Bagels at a Bar Mitzvah

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Annie Mac

LoanSafe Member
Aug 19, 2011
598
84
28
Oregon
Thank you kk, for passing this along. In a world which must appear completely thick with smoke, blackened and charred, that is miraculous. I am so glad things have lined up this way for her.
 
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isisis

LoanSafe Member
Jun 22, 2010
1,821
254
83
North bay
Thank you, Annie Mac, your thoughts and advice are well taken and appreciated. What a harrowing memory that must be for you. At the same time you didn't freeze up and had the wherewithal to get your children out safely so it's something you should be proud of.

Given the carnage resulting from the wildfires in the past few years California has certainly gained incredible respect for fire, we're in fact terrified. Unfortunately, this isn't the best state of mind in which to safeguard the populace. The County often responds with inaccurate and alarming rhetoric ordering us to evacuate when in fact no "imminent" danger exists. We're placed at greater risk by having to make a judgment call ourselves. Crying wolf is not a good emergency protection policy.

Yes, panic plays havoc with the ability to think clearly and the tendency is to run but it's not always the safest choice. I received the mandatory evacuation order and once the initial panic subsided analyzed the situation. Those items ready at my front door were moved to the truck and all the cats were placed in one bedroom along with their carriers. I figured the time it would take to load up half a dozen unaccommodating felines at approximately 20 minutes. With another ten minutes to load them, two dogs, and a parrot into the truck it would take half an hour to exit. From there it's less than half a mile to the freeway.

The problem with following the legally enforceable mandatory order is that it could mean subjecting my animals to as much as a week of sweltering in crates in the back of a truck in 90 degree weather.

I'm in the vineyards of Sonoma County, not the hills, and have a good enough vantage point of the fires' locations on the horizon to make semi-informed decisions. For better or worse I always question authority. We went through this last year and know from experience that the state mandates evacuations as much for their own safety as ours. They put a couple of hundred-thousand people on the street needlessly last year who then lived in their cars in a parking lot for a week rather than doing their job and fighting the fire at the beginning rather than letting it grow until lives were endangered.

I spent the next spine-tingling 24 hours watching the horizon for a smoke and checking wind direction while remaining prepared to quickly evacuate if danger was in fact imminent. Then finally received another emergency text stating my area had been downgraded from a mandatory evacuation zone to just a warning. The only way to describe that feeling is to say it's a lot like seeing your home taken off the sale list at the last minute.

The elation was short lived with the helicopters flying through the smokey skies to drop water loads on spot fires, my sorrow that people I've known for thirty years would be going back to burnt wood and ashes and fire season has only just begun.

The firefighters did a miraculous job once they were given the workforce and required equipment and we're grateful to them. But Northern California is being devastated once again by wildfires out of control. A fire thousands of acres in size doesn't just spring into existence, it starts small. Just like last year we watched a fire far from town gradually grow over the course of days until the town was endangered before it was brought under control. In this case, even greater damage was done because fire fighting, evacuations, and social distancing don't mix and the virus is having a field day.
 
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wanda robo

LoanSafe Member
Sep 29, 2012
3,954
640
113
NJ
kk, please keep you & yours safe tonight. Keep the dog & kids close by. It looks like you're in for quiet a storm. Stay safe, my friend.God's Speed.
 
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Annie Mac

LoanSafe Member
Aug 19, 2011
598
84
28
Oregon
We all have apparently signed up for a training program, and the details were not really explained in full at the outset. For some, the experience of defending our homes against rabid attorneys, paid-off judges, corrupt bank monkeys, has prepared us for this time of evacuations, earth changes, Covid, earthquakes, floods, hurricanes and firestorms. Others, like myself, had to experience the loss of a home, as training to do the defense of my home against all those shady characters. We have all had to re-evaluate belief systems that no longer make sense, our concepts of justice, re-sort what we value in life, how we define a quality life, or even what we define a home to be and why. The sequence has varied for all of us. For some, the alarm bell of selling the house, or going back to court over and over has taken precedence. This is some grand, crazy design to help us learn all the things which are coming out of this. I wonder what the outcome will be at the end of the training program.
 

moretrouble

LoanSafe Member
Nov 14, 2009
1,514
273
83
With all the natural disasters (fires, storms, Covid) happening every year, the return of fighting the man-made disaster the crooks caused is diminishing every year. As all of us growing older, I often wonder do I really want to spend the rest of my years rotting in the house paying taxes, utilities, maintenance, repair? Am I going to take this house with me? My pension is a little over $900 a month while my two ex-state employee acquaintances are collecting over $6000 month plus social securities. Do I really want to subsidize their (and the corrupted judges' retirement)? With those thoughts in mind, I bought an old van two years ago and slowly converted it into a camper van. It's now ready and I can be free in a couple hours.

Anyway, back to the task at hand. After my motion for reconsideration was denied, I contacted a couple attorneys about writing a petition to the SC for me. They both wanted no part of it. By re-reading my motion, I can see clearly why: I don't blame them, I would not do it either. The risk of pissing off the courts is too high for a couple thousand bucks. Guess have to piss them off myself. Stay safe and well everybody. Nothing is worth more than your health.
 

isisis

LoanSafe Member
Jun 22, 2010
1,821
254
83
North bay
My first thought is that I hope you're going after them with more than just FDPCA. That violates BK laws too, and depending on how they are trying to collect--their efforts, I mean--it could violate other laws too.

My second thought is I'd love to hear the reasoning your attorney is using to try to convince you to settle. We need to remember, and I learned this thoroughly when trying to secure representation, attorneys are part of the same club. I had attorneys even admit to me that what I had was indeed solid evidence of fraud, among other things. But none of them would take on those issues on my behalf. One even told me that the reason why she, and no other lawyers as well, would take up my claims is because they all have to work with the attorneys and judges who had committed the fraud in other cases....so if they fought my claims for me, they would damage their ability to work with those other lawyers and judges in the future.

If you look at the actual laws, there is no license to practice law. There's a bar card, which is membership in an exclusive club to which us mere mortals are outsiders. They use the system as they choose to. It's not about you or me...it never was. And these dishonest lawyers act the way they do because they know that most of the time they will get away with it. The system is biased in their favor, and they know it. I filed a motion for sanctions, with the attorney even admitting in open court that she had private conversations with the judge's staff about my motions and filings...and the new judge denied my motion without so much as a thought. When I filed to recuse the judge, she responded by claiming she did nothing wrong. Even though it was shown and admitted that these private conversations took place, she claimed that all of her actions were permitted under the code of conduct. The system is not for us, it's for them. Every once in a blue moon, the courts are faced with a case where the wrongdoing is so bad that they have to take some action. But the every day cases are where the real tragedy is.

Still in a holding pattern on our end, thanks to COVID-19. Still waiting for a response on motion to compel, which I suspect will be that way until this is over because the court needs to set a date for a hearing on that.

Here's a different development too though...

Do any of you have an assignment of mortgage/DOT where the assignment assigns the mortgage or DOT, "together with the note"? I do. That's a legal impossibility. The UCC is law in every state, and under the UCC, Section 3, a promissory note is a negotiable instrument that MUST be transferred via negotiation and consideration MUST be present. The transfer is only valid if the buyer paid something of value for the note. In my case, there's no attempt even to claim that they exchanged value. Without that, the transfer is NOT valid under law. They have played so many games in my case about the note it's not funny. First, they used a copy of a note, where our state laws require the original be provided. Second, they knew it was lost, but did not inform the court or us for years. They waited more than 5 years after the discovery that the note was lost to make any attempt to do something about it, even though the law here requires action "within a reasonable time". And then, the assignment issue too. So, I am doing a few things at once. Still have the MTC. Filing additional discovery requests as well. Contemplating a MTD based on the flaws that have existed this whole time.....by law they are not supposed to be able to use intentionally false pleadings as a place holder for the procedurally correct stuff.
Krafty,

Hope you're hanging In there, my dude!

In my research, I read hundreds of assignments from various states and it's common, though not the rule to include the verbiage where they slip the note in almost as an afterthought with the mortgage. Though it's been a while since I studied it I think the workaround for the clear impossibility of a negotiable instrument being transferred by assignment has to do with changes conveniently created in UCC 9 to streamline the securitization shell game. From the perspective of semantics or logic, their argument might be the mortgage assignment didn't affect the transfer of interest in the note but is being memorialized by reference. In other words they might imply or assert that the actual negotiation of the note took place took place separately and in the appropriate manner. They often do the same thing about the assignment in which case you want to look for the word "executed" and see how the date differs from the recording date.

Did you notice whether the assignment is within the statute of frauds? Many times they aren't, not that anyone calls them on it but technically if not within the SOF the assignment is not enforceable. Corbin and Williston reference that requirement in their writings.

While it's state-specific generally the requirement is that it must be signed by the party to be charged. In our case, that means the beneficiary. It can be signed by an agent but the name of the beneficiary must be mentioned somewhere in the document.
 

OneHugeMess

LoanSafe Member
May 30, 2016
599
53
28
I was going to send this privately to Wanda, but I'm going to post it publically. There is something really wrong, in my opinion, with our current real estate market.

I remember 2007 and 2008, very vividly. I was living in South FL at the time, and I remember that in late 2006, everything started to "cool" off -- and prices stopped growing to the sky. People were no longer camping outside overnight to get their pick of lots, construction was starting to slow down, and you could just tell, everything was slowing. I think this had to do with Interest Rates rising, at the time.

In 2007, that spring, I remember a neighbor of mine talking about how she basically had to give away her condo. I wasn't too surprised, but I was amazed that 20+ people had not come to tour the home. She only received one offer, and had only seen six showings over two months.

Then later that summer -- around May, everyone and their brother seemed to have their home listed. You could drive through subdivisions that had been built a year or two ago, and find houses (some four in a row) all with a FOR SALE sign. The urgency to buy a home was gone, and builders were clearly desperate to sell their inventory of homes. Price Reductions begin to get very dramatic.

Here is the thing though. Prices were down maybe about 10% - 12% in some cases. People thought it was a "good" time to buy, the "dip" in prices. They thought the worst was over. Truthfully, no one knew how many homes were going to be dumped onto the market as foreclosures.

In 2008, through the spring... people seemed to be completely oblivious to what was happening. I remember people were still doing major home renovations, buying new homes, and still trying to sell their homes for top dollar. In mid-2008, it seemed to finally get through to people that the tide had changed. Things were beginning to look bleak.

Today... we seem to be in another inverse/weird situation. People are over-stretching themselves and jumping into bidding wars in some areas to buy homes. In a way, it's reminiscent of 2004/2005, when people were jumping into Interest-Only and you'd aggressively make an offer on a new condo. People are acting as if they don't buy a home now, they will NEVER get one. It's bizarre, in my opinion.

But... at the same time, this is all happening. You have millions of people who are behind in Mortgage Payments. Foreclosures & Shadow Inventory for an entire year has basically been swept under the rug and will come out of the woodwork next year. We are not even including people falling out of forbearance, or who haven't had their foreclosure cases filed against them. We are just talking about people who already had a sale scheduled or a final judgment issued. When you combine all three, it gets very nasty.

Some of the people buying a home right now, may not even have a job next year. There a lot of people who purchased a home within the last year with an FHA Loan, and have already lost their job, and fallen into Early Payment Default. But, people can't see past all of this.

It's weird. I just wonder what is going to happen. If the Government does not step in, we technically would have more inventory dumped at once, than in cycles, like 2008... which would cause prices to fall. And while I'm doubtful people will quickly walk away from their loans -- if the value of the homes falls 20 - 25% -- does it really even make sense to pay it back? I wonder that question myself.

To sum up this up quickly -- people are not acting rationally, right now. It's weird and the market seems to not be pricing it in. I wonder if the cards will fall, or if it will be propped up.
 

Annie Mac

LoanSafe Member
Aug 19, 2011
598
84
28
Oregon
OHM, I have been monitoring things for awhile at least locally, since I have been in pretty much permanent limbo for all the years you just wrote about. What I see is alot of purchases which I would label second homes, small town bungalows, cabins in places one would go to for vacation, small acreage outside of urban areas. I think there are two groups of homeowners; and those doing the purchasing right now could well be those who have benefitted from tax breaks for the rich and need someplace safe to stash the zeros behind their interest incomes. It doesn't appear that they are worrying about how to make payments, but rather putting their funds someplace for safe keeping. Neither them nor the government is concerned about things taking a dive . One of the clues to this is properties are selling for asking price, or 5-10,000 below. And they are going quickly off the shelves, or maybe everyone on the east coast is trying to go west.
 

moretrouble

LoanSafe Member
Nov 14, 2009
1,514
273
83
The Fed is supporting the housing market by lowering rates. 30 yr rate now is 2.65%. That keeps the payments low if you have a job. It depends on location. In the local area I am looking at (in case I have to rent for one of my daughters), it's cheaper to rent. I am also looking at a cheap house in Florida to be used as a base to park my camper van and it's cheaper to buy there. A 5000 sq ft lot here is $250,000 in Florida is $10,000.

Also the Fed is debasing the currency. Dollar is 35% cheaper than last year compared to real asset. From $4 trillion to $7 trillion. It's not free. We all pay for it. Only people who knows how to take advantage of the Fed's policy and have the means to will thrive the rest of us will pay.
 

wanda robo

LoanSafe Member
Sep 29, 2012
3,954
640
113
NJ
I was going to send this privately to Wanda, but I'm going to post it publically. There is something really wrong, in my opinion, with our current real estate market.

I remember 2007 and 2008, very vividly. I was living in South FL at the time, and I remember that in late 2006, everything started to "cool" off -- and prices stopped growing to the sky. People were no longer camping outside overnight to get their pick of lots, construction was starting to slow down, and you could just tell, everything was slowing. I think this had to do with Interest Rates rising, at the time.

In 2007, that spring, I remember a neighbor of mine talking about how she basically had to give away her condo. I wasn't too surprised, but I was amazed that 20+ people had not come to tour the home. She only received one offer, and had only seen six showings over two months.

Then later that summer -- around May, everyone and their brother seemed to have their home listed. You could drive through subdivisions that had been built a year or two ago, and find houses (some four in a row) all with a FOR SALE sign. The urgency to buy a home was gone, and builders were clearly desperate to sell their inventory of homes. Price Reductions begin to get very dramatic.

Here is the thing though. Prices were down maybe about 10% - 12% in some cases. People thought it was a "good" time to buy, the "dip" in prices. They thought the worst was over. Truthfully, no one knew how many homes were going to be dumped onto the market as foreclosures.

In 2008, through the spring... people seemed to be completely oblivious to what was happening. I remember people were still doing major home renovations, buying new homes, and still trying to sell their homes for top dollar. In mid-2008, it seemed to finally get through to people that the tide had changed. Things were beginning to look bleak.

Today... we seem to be in another inverse/weird situation. People are over-stretching themselves and jumping into bidding wars in some areas to buy homes. In a way, it's reminiscent of 2004/2005, when people were jumping into Interest-Only and you'd aggressively make an offer on a new condo. People are acting as if they don't buy a home now, they will NEVER get one. It's bizarre, in my opinion.

But... at the same time, this is all happening. You have millions of people who are behind in Mortgage Payments. Foreclosures & Shadow Inventory for an entire year has basically been swept under the rug and will come out of the woodwork next year. We are not even including people falling out of forbearance, or who haven't had their foreclosure cases filed against them. We are just talking about people who already had a sale scheduled or a final judgment issued. When you combine all three, it gets very nasty.

Some of the people buying a home right now, may not even have a job next year. There a lot of people who purchased a home within the last year with an FHA Loan, and have already lost their job, and fallen into Early Payment Default. But, people can't see past all of this.

It's weird. I just wonder what is going to happen. If the Government does not step in, we technically would have more inventory dumped at once, than in cycles, like 2008... which would cause prices to fall. And while I'm doubtful people will quickly walk away from their loans -- if the value of the homes falls 20 - 25% -- does it really even make sense to pay it back? I wonder that question myself.

To sum up this up quickly -- people are not acting rationally, right now. It's weird and the market seems to not be pricing it in. I wonder if the cards will fall, or if it will be propped up.
The housing market, is not the only bizarre thing going on today, my friend.(By the way, put a reasonable offer in for the house I am renting. It will get turned down, but I figured Lone Star could process it & chase their tail for a while).

The house next door went back up for sale. It's not exactly a "Stepford" house, but close. It wasn't foreclosed on, but sold cheap then rehabbed. Home Depot, crap. It was up for sale more than a year ago, which went down to $210000. They couldn't sell it so they rented it for $2100 per month. It's currently back up & listed for $242000!

Anyway, that's not my story. There are 9 people renting it (3 bedrooms) & they do like to party. They threw a "Birthday Party" this weekend which was actually a BLM Party in disguise-100+ people.
I'm looking out the window and Elmo & Zoey go walking to their house. It was cute so I went out front to the sit on the porch and things quickly changed.A van pulled up & a dozen or so men piled out with drums. It was like being in Uganda. They had these big old drums, drums only, mind you,and marched out front for an hour or so, and I just sat & watched & listened. Several times people walked up to my porch and asked if "I was okay, with what was going on". Hell, I'm OK are YOU OK? Gave me a headache, an hour or so of the loudest drums on Earth, but I found it fascinating. I like to think I don't have a prejudiced bone in my body.
LMAO, the entire neighborhood stayed inside & probably locked their doors and here I am sitting outside watching & taking it all in. Hindsight tells me I should have maybe been scared, little old white lady in the midst of a BLM Movement. I wasn't, though, not at all. After all was said & done, I sat on the deck, out back & gazed at the stars(oh, and my old house)LOL

God works in mysterious ways (at least with me)........

Looked like a bomb went off the next day, paper plates & trash, all over, but by 1:00PM it was mostly cleaned up.
 

kraftykrab

LoanSafe Member
Jan 27, 2014
1,239
164
63
Krafty,

Hope you're hanging In there, my dude!

In my research, I read hundreds of assignments from various states and it's common, though not the rule to include the verbiage where they slip the note in almost as an afterthought with the mortgage. Though it's been a while since I studied it I think the workaround for the clear impossibility of a negotiable instrument being transferred by assignment has to do with changes conveniently created in UCC 9 to streamline the securitization shell game. From the perspective of semantics or logic, their argument might be the mortgage assignment didn't affect the transfer of interest in the note but is being memorialized by reference. In other words they might imply or assert that the actual negotiation of the note took place took place separately and in the appropriate manner. They often do the same thing about the assignment in which case you want to look for the word "executed" and see how the date differs from the recording date.

Did you notice whether the assignment is within the statute of frauds? Many times they aren't, not that anyone calls them on it but technically if not within the SOF the assignment is not enforceable. Corbin and Williston reference that requirement in their writings.

While it's state-specific generally the requirement is that it must be signed by the party to be charged. In our case, that means the beneficiary. It can be signed by an agent but the name of the beneficiary must be mentioned somewhere in the document.
According to the paperwork they have sent me, the transfer actually took place 12/10/2013. The date on the assignment is June 2014. But my state has strange laws, there is no statute of frauds per se. There's a civil code article that requires some contracts to be in writing but there is no stated requirement for timing that assignment within our laws. So, a transfer that supposedly happened in 2013 could be memorialized by a written assignment years later and it would be legal on its face.
 

wanda robo

LoanSafe Member
Sep 29, 2012
3,954
640
113
NJ
"Portfolio Re-engineering" a new term I'm studying....thought you guys would be interested. It's published in the Federal Register as another "demonstration" program by HUD.

The hits just keep on coming:(
 

Javagold

LoanSafe Member
Mar 2, 2012
189
18
18
Today, I just received a $70 from previous Servicer/debt Collector, Specialized Loan Servicer, for a settlement with CFPB where they denied modifications and reductions. This is redress ???

Currently I’m in a fight with a Shell game of debt collector scum, Rushmore, US Bank NA Trustee Truman Trust SC-6 2016 and the new law firm (for Truman Capital), although the firm tells the court SLS is their client, although SLS has no idea who the firm even is.

And now the new Servicer, Rushmore refuses to speak on phone, send statements, Answer about modification Application and/or give the amount to cure default And says I must speak to their scumbag law firm only As we have representation in litigation (we don’t as always been pro-se). Each liar we have to deal with, is worse than the one before.

guess I will get another Whopping $70 check in 2 years when Rushmore admits to their transgressions. But I will still be fighting the bad guys from stealing any more houses.
 

OneHugeMess

LoanSafe Member
May 30, 2016
599
53
28
"Portfolio Re-engineering" a new term I'm studying....thought you guys would be interested. It's published in the Federal Register as another "demonstration" program by HUD.

The hits just keep on coming:(
The FHA Fund is bankrupt. Expect all sorts of creative accounting, and shenanigans as they try to repaint the true reality of the situation.
 

moretrouble

LoanSafe Member
Nov 14, 2009
1,514
273
83
Thank you Isisis, I am safe. I don't care if the house burned, not my house anyway, I am just legally squatting. That reminds me to call my insurance to rid the crook BOfA as the lienholder.
 
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