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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Linked are my notes from a conversation between Martin Andelman and Attorney Philip Kramer of the law firm Kramer & Kaslow. Kramer & Kaslow have Mass Joinder lawsuits against the major banks all over the country. They have also been the victim of significant false advertising not of their making. A link to the actual podcast is cited at the end of the article.

http://www.mortgage-mod-monster.com/mass-joinder-lawsuit/
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Bill

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Until the summer of 2010, I represented three outstanding mortgage modification companies fundamentally backed by national attorneys.

Since June, paying a third party to negotiate your mortgage modification or short sale is a waste of money. The nation’s mortgage servicers learned that no one was going to hold them accountable to negotiate a mortgage modification or short sale in good faith – unless they foreclosed illegally. For your part, you can’t complain about a free house. In the US, no one gets prosecuted for being stupid, i.e. ignore a mortgage modification or short sale application. But foreclose while a duly submitted mortgage modification or short sale application is under consideration, (and you can prove it) and the mortgage servicer gets their knuckles rapped. How about a free house?

For 2011, third party negotiators can’t do anything you can’t do yourself. The solution is to prepare yourself with the same unbiased calculations the banks use to calculate the Net Present Value of your property and your hardship.

To date, we’ve run approximately 1500 REST Reports. Of the ones that have gone to court as foreclosure defenses, every single one has been welcomed by the foreclosure judge as unbiased proof of a foreclosure solution that stands up to the most critical scrutiny. The judge brings his gavel down on the knuckles of your clueless mortgage servicer and makes it clear that he will hold the servicer legally accountable to good faith negotiations – as evidenced by the calculations of that same REST Report. (Want a court transcript? I’ll send you and/or your judge one.)

I also represent an investor that will make a short sale cash offer to your bank and negotiate your mortgage deficiency based on your hardship circumstance if that is better for you. The time to avoid a mortgage deficiency is before the sale. After foreclosure, you are at the mercy of your lender for the deficiency forever.

Anything but foreclosure or bankruptcy!

http://www.mortgage-mod-monster.com/credentials/

The more you post, the less credibility you have.  ANYONE SHOULD RUN FROM THESE SCAMMERS AS SOON AS THEY MENTION A FREE HOUSE.  I do think it is true, that a 3rd party can't do anything for you that you can't do yourself.   This includes obtaining the information in the REST Report yourself for FREE.  Keep your wallet in your pocket. 
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Boy .Forget to update an interior blog page and you're a crook!
OK. I'm a scammer - but only because you don't do your research.
You can't find a dissatisfied REST customer. So there.

And you can't find calculations like NPV that will stand up in court without the REST. So there. For instance, the calculations on the HAMP site will not stand up.

In fact, a Buffalo, NY judge ripped up a mortgage for a distressed homeowner who had been victimized by the bank. That was a year or two ago.

You need an attorney for a Demand the Note strategy.

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Mark

"pompapah" is none other than the notorious scam artist known as Chris Dix amongst other aliases.  He visits the site solely to peddle a foreclosure rescue scam employing what is termed the "REST Report".  This is a known swindle being perpetrated on desparate borrowers by Mr. Brian Colombana, Mr. Martin Andelman and a number of other franchised scam operators, including this person calling himself Chris Dix.

Mr. Dix SPAMs legitimate foreclosure defense web sites to try to draw traffic and new victims to his site.

See the thread:


Rest Reports

http://ssgoldstar.websitetoolbox.com/post?id=5385153

 

If you are contacted by Mr. Dix, using the name pompapah or any of his other many aliases, or contacted by any of his confederates, you should consider reporting him to appropriate law enforcement authorities.

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Bill

pompapah wrote:
Boy .Forget to update an interior blog page and you're a crook!
OK. I'm a scammer - but only because you don't do your research.
You can't find a dissatisfied REST customer. So there.

And you can't find calculations like NPV that will stand up in court without the REST. So there. For instance, the calculations on the HAMP site will not stand up.

In fact, a Buffalo, NY judge ripped up a mortgage for a distressed homeowner who had been victimized by the bank. That was a year or two ago.

You need an attorney for a Demand the Note strategy.

1.  You don't need an attorney for the Demand the Note strategy, and this also has been shown recently to NOT be a great defense with the way mortgage foreclosures have evolved. 

2.  If you any claims that a NY judge ripped up a mortgage you need to:
     a.  Post the case
     b.  Show how this had anything to do with REST.

3.
Quote:
And you can't find calculations like NPV that will stand up in court without the REST. So there. For instance, the calculations on the HAMP site will not stand up.


It would seem pretty ignorant to suggest the a court will not rely on calculations from HAMP when you are applying for a HAMP modification.  Not only can you go to the treasury website and figure out your NPV but you can also call the resolution center and they will assist you further with finding out if you are qualified for a HAMP modification all for FREE. 

If you claim that REST HAS BEEN ACCEPTED in court, you also need to post the cases.  Not just your "statements" that one is acceptable and one is not.  Rather than saying a REST report is admissible or not (a legal conclusion) I'm saying the information in a REST report is available for FREE. 

What is admissible in court is dependent on AND decided by the court.  The courts have very broad discretion in deciding what is evidence.   
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FnDoomed
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Mark:  This is a known swindle being perpetrated on desparate borrowers by Mr. Brian Colombana, Mr. Martin Andelman and a number of other franchised scam operators, including this person calling himself Chris Dix.


Hold it.  Martin ANDELMAN is a scammer?   Are you sure of that fact?  I've become rather fond of his articles...



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dave
Quote:
Hold it. Martin ANDELMAN is a scammer? Are you sure of that fact? I've become rather fond of his articles...


At first, many people thought that Neil Garfield was actually trying to help borrowers, too.  But his dishonest and unscrupulous practices have been being exposed recently, as well.

These people have found that being foreclosure defense activists can be very profitable.  This is profitable work for those operating swindles.  Those dealing with people honestly can barely break even.

Mr. Andelman is selling the REST Reports.  He made a choice.  Check the posts and the various fraud message boards.  Some say he is only making a small commission on the fraud.  But if you are selling a scam, but only making a nominal profit as the victim incurs an enormous loss, does that mean you are only a little crooked?
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Mark wrote:

"pompapah" is none other than the notorious scam artist known as Chris Dix amongst other aliases.  He visits the site solely to peddle a foreclosure rescue scam employing what is termed the "REST Report".  This is a known swindle being perpetrated on desparate borrowers by Mr. Brian Colombana, Mr. Martin Andelman and a number of other franchised scam operators, including this person calling himself Chris Dix.

Mr. Dix SPAMs legitimate foreclosure defense web sites to try to draw traffic and new victims to his site.

See the thread:


Rest Reports

http://ssgoldstar.websitetoolbox.com/post?id=5385153

 

If you are contacted by Mr. Dix, using the name pompapah or any of his other many aliases, or contacted by any of his confederates, you should consider reporting him to appropriate law enforcement authorities.



You, Mark, are a fool, liar, and more dangerous than Jami Dimon
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FnDoomed
I did pull this off andelman's site:

Straight Talk About the REST Report, Loan Modifications, Stopping Preventable Foreclosure and Scams


Quote:
If someone says that their report is somehow better… or that what I’ve said about the REST Report is in anyway less than true… I want to know… contact me… lets shine a giant light on this topic… BECAUSE THEY ARE WRONG OR LYING… period.  So,  if someone doesn’t know of the REST Report, or doesn’t know enough about it… let’s all get on the phone together and get things nailed down.


The claims are a stretch... I'm bummed...

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it’s the only tool I’ve ever seen make a significant difference for homeowners, and having run 4,000 reports to-date, I think the results are clear and they are overwhelmingly positive.



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You are wrong about the REST Report... and about me.  I've worked essentially 7 days a week for two and a half years, and long days at that writing 500 articles... and not short articles by the way... all of which were written to help homeowners in one way or the other.  Its been a huge personal sacrifice and I wouldn't do it again.

I make no money on my blog, I do not allow advertising, and I've never been paid a nickel for referring anyone anywhere, nor have I ever been paid by a homeowner for anything.

Also, I don't sell REST Reports.  When the people behind REST came to me, they were able to prove that they were not offering a toy or a scam, but something that could help homeowners push back to get their loans modified.  I agreed to tell the lawyers I knew about the REST platform and help them learn to use the system.

I made no money for doing this for the first year.  After that, I agreed to start receiving a very small amount on each report from REST... a very, very small amount, especially when you consider the time involved.

Now, let me be very clear about when the REST Report can help get a loan modified or why I say I would use it.  The REST Report shows a homeowner all of the numbers involved in the servicer's decision to modify or foreclose.  It shows, not just whether the homeowner should pass the NPV, but also the actual numbers down to the penny.

When a homeowner gets denied by the servicer, he or she can use the REST Report to push back... first by asking to see the inputs the bank used to run the NPV test to make sure there were no data entry errors, which there almost always are.  And next to make sure that the bank isn't valuing the home incorrectly, which they often do.  

That's all the REST Report is for... to provide the homeowner with the details behind the decision.  It shows whether the investor would make more money modifying or foreclosing.

I've just presented the REST Report to members of the Hawaii legislature, and am taking it to Ohio, Nevada and Florida as well.  I think there's no question that if the REST Report were used in state mediation programs... those programs would work much more effectively... and I'm proposing the states test the effectiveness of the reports on that process, because every time its been used to-date in mediation, the outcome has favored the borrower.

Now, I don't allow anyone to use testimonials to market the REST Report because it would be deceptive.  Just because someone used a REST Report and got their loan modified doesn't mean anyone else will do the same, or that it was the report that did the trick.  Each loan modification is unique... one has no bearing on another and servicers are inconsistent as hell.

And when someone asks me what percentage of REST Reports get loan modifications I always answer: 0%, because REST Reports don't get loans modified, people get loans modified.  

Can you try to get your loan modified without a REST Report... of course you can and 99.9% of people do just that every day.  But it sucks... the process sucks... the servicers suck... the government doesn't care one way or the other and neither do the courts.  The only consistent thing about trying to get a loan modified is that it's consistently horrific... and that no one cares.

Now, consider this... I've talked to more people trying to get loans modified all over the country than perhaps anyone... I don't really know... but probably more than any other single person.  I hear from at least 15 homeowners a day and I take calls into the night.  And I talk to lawyers trying to help homeowners save homes every single day for the last 2.5 years, except maybe Christmas one year and on a couple of vacations, although few and far between.

I've certainly seen what doesn't work.  I've seen the horrors that the banks and governments have caused and continue to allow to happen.  And I've seen hundreds of homeowners use the REST Report and have a better time of it, or use the report and turn things around at the last minute... and all sorts of other positive outcomes.  Lawyers who have experience using the report also say that it makes the process better... not perfect... nothing close... just better.

The problem with the reports is their cost is much more than I thought it would be, most law firms charge about $700-$800... but it's not the reports that cost that much, it's the time involved in working with a homeowner to get the report run and then going over it with the homeowner so he or she will understand what it shows and how to use it.  

Everyone I've asked I hear that it takes 3-4 hours and often times longer than that, and the volume is very low.  A law firm might run a dozen reports in a month, most less than that, and only one or two do more.  No one is getting rich running REST Reports.

I'm talking to the state mediation programs and it looks like a couple of state programs will test the reports, so hopefully that will make them available to homeowners without the cost or at a lower cost.

Last thing I want to say... I totally understand that there's just so much scammy crap out there targeting homeowners that its impossible to know what's what, (that's why I stopped writing about the reports last year and started talking to others like state programs.)  And I also understand that homeowners have every right to be more than angry at the whole situation... every single aspect of it.

So, I understand why it's easy to lump me into some group of war profiteers if you don't know me from Adam.  But, I've done everything I've done to try to stop this nightmare and help people get through it.  I've made a difference however small, and I've spent my own money doing it... ask my wife, I'll put you in touch anytime.

Every time I want to quit, I get emails from homeowners thanking me for what I'm doing so I keep going day after day... it's not easy, in fact it's the hardest thing I've ever done.  I hope every day that I'm doing the right things and as much as I can to continue the fight because it's not going to be over for a long time and we need more people engaged in the battle.  If you don't think that's true, then just wait... I'm quite sure that I'll seem smarter every year.

And I'm easy to reach and easy to talk to, so if anyone wants to discuss anything about the crisis or the reports... or anything else for that matter... they are totally welcome to get in touch.  I've said that before and yet it seems that the people that want to call me a scammer or whatever don't want to talk to me... I think they like having their opinions and don't want to hear the boring truth.

Consider this... I think everyone knows that I have a lot of readers and have certainly had millions over the last two years.  So, why not sell advertising on my site?  Why not get into the biz and sell something?  Does anyone think that someone would devote the time to write 500 in-depth articles just to get someone to run a report, but then not sell advertising or anything else for that matter?  

Do you know how much work it is to write 500 articles... many of which are long, in-depth articles?  And by the way, writing long articles isn't exactly a traffic builder... the "rule" of blogging is to write "short posts."  Don't you think there are easier ways to "sell reports" if that's what I was trying to do?  Click though the archives and read a few things from months or years ago... I don't think one can "lie" through 500 articles.

Anyway, I've gone on too long already... it's tragic what has gone on in this country and I fear it will get a lot worse before it gets better.  I wish I could have done more to make the REST Report more available and less costly two years ago... then again, maybe it wouldn't have mattered anyway... who knows. 

So, read my column... or don't... I certainly can't stop people from saying on-line whatever they're going to say about me.  I've come to realize that being well known means that a few people are going to attack you no matter what. It sucks... but it is the price of putting yourself out there and not being anonymous, I suppose.  And I guess I'm happier to have tried and made some difference than i would be at home yelling at my television set.  

Martin








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John Lewis

Originally Posted by pompapah

 

In fact, a Buffalo, NY judge ripped up a mortgage for a distressed homeowner who had been victimized by the bank. That was a year or two ago.”

 

In response Bill Posted in part:

 

“2. If you any claims that a NY judge ripped up a mortgage you need to:
a. Post the case
b. Show how this had anything to do with REST.”

Martin Andelman posted,  in part:

 

“You are wrong about the REST Report... and about me [Andelman].

 

My question is why can’t either “pompapah” or “Martin Andelman” just simply answer Bill’s question and provide the case wherein a “NY Judge” “rip[ed]… up [the] mortgage”?  Simple request is it not?

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Bill
John Lewis wrote:

Originally Posted by pompapah

 

In fact, a Buffalo, NY judge ripped up a mortgage for a distressed homeowner who had been victimized by the bank. That was a year or two ago.”

 

In response Bill Posted in part:

 

“2. If you any claims that a NY judge ripped up a mortgage you need to:
a. Post the case
b. Show how this had anything to do with REST.”

Martin Andelman posted,  in part:

 

“You are wrong about the REST Report... and about me [Andelman].

 

My question is why can’t either “pompapah” or “Martin Andelman” just simply answer Bill’s question and provide the case wherein a “NY Judge” “rip[ed]… up [the] mortgage”?  Simple request is it not?

Because there isn't one. 

There ARE a handful of cases that have been decided in favor of the borrower that would preclude the Plaintiff from foreclosing such as U.S. Bank v. Harpster, but the reason for this decision was usually do to FRAUD and had nothing to do with the REST Report. 

I personally am not challenging the REST Report.  I don't doubt that it contains their version of the NPV.  In the hands of a capable attorney this MAY be useful in obtaining a modification.  Here are the PROBLEMS with the REST Report:

1. The lender is not obligated to modify your loan.
2. The information they are SELLING (no matter what they say) is available for free.  

Taking these things into consideration, rather than charging a low fee to run the report, they are charging a LARGE fee to obtain this report.  In order to justify this LARGE fee, they begin to make false claims about it's uses. 

Mr. Dix has said several times he GUARANTEES a modification or short sale.  This is not a guarantee he or anyone else can make. 

He makes suggestions on his website that you could get a free house by the Bank's failure to provide a modification or their misdeeds because of the REST Report.  Nothing could be further from the truth.

He makes CLAIMS of how his report is accepted by the courts but all other methods of obtaining the same information is not.  Mr. Dix has failed to provide any proof at all that a REST Report has even made it to the court house steps. 

He makes CLAIMS of how his report has been used in several cases successfully in litigation, but again, has failed to provide a single case out of the alleged 4000 "satisfied customers" or that even 4000 REST Reports have been run. 

Rather than support his assertions with some kind of facts, his only response when challenged is for us to google the report and do the research.

He is a complete scammer.  If Mr. Andelman supports Mr. Dix in his assertions, then we can easily lump him into the same category with this scammer.  Mr. Dix is akin to the old snake oil salesman.  They use to sell an alcohol elixir that was claimed to help all kinds of ailments.  While it did have some uses (you could get drunk from drinking it), it ALWAYS fell short of fulfilling it's claims and cheated hard working people that didn't know better out of their money. 

MR. ANDELMAN, I CHALLENGE YOU TO COME FORWARD AND REFUTE ALL THE LIES MR. DIX IS SPREADING ABOUT THE REST REPORT.    
 
   
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Moose
I don't question Martin Andelman's integrity - again, I think he believes servicers can somehow be expected to play by certain rules and that the REST Report analysis would somehow induce proper behavior on the part of servicers and their counsel.

All I really still want to know is who would appear to be deposed or testify when and if a REST Report were introduced in court where expert testimony comes into play.

Moose






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William A. Roper, Jr.

Quote:
Moose said:

I don't question Martin Andelman's integrity - again, I think he believes servicers can somehow be expected to play by certain rules and that the REST Report analysis would somehow induce proper behavior on the part of servicers and their counsel.


Moose, I beg to differ!  You are being far too charitable!!

The "REST Report" is unquestionably a SCAM.  Mr. Martin Andelman's association with this SCAM is to his discredit.

Mr. Andelman's endorsement of this product at a minimum reflects exceptionally poor judgment

If he continues to tout this product, which is certainly a RIP OFF, then this also implicates his integrity.

*

Throughout our lifetimes, we see folks on television, radio, in newspapers, magazines and other publications and now on the Internet promoting and hawking various products.  Celebrities and other public figures do this all of the time.  Very often, the products being hawked are far from the highest quality or best priced in the marketplace.  To the contrary, the costs associated with celebrity promotions and advertising must necessarily drive the price of a product or service higher.

Mr. Andelman is no celebrity.  But he has, in the past, established some baseline measure of trust with his followers.

For Mr. Andelman to endorse and hawk this product is very clearly a breach of that trust.  Given the various disclaimers, whether a victim of the REST Report SCAM can maintain a successful cause of action against Mr. Andelman, Chris Dix or other scam artists, is uncertain.  But the report is both OVERPRICED and USELESS to a distressed borrower. 

Moreover, I am quite confident that faced with discovery in either a criminal or civil setting that the claims made by Mr. Chris Dix can be demonstrated to be fraudulentMr. Andelman's defense of this product and Mr. Dix in express consideration of these fraudulent claims may very well implicate Mr. Andelman in this fraud even if Mr. Andelman didn't make the statements himself!
 
And Mr. Andelman ought to be very ashamed of himself!

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Bill... I don't know anything about the claims you seem to be talking about... a Buffalo judge ripping up a mortgage because of a report?  I have no idea what we're talking about.  What other claims are you talking about?  Is someone saying I made such a claim?  Show me where I made such a statement and eat my hat.  It's not true, I've never said it, written it, thought it... dreamed it... I have nothing to do with that sentence... nothing.

I don't have time to search the net for comments and I'm not very technically adept... it took me two days to figure out how to find this thread to reply to your challenge... and I'm way behind in my blog reading, so if you've found something that purports to be stated by me, please direct me to it so I can try to put a stop to it immediately.  

Now, Mr. Roper... I would never do anything to betray anyone's trust. I have thousands of heartfelt emails thanking me for what I've done and do.  I don't charge anyone anything ever.  You've read what I said about the REST Reports and I stand behind every word I write.  I have no idea what Chris Dix said to anyone and Chris Dix does not work for me.  Do you have anything specific to say in response to what I've said?

If REST Reports are such a scam, why is there never anyone that's actually seen one or used one criticizing it.  Why is it only those with no actual experience with the reports that are so sure they offer no value?  

I'm happy to send anyone a sample report... are those on this thread interested in looking at what it provides?  We could discuss it from there.  Or, would you prefer to do that off line to prevent me from secretly using it as an advertising opportunity, SOMETHING I NEVER DO, by the way?  We could do that too.

Here's an article I wrote about the REST Report the morning after I read the Dodd-Frank bill ... I believe I've written four and I'll try to find them...


Here's another:

And another...

And here's what I wrote last year to cover everything I've had learned about loan modifications by that time.  It's probably the longest blog post on record, so I'm sure it made one heck of a marketing piece, but I did receive a dozen or so thank you's for writing it, for whatever that's worth, and according to Google Analytics, about 1200 people read it.


That's all I have to say for now, if you want to have a real discussion, I'm up for it, but the last time I tried this on some scam site, all the anonymous posters kept doing is saying the same stuff over and over again and I started to feel like an idiot for even responding.

I don't own the REST Report, and I don't sell the REST Report... but I certainly do license use of the system and my wife does work with the company by helping train people and make sure reports are run correctly... and as I've said, we've done what we've done for no money for the first year, and very little money since then... and none if it from homeowners.

What else would you like to know... you're welcome to come over to house and hang out with us for a few days, if you'd like, and see how we run our criminal empire... lol.  But I'm serious, if you live in So Cal, let me know and come on over.


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Texas
Interesting. Pompapah!

http://www.docufileshare.com/members/profile/7/pompapah

Appears like deep water shark trolling.

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I do sell the REST Report. It works.
I have the magic hammer.

At no place or time have I guaranteed a mortgage modification.
I've posted more than once, but no one heeds, the REST Report calculates EITHER a mortgage modification or a short sale. Can you people read?

I had read a story about a judge ripping up a mortgage a year or two ago. So what?
If you'd bother to read more than any one sentence, a mortgage modification is a new monthly mortgage payment that is 31% of one's new monthly gross income. This is standard, available information. You guys are so convinced that nothing will work that everyone is a scammer. Never mind reading the research. Why would you do that?

Flaming is endemic to the internet. Now what? Can anyone of you discern educated comments versus flaming? Doesn't appear so.

Net Present Value is an accounting principle; but calculation of Net Present Value is specifically spelled out in HAMP. for Fannie Mae and Freddie Mac loans. If one has software that calculates that NPV according to HAMP, wouldn't you call that a magic hammer? The only challenge remains to prove that the mortgage servicer in deed received those calculations and all supporting documents. How hard is that?

Mr. Roper. do your research. You have no idea what you're talking about.

I posted my contact at the Colorado Attorney General's office. Anyone contact her? I thought not.

If anyone actually believes the nation's mortgage servicers are capable of  'proper behavior' without court supervision, come see my bridge for sale.

I'm still checking, but how could counsel for a mortgage servicer depose or cross-examine themselves? If your own calculations for a mortgage modification OR short sale show that, who are you going to depose?

The attorneys that I represented in mortgage modification leads for a year went out of business just exactLy BECAUSE they couldn't demonstrate the same NPV as the mortgage servicers.

NPV calculations are proprietary. The REST is proprietary. Go figure.

In a mortgage modification case, the homeowner is the defendant.
In a 'Produce the Title' case, the homeowner is the plaintiff.
BIG difference, it' you'll understand the difference.

Again, read the disclaimer on the HAMP site. What else do you need?
A proprietary NPV calculation is not free. And neither is a magic hammer.

Can anyone explain why the HUD counselors only claim a 10 percent - or less - success rate? The banks want you to spin your wheels and become another victim of their treachery. More bridges for sale.

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Moose
pompapah wrote:
I do sell the REST Report. It works.
I have the magic hammer.

No, you say you have a magic hammer but have yet to show anything that was nailed together with it.
pompapah wrote:

At no place or time have I guaranteed a mortgage modification.
I've posted more than once, but no one heeds, the REST Report calculates EITHER a mortgage modification or a short sale.

No, it is ONE version of an analysis purporting to do such a thing.
pompapah wrote:

Can you people read?

Yes.
pompapah wrote:

I had read a story about a judge ripping up a mortgage a year or two ago. So what?
If you'd bother to read more than any one sentence, a mortgage modification is a new monthly mortgage payment that is 31% of one's new monthly gross income. This is standard, available information.

No, a mortgage modification is much more than a change in the payment to 31% of monthly gross income.  That is a gross over-simplification. Among other things a modification has significant legal ramifications, none of which are (or could be) taken into consideration by a REST Report.
pompapah wrote:

You guys are so convinced that nothing will work that everyone is a scammer. Never mind reading the research. Why would you do that?

Because credibility is hard to come by and you have yet to demonstrate any "research" that backs up your repeated claims.
pompapah wrote:

Flaming is endemic to the internet. Now what? Can anyone of you discern educated comments versus flaming? Doesn't appear so.

So your point is?
pompapah wrote:

Net Present Value is an accounting principle; but calculation of Net Present Value is specifically spelled out in HAMP. for Fannie Mae and Freddie Mac loans. If one has software that calculates that NPV according to HAMP, wouldn't you call that a magic hammer?

Have you ever heard the phrase, "If your only tool is a hammer every problem appears to be a nail?"

Software to calculate NPV "according to HAMP" is not a magic hammer.
pompapah wrote:

The only challenge remains to prove that the mortgage servicer in deed received those calculations and all supporting documents. How hard is that?

If you believe that you are truly ignorant, confused or simply deluded. 
pompapah wrote:

Mr. Roper. do your research. You have no idea what you're talking about.

Good grief; ignorance at it's worst.
pompapah wrote:

I posted my contact at the Colorado Attorney General's office. Anyone contact her? I thought not.

If anyone actually believes the nation's mortgage servicers are capable of  'proper behavior' without court supervision, come see my bridge for sale.

You're only making the case against you stronger. Without court supervision servicers can and will take advantage of borrowers yet you still can't show how a REST Report can be used to prevail in litigation.
pompapah wrote:
I'm still checking, but how could counsel for a mortgage servicer depose or cross-examine themselves?

Again, you're demonstrating ignorance of the law.  There is no need for them to depose or cross examine themselves. They WILL seek to depose and cross examine the source of the REST Report if a borrower attempts to introduce it in litigation.
pompapah wrote:

 If your own calculations for a mortgage modification OR short sale show that, who are you going to depose?

Again, you're confused. Calculations showing anything in litigation are subject to the rules of evidence. The alleged expert behind those calculations is fundamental to them surviving as proof.
pompapah wrote:

The attorneys that I represented in mortgage modification leads for a year went out of business just exactLy BECAUSE they couldn't demonstrate the same NPV as the mortgage servicers.

Then why can't you show a case where the REST Report and it's expert were dispositive in a case since then?
pompapah wrote:

NPV calculations are proprietary. The REST is proprietary. Go figure.

NPV calculations are not proprietary. The numbers that go into them and the interpretations of the results are matters for experts to explain and defend their expert opinions. It's a routine process in litigation.
pompapah wrote:

In a mortgage modification case, the homeowner is the defendant.

No, again you don't understand (or you want to misrepresent) the legal aspects surrounding the use of the REST Report. Servicers have no need to sue a borrower in a mortgage modification - they simply foreclose if they believe it is in their best interests to do so and face litigation only in states where judicial foreclosure is required.

Borrowers could sue (and have) for servicer misdeeds in handling a modification.
pompapah wrote:
In a 'Produce the Title' case, the homeowner is the plaintiff.
BIG difference, it' you'll understand the difference.

We understand the difference - you seem more and more confused.
pompapah wrote:

Again, read the disclaimer on the HAMP site. What else do you need?
A proprietary NPV calculation is not free. And neither is a magic hammer.

A proprietary NPV calculation without knowing the author/expert behind it is WORTHLESS.
pompapah wrote:

Can anyone explain why the HUD counselors only claim a 10 percent - or less - success rate? The banks want you to spin your wheels and become another victim of their treachery. More bridges for sale.


You answered your own question but you still refuse to identify the expert(s) that could be called upon to defend the REST Report's efficacy.

Until you do that, you can make all the claims you want but they carry no legitimate weight.

Moose

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Bill

Quote:

I'm still checking, but how could counsel for a mortgage servicer depose or cross-examine themselves? If your own calculations for a mortgage modification OR short sale show that, who are you going to depose?



Yeah, that's pretty funny.  How are you going to sell (scam people) your report but do not even understand the basic requirements to use the report in court?

In order to use the report, the homeowner would have to have the testimony of the "expert" that conducted the report and entered the information.  You can't just print out anything you want and offer it to the courts as evidence.  This would be the same problem a homeowner would have with a securitization/TILA audit done by a computer.  It's not going to be admissible without the testimony of the "expert" that completed the audit.

When offering the report to the courts the Plaintiff/bank would be able to depose your "expert" that created the report. 

I guess your the expert we would have to use.  How many cases have you testified in about the REST Report?  What are your qualifications that would cause the court to agree you are an expert?  Could you at least give us an example of the affidavit you would use to support your report?

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pompapah

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So far, only Moose and Texas seem to have any rationality here.
Texas has offered to go another foot and maybe we'll get to the bottom of this.

However, Moose raises issues that I can't answer:
"No, a mortgage modification is much more than a change in the payment to 31% of monthly gross income. That is a gross over-simplification. Among other things a modification has significant legal ramifications, none of which are (or could be) taken into consideration by a REST Report."

Again, the owner of the REST Report states that the issue of 'expert witness' for the REST has never been pursued by the servicer. We'll let Texas take that one too.

Everything I've read for 2 1/2 years states that NPV for real property is proprietary.
If NPV is so easy to calculate, why hasn't anyone followed Mr Roper's instruction to do so? This is the first place I've seen that makes NPV calculation so elementary.
So, go do it and save us all.

As I understand my local county trustee, if the property is in a non-judicial state, the homeowner files a dispute in District Court and is assigned a docket number.

"If REST Reports are such a scam, why is there never anyone that's actually seen one or used one criticizing it.  Why is it only those with no actual experience with the reports that are so sure they offer no value? "

So, it appears to me that the only two substantial menbers of this forum mentally equipped to deal with this issue are Texas and Moose. One of you two needs to step up to the plate and make a one minute phone call or internet submission and then get ALL your questions answered.

I ask you now, and will confirm on the phone that you mention my name when conversing and doing your primary, scholastic research with Martin Andelman.

How hard is this?

Chris Dix
970-242-2600
http://www.Mortgage-Mod-Monster.com
(internet submission at the bottom of the page)

And I'm still waiting for the name of someone to surrender to for scammers.
Threats are empty here.



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John Lewis

Today at 03:41 PM by “pompapah” said in part:

 

“This always turns into Round Robin. Prove one case. OK, How about two? OK, How about three? How many do you need? You give me a headache.”

 

All that is being asked of you is to simply provide the citation for the case you claim that:

 

 “Buffalo, NY Judge [that] ripped up a mortgage for a distressed homeowner who had been victimized by the bank”.

 

Until then please cease and desist from any further postings!

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dave
Quote:
Again, the owner of the REST Report states that the issue of 'expert witness' for the REST has never been pursued by the servicer. We'll let Texas take that one too.

Martin Andelman has stated that he is not the owner of the REST Report.  Mr. Andelman says that Chris Dix is a liar.

One more time, Mr. Dix:  Who is the owner of the REST Report?
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John Lewis

Today at 02:46 PMReply with quote#62

Dave wrote under post heading: Rest Reports
It has been mentioned in a number of posts that Christian Dix has a criminal record:

Quote:
Let's be CLEAR. Christian DIX is a dishonest and disreputable person who is peddling a SCAM. He has a prior criminal record.


Quote:

Chris Dix is a LIAR and a scam artist. Mr. Andelman is clearly a dishonest person who has cleverly "licensed" the REST Report software so that he can pretend to distance himself from the fraudulent representations made by others such as criminal Christian Dix.


Quote:

Mr. Martin Andelman is rather clearly a charlatan who is profiting from the desparate circumstances of distressed borrowers through the distribution of the REST Reports through petty criminals such as Mr. Christian Dix. These reports have NO VALUE whatsoever. Any value associated with NPV analysis would derive from the actual expertise of the person performing the NPV analysis.


Quote:

You are a dishonest and disreputable person with a criminal record.


Quote:
There is no need to make inquiry of inept Colorado Deputy Attorney General Jennifer Dethmers to determine Christian Dix's lack of integrity or his criminal history.

Why not simply ask his siblings? Or ask his probation officer?


It is noteworthy that Mr. Dix has never denied that he is a convicted criminal. Nor has he actually denied that he is a liar and a scam artist.

I think that Mr. Dix should answer several addiional questions if he wants to participate at the Forum:
  • What are the crimes with which you have been charged to date and what crimes have you been convicted of committing?
  • Who is your current parole officer? Who has served as your parole officer in the past?
  • Under what other names or aliases do you post solicitations or sell various scams and swindles?
  • Are you now in contact and communication with any other convicted criminals with whom you are acting in concert in respect of the REST Report or other swindles?
  • Have you ever actually owned a home? If so, where?
  • What happened to your brother and sister's homes? Why are you distrusted by your family?
  • Why are you now unable to find work as a music teacher?

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Joe
There is interesting information about scam artist Chris Dix in another thread:

http://ssgoldstar.websitetoolbox.com/post/show_single_post?pid=1269441685&postcount=61

 

http://ssgoldstar.websitetoolbox.com/post?id=5385153


Beware of this person!

Also, more good unanswered questions:

http://ssgoldstar.websitetoolbox.com/post/show_single_post?pid=1269451089&postcount=62

 

It isn't just Moose and Texas who have exposed Chris Dix and the REST Report swindle.  Mr. Roper, a longtime poster here, also shows that Mr. Dix is a fraud.

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John Lewis
Yesterday at 09:36 PMReply with quote#61



plh posted under Rest Reports

There is no need to make inquiry of inept Colorado Deputy Attorney General Jennifer Dethmers to determine Christian Dix's lack of integrity or his criminal history.

Why not simply ask his siblings? Or ask his probation officer?


Christian Dix (b 27 Jul 1950) has two brothers and a sister. These are:
  • Leslie Dix (b 27 Jan 1952)
  • Geoffrey Dix, Jr. (b 03 Feb 1953)
  • Martha A. Dix Hancock (b 10 Oct 1961)

Ask them about Chris' deceit and dishonesty.

Be sure to ask Geoff about what happened to his house in Fountain Hills, Arizona, and ask Martha about what happened with her house in Indian Hills, Colorado.

Everyone in the family knows that Christian has been an embarrassment and disgrace and of his various failures over the years. He has left nothing but misery and despair in his wake. Surely his mother Gail must be turning over in her grave.

If his siblings cannot trust him, why should you?

Why would anybody take foreclosure defense advice from a man who doesn't even own a home? At best he is a tenant just ahead of the sheriff or a barely welcome house guest preying on the charity of others. Christian is drifter who has sponged off of his family for more than a decade as he moved from scam to scam.

And why would a degree in music education qualify him for anything other than teaching? Why not ask him why he can no longer obtain or hold a teaching position?

I do not wish Chris any ill, but the world will be a better place when he is can live in a nice jail cell and get regular meals without having to steal from others.

Also, Christian's SSN is 522-74-6721. No one else needs to be a victim.

Do what you need to do to protect yourself. But please do not blame Chris' family for his bad behavior

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Moose
pompapah wrote:
So far, only Moose and Texas seem to have any rationality here.
Texas has offered to go another foot and maybe we'll get to the bottom of this.

However, Moose raises issues that I can't answer:
"No, a mortgage modification is much more than a change in the payment to 31% of monthly gross income. That is a gross over-simplification. Among other things a modification has significant legal ramifications, none of which are (or could be) taken into consideration by a REST Report."

Again, the owner of the REST Report states that the issue of 'expert witness' for the REST has never been pursued by the servicer. We'll let Texas take that one too.

Everything I've read for 2 1/2 years states that NPV for real property is proprietary.
If NPV is so easy to calculate, why hasn't anyone followed Mr Roper's instruction to do so? This is the first place I've seen that makes NPV calculation so elementary.
So, go do it and save us all.

As I understand my local county trustee, if the property is in a non-judicial state, the homeowner files a dispute in District Court and is assigned a docket number.

"If REST Reports are such a scam, why is there never anyone that's actually seen one or used one criticizing it.  Why is it only those with no actual experience with the reports that are so sure they offer no value? "

So, it appears to me that the only two substantial menbers of this forum mentally equipped to deal with this issue are Texas and Moose. One of you two needs to step up to the plate and make a one minute phone call or internet submission and then get ALL your questions answered.

I ask you now, and will confirm on the phone that you mention my name when conversing and doing your primary, scholastic research with Martin Andelman.

How hard is this?

Chris Dix
970-242-2600
http://www.Mortgage-Mod-Monster.com
(internet submission at the bottom of the page)

And I'm still waiting for the name of someone to surrender to for scammers.
Threats are empty here.



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Moose
pompapah wrote:


However, Moose raises issues that I can't answer:
"No, a mortgage modification is much more than a change in the payment to 31% of monthly gross income. That is a gross over-simplification. Among other things a modification has significant legal ramifications, none of which are (or could be) taken into consideration by a REST Report."

Again, the owner of the REST Report states that the issue of 'expert witness' for the REST has never been pursued by the servicer. We'll let Texas take that one too.

Everything I've read for 2 1/2 years states that NPV for real property is proprietary.
If NPV is so easy to calculate, why hasn't anyone followed Mr Roper's instruction to do so? This is the first place I've seen that makes NPV calculation so elementary.
So, go do it and save us all.

NPV is hardly proprietary.  My recommendation in Excel is to use XNPV to accommodate the irregular cash flows over time that one encounters in mortgages.

pompapah wrote:

As I understand my local county trustee, if the property is in a non-judicial state, the homeowner files a dispute in District Court and is assigned a docket number.

That may be the case in Colorado, I don't know. In non-judicial jurisdictions I'm familiar with the borrower has to sue and move the court to issue a TRO to delay the foreclosure sale until the matter can be heard.

pompapah wrote:

How hard is this?



It's very simple. I don't need to talk to you or Martin if neither of you are willing to divulge the principals/authors/experts that "created" the alleged $2.8M system that generates it.

Moose


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William A. Roper, Jr.
Still no answer to Dave's questions as reposted by John Lewis.
 
Still no answer to Moose's questions as to the identity of the actual owner and promoter of the "REST Reports" or the experts or other persons who purportedly developed this "proprietary" technology. 
 
Of course no answers are forthcoming.

As pointed out by others, Christian DIX is simply a liar and a disgrace, engaged in another swindle.  Christian DIX has a criminal record.  And Mr. DIX cannot even obtain gainful employment as a music educator, seemingly for some dark reason know to others, but which he refuses to divulge.

Perhaps Mr. DIX can actually respond and enlighten us before he posts his next fraudulent SPAM promoting the discreditted and useless REST Report technology.
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So I've been thinking of joining Mitchell Stein's mass joinder suit, due to lack of representation here in NC.

The problem is it seems there are so many imposters on the net, I'm not sure if I'm really communicating with his office or not.   I've been receiving e mail from Jon P. Withrow <jpwithrow@gmail.com> re:  MJS & Associates but when I go to the dobielaw website, there is a disclaimer that says to use caution and if you are not communicating with this e mail address, oceibod@gmail.com you are not communicating with the real Stein & Associates.

Is anyone on this forum part of that mass joinder suit?
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Bill

Dianne wrote:
So I've been thinking of joining Mitchell Stein's mass joinder suit, due to lack of representation here in NC.

The problem is it seems there are so many imposters on the net, I'm not sure if I'm really communicating with his office or not.   I've been receiving e mail from Jon P. Withrow <jpwithrow@gmail.com> re:  MJS & Associates but when I go to the dobielaw website, there is a disclaimer that says to use caution and if you are not communicating with this e mail address, oceibod@gmail.com you are not communicating with the real Stein & Associates.

Is anyone on this forum part of that mass joinder suit?


I think it's pretty clear.  You aren't communicating with oceibod@gmail.com so you aren't talking to the firm. They have a toll free number.  It would seem to make more sense to just pick up the phone. 

I did read the cases pending that they are adding homeowners to.  You are not in CA or FL.  Which case were you planning on joining?
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So I received this email today, not sure if it is from an imposter or the real deal; but the fees are a lot higher than they were when I first inquired two months ago:

Hi Dianne,

Thank you for emailing or calling Mitchell J. Stein & Associates.  My name is Rosie Soto and I am the Client Relations Manager for Mr. Stein.  Recently, I have been given the responsibility of responding to his emails from his potential clients that are inquiring about joining one of his Mass Litigation Protection Law Suits.  I am going to be sending this informative email first before speaking with you over the phone.  I started to try to do it the opposite way and got bombarded with telephone calls with not enough time to return even a fraction of them.
 
I want to start by saying that there are many entities out there claiming to work for Mr. Stein or with Mr. Stein.  Mitchell Stein has no agreement with any Individual, Attorney or Company in the world to collect retainers on his behalf or speak on his behalf.  If you go to his website at http://www.dobielaw.org and / or the State Bar website http://www.calbar.org  you can read the disclaimers and the warnings that he has posted to this effect.  It should give you comfort in knowing that you emailed him to his State Bar approved email and I am directly responding on his behalf.  Or that you left him a voice mail on the Firm's phone number located at the Bar website and I responded.
 
A little about what Mr. Stein is trying to accomplish.....  Mr. Stein is a 25-year lawyer with significant litigation and trial experience.  He has taken on clients against all of the major banks, particularly given the finding by the federal government on April 13, 2011 that 14 banks have been actively conducting wrongful foreclosures. 
 
A Mass Action is different than a Class Action because each Plaintiff can choose at what point they want to jump ship and settle with the Bank.  Mr. Stein has every intention of obtaining complete discharge of debt and damages for all of his clients.  But those who are happy with principal reduction and other options can let that be known to the Firm and the Firm will pursue that remedy for you.  
 
Mr. Stein has worked on the Ronald Action against Bank of America for two years now and only recently began taking retainers to join.  The expense has gotten too great and this has all turned into the  most significant Bank scandal in the history of the United States.  In 2009, nobody in their wildest dreams would have believed Mr. Stein when he said that the Country was about to fall victim to mass wrongful foreclosures.  Now, the federal government has found Mr. Stein's prediction to be on the mark.
 
In order to be a candidate for one of his Mass Litigation Protection Law Suits you must have originated your loan between 2000 and 2008.  Whether it be a purchase or a refinance does not matter.  ANYONE who originated a loan between 2000 and 2008 should probably be on some sort of a lawsuit against the Banks.  Mr. Stein will evaluate your case at no charge.
 
Should there be a retention between you and the Firm, the Firm is charging between $5,000 and $13,500.  That covers ALL litigation throughout the entire case.  This includes also being protected by our Bankruptcy department in the event you require bankruptcy protection in order to save your home.  Upon receiving the retainer and the signed retainer agreement, you will receive back a counter signed retainer agreement.  This is your "proof" that you are protected by Mitchell J. Stein & Associates.  At the end of the case, if the mortgage is completely discharged, the Firm will be charging 30% of the discharged debt in a manner that you and the Firm deem fair and just (e.g., a mortgage against your saved property).  The same goes for damages, the Firm would receive 30% of any damages won on the case.  Now, Mr. Stein knows that most people out there are broke so he doesn't expect that if he gets a $500,000 mortgage discharged that someone would just be able to come up with approx. $150,000 to pay him his fee.  So what the Firm would be doing is holding a NOTE for that amount on the property and you would be paying the Firm over 50 years.  This way the payment would be very low.  You can pay it back as soon as you like.
 
If you have multiple properties, the Firm will work with you on the total amount. 
 
We appreciate your interest in the Firm, and hope you understand that I thought it best to send you this introductory email.  I simply cannot telephone everybody, in view of the amount of people nationwide who are falling victim to this bank misconduct.  If you have any other questions please feel free to call me at 877-475-2448 Ext. 803. Or email me at thedobermanlitigation@gmail.com

 
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John Lewis

Mass Joinder Lawsuits and Other Foreclosure Rescue Scams Prey On Consumers, Why Won’t Anyone Protect Them?

Written by Matthew D. Weidner, Esq. on Jul 25, 2011 07:42 pm

Florida’s Foreclosure Rescue Scam Prevention Act should protect the thousands of Floridians who get suckered into paying thousands of dollars with the promise that magic spells, potions and legal strategies can solve their foreclosure problems. The sales pitches are so compelling, but if you’re getting a pitch, you’re getting scammed.  You can ignore the loan ...
http://mattweidnerlaw.com/blog/2011/07/mass-joinder-lawsuits-and-other-foreclosure-rescue-scams-prey-on-consumers-why-wont-anyone-protect-them/?utm_source=rss&utm_medium=rss&utm_campaign=mass-joinder-lawsuits-and-other-foreclosure-rescue-scams-prey-on-consumers-why-wont-anyone-protect-them

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Why don't you challenge Philip Kramer? Or any other proven source.
Publish all you want. Then what? You produce no results; just words.
Corrupt title litigation is a rich man's game, what have you done for the poor 'almost-there?' Their only hope is a modification for 5-8 years. And you defame their hope.
You cannot show a failure of REST, but any statement with large words will discourage. Damn you.

If you can't find a failed REST Report, why are you so adamant?
Almost like proving a negative, if you comprehend that.

Hey Roper,  Mr.almost-a-lawyer-but-can't-quite-get-there
You have no evidence of subterfuge on my part or the REST.
Sit down, unless you have an ulterior motive you want to divulge.
Defaming the providers of REST does nothing to defame REST.

Isn't it possible that the magic hammer exists, even if you in your infinite miniscule wisdom, didn't find it first?
When I was in Music Research 501, my professor reminded us,"keep your mind on the subject." A real scholar would recognize that admonition.
How many vendors of the REST Report are you going to defame with no attention to performance? Throw mud and sooth yourself.

There's a given vendor, or three, and then there's performance. Nobody, including your verbose self, has yet to prove the negative. Rational, scientific method escapes you.

Enlighten you about what? Your aspersions are like swatting mosquitoes.
Keep telling stories and one will get through, right?

And Lewis; your'e right behind him in aspersion-school. Take a few more classes in verbosity and you too, can defame success like the other pretenders. "I can't imagine a success, therefore it ain't so."

NPV calculations outside of the REST failed in court. That's why the previously expert attorneys I expedited applications for closed their doors.

I asked once, I ask again, all you that have a crown, badge and no clothes, do it, dammit.Prove your NPV, oh exalted ones. Put your gonads in court.
Produce one success with your own NPV, etc.
You defame but can't actually produce anything better. Help somebody, anybody.
You all make it sound so easy, but no one can produce a scintilla of success other than words .
REST has record of no failure. WTH?

If NPV isn't proprietary, why can't a distressed homeowner get it from their mortgage servicer? Go ahead. Call. I'll wait. And when you hear of a bank NPV matching the already discounted pretender-website, you let us all know, K?

Martin knows the REST principals. I don't. And if I didn't know the full story, I was trained to follow the sources until I found it. It's just too easy for you to make a phone call. The egos around here astound me.

John Lewis, you should go to jail for citing false information. You are non-ethical and the epitome of non-scholastic. You follow so very well. Brown nose?
You have no evidence of deceit anywhere.
Mr Lewis, turn me in, dammit. Or tell me where to turn myself in.
Publish your own SSN, dirtbag. Paper tiger.
John Lewis, you are despicable.

I still can't find where Texas or Moose exposed anything.
Texas made a self-serving phone call that researched nothing.
You ask questions that Texas had the opportunity to query first-hand.
The servicers have never called a REST principal to court, I do believe.
If you don't go to the source, who can substantiate you?
I sell the REST Report and none of my customers has suffered.

Texas: this is the email I received from Martin after you two spoke on the phone:
"I spoke with him (Texas/Maguire) at some length and he is fine. We're going to be co-publishing some articles and he's sending me some of his work for my review. I'm sending him the (REST) report and he knows about the company who produces it." Texas, you actually bothered to first-source and you are silent. We all anticipate the result. Will anything benefit the actual distressed homeowner? Or do you all intend to pontificate until there are but five performing mortgages in the US?

I explained the discrepancy between said Buffalo, NY judge and it's complete non-connection w/ the REST Report elsewhere on this forum. Let it go, tadpole.

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Moose
Mr. Dix, you still refuse to answer the simplest of questions and keep spewing the same promotional diatribe.

Quit dodging the question:  Who is behind the REST Report?

Moose







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