DOT COM
"THE website dedicated to help the victims from the practice of Theft of Equity"
Note: website constantly updated: use refresh often Posted: 01-10-2010
New postings will be added within next day !!!
on March 16, 2009, against 10 Defendants alleging, inter alia, conspiracy, predatory lending, theft of equity, & criminal enterprise! This is a must read for any mortgage holder as it details the proceedures many lenders are using. Updating is needed on what has transpired recently, please check back. Points for appeal to the U.S. Court of Appeals 02/16/10 Order to Show Cause response dated 12/14/09, to the Federal Court, Southern District, New York, regarding the Wells Fargo Defaults and challenge to the Fed Court Important 7 page letter dated 10/27/09, to the Federal Court, Southern District, New York, regarding the Wells Fargo Defaults (see letter below) - letter requests procedural clarification from the Court - requests de novo application (retry the issue of standing of the original foreclosure by Wells Fargo. This is a MUST READ for anyone who has been foreclosed on or is currently in defensive litigation. Read this important letter to the claimed attorneys for Wells Fargo, dated September 8, 2009. Hot! hot! hot! Important news story as reported in NY Times on 10/25/09 about a Federal Judge vacating foreclosure action and wiped out a $461,263 mortgage because lender filed a foreclosure on a property it did not own! This is a must read for anybody with a mortgage or who might be in trouble. Read most recent success story as reported in NY Times, about a Phoenix AZ woman who challanged Wells Fargo and won in bankruptcy court and gets to keep her home! And forced Wells Fargo to hold refinance sessions for 3 days in her community! |
How Congress can stop illegal foreclosures immediately |
Please read our Cover Letter first!
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We feel that it is our
moral obligation to create and maintain this Website,
as a warning, and a roadmap
for others to follow to raise awareness of
the many pitfalls that the current mortgagor faces, or could face in the
future.
We also request you and others to contribute information
and spread the word.
Please continue to check back often for the latest information.
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The methods, as stated above go way beyond Caveat Emptor (buyer beware)
because it is a matter of greed resulting from the lack of enforcement
of existuing laws on a part of the Federal Senate and House,
as well as various State, oversite agencies, committees,
some courts and lawyers acting in collusion with the lenders
to help themselves to illgotten gains.
They are doing these things, because they know they can get away
with it!
| Many, like us, foolishly believed, up to recently, that we were being protected. Why would anyone think that financial professionals would risk treasure and liberty in the illegal and morally deceiptful pursuit of someone else's wealth, resulting in the ruination of others financial security through foreclosures, and even bankruptcy. Many have lost everything, and others are on the brink. Even with the national focus on the extensive damage to the financial industry on a national and worldwide level, nothing has or is seriously being put forth to save the individual homeowner from this national disgrace. We were assured that accessing equity in our property, as many were being encouraged to do, was a safe method of using the equity that they have built up and earned over an extended period of time. In our case we were told that because we were moving out-of-state that we could not or it would be difficult to get a bridge loan and we were encouraged by no less than three banks in two states to access the rather large equity in our home to finance the purchase of our new home while we were selling our existing home. And thus began our descent down the slippery slope to financial hell. |
| A most disturbing and striking example is
our 27 page single spaced letter delivered last Fall, September
2007, to
Senator Christopher Dodd, Chairman of the
Senate Banking Oversite Committee. In that letter we detailed many
abuses that were done to us including predatory lending, bait and
switch, fraudulent documents, extra mortgages, and a obvious and
continuing attempt to force us into foreclosure on a mortgage which
they admitted had been paid and satisfied. This pattern of abuse that
could hardly be limited to us was ignored by Mr. Dodd, and his
committee who did not even bother to acknowledge or communicate with us
what-so-ever, even though we sent the letter delivery confirmation that
proves they actually did receive it. We also, in the same letter,
warned Mr. Dodd, one year ago,
that the unchecked greedy, abusive
behavior of the financial industry, especially in the area of mortgages
and credit card interest rates would negatively impact the whole
economy. Please be sure to visit the above link.
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has the ultimate control over the National Lenders
The Federal Office of the Comptroller of the Currency is the oversite
agency that is at the top of the food chain.
No other agency has higher authority. If they
won't look into any complaints or alleged violations, as shown below,
then the national lenders are clearly operating outside of the law,
hence "The Outlaw Lenders", a term, we believe is well defined and
earned.
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Since the state attorney general's offices cannot enforce state or
local laws against Federally Charted Banks, your state government
cannot protect you. Several years ago, New York State Attorney General
Elliot Spitzer's investigation into some of the national lenders,
including Wells Fargo, for some of their activities, was blocked when
the lenders, JOINED by the OCC got a Federal injunction and stopped his
investigation.
| You must see their
response to the copy we sent the OCC of the
Dodd letter, where
the OCC incredibly wrote to us that they will not get
involved in situations where any complaints could
lead, or are invoved in litigation. Hence there is no
oversite on any of these national lenders by the OCC. All they will do is decline to investigate, even if
documented illegal activity is shown, so therefore they are allowed to
operate outside the State and Federal laws.
Again, check our Web page about about the OCC
and their frightening written response to us.
| regarding FAQs (Frequently asked questions): Generally, no. The OCC examines national banks to ensure their compliance with specific statutes within our delegated authority. The OCC cannot intervene in matters that are in or pending litigation, or that have been litigated. We are not authorized to review the merits of the judicial decision. According to Federal law, results of examinations are considered confidential. The OCC cannot release any information relating to any supervisory actions or regarding whether a violation of law or regulation occurred in connection with your complaint. However, you can look for two kinds of information on our Web site, www.OCC.gov whether a bank is in compliance with the Community Reinvestment Act (CRA); whether a bank is subject to an enforcement action; http://helpwithmybank.gov/about/index.html What the OCC can do at: http://helpwithmybank.gov/faqs/other_occ_help.html#drop03 |
that oversees THE REAL ESTATE AND PROCEDURES ACT (RESPA) HUD's response to the Dodd Letter:
"Regrettably, under exising law, this Office is unable to enforce
complaints involving the Good Faith Estimate and HUD-1 Settlement
Statement."
| Be sure to see HUD's full and pitiful response to our 27 page letter to the Dodd cpmmittee. |
as required by law.
In a recent letter dated August 13, 2007, sent to us by the attorney
used at our refinance closing, that in response to the many questions
we had written inquiring what had happened to us. He stated the
following frightning admissions of what has happened, and happening,
within the lending community:
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"However, it is
very common for the lenders who held the mortgages
(not Wells Fargo) to
not send a satisfaction for recording
or to send one with an error on it.
As an attorney representing
sellers in real estate closings, I see this
arise in title reports
on a regular and continuing basis.
This is resolved by notifying
the new title company of the name, phone number, and title number
for the title company who issued the refinance. The new title
company sends the prior title company a request for something
called an ''indemnification letter.'' The prior title company
sends the indemnification letter to the new title company
promising to indemnifhy them for any loss that might be incurred
by them insuring the sale transaction. The prior title company
then generally follows up to see that the satisfactions are filed,
but the closing is not delayed."
Can you believe this! An admission by an Officer of the Court
of a common practice of
refinancing preventing you from having a clear title. This allows
the lender and their attorneys to hold up a closing or refinance
you might be doing.
Do you still think you can trust the lending
communiy?
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Since most of these lenders are
"national banks" state governments
have no legal jurisdiction as former
New York State State Attorney General Elliot Spitzer recently found out
while investigating these national lenders for predatory lending and
other practices which included Wells Fargo, when the national banks,
along with The Office of the Comproller of the Currency, in a joint
suit in Federal Court got an injunction blocking Spitzer's suit and
subpeonas for lack of jurisdiction and standing.
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Last Fall, the
FBI secured a 15 year sentence against an attorney
which stated in part: "In more than 70 instances, according to court
filings, and attorney's statements, Lawson acted as the closing agent
on home refinancings, then helped himself to the money
instead of
paying off the first mortgage."
For the actual Roanoke Times newspaper
story,
Click here
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It is not common knowledge that many lenders have bundled and
sold their commercial paper, original mortgages and notes and yet have
proceeded to file foreclosures, which if granted still
leaves the
original paper as an outstanding obligation
for further action at
a later time. Without a satisfaction of mortgage, a clear title
cannot be produced at closing and will block any sale, as we have
found, albeit too late.
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A Baltimore Jury awarded a plaintiff the above $ against
Wells Fargo as a defendant, for
for predatory lending practices.
You must read the horror story Kimberly Thomas went through
BY_GOING_TO_THIS_PAGE to get more of this incredible story. It could
happen to you.
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100,000,000 WILL PERSONS WILL BE ADDED TO THIS COUNTRY!! |
| You must see
OUR FIGHT AGAINST FORECLOSURE.
This is no joke, as it could and may have already
happened to you. Read about our two year battle
against Wells Fargo's foreclosure action where we have stopped them
cold through extensive litigation and the discovery of documents,
the legal statutes involved, and we have done all legal work ourselves
(pro se). | This sub-site also contains actual legal papers online with legal cites and is a virtual roadmap for self preservation. It also contains online letters putting various parties, including lawyers on notice for future legal action. This sub-site is a must read for any mortgage holder nowdays, as the abuses by the lenders is so widespread, that even though you may feel secure with your current mortgage and are not comtemplating selling or refinancing, or deeding it to your close relatives, you do not know who currently actually holds your original signed note and mortgage. When you find out, you may loose a sale. With us, it started out as a simple refinance procedure to purchase our retirement home by taking the over $350,000 in excess equity we had earned over 25 years of ownership and restoration. With a credit rating of 764 we were immediately approved, however at closing everything changed, we were given a take-it-or-leave it "consolidated" mortgage which was to be a completely new mortgage and note. The commitment letter called for the paying off of all prior liens and mortgages, which was done, however, while the original mortgage was paid off, Wells Fargo and the title company never filed it in the county clerk's record. Wells Fargo then foreclosed on that paid off mortgage, and with a series of decisions of the Putnam County Supreme Court in several instances by ignoring black letter law, allowed Wells Fargo and their attorneys to all but ruin us.
We filed on 03/16/2009 our 64 page single spaced, 327 paragraphs Complaint in the
Federal Court,
Southern District of New York, against those who have wronged us which
can be seen at
http://www.the-cri.com/FEDERAL.htm. Presently we are awaiting
judicial review, a legal requirement of the Federal Courts, and the issuance
of subpeonas.
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The following links should be read by any mortgager facing foreclosure.
Brian K. Korte Law Offices.
Their website has excellent information and help that every
mortgagor should, and must know.
In a foreclosure action, the plaintiff
must have actual POSSESSION of the
ORIGINAL note and mortgage
at the time the action was initiated.
Please see the above link, and this link to site of Brian K. Korte
Law Firm which has excellent information
http://www.briankortepl.com/lost_note
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Watch Dog on Wall Street
Chris Markowski | Email= Chris@minvest.com Phone (888) 454-4110 The
Foreclosure Angel Foundation
(https://foreclosureangelfoundation.com)
is a non-profit organization and
tax-exempt foundation
established to help struggling homeowners avoid foreclosure
on their homes.
| Address: Marilyn Mock, P.O. Box 265, Rockwall, TX 75087 Email= helpus@foreclosureangelfoundation.com |
| to be added
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Scott Webster (276) 728-5006 Email: TheOutlawLenders@SWVA.Net or CRI@swva.net and include "Outlaws" in the subject line if you use CRI. Not case sensitive. Please contact us if you are in a similar situation or
know someone else who is, and feel free to email this page link to any
other interested parties by copying
pasting the following URL http://www.TheOutlawLenders.com
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