Supporting, Informing & Connecting People in Foreclosure
After 2 years of getting copies of the note exactly as it was when signed, BofA finally sent me something worth while. Now with all of the research I've been doing I don't know how much this changes things , so humor me. The note is stamped PAY TO THE ORDER OF "IN BLANK" Without Recourse Bank of America, N.A. by Christina M Schmitt(signature is part of stamp) Christina M. Schmitt Assistant Vice President.
So ANYONE, ANYONE
Hi Saving my Home. There is a very good chance that your note was sold into an asset pool. Just because they have a Note or copy does not mean anything until you find out if the note has already sold by having a securitzation audit completed. I had one done initially through www.inspectoraudit.com they did it for free. Later I got a more comprehensive audit which I paid for.
When we got to the foreclosure hearing the big Boston law firm attorney does in little dance in court and says how bad we have been by not paying. After he has his turn, we tell the judge that we have a mortgage audit and the Attorney for the bank says something like, "What did you do that for???!" We read the audit and tell the court that the Note is forever lost in an asset pool, and then the Attorney says, "No, I have the Note!" and proceeds to show it to the court.
We had to laugh, this attorney jammed himself into a corner, and we tell the court he is committing fraud on the court, the asset pool and us because it is impossible to have the note that under SEC Regulations and REMIC is supposed to be in the asset pool.
The banks love to play a trick at closing sometimes by having you sign numerous notes, not placing the note is an asset pool or other dirty tricks, it is all fraud.
It is imperative to find out where your note is located, I can almost guarantee that the Note they showed you is fraudulent..
Come on Mary! Get your head out of your Butt! Where are a you going to get a professional securitization audit under the an affadavit and seal for free. I guess in your world, that would exist, that is probably why you are in your situation. Have you already lost your house? and now this is the place to vent your frustration for the bank stealing your house. Were you taken by some shady company that guaranteed you would not lose your house and you gave them thousands of dollars.
Wake up, I got an audit for free that told me if I was securitized or not and gave me the name of the players committing fraud on me, that was it, SIMPLE and DONE. I wasnt forced to buy anything. I am sick and tired of defending myself against your baseless accusations, it seems like you just need someone to fight with. I could CARE LESS whether you or anyone else on here tries to get a free audit from inspectoraudit.com. I was just conveying information that helped me. Obviously, that is exactly what you DONT need, Like I said I could CARE LESS if you go there or not, I have no skin in the game.
As much as I believe in letting everybody say their piece, I am getting a bit tired of seeing the same post every time I get on myself.
I Enjoy No Debt, most of us are fully aware of your message. Some of us have been ripped off by those you're trying to pitch. Many of us have been dealing with this shit for years and are fully aware of the options. That's why we're here to discuss what we have found effective, not to shove it down each others throuts.
One other thing, since the passing of this deal a few days ago between the banks and federal government that basically legalizes the fraud with robo-signing, it will be impossible to go after the bank for these issues. However, the banks have not been given a pass on fraudulent securitization yet. Thats why getting an securitization audit is a good idea.
Actually I disagree with you.Yes an audit is a smart thing to do if you can afford it and I have, but the Banks have just admitted by dealing with the AG's that they committed fraud on the so called 'borrowers' and I believe that it will have leveridge in the courts for the people who are in the system suing the pants off them.....
However, this did not take the banks off the hook for securitization, I am several other people I know are moving forward with lawsuits against the banks for not being holder in due course. Also if the bank shows up with the wet-ink signature Note it violates the asset pool's prospectus and now the trust is liable for double-taxation. I know one person who threatened the banks attorneys with professional conduct charges for fraud in court, put the bank on notice and trust that they were going to file charged with the SEC and file with the IRS because the Note was outside the pool. He said, "OK, thats fine you have the note, but it will cost you, a 1.5 billion dollar pool that is double taxed will be a much bigger problem than my $200,000 mortgage" The attorney pulled out of the suit, the bank pulled out and now he is moving to quiet title.
Is your note pledged to an Asset Pool? How many Notes did you sign at the closing, more than one? They can bring all the notes they want, forged or not, but until you know who is legal 'holder in due course', I think you are spinning your wheels, I have spoken with several people that indicated that during discovery they found that they had signed 3 or 4 notes in the huge closing package, and didn't know it because they didn't have an attorney with them.
Actually could be the Title Co. as well. We only signed one note, but the Title Co.made copies of the original and stamped them " Certified Copy". It says right in our closing instructions. Send a certified letter to your Title and/ or Escrow Company (person). But this does not change the fact that there can only be one original blue ink copy. One negotiable or non negotiable note.
Just throwing things out there.
True, the Title company can also do that, but it does not matter, the Note cannot survive inside and outside of the Asset Pool, once it has been sent through the juicer machine (the trust) it becomes juice (asset pool) with all the other Notes. There is no way to get the original wet ink signature note back to life just as you could not get the carrot that was sent through the juicer back into a carrot. Certified copy means nothing if it has been already pledged into a pool. I can make a certified copy of a check you sent me and cash the original, does that mean I can take the certified copy and cash that one too? I don't think so!
If I were you I would make sure they parties that signed the note exist mine do not, also I would have the ink tested to make its a original, and then find out how they came about possessing ti