Bagels at a Bar mitzvah Part II

M

moretrouble

LoanSafe Member
Javagold said:
Do you if we Are able to fight the Writ of Executions and/or the Sheriffs Sale before they take place ???? And if so. How best to. ( I’m in NJ).
Click to expand...
I am not familiar with NJ but I plan to file complaint in the Federal court asking for prelim injunction and voiding the the lien. The lien should be voided because the originator (and its successors-in-interest are liable) fraudulently duped me into signing a predatory loan for its benefit. Also I will expose the securitization scheme, the sponsor sold the loan at least 3 times, more like 15 times (generating illegal tax deductions when default was claimed) , Ocwen used my loan to steal from the trusts' investors, and the trustee BNY allowed it happened. They should have been paying me, instead of demanding mortgage payments, I should have sent them a monthly invoice for my share of the profits.
Anyway, the most I want to stay in this house is 2 years. With the property tax going up so high, it hurts me knowing my tax is contributing to the corrupt judges' pensions. No wonder people are losing faith in the government and the courts' credibility is in question. Not much better than a third-world country. Do what you have to do but life is too short to let the attempted steal bury you.
 
M

moretrouble

LoanSafe Member
Apparently, BOfA hired some attorney to study my case because my last statement showed a charge for litigation fee. A pro se whose Writ was filed one month after mine had her sale date scheduled, mine still not, maybe they are still debating. I am kind excited looking forward to the Federal. Glazer v. Chase Home Finance
 
M

moretrouble

LoanSafe Member
Also McNair v. Maxell Morgan P. C. I have to thank the stupid attorney from the law firm for extending my statue of limitations on my FFCPA claim by filing a Writ of execution with the state court. This was decided 4 years after so I am in for a long battle.
 
isisis

isisis

LoanSafe Member
This appears to be the part where I learn about the limited application of the law in situations of disparate power. It also may be they part where I learn the importance of a tactical retreat. Despite the ruling for breach the forces of evil have again scheduled a sale. My attorney is saying emphatically, "cry uncle" and my resistance is weakening. Yes, they are in not just material but total breach and they've repudiated. Therefore I have the right to terminate. I don't know if anyone's done this before much less succeeded. While it's technically possible still, I'm no genius, if it could be done someone would have done it before....

Oh, the reason counsel thinks I should cry uncle is they've offered a low interest modification. Thing is it includes charges and fees and high interest arrears, amounts I don't legally owe. Threatening to foreclose if I don't agree is extortion along with repudiation....
 
M

moretrouble

LoanSafe Member
One sentence in the Barnes case that strikes me "Because the debt must be owed or due "another". There fore, anything denying the existence of the debt is futile. One strategy I can think of is to dispute the amount actually owed, the so-claimed secured creditor, the proper party to render the sale proceed and in the process expose their fraudulent scheme to defraud. Say start with what they claim you owe, subtract 35% for the origination fraud, $250K for time you or your attorney spend on the case, minus other damages, your share of securitization profits, then so on... soon you may arrive at a managable number.. that's if you want to keep the house.
 
R

razmik

LoanSafe Member
Hello everyone...what do you think about this issue. I just got it:

The possibility that Maine could remove a consumer protection against continued foreclosure litigation after a borrower has won could give servicers expanded options similar to other jurisdictions, experts say.

The catalyst for the potential change is J.P. Morgan v. Moultain, a case in which the court system previously found a lack of evidence related to the mortgage company's ownership of the loan and the amount owed, according to the Portland Press Herald. The latest escalation of that lawsuit asks for reconsideration of both a precedent restricting subsequent litigation, and a related case that set it, The Maine Monitor reported.

Both local news outlets noted that Thomas Cox, high-profile consumer attorney who called attention to widespread foreclosure process improprieties following the Great Recession, is opposing a change
 
isisis

isisis

LoanSafe Member
Not going to cave or tactically retreat at least not now. Just a momentary lapse of reason and some cowardice. I think they're trying to strong-arm me. They want to remind me they're carrying a big stick and how unpleasant the whole mock execution exercise can be. With such a formidable instrument of persuasion at hand it must be irresistible to brandish it a bit. Though Amnesty International would not approve.

But one of the ways I've been fighting this is to use their weapons against them and this barbaric abuse of power is unlawful in the manner that they use it. The non judicial foreclosure process wasn't intended to be used as a means of wrongful debt collection and it would revive my FDCPA claim.
 
M

moretrouble

LoanSafe Member
Now I understand why I've been able to stay in the house for so long and my state case took so long (6 years, normally 3 years at most). Not because they feel sorry for you, the enemy wants to run out all the statue of limitations on all the counterclaims so they would have nothing to lose when they take action, very smart.
 
S

Survivor_IN

LoanSafe Member
Just a quick reminder that Judges are on the ballot. Without getting political, very important to vote out the old boys on the bench (even if they are women). Get rid of the rocket docket protocal and biased judges.
 
M

moretrouble

LoanSafe Member
In your discovery, ask for the mortgage loan schedule (current and history) and if you don't get it in time, file a motion to compel, . If your current statement has a different loan number than what was securitized, the loan with the default amount was simply transferred (by making an accounting entry, no funding involved) to a new collection account with a new number, the balance of the new collection account is 3 times the balance of the loan with the original loan number in the trust. There is no loan with the new account number and unpaid balance in the current mortgage loan schedule. They are using the trust names to collect on the new balance. The old loan has been paid down using the trust fund while the new loan has been accruing interests and fees, and so on.,, Originally I thought the old master servicer repurchased the default loans but now I doubt it.
 
R

razmik

LoanSafe Member
This comment is a real GOOD ONE.
We all know this but they don't. Do you know how many transfers, assignments, substitute and such from here to there and from COUNTRYWIDE, RECONTRUST, MERS to BofA, SLS, NATIONSTAR, MR, COOPER all with phony people and strange names and signature. How come we understand this after all this time and they still don't get it.
Yes, my original loan with Countrywide was almost half of what Mr. Cooper is asking. Unpaid interest and stuff. How do I know their calculation is correct. When I started the loan mod they send me inflated property taxes, inflated insurance and fuzzy interest calculation. On top of that they want to amortize over 20 years, not 30 or 40 years.
Thank you but how can I convince my lawyer to use these issues, She says the time has gone to claim these kind of stuff. The judges will throw them out
 
M

moretrouble

LoanSafe Member
razmik said:
This comment is a real GOOD ONE.
We all know this but they don't. Do you know how many transfers, assignments, substitute and such from here to there and from COUNTRYWIDE, RECONTRUST, MERS to BofA, SLS, NATIONSTAR, MR, COOPER all with phony people and strange names and signature. How come we understand this after all this time and they still don't get it.
Yes, my original loan with Countrywide was almost half of what Mr. Cooper is asking. Unpaid interest and stuff. How do I know their calculation is correct. When I started the loan mod they send me inflated property taxes, inflated insurance and fuzzy interest calculation. On top of that they want to amortize over 20 years, not 30 or 40 years.
Thank you but how can I convince my lawyer to use these issues, She says the time has gone to claim these kind of stuff. The judges will throw them out
Click to expand...
They Do get it. Your attorney did not do her job. That's exactly why I go pro se. I've read so many cases where defense attorneys do not understand the issue (ignorant or willingly?). They take your money and lose your case, lock you in with a dismissal with prejudice. It took me a while to realize this is really what's going on. Distressed debt-buyers using the trust names to steal homes.
 
R

razmik

LoanSafe Member
Well, I am with her for almost 6 years. I was doing this all by myself for almost 7 or 8 years until Mr. Cooper started putting sale dates after sale dates. She helped me a lot and was on retainer. It is not easy to find another one. How can I do these stuff myself
 
S

Survivor_IN

LoanSafe Member
isisis said:
This appears to be the part where I learn about the limited application of the law in situations of disparate power. It also may be they part where I learn the importance of a tactical retreat. Despite the ruling for breach the forces of evil have again scheduled a sale. My attorney is saying emphatically, "cry uncle" and my resistance is weakening. Yes, they are in not just material but total breach and they've repudiated. Therefore I have the right to terminate. I don't know if anyone's done this before much less succeeded. While it's technically possible still, I'm no genius, if it could be done someone would have done it before....

Oh, the reason counsel thinks I should cry uncle is they've offered a low interest modification. Thing is it includes charges and fees and high interest arrears, amounts I don't legally owe. Threatening to foreclose if I don't agree is extortion along with repudiation....
Click to expand...
Isisis, whose retreat? Are they changing the subject on the matter? Sounds like you have HUGE win on material breach ruling. Should be cause of action for recoupment of payment and damages - which would make foreclosure inequitable.

One thing I have seen in these repetitive actions are they keep filing the same darn thing. (with minor changes like the date or other "new" thing) Don't see why you can't you file the same darn thing over and over too if it works. (with minor changes addressing minor changes)

Otherwise, I don't think it ends until we take up the offensive position. I truly don't know how to address this repudiation matters other than a legal letter declaring your position that they have repudiated the mortgage by way of a material breach. At minimum, it documents an intention for use in court. (You know I'm not an attorney by the way.) My thoughts are solely declaratory so they can't say, "oh, well she never let us know THAT" when it is presented in court. The caveate is that you likely have to pay balance and calculating accurate balance is gonna be a full on debate. However, this may be helpful if they no longer have rights to collect interest. (in my state they can lose this right for collecting excessive interest)

I don't like being persuaded to play uncle either but I think courts push these modification resolutions behind closed doors.

I wonder if collecting more than due in this most recent mod offer (a take it or leave it proposition right?) is another FDCPA violation? I wonder about these because it seems these offers magically appear after some sort of legal action that appears they don't have ability, intention or actual right to follow through. Almost like clockwork. Scare them, then see if they pay full amount with all the extra trimmings.
 
S

Survivor_IN

LoanSafe Member
moretrouble said:
Now I understand why I've been able to stay in the house for so long and my state case took so long (6 years, normally 3 years at most). Not because they feel sorry for you, the enemy wants to run out all the statue of limitations on all the counterclaims so they would have nothing to lose when they take action, very smart.
Click to expand...
You can sorta protect yourself by adding violations of federal and state law in your answers and counter-claims. If they amend, well, you can tag that one into your responses. But, yes, very sneaky game play on SOL where they avoid liability but miraculously retain actions way beyond SOL. And courts let them.
 
You must log in or register to reply here.
Top