LaSalle Bank National Association Trustee Bear Stearns 2007-HE4

Bear Stearns Trust 2007-HE4 Series 1 may be in big trouble.

A review of the Pooling Service Agreement (PSA) indicates the master servicer is EMC Mortgage. It indicates the requirements for the mortgage loans to be in the pool. Here is where it is dirty.

Investors in the 2007-HE4 Certificates acted on the prospectus provided by Bear Stearns and EMC Mortgage. They bought into these securities knowing they were all sub-prime mortgages. There was supposed to be criteria for each mortgage to pass before it was to be included in the pool. But this is where the fraud begins.

Many of the mortgages in the Trust were not registered on MERS as required. Many of the lenders were not even members of MERS. There was in fact no agency representation between the lender and MERS. As such naming MERS as nominee was never intended or became an agreement between the lenders and MERS.  Subsequently, MERS had no right to make assignments in the name of the lender as nominee.

But more importantly, many of the promissory notes backing the mortgages in the Bear Stearns 2007-HE4 Series 1 trust, were not endorsed properly in blank. Some were not endorsed by the original lender at all. Somewhere along the securitization process when this was discovered, employees of the intermediate holders put the notes in copy machines and copied fake endorsements on the backside. The signatures of the alleged endorsers are not wet ink. These endorsement stamps were copied from other notes and then copied on the back of notes missing endorsements.  In some cases companies such as DOCX and LPS fabricated fraudulent endorsement signatures for many now defunct lenders. These were placed on the back of notes at the request of lawyers for plaintiffs in foreclosures. As such the pleadings in foreclosure included the "lost note" count and asking for reinstatement.  What was the purpose of this "lost note" pleading? It was to keep from presenting the original note into the court file and denying the defendant's a right to do forensics on the endorsement and signature. They did not want this to take place because they knew the endorsement was a fraud.  And to think, the investors in these pooled mortgages and notes were led to believe each of these securitized instruments were valid.

Well, now, we are learning that millions of mortgages and notes in these securitized trusts are in the pool against the very rules of the PSA.  Thousands of these are in the Bear Stearns 2007-HE4 Series 1 trust. Investors need to make a mad dash to a lawyer. They were bamboozled, swindled, and the banks and mortgage companies involved are in fact some of the biggest ponzi schemes in history. We think Bernie Madoff was a ponzi master magician, well take a look at these Banks and their CEO's who are behind massive ponzi schemes a thousand times greater than ole Bernie boy.  But, so far Obama has bailed them out. He is sending his hacks to investigate these banks but in the final public statement we will hear they found no wrong-doing only a few employees acting rouge.

Bear Stearns 2007-HE4 Series 1 trust is a complete fraud. It is time for investors to demand to have a review of every mortgage and note in the pool. If they do not, they can expect their certificates to have the value of used toilet paper.

I send this warning to all you investors, if you do not cover your investment with an investigation, you deserve to lose every dime you gave for these fraudulent certificates. They will be like Confederate money in a short while. Be warned.

For those of you facing foreclosure and your mortgage and note were supposed to be in the Trust, challenge this claim.  Demand to see the original note and mortgage. Make sure all signatures are wet ink. Do not allow these shysters slip in a photo shopped copy of your color signature or the endorsement on the back of the note. Check each and every assignment on the back of the note for being copied. Challenge the note and deny you signed it. Make them bring the original into the court file. You can file a motion to compel production of the note and mortgage. In the event the lawsuit against you has a lost note count, you may be entitled to a jury trial of this count. Check your state laws. If you are entitled to a jury trial where lost note is pled, make sure you include a demand for a jury trial on the count naming the lost note claim.

Bear Stearns 2007-HE4 Series 1 trust is a complete fraud.  Google 2007-HE4 and select the SEC link. Register as a user. Then scroll down to find prospectus. Click. Then begin reading the information. Pay attention to the Pooling Service Agreement. Pay also attention to the closing date of the Trust. After the closing of the Trust nothing can be assigned into it. So any assignments by MERS or someone else to a Trustee for one of the securitized trusts are invalid.

We will win. Draw out all money from all banks and use cash and or money orders. Make them pay for this fraud. Vote out all judges and Republicans and Democrats who refuse to call for the fraud to be investigated.

CNN Refuses To Air Lisa Epstein Interview

Today, October 4, 2010, CNN contacted foreclosurehamlet.org founder Lisa Epstein for an interview. Lisa went to the CNN studios and there was a 30 minute interview. However, when 5pm came and the time to air the segment on foreclosures, CNN ducked and ran. They instead ran a story of a truck crash were pigs were scattered all over the highway.  What happened to the CNN interview of Lisa?  Well, CNN called Lisa and told her the story was to complex for their viewers and to confusing. They decided not to put her comments before America.

CNN, is your public really that stupid?
CNN, is your audience all that dim-witted?
CNN, since when did you measure the intelligence level of main street to see if a news item would be understood?

What we have here is a media giant who does not have the courage to allow the truth to be published via its cameras.

Oh well, CNN's loss. Lisa Epstein is a jewel and a treasure to those facing foreclosure. She is more important than CNN and all its fake backdrops anyway.

Lit Gant

Class Action v MERS

MERS will attempt to avoid this Class Action with a motion to dismiss. But I think this Class Action suit stands a chance to bring MERS to its death.  Read the case here:

http://land-rights.com/ricoclassactioncomplaint.pdf

The attorney McKeever is a very smart woman. She is perhaps the smartest Defense lawyer in the USA on the MERS fraud system.

Pray? Yes, pray that MERS dies.  That the assets of MERS becomes the property of  the millions of home owners this company defrauded out of their homes.

Read this important Order:

http://land-rights.com/stephanprotectiveorder.pdf

Lit Gant

Alan Grayson You Tube

Look at this:

http://www.youtube.com/watch?v=AqnHLDeedVg&feature=player_embedded

Mortgage Bifurcation

When To File Bankruptcy?

Own your home and in foreclosure?

You feel like you should try to beat the banks at their scams and file bankruptcy?

Well don't do it.  Here is what I would do....

Once upon a time from sea to shining sea and from purple mountains majesty, bankruptcy judges would protect the home owner. Well not any more. Bankruptcy judges are in on the foreclosure scams. If I file bankruptcy during my foreclosure the judge will lift the stay and the house be taken out of the bankruptcy. Then the plaintiff will get a summary judgment as fast as a robo judge will sign the order. So I file the bankruptcy and spend all that money for nothing.

But, I am getting smart!

A mortgage is the security for the promissory note. They take the mortgage, foreclose on it and sell the house to pay the note holder. That is how the note holder gets his money. So, get smart here. My mortgage is a secured debt. Because of this, the bankruptcy judge will lift the stay so the secured debt can be satisfied. Then when there is not enough money from the sale to pay the complete note off, the bank will then sue me for a deficiency judgment. The difference between what they got from the courthouse sale and the balance owed at the time of the summary judgment. This deficiency can be thousands of dollars. The only way to wipe it off is claim this unsecured debt in bankruptcy. Since the deficiency is unsecured and there is no mortgage any more, the bank cannot ask the judge to lift the stay. Many times the bank will not even appear at the bankruptcy court. So I am getting smart.

The time for me to file the bankruptcy is AFTER the summary judgment has been entered. Once this has been entered into the court and filed in the public records. I will go straight to the bankruptcy court and file bankruptcy. I will do it within minutes. I will not wait a day. I have the forms already filled out. I will place the summary judgment on schedule "F" as an unsecured debt. I will ask the judge to wipe it off with all other debts claimed.

Yes, when this happens, the greedy bank is not getting the house back. I will not ask for the summary judgment to be set aside. I will not allow the bank another stab at killing me. A bankruptcy judge should allow the unsecured debt to be included in the wipe out.

OK, now I own the house and the mortgage is wiped out in the bankruptcy. Now what? Good question.

The bankruptcy judge can order the house sold and all my debtors paid from the proceeds. Or, the judge can look at the value of the house at present market conditions and just let me have it. Now that is what we have been fighting for all these years since this fraud in Florida courts surfaced.

OK, get smart. Now find an attorney and let him guide you through the foreclosure. You could still win there. But if you do not, do not cry and go jump off some bridge. Go out and have a good supper and celebrate. Then soon as the summary judgment is signed, do as I will do and go straightway and file bankruptcy. Do it. Just do it.

Lit Gant
Not intended to be legal advice....just an opinion of what I would do.

Sue Florida Title Companies

Anyone who has purchased a home in Florida from the foreclosure sales and who obtained title insurance may be able to sue the title company.

Yes, keep all your title policy information in a safe place. If the chain of the title is dirty because the foreclosure process is later proved to have been affected by fraud on the court, the original owner may be entitled to come back and get his house. This means you will have to get out. And it also means all you did to the house will be inherited by the former owner.

For the next 100 years the dirty titles in Flordia will be subject to law suits. If you are one of those who will lose your home that you purchased in a foreclosure sale or were another person in the chain of title, you can only sue the title company and get your money back.

Do not be afraid to sue the title company. They have been warned but they want to make premium money on the policies. They do not care. So keep your title policy people. It will be your only hope if a former owner comes knocking and tells you to get out.

Lit Gant