Bagels at a Bar mitzvah Part II

moretrouble

LoanSafe Member
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.courts.wa.gov/content/petitions/96608-7%20Petitioner's%20Motion%20to%20Strike.pdf

if link does not work, search for raac 2005 rp3 foreclosure , click on State of Washington sup court
This person lost his house (1.7M house) from the same scheme, his loan was in the same trust as mine. He contacted me in 2019 but I did not know about the grand scheme and did not have access to Bloomberg so I could not help him.
 

Survivor_IN

LoanSafe Member
MoT,
Yes, looks like same players. Wouldn't ya figure that Ocwen is involved in document production.
I'm not sure what happened here but the only thing that may have spoiled this for the homeowner is that the investigation report says "confidential." The courts (several states etc) took measures to quash the chain of title argument in the same way they quashed (several states etc) the need for an assignment post filing.
 

moretrouble

LoanSafe Member
Was Ocwen, now Rithm Corp. they bought Ocwen’s servicing in 2017. Actually they bought all the servicing/debt collection companies then go after the homeowners. If you look at the market capitalisations, clearly NewRez/ Rithm behind the scheme.
 

Survivor_IN

LoanSafe Member
Hey MoT,

I'm curious about bankruptcy on a budget.

Will chapter 13 reject me if I can't pay enough on a plan? And... Will the plan be contingent on the amount sought by lender? Just wondering because they are already inflating debt and are collecting more interest than allowed per state law. This is a result of my HAMP modification being delaying for a full year on the implementation. (All the California folks sued! but class action was limited to being in State of California.)

Opposing counsel argued that I can't argue the (enlarged) HAMP balance they determined (without any proof). I beg to differ. They owe me about 10k with their hidden accounting records and the use of former interest rate. Hence, they collected more interest than was due and sought to keep these overages in foreclosure.

At the time Ocn filed an NOD they were trying to collect a $59 increase for FPL. SO. I owed them 59 bucks and the owed me 10K at the time they filed foreclosure. Then they reversed payments (another story). This is all pointed out in my pleadings and ignored. It is against state law and the penalty is the INability to collect ANY interest on the loan. In FC this would mean all my interest paid is offset against the principal and applied to principal.

I'm wondering if BK13 might help me advance this argument. Also. Does anyone think this will help with a temporary injunction (state FC court) on the sale?
 

kraftykrab

LoanSafe Member
Was Ocwen, now Rithm Corp. they bought Ocwen’s servicing in 2017. Actually they bought all the servicing/debt collection companies then go after the homeowners. If you look at the market capitalisations, clearly NewRez/ Rithm behind the scheme.
New rez bought Caliber Home Loans in August 2021 too.
 

moretrouble

LoanSafe Member
Hey MoT,

I'm curious about bankruptcy on a budget.

Will chapter 13 reject me if I can't pay enough on a plan? And... Will the plan be contingent on the amount sought by lender? Just wondering because they are already inflating debt and are collecting more interest than allowed per state law. This is a result of my HAMP modification being delaying for a full year on the implementation. (All the California folks sued! but class action was limited to being in State of California.)

Opposing counsel argued that I can't argue the (enlarged) HAMP balance they determined (without any proof). I beg to differ. They owe me about 10k with their hidden accounting records and the use of former interest rate. Hence, they collected more interest than was due and sought to keep these overages in foreclosure.

At the time Ocn filed an NOD they were trying to collect a $59 increase for FPL. SO. I owed them 59 bucks and the owed me 10K at the time they filed foreclosure. Then they reversed payments (another story). This is all pointed out in my pleadings and ignored. It is against state law and the penalty is the INability to collect ANY interest on the loan. In FC this would mean all my interest paid is offset against the principal and applied to principal.

I'm wondering if BK13 might help me advance this argument. Also. Does anyone think this will help with a temporary injunction (state FC court) on the sale?
It's difficult to say unless the details of the case are well-researched. My experience with Chapter 13 :
1. You can stop the sale right away.
2. Have to file a plan in 14 days.
3. Make first payment in 30 days.
4. Court moves fast in bk court (thousands of cases, not like state court: dozens of cases).
5. Strict rules, if you want to keep the house, plan has to cure the arrearage, AND continue to make payments. I can not that's why I have to surrender the house (it still takes them months or years to kick me out). Now the issue is not whether I can/cannot cure or pay but whether the claim is legitimate. I am accusing them of 18 USC 152: false claim.
6. Your plan may not be feasible because of your income, if so will be dismissed but you'll buy a few months.
My situation is different because: 1. I don't really need the house; 2. I want to expose the fraud that the state court judges refused to consider the facts due to untimeliness which I don't have issue with in a new court; 3. I have to surrender the house to the alleged creditor (Bank of New York) in my new plan, but it be will moot if I am successful in my challenge because they can not sell the house if the claim is disallowed. 3. I don't have other debt so I can convert to chapter 7 , let the trustee sells the house and take the remaining after any claim.
 

Survivor_IN

LoanSafe Member
It's difficult to say unless the details of the case are well-researched. My experience with Chapter 13 :
1. You can stop the sale right away.
2. Have to file a plan in 14 days.
3. Make first payment in 30 days.
4. Court moves fast in bk court (thousands of cases, not like state court: dozens of cases).
5. Strict rules, if you want to keep the house, plan has to cure the arrearage, AND continue to make payments. I can not that's why I have to surrender the house (it still takes them months or years to kick me out). Now the issue is not whether I can/cannot cure or pay but whether the claim is legitimate. I am accusing them of 18 USC 152: false claim.
6. Your plan may not be feasible because of your income, if so will be dismissed but you'll buy a few months.
My situation is different because: 1. I don't really need the house; 2. I want to expose the fraud that the state court judges refused to consider the facts due to untimeliness which I don't have issue with in a new court; 3. I have to surrender the house to the alleged creditor (Bank of New York) in my new plan, but it be will moot if I am successful in my challenge because they can not sell the house if the claim is disallowed. 3. I don't have other debt so I can convert to chapter 7 , let the trustee sells the house and take the remaining after any claim.
Well, I certainly don't want to file and get dismissed. I would have credit damage without results.

I want to get this into another forum so I can actually argue the amount attempted to be collected. (usuary law) This might fit just fine in federal court under false claim. They want all that equity by attempting to take more than due by 100K. Hey sell it and give me the 100k and I'll pay off the 5k on credit cards.

Maybe I get a van too

I believe I can claim the excess post sale. I would still have to re-argue usury to reduce their claim but with a new un-biased judge. It's an option. Better to take care in advance because you never know what tricky dick moves they have up their sleeves.

I did get a response from the judicial review commission and that they acknowledged receipt and stated they would review with the board (8 people) at their next meeting. I have no clue when this is but that foreclosure judge might be sh8tting her pants right now. I caught her editing the zoom hearing. The audio-video person backed me up on her having control of functions. (and wrote it down for me) Will be funny if she denies that she cut me off the recording. I waited for the end of the docket to make an appearance as did others. Funny, they were all pro se. Hmm. She deleted those too (about 4 people). I gave the review board my transcripts. I did get the CD from the courthouse and discovered she cut this part off. (tampering as expected)

I told this judge she muted me and wanted to register my objections. She talked over me when she didn't want something recorded. I asked why I wasn't t noticed of the judgement against me. She talked over me once I tried to say "appeal." Confused my transcription but I do have enough. I'm pretty sure this is a serious violation to avoid service of a judgement and leaving me without ability to appeal. That's due 30 days. I discovered this through a motion request (to schedule sale) 60 days later. I was watching mailbox. It was not sent. The judge even said she didn't have to!

The person before me, I got some of her call-in zoom recorded. She was trying to correct her name. So her name is in there. ha ha I've actually heard her before and I do remember the foreclosure judge being very sympathetic and offering to sign documents. But apparently she (judge) did not do what she promised and the same person came back saying same things trying to correct her name.

I don't know how long it takes to investigate a judge.
 

moretrouble

LoanSafe Member
I had my hearing as scheduled but the judge delayed the decision to the next meeting. He knows what is going on because he asked the opposing attorney and me to confer. I told him I just need a decision to proceed with the next step and would be fine either way. I asked "Have you had a chance to read my document". He said no, I requested him to read it before next hearing. Case gets interesting. The state court judge now going down history as the judge who got fooled. I guess this one does not want to to known as such. The chapter 13 had no objection yo my plan.
 

Survivor_IN

LoanSafe Member
Bi0tchfest on board here...

The more I think about it, the madder I get. How can a foreclosure attorney, now Judge, NOT recuse from a foreclosure case! I know I have options here, but am mad about the system right now... I even found more in records that indicate legal aid was helping too. The case could have been resolved years ago if she had argued against their amending. I just couldn't figure out why they got away with it. Now I know it was both sides working against me.

I know. I know. This has been a theme for just about everyone here for over a decade. Why am I surprised!

Also, MoT sounds like things are going well! You are playing a great game.
 

moretrouble

LoanSafe Member
Bi0tchfest on board here...

The more I think about it, the madder I get. How can a foreclosure attorney, now Judge, NOT recuse from a foreclosure case! I know I have options here, but am mad about the system right now... I even found more in records that indicate legal aid was helping too. The case could have been resolved years ago if she had argued against their amending. I just couldn't figure out why they got away with it. Now I know it was both sides working against me.

I know. I know. This has been a theme for just about everyone here for over a decade. Why am I surprised!

Also, MoT sounds like things are going well! You are playing a great game.
You are fighting the crooks and the system. I am doing very well. The scheduled hearing is delayed till late March, plan conf late April. I delayed the sale for 8 months, $125 /month cost.
 

razmik

LoanSafe Member
After letting the ruling digest a couple weeks and letting my anger subside and going through my remaining options none of which were very optimistic after the Court had specifically allowed a sale to go forward. That destroyed most of my other plans. Suffering from major battle fatigue I needed to pull a rabbit out of a hat and couldn't find the hat. Then doing what I suppose we all do, looking around my home with the thought of it and all its memories being gone forever, looking at my extensive animal family thinking I'd let them down and where could I find families to love them? That would break my heart forever.

Then something unexpected happened: the bank offered a modification. Strange, they're looking at a windfall, my property has skyrocketed in value, they'd walk away with $1.4 million. There was little I could do to effectively stop them except a short term BK. How curious that they would all of a sudden do something seemingly decent. I'm kind of mind blown.

Ok, but this couldn't have been done out of decency, that's not what banks do, so what's going on? Do they have some weakness that I'm unaware of that worth letting the money go?

It's a relief but nowhere near a victory of course, they still induced default, deprived me of my contract rights, cost me a ton of money, stole years of my life and broke the law. If it wasn't for Bozo the judge who snoozed through Contracts 101, justice might have been possible. But on the plus side I'm likely to retain my sanity, my pets and my home and maybe get back to a life without the constant stress of being at war against outrageous odds. In the end it was the arrogance of the courts that was the greatest obstacle, impeding justice in their ignorance. Well, I still have a plan and I'm not giving up the fight.
Hello very dear isisis, I hope you are well after all this. In April 2024 it will be 15 years and I am still in the house but they filed and post the Notice of sale on my door a few days ago. The sale is set of March 19th and I don't know what will happen after.
My lawyer says we are out of options. My last attempt for modification got rejected and denied because they say based on the investor orders! there is not enough reduction in payment to be qualified.
They are amortizing me based on 14 years, off course the payments will be $11,000 plus.
The rate they are using is 7.75% and god knows how the arrived to $1.800.000 unpaid balance. My statement says 4.74 rate and another one says 7 percent and now this.
Do you think I can open a new lawsuit? My lawyer says no.
What do you think?
 

moretrouble

LoanSafe Member
Another trick the servicers or a distressed deb-buyer are using is buying the defaulted loans from the trusts (at deep discount) then foreclosing using the trust names. I am going thru the chapter 13 cases and run the loan audits on the loans claimed to be in the trusts and found out the loans are NOT in the trusts, contrary to what the attorneys are claiming. I emailed to debtors' attorneys my findings. My community service.
 

Survivor_IN

LoanSafe Member
It appears my Judge does not want to recuse herself and no one has answers as to whom gets post judgment motions. She is making things difficult all around and everyone (civil suit desk) wants to pawn off to others or send me to the "foreclosure processing center" of the Commissioner office or the related file minions who rubber stamp the case.

Meanwhile, notice of appeal is filed.

How do I get the injunction order (stopping sale) while wrangling the appeal when she is the one still in charge? Do I set aside the appeal during this motion and come back after obtaining the emergency order? This is procedure for other motions. All these rules mix in criminal with civil matters and are very unclear. I think the set aside is appropriate but when searching for verifications, it appears I am doing advance class. This is not justice. I'm willing to follow the rules but don't have access to what rules I need in this situation.

Is anyone familiar with this? Not sure the point of the affidavit complaint going elsewhere on the recusal request unless the Judge appealed on the complaint.

I'm trying not to bankrupt as a means to buy time to complete this. Just wondering if that is the goal to ruin my credit another 8 years.
 

Survivor_IN

LoanSafe Member
Hello very dear isisis, I hope you are well after all this. In April 2024 it will be 15 years and I am still in the house but they filed and post the Notice of sale on my door a few days ago. The sale is set of March 19th and I don't know what will happen after.
My lawyer says we are out of options. My last attempt for modification got rejected and denied because they say based on the investor orders! there is not enough reduction in payment to be qualified.
They are amortizing me based on 14 years, off course the payments will be $11,000 plus.
The rate they are using is 7.75% and god knows how the arrived to $1.800.000 unpaid balance. My statement says 4.74 rate and another one says 7 percent and now this.
Do you think I can open a new lawsuit? My lawyer says no.
What do you think?
Hello Razmik! Maybe your attorney is worn out? I would get a second opinion. I don't know about all the different balances and rates given, but it does look suspicious. I suppose bankruptcy is an option for opening a new lawsuit. The Cali beast is its own thing. You may have better luck in a different forum like federal court. I think they are more likely to offer a reasonable modification when pressed.
 

moretrouble

LoanSafe Member
It appears my Judge does not want to recuse herself and no one has answers as to whom gets post judgment motions. She is making things difficult all around and everyone (civil suit desk) wants to pawn off to others or send me to the "foreclosure processing center" of the Commissioner office or the related file minions who rubber stamp the case.

Meanwhile, notice of appeal is filed.

How do I get the injunction order (stopping sale) while wrangling the appeal when she is the one still in charge? Do I set aside the appeal during this motion and come back after obtaining the emergency order? This is procedure for other motions. All these rules mix in criminal with civil matters and are very unclear. I think the set aside is appropriate but when searching for verifications, it appears I am doing advance class. This is not justice. I'm willing to follow the rules but don't have access to what rules I need in this situation.

Is anyone familiar with this? Not sure the point of the affidavit complaint going elsewhere on the recusal request unless the Judge appealed on the complaint.

I'm trying not to bankrupt as a means to buy time to complete this. Just wondering if that is the goal to ruin my credit another 8 years.
Do you have a foreclosure judgment against you? If so, is there a sheriff's sale scheduled? I waited till 2 days before the sale date to file chapter 13, others filed a tort case in the state court (or file a civil case in the federal court) and asked for a preliminary injunction to stop the sale. You may have to deposit some money. I know a pro se who files 4 times in the federal court. BK is properly the last resort. Remember to get a credit report before you file because your score will tank (damage claim). The other side may not do anything while an appeal is pending (that was my case for a while, years). It's up to NewRez. They are ruthless, if they can steal from you legally, they will try.
 

Survivor_IN

LoanSafe Member
I did request the injunction through regular court. However, I noticed opposing counsel (10 days out for hearing) even though its technically an emergency order. Yes, there is sale scheduled for March. It is my understanding that this appeal is not officially transferred to appeals until a deadline expires for other side to respond.
 

moretrouble

LoanSafe Member
Only chapter 13 or an injunction can top the sale. I would get the paperwork ready in case you heed to file. You can get chapter 13 docs ready rather quickly but a law suit either in the state or federal court asking for an injunction takes more time to prepare. A lot easier to stop the sale than to reverse a sale.
 

Survivor_IN

LoanSafe Member
I got my New-Rez statment. They're account says I owe around 150K more than the judgment. lol
What an attractive reinstatement proposal!!!
 
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