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Archive for the ‘Loan Modification’ Category

Loan Modification|Reduce Debt|Stop Foreclosure

Thursday, January 6th, 2011


Get A Loan Modification Today!
Call Hotline 1.800.826.1929

Loan Modifications may help homeowners’ keep
Their homes by reducing debt and stopping
foreclosure as we face hyper-inflation in 2011.
Happy New Year!

Today our national debt reached $14 trillion
dollars, and inflation has increased by 26.9%.
Bankruptcies and foreclosures are up. 42 million
people are now on food stamps with many
currently living in shanty towns or tent cities
not yet within the general public sight.

Gold is trading over the $1,400 mark and is
predicted to reach between $5,000 and $6,000
within the coming two years. Gas, oil, cotton,
commodities, and other precious metals such as
silver and copper are skyrocketing at record
levels as well. Interest rates will be climbing
soon. Gasoline is over $3.00 a gallon and will
possibly reach $6.00 by the end of this year.
46 States are financially in trouble and are
warning their citizens that hard decisions are
going to be made.

Unlike the Federal Government, State
Governments cannot print money to balance
their debt which is in the billions.

Why are we in this position? It’s because
Congress has tried to spend or “inflate” the
debt away while continually the debt ceiling
level year after year. We as a nation, overall,
spend more money than we generate in terms
of the gross national product. We don’t have
jobs especially manufacturing jobs, because
our country has the highest corporate tax
structure in the world. It is simply too
expensive for new businesses or manufacturers
to do business in the good old U.S.A..

The economic climate is currently anti-business.
We are being regulated and taxed to death –
just note the number of bills and laws passed by
California just this past year alone. If one wants
to generate income, one has to take classes, pass
exams, pass policies and procedures, pay a fee to
get a license, buy health and auto insurance, and
continue to take on-going life-long learning
classes before making a dime — how do you do that
when initially unemployed?

Our government officials like Timothy
Geithner, and most US citizens are in denial.
The stock market is currently bullish, but there
will soon be a severe correction when the world’s
reserve currency changes from the dollar to
perhaps the Bancor (a new global currency). Do
you remember President Clinton calling
for a new world order and President O’bama
telling us that we need “to spread the wealth
around?” Well, as I speak, shops and businesses
in Texas, on the Eastern seaboard, Canada,
Germany, France, the Middle East, China, Japan
and Mexico are putting up store-front signs
indicating that they are wanting to trade and
exchange currency in anything other than
the dollar. Our friends and enemies like the
Euro, Yen, Pesos,and Gold — not the dollar.

What can you do to protect yourself? It’s getting
late, but start getting your own house in order.
Buy food, water, ammo, and a plot of land out
in the country for escape and so you can grow
your own food in the coming days of chaos. Also,
reduce your debt and save as fast as you can.
Pensions, 401K’s, and Social Security will be
stripped away to pay-off the debt. It’s not a
pretty picture to paint, but the signs are all here:

  1. Prisoners are being released
  2. Gambling is legal
  3. Having an ounce of marijuana is no
    longer a felony
  4. Buildings are being sold
  5. Companies are being bailed-out
  6. Bars are closing
  7. Our borders are open
  8. Cities and neighborhoods are becoming
    ghost towns
  9. Green rivers
  10. Massive bird and fish kills
  11. Earthquakes
  12. Severe weather patterns
  13. And the list goes on!

Yup, I’m a nut case and a worrier — but the truth
will be told. Just ring in this “new” year.

Reduce principal and interest rates today!!!

Call 1.800.826.1929 for a “real” loan modification!

Dave Brigle, Managing Member

Foreclosure Prevention Institute, LLC

(Nationwide Company)

271 Viking Dr
Battle Creek, Michigan 49017

brigle@appraisaloffice.biz

Reduce Debt and Stop Foreclosure With
A Loan Modification

We will fight for you!

http://ForeclosurePreventionInstitute.com

Credit Solutions & Debt Relief

Obama’s Mortgage Relief Program Needs Help

Thursday, December 23rd, 2010

The government on Wednesday, January 22, 2010, reported that
more than half of the homeowners who applied and/or received loan
modifications through Obama’s foreclosure relief program are falling
out of the program at record numbers. About 1.4 million homeowners
applied.

Homeowners are given a chance to keep their homes by providing
lower mortgage payments on a trial basis. However, the program
has failed to convert them into permanent loan modifications.
30,000 borrowers received trial modifications in November, and
26,000 borrowers received permanent modifications in November as
well. Foreclosures have fallen as well, but that is temporary.

Some of the Big Lenders are having to redo foreclosure procedures
and paperwork to recover from the massive fraud conducted by the
robo-signing fiasco and/or mishandling of paperwork submitted to courts
across the nation.

One of the reasons for homeowners falling out of the government
relief program is due to loss of paperwork by either the lender or
homeowner. Personally, I know of homeowners who have had to
submit paperwork 3 or 4 times in attempting to get a permanent
loan modification. The documents get lost in the banking
department shuffle or the process is so slow that the financial
documents need to be updated or resubmitted.

Another reason is that homeowners lose their homes because
the foreclosure/legal department is separate from the loan
modification department. Homes are foreclosed before the
loan modifications are completed.

I also speculate that many homeowners who apply for loan
modifications are without jobs/income to support the
mortgage payments or do not act fast enough. To be
accepted into the program, the accepted policy is that the
homeowner can only be 3 months or less behind in their
mortgage payments and do need some sort of job or income
to qualify. I know of several homeowners who go through
a grieving process of denial and helplessness. They just
give up.

This whole relief program involved a 54 billion ear-marked package.
Today, 729 million dollars has been spent which surely excites the
banking industry and Congress as well…both being bedfellows.
The whole system is designed so the banks don’t lose money. Servicing
companies and banks make more money foreclosing than they do in
helping homeowners keep their homes.   The subprime loans are
were insured by the government. Homeowners pay insurance (pmi)
until they have an 80% loan to value ratio.

Whether you are a homeowner or not, you the public lose either
way. Homes are continuiing to lose value, foreclosures will continue
to rise, and we can be assured of higher taxes and fees in this deepening
recession.

If you have experienced mortgage fraud, need a loan modification, or
have been denied in the Hope/Relief Government Foreclosure Program
call ForeclosurePreventionInstitute, LLC for more information or for
a free evaluation or real solution, call the hotline: 1.800.826.1929

Dave Brigle, Managing Member
Foreclosure Prevention Institute, LLC
271 Viking Dr
Battle Creek, MI 49017
1.800.826.1927
brigle@appraisaloffice.biz
http://www.ForeclosurePreventionInstitute.com

Forensic Audits & Loan Mods

How Lenders Are Legally, But Fraudently Stealing Homes

Friday, December 10th, 2010

Foreclosure Prevention Institute, LLC
Dave Brigle, Managing Member
271 Viking Dr
Battle Creek, MI 49017
Hotline: 1.800.826.1929
brigle@appraisaloffice.biz

Credit Solutions & Debt Relief

Forensic Audits Bring Lenders To The Negotiating Table

Friday, December 10th, 2010

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CALL 1 800 826.1929 for A Forensic Mortgage Loan Audit
Talk to Dave Brigle, Managing Member
Foreclosure Prevention Institute, LLC

http://ForeclosurePreventionInstitute.com

Credit Solutions & Debt Relief

Principal Balance Reduction For A Fresh Start

Friday, November 5th, 2010

Saving the American Dream 800.826.1929

    Why A Principal Balance Reduction Is Needed                     

       Today, many homes and businesses are
currently underwater in that homeowners or
investors owe more than their homes
or commercial properties are worth. 
In a general sense, either the lendee entered into a
loan that he/she could not afford; or due to drop
in property values caused by the poor economy,
the homeowner/investor is wanting to just walk
away from their toxic loan.   It’s a national problem
and is growing.  Analysts predict that the real estate
market will not turn around for 15 years or more.

      People are struggling to pay their mortgages and from a business
stance don’t want to throw their hard earned dollars on bad loans especially
when the loan to value ratios are way out of kilter.   It used to be that one
could refinance or sell a property to help correct a financial problem.  However,
it is next to impossible when one owes more than what the property is worth, and
also when credit and money are so tight.

    What A Principal Balance Reduction Is

      A Principal Balance Mortgage Reduction can help solve the above
stated problems.  Furthermore, it will somewhat alleviate debt to help prevent
foreclosure and provides an opportunity for a ”Fresh Start.”  It is similar
to a refinance, but the loan is sold short.  Hedgefunds (Investors with millions
of dollars) are willing to buy back poor performing loans as a “bundle” from
the bank at huge discounts (50 cents on the dollar).  The residential/commercial
loans purchased by the hedgefunds are restructured into 30 year fixed-rate loans
for the homeowners/investors but at current market values.

     Thus, a Principal Balance Reduction is better than a Loan Modification
because the loan to value ratios are now in sinc.  The interest rates are
also very reasonable (around 5.5% to 8%).  One can have good or bad credit,
but of course the better the credit the better the interest rate.

     The exciting part of the Principal Balance Reduction Program is that
all players benefit.  The lender/bank gets the bad loans off their books to
free up their money (TARP money is used to reimburse the banks), the
investor makes a profit (spread between the negotiated price and current
market value), and the homeowner/businessman can keep their property,
stop foreclosure, save thousands of dollars over the life of their loan
(lower balance and mortgage payment), and get out of debt.   
It’s a win, win & win situation.

     There are only a few requirements to qualify for a principal
balance reduction:

  •   The property needs to be 20% or more underwater,
  •   The owner needs to have income to support the new loan,
  •   The owner’s debt to income ratio needs to be 50% or below,
  •   The owner cannot currently be in bankruptcy.
  •   And if in foreclosure, the property normally needs to be near
      the beginning of the redemption period

     Process Involved & How Long?

     It takes time (usually 3 to 6 months) to complete a Principal Balance Reduction.
Time is needed to gather documents, complete application, obtain an appraisal,
do a forensic audit if needed to strengthen negotiation posture, negotiate
individually the principal balance reductions with the various bank attorneys
and if necessary get investors’ approval who backed the original loans, obtain
homeowners’ signatures and acceptance, and then final bundling and selling
of the restructured loans to the Hedgefund(s). Once accomplished the
homeowner has a new modified loan at fair current market value.

     The Principal Balance Reduction Program cannot be guaranteed throughout
the whole process as described above. There can be many stumbling parts.
Situations change and banks do not have to grant Principal Reductions.
It is sometimes easier, though, to obtain a Principal Reduction from the big banks
versus local banks and credit unions due to the number factor…easier to
negotiate and bundle. The cost for a Pincipal Balance Reduction Program is about
five thousand to eight thousand dollars, but only paid if accepted into the
Principal Balance Reduction Program. This is not a lot of money considering
the huge savings involved.

Call 1.800.826.1929 For More Information

     If you would like more information regarding Principal Balance Reductions or are
interested in getting a Fresh Start, then call 1.800.826.1929 and talk to Dave Brigle
(Managing Member) at Foreclosure Prevention Institute, LLC
Foreclosure Prevention Institute, LLC is a conduit and is involved in the best
National Principal Balance Reduction Program available today.  TARP money is
being used, and so it is not known how long this unique Federally Approved Program
will be around. It has been a real business endeavor to coordinate and assemble this
New Principal Balance Reduction Program.   Foreclosure Prevention Institute, LLC
interest has always been to reach-out and help residential and commercial property
owners save their homes and businesses, get out of debt, and regain financial
prosperity. Foreclosure Prevention Institute, LLC has 30 plus years in foreclosures
and the real estate market.  Dave will answer your biggest nagging question(s)
regarding foreclosure and help find the best home solution for you. Call our
Hotline at 1.800.826.1929.   Get started today!!!

Dave Brigle, Managing Member
Foreclosure Prevention Institute, LLC271 Viking Dr
Battle Creek, MI 49017
800.826.1929
http://www.ForeclosurePreventionInstitute, LLC
brigle@appraisaloffice.biz
Nationwide and Especially Serving Western Michigan

Save America by Stopping Foreclosure 1.800.826-1929

Principal Balance Reduction Can Revive Mortgage

Thursday, October 14th, 2010

Saving the American Dream 800.826.1929

Congratulations in deciding to obtain a Principal Balance Reduction
to resolve mortgage issues. Like the Chilean Miners who were
successfully rescued tonight, you too can be rescued from a
financial mess and in effect “reborn.” Getting out from under
your house and drowning debt can certainly pump life back into an
individual who previously saw no hope. With lower terms and a
fixed rate at current market value, one is energized and revitalized
to get a fresh start and get back to living. The “sky” becomes the
limit.

Getting a Principal Balance Reduction is the best business decision
one could make in these oppressive economic times if you are facing
foreclosure or have experienced a true hardship. Actually with the
major lending institutions halting all foreclosures and all 50 states
investigating the robotic handling of foreclosures, this is a great time
to structurally refinance your home.
It does not matter if you have
good or bad credit as long as you are not currently in bankruptcy.

Usually it takes 30 to 90 days to successfully negotiate and complete
a Principal Balance Mortgage Reduction once a homeowner qualifies.
Residential and investment properties are accepted. To be considered
for a Principal Reduction, one needs to be about 25% underwater
(example: Owe $100,000 but house is worth only $75,000).

Banks don’t like to lose money and neither should you. It’s business.
One does not throw good money at a poor investment. In deciding whether
or not to accept/keep the deal, one would choose to either walk away or restructure
it so it makes sense. That’s part of negotiations, and can be a win-win type
of situation. The lender wins by getting back a performing loan, the investor
earns money at a discount, and you, the homeowner,  saves money over the
life of the newly written note. You will have a lower principal balance, a fixed-rate,
a lower mortgage payment, and possibly a lower interest rate.

Call Foreclosure Prevention Institute, LLC at 800.826.1929
for more information regarding
Principal Balance Mortgage Reductions or apply at
http://ForeclosurePreventionInstitute.com .

Dave Brigle
Managing Member
Foreclosure Prevention Institute, LLC
271 Viking Dr
Battle Creek, MI 49017
800.826.1929
brigle@appraisaloffice.biz

MERS: 65 Million Titles Clouded

Thursday, September 23rd, 2010

NO. THERE’S NO LIFE AT MERS

Posted on Townhall.com 22 September 2010.

NO. THERE’S NO LIFE AT MERS

By Damian “DinSFLA” Figueroa

Mortgage Electronic Registration Systems, Inc (MERS) has a very long history. The beginning stages have remained a mystery until now.

In 1989, Brian Hershkowitz developed the “Whole Loan Book Entry” concept while serving as a director for the Mortgage Bankers Association (MBA). In 1990, he first introduced this concept to seven different industry group; Document Custodian, Originators, Servicers, Title Insurers, County Recorders, Government Sponsored Enterprises (GSE’s) and Warehouse/Interim Lenders. The reception was very positive and it was viewed as a very useful recording system to be used for how equity and debt securities could be identified and managed.

In 1991, Mr. Hershkowtiz published Farming It Out in Mortgage Banking Magazine. His main discussion in this article is primarily about getting the opinion of the experts in the technology outsourcing service industry. In 1992, Mr. Hershkowitz published another article called Cutting Edge Solutions in Mortgage Banking Magazine. In this particular article he mentions the actual meeting that took place at the Mortgage Bankers Association of America (MBA) headquarters with many key players that are known today as some of MERSCORP’s shareholders, such as, Fannie Mae and Freddie Mac. In this meeting they discussed a “System” that will bring changes in mortgage records.

Mr. Hershkowitz went on to become President and COO of LandSafe Credit, a leading settlement service provider that was a subsidiary of Countrywide. Mr. Hershkowitz also spent several years serving Countrywide in the areas of strategic planning and executive management.

In 2001, Mr. Hershkowitz became Executive Vice President at Fidelity National Information Services (FNIS) and President of its mortgage and information services division. His responsibilities included management of the Company’s data offerings, including public records information, credit reporting information, flood hazard compliance data, real estate tax information and collateral valuation services. He left FNIS in November of 2006 to become Chief Executive Officer of Maximum Value Group, a consulting firm focused on providing advice to private equity and other market participants in the area of banking and mortgages.

ENTER THE X-FILES

MERS has evolved into a totally different purpose today.

Mortgage Electronic Registration Systems, Inc. is a wholly owned subsidiary of MERSCORP Inc., located at 1595 Spring Hill Rd Ste 310 Vienna, VA 22182.

MERS was founded by the mortgage industry. MERS tracks “changes” in the ownership of the beneficial and servicing interests of mortgage loans as they are bought and sold among MERS members or others. Simultaneously, MERS acts as the “mortgagee” of record in a “nominee” capacity (a form of agency) for the beneficial owners of these loans.

To ensure widespread acceptance within the industry, MERS sought to have security instruments modified to contain MERS as the original mortgagee (MOM) language. MERS began to change decades of business practices after the two biggest mortgage funders in the U.S. the Federal Home Loan Mortgage Corporation (Freddie Mac) and the Ferderal National Mortgage Association (Fannie Mae) modified their Uniform Security Instruments to include MOM language. Their approval opened the doors to incorporate MERS into loans at origination

Soon after, U.S. government agencies like the Veterans Administration, Federal Housing administration and Government National Mortgage Association (Ginne Mae), and several state housing agencies followed both Fannie/Freddie to approve MERS.

More than 60 percent of all newly-originated mortgages are registered in MERS. Its mission is to register every mortgage loan in the United States on the MERS System. Since 1997, more than 65 million home mortgages have been assigned a Mortgage Identification Number (MIN) and have been registered on the MERS System.

The mortgage-backed security (MBS) sector tested the viability of MERS because a substantial number of mortgages are securitized in the secondary market. In February 1999, Lehman Brothers was the first company to include MERS registered loans in a MBS.

Moody’s Investor Service issued an independent Structured Finance special report  on MERS and it’s impact of MBS transactions and found that where the securitzer used MERS, new assignments of mortgages to the trustee of MBS transactions were not necessary.

Since MERS is a privately owned data system and not public, all mortgages and assignments must be recorded in order to perfect a lien. Since they failed to record assignments when these loans often traded ownership several times before any assignment was created, the legal issue is apparent. MERS has destroyed the public land records by breaking the chain of title to millions of homes.

IN MERS CEO’S OWN WORDS

In or around the summer of 1997, MERSCORP President and CEO R.K. Arnold wrote, “Yes, There is life on MERS” Mr. Arnold stated, “Some county recorders have expressed concerns that MERS will eliminate their offices nationwide or destroy the public land records by breaking the chain of title. As implemented, MERS will not create a break in the chain of title, and, because MERS is premised on an assignment recorded in the public land records, MERS cannot work without county recorders.”

In this same article Mr. Arnold also states “The sheer volume of transfers between servicing companies and the resulting need to record assignments caused a heavy drag on the secondary market. Loan servicing can trade several times before even the first assignment in a chain is recorded, leaving the public land records clogged with unnecessary assignments. Sometimes these assignments are recorded in the wrong sequence, clouding title to the property”. Mr. Arnold never mentions the fact that the mortgage notes have been securitized, thereby becoming “negotiable securities” under the Uniform Commercial Code.

In an interview for The New York Times, Mr. Arnold said, “that his company had benefited not only banks, but also millions of borrowers who could not have obtained loans without the money-saving efficiencies MERS brought to the mortgage trade.”

Mr. Arnold went on to say that, ” far from posing a hurdle for homeowners, MERS had helped reduce mortgage fraud and imposed order on a sprawling industry where, in the past, lenders might have gone out of business and left no contact information for borrowers seeking assistance.”

“We’re not this big bad animal,” Mr. Arnold said. “This crisis that we’ve had in the mortgage business would have been a lot worse without MERS.”

Unfortunately, even a simple search in the Florida Land Records proves the opposite to be the case. Researchers have  easily found affidavits of lost assignments actually stating, “the said mortgage was assigned to Mortgage Electronic Registration Systems, Inc., from “XXXXXXX”, the original of the said assignment to Mortgage Electronic Registration Systems, Inc., was lost, misplaced or destroyed before same could be placed of record with the Florida Land Records County Clerk’s office; That, “XXXXXXX”, it’s successors and/or assignee is no longer in business/or do not respond to our request for a duplicate assignment, and therefore, a duplicate original of said assignment cannot be obtained.”

According to affidavits such as these, not only have the borrowers lost contact with the lenders, but the same is true that MERS did as well.

On September 25, 2009, Mr. R.K. Arnold was deposed in Alabama. Mr. Arnold admitted MERS does not have a beneficial interest in any loan, does not loan money and does not suffer a default if monies are not paid. On November 11, 2009, William C. Hultman was deposed in Alabama and made the same admissions.

Yet again, researchers have easily located affidavits recorded in the Florida Land Records stating “That said Deed of Trust has not been assigned to any other party and that MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, Inc. is the current holder and owner of the Note and Deed of Trust in question.”

NO. THERE’S NO LIFE AT MERS

Aside from not recording assignments, Mr. Arnold failed to mention that the certifying officers given authority to execute sensitive loan documents would not be paid employees of MERS. This raises the critical legal question as to how one can act as a certified officer and execute any equitable interest on behalf of any security instruments without being an employee of MERS.

On April 7, 2010, in the Superior Court of New Jersey, MERS Treasurer and Secretary William C. Hultman gave an oral sworn video/telephone deposition in the case of Bank Of New York v. Ukpe.:

Q Do the assistant secretaries — first off, are
you a salaried employee of MERS?
A No.

Q Are you a salaried employee of MERS Corp,
Inc.?
A Yes.

Q Are any of the employees of MERS, Inc.
salaried employees?
A I don’t understand your question.

Q Does anyone get a paycheck, if they are an
employee of MERS, Inc., do they get a paycheck from
Mercer, Inc.?
A There is no MERS, Inc.

Q I thought, sir, there’s a company that was
formed January 1, 1999, Mortgage Electronic Registration
Systems, Inc. Does it have paid employees?
A No, it does not.

Q Does it have 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.

<SNIP>

Q How many assistant secretaries have you
appointed pursuant to the April 9, 1998 resolution; how
many assistant secretaries of MERS have you appointed?
A I don’t know that number.

Q Approximately?
A I wouldn’t even begin to be able to tell you
right now.

Q Is it in the thousands?
A Yes.

Q Have you been doing this all around the
country in every state in the country?
A Yes.

Q And all these officers I understand are unpaid
officers of MERS?
A Yes.

Q And there’s no live person who is an employee
of MERS that they report to, is that correct, who is an employee?
A There are no employees of MERS.

If so, how does anyone have any authority to sign security instruments encumbered by any loan documents, if these certifying officers are not paid employees and never attend corporate meetings in the capacity as Vice President, Assistant Secretary, etc. with Mortgage Electronic Registration System, Inc..

COURTS FIND ISSUES WITH MERS

Federal and state judges across America are realizing that the mortgage industry’s nominee is backfiring.

In Mr. Arnold’s own words, “For these servicing companies to perform their duties satisfactorily, the note and mortgage were bifurcated. The investor or its designee held the note and named the servicing company as mortgagee, a structure that became standard.” What has become a satisfactory standard structure for the mortgage industry has not been found by many courts to be legally sufficient to foreclose upon the property.

Again, MERS only acts as nominee for the mortgagee of record for any mortgage loan registered on the computer system MERS maintains, called the MERS System. MERS cannot negotiate a security instrument. Therefore, MERS certifying officers cannot have legal standing to assign what MERS does not own or hold.

The Supreme Court of New York Nassau County:
Bank of New York Mellon V. Juan Mojica Index No: 26203/09
Justice Thomas A. Adams stated, “Not only has plaintiff failed to establish MERS’ right as a nominee for purposes of recording to assign the mortgage, more importantly, no effort has been made to establish the authority of MERS, a non-party to the note, to transfer its ownership.”

The Supreme Court of Maine:
Mortgage Electronic Registration Systems, Inc. v. Saunders, No. 09-640, 2010 WL 3168374, (Me. August 12, 2010) The Court explains that the only rights conveyed to MERS in either the Saunders’ mortgage or the corresponding promissory note are bare legal title to the property for the sole purpose of recording the mortgage and the corresponding right to record the mortgage with the Registry of Deeds. This comports with the limited role of a nominee. A nominee is a “person designated to act in place of another, usu[ally] in a very limited way,” or a “party who holds bare legal title for the benefit of others or who receives and distributes funds for the benefit of others.” Black’s Law Dictionary 1149 (9th ed. 2009).

In Hawkins, No. BK-S-07-13593-LBR, 2009 WL 901766
The Court found that the deed of trust “attempts to name MERS as both beneficiary and a nominee” but held that MERS was not the beneficiary, as it had “no rights whatsoever to any payments, to any servicing rights, or to any of the properties secured by the loans.”

In Re: Walker, Case No. 10-21656-E-11 Eastern District of CA Bankruptcy court rules MERS has NO actionable interest in title. “Any attempt to transfer the beneficial interest of a trust deed without ownership of the underlying note is void under California law.” “MERS could not, as a matter of law, have transferred the note to Citibank from the original lender, Bayrock Mortgage Corp.” The Court’s ruled that MERS and Citibank are not the real parties in interest.

In re Vargas, 396 B.R. at 517-19. Judge Bufford found that the witness called to testify as to debt and default was incompetent. All the witness could testify was that he had looked at the MERS computerized records. The witness was unable to satisfy the requirements of the Federal Rules of Evidence, particularly Rule 803, as applied to computerized records in the Ninth Circuit. See id. at 517-20. “The low level employee could really only testify that the MERS screen shot he reviewed reflected a default. That really is not much in the way of evidence, and not nearly enough to get around the hearsay rule.”

FRAUD ON THE COURT

In US Bank v. Harpster the Law Offices Of David J. Stern committed fraud on the court by the evidence based on the Assignment of Mortgage that was created and notarized on December 5, 2007. However, that purported creation/notarization date was facially impossible: the stamp on the notary was dated May 19, 2012. Since Notary commissions only last four years in Florida (see F .S. Section 117.01 (l)), the notary stamp used on this instrument did not even exist until approximately five months after the purported date on the Assignment.

The Court specifically finds that the purported Assignment did not exist at the time of filing of this action; that the purported Assignment was subsequently created and the execution date and notarial date were fraudulently backdated, in a purposeful, intentional effort to mislead the Defendant and this Court. The Court rejects the Assignment and finds that is not entitled to introduction in evidence for any purpose. The Court finds that the Plaintiff does not have standing to bring its action.

The Court dismissed this case with prejudice.

In Duval County, Florida another foreclosure case was dismissed with prejudice for fraud on the court. In JPMorgan V. Pocopanni, the Court found that Fishman & Shapiro representing JPMorgan had actual knowledge at all times that the Complaint, the Assignment, and the Motion for Substitution were all false. The Court found that by clear and convincing evidence WAMU, Chase and Shapiro & Fishman committed fraud on this court.

Both these cases involved Mortgage Electronic Registration Systems Inc. assignments.

FRAUD INVESTIGATIONS

Two RICO Class Action lawsuits have commenced against Foreclosure Law Firms and MERSCORP for fabricating and forging documents that are entered into courts as evidence in order to have standing to foreclose. Unknown to judges and the borrowers, they accept these documents because they are executed under perjury of the law. These “tromp l’oeil” actions have finally surfaced and the courts has taking notice.

The lack of supervision and managing of MERS “Robo-Signers” has led to a national frenzy of fabrication, forgery and certifying officers wearing multiple corporate hats. Anyone who compares signatures of these certifying officers will see a major problem with forgery in hundreds of thousands affidavits and assignments which creates an enormous dark cloud of title defects to millions of homes across the US.

On August 10, 2010 Florida attorney general Bill McCollum announced that he is investigating three foreclosure law firms for allegedly providing fraudulent assignments and affidavits relating in foreclosure cases.

In a deposition taken in December 2009, GMAC employee Jeffrey Stephan said he signed 10,000 affidavits or similar documents a month without personally verifying who the mortgage holder was. That means many foreclosures could have taken place based on false documentation and many homes may have been unlawfully foreclosed on.

On September 20, 2010, GMAC halted foreclosures in 23 different states. Two of the three firms being investigated by the Florida attorney general, the Law Office of Marshall C. Watson and the Law Offices of David J. Stern PA, have represented GMAC in foreclosure proceedings.

This is not limited to only GMAC Mortgage. There are many hundreds of thousands of these same documents that are being created by many foreclosure law firms across the nation.

University of Utah law professor Christopher L. Peterson has raised the issue that MERS should be regarded as a debt collector. He argues that some of MERS’ methods are just the sort of deceptive practices that ought to be regulated under The Fair Debt Collection Practices Act (FDCPA), 15 U. S. C. §1692(a),(j).

CONCLUSION

Finally in May, 2009, Mr. Arnold said in Mortgage Technology Magazine, “Every system in the mortgage industry can switch MERS registry on or off at will,” referencing that both the Obama administration and Congressional leaders are aware of this.

President Obama and Congressional leaders it is time to permanently switch MERS lifeless device off!

Not until MERS became the primary focus for challenges to legal standing in foreclosure courts as reported as the alternative media, have the main stream media and the mortgage industry have begun to realize that property records cross the United States have become totally unreliable.

It has taken more than a decade for the courts to recognize that MERS has become a mortgage backfire system leaving clouded titles in over 65 million loans since 1997.

Courts across the nation must comply with the law.  Any documents submitted to the courts regarding property ownership should be assumed to be nothing but smoke in a mirror.

No, Mr. Arnold, there’s no life at MERS.

Damian Figueroa, “nominee” of stopforeclosurefraud.com, a blog on Foreclosure Fraud.

Saving the American Dream 800.826.1929

Dave Brigle
Managing Member
ForeclosurePreventionInstitute, LLC
271 Viking Dr
Battle Creek, MI 49017
1.800.826.1929
www.ForeclosurePreventionInstitute.com
brigle@appraisaloffice.biz

We fight to save homes through legal channels. If you are facing foreclosure or mortgage is upside down call me at 1.800.826.1929 or email me at brigle@appraisaloffice.biz. Will help find a home solution for you. We care and have
30 plus years experience in the real estate, foreclosure, mortgage and appraisal industry.

Obtain a Principal Balance Reduction Program

Monday, September 6th, 2010

The Real Foreclosure Scam Is Coming From The Government.

Wednesday, September 1st, 2010

Government Foreclosure Prevention Programs are just a CON of
homeowners and taxpayers that are designed to help the banks.

Yesterday I posted Martin Andelman’s article AMERICA LOST:
Treasury’s meetings with bloggers tells a story that I didn’t
want to hear.  You can find Martin’s article at ML-Implode.com.
Martin Andelman in my opinion is intellectually honest, while
we do not agree politically we do share this common attitude
about the foreclosure crisis.  It is interesting to note that
the bloggers invited to attend Treasury’s meeting were mostly
from the “liberal bloggistsphere” and they all seemed to come
away with the same soured view of what is coming out of
Washington today.

The cat is out of the bag.  From Martin’s article, “This past
August 16th and 18th, when the Treasury Department invited
some bloggers to come hear what Tim Geithner and other nameless
Treasury officials had to say on a range of topics, including
the foreclosure crisis and the Home Affordable Modification
Program, HAMP.  Officials pointed out what may have been an
agonizing process for individuals was a useful palliative for
the system as a whole.”

Palliative:  treating symptoms only: alleviating pain and
symptoms without eliminating the cause.

This is the official government policy of the O’bama regime,
“let the people feel the pain and protect the banks and
financial institutions.”
It is time for individuals to take action!  

Lawsuits and Mortgage Principal Reductions are working.
Loan Modifications make no sense because most people are
upside down and home values are still going down, I think
another 25% just to the baseline of the 120 yr average.

ForeclosurePreventionInstitute.com is actively looking for
attorneys in the State of Michigan.  We are already doing the
Mortgage Principal Reduction program with private money.

Dave Brigle
Constitutional Conservative

800-826-1929

 

Save America by Stopping Foreclosure 1.800.826-1929

Dave Brigle
Managing Member
Foreclosure Prevention Institute, LLC
271 Viking Dr
Battle Creek, MI 49017
Hot line: 800.826.1929
brigle@appraisaloffice.biz
http://ForeclosurePreventionInstitute.com

Homeowner’s A Call To Action

Tuesday, August 31st, 2010

Save America by Stopping Foreclosure 1.800.826-1929

The following is from Martin Andelman it is a call to
action directed at homeowners and homeowner advocates
regardless of political affiliation. Let it be known
that ForeclosurePreventionInstitute.com has taken a
position on the wall next to Martin Andelman to defend
this great country.

Dave Brigle, “Constitutional Conservative”
ForeclosurePreventionInstitute.com

AMERICA LOST: Treasury’s meetings with bloggers tells
a story that I didn’t want to hear.

Posted 2010-08-30 — ml-implode.com by Martin Andelman
of Mandelman Matters.

I talk to a lot of homeowners from all over the
country every single day, and it’s been like that for
almost two years now. Each day, I’ve try to do whatever
I can to help those struggling to hold on both financially
and emotionally. They reach out to me looking for answers,
and I don’t know what else I could do but help in whatever
way I can.

I hear a lot of anger, a lot of fear, and a lot of resignation
at America lost. I write about injustice, rant about
intolerance, and fight to stop ignorance. I try to speak out
for people that can’t find their voice at the moment. A friend
called me the other day. When I answered he said, “Still
trying to save the world one homeowner at a time?” We both
laughed. Yes, I suppose I am, I thought to myself. It’s what
I can do… write and try to help where I can. I started by
writing a few articles in the fall of 2007, and I took my act
online in December of 2008 when I started blogging on MSNBC’s
Newsvine. In April of 2009, Mandelman Matters was born and
since then I’ve worked seven days a week, and so many hours
a day that I’d rather not say. I’ve written 350 in-depth
articles on the political, social, economic and legal aspects
of the financial and foreclosure crisis since then.

I figure I’ve probably written at least as many articles as
anyone in the country on the foreclosure crisis, HAMP, and
loan modifications… and it’s quite possible that I’ve written
more than anyone else on those subjects. I don’t sell advertising
or make money on my blog, for the last couple of years its been
enough that several thousand homeowners have written to me, saying
that I’ve made a significant positive difference. But, it’s not
enough anymore. And I want those that read my column to know why.

It all started this past August 16th and 18th, when the Treasury
Department invited some bloggers to come hear what Tim Geithner
and other nameless Treasury officials had to say on a range of
topics, including the foreclosure crisis and the Home Affordable
Modification Program, HAMP. The first article I wrote about HAMP
was on the night of President Obama’s speech introducing his Making
Home Affordable plan to save the housing market, which at the time
was already in a free fall. My headline read: “I’m sorry
Mr. President. That’s just not enough.”

I knew right away that HAMP wasn’t going to work as advertised.
There were a lot of reasons why, but the simple truth is I only
needed to hear one phrase to know the program would fail:
responsible homeowners. You see, there’s no such thing as
irresponsible homeowners and responsible homeowners. It wasn’t
irresponsible sub-prime borrowers that caused this crisis; it was
irresponsible Wall Street bankers that did it. That’s not to say
that there weren’t some number of people who bought a home they
couldn’t afford, it’s just to say that those people, a tiny fraction
of the whole, didn’t have anything to do with the crisis we seem
unable to address, let alone solve.

Yet, just about every single week, I end up having to listen to
someone tell me about some 24 year-old with a paper route, who
bought a $12 million home on the water with a stated income loan.
I’m sure there are a few of those, but they don’t have anything
to do with the crisis. No, borrowers didn’t cause the crisis that
the entire world is struggling through today, bankers did that…
Wall Street’s bankers to be specific, but lots of other flavors
of banker had a hand in it as well.

Millions of people have lost their homes already, and we’ve only
just begun to feel the pain that’s sure to come if we stay on our
current course. Why some people don’t see that is beyond me.
But one thing I know for sure, is that the crisis is being allowed
to continue because homeowners have no voice in Washington D.C.
Bankers, on the other hand have thousands of lobbyists and hundreds
of millions of dollars in campaign cash to hand out. So,
last year, according to Special Inspector General of TARP, Neil
Barofsky’s report, we gave the banks $3.7 TRILLION, while spending
something way, way under one percent of that amount on stopping the
foreclosure crisis.The people have no voice because they are ashamed.
They think it’s their fault that they are in a difficult financial
position today, and when someone is at risk of losing their home to
foreclosure, they tell no one. Should they hire an attorney and
somehow save their home from foreclosure, neither they, nor their
lawyer tells anyone. The banks certainly don’t tell anyone anything.
And the crisis goes on, worsening every day. And the media just keeps
writing stories about how economists were surprised at how bad things
have become. But, I can’t help but wonder… are they really surprised?
Or did they know all along how bad things would get? I also can’t
help but wonder why everyone’s so quiet about a crisis that’s
far worse than any in my lifetime. In California, for example,
when gay marriage didn’t receive enough votes in the last election,
there were people marching in the streets. But millions lose homes
to foreclosure, and not a peep. Banks pay out hundreds of billions
in bonuses after being rescued from insolvency by the U.S. taxpayer,
and the most you hear is, something akin to “I don’t think I like
that” coming from a distant source.

I was able to get through all of this until last week when
I learned of what was said at the meetings between various
bloggers and Treasury Department officials. My friend,
Richard Zombeck of Huffington Post and shamethebanks.org
told me about the meetings and sent me a link so I could
see for myself what went on. Then others sent me links
to what others had written about what was said during the
meetings. And that was it for me… I stopped writing… for
about a week, and maybe a little longer. What was the point,
was all I could say to myself.

It made me sad to know what Treasury Department officials had
said about the foreclosure crisis and HAMP… very, very sad.
In fact, I can’t think of another time in history when my
government acted as these guys have acted, or are continuing
to act today. They truly do not care about people at all.
They are so shockingly devoid of compassion or empathy that
they offend me so deeply that I don’t like thinking of this
government as representing my country or I can’t help but feel
that my country is lost. Treasury Department officials said,
in no uncertain terms that they knew HAMP wouldn’t save homeowners
from foreclosure. Here’s what was written in Huffington Post’s
Shahien Nasiripour’s detailed article on the meeting: The
administration knew they’d only reach a fraction of those needing
help, the official claimed, and that millions of homeowners
would ultimately lose their homes to foreclosures that the
administration chose not to prevent. Taxpayer money was on
the line, and the administration couldn’t justify spending
the amount of money it thought would be necessary to save
those homes, the official said. Nevertheless, HAMP remains
the best option — even though it’s reaching fewer borrowers
than forecast. Other programs, the official noted, would have
been either too expensive or unfair. Homeowners who consciously
bought more homes than they could afford shouldn’t be bailed
out.

Here’s what Steve Waldman of Interfluidity.com had to say
about the meetings: Officials pointed out that what may have
been an agonizing process for individuals was a useful
palliative for the system as a whole. Even if most HAMP
applicants ultimately default, the program prevented an
outbreak of foreclosures exactly when the system could have
handled it least. There were murmurs among the bloggers of
“extend and pretend”, but I don’t think that’s quite right.
This was extend-and-don’t-even-bother-to-pretend. The program
was successful in the sense that it kept the patient alive until
it had begun to heal. And the patient of this metaphor was
not a struggling homeowner, but the financial system, a.k.a.
the banks.

Policymakers openly judged HAMP to be a qualified success
because it helped banks muddle through what might have been
a fatal shock. I believe these policymakers conflate,
in full sincerity, incumbent financial institutions with
“the system”, “the economy”, and “ordinary Americans”.
Treasury officials are not cruel people. I’m sure they
would have preferred if the program had worked out better
for homeowners as well. But they have larger concerns,
and from their perspective, HAMP has helped to address
those.

This led to blogger Atrios of Eschatonblog.com to write
the following: Conning homeowners by announcing a government
program designed to help them when in fact it was designed
to help the banksters is, in my world, “cruel.” Felix Salmon,
blogging on Reuters, said the following:

HAMP is now coming into focus as a serious failure and cruel
one at that. The problem is that it’s not helping people stay
in homes, but merely delays foreclosures. This helped banks
weather a foreclosure crush, but raised false hopes among a
substantial number of applicants, hundreds of thousands of
whom were disqualified, as Felix points out, even though
they made their payments on time.

HAMP might well have been a success in the ways that Treasury
enumerates — helping out banks on the solvency front, reducing
the rate of foreclosures, that sort of thing. It was almost
certainly a good idea politically, as well: you don’t hear
much about the plight of homeowners being foreclosed upon,
these days, certainly compared to the huge amount of noise
on the subject around the time that Obama was elected president.
The government is perceived to have Done Something, and the
circus has moved on. But it’s still a tragedy that hundreds
of thousands of people who signed up for loan modifications —
and who made all of their modified loan payments in full
and on time — have had their modifications cancelled. Many
of those people blame the servicers; Treasury, meanwhile,
is more prone to blaming the borrowers themselves, claiming
they’re incapable of verifying their income.

My feeling is that even if income hasn’t been verified,
servicers shouldn’t simply cancel the loan mods if they’re
performing well. And that if that’s what the servicers are
doing, the incentives within HAMP have been designed very
badly. That’s a Treasury failure, and it’s impossible to
credibly spin it as any kind of success. And, incredibly,
they are sticking by HAMP. Only now Treasury is saying
that the benefit is found in spacing out foreclosures, as
opposed to stopping unnecessary foreclosures. Tens of
billions to spread out foreclosures in order to help banks
take losses… on the backs of ordinary people…
American citizens… taxpayers. Because I suppose the
$3.7 TRILLION we gave the banks in 2009 alone wasn’t enough.

Here’s Huffington Post Nasipour once again:
The official touted the ever-growing pipeline of homes
likely to enter foreclosure as a success in the
administration’s fight to stem the rising tide of home
foreclosures. It’s taking longer for homes to enter
foreclosure, and it’s taking longer to evict homeowners
once they enter foreclosure. The so-called “shadow
inventory” of homes — those with severely delinquent mortgages,
in foreclosure or already repossessed that have not yet
been put on the market — has significantly grown since
the administration took office and is estimated to range
from 5 to 7 million homes. Through June, borrowers in
foreclosure have been delinquent for an average of 461
days before being evicted from their homes, according
to Jacksonville, Fla.-based data provider Lender Processing
Services.

That’s a good thing, the official said, because it gives
the market time to absorb these homes gradually — without
leading to a dramatic drop in home prices. Richard Zombeck,
writing for Huffington Post and shamethebanks.org, among
many other things said the following: (And I strongly
suggest you read Richard’s entire article, click his name
and it will take you to it.) When President Obama delivered
his speech in Arizona in February, 2009, nowhere in the
speech did he come close to implying that this plan was
intended to help the banks and servicers get more money
out of homeowners before taking their homes. What he said
was, “This will enable as many as three to four million
homeowners to modify the terms of their mortgages to avoid
foreclosure.” It wasn’t followed by, “…for a couple of months.”
Richard also included this paragraph, also from Nasipour’s
article, describing it as “one of the more egregious
statements to come out of this discussion”. One of the
reasons why HAMP has been effective ties back to the
foreclosure pipeline. The official said that because
some 1.2 million homeowners entered the program and
immediately benefited from a trial period of lower
monthly payments, not only were their foreclosures
delayed but they also received what was essentially a
tax cut of more than $500 a month — all without cost
to the taxpayer, the official boasted. Even though nearly
half of those borrowers have been booted from the program,
they still benefited from lower monthly payments courtesy
of the Treasury Department with the cost borne by lenders
and investors of those mortgages. Plus, at the very least,
those homeowners got a chance at a permanent modification,
the official said.

And finally, Dean Starkman wrote:

“So, a debate over a complicated matter is sharpened,
for me, anyway. Not to overstate anything: the world
didn’t change because of the meetings. There’s no evidence
the bloggers—via the meeting or their blogs—had any influence
whatever, for instance, on HAMP policy.”

Oh, well good then.

So, before I say anything about all of that, there are a
few facts I pulled from various sources that I want to
lay before you.

1. President Obama appointed Timothy Geithner to be Treasury
Secretary. As president of the Federal Reserve Bank of New York,
Geithner served under a board of directors headed by JP Morgan
Chase CEO Jamie Dimon. Geithner had been partly responsible for
the decision to let Lehman Brothers go under, for the tarp program,
and for American International Group (AIG) paying its creditors
with taxpayer money. As his chief of staff, Geithner chose a
former lobbyist for Goldman Sachs.

2. President Obama: “The recession was caused by a perfect
storm of irresponsibility and poor decision-making that stretched
from Wall Street to Washington to Main Street.”

3. On February 10, 2010 Obama said that he didn’t “begrudge”
the $17 million bonus awarded to Dimon and the $9 million to
Goldman Sachs CEO Lloyd Blankfein. “I know both guys. They are
very savvy businessmen.”

4. A group within the White House that began calling themselves
the “pitchfork gang,” said their attempts to persuade Obama take
a tougher stance on Wall Street were undermined by Geithner and
by National Economic Council head Larry Summers. Geithner and
Summers were apparently worried about upsetting business confidence.

5. In the stimulus’s first year, the administration spent only
$17 billion of the $139 billion allocated for infrastructure
spending.

6. Geithner and Summers repeatedly blocked attempts to get tough
on Wall Street on the grounds that doing so would threaten the
recovery itself by upsetting the bankers.

7. Organizing for America, the administration’s campaign
organization, which is supposed to be focusing on the 2010 elections,
recently devoted its resources to organizing parties across
the country to celebrate Obama’s forty-ninth birthday.

Sorry, but I’m about done with the Oblabla Administration.
Waiter, check please.

Look, I’m not making a political statement. I don’t see the
Republicans doing anything to help the situation either. I fact,
to the contrary, the Republicans have offered nothing constructive
since Obama took office in 2009. They vote as a block as if they
were elected to represent a party as opposed to individual
constituents, and personally, I think if they’re going to vote
like that, I think they should have to wear matching sweaters and
sing their chorus of “Nooooooo” in harmony. Just on one day I’d
like to see Obama come out in favor of cream in coffee, just so I
could watch some knucklehead Republican oppose it on Face the
Nation. “No, I say there should not be cream in coffee.” Oh,
sit back down you intellectual midget. None of that excuses what
the Obama Administration has allowed to happen as related to the
foreclosure crisis. Treasury officials now say they knew and it
was okay with them. In fact, it was a good thing.

Officials pointed out that what may have been an agonizing
process for individuals was a useful palliative for the system as
a whole. No, I’m sorry but no, damn it. I don’t even know what
a palliative is, but it doesn’t matter. Geithner, you elitist
piece of garbage, you do not get to torture American citizens
because you find benefit for the banks in doing so. Who the
hell do you think you are? Did my president know about this?
Because you imply that he did, and if that’s the case then he
should be impeached. No American president would ever condone
what you are describing and if this one did, he is not fit to
lead our country. Mr. Geithner… people have taken their
own lives over what you’ve allowed to happen. Children have
gone to bed night after night scared to death, not knowing why
their parents are so afraid… or so angry. Marriages have ended.
Fathers have sat up at night wondering if their life insurance
policies will pay off after suicide. And all of this and more
continues to this day and yet there is no plan to change a thing.
Because you’re happy that Wells Fargo is suffering too terribly
much. And why? Because Citibank or Bank of America would have
gone under if the foreclosures would have come at a faster pace?

Bullshit.

You think that it’s because of HAMP that it’s taking banks a
long time to foreclose? You’re a moron, Tim. If banks were
going to go under by foreclosing too quickly they would have
slowed the pace themselves. We didn’t need you to invent a fake
loan modification program and lie to the American people about
it in order to slow down the pace of foreclosures. Besides they
could have MODIFIED THE LOANS, Timmy. There was always that
alternative, lest you forget.

Before you showed up with HAMP banks were modifying loans much
more frequently. Is that what you wanted to do, STOP MODIFICATIONS?
So you invented a program that would do just that by promising
to modify 3-4 million loans? Did Obama know of your plan?
Did the President of the United States know that this outcome
would be considered a success? Is that what your cohorts at
Treasury are saying… off the record, of course. Cowards. Mr.
Geithner, you should be incarcerated for the rape of the American
people. You know what caused this crisis and you know damn well
that it wasn’t some guy in Stockton, California not making a
mortgage payment. How do you sleep? Do you even know what
you’ve done to thousands of people’s lives so the banks wouldn’t
have to foreclose too quickly? If that made sense to you, you
need help.

To my readers…
That’s it. I can’t do it the same way I have been for the
last two years. The rules of the game have changed. I suppose
I could give up and walk away, but I won’t do that now no matter
what. This is a whole new ball game and we need to be much more
aggressive, much louder, much more intolerant of the abuse by
financial institutions. We need the consumer attorneys to file
more lawsuits, and we homeowners have to save our money to pay
for them to do so. We can’t sit back and watch 14 million more
homeowners lose their homes to foreclosure, because if that’s
the way it goes, then our country truly will be lost for decades…
perhaps forever. Do you feel what it’s like out there? Not where
Tim Geithnerlives, but where you and I live. Imagine what it
will feellike a year from now, when it’s that much worse. And
then two years from now when it’s worse still. And then worse
still. What will we all say then? What will we tell our children
about the country we have left for them?

Gee, it really was our fault. We all took an irresponsibility
pill in 2005 and went out and bought homes we couldn’t afford
and that’s why your world looks like this? Sorry about that?.
We gave the banks $3.7 TRILLION last year alone. That’s $3.7
TRILLION. And Goldman Sachs alone handed out $120 BILLION in
bonuses last year? We bailed out GMAC three times to the tune
of almost $20 billion? GMAC? Why, were they too big to fail,
too? GM itself went bankrupt, that was okay… but GMAC was too
big to fail? Really? Really?

Is someone going to make an argument as to why it made sense
to hand $3.7 TRILLION to bankers who ran their banks into the
ground while doing essentially NOTHING for millions of homeowners
whose foreclosures only caused their neighbors to sink further
underwater. We need to do things differently.

I know that some people need to get their loans modified, so for
those that do, use the REST Report and push like hell. I see
loans get modified every single day. And there are a lot of
dedicated people out there helping homeowners every day. Oh,
I know… guess who wants you to believe they’re all scammers…
that you don’t need a lawyer… that you should just call your
bank directly. Others may want to strategically default, and
for those folks, let’s see just how long we can keep people in
homes without paying for them. And if you can afford to file
a legitimate lawsuit, for God’s sake file it. And I’ll help
anyone who asks me to in any way I can. I’ll organize more
attorneys so they’re better prepared to represent homeowners.
I’ll help educate more people so they know that it’s not their
fault, so that they can find their voice once again.

But this is going to take more than passion. It’s going to
take money…from the very beginning of my journey into this
crisis, I’ve wanted to produce documentary style programming…
broadcast quality video… footage of homeowners telling their
stories, sharing the horror of their experiences dealing with
banks that don’t care about anything this country has given them.
Interviews with real people that didn’t do anything wrong or
irresponsible in order to find themselves at risk of losing
their homes. And I’ve collected such interview footage over
the last two years… and it’s powerful… like, kick you in the
gut type powerful. I wanted to produce such a documentary and
have it delivered to every member of congress and every member
of the senate… every state governor’s desk and every major media
outlet… I wanted to see it on television and on YouTube… I wanted
it delivered to the White House… and all on the same day. I
called the initiative, A Hundred Thousand Homeowners, and the
idea was to get 100,000 people to each kick in a dollar.
After PayPal, it would produce a budget of $67,000, and with
that money we’d get our message heard.

But it’s taking far too long. The problem is that it doesn’t
spread. Someone sends in their dollar, but that’s where it
stops. They don’t tell anyone else, because they don’t want
anyone else to know of their situation. Two weeks ago, I was
interviewing a homeowner who had struggled for 14 months to
get his loan modified. He finally did in a few short weeks
after sending in a REST Report, so I wanted to hear his story.
I interviewed him on camera for 20 minutes and it was emotional.
He had a tear in his eye through most of the interview.
It was hell for him, and everyone there could feel his pain.
At the end I asked him if he had anyone to talk to through
the experience and he explained that he didn’t. Not the
sort of thing you talk about, he explained. Then I asked him
if his wife had anyone to talk to through the nightmarish
process of getting his loan modified, and he looked down at
the floor and then back at me. He said: “I never told her.”

Through 14 months of being put through hell by his bank,
through 13 SCHEDULED SALE DATES THAT WERE EACH POSTPONED
AT THE LAST MINUTE… and he never told his wife until it was
over and his got his modification. And that said everything
to me.

So, here’s the deal. We need to do more. And I will do
more. It’s all a question of how fast we can move.
Last week I was invited to Washington D.C. to speak at
a rally, and I said I probably couldn’t make it because
I wouldn’t be able to afford it. I’m sure it will go just
fine without me, there are lots of others who can deliver
the message, but the thing is… I really don’t believe that.

I think I’m uniquely positioned and prepared to deliver the
message for homeowners. I think I would make a difference
if I could be there.

I also know that I could produce documentary programming
that would change minds… shatter paradigms… and force
politicians to take action. I’ve been successful in print.
I’ve written 350 articles on this topic… and readers say
they’ve made a difference. This is still our country. It’s
still a democracy. Let’s not fail our children because we
failed to act.

I’ll be putting a new tab on Mandelman Matters in the next
few days. It will be labeled “MY MISSION” and it will
describe in greater detail what I want to do… what I
will do… and it will ask for your support. And if it
comes, then we’ll move quickly, and if it doesn’t, it will
take longer. But I’m going to do it one way or the other.
Because I know now that I have no choice. Treasury’s
officials have made that much all too clear.

I’ve spoken with others around the country and they will
come along… but we have to start somewhere. We have to show
that we can make our voices heard.

If you’re a business owner, consider supporting the effort
by sending in a substantial donation and I’ll make sure your
company is recognized and promoted online to thousands of
people. If you’re an individual homeowner, do what you can.
If you can’t send money, perhaps you can help in other ways.
Organizing meetings of homeowners, sending out emails, posting
links to your Facebook page, calling your representatives and
encouraging others to do the same. There’s a role for
everyone in this fight, and we’ll need all the help we can get.

And if you don’t want to be a part of this drive for American
homeowners… write in and tell me I should quit… that it’s a
waste of time… that we cannot win… that we won’t even be heard.

I won’t listen, of course, but I want to know how you feel one
way or the other. For God’s sake do something… even if it’s
writing me an email telling me I’m nuts. At least I’ll know
you’re alive.

350 articles. A lot to read… let alone to write. I’ve gotten
to know hundreds of lawyers around the country that are
fighting for the rights of homeowners. I’ve spoken with and
helped thousands of homeowners and heard their stories first
hand. I’ve built alliances with others on-line. ML-Implode
will help. Shamethebanks.org will help. Danny Schechter,
the producer/director of the documentary, Plunder, will help.
Steve Dibert of MFI-Miami will help. Short Sale Power Hour
will help. ThinkBigWorkSmall will help. And I know lots of
others that will help too.

Let’s start somewhere. Help me and I’ll fire the first shot.
After all, how do you eat an elephant? Simple. One bite at
a time.

Mandelman out.

Dave Brigle
Managing Member
ForeclosurePreventionInstitute, LLC
271 Viking Dr
Battle Creek, MI  49017
1.800.826.1929 Hot Line
brigle@appraisaloffice.biz
http://ForeclosurePreventionInstitute.com

Save America by Stopping Foreclosure 1.800.826-1929

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