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Foreclosure Defense Attorney Fund - Part II

$545raised of $8,000 goal
6%

Organizer: Charise Brunelle Beneficiary: Brunelle Family

. The four of us -- me, my husband (who served this country for 22 years in the U.S. Army Bands), and our two cats, have lived in our townhouse here in Southern California (San Diego County) since...

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The four of us -- me, my husband (who served this country for 22 years in the U.S. Army Bands), and our two cats, have lived in our townhouse here in Southern California (San Diego County) since 2002. Our home is in a small gated community. We have lived here for almost 10 years.

Our whole foreclosure nightmare began simply because we placed a telephone call to our mortgage servicer, <font color="red">Bank of America/BAC</font color="">, and asked for a loan modification application packet. We wanted to take advantage of a lower interest rate. The original lender of our loan, <font color="red">First National Bank of Arizona</font color="">, unbeknownst to us until recently, had been shut down by the FDIC in 2008.

The application process went on for months, with repeated demands for paperwork that was "missing" or "lost", to lack of communication regarding the status of the application, to being transferred from department to department when we called, to never hearing from anyone with updates, to being given conflicting and or inaccurate responses to our questions. And then suddenly things simply spiraled out of control.....

The loan was accelerated, with full payment being due. Then we were told to do a short sale or a deed in lieu of foreclosure, then the property went into foreclosure, then we were assigned a new mortgage servicer <font color="red">Green Tree Servicing</font color=""> (who in reality was a debt collector and NOT a new mortgage servicer) then a trustee sale was scheduled by <font color="red">Northwest Trustee Services</font color="">.

Throughout this whirlwind process we discovered many irregularities with our loan paperwork that was filed in the county recorders office, and that we had been sent by the various parties involved with our loan. We ultimately discovered that the mortgage servicer <font color="red">(Bank of America/BAC)</font color="">, our only point of contact during the entire time we have had the loan, <font color="red">never had the legal authority to do a loan modification or foreclosure on the property</font color="">. A fact that <font color="red">Bank of America/BAC</font color=""> FAILED TO INFORM US OF. So now the question is, who actually owns the loan and who have our payments been going to all these years?

After going around in circles for months, and faced with the threat of having our home taken away from us, it became apparent to us that we were the victims of an illegal foreclosure among other things, and that we needed to obtain the services of an attorney.

Prior to <font color="red">Northwest Trustee Services</font color=""> scheduled Trustee's Sale of our home in April, our attorney filed a lawsuit questioning the authority of all those involved: <font color="red">Bank of America, Green Tree Servicing, MERS, Northwest Trustee Services, Fannie Mae</font color="">. The lawsuit addressed several causes of action including securitization, predatory lending, fraud, misrepresentation, harassment, robo-signing, predatory mortgage servicing, dual-tracking, quiet title, etc. It should be noted that <font color="red">Bank of America, Green Tree Servicing, Northwest Trustee Services</font color=""> and <font color="red">Fannie Mae</font color=""> ARE NOT named on the Promissory Note or the Deed of Trust that was signed for our townhouse.

Here is a link to the lawsuit that we filed:

Brunelle versus Bank of America, Green Tree Servicing, Northwest Trustee Services, MERS, and Fannie Mae

Despite the fact that all of the defendants were served with the lawsuit and have filed a "motion to dismiss" with the court in order to prevent the case from ever going to trial, THE TRUSTEE SALE WAS HELD by <font color="red">Northwest Trustee Services</font color=""> and our home was "sold" to <font color="red">Fannie Mae</font color=""> via a credit bid which means no money was paid. <font color="red">Fannie Mae</font color=""> also claims to be the creditor of our loan, so they were simply "repossessing" property that WAS NEVER OWNED BY THEM IN THE FIRST PLACE.

On July 11, 2012 we participated in the unlawful detainer (eviction) hearing and explained to the court why we SHOULDN'T be evicted from our home by <font color="red">Fannie Mae</font color="">. Attorneys for <font color="red">Fannie Mae</font color=""> filed a motion that prevented us from discussing the pending litigation of our lawsuit. The motion also prevented us from discussing any aspect of wrongful foreclosure. Because of the motion we unable to fully present to the jury what had transpired. <font color="red">Fannie Mae</font color=""> also submitted a motion that prevented the jury from hearing closing arguments and from being allowed to reach a verdict. In effect the "hearing" was nothing more than a bench trial. The eviction was granted.

Through our research, and in talking with our attorney we have learned that wrongful foreclosure is happening to more and more people. And rather than staying and FIGHTING for what is rightful theirs, people pack up their belongings and leave. Or worse, they have their belongings forcibly removed from their home by others. In the end, they wind up homeless, losing all the money that they have invested in their home over the years. <font color="red">It's not right, it's not fair, it's illegal and this needs to stop.</font color="">

We are very fortunate in that we have been able to hire an attorney who understands our situation, believes in protecting the rights of homeowners, and has the skill and tenacity to fight for us in court. Of course an attorney cannot provide their services for free, and while we have been paying the attorney since day one. the more the defendants delay the case from going to trial by filing motions or challenges, the more money we have to expend for our attorney to prepare paperwork and appear in court. Sometimes court cases aren't always about justice. Sometimes they are about which side has the deepest pockets and can outspend the opposing side.

Which brings us to this fundraising effort. We are reaching out to all of you for assistance. The fight to save our home is not just for us. It's for all the families who innocently bought into the AMERICAN DREAM of owning a home, only to later find out that they have been paying money for something they will never actually own, and that can be taken away from them in an instant by parties who are not legally entitled to the property.

In order to keep everyone up-to-date on what's going on with the court cases, I will post status reports on the UPDATES tab. Posted there you will also find links to informative videos, current news items, and definitions for industry related terminology. Please be sure to check the UPDATES tab frequently.

We have also set up a Facebook page where we have shared more about us. On the page you will also find links to more documents and other related information.

Here is the link to our Facebook page:

The Brunelle Family "We're Fighting Our Foreclosure" Fundraiser Page

It is our intention that once we settle this matter in court, that we will take some of the money awarded and use it to help others who find themselves in the same unfortunate situation. If we don't stand together as a people, in the end we will ALL lose.

Please help us in our fight to continue living the American Dream. Thank you.

Sincerely,

Doug & Charise
The Brunelle Family

MyTime0606@yahoo.com

Contact the Organizer
Updates

Updates

08/21/2012
by Charise Brunelle

Still trying to remain hopeful and encouraged despite the devastating blows that life has thrown our way for the past year or so.  Wondering how we are going to pay for the storage units we were forced to acquire in order to prevent the contains of our home from being thrown in the street and destroyed.  Because we are unable to set up our home-based office/studio for our businesses, our income has dropped dramatically.  It's a vicious cycle.

Because of the illegal foreclosure & eviction being on our credit reports, it makes it nearly impossible to find a rental home or acquire a standard 9-5 job in a Corporate Business.  Not to mention making acquiring a business or housing loan virtually impossible.  In many ways our lives have unjustly been destroyed.  We're still trying to figure out WHY and HOW something like this can happen to us and thousands of other families across this great nation of ours.

Every day I work diligently to spread word about our fundraiser in the hopes that people with look into their hearts and help us out.  I'm also working towards getting the media to take notice of our plight and do an investigation of all parties involved in this nightmare.

If we don't stand up for our rights and for justice, who will?





08/16/2012
by Charise Brunelle

Previous July update from main page:

<font color="red">***** SHERIFF HAS SERVED US WITH "NOTICE TO VACATE" *****
</font>

<font color="red">The Sheriff posted a notice on our door which states that we must vacate the property by Wednesday, August 1, 2012 at 6:00am. If we remain here beyond that date and time, we will be removed from our home.
</font>

<font color="red">Federal National Mortgage Association (Fannie Mae) claims to be the new owner of our townhouse. The company failed to prove at the Unlawful Detainer hearing last week that they are the actual owners of the property or that they even purchased the property at the alleged "Trustee Sale". A sale that was conducted by an entity that never owned any rights to the property in the first place.
</font>

<font color="red">There has never been a loan to us from Fannie Mae. There has never been any paperwork signed by us with Fannie Mae. We have never had any direct communication to us or any kind of business agreement with Fannie Mae.</font>






08/16/2012
by Charise Brunelle

Previous July update from main page:

<font color="red">***** EVICTION WAS GRANTED *****
</font>

<font color="red">Despite the fact that we had the law on our side, despite the fact that the Plaintiff couldn't PROVE IN COURT that they were the true owners of our home, the Judge granted the eviction. Before the trial began the Plaintiff filed a motion that PREVENTED us from discussing the illegal foreclosure and the lawsuit we have filed regarding that. So the jury had NO INFORMATION about the wrongdoing of the Plaintiff to date.
</font>

<font color="red">Based on our cross-examination of one of their witnesses (a realtor assigned to market our home) It was proven that she had NO IDEA who owned the home or if there had in fact been an actual trustee sale. When my husband was on the stand, he testified that none of the entities involved in the foreclosure were on his Deed of Trust. He testified that he had NEVER signed any kind of agreements with any of the entities. The Plaintiff DIDN'T prove their case. So what happened?
</font>

<font color="red">BEFORE the jury could be sent out to deliberate, the Plaintiff filed a motion which stated that they had ALREADY proved their case. It was argued by our side that they hadn't and we cited court cases AND various California Civil Codes, California Evidence Codes, and California Codes of Procedure that had been violated. The judge disregarded all of it, granted the motion, and told us to go appeal the matter.
</font>

<font color="red">Justice WAS NOT SERVED THAT DAY. We ended up having a bench trial (which we DIDN'T want for this exact reason) despite the fact that we had paid for a jury trial. The court reporter alone cost us $700.00.
</font>

<font color="red">Now we are packing up all of our belongings and have no where to go. The Sheriff will be at our home any day now to serve the eviction notice. 5 days from that date they will change the locks on our door.
</font>

<font color="red">We are tired, frustrated, and broke. We need your help now more than ever.</font>






08/16/2012
by Charise Brunelle

Looks like the eviction scheduled for Tuesday, August 14thactually happened.  We have been informed that the locks have been changed on our townhouse.  The townhouse that we have lived in since 2002, have paid a mortgage on during those years, and still owe the original amount borrowed because none of the monthly payments were applied to the principle of the loan.

We are now officially homeless and technically unemployed since we both work from home.

From a psychological standpoint, we can't begin to describe what it's like to be served a notice that you will be illegally evicted on August 1st, have a Sheriff show up and NOT evict you, then served ANOTHER notice stating that you will be evicted on August 14th.  *sigh*






08/11/2012
by Charise Brunelle
After the eviction DIDN'T happen on August 1st, we didn't know what to think.  All of this running around snatching stuff out of our home, throwing it into storage was for nothing?  It made no sense.  Since then we have found yet ANOTHER eviction notice posted at our townhouse.  This one states that we will be evicted at 6am on TUESDAY, AUGUST 14, 2012.  Is this one for real or not?  Or we will be dealing with the same NIGHTMARE all over again?





07/28/2012
by Charise Brunelle
The lockout from our home of 10 years is scheduled for 6am on Wednesday, August 1, 2012.  Given the fact that it is impossible for ANYONE to continue working daily to earn money, locate a new home, pack up, move into it, AND continue getting 8 hours of sleep ever night all within a 2-week timeframe, we are beyond frustrated, stressed out and exhausted.

To make matters worse our eldest cat, Cody, has taken a turn for the worst.  He will be unable to make the move with us.





07/25/2012
by Charise Brunelle
This morning we were served with a "Notice to Vacate" by the Sheriff.  We have to be out of home by 6:00am on Wednesday, August 1, 2012.  If we are still in the property on that day, the sheriff will forceable remove us from the home that we still LEGALLY OWN.  And our possessions will be removed.

*sigh*





10/17/2012
by Charise Brunelle

You can also read more about our story on Facebook.  Here is a link to our Facebook Page:

www.facebook.com/Brunelle.Family.Fundraiser

On it you will find links to foreclosure related reading material.  You will also find links to additional documents regarding our lawsuit.

Feel free to share the link with your Facebook friends.





10/16/2012
by Charise Brunelle

From the Bloomberg Businessweek website:

Banks Sued by U.S. Homeowners Over Rigging of Libor Benchmark
October 15, 2012 5:09 AM EDT

U.S. homeowners filed a lawsuit against 12 banks, including Barclays Bank Plc and <ticker symbol="JPM:US">JPMorgan Chase & Co. (JPM)</ticker>, claiming that manipulation of the benchmark Libor lending rate made their mortgage repayments more expensive.

Traders at banks in Europe and North America such as UBS AG (UBSN), Bank of America Corp.and Royal Bank of Scotland Group Plc (RBS), “unjustly enriched themselves” by manipulating the rate, according to the complaint. That allowed them to increase the payments by homeowners on adjustable rate loans, boosting profit, according to the lawsuit.

Libor, or the London interbank offered rate, is the benchmark for more than $300 trillion of securities and loans. The rate is calculated from a daily poll carried out by Thomson Reuters Corp. on behalf of the British Bankers’ Association, a London-based lobby group. Lenders are asked to estimate how much it would cost to borrow from each other for different periods and in different currencies.

Read the rest of the article at the link below.

mobile.businessweek.com/news/2012-10-15/banks-sued-by-u-dot-s-dot-homeowners-over-rigging-of-libor-benchmark






10/16/2012
by Charise Brunelle

From the Go Fight Foreclosure Blog:

Top Five Mortgage Fraud Foreclosure Crimes Committed By Lenders
June 12, 2012 — Go Fight

The biggest unsolved crime occurring everyday is foreclosure. It kills, steals, and destroys the family unit taking away the America dream of home ownership. Destroying the progressive economic status advancement for people suffering from foreclosure. Yes, foreclosure is a dangerous syndrome that must be treated like an outbreak disease to cure the nation of the effects from foreclosure.

Most people know someone who went through foreclosure or in a foreclosure situation. Also including  themselves, only a very small percentage of the U.S. population are untouched by foreclosure and that is the top percent who control all the wealth. Which is the reason why the Occupy movement was formed because it appears as if no one cares about the masses struggling with foreclosure.

Here is why foreclosure is alarming. Most of the foreclosures conducted are crimes because they are wrongful violating state foreclosure laws. Forget blaming the victim for purchasing a house that was never affordable in the first place. Someone hands you a picture of the American Dream presented as your dream home likely you would sign on the line, too. Yes, even if you could not afford it. After all the mortgage industry created these dream loans. What former seasoned mortgage brokers like myself call liar-liar loans. I never engaged in this practice because I saw the writing on the wall and besides I like to sleep well at night. For those of us who have ethics.

Read the rest of the article at the link below.

gofightforeclosure.com/blog/top-five-mortgage-fraud-foreclosure-crimes-committed-by-lenders






10/01/2012
by Charise Brunelle

Here is a link to all the public record documents regarding our lawsuit.  If you look at them closely, and read the attached commentary, you will have a better understanding of the basis of our lawsuit.

www.scribd.com/collections/3864513/Brunelle-Family-2012-Foreclosure-Lawsuit-Documents








08/31/2012
by Charise Brunelle

Here is an embedded version of our lawsuit:

RCB Notice Summ Complaint 040212 FINAL<iframe class="scribd_iframe_embed" src="http://www.scribd.com/embeds/104535933/content?start_page=1&view_mode=scroll&access_key=key-190ag0cog07rd9bdp48d" data-auto-height="true" data-aspect-ratio="0.761490683229814" scrolling="no" id="doc_38501" width="100%" height="600" frameborder="0"></iframe>





08/31/2012
by Charise Brunelle

Here is a link to the lawsuit that we filed to stop the illegal sale of our home:

www.scribd.com/doc/104535933/RCB-Notice-Summ-Complaint-040212-FINAL







07/20/2012
by Charise Brunelle

Still packing items and moving them into storage.  Organizing and packing the last 10 years of one's life is a very long and slow process, not to mention physically exhausting.  And we still haven't gotten to moving furniture items yet.

We're trying to keep from letting our health get run down.  Which is proving to be somewhat difficult considering the fact that we are living under the DAILY pressure of the sheriff knocking on our door.  Of returning home one day after moving boxes and finding ourselves locked out of our home with our kitties being thrown in the street left to fend for themselves.

This is no way for a family to have to live.





07/14/2012
by Charise Brunelle
Today, and the next several days, will consist of us trying to pack up the last 10 years of our lives.  We are playing "beat the clock" in trying to box up and remove everything from our home BEFORE the sheriff comes and locks us out of the home that we still LEGALLY OWN despite what another entity is claiming.  We have no where to go, no time to look for a new home, and limited funds because of the costs of the legal preceedings.

Doug and I are self-employed and work from home.  So the loss of our home also disrupts us from generating income from our various business endeavors.  We are involved in the entertainment industry (Doug is a musician), audio engineering, sound production & recording, and computer support.  If Doug doesn't have access to his instruments and related gear, he can't perform.  If we don't have our home studio set up, we can't do audio/sound work.  If we don't have our computer room we can't do computer support work, nor can I work on getting clients for our all of our businesses.

I feel bad for our two cats.  They see the boxes and us running around trying to pack.  They are confused and somewhat scared by the activity going on around them.  I'm really concerned about our eldest cat Cody.  He is diabetic, in failing health, and quite frail.  He has special dietary needs and he sleeps a lot.  Bouncing around here and there in a carrier won't be good for him.  I don't know if he can survive the stress of the situation.

The most frustrating part about the eviction lawsuit is that the Plaintiff didn't have a single witness to testify that they were the legal owner of the property.  And the single document that they presented to the court, Trustee's Deed Upon Sale, proved nothing since no one in court testified that they had actually witnessed the Trustee Sale, nor was the person who prepared the document in court to testify, nor was there anyone else in court to testify that the document was valid.

The Plaintiff FAILED to prove that they were the one and true owner, yet they can evict us from our home?  It was as if I walked into a courtroom, submitted a document claiming that I own my neighbor's house, then the court saying that I could evict them from it and to go ahead and do it.  All without a shred of legally valid proof.  *sigh*

Meanwhile our lawsuit, which addresses who actually DOES OWN OUR HOME, is still being argued in court.  In that case we are the Plaintiffs.  There is a hearing scheduled for August 8th to address motions put forth by the Defendants.  They are fighting to get the case thrown out and not go to trial.

I still don't understand how it is LEGAL to pursue an eviction lawsuit when another lawsuit is pending.

The battle rages on.......





07/13/2012
by Charise Brunelle
From the Mortgage Servicing News website:

Putting the 'Service' Back into Mortgage Servicing

At the start of this year, nearly one in four mortgages was underwater and 4.5 million mortgages were seriously delinquent. And today, some studies estimate that as many as 10 million borrowers are at risk of defaulting on their mortgages in the coming years.

One of the problems that has made things even harder for struggling homeowners is the state of the mortgage servicing industry, which collects payments on behalf of the owners of the loans. This industry has never had a requirement, or a strong incentive, to meet the needs of consumers. Even before the crisis, there were already problems with bad practices and sloppy recordkeeping.
When the financial crisis hit, however, things got much worse. When millions of borrowers started to fall behind, many servicing businesses that had been built and focused primarily on the good times began to crumble under the weight of the growing crisis. To borrow a moral from Aesop’s fables, the servicing industry was all grasshopper and no ant, for it was simply not prepared to weather the lean periods of the financial cycle. The earlier problems with recordkeeping and other systems made it harder to sort out borrower problems. And instead of investing in new personnel and processes, too many mortgage servicers took shortcuts that made things far worse for homeowners in trouble.

Read the rest of the article at the below link.

www.mortgageservicingnews.com/blogs/compliance/putting-servicie-back-mortgage-servicing-cordray-1030102-1.html







07/13/2012
by Charise Brunelle
From the Foreclosure Nation website:

<section class="post-meta fix post-nothumb " style="color: rgb(119, 119, 119); font-family: Arial, Helvetica, sans-serif; text-align: left; margin-bottom: 1.71em; line-height: 24px; background-color: rgb(252, 250, 244); "><section class="bd post-header fix"><section class="bd post-title-section fix" style="padding-bottom: 6px; "><hgroup class="post-title fix">

<font face="American Typewriter, Georgia, serif">Hard Times in California for Bank Accountability – FDL</font>

By On <time class="date time published updated sc" datetime="2012-06-04T18:37:26.000000-07:00" style="color: rgba(0, 0, 0, 0.589844); font-family: Arial, 'Helvetica Neue', Helvetica, sans-serif; font-size: 12px; ">June 4, 2012</time>· Add Comment· In DemocratsEconomyFreddie and Fannie,Government Agencies Involved in FraudKamala HarrisRepublicans

California’s efforts to create a better environment for foreclosure victims have begun to fade. $410 million from the foreclosure fraud settlement that was supposed to go into counseling and legal services was instead diverted to pay for a state budget shortfall. While this has angered the legal aid community, with the enormity of the budget problem in the state, it’s unlikely that will be reversed, although a couple state legislators – particularly Senate Budget Committee Chairman Mark Leno of San Francisco – have pledged to give it a try.

More disturbing is the state of anti-foreclosure legislation, introduced to much ballyhoo, endorsed by the leaders of the respective chambers of the Legislature, and pushed by Attorney General Kamala Harris. This legislation would give a private right of action to foreclosure victims in the state, increase penalties for robo-signing, end the dual tracking process, whereby servicers begin the foreclosure process while negotiating loan modifications, and institute a host of other protections for homeowners. But California has a weird forced bottleneck of a legislative process, which puts the fate of legislation in a very small number of hands. In addition, Governor Jerry Brown has basically put on blinders, focused only on both the budget situation and a ballot measure that would raise taxes in November, for which he has sought the state Chamber of Commerce’s support. Needless to say, the Chamber doesn’t look kindly on the anti-foreclosure legislation.

See link below for rest of article:

foreclosurenation.org/kamala-harris/hard-times-in-california-for-bank-accountability-fdl/

</hgroup></section></section></section>




07/13/2012
by Charise Brunelle

From the Foreclosure Nation website:

Mortgages Arising From the Dead…a concern for everyone

By On <time class="date time published updated sc" datetime="2012-06-03T18:20:26.000000-07:00">June 3, 2012</time>· Add Comment· In Government Agencies Involved in Fraud,Personal Stories

This story has been told over and over….homeowners WITHOUT mortgages have banks attempting to foreclose, old refinanced mortgages coming back from long ago….and the government refuses to take action against these criminals.

from (Reuters)– In July 2009, Roy and Sheila Bowers refinanced the mortgage on their suburban ranch home in Topeka, Kansas. The couple wanted to take advantage of the low interest rates that were all the rage at the time.

Roy, a truck driver, and Sheila, a former hotel housekeeping supervisor, knew their new loan from Wells Fargo would enable them to save $198.86 a month – a nice chunk to help with gas and groceries.

But what the Bowers never imagined was that their old loan, the one Wells Fargo told them was paid off, would resurrect itself, trashing their credit report, scotching their son’s student loans and throwing the whole family into foreclosure. All, they say, even though they didn’t miss a single mortgage payment.

The Bowers are not alone.

Article continued at the link below.

foreclosurenation.org/personal-stories/mortgages-arising-from-the-dead-a-concern-for-everyone/






07/13/2012
by Charise Brunelle

From the Securities and Exchange Commission website:

Mortgage-Backed Securities

Mortgage-backed securities (MBS) are debt obligations that represent claims to the cash flows from pools of mortgage loans, most commonly on residential property. Mortgage loans are purchased from banks, mortgage companies, and other originators and then assembled into pools by a governmental, quasi-governmental, or private entity. The entity then issues securities that represent claims on the principal and interest payments made by borrowers on the loans in the pool, a process known as securitization.

continued at the link below:

www.sec.gov/answers/mortgagesecurities.htm






07/13/2012
by Charise Brunelle
From the How Stuff Works website:

How can mortgage-backed securities bring down the U.S. economy?

by 

In 2008, the United States teetered on the brink of financial disaster.Unemploymentlooked to reach its highest levels in two decades [source: Boston Globe]. Homeowners defaulted on their loans in record numbers. Enormous investment banks that had been in business for more than a century and had endured theGreat Depressionfaced collapse. The economy, in other words, was circling the drain. And all of it, every last part of this looming economic disaster, was due to a unique financial instrument called the mortgage-backed security.

Mortgage-backed securities(MBSs) are simply shares of a home loan sold to investors. They work like this: A banklends a borrower the money to buy a houseand collects monthly payments on the loan. This loan and a number of others -- perhaps hundreds -- are sold to a larger bank that packages the loans together into a mortgage-backed security. The larger bank then issues shares of this security, called tranches(French for "slices"), to investors who buy them and ultimately collect the dividends in the form of the monthly mortgage payments. These tranches can be further repackaged and sold again as other securities, called collateralized debt obligations(CDOs). Home loans in 2008 were so divided and spread across the financial spectrum, it was entirely possible a given homeowner could unwittingly own shares in his or her own mortgage.

rest of the article can be found at the link below:

money.howstuffworks.com/mortgage-backed-security.htm






07/13/2012
by Charise Brunelle

This is from the Foreclosure Nation website.  A story that is very similar to our experiences since 2011.

CA Fed Judge Dolly M. Gee Appointed by President Obama Denies Due Process to Homeowner

By On <time class="date time published updated sc" datetime="2012-05-17T16:11:06.000000-07:00">May 17, 2012</time>· 3Comments· In CourtsDemocratsMortgage Fraud Task ForcePersonal StoriesTake ActionUnderstanding Mortgage Fraud

OPEN LETTER TO THE PRESIDENT OF THE UNITED STATES OF AMERICA

May 17, 2012

DEAR MR. PRESIDENT,

DAY ONE OF HUNGER STRIKE re US BANK NA VOID TRUSTEE SALE AND Judge Dolly M. Gee (my hunger strike begins today in protest of homeowners being DENIED DUE PROCESS IN THE COURTS IN CALIFORNIA)

I am a California Homeowner who has been Unlawfully subjected to Foreclosure, A Void Trustee Sale and now heading towards an even more unlawful, humiliating, and emotionally debilitating EVICTION. This is occurring DESPITE the fact that Prior to ANY of these illegal crimes I was in FEDERAL COURT CONTESTING the PARTIES, claiming to have the Right to proceed with these actions. So, today with a Current FILED VERIFIED WRONGFUL FORECLOSURE LAWSUIT in Los Angeles Superior Court, Northwest Trustee Services Inc., in Santa Ana, Ca is proceeding with evicting me and my family. While, I protest for the Bank Never having to show that they have any rights to do anything, in court, this criminal act goes forward. The cost and toll in human emotions psychologically is unfathomable.

In 2009 You Appointed a Federal Judge by the name of Dolly M. Gee to the Central District Court in Los Angeles. This very same Judge, Dolly M. Gee along with the Magistrate serving Her Courtroom, Jay Ghandi, on January 3rd, 2012 DENIED ME DUE PROCESS.

I NEVER APPEARED in Dolly Gee’s court YET she dismissed my case without EVER addressing ANY of the issues in my complaint but instead RULED on the Defendant’s claims as if they Had been the one submitting a Different Lawsuit.

Letter continued at link below:

foreclosurenation.org/personal-stories/california-fed-judge-dolly-m-gee-appointed-by-president-barack-obama-denies-due-process-to-homeowner-challenging-foreclosure-quiet-title-lawsuit/







07/13/2012
by Charise Brunelle
Citigroup Whistleblower Sherry Hunt
By On <time class="date time published updated sc" datetime="2012-06-02T09:21:10.000000-07:00">June 2, 2012</time>· Add Comment· In Bank of AmericaCitigroupFreddie and Fannie
from Bloomberg

Sherry Hunt never expected to be a senior manager at a Wall Street bank. She was a country girl, raised in rural Michiganby a dad who taught her to fish and a mom who showed her how to find wild mushrooms. She listened to Marty Robbins and Buck Owens on the radio and came to believe that God has a bigger plan, that everything happens for a reason.

She got married at 16 and didn’t go to college. After she had her first child at 17, she needed a job. A friend helped her find one in 1975, processing home loans at a small bank in Alaska. Over the next 30 years, Hunt moved up the ladder to mortgage-banking positions in Indiana, Minnesota and Missouri, Bloomberg Markets magazine reports in its July issue.

On her days off, when she wasn’t fishing with her husband, Jonathan, she rode her horse, Cody, in Wild West shows. She sometimes dressed up as the legendary cowgirl Annie Oakley, firing blanks from a vintage rifle to entertain an audience. She liked the mortgage business, liked that she was helping people buy houses.

In November 2004, Hunt, now 55, joined Citigroup (C)Inc. as a vice president in the mortgage unit. It looked like a great career move. The housing market was booming, and the New York- based bank, the sixth-largest lender in the U.S. at the time, was responsible for 3.5 percent of all home loans. Hunt supervised 65 mortgage underwriters at CitiMortgage Inc.’s sprawling headquarters in O’Fallon, Missouri, 45 minutes west of St. Louis.

continued at link:

foreclosurenation.org/bank-of-america/citigroup-whistleblower-sherry-hunt/






07/13/2012
by Charise Brunelle
Please read this important research study from the Albany Law School that talks about non-juicial foreclosure states.  The study is entitled:

Property Title Trouble in Non-Judicial 
Foreclosure States: The Ibanez Time Bomb?

Working Paper
Elizabeth Renuart





07/13/2012
by Charise Brunelle
This video, "Foreclosure Law - Fight for America" gives an excellent overview of what's happening today in the foreclosure crisis that now affects our family.

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07/13/2012
by Charise Brunelle

CBO Whistleblower Dr. Lan Pham Interview by Capital Account TV

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07/13/2012
by Charise Brunelle

Attorney Weidner’s Rant on Court Corruption, Bank Break-Ins, Forgery, and Dangerous Precedents

Fraudclosure, Bank Break Ins And The Fatally Desecrated State of Our Nation’s Failed Court System

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07/12/2012
by Charise Brunelle
It's official, we've been evicted.  Lockout in 10-15 days.




07/07/2012
by Charise Brunelle
Been incredibly busy lately getting ready for the eviction trial on Wednesday, July 11, 2012.  For the last 3 weeks or so I've been battling a cold/flu severe sore throat.  Now I find out that my acid reflux has come back with a vengeance.  Evidently my body is rebelling from being under constant stress for over a year now.




07/04/2012
by Charise Brunelle
This video is must see viewing.  It explains what the whole "foreclosure crisis" is all about.  It also focus on issues that are particular to California homeowners.


<iframe src="http://player.vimeo.com/video/40761826" width="500" height="281" frameborder="0" webkitallowfullscreen="" mozallowfullscreen="" allowfullscreen=""></iframe>

Fighting Foreclosure in Pro Per with Marilyn Veincentotzs from JusticeActionMedia.org on Vimeo.






07/04/2012
by Charise Brunelle

Mortgage Modification Nightmare
POSTED BY ALEX FERRERASON MAY 30, 2012IN REAL ESTATE

(Source: Tim GrantPittsburgh Post-Gazette(MCT)— When Mary E. Glover fell on hard times and could not pay her mortgage for four months, she found herself in a mortgage modification nightmare, being shuffled around by financialinstitutions and not knowing from one day to the next if they would take her home.

“So many times they told me one thing, then something else happened,” said the 55-year-old Clairton woman. “Everything kept changing. It has really been an emotional toll on me. I got to a point where I couldn’t really trust what the mortgage company was telling me.”

Determined to save the home she had purchased from a cousin for $10,000, she was able to win two separate mortgage modifications from two different companies that either owned or serviced her mortgage.

But in the process she said she believes the mortgage companies also had overcharged her thousands of dollars in fees.

Story continued at the link below:

www.loansafe.org/mortgage-modification-nightmare







07/04/2012
by Charise Brunelle
Touching story from the Foreclosure Nation website.  Click on the link below to see video.

Excerpt from website:

Courage Campaign – Wells Fargo Has Blood on Their Hands..Linda Parks Has NO Courage!

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By On <time class="date time published updated sc" datetime="2012-05-24T13:37:13.000000-07:00">May 24, 2012</time>· Add Comment· In Bank LobbyistsGovernment Agencies Involved in FraudPersonal StoriesRepublicansTake ActionVentura CountyWells Fargowells fargo financial
</section></section></section>

from Courage Campaign:

Responsible, middle-class families have been devastated by the unethical and abusive practices of the Big Banks throughout the mortgage crisis. Countless tragedies lie in the wake of their greed and recklessness, but I’ve just learned the story of Norman and Oriane Rousseau of Newbury Park, CA. It’s been covered by ABC News¹, and it’s the saddest, most upsetting story we’ve yet come across. Only the words of Oriane can do it justice. Please watch the video below.

http://foreclosurenation.org/wells-fargo/courage-campaign-wells-fargo-has-blood-on-their-hands-linda-parks-has-no-courage/






07/04/2012
by Charise Brunelle
Credit Default Swaps

Definition: Credit default swaps (CDS) are contracts that insure against default of municipal bonds, corporate debt and mortgage-backed securities. They are sold by banks, insurance companies and hedge fundswho collect a premium for providing the insurance.

Unlike home and auto insurance, however, CDS were unregulated. This means that, when the bond defaulted, there was no regulator to make sure the seller of the CDS actually had the money to pay the holder. In fact, most financial institutions that sold CDS only held a small percentage of what they needed to pay the insurance. In other words, they were undercapitalized.


Article continued at link:

http://useconomy.about.com/od/glossary/g/default_swap.htm








07/04/2012
by Charise Brunelle

From Wikipedia, the free encyclopedia

Predatory mortgage servicing(predatory servicing) is a pejorativeterm used to describe abusive, unfair, deceptive, or fraudulent mortgage servicingpractices of some mortgage servicersduring the mortgage servicing process. There is no legal definition in the United States for predatory mortgage servicing. However, the term is widely used[1]and accepted by state and federal regulatory agencies[2]such as the Federal Deposit Insurance CorporationOffice of Thrift SupervisionOffice of the Comptroller of the CurrencyFederal Trade Commissionand Government Sponsored Enterprises (GSEs) such as Fannie Maeand Freddie Mac.[3]
While there are no specific laws against predatory mortgage servicing abuses,[4]there are local, state, and federal laws against many of the specific practices commonly identified as predatory mortgage servicing abuses, and various state and federal agencies use the term as a catch-all term for many specific illegal activities in the mortgage servicing industry. Predatory mortgage servicing is not to be confused with predatory lendingwhich is used to describe the unfair, deceptive, or fraudulent practices of mortgage brokers and lenders during the mortgage loan origination process.[5]
<font size="2">

article continued at link:

</font>en.wikipedia.org/wiki/Predatory_mortgage_servicing#cite_note-3<font size="2">

</font>






07/04/2012
by Charise Brunelle
(MERS) Mortgage Electronic Registration Systems is something that you may have heard a lot about lately.

The Foreclosure Nation website has interesting video footage from a WA Supreme Court case.
Here is an excerpt from the webpage and a link.

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MERS BLOOPERS: ORAL Argument in WA Supreme Court

</hgroup>
By On <time class="date time published updated sc" datetime="2012-03-16T23:41:24.000000-07:00">March 16, 2012</time> · Add Comment· In Breaking News
</section></section></section>

This is a must See Video of MERS Attny unable to answer “Who is the holder of the note in each of these two cases?”

foreclosurenation.org/breaking-news/mers-bloopers-oral-argument-in-wa-sc/




07/04/2012
by Charise Brunelle
In 2010 a documentary film called "Inside Job"came out.  It is mind blowing in what is revealed about both the global economic crisis and foreclosure crisis.

Here is an excerpt from the back cover of the DVD:

"From Academy Award nominated filmmaker Charles Ferguson (NO END IN SIGHT) comes INSIDE JOB, the first film to expose the shocking truth behind the economic crisis of 2008.  The global financial meltdown, at a cost of over $20 trillion, resulted in millions of people losing their homes and jobs.  Through extensive research and interviews with major financial insiders, politicians and journalists, INSIDE JOB traces the rise of a rogue industry and unveils the corrosive relationships which have corrupted politics, regulation and academia."

Here is a link to the film's website:
www.sonyclassics.com/insidejob/

What is scary is here it is 4 years later and citizens are STILL dealing with the fallout.  I stronglyurge all of you to watch this informative film.





07/04/2012
by Charise Brunelle
Definition of 'Robo-Signer'

An employee of a mortgage servicing company that signs foreclosure documentswithout reviewing them. Rather than actually reviewing the individual details of each case, robo-signers assume the paperwork to be correct and sign it automatically, like robots.

Read more: http://www.investopedia.com/terms/r/robo-signer.asp#ixzz1v76HXc6R





07/04/2012
by Charise Brunelle
Investopedia explains 'Robo-Signer'

In the third and fourth quarters of 2010, a robo-signing scandal emerged in the United Statesinvolving GMAC Mortgage and a number of major U.S banks. Banks had to halt thousands of foreclosures in numerous states when it became known that the paperwork was illegitimate because the signers had not actually reviewed it. While some robo-signers were middle managers, others were temporary workers with virtually no understanding of the work they were doing.


Read more: http://www.investopedia.com/terms/r/robo-signer.asp#ixzz1v76NWRGM






07/04/2012
by Charise Brunelle
Definition of 'Predatory Lending'

Unscrupulous actions carried out by a lender to entice, induce and/or assist a borrower in taking a mortgage that carries high fees, a highinterestrate, strips the borrower of equity, or places the borrower in a lower credit rated loan to the benefit of the lender. As with most things of a dishonest nature, new and different predatory lending schemes frequently arise.

Read more: http://www.investopedia.com/terms/p/predatory_lending.asp#ixzz1v74v3PWv
<img src="http://www.youcaring.com/images/spacer.gif" alt="" width="1" height="20" border="0" style="border: none; outline: none; ">





06/28/2012
by Charise Brunelle
Definition of 'Securitization'
The process through which an issuer creates a financial instrument by combining other financial assetsand then marketing different tiers of the repackaged instruments to investors. The process can encompass any type of financial asset and promotes liquidity in the marketplace.

Read more: http://www.investopedia.com/terms/s/securitization.asp#ixzz1v6zQ0WX7

Investopedia explains 'Securitization'
Mortgage-backed securities are a perfect example of securitization. By combining mortgages into one large pool, the issuer can divide the large pool into smaller pieces based on each individual mortgage's inherent risk of default and then sell those smaller pieces to investors. 

The process creates liquidity by enabling smaller investors to purchase 
sharesin a larger asset pool. Using the mortgage-backed security example, individual retail investors are able to purchase portions of a mortgage as a type of bond. Without the securitization of mortgages, retail investors may not be able to afford to buy into a large pool of mortgages. 

Read more: http://www.investopedia.com/terms/s/securitization.asp#ixzz1v6zZFJfD





08/31/2012
by Charise Brunelle

Here is a link to the lawsuit that we filed to stop the illegal sale of our home:

www.scribd.com/doc/104535933/RCB-Notice-Summ-Complaint-040212-FINAL







07/25/2012
by Charise Brunelle
This morning we were served with a "Notice to Vacate" by the Sheriff.  We have to be out of home by 6:00am on Wednesday, August 1, 2012.  If we are still in the property on that day, the sheriff will forceable remove us from the home that we still LEGALLY OWN.  And our possessions will be removed.

*sigh*





07/14/2012
by Charise Brunelle
Today, and the next several days, will consist of us trying to pack up the last 10 years of our lives.  We are playing "beat the clock" in trying to box up and remove everything from our home BEFORE the sheriff comes and locks us out of the home that we still LEGALLY OWN despite what another entity is claiming.  We have no where to go, no time to look for a new home, and limited funds because of the costs of the legal preceedings.

Doug and I are self-employed and work from home.  So the loss of our home also disrupts us from generating income from our various business endeavors.  We are involved in the entertainment industry (Doug is a musician), audio engineering, sound production & recording, and computer support.  If Doug doesn't have access to his instruments and related gear, he can't perform.  If we don't have our home studio set up, we can't do audio/sound work.  If we don't have our computer room we can't do computer support work, nor can I work on getting clients for our all of our businesses.

I feel bad for our two cats.  They see the boxes and us running around trying to pack.  They are confused and somewhat scared by the activity going on around them.  I'm really concerned about our eldest cat Cody.  He is diabetic, in failing health, and quite frail.  He has special dietary needs and he sleeps a lot.  Bouncing around here and there in a carrier won't be good for him.  I don't know if he can survive the stress of the situation.

The most frustrating part about the eviction lawsuit is that the Plaintiff didn't have a single witness to testify that they were the legal owner of the property.  And the single document that they presented to the court, Trustee's Deed Upon Sale, proved nothing since no one in court testified that they had actually witnessed the Trustee Sale, nor was the person who prepared the document in court to testify, nor was there anyone else in court to testify that the document was valid.

The Plaintiff FAILED to prove that they were the one and true owner, yet they can evict us from our home?  It was as if I walked into a courtroom, submitted a document claiming that I own my neighbor's house, then the court saying that I could evict them from it and to go ahead and do it.  All without a shred of legally valid proof.  *sigh*

Meanwhile our lawsuit, which addresses who actually DOES OWN OUR HOME, is still being argued in court.  In that case we are the Plaintiffs.  There is a hearing scheduled for August 8th to address motions put forth by the Defendants.  They are fighting to get the case thrown out and not go to trial.

I still don't understand how it is LEGAL to pursue an eviction lawsuit when another lawsuit is pending.

The battle rages on.......



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