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04-16-10 Rule Of Law
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Eddie has the first hour off. Steve Skidmore (Endless Fraud Detection Services) joins Randy (Remedies In Real Estate) and Deborah to talk about mortgage issues [at 0hr06m]. Steve, like Randy, operates his own mortgage business. Steve is well informed about recent court wins. Steve speaks about “bifurcation” (separation) of the promissory note and the deed of trust (the lien document). He discusses the never-overturned 1977 case of Carpenter v Logan in which court ruled that the note and deed were “inseparable”. Randy defines “security instrument” [at 0hr12m] and discusses the Landmark v Kessler case. Steve says many cases dealing with the private Mortgage Electronic Registration System (MERS) are relying on Carpenter. [NOTE: For instance, a California court held in a May 20, 2010 case, In re Walker, that “MERS had no interest it could transfer to Citibank. Since MERS did not own the underlying note, it could not transfer the beneficial interest of the Deed of Trust to another. Any attempt to transfer the beneficial interest of a trust deed without ownership of the underlying note is void under California law.” The judge cited the Landmark v Kesler, In re Vargas, LaSalle Bank v Lamy, and In Re Foreclosure Cases.] Randy and Steve discuss recent mortgage qui tam cases. Many mortgages have a MERS problem. MERS has no legal interest in mortgages. This is huge.
Michael (MD) asks [at 0hr37m] about letters supporting the micro-broadcasters. Deborah stress that these letters only pertain to radio (not archive) listeners and says there is now a trust for the Austin micro-broadcaster to give listeners beneficiary legal (co-plaintiff) standing. Michael also asks why the insurance companies are asking questions about the real estate fraud. A: It hasn’t been an issue and everybody has been profiting. Besides, the banks don’t care if the borrower defaults, because they’ve already been paid back. Steve says that predatory lending “dug its heels in” with the passage of the Gramm-Leech-Bailey Act (which repealed the Glass-Seagel Act) and peaked in 2006-2007. Michael’s refinance in 2005 suggests that major fraud occurred. Randy: look at page 2 of your HUD-1 statement and look for extraneous fees. Michael recommends Neal Garfield’s “Living Lives WordPress” website and Steve concurs that there is a lot of good mortgage information to be found there.
Eddie joins ROL for the second hour. Carlos (CA) asks [at 1hr05m] how to raise certain issues (e.g., where the money comes from, credit swaps) in court. Randy wants to find technology to uncover where the mortgage documents have been. The judges seem to be filing briefs telling the plaintiffs to raise the right issues so that they can rule for them. A discussion of the current predisposition of the politicians and courts ensues. Steve mentions that Wells Fargo was sued in The Hague for international security fraud. Randy claims the real estate market is in freefall. Carlos says he found a great pleading from a high-powered attorney and wants to know if he can plagiarize it. A: Yes. Carlos wants to know why Wells Fargo did not answer his questions (“Are you the holder in due course?”) Randy notes that the case of Tweel v U.S. is often misused. The holding in Tweel states that in an administrative process if Party #1 makes a demand on Party #2, it invokes a duty to respond to Party #2’s inquiries concerning those demands.
Keith (TX) says [at 1hr33m40s] he went to a school of radio and television broadcasting, was promised a job upon graduating, but the school went bankrupt. He had obtained a Sally Mae school loan. Keith is jobless and wonders if he can sue Sally Mae. It is suggested that Michael Mirras is the person to whom Keith should contact.
Sam (TX) says [at 1hr40m30s] he had a similar situation with a trade school as Keith just reported.
Dennis (TX) tells [at 1hr53m10s] about his traffic court appearance in which the judge demanded a guilty/not guilty plea and threatened him with a warrant if he did not. Dennis noted that warrant concerned court appearances and he was already in court and would promise to appear again if need be. This conversation took place outside of the courtroom in the hallway. Randy says that Dennis should (a) file a judicial conduct complaint against the judge for tampering with a witness, (b) file a tort letter with the city (or county) claiming that the judge tried to unduly influence a witness in ex parte hearing in order to intimidate Dennis so that he would waive his rights, and (c) prepare a criminal complaint against the judge for tampering with a witness and take that to the district attorney (and on up to the district judge and grand jury). Eddie chimes in that an information is still required for a plea to be entered.
Craig (OH) adds [at 1hr57m30s] (briefly) on federal student loans.
HOUR 1 & 2
Steve Skidmore and Randy discuss mortgage issues.
“Show me the wet ink signature note” is good. There are other avenues of attack including bifurcation (separation of deed of trust from the mortgage). 1972 Carpenter vs. Longan 83 US 275, says note and mortgage are inseparable. Security instrument ties property to note. If they are separated, there is a fatal flaw.
A note is turned into a security instrument that is sold to investor that packages these, and shares in the package are then sold. The lien document, the deed of trust, don’t move with the packaged note.
The original lender gets consideration when selling note to investors. The original lender keeps the lien document. They have therefore been bifurcated.
Some Washington State courts have said they both always move together.
There is a qui tam movement going against Mortgage Electronic Registry Service for not filing change of note ownership with county recorder. These cases are in Tennessee, California, Nevada and allow a person to sue on behalf of government and to get part of the judgment. MERS is not the holder of the instrument, they say they are the nominee.
Those who are current on their note are in the best situation to go after the lender.
37:10
Michael in Maryland.
Question: Regarding letters to Austin micro-broadcasters providing a public service to those listening to the radio.
Answer: Only write letters if you can hear the station over the air. Template letter is on website.
Funds for the micro are in a trust. Those who sent letters are beneficiaries of the trust for purpose of suing and everyone having standing to be co-plaintiffs.
FCC can’t regulate intra-state radio.
Question: Why are mortgage companies allowed to do this fraud without government stepping in?
Answer: Everyone thinks banks help people achieve “a wonderful life” and everyone is making money. Lenders intend for the notes to default. Everything changed after they began securitizing notes.
Question: If person will be moving in two years, should they begin process of going after lender?
Answer: Yes. Gramm–Leach–Bliley
in 2000 repealed Glass–Steagall act. 2006-2007 is when predatory lending peaked.
Look at page 2 of HUD 1 statement which lists all fees paid at closing. Look for junk fees paid to lender. Those are fraud.
Going after lender for fraud could only take 3-4 months, in some cases. If you are current on mortgage, going after lender will not cloud the property.
Question: Do you like Living Lies
blog?
Answer: Steve says yes. Neil Garfield.
64:47
Carlos in California.
Agrees with Neil Garfield.
How to bring up the mortgage fraud issues in court without the fraud being minimized.
Politics is moving against the lenders. Provide judges with what they need to rule in your favor.
Deborah tells story about judge ruling in favor of Willow and how judges are waking up on their own.
Randy tells story of judge in Michigan who lost 35 of 36 houses. Says she is not happy.
Randy and Steve tell other stories of judges helping.
Steve says Wells Fargo is being sued in The Hague for securities fraud.
Randy and Steve work for different firms. They share ideas and use different ideas to attack the same problem.
Carlos found complaint pleading that hammers the banks. Can Carlos use it?
Randy says when pleading is filed, it is part of the public record and can be used.
Carlos asked Steve why Wells Fargo doesn’t answer his letters about securitization and holder-in-due-course?
Wells Fargo was not holder-in-due-course. Servicer only collects payment and disburses those payments.
93:15
Keith in Texas.
Student loan to private school which has gone bankrupt. Can’t find job and Sallie Mae wants their money.
Deborah says student loans can not be cleared by bankruptcy.
Loan modification offer over the phone can not be believed until it is in writing.
Michael Mirras may be able to offer some help.
100:22
Sam in Texas.
Student loan question about going after the school. School still exists. Teacher was rarely there.
Lawsuit against school may work if you are pro se and the school is paying a lot to defend the lawsuit. If the suit can damage the reputation of the school, they may settle. You don’t have to win every claim in the suit, just make it expensive for them so they will be likely to settle.
113:02
Dennis in Texas.
Municipal court traffic issue. Judge met caller in hallway and send the person must first enter a plea before anything else. Judge threatened to issue warrant.
Randy says to file criminal charges against judge with DA for tampering with a witness. If DA doesn’t take it, go to district court with charges against DA. Then go to grand jury with complaint against judge.
File a judicial conduct complaint. Send tort letter to county claiming judge had ex-parte communications to intimidate and get you to waive your rights.
Eddie says he has a brief on why a citation is not a valid complaint. An information is still required or the court does not have jurisdiction.
117:31
Craig in Ohio.
Provides information about debt collection with federal, FFEL, student loans.