Home › Forums › General › EHTrust/EHT Topics and Creative Real Estate Financing › LENDER CAN’T PRODUCE NOTE — BACKS DOWN!
April 9, 2011 at 2:35 pm #6737
Summary – In Sept 2009, with my payments current on my so-called loan through ONE WEST BANK, I discovered the paperwork was bogus and fraudulent. I stopped paying them on this fraudulent mortgage, filed a BK, and challenged them when they filed a Motion to Lift the Automatic Stay. The Original Note they filed was a complete fraud. They filed Notes with only my signature, one with two endorsements, one with one endorsement, and one with one endorsement on the back and one on the front.
I fought them in court, appearing twice, as they replaced their original attorney with two who both appeared and swore under oath that ONE WEST BANK was the Real Party in Interest. I disputed it and pointed out the repeated fraud in their docs. Judge took it under advisement.
Then, two weeks ago they hired a third attorney to file another Motion for Relief from Automatic Stay. I had had it so I submitted the following:
ONE WEST BANK and its counsel knew or should have known that false documents were created to manufacture a case to support the Motion to Lift the Automatic Stay, and that the documents were fraudulent in nature and contained false signatures of persons posing as officers of entities related to this litigation even though none of the signators held the officer positions indicated on the false documents. In addition, one signature supposedly of a MERS Assistant V-P was actually signed by a ONE WEST BANK employee.
The Court and the Debtor are entitled to insist that the moving party establish its standing in a motion for relief from stay through the submission of accurate documentation of ownership of the mortgage, not by desperately submitting fraudulent documents that are a waste of everyone’s time. Absent such legitimate proof, relief from stay is unwarranted and a proof of claim filed by the wrong party (ONE WEST BANK), to which an objection is filed, must be disallowed.
ONE WEST BANK has not demonstrated that it has constitutional or prudential standing or is the real party in interest entitled to prosecute a motion for relief from stay. In addition, their felonious acts constitute what amounts to a criminal conspiracy between ONE WEST BANK, the people they used to perform these illegal acts, and the attorneys who are willing to submit such false documentation to a Federal Bankruptcy Court.
Accordingly, its Exhibit should be rejected, and its motion should be DENIED. Furthermore, the note should be cancelled and ONE WEST BANK should remove any negative information it has placed on Debtor’s credit report.
If the Court should go against all logic and the law and rule in favor of ONE WEST BANK, Debtor is prepared to initiate litigation for breach of contract, fraud, fraud by omission, and racketeering and bring this matter public through the interest of Three on Your Side, and through contacts made with the FBI.
Debtor applied for a loan in good faith for two main purposes — to secure a home suitable for the disabled to retire, and to create and safeguard his investment. By engaging in systemic predatory lending, Lenders frustrated the second purpose by devaluing the collateralized asset and breaching the intentionally fraudulent lending contract. Failing to disclose this information is fraud by omission. Continuing their felonious acts with the false documents submitted to this Court continues a series of fraudulent acts which constitute racketeering, which gives rise to a claim for treble damages, plus fees and costs.
Debtor respectfully requests that the Court do the right thing and dismiss this fraudulent Motion to Lift the Automatic Stay by a party with no legal standing.
TODAY I RECEIVED AN ORDER FROM THE COURT DISMISSING THE MOTION TO LIFT THE AUTOMATIC STAY AT THE REQUEST OF ONE WEST BANK. It appears they decided to get out of the kitchen.April 9, 2011 at 3:59 pm #33639
Great job Gary. Congratulations. Make sure you follow up with a motion for quiet title and treble damages to place the final nail in the coffin. Remember, without quiet title, the snake still has an attached head.April 9, 2011 at 6:30 pm #33640
Shot, GaryApril 9, 2011 at 6:58 pm #33641
GO GARY GO……FULL SPEED AHEAD.
I love it.
c hApril 9, 2011 at 6:59 pm #33642
btw, can you run your affiliate leadership role in NARS from France?
Need any grape pickers?
c hApril 9, 2011 at 7:38 pm #33643
Hah, me thinks it would be better to retire, but a little further south than Gary’s family. Just west of Carcassonne and south of Toulouse is a little village some of us call the second home, Bezac. The house dates at least to the Roman times. Wonderful.April 9, 2011 at 11:03 pm #33644
Actually, my family is from the Bearn region which is to the west of you. Closer to Basque country, the Atlantic Ocean, and Spain.April 10, 2011 at 1:53 am #33645
Bravo. And I too, agree with Dave regarding that final nail. Continue to fight the good fight, Gary. Finish them.April 11, 2011 at 7:59 pm #33646
Gary you are indeed the MAN! Very nicely done. Who could ever look at you for any length of time and realize that you are as smart as you actually are?
If I wore a hat, I’d take it off to you…wait I do! I wear a baseball cap (I try to stay prepared in case they ever call me up for the big league)…and that hat, sir, is doffed to you.
Waaay good going!!
BillApril 12, 2011 at 12:44 pm #33647
Au contraire, Father Time. I always was told that hair is a sign of intelligence. Check the beard. I’ve got yours by a couple of inches — the beard I mean.
At any rate, thanks for the kind words. I’ll keep you posted.
Da Wiz…April 28, 2011 at 9:46 pm #33648
Here is an update on my case. When last I left you, the attorney who had filed a Motion to Lift the Automatic Stay backed down and had it dismissed. Since then both the court and the lender have been silent.
So, I sent them a “Qualified Written Request”, a RESPA letter demanding to know the identity(ies) of the Servicer, Investor, Holder in Due Course or Owner of the Note. I advised them that they are required by law to provide this information as well as the chain of title and the Code number of the Mortgage Pool. They were made aware that I know I am entitled to $4000 plus attorney fees for EACH assignment and/or sale for which I was never given a 30-day notice.
Today, the idiots at ONE WEST BANK sent a short note saying that the Investor on my note is AURORA! The MERS website says it’s Lehman Brothers. Under oath in court, both attorneys for ONE WEST BANK testified that ONE WEST BANK was the Real Party in Interest.
I will be demanding the code number from ONE WEST BANK so that I can see how many and who was involved in the assignments. Then I will sue each of them in Small Claims court unless they fork over $4000.
I will also be filing a Motion for Summary Judgment along with a Quiet Title Action, a request for sanctions against the Attorneys who committed perjury, and punitive damages, trebled if possible.
I’ll let you know what happens…April 30, 2011 at 3:53 pm #33649
C’est la (grande) vie, Gary!! I have no idea whether that is even sensical in French, but we applaud your results!!May 2, 2011 at 9:00 pm #33650
ltsa support out here, doc.
What worries me ‘I ‘ain’t got’ much hair.
c hMay 4, 2011 at 4:12 am #33651
Perfect timing. As I am preparing my Motion for a Summary Judgment and Quiet Title, I have just come across this article:
GOVERNMENT ACCUSES DEUTSCHE BANK AND MORTGAGEIT OF FRAUD
The original “Investors” on my loan are: DEUTSCHE BANK and MORTGAGEIT.May 4, 2011 at 3:03 pm #33652
I am sure that you have already introduced this to the court as additional evidence.
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