Banks toxic "mortgage" assets may not be ‘toxic’ for "homeowners"

Last Wednesday former Federal Reserve Chairman, Alan Greenspan, went to bat for the Federal government and its' role in the housing crisis that instigated the U.S. financial meltdown. According to the Los Angeles Times, Greenspan purportedly stated, "…regulators alone couldn't stop financial crises." He went on to recommend imposing more stringent regulations on banks by increasing the mandatory amount liquid assets and collateral they are supposed to have on hand.


I am still trying to understand the how Mr. Greenspan arrived at this solution. I say this because having seen for myself the loan origination documents for several of the 'toxic' mortgage assets at issue it is my assessment and belief what is needed to both resolve the current crisis and prevent another mortgage crisis in the future is: 

A. Mandatory principal reductions and loan modifications for homeowners in foreclosure who's loans are either completely fraudulent or are tainted by fraud and; 

B. More stringent oversight over those who arrange, originate, draft, process, and finalize mortgages. 


Unfortunately, the aforementioned would only occur in a world where true corporate responsibility and integrity is the norm; not the exception. 


With this in mind, here are a few ways homeowners who believe their mortgage may be fraudulent but have limited resources can fight back (these ideas also apply to homes in foreclosure): 

1. Send your mortgage servicer and the mortgage investor (fannie mae or Freddie mac) a 'Qualified Written Request' or QWR pursuant to the Real Estate Settlement Procedures Act 'RESPA' stating you believe your broker, the bank's appraiser, the title company etc. may have engaged in fraud with regards to the execution of your mortgage; fraud which you just discovered, as a result, you believe your mortgage may be tainted by fraud. Include a request to the bank for specific documents relating to the loan in dispute. You can find model QWR's online…use this as an outline DO NOT I repeat DO NOT copy and paste the sample QWR you find as a result of your Google search. The bank gets hundreds of copies of these letters everyday…your letter will end up in the 'cash for keys' pile if you send this letter (cash for keys is actually the bank's payment of a settlement after foreclosing on your home for their violations of RESPA due to their not responding to your QWR…banks just assume every homeowner facing foreclosure sent a QWR). Lastly, it's a good idea to state in the QWR that the fraud in the origination and execution is so substantial that it affects the validity of the alleged obligation therefore, it would be illegal to proceed with foreclosure of your home without providing the requested documentation to prove that no fraud exists in material terms of your mortgage.
   
   1. Banks are required to acknowledge receipt of your QWR within 20 days and respond within 60 days…
   2. During this time send a dispute letter to all 3 credit bureaus disputing your loan on the basis of fraud.
      
      1. NOTE: Violations of RESPA (if any are found in your loan or committed by the bank with regards to your QWR) have a strict statute of limitations of 1 year from the date you originated the mortgage loan at issue…therefore use the response time to go through your mortgage loan origination documents and look for fraud. 
2. Check your HUD settlement sheet to make sure the name of the mortgage broker and lender is the same as the one you were told your loan was going through.
   
   
   1. If there are names on your settlement sheet that you don't recognize this is a good indication that the broker who originated your loan and the company he or she said your loan was going through was not licensed. This is a RED FLAG your loan is FRAUDULENT!
      
3. Check your note as well as the mortgage payment address and servicer name to see if this is the same name and address of the servicer/mortgage company you receive your statements from and mail your payments to. If it is not, go to the Register of Deeds and request an official copy of your land records/deed. Once you have the land records/deed check to see if the bank you are sending your payments to and you are receiving statements from recorded themselves as an 'assignee' on the deed.
   
4. If the original lender or mortgage broker company where you got your mortgage from is still listed as the lender (ex. Quicken Loans, American Home Finance, 1 stop shop mortgage etc.) but you are sending your payments to Chase or PNC bank; then your next step is to file an 'Action to Quiet Title' in federal court. A Quiet Title Action means you are forcing the bank/mortgage servicer where you pay your loan each month to show they have a lawfully vested interest in your home….meaning they have a valid legal right to foreclose on your home…..which will be impossible for them to show if they are not listed as an assignee on the copy of the deed you received from the Register of Deeds in your county.
   
5. Do NOT FILE IN STATE COURT…..FILE IN FEDERAL COURT…..this is because your issue will either have 'diversity jurisdiction' or will be a 'federal question' which is when the amount of money in dispute is over $75,000 and the parties live (for corporations this is when there principle place of business, state of incorporation, or headquarters) in different states. Federal question jurisdiction occurs when you are basing your lawsuit on violation of a federal law i.e. TILA, RETSA, HUD, EEOA etc. Both of these means the proper 'venue' for your lawsuit is federal court. Your disputed mortgage will more meet one of the two criteria.
   
6. READ, STUDY, LEARN AND MEMORIZE THE FEDERAL RULES OF CIVIL PROCEDURE….I CANNOT STRESS THIS ENOUGH! KNOW THE RULES OF CIVIL PROCEDURE WILL DETERMINIE WHETHER YOU WIN YOUR CASE OR YOU LOSE AND THE BANK FORECLOSES!!!! AGAIN LEARN AND KNOW THE FEDERAL RULES OF CIVIL PROCEDURE AND HOW THEY ARE USED BY THE COURTS
   
7. LEARN THE RULES OF THE COURT WHERE YOU ARE FILING YOUR COMPLAINT AS WELL AS THE RULES OF THE FEDERAL JUDGE TRYING YOUR CASE. THE NAME OF THE JUDGE IS LISTED ON THE STICKER THE CLERK PUTS ON YOUR COMPLAINT WHEN IT IS FILED….often the court and judge's rules correspond with the Rules of Civil Procedure…however, they do have different filing requirements and procedural rules the compliment the Federal Rules of Civil Procedure (the rules of the court can usually be found on the court's website!)
   
8. Visit one of the local law libraries and ask whether they have public access computers with Westlaw. If they do, you can find copies of the federal 'complaint' forms you need along with the corresponding research in their database. If you cannot get to the law library then try Google Scholar…which will not show you the format of the complaint but will help you with the substantive content that it MUST contain.
   
9. Find the appropriate federal court for your area.
   
10. Draft the complaint
    
11. Sign up for PACER online (the federal court electronic database)
    
12. Take your complaint along with copies for each Defendant to the Court Clerk's office along with the $360 filing fee and file your complaint.
    
13. While you're there ask the clerk if you can apply to e-file, and fill the form out. This will allow you to electronically file documents with the court.
    
14. Click the Link at the top of the page titled, "ESSENTIAL RESEARCH  MATERIALS" there you will find just about every legal reference, mortgage law research and study aid you need including a guide to the 2009-2010 Federal Rules of Civil Procedure "FRCP". 
15. If you can only afford to purchase the FRCP rule book then I strongly urge you to go to your local law library or Google Scholar and STUDY STUDY STUDY….the more you know the better chance you have of winning your case. IF YOU DON'T KNOW AND CAN'T FIGURE IT OUT, ASK QUESTIONS, ASL QUESTIONS, ASK QUESTIONS!