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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.
STOP FORECLOSURE AND MORTGAGE FRAUD
WITH FRAUD STOPPERS PRODUCTS AND SERVICES
FRAUD STOPPERS PMA can help you stop a foreclosure sale and stop an eviction by providing you with Administrative Documents and Court Ready Legal Documents needed to gain the legal remedy the law entitles you to. Join FRAUD STOPPERS PMA now and get the facts & evidence you need to get the legal remedy you deserve. Click here
FRAUD STOPPERS PMA can provide you with a Turnkey Lawsuits that include court ready Complaints, Exhibits, Trail Ready Evidence, Expert Witness Affidavits, Expert Witness Testimony, Application for Temporary Restraining Order,TRO, (to stop a foreclosure sale or eviction), and Lis Pendens (to cloud the marketability of the title to the real property). Get everything you need to sue your lender for mortgage or foreclosure fraud at wholesale pricing today. Join FRAUD STOPPERS PMA now and get the facts & evidence you need to get the legal remedy you deserve. Click here
FRAUD STOPPERS PMA can provide you and your attorney with Trial Ready Evidence to win a Quiet Title Lawsuit, Wrongful Foreclosure Lawsuit, or Mortgage Fraud Lawsuit. Such as: Mortgage Fraud Audits, Bloomberg Securitization Audits, Robo-Signing Audits, Chain of Title Investigations, Forensic Audits, Exhibits, Expert Witness Affidavits, and Expert Witness Testimony. Join FRAUD STOPPERS PMA now and get the facts & evidence you need to get the legal remedy you deserve. Click here
Get Knowledge, Get Understanding! FRAUD STOPPERS PMA can help you win your case (with or without an attorney). Learn case winning tactics and procedures. Learn what your attorney should and should not be doing. Learn how to control lawyers and judges! Learn everything you need to win your case from A to Z, in less than 24 hours with the #1 selling Pro Se Legal Education Course since 1997. Join FRAUD STOPPERS PMA now and get the facts & evidence you need to get the legal remedy you deserve. Click here
Get a Trial Ready Bloomberg Securitization Audit and discover who actually funded your mortgage loan transaction. Does your current lender or loan servicer have the legal rights to enforce your mortgage? Your Bloomberg Securitization Audit includes: Time Stamped Bloomberg Screenshot[s], Pooling & Servicing Agreement, Mortgage Fraud & Robo-Signing Check, Credit Default Swap Analysis, Chain of Title Investigation, and an Expert Witness Affidavit. Join FRAUD STOPPERS PMA now and get the facts & evidence you need to get the legal remedy you deserve. Click here
Discover if your mortgage loan and foreclosure documents contain false and forged signatures of mortgage assignments, satisfactions, affidavits, and other legal documents related to mortgage foreclosures with a Robo-Signing Audit. The Robo-Signing scandal is an opportunity to challenge a foreclosure in court, negotiate with your lender, and buy time. Robo-Signing Audit, Get a Robo-Signing Audit today. Join FRAUD STOPPERS PMA now and get the facts & evidence you need to get the legal remedy you deserve. Click here
CHAIN OF TITLE INVESTIGATIONS
Has your loan been sold or transferred over and over again? Is your chain of title broken? Do you have a clouded title? If so, get a Chain of Title Investigation that includes a full chain of title analysis of all the ASSIGNMENTS & TRANSFERS of your mortgage loan contract, revealing how and where your loan was transferred from the origination of the loan until today. Get the trail ready evidence you and your attorney needs to win a quiet title lawsuit or wrongful foreclosure lawsuit today. Join FRAUD STOPPERS PMA now and get the facts & evidence you need to get the legal remedy you deserve. Click here
MORTGAGE FRAUD AUDITS
Does your mortgage loan contract contain fraud, legal violations, breaches of contract, or tortuous conduct? If so you may have legal standing for remedy. Join us and get a Mortgage Fraud Analysis and Bloomberg Securitization Search right now, and find out if your loan qualifies for a Mortgage Fraud Audit that includes a chain of title investigation, Robo-Signing check, securitization audit, and expert witness affidavit. Join FRAUD STOPPERS PMA now and get the facts & evidence you need to get the legal remedy you deserve. Click here
FRAUD STOPPERS PMA can help you save time and money and increase your odds of success Pro Se, with Professional Paralegal support products and services. Join FRAUD STOPPERS PMA now and get the facts & evidence you need to get the legal remedy you deserve. Click here
FRAUD STOPPERS PMA can help you negotiate a loan modification or meditation settlement with our Professional Meditation Settlement Services. You can save money and get your loan modification you deserve with our Pro Se loan modification program. Join FRAUD STOPPERS PMA now and get the facts & evidence you need to get the legal remedy you deserve. Click here
FRAUD STOPPERS PMA can help you file for bankruptcy to stop your foreclosure sale or eviction Pro Se with Free Bankruptcy Documents. File a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, or a chapter 20 bankruptcy. Join FRAUD STOPPERS PMA now and get the facts & evidence you need to get the legal remedy you deserve. Click here
If your credit score has been negatively impacted by late payments, a foreclosure sale, or other credit circumstances FRAUD STOPPERS Credit Repair connection has you covered. Through a simple but powerful 3-step process, the credit repair team can help you improve your credit score fast and easy for a low monthly payment. Join FRAUD STOPPERS PMA now and get the facts & evidence you need to get the legal remedy you deserve. Click here
EXPERT WITNESS AFFIDAVITS
FRAUD STOPPERS Bloomberg Securitization Audit, Mortgage Fraud Audit, Robo-Signing Audit, and Chain of Title Investigation includes a signed and notarized Expert Witness Affidavit from one of the top experts in the industry who is available to provide you and your attorney with the expert witness testimony that you need to win your Quiet Title Lawsuit, Mortgage Fraud Lawsuit, or Wrongful Foreclosure Lawsuit. Get a professional Expert Witness Affidavit today. Join FRAUD STOPPERS PMA now and get the facts & evidence you need to get the legal remedy you deserve. Click here
EXPERT WITNESS TESTIMONY
FRAUD STOPPERS PMA can provide you and your attorney with the third party expert witness testimony you need to win your case. Get the professional Expert Witness Testimony that you need to win your case today. Join FRAUD STOPPERS PMA now and get the facts & evidence you need to get the legal remedy you deserve. Click here
Wrongful Foreclosure is common today because approximately 70 million mortgage loans have been securitized into Mortgage Backed Securities (MBS) and sold to Wall Street. If you are currently facing a foreclosure sale, or your house was sold at a foreclosure sale or auction, join now and get Mortgage Fraud Analysis and Bloomberg Securitization Search right now because you may have legal standing to sue for Wrongful Foreclosure seeking financial compensation and possibly clear and free title to your home. Click here
QUIET TITLE LAWSUITS
A Quiet Title lawsuit establish a party’s legal title to real property and can “quiet” any challenges or claims to the title of that property. If you have a clouded title or a broken chain of title you can use a Quiet Title Lawsuit to obtain “Clear and Marketable” title to your property. If you have a MERS Mortgage, or your mortgage loan contract has been sold or transferred numerous times you may need a Quiet Title Lawsuit. Join FRAUD STOPPERS PMA now and get the facts & evidence you need to get the legal remedy you deserve. Click here
Stop Foreclosure Fast with a Foreclosure Defense Attorney. FRAUD STOPPERS PMA can help connect you to a Foreclosure Defense Attorney to stop your foreclosure sale or eviction, sue for Quiet Title or Wrongful Foreclosure, or negotiate a loan modification. Foreclosure Defense Attorney who are dedicated to helping homeowners who are struggling with mortgage or foreclosure problems. Join FRAUD STOPPERS PMA now and get the facts & evidence you need to get the legal remedy you deserve. Click here
NOTICE OF DEFAULT
If you have received a Notice of Default (NOD) FRAUD STOPPERS PMA can provide you with a powerful proven way to correctly respond to the Notice of Default (NOD) securing all of your legal rights to remedy and laying the groundwork for a state and federal lawsuit for mortgage and foreclosure fraud. Join FRAUD STOPPERS PMA now and get the facts & evidence you need to get the legal remedy you deserve. Click here
FRAUD STOPPERS PMA can help you respond to a notice of default, foreclosure notice, motion to dismiss, demurrer, default judgment, or Final Summary Judgment with professional prepared, court ready, legal documents. If you have to respond to a notice of default, answer a foreclosure complaint, answer a motion to dismiss or demurrer, or file a motion to vacate summary judgment, Join FRAUD STOPPERS PMA now and get the facts & evidence you need to get the legal remedy you deserve. Click here
If you are seeking an honest, ethical, real estate investor to work with on a short sale, deed in lieu, keys for cash, or joint venture walk-a-way transaction FRAUD STOPPERS PMA can help you. We have access to nationwide real estate investors who are trained in all manners of create real estate solutions, honest and ethical, and have the means to make almost any real estate transaction work for a win/win solution. Join FRAUD STOPPERS PMA now and get the facts & evidence you need to get the legal remedy you deserve. Click here
CREDIT CARD AUDIT & LITIGATION PACKAGE
Credit Card Securitization Audit and Credit Card Litigation Package for Declaratory Judgment includes the Bloomberg Credit Card Audit and Notarized Affidavit from Senior Auditor, State Specific Petition, and Temporary Restraining Order (TRO) where required to support the facts resulting from the Credit Card Securitization Audit. Click here
STUDENT LOAN AUDIT & LITIGATION PACKAGE
Student Loan Securitization Audit and Student Loan Litigation Package for Declaratory Judgment includes the Bloomberg Student Loan Audit and Notarized Affidavit from Senior Auditor, State Specific Petition, and Temporary Restraining Order (TRO) where required to support the facts resulting from the Student Loan Securitization Audit. Click here
AUTO LOAN AUDIT & LITIGATION PACKAGE
Auto Loan Securitization Audit and Auto Loan Litigation Package for Declaratory Judgment includes the Bloomberg Auto Loan Audit and Notarized Affidavit from Senior Auditor, State Specific Petition, and Temporary Restraining Order (TRO) where required to support the facts resulting from the Auto Loan Securitization Audit. Click here
Wrongful Foreclosure Appeals Brief & Quiet Title Appeals Brief includes complete pleadings for appellate, court of appeals. Upon availability, average turnaround time 3 weeks, notice of appeal and briefing schedule is required prior to purchase or processing. Click here
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
I want to thank you for your help, i won my case and the bank want to settle out of court.
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.
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.
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.
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.
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.
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.
Yea thank you Mr. Frank.. you are gods mercy for us.. smile
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.
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,
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.
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.
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.
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!
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
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.
You guys are doing a great job!
Beautiful product launch!!!! Looking forward to working with ya’ll again, soon!
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
Thanks for the effort…hope I can put it to good use.
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.
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
Thank you very much, Damion and Frank! Your work is much appreciated! Thank you, also, for a speedy response!
Thanks for all your help. I appreciate it.
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.
Thank you so very much for your concern and the information you are willing to share. I will follow-up as discussed.
I certainly appreciate you and the work being done to help others.Thanks again.
I forgot to mention that I’m still in my home! AND I’m having fun!
I think Fraud Stoppers is awesome. What you guys do is to help others save their homes from foreclosure.
FRAUD STOPPERS helped me stop my foreclosure and get a huge principal reduction on my mortgage.
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.
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!
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.
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!
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!
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.
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.
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.
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.
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.
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.
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.
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!
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.
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
I am very grateful for FRAUD STOPPERS.
“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.”.
Martin Act Threatens Banks Securitization Scheme Originally reported by Neil Garfield While most people didn’t notice, all of Wall Street took notice when the New York Governor signed into law a bill that extends the right of the state...
Consent Order Contains Admission of False Affidavits and False Chains of Title Posted on August 26, 2019 by Neil Garfield A lot of student loan debt ends up being claimed by “Trusts” that are exactly like REMIC trusts except they are not about...
FEDERAL JUDGE RULES BORROWERS HAS STANDING TO CHALLENGE ASSIGNMENT AND ALSO AS TO BANK’S FAILURE OF PROOF The entire Opinion, which we have already discussed, is set forth below. Mr. Barnes represents the Gerbers and prepared all of the...
Breaking News for Homeowners Who Want to Stop a Foreclosure Sale or Eviction and Sue for Quiet Title or Wrongful Foreclosure: According to a government audit nearly 83% of mortgages survey contained legal errors and violations that could be problematic for lenders!
Do You Have One of Them?
CHANCES MAY BE VERY GOOD THAT YOUR MORTGAGE LOAN CONTRACT CONTAINS LEGAL ERRORS AND VIOLATIONS. According to a government audit 83% of the mortgages surveyed contain legal violations and errors. Legal violations, errors, breaches of contract, appraisal fraud, mortgage fraud, clouds on title, and other issues may have caused many mortgage transactions to be legally problematic for lenders attempting to foreclose. Furthermore these legal issues could result in Borrowers having legal grounds to file suit as a countermeasure to foreclosure.
If you are currently facing foreclosure, or you have recently lost your home to foreclosure, we recommend that you take immediate action and join FRAUD STOPPERS Private Members Association today so we can help you get the facts and evidence you need to get the legal remedy the law entitles you too, and that you deserve.
Learn How to Stop Foreclosure & Mortgage Fraud and Cancel Secured and Unsecured Debt Obligations through Strategic Litigation.
Some have said that upwards of 95% of all home loan borrowers have suffered injuries in the form of appraisal fraud, mortgage fraud, legal errors, contract breaches, and/or regulatory law breaches. To discover these, the borrower must hire a competent professional to conduct a comprehensive examination of all documents related to the loan transaction. With an examination report in hand to prove the injuries, the borrower may negotiate a favorable settlement or sue for damages. Only such an examination, and artfully presenting the causes of action revealed in the exam report, can provide a reliable way for the borrower to end up with cash in hand or other financial compensation for the injuries.
What is MERS?
MERS functions as a centralized electronic registry of mortgages, and it was supposed to track the ownership of these mortgages, which are typically sold multiple times during the loan’s life. MERS potentially affects millions of residential mortgage loans nationwide, and almost completely crashed the U.S. housing market by itself because of so many problems with the packages.
MERS was created by lenders and title insurance companies, so it would be easier to transfer the beneficial interests to other secondary market lenders. Yet, some mortgages ended up significantly discounted due to packaging problems, which made them inactive.
The MERS Scandal
Missing documents, notary fraud, and “robo-signing” led the way. There was a lot of chaos involved with MERS mortgage packets, which contained no original promissory notes (the “IOU” for the mortgage debt) in these same MERS files.
Knowledgeable homeowners were able to completely stop their home foreclosures by pointing out that the foreclosing entity, such as the mortgage servicing company, didn’t have a legal right to foreclose on their homes, since they didn’t have all of their valid mortgage paperwork in their files. These questionable ownership interests in the mortgages led to foreclosure moratoriums, court settlements, and inactive statuses.
There were a large number of allegations of notary fraud in which real or fake notaries such as “Linda Green” were allegedly part of the massive “Robo-Signing Scandal” nationwide.
It has been suggested that promissory notes, deeds of trust or mortgages, and other loan or title documents were forged, left blank, or illegally assigned to numerous mortgage investors. Since MERS was set up to become as paperless, speedy, and efficient as possible, there was not enough third party oversight to check whether these documents were valid.
Questionable Beneficial Interests
“No Note = No Debt” became the mantra for homeowners who were in the midst of their own foreclosures due to the weaker U.S. economy. Some savvy property owners were able to legally void their existing mortgage debt altogether by proving that the foreclosing mortgage company had no valid beneficial interests in the existing mortgage, and thus had to legal right to collect any payments.
Other homeowners were able to show that their MERS files had fraudulent notary signatures signed on behalf of both owners and lenders, which moved their file designations over to “inactive” as well.
Mortgage lenders that have collapsed or imploded since the official start of the Credit Crisis back in 2007, such as Countrywide, Indy Mac, Lehman Brothers, World Savings, Downey Savings, and Washington Mutual still figuratively exist by way of their asset or beneficial interest transfers to the “strawman” named MERS. MERS may pay no taxes or employ anyone. Without the proper assignment of these MERS mortgages, these same imploded mortgage companies’ loans could have ceased to exist.
If Mortgage Electronic Registration Systems (MERS) is involved, MERS is named as beneficiary or nominee agent to the Mortgage Loan Originator. Registration on the MERS system is required and when registered, an 18-digit Mortgage Identification Number “MIN” is created. The first seven digits identify the registering lender and the last digit is a checksum number. If the Electronic Mortgage Loan Package is registered in the MERS registry, there is no physical transfer of the Electronic Mortgage Loan Package.
The perfection of lien rights (Perfected Chain of Title) does not match the Chain of Negotiation of the Tangible Note shown by endorsements or lack thereof and shows the Tangible Note is no longer secured by the Security Instrument as the Security Instrument becomes a nullity as an operation of law. The Trust is conveyed a transferrable record, leaving the Tangible Note, less the rights securing it which include the power of sale as would exist if the Security Instrument securing the UCC Article 3 Tangible Note was assigned in accordance to State statute. The ESIGN Act – 15 USC §7003 excludes instruments governed by the UCC Article 3, 8 and 9 or the State equivalent. Therefore, the intangible claim cannot be negotiated electronically. The Tangible Note and the continuous perfection of the Security Interest can only be pledged as an intangible interest in the payment stream of the UCC 8 instrument. The Intangible Payment Obligation can only be negotiated in paper form.
The fact is the requirements set forth in the pooling and servicing agreements were not followed, and they were not followed in the following way. The pooling and servicing agreements says that when the notes are transferred to the trust there needs to be an endorsement in blank to the trust, as well as a complete chain of endorsements for all proceeding transfers.
That means that the originator of the loan must have a specific endorsement transferring it from the securitization sponsor, the sponsor to the depositor, and then the depositor in blank to the trust.
What I am told is that in most of the cases that chain of endorsements is not there. There is simply a single endorsement in blank. That creates a problem because it does not comply with the trust documents.
That is a severe problem because most pooling and servicing agreements are trust that are governed by New York law, and 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 that transfer would have otherwise complied with law. And if the transfer is void that would mean that the trust does not own the mortgages, and therefore lacks standing to foreclose. It’s axiomatic that in order to bring a foreclose 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 relate to the evidentiary need to prove standing. Because without standing you have no authority to bring a foreclosure action in the first place!
However the banks and their attorneys are going to succeed by not having a properly perfected lien or 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 can 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. 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 must do is be in possession of the note and they can claim rights to enforce it. That’s how the banks and their attorneys can beat you.
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 must show that they don’t have an equitable claim to. Learn more by getting your free copy of our eBook Foreclosure Traps Pitfalls & Swindles: How to Set Them and How to Avoid Them.
In THE PAPER CHASE: SECURITIZATION, FORECLOSURE, AND THE UNCERTAINTY OF MORTGAGE TITLE ADAM J. LEVITIN writes “the mortgage foreclosure crisis raises legal questions as important as its economic impact. Questions that were straightforward and uncontroversial a generation ago today threaten the stability of a $13 trillion mortgage market: Who has standing to foreclose? If a foreclosure was done improperly, what is the effect? And what is the proper legal method for transferring mortgages? These questions implicate the clarity of title for property nationwide and pose a too- big-to-fail problem for the courts.
The legal confusion stems from the existence of competing systems for establishing title to mortgages and transferring those rights. Historically, mortgage title was established and transferred through the “public demonstration” regimes of UCC Article 3 and land recordation systems. This arrangement worked satisfactorily when mortgages were rarely transferred. Mortgage finance, however, shifted to securitization, which involves repeated bulk transfers of mortgages.
Like many other cases, current trial court decisions are getting reversed because the courts are waking up to the reality of the rule of law. What they have been following is an off the books rule of “anything but a free house.” However a recent Yale Law Review Article eviscerates the assumptions of a free house for the homeowners and destroys the myth that somehow that policy has saved the nation. You can read the Yale Law Review article “In Defense of “Free Houses” for more information on this tide change.
To facilitate securitization, deal architects developed alternative “contracting” regimes for mortgage title: UCC Article 9 and MERS, a private mortgage registry. These new regimes reduced the cost of securitization by dispensing with demonstrative formalities, but at the expense of reduced clarity of title, which raised the costs of mortgage enforcement. This trade-off benefited the securitization industry at the expense of securitization investors because it became apparent only subsequently with the rise in mortgage foreclosures. The harm, however, has not been limited to securitization investors. Clouded mortgage title has significant negative externalities on the economy as a whole.
Many of the programs that had modest success in the early days have fallen into disfavor as banks have enacted strategies to counter their progress. The banks are not going to go down without a serious fight. They have a large arsenal of tools to use, and the legal muscle to keep the industry off balance. This is not a static game. The reason that banks have been successful, for the most part, in protecting the large number of mortgages that were securitized is that there is an intricate web of legal theories that they hide behind to justify what they have done. In effect, they have created a shell game where the ball seems to move around in defiance of the laws of physics.
The banks are relying on a complex interaction between UCC 3 commercial paper law, UCC 9 securitization law, bailment law, agency law and local laws of the jurisdiction where the property is located. They would have us believe that what they have been doing since the 1970’s is perfectly legitimate. Many lawyers who have challenged the banks have gotten close to exposing the scheme only to find that judges retreat away from the complexity of the legal theories involved and fall back on procedural barriers under the auspices of protecting the equitable interests of the banks and their agents.
FRAUD STOPPERS Foreclosure Defense Program has moved the bar forward in many substantial ways:
- Our Private Administrative process is a targeted approach to Informal Discovery:
- 3-501. PRESENTMENT or States equivalent
- Mortgage Error Resolution/Request for Information: If you believe there is an error on your mortgage loan statement or you’d like to request information related to your mortgage loan servicing, you must exercise certain rights under Federal law related to resolving errors and requesting information about your mortgage loan. If you think your credit report, bill or your mortgage loan account contains an error, or if you need more information about your mortgage loan, you send a written letter concerning your error and/or request.
- Cutting edge mortgage fraud examination and court ready lawsuits and trial ready evidence to win your case
- Nationwide foreclosure defense attorneys and Pro Se litigation education and support products and services
Subsection of Presentment (example Covenant 8 of UCC3 Note) shows NOTE and under paragraph 1 states: “BORROWER’S PROMISE TO PAY: In return for a loan that I have received, I promise to pay….
MULTI STATE FIXED RATE NOTE–Single Family–Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 1/01 (page 1 of 3 pages) Covenant:
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. “Presentment” means the right to require the Note Holder to demand payment of amounts due. “Notice of Dishonor” means the right to require the Note Holder to give notice to other persons that amounts due have not been paid.
- 15 U.S. Code § 1692g – Validation of debts
Often a debt collector cannot validate a debt and therefore cannot legally enforce collections.
- Truth In Lending Act (TILA RESCISSION) codified in 12 CFR Part 226 (Regulation Z); particularly§ 226.34 Prohibited acts and §226.32 sub-paragraph (ii) et seq. predatory lending practices
A mortgage loan covered by the Truth in Lending Act may be rescinded by mailing a Rescission Letter to the purported lender, forcing the purported lender/creditor to oppose that rescission with a lawsuit within 20 days or lose all opposition rights.
- The primary focus of the legal aspect of our program revolves around taking the theories and best practices that have been most successful around the country and make refinements.
“Here, the specific defect alleged is that the attempted transfers were made after the closing date of the securitized trust holding the pooled mortgages and therefore the transfers were ineffective.
- Our program seeks to avoid getting mired in the complexity of the various areas of law involved, instead focusing on a simple, focused approach that makes it harder for judges to avoid the strength of our core arguments.
- The PMA trustees and executive team have a diverse set of skills and significant experience in the core areas that will improve the success factors for our operations.
We have spent an exhaustive amount of time analyzing all of the cases that have been successful in resolving mortgage securitization problems. We have designed our legal information litigation strategy to hit the banks hard and fast where they are most vulnerable.
Our primary focus is on helping you try to get clear and marketable title to the property by arguing that the actions of the banks have made the security provisions of the mortgage/deed of trust unenforceable.
Stop Foreclosure & Mortgage Fraud Sue for Breach of Contract. If you are currently facing foreclosure, or you have recently lost your home to foreclosure, we recommend that you take immediate action and JOIN FRAUD STOPPERS PMA today. We will analysis your mortgage loan documents for signs of fraud, and show you a proven way to save time and money and increase your odds of success suing for financial compensation for mortgage fraud, clear and free title to your home, or both!
If you would like learn How to Cancel Secured and Unsecured Debt Obligations through Strategic Litigation join FRAUD STOPPERS right now and we will show you how. We will also conduct a Bloomberg securitization search and Mortgage Fraud Analysis of your mortgage loan documents to uncover violations of the Uniform Commercial Code (UCC) and local laws of jurisdiction regarding the possible improper Negotiation, Transfer, and Delivery of the mortgage loan contract throughout the securitization process to determine what legal options your current mortgage loan situation qualifies for. Then we will help you formulate an effective and affordable strategy to get the legal remedy that the law entitles you to, and that you deserve.
Yes. Upwards of 95% of all home loan borrowers have suffered injuries in the form of appraisal fraud, mortgage fraud, legal errors, contract breaches, and/or regulatory law breaches. To discover these, the borrower must hire a competent professional to conduct a comprehensive examination of all documents related to the loan transaction. With an examination report in hand to prove the injuries, the borrower may negotiate a favorable settlement or sue for damages. Only such an examination, and artfully presenting the causes of action revealed in the exam report, can provide a reliable way for the borrower to end up with cash in hand or other financial compensation for the injuries. Now is the perfect time to stand up for your legal rights and sue for beach of contract, mortgage fraud, and foreclosure fraud because the legal tide is beginning to turn, and homeowners are starting to win!
Get the FACTS and EVIDENCE that you need to fight mortgage and foreclosure fraud, and save your house from foreclosure right now.
Join FRAUD STOPPERS Private Members Association (PMA) today and get instant access to cutting edge mortgage and foreclosure defense products and services that can help you save time and money and increase your odds of success suing for mortgage and foreclosure fraud. FRAUD STOPPERS Private Members Association (PMA) can help you with these products and services:
- Stop Foreclosure Sale Methods
- Stop Eviction Methods
- Reverse Foreclosure Sale
- Breach of Contract Lawsuits
- Quiet Title / Slander of Title Lawsuits
- Wrongful Foreclosure Lawsuits
- Federal Fair Debt Collections Practices Act (FDCPA) Lawsuits
- Mass Joinder Lawsuits
- Federal Truth in Lending Act (TILA) Rescission Lawsuits
- Bloomberg Securitization Audits
- Mortgage Fraud Audits
- Robo Signing Audits
- Handwriting Expert Analysis & Affidavits
- Chain of Title Investigations
- Trial Ready Evidence Packages
- Expert Witness Affidavits & Testimony
- Pro Se Products & Services
- Pro Se Education & Training Material
- Administrative Remedy Documents
- Nationwide Foreclosure Defense Attorney Network
- Attorney Education Curriculum
- Attorney Loan Modifications
- Pro Se Loan Modifications
- Attorney Bankruptcy Services
- Pro Se Bankruptcy Services & Support
- Investor Short Sale / Buyback Transactions
- Investor Joint Venture Transactions
- Private Equity Refinance Transactions
- Creative Real Estate Solutions
- Deed in Lieu Transactions
- Credit Repair Programs
- Easy, Non-Credit Based, Financing Options Available
Why You Should Always Challenge Loan Servicer's Standing to Foreclose Don’t Admit Anything About the Servicers Either — It’s All a Lie Another Great Post by the King of Foreclosure Defense Neil Garfield Homeowners often challenged...
Improperly Named Trustee on Deed of Trust Can be Liable for Actions on Behalf of Non-BeneficaryOriginally posted by Neil Garfield I have long expressed the belief that the courts had it all wrong when they, along with legislative attempts, decided that...
HOW TO WIN YOUR FORECLOSURE LAWSUIT IF THE BANK STONEWALLS YOU DURING DISCOVERYOriginally posted by Neil GarfieldSo a recent question from an old client mirrored the requests from many lawyers and pro se litiangats about the discovery process. My answer is...
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.
If you or anyone you know is facing foreclosure, or has already lost a property to foreclosure, and want to sue for mortgage fraud, foreclosure fraud, wrongful foreclosure, or quiet title to your home FRAUD STOPPERS PMA can help you save time and money and increase your odds of success getting the legal remedy that you deserve. If you have received a Notice of Default (NOD) or a Foreclosure Notice (Foreclosure Complaint) and you want to know how to respond to the Notice of Default (NOD) or a Foreclosure Notice (Foreclosure Complaint) join FRAUD STOPPERS PMA today because FRAUD STOPPERS has a proven system to help you fight to save your home from foreclosure and sue for mortgage fraud. FRAUD STOPPERS turnkey Quiet Title Lawsuit package or Wrongful Foreclosure Lawsuit package includes a court ready complaint (petition for damages), Bloomberg Securitization Audit, Expert Witness Affidavit, Application for Temporary Restraining Order (to stop a foreclosure sale or stop an eviction), Lis Pendens (to cloud the marketability of the title to the real property), and Pro Se legal education material that can show you how to win a Quiet Title Lawsuit or win a Wrongful Foreclosure Lawsuit. This entire court ready Quiet Title Lawsuit Package or Wrongful Foreclosure Lawsuit Package can help you save money in legal fees and help you increase your odds of success. Join FRAUD STOPPERS PMA today and get mortgage fraud analysis and the facts and evidence you need to get the legal remedy you deserve at www.fraudstopper.org/pma
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