ARE YOU SICK OF YOUR BANK’S FORECLOSURE ATTORNEY? DO YOU WANT TO NEUTRALIZE THEM AND STOP THEM FROM REPRESENTING THEIR CLIENTS? HERE IS HOW TO DO IT!

Absorb these words from one who knows

what he speaks of…Mr. Paul Muckle

I warned these banks in 2007, “give the People a loan modification before they discover that you defrauded them, because woe be onto you when they find out”. Anyway, I figured out that was on to something so to buy time to think strategy, I demanded that my mortgage go from the $3,833.54 to $1,200 per month. The judge agreed and ordered that the mortgage payments was going to be $1,200 a month, and he also wiped out the $20,000 plus mortgage in arrears. This was too easy, they were willing to cater to me just to keep my brethren from feasting. The judge then ordered that I was to begin mortgage payments of $1,200 a month, but not to pay it to the lender, but to the court’s registry. My claims were still pending, even though I was paying the mortgage, I could still pursue my claims of mortgage fraud against the banks. But I saw the trap! The day I sign any papers accepting this payment modification, I the day that the case is SETTLED, and the banks would get away with robbery. The judge also gave me a stern warning, “Mr. Muckle, I am going to tell you this and please listen to me carefully”.. then he looked me into my dark brown cold eyes with is tender and sincere big blue ones, and said, ever so sincerely and meaningfully, “Mr. Muckle, do not win the battle and lose the war”. He really was looking out for mines and my children’s best interest. But as his mouth opened up and uttered those words, all I could really hear him saying to me was, “ Mr. Muckle, why settle for a battle when you can win the war?” Fight them my brother, I have your back!”.( Lol, I swear, that’s what heard). But to secure the order and bind me, the judge ordered in writing, “If the plaintiff do not begin to pay the money into the court’s registry as ordered, the defendant SHALL foreclose on the Plaintiff’s property and sell it” Huh! …continue HERE

Another Order Dismissing Foreclosure- Judge Jirotka 6th Circuit Pinellas County

Attached here is the latest example of a Pinellas County Circuit Court judge applying the law and sticking up for the rights of homeowners and consumers.  The pattern in Pinellas County, Florida is becoming clear…..the judges here “get it” and are not afraid to issue correct legal decisions–despite the fact that the consequences for banks and their bad behavior is going to be significant.

Read the decision and contact me with questions….these favorable decisions should be cited early and often!

http://mattweidnerlaw.com/blog/

IndyMac / ONEWEST why is DEUTSCHE BANK or the TRUST not named as the Plaintiff? How did you end up with my NOTE?

(see picture below) Many have read my first post FORECLOSURE FRAUD…”The Greatest American Bank Robbery” A GREED STORY. Still I wonder exactly how and why the Judge granted Final Summary Judgment? Take a look at my note and question how? when? & why? Remember they never submitted this nor did they have a photo copy at the hearing! When I asked her who she represented she did not answer. From the look of the assignments it looks like both parties since Mers is also listed as a Defendant and there is 2 different assignments to the same property with the same officer signing on behalf of both …2 separate entities same officer umm any conflicts?  Apparently not to the Judge or Law Offices Of David J. Stern P.A. since they prepared both these assignments. But miraculously MERS to assignment by virtue months after the commencement of the foreclosure…who would buy a loan in default?  

See, e.g., Deutsche Bank National Trust Company v. Rose Harris, Index No. 35549/07, Supreme Court of NY (Brooklyn), February 5, 2008, in which the Court (Honorable Justice Arthur Schack) wrote: “…Plaintiff’s affidavit, Erica Johnson-Seck, submitted in support of the instant application for a default judgment, was executed by claims to be a Vice President of plaintiff DEUTSCHE BANK. The affidavit was executed in the state of Texas, County of Williamson… The Court is perplexed as to why the Assignment was not executed in Pasadena, California, at 460 Sierra Madre Village, the alleged “principal place of business” for both the assignor and the assignee. In my January 31, 2008 decision (Deutsche Bank National Trust Company v. Maraj [citation omitted]), I noted that Erica Johnson-Seck, claimed that she was a Vice President of MERS in her July 3, 2007 INDYMAC to DEUTSCHE BANK assignment, and then in her July 31, 2007 affidavit claimed to be a DEUTSCHE BANK Vice President. Just as in Deutsche Bank National Trust Company v. Maraj, at 2, the Court, in the instant action, before granting an application for an order of reference, requires an affidavit from Erica Johnson-Seck, describing her employment history for the past three years. Further, the Court requires an explanation from an officer of plaintiff DEUTSCHE BANK as to why, in the middle of our national subprime mortgage financial crisis, DEUTSCHE BANK would purchase a non- performing loan from INDYMAC, and why DEUTSCHE BANK, INDYMAC, and MERS all share office space at 460 Sierra Madre Villa, Pasadena, CA 91107.” (emphasis added) 

Thanks for the 2nd DCA ruling and then this Senator Michael Bennett is proposing this bill ? But here MBA admit banks DO NOT HAVE THE NOTES therefore, they have absolutely NO standing!!! I think Alfred Hitchcock could solve this mystery since it would make a great Twilight Zone series…not enough time for an episode. 

Ok…lets take a look at my “ORIGINAL NOTE” …Wonder what the next homeowner will think of “title” to my stolen house due to fraud? I know when a car’s VIN number is forged it is null and void and ceased from you. hmmm 

 

 

 

Where are these missing assignments?

EDUCATION: SAMPLE HELPFUL TOOLS

These are tools and templates I used from several websites and past, present and future cases. I am not an attorney and this must not be taken as legal advice. If you do not understand any of this material I recommend you seek assistance from a Licensed Attorney. Again, these are helpful tools I used.

MOTION TO VACATE SAMPLE

Affidavit[1]

DEFENDANT’SFIRSTREQUESTFORADMISSIONS[1]

defensestoforeclosure[1]

IRON QWR

Interrogatories

MTG FRAUD STATUES

MSFraud_CasesAndResources

MSFraud-ForumCrosslinksandFindingsAddToOhioFederalCourtCaseDiscussions[1]

PetitionToStayEviction

ProSe_English_May09

subpeona

parties

68-191streqdiscoverycert

annoted-example-of-asignment-and-assumption-agreement

AnswerQuietTitle

pro_se_answer_instructions_(double_sided)

HOW_TO_STOP_FORECLOSURE

Discovery-Admission

florida-foreclosure-procedure

 http://poolingandservicingagreement.com/

MERS KISS: Keep It Simple Stupid… “SCAM”

If self nominating officers signing on

behalf of MERS, et al~ wasn’t good

enough…

The Voice of the White House

Washington, D.C., February 24, 2010:  Although only bankers are aware of it, there is a second wave of economic disaster starting to build up that will make the earlier one pale into insignificance. Let us start out with MERS, shall we?

MERS = Mortgage Electronic Registration Inc.holds approximately 60 million American mortgages and is a Delaware corporation whose sole shareholder is Mers Corp. MersCorp and its specified members have agreed to include the MERS corporate name on any mortgage that was executed in conjunction with any mortgage loan made by any member of MersCorp. Thus in place of the original lender being named as the mortgagee on the mortgage that is supposed to secure their loan, MERS is named as the “nominee” for the lender who actually loaned the money to the borrower. In other words MERS is really nothing more than a name that is used on the mortgage instrument in place of the actual lender. MERS’ primary function, therefore, is to act as a document custodian. MERS was created solely to simplify the process of transferring mortgages by avoiding the need to re-record liens – and pay county recorder filing fees – each time a loan is assigned. Instead, servicers record loans only once and MERS’ electronic system monitors transfers and facilitates the trading of notes. It has very conservatively estimated that as of February, 2010, over half of all new residential mortgage loans in the United States are registered with MERS and recorded in county recording offices in MERS’ name

MersCorp was created in the early 1990’s by the former C.E.O.’s of Fannie Mae, Freddie Mac, Indy Mac, Countrywide, Stewart Title Insurance and the American Land Title Association. The executives of these companies lined their pockets with billions of dollars of unearned bonuses and free stock by creating so-called mortgage backed securities using bogus mortgage loans to unqualified borrowers thereby creating a huge false demand for residential homes and thereby falsely inflating the value of those homes. MERS marketing claims that its “paperless systems fit within the legal framework of the laws of all fifty states” are now being vetted by courts and legal commentators throughout the country.

The MERS paperless system is the type of crooked rip-off scheme that is has been seen for generations past in the crooked financial world. In this present case, MERS was created in the boardrooms of the most powerful and controlling members of the American financial institutions. This gigantic scheme completely ignored long standing law of commerce relating to mortgage lending and did so for its own personal gain. That the inevitable collapse of the crooked mortgage swindles would lead to terrible national repercussions was a matter of little or no interest to the upper levels of America’s banking and financial world because the only interest of these entities was to grab the money of suckers, keep it in the form of ficticious bonuses, real estate and very large accounts in foreign banks. The effect of this system has led to catastrophic meltdown on both the American and global economy.

MERS, as has clearly been proven in many civil cases, does not hold any promissory notes of any kind. A party must have possession of a promissory note in order to have standing to enforce and/or otherwise collect a debt that is owed to another party. Given this clear-cut legal definition,  MERS does not have legal standing to enforce or collect on the over 60 million mortgages it controls and no member of MERS has any standing in an American civil court.

MERS has been taken to civil courts across the country and charged with a lack of standing in reposession issues. When the mortgage debacle initially, and inevitably, began, MERS always routinely brought actions against defaulting mortgage holders purporting to represent the owners of the defaulted mortgages but once the courts discovered that MERS was only a front organization that did not hold any deed nor was aware of who or what agencies might hold a deed, they have routinely been denied in their attempts to force foreclosure.  In the past, persons alleging they were officials of MERS in foreclosure motions, purported to be the holders of the mortgage, when, in fact, they not only were not the holder of the mortgage but, under a court order, could not produce the identity of the actual holder. These so-called MERS officers have usually been just employees of entities who are servicing the loan for the actual lender. MERS, it is now widely acknowledged by the courts, has no legal right to foreclose or otherwise collect debt which are evidenced by promissory notes held by someone else.

The American media routinely identifies MERS as a mortgage lender, creditor, and mortgage company, when in point of fact MERS has never loaned so much as a dollar to anyone, is not a creditor and is not a mortgage company. MERS is merely a name that is printed on mortgages, purporting to give MERS some sort of legal status, in the matter of a loan made by a completely different and almost always,a totally unknown entity.

The infamous collapse of the American housing bubble originated, in the main, with one Angelo Mozilo, CEO of the later failed Countrywide Mortgage.

Mozilo started working in his father’s butcher shop, in the Bronx, when he was ten years old. He graduated from Fordham in 1960, and that year he met David Loeb. In 1968, Mozilo and Loeb created a new mortgage company, Countrywide, together. Mozilo believed the company should make special efforts to lower the barrier for minorities and others who had been excluded from homeownership. Loeb died in 2003

In 1996, Countrywide created a new subsidiary for subprime loans.

• Countrywide Financial’s former management
• Angelo R. Mozilo, cofounder, chairman of the board, chief executive officer
• David S. Loeb, cofounder, President and Chairman from 1969 to 2000
• David Sambol, president, chief operating officer, director
• Eric P. Sieracki, chief financial officer, executive managing director
• Jack Schakett, executive managing director, chief operating officer
• Kevin Bartlett, executive managing director, chief investment officer
• Andrew Gissinger, executive managing director, chief production officer, Countrywide Home Loans[14]
• Sandor E. Samuels, executive managing director, chief legal officer and assistant secretary
• Ranjit Kripalani, executive managing director and president, Capital Markets
• Laura K. Milleman, senior managing director, chief accounting officer
• Marshall Gates, senior managing director, chief administrative officer
• Timothy H. Wennes, senior managing director, president and chief operating officer, Countrywide Bank FSB
• Anne D. McCallion, senior managing director, chief of financial operations and planning
• Steve Bailey, senior managing director of loan administration, Countrywide Home Loans

The standard Countrywide procedure was to openly solicit persons who either had no credit or could not obtain it, and, by the use of false credit reports drawn up in their offices, arrange mortgages. The new home owners were barely able to meet the minimum interest only payments and when, as always happens, the mortgage payments are increased to far, far more than could be paid, defaults and repossessions were inevitable. Countrywide sold these mortgages to lower-tier banks which in turn, put them together in packages and sold them to the large American banks. These so-called “bundled mortgages” were quickly sold these major banking houses to many foreign investors with the comments that when the payments increased, so also would the income from the original mortgage. In 1996, Countrywide created a new subsidiary for subprime loans.

At one point in time, Countrywide Financial Corporation was regarded with awe in the business world. In 2003, Fortune observed that Countrywide was expected to write $400 billion in home loans and earn $1.9 billion. Countrywide’s chairman and C.E.O., Angelo Mozilo, did rather well himself. In 2003, he received nearly $33 million in compensation. By that same year, Wall Street had become addicted to home loans, which bankers used to create immensely lucrative mortgage-backed securities and, later, collateralized debt obligations, or C.D.O.s—and Countrywide was their biggest supplier. Under Mozilo’s leadership, Countrywide’s growth had been astonishing.

He was aiming to achieve a market share—thirty to forty per cent—that was far greater than anyone in the financial-services industry had ever attained. For several years, Countrywide continued to thrive. Then, inevitably, in 2007, subprime defaults began to rocket upwards , forcing the top American bankers to abandoned the mortgage-backed securities they had previously prized. It was obvious to them that the fraudulent mortgages engendered by Countrywide had been highly suceessful as a marketing program but it was obvious to eveyone concerned, at all levels, that the mortgages based entirely on false and misleading credit information were bound to eventually default. In August of 2007, the top American bankers cut off.   Countrywide’s short-term funding, which seriously hindered its ability to operate, and in just a few months following this abandonment,  Mozilo was forced to choose between bankruptcy or selling out to the best bidder.

In January, 2008, Bank of America announced that it would buy the company for a fraction of what Countrywide was worth at its peak. Mozilo was subsequently named a defendant in more than a hundred civil lawsuits and a target of a criminal investigation.  On June 4th, 2007 the S.E.C., in a civil suit, charged Mozilo, David Sambol, and Eric Sieracki with securities fraud; Mozilo was also charged with insider trading. The complaint formalized a public indictment of Mozilo as an icon of corporate malfeasance and greed.

In essence, not only bad credit risks were used to create and sell mortgages on American homes that were essentially worthless. By grouping all of these together and selling them abroad, the banks all made huge profits. When the kissing had to stop, there were two major groups holding the financial bag. The first were the investors and the second were, not those with weak credit, but those who had excellent credit and who were able, and willing to pay off their mortgages.

Unfortunately,  just as no one knows who owns the title to any home in order to foreclose, when the legitimate mortgage holder finally pays off his mortgage, or tries to sell his house, a clear title to said house or property cannot ever be found so, in essence, the innocent mortgage payer can never own or sell his house. This is a terrible economic time bomb quietly ticking away under the feet of the Bank of America and if, and when, it explodes, another bank is but a fond memory.

Readers wishing to find out if their title is secure should write to http://www.ChinkintheArmor.net, leave a comment on any article and ask for contact information for legal advice.

http://www.tbrnews.org/Archives/a3019.htm

Full Deposition of the Infamous Erica Johnson Seck RE: Indymac Federal Bank Fsb, Plaintiff, Vs. Israel a. Machado – 50 2008 CA 037322xxxx Mb

SOON TO BE FAMOUS ROGER STOTTS & DENNIS KIRKPATRICK VP’s, MERS, ATTORNEY in FACT, ONEWEST, INDYMAC, Deutsche BANK et al~~

BOGUS ASSIGNMENTS 3…Forgery, Counterfeit, Fraud …Oh MY!