The Banks Have Turned
"The American Dream"
of Owning a Home & Raising a Family Into
"The American Nightmare!"
Be very Careful because the Banks are trying to confuse you about modifying your loan. On one hand they pretend to want to work things out with you...but on the other hand they are moving forward in foreclosure court against you!!!
They could tell you within minutes of speaking with you, whether or not you could qualify, but they choose to drag this process out for months....sometimes as long as 6 months or more. Then at the end they tell you that you don't qualify, and this is after you sent in the forbearance payments.
AND GUESS WHAT?
YOU'RE IN FORECLOSURE!!!
DON'T FALL FOR THE BANKS MODIFICATION MADDNESS!!!
CALL NOW 1 - 888 - 377 - 1371
Middle Class America
Is Under Attack From...
"ECONOMIC TERRORI$M"
&
The Banks have sold your loan with millions of others on Wall Street,
as a security, and haven't documented the information properly and can't prove a valid lein yet alone a valid foreclosure.
Don't Re-Establih Your Missing Documents By Signing A Loan Modification & Transfering The Leverage You May Now Have Back To The Bank!
Learn how to fight back and STAY IN YOUR HOME
New York Times 10/28
But You Must Be Realistic In What Options You May Have:
Here's the problem, you can't SELL your Home because you owe more than the house is worth, and not only is no one buying but the few that are want to steal it and it's also difficult to find financing today.
You can't REFINANCE your loan because no bank will appraise your home according to what your loan amount is, and it's difficult to qualify, especially if your household income has been reduced.
You can't get a
"QUALITY" LOAN MODIFICATION with any real relief because you either don't qualify for one, because of
job loss & income reductions, or you owe so much more money then your home is now worth, or the offer the Banks make to you are
INSULTING AT BEST!!!
A SHORT SALE may end up with a deficiency judgment and / or a 1099 from the IRS for the balance from you, and BANKRUPTCY can help with a fresh start but that is something that can be utilized at a later date, if necessary and should be determined by a Qualified Attorney.
So really, what options are left for you???
Where do you go??? Do you have somewhere else to live???
If your choices are limited and you need more time to figure things out
then call now for free consultation
1-888-377-1371
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This website is dedicated to helping Families Stay In Their Home.
It is updated daily, with breaking news that bears what we have been saying for years....YOU DO HAVE RIGHTS!!
The information is free - but the education is priceless
So please take the time and take advantage of years of research and materials compiled here for YOU!
*please check out the *LINKS BELOW
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WE ARE NOT A LOAN MODIFICATION COMPANY
If you're struggling to make your mortgage payments, missed a few months and waiting for that knock at the door with Foreclosure Notification, or maybe you've received Foreclosure Papers and don't know where to turn......
You may be able to stay in your home, fight the foreclosure with a Qualified Attorney, and not pay the bank because they didn't document your information properly to prove a valid lien, yet alone a valid foreclosure.
A sharp legal eye will find faults with the Lost Promissory Note & Who Actually Owns It, The Mortgage Pooling Agreements, Note Assignments, Mortgage Investor Trust Agreements, Improper Endorsements, Compliant State Filings, Material Disclosure Violations, Improper Foreclosure Filings, TILA Violations, and
Rampant Unfair & Deceptive Systemic Patterns of Your Loan.
You May Need A Qualified Attorney!
Call Now For Free Consultation
1- 888 - 377 - 1371
The Banks Are Using Unjust, Unfair, Greedy Practices
To Separate You From Your Home &
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You Must Stand Up and Challenge The Banks & Fight for Your Rights,
CALL NOW - 24 HOURS - 7 DAYS:
1 - 888 - 377 - 1371
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MSNBC REPORT SEPT 24, '09
*ATTENTION HOMEOWNERS:
The new trick the Banks are pulling is to act like they're working things out with you, but they are really moving forward with FORECLOSURE PROCEEDINGS AGAINST YOU IN THE COURTS!!!
Be Careful, Don't Trust Anyone!....Do Your Homework!!!
The facts are less than 9% of ALL ELIGIBLE HOMEOWNERS, actually received any help from the so-called "BAILOUT$"
(see important info links page)
The Government statistics are out and if you purchased or refinanced your home since 2002, your chances of owing a lot more money on your home than it's now worth,
will be a lot worse by the beginning of 2011.
Below are statistics revealed that reflect how many home mortgage balances will be:
"UpsideDown" or "UnderWater" According to U.S. Government by 2011:
*South Florida = 90%
Las Vegas Nevada = 89%
Phoenix Arizona = 83%
New York City Area = 68%
Boston Massachusetts = 64%
Hartford Connecticut = 59%
Newark New Jersey = 59%
Atlanta Georgia = 58%
Average U.S. City = 49%
These facts reflect that At Least 10 Million More Foreclosures are coming by 2011.
These are alarming statistics and you need to understand what they mean to you, why they go hand in hand with the job market, and how to fight back.
*Arm yourself with the knowledge you need to save your home!
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Please take the time to review 3 years worth of research on this website that's dedicated to keep you in your home.
Call Toll Free 1-888-377-1371
How can the banks foreclosure on your home,
if they can't find your
Original Promissory Note?
You Must Stand Up and Fight Back,
FREE CONSULTATIONS
1-888-377-1371
MIDDLE CLASS AMERICA IS UNDER ATTACK FROM
ECONOMIC TERRORISM BY THE BANKS!
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*This website contains years of research and information for homeowners, dedicated to helping families stay in their home in Florida, New York, Massachusetts, Conn., N.J., Georgia, and many more states. Florida, New York, Massachusetts, Conn., N.J., Georgia, and many more states.
This website contains no advertisements, but some *links may.
Please check out the *links for informative references, testimonials, and important up to date materials for you to intelligently use to save your home.
We have *links throughout this site to educate and inform the homeowner. Also please be sure to go to:
To fully understand what some experts say is,
against the public that is now taking place in America!
Also be sure you read the related 3rd Party Testimonies on the:
"Important Info Links Page".
If Saving Your Home Is Important To You
Then Please Take The Time To Thoroughly Review This Website.
You Need To Be Aware Of Your Rights And Do Your Homework To Educate Yourself With Information That Will Empower You To Know How You Can Save Your Home From The Foreclosure Epidemic That's Sweeping Across America.
Home Owners Help Line Will Show You How To
Challenge The Ownership of Your Note
nor do we recommend automatically trying to modifying your loan.
Don't help the Banks, by re-establishing your "Lost Note" by modifying your loan and losing all your leverage with the bank
Are you sure your lender really owns your note?
Then why don’t you make them prove it and not steal it!
The Ohio ruling in which Judge Christopher A. Boyko of the Eastern Ohio United States District Court, on October 31, 2007 dismissed 14 Deutsche Bank-filed foreclosures in a ruling based on lack of standing for not owning/holding the mortgage loan at the time the lawsuits were filed. Judge Boyko issued an order requiring the Plaintiffs in a number of pending foreclosure cases to file a copy of the executed Assignment demonstrating Plaintiff (Deutsche Bank) was the holder and owner of the Note and Mortgage as of the date the Complaint was filed, or the court would enter a dismissal.
is a powerful legal aid attorney and foreclosure defense pioneer in Jacksonville Florida said this about the Ohio rulings, “This court order is what I have been saying in my cases. This is rampant fraud on every court in America or non-judicial foreclosure fraud where the securitized trusts are filing foreclosures when they never own/hold the mortgage loan at the commencement of the foreclosure.”Charney said, “That means that the loans are clearly in default at the time of any eventual transfer of the ownership of the mortgage loans to the trusts. This means that the loans are being held by the originating lenders after the alleged “sale” to the trust despite what it says per the pooling and servicing agreements and despite what the securities laws require. “This also means that many securitized trusts don’t really, legally own these bad loans.”
She went on to say, “In my cases, many of the trusts try to argue equitable assignment that predates the filing of the foreclosure, but a securitized trust cannot take an equitable assignment of a mortgage loan. It also means that the securitized trusts own nothing.”
Now, this is quickly becoming a preferred punch of choice used by cleverly trained homeowners and aggressive heavy weight attorneys to bring lenders to their knees with a swift jab to the chin during the foreclosure process. I can almost guarantee that your lender or servicer will not want to see you in the foreclosure ring if you have been training using the above fighting technique.
Call For Free Consultations 1-888-377-1371
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Please Call If You Have Trouble Finding Your Loan
or Navigating The MERS Site Below - 1-888-377-1371
MERS created by the Mortgage Bankers Association over 10 years ago.
It's purpose was to allow a streamlined paperless system of trading millions of loans on Wall Street as Mortgage Backed Securities.
This is where the story begins.
The Fundamentals:
In the period beginning in 1999 and ending in March of 2008, Mortgage Electronic Registration Systems Inc., a/k/a/ MERS, has been named as a “mortgagee” on over sixty million mortgages. Yet MERS has never originated a single mortgage loan nor loaned a dime to a single borrower. In 2001 the New York Supreme Court ordered the Suffolk County Clerk to accept MERS mortgages for recording as a purely ministerial duty. However the Court DENIED MERS request for a judgment declaring that MERS mortgages were “lawful in all respects” when in fact they are not.
The New York Court of Appeals affirmed the Supreme Court’s order directing the County Clerk to record MERS mortgages. The Court of Appeals did not reverse the Supreme Court’s denial of MERS request for a judicial declaration that MERS mortgages are “lawful in all respects”. MERS, for obvious reasons, DID NOT want a published opinion the fact that MERS mortgages are legal nullities and/or that MERS has no standing to enforce a mortgage when it is not a creditor entitled to collect a debt. Other States have had Courts Rule similar to New York.
·
No Note - No Foreclosure
In reality MERS is really nothing more than a shell, or a front corporation for its so-called “members”. Many of these MERS members were once some of the most prestigious names in American finance. Many MERS members are now reporting hundreds of billions of dollars of losses as result of their ill conceived scheme to ramp up mortgage origination so they could pretend to flip millions of mortgage loans into trusts in exchange for trillions of dollars of investors money. One big problem was that the promissory notes were never actually delivered to the trustees of these trusts.
Therefore these trusts have no evidence of ownership of the debts they purportedly purchased.
Akin to purchasing a home without being given a deed. To make matters worse many of the debts evidenced by these undelivered promissory notes were supposed to be secured by mortgage liens. However in place of mortgages being executed in favor of the original lender many of these mortgages were executed in favor of MERS. Because MERS never holds these notes or owns a debt it is not a creditor.
MERS has no legal standing to enforce a debt, or so it told the Nebraska Court of Appeals in 2005. However this lack of standing defense must be raised by property owners who are sued with foreclosure.
Call Now 1-888-377-1371
Are On The Horizon By The End Of 2010"
According to The Secretary of The Treasury:
Call our toll free Help Line 24 hours 1 - 888-377-1371
Many South Florida residents in Miami-Dade, Broward County and Palm Beach County in foreclosure are dealt cases that are missing the proper paperwork to foreclose.
This Florida foreclosure process is a sad representation of the lack of enforcement in our society. A fact known to most Florida foreclosure lawyers is that these banks and lawyers are paid, almost on commission, by the number of foreclosures they process in a day.
Unfortunately, Florida foreclosure courts are so overburdened that the judges in many cases are not always reviewing the bank’s documents to see if they have properly prepared their case.
Frequently, in these Florida foreclosure cases, the bank has lost the homeowner in foreclosure’s promissory note and will claim it has been misplaced.
The question we are trained to ask as a Florida foreclosure defense attorney is: did the bank ever really have the promissory note to begin with? In court, the bank can only say they lost the note, if in fact they can prove that they had possession of the note in the first place.
Many times during Florida foreclosure court, the banks will have difficulty proving that they ever had the note and mortgage. In reality, these notes and mortgages have been sold and/or traded years ago. Many of homeowners’ promissory notes and mortgages have been pooled, stripped and divided so many times that no one really knows who owns the note and mortgage.
These simple notes and mortgages have been turned into obscure securities sold and resold by investment banks — many of which have already disappeared — to unsuspecting investors all over the world. Now these “obscure securities” are being called “toxic securities” and are at the root of the economic melt down. In fact, the government has been buying these toxic securities as part of the economic bailout in 2008.
As any first year law student knows, when a mortgage is sold to a third party it must be assigned and recorded in the public records. Oddly enough, many of the notes and mortgages that were sold and packaged were not properly assigned and recorded in the public records. Legally, for a Florida foreclosure to proceed through the courts, the chain of title must be shown on the face of the foreclosure complaint. Luckily for many Florida foreclosures, that frequently does not occur.
If you’d like to find out how you can save your home from foreclosure call
1-888-377-1371
click below to hear what Rep. Marcy Kaptur In The US House of Congress is saying about the Lost Note Defense and how it
From the transcript of an evidence hearing - MERS v. Cabrera:
"It truly concerns me, however, that thousands and thousands -- thousands and thousands of mortgage foreclosure actions have been filed with these allegations. I am not certain what remedy, if any, these people would have were it to be determined that MERS was not ever the proper party notwithstanding that these folks [might] have been in default what their recourse, if any, would be. I'm not certain with the satisfaction of mortgages that have been filed on behalf of MERS how good those are and I am not certain how good title to property is that people bought at these foreclosure sales if it turns or becomes established that MERS was indeed not only not the right party but misrepresented by way of their pleadings and affidavits that they held something they didn't own, so I'm not certain of the consequences but it seems vast and possible for Quite Title
We are not a loan modification company nor do we recommend modifying your loan. Modifying your Note will NOT address the fact that you owe more than your home is worth. In 98% of all Loan Modifications, the principal balance is never addressed in your favor.
In over 64% of Loan Modifications completed in the last year, the homeowner has *defaulted again; and because the first thing they have you do is to re-establish your note, they now have the power for an effective foreclosure and eviction process against you. If your loan was placed in a "Mortgage Backed Security", then modifying it will hurt you. The program created by the Banks that enabled them to trade 60 Million Mortgages on Wall Street is called MERS - Mortgage Electronic Registration System.
What this MERS program allowed them to do was to bundle thousands of loans together and sell them as a security on Wall Street in a paperless fashion, to overseas investors.
They sold these loans several times over and in their lust for greed, they neglected to document important information that includes the NOTE on your property.
Florida Statue Law clearly states that they MUST HAVE THE ORIGINAL NOTE SINGED IN BLUE INK BY THE BORROWER, to enforce the conveyance of lean on your property.
A Promissory Note is a "*Negotiable Instrument" like a Check, Deed, Title, or a Stock Certificate. You can't use a copy of a check and expect the Bank to cash it...can you? Of course Not!!!
It's easy to find out if your mortgage was placed into MERS with one quick call to us.
Call our toll free Help Line 24 hours 1-888-377-1371
YOU CAN STOP MAKING MORTGAGE PAYMENTS FOR UP TO 2 YEARS
AND SAFELY STAY IN YOUR HOME WHILE YOU DEMAND NOTE FROM BANK
Click onto link below for New York Times Story about the MERS system
Common thread which is emerging in foreclosure cases is the claim of the plaintiff (aka the “foreclosing party”) that they have “lost the note and/or mortgage”. In such a case, the foreclosing party may file an Affidavit as to the lost note and mortgage in a purported attempt to cure the material defect of proof of ownership and production of the original note and mortgage.
This position should be met with a vigorous challenge based on what is being discovered in case after case: that the “plaintiff” does not and has never had the original note OR mortgage, which was probably sold or assigned more than once and may today be somewhere in the Cayman Islands as part of a specialized
investment vehicle.
Thus, when a borrower or borrower’s attorney is met with such a position, several defenses should be considered. These “affirmative defenses” may take the form of or be asserted along the following lines, provided they are asserted in
good faith:
1. Upon information and belief, the mortgage note has been paid in whole or in part by one or more undisclosed third party(ies) who, prior to or contemporaneously with the closing on the “loan”, paid the originating lender in exchange for certain unrecorded rights to the revenues arising out of the loan documents.
2. Upon information and belief and in connection with the matters the subject of paragraph “1” above, Plaintiff (foreclosing party) has no financial interest in the note or mortgage.
3. Upon information and belief, the original note was destroyed or was transferred to a structured investment vehicle which may be located offshore, which also has no interest in the note or mortgage or revenue thereunder.
4. Upon information and belief, the revenue stream deriving from the note and mortgage was eviscerated upon one or more assignments of the note and mortgage to third parties and parsing of obligations as part of the securitization process, some of whom were joined as co-obligors and co-obligees in connection with the closing.
5. To the extent that Plaintiff has been paid on the underlying obligation or has no legal interest therein or in the note or mortgage, or does not have lawful possession of the note or mortgage, Plaintiff’s allegations of possession and capacity to institute foreclosure constitute a fraud upon the court.
6. Based upon one or more of the affirmative defenses set forth above, Defendant (borrower’s name) is entitled to a release and satisfaction of the note and mortgage and dismissal of the foreclosure claim with prejudice.
CALL 1-888-377-1371
You can open the door to obtain free and clear title to your home in the midst of efforts to stop foreclosure and save your home
With the amount of frequent law violations the lenders and servicers of your mortgage and loan typically engage in, it is possible to have the number and/or severity of the violations add up so high as to warranty a judge or a jury to grant you free and clear title, i.e. good and clean title to your property.
There are times where the only real, fair and equitable remedy for the homeowner is to sever the link between the mortgage loan and the lenders interest in the property due to failings on the part of the lender to demonstrate it. The lender can overcome numerous technical requirements that must be met in COURT in order to foreclose, when those technical requirements are brought up/alleged by the homeowner, in court, to challenge the lenders right to sue.
Technical requirements placed on the Lender that restrict the lenders rights to foreclose can stem from asserting violations and/or failure to meet standards in several different areas e.g. Truth In Lending, HOEPA, RESPA, mortgage note requirements, etc, and therefore the lender loses the privilege to sue and foreclose, and may be ordered to serve "Quite Title".
A homeowner has the right to demand all lender requirements needed to have standing to sue and foreclose be met and present at the time the Plaintiff/Lender started the foreclosure action and if the threshold for being able to lawfully sue is not met and the violations the lender has engaged in are sufficient to negate the Lender’s interest
Because of the nature and quantity of the numerous laws that govern mortgages, if a homeowner alleges all, or a great many, of the possible violations that can be asserted against a lender, and demands remedies for those damages the cumulative effect can put a lender in the positions of looking real bad and having acted in bad faith in the origination and servicing of the loan and put the homeowner in great shape for obtaining damages and even the relief of clear title.
We offer real relief for the very real worries of today's economic problems and the Banks attitude of greed by selling your mortgage over and over again to mostly Chinese investors.
The Banks have been using unjust practices for years now and it's time for Homeowners across the country to stand up and challenge the big banks and hold them accountable.
There are laws currently in place that favor your right to stay and keep your home, and the Banks know this and that is why they want to offer you these "Token" modifications.
So don't get caught in all the Loan Mod Hype, use the laws in your favor and fight back and open the door to possible free and clear title obtainment for your home.
Fight a guerrilla war on foreclosures! by CT Mon Mar 02, 2009 at 05:13:47 PM PDT Hundreds of thousand of American home owners are faced with overwhelming mortgages and many are facing foreclosure. There is a way to fight back using a grassroots guerrilla operation and it’s important to do this before the hapless dupes in treasury start negotiating with the banks about foreclosure options. What huge numbers of people must do is tell their banks, mortgage companies, lending institutions, or loan sharks to “produce the note.” The actual promissory note between lender and borrower is the only evidence that a debt on anything is actually owed, and to whom. The problem for the banks is that they are required to record and log every transfer of the thousands of notes they bundled and transferred into securitization trusts. The banks have been sloppy in maintaining their books and most cannot find the original note, which is the actual contract that says you owe money. If they cannot find the note (within a statute of limitations), they cannot prove you owe anything, and you cannot be evicted from your home. So stay put.
Fighting Foreclosures - The Banks "Are Screwed" Wed Feb 11, 2009
"Bringing a Wealth of Justice to Those Who Have Neither" With all of the money the Jim Jones Banks have been throwing at the media, sports teams and mouth pieces, you'd think when one little lady is throwing a monkey wrench in the works they'd have something to say. But one lady's got em speechless - EF Hutton style - And all she's got to say is "Where's the Note?" \
April Charney is the leading voice against the Banks Unjust Practices and we are here to help!
Call us today for a FREE consultation!
THIS PHONE CALL COULD MEAN THE DIFFERENCE OF KEEPING OR LOSING YOUR HOME, SO CALL TODAY!
Free Call 1-888-377-1371 - 24 hours
