I Fought Foreclosure and Won!
December 30, 2014
When the Bank of America foreclosed on Denny,
he demanded the bank prove it didn't just create the
mortgage money out of thin air.
They couldn't and eventually
agreed to take a loss.
Here he describes his scorched earth
campaign against the Bank of America.
The ultimate ignorance is the rejection of something you know nothing about and refuse to investigate. - Dr. Wayne Dyer
"Stop renting....BUY a house!" That's what everyone says. So we did. In 2007 I bought a $115,000 house and we thought life was good. Three years after buying the house, I suffered some financial setbacks and could no longer afford the payments.
I tried selling it but no one was interested. Then came the threatening letters from Bank of America. I, like most people in this situation simply freaked out, ignored the problem thinking sooner or later it will just go away.
But, it doesn't go away. And deep down, I knew it wouldn't. So I started contacting lawyers and getting bankruptcy consultations over the phone. If the bank was going to take my house and come after me for the deficiency, they weren't going to get one penny! I was now starting my slippery slide into the pit.
The Sheriff showed up one day with a thick packet of papers for me....my foreclosure notice! Nothing rattles you more than a Sheriff's deputy standing at your front door. That is when the real intimidation from the bank starts.
Which brings up another interesting question: In the case of serving foreclosure notices', who is the Sheriff actually working for? That's right...The BANK! That's when you realize how insidious the banks really are and that you are looking into the eyes of an actual monster and they control the system from the top down.
And that's when the seriousness of my situation came to rest on my chest like a large boulder. My girlfriend and I had moved out of the house shortly after and for around six months, nothing happened. We had moved into an apartment and basically ignored the problem at hand. I did however pay a lawyer $150.00 to file a "Delay of Sale" for me, thinking this would give me six more months from this point in time.
In the very back of my thick packet of foreclosure papers was a flyer to get help if you found yourself in this situation. But, you had to live in the house to get their assistance. I called the 800 number and they sent me a packet of papers to fill out. They were a financial counseling company and basically I filled out a stack income to debt forms, sent them back and waited. In the meantime, to qualify for the loan assistance we moved back into the house. After a few tweaks of the documents they had a complete file on me and they forwarded it on to Iowa Mediation Services.
I was assigned a wonderful mediator. They negotiated with Bank of America on my behalf to try to get me a loan modification. Except for supplying some documentation (that the bank has no business having) they would do all of the work. In the meantime, my research into the banking fraud escalated and continued down the rabbit hole!
About three weeks, my mediator called me and said the bank wants two months bank statements, the last two years tax returns and your last two months pay stubs. Ok I said and emailed him the documents. (Stupid me......NO ONE has any business seeing these documents...think about it....really?)
However, supplying them the documents in question was part of their game. And if I wanted a loan modification, I had to play along. Meanwhile, Bank of America's first Law Firm filed a motion for summary judgment against me. I ignored them. After about eight months of these repeated documentation requests from the bank, being assigned numerous customer service reps (CSR's) and the frustration my mediator was having getting anywhere with these parasites, I was quickly learning just how their game was played, and how to play back.
After about 20 months of this delaying tactic, they finally offered me a $130.00 a month less house payment. (Loan modification) Really? For my financial situation, it would have to have been around $300.00 a month less or more to make any difference and keep me in my house.
Were they on drugs???? I called them up the next day and said I DO NOT ACCEPT your loan modification offer. She became bewildered. I think she stopped breathing, "What do you mean Mr. L? After all of this work??" I told her the modification was so small as to be irrelevant. She stated (LIED) that because my loan was a Freddy Mac loan and they were the investor, that they had very strict rules on loan mods and that Bank of America's hands were tied. (Another lie.) And shortly after that I got a new CSR.!
I GO ON THE ATTACK
It was now time for me to start making demands of Bank of America. So, using "legalese" the only language corporations understand I drafted up a letter to Bank of America sent three times 72 hours apart. that stated the following:
"Demand for Documentation"
Dear Bank of America,
Bank of America cannot show they suffered a loss because they can't provide evidence they put up any consideration. HERE IS WHAT YOU WOULD HAVE TO PRODUCE IN ORDER TO ESTABLISH THAT A LOAN WAS MADE AND THAT I MAY HAVE A DEBT:
1. Produce documentation of prior title, ownership and rights to the money you purportedly loaned me.
2. Produce documentation of the history and origin of funds that you purportedly had prior title, ownership and rights to that you purportedly loaned me (banking requires 3 generations at least if not all the way back to issuance/creation of the alleged funds...this is why banks issue a letter of origin/history of funds)
3. Produce documentation of the actual transaction and transfer of said funds (prior title, ownership, and rights) from loaner to borrower (invoicing/receipts) there is a difference between a "loan" and "debt," conceptually, legally and factually.
Look up the definitions of loan and debt, difference between statement and invoice...only an invoice has to be paid...however you would first have to show that you made me a loan...if no loan, each invoice is fraud - mail fraud to be precise.
They ignored my three demands of documentation, and responded that I seemed to be questioning the validity of the "note." Well Duh? That is EXACTLY what I was doing. So what did they do? They sent their second Law Firm after me. After what I call a soft opening, their lawyers sent me a statement of account (with their fees included) and stated I had thirty days to rebut their presumptions. And I did! I sent them the same letter I sent.
Bank of America and the Law Firm wrote back stating that I seemed to be questioning the validity of the note. Duh again! I sent the same letter (above) a second time and they sent me a copy of my Promissory Note. Funny thing was, I already had one. They had NO intention of honoring my requests for documentation because they couldn't. They didn't have what I was asking for because it DOESN'T exist! There is NO loan!
After continually winning the battles but seeming to lose the fight I received a card in the mail from "A.H.S." It stated:
STOP FORECLOSURE, CALL US TODAY!
I almost threw it out but for some reason stuck it in a drawer and forgot about it for a few days. Let's talk about a short sale. The bank sells your house for less then it's allegedly worth and according to documents I received from Bank of America, "In SOME cases, does not come after you for the difference."
Some cases? So that would imply that in MOST cases, they DO come after you for the difference, it's called a deficiency! I already knew about this option along with a "Deed In Lieu" in which you (according to the bank) shake hands with them, and simply sign the house (that they have NO rights to) back over to them. Supposedly a simple agreement.
Lesson one: Don't EVER believe ANYTHING a bank tells you and lesson two: Don't EVER shake hands with a bankster!!!! A.H.S. worked with Bank of America for almost a year to buy the house in a "Short Sale." The more the bank delayed, the longer I lived there for free. Finally, after 12 months of the bank delaying and playing games, they accepted the short sale offer.
They claim that they took a loss of $50,000.00 in the form of missed mortgage payments and another alleged loss of $35,000.00 in the sale of the house. Not too bad for my first fight with the BIG BANK!
In reality, they lost nothing, and received three years of house payments plus interest on a loan they never made. That, folks is the banking reality you and I live in. The central banks own everything from your property, your children (via their birth certificate) and our corporate government. And until the day you all wake up, and demand to take your country back from the central bankers, that's the way it will be.
According to the Fed's own laws,
Banks are not permitted to loan you THEIR money, THEIR depositor's money or THEIR credit by law!
See "Generally Accepted Accounting Principles" (GAAP)
And they are not allowed to loan you their credit:
A national bank has no power to lend its credit to any person or corporation . . . Bowen v. Needles Nat. Bank, 94 F 925 36 CCA 553, certiorari denied in 20 S.Ct 1024, 176 US 682, 44 LED 637.
Countrywide Home Loans, Inc. v Taylor - Mayer, J., Supreme Court, Suffolk County / 9/07
"A bank may not lend its credit to another even though such a transaction turns out to have been of benefit to the bank, and in support of this a list of cases might be cited, which-would look like a catalog of ships." [Emphasis added] Norton Grocery Co. v. Peoples Nat. Bank, 144 SE 505. 151 Va 195.
So what did the bank loan you for your house? Nothing plus interest! Time to wake up!
>My entire book (free) can be read here<
See more at: http://www.henrymakow.com/#sthash.zNnQf3Ng.dpuf