Bagels at a Bar Mitzvah

kraftykrab

LoanSafe Member
Jan 27, 2014
1,238
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Nice....can't wait to see where this one ends up. Very good friends of mine fell victim to the BofA disaster that is shown in that suit. They did end up taking a loan mod just to keep their house, but the payment went UP by nearly $200 a month for this "making home affordable" loan mod....on a fixed interest mortgage too, not an adjustable.
 

moretrouble

LoanSafe Member
Nov 14, 2009
1,498
270
83
Anyone who is in litigation with counterclaims, make sure you keep SOL in mind. My loan was fraudulently induced and I told them that I knew in 2010. BOfA waited 6 years to expire the SOL then filed the foreclosure suit in 2016, after 6 1/2 years. I wondered why my case dragged out so long for the opinion? 11 months. Now I know , I filed the motion for sanctions in Dec 2017, the judge waited till nov 2018 to rule, expired the fraud claim with sol of 2 years. Federal RICO has sol of 4 years, I have to go back to court docs to make sure I file before the sol expires. After much reading, I think after being bailed out by the trial court, then the court of appeals, I don’t think they would try to sell my house before the Rico’ sol. But you never know, sometimes these crooks act so stupidly. A judgement obtained by fraud can be voided in the Federal court as long as you don’t challenge the legal conclusions of the state court. One corrupt judge in the state court does not dictate the integrity of the federal court system.
 

kraftykrab

LoanSafe Member
Jan 27, 2014
1,238
164
63
Anyone who is in litigation with counterclaims, make sure you keep SOL in mind. My loan was fraudulently induced and I told them that I knew in 2010. BOfA waited 6 years to expire the SOL then filed the foreclosure suit in 2016, after 6 1/2 years. I wondered why my case dragged out so long for the opinion? 11 months. Now I know , I filed the motion for sanctions in Dec 2017, the judge waited till nov 2018 to rule, expired the fraud claim with sol of 2 years. Federal RICO has sol of 4 years, I have to go back to court docs to make sure I file before the sol expires. After much reading, I think after being bailed out by the trial court, then the court of appeals, I don’t think they would try to sell my house before the Rico’ sol. But you never know, sometimes these crooks act so stupidly. A judgement obtained by fraud can be voided in the Federal court as long as you don’t challenge the legal conclusions of the state court. One corrupt judge in the state court does not dictate the integrity of the federal court system.
Technically speaking, you should be able to challenge fraud in state court as well, though I honestly cannot remember ever seeing a case go the homeowner's way when they did. Fraud is supposed to be able to be challenged after the fact as well.
 

arrgy

LoanSafe Member
Apr 19, 2019
12
3
3
Ok Krafty, so you moved the goal posts once. I guess mayors and state officials aren't leaders? Or you weren't specific enough when you stated Federal Level Leaders, even though Democrats at the Federal Level including Pelosi, Booker, Harris, Bass, Clyburn, John Lewis (who at 80 with Stage IV Cancer visited protesters on the streets of DC) and others have all made public statements and came out in support of the protest and against the rioting and looters who aren't associated with the movement. But that's ok, lets watch you move the goal posts again...

So "Democrats are more concerned with milking the current events to help election chances" right, which is why news reports have noted that in the coming days: "House Democrats intend to go big in their coming legislation to tackle systemic racism and patterns of violence against African Americans — a package responding to the killing of an unarmed black man by Minneapolis police exactly two weeks ago. The legislation, while centered around criminal justice reform, will seek to address racial disparities well outside the realm of law enforcement, delving into issues as varied as health care, education and environmental justice." --AP.

If they were so concerned with milking this and just getting reelected, why would they bother to write a bill to send to the Senate and President to deal with this? Hmmmm.

As to Trump, travel restrictions? I live near the great city of Savannah, we have the second busiest shipping port on the East Coast, for weeks and months after his great travel restrictions Chinese cargo ships, with Chinese sailors on board kept on unloading their cargo not only in Savannah, but in New Orleans, Jacksonville, Brunswick, Charleston, etc. Did he stop some travel from China DIRECTLY to the US, sure, but he didn't stop travel from other countries that someone from China could easily connect to, including Europe, where most of the people who were infected from living on the east coast got it from.
Trump is a liar, he was a liar from the first day he entered office and proclaimed he had the largest inauguration attendance ever, to back in the 80s when he tried to evict for 20 years poor Ms. Coking from her house in Atlantic City. You know how his daddy got his money? He lied to the Federal Government, and bulked the government of millions of dollars in fraudulent loans and insurance claims.

But on to Covid. Where I live in South Carolina, we opened a couple of weeks ago, this past weekend, we have seen the largest increase in the number of diagnosed cases, the largest increase in hospitalizations and an increase in our death rate. Texas and Florida, which were so eager to open up, also this past weekend experienced sharp increases in infection rates. Cuomo changed his mind and began to open up NY when and only when the number of new cases began to drop, and if you actually look at the data from NY the number of new cases from April 21st to present has steadily decreased. Yesterday they had only 780 new cases which is the lowest since St Patricks Day. Cuomo did it correctly. NJ, PA mirrors NY. But not in SC..oh no, our trend is going up, more cases now then ever. Even Georgia, the first state to reopen and the state I work in, has not dropped its numbers like NY or NJ had. So the people in those states you better thank your governors, they actually did it right. Would you want to live somewhere that is experiencing its HIGHEST infection rates NOW??
 

kraftykrab

LoanSafe Member
Jan 27, 2014
1,238
164
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Ok Krafty, so you moved the goal posts once. I guess mayors and state officials aren't leaders? Or you weren't specific enough when you stated Federal Level Leaders, even though Democrats at the Federal Level including Pelosi, Booker, Harris, Bass, Clyburn, John Lewis (who at 80 with Stage IV Cancer visited protesters on the streets of DC) and others have all made public statements and came out in support of the protest and against the rioting and looters who aren't associated with the movement. But that's ok, lets watch you move the goal posts again...

So "Democrats are more concerned with milking the current events to help election chances" right, which is why news reports have noted that in the coming days: "House Democrats intend to go big in their coming legislation to tackle systemic racism and patterns of violence against African Americans — a package responding to the killing of an unarmed black man by Minneapolis police exactly two weeks ago. The legislation, while centered around criminal justice reform, will seek to address racial disparities well outside the realm of law enforcement, delving into issues as varied as health care, education and environmental justice." --AP.

If they were so concerned with milking this and just getting reelected, why would they bother to write a bill to send to the Senate and President to deal with this? Hmmmm.

As to Trump, travel restrictions? I live near the great city of Savannah, we have the second busiest shipping port on the East Coast, for weeks and months after his great travel restrictions Chinese cargo ships, with Chinese sailors on board kept on unloading their cargo not only in Savannah, but in New Orleans, Jacksonville, Brunswick, Charleston, etc. Did he stop some travel from China DIRECTLY to the US, sure, but he didn't stop travel from other countries that someone from China could easily connect to, including Europe, where most of the people who were infected from living on the east coast got it from.
Trump is a liar, he was a liar from the first day he entered office and proclaimed he had the largest inauguration attendance ever, to back in the 80s when he tried to evict for 20 years poor Ms. Coking from her house in Atlantic City. You know how his daddy got his money? He lied to the Federal Government, and bulked the government of millions of dollars in fraudulent loans and insurance claims.

But on to Covid. Where I live in South Carolina, we opened a couple of weeks ago, this past weekend, we have seen the largest increase in the number of diagnosed cases, the largest increase in hospitalizations and an increase in our death rate. Texas and Florida, which were so eager to open up, also this past weekend experienced sharp increases in infection rates. Cuomo changed his mind and began to open up NY when and only when the number of new cases began to drop, and if you actually look at the data from NY the number of new cases from April 21st to present has steadily decreased. Yesterday they had only 780 new cases which is the lowest since St Patricks Day. Cuomo did it correctly. NJ, PA mirrors NY. But not in SC..oh no, our trend is going up, more cases now then ever. Even Georgia, the first state to reopen and the state I work in, has not dropped its numbers like NY or NJ had. So the people in those states you better thank your governors, they actually did it right. Would you want to live somewhere that is experiencing its HIGHEST infection rates NOW??
Moved the goal posts??

hey man, it's not my fault that you cannot understand basic English. I did not post a single false thing. If I had, no doubt, you would have provided evidence to show it. But you didn't. So there's that.

And Trump did not ever get the travel restrictions he called for, genius. That was the point. He called for Congress to enact those because that's the job of Congress. Congress---the left---literally attacked him all over the place, pretending he was racist against the Chinese. so why do you keep seeing those Chinese ships? not because Trump did wrong--but because the liberals in Congress made it about attacking Trump and refused to take up his suggestion. The travel restrictions he called for were never enacted. Don't blame Trump for that...blame your leftist heroes, who exactly as I said, are more interested in attacking the sitting president than they are actually working for the American people.

And don't pretend to me that a bill means they care. THOUSANDS of black people die EVERY YEAR because they are killed by other black people. The single greatest threat to the life of a young black man today is another young black man. This is TRUTH. If BLM, the leftists in office, and so on, actually cared about black lives, they would actually work to solve that problem....fewer than 200 unarmed black men were killed by police last year. THOUSANDS were killed by other black people. Actually try thinking on your own for once, please.

And I'm within an hour of NOLA, which happens to have had one of the highest infection rates, thanks. You're trying to educate me on what I see and live every damn day. Better luck next time.
 

arrgy

LoanSafe Member
Apr 19, 2019
12
3
3
Moved the goal posts??

hey man, it's not my fault that you cannot understand basic English. I did not post a single false thing. If I had, no doubt, you would have provided evidence to show it. But you didn't. So there's that.

And Trump did not ever get the travel restrictions he called for, genius. That was the point. He called for Congress to enact those because that's the job of Congress. Congress---the left---literally attacked him all over the place, pretending he was racist against the Chinese. so why do you keep seeing those Chinese ships? not because Trump did wrong--but because the liberals in Congress made it about attacking Trump and refused to take up his suggestion. The travel restrictions he called for were never enacted. Don't blame Trump for that...blame your leftist heroes, who exactly as I said, are more interested in attacking the sitting president than they are actually working for the American people.

And don't pretend to me that a bill means they care. THOUSANDS of black people die EVERY YEAR because they are killed by other black people. The single greatest threat to the life of a young black man today is another young black man. This is TRUTH. If BLM, the leftists in office, and so on, actually cared about black lives, they would actually work to solve that problem....fewer than 200 unarmed black men were killed by police last year. THOUSANDS were killed by other black people. Actually try thinking on your own for once, please.

And I'm within an hour of NOLA, which happens to have had one of the highest infection rates, thanks. You're trying to educate me on what I see and live every damn day. Better luck next time.
Now we move the goal posts again...all of the sudden, its black male on black male crime, and an attack on my English skills. Ok, homicide is the number one killer of young black males yes (Now what that has ANYTHING to do with criminal justice reform and making sure that some cop (white or black) doesn't use excessive force against a citizen (white or black) I have no idea, but somehow you think they are related), but we don't know how many homicides were committed by blacks on blacks, but go ahead and throw a number out there. What about black women? or do they not count, because they are a double minority..black and female. A 2019 Rutgers study found that police violence is the 6th leading cause of death for black males, 100 of every 100,000 will die at the hands of a cop..and only 39 white males will, that is a 2.5 times difference.
You haven't read the proposed bill from the house (unless you did in like a minute) and you have already made up your mind, that this bill (which hasn't even been written yet) doesn't mean they care at all. Ok, so you already decided without reading it, and knowing what is in it, that it is a token gesture and means nothing. Fine. I'm done responding to you. Just throw as much crap as you want against the wall and see how much of it sticks.

Oh and as to Trump, not one major Democrat leader called him a racist, two members of Congress did, but not their leaders. Trump claimed to. Trump never said he put in a travel ban? That's not what he told his supporters in Scranton.


That's not what he told the Fox audience and Sean Hannity


Oh and whatever it is you want to call it that Trump did or wanted to do (remember you are moving those goal posts again) by the time he wanted to do it, it was already too late. There were already had 300,000 people who could have been infected in the US from China directly in Dec-January.
 

just_me

LoanSafe Member
Sep 14, 2015
643
63
28
For those who did not prevail in state courts because of document frauds.


"If a federal plaintiff asserts as a legal wrong an allegedly erroneous decision by a state court, and seeks
relief from a state court judgment based on that decision, Rooker-Feldman bars subject matter
jurisdiction in federal district court. If, on the other hand, a federal plaintiff asserts as a legal wrong an
allegedly illegal act or omission by an adverse party, Rooker-Feldman does not bar jurisdiction. If there
is simultaneously pending federal and state court litigation between the two parties dealing with the
same or related issues, the federal district court in some circumstances may abstain or stay proceedings;
or if there has been state court litigation that has already gone to judgment, the federal suit may be
claim-[or issue-]precluded under [28 U.S.C.] § 1738. But in neither of these circumstances doesF
Rooker-Feldman bar jurisdiction."

KOUGASIAN v. TMSL INC
Intrinsic and extrinsic fraud is covered in Federal Rule 60.


Most states have something similar (mine does) but a cursory look at your specific State shows this particular rule isn't adopted in similar fashion. I could use a State Ct CR 60 motion on this but yours is limited to Federal.
 
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just_me

LoanSafe Member
Sep 14, 2015
643
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Anyone who is in litigation with counterclaims, make sure you keep SOL in mind.
You can use the tolling clause. For example, if the 2 months of inactivity from the court (due to the 'rona) causes an SOL to expire, I could request that these 2 months not be counted. This might matter in your case where it was delayed for a year where the transcripts' production were the actual case of the delay. Plus, the time to get the ruling was x months. My initial response was broad and that allowed me to cover certain things that came out later. Given opposing counsel had delayed beyond the SOL to amend, they can hardly stop me from doing same.
 

kraftykrab

LoanSafe Member
Jan 27, 2014
1,238
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Now we move the goal posts again...all of the sudden, its black male on black male crime, and an attack on my English skills. Ok, homicide is the number one killer of young black males yes (Now what that has ANYTHING to do with criminal justice reform and making sure that some cop (white or black) doesn't use excessive force against a citizen (white or black) I have no idea, but somehow you think they are related), but we don't know how many homicides were committed by blacks on blacks, but go ahead and throw a number out there. What about black women? or do they not count, because they are a double minority..black and female. A 2019 Rutgers study found that police violence is the 6th leading cause of death for black males, 100 of every 100,000 will die at the hands of a cop..and only 39 white males will, that is a 2.5 times difference.
You haven't read the proposed bill from the house (unless you did in like a minute) and you have already made up your mind, that this bill (which hasn't even been written yet) doesn't mean they care at all. Ok, so you already decided without reading it, and knowing what is in it, that it is a token gesture and means nothing. Fine. I'm done responding to you. Just throw as much crap as you want against the wall and see how much of it sticks.

Oh and as to Trump, not one major Democrat leader called him a racist, two members of Congress did, but not their leaders. Trump claimed to. Trump never said he put in a travel ban? That's not what he told his supporters in Scranton.


That's not what he told the Fox audience and Sean Hannity


Oh and whatever it is you want to call it that Trump did or wanted to do (remember you are moving those goal posts again) by the time he wanted to do it, it was already too late. There were already had 300,000 people who could have been infected in the US from China directly in Dec-January.
Oh here we go again....you twist more stuff, I tell ya.

First, your comment about homicide is just ignorant, but then that seems to be your forte.

Second, we do have stats. You're not gonna like them, but facts don't care about your feelings.

In 2018, 2,925 black people were victims of homicide. Of those, 2,600 were killed by another black person. That's 89%.


In the same year, police killed a total of 1,165 people in America. Of those, 311 were black people.

So, you can dismiss homicides that don't involve police all you like. TRUTH TIME--which poses the bigger threat to a black person today? The cops, who killed 311 black people that year? Or other black people, who killed literally 8 times as many black people as cops did?

thanks for playing.

Also, stop using population based rates for this topic, they are grossly inaccurate. Example, what does it matter how many people of a given race are in the population when many of them have zero encounters with police? And again, how can you use the population percentage when many people of both races have multiple encounters with police? You have no chance of being killed by a cop if you never have an encounter with one. Also, you have multiple chances to get killed by a cop if you had 5 run-ins with police that year. Using a straight percentage of the population is useless in this. You should be looking to find the total number of encounters with police by race. Then, you should compare those figures. It's not the total population. The reason why should be blatantly obvious to you.

Next, Trump. Where in my earlier post did you ever see me claim that Trump never said this, or Trump never said that? Oh, wait, I didn't....and this is just you moving the goalposts---the same thing you pretend I did? LOL. I NEVER claimed Trump never said whatever. Never. I told you what he called for---and that was truth. Your claim that it was already too late is pointless because the world had not even begun hearing of this virus until what--December? At the time Trump called for a travel ban, even the WHO was telling the world that such restrictions were not necessary....that it was only a regional concern within China. And then, your same leftist heroes who pretended Trump was a racist, a xenophobe, and a fear monger in January were the same ones who, a few months later, criticized him for not acting soon enough. At the start, they claimed he was too soon....then, they claimed he was not soon enough....y'all are so twisted, you can't make up your own mind.

Now, on to the democrat leaders you claim never attacked Trump over his call for a travel ban. Which, by the way, was an AIR travel ban....which might also explain why it had no impact on the SHIPS you mentioned earlier. But hey, you got it all right, I'm sure....lol

Biden, a senator and candidate at the time for president, called Trump a xenophobe because of it:

Pelosi called Trump's move "discrimination"...and she's only the speaker of the House, so yeah, that's not a leader by any stretch, right?

Elizabeth Warren, another senator and another candidate for president, called it his "racist, xenophobic Muslim Ban".

Bernie Sanders, another senator and candidate for president, called the travel ban a "racist travel policy that dehumanizes immigrants and their families for his own political purposes. "

Biden doubled down the very same day, and tweeted, "This new “African Ban,” is designed to make it harder for black and brown people to immigrate to the United States. " He lied, pretending that Trump was specifically targeting "black and brown" people. That's a race accusation all damn day long.

Source for those four democrat leaders--all members of Congress, three of them trying to become the next president and one is speaker of the House:


So, you're wrong on the number of democrats who pulled this crap, wrong on their status as leaders, and wrong on basically everything else too. And that's just a sample. The leftist media did the same things. Here's more about Pelosi's statements:


Pelosi then talked about the "No Ban Act", which by the way was introduced in the House and sponsored by literally 219 House Democrats. But you're right...only two members of Congress--junior ones at that--shared any such sentiment about the president. Good call, liar. lol

We're done here. You have shown yourself to be dishonest and manipulative with my posts, and I'm not gonna waste another moment on that crap. This thread has been pulled off track further than it should have been and that's that. Best of luck to you.
 

kraftykrab

LoanSafe Member
Jan 27, 2014
1,238
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You can use the tolling clause. For example, if the 2 months of inactivity from the court (due to the 'rona) causes an SOL to expire, I could request that these 2 months not be counted. This might matter in your case where it was delayed for a year where the transcripts' production were the actual case of the delay. Plus, the time to get the ruling was x months. My initial response was broad and that allowed me to cover certain things that came out later. Given opposing counsel had delayed beyond the SOL to amend, they can hardly stop me from doing same.
The trick there is to be able to show that the delay was outside of your control. If you can do that, you stand a good chance IMO of them allowing it. They had to make a special RCP code down here for Hurricane Katrina, because it shut down the courts for a time, for just that purpose. Same thing.
 

moretrouble

LoanSafe Member
Nov 14, 2009
1,498
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83
I checked a few cases on PACER on homeowners who lost in the state courts and subsequently filed a Federal cases, most of them are still in the home. I am thinking about "theft by deception" will make them think twice about selling your house (they will say in the MOD we have not taken the house). I only counterclaimed with one statue violation against 1 plaintiff so I still have at least 3 more alleged violations + RICO plus adding 3 more defendants. I think I am in good to defeat res judicata. Hopefully, the federal judges understand securitization better than the state judges.
 

just_me

LoanSafe Member
Sep 14, 2015
643
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28
Good thinking MT.

I'm using State law. It confuses them cause they from outta town. ;) It appears Lenders have a preference for Fed Courts so they can get help easier. I've been teamed up on several times already.
 
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OneHugeMess

LoanSafe Member
May 30, 2016
589
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Well, this is interesting. Apparently, this letter that was sent to me -- is not a "Acceleration" or even an "Intent to Accelerate" but a "warning" letter, or "late payment notice". That verbiage about "Failure to bring your loan current or to enter into a written agreement by October 21, 2008 as outlined above will result in the acceleration of your debt." -- apparently doesn't matter.

Am I living in a different world? Can you guys see it too?



Dear __________,

Countrywide Home Loans Servicing LP (hereinafter "Countrywide") services the home loan described above on behalf of the
holder of the promissory note (the "Noteholder"). The loan is in serious default because the required payments have not
been made. The total amount now required to reinstate the loan as of this letter is as follows:

Past Due Monthly Charges: As of 09/01/2008 $________
Late Charges: As of 09/01/2008 $________

Other Charges: Uncollected Late Charges: $_________
Uncollected Costs: $_________
Partial Payment Balanace: $_________

Total Due: $7,962.26




You have the right to cure the default. To cure the default, on or before October 21, 2008, Countrywide must receive the
amount of $7,962.26 plus any additional regular monthly payment or payments, late charges, fees and charges, which become due on or before October 21, 2008.


The default will not be considered cured unless Countrywide receives "good funds' in the amount of $7,962.26 on or before October 21, 2008. If any check (or other payment) is returned to us for insufficient funds or for any other reason, "good
funds" will not have been received and the default will not have been cured. No extension of time to cure will be granted due to a returned payment. Countrywide reserves the right to accept or reject a partial payment of the total amount due without waiving any of its rights herein or otherwise.

For example, if less than the full amount that is due is sent to us, we can keep the payment and apply it to the debt but still proceed to foreclosure since the default would not have been cured. If the default is not cured on or before October 21, 2008, the mortgage payments will be accelerated with the full amount remaining accelerated and becoming due and payable in full, and foreclosure proceedings will be initiated at that time. As such, the failure to cure the default may result in the foreclosure and sale of your property.

If your property is foreclosed upon, the Noteholder may pursue a deficiency judgment against you to collect the balance of your loan, if permitted by law.

You may, if required by law or your loan documents, have the right to cure the default after the acceleration of the mortgage
payments and prior to the foreclosure sale of your property if all amounts past due are paid within the time permitted by law.

However, Countrywide and the Noteholder shall be entitled to collect all fees and costs incurred by Countrywide and the
Noteholder in pursuing any of their remedies, including but not limited to reasonable attornies fees, to the full extent permitted by law. Further, you may have the right to bring a court action to assert the non-existence of a default or any other defense you may have to acceleration and foreclosure.

Your loan is in default. Pursuant to your loan documents Countrywide may, enter upon and conduct an inspection of your
property. The purposes of such an inspection are to (i) observe the physical condition of your property, (ii) verify that the property is occupied and/or (iii) determine the identity of the occupant. If you do not cure the default prior to the inspection, other actions to protect the mortgagee's interest in the property (including, but not limited to, winterization, securing the property, and valuation services) may be taken. The costs of the above-described inspections and property preservation efforts will be charged to your account as provided In your security instrument.

Finally, please be advised that you have the right to have Countrywide's enforcement of its Security Instrument discontinued and to have the Note and Security Instrument remain fully effective as if immediate payment in full had never been required if the following conditions are met: (1) Countrywide receives the full amount that they would be due under the Security Instrument and the Note as if immediate payment in full had never been required, and (2) any failure to keep any and all other promises or agreements made in the Security Instrument, if applicable, is corrected, and (3) all of Countrywide's reasonable expenses in enforcing the Security Instrument including, for example, reasonable attorney's fees repaid, and (4) any and everything will be done that Countrywide reasonably required to assure that Countrywide's rights in your property, Countrywide's rights under the Security Instrument, and all obligations under the Note and under the Security Instrument continue unchanged.

If you are unable to cure the default on or before October 21, 2008, Countrywide wants you to be aware of various options that may be available to you through Countrywide to prevent a foreclosure sale of your property.

For example:
• Repayment Plan: It is possible that you may be eligible for some form of payment assistance through Countrywide. Our basic plan requires that Countrywide receive, up front, at least ½ of the amount necessary to bring the account current, and that the balance of the overdue amount be paid, along with the regular monthly payment, over a defined period of time.

Other repayment plans also are available.

• Loan Modification: Or, it is possible that the regular monthly payments can be lowered through a modification of the loan by reducing the interest rate and then adding the delinquent payments to the current loan balance. This foreclosure alternative, however, is limited to certain loan types.

• Sale of Your Property: Or, if you are willing to sell your home in order to avoid foreclosure, it is possible that the sale
of your home can be approved through Countrywide even if your home is worth less than what is owed on it.

• Deed-in-Lieu: Or, if your property is free from other liens or encumbrances, and if the default is due to a serious
financial hardship which is beyond your control, you may be eligible to deed your property directly to the Noteholder
and avoid the foreclosure sale.


If you are interested in discussing any of these foreclosure alternatives with Countrywide, you must contact us immediately.

If you request assistance, Countrywide will need to evaluate whether that assistance will be extended to you. in the meantime, Countrywide will pursue all of its rights and remedies under the loan documents and as permitted by law, unless it agrees otherwise in writing. Failure to bring your loan current or to enter into a written agreement by October 21, 2008 as outlined above will result in the acceleration of your debt. Time is of the essence.

Should you have any questions concerning this notice,
please contact the Loan Counseling Center Immediately at 1-800-669-6654.

Sincerely,
Loan Counseling Center
 

moretrouble

LoanSafe Member
Nov 14, 2009
1,498
270
83
Well, this is interesting. Apparently, this letter that was sent to me -- is not a "Acceleration" or even an "Intent to Accelerate" but a "warning" letter, or "late payment notice". That verbiage about "Failure to bring your loan current or to enter into a written agreement by October 21, 2008 as outlined above will result in the acceleration of your debt." -- apparently doesn't matter.

Am I living in a different world? Can you guys see it too?



Dear __________,

Countrywide Home Loans Servicing LP (hereinafter "Countrywide") services the home loan described above on behalf of the
holder of the promissory note (the "Noteholder"). The loan is in serious default because the required payments have not
been made. The total amount now required to reinstate the loan as of this letter is as follows:

Past Due Monthly Charges: As of 09/01/2008 $________
Late Charges: As of 09/01/2008 $________

Other Charges: Uncollected Late Charges: $_________
Uncollected Costs: $_________
Partial Payment Balanace: $_________

Total Due: $7,962.26




You have the right to cure the default. To cure the default, on or before October 21, 2008, Countrywide must receive the
amount of $7,962.26 plus any additional regular monthly payment or payments, late charges, fees and charges, which become due on or before October 21, 2008.


The default will not be considered cured unless Countrywide receives "good funds' in the amount of $7,962.26 on or before October 21, 2008. If any check (or other payment) is returned to us for insufficient funds or for any other reason, "good
funds" will not have been received and the default will not have been cured. No extension of time to cure will be granted due to a returned payment. Countrywide reserves the right to accept or reject a partial payment of the total amount due without waiving any of its rights herein or otherwise.

For example, if less than the full amount that is due is sent to us, we can keep the payment and apply it to the debt but still proceed to foreclosure since the default would not have been cured. If the default is not cured on or before October 21, 2008, the mortgage payments will be accelerated with the full amount remaining accelerated and becoming due and payable in full, and foreclosure proceedings will be initiated at that time. As such, the failure to cure the default may result in the foreclosure and sale of your property.

If your property is foreclosed upon, the Noteholder may pursue a deficiency judgment against you to collect the balance of your loan, if permitted by law.

You may, if required by law or your loan documents, have the right to cure the default after the acceleration of the mortgage
payments and prior to the foreclosure sale of your property if all amounts past due are paid within the time permitted by law.

However, Countrywide and the Noteholder shall be entitled to collect all fees and costs incurred by Countrywide and the
Noteholder in pursuing any of their remedies, including but not limited to reasonable attornies fees, to the full extent permitted by law. Further, you may have the right to bring a court action to assert the non-existence of a default or any other defense you may have to acceleration and foreclosure.

Your loan is in default. Pursuant to your loan documents Countrywide may, enter upon and conduct an inspection of your
property. The purposes of such an inspection are to (i) observe the physical condition of your property, (ii) verify that the property is occupied and/or (iii) determine the identity of the occupant. If you do not cure the default prior to the inspection, other actions to protect the mortgagee's interest in the property (including, but not limited to, winterization, securing the property, and valuation services) may be taken. The costs of the above-described inspections and property preservation efforts will be charged to your account as provided In your security instrument.

Finally, please be advised that you have the right to have Countrywide's enforcement of its Security Instrument discontinued and to have the Note and Security Instrument remain fully effective as if immediate payment in full had never been required if the following conditions are met: (1) Countrywide receives the full amount that they would be due under the Security Instrument and the Note as if immediate payment in full had never been required, and (2) any failure to keep any and all other promises or agreements made in the Security Instrument, if applicable, is corrected, and (3) all of Countrywide's reasonable expenses in enforcing the Security Instrument including, for example, reasonable attorney's fees repaid, and (4) any and everything will be done that Countrywide reasonably required to assure that Countrywide's rights in your property, Countrywide's rights under the Security Instrument, and all obligations under the Note and under the Security Instrument continue unchanged.

If you are unable to cure the default on or before October 21, 2008, Countrywide wants you to be aware of various options that may be available to you through Countrywide to prevent a foreclosure sale of your property.

For example:
• Repayment Plan: It is possible that you may be eligible for some form of payment assistance through Countrywide. Our basic plan requires that Countrywide receive, up front, at least ½ of the amount necessary to bring the account current, and that the balance of the overdue amount be paid, along with the regular monthly payment, over a defined period of time.

Other repayment plans also are available.

• Loan Modification: Or, it is possible that the regular monthly payments can be lowered through a modification of the loan by reducing the interest rate and then adding the delinquent payments to the current loan balance. This foreclosure alternative, however, is limited to certain loan types.

• Sale of Your Property: Or, if you are willing to sell your home in order to avoid foreclosure, it is possible that the sale
of your home can be approved through Countrywide even if your home is worth less than what is owed on it.

• Deed-in-Lieu: Or, if your property is free from other liens or encumbrances, and if the default is due to a serious
financial hardship which is beyond your control, you may be eligible to deed your property directly to the Noteholder
and avoid the foreclosure sale.


If you are interested in discussing any of these foreclosure alternatives with Countrywide, you must contact us immediately.

If you request assistance, Countrywide will need to evaluate whether that assistance will be extended to you. in the meantime, Countrywide will pursue all of its rights and remedies under the loan documents and as permitted by law, unless it agrees otherwise in writing. Failure to bring your loan current or to enter into a written agreement by October 21, 2008 as outlined above will result in the acceleration of your debt. Time is of the essence.

Should you have any questions concerning this notice,
please contact the Loan Counseling Center Immediately at 1-800-669-6654.

Sincerely,
Loan Counseling Center
I got the same letter 7 years ago except Bank of America name in place of Countrywide.
 
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moretrouble

LoanSafe Member
Nov 14, 2009
1,498
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In similarity with “Black lives matter” we should protest with “Homeowners’ houses matter”. Not just to be converted into bonds to rip-off unsuspecting investors.
 

moretrouble

LoanSafe Member
Nov 14, 2009
1,498
270
83
New book from livinglies:
 

isisis

LoanSafe Member
Jun 22, 2010
1,810
254
83
North bay
Well they're we have it. Proof that Pelosi et all are trolling Bagels for campaign strategy. Krafty, there's your response to democrats not saying anything.


I'll be honest. The first word that came to mind when I saw Pelosi and crew kneeling for nine minutes in full cultural appropriation regalia was pandering. But then I stopped to remind myself I never signed anything promising to be jaded all the time. Kneeling is a posture too rife with historical symbolism not to be powerful. It signifies concession, penitence, a plea, a willingness to compromise, adoration, atonement and a prayer among other things. More generally it signifies humility in the face of something greater than yourself. Genuflection is a gesture of the deepest respect.

Kaepernick used the poignant stance as protest and it was interrupted as a sort of arrogance which was ironic but it caught on due to the "arrogance" of bowing to something more powerful than our society's perception of equality. So hats off to the democrats and Mitt Romney as well for marching with the protesters! And the policemen too who took a knee. Now let's see if it engenders positive change.

BTW, cultural appropriation is a good thing you silly PC types. It's one of the ways society grows and strengthens with our diversity
 

just_me

LoanSafe Member
Sep 14, 2015
643
63
28
OHM/MT

I got the same 2008 letter but they reversed payments to make it true.

I call it the 6 week default.

Also, they were informed I was refinancing when this happened.
 
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wanda robo

LoanSafe Member
Sep 29, 2012
3,948
639
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NJ
I've always said God had an unusual sense of humor. I guess it's just his way of teaching......

I've spent all of my time working from home & quite frankly being overwhelmed by all of the papers gathering on my dining room table. I bought a mesh filing cabinet (light weight) & filed all the crap that was gathering. I went a step further & threw away all the foreclosure clutter, all the HUD DASP lawsuit clutter. Low & behold I get an email from OMB, from a year & and half aged FOIA request. I am now awaiting 244 pages from the Fed's (they're withholding 6 pages). A little too late, I'm afraid. I requested this info 1 1/2 YEARS ago.

I still feel pain, I want you all to know this. It seems, to me, it's never over. It just goes on and on like the "Energizer Bunny".
 

moretrouble

LoanSafe Member
Nov 14, 2009
1,498
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Got in touch with another pro se , been fighting BOfA then Bayview. Bayview started non-judicial in 2016, he filed a federal case against the trustee BAnk of N.Y. and Bayview but the suit got dismissed. He lost but even with judgement BONY did not go thru with sale. My guess is the institutional investors and FDIC started sueing BONY for trustee misconduct in 2016, so BONY put a stop to servicer using its name as trustee. Based on this info, I think even with the judgement from the state court, these guys may not proceed with sale on me. Anyway, I ‘ve unfair trade practice, fdcpa, unconscionable debt collection tactics, (attempted) theft by deception, RICO, (let me look up some more...) ready to file against all defendants.
There were tons of foreclosure suits in the name of BONY In Oregon filed before 2017, but only 5 in 2017, 3 in 2018, 2 in 2019, and zero in2020. The fraud was exposed.