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Cebu_4_2
23rd December 2010, 06:08 PM
Foreclosure.... interesting stuff to say the least. BoA called last night telling me I am in foreclosure, I say "no shit?" "Who told you?" the lady talked a bit, I only remember some of my answers but recorded it all just in case.

I told her that I never did get my mediation for modification, said that BoA asked for more documentation of which I complied. Then she said Oh yes, I see this is in our system to which I replied "so why were you calling me again?" She said that she was calling to see when I can resume payments on the mortgage, I laughed. I told her that the payments that I sent in were returned to me... she said "yes that is noted in the system also". I said "is there anything else I can help you with?" silence....

She replies "OK Mr Cebu is there anything else I can help you with?" I said "yes, is there some way you can postpone the Sheriff sale another month?" She said "no I can't but I can forward you to the person in charge" I interrupt "Who that Stephanie bitch that never calls back?" She says "yes her name is Stephanie" I interrupt again and say "is there a way you can relay an email message from me since she doesn't reply?" she said she can see what she can do, I say what do you mean, you have her email address in your computer right? she agreed, I said
Please convey to Stephanie that I am holding her personally responsible for the hardship cause by her non compliance in regards to my foreclosure status, that I am going to sue BoA and also sue her for any and all damages including legal fees incurred due to her non compliance....

Click. Never did get that lady's name but I am sure it is in the recording.

Book
23rd December 2010, 06:26 PM
http://i.dailymail.co.uk/i/pix/2010/12/23/article-1341112-0C919C4F000005DC-558_634x366.jpg

Can't you handle this in person at their Headquarters?

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ShortJohnSilver
23rd December 2010, 06:58 PM
Maybe you feel better but if it ain't on PAPER the bank will do nothing. The only thing that scares bureaucracies is a paper trail that they haven't answered or did something wrong about.

Write a letter to BOA, copy it to the local clerk at the county courthouse (registrar) - send certified and make sure you are sending it formatted properly. Important - get the certified mail # (tracking number) and write it on the paper you are sending, before sealing the envelope. This shows them that you are in fact sending it certified, that you sent them THAT as certified, etc.

Separately write a letter to the recorder of deeds, think about what to write, maybe you should claim that BOA sold your mortgage off to someone else and didn't pay a recording fee, whatever - something that is actionable and involves money from the point of view of the county folks.

Cebu_4_2
23rd December 2010, 07:16 PM
Maybe you feel better but if it ain't on PAPER the bank will do nothing. The only thing that scares bureaucracies is a paper trail that they haven't answered or did something wrong about.

Write a letter to BOA, copy it to the local clerk at the county courthouse (registrar) - send certified and make sure you are sending it formatted properly. Important - get the certified mail # (tracking number) and write it on the paper you are sending, before sealing the envelope. This shows them that you are in fact sending it certified, that you sent them THAT as certified, etc.

Separately write a letter to the recorder of deeds, think about what to write, maybe you should claim that BOA sold your mortgage off to someone else and didn't pay a recording fee, whatever - something that is actionable and involves money from the point of view of the county folks.


BoA has no interest, just the servicing agent. Original loan was through cuntrywide who is "americas wholesale lender" then transferred to BoA as a servicing agent that holds no interest in anything... mortgage is held by Fannie MAE who already got paid off... I am being sold under MERS

I have an action coming soon but I am too tight to cash in silver at this price to retain legal consul so I am looking to borrow legal fees... this is where you find who your real friends are at, even with deep collateral it amazes me.

Can't go wrong with the collateral offered thing but nobody willing... Down the list I go, looks like I really didn't have real friends. I would have always helped them in their hour of need but now I change my mind.

Oh well, all in a days education.

Twisted Titan
23rd December 2010, 09:22 PM
I have a Mediation hearing in January

I have succefully postponed it twice for a extra 8 months on living on their fat

When I go to mediation I will just circle the wagons giving all manner of sob story BUT I WONT SIGN ANYTHING.

When it goes to sherriff sale I can get a another stay of sale giving another 4 months spot free.

And when I exhaust all manner recourse I will unleash my last big nasty.

I will tie the house in ligtigation with a coutersuit of being railroaded in court ( which I was ) and corrupt servicer using a robo signed document ( which they did)


T

Libertytree
23rd December 2010, 09:53 PM
My deal went south when this house of cards first started and I wish I knew then what I know now! By being among the 1st to falter the law and courts were allowed to run rough shot over me, the Mortg company laughed in my face when I mentioned modification. I was made to feel like I welched on a bet when the fact was I gave them 20% down and had paid faithfully up until the troubles came along. So fvck them all and the goats they rode in on! Get a lb of flesh for me while you're at it, yaw'll.

PatColo
23rd December 2010, 11:15 PM
And when I exhaust all manner recourse I will unleash my last big nasty.




Lease it to someone in need. Long lease. Dirt cheap rent (to help them out, and also coz the rent goes to the new title holder after title changes...)

Imminent foreclosure home owners leasing to eachother to stop foreclosure (http://gold-silver.us/forum/general-discussion/imminent-foreclosure-home-owners-leasing-to-eachother-to-stop-foreclosure/msg156806/#msg156806)

Cebu_4_2
19th March 2012, 02:16 AM
Got notice late last week, suing the banksters and the judge granted temporary stay of the foreclosure, sheriff sale and eviction. Now we wait for the counter suit. This document is fantastic to say the least. Not sure what happens next but it is a relief. From the assumed missing note, non registration to the county, documented conversations with ID#, financial hardship to blatant fraud etc. 21 pages of goodness.

Glass
19th March 2012, 05:12 AM
Got notice late last week, suing the banksters and the judge granted temporary stay of the foreclosure, sheriff sale and eviction. Now we wait for the counter suit. This document is fantastic to say the least. Not sure what happens next but it is a relief. From the assumed missing note, non registration to the county, documented conversations with ID#, financial hardship to blatant fraud etc. 21 pages of goodness.

I'm keen to ask what "document is fantastic"?

If the "plaintiff" does not have the original wet ink signature note in court then they have no standing. Plain, simple. Then you shut down the action for proof of claim, lack of standing.

If the lack of standing has already become Fact, i.e. the plaintiff has admitted this on the record then go for motion to dismiss the claim and Order for Release of Title. Don't wait for a counter suit. Shut them down, otherwise they will continue on assumpsit. The assumption that you want to keep playing.

It sounds like you already won. Time to declare and make your demands for reparations.

Because of the MERS fiasco in most cases people will only need to ask 1 question in court. "Where is the note?". Proceedings should stop very quickly after that... unless a defendant agrees to grant time for the plaintiff to fabricate a note and resume proceedings. If they don't have it on the day their claim is dead in the water. A copy is no good either. Must be wet ink signature - original.

beefsteak
19th March 2012, 05:23 AM
Cebu_4_2
Wondered the other day how this journey was going for you? Appreciate the update!

Carry on. with G[s]USto!


beefsteak

dys
19th March 2012, 07:21 AM
I'm keen to ask what "document is fantastic"?

If the "plaintiff" does not have the original wet ink signature note in court then they have no standing. Plain, simple. Then you shut down the action for proof of claim, lack of standing.

If the lack of standing has already become Fact, i.e. the plaintiff has admitted this on the record then go for motion to dismiss the claim and Order for Release of Title. Don't wait for a counter suit. Shut them down, otherwise they will continue on assumpsit. The assumption that you want to keep playing.

It sounds like you already won. Time to declare and make your demands for reparations.

Because of the MERS fiasco in most cases people will only need to ask 1 question in court. "Where is the note?". Proceedings should stop very quickly after that... unless a defendant agrees to grant time for the plaintiff to fabricate a note and resume proceedings. If they don't have it on the day their claim is dead in the water. A copy is no good either. Must be wet ink signature - original.

This is a great post, but unfortunately in practice I highly doubt that it would work like this in real life. I am not saying not to do as you advised, I would advise the exact same thing...but I bet it won't work that easily. I've been there. Not with a mortgage, but in other matters.

dys

Glass
19th March 2012, 08:03 AM
This is a great post, but unfortunately in practice I highly doubt that it would work like this in real life. I am not saying not to do as you advised, I would advise the exact same thing...but I bet it won't work that easily. I've been there. Not with a mortgage, but in other matters.

dys

Standing up in court is not easy. It's down right frightening to be honest. so I agree, it won't work as easily as my words because you have to stand up and make your claim. I also know that they do intimidate and outright threaten. Knowing who you are and expressing that is 9/10ths of it. If you know and you let them know you know, the game changes.

The other thing is, these actions are not weird or wacky. These are documented requirements that must be met for an interest in something to be secured. If the claimant/plaintiff has not fulfilled those or cannot demonstrate then they can't play.

In this case a court appearance might not be necessary. It should be possible to motion the court and have the magistrate/judge make a decision in chambers. It doesn't hurt to express your Will to the court. They have to follow someone's Will, if you don't tell them yours they will go with the other guys. They don't have any choice. You'd be surprised what can happen if you just ask. I got $95K for expressing my Will. I'm very happy with that. It might increase upto another $47K. That's somewhere between zero or more. My next one was going to be for $99K but some research tonight suggests it might be $300Kish. It would be something I haven't tried as yet but am keen to.

As a tip to you, remember this, By Law, all crimes in the United States are Commercial in nature. All of them. That means all of them can be settled or discharged. I can't recall the UCC or statute. I'm sure someone else can post it.

dys
19th March 2012, 08:39 AM
Standing up in court is not easy. It's down right frightening to be honest. so I agree, it won't work as easily as my words because you have to stand up and make your claim. I also know that they do intimidate and outright threaten. Knowing who you are and expressing that is 9/10ths of it. If you know and you let them know you know, the game changes.

The other thing is, these actions are not weird or wacky. These are documented requirements that must be met for an interest in something to be secured. If the claimant/plaintiff has not fulfilled those or cannot demonstrate then they can't play.

In this case a court appearance might not be necessary. It should be possible to motion the court and have the magistrate/judge make a decision in chambers. It doesn't hurt to express your Will to the court. They have to follow someone's Will, if you don't tell them yours they will go with the other guys. They don't have any choice. You'd be surprised what can happen if you just ask. I got $95K for expressing my Will. I'm very happy with that. It might increase upto another $47K. That's somewhere between zero or more. My next one was going to be for $99K but some research tonight suggests it might be $300Kish. It would be something I haven't tried as yet but am keen to.

As a tip to you, remember this, By Law, all crimes in the United States are Commercial in nature. All of them. That means all of them can be settled or discharged. I can't recall the UCC or statute. I'm sure someone else can post it.

Glass-

With all due respect (which is considerable), the other part of the equation which you've left out, which in my opinion is the most important part, is that the judge has to actually uphold the law after you stand up. My experience is that judges don't uphold the laws. Maybe it is different when it comes to foreclosures, like I said I've never been in that situation.

dys

Cebu_4_2
19th March 2012, 05:23 PM
I obviously can't post much, there are a few nice bits though. I am the plaintiff, the banks are the defendant. I am being represented by knowledgeable consul.



VERIFIED COMPLAINT FOR QUIET TITLEAND OTHER RELIEF





GENERAL ALLEGATIONS





COUNT I- VIOLATIONS OF xxxxx FORECLOSURE LAWS





COUNT II- BREACH OF CONTRACT






COUNT III- FRAUD IN THE INDUCEMENT





COUNT IV-QUIET TITLE





COUNT V- SLANDER OF TITLE





COUNT VI- SLANDER BY FALSE PUBLICATION





COUNT VII- VIOLATIONS OF MCL 600.3205(c)





COUNT VIII- PROMISSORY ESTOPPEL


COUNT IX- VIOLATIONS OF TRUTH IN LENDING ACT


COUNT X- RELIEF FROM SHERIFF SALE AND/OR



SET ASIDE FORECLOSURE


COUNT XI-FOR DECLARATORY AND INJUNCTIVE RELIEF AGAINST DEFENDANT



DEMAND FOR JUDGMENT FOR RELIEF



Plaintiff requests that this Court enter judgment against Defendant as follows:


a. Award Actual damages;



b. Award Statutory damages;



c. Award Exemplary damages



d. Set aside the foreclosure and subsequent sheriff sale;



e. Vest title to subject property in Plaintiffs,



f. Grant Injunctive Relief as to any pending eviction action;



g. Grant Declaratory Relief requested above,

Award costs and attorney fees

dys
21st March 2012, 02:09 AM
Please keep us abreast of your situation. I for one and rooting for you.

dys

Cebu_4_2
22nd March 2012, 09:17 PM
I always root for you guys, I believe in small situations we will prevail and that may lead to a bigger thing.

Neuro
23rd March 2012, 03:36 AM
Well done Cebu, you stayed your ground for 15 months, and you grabbed them by the balls, by the looks of it. Knowledgeable council? Is that someone who is not a lawyer, but knows the procedural ins and outs of courts?