Wilson v. Goldberg, et al

Are you referring to this Wilson v. Draper?

443 F.3d 373
Karen WILSON, Plaintiff-Appellant,
v.
DRAPER & GOLDBERG, P.L.L.C.; L. Darren Goldberg, Defendants-Appellees.


No. 05-1392.
United States Court of Appeals, Fourth Circuit.
Argued December 1, 2005.
Decided April 5, 2006.

To: "mortgage-challenge@yahoogroups.com"
Sent: Fri, July 30, 2010 8:14:15 AM

Subject: Re: [mortgage-challenge] Re: Say what?



The subst trustee is acting as a debt collector and they get away with it because no one challenges it
- Show quoted text -

See Wilson v Draper
The real party is the bene that holds the orig note and Deed of Trust or mortgage and assignment

Question:

Doesn't FRCP 17 give the substitute trustee standing or how are they to do foreclosures the way they have been doing them:
(a) Real Party in Interest.(1) Designation in General. An action must be prosecuted in the name of the real party in interest. The following may sue in their own names without joining the person for whose benefit the action is brought: (A) an executor; (B) an administrator; (C) a guardian; (D) a bailee; (E) a trustee of an express trust; (F) a party with whom or in whose name a contract has been made for another's benefit; and (G) a party authorized by statute.

Mortgage Holder as "Debt Collector"

The "debt collector" moving an action in court is in violation of the FDCPA, you could start moving an action in federal court for civil liabilities. If you want to be just left alone call the attorney for the plaintiff, inform him/her of the violation of the FDCPA and let them know you are prepared to move an action for civil liabilities if they do again contact you or submit an additional complaint on this alleged "debt".

Might work, might not. There is no way I would be just sitting there if they kept doing this... they are bloodsuckers.

How the U.S. Fell for a Ponzi Scheme

http://www.nationalpost.com/opinion/columnists/story.html?id=1b41b924-1b7c-4b95-a63a-ab1ae25185fc

Upside Down Home Mortgages

http://www.bills.com/blog/Owe-More-than-My-House-is-Worth-and-MortgageHelp/

More; http://www.brighthub.com/money/home-buying/articles/33330.aspx

Angel of Foreclosure Debt Bedevils Lenders

Hero Lawyer in Fla. Wish NY would get some;

http://www.msnbc.msn.com/id/28277420/

Foreclosure Crisis, Up Close & Personal

http://www.cnbc.com/id/38384149/

Mortgage Securities Pose Problem for Feds

http://www.cnbc.com/id/38382933/

Homeowners Take a Stand, Demand Original Paperwork

http://www.cnbc.com/id/29241628/Homeowners_Take_a_Stand_Demand_Original_Paperwork

Thread: Show Me the Loan

http://goldismoney2.com/showthread.php?5532-quot-SHOW-ME-THE-LOAN-quot&p=45669

"Restore America" Scam

Even if you are not familiar with the RESTORE AMERICAN PLAN and the
"grand jury" that they have "created" please post this document
everywhere. The people need to know what is truly behind it. This is
their document for the "leaders" that the people were not supposed read.
It is well written, but the bases for it is what scares the hell out of
me. Pay special attention to page 6, where if they don't like what the
jurors do, the "leadership council" can remove them.
The "leadership council" has basically appointed Tim Turner, a "former"
FEMA and/or DHS agent as president over everyone.
I believe this group is very dangerous and nothing more than a con by a
bunch of "carpetbaggers" to rip off people that don't know what is
really going on. They do not want even their own "grand jurors" to have
this document.
I do not believe they want to "restore" anything, I believe they want to
take over Americans lives and use the people the same way everyone that
tries to be in charge always does.
I know I will catch a lot of crap for releasing this document and all
the people ignorant enough to believe the people behind this crap are in
it for anything but the money are going to blindly defend their new
leaders. But my job is to spread the truth.
If you are part of that group I advise you to wake the hell up and see
who your leaders really are before they lead you into the abyss and
steal everything you own.
Look up Tim Turner's actual cases that he claims he won and see for
yourself it is nothing but lies. Look up the cases of people who have
used his crap and contact them and see what they think now. Check the
visiting hours first so you don't make a wasted trip.
If you chose to not do your own due diligence and not believe me, don't
blame anyone, the government included, but yourself for what happens to
you and your family.
Tim Turner is not like Jesus and the founding fathers as I have heard
him claim. I have not discovered any document where the FF or Jesus
charged hundreds of dollars for seminars to tell lies to people and
cause them to believe in some bullshit process that has never worked and
can't work. If it did and Turner and his group has access to billions of
dollars, why would they need a few hundred from some guy that can't pay
his bills. Get real people, before it is too late.
You have my word, the RESTORE AMERICA PLAN and all the crap involved is
a scam to rip you off and is flat out dangerous. It is ran by people
that use honest people to deliver their lies so the lies appear as
truths. I advise everyone to get out and quit following those people
before everything goes to hell in a handbag.
When you find who the people that started it really are and what they
are really trying to do you will be glad you left in time.
Discover the truth while you still can.

SEND THIS TO EVERYONE ON YOUR EMAIL LIST SO WE CAN SAVE THE INNOCENT
ONES.

To send donations to "SHOW ME THE LOAN" thru PayPal:

https://www.paypal.com/cgi-bin/webscr?cmd=_s-xclick&hosted_button_id=QWT\494QNJFMSU

Title Insurance Glossary

http://www.americantitleco.biz/glossary.html

Deeds of Trust

I was listening to Harold last night and he talked about two things that caught my attention. First he said that doing a forensic exam means that you agree that there was a loan.
Second he talked about people who have deeds of trust before 2008 that there are loop holes which in fact state that only the original lender can foreclose.

MERS, Inc.,Bank$ters Foreclosing Electronically

http://www.mersinc.org/index.aspx

Bleak Outlook for US Housing Market

http://www.dailymarkets.com/economy/2010/07/12/a-bleak-outlook-for-the-us-housing-market/

$hiti-Lies / LIZ CORY

Well now, remember so many months ago when it was reported we had a victory in our fight with $hiti to modify our loan? Well, I take it back. We get a call from $hiti who wanted to set up an appointment to send one of their own notary publics out to our house with the documents so we could sign them and get them back to $hiti. However, I did not like the idea of having to sign the documents without having a chance to have our lawyer or even our banker to review them and I let them know I thought it was only fair that we be given a chance to review them before we signed them. On July 2nd I called and spoke to a man named Bob at the executive office who told me he would send them out through UPS that day. Still, we are waiting. A couple of days ago I got a call from LIZ CORY at the loss-mitigation dept who asked me if I had a chance to go over the documents yet and I said,..."review them?" "We havent even received them yet!" She got all indignant acting on like I was lying and stuff,..well you can imagine how it went after that. After things calmed down, we decided that we could do it through email and LIZ CORY took my email addy and told me that she we would be sending the email right away. I waitied all day by my computer and nothing came. The next day I called her to let her know that I was still waiting for her email and again, she "went off" and implied that I was lying and attempting to stall the process. After much more heated debate it was agreed that $hiti would fax them over (ot our banker) who I had waiting at his fax machine to receive. He waited all day and nothing came. The next day I called $hiti back and they informed me that the doc were sent via UPS on July 19, 2010. So we habe been waiting eversince for the UPS package to come.

Today, I get a call from our obnoxious loss-mitigation worker LIZ CORY who informs me that the documents were delieved to my door via UPS on July 19th.asking "did we sign them yet?" Huh? When I told her that we have received no documents from $hiti on the 19th or any other day, she got indignant (again) and commenced in to her implying that we were lairs, stating that she had "proof" that the package was delivered to our home on July 19, 2010, and accusing me (on again) of stalling . She gave me this tracking # 1ZR04R700297084952 and when I go to check it on line I get a "no info" message. Then I call the UPS Tracking store at 1 800 742-5877 and get a gal named Jackie (Employee # 2252) who informs me that the only "record" they have of this "package" is that A LABEL was created by $hitiMortgage on this day, but she couldnt even verify for me that a package was even sent!!! I am sooo tired of $hitis BS but particularly of loss-mitigation worker LIZ CORY who has accused us of out-right lying in these matters time and time again, all the while "reminding" me that $hiti has "bent over backwards" for us (yeah, right) and also accusing us again of intentionally stalling the process.....
I have complained a number of times to the Treasurey Dept about this kind of treatment by LIZ CORY of $hitiMortgage and they put me with this gal Monica from Home Affordable Solutions who has promiced to look into this matter for us. I told her as I have told $hiti I will NOT be talking to LIZ CORY again upon the advise of my mental health counselor.
He is going to write a letter to $hiti to let them know that she is detrimental to my health.

Geesh. This is what I get when I tracked on line;
Tracking Detail Help

Billing information has been sent to UPS. Check site later for updated shipment status or contact shipper for more details.


Tracking Information
Tracking Number: 1ZR04R700297084952 Status: Billing Information Received Shipped To: JOHNSONVILLE, NY, US Shipped/Billed On: 07/19/2010 Reference Number(s): 007100000026986 Type: Package Service: 2ND DAY AIR

According to Jackie (UPS Empolyee # 2252) this info means only that a label was created by the senders and billing info was received by UPS from the sender but shows also that no package has actually been shipped yet.....

See why I call them $hiti?

Arnold v. $hiti-Mortgage

Kathleen Arnold v. Citimortgage, Incorporated
Defendant -

Appellees: CITIMORTGAGE, INCORPORATED, Assignee, LEHMAN BROTHERS BANK, F.S.B., AURORA LOAN SERVICES LLC, WELLS FARGO, CONGRESSIONAL FUNDING USA, LLC, STEWART TITLE GROUP, LLC, MARTIN DENNIS, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED, RANDA SAMIR AZZAM, Substitue Trustee, DANIEL J. PESACHOWITZ and SAMUEL I. WHITE

Plaintiff - Appellants: KATHLEEN ARNOLD and TIMOTHY A. COTTEN

Case Number: 10-1233
Filed: March 1, 2010

Court: U.S. Court of Appeals, Fourth Circuit

Nature of Suit: Other Statutes - Other Statutory Actions

Previous Case: Arnold et al v. CitiMortgage Incorporated et al (8:2007cv02617)

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Defendant - Appellee: CITIMORTGAGE, INCORPORATED, Assignee
Represented By: Bruce Edward Alexander
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$hiti-Mortgage is Psycho / a Whole String of Other Complaints

http://www.pissedconsumer.com/index.php/index.php?option=com_content&task=view&id=114521&Itemid=72&pccache=0&mosmsg=Comment+Saved%21+If+the+comment+is+not+related+to+the+topic%2C+it+will+be+deleted.

$hiti Shits on Customer With Perfect Credit Looking to Re-Fi

Declines his application and charges him $800 fee to do it; http://forum.freeadvice.com/banking-credit-cards-18/can-i-sue-citimortgage-517937.html

Bank Ripping Off Veterans on Mortgages

http://www.myfoxchicago.com/dpp/news/metro/veterans_allege_illegal_mortgage_fees

Small Law Firm’s Big Role in Bundling Mortgages

Originally Published: February 1, 2008

In recent years, as subprime lending proliferated, a small law firm played a big role on Wall Street.

Back of the Envelope The young firm, McKee Nelson, helped investment banks and mortgage lenders bundle home loans into securities — lots of them. Since 2000, McKee has been involved in almost 3,300 deals totaling $2.7 trillion, according to Asset Backed Alert, an industry newsletter.

The Wall Street banks and lenders hired McKee Nelson, which is based in Washington and New York, to write or review prospectuses for the securities. It was a lucrative arrangement, helping to generate $202.5 million for the firm in 2006, the latest year for which figures are available.

Now, with losses on bad mortgage investments exceeding $135 billion, questions are growing about whether prospectuses like these adequately disclosed the risks to investors.

Mark H. Adelson, a co-founder of Adelson & Jacob Consulting, a securitization and real estate consulting firm, said offering documents in general lacked clear warnings about the deteriorating quality of home loans. “That’s what was missing,” Mr. Adelson said. Most of these documents, however, did detail the mechanics of the investments and the kinds of loans backing the securities, he said.

Reed D. Auerbach, a structured finance partner at McKee Nelson, stands by the firm’s work.

“We get paid to write good disclosure,” Mr. Auerbach said. “We think that the offering documents we’ve written disclosed all the risks to investors.”

New York state prosecutors are investigating whether Wall Street banks withheld crucial information from investors about the risks posed by subprime loans. McKee Nelson has not been subpoenaed in the investigation or accused of any wrongdoing.

But as investors’ losses mount, companies across the financial services industry are coming under scrutiny. Bankers, auditors and lawyers are bracing for a wave of lawsuits. One law firm, Cadwalader Wickersham & Taft, is already fighting a $70 million malpractice suit over its mortgage securities work.

“Anybody who touched the security in the process of creating or selling it is going to be subject to litigation,” said Joseph A. Grundfest, a business and law professor at Stanford and a former commissioner of the Securities and Exchange Commission.

The Internal Revenue Service, meantime, recently opened an inquiry into the special trusts that are typically used to issue mortgage securities. A McKee Nelson spokeswoman declined to comment.

McKee Nelson burst onto the scene in 1999 and quickly grabbed lucrative Wall Street work from long-established rivals. William F. Nelson, one of its co-founders, said the firm, which is known for its sophisticated tax work, did not employ any special legal maneuvers to outflank its competitors. “There’s no secret, magic elixir that we sprinkled,” Mr. Nelson said.

In any case, the mortgage turmoil is now hitting the highly regarded McKee Nelson hard. The firm recently pared its structured finance department to 80 lawyers from about 115 through buyouts, sabbaticals and transfers to other departments. More cuts are unlikely, a spokeswoman said.

Across Wall Street, the structured finance industry is hurting. Just this week Merrill Lynch, which has lost billions of dollars on mortgage investments, said it would pull back from the business.

But after profiting from the mortgage boom, McKee Nelson is now positioning itself to profit from the bust by riding the coming wave of lawsuits. In January, the firm flew its partners and their spouses to Charleston, S.C., aboard four Delta commuter jets, to map out its strategy.

“We’re heavily committed to doing more litigation,” Mr. Nelson said. The firm hopes to represent investment banks, hedge funds and other financial companies, as well as their executives, in a variety of litigation, he said.

Financial Crisis Meltdown: What Started it All?

http://www.youtube.com/watch?v=1RZVw3no2A4

Home Prices to Plunge Another 10 Percent

Ritholtz:
Friday, 02 Jul 2010 10:44 AM Article Font Size
By: Ellen Chang

The price of houses in the United States will drop even more, says Barry Ritholtz, founder of Fusion IQ, the investment research firm.

Current prices are still way too high because the decline didn't reach the “fair value” level compared to rent and income levels, he told Yahoo Finance TechTicker.

During the next 12 months, the price of houses will fall by another 10 percent, Ritholtz said.

The amount of houses compared to the number of buyers is still skewed even if houses are now more “affordable,” he said.

The housing bubble has caused an $8 trillion negative wealth effect, said Howard Davidowitz of Davidowitz & Associates.

“I mean this is a complete disaster and that's why we are going to have a double dip. We're guaranteed a double dip in housing,” he said.

Potential home buyers don't need to fear the market will be “running away” from them, said Dan Alpert, managing director of Westwood Capital.

“The affordability is pretty much here to stay. I think we're going to be in an era of very flat pricing and very, very cheap money for a very long time,” he said.

Home prices will fall at least another 5 percent to 8 percent, Alpert predicts.

© Moneynews. All rights reserved.

Fighting fraudulent Foreclosures / a Seminar

Please Help Your Friends in Foreclosure Trouble - Spread this Around
Seminar for Fighting Fraudulent Foreclosures - Past, Present and Future
-Updated
Mike Rothermel is hosting a SEMINAR on Saturday July 10th and 11th,
2010. John Stuart and Bill McCafrey have been secured as the main
speakers.

John Stuart to be the main speaker at the seminar and he will speak most
of the day on Saturday about his "SHOW ME THE LOAN" doctrine, William
McCafrey will close out the day. On Sunday, July 11th John and Bill
will conduct a "Moot Court" to elaborate on the use of the
material and answer questions. John will grill the expert witness from
the banks perspective and from the homeowners. If we go overtime, we
have the Room for the day and will not be running you off, if you want
to have further discussion.

The information John will speak of are his discoveries and theories, you
will not get his information anywhere else. You will learn about the
banking and document fraud that proves conclusively you NEVER received
a "LOAN" and the Banks did "BUY" your Promissory Note. "Show Me the
LOAN" is what we should be screaming. John will be going over why the
"Show Me the Note" defense/offense should not work and is a moot point.
He will explain how to go after the Bank's CEO's for the "Show
Me the LOAN" concept, among other issues and topics relating to the
fraudulent, felonious and criminal Foreclosure activities of the
Bank's personnel and the Bank's Attorneys.

William McCafrey is scheduled to take the floor for the last hour and a
half of the Saturday session. He is an expert in the Banking industry
and He testifies as an expert witness on behalf of homeowners regarding
fraud committed by the banks. He will explain the mortgage pooling and
servicing agreements, who really owns the note, and how loans are
pooled into mortgage backed securities which are traded on the stock
market!

The tentative schedule for the Saturday class will be 9am to Noon,
lunch until 1:30 pm, and class until 6 pm with a couple of smoke and
facilities breaks in both sessions. Sunday will be Moot Court, from
9:30am to 2 pm or longer if need be.

The event will be put to DVD and sent to attendees. There will also be
a library of educational materials, documents, examples of pleadings,
and pertinent laws and case law will be provided on CD or DVD.

The Seminar will be at the Millennium Resort Scottsdale McCormick
Ranch7401 North Scottsdale Road, Scottsdale, Arizona, Phone: (480) 948
5050 for room reservations. The Millennium Resort is offering
discounted room rates of $69.00. Discounts on a Lakeside room for
$89.00, 2 bedroom Villa for $149.00 or a 3 Bedroom Villa for $199.00 are
also available, if You want to bring Your Family for some fun in the
sun. The Seminar will be held in the Superstition Ballroom on July 10
and 11.

The resort has mountain views and is immediately adjacent to The
McCormick Ranch Golf Club; the intimate lakeside retreat offers
countless opportunities for fun and rejuvenation. Southwestern décor
flavors each of the guest rooms and suites featuring spacious designs,
and convenient high speed Internet access. When you are in the mood
for award winning cuisine, stop by Piñon Grill, their signature
restaurant, or allow them to promptly deliver your meal. Just moments
away, Scottsdale's excitement awaits, be it a visit to the Phoenix
Art Museum, local Casinos, a desert jeep tour, splash in a water park,
or a casual game of championship golf. There will be copious tanning
available free.

Please send Seminar payments, a suggested $400 donation [PayPal Gift]
to support the ongoing and past efforts of a team of researchers and
slaves to the cause. Send reservations and inquiries to
mikesseminar@gmail.com
. PayPal to
the - mikesseminar@gmail.com
- should work
fine. Let me know if your payments are being mailed to Michael
Rothermel, P O box 102, Arlington, Arizona, 85322, so I can reserve
your spot. Seating is limited to 210. I may be reached at
623-386-7449. [As of July 26th there is more than 90 seats left]

A flier is posted on the web here;
http://www.myprivateaudio.com/John-Stuart--Forclosure-Seminar.html

and You may access information on the web also here;
http://privateaudio.homestead.com/Mike-Rothermel-on-Mortgage-Fraud.html

Thank You for Your attention, Our team wants to end this fraud, Mike