Foreclosure Hamlet

Supporting, Informing & Connecting People in Foreclosure

Wrongful Foreclosure Simply Put ... Loan Pool INSURANCE MAY HAVE PAID OFF YOUR NOTE !

 

Finding info from the net in general and other sites I offer the following.

In order to maintain the integrity of the real estate mortgage backed security(RMBS) investment or securitization vehicles such as trusts, remic's etc. that your loan is/was a part of you must look at the MANDATED procedure to extract a defaulted mortgage from the pool.  You may see (most probably) that your loan has mortgage insurance and is declared PAID IN FULL on default. In other words a third party interest has paid off the note completing your contract, after the fact, when foreclosure action is completed by the court. The note, being satisfied, should be returned to you PAID IN FULL to protect you from pretender lenders or others.

The BANK AND ITS ATTORNEY KNOW/KNEW OR SHOULD HAVE KNOWN this and that they are, in fact, initiating a foreclosure action under a mortgage contract for non payment that will confirm default and trigger the insurance paying your obligation in full, not market value, finding them UNDUE ENRICHMENT.  As it is the mill presenting to the court, "if" fraud is present, then the mill is guilty of presenting such to the courts and cannot be denied.

Pretty slick really and with the HO necessarily foreclosed and out of the picture the bank collects the full loan amount due plus the property to sell again. Also, there is sure to have been activity in the Credit Default Swap arena, also triggered by foreclosure, and other incentives involved that give banks a better position in taxation and allowing increased leverage.  This up to 30 times, and more, of reserves against mortgage transactions. The more loans given, the more money available to loan, the more foreclosures and perpetuation of the scam.

No wonder the insurance companies (think AIG, MBIA, etc.) the GSE's, the banks and all the big players are in litigation. So what came first the chicken (mortgage contract) or the egg (insurance).  Understanding the nature of the scam they both appeared at the same time, one dependant on the other. What with insurance GUARANTEEING payment in full ANYONE could get a loan and all loans were insured. Then, as we all know, these loans were DESIGNED TO FAIL. Fog a mirror ... get a loan.  What I state here is being said in court by the insurance companies and their outcome will directly affect all who read this.

Keeping robosigning, securitization, standing, blue ink, who got the note and all other such issues aside and considering that all paperworks were done legally and all rules followed, the very structure of the investment found no risk and guaranteed higher reward in foreclosure than mods or redemptions incentivizing both the bank and it's mill attorney to pursue/force foreclosure. The elusive perfect investment.  No wonder the banks were urging people to stop paying to find access to HAMP program and then reneging.  It is as if they sold you a car at the top of a hill with a "pretty good idea" the brakes would fail and taking insurance that you would get into an accident (mod) or total the car (be foreclosed).

The brakes might be equated as the underwriting standards and the ability of the ratings agencies to give AAA ratings to all ... turning straw into gold.  The banks attorney refused my payment in full on amounts I had been given and agreed to with them. I have e mail from David Trott, owner of the mill, refusing. He also owns or has interest in many other mortgage "default" concerns across the country that find him undue enrichment.  These are inclusive of real estate, title agency, Legal News, Dolan Media/NDEX and more. He was so fearful that I would expose him that he found a cocked up excuse to have me put in jail.

Question ... is this inherently illegal or just slick banking/lawyering ? 

 

 

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Comment by saving my home in floridah on June 9, 2012 at 11:27am
Comment by chuck hutaff on April 24, 2012 at 1:01am

Wow !!!!  A realy great source of info !  Thank you for more clairity on the cloud the banks are pulling over our eyes ! I have tried for over 3 years to "Do the right thing" and now understand why I was so alone on this. I paid for this insurance thing and what do I get in return ?  Higher taxes,etc. from the banks greed and a corrupt system of controls. THANKS :-)

 

 

Comment by Darrell Kanka on April 23, 2012 at 2:31am

Thank you for your advice and direction Norah.

All I can say is Gee ... why didn't I think of that ?

Comment by Norah Hart on April 22, 2012 at 3:10pm

You can bring a suit, if you were foreclosed upon, and you can make demands for discovery, and serve them with interrogatories that they are required to answer usually within twenty days, and you could ask, "What types of insurance coverage did the lender have covering the property?" "What insurance claims were filed/paid/collected and when and in what amounts" and You may be able to request a pre-litigation subpoena in some states.  

Comment by albert on April 20, 2012 at 10:30pm

i would like to know that too....

Comment by breadalone on April 20, 2012 at 12:36pm

Interesting and informative for me. However now the problem for me being how would I find the proof that they were paid, sorry for my ignorance as this is all so much to take in. I have been trying to learn here since 9/2011 but its all so much I get soooo confused at times reading all this and trying to make the puzzle fit together. Thank you much for all you do....

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