Foreclosure Class Action to the 3rd circuit: Countrywide and Wells Fargo

December 17, 2010 -  Earlier this month, fed up homeowners banded together and bought forth a class action lawsuit with an amended complaint against Countrywide (which BAC has taken over) Wells  Fargo and the law firm Phelan Hallinan & Schmieg. The Amended Complain in the class action  is an effort to have the judges in the 3rd circuit recognize the overcharges in foreclosure fees and to address the fraud in document preparation such affidavits and assignments. If successful this action will reverse an order by U.S. District Judge C. Darnell Jones II of Philadelphia, who denied the homeowners’ motion to file an Amended Complaint in a foreclosure fraud class action. The action is entitled Rhodes v. Diamond, Case No. 10-3431 (3d. Cir.).

The Amended Complaint, first proposed on January 15, 2010, also alleges that defendants systematically used fraudulent affidavits and bogus mortgage assignments to hastily prosecute mortgage foreclosure actions in the absence of any party with legal standing to sue.

The proposed Amended Complaint seeks relief against defendants under the Racketeer Influenced and Corruption Act, the Fair Debt Collection Practices Act and state law.

“In recent months, public officials, commentators and citizens have been appalled to learn about institutionalized fraudulent practices by mortgage servicers and law firms that have created a frightening ‘foreclosure crisis’ in this country,” John G. Narkin, a lawyer for the homeowners said. “This appeal demonstrates that our judicial system, whose function is to enforce the law and provide justice to those who need it, has at times abdicated its responsibilities and ignored fundamental rights of foreclosure fraud victims.”

The appeal also seeks reversal of the lower court’s disposition of an earlier, narrowly circumscribed complaint, which was dismissed on technical grounds involving the U.S. bankruptcy laws, which are unrelated to the more pervasive fraudulent schemes alleged in the proposed Amended Complaint.

Details about this case and its background are available at http://www.bhn-law.com/consumer_rights.        

This appeal demonstrates that our judicial system, whose function is to enforce the law and provide justice to those who need it, has at times abdicated its responsibilities and ignored fundamental rights of foreclosure fraud victims.

source: press release

Wells Fargo Settlement with Arizona: Terry Goddard AG

Well it is a small start. Thank you AG. NOW can you make it more than just forcing a refi? What about hundreds of people already WRONGFULLY evicted from their home in past couple of years??? I do appreciate the good hard work done and some of my friends faceing foreclosure NOW will benefit.  I would like to see the CROOKS in JAIL though. And let me see if I understand this right..... the AG office is given 2 million by Wells FARGO to prevent foreclosure... meanwhile I have friends evicted and financially ruined,  who could not get relief earlier.

My friends won't get relief now, because you have to refinance to get the relief.  you can't refinance if you are out of the home.

Let's see:   So while you get 2 million for fighting foreclosure; my friends get the boot, and  upturned life  with the bonus of  a 7 year blight on credit.  All this and more  for fighting foreclosure and morgtage fraud.  Yup sounds equitable to me.  (sarcasm intended).

Don't get me wrong I am thrilled you got settlement. At least it's something; however,  I would still  like to see the CROOKS in JAIL . 

Arizona Attorney General Terry Goddard: "(Phoenix, Ariz. - Oct. 6, 2010) Attorney General Terry Goddard today announced a multi-state agreement with Wells Fargo Bank ('Wells Fargo') over allegedly deceptive marketing of payment option adjustable rate mortgage loans ('POAs') by two companies it acquired: Wachovia Corporation ('Wachovia') and Golden West Corporation ('Golden West').

At least 1,718 Arizona POA borrowers will be eligible for loan modifications that will provide almost $154 million in mortgage relief in Arizona, Goddard said. This sum includes more than $86 million in principal forgiveness for Arizona homeowners. The eligibility period for modifications to be made extends from April 1, 2010, to June 30, 2013. Wells Fargo will also pay $2.1 million to the Arizona Attorney General’s Office to assist the State’s efforts to prevent or mitigate foreclosures and prevent mortgage or loan modification fraud."

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Temporary Restraining Order Granted in Arizona: Foreclosure mill grinds on

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Yesterday there was great stride forward in foreclosure fight. One of our group of foreclosure fighters won a Temporary Restraining Order right away. There are programs out there, yes, that CLAIM to save all homes. They are nationwide and the program is very expensive and NOONE can guarantee 100%... the claims are a little exaggerated. Arizona is a whole different story from the START.

Banks are not just favored, their outright lies are ignored in court. There are very very few evictions that are stalled, or postponed let alone denied. Evictions are based on ONE piece of paper that is usually not even an original.

Temporary restraining order to keep the bank from foreclosing until a lawsuit is heard is RARE. It happens but the games they play to get owners to just give up is incredible. That is one reason I recommend the JurisDictionary Course (see right column) for homeowners with little to no court experience. They need information fast. I do receive a small referral fee but have recommended this course before signing up for affiliation.

YESTERDAY a marvelous work of art happened. One of our group of foreclosure fighters won a Temporary Restraining Order right away. No waiting for decision. In the past several have had their TRO heard but the judge have had to wait for over a month for the judgement, usually a denial. To me this is signalling the end of the banks being taken at their word in Arizona. The documents used to reach this legal decision are available on the show me the loan website. There is also an upcoming seminar on labor day.

Owner of Home Sold at Auction Sues Bank

Editor note: WAtch the video and editors note at end of article !

Owner of Home Sold at Auction Sues Bank:

"The 2,600-square-foot Spanish-style house was once valued at a million dollars. But Williams fell behind on his mortgage, and turned to Bank of America for a loan modification.

'I was told I was doing everything the right way,' he says. 'I wanted to stay in the house, I wanted to keep the house -- I did everything Bank of America told me to do -- and one morning I get a call and the house is no longer there.'

Williams says the bank started working with him in September of last year, and then sold the home without telling him.

'They sold the property out from under me for $192,000 -- a million dollar property.'

Williams was given one month to move out of the home he and his family had spent 10 years working on. But Williams isn't going quietly.

He is suing Bank of America for $100 million to send a message. Wednesday in federal court, the judge ruled the case could go to trial."

KEEP READING: Owner of Home Sold at Auction Sues Bank: or see video below

KUDOS TO WILLIAMS!!!!!!!!!!!!!!

Editor note: This man was LUCKY to have this happen. BOA seldom says they help people but they do not allow everyone to actually APPLY for modification.. They weed you out by phone. If he had continued with the modifications (which are basically just lowering payments) his loan would have been modified at his current principle - now they will have to deal with the actual property value.

What happened to this man is not unusual - it is the NORMAL course of action by the servicers. Many are not even legally able to foreclose but do it anyway. This is happening to the majority of people in default. It happened to us. BOA sold at trustee sale WHILE in possession of our letter of rescission and accusation of fraud.

The foreclosure holocaust is not over. I think it will be worse in the next year than ever before. STrategic walkaways are going to find they can't obtain mortgage loans for 7 years..... What is happening in America debt wise is criminal. If Americans don't wake up and start revolting like some of our counterparts in other countries, we will end up sealing the fate of our nation.

Examiner for Forensic Audit of Mortgage or Foreclosure papers

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Do you need Forensic Document Examination for Mortgage or Foreclosure? Do you need a forensic audit done? Perhaps you need a second audit or examination performed to add weight to your court case? I have found someone that does a first and for less than full price will perform second examination review of other auditor exams. He will witness regarding the examination too. Don't miss out he has expedited services available.nlss.audit@gmail.com

He also will exam the recorded documents for notary and signature problems. I am so excited that I can recommend someone with some expertise. I also found an attorney that is willing to take on cases and FIGHT the fraud in you r mortgage or foreclosure. I do receive a small kickback for referrals, but you know me, I only promote the people I will deal with myself. All the people I refer to these guys will receive a FREE Consultation so there is no fear of wasting your dollars. I am having my second audit done here. If you are in Arizona you can meet face to face.

nlss.audit@gmail.com or

alrady40@yahoo.com for additional referral information

Fighting Foreclosure Seminar: July 10th 2010 Arizona

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The following was written by one of the group leaders of mortgage-challenge: yahoo group.

SEMINAR: YOU Don't want to miss this!!!!

Phoenix Arizona

July 10th and 11th

John Stuart and William McCaffrey

Mike Rothermel is hosting a SEMINAR on Saturday July 10^th and 11^th, 2010. John Stuart will be the main speaker. On Sunday, July 11^th John will conduct a "Moot Court" that is a local weekly event.

John Stuart is to be the main speaker at the seminar and he has agreed to speak most of the day on Saturday about his "SHOW ME THE LOAN" doctrine, William McCaffrey will close out the day and they will hold the regular Sunday Phoenix Moot Court, with additional information, at this splendid venue.

The information John will speak of are His discoveries and theories, you will not get His information anywhere else except the mock court classes in Phoenix. You will learn about the banking and document fraud that proves conclusively you NEVER received a "LOAN" and the Banksters did "BUY" your Promissory Note. "Show Me the LOAN" is what We should be screaming. John will be going over why the "Show Me the Note" defense/offense should not work and is a moot point. He will explain how to go after the Banksters for the "Show Me the LOAN" concept, among other issues and topics relating to the fraudulent, felonious and criminal Foreclosure activities of the Banksters and their Attorneys.

William McCaffrey will take the floor for the last hour and a half of the Saturday session. He is an expert in the Banking industry and He testifies as an expert witness on behalf of homeowners regarding fraud committed by the banks. He will explain the mortgage pooling and servicing agreements, who really owns the note, and how loans are pooled into mortgage backed securities which are traded on the stock market!

The tentative schedule for the Saturday class will be 9am to Noon, lunch until 1:30 pm, and class until 6 pm with a couple of smoke and facilities breaks in both sessions. Sunday will be Moot Court, from 9:30am to 2 pm or longer if need be. John will grill the expert witness from the banks perspective and from the homeowners. If We go overtime, We have the Room for the day and will not be running You off, if You want to have further discussion.

The event will be put to DVD and sent to attendees. There will also be a library of educational materials, documents, examples of pleadings, and pertinent laws and case law will be provided on CD or DVD.

The Seminar will be at the Millennium Resort Scottsdale McCormick Ranch 7401 North Scottsdale Road, Scottsdale, Arizona, Phone: (480) 948 5050 for room reservations. The Millennium Resort is offering discounted room rates of $69.00. Discounts on a Lakeside room for $89.00, 2 bedroom Villa for $149.00 or a 3 Bedroom Villa for $199.00 are also available, if You want to bring Your Family for some fun in the sun. The Seminar will be held in the Superstition Ballroom on July 10 and 11.

The resort has mountain views and is immediately adjacent to The McCormick Ranch Golf Club; the intimate lakeside retreat offers countless opportunities for fun and rejuvenation. Southwestern décor flavors each of the guest rooms and suites featuring spacious designs, andconvenient high speed Internet access. Check on the availability of the exquisite two and three bedroom condominium villas, presenting the ideal setting to relax or entertain clients. When you are in the mood for award winning cuisine, stop by Piñon Grill, our signature restaurant, or allow us to promptly deliver your meal. Just moments away, Scottsdale's excitement awaits, be it a visit to the Phoenix Art Museum, local Casinos, a desert jeep tour, or a casual game of championship golf. There will be copious tanning available free.

Please send Seminar payments, $400 donation [PayPal Gift] to support the ongoing and past efforts of a team of researchers and slaves to the cause. Send reservations and inquiries to mikesseminar@gmail.com.... PayPal to the - mikesseminar@gmail.com ... - should work fine. Let Me know if Your payments are being mailed to Michael Rothermel, P O box 102, Arlington, Arizona, 85322, so I can reserve a spot. Seating is limited to 210. I may be reached at 623-386-7449. [John's weekly class on Tuesday night is better than any seminar I have been to.]

Send response and registration to - mikesseminar@gmail.com ... -. A $400 donation [PayPal Gift] to the mikesseminar@gmail.com ... paypal account will put You on the attendance list and I will send a confirmation email. Email for updates mikesseminar@....

Thank You for Your attention, Our team wants to end this fraud, Mike.

Know the Laws to Save Your Home

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One thing in our journey that has become apparent, is that what you don't know - can indeed HURT you. at the very least lack of knowledge will slow you down. Learn the laws before you need them. Learn the laws as you need them. But whatever you do, learn the law. It will help you, even if you decided to hire a lawyer.

If you have not faced foreclosure yet you may want to start looking at TILA and RESPA, OR FDPCA laws. If you are delinquent now, or been served a notice of intent to foreclose then start looking at your state's laws and regulations.

IN our state there are laws broken in the process of foreclosure that are common. You can address these before a trustee sale. You need to start documenting everything you can. Here is the link to the AZ Legislature page which has much information including a link to the ARS aka: Arizona Revised Statutes

One MUST READ statute is the one for 33-808. Notice of trustee's sale:

You could find cause to stop the sale.

UTAH Judge rules against BAC: Bank of America

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Because this one hits so close to our home it grabbed my attention. UTAH JUDGE has ordered that Bank of Amercia (BAC) must stop all foreclosures in UTAH. Because this is so important and INCREDIBLE - I am simply providing an introduction below this paragraph, to the blog that brought it to my attention. The blogpost includes a visual of the judge's order and link to the TV news article. Bookmark the bloglink for future reference. This is the best news I've heard all week.

BOMBSHELL – JUDGE ORDERS INJUNCTION STOPPING ALL FORECLOSURE PROCEEDINGS BY BANK OF AMERICA; RECONTRUST; HOME LOAN SERVICING ET AL

Posted by Foreclosure Fraud on June 6, 2010 · 1 Comment

(St. George, UT) June 5, 2010 – A court order issued by Fifth District Court Judge James L. Shumate May 22, 2010 in St. George, Utah has stopped all foreclosure proceedings in the State of Utah by Bank of America Corporation, ; Recontrust Company, N.A; Home Loans Servicing, LP; Bank of America, FSB;www.envisionlawfirm.com. The Court Order if allowed to become permanent will force Bank of America and other mortgage companies with home loans in Utah to adhere to the Utah laws requiring lenders to register in the state and have offices where home owners can negotiate face-to-face with their lenders as the state lawmakers intended (Utah Code ‘ 57-1-21(1)(a)(i).). Telephone calls by KCSG News for comment to the law office of Bank of America counsel Sean D. Muntz and attorney Amir Shlesinger of Reed Smith, LLP, Los Angeles, CA and Richard Ensor, Esq. of Vantus Law Group, Salt Lake City, UT were not returned.

The lawsuit filed by John Christian Barlow, a former >>>>>> KEEP READING

Move out target date nears!

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So our agreed move out date is drawing close at hand. Emotions, as we pack for the "just in case" moveout, increase. While not concerned for ourselves; our concern for daughter's arrangments and our 3 golden's situation mounts. We have contingency plans for them, but it IS disruptive of lives, no doubt. Our ability to focus on building business is lessened.

We have more legal maneuvers and a lawsuit that is actually stronger than most for basic suit. As we try to employ these we hope for the best. We'd rather fight from within the home than from outside of it.

If you are in a foreclosure, try to do a TRO (temporary restraining order) BEFORE the sale... (not legal advice just sharing what we learned the hard way). Evidentially it does not work AFTER a forcible detainer has been entered (at least that is my understanding); you will have to read up on it. I will try to supply some links later that might be helpful.