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VIRGINIA's Blog

FORECLOSURE MEDIATION IS A BOOBY TRAP

Posted on May 21, 2012 at 1:34am 0 Comments

Posted By DeadlyClear on
 May 20, 2012

Mediation suggested by the courts –…
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Investors One Corp. to Bank of America – Psychotic Behavior – An Intentional Pattern of Abuse:

Posted on May 5, 2012 at 11:28pm 0 Comments

Posted by DeadlyClear on May 5, 2012



“Psychosis is a clinical condition in which the affected person loses…

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Behind the Securitization Curtain – 21st Century Mortgage Casino

Posted on April 19, 2012 at 3:33am 0 Comments

Posted by DEADLY CLEAR on April 18, 2012



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SECURITIZED DISTRUST

Posted on March 15, 2012 at 6:39am 0 Comments

by Gary Victor Dubin, Esq. Honolulu, Hawaii


Gary Victor Dubin is a dynamite Honolulu foreclosure defense attorney with over 40 wins in foreclosure courts for his clients just in the last year. This is a stunning success given the current judicial climate…

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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 (21 comments)

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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 . 

At 4:54pm on January 11, 2011, jamesForclosure said…
 
 
 

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