Pinoy Homeowner Wins Against Lender in a Wrongful Foreclosure Lawsuit

Pinoy Homeowner Wins Against Lender in a Wrongful Foreclosure Lawsuit.

Don't mess with this cancer stricken, retired Filipino grandmother cuz she'll hire a lawyer and whoop the banksters arses. The reporter failed to mention that this was ANOTHER case of PARALLEL FORECLOSURE.

If you are planning on creating or broadcasting a commercial and want an objective, outsiders point of view about your commercial, contact Alessandro Machi about his consulting services at...

info at alexlogic.com

You can also view more

commercial critiques

by Alessandro Machi at

Super Bowl Consulting

Written Testimony of Chief of Homeownership Preservation Office Phyllis Caldwell Before the Congressional Oversight Panel | RealEstateRama

(Edit Update - Nov. 27, 2010 11:11PM)

You can find congressional video and transcription links to all three congressional hearings on home foreclosures and mortgage service investigations by clicking here.

-------------------------------------------------------------------------

Written Testimony of Chief of Homeownership Preservation Office Phyllis Caldwell Before the Congressional Oversight Panel | RealEstateRama

I feel there are lies being told within the testimony of Phyllis Caldwell that may rise to the level of perjury. Parallel Foreclosure happens, yet Phyllis Caldwell portended that parallel foreclosure does not happen, and never even mentioned parallel foreclosure even though Chase Bank has ADMITTED they implement Parallel Foreclosure before a homeowner can apply for HAMP.

I also feel that the statement below, also by Phyllis Caldwell is a clever way to avoid lying. Caldwell simply repeats what the MHA guidelines are without admitting or denying if they are being followed. While this may not be a direct lie, it is grossly misleading, and in my opinion could be viewed as a lie. Phyllis Caldwell needed to mention that these guidelines ARE NOT being met by the banks, and by not doing so, has lied under oath.

Under MHA guidelines, participating servicers must evaluate all eligible homeowners for a HAMP modification before referring them to foreclosure. For those homeowners that were already in foreclosure proceedings, Treasury guidelines require servicers to stop the foreclosure proceedings while the homeowners are being evaluated for HAMP. Should a homeowner not qualify for HAMP (or if the homeowner fails or cancels the modification), participating servicers are required to evaluate that homeowner for alternative loss mitigation modifications, such as HAFA, or one of the servicer’s own modification programs. If a homeowner proves ineligible for an alternative modification, servicers are required to evaluate that homeowner for a short sale or deed-in-lieu of foreclosure.

If all of these efforts are unsuccessful, participating servicers may not proceed to foreclosure unless they have issued a written certification to their foreclosure attorney or trustee stating that “all available loss mitigation alternatives have been exhausted and a non-foreclosure option could not be reached.” Only after these steps are taken and the certification delivered, may the foreclosure process proceed.

Seriously, does anybody believe all of those steps mentioned above were followed, and in that order? The mere act of parallel foreclosure happening BEFORE a homeowner can apply for HAMP renders the above statement as being nothing more than words with no weight or bearing of reality, a lie in my opinion.

Please Download the Chase Bank Protest Flyer for FREE, and then all that needs to be done is just give a few copies out, it is really that simple.

Barack Obama and his apparent violation of the Federal Hobbs Act, the Extortion Clause, here is the official document from the department of Justice.

CLICK HERE TO GO TO DEPARTMENT OF JUSTICE FEDERAL HOBBS ACT.

It's really amazing to see how HAMP, Parallel Foreclosure, and 2403 Hobbs Act-Extortion By Force, Violence, or Fear, APPLIES to the Barack Obama administration's tacit luring of homeowners into the HAMP program, resulting in the loss of their homes!

Parallel Foreclosure Stories are pouring in from around the country, yet reporter after reporter is unaware of the term parallel foreclosure! Parallel Foreclosure is the key.

If the Barack Obama administration, (and maybe the George Bush administration prior), requires that americans MUST ALLOW PARALLEL FORECLOSURE TO OCCUR BEFORE THEY CAN EVEN APPLY FOR HAMP, then Barack Obama is using taxpayer funds to EXTORT HOMES from people under the color of right.

If the Banks are doing it without the administrations permission, then why does Barack Obama keep taking credit for HAMP, even as late as Oct. 27, 2010?

I realize now I will probably have to post this message hundreds of times before it slowly creeps into the american psyche via the media. And I believe I am not "spamming" a false message. I truly believe that Barack Obama is doing something so unethical that the Federal Hobbs Act identifies his behavior as being a violation.

If you were Barack Obama, would you continue to believe that the loss of a million homes to parallel foreclosure, initiated when a homeowner wanted to apply for HAMP, was an ethical act? If you were Barack Obama, would you be fearful that at some point there could be a groundswell of support for impeachment as the home foreclosure numbers of HAMP lured victims continues to grow into the millions?

What option is Barack Obama left with other than to pretend he hasn't violated the Federal Hobbs Act? Does Barack Obama have an option to bring up the issue of the Federal Hobbs Act violation first, before the media does, and somehow beg for forgiveness by explaining that George Bush Jr. did it too?

If rule of law actually works in the United States, at the very least, Barack Obama MUST address Parallel Foreclosure, HAMP, and the Federal Hobbs Act - the extortion clause. And if not, then at some point, reporters MUST bring it up to his administration, no?

My Email Response to Housing Wire dot com's Paul Jackson "A little bit of Sanity, Please" article.

My email response to Housing Wire's Paul Jackson "A Little bit of Sanity, Please" article.

Dear Mr. Jackson,

your article, "A little bit of Sanity, Please" Ignores the 17 income streams created by home foreclosures, nor does it address the violation of the Federal Hobbs Act regarding using taxpayer money to deceive americans into the loss of their homes, which HAMP clearly does.

I am "just a blogger", but I have read several hundred articles about the home foreclosure mess and have done enough research to discover that "parallel foreclosure" kicks in prior to a homeowner becoming eligible to APPLY for HAMP, this is a violation of the Federal Hobbs Act and should be an impeachable action as Barack Obama has had 18 months to correct this banking practice. HAMP is nothing more than a LURE to home ownership loss and this has now adversely affected over a million homeowners.

Rather than Barack Obama correcting the Federal Hobbs Act violation and asking for mercy, our president is EXPANDING the abuse of the Federal Hobbs Act by offering unemployed citizens the same joke of a deal that he has already offered employed homeowners struggling to keep their homes, replete with the "get 3 to 4 months behind in your payments before we will let you apply for our taxpayer funded programs, deal".

You have chosen to focus on a few aspects of homeowner complaints while ignoring the million or more homeowners who have been messed with in a very life changing way. But hey, if a million homeowners defrauded only represents 20% of the pie, I guess you consider that acceptable???

http://www.swarmthebanks.com

http://www.parallelforeclosure.com

http://swarmthebanks.blogspot.com/2010/11/exploring-how-barack-obama-has-violated.html

Barack Obama really steps into it big time with his Foreclosure comments.

CLICK HERE TO SEE ORIGINAL ARTICLE.

Read the comments section of this Huffington Post article called, Obama: More Aggressive Anti-Foreclosure Efforts would help People Who Don't Deserve it.

The comments are pretty much universally against Barack Obama, and many of the thousands of hostile comments are from his progressive base.

Foreclosure loan modifications: Miramar man gets home back after nearly losing it to (Parallel) foreclosure - South Florida Sun-Sentinel.com

Foreclosure loan modifications: Miramar man gets home back after nearly losing it to (parallel) foreclosure - South Florida Sun-Sentinel.com

I created parallel foreclosure dot com about a year ago specifically to highlight the injustice of what the banks (and as it turns out, with our own governments blessing) were doing to people who were applying for HAMP.

Unfortunately, the South Florida Sun-Sentinel did not use the phrase "parallel foreclosure" in their article even though that is what the fight to save the homeowners home was over so I have "inserted" the word "parallel" in parenthesis and in front of foreclosure. I find it frustrating that parallel foreclosure dot com has been around for around a year now and so few journalists actually even know about parallel foreclosure.

The Sun-Sentinel wrote...""We are so thankful," said Shamji, whose case was the focus of a Sun Sentinel article on Sunday about homeowners who thought they had saved their homes by modifying their mortgages only to lose them because the foreclosure process never stopped. (end quote from article)

This is called PARALLEL FORECLOSURE and it is UNETHICAL because the homeowner IS FORCED TO GET BEHIND ON THEIR MORTGAGE PAYMENTS just to be eligible to APPLY for HAMP, at which point Parallel Foreclosure KICKS IN!

And if you read the article please take note that it was Bank of America that could not stop a foreclosure division within its own company from going through with the foreclosure even though they knew the foreclosure was to be stopped!

Foreclosure Mom's first rap song, Foreclosure Tears, a powerful indictment of HAMP, see the video and read the lyrics below.

Below you will find the entire lyrics to the song "Foreclosure Fears", courtesy of Foreclosure Mom, who is the writer, publisher and peformer of the song, "Foreclosure Tears".

However, I first would like to focus on one particular section from the song lyrics as it relates to the fraudulent aspects of HAMP...here is an excerpt from Foreclosure mom's song, "Foreclosure Tears"

"You're not in default, your payments on time

In order to help you must fall 4 months behind."

Americans are taught in our Institutions to trust

So I listened to my bank and did what I must

With credit now ruined I called to apply

I was put on hold until I wanted to cry.....

-end of lyric quote

Although foreclosure mom has a sneaking suspicion that being required to fall behind on her mortgage payments before she can be eligible for HAMP seems ethically challenged and risky, (because parallel foreclosure kicks in), she along with 99.5 percent of all homeowners don't know what the danger is (parallel foreclosure) that awaits them.

Here are the lyrics to MOM RAPS "FORECLOSURE TEARS"

Here I sit all alone, and stare at the clock

Waiting for the moment when the sheriff will knock

Like so many others who manifested their dream

Convinced by the professionals in the great Wall Street scheme.

For the banks and the brokers, I had papers in hand

Tax returns, pay stubs, and maps of the land

Never had a loan and with the bank I debated

"Don't worry they said, that's why we go stated"

I gave unto them my bank statements piled tall

Oh no said the bank, we need nothing at all!

I thought to myself, how this could be

I was unaware of the paper feeding frenzy

Like so many Americans now living in shame

I was unaware of the securitization game.

All about finance I learned back in school

But nothing was taught about mortgage pools

The economy bad and about to go bust

I realized my loan was due to adjust

The bank reassured me, when my home I did buy

We will refinance you out of this loan, but that was a lie

I remember those words with angst and a frown

My home is underwater, completely upside down

I called up the bank to get justification

And ask them in fairness for a modification

"You're not in default, your payments on time

In order to help you must fall 4 months behind."

Americans are taught in our Institutions to trust

So I listened to my bank and did what I must

With credit now ruined I called to apply

I was put on hold until I wanted to cry.

After waiting forever and throwing a fit

I was given a list of documents to submit

I gathered up everything and faxed them my stack

After months of calling them, I finally heard back.

The response from the bank could not shock me more

A Notice of Default was nailed on my door.

Your foreclosure moves forward regardless they said

And your modification package has yet to be read

The day finally came when I was assigned agent Clarence

And soon the bank put me on a plan called forbearance.

For three months I paid more than I had paid before

But the uneasy feelings I couldn't ignore

Three months had passed with my payments on time

But what the bank did next should be a crime.

The bank needed financials and I asked them why

They answered because you may no longer qualify

What they said next went right to my core

In order to qualify I must pay $10,000 more

I sold many things big, medium, and small

The $10,000 booty, the bank got it all

I did all that was asked so our home we would save

I prayed every night and tried to be brave

I never imagined that at the end we would fail

But I knew it had happened when we received a Notice of Sale

The bank gave me a loan they said was a must

And they promised to change it before it adjusts

No court room, no judges, no madams or sirs

The money I owe is to a machine named MERS

My loan was bought many times, I know not the source

I will never find out who is "holder in due course"

So I loaded the cat, dog, and kids in the car

Took the last cash from our small cookie jar

I felt so alone, frightened, sad and so blue

If I could afford council, I would certainly sue

But alas, the bank won, their back gets a pat

No attorney for me they were counting on that.

Now read all about it and really get pissed

BOA pays 600 million dollars to investors on their list

Investors get their cash out of the toxic mortgage pool

While I lose my home and my son can't go to school.

Investors are not deemed to know the reps and warranties

Not required to notice the dotted i's and crossed t's

Borrowers they call us, folks like you and me

Servicer's say we're responsible, we signed the 1003.

Investors got paid and no one disputed

Homeowners speak up, we get prosecuted.

-------------------------

Congratulations to Foreclosure Mom for a supreme first effort rap video about something that matters.

Modifying mortgage terms not so simple, Reports the Los Angeles Daily News back on Dec. 7, 2009.

CLICK HERE TO ENLARGE HEADLINE.

It is important to remember that as far back as early 2009, homeowners were discovering that HAMP, DID NOT WORK. The above article, written by Susan Abram, was on the front page of the Los Angeles Daily News on Monday, December 7, 2009 and involved research and a recap as to just how ineffectual HAMP had been since earlier in that year.

Because the term Parallel Foreclosure was almost completely unknown back then, it is important to realize that the disconnect between homeowners getting into HAMP before their homes were foreclosed on was almost impossible because the banksters were practicing PARALLEL FORECLOSURE! As the sub headline states, "Process is too slow to save homeowners from losing their houses."

It is fascinating to go back in time and find these articles and realize that the key word, Parallel Foreclosure, was not used even though what the article describes is parallel foreclosure in action. When Did Barack Obama know about Parallel Foreclosure and why, over 10 months after the above article ran, has parallel foreclosure been allowed to go on?

Parallel Foreclosure basically ensured that MOST of the HAMP applicants would not get their mortgage modified, but would face a HIGHER CHANCE OF LOSING THEIR HOME even as the government, and Barack Obama, teased them with HAMP.

"Inside Job" Opens in Theaters Across the Nation Today!

"Inside Job" Opens in Theaters Across the Nation Today, learn more by clicking here!

Or, you can go directly to locations and play times for Inside Job by clicking here.

Barack Obama has now backed two home foreclosure government programs that allow the banks to implement Parallel Foreclosure tactics!

Barack Obama must find himself in a tough situation. Obama has hired Wall Street Cronies to be in his white house inner circle, and I presume in return he has allowed these cronies to influence his thinking on matters that have placed the american homeowner in accelerated foreclosure jeopardy.

It appears the president believes that homeowners deserve a chance to keep their home through government backed programs such as HAMP (Home Affordable Mortgage Program), and a follow up funding program for unemployed homeowners called EHRF (it has also been called EHLP) What is proving to be unbelievably mafioso is that parallel foreclosure is being invoked by the banks whenever a homeowner attempts to access either of these two Barack Obama backed government programs.

Parallel Foreclosure involves the banks beginning the paperwork to foreclose on a homeowners home when a homeowner either falls behind on their payments, or when they apply for HAMP or the follow up program for unemployed homeowners. Once the parallel foreclosure process is started, it is not always easily stopped, as we have come to find out after reading about homeowners who seem to be dealing with two disjointed divisions within the same bank. Some homeowners have been left homeless by parallel foreclose actions.

Could you imagine having to bring collateral with you anytime you went into a retail store or to the doctors? You are being told you are eligible for a discount, but to get the discount, you must leave collateral. Now imagine that instead of directly asking you for collateral before you can get your customer discount, the other party simply snuck into your home and took a few items without you even knowing.

Now imagine that even though you have had items taken without your knowledge, the other entity is actually publicly pronouncing how they PLAN on helping you even as they have already taken items from your home without you knowing it.

That is pretty much how HAMP appears to be playing out. To get an allegedly better chance at being accepted into the HAMP program, the homeowner is supposed to be behind on their mortgage payments or they may have to wait an interminable amount of time before being vetted for the program. Yet, if the homeowner voluntarily gets behind on their payments, the parallel foreclosure process begins!

The unemployment version of the homeowners foreclosure prevention program comes right out and says, "YOU MUST BE THREE MONTHS BEHIND ON YOUR MORTGAGE" to become eligible for a 50,000 dollar interest free loan!

Barack Obama and his merry band of Wall Street cronies have created a home foreclosure prevention program that allows the banks to initiate parallel foreclosure on every home owner who applies for either HAMP or the unemployment version of HAMP, and I find this so outrageous that I just don't see how this type of deceit can go on without the threat of impeachment being discussed at some point.

BREAKING NEWS! Matt Weidner sets up Foreclosure Fight Club Forum!

CLICK HERE TO GO TO THE FORECLOSURE FIGHT CLUB FORUM

Matt Weidner, known for his foreclosure knowledge in the legal field, has just set up a forum for those fighting home foreclosures. The forum is somewhat focused on Floridians fighting home foreclosure, however, there are several different sections to the forum in which questions can be asked even if one is from a different state.

Hopefully the Fight Club Forum will welcome those who mention other blogs and websites about home foreclosures since we are all in this together. You will need to register before posting but that is a relatively easy thing to do, and it is free.

Breaking News, Chase Bank Approves Home Loan Modification for a higher amount than homeowner was already paying, and stands by their work!

Parallel Foreclosure dot com is breaking this story FIRST before anyone else. The homeowner has asked for a modicum of privacy so their last name is not being used. Please link back to this story if you chose to use it in an article. Thanks!

When Barbara from the Bay Area applied for the Home Loan Modification program through Chase Bank, she hoped the reduction in home mortgage payment would be a difference maker in making ends meet.

Although Barbara had recently lost her job, she then found another one, but for less pay.

Among various groups of homeowners who should be handled with respect when it comes to home loan modifications, those who lose their job, but then take another one in their same field of expertise, even if it is for less money, should be included. What her employer could not provide in equivalent income was balanced by giving Barbara access to one of their in house attorneys for the modest sum of $2,500 to help guide Barbara through the home loan modification process.

Seven months later and Barbara's attorney quit, saying it was obvious that CHASE BANK was simply using stalling tactics when it came to approving a new home loan modification for Barbara. Strangely enough, it was not until Barbara FINALLY decided to not make a home mortgage payment this past August that her home loan modification was approved.

The good news....Barbara was approved for a Home Loan Modification.

The bad news is the Home Loan Modification is for a higher mortgage amount than what Barbara was previously paying before she applied for a Home Loan Modification! Barbara's Mortgage payment increased by six dollars and 25 cents!

How did Chase Bank work their magic and actually INCREASE Barbara's Home Loan Mod to a higher amount than it was before she applied for this money saving government program? Chase Bank selected the one month out of the year in which Barbara received her largest monthly income because of bonuses and commisions and multiplied that one month by 12.

Chase Bank Shenanigans may force this homeowner to sell a home she has lived in for the past 5 years. Even with the recent announcement that Chase Bank is suspending foreclosures for the time being, should Barbara believe Chase Bank, or should Barbara consider a short sale before Chase Bank smothers her, a home owner who deserves better.

I still can't comprehend how a media icon like Oprah Winfrey refuses to step in and save her own viewers from the vice grip of bankster groups like Chase Bank, especially since Oprah's Magazine has created contests in the past that offer financial consulting "prizes" from none other than "Chase Bank". Yes, Oprah and Jamie Dimon are from Chicago, for that matter, so is Barack Obama, and yet, the tease of home loan mods that never come to fruition, are coming to fruition.

As Oprah Winfrey does her final, "television victory tour" this year, ask yourself how many millions of people she actually could have saved from the clutches of unfair banking practices by actually using her television show to help her own viewers; and then instead watch her promote her celebrity friends on Oprah's victory tour and the many ways YOU CAN IMPROVE YOU.

Before you vote either republican or democrat this fall, ask yourself just how many politicians from either party have actually come down hard against companies like Chase Bank and their home foreclosure shenanigans, and then maybe you should consider voting for the independent candidate on the ballot.

Washington Post Reveals Ally Financial Robo Signed thousands of foreclosure papers every month, Chase Bank may have their own foreclosure skeletons.

CLICK HERE TO READ ENTIRE WASHINGTON POST ARTICLE.

Kudos to the Washington Post for doing what my blog can't do, pay people to investigate the inner workings of fraudulent foreclosure practices by the banks. All I can do is put a flag up with my blog to warn people, as I have done for close to a year now on this blog, and hopefully spur other people on to do even more research.

Of course, I'll never know if the Washington Post has ever looked any of my half dozen blogs first, but I will give them credit for breaking this particular story about Ally Financial and Jeffrey Stephan, who apparently robo signed as many as 10,000 foreclosure documents A MONTH.

CLICK HERE TO READ BLOOMBERG ARTICLE.

Whenever a financial scandal of epic proportions is exposed, should we not assume that Chase Bank is involved as well? Sure looks like Chase Bank has their own foreclosure skeletons being exposed.

Is Paying off a homeowners legally approved deferred property taxes the number one foreclosure scam in the country?

Apparently, Chase Bank, and companies such as American Home Mortgage Servicing will sometimes pay a senior citizens legally deferred property tax bill, then demand the senior immediately pay them back in full!

Some states allow seniors to defer their property taxes until they either sell their home or pass away, then the deferred property tax is taken from the sale of the home. Along comes either Chase Bank, or American Home Mortgage Servicing, who take it upon themselves to pay off the deferred property tax all on their own, but then they send a demand letter for instant payment to the homeowner for the legally deferred money!

In essence, the bank is attempting to nullify the home owners legal right to postpone their property tax bill knowing that if the homeowner cannot come up with the money, they can attempt to then foreclose on the home. How many people out there have already lost their home because of this tactic?

Another tactic used that can lead to a foreclosure I have read about is initiating a secondary home insurance policy on top of an existing one, then raising the monthly payment an exorbitant amount to pay for the new insurance policy!

Between the "do nothing for the home owner" comptroller of the currency residing in Texas, and American Home Mortgage Servicing also residing in Texas, Texas sure seems like a mess to me.

I'm still waiting for more politicans to get in the middle of this issue.

Never missed a mortgage payment --but facing a foreclosure! - Denise Richardson

Never missed a mortgage payment --but facing a foreclosure! - Denise Richardson

American Home Mortgage Servicing pays up legally deferred property taxes then demands repayment from senior citizens.

Wow, Texas sure is a frontier state. No big government in Texas and law enforcement obeys thieves who file false paperwork. Click the top line of this article to learn about this disasterous situation in Texas regarding how American Home Mortgage Servicing forecloses on homeowners homes even when the homeowner provides the proper paperwork that negates AHMS's foreclosure claims.

Please Download the Chase Bank Protest Flyer for FREE, and then all that needs to be done is just give a few copies out, it is really that simple.