The OCC Banksters

Jeffrey L. Shurtliff

LoanSafe Member
Dec 4, 2010
3,823
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I got a letter from the OCC banksters saying my complaint was received and but will be reviewed under the Independent Forclosure Review. I do not have a current complaint as one was filed by my state on my behalf in 2010 and was disapproved. More Bankster fraud, this time it is real high up. Corruption runs high in the government.
 

xevets

LoanSafe Member
Apr 6, 2010
64
0
6
I got a letter from the OCC banksters saying my complaint was received and but will be reviewed under the Independent Forclosure Review. I do not have a current complaint as one was filed by my state on my behalf in 2010 and was disapproved. More Bankster fraud, this time it is real high up. Corruption runs high in the government.
Hello Jeffrey,
I received the same letter although I did file a complaint with the OCC. The thing is I was never foreclosed on? I was in a foreberance agreement and they initiated foreclosure at the same time (dual tracking). Right now I'm waiting on my NOD "I'm in NJ" I will contest the foreclosure the dual tracking along with the amount owed on my loan forceplaced insurance "while I had insurance mind you" will be listed on my filing. Not to mention the Tila and Respa violations. Oh and did I mention MERS I really belive they are hiding behind this crap and it'll all come crumbling down soon. They have destroyed hundreds of years of property law, I just dont get why people are not more outraged over this? I Wish you the best been a long time lurker here, your posts have been of much interest keep up the fight our forefathers would be proud.
 

cabmac79

LoanSafe Member
Jan 24, 2010
81
1
0
Hello Jeffrey,
I received the same letter although I did file a complaint with the OCC. The thing is I was never foreclosed on? I was in a foreberance agreement and they initiated foreclosure at the same time (dual tracking). Right now I'm waiting on my NOD "I'm in NJ" I will contest the foreclosure the dual tracking along with the amount owed on my loan forceplaced insurance "while I had insurance mind you" will be listed on my filing. Not to mention the Tila and Respa violations. Oh and did I mention MERS I really belive they are hiding behind this crap and it'll all come crumbling down soon. They have destroyed hundreds of years of property law, I just dont get why people are not more outraged over this? I Wish you the best been a long time lurker here, your posts have been of much interest keep up the fight our forefathers would be proud.
I agree xevets. Those that are not in foreclosure have lost a lot of equity in their properties because of this scam. The biggest transfer of weath in the history of the U.S. We need to educate those that don't understand. There are companies talking about claiming homes through eminent domain. WOW! If the government allows that the banksters can take everybodies homes...in foreclosure or not. SCARY...
 

acesfull

LoanSafe Member
Nov 5, 2008
2,216
110
63
NEW JERSEY
Hi Xevets

If you can post the address for OCC office in NJ, I would greatly appreciate it, I just recently lost a summary judgment hearing to US Bank, I challenged there standing( Pro Se) The assignment I felt was flawed/fradulent.
The assignment was from Sand Canyon Corp to US Bank. Caveat Sand Canyon Corp President in a Federal court deposition stated that Sand Canyon was out of the Mortgage business as of March 09, My fraudulent assignment occured on April 2010. The local superior judge did not feel that the assignment was flawed and therefore awarded summary judgment to US Bank.

I want to send a copy of the assignment to OCC along with the Federal deposition of the President and ask them to investigate the assignment. I also intend to try to get the attorney generals office involved.

I am now attempting to hire an attorney to appeal the superior courts decision however appeals are costly and most fail.

Xevets, please keep me posted on your foreclosure case and if I can help in anyway I will be here on LS.
Looking forward to your reply.

Best regards

Nj-19 Months
Acesfull/HWP
I will also be sending a copy of th
 

TomEason

LoanSafe Guide
Jun 18, 2009
12,390
85
48
SF Bay Area CA
Hi Aces

Sorry to hear of your unfortunate MSJ loss to US Bank. FWIW, I agree with your opinion about the cost and outcome of appeals.

About OCC complaints, I was under the impression those were sent to the main office in DC, or done online. I've personally filed several complaints over the past couple years. Naught has come of any of them.

Unfortunately, although they are a supposed "bank regulator," here's how the OCC really handles complaints. The OCC forwards the complaint to the bank, along with a directive to investigate the matter. So then the bank investigates itself, and voila, guess what? The bank finds no evidence of wrongdoing, and exonerates itself, LOL. That is reported to the OCC, who then notifies the complainant of the findings of "their investigation."

So don't get your hopes up about that "regulatory body"! You might also submit a complaint to the CFPB in DC or online.
 
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acesfull

LoanSafe Member
Nov 5, 2008
2,216
110
63
NEW JERSEY
Hi Aces

Sorry to hear of your unfortunate MSJ loss to US Bank. FWIW, I agree with your opinion about the cost and outcome of appeals.

About OCC complaints, I was under the impression those were sent to the main office in DC, or done online. I've personally filed several complaints over the past couple years. Naught has come of any of them.

Unfortunately, although they are a supposed "bank regulator," here's how the OCC really handles complaints. The OCC forwards the complaint to the bank, along with a directive to investigate the matter. So the bank does that, and voila, guess what? The bank finds no evidence of wrongdoing, and exonerates itself, LOL. That is reported to the OCC, who then notifies the complainant of the findings of "their investigation."

So don't get your hopes up about that "regulatory body"! You might also submit a complaint to the CFPB in DC or online.
Hi Tom
Thanks for the info on the OCC, I will not waste time with them based on your experience.
I will drop a nice detailed letter voicing my concerns to the Attorney General's Office.
Also I will take another bite of the apple via Federal Bankruptcy Court...
I intend to list every entity that was involved in the chain of assignment from beginning to end as creditors.
But that will be when the sheriff is knocking down the door. BK is last resort.

H & R Block---- 400k
Option One Mortgage--- $400K
American Home Mortgage CO.--- $400K
Sand Canyon Corp-- $400K
US Bank National Trust-- $400K

This way I will let each entity try to claim the $400K and let the Federal Court sort the mess out.

Best regards

Nj-19 Months
Acesfull/HWP
 

xevets

LoanSafe Member
Apr 6, 2010
64
0
6
Hi Tom
Thanks for the info on the OCC, I will not waste time with them based on your experience.
I will drop a nice detailed letter voicing my concerns to the Attorney General's Office.
Also I will take another bite of the apple via Federal Bankruptcy Court...
I intend to list every entity that was involved in the chain of assignment from beginning to end as creditors.
But that will be when the sheriff is knocking down the door. BK is last resort.

H & R Block---- 400k
Option One Mortgage--- $400K
American Home Mortgage CO.--- $400K
Sand Canyon Corp-- $400K
US Bank National Trust-- $400K

This way I will let each entity try to claim the $400K and let the Federal Court sort the mess out.

Best regards

Nj-19 Months
Acesfull/HWP
^ This, I actually filed a complaint "online" and all the OCC did was Pass the buck right back to the banks, sent it right to the independent foreclosure review, what a farce. They are all in collusion with one another I know deep down I'm going to eventually lose my house but I am so far underwater that it just makes no business sense to hold on to it. Ive had this house "mortgage" for 12 years and I owe more now than ever. They really put me through the wringer. Ive got my own strategy goin on I'm waiting for them to make the next move so I can counter. Ive been watching all your posts Aces, since you are also in NJ I'm sorry to hear the latest news but you seem to know what you are doing, they just have all the judges heads spinning and i feel most simply do not understand property law and rights, if they did study property law and our constitutional rights then they are simply complacent for some unknown reason? Perhaps they fear for their pensions or their jobs I just don't know? Nobody here is denying they owe money on the mortgage we all just need a break, and we need to deal with the true owners/investors, not the pretender lenders. just follow the money all the debt was created out of thin air where the F$#K is our bailout the banks got one?
 

NJHomeowner

LoanSafe Member
Jun 12, 2012
163
0
0
Acesfull and xevets I to am in NJ. I do not have the extensive knowledge that the two of you have in these foreclosure matters. But am trying to educate myself with all the great information on this site.

Acesfull on your signature I see NJ- 19 months. You seem to be a lot farther in the foreclosure process then we are. We are presently 18 months behind as of 6/1. Trying still desperately to get modified and looking to do anything to keep our home. We have just recently received an "intension to foreclose" certified still within the 33 day expiration.

We have also received another letter by regular mail only... just a few days letter later from the same Attorneys office but from a different person and am unsure what it is...it reads the following:




Dear Sir Madam,

Please be advised that this notice is being sent to you pursuant to the requirements of Federal Law. Phelan Halliman & Scmieg, PC is a debt collector attempting to collect a debt. Any information we obtain will be used for that purpose. If you have previously received a discharge in bankrubtsy, this is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. Under New Jersey law a state court foreclosure action is quasi in rem only, meaning against property, rather than for a personal judgement.

Breakdown of debt is shown here in this space, which is actually different by around 10k (Looks like maybe they are leaving the principal that would have been paid in the arrears payments out of the Breakdown) than the "Intention to Foreclose" Breakdown. They are also showing the total unpaid principal and all arrears and fees for a grand total as the debt owed.


Interest and other items will continue to accrue. Your creditor US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR BEAT STEARNS MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-5.

Unless you dispute the validity of the debt or any portion thereof, within thirty days after receipt of this notice, the debt will be assumed to be valid by our firm. I you notify our office in writing within the thirty day period that the debt or any portion of thereof is disputed, we will obtain and provide you with verification of the debt by mail. Upon your written request within the thirty day period, our office will provide you with the name and address of the original creditor, if different from the current creditor.

The law does not require us to to wait until the end of the thirty day period following first contact with you before commencing a foreclosure action. Accordingly, a separate complaint complaint in foreclosure may be filed and served on you.






Not sure what this is but the 30 days will be up June 30th. When talking to someone in their office they tell me we are still in the very early stages of foreclosure. But I am not so certain.

I also keep asking their attorney for reinstatement amount statement, as we have considered doing a reinstatement between what we have and what my parents can lend us. But really want to do and get a modification in place. As that is really what we need to be able to move forward from here.

** Also we will need to probably file BK 7 due to many other obligations that we have either given back or got taken along with CC debt. But are holding off till we get our first mortgage modified hopefully!!


If either of you or both can tell me what this letter is...again it did not come certified like the "Intent to Foreclose" that did come certified.
 
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acesfull

LoanSafe Member
Nov 5, 2008
2,216
110
63
NEW JERSEY
Hi njhomeowner

I don't recall ever receiving a debt letter from an attorney. What I would do is this, Do not call the attorney they are not your friend and they will not help you get a modification, They want your MONEY.
Sent them a dispute the debt letter... Something to this affect

Dear Sir/Madam
Please be advised that your letter dated XXX which claims I owe your firm XXX amount of money is Disputed.
I have never had any financial arraignments with your firm. Your claim is totally denied.
Please provide me with any signed agreements and or contracts that exist between myself and your firm.
I also request that you cease and desist any and all collection activity in regard to this alleged account.
I also reserve my rights to pursue future legal remedies against (law firm name and anyone that signed the letter).
Please contact me via USPS only in regard to this fraudulent account, no phone calls.
Thank you for your kind attention to my concerns.
Be advised accordingly,
NJhomeowner

Njhomeowner, Who services your loan? Are you working on a modification either HAMP or In House Mod.?

Should you receive the foreclosure complaint, BE SURE TO ANSWER THE COMPLAINT, Failing to answer the complaint will result in an automatic default judgment for a non contesting answer, then the default will lead to a summary judgment in favor of the bank.

Please keep us posted.

Best regards

Nj-19 Months
Acesfull/HWP
 

NJHomeowner

LoanSafe Member
Jun 12, 2012
163
0
0
Acesfull thank you for your quick response. The servicer is ASC but everything comes from Wells Fargo as far as the Loan Mod that I am about to apply again for. They denied back in May 2011 for HAMP but I am trying through Hamp again....I see your investor is US BANK Nat. Assoc. also, so we have something in common. As far as the letter I received I am starting to wonder if they are a collection company rather than a Law Firm.

It makes me a little nervous to call the account Fraudulent, but then again I am very new to all the strategy that I read on LS. If you think that is a good move then I will. How will I know when I am served the "Foreclosure Complaint". Also the so called firm that has reached out to me has been sending me Reinstatement letters upon my request as we have been considering reinstatement after my wife sold a retirement fund with a previous employer....But like I said a Modification is really what we need to happen going forward. As you probably already sense very nervous and unsure what to do. But guidance from people like yourself that seem to have a wealth of knowledge on these matters is most comforting.

If I send the answer your suggesting do you think they will not send me a reinstatement amount if I request one in the future. Also what do you think are they a law firm or a collection company...it is the same firm that we got the "Intent to Foreclose" from?
Hi njhomeowner

I don't recall ever receiving a debt letter from an attorney. What I would do is this, Do not call the attorney they are not your friend and they will not help you get a modification, They want your MONEY.
Sent them a dispute the debt letter... Something to this affect

Dear Sir/Madam
Please be advised that your letter dated XXX which claims I owe your firm XXX amount of money is Disputed.
I have never had any financial arraignments with your firm. Your claim is totally denied.
Please provide me with any signed agreements and or contracts that exist between myself and your firm.
I also request that you cease and desist any and all collection activity in regard to this alleged account.
I also reserve my rights to pursue future legal remedies against (law firm name and anyone that signed the letter).
Please contact me via USPS only in regard to this fraudulent account, no phone calls.
Thank you for your kind attention to my concerns.
Be advised accordingly,
NJhomeowner

Njhomeowner, Who services your loan? Are you working on a modification either HAMP or In House Mod.?

Should you receive the foreclosure complaint, BE SURE TO ANSWER THE COMPLAINT, Failing to answer the complaint will result in an automatic default judgment for a non contesting answer, then the default will lead to a summary judgment in favor of the bank.

Please keep us posted.

Best regards

Nj-19 Months
Acesfull/HWP
 

acesfull

LoanSafe Member
Nov 5, 2008
2,216
110
63
NEW JERSEY
Acesfull thank you for your quick response. The servicer is ASC but everything comes from Wells Fargo as far as the Loan Mod that I am about to apply again for. They denied back in May 2011 for HAMP but I am trying through Hamp again....I see your investor is US BANK Nat. Assoc. also, so we have something in common. As far as the letter I received I am starting to wonder if they are a collection company rather than a Law Firm.

It makes me a little nervous to call the account Fraudulent, but then again I am very new to all the strategy that I read on LS. If you think that is a good move then I will. How will I know when I am served the "Foreclosure Complaint". Also the so called firm that has reached out to me has been sending me Reinstatement letters upon my request as we have been considering reinstatement after my wife sold a retirement fund with a previous employer....But like I said a Modification is really what we need to happen going forward. As you probably already sense very nervous and unsure what to do. But guidance from people like yourself that seem to have a wealth of knowledge on these matters is most comforting.

If I send the answer your suggesting do you think they will not send me a reinstatement amount if I request one in the future. Also what do you think are they a law firm or a collection company...it is the same firm that we got the "Intent to Foreclose" from?
Hi NJ
I think they are attorney's that act in the capacity of debt collectors. There field of expertise is debt collection.

If you feel uncomfortable with the term fraudulent then use a term that your comfortable using. "ERRORNEOUS" ?

You will be serviced the complaint via a process servicer.

Terms like Defendant and Plaintiff will be used. etc

Just for some peace of mind, may be you should call your local court house in your county and ask if there has been a foreclosure complaint filed against you.

Best regards

Nj-19 Months
Acesfull/HWP
 

NJHomeowner

LoanSafe Member
Jun 12, 2012
163
0
0
Thanks Acesfull, guess I should be expecting one soon. Also is it something I can answer myself or will I need an Attorney? If I can answer myself....can you give me some tips so I am prepared when it does come. How long after missing payments before you got one and is your servicer ASC or Wells Fargo??


Also if we do decide to reinstate will that dispute to the letter above make it hard for me to get that info from them??
 

walkin

LoanSafe Member
May 1, 2012
361
6
18
Hi aces, as always, its good to read your posts.In your opinion, would sending a C&D/request for validity letter to a CA effectively tick them off, and give them a reason to push forward with a lawsuit? Or would it give them incentive to throw in the towel, and leave you alone? I'm a bit confused between acknowledging their existence (with a C&D letter), or just ignoring them. In my case, its a charged off heloc, and I'm guessing that it is unlikely they will file a suit just yet, since their is still a lien on the property, held by....I have no clue at this point, but I'm just not sure. Doesn't make sense to me that they would sue me right now, since there is still some random chance that they might actually get something from a sale, or other action. (doubtful)

I have no intentions with even considering settling with them, until I see how the future unfolds itself. It's possible that they will become a sojl within a year, or not, just have to wait and see. They are 100% underwater.
 

acesfull

LoanSafe Member
Nov 5, 2008
2,216
110
63
NEW JERSEY
Hi Njhomeowner- My servicer is/was AHMSI--- Investor is US Bank National Association in trust XXXX

I received the foreclsoure complaint after missing 9 payments however since 2008 I probably only made 4 payments.
I had two mod's and then I tried for a principle reduction, no luck with PR. The home is about 160k underwater and the yearly taxes are 8k... I decided to play The Hampster Wheel about 19 months ago. Presently home is in foreclosure with bank winning a summary judgment last week. I handled the foreclosure complaint PRO SE, a good foreclosure defense attorney's fees would be somewhere between 20k-30k with no guarantee of a victory however they may get you to the negociating table should you desire to keep the home.. I decided to try and live rent free for as long has possible and enjoy my life instead of being a slave to my home.

Now onto you. Do you have a heloc or 2nd mortgage on the home? Reason I am asking is I am not sure why a debt collector/law firm would be sending you dunning letters/collection letters. Are you still communicating with ASC about a modification?
Is your home underwater? Do you have enough income to qualify for a modification?

You could also send ASC a request for the total amount due to get your account current, this will give you an idea of the reinstatement total... I would not deal with the collection agency at ALL.... And please do not send them any MONEY or sign any documents.

In the event that you receive a foreclosure complaint, yes you could answer the complaint on your own or hire an attorney.
Filing PRO SE is not easy but you will save tons of cash. Unless you feel there was some fraud commited in your mortgage documents then an attorney would be worth the cash. Lets face the facts, You own someone the money, you just need to figure out what entity is the correct entity to collect your hard earned money..

I hope this helps a little, remember to do what you are most comfortable in doing. Its your home and you know best.

Keep us posted.

Best regards
Nj-19 Months
Acesfull/HWP
 

acesfull

LoanSafe Member
Nov 5, 2008
2,216
110
63
NEW JERSEY
Hi Walkin

I don't think the C&D letter will hurt you in anyway. Read the post above and the letter I suggested NJHomeowner send out.
It will only take you a minute to write, send it off CMRRR. The main reason for sending the letter is to stop the BS collection activity and to also reserve your rights under the Fair Debt Collection Practices Act.. Your dealing with a third party collection agency, they will not sue if they feel you will challenge there complaint.
Sending the dispute and C&D in the same letter only cost the price of a stamp and the cost for CMRRR.
They will fold like a tent in a wind storm.. They know they have no contract or agreement with you, so challenge them and they will go away like thieves in the night.
Best regards

Nj-19 Months
Acesfull/HWP
 

walkin

LoanSafe Member
May 1, 2012
361
6
18
Thanks aces, I'll get it done. I actually thought about being a ja, and throwing in something like "if you can prove that I owe you this debt, I will offer you $500 to settle it in full. I am not interested in negotiating, so that's my final offer. If you accept this settlement offer, send me all details via USPS. If you refuse to accept $500 to settle in full, please do not contact me again.". Might be stupid, but the idea made me chuckle.
 

NJHomeowner

LoanSafe Member
Jun 12, 2012
163
0
0
Acesfull I truly appreciate all your help. Yes I do have a Heloc the home is not underwater it is about even maybe a little under if you include all the rears. In the past I have been refereed to the firm in question by ASC when my first Mod was declined because of (Debt to Income) and was told to call them for reinstatement information. I am still trying to get a Hamp Mod thru ASC and presently getting docs together. When I have asked ASC about reinstating back a couple months ago they refereed me to the said firm in question.

We do want to keep our home and have almost enough to get even with a reinstatement between what we have and what my parents can lend us ... But a Mod is what we need as I presently have a fixed 30yr with 8.75 %. My wife is employed and makes about 65K ...I am making Zero because of having to close the doors to my biz that was losing money. I can not collect unemployment because I am not eligible. But seeking employment right now. I do have an ace in the hole... as my son is finalizing a divorce and moving back in and makes over 120k and is willing to commit the amount of income needed towards the Mod that will allow us to qualify. Old debt that we are not paying on could be a problem... 2nd Property in Foreclosure which we do not want , CC's Charged off, Boat repo charged off might be my dilemma as I am not sure if HAMP will still consider that a monthly expense( not sure whether to list them in the paper work...again we do not pay anything on them. Without that as an issue I think we would have a good shot as I can have my son commit in an affidavit statement just enough income towards household so we can get a favorable Mod. BK 7 after the Hamp Mod is permanent is probably eminent but holding off for now trying to get the Modification.

The timing of all this especially with the start of foreclosure process is why we are so stressed...again we want are home and truly want to keep it.....Just need the right plan of attack!!

Anymore advice is very welcome as you are very familiar with the NJ Foreclosure process!!

By my math you started all this almost 4 years ago that is amazing!!! More power to you sir!!!

Hi Njhomeowner- My servicer is/was AHMSI--- Investor is US Bank National Association in trust XXXX

I received the foreclsoure complaint after missing 9 payments however since 2008 I probably only made 4 payments.
I had two mod's and then I tried for a principle reduction, no luck with PR. The home is about 160k underwater and the yearly taxes are 8k... I decided to play The Hampster Wheel about 19 months ago. Presently home is in foreclosure with bank winning a summary judgment last week. I handled the foreclosure complaint PRO SE, a good foreclosure defense attorney's fees would be somewhere between 20k-30k with no guarantee of a victory however they may get you to the negociating table should you desire to keep the home.. I decided to try and live rent free for as long has possible and enjoy my life instead of being a slave to my home.

Now onto you. Do you have a heloc or 2nd mortgage on the home? Reason I am asking is I am not sure why a debt collector/law firm would be sending you dunning letters/collection letters. Are you still communicating with ASC about a modification?
Is your home underwater? Do you have enough income to qualify for a modification?

You could also send ASC a request for the total amount due to get your account current, this will give you an idea of the reinstatement total... I would not deal with the collection agency at ALL.... And please do not send them any MONEY or sign any documents.

In the event that you receive a foreclosure complaint, yes you could answer the complaint on your own or hire an attorney.
Filing PRO SE is not easy but you will save tons of cash. Unless you feel there was some fraud commited in your mortgage documents then an attorney would be worth the cash. Lets face the facts, You own someone the money, you just need to figure out what entity is the correct entity to collect your hard earned money..

I hope this helps a little, remember to do what you are most comfortable in doing. Its your home and you know best.

Keep us posted.

Best regards
Nj-19 Months
Acesfull/HWP
 
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acesfull

LoanSafe Member
Nov 5, 2008
2,216
110
63
NEW JERSEY
Hi Walkin

Dont offer them anything. An offer is a sign of weakness...
Dispute and C&D, when and if they come forward with proper/legal validation, then start making offers.
Call there bluff... LOL

Best regards

Nj-19 Months
Acesfull/HWP
 

acesfull

LoanSafe Member
Nov 5, 2008
2,216
110
63
NEW JERSEY
Hi Xevets

I hear you about the courts, it seems now that the banks threw some bribe money at the States that the courts are forgetting about LAW and simply moving thru there case dockets. They figure not to many people will file appeals and they are correct, filing appeals is time consumming and very costly and very few appeals get heard. I believe the federal BK court is our next best option.

If you have any questions or concerns about your situation post away and I will try to help as best I can.
Keep up the fight.

Best regards
Nj-20 Months
Acesfull/HWP