Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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92 Pound Housewife Fires Attorney and Wins in Foreclosure Case Pro Se!

Friday, May, 16, 2008

We are fortunate to have this homeowner housewife on a conference call to tell her story about how she got fed up paying an attorney $35,000.00 (who did nothing and she fired him) for foreclosure defense. She was so determined on winning her case she taught herself the law and court rules so well that she had Judges recues themselves because of conspiracy, remanded a removal to federal court, defeated BK dismissal and now is going to jury trial.   

 

This conference call will be on Wednesday, May 21, 2008, 9PM EST

Conference Call Phone Number:  712-432-1699    PIN 657166#

 

Free Conference Call can handle 96 callers and we will record the call.

 

You can listen to the call for 120 days after the call by dialing the playback number 712-432-1286 / PIN 657166# 

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Spam notice

Delashmutt's been peddling his services for a long time.

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i ,  have been fighting  The Money Store/ Fairbanks Capital/ HomeQ Servicing/  since January 2000.  
 
I  had to have hip replacement and filed a chapter 7 to reduce my debts. 
 
 I was only working part time as an auditor and was Home Bound, learning To be self sufficient.  And receiving Disability.
 
 I reaffirmed my home loan.(1999) 
 
    According to the National Consumer Law Center. "Surviving Debt" Book, I Had special Rights created since I had a non purchase money loan. The home Improvement Contractor had to be Sued for shoddy workmanship, and The Money Store paid them off any way,
 
(more special rights Created according the NCLC, for a "non-purchase money loan" 
 
I went to legal aid and was paid partially the money I spent on the Getting The roof repaired. 
 
  I contacted  (NCLC) for their help and They don't help consumers directly, only attorney and "advocates". 
That would be you.
 
 The second time I filed bankruptcy to save my home, it was because Fairbanks Capital had  Tried to enforce my arrearage fees And  that was  created by The Money Store, dragging their feet .  
 
The Bankruptcy judge told Fairbanks , they had gotten a "pig in A Poke", because  they 
Knew I was in default and fighting it, and  their assignment
 
Was a "pig In a Poke". And they Were not "holder in due course". 
 
          An assignee only attains  holder-in-due-ourse Status   
                     Thus avoids defenses the consumer raises (1) if It Assigned A negotiable instrument and meets the 
Holder-in-due-course   Requirements of Article 3 of the UCC. 
 
    Legal aid, while not willing to represent me, because I was in a Chapter 13. Told me, that if Fairbanks was not "holder -in-due-course"..........no one was. Despite Homeq Servicing notifying Me, over 20 days later, that they were the new servicers of my loan. 
 
I raised this legal issue in my adversarial complaint to no avail.
 
    I contacted NACA the same year. Homeq servicing was unresponsive. In Fact, they were Unresponsive to any and every agency that contacted them on My Behalf. 
 
    Then the Housing Information Office contacted them and United Services(2004).  I was Allowed To enter into an loan Modification agreement in the spring of 2003, 
(587.000 they accepted the money given them To bring  me current and to start my payments of $329. Or so. 
 
    I sent them a deposit slip. And a check for the first "new payment" Arrangement.  They sent It back to me. Despite accepting the monies From the agencies. Saying That I   Was in  Bankruptcy and they could not accept it. I was not , it had been Discharged.  They kept the Agency's money. And claimed there "was no loan modification signed and Received". 
 
    In September 2003, a loss mitigation agent contacted me and said Well  When do you Want your new payment schedule to start? 
 
 I said, December, because I Was Told, fees had To be paid again.  And I knew I had to get them from somewhere. 
 
  In October and November I was contacted and a gentleman asked me how much did I want to sell my Home For? 
 
    I told him it was not for sale. He then advised me, that it was Being Advertised to be
 
Auctioned on Jan. 9, 2004.  I , pro-se filed a Chapter 13. To stop the Sale.  Every time Homeq has been unreasonable and uncooperative,
 
I filed bankruptcy. I Had no Choice. Or lose my home. 
 
I have been diligent  in timelines and filings.  I filed an adversary Complaint while paying to the trustee each month.  I contacted 29 attorney's.
 
  I even filed a Motion with the judge because I was indigent, an attorney could be appointed by him. This Too was ignored and rejected. 
 
    You have no 'Power". Please--help me. The attorney's who would not or Could Not help Me, said, Missouri does not have any "anti-predatory lending laws".
 
They Imparted some Legal gems and sent me with "god speed".
 
They definitely if they had any Opinion at all said, 
 
TRUTH IN LENDING VIOLATIONS, have occurred in my case. (accepting late Pymts In the past)  
 
    Legal aid was allocated monies to help fight predatory lending here In Missouri. (2003)  
 
First they told me, I was in a chapter 13. They could not help me.
 
 They only Help and  Do chapter 7.  
 
Two years later, I contacted them and They told me, I was in The wrong  Zip code.
 
They only helped people in certain Zip Codes.   Then when I
 
Contacted them This year. 2008.  I was told, There were not enough attorney's to help everyone  and Not enough funds. 
 
    However, I  was entitled to homestead exemption. Of $15,000.00.   My loan is only $34, 085. But with all  the excess and bogus fees, they have added, it Tops $73,000  
 
And this took away the exemption. Which would have made me only owe $15,000  Or so on the loan. 
 
 I , fought this case through the Bankruptcy Appellant Court, to The U.S. APPEALS  COURT.  
 
 According to them no laws have been broken  
 
              (all constituent services contact numbers)
 
    And yes, I contacted my State Senators (Clair McCaskill,
(816-421-16390) 
 
Emmanual Cleaver(816-842-4545),  Yvonne Wilson ((573-751-9758) 
 
  State Representatives--Yvonne Wilson, and Govenor Matt Blunt (573-751-3222)
 
Govenor Chris Bond (573-634-24850) and
HUD in 2003, and the Federal Trade Commission. In (2003).
 
Laws have changed since then.
 
The Govenor said it was not a Federal Issue.
My state rep and senators, said, They are fighting and have introduced bills. 
 
Please help me. What am I doing wrong?
Who can stop me from being evicted.
 
I , am aware through my research , that  I  have a better leg to fight if I am still in The house, than if I am evicted or have non possession. I also contacted HOPE NOW. They said, they could not help me.  
 
  I have been fighting Eight years. Spent countless dollars filing motions and getting the transcripts, getting sicker by the day. 
 
I am handicapped and disabled from COPD -ASTHMA, and TYPE II DIABETES.
 
    Awaiting your response 
Virginia Dale
 
 
7932 Park Ave 
Kansas City, Mo. 64132-2319 
816-822-1903

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Virginia,
 
I'm over in STL. I've been fighting HOMEQ since around Jan 2006. I fell behind about 3 pymts on a 2nd mortgage. Tried to reinstate up until like April-May of 06. Could never get good figures from them.
 
In May 06 they tried to foreclose. I found out before they could foreclose that they in fact have no clue who their collecting for. Anyone of the banks I was told that could has taken no ownership of our note. In Oct 06 we ended up filing a chp 13 thinking our atty would help us bring their fraud to light. We did prove they don't know who owns our debt. My atty did send a letter to the bankruptcy trustee who did nothing about filing false proof of claim against us. The assignment they have is blank.
 
Needless to say our atty didn't follow thru with adversary and complaint. I think actually the trustee should of initiated such a case but has shown no interest. In Jan 08 our bankruptcy was dismissed. As my hubby lost somewhat of a decent paying job in Dec 06 after we filed bankruptcy. So we had one of the roughest years of our lives last year. Needless to say they were only concerned about the money. While I understand the money aspect what about the right to know that who your paying actually owns your debt? Cause if they can't prove ownership they shouldn't be paid. As you have no guarantee that someone else won't end up trying to collect again from you.

My own atty that I hired should of never taken our case as he admitted he wasn't sure to how to handle but thought he could of figured it out. My own atty and another wants me to believe there's no fraud in my loan documents. There is. I'm not stupid nor will I have anyone play me or pay me to be stupid.
 
Last week we filed another chp 13. I'll have to act prose because any good atty here in STL claims they won't take on anymore cases.
 
There are two different NACA. The one owned by Bruce Marks in MA and the other is National Assoc Consumer Advocacy. They've been useless as well in my case. So I have the documentation she sent me as well for my complaint. She agreed that just anyone shouldn't be paid. That your lucky if 3 out of 10,000 know what their doing in bankruptcy court.  It's like a conspiracy to really help people. IT'S A TOTAL DISGRACE.

So now not only have I filed another chp 13 I'm also going to file in state or fed court a complaint I've organized. As one is suppose to have the same rights inside bankruptcy as they are outside bankruptcy.
 
There are some cases similar to ours. The most relevant case here in MO is Rhonda Lewallen. Actually done by the atty who told me about the atty issue here in MO...Then one in MA under the name of Sima Schwartz.
 
Seriously it doesn't matter how long I had loans. If you look thru here on some of my postings u can get the full story of my case. As I believe I did an outline of it somewhere. Sounds like you've done alot already. I dont know how to direct you as I'm not an atty. But HOMEQ, WACHOVIA, WELLS FARGO, THE MONEY STOREM, 1ST UNION BANK, CHASE, CITI, WACHOVIA ARE ALL BOTTOM FEEDERS THAT'LL DO ANYTHING to lie!!!
 
Also think I should mention that Fidelity Residential Solutions will be on the list as someone to sue as well. They were the one's Homeq initially sent out 4/clsre to and tried to claim innocence about not knowing who owns our debt. Then low and behold in the banko proceedings they're the ones who did all paperwork for lift of stay and such...So their not so innocent I'd say. As they already knew they didn't know who they were doing anything for!
 
So since everyone wants to play ball I'm ready. I've got evidence beyond being behind that ought to blow the bankruptcy judge out of the water. If not him and all these companies corporate officers ought to be sitting in the worst prison in mexico somewhere. No FEDERAL pen for them. Let them know what it feels like to be betrayed...
 
Honestly its not about the money anymore. To me never has...Its the difference in RIGHTand WRONG. It's kinda funny and sad...Sad for what they do to people...Funny for the 3 kinds of HELL I'm prepared to give.

 

Seriously I'm unemployed because of the last job I had lied about the right to sell mortgage notes. And while I know alot about the real estate industry I won't do some of the things these bottom feeding real estate investors do!
 
I've even tried taking them people that could do business in their capital markets for mortgage notes and their so GREEDY DEALS DON'T GET DONE!
 
The banks are in their own reckoning right now. And it's not done.
 
I even have clients that have the capability to do a $50b currency transaction. Think a bank could do business? Not! So tell me just where does one win in todays society?
 
The banking business was the business I Loved until I found out how bad they really are. So I'm definitely interested in what judge will have to say. Scared? A little. Never thought I'd have to face a chief bankruptcy judge. But so be it!
 
I can show they would of been paid off if they knew how to do proper business!
 
Best of Luck,
 
Kathy
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BISHOP
Did anyone listen to this Conference Call ???????

If they listened, did the 92 pound housewife indicate the Federal Statute that she used to have her case removed from the State Court to the Federal Court??
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