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Foreclosure Defense FloridaGeneral Information

The 49 State AG Mortgage Sellout Of Amerikans, Interim Report On Just How Badly We Got Sold Out

mortgage-sellout-handbook
The Attorney’s General and the Department of (in)Justice are not working for you or I, they are working for the Banks and Wall Street.   Just last week we heard Lannie Breuer admitting that, in deciding to not prosecute the too big to fail, he considered that they were, according to their attorneys and flacks too big to fail.   It reminds me of Debra LaFave.   Despite the fact that this teacher had sex with her young student, her attorney asserted that she shouldn’t go to jail because she was too pretty.   Honest, he said that.   And so did Breuer.
But I digress.   Today we’re talking about how you and I continue to be hosed by the banks, and the government that works for them.
I love this…actually no, it disgusts me.   This one statement where they agree merely to comply with existing law:
Bankruptcy Documents.
1. Proofs of Claim (” POC”). Servicer shall ensure that POCs filed
on behalf of Servicer are documented in accordance with the
United States Bankruptcy Code, the Federal Rules of Bankruptcy
Procedure, and any applicable local rule or order (” bankruptcy
law”). Unless not permitted by statute or rule, Servicer shall
ensure that each POC is documented by attaching:
a. The original or a duplicate of the note, including all
indorsements; a copy of any mortgage or deed of trust
securing the notes (including, if applicable, evidence of
recordation in the applicable land records); and copies of
any assignments of mortgage or deed of trust required to
demonstrate the right to foreclose on the borrower’s note
under applicable state law (collectively, ” Loan
Documents”). If the note has been lost or destroyed, a lost
note affidavit shall be submitted.
b. If, in addition to its principal amount, a claim includes
interest, fees, expenses, or other charges incurred before the
petition was filed, an itemized statement of the interest,
fees, expenses, or charges shall be filed with the proof of
claim (including any expenses or charges based on an
escrow analysis as of the date of filing) at least in the detail
specified in the current draft of Official Form B 10
(effective December 2011) (” Official Form B 10″)
Attachment A.
c. A statement of the amount necessary to cure any default as
of the date of the petition shall be filed with the proof of
claim.
d. If a security interest is claimed in property that is the
debtor’s principal residence, the attachment prescribed by
the appropriate Official Form shall be filed with the proof
of claim.
e. Servicer shall include a statement in a POC setting forth the
basis for asserting that the applicable party has the right to
foreclose.
f. The POC shall be signed (either by hand or by appropriate
electronic signature) by the responsible person under
penalty of perjury after reasonable investigation, stating
that the information set forth in the POC is true and correct
to the best of such responsible person’s knowledge,
information, and reasonable belief, and clearly identify the
responsible person’s employer and position or title with the
Case 1:12-cv-00361-RMC Document 1-33- 1 F Fileilde d0 03/41/02/41/12 2 P Paageg e1 0102 of 232368
A-10
employer.
2. Motions for Relief from Stay (” MRS”). Unless not permitted by
bankruptcy law, Servicer shall ensure that each MRS in a chapter
13 proceeding is documented by attaching:
a. To the extent not previously submitted with a POC, a copy
of the Loan Documents; if such documents were previously
submitted with a POC, a statement to that effect. If the
promissory note has been lost or destroyed, a lost note
affidavit shall be submitted;
b. To the extent not previously submitted with a POC,
Servicer shall include a statement in an MRS setting forth
the basis for asserting that the applicable party has the right
to foreclose.
c. An affidavit, sworn statement or Declaration made by
Servicer or based on information provided by Servicer
(” MRS affidavit” (which term includes, without limitation,
any facts provided by Servicer that are included in any
attachment and submitted to establish the truth of such
facts) setting forth:
i. whether there has been a default in paying prepetition
arrearage or post-petition amounts (an
” MRS delinquency”);
ii. if there has been such a default, (a) the unpaid
principal balance, (b) a description of any default
with respect to the pre-petition arrearage, (c) a
description of any default with respect to the postpetition
amount (including, if applicable, any
escrow shortage), (d) the amount of the pre-petition
arrearage (if applicable), (e) the post-petition
payment amount , (f) for the period since the date of
the first post-petition or pre-petition default that is
continuing and has not been cured, the date and
amount of each payment made (including escrow
payments) and the application of each such
payment, and (g) the amount, date and description
of each fee or charge applied to such pre-petition
amount or post-petition amount since the later of the
date of the petition or the preceding statement
pursuant to paragraph III.B.1.a; and
iii. all amounts claimed, including a statement of the
amount necessary to cure any default on or about
the date of the MRS.
It’s a big fancy report with nice graphics, but it’s just an indictment of the corrupt corporate state. THE BANKS BROKE LAWS AND THEY GOT AWAY WITH IT.   What’s worse, because they got away with such reckless conduct, they will only continue burning our country to the ground…and even though reports like this make it clear just how bad things are…and even though these reports should serve as foundation materials for real indictments, the press and general public still cheerlead.
I suppose we all deserve what’s coming for not standing up to any of this…..
ProgressReport08292012