Pegasus Research Consortium

General Category => General Discussion Area => Topic started by: thorfourwinds on December 22, 2013, 10:27:56 PM

Title: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: thorfourwinds on December 22, 2013, 10:27:56 PM
(http://www.thelivingmoon.com/gallery/albums/userpics/10005/zombi_mortgagesLOGOS.jpg)


Greetings of the Season, Loved Ones of Planet Earth:


Pssst...wanna buy a house?   :P


We are in the most important fight of our lives - the fight for liberty from wealthy home-stealing tyrants, i.e., Goldman Sachs, HSBC Bank, Litton Loan Servicing and Ocwen Loan Servicing, who have turned on America's homeowners as the unwary quarry for an ongoing hostile takeover aimed at disenfranchising hardworking Americans by stealing the most prized and hardest-to-acquire possession of their entire lives - their home.

We are personally caught up right in the middle of the robo-signing mortgage securitization scandal here at our lovely home and the bank appears to have the upper hand (until the magistrate views the following information) through skullduggery, criminal, unethical and blatantly illegal means.

ThIs sucks big time, as we have played 'by the rules' and countered every unethical, immoral and illegal move on the Bank's part with timely, legal foreclosure-stopping documents, all of which go unanswered to this day, but prevented foreclosure sales four times.   :P

And yet, at this time, our fate is literally in the hands of a Rabun County magistrate - one I do not know personally.  :P

How can those unethical banksters and real estate moguls continue to steamroll us innocent homeowners and suffer no consequences when not complying with 'The Law' when confronted with theoretically Homeowner Rights issues?

MERS is nothing more than a tax evasion scheme concocted by criminal bankers and a very clever attempt to take over the promissory note portion of the national land record.

It is an aggressive tactic by a formidable enemy.


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/home-foreclosures1.jpg)


Case in point: our lovely home, lovingly termed the 'Rabun Mothership.'

We paid $185,000 in 2005 and it is on the market today in Atlanta - before final disposition in the courts - for $96,170.

Please, somebody friendly, buy the Rabun Mothership and we will buy it back from the investor (group?) for $125,000...

It appears that our lovely home has generated some interest...six million, five hundred forty thousand results in the bing search...:P

WTF?


           
(http://www.thelivingmoon.com/gallery/albums/userpics/10005/bing_215_SEARCH6millionCrossHairs.png)


Sheer bewilderment.   :P

Is it perhaps our mentors or past relationships that are noteworthy enough to make our home a "National Place of Significance"?

Thomas Banyacya? Archie Fire Lame Deer? Russell Means? Hunter Thompson? Jane Fonda? Zorgon?

Or more probably our stellar stories on the journalist's hangout, Muckrack.   :P


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/tfw_bing_search_prelude.png)


Muck Rack is where journalists and sources connect.

Thor Anderson on Muck Rack (http://muckrack.com/thorfourwinds)muckrack.com/thorfourwinds

Thor Anderson's Journalist Portfolio on Muck Rack (http://muckrack.com/thorfourwinds/portfolio/list)
   

We added a photo to this flyer for dramatic effect, as SEARCH REALTY had none.  :P


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/216_SEARCH_Realty_compositeFOTO.png)



(http://www.thelivingmoon.com/gallery/albums/userpics/10005/Public_Record_Property_Details.png)


We thinks we will need a competent attorney when this gets kicked up to Federal Court where we sue for $25 million.   :P    ;)

Here's the latest filings by us in the three-year struggle to keep our lovely home out of the clutches of the nefarious, unethical, immoral bankers and Wall Street white collar thugs.

Is there any wonder that there appears to be no teeth in the laws that supposedly protect we American citizens from this sort of predatory lending?

Obviously not, as my Complaint to the Inspector General, David Montoya, of HUD (by Certified Mail, of course), is still unanswered to this day.


Here are the salient points we presented to the magistrate for consideration before the rendering of a decision for 7-day eviction notice or allowing the case to go before a Federal judge and jury... which is exactly what we have been praying for since this travesty began.   :P


Speaking of wolves guarding the chicken coop, check this out.    :o

(http://www.thelivingmoon.com/gallery/albums/userpics/10005/Crony_Capitalism_US_Style.png)


Immediately following is our answer to HSBC's Demand For Premises, which completely derailed the Home Loan Modification process that we were in the middle of with the loan servicer, Ocwen Loan Servicing LLC.    :P

(http://www.thelivingmoon.com/gallery/albums/userpics/10005/ansAffirmDef1.png)

(http://www.thelivingmoon.com/gallery/albums/userpics/10005/ansAffirmDef2.png)



Now for the evidence.    ;D


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/openingLetterPg1.png)


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/openingLetterPg2.png)

(http://www.thelivingmoon.com/gallery/albums/userpics/10005/openingLetterPg3.png)


Reference material:

(http://www.thelivingmoon.com/gallery/albums/userpics/10005/DustinRollins_vs_MERS.png)

(http://www.thelivingmoon.com/gallery/albums/userpics/10005/Introduction.png)



(http://www.thelivingmoon.com/gallery/albums/userpics/10005/Foreclosures111110.jpg)


We offered the following documents:

(http://www.thelivingmoon.com/gallery/albums/userpics/10005/Aff_of_TruthPg1.png)

(http://www.thelivingmoon.com/gallery/albums/userpics/10005/Aff_of_TruthPg2.png)



(http://www.thelivingmoon.com/gallery/albums/userpics/10005/26dec12_DisputeOfDebt_NOD.png)



(http://www.thelivingmoon.com/gallery/albums/userpics/10005/26dec12_GoodFaithDiscovery_VerificationProofPg1.png)

(http://www.thelivingmoon.com/gallery/albums/userpics/10005/26dec12_GoodFaithDiscovery_VerificationProofPg2.png)



(http://www.thelivingmoon.com/gallery/albums/userpics/10005/28Feb13_RequestForAdmissions-Good2BVerification.png)



(http://www.thelivingmoon.com/gallery/albums/userpics/10005/28Feb13_DemandToPostpone_WNCW.png)



(http://www.thelivingmoon.com/gallery/albums/userpics/10005/28Feb13_NoticeFraud_IntentLitigate-WNCW1.png)

(http://www.thelivingmoon.com/gallery/albums/userpics/10005/28Feb13_NoticeFraud_IntentLitigate-WNCW2.png)



This is the MERS (http://en.wikipedia.org/wiki/Mortgage_Electronic_Registration_Systems) document claiming the right to foreclose on our lovely home - proven blatantly illegal whenever contested in court in most states.   :P

(http://www.thelivingmoon.com/gallery/albums/userpics/10005/218_mers1a.jpg)

(http://www.thelivingmoon.com/gallery/albums/userpics/10005/218_mers2a.jpg)

(http://www.thelivingmoon.com/gallery/albums/userpics/10005/218_mers3_signaturesa.jpg)

(http://www.thelivingmoon.com/gallery/albums/userpics/10005/218_mers4a.jpg)



We are working with these fine folks... 8)

(http://www.thelivingmoon.com/gallery/albums/userpics/10005/Assignment_Detective.png) (http://www.assignmentdetective.com/)


Riddle me this:

In a letter dated March 23, 2013, Ocwen Loan Servicing LLC serves notice to us that they have "acquired the servicing rights to your loan on March 3, 2013 from Litton Loan Servicing."

And 'sold' our home just two days later - March 5, 2013.

Interesting, in light of the fact that what triggered the RESPA QWR (http://en.wikipedia.org/wiki/Real_Estate_Settlement_Procedures_Act) on December 25, 2011, were invoices from Ocwen and Litton at the same time previously in 2011.

How is that possible?

Obviously, one of these diametrically-opposed written statements is false, as are many others made by Ocwen, et al, over the ensuing YEARS!

So, since letter highlights another outright prevarication, it lends credence to the many other accusations of prevarication we have made throughout the 'loan modification' process/scam with these unethical scumbags.


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/ocwen_service_rights_3march13-640.jpg)



We even went so far as to address our concerns in the form of a complaint to David A. Montoya, Inspector General, US Department of Housing and Urban Development (HUD), regarding predatory lending and Ocwen's continued misrepresentations and false statements, concealment and/or misrepresentation of material facts in connection with the foregoing Mortgage and/or Note; conduct of the Plaintiff and/or Plaintiff's predecessor in interest which violated the obligation of good faith and fair dealing and fraudulent and deceptive practices in connection with the execution, transfer and/or enforcement of the Mortgage and/or note and Wrongful Attempted Foreclosure and violation of the Real Estate Settlement Practices Act ("RESPA"), 12 U.S.C. § 2601, et seq. against Ocwen, violation of the Florida Consumer Collection Practices Act ("FCCPA"), Section 559.55, et seq. Florida Statutes, against Ocwen; and violation of the Truth in Lending Act, 15 U.S.C. § 1601, et seq. against Ocwen and Loan Owner.


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/montoyaPg1.png)

(http://www.thelivingmoon.com/gallery/albums/userpics/10005/montoyaPg2.png)

(http://www.thelivingmoon.com/gallery/albums/userpics/10005/montoyaPg3.png)

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(http://www.thelivingmoon.com/gallery/albums/userpics/10005/montoyaPg5.png)

(http://www.thelivingmoon.com/gallery/albums/userpics/10005/montoyaPg6.png)



This is the original RESPA Qualified Written Request dated 25 December 2011 (almost two years minus a couple of days   :P   that is still ignored and unanswered to this day.   :P


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(http://www.thelivingmoon.com/gallery/albums/userpics/10005/Picture_14.png)

(http://www.thelivingmoon.com/gallery/albums/userpics/10005/Picture_15.png)



So much for those "Homeowner Rights."   :P

We gave it our best shot and no matter how often the opponent cheated, we never once strayed from honorable intentions, ethical behavior and everything we did based in integrity and unconditional love.    :-*   ;)

Thank you for your time and consideration.


(http://www.thelivingmoon.com/43ancients/04images/Bluebird/lg50aa500a.gif)

thorfourwinds
Peace Love Light
Liberty & Equality or Revolution

FUKUSHIMA FALLOUT CLOCK
Elapsed Time since March 11, 2011, 2:46 PM - Fukushima, Japan (http://www.timeanddate.com/countdown/generic?iso=20110311T1446&p0=2155)

"In a time of universal deceit
telling the truth is considered a revolutionary act."

George Orwell




(http://www.thelivingmoon.com/gallery/albums/userpics/10005/TeamRabun_Merry_Happy_2014_purple.png)


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/baby_have_idea-400.png) (http://www.thelivingmoon.com/forum/index.php?board=194.0)

Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: undo11 on December 22, 2013, 11:32:58 PM
i wonder if the person buying it could force them to provide the actual title/deed not a photocopy
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: A51Watcher on December 23, 2013, 12:08:55 AM


http://www.opb.org/news/article/oregonians-will-benefit-from-mortgage-servicer-settlement/ (http://www.opb.org/news/article/oregonians-will-benefit-from-mortgage-servicer-settlement/)


"...Ocwen failed to accurately apply mortgage payments made by borrowers;

that it charged unauthorized fees;

and it provided false information to customers."


Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: thorfourwinds on May 31, 2014, 04:05:48 AM
(http://www.thelivingmoon.com/gallery/albums/userpics/10005/218_Mortgage_Crisis_graphic.jpg)



Three days after the 'foreclosure sale' to HSBC Bank, we receive this 'Cancellation of Debt' from Ocwen in the amount of $83,841.87.

That's quite a surprise, considering that an 'Administrative Notice' dated 19 November 2012 stated that the 'payoff Quote' was $193,564.57.

That amount was questioned in our 26 December 2012, "Dispute of Debt and Notice of Default."

We have not received an answer to that document to this date...so much for 'Homeowners' Rights.'   :P


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/8mar13_ocwen_cancellation_debt_.jpg)


This is where it all started THIS time.

We were in the middle of a loan modification with Litton when the note was sold to Ocwen...all culminating in this DEMAND.

THIS IS OUTRIGHT GRAND THEFT!

When we started this a couple of years ago, there were 1,580 Rip-off Reports (http://www.ripoffreport.com/reports/specific_search/ocwen) on Ocwen...today, 2,166!

Reading these heart-rending pleas for help will make one wonder WTF?

Is anyone watching/regulating these thieving bastards?

OBVIOUSLY NOT, as ALL of our pleas went unanswered.   :P


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/1aug1_maner_DEMAND-3~0.jpg)


And our answer.

(http://www.thelivingmoon.com/gallery/albums/userpics/10005/10aug13_maner_answer-1of4.jpg)

(http://www.thelivingmoon.com/gallery/albums/userpics/10005/10aug13_maner_answer-2of4-.jpg)

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(http://www.thelivingmoon.com/gallery/albums/userpics/10005/18dec13_judgement_writ_possession1of2.jpg)

(http://www.thelivingmoon.com/gallery/albums/userpics/10005/18dec13_judgement_writ_DVaughn_Sign_2of2.jpg)



(http://www.thelivingmoon.com/gallery/albums/userpics/10005/26dec13_Recap_Letter_1of2.png)

(http://www.thelivingmoon.com/gallery/albums/userpics/10005/26dec13_Recap_Letter_2of2.png)



(http://www.thelivingmoon.com/gallery/albums/userpics/10005/26dec13_noticeOfAppeal.jpg)



(http://www.thelivingmoon.com/gallery/albums/userpics/10005/31jan14_18-RULE_NISI.jpg)



(http://www.thelivingmoon.com/gallery/albums/userpics/10005/31jan14_motionto_CompelPayment_of_Rent1of2.jpg)

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(http://www.thelivingmoon.com/gallery/albums/userpics/10005/17jan14_maner_motion_summary_judgement_1of6_.jpg)

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(http://www.thelivingmoon.com/gallery/albums/userpics/10005/17jan14_mcKinney.jpg)

(http://www.thelivingmoon.com/gallery/albums/userpics/10005/17jan14_maner_motion_summary_judgement_4of6_.jpg)

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(http://www.thelivingmoon.com/gallery/albums/userpics/10005/17mar14_summaryJudgement_Granted.jpg)



(http://www.thelivingmoon.com/gallery/albums/userpics/10005/21april14_order_writPossession_.jpg)



(http://www.thelivingmoon.com/gallery/albums/userpics/10005/28may14_answer-1of2.jpg)

(http://www.thelivingmoon.com/gallery/albums/userpics/10005/28may14_answer_2of2_.jpg)



(http://www.thelivingmoon.com/gallery/albums/userpics/10005/28may14_order_temp_stay1of2.jpg)

(http://www.thelivingmoon.com/gallery/albums/userpics/10005/28may14_order_temp_stay2of2_.jpg)

It appears we are in need of a competent attorney...that will work on the if-come... half of $25 million interest anyone?    :P
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: Fruitbat on May 31, 2014, 12:02:52 PM

Thor, I have won all of my cases that went to court, and most people never get me into court if they try.

Although the laws and details of how it is practiced are different, I believe the basic principles that serve me well may be of use to yourself. These are those principles.

1. It is the MASTER who asks the questions.
2. It is the squeaky wheel that gets the grease.
3. It IS personal. Always find out the NAME of your opponent, and the name of his or her boss. "Take it to the top" whenever possible.
4. The law is simply a game, with millions of rules that favour the people for whom the game was set up. Get yourself a copy of the rules, and read as many as you can. You are looking for ways of making the fight asymmetrical. Find questions to ask that cost you one sentence to ask but six pages to answer.
5. Integrity is a powerful weapon. Stick to the truth. Never threaten an action that you haven't fully envisioned carrying out. Expose every lie and inconsistency no matter how trivial in your opponents case.
6. Even if you are clearly going to lose, keep fighting. Make any victory that your opposition might seemingly obtain turn to ashes in their mouth. Be AWKWARD at every possible turn.

If you lived in my country I could help you more with practical methods to fight. We have a data protection law here that says that if you submit what is called a data "subject access request" you opponent HAS to answer that request and for a fixed low fee. By careful selection of the questions and of course the follow up questions you can tie up vast resources, I am told. And when they get tired of answering then you can launch a low cost lawsuit of your own targetting the people who are suing you. Here in the UK, IF I sue someone who lives in london in my local court in birmingham. It will cost me far less in monetary cost to bring the case than it will cost them to travel 120 miles up here to answer it... I am about to use all these techniques serially on an insurance company, that has cheated my girlfriend. I may lose my case, but it will cost them far more to fight it than they gained from cheating me.

All we peons can do really is resist and withdraw our consent. Individually it counts for little, but collectively it counts for  a lot. when (like I have) You discover how little stomach even the biggest opponents have for the fight against a determined and implacable opponent then don't be content with having won, spread the word, as I am doing here and now.

Hope this helps. Even the animals don't have to fight to keep their home every single day, but "wage slaves" do. Every single day! It's not right, and there needs to be change.

Fruitbat.
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: Littleenki on May 31, 2014, 12:20:13 PM
Fruitbat, perhaps Moses shouldve added these to his list of commandments, mankind would be amply farther along ethically speaking.

1. It is the MASTER who asks the questions.
2. It is the squeaky wheel that gets the grease.
3. It IS personal. Always find out the NAME of your opponent, and the name of his or her boss. "Take it to the top" whenever possible.
4. The law is simply a game, with millions of rules that favour the people for whom the game was set up. Get yourself a copy of the rules, and read as many as you can. You are looking for ways of making the fight asymmetrical. Find questions to ask that cost you one sentence to ask but six pages to answer.
5. Integrity is a powerful weapon. Stick to the truth. Never threaten an action that you haven't fully envisioned carrying out. Expose every lie and inconsistency no matter how trivial in your opponents case.
6. Even if you are clearly going to lose, keep fighting. Make any victory that your opposition might seemingly obtain turn to ashes in their mouth. Be AWKWARD at every possible turn.

Well said mate.
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: thorfourwinds on June 01, 2014, 11:28:05 PM
And now, for something completely different ...
... timely information "to balance One"   :P

METAVISION

magnified, focused awareness for the serious student    ;)


Re-installing the Blueprint of Perfection


http://www.youtube.com/watch?v=VxQLa8aw7Rs


Galactic Federation of Light - Archangel Michael May-2014 - YouTube (https://www.youtube.com/watch?v=VxQLa8aw7Rs)

Published on Apr 29, 2014
Archangel Michael
May of 2014

"NEW RAYS OF INDIVIDUALIZED EXPRESSION"

Transmitted Through Ronna Herman (http://www.ronnastar.com/messages-aam/latest.html), LM-05-2014

Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: Amaterasu on June 01, 2014, 11:53:32 PM
Ah geez, Thor.  The evil that profit motive engenders.  May You whip Them, rip Them to shreds.  What happened to that law firm with the ladies that won other cases...?
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: thorfourwinds on June 02, 2014, 02:00:14 AM
Quote from: Amaterasu on June 01, 2014, 11:53:32 PM
[...] What happened to that law firm with the ladies that won other cases...?

Louise Hornsby has retired and Peggy Brown wants $3,500 in front to start against '5 figures.'

Tomorrow dawns another day.

Unconditional Love.    :-*
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: Amaterasu on June 02, 2014, 06:25:55 AM
That sucks.  It will resolve for the best.  [hugs!] 
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: Sinny on June 02, 2014, 03:36:14 PM
Quote from: thorfourwinds on June 01, 2014, 11:28:05 PM
And now, for something completely different ...
... timely information "to balance One"   :P

METAVISION

magnified, focused awareness for the serious student    ;)


Re-installing the Blueprint of Perfection


http://www.youtube.com/watch?v=VxQLa8aw7Rs


Galactic Federation of Light - Archangel Michael May-2014 - YouTube (https://www.youtube.com/watch?v=VxQLa8aw7Rs)

Published on Apr 29, 2014
Archangel Michael
May of 2014

"NEW RAYS OF INDIVIDUALIZED EXPRESSION"

Transmitted Through Ronna Herman (http://www.ronnastar.com/messages-aam/latest.html), LM-05-2014


Didn't realise you were into that stuff Thor..
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: thorfourwinds on June 22, 2014, 11:19:37 PM
Greetings esteemed Member Sinny:

Timing is everything.   :P

This is the message for my birthday, 18 May (1947).

http://www.youtube.com/watch?v=02lmbCLKUdc

Archangel Gabriel's Daily Messages - May 18-24, 2014 - YouTube (https://www.youtube.com/watch?v=02lmbCLKUdc)
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: Gigas on June 23, 2014, 02:46:02 AM
Perhaps an injunction to prove ownership of title can stop the process.

Another immoral theft act is occurring in Colorado and across the nation with widows having their homes stolen by foreclosure methods after the home is paid off free and clear. County governments are involved along with attorneys fleecing widows out of their homes after the patriarch passes.

Its a dirty business this world plays.
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: Shasta56 on June 23, 2014, 08:02:47 PM
We spent 18 months fighting Wells Fargo.  We finally won.  They got tired of being buried in paper.  The law firm they had handling the foreclosure made national news with their overbilling practices.

HSBC tried to get our mortgage business some years ago.  We laughed in their faces.  They were nothing but predatory lenders.

Shasta
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: thorfourwinds on October 03, 2014, 01:13:00 AM
"An aspirant on the path must focus on both outer and inner world training."


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/ever_wonder.jpg)


To bring you, Dear Reader, up to date:


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/manerHSBC_12sept14.JPG)


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/manerHSBC_12sept14-2.JPG)

2 October 2014

After I got muzzled today in Rabun County Superior Court by JUDGE RUSSELL SMITH and was not allowed to present any evidence or documents supporting my claim that the entire foreclosure proceedings and subsequent Plaintiff's actions were illegal and a travesty of justice, 'Hiz Honor' looked down his nose at me with a snarl of disdain and told me, "You need an attorney."


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/muzzeled_dog.jpeg)


When I persistently attempted to bring up facts to justify my contention that the proceedings were just another version of the on-going railroading process in the Bank's insatiable lust to steal our lovely home, the Plaintiff's son of prattlement Richard Maner repeatedly interrupted me by stating, "Your Honor, the Bank owns the property and all his protestations are moot."

When I brought up the fact that it is illegal to attempt possession of my property by selling my house during an in-process loan modification, I was completely ignored, other than the Judge telling me again that "You need an attorney."

So much for homeowners' rights.  :P


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/mousetrap_house.jpeg)

That brings us to the opposition's (HSBC BANK) claim to our lovely home, sanctioned now by the Judge who refused to hear the salient facts that would derail the Plaintiff's claim to our property. I was issued the following WRIT OF POSSESSION:

"The above case {Civil ActionFile No. 2014-CV-14S} being in default; it is hereby ordered that the lawful officer Rabun County remove the Defendants together with Defendant's property found thereon from said premises and to deliver full and quit possession to the above named Plaintiff/Landlord."


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/writ_possession_2oct14.JPG)


Seven days from date of issuance of the Writ is 9 October 2014.

WTF?   SEVEN DAYS?

Why the rush after all this time?

Hiz Honor couldn't even recall what the case was really about after taking it 'under advisement' for five months.   :P

Was there ever a consideration of Georgia law in the rush to judgement here?

QuoteIf no time was agreed by the landlord and tenant for the lease to end and a time for notice to move was not agreed; the landlord must give 60 days notice to move. O.C.G.A. Section 44-7-7 (http://www.legis.ga.gov/legis/2003_04/gacode/44-7-7.html).

Even renters are treated better than us in this case.   :P

How about the absurdity of what has to be accomplished in this short time?

Seven days to first find a place to move to with my wife, three cats, three dogs, and 11 years of memories to pack and move...all the while we both work full-time jobs...


OR...

Seven days to save our home from these would-be thieves who continue to devastate America's heartland by stealing the heart and soul and pride of homeowners through unethical, fraudulent, deceptive, deplorable and dishonorable tactics, which epitomize Wrongful Attempted Foreclosures, Conspiracy, Fraud, Corruption and possibly constitute RICO, Dodd-Frank, TILA, RESPA, and possible civil rights violations.

What strikes us odd is the fact that 'Hiz Honor' had the true facts of the case for five months as laid out previously here (above) and completely ignored each and every one of the violations of law, which he has sworn to uphold.

For a Superior Court Judge to 'conveniently overlook' the damning evidence, dating back almost four years, is quite disturbing, to say the least, IMHO, of course.    ;)


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/FBI_mort_fraud.jpg)


Add the fact that we had paid "Court Costs" (a few hundred dollars months ago) to be able to have 'our day in Superior Court' and be able to show how the mortgage scam works and how we are the victims of the king of the scammers - OCWEN... I was told by the Clerk of the Court (Holly Perry, see above documents), that the Court would issue a date and I would have my day in court and have my shot at them.

OF COURSE, THAT NEVER HAPPENED, AS 'THE FIX' WAS ALREADY IN   >:(

To add insult to injury, I was told today by the same Ms Perry that I couldn't get my money back without a Court Order, signed by the very Judge who is now complicit in this farce and who completely ignored the detailed facts convicting the OCWEN perpetrators that would derail the HSBC Bank claim to my property and subsequent DEMAND and WRIT.

This is outright Grand Theft, aided by the blind eye of this court.

How bizarre...I was taught in school that Judges were to be revered because they are 'on the side of right and righteousness,' - integrity, ethics, honor - all that stuff.

"It is their affirmative duty to see that justice is done"... but evidently not in Rabun County in JUDGE RUSSELL SMITH's court.   :P

Question please:

Is this Judge incompetent, been compromised, or just doesn't give a damn about the sanctity of his office and is showing his obvious disdain for an ordinary citizen (with neatly-tied long hair and wearing a duty firefighter T-shirt to court) attempting to fight for his rights without the involvement of an overpriced attorney that the Judge kept asserting that I needed (all of the lawyers I spoke to wanted $10,000 in front with no guarantees)... have I left anything out?

So much for a citizen's rights.   :P


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/foreclosure_actions.png)

Foreclosures are out of control in Georgia and we are caught up in the BIG SCAM.

OK, so now what?

Guess it's time to unleash the dogs of war.

First our friend, Dan Gasaway, a patriot with integrity and a disdain for unethical conduct, at any level.

(http://www.thelivingmoon.com/gallery/albums/userpics/10005/GasawayDan820.jpg)

Representative Dan Gasaway (http://www.house.ga.gov/Representatives/en-US/member.aspx?Member=820&Session=23/)
R - District 28
Atlanta, Georgia


Sam feels the same way.    ;D

(http://www.thelivingmoon.com/gallery/albums/userpics/10005/sam_olens_copy.jpg)

Sam Olens (http://law.ga.gov)
Office of the Attorney General
Atlanta, Georgia


Don feels the same way.   ;D

(http://www.thelivingmoon.com/gallery/albums/userpics/10005/BalfourDon2.jpg)

Senator Don Balfour (http://www.senate.ga.gov/senators/en-US/member.aspx?Member=2&Session=23)
District 9 - Rabun County


These fine folks took more than a keen interest in the points we raised concerning the complicit parties involved and the mass of evidence regarding predatory lending that we have accumulated through the ongoing research of this plague on the American homeowner.   ;D

(http://www.thelivingmoon.com/gallery/albums/userpics/10005/jbrittjohnson_thumb.jpg)

Special Agent in Charge
J. Britt Johnson (http://www.fbi.gov/atlanta/press-releases/2014/j.-britt-johnson-named-special-agent-in-charge-of-atlanta-division)

Georgia FBI Field Office, Mortgage Fraud
Atlanta, Georgia
http://atlanta.fbi.gov/


And these fine folks:   ;D

Ed Jennings, Jr.
Regional Administrator
HUD Regional Office
Atlanta, Georgia
Atlanta Regional Office (http://portal.hud.gov/hudportal/HUD?src=/states/georgia/working/fpm/contacts) 


And these fine folks:   ;D

Kevin B. Hagler, Commissioner
Steve Pleger, Senior Deputy Commissioner
Georgia Department of Banking and Finance (http://dbf.georgia.gov)
Atlanta, Georgia


Stay tuned... snipe hunting at its best...   :P
because everyone loves to see an ill-conceived conspiracy
implode and take out the diabolical, unethical perps preying on an unsuspecting public
    :P

(http://www.thelivingmoon.com/43ancients/04images/Bluebird/lg50aa500a.gif)

tfw
Peace Love Light
Liberty & Equality or Revolution

Hec'el oinipikte  (that we shall live)
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: ArMaP on October 03, 2014, 02:00:17 AM
Quote from: thorfourwinds on October 03, 2014, 01:13:00 AM
What strikes us odd is the fact that 'Hiz Honor' had the true facts of the case for five months as laid out previously here (above) and completely ignored each and every one of the violations of law, which he has sworn to uphold.

For a Superior Court Judge to 'conveniently overlook' the damning evidence, dating back almost four years, is quite disturbing, to say the least, IMHO, of course.    ;)
Maybe his interpretation of the law is different from your's, and, obviously, his interpretation is what counts.

PS: good luck with this case. :)
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: Amaterasu on October 03, 2014, 02:20:29 AM
Ah, geez, Thor.  I am so angry and saddened that what I feared did indeed come to pass.  Tweeting out for You!
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: Back on October 03, 2014, 09:56:01 PM
Thor

Bro that does explain a lot. Kick there butts. I wish that I could help more than cheer you on.

I want you all home safe and sound.

Talk soon
Bless
Back
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: thorfourwinds on October 03, 2014, 10:35:42 PM
Greetings Dear Reader:

FYI, this is a copy of the letter we sent to an extremely capable
(and expensive) attorney who specializes in these cases.
(colorized and annotates for presentation here    ;D)


Dear Mr 'Attorney':

Thank you so very much for taking the time to review my case.

You come highly recommended and we are desperately in need of a friendly ear to tell our story to,
because the Superior Court here refuses to recognize any of my pleas and tells me to get an attorney.

We are, and have been ignored and railroaded at every turn of events in this case.

In this Complaint, Anderson seeks inter alia, the injunction of various foreclosure and eviction proceedings, based upon the Plaintiff''s routine failure to comply with statutory prerequisites to foreclosure. Anderson also seeks a determination of the validity of numerous foreclosure sales (which we successfully derailed at the last moment by filing appropriate and timely documents, all contained above) held in violation of statutory requirements, together with damages and other relief.

Robo-signing is a crime, but it's also a cover-up for a much bigger crime, which involves MERS (http://www.ritholtz.com/blog/2013/04/states-fight-back-against-mers-mortgage-fraud/) and improper mortgage transfer and securities fraud. The robo-signed, forged, fabricated documents are the smokescreen being used to foreclose and get the real problem off the books. Banks are trying to wriggle off the hook by saying they are merely "memorializing" past actions with the fake documents.

Georgia has longstanding, statutorily prescribed non-judicial procedures by Power of Sale with minimal consumer protections for homeowners. O.C.G.A. § 44-14-162 et seq. Homes are routinely foreclosed upon pursuant to the statutory Power of Sale without a pre-foreclosure hearing.

The law is clear, however, that entities foreclosing upon homeowners must strictly comply with Georgia's statutory prerequisites to foreclosure. O.C.G.A. 23-2-114. Among other things, it is black letter law that the entity seeking to foreclose must have actual legal authority to exercise the Power of Sale.


When we questioned these activities, we were completely ignored and OCWEN filed for foreclosure, four times.

These illegal practices have been going on since December, 2011, when we filed our RESPA QWR, which is still, to this day, unanswered.

One of the more interesting documents is the one from OCWEN stating they acquired the loan on 3 March 2013, and sold it on 5 March 2013.

If this is true, then who the heck have we been harassed by since we filed the RESPA QWR and Dispute of Debt and Notice of Default to OCWEN in 2011?

In recent years, many foreclosing entities, including Plaintiffs, have dispensed with this fundamental requirement. Such entities foreclose, through their Counsel, without having first obtained proper and legally valid assignment of the mortgage and the power of sale on property they purport to foreclose.

Georgia's foreclosure process has become an undisciplined and lawless rush to seize homes. Many thousands of foreclosures are plainly void under statute and Georgia case law. Many borrowers never obtain accurate statutorily required notices, have flawed and fraudulently created assignments of title and thus are sold and, sometimes, resold without a proper chain of title.

We seek declaratory and injunctive relief concerning foreclosures conducted by entities who do not hold the Power of Sale, injunction of eviction action pending procedures to verify the validity of underlying sales, and cancellation of fees and costs for invalid sales processes and damages.

We seek such relief on our own behalf.


Here is the information surrounding this travesty including Wrongful Foreclosure Practices and Actions.

The latest info begins here.


Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes (http://www.thelivingmoon.com/forum/index.php?topic=5894.msg103787;topicseen#new)

The Court stated yesterday that the case is in default, even though the Order allegedly
entered on March 10, 2014, WAS NEVER ISSUED.

When I attempted to bring this up in Court yesterday, I was told I was out of order and 'needed an attorney.'  :P

And then the Judge accepted the Plaintiff's statement that I was in default and immediately issued a Writ of Possession, giving me only seven days to find and rent a place to live and pack my entire household in order to move, all while the wife and I have full-time jobs.

THIS IS A TRAVESTY OF JUSTICE.


QUOTE
It is now appearing that the Court entered an Order
on March 10, 2014, compelling the defendant, Thor Anderson,
to pay into the registry of the Court the sum of $800.00 per month
beginning April 5, 2014 and continuing on the same day each
successive month until further order of the Court; and

It is further appearing that the Defendant is in contempt of Court
for failing to tender funds into the Registry of the Court on or before
April 5, 2014 as so ordered: it is now hereby ORDERED that a Writ of
Possession in favor of the Plaintiff shall issue instanter.
END QUOTE

Appearances can be deceiving.   :P

See May 25, 2014 letter above.

On March 5, 2014, Anderson agreed to pay rent ordered by the Court to the Court upon receipt of the Agreement stating when such rent shall be paid.

No such Agreement was ever forwarded to Anderson, therefore, Defendant had no notice to pay, therefore, Defendant cannot be deemed in 'default.'

This should be enough to dismiss the Writ of Possession because of improper procedure.

The 28 May 2014 ORDER STAYING ENFORCEMENT OF WRIT OF POSSESSION, states that:

QUOTE
On April 21, 2014, the Court entered an Order providing that a writ of
possession issue as a result of the Defendant's failure to pay rent of
$800 per month into the Registry of the Court pursuant to an order
entered on March 10, 2014.
However, no such order appears of record.
END QUOTE

When I attempted to bring this up in Court yesterday, I was told I was out of order and 'needed an attorney.'


As I stated in Court at the previous hearing, as long as this action does not in any way give any credence to HSBC Bank's illegal claim on my property, I am willing to satisfy the Court's request that I pay the 'rent.' 

What we need here is an immediate Motion for Reconsideration of Writ of Possession to derail the illegal eviction, because the Writ was procedurally improper.

OR THE UNTHINKABLE

The emergency is that we are on a 7-day Writ of Possession that must be at least extended to sixty days to give us time to find a place to live and pack and move, IF the unthinkable happens and they are successful in stealing our lovely home.

So much for homeowners' rights, as we have been ignored at every turn of events starting with our RESPA QWR in 2011.

Thank you for your time and consideration.

Dear Sir, you are our last hope.
May God Bless.

With great respect,
Thor Anderson
706-490-4401
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: Back on October 03, 2014, 11:03:42 PM
Cant wait to see the response to that ;D

Bless
B
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: thorfourwinds on October 04, 2014, 12:07:21 AM
I had this ready to go at 4 p.m. and decided to bite my tongue
and wait until we heard from the attorney... can always file on Monday.     ;)

DRAFT ONLY - NOT PRESENTED AS YET


IN THE SUPERIOR COURT OF RABUN COUNTY
STATE OF GEORGIA
                                                                         
HSBC BANK USA, NA, as trustee for               CASE # 2014-CV-14S
Freemont Home Loan Trust 2006-D         
c/o Richard B. Maner                      
Plaintiff                                                             
                                                                       
5775 Glenridge Drive                      
Building D. Suite 100                      
Atlanta, Georgia 30328               
                               
404.252.6385 x235                  

vs.                                    

THOR ANDERSON                              
Defendant                                  
218 MERRYDALE LANE               
CLAYTON, GEORGIA 30525            
                               
706.490.4401                     


3 October 2014

NOTICE OF APPEAL
Motion for Reconsideration of Writ of Possession

Notice is hereby given that the Defendant, Thor Anderson, hereby appeals a judgment entered in the Superior Court of Rabun County.

The judgment of the dispossessory case appealed herein was entered on the 2 October, 2014.

HOWEVER:

The 28 May 2014 ORDER STAYING ENFORCEMENT OF WRIT OF POSSESSION, states that:

QUOTE
On April 21, 2014, the Court entered an Order providing that a writ of possession issue as a result of the Defendant's failure to pay rent of $800 per month into the Registry of the Court pursuant to an order entered on March 10, 2014.
However, no such order appears of record.
END QUOTE


When I attempted to bring this up in Court yesterday, I was told I was out of order and needed an attorney.

It would follow that if no such Order ever appears of record and subsequently was never issued to Anderson, Defendant could not be in default, as was so eloquently stated by the Plaintiff's attorney Richard Maner in order to sway the Court's opinion. We call that perjury in order to steal our property... what say you, Your Honor?

We can provide many more examples of previously documented perjury that are conveniently overlooked here, IF the Court is truly interested in the truth - and believes the affirmative duty of a Judge to see that justice is done.

As I stated in Court at the previous hearing, as long as this action does not in any way give any credence to HSBC Bank's illegal claim on my property, I am willing to satisfy the Court's request that I pay the 'rent.' 

What we respectfully request here now is an immediate Motion for Reconsideration of Writ of Possession to forestall the illegal eviction, because the Writ was procedurally improper and I was not at default, and, at least consideration of the fact that we would need 60 days to comply if this action is found to be legal.

It is hereby certified that the above judgment is not a default judgment for which no appeal can be made.

This 3rd day of October, 2014.

Thor Anderson

Defendant


CERTIFICATE OF SERVICE

I hereby certify that I have served the opposing party with a copy of this appeal by mailing a copy of this document to the opposing party at the address set forth above.

This 3rd day of October, 2014.

Thor Anderson

Defendant
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: thorfourwinds on October 04, 2014, 12:26:32 AM
(http://www.thelivingmoon.com/gallery/albums/userpics/10005/shellgame_MERS.jpg)

ShellGame-MERS: Contrived Confusion (http://deadlyclear.wordpress.com/2013/06/09/shellgame-mers-contrived-confusion-a-must-read/)


9 June 2013
Yesterday was spent reading a brilliant new ebook ShellGame-MERS: Contrived Confusion by retired attorney/CPA Robert Janes. Not enough can be said about this powerful paper that accurately outlines the errors of the foreclosure machine. IT IS A "MUST READ"!

Robert Janes has previously written a  book called "Fighting The Foreclosure Machine" and has a website with the same name, with great newsletters contained therein.

It is all about the UCC and the material is in regard to making the banks prove who can enforce the Note.

This is fabulous information and used in a lot of Quiet Title actions and Oppositions to Motions for Summary Judgments.  Judges are starting to listen to these arguments which is to put a stop to the fabrication of documents and fraud stemming from the "foreclosure machine."


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/fighting-the-foreclosure-machine-banner.jpg)


ShellGame-MERS: Contrived Confusion

Mortgage Electronic Registration Systems, Inc., ("MERS") is a big problem for the foreclosure machine. Its problem is your opportunity. Learn why this is so and how to use the presence of MERS to your advantage.

ShellGame-MERS: Contrived Confusion is by the author of Fighting The Foreclosure Machine. Like the book, this paper is a plain-language legal treatise. You and your attorney can use it to help your judge make the correct decision.

What you will find in this paper:
   >   Relevant history of "MERS"
   >   What MERS is and is not.
   >   How it has been misrepresented to courts.
   >   How to introduce your judge to the real MERS.
   >   Why ShellGame-MERS is the better name for it.
   >   Why the mere presence of ShellGame-MERS in the mortgage is a serious barrier to foreclosure.
   >   Examples of how to draft complaints and answers in cases involving MERS.
   >   Examples of discovery requests when MERS is involved.
   >   Methodology for challenging and discrediting claimed foreclosure rights premised on anything done in the name of MERS.

NOT LEGAL ADVICE: this paper provides information, not legal advice. Each person's circumstances and facts are unique. You and your legal advisor must determine how, if at all, this information might benefit you.

Every foreclosure defense attorney and judge hearing these cases should read this paper and research the issues and symptoms of the "MERS Blur" disease. Documents substantiating the paper can be found in the footnotes and many are accessible on http://www.doctelportal.com in the LIBRARY under the MERS (http://doctelportal.wordpress.com/library/mers/) tab.


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/cs-foreclosure-fiasco-hi.jpg)


Whether or not you are in foreclosure – these issues affect you. The foreclosure machine is a "land grab" much like the takeover of Hawai'i.

We're about to lose our rights to own properties in the most egregious and aggressive elimination of our due process protection and destruction of our Constitution.

Lili'uokalani was the last queen of Hawai'i. Born in 1838, she lived through the nearly complete economic transformation of the islands. Lucrative sugar plantations (like the banks and the elite) gradually subsumed the majority of the land, owned almost exclusively by white planters, dubbed the "Sugar Kings." Hawai'i became a prize in the contest between America, Britain, and France, each seeking to expand their military and commercial influence in the Pacific.

The monarchy (like our individual states) had become a figurehead, victim to manipulation from the wealthy sugar plantation owners (Wall Street). Lili'uokalani was determined to enact a constitution to reinstate the monarchy's power but was outmaneuvered by the U.S. government.

The annexation of Hawai'i had begun, ushering in a new century of American imperialism. This is exactly what is happening to homeowners across the United States – and it will happen to you if you don't watch out!

The takeover of Hawaii is a disturbing and dramatic story depicted with a cast of characters driven by greed, desperation, and miscalculation...

Sound familiar? How the queen lost her kingdom says as much about America and its new era of overseas expansion as it does about Hawaii. [Source: Lost Kingdom: Hawaii's Last Queen, the Sugar Kings and America's First Imperial Adventure].


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/84406_foreclosure-fraud-by-pat-bagley-salt-lake-tribune-515x371.jpg)


Now, the "land grab" has come to mainland America in a foreclosure machine meant to make a society of leasehold renters...

Why? Because it appears Wall Street and the government are without enough capital to sustain themselves and they need the land as assets – yours, mine and our family lands.

In 1993, 100 years after the overthrow, the U.S. government issued an "Apology Resolution" to the people of Hawaii. The apology did nothing to guarantee the basic rights of indigenous Hawaiians, who continue to struggle against the colonial legacy of oppression.

Is this what we want to happen 100 years from now – after it is over? After the United States is no longer a composition of individual states – but one huge land mass owned and controlled by only Wall Street, the elite and the Washington, DC government?

You need to seriously ask yourself – are you willing to allow your state to be consumed by a fraudulent foreclosure machine calculated with the intent and purpose to eliminate personal ownership in the land – so they can frack, strip the minerals, water and air rights out from under us?!

If you doubt their intentions read the news propaganda CLICK HERE (http://speakingofrealestate.blogs.realtor.org/2011/10/31/morgan-stanley-u-s-becoming-rentership-society/) and the patents.

See the patents in DeadlyClear's REMIC Armageddon on the Horizon? (http://deadlyclear.wordpress.com/2013/06/07/remic-armageddon-on-the-horizon/)
You will see Mortgage Electronic Registration Systems, Inc. is a significant instrument necessary in the land grab.

Morgan Stanley doesn't see this shift to rentership as a temporary waypoint while the country sorts out its housing problems; it sees this as a fundamental shift in how the United States will define itself into the future.

"America is moving away from a home ownership society and towards a rentership society," the company says in its 2011 report. Of course it is if the Wall Street elite have anything to do with it, given the foreclosure machine, the fraudulent use of the MERS Blur Gang and history itself.


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/mers-shell-game.jpg)


Bottom-line is that the states must wake the hell up. Wake up your legislators and your state courts. Encourage them to read of Robert Janes ebook ShellGame-MERS: Contrived Confusion. Make it the topic of your conversations at community meetings and among friends and family.

If you doubt how serious the land grab situation is – just ask any Hawaiian.

(tfw NOTE: Or Native American)   :P

Their land was taken away – and yes, they got some of it returned where they can lease it for 100 years – and then its over ... no more theirs. Do you think they have a reason to be angry? Well, that is exactly what is happening with every fraudulent foreclosure.

What can you do? You can read ShellGame-MERS: Contrived Confusion (http://www.fightingtheforeclosuremachine.com/ftfm-estore.php) and work as hard as possible to have every single MERS decision overturned.

And if your legislators are not in agreement with you it's time to replace them in the next election.
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: Amaterasu on October 04, 2014, 07:20:50 AM
A friend said this might be of help...

http://www.youtube.com/watch?v=gQ0Y_jjlCTQ

http://www.youtube.com/watch?v=gQ0Y_jjlCTQ

Did not watch it yet - but He thought maybe...
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: thorfourwinds on October 04, 2014, 03:49:04 PM
http://www.youtube.com/watch?v=kkmlrzzbeVw

The Next Housing Shock - YouTube (https://www.youtube.com/watch?v=kkmlrzzbeVw)

Published on Feb 25, 2013
http://www.fraudstoppers.org/?

60 Minutes exposes the shocking truth behind the mortgage fraud, robo-signing,
and other crimes mortgage lenders are committing.

However, it appears that no one (that has the huevos to change things) is listening.   :P

Where are the honest judges?

(http://www.thelivingmoon.com/43ancients/04images/Bluebird/lg50aa500a.gif)

tfw
Peace Love Light
Liberty & Equality or Revolution

Hec'el oinipikte  (that we shall live)
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: thorfourwinds on October 04, 2014, 07:15:34 PM
Greetings:

MERS vs. 200+ years of US property law is probably our single biggest current test of the "rule of law". Since it is difficult to move land across state boundaries (requires lots of dump trucks), it is not an obvious "interstate commerce" issue the way railroads are, so presumably the default is to leave it as a state issue to be addressed in state courts.

The big banks are trying to argue that local and state laws are largely irrelevant to them (Too Big to Care?) since the laws very clearly state that mortgages and deeds are governed by state law and are typically administered on the county level.

MERS would also be a classic example of a potential RICO litigation since it would be hard to argue against it not being racketeering and collusion between multiple large parties.

FOR THE RECORD:

In my specific case, Plaintiff HSBC Bank alleges that it is the holder in due course on the subject mortgage and note yet it is the belief of the Defendant Anderson that the note was part of larger securitization process and sold to several un-named parties and beneficial owners and any claims by Plaintiff, in the absence of the original note endorsed to Plaintiff, are a clear misrepresentation of the actual facts.

If the court were to allow the Plaintiff in this case to prevail in light of serious misrepresentation and fraud upon the court, it would result in a major injustice to the Defendant Anderson.

The Court cannot be in a position of enabling Plaintiff and its attorneys to commit material misrepresentation or felony crimes.

In fact true, the courts would open the door to incredible harm to any homeowner whose home is secured by a mortgage.

But what do I know? I'm not an attorney.   :P



(http://www.thelivingmoon.com/gallery/albums/userpics/10005/toothy_face.jpg)


States Fight Back Against MERS Mortgage Fraud | The Big Picture (http://www.ritholtz.com/blog/2013/04/states-fight-back-against-mers-mortgage-fraud/)

MERS: The Center of the Mortgage Scam

A prominent economist said (http://www.washingtonsblog.com/2010/10/at-the-root-of-the-crisis-we-find-the-largest-financial-swindle-in-world-history-where-counterfeit-mortgages-were-laundered-by-the-banks.html) about the 2008 financial crisis:


"At the root of the crisis we find the largest financial swindle in world history",
where "counterfeit" mortgages were "laundered" by the banks.


The Mortgage Electronic Registration Systems – MERS – was one of the main ways the swindle was done, and the main way in which counterfeit mortgages were laundered by the banks.

MERS is a shell company with no employees (http://www.washingtonsblog.com/2010/10/what-is-mers-and-what-role-does-it-have-in-the-foreclosure-mess-hint-it-holds-60-of-all-mortgages-but-has-zero-employees.html), owned by the giant banks.

Quote
It is the company created and owned by all of the big banks to process title to property in the U.S. Approximately 60% of the nation's residential mortgages are recorded in the name of MERS.

MERS is a shell corporation with no employees, but thousands of officers.

As the treasurer and secretary of MERS admitted (http://livinglies.files.wordpress.com/2010/08/36521121-full-deposition-of-william-hultman-secretary-and-treasurer-of-merscorp1.pdf) in a deposition:

Q Does MERS have any salaried employees??
A No.

Q Does MERS have any employees?
A Did they ever have any? I couldn't hear you.

Q Does MERS have any employees currently?
A No.

Q In the last five years has MERS had any employees?
A No.

Q To whom do the officers of MERS report?
A The Board of Directors.


MERS threw out centuries of well-established law about how real estate is transferred – and cheated governments out of many tens or hundreds of billions of dollars (http://www.washingtonsblog.com/2010/10/lawsuit-alleges-that-mers-owes-california-a-potential-60-120-billion-in-unpaid-land-recording-fees.html) in recording fees.

Matt Taibbi pointed out (http://www.rollingstone.com/politics/news/an-extremely-long-metaphor-to-explain-mortgage-chaos-20110101):

"MERS ... is essentially an effort at systematically evading taxes ... and hiding information from homeowners in ways that enabled the Countrywides of the world to defraud investors and avoid legal consequences for same."
***
MERS was at least in part dreamed up by Angelo Mozilo of Countrywide.
***


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/MERS-Forgery-ssMaster.jpg)


For those of you wondering why so many localities are broke, here's one small factor in the revenue drain. Counties typically charge a small fee for mortgage registration (http://journal.firsttuesday.us/counties-accuse-secretive-mers-of-circumventing-recording-fees/), roughly $30.

But with MERS, ... you don't need to pay the fee every time there's an ownership transfer. Multiply that by 67 million mortgages and you're talking about billions in lost fees for local governments (some estimates place the total at about $200 billion).

Outrageously, MERS actually marketed itself to its customers as a way to save money by avoiding the payment of legally mandated registration fees.

Check out this MERS brochure from 2007 (http://www.mersinc.org/membership/WinZip/commercialapplicationkit2007.pdf). It brags on the face page about its fee-avoiding qualities ("MINIMIZE RISK. SAVE MONEY. REDUCE PAPERWORK") and inside the brochure, in addition to boasting about helping clients "Foreclose More Quickly," it talks about how clients save money because MERS "eliminates the need to record assignments in the name of the Trustee."

All of this adds up to a system that enabled the mortgage industry to avoid keeping any kind of proper paperwork on its frantic, coke-fueled selling and re-selling of mortgage-backed securities during the bubble, and to help the both the Countrywide-style subprime merchants and the big banks like Goldman and Chase pull off the mass sales of crappy loans as AAA-rated securities.


Harper's reported:

"What's happened," said Christopher Peterson, a law professor at the University of Utah who has written extensively about MERS, "is that, almost overnight, we've switched from democracy in real-property recording to oligarchy in real-property recording."

The county clerks who established the ownership of land, who oversaw and kept the records, were democratically elected stewards of those records, said Peterson. Now a corporation headquartered outside Washington, D.C., oversaw the records. [color= orange]"There was no court case behind this, no statute from Congress or the state legislatures,"[/color] Peterson told me. [color= orange]"It was accomplished in a private corporate decision. The banks just did it."[/color]

Peterson said it was "not a coincidence" that more Americans than at any time since the Great Depression were being forced out of their homes just as records of home ownership and mortgages were transferred wholesale to a privatized database.


The Securitized Sausage Maker


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/suasage_maker.JPG)


MERS was also the engine which allowed securitization of mortgages.

Bloomberg reported (http://www.bloomberg.com/news/2010-10-19/u-s-electronic-mortgage-registry-comes-under-fire-in-foreclosure-crisis.html):

MERS played a key role in the bundling of mortgages into securities that reached a frenzy before the economic decline of 2008, critics including Grayson of Florida said. It allowed banks to sell and resell home loans faster, easier and cheaper, he said.

"MERS is the central device by which the banks have tried to opt out of the legal system and the real-property record system," U.S. Representative Alan Grayson of Florida said in an interview.

"They have taken it upon themselves, with the supposed consent of the borrowers, to violate a system of property record-keeping that we've had going back centuries."

Attorneys general of all 50 states opened a joint investigation into home foreclosures Oct. 13, saying they will seek an immediate halt to any improper practices at banks and mortgage companies. The announcement came after several banks, including Bank of America Corp., halted foreclosures in either all states or the 23 with judicial supervision of foreclosures.

"It appears that on a widespread and probably pervasive basis, they did not take the steps necessary to own the note," Grayson said in a Sept. 30 video he recorded about MERS, "which means that in 45 out of the 50 states they lack the legal right to foreclose."


http://www.youtube.com/watch?v=AqnHLDeedVg

Fraud Factories: Rep. Alan Grayson Explains the Foreclosure Fraud Crisis - YouTube (https://www.youtube.com/watch?v=AqnHLDeedVg)

Uploaded on Sep 30, 2010
This is Rep. Alan Grayson explaining the crisis of foreclosure fraud and how it links to the entire securitization chain of Wall Street.


"MERS was a facilitator of securitization," said Grayson, a Democratic member of the House Financial Services Committee.

How?

Steve Liesman explained in 2007:

http://www.youtube.com/watch?v=0YNyn1XGyWg

Subprime derivatives - YouTube (https://www.youtube.com/watch?v=0YNyn1XGyWg)

How do you create a subprime derivative? ...You take a bunch of mortgages... and put them into one big thing. We call it a Mortgage Backed Security. Say it's $50 million worth... Now you take a bunch of these Mortgage Backed Securities and you put them into one very big thing... The one thing about all these guys here (in the one very big thing) is that they're all subprime borrowers, their credit is bad or there's something about them that doesn't make it prime...

Watch, we're going to make some triple A paper out of this... Now we have a $1 billion vehicle here. We're going to slice it up into five different pieces. Call them tranches... The key is, they're not divided by "Jane's is here" and "Joe's is here." Jane is actually in all five pieces here. Because what we're doing is, the BBB tranche, they're going to take the first losses for whoever is in the pool, all the way up to about 8% of the losses.

What we're saying is, you've got losses in the thing, I'm going to take them and in return you're going to pay me a relatively high interest rate... All the way up to triple A, where 24% of the losses are below that. Twenty-four percent have to go bad before they see any losses. Here's the magic as far as Wall Street's concerned. We have taken subprime paper and created GE quality paper out of it.

We have a triple A tranche here.


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/subprime_blowup~0.png)


Ellen Brown explained (http://www.huffingtonpost.com/ellen-brown/foreclosuregate_b_752788.html) the significance of MERS in this process:

The top tranche is triple A because it includes the mortgages that did NOT default; but no one could know which those were until the defaults occurred, when the defaulting mortgages got assigned to the lower tranches and foreclosure went forward. That could explain why the mortgages could not be assigned to the proper group of investors immediately: the homes only fell into their designated tranches when they went into default.

The clever designers of these vehicles tried to have it both ways by conveying the properties to an electronic dummy conduit called MERS (an acronym for Mortgage Electronic Registration Systems), which would hold them in the meantime. MERS would then assign them to the proper tranche as the defaults occurred. But the rating agencies required that the conduit be "bankruptcy remote," which meant it could hold title to nothing; and courts have started to take notice of this defect.
[...]


Relief Must Come at the State Level

(http://www.thelivingmoon.com/gallery/albums/userpics/10005/rock_house.jpg)

Now, this we love!

Property recording laws are state laws, and the states have always been the bedrock for property rights.

Given that the head of the U.S. Department of Justice (http://www.washingtonsblog.com/2012/01/is-this-why-they-wont-prosecute-top-justice-officials-represented-big-banks.html) used to represent MERS – and that the D.C. politicians (http://www.washingtonsblog.com/2011/06/well-theres-your-problem-right-there-insider-trading-rules-don't-apply-to-congress.html) are (with a few exceptions) lackeys for the big banks (http://www.washingtonsblog.com/2013/03/the-government-has-it-bass-ackwards-failing-to-prosecute-criminal-fraud-by-the-big-banks-is-killing-the-economy.html) which own MERS – the only hope is at the state level.

Some state courts have, in fact, declared MERS illegal ... or at least without power to foreclose on property.


Harper's notes:

After the housing market collapsed, however, MERS found itself under attack in courts across the country. MERS had singlehandedly unraveled centuries of precedent in property titling and mortgage recordation, and judges in state appellate and federal bankruptcy courts in more than a dozen jurisdictions—the primary venues where real estate cases are decided— determined that the company did not have the right to foreclose on the mortgages it held.

In 2009, Kansas became one of the first states to have its supreme court rule against MERS. In Landmark National Bank v. Boyd A. Kesler, the court concluded that MERS failed to follow Kansas statute: the company had not publicly recorded the chain of title with the relevant registers of deeds in counties across the state.

A mortgage contract, the justices wrote, consists of two documents: the deed of trust, which secures the house as collateral on a loan, and the promissory note, which indebts the borrower to the lender. The two documents were sometimes literally inseparable: under the rules of the paper recording system at county court-houses, they were tied together with a ribbon or seal to be undone only once the note had been paid off. "In the event that a mortgage loan somehow separates interests of the note and the deed of trust, with the deed of trust lying with some independent entity," said the Kansas court, "the mortgage may become unenforceable."

MERS purported to be the independent entity holding the deed of trust. The note of indebtedness, however, was sold within the MERS system, or "assigned" among various lenders. This was in keeping with MERS's policy: it was not a bank, made no loans, had no money to lend, and did not collect loan payments. It had no interest in the loan, only in the deed of trust.

The company—along with the lenders that had used it to assign ownership of notes—had thus entered into a vexing legal bind. "There is no evidence of record that establishes that MERS either held the promissory note or was given the authority [to] assign the note," the Kansas court found, quoting a decision from a district court in California. Not only did MERS fail to legally assign the notes, the company presented "no evidence as to who owns the note."
Similar cases were brought before courts in Idaho, Massachusetts, Missouri, Nevada, New York, Oregon, Utah, and other states.

The language in the judgments against MERS became increasingly denunciatory.

MERS's arguments for standing in foreclosure were described as "absurd," forcing courts to move through "a syntactical fog into an impassable swamp."


"It appears that every MERS mortgage,"
a New York State Supreme Court judge recently told me,
"is defective, a piece of crap."


more (http://www.ritholtz.com/blog/2013/04/states-fight-back-against-mers-mortgage-fraud/)
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: Amaterasu on October 06, 2014, 07:29:06 PM
Another vid that discusses the difference between adjournment and recess, amongst other things that may help here.

http://www.youtube.com/watch?v=DruyheOfweg

http://www.youtube.com/watch?v=DruyheOfweg
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: thorfourwinds on October 07, 2014, 11:22:47 PM
For the record:

I have drawn a line in the sand here.

These thieving Nazi criminals from Uruguay backed by Goldman Sachs
and masquerading as Ocwen with a storefront in West Palm Beach and
answering the phone in India have come to the end of the road with me.

I will not give up my lovely home.

Our friends from BundyGate are on notice.

OATHKEEPERS have been notified as to the confrontation that is sure
to take place if the Appeal is not granted and 9 October 2014
will be a date not forgotten in the 2nd American Revolution.

Of course, the media has been notified.   :P

Locked and loaded in Rabun County,
tfw on my tablet in the bunker behind the wire.

Semper Fi

Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: thorfourwinds on October 08, 2014, 05:55:33 PM
UPDATE:

Appeal filed on 7 October 2014, shown here.


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/appeal_6oct14pg1.JPG)

(http://www.thelivingmoon.com/gallery/albums/userpics/10005/appeal_6oct14pg2.JPG)

Call to Action Cancelled !

Thank you for your interest, time and consideration.

Next time...
    ;)
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: Shasta56 on October 11, 2014, 03:36:42 AM
I don't think I want to ever live in Georgia.   That whole thing just makes no sense.

Shasta
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: Amaterasu on October 12, 2014, 12:34:40 AM
It's not just Georgia.  It's all over the country, and even the world.
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: thorfourwinds on October 13, 2014, 01:43:48 AM
(http://www.thelivingmoon.com/gallery/albums/userpics/10005/a_communist~0.jpg)


At this point, we attempt to inject a bit of levity into this dire situation.  :P

HSBC is the entity claiming to own our lovely home without benefit of clear title:




(http://www.thelivingmoon.com/gallery/albums/userpics/10005/banks-too-big-to-jail.jpg)


Gangster Bankers: Too Big to Jail | Rolling Stone (http://www.rollingstone.com/politics/news/gangster-bankers-too-big-to-jail-20130214)

Flooring politicians, lawyers and investigators all over the world, the U.S. Justice Department granted a total walk to executives of the British-based bank HSBC for the largest drug-and-terrorism money-laundering case ever.

FYI
HSBC refers to HSBC Holdings, an international banking organization. The name comes from the bank's origins as the Hongkong and Shanghai Banking Corporation.

Foundation
The Hongkong and Shanghai Banking Corporation was founded in Shanghai and Hong Kong in 1865 by Thomas Sutherland.

Incorporation
The Hongkong and Shanghai Banking Corporation was incorporated into HSBC Holdings in 1991.

Size

It is the world's second largest bank. As of 31 December 2013, it had total assets of $2.671 trillion.
According to the HSBC Group, the organization has a presence in every continent except Antarctica. That includes 8,000 offices in 88 different countries.

Headquarters
HSBC Group's headquarters is in London's Canary Wharf. The Hongkong and Shanghai Banking Corporation still has its headquarters on the riverfront in Hong Kong.

Services
According to the Financial Times, HSBC Group provides a range of personal finance, commercial banking, private banking, investment and global banking services.

This is interesting.

Wake Up Georgia: Courts Are Opening the Door on Wrongful Foreclosure | Livinglies's Weblog (http://livinglies.wordpress.com/2013/03/15/wake-up-georgia-courts-are-opening-the-door-on-wrongful-foreclosure/)

(http://www.thelivingmoon.com/43ancients/04images/Bluebird/lg50aa500a.gif)

tfw
Peace Love Light
Liberty & Equality or Revolution

Hec'el oinipikte  (that we shall live)
       
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: Amaterasu on October 13, 2014, 03:07:32 AM
That any court is siding with the thieves shows just how twisted and corrupt Our courts are.  Bribery and blackmail buy buttloads.
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: Amaterasu on October 13, 2014, 11:49:09 PM
A friend gave Me this link.  Don't know if You've seen this or not.

http://nmhcenter.com/

They help legally with the mortgage BS...
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: undo11 on October 14, 2014, 12:35:29 AM
where is thor??
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: Amaterasu on October 14, 2014, 12:47:14 AM
I don't know.  Called this morn, got no answer.  Rather climbing the walls!
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: undo11 on October 14, 2014, 01:13:48 AM
Quote from: Amaterasu on October 14, 2014, 12:47:14 AM
I don't know.  Called this morn, got no answer.  Rather climbing the walls!

can you call any of his buddies and have them check on him?
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: Amaterasu on October 14, 2014, 01:25:00 AM
Sadly, when I had to switch phones, I lost all the numbers for People.  I have first names, only...  I have no clue who to call.
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: thorfourwinds on October 16, 2014, 07:23:51 PM
(http://www.thelivingmoon.com/gallery/albums/userpics/10005/tweet_fraud.png)

Greetings:

A line in the sand:
21 October 2014
government agents will attempt eviction...lol
LIVE on the internet and Fox 5 Atlanta, etc.

OATHKEEPERS are welcome to join.

Operation MERSGATE is engaged.

Expect us.

Our story:
Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes (http://www.thelivingmoon.com/forum/index.php?topic=5894.msg81612#msg81612)

Too bad no one is actually listening, or we would not be here.   :P

http://www.youtube.com/watch?v=QwrO6jhtC5E

The next housing shock - YouTube (https://www.youtube.com/watch?v=QwrO6jhtC5E)

(http://www.thelivingmoon.com/43ancients/04images/Bluebird/lg50aa500a.gif)

With great respect,
tfw
Peace Love Light
Liberty & Equality or Revolution

Hec'el oinipikte  (that we shall live)

Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: WarToad on October 16, 2014, 08:12:23 PM
5 days?  Yeesh.  I don't think those agents will "attempt" - I used to work for a property management company a good 2 decades ago.  When evicting I came with a Sherriff who escorted you off the property if you hadn't already left, while I swapped out locks and started boxing items up for disposal.  If people resisted, doors were kicked in, people forceable removed, it was ugly.

I hated that job.  I only lasted about a year and a half before getting a new job.

If you haven't already, box up and remove your most cherished items "just in case".
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: The Seeker on October 17, 2014, 03:48:55 AM
Thor, did the attorney you contacted ever respond? I know this sux, I have a hearing on the 28th of this month but I am going to use an attorney; also going to file suit against Ocwen for basically the same ration of poop they dealt you...

but i have been advised that it can be tied up and put on hold for 4-6 months...

hoping for the best for you and your family

edit to add: just did a google on my property and they are showing my neighbor's house in the pics; also shows it was sold in december of 2013 yet Ocwen was negotiating a modification with me at the time...

and supposedly sold it to Deutsche in May of this year...

so when did they sell it and to who? and how many times?
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: thorfourwinds on October 17, 2014, 06:07:05 AM

Greetings:
Shall we play a game? (https://www.youtube.com/watch?v=ecPeSmF_ikc)
What address do you have for
Deutche Bank,
HSBC Bank,
Ocwen Loan Processing,
Mortgage Electronic Registration Services, et al?   :P

Try this one:

1661 WORTHINGTON ROAD, SUITE 100
WEST PALM BEACH, FLORIDA

They probably have very small furniture.    :o


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/anon_we_now_target_copy.jpg)
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: Bob Powell on October 19, 2014, 04:45:38 AM
Damn brother, I read so much of that my head hurts. You seem to have stuck up for yourself quite well, but you still got raped. So what's the deal with those "good guys" you listed, are they going to help you?

I hope ya'll are well. I'm sorry I haven't been around, but I have had no time for forums at all, not even my own. I wish I did. I wish I could go back to being numb. We're all getting friged, and it's not going to get any easier for any of us.

All we can do is pray.
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: Amaterasu on October 19, 2014, 07:00:35 PM
And work towards a solution...
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: zorgon on October 19, 2014, 07:44:05 PM
Quote from: Amaterasu on October 19, 2014, 07:00:35 PM
And work towards a solution...

With millions of Anonymous members around the world perhaps a solution would be to get them to send just 25 cents each to help a fellow supporter out of a bind.

Perhaps a Gofundme campaign spread out to all Anon members would generate enough support to help keep the wolves at bay (or look for a new place)

25 cents is not a lot, but when you have a large base of people, it can add up astronomically.  Seems to me asking for a quarter would not strecth to many budgets.  I think even Amy could afford to chip in that much

Just sayin...

::)

Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: Shasta56 on October 19, 2014, 10:40:19 PM
I'm off work right now while I recover from shoulder surgery, but put me down for five dollars.  Where do I donate?

Shasta
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: Amaterasu on October 20, 2014, 07:10:05 PM
Quote from: zorgon on October 19, 2014, 07:44:05 PM
I think even Amy could afford to chip in that much

But...  Though I have just now to My name 38 cents, I have no way to send it anywhere.  A stamp costs more than I have.  I have no electronic means...  Maybe I could give the quarter to Thor.  "Here Thor, make sure this quarter from the money You have given Me is sent in."

LOLOLOLOL!  My heart is in support.  My heart is driven by the Betterment Ethic.  Someday the importance of that will come into focus.  [smile]

Just (yeah, here it comes!) sayin'.
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: zorgon on October 20, 2014, 07:51:54 PM
Quote from: Amaterasu on October 20, 2014, 07:10:05 PM
But... 

You missed the point   :P
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: Amaterasu on October 21, 2014, 02:07:39 AM
Oh.  Did I? [grin]  I'm sure You're right.  [smile]
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: thorfourwinds on November 23, 2014, 01:29:05 AM
IN THE SUPERIOR COURT OF RABUN COUNTY
STATE OF GEORGIA
                                                                         
HSBC BANK USA, NA, as trustee for            CASE # 2014-CV-14S
Freemont Home Loan Trust 2006-D         
c/o Richard B. Maner                  
Plaintiff                                                               
                                                                          
5775 Glenridge Drive                  
Building D. Suite 100                  
Atlanta, Georgia 30328                   
                           
404.252.6385 x235                  

vs.                                    

THOR ANDERSON                              
Defendant                                  
218 MERRYDALE LANE               
CLAYTON, GEORGIA 30525            
                           
706.490.4401                     


OPPOSITION TO MOTION FOR SUMMARY JUDGEMENT

   COMES NOW the Defendant, Anderson, and files this Opposition to Plaintiffs Motion for Summary Judgment pursuant to O.C.G.A. § 9-11-56(e) and shows that the Court should deny Plaintiffs' Motion for Summary Judgment. In support of this Opposition, Defendant relies upon the following:

1.   That Plaintiff HSBC Bank/Maner, is not a real party in interest and lacks standing to bring this action against Defendant;

2.   That Plaintiff HSBC Bank/Maner, is not a legal assignee of a MERS debt allegedly owed by Defendant to prior servicers FREMONT-LITTON-OCWEN.

3. The MERS document presented by Plaintiff is a counterfeit robo-signed document and robo-signing is illegal in all 50 states, including Georgia.

4. Because significant elements of discovery remain as yet incomplete, and the discovery period for this civil action has not yet concluded, Plaintiffs' Motion for Summary Judgment is premature and thus should be denied.

5. The only reason that a timely Response to the Summary Judgement was not entered is that Anderson was performing as a Volunteer Fireman First Responder to the ice storm in Augusta for six weeks at that time and never received the document. Perhaps the Plaintiff has Proof of Service (Certified Mail, etc.)?


   Notice is hereby given that the Defendant, Thor Anderson, hereby appeals a judgment entered in the Superior Court of Rabun County.

   Pursuant to Rule 56 of the Federal Rules of Civil Procuedure , Defendant Anderson, appearing pro se, submits this opposition to the pending Motion for Summary Judgement (entered on 9 October, 2014) to demonstrate to the Court that there is a genuine issue of material fact in this case that precludes the entry of a judgement as a matter of law.

   This opposition is based upon and supported by the following Memorandum of Points and Authorities, the pleadings and papers on file, the affidavits and exhibits attached hereto, and any argument that the Court may allow at the time of hearing.

   DATED this 18th day of November, 2014.


   Respectfully submitted by:
   
   ______________________
   Thor Anderson, Defendant, pro se






MEMORANDUM OF POINTS AND AUTHORITIES

I. STATEMENT OF FACTS

        In response to the facts set forth in the moving party's Motion for Summary Judgement, Defendant Anderson provides the following statement of facts:

We were baited and switched by a misleading and fraudulent home refinance scheme which we feel is predatory lending involving HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR FREMONT HOME LOAN TRUST 2006-D, MORTGAGE-BACKED CERTIFICATES, SERIES 200D-6, LITTON LOAN SERVICING, AND OCWEN LOAN SERVICING.

As a borrower facing foreclosure, it is critical to me to determine who actually owns my mortgage and whether or not the entity taking action is, in fact, the actual creditor or actual Owner of the Note secured by the Mortgage or Deed of Trust.

Even though we fought the good fight coming from a place of integrity, ethics and honor, we have been confronted with unethical behavior, outright lies and numerous violations of various laws, not in the least RESPA, by Litton, then Ocwen and now HSBC.

Since at the magistrate hearing (17 December 2013), we were not allowed to question the validity of the robo-signed MERS document presented by Ocwen/HSBC Bank Attorney Richard B. Maner as evidence of ownership of the title to my lovely home, we are presenting this package of information in the spirit of enlightenment hopefully to be considered before a final decision is made to go forward with eviction proceedings, as the opposition's documents appear to have certain 'peculiarities,' to say the least.

The assignment of the subject mortgage and note to HSBC, by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS), and the Writ of Possession action is without legal authority. MERS never possessed the ANDERSON note it allegedly assigned to plaintiff HSBC. Thus, plaintiff HSBC lacked standing to commence the DEMAND FOR PREMISES and now, SUMMARY JUDGEMENT.

FOR THE RECORD:

A prominent economist said about the 2008 financial crisis:

"At the root of the crisis we find the largest financial swindle in world history", where "counterfeit" mortgages were "laundered" by the banks.

The Mortgage Electronic Registration Systems – MERS – was one of the main ways the swindle was done, and the main way in which counterfeit mortgages were laundered by the banks.

MERS is a shell company with no employees, owned by the giant banks.

MERS threw out centuries of well-established law about how real estate is transferred – and cheated governments out of many tens or hundreds of billions of dollars in recording fees."


"OCWEN has a specific plan and scheme to take homes that have equity in them," said Robert Hilliard, a partner in Corpus Christi, Texas-based Hilliard & Munoz.

CASE IN POINT:

"... homeowners have certain "Borrower's Rights"... which include your right to validate the debt."

First, the non-response to my legal Validation of Debt Request and the fact that Ocwen claims to have acquired the servicing rights to my loan on March 3, 2013 (copy of March 23, 2013 letter from Ocwen attached) from Litton Servicing and sold to a REO two days later - March 5, 2013.

THIS CANNOT BE TRUE.

Either the Ocwen letter dated 2-11-11 acquiring servicing rights is FALSE or this one is.

Which brings up the question of validity of that statement, as we have defeated Ocwen at every foreclosure attempt since the first of four (4) on July, 2012, and have been dealing with their misrepresentations since 2011.

We served Ocwen and their attorney (Weissman Nowack Curry & Wilco P.C.) by Certified Mail with these documents; all still unanswered:

(1) RESPA Qualified Written Request dated 25 December, 2011;
(2) Dispute of Debt and Notice of Default dated 26 December 2012;
(3) Good Faith Discovery Notice: Verification of Proof of Claim Requested dated 26 December 2012;
(4) Notice of Fraud and Intent to Litigate and Notice to Cease and Desist All Activities Relating to the Ongoing Foreclosure Action dated 18 February 2013;
(5) Request for Admissions regarding Good Faith Discovery Notice: Verification of Proof of Claim Requested (on 26 December 2012) dated 28 February 2013.


In each of the five (5) attempts at wrongful foreclosure - four (4) defeated successfully: Litton - July 5, 2011; Ocwen - July 2, 2012; Ocwen - November 5, 2012; Ocwen - January 2, 2013; and then the non-judicial foreclosure on March 5, 2013, where the note was transferred to HSBC and my loan modification terminated mid-stream and Demand For Premises made, we were assured on the front page (attached) of the NOTICE OF FORECLOSURE SALE from both Ocwen and their attorney (WNCW),


Quote"...you have certain "Borrower's Rights"...which include your right to validate the debt."


However, we were denied that right, and others, at every request.

We continually questioned Ocwen's reticence to answer our many legal requests for information, suspecting fabrication or fraudulently altered mortgage assignment documentation providing compelling evidence that title to the mortgage backing the certificates was never properly or timely transferred and genuine issues of material fact exist.


Ocwen obviously does not have the legal documents, and as we suspect, our loan is caught-up in the mortgage-backed securities debacle and we are victims of Predatory Lending practices.

This action epitomizes Wrongful Attempted Foreclosure, Conspiracy, Fraud, Corruption, and possibly constitutes RICO, Dodd-Frank, TILA and Civil Rights Violations.

We even went so far as to address our concerns in the form of a complaint to David A. Montoya, Inspector General, US Department of Housing and Urban Development (HUD), regarding predatory lending and Ocwen's continued misrepresentations and false statements, concealment and/or misrepresentation of material facts in connection with the foregoing Mortgage and/or Note; conduct of the Plaintiff and/or Plaintiff's predecessor in interest which violated the obligation of good faith and fair dealing and fraudulent and deceptive practices in connection with the execution, transfer and/or enforcement of the Mortgage and/or note and Wrongful Attempted Foreclosure and violation of the Real Estate Settlement Practices Act ("RESPA"), 12 U.S.C. § 2601, et seq. against Ocwen, violation of the Florida Consumer Collection Practices Act ("FCCPA"), Section 559.55, et seq. Florida Statutes, against Ocwen; and violation of the Truth in Lending Act, 15 U.S.C. § 1601, et seq. against Ocwen and Loan Owner.



II. STANDARD FOR SUMMARY JUDGEMENT

   Rule 56 of the Federal Rules of Civil Procuedure states in relevant part that "When considering motions for summary judgment, judges view all evidence in the light most favorable to the movant's opponent.  As used here, "material issues of fact" refers to any facts that could allow a fact-finder to decide against the movant."

Georgia law has consistently held that summary judgment is an extreme sanction and should be granted in only the clearest and rarest of cases. Grier v. Kanon Service Corp., 217 Ga. App. 110, 456 S.E.2d 690 (1995).

Indeed, to prevail at summary judgment under O.C.G.A. § 9-11-56, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law.  Lau's Corp. v. Haskins, 261 Ga. 491, 405 S.E.2d 474, 475 (1991).

While evidence of a movant for summary judgment is to be carefully scrutinized, a respondent's evidence is to be treated with indulgence. Layfield v. Department of Transp., 280 Ga. 848, 632 S.E.2d 135 (2006).

The defendant does not need to affirmatively disprove the plaintiff's case, but may prevail simply by pointing to the lack of evidence. If the defendant does so, the plaintiff cannot rest on his pleadings, but must point to specific evidence that gives rise to a triable issue of fact. O'Connell v. Cora Bett Thomas Realty, 254 Ga. App. 311, 563 S.E.2d 167 (2002) citing Traicoff v. Withers, 247 Ga. App. 428, 544 S.E.2d 177 (2000).


III. ARGUMENT

In the present case, there is a genuine issue of material fact, specifically:
Disputed Material Facts Preclude Summary Judgment.

Plaintiffs' action is not supported by sufficient evidence of a written assignment to prove that Plaintiff HSBC/Maner, is the real party in interest.

Without such evidence, Plaintiff HSBC/Maner does not have legal standing.

At the very least, the lack of proffered evidence of assignation is a question of fact for a jury.

Defendant ANDERSON contends the following:

1.   Plaintiff HSBC Bank/Maner is not the original creditor of the alleged debt which is the subject of this litigation;

2.    Plaintiff HSBC Bank/Maner is an affiliate or subsidiary of Ocwen;

3.    This is a classic shell game by Plaintiff HSBC Bank/Maner/Ocwen/Litton/Fremont to evade prosecution and illegally foreclose on my home.

4. The MERS document presented by Plaintiff is an illegal robo-signed document and robo-signing is illegal in all 50 states, including Georgia.

For Plaintiffs to prevail on their Motion for Summary Judgment, Plaintiffs have the burden of establishing the non-existence of any genuine issue of fact – including Defendant's position that Plaintiff HSBC Bank/Maner is not the real party in interest. Id. at 489; citing Sawgrass Builders v. Key, 212 Ga. App. 138, 441 S.E.2d 99 (1994).

Summary judgment is appropriate only when the evidence shows that "there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." OCGA § 9-11-56 ©.

"On a motion for summary judgment the burden of establishing the non-existence of any genuine issue of fact is upon the moving party and all doubts are to be resolved against the movant. The movant has that burden even as to issues upon which the opposing party would have the trial burden." Ham v. Ham, 230 Ga. 43, 45 (195 SE2d 429) (1973).


Since Discovery Has Not Yet Been Completed, Plaintiffs' Motion for Summary Judgment is Premature and Should Be Denied.

If the disputed issues of material fact are not sufficiently established at this time, Plaintiffs' Motion for Summary Judgment should nevertheless be denied because it is premature. A party opposing a motion for summary judgment has the right to conduct appropriate and necessary discovery prior to responding to such a motion.

Ericson v. Hodges, 257 Ga. App. 144, 570 S.E.2d 420 (2002); Shipley v. Handicaps Mobility Systems, Inc., 222 Ga. App. 101, 473 S.E.2d 553 (1996); Ross v. Ninety-Two, Ltd., 201 Ga. App. 887, 412 S.E.2d 876 (1991); and Watkins v. Nationwide Mutual Fire Insurance Company, 113 Ga. App. 801-802, 149 S.E.2d 749 (1966).

A trial court must abstain from ruling on a motion for summary judgment until the party against whom such a judgment is sought has completed the discovery to which it is entitled. See id. Premature summary judgment deprives a non-moving party of the opportunity to develop proof of triable issues of fact as to his claims. See id.

WHO REALLY HAS THE ORIGINAL WET INK NOTE?

With no proof of ownership of the note, Ocwen cannot 'sell' our home to HSBC BANK USA , NATIONAL ASSOCIATION, AS TRUSTEE FOR FREMONT HOME LOAN AND TRUST.

As of this date, 10 October 2014, OCWEN, not HSBC BANK, is listed as the true owner of the note and has our house for sale online at hubzu.com.

http://www.hubzu.com/property/0007090697959-218-Merrydale-Lane-Clayton-GA-30525

218 Merrydale Lane Clayton GA 30525 | Hubzu

So I bid on it.


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/218_BID_78674-640.png)

Twice.


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/218_BID_83899-640.png)



(http://www.thelivingmoon.com/gallery/albums/userpics/10005/218_DescScreen_Shot_2014-10-08_at_1_23_22_PM.png)

Here is part of the contract, showing that OCWEN 'owns' 218 Merrydale Lane, not HSBC:


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/218_OCWENSSELLERcreen_Shot_2014-10-08_at_1_24_42_PM_copy~0.png)


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/218_exh_A_Alt-OCWEN_REDcopy.png)


If HSBC Bank 'owns' our home, how can Ocwen be selling it?

If Ocwen owns our home, how can HSBC claim ownership of our home via a robo-signed MERS document and abrogate an in-process loan modification and issue a DEMAND FOR PREMISES and subsequent eviction attempt?


Ocwen attempted to sidestep all the previous violations to avoid prosecution (and Federal court) by supposedly 'transferring' the title to HSBC.

However, HSBC Bank/Maner continue to refuse to present the original wet ink document as required by law to confirm true and legal title to our home.


As a borrower facing foreclosure, it is critical to me to determine who actually owns my mortgage and whether or not the entity taking action is, in fact, the actual creditor or actual Owner of the Note secured by the Mortgage or Deed of Trust.

"Ocwen is charged with engaging in unfair and deceptive acts and practices in violation of the federal Consumer Financial Protection Act and state laws.

Ocwen's unlawful conduct has resulted in injury to consumers who have had home loans serviced by Ocwen and Litton. The harm includes paying improper fees and charges, unreasonable delays and expenses to obtain loss mitigation relief, and improper denial of loss mitigation relief."

Ocwen's unlawful conduct which applies to our case:

• failing to timely and accurately apply payments made by borrowers and failing to maintain accurate account statements;

• charging unauthorized fees for default-related services;

• providing false or misleading information to borrowers regarding loans that had been transferred from other servicers;

• failing to provide accurate and timely information to borrowers who sought information about loss mitigation services, including loan modifications;

• misrepresenting to borrowers that loss mitigation programs would provide relief from the initiation of foreclosure or further foreclosure efforts;

• improperly denying loan modification relief to eligible borrowers;

• providing false or misleading reasons for denial of loan modifications;

• with respect to transferred loans, failing to honor in-process trial modifications agreed to by prior servicers; and

• robo-signing affidavits in foreclosure proceedings.

source document:
http://www.doj.state.or.us/releases/pdf/ocwen_settlement_faqs.pdfLitton


Perhaps the attached copies of documents will be of interest.

26 December 2012 Dispute of Debt and Notice of Default - To Ocwen

26 December 2012 Good Faith Discovery Notice:
               Verification of Proof of Claim Requested - To Ocwen

28 February 2013 Request For Admissions -To Ocwen

28 February 2013 Demand to Postpone Foreclosure Sale - To WNCW

28 February 2013 Demand to Postpone Foreclosure Sale - To Ocwen

28 February 2013 Notice of Fraud and Intent to Litigate - To WNCW



Ocwen failed to demonstrate its standing on the mortgage and note because it failed to produce either the original note or the actual assignment of the mortgage and engaged in illegal failure to follow the proper paperwork procedures in relation to the original RESPA violation.

Ocwen is the company that cannot prove legal ownership of the title to our lovely home.

With no proof of ownership of the note, Ocwen cannot 'sell' our home to HSBC BANK USA , NATIONAL ASSOCIATION, AS TRUSTEE FOR FREMONT HOME LOAN AND TRUST - or anyone else, for that matter.


We also question the "possible incestuous relationship" between HSBC Bank, Ocwen Loan Servicing, and Mortgage Electronic Registration Systems due to the fact that the entities all share the same office space at 1661 Worthington Road, Suite 100, West Palm Beach, Florida.

We have supporting documents of our robo-signing MERS claims regarding individuals who claim simultaneously to be officers of more than one of these corporations and simultaneously notary publics.

Also, the evidence supports the premise that Ocwen's servicing procedures, as exemplified by the Anderson account, are not organized to assure accuracy and accountability.

Ocwen failed to record the correct information even though Mr. Anderson constantly called and talked to Ocwen's agents and provided written material, failed to follow his written instructions, failed to communicate with Anderson, sent mortgage statements that were incomprehensible and frightening, began collection calls, and engaged in a litany of mismanagement of the Anderson loan.

At issue is a state law that requires lenders to file a "request for judicial intervention" when they sue a homeowner and to notify a county clerk of the legal action. That intervention filing then is supposed to jump-start a settlement conference – within 60 days – to try to resolve the homeowner's financial issue before moving to final foreclosure.

Ocwen totally ignored a state law to move delinquent mortgage holders into settlement talks to avoid foreclosure.

Ocwen never once answered any written communication, delivered by Certified Mail, regarding this mortgage, including totally ignoring the RESPA QWR of December, 2011.

Each and every document was copied to their attorneys, WNCW, by Certified Mail.


A trial court must abstain from ruling on a motion for summary judgment until the party against whom such a judgment is sought has completed the discovery to which it is entitled. See id. Premature summary judgment deprives a non-moving party of the opportunity to develop proof of triable issues of fact as to his claims. See id.

Plaintiffs have not provided key documents that Defendant is entitled to under the Georgia Civil Practice Act and which would conclusively prove not only that Plaintiffs do not have the documentation sufficient to prove the proper chain of assignment, but that Plaintiff HSBC Bank/Maner has been unjustly enriched and thus not entitled to summary judgment as a matter of law.


CONCLUSION

        For the foregoing reasons, Defendant respectfully requests that the Court DENY Plaintiffs' Motion for Summary Judgment, as substantial issues exist and material facts are controverted in good faith and should be decided by the jury.

   DATED this 18th day of November, 2014.

   Respectfully submitted by:
   
   ______________________
   Thor Anderson, Defendant, pro se



CERTIFICATE OF MAILING

   I HEREBY CERTIFY that on the 18th day of November, 2014, I have served the opposing party of the Summary Judgement a true and correct copy of the foregoing OPPOSITION TO MOTION FOR SUMMARY JUDGEMENT by mailing a copy of this document to the opposing party at the address set forth above.

   DATED this 18th day of November, 2014.

   Thor Anderson
   Defendant
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: Shasta56 on November 24, 2014, 01:25:21 AM
Words are not adequate to describe the level of disgust I feel for the foreclosure business.   I understand the stress,  having been through it.   I don't understand how a modification in progress can be arbitrarily upended.   

We were offered a refi deal by HSBC some years ago.   They claimed they could roll our other existing debt into the deal, and leave us with just one monthly payment.   The rate was too high and the deal felt wrong.   We declined.  They closed up all their local offices about six months later and turfed out their outstanding loans to collection agencies.

I pray that this turns out as it should for you Thor.  Blessed be.

Shasta
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: Shasta56 on December 30, 2014, 03:07:48 AM
I didn't know until a couple of days ago,  that HSBC had been in trouble for laundering drug money.  It just gets better and better.

Shasta
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: thorfourwinds on March 06, 2015, 02:48:57 AM
As of 5 March 2015, we are awaiting a response to our appeal to the Supreme Court of Georgia.

We were forced to do this because the local Superior court Judge has refused to consider our Opposition to Summary Judgement shown above.   :P

Here's the appeal:

(http://www.thelivingmoon.com/gallery/albums/userpics/10005/supapppg1.png)
?
(http://www.thelivingmoon.com/gallery/albums/userpics/10005/supapppg2.png)
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: Shasta56 on March 06, 2015, 04:48:10 AM
Tonight is the full moon.   Tonight I ask the Elements and the deities for peace and healing for Thor and his family.   I ask Loki, whose half brother shares Thor's name,  to act on behalf of ThorFourWinds, to heal the harm that has been done.  I ask Freya to watch over this warrior, though he has not yet crossed to Valhalla.   This I ask.  So mote it be.

Shasta
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: thorfourwinds on March 08, 2015, 06:23:30 PM
Quote from: thorfourwinds on March 08, 2015, 12:27:58 AM
(http://www.thelivingmoon.com/gallery/albums/userpics/10005/everything_picasso.jpg) (http://www.goodreads.com/author/show/3253.Pablo_Picasso)

Imagine winning your foreclosure case.  Visualize the outcome that you truly want.  Your future awaits.

Shasta
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: Glaucon on March 08, 2015, 07:24:33 PM
Correction: Are you the only one challenging this in Georgia?
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: astr0144 on March 08, 2015, 09:15:17 PM
I tried to speed read through your thread Thor to try and simplify it down and to gain some understanding on what seems rather a very complex situation  that takes some studying, especially for anyone not too familiar with housing and legalities in property ownership and changes that may be made by the banks or loans company lenders..

From what I can gather, the basis of it being that your initial lender has either made certain changes or passed the loan or mortgage onto another company who have not as yet legitimately or legally acknowledged to you the relative required documentation.

I am therefore assuming that you have not continued making monthly payments to them and will not until you get things confirmed... and in the mean time they are now asking you to sell your home at a much lower cost than what you paid for or as to what it was worth at the time of purchasing or taking out your initial mortgage..

That its not just a case that you were unable to pay the monthly fees..and therefore they are asking foreclosure.

Then you have took legal procedures, had to go to court, and not been able to put your case and argument over to the courts.. and they were asking that you used an attorney..

You are also indicating that this is a scam from the bankster's..
and in particular Goldman sach's..

You refer to MERS being a part to it for aiding them without having to pay as much Tax and avoid costs...

According to your writings, this was done since the 1990s..

you took out the Mortgage after this in 2005.

Have your problems arised since the economic crash in 2007  ?
I assume so..

This is something else that Jessie Venetura refers to about the corruption of the Goldman Sachs big boys scams..

https://www.youtube.com/watch?v=MIlxnPg3-AI

please delete this post if you think its incorrect or irrelevant to your thread in case I assumed wrong..

It certainly appears to have been a nightmare that you have had to deal with and you seem to have taken hard action against the corruption and aggravation and harassment by what appears an utter corrupt system.

I wish you best of luck in your continued fight for justice..


Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: Shasta56 on March 09, 2015, 02:02:15 AM
What I really don't understand,  is the judge's refusal to hear the case.  I can't find anything,  anywhere, stating that one must be represented by an attorney.   If that's what he based his refusal on, that sounds like judicial misconduct to me.

Shasta
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: thorfourwinds on March 13, 2015, 10:15:12 PM
Greetings Dear Reader:

UPDATE: Friday the Thirteenth (http://www.zengardner.com/knights-templars-friday-13th/), 2015.

We have contacted the State Bar of Georgia and made them aware of Judge Russell Smith's antics.

We have also contacted THE attorney in Georgia that can put a stop to this nonsense and work out a successful solution to this conundrum.

I am so grateful and thankful for all the good that's coming into my Life.

We envision that Ocwen, et all, will capitulate when confronted by an attorney - instead of merely me - and offer an out-of-court settlement so that they are not in violation of a previous Court Order to Cease & Desist such practices.

"Ocwen is charged with engaging in unfair and deceptive acts and practices in violation of the federal Consumer Financial Protection Act and state laws.

Ocwen's unlawful conduct has resulted in injury to consumers who have had home loans serviced by Ocwen and Litton. The harm includes paying improper fees and charges, unreasonable delays and expenses to obtain loss mitigation relief, and improper denial of loss mitigation relief."

Ocwen's unlawful conduct which applies to our case:

• failing to timely and accurately apply payments made by borrowers and failing to maintain accurate account statements;

• charging unauthorized fees for default-related services;

• providing false or misleading information to borrowers regarding loans that had been transferred from other servicers;

• failing to provide accurate and timely information to borrowers who sought information about loss mitigation services, including loan modifications;

• misrepresenting to borrowers that loss mitigation programs would provide relief from the initiation of foreclosure or further foreclosure efforts;

• improperly denying loan modification relief to eligible borrowers;

• providing false or misleading reasons for denial of loan modifications;

• with respect to transferred loans, failing to honor in-process trial modifications agreed to by prior servicers; and

• robo-signing affidavits in foreclosure proceedings.

Stay tuned...the eviction is scheduled for NEXT FRIDAY - 20 March 2015.

That will not happen, period.

(http://www.thelivingmoon.com/43ancients/04images/Bluebird/lg50aa500a.gif)

tfw
Peace Love Light
Liberty & Equality or Revolution

Hec'el oinipikte  (that we shall live)
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: Glaucon on March 13, 2015, 10:55:42 PM
Good job buddy 8)

Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: ArMaP on March 13, 2015, 11:19:46 PM
Fingers crossed.  :)
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: Shasta56 on March 22, 2015, 03:46:54 AM
The time of the new moon and the waxing moon is the time for the increase in good fortune.  I ask that the Elements and the deities smile upon Thor.  Father Loki, smile upon your name brother.  With humble heart do I ask.

Shasta
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: thorfourwinds on March 22, 2015, 04:23:16 PM
(http://www.thelivingmoon.com/gallery/albums/userpics/10005/crime_scene_halls_of_justice.png)


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/COURT_OF_APPEALS_PG1.png)


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/COURT_OF_APPEALS_PG2.png)
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: thorfourwinds on March 25, 2015, 06:53:17 PM
(http://www.thelivingmoon.com/gallery/albums/userpics/10005/Judicial_Qual_Comm.png)
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: Sinny on March 25, 2015, 07:22:07 PM
Eugh!

If I could get my hands on the people running this shop... I'd be eternally damned to hell!

Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: Shasta56 on March 26, 2015, 04:09:08 AM
In Colorado,  judges come up for a vote of retention periodically.   The only one I will vote to retain is Judge Samour.  He heard our foreclosure case, wished us the best, and we won.  The law firm handling the majority of foreclosures here was forced out of business due to quite questionable practices.   People like us challenged the bs in court.  People like Judge Samour listened.  Our court date was on the same day that the theater shooter was in court.  Same courthouse.   Judge Samour had his cases moved to another courtroom for safety, but he kept right on with business.   He's now presiding over the shooter's trial.

Shasta
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: thorfourwinds on April 22, 2015, 05:26:35 AM
(http://www.thelivingmoon.com/gallery/albums/userpics/10005/beware_the_banksters.png)


§ 9-11-56 - Summary judgment :: 2010 Georgia Code :: US Codes and Statutes :: US Law (http://law.justia.com/codes/georgia/2010/title-9/chapter-11/article-7/9-11-56)

(c) Motion and proceedings thereon. The motion shall be served at least 30 days before the time fixed for the hearing. The adverse party prior to the day of hearing may serve opposing affidavits. The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law; but nothing in this Code section shall be construed as denying to any party the right to trial by jury where there are substantial issues of fact to be determined.

As evidenced so far in these proceeding, "Homeowner's Rights" is a cruel myth, as we have never been granted ANY of these so-called "rights."


Georgia's code is O.C.G.A. 9-11-56©. It states,

"... the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law."

So why did the Honorable Judge Russell Smith refuse to consider our Opposition to Summary Judgement and decide to let stand an illegal Writ of Possession based on an illegal Summary Judgement?

"A civil right is an enforceable right or privilege, which if interfered with by another gives rise to an action for injury."

Would that include the right to an impartial hearing in front of a jury?

What about our right to appeal?

We never received Plaintiff's Request for Admissions nor the Motion for Summary Judgment, which we consider to be more evidence of fraud upon the court.

We attempted to bring this up in court, but were told we were "out of order" and "you need a lawyer"
and not allowed to speak.

Also, Plaintiff's attorney Maner did not attempt to contact us to resolve this discovery dispute pursuant to Rule 6.4 before filing the Motion for Summary Judgment and taking up the Court's time with a dispute that could have easily been solved with a brief letter or telephone call.

Again, when viewed objectively, Plaintiffs' counsel acted recklessly and with indifference to the law.

We further offer that Plaintiff has not been harmed by the delay in the filing of Defendant's responses to Plaintiff's Motion for Summary Judgment that was never received by Defendant.

However, Defendant has potential to be harmed because of Judge Russell Smith's refusal to consider our Opposition to Summary Judgement, which outlines the duplicity and procedural mistakes which, viewed impartially, would render the Writ of Possession invalid.

And now this, an attempt to deprive us AGAIN of our day in court with a jury.

How can this be JUSTICE?


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/maner_motion_dismiss_appeal6apr15pg1.JPG)

(http://www.thelivingmoon.com/gallery/albums/userpics/10005/maner_motion_dismiss_appeal6apr15pg2.JPG)

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Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: WarToad on April 22, 2015, 01:49:29 PM
You haven't paid ANY money into the registry of court since April 2014?  I think you may have sealed your own fate by violating court order.   You're demanding court review while ignoring court order.  I doubt the Judge looks kindly upon that, regardless of your own opinion.
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: thorfourwinds on May 01, 2015, 02:12:35 AM
(http://www.thelivingmoon.com/gallery/albums/userpics/10005/mortgage_fraud_blue_house.jpg)

Quote from: WarToad on April 22, 2015, 01:49:29 PM
You haven't paid ANY money into the registry of court since April 2014?  I think you may have sealed your own fate by violating court order.   You're demanding court review while ignoring court order.  I doubt the Judge looks kindly upon that, regardless of your own opinion.

Greetings:

Thank you for your comments, however whatever you doubt has no merit here, regardless of your own opinion.

Please read a bit closer if you are going to challenge us and make judgement on something we have been dealing with, pro se, for almost 5 years.    :P

Even though the Plaintiff's learned counsel Maner made the Motion, THE ORDER WAS NEVER ISSUED, as previously acknowledged, in writing, by the court.

Therefore, we are not ignoring a court order.

That's the point: their attorney, Maner, is committing perjury, again.    :o

Therefore, NOTHING was owed to the Court registry, so I may not 'have sealed my own fate'.    ;)

We are demanding a jury trial because of various procedural violations in the preparation of the Motion for Summary Judgement, which makes it not only illegal, but moot in this case, and invalidates the Writ of Possession.

My own opinion, like yours, doesn't count here, only the facts and the letter of the law.

The following post is our response to the Plaintiff's Motion to Dismiss Appeal and Motion to Execute Writ of Possession.

Thank you for your interest, time and consideration.

With great respect,

(http://www.thelivingmoon.com/43ancients/04images/Bluebird/lg50aa500a.gif)

tfw
Peace Love Light
Liberty & Equality or Revolution

Hec'el oinipikte  (that we shall live)
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: Shasta56 on May 02, 2015, 06:51:30 PM
I can think of a number of occasions when I intended to do something, but failed to execute the task.  In my case,  that usually involves rethinking my wardrobe for the day, because I never actually did the laundry.  I meant to.  I really did.  Fortunately, I have not let it get to the point of going to work in my pajamas.   Now I have the Bananas in Pajamas song stuck in my head.  Phooey.

Shasta
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: thorfourwinds on May 12, 2015, 04:36:32 AM
(http://www.thelivingmoon.com/gallery/albums/userpics/10005/mortgage-fraud-1.jpg)


11 May 2015

Greetings:

This farce has gone on long enough.

Either the Honorable Judge Russell Smith is incompetent - or compromised - as evidenced by his bizarre behavior in this travesty taking place in Superior Court in Rabin County, Georgia, USA.

Being raised on a farm in southwest Colorado, we learned at an early age how to set a trap for a varmint.

Utilizing these rudimentary skills learned at young age, we devised a sure-fire way to conclusively prove ex parte communication between Judge Smith and HSBC's shyster mouthpiece, Richard Maner.


The following 11 pages were entered into Rabin County Court register on 27 April 2015.

On Page 11, we wrote this:

COPIES:
Georgia Attorney General, Sam Olens
Mr. S. Lester Tate, Chairman, Judicial Qualifications Commission
J. Britt Johnson, Georgia FBI Field Office, Mortgage Fraud Special Agent Kevin B. Hagler, Commissioner, Department of Banking and Finance Georgia Senator, Don Balfour
Georgia Representative, Dan Gasaway
Klark Byrd, Editor, The Clayton Tribune
Kevin Riley, Editor, Atlanta Journal Constitution

Here's the trap.

No one other than the Honorable Judge Russell Smith has yet to see a copy of these damning 11 pages!

That's right, for Maner to have wind of this document, it would be only possible through the Judge, sharing this information that has a distinct possibility of major trouble for the two of them.

Here, today, is the SECOND copy of that document, and we will dispatch the document to the above list tomorrow by Certified Mail.


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/Soviet-States-America--120743.jpg)


So, imagine our (non) surprise when we received a letter (regular mail) dated 1 May 2015 from the law firm of BAKER DONELSON, BEARMAN, CALDWELL & BERKOWITZ, P.C. (http://www.bakerdonelson.com/atlanta-buckhead-united-states-of-america/), inserting themselves in the case for HSBC Bank.

"Comes now Jonathan E. Green and Sabrina L. Atkins of the firm BAKER DONELSON, BEARMAN, CALDWELL & BERKOWITZ, P.C., and enters their appearance as counsel of record for HSBC Bank, N.A., as Trustee for Freemont Home Loan Trust 2006-D in the above referenced matter."

So, we, the people, have defeated the first klutz in this unethical and immoral attempt to steal our lovely home, and now, a new team has come to bat. That's really too bad, as we have the documents that confirm that Maner has been caught red-handed before with robo-signed MERS documents; guess who he was representing?

The same schmucks - Ocwen (check out these losers on Rip-Off Report (http://www.ripoffreport.com/r/Ocwen-Loan-Servicing-LLC/nationwide/Ocwen-Loan-Servicing-LLC-Freedom-Mortgage-Claiming-our-mortgage-loan-in-default-Lost-doc-1216745))!

Just for the record, Ocwen, HSBC Bank, MERS and Deutche Bank all share the same address in West Palm Beach.

But that will come up in court, if true justice prevails here.


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/suit_handcuffs.jpg)


Check this out.



(http://www.thelivingmoon.com/gallery/albums/userpics/10005/smith_pg1.png)


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/smith_pg2.png)


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/smith_pg3.png)


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/smith_pg4.png)


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/smith_pg5.png)


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/smith_pg6.png)


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/smith_pg7.png)


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/smith_pg8.png)


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/smith_pg9.png)


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/smith_pg10.png)


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/smith_pg11.png)


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/mortgage-fraud1.jpg)


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/reality.jpg)


Stay un-tuna-ed (http://www.thepostignoranceproject.com/)   :P
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: Shasta56 on May 12, 2015, 06:52:09 PM
Well now I have to ask, where in southwest Colorado?   I'm a Colorado native.  Which these days, is rare in Colorado.  I would offer to hex the judge and the bankers, but that would violate the Rede.  I'll do a negativity banishing and a clarification though.  I just need to get candles tomorrow.

Shasta
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: thorfourwinds on July 14, 2015, 04:56:30 PM
This sure sounds familiar.

http://www.youtube.com/watch?v=20aPHGXJk4E

FIRST SHOTS OF THE REVOLUTION ABOUT TO BE FIRED IN ISABELLA COUNTY MICHIGAN (https://www.youtube.com/watch?v=20aPHGXJk4E)
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: thorfourwinds on July 14, 2015, 08:24:08 PM
We thought this sounded vaguely familiar.    :)


(http://www.thelivingmoon.com/gallery/albums/userpics/10005/a_line_in_the_sand_21oct14.png)


Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes (http://www.thelivingmoon.com/forum/index.php?topic=5894.msg104138#msg104138)
« Reply #26 on: October 07, 2014, 03:22:47 PM »

(http://www.thelivingmoon.com/gallery/albums/userpics/10005/a_line_nazi_criminals.png)
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: thorfourwinds on July 14, 2015, 08:30:19 PM
Quote from: Shasta56 on May 12, 2015, 06:52:09 PM
Well now I have to ask, where in southwest Colorado?   I'm a Colorado native.  Which these days, is rare in Colorado.  I would offer to hex the judge and the bankers, but that would violate the Rede.  I'll do a negativity banishing and a clarification though.  I just need to get candles tomorrow.

Shasta
Greetings:

I thought I answered this question in another thread; perhaps it got buried or derailed.

I was raised on the Essenes of Kosmon farm in Riverside, Colorado, about 8 miles south of Montrose on the way to Ouray, Telluride and the Million Dollar Highway.

Thank you for all you do.

With great respect,
tfw
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: Shasta56 on July 20, 2015, 01:34:51 AM
I tend to not be in favor of violence, but the banking industry in general makes me want to do bad things.  We are still owed a refund for overcharges in our foreclosure case.  We are still owed a refund from DirecTV too.  Oh well, they can just all go out of business due to lousy customer service.

Shasta
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: thorfourwinds on September 18, 2015, 07:16:14 PM
http://www.youtube.com/watch?v=xuE_OMWqANg

70 Million Property Titles Are Fraud Is Yours One Of Them? - YouTube (https://www.youtube.com/watch?v=xuE_OMWqANg)

Published on Sep 24, 2012
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: thorfourwinds on September 23, 2015, 09:12:38 PM
http://www.youtube.com/watch?v=xp1BXwLYILw

Fukushima news; Goldman Sachs CEO Lloyd Blankfein HAS Lymphoma, MAN MADE CANCER, fighting the beast - YouTube (https://www.youtube.com/watch?v=xp1BXwLYILw)
Title: Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
Post by: Gigas on September 23, 2015, 11:24:37 PM
Unfortunately for the indentured little people, the legal system protects the corporate machine by all attorneys who are servants of the court. The system has become so corrupted by dirty business that unless you have a friend on the inside, your chances are slim to win. They will bleed you dry in what ever is left and drag the agony of defeat out for as long as it takes to destroy you. In other words, They will let you think your winning but insider shenanigans between attorneys and judge, decides your case before any decision.

Did you know PRO SE is also a derivative of the word PRO SE CUTER and PRO SE CUTED. Now why do you think that is. The legal system has laws allowing PRO SE but courts will trick you into losing the battle because you as PRO SE cannot be handled by the court as an attorney can. You as PRO SE don't work for the court as the attorney does, thus, the court looks down upon you.

Good luck.

I hope you prevail and they don't burn you down trying.