This news makes me so Sick! 2010 Record Foreclosures, Over ONE Million Homes Foreclosed on! YET THEY WERE FRAUD! WE HAVE TO STOP THE FRAUD!

Over One Million homes were foreclosed on in 2010 by the banks!  This is just so SICKENING!  Those foreclosures were by FRAUD!  The banks are STEALING PEOPLE'S HOMES!  We have millions and millions on the streets homeless now.  Whole families are homeless, from bank fraud!  

I feel so strongly that people need to understand they need to stand up!  I am asking everyone reading this, to pass all foreclosure fraud information on!  We have to start a movement of informing all who are at risk for foreclosure, that the banks are committing FRAUD by foreclosing!   Also we all need to work together and start calling all class action law firms and ask them to START CLASS ACTION SUITS AGAINST THE BANKS FOR PREVIOUSLY FORECLOSED HOMES AND FOR EXISTING HOMEOWNERS OF MERS MORTGAGES!

PLEASE PLEASE WORK WITH ME ON INUNDATING CLASS ACTION LAW FIRMS WITH CALLS!  PLEASE LETS WORK TOGETHER ON LETTING YOUR NEIGHBORS KNOW THEIR RIGHTS AND THE BANK FRAUD!  We all have to work together to make the public fully aware of the bank fraud and to stand up against it!  IMAGINE IF WE CAN GET PEOPLE EVERYWHERE TO FILE LAWSUITS!  

Portion of Article:

WASHINGTON (Reuters) - Banks seized more than a million U.S. homes in one year for the first time last year, despite a slowdown in the last few months as questions around foreclosure processing arose, a leading firm said on Thursday.

Banks foreclosed on 69,847 properties in December, bringing the year's total to 1.05 million, topping the prior record of 918,000 homes seized in 2009, real estate data firm RealtyTrac said.

The number of foreclosure filings, which includes default notices, auctions and repossessions, was a record 2.9 million last year, including 257,747 filings in December.

MASS. SUPREME COURT RULES AGAINST BANKS/MERS - FOR HOMEOWNERS! NO RIGHT TO FORECLOSE!

THIS IS AWESOME!

MASSACHUSETTS SUPREME COURT RULED AGAINST THE BANKS FOR THE HOMEOWNERS - NO RIGHTS TO FORECLOSE! FORECLOSURE BASED ON FRAUD!
It is just out! 

EVERYONE STAND UP TO THE FORECLOSURE FRAUD - DO NOT GET FORECLOSED ON!  ALSO PEOPLE IN TENNESSEE PLEASE CONTACT ME - WHO ARE AT RISK OF BEING FORECLOSED ON!   

EDIT - 1:32pm est - Reuters just picked the ruling up and has an article about it!  I am happy MSM has written about it!  

Edit - 1/8/11 - Bloomberg has an article about it and says it can affect foreclosure practices across the nation. 

u.s. Bank v. Ibanez, Sjc Slip Opinion, 1.7


The Attorney General for Massachusetts had filed papers with the Supreme Court about the Foreclosure Fraud.  Zerohedge has a PDF link for the filing.

They have what the most important parts of it are listed:

Page 4-5:
“Rose Mortgage was the original lender for the Ibanez mortgage and Option One Mortgage Corporation was the original lender for the LaRace mortgage.  Rose endorsed the Ibanez note and property assigned the mortgage to Option One.  Option One then executed an endorsement of both promissory notes in blank, making each “payable to bearer” and negotiated by transfer alone until specifically endorsed.”  In both cases, Option One also executed an assignment of the mortgage in blank (i.e. without a specified assignee).  These blank assignments were never recorded and were not legally recordable because they failed to identify the assignee [cites state law].”

“After Option One sold the Ibanez mortgage to Lehman Brothers.  Lehman Brothers then sold the mortgage, together with hundreds of other loans, to Structured Asset Securities Corporation (“SASC”).  SASC then sold these loans to the Structured Asset Securities Corporation Mortgage Loan Trust 2006-Z, of which plaintiff U.S. Bank National Association (“U.S. Bank”) was the Trustee. All off the supporting documents concerning the Ibanez mortgage were placed into a “collateral file” and presumably were transferred between the entities listed above as each transaction was completed.  This collateral file contained the original promissory note, the Rose Mortgage endorsement of the promissory note to Option One, Option One’s blank endorsement of the promissory note, the mortgage issued to Rose Mortgage Inc., the assignment of the mortgage from Rose to Option One and Option One’s blank mortgage assignment”

[Goes through similar for the LaRace mortgage]

Page 8:
“The Land Court was correct to invalidate the foreclosure on two distinct grounds.  First, the plaintiffs lacked the legal authority to conduct the foreclosures because they were not among the parties authorized to do so under either the statutory power of sale or under G.L.c. 244 §14.  Second, even if the plaintiffs had the legal authority to foreclose (which they did not) the foreclosures would still have been invalid because the notices issued by the plaintiffs failed to name the present holder of the mortgage as required under G.L. c. 244 §14.  To foreclose on a mortgage securing property in the Commonwealth, one must be the holder of the mortgage.  To be the holder of the mortgage, one must be the original mortgagee or be the assignee under a valid assignment of the mortgage.  It is not sufficient to possess the mortgagor’s promissory note.  The Land court correctly held that the plaintiffs, U.S. Bank and Wells Fargo were not holders of the Ibanez and LaRace mortgages at the time of the foreclosure because they were not assignees of valid assignments of the mortgages.  Without valid assignments, the plaintiffs lacked the legal authority to foreclose the mortgages.  This, without more, is sufficient grounds on which to invalidate the foreclosures and the Land Court was correct to do so.”

Page 10:
“Plaintiffs’ claims that the Land Court’s ruling will cause widespread confusion or significant cost to innocent parties are greatly exaggerated, and such reasoning does not warrant ignoring the plain requirements of the law designed to protect Massachusetts consumers. Indeed, it is the foreclosing entities themselves who will bear the greatest cost of clearing titled from their invalid foreclosures.   Having profited greatly from practices regarding the assignment and securitization of mortgages not grounded in the law, it is reasonable  for them to bear the cost of failing to ensure that such practices conformed to Massachusetts law.”


Page 11:
“Plaintiffs had no legal authority to foreclose because they were not the original mortgagees, were not authorized by the power of sale, and because they lacked valid assignments of the Ibanez and LaRace mortgages.”

Page 12:
“Plaintiffs are not the mortgagees of the Ibanez or LaRace loans.”

Page 16:
“Neither plaintiff was authorized by the power of sale in the respective mortgages.”

Page 17:
“The assorted securitization documents do not establish or compromise valid assignments.”
Plaintiffs contend that various securitization documents constructively assigned to them the Ibanez and LaRace mortgages.  Specifically, the plaintiffs contend that the Ibanez mortgage was assigned to U.S. Bank by way of a Trust Agreement that is not part of the record, but is purportedly evidenced by a Private Placement Memorandum.  They contend that Wells Fargo received the LaRace mortgage via a Purchase and Sale Agreement.  In each case, plaintiffs’ argument is without merit.”

The LaRace Securitization Documents
As the Land Court found, the LaRaces gave a mortgage to Option One when the loan was initially made.  Thereafter, Option One executed an assignment of the mortgage “in blank,” i.e., without naming the party to whom the mortgage was to be assigned.  As detailed above and by the Land Court, this “assignment in blank” was ineffective to transfer any interest in the mortgage.   Wells Fargo contends that the LaRace mortgage was assigned to it by the Pooling and Servicing Agreement it entered into with Asset Backed Funding Corporation (“ABFC”).  This agreement purports to transfer and assign all of the rights of ABFC to Wells Fargo.  However, there is nothing the record that ABFC had any interest in the LaRace mortgage.  Thus, even if the language in the Pooling and Servicing agreement was sufficient to transfer all of ABFC’s interests in the LaRace mortgage, the assignment would be ineffective because ABFC had no interest in the LaRace mortgage to transfer.”

Page 20:
“Not only did plaintiff’s lack legal authority to foreclose, but the foreclosures are invalid because the notices published prior to foreclosure are fatally deficient.”
-    G.L. c 244, §14 requires that the notice identify the “present holder” of the mortgage
-    Plaintiffs’ false identification of themselves as the “present holders” in their foreclosure notices renders the notices fatally deficient
-    Plaintiffs’ argument that they held the mortgages notwithstanding the lack of valid, written assignments as of the date of the foreclosures is unsupported by law.


Page 27:
“There are no grounds on which to limit the Land Court’s decision to future cases”
-    Plaintiffs request that if the Land Court’s decision is upheld, this Court limit its application only to future foreclosures.  This argument is without any basis in law and should be rejected.”
-    Notwithstanding the “industry practice” of subprime lenders and other who created mortgage backed securities, the statutory requirements at issue int his case are long –settled.

Georgia Class Action Suit For ALL Homeowners Who Have Been Foreclosed ON by MERS!

Another Class Action Suit has NOW been filed for All Homeowners who have been foreclosed on in the State of Georgia against MERS! 

How Awesome is this!!  A class action for ALL homeowners who had been foreclosed on in the past by MERS banks!

The paperwork filed is at the link!  This should get the banks buzzing!

Now there is two Class Actions happening in the states for previous foreclosures - New York and Georgia!

Lets hope we see more states with this type Headline!

The Plaintiff shows herein that MERS’ foreclosure on Plaintiff’s property was not valid and was wrongful, as are those foreclosures by MERS on the property in the State of Georgia of all similarly situated persons to the Plaintiff wherein MERS sent the notice of foreclosure to the debtor and wherein MERS purports to have exercised the power of sale and auctioned the property. MERS does not have the authorized power to send a valid notice of foreclosure within the State of Georgia for those deeds where it is “solely a nominee” and does not have the authority or power under Georgia law to foreclose on a property or engage in an auction of sale on such property where is is “solely a nominee” on such deeds.

NEW Restrictions Taking Affect Immediately in New York State For Foreclosures - Lawyers Wanting to Foreclose For Banks, Have To Take PERSONAL LIABILITY That all Paperwork is Legal and Correct! That should STOP Foreclosures there!

Now, I wonder how many lawyers are going to be WILLING To take PERSONAL LIABILITY For banks to Foreclose on properties in New York State?!  How many are now going to RUN from having the Gravy of being a Foreclosure Lawyer for banks now?

A New Restriction Affective IMMEDIATELY Makes Foreclosure Lawyers take Personal Liability for making sure all the Paper work is Legal to be able to Foreclose on a property now in New York State!

Now, if ALL States Would make this a Requirement - I would BET ALL foreclosures would come to an IMMEDIATE HALT!  It is NOT possible to have Legal Paperwork to Foreclose on a MERS Home - ALL Paperwork has to have "irregularities" as the MSM likes to call it, to COVER UP THE FRAUD OF THE BANKS/SERVICERS TRYING TO FORECLOSURE!

Portion of Article:

New York is instituting new filing requirements in order to ensure the integrity of the home foreclosure process, the state’s chief judge said Wednesday.

Lawyers bringing foreclosure claims will now be required to file an affirmation that they themselves have taken reasonable steps to verify the accuracy of documents filed in support of residential foreclosures.

“We cannot allow the courts in New York State to stand by idly and be party to what we now know is a deeply flawed process, especially when that process involves basic human needs–such as a family home–during this period of economic crisis,” said New York State Chief Judge Jonathan Lippman in a statement.

The new filing requirement goes into effect immediately. In new cases, the affirmation must be filed along with the initial request for judicial intervention. In pending cases, it must accompany a request for judgment or must be submitted to the court referee if a judgment has been entered, but the property hasn’t yet sold.

Home SEIZURES Reach RECORD! Despite the FRAUD! THIS HAS GOT TO STOP! The banks can NOT keep getting away with this! EVERYONE STAND UP!

Bloomberg has an article that HOMES WERE SEIZED AT A RECORD LEVEL LAST MONTH!  

This is Sickening!  ALL OF THOSE Were Most Likely Based on FRAUD BY THE BANKS!  THIS HAS GOT TO STOP!  People can NOT keep being Thrown out of their Homes and out on the street!  The banks are doing the largest transfer of wealth ever in History by STEALING!  They are Literally STEALING FROM THE PEOPLE - THE INVESTORS and DEFRAUDING THE STATES!

PLEASE STAND UP - ANYONE IN TROUBLE WITH THEIR MORTGAGE AND AT RISK OF FORECLOSURE - FIGHT IT - TODAY!!  STAND UP FOR YOUR RIGHTS!  DO NOT ALLOW THE FRAUD OF BANKS TO TAKE THE ROOF FROM OVER YOUR HEAD!

HOPEFULLY HELP ON A NATIONAL LEVEL IS ON IT'S WAY!  (Some things are being worked on!)

FIGHT THE FORECLOSURE!  

SEND A CERTIFIED LETTER TO THE SERVICER ASKING THEM WHAT RIGHT DO THEY HAVE TO FORECLOSE ON YOU?!  ONLY THE OWNER OF A MORTGAGE CAN FORECLOSE!  

Latest complete updates and past information - Everything About MERS and the Foreclosure Fraud - How to Fight a Foreclosure - At this Link!

New York State Banking Department has STOPPED ALL Foreclosures in the State! Not waiting for banks to stop themselves!

NOW, When are ALL the States going to do this?  New York State Banking Department STOPPED ALL FORECLOSURES IN THE STATE!

Notice in the article it says SERVICERS!!  Get it?  SERVICERS Are Foreclosing on People NOT the Owners/Holders of the Mortgage!  Right there is the Problem - THE SERVICER DOES NOT OWN THE MORTGAGE!  Over and Over again the articles SAY what the problem is and it is NOT paperwork irregularities - It is Servicers Foreclosing on people and having to create fraudulent paperwork to do so!  It is a Circle of FRAUD!

Article:

The N.Y. State Banking Department has suspended home foreclosure actions by mortgage loan servicers, requiring that they conduct internal reviews of their foreclosure practices. 

The servicers were also asked to respond to the Banking Department on the following issues:  the steps the servicer is taking or has taken to review the foreclosure process in New York; the results of the review, including a description of the process for verifying affidavits;  the corrective action, if any, the servicer has taken or intends to take in response to the review; the measures taken to ensure that affidavits filed in New York foreclosure actions are executed in compliance with New York law; and  the status of pending foreclosure actions in New York and measures taken to suspend such actions pending review.

The N.Y. Banking Department joins 47 state attorneys general and 37 banking and mortgage regulators as part of a multi-state group that is investigating the foreclosure practices of mortgages servicers throughout the country.

Breaking! 49 STATES - OFFICIALS - Joint Investigation into FORECLOSURE FRAUD! 49!! What State is Holding Out?

WOWSA -

49 STATES - OFFICIALS WILL DO A JOINT INVESTIGATION INTO THE FORECLOSURE FRAUD!


ALABAMA IS THE ONLY STATE NOT TO JOIN IN!  

EVERYONE CALL THE  ATTORNEY GENERAL OF ALABAMA - DEMAND HE ALSO INVESTIGATE THE FORECLOSURE FRAUD!

HERE IS THE PHONE NUMBER AND INFORMATION FROM THE ALABAMA ATTORNEY GENERAL'S OFFICE

http://www.ago.state.al.us/contact.cfm
The Attorney General's Office encourages you to call and speak with someone to assist you at 334-242-7300, or to present your matter in writing with any supporting materials to:

Office of the Attorney General 500 Dexter Avenue Montgomery, AL 36130

Consumer Affairs Division: 1-800-392-5658

UPDATE I CALLED - the Attorney General's office - when I said WHY - they put me to voice mail!  I LEFT A Message Asking WHY Alabama is the ONLY State the Attorney General is NOT joining in an Investigation into the Foreclosure Fraud and said - They NEEDED TO JOIN ALSO!

***note***  the woman who answered the phone seemed exasperated about WHY I was calling!** 

UPDATE - 1: 30pm  -  Huffington Post has an article saying "50 States" BUT then inside the article says 49 Attorney Generals!

Regulators from all 50 states are launching a coordinated investigation into possibly "deceptive" and "unfair" foreclosure practices that may have illegally evicted families from their homes.

A bipartisan group of state attorneys general from 49 states and financial regulators from 39 states will work together to comb through foreclosure filings and documents from mortgage servicers to see if any state laws have been broken in the rush by services to kick borrowers out of their homes without following various state and local laws.

So I say Keep Calling the Alabama Attorney Generals Office - They are STILL NOT in it!

 UPDATE - 2:11PM - CNBC - Just Said Alabama the ONLY Hold OUT of a Joint Investigation - HAS NOW JOINED!  Our Phone calls may have Helped them make the RIGHT decision!

Latest complete updates and past information - Everything About MERS and the Foreclosure Fraud - How to Fight a Foreclosure - At this Link!

Federal Bankruptcy Trustee Joins Litigation against Lender Processing Services On behalf of ALL BankruptcyTrustees in U.S. - Ultimately AGAINST MERS FORECLOSURE FRAUD!

Federal Bankruptcy Trustee joins Litigation against Lender Processing Services!

Lender Processing Services provides technology services to Mortgage Servicers and Foreclosure Mills!

This is HUGE!  Now Federal Trustees are going against the Mortgage Servicers!  WOW - it is getting more and more intense by the day!

Portion:

Today, a new court filing on one of the two cases, the proceeding in Federal bankruptcy court in Mississippi, has dramatically expanded LPS’ potential liability and increased the odds of an unfavorable outcome for the company.

The standing Chapter 13 Trustee for the Northern District of Mississippi, Locke Barkley, has joined the case on behalf of herself and of all Chapter 13 Trustees in the US.

By way of background, the Chapter 13 Trustee is called a “standing trustee.” Her role is to administer all of the bankruptcy estates for all of the Chapter 13 debtors in her district. She (and all other Chapter 13 Trustees) are interested parties because to the extent that illegal fees were included in proofs of claim and illegal fees were assessed to debtors to be paid through Chapter 13 plans, then all of that money should have gone to these estates to pay towards unsecured creditors. Needless to say, this is a large additional potential liability to LPS. The presence of the Federal bankruptcy trustee as a plaintiff should give the plaintiffs considerable credibility with the judge.

Another important milestone was passed on this case last week. One reader, a former Federal bankruptcy court litigator who was generally positve about the action based on his reading of both of the initial lawsuits claims did point out the obvious shortcoming, the absence of attorneys with class action experienced (and as important, infrastructure) involved in the cases. As he wrote:

I admire the strategy being used by the homeowners’ counsel. One case in federal court, the other in state court. One case destined for the old 5th Circuit, the other destined for a state court of last resort in a different circuit. Not exactly a circuit-conflict strategy, but carefully planned to improve chances of review by the Supreme Court of the United States if necessary.

It appears a motion for relief from stay was filed by the putative note-holder in both cases, which was granted but then set aside in the KY case (not clear what action was taken on that motion in the MS case). But the class definitions are slightly different (with a subclass averment in the KY case). A previous decision on point against an entity similar to LPS in one jurisdiction (MS) is icing on the cake.

No insult to homeowners’ counsel, but their pleading of “adequacy of counsel” appears a little thin based on class-action complaints I have seen. Filing counsel appear to be sole practitioners and/or small law firms, with no affiliation with large national firms experienced in class actions who can point to a track record of success in representing class members

WSJ - 40 Attorney Generals are Coming out on Weds. 10/13, announcing a JOINT investigation into MERS Foreclosure FRAUD! The paper Spins it has just "paperwork problems" as they ALL do!

The Wall Street Journal has an article out about 40 Attorney Generals will be announcing a Joint Investigation into MERS foreclosure FRAUD on Weds. Oct. 13th. 


The article spins it as simply paperwork "irregularities" as all the MSM does.  The imply the investigation is into the paperwork problems and those will get straightened out.  They ALWAYS Quote the Banks in the articles, here is what they said in this one:

The banks say the document problems are technical—largely the result of papers approved by so-called robo-signers with little review—and don't reflect substantive problems with foreclosures. Still, they have drawn criticism from consumer advocates and state and federal lawmakers.

UUHH....... It is SO MUCH MORE than Paperwork "irregularities"!  It is there the fact there is NO Ownership of the loans, MERS separates the title and deed of property.  Because of NO ownership the servicers are the ones foreclosing on people.  

Now with the article linked - they have the above inserted information THEN the Next two paragraphs are this:

"I think the mortgage-servicing firms need to understand that they face real exposure now, and they would be well advised to take this very seriously, to clean this up by doing loan workouts to keep people in their homes, which up till now they've just paid lip-service to," said Ohio Attorney General Richard Cordray. 

Some in Congress have called for a moratorium on all foreclosures until the documentation issue is resolved, though senior Administration officials Monday again declined to endorse that idea. Servicers that have lied to courts by filing incorrect paperwork "need to suffer the consequences for their irresponsible actions," said Shaun Donovan, the Secretary of the U.S. Department of Housing and Urban Development. But "where we have not found problems with particular servicers…we do have some risk of going too far."

Are you catching that?  The article goes from Discussing Ownership of Loans and paperwork problems TO SERVICERS!  What the article DOES NOT SAY - is SERVICERS HAVE NO RIGHT TO FORECLOSE!  Yet, they Imply Servicers DO have a Right!  Why did they switch to servicers of loans in the article?  So those who are not that familiar with MERS will think servicers do have the control to foreclose on property?

 I have NO DOUBT Servicers WILL BE Calling people saying "We will modify your loan, though you are behind", to REDO the paperwork.  DO NOT MODIFY, NOR REFINANCE RIGHT NOW!  Do not Let them Change your MERS Loan from how it stands right now!

**** Today Show is doing a Segment about the Attorney Generals investigating MERS right now - 7:17am 12th of Oct.***** They are spinning it as robo signing problem Only - also implies stopping of foreclosures would be BAD******