Social Apocalypse

The People Have Spoken: America Is On FIRE!

It is getting to be monotonous:

The "Occupiers" don't have any "DEMANDS".
or
They are a bunch of hippies with no jobs.
or
People always want something for nothing.

Let me be extremely clear:
When a bunch of people don't have a designated "leader", no formal "Organization" and "Spokesperson", how could you possibly expect them to have "Demands" ??

One message that has been consistent and clear from the #OccupyWallStreet movement from DAY ONE (in fact BEFORE day one) is that they are LEADERLESS.  They are not a TRIBE of people with a cause.  They (WE) are a collection of AVERAGE AMERICANS (JUST LIKE YOU) with the courage and conscience to step outside of our normal lives to convene with each other with a common interest, which is: WE KNOW WHAT WE DON'T WANT, BUT WE KEEP GETTING IT, AND THINK IT'S NEVER GOING TO STOP UNLESS WE INTERVENE. It's not like we haven't waited YEARS for our government to act, at our own peril...

It's actually quite simple.

Instead of thinking of them as a group, think of them as what happens when a building catches on fire in your neighborhood: All the neighbors run out into the street to contribute to:

• Seeing and understanding the problem
• Trying to help if possible
• Comforting each other
• Learning from it so it won't happen again
• Being there to contribute to making it better, even if they don't know exactly what will be needed

THAT is what #OccupyWallStreet is. It's you and I and everyone around us.  

Our nation IS ON FIRE!

We have come out of our houses and gathered in the street for THE SAME REASONS.

We should not be expected to know what to do, after all, we are NOT FIREFIGHTERS! But the fire is burning, and the firefighters are NOT EVEN ATTEMPTING to put it out, and there is STRONG INDICATIONS that they are making money from burning buildings and are spraying gasoline on it.

• We don't hate Wall Street, we hate what it has become. 
• We don't hate Capitalism for it's TRUE meaning, which is work hard and get rich, I hope I am rich too some day, but I won't get that way by stealing and committing felonies and destroying my beloved country and impoverishing the majority of it's citizens. People have actually gotten RICH while enriching OTHERS TOO, like Steve Jobs. Corporations are NOT the enemy. Our Government is corrupted, and we must fix it.
• Read this: Click Here

It's not hard.
It's not a CULT.
It's not weirdos, or anarchists, or anything like that.

It's AMERICAN HISTORY, and if you don't understand what freedom of speech is, or protest rights, or public dissent, then you were sleeping in history class. Believe me, you don't WANT to live in a country where the Police make their own rules to suit their own needs at any given time... and yet, we are witnessing just this sort of horrifying behavior, and NOTHING is being done about it.  In America, when corruption takes over the government, our predecessors provided relief in our constitution to protect our country from just such an attack: The power of the people to take back their government, and PROTEST and CIVIL DISOBEDIENCE is how it is done. 

Don't think of "Civil Disobedience" as being lawless or riotous.  Think of it as "Questioning Authority" when our elected authority is acting... well, QUESTIONABLY!!  It does not mean "throwing bottles through windows" or breaking things or committing crimes.

The Occupiers HAVE BEEN PEACEFUL.  Look upon what you are seeing with unprejudiced eyes: WHO is being violent? WHO is being illegal?  You will not like what you see.  Ask yourself: IF I DID agree with what they were doing, would I concur that their rights as Americans are being respected.  That will be the start of your awakening, and you will come to understand EXACTLY why so many respected people have joined us.  

If you are ignorant, learn.
If you are too arrogant to believe you could EVER be ignorant or wrong, then you share a trait that the majority of 1% of our population has: they think they are BETTER than the person standing next to them.
What a shame.

But don't worry, we will save you too, though, because that is what Americans do.

Peace.

I Clarify How Catastrophic This Is: Houston, We’ve Got A Problem

Houston, We’ve Got A Problem – Bevilacqua

Social Apocalypse here.  It is my opinion that this EARTH SHAKING CASE has not yet permeated the profit-centric brains of Wall Street Investors in REO/REITS yet.  Clearly they should be extremely eager to jettison ALL interest in these properties, because this is the little hole that appeared in Hoover Dam... the future is easy to predict. There are MILLIONS of foreclosure sales that were purchased by investors accross the country. Most of these were/are currently being sold to happless buyers who's crime is simply wanting to purchase a home.  They are NOT protected by their title insurance. They are NOT protected by ANYTHING. They will be OUT THE MONEY they invested.

This is the next shoe to drop... we have been predicting this for a LONG time and everyone kept stepping over this giant hole thinking it would never happen.  It HAS HAPPENED FOLKS.

What do you think is going to happen when these investors are told, "Sorry, you don't in fact OWN that home you purchased and subsequently sold to another buyer... and NO you can't have your money back.  WHO can they sue? NOT the homeowner who was wrongfully foreclosed. They will have to go after the fraudulent party that SOLD it to them when they did not have the authority to do so... and THAT would be the big banks.  Just as if you bought a car with a faulty title, you wouldn't sue the licensing department, you would sue the guy that sold you the car and said it had a clear title. IT IS THE SAME THING.

Stand by.

You are about to see a HERCULEAN TSUNAMI of lawsuits filed against servicers by the BUYERS of these foreclosed homes and properties against the banks. They cannot withstand this liability, as we all know. And the rest of the story, I think you can envision. We are talking about TRILLIONS OF DOLLARS in lawsuits that will hit the wire.

Watch the stock market. You will clearly SEE when the Wall Street tycoons figure this out.  It will be like Armageddon.

This is a great article on Neil Garfields site, I present a clip of it here, and he then will direct you to Zero Hedge's site to see more in detail the complexity of this problem. It's a big deal, the biggest yet. 

PLEASE move your money out of big banks. They are EVIL and their days are numbered. When they go down, they will take your money with them. The FDIC DOES NOT HAVE THE CAPITAL TO COVER THE CATASTROPHE THAT IS COMING.

You have been warned.

On Oct. 18th, 2011 the Massachusetts Supreme Judicial Court handed down their decision in the FRANCIS J. BEVILACQUA, THIRD vs. PABLO RODRIGUEZ – and in a moment, essentially made foreclosure sales in the commonwealth over the last five years wholly void. However, some of the more polite headlines, undoubtedly in the interest of not causing wide spread panic simply put it “SJC puts foreclosure sales in doubt” or “Buyer Can’t Sue After Bad Foreclosure Sale“

In essence, the ruling upheld that those who had purchased foreclosure properties that had been illegally foreclosed upon (which is virtually all foreclosure sales in the last five years), did not in fact have title to those properties.

Given the fact that more than two-thirds of all real estate transactions in the last five years have also been foreclosed properties, this creates a "small" problem.

The Massachusetts SJC is one of the most respected high courts in the country, other supreme courts look to these decisions for guidance, and would find it difficult to rule any other way in their own states.

It is a precedent. It’s an important precedent.

Here are the key components of the Bevilacqua case:

1. In holding that Bevilacqua could not make “something from nothing” (bring an action or even have standing to bring an action, when he had a title worth nothing) the lower land court applied and upheld long-standing principles of conveyance.

2. A foreclosure conducted by a non-mortgagee (which includes basically all of them over the last five years, including the landmark Ibanez case) is wholly void and passes no title to a subsequent transferee (purchasers of foreclosures will be especially pleased to learn of this)

3. Where (as in Bevilacqua) a non-mortgagee records a post-foreclosure assignment, any subsequent transferee has record notice that the foreclosure is simply void.

4. A wholly void foreclosure deed passes no title even to a supposed “bona fide purchaser”

5. The Grantee of an invalid (wholly void) foreclosure deed does not have record title, nor does any person claiming under a wholly void deed, and the decision of the lower land court properly dismissed Bevilacqua’s petition.

6. The land court correctly reasoned that the remedy available to Bevilacqua was not against the wrongly foreclosed homeowner but rather against the wrongly foreclosing bank and/or perhaps the servicer (depending on who actually conducted the foreclosure)

When thinking about the implications of Bevilacqua – the importance of point six cannot be overstated.

The re-foreclosure suggestion is not valid

Re-foreclosing on these properties in not likely as has been suggested by bank layers in light of the Bevilacqua ruling. We aren’t talking about Donald Trump here and we have a funny feeling he won’t be affected either. Mostly it’s guys like Bevilacqua who bought single or multi units, in the “hundreds of thousands” range. It seem unlikely that the major

via livinglies.wordpress.com

Northwest Trustee Services and Routh Crabtree Olsen CONTINUE to Conduct Trustee Sales on THEIR OWN PROPERTY!

This email went out last week to all subscribers to the www.USA-Foreclosure.com website which is owned and governed by common executives who founded ALL of these companies. PCC, or Pacific Corporate Center, is a privately owned multi-plex, housing BOTH Northwest Trustee Services and Routh Crabtree Olsen (their "Sister Firm") and legal representation. Who owns PCC? Routh Crabtree Olsen. Not only are they conducting Trustee Sales on PRIVATE property, they are conducting them ON THEIR OWN PROPERTY and restricting access by making it more troublesome for people to attend.

If you have been to Seattle, you know that, as the locals say, "There is NO FREE PARKING in Seattle". It is also VERY crowded and very busy.  It would probably be uncontested for me to say that if you wanted to attend a foreclosure auction at this location, you would have to be determined, to say the least. 

Some background from first-hand experience: When a borrower fights a wrongful foreclosure being conducted by Northwest Trustee Services, the borrower receives correspondence ONLY from their legal counsel, Routh Crabtree Olsen NOT FROM THE TRUSTEE WHO IS THEIR ONLY DEFENSE IN WRONGFUL FORECLOSURE BEFORE THE GAVEL FALLS IN A SALE UNLESS A COSTLY LAWSUIT IS FILED. In my case, after several attempts to contact them as outlined in my documents, reply was NEVER received from Northwest Trustee Services regarding questions and concerns on blatant errors in the Notice of Default I received. Instead, I received a reply from Routh Crabtree Olsen, saying that they "were asked to reply on their behalf" as they represent Northwest Trustee Services, Inc.

Later, when our lawsuit was filed, the LENDER'S response was also generated by Routh Crabtree Olsen, in fact, by the SAME attorney, as their counsel. So to make this clear: The SAME attorney who responded to my detailed outline of errors on my foreclosure proceeding saying that they "didn't see a problem, and the foreclosure would proceed as scheduled", is SIMULTANEOUSLY representing the LENDER.  

This happened more than SEVEN WEEKS after my final attempt to contact the Trustee.  Seven precious weeks of time that, had I not been prepared, would have left me only a small amount of time to react legally to their refusal to suspend the Trustees Sale.  It is my opinion that this is standard procedure for them, further hampering a borrower from being able to defend themselves. 

How obvious is it that Northwest Trustee Services is conspiring against borrowers? When the attorney representing our alleged lender Pennymac (oh AND the Trustee's attorney too, of course) advised the court about what the lender advised them they REQUIRED us to pay into the court if we were to prevail as bond ($10,000 PLUS $3000 monthly!! Clearly an attempt to outprice the lawsuit for us) my attorney replied; "Your honor, I think Routh Crabtree Olsen is jumping the gun a little here, as we have not yet served Pennymac anything about this lawsuit." Translation: Routh Crabtree Olsen was putting words in Pennymac's mouth about their monetary demand.  They didn't even KNOW about it yet! This ALONE suggests that Routh Crabtree Olsen and Northwest Trustee Services were working to SUPRESS the lawsuit by making it unaffordable for us.  

So, they wanted us to deposit $13,000 into the court within the month to proceed, and pay an additional $3,000 monthly WHILE the trial proceeded.  Now, this is in ADDITION to the amount we pay our AWESOME ATTORNEY.  He isn't cheap tho,  nor should he be.

***This is standard operating procedure in non-judicial states, by the way.***
Not only does a borrower in wrongful foreclosure have to pay THOUSANDS of dollars to HOPEFULLY gain access to a skilled attorney to represent them (you have NO SHOT without one), THEN you have to suffer the possibility that the court will grant the HIDEOUS bond amount that the TRUSTEE asks for.  It's beyond comprehension.  MOST people cannot afford to do this, and it ABSOLUTELY puts justice out of reach for MOST people. THIS MUST END. 

This is why the Washington Attorney General has filed suit to put a stop to this unbelievably glaring conflict of interest. You can read it here: CLICK HERE

The borrower, in non-judicial states, does not get the benefit of a court to assure the accuracy OR FAIRNESS OR LEGALITY of their foreclosure proceedings. There is no fear of ANY oversight by the foreclosing banks and trustees UNLESS a borrower brings an expensive lawsuit. For obvious reasons, this is usually out of reach for most borrowers.

THIS MUST END. It is ending. 

The Washington Deed Of Trust Act PROHIBITS conducting Trustee Sales on PRIVATE Property. Yet, as this cavalier email below presents quite clearly, the Trustees and their parent firms have utterly NO CONCERN of being stopped, even after the Attorney General HIMSELF filed a lawsuit about the VERY SAME THING, just weeks ago. Could they possibly display less regard for the authority of Rob McKenna? Mr. McKenna even ITEMIZED this very location of illegal foreclosure activity in his statement when he said that they are "even conducting foreclosure sales in private parking garages."  Maybe they didn't get the press release? It was talked about nation-wide.  They seem pretty detatched don't they?

All I can say is, "WOW".

This is the email they sent out, the BOLD is mine for emphasis on my opininion that what they are doing reflects their intention to make it more difficult for people to attend the auctions that aren't INVESTORS and "vetted bidders".

September 22nd, 2011

Dear user:

We are sending you this e-mail because you are a registered user of USA-Foreclosure.com (USAF).

Beginning Friday, September 23, 2011, the Pacific Corporate Center (PCC) will have a new off-site parking location for attendees of the King County foreclosure auctions that take place at PCC every Friday. The new location of the PCC off-site parking is located just north of the PCC and directly across the I-90 freeway at 13620 SE Eastgate Way, Bellevue, WA 98008. Maps and directions can be found visiting PCC Off-site Parking for Auction Attendees page posted in our website.

A PCC Shuttle is provided to transfer attendees between the building and the new off-site parking every 30 minutes. Attendees are advised to call 425-586-1900 or 425-586-1901 to request a pick up, or talk directly to the uniformed lot attendant to call the shuttle for pick up.

PCC Shuttle drop-off locations are as follow: a) At the PCC front door outside the reception lobby and b) PCC off-site parking lot entrance as marked.

PCC advises attendees that vehicles parked at PCC (13555 SE 36th St, Bellevue, WA 98006) without a permit will be subject to tow at the vehicle owner’s expense.

Thank you for your patronage
USAF wants to take the opportunity to thank you continued support and for making USA-Foreclosure the website of choice of foreclosure investors. USA-Foreclosure.com will continue to provide to you the latest foreclosure data direct from the trustees and free of charge.

USA-Foreclosure.com

Contact us for any questions: info@usa-foreclosure.com

Here It Comes: Hide Yer Kids, Hide Yer Wife And Hide Yer Husband Too...

You done lefyer fingerprints all over, YOU ARE SO DUMB, You are really DUMB. For Real.

There is a MASTERPIECE of journalism that spells out the particular things that have recently occurred that clearly point to what is about to happen.
You must read this article, because it brings all of the recent chaos together in once place so you can attempt to get your arms around the catastrophe that approaches on the horizon.

Read it HERE.

My comments:

I get so tired of the FOX network commentators with their eye-rolling comments about this all blowing over pretty soon, and if only those deadbeats hadn't bought houses they couldn't afford...

For all those who are living in a vacuum:
The crisis was caused by herculean fraud perpetrated by wall street executives and their hedge fund co-horts and the big banks. They cooked up a scheme to leach money from the largest consumer/government supported cash-cow they could think of, which turned out to BE the mortgage market.  There is NO ARGUMENT that a FEW people made poor decisions, even willfully lied to get a bigger loan so that they could have a really nice house, in an act of huge PERSONAL GREED FOR MORE FOR THEMSELVES.  Shame on them, and they should lose their house.

But these decisions, NOT ONE OF THEM, were made with the consideration that, "GEE, this MIGHT destroy my country and even national economy and bring financial armageddon!" Many Wall Street Firms CANNOT SAY THE SAME THING.  Remember this about Wall Street Criminals:

IN FULL AWARENESS OF THE POTENTIAL CATASTROPHIC NATIONAL CONSEQUENCES THEIR ACTIONS WOULD LIKELY CAUSE:

• THEY CAUSED people to take out mortgages they couldn't afford. They plotted elaborate marketing campaigns to capture people's trust and to inspire false expectations about what they were able to have for themselves.
• THEY CONVINCED people to take chances they couldn't take and falsely allayed their fears of financial consequences of these chances by making FALSE CLAIMS about what they were <and WERE NOT> signing themselves up for.
• They reassured people that this was the financially SMART thing to do: "Pay of your credit card debt with a tax-deductible mortgage!!"
• They lobbied congress to pass laws and loopholes to allow them to conduct illegal business without fear of regulators shutting them down.
• They exploited the public trust in our financial regulators in that the loan broker must be telling me the truth, because he would get into BIG TROUBLE if he didn't! <it sickens me to write this after what happened to me with Paramount Equity Mortgage>

They built a financial HINDENBERG in a great, secret hangar on Wall Street, sucked greedily on the toxic helium teat and dreamed up even bigger profit schemes... and the balloon grew and it grew and it grew... Unconscienable wealth was had by individuals who couldn't believe their genius at scamming BOTH the US Government AND the American Public.  One of these Executives even said that the only thing they needed to fear was: PUBLIC AWARENESS.
 
It is now, finally, inevitably, about to explode.

They are starting to cannibalize each other now. They are turning, wild-eyed to the "Judicial System" to protect them after they have thoroughly corrupted it. They are scattering like roaches beneath the glaring gaze of an ever-more-informed American Consumer who, like a recovering drug addict has realized that they were sold something that was known to be addictive and would destroy them, but would enrich the person selling to them.

They are angry. They want blood, and BLOOD THEY SHALL HAVE.

Wall Street yells: "It will cause an economical meltdown! There will be hardship!"

***HARDSHIP???!***

Have you been paying attention?
We have been enduring hardship and loss for TWO YEARS NOW! We have nothing left to LOSE!

We stand together with our torches and our pitchforks and we are coming for you. Our voice has to be awfully loud to drown out the BIG GUYS on Wall Street... but eventually, we will drown them out.

Your worst enemy: PUBLIC AWARENESS has arrived, and we have an invitation for you...

PennyMac (AKA Countrywide) Recruits Yet Another Former Countrywide Exec Back Into Their Circle Of Sleaze

PennyMac Announces the Addition of Doug Jones to Grow Correspondent Lending Business

(Social Apocalypse Editorial Comments in RED Italics)

CALABASAS, Calif.--(BUSINESS WIRE)--Private National Mortgage Acceptance Company, LLC (the “Company” or “PennyMac”) announced today that Doug Jones will join the Company as its Chief Correspondent Lending Officer, effective immediately. In this role, Jones will lead and grow the correspondent lending activities of the Company and PennyMac Mortgage Investment Trust (NYSE: PMT), including production, operations, counterparty management, and development of a warehouse lending business, and will serve on PennyMac’s executive management team.

“I am excited to be involved with an enterprise that is having a positive influence on the availability of mortgage credit and to join a skilled, tenured management team (whom he has known and plotted and schemed with for years)”

Jones joins PennyMac from Bank of America where he most recently served as the head of Retail Sales & Institutional Mortgage Services for Bank of America Home Loans. At Bank of America, Jones led the country’s largest correspondent lending business with responsibilities for all aspects of operational management and business development. (before that, he was at COUNTRYWIDE with Stan Kurland)

“Doug is a highly regarded mortgage executive whom I have known and worked with for many years,” said Stan Kurland, Chairman and CEO of PennyMac. (yes, because they were at Countrywide together) “Our management is excited to welcome him to PennyMac’s (MAFIA) leadership team. Doug will build on the existing foundation we have established ( in years past when we were at Countrywide and cooked up a genius scheme for creating toxic junk to sell multiple times and own all of the residential real estate in America)  in correspondent lending and lead our (treasonous acts) activities to the next level.”

“PennyMac has enormous potential to bridge the significant gaps that exist in the origination market, which will only grow with the expansion of the prime non-agency market as the agencies’ conforming loan limits are reduced,” Kurland added. “With the addition of Doug, PennyMac is continuing to advance its business model (of purchasing their legacy of toxic mortgages for PENNYMACS on the dollar, then foreclosing on them, and then selling the homes, multiplying their profit exponentially, while the US Treasury and Banking Regulators looks for their ass with both hands) as the legacy distressed and new mortgage markets converge.”

“I am excited to be involved with an enterprise that is having (it's way, raping) a positive influence on the availability of mortgage credit and to join a skilled, tenured management team,” Jones said. “PennyMac is the right place to build a correspondent lending business in this (free-for-all of our own creation) new environment for conventional and government originations as well as the evolving non-agency markets. I strongly believe that the combination of PennyMac’s expertise (Inside Knowledge) and structure is a winning model for establishing the (monopoly) preeminent mortgage banking enterprise in the coming years.”

Jones joined Countrywide Credit Industries, a predecessor to Bank of America Home Loans, in 1997. Prior to Countrywide, Jones was CEO of California United Bank’s Mortgage Division. He holds a BA in Economics from California State University, Sacramento.

via www.businesswire.com

Nation's Biggest Loan Processor, LPS, Subpoenaed In California Mortgage Fraud Probe

SACRAMENTO
May 25, 2011 10:20am

•  Robo-signing part of wide-ranging investigation

•  ‘California homeowners have been exposed to fraud and crime at every step of the mortgage process’

Lender Processing Services Inc. has been subpoenaed by California’s attorney general as part of a wide-ranging investigation into possible mortgage fraud.

 

Attorney General Kamala Harris says the issue of "robosigning" of mortgage documents is the current focus of the probe into illegal activities in the mortgage servicing industry, especially misconduct affecting borrowers facing, or in the midst of, foreclosure.

 

Robosigning is the practice of signing documents used by banks or mortgage servicing companies to foreclose on borrowers without verifying their accuracy -- often thousands of different documents signed by a single individual per day. In many cases, the robosigners don't even read or understand the document they are signing.

 

"California homeowners have been exposed to fraud and crime at every step of the mortgage process," says Ms. Harris. "Justice demands we come to their aid and a key step in that is to investigate robosigning and the potential for inaccurate or unjust foreclosures."

 

via www.centralvalleybusinesstimes.com

... heard from LPS headquarters: "Mayday Mayday Mayday"

Pennymac, Piggyback, Kickback, It's A Federal Fact-Let's Play Some Racketeering Ball!

So follow me on this one, it's such a heartwarming story...

Countrywide made fraudulent mortgages.

Countrywide's executives leave the company BEFORE the S**T hits the fan, and leave Angelo Mozillo holding the stinking bag. (Stanford Kurland is the CEO of Pennymac)

Former Countrywide execs start a new company called PENNYMAC, financed by BLACKROCK and HIGHFIELDS CAPITAL, and BUY all fraudulent loans they can get their hands on for pennies on the dollar. (So they get paid AGAIN)  Guess what they bought, among other things????  YEP!  Stinking COUNTRYWIDE LOANS!

So are you with me?  BLACKROCK gives KURLAND the money to start PENNYMAC and BUY Countrywide TRASH.  NOW BLACKROCK IS SUING Bank of America for fraud.

Is there any mystery how they knew exactly how to get that done?  I bet Kurland was a GREAT HELP.  What a grand scheme...  Isn't this against the law?  Isn't this called RACKETEERING???

January 2009:
THEN they bought more than $500 million of mortgages from the Federal Deposit Insurance Corp. in a deal under which both parties would share in gains and losses. <hmmmmm...>

THEN: <and this reeeeeeks>

May 2009:
U.S. Treasury awarding contracts to Blackrock, and what is the nature of these contracts? We start with Larry Fink, CEO of Blackrock, who has stayed close the the Fed and the Treasury and has formed a strong bond with government officials. They, in turn, have given contracts to Blackrock during the financial crisis. One could say that that Blackrock and the Fed and the Treasury are joined at the hip. So even in bad times Blackrock has prospered from the generosity of the government.

Is it just me?  WHY doesn't this seem right???

And let's not forget, that the State of GEORGIA served them with the dreaded CEASE AND DESIST for operating as a mortgage servicing company without a license. 

 

Washington State Homeowner's Open Letter To Governor Gregoire About Possible Trustee Misconduct

Dear Governor Gregoire;

I am writing to you on behalf of myself and MANY colleagues with whom I communicate publicly regarding my grave concerns about a large law firm and large trustee company and other related companies (with common benefactors) with enormous impact to citizens you are sworn to protect.    

It is my expectation that you will receive this letter in the spirit it is intended, as important information and notification about what I feel strongly is an ongoing business practice that is single-handedly responsible for the illegal foreclosure sale of thousands of homes in Clark County and throughout the State of Washington.  These organizations operate boldly and seemingly without fear of consequence.  It is my belief that this is due in large part to the likelihood that the authorities who would stop them are unaware of the scale of their abuse of the public's right to legal procedure of foreclosure action.  Our Attorney General's Office and his staff are aware of it to some extent, but I believe you would be doing all of us a great favor by communicating your support of his investigations into this very serious matter.

 

The organizations to which I refer are Routh Crabtree Olsen, P.S. and Northwest Trustee Services, Inc. headquartered in Bellevue, Washington.

 

These two companies share common executives, and indeed, ownership.  My family is currently in litigation with these companies, and are attempting to seek restitution privately for the catastrophic damage they have caused by circumventing the legal protections already provided in Washington State law by creating a subversive network of services which, ultimately, report to the same owners.  It is impossible to assert that a Trustee is providing equal good faith to the borrower and the lender when the law firm who represents the Trustee ALSO represents the LENDER.  The law says that the Trustee must not have any fiduciary obligation to EITHER.  Our Deed of Trust Act (RCW 61.24) addresses these crimes, however, nobody has been successful in stopping this rampant fraud and conflict-of-interest that happens every Friday in the gazebo near the courthouse.  I submit to you that they are clearly, on multiple counts, guilty of Criminal Profiteering, and for the good of our state, MUST be checked.  The improprieties exhibited in our case alone are outrageous, and I can only assume that it happens all the time, our case is very fundamental.

 

I do not count myself among those who call for a blanket-moratorium on foreclosure actions.  I feel strongly that many foreclosure SHOULD happen, and it would be harmful and unfair to ethical lenders to prohibit them from pursuing their rights in defaults.  However, discerning between proper foreclosures and improper foreclosures in our state lies fully in the Trustee's authority.  If there is a problem, it is the Trustee who must bring it to resolution.  That is not happening in MOST cases, and indeed, you have constituents who are literally at the mercy of these horrifically fraudulent Trustees who have no intention of stopping a foreclosure sale.  Our case exemplifies that.

 

My family is well-represented, and we do not seek help with our case.  I appeal to you on a much higher level, on behalf of the citizens of the State of Washington.  Please investigate this travesty, and if you find that our rights are being violated, please act with appropriate measure of consequence.  These people clearly have put a great deal of effort, expense and planning into the devious nature of their "fraud factory".  It is quietly churning people into the streets, people who do NOT have many thousands of dollars to stop them in a judicial foreclosure (as they often orchestrate by asking the courts for huge bonds in order to restrain a sale).  This effectively removes any barriers to wrongful foreclosure, and they are making immense profit.  The only people who can raise a claim to being violated, are effectively oppressed from doing so by the deliberate castration of their options by Routh Crabtree Olsen.

  

After repeated appeal to Northwest Trustee Services Inc. regarding egregious errors on our foreclosure action documents, we NEVER received response from our Trustee... it was ONLY from Routh Crabtree Olsen, who now ALSO represents our alleged "lender" in the lawsuit (the same attorney too).  CLEARLY a violation of the Deed of Trust Act AND The Washington State Bar Code of Ethics.  

 

We are spending many thousands of dollars to defend what SHOULD be a clear case of illegal activity that should be stopped by a judge.  Most people do not HAVE many thousands of dollars when they are in foreclosure, that's WHY they are in foreclosure.  This is WRONG, and in court yesterday, I read the bold statement above Her Honor's head, "No person shall be deprived of life liberty or property without due process of law."  It was rather ironic, because that right has been effectively squashed by the demanding of a $10,000 "security bond" by the opposing firm.  That is unconscionable. 

 

I would be honored to provide you with any information you would like in order to satisfy yourselves that there is a need for supervision.  You are welcome to contact my attorney to gain his opinion as well, if it would be of use.  

 

Washington State law is completely adequate in my opinion to protect citizens from wrongful foreclosure.  Rather, it is ENFORCMENT of it that is falling very short.  These companies have effectively muted the law, and disabled it's reach.  The average homeowner who is the victim of a WRONGFUL foreclosure, unless well funded and able to get the help of an attorney skilled in this special area (not many) they are doomed to losing their home.  They have constructed a foreclosure MACHINE.  They operate in this manner in NINE STATES and the "Trustee" boasts to their "clients" (the lenders) of their 250,000 SPEEDY foreclosure sales.  There appears to be something very seriously wrong and we implore you to act.

 

Very highest regards;

Theresa Baker

La Center, Washington

 

Social Apocalypse here.  If you are Washington State homeowner who feels they are a victim of illegal activity by your Trustee, then I urge you to contact the State Attorney General, Rob McKenna and fill out a complaint.  HE DOES get them, HE IS investigating, and he WANTS YOU TO LET HIM KNOW!  (I know this to be true!)  You can do it very easily: CLICK HERE

You can also contact Governor Christine Gregoire about it: CLICK HERE

It is our civic duty to report crimes and fraud.  If they don't know about it, they can't do anything about it.  YOUR VOICE MATTERS!

 

UPDATED! "Straw Trustees" hacking up borrowers in 27 NON-Judicial States in a full-court-press and there's no referee.

It's particulary interesting to really LOOK at what Washington State law says about proof of standing to foreclose.  Your "lender" is hoping you won't.  Your foreclosure Trustee is hoping you won't.

 

NEW 8/22/2011

 

Washington State attorneys David A. Leen and Sheila M. O'Sullivan filed the following Motion to Disqualify in The United States Bankruptcy Court in the District of Western Washington.  

Here's the deal: When the court grants this motion, it will set a critically important precedent in not only Washington State, but in other non-judicial states as well.  It is almost routine for non-judicial foreclosures to follow this exact course of actions in most non-judicial states.  

 

***In my opinion the allegation here should be RACKETEERING. ***

 

This is a precise, pre-meditated effort on the part of the executives and principles of these "Foreclosure Mills" to create a "turn key solution" (From the website of one of them) to banks to expedite the foreclosure process and sale of borrowers' homes.  As I have been saying for so long: Foreclosure should not be able to be initiated, facilitated, perpetuated or adjudicated by ANY entity who PROFITS from it. Period.

 

Soon, the truth will come out.

 

Enjoy this outstanding presentation of legal expertise, and compare it to the blatantly deceptive behavior on the part of the foreclosure mill attorneys.  Thanks to SUPER HERO Lisa Epstein at www.ForeclosureHamlet.org for posting it. UNSPEAKABLY beyond belief:

Washington State Disqualify Representation - Motion 2011-08-17

 

It would really be helpful if Washington law was upheld via JUDICIAL CHALLENGE.  Perhaps this could be a helpful strategy to victims in our state who do NOT have about $10,000 in reserve to meet the financial demands of actually challenging a wrongful foreclosure.  

 

File a PERJURY complaint with the Attorney General, and notify your "Trustee" that it has occurred and you demand proof of standing, they are (supposedly) required to look into it.  I can tell you from experience they won't, and here's why:  There are SOME that are being paid by the foreclosing servicer to "get the sale done"... whatever it takes.  

 

In some cases, there is no real "Trustee" (I call them "Straw Trustees").  They are in name only, via a sign hanging on a door, often across the hall in the giant office building owned by their parent company, THE LAW FIRM who represents THE LENDER, as required by Washington Law, to give the appearance that they are a separate entity.  In many cases, the foreclosing lender's law firm, is in fact, "the trustee".  Conflict of interest?? On SO MANY levels...

 

RCW 61.24.130 Restraint of sale by trustee — Conditions — Notice.

(1) Nothing contained in this chapter shall prejudice the right of the borrower, grantor, any guarantor, or any person who has an interest in, lien, or claim of lien against the property or some part thereof, to restrain, on any proper legal or equitable ground, a trustee's sale. The court shall require as a condition of granting the restraining order or injunction that the applicant pay to the clerk of the court the sums that would be due on the obligation secured by the deed of trust if the deed of trust was not being foreclosed.

Now, most people take that to mean that any involved party to the sale should be able to restrain a trustee's sale if something is seriously amiss.  It's true, you can, but the reality is that WHEN you do it involves much more than raising your hand and saying "Whoa!  There's a big problem!"

It takes a lawsuit.  It takes a COMPETENT attorney that understands judicial foreclosure in Washington State (VERY RARE).  Most do not, and WILL NOT represent you because they are not experienced enough.  There are actually about TWO attorneys in the whole state that can actually TRULY handle this sort of litigation.  There are fewer than 5 out of 100 residential foreclosures in Washington that are JUDICIAL.  There is not much need for foreclosure litigation expertise.  Homes are silently auctioned off, every Friday, by the thousands, without so much as a cursory glance by ANYONE who has the borrwer's interest in mind.

Washington has foreclosure mills just like Florida.  They are cunning, they are well staffed, and well funded, and here's the REAL kicker: there are foreclosure mills in this state who OWN the ENTIRE CHAIN of companies that are involved in "protecting" the borrower from wrongful foreclosure.

• They own the process server that swears they served the notice lawfully.
• They own the title company that guarantees the title is clear to the buyer at auction.
• They own the TRUSTEE that, by law, must act in good faith to the borrower AND the lender.
• They own the law firm that represents the Trustee, and SIMULTANEOUSLY as in my own case, THE LENDER!!!  Yes, you read that correctly.  The lender's attorney, and the trustee's attorney are ONE AND THE SAME in my lawsuit!  Code of Ethics violations anyone???  Only if I spend a bunch more money on it.

Now, that seems like a deck stacked against any chance of justice being served to the borrower, doesn't it? My friends, it is.  It is very much against the law, it's against the Washington State Bar's Code of Ethics, and it's just plain WRONG.

 

How does it continue to go on? Quite simply, nobody has stopped them, it's the old law of "there must be a reason NOT to do something as well as a reason to DO it."  It's as simple as that.  So far, in Washington State, nobody has spent many, many thousands of their own personal dollars to put a stop to this CRIME via filing lawsuits.  Until now.  I did, and we are doing our part.  YOU can file a complaint with our Attorney General, Rob McKenna, who is SPECIFICALLY targeting these unlawful trustees and hopefully soon, will put an end to the SLAUGHTER of justice that is happening in this state.  He is working hard, and needs your help.  

 

File your complaint HERE.

Read Rob McKenna's warning to Washington State Trustees HERE

Read AG Rob McKenna's SECOND warning letter on MORE violations HERE

  

THEN the party bringing suit to STOP the sale must file a lawsuit after finding an attorney who will do it (oh by the way, if you are a typical citizen who is unsophisticated to deed of trust laws, you will find out that your house is about to be foreclosed in 120 days.  The clock starts ticking.  It's actually far less than that, because the lawsuit you must bring to stop it must be drafted, filed and SERVED 5 days BEFORE the sale date, at the latest.)

 

Here is what some states are bringing to the front: just because foreclosure happens as non-judicial, it does NOT mean that the state's deed of trust laws can be IGNORED.  And ignored they are, every Friday, at the Trustee's sales, that are often happening ot THE TRUSTEES OWN PRIVATE PROPERTY (also illegal).  Using Washington as an example, let's just explore what's going on and what you can do about it.

 

Washington laws specify DOCUMENTED transfers to PROVE chain of title.  YES, MERS can legally initiate a non-judicial foreclosure action by serving a notice of default, but it CANNOT be the "PROOF" in and of itself to simply state that the chain is complete.  It must supply documented transfers on paper to support it's claims when challenged in a JUDICIAL foreclosure:

 

RCW 61.16.010 Assignments, how made — Satisfaction by assignee.

Any person to whom any real estate mortgage is given, or the assignee of any such mortgage, may, by an instrument in writing, signed and acknowledged in the manner provided by law entitling mortgages to be recorded, assign the same to the person therein named as assignee, and any person to whom any such mortgage has been so assigned, may, after the assignment has been recorded in the office of the auditor of the county wherein such mortgage is of record, acknowledge satisfaction of the mortgage, and discharge the same of record.

When the foreclosing "creditor" CANNOT provide the documented chain of transfers to prove their DECLARED standing to foreclose, then that means that, in Washington State, MERS (or the "creditor") perjures itself when it says it had standing to foreclose when initiating a non-judicial foreclosure and then follows up with manufacturing allonges and transfers to support it's action. 

***PERJURY IS A FELONY***

 

RCW 61.24.030 states that foreclosure can be initiated on the declaration by the BENEFICIARY UNDER PENALTY OF PERJURY that they have proof (not that they will in the future after they fabricate it), but the declaration ITSELF is NOT "PROOF".  The notarized transfers/allonges are proof, and must be produced in trial upon contest by the borrower, or interested party.  They know whether or not they have them BEFORE they contacted the trustee to conduct the foreclosure.  IF THE TRANSFERS CANNOT BE PRODUCED, they they are guilty of PERJURY. Period.

 

RCW 61.24.030 Requisites to trustee's sale.

     *** CHANGE IN 2011 *** (SEE 1362-S2.SL) ***

It shall be requisite to a trustee's sale:

     (1) That the deed of trust contains a power of sale;

     (2) That the deed of trust contains a statement that the real property conveyed is not used principally for agricultural purposes; provided, if the statement is false on the date the deed of trust was granted or amended to include that statement, and false on the date of the trustee's sale, then the deed of trust must be foreclosed judicially. Real property is used for agricultural purposes if it is used in an operation that produces crops, livestock, or aquatic goods;

     (3) That a default has occurred in the obligation secured or a covenant of the grantor, which by the terms of the deed of trust makes operative the power to sell;

     (4) That no action commenced by the beneficiary of the deed of trust is now pending to seek satisfaction of an obligation secured by the deed of trust in any court by reason of the grantor's default on the obligation secured: PROVIDED, That (a) the seeking of the appointment of a receiver shall not constitute an action for purposes of this chapter; and (b) if a receiver is appointed, the grantor shall be entitled to any rents or profits derived from property subject to a homestead as defined in RCW6.13.010. If the deed of trust was granted to secure a commercial loan, this subsection shall not apply to actions brought to enforce any other lien or security interest granted to secure the obligation secured by the deed of trust being foreclosed;

     (5) That the deed of trust has been recorded in each county in which the land or some part thereof is situated;

     (6) That prior to the date of the notice of trustee's sale and continuing thereafter through the date of the trustee's sale, the trustee must maintain a street address in this state where personal service of process may be made, and the trustee must maintain a physical presence and have telephone service at such address; 

     (7)(a) That, for residential real property, before the notice of trustee's sale is recorded, transmitted, or served, the trustee shall have proof that the beneficiary is the owner of any promissory note or other obligation secured by the deed of trust. A declaration by the beneficiary made under the penalty of perjury stating that the beneficiary is the actual holder of the promissory note or other obligation secured by the deed of trust shall be sufficient proof as required under this subsection. (exonerates Trustees, I guess, when "beneficiary" gets caught with their pants around their ankles)

     (b) Unless the trustee has violated his or her duty under RCW 61.24.010(4), the trustee is entitled to rely on the beneficiary's declaration as evidence of proof required under this subsection.

(but when the borrower sends certified letters detailing fraud and discrepancy, they are REQUIRED to look deeper, not just "ask" the beneficiary what they think. When clear conflict arises, the satisfaction of proof of standing by "declaration" becomes VOID, and burdens the TRUSTEE to DEMAND PROOF. That is their DUTY according TO THE LAW.

Read more about Trustee Misconduct happening in Washington State HERE

Read more about Trustees holding sales on their own private property HERE

Read more about Trustee Misconduct via Niel Garfield HERE

See if YOUR Foreclosure involves these firms, and ACT NOW!

Right now, in Washington State, non-judicial foreclosure is like taking cops off the street and telling people to write themselves tickets if they speed.  Let's put some teeth back in the laws.  The laws are THERE.  They are GREAT and don't need to be changed.  (That's the good news.)  Now here's the hard part:  We have to throw a wrench in the gravy train and STOP THESE THUGS.  Do what you can.  Spread the word by sending this post to anyone and everyone you know in Washington State who might benefit from this knowledge.

Legal help IS available, via the NW Justice Project.  It's not the BEST solution, but it's A SOLUTION, and a start.  Don't let somebody steal your rights.  If you feel you are being wrongfully foreclosed on, GET HELP.

CLICK HERE TO FIND HELP Tell them Social Apocalypse sent you :)  We are all on the same team.

KABOOOM! Lender Processing Services Slapped with $155 MILLION WAMU LAWSUIT BY FDIC!!

 This appeared on the SEC filings for Lender Processing Services today.  I was inspired to check it out after watching a sudden, unexplained implosion of their stock price at the closing bell today.  Interesting, and probably related, the FDIC, because of the WAMU failure, is holding LPS responsible to an extent, as evidenced by the below lawsuit.

What I can't help but think, is IF the appraisals are found to be fraudulent for WAMU, and LPS handles a great majority of lender and servicer-related tasks NATIONWIDE... Well, you can see where I am going with this.

It might be LIGHTS OUT for Lender Processing Services.

Game OVER.

Nighty Night.

Ciao.

ITEM 7.01. REGULATION FD DISCLOSURE

The Federal Deposit Insurance Corporation (“FDIC”), in its capacity as Receiver for Washington Mutual Bank (“WAMU”), filed a complaint on May 9, 2011 in the U.S. District Court for the Central District of California to recover alleged losses of approximately $154,519,000. The FDIC contends these losses were a direct and proximate result of the defendants’ alleged breach of contract with WAMU and alleged gross negligence of the defendants with respect to the provision of certain services by LPS’s subsidiary LSI Appraisal LLC, an appraisal management company. In particular, the FDIC claims that the services provided failed to conform with federal and state law, regulatory guidelines and other industry standards, including specifically the provisions of the Uniform Standards of Professional Appraisal Practice (“USPAP”). LPS previously described the possibility of this suit in its Form 10-Q filed May 5, 2011.

In its complaint, the FDIC cites, as the cause of the damages claimed, 220 appraisals performed between June 2006 and May 2008. However, for more than 75 percent of the appraisals identified by the FDIC, LSI was contracted only to provide reviews of appraisals, not to conduct the initial, full appraisals. For these properties, the full appraisals were provided by other entities, unrelated to LSI. For all appraisals subject to this complaint, LPS believes there is no basis for a claim that LSI engaged in “gross negligence” or breach of contract related to these appraisal services.

Appraisals are estimates of value provided by a licensed real estate appraiser. A review is an industry accepted methodology used to evaluate the data gathered by the appraiser to support the conclusions of the original appraisal report. A review, by definition, and as originally agreed to by LSI and Washington Mutual, is not a product to be used for assigning a value to a property, making a loan, determining the quality or creditworthiness of a borrower, or determining the viability of a borrower’s ability to repay a loan. It is also not an insurance policy against non-repayment of a loan or a substitute for appropriate lending practices.

LSI’s appraisal management process and its network of appraisers meet industry standards and undergo well-documented and rigorous evaluations that conform to the Uniform Standards of Professional Appraisal Practice (USPAP). LPS believes that any loan losses are not because of appraisal issues, but are due to the quality of underwriting by WAMU, borrowers defaulting and the weakness of the economy after the loans were made, among other factors.

LPS contends that the services LSI provided satisfied the terms and conditions of its contract with WAMU and were not performed with gross negligence. Due to the early stage of this matter, however, it is not possible to predict the outcome or the amount of possible loss, if any, that may result from this matter. LPS stands firmly behind the integrity of the services it provides to the mortgage industry and intends to vigorously defend itself against these allegations.

http://google.brand.edgar-online.com/displayfilinginfo.aspx?FilingID=7920971-3178-6422&type=sect&TabIndex=2&companyid=774307&ppu=%252fdefault.aspx%253fsym%253dLPS