WITHOUT EMPIRICAL EVIDENCE YOU HAVE A LACK OF STANDING
I am not a lawyer. This is my experience and any advice forthwith is simply that, ADVICE. Mostly obtained from LLies, Elders and Dear Friends. All of these people have many more years of experience in life than I, and therefore, I regard their views and advice to be of the utmost importance to me.
I am a 43 y.o., Self-Employed Craftsman, who bought my home in ‘94 It was a leftover from the S and L housing crisis of the 80’s. Kind of odd that I find myself here I think.
In 2005 I refinanced with XYZ Mortgage Corp. of NY which was working for 123 Mortgage Corp. a subsidiary of ABC Mort. Corp.
On August 28th 2008, just as the market was crashing, I succumbed to a hereditary disease that prevented me from moving around very well for close to 8 months. This will linger for the rest of my life, but Please No Pity; I am a better person because of it. This resulted in my loss of employment and a need for assistance from my ‘Lender’. At that time the ‘Lender’ was 456 Mort. Corp., or so I thought. I began making calls to ask for assistance and found myself waiting for excuses.
First the clerks at 456 Mort. Corp. were saying wait for TARP to go through, then the Bush plan, a vain attempt at a modification, (Monthly payments actually increased, and in a recent modification that I have seen, your rights under bankruptcy protection would be surrendered), then the new President, the Obama plans 1 & 2… and I am still here after 16 months. Waiting. Why?
“Because I can”. What do I mean?
I started calling and requesting assistance from my ‘Lender’ immediately upon my injury. After a few months into this I stumbled upon LivingLies. As a layman, I was overwhelmed. Looking up Latin phrases, State law...I was so confused, so many questions, yet had all the time to investigate this site. How could this possibly help me I asked myself?
Then a very dear friend, one of my best friends now, a WWII vet, and his lovely companion, suggested that I try to get an education. Try to find a better way to be employed without further damage to my body. “It’s all I know” I said to him. He suggested otherwise.
I went to my local community college, signed up and passed my entrance exam with high praise from the administrator of the test, went to the finance office and was told I was the most eligible student for assistance, but there is no assistance available other than a Stafford loan. Sorry. Try again in 09’.
I will not personally take any type of loan for anything for a long, long time if ever.
I went home discouraged. Despondent. I continued to research this site and found myself asking myself and then, 456 Mort. Corp., who is the “Actual Noteholder?” and lo and behold, they said nothing. Just calls from more clerks.
As 08’ became 09’, I started to realize that I was educating myself. I was learning about all of this. Around this time, I believe I changed my mindset. I can’t afford a lawyer. What I have saved is for the real ‘Noteholder’, if they actually exist, not a lawyer.
Then, I saw an MSNBC special called House of Cards.
And then I saw the words Pro Se.
DEF Mort. Corp. arrives on the scene about this time, by buying 456 Mort. Corp., as the latest to claim the “Servicing?” of my mortgage.
I have been sending Certified Mail; Return Receipt Requests for information for 1 year + now. 21 letters in all to date, some are duplicates to multiple addresses for 'THEM'. My father suggested this early on as a way to keep a record of the requests for assistance which became requests for information. QWR’s, (It say’s so in the mort. docs you have that this a way for you/me to receive important information from your ‘Lender’) and I believe, should be used for all correspondence with your purported ‘Lender’,
Other than the one lame duck modification offer I received in Dec.08’ from 456 Mort. Corp., which I denied, and I now know it was an illegal modification offer, I have not received any other written responses from 456 Mort. Corp. or DEF Mort. Corp.. None. Clerks call without leaving messages now. Very little auto-dialer calls either anymore. I tried to record some clerks. I made 3 three calls to DEF mort. Corp.. On all three attempts to record the calls, informing them that I was recording the calls, they informed me that, “DEF Mort. Corp. prefers not to engage in recorded calls”, and simply refused to consent. MA is a two party consent state.
In early March 09’, I started looking online for any sort of help I could find. I called 200+ places in MA. Got 21 possible hits. Only one turned out to be true help. The MA State Attorney Generals’ Hotline. I left a message and 3 long weeks later I got a call. What a feeling that was once I realized who was on the line. A retired lawyer doing pro-bono work for the above mentioned agency was calling me back. He has assisted me ever since. He found nothing in my mortgage docs that could help me. He helped me with a QWR in response to BoA’s ‘Notice of Intent to Foreclose’ that basically says, “I would like to request a modification, again, under certain terms, but, Without Empirical Evidence you have a lack of standing to modify or foreclose.” That was Sept.09’. I have not received anything in writing to date.
During this whole period, 18 months and counting now, with the education I have received from this site, LivingLies, my close friends and family, I have become engrossed in this. I have a new found passion for education and the truth. I have never posted. I’ve only watched and read. Now I am posting and blogging.
I have poured over LLies, reading some things two or more times. I copy the most important aspects into my pc and then print them and re-read them and hi-lite all the important things. Educating myself is all I can do
I have copies of the entire important mortgage related doc’s that are on file at the Registry of Deeds. I have spoken with the employees there in person and on the phone. They have explained to me, in a very professional manner that before any foreclosure can occur in MA, a non-judicial state, a Complaint needs to be filed there. CMPLT is what to look for. I look at the registry files online everyday. It has to be done everyday or you will miss it and fall behind. Losing precious time is only going to hurt your cause.
I recently bought the NOLO 6th Edition “Represent Yourself in Court”, a must buy for any ProSe. I am reading this book and, again hi-liting all the important things. My thought now is to try to remove the pretender lender from the records on file at the Registry of Deeds, have ‘Them’ repair my credit reports, and to stop them from harassing me with false claims.
MA state laws were not adhered to as to informing me, the homeowner who the actual ‘Noteholder’ was/is.
With all this education, I hope to defend my rights and not be tricked out of my home by what appear to be common thieves.
Again, 'Because I Can'. Educate yourself to protect yourself.
A short time ago I read on LLies a question, “What are you doing to help in this mess”, or something to that effect. The writer should contact me.
I have driven to homes that I find in the newspaper foreclosures. No one was there. The homes were empty.
I called a local family through the same process. I spoke to one of the owners and suggested this website. She explained to me that they were in a trial mod. I still suggested this site. She asked, “What has it done for you”? I simply stated, “I am still in my home after this long a fight and still going.”
I have friends who are watching to see how I make out before they request anything. (They didn’t sign either.) I will talk to anyone who will listen. Some do, some don’t. Some are ignorant, some say I am crazy, some come around and yet others don’t. My Dad, He chastised me and said “Do you want me to believe…You are F’n crazy. Or something like that. My life’s most important educator/objector did finally come around. He is My Dad. Thanks Dad for USPS idea early on.
I have explained what I have been doing to save my own home. Maybe someone will see this and it will help them somehow or maybe someone who reads this wants to help me. I am hoping there are. No pun intended. I could use it.
If anyone wants to know more, Just Ask.
Now I know that I have definitely done something other than help and educate myself. Thank you all for listening.
On 1/26/10, I sent a letter to DEF Mort. Corp. per AG Legal Coach advice, requesting all docs w/in 60 days.
On the same day, ABC Law Firm sends USPS cert. Return Receipt letter to me, Accelerating the Note for DEF Mort. Corp. to it’s full term. Full loan amount due in full.
Respond w/in 30 days...I returned a USPS Cert. Return Receipt Requested letter denying the debt in it’s validity and in it's entirety, and again requesting ALL of the documents regarding my home loan from THEM, and now from the LAW firm as well with the same demand, w/in 30 days.
48-FORTY-EIGHT days later I was sent a letter explaining to me that my case would be put on HOLD until THEY conduct an investigation into my case.
CONDUCT AN INVESTIGATION?
WHY DO THEY NEED MORE TIME TO INVESTIGATE...SHOULDN'T THEY HAVE INVESTIGATED PRIOR TO COMMENCING ACTIONS AGAINST ME WITH ACCELERATION?
FRAUD FRAUD FRAUD
Law Firm...Shhhhh? Bank...Shhhhh? Why...?
The calls have stopped for now..lol...Thanks to my CFE's...
Demands have been made upon the P-Lender's/Servicer's by me etal...same with the Title Co. and we shall see..
No assignments here yet...the docs do show FRAUD...Pure FRAUD...In my belief.