Delaware AG Beau Biden: Fighting Fraudclosure
October 28, 2011
Dylan Ratigan has been a powerful journalist in the investigative media exposing the frauds and government mismanagement of the Wall Street Ponzi scheme that lead to the worldwide financial collapse. Delaware AG Beau Biden is the most recent of attorneys general to file a lawsuit on behalf of the homeowners in Massachusetts against MERSCORP, Inc. Ratigan’s interview with AG Biden identifies the significant issues that ALL attorneys general (including Hawaii) should be considering.
CLICK HERE for the interview.
Delaware Attorney General Beau Biden sued the private national mortgage registry MERS, alleging a slew of deceptive trade practices that prevent homeowners from staving off foreclosure.
Ratigan: “Well, Washington’s not working, and neither are 30 million Americans. millions more Americans have either lost their homes or risk of foreclosure, and many are simply trapped in homes that prevent them from being able to start anew or expand in a new entrepreneurial way because they are stuck in a trapped housing market. Fraudulent actions abound, none of them or a few of them investigated. Mortgage companies at the center of many of them.
And as we know, a group of state attorneys general are fighting back on a group of constituents in their state, even where washington at this point has failed to do so. delaware attorney general Beau Biden, for instance, this week filing a lawsuit — and this is
instant — against what is called the private national mortgage registry, which probably doesn’t excite you that much. It also is called MERS, but this is the business that is owned and funded by the large banks that processes, as you can see, 60% of the mortgages in the United States. That is the recordkeeping payment collection mechanism and the lawsuit alleges that this recordkeeping and payment collection mechanism deceived borrows by cutting corners and breaking their own rules related not only to the foreclosure process, but to the customer service process in general. And back with us again is Delaware attorney general, Beau Biden. and if you wouldn’t mind, sir, give us a sense of what precisely it is the lawsuit you filed is seeking to pursue.”
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By DEADLY CLEAR
Is your mortgage really in default? Maybe not. Your loan may have been paid by Credit Default Swaps (CDS) several times over. If you are not sure what CDS are or how they affect your promissory note, watch for the next DEADLY CLEAR post to learn more about the insurance-like product that paid off the notes. As in any murder mystery – “follow the money”
…Your loan may be currently paid – and it doesn’t matter who may be paying it.
We have a lot to learn. More to come.
Deadly Clear 
Dear DC,
The FDIC has given One West Bank a free trip to Vegas with the downside risk covered by the taxpayers.
This type of collusion with the government and some banks has helped to put me in a grave situation having to go to the Hawaii Supreme Court just to be able to try to stay in my house until I get due process. Why?
In 2009 I fell Ill and am disabled with a long term disability insurance policy. I have been to the Mayo Cinic in Rotchester Minnesota twice in the last two years ( I live in Hawaii). When I was on short term disability I called One West Bank because I’d heard of the HAMP ( Home Affordable Modification Program). I was told by One West to go 90 days delinquent then I would qualify ( I have since heard that that is when they can put the FDIC on the hook for my loan and the credit default kicks in?). I was invited to apply and was granted a modification. It stated that as long as I made my thee trial payments on time I would be granted modification.
The mod lowered my payment by about $350. I was sure not to mess this opportunity up I even paid by cashiers check. None the less on the 20th of August 2 2/3rds of the way through and always being early with my payment I received a letter along with my last payment returned stating that the amount paid which was exactly what was asked of me was not the outstanding balance. After getting nowhere and being told I could re-apply I was served foreclosure papers soon after. I was devastated. My 8 year old daughter has never known another house and my wife and I had worked and tirelessly on it ourselves to make it our home.
I started to look for the best attorney in Hawaii for my problem, Gary Dubin’s name kept coming up. I heard he was not the cheapest but the best. I went to see him and he looked over my situation and told me my case was very strong. I retained him with a fairly large retainer. His very capable associate attorney Frederick Arensmeyer found out that my home had been sold to Fannie Mae on the 10th of August while I was current on my mortgage under One West’s terms. The price? $10 This is a clear case of fraud in the inducement and the attempt to take advantage of someone in distress. I am sure my health has become worse in no part because of the stress, lack of sleep and mental anguish this fraudulent bank has put me through. Never knowing if the ax is going to fall is a sure way of taking “the American Dream” and turning it to a nightmare. From what I can see One West has been committing this modification fraud on a HUGE scale. The sweet heart deal that One West Scored from this administration with our Bail-Out money and the FDIC have made it a much better deal for the bank to screw the people rather than help. Please see the link below for a very brief explanation of this. HAMP is a front when it comes to One West. One need only to Google “modification fraud One West Bank” and you will find scores of other people that have had similar dealings but perhaps not as outstanding council or none at all.
On top of this the Lahaina District Court has approved eviction orders and only took five minutes to review 300 pages of material. I am forced to go to the Hawaii Supreme Court to file an Emergency Petiton for a Writ of Mandanumus to the so-called Honorable Blaine Kobayashi. Without proper jurisdiction this Distict Court Judge would rather throw me on the street and allow obvious interstate fraud by a bailed out institution to go unchecked. He would rather side with the out of state bank than a long term resident that has be in Hawaii 15 years and has always been an upstanding citizen having great respect for the law. I will suffer irreparable harm without the facts ever being heard should I be evicted. Has this Judge ever heard of the 5th amendment?
Why would a judge be so one-sided and refuse to follow the same type of respect for the higher courts here in Hawaii? Are judges pension funds and the mutual funds that they contain a possible reason? In the face of all the animus towards banks for taking our money in the form of Bail-Outs then not lending or lending to foreign banks, robo signing and many other scandals why does this judge side with the institutions that seem to not respect the law? My case is fraud pure and simple.
Fraud definition:
A false representation of a matter of fact—whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed—that deceives and is intended to deceive another so that the individual will act upon it to her or his legal injury.
One West Sweetheart deal:
Thank you for considering my case,
David Brown
P.S. I was just found a notice of eviction on my front door telling me to be out by the 12th of November.
I am so sorry DB…I am in the same boat, just a little behind you.Sue the #!*!!!!!
Get/do an eviction delay tactic to get time to fight them.Get some help! Do not give up!
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