Hi. I am filing my answer to the UD on Monday After Losing my Demurrer. I have a new legal consultant well versed in defending the UD. I did not know about the New Language e now found in some NOTs And Mine has the New Language I.e., The Word Lien (see Neil Garfield on this issue). So this helps me with framing my affirmative defense; also I went to the Recorders office to check on the Sig of Notary, appears I may have a Forgery on my trustee deed upon sale doc so I have the certified notary sig for evidence I have learned so much from him and continue to do so. Will let all know the outcome.
Thank you. I'm just beginning to wade through the mud surrounding this mortgage business. We applied for a HAMP, are not behind in our mortgage but I'm beginning to think the mortgage company is taking it as an opportunity to play games. Thank you for the site!
Our SECURITIZATION/FRAUD SWORN AFFIDAVITS are written by attorneys and attest in an admissible way, to the matter of standing. We never say, you do not owe a debt, but rather, not to the parties suing you. The affidavit is what is needed in Federal Court to win. Without it...they win. propertyrightslawgrp.com
Phred...can you look at my convo string with Millie? --- I guess that is what I don't understand...I thought that I saw that when you are in BK you dispute the property in your filing, no matter if it was sold or not. Then once the bk trustee files a no asset, then you file abandonment and then adversary...Phred can you add your two cents?
Phred- thought I would get back to you regarding the WFASC 2005-AR10 you commented back on in September. After we filed our Chapter 11 case to stave off a Trustee sale, US Bank filed a proof of claim that included a copy of our promissory note endorsed in blank along with a 2nd assignment.... this one directly from Wells Fargo, N.A. to US Bank as trustee for....(about a paragraph of explanations about who US Bank was trustee for- on and on). So then we have 2 assignments on the public record to US BAnk as trustee for 2 different principals. Our Chapter 11 was dismissed for technical errors by a hostile judge... nullifying the automatic stay. almost immediately the Trustee re-calendered our sale.... based on the first assignment-even though there was a 2nd assignment to another principal. I think we have a clear cut case of wrongful foreclosure, fraud, and FTPA violations and could sue US Bank et al in civil court for damages.... but we re-filed in BK so we have a stay until November 3. I wonder of the terrorist possibility you brought up, or something similar, is going on here. Who the heck is this entity that would end up with the money from the sale of our house? There are foreclosures all over the country being done in this (and other similar entities) names. Where does all that money go? I doubt it ends up with the Trustee for the Certificate Trust. Maybe this is one reason Certificates collapse- the foreclosure money never makes it there.... the Banks simply take it. CC
this case has been going on for some time. While the decision appears to a negative one for anyone fighting a mechanics lien, it may be solid gold for filings against real property in WA , while the law is ambiguous on the lien issue it is very clear on its requirement for the corporate endorsements on real property filings that effect title. I have found that the appointment for the substitute trustee in my case does not comply with the RCW 64.04.020 or RCW 64.08.070, which I guess would make their filing invalid according to the recent S court clarification. This should also make their NOS filing invalid if this holds true. My question is how do I bring this to the court's attention? I have no experience as a litigant Pro Se or otherwise. I wonder if WA is the only state with this possible loophole? I also noticed the notary on my NOS is a California notary which also has an attestation which may be a violation of California civil code. § 1189(2)(c) On documents to be filed in another state or jurisdiction of the United States, a California notary public may complete any acknowledgment form as may be required in that other state or jurisdiction on a document, provided the form does not require the notary to determine or certify that the signer holds a particular representative capacity or to make other determinations and certifications not allowed by California law
The trustee is Quality Loan Services which is owned by McCarthy Holthus, I would really appreciate any thoughts you may have this, I have read some your postings you are obviously very astute as it appears you have earned your knowledge through attrition. Best Regards, Jay a Hamlet newbie.
Phred I missed everything you responded to me with - please accept my apology - and thanks for responses even though I didn't get to read them - not sure if I can go back or not if so, please let me know - thanks!! Deby
I'm still in limbo mode but with stronger case I believe.
QWR identification is an issue it looks like. I included an electronic signature on mine with copy of Social Security and signature. License may be preferred. Also had researcher co-sign. Effective in stopping sale and acknowledged.
Also understand you need to send to address they specify. Luckily I recalled letter that they were sending encouraging QWR with specific VP. Sent to CEO Jamie Dimon and VP in letter. Need to track down if not posted somewhere.
With Chase I am receiving letters that they need time to respond to extensive QWR letter. Received every 2 weeks since early April.
Been told they are in violation of law. Looks like your link will clarify. Getting ready to write to AG. Thanks for posting!
I tried to get a promissory from trustee corps and they told me I needed to get it from my lender Indymac one west so I contacted the person who called us in response to our complaint with the attorney generals office and asked him to obtain the promissory note for me. We will see. Thank you for the advice we are looking for an attorney who can help us sue indymac one west we believe we have a good case against the bank and we cannot allow them to continue doing this to people. Thanks again Marie