ML-Implode Exclusive: Foreclosure Expert Mildred Wilkins Blasts Industry in “Fraudclosure” Report
Questions…questions…..questions…
- What is the significance of the revelations related to the foreclosure crisis in the broad scope of things? In your life?
- What conclusions might you draw? And what actions are warranted on your part?
- If you are in default, can the consequences be minimized? Avoided altogether?
- Are there legal options available to you? Do you know them? Might pro se
representation work for you? - Does failure on the lenders’ part to follow applicable laws provide an opportunity (weakness) which strengthens your position?
- Have you gathered the facts you need to support your desired outcome?
Massive Cover-Up Necessary to try to Hide the Cloud on Titles Robo-signers.
Lost note affadavits. Rocket dockets. Foreclosure Mills. Documentation ‘production’ plants. Stalled loan modifications. Outright lies about why modifications have not been occurring. Trickeration to get consumers to default so foreclosure would
be possible. Perhaps even an Interpol arrest warrant for Wikileaks founder Julian
Assange—not because he disseminated thousands of pages of government documents but because he promised to divulge thousands of page of bank documents.
American ‘banksters’ are desperately seeking ways to continue the massive cover-up of a reality which is almost too much to comprehend—they have taken actions, beginning with the creation of MERS—which have completely undermined the ownership of real property in the United States. No one whose mortgage has been securitized since 1995 can be certain of the validity of their deed. No one. Read that again, if you need to.
Then read these supporting articles:
- “Bofa Mortgage Mess Deepens on Promissory Note Issue” (Bloomberg)
- Foreclosure Fraud, “Bofa Dissolves Its Own Lawyers Argument in Fumbled Mortgage Case”
- “A Full In-depth Report on Fraudulent Mortgage Assignment” by
Todd Ruger—Herald Tribune - “Will the MERS Exam be a Whitewash” Nov 18, 2010 Wall Street Journal Blog
- Numerous other stories and articles at www.4closurefraud.org
THE REST OF THE STORY
Now read the rest of this report to understand WHY title is clouded and why financial institutions have gone to such lengths to keep YOU, the general public from understanding the implications of their actions which have been exposed since September of this year.
What’s At Stake?
Everything. Literally.
E-V-E-R-Y title in the United States.
E-V-E-R-Y bank in the United States.
E-V-E-R-Y retirement account which invested in mortgage backed securities.
Property values will plummet to depths none of us even want to think about.
Put-back requests for most of the mortgages sold to investors in the past fifteen (15) years are possible once the full import of the revelations such as the sworn statement of Linda DiMartini, a supervisor and operational team leader for the Litigation Department Of BAC Home Loan Servicing, testified in the foreclosure case of John T. Kemp that it was “customary for Countrywide to maintain possession of the original note and related documents.” This bombshell revelation totally changes the landscape with regard to both consumer challenges to the legal standing of plaintiffs in foreclosure lawsuits across the country as well as creates some strong evidence for investors who are preparing and submitting put-back requests at a speed only slightly slower than they bought the ‘hot potato’ mortgage backed- securities in the first place. There is no longer a plausible defense for why you can’t produce a note since we have been told that as a standard practice, most lenders kept the original notes which should have been placed in trusts in their possession just as Countrywide has testified.
The systemic risk that has been tentatively mentioned in recent congressional hearings is already a reality. The possible (and probable) collapse of more than one of our largest institutions is imminent. I am sorry to say it does not matter how you feel about this statement or whether you agree. An analysis of the available facts clearly point to an unavoidable day of reckoning. None of our largest US banks are solvent enough to:
- Cover put-backs at epic numbers for misrepresentations of ‘warranties and
representations” - Manage the holding costs of foreclosures delayed—for years–due to their inability to prove ”legal standing” to foreclose
- Manage without the excessive fees gained from foreclosing
- Manage without the insurance payments once the foreclosure has been completed
- Manage without the revenue stream from force-placed insurance provided by their affiliated insurance company and other ‘tacked-on’ services which they utilized
- Manage to pay all the recording fees which are legally due to recording offices
across the country moving forward –they certainly cannot afford the billions they
have already avoided paying which are still due - Cover the cost of maintenance on millions of already foreclosed properties once municipalities start to use current laws to force the lender (not the former owner) to cover the cost of upkeep
- Retain loans which are unsecured on their books with no true recourse to either demand payment nor foreclose
- Afford the onslaught of class action lawsuits for wrongful foreclosure with
astronomical legal costs and ultimate damage awards - Bear the brunt of the coming rebellion which will lead many ‘former’ law abiding citizens into strategic default because there is no other reasonable recourse
By Any Means Necessary
The mortgage mess, housing crisis, bankster screw-up—whatever you choose to call it—is – at it’s core, an outward manifestation of the BIG Cover-up. The biggest cover-up our nation has been subjected to in our history. At the core, all the revelations related to wrongful foreclosures hinge on the need to cover up the fact that most of the titles in the United States are ‘clouded’, as in, NOT clear. No clear, traceable link from one entity to the next to the next.
Certainly any mortgage which was…
- Registered with MERS, and/or
- Sold as a security
must necessarily be suspect as clouded because of how they were transferred based on recently revealed bank practices. IF those titles are clouded, can we trust the lenders who created the ‘cloud’ through their failure to follow legal procedures were handling other titles appropriately? Really? You wanna bet your house on that? Didn’t think so.
Be patient and ready to let soak in the gravity of our national issue. We are a nation facing the total unraveling of property transfers—both past (wrongful foreclosures) as well as any pending or future transactions. Unless and until we understand this reality, then demand a halt to unlawful practices while simultaneously resisting the bankster PR to continue in denial, we delay the difficult task of restructuring our entire financial and property rights system. It will be an overwhelming task and will take years. The sooner we get started the better for all parties but the banks. A collapse of the American financial structure, as we know it, is not likely to be averted, at this point. There is still the choice of a strategic collapse with some safe guards in place while we work on the mess (perhaps government management of financial institutions (I know, that is scary too). The other choice is to let nature continue to take it course without strategic intervention because to do so we would first have to acknowledge that we have allowed our banks to govern themselves for too long and they did what any self respecting two year old would have done—tore up everything and blamed his brother—totally forgetting that he was an only child.
Americans are being forced to become educated about the intracities of real estate transactions in this country. The foreclosure problem five years ago was largely viewed as “someone else’s” problem, “not an issue here”, “that’s tied to lower income folks” and numerous other illusionary expressions which all reflected a lack of understanding that we are all tied together as a nation by the strength (or weakness) of our real estate market.
When I taught (FIS) Foreclosure Intervention Specialist training in the spring of 2006 in Denver the classroom was filled with approximately 75 REALTORS. They wanted to learn how to effectively do short sales as a way to make more sales (I was teaching it as a way to help consumers avoid foreclosure). Many of them signed up so they could get the Continuing education credit and wanted to have another certification they could flaunt. Most did not agree that Colorado was facing a serious foreclosure problem. Fast forward to November of 2006 when I returned to provide the same 5 day series again and now there is national recognition that Colorado is leading the country in foreclosures. Attendees are much more in tune than the first group since they now are starting to see the impact among family, friends and even some of the attendees themselves. Same story in Charleston, SC as late as the fall of 2009, the illusion among real estate professionals that ”we are a high income/high property value area therefore we are somewhat immune to the foreclosure mess”. Total lack of recognition that the crisis was knocking on all the windows and the back door.
Further to my comment of 9 August 2016, unlike the old Bank Rate system with its high interest rates, Quantitative…
Comment by Jean E. Allan on 20 December 2010:
My family’s saga is being told on nhjustice.net. It is a very ugly story about how a small state has been captured by big financial interests, and has used the ‘color of law’ to take private property from the average citizen and turn it over to the large financial/business interest. In our case, the State overtly took $100,000, but there may have been more trading that we are not aware of.
Today, I am schedule to have a competency hearing. The State’s Office of Forensic Examiners found me not competent because I essentially reported exactly what you are reporting in this paper. The only difference was that I used the specifics of my case. And, the names are very well know. And, on is about to get the medal of freedom award for his assistance in the 2008 bailout of the banksters.
Thank you for continuing to write on this issue. Individual citizen families cannot fight the foreclosure fight alone. We continue to pray that some authority will intervene on our behalf. Perhaps I will know more after 1Pm today. That is the time of the competency hearing.
Sincerely,
Jean E. Allan aka Jean E. Allan Sovik
Pingback by Fraudclosure Report | “The Title Crisis: Clouded at the Core” « Foreclosure Fraud – Fighting Foreclosure Fraud by Sharing the Knowledge on 27 December 2010:
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Comment by marilyn lane on 27 December 2010:
For anyone who has had their property fraudulently sold, they have another battle to fight – that of the Title companies that insured the forged deeds.
After having Astoria Federal S & l ,Successor in Interest to Fidelity NY FSB state in New York Supreme Court in front of Judge Alice Schlesinger, Its Indemnify, Indemnify Indemnify , we are stepping aside and the title coompanies are stepping in.(Astoria Federal with corrupt debt collector attorneys Mullooly, Jeffrey Rooney & Flynn auctioned off my two NYC condos to straw buyers without even owning my two properties.
Fast forward – The Bank got rid of these corrupt attorneys MJRF and has new attorneys. At that point when the banks new attorneys said it’s Indemnify , I should have been given back possession of my two condos.
Instead corrupt attorney Thomas Malone for Fidelity National Title and corrupt attorney David K Fiveson of Coronet Title did not want to indemnify the forged deeds they insured but wanted to be Intervenors instead and be heard and what they told the court is time makes forged deeds good.
FORGED DEEDS CONVEY NO TITLE AND HAVE NO LATCHES.
The Title Companys , Judge Alice Schlesinger of NY Supreme Court, and I all know there is no “equity” in a forgery.
With the fraud being discovered at William P Foley’s (CEO) Fidelity National Title ,Fidelity National Financial and Lenders Processing Service (DOCX) the title attorneys statement to Judge Schlesinger “we have equity”,
only meant there was money under the table for the judge and Judge Schlesinger said to me, “it doesn’t look good for you” and she ruled against the law.
Judge Alice Schlesinger perpetrated Title fraud with Fidelty National Title and Coronet Title.
I am the true owner of apts xx and xx at xxxxxxxxx and I will continue to pursue to get possession of my two condos.
Comment by Michael Haltman on 27 December 2010:
Hi Mildred:
Great article on the title crisis. I am giving a CLE class on foreclosures and title and in my research have found what you are saying regarding MERS, securitization and standing to foreclose.
My read is that the new owners of the homes who bought foreclosures or REO’s probably won’t be thrown out avoiding a claim to the title company. The original homeowner, although delinquent and subject to a legally done foreclosure, may have a claim against the lender who foreclosed illegally and took their house.
It is somewhat confusing unless I do a flow chart, but in your opinion who is going to be held culpable including the referee. Thanks.
Mike Haltman
Comment by mike on 27 December 2010:
Great article but you miss real valid arguments. 99% of the notes are unenforceble if transfered correctly into the trust. Why?
)1 Because once the notes enter into the REMIC they are no longer notes but have been converted into bonds. Once done, they can not be undone.
2) Likewise the mortgages/DOT also need to transferred, assigned and recorded at the local level in order to get into the trust. The problem is the trust can’t hold assets or they lose there IRS tax free status and their ability to be bankruptcy remote.
What you have here realy is the sale of unregistered securities to unknowing investors (homeowners). The banks and securities underwriters knew this all along and that’s why nothing was ever transferred and they used MERS to hide it all.
Let’s follow the rabbit further down the hole. When a homeowner makes a payment that payment was never truly credited on the books of his loan. Why? Because the money was paid into a pool(trust) where the bonholders were paid in their tranches. This why they will not and cannot produce the loan level files.
On top of that you need to also factor in the over$ 7 trillion dollars in bailout money the FED(foreign owned) gave out and the billions of dollars the FDIC bought back of MBS from all the players. Also, the CDOS, CDS, insurance money that has already been paid off.
There is no money owed and their is no clear title! How do you fix that mess?
Iit is FRAUD from the creation at every juncture of the game and all the players are complicit including thegovernment for the coverup.
Comment by John R. on 27 December 2010:
This is directed to Michael Haltman’s question. As I’ve read it,if fraud was used in a lawsuit, and then, post judgment proved, then the original lawsuit is deemed VOID ab initio…. (or “at initiation”)that means it’s as if the judgment was never rendered! Ergo, the “new owners” own nothing! How could they? They were, after all, only a part of a fraudulent scheme. And the correct procedure for the “victims” who originally lost their homes would be to submit a motion to vacate a void judgment and once ruled on, to file an eviction notice. Woe befalls those who participated in the fraud, the buyers & the sellers of the illegally foreclosed on property.
Comment by Blanche Dubois on 16 January 2011:
I read the article with great interest although I am already familiar with this mess. However, great as the information may be, it still doesn’t answer any questions. For example, here’s my predicament:
1. I refinanced my mortgage in Nov. 09 with BofA. At the time of the closing, I was provided with blank copies of all my docs. Shortly thereafter, I received a notice telling me that they had already shuffled the mortgage around to someone else. When this mess hit the public eye, I started to track my papers but to no avail. My payments are going to (what seems) is BofA and I’m receiving statements from what seems to be BofA. I requested a copy of my Deed and Note and, instead, received a copy of my appraisal report which tells me that they don’t have the original documents. I hold a recorded Deed, Note and Title from Chase (my prior mortgagor) but have not received the discharged papers from them either. So what does that mean? What am I supposed to do? Where do I start looking? What are my options? Coincidentally, my mortgage is in good standing and I’m in no danger of losing the home that I know of.
Comment by clark on 24 September 2012:
Lots of fraud folks. Many of the crooked attorneys who foreclose very homes are financed by the mortgage companies they foreclose for. Many of the judges are taking bribes thru their homes also being financed multiple times and then paid off by robo signers. Basically check the records they’ll get loans totaling $200,000 up to millions on the same home some show 2-3 loans a year. The loan is quickly paid off, a few months later they’re given another loan. No one can do this, but they can. The government doesn’t inquire about a fat check like this. They walk away with big bribes to go against borrowers no matter even though they know it’s a fraudulent loan. Many of these attorneys and judges allegedly make no house payments.
Their income would not sustain this but they have been also trustees for predatory lenders also and trustees for home improvement companies that defrauded borrowers which turned into predatory loans. This is how they proved themselves worthy to be judges and hold a license to defraud the borrowers. This has been going on for years. They are being paid by the title companies and banks to do this folks. This is a big network all the attorney bar associations want to keep the crooks on the bench. This the very reason when folks have been defrauded by mortgage and title companies most attorneys refuse to take the case or if they do take the case won’t fight and just take clients money. They know what will happen if they challenge the crooks, they won’t ever win another case in court. This thing is sinister folks, but true
Comment by Mike Libera on 27 December 2013:
I am involved in several loans with Ocwen as servicer. They have unbelievably sent me copies of bills they have submitted in my case (one for a property already sold at auction to them; one which they refuse to sell despite my many requests to do so)which total over $30,000 for two BPO letters, which normally run around $100 apiece. Clearly they’re milking somebody – I guess the taxpayer. Isn’t anyone watching these thieves?