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Notes from Larry:

I wish to thank those of you who come to this site even though I have been absent for quite some time. This site has a very important purpose. There is much to say and much to hear from all of you.

For those of you who might be wondering about m;y health, I am happy to report that I have fully recovered and am healthier and stronger then I have been in over 20 years. My health was not my reason for my absence. I just needed some time away and appreciate your understanding. I will, however, be back right after the New Year.

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Showing posts with label Foreclosure Fraud. Show all posts
Showing posts with label Foreclosure Fraud. Show all posts

October 26, 2010

HAMP is a SCAM

34 COMMENTS
"This was a lie -- 100 percent lie," Stratton said. "We ran off the guidelines. We met every single qualification to get a HAMP mod."

 This sign says it all. (courtesy of HuffPost)



The flow of money from the people to the banks is ongoing.  This entire real estate crash was orchestrated to move money and assets from the American People to the banks.  Not only did the taxpayers our government give the banks and other private companies like GM and Chrysler money to aid and abet them in their journey to control us all through controlling our wealth, but the government participated and is still participating in this scam.



What has this country come to?  How have we, the people, allowed this to happen.  You will notice there is no major outcry, no major show of disgust.  Only a handful of people feel safe enough  - or are simply so fed up they don't care about their safety - to protest in public.  
We have had and still have unjust wars, wars that have taken thousands of American lives and hurt and disabled hundreds of thousands, yet no public outcry or show of disgust.  What has this country come to?


Many of us are old enough to remember the protests by the hundreds and hundreds of thousands against the war in Viet Nam - another unjust war - our government got us into under the guise of national security and for the sake of Democracy.  A Democracy we have not seen or enjoyed in this country for quite some time.
The mortgage crisis was made by design.  The foreclosure process is by design.  The Mortgage Modification programs such as HAMP also by design but designed to fool you into thinking those we elect to office really and truly care about us.  Folks, they don't.  For our politicians it is all about the money as well.  Their lifelong jobs and benefits.  Their princely lifestyles.  Their travel at our expense on lavish airplanes, staying at the priciest hotels under a shroud of security most Presidents of other countries would like to have.


We are witnessing the final stages of the creation of the "New World Order".  Remember, the New World Order President George H.W. Bush talked about.  The same one Meyer Rothschilld talked about creating when he said, "Let me control the money of a nation and I care not who makes its' laws".  Yes, a plan laid down in the late 1700's coming to full fruition today.  

To think all of this is just an economic bubble that occurred by itself, think again.  All bubbles are man made.  They are made by design with the sole purpose of amassing money by the billions.  Bubbles are made to control an economy and most of its wealth by a handful of people whose patriotism and care for their fellow citizen stops at the edge of their bank accounts - most of which are off shore.

Stop and think.  Banks all said they were broke or going broke.  They needed the infusion of trillions of dollars to stay afloat and if they did not get the money our entire world economy would crash.  WRONG!  They didn't need the money.  They didn't lose any money and they are still not losing any money.  No one has ever asked the question, "where did all the money go that they made during the bubble?".  They made loans, sold the loans to Wall Street who in turn sold those packaged loans to unwary investors the world over.  Where did all that money go that they made?  No one knows for sure but I believe they have it all off shore.  All The banks have major operations the world over and the money that goes there never gets reported here.



I still have that same question; "Where's The Money?". 

 Check out this story in the Huffington Post.com


WASHINGTON -- Judy Stratton said she and her husband Harry have tried since January 2009 to modify the mortgage on their home in Stayton, Ore. after a drop-off in demand for Harry's floor maintenance services. In August, Stratton said, they received a rejection letter from their bank saying they did not qualify for help per the Obama administration's Home Affordable Modification Program.


"This was a lie -- 100 percent lie," Stratton said. "We ran off the guidelines. We met every single qualification to get a HAMP mod."
 Read more...click here

October 12, 2010

Who Owns My Mortgage Note...Demand To KNow

24 COMMENTS
Click here to visit 
WheresTheNote.comThis email came to me from SEIU - Service Employees International Union - a union, who for the most part, supports "the people".  I say, "for the most part" because there are times when I do disagree with them but as far as unions go, this is one of the better ones.

It includes a link to a web site that allows you to easily modify a letter to your bank and allows you to email it with a simple click of a button.

It has a very comprehensive list of banks and a link to go to if your bank is not included.  In addition, it provides a toll free number for each bank.

There are two problems I find with this web site - www.wheresthenote.com.  The letter is addressed to "the bank" not the servicing company that actually is managing your account.  However, in many cases, your servicing company is owned by the bank addressed to.  You need to refer to your payment stubs or your payment book of coupons to see who you actually make your check payable to or if already in foreclsoure, who the named Plaintiff is.

The second problem I see here is in the body of the letter that you can and should modify.
The last paragraph of the letter reads:
To protect myself and my family, I need to know who owns my mortgage. Within thirty days, I would like to know the name, address, and phone number of the bank or investor that owns my mortgage. Furthermore, in light of the recent allegations of foreclosure fraud, I demand to see the original mortgage note proving ownership over my home loan. If you fail to produce a mortgage note proving that you have a right to collect my mortgage payments, I will be forced to consider all options available to me to ensure that my family and my home are protected.
The last, highlighted bold sentence is the one I don't agree with.  This is why and I will bold my comment.

You are asking "the bank" - not necessarily your servicing company - to give you the name and address of the "true" owner of your note.  If your "bank" is not the "true" owner then it will not have, should not have and cannot produce the original note.  Second, if you are writing to your servicing company (that often have the name of the bank as part of their name) they never own your note and therefore should not have the original note in their possession.

Having possession of the note DOES NOT, I repeat, DOES NOT give them the right to collect your payments nor take any foreclosure action against you. You will have little defense if you stop making your payments to them or take any legal action against them for not providing a copy of the original.

If you want to insure that whoever you are writing to has the right to collect your payments you should ask them for a copy of their servicing agreement with the "true" owner of your note or at the very least that "portion" of the agreement that indicates their servicing rights.  They will not disclosue to you their entire agreement which would include their fees, etc

Here now the email:
Larry,
Click here to visit 
WheresTheNote.comThe big banks' BS is starting to catch up to them.

Last week, JPMorgan Chase announced they were halting foreclosures in 23 states. Turns out, the bankers in charge of approving the foreclosure paperwork weren't even reading what they were signing. Now, one by one, foreclosures at America's biggest banks are grinding to a halt. It's gotten so bad, several states are taking the banks to court - calling for an immediate freeze on all foreclosures.

The banks created this mess, it's on them to clean it up. You have a right to know if your mortgage is affected. If you're a homeowner, will you send a letter to your bank and demand to see your original mortgage note? You can do it online in less than five minutes: http://www.wheresthenote.com

Wall Street has bought and sold our mortgages so many times, they've lost track of who owns what. And now they're getting caught red handed. In one state, two banks tried to foreclose on the same home. In another state, BofA tried to take a house away from a man who'd never even had a mortgage. The more we learn, the worse it gets.

It's time to pull the curtain all the way back. Demand to see YOUR mortgage note: http://www.wheresthenote.com

Banks are calling these "technical glitches." These are more than technical glitches. These are monumental screw-ups that are forcing families out of their homes. The banks raise our rates and change our terms - and if we make one mistake, we pay with our homes.

Now it's our turn to demand accountability from them. Visit http://www.wheresthenote.com and demand to see your mortgage note.

Thanks,
Stephen Lerner
SEIU.org

PS - Don't have a mortgage? Pass this on to someone who does. Every single homeowner needs to know if their bank still holds their mortgage note.

SERVICE EMPLOYEES INTERNATIONAL UNION
 Here now is my recommended version of this letter.  Pass this on to anyone and everyone you know.  The more email letters all the banks receive, the more they will begin to get the idea that we "do not trust" them and we will no longer allow them to operate with special exceptions to the law.  As I always have said and maintain, "THE LAW IS THE LAW FOR EVERYONE".
To whom it may concern:

I own the property at the address listed above, and your bank services my mortgage. 

Over the last several weeks there have been many stories documenting the problem that banks are foreclosing on homes without proof that they own the loan.  I have learned that in many cases, banks like yours do not even know who owns the loans you service.  Employees at several leading banks have admitted to rubber stamping tens of thousands of foreclosures every month, without even checking to make sure that the bank had a legal right to proceed with foreclosure.  In some cases, banks allegedly falsified mortgage documents to cover up their mistakes.  There have been reports of two banks trying to foreclose on the same home, banks foreclosing on homeowners who were current on their payments, and even of a bank foreclosing on a home where the homeowner had never taken out a mortgage to begin with.  This is not merely a "technical problem"--it is the difference between having a warm bed at night and being out on the street.

As a homeowner and a customer of your bank, I am horrified.  I had always believed that it I played by the rules, I would be protected, but now I know that banks like yours think the rules don't apply to them. 

To protect myself and my family, I need to know who owns my mortgage.  Within thirty days, I would like to know the name, address, and phone number of the bank or investor that owns my mortgage.  Furthermore, in light of the recent allegations of foreclosure fraud, I demand to see the original mortgage note proving ownership over my home loan.  I would like to see copies of all endorsements and assignments of my mortgage note and where and when the assingment(s) _if any - were recorded.  I also ask that you provide me with evidence of your firm being contractually retained to service my loan. (italics indicate added by LR)

If you fail to produce a mortgage note proving that you have a right to collect my mortgage payments, provide the information I am legally entitled to,  I will be forced to consider all options available to me to ensure that my family and my home are protected.
(italics indicate added by LR)

I ask that I receive my response in writing.

Thank you for your attention to this matter.
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October 8, 2010

Bank Fraud Edition: Fraud Fraud and More Fraud

3 COMMENTS
Half million dollar house in Salinas, Californ...Image via WikipediaBank of America announces it will halt all foreclosures and foreclosure sales beginning Saturday, October 9, 2010, in all 50 states  This is big.  (See story in The Huffington Post)

Just the other day they announced that they were halting their actions just in the 23 states where they must go to court in order to complete a foreclosure.  These states are referred to as judicial foreclosure states.  The other states, referred to as non judicial foreclosure states do not require that the lenders or banks go to court to foreclose.  They simply place a notice of sale on the door of the home indicating that the home will be sold at auction on a certain date.

What makes this new action by BofA so significant is that it lets everyone know that even in non judicial states the homeowner has a legal right to defend their foreclosure the same as if it were a judicial foreclosure state.  I say again, THIS IS BIG!

Read More...click here
Editor's Note:  This article first appeared in GoldmanSachs666.com
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October 6, 2010

Big Bank Fraud Exposed...Finally! As Published in GoldmanSachs666.com

0 COMMENTS
Ponzi is turning over in his grave!

To think that the scheme - named for him - of defrauding people has reached a level which can never and will never be reached again.

We have all been hearing and reading about the latest and greatest in foreclosure fraud committed by GMAC (Now Ally Bank), JP Morgan Chase and Bank of America who have voluntarily suspended foreclosure actions in 23 states which require the use of the court system to accomplish a foreclosure (these states are referred to as Judicial Foreclosure States.

A short summary of what  this is all about.


A law firm - ICE Legal - in Palm Beach County, Florida discovered in a deposition that an Affidavit attesting to personal knowledge of the mortgage account in foreclosure   was fraudulent.

The importance of this Affidavit is that it is a requirement by Florida Statute in order to request a Summary Judgment to foreclosure on a property.  It is apparently a requirement in in the other 22 Judicial Foreclosure States as well.

What the attorney from ICE Legal learned in the deposition (information given under oath) was that the person who signed the Affidavit attesting to having had personal knowledge of the account and case - in fact did not.  Even more disturbing in his deposition was the admission that  he and a team of others literally signed thousands of these Affidavits a month under the direction of the law firm representing GMAC.  This admission prompted GMAC to immediately halt all foreclosures in Florida and the other 22 Judicial Foreclosure states.

Within days JP Morgan and Bank of America also admitted to the same fraudulent activity and also suspended all foreclosure action in those 23 states.  Today, Wells Fargo also admitted to having done the same but has not as yet suspended forclosures.  They are simply looking into the situation.

Make no mistake here folks, this type of activity is pure and simple fraud and by submitting flatulent documents as evidence in a court of law it then becomes fraud on the court as well.

 The topic of fraudulent foreclosures by the banks has been my primary focus for the past 3 years when I first began writing about it as a Guest Writer in Flippingfrenzy.com, TheMortgageCornerFORUM and TheForeclosureDetonatorFORUM.

Few people believed me in the past when I said that the banks were committing fraud causing the mortgage meltdown which later turned into the worst financial crisis the world has ever seen - yes, worse then the Great Depression.  Few believed me when I said three years ago that the banks are committing fraud and foreclosing illegally in many if not most foreclosures.  Few believed me when I said that the banks were committing fraud on the courts providing forged, created or misrepresented documents.  And few believed me when I said that the parties acting as Plaintiffs in many of our foreclosures do not have the legal right to do so (this is called Standing) as they do not own the mortgage notes they are foreclosing on.

Of course, over the past three years many of my stories have been substantiated by people like Federal Judge Boyco of Ohio who dismissed 17 foreclosure cases against one bank in one day saying that they lacked Standing - they could not prove ownership of the notes therefore they could not foreclose.  Another such person was New York Superior Court Judge Arthur Shack who also denied banks their foreclosures for the same reason of not having Standing.

Other judges in Ohio, New York, Florida and a few other states have as well ruled the same way.  In addition, some of these judges found evidence of falsified documents and even sanctioned the law firm for attempting to commit fraud on the court.

What is important here is that this case of Affidavit fraud will open the door to all the other frauds committed by our banks - expecially our Too Big To Fail banks like Goldman Sachs.  Goldman is very much involved in much of the early frauds having to do with securitizations I  have written about here in the past.  .They also own mortgage lending companies that have been and probably still are involved in the most recent evidence of fraud.

Many of the frauds committed by GS and their Wall Street cronies have been written about, talked about and exposed yet little if anything has ever been done.  You all know I have been calling for justice on this issue.  So far they all have not only been deemed Too Big To Fail (GMAC was included in that if you remember and we own most of that company today) but have seemingly been granted some type of immunity against any prosecution for obvious illegal and fraudulent activities.  They seem to have been above the law as well.

Well, this may all finally be coming to an end and justice may yet be served even though I believe it will still be a slow painful process.

To explain all of this further, here is the article I posted yesterday on my sister site - TheForeclsoureDetonator.

Bank Fraud FINALLY In the Limelight

I have not been the first to report on this as I have been busy reading all of the other reports on this topic.  Pandora's Box has finally been opened.

This "robo- signer" fraud is only the tip of the iceberg that ICE Legal (no pun intended) in Royal Palm Beach, Florida (Palm Beach County) discovered during "discovery".  His deposition caused GMAC (ALLY Bank) to halt foreclosures in 23 states.  This action was then followed by JP Morgan Chase and as of this past

Friday, Bank of America.  I am sure we will see many other of our major banks follow suit as this practice of submitting fraudulent documents to the courts is wide-spread.

While this news is finally showing how banks are committing fraud in our courts by submitting fraudulent Affidavits attesting to personal knowledge of each foreclosure case and mortgage account, I believe, is only the beginning.

Back Door To Fraud

The banks and their attorneys - commonly called foreclosure mills - have been committing fraud on the court since the beginning of the once called "mortgage meltdown" and the current foreclosure crisis.  The fraud was committed when many loans were originated.

Mortgage brokers - who were accused by the big box banks of creating all of these "bad loans" - submitted deals to the banks.  It was the job of these banks/lenders to "underwrite" these loans then decide if they would approve them or not.  In many cases they approved loans knowing that there were fraudulent documents in the file or knowing that the ability to repay did not exist.  In other words, the banks
approved and funded loans they knew were foreclosures in the making.  They blamed the brokers when it was their job to make the decision to approve and fund or to deny.

FYI, Fannie and Freddie very much did the same.  You see, they created a computer underwriting engine that would automatically underwrite a loan input by any loan originator including the mortgage brokers.  They (F & F) frequently tweaked the system so that it would approve more loans. They sent teams of people out into the field to teach originators how to use their automated underwriting (AU) systems, called Desktop Underwriter (DU) for Fannie Mae and Loan Prospector (LP) for Freddie Mac's version.  In these "field" workshops they taught us how to manipulate the system to get approvals.  They taught us to keep changing the information such as income and assets until the system gave us an approval often not requiring any verification.  Once the system gave us the desired approval we were then told to hit the submit button which would give the official approval.
Read the Complete Article...click here


it is time that the people of this country get the justice they so deserve.  We can not allow our justice system to be hijacked by the banksters their politician buddies many of whom are their former employees.

Goldman Sachs was given a mere pittance of a fine for just one small illegal activity yet the bigger crimes still go unnoticed and unpunished.  I truly believe this is a new beginning for the people and perhaps even a new beginning for this blog.  These banksters must learn that they cannot rule us, take from us our Constitutional right of Due Process and trample over us at will for their own personal profit and gain.

For the first time in three years I feel somewhat encouraged.
As I have always said:
"The law is the law for everyone"
and as relates to the massive illegal foreclsures,
"Two wrongs don't make a right". 
You cannot lie and commit fraud in an attempt to correct a problem you created in the first place.
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