Foreclosure & Mortgage Issues

Information will be posted and discussed here regarding the foreclosure and mortgage situation facing many Americans.  Make sure to check often since Carl keeps me updated with important information that you may need to use in your cases.


65 Responses to Foreclosure & Mortgage Issues

  1. Terri says:

    Forclosure Info That Should Win Your Case For Fraud Against MERS!
    From Debbie,

    I have been collecting a LOT of info about the foreclosure fraud by mortgage companies, banks and others. I will be sharing it in sections, as there is a lot and I don’t want you to miss anything because of a long list. So I will start with the TWO most important pieces of evidence that should settle your case immediately. PERIOD! And that is because it is MERS, in their OWN words, saying that they are NOT the holder of the note OR deed and are only the nominee.

  2. Terri says:


    SEE 01.28.2011 NJ CT OF APPEALS REVERSE NO STANDING -WELLS-FARGO-BANK-N-A-As-Trustee-Respondent-V-SANDRA-a-FORD-Appellant[1]


    This appeal presents significant issues regarding the evidence required (E.S.) to establish the standing of an alleged assignee of a mortgage and negotiable note to maintain a foreclosure action.

    Wells Fargo claims that it acquired the status of a holder in due course as a result of this assignment and therefore is not subject to any of the defenses defendant may have been able to assert against Argent.

    Wells Fargo asserted that Argent had assigned the mortgage and note to Wells Fargo but that the assignment had not yet been recorded.

    Wells Fargo subsequently filed a motion for summary judgment. This motion was supported by a certification of Josh Baxley, who identified himself as “Supervisor of Fidelity National as an attorney in fact for HomEq Servicing Corporation as attorney in fact for [Wells Fargo].”

    Baxley’s certification stated: “I have knowledge of the amount due Plaintiff for principal, interest and/or other charges pursuant to the mortgage due upon the mortgage made by Sandra A. Ford dated March 6, 2005, given to Argent Mortgage Company, LLC, to secure the sum of $403,750.00.” Baxley did not indicate the source of this purported knowledge. Baxley’s certification also alleged that Wells Fargo is “the holder and owner of the said Note/Bond and Mortgage”

    The documents defendant alleged were forgeries included a purported handwritten note by her stating that she was employed by Bergen Medical Center at a monthly salary of $9500, even though her actual income was only approximately $10,000 per year.
    Defendant also alleged that “[t]he estimate for closing fees that was given to me prior to closing was around $13,000.00 and the Good Faith Estimate of Closing Costs was for $13,673.90 but on the closing statement they were $36,259.06.”

    On appeal, defendant argues that (1) Wells Fargo failed to establish that it is the holder of the negotiable note she gave to Argent and therefore lacks standing to pursue this foreclosure action; (2) even if Wells Fargo is the holder of the note, it failed to establish that it is a holder in due course and therefore, the trial court erred in concluding that Wells Fargo is not subject to the defenses asserted by defendant based on Argent’s alleged predatory and fraudulent acts in connection with execution of the mortgage and note; and (3) even if Wells Fargo is a holder in due course, it still would be subject to certain defenses and statutory claims defendant asserted in her answer and counterclaim.
    We conclude that Wells Fargo failed to establish its standing to pursue this foreclosure action. Therefore, the summary judgment in Wells Fargo’s favor must be reversed and the case remanded to the trial court. This conclusion makes it unnecessary to address defendant’s other arguments.

  3. Terri says:

    Court Rules for 68 home owners stopping the foreclosures in Possible Class Action California suit against (MERS banks) Aurora and Deutsche Bank

    Lenore Albert the attorney who filed a Class Action status in California for those who are similarly situated and have Aurora Loans and Deutsche Bank, both of which are MERS banks, had the court rule for those who have joined the suit 68, foreclosures have been stopped! The Class Action has not been certified as of yet by the court.

    Lenore Albert linked the notification of the court ruling to me last night. This is Huge!

    Here is a link to her website – Interactive Counsel

    Here is the link to the ruling.

  4. Terri says:

    Sent to me by Carl.
    The True Face of Foreclosures: File as an Exhibit in the Record of your case!

  5. Terri says:

    Also from Carl.
    Hemric Forensic Loan Investigation and/or Securitization Audit Reports

    Need help to bring down Rogers, Townsend and Thomas…. third party debt Collectors from hell. These loans are part of Wells Fargo and the wife of the assistant disrtict attorney in the cyberstalking allegation is Senior Trust Administrator with WELLS FARGO PRIVATE BANK,Winston-Salem, N.C. the same town as is the attorney for the embezzler of the Regions Bank d/b/a Regions Mortgage formerly Unioin Planters Mortgage… also dirty hands in the trust fund scam business… Google them… funds from my mother’s Wachovia — Wachovia/Wells Fargo… All roads eventually lead to the stench of these banking and lending facilities and all the Sun Trust/Regions/Carlolina Farm Credit/Central Carolina Bank now d/b/a Sun Trust Bank d/b/a Sun Trust Mortgage, Inc.. who withheld the payoff on the 62 years long home of my mother… this is beginning to be one of the smelling forclosures ever… The sheriff is now gone, he plead guilty to 9 misdeamenors in a plea bargain… the Deputy sheriff “retired” in late November, the Magistrate had me falsely arrested and charged with cyberstalkig “retitired” in December and Federal Trustee Services has flound that all these three Regions Loans were predatory and not enforceable… Wayne Dixon, the Yadkin County Clerk of Court needs some publicity… as does the judge who recused himself and then signed off on a mental exam for me…. the party who requested a mental evaluation of the Clerk of court on August 17, 2010. Mine was to determine IF I knew what I was charged with… Do you think the judge and the assistant DA will understand what they are charged with in this unjustified and intentional fraud upon the couirt… Maybe the wife of Brooke Webster would liketo explain that wire transfer that crossed state lines witjout Wachovia Bank ever seeing that now infamous Power of Attorney in Fact. Till later… in court tomorrow… Pray long, pray hard that we can finish the Yadkin County exposures… safely… This is the new war zone…homegrown terrorists… the real estate agents and the prosecutors… of false claims.. a new kind of living hell.

    Title Report 4484

    012011Hemric4484 Forensic Audit

    RHemric4484 Securitization Audit

    Title Report 4836

    012011Hemric4836 Forensic Audit

    RHemric4836 Securitization Audit

    012011HemricMeadowbrook Forensic Audit

    RHemricMeadowbrook Securitization Audit

  6. Terri says:


  7. Terri says:

    Judge Finds MERS Has No Right To Transfer Mortgages, Finds Entire MERS Process Illegal

  8. Daryl says:

    I agree with everything you’re saing let’s move forward

  9. Terri says:

    Thank you Daryl!

  10. Terri says:

    Latest positive news on foreclosures– an encouragement

    Seems like this judge has his shoes on the right feet! He should be cloned, and one of him put on every court. I hope he sticks to his principles!

    Imagine: a judge who actually read and understood the fraud attempted by fellow BAR-members and did not allow them to “get away with it”!!! He should be publicly applauded for dealing truly.

    May everyone be blessed with a righteous judge in every court case, not just a foreclosure!

    The hearing on this order was this morning. According to the article, the Judge brained and bludgeoned these scumbuckets into a grease stain on the floor.

    Seems this case was dismissed WITH Prejudice!!!!

  11. Terri says:

    A Law Firm points out the obvious: the servicer “merely loaned [the PLAINTIFFS] MONEY in the form of a mortgage loan”).”


    IF you look carefully within this document you will see where this LAW FIRM admits:

    Page 17:
    “Borrower is not a consumer for Texas DTPA purposes. See, e.g., Baker v. Countrywide Home Loans, Inc., No. 3:08-CV-0916-B, 2009 WL 1810336, at *6

    (N.D. Tex. Jun. 24, 2009) (finding that under the Texas DTPA the plaintiffs were
    not consumers with regard to the defendant mortgage servicer, because the servicer “merely loaned [the plaintiffs] money in the form of a mortgage loan”).”


    Would any homeowner with full knowledge agree to:
    1. give their money to a bank (servicer) and then
    2. allow the servicer to loan their own money back to them at interest OR
    3. ALLOW the servicer to foreclose and take THEIR PROPERTY (that the homeowner/buyer has received and paid for in full?

    WHO were involved in commiting the first crimes (Fraud, Conspiracy to Defraud, and Counterfeit Securities)?

    WHY is it that most Pro Se plantiffs never present a CAUSES OF ACTION against the original lender, and all participants for:
    * FRAUD,

    The attached presentation by a Law Firm designed to inform other defense lawyers how to combat Pro Se plantiffs is filled with sepecific tactics a Pro Se plantiff can use to their benefit….. read carefully and USE IT.

  12. Terri says:

    Well what do we have here?







    It’s about damn time.

    That ought to put an immediate and complete stop to the crap that banks continually run about having “substitute” documents or having an assignment when they really don’t. Note that this bill (which apparently was just voted out of committee 4-0 in the Senate, and which has a companion in The House) will put an absolute stop to any foreclosure where the originator of the note did not transfer it properly (that would be, I’d argue, most of them) and it will render void upon suit by any person who is foreclosed upon and discovers that the note was never properly conveyed.

    Ex-post-facto “cleanup” BS games will be rendered impossible by this bill.

    The bottom line is this: Either the original issue of that mortgage and its subsequent securitization went through all previously-required assignments and you can prove it or your ability to convey a title via Trustee Sale is gone.

    Awwww those poor widdle banksters that cheated on the rules.. looks like Arizona has had enough of their games and is going to body-slam them all in favor of their citizens. BRAVO!

    Now to get this introduced and passed in all 50 states… a refreshing instance of legislation that actually both defends property rights and fits on one page!

    Hattip Halfbrite

    SB 1259 – Introduced Version – Arizona State Legislature via

  13. Terri says:

    Big banks to pay for poor handling of foreclosures

    Friday, February 18, 2011

    Big banks to pay for poor handling of foreclosures
    A Senate committee is told that bank regulators will issue sanctions and order remedial actions.

    By RONALD D. OROL MarketWatch

    WASHINGTON – Major U.S. banks are about to get penalized for “critical deficiencies” and shortcomings in how they handled foreclosures, a top federal regulator said Thursday at a Senate Banking Committee hearing examining the Dodd-Frank Act six months after its congressional approval.

    Federal Reserve Chairman Ben Bernanke testifies on Capitol Hill Thursday during the Senate Banking Committee hearing on financial reforms passed six months ago.

    The Associated Press
    Select images available for purchase in the
    Maine Today Photo Store

    Fed chief updates Senate on overhaul of financial rules

    WASHINGTON – Federal Reserve Chairman Ben Bernanke says the central bank is working closely with other regulators to implement the biggest overhaul of the nation’s financial rules since the 1930s.

    The law enacted last year aims to protect the country from another financial crisis like the one that hit in 2008 and plunged the economy into a deep recession.

    The Fed chief testified at a Senate Banking Committee hearing Thursday, saying work is under way to set up a government agency housed within the Fed for protecting consumers from abusive practices.

    Bernanke said regulators should “do the best that we can” to identify which institutions are so big and interconnected that they could pose serious risk to the stability of the financial system. There should be guidelines and not hard and fast rules, he indicated.

    “It is a difficult problem,” Bernanke said. “It will never be a perfect process.”

    Firms in that category will have to meet tougher standards, and could be broken up if they threaten the system.

    – The Associated Press

    “These deficiencies have resulted in violations of state and local foreclosure laws, regulations or rules,” said Acting Comptroller of the Currency John Walsh. Banking regulators are preparing sanctions and “remedial requirements,” he said.

    The Office of the Comptroller of the Currency and other bank regulators, including the Federal Deposit Insurance Corp., have been investigating loan servicers in the wake of revelations about foreclosure-documentation errors at big banks and a stalled application process for many troubled borrowers seeking to modify their mortgages.

    Regulators have been reviewing files in response to concerns that mortgage-servers are improperly racing documents through the foreclosure process.

    Companies that service loans, often owned by the biggest U.S. banks, collect a fee for handling all aspects of a loan, including sending monthly payments to mortgage investors, maintaining records and collecting and paying taxes and insurance.

    The regulators conducted foreclosure-processing examinations at servicers owned by Bank of America Corp., Wells Fargo & Co., JPMorgan Chase & Co., and Citigroup Inc., according to Walsh’s testimony. Each of the banks is also among top securitizers of mortgage loans and holders of second mortgages.

    Companies also examined included Ally Financial Inc., formerly known as GMAC; MetLife Inc.; PNC Financial Services Group; and SunTrust Banks Inc.

    Walsh said the bank servicers fell short in monitoring third-party law firms and vendors.

    “By emphasizing timeliness and cost efficiency over quality and accuracy, examined institutions fostered an operational environment that is not consistent with conducting foreclosure processes in a safe and sound manner,” Walsh said.

    He added that a small number of foreclosure sales should not have proceeded because the borrower had already been approved for a trial modification or had filed for bankruptcy shortly before the foreclosure action.

    But John Carey, spokesman at Americans for Financial Reform, said he is skeptical that the sanctions imposed on banks for servicer failures will be commensurate with each institution’s violation.

    “We believe that the OCC is clearly trying to catch up, but they have a record of standing in the way of protecting borrowers,” Carey said of the Office of the Comptroller of the Currency. “Systemic failures by some of the country’s biggest banks occurred — and continue to occur — on the OCC’s watch.”

    Federal Reserve Chairman Ben Bernanke said he and other regulators have learned many lessons from the crisis including the importance of being “very aggressive” with banks and not allowing “too much leeway” in risk management.

    “We’ve done a lot to try to strengthen and improve our supervision from a day-to-day basis. But we’ve also done a good bit to restructure the internal process . . .,” Bernanke said in response to a question from Sen. Richard Shelby, R-Ala.

  14. Terri says:

    N.Y. Supreme Court – Vacates Judgment – EMC (MERS bank) Mortgage NO Rights to Foreclose! Owner Won Case Pro Se (she did it herself!!!!)

  15. Terri says:

    Bam! Another Foreclosure Suit Filed

    NOTE: These two listed are members at YRIITL who have joined The National Law Suit – more to follow. These are NEW CHARGES, hence this special eMail Notification. Normally, just joining the Joinder would not warrant an announcement. I show you these because of the additional charges being filed.

    NEW FILING against BA/Countrywide filed by Kramer on 2/16/2011!

    See attached especially Plaintiff #196 pg 43 (Susan Gallagher) and Plaintiff #187 pg 41 line 13 Jose Delgado!!

    More counts in this suit also.

    Country Wide BofA Feb 2011 Complaint

  16. Terri says:

    Lenders Forced to Suspend Thousands of Foreclosures – Democracy NOW!

  17. Terri says:

    Foreclosure Class Action Example Template: Edit and File in your State!

    Class Action IL Amended Complaint Final

  18. Terri says:

    Bank of America, Wells Fargo See “significant legal costs” from foreclosures

    This may help slow them down !

    Bank of America, Wells Fargo See Fines, Actions on Foreclosures
    By Dakin Campbell – Feb 26, 2011 12:00 AM ET

    Bank of America Corp. and Wells Fargo & Co., the largest U.S. mortgage firms, said they may face fines or enforcement actions from regulators amid investigations into foreclosure procedures.

    The probes may also lead to “significant legal costs,” Charlotte, North Carolina-based Bank of America said yesterday in its annual report to the Securities and Exchange Commission. Wells Fargo, based in San Francisco, said in its filing that penalties are likely.

    “I’m sure the banks are ready to put this past them and investors would certainly like to but this is not an issue that is going to go away,” Blake Howells, an analyst at Becker Capital Management Inc. in Portland, Oregon, said in an interview. “There will be more lawsuits that come down the road.” Becker Capital oversees $2.4 billion.

    The largest U.S. banks have been trying to reassure investors that costs from faulty foreclosure documents are manageable. Wells Fargo said yesterday it didn’t expect litigation costs to have a “material adverse” impact on its financial position. Bank of America said it faced $230 million in fees from slowed foreclosures.

    Bank of America halted foreclosures in all 50 states in October and announced in a Nov. 5 filing that it was reviewing as many as 102,000 cases to screen for faulty practices. Attorneys general in all 50 states are investigating foreclosure practices amid revelations that lenders were seizing homes without proper documents to prove they had the right to do so.

    $20 Billion Deal
    U.S. regulators may try to extract $20 billion of penalties in a settlement with banks that serviced flawed loans, two people briefed on the talks said this week. Terms of an accord, from regulators led by the Treasury Department and Department of Housing and Urban Development, haven’t been formally presented to banks, according to the people, who spoke on condition of anonymity because the discussions aren’t public.

    Bank of America also said a bondholder group pressuring the lender to repurchase soured mortgages has almost doubled the number of securitizations it’s challenging.

    The group is disputing 225 securitizations, up from 115 as of Oct. 18, according to Bank of America’s filing. Pacific Investment Management Co., BlackRock Inc. and the Federal Reserve Bank of New York are among the investors, people familiar with the matter said in October.

    “On the putbacks, investors have braced themselves for a multiyear workout,” Howells said. “This might, on the margin, make people rethink the potential size of the liability.”

    Costs of Litigation
    Wells Fargo said the high end of estimated litigation losses could be $1.2 billion beyond the reserve already set aside. Bank of America’s losses may be as much as $1.5 billion.

    Also yesterday, Citigroup Inc., the third-largest U.S. bank by assets, said U.S. regulators are examining how it structured and sold collateralized debt obligations as part of an investigation into mortgage-related businesses.

    The bank is cooperating with the Securities and Exchange Commission and other watchdogs, the New York-based company said in a filing. The probe is part of inquiries involving Citigroup’s “subprime and other mortgage-related conduct,” and other businesses affected by the credit crisis, it said.

    To contact the reporter on this story:
    Dakin Campbell in San Francisco at

    To contact the editor responsible for this story: David Scheer at

  19. Terri says:

    Bank of America paid out 46 Billion for FRAUD MBS to PIMCO and Fed! MERS Fraud Mortgages!

  20. Terri says:

    Man Who Led Foreclosure Scam Sentenced

    SAN DIEGO — The “brains” behind a scam in which hundreds of homeowners were falsely told that “land patents” would protect their properties from foreclosure was sentenced Friday to 20 years and four months in state prison.

    Larry Smith, 63, was found guilty last June of 21 felony counts, including grand theft and unlawful practices by a foreclosure consultant.

    Deputy District Attorney Marlene Coyne told jurors that Smith and 17 co-defendants had homeowners shell out thousands of dollars for “land patents” under a false promise that their homes would be protected from foreclosure.

    The 10News I-team investigated Smith years ago, showing how he convinced people that Spanish land patents from the 1800s could be used to keep the banks and government at bay during foreclosure proceedings.

    Authorities said all of it was a lie but beautifully presented by Smith and his team of co-conspirators at well-attended seminars.

    Coyne said, “They put on a road show that was incredibly convincing, especially to people who were suffering, facing balloon payments they knew they couldn’t make.”

    Half-dozen victims testified that they lost their homes because of the scam, and others were left to negotiate how to catch up on their payments to their mortgage holders.

    Coyne said she presented 43 victims at the trial before Judge Laura Halgren.

    “They were just the tip of the iceberg,” the prosecutor said outside the courtroom.

    Hundreds were bilked around Southern California, the San Francisco Bay Area, Hawaii and other places, she said.

    Mili Alto, who lost her home, told 10News that jail time isn’t enough.

    “Let God deal with him. I cannot judge, but I think he hurt too many people,” said Alto.

    Halgren allowed Smith to talk prior to handing down the sentence.

    “The defendant is an artificial entity, a transmitting utility,” Smith said, referring to himself.

    Smith — who has prior convictions for second-degree murder, robbery and burglary — and 17 co-defendants put on seminars that convinced people that declaring sovereignty would help them avoid foreclosure on their homes.

    The sovereignty concept was “nonsense,” according to Coyne.

    The prosecutor said Smith used cash and money orders obtained from the victims to purchase three homes, buy a Mercedes-Benz worth more than $100,000 and travel first-class with some of his female co-defendants.

    “Larry Smith was definitely the brains of the organization,” Coyne said.

    A jury deliberated into a third week before finding the defendant guilty.

    The victims have received little, if any, of their lost money.

    Authorities said just under $100,000 was discovered in a safe in one of Smith’s homes, but it’s being held as evidence in another prosecution.

  21. Terri says:

    JPMorgan Fighting 10,000 Lawsuits: FILE! FILE! FILE!

    NEW YORK (TheStreet) — JPMorgan Chase (JPM_) is a defendant in more than 10,000 legal proceedings and may be $4.5 billion short of reserves needed to cover those costs in a worst-case scenario, the firm said in a regulatory filing on Monday.

    The New York-based bank’s legal woes range from individual actions against JPMorgan Chase to class actions with “potentially millions” of litigants to “regulatory/government investigations.” The suits include common law tort and contract claims, statutory antitrust claims, securities claims and consumer protection claims, the bank said in its 10-K filing with the Securities and Exchange Commission.

    JPMorgan is the last of the four big U.S. banks to detail some of its exposure to litigation in its annual report. While the banks didn’t say what their overall litigation reserves are, JPMorgan, Citigroup (C_), Bank of America (BAC_) and Wells Fargo (WFC_) outlined a potential $11.2 billion shortfall in litigation reserves altogether.

    Last week, Citi said it might fall $4 billion short, while BofA said it might be $1.5 billion behind legal cost reserves and Wells Fargo said it might be $1.2 billion behind.

    Banks’ legal woes have gotten much attention ever since the so-called “robosigning” scandal erupted last fall. Banks made a practice of letting employees sign off on thousands of foreclosure affidavits without properly vetting the underlying information. In some cases, homes were seized and in others there is doubt over who rightly owns the property – both in terms of mortgage-bond investors and in terms of occupants.

    Regulators and all 50 state attorneys general have been investigating big banks’ mortgage practices. Federal agencies are trying to pull together a plan to settle with big mortgage servicers in a deal that may result in billions of dollars’ worth of principal forgiveness for troubled borrowers. The result of private litigation is more difficult to predict.

    In a conference call last month, JPMorgan CEO Jamie Dimon predicted that securitization lawsuits alone will be a long, difficult battle.

    “It is going to be years before this plays out and this litigation is going to be fought almost securitization by securitization,” Dimon said. “There is almost no other way to do it.”

  22. Terri says:

    Homeowners Demand Criminal Prosecutions In Foreclosure-Fraud Deal

    First Posted: 02/25/11 02:54 PM Updated: 02/25/11 04:20 PM

    WASHINGTON — Fifty state attorneys general and nearly a dozen federal agencies are currently hashing out plans for a multibillion-dollar settlement with some of the nation’s largest banks over alleged mortgage abuses. But some consumer advocates argue that the figures being discussed are too small to account for the economic damages incurred, and say no deal will be acceptable without criminal prosecutions of the bankers. There is no indication that such charges will be filed under the deal currently being negotiated.

    By contrast, more than 1,100 bankers went to jail after the savings-and-loan crisis of the late 1980s and early 1990s. Because regulatory fines are typically levied against institutions rather than key decision-makers accused of wrongdoing, consumer advocates view them as a relatively weak deterrent against future abuses.

    “You’ve got all of the top law enforcement officials investigating the foreclosure crisis, and it seems like if they found evidence that people broke the law, there would be criminal penalties,” said George Goehl, the executive director of National Peoples’ Action, an anti-foreclosure group. “There’s no reason to go to all this trouble and not take that final step. It’s mind-boggling for them to be considering letting all these guys off the hook.”

    On Thursday, as federal regulators contemplated a settlement of up to $30 billion, National Peoples’ Action delivered a petition with over 8,900 signatures demanding that state officials file criminal charges and compensate wronged homeowners.

    “Home prices have plummeted by $9 trillion over the last four years because of the massive fraud that the big banks perpetrated on the American people — $20 billion is chump change, especially when you divide that amongst the nation’s 14 largest banks,” said one of the petitioners, Gina Gates from San Jose, Calif., who claims to have lost her home fraudulently to JPMorgan Chase. Gates was referring to an earlier Wall Street Journal story, which cited $20 billion as a potential settlement amount.

    Advocates like Goehl were heartened by statements late last year from Iowa Attorney General Tom Miller, who vowed to “put people in jail” as part of the 50-state investigation into fraud in the foreclosure process.

    Miller has since backpedaled dramatically from that claim. In a January town hall meeting (see video below), Mike McCarthy, a local union leader and deacon at the St. Ambrose Cathedral in Des Moines, asked Miller anew, “Are we going to put some people in jail?”
    Story continues below

    The attorney general offered a tepid response, saying that law enforcement officials were negotiating with banks over whether or not bankers would be prosecuted.

    “I don’t feel like I should talk about what’s gonna be in the agreement and what isn’t going to be in the agreement,” Miller said. “That’s something that we have to hammer out with the Justice Department and with the federal people and with the banks in a negotiating session.”

    This is no time to aim low, argues Lisa Donner, the director of Americans for Financial Reform, a coalition lobbying for increased regulation.

    “The record of abuses is astounding,” Donner told HuffPost. “There’s a lot of leverage for regulators, and there’s a lot at stake.”

    Even some officials at the Federal Reserve, which is principally charged with maintaining the stability of the banking system rather than protecting consumers, are sounding the alarm against foreclosure abuse. In a speech this month before bankers in Utah, Fed Governor Sarah Bloom Raskin declared the foreclosure system “broken” given what she described as “widespread” problems. Raskin even suggested that bankers had broken the law in foreclosure proceedings, a rare allegation for central bank officials.

    “Going forward, the … industry must foster an operational environment that reflects safe and sound banking principles and compliance with applicable state and federal law,” Raskin said, according to prepared remarks released by the Fed.

    The Federal Reserve, the Office of the Comptroller of the Currency, the Treasury Department, the Federal Deposit Insurance Corporation and the Consumer Financial Protection Bureau all declined to comment for this story, citing ongoing negotiations.

    “We as attorneys general are working very closely with nearly a dozen federal agencies on a settlement,’ Miller spokesman Jeff Greenwood told HuffPost. ‘We have not finalized anything and I don’t want to speak for the federal government, but our understanding is that none of those agencies have finalized anything either.'”

    Watch Miller’s exchange with Iowa homeowners:

  23. Terri says:




  24. Terri says:

    Lawmakers Pushing Back Against Banks’ Foreclosure-Settlement Complaints

    WASHINGTON — As bank executives push back against the terms of a foreclosure settlement with fees that may be as high as $20 billion, progressive legislators, federal regulators and public interest watchdogs argue that securing appropriate relief to wronged homeowners is a critical step for restoring business confidence and reinvigorating the housing market.

    Of particular concern to several lawmakers was an item from Friday’s edition of Politico’s Morning Money newsletter, in which bank executives targeted by the regulatory probe complained about the possible fines:

    “The executives view the idea as a naked shakedown by regulators, especially at the [Consumer Financial Protection Bureau]. There is little enthusiasm for signing on to it. They also view it as a direct contradiction of the administration’s attempt to take a ‘pro-business’ stance. ‘How can they be business- friendly and sign-off on something like this?’ one executive said.”

    “The idea that enforcing the law is anti-business, that the rule of law is anti-business, is outlandish,” Rep. Brad Miller (D-N.C.) countered. Miller is one of the top mortgage market experts in Congress, and was closely involved with many of the predatory-lending rules included in last year’s financial reform legislation.

    “No person or company is above the law,” Sen. Sherrod Brown (D-Ohio) said. “And that’s good for capitalism, it’s not anti-business, and it’s not a minor inconvenience that can be ignored in pursuit of bigger profits. If you ask the Ohioans who write and call my office every day, they will tell you about their experiences with poorly maintained, lost, or forged documentation at the biggest mortgage servicers.”

    Brown, along with Sen. Jeff Merkley (D-Ore.), helped author several key sections of last year’s financial overhaul. In an interview, Merkley said the need to help borrowers avoid foreclosure would be good for the housing market.

    “With more than a million American families a year losing their homes, it is essential we do everything possible to prevent future foreclosures and bolster the housing market,” Merkley said. “Poor underwriting standards from lenders and a lack of systemic responsiveness from servicers contributed to the collapse of the housing market and continue to plague families facing foreclosure.”

    A Capitol HIll staffer who requested anonymity noted that the settlement was conceived as a benefit for financial markets, giving investors and banks certainty about their total liability from wrongful foreclosures rather than thousands of individual court cases.,b=facebook

  25. Terri says:

    Florida Foreclosure Lawyer Contempt Transcript Ben-Ezra & Katz, P.A. / Central Mortgage Company vs. Gonzalez Del Real. et al, Florida Case No. 09-4075 CA 01, February 11, 2011, Judge Lando Hearing]

    Florida Foreclosure Lawyer Contempt Transcript

  26. Terri says:

    SEC Charges Former Treasurer of Major Mortgage Lender for Role in Securities Fraud and TARP Scheme

  27. Terri says:

    Just Released | 50 State Attorney General 27 Page “Settlement” on Fraudclosures < Foreclosure Fraud – Fighting Foreclosure Fraud by Sharing the Knowledge

    Time to sue the States! File! File! File!

  28. Terri says:

    Another Foreclosure BAM! Jeff Brown Case. Lis Pendens in Quiet Title Action

    Notice of Lis Pendens in Action to Quiet Title JEFF BROWN

  29. Terri says:

    OPERATION LEAKS – Ex-Bank-of-America-Employee-Can-Prove-Mortgage-Fraud-Part 1


    For the last 7 years, I worked in the Insurance/Mortgage industry for
    a company called Balboa Insurance. Many of you do not know who Balboa
    Insurance Group (soon to be rebranded as QBE First by Australian
    Reinsurance Company QBE according to internal communication sent to
    all Balboa associates) is, but if you’ve ever had a loan for an
    automobile, farm equipment, mobile home, or residential or commercial
    property, we knew you. In fact, we probably charged you money…a lot of
    money…for insurance you didn’t even need.

    Balboa Insurance Group, and it’s largest competitor, the market leader
    Assurant, is in the business of insurance tracking and Force Placed
    Insurance (aka Lender Placed Insurance, FOH, LPI, etc). What this
    means is that when you sign your name on the dotted line for your
    loan, the lienholder has certain insurance requirements that must be
    met for the life of the lien. Your lender (including, amongst others,
    GMAC, Aurora Loan Services [a subsidiary of Lehman Bros Holdings],
    IndyMac Federal Bank [a subsidiary of OneWest Bank], Saxon, HSBC,
    PennyMac [a collection agency started by former Countrywide Home Loans
    executive Stan Kurland after CHL and Balboa were sold to BAC], Downey
    Savings and Loans, Financial Freedom, Select Portfolio Services, Wells
    Fargo/Wachovia, and the now former owners of Balboa Insurance
    themselves…Bank of America) then outsources the tracking of your loan
    with them to a company like Balboa Insurance.
    Balboa makes some money by charging these companies to track your
    insurance (the payment of which is factored into your loan). If you do
    not meet the minimum insurance requirements set by your lienholder,
    Balboa Insurance places a force placed insurance policy on your loan.
    You are sent a letter telling you that you do not have insurance, and
    your escrow account is then adjusted for the inflated premium of a
    full coverage policy placed by Balboa’s insurance tracking group, run
    by Steven Ramsthel, Sr Vice President of Loan Tracking Operations &
    Customer Care at Balboa Insurance Group, as seen on his LinkedIn
    profile below:

    See more info at

  30. Terri says:

    Attention Eric Holder – Anonymous Indicates Widespread Insurance Fraud; Bank Of America Owns A Force Placed Insurance Subsidiary; Other Banks Earn Commissions

  31. Terri says:


    You should interpret this press release as just one further court ruling that strongly supports the following case #’s. NOTE: The Mass Joinder suit is not confided to foreclosure fraud; it’s also designed to provide principal and interest reduction to those who are still in their homes.

    B of A / Country Wide: Case# 302011004500819 – CU-MT-CXC
    Citibank: Case # BC452265
    Chase: Case # BC452262
    Wells Fargo/Wachovia: Case # BC 452264
    GMAC: Case # BC452263
    Indymac / One West: Case # BC452266

    Source: Associated Press
    As A Result Of The Recent Investigation Launched By The Florida Attorney General’s Office, Bank Of America, GMAC Bank, JP Morgan Chase, and others, have All Been Found Guilty Of Foreclosure Fraud.

    Depositions By The Banks Employees Revealed That The Banks Have Been Forging, Falsifying, And Fabricating Documents In Order To Foreclose On Millions Of Homes Owned By Unsuspecting American Homeowners.

    Additionally, Wells Fargo Bank Has Admitted To 55,000 Counts Of Perjury In Submitting False Affidavits To The Courts In Its efforts to fraudulently Foreclose on homeowners.

    To add to this disgusting, and arrogant display of lawlessness by the banks, nothing has been done by The Justice Department, or any other Federal Officials in the way of civil or criminal charges against the banks, until now.

    Recently, The Arizona And Nevada Attorney Generals have filed a civil lawsuit against Bank Of America for fraud against homeowners seeking loan modification, and hopefully there will be more lawsuits on the way, as the Obama Administration has also launched a Financial Fraud Enforcement Task Force to investigate and prosecute financial crimes in the lending and financial markets.

    As bank fraud has already proved to be pervasive, lets hope that this task force has the political will and integrity to prosecute the banks, and the corrupt attorneys who represent them.

    These are essentially mortgages that the banks knew they did not own, but were willing to break the law in order to put homeowners out on the streets to satisfy their insatiable greed for even more money.

    In spite of clear and convincing documented evidence, in the forms of deposition testimony by bank employees, the banks have been carrying on as if nothing ever happened, and federal officials have seemingly given them the green light to continueto break the law with impunity.

    Until such time as The Department Of Justice, The SEC, And The Attorney Generals of each state decide to take action against these criminal banks, homeowners have no choice but to implement their own available legal strategies to fight to save their homes.

    Because most of these foreclosure cases involve the banks inability to produce the promissory note in order to prove they have any legal rights to foreclosure, homeowners have several legal strategies available to them, in order to stop the banks from fraudulently foreclosing on their homes.

    One of the more popular strategies employed of late is the “Produce The Note” Strategy. As a large percentage of mortgage loans were securitized, and sold to investors all over the world, it has been difficult, if not impossible for the banks to produce the required documents that would establish their right to foreclosure, as those documents have been lost in the Wall Street ether. This is why the banks have attempted to forge and falsify the documents, but have been recently caught, and found guilty of fraud.

    Secondly, the homeowner can also file a civil suit against the banks for fraud, and make them prove they are the rightful owner of the note who is authorized to foreclose on the homeowner’s property.

    Last, but definitely not least, is the latest, and possibly most powerful strategy available, which may not require a homeowner to go to court at all if they are not in a foreclosure. It is strictly an administrative process pursuant to the Administrative Procedures Act Of 1946, by which the homeowner is legally able to reconvey the property title back into his/her name, thereby revoking any authority by the bank to foreclose on the property, and taking the property back usually within 90 days.
    This effectively puts the homeowner back in control, and forces the bank to deal with the homeowner, who now is negotiating from a position of strength, instead of begging the bank for help.

    Until such time as our Government Officials decide that they will uphold, and enforce the rule of law, and the U.S Constitution, and not allow themselves to be bought by the bank’s lobbyist, the American Homeowner must be willing to fight for their Constitutional Rights, and homes by any legal means necessary against the Federal Reserve, The Banks, and the wealthy Wall Street Barons, who created this mess with the full intention of fleecing the American Citizens from all of their remaining wealth in the form of equity in their homes.

  32. Terri says:

    Number of Fla. lawyers under investigation for foreclosure-related wrongdoing grows

  33. Terri says:

    Foreclosure Case Citations/Articles
    National Class Action against Mortgage Fraud

    Below is a bibliography of the Mortgage Morass. I have found the following articles, opinions, and depositions to be informative. I have not been able to present a balanced debate between the two sides to the Mortgage Morass question, because no one is arguing publicly that the banks have not already sold the mortgages they are foreclosing, or that foreclosing on mortgages one does not own is legal, or that the convenience of the banks trumps the law. The Wall Street Journal and others hint at this latter position, but they are not so imprudent as to articulate it.

    June 11, 2009:

    for Prof. William K. Black, “The Great American Bank Robbery,” Hammer Forum.

    June 23, 2009:
    for Neil Garfield, “Securitization in a Nutshell,” Living Lies.

    September 19, 2009:
    for Ellen Brown, “Landmark Decision Promises Massive Relief for Homeowners and Trouble for Banks,” Web of Debt. The Kansas Supreme Court in
    Case No. 98,489 (S.C. of Kansas, 31 August 2009), ruled that, where MERS is named in the mortgage as the original mortgagee’s nominee, but there is no assignment of the mortgage Note to MERS, MERS has no interest in the mortgaged property and therefore cannot either foreclose or assign the right to do so.
    In such situations, MERS is a mere “straw man” for the original mortgagee. “The real parties in interest concealed behind MERS have been made so faceless . . . that there is now no party with standing to foreclose.”

    December 10, 2009:
    for Ice Legal, P.A., “Deposition of Jeffrey Stephan [GMAC Robosigner]” in GMAC Mortgage v. Neu, Case No. 50 2008 CA 040805xxxx MB (Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida).

    April 7, 2010:
    for Christine Springer, “Class Action Certification Granted in Illinois for FDCPA Violation: Codilis & Associates,” Stop Foreclosure Fraud.

    April 14, 2009:
    for Joe Eaton, “The Appraisal Bubble: in Run Up to Real Estate Bust, Lenders Pushed Appraisers to Inflate Values,” The Center for Public Integrity (14 April 2009).

    March 12, 2010:
    for Alec Foege, “‘Foreclosure Mill’ Law firms Cash in Big on Homeowner Woes,” Housing Watch.

    April 29, 2010:
    for Law Office of Kenneth Eric Trent, “Deposition of Ms. Shannon Smith [David J. Stern’s Notary]” in Citimortgage, Inc. v. Brown, Case No. CACE 08-011097 (Circuit Court of the 17th Judicial Circuit in and for Broward County, Florida).

    August 1, 2010:
    for Lynn E. Szymoniak, “The Most Reviled Law Firm in Florida and the ‘Unowned Mortgage Loans’ Scheme,” Fraud Digest.

    September 23, 2010:
    for Ariana Eunjung Cha and Brady Dennis, “Amid Mountain of Paperwork, Shortcuts and Forgeries Mar Foreclosure Process,” The Washington Post.

    September 24, 2010:
    for Ariana Eunjung Cha,”Robo-Signer Linda Green Signed Documents that Let to Thousand of Foreclosures: Linda Green’s Changing Signature,” The Washington Post.
    for Attorney General Lisa Madigan, “Attorney General Madigan Demans Meeting with Mortgage Lender at Center of Foreclosure Controversy: GMAC Suspected of Submitting False Documents in Foreclosure Cases,” Office of the Attorney General of Illinois.

    September 26, 2010:
    for Lorraine Woellert and Dakin Campbell, “JPMorgan Based Foreclosures on Faulty Documents, Lawyers Claim,” Bloomberg News.
    for Gretchen Morgenson, “Raters Ignored Proof of Unsafe Loans, Panel is Told,” The New York Times.
    “D. Keith Johnson, former president of Clayton Holdings, a company that analyzed mortgage pools for the Wall Street firms that sold them, told the Financial Crisis Inquiry Commission that half of the mortgages he sampled from the beginning of 2006 through June 2007 failed to meet crucial quality benchmarks that banks had promised to investors.” Standard & Poor’s, Fitch Rating, and Moody’s Investors Service all ignored him. “It was against their business interests to be too critical of Wall Street.”

    September 27, 2010:
    for Yves Smith, “FUBAR Mortgage Behavior: Florida Banks Destroyed Notes; Others Never Transferred Them.” Naked Capitalism.

  34. Terri says:

    Click here for Attorney General Edmund G. Brown, Jr., “Demand that JP Morgan Chase Halt Foreclosures in California,” State of California, Department of Justice.

    Click here for Attorney General Richard Cordray, “Ohio Asks Courts to Review GMAC Foreclosures,” Reuters.

    Click here for Ariana Eunjung Cha, “7 Major Lenders Ordered to Review Foreclosure Procedures,” The Washington Post.

    Click here for Representative Alan Grayson, “Fraud Factories: Rep. Alan Grayson Explains the Foreclosure Fraud Crisis,” YouTube.

    October 1, 2010:

    Click here for Scot Paltrow and Jonathan Stempel, “GMAC Showed ‘Bad Faith’ in Maine Foreclosure: Judge,” Reuters.

    Click here for “Attorney General Asks CT Courts to Freeze Home Foreclosures 60 Days Because of Defective Docs,”
    Office of the Attorney General of Connecticut.

    Click here for Christopher Lewis Peterson, “Two Faces: Demystifying the Mortgage Electronic Registration System’s Land Title Theory,” Social Science Research Network.

    Click here for Jonathan Stempel and Maria Aspan, “BofA Suspends Foreclosures, States Eye JP Morgan,” Reuters.

    October 2, 2010:

    Click here for David Streitfeld, “Company Stops Insuring Titles in Chase Foreclosures,” The New York Times.

    October 3, 2010:

    Click here for Karl Denninger, “See, I Told You So(Mass-Document Forgery?),” The Capital Markets. “The cure for the mortgage documents puts the loan out of eligibility for the trust. In order to cure, on a current basis, they have to argue that the loan goes retroactively back into the trust. This is the cure that the banks have been unwilling to do, because it is a big problem for the MBS. So instead they forge and fabricate documents.”

    Click here for Gretchen Morgenson, “Flawed Paperwork Aggravates a Foreclosure Crisis,” The New York Times.

    October 4, 2010:

    Click here for Peter J. Henning, “The Gathering Storm over Foreclosures,” The New York Times.

    Click here for Greg Hunter, “Could Foreclosure Fraud Cause Another Banking Meltdown?,” USA Watchdog. ” Congressman Grayson says, ‘It appears that on a widespread and probably pervasive basis they [the banks] did not take the steps necessary to own the Note . . . which means that in 45 out of the 50 states they lack the legal right to foreclose . . . . So they have simply created a system where servicers hire foreclosure-mill law firms whose business it is to forge documents showing or purporting to show they have a legal right to foreclose.”

    October 5, 2010:

    Click here for the Attorney General of Texas, “Attorney General Abbott Calls for a Halt on Foreclosures While Loan Services Review Their Business Practices,” Office of the Attorney General. .

    October 6: 2010:

    Click here for Margaret Cronin Fisk, “JPMorgan, Bank of America Face ‘Hydra’ of Foreclosure Probes,” Bloomberg News.

    Click here for Ben Schott, “Robo-Signers: Nickname for Those Who Processed Large Numbers of Foreclosure Affidavits,”
    The New York Times.

    October 7, 2010:

    Click here for Brady Dennis and Ariana Eunjung Cha, “In Foreclosure Controversy, Problems Run Deeper than Flawed Paperwork,” The Washington Post.

    Click here for “Miller Requests Mortgage Companies to Halt Iowa Foreclosures,” Office of the Attorney General of Iowa.

    Click here for Michael Hudson, “Boiler Rooms, Foreclosure Mills: the Story of America’s Mortgage Industry,” The Center for Public Integrity.

    October 8, 2010:

    Click here for Ron Lieber, “After Foreclosure, a Focus on Title Insurance,” The New York Times.

    Click here for Dan Levine, “Homeowners May Gain Ground in Foreclosure Fights,” IBN Live.

    Click here for “Motion to Compel” in Robinson v. Countrywide Home Loans, Inc. (Case 2:08-CV-01563, W.D. Penn.), alleging use of non-lawyers as attorneys by foreclosure mill and seeking to reverse illegal foreclosures.

    Click here for Mike Konczal, “Foreclosure Fraud for Dummies, 1: the Chains and the Stakes,” WordPress.
    “[M]ortgage originators never sent the notes to the depositors . . . . It is a problem of systemic risk.”

    Click here for Ellen Brown, “Shock Therapy for Wall Street: JP Morgan Suspends 56,000 Foreclosures, GMAC, and BOA Many More,” The Daily Mail.

    October 10, 2010:

    Click here for Zachary A. Goldfarb, “Government Had Been Warned for Months about Troubles in Mortgage Servicer Industry,”
    The Washington Post.

    October 11, 2010:

    Click here for Alain Sherter, “Why Rampant Foreclosure Fraud Was Inevitable,” CBS BNet. “What the [Wall Street] Journal blithely dismisses as ‘sloppy work” by bank employees is nothing of the sort. Rather, such chicanery is a principle of design . . . .”

    Click here for Mike Konczal, “Foreclosure Fraud for Dummies, 2: What is a Note,and Why Is It So Important?,” WordPress.
    “[T]he note is the evidence of the debt. If it isn’t properly in the trust then there isn’t clear evidence of the debt existing. And
    it can’t be a matter of ‘let’s go find it now!’ REMIC law, which governs the securitization, is really specific here. The
    securitization can’t get new assets after 90 days without a tax penalty, and it can’t get defaulted assets at all without a
    major tax penalty . . . . This is because these parts of the mortgage-backed security were supposed to be passive entities.
    They are supposed to take in money through mortgage payments on one end and pay it out to bondholders on the other end, hence their exemption from lots of taxes; the tradeoff is that they can’t be de facto managers of assets, and that’s what ‘going to find the notes’ would require.”

    Click here for Mike Konczal, “Foreclosure Fraud for Dummies, 3: Why Are Servicers So Bad at Their Job?,” WordPress.
    “[T]he first rule of mortgage lending is that you don’t foreclose . . . . In the past, that was never at issue becuase the loan was always in the hands of someone acting as a fiduciary . . . . [N]ow . . . loans are not in the hands of a portfolio lender but in a security where structurally nobody is acting as the fiduciary.”

    Click here for Mike Konczal, “Foreclosure Fraud for Dummies, 4: How Could This Explode into a Systemic Crisis?,”

    Click here for Liz Rappaport, “Wall Street Pay: A Record $144 Billion,” The Wall Street Journal. “Pay on Wall Street is on pace to break a record high for a second consecutive year.”

    October 12, 2010:

    Click here for Barry Ritholz, “Why Foreclosure Fraud Is so Dangerous to Our System of Property Rights,” Business Insider.

    Click here for Peter G. Miller, “The Real Foreclosure Crisis: Who Owns the Mortgages?,” The Huffington Post.

    Click here for Diana Olick, “Foreclosure Fruad: It’s Worse Than You Think.” CNBC.
    The mortgages are not properly assigned. “The mortgage is still owed, but there’s going to be a problem figuring out who actually holds the mortgage, and they would be the ones bringing the foreclosure. You have a trust that has been getting payments from borrowers for years that it has no right to receive. So you might see borrowers suing the trusts saying give me my money back, you’re stealing my money. You’re going to then have trusts that don’t have any assets that have been issuing securities that say they’re backed by a whole bunch of assets, and you’re going to have investors suing the trustees for failing to inspect the collateral files, which the trustees say they’re going to do, and you’re going to have trustees suing the securitization sponsors for violating their representations and warrantees about what they were transferring.”

    October 13, 2010:

    Click here for Kurt McKee, “A Bombshell Has Dropped in Mortgage Land,” Real Estate Mortgage News.

    Click here for Judge Hazouri, “Opinion in Alejandre v. Deutsche Bank, Case No. 4DO9-2280,” District Court of Appeal of the State of Florida, Fourth District. Requires trial where defendant alleges a genuine question of material fact.

    Click here for David McLaughlin, “Florida’s 30-Second Foreclosure Dash Hits Wall of Fraud Claims,” The Washington Post.

    Click here for the “Joint Statement of the Mortgage Foreclosure Multistate Group” issued by the National Association of Attorneys General.

    Click here for “Ohio Joins Multi-State Investigation of Foreclosure Problems,” Office of the Attorney General of Ohio.

    Click here for Barry Harrell, “Texas Joins National Foreclosure Investigation,” American-Statesman.

    October 14, 2010:

    Click here for Paul Krugman, “The Mortgage Morass,” The New York Times. “This is very, very bad.”

    Click here for Alain Sherter, “Banks Are Stealing Homes: Why Won’t Obama Stop It?” BNet. “You don’t make up documents if you have the real ones, and if you don’t have the real ones, you are really stuck. So the idea that the banks con somehow magically find documentatin the clearly don’t have and get back to life as usual is a complete non-starter.”

    Click here for Joshua Rosner, “Why ‘Blank Name’ Matters and Trustee Obligations,” GrahamFisher.

    Click here for William D. Cohan, “How Wall Street Hid Its Mortgage Mess,” The New York Times.

    Click here for David Reilly, “Foreclosure Mess Could Be Taxing for Mortgage Investors,” The Wall Street Journal.

    October 15, 2010:

    Click here for Ben Hallman et al., “Reform Roundup: What the Foreclosure Lawyers Did,” The Center for Public Integrity.

    Click here for John Carney, Senior Editor, CNBC News, “Sorry Folks, the Put-Back Apocalypse Ain’t Gonna Happen,” CNBC
    News. “[T]he politicians will not let the financial stability of the largest banks in the nation be threatened by contractual rights. Not when there’s an easy fix available that won’t cost taxpayers a dime. Here’s what is going to happen: Congress will pass a law called something like ‘The Financial Modernization and Stability Act of 2010′ that will retroactively grant mort-
    gage pools the rights in the underlying mortgages that people are worried about. All the screwed up paperwork, lost notes, unassigned security interests will be forgiven by a legislative act.”

    October 16, 2010:

    Click here for Kent Mallett, “Johnstown Man Sues GMAC Mortgage, Alleges Fraud in Foreclosure Process,” The Newark Advocate.

    Click here for George Gombossy, “Foreclosure Crisis Discovered through Modest $75K Maine Home,” Connecticut Watchdog.

    Click here for Federal and State Compliance Auditors, “Why Robo-Signatures Are Illegal in California and Other Non-Judicial Foreclosure States,” Veritas.

    October 17, 2010:

    Click here for Louise Story, “Banks Shared Clients’ Profits, but Not Losses,” The New York Times.

    October 18, 2010:

    Click here for William K. Black, “When All Else Fails, Find the Foreclosure Facts,” Benzinga.

    Click here for Ryan McCarthy, “‘Foreclosure Mill’ Employees Got Gifts for Altering Documents, Witness Says, The Huffington Post.

    Click here for Kathy D. Patrick Esq., Gibbs & Bruns LLP, “Holders’ Notice to Trustee and Master Servicer of Failure of Master Servicer to Perform . . . ,” Letter to Bank of America. The banks have not assigned the mortgage Notes to the trusts, have not notified the trusts of defects with the mortgages, and have not notified the trusts when mortgages go into default.

    Click here for Floyd Norris, “Some Sand in the Gears of Securitizing,” The New York Times.

    Click here for Marian Wang, “Who’s Who in the Foreclosure Scandal: A Primer on the Players,” Pro Publica (18 October 2010).

    Click here for Monty Pelerin, “Mauldin on Mortgage Foreclosure Crisis,” Economic Noise.

    Click here for Tom Eley, “Wall Street, White House Blame Homeowners in Foreclosure Crisis,” Global Research.

    October 19, 2010:

    Click here for Zachary A. Goldbarb, “Task Force Probing Whether Banks Broke Federal Laws During Home Seizures,”
    The Washington Post.

    Click here for Don Babwin, “Chicago-Area Sheriff Halts Foreclosure Evictions,” ABC News.

    Click here for Steve Lash, “Maryland Court of Appeals Adopts New Foreclosure Rule,” The Daily Record [Maryland].

    Click here for Mike Konczal, “Foreclosure Fraud for Dummies, 2: What Is a Note, and Why Is It So Important?,” Ritholtz.

    Click here for Charles Toutant, “Class Action Foreclosure Lawsuit Filed against Bank of America,” New Jersey Law Journal.
    “Bank of American has been hit with a class-action suit on behalf of homeowners seeking damages for alleged disregard of
    foreclosure process rules.” The complaint, in Beals v. Bank of America, N.A., 10-cv-05427 (U.S.D.C., D. New Jersey, __ October 2010), alleges that B. of A. regularly files foreclosures without owning the mortgage Notes and with forged documenets.
    Plaintiffs ask that the foreclosures be declared void and request damages for emotional distress, loss of credit, time lost from work, attorneys’ fees, and punitive damages.

    Click here for Arthur Delaney, “Lawsuits Reflect Widespread Frustration with Government’s Mortgage Modification Program,”
    The Huffington Post.
    “A federal judicial panel recently consolidated class-action lawsuits from across the country alleging Bank of America treated homeowners with bad faith when they applied for mortgage modifications under the Obama administration’s Home Affordable Modification Program.” B. of A. accepted the money and then did not do the promised modifications. The complaint in In Re
    Bank of America Home Affordable Modification Program (HAMP) Contract Litigation, MDL No. 2193 (D. Mass), alleges breach of contract, breach of duty of fair dealing, promissory estoppel, and violations of the Consumer Protection Act.

    October 20, 2010:

    Click here for Masaccio, “The Dog Ate My Note and/or Mortgage,” Fire Dog Lake.

    Click here for George Washington, “Foreclosure Expert Confirms Mortgages Pledged Multiple Times, Not Actually Securitized: Document Problem Is Really a System of ‘Push-Button Fraud,'” Zero Hedge.

    Click here for Gretchen Morgenson and Andrew Martin, “Battle Lines Forming in Clash over Foreclosures,” The New York Times.

    Click here for Masaccio, “Legal Issues on Enforcement of Promissory Notes,” Fire Dog Lake.

    Click here for Barry Meier, “Foreclosures Profit Some Equity Firms,” The New York Times.

    October 21, 2010:

    Click here for Ariana Eunjung Cha, “Florida Activists Read Between the Lines on Foreclosure Paperwork,” The Washington Post.

    Click here for Judge Anthony Rondolino, “Order Dismissing First Amended Complaint” in Deutsche Bank v. Decker, Case No. 09-20548-CI-13 (Circuit Court of the Sixth Judicial Circuit in and for Penellas County, Florida.

    Click here for Peter Coy, Paul M. Barrett, and Chad Terhune, “How Joseph Lents Dodge Foreclosure for Eight Years and Started a Movement,” Bloomberg News.

    Click here for Bill Chappell, “Foreclosure Defense: A Strategy Based on Banks Losing the Paper Trail,” National Public Radio.

    Click here for John Gittelsohn & Jody Shenn, “Banks Face Two-Front War on Bad Mortgages, Flawed Foreclosures,” Bloomberg

    Click here for Peter Coy, Paul M. Barrett, and Chad Terhune, “Mortgage Mess: Shredding the Dream,” Bloomberg Businessweek.
    “When you say you lose a $1.5 million negotiable instrument–that doesn’t happen.” “What’s incalculable is the psychic cost of a legal system that may well have let banks skirt the law. The whole financial system is becoming a lot less transparent.”

    October 22, 2010:

    Click here for Grady Dennis, “Iowa Attorney General Lauches Foreclosure Probe Amid Fierce Public Outrage,” The Washington
    Post. “Iowa Attorney General Tom Miller says, . . . ‘My first reaction was concern, and curiousness as to the extent of it . . . .
    My second reaction was, “How in the h–l can they let this happen?””‘

    Click here for Chris Whalen, interview, “The Foreclosure Crisis Is a Cancer, and the MBS Investors Are Calling Their Lawyers,”
    Business Insider.

    Click here for Joe Nocera, “Big Problem for Banks: Due Process,” The New York Times.

    Click here for Elinor Comlay and Joe Rauch, “Wells Fargo Gambles on Foreclosures, Attorneys Say,” Reuters.

    October 23, 2010:

    Click here for Brady Dennis, “Unraveling Foreclosure Mess,” The Washington Post.

    October 24, 2010:

    Click here for the Hon. Sheldon Whitehouse, “Foreclosure Moratorium Would Help Recovery,” Washington Post.

    Click here for William K. Black and L. Randall Wray, “Foreclose on the Foreclosure Fraudsters, Part 2: Spurious Arguments against Holding the Fraudsters Accountable,” The Huffington Post.

    Click here for Michael Powell, “Short Sales Resisted as Foreclosures Are Revived,” The New York Times. (The servicers are forbidden by the REMIC agreements from compromising with homeowners on their mortgages.)

    October 25, 2010:

    Click here for Greg Hunter, “The Perfect No-Prosecution Crime.” USA Watchdog. “Professor Black . . . , Professor of Economics at the University of Missouri KC, . . . a former bank regulator and expert in crimes committed by CEO’s, says . . . ‘securitized mortgage instruments are all fraudulent.'” “It appears to me the entire mortgage/securitization industry is one giant criminal enterprise.”

    Click here for Ariana Eunjung Cha, “U.S. Probing Foreclosure Processing Firms,” The Washington Post.

    Click here for Masaccio, “Foreclosure Fraud Isn’t Mere Paperwork,” Fire Dog L ake. (Explains why the banks cannot fix their paperwork defects.)

    Click here for Alain Sherter, “The Varnished Truth: Bernanke Whitewash Covers Up Foreclosure Crimes,” CBS BNET. (As in the Great Depression, the States are helping the homeowners. The federal government is protecting the illegal foreclosures.)

    October 26, 2010:

    Click here for Allan Sloan, “Want to Get Away with Murder? Become a Bank,” CNN Money.

    Click here for Diane C. Lade “Stern Foreclosure Executive Resigns,” Miami Herald.

    Click here for Mike Hinshaw, “Foreclosure Fiasco Factors as a Potentially Systemic Risk as Mounting Lawsuits Filed.”
    Bankruptcy Home.

    Click here for Editorial, “The Mortgage Morass,” The New York Times, p. A-28.

    Click here for Yves Smith, “How Did the Banks Get Away with Pledging Mortgages to Multiple Buyers?,” Naked Capitalism.
    (This may be why the mortgages were not assigned by the banks to the REMIC’s. A negotiable instrument cannot be assigned to two persons at the same time.)

    October 27, 2010:

    Click here for Greg Hunter, “The Six Trillion Dollar Problem,” USA Watchdog. “[T]here are a little more than 60 million homes mortgsages in the Mortgage Electronic Registry System. . . . In MERS there is no physical written record of a “Promissory Note.” . . . That means in almost every single state, the banks cannot legally foreclose on your home without this document.”

    Click here for Andrew Martin and Motoko Rich, “Homeowners Facing Foreclosure Demand Recourse,” The New York Times.

    Click here for Brady Dennis, “Federal Bailout Oversight Panel Raises Alarms over Foreclosure Crisis,” The Washington Post.

    Click here for Ohio Attorney General Richard Cordray, “Amicus Curiae Brief in U.S. Bank v. Renfro (Case No. CV-10-716322,”
    Court of Common Please, Cuyahoga County, Ohio). (Accuses GMAC of systematic fraud on the court. )

    Click here for District of Columbia Attorney General Peter Nickles, “Attorney General Issues Statement on Foreclosures,” Office of the Attorney General, News Room. (“The statement clarifies that a foreclosure may not be commenced against a DC home- owner unless the security interest of the current noteholder is properly supported by public filings with the Districts Recorder of Deeds.”)

    October 28, 2010:

    Click here for John W. Schoen, “Foreclosure Mess Will Take Years to Clean Up,” MSNBC.

    Click here for Ohio Attorney General Richard Cordray, “Refiling Affidavits Is an Insult to the Justice System,” Office of the Attorney General of Ohio. (Once fraud on the courts has been committed, the banks’ fraudulent pleadings cannot be simply withdrawn without consequences.)

    October 29, 2010:

    Click here for Joe Nocera, “The States Take on Foreclosures,” The New York Times. (The States are taking the side of the homeowners, just as during the Great Depression. The federal government is taking the side of the Banks.)

    October 30, 2010:

    Click here for Yves Smith, “How the Banks Put the Economy Underwater,” The New York Times. (Best short summary of the Mortgage Morass and how it is the most important cause of the strangely prolonged Great Recession.)

    Click here for Elaine Ramos,

  35. Terri says:

    South Florida law firm’s demise puts 9,000 foreclosures in limbo
    Palm Beach Post Staff Writers
    Updated: 3:43 p.m. Wednesday, March 30, 2011
    Posted: 10:07 p.m. Tuesday, March 29, 2011

    WEST PALM BEACH — Palm Beach County courts will sort through nearly 9,000 wayward foreclosures in a cattle call of cases from the collapsed Law Offices of David J. Stern.

    Chief Judge Peter Blanc ordered hearings for pending Stern foreclosures that the firm has said it no longer has the manpower to withdraw from as counsel of record.

    For homeowners, a Friday letter from Blanc to Stern outlining the procedures for case management conferences could mean a dismissal if no one from the bank’s side attends the hearing. The bank could re-file the foreclosure, but it would likely cause a delay of months or even a year considering the recent slowdown in new filings.

    Stern told judges in a March 4 letter that he was shutting down his foreclosure business at the end of the month, leaving as many as 100,000 cases statewide in limbo.

    Blanc asked Stern in his response to reconsider the “unilateral decision to cease representation” of the cases because it is not an approved or recognized way for an attorney to quit a case.

    The instructions for the hearings to update judges on where Stern cases stand are the first direction some defense attorneys have seen from the courts since Stern’s announcement.

    “We haven’t heard a word from Miami-Dade and Broward counties,” said foreclosure defense attorney Tom Ice of Ice Legal in Royal Palm Beach.

    The chief judges in both counties agree that Stern’s letter is not a legal way to withdraw from cases.

    Linda Kelly Kearson, general counsel for the Miami-Dade courts, wrote in her response to Stern that a withdrawal from an estimated 20,000 cases could not occur with the “submission of a 575-page list of case numbers to the chief judge.”

    Stern’s attempt “does not comply with the Florida Rules of Civil Procedure and is thus, unacceptable,” she wrote.

    Stern lost most of his foreclosure business in the fall following allegations of mishandled and possibly fraudulent paperwork. The transfer of cases to new attorneys has been difficult, especially considering the firm has since laid off much of its staff.

    James Bonfiglio, a Boynton Beach foreclosure defense attorney, called Blanc’s plan for case management conferences “a reasonable response to a very bad situation caused by Mr. Stern and his clients’ greed – both tried to cut corners and save money and this is the end result. Chaos in the courts.”

    Attorney Jeff Tew, who is representing Stern, could not be reached Tuesday for comment.

    As for where and when the case management conferences will be heard, how many cases will be scheduled for each conference and what will happen if no one shows up, Blanc said he is still working on those details.

    Between 100 and 150 cases could be heard at each conference. If no replacement lawyer appears, the case will likely be dismissed, Blanc said.

    “We’re going to test the water and see how many people show up,” said Blanc, adding that he felt compelled to take action considering there are 9,000 cases in question.

    Case management conference notices will be sent out shortly, but whether Stern’s office will respond is unknown. Some defense attorneys say it’s unlikely.

    “You are dealing with a law firm that has imploded and left clients in the lurch,” said Deerfield Beach attorney Peter Ticktin.

    But apparently Stern also feels cheated. On March 25, a lawsuit his firm filed against Chase Home Finance was moved to federal court in Fort Lauderdale. According to the suit, Chase owes the firm $398,979.95 in attorney fees.

  36. Terri In NC says:

    I’ve gone through all of the above postings and made sure the links work correctly. The extensive posting from 03/29/2011 at 3:59, is the only one with missing links, and I’ll work on getting those in the next couple of days.

  37. Terri In NC says:

    ACLU Attacks Florida Foreclosure Rocket Docket Courts: Black and Latinos being targeted!

    ACLU Charges High-Speed Florida Foreclosure Courts Deprive Homeowners Of Chance To Defend Homes

    April 7, 2011
    “Mass Foreclosure Docket” In Lee County Ignores Procedural Safeguards In Rush To Clear Cases

    CONTACT: (212) 549-2666;

    CAPE CORAL, FL – The American Civil Liberties Union today filed a petition in a Florida appellate court charging that the foreclosure court system in Lee County systematically denies homeowners a fair opportunity to defend their homes against foreclosure.

    The special “mass foreclosure docket” established in December 2008 operates under rules that differ substantially from those that govern the rest of Lee County’s civil cases and was designed to speed through as many foreclosure cases as possible without providing homeowners facing foreclosure a meaningful opportunity to develop their cases or present defenses, according to the petition.

    “Operating against the backdrop of well-documented disarray and fraud in mortgage documentation, the shortcuts taken in Lee County courts mean that homeowners may never have a meaningful opportunity to refute faulty evidence supposedly supporting foreclosure,” said Larry Schwartztol, staff attorney with the ACLU Racial Justice Program. “By elevating speed over accuracy, Lee County subjects homeowners to foreclosure proceedings that violate the due process rights guaranteed by the Constitution.”

    The petitioner in the ACLU’s case, Georgi Merrigan of Cape Coral, FL, is facing foreclosure after leaving her job as a flight and ground paramedic to care full time for her husband, who suffered massive injuries in a catastrophic car accident. Merrigan has every intention of vigorously contesting her foreclosure case. But because Merrigan’s case is assigned to the “mass foreclosure docket,” the ACLU charges that she cannot get a fair shot at defending her home. The ACLU’s petition asks that Merrigan’s case be re-assigned to the general civil division so that she will be afforded due process under the Florida and U.S. Constitutions.

    “No one should ever have to go to court with the deck already stacked against them,” said Howard Simon, Executive Director of the ACLU of Florida. “Nowhere does it say someone is entitled only to the justice we have time for. We can’t allow the basic protections of due process to be the victim of judicial shortcuts.”

    The ACLU’s petition is the culmination of a months-long investigation into foreclosure court systems throughout the state of Florida, where media reports have long suggested that the constitutionally-protected due process rights of homeowners have been ignored in a rush to push foreclosure cases through the courts. With one in every 288 housing units in foreclosure, Lee County has the highest percentage of foreclosures in the state of Florida, arguably the epicenter of the nation’s foreclosure crisis.

    According to the ACLU’s petition, officials in Lee County seek to clear the foreclosure court docket as quickly as possible, at the expense of complying with basic procedural rules. Despite explicit instructions from the chief justice of the state supreme court that reducing the backlog of foreclosure cases should not “interfere with a judge’s ability to adjudicate each case fairly on its merits,” judges move through cases at lightning speed, sometimes seeing as many as 200 cases a day, according to the petition.

    “Despite the extremely high stakes for homeowners, procedural violations in the ‘mass foreclosure docket’ are rampant,” said Rachel Goodman, an attorney with the ACLU Racial Justice Program. “Homeowners face systemic handicaps, and banks get a pass in proving their cases because the courts have effectively suspended the rules that give homeowners a chance to review the evidence against them.”

    About 25 percent of Lee County’s population is black or Latino, and government data show that the foreclosure crisis across the country has disproportionately impacted communities of color. According to a recent report by the Center for Responsible Lending, nearly 8 percent of both African Americans and Latinos have lost their homes to foreclosures, as compared to 4.5 percent of whites. Additionally, the indirect losses in wealth that result from foreclosures as a result of depreciation to nearby properties will also disproportionately impact communities of color. The Center for Responsible Lending report estimates that by the end of 2012, the African American and Latino communities will be drained of $194 and $177 billion, respectively, in these indirect “spillover” losses alone.

    A copy of the ACLU’s petition is available online at:
    (You can download the Petition and Appendix at that link)
    Merrigan v. Bank of New York – Petition Challenging Constitutionality Of Lee County, FL Foreclosure Court

  38. Terri In NC says:

    Jury Awards Homeowner $21 Million In Mortgage Lawsuit

  39. Terri In NC says:

    From Carl 04/11/2011

    From a Craigslist ad.
    Date: 2011-04-01, 11:19PM EDT
    Reply to:


    A Mortgage Broker …IN REVERSE!!

    Our goal is to invalidate mortgages! While this goal sounds ambitious and friends and lawyers told us we were crazy in 2006, we predicted the Mortgage Meltdown in 2003. Furthermore, if you watched Scott Pelley on 60 minutes Sunday April 3rd, 2011, you’ll have seen that the media is finally catching on to what we have known for many years. “Millions of mortgages will probably be invalid in the coming years.”

    Who are we?


    “Jubilee” is a biblical term from Leviticus: “The compulsory forgiveness of all debt, the return of all property to its rightful owner and the freeing of all slaves.”

    While it’s impossible to guarantee results in a court action, we firmly believe that the United States is headed for a showdown regards the validity of those mortgages used for the creation of sub-prime mortgage backed securities. Hence, the abundance of foreclosure fraud over the recent years committed by lawyers for the Plaintiffs, Courts that “looked the other way” and lawyers for Defendants that had no idea of what they were doing and could care less.

    We believe it’s the tip of the iceberg and the next shock wave will hit by late this summer. We believe that while the reported number of foreclosure filings is falling due to borrower ignorance, the number of families in jeopardy of losing their homes is increasing. We also predict that the next headlines will begin to outline the…. “LOOTING OF AMERICAN AND INTRNATIONAL PENSION FUNDS.”

    Therefore, our definition of a FORECLOSURE BROKER is someone who sincerely wants to put the banks feet to the fire, assist those in need and simultaneously earn an above average income.

    Jubilee has been doing Foreclosure Management for almost 4 years. We predicted this epidemic of foreclosures late in 2002 when we learned that the US Federal Reserve was privately owned,

    We are not attorneys, nor do we provide specific legal advice. Jubilee’s strategies are designed to keep people in their homes while a Jubilee certified Florida licensed attorney uses the civil rules of procedure attempting to invalidate the 1st mortgage. Essentially, we teach attorneys about foreclosure defense using new tools and all of our/your clients will have Jubilee-certified Florida licensed attorneys.

    We now have a proven business model. Over the past four years, less than 3% of our clients have been forced to move due to a lost foreclosure case. However, more than 32% have had their cases dismissed. The rest are still in court. Our record is exceptional and our clients love us. Most will offer video testimony attesting as such. It’s all part of our presentation to your prospects.

    Jubilee does not do:

    Modifications — We believe that for the most part the modification process is a scam especially at the bank level. Meet with us and learn why.

    Short Sales – We believe that a short sale is rarely if ever a benefit to the homeowner. Meet with us and learn why.

    Deeds In Lieu – We believe that a Deed in Lieu always works for the alleged lender and rarely if ever for the homeowner. Meet with us and learn why.

    Bankruptcy – While bankruptcy may be a valid option, we will ask the questions that routinely prove bankruptcy is a good option, but only at the correct time. Bankruptcy attorneys will rarely if ever inform their prospects of all the ramifications of a premature bankruptcy. Meet with us and learn why.

    We only work with owners that have a negative equity in their homes. (Upside down.)

    Your compensation will not be an Attorney Referral fee. We do not collect from attorneys, we pay the attorneys. What we do is in total compliance with all laws, State and federal.

    Your responsibility will be to identify, contact, prepare and confirm appointments for foreclosure victims at our Fruitville Road office. Our office will do all presentation and contract work.

    You will provide your own leads and will be required to attend one 4 hour day of training at our Sarasota offices. How many people do you know that instead of abandoning their home, would like to stay in their home while their attorney uses the County court attempting to invalidate their mortgage?

    By contract, your earnings will exceed $1,000 per client per year. (Where else can you earn a $5,000 annual raise every month you close only 5 new clients?)

    Everyone knows someone that needs our help. Possibly even you.

    We are unique and believe that we may be the only service of its kind in the nation. To that end, we only work in Manatee and Sarasota Counties. We also believe that nothing related to the epidemic of foreclosures has happened by accident or random chance. It’s all continuing to be driven by a handful of men. We also believe we know who they are and why they’re doing what they’re doing. We would like to see them indicted. That’s the “greater” reason that we do what we do.

    Part and Full time available

    Call Rich at 941.312.5484

    Location: Sarasota/Venice/Manatee
    Compensation: $1,000 per client per year commission. (Similar to mortgage broker compensation.)
    Telecommuting is ok.
    This is a contract job.
    OK to highlight this job opening for persons with disabilities
    Principals only. Recruiters, please don’t contact this job poster.
    Phone calls about this job are ok.
    Please do not contact job poster about other services, products or commercial interests.
    PostingID: 2300438697

    Bob Hurt
    2460 Persian Drive #70
    Clearwater, FL 33763

  40. Terri In NC says:

    From Carl 04/11/2011

    Another LD 145 support letter
    LD 145 letter 04112011

  41. Terri In NC says:

    From Carl 04/12/2011
    New Foreclosure updates

    Letter to Committee on Judiciary in response to HP 128, LD 145
    An Act to Protect Homeowners Subject to Foreclosure by Requiring the Foreclosing Entity to Provide the Court with Original Documents
    The New Foreclosure Fraud Cops on the Beat – The ACLU PETITION targets Robo-Judges
    “I hereby vacate and open the judgment in favor of the defendants on Count I of the complaint only. Defendants must now be afforded the opportunity to present their case with respect to this count.”
    Foreclosure fraud: The homeowner nightmares continue. Reading between the lines of settlement proposals, the states attorneys general aren’t speaking the same language as the big banks. And struggling homeowners are paying the price. The big banks have routinely committed fraud in their foreclosure filings – and their records of how much people owe are too often wrong.
    Pro Se NJ Homeowner Scores Win, Stalls Foreclosure Where State ‘Fair Foreclosure Act’ Notice Fails To I.D. Lender; Naming Servicer Only Not Enough Monday’s ruling, follows a series of decisions finding would-be foreclosers that did not have possession of the original mortgage note lacked standing and could not go ahead with the process.
    Jury Awards Homeowner $21 Million In Mortgage Lawsuit
    JPMorgan’s Dimon Says Bank Will Pay for Foreclosure Mistakes. “Some of the mistakes were egregious and they’re embarrassing,” Dimon said.
    Did Wall Street Violate The Racketeering Act?
    Foreclosure crisis: Fed-up judges crack down on disorder in the courts. Angry and exasperated by faulty foreclosure documents, judges throughout Florida are hitting back by increasingly dismissing cases and boldly accusing lawyers of “fraud upon the court. In a growing number of cases judges are awarding homeowners their homes free and clear after finding fraud upon the court.
    Alabama judge denies securitization trustee standing to foreclose. “The court is surprised to the point of astonishment that the defendant trust (LaSalle Bank National Association) did not comply with the terms of its own pooling and servicing agreement and further did not comply with New York law in attempting to obtain assignment of plaintiff Horace’s note and mortgage.”

    Case documents may be found in our Legal Lounge under
    EMC Mortgage
    Florida Appellate Decision on Motion for Clarification in
    Pino v. BONY

    Oral Argument in Pino v. BONY
    Bank of America Board Sued by Holders Over Mortgage Recording Paperwork
    Why Your Bank May Be Wrong About What You Owe on Your Mortgage
    Will complete the updates listing later since it’s quite extensive.

  42. Terri In NC says:

    Carl says “FILE! FILE! FILE!”
    OCC Enforcement Action Against 8 Servicers for Unsafe and Unsound Foreclosure Practices:

    The enforcement actions do not preclude determinations regarding assessment of civil money penalties, which the OCC is holding in abeyance.

    OCC complaint form for foreclosure victims: File! File! File!

  43. Terri In NC says:

    California Judge Peter Meeka Refuses to Disclose Financial Benefits to Him by Bank of America, Accord Due Process

    11-04-12 PRESS RELEASE: Bribing of State and US Judges by Bank of America Must be a Serious Concern!

  44. Terri In NC says:

    Securitization in A Nutshell

    Wells Fargo Steps on A Rake (We Hope) — EGGS — a New Country

    Ohio Supreme Court Lets Wells Fargo v. Jordan Stand. Foreclosure Plaintiffs Who Do Not Own the Mortgage at the Time of Filing Lack Standing to Pursue Cases

    In Forclosure, Predatory Lending, Uncategorized on October 4, 2009 at 11:32 pm
    In a significant victory for consumers and particularly victims of predatory lending the Ohio Supreme Court on Wednesday quietly let stand what may turn out to be a landmark decision prohibiting banks, trusts and other loan servicing entities who cannot prove ownership of a mortgage note from foreclosing on Ohio homeowners.
    Following a trend originally initiated by U.S. District Judge Christopher Boyko, Northern District of Ohio in Federal Court, The 8th District Court of Appeals(Cuyahoga County) ruled in June of this year that banks, loan servicers and trusts did not have standing to pursue foreclosure of homes in Ohio if they could not prove that they owned the mortgage note at the time of the filing of the complaint. In Wells Fargo v. Jordan Judge Frank D. Celebrezze Jr. writing for a unanimous panel of the 8th District held that in order to bring a lawsuit in Ohio the plaintiff must have an genuine interest in the subject matter of the lawsuit:
    {¶ 21} “A party lacks standing to invoke the jurisdiction of a court unless he has, in an individual or a representative capacity, some real interest in the subject matter of the action. State ex rel. Dallman v. Court of Common Pleas (1973), 35 Ohio St.2d 176, 298 N.E.2d 515, syllabus. The Eleventh Appellate District has held that ‘Civ.R. 17 is not applicable when the plaintiff is not the proper party to bring the case and, thus, does not have standing to do so. A person lacking any right or interest to protect may not invoke the jurisdiction of a court.’ Northland Ins. Co. v. Illuminating Co., 11th Dist. Nos.2002-A-0058 and 2002-A-0066, 2004-Ohio-1529, at ¶ 17 (internal quotations and citations omitted). The court also noted that ‘Civ.R. 17(A) was not applicable unless the plaintiff had standing to invoke the jurisdiction of the court in the first place, either in an individual or representative capacity, with some real interest in the subject matter. Civ.R. 17 only applies if the action is commenced by one who is sui juris or the proper party to bring the action.’ Travelers Indemn. Co. v. R.L. Smith Co. (Apr. 13, 2001), 11th Dist. No.2000-L-014.” Wells Fargo Bank, N.A. v. Byrd, 178 Ohio App.3d 285, 2008-Ohio-4603, 897 N.E.2d 722.”

    It went on to hold, ” If plaintiff has offered no evidence that it owned the note and mortgage when the complaint was filed, it would not be entitled to judgment as a matter of law”

    The process of securitizing mortgages on homes in Ohio and throughout the country required multiple transfers of the note mortgage and in some cases a legal fiction was created around trusts and other holding vehicles that never acquired provable ownership of the notes in question. Loan Servicers only have the authority to foreclose that does or doesn’t belong the actual owner of the note and mortgage.
    Seeking legal advice is more important than ever for homeowners facing foreclosure in Ohio . The issue of standing could cause thousands of cases pending in Ohio courts to be dismissed. Help for those who cant afford a lawyer is available at Save the Dream.

    Further, since Ohio Law has long recognized that the issue of Jurisdiction can be raised by a party in a lawsuit at anytime, there may be thousands of judgments granting foreclosure that are void putting the title to those properties in question. Ohio Courts have the inherent power to vacate the prior void ab initio judgments in foreclosure. Patton v. Diemer (1988), 35 Ohio St.3d 68, 70, 518 N.E.2d 952.
    Anyone who’s home has been foreclosed on since 2003 when the massive securitization of mortgage notes began in earnest ought to consider taking a look at their judgment and whether or not the plaintiff in the foreclosure had standing to pursue the complaint.

    Due Process, Discovery and Burden of Proof

  45. Terri In NC says:

    OCC Takes Enforcement Action Against Eight Servicers for Unsafe and Unsound
    Foreclosure Practices

  46. Terri In NC says:

    ACLU Sues Florida 20th Circuit Rocket Docket Mass Foreclosure Court for due process violations

    In the above case, you will find a detailed rundown of the crimes Rocket Docket senior judges like Thompson and Starnes commit under color of law, routinely violation foreclosure defendant’s constitutional rights of access to the courts and due process. The lap-dog sheriff deputies stand by and let it happen, intimidating litigants who dare to protest against the process.

    I consider this an example of the abject insanity that pervades Florida’s judiciary.

  47. Steven Monroe says:

    I am listening to 406 with CARL on the mortgage issue, I have a little difference in that I am up on my payments but know that I have been at least defrauded and the note and the deed have been split as well as the lack of chain of title. I have done my background work. What can I do to help and get involved to go forward with my case?

  48. Terri In NC says:

    Hey Steven, thank you for stopping by. I would suggest that you email Carl at and I’m sure he’ll be able to help you. The best way to help is to spread the word to all the people that you know, and get them to listen to the live or archived shows, starting with the most recent from yesterday and last night. There’s so much to learn, but it really is simple, just time consuming. That’s what it’s going to take though to make things right. Folks have to really get involved and tell everyone. This is a We program, lol. Have a great day!

  49. Terri In NC says:

    From Carl;
    Finding Fraud in Loan Documents

    This is an outline created by a forensic auditor about what documents to look for and how they are used to commit the fraud.

    Finding Fraud in the Loan Documents

  50. Terri In NC says:

    From E.J.,
    Website for locating Loan CUSIP Number

    I got this from JP
    http://fapt. efanniemae. com/epooltalk/ security. do

    I have no loan, so tell me if this works.

    By: George D, Trustee

    Absent individual capacity, and absent assurance of value, and absent benefit received, and absent assumption of liability, and absent waiver of rights, and without recourse, territorial to California.

  51. Terri In NC says:

    From Carl;
    Deutsche Bank Faces U.S. Fraud Lawsuit Over Mortgage Lending
    May 03, 2011, 10:57 AM EDT

    By David Voreacos
    (Updates with possible damages in fifth paragraph.)

    May 3 (Bloomberg) — Deutsche Bank AG, Germany’s biggest bank, was sued for more than $1 billion by the U.S. government for allegedly selecting mortgages “recklessly” for inclusion in a government insurance program.

    The Frankfurt-based bank and its MortgageIT unit violated the U.S. False Claims Act by presenting fraudulent data to obtain mortgage insurance from the Federal Housing Administration of the U.S. Housing and Urban Development Department, according to the complaint filed today in Manhattan federal court.

    “While Deutsche Bank and MortgageIT profited from the resale of these government-insured mortgages, thousands of American homeowners have faced default and eviction, and the government has paid hundreds of millions of dollars in insurance claims, with hundreds of millions of dollars more expected to be paid in the future,” according to the complaint.

    Deutsche Bank paid $429 million in January 2007 to buy MortgageIT and shuttered it the next year.

    “We just received the complaint and are reviewing it,” Renee Calabro, a bank spokeswoman, said in an e-mail. “We believe the claims against MortgageIT and Deutsche Bank are unreasonable and unfair, and we intend to defend against the action vigorously.”

    As of February, HUD had paid more than $386 million in FHA insurance claims and related costs arising from Deutsche Bank- approved mortgages, according to the complaint. Under the False Claims Act, the U.S. can seek triple damages and penalties, meaning it could demand more than $1 billion.

    Deutsche Bank fell as much as 3.7 percent in Frankfurt trading. The shares declined 3.2 percent, or 1.43 euros, to 42.77 euros at 4:43 p.m. local time.

    U.S. Attorney Preet Bharara will hold a news conference at 1 p.m. in New York. Those speaking will include Dane Narode, associate general counsel for program enforcement for HUD, and Rene Febles, special agent in charge of HUD’s office of inspector general.

    The case is U.S. v. Deutsche Bank AG, 11-cv-2976, U.S. District Court, Southern District of New York (Manhattan).

    –With assistance from Dawn Kopecki, Jody Shenn and David Glovin in New York. Editors: Glenn Holdcraft, David E. Rovella

    To contact the reporter on this story: David Voreacos in Newark, New Jersey, at

    To contact the editor responsible for this story: Michael Hytha at

  52. Terri In NC says:

    From Carl;
    Guilford County Register of Deeds: 4,500 documents that appear to have been forged! File! File! File!

    One county, one register of deeds, one focus area, THOUSANDS affected…
    List of locals affected by apparent mortgage fraud released

    GREENSBORO — Guilford County Register of Deeds Jeff Thigpen today announced that his investigation into apparent mortgage fraud has turned up more than 4,500 documents that appear to have been forged or improperly altered.

    Thigpen made public the names and addresses of thousands of Guilford County residents whose mortgage and loan documents appear to have been affected.

    The total value of the loan documents Thigpen identified as “suspicious” is estimated at more than $624 million.

    Check out the rest of the report here…

    Victim report and other material below…

    Great work on this everyone!


  53. Terri In NC says:


    I’ll share here what I’ve researched on CUSIP – please send me
    feedback on what you’ve found.

    The CUSIP Service Bureau provides CUSIP numbers for documents for
    tracking stocks and securities

    Here’s an interesting video on CUSIP on YouTube –

    The CUSIP Glober Services website is

    For Mortgages and Securitization Trusts, I do not find that CUSIP
    numbers are assigned to individual Mortgages. (Some people claim
    they are, but I have not yet found that to be substaniated) CUSIP
    numbers may be assigned to all Classes, and possibly resultant
    Certificates. Once you determine into which Securitization Trust a
    Mortgage was purchased by, you may be able to determine into which
    Class it was put, then track the CUSIP number for that Class. As
    I understand it, this is what Securitization Audits do, but I am
    not yet able to do Securitization Audits, just some searches.

    Standard info (from states:
    CUSIP stands for Committee on Uniform Securities Identification
    Procedures. A CUSIP number identifies most securities, including:
    stocks of all registered U.S. and Canadian companies, and
    U.S. government and municipal bonds. The CUSIP system-owned
    by the American Bankers Association and operated by Standard &
    Poor’s-facilitates the clearing and settlement process of securities.
    CUSIP Searches
    How do I find the CUSIP number for a particular stock? Unfortunately,
    this can be a little difficult as CUSIP numbers are owned and created
    by the American Bankers Association and operated by Standard &
    Poor’s. To get access to the whole database of CUSIP numbers, which
    mainly cover U.S. and Canadian equities along with U.S. government
    and corporate debt, you will need to pay a fee to Standard & Poor’s
    or a similar service that has access to the database.

    The CUSIP distribution system is owned by the American Bankers
    Association and is operated by Standard & Poor’s. The CUSIP
    Services Bureau acts as the National Numbering Association (NNA)
    for North America, and the CUSIP serves as the National Securities
    Identification Number for products issued from both the United States
    and Canada. The number consists of nine characters (including letters
    and numbers) that uniquely identify a company or issuer and the type
    of security. A similar system is used to identify foreign securities
    (CUSIP International Numbering System). The first six characters
    are known as the “base” (or “CUSIP-6”), and uniquely identify the
    issuer. Issuer codes are assigned alphabetically from a series that
    includes deliberate built-in “gaps” for future expansion. The last
    three characters of the issuer code can be letters, in order to
    provide more room for expansion.

    Issuer numbers 990 to 999 and 99A to 99Z in each group of 1,000
    numbers are reserved for internal use. This permits a user to
    assign an issuer number to any issuer which might be relevant to
    his holdings but which does not qualify for coverage under the
    CUSIP numbering system. Other issuer numbers (990000 to 999999
    and 99000A to 99999Z) are also reserved for the user so that they
    may be assigned to non-security assets or to number miscellaneous
    internal assets

    The 7th and 8th digit identify the exact issue, the format being
    dependent on the type of security. In general, numbers are used
    for equities and letters are used for fixed income. For commercial
    paper the first issue character is generated by taking the letter
    code of the maturity month, the second issue character is the day of
    the maturity date, with letters used for numbers over 9. The first
    security issued by any particular issuer is numbered “10”. Newer
    issues are numbered by adding ten to the last used number up to 80,
    at which point the next issue is “88” and then goes down by tens. The
    issue number “01” is used to label all options on equities from
    that issuer.

    Fixed income issues are labeled using a similar fashion, but due to
    there being so many of them they use letters instead of digits. The
    first issue is labeled “AA”, the next “A2”, then “2A” and onto
    “A3”. To avoid confusion, the letters I and O are not used since
    they might be mistaken for the digits 1 and 0. The 9th digit is an
    automatically generated check digit using the “Modulus 10 Double
    Add Double” technique. To calculate the check digit every second
    digit is multiplied by two. Letters are converted to numbers by
    adding their ordinal position in the alphabet to 9, such that A =
    10 and M = 22. The resulting string of digits (numbers greater than
    10 becoming two separate digits) are added up. The ten’s-complement
    of the last number is the check digit. In other words, the sum of
    the digits, including the check-digit, is a multiple of 10. Some
    clearing bodies ignore or truncate the last digit.

    CINS adds a single country code letter to be the beginning of an
    otherwise similar CUSIP. These are not standard country codes,
    for instance Norway is “R”. A table of the country codes appears
    on the CUSIP web site.

  54. Terri In NC says:

    Letter to Register of Deeds, Durham county, North Carolina

  55. Terri In NC says:

    From Carl;
    Ink on White Paper use it!

    GAO Report on Mortgage Foreclosures Self-authenticating

    Fiscal Year End Report, June 2009

  56. Terri In NC says:

    Quiet Title WIN!

    QUIET TITLE | Ohio Appeals Court Precludes US BANK From Pursuing Any Further Action on the Note, Finds Unenforceable

  57. Terri In NC says:

    From Carl;
    Ladies and Gentlemen,
    This report shows more so the evidence we have been talking about for more than three years. If you are a past Home borrower that has filed Court Actions with Dismissals you can now refile with this new evidence. If you are a Home borrower that has not been in the Courts yet you can file a new case using the information below. Civil Actions in the Courts are not going to happen from the system doing it for you. YOU have to FILE your own action in the Civil Federal Courts in your District to get your damages an go buy another Home [paid in full]!

    Confidential Federal Audits Accuse Five Biggest Mortgage Firms Of Defrauding Taxpayers [EXCLUSIVE]

  58. Terri In NC says:

    Notice: This blog is now closed for comments. The information already posted here will remain in place for your future reference, however this site will no longer be monitored due to computer problems I’ve been having.

Comments are closed.