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entity no longer exists/conflict of interest

Discussion in 'Foreclosure, Repossession, Auctions, Short Sales' started by lost in ohio, Oct 31, 2015.

  1. lost in ohio

    lost in ohio Law Topic Starter New Member

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    Jurisdiction:
    Ohio
    long story short....

    The original named plaintiff in foreclosure against me ceased to exist in 2012. That entity "bought" our home at sheriff sale in 2014. The foreclosure mill law firm processing the foreclosure stated to me yesterday that it represents BOTH the non existent entity and the new "servicer". Isnt that a conflict of interest"?

    The law firm just recently got the title conveyed into the new "servicers" name in August of this year after refiling the deed packet multiple times to the Sheriff. I have also received a 2nd Amended Confirmation of Sale recently. So its been a year and a half its taken the law firm to get the deed packet correct.....something is fishy to me!

    I hired/paid an attorney days after the sale last year and he never filed notice with court that he was retained. Only AFTER i got the first Confirmation of Sale was in communication with the attorney and he told me that it was "too late" and that there was "nothing can be done after the confirmation of sale". So i basically just gave up.

    Now while doing a little researching have i discovered that every single "bank" that we sent our payments to for our mortgage, have been investigated by the government for fraud and misconduct.

    I dont know what to do! I need help quickly and desperately!
     
  2. adjusterjack

    adjusterjack Super Moderator

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    I - There is no conflict of interest for the same attorney to represent the new servicer after the old one ceased to exist.

    2 - If you lost your house because you defaulted on your mortgage payments you're done.

    3 - If the outcome would have been different if your attorney had timely filed his appearance you might be able to recover monetary damages in an action for malpractice. But, again, if you couldn't have come up with the money to bring your arrears current, your outcome would not have been any different, lawyer or no lawyer.

    4 - Just because your mortgage companies were investigated for fraud doesn't mean that they defrauded you. Care to enlighten me as to how they defrauded you?
     
  3. lost in ohio

    lost in ohio Law Topic Starter New Member

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    national city bank, aurora loan services, countrywide, bank of america, nationstar all are parties which we sent our payments to. only an assignment to aurora is on record in county office. my mortgage was transferred so many times, im positive it wasnt recorded properly and i now know that my loan was securitized which is neither here nor there really.
    aurora tried to foreclose on us the first time it was assigned to them. i hired an outside mitigation service to help with processing the paperwork. before the ink was dry on that agreement, they (aurora) sold it, or transferred it, or who knows what they did, to countrywide. never had any problem with countrywide. then it just went to bank of america for a couple years and then back to aurora who started to foreclose again. i wire transfered aurora the amount they told me needed to get current. i called one week later to verify payment received, told me they denied my wire transfer and had tacked on another $1000 in bulls**** fees n whatever else they wanted to do.

    one day i get a notice regarding Independant Foreclosure Review notice regarding foreclosure by above mentioned banks and i was entitled to money from the settlement. We got 2 checks from Rust Consulting, the party dispersing the money from settlement. one check referenced Aurora and the other referenced Bank of America.

    My credit report shows BOA, Aurora and Nationstar....all show open account dates of when i originally got the loan in 1999 with National city, which national city doesnt show up on my credit report.

    in the judgement against us, it states we owe Bank of New York Mellon as trustees for cwabs asset back securities series 2005-bc5 almost 70k.

    i have a MERS id number, which MERS isnt shown in the county recorders office as a party with power to transfer my mortgage. i have 4 or 5 different loan numbers for the same loan.

    ive searched the SEC website under the cwabs trust.....my loan is nowhere to be found in the prospectus or the fwp.

    SOMETHING is wrong i can feel it.....i just dont know how to remedy this due to not being a lawyer or court savvy.
     
  4. lost in ohio

    lost in ohio Law Topic Starter New Member

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    should there not have been a notice to the court of something stating that aurora ceased to exist in 2012 and that Nationstar was now the named party as servicer to my loan? its the same case number that aurora filed the foreclosure against us with.
     
  5. adjusterjack

    adjusterjack Super Moderator

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    Yes, there should have been a substitution of parties filed with the court if Nationstar took over the case. Have you visited the court and physically reviewed the case file documents? If not, I suggest you do that as it will be the only way you can be sure of what's in the file.

    One thing bothers me. Why do you keep saying that Aurora ceased to exist in 2012? I ran a search and found that Aurora is alive and well, at least as of 2014 when it was involved in a lawsuit.

    Aurora Loan Services, LLC: Private Company Information - Businessweek

    I also learned that it's a Delaware LLC but Delaware charges fees for any information beyond the basics:

    Aurora Loan Services, LLC: Private Company Information - Businessweek

    One other thing I think you should know is that the lack of recorded documents doesn't invalidate any transfer of ownership of the mortgage. Recording documents makes them public record for some additional protection for the parties to the transaction but not recording the document doesn't mean that the new owner doesn't own the loan.

    I realize that there was a lot of confusing stuff going on. Up until 1998 I had mortgages on all my homes going back 30 years before that. The mortgages were sold every few years by one can of worms to another. I was constantly writing letters to get mistakes fixed.

    I can certainly sympathize but now that the foreclosure sale is over I'm not sure where you can go with this if you aren't prepared to spend a fortune on litigation.
     
  6. lost in ohio

    lost in ohio Law Topic Starter New Member

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    wikipedia shows they exited mortgage servicing in June 2012 and transferred that to Nationstar. Also, when i called the number that Aurora gave on the buyer sheet for the sheriff sale, it isnt Aurora.....its SPS....who the F is SPS and how did the courts let this sale go through is the problem.

    www.auroracommercial.com check out that link. and i guess i worded it incorrectly, it ceased operations in 2012....same difference if u ask me.

    and as for spending more money on litigation, F that, i paid an attorney once n he stroked me and didnt use any lube. i was however successful once in filing a pro se motion for a stay on the sheriff sale in 2013, but since i didnt file one document a couple weeks after that they restarted the process. i lost hope at that point because there was no way i was going to go up against those mfers with million dollar attorneys that get paid to lie.

    i got off track...sorry. the assignment to aurora was signed by a known robo-signer. im in ohio and it was done in scottsbluff nebraska......same city and state as aurora....hmmmm isnt that a coincidence? at this point im just torqued and i have my balls back and want to fight them because i know what they did wasnt legit....i just dont know how to prove it.

    thats why im here....looking for guidance or suggestions as to what document/motions i can file with the court to vacate the foreclosure/sale/possession/imending eviction.

    any suggestions? lol
     
  7. lost in ohio

    lost in ohio Law Topic Starter New Member

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    and no i have not yet gone and gotten a copy of the entire case file from the court. that will be done on monday for sure!
     
  8. adjusterjack

    adjusterjack Super Moderator

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    Unfortunately, nobody on any legal website is going to be able to provide step by step instructions.

    However, I ran a search for setting aside foreclosure sales and came up with several articles. None are specific to Ohio but they may give you some idea of what to look for at an Ohio law library if you want to try it without a lawyer.

    Boyle, Gentile & Leonard, P.A.: SETTING ASIDE FORECLOSURE SALES….

    http://digitalcommons.law.ggu.edu/cgi/viewcontent.cgi?article=1367&context=pubs

    Appellate Court Ruling for Setting Aside a Foreclosure Sale | Pertria

    How to Reverse a Sheriff Sale, Foreclosure Auction, Trustee Sale - Stop Foreclosure Blog
     
  9. lost in ohio

    lost in ohio Law Topic Starter New Member

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    thank you, i sincerely appreciate your input.

    just wanted to also let u know that i just found a website that names Nancy Walker, the person that signed the assignment to Aurora in 2006, is a known robo signer for sure.
    www.jurisimprudence.com under robo signers on page 54-55

    now im off to research the links u have provided.

    again, thank you for your time and input.
     
  10. army judge

    army judge Super Moderator

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    SPS, SELECT PORTFOLIO SERVICING.
    I've dealt with these critters.
    Their home base is Salt Lake City.
    They say their primary business is servicing mortgages for dozens of lenders.

    It's a very slippery, perhaps slimy bunch of people who act as bagmen for the MORTGAGE MOB.

    Mortgages are one of biggest SCAMS in this nation.

    Finance a home with a debt of just 200K at 4% interest for just 20 years.

    If you pay the $200 grand back in 20 years, you'll actually pay out in EXCESS OF (THREE HUNDRED AND FIFTY GRAND) $350,000 for a dilapidated, junk shell of a former home!


    Do the math on a 30 year mortgage.


    The BAMBOOZLERS have you thinking you dropped 200K, and very seldom talk about that missing 150K.

    You've almost bought TWO homes for that money.

    Plus, the so called 200K, was probably worth about 100K.

    Used car salespeople are saints compared to those involved in REAL ESTATE SALES AND SERVICING.

    Used car salespeople get a bad rap.
    Real estate agents and mortgage lenders are the criminals!!!!!
     
    Last edited: Nov 1, 2015
    lost in ohio likes this.
  11. lost in ohio

    lost in ohio Law Topic Starter New Member

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    yep thats the number listed on the sale sheet is Select Portfolio! i couldnt remember when i posted earlier.

    ok so u know what im up against....aurora loans services has the phone number of SPS listed and has Nationstar as the party for the deed to be named/transferred.

    since i dont know all the correct terminology to use or reference cases similar to mine, i am up against an enemy with endless supply of money and resources to bury me.

    the number of foreclosure cases in my county court with aurora named as plaintiff is unreal!

    anyway, my loan was for $84k in 1999 at 7.875% interest. the judgement against us says we owe CWABS SERIES 2005-BC5 $70k.....thats absolutely impossible. we made additional principal payments at the beginning of our loan. i used the Nationstar amoritization tool and put in my numbers.....u can guess the amount used in the suit against us....yep it darn near matches to the dollar what the amoritization table says.
    i dont think my payments were applied correctly or accounted for.

    i would really like a few legal terms or words or phrases used by attorneys and judges that are applicable to instances like mine. it might as well be hieroglyphics to me. ive read and read and read about this mortgage debacle and its as clear as mud. im so frustrated!
     
  12. lost in ohio

    lost in ohio Law Topic Starter New Member

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    our home caught fire and during the rebuild/restoration is when the loan was transferred to aurora the first time. i contacted my homeowners policy insurance company and aurora sent them a letter in october, two months after we finished and moved back in, stating that the house was vacant! that was a lie!! aurora has done nothing but caused headaches since day one of their involvement.

    i also have asked my insurance company for all the named parties as mortgagee over the years. its interesting to see who was sending the insurance company payments for my insurance (paid thru my monthly mortgage payments/escrow)

    every time my loan transferred, my payment went up and up and up. theres hazard insurance i was charged for.....i had an FHA loan...my taxes and insurance were included in my payment.

    its a cluste****.....i dont expect to get a free house but i'll be darned if i just let these crooks take it without a last fight from me.
     
  13. army judge

    army judge Super Moderator

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    You won't win, you can't win.
    It's like playing poker or blackjack with a stacked deck.

    Your only way out, cut your losses, file a chapter 7 bankruptcy, have your debts wiped out, buy time, save your money to move into a nice apartment complex.

    Otherwise, you'll end up being foreclosed and ousted from THEIR home, the one they deluded you into believing was yours!

    A "homeowner" is simply a caretaker, or in 1930s terms, SHARECROPPER.

    To beat the SCAMMERS and BAMBOOZLERS, you understand their language, you understand their rules, you don't play their game and allow them to play you.
     
  14. army judge

    army judge Super Moderator

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    Sorry, LIO, any entity that buys your note becomes your overlord.
    Mortgages are very similar to the feudal system.
    If you're not an overlord, you're simply a peasant in someone's Fiefdom.
     
  15. adjusterjack

    adjusterjack Super Moderator

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    Unfortunately, mortgages are a necessary evil. The vast majority of the American homebuyers can't come up with 6 figures in cash to buy a home without a mortgage and are incapable or unwilling to put money aside for 20 years in order to buy one for cash while they pay rent and raise a family so they trade renting (with all its evils) for buying (with all its evils) and hope that buying turns out to be successful (the lesser or two evils).
     
  16. lost in ohio

    lost in ohio Law Topic Starter New Member

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    so what u r telling me is that with proof of a robosigned assignment and the loan being securitized and paid multiple times over, that i dont have a snowballs chance of winning at all? lovely.....

    is anyone familiar with the GMEI Portal/website? i typed in my SSN and over 200 transactions showed up. some of the names that showed up on that site also i found on the SEC search of the CWABS trust alleging i owe them money.
     
  17. army judge

    army judge Super Moderator

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    Anyone can make an argument in support of anything.

    Unlike food, cancer treatment, dental care, etc..., home ownership isn't a necessary expense.

    Shelter is required, to be sure, but that need not mean one falls for the mortgage industry lie.

    One can make an appealing argument to support ILLEGALLY crossing a sovereign border to cleanse the sting of crime. In fact, the argument has arrived by renaming the illegal alien, as an undocumented worker.

    Try driving, get caught for speeding, and telling the cop, "I'm an undocumented driver, with undocumented registration, undocumented car ownership, and undocumented insurance."

    There was a time in this country when people DID scrimp, save, and slave away at three jobs to save enough money to buy (not on credit, but in cash) to BUY a home.

    Sadly, the entire planet has fallen prey to the lies and scams of the least trustworthy among us.

    Insurance, at one time meant pooling risks, of a select few to keep costs down.

    These days, insurance (thanks to Obama) has been convinced to throw all into the pool, making the others pay for the undeserving, or uninsurable.

    That principal isn't applied when it comes to life insurance, auto insurance, or homeowners insurance.

    The entire planet will be unlivable in 50, maybe a 100 years, with such a philosophy.
     
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  18. army judge

    army judge Super Moderator

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    I'm not telling any specifics, other than the deck is stacked against you. They do what they have to do to prevail over people in your position. If they let you win, it'll encourage others to fight, rather than toe the mark.

    Very few, a damned few beat them.

    I've fought all of my life to help the underdogs.
    I've been lucky, much more than I've been smart.

    Good luck to you.
     
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  19. army judge

    army judge Super Moderator

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  20. lost in ohio

    lost in ohio Law Topic Starter New Member

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    i need someone with access to a Bloomberg Terminal....they will be able to get me some very very useful information regarding the securitization of my loan. in 2005 countrywide wasnt involved with my mortgage yet, nor was aurora. so why in the F i owe some countrywide trust 70k is a crock of u know what.

    my current personal feelings towards my county court system is that it may as well be Mayberry and Barney Fife.

    if there was never a change of parties filed on my case, what are the, hypothetical speaking, legal ramifications for the plaintiff(s)?
     

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