About Me 0111: bank foreclosure

Could this happen to you?

You bought a home from a bank that went into foreclosure, you have moved in and are settled, raising your family, taking care of the lawn. It is your home, when one day you receive a call informing you that you are not the owner of the home and that the lender has made a grave error — the foreclosed property you bought from the bank was actually foreclosed on in error due to a poor history of ownership and title. You are told you may have to move.

How would you react to this news? In Massachusetts this has happened to not only one family but two. So who is the rightful owner of the home? And why should you be punished and have to leave because of a huge mistake the lender made years ago?

Granted the bank may have made a mistake and, obviously at the time, the original homeowners could not afford the home, and may have been foreclosed on anyway. The Supreme Judicial Court stated a bank cannot foreclose on a property that it does not own. So how do you tell someone who has owned the property, paid taxes, and has lived in the home for over 5 years, that they do not own the home that is, after all, their home?

The latest case Bevilacqua v. Rodriguez could have a major impact on how we bundle mortgages and sell them off to investors. Not knowing who has actual ownership will cause a rippling effect across the whole housing industry and bring into question the real owner of a foreclosed property. Not only will this cause other states to follow suit, but could cause false claims to property that really should have been foreclosed on. Massachusetts foreclosures rose to 32 percent from 9,269 to now over 12,000, according to Boston-based Warren Group, which helps track local real estate in the area.

Continued on the next page

If you aren’t aware, Wells Fargo creates their own rules for securitization. They do not correspond with REMIC or NY trust law, and they can not be shown in the light of day. They don’t even bother to go through half the motions that the other companies claim they comply with, and now we know they don’t comply either.

If you look closely at your documents from Wells Fargo generated from 2000 to 2008, you may find fundamental problems with several things. They do direct to securitization believing that if they say it is ok, it is. By doing so, there is some reason to believe that the parties they sell the paper to are aware and complicit, as they appear to be involved with the creation of a deed of trust that is known to all to be void.

Look closely at your Deed of Trust. Wells Fargo has a habit that is going to bite them very soon. They made up fictitious trustees that were recorded. In many states this will make same deed of trust void.

LOAN MODIFICATIONS: a criminal act if the party has no ownership. Please realize loan mods are acts of crime. If you still feel you must make a deal before the housing market has collapsed and your value will again be 20% less than what it was when you modified, AT LEAST, take an attorney with you. When you realize they won’t deal with you if you have an attorney, does that tell you anything at long last?

disclosure, I work in dirt law and am not an attorney. The shit being fed to us is GMO shit. It is vaporshit, fantasylandshit.

Please do not believe anything the people and banks say? Why would they tell anyone the truth when they are insolvent, being propped up daily by government infusions of money, and more and more people are challenging them by filing quiet title to make them prove their claims. They can not prove their claims. Your best defense is a QT offense, use it. It is a hundreds of years old property standard to prevent what they are trying to do to you. It is a form that you can get at your county. Bring them to court to explain the dots they can’t connect. They have to prove their claims. You don’t.

Don’t be surprised if the banks believe you have the plague after you file to quiet title. They don’t want the plague that you can give them, and spread, disseminate, vaporize and go viral to every middlesex village and town. You can crush them and stop this, one by one.

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About Me 0111

Thursday, February 17, 2011

bank foreclosure

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