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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Americans are now acutely aware of the undeniable fact that the banks and institutions control us all.  Increasingly, Americans understand that our courts and law enforcement are largely powerless to protect us from the onslaught from the banks…get in their way and they’ll just roll right over you.   For a particularly disturbing example, learn how they are ignoring the rights of soldiers who find themselves in foreclosure.

But some people still are not convinced that this is happening…well, read the following letter and tell me what you think…

chase

And just in case you think they law may provide some legal basis for them to do this…read the case law….

JACOBINI – Cases and Statutes

The Jack Booted Thugs Coming to Break Into a Home Near You!

March 16th, 2011 · Foreclosure http://www.mattweidnerlaw.blog/com

 
Last week, I was a speaker at the National Bankruptcy Institute.  During my presentation, I was describing how the banks were literally driving around this country, breaking into homes and doing whatever they damn well pleased….with no consequence and no penalties whatsoever.  A woman in the front row became angrily indignant.  She directly challenged me and all but called me a liar….in front of an audience of about a hundred attorneys.
I didn’t lay into her as directly as I could have, but she certainly got 100% of my attention.  I was more than happy to rattle off to the crowd all the very specific cases that I am directly involved in. And then other members of the audience jumped in and started sharing their experiences…..she was literally shouted down.  Needless to say this woman was put in her place.
And just this morning, I received the following email.  I want everyone to read it carefully.  Think about the larger picture and the bigger policy implications…..
I received a letter from Chase Home Finance threatening to break into my home, change the locks for “our protection and your own”.
According to Chase, my home is vacant and unoccupied, though apparently the lights being on, the car in the driveway, and my wife was weeding our property at the time they drove by or their agent drove by didn’t convince them of this fact.
On several occasions, Chase has sent people who refused to identify themselves by name, to enter the home, or have walked around the property freely photographing the front and back of the property even though they were told to leave as they were trespassing. In one instance, one of their workers tried to pop the Medico lock up front, and I had to warn the guy I would shoot through the door if he did not leave the property at once.
Like your client, the Sheriff’s Office refused to respond to the call until I told them I would shoot the intruder, no matter who it is. Citing the “Stand Your Ground Law”. That got them out.
I suspect that the reasons for Chase’s actions are simple. My home was once worth $310,000 and it has now been assessed by the property appraiser at somewhere between $97,000 and $127,000.
Though I have paid well over $100,000 on the purchase price, this does not affect Chase’s insecurity complex. At least 1/2 of the homes in the neighborhood have suffered a foreclosure, and today low class tenants occupy the “hood”. What was once a wonderful neighborhood full of cops, firefighters and paramedics, ATF, and DEA agents is now a jungle.
So I suppose I should begin by saying I never asked Chase to finance my purchase. That was World Savings Bank. My original commitment letter stated 4.84 percent APR, but they strung me out, or should I say the mortgage broker did, and on the date of closing, the last day to close, with a sizable deposit, Chase appeared with a “take it or leave it” 5.99 percent APR loan. World Savings Bank was nowhere in sight.
In other words, I was forced to accept Chase as my lender at closing. When I contacted World Savings Bank and complained, they claimed that they had no idea that Chase got the loan, and blamed the mortgage broker who, apparently, sold my loan for a higher origination fee or simply got bribed to switch me into a more expensive loan.
Immediately after closing, Chase threatened a foreclosure because according to them I would not insure the entire amount of the loan, rather than replacement value of the building.
They wanted the building and land insured. I tried to explain to them that you can’t just insure for the entire loan amount, as its illegal to do that and insurers were not going to do that.
This cat and mouse game, including extremely expensive $14k a year insurance premiums continued through 2009 and part of 2010. Of course now they are claiming the same.
Last Saturday I received a letter, again from Chase threatening to break in, change locks and “winterize” my property to protect it.
I find it ironic since its not Winter, and more specifically why change existing locks if the property is occupied and adequately protected?
I fear that there are two laws. One for the common man and one for the too-big-to-fail banks. Somehow I feel the situation is inequitable
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Wamu/Homeside and Ameriquest were both involved in winterizing.

I went to Central Il to help save the home of woman who alledged Homeside hired ex-cons to break in and winterize her son's home while he was on active duty in Iraq.

Another long time poster lady Di at MSF observed thugs winterizing a home for Ameriquest called the police and they were arrrested.
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LB

I just wanted to give a quick update on our 2 foreclosure cases.

 OUR HOME: 

                Florida Default Law Group filed a motion to Abate or Admin Close our file – (reason #3 is so that the plaintiff can ‘review’/correct any previously filed affidavits). We went to court as a continuance of our 2009 motion to dismiss hearing. Luckily the Judge adamantly stated that he does NOT abate or admin close files. The hearing proceeds. My lawyer, again, brings up the Denial order that was signed by a county judge (way far away from us) to assist FDLG to speed up to a summary judgment hearing. Well, the Judge decides to Dismiss without prejudice. A win, but not what should have been won!!! The following week my lawyer calls me to inform me that I need to get the hearing transcripts ASAP.  The reason – local counsel for FDLG has emailed my lawyer to inform him that they were NOT and NEVER have been counsel for the plaintiff or for FDLG, but they would be kind enough to forward to order to FDLG!! (wow, thanks). My lawyer sent the 2 emails from local counsel, a copy of the transcript where they admitted they WERE counsel, and a letter to the judge. Just got the order back from the clerk’s office.  Signed as Dismissed Without Prejudice.  So obviously, it is ok to lie to the judge and on record and still ‘win’ their case. Now the waiting begins again. Not to mention that my loan is NOT in the PSA that is suing me, but we pretty much all know that about anyone in foreclosure.

OUR TRIPLEX:

                We just went to court, again, for a hearing. It was continued for a few more months. I think we are waiting on plaintiff to answer motion to compel and some other things. However, EMC Mortgage then JPMorgan Chase is now Chase Home Finance. Therefore, plaintiff counsel makes sure that judge understands that due to the fact that ‘a new servicer’ has entered the picture, by law – the courts must give the new servicer 45 days to answer the interrogatories and discovery questions. Judge agrees. (Nice stall tactic on EMC-JPMorgan- or whoever they claim to be this week).

                We decided that we would go ahead and get the triplex ready for rentals, after all, lawyers are not cheap. I worked 2 days getting the application and the lease together, put it on Craigslist and had 4 calls within 45 minutes. I decided to go on over to the triplex (more than an hour away) and show it to the prospective tenants. When I got there, I noticed one unit had a new lock and the deadbolt had been taken out and a plastic white piece was now in the hole where the deadbolt previously was. Along with a realtor’s black keybox hanging on the new door knob. And a red sticker on the door stating that the property had been winterized in the plumbing and the electric. Also, another unit had an open back door, but was stopped by a rod from opening all the way. I didn’t think much about it as I passed it off as being from the realtor that tried to short sale it. So I came home and called him later that evening. He said he was sure it wasn’t his. Then it dawned on me………………THEY (banks) had an independent company come in and do this to our property. It was done in 2010. The more I thought about it the more ticked I got. I called my lawyer and talked with him. He said, go over and change the locks back to where you can get in – they have NO right to keep you from it, after all, we ARE still in court and no decision has been made. I asked if I should file a police report and he said, sure, but they won’t do anything about it. That’s fine I thought, at least it will be on record.

                 I told him everything that had happened, I was trying to get the units rented out, saw the changed lock, called my lawyer and was advised to file a report and inform the sheriff office of our intent to take our property back.

THIS IS WHERE IT GETS GOOD (YOU MIGHT WANT TO SIT DOWN READING THIS – YOU WILL BE MAD).

 I will paraphrase here. The deputy looked at me and asked why it was in foreclosure. Told him that was not the issue. The issue is that I was being honest to inform them that the banks have probably hired a subcontractor to ENTER our property without our permission, BE IN OUR PROPERTY without our permission, and CHANGED the locks of our property without our permission, the winterized it and put a black key-box on the door handle.

He says, (in a nut shell), “Well, if you had paid your mortgage you wouldn’t be in foreclosure!!”  He then asked how long it has been in foreclosure and I told him 3 years this coming July. His eyes got big and he said, “I can’t see a foreclosure being in the courts for 3 years and the bank not taking possession of the property.” I told him that we had just gone to court on May 5 and it was again continued for a few more months. He said that was unbelievable. (he was being a jerk actually). So he asked me if I had proof of ownership. I said sure, got in the back seat of the car, grabbed my huge bucket of documents, sat it on the ground, and said, “what would you like to see---the closing papers, the mortgage, the note, court pleadings, lawyer bills????” Well, he never did really answer me on that one. He looked at my husband and in a smart ass tone asked him, “Just who are you to her?” We both replied, we’re married to each other and the owners of the property.

 I went on to ask him if I could file a report for the record and he said, “well, no, this is civil, not criminal.” I again asked him, “It’s NOT criminal that these people went on my property, IN my property, altered the locks, winterized it, and God only knows what else they did – and THAT is not criminal??” He said, “no, not unless they damaged something.” I said, “they did – the door lock”. He says, “well, it sounds like they have the right to do that.”

 I responded rather quickly, “They trespassed (criminal), they entered our property (unlawful entry and possibly Break & Enter), they also altered our locks (couldn’t think of a charge on that one).” He said that is civil.  Then he finished with this, “Just to inform you ma’am, if you damage THEIR lock while taking it out of the door, then that is a criminal charge on you.”

 I just shook my head and got in the car and left. We changed the locks and I videotaped the locksmith undoing the locks so that I can prove that I did not damage their precious new lock. Also, I have videotaped and taken still pictures of the inside of the unit with all the water faucets, toilets, and tub taped shut with their notification of the winterizing that took place. Yeah, tell me again they were NOT in my property??? Hm, must have been the foreclosure gremlin that snuck in.

 OMG – really?

 The locks did get changed and I have THEIR lock, but will keep it until my renters get settled and then will fax them to let them know what date and time they can meet me to get their lock and keybox back.

 

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George Burns
Ann

I have to disagee. Americans DO NOT know what is happening.

Most people are not aware of the fraud issues related to foreclosures which is why it is reported that 92%-98% of foreclosue cases are not contested. Most people have no idea that they can fight.

Most people do not watch CNN, MSNBC, Fox or 60 minutes. The total viewer ship of all of those Combined is still a small minority.

Most newspapers do not carry many stories on foreclosure. Plus most people do not read a newspaper very often.

As a result, as a percentage of the total population, most people know nothing about anything except fads.

Police Officers are no different. They only know what they have been told and only do what they are told. They are simply regular people in a uniform. The uniform does not give them any special knowledge or intelligence.

The only way that I can see, that would help stop this thuggery is for lawsuits to be filed against the reluctant Police Dept (including the officer) and the Municipality. Direliction of duty comes to mind. The resulting publicity should help raise their knowledge of the issue.

It probably would help if lawsuits were filed against the Agents, possibly for Trespass, interfering with right to contract, restriction on trade (rental properties), other property rights (free enjoinment). I am surprised that Weidner and other lawyers who have been personally affected, have not taken such action.
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