Have You Requested A Copy Of Your Unaltered Wet Ink Signature Note Yet?

Tyler Durden's picture Submitted by Tyler Durden on 10/27/2010 21:51 -0500

Yes 22% (64 votes)No 40% (117 votes)Huh? 39% (114 votes) Total votes: 295
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by Wu-Tang Financial
on Wed, 10/27/2010 – 21:56
#682283

Homeowners rights, bitchez!!

Login or register to post comments by TheGreatPonzi
on Wed, 10/27/2010 – 21:57
#682284

wet ink, bitchez

Login or register to post comments by Spalding_Smailes
on Wed, 10/27/2010 – 22:05
#682304

ABC News

 

NEW YORK (Reuters) – A group of mortgage investors seeking to pressure lenders to buy back potentially billions of dollars in bad loans says its ranks are swelling and it will soon deliver strong evidence that banks have treated investors unfairly.

New York securities lawyer David Grais and Dallas-based Talcott Franklin on Wednesday met with more than 50 large mortgage bond investors to try to convince them to fight banks.

Their effort is gaining fresh momentum due to recent complaints from foreclosure lawyers about sloppy paperwork from banks. This has focused investor attention on the extent to which banks may have been too understaffed for years to properly make and service mortgages.

A source said investors at Wednesday’s meeting in New York included Paulson & Co, MetLife, Prudential and the Federal Reserve Bank of New York. Paulson and the New York Fed declined to comment, while the others were not immediately available to comment.

 

http://abcnews.go.com/Business/wireStory?id=11988792

 

 

Login or register to post comments by Village Idiot
on Wed, 10/27/2010 – 22:37
#682358

Personal Strategy –

I own some income property with a partner.  We had planned on developing it until the market turned.  Although it currently  breaks even, the note recently converted to a LIBOR ARM at around 3% and we can’t refi because the LTV isn’t there.  And we don’t want to be sitting in an ARM that has a life cap of 12%.

I am submitting a demand for payoff, along with a request for the original note, et al.  The  incentive for our current lender to negotiate (we expect) is that we have an “investor” who is ready and able to lend us the money, but the clock is ticking.  If our lender isn’t able to provide the documents that we are legally entitled to and/or there is a newly formed cloud on title – we believe that we will have a damages case. 

I don’t know of any other investors who are ready and able to lend us the money to pay off our existing first – with long term financing at a rate of 3%.

You may find yourself in a similar situation.

 

Login or register to post comments by The Navigator
on Thu, 10/28/2010 – 01:51
#682627

I smell a rat in this whole RE situation. TPTB are trashing Real Estate, both residential and commercial – everyone just wants out since things are so bad. The rat I fear will swoop in and scoop it all up at the bottom and leave us homeless and without any RE – and then HyperInflation sets in and “THEY” win again. Look, it took us 2 to 2.5 years to figure out that toxic loans (vis-a-vis CDOs/MBS) would blow the taxpayer so I wonder what we’ll be realizing in 2012/2013 on how they screwed us again on real estate.

Unfortunately I can’t gain from this info – I’ll try to hang onto what I’ve got and hedge my bets with RE, PMs, some cash, a whole lotta prepping and exit plans. Bottom line, holding ‘some’ RE should be part of a plan – personally, farm land (or micro farm) makes sense, esp if far away from big/bigger govt.

Wish you all safe harbor.

Login or register to post comments by Bananamerican
on Wed, 10/27/2010 – 22:00
#682289

o Rent

Login or register to post comments by banksouttacontrol
on Wed, 10/27/2010 – 22:09
#682313

camp! 

best RV gets the best ladies….

 

 

 

 

Login or register to post comments by MurderNeverWasLove
on Wed, 10/27/2010 – 22:13
#682318

. . .in a van!  Down by the river!

Login or register to post comments by Bananamerican
on Wed, 10/27/2010 – 22:14
#682322

Squat…Jack Squat

Login or register to post comments by MarketTruth
on Wed, 10/27/2010 – 22:39
#682369

Currently rent because it makes no sense buying at these high prices. My ex can not even find a buyer of her ~$2M peak home now on sale for $650.

Login or register to post comments by rmsnickers
on Wed, 10/27/2010 – 22:01
#682297

I requested it via phone and they said no problem..not like they are going to mail me the wet ink doc.  I am sending my written request on friday via registered mail with return receipt.  Here is the text (taken from another poster on an earlier link):

To whom it may concern:

I own the property at the address listed above, and your bank services my mortgage.

Over the last several weeks there have been many stories documenting the problem that banks are foreclosing on homes without proof that they own the loan.  I have learned that in many cases, banks like yours do not even know who owns the loans you service.  Employees at several leading banks have admitted to rubber stamping tens of thousands of foreclosures every month, without even checking to make sure that the bank had a legal right to proceed with foreclosure.  In some cases, banks allegedly falsified mortgage documents to cover up their mistakes.  There have been reports of two banks trying to foreclose on the same home, banks foreclosing on homeowners who were current on their payments, and even of a bank foreclosing on a home where the homeowner had never taken out a mortgage to begin with.  This is not merely a “technical problem”–it is the difference between having a warm bed at night and being out on the street.

As a homeowner and a customer of your bank, I am horrified.  I had always believed that it I played by the rules, I would be protected, but now I know that banks like yours think the rules don’t apply to them.

To protect myself and my family, I need to know who owns my mortgage.  Within thirty days, I would like to know the name, address, and phone number of the bank or investor that owns my mortgage.  Furthermore, in light of the recent allegations of foreclosure fraud, I demand to see the original mortgage note proving ownership over my home loan.  I would like to see copies of all endorsements and assignments of my mortgage note and where and when the assignment(s), if any, were recorded.  I also ask that you provide me with evidence of your firm being contractually retained to service my loan.

If you fail to provide the information I am legally entitled to, I will be forced to consider all options available to me to ensure that my family and my home are protected.

I ask that I receive my response in writing.

Thank you for your attention to this matter.

 

Login or register to post comments by merehuman
on Wed, 10/27/2010 – 22:16
#682326

i stand to inherit the property i helped build . I took scrubbage and made it beautiful with trees 18 ft tall now and have a great garden.

I sold my half to my older partner for 10 bucks  so she could do the reverse mortgage as i saw the turndown for my business coming(Drywall contractor)

What is most interesting to me was the xtra 5000 grand we paid for the “banks” insurance. Scam artists. Me, when she dies i am prepared to be homeless. Prospecting in east oregon i will be quite unaware of my homeless status.

Login or register to post comments by Ras Bongo
on Wed, 10/27/2010 – 22:32
#682359

“Thank you for your attention to this matter.”

Well said but there is no need to thank them for their attention: they have it by reading the letter and knowing that dem eally ucked! Yours truly, will suffice, IMHO.

Login or register to post comments by rmsnickers
on Wed, 10/27/2010 – 23:04
#682412

I hear you on that…I took all the language with minor changes from another poster so I have to give him/her credit for how it reads.

Login or register to post comments by Burnbright
on Wed, 10/27/2010 – 23:42
#682468

You should sign under your name, without prejudice. It means you hold all your rights and wave none. Secondly tell them that failure to reply within 30 days is nihil decit, and tacit agreement to your claims. Their are other claims other than not being the note holder, you might as well throw them in, they are;

1) The mortgage lender gave no consideration for the house, the loan was created by the signature when you signed the loan. 

2) The mortgage lender has to prove it would suffer a loss (meaning it lost money from lending you it what it had on hand, like coming from a deposit, i.e. consideration)

Last but not least use a notary to document the letter, it enters it into a court of record, common law court, the highest court. Once they default send a NOTICE OF DEFAULT AND ESTOPPEL, notarized of course, to stop them from taking further legal action. 

 

Login or register to post comments by ISEEIT
on Wed, 10/27/2010 – 22:08
#682308

Mayhem PEOPLE. Imagine hitting them unexpectably for a change? It’s clearly on a short timeline anyway, so don’t you suppose that to take them off balance might afford us a better shot at terms more aligned to our interest?

I really don’t see where they planned for this, which means we ought to show the same ‘compassion’ that they have so honorably exhibited to us.

Time for some ‘art’?

Login or register to post comments by cat2
on Wed, 10/27/2010 – 22:15
#682323

I rent.  My contract was wet ink signed but it was a 1 year and it was over 2 years ago.

Login or register to post comments by snowball777
on Wed, 10/27/2010 – 22:28
#682351

You may want to nudge your landlord to then…you’d hate to be evicted on mistaken info even if it isn’t your place, right?

Login or register to post comments by Mercury
on Wed, 10/27/2010 – 22:17
#682324

How would you know if the ink was wet or not on the original note if the requested copy you’re holding in your hand is, well, a copy?

Login or register to post comments by Janice
on Thu, 10/28/2010 – 00:15
#682377

My problem exactly.  I requested a copy of my note, but it has a stamp on it that says, “I certify that this is an exact copy” with a signature.  I have requested a copy of the note for a second time.  If the stamp is in the same place with the same signature as the last copy, then I will know that they are sending copies of copies and I am going to file a complaint with the Attorney General.

Login or register to post comments by woolly mammoth
on Wed, 10/27/2010 – 22:18
#682334

Can’t play. No mortgage with a clean title. But my thoughts are why would anyone keep paying their mortgage without knowing for sure the receiver of the payment could convey the title after being paid in full. 

Login or register to post comments by Teaser
on Wed, 10/27/2010 – 22:24
#682343

Well, here is my dilemna. My note is likely screwed up.  Let’s say it is.  I send the letter.  I get a crap response back.  I send another letter.  They ignore me.  Then what?  Now, it’s time to lawyer up, put the mortgage payments in the escrow account and go to war.  Right now, and I mean, at this moment, I’m not sure I will win or can win that war.  When I see the possibility that I could win, then off to war we go.  But not until then.  Because, in the meantime, a ruined credit report can leave me with a missed opportunity, or worse.  So, that’s my thinking if anyone wants to point out why I should go to war.

Login or register to post comments by Burnbright
on Wed, 10/27/2010 – 23:58
#682486

That is really part of the problem, my father has worked a few court cases defending common law and to be honest the judges do not follow court procedure. They don’t really follow any law, they make it up as it they go along and pretty much act as an interested party be it for the banks or the DMV. Judges can deny you due process and get away with it if you don’t know the law well enough (knowing how to file a writ of error) or how to respond to your rights getting violated by a judge (none that I know of other than judicial review board). 

Login or register to post comments by i-dog
on Thu, 10/28/2010 – 02:37
#682652

You don’t go to war without doing reconnaissance first! First lesson from Sun Tzu.

And, when you send the letter, you don’t telegraph everything you know about all the allegations about fraud in the industry and how you suspect they may be involved! Second lesson from Sun Tzu.

Your note might be fine, and they may not be a party to any fraud in the industry (in your case).

Just send a letter and see what the situation is with your note before talking, and fretting, about “war”.

Login or register to post comments by DollarMenu
on Thu, 10/28/2010 – 01:32
#682617

My home is paid for too, so I can’t play either.

Glad I do not have to be in the game at this point.

Login or register to post comments by arod@ajrcm.com
on Wed, 10/27/2010 – 22:58
#682401

No response expected, see you in court

Login or register to post comments by rmsnickers
on Wed, 10/27/2010 – 23:10
#682418

I gotta be honest, I am a little surprised that with 133 votes in as of this post, almost 80% have answered no or huh?

With the level of intelligence that I see here everyday, is there anyone out there that can comment as to why they wouldn’t want to do this regardless of if they are in financial trouble or are looking to stop payment?

Thanks for the info, just curious to hear both sides. And for those of you that answered “huh?”, I find it hard to believe that you don’t understand the question 🙂

Login or register to post comments by snowball777
on Wed, 10/27/2010 – 23:21
#682427

– renters

– people already holding title

– people stationed on submarines

…you get the idea.

Login or register to post comments by Teaser
on Wed, 10/27/2010 – 23:22
#682429

I didn’t realize we had so many submariners reading here.

Login or register to post comments by tomdub_1024
on Wed, 10/27/2010 – 23:57
#682467

I’m on a submarine for you baby, I can’t tell you what I found…

Sub-mission…down, down, dragging me down…

 

🙂

Login or register to post comments by i-dog
on Thu, 10/28/2010 – 02:40
#682657

“I didn’t realize we had so many submariners reading here.”

What else can you be called when you’re underwater?

Login or register to post comments by CrazyCooter
on Wed, 10/27/2010 – 23:25
#682435

Funny this comes up.

I met with an attorney last week (Fri) and he was of zero assistance. I drafted a letter based on the SIEU, but in my own words. It went certified to GMAC today.

I am interested in speaking with an attorney in my neck of the woods regarding the issue (have no idea what I will get back as a response). I bought in Sep 07, so I am prime for this sort of shenanigans.

Regards,

Cooter

Login or register to post comments by Burnbright
on Wed, 10/27/2010 – 23:57
#682495

You can do the law work yourself, its not that hard. Just right up an affidavit make claims you believe to be true, such as example;

1) blank Mortgage lender does not hold the note to the original mortgage.

2) blank Mortgage lender can not validate the debt of the original mortgage blah blah blah

If you want an actual template that looks like it wasn’t typed up by elementary school student I can probably send you one my dad gave me. 

Login or register to post comments by Conrad Murray
on Thu, 10/28/2010 – 01:31
#682614

I’m sure if you put it up on scribd.com or Google Docs and posted the link here, more than a few people would appreciate it.

Login or register to post comments by Assetman
on Thu, 10/28/2010 – 00:28
#682542

I had a little more success, it seems.

I did get an ackowledgement from the mortage servicer and the title company and a copy of the signed note and title papers in a little more than 10 days.  Knowing the sheer size of my servicer/banker, that’s a pretty decent response time.

I also got verification from Freddie Mac that they are, indeed, the owner/investor of the note.

The biggest problem that I have is there is no way I can verify that the signature is real, or that the signature even matches the officer who signed the note.  What I can say is that the signator is a lady, and that “lady” wrote like a man.  It also seems more like the signator put in their initials, rather than writing her full name– it’s literally illegible.

Login or register to post comments by Marc45
on Thu, 10/28/2010 – 00:31
#682547

WTF people! Either pay your mortgage or figure out how to live within your means.  Humans are such opportunists…

Login or register to post comments by Conrad Murray
on Thu, 10/28/2010 – 02:04
#682635

The same could/should be said for financial institutions, auto companies, etc.  Failure for one, failure for all.  Until then, fuck the banks.

Login or register to post comments by plocequ1
on Thu, 10/28/2010 – 02:10
#682637

I rent. Thank god. Life is good.

Login or register to post comments by StychoKiller
on Thu, 10/28/2010 – 02:50
#682662

You miss a valid point, in less than two years, the wife and I will have made our last payment.  So, what if we find out then, that BofA cannot discharge the note?

I sent BofA a letter stating that we’re in a position to pay off the note right now, and that I want to see a copy of the note, Deed of Trust, and Chain of Title.  If they do NOT provide valid and legal documents, WHY SHOULD WE continue to pay??

Login or register to post comments by EscapeKey
on Thu, 10/28/2010 – 02:59
#682667

“I’m European”/”Not from the US” option sadly missing.

Login or register to post comments by fiftybagger
on Thu, 10/28/2010 – 03:14
#682669

What if everyone stopped paying their taxes and their mortgage at the same time?

 

Kunstler:

Nowadays, these documents can hardly be located at all – not such a surprise, really, since they were ground out like e-coli infested bratwursts in strip-mall boiler rooms run by former used car salesmen, and pawned off wholesale (literally) on banks who served them up sliced-and-diced, sloppy Joe style, on CDO buns to credulous pension funds, cretinous insurance company yobs, double-digit IQ college endowment managers, and other such nitwits bethinking themselves the reincarnation of Bernard Baruch, not to mention foreign sovereign nations who bought this smallpox-blanket-grade investment paper by the container-ship-load and, finally, the innovative geniuses at the very banks who engineered the stuff and got stuck with tons of it themselves when, as they say, the music stopped….

 But I stray a little from my point, which is the massive systematic monkeyshines involving legal documents relating to American real estate. The bankers say, just bring a “lost note” letter to the closing. “The dog ate it.” Signed, Mom. Like, that’s an okay substitute for the rule of law. Oh, and, by the way, the dog ate the title, too. Congress even tried to get in on the act last week with a bill that would have essentially negated the significance of notarization – that is, of witnessing and attesting to the veracity of documents – in order to mitigate the fiasco of robo-signing, which was endemic in places like the mortgage mills of Nevada and Florida where due diligence went AWOL and Burger King-quality employees just threw some contracts in the trash out of sheer boredom.  “Oh, the dog also ate my signature….” President Obama vetoed the damn thing, which was passed in the US Senate unanimously by the human dung-beetles who work that manure pile. The dog ate your financial system.

 

http://kunstler.com/blog/2010/10/the-tombstone-blues.html

 

 

Login or register to post comments by Arkadaba
on Thu, 10/28/2010 – 03:28
#682698

Rent! But I have suggested to a few friends that they look at the note.

Also looking forward to reading this book over the weekend:

http://arkadaba.blogspot.com/2010/10/monster-how-gang-of-predatory-lenders.html

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