Banks, Collectors, and CRAs Discuss the elimationa of secured and unsecured "debt", as well as tactics for dealing with debt collectors and credit reporting agencies.


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  #1  
Old 07-30-2004, 11:13 PM
Boxter
 
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I have been on a conference call and talked to some people personally, that have been using violations and mistakes against federal law committed by the bank that exist in mortgage contracts and closing procedures to eliminate mortgage contracts or at least reduce the amount owed significantly. It makes sense the way it’s explained. The narrator did not knock the other techniques, using the UCC, notorial protest, etc. He just says that this method is simpler because it just boils down to plain old law. And even a judge cant argue with a violation if its there. They point out the violations , and then give the mortgage company 30 days to refute it, then use them defaulting to enforce the violations in a law suit and that is when they get the mortgage company's attention. According to him, they have only gone to court once but they got a 30 day continuance, and settled out of court for the title to the house. It sounds a little far fetched, seeing as how I would think that a violation would only be worth a steep fine ot two , but apparently, there is something about the violations , that takes away from the "integrity" of the contract, and they use that to make it void.
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  #2  
Old 07-30-2004, 11:16 PM
HenryBowman
 
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OK, I'll bite. They are probably charging out the Wazoo for it, so let me ask:



How much are they bending people over for?



HB



It's sounds interesting, and I'd like to help people do that without charging an arm and a leg.



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  #3  
Old 07-30-2004, 11:40 PM
wirlwind wirlwind is offline
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Different technique

Any "violation" in a contract makes it null and void. There isn't any slapping them on the hand-it negates the contract. And all loan agrements are fraudulant because they don't gie you full disclosure- in other words, they don't tell you that you are funding the loan yourself with the contract that you signed, which is then deposited just like a check for the check that they gave you. That may be known as kiting checks- writing a check for funds that aren't there. And I believe that that is a felony.



these aren't just little "violations". They are bilking the people of this country for billions, and many times destroying lives in the process.



Was this group the Dorean Group?
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Old 07-30-2004, 11:54 PM
TheBlackTruth TheBlackTruth is offline
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Different technique

I do not think this is the Dorean Group. Their process is much different. Contact me in private (or Montana) and I can give you their contact information.



I'm sure Montana would like to clear up any misunderstanding in the earlier post.



-BlackTruth
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  #5  
Old 07-31-2004, 02:56 AM
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Different technique

Not only is the agreement fraudulent... but:



You gave them funds.. you actually "loaned" money to the bank... and they didn't pay you back. They gave you the money you gave to them... and then charge you the amount of money you gave to them with interest.



Do you think you will ever get back the money you gave to them?



THAT is a major violation!!
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  #6  
Old 07-31-2004, 02:12 PM
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Different technique

" violations and mistakes against federal law committed by the bank "



I have been hearing about this more and more -- any idea what the federal law is, and what type of violations they are citing?



If you can use this remedy (the LAW) and not ding the heck out of your credit in the process, it seems a viable option to explore.



Seeker
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  #7  
Old 07-31-2004, 06:42 PM
Boxter
 
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Well it’s not The Dorean Group, theirs is a little different. But apparently when a contract has violations in it, it becomes well.....unenforceable because it constitutes at the most fraud, and at the least incompetence. Never the less, they misrepresent themselves by never having corrected those violations prior to the thirty day notice being sent to them certified mail. The presenters say in their presentation that the average mortgage has about 19 violations worth anywhere from $200 to $2000 a piece. But they go after the title, because those are small potatoes compared to the property. The only draw back is they cannot yet do commercial property or rental property UNLESS it was "written" as owner occupied. I really don’t know what that part means. But I remember when I closed on my last rental property, the closing atty, and a mortgage friend of mine who read the closing papers, both said its "written" like an owner occupied loan. I never thought about what they said until I heard that guy describe what loans they discriminate against All they need are the papers you got from your closing to get it started. If you don't have them, they will proceed as though the closing atty neglected to give it to you. Little simple things like miscalculations of interest, even .0000001 %. Receiving "copies" of blank unsigned loan documents instead of originals with the banks seal and signature on them. Not being given your three day right of rescission, three days prior to closing, but actually at the closing table. It’s pretty ingenious. And they never knock the other techniques; they just believe this one is quick and painless, because it’s based on laws which they can prove the bank has already broken.
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  #8  
Old 07-31-2004, 06:59 PM
Montana
 
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Different technique

The process in which Boxter is referring to is not the Dorean process. However, any company that brings up the fruadulent nature of the mortgage contracts will be bringing up the same stuff.



re: Ice's comment. I think that it would be a good project for somebody to sue the banks for all of that money that they paid them.



Seeker, look into 12 usc 24 seventh, it talks about what the bank is lawfully able to lend. And besides all of that there is the non-disclosure in the contract that makes it void from the beinning, just like Whirlwind stated above.

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  #9  
Old 08-03-2004, 08:43 PM
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Different technique

Actually I found this and it seems the basics of what all are talking about as far as fraud and contracts for violations --



"Many Banks appear to explicitly break 4 Federal Laws:1) 15 USC § 1601 et seq.: Truth in Lending requires that banks disclose all details of the transaction2) 12 USC § 1831n(2)(A): Requires banks to follow “Uniform accounting principles consistent with GAAP”3) 12 USC § 2605 RESPA: requires that banks acknowledge & respond to a “qualified written request”.4) 15 USC § 1611 Whoever willfully and knowingly (1) gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation,

Some Banks also appear to break State Laws:

1) Business and Professions Code 17200 (for unfair and deceptive business practices), 2) unjust enrichment, 3) breach of fiduciary duty, 4) conversion, 5) negligence and 6) violations of the Consumer Protection Act

Some Banks even break CA Civil Code 2943, too!!!

After Notice of Default, request the Promissory Note in a qualified written request: Some will ignore it!"
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  #10  
Old 08-26-2004, 10:08 PM
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Different technique

I know of the group you speak of--- Unfortunately, at this time they do not have the 'man'power to appear in court for you but will coach you to make appearence or assist you in finding local attrny to make presentment. --- Initially they do make administrative argument citing 25 or so violations (our paperwork had 17 violations of which 11 were title violations) and will seek penalties in your behalf---the service agreement awards the group a percent of the penalties, you actually get the larger cut---they are also willing to take on foreclosure situations....even after courthouse sale---
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