EXCERPT:
Plaintiffs allege defendants have not complied with the legal requirements a valid non-judicial foreclosure. Among other allegations, plaintiffs allege defendants failed to record all assignments of the trust deed in the county land records prior to initiating the foreclosure proceedings. (Compl. ~ 22.) In Oregon, a party initiating nonjudicial foreclosure proceedings must record all assignments of the trust deed. ORS 86.735(1); Hooker v. Northwest Trustee 2011 WL 2119103, *3 (D. Or. May 25) (citing Burgett v. MERS, 2010 WL 4282105, at *2 (D. Or. Oct. 20) and re McCoy, 2011 WL 477820, at *3-4 (Bankr. D. Or. Feb. 7)). Plaintiffs allege MERS is listed as the beneficiary on the deed of trust at issue. (Compl. ~ 4.)
Because of the alleged imminent foreclosure sale, and because the presence of MERS demonstrates a high probability that defendants did not comply with t recording requirements of the Oregon Trust Deed Act, I grant plaintiff’ request for a temporary restraining order.
A full copy of the legal doc -- which can be very useful to those of us willing to represent ourselves and stand up to outsourced, Regan appointed judges and allegiant attorneys.
Be your own attorney. Folks -- listen up -- this madness will get FAR WORSE in the coming months. Trust.Wake up and stop thinking about your own little "island" that you don't own and that you never had claim too. Organize your communities, friends, exes, teachers.
Wow. California continues to astound me with its silence and cowardice and duplicity. Stunning.
As for the rest of us "crazies," "heretics," "militants," "hippies," "tax dodgers" -- yeah right -- GET IT TOGETHER.
Tonight.
In vigilance and honor of our ancestors who had enough sense to stop giving their money to anyone.
And the absolute brilliance to tell no one they had any money in the first place.
No one will escape the tyranny.
Not even those Enron and Bears Stearns cowards with their private jets.
All the islands and women they want to pillage will be outsourced too.
Monday, October 10, 2011
Read this now -- File a RESTRAINING ORDER against MERS/BAC/BankofNoAmerica/CW -- but read and do your due diligene -- CA is conveniently taking the punk out route because -- well -- yeah, CA is a CORPORATION -- among the top 10 economies in the WORLD
Monday, October 3, 2011
States Attorneys General are Pressured to Absolve Bank-Robbing Banks
Kamala Harris pressured to reject settlement on bank foreclosures - latimes.com
Um, yeah. So, here we go: TARP, MHA, HAMP, Keep Your Home CA -- which basically sends you right back to your lender/bankster, and now this.
This is the suicide we are all performing: each "settlement" makes the banks MORE money. Each "modification" makes the banks MORE money.
And the settlements go to.....? Yeah. The "receiverships" and nonprofits who are subsidiaries of the very parasites killing us now.
1 out of every 8 Americans is on food stamps. Including Ivy League graduates.
1 out of every 100 adult Americans is in Prison. Where Victoria's Secret bras are made.
1 out of every 4 home mortgages is underwater. In California, the pun is really too real to be funny or witty.
Depressions are engineered. As are apathy and ignorance.
Um, yeah. So, here we go: TARP, MHA, HAMP, Keep Your Home CA -- which basically sends you right back to your lender/bankster, and now this.
This is the suicide we are all performing: each "settlement" makes the banks MORE money. Each "modification" makes the banks MORE money.
And the settlements go to.....? Yeah. The "receiverships" and nonprofits who are subsidiaries of the very parasites killing us now.
1 out of every 8 Americans is on food stamps. Including Ivy League graduates.
1 out of every 100 adult Americans is in Prison. Where Victoria's Secret bras are made.
1 out of every 4 home mortgages is underwater. In California, the pun is really too real to be funny or witty.
Depressions are engineered. As are apathy and ignorance.
Sunday, July 10, 2011
Wednesday, July 6, 2011
Saturday, June 4, 2011
Wednesday, June 1, 2011
Thursday, May 26, 2011
Wednesday, May 25, 2011
Tuesday, May 3, 2011
Saturday, April 2, 2011
Monday, March 28, 2011
Monday, March 21, 2011
Saturday, March 5, 2011
Thursday, March 3, 2011
FRIDAY: **ANTI FORECLOSURE RALLY ALAMEDA COUNTY COURTHOUSE STEPS ON MARCH 4 2011
ANTI FORECLOSURE RALLY ALAMEDA COUNTY COURTHOUSE STEPS ON MARCH 4 2011
12 NOON
Calling all Alameda County citizens. This is a national issue and the issue affects ALL citizens, not just homeowners and landlords. Come out and stand up with us.
1225 Fallon Street, Oakland, CA 94612
14th and Fallon
12 NOON
Calling all Alameda County citizens. This is a national issue and the issue affects ALL citizens, not just homeowners and landlords. Come out and stand up with us.
1225 Fallon Street, Oakland, CA 94612
14th and Fallon
Wednesday, March 2, 2011
Why a Full Blown Foreclosure Moratorium Should Be In Order
Why a Full Blown Foreclosure Moratorium Should Be In Order
Here's the line-up of bankrobbing bankers. Usual suspects accounted for. JPMorgan Chase, B of A, US Bank, PNC, etc. and et. al.
Here's the line-up of bankrobbing bankers. Usual suspects accounted for. JPMorgan Chase, B of A, US Bank, PNC, etc. and et. al.
Tuesday, March 1, 2011
MORTGAGE ASSIGNMENTS AS EVIDENCE OF FRAUD, by Lynn Szymoniak, ESQ.
This is a must read for understanding the securitization process. If you've no idea what this is, and you are a homeowner or plan to be one, you must read this. Easy to read.
Friday, February 25, 2011
Maxine Waters Congresswoman Troubled by Reported Foreclosure Fraud Deal
Maxine Waters Congresswoman Troubled by Reported Foreclosure Fraud Deal
Well, finally, our homegirl, the Honorable Maxine Waters, speaks plainly and strongly. Please Obama, for once, have her back. And ours. Keep vigilant California.
Thursday, February 24, 2011
CALIFORNIA: Brookstone Law, PC, Files Landmark Mass Joinder Lawsuit Against Bank of America and Countrywide
Brookstone Law, PC, Files Landmark Mass Joinder Lawsuit Against Bank of America and Countrywide
If you are currently unrepresented, consider joining this suit. Strength in numbers. You will still be able to pursue independent claims outside of this case typically.
If you are currently unrepresented, consider joining this suit. Strength in numbers. You will still be able to pursue independent claims outside of this case typically.
Wednesday, February 23, 2011
MERS Can Foreclose in California, State Appeals Court Rules - Bloomberg
MERS Can Foreclose in California, State Appeals Court Rules - Bloomberg
Very disappointing news. This court should know better given the precedents we have seen in Massachusetts and Florida. Shame on my government; shame on my state. Remain vigilant -- and fight on the grounds of fraud and breach of contract.
Sample Complaint for Quiet Title - filed in Central Coast District Court
Recent (but underreported) news in business and finance revealed that MERS, the fraudulent mortgage reporting system used in over 50% of mortgages that are considered troubled, is quickly becoming deemed by various national courts as a fraud in that MERS, helmed by its banks, illegally circumvented and perhaps forged proper title practices in the transfer of titles for millions of mortgages. This is part of the "robosigning" fraud recently discussed in national news, yet underanalyzed for the edification of homeowners.
Go to http://livinglies.wordpress.com for more astute analysis of this issue from Neil Garfield, one of the first purveyors of mortgage literacy for laypeople.
One, early important step to hold your bank accountable is pursue Quiet Title Action in order to demonstrate whether your title is "free and clear" or not. Given what we now know about MERS and like entities, your title is probably NOT clear.
For Alameda County, you can quickly and FREELY check who is associated with your deed or deed of trust here at the AC Gov's Public Records Search. Just type in your last name and first name and hit return. Look for those dates associated with when you first bought your home. Once you find the document, check to see if you are the only entity listed. If you are a Countrywide now Bank of America mortgage holder, you are almost certainly a victim of the MERS fraud. Even if you do not see MERS or Mortgage Electronic Registration Systems named there, but you are a former Countrywide (now bankrupt) now BofA or Citibank or JPMorgan or WellsFargo noteholder, you are likely still a victim.
Get your records here:
http://rechart1.acgov.org/search.asp?cabinet=opr
For other counties and states, simply google search your county's public records website. These records should be FREE. Do not pay for an attorney to do this for you.
Quiet Title Action Complaint - sample (more to come)
This is a scribd.com file. Scribd is not my favorite public use document loader. Google docs is much friendlier. But this is offered here as a sample.
http://www.scribd.com/doc/30047668/California-Quiet-Title-Complaint-by-Charles-Lincoln-20100128
Go to http://livinglies.wordpress.com for more astute analysis of this issue from Neil Garfield, one of the first purveyors of mortgage literacy for laypeople.
One, early important step to hold your bank accountable is pursue Quiet Title Action in order to demonstrate whether your title is "free and clear" or not. Given what we now know about MERS and like entities, your title is probably NOT clear.
For Alameda County, you can quickly and FREELY check who is associated with your deed or deed of trust here at the AC Gov's Public Records Search. Just type in your last name and first name and hit return. Look for those dates associated with when you first bought your home. Once you find the document, check to see if you are the only entity listed. If you are a Countrywide now Bank of America mortgage holder, you are almost certainly a victim of the MERS fraud. Even if you do not see MERS or Mortgage Electronic Registration Systems named there, but you are a former Countrywide (now bankrupt) now BofA or Citibank or JPMorgan or WellsFargo noteholder, you are likely still a victim.
Get your records here:
http://rechart1.acgov.org/search.asp?cabinet=opr
For other counties and states, simply google search your county's public records website. These records should be FREE. Do not pay for an attorney to do this for you.
Quiet Title Action Complaint - sample (more to come)
This is a scribd.com file. Scribd is not my favorite public use document loader. Google docs is much friendlier. But this is offered here as a sample.
http://www.scribd.com/doc/30047668/California-Quiet-Title-Complaint-by-Charles-Lincoln-20100128
Tuesday, February 22, 2011
Full Text of Complaint Againtst Countrywide for CA Homeowners
http://stopforeclosurefraud.com/wp-content/uploads/2010/10/CALIFORNIA-CLASS-ACTION-AGAINST-COUNTYRWIDE.pdf
You can copy the case number into the LA County Superior Court case finder to trace the history of motions and documents submitted. Copies of the documents can likely be found using free or cheaper services. I will post links to these services shortly.
Tenants Together : Foreclosure Related Laws
Very useful listings for laws related to renters living in foreclosed or soon to be foreclosed homes. Very useful for real estate investors and renters.
Monday, February 21, 2011
Thursday, February 17, 2011
Read this to find out about why banks make more money foreclosing than keeping you in your home
http://www.bloomberg.com/news/2011-01-27/regulators-in-u-s-zero-in-on-mortgage-servicers-to-fix-foreclosure-crisis.html
Key area to read from the article
Key area to read from the article
Foreclosure Incentives
Servicers have an incentive to push for foreclosure, which can generate additional fees, and they also can charge borrowers when they are late making payments, giving them a reason to delay loan modifications. Accounting rules allow banks that foreclose to hold off writing down any loss until the home is sold. They must take the loss immediately when allowing a sale by the owner for less than value of the mortgage.
While the flat-rate fee system worked when the market was rising, it failed during the meltdown, Federal Housing Administration Commissioner David Stevens said in an interview. One alternative would be to impose fees that vary with the cost of servicing a loan, he said.
“Servicers’ lack of reserving appropriately and not creating infrastructure to manage nonperforming markets like the kind we’re in is inexcusable,” Stevens said. “You cannot overstate the concern” among regulators that the industry doesn’t have enough capital, he said.
The FHA can impose triple damages on servicers that violate its rules on handling foreclosures.
MERS Accused of Violating the Racketeer and Corrupt Organizations Act
This section is from the 2-9-2011 report by E. Amon for Bloomberg News here:
Lawsuits/Pretrial
Citigroup, Ally Class-Action Foreclosure Suit Dropped
Kentucky homeowners dropped a possible class-action suit in which Citigroup Inc. and Ally Financial Inc. units were accused of conspiring with Mortgage Electronic Registration Systems Inc. to falsely foreclose on loans.
Heather Boone McKeever, the Lexington, Kentucky, lawyer who sued on behalf of the homeowners, said yesterday by e-mail that she dropped the case Feb. 3 because as a solo practitioner she wouldn’t be able to clear the “necessary hurdles” for maintaining a federal class action and she couldn’t interest a larger law firm. She said she continues to advise the plaintiffs in their individual state-court cases.
“My plan is to try to keep the cases in state court by filing class-action counterclaims against the individual creditors and MERS in each family’s action,” she said.
The lawsuit, filed as a civil-racketeering case on behalf of all Kentucky homeowners facing foreclosure, also named as a defendant Reston, Virginia-based MERS, the company that handles mortgage transfers among member banks.
MERS and banks have been accused in at least two other federal suits of violating the Racketeer Influenced and Corrupt Organizations Act, a law originally passed to pursue organized crime. A Florida case was thrown out Jan. 31 by a judge in Miami. Another is in Brooklyn, New York.
The Kentucky homeowners filed their complaint Sept. 28 in Louisville. They claimed that through MERS the banks are foreclosing on homes even when they don’t hold titles to the properties. The suit was dismissed without prejudice, meaning that the homeowners can refile it.
The case is Foster v. Mortgage Electronic Registration Systems Inc., 10-cv-611, U.S. District Court, Western District of Kentucky (Louisville).
Radio Segment on Fraudulent MERS from Bloomberg
Again, the goal here is for us/you to demonstrate that our loans were transferred under illegal, unethical terms. For me it is Countrywide to BofA using MERS. Follow the money, even when it doesn't show up.
http://www.bloomberg.com/news/2011-02-16/registration-exemptions-mers-problems-bankruptcy-audio.html
l
http://www.bloomberg.com/news/2011-02-16/registration-exemptions-mers-problems-bankruptcy-audio.html
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Alameda County Civil Court Rules (in PDF)
Very useful primer for procedures in superior court in Alameda County.
From California Courts Rules website here: http://www.courtinfo.ca.gov/rules/
From California Courts Rules website here: http://www.courtinfo.ca.gov/rules/
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