Foreclosure Defense Heats Up: One Notary Complaint down 10,999 million to go

Court battles are happening all over the country, as you read various blogs, you see various levels of success and failure.  Until recently, Arizona had few successes. We have had a few TRO's granted.  NOt much progress, but a lot considering the level of corruption in Phoenix.  We may exceed Los Angeles in corruptness. Recently however we have had in the foreclosure fight a few good progressive wins. In the area of notary complaint we have had a couple of notary robo-signers revoked license and/or disciplined.   One is a banner for the showmetheloan.net site.

       Please be advised that Kristin B. Lindner's notary commission has been revoked -source showmetheloan.net

That advisory is proudly displayed on the site, and rightfully so.  Anyone using that notary can now address (with more ease) the robo-signing by whichever bank is represented. If you have that notary, then you know which bank uses her signature.

It seems to be that going after the appropriate agencies that regulate lawyers, and judges should be next. I never thought that the saying "Justice is Blind" meant that courts would turn a blind eye to the mortgage, servicing and foreclosure fraud that has infected our country.

Viral Report of BANK FRAUD: BEST REPORT SEEN! Video included

BEST Report I have seen on the bank and political FRAUD involved in foreclosure fraud.  Now they need an in depth report on the MORTGAGE FRAUD.    If you are concerned that you might have mortgage fraud search through the blog posts using tool above.  OR Check Many of the blogs on the blog roll to right and join mortgage-challenge yahoo group and showmetheloan.net.   You can also find out about foreclosure fraud and resources on these groups.

30-90% are WRONG.  Everyone I know says the figure is 90% and sometimes more.

If you know someone facing eviction give them the information on where to get help by letting them know of these groups.   It is not to late.

Listen to the report above and pay attention to the securities and chain of title.   WE need to save AMERICA  and deal with the fraud.  FRAUD is FRAUD is FRAUD.  PENSION funds are affected.

KUDOS to MSNBC for the BEST article I have seen! And to see the full video report of Woman burglarized by her bank CLICK HERE

A B C's of Fighting Foreclosure Fraud

With the current GMAC debacle of foreclosure fraud hitting the news, I thought it would be good information to show what our pro se groups have been doing for months.   Many are still not in court but they have their evidence ready.... what about you? WE also file the documentation of fraud into the county recorder's office.   


For those that are not signed up to the mortgage-challenge group or the showmetheloan.net site  here is an example of some free information available by donation.  I have related blogposts:

Save your home from foreclosure listings ; Be your own lawyer video on news; and 

Referrals to the examiners and experts can be found on my referrals page.  Cindy will be your best help in the notary/signature fraud that is exemplified by the GMAC debacle. 

How to go about stopping the FRAUD

Step 1; Gather the evidence.

            A}         Get Your papers in order.

                        1)         Original Loan documents from the closing.

                        2)         All documents [certified copies] from the county recorder’s office                                                   pertaining to the property.  Make copies for the exams and evidence.

            B}         Make copies available to 2 forensic examiners.  [2 witnesses]

                        1)         Have the loan documents examined.

                        2)         Have everything regarding the foreclosure examined.

                                    a)         Received in the mail.

                                    b)         From the county recorder’s office

                        3)         Have the SEC violations uncovered by the exam noted.

Step 2; Evidence the fraud with documentation.

            A}         Take to the police to file charges.  Get copies of the report.

            B}         Take the Notary fraud to the County Atty and the State Atty offices.  File charges                          against the Notaries for false documentation to get their seal revoked to help                               everyone involved with the sham.

            C}         Take to the FBI and report it there and get a copy of their report.

Step 3; File Your suit in the Superior court.

If you need more information on filing suit... join these groups, form a local support team and learn or hire a lawyer. Research carefully and get practice practice practice.

Political Economy - Ally's GMAC mortgage unit temporarily halts evictions in 23 states

MY NOTE: sound familiar???? the suspension reasoning - OH YEA!

Political Economy - Ally's GMAC mortgage unit temporarily halts evictions in 23 states:

Ally's suspension may be due to several cases in Maine being pursued by a group of pro bono attorneys. While investigating complaints by homeowners about unjust foreclosures, the group discovered that the filings were all signed off by one GMAC employee, the "team leader for document execution."

In his deposition, this employee -- who signed documents for foreclosures across the country -- stated that when he signs them, he does not know what information the file contains other than the borrower's name, that he does not inspect the exhibits he's supposed to, and that the notary who supposedly witnessed his signing was not in the room. r

ead fulll article 

Here's the full list of states that are affected: (from article referenced above)

"Connecticut

Florida
Hawaii
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Nebraska
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Pennsylvania
South Carolina
South Dakota
Vermont
Wisconsin"

read fulll article by clicking title link above. stay tuned for more news as more is coming down the newspipe! 

Foreclosure rescue schemes a costly trap for homeowners - KansasCity.com

Foreclosure rescue schemes a costly trap for homeowners - KansasCity.com:

"The GAO, the investigative arm of Congress, began its review after thousands of complaints from Americans who felt they were duped by what the GAO, the Federal Trade Commission and various state attorneys general call “foreclosure rescue schemes.”

The most common rescue schemes are perpetrated by so-called loan modification companies that require hundreds, if not thousands, of dollars in upfront fees. In Missouri, Kansas and many other states, that’s illegal, according to attorney general offices in Topeka and Jefferson City.

In exchange for the fees, the companies promise to serve as intermediaries between desperate homeowners and their mortgage companies.

If you’re behind on your mortgage or you can’t make the payments because of job losses or cutbacks in your wages, the best approach is to try working something out with your lender on your own.

Government and nonprofit agencies can help for free. The federal government last year issued specific guidelines that force lenders to ease the financial burden on people going through tough times.

Of course, not everyone knows where to go for help. (Go to www.ftc.gov or call 1-888-995-HOPE for a start.) Scammers count on that and have been taking advantage of folks in danger of losing their homes."

read entire story by clicking link above

NOTE: Please check with a lawyer if you have not received default notice. OFTEN starting a modification will TRIGGER a faster foreclosure process. Get your ducks in a row first if possible. Make sure to have any modification offer looked over by a lawyer that "GETS IT" about mortgage fraud. You do not want to sign away your rights. Not all lawyers are equal you need one that is specialist in the field of mortgage fraud. In Phoenix we have several that "get it".

FOR my Phillipine Readers: Foreclosures bring opportunity

I have not had the opportunity to personally observe what is happening in the Philippines, but have read that the foreclosure market there is bringing great opportunity for housing at reasonable rates.  While some of our local foreclosures in Arizona are 75-150K you can pick up a true bargain in the Philippines  for around 10-30K.  This is not an apple to apples comparison, however, since condominiums and single family housing on a lot are very different apples. 

The Philippine economy is not that much different than the US or UK counterparts in the housing market in that the whole global economy seems to be on the decline.  Until recently the stock market has been doing okay for the Filipinos, so time will tell what happens.  I hope that some of  our friends from overseas will chime in and paint a picture for us.    

Since I am no expert, I have Googled  and found links that might be useful.  Any comments are welcome! 

Philippines Real Estate News: links

Bword online

Barrons report

foreclosured blog

Philstar article  

Philipine marketwatch - weekly 

News report on Globe Asiatique Realty Holdings Corp  

Mortgage Fraud from the Government Viewpoint: FBI anyone?

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MANY of my friends eyes glaze over as I talk mortgage fruad. It's like a huge, circular, interlocking, labyrinth of information. It's the same way I feel when they talk FOOTBALL.
My friends and relatives might think "What is the big deal?" And I try to explain that they are giving up their homes in many cases because they were targeted and EXPECTED to default. I always think when there is FRAUD "don't give up without swinging the bat."

AS one of my friends have said - "You almost didn't stand a chance, you turned on the TV, they pushed these toxic loans and they approved them". I chime in with the thoughts that THEN they had fraud in the loan, in the process of trying to modify and in the foreclosure process itself. If that doesn't just boil your sense of injustice nothing will. I have friends that have lost homes with 60K to 100K invested as down payment. It isn't always people skipping town, people have job changes, moves, child support changes.

NOW I HAVE the ultimate answer for my friends... the ones STRUGGLING to get modified, or in process of LOSING their home. Many who are walking away saying its not right to not pay, we'll just go quietly. Well one branch of government at least, takes it seriously.

TRY THE F.B.I. oh yes, they have skin in the game. They are investigating actively the mortgage fraud. People are everyday submitting their proofs of fraud to the FBI and they are faithfully compiling information. How LONG DO YOU THINK it will be before a sting operation is started then completed?


Here are a couple of excerpts from their site and hopefully my journalistic license and bold highlights will keep me out of jail:

"The ongoing discovery of the lack of due diligence in historical subprime loans, loan modification re-defaults,⁵ increasing prime fixed-rate loan delinquencies,⁶ and the expected increases over the next three years⁷ in the interest rates on Alternative A-paper (Alt-A)^b and Option Adjustable Rate Mortgage(ARM)^c loans raise the chance for future mortgage defaults. During the next two years, a total of $80 billion of prime and Alt-A loans and a total of $50 billion subprime loans are due to recast.⁸ These factors combine to fuel a mortgage fraud climate rife with opportunity. Consequently, mortgage fraud perpetrators are continuing to take advantage of the opportunities provided in a distressed housing market.

Here is another excerpt:

Mortgage Fraud Defined - Fraud for profit, however, often involves multiple loans and elaborate schemes perpetrated to gain illicit proceeds from property sales. Gross misrepresentations concerning appraisals and loan documents are common in fraud for profit schemes, and participants are frequently paid for their participation. Although there is no centralized reporting mechanism for mortgage fraud complaints or investigations, numerous regulatory, industry, and law enforcement agencies collaborate to share information used to assess the current fraud climate.

Source: FBI Financial Crimes Section, Financial Institution Fraud Unit, Mortgage Fraud: A Guide for Investigators, 2003.

NOW INQUIRING MINDS WOULD LIKE TO KNOW WHY THERE IS NOT REPORTING MECHANISM FOR THE HUGE AMOUNT OF LOAN FRAUD WE ARE SEEING!

The seriousness of the FBI is not in doubt, however, when you see the front page for the FBI mortgage section:


From foreclosure frauds to subprime shenanigans, mortgage fraud is a growing crime threat that is hurting homeowners, businesses, and the national economy. Learn more here about the scope of the problem and our work to combat it.




http://www.fbi.gov/hq/mortgage_fraud.htm

Class Action RICO Suit Alleges Tens of Thousands of New York Foreclosure Frauds Orchestrated by "Foreclosure Mill" Attorney & Banks

There is more coming down the pike with decisions yesterday but the news is being VERY VERY slow to pump out negative press on this stuff. THIS ARTICLE is worth a FULL read so make sure to check out my blog and then click on the article title to read the full article.

Class Action RICO Suit Alleges Tens of Thousands of New York Foreclosure Frauds Orchestrated by "Foreclosure Mill" Attorney & Banks: "Case #10CV3800. It alleges RICO civil racketeering, RESPA, Fair Debt Collection Practices Act violations and that homeowners paid inflated foreclosure and other fees fictionalized by Mr. Baum who profited from the scheme since 2005.
The action seeks to return tens of thousands of foreclosed homes to their owners or the values thereof and hundreds of millions in punitive damages against Mr. Baum, MERSCORP and HSBC."

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How to handle OVERWHELMING DEBT - several videos and choices

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SEVERAL VIDEOS with various ways to deal with debt.

DO IT YOURSELF

DAVE RAMSEY

HOW DEBT COLLECTORS BREAK THE LAW

Myths by dave ramsey

MORTGAGE SHOULD YOU PAY???

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

Banks May Buy Back Faulty Mortgages? - bloomberg

N.Y. Fed May Require Banks to Buy Back Faulty Mortgages, Assets - Bloomberg: "The Federal Reserve Bank of New York may seek to require banks to buy back its holdings of faulty mortgages and other assets acquired through the rescues of Bear Stearns Cos. and American International Group Inc., a spokesman said.

“We are involved in multiple efforts related to exercising our rights as investors in non-agency RMBS or CDO securities,” New York Fed spokesman Jack Gutt wrote in an e-mail, referring to residential mortgage-backed securities and collateralized debt obligations.

Steps include “those that require originators to repurchase ineligible loans,” Gutt wrote, referring to ones that aren’t backed by federal entities and violate bond contracts. “These efforts support our primary goal of maximizing the value of these portfolios on behalf of the American taxpayer.”"

Further in the report was this quip:

"Investors suspect that loan servicers -- who are responsible for pursuing repurchases and handling billing, collections and loan modifications -- may not be seeking as many as possible, in part because other units of their companies would be the ones required to take back the debt, according to the letters."

KEEP READING THIS REPORT or Watch video on Bloomberg

http://www.bloomberg.com/video/61995394/

EDITORS NOTE: Will this help or hurt those trying to fight foreclosures based on secularization?

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Lowest Home Ownership Rates since 1960's

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Watching today's news coverage and reading the USA Today's article about the drop in homeownerhip; several things became apparent. The prediction of my realtor friends and dire warnings of the housing depression was mild compared to today's estimates....

6 MILLION - repeat 6 Million out of 8 million homeowners lagging in payments now will ultimately lose their homes to foreclosure.

Face it most Americans love owning their own home and until recently it has been a great financial decision to own a home, less expensive than renting and a matter of pride...But now; not only are some people are afraid to buy, the banking industry is making it harder to qualify for a home, and the government is not addressing the actual unemployment rate in a real and substantive way.

Things need to turn around fast to help protect our neighborhoods and communities.

Right now in our local city you can buy a foreclosed home for between 50 and 100 thousand..... There are bargains out there, but be careful because there are also many homeowners that having been evicted may be suing the bank and trying to get their home back... not the money the home. Remember that many evicted wrongfully have homes that have sentimental value. This promises to be another mess coming down the pike for those that buy without checking title or ignoring problems with title.


According to this Prisonplane Blog :

"About 18.9 million homes in the U.S. stood empty during the second quarter as surging foreclosures helped push ownership to the lowest level in a decade.

The number of vacant properties, including foreclosures, residences for sale and vacation homes, rose from 18.6 million in the year-earlier quarter, the U.S. Census Bureau said in a report today. The ownership rate, meaning households that own their own residence, was 66.9 percent, the lowest since 1999."

If you have read my previous blogposts; you will see that I think fraud has much to do with this foreclosure crisis, housing market crisis, or as some term it, blight on our local communities. Whatever the name for it, there are solutions for your situation. People need to stand up and fight for their homes and for reforms in banking and government.

HERE IS SOMETHING YOU CAN DO–MAKE ELIZ. WARREN HEAD OF CPA � Livinglies's Weblog

HERE IS SOMETHING YOU CAN DO–MAKE ELIZ. WARREN HEAD OF CPA � Livinglies's Weblog:

"ELIZABETH WARREN IS NOT JUST A VIABLE CANDIDATE FOR THE JOB OF HEAD OF THE CONSUMER PROTECTION AGENCY, SHE IS THE ONLY ONE ON EARTH WITH SUFFICIENT UNDERSTANDING ABOUT WHAT REALLY OCCURRED TO BE EFFECTIVE IN THAT JOB."

HERE IS THE PROBLEM: The Banks will do ANYTHING to keep her from getting that job. If the President nominates her, it will provoke a big fight in the Senate. If you like the idea of bailing out the banks again, if you like the idea of plunging the country into a recession, if you like the idea of ruining the lives of 20 million homeowners, and if you like the idea of stealing money from investors all around the world, then by all means join hands with the banks and do nothing."

READ entire article by clicking on title link above. 

Puzzled by Mers? check out chinkinthearmor.net

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Newsletter & Blog

If your foreclosure papers list MERS and almost all of them do, then you need to explore this blog! This posting in particluar explains much.

Perception & Reality

Subscribe to Newsletter

Mortgage Electronic Registration Services (MERS)

is the chink in the armor the big banks did not see.

It is the place where all of the players came together to do business.

It is the crucible in which the scandal brewed.

>>>>>>

Who is MERS?

What do they do?

>>>>>> KEEEP READING TO SEE HOW MERS AFFECTS YOU!

http://chinkinthearmor.net/

1 MILLION homes will be foreclosed on; are you next?

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Heard on the news today: We are on target to foreclose on 1 MILLION homes this year. That is 100,000 more than last year. (2009) It is estimated that it will take 3 years to clear the backlog of people defaulting on their loans.

According to the MSN Money Central report there are about 7.3 million homes in some state of delinquency.... the report also noted:

"Among states, Nevada posted the highest foreclosure rate in the first half of the year. One in every 17 households there received a foreclosure notice. However, foreclosures there are down 6 percent from a year earlier.

Arizona, Florida, California and Utah were next among states with the highest foreclosure rates. Rounding out the top 10 were Georgia, Michigan, Idaho, Illinois and Colorado."

There are new credit laws going into place which affect mortgages and also debit credit processing. Here a couple of highlights.

1) Now strict standards were in place during the years when underwriters started ignoring their own underwriting standards. They overvalued homes by 10% which added fuel to the fire of the housing market bubble.

NOW it is announced that there will be stricter standards and that better attention will be paid to income/payment ratios. One good thing will be better disclosures of what the maximum payment will be. Not just the interest, but the payment.

2) Merchants can now offer cash discounts for cash... Banking fees will be going up as free checking and cashback rewards disappear.

3) Banks will not be allowed to charge overdraft fees without your permission and agreement to do so. Sounds good especially if you were zapped by a bank that charges 8 bucks a day until the overdraft is resolved. I don't know how this new law will work out, but if banks handle it as they do other applications, they will simply make you agree in your contract, or you won't be able to get an account... What do you think?

Fannie Mae frauded zillions of Homeowners: Watch how it makes $$ from YOUR carbon credits

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In a departure from the normal posting here, consider this: You don't think what happened to American homeowners and their mortgages has anything to do with you? You can watch this slide show from a popular blog and see how the fraud works in foreclosures. You can also scroll down and watch the video from my previous post about how the mortgage providers profit from short sales and foreclosures.

Evidently, if you can fraud one group of people successfully then you can go on to fraud even more. Not everyone thinks that the majority of home loans was a cesspool of fraud, but many think it has been a fraud nightmare for years. Left unchallenged power corrupts, and with big money at stake power and greed make a frightening partnership.

FANNIE MAE is now planning to do with CARBON CREDITS what it did with the mortgage market. In its first step Fannie Mae has obtained patent rights for system to trade household energy into carbon credits...Be AFRAID be VERY AFRAID

For years its been drilled into us to save... and now they will profit big time READ the article here:

---

HEAT OF THE MOMENT

Disgraced Fannie Mae deep in carbon scheme

Mortgage giant set to collect millions marketing homeowners' energy savings

---

Posted: June 25, 2010
11:10 pm Eastern

By Jerome R. Corsi
© 2010 WorldNetDaily

With the Obama administration pushing for cap-and-trade legislation, former Clinton and Obama adviser Franklin Raines has positioned the government-sponsored mortgage giant Fannie Mae to make millions by selling carbon credits from American homes.

How to find MORTGAGE and LOAN Fraud

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Do you wonder if you have loan fraud?

Get out those closing documents!

1) Loan Rescission Notice - Many loans in 2006 did not receive copies of this important notice. If there is more than one person on the loan, each party is to have received a copy.

2) TILA law violations - TILA is the Truth In Lending Act check the link for laws and compare to your documents. You may want to pay for a forensic audit. If you need an audit email me alrady40@yahoo.com and I can refer you to reliable auditor. Did you know that if your loan closed less than 3 years ago you can rescind your loan fairly easily?????? A sister law to this is FDCA, Fair Debt Collections Act.

3) Amounts owing are in error or do not add up. A difference of just 65 bucks makes a HUGE difference and is a red flag to challenge the loan.

4) HOEPA I just recently learned about is that loans under 150,000 or interest rates of 8% or more, or points and fees in excess of $583 are red flags. This can be in violation of HOEPA,Home Ownership and Equity Protection Act. Many self employed people were given higher interest rates. We had a high rate but it did not qualify. FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261.

DO You Need Help Reading Your Documents?

If you want a forensic audit you can have one done free through NACA.com. I have not used them and cannot vouch for how well they perform. I do have a forensic auditor I recommend to those that email me. The cost is reasonable and probably less than you pay for one months mortgage.

Finding fraud can help to fight foreclosure, save your home and give you the ammunition to modify that loan to benefit you and not the bank.

COMMENTS/Questions

How to Document Fraudulent recorded paperwork

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Just a simple video today that I nabbed from Matt Weidner's blog. You can learn a lot from the blogs I am following (see left column). But this piece of information was priceless. AFter the video are a couple of articles on making extra money, check them out, it helps my extra income efforts!

Wasnt' that awesome... What do you think? Leave a comment below! Check out these money producing, saving articles too:

How to Apply for free Federal Student Aid - 7

How to Consolidate Debt

How to Increase Social Security by about 1,000 per month

How to Get the Most from Doctor Visit

How to Make Money Today With Little Effort

• How to Get Government Interest Free Loan for up to 10 Years
• How to Make Money Today Quickly
• How to Find A Need and Fill It : Make Millions

Read more: Alrady | eHow.com http://www.ehow.com/members/alrady-articles.html?sortby=Earning&sortorder=0#ixzz0qaLmJqnZ

asset management team

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The real estate asset management team stopped by today. The visit is 10 days earlier than our move out date but they wanted to see if we are still on the property. It feels very vulturish. (new word I made up).

A nice talk reveals much of what we have learned. The left hand of the bank, may not know what the right hand is doing. Which is why, surprise, the assest managment team did not know we had more time. The agent said that things slowly seem to be getting better; as far as people getting help. HAFA seems to be a program name that pops up a lot. Doesn't help us much nor make me feel proud to be an American. Does anyone reading this have experience with HAFA?

I wonder what is happening to friends from online going through similar. The emotional weight is tremendous and the thought of just giving up is sooooo appealing.

Updates on foreclosures and eviction process

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Update May 15, 2010 - As time draws near to make sure that we are NOT evicted, legal considerings accelerate. Everyday we learn more. Facing this on more than one property is intimidating but not impossible. With the bank essentially killing our sale at full price we have grounds to have foreclosure totally suspended. Learning how debt collectors ignore TILA laws, lie and intimidate renters is a whole new universe for trusting souls.

Meanwhile we continue packing and sorting just in case we are forced out of the home. We are fortunate we have two or three alternatives, many have NO alternatives and end up living out of their cars or dividing the family among extended relatives and friends until they locate to better situation. Some live in garages or camp out in parks.

Friends, one year ago, I had no idea, banks sell the loan to themselves - often without proper notification). In Arizona this is not a JUDICIAL procedure it is done by trustee sale. This alleged sale, which I personally think of as a sign over, often results in a summons to eviction trial (forcible detainer) with a 3 day notice to appear. After that there is 5 days until trial or until writ to the sheriff is written, depending on how you plead. Certainly if I had known the future, I would have simply sold the house when it had equity and would never have listened to the bank reps telling me that to lower payments I had to go late by a few months.

If you are a renter or owner facing possible eviction, foreclosure (or are in foreclosure currently) learn the laws... go to your state laws and learn what is legal and what is not.

If you are concerned about fraud then check out this article.