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Fri Oct 12, 2012, 05:45 PM

 

Layers of fraud found in Bank of America's attempted foreclosure/eviction of the Hernandez family

Published on Oct 11, 2012 by fort hernandez

READ THIS!!! BELOW IS AN ITEMIZED LIST OF THE FRAUD COMMITTED BY COUNTRYWIDE AND BANK OF AMERICA AGAINST THIS FAMILY!!!!

Here is what our audit has found:

1) Deed of Trust was improperly notarized
Notarized on a different day than signed
We are investigating whether the notary was in truth a certified active notary in 2006

2) Notice of Default is defective
Signer of the NOD was NOT an employee of Recontrust as he signed this document, but an employee of BofA Home Loans since 2008
According to bank's own recorded documents, bank failed to contact the homeowner to explore options to avoid foreclosure prior to the NOD under CA Civil Code 2923.5 contact must be made or due diligence fulfilled at least 30 days BEFORE any NOD
Failure to do so renders the NOD and NTS ILLEGAL AND INVALID

3) Substitution of Trustee and Assignment of Deed of Trust is defective
Signed by a KNOWN ROBOSIGNER, employed by Countrywide NOT MERS, as claimed.
Improperly notarized by a KNOWN ROBOSIGNER
Signed on a DIFFERENT DAY than notarized in violation of notary rules
Possibly forged we have examples of varying signatures
Any apparent sale based on Robosigned documents is VOID if the assignment of the Deed of Trust is robosigned, the sale is VOID.
Once these documents make it into court, the bank officers and lawyers become guilty of felonies

4) NO Affadavit of Mailing of Substitution of Trustee, as required by Cal Civil Code 2924(c)


5) Additional Assignment of Deed of Trust problems:
Transfers this Deed of Trust on June 14, 2010 into a security instrument that CLOSED on March 17, 2006, in breach of the representations and warranties of its Pooling and Servicing Agreement
The Pooling and Servicing Agreement forbids conveying any loan if it is 30 or more days delinquent the NOD was issued almost 2 years before the Assignment
This trust CWABS Inc Asset-backed certificate series 2006-4 is material evidence in a suit by the FHFA against Countrywide, BofA, Citigroup, and others alleging among many other things that "Government investigations have confirmed Countrywide routinely failed to adhere to its underwriting guidelines, knew their representations were false, abused its documentation programs and falsified loan applications."
The assignment violates several other requirements of Article II Conveyance of Mortgage Loans Representations and Warranties of its PSA
The underwriters of this trust are JPMorgan Securities and Lehman Brothers I am sure they would be interested to know this trust is in breach of the reps and warrantees.


6) Trustees Deed Upon Sale is a "put back" a repurchase of loans that were originally made in breach of representations and warranties
Trust is the same one being used as material evidence for fraud in FHFA suit.
According to Article VII of the trust's PSA, certificateholders are prohibited from pursuing put-backs UNLESS: the holders of not less than 25% in principal amount of the securities make a written request to the trustee to pursue the remedy. Where is evidence of this written request?
The party bringing the sale lacks standing to bring the sale. Breaches in the PSA provide evidence that the loan was not properly transferred to the securitized trust a transfer not in compliance with a trust's documents is VOID as a matter of law.

We cannot condone vigilante foreclosures any old stranger cannot take the law into his own hands and kick a family out of its home ... that right is reserved solely for the proven mortgagee.

WE ARE UNARMED, AND PEACEFUL

Peace to you all, if you are willing to fight for it.

Backstory:

http://www.democraticunderground.com/10021337674

Thank you Occupy Fights Foreclosures!

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Response to Fire Walk With Me (Original post)

Fri Oct 12, 2012, 07:05 PM

1. Such flagrant disregard for the law and yet, no one is ever held accountable.

The arrogance is amazing. They act like royalty, the little people are simply in the way when they want something. And then we have a government that bails them out either with massive sums of money or with 'agreements' to protect them from lawsuits. So who, other than Occupy right now, is on the side of the people?

I hope this part of Occupy grows as this is a major issue that everyone is hoping will just go away and might have, if it had not been for Occupy.

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Response to sabrina 1 (Reply #1)

Fri Oct 12, 2012, 07:42 PM

2. Utterly sickening, isn't it? And that the cops and sheriffs do what these banks tell them to...

 

Know that another family is currently building a barricade against eviction here in LA, Fort Lucero. A Trend has been started. And Occupy Fights Foreclosures are scrutinizing their paperwork as well.

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Response to Fire Walk With Me (Reply #2)

Fri Oct 12, 2012, 08:34 PM

3. Yes, sickening and it's personal to me also as it was done to a friend of mine. She is currently

filing a law suit against them and has been in touch with the NY US Attorney who has stayed in touch with her. They thought the little people who were obviously not wealthy, would not be able to do anything, which was true in many cases, they could not fight back.

I remember wishing Occupy would get involved in trying to stop foreclosures. ACORN had been doing so, and I am sure that was part of the reason the Far Right hated them so much. But when they were destroyed by Congress, there was really no one left to stand up for people.

I love that Occupy is doing this and hope it spreads and grows across the country. The NY US Attorney credited OWS with giving him the backing he needed to stand up to the pressure that was placed on him to make a bad deal with the banks so they could not be sued or prosecuted for these crimes. He met with Occupy Albany I believe.

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Response to sabrina 1 (Reply #3)

Tue Oct 16, 2012, 01:19 PM

6. I hope she tears the banks a new one or five. My best to her!

 

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Response to Fire Walk With Me (Reply #6)

Tue Oct 16, 2012, 01:46 PM

7. She plans to. She just received an offer to 'settle' her case from the US Attorney's office

under the agreement the US Attorneys made with the Banks. The value of her house was around $125,000 I believe. The offer she received? Approx. $800! THIS was supposed to compensate people whose homes were wrongfully foreclosed on! The scams just keep on coming.

When the Government first contacted her she was advised not to sign any agreements with them, but to get her own attorney. I remember someone saying at the time that she would be lucky if they offered her $2,000! And we thought that was a joke.

Some people will probably take the offer as they are homeless and desperate, and that's what they are counting on. I wish there was a way to get them legal advice and representation.

This is the big agreement they were promoting and this is better than the first one which Schneiderman refused to sign.

I feel like buying a laughing machine and calling them back and just putting the laughing machine on the phone.

I have nothing in the media about this latest scam being perpetrated on people whose homes wrongfully foreclosed on.

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Response to sabrina 1 (Reply #7)

Tue Oct 16, 2012, 04:20 PM

8. That must be from the so-called attorneys general decision in February

 

which protects the banks and gives the fraudulently foreclosed-upon, pennies on the dollar.

OccupyLA were at the LA federal building as this ruling came down.

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Response to Fire Walk With Me (Original post)

Sun Oct 14, 2012, 09:34 PM

4. Call to Action from La Familia Hernandez

 

Call to Action from La Familia Hernandez

Today is October 14, 2012. For our family this is day 50 since we elected to use our protected rights of freedom of speech to protest the fraudulent banking processes that led to our home being illegally foreclosed upon. Even with limited options, we refused to submit to something we knew was morally wrong and began to organize our family, friends and anyone willing and able to help.

Our family started to find ways to educate our community; not just about our unjust situation but the larger systems playing into it and a barricade was built in front of our home as an artistic display of resistance.

Our battle with the bank however extends past just these 50 days to five years ago when the bank adjusted our monthly payment rates from 3,900 to 4,500. Even with various members of our family contributing to the payments, the dramatic and sudden increase made it impossible to add into our budgets. When we called to ask for assistance, we were informed by Bank of America that the only people that were receiving assistance with their loans were homeowners who were behind on payments. We were painted into a corner where if we sought assistance- our only option was to allow ourselves to purposely fall behind on payments.

During our five years of negotiations, we applied for four modifications and had all of them denied based on reasons that we knew were illegitimate. Also within the last five years, we have seen the bank implement specific practices to gain ammunition to slander our name and delegitimize our ownership of our home. For example; during this 5year period of negotiations, every time our family wanted to make payments towards the loan, the bank refused to take them. The bank later used this lack of payments to justify the auction of our home from underneath us. While not taking payment may seem very strange, we later learned that this is a very common practice that many banks use during foreclosure processes. We also learned that there have been various fraudulent affidavits associated with the rejection of our loan modification paperwork. To put it bluntly, the bank wants us to lose our home because the profit they stand to make from collecting the insurance they leveraged against us is more than the payments we would be making. Again- both of these are common practices that banks even now are continuing to use with countless families across our country.

After our latest modification request was denied; the eviction notice was immediate despite the fact that our family submitted a QWR (Qualified Written Request) for proof of a written title that is still being investigated.
No family should ever have to lose their home because of the immoral and dishonest bank practices that our government continues to allow. This action has always been about educating each other. About empowering each other to stand up and knowing that we will have a community to stand with us. Despite what you think or how you have been told to feel- you can do something. We are peaceful, we are non-violent but we refuse to go down quietly. It is becoming increasingly necessary to build a culture of resistance. An organized community is a force to be reckoned with and that is why our family is being criminalized.

This is the first home that our family has been able to own. Like many others, our parents came here as immigrants from Mexico, for the opportunity for advancement, stability, honest work and greater accessibility to education for us, their children. With our parents only being able to get minimum wage jobs, renting was the only option for housing that our family had. The rent we paid was often too much for what we had and despite how long we had been living in a place, it never really felt like ours. Our family worked hard for what we had and we were patient to get the things we felt were important. When we were finally able to afford to buy our own home, we saw it as the culmination of the decades of rent we had been contributing to other property owners.
The media, the banks, and the corrupt politicians want the public to judge us and forget that our story is not an uncommon story. Stand with us today, and the millions of families that continue to be affected by this crisis, so that we can stand with you tomorrow.

Please come and see for yourself that first and foremost we are a family trying to keep our home. Speak to our elders and understand our history. See our children and think about how this situation will affect them most of all even though they have little power to change or really understand the circumstances. How are we suppose to explain to our children that our government is allowing a bank to take away a place they have always known as their own, because of predatory lending practices that many in office helped to draft. The more time our family spends in this country and the harder we work, the more we understand that the American dream no longer exists and has not existed for a very long time. For some, it may have never existed at all. How do we tell our children that and not stand up to try to change these circumstances?

If you cannot come, then please show your support by flooding the phone lines of the following people and demand that our family be treated with the fairness and respect that any person deserves.
Bank of America numbers. Ask them to act in good faith and negotiate a fair modification with
the Hernandez family.

Debra Haber
877- 471- 4367 ext.034581

Karen Arakelian
213- 345- 2684

You can call the Sheriffs, too. Call as a supporter and ask them to save our resources for real criminals, not for putting families on the streets.

Main number
323- 526- 5541

Van Nuys Branch (West Bldg.)
818- 374- 2511

Van Nuys Branch (East Bldg.)
818- 374- 2121

Stand with us as we demand that the bank resumes negotiations for a fair modification within a reasonable time frame. Stand with us and help give us strength as we continue to be submitted to acts of intimidation by the police.

With faith in our community and hope for a better tomorrow,

-La Familia Hernandez

(Use of bold = mine. FWWM)

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Response to Fire Walk With Me (Reply #4)

Tue Oct 16, 2012, 06:35 AM

5. Thanks for the numbers, I will call them tomorrow. Good for them fighting back.

For too long no one did that, people were just pushed out on the street. It's getting a little harder for the banks to take people's homes now. Thanks to OWS.

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