Foreclosure Daily News Update ⋅ May 30, 2022

FRAUD STOPPERS NEWS

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Builder confidence, new home sales plummet | firsttuesday Journal First Tuesday Journal California builders are acting with more caution following 2021’s expiration of the foreclosure and eviction moratoriums, which have begun to …

Mike Tyson Once Tried to Stop 50 Cent From Buying His Connecticut Mansion Showbiz Cheat Sheet Circumstances would force Sisti into bankruptcy, and the mansion went into foreclosure before being bought by People’s Bank.

Steuben County sets dates for property tax auction - WETM WETM The County has long provided ways for delinquent property owners to recover their property prior to the point of foreclosure sale.”. Public Auction Sale: Orange County Online Tax Foreclosure Real Estate - AuctionZip - AuctionZip Full Coverage

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Mortgage Fraud Daily News Update ⋅ May 30, 2022

FRAUD STOPPERS NEWS

Santander dragging its heels over fraud stopped me getting a mortgage | Scams | The Guardian The Guardian Reader warned bank of fraudulent account and subsequent loan but it took no action. Santander dragging its heels over fraud stopped me getting a mortgage | Scams & More … - World Latest News, Videos, Photos, Breaking News, & World News Headlines Santander, who was reaching for fraud, stopped me from getting a mortgage Scam - Europenewsok.com Santander dragging its heels over fraud stopped me getting a mortgage - Pehal News - Pehal News Full Coverage

California Couple Indicted For PPP Loan Fraud In Hawaii | Honolulu, HI Patch Patch California Couple Indicted For PPP Loan Fraud In Hawaii - Honolulu, HI - Christopher and Erin Mazzei defrauded the government of more than $1.3 …

Here’s What You Need to Know About Reverse Mortgages - NBC New York NBC New York Reverse mortgages have developed a strong following in the financial planning profession. Certified financial planner Howard Hook, a senior wealth …

Lloyds Bank issues scam warning as reports of advance fee loan fraud increase more than … - iNews iNews How advance fee loan fraud works and how to avoid it, as victims lose an average £231. Bank and Mortgage Fraud Defense Lawyer | California & Federal - Delahunty and Edelman LLP - Delahunty and Edelman LLP Lloyds Bank issues scam warning as reports of advance fee loan fraud increase more than … - Daily News Full Coverage

Convicted scammer sentenced after duping dad with mortgage fraud | St Helens Star St Helens Star Clare Roughley, of Newfields, Eccleston, was visibly emotional as she appeared at Liverpool Crown Court for a charge of mortgage fraud today …

EFCC arraigns Rochas Okorocha in court over alleged N2.9 billion fraud - Nairametrics Nairametrics EFCC arraigns Rochas Okorocha in court over alleged N2.9 billion fraud … Abbey Mortgage Bank rebounds, reports N622 million profit in 2021 …

Documents show how Mann tried to cover up his $100M fraud - Times Union Times Union Former MyPayrollHR CEO Michael Mann, center, arrives at U.S. District Court in Albany in August 2021 with his attorneys to be sentenced in the $100 …

Fast loan scam: Here’s how it works and why Lloyds Bank has put out an urgent warning This is Money (UK) Desperate Britons are being tricked into losing money in a fast loan scam which has ballooned thanks to the cost of living crisis.

Santander dragging its heels over fraud stopped me getting a mortgage | Scams - My Droll My Droll When I went to get an offer in principle for a mortgage in March of this year I was told the loan was in arrears so I would not be able to get one. I …

Sandra Petgrave Bounces Back - THEWILL NEWS MEDIA THEWILL NEWS MEDIA … her husband, George Chukwuka was handed nine years for their roles in a $5.8 million mortgage fraud that spanned five years.

Okorocha pleads not guilty to allegations of fraud | The Guardian Nigeria News The Guardian Nigeria News The former governor of Imo state, Rochas Okorocha, on Monday pleaded not guilty to the 17-count of money laundering charge the Economic and …

EFCC arraigns Okorocha over alleged N2.9b fraud | The Guardian Nigeria News The Guardian Nigeria News The Economic and Financial Crimes Commission (EFCC) has arraigned a former governor of Imo State, Rochas Okorocha, before a Federal High Court in …

Investment scammer jailed after failing to return proceeds - FTAdviser.com FTAdviser The Serious Fraud Office revealed back in 2015 that Strubel, alongside Jolan Saunders and Spencer Steinberg, sought investment in a company by …

Thief bought house in retired dad’s name and left him with all the debt - Liverpool Echo Liverpool Echo Today, the 40 year old was back before a judge at Liverpool Crown Court to be sentenced for mortgage fraud carried out during the same period.

Alleged N400m fraud: Court to hear EFCC suit against Metuh June 22 | The Guardian Nigeria News The Guardian Nigeria News A Federal High Court in Abuja on Monday fixed June 22 to hear a suit filed by the Economic and Financial Crimes Commission (EFCC) for the retrial …

Don’t Let Bad Credit Stop You From Buying A Home - Finance Monthly Finance Monthly Last, but definitely not least, take this chance to ensure that no fraud has occurred. Is there a loan or a credit card application that you don’t …

The Toronto Police fraud squad is on the case of a 75 year old retired nurse left in “financial … iHeartRadio … the case of a 75 year old retired nurse left in “financial ruin” from a renovation and mortgage scheme involving Harold the Jewellery Buyer.

FCA should be able to direct Ofcom on scam ads, says Pimfa - FTAdviser.com FTAdviser Pimfa has called for the Financial Conduct Authority to be given the power to direct Ofcom to act over potentially fraudulent online adverts.

Lloyds Bank issues urgent warning to people applying for online loans to tackle cost of living crisis Daily Record Commenting on the increase in loan scams, Liz Ziegler, Retail Fraud & Financial Crime Director, Lloyds Bank, said: “Organised crime gangs will …

Ex-governor Yari in EFCC custody over alleged role in AGF’s N80 billion fraud The Guardian Nigeria News The Economic and Financial Crimes Commission has arrested the former governor of Zamfara State, Abdulaziz Yari, in connection with the …

Property Litigation Column: When Is A Sham Not A Sham? - Real Estate - UK - Mondaq Mondaq The arrangement between Mr Charles and Mr Agrawal was a mortgage fraud. … Although a fraudulent transfer, the TR1s were in a form which …

With key Anaheim figures ousted, is political change on the way? - Orange County Register Orange County Register Also fresh is the arrest of former Anaheim Chamber of Commerce CEO Todd Ament, charged with mortgage fraud. Allegations made in documents from the …

France blames ticket fraud for Champions League final chaos - Times Union Times Union PARIS (AP) — French authorities defended police on Monday for indiscriminately firing tear gas and pepper spray at Liverpool supporters at the …

France Blames Extensive Ticket Fraud for Champions League Fiasco - BNN Bloomberg BNN “There was a massive, industrial and organized fraud,” Darmanin said at a press briefing in Paris. “The massive presence of fake tickets is the root …

Upstart Securities Fraud Class Action Lawsuit Pending: Contact Levi & Korsinsky Before … Benzinga New York, New York-(Newsfile Corp. - May 30, 2022) - Levi & Korsinsky, LLP notifies investors in Upstart, Inc. (“Upstart” or the “Company”) …

IronNet Securities Fraud Class Action Lawsuit Pending: Contact Levi & Korsinsky Before … Benzinga New York, New York-(Newsfile Corp. - May 30, 2022) - Levi & Korsinsky, LLP notifies investors in IronNet, Inc. (“Ironnet” or the “Company”) …

Everton’s Bramley-Moore Dock: Loan plan to cost council £300k - BBC News BBC Everton’s Bramley-Moore Dock: Loan plan to cost council £300k … Convicted scammer dupes dad with ‘nightmare’ mortgage fraud.

Borrowers rush to fix ten-year loans in Ireland - The Times The Times Mortgages with rates fixed for ten years or longer accounted for as much as 40 per cent of lending by Finance Ireland in April.

France blames ticket fraud for Champions League final chaos - MarketWatch MarketWatch French sport and interior ministries shifted responsibility onto Liverpool fans while not providing details on how they estimated fake tickets in …

Kessler Topaz Meltzer & Check, LLP: Announces Securities Fraud Class Action Lawsuit … - Benzinga Benzinga Compare Online Brokers. Stock Brokers ; Insurance. Auto ; Top Stocks. Penny Stocks ; Alternative Investing. Invest in Art ; Mortgages. Refinance.

DISCIPLINARY: Wigan’s Morgan Smithies banned for two Challenge Cup final high shots St Helens Star Convicted scammer dupes dad with ‘nightmare’ mortgage fraud … Convicted scammer dupes dad with ‘nightmare’ mortgage fraud …

The Newbury hires Nationwide’s Scott - Mortgage Finance Gazette Mortgage Finance Gazette Newbury Building Society has hired Dean Scott as head of sales and marketing. Scott joins from Nationwide where he held senior marketing roles for …

Rollover credit keeps couple’s cruise dream alive after visa delay wrecker – The Crusader | Finance Daily Express Beware new style “friendly” loan sharks exploiting the cost of living crisis – The Crusade · HOROSCOPES APPS WEATHER PAPER.

Average house price races past £250,000, Zoopla data shows - Mortgage Finance Gazette Mortgage Finance Gazette Rising prices and increasing mortgage rates have pushed mortgage payments up significantly.” “At a time when the cost of everything is rising through …

Belmont Green reports £463m in new lending for 2021 - Mortgage Finance Gazette Mortgage Finance Gazette For the year, net loans to customers grew by 10.8% in 2021 to £1.81bn, while buy-to-let (BTL) loans made up 74% of the loan book. Meanwhile, it …

Food Stamps: Fraud with food stamp benefits - FingerLakes1.com FingerLakes1.com People are often charged with fraud for collecting benefits they are not … Many people save up for retirement thinking of mortgage payments, …

Cookies and Cakes Market Comprehensive Research Study, Regional Growth, Business … - Xaralite Xaralite Mortgage Application Fraud Market Size 2022 Industry Share, Strategies, Growth Analysis, Regional Demand, Revenue, Key Players and 2030 Forecast …

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What’s in a Qualified Written Request (QWR) Letter

• “Qualified Written Requests” under RESPA put mortgage servicers in a troublesome place. But there’s law on their side to help distinguish legitimate issues from abuse and harassment

• A bank will receive a letter from a mortgage borrower, or from an attorney or other agent purporting to act on behalf of that borrower. The letter will generally demand that the lender provide the inquirer with a wide-ranging amount of information concerning the borrower’s loan and the transaction in general.

• The communication may assert that there is a defect or mistake in the borrower’s account, and then demand that immediate action be taken to correct that mistake.

• Asserting only slight oversights in the borrower’s escrow account calculation.

• The letters are marked as “Qualified Written Request” under Section 6 of RESPA.

• The “QWR” label stirs legal consequences that servicers and lenders cannot ignore.

What the law says:

• QWRs are special and important because they arise under specific consumer protection law contained in Section 6 of the Real Estate Settlement Procedures Act (RESPA). Section 6 was added to RESPA in 1990, and generally imposes standards and requirements regarding the assignment sale or transfer of mortgage loan servicing. (12 U.S.C. Section 2605.) Under Section 6 of RESPA, borrowers are afforded a dispute resolution mechanism that gives rise to specific duties on the part of servicers where certain conditions are met.

• RESPA’s Section 6 and Section 3500.21(e) of RESPA’s implementing regulations (Regulation X), provide that consumer inquiries would constitute QWRs where:

1. They are submitted in writing.
2. They include, or allow the servicer to identify, the name and account of the borrower.
3. They include a statement of the reasons for the borrower’s belief that the account is in error or must provide sufficient detail to the servicer about other information the borrower is seeking. (12 U.S.C. Section 2605(e)(1)(B)(ii))

• Where all such items are included in correspondence to a mortgage loan servicer, the servicer must then provide written acknowledgment to the consumer within 20 business days of receipt of the request. The receipt of a QWR triggers an affirmative duty to investigate the problem identified by the consumer, which must be rectified or explained not later than 60 business days after the receipt of the request.

Unlike other inquiries from consumers, the duties that arise from inquiries that qualify as a QWR have potent legal consequences.

• Under RESPA, borrowers can institute a private lawsuit for a Section 6 violation. They can potentially then recover actual and statutory damages (up to $1,000 per violation), plus attorney’s fees.

• Furthermore, class-action lawsuits are available in instances of pattern and practices of non-compliance, within three years, of the violation against a loan servicing company who refuses to comply with Section 6.

• Lawsuits for violations of Section 6 may be brought in any federal district court in the district in which the property is located or where the violation is alleged to have occurred.

• Finally, either HUD, a state attorney general, or state insurance commissioner may bring an injunctive action to enforce violations of Section 6 within three years.

• Clearly then, any correspondence received by a bank that is marked as “QWR” should not be ignored.

• The important question for compliance professionals is, therefore, how should an institution respond to the QWR, and equally important, how should the institution handle requests that are plainly abusive or harassing?

How do you spot a true QWR?

• As a preliminary matter, a request must specify the particular errors or omissions in the account, along with an explanation from the borrower of why he believes an error exists, in order to qualify as a QWR. A list of unsupported demands for information is not sufficient.

• “A qualified written request must … include a statement of the reasons for the belief of the borrower that the account is in error.” Walker v. Equity 1 Lenders Group, 2009 WL 1364430 *4-5 (S.D.Cal. 2009).

• Please note that if your institution is not a mortgage loan servicer, these provisions do not apply to you.

• By coverage and definition, the RESPA provisions under Section 6 apply to only “servicers” as defined by the statute. If you do not service mortgage loans, the requirements described herein are inapplicable to your institution.

• The QWR provision applies only to mortgages secured by a first lien, thereby excluding subordinate-lien loans and open-end lines of credit.

• RESPA requires a QWR to request information “relating to the servicing of the loan.” (See 12 U.S.C. Section 2605(e)(1)(A)).

• “Servicing” is defined as “receiving any scheduled periodic payments from a borrower pursuant to the terms of any loan, including amounts for escrow accounts described in Section10 [of RESPA], and making the payments of principle and interest and such other payments with respect to the amounts received from the borrower as may be required pursuant to the loan.”

• A QWR which requests no information related to servicing is not a valid QWR. In particular, requests related to origination do not qualify as QWRs.

• A leading case discussing this issue, MorEquity v. Nameem (118 F. Supp. 2d 885 (N.D. Ill. 2000), reached the important conclusion that borrowers fail to state a claim where the borrower’s request merely seeks information concerning the validity of the underlying loan and mortgage documents, but does not seek any information as to the status of the account balance.

Requests made in a QWR must relate to servicing and escrow matters; those requests that relate to extraneous issues dealing with the items relating to the loan’s settlement or secondary market information, for instance, are simply outside the proper scope of the QWR process.

• As a final, critical, note, if after considering all the elements listed above, a bank discards a request as not qualifying under RESPA’s QWR provisions, most legal experts recommend that the bank’s rationale should be well explained, and that the bank should document the reasons for rejecting the supposed QWR. Such rejections should, where possible, be sent back in writing. Legal counsel should be involved in ensuring that this procedure meets legal standards.

Dealing with the legitimate QWR

• When a servicer receives and properly identifies a valid QWR, the servicer must, by law, both acknowledge receipt of a QWR and respond to the substance of any claims or requests included in the QWR.

• In addition, the law directs servicers not to provide information to a consumer reporting agency during the 60 days following receipt of the QWR concerning overdue payments related to that period or to the QWR. (See RESPA Section 2605(e)(3) )

• In establishing procedures to comply with RESPA’s QWR provisions, banks should keep in mind that, contrary to some claims, the QWR process does not require a lender or servicer to stop foreclosure proceedings or other legal action on the loan.

• To properly respond to the QWR:

1. A servicer must, within 20 business days, provide a written response acknowledging receipt of the QWR. (12 U.S.C. Section 2605(e)(1)(A))
2. Within 60 business days the servicer must investigate the account, make any appropriate corrections, and provide the consumer with a report of their action. (Id. at Section 2605(e)(2)(A))
3. If the servicer corrects the account, the servicer must provide a written explanation of the corrections. (Id.)
4. If the servicer does not correct the account, it must provide an explanation or clarification that includes a statement of reasons why the account is correct and the name and telephone number of an employee of the servicer who can be contacted to further assist the borrower.

 

You can get a FREE Qualified Written Request (QWR) Letter at https://fraudstoppers.org/free

Who Has The Burden of Proof in a Foreclosure Case?

Who Has Legal Standing to Foreclose?

Who has legal standing to foreclose? Only the mortgagee has standing to foreclose. Look, if you are planning to sue someone and you accuse them of some wrong doing, you better have proof. The person doing the accusing (the Plaintiff) has the burden of proof. Before you can go to court, you must have some sort of grievance that you are seeking relief on; in other words you must have legal standing. For example, if you had a contract and the other person broke that contract causing you to suffer as a result of that breach. This is called a Cause of Action. In other words, “why are you suing this guy? What wrong did he do to you?” You must have a valid reason to bring your suit.

There are a number of different causes of action you can accuse the other party of. For example, breach of contract, fraud, tortious interference, etc. Another very special type of cause of action is called a Quiet Title Action. These types of “Actions” (an “Action” is just legal jargon for a civil action…or a civil suit) are done when there is a cloud of title issue that needs to be resolved. As a title owner, you have an obligation to defend your title against encroachments. For example, if I started to build a fence three feet into your land and you say nothing… then five years later, I sell my land, and change the legal description to include that extra three feet…and you say nothing, then that extra three feet is mine.

Let’s discuss the Deed of Trust and Mortgage to see how this all fits in.

The Deed of Trust or Mortgage:

The Deed of Trust is a special Trust that is created specifically so that you (the landlord) temporarily grant your title in trust to the new Trust to secure against the promissory note. When you create a Trust, you appoint a Trustee. You also give that Trustee the power to sell your property in the event of a default of the promissory note. This is the vehicle and mechanism your “lender” uses to foreclose and sell your house. The same goes with a Mortgage in a Judicial State, except there is no need for a Trustee.

In the event that there is a problem with the promissory note or deed of trust, then there is an issue called “cloud of title”. When a title is clouded, you will have a problem selling your house. Let me give you an example.

Let’s say the County places an imminent domain claim on a strip of land on your property to lay down some pipes. They then record this on your county records. But because of budget cuts, they decided not to lay the pipes, but forgot to give you your land back. 2 years later, you are trying to sell your house. It will be stopped because you are selling part of a land you don’t own (i.e. the strip for the un-laid pipes). In order to un-cloud the title, you will need to seek a Quiet Title Action.

As we discussed, your promissory note has been permanently converted into a stock. It has also been fully discharged. The language on your Deed of Trust says “This Deed of Trust secures a promissory note”, and if the promissory note is destroyed through permanent conversion, then the Deed of Trust secures nothing. This is just like the situation with the strip of land with the un-laid pipes. It’s lost property. It’s unclaimed land. As the Title owner, you have an obligation to defend your land and title.

This is why we need to do a Quiet Title Action to reclaim our land to resolve the controversy. In a Quiet Title Action, you basically issue a challenge to all parties wishing to lay a claim on our property to come forth and provide the proof of their claim(s).

However, remember the rule of court is the Plaintiff has the burden of proof. In the following parts, we will go into uncovering proof. If you haven’t done so, we recommend that you purchase a chain of title & securitization analysis because once you have real evidence that your mortgage contains fraud, legal violations, and or has been securitized you will have a much better chance at beating your foreclosure and saving your house.

Federal Rules of Evidence:

You can sue your lender in federal court and/or state court (this is called circuit court). Typically, the State Rules of Civil Procedure and State Rules of Evidence will govern state courts. However, since we don’t know which State you are in, and for the most part, these rules are pretty similar, we’re going to talk about the Federal Rules of Evidence governing the admissibility of photocopies. Specifically, we want to talk about Rule 1002 and Rule 1003. Please click on these and read up on them. These should be similar with your State Rules of Evidence. You should consult your own State’s Rules of Evidence to confirm.

Basically, what will happen is your “lender” will bring to court photocopies of the Deed of Trust and Promissory Note to claim their rights as proof of claim in your Quiet Title Action.

These are admissible, unless you learn to object!

The rules of evidence are simple. A photocopy is admissible unless it is unfair to admit the photocopy in lieu of the original. What you need to know is, under Uniform Commercial Code, your promissory note is a one of a kind negotiable instrument, just like a check. You cannot go down to a bank and cash a photocopy of a check. It has to be the real thing. Your promissory note contains the only legally binding chain of title. A photocopy made years ago does not contain the chain of title.

Basically, the argument is “sure, I signed a loan with you then, but we know you sold it. Can you prove that you still own it?”

Opposing Counsel will say, “But Your Honor, the plaintiff has the burden of proof. They are alleging that we sold the note. Where’s the proof?”

And that’s where most Pro Se Litigants get stuck!

If you do not have the proof (evidence) when you file your civil action, your case will be tossed out, and classified as “failure to state a claim”.

What typically happens when you file an action is opposing counsel (the dirty rotten lawyer working for the bank) will file a Motion to Dismiss. They ALWAYS DO IT; so expect it. In order to survive the Motion to Dismiss, you must have sufficient proof.

If you haven’t already purchased your copy of Jurisdictionary, do it now because you have no chance of winning your case if you don’t know the rules of the game. This is a mandatory resource if you’re serious about defeating your foreclosure and saving your house. I cannot stress how much you need this product!

Evidence of Movement:

The first and simplest evidence we can bring to court is called Evidence of Movement. In an Evidence of Movement situation, you closed with Bank A (let’s say Stearns Lending), who sells it to Countrywide (Bank B), who then got acquired by Bank of America (Bank C) ….who then securitizes the note into New York Mellons Bank Trust Series 12345.

So, the Deed of Trust names Bank A as the Beneficiary. But Bank C wants to foreclose. Bank C comes to the court with a Deed of Trust pointing at Bank A (Stearns Lending). Where is the Chain of Title on the Promissory Note that gives Bank C (BofA) the Right to enforce the note?

If you have a situation like this, you might not need to get a securitization audit, although getting one may make your case stronger and more likely to succeed.

Often times, Bank C would come to the Court claiming “Your Honor, we have reacquired the note and now have the right to foreclose.” If you encounter this situation, you must learn to object.

1) Show me the perfected chain of title. If you have sold it, then you lost your right to enforce.U.S. Code Title 12: Banks and Banking PART 226—TRUTH IN LENDING (REGULATION Z), a servicer does not have the rights of a lender if it has acquired the note for the purposes of administration.

2) Please stipulate for the record whether the note is part of a pooling and servicing agreement. Please stipulate whether the note has been securitized. Please stipulate who “New Your Big Bad Bankers Trust Series 12323 (of course yours will be different)” is, are they a REMIC?

3) If the loan has been securitized, did you reacquire the note as an unsecured debt in the secondary securities market? Are you acting in the capacity of a debt collector as governed under 15 U.S.C. §1692?

Remember, this is fraud at its greatest. Only the top echelon bankers know this scam. Even their Counsel does not know the scam that is being perpetrated here. He is just taking his client’s word at face value. He is hearing “we bought the note back” and accepts that the bank now has the right to foreclose. They don’t. Most homeowners who are confronted with this situation don’t know the scam either and run out of juice.

Do you see how we structure our arguments here? It was never “Show me the note”. We are attacking them on the “show me standing” and “show me that you are the real and beneficial party of interest who has the right to enforce the note”.

 

What is MERS?

MERS is 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 holds nothing. Banks set up MERS in the 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 their 70,000,000+ mortgages they claim to hold.

For example in MERS Is Dead: Can Be Sued For Fraud: WA Supreme Court we learn that 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 last month’s 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 confident 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.

“This may be the beginning of a trend,” says Elizabeth Renuart, a professor at Albany Law School focusing on consumer credit law. The company’s history dates back to the 1990s, when banks began aggressively bundling home loans into mortgage-backed securities. The banks formed MERS to speed up the handling of all the paperwork associated with recording the filing of a deed and the subsequent inclusion of a mortgage in an entity that issues a mortgage-backed security. MERS allowed the banks to save time and money because it permitted lenders to bypass the process of filing paperwork with the local recorder of deeds every time a mortgage was sold.

Instead, banks put MERS’ name on the deed. And when they bought and sold mortgages, they just recorded the transfer of ownership of the note in the MERS system.

The MERS’ database was supposed to keep track of where those loans went. The company’s motto: “Process loans, not paperwork.”

But the foreclosure crisis revealed major flaws with the MERS database.

The plaintiffs in the Washington case, homeowners Kristin Bain and Kevin Selkowitz, argued that the problems with the MERS database made it difficult, if not impossible; to determine who really owned their loan. It’s an argument that has been raised in numerous other lawsuits challenging the ability of MERS to foreclose on a home.

“It’s going to be very easy for consumers to say they were harmed because it’s inherently misleading,” says Geoff Walsh, an attorney with the National Consumer Law Center. If consumers can’t identify who owns their loan, then they don’t know whom to negotiate with, and can’t even be certain of the legitimacy of the foreclosure.

In a statement, MERS spokeswoman Janis Smith noted that banks stopped using MERS’ name to foreclose last year. She added that the opinion will “create confusion” for homeowners in the state of Washington while the trial courts consider its effect on pending cases.

Meanwhile, MERS is attempting to remake itself. The company has a new chief executive and a new branding campaign. In Washington D.C. federal lawmakers have recognized the need to create a national mortgage-recording database that would track all U.S. mortgages. MERS is lobbying to build it.

The case is Bain (Kristin), et al. v. Mortg. Elec. Registration Sys. et al., Washington Supreme Court, No. 86206-1.” (Reuters).

This information about MERS is very important for you to understand, if you are going to successfully defend your points in court. For a list of some FACTS about MERS check out https://fraudstoppers.org/a-few-facts-about-mers and also pay attention to: MERS-and-Citibank-are-not-real-parties-CA.pdf

IF you would like to see if your loan is serviced by MERS, click here: https://www.mers-servicerid.org/sis/.

Or you can also purchase a professional Securitization Audit, a Robo-Signing Check, or a Forensic Audit from Fraud Stoppers.

Who is the Investor?

There is a good chance Fannie Mae or Freddie Mac owns your loan. If you can find your properties here, then you can present this as evidence that your servicer (so called “lender”) is not a real party of interest. This is critical evidence to bring forth in your civil action. You must include this as a claim in your suit.

To find out whether Fannie Mae owns your note, please come here.

Freddie Mac’s database is here.

IMPORTANT: DO THIS NOW. Research whether these guys own your note. If so, then you have a vital piece of evidence to present to the court.

Carpenter v. Longan 83 US 271

Why is this so important? This is a US Supreme Court ruling that says the Deed of Trust is the peripheral, and the Promissory Note is the “Thing”. Imagine if you will, that the Deed of Trust is the tail, and the Promissory note is the dog. He who owns the dog controls the tail. He who controls the tail does not wag the dog.

Your lender will want to come in to lay claim on your title only showing ownership to the Deed of Trust without disclosing who the real and beneficial owner of the promissory note. This is admissible unless you know to object. If you quote this law when there is evidence of movement, then this will stop them in their tracks. Basically, it’s the same thing. ”Show me you have subject matter jurisdiction over this controversy”, “show your proof of claim and title”. He, who controls and owns the promissory note, controls the Deed of Trust.

Getting County Records:

Look, State Civil Code requires that every party of interest in your property must record their interest at County Records. So, any loan assignments must be recorded. Any notices must be recorded. To gather your evidence, you should head down to your local county recorder’s office and request for a complete printout of all recorded documents for your property from the date of subject loan. Go down and talk to your county recorder. They will usually be able to help you get the “title search dump”. You don’t need certified copies. Just the copies are fine, but it is a good idea to get all these documents handy so you can see what’s been recorded against your property.

What you are trying to find is instances where there is evidence of movement…i.e. the loan has been sold or securitized, but there was no corresponding evidence recorded at the County. So the next step is to go to the County Recorder’s Office for the DEED RECORDS and get a copy of every page of each document that is in the deed records of your home, since you got your last loan.

Print the Search Results, with your name as GRANTOR and GRANTEE, and your wife’s name as GRANTOR and GRANTEE, then search the property address, and print the search results.

Take your camera and take a picture of every page starting with the index or the cover page of your deed record file and save each picture by:

Yr-mo-day, YOUR LAST NAME, Name of Doc, Page of Doc:

[Example: 2013-07-04, Last Name, Original Deed of Trust received from ABC Brokers for Countrywide, 17 Pages]

You should end up with copies of your Original Warranty Deed, Deed of Trust (or Mortgage, as it is called in some states).

While looking at the Deed of Trust or Mortgage, click on the button or link for “RELATED DOCUMENTS” and print the search results, then get a copy of any “Assignments of Deed of Trust or Mortgage” and any “Releases of Liens”,” Appointments of Substitute Trustees”, “Trustee Deeds”, and Law Firm Letters, like Default or Acceleration Letters from Attorneys who are hired to collect the debts from you. Get a copy of everything in the file to the present date.

Calling a Title Company:

If you don’t want to do it yourself, then you can call a local Title company for a complete title research. A complete title research includes a report of all activities on your title from the date of sale. They will also print copies of these documents for you.

Writing a Foreclosure Timeline:

A timeline is a chronological structure and is frequently the way cases are presented to juries and judges of fact. Visual representations are important and they make it easy to share the details of you case with others. It sometimes becomes the underlying foundation for the flow of all information related to a case. Therefore, it is important that care be given in the creation of visual timelines. Here is a Sample Timeline.

The Chain of Title & Securitization Analysis:

For those of you who do not have clear evidence of movement, for example, you closed with Countrywide and the loan got acquired by Bank of America. Or your loan went through Chase and is now Chase is just a servicer, or GMAC (and GMAC is now servicing), then getting a Securitization Audit might be a way to go. Remember, as the Plaintiff, you have the burden of proof.

It will be like having a photo of a bank robber with a gun aimed at a teller. It’s them caught with their hands in the cookie jar…and it puts opposing counsel in a position of having to explain to the judge why he should not be sanctioned for bringing fraud before the court. Fraud Stoppers Foreclosure Defense System includes one of the most powerful Chain of Title & Securitization Analysis available today. Banks hate it because it’s preformed by licensed professionals and includes the admissible evidence that you need to save your house from foreclosure. Banks HATE these because it exposes their fraud.

In today’s world of securitized residential mortgages, a Secured Mortgage Loan consists of two parts: (A) the financial obligation (created by the Tangible Promissory Note) which operates in accordance with Federal and State Law, and (B) an enforceable contractual lien instrument (i.e. Tangible Security Instrument, Mortgage, Deed of Trust) intended to provide an alternate method of collection of payment to the Holder of the financial instrument in accordance with State Law. In reviewing the transfer and ownership history of a Secured Mortgage Loan, one must evaluate the negotiation of the financial instrument and consider the laws applicable to the Security Instrument upon said negotiation of the financial instrument.

Our Competent Evidence Package looks at the true sequential ownership of a Securitized Mortgage Loan Security Instrument as evidenced by the documents related to the client’s property filed with the County Recorder’s Office, and compares it to the claims of ownership made by the party attempting to foreclose. The Competent Evidence Package shows what steps SHOULD have been taken in the securitization process in order to become a proper party to enforce the mortgage contract, according to both statutory and case l aw. More importantly, the Competent Evidence Package shows what steps were ACTUALLY taken in the securitization process, and what steps were NOT taken, and the results of these actions/inactions on the Chain of Title as shown by the County Records.

Many times clients and their attorneys lack competent evidence. The term “competent evidence” is used to refer to evidence that is directly relevant and of such nature that it can be admitted into evidence in a court of law. For a client considering going into litigation, a prior assessment of the potential violations surrounding the Chain of Tit le of a Securitized Mortgage Loan is a much-needed tool for determining whether there is a valid basis for proceeding with a legal action.

The goal is to arm one’s self with indisputable evidence so they may clearly and accurately demonstrate that the claims made by the foreclosing party may be inaccurate and/or fraudulent. In addition to the written Chain of Title Analysis, our Investigators also create a customized infographic/flowchart/schematic to visually represent their findings regarding the path taken by the various parts of the client’s Mortgage Loan and the parties involved in the securitization process. This visual representation is invaluable in making the arguments indisputable and understandable to the clients, attorneys, and judges – A picture is truly worth a thousand words.

Now, let’s continue with a little role playing.

Opposing Counsel:”but Your Honor, the plaintiff has the burden of proof. They are alleging that we sold the note. Where’s the proof?”

You:”Your Honor, please see Exhibit C in our evidence as part of our initial complaint. On Page X, you will find our loan listed as a permanent fixture in an SEC filing for the New York Mellons Bank Trust Series 1232342 REMIC in which this loan has been securitized.”

Judge: “Counsel, what do you have to say to that?”

Opposing Counsel:”I don’t know about this you’re Honor; I was informed by my client that they bought back the loan.”

You: “Counsel, are you aware of FAS 140? Under the Financial Accounting Standard 140, it says that once a loan has been sold into a pooling and servicing agreement, the lender forever loses control of the asset.”
“Are you aware that this loan is a permanent fixture of the New York Mellons Bank Trust Series 1232342 REMIC?”
“Where is the Chain of Title that gives your client the right to enforce the promissory note?”
“Are you aware that the promissory note has been discharged in the REMIC as a bad debt and that the individual share holders have received tax credit for this loss?”
“Are you aware that once a debt has been discharged, it loses its ability to collect?”
“Are you aware that your client bought the note as a discharged debt and an unsecured instrument?”

“I motion the court to have Counsel stipulate that you know with firsthand knowledge that the note has not been discharged as a non-performing asset. “If he cannot, then say… “I move the court to sanction opposing counsel for bringing fraud before the court. Counsel misrepresents the facts in order to deceive the court.”

Keep in mind that the courts are absolutely corrupt and will try to rule against you at every opportunity. Therefore it is vital that you not only learn the rules of the game Jurisdictionary…but you must also learn how to land on them like a ton of bricks when they try to break the law and violate your legal rights!

FRAUD STOPPERS Private Members Association (PMA) has a PROVEN WAY to help you save time and money, and increase your odds of success, suing the banks for mortgage and foreclosure fraud.

Our primary focus is helping you get clear and marketable title to your property by arguing that the actions of the banks have made the security provisions of the mortgage/deed of trust unenforceable as a matter of law.

Take action right now and get the FACTS and EVIDENCE that you need to gain the legal remedy that you deserve!

Stop Foreclosure, Sue for Breach of Contract

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! In 2016 the California Supreme Court ruled in Yvanova v. New Century Mortgage Corporation (Case No. S218973, Cal. Sup. Ct. February 18, 2016) that homeowners have legal standing to challenge an assignment of the mortgage loan contract in an action for wrongful foreclosure on the grounds that the assignment(s) is/are void. Obviously if the court had ruled differently, the banks would have had carte blanche to forge mortgage assignments with wild abandon. In fact, without a system of endorsements and assignments it would be impossible to determine who has a legitimate interest in the property!

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.

If your loan contains fraud or it was securitized then your lender may have breached your mortgage loan contract, and therefore your mortgage loan contract could be legally challenged in a court of law. If your mortgage loan contract is declared legally void, then any assignments of the mortgage loan contract, or subsequent assignments, could also be declared legally void.

Securitization is the process of taking an asset and transforming them into a security. A typical example of securitization is a mortgage-backed security (MBS), which is a type of asset-backed security that is secured by a collection of mortgages. Keep in mind that it is perfectly legal for banks to create mortgage-backed securities (MBS’s); however there are significant legal ramifications that will either harm you, or benefit you, depending on what actions you take in response to the fact that your mortgage or deed of trust is legally void resulting in your property, in reality, being unsecured, just like a unsecured credit card debt. What’s in your wallet?

This is why we recommend that you take immediate action and sue for the remedy the law entitles you to, and that you deserve. Treble damages and clear and free title to your home. Not sure if your loan contains mortgage fraud or if it was securitized, no problem, we will do a free mortgage fraud analysis and free Bloomberg securitization search for you.

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:

1. WAIVERS

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 getting 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.

Instead of fighting the foreclosure itself head-on, we argue that none of the banks or their agents has the right to enforce the foreclosure provisions of the Mortgage/Deed of Trust. In effect, if none of the banks have standing to enforce the foreclosure provision, we are entitled AS A MATTER OF LAW to a declaratory judgment of Breach of Contract (Security Agreement) that is res judicata, i.e., a permanent ban on foreclosure.

The Stand & Fight Program is a complete program that provides you with everything you need:

• Administrated Process
• Court Ready Chain of Title Investigation and Signed Affidavit
• Complaint along with all exhibits
• Legal Research
• Legal Briefs
• Motions
• Answers
• Interrogatories
• Depositions
• Case Management for Local Civil Rules of Procedures
• Training and Support

Take action right now and get the FACTS and HELP that you need to gain the legal remedy that the law entitles you to, and that you deserve!

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