In June of 2010 a company by the name of National Default Servicing LLC instituted a 2nd foreclosure action against me. I was able to stave off the first one, by filing a Chapter 13 BK., in January, and In order to stop the next foreclosure action in June of this year, I again filed a Chapter 13 Bankruptcy. I have been fighting them since that time. My BK action was dismissed as I had filed in Pro Se and simply put didn't know what I was doing in order to correct errors I had made. I affirm all of the facts pertaining to my situation as follows are the truth, according to my first hand knowledge of those facts and understanding of the laws of the State of California. Due to their foreclosure action with a sale date already established, once the BK was dismissed they again proceeded with a sale date. No notices by mail - no posting of the sale, just a phone call 2 days before the scheduled sale telling me they didn't have my phone number to inform me of the pending sale and had only just obtained it. Pure lies. They had my phone number as well as obviously my address. I only "just" managed to escape the sale by filing yet another Chapter 13 action, which is at the least difficult to achieve that protection due to my needing to file it in pro-se once again. I again, didn't file the necessary documents properly so am having to refile once again this week, to stave off their soft sale date of December 15, 2010. Bankruptcy law being what it is, it will be "iffy" that the court will allow me the protection I need.
After much research, I allege the following facts and acts are a violation of The Truth and Lending Act, Usury, as well as Fraud. There is no delinquency or default. The Original Lender WMC Mortgage has been paid in full. The Note for that Mortgage was sold no less than 6 times to the following companies. The Original Lender, WMC Mortgage does not have Title and standing to do business in the State of California, and did not at the time I refinanced my home in June of 2006. All of the parties mentioned in my report: "WMC Mortgage, Country Wide Mortgage, Litton Loan, GMAC Mortgage, Marix Servicing/Arch Bay Mortgage and National Default Servicing, who the Note was sold to, must prove they have the Original Note, Deed of Trust along with the Title papers attached. I have made request for the Original Note be provided me beginning in Jan. 2010 of Marix Servicing/Arch Bay Mortgage, National Default Servicing as well as Corporation Service Company dba - CSC - Lawyers Incorporating Service - Agent for Service of Process. They have ignored that request/demand.
The parties (Marix Servicing/Arch Bay Mortgage, National Default Servicing LLC who are instituting the foreclosure action against me are not the secured creditor. MERS was listed as the original Beneficiary on the Original Note with my home as collateral with WMC Mortgage listed as the lender. The alleged lender(s) has failed to state the name or address of the holder of any note against my home in due course, John Does 1 - 1000, being holders of certificates of asset backed securities which are backed by the security instrument (mortgage) of the subject residential property (my home). None of the above mentioned companies: WMC Mortgage, Country Wide Mortgage, Litton Loan, GMAC Mortgage, Marix Servicing/Arch Bay Mortgage or National Default Servicing own possess or control the note or mortgage, which has been satisfied in full.
Authority as Trustee which was transfered to National Default Servicing (Substitution of Trustee) in November of 2009 by a Westwood Associates a California Corporation, listed as the original Trustee and Mortgage Electronic Registration Systems Inc. (MERS) - Nominee for WMC Mortgage and noted as original Beneficiary under the Deed of Trust dated 6/26/2006, recorded July 03, 2006, was done so without benefit of legal chain of Title. The authority as Trustee as listed (Westwood Associates) along with MERS, - Nominee for WMC Mortgage has also been transfered to the Trustee of the pooled mortgages and/or notes on various properties, real and personal, that were included in an asset pool that was eventually securitized and sold to investors, who along with others in the chain of securitization acquired rights rights and obligations to the note, mortgage, and stream of revenue eventually due to the investor.
The loan closing was in fact a scheme to trick me into issuing a negotiable instrument that was pre-sold to investors as an unregulated security. The parties and their fees were not revealed nor was the true APR disclosed, as it was inflated considerably by the intentional overstatement of the appraisal on the property (my home)) by an Appraiser of WMC Mortgage's choice who deceitfully added 200 + sq. ft. to the appraisal that does not correctly reflect the true square footage of my home. My homes fair market value today is approximately $100,000 with whoever is claiming ownership of the note (? Marix/Arch Bay/National Default???) claiming I owe them $282,000. National Default listed the opening bid as $72,000 on their website. The title agent, which might well be the same as the Trustee, also has insurance for errors and omissions and the Title Company that issued the Policy will have total liability for this fraudulent transaction. These companies had to know, there was no way, I could achieve paying off a note over 40 yrs., when I was already 64 yrs of age at the initiation of the loan.
The totality of the transaction, violates numerous state and federal laws, including but not limited to, usury, Truth In Lending, deceptive business practices and administrative standards for the practice of professions. Your own RipOff report dated Sunday March 15, 2009 states as follows:
WMC MORTGAGE GEMB GE MONEY BANK4245 South Riverboat
Road, Salt Lake City, UT, 84123
Kettering Ohio 45420
Submitted: Sunday, March 15, 2009
Sunday, March 15, 2009Jennifer Lee
333 South Hope Street, 48th
Los Angeles, CA 90071
: the only fictitious filing for GE Money Bank in California was in 2007, for your now
defunct WMC Mortgage (which is by the way not the correct legal name for the
company). end of your report
Without proof of Marix Servicing/Arch Bay Mortgage, National Default Servicing, being the holder of due course, the continued efforts by them and their agents to foreclose and place my home on the open foreclosure sale market has contributed to a serious and ongoing threat to my well being and health. Again, it is my sincere hope should enough homeowners who have been placed in such a heart wrenching position as to not know whether they will have a roof over their head join in reporting these wrongs, someone will come to their aid to right these wrongs.