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How Soon They Think We Forget…

Posted on May 3, 2013 at 3:54am 0 Comments

Posted by DeadlyClear on May 2, 2013

This quote is actually on the Change.gov Ethic’s page… No, really it is! Maybe President Obama just forgot it was there… ya think? …

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DEFICIENCY JUDGMENTS – Is your Court a Collection Agency for Crooks? Class Action Filed in Hawaii.

Posted on April 30, 2013 at 4:57am 0 Comments

Posted by DeadlyClear on April 29, 2013

Deficiency judgments are another dark corner, if not the darkest corner in foreclosure. The Dubin Law Offices filed…

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HAWAII PRO SE PLAINTIFFS BEAT BONY’S MOTION TO DISMISS!

Posted on April 27, 2013 at 1:44am 0 Comments

Posted by DeadlyClear on April 26, 2013

In a Second Amended Verified Complaint filed against the Bank of New York Mellon (“BONY”), fka The Bank of New…

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MONEY VAMPIRES, BANKSTER PIRATES AND THEIR OFF SHORE TREASURE CHEST!

Posted on April 26, 2013 at 3:07am 0 Comments

Posted by DeadlyClear on April 25, 2013

By Shelley Erickson

The Pirate Pilfering!

Bankster piracy is so horrific even though the 50 US attorney generals agreed to let the banks off the hook with a pittance in refunds…

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Is it Legal to Record the Bank’s Phone Call or Conversation?

Posted on April 16, 2013 at 10:49pm 2 Comments

Lender and servicer modification abuse, dual tracking and deceptive business practices have caused undue emotional stress on homeowners. The Courts usually demand a precise record in order to establish a claim against the banks and their pals. Foreclosure is a dirty business and you need to have the right tools and knowledge to make your points.…

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Assault on Wall Street – The Movie…the dream…COMING SOON!

Posted on April 8, 2013 at 4:06pm 0 Comments

Posted by DeadlyClear on April 8, 2013

MOVIE INSIDER: A security guard for an armored truck, Jim (Dominic Purcell) is a blue-collar…

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Have We Reached A Tipping Point In The Financial System?

Posted on April 5, 2013 at 1:12am 0 Comments

Posted by DeadlyClear on April 4, 2013

The DAILY SHEEPLE says:…

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Where did all the money go? Secret Files Expose Offshore’s Global Impact

Posted on April 4, 2013 at 7:32pm 0 Comments

Posted by DeadlyClear on April 4, 2013

Is a third of the world’s wealth is tied up in the secret area of offshore? The mega-rich use complex offshore structures is exposed.…

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Stockton, CA CalPERS – The Next Cyprus-like Haircut?

Posted on April 2, 2013 at 1:55am 0 Comments

Posted by DeadlyClear on April 1, 2013

STOCKTON, CA – BANKRUPT!

If you don’t think the Wall Street corruption and securities fraud, including mortgage-backed securities, isn’t affecting everyone – think again. Stockton,…

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The mattress safe – the latest way to bank with confidence

Posted on April 2, 2013 at 1:53am 0 Comments

Posted by DeadlyClear on April 1, 2013

Europeans are a stone’s throw across the pond and what happens there eventually, like the Beatles, happens here. Many in the Euro-zone are asking each other and themselves:

Is your…

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Profile Information

Which state do you live in? (2 letter)
HI
How did you find out about this site?
INTERNET
Where are you in the foreclosure process?
Filed a suit in a non-judicial state, Defending my home
How many months have you tried to work with your unresponsive loan servicer?
THEY REFUSED TO MODIFY OR ACCEPT PAYMENT

RTC vs. Key Financial (2002) - This is where the subprime spree started.

http://caselaw.findlaw.com/us-1st-circuit/1019074.html

RTC vs. Key Financial was a 1989 case that was appealed, laid dormant in the 1990s and was finally decided in 2002.  Katie bar the doors!  The investors won and Wall Street knew that the floodgates had been opened... the jig was up!  The common thread among today's securitization beauties is nearly the same as 20 years ago - only worse:

"When the New England real estate market began to collapse in the early 1990s, certain loans acquired by Home Owners [RTC] began to underperform. Upon investigation, Home Owners determined that the original property appraisals that accompanied some of the purchased mortgages were artificially inflated."

Oh, duh? Ya think?  So, now ask any Legislator, Judge or doubting Thomas:

  1. "Did you consider the appraisal on your home as a key reason you bought your mortgage?";
  2. "Would you have purchased your home for $250,000 if it was only worth $175,000?";
  3. "The banks controlled your appraisal, right?";
  4. "What's your home worth now?";
  5. "Do you think this is that your fault - or the bank's?" 

It's not your fault.  You had no control over the back-room game... it's been going on for years and no one has been there to protect you or the investors.  Sad isn't it?

Comment Wall (22 comments)

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At 1:13am on December 30, 2012, Debra Klass said…

Yes...

At 6:22pm on April 18, 2011, Marcy said…
I called today to get an appointment. :-}
At 7:35pm on April 14, 2011, Marcy said…
Thanks so much!
At 7:35pm on April 14, 2011, Marcy said…

I think it may be time to get one.

I need one that "get's It", though.

At 7:34pm on April 13, 2011, Marcy said…

Thanks Virginia,

 

II have done all of those things and more. The AG assistant who is the person actually involved in the 50 state investigation knows me and spoke to BOA on my behalf.

BOA will give me a copy of the note, but that is it. I found out everything else on my own.

 

At this point, I am just wondering if having an Attorney would be helpful to negotiate a fair loan modification, considering the strong likelihood that the loan is not "owned" by who they say it is owned by, and therefore, if they do not give a modification and it goes to foreclosure they 

will have a problem.

 

At 6:22pm on April 12, 2011, Marcy said…

What steams me the most is that back in Jan of 2010 I was going to sell my home because we had some hardships. We really did not want to do that so had sent us info on HAMP in the mail and we heard about HAMP in the news we called BofA and after a two hour phone interveiw I was assured several times I qualified for HAMP and that I we would start on a 3 month trial period no later than 30 days from that day. As long as our financials matched what I gave over the phone ( which they did ), than it would be permanent. 

 

Long story, you know the drill. But they never sent the fed-ex with the trail after a few months told us to miss payments, etc, etc.

 

But the point is that we COULD have sold our home, kept our great credit and even made a small profit , but now we have bad credit, are too far behind and our home is underwater.

 

They used the  government HAMP program to lure us into default through direct lies and fraud.

 

At 6:13pm on April 12, 2011, Marcy said…

I have the prospectus as well.

My loan was either added late or as a substitute , because non of the 17 loans from Hawaii 

had a remaining principal that was over $500,000 ,  my loan was higher than that at the time.

My loan was also originated a year  earlier than the date of this security.

At 6:08pm on April 12, 2011, Marcy said…

Servicer is Bank of America Servicing LLP ( aka Countrywide )

 

ASSET-BACKED CERTIFICATES, SERIES 2004-4
CWABS, INC.,
Depositor
COUNTRYWIDE HOME LOANS, INC.,
Seller
COUNTRYWIDE LFT LLC,
Seller
COUNTRYWIDE HOME LOANS SERVICING LP,
Master Servicer
THE BANK OF NEW YORK,
Trustee
and
BNY WESTERN TRUST COMPANY,
Co-Trustee
-------------------------------
POOLING AND SERVICING AGREEMENT
Dated as of March 1, 2004
-------------------------------
ASSET-BACKED CERTIFICATES, SERIES 2004-4

At 2:19pm on April 12, 2011, Marcy said…
No, it is not MERS. I can not find any assignments in the BOC and the bank sure won't give me any information. I will call TMK , I had not tried that. Thanks!
At 1:04am on April 12, 2011, Marcy said…

Aloha Virginia,

 

I have been fighting with BOA for over a year for a loan mod.

I have managed to get the PSA and the name of the trust my loan mod is in.

I have reason to believe that my loan was never put in the trust, and if it was, I do not believe it was transfered according the the rules of the PSA.

 

I am not in foreclosure ( yet ) but wondering if it there would be an advantage to work with an attorney at this point with the goal being to having leverage to  have the bank settle and give me a fair modification rather than fighting and trying to eventually force foreclosure . 

 
 
 

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