Matt Weidner – Fighting With The American People

Posts Tagged ‘Foreclosure’

In a MAJOR Development a federal judge has blocked enforcement of the NDAA, the National Defense Authorization Act of 2012.

This is EPIC news and provides some hope that the Rule of Law and the Constitution are still alive (although clearly on life support)

At least for now, if I disappear mysteriously, my friends and family won’t be left wondering…

Did the US Government secretly pick him up and ship Matt off to a prison in some foreign land where he will be held indefinitely with no trial, no attorney, no notice, no anything…?

NDAA BLOCKED

I’m concerned that in a great many cases, the Plaintiffs are not at all being straightforward or truthful with the court or with anybody regarding who actually owns the loans they are using to foreclose and throw homeowners out into the street.

In far too many cases, they expressly assert that it doesn’t matter.

We get Motions to Substitute Party Plaintiff, Assignment of Bid and Post Sale Quit Claim Deeds.

This is all evidence of the larger and disturbing phenomena that the banks are lying to the court. Lying to everyone.

But as we see with the Pino arguments before the Florida Supreme Court, no one, not even this state’s highest court, seem to care about punishing any of the banks or the foreclosure mills for any wrongdoing…..even gross and documented wrongdoing.

So What Kind of Nation Is This When There is no punishment for wrongdoing?

And why should anyone follow laws or respect our nation’s legal system if the biggest and most powerful that walk high above us do not?

From The Story:

A suburban West Palm Beach foreclosure case has even bank employees confused, with internal emails that question whether the wrong entity is repossessing the house – but that then decide to move forward anyway.

Bank attorneys now want to purge the court file with the messages, which were filed mistakenly. The emails also mention trying to avoid mounting community association fees.

“I think the emails basically say the plaintiff doesn’t own the loan, and it belongs to a different lender,” said attorney Peter Snyder, who is representing Abby Lopez. “It may be Bank of America, or Bank of America could just be the servicer. That’s where it all gets crazy.”

Homeowner advocates say the three email exchanges exemplify one of their biggest concerns – that the wrong bank will take their home.

The concern arose when boom-time loans were repeatedly bundled or broken into pieces and sold by the original lender to trusts, investors or other lenders. As a result, a bank may be responsible for collecting payments and daily loan oversight, but not be the true owner.

PALM BEACH POST

Servicers of Fannie loans are subject to new requirements regarding liens for delinquent HOA dues for PUD and condo properties acquired through foreclosure.  If a servicer is notified by an HOA that the borrower is more than 60 days late with their payments for a PUD or condo project and/or any charges levied by the HOA, the servicer must advance the necessary funds so as not to compromise the Fannie mortgage lien.  This advance can be reimbursed; the time limit depends on the state.  Servicers should also clear any property liens for delinquent HOA dues and assessments on acquired properties no more than 30 days after the foreclosure sale or acceptance of a deed-in-lieu.  Should the HOA refuse to release its claim of disputed lien after “reasonable efforts to reach agreement,” the servicer should get in contact with Fannie’s legal team.

HOUSINGWIRE

From the news report:

When KMBC investigated the case, a spokeswoman for JPMorgan Chase had a response.”We made a paperwork mistake when the property was sold, which resulted in our service partner changing the locks and winterizing the property to ensure its security,” the statement said.

Remember America….if the banks want to kick down your door, take your property, ignore the safety of the community and their own “service partners”, that’s OK.

They’re allowed to make “mistakes”. They’re allowed to repeatedly make “mistakes”.

And dare not you try to confront them or hold them accountable, lest you find your neck firmly under the heel of the boot.

That this happens again and again and again with no penalty is further proof that this formerly free nation has slid into dark and treacherous tyranny.

We are not safe and we cannot count on our nation’s laws, or judges or law enforcement to protect us from these violent and dangerous incursions.

Bank of America, along with all the other banks are pushing our courts to throw America taxpayers out into the street…why? Part of the reason is they want to collect the easy money they get from the federal government….(that’s you and me the taxpayer by the way) another part of the reason is they want to sit on the homes and leave them dilapidating into states of disrepair.

An elderly couple, who worked their entire lives and who operated a small machine shop, were chased out of this perfectly fine home about three years ago.

The home has sat vacant and abandoned, with no power on for years. The attorneys handling the foreclosure had no authorization to entertain any purchase price…not any price…and when the home finally went up for foreclosure auction six months ago, Bank of America would only accept the full judgment price….nearly $200,000.  Cash buyers were prepared to pay the fair market value for the home, but the bank would not accept any price….instead they let it conclude with a foreclosure sale.

I keep watching it, wondering when a realtor might put a sign in the yard, wondering when some family might move in, but six months later and there’s not even a sign.

And so the home just sits, untold tens of thousands more, vacant and abandoned, rotting away more and more each day.

Oh sure, a property preservation company comes by every two weeks.  They pull a neat trick where they mow one strip of the grass so they can take the picture, submit that to Bank of America who in turn bills Fannie Mae for mowing the entire yard. (Incidentally, that’s you and I paying to cut an entire yard when in fact only a few fraudulent strips of grass are snipped.)

This is what your country has become.  We use state and federal taxpayer dollars to throw the poor and old people out into the streets so that the banks can collect still more federal dollars when they have them thrown out onto the streets.  Then we pay the banks and their property preservation companies to not do the maintenance work.

At some point in time, one of the maintenance companies will get around to submitting all kinds of false bids to do construction work that is not required, but they will contract for that work and they might actually do that work.  They won’t be licensed and all of that are criminal violations, but no one cares to hold anyone accountable for that either….

No one is in jail and no one cares to do anything at all about this.

And the elderly couple that left in shame?  Well, they are devastated, destroyed, beaten down and embarrassed. We did this to them. We destroyed this couple.

Every single one of us played our part.

Let’s all thank ourselves for the part we each played in their destruction.

I don’t have a court reporter at every hearing and I don’t order every court transcript, but sometimes you leave a hearing wondering…..

What? Why? Huh? What Just Happened In There?

The procedural posture of this case is clear…I got the case dismissed. And after you get an adverse ruling you’ve only got ten days to rehear or 30 days to appeal……that’s it. And so I’m really scratching my head about why this Plaintiff want to keep this dead case alive….

But I don’t let it drive me crazy…maybe I’ll let them get a Final Judgment of Foreclosure….on a case where the court lost jurisdiction in November 2011….but just read this transcript…..

And let me know what you think…..

MR. WEIDNER: Yes, sir.
2 THE COURT: It says, The action is dismissed
3 without prejudice. Motion is granted.
4 You’re going to write this on there, then, all
5 right? The Plaintiff –
6 MR. WEIDNER: Are we giving them another shot
7 at it, the fifth?
8 THE COURT: Yes. They are getting ten days.
9 They’re getting ten days to do it. I’m sorry.
10 That’s the rule. You said it’s dismissed without
11 prejudice.
12 MR. WEIDNER: Right. So that just means that
13 they get to refile the case. The action is the
14 case. They failed to comply with the Court’s
15 ruling. The only basis for the Court –
16 THE COURT: This matter wasn’t supposed to be
17 in front of me so I’m letting them do it. Okay?
18 I’m going to let them do the rehearing and then
19 we’ll hear it.
20 MR. WEIDNER: This is — will be the, I’ve
21 lost count of the number of rehearings.

BAC Home Loans v. Farmer, Jr. 050112 Hearing