Bagels at a Bar mitzvah Part II

isisis

LoanSafe Member
After ten years, thousands of postings, nearly a million views and more last stand battles for justice than I can remember, it's not easy to imagine a world without Bagels at Bar Mitzvah.

It served as a safe place where people who reluctantly but with no other choice could come and say things that would sound crazy to anyone who hadn't gotten it into their head that for the purpose of justice they were compelled to engage in mortal combat with an opponent fifty trillion times their size. And compare notes with others similarly deranged.

In the real world of course we understood that battles so imbalanced are not supposed to be winable and not just due to the disparity of size but because the banks own the county and think they own us. Bagels allowed us to enjoy the fairytale we grew up believing about justice and equality in the eyes of the law. But it's not easy to disengage from the fairytale of American justice, it was after all the concept upon which the country was built. It's also kind of important to keep a semblance of it alive since every now and then there is a breakthrough victory. And it usually happens because someone like one of us dreamers wouldn't give up.

Eleven years ago I first posted on this site. It was five days before a scheduled sale. I'm still fighting but still in my home because of the help I received on Loansafe. Bagels at a Bar Mitzvah is a thread I started in 2011 as a place we could work together, share our stories, pool our knowledge and brainstorm on how to keep our homes. The name is a reference to the manner in which banks ought to be handing out modifications to homeowners after they played with our mortgages on the stock market, collapsed the economy, then when they got bailed out and promised to modify loans but instead used the modification process as a mechanism to foreclose.

But something changed that the banks didn't foresee. We were all becoming more savvy in the use of Al Gore's brilliant invention called the internet as a means of resistance since its made the law accessible to everyone. We were even finding things that attorneys didn't know about since as it turned out the banks have been profligate in their malfeasance perhaps under the conceit that no one would even know.
Not the law isn't bloody complicated, particularly as foreclosure involves so many area of the law but it's a significant tool in our hands.

On Bagels we've tried to provide what isn't available anywhere else: real people with hands on experience telling the truth and sharing our experience and a place to for people in the most alienating of circumstances to find support. When you're fighting for your home against outrageous odds with an opponent who thinks they're above they law you need someone on your side.

So Bagels at a Bar Mitzvah will pick up where we left off and keep on moving forward. If you need help post your circumstances, if you have knowledge to share please join in. Everyone will be treated with respect.


Isisis
 

moretrouble

LoanSafe Member
I received a reply letter from the SEC thanking me for reporting about the scheme of Owen and BOfA. However, they stated that they regulate issuers of mortgage backed securities but not mortgage lending fraud so they referred the matter to the CFPB. At least they wrote a reply letter.
 

Survivor_IN

LoanSafe Member
Thanks Isis! I wish I had copied some more of those great discussions on Torts and Contracts you dissected so carefully. My brain is just so tired right now can't even recall correct names for these refs. lol

Great minds think alike Mo'Truble... I have recently re-engaged and updated my complaint with the FTC (Federal Trade Commission). I just don't know why there isn't more action to protect consumers who take the time to gather evidence and file complaints. It's time consuming to fet out and upload various items of proofs and sometimes even those get lost in cyberspace. It seems all the banks have to do is merge and change their names to wipe out past indiscretions. They can do what they want and after, oh say, 50 bazillion complaints, the corporate bad actor will get a 1000 dollar fine and the class action pay 5 bucks a piece to anyone affected by over-charges of $150 that cause the late fees that cause the foreclosure. It gets hard to fight after so many years with so little accomplishment. But I haven't stop trying. At least you got a written response um cough, "telling you where to go!" ;)
 

moretrouble

LoanSafe Member
After ten years, thousands of postings, nearly a million views and more last stand battles for justice than I can remember, it's not easy to imagine a world without Bagels at Bar Mitzvah.

It served as a safe place where people who reluctantly but with no other choice could come and say things that would sound crazy to anyone who hadn't gotten it into their head that for the purpose of justice they were compelled to engage in mortal combat with an opponent fifty trillion times their size. And compare notes with others similarly deranged.

In the real world of course we understood that battles so imbalanced are not supposed to be winable and not just due to the disparity of size but because the banks own the county and think they own us. Bagels allowed us to enjoy the fairytale we grew up believing about justice and equality in the eyes of the law. But it's not easy to disengage from the fairytale of American justice, it was after all the concept upon which the country was built. It's also kind of important to keep a semblance of it alive since every now and then there is a breakthrough victory. And it usually happens because someone like one of us dreamers wouldn't give up.

Eleven years ago I first posted on this site. It was five days before a scheduled sale. I'm still fighting but still in my home because of the help I received on Loansafe. Bagels at a Bar Mitzvah is a thread I started in 2011 as a place we could work together, share our stories, pool our knowledge and brainstorm on how to keep our homes. The name is a reference to the manner in which banks ought to be handing out modifications to homeowners after they played with our mortgages on the stock market, collapsed the economy, then when they got bailed out and promised to modify loans but instead used the modification process as a mechanism to foreclose.

But something changed that the banks didn't foresee. We were all becoming more savvy in the use of Al Gore's brilliant invention called the internet as a means of resistance since its made the law accessible to everyone. We were even finding things that attorneys didn't know about since as it turned out the banks have been profligate in their malfeasance perhaps under the conceit that no one would even know.
Not the law isn't bloody complicated, particularly as foreclosure involves so many area of the law but it's a significant tool in our hands.

On Bagels we've tried to provide what isn't available anywhere else: real people with hands on experience telling the truth and sharing our experience and a place to for people in the most alienating of circumstances to find support. When you're fighting for your home against outrageous odds with an opponent who thinks they're above they law you need someone on your side.

So Bagels at a Bar Mitzvah will pick up where we left off and keep on moving forward. If you need help post your circumstances, if you have knowledge to share please join in. Everyone will be treated with respect.


Isisis
You're right, Isisis. I am a lot smarter on securitization, debt-collection, mortgage servicing now than I was in 2009 and also very familiar with court procedures after battling against the 4 crooked lawyers and the courts . My plan is, if need to, to sue the foreclosure mill, BOfA's CEO not individually but in his role for running a criminal enterprise, Bank of NY as trustee, Ocwen, etc in the Federal court. On a separate suit , I'll name the Appellate judges, the SC Justices for failing to protect their constituents allowing the Judicial Department to become BOfA's collection department. If I lose , I follow Trump's legal strategy appealing all the way to the US Supreme Court. I don't need to win, just need the case to be publicized. That will do more damage to the opposition and the damage will cost thousand times more than the house is worth. You have to prepare to go alone (pro se) because no attorney will file a suit against the judges (not individually but in capacity as judicial officers compensated by the tax-payers, I am using their own language when they try to foreclose on us using the names of trustee banks).
We should be realistic. Unless you're mother Teresa really wants to help the poor and the unfortunate, all of us (including politicians, judges, debt buyers, debt collectors) will act for our own interests. If you ask what's in it for them? the answer usually explains why people act the way they do. Why would a judge rules for the fraudsters knowing these guys ripping off tax-payers (including him/herself, children, grandchildren ) unless what she/he gets back is much more than that. Why some of us win? maybe the ruling judge does not a cut in the deal. Think about it. Don't be afraid of these crooks.
By the way, I am still waiting for lawsuits from Ocwen and Bank of America for slandering. They won't because everything I posted is true and a lawsuit will further expose their scheme.
 

Survivor_IN

LoanSafe Member
It's a vastly different landscape to turn this around and sue the fraudsters. Lots of obstacles and adjustments when creating a cause of action versus defending a cause of action. How to simplify the complex and not be knocked out of the race at the starting gate? I've achieved the stalemate as a pro se defendant but simply can't put the matter to rest in final form without holding the original actors accountable in order to attack the validity of the contracts. I'm wondering if anyone has thought of extending the statute of limitations on the frauds committed which affect the contracts? There are new arguments and new hurdles in this. What about courts being closed during the pandemic and its effects on bringing various cause of actions?
 

isisis

LoanSafe Member
More Trouble and Survivor,

On the topic of filing complaints , if you haven't prepared an FTC complaint just yet it's probably helpful to do a little study so you can adopt their parlance and be sure to point out specific violations of the FTC Act. It's a bit of a yawner but reading the Act helps zone in on their mindset so you can speak their language.

To provoke the proper response from these agencies it helps to see it from their perspective and try to qauge the scope of their powers. The FTC's dictum is unfair methods, deceptive acts or practices affecting commerce, are wrong and they have the authority to declare them unlawful provided the acts and practices are likely to cause substantial injury to consumers which is not reasonably avoidable by consumers themselves and not outweighed by countervailing benefits...

So if you allege misconduct you want to emphasize actions that are unfair, deceptive and cause unavoidable and substantial injury. Wouldn't hurt to point out that they are violating the FTC Act and as there's no private right of action the ball's in their court.
 

Annie Mac

LoanSafe Member
Is this like graduation or something? I am not sure what degree we have earned getting to Bagels Two. We are not the same as we were back in 2008, all bright eyed and trusting that surely the courts will support justice. We have boxes of files, flash drives, court dates come and gone. Family members gone, pets and trees and plants gone. Books unread in favor of reading court briefs. I am not the same person when this began. After fourteen years of metal being held in the flames, it is pared down to only what is true and necessary. It does not matter what our rights were which were stolen, it no longer matters the dreams dashed, the roofs of our homes which were stolen, the pounds of paper with written lies, the courts which supported the lies, and honestly, it does not matter to file complaints against the perpetrators in hopes of justice prevailing. We each can choose through free will whether to spend our days filing complaints or weeding the garden. The outcome could be the same, in a world such as this.

Once in a Native talking circle, an elder was asked "What is traditional?" The elder responded, "What is traditional is to survive." Congratulations to each of us, one and all, however we have done it, and to what degree we have kept our heads up, our statements true, WE HAVE SURVIVED.
 

moretrouble

LoanSafe Member
More Trouble and Survivor,

On the topic of filing complaints , if you haven't prepared an FTC complaint just yet it's probably helpful to do a little study so you can adopt their parlance and be sure to point out specific violations of the FTC Act. It's a bit of a yawner but reading the Act helps zone in on their mindset so you can speak their language.

To provoke the proper response from these agencies it helps to see it from their perspective and try to qauge the scope of their powers. The FTC's dictum is unfair methods, deceptive acts or practices affecting commerce, are wrong and they have the authority to declare them unlawful provided the acts and practices are likely to cause substantial injury to consumers which is not reasonably avoidable by consumers themselves and not outweighed by countervailing benefits...

So if you allege misconduct you want to emphasize actions that are unfair, deceptive and cause unavoidable and substantial injury. Wouldn't hurt to point out that they are violating the FTC Act and as there's no private right of action the ball's in their court.
I did all that, see the attached letter.
 

Attachments

Survivor_IN

LoanSafe Member
I discovered my past complaint(s) have been "lost." FOIA requests are dead end on certain proofs. Moving on.
 

moretrouble

LoanSafe Member
Yes. Still here...in zombie foreclosure land...(12-1/2 years with no mortgage payment). I do indeed like this idea, folks...See attached.
This strategy would not work in present time. Nowadays, the foreclosure king billionaires hire professional thieves to steal legally in courts and auctions are protected by sheriff department. The better strategy is to mobilise the already been foreclosed homeowners and activists, set up camp in your front yard with arms when the sheriffs try to kick you out. That will attract coverage by the local and national news, then have your trial publicly since the state court has denied you the rights. Also organise protest in front of the state Supreme Court, passing out copies of your court documents detailing the fraud and the cowardice of your elected judges, and demanding their resignation and return of salaries and benefits.
 

OneHugeMess

LoanSafe Member
The real problem with that strategy, is how Foreclosure & Debt Law has evolved. Unlike in the 1920's... generally speaking, a Mortgage Servicer retains an attorney. Who than files a foreclosure complaint in its name, or in the name of a Mortgage Backed Trust.

Once Final Judgement or Default Judgement has been received in the case, and a sale date has been scheduled -- the Creditor, as in the Mortgage Servicer... is entitled to a "credit" bid up to the Total Amount Owed on the Loan, plus Delinquent Interest, and Escrow Advances, and so on. They don't have to exchange a single cent, beyond state and local taxes.
 

OneHugeMess

LoanSafe Member
Anyhow... I hope all of you are doing well, and have great luck in the new year. I've been... honestly, busy, and tired. I miss coming in and seeing all of you.

As for Bagels. I personally feel like this is not the end. I have a feeling, in a little while, we are going to unfortunately, have a lot of people joining us here. We just need to stay together, and keep the resources built up.

Stay Strong Everyone.
 

Annie Mac

LoanSafe Member
I agree with your notion of the future, One Huge Mess. However, I don't think the playing field is the same as it was. While many people jumped ship immediately, I sense there is now a coalition amongst the world behind closed doors.I would not even dirty the four letter word BANK by calling them that. It is something else, and the language which has been drafted into documents is now time-tested. The loopholes have closed. I am not sure how the marriage of the lenders and the courts has shaped up, but it is not the only dysfunctional marriage in the world of property and finance. I am not sure that defending one's turf and home like we have done will work next time around. It would appear there will be many more homeless. I remember when I quoted Chief Sealth on the original Bagels thread,"Your houses are not your houses." I think that statement rings truer and truer for Bagels Round Two.
 

moretrouble

LoanSafe Member
In recollection, I feel we've made some good progress. In my case, the trial judge has retired, my opposing attorney found different career, my case is closed without judgement enforcement, no judicial foreclosure case filed in the name of a trust in months. We must have done something right. A foreclosure judgement is till hanging but it is only valid for 10 years and 3 years has passed. Hurry up and foreclose, time is running out.
 

Survivor_IN

LoanSafe Member
MT You did quite well if you think about it. Guess they don't care about taking possession. Just banking up some papers for later. (call it "futures") Meanwhile how convenient someone lives there and maintains it for them? Always an angle.
 

cookiemom

LoanSafe Member
Starting to feel defeated...advice I just received on trying to settle with my 2nd

"I hate to say this, but I think you need to pay full freight on the 2nd note including arrears or plan on leaving the house"
 

Annie Mac

LoanSafe Member
It depends upon who the source of that advice was. Initially after 2008, the banks were making offers of forgiveness which began dropping by 5,000'to10,000 each time they made a new "offer." The general theme at the time was to focus on the primary first loan, and not to loose sleep over the second. Finally, the feds made a huge forgiveness and the Helocs and 2nds were forgiven. In my case, they sent that notice to the wrong address, and I was unaware it had occured until I saw it cancelled on the county recording records. Helocs/2nds have been off my radar since that "DUMP" of I think it was 2012. The banks got large sums for their forgiveness of those at that point,so it benefited them more than they would have gotten from the homeowners. (Plus,we are more difficult to deal with.) As I write this, it seems like ancient history.
All I know, is it is still a game to those claiming to "be the rightful owner of the Note," but the rules are refined in language and delivery. It would appear there is less confusion and wiggle room and the files of the homeowner are at a disadvantage compared to the sophisticated artillery of the financial pillars. Sometimes patience has proven to be a worthy defense too.
 

cookiemom

LoanSafe Member
It depends upon who the source of that advice was. Initially after 2008, the banks were making offers of forgiveness which began dropping by 5,000'to10,000 each time they made a new "offer." The general theme at the time was to focus on the primary first loan, and not to loose sleep over the second. Finally, the feds made a huge forgiveness and the Helocs and 2nds were forgiven. In my case, they sent that notice to the wrong address, and I was unaware it had occured until I saw it cancelled on the county recording records. Helocs/2nds have been off my radar since that "DUMP" of I think it was 2012. The banks got large sums for their forgiveness of those at that point,so it benefited them more than they would have gotten from the homeowners. (Plus,we are more difficult to deal with.) As I write this, it seems like ancient history.
All I know, is it is still a game to those claiming to "be the rightful owner of the Note," but the rules are refined in language and delivery. It would appear there is less confusion and wiggle room and the files of the homeowner are at a disadvantage compared to the sophisticated artillery of the financial pillars. Sometimes patience has proven to be a worthy defense too.
Very true. It just is a roller-coaster, for each "win" like below I read there are then 10 after that object to that.

I was trying to understand the reasoning behind the second lien holder listed on my bk7 undersecured and if that would hold any law that they are only entitled to that amount...but again defeated as stripping down was not allowed in bk7.

"undersecured creditors deserve appreciation misses the reality that appreciation derives from more than rising markets. It is also attributable to the debtor’s pay-down of the senior interest and investments in improvements. Even if an undersecured creditor were entitled to market appreciation, nothing justifies access to the value of additional increments produced by the debtor’s post-petition efforts."
 
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