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Breaking News for Homeowners Facing Foreclosure:
According to a government FDIC audit nearly 83% of mortgages survey contained legal errors and violations that could be problematic for lenders attempting to foreclose!
Do You Have One of Them?
If you are currently facing foreclosure, or you have recently lost your home to foreclosure, we recommend that you take immediate action and register for a FREE Mortgage Fraud Analysis. We will analysis your mortgage loan documents for signs of fraud, and show you a proven way to save time and money and increase your odds of success suing for financial compensation for mortgage fraud, clear and free title to your home, or both!
FREE CFPB AUDIT AND FEDERAL LAWSUIT
In addition to the FREE Mortgage Fraud Analysis that we will conduct for you, we can also connect you to a law firm that specializes in suing the banks for violations of federal consumer protection laws that could result in you receiving monetary awards of up to $10,000. This law firm will conduct a FREE CFPB Audit and Federal Lawsuit to recover every penny that you are owed.
CHANCES ARE GOOD YOUR MORTGAGE IS LEGALLY PROBLEMATIC FOR BANKS ATTEMPTING FORECLOSURE
According to a government audit 83% of the mortgages contain legal violations. Legal errors, contract breaches, appraisal fraud, mortgage fraud, broken chain of titles, and other issues have caused the majority of mortgage transactions to be legally problematic for Banks attempting to foreclose.
Yes. upwards of 95% of all home loan borrowers have suffered injuries in the form of appraisal fraud, mortgage fraud, legal errors, contract breaches, and/or regulatory law breaches. To discover these, the borrower must hire a competent professional to conduct a comprehensive examination of all documents related to the loan transaction. With an examination report in hand to prove the injuries, the borrower may negotiate a favorable settlement or sue for damages. Only such an examination, and artfully presenting the causes of action revealed in the exam report, can provide a reliable way for the borrower to end up with cash in hand or other financial compensation for the injuries.
FRAUD STOPPERS PRIVATE MEMBERS ASSOCIATION
THERE IS HOPE FOR HOMEOWNERS
However, thanks to groundbreaking cases like the Glaski v. Bank of America case and Jesinoski v. Countrywide Home Loans, there is hope for homeowners who want to sue their lenders or loan servicers for mortgage and foreclosure fraud.
The Glaski decision (California State Court) presents the idea that if some entity wants to collect a debt or foreclosure on your property, they must first legally own the debt. Furthermore, if that entity is claiming ownership by way of an Assignment, it must prove that Assignment is legally valid.
The Jesinoski Decision deals with a homeowner’s right to rescind (or cancel) the loan agreement, and stated that the loan is rescinded the moment the rescission letter is mailed! Furthermore if the lender wants to challenge the rescission it only has 20 days to do it!
The Banks Business Model is Foreclosing on Homeowners. Securitization is the reason banks want homeowners to foreclose. When a bank assigns the risk of a loan to the investors (certificate holders) of a Real Estate Investment Conduit Trust (SPV), the “bank” is no longer a traditional bank that gets the benefit of mortgage payments.
Mortgage banks and loan servicers give as few loan modifications as possible, and comply minimally with statutes put in place to protect borrowers, all while employing tricks to “cash in” on homeowners’ defaults, pushing them to foreclosure. The only thing we have found that is successful at gaining real remedy is filing a lawsuit against the banks for mortgage fraud and or foreclosure fraud.
Banks benefit from foreclosures more than loan modifications because of something called “creaming the debt.” If the Banks modify the loan, their penalties and fees might not get paid to them. When they foreclose, they get their penalties first, before the investors– which is the “creaming.”
The mortgage banks make more money from foreclosure than actually servicing the homeowner’s payment.
When foreclosure becomes a possibility, like when a borrower misses a payment or asks for a modification, the banks seize the opportunity for increased profit by foreclosure. Foreclosure is clearly the fattest pot of gold possible and it’s for this reason foreclosure is the bank’s primary goal. The banks take the risk of litigation because few people sue, but getting legal information as soon as possible can make the difference between homeowners asserting their rights, or losing their homes while being bulldozed by the bank.
Dishonest scales are an abomination to the Lord, but a just weight is His delight.
Take Advantage of Mortgage & Foreclosure Fraud,
and Make The Banks Pay You to Go Away!
“I cannot decide for you the moral obligations you should pursue; but if a wrong has been committed against you (such as a clouded title or a fraud resulting from a mortgage loan) you have the duty as an American property owner to correct it. Filing a lawsuit (in my book) reflects one’s personal responsibility.”.
Our understanding is that generally the requirements set forth in the pooling and servicing agreements were not followed, and they were not followed in the following way: The pooling and servicing agreements says that when the notes are transferred to the trust there needs to be an endorsement in blank to the trust, as well as a complete chain of endorsements for all proceeding transfers. That means that the originator of the loan has to have a specific endorsement transferring it from the securitization sponsor, the sponsor to the depositor, and then the depositor in blank to the trust.
What we have found is that in the majority of the cases that chain of endorsements is not there. There is simply a single endorsement in blank.
That creates a problem because it does not comply with the trust documents. That is a severe problem because most pooling and servicing agreements are trust that are governed by New York law, and New York law says that if you are not punctilious in following the trust documents for a transfer, the transfer is void. It doesn’t matter if you intended it, its void. That transfer is void even if that transfer would have otherwise complied with law. And if the transfer is void that would mean that the trust does not own the mortgages, and therefore lacks standing to foreclose.
It’s axiomatic that in order to bring a foreclose action the plaintiff must have legal standing. Only the mortgagee has such standing. Thus various problems like false or faulty affidavits, as well as back dated mortgage assignments, and altered or wholly counterfeited notes, mortgages, and assignments all relate to the evidentiary need to prove standing.
If your mortgage loan contract was part of a table funded securitized transaction then there is a really good chance that your mortgage loan documents probably contain legal errors, violations, tortuous conduct, contract breaches, and fraud, that could result in you being entitled to receive financial compensation, a reduction in your principal balance, clear and free title to your property, or even better!
If you are currently facing foreclosure, or you have already lost your house to foreclose, we recommend that you take immediate action and register for a free securitization and fraud analysis to discover if you have grounds to achieve legal remedy.
Kimberly L. Thomas (Baltimore MD) did and she was awarded $250,000 in damages and another one million dollars in punitive damages in Montgomery County Circuit Court. Here six-member federal jury convicted Wells Fargo of fraud, negligence and other charges for inflating Thomas’ income and assets on her mortgage application, and locking her into a bigger loan than she had applied for — one she couldn’t afford.
What is MERS?
MERS is the Mortgage Electronic Registration Systems it was created by banks in order to “streamline” the warehousing of loans and mortgage documents. Basically MERS is a front organization that was created to defraud homeowners and government agencies. It pretends to hold your note, but in fact MERS actually holds nothing!
Banks set up MERS in the late 1990s to help speed the process of packaging loans into mortgage-backed bonds by easing the process of transferring mortgages from one party to another. But ever since the housing crash, MERS has been besieged by litigation from state attorneys general, local government officials and homeowners who have challenged the company’s authority to pursue foreclosure actions. Recently there have been many court decisions delivering death blows to MERS and you may be able to take advantage of this FACT.
For example the Washington State Supreme Court dealt a death blow to MERS: “The highest court in the state of Washington recently ruled that a company that has foreclosed on millions of mortgages nationwide can be sued for fraud, a decision that could cause a new round of trouble for the nation’s banks.
The ruling is one of the first to allow consumers to seek damages from Mortgage Electronic Registration Systems, a company set up by the nation’s major banks, if they can prove they were harmed. Legal experts said this decision from the Washington Supreme Court could become a precedent for courts in other states. The case also endorsed the view of other state courts that MERS does not have the legal authority to foreclose on a home.
“This is a body blow,” said consumer law attorney Ira Rheingold. “Ultimately the MERS business model cannot work and should not work and needs to be changed.” A spokeswoman for MERS said the company is its role in the financial system will withstand legal challenges. The Washington Supreme Court held that MERS’ business practices had the “capacity to deceive” a substantial portion of the public because MERS claimed it was the beneficiary of the mortgage when it was not!
This finding means that in actions where a bank used MERS to foreclose, the consumer can sue it for fraud. If the foreclosure can be challenged, MERS’ involvement would make repossession more complicated. On top of that, virtually any foreclosed homeowner in the state in the past 15 years who feels they have been harmed in some way could file a consumer fraud suit.
Learn more about MERS and search the MERS database to see if your mortgage loan is a MERS loan here: www.fraudstoppers.org/what-is-mers
Currently there is an estimated 70,000,000 mortgages that MERS claims to hold. This represents about 60% of the residential real estate in the United States of America. So chances are your mortgage and loan has been compromised.
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For information on foreclosure defense call us at 844-372-8378. We offer litigation support, admissible evidence, expert witness testimony, education, training, and support in all 50 states to attorneys and pro se homeowners.
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Legal Information Is Not Legal Advice: This site provides “information” about the law and is only designed to help users safely cope with their own legal needs. But legal information is not the same as legal advice — the application of law to an individual’s specific circumstances. THIS SITE IS NOT INTENDED TO BE MISCONSTRUED AS LEGAL ADVICE. Fraud Stoppers is NOT a law firm, non-profit organization, or government agency. Register for your Free Mortgage Fraud Analysis and Securitization Search, and get Free Foreclosure Defense Help and Free Foreclosure Defense Documents that you can use to stop a foreclosure and save your house.