Foreclosure - I am Losing My Home Today

If your loan was through JP Morgan Chase or one of the big banks, lawsuits such as this is going on all over in multiple states:

A class action lawsuit has been filed against Chase Home Finance LLC and JPMorgan Chase, N.A. in the U.S. District Court, Southern District of California, alleging that defendants reneged on a promise to modify troubled mortgages.

The class action is brought on behalf of the following class of persons: All mortgagors in the the State of California whose home mortgage loans are or were serviced by Chase Home Finance LLC or JPMorgan Chase Bank, N.A. and who (a) have attempted to obtain permanent loan modifications from Chase Home Finance LLC or JP Morgan Chase Bank, N.A. through the Home Affordable Modification Program (“HAMP”) or similiar loan modification programs; and (b) have made payments pursuant to a HAMP Trial Period Plan (“TPP”) or any similiar temporary modification agreement offered by Defendants.
For more information on the Chase Home Finance & JPMorgan Chase mortgage loan modification class action lawsuit, read the Chase Home Finance & JPMorgan Chase class action lawsuit complaint.

www.chase-sucks.org...

FALSIFIED AND PHOTOSHOPPED documents

What Is Chase Actually Accused Of?
In plain English, Chase is facing charges of providing false evidence regarding home mortgages in bankruptcy cases. Specifically, the lawsuit alleges that: Chase fabricated documents that recorded its chain of ownership of residential mortgage loans.

In order to be able to claim ownership of mortgage debt in bankruptcy court (or any court), a person must have a hard copy of the mortgage’s promissory loan (also called a Master Loan Note, or MLN). Because of electronic mortgage registration systems and securitization of mortgages (two factors that greatly contributed to the expansion and burst of the housing bubble), however, most banks no longer hold paper MLNs. Chase presented falsified documents in bankruptcy court. In order to “prove” that it was the lender to whom a bankruptcy filer owed money, Chase allegedly presented these fabricated documents to bankruptcy courts (because it did not have actual documentation). Chase rewarded lawyers for speedy action. During a bankruptcy case, filers are protected from collection actions like foreclosure by the automatic stay. But creditors can petition the court to lift that stay in order to collect on certain debts. In Chase’s case, the charges claim, the bank rewarded attorneys for producing false documents quickly and convincing the court to lift the stay quickly so that Chase could foreclose or collect money on a bankruptcy filer’s hom

www.totalbankruptcy.com...

Do your research, make a free consultation visit to a lawyer!
Big banks think they can get away with this crap.

Long story short, the bank has to have the original paper note, in order to prove they own the property, and most banks don't even have these anymore thanks to computers.

reply to post by zarp3333

Hi Zarp -

Does the PNC Bank actually own title to your mortgage or did they get it through the back door i.e. from some mortgage based security fraud by buying the paper from someone who bought the paper from some other company who bought the paper from some other company?

Legally, the ONLY way that PNC Bank can issue a default notice and kick you out of the street is to produce in court in front of a Judge the ORIGINAL SIGNED ('inked') TITLE INSTRUMENT to the mortgage known as THE ORIGINAL PROMISORY NOTE which has to have an ORIGINAL signature, not some computerised copy.

A friend of mine was trying to save his house from foreclosure, and just when the judge was about to issue the order, he simply asked, Your Honour, Could the Court Please Request that the Lending Institution produce the ORIGINAL PROMISORY NOTE, not this copy here - to PROVE TITLE of OWNERSHIP..."

The judge stared at my friend and said, "That Sounds Reasonable... you have a right to know who actually OWNS your mortgage - and pointed to the institution asking for a foreclosure - "Very well, produce the Original Promisory Note Instrument in order to proceed..." and the lending institution said, 'Um...we don't actually have the original Promisory Note - it's probably somewhere in the system...." whereupon the Judge said, then come back in 10 days time WITH the original promisory note, and we can proceed. Otherwise I will Dismiss this Case..."

Ten days later they came back with a computerised copy of the promisory note, but the original was sold off in 2004 to some company in Europe then resold to the Chinese and then resold to a third company in Belgium...

The judge issued the final verdict: 'In view of the fact that the Lending Institution desiring a foreclosure on this property cannot PROVE TITLE by producing an ORIGINAL promisory note, the foreclosure process has been halted until such time as they CAN prove title of the same..."

And my friend was able to keep his house. So, try to fight this one in court via a proBono attorney - if PNC Bank cannot produce an ORIGINAL PROMISORY NOTE in ORIGINAL INK, they cannot foreclose on you because they cannot prove Title (i.e. ownership) of the Mortgage.

This is what happens when mortgages are combined with other mortgages then resold as bundles then resliced and sold off again under new bundles, then combined with other morgages, and resold again as new bundles - the ORIGINAL PROMISORY NOTES are missing in more than 79% of the cases before the court in modern foreclosure actions since 2005.

So DO NOT give up hope - the onus is on PNC Bank to produce the ORIGINAL INKED PROMISORY NOTE DOCUMENT - and if they cannot do so, no judge would proceed with a foreclosure since no TITLE is PROVED !!!

This is April 19th - the Day of the Battle of Lexington and Concord - PATRIOT's DAY....so FIGHT these thieves !!!!

And hang in there - you have a right to the documents that concern you and your property, and by God's death you're entitled to be shown them IN THEIR ORIGINALS !!.

You haven't said the exact step you are in foreclosure. Have you just been served a notice or have you received a notice of eviction?

There still a lot that can be done. If you want to file for bankruptcy, many times this stops the foreclosure process and you can get your loan modified through the BK process. If you have the money, you can reinstate your loan by paying the past due balance?

There's also the new hardest hit fund, through your State. This program will pay your past due balance. As someone mentioned before there is a program where they will give you $3,000 to turn over your keys.

There's help out there but no one is going to knock on your door. You have to do research and then push for the program.

Even if it is too late in the process, don't worry too much. In 2-3 years, you can get a FHA loan and probably end up paying half your original mortgage.

reply to post by zarp3333


Does'nt it make ya want to live in Iceland where they ARRESTED the bankers while the USA bails them out!

my aunt lost her home like 3 years ago, lol. they still live there no ones come knocking on her door.

Sorry state of affairs, indeed. Lost my house in '09. Got my own long story I won't even go into. Suffice it to say, whatever "remedy" that the elite rulers may allow are too little to late for me, my family, and my ilk. If the past is any indication, they'll help mostly those that don't need it. Bankruptcy? Expensive poison, get advice on that. Some people may do better staying one step ahead of the collectors until this whole thing either collapses, or the criminals are rounded up. One thing is for certain; things won't be a continuation of what they've been for much longer.

I believe that we are near the tipping point. The severity of the leveraging cannot be camouflaged for much longer.

reply to post by zarp3333


Do you like the mountains? The Ozarks in particular? Step out of your money pit and right into a home, start here www.cosl.org.... Look at the negotiated sales list.

I have bought so many houses over the years it would blow your mind! Have any questions just let me know.

Originally posted by zarp3333
Has all integrity been lost? Has everybody sold out? I feel all alone as if nobody let me in on a joke as I sit here thinking "Hey dumbass, nice guys finish last. The jokes on you a-hole."

You have my deepest sympathy and I pray for your future. I also pray not to loose my house and need to find a job where an employer may appreciate my brain rather than valuing mediocrity. But its no joke. God knows the bigger plan and we can atleast keep our faith knowing we've not become like those who rob and kill us.

Bless you zarp - and thanks for sharing your story with us.

Originally posted by zarp3333
Some of you may remember my pleas for prayers two years ago when my 4 month old son came down with a mysterious liver disease. In spite of being insured, medical bills overwhelmed us. My wife was nursing my son at the time and joined him in the hospital as he was turned into a baby blood donor for round the clock tests.

During the month long hospitalization, my wife did not work much. She would leave the hospital to see her speech-therapy clients when the baby passed out. She was unable to work full-time in the weeks to follow.

We missed two mortgage payments. We called PNC Bank and offered to send future payments. Our family, friends and church offered financial support. PNC refused to accept payments. They said we defaulted but would consider a mortgage modification.

After numerous "failed attempts," they kept losing our documents, we hired professional document preparers. Every couple of months they would ask for new pay stubs. We sent the last request for info 5 days late Suddenly, they said too bad and sent notice of foreclosure.

It's obvious they never had any intention of modifying our mortgage. We only lasted so long out of their guilt of booting 7 people to the curb.

The part that really chaps my ass is that I was ignorant of the law. PNC would have been forced to reinstate our loan had I sent the payments.

To add further insult to our pain, we have come to realize that CraigsList has been taken over by scammers. I saw many listings in the DC area with the phone number. They advertise lists of homes on pre-foreclosure lists as "rentals." after you pay a fee, they expect you to knock on doors and offer to take over mortgage payments.

There are also Nigerians listing "rentals" demanding payments sent to Nigeria. And, BTW, to pay no attention to For Sale sign in the yard or any people who may be inside. They are agents who just got fired.

Has all integrity been lost? Has everybody sold out? I feel all alone as if nobody let me in on a joke as I sit here thinking "Hey dumbass, nice guys finish last. The jokes on you a-hole."

time to burn it down. Why give those crooks anything?

P.S. same scam was done to me on my student loan. Sure they "lost" the paper work.

reply to post by zarp3333


Having been in a similar situation a couple of years ago, This is my advice to others that are just finding themselves on this road:
1. get a lawyer, your gonna need someone on your side.
2.see what can be done to save it or if not savable then how to get out of it as cleanly as possible.
3.no matter how desperate you are , and I know you feel that way. DON'T GET SCAMMED. There are many places that will scam you knowing how desperate people in that situation are, don't let them take advantage of you.
4. believe NOTHING the bank or mortgage company says...they lie to get the home and they don't care if you are out on the street.
5. ANY agreement on payments between you and the mortgage holder should at this point be sent (as well as paperwork) by certified mail only. this way you can PROVE you sent the money or papers or both. they must sign for it and that makes it legal.
6. good luck and god bless,cause we have NO ONE on our side in this. the government has totally forsaken us since we only pay they're paychecks and not all the money they are stuffing in they're pockets extra.

reply to post by zarp3333


So sorry to hear about your situation. This seems to be happening to far too many of my friends. Friends who have been responsible, paid their bills, and then had something tragic happen. Nobody cares as their homes are stolen from them... and then left empty for years.

As I tell everybody who supports our current predatory capitalist system: "Virtually every American is only one illness or injury away from being homeless".

I am very sorry to hear your story, but you have to come to the conclusion that people are greedy and will do anything for money. I have purchased stuff from UPS Standard to Canada and as always, the driver acts as our broker during the borders passing. I therefore decided to call UPS offices and ask they to self-broke my package and the next thing I know, UPS has shipped my package TO MY NEIGHBOURS and charged them $46.96 CAD in 'C.O.D.' as they call it. The delivery man told me it was shipping fees added by the sender and the guys on the phone told me it was taxes and brokerage fees. I checked up with Canadian Custom Agency and it turns out the actual price of brokerage is about 10$. This isn't the first time something like this is happening to me (I already got charged $99 CAD from them when I was younger and ignorant of my rights), but now what shocks me the most is that I CALLED THEM THE DAY BEFORE THEY SHIPPED MY PACKAGE. They told me they would send me papers, which they didn't. Very sad for them because they have no idea what will happen to them now and they will cry for pity when we will hit them.

Telling people to pour cement down the drains, and all the other non-sense is not doing anyone any good. The house did not do anything to anybody! Let someone else buy it, and enjoy the home.

Bottom line is this, We read 1 side of the story, there is always 2 sides. It doesn't matter what personal issues you have going on in life you have to pay your bills, and that includes your mortgage payments. You signed the agreement when you bought the home. All the sad excuses and stories does not stop the fact that you are the one who defaulted on making your payments. Your on a computer, you still paid your internet bill obviously. So you should have paid your mortgage payments.

I'm tired of people telling their 1 sided story to gain sympathy from others. It usually always revolves around well my kids sick, or my dog died. Come on people pay your bills and stop making excuses of why you lost your homes. It's everybody's fault but there's..Always you ever noticed. Dig for cans, collect glass bottles, you do whatever it takes to keep your home. Being by a sick child's side at the hospital is not going to make things better for him or her if they have no home to return too!

Accept the consequences for your're actions, Not blame everybody else for whats happened in your life!

reply to post by zarp3333

I feel for ya. If you had not missed a couple of payments they would not have scammed you so bad. If you had not had family medical problems none of it would have happened. Misfortune hit you, fortune may hit you next. Those scammers look for any weakness and attack.

Originally posted by Mr_skepticc
Telling people to pour cement down the drains, and all the other non-sense is not doing anyone any good. The house did not do anything to anybody! Let someone else buy it, and enjoy the home.

Bottom line is this, We read 1 side of the story, there is always 2 sides. It doesn't matter what personal issues you have going on in life you have to pay your bills, and that includes your mortgage payments. You signed the agreement when you bought the home. All the sad excuses and stories does not stop the fact that you are the one who defaulted on making your payments. Your on a computer, you still paid your internet bill obviously. So you should have paid your mortgage payments.

I'm tired of people telling their 1 sided story to gain sympathy from others. It usually always revolves around well my kids sick, or my dog died. Come on people pay your bills and stop making excuses of why you lost your homes. It's everybody's fault but there's..Always you ever noticed. Dig for cans, collect glass bottles, you do whatever it takes to keep your home. Being by a sick child's side at the hospital is not going to make things better for him or her if they have no home to return too!

Accept the consequences for your're actions, Not blame everybody else for whats happened in your life!

edit on 19-4-2012 by Mr_skepticc because: (no reason given)

this reads "let the bank profit from your misery". Screw the bank. are you some bank hired shill or something? Between the banks and the insurance companies these corporations have ruined yet another life. That's what they do best. Stop rewarding them for it.

reply to post by TheLastStand


Or smile and bend over, don't mind what the banks are doing back there.........

reply to post by zarp3333


First, how is your son doing?

Next, yes get a lawyer now, a good one.

Don't leave until they force you out and maybe call the local TV Station and tell them about your son and there is going to be a forced eviction on _______ (the date).

Next, have someone, a friend film you folks, particularly the kids being thrown out of your home.......and if the TV station won't come to you, you send a copy to them and put it on You Tube, protesting being thrown out of your home, make a racket, but don't be threatening or violent because our police in some places are now going nutzo.

Maybe we should have a You Tube Channel, where everyone that is being vicitimized by the banksters submits their videos to this one You Tube Channel and call it "The American Dream Lost" or something, just an idea I'm trying to throw out there..................if enough of us do this, and show the children involved.

Again, We're supporting two autistic sons and two rescue dogs and me, my job was handed over to someone in Mumbai India.

Next, normally I don't believe in trashing a place, revenge but maybe if you wreck the house so badly, the bank will loose money in trying to sell it. If you are sure you won't be prosecuted for trashing the place, go for it.

I don't know much about these matters.

Most people don't realize how close to the pavement / alleyway they are..........most are one paycheck away.

I will keep you in my prayers.

Maybe someone else will come up with a good idea.

Be careful though, while trashing your house may seem like a good idea, the bank could conceivably take you to court on wrecking property???

Maybe someone else here on ATS that has gone through this can advise you.

Next, do you have family or friends you can move in with for awhile?

Wish I had enough money to buy your house and give it back to you, I really do, but we're struggling now too with my job being outsourced to India a year and a half ago and I'm too young for retirement but past the "desirable hiring age", two adult autistic sons and a grand daughter that, like her father has ADHD. Don't know if he will keep the halfway decent job he now has, jobs come and go for him.

So, my 67 year old husband is supporting us all with a aorta valve replacement that is 6 years old.

These are trying times for many. I hope your son is okay.

Best of luck and please keep in touch with us and let us know how you are doing.

Safe journey.

reply to post by zarp3333


Zar I am sorry to hear about your home, but is your child alright now? That to me after so much loss in my own family in the past years seems to be the most important issue you have.

If all is well and you have your family, then what more can you do than see that this is a direct calling from the deepest reaches of the Universal flow, taking you and your loved ones towards a higher calling.

Never fight the river.

Even when things seem to be the darkest, there will always be a bright star to lead your way if you remember to look up instead of down.

This too shall pass.

( You have helped pick my spirits up in the past, I hope that my sentiments can help you right now too, keep us informed)

Hope your new home looks like this, surrounded by beauty and inspiration...

We recieved our notice of intent to foreclose April 1. Coincidentally, we had recieved another letter one week prior stating we were in the modification process. The right hand knows not what the left doeth.

I read as much as I could about halting the process especially the parts effecting mortgage pool investments. As far as I could see, our promissory note was recorded by National City Mortgage on December 9, 2009. The deed was given to a trustee located in Virginia beach.

Although PNC acquired National City, there was no record in the county office nor do I know if they had to legally file any change of ownership. I did notice that the deed was "re-recorded" one year later. The original note had no maturity date. The new note had a xerox copy of my wife's signature. It was obvious she had made a mistake signing the first one and the second one had the same mistake.

The only other filing was from March 1 of this year transferring the note from the original trustee to Sam White, in Virginia Beach. He does all the dirty work for the banks in our part of Virginia. We called his office and he basically said "Tough luck. Your house will be auctioned per the notice on April 19, 2012 on the steps of the Norfolk Courthouse at 9:00 am.

Virginia is a non-judicial state meaning they promissory note contains language stating that the owner of the note does not need to go to court. All they have to do is give notice in a local paper.

If anybody can back me up on this, I would appreciate it. It's my understanding of Virginia precedent that the new "owner" can issue a Notice to Quit in 5 Days to inform the Tenant at Sufferage (my family), we have 5 days to leave. If I say shove it up your ass, they must go to a judge and get a hearing to prove they have the legal right to kick us out. They must get a a hearing within 2-3 weeks.

This may be my only chance to make them show a "Wet Signature Promissory Note." if not, we may be in luck. If they can produce it, we can ask the judge to stay the eviction for a couple more weeks.

Somebody suggested I call occupy Norfolk for a protest. Having worked in the news, I know our story would get some coverage because anybody with a shred of decency knows intuitively, it's not right.

Have you talked to a HUD housing counselor yet? They should be able to give you some free advice. All states have them.