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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does anybody know what's going on with them?  I've read they are in bankruptcy and all assignments of mortgages would have to be approved by the trustee or judge, but  there are a lot of assignments by different entities claiming to be attorney in fact, vice-president, shipping managers and they're using a rubber stamp of Steve Nagy to execute documents.   

I am shocked at the fraud that is going on and the fact that lawyers are involved in it.   Martha Stewart went to prison for 'insider trading' but these folks are leaving people homeless and the courts don't seem to care.
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   New Century went bankrupt in 2007. Many of their Notes must have been
stolen and were never lawfully assigned by the BR Court. Others are either
counterfeits or they were transferred so many times, it is impossible to tell
who actually owns them.
   This is where the "death gamble" defense comes in. If the Note was never
lawfully assigned before NC went bankrupt, and the BR Court never lawfully
assigned it, then it is unenforcible because no lawful creditor exists. You can
do a "quiet title" action against NC.
    I have personnally seen many COUNTERFEIT COLOR PHOTOCOPIES being
presented in evidence as being the ORIGINAL NOTE. It is worthwhile to have
a forensic examination of the Note to see if it is real or a counterfeit. If you
can prove the latter, you win!
    An ORIGINAL, clean, yellow magic marker will show if blue ink is present,
it will smudge. If a photocopy, it won't. Also look at it under a microscope,
a color photo copy looks different from a real blue ink signature.
    In my opinion, NC was making counterfeits and selling them to investors
in the different "Note pools". Ocwen did alot of their servicing. Need I say
more!
    It was all a Ponzi scheme whereby the money from the new investors was
being used to make payments to the old investors at the top of the pyramid.
When the new investors stopped buying in, the whole pyramid collapsed
causing NC to go out of business with alot of angry investors left with
worthless CDO bonds.
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I have found a lot of obvious forgeries - they are easy to prove.   It's the ones that are executed and dated this year .. I didn't know if the bankruptcy court ordered it or not, but there's nothing attached to them to show that.  
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This is where the "death gamble" defense comes in. If the Note was never
lawfully assigned before NC went bankrupt, and the BR Court never lawfully
assigned it, then it is unenforcible because no lawful creditor exists. You can
do a "quiet title" action against NC.

this is where I get confused .. I know nothing about bankruptcy or what the procedures are, but you set it out so clear.  I wish understanding assignments by AMERIQUEST, ARGENT and CITI RESIDENTIAL were so easy to understand.

I got a foreclosure deed yesterday that was signed in blue ink .. and it didn't even have a line for a notary to sign - it just had the date typed in and that's it. 


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Look to the last page of your mortgage and determine if it was ever signed by a New Century Officer.  I have seen several that were never signed, forged and altered copies have been offered up as evidence of "true and accurate copy of the original"...  Go back to what we determined years ago, HAVE THEM PRODUCE THE ORIGINAL NOTE.  Most likely they can not.  In my own case I have no less than three mortgage notes, saying they were copies of the original.  Argent is is well known do the research on TONY ETTINGER, CBASS, LITTON LOAN, MGIC/RADIAN.  They were all tied together in the late 90's when this all began.

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in one of the depositions that I read, these robosigners are assigned to different states  and so far I haven't seen any documents with TONY ETTINGER, CBASS, LITTON LOAN or MGIC/RADIAN. 


my sister got her mortgage with AMERIQUEST in 2002 .. it was then assigned to WM SPECIALTY MORTGAGE, LLC in November 2007 by DAWN REYNOLDS as agent for CITI as agent for WM SPECIALTY.  From what I can determined, AMERIQUEST had already closed and the mortgages were transferred to CITI that closed shortly after that.   

I see quite a few assignments executed by TAMARA PRICE and found quite a few court opinions regarding her employment history, but unfortunately that doesn't help me.
  
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Cindy
Hmmmmm This gets more interesting as I read more!! See these were the crooks that originated my Mortgage....Then told me to start sending my payments to Litton Loan, They never notified me that it had been sold or anything otherwise!! I just now have stopped paying these crooks!!! after we had a news cast stating the trouble they were having!!
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Cindy,

did they do an assignment of your mortgage to Litton?

also, how did you do the popcorn smiley?
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Cindy
No never assigned it just told me that my payments would be collected by Litton... Which they have since 05 but as I stated in another post I was never notified that either it being sold and or liquidated! I seen on one of the news casts about the Attorney Generals in FL looking in on them so I done a Google search and WOW I never had a clue how BAD they were cause the only problem we ever had was the harassing phone calls which were up to 4 times a day by the second day of the month! Haven't received the first dang call since they got my RESPA which was on Saturday LOL hubby said it's cause now they are too busy looking for my note LMBO I've check ALL the online data bases  which they told me would say whether or not it was transferred & I got NOTTA, Not thru address or my SS#  so now it's just on with the waiting game!!<---is colon mark popcorn colon mark) I have talked to a couple dif places looking for someone to help me but get the same response " So your not in foreclosure & you what?? No one will even listen cause we aren't facing foreclosure WOW LOL
anyhow We are refusing to send them anymore  til I get answers instead the money is going in my OWN LIL ESCROW til we go to court! ALSO on the documents that New Century filed with the court the Notaries stamp is BLACKED out?!? Bet it was an expired stamp!!

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so you're not in foreclosure?   Do you have a case filed against them that they filed a blacked out notary, or was that in probate?  When I went to check the assignment of my mortgage I couldn't find anything under my name filed in the probate records, but I did a search by putting my name in the "legal description"  and found both assignments of my loan which was the only two mortgage companies that I sent payments to.

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Cindy
The blackout is on the original Mortgage with NC....I have looked @ the Fannie Freddie & MERS and couldn't find anything. The only thing showing @ my local court house is just the original so not sure whats gonna happen & no we aren't in foreclosure but I be (pardon french) Damned if I will continue sending these crooks my money only to find out in the end they can't award me my property!
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William A. Roper, Jr.
Cindy:

To the extent that you (a) acknowledge borrowing money secured by a mortgage or a deed of trust, (b) are or were CURRENT in making your payments to the servicer claiming ownership of the property, (c) have the MEANS to continue making the payments specified in the promissory note and (d) have ANY EXISTING EQUITY remaining in this property (market value in excess of outstanding mortgage balance), IT IS PROBABLY VERY UNSOUND TO SIMPLY STOP MAKING PAYMENTS BECAUSE OF DOUBTS ABOUT THE OWNERSHIP OF THE LOAN.

YOU REALLY OUGHT TO CONSULT A LAWYER BEFORE TAKING SUCH AN ACTION, PARTICULARLY IN RESPECT OF LAY SUGGESTIONS OF OTHERS YOU READ AT AN ONLINE WEB SITE.

While those whose properties are "underwater" may find that it is sometimes in their financial interest to strategically default and others who lack the means to make their payments may have no alternative to default, electing to default when you HAVE THE MEANS TO PAY and HAVE POSITIVE EQUITY IN THE SUBJECT PROPERTY IS ALMOST NEVER A GOOD IDEA!

While I am confident that mortgage servicers and foreclosure mills have engaged in much forgery, perjury and fraud, I also believe that MOST of the promissory notes were probably properly conveyed to the mortgage trusts.  If you are found to be in default, you can LOSE your home and also be saddled with a deficiency judgment.  ELECTING TO DEFAULT, WHEN DEFAULT CAN BE AVOIDED IS SOMETHING THAT SHOULD ONLY BE UNDERTAKEN AFTER CONSULTATION WITH A CAPABLE LAWYER WELL FAMILIAR WITH MORTGAGE FORECLOSURE ISSUES IN YOUR JURISDICTION. 
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I checked to see if there was an assignment, and had there not been I would have requested the documentation for their demand for payment, but I wasn't going to not pay my mortgage - that would have been reported on my credit
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William,

did you get the assignments that I sent?  I'd like to go ahead and get those affidavits to my attorney so he can work them into our complaint because they want to file it this week.  After I get those, I've got to go see if there's a for sale sign in front

thanks a bunch
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Cindy
When the Rates went down I tried to refinance into a fixed rate and could not because Litton had blemished my record throughout the time I have been paying them by putting my payments in an "Forbearance account" and dispersing them to a payment as they see fit! I have only had 2 payments throughout my loan that were 30 days late... not 25 (I'm sure more by now) as reflected on my Credit! Also I still am not in default Nor do I want to get that way..@ least not until after the actual 60 days allotted by the RESPA. Further I have called Litton on several occasions to find out why they are waiting until after the 16th to apply my payments?! I get the please hold....someone else answers and it eventually ends up that they are mysteriously disconnected without an answer! It's obvious to me the only reason they have done this is so they can gain the extra $16.98 a month. Now on my statements I have gotten in the past 3 months they are charging not only the $16.98 but other late fees of 6 dollars and some change and so forth. BTW there is NO equity in the property! after paying on this loan for 7 yrs now we have only brought the down by 4000.00 and that's with making extra on payments... so I have NO DOUBT in my mind they have not applied all my payments properly!
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Also when we signed papers in the brokers office it was only Me, My husband, and the broker that was there...The witness who signed along with the notary was NOT present! There is also NO signature from New Century what-so-ever anywhere in the documents!
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thanks William, I finally found those affidavits in my email .. that's the second time this week an email with attachments didn't show up.

Cindy, have you checked into electronic payments made through your bank?  that's a good way to prove the payment was timely sent and held over
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As crooked as Littion is with manipulating the application of payments, it is certainly not wise to default on your payments unless you are legitimately unable to make them or have been advised by your own competent attorney to stop paying. 
Cindy, have you obtained a copy of your transaction history from Litton?  It would be a good place to begin so exactly how your payments have been distributed can be known.  I'd also get a copy of the escrow history, because that is a primary area that Litton uses to manipulate your payments.  You may need to consult with a mortgage forensic expert, a competent attorney or a competent accountant to get a real understanding of exactly what they've done with your payments, when, how and why. Servicers in general and Littion in particular are known for force-placing homeowner's insurance policies at a much higher rate than you would pay for private insurance and then misapplying your principal and interest payments to cover the escrow shortage they created by improperly force-placing your insurance.  They're also known for then charging additional fees, including "BPOs" for 'property inspection' they will say is necessary because you are now in default and they are inspecting their collateral, your house, to be sure it is undamaged and ready to sell when they foreclose. Once they start tacking on these crazy fees, instead of applying what you think are your timely mortgage principal and interest payments to your mortgage, they slice and dice them to cover their other charges, therefore making you late and short on your actual mortgage payment. Then the late fees kick in, and they report those 'late' payments to the credit agencies.  There goes your chance to get out of this mess by refinancing!  
Also, the 60-days surrounding RESPA requests is not 60-days for you to not pay!  It's 60-days for them to respond to your request for information.
Please, I'm a Litton victim too, and I DO NOT want to see you lose your house.  They have the finance knowledge, the money and the lawyers to take what you have.  Unless you really know what you are doing, you cannot fight this on your own by setting up your own escrow account and not paying your mortgage.  Please, please, get professional advise!!  
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Cindy
I have sent and they have received my RESPA as of the 11th so I have to see what they say from there. We are not going to let it default before the 60 days are up & until I find out from a lawyer on Monday on what my best steps should be! But finding out a lot of the problems from other people has given me hope for a good outcome! I just want it to all be clean in the end! LOL
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All WAMU, New Century Mortgage and Home123 (its subsidiary) victims.

Even though they are still in bankruptcy in Delaware (as of Dec. 2010), you can
still file a POC (proof of claim or B10 form).  File a motion to accept late filed POC and file an AP or adversary proceeding.

There are 10 or more pro se's up there fighting.  Some of us have negotiated cash settlements of 60K & 80K.  CASH!!

They still have money even though they are in bankruptcy.  Several months ago, they gave over 125 million in cash to investors who lost money by investing in New Century stocks.

So---get your attorney on it right away!  OR, if you are pro se and want a free
starter guide that explains about the B10 (POC form) etc., click here: http://www.scribd.com/doc/31013021/FREE-Guide-on-Filing-AP-Against-New-Century-in-Their-Bankruptcy-Case-in-Delaware-or-any-other-lender-in-bankruptcy

I am not kidding you....you can fight them up in their bankruptcy right now...but time is of essence....they may be winding down the BK.

Also, if you know WAMU victims..they can do the same thing.....WAMU is in bankruptcy....but they have money.....

PS: --an AP or adversary proceeding in their bankrupcty case is like a lawsuit against them......some of us pro se's are trying to go for quiet title.

ACT NOW!!!

I am not an attorney and not offering legal services or advice.  Always consult a competent attorney.  DISCLAIMER.

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Sooooo I got my papers in the mail today from Litton......Ummm The notary for one was not present when we signed the papers!!!! & for another I figured out WHY her stamp was BLACKED out before they filed them in the court house!! Her Stamp wasn't VALID til 5 days AFTER she notarized them!!! WTF How is that LEGAL??? Anywho I'm gonna make a trip to the court house on Monday!!
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So if you send a RESPA and demand who owns the note should they have to send proof of assignments as well or just the original mortgage???
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I need some help with this please.

Asking everyone to modify to your name and date and fax to the California State Attorney General.

I discovered New Century Mortgage and Home123 Corp had employee notaries who violated California notarial laws and recording laws.

The letter explains.

Thanks

http://www.scribd.com/doc/59633458/CALL-TO-ACTION-PLEASE-FAX-THIS-TO-CALIFORNIA-ATTORNEY-GENERAL


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Bill

Abby in CA wrote:
I need some help with this please.

Asking everyone to modify to your name and date and fax to the California State Attorney General.

I discovered New Century Mortgage and Home123 Corp had employee notaries who violated California notarial laws and recording laws.

The letter explains.

Thanks

http://www.scribd.com/doc/59633458/CALL-TO-ACTION-PLEASE-FAX-THIS-TO-CALIFORNIA-ATTORNEY-GENERAL


After reading your letter, I'm quite sure it will fail to get any action from the Attorney General.  Your general allegations about a defunct company without giving any specific allegations or supporting documents to conduct an investigation just isn't going to have any effect.  I think this course of action (having multiple people fax this letter) will actually discredit the letter even more.  It is difficult enough to have an Attorney General take action against companies with VALID, SUPPORTED, COMPLAINTS.  Your letter falls really short of that.     
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Bill
I have submitted to the CA AG the necessary proof of the fraud at the same time I ask for others to fax.
I also now have a petition online for others to sign.

http://www.change.org/petitions/tell-ag-kamala-harris-to-investigate-get-an-injunction

A

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Foley
Is the CA AG following in the footsteps of what the NY AG is doing? Fax all you want, but there's your answer.

 What does she do? 

Click on the link on the main page here that says California “Strike Force” Will Target Mortgage Fraud at All Levels

Pathetic and it's all a bunch of b*llsh*t.
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update--2012--New Century and Home123 Corporation, now New Century Liquidating Trust, is still in bankruptcy in Delaware.  Several pro se's have filed proof of claims and APs (adversary proceedings) and gotten cash settlements of between 60-80K.  There are more and more homeowner/borrowers who are filing claims and APs up there (99% pro se).

The New Century Liquidating Trust has about $30 million in cash still.

note--an AP is a lawsuit within a bankruptcy

You can look at the history of documents filed for this case 07-10416 KJC in Delaware bankruptcy.  Then there are some homeowner/borrower APs under their names and a different AP number. Look for Marks, Ralph White, Helen Galope,  Tiphanie Goines etc

Two have found that no notary journal entries were made when the notary-employees of New Century Mortgage and Home123 Corporation did the thousands of notarzations of assignments.  This is illegal. Additionally, they did not turn in their notary journals to the county (orange county california) recorder's office once their commissions expired.  Also illegal per California notary laws.
Erika Reyes and Andres Rojas have not turned in their notary journals.  If you had a Califiornia notary who worked for New Century or Home123 Corporation:  Erika Reyes, Andres Rojas, Alejandro Mercado, Marisa Carrisco etc (list not all inclusive), you are entitled by california laws to pay .30 cents per page and get a copy of their journal page related to your property.  Send a copy of your assignment with the .30cents and a letter to Tom Daly, Orange County Recorder in California.  Look online for the address.

If the recorder tells you that he has no notary journal, you should make a report not only to Debra Bowen, CA Secyt of State, but also to Kamala Harris, the CA State AG who has established a Foreclosure Fraud Task Force.  Tell them you want an investigation.






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t

Abby's assertion that claimants are getting any substantial claims approved out of the bankrupt estate of New Century seems likely to be yet another scam.

 

While it is possible that some borrowers with legitimate valid origination fraud claims against New Century could make a claim or initiate a suit against the liquidating trust, it seems far more likely that swindlers have identified this as yet another avenue to separate fools from their money.

 

Story:  New Century is giving away tens of thousands to borrowers.  All the borrower needs to do is present a claim to New Century.  For only $2,000, Mike H. [insert the name of swindler here] will help you prepare a written claim to file.

 

When your claim is DENIED, then this will be because of the dishonest and corrupt trustee of the liquidating trust, etc.  The fact that Mike H. and his fellow swindlers have no actual ability whatsoever and that the claim is specious and without any possibility of being allowed will be irrelevant and immaterial.  The important thing is that Mike H. will be PAID.

 

Realize that most states have statutes of limitations for fraud.  Fraud also must be proven.  Defects in acknowledgment of instruments would not ordinarily constitute fraud and even if it did, the distressed borrower would need to show how they were injured and an amount of damages arising from the fraud.

 

It is UNCLEAR whether Abby has been taken in by swindlers or whether Abby is in league with swindlers, but absent some more specific verifiable facts, I would make some inquiries but upon the first indication that someone is seeking to be paid for helping prepare a claim, I would get very specific information about those involved and REPORT this information directly to law enforcement.

 

NOTE:  There are unquestionably a LOT folks who were defrauded by New Century.  Proving the fraud can be problematic.  Most of the origination fraud is now beyond the limitations period. 

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Bill
t wrote:

Abby's assertion that claimants are getting any substantial claims approved out of the bankrupt estate of New Century seems likely to be yet another scam.

 

While it is possible that some borrowers with legitimate valid origination fraud claims against New Century could make a claim or initiate a suit against the liquidating trust, it seems far more likely that swindlers have identified this as yet another avenue to separate fools from their money.

 

Story:  New Century is giving away tens of thousands to borrowers.  All the borrower needs to do is present a claim to New Century.  For only $2,000, Mike H. [insert the name of swindler here] will help you prepare a written claim to file.

 

When your claim is DENIED, then this will be because of the dishonest and corrupt trustee of the liquidating trust, etc.  The fact that Mike H. and his fellow swindlers have no actual ability whatsoever and that the claim is specious and without any possibility of being allowed will be irrelevant and immaterial.  The important thing is that Mike H. will be PAID.

 

Realize that most states have statutes of limitations for fraud.  Fraud also must be proven.  Defects in acknowledgment of instruments would not ordinarily constitute fraud and even if it did, the distressed borrower would need to show how they were injured and an amount of damages arising from the fraud.

 

It is UNCLEAR whether Abby has been taken in by swindlers or whether Abby is in league with swindlers, but absent some more specific verifiable facts, I would make some inquiries but upon the first indication that someone is seeking to be paid for helping prepare a claim, I would get very specific information about those involved and REPORT this information directly to law enforcement.

 

NOTE:  There are unquestionably a LOT folks who were defrauded by New Century.  Proving the fraud can be problematic.  Most of the origination fraud is now beyond the limitations period. 


I took a brief look at Abby's claims.  It appears they are incorrect.  The claims by the pro se litigants have been REJECTED.  The trustee objected to the claims because they were filed after the bar date to claims as well as just being unfounded gibberish.  I suspect in the next month we will see order putting an END to these petitions.


This is a hearing from December in regards to Ms. Galope.  

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Then there are some homeowner/borrower APs under their names and a different AP number. Look for Marks, Ralph White, Helen Galope,  Tiphanie Goines etc

This is a VERY long transcript (121 pages) but as with every train wreck there are lessons to be learned and it may be worth reading.
  
With the hostile Judges the homeowners in FL face, this transcript reads more like a script from Saturday Night Live where the Court AND OPPOSING COUNSEL bend over backwards to accommodate Ms. Galope who has NO idea about procedures, evidence, objections, or the court system in general.  


Some interesting/humorous high lights:



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Q. Ms. Galope, is it correct that in March of 2010 in your bankruptcy, you filed an action which you named New Century as a defendant?

A. I named him on one of them, yes.

Q. Okay. Could you turn to Exhibit 10 in my binder that you have in front of you?

A. Okay.

Q. Is that the document in which you named New Century as a defendant within your bankruptcy matter?

A. There were two filings on that adversary proceeding. One was something that I came up with, Your Honor. It was something that a good Samaritan had helped me put together the first time. And on that -- I believe, on one of them I have identified New Century; on the other, I have not. 

I thought t would find that humors.  Maybe the same "good Samaritan" helped here with this idea also.

But back to the real point....When you want the court to make a decision on your motion, it is best to know what you want the court to do...........

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THE COURT: Okay, Ms. Galope.

MS. GALOPE: Yes, good morning, Your Honor.

THE COURT: Good morning. 

MS. GALOPE: Thank you for giving me this opportunity to be heard in front of you. On the matter of the intertwined representation by counsel, I guess I have put forth all of the arguments I have made, and I'm just waiting for the Court to decide on that matter.

THE COURT: Well, tell me what it is you want the Court to do.

MS. GALOPE: Well, basically, Your Honor, this is a bankruptcy, and what I'm seeing is counsel -- there's so many counsels here, I don't know how to count them. Some of them may not be here. And my understanding is that the trust -- the trustee should be represented by a disinterested party. And what I’m seeing here is he is represented by the counsel from a former creditor, the major creditor of this bankruptcy who actually did get the lion's share of the allowances here, is also representing the trustee now.  Now, it brings the question, what is the nature of the relationship here of the counsel, now, with the trustee and with the creditors before them. Now, Mr. -- Counselor Root has made mention of several situations where previous cases have this scenario before where counsel represented many parties like the debtor -- the same way that is happening here. Now, while it had happened so many times before, that does not make6it right. There's rules of the court that says you can only do so by -- counsel from the debtor should represent the counse from the trustee.

THE COURT: Tell me specifically what you would like me to order today.

MS. GALOPE: Well, Your Honor, as a pro se litigant here today, I am just as handicapped as many of the pro se litigants here, and to be fighting against -- litigating against counsels in their expertise and there are so many of them, the scales of justice is just so tipped to one side. And I just would like to, with your blessing, Your Honor, let it be a fair playing field. And it's up to the Court to decide on that.

THE COURT: Okay, but you need to tell me what it is you would like me to do to achieve the goal that you just stated.

MS. GALOPE: Like, you know, let me tell you what happened when I was looking for all these binders, Your Honor.It was so hard for someone like me who is also working and taking care of my parents and to be up against these professionals who do this day in and day out. And I may just fail on a technicality here. So if the Court would probably be -- accord me some leeway here, like my binders, for instance, they don't have the tabs like the Court so requests. And some leeway here, Your Honor.

THE COURT: All right. Ms. Galope, let's just leave it this way. I see no discernable relief that you've even asked for or that I can grant in the way of the motion that's listed at number 14 on the agenda today. But when you say to me "as someone who represents themselves, will you grant me some leeway", that's typically what we do here.

If that fails....articulate your arguments and questions clearly............

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Q. Okay, but you understand that as borrowers in this bankruptcy, that the -- your position changed; we now became creditors and New Century becomes the debtor. Are you aware of that fact?

A. I guess I don't understand.

Q. I don't understand either, but that is the fact of the matter here.

A. I guess I don't agree with it. I don't think that the borrowers became creditors.

Q. Well, that's why we are, unsecured creditors, they call us here. And I think I -- let me take back what I said, that I don't understand, but I have an idea of how it happened. So at that time, nobody knew within your group that made this decision that that is a reversal, there's going to be a reversal when New Century files for bankruptcy?

A. Our -- we did not view that the creditors -- I'm sorry; we did not view that the borrowers would become creditors by virtue of the bankruptcy filing. Our position was that the borrowers were account debtors; the borrowers owed money under their loans. They weren't creditors



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Q. How long have you been involved with bankruptcy, Mr.Jacobs?

A. Over thirty years, now. 

Q. More than thirty years. This reversal of standing of debtor becoming a creditor in a bankruptcy, how does that happen? Would you please explain to the --

A. I don't understand the question nor am I a lawyer.

Q. You have the experience of thirty years, like you said.Like in a bankruptcy, the standing of a debtor and a creditor reverses?

A. I don't agree with that. But again, I'm not a lawyer.  That's not a -- to the extent that's a legal conclusion, I can't reach it. But I don't believe in it as a general bankruptcy practitioner.

Q. I just wanted to ask, a reversal happens because the creditor, New Century sells a note to another lender, and with that, sometimes, and it's said in many of what I read, that the creditors, New Century earn more than what's the face value of that note. I don't know how. And that's what I'm trying to get at.

Clear as mud.

I think what IS clear from this hearing is that even IF Ms. Galope was allowed to proceed with her claim (all action is stayed) she is going to have little chance of prevailing with her claim not only from an evidence standpoint but from a procedural standpoint.  She has NO idea what is going on.  



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ka
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A. There were two filings on that adversary proceeding. One was something that I came up with, Your Honor. It was something that a good Samaritan had helped me put together the first time. And on that -- I believe, on one of them I have identified New Century; on the other, I have not.
 
One wonders how much Ms. Helen GALOPE PAID the "good Samaritan" who assisted her with her claim.  It seems likely that this Samaritan was probably merely a swindler like Mike H. who told Ms. GALOPE that she was getting a fantastic bargain.
 
Rather than charge Ms. GALOPE a $5,000 retainer, the Samaritan would take only $500 at first and let her pay by installments.  In return, the Samaritan would prepare a document containing total gibberish, but which the Samaritan would assure Ms. GALOPE promised some chance of a much larger recovery.
 
The recovery was probably always just one more hearing and $500 further away.
 
Now people like Abby, who is either a FOOL or a confederate of the swindlers, posts this nonsense to the Forum to assist the swindlers in identifying new victims.
 
Thanks t and Bill for your thoughtful and clarifying posts!
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it is now April of 2013 and New Century is still in bankruptcy in Delaware.  the NCLT is trying to destroy and abandon loan documents, data etc.

several pro se's, and yes they filed their proof of claims years after the bar date, because non of the homeowner-borrowers were ever notified of the bar date, have gotten settlements.  Several settlements are over 60K.

now there are even more pro se's up there in that bankruptcy.

I don't know about swindlers.  I'm not a swindler.  I don't offer anything to anyone.  I don't sell anything.  I have been a claimant in the New Century bankruptcy.

As to Ms. Galope, she is an engineer and not a lawyer.  She is doing the best she can.  She actually got an early debtor attorney named Uhland to testify that they never considered the homeowner-borrowers as creditors and thus, none of the homeowner-borrower's were ever notified of the bar date.

This is still on the table up there.  the recent denial of writ of certiorari by the US Supreme Court means the Wright v. Owens Corning Third circuit appeal decision stands and it has a big impact on retroactivity and bar date notice. So go check that out.

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and the person posting as 'Bill' on here is actually opposing counsel to the pro se's up in the New Century bankruptcy in Delaware.

he is billing his billable hours for posting on this blog to the New Century Liquidating Trust.

the appointed trustee pays his attorneys up to 300K per month!!

so keep that in mind when reading 'Bill's blog posts here
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and here it describes on page 3 an 80K settlement for a pro se

http://www.scribd.com/doc/135509301/New-Century-Mortgage-pro-se-negotiates-an-80K-settlement-in-the-New-Century-bankruptcy
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Kit
Quote:
and the person posting as 'Bill' on here is actually opposing counsel to the pro se's up in the New Century bankruptcy in Delaware.

he is billing his billable hours for posting on this blog to the New Century Liquidating Trust.

the appointed trustee pays his attorneys up to 300K per month!!

so keep that in mind when reading 'Bill's blog posts here


Contrary to the disinformation posted, Bill is a singularly successful pro se litigant whose has been defending his home for almost four years. The plaintiff voluntarily dismissed its case almost a year ago. Last time I heard, the plaintiff hadn't refiled.

Bill has remained in his home for four years without spending a dime on attorneys' fees getting the original case dismissed because he carefully read the useful threads here at the Forum and did extensive reading of the cases for his judicial foreclosure jurisdiction.

Bill continually gave back to the Forum until he got bored with seeing all of the various posts by scam artists celebrated, while useful posts by those who are actually succeeding in defending their homes removed by the site administrator.

Clearly, Bill's post was intended to help prevent someone from being drawn into the scam that there is a pot of gold at the end of the rainbow for New Century borrowers.
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ELLIOTTP
NEW CENTURY MORTGAGE.  THIS IS A VERY INTERESTING AND TRAGIC MATTER.  UNKNOWN TO THE PUBLIC AT LARGE, WITHIN THE NEW CENTURY MORTGAGE/CORP. FILING FOR BANKRUPTCY THE MERS MEMBERSHIP OF NEW CENTURY WAS CANCELED ON APRIL 24 OF 2008.  THIS CANCELLATION WAS ALSO APPROVED BY THE BANKRUPTCY COURT; AND MOREOVER ALL FORECLOSURES THAT HAS BEEN CONCLUDED OR IN PROCESS IS FRAUD DUE TO THE CANCELLATION OF THE MERS MEMBERSHIP WHEREAS MERS IS STILL CONDUCTING ASSIGNMENT.  IN OTHER WORDS IF YOU HAVE BEEN FORECLOSED ON OR IN PROCESS OF BEING FORECLOSED AND EVEN THOSE HOMEOWNERS CURRENTLY PAYING, YOUR ASSIGNMENTS DOES NOT HAVE STANDING GROUNDS.  IF YOU NEED ADDITIONAL INFORMATION CONTACT ME DIRECTLY.
PAUL ELLIOTT
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