Clerks taking on the robosigners…we should all be so lucky!

 

EVERY COUNTY in the United States has a Register of Deeds, or a Clerk or Court who is responsible for ensuring that documents recorded for your property are correct, and your title remains unclouded. 

 Since the revelation about robosigning has been discovered there has been little news about what will be done to resolve the problem. You may think it is “no big deal” because the homeowner should or could be foreclosed on anyway. BUT, has your home been registered in MERS?….Do you even know? Try to sell your home years from now and you may find false documentation that occurred years before.

While a great many of the documents are filed in the name of MERS, there are plenty of others from the BANKS bearing these same signatures, ask anyone truly fighting for their home and they may ba able to show you signatures on their documents that vary greatly when compared with someone elses documents…even recorded in the same county.

 I know I don’t sign my name EXACTLY the same every time, but the variations we have seen are egregious. It does make one wonder about the “perfect” signature that are actually stamps. While the signature is legitimate, was it really the person “stamping” their name, or someone else?

What does it matter??? If I signed my husband’s name on a document, it could and should be invalidated…it wasn’t him signing it. Same goes here. Problem is that many of the people who are responsible for these recordings are turning a blind eye.

It is not their job to authenticate a signature. Here they can ony authenticate ones that have taken the oath at the courthouse and registered their signature. With thousands of documents coming in a month, I can see how it was simply..”record it” But now that robosigners are known, it is the clerk and recorders job to verify the documents. Unfortunately many are still turning a blind eye and recording them.

Not so for at least two recorders. They have chosen to fulfill the job they were elected for, to be the guardians they were appointed to be. Maybe the people should be foreclosed on, but if it’s done in their counties, it will be done legally.

Below are some of the first brave Registers of Deeds who are standing up for the sanctity of notarized and recorded documents. Some were examining records before the 60 Minutes airing of a story which brought robo-signing to the publics attention. They should be commended and thanked for standing up for your property rights.

You should take it upon yourself t contact your clerk or register of deeds to make the changes needed to protect your own property. Most will not take the stand these men have freely taken, unless pushed by their constituents

http://www.scribd.com/doc/57300997 John O’Brian’s letter

 

 JOHN L. O’BRIEN, JR.Register of Deeds

Phone: 978-542-1704

Fax: 978-542-1706

website: http://www.salemdeeds.com

 Commonwealth of Massachusetts Southern Essex District Registry of Deeds

Shetland 45  Congress Street

Suite 4100

Salem, Massachusetts 01970

 Kevin Harvey

 1st Assistant  Register

978-543-1724 

 kevin.harvey@sec.state.ma.us

Jeff Thigpen

 Register of Deeds Guilford County NC

336-451-5300

mailto: jthigpe@co.guilford.nc.us

Thigpens News release

 

It’s about time someone got around to addressing the poor paperwork in Bankruptcies!

          Two years ago, we still had our rose-colored glasses on concerning bank actions in foreclosure. Lawyer’s rarely questioned the banks. Mine even told me “you will need to produce originals of every payment”. (I didn’t have a problem with that as I did have every payment, wire transfer, and Western Union and their accounting  didn’t match mine) At the time I filed Bankruptcy, I had serious questions and concerns about the monies the bank was presenting to the bank that we owed…where were some of my payments? Why is the amount I calculate so much less than the banks….I’m not THAT bad at math.  I couldn’t understand the system.

     It seemed the bank was purposely submitting this confusing paperwork…because no one would question. The banks “proof of claim” was, at best, confusing, and about twenty pages of “coded” terms and amounts.  Although the system allowed it, I didn’t see one homeowner question the bank, although the frustrated whispers in the hallway seemed to echo my sentiments.

      Throughout the bankruptcy system, it appears that banks have been preying on the naivety of the American consumer, and taking advantage of the inundation of the bankruptcy system. When I filed, I expected that if  As long as all the boxes were checked , and there was a document for each check, nothing much was done.A small town bankruptcy attorney never had to question, it was a routine they had gotten used to, and a little more complicated than the average homeowner can take on pro se. 

      The following article explains how Senator Patrick Leahy is going to make the system work better, hold the banks accountable for inaccurate bankruptcy claims, and give more realistic power to the Trustees.

http://4closurefraud.org/2011/05/27/press-release-leahy-introduces-bill-fighting-fraud-in-bankruptcy-act-of-2011/

Military Families get a little justice

     Some of the hardest hit in this foreclosure crisis are Military families.They are supposed to be protected from foreclosure by The Servicemembers Civil Relief Act, or SCRA. These special credit and consumer protections are afforded those who risk their lives in the service of our country.

     When a property is placed into the foreclosure system one of the Affidavits that are needed to continue is one stating that the person in foreclosure  is not active in the military, or has been out of the service for a specific period of time.

     Thankfully the Department of Justice took two of the banks to task, as  two mortgage loan servicers; Bank of America and JP Morgan (Saxon Mortgage). The number of families affected by just this announcement is over 150, not the smaller number we were led to believe.

     This is only the tip of the iceberg. I am hoping they will get ALL of the banks and servicers who have foreclosed on our military. The settlement may seem like a significant amount, but what price can you put on everything they have gone through? I look forward to seeing more articles like this one:

Continue reading on Examiner.com Foreclosure Settlement – Military families to Receive 122 million – Los Angeles mortgage | Examiner.com http://www.examiner.com/mortgage-in-los-angeles/foreclosure-settlement-military-families-to-receive-122-million#ixzz1NaTTBTkJ

The most interesting and informative take on the mortgage crisis

For those of you who maybe “don’t get it” or has a family member struggling to understand your anger at the mortgage crisis, pass this article on:

http://mandelman.ml-implode.com/2011/05/if-you-think-the-meltdown-was-the-fault-of-homeowners-think-again/

Help me Save Home….and maybe your too…..A Plea to the American Public

It started 4 years ago, the expenses of sending my daughter to college and insurmountable medical problems were too much of a strain to keep up with our 10.75% mortgage we were currently in. We called the bank, and they told us to get a month behind, and we would be considered for a modification , this is when and how our true nightmare began. Many of you have been told that, and have been led down the path of an eventual foreclosure. I followed the banks advice and their “Special Forbearance Plans”, completing or not…whatever they said. This is my story…

     We were not behind in our mortgage, we contacted the bank about a possible modification, we were told since we were not behind, we did not qualify for a modification. They told to “get a month behind” and we will send you the modification paperwork. We did as the bank said, and were placed on a “Special Forbearance Plan”….(I now equate this term to setting you up for foreclosure).

     You name it happened, lost paperwork, lost and misapplied payments. But in the banks eyes we made the mistakes…or didn’t follow through. I think as many of you know, the banks are now notorious for “not getting” paperwork from homeowners. We were denied a modification because we didn’t complete the plan (at the banks direction), so come Hell or High Water we were going to complete the next plan.

     When we completed the plan we got a letter from the bank….”Congratulations your loan is current”. Then, guess what…..we were not behind so we didn’t qualify for a mod. (little did we realize there were months of $84.00 late fees added into our “plan”, and there sat about 3,000 in attorney fees and foreclosure costs waiting to “hit” the account.) From that point on our account was never right.

     It has been over 3 years since I got a “mortgage statement”, and even though I made payments, I only received 1 mortgage interest statement from the bank.

     I have learned by reading my PSA (Pooling and Servicing Agreement) that the bank was allowed to make a 1-time modification to any loan that was current, to the current interest rate, But what would the profit be in that for the bank servicer….NONE. They make more money from late fees etc., and that is why people were asked to get behind

            We listened to the banks. After all we trusted them, but all it led to was multiple attempts of 2 foreclosures, increasing balances and unfulfilled promises. After the bank filed the second foreclosure I questioned the “new” banks name, what was this “trustee” of a mortgage-backed security? I filed Chapter 13 to get to the root of the problem, and hopefully get us on the path to save my home. Instead, the bank I had NOT notified of the bankruptcy filed a secured claim….what?!?!?! Well, by this time I had contacted every Local, State, and Federal agency that had an address as I knew this wasn’t right. I filed a complaint months before with the Office of the Comptroller of Currency about the fraudulent nature of the loan, and it’s servicing. Surely they would look at the facts and be able to get something done…. but to this day their only response has been that they don’t have the authority to resolve factual disputes between a consumer and a national bank. Even with all the accounting I could show connected with my loan and on the banks website, nothing was done.

            I was treated like another DEADBEAT HOMEOWNER, trying to keep up with a loan I never should have gotten in the first place. This seems to be the mantra to all those that have been caught up in the foreclosure crisis. When in fact, it is the opposite. Would a deadbeat home owner love his home as we have, try to save our investment and not destroy it ?

            Not being able to find an attorney, I filed my motions in my non-judicial state pro-se. Naively believing the court system would truly look at the documents and  the facts I was presenting. (In fact the banks attorney NEVER denied providing the court with fraudulent/misleading documents to the court).I requested a hearing…to actually be heard by a judge. To this day I never have gotten into the courtroom. Where’s the justice in that?

    I tried to work with the bank, I explained the evidence I had showing the fraud at the inception of the loan, how they were presenting my loan if not fraudulently, at least misleadingly to the investors in that “beast” they call a mortgage-backed security. I spent every waking hour, and many sleepless nights educating myself on the laws of my state and trying to fight for my home.

            We were placed in mediation, I was still naïve enough to believe presented with the information I had, the bank would do the right thing. So we couldn’t agree…lets compromise. The bank sent me HAMP paperwork, at th same time they were sending me  letter stating my loan was in an MBS nd therefore ineligible for modification.  I offered a solution that would have reduced my principle, but they would still make money on the loan. It would be over $100,000, just at a reduced the interest rate. If they did this I would not pursue them for their fraud. I wanted to pay for my home, but I needed the paperwork to e correct an my title clear.They flatly refused. Their idea of mediation was for me to file Chapter 13 and not change the disputed arrearage amount. That was not an option for us as it would cost close to $3000 a month, being unemployed. They stood their ground, and foreclosed, after all they had won non-judicially and had an order of possession, but I too have stood my ground.

            Where am I now? Still in my home, and with an unbelievable offer. If I give them $14,000 I can buy my home free and clear. Really?!?!?  The only problem is, I have until June 10th  to come up with that amount of money. The bank, having sucked my savings and pension dry has left me with no pool of money to draw from. Once again the bank has dangled a carrot at the end of a VERY long stick. I have placed my valuables on Craigslist, Ebay, and everywhere I can think. I will live in a home with no furniture if that’s what it takes. I am now also appealing to the public.

            I am proposing this to the American public….If you can donate just $1 to help save my home, I will be tireless in my continuing efforts to help fellow homeowners. Continue to bring to light the fraudulent/sloppy/misleading  paperwork placed in our land records and court systems.

     I am begging for help so I may not only save my home, but others. I will use my knowledge and information to help others not only those who are battling, but those who lost their battle and should get their homes back.

            Any monies received over the $14,000 will be placed into a trust fund that will help families whether it be to buy food, pay the electric, or hire a competent attorney to fight the fraudulent foreclosure and seizure of their home. ( Actually if I don’t make the money, the Trust will still be begun with what funds I personally have, and what is received)

            I have pledged that I will make a monthly “mortgage payment” to this trust so that it may grow and continue to help those in need if this crisis ever ends. Hopefully those who are and will be helped by me will do the same.

            WE ARE NOT DEADBEATS! We can be a force to be reckoned with, and we can start ONE HOME AT A TIME!!!

     If you are still fighting or just beginning your fight you can also contact me, and I will try to assist you in any way possible. I have knowledge os PSA’s, land records of different states, and the foreclosure regulations etc. for many states.

You can begin the revolution by sending a gift through PayPal. You don’t need to have a PAYPAL account…just click on the credit card logos and it is simple!

Thank You for your Support! The total as of today: $500

      
saveourhomes2011@yahoo.com

Gaining strength through Foreclosure

     They neighbors have seen the advertising in the paper, seen the people come to your door leaving that “call the bank” note. You want to shrink into a small hole and disappear. The whispers and looks as you walk down the street

      I found myself looking at my sad empty walls waiting for the hammer to fall, I had to make a choice, I could either crawl in that hole, or put the big girl panties on and fight!  I chose to fight. That in itself has also lost me “friends”, but really…were they truly my friends? It is at this low moment in my life where I began to  find strength and courage, I  realized my Mom was right when she told me “there may be a time in your life where it’s you and your family…so get along before I stop this car and turn around!”

     I have found the strength to say there is something wrong with this system, and I am going to help fix it…even if it means losing my home. Everything happens for a reason, and maybe I was faced with this challenge because I CAN handle it. And like every good Irishman, it takes me a long time to get mad, but when I do…I stay mad!

     I spent hours pouring over articles, court cases, blogs, websites. Trying to absorb what was really happening. I looked at the land records for other homes being foreclosed on by the same attorney and started to see a pattern. This was 3 years ago and even my family thought I was nuts, similar to the town crazy who says he was abducted by aliens. As time has gone by my reality has been coming to the attention of the main stream….maybe my hat wasn’t the only one made out of aluminum foil. I began filing my own motions hoping to fend off the sale until I could get an attorney that “got” the situation. I even went to the “sale” to let the public know what the situation was with the house.

     Seriously how much more embarrassing can it get?…it’s not like I’m walking into Sax Fifth Ave. with a mid-drift shirt, my thong hanging out, and a pair of stillettos, although it did rank up there with dropping the kids off at shool in my PJ’s and unexpectantly having to get out of the car and talk to the teacher.

     The problem is that the idea that banks, lawyers, etc., could be doing things SO wrong, and getting away with it has yet to reach it’s peak. Yes I am one of those people who does NOT keep any money in a national bank…why would I? In some of the research I have done, some national banks are uninsured subsidiaries of other larger banks.

     In looking at other documents you DO begin to wonder if  this country had given the TARP money to the public if we wouldn’t have been more responsible with it. Seriously, if you are fighting to keep your home, underwater or not, or are having issues with your loan servicer you are seen as a DEADBEAT. Lose a couple of thousand mortgage notes and you are a bank. How can the number of foreclosures have sky rocketed… did we all practice poor fiscal responsibility at the same time? Luckily, besides medical bills I really only owed for my home, and a little one at that.

     If you look to either side of your home, 1/2 your neighbors are in the same position. Join together, don’t hide, nothing will change as long as we assume there is shame in what is going on in this country. Hang on to your family a little tighter, and give thanks that no matter what…THAT can never be taken from you, and the only things in this consumeristic world you really need.

     The press and public seem to gloss over the fat that you ARE trying to pay for your home, and even if you did your title might not be clear.

     Be a Mama bear don’t less them mess with your cubs or your den!