Bagels at a Bar mitzvah Part II

[Survivor_IN]

In re Wells, 407 B.R. 873 | Casetext Search + Citator

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I logged in PACER and studied the court documents in this case. Highly recommend if you can not find an attorney to carry out your strategy and have to file pro se. This case has most of the documents that you will need including notice of appeal and removing to the U. S. District court. I will continue to look up other cases and let you guy know. I plan to file listing my originator Ameriquest (now defunct) as secured creditor, and original balance as secured balance, and the inflated balance from the servicer as unsecured, claim of zero, and also the trust balance from Bank of new york as unsecured and claim of zero. It will be interesting how this will play out in court.

That's interesting. On the defunct entity, the ownership could be anywhere now. Hold them to strict proof if/when they fight. It really does sound like a plan you got. Make them skwirm. Pacer certainly would help me on certain filings, especially if my case goes to appeals. I would think they would not be stupid enough to do that as it would incur a searchable loss connected to the Dirt Bag F Face Shiesters. I'm pretty proud of myself on this last piece I just filed. I did request dismissal with prejudice and outlined their forgeries. I've got them on the law, so all they got to escape is on procedural errors. But all in all, tell a judge that she should rule "on the merits" can negate some of those technical errors. We'll see what they choose to argue. Balls in their court now.

 

[razmik]

Dude, you're brilliant! Now why didn't I spend this time studying procedure instead of acting on the mistaken belief that legal theory was the nuts and bolts of justice? All that time I spent on Corbin and Farnsworth when I should have been studying the tricks of the trade.

Hello isisis, hope you remember me. I still have my house and living in it but in last few months things got ugly. My last lawsuit with Mr, Cooper was not successful and we lost and my lawyer for last 6 years says this is the end of it. After that Mr. Cooper filed a new NOD by a new trustee company. The 3 months is gone but not a NOS yet. I reached out to them and asked for another loan modification. They have a new system. The don't need an application. After 2 days into the request they sent a denial! they said your past due amount is too high and the modification amount will be too much. They can not reduce the principle and can't do lower interest rate.
I applied again and they said the same thing. I submitted 2 complaints by CFPB but again in 2 days they responded in 2 or 3 days without looking at it and said all those issues are addressed in the lawsuit.
I asked my lawyer what can we do now and she said she has NO MORE TOOLS to fight anymore.
She says if they foreclose we may be able to go for wrongful foreclosure but am not sure about that.
This the 14th year I am in this and all their documents calls for payment due from 2019 April!!!
Is there anything else I can do. Any ideas isisis? you have been very helpful to me and and many others. Can you work your magic one more time.
You said you filed the chapter 13 now. Do you think it will help you to stay in your house for a long time?

 

[razmik]

Hello isisis, hope you remember me. I still have my house and living in it but in last few months things got ugly. My last lawsuit with Mr, Cooper was not successful and we lost and my lawyer for last 6 years says this is the end of it. After that Mr. Cooper filed a new NOD by a new trustee company. The 3 months is gone but not a NOS yet. I reached out to them and asked for another loan modification. They have a new system. The don't need an application. After 2 days into the request they sent a denial! they said your past due amount is too high and the modification amount will be too much. They can not reduce the principle and can't do lower interest rate.
I applied again and they said the same thing. I submitted 2 complaints by CFPB but again in 2 days they responded in 2 or 3 days without looking at it and said all those issues are addressed in the lawsuit.
I asked my lawyer what can we do now and she said she has NO MORE TOOLS to fight anymore.
She says if they foreclose we may be able to go for wrongful foreclosure but am not sure about that.
This the 14th year I am in this and all their documents calls for payment due from 2019 April!!!
Is there anything else I can do. Any ideas isisis? you have been very helpful to me and and many others. Can you work your magic one more time.
You said you filed the chapter 13 now. Do you think it will help you to stay in your house for a long time?

I mean they say the loan is due from 2009 April. I made a mistake saying 2019...
I am in Los Angeles California by the way

 

[moretrouble]

I looked up the subsequent case in U. S. District Court of Northern Ohio (search for Wells in name field), the parties eventually settled, terms undisclosed.

 

[isisis]

Hello isisis, hope you remember me. I still have my house and living in it but in last few months things got ugly. My last lawsuit with Mr, Cooper was not successful and we lost and my lawyer for last 6 years says this is the end of it. After that Mr. Cooper filed a new NOD by a new trustee company. The 3 months is gone but not a NOS yet. I reached out to them and asked for another loan modification. They have a new system. The don't need an application. After 2 days into the request they sent a denial! they said your past due amount is too high and the modification amount will be too much. They can not reduce the principle and can't do lower interest rate.
I applied again and they said the same thing. I submitted 2 complaints by CFPB but again in 2 days they responded in 2 or 3 days without looking at it and said all those issues are addressed in the lawsuit.
I asked my lawyer what can we do now and she said she has NO MORE TOOLS to fight anymore.
She says if they foreclose we may be able to go for wrongful foreclosure but am not sure about that.
This the 14th year I am in this and all their documents calls for payment due from 2019 April!!!
Is there anything else I can do. Any ideas isisis? you have been very helpful to me and and many others. Can you work your magic one more time.
You said you filed the chapter 13 now. Do you think it will help you to stay in your house for a long time?

Hey Razmic,

Of course I remember you. Yep, things can get rough fighting the bank. Here's some options from where you're at.

1. Appeal or have your attorney appeal and play a paper game like More Trouble is doing in the posting you replied to.

2. Change of venue. If you were in State before, file a complaint in Federal Court now. That means you'll who get to use claims like FTCPA and FCRA but you can also include state claims, though not one you used before.

3. File Chapter 13. You can have it dismissed later, you're not married to it but it's worth a few months. It could be six months or more before they can schedule a sale again. At that point you can file again.

Try to find a attorney who does adversary proceedings or Google "Max Gardner Boot camp attorneys". These guys unlike regular BK attorneys go after banks.

4. File a complaint with California's version of the CFPB, the DFPI. It's like the CFPB and
probably just as useless but you never know.

How to File a Complaint with the DFPI | The Department of Financial Protection and Innovation

The DFPI facilitates communication with your financial institution when you file a complaint. It also assists in protecting other consumers.

dfpi.ca.gov

If all else fails and you can't stop the sale there are attorneys doing wrongful foreclosure lawsuits on contingency. That might include UD. Here's one that contacted me. Nonprofit Alliance of Consumer Advocates. NACA law.gov. They also claim to stop sales. I know nothing about them, just passing it on.

Hang in there!

 

[moretrouble]

Found this:

The Mortgage Servicing Fraud Forum

Not sure how accurate it is.

 

[razmik]

Hey Razmic,

Of course I remember you. Yep, things can get rough fighting the bank. Here's some options from where you're at.

1. Appeal or have your attorney appeal and play a paper game like More Trouble is doing in the posting you replied to.

2. Change of venue. If you were in State before, file a complaint in Federal Court now. That means you'll who get to use claims like FTCPA and FCRA but you can also include state claims, though not one you used before.

3. File Chapter 13. You can have it dismissed later, you're not married to it but it's worth a few months. It could be six months or more before they can schedule a sale again. At that point you can file again.

Try to find a attorney who does adversary proceedings or Google "Max Gardner Boot camp attorneys". These guys unlike regular BK attorneys go after banks.

4. File a complaint with California's version of the CFPB, the DFPI. It's like the CFPB and
probably just as useless but you never know.

How to File a Complaint with the DFPI | The Department of Financial Protection and Innovation

The DFPI facilitates communication with your financial institution when you file a complaint. It also assists in protecting other consumers.

dfpi.ca.gov

If all else fails and you can't stop the sale there are attorneys doing wrongful foreclosure lawsuits on contingency. That might include UD. Here's one that contacted me. Nonprofit Alliance of Consumer Advocates. NACA law.gov. They also claim to stop sales. I know nothing about them, just passing it on.

Hang in there!

Thank you very very much. You have been a very big help to me. I am not sure where I could be without you and this site. It help me a lot. Thank you

 

[isisis]

I think being subject to 100% taxation would be a way to verify that the trust is not a trust when it comes to identifying the entity suing. In other words, while you can't challenge this act "between the parties" you can use this knowledge as a verification to the court that the entity suing you is not the correct party in interest as it is an impossibility for such trust to exist.

Yeah, I tried that back when Californians could still challenge securitization.

 

[Survivor_IN]

Yeah, I tried that back when Californians could still challenge securitization.

I'm not challenging the securitization, I'm challenging the note. The note doesn't add up. Bless their lil hearts they did try.

Most of these older battles and lenders' legal defenses weren't exactly valid when it came to "you can't challenge me, my robosigners, or my trust." I'm not challenging the securitization but their evidence doesn't support that the trust is the party bringing this action. Now I realize in some of these Deed of Trust States that you can not demand the identity of the creditor/lender and a trustee can hide that. Not in my judicial State.

I do know these foreclosure attorneys get some of these things confused and try things that work in Idaho but don't work in Montana. Same with the peanut gallery of my peers. But I'm throwing a punch in the kidney no matter how satisfied they are with their shield. Wonder if they will fabricate further? I think they are digging their grave and risking their law liscence.

 

[Survivor_IN]

Wondering why Wells Fargo v Gaitan has flipped to Gaitan v Wells Fargo... I suspect a case of 'why the lender withdrew their appeal...'

 

[isisis]

I'm not challenging the securitization, I'm challenging the note. The note doesn't add up. Bless their lil hearts they did try.

Most of these older battles and lenders' legal defenses weren't exactly valid when it came to "you can't challenge me, my robosigners, or my trust." I'm not challenging the securitization but their evidence doesn't support that the trust is the party bringing this action. Now I realize in some of these Deed of Trust States that you can not demand the identity of the creditor/lender and a trustee can hide that. Not in my judicial State.

I do know these foreclosure attorneys get some of these things confused and try things that work in Idaho but don't work in Montana. Same with the peanut gallery of my peers. But I'm throwing a punch in the kidney no matter how satisfied they are with their shield. Wonder if they will fabricate further? I think they are digging their grave and risking their law liscence.

REMIC regs also require there to be no more them de minimis "defective obligations".in the trust or they're toast.

Based on that info I spent a considerable amount of time locating loans in my trust, CWABS 2006 SD2, through recorded documents and foreclosures. Then checked their names or addresses through county records in various states to determine if those loans had been "defective obligations". It's a small trust just 6000 or so in the loan pool so de minimis wouldn't be much, just 60 or so loans would have to be defective obligations to "break" to the REMIC. Since CWABS 2006 SD2 is a "scratch and dent" trust there were plenty of foreclosures to be found and every one of them was a defective obligation. For various reasons, mostly being added to the trust years after it closed.

Then the obvious dawned on me. Nearly all the subprime securitizations had the same problem and the IRS had chosen to turn a blind eye to the issue. So even if I could show that CWABS 2006 SD2 never legally acquired my loan and was unlawfully enjoying REMIC tax-free benefits the IRS didn't want to hear about it. Also since unlike judicial states in California it simply doesn't matter if the foreclosing party is the note holder.

 

[Survivor_IN]

Hello isisis, hope you remember me. I still have my house and living in it but in last few months things got ugly. My last lawsuit with Mr, Cooper was not successful and we lost and my lawyer for last 6 years says this is the end of it. After that Mr. Cooper filed a new NOD by a new trustee company. The 3 months is gone but not a NOS yet. I reached out to them and asked for another loan modification. They have a new system. The don't need an application. After 2 days into the request they sent a denial! they said your past due amount is too high and the modification amount will be too much. They can not reduce the principle and can't do lower interest rate.
I applied again and they said the same thing. I submitted 2 complaints by CFPB but again in 2 days they responded in 2 or 3 days without looking at it and said all those issues are addressed in the lawsuit.
I asked my lawyer what can we do now and she said she has NO MORE TOOLS to fight anymore.
She says if they foreclose we may be able to go for wrongful foreclosure but am not sure about that.
This the 14th year I am in this and all their documents calls for payment due from 2019 April!!!
Is there anything else I can do. Any ideas isisis? you have been very helpful to me and and many others. Can you work your magic one more time.
You said you filed the chapter 13 now. Do you think it will help you to stay in your house for a long time?

Hey Razmik,
I'll tell you what I've told Elle. The CFPB bars collection of a debt after the SOL. (look it up, its under debt collection) I would try it since they have recently updated with a new NOD. They also have to wait 6 months in order to negotiate before foreclosure. It couldn't hurt to try these two things. Also, you would be fighting a debt collector and this would force them to identify themselves, or not, so you could potentially challenge if they are real party and actual owner of note or a mere debt collector. And if you don't have ability to challenge in this particular court, you could try this in bankruptcy court. It's a thought. I'm not in California.

 

[isisis]

Unfortunately, the SOL on a DOT in California is ten or thirty years depending on a technicality having to do with the language in the recorded deed. Weird, huh? But it used to be the SOL never ran on a DOT. Hmmm maybe I should check that out again. When I first looked into it ten years seemed like forever and now it's years ago.

Still, if the creditor has continued to actively pursue the debt doesn't that prevent the running of the SOL?

 

[kraftykrab]

Only if they are actively pursuing in an ongoing lawsuit. At least, that's in judicial states. If their case is dismissed for any reason, the SOL clock runs as if they never filed the suit. So, while it is often longer than the SOL period since delinquency began, the clock gets paused while the suit is ongoing. But if it's been longer than the SOL period since delinquency began and their suit gets dismissed, they would generally be barred from suing you again because the expiration of SOL is an affirmative defense that they can only overcome by showing the SOL clock has not run out. Which, of course, is not possible unless the clock really has not expired or they fabricate a lot of paperwork.

In my state, SOL is 5 years from delinquency. Once they accelerate the note, they cannot even claim that only future payments are able to be pursued. I presume this is why the law firm I'm up against is now getting itchy to prevent me from getting a win--because they know that this is their only shot. Once their case is dismissed, they are done. Their problem, though, is that they have talked and written their way into such contradictions that they cannot win without some sort of trickery. And we're prepared for this--they already have had private conversation with the judge's staff, in violation of the rules of professional conduct. They also tried to influence a judge's staff via email by falsely accusing me of not serving their copy of a filing upon them--when in truth, their copy of that filing was signed for by their receptionist in their office the day before they sent that email. When you're a lawyer and you cannot even be bothered to check with your own office before pretending I didnt send you your copy, you have issues. How unprofessional can a lawyer get? I guess I shouldn't ask, lol

 

[Survivor_IN]

Exactly this. On both points. I just love the squeeze part. These foreclosure attorneys are scrambling on failed causes of actions and all they have left is "technicality" and procedural errors. Once they withdraw or start a new action, or lose an action, they have to deal with the SOL. So they HAVE TO maintain the action indefinitely to not run the SOL, but yes, amending and starting a new NOD is "technically" a new cause of action. Remember that Cali friends.

 

[Survivor_IN]

I didn't realize that most States have utilized the same UCC. It not the maturity that matters, its the acceleration clause. Six years. Interesting. And #2 is for notes "payable on demand" which is 10 years of non-payment. Most notes are not "on demand" but that is a case for "laches" argument on "too late" in any context I would think.

2022 California Code :: Commercial Code - COM :: DIVISION 3 - NEGOTIABLE INSTRUMENTS :: CHAPTER 1 - General Provisions and Definitions :: Section 3118.

Cal. COM Code § 3118 - 3118. (a) Except as provided in subdivision (e), an action to enforce the obligation of a party to pay a note payable at a definite time shall be commenced within six years after the due date or dates

law.justia.com

.

 

[isisis]

I promised to pay the loan back. What I didn't promise was that I would pay even if they made it impossible to pay. I didn't promise to pay more than the loan required. I didn't agree to be harassed and abused or frightened and intimidated. I didn't agree to give up my rights to fair treatment or to be tricked out of my home

 

[kraftykrab]

I promised to pay the loan back. What I didn't promise was that I would pay even if they made it impossible to pay. I didn't promise to pay more than the loan required. I didn't agree to be harassed and abused or frightened and intimidated. I didn't agree to give up my rights to fair treatment or to be tricked out of my home

You also didn't promise to pay a party who cannot prove it is entitled to enforce the note in question.

You also didn't promise to pay on just any old note, but the one which bears the correct account or loan number. That's one for my case. These clowns literally claimed an 8 digit account number as the correct one. Then they present a partial copy of a note with a 14 digit number on it. Then they present a lost note affidavit which identifies the account I'm supposedly responsible for with a 17 digit account number. Then the refi app from way back when shows TWO accounts--one with a 13 digit number and one with a different 14 digit number from the partial note copy. Note this--they did not at any time even attempt to explain how all these different account numbers could possibly tie into the same one account. And we're supposed to sit back and accept this cobbled-together hodge podge mix of crap? I don't think so, scooter....in ANY other situation, if I claimed all this mess and couldnt even identify a single account that I claim you owe me money on, I'd be laughed right out of the courtroom.

And then, they call me the crook when I refuse to pay them what I don't owe them....because they cannot even tell the truth or get their story straight about exactly what account I supposedly owe....and then they lie about being in possession of a note they now claim they never had....lol the hits keep on coming.

 

[Javagold]

Im in NJ. Judicial state. Modification in December 2022. Payment due from February 2023 to present.

Servicer A was bought out by and merged with ServicerB on August 30.
Servicer B just sent first statement September 15.
On September 20 they sent a Letter REFERRED FOR FORELOSURE.
September 22 there is a $1500 item for legal fees.

I thought we had 60 grace period with new Servicer B..
We have received no NOI Foreclosure letter.
There are no new Assignments of Mortgage to either new Servicer or new investor (Who I come to find out was the investor BEFORE the modification I signed with the old investor).

Has anyone ever heard of the Referred for Foreclosure Letter ..and is this a blatant RESPA violation ???

 

[kraftykrab]

It may or may not fall under dual tracking, since you followed the direction of a party that you couldnt possibly know was not the proper party. Either way, you should have all the evidence you need to show the mod and to show your payments in good faith.

The referred for foreclosure letter....did they ever accelerate the balance on the note? Generally, that's a prerequisite to forclosure, though your state may vary. The referred letter may contain the language needed to satisfy whatever your state's laws require. Did they ever accelerate the balance?

I'd check to see if you have any documentation or if there's something in your state that requires that 60 day grace period. If so, you have them on that as well, though that's more likely to be a procedural flaw and not of much more value than that.

Regarding the modification, usually you handle that with the servicer, not the investor. Did you sign paperwork with the investor, or was it with the servicer? If with the servicer, you're fully within your rights to demand their performance on it because the servicer does not always chance when a new investor steps in. But if it was with the investor, then you have a new issue--fraud. The former investor no longer has any authority to make such arrangements like that.