That quote from Larry is what I am talking about.!!!!!

If you can put the date he said it.

Now put that at the bottom of every post you make and add to it every time you find one those charming remarks.

It probably won't change anything but it is a devilish delight to torture them with their own words.

Dee

What hypocrisy!

If any body is a drug addict, it's him and that sorry company he has.  He's the one that has an addiction to stealing innocent people's homes.

He has really gone over the deep edge with all of these wrongful and fraudulent foreclosures that he and his company engages in.

Those crooked lawyers he has on his payroll are worse-- they are truly addicted to fraud to the point they would foreclose on a known decedent.

Now that's really sicker than a drug addict.  At least he has an excuse for his sickness and bad behavior.  What is Larry Litton's excuse?

This man is a vulture and a predator to the point of an addictive personality because he has no mercy or feelings for other human beings and will do anything to get what he wants.  He is sick and needs to be locked up! 

The only debt I have is my mortgage which Litton assumed about 3 years ago.  This house is my only asset, I put $40K down on it when I bought it.  I spent my younger adult years as a single parent due to a bad choice I made for a husband.  The cash for this down payment didn't come from divorce proceedings, inheritance or any other source other than my 401K, IRA and savings.  On June 30 , 06 I paid the July payment.  The chimp Litton has working in A/R posted my payment to principal, but not before taking their cut for my impound accounts.  I make a living that covers my expenses, there isn't much left over, I don't have extra thousends of dollars to toss around.  I've called at least twice a month asking them to correct this, I've also written four letters.  My credit report shows six thirty day lates on my mortgage.  Does this make me a drug addict?  Does anyone have a list of their Board of Directors?  I've tried to find it on the internet - no luck.  I wouldn't admit it if I worked for them either.

Judy, you have to go to the companies that own Litton Loan, its CBASS out of NYC,  TONY ETTINGER, and MGIC from Milwaukee,  BIG TONY ETTINGER is the one most responsible for creating the entire SUB PRIME credit industry if you have a chance listen to his own words explaining this! 

The CEO of MGIC is CURT CULVER in Milwaukee Wisconsin, even though MGIC a public company has an ANTI PREDATORY LENDING POLICY its wholly owned company of LITTON LOAN, and our Father Son terrorists  team of Larry Litton and JR engage in this practice on behalf of MGIC.  I hope this helps you,

Please keep in mind that ALL THREE OF THESE COMPANIES have been using Internet surveillance and monitor this site.  Please feel free to contact me I would like to chat with you about your documents and circumstances.

Gary Wait

combinedservices@aol.com

Im considering attaching the MASTER POLICY from Litton Loan so others may see what they were charged for in their forced place insurance. Once I do this I will also comment on why I beleive this policy is a fraud upon the home owners.  I realize once I do this hundreds of lawyers if not thousands will all over this, however I think it about time.  If some of you want to see it, and my comments about it, I will put it out their.

I also have a copy of the POOLING AND SERVICING AGGREMENT, this aggrement is what LITTON LOAN uses to represent in courts as the "Contract" that allows them to forclose.  I will wait for comment,

gary

I want to see the pooling agreement  thanks G

Is there any clear cut way to show servicer default, like some kind of high profile case law? 

 ok , we asked the government for help, got none...

We asked the media for help, didn't get any... 

Why don't we ask them WTF in a nice way?

who signed the master servicer for Litton, and who is his/her boss?

Ask that person to answer questions regarding our struggles to get a fair mortgage servicer?

Any ideas?

Gary:

Any information that you are willing to post would be greatly appreciated. But of course don't be putting your neck out to far, as I would be more than happy to send you my email address.

I know I can't say it often enough... Thank-you all very much! 

All of you at this form have been of more help than you can ever imagine. Along with so many other things, you certainly have assisted in restoring my belief that: most people, given a chance prefer to do what's right and honest.

V/R, J

OK, I will  post the Litton Loan Pooling and Servicing Agreement.  I will get it scanned tomorrow and download it by Sunday. 

Litton Spent Tens of thousands of dollars in trying to prevent this from being turned over in a case in California, two of the lawyers for the WOLF LAW FIRM were reprimanded for failing to turn it over during discovery.  In my case I called each of the individuals that signed it and found non of them were advised that they were subject to counter claims in my suit, and non were told by Litton Loan that they had filed foreclosure's.  You can judge for yourself what the contract says. 

There are many Servicing Pools through Litton and CBASS, my note is still being carried as a "performing" loan even though my home was sold over a year ago.  Litton Loan still has not sent me a 1098 for the past three years!!!!  Thanks Larry, when we talk with the IRS this will be one of the first things I mention as part of the fraud cover up at Litton Loan.

OK, the agreement will be posted Sunday.

Gary, have you looked through SEC filings to see if the PSA is already included in filings from entities using Litton as Master Servicer? It may already be published under 8-k, 10-k or 424B filings of any given Trust Series for the note holding entity.

Mike I tried looking but had not found anything on it, after I post it and anyone that can find anything on it I would appreciate it.

gary

Here is the link to view the Litton Loan Servicing Agreement that Gary is talking about.

http://f1.grp.yahoofs.com/v1/MLeWRSR2mV3k8MLSV-wG1CVjTNiW9d_D5wgFFguA3bzi1Dj3zPKPP_592aemmR-nK-PexRRIrSuUeu4kjdJqXg/Litton%20Servicing%20Aggrement.pdf

Thanks Ann

The link works.

I'm going to try to read it tonight and see what jumps out at me for the borrowers having to put up with this stuff.

Dee

Gary & Guys,

The first thing that jumps out at me is that the agreement states that the owner and holder of the note gives the servicer permission to change or modify the note at their discretion.  Including varying from strict compliance. 

I may be wrong but doesn't this make the owner and holder complicit in the fraud by the servicers.  Doesn't this also bring up "breach of fiduciary duty"?

I'm still in review but this just jumped out.  What else do ya'll see?

Thoughts????

Bob

Bob it may go beyond that, knowing that Litton has such a wide latitude to work with in changing the notes is any way it deems, opens the owners of the note to "Criminal Negligence" Litton has choose to "Modify" notes in many cases where it gets caught. Like my first forclosure, when Larry Litton himself modified my note by reducing the interest rate and forgiving funds, however within 90 days they were falsifying my credit history and planning the second forclosure.  The owners of the notes at the time of each forclosure maybe sued seperatly from Litton Loan.  We are discussing various options against the owners of the notes at the time of forclosure.

Very interesting, I just tried to access the link provided by Mary. I received am error message that states the link has been removed.

But it may be something else. I'll keep trying, but I do have some friends that are real hacker types, or should say IT geeks that can find anything that isn't above board and where it originates, etc..

Thanks!

J

Sorry about that I sad Jane but I meant Ann. Either way it isn't working. I think it's time I bring in the specialists.

Whew!

My eyeballs just rolled up and refuse to keep reading.

I'm at page 20.

This is just fascinating to me.

As I suspected there is an indemnification clause.  That's okay.  If we find wrong doing, wouldn't we rather see the servicer take the hit?

One thing I see in the contract that really puts some liability on the servicer

is the forced placed insurance.

The contract states:

"The Servicer shall not interfere with the Mortgagor's freedom of choice in selecting either his insurance carrier or agent; provided, however, that the

servicer shall not accept any such insurance policies from insurance companies unless such companies currently reflect a general policy rating of

B-V1 or better in  Best's Key Rating Guide and are licensed to do business in the state wherein the property subject to the policy is located.

*********************************

I'm not so sure they can just cancel your policy if it doesn't meet their requirements without informing you the policy does not meet their standards

and give you the opportunity to secure a different policy after explaining what is wrong with yours.

That is never done as far as I have ever read anyone's account on the forced placed insurance issues and complaints.

*****************************

What is a blanket policy for hazard insurance on this particular trust

to be maintained by the servicer?.

I found this explanation but is it correct?  Don't know.

"Any program that offers optional supplemental amounts of insurance on top of a basic benefit package where only the basic package automatically covers all eligible persons."

The contract between them orders this done.  You, the borrower, are

not party to this contract, so I don't see how they can legally charge

you a premium for this IF that is what they are doing.

Again, this is a situation that if you are being charged for the policy, you are entitled to a copy of the policy in my way of doing business.  No copy.  I don't pay.  I don't trust a mortgage servicing company to pass me a kleenex, nevermind deliver a bill to me for payment without proper documentation.

You are entitled to know what you are being charged for.

Besides, if you don't have a provision in your mortgage contract for a

"blanket policy" they don't get to have one at your expense.

This is definitely a part of their contract that harms you.

It is probably a breach of your contract.

If you were a normal person running a mortgage servicing company

and you find a borrower with a hazard insurance policy that doesn't meet the standards of the "trustee".  You would inform the borrower what is wrong

and give them 30 days or so to fix it.  It takes about 30 seconds for them

to check out your insurer and another 30 seconds to send you a form letter

with the facts.  All of them.

You cannot be reasonably expected to know what exists in a contract

between the trustees and your servicer.  That is unreasonable.

Of course, if they'd like to send us all our individual copy of this contract,

we could read it and act appropriately.

Anyway, this is a big issue for borrowers.  It doesn't seem the FTC

went far enough in their investigation of Fairbanks to bring this

craziness to our attention.

Again, if this were my loan....  I'd be writing letters demanding an investigation by the trustee asserting that Litton interferred with my choice of insurer, disregarding the contract between the trustee and servicer.

It is harmed me countless ways financially and put stress on me and my family that is a deliberately concoted a predatory mortgage servicing technique to intimidate me into paying money that I do not owe. 

Their techniques might best be described as a mortgage servicing terrorist organization.

If you do not pay them this $3600.00 your home will be foreclosed upon

leaving the borrower with no venue in the judicial system to stop them

from doing so.

There was never any notice to me that my insurer did not meet the trustee standards.  My policy was cancelled and the one selected by the servicer

carries **what was it? $3600.00 dollar a year premium vs. my $700.00 a year policy.

By allowing this behavior by the servicer you are complicit in a myriad of

unreasonable late fees and other foreclosure expenses.

Because Litton would not deal with me honestly, I had to sell my home

or face what I would deem an illegal foreclosure. 

I can see that Litton is ordered by you to maintain an Errors and Omissions

policy.

(All you have left to do is find out how your carrier was rated by Bests)

You could give them the specific insurance information.  A copy

of your policy would be nice.

I would appreciate a response from you at your earliest convenience.

Just lay it out for them.  See what sticks.  It looks pretty clear to me.

I have some other things ear marked to take another look at but I have to do it later.

This is a primary issue probably affecting thousands of borrowers with Litton

and if this contract is a "canned contract" that most mortgage servicers

and trustees use,  well that might be hundreds of thousands of borrowers.

Maybe we ought to get examples of servicing agreements from the other

servicers to see what is normal or what stands out as unusual language.

Sorry, I couldn't finish it.

Looks like I'll need a couple more days to look at it.  I read every word.

Dee

Hey Dee hang in there, your thoughtful and observations are right no target.  Breach of Contract! written all over the contract by Litton Loan, Fraud, written By Litton Loan, I hope everyone with a note with Litton goes for there copy. 

Oh Dee here is a good one, how about the number of "Performing Loans" that were foreclosed on, or sold still being held in the contract?  Does that mean the security of the Bond is gone? Oh SEC/FTC/FBI  LMAO   Oh Larry and friends were coming for you!!!

Lie's Lie's Lie's

For those of you that have or had a ton of equity prior to the servicer becoming involved in collecting the repayment...here is the reason or motive

for the accounting atrocities.  Errors upon errors, month after month having diverted your money from principal and interest to pay off late fee assessments, huge legal fees even when there has been no work done by an attorney...you know, the regular laundry list of complaints the same as in the

Fairbanks case filed by the FTC.

This clause in the contract between the trustee and the servicer says in part:

PDF]

Valuation of Mortgage Servicing Rights with Foreclosure Delay and ...

If you read down a little further, you will see the conditions that have to be met in order for the servicer to do it.

They cannot do anything to change the mortgage terms that would reduce

the amount to be collected and paid to the trustee on the contract.

They get paid on a monthly basis.

So, if the contract doesn't permit the servicer to reduce the interest rate,

drag the payments out by adding onto the end of the contract; the servicer

has to pay the monthly fee as it accrues.

The trustee will not lose a dime, ever.  That is the intent of that clause.

This where tricky bookkeeping might develope to cover these kind of losses.

We have seen borrowers hurt themselves by signing forbearance agreements

that raise the interest rate and otherwise make their contract terms worse and more likely to default.

Or, you see the next forbearance agreement manifest itself quickly.

All the servicer has to do is not credit payments legitimately designated

to principal and interest towards fees and assessments and or expenses to make the full monthly payment appear late and or short.  They then "corporate advance" your payment record with a fee for doing so.  Oops you're late again next month.  When actually all they have done is change the attribution to other categories to make the payment short. 

They are not required to give you notice that they have changed the

attribution of the check you send.  Because the borrower typically does

not find out about it until the next month, you've just made the situation

worse for yourself.

Please do consider sending your check in a few days before the 1st and

give them a call on the first to see how your payment is attributed.

If it is okay, fine mark your records accordingly.  If not, send your RESPA

letter with a cc to HUD.

This is the game I played with Fairbanks nearly every month.

Where did the servicer hide the mortgage payment?

It is imperative to do everything you can as quickly as possible.  You don't want them to send a default notice.  They've got 20 days to acknowledge the RESPA QWR letter.  They are on notice around the 5th.  Too soon

for them to slip you another late fee that normally would go unnoticed for another month.  You are still arguing on the previous two late fee assessments when the 3rd payment is due.  Whammo you are in default.

It is just a SHELL GAME type strategy for them.

Let's suppose for a minute, you are the trustee.  Your job is to oversee

this group of mortgage loans to make sure the investors do not lose a penny.

Would it make you at all suspicious to hear from a borrower that the servicer

according to the statement they provided you, has switched the payment you send in good faith for principal and interest is not applied to interest and principal?  Applied elsewhere.

I'm thinking the trustee and the investors are not going to like hearing that

from borrowers.  If Litton puts the money they receive in an account other than the one for paying the trusteee the principal and interest payments,

they can request those funds be released back to the servicer under

certain circumstances spelled out in their contract.

If they can see the shell game themselves, borrowers are tired of losing in foreclosure court and looking for another avenue, it is only a matter of time

before one names the investors and trustees as party defendants in their case.

Dee

I can hardly wait for that day, I sure would like to see the conversation  on that one.  lol

One step at a time, Ann.

Complain to the parties we do know about. 

The parties that signed this contract.

Once a borrower decides to stop visiting the kangaroo courts of no justice

and look for other legal avenues to pursue, it is just a matter of time

before someone doesn't like this contract.

We do see in this contract language about the forced placed insurance that

borrower after borrower explains their insurance was cancelled eventhough

the premiums were paid and the contract was in force.

A simple look at your own contract about insurance you are required to  keep

will tell you all you need to know to get started pursuing this avenue.

****************************

This kind of lawsuit or claim opens the door for interrogatories and depositions where witness can be subpoena'd to bring certain documents

to a depositon for inspection and copying.

Typically, they send a clerk with a fancy title that knows nothing about

the company beyond his little nook.

We are out to bust them wide open.

The fact that this clause about not interfering with the borrower's choice

for insurance looks winnable to me right on the surface information we have.

There may be more back trading going on during this loan but as long as this trustee and the backers are still obligated to the contract, we can bring suit against them if we find cause to do so.

Don't worry.  If they are not liable in their opinion, they'll happily provide

proof they are the wrong party and name the correct party.

That's the hazards and delays of litigation...getting to the bottom line.

Who's responsible and who has deep pockets?

There is also a lot of language prohibiting the servicer from making any

decision that puts the investors at risk for being taxed for profit.

Maybe there is income tax avoidance due but being hidden by the servicer

to keep their end of the contract.

Just keep asking questions, we'll piece this together yet.

Personally, I know you would love to see IRS looking around Litton.

We know they are making huge engorgement type profits off the backs of borrowers.  Our complaints might get some attention if we can "discover"

some facts to submit.

Dee

Might fall on deaf ears?? That's a laugh and a half! But Ann I think you already knew that.

I can tell you from experience that at least when it comes to one major player it did fall on deaf ears. LaSalle Bank National Association is the Trustee for a pool of loans serviced by Fairbanks n/k/a Select Portfolio Servicing. LaSalle was contacted by the OCC (that Office of the Comptroller of Currency for those not familiar) and do you know what LaSalle told the OCC? "we have no knowledge about servicing", "we have no controll or liability over the servicing of loans in this pool" and (a more politely worded version of) "buzz off it's not our problem".

Any lawyer worth his or her salt will tell you, it's not what you know or what you think you know, it's what you can prove. And boy howdy let me tell you, if you're gonna go after more than the servicer, you'd better be able to SHOW ACTUAL PROOF that each and every named person had their fingers in the pie or the case will get tossed before it even begins.

After all the years that MSF victims have been vocal it pains me to think that there are people who still think that any of the players, either major or minor, actually think that any of them (servicers, trustees or holders) are going to deal fairly and honestly with anyone.

The invenstors are not the problem ... Do you have any idea how many people blind invest? That is to say that a company or other entity handles their investment portfolio. Sounds scary I know but tis true .... There really are people whose employer does all their investing for them. Most of these people are hard working men and women who have their own troubles. Do you really think they are going to stand up and fight for anything other than themselves? They shouldn't be expected to regardless.

Seems to me that it's mighty easy for folks not actually in the throws of a legal smackdown with anyone to toss around legal sounding advice and seemingly smart sounding ideas when in fact they have no real idea what they are talking about. Yeah, sometimes they get lucky (usually from reguritating something someone else has already said or done) but not often enough to take them seriously.

But that's just my 2 cents.