FORECLOSURE REVERSED- Zero Evidence in a Foreclosure Case

[@pennywagner8487]

it is even worse with non judicial foreclosures.

[@trichmenot499]

When a foreclosure is conducted by the trustee, the trustee does not foreclose on real property but instead completes a substitution of trustee. The deed of trust is an securities instrument that is referenced to your property. Your property was not used as collateral for a loan in a deed of trust because no loan exists. Your property has a junior lien attached to it not a Senior lien as in Real Property transactions. Your property is owned by the TRUST which was set up several 100 plus years ago and you will never know who actually owns it. The deed of trust you signed made you the renter, they had to deceive you otherwise you would not agree to pay their obligations as a true owner, ie: property taxes, insurance, repairs, etc. The Servicer acts as landlord and does not have any authority to lawfully assign the deed of trust and does not have any authority to foreclose. Servicers have NO business records for you to prove they purchased the loan. You believe that you could take the equity out of your home and when you were given a refinance, the little amount you got was in no way in comparison to what the Trust benefited from the investment to which were ridiculous amounts of monies. YOUR signature, your payments made them millions, billions and you received a tiny fraction. If you are o.k. with it so be it but People should be super pissed at the misrepresentation and Omissions acts which resulted in unjust enrichment for the TRUST. After the Trustee's private foreclosure sale and not a public one involving a Senior lien, the trustee falsely reports to the County Recorder's Office that a sale was effected. The trustee instructs the County Clerk to not file a conveyence in the public record section but in misc and the pretend sale of the property is tax exempt as well. Fannie Mae reports that you abandoned the property when you were forced, terrorized to vacate the premises, then files the pretend sale transaction as a 1099 reporting to IRS that as a result of the sale, you had earned income. When you ask for business records showing proper assignment of the so called loan, none can be produced. Ask proof of the foreclosure sale and none can be produced. The Trustee who is a lawyer says that he/she is exempt from revealing documents under client privilege. No proper accounting records available, no one to properly validate the business records and you will find out that the new owner is affiliated with a holdings company. Guess who is the appointed trustee of the Trust?

[@TSBOFRLM]

Trich Me Not Wow!

[@alexfilipovic586]

Trich Me Not Just a little hint for you guys you ever wonder why they endorse the back of these mortgage notes? They're using a qualified restrictive endorsement under 3 - 206 under 3 - 413 as a drawee payee which discharges the drawer and the maker which is allegedly the homeowner. Now they're liable for the payment to the homeowner for the payment that they endorsed... Simply put I give you a check, pay to the order of that is a liability instrument until you endorse it for payment... I give you a check you take that check you turn it over you endorse the back of it and you proceed to deposit it in a demand deposit account or transaction account well gentlemen you've been paid its no longer a liability instrument it's an asset..... finally under 1813 L1 of title 12 when a promissory note is deposited into a demand deposit account it becomes the equivalent of cash or money. Title 15 USC 78(c)(a)(10) states that if maturity date exceeds 9 months it it precluded from being a note or negotiable instrument. However UCC 3-104(e) says a promissory note is a liability instrument a order to pay is a draft the person entitled to enforce it can treat it as either/or. Definition of a draft in the UCC says its the same thing as a check. Hence the endorcment on the back of your mortgage or deed of trust its all the same shit.

[@mrslibertas3977]

Wow...what a horribly unprepared bank atty. The appeal was challenging the calculations used to arrive at the final judgment, one would think that it would be important for her to be able to point to the records or at least ask the bank to point her to the figures. Shame on the trial judge for awarding the bank in this case.

[@beth-rg8bm]

They got lazy!

[@Itiswhatitis2015]

The lady who bought my wrongful foreclosure case her title is Mers Corp!

[@christopherkelly9985]

Many banks are corrupt. The Trust associated with my mortgage never existed

[@B2BCreditandCollection]

Scumbag banks

[@alexfilipovic586]

This judge tore that lady apart Ahahahaha😂😂😂

[@beth-rg8bm]

And that folks, is a totally unprepared case!

[@joetheconch]

Ouch, painful.

[@Anhorish]

They only reversed the minor fees and the interest owed but even those fees may be reinstated by the lower court if proper documentation is provided. They homeowner lost according to the opinion. There was no direction to dismiss. Am i misreading the opinion? I'm not a lawyer.

[@ak74udieby]

they had no evidence in the 1st, and the 2nd trial was reversing the "fees" the bank came up with

[@gino007able]

The sad part is the trial judge just rubber stamped this foreclosure. The plaintiff gets a second bite at the apple and now can charge additional fee's including and not limited to attorney fee's. Banks are now in the real estate business not as lenders but as sellers. If they can fetch $220,000 on a property with a balance owed of $120,000, nice tidy sum plus the new mortgage interest. The banks got bailed out in 2007 - 2008, and I consider it socialism. If the government wanted socialism they should of directly helped out the homeowners in foreclosure, I call it trickle up economics. and today the cycle is starting again with relaxation of regulatory rules. How far down can the banks tank the economy to make so much more money.

[@mrslibertas3977]

The government shouldn’t have anything to do with funding mortgages nor incentivize corporate bankers to give everyone a loan, regardless of their ability to pay. This is at the crux of this clusterfuck, but the relief should have gone to the victims of predatory lending, not the bankers who violated SEC rules. So, FHFA both sued and bailed out these corporate frauds, and they continue to reap the benefits to this day thanks to state supreme, district and appellate courts. The judicial branch of government has completely defiled the integrity of our constitution.

[@Ragewolfe]

Believe it or not the fees withe previous case would not be reimbursable due to the fact the bank is required to be involved in the process and wrong documentation would be considered a title issue. There has to be a clear title when the property goes to sale making this one giant write off for the bank they can not recover the the costs with the previous case. In the end it was the bank's fault.

[@toddpowell2003]

I love it this lady is ignorant of the law she admits to it many times why don't you just give up