This is a “Rigged Game”!
This “game” we are playing against the banks in the judicial system is like unto a blindfolded novice chess player up against a world champion who can see and who cheats and who changes the rules as the game goes along, only the novice isn’t told the new hidden rules, nor can he use them, for he has his own limited set of rules (double standard)…and the referee allows this to go on! How fair is that? We were not meant to win on a fair basis! Its about time we rip off that blindfold, replace the referee, demand the “real” rules be followed, survey the board (like Bobby Fisher’s rules of chess), and strategize in order to put the opponent in “check mate” despite their previous cheating ways, and if they cheat…disqualify them on the spot! Easier said than done, but we’re learning the game!
Did anyone catch the Bloomberg article last week in which U.S. Bank closed a deal with B of A to buy out their entire “Pooling and Securitizing buisness”? How convenient!
I am not a legal “guru”, a or a banking and securitizing expert, but I am learning a few things in my battle against unlawful, illegal, fraudulent foreclosure, I know many simple, down-to-earth-facts and common law…and what I am living out and experiencing in “real life” is what I can relate to and it is what I write about.
If you want a prime “Real Life” example of how the issues most Americans are outraged about are being played out on the stage of our courts (at least here in CA), a good look at my case will show you just how this has been and is BEING done (its not over yet):
Our case here in CA really is relevant, and some of the Big Players are involved, and if you follow what I am about to say, you’ll see why we are so outraged about all this mess!
Our Original Lender, “Quality Home Loans” filed Chapter 11 BK a mere 11 days after our “table-funded” loan closed in 2007, and in the BK “work-out” ordered by the BK judge, Countrywide was ordered by the judge to “pool” all the remaining loans from QHL into a Trust…but somehow, our loan was not listed as one of them. I haveBloomberg screenshots of this supposed “Private Trust”, where it is listed that the “assets cannot be traded in the US”! (I wonder why that could be?).
Just after QHL’s BK in 2007, Countrywide was bought out by Bank of America in 2008, but somehow, neither Countrywide, the BK court orders, nor B of A has record of my loan # and nor does the “supposed” Trust (Terwin Mortgage Trust) of which U.S. Bank National Association is the Indenture Trustee! Gee…did my loan fall off that “table” from which it was funded last minute before QHL went BK and fall into a “black abyss” to where no one knows what happened to it? And if so, how can Terwin Mortgage Trust, of which US Bank is the Trustee of most of their Trusts claim an interest in a loan they don’t even know where it is, or did someone say Twilight Zone? (Rod Serling, where are you? If anyone can enter that Zone and find our loans, you’d be the one!) Or did it split off into 2 directions and go both ways? I’d like the Banks, the Trustee, and the Trust as well as MERS to figure that one out and tell their rendition of what occurred, so that I can figure out just who has it (since they are playing ‘hide the ball”, or better yet, “What happened to the ball?”)
US Bank, a “Fictitious Plaintiff” (see Black’s Law Dictionary), is bringing a lawsuit against us of which US Bank’s VP sent me a letter stating they have no knowledge of the suit, nor did they commence the action against us…but guess who did??? You got it…our Loan Servicer, SLS (Specialized Loan Servicing LLC)! The court told us that SLS hired the law firm to file the suit naming US Bank NA as the Plaintiff on behalf of the Trust, who doesn’t have any idea if our loan was pooled into it or not! They say all this is perfectly legal! What planet are they from, anyhow? They say that the loan servicer is representing the Trust’s interest (isn’t that the Trustee’s job?), even though our loan didn’t make it into that trust!
We are just as bewildered as anyone reading this as to how all this nonsense can be justified…and then held up in court!
In our case here in CA (nonjudicial foreclosure, and a “lien theory state”, where they boast they don’t have to produce the note or proof of title, standing, etc), we just LOST our Unlawful Detainer (eviction) suit against US Bank NA (on similar grounds that the Ibanez’ case WON (MA is a “title theory state”, where title must be proven) only our case was wrought with much more blatant fraud, Federal question, etc.) We were accused of arguing Quiet Title in our Final Ruling, but we never even mentioned it…the opposition,US Bank did!! Here in CA, we are almost fighting a losing battle…but we are not giving up. We were denied our “Motion to Reconside”r the Final Judgment, and and “Ex Parte Motion to Stay Judgment Pending Outcome of Appeal” as well…no rational explanation! Why, you may ask? The only thing we can figure is that we are “Pro Se”. We even have another suit that we filed that is pending in State Court with issues of “wrongful foreclosure”, “reach of contract”, “breach of fiduciary duty”, and much more…but the courts don’t care about the other suit, yet the Rules of Court says it DOES matter.
In our case, we have Appealed within 1 week of the Final Ruling. While the Record from the UD (eviction) court is preparing the file for the Appellate Division, we have moved on around them and filed a perfectly legal and acceptable “Emergency Stay”. U.S. Bank has been “served” all these docs I have mentioned here, so its nothing new to them. We just hope we will be heard somewhere along the line! Don’t any courts follow Black Letter law any longer? Doesn’t Due Process of Law mean anything to them? Doesn’t theObligation of Contracts mean a thing?
Wow! How do they do it? Without the help of the courts, the Banks would not be able to get away with all this nonsense! The “Fit has begun to hit the Shan” and it is a mess no one wants to touch! Although it is good to see all this come out into the open…no one said it would be a pretty sight! We may have to wade through much muck and mire to get to the bottom of this sewage (or is is “sue-age”).
Many homeowners were originally duped or “wrongfully-induced” into thinking the banks knew and followed the law (loan modifications, HAMP, Refi, HELOC, etc), but when we found out they didn’t, we ran to the courts, which we thought would surely see the injustice…but now we are all waking up to the fact that neither is true. Oh yes, there are a few good judges who see through the muck and mire and are following the law, but there are still no apparent “honest criminal bankers” we have seen yet. Sure, some could sprout a conscience, much like the Grinch with his pea-sized heart and all his greed… but all these crooks making out with over-sized bank accounts and wallets bursting at the seams, who needs a heart? While we decide where we will pitch our tent to live in after we are evicted from our homes living homeless if we are not blessed to have family or friends to take us in, all the criminals are doing is deciding which vacation to go on next or which 2nd or 3rd home to buy, or how many yachts or cars they need. Sickening!
We homeowners are much more intelligent than the banks must think, and we do see through all the smoke and mirrors and sleight of hand tricks they’re using, and we see what these “court jesters” are doing to distract from the “real” truth! We’ve seenbehind the “curtain” in the land of OZ to see just who is controlling things. We see it, but unless and until the courts start following the law…the way they have sworn to do, we are going to have to keep our boots, goggles and snorkels on to breathe through all this sewage since it is getting so deep!
There you have it…my simple, down-to-earth rendition of what I see, what I am learning by what I am experiencing in “Real Life”. I’m fighting this fight along with you all, and I may not see all angles, but neither did all the 5 blind men who described the elephant in the old fable (Google that story…its interesting). It takes all perspectives, whether we all agree or not.