is worth almost $300K.

Court #2 State Supreme Court. I have 60 days or so to file my brief. I am more curious then anything else to see what is going to happen with this. I will probably lose, but I will give it a shot.

Court #3 County Court. I filed my civil complaint against Wells for all the crap they did and sending my note to the FHA and the DASP sale while lying to everyone in the world about it. A nice 70 page (yikes!) complaint with nine causes of action. Lawyer friend proofed it for me, said it looked solid if I have the evidence to back it up. Most likely they will want to settle, and if not I can use the Federal Whistle Blower Act as leverage. Basically give me a check for the value of my house, or not only do you have to settle my lawsuit, but I will also see you in Court #4, where you may have to pay a penalty of three times what you received for lying to the Feds.

Court #4 Federal Court-So if Wells dorks around, then I file a civil complaint under seal in the name of the Federal Government, for Wells lying to the FHA about the status of my loan, etc. The SOL is 6 years, and I have until May 2022, if I have to file, it will probably be around Christmas. This one is a no brainer, Wells reported through FHA neighborhood watch something that was completely untrue and not what they told me and my local court. They got paid an insurance payout of $200K for stating that I was no longer in loss mitigation, which I never was.

Yeah, trying to juggle four courts in the next year or so by myself should be interesting.
 

moretrouble

LoanSafe Member
Good luck to both of you. Been to bk court twice, all the way to state Supreme Court, ready for Federal if need be. Still in the house though, at least till end of year, Governor just extended foreclosure stay till end of 2021.
 

isisis

LoanSafe Member
Krafty,

Since your email you've been in my thoughts.

I lost all of my family, both parents and my brother, three of my closest friends and half a dozen dogs and cats that I loved like they were my children in the last seven years while in this battle. Sucks, makes you stronger but also less invested.

But the loss of a father, like I was telling you, Krafty, that's a major one. He's the figure standing between you and mortality, once he's gone you're next in line. It's the loss of any remaining fragments of innocence. I adored by dad and all of my life had dreaded his loss which was staggering but it was clean, everything that needed to be expressed between us had been. But it must be just as difficult if there was conflict and the relationship was complicated. The finality of death doesn't allow for repair or a mutual sorting out. It happens but it takes more time.

Jordan Peterson, who's right about most things, encourages men to be the strongest man at your father's funeral, comforting others. It is a sort of rite of passage. I have no doubt that's what you'll be but don't be so strong you ignore your own feelings. Grief and all the various feelings that accompany it have a purpose; it eventually provides prospect and facilitates healing
 
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