I am in foreclosure at this moment with a non-Standing, entity, trustee US Bank, who was slipped into my county recorders file and someone also removed the first assignment to Bank of NY Mellon, as trustee for a different trust. The assignment is fraudulent as the servicer, Nationstar, assigned it to US Bank, now they are named as plaintiff in my foreclosure, despite the fact that they sent me a letter stating that as "trustee, we have nothing to do with the process of foreclosing", yet still the foreclosure mill attorney is moving forward with this I have had a Bloomberg audit of my loan done and it shows that the REMIC never made it into the PSA in a timely manner, that the note was only ever endorsed once by Countrywide, by David Spector, pay to the order of, without recourse, BofA serviced my loan for approx. 8 years then sold it to the most abusive, deceitful Nationstar, who lied to me about the reason for denying my ten loan mod. applications. I hired a attorney, of the Kemp v. Countrywide fame, and he tells me the audit is not admissible as evidence in court, and signed me up for a loan mod. of a loan that the trust was paid in full, no one has the note any longer as it was converted into stocks to avoid paying taxes to the IRS. Does anyone know how I should fight every entity involved with the clear lack of clear title, now on my home? I send my attorney, cases that are similar to mine, as I think he is too busy to give the attention I require, to my case, and is in fact getting annoyed at me.!

If your lawyer is getting annoyed, maybe you should dump the lawyer. You are paying him. What I have discovered is that when a lawyer acts the way yours is acting, he either does not really understand the foreclosure process, or, is only knowledge is a loan mod.

I don't think your lawyer will do anything outside of the ordinary for you. 1. He doesn't want to tick off the judge since he has to see him again and again. 2. if he tries anything out of the ordinary, like a non-standard defense the judge could make the lawyer's life hell possibly up to sanctions and disbarment.

Most likely, you are going to have to bring up the fraud and faulty documents. Make a record. Write an affidavit. Use the fraud docs as exhibits. File them into your case. If you have no record, they will steamroll over you.

If you don't bring it up, no one else will. The judge, even when he sees the fraud will not mention anything about it never mind do anything about it.

I am sure Dr. Graves will have great insight on your plight.

But I am in a similar situation. I was 2 days from going to trial when the plaintiff suddenly motioned for continuance. During that continuance, they sold the note to someone else, changed servicers and now I am dealing with a new law firm as well under substitution of plaintiff.

But my research, led me to contacting the FBI, CFPB, IRS, SEC, Atty Gen and more.

Richard,

I have never dealt with foreclosures myself, but after the 2008 housing crisis, there was a lot of fraud uncovered. You made two very strong points in your posting. One of which I have already been looking into for myself.

First, you commented on during the “motion for continuance”, the plaintiff sold the note. There should be a way for the defendant to motion the court to prevent such a tactic from being used. The first thing that comes to mind is to file a Les Pendens. But I don't have first-hand experience with this process.

Second, you commented on notifying other governmental agencies of the fraud. I actually have been looking into this tactic in other situations while reviewing Federal Codes dealing with Civil Rights violations by government officials. By notifying other governmental agencies of a Fraud, you create a paper trail that can be used to widen the circle of participants...thereby expanding the fraud to the level of a Conspiracy, or at the very least Complicity. A single agency may attempt to get away with a Fraud, but I doubt that other agencies will want to be dragged down.

So , if you give notice to the “offending agency” that you are carbon copying other government agencies of the Fraud...the “offending agency” may be less likely to go forward. It's my opinion that they could settle out of court with you. Why? Because merely discussing your case between other government agencies (even if they were not participants) satisfies one of the elements of a conspiracy charge.

I talked about Elements of a Crime, and where you can find them in one of my other postings. I would really like to hear how anyone else here has defeated a foreclosure process.

For now, I have found and been using a tactic for paying off a 30yr mortgage in under 8yrs. Hopefully, I can complete this before the next housing crisis. Good Luck!

I have a question that concerns changed documents also . How can a Trust agreement (a Revocable Living Trust) that becomes irrevocable contain language that states trust beneficiaries can be removed or replaced, real property can be taken out of trust and put into a second named trust, Trustee may terminate trusts at anytime or move to jurisdiction of another state.....
What is the purpose of a person having a trust that states who will receive it's benefits if the trustee can modify its terms to take everything from it and use for his own benefit.
It also states that the trust is not subject to any court jurisdiction and shall not be under any orders of the court and Trustee or personal Rep shall have no liability to any wrongs done to any beneficiary or held to any reporting of any transfer of property into LLC or questioned to authority of being Trustee and their word is sufficient in any inquiry into their power to create trust, stop payment of distributions, without liability to its effect on beneficiary.
How can a Trust be drafted with this language by atty who named himself as trust Protector and never gave copy to the person he drafted it for? It also states a person who replaces previous Trustee cannot look into or inquire of missing assets that were not reported to new Trustee.

Is this allowed? Can a Trust do illegal acts that a living person would have to be held accountable for? Or, can a Trust be allowed to racketeer a million or more dollars and the family it was intended for is made to sit and watch and not have a right to do anything?

I have a question that concerns changed documents also . How can a Trust agreement (a Revocable Living Trust) that becomes irrevocable contain language that states trust beneficiaries can be removed or replaced, real property can be taken out of trust and put into a second named trust, Trustee may terminate trusts at anytime or move to jurisdiction of another state.....
What is the purpose of a person having a trust that states who will receive it's benefits if the trustee can modify its terms to take everything from it and use for his own benefit.
It also states that the trust is not subject to any court jurisdiction and shall not be under any orders of the court and Trustee or personal Rep shall have no liability to any wrongs done to any beneficiary or held to any reporting of any transfer of property into LLC or questioned to authority of being Trustee and their word is sufficient in any inquiry into their power to create trust, stop payment of distributions, without liability to its effect on beneficiary.
How can a Trust be drafted with this language by atty who named himself as trust Protector and never gave copy to the person he drafted it for? It also states a person who replaces previous Trustee cannot look into or inquire of missing assets that were not reported to new Trustee.

Is this allowed? Can a Trust do illegal acts that a living person would have to be held accountable for? Or, can a Trust be allowed to racketeer a million or more dollars and the family it was intended for is made to sit and watch and not have a right to do anything?