DISCLAIMER: We are not attorneys and cannot offer legal advice. This information is for educational purposes only and is not meant as legal advice. Should you feel you have a legal matter you should consult a competent licensed attorney.

ADDENDUM

This is an addendum to our Foreclosure Fraud Report. Here we will talk about how we have delayed our own foreclosure by 6 months in Texas already, and hope to eliminate it altogether. You can find it here: http://www.delayforeclosurefast.com

HOW WE HAVE DELAYED OUR FORECLOSURE 6 MONTHS.

We stopped making payments to Wells Fargo Bank in July 2012. This was due to me losing my job in December 2011and at that time I had been unemployed 6 months. My wife and I knew eventually that the “BANK” would come calling and foreclose on the loan after about 90-120 days of non-payment. We live in Texas: a non-judicial foreclosure state. We have the fastest of all foreclosure time frames in the U.S.: just 21 days!

In mid November 2012 we received a notice of foreclosure sale. It was scheduled for December 04, 2012. So on December 03, 2012 we filed an emergency Chapter 7 Bankruptcy without an attorney and that stopped the sale in December. However due to a technicality the Bankruptcy was thrown out and the first week of January 2013 we received another notice that in February 2013 our home was schedule for the foreclosure auction block.

A HOT TIP: If you file bankruptcy (with or without an attorney) make sure you list your purported mortgage company as an UNSECURED CREDITOR!

If you list them as an unsecured creditor they will have to prove up the note in court (which likely they can't). If that happens they can't foreclose.

After much research and reading on the subject I learned about the fraud the so-called lenders are using to steal homes. They are stealing homes because:

1. They didn't lend money for the property. 2. They are manufacturing fraudulent documents to file in court to foreclose with. 3. They know the real lender (investors) will never come calling to collect on the loan.

Now I'm not slinging this stuff around without any proof. I am going to provide you with copies of the evidence we have on our property. What we have discovered thus far is the following:

1. Our so-called foreclosing lender is actually our loan servicer (they don't own the loan).2. Our originating lender didn't lend us money, nor pay anyone for the property.3. Our note for the mortgage is not endorsed with proper chain of title, or even dated.4. There are forged signatures on our note.

5. There are forged signatures on the substitution of trustee.

We wrote our pretender-lender and requested a full accounting of our mortgage payments and other account details. We also requested copies of any and all agreements they had with our “Original Lender”, and a copy of the endorsed note to prove up the note (ownership). Much to our surprise they sent us a couple pieces of critical evidence!

The first thing I looked at was the note they sent. It was signed by our originating lender directly over to Wells Fargo Bank, N.A.. That all seemed legitimate and it looked like we would be losing our home because our signatures were on that note as well. But then I looked at a copy of an ominous letter they included with everything else they sent.

With our Original Lender's letterhead the document referred to another document showing details that our loan was actually funded thru Colonial Bank, N.A.. If indeed that was the case then there should be (has to be) an endorsement on our note from our Original Lender to Colonial Bank, N.A., and from Colonial Bank, N.A., to Wells Fargo Bank. BUT THAT'S NOT THE WAY IT IS!

That means our note is invalid. If the note is invalid, then the deed of trust that contains the right to foreclose is invalid. And that means they can't foreclose. This is a chain of custody problem. They can't prove how they came into possession of the note. And we can prove there should be other endorsements on the note to be valid. Even if any of that didn't matter what about the forged signatures?

FRAUDULENT SIGNATURES

So after examining the the letter with our Original Lender's letterhead I went back to examine the note again. On it were two signatures from a Senior VP of our Original Lender endorsing the note. The signatures were the same. I thought they may be different. But then I got to thinking. If they didn't have all of the right endorsements maybe they forged the VP's signature. But how do I prove that, I wondered?

Then I thought about the robo-signing. If they forged my document maybe they forged someone else's document with the same or better yet different signature of the same person! So down to the county court house I went. And I started doing search after search.

What I discovered was that any document that had the VP's signature on it wasn't available. I thought that was more than a coincidence! There were probably hundreds of them, and the same result with each of them, not available. It was like someone didn't want me seeing those documents. Hmmm, I wondered...

Then I had an epiphany! What if I looked at the VP's own deed on their own property. Surely there must be a searchable public document with that signature on it. Guess what? I was right! So I found the signature of the VP and compared that to their own deed. The signatures are not even close to being the same. It's a clear forgery. And ANY transaction that is the result of fraud is VOID.

So in January 2013 we were looking at another foreclosure sale. Based on my research the only way we could stop that sale was to file a lawsuit against the foreclosing pretender-lender: Wells Fargo Bank, N.A..

THE LAWSUIT

Before I get into this I would have you re-read the disclaimer on page one. I am not an attorney and if you have a legal matter I would refer you to a competent licensed attorney. This information is for educational purposes only and should not be considered as legal advice.

So even though I know I've got some grounds to get my foreclosure dismissed I have to put them into what the legal profession terms “Causes of Action”. That means if I found fraud I have to find the right cause of action to argue that point. Each cause of action has specific “Elements”. Those elements must all be present in the legal argument to be valid. It's like supporting statements for the argument.

If the lawsuit isn't written properly the high priced attorneys for the banks can get the lawsuit thrown out of court. Worse they can move the lawsuit to a more unfavorable court like federal court. So you can understand just how important it is to get all of that wording right. I will tell you the most wins have come from Bankruptcy Court.

So what I needed to do was to get a temporary restraining order (TRO) to stop the foreclosure sale in February 2013. In order to get one of those you have to file a lawsuit first, but you can get a TRO the same day if you do it right. You have to have a pending lawsuit to get a temporary restraining order stopping the sale. Let me tell you this. Judges do not like issuing them to pro se (do it yourself) litigants and fact is that most will be denied. But don't worry. I will tell you what I did to get mine approved.

You have to have all of the right forms in the right format. Now, when You ask a judge for an order there must be a motion for that order and then there must be an order for that order (different documents). They are separate documents but all done at the same time. The TRO is only good for 14 days. In the main lawsuit I asked for an injunction barring the sale until the outcome of the entire case is resolved. The TRO was necessary to stop the next sale date.

It's important to note that TRO's also require a cash bond. If you're like me and already having financial trouble it's likely you don't have the credit to get one. That means you will have to have cash for the bond to become effective. The judge can grant the TRO but it doesn't become effective until you pay the bond. You can ask the judge to set the bond to $500 because the housing market is rebounding and the pretender-lender won't lose any money if they have to wait a little longer to foreclose.

Due to a technicality I had to dismiss my first case and refile another lawsuit and basically start over. I had to ask the judge for another temporary restraining order (which I got) to stop the March 2013 sale. So you are now caught up with where we are and since the second lawsuit was filed they have not tried to foreclose again. So I have avoided foreclosure for December, January, February, March, April, and haven't received anything for May 2013. In all I have delayed it 6 months.

THE EVIDENCE

Below you will see a caption from the senior VP's own deed of trust. She works for our Original Lender. This is a copy of a publicly available document in the Harris, County, Texas Court Records in Houston, Texas. Notice her signature.

Now look at the following signature on our endorsed note sent to us by Wells Fargo Bank, N.A.. You will notice the signatures are not even close to the same. Yet the above signature is the senior VP of our original lender.

My wife's and I's signatures are attached and led us to believe the note was valid. But after doing more research we discovered it was only valid on the surface but couldn't hold up to scrutiny in court. Her alleged signature on the document below is circled. You tell me whether those signatures aren't forged. And let's not forget there are NO DATES on this document!

The following is the letter that Wells Fargo Bank, N.A. sent us in response to a QWR- Qualified Written Request. This letter shows that our Original Lender Cornerstone Mortgage Company, had an agreement with Colonial Bank, N.A.. In that agreement Colonial Bank, N.A., funded loans with investors' money they obtained from selling Mortgage Backed Securities on Wall Street.

So although Cornerstone and Crestmark Mortgage Companies appear on our documentation: namely the note and deed of trust, they never funded or transferred any money from any of their accounts to fund the loan. The documents contain untrue information. And the real lender was never disclosed. We have requested copies of the wire transfer receipts for the money trail on our loan and thus far have not received even an acknowledgment of the requests.

I'm not sure but I don't think that Cornerstone Mortgage Company will be happy to know that I have a copy of this document. It's like airing their dirty laundry. Now if you have any doubt that what I'm saying is true take a look at the following article written by Dan Fitzpatrick of the Wall Street Journal: http://online.wsj.com/article/SB10000872396390443404004577581702785709304.html

The above referenced agreement is how mortgages were bought and sold into REMIC's. Those are Real Estate Investment Vehicles used to buy and sell mortgages on Wall Street. Here is how the whole ruse worked.

THE RUSE OF MORTGAGE BACKED SECURITIES

There are a lot of misleading transactions occurring during this fiasco. First, the so called originating lenders weren't real. They were fronts for the real investors (Wall Street Investors).

Second, banks were collecting what is called Credit Default Swaps (it's like insurance) for non performing loans. The problem with that is, they didn't fund the loans which meant they weren't entitled to the money they got, and it was worth ten times the face value of the loan! So they were paid $1,000,000 for a non performing $100,000 loan!

The banks were counting on these loans to default so first they could collect the credit default swap money. Then they would foreclose on the properties by manufacturing fraudulent documents and sell the property again and start the cycle again! Because of the way mortgage backed securities work no single investor who invested in a property can foreclose. It's all or none.

That's not to mention the paper trail for the investments is so clouded there's simply no way to tell who invested in what property. The banks know this. That's why they are manufacturing these fraudulent documents and stealing the properties they're not entitled to because the investors can't foreclose. The banks know no one is coming to collect the debt. But if they manufacture authentic looking documents they count on two things. First, the owner assumes the pretender-lender has the right to foreclose and walk away. Second, they count on the courts assuming the pretender-lender has a legitimate claim against the property.

We haven't even begun to talk about the credit default swap payments. So the banks collected the over priced money for the bad debt. The investors got tax credits written off for the loss. So even though the debt has been paid in full ten times over the banks are still foreclosing... give that some thought.

MERS THE RUSE GOES DEEPER

Now we need to talk about MERS. Mortgage Electronic Registration Systems (MERS) was created by Wall Street Bankers to allow them to transfer mortgage sales (notes) between “investors” without having to record those transfers in counties across America. That saves them millions of dollars in recording fees to say nothing whether it's actually legal. The best thing about the system for them is the very speed at which they can accomplish the transfers. Counties across America have lost a lot of revenue due to MERS' system and the chain of title has been corrupted on hundreds of thousands of homes...

Because of the MERS System the chain of title for properties has become clouded. There are chain of title questions to say anything about whether someone actually owns their home or not. Think you don't have a problem with your property even though you're not behind on your mortgage? Think again! Read this story about Jason Grodensky in Florida who paid cash for his home: http://www.sun-sentinel.com/business/fl-wrongful-foreclosure-0922-20100921,0,36776.story

His house was stolen from him in a fraudulent foreclosure. A bank manufactured documents and foreclosed on his home. I just wanted to show you how this problem affects everyone. And Charlie and Maria Cardoso also had their home stolen in a fraudulent foreclosure even though they paid cash too. http://www.tampabay.com/news/business/realestate/bank-of-america-forecloses-on-house-that-couple-had-paid-cash-for/1072632

There is another case in the Northeast I can't find right now that occurred in 2012 where a man also paid $350,000 cash for a foreclosure. He was then sued by the previous homeowner who won his house back. This win was because there was an unclear title to the property. Even though the man paid cash for the house the cloud on the title allowed the previous owner to get the house back. That doesn't mean that he doesn't have any recourse on his investment but it demonstrates just what a problem this system is. Can that happen on your home...?

MERS is listed on hundreds of thousands of deeds of trust as “Nominee for the lender” and essentially means nothing. Yet thousands of foreclosures are filed with MERS as the foreclosing entity.

There has been a lot of litigation over MERS and their part in this mortgage fraud fiasco. A lot of

case law is available and slowly it looks like the courts are coming around to the real problem. And the real problem is that MERS doesn't have any claim to any home or loan. That's one of the reasons why there's a huge settlement over fraudulent foreclosures. Many homeowners lost their homes to foreclosure even though they should not have.

DEFEND YOUR HOME AGAINST FORECLOSURE

If you are in a situation where you may be facing imminent foreclosure or foreclosure in the future you may do what I did, decide to fight! Do you remember how hard it was to buy your home to begin with? Now imagine for a moment how hard that will be to repeat if you have a foreclosure.

Keep your home without having to pay for it...

There are many people who decide to fight for their homes winning cases in court where they basically wipe out the secured debt against their property. It's not that they don't owe the debt, it's that they don't owe the “pretender-lender” (usually their loan servicer) any money. And because it's virtually impossible to tell who and what investors bought their property it's likely no one will come calling to collect.

We will GIVE you copies of our winning TRO Motions, TRO Orders, and lawsuit arguments (Causes of Action) we have used ourselves. We will also GIVE you our 20 page Qualified Written Request (QWR) to send to your pretender-lender. All we ask is for you to make a small donation of $20 to our cause. Click Here for the donation now. If you have an upcoming foreclosure you can stop it. Of course our cause goes toward saving our own home. I hope you have found this information helpful. After your donation you will be immediately taken to the download page.

If you think someone else may benefit from this information please feel free to pass it along. Mention it on Facebook, Twitter, Digg, and even email it to people you think may need or want it. There is clear evidence that foreclosure fraud is still occurring in 2013 in this document.

Again here is the link you can donate to: https://www.paypal.com/cgi-bin/webscr?cmd=_s-xclick&hosted_button_id=4EQVVC6JGT9EC

On the next pages you will find samples of what you will be getting.

QWR – QUALIFIED WRITTEN REQUEST

Below is page 1 of 20 of the qualified written request. This letter goes a long way in scaring the crap out of the pretender-lender and let's them know you have become aware of the ruse. It's also admissible evidence in court demonstrating you contested the debt THEY SAY YOU OWE THEM and require them to validate the debt as required by Federal RESPA Law.

Make sure you send this certified mail return receipt requested. That way you can demonstrate to the court you disputed the validity of the debt in writing and requested its full accounting.

THR TRO ORDER

Below is the first page of the TRO Order. When I was before the judge he asked me if I borrowed money to buy the home (an unfair and biased question). I explained yes I did and my wife and I were not disputing the debt against the house, WE ARE DISPUTING THE FORECLOSING BANK'S DEBT they say we owe. This issue goes to standing (do they own the loan). I stated to the judge “I just want my day in court, your honor”.

The judge signed the order and I raised the money and posted the bond. My first bond was $900. After I dismissed my first case and refiled my second bond was for $500.

THE TRO PETITION

Below is a copy of the first page of my TRO Petition. This document was essential in delaying the foreclosure sale twice. Usually you only get one go around with these but due to that technicality I dismissed the first case and refiled a second lawsuit.

When I filed this the judge scheduled a hearing within 14 days to hear the merits of the case to make a determination on whether they would grant the temporary injunction stopping the foreclosure sale until the case has been decided. Both times the opposing counsel filed a motion to remove the case to Federal Court citing Diversification. Simply put they argued that because my two main defendants: Wells Fargo Bank, N.A., and MERS were not Texas entities that a Federal Court had jurisdiction. What they left out was that I also named my Original Lender in the suit who is a Texas Corporation which should defeat their jurisdiction argument.

The reason they want to remove the case to Federal Court is because it is much easier to get a case dismissed. State Courts give allowances to pro se (do it yourself) litigants (you can make mistakes) and they cannot be held against you. It's not that way in Federal Court. Plus the rules of civil procedure are different and more complicated in Federal Court.

HOT TIP: Opposing counsel argued that I didn't sue any Entities in my State suggesting to me that I may need to name a defendant who is a resident of my own State to keep the case from being removed to Federal Court.