forclosures fraudulent and coming to an end in california

reply to post by Iamherefornow


please reveiw the stratagy works for ALL morgages as most major lenders were on selling the morgages to a third party anyone with a morgage can use this lawfull stratagy

please reveiw and follow the link how to look up your documents for fraud in previous posts

here it is
external link
4closurefraud.org...



[edit on 6-8-2010 by XPLodER]

[edit on 6-8-2010 by XPLodER]

reply to post by ldyserenity


not sure but i think the ownership has to be non contested for a certain amount of time for squaters rights and most renters dont need to prove ownership to the renter

interesting i will investigate the case law

reply to post by Julie Washington


as far as i can tell it is when the note is filed the fraud occours and this is a legal produce the note or else that this approach uses

please always seak legal advice as this is more a debate than advice

please bring these points up with a lawyer as they will not tell you about this approach

XPLodER

A. If your lender has already filed suit to foreclose on your home:

1.Use the first form. It’s a fill-in-the-blank legal request to your lender asking that the original note be produced, before it can proceed with the foreclosure. In some jurisdictions, the courts require the original request to be filed with the clerk of court and a copy of the request to be sent to the attorney representing the lender. To find out the rules where you live, call the Clerk of Court in your jurisdiction.
2.If the lender’s attorney does not respond within 30 days, file a motion to compel with the court and request that the court set a hearing on your motion. That, in effect, asks the judge to order the lender to produce the documents.
3.The judge will issue a ruling at your hearing. Many judges around the country are becoming more sympathetic to homeowners, because of the prevalence of predatory lending and servicing. In the past, many lenders have relied upon using lost note affidavits, but in many cases, that’s no longer enough to satisfy the judge. They are holding the lender to the letter of the law, requiring them to produce evidence that they are the true owners of the note. For example:

external link
www.consumerwarningnetwork.com...

this information is for educational purpose and not intended as legal advice on my part please seek legal advice before carrying out any process in law

XPLodER



Mod Edit: External Source Tags Please Review This Link.

note speculation follows

the Obama administration has become aware that judges are starting to follow the letter of the law in more and more states as precident is set

this means freddy and fanny are going to lose alot of forclosure cases because the morgages have been bundled into morgage backed securities MBS this means the lender and owner are seperate parties and this constitues fraud

the fact that 30% of forclosures have been rejected in florida due to no note being produced means ALOT of files are friverlous and fraudulent means that the only political gain is to restart these loans at more freindly rates

but this process is funded by tax payer money and the banks get paid to renagotiate your morgage

but if the court finds in your favour then you get free title and the morgage payments are null and void

this offer may be a way of reinstating loans that ultimatly you wouldnt have to pay

be very wary of goverment help in refinancing as this may be a ploy to ligitamize a fraud so you still have to pay but over a longer period creating more interest to the banks

this is intended as a debate topic only not legal or financial advice prior to carrying out any steps in this thread consult an aterney

XPLodER

Originally posted by XPLodER
reply to post by XPLodER

 

It involved something called an "assignment of mortgage," the document that certifies who owns the property and is thus entitled to foreclose on it. Especially these days, the assignment is key evidence in a foreclosure case: With so many loans having been bought, sold, securitized, and traded, establishing who owns the mortgage is hardly a trivial matter. It frequently requires months of sleuthing in order to untangle the web of banks, brokers, and investors, among others. By law, a firm must execute (complete, sign, and notarize) an assignment before attempting to seize somebody's home.

external linky from a legal stand point
www.givemebackmycredit.com...

xploder

Sorry xploder, an Assignment of Mortgage is not any kind of certification.
It is what is says it is, an assignment from a Mortgagee who is the owner and holder of the mortgage and the note to an entity who is buying it.

One of the problems in this whole fiasco is that mortgages have been sold and assigned in large groups without taking care to also tranfer the original signed Note of indebtedness.

The validity of the MERS foreclosures has been questioned some years ago. I'm glad to see that something is finally being done about them.

If you have access to the Public Records in your area you may be able to view them on the internet. Otherwise if you really want to know what these document say you should go to your county court house and search the name "MERS' or if it is indexed by it full name use that.

Originally posted by kozmo

I am in the process of retaining an attorney to do a comprehensive records search on my property to determine the status of title. If it is determined that the title has been lost or assigned improperly, I am going to proactively challenge my loan servicer's authority to collect mortgage payment and petition the court to legally match title with deed. I will let you know how this goes.

Why are you hireing an attorney to do your title search?
A Title Insurance Company will do it cheaper.
Actually you could do it yourself, and maybe on the internet.
Google County Records for ___________County, Your State.
If you can go to the court house and look it up yourself.
Certainly you have your Original Deed?
A copy of your Mortgage?
Any Assignments - that would tell you to send payments to a new named entity.
There should be nothing in the status of your title that you do not know about.
Altho I have seen people who did not even know what their deed looked like.

You obviously are not a lawyer.

Originally posted by tinkytink1207
I am wondering since the changeover from wachovia to wells fargo who has my deed. Its weird how they haven't contacted me with the friendly reminders etc as they have always done in the past??? So I should ask our attorney to research the deed to the home?? Then he will be able to let me know who owns the deed now??

Surely you know if you have a DEED.
If you didn't the bank would not lend you money.
Do the real estate tax bills come in your name?

I never cease to be amazed at how little people know about the biggest investment of their lives - the ownership of their home.

Originally posted by ldyserenity
Hmmmm, I am just wondering how far this could go, could it bleed over into renters? Say the renter asks for documents to prove the landlord has ownership of said land to warrant being Paid to let someone else use the property, well if that landowner hasn't got the correct paperwork nor the mortgage holder has, then can it not be said, that said tenant could claim ownership and stop paying rent and be safe from eviction? I mean if it 's a place where possession is nine/tenths than could this not be cited for ...

Wrong!
Knowing that the person you are paying your rent to owns the property is one thing that would be in order.
There was a case recently of a non owner renting property, however there is no way the renter could get to own the property without legally purchasing it from the legal owner.

why aren't people jumping on this thread? This is very important and finally an opportunity for the American people to level the playing field.

You finally have the government and the courts standing up for the American people and all we get is a yawn from the audience?

Edited:To say that this does not belong in Skunk Works as it is 100% true.

[edit on 6-8-2010 by sligtlyskeptical]

First of all because my home is not paid in full I do not own my home so I do not have the deed to the property free and clear. I believe that until you own your home (it is paid in full )you really don't have a deed to anything because you do not own the property. The bank does. So I do believe that I may have the original copy in my paperwork from 12 years ago but I do think the banks keep your deed on file as you do not own the property. I actually owe more on my home now than the value that it has been appraised at now. so the original deed would not even be correct now and I have never seen an updated deed. If there is one and I assume there is the bank has it and I have never been given an updated copy from date of purchase? So I know they were not using original values from 12 yrs ago when they pushed us to get a 2nd mortgage because they loaned out way more than original value. and of course we are upside down now. SO I am trying to understand all this information. Oh and OhZone, Thanks for taking the time to review everyone's posts and treat everyone like idiots. Sorry we can't all be as smart as you. At least we are trying to research this and get the info. Also I agree this should not be in skunk works. We need more people to answer questions and get involved in this!

Oh also, How would you know if this the biggest investment in my life?? Lots of people have a lot of other investments that are more important than a home loan??? I would not call it the biggest investment in someones life when you do not know anything about a persons background. That shows me that it must be the biggest investment in your life?? You shouldn't make bold statements about such a varied group of members. Everyone's situation is different.

reply to post by OhZone


question what ultimitly happens when to many forclosures happen at the same time

avalance and the best way to stop it is at the start so the average person is saved from lawers fees and litagation?

place the responcability on the lender to prove in a court of law they can PROVE a case ownership and loss and satisfy the judge before filing for your property

why should the average joe need to know law to keep their own property?

XPLodER

reply to post by OhZone


i think it has more to do with the process of filing and change of holders and the process that transfers ownership

i imagine sloppy paper work and loose transactions may not be in order with alot of cases

imagine 25% of people takeing their bank to court for fraud

remember when you go to court originals of everything has to be in court with you and correctly filled out filed

XPLodER



[edit on 7-8-2010 by XPLodER]

Originally posted by OhZone

Originally posted by ldyserenity
Hmmmm, I am just wondering how far this could go, could it bleed over into renters? Say the renter asks for documents to prove the landlord has ownership of said land to warrant being Paid to let someone else use the property, well if that landowner hasn't got the correct paperwork nor the mortgage holder has, then can it not be said, that said tenant could claim ownership and stop paying rent and be safe from eviction? I mean if it 's a place where possession is nine/tenths than could this not be cited for ...

Wrong!
Knowing that the person you are paying your rent to owns the property is one thing that would be in order.
There was a case recently of a non owner renting property, however there is no way the renter could get to own the property without legally purchasing it from the legal owner.

OK Don't jump on me sheesh, I was speculating asking if it might be valid? Thanks for answering. I looked it up but couldn't find anything on that. It was just a thought I tossed around out loud, I don't know anything about real estate sooo.

reply to post by OhZone


no im not a lawer

Since no evidence of MERS’ ownership of the underlying note has been offered, and other courts have concluded that MERS does not own the underlying notes, this court is convinced that MERS had no interest it could transfer to Citibank. Since MERS did not own the underlying note, it could not transfer the beneficial interest of the Deed of Trust to another. Any attempt to transfer the beneficial interest of a trust deed without ownership of the underlying note is void under California law.”

external link
mandelman.ml-implode.com...

please read the whole artical as this states the ruling and case law and possiable applate court rulings ect

this process could save the american people from losing every thing

[edit on 7-8-2010 by XPLodER]

In reality MERS is really nothing more than a shell, or a front corporation for its so-called “members”. Many of these MERS members were once some of the most prestigious names in American finance. Many MERS members are now reporting hundreds of billions of dollars of losses as result of their ill conceived scheme to ramp up mortgage origination so they could pretend to flip millions of mortgage loans into trusts in exchange for trillions of dollars of investors money. One big problem was that the promissory notes were never actually delivered to the trustees of these trusts. Therefore these trusts have no evidence of ownership of the debts they purportedly purchased.

linky external
loanworkout.org...

xploder

Yet many of the investment “trusts” which supposedly hold thousands of original promissory notes are hard pressed to produce them when legally required to do so. MERS admittedly does not hold any promissory notes. A party must have possession of a promissory note in order to have standing to enforce and/or otherwise collect a debt that is owed to another party.

external link to very important blog
loanworkout.org...

XPLodER

just studying ucc law code interesting is this

UCC 3-501 requires a lender to “exhibit the note” when the lender makes demand for payment, and the borrower demands to see the note. Technically a demand for payment occurs every month, and it also occurs when a bank begins foreclosure proceedings.

UCC 3-501 also requires a servicer to show authority to make a demand for payment, if it does not own the note, but is merely servicing it. In the event a noteholder or servicer or will not exhibit the note or perform other legal requirements when requested to do so by the borrower, this UCC section allows the borrower to discontinue payments WITHOUT DISHONOR until such time as the noteholder or servicer complies with all laws or contract provisions.

external link

loanworkout.org...

this means anyone as part of being asked for monthly payment you the borrower can ask the bank to see the note you are paying against and if they cannot produce it you can go to court and suspend payments without default (can a lawer confirm or deny this)?

this is not intended as legal advice or financial advice please seek profecional advice by bonded bar accoiciated lawers no responcability is accepted for using this material for anything other than educatioal purpoes to stir bebate

the mers process is corrupt and does not follow UCC code and allows fifty million plus morgages to be questioned for fraud

XPLOder

reply to post by tinkytink1207

I know it’s different from state to state, but I can tell you that in NC, the banks do not get the original deed. They do get the original note and deed of trust. They don’t need the original deed because once it’s recorded, that’s it, it is what it is. It's not like a car title. Deeds don’t get updated because they only show the value when you actually bought the property–if yours even shows that. Unless you do something to change the ownership (like putting it in a family trust) or changing the legal description, the deed does not change.