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Posts Tagged ‘Danielle Kelley Attorney’

Our Nightmare on Tape

September 2, 2014 Leave a comment

There it is!! WELCOME to our world!! “Bahrani said that while writing the film, he went to foreclosure hearings in Florida (where the movie is set, though it was shot in New Orleans for tax purposes). “With realtors I went on evictions, with wildly rich hedge fund managers and crooks and thieves and hoodlums and swindlers. I remember I would go to foreclosure court with Lynn Szymoniak, who is a fraud attorney, and they tried to foreclose on her home and then she ended up leading a lawsuit against the banks to the tune of $90 million and won. Now she uses the money for charity work. They would call these courts the ‘rocket dockets’ because the cases happen in 60 seconds flat,” he said.

“If you don’t speak English and you are Hispanic, the judge would say, ‘I’m sorry, we don’t have time for that,’” he continued. “After a while, the people started winning, and I turned to Lynn and asked, ‘What is going on?’ and she said, ‘The judge is seeing you with a yellow legal pad taking notes, and he thinks that because you are with me you are a reporter for the New York Times, so as long as you sit here people will win.’ After about an hour, I had to go to the next place to continue doing research, but I couldn’t go because I continued seeing another homeowner coming in, and I knew they would lose if I left. So I ended up being stuck there the whole day, conning the judge into thinking I was going to write a story.” As he points out , he did write a story, and it’s all up there onscreen now.”

http://deadline.com/2014/09/telluride-foreclosure-crisis-drama-99-homes-electrifies-fest-and-sparks-strong-distribution-and-oscar-buzz-827524/

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Where is Common Sense? Where is Morality?

October 19, 2012 Leave a comment

It’s an election year.  Nothing is being done.  Example of why common sense should rule.  Bank of America: Stops paying taxes in full, and homeowner finds out about it when the payment goes up $1,000 a month.

Homeowner wants to save the home for his daughter and her husband and their four small children. Homeowner calls and asks for a modification because they can’t afford it. Homeowner has a perfect credit rating. Homeowner is told by Bank of America that if they do not stop paying they cannot show hardship for a loan modification (if you are current you can’t show that you have an inability to pay). Homeowner stops paying at Bank of America’s request. Bank of America declines the modification. Bank of America puts homeowner through two more modification rounds and forces homeowner to spend hundreds of dollars on faxes, etc. to them. Bank of America refuses to allow homeowner to resume making payments. Then Bank of America files for foreclosure. Homeowner says “why? You are the one that made me stop paying and refunded what I did pay after that.” Bank of America says “Because Freddie Mac owns the loan”. Homeowner says “but you are the Plaintiff?”. Bank of America says “we are just the servicer. Freddie Mac owns the note and mortgage.” Homeowner’s lawyer says “how can Bank of America sue and say they own a note and mortgage that they do not own?”. Courts say it doesn’t matter. Bank of America tries another modification and forces Homeowner to quit claim the deed to daughter and son-in-law who have to pay $1400 for the deed in order to be considered for the modification.

Meanwhile, Bank of America admits in an Amended Complaint in Court that they bought the loan from Countrywide FSB who merged with Bank of America in 2009. Homeowner challenges how Countrywide then assigned the note (according to court documents) in 2012 if they didn’t exist after 2009. Courts say it doesn’t matter. Bank of America says daughter and son would qualify for a modification, and we had them execute a quit claim deed for that, but the Homeowner has to qualify after all and they can’t. Sorry. Then why the $1400 for the quit claim deed? This is the worst scheme that I have ever seen.  Freddie Mac and Fannie Mae are exempt from the Attorney General Settlement.  The federal government has forced these banks (and Fannie and Freddie) to lower their debt.  NO other way than to stop paying insurance and taxes and force payments up through escrow shortage and then wrongfully foreclose.  Something has to be done.

This is the way they go:  check your escrow accounts.  They stop paying taxes and insurance on purpose – they have to get the bad loans off the books.

Fannie and Freddie: Hear no evil, speak no evil, see no evil.

June 30, 2012 Leave a comment

Reportedly, new housing finance has been under a strange shadow.  The typical news is that those self-employed have to show two years of tax returns in order to get financed.  But what those tax returns must show is not.    If a self-employed person makes $30,000 a year, but has a bunch of tax write-offs and reports income of only $15,000 a year, then the bank goes by the income that is reported to the IRS.  That’s right.  Better watch your Schedule K.  It won’t matter what your bank statements say, it’s all what you told the IRS.  The government can control tax write offs based on what you are financed for.  In an age where there are two government bailed out mortgage entities, Fannie Mae and Freddie Mac, that is scary news. Government is getting more involved by the day buying up loans.  Why the secrecy? Fannie is “under a lot of political pressure, and wants to keep everything” quiet, says Paul Miller, managing director of FBR Capital Markets.

What most people working with lenders don’t understand is that when Bank of America tells someone they are being considered for a loan modification and then declines that modification that one of these entities is the reason.  When you ask “why” you were declined, Bank of America won’t hesitate to point to Freddie Mac’s guidelines.  If you ask who owns your note through a legal letter, Bank of America will often tell you it is Freddie Mac or Fannie Mae.  However, when Bank of America sues you for foreclosure, don’t be surprised when they put in the Complaint that they actually own the Note.

One would think the time for secrecy should be over in order to fix the problem. From Robo-signing to break ins, the foreclosure crisis has pretty much run the gamut.   In New York they are trying to make this fraud punishable by criminal penalty.  Why isn’t that happening everywhere?  It has been reported that such entities are drilling through locks and breaking into properties in foreclosure.  Their reasoning?  They can because when you signed your mortgage you agreed to it.  But unless you remember being told at closing that by signing your mortgage you were waiving your Fourth Amendment right to be free from unreasonable searches and seizures, then someone is running against the law.

Our government is claiming that they can mandate healthcare for the general welfare of the public.  At the same time, in courtrooms, congressional hearings, and executive meetings the subject of foreclosure practices is going by the wayside.  Sure they  have offered to have banks rent the homes back to the homeowners.  The same entities that you can’t write off taxes for and get approved if you are self-employed?  The same entities that wrongfully foreclosed because they didn’t have the note and got away with it?  The same entities that broke into homes when there was no final judgment of foreclosure?  I’m sure we would all love to rent from them.

Just know that the private servicers loans are being bought up by government bailed out entities.  And if it isn’t happening through the government here, then it happens overseas.  Recently, one mortgage company sold off to another in the European market that helped make them quite a bundle over there.  Of course that doesn’t benefit us much.

Speech is being silenced if it is against banks by those speaking out, and everything that is being sold is some big secret.  Hear no evil, speak no evil, see no evil, right?  If we want to fund huge programs, then the economy has to be able to.  You cannot run a car without gas or unless you charged it up.  Fixing the real estate crisis is key to doing just that.  The question is how many of our rights do we have to give up to get there.  The Fourth Amendment?  The First?

These are not merely just people who stopped paying a mortgage.  Many of them were told to in order to get a loan modification by the very lender who claims they own the note.  The information that is being put out is pure propaganda, and the secrets being held the truth.  No viable solution has been offered to fix this problem, and everywhere people would rather turn their heads than deal with it.  That is until you start to hear the drill at your own door.

http://www.americanbanker.com/issues/176_243/fannie-mae-secretly-become-mortgage-servicing-giant-1044951-1.html?zkPrintable=true