Home › Forums › General › EHTrust/EHT Topics and Creative Real Estate Financing › A Fight I Have to Win…
December 7, 2012 at 3:35 pm #6923
not only for myself and my wife, but for the millions of other homeowners who have been ripped off by this planned equity theft by lenders nationwide. We still stand a chance here because of the enormity of the “lender’s” fraud, filing 4 different “originals” of the promissory note, submitting two different Assignment of Deeds of Trust, both obviously fraudulent and prepared by the notorious Loan Processing Services of Florida with signatures from the all-time robo-signer Bryan Bly.
They tried to foreclose and conducted an auction which I attended. No bidders showed up so the house in now an REO. This is a great case for an attorney who wants to make a name filing a Quiet Title action and defeating the Lender.
I have also contacted a Phoenix TV station famous for protecting the rights of consumers and am awaiting their reply.
NEVER GIVE UP.December 8, 2012 at 3:35 pm #34126
Everybody (every body) needs to pay heed to this situation.
Greed, Power and Money can slowly destroy a freedom living society, such as a ‘democracy’
Each of us is at risk especially by way of inept and incompetent court systems
Run by humans. It is the distress patterns of humans that is the tragedy.
Now, the hedge funds have entered the rental house market with many billions of dollars behind them.
Rational thinking and actions are necessary or prepare for events you may not like or appreciate.
Anybody here want to get control of a couple thousand rental houses nationally yielding 10 dollars a month?
Crowd funding is the new capital frontier for the overlooked.
Under constructionDecember 9, 2012 at 7:45 pm #34127
See my email response. Hope it helps.December 9, 2012 at 8:02 pm #34128
It can help here too?December 9, 2012 at 10:30 pm #34129
You are right Cork – here it is:
In my non legal professional opinion, common sense indicates that if no one bid at the auction then the property has not sold. New ownership has not occurred.
Legal action should be commenced for an injunction, filed against the trustee who conducted the auction and any other parties to the matter, including the sheriff, as the pretender lender claimant in the foreclosure has not bid in for their claimed amount and clearly fraud is involved.
Take immediate action to accept and record the warranty deed.
Clearly your property is involved in some form of securitization and has been pooled along with other loans, and presumably remains as part of that pool, via a trust or other entity functioning as a REMIC.
It’s my current understanding that an investment trust that ostensibly owns the mortgage obligation and is a REMIC organized as a QSPE, then the trust, and any other parties supporting or servicing the trust, have no legal or equitable interest in the securitized mortgages involved. Therefore any servicer who alleges they have the right, or have been assigned the right, to claim they are the owner or agent for the holder of the note, for the purpose of a foreclosure action are asking a legal impossibility.
To qualify as a REMIC, all interest in the mortgage(s) is transferred to the certificate holders, who have become the real parties in interest. A review of the Master Servicing and Pooling Agreement relating to your mortgage filed with the SEC should confirm this.
The certificate holders who are receiving the pre-tax income from the REMIC entity are the real parties in interest. They hold the legal and/or equitable interest in the mortgages held, but they do not possess the ability to foreclose on any one individual mortgage as they have all been bundled into one income producing unit.
If something else occurs to me I’ll pass it along.December 9, 2012 at 11:26 pm #34130
Did the trustee announce the foreclosing claimant’s amount, usually the note balance plus late payments and misc fees and charges, at the auction? If not there may be a defense.
Has the claimant formalized title by terminating the equitable right of redemption and taken both legal and equitable title to the property and recorded the Trustee Deed? If the Trustees Deed was not recorded timely and before the eviction trial, it is a defense.
Has the foreclosing claimant followed correctly all of the mandated Arizona procedural requirements and satisfied the statutory timelines? If not there is a defense.
Did the dismissal from the BK include provide the claimant the right to proceed with the foreclosure action? If not there may be a defense.
Did the BK court resolve who was the holder of the Note and Deed of Trust? If not, then the correct holder in due course has not been identified, thus no claimant has the right to enforce the terms of the note and deed of trust. This is a defense.
The BK Court should have, and probably did not, properly consider what the claimant provided as evidence for its proof of claim consistent with the UCC and was said proof provided consistent with BK Rules 3001 through 3002. If not there is a defense.December 10, 2012 at 12:06 am #34131
More stuff =
If the homeowner refuses to give up possession as a result of an eviction notice, the claimant lender will be forced to file a Forcible Entry and Detainer Action. There is a short notice period before a court hearing. The sole issue will be whether the occupant has the right of possession.
You will have to go into court and argue that you have the right to possess based on facts.
Those facts you have shown should be restated and supported with the documentary evidence you have on hand. Additionally, you should argue that the claimant is not the Note and Deed of Trust owner and holder, and thus never had the power to enforce foreclosure against the property title. Therefore, the foreclosure as conducted was and is illegal.December 10, 2012 at 2:45 am #34132
Thanks Dave. That’s impressive info.
Maybe enough for anybody in these issues to gain some traction
I had asked Gary that before when he said
Nobody bid in his house!
Although this board is largely quiet I suspect there are readers who can relate to this topic.
Under constructionDecember 12, 2012 at 2:56 pm #34133
I’m sure the Wiz is fighting this, at least I hope he is.
Another thought – perhaps this should be attacked from another direction and that is to mount a lawsuit arguing that the property was “free and clear” from the outset and that no obligation ever existed to pay the Promissory Note and that the Deed of Trust is simply clutter on the title, which of course is the reality of the situation. The property is indeed being stolen if you let them get away with it.
This approach requires a fair amount of work and someone knowledgable to orchestrate it – ideally a skilled attorney with the willingness and guts to do it.
Perhaps others on the board has passed this idea along already – I hope so.December 12, 2012 at 3:24 pm #34134December 12, 2012 at 3:46 pm #34135
Disaster takes over when good people do nothing!
Is there corruption driven by money’/greed at federal and political levels?
Put your thoughts and ideas here about how to initiate and promote CHANGE at the federal and state levels!
Talk to your local political officials state and federal.
Just watching waiting and hoping will only make matters a lot worse.
Each person has power within that needs unleashing.
For those who want to gather forces under a national approach entity I am creating http://www.realestatefrontier.com to bring together like minded participant/investors nationally with local presence for professional help and group masterminding via MeetUp groups.
You can reach me direct email@example.com if you want to participate.
Cork HornerDecember 12, 2012 at 7:17 pm #34136
Thanks for your great input. I wish I could find an attorney to help. I talked to one who is a former prosecutor and criminal law expert and it was like pulling teeth to get him to admit that they had broken the law by forging “original” notes and recording fraudulent robo-signed deeds of trust. Then, when he found out that I had stopped paying once I filed the BK while payments were current, he said he knows all the Superior Court judges in Yavapai County and that there isn’t one who will allow you to remain in the house.
Thankfully, today I found a suitable rental (first time I’ve had to rent in 17 years), that will house me, my wife, and 2 dogs and 2 old housecats. I may now, with the tremendous pressure off, file a quiet title action myself and take a chance on finding a willing judge, or I may present this defense when I go to an eviction hearing. Chances of that being successful are very likely slim and none and slim left town.
GaryDecember 14, 2012 at 12:16 am #34137
Thanks for the kind words Gary.
Quiet Title may work – it has for Dave S. with his Hopes program.
As we all know, Arizona walks to a different beat than California.
Yours would be a recovery after the fact – perhaps a more difficult challenge.December 14, 2012 at 12:59 pm #34138
The Arizona State Supreme Court, in an effort to put an end to “produce the note” defenses, ruled that a so-called “creditor”, in direct contradiction to the UCC, DOES NOT HAVE TO PROVE HE OWNS THE NOTE/DOT PRIOR TO FORECLOSING! How is that for being in bed with the banking industry? Do you know what it’s like having the Wicked Witch as your Governor? At least Governor Moonbeam has a functioning brain. Have you ever watched her drift off into la-la land? Frightening!
I met with a real estate attorney who is a former prosecutor in a neighboring county. It was like pulling teeth to get him to admit that my “Assignments”, robo-signed by Bryan Bly and his Florida crew, and illegally recorded in Yavapai County, a class 1 misdemeanor, “may be illegal”. He said he knows all the Superior Court judges in the county and that NONE will allow anyone who withheld mortgage payments to remain in the home, no matter how justified.
I plan to save my money, BK attorneys know very little about real estate, and real estate attorneys know next to nothing about securitization. Do you know what it’s like trying to explain it to an aging judge whose brain cells are atrophied and who belongs to the same clubs, plays the same golf courses, goes to the same political events?
I will simply go to the Eviction Hearing and present my case (if they allow me to do so). I will present a written documentation of proof that my note was sold before the transaction was ever recorded in the first place and that my Note was shredded and now owned by hundreds of funny little people in other countries.
I also have proof that good old Fannie Mae and Freddie Mac, neither of those organizations have ever had any record of my loan despite the fact that the document says it is right on the face.
Very little chance of winning but this old dude will NEVER quit. This is NOT the America I learned to love in the ’40s and ’50s. At least France protects its people by banning GMO’s and fracking. Not us! We have become all about greed. Ike warned us and nobody listened…December 14, 2012 at 2:01 pm #34139
Gary and David, perhaps your posts here will awaken the few readers who still visit this site and come to realize everybody iss at risk not just in ‘America’ but globally.
Sex, Drugs, Rock and Roll. Aside from Rachel welch intl hot babe starring in the movies
I only remember the title and her. But I do think and believe the intent behind the title is apropos to what drives most Human endeavors and behavior.
A retired md/psychiatrist friend refers to the latter as the 3 P’s –prestige, power and position. The mental health system added pills. We are a society greatly at risk in my view due to the powers that lie within ‘the P’s
It could be useful for our posts to awaken a few more of Thr masses who act asleep and indifferent.
A world war arose ( number II) over the horrendous acts of one person named Hitler. If one wants to ask Google some questions try the questions around Hitler, the Jews and those deemed mentally ill.
However weak our democratic system may be each if us needs to meet our elected representatives and Stand Up and Be Counted!!!!!-/—NOW!
Gary I went thru as a tenant in possession a foreclosed house in mesa az and appeared as a tenant in eviction court with the federal tenant act of 2009 protecting occupants of foreclosed houses. The presiding justice went on record stating the federal government ought to stay out of Arizona!
Gary based on my experience if you go into court naked you will lose. Abraham Lincoln was right about those who defend themselves in court have a fool for a client.
Btw 3arck was totally ineffective with any assistance.
The az market continues to thrive even in all the adversity in the judicial system.
I seek those who want to join me using the equity holding trust system as a anchor to acquire a few thousand houses.
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