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Held Hostage by a Home: The Right to know WHO owns your Note

livinglies.wordpress.com | August 14, 2016

For 13 long arduous years I have fought off a loan servicer who has no standing.

I have filed bankruptcy 3 times to stop the sale of my home. I have spent every dime of my retirement and every expendable dollar fighting a servicer to get an answer to one very simple question: Who OWNS my NOTE? 

It should not cost over 100k, decades of your life, and utilizing every state and federal court to get an answer to a very simple question regarding ownership.  But this is the way the foreclosure game is played- through attrition and exhaustion- the bank steals your home.

The circuit court ruled in favor of a servicer who had no documentation that they owned my loan.  The only Note was in the name of an originator that was dissolved years before.   There is no evidence that my note was ever transferred.  There is no documentation as to who owns my Note- but surely the servicer should know since they were forwarding my payments to someone?  Or are they simply unjustly enriching themselves?

The dishonorable judge ruled in favor of the servicer because they presented an affidavit from an "employee" with no personal knowledge to swear the debt was valid.  The employee had already been found of perjuring himself in another case, but my attorney failed to attack his testimony as unreliable or hearsay.

My attorney knew better.  A seasoned attorney does not allow false testimony that should be challenged as hearsay to stand unrebutted.   If I had to guess I might think that my attorney deliberately sabotaged my case.  I can only speculate.  My attorney did all the "right" things to ensure there was no malpractice case, but ultimately I believe he was compromised.

I paid another attorney to appeal the case.  He thought my case was a slam dunk win because the servicer had never proven standing and was relying on an unendorsed Note in the name of a defunct company to foreclose.  The appeal court couldn't be bothered.  For 12k and a six month wait I received a ruling from the appeal court that said, "The court of appeals has ruled that we will not review your case."

So here I am 13 years later.  I have had a servicer claim they are the owner, lender, holder in due course, holder, creditor and a servicer.  Despite twenty or more Qualified Written Requests, the servicer has refused to disclose who they are servicing the debt for.   In the last year, after 12 years of litigation, the servicer now began calling themselves a servicer and Fannie Mae the owner.

Fannie Mae is not on the note and there are no assignments to any party but the originator (who was dissolved in 2003).  Fannie Mae, by its own admission, is only a guarantor for a pool of loans.  Fannie Mae has refused to answer any of my requests asking if they own my loan.  I have been stonewalled at every juncture.   And yet, all of these entities are demanding payment without having to show proof that they own my loan or if there is a true creditor.

In the past year, when all appeared lost, my servicer handed me a gift.   Out of the clear blue, an unendorsed Note in the name of a defunct entity, magically received an endorsement!  The servicer,  knowing that the new foreclosure rules required a servicer to possess a note that is endorsed in blank, likely decided they would need a Note endorsed in blank- so they  simply added one!

I immediately contacted the person whose name "endorsed" the mortgage note and asked them if they had endorsed my Note in the past year.  I was told no.  I asked them if they had endorsed notes since the note was originated, and I was told no they had not.  I asked them if their job title was correct- and I was told no- they had not been a vice president for that company in the past 13 years.  Lastly, I asked if the signature looked like their signature and I was told, "No, it looks like a copy of my signature."

With evidence that someone from the servicer had forged an endorsement on the Note, I contacted a respected forensic document examiner who ran the note through his proprietary software system.  The Note with the endorsement was composed of numerous jpeg images that had been haphazardously arranged to create the appearance of a Note.  Furthermore, the endorsement was pulled from an unknown document as well as the signatures of my husband and I.  The servicer is still claiming to have the original note in its possession (but of course they will not let me view the Note).

With concrete evidence of fraud, I immediately contacted the Attorney Generals in three states, including Florida.  Two AG's acknowledged my letter but failed to take action, and the Florida AG didn't bother to respond.  I contacted the FBI, local law enforcement, the CFPB, O.C.C., Department of Justice and FTC.  Not one agency replied.  No law enforcement agency cares that a well-known bank is committing fraud, forgery, perjury or counterfeiting securities.

I am now in federal court.  I am fighting for you. I am fighting for everyone who has been victimized by a loan servicer who commits blatant fraud.  I am fighting for those of you who have had an attorney deliberately sabotage your case, and I am fighting against the courts who no longer enforce the laws of this country.

If I could look deep inside my crystal ball I would say that in the end, the federal court will find that the servicer does not have, and never had, standing to foreclose.   Because of this fraud, my life and the lives of my children have been decimated.  My greatest mistake was deciding to fight back.  If I could go back I would leave the keys on the counter and never look back.  What I thought would be settled within a year or two at the most- will likely go on for anther 3 to 5 years.

Likely, the servicer will try to settle out of court with a paltry financial offer and a confidentiality agreement.  In truth, the servicer has stolen 13 years of my life and I will likely carry the resulting trauma to my grave.  There is no financial award that can compensate me for the harm they have caused me and my family.

The servicer has illegally sold my home (and had to rescind the sale), they have broken into an occupied home, shut off my utilities, stole my personal belongings, and lied to the courts. They have forced me into bankruptcy three times (with no other debt).  They have likely "gotten" to my former attorney (who has been unable to explain why he would allow hearsay testimony to stand unchallenged).  The judges in my case have knowingly violated the law and therefore have no immunity should I decide to pursue action against them.

Even worse- is that the servicer has decimated my faith in the legal system, my fellow man, and my government.  There are approximately 20 million Americans who have had similar experiences and no longer trust their elected officials, banks, or the financial system.  The result has long-term economic repercussions.  Many victims of foreclosure will never borrow again after what they have endured.  They will resign themselves to be life-long renters.

This experience has changed me irrevocably.  I am broken.  But I will be damned if I don't get to the bottom of who owns my damn note.  Mark my words.




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CFLA was founded by the Nation's Leading Foreclosure Defense Attorneys back in 2007 to serve the Foreclosure Defense Industry and fight pervasive Bank Fraud. Since opening our virtual doors, CFLA has rapidly expanded to become the premier online legal destination for small businesses and consumers. But as the company continues to grow, we're careful to hold true to our original vision. For us, putting the law within reach of millions of people is more than just a novel idea—it's the founding principle, just ask Andrew P. Lehman, J.D.. With convenient locations in Houston and Los Angeles, you can contact Our National Account Specialist and General Manager / Member Damion W. Emholtz at 888-758-2352 for a free Mortgage Fraud Analysis or to obtain samples of work product, including cutting edge Bloomberg Securitization Audits, Litigation Support, Quiet Title Packages, and for more information about our Nationally Accredited and U.S. Department of Education Approved "Mortgage Securitization Analyst Training Certification" Classes (3 days) 24 hours for approved CLE & MCLE Credit (Now Available Online).

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