How To Get The Benefits of A Securitization Audit FREE
How To Get The Benefits of A Securitization Audit FREE
How To Get The Benefits of A Securitization Audit FREE
2009
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Bob Hurt
MortgageAttack.com
4/1/2015
Benefits? WHAT Benefits? Learn below why the audit is a complete waste of resources.
Copyright 1 April 2014 by Bob Hurt. All rights reserved. http://MortgageAttack.com
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note and what shenanigans happened during transfers of note ownership. They
will suggest that the chain of title to the note really matters in a foreclosure
dispute. In reality, as demonstrated by myriad foreclosure sales, it does not
matter at all to the foreclosure judge or trustee. Those scammers will talk about
their certification, credentials, and the crookedness of securitization, putting the
note into the trust after the closing date specified in the pooling and servicing
agreement (PSA), REMIC violations, Bloomberg terminals for researching
Securities and Exchange Commission information, etc. And they will show you a
wad of useless affidavits, and claim to have functioned as expert witnesses. They
will not tell you their affidavits and testimony have no notable effect on
foreclosure decisions.
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http://www.veteranstoday.com/2012/03/27/beware-of-the-latestforeclosure-rescue-scam-securitization-audits/
http://mattweidnerlaw.com/mortgage-securitization-audits-they-are-acrime/
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The lender needs to fulfill certain conditions, listed in 22 of your loan security
instrument, prior to such action, such as notify you that you breached the note,
accelerate the note to make the balance due and payable now, and then take the
matter to the trustee or sue you to get that money or the house.
You Lose the House if You Breached the Note
You SHOULD know that if the lender or his agents or associates engaged in some
crooked behavior that invalidated the note or the loan transaction, that will give
you reason to sue.
If the lender sues you for a breach and wins, the lender gets your house, or money
from its sale, because the lender has a security instrument.
Unlike the lender, you do not have a security instrument that lets you go to the
court or trustee to order the lender or his agent or associate to give up his house
in some kind of foreclosure sale. So how do you deal with injuries you suffered in
the loan process? And how do you find out who owns the note?
Why Not Ask the Servicer and Complain to the CFPB?
You should know that if you want to learn who owns the note, you do not need a
securitization audit because you can just ask the servicer. And that remains true if
you want some error in your loan corrected.
You might know, though many do not, that the US Government has established
the Consumer Financial Protection Bureau (CFPB) to resolve disputes between
borrowers and lenders and their servicers. You can file a complaint at the
following web site:
CFPB Complaint - http://www.consumerfinance.gov/
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6. Did you become a party to, become injured by, or become a third party
beneficiary of:
a. The PSA for a trust that owns your note?
b. Any assignment of your note to another creditor (owner of beneficial
interest in the note)?
If you answered NO to both a and b above, then you know that neither the
assignment nor the PSA have any effect on you whatsoever. Surely you know
they do not affect whether or not you have breached your note or owe a mortgage
loan debt. So, therefore, you know (do you not?) that you have no standing to
dispute or enforce the PSA or any assignment of the note in court. That means
robo-signing of the note (one of those ridiculous things securitization auditors
tell you they will find for you) has become irrelevant to you and to any court.
See, Javaheri v. JPMorgan Chase Bank N.A., 2012 WL 3426278 at *6 (C.D.
Cal. Aug. 13, 2012). ("Plaintiffs here do not dispute that they defaulted on the
loan payments, and the robo-signing allegations are without effect on the validity
of the foreclosure process.)
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In the event the note becomes lost, destroyed, or stolen, the PETE can enforce the
note anyway. See, UCC 3-309 https://www.law.cornell.edu/ucc/3/3-309.
3-309. ENFORCEMENT OF LOST, DESTROYED, OR STOLEN
INSTRUMENT.
(a) A person not in possession of an instrument is entitled to enforce the
instrument if:
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In view of these laws, the Trustees and Courts do not require the PETE to present
the original note in order to foreclose. Some states, like Florida, which require the
original and will not admit into evidence a copy of a negotiable instrument,
provide a law allowing a creditor to reestablish a lost, stolen, or destroyed
instrument, and thereby effectively to create a new, legal original. See Florida
Statutes, Chapter 71, http://goo.gl/hrB9bY.
So, answer these questions:
8. Can a creditor foreclose a lost, stolen, or destroyed note on which you
defaulted?
9. Can a PETE who does not have creditor status foreclose a note in default?
I hope you answered YES to those two questions. If so, you have by now begun to
realize that only two questions have salient importance in your mortgage:
10. Did you breach the note?
11. Does the note lack validity?
If you answer yes to the first question, then you know that the PETE can enforce
the note by foreclosing and forcing a sale of the collateral property your house.
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The ONLY Reliable Basis for Battling the Creditor and Associates
If you answered yes to the second question, then you might have an opportunity
to undo the foreclosure and wind up with the house free and clear, or with a loan
modified to your advantage, or setoffs from your debt, or compensatory and
punitive damages awards. You may sue for injuries that made the note invalid,
whether or not you face foreclosure.
You may NOT sue until you have complied with 20 of your loan security
instrument, which provides the following delightful text:
Neither Borrower nor Lender may commence, join, or be joined to
any judicial action (as either an individual litigant or the member
of a class) that arises from the other partys actions pursuant to
this Security Instrument or that alleges that the other party has
breached any provision of, or any duty owed by reason of, this
Security Instrument, until such Borrower or Lender has notified
the other party (with such notice given in compliance with the
requirements of Section 15) of such alleged breach and afforded
the other party hereto a reasonable period after the giving of such
notice to take corrective action. If Applicable Law provides a time
period which must elapse before certain action can be taken, that
time period will be deemed to be reasonable for purposes of this
paragraph. The notice of acceleration and opportunity to cure
given to Borrower pursuant to Section 22 and the notice of
acceleration given to Borrower pursuant to Section 18 shall be
deemed to satisfy the notice and opportunity to take corrective
action provisions of this Section 20.
You can find applicable law (RESPA Real Estate Settlement Procedures Act
12 U.S.C. 2601 et seq.) and Regulations (Regulation X 12 C.F.R. 1024 et seq.) at
the below web sites, but take note that I have provided links to the latest at this
point in time, and you might need to refer to earlier years based on your
situation:
Law 12 U.S.C. 2601 et seq.
o Current - http://www.gpo.gov/fdsys/pkg/USCODE-2013title12/html/USCODE-2013-title12-chap27.htm
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How to Discover Who Owns Your Mortgage Note: Ask the Servicer
So let us get on with this final question:
15. How do I find out who owns the note?
How to Avoid Paying the Wrong Party
Most people worry about who owns the note because they do not want to pay the
wrong person and then face an accusation of breaching the note through nonpayment. Some simply want to mount a challenge against foreclosure, thinking
that if the wrong person forecloses, that will justify asking the court to dismiss
the case or stop the foreclosure.
Suppose you do not know who owns the note and you fear that the wrong person
will receive your mortgage payments. That could open you to an accusation by
the real creditor that you breached the note through non-payment. The courts
provide a means for ensuring that your payment goes to the right party: the
Interpleader Action.
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Your loan security instrument identifies whom to pay. If you ever doubt whom to
pay, you can file the interpleader action to remove doubt and comply with the
terms of your loan. The court will assign someone to take your money and pay it
to the correct party.
Federal Law Helps You Find the Owner of the Note
As to how to find out who owns the note, federal law requires the creditor and
servicer to notify you of any change in creditor or servicer timely so you do not
pay the wrong party. Read the law for yourself, here:
http://www.gpo.gov/fdsys/pkg/USCODE-2013-title15/html/USCODE2013-title15-chap41-subchapI-partB.htm
See, 15 U.S.C. 1641(f)
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assignee of the debt shall notify the borrower in writing of such transfer,
including
(A) the identity, address, telephone number of the new creditor;
(B) the date of transfer;
(C) how to reach an agent or party having authority to act on behalf of
the new creditor;
(D) the location of the place where transfer of ownership of the debt is
recorded; and
(E) any other relevant information regarding the new creditor.
(2) Definition
As used in this subsection, the term "mortgage loan" means any consumer
credit transaction that is secured by the principal dwelling of a consumer.
Thus, the borrower should always have timely notice in order to pay the right
party and to know whether the right party has made any effort to foreclose a
defaulted loan.
If in doubt the borrower need only call or write to ask the servicer. The servicer
must give the borrower the identity and contact information for the creditor, and
the details regarding escrow for insurance and property tax, and other
information regarding servicing the loan.
Get Help from the Consumer Financial Protection Bureau
If the servicer plays dumb or either the servicer or creditor fail to inform the
borrower, then the borrower may seek enforcement assistance from the CFPB.
As I mentioned above, you can file a complaint via the web site:
CFPB Complaint - http://www.consumerfinance.gov/
Sue the Creditor and/or Servicer
As to punishing servicer recalcitrance, federal law provides borrowers with a
private right of action against the creditor and/or servicer as appropriate. The
court can order the defendants to pay the borrower up to $4000, plus any actual
damage, plus legal fees and costs of the action. The court can force the
defendants to give the proper information to the borrower.
See, 15 U.S.C. 1640(a)
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You can satisfy your curiosity about the PSA and other documents related to your
loan, such as the banks 424(b)(5) prospectus form filing. You need only dig
around in Edgar at the Securities and Exchange Commissions web site here:
http://www.sec.gov/edgar.shtml
You can find the regulations requiring such filings in 17 C.F.R. 230.424
http://www.ecfr.gov/cgi-bin/textidx?SID=57184594b5d369711682228bbd070274&mc=true&node=pt17.3.2
30&rgn=div5#se17.3.230_1424
If still in doubt, pick up the phone. Call the servicer, and ask, Who owns my
note? If you get the bums rush, try it in writing, then contact the CFPB, and
complain. If that does not work, SUE.
But under NO CIRCUMSTANCES should you bother with a securitization audit.
It will only waste your money and your time, and give you zero benefit.
Yes, I know I titled the article to make it seem like securitization audits provide
benefits you can get free. Well I gave you FREE those benefits that a
securitization auditor fools victims into thinking they will get for a big fat fee, but
which the victims do not get at all.
How to Get the Benefits of a Securitization Audit FREE
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If you already made the ill-informed mistake of paying a securitization auditor for
that useless audit, I suggest that you demand a full refund and report that
scalawag to the State Attorney General. Why? Because those crooked auditors
know they sell useless junk.
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