By Max Gardner
A Federal District Court, in a December 7 order, has denied a motion to
dismiss a homeowner’s lawsuit to set aside the nonjudicial Missouri
foreclosure sale based on a deed of trust, based on allegations that 1)
the homeowner was not in default and 2) the nonjudicial sale was baed on
an invalid transfer of the mortgage and note. This decision illustrates
the potentially broad ramifications that defective mortgage transfers
and wrongful foreclosures will have for any house titles derived from
foreclosure sales in nonjudicial foreclosure states.
More specifically, the homeowner alleges that she made all payments when
due, until instructed by the servicer to stop making payments in order
to qualify for a modification. She also submitted the mortgage transfer
documents that showed a significant break in the chain of ownership. In
a deed of trust state, instead of a mortgage the loan originator
typically files a deed of trust, which transfers a power of sale from
the homeowner to a trustee, usually a local lawyer, on behalf of the
trust deed beneficiary, who is the lender or investor. In order to
transfer the mortgage, there needs to be a transfer of the note and a
change in the beneficiary of the trust deed. This is routinely done by
filing a substitution of trustee with the local recorder of deeds. The
substitution of trustee names a new trustee with a power of sale, and a
new beneficial owner of the mortgage/deed of trust. In this case the
substitution of trustee form listed a grantor of the transfer, i.e. the
prior owner of the loan, that did not match the identified beneficial
owner of the original deed of trust. This break in the chain, according
to the court and basic logic, would render the subsequent trustee deed
invalid.
A second, independent basis for setting aside the foreclosure deed was
the alleged absence of a default. In a nonjudicial foreclosure, there
is no court judgment establishing that the homeonwer defaulted on the
loan. For that reason, a completed foreclosure sale can later be set
aside if there was in fact no default. The homeowner’s allegation in
this case was that she was current in payments until the servicer
instructed her to stop paying so that it could modify her loan. This
type of servicer-induced payment interruption can be characterized as
either nondefault based on a modification of the contract, a waiver of
the payment obligation by the servicer as agent for the mortgagee, or
perhaps a repudiation by the servicer. In any case, this scenario is
sufficiently common to raise serious questions about large numbers of
property titles in nonjudicial foreclosure states.
Works Rights Compliance Alliance 
Michael grimes had me arrested in 2004 for all the banks and assets I took from him , why is the fraud , and scandals still going , ctx mortgage ,america mortgage ,southern investment llc , homeside lending ,segal properties llc , all the banks world bank , household fin , u name , its it should have been stop 2004 . Its not my fault , if it was still going . I was in jail 4 days for purgury ! And some more other charges , for defrauding mr grimes , but they didn’t do nothing about none of the fraud I’m free , I don’t have no more of his asset tho , who has it now .this guy own a huge amount of realistate over 5,000 building . Fulton county da office ,and fulton county probate court .ruleing on me dismissed .
Citi group , and the pacific insurance ,co bbt bank united calif bank , western alliance bank ,alliance bank , alliance bancorp , overheard at alliance bancorp ,comments by bankofamerica.com- back typed too . The fraud is huge . The ? Is who is going to stop it . Nation star mortgage . State bank , united security financial , silver state bank , lasalle bank. .mers , bank of newyork , all been fraudulent . Power of attorney fraud . All of the tranferrs sinse 2002 has been fraud from the banks mortgage divisions lending divisions .
Could you please let me know where can I find this case and the case number? I have a similar situation like this lady. Thanks.
On the behalf of bank of america wellsfargo chase bank -and some plus more- Atl ga police state of ga gbi , I ask them to come into this case . The executors are bad news . Well the executive . They up to something who leave the owner for dead , that a felony . Miss treating people . Their are not the owner they work for the owner .
Take that case to the irs , they a help u , but gloria mayes case – number is #2004289583 -arrest . Case # 2004-205403 . Gloria jean mayes case number for all the fraud on bank of america chase bank wellsfargo citizen bank ,
I had the same case , the lady didn’t no nothing about me , my, I’d card, number, my birthday ,or my ss number , they had nothing , they put fraudulent mailing address , everything fake , the running bank of america on fake I’d . Fake notorey too . I’m a file the suit and sue the jeans off these guys . And they going to jail for a long time . Those fraudulent power of attorneys what a get u tho , they need stop that crap , I’d ckecks need to be made more , hard to , they need credic ckeck ss number before u get a I’d to make sure its all real I’d and the rite person .
United financial group llc ,united financial corp ,merger american financial group ,american financial corp , united guarenty mortgage insurance co , united international bank mortgage , walker jackson mortgage insurance co , this is a huge of amount of the fraud too . Scam flim flam . I’m a fix this fraud so good to you a, say, this,- guy is a 1970 black, with, the, white strikes, chevelle- ss- ls6- super sport ,new , and the new 2012 2013 range rover truck brand new . William k black and michael moore , warren buffy , u don’t have to switch bank to get a stock return , I have selling power like , the stars of the hold outer space . People will run from trying to make the wellsfargo cereal , push out into the stores world wide by the chase manhatten bank , the all new ckeck it out , bmx car co , the kia car co , merger with the all new jupiter car company 2013 year founded .the new jupiter car company a start out with the jupiter 700 A-1 turboo coupe , that a run u over 600,000 . And then the new Suv a start at over 100,000 , I had a word with the new , bill gates , in devices comeing n, he’s a child now , j michael banas .aka casdra banas , this kid bringing the new air plane that a fly , not only in earth , folks , I’m investing into him to go into outer space , outer space air jet . That a not just fly, to the moon and back , u a ride to saturn and and go inside of it , that jet a run u about 50,000,000 and up , their so many thing thing I got to bring to wall street , and I’m open for buying idea from anybody ,
My lawyer tittle insurance co is fraud too michael j williams , first american tittle insurance and first american financial corp and american financial group . United group , ual , I need the company lawyer to get in touch , ckeck the fulton county probate court for the estate .and owner , atl ga .I run into my friend he said he need. A break on his mortgage and I said I heard , that any debt , 10 years old that is 159,000, and under is gone to be wipe out clean . On any loan . But the banks got to start taking 1% out any ckeck that hit the banks to make up for the give away . That what I heard .
malikgrimes51@yahoo.com
Anthony james grimes jr , is my sole executors of bank of america , and he’s trying to kill me . He was born in the mlk jr house , in atl ga , and he is hanging with yalonda martin a king daugter , she in on the fraud with him she a laywer bankruty attorney .for atl ga , he took my dad last will and testment and hideing its , which don’t matter because my name is on bank of america as soleproityship owner , michael grimes , a p giannini grand son . And james hellmen son . This is fraud and murder , my brother useing black majic on me as well he told me he hate me with all his hert and soul , and he told me to never take out a warrent on his parter gloria jean mayes who I had arrested . Their u have it the naked truth .
Gloria jean mayes , had sold 40 houses the day before I had her arrested. She has been selling stolen property sense 2001 on up to 2011 , which would give her over 250 counts of fraud , for every year sense 2001 and up . I’m press full charges agianst the fraud . Because they have left me and all my client that banks with me for dead , gloria case number is -# 20042895883 – 2004 205403 , what so funny about this was the lady said I have all of my stuff , the 12 rows of documents and all the keys to the banks and realistate , and the state told her not to give it too me . Man I never seen nothing like this evil to the most of it . My brother is the sole executor , he new that I didn’t sign nothing with this lady , he let the fraud happen too .
Mbna corp – united financial mortgage corp – alliance bancorp – charter one bank , citizen financial group , lasalle bank , royal bank of scotland fraud is up .
How mark – will they prove they own ya note , when all they ever had was a , power of attorney note , made by , by thei own hAnds in their back yards , they made the trustee up and the power of sell and the contract to run the banks off temp service , so , u and I couldn’t never see the day of owner our own home , that is a bad man how ever taking this fraud at hand , he’s not scard of a police , I can tell u that and not a judge scares him nether , in fact he a probly tell u to go get the law . Isent that a shame when a theft tell you to go get rhe police its almost like he’s saying man the police is helping me steel too .