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Beware Of Fraudulent Foreclosure Notices

by Craig B (writer), February 27, 2009

Credit:

Many of these Notices of Default are not real, they are fraudulent and they are just another way to steal houses. Then the fraudster “sells” the stolen house under a fraudulent Trustee’s Deed.

Beware Of These Fraudulent Foreclosure Notices Being Filed as they are from Real Estate Fraud Scammers/Fraudsters. Many of these Notices of Defaults now being filed are just more Real Estate Fraud. Many of these Notices of Default are not real, they are fraudulent and they are just another way to steal houses. Then the fraudster “sells” the stolen house under a fraudulent Trustee’s Deed. By the time the homeowner and real and lawful lender finds out, it’s a huge legal nightmare, and the fraudsters are off with a lot of illegally obtained cash in their rotten pockets.

Too many title companies and sheriff’s offices are just accepting at face value these Notices of Default without actually verifying them against the actual Deed of Trust as to who really has the lawful authority to foreclose.

If you get one of those dreaded Notice of Default’s filed against your home, check out the facts first. Like is the one that filed that Notice of Default the one with the lawful authority to do so? Guess what? The vast majority of the time, they don’t! They claim to have the authority, but don’t believe it. Make them prove it to you.

If it’s not the party written in your Deed of Trust, a legal trail must be established as to how the alleged party now foreclosing is lawfully involved and has the lawful authority to do so. That included if your loan has been sold one or more times from who you originally did the loan with. There has to be provided to you the trail of legal transfers.

So that’s for the lender. You’re the Trustor so it’s the same for the Trustee and the Beneficiary. If the ones claiming to now be the Trustee and the Beneficiary are not the ones written in your Deed of Trust, these now alleged Trustee and the Beneficiary all have to legally prove how they now have lawful authority to foreclose.

Read your Deed of Trust to find out who the parties are that have legal authority to foreclose. It will be in your closing documents you got from escrow. If you can’t find your Deed of Trust, don’t worry. It’s filed at the country recorder’s office. You can either get a copy from there, or from any local title/escrow company.

Your Note will also be in your escrow docs you got when you bought the house. NEVER give a copy your Note to the ones doing the foreclosure. Odds are they don’t have the original let along a copy. Without the original Note, which the one doing the foreclosing has to produce, they can’t lawfully foreclose. The law requires the one doing the foreclosing has to produce the original note. Make them prove to you they have the original Note.

For example, RECONSTRUCT COMPANY filed a Notice of Default. Yet, there’s NO evidence RECONSTRUCT COMPANY has lawful authority to do what they have done, which is,

1. According to the NOTICE OF DEFAULT, “RECORDING REQUESTED BY RECONSTRUCT COMPANY.”

RECONSTRUCT COMPANY appears instead to be engaged in fraud. According to “Important Legal Notice NOTICE OF DEFAULT, RECONSTRUCT COMPANY, N.A., acting in its capacity as agent for the beneficiary,” alleges it’s the agent for the beneficiary and that “the Creditor to whom the debt is owed is Countrywide Home Loans.”

WRONG

1. RECONSTRUCT COMPANY is NOT the agent for the beneficiary.
2. Countrywide Home Loans is NOT the Creditor.

Here’s why:

1. RECONSTRUCT COMPANY has provided NO evidence that they are their claimed "agent for the beneficiary.”
2. According to the Deed of Trust RECONSTRUCT COMPANY references, the lender is Colonial Bank, N.A.

According to “Nevada Important Notice RECONSTRUCT COMPANY, N.A., claims to be “the duly appointed Trustee under a Deed of Trust”

WRONG

1. Reconstruct Company is NOT the duly appointed Trustee under the referenced Deed of Trust

Here’s why:

1. According to the Deed of Trust RECONSTRUCT COMPANY references, the Trustee is FIRST CENTENNIAL TITLE COMPANY.

According to the Deed of Trust RECONSTRUCT COMPANY references, the “Trustee shall give public notice of the sale to the persons and in the manner prescribed by Applicable Law.” The Trustee according to the Deed of Trust RECONSTRUCT COMPANY references, is FIRST CENTENNIAL TITLE COMPANY. FIRST CENTENNIAL TITLE COMPANY has failed to “give public notice of the sale to the persons and in the manner prescribed by Applicable Law.”

Photo from http://www.google.com/imgres?imgurl=http://www.dvdbeaver.com

Also, in the last couple days, I had several people tell me about a recent attack at UNR.  Be on the look-out for a Chinese looking male in a blue pick-up truck with Nevada plate 188-URR.  If you see this truck, immediately call 911 and report its location and that it is the truck sought in the recent UNR attack.



About the Author

Craig B is a writer for BrooWaha. For more information, visit the author's website.
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25 comments on Beware Of Fraudulent Foreclosure Notices

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By HurricaneDean on February 27, 2009 at 08:52 pm

Good article, Craig. I heard about this and I think you really nailed it here. Great job. - Dean

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By Morgana on February 28, 2009 at 02:01 pm

There are things known, and there are things unknown, and in between are the doors.”  Jim Morrison. 

Craig's exposes are doors.  It is Our Right To Know what’s behind these doors.  Not every story is a Watergate.  Reporting all the stories that expose corruption, self-aggrandizement, waste, law-breaking, ethics failures, egos above the law, and duplicity, is paramount for the public interest and the public’s right to know. Why? Because freedom can’t blog itself.  The opportunity is here to break out the windowpanes painted closed by fear, censorship, and corporate and government pressure, and let the fresh air of the news in.  It’s bad enough when out and out criminals are doing the real estate fraud, but now so also are the home loan lenders in their fraudulent Notices of Default/Foreclosure and their fraudulent Short Sales.

These millions of Short Sales the lenders have approved are repugnant as those Short Sales illegally put millions of Americans out of their homes.  If the lender is willing to do a Short Sale, they should instead comply with the laws and Just Do The Required Home Loan Modification.  The immoral reason the lenders go for the short sale is the loan origination fees.  A sale generates loan origination fees to the lender in the buyer’s loan(s).  Moreover, these fees are an enormous amount per loan.  A legally REQUIRED Note Modification does not generate those enormous fees.  Real estate agents mistakenly urge homeowners to do the Short Sale for the same reasons.  Real estate agents don’t get any money off a Loan Modification.  Real estate agents get money off a Short Sale.  Hence, all these illegal foreclosures.

The proposal to refinance into a government backed, insured or subsidized loan is untenable. It is swaggering jargon that confirms lender smallness in their thinking.  It is more houses of cards and smoke and mirrors.  A Short Sale or a refinance does not benefit the borrower.  Neither benefits the American taxpayers.  Neither benefits the American economy.  A Short Sale and a refinance only benefit the lenders.  They are strong evidence for more Bait & Switch loan practices.  Are decent people really that easy to manipulate?

Is Your Lender A Patriot Or Terrorist?  Lenders have already approved millions of Short Sales.  Lenders used these Short Sales to drive, deliberately, Americans out of their homes knowing they would be future homebuyers with future home loans.  Lenders created the problem and created for themselves future profits.  It was draconian.  A Note Modification would have avoided that.  Lenders are already approving a reduction in principal aka loan forgiveness in these Short Sales.  They can do the same allowed for loan forgiveness in the legally REQUIRED Note Modification.  Then the homeowner remains in their home.

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By Edward on February 28, 2009 at 06:29 pm

Craig, glad to read you here agin.  I sent an email to the SOS Texas at corpinfo@sos.state.tx.us about verifying this RECONSTRUCT COMPANY.

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By Just Average Joe on March 06, 2009 at 04:35 pm

This is another one of the escalating problems.  The sheriff and title companies are still incredibly not up to speed about checking against the Trust Deed to see who actually can be doing the foreclosure.  I predict there are going to be a lot of title companies taking some serious hits from their issuance of title insurance off this Trustee's Deed that are really illegally obtained.  What a mess that'll be!  And without marketable title since the title insurance is defective,  either the wronged owner who lost their house illegally, or the buyer in good faith who buys from a seller with one of these fraudulent Trust Deeds, or maybe even both, will be paid off by the title cmpany who failed to due their required due dilligence! 

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By Lady D on March 14, 2009 at 10:48 am

If you look on Craigslist for a job, these fraudulent companies are hiring and if they are willing to hire someone like me (and they were but I declined because thier answer to my questions were very vague) who knows nothing of finance, something is seriously wrong.

Great article.

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By Edward on March 21, 2009 at 02:43 pm
Craig, the Texas SOS has no record of that company.  Ripoff Report - “Don’t let them get away with it . . . let the truth be known!”   “Valuable insight toward addressing the NATIONWIDE MORTGAGE MESS can be gained from looking at the appalling example of LOUISIANA wherein it is HIGHLY COMMON for some debt collector attorneys to file foreclosure (called "Executory Process") proceedings: (i) in the name of a DEFUNCT mortgage company; (ii) in the name of a mortgage company which is NO LONGER holder of the security interest / the promissory note;  or (iii) file foreclosure proceedings wherein those attorneys AFFIX a 'ransom' amount (their fee) far exceeding what the promissory note "Acceleration Clause" authorizes.  When either of those 3 illegalities occur in foreclosures, the property owner IS UNLAWFULLY LOSING HIS /HER PROPERTY.”
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By Craig B on March 25, 2009 at 03:29 pm

I got this message from who I’ll identify as “M.”

Hi Craig, I work for TitleOne in Las Vegas and your article is extremely disturbing as I have seen this company's name on our county records. Can you please tell me where you have gotten your information as to whether or not they are authorized to act as trustee for these banks? Any information you could forward to me would be greatly apprecaited as I started noticing same compnay over and over in recent weeks.......Your article is great, I just signed up for this website has awesome information??????

M

I wrote back:

Hi  M,

Here in Reno, which is where I’m at, I’m getting the information from the Washoe County Recorder’s Office.  All the legal information that a title company can rely on in the chain of title search when the title company issues the title insurance, is on each property’s recorded Deed of Trust or Grant Deed or Quit Claim Deed.  Those are the only documents that should be accepted and relied on for these foreclosures by the sheriffs and in issuing their Trustee’s Deed, and the title companies subsequent issuance of title Trustee insurance and title insurance going forward from a Trustee’s Sale.  If the party/ies identified in the property’s Deed of Trust is or are not the same as the ones doing the “foreclosure,” the escrow and title must know why they aren’t before escrow is closed.  And they must know to their legal satisfaction before they close the escrow or issue title insurance.

Eddie did some research and posted his results here.  The Texas Secretary of State, the Nevada Secretary of State and in fact, nowhere, can we find a record of this Reconstruct Company legally existing through business licenses, income tax identification numbers, sales and use tax numbers, employee business tax identification numbers, stock, etc.  When I called the 800 number for Reconstruct it’s automated and the Trustee Sale number referenced on the Reconstruct document, when I keyed it in, I got a recording there was no record of that Trustee Sale Number.

Joe’s comment here is also spot on:  “This is another one of the escalating problems.  The sheriff and title companies are still incredibly not up to speed about checking against the Trust Deed to see who actually can be doing the foreclosure.  I predict there are going to be a lot of title companies taking some serious hits from their issuance of title insurance off this Trustee's Deed that are really illegally obtained.  What a mess that'll be!  And without marketable title since the title insurance is defective,  either the wronged owner who lost their house illegally, or the buyer in good faith who buys from a seller with one of these fraudulent Trust Deeds, or maybe even both, will be paid off by the title cmpany who failed to due their required due dilligence!”

In Nevada, failure to deliver services within a reasonable time, and maintaining a pattern of illegal business practices in Nevada, and failure to hold required licenses are NRS violations.

Reconstruct has failed to deliver services within a reasonable time per NRS 598.0903, et seq http://leg.state.nv.us/NRS/NRS-598.html and Reconstruct has maintained a pattern of illegal business practices in violation of Nevada's consumer protection laws.   Reconstruct fails to have the required licensees.  That should all be blogged and reported to:

State of Nevada Office of the Attorney General                         fax #  (775) 684-1170 
Bureau of Consumer Protection
100 North Carson Street
Carson City, Nevada 89701

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By Craig B on March 25, 2009 at 03:48 pm

Mortgage, Title, Escrow, etc. Steering is also illegal.  Which many of these lenders who have forelclosed illegally are illegally requiring.  See my article @ http://renomortgagefraudexposes.ning.com/profiles/blogs/mortgage-steering.

In reviewing past years’ Northern Nevada MLS (Multiple Listing Service), it is disturbing to me to discover just how many Realtors have put into their public listings that buyers of the properties they have listed must be qualified through a then named lender.  That is Mortgage Steering which RESPA, Real Estate Settlement Procedures Act does not approve of.

Home buyers as consumers are required to use their lender of choice, not the sellers or Realtors choice.  Home buyers as consumers should also be made aware that all investments carry some degree of risk, and the National Association of Realtors (NAR) should make educating homebuyers of such a priority - for the wellbeing and safety of their Realtor members, and for the safety and well-being of their clients, customers and community.

"The Realtor doesn't want to appear to be steering you towards any particular lender as it is against his/her Code of Ethics they subscribe to." 
,

"Sometimes, the real estate agent will offer to help you obtain a mortgage loan. He or she may also recommend that you deal with a particular lender, title company, attorney or settlement/closing agent. You are not required to follow the real estate agent's recommendation, that is called "steering". Steering is illegal."

Steering: The Most Violated Law In Real Estate.

Realtors Sued for Steering Customers.

Not legal.

Mortgage Steering Act.

Predatory Lending Through Loan Steering.

RESPA is the consumer protection law designed to prevent builders and real estate agents from steering their customers to title companies, appraisers, attorneys and escrow agents in return for cash or other under-the-table forms of compensation.

This link has the penalties for a RESPA violation

So I called the Northern Nevada MLS and I think the woman I spoke with said her name was Mary Jo. I asked her about the MLS publishing of a buyer’s use of a required lender in the MLS. She told me that "We don't work for the public. We are a private service. We totally support our sole clients which are real estate agents."

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By Joan Westin on April 20, 2009 at 03:18 pm

My family is now in foreclosure as my husband got laid off fall 2008. He hasn’t been able to find work since then. Our only income is now mine. The Washoe County Sheriff should just stop enforcing these foreclosures. They are illegal. They are morally wrong. It is not our fault the economy imploded, collapsed, went south, tanked, whatever it is called. The reality is that it has hit us hard as it has everyone we know. We never had much savings to begin with. We never had medical insurance. We have one child, a beautiful 12 year old girl, adopted just after birth when we felt we were finally financially in the money enough for a family.  She’s an unplanned baby from a friend of a friend’s daughter who knew we had decided to adopt.

We had refinanced in May 2005 to pay off credit cards. Since my husband’s lay off, we’ve been running them back up. The loan Sheryl Christenson at Countrywide put us into was what we later discovered was a home equity line of credit, so we never know from month to month what our payment is. Wish Sheryl Christenson had told us that then. Our house is down to half what it appraised for in Spring 2005. There are several foreclosures in our neighborhood. But it seems that way everywhere we go in town. Their yards are dead. Many of them have been broken into.

In my neighborhood, and even around town, it seems like three fourths of the houses are either in foreclosure or bank owned. It’s gotten so bad that the bank owned properties are no longer letting the real estate agents put For Sale signs on them because if the foreclosed on owner didn’t strip the property, the Fore Sale sign is an invitation to do so. Those doing the break-ins to the vacant properties fast figure it out that the property is a foreclosure though from the dying or dead landscaping, and if the property has been winterized, not all the banks are doing that though, so beware frozen water pipes, the yellow stickers all over the windows are advertising that, which is again another invitation saying “Break In.” Although some of the properties have doors that are not even locked. Some are due to the French doors’ latches are broken. I also don’t understand why with the names, dates, places, paperwork etc. documented, more of these criminals are not in prison. I believe it about the bribes offered and paid to quash investigations and prosecution. Bribes explains why the complaints and lawsuits here are getting no where – the corrupt activist state administrators and judges quash them. Did and is the FBI agents also taking bribes as they sure drag/dragged their heels? Although no surprise there I guess with all the pre-knowledge the FBI had about 9.11.

We will use this stuff we’ve learned here to try to get the loan modification and see if the foreclosure is legal or not, but we still fear we’re facing bankruptcy. But the people we know who have or are in bankruptcy have horror stories about it. We‘ve made our rounds of the free consults with the Reno bankruptcy lawyers and they are a strange lot. Messy offices.  Late for appointments. Too many people at them are just out and out rude. Others look blank when we ask about the loan modification our friend told us about when they sent us to here. These bankruptcy offices are not exactly the kind of people to make us feel comfortable or that we are in good hands.

We wrote to Senator Harry Reid, Senator John Ensign and Congressman Dean Heller. They have no clue of the federal laws for the loan modifications or the mortgage fraud that created the Housing Bubble and the inevitable Housing Bust.

I worry most about my husband. At times, I wonder if he’s had a nervous breakdown.

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By Morgana on April 23, 2009 at 04:21 pm

I've often wondered if BrooWaha's and Reno Expose’s Craig B. is Reno's Craig Bergland, http://www.votebergland.org/ and craig@votebergland.org. Here is another of Craig Bergland's comments as only he can write them, which I support. This comment of Craig Bergland was in the March 26, 2009 Reno News & Review @ http://www.newsreview.com/reno/content?oid=932470:

Goodbye, Charles

Well, let’s hope that San Bernardino has no historical buildings still standing. Or that they need an upgraded semi-underground community-disrupting train trench.
Consider that we’ve spent waaaaaaay too much money on a temporary fire station whilst a prior previously-used station was available on the northeast side of the Wells overpass (where the Volkswagen spider art piece once resided) in almost turnkey condition.

It blows me away that our too-long-termed city manager has made more money and had a larger staff than our state governor.

Wow.

Good luck Charles, and don’t let the door hit you in the ass on the way out.

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By Carol Young on May 14, 2009 at 05:15 pm

The issues in this Foreclosure Fraud must start with the Sheriff as it is the Sheriff that issues the Sheriff’s Deed, which is the title given to a buyer at a mortgage foreclosure sale.  A Sheriff’s Deed carries no warranties.  After a buyer eventually comes along, then escrow is usually opened and the title companies get involved in issuing title insurance.  Without title insurance there is no marketable title.  Without marketable title, the house is worth zero no matter how much debt is on it.

When the Washoe County Sheriff fails to do their due diligence, which they are 100% doing, that the foreclosure is legal and not fraudulent, as just about every single one of them now are, the title company should refuse to issue title.  Before any title company issues title on a deed out of foreclosure, it must do its due diligence that that deed out of foreclosure was lawfully obtained, which just about none of them.  So yes, the title companies are hanging themselves out for huge future liability by issuing title insurance after these Sheriff’s Deeds.

I think the Washoe County Sheriff Dennis Balaam has zero clue about his and his office’s role and fiduciary duties in all this Foreclosure Fraud.  dbalaam@mail.co.washoe.nv.us  That lack of understanding by Sheriff Dennis Balaam and his and the Washoe County Sheriff’s participation in Foreclosure Fraud to me violates the WCSO VISION STATEMENT - The Washoe County Sheriff's Office will exist to preserve liberty, enhance the safety of the community and defend human dignity.

The Constitutional Issue of Due Process has affected the ability of lenders to foreclose property. In Ohio, the Federal District Court has dismissed numerous foreclosure actions by lenders because of the inability of the alleged lender to prove that they are the real party in interest. In Colorado, on June 19, 2008, a District Court Judge dismissed a foreclosure action because of failure of the alleged lender to prove they were the real party in interest.

Because the right of redemption is an equitable right, foreclosure is an action in equity. In order to keep the right of redemption the debtor can ask an equity court for an injunction. If repossession is imminent the debtor would need to seek a temporary restraining order.

A debtor may also challenge the validity of the debt in a claim against the bank in order to stop the foreclosure and sue for damages. In a foreclosure proceeding, the lender bears the burden of proving that there was a valid debt. There is case law to support the debtor's case: First National Bank of Montgomery vs. Jerome Daly, 1969, in the Justice Court State of Minnesota the Judge ruled in favor of the debtor on December 9, 1968: IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

1.That the Plaintiff is not entitled to recover the possession of Lot 19, Fairview Beach, Scott County, Minnesota according to the Plat thereof on file in the Register of Deeds office.

2. That because of failure of a lawful consideration the Note and Mortgage dated May 8, 1964 are null and void.

3. That the Sheriff’s sale of the above described premises held on June 26, 1967 is null and void, of no effect.  That because of failure of a lawful consideration the Note and Mortgage dated May 8, 1964 are null and void.

The Washoe County Sheriff should just stop enforcing these foreclosures.

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By Craig B on May 14, 2009 at 09:36 pm

Carol, thanks for the spot on groovy comment. I agree that is part of the duty of the Sheriff's office. Mike Haley is now the Washoe County Sheriff and he’s not as liberal with his e-mail as Sheriff Dennis Balaam was.

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By Michelle on May 16, 2009 at 10:00 am

Hi All, this is a great feed.  I hope it stays open.  I am the M from above.....Loan Mod, credit repair, We pay cash for homes, save homes from foreclosure....... the new fraud vehicle, know who your working with....check them out....even if they work for a reputable bank or lender, doesn't make the individual so.....To all of the above Harry Reid will not help any of you.  He wants to stay away from this mess he was also investigated for his part in real estate/mortgage shemes and fraud........ Don't you get it by now?  He's a lame duck.  He was used as a vehicle for 25 visits to cap our  state's presidential swing vote, and now that the election's over he is of NO use to them....watch the body language between Obama and Reid during sessions and news conferences.....all those projects, money and programs headed to Nevada?  Don't hold your breathe.  Recently a group from LV went to talk with him regarding the real estate/equity/programs available to Nevadans....they were shut out....ok i'm jumping off my soapbox now....have a great day.

M

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By Craig B on May 20, 2009 at 06:16 pm

Michelle, glad to see you posting on your own.   Thanks for reminding us again the importance of “check them out....even if they work for a reputable bank or lender, doesn't make the individual so.”

Two other aspects of these foreclosures have been brought to my attention.   The first is that in that many paged Deed of Trust is a clause about “impairment of security” as a valid reason for the lender to foreclose.  In California "to accelerate payment on this note even though there was no showing that [their] security interest had been impaired." Id. at 283, 204 Cal.Rptr. at 32.

Then there’s the home equity lines of credit that were dropped in the amount the borrower could access or the borrower was denied access.  All with no warning to the borrower.  "[t]he lender does not have the right to unilaterally cut off the borrower's right to use the loaned funds unless he can show that his security is impaired," id. at 80, 146 Cal.Rptr. at 59-60, the court concluded that the deed of trust "must be construed to avoid the unintended acceleration of the note," id. at 81, 146 Cal.Rptr. at 60.

In this Nevada case I’m looking at, the lender is foreclosing on a Nevada homeowner that is current in their payments.   The lender is using that “impairment of security” clause citing the drop in value to foreclose.  http://openjurist.org/811/f2d/1255  The benefit to the lender doing that is the origination fees the lender plans to get by forcing the buyer to use the lender.  That requirement by the lender that that lender as the buyer’s lender is a RESPA violation. 

The other aspect of these foreclosures is when a fire breaks out on a property in foreclosure.  This has already happened in California.  There have been a few here in Northern Nevada.  Under the homeowner's deed of trust, the trust deed beneficiary, the lender, has the option of either applying the insurance proceeds to reduce the homeowner's indebtedness or to rebuild the property.   There is a concern with the trust deed beneficiary's aka lender’s use of a fortuitous fire to accelerate the trustor's aka borrower’s loan, foreclose.  In this California case the fire was determined to be from arson, but uncertain as to whom the arsonist was.  In this California case the lender refused to grant the homeowner permission to rebuild.  The lender wanted the insurance proceeds to reduce the homeowner's indebtedness to the lender.  That’s a motive for the lender to torch a property in foreclosure.

That’s in California.  So in California the lender has a strong motive, money, to torch a property.  What about Nevada? 

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By Craig B on June 09, 2009 at 05:10 pm

Here in Reno, Nevada Judge Brent Adams has a foreclosure according to the Washoe County, Nevada public records.   Judge Brent Adams should be checking his Deed of Trust terms against the Notice of Default that was used against him.

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By Craig B on June 22, 2009 at 04:45 pm

U.S. Senator Harry Reid                                  fax # (775) 686-5757

State of Nevada Office of the Attorney General                         fax #  (775) 684-1170 
Attorney General Catherine Cortez Masto

Bureau of Consumer Protection
100 North Carson Street
Carson City, Nevada 89701

Cc:    Countrywide Home Loans                             fax # 800-658-0395

400 Countrywide Way, MS SV-314

Simi Valley, CA 93065

RECONSTRUCT COMPANY                                                        tel # (972) 498-2182

Attn: Wendy McKnight, VP, Counsel- Recon Trust

2380 Performance Dr. Bldg C

Richardson, TX 75082

Re:   Countrywide Home Loans and RECONSTRUCT COMPANY

Dear U.S. Senator Reid and Attorney General Catherine Cortez Masto,

This letter is to ask your assistance.  As you can tell from the enclosed paperwork, in January 2008, sixteen months ago, I first started my loan modification that Countrywide is REQUIRED to do.  In spite of my now sixteen months of fax receipts documenting my written attempts with now eleven Countrywide employees, Temena McGee, Michelle Langley, Ashley Stix, and Brandon Coltin, Liddy, Cliff, Kathleen, Marcus, Maryann, Tamara Brown, and Kathleen Walker tel # 800-669-0102 x 8408, fax # 805-520-5019 my complaint to the BBB and my attempt through Consumer Credit Counseling Services, inexplicably, Countrywide has not done the loan modification as they are required by law and their own rules and instead filed an illegal foreclosure using RECONSTRUCT COMPANY.  The Texas Secretary of State, the Nevada Secretary of State and in fact, nowhere, can we find a record of this Reconstruct Company legally existing through business licenses, income tax identification numbers, sales and use tax numbers, employee business tax identification numbers, stock, etc.  When I called the 800 number for Reconstruct it’s automated and the Trustee Sale number referenced on the Reconstruct document, when I keyed it in, I got a recording there was no record of that Trustee Sale Number.

The U.S. Federal Government and the State of Nevada should freeze ALL foreclosures, and do it immediately and for a 2-year period. Why? Because the greed of the home loan lenders has caused them to NOT, and continue NOT, to follow and obey the EXISTING rules and laws REQUIRING Lender Foreclosure Mitigation.

Due to the collapse in housing prices I am out the 20% down or approximately $80,000 cash I put down.  In spite of that, I am still upside down on my mortgage. In January 2008, sixteen months ago, I faxed to Countrywide my income tax returns and financial situation, which had changed dramatically due to the recession.  I have been consistently making the payment which Countrywide has been cashing with my PAID IN FULLL written on every check that Countrywide has cashed.  In bad faith, months later, Countrywide has now filed a Notice of Default against my home without the mandatory Nevada ASSEMBLY BILL NO. 149 disclosures and requirements.

1.   I dispute the validity of this alleged “debt” and portions of the alleged “debt.”Countrywide has failed to comply with the state and Federal law, Fair Debt Collections Practices Act (FDCPA), which require Countrywide to immediately send me including but not limited to

a.   written legal validity of this alleged “debt” as mine, including what I allegedly signed to create this alleged debt, with the original to be provided for examination,

b.   a full and complete account history, with the original to be provided for examination,

c.   all communications of any sort of all parties in validating this alleged debt, with the originals to be provided for examination,

d.   how the alleged “debt” legally ended up with Countrywide Home Loans, with the originals to be provided for examination.

2.   Countrywide has reported unsubstantiated credit information to credit reporting agencies in violation of 1681 c of the Federal Credit Reporting Act (FCRA).

3.   Countrywide's notice fails to have the legally required state and Federal disclosures, such as, but limited to, I do not have to pay, and Countrywide can not accrue interest or costs, while I have disputed the account, while Countrywide is investigating, and Countrywide is to provide me with written legally sufficient proof of the validity, and why Countrywide is the alleged legal creditor, nor can Countrywide report me as delinquent or take any action to collect the amount in question.

4.   Pursuant to the Statute of Frauds, all communication are REQUIRED to be in writing.  I have repeatedly requested Countrywide to write me which Countrywide has repeatedly failed to do.

5.   Countrywide has failed to comply with Fair Debt Collections Practices Act (FDCPA) and provide me with the legally required information, and Countrywide has failed to terminate collection efforts as lawfully required to do so by Fair Debt Collections Practices Act and or NRS 11.190.

6.   Countrywide Home Loans has been MAINTAINING A PATTERN OF ILLEGAL BUSINESS PRACTICES with me.   That is a violation of Nevada's consumer protection laws Per NRS 598.0903, et seq http://leg.state.nv.us/NRS/NRS-598.html.  Countrywide Home Loans has failed to deliver services within a reasonable time to me per NRS 598.0903, et seq http://leg.state.nv.us/NRS/NRS-598.html which is in violation of Nevada's consumer protection laws.

7.   Previously the U.S. Housing and Urban Development (HUD) did have oversight over Freddie Mac and Fannie Mae through the Office of Federal Housing Enterprise Oversight.  As I had pointed out several times to Countrywide, Freddie Mac, Fannie Mae and HUD’s Note Modifications laws and rules REQUIRE Countrywide Home Loans to do a loan modification with me.

8.   I first started my loan modification Countrywide is REQUIRED to do in January 2008.  In spite of my now sixteen months of fax receipts documenting my written attempts with now eleven Countrywide employees, Temena McGee, Michelle Langley, Ashley Stix, and Brandon Coltin, Liddy, Cliff, Kathleen, Marcus, Maryann, Tamara Brown, and Kathleen Walker tel # 800-669-0102 x 8408, fax # 805-520-5019 my complaint to the BBB and my attempt through Consumer Credit Counseling Services, inexplicably, Countrywide has not done the loan modification as they are required by law and their own rules.

9.   In 2005, HUD http://www.mortgagenewsdaily.com/532005_HUD_Foreclosures.asp put forth its “FHA Loss Mitigation Program gives lenders the authority and responsibility to assist homeowners who have fallen into financial difficulties with their home mortgages.

a.   Also from HUD’s then website:  HUD published a final rule that dramatically increased the financial damages that HUD can seek against lenders that fail to utilize its mitigation programs. The rules provide for additional damages of triple the amount of any FHA mortgage insurance benefit claimed by a lender.  Both the positive and the negative reinforcement techniques or minimize their impact on the FHA insurance funds and homeowners themselves and are meant to prevent foreclosures.

10.                My loan was originally under Freddie Mac.  As I had pointed out several times to Countrywide in my several written communications with them in the last sixteen months, which I have all the fax receipts to, Freddie Mac’s Note Modifications rules were, in May 2007, Freddie Mac REQUIRED loan modifications to AVOID foreclosures.  From Freddie Mac’s website, http://www.freddiemac.com/singlefamily/news/newsletter/2007/05/loan_modification.html: “As the real estate market continues to change in many areas of the country, many borrowers who are facing financial hardship are finding it increasingly difficult to make their mortgage payments, which may result in jeopardized credit and even loss of their home. But help is available. We offer many alternatives to explore with borrowers who are delinquent on their mortgage payments. For borrowers who face foreclosure, it’s reducing the borrower's note rate or monthly payment, or extending the maturity date, and a loan modification is a possible option for a borrower in default.”.

11.                On June 7, 2006, the Secretary of HUD's Regulation of the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac); Regulatory Amendments To Strengthen Prevention of Predatory Lending Practices http://www.epa.gov/EPA-IMPACT/2006/June/Day-07/i8843.htm.

12.                FANNIE MAE’s foreclosure mitigation rules were similar.  On October 4, 2006 , Fannie Mae also REQUIRED loan modifications to AVOID foreclosures.  From Fannie Mae’s website https://www.efanniemae.com/sf/guides/ssg/annltrs/pdf/2006/06-18.pdf, “This Announcement describes an additional option now available to servicers for modifying delinquent adjustable-rate conventional mortgages and introduces new and enhanced forms for documenting modifications of both adjustable-rate and fixed-rate conventional mortgages. In order to avoid foreclosures of delinquent mortgages, we allow servicers to modify the terms of delinquent conventional mortgages with our prior approval and that of the mortgage insurer, if any. Currently, servicers may recommend to us modifications that extend the term of the mortgage, provide for reamortization of the outstanding debt, change adjustable-rate mortgages to fixed-rate mortgages (using the current market interest rate for the remaining term of the mortgage), capitalize delinquent interest and escrow items or advances (and costs, if allowed by state law), and/or reduce the existing interest rate to the current market rate or to a below-market interest rate.”

13.                In support of ALL the REQUIRED note modifications, there is the Emergency Home Ownership and Mortgage Equity Protection Act of 2007, http://thomas.loc.gov/cgi-bin/query/z?c110:H.R.3609. President Bush signed HR 3648, The Mortgage Forgiveness Debt Relief Act of 2007 http://www.homesalessandiego.com/blog/bush-signs-mortgage-debt-forgivene..... It created a three-year exception, starting January 1, 2007, for IRS debt forgiveness on owner-occupied home loans. "The goal of the Administration and legislators is to reduce the number of foreclosures and the need for short sales by allowing homeowners to renegotiate their loans without tax consequences." So the clock is ticking for homeowners such as me to get their Note Modifications the lenders are REQUIRED to give them.

14.                The Housing and Economic Recovery Act of 2008, H.R. 3221 REQUIRES that “purchases of foreclosed homes must be at a discount from the current market appraised value of the home or propertyhttp://www.dhcd.state.md.us/Website/home/Document/NCSHA%20HR%203221%20Summary%20FINAL.pdf.  It also “appropriated $180 million to the NRC to remain available until September 30, 2008 for foreclosure mitigation activities and required NRC to use $30 million of the $180 million in counseling funds to make grants to counseling intermediaries or to hire attorneys and assist homeowners with legal issues directly related to the homeowner’s foreclosure, delinquency, or short salehttp://www.dhcd.state..md.us/Website/home/Document/NCSHA%20HR%203221%20Summary%20FINAL.pdf.

15.                On August 14, 2008, HUD issued MORTGAGEE LETTER 2008-21 MORTGAGEE LETTER 2008-21.  It REQUIRED that:Late fees should not be capitalized in a Modification or included in a Partial Claim.  As the goal in providing the mortgagor either a Loan Modification or a Partial Claim is to bring the delinquent mortgage current and give the mortgagor a new start, the mortgagee should waive all accrued late fees.

16.                On September 17, 2008, the Statement of Sheila C. Bair Chairman Federal Deposit Insurance Corporation on A Review of Foreclosure Mitigation Efforts before the Financial Services Committee U.S. House of Representatives was made about The Housing Markets and the Impact of Unnecessary Foreclosures http://www.fdic.gov/news/news/speeches/chairman/spsep1708.html.  Ms. Bair emphasized that “Minimizing foreclosures is important to the broader effort to stabilize global financial markets and the U.S. economy.”  Regarding FDIC’s conservatorship of failed IndyMac, “The FDIC strongly supports programs that result in mortgage loans that are sustainable over the long term and avoid unnecessary foreclosures that harm individual borrowers and the economy. Prudent workout arrangements are in the long-term best interest of both the financial institution and the borrower. As a member of the Oversight Board for the HOPE for Homeowners Program, the FDIC is committed to successful implementation by the October 1 deadline. In addition, the FDIC will continue the systematic program now in place at IndyMac Federal to convert troubled loans into performing loans and enhance the value of these assets.”

17.                The Federal Housing Finance Agency (FHFA) was formed by a legislative merger of the Office of Federal Housing Enterprise Oversight (OFHEO), the Federal Housing Finance Board (FHFB) and the U.S. Department of Housing and Urban Development (HUD) government-sponsored enterprise (GSE) mission team. FHFA regulates Fannie Mae, Freddie Mac and the 12 Federal Home Loan Banks.  FHFA also REQUIRES Note Modifications.

a.   FHFA Announces Implementation Plans for Streamlined Loan Modification Program (Dec 18, 2008), http://www.fhfa..gov/webfiles/267/SMPimplementation121808.pdf 

b.   FHFA Submits First Report on Homeowner Assistance to Congress (Dec 02, 2008), http://www.fhfa.gov/webfiles/196/EESASection110Dec208.pdf 

c.   FHFA Monthly "Foreclosure Prevention Report" Released (Nov 25, 2008), http://www.fhfa.gov/webfiles/188/PRAugForePrevRpt112508.pdf

d.   FHFA Urges Servicers to take Prompt Action on Loan Modifications (Nov 24, 2008), http://www.fhfa.gov/webfiles/184/Servicersrelease112408.pdf

e.   FHFA September Foreclosure Prevention Report Released (Dec 16, 2008), http://www.fhfa.gov/webfiles/217/SeptForeclPreven121608.pdf.

18.                Then the Nevada ATTORNEY GENERAL ANNOUNCES SETTLEMENT WITH COUNTRYWIDE TO HELP BORROWERS FACING FORECLOSURE @ http://foreclosurehelp.nv.gov/AGCountrywide2008-10-06.pdf

 

Loan modifications valued of reduced interest payments and, for borrowers, reduction of their principal balances; Waiver of late fees; Countrywide said the loan modification program will be ready for implementation by December 1, 2008, and that the company would engage in proactive outreach to eligible customers by then.

Countrywide failed to outreach to me.  Countrywide also noted that foreclosure sales will not be initiated or advanced for borrowers likely to qualify until Countrywide has made an affirmative decision on a borrower’s eligibility.  I provided my income tax returns, financial status and Hardship Affidavit to Countrywide in January 2008.  Since then, I have received no response to what I submitted.  According the Nevada AG’s webpage, the toll-free number for Countrywide customers who want more information is 800-669-6607.  I called that number and was transferred to Brandon Colton where I left a message, followed it up with faxes to fax # 800-658-0395 but never got a response to my repeated messages nor requests. Countrywide is also now violating the December 2008 settlement agreement that Countrywide entered into with the State of Nevada Office of the Attorney General.  Weeks ago I submitted a complaint to the Nevada Attorney General’s office via Nevada Rhodes but have yet to hear back.

19.                Countrywide Home Loans has a duty of good faith dealing which they have repeatedly violated with me.  Aside from Countrywide’s failure to do the REQUIRED loan modification, failure to respond in writing as required to my thirteen months of written attempts, Countrywide has been accepting my payments now for several months as PAID IN FULL, but gives me no accounting for the payments other that their posting of my PAID IN FULL payment as an illegal “unapplied.”  Since Countrywide has been cashing my PAID IN FULL checks, the Notice of Default Countrywide just filed is also illegal with that also.

20.                My current interest rate is 6.875%, which is way above current market interest rates.   Due to the collapse in housing prices I am out the 20% down or approximately $80,000 cash I put down.  In spite of that, I am still upside down on my mortgage.  In January 2008, sixteen months ago, I faxed to Countrywide my income tax returns and financial situation, which had changed dramatically due to the recession.  I have been consistently making the payment which Countrywide has been cashing with my PAID IN FULLL written on every check that Countrywide has cashed.

21.     NV AB 149 FURTHER Requires Homeloan Modifications Nevada legislators finally got fed up enough with the lenders illegal foreclosures and did something.

FEBRUARY 9, 2009.

Nevada ASSEMBLY BILL NO. 149 establishes additional restrictions on the trustee’s power of sale with respect to owner-occupied housing by providing a homeowner with the right to request mediation under which he may receive a loan modification. Once a homeowner requests mediation, no further action may be taken to exercise the power of sale until the completion of the mediation. Each mediation must be conducted by a senior justice, judge, hearing master or other designee pursuant to rules adopted by the Nevada Supreme Court or an entity designated by the Nevada Supreme Court.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 107 of NRS is hereby amended by adding thereto a new section to read as follows:


1. In addition to the requirements of NRS 107.085, the exercise of the power of sale pursuant to NRS 107.080 with respect to any trust agreement to which NRS 107.085 applies and which concerns owner-occupied housing is subject to the provisions of this section.

2. The trustee shall not exercise a power of sale pursuant to NRS 107.080 unless the trustee includes in the notice required by subsection 2 of NRS 107.085:

(a) Contact information which the grantor may use to reach a person with authority to negotiate a loan modification on behalf of the trustee;

(b) Contact information for at least one local housing counseling agency approved by the United States Department of Housing and Urban Development; and

(c) A form upon which the grantor may indicate his election to enter into mediation or to waive mediation and one envelope addressed to the trustee and one envelope addressed to the Administrative Office of the Courts, which the grantor may use to comply with the provisions of subsection 3.

3. The grantor shall, not later than 30 days after service of the notice in the manner required by NRS 107.085, complete the form required by paragraph (c) of subsection 2 and return the form to the trustee by certified mail, return receipt requested. If the grantor indicates on the form his election to enter into mediation, the trustee shall file a copy of the form with the Administrative Office of the Courts, which shall assign the matter to a senior justice, judge, hearing master or other designee and schedule the matter for mediation. No further action may be taken to exercise the power of sale until the completion of the mediation. If the grantor indicates on the form his election to waive mediation or fails to return the form to the trustee as required by this paragraph, no mediation is required.

4. Each mediation required by this section must be conducted by a senior justice, judge, hearing master or other designee pursuant to the rules adopted pursuant to subsection 7. The trustee or his representative and the grantor or his representative shall each attend the mediation. The trustee shall bring a copy of the deed of trust and the mortgage note to the mediation. If the trustee is represented at the mediation by another person, that person must have authority to negotiate a loan modification on behalf of the trustee or have access at all times during the mediation to a person with such authority.
http://renomortgagefraudexposes.ning.com/profiles/blogs/nv-ab-149-furthe...

5. If the trustee or his representative fails to attend the mediation, does not bring to the mediation each document required by subsection 4 or does not have the authority or access to a person with the authority required by subsection 4, the court may issue an order requiring a loan modification in the manner determined proper by the court.

6. If the grantor fails to attend the mediation, the court shall dismiss the matter and the mediation shall be deemed completed for the purposes of this section.

7. The Supreme Court or an entity designated by the Supreme Court shall adopt rules necessary to carry out the provisions of this section.

http://renomortgagefraudexposes.ning.com/profiles/blogs/nv-ab-149-furthe...

http://www.babelation.com/?q=node/1949

http://www.leg.state.nv.us/75th2009/Bills/AB/AB149.pdf

22.                According to U.S. website:

http://www.treas.gov/initiatives/eesa/homeowner-affordability-plan/ExecutiveSummary.pdf.

Helping Hard-Pressed Homeowners Stay in their Homes: This initiative is intended to reach millions of responsible homeowners who are struggling to afford their mortgage payments because of the current recession, yet cannot sell their homes because prices have fallen so significantly. Millions of hard-working families have seen their mortgage payments rise to 40 or even 50 percent of their monthly income.

a.   Providing Loan Modifications to Bring Monthly Payments to Sustainable Levels: The Homeowner Stability Initiative has a simple goal: reduce the amount homeowners owe per month to sustainable levels. Using money allocated under the Financial Stability Plan and the full strength of Fannie Mae and Freddie Mac, this program has several key components:

b.   A Shared Effort to Reduce Monthly Payments: For a sample household with payments adding up to 43 percent of his monthly income, the lender would first be responsible for bringing down interest rates so that the borrower’s monthly mortgage payment is no more than 38 percent of his or her income. Next, the initiative would match further reductions in interest payments dollar-for-dollar with the lender to bring that ratio down to 31 percent. If that borrower had a $220,000 mortgage, that could mean a reduction in monthly payments by over $400. That lower interest rate must be kept in place for five years, after which it could gradually be stepped up to the conforming loan rate in place at the time of the modification. Lenders will also be able to bring down monthly payments by reducing the principal owed on the mortgage, with Treasury sharing in the costs.

c.   “Pay for Success” Incentives to Servicers: Servicers will receive an up-front fee of $1,000 for each eligible modification meeting guidelines established under this initiative. They will also receive “pay for success” fees – awarded monthly as long as the borrower stays current on the loan – of up to $1,000 each year for three years.

d.   Incentives to Help Borrowers Stay Current: To provide an extra incentive for borrowers to keep paying on time, the initiative will provide a monthly balance reduction payment that goes straight towards reducing the principal balance of the mortgage loan. As long as a borrower stays current on his or her loan, he or she can get up to $1,000 each year for five years.

e.   Reaching Borrowers Early: To keep lenders focused on reaching borrowers who are trying their best to stay current on their mortgages, an incentive payment of $500 will be paid to servicers, and an incentive payment of $1,500 will be paid to mortgage holders, if they modify at-risk loans before the borrower falls behind.

f.    Home Price Decline Reserve Payments: To encourage lenders to modify more mortgages and enable more families to keep their homes, the Administration -- together with the FDIC -- has developed an innovative partial guarantee initiative. The insurance fund – to be created by the Treasury Department at a size of up to $10 billion – will be designed to discourage lenders from opting to foreclose on mortgages that could be viable now out of fear that home prices will fall even further later on. Holders of mortgages modified under the program would be provided with an additional insurance payment on each modified loan, linked to declines in the home price index.

I am again making request upon Countrywide/RECONSTRUCT COMPANY to immediately comply with the law, Federal and Nevada, and grant me the REQUIRED note modification including permanent principal reduction to a loan balance of $120,000, a permanent reduction of interest to 2.000% at a 30-year fixed loan, waive all alleged late charges accrued, waive all alleged fees related to Countrywide posting my payments as “unapplied,” waive any and all alleged fees relating to the note modification, and waive any and all other alleged fees and costs.

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By Greene on July 17, 2009 at 05:05 pm

Here’s e-mails of our Nevada Federally elected representatives’ Regional Representatives so that we can tell these elected representatives’ what we think about issues such as these.

U.S. Congressman Dean Heller @ Katie.Pace@mail.house.gov

U.S. Senator John Ensign @ Pam.Matteoni@mail.senate.gov

U.S. Senator Harry Reid @ Victor.Mercado@mail.senate.gov

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By Greene on July 27, 2009 at 04:42 pm

What’s written here is profoundly important.  The author is so correct.  I predict every title company is facing an onslaught of lawsuits for their negligence and fiduciary and agency failures in issuing title insurance on these illegal Trustee Deeds.

REPEAT

Every title company is facing an onslaught of lawsuits for their negligence and fiduciary and agency failures in issuing title insurance on these illegal Trustee Deeds.

RECONSTRUCT COMPANY according to the State of Nevada, Washoe County and the Cities of Reno, Sparks and Las Vegas, has NO business license NOR registered agent in Nevada. 

What RECONSTRUCT COMPANY is though is “ReconTrust Company, N.A. is a wholly-owned subsidiary of Bank of America, N.A.  Bank of America, N.A. Member FDIC Equal Housing Lenders” operating illegally in all 50 states.  RECONSTRUCT COMPANY is not only willfully and maliciously violating several breaking 50 state’s laws,

ReconTrust Company, N.A’s repeated willful and malicious failures to have required business liscenses,

ReconTrust Company, N.A’s repeated willful and malicious failures to have resident agents,

and ReconTrust Company, N.A’s repeated willful and malicious failures to follow and their counties and city’s laws,

ReconTrust Company, N.A.  are also willfully and maliciously violating Federal laws such as FDIC,

Statute of Frauds with ReconTrust Company, N.A. ’s repeated willful and malicious failures to only communicate in writing as required by Federal law,

ReconTrust Company, N.A. ’s repeated willful and malicious failures to follow Nevada Revised Statute Assemby Bill 149, http://www.leg.state.nv.us/75th2009/Bills/AB/AB149.pdf

ReconTrust Company, N.A.’s repeated willful and malicious failures to follow the Deeds of Trusts which is the ONLY authority to foreclose.

Same for MERS, illegally and unethically “Created by the real estate finance industry, MERS eliminates the need to prepare and record assignments when trading residential and commercial mortgage loans.”  MERS willfully and maliciously bypasses recordation!!

MERS FORECLOSURES

Mortgage Electronic Registration Systems, Inc. (“MERS”) is a proper party that can lawfully foreclose as the mortgagee and note-holder of a mortgage loan. MERS Membership Rule 8 provides required guidelines that must be followed when MERS is the foreclosing entity. Please click here to access the Rules of Membership, and reference the Rule 8 requirements.

In mortgage foreclosure cases, the plaintiff has standing as the holder of the note and the mortgage. When MERS forecloses, MERS is the mortgagee and it is the holder of the note because a MERS officer will be in possession of the original note endorsed in blank, which makes MERS a holder of the bearer paper. MERS will not foreclose unless the note is endorsed in blank and held by MERS.

The MERS Legal Primer provides a sampling of cases that address the standing of MERS to foreclose its mortgages. These cases are not meant to be an exhaustive list involving MERS but are merely to serve as a primer for the legal arguments.

BANKRUPTCY

MERS may file Motions for Relief from Stay and Proofs of Claim related to mortgages that it holds. Each MERS member, through its duly appointed MERS officer(s), is responsible to ensure that pleadings on behalf of MERS in bankruptcy court properly describe MERS.   The MERS officer(s) must also ensure that all necessary proof is attached to the pleadings to show MERS has standing at the time the pleading is filed. Please click here to reference MERS requirements.

MERS own Rule * requirements have that

“(d) In the event that the beneficial owner or its designated servicer

determines that foreclosure proceedings shall be conducted in the name of a party other than Mortgage Electronic Registration Systems, Inc., the servicer designated on the MERS® System shall cause to be made an assignment of the mortgage from Mortgage Electronic Registration Systems, Inc. to the person designated by the beneficial owner, and such beneficial owner shall pay all recording costs in connection therewith.

Get that, MERS own requirements are that

MERS RULE 8 FORECLOSURE

 

Section 1. (a) With respect to each mortgage loan for which Mortgage Electronic

Registration Systems, Inc. is the mortgagee of record, the beneficial owner of such mortgage loan or its servicer shall determine whether foreclosure proceedings with respect to such mortgage loan shall be conducted in the name of Mortgage Electronic Registration Systems, Inc., the name of the servicer, or the name of a different party to be designated by the beneficial owner.

(b) The Member servicing a mortgage loan registered on the MERSâ System shall be responsible for processing foreclosures in accordance with the applicable agreements between such Member and the beneficial owner of such mortgage loan.

(c) In the State of Florida, the authority to conduct foreclosures in the name of MERS granted to a Member’s Certifying Officers under Paragraph Three of the Member’s MERS Corporate Resolution is revoked. Effective June 1, 2006, the Member shall be sanctioned $10,000.00 per violation for commencing a foreclosure in Florida in the name of MERS.

(d) In the event that the beneficial owner or its designated servicer determines that foreclosure proceedings shall be conducted in the name of a party other than Mortgage Electronic Registration Systems, Inc., the servicer designated on the MERS® System shall cause to be made an assignment of the mortgage from Mortgage Electronic Registration Systems, Inc. to the person designated by the beneficial owner, and such beneficial owner shall pay all recording costs in connection therewith.

Section 2: (a) If a Member chooses to conduct foreclosures in the name of Mortgage Electronic Registration Systems, Inc., the note must be endorsed in blank and in possession of one of the Member’s MERS certifying officers. If the investor so allows, then MERS can be designated as the note-holder. vJune2009 Pg 26

(i)                 The Member shall not plead MERS as the note-owner in any foreclosure document; including but not limited to, the foreclosure complaint.

(ii)               The Member shall not plead MERS as a co-plaintiff in a foreclosure action.

(iii)             If the note is lost or cannot be located, the Member shall not commence a foreclosure action in the name of MERS, but rather must assign the mortgage out of MERS.

(b) In non-judicial foreclosure states, if the Member chooses to foreclose in MERS name under the power of sale provision in the security instrument and is not seeking a deficiency judgment, then the note does not need to be in the possession of the Member’s MERS Certifying Officer when commencing the foreclosure action; provided, however, that under no circumstances may the Member allege that the note is in their possession unless it so possesses.

(c) If the Member pleads MERS as the note-owner or as a co-plaintiff or commences a foreclosure in the name of MERS when the note is lost or cannot be located, it shall be considered a violation of the MERS Membership Rules and MERS may dismiss such

foreclosure action. Effective June 1, 2006, the Member shall be sanctioned $1,000.00 for the

first violation and $5,000.00 for each subsequent violation of this Rule.

(d) For all foreclosures conducted in the name of MERS, the member shall take all reasonable and necessary steps to avoid having Mortgage Electronic Registration Systems, Inc. take title to the applicable property that is the subject of a mortgage loan.  Mortgage Electronic Registration Systems, Inc. shall not be obligated to take title to any property that is the subject of a mortgage loan; provided, however, that if the Member so requests, Mortgage Electronic Registration Systems, Inc. may take title at the conclusion of the foreclosure sale upon prior written consent to the Member from Mortgage Electronic Registration Systems, Inc. If title is taken in the name of Mortgage Electronic Registration Systems, Inc., the Member vJune2009 Pg 27 shall take all necessary and reasonable steps to remove Mortgage Electronic Registration Systems, Inc. from title as soon as possible.

(e) If title is put into Mortgage Electronic Registration Systems, Inc.’s name and there is a violation of state, county or city codes or any other applicable regulation; including, but

not limited to, non-payment of tax bills, the Member shall be responsible to promptly take all

necessary action to prevent fines or judgments from being entered against MERS. If the Member

fails to do so, MERS may take such action and will sanction the member for all costs and

expenses; including, but not limited to, attorney fees.

So how has ReconTrust Company, N.A. legally foreclosed?  The answer is ReconTrust Company, N.A. hasn’t and ALL ReconTrust Company, N.A. ‘s foreclosures are illegal!!  And every title company is guilty of conspiracy, negligence, breach of fiduciary duty and breach of agency relationship.

 But then neither does Tyler & Associates, Inc. Professional Measurers used by The Home Depots in Northern Nevada to do The Home Depot’s estimates, have any records with State of Nevada, Washoe County and the Cities of Reno, Sparks and Las Vegas.  No business licenses or no sales and use tax registration does Tyler & Associates, Inc. Professional Measurers have.   

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By Greene on July 27, 2009 at 04:51 pm

Here's the link for making a complaint to FDIC https://www2.fdic.gov/starsmail/index.asp

and for FDIC Chairperson Sheila C. Bair communications@fdic.gov

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By Michelle on July 27, 2009 at 07:02 pm

You guys are the best!!!

Thanks for the information.....as usual top notch.

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By Carmen on August 28, 2009 at 05:58 pm

I agree with

In this era of bank bailouts (with taxpayer money), questionable multimillion-dollar bonuses to many bank employees, and home foreclosures, wouldn't it be "nice" if banks were forced to maintain the lawns and appearances (no broken windows, graffiti, weeds, dead grass) of these foreclosed homes?

The blight on a neighborhood is costly, not only in the monetary/property values but in the general demise of the mental health, if you will, of the community. The spiral downward is difficult to stop, and blight seems to beget more blight.

Communities in California, such as San Jose, Oakland and Pittsburg, impose fines up to $1,000 a day to banks that let repo homes fall into shambles. California empowers its cities with legislation to act on this problem. There are different funds to help code-enforcement workers do their job and trace the bank responsible for the home.

Wouldn't it be wonderful if the city of Sparks (which has only two dedicated, hard-working code enforcers) could follow suit? Even if it would take state legislation, it is worth a try. Your neighborhoods are dying before your eyes, and the bank is, well, the bank is laughing all the way to the bank.

In these difficult economic times, in Reno, Nevada, the Reno City Council very stupidly changed the law so that banks do not have to maintain the lawns and appearances (no broken windows, graffiti, weeds, dead grass) of these foreclosed homes!  Instead of imposing fines, revenue the City of Reno desperately needs, the double-crossing City of Reno Council Members give the banks more of a free ride!

Mayor
Robert Cashell
cashellr@cityofreno.com

At-Large
Pierre Hascheff
hascheff@cityofreno.com

Ward 1
Dan Gustin
gustind@cityofreno.com

Ward 2
Sharon Zadra
zadras@cityofreno.com

Ward 3
Jessica Sferrazza
sferrazzaj@cityofreno.com

Ward 4
Dwight Dortch
dortchd@cityofreno.com

Ward 5
David Aiazzi
aiazzi@cityofreno.com

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By Carmen on August 28, 2009 at 06:07 pm

Mayor

Geno Martini

Ward 1

Julia Ratti

Ward 2

Phil Salerno

Ward 3

Ron Smith

Ward 4

Mike Carrigan

Ward 5

Ron Schmitt

City Manager

Shaun Carey

1.                             Email the City Council Members of both Reno and Sparks and tell them to impose the same fines, $1,000 a day, on these banks and others that hold the title to the foreclosures.  The Washoe County Recorder Internet Access for free has the owner of record.

gmartini@cityofsparks.us; jratti@cityofsparks.us; psalerno@cityofsparks.us; rsmith@cityofsparks.us; mcarrigan@cityofsparks.us; rschmitt@cityofsparks.us; scarey@cityofsparks.us

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By Craig B on August 31, 2009 at 09:00 pm
Yes, consumers anymore are less likely to keep their opinions to themselves.
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By Craig B on October 05, 2009 at 03:47 pm

 I support currently in her third term as Reno City Councilperson, Jessica Sferrazza now and in her 2010 bid for Nevada Lieutenant Governor sferrazzajesica@yahoo.com.   The Nevada Lieutenant Governor job includes chairing the Nevada Economic Development Commission and Nevada Commission on Tourism, as well as presides over the Nevada senate and casts a vote in the case of tie, and fills any vacancy during the term of the governor.  The Nevada Commission on Tourism is composed of the Nevada lieutenant governor, who serves as chair, eight members appointed by the Nevada governor, and the chief administrative officers of the Las Vegas Convention & Visitors Authority and the Reno-Sparks Convention & Visitors Authority.

sferrazza4ltgov 316 California Avenue #3E Reno, NV 89509 775-750-2776   Nevada is ranked high by the FBI as a hot-spot victim of mortgage fraud.  That mortgage fraud has heavily hurt Nevada’s economy.
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By Joan Westin on December 02, 2009 at 02:36 pm

The home foreclosures are self-evident that the banks and lenders are terrorists as terrorism also refers to the public health consequences. Patriots actively promote the methods for prevention of the purposeful use of violence or threats of violence by groups or individuals who are engaging in the terrroism in order to serve political or personal agendas. Unlawfully removing someone from their home is an act of violence.

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