Posted on 07 May 2010.
Exactly Who Is Doing The Modifying?
- The borrowers will think they are modifying their current loan when in fact they are starting all over again.
- The Foreclosing entity which lacks standing to bring lawsuit, is not authorized to modify anything since they are not the owner of the loan in question.
- Since the real parties in interest are nowhere to be found, they are taking it upon themselves with the help of their lawyers to steal your property.
- The borrower is actually getting a new loan which may enjoin borrower from rescinding new transaction.
- The foreclosing entity is STILL not using their own funds to modify (new loan) loan. They are getting funds to lend borrowers through Federal bail outs, insurance proceeds and believe it or not Investors. [same process]
- Their lawyers are not acting in a lawyer’s capacity but as BROKERS; [middlemen] they are getting paid commission on every new loan they help brokered.
- What Does Loan Modification Mean?
A modification to an existing loan made by a lender in response to a borrower’s long-term inability to repay the loan. Loan modifications typically involve a reduction in the interest rate on the loan, an extension of the length of the term of the loan, a different type of loan or any combination of the three. A lender might be open to modifying a loan because the cost of doing so is less than the cost of default.
- Why would they need to re-qualify if they claim they would make the borrowers payments and rates to be less?
- The borrower took the loan out with lender “A” but an unknown lender “B” is trying to modify it.
- When the modification is said and done, the borrower will have lender “B” as the lender. What happened to lender “A”????
- Exactly what is in the waiver they ask you to sign if any?
Posted in concealment, foreclosure fraud, forensic mortgage investigation audit, mortgage modification
Posted on 20 April 2010.
Editor’s Note: Judges are quick to jump on the TILA Statute of Limitations by imposing the one year rule for rescission and damages. But there is more to it than that.
First the statute does NOT cut off at one year except for items that are apparent on the face of the closing documentation; so for MOST claims arising under securitization where almost every real detail of the transaction was hidden and intentionally withheld, the one year rule does not apply.
Second, the statute of limitations does not BEGIN to run until the date that the violation is revealed. In most cases this will be when the homeowner knows or should have known that the loan was securitized. Since the pretender lenders are so strong on the point that securitization does not affect enforcement, the best point in time for the statute to run is when a forensic analyst or expert tells the homeowner that TILA violations exist.
And THEN, in those cases where the information was hidden, the statute of limitations is three years from the date the information was revealed.
So when you go after undisclosed fees, profits and other compensation of any kind, you are not cut off by one year because — by definition they were not disclosed. The only way the other side can get out of that is by admitting the existence of the fee, and then showing that it WAS disclosed — presumably through yet another fabricated document, signed by a non-existent person with non existent authroity with non- existent witnesses and notarized by someone three thousand miles away (whose notary stamp and forged signature was applied to hundreds of pages of blank documents for later use). [Brad Keiser was the one who discovered this tactic by doing what most forensic analysts don’t do — actually reading every piece of paper sent by the pretender lender and every piece of paper provided by the homeowner. Case law shows that where the notary was improperly applied — and there are many ways for it to be improperly applied, the notary is void. If the statute requires recording the document in the public records, then the document so notarized shall be considered as NOT being in the public records and is ordered expunged from those records].
This comment from Rob elaborates:
Regarding the TILA Statute of Limitations:
STATUTE OF LIMITATIONS
When a violation of TILA occurs, the one-year limitations period applicable to actions for statutory and actual damages begins to run. U.S.C. § 1641(e).
A TILA violation may occur at the consummation of the transaction between a creditor and its consumer if the transaction is made without the required disclosures.
A creditor may also violate TILA by engaging in fraudulent, misleading, and deceptive practices that conceal the TILA violation occurring at the time of closing. Often consumers do not discover any violation until after they have paid excessive charges imposed by their creditors. Consumers who later learn of the creditor’s TILA violations can allege an equitable tolling of the statute of limitations. When the consumer has an extended right to rescind or
pursue other statutory remedies because a violation occurs, the statute of limitations for all the damages the consumers seek extends to three years from the date the violation is revealed.
McIntosh v. Irwin Union Bank & Trust Co., 215 F.R.D. 26, 30 (D. Mass. 2003).
© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.
Posted in forensic mortgage investigation audit, tila
Posted on 23 March 2010.
THIS IS NOT LEGAL ADVICE
The Client Assistance program is called the Attorney Consumer Assistance Program (ACAP). ACAP is the department that handles client complaints and even can resolve some problems before a complaint is filed. Call the ACAP Hotline – 866/352-0707.
If any of you have any other states please feel free to link to comments and note the STATE.
Posted in foreclosure fraud