Why is Countrywide NOT doing the REQUIRED loan modifications?

Henry Wells of Wells Fargo
May we all remember our lives our not measured by the number of years and days we exist, by what we accomplish while we do live, and good we may render to our fellowman. That was Henry Wells in 1878. Too bad his modern day Wells Fargo Bank forgot that. Like Wells Fargo employees Richard D. Vaughan, Mendy Elliott, Beverley Stewart, Amber Ziegler & Don Garrett.

Beware Of Fraudulent Foreclosure Notices

Credit:
Many of these Notices of Default are not real, they are fraudulent and they are just another way to steal houses. Then the fraudster “sells” the stolen house under a fraudulent Trustee’s Deed.

Beware Of These Fraudulent Foreclosure Notices Being Filed as they are from Real Estate Fraud Scammers/Fraudsters. Many of these Notices of Defaults now being filed are just more Real Estate Fraud. Many of these Notices of Default are not real, they are fraudulent and they are just another way to steal houses. Then the fraudster “sells” the stolen house under a fraudulent Trustee’s Deed. By the time the homeowner and real and lawful lender finds out, it’s a huge legal nightmare, and the fraudsters are off with a lot of illegally obtained cash in their rotten pockets.

Too many title companies and sheriff’s offices are just accepting at face value these Notices of Default without actually verifying them against the actual Deed of Trust as to who really has the lawful authority to foreclose.

If you get one of those dreaded Notice of Default’s filed against your home, check out the facts first. Like is the one that filed that Notice of Default the one with the lawful authority to do so? Guess what? The vast majority of the time, they don’t! They claim to have the authority, but don’t believe it. Make them prove it to you.

If it’s not the party written in your Deed of Trust, a legal trail must be established as to how the alleged party now foreclosing is lawfully involved and has the lawful authority to do so. That included if your loan has been sold one or more times from who you originally did the loan with. There has to be provided to you the trail of legal transfers.

So that’s for the lender. You’re the Trustor so it’s the same for the Trustee and the Beneficiary. If the ones claiming to now be the Trustee and the Beneficiary are not the ones written in your Deed of Trust, these now alleged Trustee and the Beneficiary all have to legally prove how they now have lawful authority to foreclose.

Read your Deed of Trust to find out who the parties are that have legal authority to foreclose. It will be in your closing documents you got from escrow. If you can’t find your Deed of Trust, don’t worry. It’s filed at the country recorder’s office. You can either get a copy from there, or from any local title/escrow company.

Your Note will also be in your escrow docs you got when you bought the house. NEVER give a copy your Note to the ones doing the foreclosure. Odds are they don’t have the original let along a copy. Without the original Note, which the one doing the foreclosing has to produce, they can’t lawfully foreclose. The law requires the one doing the foreclosing has to produce the original note. Make them prove to you they have the original Note.

For example, RECONSTRUCT COMPANY filed a Notice of Default. Yet, there’s NO evidence RECONSTRUCT COMPANY has lawful authority to do what they have done, which is,

1. According to the NOTICE OF DEFAULT, “RECORDING REQUESTED BY RECONSTRUCT COMPANY.”

RECONSTRUCT COMPANY appears instead to be engaged in fraud. According to “Important Legal Notice NOTICE OF DEFAULT, RECONSTRUCT COMPANY, N.A., acting in its capacity as agent for the beneficiary,” alleges it’s the agent for the beneficiary and that “the Creditor to whom the debt is owed is Countrywide Home Loans.”

WRONG

1. RECONSTRUCT COMPANY is NOT the agent for the beneficiary.
2. Countrywide Home Loans is NOT the Creditor.

Here’s why:

1. RECONSTRUCT COMPANY has provided NO evidence that they are their claimed "agent for the beneficiary.”
2. According to the Deed of Trust RECONSTRUCT COMPANY references, the lender is Colonial Bank, N.A.

According to “Nevada Important Notice RECONSTRUCT COMPANY, N.A., claims to be “the duly appointed Trustee under a Deed of Trust”

WRONG

1. Reconstruct Company is NOT the duly appointed Trustee under the referenced Deed of Trust

Here’s why:

1. According to the Deed of Trust RECONSTRUCT COMPANY references, the Trustee is FIRST CENTENNIAL TITLE COMPANY.

According to the Deed of Trust RECONSTRUCT COMPANY references, the “Trustee shall give public notice of the sale to the persons and in the manner prescribed by Applicable Law.” The Trustee according to the Deed of Trust RECONSTRUCT COMPANY references, is FIRST CENTENNIAL TITLE COMPANY. FIRST CENTENNIAL TITLE COMPANY has failed to “give public notice of the sale to the persons and in the manner prescribed by Applicable Law.”

Photo from http://www.google.com/imgres?imgurl=http://www.dvdbeaver.com

Also, in the last couple days, I had several people tell me about a recent attack at UNR. Be on the look-out for a Chinese looking male in a blue pick-up truck with Nevada plate 188-URR. If you see this truck, immediately call 911 and report its location and that it is the truck sought in the recent UNR attack.

http://www.broowaha.com/articles/3825/beware-of-fraudulent-foreclosure-n...

Up front loan mod fees are illegal and they are illegal because it is illegal for anyone except attorneys to take a fee before they provide the assistance. Under California’s Mortgage Foreclosure Act as codified in Sections 2945 et seq. of the Civil Code, all so called foreclosure specialist or consultants are prohibited from collecting an upfront fee from a consumer, even if they work with attorneys or have attorneys inside their shop. Hence, they must perform services before collecting a fee absent being a law firm where an ordinary attorney/client relationship has occurred under a normal retainer agreement.

The lender or the note holder can not charge anything upfront.

Hopefully with all the push for these loan modifications, the lenders will wake up and smell the roses and we will all be sleeping better.

Moe Bedard “the facts are that lenders and servicers have aggressively stepped up their efforts to offer loan modifications to struggling borrowers.

As of January 1, 2008, I have seen a huge jump where I have personally witnessed and been involved with several homeowners that have fought their lenders for months and all of a sudden they all obtained loan modifications within a 2 week period.”

Clinton Calls For Bold Action To Halt Housing Crisis “announced a four-point plan to stem the tide of home foreclosures, which has been a key driver in the weakening economy.”

Countrywide has done loan modifications.

Statement of Sheila C. Bair, Chairman, Federal Deposit Insurance Corporation on Strengthening the Economy: Foreclosure Prevention, “While recent agreements have incorporated many of the strategies I have been advocating, progress in achieving actual loan modifications has been unacceptably slow and the increasing levels of foreclosure remain too high.”

Growing Acceptance of Loan Modifications: “As servicers examined the benefits of a systematic approach to loan modifications, many of them came to recognize that there are several advantages to the approach I recommended. A streamlined approach can be undertaken much more rapidly than a loan-by-loan restructuring process. Also, this approach does not involve a bailout involving federal tax dollars. In addition, this policy does not involve government action that would affect the contractual rights of mortgage investors because it is based on voluntary action by servicers and existing legal rights and responsibilities. This approach makes economic sense and is an appropriate, proactive response to rapidly changing market conditions. Modifying loans before reset will avoid negative credit consequences for borrowers, permit borrowers to keep their homes while making payments they can afford, preserve neighborhoods and provide investors with a return that exceeds any return they would receive from foreclosures. Under today's conditions, the net present value analysis itself can be streamlined for many markets. Declining housing prices and experience point to the likelihood of substantial losses through foreclosure in contrast to the income stream that can be achieved by sustainable, long-term loan modifications.”

First American Title is stepping up to the loan modification plate. “Fannie Mae, Freddie Mac and HUD offer loan modifications to loan servicers and borrowers as a tool in the area of default management. In a loan modification, the terms of a loan are restructured to prevent foreclosure.”

The Emergency Loan Modification Act of 2008, “part of a package of legislation designed to mitigate foreclosures.”

Watch out for Wells Fargo! They are crooks.

Here's some more info to help us out: OpenCongress, http://www.opencongress.org/bill/110-h3648/show

Said then President George W. Bush in signing HR 3648, The Mortgage Forgiveness Debt Relief Act of 2007: "Under current law, if the value of your house declines and your bank or lender forgives a portion of your mortgage, the tax code treats the amount forgiven as money that can be taxed. And of course, this makes a difficult situation even worse. When you’re worried about making your payments, higher taxes are the last thing you need to worry about. So this bill will create a three-year window for homeowners to refinance their mortgage and pay no taxes on any debt forgiveness that they receive. And it’s a really good piece of legislation. The provision will increase the incentive for borrowers and lenders to work together to refinance loans — and it will allow American families to secure lower mortgage payments without facing higher taxes."

First Amendment Right to Anonymous Free Speech

The U.S. Supreme Court has ruled repeatedly that the right to anonymous free speech is protected by the First Amendment. A much-cited 1995 Supreme Court ruling in McIntyre v. Ohio Elections Commission reads:

Protections for anonymous speech are vital to democratic discourse. Allowing dissenters to shield their identities frees them to express critical, minority views . . . Anonymity is a shield from the tyranny of the majority. . . . It thus exemplifies the purpose behind the Bill of Rights, and of the First Amendment in particular: to protect unpopular individuals from retaliation . . . at the hand of an intolerant society.

The tradition of anonymous speech is older than the United States. Founders Alexander Hamilton, James Madison, and John Jay wrote the Federalist Papers under the pseudonym "Publius," and "the Federal Farmer" spoke up in rebuttal. The US Supreme Court has repeatedly recognized rights to speak anonymously derived from the First Amendment.

The right to anonymous speech is also protected well beyond the printed page. Thus, in 2002, the Supreme Court struck down a law requiring proselytizers to register their true names with the Mayor's office before going door-to-door.

These long-standing rights to anonymity and the protections it affords are critically important for the Internet. As the Supreme Court has recognized, the Internet offers a new and powerful democratic forum in which anyone can become a "pamphleteer" or "a town crier with a voice that resonates farther than it could from any soapbox."

On December 21, 2007, Superior Court Judge Terence Flynn granted EFF's motion to quash the Township's September 26th subpoena seeking the identity of datruthsquad and denied a motion by the township to authorize future subpoenas, finding that the subpoena amounted to "an unjust infringement on the blogger's First Amendment rights" and that the blogger "has a right not to be drawn into the litigation." Judge Flynn denied the motion for a protective order, finding that it was unnecessary at this time.

More from Judge Flynn's ruling from the bench:

"And I [...] recognize that there are First Amendment issues with regard to disputes with the past administration. And that anyone [...] has a right to make their feelings clear. And they have a right not to be intimidated by the issuance of discovery requests in order to shut them down. For that reason, in many ways, the authority cited by the intervenor is correct and accurate. And first of all the [...] blogger, if in fact it’s an individual person, and I’m assuming absent any evidence that it is another individual person, has a right not to be drawn into the litigation and forced to reveal identity or to impede on his or her First Amendment rights simply on a suspicion, however founded or unfounded, and I don’t believe that this suspicion is sufficiently founded at this point to determine that it is Mr. Moskovitz. That person should not be drawn into the litigation and forced to abide by the rules with regard to exchange of information that the parties have, as opposed to a third party. So the Court is satisfied that there is no authority under law for this particular subpoena to obtain this private information. To allow the subpoena would be undue and unjust infringement on the blogger’s First Amendment rights. There’s no factual basis at this point, other than a mere suspicion for the justification. And ultimately that even if the information were obtained, it would be so remote to the actual elements of this litigation that it would not be admissible under any circumstances."

• First Cash v. John Doe
• Manalapan v. Moskovitz
New Jersey Township tries to unmask anonymous online critic.
• Dominick v. MySpace
• Fix Wilson Yard v. City of Chicago
• E. Van Cullens v. John Doe
• RIAA v. Verizon Case Archive
• Doe v. Cahill
• Merkey v. Yahoo SCOX, Groklaw et. al.

http://www.supremecourtus.gov/opinions/06pdf/06-278.pdf

http://www.eff.org/issues/anonymity

Beware of Loan Modification Documents -- Read Carefully!

Folks, as part of my ongoing misery with Countrywide -- after it failed to follow through with a loan refinancing deal because I refused to sign the loan application that CW employees completed with false information (they overstated my income and also showed me as having a $30,000 savings account when I had none at all!) -- Countrywide sent me a "loan modification" agreement. This process is apparently totally separate from any refinancing arrangements.

Supposedly, the loan modification was based on CW's discussion with the Attorneys General of various states that sued the company for fraud / deceptive trade practices. The letter I got from CW regarding the loan modification said I needed to do absolutely nothing to get a reduced interest rate and most importantly to us, a reduced monthly payment schedule. Yet when they sent the loan modification document, lo and behold, there was a paragraph in the document by which I agreed to give up any legal rights I might have against Countrywide based on alleged fraud or misconduct in refinancing. I refused to sign it. Nobody had ever mentioned that I was going to have to give up and release any claims I might have against this company. CW puts people in horrible economic circumstances, gets them over a barrel, so to speak, then knowing that a person in that position will do and sign almost anything to save the home, puts provisions in the loan modification documents to protect themselves from past lies and misconduct. How egregious is that?? Did Congress really give BOA and CW billions in funds so that the company could run roughshod over the rights of borrowers and silence their complaints of fraud and deception in the refinancing process? I think not.

The refinancing scam is going to prove more deadly to our nation than even the subprime loan origination practices that set our economy's downfall in motion. Sooner or later, the truth will come out. For those of us who are CW customers and have experienced this firsthand, there will be no surprise when it all surfaces. But it will likely be too late to reverse the damage done...
Where is the government oversight? Where is the "transparency" in Countrywide's handling of these matters that we have heard would be required of these monster corporations receiving billions from the federal government?

Note that Countrywide's attorneys -- in a court of law, mind you -- have stated that their refinancing offers are "not promises of anticipated future performance" on the company's part but are mere "puffery" ... What does this mean in plain-Jane English? It means, ladies and gentlemen, that CW's refinancing offers are absolutely meaningless. Also be aware that if your refinancing depends on an appraisal of your property, that Countrywide has been sued in the State of Washington for mortgage appraisal manipulation. Meaning, Countrywide cherry-picks appraisers to give the company the valuation that it wants, not the true valuation of your property. There are countless ways this company will scam you, defraud you and eventually send you to foreclosure.

Then of course when the refinancing fails, for whatever reason (a loan application that CW itself falsified, or a bogus appraisal on your property that results in you NOT qualifying after being promised and assured that you do), you get a loan modification document that will take away any legal rights you have against the company. BEWARE!!

Brandon

When I drafted into the Army, we handled ass holes like these by fragging them. In the U.S. military, fragging refers to the act of attacking a superior officer with a fragmentation grenade.[1] The term originated in the Vietnam War and was most commonly used to mean assassination of an unpopular officer of one's own fighting unit, often by means of a fragmentation grenade, hence the term. Although the term is derived from the grenade, the act was more commonly committed with firearms during combat in Vietnam.

A hand grenade was often used because it would not leave any fingerprints, and because a ballistics test could not be performed (as it could to match a bullet with a firearm). The grenade would often be thrown into the officer's tent while he slept.

Sometimes the intended victim would be 'warned' by first having a smoke grenade thrown into his tent. If he persisted in antagonizing his men, this would be followed by a stun grenade, and finally by a fragmentation grenade.

A fragging victim could also be killed by intentional "friendly fire" during combat. In this case, the death would be blamed on the enemy, and, because of the dead man's unpopularity, the perpetrator could assume that no one would contradict the story.

Many soldiers were not overly keen to go into harm's way, and preferred leaders with a similar sense of self-preservation. If a C.O. was incompetent, fragging the officer was considered a means to the end of self preservation for the men serving under him. Fragging might also occur if a commander freely took on dangerous or suicidal missions, especially if he was deemed to be seeking glory for himself.

The very idea of fragging served to warn junior officers to avoid the ire of their enlisted men through recklessness, cowardice, or lack of leadership. Junior officers in turn could arrange the murder of senior officers when finding them incompetent or wasting their men's lives needlessly. Underground GI newspapers sometimes listed bounties offered by units for the fragging of unpopular commanding officers.

Throughout the course of the Vietnam War, fragging was reportedly common. There are documented cases of at least 230 American officers killed by their own troops, and as many as 1,400 other officers' deaths could not be explained.[2] Incidents of fragging have been recorded as far back as the 18th century Battle of Blenheim.

If love is blind, how can there be love at first sight?

http://www.clipartstation.com/clipart_indexer4/index/retrieve?id=13487&s...

Maybe he was fucking her because she was the fuck of the century.

A Philandering Criminal Disguised As A US Senator

By LAURIE KELLMAN (AP)

WASHINGTON — Sen. John Ensign said Tuesday that he will not resign, even as a watchdog group raised questions about whether he improperly tried to appease his mistress' husband with a lobbying job and made phone calls on behalf of the man's clients.

Citing new details about Ensign's conduct revealed by the New York Times last week, Citizens for Responsibility and Ethics in Washington filed a letter to the ethics committee and the FBI alleging that the second-term senator helped Doug Hampton violate a one-year lobbying ban and illegally advocated on behalf of Hampton's clients.

"He has proved himself to be a philandering criminal disguised as a U.S. senator," said CREW's Executive Director Melanie Sloan.

President Obama has pledged to help as many as 9 million American homeowners refinance their mortgages or avert foreclosure, an initiative he said would shore up distressed housing prices, stabilize neighborhoods and slow a downward spiral that he said was “unraveling homeownership, the middle class, and the American Dream itself.”

The plan, more ambitious than many housing analysts had expected, was unveiled by Mr. Obama in a high school gymnasium in a community that is among the nation’s hardest hit by the foreclosure crisis.

“This plan will not save every home, but it will give millions of families resigned to financial ruin a chance to rebuild,” the president told the crowd. “It will prevent the worst consequences of this crisis from wreaking even greater havoc on the economy. And by bringing down the foreclosure rate, it will help to shore up housing prices for everyone.”

In a nutshell from the LA Times, the plan would:

• Remove restrictions on Fannie Mae and Freddie Mac that prohibit the institutions, both taken over by the government last year, from refinancing mortgages they own or have guaranteed when more is owed on a home than it is worth. The White House says this could reduce monthly payments for up to 5 million homeowners.

• Create incentives for lenders to modify subprime loans at risk of default or foreclosure. For lenders that agree to reduce rates to levels borrowers can afford, the government will make up part of the difference between the old monthly payment and the new payment. Participating lenders also will be required to cut payments to no more than 31 percent of a borrower's income. Up to 4 million homeowners could benefit.

• Keep mortgage rates low for millions of middle-class families seeking new mortgages. Using money already approved by Congress for this purpose, the Treasury Department and the Federal Reserve will continue to buy Fannie and Freddie mortgage-backed securities to maintain stability and liquidity in the marketplace. The department, through its existing authority, will provide up to $200 billion in capital for this purpose.

• Pursue reforms to help families avoid foreclosure. The administration will continue to support changing bankruptcy rules so judges can reduce mortgages on primary homes to their fair market value, as long as the borrower sticks to a court-ordered repayment plan. As part of the $787 billion stimulus package that Obama signed into law, the administration will award $2 billion in competitive grants to communities experimenting with innovative ways to prevent foreclosures.

And still the lenders, who all received taxpayer funded bail-outs, continue with their illegal foreclosures!

Countrywide was a terrorist!

Yes, consumers anymore are less likely to keep their opinions to themselves.

Mayor

Geno Martini

Ward 1

Julia Ratti

Ward 2

Phil Salerno

Ward 3

Ron Smith

Ward 4

Mike Carrigan

Ward 5

Ron Schmitt

City Manager

Shaun Carey

1. Email the City Council Members of both Reno and Sparks and tell them to impose the same fines, $1,000 a day, on these banks and others that hold the title to the foreclosures. The Washoe County Recorder Internet Access for free has the owner of record.

gmartini@cityofsparks.us; jratti@cityofsparks.us; psalerno@cityofsparks.us; rsmith@cityofsparks.us; mcarrigan@cityofsparks.us; rschmitt@cityofsparks.us; scarey@cityofsparks.us

I agree with

In this era of bank bailouts (with taxpayer money), questionable multimillion-dollar bonuses to many bank employees, and home foreclosures, wouldn't it be "nice" if banks were forced to maintain the lawns and appearances (no broken windows, graffiti, weeds, dead grass) of these foreclosed homes?

The blight on a neighborhood is costly, not only in the monetary/property values but in the general demise of the mental health, if you will, of the community. The spiral downward is difficult to stop, and blight seems to beget more blight.

Communities in California, such as San Jose, Oakland and Pittsburg, impose fines up to $1,000 a day to banks that let repo homes fall into shambles. California empowers its cities with legislation to act on this problem. There are different funds to help code-enforcement workers do their job and trace the bank responsible for the home.

Wouldn't it be wonderful if the city of Sparks (which has only two dedicated, hard-working code enforcers) could follow suit? Even if it would take state legislation, it is worth a try. Your neighborhoods are dying before your eyes, and the bank is, well, the bank is laughing all the way to the bank.

In these difficult economic times, in Reno, Nevada, the Reno City Council very stupidly changed the law so that banks do not have to maintain the lawns and appearances (no broken windows, graffiti, weeds, dead grass) of these foreclosed homes! Instead of imposing fines, revenue the City of Reno desperately needs, the double-crossing City of Reno Council Members give the banks more of a free ride!

Mayor
Robert Cashell
cashellr@cityofreno.com

At-Large
Pierre Hascheff
hascheff@cityofreno.com

Ward 1
Dan Gustin
gustind@cityofreno.com

Ward 2
Sharon Zadra
zadras@cityofreno.com

Ward 3
Jessica Sferrazza
sferrazzaj@cityofreno.com

Ward 4
Dwight Dortch
dortchd@cityofreno.com

Ward 5
David Aiazzi
aiazzi@cityofreno.com

You guys are the best!!!

Thanks for the information.....as usual top notch.

Here's the link for making a complaint to FDIC https://www2.fdic.gov/starsmail/index.asp

and for FDIC Chairperson Sheila C. Bair communications@fdic.gov

What’s written here is profoundly important. The author is so correct. I predict every title company is facing an onslaught of lawsuits for their negligence and fiduciary and agency failures in issuing title insurance on these illegal Trustee Deeds.

REPEAT

Every title company is facing an onslaught of lawsuits for their negligence and fiduciary and agency failures in issuing title insurance on these illegal Trustee Deeds.

RECONSTRUCT COMPANY according to the State of Nevada, Washoe County and the Cities of Reno, Sparks and Las Vegas, has NO business license NOR registered agent in Nevada.

What RECONSTRUCT COMPANY is though is “ReconTrust Company, N.A. is a wholly-owned subsidiary of Bank of America, N.A. Bank of America, N.A. Member FDIC Equal Housing Lenders” operating illegally in all 50 states. RECONSTRUCT COMPANY is not only willfully and maliciously violating several breaking 50 state’s laws,

ReconTrust Company, N.A’s repeated willful and malicious failures to have required business liscenses,

ReconTrust Company, N.A’s repeated willful and malicious failures to have resident agents,

and ReconTrust Company, N.A’s repeated willful and malicious failures to follow and their counties and city’s laws,

ReconTrust Company, N.A. are also willfully and maliciously violating Federal laws such as FDIC,

Statute of Frauds with ReconTrust Company, N.A. ’s repeated willful and malicious failures to only communicate in writing as required by Federal law,

ReconTrust Company, N.A. ’s repeated willful and malicious failures to follow Nevada Revised Statute Assemby Bill 149, http://www.leg.state.nv.us/75th2009/Bills/AB/AB149.pdf

ReconTrust Company, N.A.’s repeated willful and malicious failures to follow the Deeds of Trusts which is the ONLY authority to foreclose.

Same for MERS, illegally and unethically “Created by the real estate finance industry, MERS eliminates the need to prepare and record assignments when trading residential and commercial mortgage loans.” MERS willfully and maliciously bypasses recordation!!

MERS FORECLOSURES

Mortgage Electronic Registration Systems, Inc. (“MERS”) is a proper party that can lawfully foreclose as the mortgagee and note-holder of a mortgage loan. MERS Membership Rule 8 provides required guidelines that must be followed when MERS is the foreclosing entity. Please click here to access the Rules of Membership, and reference the Rule 8 requirements.

In mortgage foreclosure cases, the plaintiff has standing as the holder of the note and the mortgage. When MERS forecloses, MERS is the mortgagee and it is the holder of the note because a MERS officer will be in possession of the original note endorsed in blank, which makes MERS a holder of the bearer paper. MERS will not foreclose unless the note is endorsed in blank and held by MERS.

The MERS Legal Primer provides a sampling of cases that address the standing of MERS to foreclose its mortgages. These cases are not meant to be an exhaustive list involving MERS but are merely to serve as a primer for the legal arguments.

BANKRUPTCY

MERS may file Motions for Relief from Stay and Proofs of Claim related to mortgages that it holds. Each MERS member, through its duly appointed MERS officer(s), is responsible to ensure that pleadings on behalf of MERS in bankruptcy court properly describe MERS. The MERS officer(s) must also ensure that all necessary proof is attached to the pleadings to show MERS has standing at the time the pleading is filed. Please click here to reference MERS requirements.

MERS own Rule * requirements have that

“(d) In the event that the beneficial owner or its designated servicer

determines that foreclosure proceedings shall be conducted in the name of a party other than Mortgage Electronic Registration Systems, Inc., the servicer designated on the MERS® System shall cause to be made an assignment of the mortgage from Mortgage Electronic Registration Systems, Inc. to the person designated by the beneficial owner, and such beneficial owner shall pay all recording costs in connection therewith.

Get that, MERS own requirements are that

MERS RULE 8 FORECLOSURE

Section 1. (a) With respect to each mortgage loan for which Mortgage Electronic

Registration Systems, Inc. is the mortgagee of record, the beneficial owner of such mortgage loan or its servicer shall determine whether foreclosure proceedings with respect to such mortgage loan shall be conducted in the name of Mortgage Electronic Registration Systems, Inc., the name of the servicer, or the name of a different party to be designated by the beneficial owner.

(b) The Member servicing a mortgage loan registered on the MERSâ System shall be responsible for processing foreclosures in accordance with the applicable agreements between such Member and the beneficial owner of such mortgage loan.

(c) In the State of Florida, the authority to conduct foreclosures in the name of MERS granted to a Member’s Certifying Officers under Paragraph Three of the Member’s MERS Corporate Resolution is revoked. Effective June 1, 2006, the Member shall be sanctioned $10,000.00 per violation for commencing a foreclosure in Florida in the name of MERS.

(d) In the event that the beneficial owner or its designated servicer determines that foreclosure proceedings shall be conducted in the name of a party other than Mortgage Electronic Registration Systems, Inc., the servicer designated on the MERS® System shall cause to be made an assignment of the mortgage from Mortgage Electronic Registration Systems, Inc. to the person designated by the beneficial owner, and such beneficial owner shall pay all recording costs in connection therewith.

Section 2: (a) If a Member chooses to conduct foreclosures in the name of Mortgage Electronic Registration Systems, Inc., the note must be endorsed in blank and in possession of one of the Member’s MERS certifying officers. If the investor so allows, then MERS can be designated as the note-holder. vJune2009 Pg 26

(i) The Member shall not plead MERS as the note-owner in any foreclosure document; including but not limited to, the foreclosure complaint.

(ii) The Member shall not plead MERS as a co-plaintiff in a foreclosure action.

(iii) If the note is lost or cannot be located, the Member shall not commence a foreclosure action in the name of MERS, but rather must assign the mortgage out of MERS.

(b) In non-judicial foreclosure states, if the Member chooses to foreclose in MERS name under the power of sale provision in the security instrument and is not seeking a deficiency judgment, then the note does not need to be in the possession of the Member’s MERS Certifying Officer when commencing the foreclosure action; provided, however, that under no circumstances may the Member allege that the note is in their possession unless it so possesses.

(c) If the Member pleads MERS as the note-owner or as a co-plaintiff or commences a foreclosure in the name of MERS when the note is lost or cannot be located, it shall be considered a violation of the MERS Membership Rules and MERS may dismiss such

foreclosure action. Effective June 1, 2006, the Member shall be sanctioned $1,000.00 for the

first violation and $5,000.00 for each subsequent violation of this Rule.

(d) For all foreclosures conducted in the name of MERS, the member shall take all reasonable and necessary steps to avoid having Mortgage Electronic Registration Systems, Inc. take title to the applicable property that is the subject of a mortgage loan. Mortgage Electronic Registration Systems, Inc. shall not be obligated to take title to any property that is the subject of a mortgage loan; provided, however, that if the Member so requests, Mortgage Electronic Registration Systems, Inc. may take title at the conclusion of the foreclosure sale upon prior written consent to the Member from Mortgage Electronic Registration Systems, Inc. If title is taken in the name of Mortgage Electronic Registration Systems, Inc., the Member vJune2009 Pg 27 shall take all necessary and reasonable steps to remove Mortgage Electronic Registration Systems, Inc. from title as soon as possible.

(e) If title is put into Mortgage Electronic Registration Systems, Inc.’s name and there is a violation of state, county or city codes or any other applicable regulation; including, but

not limited to, non-payment of tax bills, the Member shall be responsible to promptly take all

necessary action to prevent fines or judgments from being entered against MERS. If the Member

fails to do so, MERS may take such action and will sanction the member for all costs and

expenses; including, but not limited to, attorney fees.

So how has ReconTrust Company, N.A. legally foreclosed? The answer is ReconTrust Company, N.A. hasn’t and ALL ReconTrust Company, N.A. ‘s foreclosures are illegal!! And every title company is guilty of conspiracy, negligence, breach of fiduciary duty and breach of agency relationship.

But then neither does Tyler & Associates, Inc. Professional Measurers used by The Home Depots in Northern Nevada to do The Home Depot’s estimates, have any records with State of Nevada, Washoe County and the Cities of Reno, Sparks and Las Vegas. No business licenses or no sales and use tax registration does Tyler & Associates, Inc. Professional Measurers have.

Here’s e-mails of our Nevada Federally elected representatives’ Regional Representatives so that we can tell these elected representatives’ what we think about issues such as these.

U.S. Congressman Dean Heller @ Katie.Pace@mail.house.gov

U.S. Senator John Ensign @ Pam.Matteoni@mail.senate.gov

U.S. Senator Harry Reid @ Victor.Mercado@mail.senate.gov

Here in Reno, Nevada Judge Brent Adams has a foreclosure according to the Washoe County, Nevada public records. Judge Brent Adams should be checking his Deed of Trust terms against the Notice of Default that was used against him.

Thanks for reminding us again the importance of “check them out....even if they work for a reputable bank or lender, doesn't make the individual so.”

Two other aspects of these foreclosures have been brought to my attention. The first is that in that many paged Deed of Trust is a clause about “impairment of security” as a valid reason for the lender to foreclose. In California "to accelerate payment on this note even though there was no showing that [their] security interest had been impaired." Id. at 283, 204 Cal.Rptr. at 32.

Then there’s the home equity lines of credit that were dropped in the amount the borrower could access or the borrower was denied access. All with no warning to the borrower. "[t]he lender does not have the right to unilaterally cut off the borrower's right to use the loaned funds unless he can show that his security is impaired," id. at 80, 146 Cal.Rptr. at 59-60, the court concluded that the deed of trust "must be construed to avoid the unintended acceleration of the note," id. at 81, 146 Cal.Rptr. at 60.

In this Nevada case I’m looking at, the lender is foreclosing on a Nevada homeowner that is current in their payments. The lender is using that “impairment of security” clause citing the drop in value to foreclose. http://openjurist.org/811/f2d/1255 The benefit to the lender doing that is the origination fees the lender plans to get by forcing the buyer to use the lender. That requirement by the lender that that lender as the buyer’s lender is a RESPA violation.

The other aspect of these foreclosures is when a fire breaks out on a property in foreclosure. This has already happened in California. There have been a few here in Northern Nevada. Under the homeowner's deed of trust, the trust deed beneficiary, the lender, has the option of either applying the insurance proceeds to reduce the homeowner's indebtedness or to rebuild the property. There is a concern with the trust deed beneficiary's aka lender’s use of a fortuitous fire to accelerate the trustor's aka borrower’s loan, foreclose. In this California case the fire was determined to be from arson, but uncertain as to whom the arsonist was. In this California case the lender refused to grant the homeowner permission to rebuild. The lender wanted the insurance proceeds to reduce the homeowner's indebtedness to the lender. That’s a motive for the lender to torch a property in foreclosure.

That’s in California. So in California the lender has a strong motive, money, to torch a property. What about Nevada?

Thanks for the spot on groovy comment. I agree that is part of the duty of the Sheriff's office. Mike Haley is now the Washoe County Nevada Sheriff and he’s not as liberal with his e-mail as Sheriff Dennis Balaam was.

The issues in this Foreclosure Fraud must start with the Sheriff as it is the Sheriff that issues the Sheriff’s Deed, which is the title given to a buyer at a mortgage foreclosure sale. A Sheriff’s Deed carries no warranties. After a buyer eventually comes along, then escrow is usually opened and the title companies get involved in issuing title insurance. Without title insurance there is no marketable title. Without marketable title, the house is worth zero no matter how much debt is on it.

When the Washoe County Sheriff fails to do their due diligence, which they are 100% doing, that the foreclosure is legal and not fraudulent, as just about every single one of them now are, the title company should refuse to issue title. Before any title company issues title on a deed out of foreclosure, it must do its due diligence that that deed out of foreclosure was lawfully obtained, which just about none of them. So yes, the title companies are hanging themselves out for huge future liability by issuing title insurance after these Sheriff’s Deeds.

I think the Washoe County Sheriff Dennis Balaam has zero clue about his and his office’s role and fiduciary duties in all this Foreclosure Fraud. dbalaam@mail.co.washoe.nv.us That lack of understanding by Sheriff Dennis Balaam and his and the Washoe County Sheriff’s participation in Foreclosure Fraud to me violates the WCSO VISION STATEMENT - The Washoe County Sheriff's Office will exist to preserve liberty, enhance the safety of the community and defend human dignity.

The Constitutional Issue of Due Process has affected the ability of lenders to foreclose property. In Ohio, the Federal District Court has dismissed numerous foreclosure actions by lenders because of the inability of the alleged lender to prove that they are the real party in interest. In Colorado, on June 19, 2008, a District Court Judge dismissed a foreclosure action because of failure of the alleged lender to prove they were the real party in interest.

Because the right of redemption is an equitable right, foreclosure is an action in equity. In order to keep the right of redemption the debtor can ask an equity court for an injunction. If repossession is imminent the debtor would need to seek a temporary restraining order.

A debtor may also challenge the validity of the debt in a claim against the bank in order to stop the foreclosure and sue for damages. In a foreclosure proceeding, the lender bears the burden of proving that there was a valid debt. There is case law to support the debtor's case: First National Bank of Montgomery vs. Jerome Daly, 1969, in the Justice Court State of Minnesota the Judge ruled in favor of the debtor on December 9, 1968: IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

1.That the Plaintiff is not entitled to recover the possession of Lot 19, Fairview Beach, Scott County, Minnesota according to the Plat thereof on file in the Register of Deeds office.

2. That because of failure of a lawful consideration the Note and Mortgage dated May 8, 1964 are null and void.

3. That the Sheriff’s sale of the above described premises held on June 26, 1967 is null and void, of no effect. That because of failure of a lawful consideration the Note and Mortgage dated May 8, 1964 are null and void.

The Washoe County Sheriff should just stop enforcing these foreclosures.

My family is now in foreclosure as my husband got laid off fall 2008. He hasn’t been able to find work since then. Our only income is now mine. The Washoe County Sheriff should just stop enforcing these foreclosures. They are illegal. They are morally wrong. It is not our fault the economy imploded, collapsed, went south, tanked, whatever it is called. The reality is that it has hit us hard as it has everyone we know. We never had much savings to begin with. We never had medical insurance. We have one child, a beautiful 12 year old girl, adopted just after birth when we felt we were finally financially in the money enough for a family. She’s an unplanned baby from a friend of a friend’s daughter who knew we had decided to adopt.

We had refinanced in May 2005 to pay off credit cards. Since my husband’s lay off, we’ve been running them back up. The loan Sheryl Christenson at Countrywide put us into was what we later discovered was a home equity line of credit, so we never know from month to month what our payment is. Wish Sheryl Christenson had told us that then. Our house is down to half what it appraised for in Spring 2005. There are several foreclosures in our neighborhood. But it seems that way everywhere we go in town. Their yards are dead. Many of them have been broken into.

In my neighborhood, and even around town, it seems like three fourths of the houses are either in foreclosure or bank owned. It’s gotten so bad that the bank owned properties are no longer letting the real estate agents put For Sale signs on them because if the foreclosed on owner didn’t strip the property, the Fore Sale sign is an invitation to do so. Those doing the break-ins to the vacant properties fast figure it out that the property is a foreclosure though from the dying or dead landscaping, and if the property has been winterized, not all the banks are doing that though, so beware frozen water pipes, the yellow stickers all over the windows are advertising that, which is again another invitation saying “Break In.” Although some of the properties have doors that are not even locked. Some are due to the French doors’ latches are broken. I also don’t understand why with the names, dates, places, paperwork etc. documented, more of these criminals are not in prison. I believe it about the bribes offered and paid to quash investigations and prosecution. Bribes explains why the complaints and lawsuits here are getting no where – the corrupt activist state administrators and judges quash them. Did and is the FBI agents also taking bribes as they sure drag/dragged their heels? Although no surprise there I guess with all the pre-knowledge the FBI had about 9.11.

We will use this stuff we’ve learned here to try to get the loan modification and see if the foreclosure is legal or not, but we still fear we’re facing bankruptcy. But the people we know who have or are in bankruptcy have horror stories about it. We‘ve made our rounds of the free consults with the Reno bankruptcy lawyers and they are a strange lot. Messy offices. Late for appointments. Too many people at them are just out and out rude. Others look blank when we ask about the loan modification our friend told us about when they sent us to here. These bankruptcy offices are not exactly the kind of people to make us feel comfortable or that we are in good hands.

We wrote to Senator Harry Reid, Senator John Ensign and Congressman Dean Heller. They have no clue of the federal laws for the loan modifications or the mortgage fraud that created the Housing Bubble and the inevitable Housing Bust.

I worry most about my husband. At times, I wonder if he’s had a nervous breakdown.

Reno, Nevada loan officer Kevin Anderson is just another version of RoundUp.

Most television commercials leave you: (a) talking back to the TV and (b) wondering about the general level of intelligence of your fellow citizens. This, of course, is not news. But it does at least provide fodder for those like me, engaged as we are in relentless weekly searches for fun things to skewer.

My favorite ad of the summer so far is the one where the two burly next-door neighbors meet in a face-off on the front sidewalk, about 20 feet apart. One burly dude is packing a bottle of RoundUp weed-killer, the other is burdened with the inferior spray herbicide from Acme. At each burly dude’s feet is one medium-sized weed, growing through a crack in the sidewalk. As the frenzied, vigilante music builds to its melodramatic climax, each burly dude blasts his target, and--no surprise here--the RoundUp blastee dies a quicker, more shrivelly, perhaps even agonizing death in just a few hours.

Now, sure, these two slobs can’t be expected to act like Mensa candidates here, since, after all, they are paid lackeys pushing domestic poison, and as such, are slaves to the director and scriptwriters. That’s fine and understood. The image that assails my mind is that of the millions of wanna-be macho slobs out there in TV land who see this ad and think, “Aha! The virile new way to kill weeds! I’ll pick up some RoundUp on my next trip to Big Mart and kill all weeds from this day on with a barrage of deadly squirting!” These gents predictably let those thoughts slide into fantasies of weed-free sidewalks, inspiring lusty pool parties among tank-topped coeds.

One wonders if any of these RoundUp guys would, just for a minute, interrupt his psychotic musings to consider the possibility that, instead of showering his dastardly weed with a spray of corporate slime that does its job in hundreds of minutes, he might instead get up off the sofa (a bit of a struggle, considering the tenacious sinkhole that his body has crushed into the cushions), walk out to the sidewalk, and assume a standing position directly above the weed. Then, bending at the waist, comfortably flexing his knees so as to not strain the muscles of the lower back, he would grip the offending weed at its vulnerable, leafy base with the first three fingers of his dominant hand. At this crucial point comes the moment of truth: pulling upward with a firm, steady motion, he would completely uproot the offending flora, instantly rendering it lame, harmless fodder destined for the nearest trash container. And in approximately one one-trillionth of the time it would take the RoundUp to do its job.

Of course, “pulling” the weed, as it used to be called, would involve actually touching the plant itself, and, I don’t know, that just may be an extremely uncool thing to do here in the new millennium.

Reno, Nevada loan officer Kevin Anderson is just another version of RoundUp.

Most television commercials leave you: (a) talking back to the TV and (b) wondering about the general level of intelligence of your fellow citizens. This, of course, is not news. But it does at least provide fodder for those like me, engaged as we are in relentless weekly searches for fun things to skewer.

My favorite ad of the summer so far is the one where the two burly next-door neighbors meet in a face-off on the front sidewalk, about 20 feet apart. One burly dude is packing a bottle of RoundUp weed-killer, the other is burdened with the inferior spray herbicide from Acme. At each burly dude’s feet is one medium-sized weed, growing through a crack in the sidewalk. As the frenzied, vigilante music builds to its melodramatic climax, each burly dude blasts his target, and--no surprise here--the RoundUp blastee dies a quicker, more shrivelly, perhaps even agonizing death in just a few hours.

Now, sure, these two slobs can’t be expected to act like Mensa candidates here, since, after all, they are paid lackeys pushing domestic poison, and as such, are slaves to the director and scriptwriters. That’s fine and understood. The image that assails my mind is that of the millions of wanna-be macho slobs out there in TV land who see this ad and think, “Aha! The virile new way to kill weeds! I’ll pick up some RoundUp on my next trip to Big Mart and kill all weeds from this day on with a barrage of deadly squirting!” These gents predictably let those thoughts slide into fantasies of weed-free sidewalks, inspiring lusty pool parties among tank-topped coeds.

One wonders if any of these RoundUp guys would, just for a minute, interrupt his psychotic musings to consider the possibility that, instead of showering his dastardly weed with a spray of corporate slime that does its job in hundreds of minutes, he might instead get up off the sofa (a bit of a struggle, considering the tenacious sinkhole that his body has crushed into the cushions), walk out to the sidewalk, and assume a standing position directly above the weed. Then, bending at the waist, comfortably flexing his knees so as to not strain the muscles of the lower back, he would grip the offending weed at its vulnerable, leafy base with the first three fingers of his dominant hand. At this crucial point comes the moment of truth: pulling upward with a firm, steady motion, he would completely uproot the offending flora, instantly rendering it lame, harmless fodder destined for the nearest trash container. And in approximately one one-trillionth of the time it would take the RoundUp to do its job.

Of course, “pulling” the weed, as it used to be called, would involve actually touching the plant itself, and, I don’t know, that just may be an extremely uncool thing to do here in the new millennium.

Beware Of Fraudulent Foreclosure Notices @ http://sf.broowaha.com/article.php?id=3825

Beware Of Fraudulent Foreclosure Notices

If the title companies had any sense, they would remove the title insurance from these real properties citing the mortgage fraud done in illegally getting them to avoid future lawsuits certain to arise. First American Title is way hung out here for liablity. So also is First Centennial Title. There's a clear case of defective title here. https://www.fntic.com/escrowterms.asp?letter=D

Defective Title -- (1) Title to a negotiable instrument obtained by fraud. (2) Title to real property, which lacks some of the elements necessary to transfer good title.

If throwing your neighbors and community under the wheels of the bus is right, I am scared to know what wrong is. That's what Countrywide Home Loans, now Bank of America, and all the other lenders like Wells Fargo did here with all their mortgage fraud.

Also beware of being asked/forced/required to pay up upfront loan mod fees. Upfront loan mod fees are illegal in all 50 states and at the Federal level.

Hmmmmm – Countrywide now Bank of America B of A Home Loan’s Reno Loan Officer Sheryl Christensen involved in mortgage fraud. Maybe mortgage fraud is a problem where you're at, but it is not a problem in Los Angeles, or obviously Reno, Nevada. What’s wrong with you?

Countrywide now Bank of America B of A Home Loan’s Reno Loan Officer Sheryl Christensen has won the Fraudster of the Decade Award. Countrywide now Bank of America B of A Home Loan’s Reno Loan Officer Sheryl Christensen threw Reno under the wheels of the mortgage fraud bus. The world is her $2 whore.

Los Angeles and Reno understand that Countrywide now Bank of America B of A Home Loan’s Reno Loan Officer Sheryl Christensen does not need to be weighed down by her mortgage fraud until arrested. When is the last time the local media mentioned said mortgage fraud? Exactly … who knows … she is Countrywide now Bank of America B of A Home Loan’s Reno Loan Officer Sheryl Christensen and she has her life to lead.

So what if Countrywide now Bank of America B of A Home Loan’s Reno Loan Officer Sheryl Christensen is hanging out banging Reno while Countrywide Home Loans now Bank of America keeps the brokerage mortgage fraud fires burning? Countrywide now Bank of America B of A Home Loan’s Reno Loan Officer Sheryl Christensen is not going to spank and choke herself. So what if Countrywide now Bank of America B of A Home Loan’s Reno Loan Officer Sheryl Christensen needs a father figure? Nick Lachey needs someone to do bullet shots with at Hyde.

Countrywide now Bank of America B of A Home Loan’s Reno Loan Officer Sheryl Christensen would be wise to relocate to Los Angeles to be amongst other visionaries like herself. In fact, we should thank Countrywide now Bank of America B of A Home Loan’s Reno Loan Officer Sheryl Christensen, a transplant to Reno, Nevada, for reminding us what it means to be Angelinos. I hope Countrywide now Bank of America B of A Home Loan’s Reno Loan Officer Sheryl Christensen gruesome tale is not an omen for the future state of our nation. IF THROWING YOUR NEIGHBORS UNDER THE WHEELS OF THE BUS IS RIGHT, I AM SCARED TO KNOW WHAT WRONG IS.

(This article is dedicated to the loving memory of Ms. Anna Nicole Smith. We can only pray that Elton John will eulogize her, and Countrywide now Bank of America B of A Home Loan’s Reno Loan Officer Sheryl Christensen with yet another version of that candle song on national TV. Goodbye, Vickie Lynn… your dealers will miss you.) Even Porky Bully is a hard-bitten middle aged jaded soul who has seen the true ugliness of the real world and knows there is only one way to survive.

Is it still sarcasm when I have to explain it?

El G, that’s with one G.

Hmmmmm – Countrywide now Bank of America B of A Home Loan’s Reno Loan Officer Beverly Stewart involved in mortgage fraud. Maybe mortgage fraud is a problem where you're at, but it is not a problem in Los Angeles, or obviously Reno, Nevada. What’s wrong with you?

Countrywide now Bank of America B of A Home Loan’s Reno Loan Officer Beverly Stewart has won the Fraudster of the Decade Award. Countrywide now Bank of America B of A Home Loan’s Reno Loan Officer Beverly Stewart threw Reno under the wheels of the mortgage fraud bus. The world is her $2 whore.

Los Angeles and Reno understand that Countrywide now Bank of America B of A Home Loan’s Reno Loan Officer Beverly Stewart does not need to be weighed down by her mortgage fraud until arrested. When is the last time the local media mentioned said mortgage fraud? Exactly … who knows … she is Countrywide now Bank of America B of A Home Loan’s Reno Loan Officer Beverly Stewart and she has her life to lead.

So what if Countrywide now Bank of America B of A Home Loan’s Reno Loan Officer Beverly Stewart is hanging out banging Reno while Countrywide Home Loans now Bank of America keeps the brokerage mortgage fraud fires burning? Countrywide now Bank of America B of A Home Loan’s Reno Loan Officer Beverly Stewart is not going to spank and choke herself. So what if Countrywide now Bank of America B of A Home Loan’s Reno Loan Officer Beverly Stewart needs a father figure? Nick Lachey needs someone to do bullet shots with at Hyde.

Countrywide now Bank of America B of A Home Loan’s Reno Loan Officer Beverly Stewart would be wise to relocate to Los Angeles to be amongst other visionaries like herself. In fact, we should thank Countrywide now Bank of America B of A Home Loan’s Reno Loan Officer Beverly Stewart, a transplant to Reno, Nevada, for reminding us what it means to be Angelinos. I hope Countrywide now Bank of America B of A Home Loan’s Reno Loan Officer Beverly Stewart's gruesome tale is not an omen for the future state of our nation. If throwing your neighbors under the wheels of the bus is right, I am scared to know what wrong is.

(This article is dedicated to the loving memory of Ms. Anna Nicole Smith. We can only pray that Elton John will eulogize her, and Countrywide now Bank of America B of A Home Loan’s Reno Loan Officer Beverly Stewart with yet another version of that candle song on national TV. Goodbye, Vickie Lynn… your dealers will miss you.) Even Porky Bully is a hard-bitten middle aged jaded soul who has seen the true ugliness of the real world and knows there is only one way to survive.

Is it still sarcasm when I have to explain it?

El G, that’s with one G.

Reno Loan Officer and Countrywide Home Loans Manager Sue Barry writing in her diary:

Dear Diary,

Last year I replaced all the windows in my house with the expensive double-pane energy-efficient kind. Then this week I got a call from the contractor who installed them. He was complaining that the work had been completed a whole year ago and I still had not paid for them. Now just because I'm a blonde doesn't mean that I am automatically stupid. So, I told him just what his fast-talking sales guy had told me last year... Namely, that in ONE YEAR these windows would pay for themselves! Helllllooooo??? It's been a year!

There was only silence at the other end of the line, so I finally just hung up. He did not call back. Boy, I bet he felt dumb!!

Cristina Michta

Countrywide Bank of America B of A requirng you to sign you'll never sue them is illegal, unethical and immoral! Is Your Lender A Patriot Or Terrorist?

http://reno.broowaha.com/article.php?id=3462

Beware Of Fraudulent Foreclosure Notices

http://reno.broowaha.com/article.php?id=3825

Beware of Loan Modification Documents -- Read Carefully!

http://www.babelation.com/?q=node/1549#comment-5508

What’s written here is profoundly important. The author is so correct. I predict every title company is facing an onslaught of lawsuits for their negligence and fiduciary and agency failures in issuing title insurance on these illegal Trustee Deeds.

REPEAT

Every title company is facing an onslaught of lawsuits for their negligence and fiduciary and agency failures in issuing title insurance on these illegal Trustee Deeds.

RECONSTRUCT COMPANY according to the State of Nevada, Washoe County and the Cities of Reno, Sparks and Las Vegas, has NO business license NOR registered agent in Nevada.

What RECONSTRUCT COMPANY is though is “ReconTrust Company, N.A. is a wholly-owned subsidiary of Bank of America, N.A. Bank of America, N.A. Member FDIC Equal Housing Lenders” operating illegally in all 50 states. RECONSTRUCT COMPANY is not only willfully and maliciously violating several breaking 50 state’s laws,

ReconTrust Company, N.A’s repeated willful and malicious failures to have required business liscenses,

ReconTrust Company, N.A’s repeated willful and malicious failures to have resident agents,

and ReconTrust Company, N.A’s repeated willful and malicious failures to follow and their counties and city’s laws,

ReconTrust Company, N.A. are also willfully and maliciously violating Federal laws such as FDIC,

Statute of Frauds with ReconTrust Company, N.A. ’s repeated willful and malicious failures to only communicate in writing as required by Federal law,

ReconTrust Company, N.A. ’s repeated willful and malicious failures to follow Nevada Revised Statute Assemby Bill 149, http://www.leg.state.nv.us/75th2009/Bills/AB/AB149.pdf

ReconTrust Company, N.A.’s repeated willful and malicious failures to follow the Deeds of Trusts which is the ONLY authority to foreclose.

Same for MERS, illegally and unethically “Created by the real estate finance industry, MERS eliminates the need to prepare and record assignments when trading residential and commercial mortgage loans.” MERS willfully and maliciously bypasses recordation!!

MERS FORECLOSURES

Mortgage Electronic Registration Systems, Inc. (“MERS”) is a proper party that can lawfully foreclose as the mortgagee and note-holder of a mortgage loan. MERS Membership Rule 8 provides required guidelines that must be followed when MERS is the foreclosing entity. Please click here to access the Rules of Membership, and reference the Rule 8 requirements.

In mortgage foreclosure cases, the plaintiff has standing as the holder of the note and the mortgage. When MERS forecloses, MERS is the mortgagee and it is the holder of the note because a MERS officer will be in possession of the original note endorsed in blank, which makes MERS a holder of the bearer paper. MERS will not foreclose unless the note is endorsed in blank and held by MERS.

The MERS Legal Primer provides a sampling of cases that address the standing of MERS to foreclose its mortgages. These cases are not meant to be an exhaustive list involving MERS but are merely to serve as a primer for the legal arguments.

BANKRUPTCY

MERS may file Motions for Relief from Stay and Proofs of Claim related to mortgages that it holds. Each MERS member, through its duly appointed MERS officer(s), is responsible to ensure that pleadings on behalf of MERS in bankruptcy court properly describe MERS. The MERS officer(s) must also ensure that all necessary proof is attached to the pleadings to show MERS has standing at the time the pleading is filed. Please click here to reference MERS requirements.

MERS own Rule * requirements have that

“(d) In the event that the beneficial owner or its designated servicer
determines that foreclosure proceedings shall be conducted in the name of a party other than Mortgage Electronic Registration Systems, Inc., the servicer designated on the MERS® System shall cause to be made an assignment of the mortgage from Mortgage Electronic Registration Systems, Inc. to the person designated by the beneficial owner, and such beneficial owner shall pay all recording costs in connection therewith.

Get that, MERS own requirements are that

MERS RULE 8 FORECLOSURE

Section 1. (a) With respect to each mortgage loan for which Mortgage Electronic
Registration Systems, Inc. is the mortgagee of record, the beneficial owner of such mortgage loan or its servicer shall determine whether foreclosure proceedings with respect to such mortgage loan shall be conducted in the name of Mortgage Electronic Registration Systems, Inc., the name of the servicer, or the name of a different party to be designated by the beneficial owner.

(b) The Member servicing a mortgage loan registered on the MERSSystem shall be responsible for processing foreclosures in accordance with the applicable agreements between such Member and the beneficial owner of such mortgage loan.

(c) In the State of Florida, the authority to conduct foreclosures in the name of MERS granted to a Member’s Certifying Officers under Paragraph Three of the Member’s MERS Corporate Resolution is revoked. Effective June 1, 2006, the Member shall be sanctioned $10,000.00 per violation for commencing a foreclosure in Florida in the name of MERS.

(d) In the event that the beneficial owner or its designated servicer determines that foreclosure proceedings shall be conducted in the name of a party other than Mortgage Electronic Registration Systems, Inc., the servicer designated on the MERS® System shall cause to be made an assignment of the mortgage from Mortgage Electronic Registration Systems, Inc. to the person designated by the beneficial owner, and such beneficial owner shall pay all recording costs in connection therewith.

Section 2: (a) If a Member chooses to conduct foreclosures in the name of Mortgage Electronic Registration Systems, Inc., the note must be endorsed in blank and in possession of one of the Member’s MERS certifying officers. If the investor so allows, then MERS can be designated as the note-holder. vJune2009 Pg 26

(i) The Member shall not plead MERS as the note-owner in any foreclosure document; including but not limited to, the foreclosure complaint.

(ii) The Member shall not plead MERS as a co-plaintiff in a foreclosure action.

(iii) If the note is lost or cannot be located, the Member shall not commence a foreclosure action in the name of MERS, but rather must assign the mortgage out of MERS.

(b) In non-judicial foreclosure states, if the Member chooses to foreclose in MERS name under the power of sale provision in the security instrument and is not seeking a deficiency judgment, then the note does not need to be in the possession of the Member’s MERS Certifying Officer when commencing the foreclosure action; provided, however, that under no circumstances may the Member allege that the note is in their possession unless it so possesses.

(c) If the Member pleads MERS as the note-owner or as a co-plaintiff or commences a foreclosure in the name of MERS when the note is lost or cannot be located, it shall be considered a violation of the MERS Membership Rules and MERS may dismiss such
foreclosure action. Effective June 1, 2006, the Member shall be sanctioned $1,000.00 for the
first violation and $5,000.00 for each subsequent violation of this Rule.

(d) For all foreclosures conducted in the name of MERS, the member shall take all reasonable and necessary steps to avoid having Mortgage Electronic Registration Systems, Inc. take title to the applicable property that is the subject of a mortgage loan. Mortgage Electronic Registration Systems, Inc. shall not be obligated to take title to any property that is the subject of a mortgage loan; provided, however, that if the Member so requests, Mortgage Electronic Registration Systems, Inc. may take title at the conclusion of the foreclosure sale upon prior written consent to the Member from Mortgage Electronic Registration Systems, Inc. If title is taken in the name of Mortgage Electronic Registration Systems, Inc., the Member vJune2009 Pg 27 shall take all necessary and reasonable steps to remove Mortgage Electronic Registration Systems, Inc. from title as soon as possible.

(e) If title is put into Mortgage Electronic Registration Systems, Inc.’s name and there is a violation of state, county or city codes or any other applicable regulation; including, but
not limited to, non-payment of tax bills, the Member shall be responsible to promptly take all
necessary action to prevent fines or judgments from being entered against MERS. If the Member
fails to do so, MERS may take such action and will sanction the member for all costs and
expenses; including, but not limited to, attorney fees.

So how has ReconTrust Company, N.A. legally foreclosed? The answer is ReconTrust Company, N.A. hasn’t and ALL ReconTrust Company, N.A. ‘s foreclosures are illegal!! And every title company is guilty of conspiracy, negligence, breach of fiduciary duty and breach of agency relationship.

But then neither does Tyler & Associates, Inc. Professional Measurers used by The Home Depots in Northern Nevada to do The Home Depot’s estimates, have any records with State of Nevada, Washoe County and the Cities of Reno, Sparks and Las Vegas. No business licenses or no sales and use tax registration does Tyler & Associates, Inc. Professional Measurers have.

Here's the link for making a complaint to FDIC https://www2.fdic.gov/starsmail/index.asp

and for FDIC Chairperson Sheila C. Bair communications@fdic.gov

Greene

Countrywide Home Loans took over my loan when my lender when bankrupt. That was 18 months ago. Since then I have NOT received any mortgge statement from Countrywide Home Loans. I have called more than a dozen times trying to get my mortgage statements. I get transferred to Spanish speaking. I get diconnected. I get transfered around. I do NOT get my mortgage statements!

Reno Loan Officer and Countrywide Home Loans Manager Beverly Stewart writing in her diary:

Dear Diary,

Last year I replaced all the windows in my house with the expensive double-pane energy-efficient kind. Then this week I got a call from the contractor who installed them. He was complaining that the work had been completed a whole year ago and I still had not paid for them. Now just because I'm a blonde doesn't mean that I am automatically stupid. So, I told him just what his fast-talking sales guy had told me last year... Namely, that in ONE YEAR these windows would pay for themselves! Helllllooooo??? It's been a year!

There was only silence at the other end of the line, so I finally just hung up. He did not call back. Boy, I bet he felt dumb!!

Cristina Michta

Reno Loan Officer and Countrywide Home Loans Manager writing in her diary:

Dear Diary,

Last year I replaced all the windows in my house with the expensive double-pane energy-efficient kind. Then this week I got a call from the contractor who installed them. He was complaining that the work had been completed a whole year ago and I still had not paid for them. Now just because I'm a blonde doesn't mean that I am automatically stupid. So, I told him just what his fast-talking sales guy had told me last year... Namely, that in ONE YEAR these windows would pay for themselves! Helllllooooo??? It's been a year!

There was only silence at the other end of the line, so I finally just hung up. He did not call back. Boy, I bet he felt dumb!!

Cristina Michta

Hmmmmm – Countrywide Home Loan’s Reno Loan Officer Sue Barry involved in mortgage fraud. Maybe mortgage fraud is a problem where you're at, but it is not a problem in Los Angeles, or obviously Reno, Nevada. What’s wrong with you?
Countrywide Home Loan’s Reno Loan Officer Sue Barry has won the Fraudster of the Decade Award. She threw Reno under the wheels of the mortgage fraud bus. The world is her $2 whore.

Los Angeles and Reno understand that Countrywide Home Loan’s Reno Loan Officer Sue Barry does not need to be weighed down by her mortgage fraud until arrested. When is the last time the local media mentioned said mortgage fraud? Exactly … who knows … she is Countrywide Home Loan’s Reno Loan Officer Sue Barry Zane and she has her life to lead.

So what if Countrywide Home Loan’s Reno Loan Officer Sue Barry is hanging out banging Reno while Countrywide Home Loans keeps the brokerage mortgage fraud fires burning? Sue Barry is not going to spank and choke herself. So what if Countrywide Home Loan’s Reno Loan Officer Sue Barry needs a father figure? Nick Lachey needs someone to do bullet shots with at Hyde.

Countrywide Home Loan’s Reno Loan Officer Sue Barry would be wise to relocate to Los Angeles to be amongst other visionaries like herself. In fact, we should thank Countrywide Home Loan’s Reno Loan Officer Sue Barry, a transplant to Reno, Nevada, for reminding us what it means to be Angelinos. I hope Countrywide Home Loan’s Reno Loan Officer Sue Barry’s gruesome tale is not an omen for the future state of our nation. If throwing your neighbors under the wheels of the bus is right, I am scared to know what wrong is.

(This article is dedicated to the loving memory of Ms. Anna Nicole Smith. We can only pray that Elton John will eulogize her, and Countrywide Home Loan’s Reno Loan Officer Sue Barry with yet another version of that candle song on national TV. Goodbye, Vickie Lynn… your dealers will miss you.) Even Porky Bully is a hard-bitten middle aged jaded soul who has seen the true ugliness of the real world and knows there is only one way to survive.

Is it still sarcasm when I have to explain it?

El G, that’s with one G.

Could you help me. Howard Hughes was able to afford the luxury of madness, like a man who not only thinks he is Napoleon but hires an army to prove it.
I am from Islands and also now'm speaking English, please tell me right I wrote the following sentence: "On the endless and insane quest for authenticity, we have created more than custom fonts to use in props.See all mark simonson font sightings on flickr."

Thanks for the help :(, Cicero.

Even Porky is a hard-bitten middle aged jaded soul who has seen the true ugliness of the real world and knows there is only one way to survive.

http://1.bp.blogspot.com/_mJ4lc_Q9Q6k/SQnmw6haPrI/AAAAAAAASH0/Gf7YbexE0d...

Is it still sarcasm when I have to explain it?

El G, that’s with one G.

May the fleas of a thousand camels infest Sheryl Christenson and Sue Barry's his incompetent lazy fraudulent crotches.

Countrywide, and everyone there, and I mean everyone, sucks.

Consumers are Less Likely to Keep Their Opinions to Themselves

Everyday consumers of goods and services now have the Internet to describe their experiences with businesses and those businesses’ employees. Government executives, administrators and all government employees, businesses, both non-profit and profit, legal and not legal, and every single one of their owners and employees, and all religious participants are ever increasingly more vulnerable to exposure, and accountability.

Consumers have become bolder that their payment means total accountability for what consumers paid for. Consumers are less likely to keep to their place, do as they’re told and keep their opinions to themselves.

Today’s governments, businesses or religions that dismiss or ignore consumers do so at their own risk. The Internet is free at public libraries, free at many businesses and free to anyone that wants to crawl on to it from a nearby wireless connection. Consumers of these goods and services more often than not relate bad experiences over good experiences. Exercising their freedom of speech rights where legal and illegal in other countries, they not only spell out and link the offending business’ name and location, but also the offending employees and/or owner’s names and locations. They spell out in great detail, and link with supporting documentation, their complaints.

I am glad to see “Gone are the days where settings from Auschwitz to Abu Ghraib contaminated in isolation both superiors and subordinates.” I am glad “the Internet is real-time exposure forcing attention, and repercussions.” I am glad “The result has been an increase in holding others accountable, just saying no and exposes.”

Governments, schools, teachers, businesses, attorneys, judges, Realtors, home loan lenders, doctors, mechanics, hospitals, religions, etc. should be “relentlessly interviewed, closely monitored, increasingly resisted, and constantly scrutinized.” “Online exposes and nastiness” happen for a reason.

Reasons like bad customer service or injustice. “As the realization sinks in that the Internet is also a real time conduit of ones’ reputation,” customer service will be deliberately forced to get only better.

I have come to the recent conclusion that the Internet has made the Better Business Bureau a dinosaur. The BBB does not publish what the complaint is, and without that, the complaint is useless. Complaints made to the BBB about businesses not providing goods and services as advertised or legally required, bar associations about lawyers lying and taking client’s money but not doing what they were paid to do, Realtor associations about Realtors clearly violating written ethics rules, ethics committees, commissions, etc. should not be private. Instead, all should be public.

That’s another reason why there is an increase on the Internet of complaints and exposes. Too often, ranks have closed in around an offending member and protected them rather than hold them accountable. Or worse, the accused makes threats against the complaintant and witnesses, or bribes are offered by the accused and accepted by the investigator(s), prosecutors and/or judges.

The Internet is the medium to not only expose the offending member, but also these cover ups by those paid to investigate, judge and punish offenders.

Public records are public to protect the public. That’s why our publicly elected officials voting records are public. That’s why publicly elected officials can only have public meetings “putting their opinions and conclusions easily available to everyone.” That’s why all complaints, investigations and outcomes should be public.

As MadMax wrote, “Remember, we have a legal system, not a justice system.”

I'll always give you the benefit of the doubt. If I didn't, what does that say about me and my ethics? Craig B

Countrywide is not doing the required homeloans because of the origination fees they make off the refinance loans for the loans they should never have put us into in the first place.

Sheryl Christensen of Countrywide in Reno, NV, can you spell MORTGAGE FRAUD? Sure you can. The one with the 30-year Federal felony and $1 million fine per occurrence. Remember me Sheryl? The one your Ferrari-Lund Real Estate buddies referred to you. The one that did three purchase with you from Spring 2003 to Fall 2005 for a total of six loans. The one that you created that first rental agreement for the house I was selling through your Ferrari-Lund Real Estate buddies. You were then with Wells Fargo on Kietzke Lane. You told me that your manager, James Elvick had told you to do that when the underwriter conditioned for either the sale of that house or a rental contract of that house. It was faster for you to create that rental contract than it was then to sell the house. I had never been a landlord nor did I have any intention of ever becoming one. Your rental contract worked. I moved into my new home. I never did rent my previous home as your Ferrari-Lund Real Estate buddies listed it the morning after close of escrow on my new home. A bit of a financial hardship for me making both payments, but the market was starting to heat up and it sold in six months. You put me on that 100% 80 Heloc-20 Heloc that you sold me on that I “could just write a check out of as the property appreciated.” Use my home as a checking account you extolled. I’m sure now Wells Fargo was paying you a bonus to push that product. You sure quickly glossed over the details about that product. I naively made the mistake of assuming that what you told me was the same as what was in that paperwork in very small print that you mailed to me. I didn’t know until much later that your 100% 80 Heloc-20 Heloc was a bullet to my head.

Then your Ferrari-Lund Real Estate buddies told me I “should buy another property and flip it for a quick buck.” I had zero cash but your Ferrari-Lund Real Estate buddies told me “Sheryl’ll show you how to do it.” Sheryl certainly did. Sheryl, the Pusher, created another rental contract on my home and put on the loan I was moving into the new property. Again, I had no intention of being a landlord, and in this case, of moving. That property was flipped, but the next year during tax filing, after all the loan fees to you, the real estate commissions buying and selling, the income tax prep fees, and the capital gains taxes since the loan paperwork had it as an owner occupant which wasn’t exempt since I’d just taken the exemption on my other home, since my tax preparer wisely disclosed to me what tax fraud is, its consequences and that she wasn’t participating in it, I’d made a grand net profit of minus $9,872. At the time though, I hadn’t yet learned all that. Or that the only ones that made money off that deal was you and your fellow Pusher Ferrari-Lund Real Estate buddies. In fact, it turned out, you and your Ferrari-Lund Real Estate buddies made a lot of money of that deal. In stocks, what you and your Ferrari-Lund Real Estate buddies were doing is known as churning. The deal was done for your benefit, not mine. I still didn’t yet know that though.

So you and your Ferrari-Lund Real Estate buddies had me do another one exactly like the previous one. But the market, unknown to me, had peaked and was collapsing. No flipping in that market. I lost that house in foreclosure soon after my tax preparer broke all the bad news to me of what you and your Ferrari-Lund Real Estate buddies had aggressively tricked me into.

My tax preparer also broke more bad news. The IRS is one of the few hiring. The IRS is hiring
So they can go back and audit loan files such as yours. They’re looking for declarations of rental status then matching that up to the borrower’s income tax returns. No rental income tax income declared and the IRS hauls the borrower in for an audit. In my case, there was no rental income, but my tax preparer says I won’t be believed since my loan documents, with my signature, say different. My six Deed of Trusts recorded at the Washoe County Recorder’s Office clearly has owner occupant on all those turns out were fraudulent loans you did for me. So I’ll be assessed taxes and penalties for rental income that I never received on three properties. I may even be facing criminal charges. My recourse will then be to sue you and Wells Fargo and Countrywide and your Ferrari-Lund Real Estate buddies and Ferrari-Lund Real Estate for the MORTGAGE FRAUD I didn’t know then you and they then were doing. MORTGAGE FRAUD, you know, that creating and/or providing false information to a lender. Which I have since learned is also an NRS 645 violation for Ferrari-Lund Real Estate.

My tax preparer is convinced once the IRS gets to me I’m screwed. I’m not going down alone. I hear the FBI and Nevada AG is also hiring to go after the MORTGAGE FRAUDSTERS. If the IRS comes after me, I’m going to the FBI and Nevada AG and telling them everything. I know you’ll then say to them what you said to me, that your manager, James Elvick had told you to create a rental contract when the underwriter conditioned for either the sale of that house or a rental contract of that house. Elvick will of course deny he said that. I’ll have your loan records and Ferrari-Lund’s real estate records subpoenaed and since you and/or your Ferrari-Lund Real Estate buddies created the false rental contracts, they’re not in my handwriting.

My home? Well, I finally met an honest loan officer and she, a veteran herself, refinanced me into the loan you really didn’t want to do for me, my 30 year fixed VA loan.

A Loan Officer died. When he met St. Peter at the Pearly Gates, he presented himself for admittance to Heaven.

Peter said, “Well, you did a lot of good helping people get homes and you also donated a lot to charity. You even worked with Habitat for Humanity. But you told too many “little lies” to the underwriters and were very rude and unkind to both your processor and office staff.

Because we aren’t sure where you’re going to fit in best, we’ve decided to give you tours of both Heaven and Hell and let you decide where you feel most comfortable.”

In Heaven, the Loan Officer really liked the streets paved with gold and the big mansions, but he found all the harp music to be a bit irksome.

When he toured Hell, he saw that everyone had their choice of playing tennis or golf, chilling by the pool smoking and drinking, or playing cards and dancing in the clubhouse. He said to St. Peter “This is a hard choice! Can I sleep on it?”

When they asked him the next morning, he begged, “Oh please send me to Hell!”

When they opened up the doors of Hell, it had completely changed! It was the stereotypical Hell of torture, fire and brimstone. It was so hot and horrible with people burning and screaming!

Hey this is not what you showed me yesterday!!” the Loan Officer accused, tears and sweat pouring down his face.

St. Peter had a cold and abrupt reply: “I know. Pity you didn’t ‘lock it in’ yesterday.”

Albert Einstein dies and goes to heaven only to be informed that his room is not yet ready. "I hope you will not mind waiting in a dormitory. We are very sorry, but it's the best we can do and you will have to share the room with others" he is told by the doorman.

Einstein says that this is no problem at all and that there is no need to make such a great fuss. So the doorman leads him to the dorm. They enter and Albert is introduced to all of the present inhabitants. "See, Here is your first room mate. He has an IQ of 180!"

"That's wonderful!" says Albert. "We can discuss mathematics!"

"And here is your second room mate. His IQ is 150!"

"That's wonderful!" says Albert. "We can discuss physics!"

"And here is your third room mate. His IQ is 100!"

"That's wonderful! We can discuss the latest plays at the theater!"

Just then another man moves out to capture Albert's hand and shake it. "I'm your last room mate and I'm sorry, but my IQ is only 80."

Albert smiles back at him and says, "So, where do you think interest rates are headed?"