FRAUD STOPPERS Private Members Association

Foreclosure Defense & Mortgage Fraud Services
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We Saved Our Home from Foreclosure with FRAUD STOPPERS

How We Can Help You

Overturning the Tables on the Moneychangers

Are you looking for the best foreclosure defense and mortgage fraud litigation support services?

Do you need to stop a foreclosure sale, reverse a foreclosure sale, sue for mortgage fraud or quiet title?

Is your mortgage company screwing with you?
Promised mortgage modification, only to foreclose?
Increased payments?
Misapplied or lost payments?

Do you want to be mortgage free?
Do you want to sue the bank and make them pay you to go away? If so, you found the right place.

For information on foreclosure defense call us at 800-459-1215. We offer litigation support, admissible evidence, expert witness testimony, education, training, and support in all 50 states to attorneys and pro se homeowners.

Charge Forward

Stop Foreclosure & Mortgage Fraud

Our Senior Auditors, Investigators, and foreclosure defense attorneys use proprietary software developed and licensed to search through S.E.C. and other Public Record Filings to find Trust Vehicles used in the Securitization process, including but not limited to Bloomberg Terminals, Edgars Pro, Doc Edge, and others developed exclusively for use by FRAUD STOPPERS team members.

  • Trial Ready Evidence to Win Your Case
  • Foreclosure Defense & Mortgage Fraud Litigation 
  • Attorney Network & Paralegal Services

Outstanding Service

What Sets Us Apart

We are the only organization, to our knowledge, that can provide you (and your attorney) with loan level data and mortgage securitization information for all Government-Sponsored Enterprise Mortgages, including Fannie Mae, Freddie Mac, Ginnie Mae, Farmer Mac, Sallie Mae, and PennyMac. Plus all private & off shore Trusts information including World Savings Loans and Washington Mutual (WAMU) mortgages.

Moreover, our company can support you from A to Z with foreclosure or mortgage fraud litigation because we offer everything you need, including: Trial Ready Evidence, Expert Witness Testimony, Court Ready Legal Documents & Pleadings (from Complaint to Judgement, including Appeals), Formal Pro Se Legal Education & Training, Pro Se Paralegal Support, Nationwide Network of Foreclosure Defense Attorneys, Mortgage Fraud Attorneys, Bankruptcy Attorneys, Mortgage Refinance, No Money Down Loan Modifications and Short Sale Negotiations, Short Sale Buyback Funding, Fix & Flip Funding, Personal Loans, Business Lines of Credit, Equipment Financing, Litigation Financing, Credit Repair, Credit Building, Referral Affiliate and Work From Home Income Opportunities and more.

We have made the complicated expensive legal landscape easy and affordable to navigate.

Over the past decade we have solved most of the major common problems that exist in the foreclosure defense & mortgage fraud litigation industry. From stopping a foreclosure sale, getting a loan modification, or suing your mortgage company for mortgage fraud and quiet title, we have a proven way to help you save time, save money, and increase your odds of success getting the legal remedy that you deserve, guaranteed!

Court Ready Documents

Save money in legal fees with custom court ready legal documents at wholesale prices

Trial Ready Evidence

Get the facts & evidence you need to win your case with audits, affidavits, and testimony

Attorneys & Paralegals

Nationwide attorneys and paralegals for mortgage fraud & foreclosure defense litigation

Legal Education

Increase your odds of success with legal education curriculum and training videos

Credit Repair

Remove negative items from your credit report and improve your credit score with seasoned trade lines 

Bankruptcy

Professional Pro Se Bankruptcy Document Preparation & Bankruptcy Attorney Services 

Short Sales

Short Sale Negotiations & Nationwide Short Sale Buy Back Funding Options

Loan Modifications

No Money Down Loan Modification & Free DIY Loan Modification Programs

Consumer Financing

Personal Loans, Business Loans, Short Sale Buyback Funding, Fix & Flip Funding, Mortgage Refinance & Private Equity Refinance 

Referral Affiliates

Earn fast cash and long term residual income working from home, while helping others with our products & services

From Our Founder

Its Not Over Until You Win.

David and Mary Ellen Wolf received a foreclosure notice in 2011 from Wells Fargo. There was one problem: They’d never done business with Wells Fargo or their assigned mortgage servicer, Carrington Mortgage Services. After talking the situation through with a lawyer, W. Craft Hughes, who happened to be their neighbor, they determined that neither Wells Fargo nor Carrington had the legal right to foreclose on them. And the Wolfs took Wells Fargo and Carrington to court and won $5.4 million

FRAUD STOPPERS Free EBook Foreclosure Traps Pitfalls and Swindles

FRAUD STOPPERS PRIVATE MEMBERS ASSOCIATION PRODUCTS & SERVICES

FRAUD STOPPERS foreclosure help and mortgage fraud products and services are intended to help you save time and money, and increase your odds of success, getting the legal remedy that you deserve with legal education, nationwide attorneys, custom court ready legal documents, trial ready evidence products, expert witness affidavits and testimony, credit repair, bankruptcy, short sales, loan modifications, keys for cash & settlement negotiations, and more.

FRAUD STOPPERS EXPERT HANDWRITING ANALYSIS & AFFIDAVIT
FRAUD STOPPERS Skip Tracing Reports
FRAUD STOPPERS Forensic Accounting Audits
FRAUD STOPPERS Appraisal Fraud Audits
FRAUD STOPPERS Loan Modifications
FRAUD STOPPERS Mass Joinder Lawsuits
FRAUD STOPPERS Foreclosure Help
AMERICAN JUSTICE LEAGUE
"Well guys here we are 14 months later and I just left the court where Wells Fargo foreclosure case was dismissed with Prejudice. That’s right with Prejudice! Can you believe it. Now all we have to do is sue for quiet title and I’m home free." Victor Seabrooks

“I am very happy with the work your company has done and your genuine concern. Next month I am going to sign on with Legal Shield as you also suggested.” Julie Meadows

“FRAUD STOPPERS helped me in many ways. I contacted them because I was struggling with a foreclosure action started by Bank of America. FRAUD STOPPERS began its help by providing a free audit of the mortgage history of my property and introduced me to the concept of tangible and intangible note and security documents.” Dutch Maynard

James Jones

Btw, the Substitute Trustee sale NEVER took place yesterday, County Recorder asked how I managed to pull that off, I said Fraud Stoppers! Lol  James Jones

Melanie Strapp

I want to thank you for your help, i won my case  and the bank want to settle out of court.

Melanie Strapp

DAVID CHARLES

 

I would like to say that I love your website,and I think you guys are spot on when it comes to the issue with loans originating from the area 2005,2006,2007 and so on.

Dutch Maynard

 

FRAUD STOPPERS helped me in many ways. I contacted them because I was struggling with a foreclosure action started by Bank of America which devolved to LSF9 Master Participation Trust serviced by Caliber Home Loans (actually owned by LSF9, covertly). FRAUD STOPPERS began its help by providing a free audit of the mortgage history of my property and introduced me to the concept of tangible and intangible note and security documents.

Margo Biuso

 

Through your agency I was referred to law firm that is working on research of my original mortgage file. This I was told is about a year, and I am about 3 months into it.

Terrence Clarke

 

Yes we need more fraud stopper in all area of this Society. To tell it as it is about the one percent and the ninety nine percents.

Daniel Lee

 

Thanks too the one and only Fraud Stoppers I found that I was a tenant and not the owner and I was kicked out of my property as a tenant in common and not the owner. Over come the deception  and a bifurcated separation of tittle and deed.

Lani Bernard

 

Yea thank you Mr. Frank.. you are gods mercy for us.. smile

Patrick Griffin

 

Fraud Stoppers Team took me out of the confusion and darkness and put me on a road of structure and knowledge . Each day there was a goal set and achieved , I had been fighting a battle they were initiating a process , that made all the difference. On each step of their process I found their paperwork to be top notch , there support people always there with the right answers. If you like I find yourself fearful wandering in darkness and confusion bombarded with information and misinformation ;make a call to the Team at Fraud Stoppers . I did and have no regrets.

Fred Schneider

 

Thanks again for ALL you do to help people like me and all the others you make claim you have helped.  You and Neil are doing a great job and there seems to be a LOT of movement out there and across our nation to finally get people to understand this huge racketeering scam that has gone on far too long.

Patty Cueto

 

I do realize that I got a great deal on the docs. I just want to thank you again for all you have done for me, also I'm very grateful for finding you on YouTube. Keep up the great work !!! We definitely need more people like you in this world,

Tim VanderLinda

 

You folks are just great people who give solid information I have not been able to obtain until today. Just a big thanks and little hope that your who I think you are, considering how long I have faced the incessant frauds and crimes that have essentially stripped everything in my life without any honest advocate. Thank you again for any type of help you provide.

Julie Meadows

 

I am very happy with the work your company has done and your genuine concern. Next month I am going to sign on with Legal Shield as you also suggested.

Robert Willis

 

This is Willis from SC. I thank the whole staff of the Fraud Stoppers in doing a great job in the litigation dept. Especially Amy! She is one heck of a woman. Joe you are very lucky to have her on your team! Peace and blessings to you all.

Liz Combs

 

Thank you so very much, Frank and Damion, for being on top of this and so quick in your response. I will be reviewing it later on this evening, or perhaps tomorrow morning! I appreciate the notes back to me!

William Montes-Pack

 

I am satisfied with the answers and corrections.  The answers definitely helped me understand the relationship between government guaranteed loans, recordings & securities.

Judith T Gilchriest

 

Thanks guys it's so good. So unbelievable all the stuff in my loan still gotton finish paper work n send other letters gonna send the rest all at once and wait 21 days I think they already responded with paperwork different than there compliant can't wait to right a review just a lot to learn but so expertly laid out and trust you guys go far and beyond the act of duty and have all the expertise and stand behind your company's word

Marcella Hernandez

 

Among many attributes, Fraud Stoppers' program has a great deal of information and resources available.  It's really good to have information that someone I trust has looked at and approves of before spending time reading it.

Fraud Stoppers sends me helpful emails like this one. Great advice.

Cynthia Cameron

 

You guys are doing a great job!

Wendy Stein

 

Beautiful product launch!!!! Looking forward to working with ya'll again, soon!

Robbie Lee

 

I got them done finally yesterday and bank didn't put home on the market they stopped the sale hmm wonder why ? I got a good reason want to hear bet you already know don't you ? Cause they do not hold the NOTE! I am happy made me believe more thank you not for making me worry jk but for sicken in with me I can be a handful and I am Sorry I worry all the time but I wanted to tell Sir TY

Phil Hewett

Thanks for the effort…hope I can put it to good use.

Charles Rapoli

Just wanted to pass on to you a big thank you for the analysis. It was great talking to someone that brings a ray of hope through all the deceptive evil that surrounds us. I reviewed the documents and I am very impressed with the information. I have learned even more.I look forward to more and thanks. Keep up the good work.

Roberto Vigil

Hello Frank, the Audit Report by Bert was amazing, I was able to enter it into evidence at trial on July 15, I am working on the findings of facts due end of this week and then we wait for the order buy October. Meanwhile can you recommend an Attorney to look at it and give me a legal opinion and plan going forward, I am really pleased with your services, Thank you so much, .come back

Earl Combs

Thank you very much, Damion and Frank! Your work is much appreciated! Thank you, also, for a speedy response!

Julie Brown

Thanks for all your help.  I appreciate it.

Mrs. Reyes

I hope all is well with you.  I just wanted to wish you a Happy Holiday and thank you for all your hard work.  I look forward to working with you in the new year.

Wendy Green

Thank you so very much for your concern and the information you are willing to share. I will follow-up as discussed.

Prince:~:Ma'at.

I certainly appreciate you and the work being done to help others.Thanks again.

Pamela Owen

I forgot to mention that I'm still in my home! AND I'm having fun!

Mike Nicholson

I think Fraud Stoppers is awesome. What you guys do is to help others save their homes from foreclosure.

John C

FRAUD STOPPERS helped me stop my foreclosure and get a huge principal reduction on my mortgage.

Elizabeth Smith

I just wanted to say thank you to FRAUD STOPPERS for helping me get a $35,000 keys for cash settlement.  So YES, I would absolutely refer FRAUD STOPPERS to anyone looking for help with a foreclosure issue, because they didn’t make any false promises to me, and they did exactly what they said they would do.

Stephanie Johnson

Thanks FRAUD STOPPERS for helping me sue for mortgage fraud at the last minute. I stopped my foreclosure and I am currently negotiating with my lender for a principal reduction. And it looks like they’re gonna forgive all of my late payments, over $28,000!

Terrance Matthews

I filed FRAUD STOPPERS quiet title lawsuit and Wells Fargo stopped the foreclosure sale faster than Trump fired the FBI director. I’m telling you guys I anit never seen anything like this before. FRAUD STOPPERS I owe you guys big time. Thank you.

Matt Pacht

I wanted to say thank you to FRAUD STOPPERS for helping me save my house from foreclosure and get a super awesome loan modification. In fact Ocwen agreed to forgave almost all of my late payments. So thanks FRAUD STOPPERS. You guys are great!

Cindy W

I live just outside Austin Texas. I just wanted to take a second and say thank you to FRAUD STOPPERS. I filed FRAUD STOPPERS wrongful foreclosure lawsuit after Bank of New York Mellon sold my house, and 9 months later I’m still here. Thanks FRAUD STOPPERS

Monica and Kevin

Listen if you need help with your mortgage we recommend FRAUD STOPPERS because we got the help we needed for free!

Steve Labady

My neighbor referred me to FRAUD STOPPERS, and within a few minutes on the phone I knew I found the right place to help me with my foreclosure. They connected me to a local law firm that filed a federal lawsuit against Bank of American for me, on contingency.

That lawsuit is still ongoing, but I can tell you that the help I got was worth way more than the $100 membership fee I paid. So if you’re looking for a trustworthy company to help you save your home from foreclosure, I highly recommend FRAUD STOPPERS.

Roger Hader

I called FRAUD STOPPERS to help me save my house from foreclosure. But unfortunately I called them too late. Hey but at least they scam me out of money like the mortgage fraud examination company I paid $2500 to.

Thanks FRAUD STOPPERS for telling me the truth. At least you guys tried, and that’s all I could ask for. If I find anybody I’ll send them your way.

Robert Claflin

I’m here to tell you that FRAUD STOPPERS helped me save my house from foreclosure without having to spend an arm and a leg for an attorney. They provided me with a court ready lawsuit, all of the evidence I needed, and full litigation support. I was able to sue my lender for mortgage fraud and negotiate a settlement offer that was better than I had ever hoped for.

In fact the entire process was a lot easier than I expected too. They even took care of the entire mediation process for me.So bottom line, if you need help with a mortgage or foreclosure issue call FRAUD STOPPERS right now because I’m sure you’ll be as happy and satisfied as I am. Thanks FRAUD STOPPERS for helping me save my home.

Tiffany Rogers

I just wanted to let you know that I used FRAUD STOPPERS to stop my foreclosure. Thanks FRAUD STOPPERS. You guys ROCK!

Angela and Tony

We want to let you know that we used FRAUD STOPPERS to save home from foreclosure. If you’re fighting a foreclosure we recommend FRAUD STOPPERS because they’re honest, and they know how to stop a foreclosure and bring the bank to the negotiating table.

Victor Seabrooks

Well guys here we are 14 months later and I just left the court where Wells Fargo foreclosure case was dismissed with Prejudice. That’s right with Prejudice! Can you believe it. Now all we have to do is sue for quiet title and I’m home free.

Roberto Vigil

I got nervous there for a while not knowing if you guys were real, now I am certain you are, I just want to say I am greatful for your specialty and the work you have provided to me. I am grateful to you and to John, I now feel relieved as I was trying to find for a long time. Wish I had connected with you sooner. But I look forward to using your products and working with you guys going forward. Thanks again.

Liz Marks

I applied for a loan modification 8 different times and each time I was denied. I paid several companies and lawyers and none of them had any luck getting my loan mod approved.

This last time there was a foreclosure sales date set one of my patients referred me to FRAUD STOPPERS. To be honest I had already lost hope and was going to just give up, but Mary told me I got nothing to lose to call them. Thank you FRAUD STOPPERS you guys did the impossible. I owe you one.

Susan Holtz

FRAUD STOPPERS helped me in my foreclosure fight with SPS. They gave me the legal documents to stop the foreclosure sale, and they negotiated a principal reduction of my loan of more than $50,000. I would recommend FRAUD STOPPERS to anyone. Cheers!

Edgar T

Thank you for all the help. I just got everything in order ready to file last night. I'm going to go over everything one more time today thoroughly to make sure I did everything 100% correctly so I can file this evening.  I will also call Nathan today to get more information on using him. I'm very excited to get this filed. I will definitely keep you updated on my progress. Thank you.

Dorine Javier

Forgive me this a very trying time for me an my family. Im unclear on the eviction timeline, but Thank You an the Team . Im forever humble an GRATEFUL. I look forward to making referrals. Im so excited about being able to help, my family an a few FRIENDS. Once again Thank You and God Bless you an the TEAM. Sincerely Dorine Javier

Andrea Genrette

I am very grateful for FRAUD STOPPERS.

Mike Pop, Phoenix AZ

Well, is over now. I lost the house I filled 2 times with the COURT HOUSE.

First time I filled for restraining order and I was denied without getting to see the judge.

The second time I never got an answer. I must done something wrong by filling. Too bad I could not find an attorney in Phoenix to help me.

Anyway, as far FRAUD STOPPERS PMA’ services, 2 tombs up. Regardless, I will strongly recommend your services to any one I will find in need.

Frank, and all your team, THANK YOU.

Respectfully, Mike POP.

“To err is human, and I’m a human too”. Life moves on, and so will I.

CHARLES & BARBARA HAISLIP

Thank you, we contacted Usbank Headquarters and they stopped the Auction of our Home and property yesterday and are doing an Investigation on the whole matter. We also contacted the FBI ,FEDERAL TRADE COMMISSION, & Legal Aid finally got back in touch with us & they said they we're probably going to take our case. Thank y'all again & GOD BE 4 Y'ALL ALWAYS...CHARLES &
BARBARA HAISLIP Shirley, AR

P.S. WE FIRED LEGAL SHIELD

Janet West

Good Afternoon, It is raining, flooding, and awful here in South Carolina. How is the weather there? The purpose for this email is; I have exhausted all credit in order to eat, have lights, food, water, gasoline, insurance, filing papers with SC Courts, and of course to my creditors.

Is there an attorney that you can contact on/for my family's behalf, and seek representation for civil litigation, of SC Rules 22, 23, 37 and 14 most importantly Fraudulent, Criminal activities by others regarding our home, monetary loses, credit reports, etc?

There is no attorney in my state that will represent us, even though, I have spent five years in litigation. Need someone out of state that can practice law in my state.

We can negotiate attorney's cost, and there is no doubt we will lose our case. As possibility contingency? Notice rules related to banks, lawyers, judicial procedure and emails as legal communications of The SC General Assembly's, I believe the 122nd and 123rd. Or send me an invoice and I can see if one of my creditors will assist with addition credit.

Again, without your support, I would have given up a long time ago. and I truly thank you for your humanity. Problem is out of hand and I have an advocate, as or you. We are on a mission, and again, "I feel so humbled and blessed to have you as a friend in my life!"

Janet West, Aiken SC

Julia Elva

Thank you, for helping me end his ongoing nightmare with Ocwen Loan Servicing . In all humility, knowing that God has his people in various place to help tear down obstacles and set others free; to stand up and bring in justice to the weak and those trodden downs without hope. Thanks for standing up for those like me. God is not a man to use and abuse; for he will repay, promote and enlarge your camps. Thank you

Mortgage Fraud Daily News Update ⋅ November 29, 2021

Hi, everyone! I hope you are having a great start to your holiday season! American Property Owners Network ( APON) IS CALLING ON ALL THOSE WHO CARE to organize nationally against the fraudclosure machine! PLEASE SPREAD THE WORD! We need to meet to discuss networking, the APON website and blog, and legal and political actions our network is in the process of planning and doing. We have combined these topics (which were formerly the business of separate APON committees into one 2 hour meeting,...

FRAUD STOPPERS Mortgage Foreclosure Fraud Daily News Update ⋅ November 26, 2021

HOW THEY DID IT: CONVENTIONAL LOAN TRANSACTION EXPLAINED by Neil Garfield The following link leads to an oversimplified chart of a conventional loan transaction, leaving out the actual people at each step and leaving out several of the computer servers:CHART: Conventional Loan Transaction Most people don't have any idea about the number of steps and the number of people in the number of vendors that are involved with a single loan transaction or a single loan payment. But if it was as simple...

Revised UCC Article 9, IRC 1031, and Liens on Real Property

Revised UCC Article 9, IRC 1031 Like Kind Exchange Transactions, and Liens on Real Property.   Revised UCC Article 9, IRC 1031 Like Kind Exchange Transactions, and Liens on Real Property.Did the lien’s beneficial interest maintain perfection, and was it therefore eligible to be negotiated with the note in that capacity, as statutorily required? That would require that you were the actual creditor and that you actually made that note as a maker issuer, for the purposes of being the...

Reverse Mortgages

If you have a reverse mortgage foreclosure to stop FRAUD STOPPERS can help you uncover if you have legal standing to sue for financial compensation, clear and free title to your home or better both! Join FRAUD STOPPERS PMA today and let us help you get the legal remedy the law entitles you too with your reverse mortgage or foreclosure situation.  We offer mortgage fraud audits, expert witness testimony, legal education, court ready legal documents, and a nationwide network of attorneys to help...

Black Knight

Missouri Attorney General Files Suit Against Springfield Public Schools for Sunshine Law Violations After Requesting Documents on Critical Race Theory in Schools November 16, 2021Contact: Constituent ServicesOffice: 573-751-3321 SPRINGFIELD, Mo. – Today, Missouri Attorney General Eric Schmitt filed a lawsuit against Springfield Public Schools for Sunshine Law violations after the Attorney General’s Office requested public records from the school district relating to critical race theory and...

Stop Foreclosure Mortgage Fraud Daily Update ⋅ November 15, 2021

If you want to Stop Foreclosure and stop Mortgage Fraud you must get legal education, legal support, and legal documents. FRAUD STOPPERS has everything you need to Stop Foreclosure and Mortgage Fraud including: legal education, legal documents, court ready evidence, expert witness testimony, attorney network, loan modification audits, and much more. Get all the help you need by joining FRAUD STOPPERS PMA today at https://fraudstoppers.org/pma/ STOP BLAMING JUDGES: Their position is wrong but...

Biden and Court Clerks Trespassing on Private Businesses

Dear Commissioners for the Biden Administration and Court Clerks please stop trespassing upon our private business. Attached are just one example of the documentation of financial warfare for which we have presented to the treasury and the military provided for ex FBI and DOJ, which documents the premeditation of the mortgage crisis.  As you are aware of HSBC involvement not only as the collateral agent for DOMINION SOFTWARE but is the TRUSTEE for hundreds of REMICS involved in the worlds...

Equitable Defenses Explained

Unilateral Mistake: Equitable Defenses Explained — How homeowners can get the upper hand and defend against enforcement of contract that is different from the one they knew or intended by Neil Garfield Homeowners are missing out on a huge opportunity for economic gain that balances the power between Wall Street and consumers. Courts of equity are courts of conscience, which should not be shackled by rigid rules of procedure,[51] and inherent in a court’s equitable powers is the authority to...

What is the best way to prevent title scams

What is the best way to prevent title scams? Q: Recently, the focus has been on title theft and home loss. What is the best way to check the status of a title and prevent the property from being stolen? — James A: Real estate ownership fraud is serious, but fortunately it’s a rare event. In a typical real estate transaction, the certificate is signed, notarized and recorded in the official county record.   Title companies or lawyers usually do this, but anyone who knows how to meet the...

Mortgage Fraud & Foreclosure Daily News Update ⋅ November 6, 2021

Are you behind on mortgage payments? Are you in or facing a foreclosure and at risk of losing your home? There are two main options to save your finances: a Chapter 13 bankruptcy or a Chapter 7 bankruptcy, and our experienced Nebraska bankruptcy attorneys are here to help you decide which option is best for you. How Filing a Chapter 13 Bankruptcy in Nebraska Can Help Save Your Home From Foreclosure A Chapter 13 Bankruptcy will help you save your home, if you can afford to do so. It allows you...

131 federal judges oversaw cases involving companies in which they or their families owned stock

131 federal judges oversaw cases involving companies in which they or their families owned stock BY DEBRA CASSENS WEISS SEPTEMBER 29, 2021, 10:37 AM CDT A Wall Street Journal investigation has found that 131 federal judges oversaw 685 court cases in the last decade involving companies in which they or their families owned stock. The conflict is a violation of U.S. law and judicial ethics, the newspaper reported. “Nothing bars judges from owning stocks,” the newspaper reported, “but federal law...

Foreclosure & Mortgage Fraud Daily News Update ⋅ November 5, 2021

Want to allege fraud? Not so fast by Neil Garfield Both homeowners and lawyers like to throw around the term "fraud upon the court." But it actually ends up diminishing the credibility of both. There are several reasons why you should not allege fraud unless you have indisputable sold proof that the documents and/or oral arguments were filled with statements that were known to be false when they were made. The reality is that homeowners do best when they attack the sufficency of the...

This Sunday, Nov. 7–Organizing meeting; upcoming 5 facebook events; and affidavit-writing campaign

To our government officials Hi, fraudclosure heroes! Please forward the info below (and link to workshop Sunday ) to all who you consider leaders in helping victims of fraudulent foreclosure. Our board members, member-leadership, advisory board members and other anti-fraudclosure movement leaders are invited to a meeting this Sunday at 3 pm with a Dr. Richard Cordero, a judicial expert, to discuss our combined vision for how to obtain unprecedented citizens' hearings and justice in response...

Foreclosure & Mortgage Fraud Daily News Update ⋅ November 2, 2021

Those letters from the lawyer for the alleged “servicer” named PHH by Neil Garfield It is true that someone will execute a release of the lien. What is not true is that they have any authority to do so --- nor is it true that PHH has any right to receive any money, whether it is a monthly payment or a payoff. In fact it is not true that PHH will receive any money. They won't and they don't. All payments are directed through lockbox contracts and FINTECH companies into accounts that may bear...

PennyMac Mortgage Fraud

  FRAUD STOPPERS is the only organization, to our knowledge, that can provide you (and your attorney) with loan level data and mortgage securitization information for all Government-Sponsored Enterprise Mortgages, including Fannie Mae, Freddie Mac, Ginnie Mae, Farmer Mac, Sallie Mae, and PennyMac. Plus all private & off shore Trusts information including World Savings Loans and Washington Mutual (WAMU) mortgages.   Get your trial ready evidence package you need to win your case...

Mortgage Fraud & Foreclosure Daily News Update ⋅ October 29, 2021

        Mortgage Fraud Daily News Update ⋅ October 29, 2021           Report reveals significant increase in mortgage fraud risk Mortgage Professional America At the end of Q2 2021, about one in 120 mortgage applications (approximately 0.83% of all applications) contained fraud – similar to pre-pandemic ... CoreLogic Reports A 37.2% National Year-Over-Year Increase In ... - PROGRESS in Lending - PROGRESS in Lending The risk of mortgage fraud increases significantly in the second quarter -...

FRAUD STOPPERS Foreclosure & Mortgage Fraud Daily News Update ⋅ October 28, 2021

        Foreclosure Daily News update ⋅ October 28, 2021           Home foreclosures are at record lows - Axios Axios Two months after the federal foreclosure moratorium ended, foreclosure activity in the U.S. is at a record low.           Facing foreclosure? Connecticut has $7 million left in COVID mortgage relief fund - NewsTimes NewsTimes A state pilot program in Connecticut aims to prevent a wave of foreclosures as forbearance options end for many homeowners, and there's still ... Fay...

Mortgage Fraud & Foreclosure Daily News October 26, 2021

Foreclosure Daily update ⋅ October 26, 2021 NEWS Judge: Bridgeport church under foreclosure must be vacated - Connecticut Post Connecticut Post Moales had requested a stay of Meyer's previous foreclosure order while he appealed it to the U.S. Second Circuit Court of Appeals. George Comfort & Sons escapes foreclosure on Westchester office campus - The Real Deal The Real Deal George Comfort & Sons' last-ditch refinancing effort has kept its Westchester office campus from being foreclosed...

A Senior’s Guide to Making the Most of COVID-Related Life Changes

A Senior's Guide to Making the Most of COVID-Related Life Changes By Bob Shannon The COVID-19 pandemic has changed everyday life. Senior citizens have been especially impacted due to the fact that they are a high-risk group, not to mention the constant threat of fraudsters capitalizing on the crisis.   However, the increased time at home may have left you feeling isolated, or struggling with daily tasks like grocery shopping. If this applies to you, read on for ideas from Fraud Stoppers...

Foreclosure Mortgage Fraud Daily update ⋅ October 19, 2021

        Foreclosure Daily update ⋅ October 19, 2021     NEWS         Democrats Gopal, Houghtaling, and Downey Highlight Record of Protecting Tenants, Homeowners ... Insider NJ ... legislation that enacted a moratorium on foreclosures and evictions. ... end of 2021 after the foreclosure and eviction moratorium was lifted.     Flag as irrelevant         Message from the CEO: Moving Business Forward - Boca Raton's Most Reliable News Source Boca Raton Tribune ... and will assist City residents...

How to Be a Friend to Seniors in Your Community

How to Be a Friend to Seniors in Your Community By Bob Shannon If you’re looking for some great ways to befriend and care for aging adults in your community, this guide is for you. Fraud Stoppers has compiled a list of resources with info on helping older adults, whether you’re hoping to volunteer with local organizations or offer private transportation and yard work services to seniors in your neighborhood. To explore some of the things you can do to be a good friend to seniors near you, read...

Good Foreclosure Defense

If you're looking for a Good Foreclosure Defense we think you should countersue for fraud; because its usually easier and more effective to win a fight, if you're the one attacking your opponent with overwhelming force! If you agree and want a 100% completely turnkey mortgage fraud or foreclosure fraud litigation package click the button at the bottom of this page! If you are defending a foreclosure one tactic or argument to consider is explained in this recent blog posting by attorney...

Holder of Mortgage vs Holder of Note and Yvanova vs Ibanez

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65 SIGNS THAT YOUR MORTGAGE LOAN & FORECLOSURE DOCUMENTS COULD BE FRAUDULENT

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Here are a few signs of mortgage fraud to look for when considering foreclosure defense factics:

1.     The Mortgage or Deed of Trust is assigned from the Originator directly to the Trustee for the Securitized Trust.

2.     The Mortgage or Deed of Trust is assigned months and sometimes years after the date of the origination of the underlying mortgage note.

3.     The Mortgage or Deed of Trust is assigned from the initial aggregator directly to the Securitized Trust with no assignments to the Depositor or the Sponsor for the Trust.

4.     The Mortgage or Deed of Trust is executed, dated or assigned in a manner inconsistent with the mandatory governing rules of Section 2.01 of the Pooling and Servicing Agreement.

5.     The assignment of the Mortgage or Deed of Trust is executed by a legal entity that was no longer in existence on the date the document was executed.

6.     The assignment of the mortgage or Deed of Trust is executed by an entity whose name is different than the entity named in the original document (i.e., National City Bank Corporation in lieu of ABC Corporation as a division of National City Bank).

7.     The assignment was executed by a party pursuant to a Power of Attorney but no Power of Attorney is attached to the instrument or filed with the instrument or otherwise recorded with local land registry.

8.     The mortgage note is allegedly transferred in a single document along with the Mortgage or Deed of Trust (i.e., “Assignment of the Note and Mortgage”).  You cannot “assign” a mortgage note.  You can only “negotiate” a mortgage note under Article 3 of the UCC.

9.     The assignment is executed by a party who claims to be an “attorney in fact” for the assignor.

10.    The assignment is notarized by a notary in Dakota County, Minnesota.

11.    The assignment is notarized by a notary in Hennepin County, Minnesota.

12.    The assignment is notarized by a notary in Duval County, Florida.

13.    The assignment is executed by an officer or secretary of MERS.

14.    The assignment is notarized by a secretary or paralegal employed by the attorney for the mortgage servicer.

15.    The assignment is executed or notarized by an employee of MR Default Services, Promiss Solutions LLC, National Default Exchange, LP, LOGS Financial Services, or some similar third-party.

16.    The endorsement on the note is actually on an allonge affixed to the note.  In most states, an allonge cannot be used if there is a sufficient amount of room at the “foot” or the “bottom” of the original note for the endorsement.

17.    The allonge is not “permanently” affixed to the original note.  The term permanent excludes the use of staples and tape and as a result you must use a sold fastener such as glue.  Allonges are commonly referred to “in the business” as “tear-off fraud papers.”

18.    The note proffered in evidence is not the original but a copy of the “certified copy” provided to the debtors at the closing.

19.    The note is endorsed in blank with no transfer and delivery receipts.  It is fine to endorse a note in blank, in which case it becomes “bearer” paper under the UCC.  However, in order to prove a true sale from the Sponsor to the Depositor you must have written delivery and transfer receipts and proof of pay outs and pay in transactions.

20.    The note proffered in evidence is not endorsed at the foot of the note or on an affixed allonge.

21.    The assignment of the mortgage or deed of trust post-dates the filing of the court pleading.

22.    The assignment of the mortgage or deed of trust is executed after the filing of the court pleadings but claims to be “legally effective” before the filing.  For example, the deed of trust is assigned on June 1, 2009, with an effective date of May 1, 2007.

23.    The parties who executed the assignment and who notarized the signature are in fact the same parties.

24.    The signor states that he or she is an “agent” for the executing entity.

25.    The signor states that he or she is an “attorney in fact” for the executing entity.

26.    The signor states that he or she is an employee of the executing entity but claims to have custody and control of the records of the entity.

27.    The signor of the document makes statements about the status of the mortgage debt based on his or her review of the “records of the plaintiff” or the “records of the moving party.”

28.    The proponent of the original note files an Affidavit of Lost Note.

29.    The signor claims that the allegations in the court pleading are correct but the assignment of the mortgage and/or delivery and transfer of the note occurs after the law suit or the motion for relief from stay was filed.

30.    One or more of the operative documents in the case is signed by one of the attorneys for the mortgage servicer.

31.    The default payment history filed in the case is prepared by the attorney for the mortgage servicer or a member of his or her staff.

32.    The affidavit filed in support of legal fees is not signed by an attorney with the firm involved in the case.

33.    The name of one or more of the signors is stamped on the document.

34.    The document is a form with standard “fill-in-the-blanks” for names and amounts.

35.    The signature of one or more parties on the document is not legible and looks like something a three year old might have done.

36.    The document is dated and signed years before the document is actually filed with the register of real estate documents or deeds or mortgages.

37.    The proffered document has the word C O P Y stamped on or embedded in the document.

38.    The document is executed by a notary in Denton County, Texas.

39.    The document is executed by a notary in Collin County, Texas.

40.    The document includes a legend “Hold for” a named law firm after recording.

41.    The document was drafted by a law firm representing the mortgage servicer in the pending case.

42.    The document includes any type of bar code that was not added by the local register or filing clerk for such instruments.

43.    The document includes a reference to an “instrument number.”

44.    The document includes a reference to a “form number.”

45.    The document does not include any reference to a Master Document Custodian.

46.    The document is not authenticated by any officer or authorized agent of a Master Document Custodian.

47.    The paragraph numbers on the document are not consistent (the last paragraph on page one is 7 and the first paragraph on page two starts with number 9).

48.    The endorsement of the note is not at the “foot” or “bottom” of the last page of the note.  For example, a few states allow an endorsement on the back of the last page of the note but the majority requires it at the foot of the note.

49.    The document purports to assign the mortgage or the deed of trust to the Trustee for the Securitized Trust before the Trust was registered with the Securities and Exchange Commission.  This type of registration is normally referred to as a “shelf registration.”

50.    The document purports to transfer the note to the Trustee for the Securitized Trust before the date the Trust provides for the origination date of instruments in the Trust.  The Prospectus, the Prospectus Supplement and the Pooling and Servicing Agreement will clearly state that the pool of notes includes those originated between date X and date Y.

51.    The document purports to transfer the note to the Trustee for the Securitized Trust after the cut-off date for the creating of such instruments for the Trust.

52.    The origination date on the mortgage note is not within the origination and cut-off dates provided for the by terms of the Pooling and Servicing Agreement.

53.    The “Affidavit of a Lost Note” is not filed by the Master Document Custodian for the Trust but by the Servicer or some other third-party.

54.    The document is signed by a “bank officer” without any designation of the office held by the said officer.

55.    The affidavit includes the following language on the bottom of each page:  “This is an attempt to collect a debt.  Any information obtained will be used for that purpose.”

56.    The document is signed by a person who identifies himself or herself as a “media supervisor” for the proponent.

57.    The document is signed by a person who identifies himself or herself as a “media coordinator” for the proponent.

58.    The document is signed by a person who identifies himself or herself as a “legal coordinator” for the movant.

59.    The date of the signature on the document and the date the signature was notarized are not the same.

60.    The parties who signed the assignment and who notarized the signature are located in different states or counties.

61.    The transferor and the transferee have the same physical address including the same street and post office box numbers.

62.    The assignor and the assignee have the same physical address including the same street and post office box numbers.

63.    The signor of the document states that he or she is acting “solely as nominee” for some other party.

64.    The document refers to a power of attorney but no power of attorney is attached.

65.    The document bears the following legend:  “This is not a certified copy.”

Why You Should Never Make an Admission to a Contract of Indebtedness

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We understand the operating documents of the Pooling and Servicing Agreement and if the security evidence by the mortgage security instrument, conveyed with the tangible note negotiation, before the cut off data of the REMIC.

We are absolutely familiar with how you would sit down and break down a true sale from party A from party B to convey the security and to maintain the fiduciary duty under the Common Law Deed of Trust to release and reconvey, release and reconvey, to maintain clear and marketable title.

So, we know the foundation under the UCC for that.

Then, we also understand the underlying arguments that the banks and their attorneys use against people making securitization foreclosure defence arguments, which may have done a proper statement of fact as to what’s required to accomplish a true sale between all these parties and maintain perfection over the lien.

However the banks and their attorneys are going to succeed by not having a Chain of Title, by stating that they negotiated the note in Bearer Form under Article UCC 3205 Sub section B with no payee named as a bearer instrument.

This essentially gives them a purported temporary perfection of the original holder, while they physically transfer the instrument, by daisy chain, which doesn’t require for them to maintain a Chain of Title, until the instrument is specially endorsed.

This is how the banks and their attorneys beat almost everybody from New York to California on standing, and whether or not they had a secured interest over the lien; because nobody has a the way to argue against whether or not they made the instrument of bearer paper and physically negotiated it, because they weren’t required to maintain a Chain of Title in that aspect.

So that’s how the banks and their attorneys are able to win nine times out of ten. Because what they’re saying is that in the negotiation under 3205 B, the security followed the note, whenever the custodian of record received the instrument prior to the cut-off date, making the note and the security securing trust property before the cut-off date.

That’s how the banks and their attorneys are able to beat you.

So let’s reverse engineer this, let’s take that note all the way back to the closing, and reverse the whole concept and transaction.

What you have to be able to show is that you have one purported transaction, concealing the realistic transaction.

Did the lien’s beneficial interest maintain perfection, and was it therefore eligible to be negotiated with the note in that capacity, as statutorily required?

However what that would require that you were the actual creditor and that you actually made that note as a maker issuer, for the purposes of being the beneficiary of the debt that was created.

This is what the banks and their attorneys want you to believe in the matter of equity:

  1. That your signature was as a maker issuer and therefore created value to the instrument
  2. You negotiated with the party that you sat down at closing with
  3. They accepted the instrument by negotiation
  4. They were a federal reserved depository institution that could accept article three instruments by deposit
  5. They gave you consideration in the form of cash, not Ultra Vires, for your promise to pay instrument executing an underlying indebtedness contract

Well in an IRC 1031 Like Kind Exchange, Table Funded Securitized Mortgage Loan Transaction that didn’t happen. That did not happen; that negotiation, acceptance and consideration is not what a table funded securitization transaction is!

So the money is not created from your signature, negotiated and then the note negotiated between state to state physically, that doesn’t happen in a table funded transaction.  Rather it’s in direct reverse engineer – the money was created from the sale of the certificates and the special deposit, special purpose vehicle on Wall Street.

They take the certificate holders funds to the securities to special deposit the pool of assets.  That pool of assets is used in the SPV alternative investment opportunity through the warehouse line of credit, and that’s what the sponsor bank is using as the table funding credit in the transaction itself.

So yes, we would have some arguments like robo-signing and the improper negotiation, transfer, and delivery of the mortgage loan contract all the way through the securitization scheme, as part of the material defects found in the transactional scheme itself – but what we don’t want to do is provide any language as an admission to you being the account debtor.

You also want to make sure you understand what is meant by using terms like the “alleged debt”, because you’re going to piss the Judge off, really badly; a lot of people do it. Because, they don’t know how to speak to the transaction as it relates to what that means.

So let me give you the perspective that the Judge is going to have. The Judge is only looking at the intent of the contract. So all the little details, the semantics of this right now, the first thing the Judge is going to do, is look at it from a cursory equity standpoint.

Q:  Did you intend to get a home

A:  Yes

Q:  Are you in a home?

A: Yes

Q:  Okay, so you’re in the collateral.

A:  Yes

Q:  Okay and did you intend whenever you went to go get the home to get an obligation or a loan associated to that.

A:  Yes

Okay, yes that’s obvious or else you wouldn’t be in the collateral

Q:  Okay so you’re in the collateral – an obligation exists – and you also pledged a lien to encumber your property to secure that obligation, so that if you couldn’t perform on the contractual payment obligation the holder of the obligation would have the lien to enforce, do a foreclosure sale to enforce an ultimate means of collection.

A: Yes.

Okay.  So just looking at the intent of the contract, you are in the collateral, you know that you signed something at the closing- there’s an obligation – and it’s in default.

The institutions claiming to be the holder of that obligation and to be the secured party of record via an assignment of the security instrument perfected in public record.

Are there any other parties that are involved in this transaction?

No!

And if some other financial institution was holding an obligation and saw that deed of trust or signed with a deed of trust recorded on public record, they would immediately file to acquire the title and they would be there defending their right to the obligation and the collateral itself.

So because there’s no other financial institution showing up claiming to be the holder and to having a subsequent assignment of deed of trust or mortgage recorded for enforcing through a foreclosure action – than nine times out of ten – the Judge is going to give the party holding the obligation the benefit of the doubt as a matter of the intent of the contract.

So, in terms of the intent of the contract, this is where it becomes so viable for you to understand, what your capacity into the transaction is.

When the judge ask you: “Did you sign the note – in the effort to get the collateral?”

Your answer is “Yes.”  – But you need to be able to specify the answer to yes as “well yes your honour but I’m not the account debtor.  I signed into this transaction as an accommodation party or guarantor. The party that I signed as a guarantor for, made available the obligation through a securitization transaction without my knowledge and purportedly negotiated the security evidence by the deed of trust/mortgage lien that I pledged to them, uniquely, to secure these receivables in this transaction as well. 

What I need to know your honour is does my lien secure the tangible contractual obligation or does it secure the receivables?”

The answer to the receivables is no. You cannot attach article 9 to the UCC receivables (securities) to enforce a lien on real property. A lien on real property under revised article nine is not secured by a lien on real property, so article nine does not fit the common law argument that the transfer of an obligation carries the beneficial interest of the lien and the lien itself.

Here is the lie that the banks almost always defeat homeowners with.

“Here’s a copy of the note your honour, the security follows the obligation we all know that.”

Yes, that’s accurate, under common law and U.S. Supreme Court. Carpenter v. Longan (1872) the note and mortgage are inseparable; the former as essential, the latter as an incident. An assignment of the note carries the mortgage with it, while an assignment of the latter alone is a nullity.

Furthermore under revised article 9 of the Uniform Commercial Code (UCC) the banks do not necessarily have to record each transfer of the mortgage loan contract in public records; all they have to do is, in essence, be in possession of the note and they can claim rights to enforce it.

Therefore you need to be able to be able to explain (and prove) how your capacity is to the obligation. “Your honour I am not the account debtor.  I was a guarantor to this party.  I am not a guarantor to everybody else that claims to be the holder of the obligation”

And it’s their capacity of an accommodated party to the certificate holders on Wall Street.  They’re not the real creditors.  Their job is to put the certificate holders into funds associated to your payment string.

All of this is predicated on laying the proper order of operations, in line with statutory capacities, that clearly part and parcel and separate the root question of: Does revised article nine and liens on real property secured defaulted receivables in a securitization transaction?

That’s your root question.

You just have to be able to have it all put in the proper sequence in statutory capacities, as it relates to your state, and what took place in order to defend the lien itself the property.

How have you been harmed?

In pre-foreclosure it’s not so much that you’ve actually been harmed, it’s whether or not they have clean hands in the transaction.  So this, at its root is an Equitable Estoppel issue. In the like kind exchange transactional scheme there is a senior secured party and a junior secured party – the originator of the loan (named on the note as the lender) is the senior secured party, and the trustee for the REMIC trust is the junior secured party.

But it’s one transactional scheme, its one organism, so you have to be able to show that they – in the race of diligence – that the junior secured party made sure that the originator recorded that underlying security of trust, so they could perform the rest of the transaction.  But ten years later upon default of the receivables, to cause an assignment of the beneficial interest of evidence about your underlying security instrument, that security instrument doesn’t maintain perfection from now, until infinity. You can lose perfection over that lien. 

So, having the proper capacity, order of operations, and then statement of facts of how they lost perfection, and to show that it is inequitable for the holder of the receivables to attempt to cause an assignment of the underlying security instrument, because they were only negotiated the receivables, with unclean hands. That’s what you have to show that they don’t have an equitable claim to.

Hypothecation is a third party pledging collateral on your behalf. So, let’s say for instance, if you pledged the real property to the originator party on the ten thirty one exchange transaction scheme you specifically gave legal title to that party. Not to the trustee under that instrument, and the beneficiary of the security instrument. The beneficiary of the security instrument then in turn pledged a separate and subsequent value – which is the proceeds of the real property.

Let me give you an example.  Consider a wheat field. The land is the real property, but the Wheat and the Harvest are the proceeds of the real property.

In this securitization transaction the original secured party is granting the proceeds, the actual required collateral to the real property and hypothecating that proceed as the payment intangible, which is the transferable record on the obligation.

So, you have to be able to show that it’s under revised article nine; it does not apply to liens on real property.  It may apply to title loans, student loans, and unsecured obligations, but it does not apply to liens on real property.

Remember, it’s either you sold the contract in its entirety to a successor and interest through a true sale; or you sold the underlying tangible value of the contract.

Remember when people paid off their loans and they received their notes and their deed back, and they would have deed burning parties?

That doesn’t happen anymore because that transactional scheme where that was your note, that you made and negotiated with a bank that could accept it, deposit it, and give you real money for a loan so you could purchase the property.  That’s the savings and loan model.

In that transaction the bank you contracted with actually risked giving you real money, and was going to hold that thirty year instrument until its full rate of return.  Its portfolio division wanted to buy that obligation and they underwrote you as your credit worthiness and they gave you the loan.  You had skin in the game, you qualified financially and they were willing to take a risk on you.  That was a real contract between you and the bank.

But what happened with the securitization bubble is they lifted the Glass–Steagall Act and the Gramm Bliley Leach Act and they made way for this transactional scheme were they could divert the risk of creating the money, which was done by lying and cheating the certificate holders through a perspective supplement which was pre-fabricated on the yield spread of those securities, under the nineteen thirty three, thirty four Security and Exchange act.

So they went to Standards & Poor’s and they got all those credit enhancements and they pre-sold those securities. Well that’s what the special deposit is for the REMIC trust, the trust vehicle; the special purpose vehicle. So, through special deposit, they generated those funds with the sale of the securities, that’s what makes the credit swaps available for the sponsor bank, to work with the originator to the table fund transaction.

Once you’re able to understand the blue print of the transaction and then you set the order of operations in place, and then you couch the interested parties, and then couch their capacity, and then what are they negotiating and what’s its statutory intangible interest, and what governs that, and once you set the mouse trap in place, and it can follow the order of operation it’s not that complicated.

To get to the root question you just have to be able to see all of that and to be able to understand the root question.

The root question is “in what capacity did you sign the note (as maker/issuer) or as an (accommodation party/guarantor)?

Get all your questions answered and get the help you need to get the justice you deserve at: www.fraudstoppers.org/pma

70 MILLION MORTGAGES MAYBE LEGALLY VOID!

DO YOU HAVE ONE OF THEM?

 

BANKS AND WALL STREET TRUSTS HELD ACCOUNTABLE FOR WRONGFUL ASSIGNMENT OF DEEDS OF TRUST!

General Overview: Upwards of 70 million mortgage-loan-contracts are legally faulty. It has now been determined that many of the entities attempting to foreclose on homes do not hold legal title to do so.

If you suspect that you may have been wrongfully foreclosed upon, or are currently facing foreclosure, we recommend that you read and research the Glaski v. Bank of America case and the CA Supreme Court Case Yvanova.

In 2006 the California Supreme Court ruled in Yvanova v. New Century Mortgage Corporation (Case No. S218973, Cal. Sup. Ct. February 18, 2016) homeowners have standing to challenge a note assignment in an action for wrongful foreclosure on the grounds that the assignment is void.

What does Glaski v. Bank of America mean to you?

The Glaski decision presents the idea that if some entity wants to collect a debt or foreclose on your property, they must first own the debt. Furthermore, if that entity is claiming ownership by way of an Assignment, it must prove that Assignment is valid.

“This is one of the most significant cases in Calif. Real Estate Law in the last fifty years,” explained Stephen J. Foondos, managing partner of United Law Center. “Unlike the myriad weak modification programs that gave little or nothing to a relatively small number of homeowners, the Glaski decision offers real financial relief to all who were (wrongfully) foreclosed upon.”

In the Glaski case, Mr. Glaski was foreclosed on and evicted. He sued for wrongful foreclosure claiming the entity that foreclosed was not the proper party because they did not own his promissory note. Glaski alleged that days after he signed his mortgage with his bank, the bank assigned his note to a securitized “Wall Street” trust and that the Assignment document was not filed timely as required under the state laws in which it was created.

Since the Assignment of Mr. Glaski’s note to the securitized trust was invalid, the trust did not own his note and therefore could not foreclosure, and hence the foreclosure was wrongful. The Court of Appeals agreed. (Notably, if the trust never owned the note then it never had the right to collect any of his mortgage payments—which means Glaski [and any other Plaintiffs] can sue for reimbursement of those payments too)!

Although the banks tired to appeal the Glaski decision, it did not work. Recently the California Supreme Court upheld the Glaski decision. This Supreme Court Decision could help bring down the house or cards (and deceit) that the banks have created and have been fighting hard to maintain.

All homeowners who lost their properties to foreclosure, or are currently in the foreclosure process, are encouraged to review their original loan paperwork for signs of a fraudulent foreclosure. “There are tell-tale signs on your original loan paperwork that can indicate an improper handling of your Deed of Trust.

What bank did you originally sign with? Major Banks securitized nearly 90% of all their loans; nearly all failed to properly assign them. These include, but are not limited, to:

  • Countrywide Home Loans
  • JPMorgan Chase
  • Bank of America
  • Wells Fargo
  • Washington Mutual

 

What was the date of your Assignment of Deed of Trust? Look to see if an Assignment of Deed of Trust was filed. If so, your lender does not likely own your note. If the recording date of the Assignment is near the time of foreclosure, then that entity had no legal right to foreclose. And if that’s the case you need to file suit against them because they are attempting to foreclose on your home ILLEGALLY!

Here is one major sign of fraud to look for: Seeing the term MERS (The Mortgage Electronic Registration System) on your loan documents: Deed of Trust, Notice of Default, and Notice of Trustee Sale.

What is MERS? MERS is the Mortgage Electronic Registration Systems it was created by banks in order to “streamline” the warehousing of loans and mortgage documents. Basically MERS is a front organization that was created to defraud homeowners and government agencies. It pretends to hold your note, but in fact MERS actually holds nothing!

Banks set up MERS in the late 1990s to help speed the process of packaging loans into mortgage-backed bonds by easing the process of transferring mortgages from one party to another. But ever since the housing crash, MERS has been besieged by litigation from state attorneys general, local government officials and homeowners who have challenged the company’s authority to pursue foreclosure actions. Recently there have been many court decisions delivering death blows to MERS and you may be able to take advantage of this FACT.

For example the Washington State Supreme Court dealt a death blow to MERS: “The highest court in the state of Washington recently ruled that a company that has foreclosed on millions of mortgages nationwide can be sued for fraud, a decision that could cause a new round of trouble for the nation’s banks.

The ruling is one of the first to allow consumers to seek damages from Mortgage Electronic Registration Systems, a company set up by the nation’s major banks, if they can prove they were harmed. Legal experts said this decision from the Washington Supreme Court could become a precedent for courts in other states. The case also endorsed the view of other state courts that MERS does not have the legal authority to foreclose on a home.

“This is a body blow,” said consumer law attorney Ira Rheingold. “Ultimately the MERS business model cannot work and should not work and needs to be changed.” A spokeswoman for MERS said the company is its role in the financial system will withstand legal challenges. The Washington Supreme Court held that MERS’ business practices had the “capacity to deceive” a substantial portion of the public because MERS claimed it was the beneficiary of the mortgage when it was not!

This finding means that in actions where a bank used MERS to foreclose, the consumer can sue it for fraud. If the foreclosure can be challenged, MERS’ involvement would make repossession more complicated. On top of that, virtually any foreclosed homeowner in the state in the past 15 years who feels they have been harmed in some way could file a consumer fraud suit.

Currently there is an estimated 70,000,000 mortgages that MERS claims to hold. This represents about 60% of the residential real estate in the United States of America. So chances are your mortgage and loan has been compromised. You can learn more about MERS, and search the MERS database to see if your mortgage loan is a MERS loan by clicking here.

Here are 65 more signs of fraud you can look for. If you see any of these signs we recommend that you contact us right away because you may have legal standing to sue your lender, or current loan servicer, for mortgage and/or foreclosure fraud.

If you are missing copies of your mortgage loan documents you may be able to can get free online copies by clicking here.

Now is the perfect time to sue the banks over mortgage and foreclosure fraud because the legal tide is beginning to turn, and homeowners are starting to win. You can read the Yale Law Journal Review paper entitled “In Defense of Free Houses” for proof.

Kimberly L. Thomas (Baltimore MD) sued Wells Fargo in Montgomery County Circuit Court for wrongful foreclosure and her six-member federal jury convicted Wells Fargo of fraud, negligence and other charges for inflating Thomas’ income and assets on her mortgage application, and locking her into a bigger loan than she had applied for — one she couldn’t afford. She was awarded $250,000 in special damages, plus another one million dollars in punitive damages! You can read her case by clicking here.

David and Crystal Holm also sued Wells Fargo for wrongful foreclosure and quiet title and were awarded $2,959,123.00 in financial damages and clear and free title to their home. You can read about their case by clicking here.

IF you have a MERS mortgage, or you feel that you have been harmed by your lender, we recommend that you take immediate action and register for a Free Mortgage Fraud Analysis to determine if you have legal standing to sue your lender, or current loan servicer for mortgage fraud.

Remember the banks business model is to foreclose on homeowners. Securitization is the reason that banks want to foreclose on homeowners.  When a bank assigns the risk of a loan to investors (certificate holders) of a Real Estate Investment Conduit Trust (SPV), the “bank” is no longer a traditional bank that gets the benefit of mortgage payments.

Mortgage banks give as few modifications as possible and comply minimally with statutes put in place to protect borrowers, all while employing tricks to “cash in” on homeowners’ defaults, pushing them to foreclosure.  

Banks benefit from foreclosures more than loan modifications because of something called “creaming the debt.”  If the Banks modify the loan, their penalties and fees might not get paid to them.  When they foreclose, they get their penalties first, before the investors– which is the “creaming.” The mortgage banks make more money from foreclosure than actually servicing the homeowner’s payment.

When foreclosure becomes a possibility, like when a borrower misses a payment or asks for a modification, the banks seize the opportunity for increased profit by foreclosure. Foreclosure is clearly the fattest pot of gold possible and it’s for this reason foreclosure is the bank’s primary goal. 

The banks take the risk of litigation because few people sue, but getting legal information as soon as possible can make the difference between homeowners asserting their rights, or losing their homes while being bulldozed by the bank.

 

Bank Trick #1:  Refusing Payments

The bank refuses the check a homeowner sends in. 

The bank may offer a reason (for example, there’s a mistake on the account) or it might offer no explanation at all.  The bank may even offer the homeowner a loan modification.  The bank does this to delay the homeowner from immediately contacting an attorney to pursue a breach of contract claim.

Alternately, the bank may take trial payments in an effort to further delay the homeowner until the arrears (also known as the forbearance)  becomes so great that the homeowner is ineligible for a loan modification or unable to repay the debt. Eventually, the servicer combines this trick with other tricks, such as changing servicers, to draw the homeowner further into default. 

 

Bank Trick #2:  Switching Services during Modification

A homeowner gets a loan modification with one servicer and makes trial payments.  The servicer advises the homeowner that it is switching servicing rights to another servicer.

The new servicer claims to know nothing about the modification and delays the homeowner for months waiting to get the relevant “paperwork.”  No matter how many times the homeowner sends proof of the modification, the new servicer refuses to honor it.  It is a violation of California law to not honor a modification from a prior servicer but servicers know that most people will not pursue litigation.

 

Bank Trick #3:  Breaching a Modification Contract

The homeowner gets a loan modification that includes a balloon payment of, for example, $50,000 after 20 years.  After paying on this loan modification for a year and a half, the homeowner gets a new modification in the mail from the same servicer with a balloon payment of $150,000.  No matter how many times the borrower calls the servicer, or tries to forward the existing modification, the agent will respond with a fixed script that does not acknowledge the prior modification but only talks about the new one. 

The confused borrower will feel like he or she is talking to a robot (on a recorded line, being monitored by a supervisor).  Eventually, if the borrower does not sign and execute the new modification, the bank will begin to refuse their payments on the old modification.

The servicer will also create a paper trail that tells a different story than what is actually happening.  If the bank is trying to stick a borrower with a new modification, the paper trail will show the borrower is refusing the modification and mention nothing about the old one. Eventually, the servicer will stop accepting payments unless the homeowner acquiesces to the new modification.

 

Bank Trick #4:  Extra Fees & Escrow Accounts

The homeowner receives a bill for extra fees out of nowhere so that the mortgage payment becomes something the homeowner suddenly can’t afford.  The servicer refuses to accept any “partial payment.”  After that, the bank continues adding on fees each month, increasing the amount the borrower has to pay to reinstate. They may offer the homeowner a loan modification as a distraction to trick the homeowner into a longer default.  Because the borrower thinks they are getting a modification, they will spend the money they would have put towards their mortgage and be unprepared to pay their arrears if the modification falls through, as it most likely will. The servicer does all this while telling the borrower they are there to help.

The servicer may pay homeowner taxes early and then accuse the homeowner of not paying them.  The servicer may point to a clause in the mortgage that says if the homeowner doesn’t pay the taxes, they can raise the interest rate. They may begin charging the homeowner for forced place insurance at a high rate even though the homeowner already has insurance. This is something the homeowner only finds out after-the-fact when trying to pay property taxes. 

 

Bank Trick #5:  False Notices

In a non-judicial foreclosure state, such as California, foreclosure is done by recorded notice.  The Notice of Default states the amount of arrears that a homeowner must pay back to reinstate the loan.

Servicers uniformly overstate this amount by up to $20,000, which serves two purposes: (1) It scares borrowers with an inflated amount of arrears that they believe they can’t cure; and (2) It creates a paper trail for the bank so they can claim more money from investors.

 

Bank Trick #6:  Multiple Modifications and Dual Tracking

The bank must respond to the loan modification application with a denial or approval within a definite period.  A denial must be in writing and must inform the borrower of the right to appeal.  The bank cannot “dual track” a borrower by posting Notices of Foreclosure and Trustee’s Sale while reviewing the borrower for a modification.

There are big penalties for “dual tracking” by the bank, but only if it is the borrower’s first time applying.  This is why a servicer will often deny a modification over the phone or encourage a borrower to apply again.  Once a borrower becomes a serial modifier, the bank can dual track the borrower all it wants without statutory penalties. And, it will.

You don’t have to let the banks get away with these tricks and scams! According to a government audit 83% of the mortgages contain legal violations, legal errors, contract breaches, appraisal fraud, mortgage fraud, and other legal issues that can be legally problematic for banks attempting to foreclose.

However, thanks to groundbreaking cases like the Glaski v. Bank of America case and the Jesinoski v. Countrywide Home Loans, case there is hope for homeowners who want to fight to save their homes from mortgage and foreclosure fraud.

The Glaski decision (California State Court) presents the idea that if some entity wants to collect a debt or foreclosure on your property, they must first legally own the debt. Furthermore, if that entity is claiming ownership by way of an Assignment, it must prove that Assignment is legally valid.

The Jesinoski decision (Federal Supreme Court) deals with a homeowner’s right to rescind (or cancel) the loan agreement, and stated that the loan is rescinded the moment the rescission letter is mailed! Furthermore if the lender wants to challenge the rescission it only has 20 days to do it!

The Supreme Court stated in Carpenter v. Longan that “the mortgage follows the note” and that the note and mortgage are inseparable because the assignment of the note carries the mortgage with it, while the assignment of the mortgage alone is a legal void!

Our research shows that the majority of Assignments are void; because  most pooling and servicing agreements are trust that are governed by New York law.  New York law says that if you are not punctilious in following the trust documents for a transfer, the transfer is void. It doesn’t matter if you intended it or not, it’s void.

That transfer is void even if the transfer would have otherwise been compliant with law. And if the transfer is void, that would mean that the trust do not own the mortgages; and therefore lacks standing to foreclose.

It’s axiomatic that in order to bring forth legal action, the plaintiff must have legal standing. Only the mortgagee has such standing. Thus various problems like false or faulty affidavits, as well as back dated mortgage assignments, and altered or wholly counterfeited notes, mortgages, and assignments all relates to the evidentiary need to prove standing.

I cannot decide for you the moral obligations you should pursue; but if a wrong has been committed against you (such as a clouded title or a fraud resulting from a mortgage loan) you have the duty as an American property owner to correct it. Filing a lawsuit (in my book) reflects one’s personal responsibility. Furthermore if you read your mortgage or deed of trust you agreed to defend the title to your property against any false or faulty liens or encumbrances.

If you have a broken chain of title, or cloud on title, it is your legal right and duty to file a quiet title lawsuit in order to obtain clear and equitable title to your home!

Register for a Free Mortgage Fraud Analysis and we will analyze your loan documents and conduct a free securitization search to determine if you have legal standing to sue your lender, or current loan servicer for financial compensation for fraud, clear and free title to your home, or both!

If we determine that your loan qualifies for a quiet title lawsuit we will provide you with a FREE TILA Rescission Letter that you can mail to your lender to immediately rescind (or cancel) your mortgage loan contract under the recent Federal Supreme Court case Jesinoski v. Countrywide.

In addition to this FREE TILA Rescission Letter we can also provide you with a court ready, turnkey, quiet title or wrongful foreclosure lawsuit that can help you save time and money (and increase your odds of success) suing for the legal remedy that the law entitles you to and that you deserve.

To register for your free mortgage fraud analysis click here: https://fraudstoppers.org/welcome/

Remember do NOT give up on your piece of the American Dream, because you may have legal remedy available. 

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