Social Apocalypse

Are Remotely-Processed Mortgage Assignments Another Smoking Gun?

Robosigning is not a victimless crime. The reason we have careful, document-intensive processes for handling real property is that it is the foundation of a nation’s wealth. A home is most families’ biggest asset. The practice of having independent parties verify the validity of signatures dates back to the 1677 Statute of Frauds. It was implemented because the lax evidentiary standards of the early 1600s allowed rich people to hire experts who would swear falsely in court about the ownership of property. The result was court-sanctioned theft and rising disorder.

via www.nakedcapitalism.com

An OUTSTANDING article displaying the RIDICULOUS notion that the trail of fraud in the mortgage assignment chains is anything but smoke and mirrors. This is an EASY read, even for those who are just now starting to grapple with the enormity of the heist that has occurred against American Homeowners.

This is NOT about who is or is NOT current on their mortgage. It is about BROKEN CHAINS OF TITLE on MOST mortgages!! Think you are fine because your payments are current? Wait till you try to refi or sell your home... THEN you will see why everyone is squawking.

TILA RESCISSION MAKING COMEBACK AND BANKS ARE FIGHTING TOOTH AND NAIL « Livinglies's Weblog

TILA RESCISSION has come to nothing — until now. The Federal Law is clear. “I hereby rescind” is enough to cancel the contract. After that the contract  is over, there is no arbitration clause, and there is no security interest. The “lender” must send the note back cancelled and if they have filed or recorded a security interest, like a mortgage, they must release it by filing a release and reconveyance or a satisfaction of mortgage.

via livinglies.wordpress.com

Now let’s talk about the ***PENALTY*** for NOT RESPONDING to the rescission, because rarely does anyone talk about this IMPORTANT PIECE.
This is what happens 98% of the time (and did with OUR rescission MORE THAN TWO YEARS AGO!). The lender will “deny your rescission” via a curt letter. THIS IS A NON-RESPONSE and not allowed under the law. They have NO AUTHORITY over whether or not you can rescind!!! ONLY THE COURT DOES. We are STILL in litigation over the fact that they CANNOT FORECLOSE WHEN THE NOTE IS VOID UPON RESCISSION. ***THEY HAVE NO STANDING.***
There is copious case law which states that when the lender does not respond timely to the rescission (within 20 days) they will FORFEIT any right to tender. This is logical, as otherwise THERE WOULD BE NO INCENTIVE TO RESPOND TO THE RESCISSION within 20 days! For a lender to ignore a rescission, put a borrower through the HORROR of years of litigation and all of the expense, arriving at the final decision of the court that the rescission WAS VALID, and then cry that they are entitled to TENDER just as though they did everything right… is plainly UNCONSCIONABLE and rewards them for their vile behavior.
When the lender fails to respond to the rescission, it does not change the fact that the note is IMMEDIATELY VOIDED UPON RESCISSION. They are now trying to collect an UNSECURED DEBT (usually in a foreclosure action) and therefore are NOW SUBJECT TO WRONGFUL DEBT COLLECTION PENALTIES PER THE FDCPA.
***FDCPA STATES TREBLE DAMAGES FRIENDS.***
We’ll keep you posted… but our rescission was carefully and perfectly executed, and there is NOTHING that they can do to say otherwise. Their opportunity to contest the rescission was within the 20 days following it via declaratory action. That window of opportunity has closed, and they no longer retain any rights as a “LENDER”.
Now they will face severe damages and fines for what they have (and are) putting us through. Every phone call, every statement, every debt collection, public advertising of debt owed, threatening to take our house they do not have a note for, and other false claims, all are illegal per FDCPA. It’s time to END this terrorism. THANK GOD the courts are FINALLY starting to see behind the curtain of greed.
RESCIND YOUR FRAUDULENT MORTGAGE NOW!!!

Steven J. Baum: Would you like some CHEESE with your WHINE? Sorry, but America does NOT feel sorry for you! Thank YOU JOE NOCERA!!

“Mr. Nocera — You have destroyed everything and everyone related to Steven J. Baum PC. It took 40 years to build this firm and three weeks to tear down.”

Earl Wilson/The New York Times

Joe Nocera

Go to Columnist Page »

Related Column

Joe Nocera: What the Costumes Reveal (October 29, 2011)

Readers’ Comments

Readers shared their thoughts on this article.

• Read All Comments (145) »

Thus began a lengthy e-mail that I received, on Thursday evening, from Steven J. Baum, the owner of his eponymous law firm, the largest “foreclosure mill” in New York State. Foreclosure mills, of course, are firms that represent banks and servicers trying to foreclose on the millions of homeowners who have defaulted since the housing bubble burst.

via www.nytimes.com

This article by Joe Nocera was particularly sweet to behold. I read it twice, just to feel that lovely glow again: An UGLY foreclosure mill gets destroyed by JUSTICE. We don't see enough of it, so when it happens, it's relished. Thank you Joe Nocera for sharing it with the nation. It gives us all a little hope that if we live long enough, we will see some justice.

Maybe we should all stage a nice Halloween party where we all dress up like the soon-to-be unemployed Steven J. Baum employees. It would actually look a LOT like the one they had there at their firm with our homeless signs... Ah the sweet irony. I hope they kept their costumes, they can reuse them now, FOR REAL.

Hermann Goering Prophecy: Chilling

KABOOOM! MERS Sued by Delaware Attorney General

KABOOM | Mortgage Electronic Registration System (MERS) Sued by Delaware Attorney General

Posted by 4closureFraud on October 27, 2011 · Leave a Comment 

MERS Mortgage Registry Sued by Delaware Attorney General

Oct. 27 (Bloomberg) — The Delaware attorney general’s office sued Merscorp Inc., which runs a national mortgage registry used by banks, saying its practices are deceptive and hide information from borrowers.

The MERS database, which tracks ownership interests in mortgages, obscures information from borrowers and impeded their ability to fight foreclosures, Delaware Attorney General Beau Biden said in a complaint filed today.

“MERS engaged and continues to engage in a range of deceptive trade practices that sow confusion among consumers, investors and other stakeholders in the mortgage finance system, damage the integrity of Delaware’s land records, and lead to unlawful foreclosure practices,” Biden said.

MERS tracks servicing rights and ownership interests in mortgage loans on its electronic registry, allowing banks to buy and sell loans without recording transfers with individual counties. MERS acts as the lender’s nominee and remains the mortgagee of record as long as the note promising repayment is owned by a MERS member.

Banks and investors have the true economic interests in the loans, and the ownership of the mortgage notes is purportedly recorded in the MERS registry, to which the public has limited access, according to Biden. Biden said the system is “frequently inaccurate.”

More Here: 4closurefraud.org

WOO HOO! NOW WE ARE TALKING ABOUT SOME GOOD NEWS!

THIS IS HUUUUUUGE!

I have been harping for a longggg time about what would happen if the privately-owned (and doctored) land records inside of MERS suddenly DISAPPEARED. IT WOULD MEAN FREE HOUSES FOR EVERYONE WHO HAS MERS IN THEIR CHAIN OF TITLE.

MERS is now caught in it's OWN trap... It will be FORCED to turn over ALLLLL of it's hocus pocus via subpoena, and in so doing, will expose SO MUCH FRAUD that the banksters will cower in horror under their covers.

SOMEONE will blow up the joint first! AND SO WILL GO MOST OF THE LAND RECORDS IN THIS NATION.

This is EXACTLY WHY you cannot entrust our land records to a PRIVATE COMPANY.

But they thought everything would be JUST FINE.

Keep sending your mortgage payment to some fat cats whom you DON'T OWE A DIME TO.

Wow, great news. I prayed that I would live long enough to see it.

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

BOMBSHELL - Massachusetts Supreme Court Rules That Most Foreclosure Sales From Previous 5 Years Are VOID

BOMBSHELL - Massachusetts Supreme Court Rules That Most Foreclosure Sales From Previous 5 Years Are VOID

Source - Amnova

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.

via dailybail.com

Here we go friends! We all knew this was coming. The first major leak in the damn has sprung... You know what happens after that.

Do you see that giant wall of water headed toward Wall Street? I sure as hell do.

GET YOUR MONEY OUT of big banks, if you do nothing else. PLEASE.

Sign of The Times! Routh Crabtree Olsen Needs HELP With Judicial Foreclosures!

Their Craigslist ad that appeared today:

Legal Assistant- Judicial Foreclosures (Factoria)
Date: 2011-10-12, 11:22AM PDT
Reply to: job-yahgt-2646162189@craigslist.org [Errors when replying to ads?]

Routh Crabtree Olsen, PS., an industry leading specialty law firm, is currently recruiting for a Legal Assistant to the Judicial Foreclosures (Washington is NON Judicial) department for our Bellevue office! 

Routh Crabtree Olsen specializes in the representation of financial institutions, substantial investors, title insurers, housing authorities and select businesses in all matters related to licensing, servicing, mortgage banking, consumer finance, special credits, title insurance, real estate finance, and the enforcement of mortgage loans. (AND they are they are owned by the same people who own Northwest Trustee Services, Inc., who are LEGALLY BOUND TO BE IMPARTIAL TO THE DESIRES OF BOTH THE BORROWER AND THE LENDER IN A FORECLOSURE ACTION, I'll leave it to you to decide if this is even possible given their benefactors PROFIT FROM FORECLOSURE SALES.)

Position Summary:
As the Legal Assistant, this person is responsible for assisting the Attorney with a high volume caseload and will work often in our vendor related software. 

Responsibilities:
•Intake of new files and file set up 
•Follow up on missing documents and order title 
•Send out notices for recording 
•File motions 
•Other Duties as assigned 

Skills/Experience:
•At least one year of related work experience preferably in a mortgage or legal setting 
•Familiar with file processing and experience working with attorneys 
•Strong communication and organizational skills 
•High level of proficiency with computers and MS Office products 
•Ability to maintain records accurately, and prepare reports 
•Ability to resolve problems quickly and effectively determine appropriate courses of action. 
•Must be flexible and have well developed interpersonal skills 
•Must be highly organized and self motivated 

We are particularly proud of the long tenure of many of our employees, indicating Routh Crabtree Olsen is not just a great place to do business, but a great place to work as well! 

Click here to apply online: https://www.hirebridge.com/v3/application/applink.aspx?cid=6505&jid=134465

OMG! Twitter went down a few minutes ago. I hope this is just random and temporary... I pray to GOD it is not the government, or things are FAR WORSE than even I was fearful of...