Bank of America thought I died

justiceleague00's avatarJustice League

Bank of America is one bank that is not one of the sharpest knives in the drawer when it comes to hiring the best employees. This takes the cake…

I was on a business trip in Barcelona, Spain, for a week, so I was a bit behind on errands and other life stuff.

Like checking my mail.

On Sunday, I finally caught up and checked my mail for the first time in about six days.

The first letter I opened was this one from Bank of America, where I have checking and savings accounts:
bank of america dead letter

The second letter I opened was another one from Bank of America apologizing for the first letter and assuring me I’m still alive.

Source: Business Insider

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WEAK JUSTICE FOR WALL STREET: HOW A TWISTED DOUBLE STANDARD SAVED CITIGROUP MILLIONS

And if you forged a document and presented it in court – you’d probably be held in contempt, sanctioned and/or in jail.

justiceleague00's avatarJustice League

By David Dayen, The Fiscal Times

If I missed a scheduled payment to a bank, I would probably get hit with a late fee. Credit bureaus would receive a delinquency report. If I continued to miss the payment, debt collectors would harass me at all hours with phone calls. They might take me to court and get a judgment against me that enables them to garnish my wages or my taxrefunds. If the debt was secured — i.e., backed by a piece of collateral — the creditor could initiate proceedings to take that collateral away from me. In the case of a mortgage, that means repossessing my house in a foreclosureaction. They could take my car or strip me of all my other assets.

All of these consequences made the credit system work: Without them, people would be foolish to pay their debts. But if…

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Mortgage settlements in jeopardy, bill killing them moves quietly

Somebody ought to post a billboard in front of the Indiana Capitol building and inform legislators that they work for the citizens – not the banks!

justiceleague00's avatarJustice League

Remember back in the grim days of the mortgage foreclosure crisis? Back when consumers in trouble on their mortgages told horror stories about their inability to reach a live human being at their bank? Back when borrowers would have to fax forms to Wichita on one day and Cleveland the next?

Well, if a proposed piece of legislation working its way through the Indiana House of Representatives is passed as it stands, Hoosier borrowers might find themselves right back there.

Tucked inside Senate Bill 415, on Page 55 of a 104-page bill, is a paragraph repealing language from state code that created, back in 2009, the practice of mortgage settlement conferences for troubled borrowers facing foreclosure.

The change in language isn’t in a bill primarily about mortgages. Most of the bill deals with vacant and abandoned properties. It unanimously passed the Senate in mid-February and is currently in the House’s Local…

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REHYPOTHECATION IS YOUR WEAPON TO ESTABLISH THERE WAS NEVER A MORTGAGE LOAN – THESE WERE ALWAYS SECURITIES!

By Sydney Sullivan

2448936411_Wall_Street_answer_1_xlargeIn a world where the American Dream and Wall Street greed collide, when your life and home are no longer your own, we must look beyond the facade of the documents and dig deeper into the public archives to seek the truth of the concealed path that is destroying our nation built on the rule of law, the slavery of the collateral consisting of people and land records so that a few may prosper while millions of others face peril. It may seem like an impossible battle – until NOW! There is one thing that they didn’t count on – knowledge and truth that will awake your hero and cause the fatal change in their course.

Rehypothecation is your sword – know it well! Continue reading

Mortgage Notes: Those Nasty Assignments!

Unfortunately, the courts treat these documents as traditional mortgages. Under the surface of these arguments is a matrix of cyber technology that establishes these were NTMs (Sheila Bair’s terminology in Bull By the Horns) “non-traditional mortgages.” Judges that proclaim that the homeowner is not a party to the transaction(s) is clueless as to what is actually transpiring.

Prior to the homeowner signing the documents, there is an established and ongoing seamless automation of collateral procurement to securitization and rehypothecation concealed from the homeowner. In the collateral package will be the homeowner’s social security numbers, the property, the homeowner’s credit and ability to pay (forever and ever), among other items.

The entire scheme from start to foreclosure and beyond is patented and filed in the USPTO, as if concealment were legitimate. There are numerous master agreements filed with the SEC that define the collateral packages sent to the Wall Street banks where they use the securities transaction for profit (or in some cases as Lehman loss) on their bottom-line.

The scheme is concealed and generally the homeowners can’t get full disclosure because they can’t obtain discovery. However, the facts are there that the social security numbers are part of the transaction and not even redacted on the 1003 loan application found in the cyber-cloud data storage that is generally shared by the players. Unfortunately, borrowers don’t get the option to “opt-out” for privacy purposes until after the horse has left the barn.

IMHO a 2004 Examination would be quite enlightening if you know what you are hunting for.

BankruptcyRealEstateInsights's avatarBankruptcy-RealEstate-Insights

In re Baber, 523 B.R. 156 (Bankr. E.D. Ark. 2014) –

The debtors objected to a proof of claim filed on behalf of a mortgagee based on issues arising from assignment of the mortgage note by the lender that originated the loan.  The mortgagee responded by, among other things, challenging the standing of the debtors to raise these issues.

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OneWest “is not above the law” – No Merger For You! Bravo Helen Kelly!

OneWest “is not above the law,” said Helen Kelly, a 67-year-old former Minnesota state prosecutor that spoke out during a public hearing on a proposed merger with CIT Group and asserted she encountered difficulties with the lender when she wanted to modify the terms of her mortgage on her Pleasanton, Calif., house. She then compared bankers to an “Ebola virus” that had spread to contaminate homeowners.

The story of OneWest Bank illustrates the federal government’s dubious combination of regulatory indifference and corporate welfare in dealing with the banking industry.

Continue reading

U.S. Is Set to Sue a Dozen Big Banks Over Mortgages – Yeah, sure.

Isn’t it amazing after all these years you’ve never heard the government mention a word about rehypothecation and the added undisclosed risk to your collateral? This is still the best suggestion so far – but it will take a united community from coast to coast to make the tsunami of change:

“The best thing to do is strip ALL the mortgage loans, including REOs, written for the last decade from the banks; have the states take them over and reconstruct them with the borrowers at 0%-2% for 30 years and start creating the desperately needed revenues, in lieu of litigation.”

Deadly Clear's avatarDeadly Clear

So, what’s this? Another charade? Did Geithner or Bernanke suggest, “Hey Barack we’ll fix it, we’ll just file a big lawsuit against everybody and then we’ll cut a deal that let’s the banks off the hook for everything for the $20 billion the AG’s won’t settle on…”

New York Times

By NELSON D. SCHWARTZ
Published: September 1, 2011

The federal agency that oversees the mortgage giants Fannie Mae and Freddie Mac is set to file suits against more than a dozen big banks, accusing them of misrepresenting the quality of mortgage securities they assembled and sold at the height of the housing bubble, and seeking billions of dollars in compensation.

The Federal Housing Finance Agency suits, which are expected to be filed in the coming days in federal court, are aimed at Bank of America, JPMorgan Chase, Goldman Sachs and Deutsche Bank, among others, according to three individuals briefed on the…

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Ocwen set to lose mortgage-servicing contracts with Wells Fargo after default

justiceleague00's avatarJustice League

(Bloomberg) — Ocwen Financial Corp., the mortgage servicer under attack for its handling of home loans, is being fired from overseeing debt backing two bond deals, according to notices sent to bondholders.

Wells Fargo & Co., the trustee for the transactions, said in letters dated Feb. 24 that a majority of investors had directed it to terminate Ocwen. The bank said that it had issued Atlanta-based Ocwen notices informing the servicer that it was doing so.

Downgrades of Ocwen’s servicing ratings last year triggered technical defaults in the bonds, prompting Wells Fargo to solicit instructions from investors on what to do next. They were also among deals where some bondholders had accused Ocwen of “imprudent and improper servicing practices.”

Read on.

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Rockwell P. Ludden, Esq. — A Lawyer who gets it on Securitization and Mortgages

No one should be allowed to rehypothecate your collateral without full disclosure and explicit consent. And if Congress is too blind to see this – how can anyone expect the judiciary to take off their blinders? It’s time to take these issues to the Supreme Court under securities related claims. The rehypothecation agreements were in place long before the borrowers unwittingly entered into the collateral procurement to securitization and rehypothecation scheme.

Unknown's avatarLivinglies's Weblog

see FORECLOSURE, SECURITIZATION DON’T MIX ROCKY&#39S+ARTICLE+in+the+CAPE+COD+TIMES+February+21,+2015

As I write this, I have no recall of Mr. Ludden before today. BUT his article in of all places, the Cape Cod Times, struck me as astonishing in its concise description of the illegal foreclosures that are skimming past Judges desks with hardly a look much less the usually required judicial scrutiny. He says

No one should have the legal right to take your home merely by winking and nodding their way around a significant flaw in the securitization model and whatever burrs it may leave on the industry’s saddle. …

Is there anyone with a present contractual connection to you or the loan who has actually suffered a default? If not, any… foreclosure begins to bear an uncanny resemblance to double dipping.

It is time for Judges to dust off the principle of fundamental fairness that lies at the heart of our…

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JUDGE HAS ENOUGH, TELLS BANK LAWYER SHE IS REFERRING HIM TO THE BAR IN OUR LATEST TRIAL WIN!

justiceleague00's avatarJustice League

Cross-posted from The Law Offices of Evan M. Rosen:

Plaintiff starts off wanting leave to amend to add lost note count at the beginning of trial. Despite pleading owner and holder in a “verified” complaint, they now know the note was lost all along. First, opposing counsel attempts to place blame on the court clerk of court but the clerk who he calls to testify, proffers during their motion that the original was never filed. What they show was that a Notice of Filing of original note was filed in a prior 2009 case but when the bank was ordered to transfer the original note via an order from the Judge in the current 2013 case, they found that only a copy of the note was attached to Plaintiff’s notice of filing the “original note.” This is not the first time we’ve seen or heard this…

Without me saying a…

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