CitiMortgage: Foreclosing Homes while working “LIAR” Loan Modifications!

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*CHILLING ENDING* Keith Sadler Foreclosure Resistance LIVE 05/07/10 03:28AM

WELCOME TO THE NEW USA

Please come together and help this family out if you are in the area. They did not deserve this nor does anyone else.

They called this home for 20 years.

Related Stories:

 Wood Co. man barricades self in foreclosed home: TOLEDO

Sadler joined by supporters to resist home foreclosure eviction scheduled for…5/3/2010

Wood Co. man barricades self in foreclosed home: TOLEDO

By Laura Rice TOLEDO24
Monday, May 03, 2010 at 8:23 p.m.Photo

WOOD COUNTY, OH — A Wood County man facing foreclosure has boarded himself up in his home along with five others.

They are refusing to leave, despite a court order, and they say they will be there until Wood County Sheriff’s Officers drag them out.

Protestors are gathered outside Keith Sadler’s home of 20 years in rural Wood County trying to bring public attention to what they say is unfair action by banks and trying to keep the sheriff’s department from kicking him out.

“So far they have not come. Probably because of the strong public presence that has been so basically we can call this a victory for the day and hopefully we can carry that through tomorrow and the rest of the foreclosure,” said Lance Crandall, Toledo Foreclosure Defense League.

But the real action is going on inside, where Sadler and five others are locked up with supplies with no plans to leave.

NBC24 spoke with Sadler over an internet connection.

“They’re going to have to drag us out. We’re not going to willingly walk out,” said Sadler.

Sadler emphasizes that this is a peaceful protest and that they do not have any weapons.

He says he is doing this for himself.

“Because it’s my home,” said Sadler.

But also for all the others that could not keep up with house payments. Sadler was off work after a hand injury.

“I cut all the avenues that I could before that to try to make payments, to try to keep as close to on time as I could and of course it was getting impossible,” said Sadler.

What Sadler wants now is a moratorium on foreclosures. But, in talks with Wood County Sheriff Mark Wasylyshyn, that is not happening.

“(The Sheriff is) basically refusing to do that, saying it’s his duty to uphold the law of the courts even though the laws are immoral and unjust,” said Sadler.

NBC24 spoke with Sheriff Wasylyshyn who said it is Sadler who has broken his word.

Wasylyshyn met with him weeks ago to discuss an eviction plan and he says Sadler agreed to leave peacefully.

Wasylyshyn says sheriff’s deputies will remove the protestors from the property but he would not say when. He says his top priority is keeping his officers safe.

Sadler joined by supporters to resist home foreclosure eviction scheduled for…5/3/2010

Stony Ridge squatters
03 May 2010

This in via e-mail from the Foreclosure Defense League, they held a press conference on Sunday May 2nd, at 6:00 p.m., in addition to the below release, FOX Toledo reported on this story (link):

On Monday May 3rd, Keith Sadler of Stony Ridge will be evicted from his home. But unlike many in a similar situation, Mr. Sadler intends to resist his foreclosure and stay in his home illegally.

“I am resisting this eviction through non-violent civil disobedience,” states Sadler. “It’s time to make a stand against this corrupt system.”

Alongside Sadler stands a group of community members from the Toledo Foreclosure Defense League, a Northwest Ohio coalition of housing activists. TFDL is also joined by the national group Take Back the Land based out of Miami, Florida.

Sadler, along with the Toledo Foreclosure Defense League, will be peacefully occupying the foreclosed home by sealing themselves inside until the foreclosure is called off and a moratorium on all foreclosures is enacted.

“Housing is a human right. While banks are being bailed out, people are being thrown into the streets. The time has come to take back our land and our communities,” said Sadler.

Following Sunday’s press conference May 2nd at 6pm, activists will lock themselves inside until their demands are met.

Supporters have set up live streaming video and online content at the following web addresses:

LIVE 24 hour coverage from inside the home:
(link)

Live coverage goes online at 6:00pm Eastern Standard Time at the scheduled press conference. No broadcasts will be made until then.

Youtube:
(link)

Twitter
http://www.twitter.com/TFDLOH

or text “follow@TFDLOH” to 40404

GMAC v Visicaro Case No 07013084CI: florida judge reverses himself: applies basic rules of evidence and overturns his own order granting motion for summary judgment

THIS IS WORTH REPEATING OVER AND OVER!!!!

From: Neil Garfield Livinglies

Fla Judge rehearing of summary judgement 4 04 10

RIGHT ON POINT ABOUT WHAT WE WERE JUST TALKING ABOUT IN HEARING YESTERDAY!!

I appeared as expert witness in a case yesterday where the Judge had trouble getting off the idea that it was an accepted fact that the note was in default and that ANY of the participants in the securitization chain should be considered collectively “creditors” or a creditor. Despite the fact that the only witness was a person who admitted she had no knowledge except what was on the documents given to her, the Judge let them in as evidence.

The witness was and is incompetent because she lacked personal knowledge and could not provide any foundation for any records or document. This is the predominant error of Judges today in most cases. Thus the prima facie case is considered “assumed” and the burden to prove a negative falls unfairly on the homeowner.

The Judge, in a familiar refrain, had trouble with the idea of giving the homeowner a free house when the only issue before him was whether the motion to lift stay should be granted. Besides the fact that the effect of granting the motion to lift stay was the gift of a free house to ASC who admits in their promotional website that they have in interest nor involvement in the origination of the loans, and despite the obviously fabricated assignment a few days before the hearing which violated the terms of the securitization document cutoff date, the Judge seems to completely missed the point of the issue before him: whether there was a reason to believe that the movant lacked standing or that the foreclosure would prejudice the debtor or other creditors (since the house would become an important asset of the bankruptcy estate if it was unencumbered).

If you carry over the arguments here, the motion for lift stay is the equivalent motion for summary judgment.

This transcript, citing cases, shows that the prima facie burden of the Movant is even higher than beyond a reasonable doubt. It also shows that the way the movants are using business records violates all standards of hearsay evidence and due process. Read the transcript carefully. You might want to use it for a motion for rehearing or motion for reconsideration to get your arguments on record, clear up the issue of whether you objected on the basis of competence of the witness, and then take it up on appeal with a cleaned up record.

 

Judge reversed his own ruling that had granted summary judgment to GMAC Mortgage (DAVID J. STERN)

FORECLOSURE LAWS by State

Foreclosure Procedures By State ( RealtyTrac)

The foreclosure process varies somewhat from state to state, and depends primarily on whether the state uses mortgages or deeds of trust for the purchase of real property. Generally, states that use mortgages conduct judicial foreclosures, using the court system to execute the foreclosure; states that use deeds of trust conduct non-judicial foreclosures, using an out-of-court procedure defined by state law.

To foreclose in accordance with the judicial procedure, a lender must prove in court that the mortgagor is in default. Once the lender has exhausted its attempts to resolve the default with the homeowner, the next step is to contact an attorney to pursue court action. The attorney contacts the mortgagor(homeowner) to try to resolve the default. If the mortgagor is unable to pay off the default, the attorney files a lawsuit against the mortgagor to establish the default amount and the right to have the collateral(home) sold and the sale proceeds applied towards the outstanding loan. The purpose of the action is to provide evidence of a default and get the court’s approval to initiate foreclosure. In connection with the lawsuit, a lis pendens (lawsuit pending notice) is filed with the county clerk or other public property records repository. The lis pendens gives notice to the public that a pending action has been filed against the borrower in default to collect the defaulted debt, including having the collateral (home) sold.

Non-judicial foreclosures are based on deeds of trust that contain a power-of-sale clause. The clause enables the trustee to initiate a foreclosure sale of the collateral(home), without having to file a lawsuit or go to court. The trustee is typically required to issue a notice of default and notify the trustor (borrower) accordingly about the defaulted loan status. If the trustor does not respond, the trustee then initiates the steps for conducting the foreclosure sale of the collateral (home).

State Foreclosure Laws
 
 
 
 

Neil Garfield- Steps to Securitization

Mr. Garfield is a GENIUS
CameronBaxterFilms09
March 26, 2010
A casual conversation about the mechanics of securitization with Neil Garfield MBA JD, Wall Street insider and former trial attorney. Neil is the editor of http://www.LivingLies.Wordpress.com, the leading internet resource on foreclosure defense. He explains how the major banks and Wall Street used securitization to bypass traditional regulatory guidelines, and why it is so difficult for judges, lawyers and borrowers to understand what happened. Neil has just released a 2-disk, 4-hour foreclosure defense DVD set – The Garfield Continuum: Seminar for Laymen. A version for attorneys follows shortly. The DVD and the accompanying Workbook can be purchased at http://www.LivingLies-store.com
Wells Fargo’s Attorney– “We are the HOLDER of THE NOTE!
Later the attorney stated “Excuse me, I MISSTATED…We are ONLY the SERVICER”
Mr. Garfield “At which point I gave the lawyer an elbow, and I said “That means WE DON’T HAVE A HOLDER OF THE NOTE in this court room.”