Local Activist Speaks Out Against US Loan Auditors

[Referee]

This may be very applicable to this thread:

DA expands Real Estate Fraud Unit

http://www.fightbackinsac.com/forums/showthread.php?t=8002

[oaktown1]

I had 20 percent down on the home so I didn't have to pay the mortgage insurance. The trick was the lender takes out it's own policy causing you to pay a higher interest rate. They are required to send you written notice prior to loan closing informing you that you are taking out a high risk loan and that they are taking out a policy. Of course your never informed. So since the lender already knows your income was fraud, your in a loan designed to fail, and you were never going to get that modification unless the lender wanted free bailout money and is allowed to collect approx. $1,500 per modification. Bu upon agreeing to that mod. you'll sign a letter releasing the rights to sue. But your going to eventually default again and they're still going to collect. They win.

Refer to Tittle 12 Chapter 49 HOMEOWNERS PROTECTION

4905: Disclosure requirements for lender paid mortgage insurance

the term “lender paid mortgage insurance” means private mortgage insurance that is required in connection with a residential mortgage transaction, payments for which are made by a person other than the borrower.

Oak town 1,

Maybe this website can help. http://timothymccandless.wordpress.c...e-law-collide/

Steve, the website was a good source of info. for me, now with the bk 13, I will be able to prove without a doubt, the fact that mers and gmac did not have legal right to the property. Also the servicer at the time can't foreclose in the same month, they claim to own the property.

Thanks again,

oaktown1

[oaktown1]

Oh yes I can prove what a screw up job the personal injury attorney did for a mortgage fraud case. Today I spoke to a UD attorney and he said I should go after my previous attorney. He would not have enough time to file a motion. I spoke to my bk attorney since I was force to file do to prevent the previous evection notice in May. Tomorrow on 8/5 my husband is going to file ch 13 this will force gmac to do something of course this will prevent the sheriff from paying us a visit.

By doing this I will be able to get my case ready for legal malpractice case against my former attorney. I plan on going to the ud court and getting as much info against him and trying to reach his 4 other victims and counting for the so called civil cases he filed. lol

[AyatollahGondola]

Wow....
the deck is stacked
The house is crooked
No lawman to complain to...

[Steve]

Lender Paid Mortgage Insurance

I had 20 percent down on the home so I didn't have to pay the mortgage insurance. The trick was the lender takes out it's own policy causing you to pay a higher interest rate. They are required to send you written notice prior to loan closing informing you that you are taking out a high risk loan and that they are taking out a policy. Of course your never informed. So since the lender already knows your income was fraud, your in a loan designed to fail, and you were never going to get that modification unless the lender wanted free bailout money and is allowed to collect approx. $1,500 per modification. Bu upon agreeing to that mod. you'll sign a letter releasing the rights to sue. But your going to eventually default again and they're still going to collect. They win.

Refer to Tittle 12 Chapter 49 HOMEOWNERS PROTECTION

4905: Disclosure requirements for lender paid mortgage insurance

the term “lender paid mortgage insurance” means private mortgage insurance that is required in connection with a residential mortgage transaction, payments for which are made by a person other than the borrower.

Oak town 1,

Maybe this website can help. http://timothymccandless.wordpress.c...e-law-collide/

[AyatollahGondola]

I need to have it completed by someone at filed by friday

So do you have any points of law that you can use to oppose it that you know of?
I'm not sure what has transpired previous, but you mentioned a UD, and those have a short fuse and can be difficult to overcome. Judges are generally inclined to allow whomever owns the property to get it back, and by owns I mean legal title. I seriously doubt they would worry about who is in possession of the paper, which big lender is responsible, etc.

[oaktown1]

I need to have it completed by someone at filed by friday

[AyatollahGondola]

I need help with the following I once again received a notice to vacate today 8/3/10.

Relief of Stay Writ of Attachment

Ex Parte Application

The 2 issues are Stein did not put up a defense FOR THE UD. He did not request to have a Judge instead of a commissioner and Calif law 2932.5 was not assiged to gmac just indymac since July 2006 . So like I said how can they take something that didn't belong to them? Is that not STEALING??


HELP HELP HELP HELP I NEED HELP HELP HELP

When were you served the ex parte, and when is the court date?

[oaktown1]

Still fighting

I need help with the following I once again received a notice to vacate today 8/3/10.

Relief of Stay Writ of Attachment

Ex Parte Application

The 2 issues are Stein did not put up a defense FOR THE UD. He did not request to have a Judge instead of a commissioner and Calif law 2932.5 was not assiged to gmac just indymac since July 2006 . So like I said how can they take something that didn't belong to them? Is that not STEALING??


HELP HELP HELP HELP I NEED HELP HELP HELP

[anothervictimofusla]

My sales person was Roland Sison. I have no idea who did the audit/ fraud investigator.

[AyatollahGondola]

Ah! This is why it's good for us to pool up on forums ang roups like this. I never thought of that before, but here it is:

http://triad.bizjournals.com/triad/stories/2007/12/03/story1.html

United Guaranty, like the two Winston-Salem-based mortgage insurers -- Triad Guaranty and Republic Mortgage Insurance Co. -- insure the mortgages of borrowers who are unable to put at least 20 percent of the cost of their home down. Lenders believe that borrowers with little or none of their own money in a house are more likely to default on a loan.

The borrower pays the mortgage insurance company a premium, and if that borrower defaults, the mortgage insurance company steps in to make good on the loan for the lender

[Steve]

Mortgage Insurance

The District Attorney I went to prior to foreclosure was in Lompoc, Santa Barbara County. She was the one verifying no signature on the loan application. She was the one I thought would show up to court and assist. She did not. She was the one who said she'd look into it but when I called she said my loan originating loan copies could be stored anywhere in California. Dept. of Corps said your loan papers are with California Insurance Commission. Dept. of insurance said, "Yes, "Stewart Title" is under us but we need a claim in order to investigate." I stopped there because I'm still playing letter tag between my lender and Dept. of Corps as middle control. The money in foreclosures I believe is in the insurance. A woman from "Triad" called me prior to foreclosure stating the lender took out a mortgage default insurance policy on me and wanted to verify if my foreclosure was true. Not only does the lender know the incomes were fraud. They consider the homeowners dead beats getting rid of them taking back the house and having the FDIC make some of the losses, and then on top of that they collect the insurance.

[AyatollahGondola]

I had the same lender and discovered through the Department of Corporations that AMHSI and "American Brokers Conduit" are the same. AHMSI will make claim that they are the loan service r when it is discovered they are also the loan originator as American Brokers Conduit which is no longer in business. I was unaware of limitations on TILA and RESPA, since I was told there is no limitation on fraud ( my focus). I couldn't get a loan mod. and I requested originating documents looking for a copy of the Form 1003-"Universal Residential Loan Application" which had been removed from my closing documents. Going back to the brokers office to retain a copy, it does not have my signature on the form and the income was increased by a lot. I was told the title company, both corporate and local offices, should have copies of originals but they don't. Department of Real estate says originating lender would have the copy but they are no longer or as I pointed AMHSI is the originator. I got as far as challenging Duetsche bank in the unlawful detainer asking for an investigation but still lost my home. Their lawyer didn't even have the deed of title from the auction but the judge could careless and didn't look at what I had to present. I'm still working with the Department of Corps, but the Dept. of Real Estate is trying to get rid of me with lame excuses, my local D.A. has said she wont forget me. It's been six months now not a word, and the FBI hasn't returned my call. Any suggestions?

When you say DA, which County are you in?
Isn't it just wonderful to have all those state agencies with a zillion people on the payroll, appointed political hacks at the top of them, and then do nothing but give you the damn runaround just like you get from the problem you're reporting in the first place?
And yes, it looks like most of these big mortgage/loan/holding companies that were bailed out basically oversaw and encouraged the initial fraud that broke the damn system in the first place. Those same companies are also holding back renegotiating the loans for people who might actually pay more than if they sold the property at fire sale prices on the courthouse steps. They actually want people out of the homes. Why? I'm not sure yet, but I'd bet my wallet that there's another sinister plot that escapes a general look into the situation. It could be a tax benefit for them that either is now, or will be in the near future, or maybe related to the bailout funds they got that required the losses to be real and not predicted. One thing for certain is the courts are part and parcel to it, as are the agencies you are trying to get help from. This is how corrupt things are for us right now
I've also been tracking the code enforcement cases locally, as there are a zillion empty homes with overgrowth and vandalism. The neighbors call and the CE people board it up, have someone cut the weeds and then they lein the property as well as the last recorded owner. The bank or whatever lender is supposed to be in possession is not putting the property in their name, even as much as two years after the debtor has been booted out or left on their own after forclosure. That way they have less liability, less to maintain, less fees, water bills etc, and probably some big write down off their tax bill. the new buyer inherits all the leins.

So you ask what to do? Most folks aren't up to the torches and pitchforks method, and that's pretty much the only way to get a handle on corruption when it hits this magnitude. That's on the grander government scale anyway. As far as these pissants at USLA, I'd keep organizing and making them as miserable as you were. The more people out in front of their office, the more they will be feeling your pain.

[Steve]

American Home Mortgage Servicing Inc. is dba American Brokers Conduit

I had the same lender and discovered through the Department of Corporations that AMHSI and "American Brokers Conduit" are the same. AHMSI will make claim that they are the loan service r when it is discovered they are also the loan originator as American Brokers Conduit which is no longer in business. I was unaware of limitations on TILA and RESPA, since I was told there is no limitation on fraud ( my focus). I couldn't get a loan mod. and I requested originating documents looking for a copy of the Form 1003-"Universal Residential Loan Application" which had been removed from my closing documents. Going back to the brokers office to retain a copy, it does not have my signature on the form and the income was increased by a lot. I was told the title company, both corporate and local offices, should have copies of originals but they don't. Department of Real estate says originating lender would have the copy but they are no longer or as I pointed AMHSI is the originator. I got as far as challenging Duetsche bank in the unlawful detainer asking for an investigation but still lost my home. Their lawyer didn't even have the deed of title from the auction but the judge could careless and didn't look at what I had to present. I'm still working with the Department of Corps, but the Dept. of Real Estate is trying to get rid of me with lame excuses, my local D.A. has said she wont forget me. It's been six months now not a word, and the FBI hasn't returned my call. Any suggestions?

[AyatollahGondola]

All these are from one day here in Sac

2008-00025850-CU-BC
Walter Broussard vs. American Home Mortgage Servicing Inc.
Nature of Proceeding:
Filed By:
Hearing on Demurrer
Bauer, Bruce T.
Defendant American Home Mortgage Servicing, Inc. ("AHMSI") and Deutsche
Bank National Trust Company's Demurrer to the 2nd amended complaint is ruled on
as follows:
Defendant's Request for Judicial Notice is granted.
Plaintiff alleges wrongful foreclosure of his home at 3216 Groveland Way in Elk
Grove. Plaintiff alleges that defendants foreclosed on a void security interest and that
they did not have possession of the note, that they increased the amount of the debt to
include amounts not permitted by law or contract, and used unfair means to collect the
debt. Plaintiff alleges that he and AHMSI agreed on a loan modification on September
7, 2008 after plaintiff's default. The modification agreement was that he would pay
$16,000 at that time, and that the monthly payments would increase to $4,992.69, and
the foreclosure sale would be postponed. He alleges that in consideration of AHMSI's
forbearance agreement, he agreed to waive any right to notice of a future foreclosure
sale. Plaintiff alleges that although he made the $16,000 payment, defendants
breached the loan modification agreement and foreclosed on the property without
giving him notice.
Defendant's Request for Judicial Notice is granted.
1st cause of action Rosenthal Act: Sustained with leave to amend for failure
to state facts sufficient to constitute a cause of action. Both parties rely on
unpublished federal court decisions that come to different conclusions on the issue of
whether a lender/servicer is acting as a debt collector in attempting to collect amounts
due under the deed of trust. Plaintiff contends defendants violated sections Civil
Code 1788.11, 1788.13, and 1788.14. However, there are no facts in the pleading to
support violations of these sections.
2nd cause of action Breach of Contract: Overruled. Plaintiff states a cause
of action for breach of the loan modification agreement. Plaintiff alleges consideration
was paid in the amount of $16,000 but that defendants proceeded with the foreclosure
despite a forbearance agreement.
3rd cause of action Breach of Covenant of Good Faith and Fair Dealing:
Overruled. The lack of a tort remedy for this claim does not defeat a claim based on
the contract.
4th cause of action Business & Professions Code 17200: Overruled.
Plaintiff alleges a practice of inducing payments under a loan modification with the
intent to foreclose on the property without notice to the borrower, and without refunding
the consideration that was paid to obtain the loan modification. This is sufficient to
state a cause of action for unfair or deceptive acts.
5th cause of action Breach of Statutory Duties CC 2923.5: Sustained
without leave to amend for failure to state facts sufficient to constitute a cause of
action. The notice provisions of Civil Code section 2923.5upon which plaintiff relies
became operative on September 6, 2008. The alleged non-complying declaration
would have attached to the Notice of Foreclosure, was recorded on August 14, 2008,
before the operative date. Plaintiff does not address this argument in the opposition.
The Court agrees that if this statute applied here, it would provide a private right
of action for for enjoining the foreclosure sale; however it does not provide for
damages. The remedy under 2923.5 is to enjoin the foreclosure sale until the statute
is complied with. There is no damages remedy. Mabry v Superior Court (4th Dist) 6-02-
10, No. G042911
6th cause of action Breach of Consumer Legal Remedies Act: Sustained
without leave to amend for failure to state facts sufficient to constitute a cause of
action. On the face of the complaint, the actions of defendants do not constitute the
sale of consumer "goods or services." The modification agreement is a loan. A loan
on real property secured by a deed of trust is not a sale or lease of goods or services.
See McKell v Washington Mutual (2006) 142 Cal.App.4th 1457 (Bank's actions were
undertaken in a transaction related to the sale of real property, not the sale or lease of
goods or services.)
7th cause of action for "One Action Rule" CCP 726: Sustained without leave
to amend for failure to state a cause of action. The application of the $16,000 payment
on the loan is not a "set-off" that would violate the one action rule. The reliance on
Security Pacific National Bank v Wozab (1990) 51 Cal.3d 991, is inapposite, as that
case involved the seizing of money in the borrower's deposit accounts. Here, the
plaintiff voluntarily paid the money to defendants.
Where leave to amend is granted, plaintiff may file and serve a 3rd amended
complaint on or before August 22, 2010. Response to be filed and served within 20
days of service of the amended complaint, 25 days if served by mail.
The minute order is effective immediately. No formal order pursuant to CRC
Rule 3.1312 or further notice is required.