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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PB

For those of you who have not seen this yet...as new people unfortunately come into foreclosure all the time...make sure you or your attorney make a formal written request to the court to have the foreclosing mortgage company produce, in court, the original note.  Many times the big guys can't because they sold it to Wall St. or other investors and they don't even know where it is physically.  Big guys like WaMu, Wells Fargo, Ameriquest, Deutsch Bank, etc.  They sell the original note and are only the "mortgage servicer" who can collect payments but CANNOT legally foreclose on your home. Even if the foreclosure goes through it is in the court record. Then you have a basis to sue for damages and other violations, or appeal.  Get a different attorney if you have to.  One can also make this request in court verbally but at a hearing where it is being recorded.  In fact bring it up at every single hearing so it gets in the court record (for the reason if you have a Judge who doesn't know what is going on nationwide and/or so it is a basis for an appeal - which gets in front of a different Judge, different Court).  Order the court transcripts then so you have the court record in your hand.  Look up the particular state law on mortgages/real property and almost all state that the foreclosing company MUST own the original note or negotiable instrument. 

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Big Mac

How can we get this out to more Judges?

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Moose
Mac, the judges know. But consider what they see every day in this rush-to-foreclose world - the vast majority of foreclosures aren't even contested and it's just a formality. And in some cases the challenge being offered is from a pro se litigant who uses some of the weirdest schemes you can imagine. Judges and bar associations do share information about what they're seeing as do court clerks.

Then there are the non-judicial states where a judge never sees the case.

There are instances where a judge (like Boyko) will look at a procedural flaw in a case or series of cases, but in those situations he or she is not acting on behalf of the borrower. They are simply enforcing the rules of civil procedure if and when a violation is pointed out to them or they happen to catch it.

A judge won't, and can't, act on behalf of a litigant. If a party in a suit doesn't raise an issue in their pleadings and claims, the judge isn't going to do it for that party. In other words, if the servicer's attorney files a pleading or affidavit that says they have standing to foreclose and the borrower doesn't respond and require strict proof, the courts generally will not step in and ask them for it. If you do respond and demand to see it in the discovery phase of the case and they don't (or can't), then it becomes an issue of standing that the judge will have to rule on.

The standard practice in these cases is for the attorney to produce a lost note affidavit, which is essentially someone in some entity swearing on paper, under oath, that they know of the existence of the note, have seen it and can attest to the chain of custody. This has become so common-place and the foreclosure mills so sloppy that they have been allowed to stretch the rules - again because they rarely get challenged.

Having said all that, if you're relying on challenging the ownership and production of the note to save your home from imminent foreclosure you've let the situation get way too far. These procedural rule violations will be worked around and the proper party with standing to sue will be brought forward - or as I'm sure we'll see, the allegedly lost documents will magically appear with the right dates and signatures.

That's when the real battle starts. Everything else is just a warm up.

Trust me, the predators are not going to just fold their tent and go away. They have billions of dollars at stake and millions to spend on attorneys.

Moose

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I am with Moose on this one; the "magical" reappearing documents have been heard of in the past. In this electronic age, document alteration and forgery is way too easy. Almost anything can be scanned into a computer and altered without too much effort. (BUT, just for arguments sake, say the borrower has kept his own copy of the original documents. And what if the servicer appears in court with something similar but not quite the same? Wonder what the judge would do in that case?)

This is one reason we try to warn people not to sign their QWRs and other correspondence with servicers; just type your name in. Once they have your signature it is copy and paste time to create magic documents. Odds are they servicer does NOT have the original docs and you would be giving them the ammunition needed to create false paperwork. Do not allow anyone who was not involved in the original transaction to have your signature.

I am beginning to think that is what these proposed "modifications" are all about- a ploy to get a borrower's signature. Rarely do "modifications" work out, the foreclosure proceeds as scheduled as though the modification never existed. But servicers show an extreme interest in getting as many people as possible to fill out the forms and SIGN them. Ever wondered why? I have....and have imagined sweat shops full of people feverishly cutting and pasting as fast as their little hands can work. Then, it is off to court....to FORECLOSE! With "properly signed" documents..

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h gosh
Arky girl - you are right on track, as usual.  Here is another ploy used in PA.  Servicer starts foreclosure proceedings, borrower challenges.  Case goes through document production, usually with the servicer requiring copies of pertinent documents (forbearance agreements, copies of original note, (if escrow accounts are challenged, or ARM adjustment challenged etc.)  Servicer withdraws complaint.  Servicing of note is transferred to new servicer, new complaint filed with COPIES of all pertinent documents attached to complaint, leaving little doubt that the new servicer/trustee, note holder, etc. has actual custody of documents.  Problem is, the documents produced in the original complaint are transferred, and the new complaint contains copies of the documents that the borrower provided during the first go round.  Again, everyone has to demand that the ORIGINAL documents be produced.
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I was wondering what can be done in CA, where most foreclosures are done by a non judicial private sale?  Do I just sue the bank for an injunction against foreclosing until they produce the original note?

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arkygirl
Considering the vast amount of fraud that is being uncovered concerning mortgages all over the country, I think I might lobby my legislators to turn my state into a judicial foreclosure state first thing.

There is a reason that so many scammy lenders came into being in CA. Everyone under threat of foreclosure needs a day in court to make the plaintiff prove standing if nothing else. Otherwise they may be stealing from not only the homeowner but the true owner of the notes.

This has turned into a gigantic theft ring and people in nonjudicial foreclosure states are prime targets. Your elected officials are supposed to look out for you, their constituent. Make them pay attention.


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PB
The request for the original note should be made as soon as possible when your served a foreclosure complaint. The request should be made in writting when responding to the complaint. BUT it can be brought up at any time and use the "Best Evidence" rule/law. Get it in the court record. Then if the local Judge doesn't act on your written motion you have a chance in the appeals court. It is the law that the original note is produced. Look it up in your state stats, it is not just a scam to delay foreclosure.

One might see a copy of the note but this is not the original. Copies can be obtained by anyone who just visits the courthouse where it was scanned in the beginning. There are more and more cases/case histories being developed across the nation on this.  Judge Rosenthal in the Fed. 1st Circuit is another one besides Boyko in Ohio.  There are many others, just look over the internet or through a legal search service such as http://www.versuslaw.com  or http://www.law.com 


PB
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PB, THANK YOU! please keep up the great work!

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PB, are you an attorney?  If so, I'd like to speak with you.  Please call me at (323) 377 - 4872 or email me at K_harouni@yahoo.com.  Of course, I would pay you for any advice. 

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With regard to the filing of "Affidavit of Lost Note". 

This is exactly what Litton and WaMU did to foreclose/auction on my deceased cousin's home.  However, when this happened to him this was all done before the now ongoing congressional hearings and federal investigations.

At that time, the court and judges sided with the mortgage company's, banks, lenders, their attorneys and did not care about homeowner's rights.



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PB
Lynn - check the statues of limitations in your state where your cousins home is, if in that time frame you have a valid claim (or your cousin's estate does) to file a lawsuit against WaMu and Litton Loan. Go to the clerk of court's office and ask for the file by Case No., look at the Complaint and it will have WaMu's name on it...but I bet $100 it has an address of 2700 Northland Drive, Mendota Heights, MN on it.  This is where Fidelity Foreclosure & Bankruptcy Solutions, Inc. (a DBA) is located. WaMu hires them to do the dirty work, Fidelity then hires foreclosure mill law firms across the USA to file the foreclosures and represent them.  The illegal part is Fidelity keeps out of sight from the Court, the Judge, the Defendant (your cousin) not disclosing that they are a party of interest in the Complaint, that they are controlling the hired law firm.  Then, the law firm pays a cut back to Fidelity, which is a non-attorney company. Completely illegal, violates criminal law, civil laws, ethics, the attorneys are breaking their oaths they took. 

If you do something, hire an attorney away from the county this took place in. Attorneys in the same county or area don't like to rock the boat as they will face the judge in many cases for the next 20 years and don't want to upset him.  Doesn't matter that your paying him, his loyalty is to their "brotherhood". 

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Thanks PB!

I will take a look at any and all WAMU court documents and see if it has that address of 2700 Northland Drive, Mendota Heights, MN on it.  This is where Fidelity Foreclosure & Bankruptcy Solutions, Inc. (a DBA) is located.

With regard to the Attorney Code of silence!  You are absolutely right!  My experience has been so horrible I will have to write a book someday on the coercion and corruption of attorneys and unfortunately some judges, too that were involved in this sub prime lending mess, bankruptcy, estate matters and other real estate matters in general.

Even worse, the lawmakers I went to stood by and did nothing as well.  One particular judge,  I believe to be related to the attorney on this case.  However, this town has always been crooked back to the days of President Abraham Lincoln.  When he had to bring in the federal troops to arrest several politicians and not a thing as changed in today's time.


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Hello All -

I appreciate this website...I have a question for anyone that knows the answer.

I understand that companies securitize their mortgage notes/security deeds.  I have also researched how to find the certificate numbers for the certificates that the company issued to the public.  These certificates are backed by the mortgages notes.

What I am trying to accomplish is finding out the company that the bulk of loans  were sold to (if possible).  By finding this information out, when I request for "original note" and when services claims they are the owner in due course...I can challenge it with my findings.

I am at a stand still because, I have contacted the mortgage company and asked to speak to their ABS department...but they are blocking me from doing so. 

Question:  Do you know of another way that I can determine the contracts that suppose to back a particular series of the asset back securities?

I called the Security exchange commission but merely got the Trade Agent of the mortgage company...but unable to speak to the ABS department.

Question:  If an investor owns the note...and holds a certificate...how can they foreclose?  I am under the impression that investing in the market is a risk with no guarantees and if the debtor defaults they merely claim their loss on their taxes for a tax break.
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Also - I have stopped my for closure and I live in a non-judicial state. 

The attorney attempted to foreclose on my home and stated they will sell my home through the power of sale on 6/2/08 (1st Tuesday of the month).  I responded to their letter in a timely fashion and it was not called at all on the court house steps.

They then sent me a copy of the security deed and I responded back to them enclosing a questionnaire since the attorney is acting as a debt collector.

As of 8/2/08 - I have not hear from the attorneys office and my house is not scheduled to be sold for the month of Sept. (I watch the public section in the papers).

I was told the attorney may just ask another law firm to handle it...and if that is the case - I will repeat the steps I did with the first one.

It's time we stop these bloodsucking bankers...

thefraudstopshere@gmail.com

Shalom
Mayah


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PB

Good

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PB
Good for you Mayah.

Watch out for copies, watch out for forgeries, check everything from names addresses, who is being copied what, for any clue that something doesn't add up. They are now having whole departments that do nothing but commit fraud by photocopying false documents, sign YOUR signature and so on.


PB

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Well PB...

You have to discredit the instrument that the mortgage companies uses to enforce the foreclosure.

The security deed is a fraudulent document...therefore, you need to file saying such at your county deed of trust office...which most of the time is at the county court.

I hope this helps...this is your answer....

Also...if one looks up a prospectus of the mortgage company that originated the loan...you will find who they more then likely sold the mortgage note and security deed to when they securitized the instrument as well.

When you have this information...you can boldly with confidence tell your loan servicers to take a HIKE...because they have no beneficial interest in the property therefore, they are not holders in due course...nor can they enforce the fraudulent security deed. 

How many people speak to their mortgage lender with that type of authority?  Not many...very very few...this too is the reason why many lose their homes...because they believe the mortgage company did something for them...when in reality...they did nothing...

Talk to you later PB...

Nice Chatting with you...Mayah...shalom
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Hi,

Hi,
May I suggest that you read up on the duties and responsibilities of a Document Custodian? This is the entity that is charged with safe guarding your original loan documents (note, mortgage, warranty deed...). A good place to start your search is by perusing the Fannie Mae Single Family Selling and Servicing Guidelines. Fannie Mae Requirements for Document Custodians (RDC), provides additional detailed information on what is required of institutions that are providing document custody services on behalf of Fannie Mae and supplements the Fannie Mae Selling and Servicing Guides.


Once you determine that your loan is federally related, and who the investor is, you can subpoena the investor to request information about your loan, such as: the original note; original mortgage or deed of trust; who currently is holding the note (also who was the previous holder(s) & any allonges, assignment, sells, and/or transfer of the note ); a copy of the Pooling and Servicing Agreement; the certificate of title and; the name of the  trust and  pool that your loan is securitized in.

 

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Thank you so much...yes I am dealing with GMAC LLC... I have since learned that GMAC does act as the custodian of the original documents for their investors, I have pulled their summary prospectus and found that information, I also contacted their ABS department to inquire about some information as well about the certificates they issued that are backed by retail automotive loan.
 
See, I am doing this on my vehicles...my home is another issue and that's with the servicer Countrywide... I am in court at this time with GMAC LLC and I am pro se at this time.   They are trying to dismiss my counter claim for fraud and my next court date is September 8th.
 
I requested a jury trial but as you may be aware the judge did not grant it to me...but issued a writ of repossession.  This happened on June 2..don't worry I still am in possession of both of my vehicles.  I know I properly requested a jury trial on 5/1/08 and anything this corrupt judge does after that is just that...corruption.
 
The judge finally is scheduling me for October 2008 / November jury calendar...but in the meantime...GMAC is trying to dismiss my counterclaim.   They have violated RESPA and USURY Laws so I am not worried about the dismissal. 
 
I've provided enough evidence that they are not the correct party before the bench to make any claim to begin with...but we shall see...anything goes in these corrupt courts.
 
Thanks again Darva...and I will research...what you sent to me...greatly appreciate it... (It's a breath of fresh air to see others so informed as well)...join me in trying to educate others about the fraud of these loan transactions...
 
Mayah....

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Ohio
Mayah wrote:

They have violated RESPA and USURY Laws so I am not worried about the dismissal.


RESPA violations on vehicle loans? 

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Guys,

Here's the scoop...I'm using my new name...Here's my scoop again....

Wanted to let you know...I got called by some punk collector from Citi last night...He did offer me modification offer...However, with them not knowing who owns the 2nd, and no one making anyone be responsible I'm done. I've found a nice home to rent for $1200 per month within the same school district here where I live. So there won't be any issues with my children having to transfer schools or anything. This I'm grateful for.

The home I found like I said is $1200 per month. If I had stayed here it would still cost me $1414 per month. And there's money needed for repairs. Plus I'm excited about the new home I've found for my children. I figure if anyone ever holds any of them responsible it would be a miracle. But this way its over and time to move forward. AS THEY DID FORECLOSE TODAY....

I decided its best to get out from under the house. If anything ever becomes of what I've done I attempted to document things well. This morning I sent the email below to the foreclosing trustee. After I sent it an associate told me its a little INFLAMMATORY and I SHOULDN'T of SENT IT...i SAID TO MUCH TO LITTLE TO LATE NOW...WHO KNOWS CITI CONSIDERS WHAT I FILED A NUISSANCE CASE....I WONDER HOW THEY WANT IT ?  NOT EVERYONE IS A LIAR....

SR. BANKRUPTCY JUDGE GONE OFF THE DEEP END

                                        JUST HOW CROOKED ARE THE BANKS TODAY?

This flyer is just an example of DESPICABLE BANKING PRACTICES.  If you think you're filing bankruptcy to get help think again. Judges in St. Louis are on the take by the LOCAL Attorneys that represent mortgage companies or possibly you.

Millsap and Singer is just one such firm. At any given time they have 500 foreclosures going on. Their motto is don't believe a word from a debtor/homeowner. As there's no way they could be saying anything TRUE. I truly know what they say isn't true I've proven such practices since I've been working in the banking industry.

They submit false evidence in cases knowing it's not TRUE! JUDGES ARE ON THEIR SIDE IF YOU TRY TO CONTEST IT. Anything you file will just be disregarded. Even if it's TRUE! The JUDGES THAT ARE SUPPOSE TO BE UPHOLDING THE LAW ARE NOT.

The LAWFIRM of MILLSAP & SINGER would rather be sued and lose more money for themselves and their client than rectify anything! So DON'T FIGHT TO KEEP YOUR HOME EVEN IF YOU CAN PROVE THEIR DISHONESTY.

Anyone can say I'm a liar. However, if they were knowledgeable they would just CONFESS TO THE CRIMINAL ACTS THEIR PULLING EVERYDAY! But I guess when you can lie and deceive anything one may know it's a good practice to do.

My history in the mortgage banking arena started several years ago prior to accepting employment with National Asset Recovery Services.  I was employed with them collecting on charged off mortgages for Chase and CitiFinancial.  That is until come to find out you can't even accept employment in the State of Missouri without being lied to. If you try to make anyone aware of the fraud they just disregard you.

Seriously, NARS made Chase lose a lawsuit over selling mortgages.  They lost $170k and mortgage notes because NARS NEVER HAD IT IN THEIR CONTRACT TO SELL MORTGAGE NOTES IN BEHALF OF CHASE.

I lost my employment for attempting to do what's right. Sure let me pay you $80k for non-performing notes and not want them. However, unknown to me the investor was just as big a crook as NARS was or is still today.

They on a continual basis make employees have to question their collection practices. I actually to not break the law in doing collections would have to call Chase to have accounts pulled or else I'd be forced to work accounts that were placed in error in my office.     

The tactics of this agency along with Millsap and Singer are the same. They don't even have proper signatures on documents presented to court.  SR. JUDGE BARRY SCHERMER JUST DOESN'T CARE!

If you file bankruptcy in his court and show cause for not having standing he'll just dismiss it as a NUT JOB CASE.  ATTORNEY'S WON'T STICK UP TO THE BANKRUPTCY CLUB HERE IN St. Louis.  Therefore, anyone involved with Millsap and Singer or attorneys in St. Louis BEWARE!  Their only interest is their own pockets not any PROPERTY LAWS THEIR TO UP HOLD.

Seriously, if anyone doesn't believe me check my credit history. Check my former employment. Check the cases of bankruptcy I tried to file.  Judge Schermer will just dismiss your bankruptcy as you're not a good law abiding citizen. A dead beat who doesn't deserve justice. Your just another case for him to be bought off on.

See before I accepted employment with NARS I was told they had it within their contract to Sell mortgage notes for Chase. In this position I collected on mortgages for both Chase and Citifinancial. CitiFinancial knowingly places accounts for collection knowing someone may of filed bankruptcy and walked away. They knowingly won't give answers on amounts due on file. And judges don't make them uphold property law rights. They know your loan should have been rescinded for fraud perpetrated against you but do nothing! As you decided to file bankruptcy thinking they would up hold some type of laws but they're not.  

They just say your behind and your due. What if just by chance you've done everything to be an honest individual and still can't win? See I was injured by an unknown accident that gave me a ruptured disc in my back. Trying to go forward I had it fixed in 1996. The unfortunate thing is in less than a year a driver hit me on Hwy 70 going west bound in east bound traffic.  Since this time I've endured pain everyday from the fear of NEVER WALKING AGAIN since my chances of walking are a lot less than they were the first time around from such an operation.

So I attempted to continue my professional career doing collections until the above happened in 2004 with NARS.  Then unfortunately the business venture I attempted to do didn't work out as I planned. However, in attempts to rectify my business matters I tried to take my MORTGAGEE CITIFINANICAL CLIENTS THAT could pay my mortgages many times over. Only to not have transaction happen because of CitiFinancial's GREED. They turned down making $10-$50m per month all because once they sold something they still wanted to make money! A new twist to collections….It's sold but its not sold cause we still want to make money from you once we've sold you something.

 

The other investor didn't work because he couldn't purchase portfolios in the purchase price amount Citi wanted. Seriously, I have clients that could probably make Citi a couple of Billion Dollars in currency transactions. Or if they gave proper information for a sale could sell a portfolio of REO's where buyer is willing to purchase $200-$300m of REO's from them.  But of course for whatever reason I'm being foreclosed on today!

So I want to know how one does good business anymore.   See part of the reason I'm in this situation is because all these collection agencies get by with lying!! The JUDGE must be BOUGHT OFF BY THE BANKS! Wonder how much he's raking in.

I've submitted a SUBPOENA DEUCES TECUM and Summons to Citi. I was told yesterday the type of case I've filed their considering a NUISSANCE CASE. How is it a NUISSANCE to get them to prove what they should of proven all along? Every law in our country dictates PROPERTY RIGHTS BE UPHELD. That to foreclose you should have in POSSESSION proper documentation showing OWNERSHIP. Judge Schermer and Trustee John La Barge have attempted to deny me this. So I know their doing it to everyone else! Just because I was a bill collector and know the laws that are supposed to be upheld doesn't mean I should be denied fairness in any court proceeding.

I will be at the foreclosure sale today passing this out.


I decided not to go to the sale today though...Figured what's the use? Plus I'll have a nicer house to live in...So who knows maybe there's many blessings in life after all..

Then after all this happened we pulled David's credit bureau today...WE found out that Citifinancial sold our mortgage note to Citimortgage SBM on June 30, 2008. Five days after the BK judges ruling...Interestingly enough I'm a nut job now...Even though their sister companies or WTF they are I should of been notified of them selling it between themselves...I did a search on Citimortgage SBM and found a listing that was interesting...They also foreclose by Citimortgage SBM-Abn Amro Mortgage Group in GA...So who knows who really owns what? THEY STILL HAVE NO CLUE....nor do they feel they owe me any PROPERTY RIGHTS what so ever...

So WITH or WITHOUT PROOF YOUR SCREWED....The other IRONY of all this is if they were to do PROPER BUSINESS


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Guys,

Here's the scoop...I'm using my new name...Here's my scoop again....

Wanted to let you know...I got called by some punk collector from Citi last night...He did offer me modification offer...However, with them not knowing who owns the 2nd, and no one making anyone be responsible I'm done. I've found a nice home to rent for $1200 per month within the same school district here where I live. So there won't be any issues with my children having to transfer schools or anything. This I'm grateful for.

The home I found like I said is $1200 per month. If I had stayed here it would still cost me $1414 per month. And there's money needed for repairs. Plus I'm excited about the new home I've found for my children. I figure if anyone ever holds any of them responsible it would be a miracle. But this way its over and time to move forward. AS THEY DID FORECLOSE TODAY....

I decided its best to get out from under the house. If anything ever becomes of what I've done I attempted to document things well. This morning I sent the email below to the foreclosing trustee. After I sent it an associate told me its a little INFLAMMATORY and I SHOULDN'T of SENT IT...i SAID TO MUCH TO LITTLE TO LATE NOW...WHO KNOWS CITI CONSIDERS WHAT I FILED A NUISSANCE CASE....I WONDER HOW THEY WANT IT ?  NOT EVERYONE IS A LIAR....

SR. BANKRUPTCY JUDGE GONE OFF THE DEEP END

                                        JUST HOW CROOKED ARE THE BANKS TODAY?

This flyer is just an example of DESPICABLE BANKING PRACTICES.  If you think you're filing bankruptcy to get help think again. Judges in St. Louis are on the take by the LOCAL Attorneys that represent mortgage companies or possibly you.

Millsap and Singer is just one such firm. At any given time they have 500 foreclosures going on. Their motto is don't believe a word from a debtor/homeowner. As there's no way they could be saying anything TRUE. I truly know what they say isn't true I've proven such practices since I've been working in the banking industry.

They submit false evidence in cases knowing it's not TRUE! JUDGES ARE ON THEIR SIDE IF YOU TRY TO CONTEST IT. Anything you file will just be disregarded. Even if it's TRUE! The JUDGES THAT ARE SUPPOSE TO BE UPHOLDING THE LAW ARE NOT.

The LAWFIRM of MILLSAP & SINGER would rather be sued and lose more money for themselves and their client than rectify anything! So DON'T FIGHT TO KEEP YOUR HOME EVEN IF YOU CAN PROVE THEIR DISHONESTY.

Anyone can say I'm a liar. However, if they were knowledgeable they would just CONFESS TO THE CRIMINAL ACTS THEIR PULLING EVERYDAY! But I guess when you can lie and deceive anything one may know it's a good practice to do.

My history in the mortgage banking arena started several years ago prior to accepting employment with National Asset Recovery Services.  I was employed with them collecting on charged off mortgages for Chase and CitiFinancial.  That is until come to find out you can't even accept employment in the State of Missouri without being lied to. If you try to make anyone aware of the fraud they just disregard you.

Seriously, NARS made Chase lose a lawsuit over selling mortgages.  They lost $170k and mortgage notes because NARS NEVER HAD IT IN THEIR CONTRACT TO SELL MORTGAGE NOTES IN BEHALF OF CHASE.

I lost my employment for attempting to do what's right. Sure let me pay you $80k for non-performing notes and not want them. However, unknown to me the investor was just as big a crook as NARS was or is still today.

They on a continual basis make employees have to question their collection practices. I actually to not break the law in doing collections would have to call Chase to have accounts pulled or else I'd be forced to work accounts that were placed in error in my office.     

The tactics of this agency along with Millsap and Singer are the same. They don't even have proper signatures on documents presented to court.  SR. JUDGE BARRY SCHERMER JUST DOESN'T CARE!

If you file bankruptcy in his court and show cause for not having standing he'll just dismiss it as a NUT JOB CASE.  ATTORNEY'S WON'T STICK UP TO THE BANKRUPTCY CLUB HERE IN St. Louis.  Therefore, anyone involved with Millsap and Singer or attorneys in St. Louis BEWARE!  Their only interest is their own pockets not any PROPERTY LAWS THEIR TO UP HOLD.

Seriously, if anyone doesn't believe me check my credit history. Check my former employment. Check the cases of bankruptcy I tried to file.  Judge Schermer will just dismiss your bankruptcy as you're not a good law abiding citizen. A dead beat who doesn't deserve justice. Your just another case for him to be bought off on.

See before I accepted employment with NARS I was told they had it within their contract to Sell mortgage notes for Chase. In this position I collected on mortgages for both Chase and Citifinancial. CitiFinancial knowingly places accounts for collection knowing someone may of filed bankruptcy and walked away. They knowingly won't give answers on amounts due on file. And judges don't make them uphold property law rights. They know your loan should have been rescinded for fraud perpetrated against you but do nothing! As you decided to file bankruptcy thinking they would up hold some type of laws but they're not.  

They just say your behind and your due. What if just by chance you've done everything to be an honest individual and still can't win? See I was injured by an unknown accident that gave me a ruptured disc in my back. Trying to go forward I had it fixed in 1996. The unfortunate thing is in less than a year a driver hit me on Hwy 70 going west bound in east bound traffic.  Since this time I've endured pain everyday from the fear of NEVER WALKING AGAIN since my chances of walking are a lot less than they were the first time around from such an operation.

So I attempted to continue my professional career doing collections until the above happened in 2004 with NARS.  Then unfortunately the business venture I attempted to do didn't work out as I planned. However, in attempts to rectify my business matters I tried to take my MORTGAGEE CITIFINANICAL CLIENTS THAT could pay my mortgages many times over. Only to not have transaction happen because of CitiFinancial's GREED. They turned down making $10-$50m per month all because once they sold something they still wanted to make money! A new twist to collections….It's sold but its not sold cause we still want to make money from you once we've sold you something.

 

The other investor didn't work because he couldn't purchase portfolios in the purchase price amount Citi wanted. Seriously, I have clients that could probably make Citi a couple of Billion Dollars in currency transactions. Or if they gave proper information for a sale could sell a portfolio of REO's where buyer is willing to purchase $200-$300m of REO's from them.  But of course for whatever reason I'm being foreclosed on today!

So I want to know how one does good business anymore.   See part of the reason I'm in this situation is because all these collection agencies get by with lying!! The JUDGE must be BOUGHT OFF BY THE BANKS! Wonder how much he's raking in.

I've submitted a SUBPOENA DEUCES TECUM and Summons to Citi. I was told yesterday the type of case I've filed their considering a NUISSANCE CASE. How is it a NUISSANCE to get them to prove what they should of proven all along? Every law in our country dictates PROPERTY RIGHTS BE UPHELD. That to foreclose you should have in POSSESSION proper documentation showing OWNERSHIP. Judge Schermer and Trustee John La Barge have attempted to deny me this. So I know their doing it to everyone else! Just because I was a bill collector and know the laws that are supposed to be upheld doesn't mean I should be denied fairness in any court proceeding.

I will be at the foreclosure sale today passing this out.


I decided not to go to the sale today though...Figured what's the use? Plus I'll have a nicer house to live in...So who knows maybe there's many blessings in life after all..

Then after all this happened we pulled David's credit bureau today...WE found out that Citifinancial sold our mortgage note to Citimortgage SBM on June 30, 2008. Five days after the BK judges ruling...Interestingly enough I'm a nut job now...Even though their sister companies or WTF they are I should of been notified of them selling it between themselves...I did a search on Citimortgage SBM and found a listing that was interesting...They also foreclose by Citimortgage SBM-Abn Amro Mortgage Group in GA...So who knows who really owns what? THEY STILL HAVE NO CLUE....nor do they feel they owe me any PROPERTY RIGHTS what so ever...

So WITH or WITHOUT PROOF YOUR SCREWED....The other IRONY of all this is if they knew HOW TO DO PROPER BUSINESS they could make $$$ instead of losing it with the clients I have...


I had some friends that left St. Louis about a year ago and came back...They've been staying in a hotel hoping to find jobs and such...They've ran out of money...I did the best I could to help with what we have going on...I just feel horrible knowing cause the job situation isn't much better for me...They have 5 kids between 5 mnths and 12 yrs old...I just feel awful...I took them to at least get some temporary shelter today thru an outreach center..But its TEMPORARY....and only for a week...They still don't have decent employment to try to help themselves...

I'm truly scared for them..The van their driving the plates are expired. Winshield cracked...No insurance...NO HOME....5 KIDS THAT CALL THEM MOM AND DAD....That could end up being the only thing they have besides whats in storage...Family is in SC...They were able to get some food from the people helping them but not much for a family of 7 to live on even til Tue so maybe they can get foodstamps...It's not that their not trying either....Gonna go before I go cry more...

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PB and all!

I think they may have forged my loan documents because I don't recall the broker telling me about a $80,000 balloon payment due at maturity from home equity loan that this broker sold to me.



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YES RESPA...I have a TIL (TRUTH AND LENDING) document with my car loan.


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Top Nut Job From MO

Top Nut - I don't know what your name was before.   You stated that they foreclosed on 8/29/2008.  You would properly get your disposition notice in a few days - since today is 9/2/2008. 

If you get it...you have 7 days to respond (check your state).  I could not follow your situation in detail...but it sounded as though...you attempted to file for bankruptcy.  Can you file in another county? 

I would suggest that you answer the disposition notice when you get it...
ASK FOR A JURY TRIAL in your answer... (TO TAKE IT OUT OF THE JUDGES HAND)...

Then make your claim... you can also file a wrongful foreclosure and ask to set a side...

Did you file a case?  The judge nor the attorney are fact witness so how dear they say you're a liar or a nut?

I don't know the laws of MO...but see if you have 7 days to answer the disposition when the sherriff comes...  I know GA has 7 days...

This fight is not easy and if you don't have the strenght you should fight...if you decide that you don't want to fight anymore...just know ...it's gonna continue to happen to others...until SOMEBODY stands up to them.

Shalom
Mayah!  
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Lynn -

The balloon payment was probably there in writing but they just never mentioned it to you because they knew...you would have freaked out.

A law should pass where - they (banking industry) must record the closing or the review of the documents...and a copy should be given to the borrower and the financial institution keeps one.

I bet they would get their act together at that point...or find a loop hole around the recording too. 

Financial institution are committing fraud by not disclosing material facts of the loan.   Fraud of concealment...

Lynn if the original mortgage company operate in a fractional reserve system.  Your loan is properly fraudulent in nature and they did not disclose all material facts.

Shalom
Mayah

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Top Nut Job From MO

Let me clarify a little...

When I mean RESPA...I mean (disclosure) documents...

Respa protects a borrower and makes it clear that disclosures has to be given to the borrower...

So I use the same terminology in this case with me car...

RESPA is for real estate...however...I meant it in the term...they did not disclose material facts...  that's a violation... so the car industry may have a different word/meaning...but the same concept...   I don't know what it is...so I use what I know... RESPA  LOL

I hope that gave more clarity.

Shalom,

Mayah



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Ohio

MAYAH wrote:

YES RESPA...I have a TIL (TRUTH AND LENDING) document with my car loan.


you may not want to use the two interchangeably as RESPA violations on a home loan and TILA violations on a car loan are different.

The most common way a car loan disclosure problem is referred to is simply TILA violations. If you speak to an attorney or file anything in court you can't use RESPA references....just trying to save you a bit of unnecessary confusion.

TILA is a powerful tool if the violations can be proved. The beauty of it is there is no defense available to the car lot or whoever drafted the disclosure. The most minuscule error is an error period and is cause for the buyer to rescind the deal.

Good luck, hope it works out in your favor. 
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Ed
Even if you get it rescinded you have to give back the car or pay it off.
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Ed - I have no problem giving back the car - as long as I get every dime I put into it.  

The law should leave wrongdoers were they are...

Ohio...yes, I realize the confusion that it can cause and I will just use TILA going forward.   TILA are used in both mortgage and car loans...but I do understand how a person in a court room that does not understand could blow it out of porportion.

GMAC just does whatever they want...here is something else they do...they don't properly correct certificates of title either...

These folks need to forced to close their doors.

The servicer will continue to service the receivables held by each trust and will receive fees for these services. See “The Transfer and Servicing Agreements— Servicing Compensation and Payment of Expenses” in this prospectus. To facilitate the servicing of the
 
receivables, the trust will authorize GMAC, as Custodian, to retain physical possession of the receivables held by each trust and other documents relating thereto as custodian for the trust.
 
 Due to the administrative burden and expense, the certificates of title to the financed vehicles will not be amended to reflect the sale and assignment of the security interest in the financed vehicles to the seller or the trust or the pledge of these security interests by the trust to the indenture trustee.
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Moose
MAYAH wrote:
Ed - I have no problem giving back the car - as long as I get every dime I put into it.  

The law should leave wrongdoers were they are...

Ohio...yes, I realize the confusion that it can cause and I will just use TILA going forward.   TILA are used in both mortgage and car loans...but I do understand how a person in a court room that does not understand could blow it out of porportion.

GMAC just does whatever they want...here is something else they do...they don't properly correct certificates of title either...

These folks need to forced to close their doors.

The servicer will continue to service the receivables held by each trust and will receive fees for these services. See “The Transfer and Servicing Agreements— Servicing Compensation and Payment of Expenses” in this prospectus. To facilitate the servicing of the
 
receivables, the trust will authorize GMAC, as Custodian, to retain physical possession of the receivables held by each trust and other documents relating thereto as custodian for the trust.
 
 Due to the administrative burden and expense, the certificates of title to the financed vehicles will not be amended to reflect the sale and assignment of the security interest in the financed vehicles to the seller or the trust or the pledge of these security interests by the trust to the indenture trustee.


Mayeh, that's common practice in securitization of auto loans. Unlike real property where recordation in the county is required, automobile titles are held and certificated by the state. The state doesn't care who the assignment of the security goes to because unlike real property, the state can't "foreclose" on a car for non-payment of taxes like a county can on a home. If the taxes don't get paid, the state or county doesn't try to go after the lien holder, they just wait until you get pulled over and get a ticket for expired registration or until you sell the vehicle.

I can't give you advice on a rescission, but you may want to do some research on other cases against GMAC and in particular, look for what is or isn't covered by an arbitration clause.

Moose




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Moose - I understand what you are saying totally...but I would also like to add just because it's "common practice" don't make it right.  I have contacted the DMV and they require that only the secure party of interest to be on the title.

It's up to me, the car owner to make GMAC do what is right.  I can't do it for other car owners...but I can do it for me.   It's up to the individual to demand correct and accurate assignments to be SHOWN.

This is what is wrong with the mortgage industry and many can't determine who the heck owns their note...because we has homeowners seem to forget all of this stuff...when we get to the voting poles....

Let's DEMAND that this takes place, who is ready to go to congress and camp out until they change the damn PROCESS? 

Very few will take it to that point but this is what might be required to see a difference.

If anyone is interested...I have a copy of an endorsed mortage note...where the bank stamped on it...

PAY TO THE ORDER OF on the mortgage note...

This shows that they deposited the mortgage note or promissory note...whichever you like to call it.

Email me at thefraudstopshere@gmail.com, I'll be glad to be of assistance and so that TRUTH can finally sink in...


We NEED TO WAKE UP and smell the rotten rose...

Shalom,
Mayah


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