Supporting, Informing & Connecting People in Foreclosure

Danielle Sterling, American Brokers Conduit, Trustee Sale Feb 15, 2012...HELP

First of all, I am a former investigative journalist and I read and I smelled at rat a year ago.

I quit paying my mortgage Jan 2011, then serviced by Chase. I quit paying because I had to fix a bunch of broken pipes and water damage out of my pocket after learning that my insurance elected not to renew after tornado damage six months prior where I lost about $10K to repair (insurance wouldn't cover for "flood").

Chase, whom I pay escrow for taxes and insurance, and was given notice of the nonrenewal by the insurance company, never let me know that I was without insurance until after the fact. So, I was out of pocket again in Jan 2011.

It was then that I tried contacting the Lender, American Brokers Conduit, only to learn that they went bankrupt in Aug 2007. I asked Chase who held the Note, for whom are they collecting?

They sent me two letters that they were researching it, and the research is pending. However, I never received anything, and made it clear that I was not going to pay unless they provided it.

Effective August 1, 2011 the servicing has been changed to Residential Credit Solutions. I alerted RCS to the ongoing problem, sent a QWR (which they refused to answer as they did not feel that it qualified under RESPA), and told them that I need to know who has the Note.

They told me that the "investor" is JPMorgan Mortgage Acquisition Corp. They will not give me any address or contact. I did find contacts on EDGAR looking for my PSA (no luck so far, and any help would be so appreciated!). I called on those contacts, and did reach the right person, however each adamantly denied having anything to do with JPMAC. In fact, one told me that "they" just put down any name...

So, I finally get a copy of the Note. Two, in fact. One from NW Trustee Services that is the Note with distinct handwriting post my signing it, and another from RCS with the same postsigning distinct handwriting (my Chase acct # is written in hand on the Note) but WITH a blank endorsement signed by "Danielle Sterling" for American Brokers Conduit.

I have called every atty in town and others in the state of Montana. I cannot get a call back as they are all busy. I am in a non-judicial state and want to get this before a judge. I don't know how!

RCS has not been in compliance in my state as a servicer since October 1, 2011, but they had filed for trustee sale, and the assignment to themselves on October 12. So, can they even file if they are not in compliance?

And, to rattle things up a bit, I have requested the 2011 journals of the two in-house notaries at RCS that signed of on these bogus documents that were filed in my courthouse. In TX it is public record and they HAVE to provide it within 10 days. Although I had sent the notices to their personal addresses provided to me by the state of TX, a South Dakota law firm sent to me a letter on behalf of RCS stating they were not going to provide it. I contacted TX state again and they said that they DO have to provide that information and to file a complaint. I want to see if "Alicia Wood" is robo-signing and to see how many documents these notaries are "notarizing" every day.

I am meeting the the County Atty in a couple hours and need advice quick!! How to I compel them to look into this as fraud upon the county????

Tags: acquisition, alicia, american, attorney, brokers, chase, conduit, corp, county, credit, More…

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Permalink Reply by Get_it on January 17, 2012 at 10:01pm

Wish I could give you advice but I had no success in Calif. with anything. I was foreclosed in 2009 but what I can offer you all my links. American Brokers Conduit was always an affiliate d/b/a as American Home Mortgage Servicing bankrupting in 2007 and selling the servicing rights to W.L. Ross & Co. who temporarily called it American Home Acquisition and then reopened it back to American Home Mortgage Servicing Inc. But it sounds like you got sold to JPMorgan

Here's the purchase

http://www.secinfo.com/dRSm6.u245.d.htm#e11

Ya, we know they have no docs.

http://stopforeclosurefraud.com/2011/01/23/judges-to-weigh-mortgage...

http://www.reuters.com/article/2011/01/23/us-usa-foreclosures-docum...

Then here's the part where they sue LPI for not doing a good job.

http://www.nakedcapitalism.com/2011/08/bombshell-admission-of-faile...

Here's more on ABC

http://frauddigest.com/pdfs/beneficiariesdocx.pdf

Paula Rush http://paularush.com/Home_Page.html

I hope this helps you out. Good luck.

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Permalink Reply by Michael t pines on January 25, 2012 at 5:52pm

WHAT IS WORKING SO FAR IN 2012 – THE TIDE IS TURNING BECAUSE OF THE SHEER NUMBER OF LEGAL ACTIONS AGAINST THE BANKS – KEEP IT UP!

DISCLAIMER

NOTHING CONTAINED IN THIS IS LEGAL ADVICE. IT IS FOR GENERALINFORMATION PURPOSES ONLY. EACH LEGAL CASE VARIES WITH IT’S PARTICULAR FACTS. NO ATTORNEY-CLIENT RELATIONSHIP IS INTENDED OR IMPLIED. FOR LEGAL ADVICE YOU MUST CONSULT A LICENSED ATTORNEY.

In spite of my personal problems (see: www.pines4clsourefraud.org), I have kept on top of what is working and what is not. Many attorneys I speak with are anxious to keep what works “proprietary”. My view is different. There will never be enough attorneys to help the many millions of home owners that need help, even though many attorneys have now learned that one can make a lot of money in foreclosure defense. In fact, homeowners often know as much as attorneys and merely need guidance.

1. QUIET TITLE – OFTEN THE RESULT IS A DEFAULT

For a long time, I have been suggesting attorneys keep complaints as simple as possible. If an attorney files a complaint that includes many causes of action, it just gives the bank’s attorneys more to raise technical objections about.

One recent trend is to file a simple Quiet Title action. This has resulted in defaults against the banks. I am personally aware of many Quiet Title Actions the bank did not respond to. In fact, when a number were sent to the agent for service of process for Deutsche Bank they were refused for no apparent reason. It appears the banks are simply overwhelmed. A number of attorneys have told me that when a simple Quiet Title action is filed the bank attorneys simply don’t know what to do. Some companies have been, or are, being set up to specialize in filing Quiet Title actions and getting defaults.

2. SMALL CLAIMS – Defaults Galore!

Ever since reading about the couple in Florida that “foreclosed on the Bank of America” I have suggested that as many people as possible file small claims actions on their own.

See: http://moneyland.time.com/2011/06/06/homeowner-forecloses-on-bank-o...

I know of at least one attorney who has set up a whole business using Small Claims in California to help people fix their credit and I have heard it has always worked (sue the 3 Major Credit Reporting Agencies for a violation of the Fair Credit Reporting Act in small claims).

Virtually every time I have heard of a Small Claims action being filed, the banks seem to think it is too small to be bothered with and you can win by “default”. This is just as valid as any other legal action if it is done right.

Imagine if thousands of people did what the couple in Florida did? Thousands of people showing up at banks to take control of their assets – what a thought!!

In addition, the legal doctrine of “res judicata or collateral estoppel” may apply if you win, even by default, giving you enormous legal power when and if additional legal actions are filed. You tell the next judge you already won and show him/her the small claims judgment.

3. TRANSFER AN INTEREST IN THE PROPERTY TO AN ENTITY (LAND TRUST OR LLC) PRIOR TO COMPLETION OF A FORECLSORUE AND THEN FILE BANKRUPTCY AND/OR A LEGAL ACTION

Several companies have been, or are, in the process of setting up to do this. So far they said it has been working 100% of the time.

4. PROTECTING TENANTS IN FORECLOSURE ACT

This requires the bank to honor any lease or provide at least 90 days notice before an eviction can occur. If you rent part or all of your property to a bona fide tenant (not a family member, etc.) so far, many courts seem to be following that law.

5. HIRE AN ATTORNEY FOR SPECIFIC TASKS ONLY

I have found that readers of this site and similar ones often now as much if not more than attorneys.

If an attorney takes a “case”, they are responsible for it regardless of how long it takes or what happens. This can be expensive.

If an attorney is hired only to help prepare or review paper work and to go to a specific hearing, this can save the client a lot of money. One attorney in California told me that if a judge will not allow him to “specially appear” for the one hearing, he simply files a “Substitution” to become “attorney of record” for that day and the next day files another “Substitution” replacing the home owner again.

6. THE CHAPTER 11 BANKRUPTCY MYTHS – IT’S NOT JUST FOR GENERAL MOTORS

This is the type of bankruptcy that big businesses file, almost exclusively (guess why? - Maybe because it is the best one to use?).

The dirty little secret is that individuals can file it too and get the same benefits as the big corporations.

Ask most bankruptcy attorneys and they will tell you it is too complicated and expensive. I don’t necessarily agree. Because individuals have far fewer “creditors” than most businesses, it can be much simpler.

The “Plan of Reorganization” can be simple. The Debtor is going to try to eliminate the illegal secured debts of the “banks” that hold mortgages on real estate and/or do a “cram down” (replace them with a new lender called a “DIP Funder” – just like General Motors did using the U.S. Government as the new lender and “cramming down” the bond holders.) Then there will be plenty of money to pay all “unsecured creditors”, which by statute is the primary goal of a bankruptcy.

I have never understood why more bankruptcy attorneys don’t file Chapter 11’s for homeowners since it has so many advantages. You can also always convert it to a Chapter 7 or 13 if it doesn’t work. The filing fees are higher, but in my opinion it is well worth it. Some advantages are the homeowner remains in control as the “Debtor in Possession”, and, you can do a “cram down”. (Are you listening Max Gardiner? – I would love his input on this one.)

michaeltpines@g

WHAT IS WORKING SO FAR IN 2012 – THE TIDE IS TURNING BECAUSE OF THE SHEER NUMBER OF LEGAL ACTIONS AGAINST THE BANKS – KEEP IT UP!

DISCLAIMER

1. QUIET TITLE – OFTEN THE RESULT IS A DEFAULT

2. SMALL CLAIMS – Defaults Galore!

Ever since reading about the couple in Florida that “foreclosed on the Bank of America” I have suggested that as many people as possible file small claims actions on their own.

See: http://moneyland.time.com/2011/06/06/homeowner-forecloses-on-bank-o...

Imagine if thousands of people did what the couple in Florida did? Thousands of people showing up at banks to take control of their assets – what a thought!!

3. TRANSFER AN INTEREST IN THE PROPERTY TO AN ENTITY (LAND TRUST OR LLC) PRIOR TO COMPLETION OF A FORECLSORUE AND THEN FILE BANKRUPTCY AND/OR A LEGAL ACTION

Several companies have been, or are, in the process of setting up to do this. So far they said it has been working 100% of the time.

4. PROTECTING TENANTS IN FORECLOSURE ACT

5. HIRE AN ATTORNEY FOR SPECIFIC TASKS ONLY

I have found that readers of this site and similar ones often now as much if not more than attorneys.

If an attorney takes a “case”, they are responsible for it regardless of how long it takes or what happens. This can be expensive.

6. THE CHAPTER 11 BANKRUPTCY MYTHS – IT’S NOT JUST FOR GENERAL MOTORS

This is the type of bankruptcy that big businesses file, almost exclusively (guess why? - Maybe because it is the best one to use?).

The dirty little secret is that individuals can file it too and get the same benefits as the big corporations.

michaeltpines@gmail.com

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Permalink Reply by KT ~ME~ on February 12, 2012 at 6:18pm

Please follow the rules

1) ADVERTISING OF ANY KIND WILL NOT BE TOLERATED

2) Doubled screen names will be deleted upon discovery

3) Internet bullies are not welcome

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Permalink Reply by jennifer on February 12, 2012 at 11:19pm

I can't believe that I have only received two "helpful" posts...Well, one actually... Thanks to all of you for taking my plea for help and turning it into stupid bickering. What a joke!

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Permalink Reply by Get_it on February 13, 2012 at 1:36am

Sorry Jennifer,

I'm Calif. not Montana. If I could get you that lawyer I would. Did you already try asking anyone at

http://livinglies.wordpress.com/

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Permalink Reply by jennifer on February 20, 2012 at 5:09pm

Hey, David:

I got a first and second (purchase loan) from American Brokers....I learned from the title company that AHM wired money for the second, but DB Trust wired money for the first mortgage. My second was settled and is paid, but the first.....I am trying to find where it went. I have searched all of JPMAC (present "investor" according to servicer Residential Credit Solutions whom assigned the DOT to themselves as attorney in fact for JPMAC), AHM and Chase trusts on SEC. JPMAC tells me that my mortgage wasn't "securitized". They were able to tell me this without looking up my property. What a joke.

So, now I have been wondering if it is in a trust by Deutsch Bank....I haven't found anything yet. I filed Ch 13 and will be filing a complaint in court, or bug the attorney to make them PROVE that they have standing to collect (my atty is not up to speed on this....His response is "well, you obviously got a loan! How else did you buy the house?" To which I replied, "Sure, but not from THEM!"

What is a RALI? Any suggestions on where to find who owns my note? AHM destroyed over 1/2 million originals in January 2011. I have requested a perfected chain of title, but Residential Credit Solutions says it is recorded (when they assigned to themselves the DOT of my property years after AHM went bankrupt)

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Permalink Reply by lorina delfierro on February 20, 2012 at 8:53pm

Jennifer, some bankruptcy lawyers that are not aggresive enough and not real estate lawyers will just agree on what the prentenders will say and believe what ever documents they will produce. Home owners who do their own search and discovery knows better than the bankruptcy lawyer. I suggest that you consult a real estate lawyer. Do Title search.

When I bought my home in 2006 of May the lender was the ABC and the second was also ABC(AHM ) but serviced by Ocwen. I refi it on 2007. Now that I am doing research on my documents. I found that some documents (county recorder) will not be found under you name or parcel number. You have To be patient in searching all possible ways at the county record. This is their another way of defrauding homeowners so that the borrowers will not find out their dirty works.

I found on the 2nd mortgage reconveyance documents that the signatures in my documents are fraud. I immediately seach the names in the computer and there the notary and pretending v.p or trustee are being sued for fraud. The signatures of these people have different signatures on every documents I founds and people that have prepared the documents uses the Georgia or Florida homebase but if you search the peoples name that prepare the documents , they have an address in India. ABC or AHM have used Ocwen as servicer and bought have used robosigning.

On my 1rst mortgage lender ABC became the servicer AHM as servicer under Owcen for the second by the infamouse Krystall Hall and Joan Cook.

Always get/keep a copy and study well the documents you opponents are using. Alwaysquestion and share your discovey to your lawyers. Do a title search and securitization.

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Permalink Reply by lorina delfierro on February 20, 2012 at 10:03pm

Sorry I was not able to edit my reply.

On my 1rst mortgage ABC (AHM) as the lender and serviced the loan too and Ocwen for the 2nd mortgage and the Trustee is Scott W. Anderson and Neil Dyson v.p MERS and Notarized by Doris Chapman. My 1rst mortgage was notarized by the infamous Krystall Hall and signed by the infamous Joan Cook of Idaho.

Always get and keep a copy, study well the docuents your opponents are using. Always question and share your discovery to your lawyers Do title search and securitization.

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Permalink Reply by L on February 28, 2012 at 1:34pm

Affidavit of the pseudo-endorser linked here

Commentary by Florida anti-fraudclosure attorney here

I may not be a rocket scientist, but it doesn’t take Sherlock Holmes to figure out what happened here. A bank (apparently Citimortgage, since it was the plaintiff) wanted to foreclose on the Note and Mortgage entered by Daniel and Christine Junk, but needed an endorsement from American Home Mortgage. But American Home Mortgage was out of business. So Citimortgage took the endorsement stamp that had been used by Danielle Sterling (from when she worked at American Home Mortgage), stamped it on the Note, and forged her signature.

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Permalink Reply by jersey girl on April 27, 2012 at 6:34am

This may not help you now, but I called the wonderfual people of Dakota County Minnesota (LPS), and sent in a request etc, with the document I wanted the journal entry for, and a small fee. They instructed me to send it to them, but apparantly they told me the wrong county. What the nice people of Minnesota did send me was a copy of the information provided to them, for thie certain notary's info. The address he listed is a foreclosure property in Minnesota ( I looked it up, and it was listed as a Wells Fargo foreclosure property, and the phone number provided was a non working number for a Catholic Church. Excuse me? Then I found a document in my registry with an obviously forged signature on it ( of the LPS person who supposedly signed our assignment) from a well known foreclosure firm in Newton, Ma. The document I found was dated in the late 90's, which shows you how long this crap has been going on.

Go through the registries online, and look up all assignments that are made by whatever financial institution (or whomever), and you will probably find the signatures you are seeking. Most you can print out. I live in Mass., and i found mine in Mass, Florida, Georgia, etc. They are busy busy people, and obviously have the ability to time warp and be in several places at the same time.

It's all bogus. Hope everything works out for you.

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Permalink Reply by marymcculley on Friday

Yikes, Montana is the worst! I have been handling my fraud case because the attorneys have TOO many other case, not taking new clients etc. The problem is that state is still a 'good old boys' network. I even went to the FBI with the forged deed, and other obvious evidence, SEC records etc and got nowhere.

They said, "yeah, looks like you have a case here, but uh, the bank was state chartered in MT at the time so it really is a state issue." gee thanks.

It should not be this hard should it? I cant believe what you are having to go through, that sounds insane!

I too have worked as an investigative journalist, and our instincts are usually right. Good luck. Try getting a prosecutor on board, but it depends on how 'connected' the defendants are.