Bagels at a Bar mitzvah Part II

K

kraftykrab

LoanSafe Member
OneHugeMess said:
I want to say this out loud. For anyone reading this post, or thinking of challenging your foreclosure. Unless you are just attempting to stall time, and literally have zero desire to keep your home, I advise everyone to attempt to workout a Loan Modification of any kind, or to consider a Chapter 13 Bankruptcy if the modification fails.

But you should only get a Chapter 13, *IF* you have received actual financial counseling, and can afford a purposed plan payment. DO NOT JUST TAKE THE ADVICE OF A BANKRICPTY ATTORNEY, WHICH *RARELY* HAS YOUR BEST INTEREST AT HEART.

As time rolls and goes on, many people who have lost their homes, or walked away, have immense regret. Almost all of them are paying more in rent now, than they ever were on their crappy subprime mortgages. And further more, the loan mods, while sometimes crappy, would have eventually landed them to upside, in 2020, and on.

The Banks, have learned a lot since 2007. They no longer file cases in the name of MERS Inc, or lose promissory notes. Judges are far less sympathetic towards defendants, and housing, housing is a whole other world.

The entry into homeownership, even starter homes, is unprecedented. It's also becoming quickly out of reach, for most people. Beginner Condo's which once sold for $300,000, back in 2018, now regularly fetch well in excess of $575,000.

I just think... considering the facts, most people are far better off getting a loan mod, and paying a bank, and slowly, but surely, building equity, and having a secure, fixed payment. Despite what others say, this insane housing market will slow, but will not burst. And rental prices... well, a lot of people are going to suffer a slow death of a 1,000 cuts.
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OK, so what have we learned?

IF the banks have learned a lot since 2007 and no longer use those same tactics, wouldn't it stand to reason that they must have lost a significant number of cases? Otherwise, they would not ever change the tactics they used. So, for anyone who's still fighting after all these years where those things DID happen in their cases, there's got to be info out there somewhere that proves their claims. Again, if the banks really had done nothing wrong, they would never have changed their tactics. There have to be cases out there. Those cases are hard to come by. Perhaps going to law libraries or clerk's offices and reading the hard copies of cases might help. Since standard searches won't typically show up things like this online, we need to change OUR tactics of research, perhaps.
 
M

moretrouble

LoanSafe Member
The banks did learn a lot since 2007. Pre 2016, they predominantly used non-judicial foreclosures using assignments of deed of trusts. Once people knew the scam of using minimum-waged Vice-Presidents to transfer billion dollars of loans was obvious to all of us (except the judges). The banks changed to judicial foreclosures based on the bunch of presumptions they lobbied the state legislatures to change. The main presumptions are: 1) The notes are presumed to be authentic unless there uncontroverted evidence that they are not.
2) The endorsements are presumed to be made at the time and place of the notes.
3 ) Business records in normal course of operation are admissible.
Based on these presumptions, they fabricated their own notes, hired new vice-presidents (maybe a little more than minimum wages), hungry attorneys then filed complaints to foreclose. This is based on my research and experience.
The strategy we need to change is how we counterclaim and/or filing our own suits. In addition to naming the outfits (banks, law firms, corporations) we need to include the individuals (CEOs, attorneys...) as defendants, not as individuals but in their capacities as officers of the outfits. You can not jail Bank of America but you can jail the individuals who commit crimes, remember the Keating-five. It's the individuals who benefit from the frauds on us (home-owners and taxpayers) in the form of bonuses, options... demanding restitution and craw-back of illegal profits. And don't forget the judges, judicial departments, county recording offices (for let the fraudsters record fake documents at our expenses). That will get their attention.
 
M

moretrouble

LoanSafe Member
You can check whether the banks enforce the foreclosure judgements by getting the properties' addresses from the case files then go to Zillow: price history to see if sold after the decisions. I found out after the fraud was exposed they withdrew most of the writs to sell orders.
 
K

kraftykrab

LoanSafe Member
moretrouble said:
You can check whether the banks enforce the foreclosure judgements by getting the properties' addresses from the case files then go to Zillow: price history to see if sold after the decisions. I found out after the fraud was exposed they withdrew most of the writs to sell orders.
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I've seen similar, but there are still plenty of pretenders that actually take the houses. Especially when no one fights back.

There's a new issue rearing its head over here.

The house is in rather poor shape, and it's been that way for some time now, as I refuse to spend my hard earned money to fix up a house until I know they won't be able to complete the theft of said home. So, we had a hurricane down here back in August, and it brought severe damage to the entire area. The pretender servicer is attempting to commit insurance fraud now, in addition to the mortgage fraud, foreclosure fraud, fraud upon the court, and so on. They filed an insurance claim, stating that this recent hurricane caused a ton of damage to the house. Their list of claimed damages covers almost the entire house--every room: floors, walls, ceilings, the roof....

So, you ask, what's wrong with that?

Simple. They were completely aware that every single surface of the house that they claimed as damaged was already in that condition prior to the storm. And they knew it. They've been photographing the house every month. They have broken into the house multiple times and photographed the interior. Barely a month before the hurricane, they sent out a preservation company to tarp the roof. And then, they claim that the roof was damaged in the hurricane. What's worse, they are trying to upgrade the house by lying about its construction. Example, they claimed drywall was ruined and needed to be replaced in every room. But almost the entire house was built with paneling on the interior walls--not drywall. There is literally only one room that had drywall. That's it. The only parts of the house they are not claiming as destroyed is the exterior wall structure/vinyl siding, and the windows.

I reported this to the insurance company, and I filed a complaint through NAIC as well. These clowns have all the documentation to prove they already knew, but tried this anyway. Let's see what happens with them trying to defraud everyone, not just homeowners.
 
M

moretrouble

LoanSafe Member
The pandemic is over just by looking at the sheriffs' sales listing:

Multnomah – Oregon Sheriffs Sales

oregonsheriffssales.org oregonsheriffssales.org

I checked a few and all of them are foreclosure judgements by default . These writs were submitted by the same crooked law firms and attorneys who 've been committing same frauds for years.
If you don't fight, you automatically lose.
 
C

cookiemom

LoanSafe Member
Just when I start on the path of FIGHT, they do not have a standing, I read something that scares the crap out of me. Two steps forward, one step back.

12 Ways to Fight Foreclosure of Zombie Second Mortgages | NCLC Digital Library

As the name suggests, zombie mortgages can be terrifying. They rise from the dead, appear without warning, and seize homes. And they are appearing now more than ever. This article explains what they are, why they are now such a problem, and twelve ways homeowners can stop foreclosures of zombie...
library.nclc.org library.nclc.org

"If a buyer at the foreclosure sale of a second mortgage wishes to do so, the buyer can pay off the first mortgage and thereby obtain title to the property. Importantly, the foreclosure of a second mortgage means that the borrower’s right to redeem the property by paying off all the mortgage debts is extinguished. Under most state laws, the purchaser at the foreclosure sale of a second mortgage can proceed to take possession of the property and evict the borrowers. Needless to say, the ability to use the powerful remedy of foreclosure gives a second mortgage debt buyer and its debt collector extremely powerful leverage."
 
J

Javagold

LoanSafe Member
cookiemom said:
Just when I start on the path of FIGHT, they do not have a standing, I read something that scares the crap out of me. Two steps forward, one step back.

12 Ways to Fight Foreclosure of Zombie Second Mortgages | NCLC Digital Library

As the name suggests, zombie mortgages can be terrifying. They rise from the dead, appear without warning, and seize homes. And they are appearing now more than ever. This article explains what they are, why they are now such a problem, and twelve ways homeowners can stop foreclosures of zombie...
library.nclc.org library.nclc.org

"If a buyer at the foreclosure sale of a second mortgage wishes to do so, the buyer can pay off the first mortgage and thereby obtain title to the property. Importantly, the foreclosure of a second mortgage means that the borrower’s right to redeem the property by paying off all the mortgage debts is extinguished. Under most state laws, the purchaser at the foreclosure sale of a second mortgage can proceed to take possession of the property and evict the borrowers. Needless to say, the ability to use the powerful remedy of foreclosure gives a second mortgage debt buyer and its debt collector extremely powerful leverage."
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this is why I try to explain to people. The housing Ponzi going up up up. Is BAD for the homeowners. Most think I’m crazy and just do not understand why !!!

We would all be much better off and much more secure, relaxed and skeep well at night, if everyone house was worth $2 !!!
 
C

cookiemom

LoanSafe Member
If you were included in a settlement and securitization how can you prove this or use as a defense? I keep seeing cwheq 2006-i trust appear in these pooling docs that a settlement was reached....
 
S

Survivor_IN

LoanSafe Member
Isisis, Is there a specific name to this article or reference? I'm trying to find on JSTOR. Thanks! (I did find something similar on WestLaw but it's by subscription.)
 
C

cookiemom

LoanSafe Member
Very interesting and not questioned often, most facing foreclosure do not challenge this, but even if they do or the pooling service agreement, wouldn't this just be subject matter jurisdiction?
 
S

Survivor_IN

LoanSafe Member
Isisis I think your link has limited access. I've been thru this site (Instute of Law) and I think you have to enroll to have access. It appears that IOL's learning library and document access is protected against downloading and printing. (common) I would try to download and print to file to remove the IP permissions. It just appears that access is locked or limited. I've tried a couple times. That's the only thing I can think of for it not being accessable to share. I do like this site and actually thought about getting a juris doctorate online for 2K just to fill in some of my short comings. But then I don't really need the rest on criminal and family law. I just want specific material. It is tempting to enroll to have some access to these.

Legal Information is valuable and hard to find without having to pay for it. I have seen where law materials and pricey subscriptions, such as Heine's Online etc, can be accessed through the college law library. With Covid, even though waining, I'm hoping to be able to get remote access without having to physically go in person. I do have both Second Tort and Second Contract but case law is invaluable.

I can't believe how long I've been doing this. Where's my certificate! I think I've earned it.:D:D:D
 
L

Luca Bayon

LoanSafe Guide
moretrouble said:
The pandemic is over just by looking at the sheriffs' sales listing:

Multnomah – Oregon Sheriffs Sales

oregonsheriffssales.org oregonsheriffssales.org

I checked a few and all of them are foreclosure judgements by default . These writs were submitted by the same crooked law firms and attorneys who 've been committing same frauds for years.
If you don't fight, you automatically lose.
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Hi everyone, I am a new Associate Loan Officer working under Erik Sandstrom (the owner of this forum). We are proactively trying to help as many homeowners as we can with these Charged-Off 2nd Liens that have come back to haunt people. I figured this would be a great platform to ask this question:

Does anyone know of any sites like the one above that would allow us to see if RTR, SLS or any others that have a tendency to be malicious, are actively trying to foreclose? Here's another site but it seems to be limited. However, I was able to find one Real Time related foreclosure: https://salesweb.civilview.com/Sales/SalesSearch

Ultimately the goal is to get in front of these people and try to help them avoid foreclosure. We work for a nationwide lender so ideally the platform would not be confined to certain counties.
 
S

Survivor_IN

LoanSafe Member
As far as FC homeowners in need of refinance ....The ones you want to concentrate on are the ones where the sale date is cancelled. These are the parties actively trying to save their homes. You do have their name and address from the complaint.

As far as identifying abuse or malicious, that would be when you see a single attorney or group of attorneys all from the same firm with 25-100% of the FC sale listings. They do things in bulk and are difficult to deal with and represent multiple lenders and several states. I call 'em foreclosure mills because they win by default using a template. They play dirty when you challenge them. In my area, you will see the Lenders in the bulk listings on the FC auction listings and you could just use the search term to pull up listings using SLS, RTR, etc.
 
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