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I decided to start a new thread regarding what appears to be the beginning of a waterfall of cases in Federal Courts (District and Bankruptcy) where the homeowner is winning restraining orders, preliminary injunctions and motions to stay.

Nearly all of these foreclosure involve claims against MERS wherein the homeowner has successfully challenged standing.

There is a visible trend.  When the cases get to the Temporary or Preliminary Injunction Hearing, either the Court is ruling FOR the homeowners or the banks are rolling over and stipulating to the Injunction to avoid a hearing on standing.  Of course they get to face that issue sooner or later anyway.

I know that "Knows about ..." and others have posted cases elsewhere on this forum.  I would hope the Moderator pins this thread and we add to it as cases continue to accrue.

Here is a new case out of Reno District Court from May 5, 2009:

Lopez et. al v. Executive Trustee Services et. al.
3:09-CV-180-ECR-VPC

On May 5 2009 at 4:20 pm the Court granted five (5) Temporary Restraining Orders prohibiting the Defendants (MERS etc) from pursuing trustee sales pending a Hearing for Preliminary Injunction to be held May 19, 2009 at 10:00 am.  A sixth homeowner did not get (or need) a TRO because the Court found that this 6th Plaintiff had in fact not been served with a Trustee Sale notice properly.  In addition two homeowner/plaintiffs received stipulations from GMAC and Executive Trustee Services not to pursue foreclosure during the pendency of the case.  Effectively each of the eight homeowners received what they needed to stop a foreclosure dead in its tracks.

What is IMPORTANT about this particular Order was that when setting the May 19th, 2009 Hearing the Judge limited the hearing to TWO issues only.  Those bombshell issues are:

1.  ..whether the appropriate parties are seeking to foreclose on the various properties and whether those parties gave the appropriate notice; and,
2.  .. whether the originating lenders unscrupulously targeted people who could not pay the offered loans just to obtain the origination fee.."

In a another foreclosure case out of the Tucson Federal District Court issued last week, Wells Fargo stipulated to a Preliminary Injunction to avoid a hearing.  I don't yet have the case number but will post it as soon as I do.

ALL of the above cases involved MERS.

These actions were filed by the law firm I mentioned in a post about a class action firm looking for clients.

I have been pretty outspoken in the past about the legal community not helping foreclosure victims.  I believe that is changing, slowly, but it is changing.

I am tracking Cervantes v. Countrywide/MERS (Phoenix District Court) daily on Pacer.  In less than a month the case has gone through five Judge assignments and has noticies of appearance for not less than nine lawyers reepresenting the long list of mortgage Defendants, most notably MERS.

If anyone wants a copy of whatever I may have on a particular case reply via private mail and give the case name or number in the subject.

Regards




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As a point of clarification in Lopez, ALL of the foreclosures involve MERS Deeds of Trust.  None of the homeowners has been foreclosed on or forced out of their home.

I understand that one of the law firms involved in these cases will soon be filing a motion for an emergency injunction to stop all foreclosures in non-judicial states on MERS Deeds of Trust.

As soon as I see a copy of the Motion I'll get the details here.


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The Equitable One
That is good news Ken.

Still, it seems like all the "good news" involves other parties MERS, etc.) and is happening in jurisdictions other than mine. I guess I'm breaking new ground, and writing new law, for the players in my case and in my jurisdiction.
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The Equitable One
Ken (et. al.),

Here is a link to a list of resources apparently gathered by Katherine Porter.

http://www.mortgagestudy.org/files/mortgage_resources.pdf

So that it doesn't get buried here I'm also going to start a thread using her name, which is fairly well known in the world of foreclosure and foreclosure defense.
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Well, the hits just keep on coming.  I have not kept up on this thred due to the sheer volume of Homeowners who are winning Restraining Orders.  It appears the trend in Federal Court is either the Court grants the TRO, or, faced with the facts, the lenders, etc. are stipulating to the TRO (or cancelling outright the foreclosures).  As pointed out on MSFRAUD and other blogs, when push comes to shove the Pretender Lenders do not want to get into a real Court.

Goodwin v. Executive Trustee Services et al (all the usual big names), District Court of Nevada (Reno).

39 homeowner plaintiffs.

7-1-2009 Federal Judge issues TRO stopping all foreclosure activity.  What is interesting is HOW the Judge limited the follow-on TRO hearing scope.  Here is a cut and paste from the TRO.

IT IS FURTHER ORDERED that a hearing on the plaintiffs’ motion for preliminary injunction (#59) is set for Thursday, July 16, 2009, at 10:00 a.m. The hearing will be limited to the following issues:

(1) whether the appropriate parties are seeking to foreclose on the various properties and whether those parties gave the necessary notice; and (2) whether the originating lenders unscrupulously targeted people who could not repay the offer.

 

It gets BETTER.  This case on Pacer also lists a very disturbing notice to the court.  The title of the document is NOTICE OF ALLEGED FRAUDULENT TEMPORARY RESTRAINING ORDER.

 

You have to read this notice to believe it.  It looks like the Plaintiffs Attorney was ON THE BALL and stopped this alledged fraud dead in its tracks.  Good work.  I am watching the case on Pacer to see what action the Court eventually takes.  So far the docket doesn't mention a referral to the US Marshal, FBI, DOJ, for investigation, etc.

 

PM me and I'll send you both the TRO and NOTICE via email.  It is too long to post here.

 

Ken

 

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Knows About Deeds of Trst

Excellent Finds, Ken!  Keep up the GREAT WORK!

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Stoffels v GRP Financial Services Corp. (District Court of Nevada)

These are hard to cut and paste so you may have to dig through some of the formatting issues to get to the heart of yet ANOTHER TRO issued for the protection of a homeowner in Federal Court (Nevada). I will highlight the juicy details in RED.

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

RENO, NEVADA

FRANK STOFFELS, et al.,

Plaintiffs, 03:08-CV-468-ECR-RAM

vs. MINUTES OF COURT

GRP FINANCIAL SERVICES, CORP., Date: January 9, 2009

et al.,

Defendants.

/

PRESENT: EDWARD C. REED, JR., SENIOR U.S. District Judge

Courtroom Deputy: Colleen Larsen; Court Reporter: Kathy French

Counsel for Plaintiff: Robert Hager; Treva Hearne

Counsel for Defendant: Cuong Nguyen

MINUTES OF HEARING DECISION ON Motion for TRO and Preliminary Injunction

(#11):

At 2:10 P. M. Court convenes.

The Court makes its findings in respect to the pending motion for preliminary injunction (#11).

IT IS HEREBY ORDERED that the motion for preliminary injunction, is GRANTED, pending the further order of this Court; no security need be posted under FRCvP 65(c).

The Court will issue a written preliminary injunction in accordance with the orders entered herein.

At 2:25 P. M. Court adjourns.

LANCE S. WILSON, CLERK

By /s/

Deputy

 

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Lopez v. Executive Trustee Services (District Court of Nevada)

The homeowners requested a TRO and were initially denied.  Upon reconsideration the Court issued the TRO so I am only posting the verbiage from the Amended TRO.

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

RENO, NEVADA

JOSEFA S. LOPEZ, a single woman, ) 3:09-CV-180-ECR-VPC

individually and on behalf of a )

class of similarly situated )

individuals, )

)

Plaintiff, )

)

vs. ) Order

)

EXECUTIVE TRUSTEE SERVICES, LLC.; )

GMAC FINANCIAL SERVICES, )

)

Defendants. )

)

)

On April 9, 2009, we issued our Minute Order (#5) denying without prejudice Plaintiff’s Motion for Temporary Restraining Order and Preliminary Injunction (#3). Plaintiff has now renewed (#7) her motion, seeking to restrain Defendants Executive Trustee Services, LLC, GMAC Mortgage, LLC, and MERS from foreclosing on Plaintiff’s house. The foreclosure sale is currently scheduled for April 15, 2009.

IT IS HEREBY ORDRED that the motion (## 3, 7), to the extent it seeks a temporary restraining order, is GRANTED. The plaintiff shall post security in the amount of $500 pursuant to Fed. R. Civ. P. 65(c).

IT IS FURTHER ORDERED that Defendants Executive Trustee Services, LLC, GMAC Mortgage, LLC, and Mortgage Electronic Registration Systems, and any and all other persons or entities in active concert with them, are hereby temporarily restrained from pursuing any foreclosure action, taking possession of, or in any other manner interfering with the peaceful enjoyment and possession by Plaintiff of her property located at 7423 Baroque Court, Sun Valley, Nevada.

This order is being issued without notice to Defendants because of the shortness of time, which does not allow for the adverse parties to be heard in opposition. The purpose of the temporary restraining order is to preserve the status quo and prevent irreparable harm before a preliminary injunction hearing may be held.

It appears from Plaintiff’s motion (#3) and the documents attached thereto, as well as the renewal (#7), that Defendants seek immediately to foreclose on Plaintiff’s property. Plaintiff likely would suffer irreparable injury if the foreclosure were to proceed.

This temporary restraining order shall remain in full force and effect until April 27, 2009 at 5:00 p.m.

IT IS FURTHER ORDERED that a hearing on Plaintiff’s motion (## 3, 7) for a preliminary injunction is set for April 27, 2009, at 1:30 p.m.

DATED: April 13, 2009 at 10:02 a.m.

____________________________

UNITED STATES DISTRICT JUDGE

Case 3:09-cv-00180-ECR-VPC Document 8 Filed 04/13/2009 Page 2 of 2

 

____________________________________________

 

As an aside, note that at on 7-1-2009 Plaintiffs Incorporated In Re Wells (Ohio BK -discussed elsewhere on the Forum - check the Legal Lounge) as supplemental authority for their Injunction Motion.

 

 

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Mausert et al v Countrywide el al (District Court of Nevada)

I know what you are thinking, why so much in Nevada.  I started looking there and one case leads to another and keeps growing.  I don't live in Nevada but my hat is off to the Plaintiffs and their Lawyers who are working these cases.

Another predatory lending case.  The case was filed in State Court (NV) and removed to Federal Court.  There is no TRO I can find.  The status is just a lot of stipulations going back and forth about when each party is going to answer.

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The PRESSURE is really on now.

In re: Goodwin v. Executive Trustee Services et al (Nevada Federal District Court) Plaintiff's attorney, on 7-11-2009, filed a 71 page Motion for TRO to STOP all Bank REO sales involving MERS in Arizona, California and Nevada.

This is some serious stuff.  In addition to prior documents in this case requesting class certifications and already issued Restraining Orders stopping local foreclosures, the stakes have been raised.

As usual, if anyone wants a copy of the 71 page filing, private mail me through the Forum and be sure to put "Goodwin Class TRO" somewhere in the message.

The Motion for TRO is way too long to cut and paste but here are a few lines from the first page.  You'll get the point.  When you see the multi-page list of Defense attorney's being admitted Pro Hac Vice ( a veritable Who's Who of huge law firms) you'll know these suits have the mortgage industry on the run.  In my opinion MERS is doomed.

I know there are folks who believe that there are NO lawyers helping or that those lawyers are just in it for the money and the homeownere be damned.  Following these cases of out Nevada and Arizona I have changed my tune.  This group of lawyers from a few states are about to turn the mortgage industry on its head and without a scintilla of support for ANY government or regulatory organization.

Ken

Plaintiffs, on behalf of a class of similarly situated individuals in the States of Nevada, Arizona, and California, and in all other states offering non-judicial foreclosure listed on the attached Exhibit 1, by and through undersigned counsel and pursuant to Fed. R. Civ. P. 65(a), respectfully request that this court enter a preliminary injunction prohibiting the Defendants, and any and all other persons or entities in active concert with them, from taking possession of the Class Members’ properties, from selling the Class Members’ properties, from ejecting the Class Members from the properties, or in any way interfering with the peaceful enjoyment and possession by the Class Members of their properties, title to which was allegedly obtained by Defendants by way of foreclosure on a deed of trust which named MERS as the purported beneficiary (bank REO’s). This Motion is supported by the attached Memorandum of Points and Authorities which is incorporated herein by this reference and by the Motion for Class Certification filed herewith.

 

 

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Res Ipsa Loquitor
News out of Nevada!!!!  TRO issued today 7-20-2009  Federal Judge enjoins 20 foreclosures...  3:09-CV-00374-BES-GWF

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

JOSEPH GREEN, et al.,

Plaintiffs,

v.

COUNTRYWIDE HOME LOANS, INC., et

al.,

3:09-CV-00374-BES-GWF

ORDER

Before this Court is a Motion for Temporary Restraining Order and Preliminary

Injunction (#5), filed by Plaintiffs Joseph Green, David and Marcella Barron, John Benson,

Manuel C. Castillo, Sr., Oscar Cortez, Thomas and Vicki Filiatreau, Carleen Harmon, Robb C. Kelley, Tim and Carol King, Gabriel Larkins, Jose Lopez, David and Sandra Mahlin, Denise and Guillermo Mendoza, Douglas B. Moore, Doug Moreau, Dale and Jeri Peterson, Brett E. Riggs, Steve and Shandale Stapleton, Nancy Quintero-Orozco and Jamie Zamorano (collectively “Plaintiffs”).

Fed.R.Civ.P. 65 states in pertinent part:

The court may issue a temporary restraining order without written or oral notice to

the adverse party or its attorney only if: (A) specific facts in an affidavit or a verified

complaint clearly show that immediate and irreparable injury, loss, or damage will

result to the movant before the adverse party can be heard in opposition, and (B)

the movant’s attorney certifies in writing any efforts made to give notice and the

reasons why it should not be required.

 

In accordance with Rule 65(b), the Ninth Circuit has held that the issuance of an ex parte

TRO may be appropriate “‘where notice to the adverse party is impossible either because the identity of the adverse party is unknown or because a known party cannot be located in time for a hearing.’” Reno Air Racing Ass’n, Inc. v. McCord, 352 F.2d 1126, 1131 (9th Cir. 2006) (quoting Am. Can. Co. v. Mansukhani, 742 F.2d 314, 322 (7th Cir. 1984)).

Upon consideration of the papers filed by Plaintiff, the Court believes that Plaintiff has

met the initial requirements of Rule 65(b) for the issuance of a temporary restraining order as to defendants CitiMortgage, Inc., Wells Fargo Bank, N.A., ReconTrust Company, Litton Loan Service Ltd. Partnership, Aurora Loan Services, HSBC Mortgage Corporation (USA), American Home Mortgage Servicing, Inc., Countrywide Home Loans, Inc., Fidelity National Title Agency, Inc., National Default Servicing, NDEX West, LLC, Federal National Mortgage Association, Quality Loan Service Corp., Midfirst Bank, Housekey Financial, CR Title, and Bank of New York Mellon. It appears from Plaintiffs’ Motion and the attached exhibits, that these defendants seek immediately to foreclose on properties owned by Plaintiffs Joseph Green, David and Marcella Barron, John Benson, Manuel Castillo, Sr., Oscar Cortez, Thomas and Vicki Filiatreau, Carleen Harmon, Robb C. Kelly, Timothy and Carol King, Gabriel Larkins, Jose Lopez, David and Sandra Mahlin, Denise and Guillermo Mendoza, Douglas B. Moore, Doug Moreau, Dale and Jeri Peterson, Brett E. Riggs, Steven and Shandale Stapleton, Nancy Quintero-Orozco and Jamie Zamorano. Therefore, the Court concludes that these Plaintiffs likely would suffer irreparable injury if these foreclosures were to proceed. Plaintiffs have also filed written certifications regarding their efforts to give notice of this motion to the abovenamed

defendants in satisfaction of Rule 65(b)(1)(B).

Accordingly, IT IS HEREBY ORDERED that Plaintiffs’ Motion (#5) to the extent it seeks

a temporary restraining order is GRANTED. This order is being issued without notice to some

defendants because of the shortness of time, which does not allow for the adverse parties to

be heard in opposition. The purpose of the temporary restraining order is to preserve the

status quo and prevent irreparable harm before a preliminary injunction hearing may be held.

IT IS FURTHER ORDERED that Defendants Wells Fargo Bank, N.A., National Default

Servicing Corporation, and any and all other persons or entities in active concert with them,

are hereby temporarily restrained from pursuing any foreclosure action, taking possession of,

or in any other manner interfering with the peaceful enjoyment and possession by Plaintiff

Joseph Green of his property located at 4321 Black Hills Drive, Sparks, Nevada 89436.

IT IS FURTHER ORDERED that Defendants Midfirst Bank and NDEX West, LLC, and

any and all other persons or entities in active concert with them, are hereby temporarily

restrained from pursuing any foreclosure action, taking possession of, or in any other manner

interfering with the peaceful enjoyment and possession by Plaintiffs David and Marcella

Barron of their property located at 326 Torrey Pines Drive, Dayton, Nevada 89403.

IT IS FURTHER ORDERED that Defendants National Default Servicing Corporation

and HSBC Bank USA, and any and all other persons or entities in active concert with them,

are hereby temporarily restrained from pursuing any foreclosure action, taking possession of,

or in any other manner interfering with the peaceful enjoyment and possession by Plaintiff

John Benson of his property located at 298 Chimney Rock Road, Stateline, Nevada 89449.

IT IS FURTHER ORDERED that Defendant National Default Servicing Corporation and

any and all other persons or entities in active concert with it, are hereby temporarily restrained

from pursuing any foreclosure action, taking possession of, or in any other manner interfering

with the peaceful enjoyment and possession by Plaintiff Manuel C. Castillo of his properties

located at 12590 Stillwater Way, Reno, Nevada 89511 and 2911 Randolph Court, Reno,

Nevada 89502.

IT IS FURTHER ORDERED that Defendants Countrywide Home Loans, Inc. and

ReconTrust Company, and any and all other persons or entities in active concert with them,

are hereby temporarily restrained from pursuing any foreclosure action, taking possession of,

or in any other manner interfering with the peaceful enjoyment and possession by Plaintiff

Oscar Cortez of his property located at 1376 Lynx Street, Reno, NV 89506.

IT IS FURTHER ORDERED that Defendants CitiMortgage, Inc. and CR Title Services,

Inc., and any and all other persons or entities in active concert with them, are hereby

temporarily restrained from pursuing any foreclosure action, taking possession of, or in any

other manner interfering with the peaceful enjoyment and possession by Plaintiffs Thomas and

Vicki Filiatreau of their property located at 4180 Frying Pan Road Reno, Nevada 89521.

IT IS FURTHER ORDERED that Defendants Aurora Loan Services and Quality Loan

Service, Corp., and any and all other persons or entities in active concert with them, are

hereby temporarily restrained from pursuing any foreclosure action, taking possession of, or

in any other manner interfering with the peaceful enjoyment and possession by Plaintiff

Carleen Harmon of her property located at 3687 Allegrini Drive, Sparks, Nevada 89436.

IT IS FURTHER ORDERED that Defendants Countrywide Home Loans, Inc. And

ReconTrust Company, and any and all other persons or entities in active concert with them,

are hereby temporarily restrained from pursuing any foreclosure action, taking possession of,

or in any other manner interfering with the peaceful enjoyment and possession by Plaintiff

Robb C. Kelly of his property located at 490 Tularosa Court, Reno, Nevada 89511.

IT IS FURTHER ORDERED that Defendants Litton Loan Servicing, LP and Quality

Loan Service Corp., and any and all other persons or entities in active concert with them, are

hereby temporarily restrained from pursuing any foreclosure action, taking possession of, or

in any other manner interfering with the peaceful enjoyment and possession by Plaintiffs

Timothy and Carol King of their property located at 738 Lassen Way, Gardnerville, Nevada

89460.

IT IS FURTHER ORDERED that Defendants Litton Loan Servicing, LP and National

Default Servicing Corporation, and any and all other persons or entities in active concert with

them, are hereby temporarily restrained from pursuing any foreclosure action, taking

possession of, or in any other manner interfering with the peaceful enjoyment and possession

by Plaintiff Gabriel Larkins of his properties located at 330 East 7th Street, Reno, Nevada

89512, and 421 G Street, Sparks, Nevada 89431.

IT IS FURTHER ORDERED that Defendants American Home Mortgage Servicing and

Fidelity National Title Insurance Company, and any and all other persons or entities in active

concert with them, are hereby temporarily restrained from pursuing any foreclosure action,

taking possession of, or in any other manner interfering with the peaceful enjoyment and

possession by Plaintiff Jose Lopez of his property located at 642 15th Street, Sparks, Nevada

89431.

IT IS FURTHER ORDERED that Defendants Countrywide Home Loans, Inc. and

ReconTrust Company, and any and all other persons or entities in active concert with them,

are hereby temporarily restrained from pursuing any foreclosure action, taking possession of,

or in any other manner interfering with the peaceful enjoyment and possession by Plaintiffs

David and Sandra Mahlin of their property located at 4976 Lorenzo Court, Sparks, Nevada

89436.

IT IS FURTHER ORDERED that Defendants Midland Mortgage Co. And NDEX West,

LLC, and any and all other persons or entities in active concert with them, are hereby

temporarily restrained from pursuing any foreclosure action, taking possession of, or in any

other manner interfering with the peaceful enjoyment and possession by Plaintiffs Denise and

Guillermo Mendoza of their property located at 10 Sage Creek, Sparks, Nevada 89436.

IT IS FURTHER ORDERED that Defendants Countrywide Home Loans, Inc. and

ReconTrust Company, and any and all other persons or entities in active concert with them,

are hereby temporarily restrained from pursuing any foreclosure action, taking possession of,

or in any other manner interfering with the peaceful enjoyment and possession by Plaintiff

Douglas B. Moore of his property located at 655 Georgia Place, Reno, Nevada 89509.

IT IS FURTHER ORDERED that Defendants Quality Loan Service Corp. And National

Default Servicing Corp., and any and all other persons or entities in active concert with them,

are hereby temporarily restrained from pursuing any foreclosure action, taking possession of,

or in any other manner interfering with the peaceful enjoyment and possession by Plaintiff

Doug Moreau of his properties located at 1169 Harbour Cove Court, Sparks, Nevada 89434,

and 1117 Harbour Cove Court, Sparks, Nevada 89434.

IT IS FURTHER ORDERED that Defendants Litton Loan Servicing, LP and National

Default Servicing Corporation, and any and all other persons or entities in active concert with

them, are hereby temporarily restrained from pursuing any foreclosure action, taking

possession of, or in any other manner interfering with the peaceful enjoyment and

 

possession

 

by Plaintiffs Dale and Jeri Peterson of their property located at1426 Shasta Drive,

Gardnerville, Nevada 89460.

IT IS FURTHER ORDERED that Defendants Countrywide Home Loans, Inc. and

ReconTrust Company, and any and all other persons or entities in active concert with them,

are hereby temporarily restrained from pursuing any foreclosure action, taking possession of,

or in any other manner interfering with the peaceful enjoyment and possession by Plaintiff Bret

E. Riggs of his property located at 9579 Mammoth Drive, Reno, Nevada 89521.

IT IS FURTHER ORDERED that Defendants National Default Servicing Corporation

and Fidelity National Title Insurance Company, and any and all other persons or entities in

active concert with them, are hereby temporarily restrained from pursuing any foreclosure

action, taking possession of, or in any other manner interfering with the peaceful enjoyment

and possession by Plaintiffs Steven and Shandale Stapleton of their property located at 1241

Red Rock Road, Fernley, Nevada 89408.

IT IS FURTHER ORDERED that Defendants HSBC Bank USA and Housekey Financial

Corporation, and any and all other persons or entities in active concert with them, are hereby

temporarily restrained from pursuing any foreclosure action, taking possession of, or in any

other manner interfering with the peaceful enjoyment and possession by Plaintiffs Nancy

Quintero-Orozco and Jamie Zamorano of their property located at 7772 Tulear Street, Reno,

Nevada 89506.

IT IS FURTHER ORDERED that Plaintiffs shall post a bond of Five-Hundred Dollars

($500.00) for the payment of such costs and damages, if any, that will be incurred or suffered

by the issuance of this temporary restraining order.

The temporary restraining order issued herein will expire on August 3, 2009 at 5 P.M.,

unless within such time the order is extended for good cause shown, or unless the defendants

consent to an extension. The Court hereby sets the hearing for Plaintiff’s Motion for

Preliminary Injunction before The Honorable Brian Sandoval, United States District Judge for

the District of Nevada, at the Bruce R. Thompson Federal Courthouse, 400 South Virginia

Street, Reno, Nevada on Friday, July 31, 2009, at 10:00 A.M.

IT IS FURTHER ORDERED that no later than Friday July 24, 2009, Defendants shall

file and serve opposition papers to Plaintiffs’ Motion for Preliminary Injunction (#5), if any,

upon Plaintiff (with copies faxed or hand-delivered to chambers). Plaintiffs shall file and serve

their reply brief, if any, upon Defendants (with copies faxed or hand-delivered to chambers)

no later than Tuesday July 28, 2009.

IT IS SO ORDERED.

DATED this 20th day of July, 2009.

UNITED STATES DISTRICT JUDGE

 

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Nevada Filings
Plaintiffs lawyers have filed ANOTHER huge case on behalf of homeowners in Nevada Federal District Court (reno) on 9-14-2009.

The case number is: 3:2009cv00534

82 plaintiff homeowners and so many Defendant mortgage servicers, bank, lenders, etc. I didn't take the time to count them.  The filing shows approximately 50 TRO's being filed today to enjoin foreclosures.

Plaintiffs:Lacy J Dalton, Nellie Aguilar, Dean Anderson, Emily Andrews, Jose Aurelio Apolinar, Jesus L Arevalo, Richard Aufiero, Sylvia T Aufiero, Christopher L Ballengee, Samantha P Anderson, Richard Beauchemin, Leslie Beauchemin, Peter M Beekhoff, James V. Bell, Justin Bennett, Nancy E Bennett, Valerie R Branca, Ramiro M Brenes, Aurelio Apolinar-Lopez, Betty J Burson, Karen L Celone, Harry R Cousins, David Douglas Dahl, Kay Dahl, Charles A Dimino, Kimberly A Dimino, Dimitri O Dintchev, Michael T Epps, Darryl J Feemster, Vivian M Feemster, Casimiro Jimenez Granados, Joni Ann Hammitt, Cary W Hembree, Charlene E. Hembree, David Hutler, Neil M Johnson, Holly A Kinney, James M Koschella, Teresa R Koschella, Maria R Leonard, Jennifer Lopez, John V Lynch, Ronica Lynch, Jami D McHenry, Michael McKeon, Wilfredo G Mariano, Agnes Mariano, John Mason, Bianca Mason, Gilbert J Mendoza, Gabriela T Mendoza, Jean Merkelbach, Christopher L Nelson, Gary A Newton, Pamela Penny, Phil Rutherford, Norma Pizzuto, Darren Dismuke, Wojciech Polanski, Mariola Polanski, Randall H Rees, June Ann Rees, Charise K Roberts, Todd C Roberts, Nigel Rudlin, Efrain Delarosa Saldana, Antonio Servidio, Sally Servidio, Jaswinder Singh, Varinder Kaur, Kip M Thompson, Helen T Thompson, Gabrielle C Thompson, Dimitritza Toromanova, Lenora M Vaeth, Joseph T Vaeth, Lauro C Vizcarra and Yesenia Vizcarra
Defendants:Citimortgage, Inc., MERSCORP, INC. a Virginia corporation, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a subsidiary of MERSCORP, Inc., a Delaware corporation, AIG UNITED GUARANTY CORPORATION, a foreign corporation, AMERICAN HOME MORTGAGE SERVICING, INC., Aurora Loan Services, LLC, Aztec Foreclosure Corporation, Bank of America, NA, California Reconveyance Company, Cal-Western Reconveyance Company, Central Mortgage Company, J.P. Morgan Chase Bank, Countrywide Home Loans, Inc., CR TITLE SERVICES, INC., EMC Corporation, Executive Trustee Services, Inc., FEDERAL HOME LOAN MORTGAGE CORPORATION, a Virginia corporation, FEDERAL NATIONAL MORTGAGE ASSOCIATION, a District of Columbia corporation, First Franklin Loan Services, First Horizon Home Loan Corporation, Met Life Group, Inc., Quality Loan Service Corp., GE Money Bank, an Ohio corporation, GMAC Mortgage, LLC, a Delaware Corporation, HSBC Mortgage Corporation, USA, Landmark Onestop, INC, Midland Mortgage Co., NATIONAL CITY MORTGAGE, a foreign company and a division of NATIONAL CITY BANK, a subsidiary of National City Corporation, NATIONAL CITY CORPORATION, a Delaware corporation and a subsidiary of PNC Financial Services, Inc., National Default Servicing Corporation, Option One Mortgage Corporation, PNC FINANCIAL SERVICES, INC., a Pennsylvania corporation, Recontrust Company, Saxon Mortgage Corporation, Suntrust Mortgage, T.D. Service Corporation, The Cooper Castle Law Firm, LLP fka The Cooper Christensen Law Firm, LLP, Deutsche Bank National Trust Company, American Broker's Conduit, America's Home Servicing, Homecomings Financial, THE BANK OF NEW YORK MELLON and WELLS FARGO BANK, N.A., a California corporation, dba WELLS FARGO HOME EQUITY and dba WELLS FARGO HOME MORTGAGE, a division of WELLS FARGO BANK, N.A., a California corporation
Plaintiffs:Lacy J Dalton, Nellie Aguilar, Dean Anderson, Emily Andrews, Jose Aurelio Apolinar, Jesus L Arevalo, Richard Aufiero, Sylvia T Aufiero, Christopher L Ballengee, Samantha P Anderson, Richard Beauchemin, Leslie Beauchemin, Peter M Beekhoff, James V. Bell, Justin Bennett, Nancy E Bennett, Valerie R Branca, Ramiro M Brenes, Aurelio Apolinar-Lopez, Betty J Burson, Karen L Celone, Harry R Cousins, David Douglas Dahl, Kay Dahl, Charles A Dimino, Kimberly A Dimino, Dimitri O Dintchev, Michael T Epps, Darryl J Feemster, Vivian M Feemster, Casimiro Jimenez Granados, Joni Ann Hammitt, Cary W Hembree, Charlene E. Hembree, David Hutler, Neil M Johnson, Holly A Kinney, James M Koschella, Teresa R Koschella, Maria R Leonard, Jennifer Lopez, John V Lynch, Ronica Lynch, Jami D McHenry, Michael McKeon, Wilfredo G Mariano, Agnes Mariano, John Mason, Bianca Mason, Gilbert J Mendoza, Gabriela T Mendoza, Jean Merkelbach, Christopher L Nelson, Gary A Newton, Pamela Penny, Phil Rutherford, Norma Pizzuto, Darren Dismuke, Wojciech Polanski, Mariola Polanski, Randall H Rees, June Ann Rees, Charise K Roberts, Todd C Roberts, Nigel Rudlin, Efrain Delarosa Saldana, Antonio Servidio, Sally Servidio, Jaswinder Singh, Varinder Kaur, Kip M Thompson, Helen T Thompson, Gabrielle C Thompson, Dimitritza Toromanova, Lenora M Vaeth, Joseph T Vaeth, Lauro C Vizcarra and Yesenia Vizcarra
Defendants:Citimortgage, Inc., MERSCORP, INC. a Virginia corporation, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a subsidiary of MERSCORP, Inc., a Delaware corporation, AIG UNITED GUARANTY CORPORATION, a foreign corporation, AMERICAN HOME MORTGAGE SERVICING, INC., Aurora Loan Services, LLC, Aztec Foreclosure Corporation, Bank of America, NA, California Reconveyance Company, Cal-Western Reconveyance Company, Central Mortgage Company, J.P. Morgan Chase Bank, Countrywide Home Loans, Inc., CR TITLE SERVICES, INC., EMC Corporation, Executive Trustee Services, Inc., FEDERAL HOME LOAN MORTGAGE CORPORATION, a Virginia corporation, FEDERAL NATIONAL MORTGAGE ASSOCIATION, a District of Columbia corporation, First Franklin Loan Services, First Horizon Home Loan Corporation, Met Life Group, Inc., Quality Loan Service Corp., GE Money Bank, an Ohio corporation, GMAC Mortgage, LLC, a Delaware Corporation, HSBC Mortgage Corporation, USA, Landmark Onestop, INC, Midland Mortgage Co., NATIONAL CITY MORTGAGE, a foreign company and a division of NATIONAL CITY BANK, a subsidiary of National City Corporation, NATIONAL CITY CORPORATION, a Delaware corporation and a subsidiary of PNC Financial Services, Inc., National Default Servicing Corporation, Option One Mortgage Corporation, PNC FINANCIAL SERVICES, INC., a Pennsylvania corporation, Recontrust Company, Saxon Mortgage Corporation, Suntrust Mortgage, T.D. Service Corporation, The Cooper Castle Law Firm, LLP fka The Cooper Christensen Law Firm, LLP, Deutsche Bank National Trust Company, American Broker's Conduit, America's Home Servicing, Homecomings Financial, THE BANK OF NEW YORK MELLON and WELLS FARGO BANK, N.A., a California corporation, dba WELLS FARGO HOME EQUITY and dba WELLS FARGO HOME MORTGAGE, a division of WELLS FARGO BANK, N.A., a California corporation
Plaintiffs:Lacy J Dalton, Nellie Aguilar, Dean Anderson, Emily Andrews, Jose Aurelio Apolinar, Jesus L Arevalo, Richard Aufiero, Sylvia T Aufiero, Christopher L Ballengee, Samantha P Anderson, Richard Beauchemin, Leslie Beauchemin, Peter M Beekhoff, James V. Bell, Justin Bennett, Nancy E Bennett, Valerie R Branca, Ramiro M Brenes, Aurelio Apolinar-Lopez, Betty J Burson, Karen L Celone, Harry R Cousins, David Douglas Dahl, Kay Dahl, Charles A Dimino, Kimberly A Dimino, Dimitri O Dintchev, Michael T Epps, Darryl J Feemster, Vivian M Feemster, Casimiro Jimenez Granados, Joni Ann Hammitt, Cary W Hembree, Charlene E. Hembree, David Hutler, Neil M Johnson, Holly A Kinney, James M Koschella, Teresa R Koschella, Maria R Leonard, Jennifer Lopez, John V Lynch, Ronica Lynch, Jami D McHenry, Michael McKeon, Wilfredo G Mariano, Agnes Mariano, John Mason, Bianca Mason, Gilbert J Mendoza, Gabriela T Mendoza, Jean Merkelbach, Christopher L Nelson, Gary A Newton, Pamela Penny, Phil Rutherford, Norma Pizzuto, Darren Dismuke, Wojciech Polanski, Mariola Polanski, Randall H Rees, June Ann Rees, Charise K Roberts, Todd C Roberts, Nigel Rudlin, Efrain Delarosa Saldana, Antonio Servidio, Sally Servidio, Jaswinder Singh, Varinder Kaur, Kip M Thompson, Helen T Thompson, Gabrielle C Thompson, Dimitritza Toromanova, Lenora M Vaeth, Joseph T Vaeth, Lauro C Vizcarra and Yesenia Vizcarra
Defendants:Citimortgage, Inc., MERSCORP, INC. a Virginia corporation, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a subsidiary of MERSCORP, Inc., a Delaware corporation, AIG UNITED GUARANTY CORPORATION, a foreign corporation, AMERICAN HOME MORTGAGE SERVICING, INC., Aurora Loan Services, LLC, Aztec Foreclosure Corporation, Bank of America, NA, California Reconveyance Company, Cal-Western Reconveyance Company, Central Mortgage Company, J.P. Morgan Chase Bank, Countrywide Home Loans, Inc., CR TITLE SERVICES, INC., EMC Corporation, Executive Trustee Services, Inc., FEDERAL HOME LOAN MORTGAGE CORPORATION, a Virginia corporation, FEDERAL NATIONAL MORTGAGE ASSOCIATION, a District of Columbia corporation, First Franklin Loan Services, First Horizon Home Loan Corporation, Met Life Group, Inc., Quality Loan Service Corp., GE Money Bank, an Ohio corporation, GMAC Mortgage, LLC, a Delaware Corporation, HSBC Mortgage Corporation, USA, Landmark Onestop, INC, Midland Mortgage Co., NATIONAL CITY MORTGAGE, a foreign company and a division of NATIONAL CITY BANK, a subsidiary of National City Corporation, NATIONAL CITY CORPORATION, a Delaware corporation and a subsidiary of PNC Financial Services, Inc., National Default Servicing Corporation, Option One Mortgage Corporation, PNC FINANCIAL SERVICES, INC., a Pennsylvania corporation, Recontrust Company, Saxon Mortgage Corporation, Suntrust Mortgage, T.D. Service Corporation, The Cooper Castle Law Firm, LLP fka The Cooper Christensen Law Firm, LLP, Deutsche Bank National Trust Company, American Broker's Conduit, America's Home Servicing, Homecomings Financial, THE BANK OF NEW YORK MELLON and WELLS FARGO BANK, N.A., a California corporation, dba WELLS FARGO HOME EQUITY and dba WELLS FARGO HOME MORTGAGE, a division of WELLS FARGO BANK, N.A., a California corporation

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Big Mac

Cheerleader Toss 1

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Daddy of 7
Yes but some of the people like sally and antonio servidio are trying to use this lawsuit to scam people about buildings owned. They tried to get a tro and stop property from being forclosed on and it did not work. If you look servidio up in the county recorders office you will find 194 records of antonio servidio with over hundred of them being liens because he does not pay his bills and notes. And the buildings he says he owns all but 4 properties have been sold. His million dollar home his buisiness partner is going to forclose on him because he owes 540000 dollars. I mean if it is a primary residance then i agree but several people are investment property holders who over extended themself and are trying to get over on system while trying to take rent for property they do not own or have not paid note on.

The case number is: 3:2009cv00534

82 plaintiff homeowners and so many Defendant mortgage servicers, bank, lenders, etc. I didn't take the time to count them.  The filing shows approximately 50 TRO's being filed today to enjoin foreclosures.

Plaintiffs:Lacy J Dalton, Nellie Aguilar, Dean Anderson, Emily Andrews, Jose Aurelio Apolinar, Jesus L Arevalo, Richard Aufiero, Sylvia T Aufiero, Christopher L Ballengee, Samantha P Anderson, Richard Beauchemin, Leslie Beauchemin, Peter M Beekhoff, James V. Bell, Justin Bennett, Nancy E Bennett, Valerie R Branca, Ramiro M Brenes, Aurelio Apolinar-Lopez, Betty J Burson, Karen L Celone, Harry R Cousins, David Douglas Dahl, Kay Dahl, Charles A Dimino, Kimberly A Dimino, Dimitri O Dintchev, Michael T Epps, Darryl J Feemster, Vivian M Feemster, Casimiro Jimenez Granados, Joni Ann Hammitt, Cary W Hembree, Charlene E. Hembree, David Hutler, Neil M Johnson, Holly A Kinney, James M Koschella, Teresa R Koschella, Maria R Leonard, Jennifer Lopez, John V Lynch, Ronica Lynch, Jami D McHenry, Michael McKeon, Wilfredo G Mariano, Agnes Mariano, John Mason, Bianca Mason, Gilbert J Mendoza, Gabriela T Mendoza, Jean Merkelbach, Christopher L Nelson, Gary A Newton, Pamela Penny, Phil Rutherford, Norma Pizzuto, Darren Dismuke, Wojciech Polanski, Mariola Polanski, Randall H Rees, June Ann Rees, Charise K Roberts, Todd C Roberts, Nigel Rudlin, Efrain Delarosa Saldana, Antonio Servidio, Sally Servidio, Jaswinder Singh, Varinder Kaur, Kip M Thompson, Helen T Thompson, Gabrielle C Thompson, Dimitritza Toromanova, Lenora M Vaeth, Joseph T Vaeth, Lauro C Vizcarra and Yesenia Vizcarra
Defendants:Citimortgage, Inc., MERSCORP, INC. a Virginia corporation, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a subsidiary of MERSCORP, Inc., a Delaware corporation, AIG UNITED GUARANTY CORPORATION, a foreign corporation, AMERICAN HOME MORTGAGE SERVICING, INC., Aurora Loan Services, LLC, Aztec Foreclosure Corporation, Bank of America, NA, California Reconveyance Company, Cal-Western Reconveyance Company, Central Mortgage Company, J.P. Morgan Chase Bank, Countrywide Home Loans, Inc., CR TITLE SERVICES, INC., EMC Corporation, Executive Trustee Services, Inc., FEDERAL HOME LOAN MORTGAGE CORPORATION, a Virginia corporation, FEDERAL NATIONAL MORTGAGE ASSOCIATION, a District of Columbia corporation, First Franklin Loan Services, First Horizon Home Loan Corporation, Met Life Group, Inc., Quality Loan Service Corp., GE Money Bank, an Ohio corporation, GMAC Mortgage, LLC, a Delaware Corporation, HSBC Mortgage Corporation, USA, Landmark Onestop, INC, Midland Mortgage Co., NATIONAL CITY MORTGAGE, a foreign company and a division of NATIONAL CITY BANK, a subsidiary of National City Corporation, NATIONAL CITY CORPORATION, a Delaware corporation and a subsidiary of PNC Financial Services, Inc., National Default Servicing Corporation, Option One Mortgage Corporation, PNC FINANCIAL SERVICES, INC., a Pennsylvania corporation, Recontrust Company, Saxon Mortgage Corporation, Suntrust Mortgage, T.D. Service Corporation, The Cooper Castle Law Firm, LLP fka The Cooper Christensen Law Firm, LLP, Deutsche Bank National Trust Company, American Broker's Conduit, America's Home Servicing, Homecomings Financial, THE BANK OF NEW YORK MELLON and WELLS FARGO BANK, N.A., a California corporation, dba WELLS FARGO HOME EQUITY and dba WELLS FARGO HOME MORTGAGE, a division of WELLS FARGO BANK, N.A., a California corporation
Plaintiffs:Lacy J Dalton, Nellie Aguilar, Dean Anderson, Emily Andrews, Jose Aurelio Apolinar, Jesus L Arevalo, Richard Aufiero, Sylvia T Aufiero, Christopher L Ballengee, Samantha P Anderson, Richard Beauchemin, Leslie Beauchemin, Peter M Beekhoff, James V. Bell, Justin Bennett, Nancy E Bennett, Valerie R Branca, Ramiro M Brenes, Aurelio Apolinar-Lopez, Betty J Burson, Karen L Celone, Harry R Cousins, David Douglas Dahl, Kay Dahl, Charles A Dimino, Kimberly A Dimino, Dimitri O Dintchev, Michael T Epps, Darryl J Feemster, Vivian M Feemster, Casimiro Jimenez Granados, Joni Ann Hammitt, Cary W Hembree, Charlene E. Hembree, David Hutler, Neil M Johnson, Holly A Kinney, James M Koschella, Teresa R Koschella, Maria R Leonard, Jennifer Lopez, John V Lynch, Ronica Lynch, Jami D McHenry, Michael McKeon, Wilfredo G Mariano, Agnes Mariano, John Mason, Bianca Mason, Gilbert J Mendoza, Gabriela T Mendoza, Jean Merkelbach, Christopher L Nelson, Gary A Newton, Pamela Penny, Phil Rutherford, Norma Pizzuto, Darren Dismuke, Wojciech Polanski, Mariola Polanski, Randall H Rees, June Ann Rees, Charise K Roberts, Todd C Roberts, Nigel Rudlin, Efrain Delarosa Saldana, Antonio Servidio, Sally Servidio, Jaswinder Singh, Varinder Kaur, Kip M Thompson, Helen T Thompson, Gabrielle C Thompson, Dimitritza Toromanova, Lenora M Vaeth, Joseph T Vaeth, Lauro C Vizcarra and Yesenia Vizcarra
Defendants:Citimortgage, Inc., MERSCORP, INC. a Virginia corporation, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a subsidiary of MERSCORP, Inc., a Delaware corporation, AIG UNITED GUARANTY CORPORATION, a foreign corporation, AMERICAN HOME MORTGAGE SERVICING, INC., Aurora Loan Services, LLC, Aztec Foreclosure Corporation, Bank of America, NA, California Reconveyance Company, Cal-Western Reconveyance Company, Central Mortgage Company, J.P. Morgan Chase Bank, Countrywide Home Loans, Inc., CR TITLE SERVICES, INC., EMC Corporation, Executive Trustee Services, Inc., FEDERAL HOME LOAN MORTGAGE CORPORATION, a Virginia corporation, FEDERAL NATIONAL MORTGAGE ASSOCIATION, a District of Columbia corporation, First Franklin Loan Services, First Horizon Home Loan Corporation, Met Life Group, Inc., Quality Loan Service Corp., GE Money Bank, an Ohio corporation, GMAC Mortgage, LLC, a Delaware Corporation, HSBC Mortgage Corporation, USA, Landmark Onestop, INC, Midland Mortgage Co., NATIONAL CITY MORTGAGE, a foreign company and a division of NATIONAL CITY BANK, a subsidiary of National City Corporation, NATIONAL CITY CORPORATION, a Delaware corporation and a subsidiary of PNC Financial Services, Inc., National Default Servicing Corporation, Option One Mortgage Corporation, PNC FINANCIAL SERVICES, INC., a Pennsylvania corporation, Recontrust Company, Saxon Mortgage Corporation, Suntrust Mortgage, T.D. Service Corporation, The Cooper Castle Law Firm, LLP fka The Cooper Christensen Law Firm, LLP, Deutsche Bank National Trust Company, American Broker's Conduit, America's Home Servicing, Homecomings Financial, THE BANK OF NEW YORK MELLON and WELLS FARGO BANK, N.A., a California corporation, dba WELLS FARGO HOME EQUITY and dba WELLS FARGO HOME MORTGAGE, a division of WELLS FARGO BANK, N.A., a California corporation
Plaintiffs:Lacy J Dalton, Nellie Aguilar, Dean Anderson, Emily Andrews, Jose Aurelio Apolinar, Jesus L Arevalo, Richard Aufiero, Sylvia T Aufiero, Christopher L Ballengee, Samantha P Anderson, Richard Beauchemin, Leslie Beauchemin, Peter M Beekhoff, James V. Bell, Justin Bennett, Nancy E Bennett, Valerie R Branca, Ramiro M Brenes, Aurelio Apolinar-Lopez, Betty J Burson, Karen L Celone, Harry R Cousins, David Douglas Dahl, Kay Dahl, Charles A Dimino, Kimberly A Dimino, Dimitri O Dintchev, Michael T Epps, Darryl J Feemster, Vivian M Feemster, Casimiro Jimenez Granados, Joni Ann Hammitt, Cary W Hembree, Charlene E. Hembree, David Hutler, Neil M Johnson, Holly A Kinney, James M Koschella, Teresa R Koschella, Maria R Leonard, Jennifer Lopez, John V Lynch, Ronica Lynch, Jami D McHenry, Michael McKeon, Wilfredo G Mariano, Agnes Mariano, John Mason, Bianca Mason, Gilbert J Mendoza, Gabriela T Mendoza, Jean Merkelbach, Christopher L Nelson, Gary A Newton, Pamela Penny, Phil Rutherford, Norma Pizzuto, Darren Dismuke, Wojciech Polanski, Mariola Polanski, Randall H Rees, June Ann Rees, Charise K Roberts, Todd C Roberts, Nigel Rudlin, Efrain Delarosa Saldana, Antonio Servidio, Sally Servidio, Jaswinder Singh, Varinder Kaur, Kip M Thompson, Helen T Thompson, Gabrielle C Thompson, Dimitritza Toromanova, Lenora M Vaeth, Joseph T Vaeth, Lauro C Vizcarra and Yesenia Vizcarra
Defendants:Citimortgage, Inc., MERSCORP, INC. a Virginia corporation, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a subsidiary of MERSCORP, Inc., a Delaware corporation, AIG UNITED GUARANTY CORPORATION, a foreign corporation, AMERICAN HOME MORTGAGE SERVICING, INC., Aurora Loan Services, LLC, Aztec Foreclosure Corporation, Bank of America, NA, California Reconveyance Company, Cal-Western Reconveyance Company, Central Mortgage Company, J.P. Morgan Chase Bank, Countrywide Home Loans, Inc., CR TITLE SERVICES, INC., EMC Corporation, Executive Trustee Services, Inc., FEDERAL HOME LOAN MORTGAGE CORPORATION, a Virginia corporation, FEDERAL NATIONAL MORTGAGE ASSOCIATION, a District of Columbia corporation, First Franklin Loan Services, First Horizon Home Loan Corporation, Met Life Group, Inc., Quality Loan Service Corp., GE Money Bank, an Ohio corporation, GMAC Mortgage, LLC, a Delaware Corporation, HSBC Mortgage Corporation, USA, Landmark Onestop, INC, Midland Mortgage Co., NATIONAL CITY MORTGAGE, a foreign company and a division of NATIONAL CITY BANK, a subsidiary of National City Corporation, NATIONAL CITY CORPORATION, a Delaware corporation and a subsidiary of PNC Financial Services, Inc., National Default Servicing Corporation, Option One Mortgage Corporation, PNC FINANCIAL SERVICES, INC., a Pennsylvania corporation, Recontrust Company, Saxon Mortgage Corporation, Suntrust Mortgage, T.D. Service Corporation, The Cooper Castle Law Firm, LLP fka The Cooper Christensen Law Firm, LLP, Deutsche Bank National Trust Company, American Broker's Conduit, America's Home Servicing, Homecomings Financial, THE BANK OF NEW YORK MELLON and WELLS FARGO BANK, N.A., a California corporation, dba WELLS FARGO HOME EQUITY and dba WELLS FARGO HOME MORTGAGE, a division of WELLS FARGO BANK, N.A., a California corporation

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Judge Bashes Bank in Foreclosure Case

Wall Street Journal - Amir Efrati - ‎Apr 16, 2010‎
A Florida state-court judge, in a rare ruling, said a major national bank perpetrated a "fraud" in a foreclosure lawsuit, raising questions ...
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Christine

I think it is time for people to notify the FTC and file a complaint Midland mortgage co. and it's attorneys’ have violated these acts to many times, so if you know what is true file your complaint.

 

http://www.expertlaw.com/library/consumer/fair_debt_collection.html

 

http://www.ftc.gov/

 

Fair Debt Collection Practices Act (FDCPA) complaints

 

The Fair Debt Collection Practices Act, often referred to as the "FDCPA", was passed by Congress in response to abusive conduct by collection agencies, and concern that the abuses were causing an increase in the filings of personal bankruptcies.

 

The FDCPA applies to personal, family, and household debts, including debts associated with the purchase of a car, for medical care, for retail financing, for first and second mortgages.

 

The act regulates the conduct of debt collectors: any person who regularly collects debts owed to others. This definition includes lawyers who perform debt collection services on a regular basis. Even where money is legitimately owed, a debt collector's conduct is restricted by this law.

 

The FDCPA restricts debt collectors from engaging in conduct including the following:

 

    * Contacting a third party who does not owe the debt, such as a relative, neighbor, or your employer. Co-signers to the debt, however, may be contacted by the debt collector;

    *Threatening to refer your account to an attorney, harm your credit rating, repossession or garnishment, without actual intention of action on the threat. Please note that a debt collector may warn you of an actual impending intention to refer your case to an attorney or to report your debt to a credit agency. What they cannot do is use a false threat to try to intimidate you into paying;

    *Making repeated telephone calls or telephone calls at unreasonable times. The act defines unreasonable times as contact before 8:00 AM or after 9:00 PM, unless you have given the debt collector permission to contact you during those hours;

    *Placing telephone calls to an inconvenient place. For example, contacting you at work in violation of a policy by your employer that is known to the debt collector or following a request by you that they not contact you at work;

    *When placing a telephone call to you at work, informing your employer of the purpose of the call, unless first asked by the employer;

     * Using obscenity, racial slurs or insults;

    *Sending letters which appear to have come from a court;

    *Seeking collection fees or interest charges not permitted by your contract or by state law;

    *Requesting post-dated checks with the intention to prosecute if they bounce;

    *Suing in courts far removed from your place of residence;

    *Making certain false representations in association with efforts to collect the debt, including the false claim that the person contacting you in relation to the debt is an attorney, falsely claiming to have started a lawsuit, using a false name, or using stationery that is designed to look like an official court or government communication;

    *Using false claims to collect information about the debtor, such as pretending to be conducting a survey;

    *Threatening you with arrest if you do not pay the debt.

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Hi everyone,

First of all...I am not a lawyer...My words are just that...MY WORDS.

I have been at this fight for 22 months and counting.

http://www.foreclosurehamlet.org/profile/ACE   I update occassionally.
I have been so busy w/ my own case it has been hard to educate lately tho.
If I am slow in response, you at leats can understand why.

I learned from my friend to educate myself and realized, not too long in, that there is but 1 single thing I could do to stave off the bank.

http://www.law.cornell.edu/ucc/3/3-501.html

In laymen terms...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' 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.

Also helpful is UCC 3-309. UCC 3-309 requires the lender go through certain steps to Prove Up A Note (make it enforceable) that is lost or destroyed. This is not easy for the lender to do, if one is willing to contest everything the lender does to try to prove up the note. This proof takes witnesses, who may not be able to say what the law requires, if the witnesses are thoroughly cross-examined. (Tip: Don’t let the lender get by with self-serving affidavits; take their witnesses’ depositions). Moreover, this section requires the lender to give adequate protection in the event the lender can make the lost note enforceable. That may be difficult for a lender that is under FDIC scrutiny and whose stock is in the tank.

 
PUT THEM ON NOTICE THAT YOU ARE EDUCATED!!!!!!
Do not take my WORDS for it. Educate yourselves. This not an end all solution as of yet for me but they haven't really bothered me either.

Calling the banks back is useless. Faxing the banks your docs many times over and never gettting assistance is useless. You are calling a room full of clerks. Not the people in control.

All communication should be done thru USPS Certified Return Receipt Requested ONLY letters. Also called QWR's. It says so in your mort docs.

Signing a Modification is your admission to THEIR fraud and here you go again.

I have an illegal mod that I never signed and I have seen another giving up certain rights allowed to all of US Americans.

So...In closing...I pray WE will save OUR Homes and OUR Country.

I hope this helps...Case Law from the NON-Judicial State of MA...

http://www.massrealestatelawblog.com/massachusetts-land-court-reaffirms-controversial-ibanez-ruling-invalidating-thousands-of-foreclosures/
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The Equitable One wrote:
That is good news Ken. Still, it seems like all the "good news" involves other parties MERS, etc.) and is happening in jurisdictions other than mine. I guess I'm breaking new ground, and writing new law, for the players in my case and in my jurisdiction.
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Daddy of 7 wrote:
Yes but some of the people like sally and antonio servidio are trying to use this lawsuit to scam people about buildings owned. They tried to get a tro and stop property from being forclosed on and it did not work. If you look servidio up in the county recorders office you will find 194 records of antonio servidio with over hundred of them being liens because he does not pay his bills and notes. And the buildings he says he owns all but 4 properties have been sold. His million dollar home his buisiness partner is going to forclose on him because he owes 540000 dollars. I mean if it is a primary residance then i agree but several people are investment property holders who over extended themself and are trying to get over on system while trying to take rent for property they do not own or have not paid note on.

The case number is: 3:2009cv00534

82 plaintiff homeowners and so many Defendant mortgage servicers, bank, lenders, etc. I didn't take the time to count them.  The filing shows approximately 50 TRO's being filed today to enjoin foreclosures.

Plaintiffs:Lacy J Dalton, Nellie Aguilar, Dean Anderson, Emily Andrews, Jose Aurelio Apolinar, Jesus L Arevalo, Richard Aufiero, Sylvia T Aufiero, Christopher L Ballengee, Samantha P Anderson, Richard Beauchemin, Leslie Beauchemin, Peter M Beekhoff, James V. Bell, Justin Bennett, Nancy E Bennett, Valerie R Branca, Ramiro M Brenes, Aurelio Apolinar-Lopez, Betty J Burson, Karen L Celone, Harry R Cousins, David Douglas Dahl, Kay Dahl, Charles A Dimino, Kimberly A Dimino, Dimitri O Dintchev, Michael T Epps, Darryl J Feemster, Vivian M Feemster, Casimiro Jimenez Granados, Joni Ann Hammitt, Cary W Hembree, Charlene E. Hembree, David Hutler, Neil M Johnson, Holly A Kinney, James M Koschella, Teresa R Koschella, Maria R Leonard, Jennifer Lopez, John V Lynch, Ronica Lynch, Jami D McHenry, Michael McKeon, Wilfredo G Mariano, Agnes Mariano, John Mason, Bianca Mason, Gilbert J Mendoza, Gabriela T Mendoza, Jean Merkelbach, Christopher L Nelson, Gary A Newton, Pamela Penny, Phil Rutherford, Norma Pizzuto, Darren Dismuke, Wojciech Polanski, Mariola Polanski, Randall H Rees, June Ann Rees, Charise K Roberts, Todd C Roberts, Nigel Rudlin, Efrain Delarosa Saldana, Antonio Servidio, Sally Servidio, Jaswinder Singh, Varinder Kaur, Kip M Thompson, Helen T Thompson, Gabrielle C Thompson, Dimitritza Toromanova, Lenora M Vaeth, Joseph T Vaeth, Lauro C Vizcarra and Yesenia Vizcarra
Defendants:Citimortgage, Inc., MERSCORP, INC. a Virginia corporation, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a subsidiary of MERSCORP, Inc., a Delaware corporation, AIG UNITED GUARANTY CORPORATION, a foreign corporation, AMERICAN HOME MORTGAGE SERVICING, INC., Aurora Loan Services, LLC, Aztec Foreclosure Corporation, Bank of America, NA, California Reconveyance Company, Cal-Western Reconveyance Company, Central Mortgage Company, J.P. Morgan Chase Bank, Countrywide Home Loans, Inc., CR TITLE SERVICES, INC., EMC Corporation, Executive Trustee Services, Inc., FEDERAL HOME LOAN MORTGAGE CORPORATION, a Virginia corporation, FEDERAL NATIONAL MORTGAGE ASSOCIATION, a District of Columbia corporation, First Franklin Loan Services, First Horizon Home Loan Corporation, Met Life Group, Inc., Quality Loan Service Corp., GE Money Bank, an Ohio corporation, GMAC Mortgage, LLC, a Delaware Corporation, HSBC Mortgage Corporation, USA, Landmark Onestop, INC, Midland Mortgage Co., NATIONAL CITY MORTGAGE, a foreign company and a division of NATIONAL CITY BANK, a subsidiary of National City Corporation, NATIONAL CITY CORPORATION, a Delaware corporation and a subsidiary of PNC Financial Services, Inc., National Default Servicing Corporation, Option One Mortgage Corporation, PNC FINANCIAL SERVICES, INC., a Pennsylvania corporation, Recontrust Company, Saxon Mortgage Corporation, Suntrust Mortgage, T.D. Service Corporation, The Cooper Castle Law Firm, LLP fka The Cooper Christensen Law Firm, LLP, Deutsche Bank National Trust Company, American Broker's Conduit, America's Home Servicing, Homecomings Financial, THE BANK OF NEW YORK MELLON and WELLS FARGO BANK, N.A., a California corporation, dba WELLS FARGO HOME EQUITY and dba WELLS FARGO HOME MORTGAGE, a division of WELLS FARGO BANK, N.A., a California corporation
Plaintiffs:Lacy J Dalton, Nellie Aguilar, Dean Anderson, Emily Andrews, Jose Aurelio Apolinar, Jesus L Arevalo, Richard Aufiero, Sylvia T Aufiero, Christopher L Ballengee, Samantha P Anderson, Richard Beauchemin, Leslie Beauchemin, Peter M Beekhoff, James V. Bell, Justin Bennett, Nancy E Bennett, Valerie R Branca, Ramiro M Brenes, Aurelio Apolinar-Lopez, Betty J Burson, Karen L Celone, Harry R Cousins, David Douglas Dahl, Kay Dahl, Charles A Dimino, Kimberly A Dimino, Dimitri O Dintchev, Michael T Epps, Darryl J Feemster, Vivian M Feemster, Casimiro Jimenez Granados, Joni Ann Hammitt, Cary W Hembree, Charlene E. Hembree, David Hutler, Neil M Johnson, Holly A Kinney, James M Koschella, Teresa R Koschella, Maria R Leonard, Jennifer Lopez, John V Lynch, Ronica Lynch, Jami D McHenry, Michael McKeon, Wilfredo G Mariano, Agnes Mariano, John Mason, Bianca Mason, Gilbert J Mendoza, Gabriela T Mendoza, Jean Merkelbach, Christopher L Nelson, Gary A Newton, Pamela Penny, Phil Rutherford, Norma Pizzuto, Darren Dismuke, Wojciech Polanski, Mariola Polanski, Randall H Rees, June Ann Rees, Charise K Roberts, Todd C Roberts, Nigel Rudlin, Efrain Delarosa Saldana, Antonio Servidio, Sally Servidio, Jaswinder Singh, Varinder Kaur, Kip M Thompson, Helen T Thompson, Gabrielle C Thompson, Dimitritza Toromanova, Lenora M Vaeth, Joseph T Vaeth, Lauro C Vizcarra and Yesenia Vizcarra
Defendants:Citimortgage, Inc., MERSCORP, INC. a Virginia corporation, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a subsidiary of MERSCORP, Inc., a Delaware corporation, AIG UNITED GUARANTY CORPORATION, a foreign corporation, AMERICAN HOME MORTGAGE SERVICING, INC., Aurora Loan Services, LLC, Aztec Foreclosure Corporation, Bank of America, NA, California Reconveyance Company, Cal-Western Reconveyance Company, Central Mortgage Company, J.P. Morgan Chase Bank, Countrywide Home Loans, Inc., CR TITLE SERVICES, INC., EMC Corporation, Executive Trustee Services, Inc., FEDERAL HOME LOAN MORTGAGE CORPORATION, a Virginia corporation, FEDERAL NATIONAL MORTGAGE ASSOCIATION, a District of Columbia corporation, First Franklin Loan Services, First Horizon Home Loan Corporation, Met Life Group, Inc., Quality Loan Service Corp., GE Money Bank, an Ohio corporation, GMAC Mortgage, LLC, a Delaware Corporation, HSBC Mortgage Corporation, USA, Landmark Onestop, INC, Midland Mortgage Co., NATIONAL CITY MORTGAGE, a foreign company and a division of NATIONAL CITY BANK, a subsidiary of National City Corporation, NATIONAL CITY CORPORATION, a Delaware corporation and a subsidiary of PNC Financial Services, Inc., National Default Servicing Corporation, Option One Mortgage Corporation, PNC FINANCIAL SERVICES, INC., a Pennsylvania corporation, Recontrust Company, Saxon Mortgage Corporation, Suntrust Mortgage, T.D. Service Corporation, The Cooper Castle Law Firm, LLP fka The Cooper Christensen Law Firm, LLP, Deutsche Bank National Trust Company, American Broker's Conduit, America's Home Servicing, Homecomings Financial, THE BANK OF NEW YORK MELLON and WELLS FARGO BANK, N.A., a California corporation, dba WELLS FARGO HOME EQUITY and dba WELLS FARGO HOME MORTGAGE, a division of WELLS FARGO BANK, N.A., a California corporation
Plaintiffs:Lacy J Dalton, Nellie Aguilar, Dean Anderson, Emily Andrews, Jose Aurelio Apolinar, Jesus L Arevalo, Richard Aufiero, Sylvia T Aufiero, Christopher L Ballengee, Samantha P Anderson, Richard Beauchemin, Leslie Beauchemin, Peter M Beekhoff, James V. Bell, Justin Bennett, Nancy E Bennett, Valerie R Branca, Ramiro M Brenes, Aurelio Apolinar-Lopez, Betty J Burson, Karen L Celone, Harry R Cousins, David Douglas Dahl, Kay Dahl, Charles A Dimino, Kimberly A Dimino, Dimitri O Dintchev, Michael T Epps, Darryl J Feemster, Vivian M Feemster, Casimiro Jimenez Granados, Joni Ann Hammitt, Cary W Hembree, Charlene E. Hembree, David Hutler, Neil M Johnson, Holly A Kinney, James M Koschella, Teresa R Koschella, Maria R Leonard, Jennifer Lopez, John V Lynch, Ronica Lynch, Jami D McHenry, Michael McKeon, Wilfredo G Mariano, Agnes Mariano, John Mason, Bianca Mason, Gilbert J Mendoza, Gabriela T Mendoza, Jean Merkelbach, Christopher L Nelson, Gary A Newton, Pamela Penny, Phil Rutherford, Norma Pizzuto, Darren Dismuke, Wojciech Polanski, Mariola Polanski, Randall H Rees, June Ann Rees, Charise K Roberts, Todd C Roberts, Nigel Rudlin, Efrain Delarosa Saldana, Antonio Servidio, Sally Servidio, Jaswinder Singh, Varinder Kaur, Kip M Thompson, Helen T Thompson, Gabrielle C Thompson, Dimitritza Toromanova, Lenora M Vaeth, Joseph T Vaeth, Lauro C Vizcarra and Yesenia Vizcarra
Defendants:Citimortgage, Inc., MERSCORP, INC. a Virginia corporation, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a subsidiary of MERSCORP, Inc., a Delaware corporation, AIG UNITED GUARANTY CORPORATION, a foreign corporation, AMERICAN HOME MORTGAGE SERVICING, INC., Aurora Loan Services, LLC, Aztec Foreclosure Corporation, Bank of America, NA, California Reconveyance Company, Cal-Western Reconveyance Company, Central Mortgage Company, J.P. Morgan Chase Bank, Countrywide Home Loans, Inc., CR TITLE SERVICES, INC., EMC Corporation, Executive Trustee Services, Inc., FEDERAL HOME LOAN MORTGAGE CORPORATION, a Virginia corporation, FEDERAL NATIONAL MORTGAGE ASSOCIATION, a District of Columbia corporation, First Franklin Loan Services, First Horizon Home Loan Corporation, Met Life Group, Inc., Quality Loan Service Corp., GE Money Bank, an Ohio corporation, GMAC Mortgage, LLC, a Delaware Corporation, HSBC Mortgage Corporation, USA, Landmark Onestop, INC, Midland Mortgage Co., NATIONAL CITY MORTGAGE, a foreign company and a division of NATIONAL CITY BANK, a subsidiary of National City Corporation, NATIONAL CITY CORPORATION, a Delaware corporation and a subsidiary of PNC Financial Services, Inc., National Default Servicing Corporation, Option One Mortgage Corporation, PNC FINANCIAL SERVICES, INC., a Pennsylvania corporation, Recontrust Company, Saxon Mortgage Corporation, Suntrust Mortgage, T.D. Service Corporation, The Cooper Castle Law Firm, LLP fka The Cooper Christensen Law Firm, LLP, Deutsche Bank National Trust Company, American Broker's Conduit, America's Home Servicing, Homecomings Financial, THE BANK OF NEW YORK MELLON and WELLS FARGO BANK, N.A., a California corporation, dba WELLS FARGO HOME EQUITY and dba WELLS FARGO HOME MORTGAGE, a division of WELLS FARGO BANK, N.A., a California corporation

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whoever wrote the message about me, my name is Tony Servidio.  Feel free to call me directly, don't hide behind the comuter like a Coward.  I put up MY OWN money 30% down on each loan & lost over 3.8 Million of MY MONEY. So how did I scam anyone  ?  It's looser Bums like you writing on the internet without know the full story who are bad for the US.. Yes I filed TRO's because I did own the properties and it was my right to do so, as well as collecting the rents while I owend the propeties as well to pay my legal fee's. While I own the properties I can collect the rents and do what I want with my own money.

Again whoever the coward is behind the computer feel free to call me or better yet be a man and speak whatever you have to say to my face coward.

the same person who wrote that commnent is probally a Broke Looser who got 100% finacing on there primary residence, then refied to pull out cash, blew there money and then begged the banks for a loan mod & feel that you deserve it wtih NO money out of pocket !!  how does that make sense   ?
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Ho Hum
Ouch.
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Daddy of 7 wrote:
Yes but some of the people like sally and antonio servidio are trying to use this lawsuit to scam people about buildings owned. They tried to get a tro and stop property from being forclosed on and it did not work. If you look servidio up in the county recorders office you will find 194 records of antonio servidio with over hundred of them being liens because he does not pay his bills and notes. And the buildings he says he owns all but 4 properties have been sold. His million dollar home his buisiness partner is going to forclose on him because he owes 540000 dollars. I mean if it is a primary residance then i agree but several people are investment property holders who over extended themself and are trying to get over on system while trying to take rent for property they do not own or have not paid note on.

The case number is: 3:2009cv00534

82 plaintiff homeowners and so many Defendant mortgage servicers, bank, lenders, etc. I didn't take the time to count them.  The filing shows approximately 50 TRO's being filed today to enjoin foreclosures.

Plaintiffs:Lacy J Dalton, Nellie Aguilar, Dean Anderson, Emily Andrews, Jose Aurelio Apolinar, Jesus L Arevalo, Richard Aufiero, Sylvia T Aufiero, Christopher L Ballengee, Samantha P Anderson, Richard Beauchemin, Leslie Beauchemin, Peter M Beekhoff, James V. Bell, Justin Bennett, Nancy E Bennett, Valerie R Branca, Ramiro M Brenes, Aurelio Apolinar-Lopez, Betty J Burson, Karen L Celone, Harry R Cousins, David Douglas Dahl, Kay Dahl, Charles A Dimino, Kimberly A Dimino, Dimitri O Dintchev, Michael T Epps, Darryl J Feemster, Vivian M Feemster, Casimiro Jimenez Granados, Joni Ann Hammitt, Cary W Hembree, Charlene E. Hembree, David Hutler, Neil M Johnson, Holly A Kinney, James M Koschella, Teresa R Koschella, Maria R Leonard, Jennifer Lopez, John V Lynch, Ronica Lynch, Jami D McHenry, Michael McKeon, Wilfredo G Mariano, Agnes Mariano, John Mason, Bianca Mason, Gilbert J Mendoza, Gabriela T Mendoza, Jean Merkelbach, Christopher L Nelson, Gary A Newton, Pamela Penny, Phil Rutherford, Norma Pizzuto, Darren Dismuke, Wojciech Polanski, Mariola Polanski, Randall H Rees, June Ann Rees, Charise K Roberts, Todd C Roberts, Nigel Rudlin, Efrain Delarosa Saldana, Antonio Servidio, Sally Servidio, Jaswinder Singh, Varinder Kaur, Kip M Thompson, Helen T Thompson, Gabrielle C Thompson, Dimitritza Toromanova, Lenora M Vaeth, Joseph T Vaeth, Lauro C Vizcarra and Yesenia Vizcarra
Defendants:Citimortgage, Inc., MERSCORP, INC. a Virginia corporation, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a subsidiary of MERSCORP, Inc., a Delaware corporation, AIG UNITED GUARANTY CORPORATION, a foreign corporation, AMERICAN HOME MORTGAGE SERVICING, INC., Aurora Loan Services, LLC, Aztec Foreclosure Corporation, Bank of America, NA, California Reconveyance Company, Cal-Western Reconveyance Company, Central Mortgage Company, J.P. Morgan Chase Bank, Countrywide Home Loans, Inc., CR TITLE SERVICES, INC., EMC Corporation, Executive Trustee Services, Inc., FEDERAL HOME LOAN MORTGAGE CORPORATION, a Virginia corporation, FEDERAL NATIONAL MORTGAGE ASSOCIATION, a District of Columbia corporation, First Franklin Loan Services, First Horizon Home Loan Corporation, Met Life Group, Inc., Quality Loan Service Corp., GE Money Bank, an Ohio corporation, GMAC Mortgage, LLC, a Delaware Corporation, HSBC Mortgage Corporation, USA, Landmark Onestop, INC, Midland Mortgage Co., NATIONAL CITY MORTGAGE, a foreign company and a division of NATIONAL CITY BANK, a subsidiary of National City Corporation, NATIONAL CITY CORPORATION, a Delaware corporation and a subsidiary of PNC Financial Services, Inc., National Default Servicing Corporation, Option One Mortgage Corporation, PNC FINANCIAL SERVICES, INC., a Pennsylvania corporation, Recontrust Company, Saxon Mortgage Corporation, Suntrust Mortgage, T.D. Service Corporation, The Cooper Castle Law Firm, LLP fka The Cooper Christensen Law Firm, LLP, Deutsche Bank National Trust Company, American Broker's Conduit, America's Home Servicing, Homecomings Financial, THE BANK OF NEW YORK MELLON and WELLS FARGO BANK, N.A., a California corporation, dba WELLS FARGO HOME EQUITY and dba WELLS FARGO HOME MORTGAGE, a division of WELLS FARGO BANK, N.A., a California corporation
Plaintiffs:Lacy J Dalton, Nellie Aguilar, Dean Anderson, Emily Andrews, Jose Aurelio Apolinar, Jesus L Arevalo, Richard Aufiero, Sylvia T Aufiero, Christopher L Ballengee, Samantha P Anderson, Richard Beauchemin, Leslie Beauchemin, Peter M Beekhoff, James V. Bell, Justin Bennett, Nancy E Bennett, Valerie R Branca, Ramiro M Brenes, Aurelio Apolinar-Lopez, Betty J Burson, Karen L Celone, Harry R Cousins, David Douglas Dahl, Kay Dahl, Charles A Dimino, Kimberly A Dimino, Dimitri O Dintchev, Michael T Epps, Darryl J Feemster, Vivian M Feemster, Casimiro Jimenez Granados, Joni Ann Hammitt, Cary W Hembree, Charlene E. Hembree, David Hutler, Neil M Johnson, Holly A Kinney, James M Koschella, Teresa R Koschella, Maria R Leonard, Jennifer Lopez, John V Lynch, Ronica Lynch, Jami D McHenry, Michael McKeon, Wilfredo G Mariano, Agnes Mariano, John Mason, Bianca Mason, Gilbert J Mendoza, Gabriela T Mendoza, Jean Merkelbach, Christopher L Nelson, Gary A Newton, Pamela Penny, Phil Rutherford, Norma Pizzuto, Darren Dismuke, Wojciech Polanski, Mariola Polanski, Randall H Rees, June Ann Rees, Charise K Roberts, Todd C Roberts, Nigel Rudlin, Efrain Delarosa Saldana, Antonio Servidio, Sally Servidio, Jaswinder Singh, Varinder Kaur, Kip M Thompson, Helen T Thompson, Gabrielle C Thompson, Dimitritza Toromanova, Lenora M Vaeth, Joseph T Vaeth, Lauro C Vizcarra and Yesenia Vizcarra
Defendants:Citimortgage, Inc., MERSCORP, INC. a Virginia corporation, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a subsidiary of MERSCORP, Inc., a Delaware corporation, AIG UNITED GUARANTY CORPORATION, a foreign corporation, AMERICAN HOME MORTGAGE SERVICING, INC., Aurora Loan Services, LLC, Aztec Foreclosure Corporation, Bank of America, NA, California Reconveyance Company, Cal-Western Reconveyance Company, Central Mortgage Company, J.P. Morgan Chase Bank, Countrywide Home Loans, Inc., CR TITLE SERVICES, INC., EMC Corporation, Executive Trustee Services, Inc., FEDERAL HOME LOAN MORTGAGE CORPORATION, a Virginia corporation, FEDERAL NATIONAL MORTGAGE ASSOCIATION, a District of Columbia corporation, First Franklin Loan Services, First Horizon Home Loan Corporation, Met Life Group, Inc., Quality Loan Service Corp., GE Money Bank, an Ohio corporation, GMAC Mortgage, LLC, a Delaware Corporation, HSBC Mortgage Corporation, USA, Landmark Onestop, INC, Midland Mortgage Co., NATIONAL CITY MORTGAGE, a foreign company and a division of NATIONAL CITY BANK, a subsidiary of National City Corporation, NATIONAL CITY CORPORATION, a Delaware corporation and a subsidiary of PNC Financial Services, Inc., National Default Servicing Corporation, Option One Mortgage Corporation, PNC FINANCIAL SERVICES, INC., a Pennsylvania corporation, Recontrust Company, Saxon Mortgage Corporation, Suntrust Mortgage, T.D. Service Corporation, The Cooper Castle Law Firm, LLP fka The Cooper Christensen Law Firm, LLP, Deutsche Bank National Trust Company, American Broker's Conduit, America's Home Servicing, Homecomings Financial, THE BANK OF NEW YORK MELLON and WELLS FARGO BANK, N.A., a California corporation, dba WELLS FARGO HOME EQUITY and dba WELLS FARGO HOME MORTGAGE, a division of WELLS FARGO BANK, N.A., a California corporation
Plaintiffs:Lacy J Dalton, Nellie Aguilar, Dean Anderson, Emily Andrews, Jose Aurelio Apolinar, Jesus L Arevalo, Richard Aufiero, Sylvia T Aufiero, Christopher L Ballengee, Samantha P Anderson, Richard Beauchemin, Leslie Beauchemin, Peter M Beekhoff, James V. Bell, Justin Bennett, Nancy E Bennett, Valerie R Branca, Ramiro M Brenes, Aurelio Apolinar-Lopez, Betty J Burson, Karen L Celone, Harry R Cousins, David Douglas Dahl, Kay Dahl, Charles A Dimino, Kimberly A Dimino, Dimitri O Dintchev, Michael T Epps, Darryl J Feemster, Vivian M Feemster, Casimiro Jimenez Granados, Joni Ann Hammitt, Cary W Hembree, Charlene E. Hembree, David Hutler, Neil M Johnson, Holly A Kinney, James M Koschella, Teresa R Koschella, Maria R Leonard, Jennifer Lopez, John V Lynch, Ronica Lynch, Jami D McHenry, Michael McKeon, Wilfredo G Mariano, Agnes Mariano, John Mason, Bianca Mason, Gilbert J Mendoza, Gabriela T Mendoza, Jean Merkelbach, Christopher L Nelson, Gary A Newton, Pamela Penny, Phil Rutherford, Norma Pizzuto, Darren Dismuke, Wojciech Polanski, Mariola Polanski, Randall H Rees, June Ann Rees, Charise K Roberts, Todd C Roberts, Nigel Rudlin, Efrain Delarosa Saldana, Antonio Servidio, Sally Servidio, Jaswinder Singh, Varinder Kaur, Kip M Thompson, Helen T Thompson, Gabrielle C Thompson, Dimitritza Toromanova, Lenora M Vaeth, Joseph T Vaeth, Lauro C Vizcarra and Yesenia Vizcarra
Defendants:Citimortgage, Inc., MERSCORP, INC. a Virginia corporation, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a subsidiary of MERSCORP, Inc., a Delaware corporation, AIG UNITED GUARANTY CORPORATION, a foreign corporation, AMERICAN HOME MORTGAGE SERVICING, INC., Aurora Loan Services, LLC, Aztec Foreclosure Corporation, Bank of America, NA, California Reconveyance Company, Cal-Western Reconveyance Company, Central Mortgage Company, J.P. Morgan Chase Bank, Countrywide Home Loans, Inc., CR TITLE SERVICES, INC., EMC Corporation, Executive Trustee Services, Inc., FEDERAL HOME LOAN MORTGAGE CORPORATION, a Virginia corporation, FEDERAL NATIONAL MORTGAGE ASSOCIATION, a District of Columbia corporation, First Franklin Loan Services, First Horizon Home Loan Corporation, Met Life Group, Inc., Quality Loan Service Corp., GE Money Bank, an Ohio corporation, GMAC Mortgage, LLC, a Delaware Corporation, HSBC Mortgage Corporation, USA, Landmark Onestop, INC, Midland Mortgage Co., NATIONAL CITY MORTGAGE, a foreign company and a division of NATIONAL CITY BANK, a subsidiary of National City Corporation, NATIONAL CITY CORPORATION, a Delaware corporation and a subsidiary of PNC Financial Services, Inc., National Default Servicing Corporation, Option One Mortgage Corporation, PNC FINANCIAL SERVICES, INC., a Pennsylvania corporation, Recontrust Company, Saxon Mortgage Corporation, Suntrust Mortgage, T.D. Service Corporation, The Cooper Castle Law Firm, LLP fka The Cooper Christensen Law Firm, LLP, Deutsche Bank National Trust Company, American Broker's Conduit, America's Home Servicing, Homecomings Financial, THE BANK OF NEW YORK MELLON and WELLS FARGO BANK, N.A., a California corporation, dba WELLS FARGO HOME EQUITY and dba WELLS FARGO HOME MORTGAGE, a division of WELLS FARGO BANK, N.A., a California corporation

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Attn:  "Daddy of 7"  are you one of those Bums living off the system, having the US Tax payers supporting your 7 kids  ?

this 1 time, I will give you a FREE  30 Minute consultation so I can better educate you reguarding this case and Loan Fraud and was has happend in this country. My time is valuable but I can't stand to see STUPID people making coments about a case or lawsuit or MY personal situation without properly being educated and aware of all the facts and details.

Good day and God Bless

my number is 310-707-7753

Tony Servidio


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Has any one been defrauded by EMC MORTGAGE CORPORATION? I have been fighting them for 3 years to get a loan modification. First, I was in litigation for over 3 years charging them with mortgage fraud. The judge dismissed the case because my complaint (so he says was not in legal format) . I could not afford an attorney. My house was taken out of foreclosure status. Now its back in active foreclosure as of March 1,2011, this started on 5 /2008. I am still in my home and I don't know what to do now. Everytime I would fax a loan modification It would get lost in their company. No one would get back to me. I received no letter about the status. Calling them they would tell me verbally I did not qualify for a modification, but they would never put it in writing. I have went to the Attorney General, The Federal Trade Commission, the Circuit Court  of Cook Count. Can anyone out there help!!             
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http://dockets.justia.com/docket/nevada/nvdce/2:2011cv01991/84886/

This is my case, I was awarded a temporary restraining order, and the foreclosure sale happened anyway. I'm writing up a motion to set aside and its due in a couple of days. 
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Bill

miss Catt2 wrote:
Has any one been defrauded by EMC MORTGAGE CORPORATION? I have been fighting them for 3 years to get a loan modification. First, I was in litigation for over 3 years charging them with mortgage fraud. The judge dismissed the case because my complaint (so he says was not in legal format) . I could not afford an attorney. My house was taken out of foreclosure status. Now its back in active foreclosure as of March 1,2011, this started on 5 /2008. I am still in my home and I don't know what to do now. Everytime I would fax a loan modification It would get lost in their company. No one would get back to me. I received no letter about the status. Calling them they would tell me verbally I did not qualify for a modification, but they would never put it in writing. I have went to the Attorney General, The Federal Trade Commission, the Circuit Court  of Cook Count. Can anyone out there help!!             


Are you in a judicial state or non-judicial state?  You really haven't posted enough information to get a lot of feedback. 

I would caution you that a lot of foreclosures seem to be "dual tracked".  This means that while they are stringing you along with a modification they are ALSO proceeding with a foreclosure.  IF you fail to defend the foreclosure action properly because you THINK you are getting a modification or in the process you very likely will lose your home.  I would tend to focus on defending my home in court and any modification efforts would be my secondary concern, but I would cooperate with a modification effort.  Don't sit on your hands waiting for a modification.

Quote:

The judge dismissed the case because my complaint (so he says was not in legal format)


One general suggestion is to go to the county court house, find several foreclosure cases that the homeowner was represented by an attorney, and make a copy of the pleadings.  This usually will help in two ways.  First, it will give you the correct format used and accepted by your jurisdiction.  Second it will give you some cases that MAY support your arguments.  I do say MAY because it does depend on the QUALITY of representation in that case and the facts in your case.  This may NOT be as easy as you think.  You may be required to drive to a different county to get copies of pleadings, but as with most things in life, you have to balance time vs. money.  You need to pay an attorney or you need to spend a great amount of time doing the research and running down documents to hopefully defend your home successfully. 

 Pleadings off the Internet don't have a lot of value.  Read  and understand the local rules, get into the court house, get into a brick and mortar legal library.

Best of luck to you.  If you can find an attorney it is usually best to be represented.  Defending your home Pro Se is a lot of work but if you put the time in you can usually throw enough sand in the gears to cause quite a few problems. 

I'm not an attorney, this isn't legal advice.
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Bill
Quote:

The judge dismissed the case because my complaint (so he says was not in legal format)

One last thing to consider is the COST of bringing an unsuccessful suit against the Banks.  There is a cost even when you are unrepresented.  If you bring these suits against the bank and LOSE or have the case DISMISSED you in many jurisdictions are going to be required to pay the defendant's costs.  These can be SUBSTANTIAL and many time eclipse the cost of being represented by an attorney from the get-go.

Make sure all of your ducks are in a row.
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ka
Bill:

This is an older thread revived by Jennifer's post of earlier today.  By contrast, miss Catt2's post to which you are responding dates from March.

While some cases move at a glacial pace, if miss Catt2 didn't get some help and get her defense together by now, some nine months later, this may be a waste of energy.

To the extent that this thread was overlooked, miss Catt2 probably would have found it to her advantage to repost and get the thread some more attention.  Absent some indication that she is still lurking in the Forum and in need of help, I think that we can probably put this to bed.

P.S. -- The best known Cook County and by population the largest is Cook County, Illinois, where Chicago is located.  Probability favors Illinois as miss Catt2's jurisdiction.
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Sorry about who I replied to, error on my part

I am in a non judicial state, I filed a motion in Federal District Court of Nevada, along with Exparte Motion for Temporary restraining order based on my likelyhood of prevailing, and imminent danger of wrongful loss of my primary residence. I was given the restraining order which I served upon the financial institution, the trustee, and Nevada Legal News, which is were the sale was held, and the sale was allowed to continue anyway. I have 10 days (3 left) to file a Motion to set aside the trustee sale, and Motion for hearing regarding the illegal foreclosure. I'm on track to get that done. I've had difficulty locating a case where this has happened. 
thank you

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