Do you have a Mortgage? Did you know it may not really exist
THIS IS A "TRILLION" Dollar "SCAM" on HOMEOWNERS & PENSIONS of "Main Street" America
Did you know your Mortgage Payments go to "SHELL BANKS" & "FAKE MBS" that then go to large "BONUS" and "INSIDER TRADING"
That all homeowners need to go to their Court house and review every document that has been filed against your home.
It is the Attorney General of your State that has received over $1 BILLION to prevent these Frauds from happening
The Virginia Attorney General Jason Miyares may have inherited this problem - But, he was elected on his statements that being from "Cuba" and his "Mothers Story" coming here created a "Smoke and Mirrors" that he actually cared-
AGAIN we have Lied too in Virginia
- Conduct or assist criminal investigations and prosecutions in areas like child exploitation or child pornography, computer crimes, gang activities and other organized criminal enterprises, identity theft, violations of environmental law, theft of state property, and fraud against taxpayers.
- Ensure justice by defending criminal convictions on appeal, defending the state when prisoners sue concerning their incarceration, and assisting victims of crime who are following criminal cases at the appellate level.
- Enforce state consumer protection laws through investigation, referral, and prosecution of complaints.
- Provide legal advice and representation to the Governor and executive agencies, state boards and commissions, and institutions of higher education. The advice commonly includes help with personnel issues, contracts, purchasing, regulatory and real estate matters, and the review of proposed legislation. The Office also represents those agencies in court.
- Provide written legal advice in the form of official opinions to members of the General Assembly and government officials.
- Support the Constitution of the United States and the Constitution of Virginia.
- Enforce antitrust laws that protect businesses and consumers from behavior that defeats healthy competition.
- Represent the interests of Virginia consumers in utility matters before the State Corporation Commission.
- Collect debts owed to state agencies, hospitals and universities.
- Supervise the appointment and payment of private attorneys hired by other state agencies for various matters.
- Provide information to the public on Identity Theft prevention and remediation.
- Administer grants to help reduce crimes involving gangs, drugs and sex predators.
- Administer the Sexually Violent Predator Civil Commitment Program to protect children from the most dangerous predators.
- Represent the Department of Social Services in its efforts to collect child support on behalf of children and families.
The United States Senate Committee on Banking, Housing, and Urbane Affairs has once again stated Banking Robo-Signing is illegal
If your home was foreclosed on or has fraudulent documents against it, Trillions of dollars have been paid to:
Judges, Federal & State Legislatures, Bankers, Lawyers, and Investors, to COVER-UP the corruption
BERNIE MADOFF stole from "Rich Jews" - the government paid back as they ignored it for 10 years, and government employees took payoffs
The SEC, DOJ & FBI. the 50 State Attorney Generals and Legislatures are allowing the likes of Leon Cooperman and others to do the same to Main Street America
This letter on February 7, 2022, is very important for all too long homeowners have been scammed as you will find as your read further down. That the Federal Government for insider and benefits of employees of the government paid trillions to Cover-up the insider trading, and the lack of oversite of the Bankers -
FOLLOW THE MONEY
The flow of the money seems to go:
The Federal Government to the Banks, Servicers, and the States
The funds how the banks & Servicers used them were sealed for 10 years
The public now knows that money was used for MILLION dollar bonuses
THE ILLEGAL AND CRIMINAL COLLUSION OF
THE HEADS of BANKS OF 2008 WHO HAVE NOW MOVED TO THE HEADS SERVICERS
TO CONTINUE THE SCHEME OF THEFT OF HOMES FROM THE AMERICAN PEOPLE WITH NO STANDING AND NO ABILITY TO SHOW STANDING EXCEPT WITH MADE UP DOCUMENTS (INSIDERS OF OCWEN/PHH HAVE CONFIRMED THIS), FORGED DOCUMENTS, USE OF FAKE LAWYER NUMBERS ON ASSIGNMENTS, Made UP ASSIGNMENTS, FALSE and MISLEADING ADVERTISING, the SALE OF SERVICING OF FORECLOSED LOANS FOR FINANCIAL GAIN, THAT ONCE A LOAN IS FORECLOSED ON THE LOAN IS NOT TAKEN OFF THE BOOKS - IT IS SOLD TO ANOTHER SERVICER, ET AL
THAT THE BANKS CO-MINGLED LOANS ON FINANCIAL STATEMENTS by all appearance and now this accounting is being done by the SERVICERS as seen between OCWEN/PHH and NEWREZ LLC
THAT THE ABOVE FEDERAL PLAINTIFFS CAN VERIFY THROUGH THEIR OWN WEBSITES, PAST SUITS, THE US GOVERNMENT ACCOUNTABILITY OFFICE (GAO) REPORT TO CONGRESSIONAL REQUESTERS 2011 FINANCIAL CRISIS REVIEW OF FEDERAL RESERVE SYSTEM FINANCIAL ASSISTANCE TO AMERICAN INTERNATIONAL GROUP INC. (GAO), The 2010 CONGRESSIONAL OVERSIGHT PANEL JUNE OVERSIGHT REPORT * THE AIG RESCUE, ITS IMPACT ON MARKETS, AND THE GOVERNMENT’S EXIT STRATEGY
and THE 2011 The FINANCIAL CRISIS INQUIRY REPORT WHICH REUTERS Reported:
SEC order helps maintain AIG bailout mystery:
SEC Agreed with AIG to keep some bailout terms sealed
SEC granted “confidential treatment”
SECrecy order stays in place until November 2018
BY ALL APPEARANCES WHERE SOME OF THE “SECRET” AIG MONIES WENT
Government Bailout Money Received
Banks Receiving Bailout funds 9 Banks gave 5,000 bonuses of at least $1 Million
Citi gave 738 bonuses of $1 Million with a Reported loss of $18 Billion
Banks Receiving Bailout Funds: 6 Banks paid more in bonuses than they earned in Profits
THAT the $251 BILLION the banks paid as reported by Forbes to the Government to not go to jail looks like pocket change
THAT THE APPEARANCE IS THE FORECLOSURE LAWYERS FOR BUSINESS and PERSONAL FINANCIAL GAIN HAVE COLLUDED TO “COVER-UP” THE LACK OF STANDING
How Much of the above money went to these bonuses the Executives / CEO’s included in this complaint? Why wouldn’t the Execurtives move to a regulated business by. Recuters
The CFPB has on its site:
COMPLAINTS:
Option One Shows 27,176 matches out of 1,744,719 total complaints
American Home Mortgage Servicing Shows 18,754 matches out of 1,744,719 total complaints
PHH Mortgage Showing 3,261 matches out of 1,744,719 total complaints
OCWEN Mortgage Showing 3 0,219 matches out of 1,744,719 total complaints
Wells Fargo Bank Shows 80,785 matches out of 1,744,719 total complaints
Bank of America Showing 119,746 matches out of 1,744,719 total complaints
12 U.S. Code § 265 Insured banks as depositaries of public money; duties; security; discrimination between banks prohibited; repeal of inconsistent laws
12 U.S. Code § 2605 Servicing of mortgage loans and administration of escrow accounts
15 U.S. Code § 77q. Fraudulent interstate transactions
15 U.S. Code Subchapter V - DEBT COLLECTION PRACTICES, § 1692d - Harassment or abuse, § 1692e -False or misleading representations, § 1692f - Unfair practices, § 1692g - Validation of debt, § 1692j -Furnishing certain deceptive formFair Debt. Collection Act (FDCPA), § 806 Harassment, § 807 False and misleading, § 808 Unfair practices,
§ 809 Validation of debts, § 812 Furnishing deceptive forms, et al
18 USC § 371 Conspiracy
18 USC § 1341 Frauds and Swindles
18 USC § 1343 Fraud by Wire,
18 USC §1344 Bank Fraud
18 USC §1346 Honest Services
18 USC § 1348 Securities and commodities fraud
18 USC §1349 Attempt and Conspiracy Sarbanes – Oxley Act
18 U.S. Code § 666 - Theft or bribery concerning programs receiving Federal funds
26 U.S.C. § Section 61 A (1)
26 U.S.C. § Section 108 (i)
26 U.S.C. § Section 451
26 U.S.C. § Section 1033
U.S.C Section 1.751, CFR 1.752
SEC Rule 1122 AB
Regs. Sec. 1.707-3(b)(2) Disguised sales of property to partnership
Virginia Fraud Against Taxpayers Act. CODE OF VIRGINIA FALSE CLAIMS; CIVIL PENALTY Virginia Code Ann. § 8.01-216.3 (A)(1)-(A-4), 8.01-216.3 (A)(7)
31 U.S.C. § 3729 Federal False Claims Act Violation of the Consent Order in 2014 with the DOJ and 48 states including Virginia.
That when OCWEN issued the 1099-A it did not use a company it would have and did use a name that could be a “Payer Agent” ? ALL FDCPA “debt collections” of JWG were denied.
This is the ENRON game with a twist:
Take Bad Assets written down to 10% of the original appraised value
Recap them by pulling them into CMBS
Originate loans to anyone by taking the title up front - under the IRS Rules for installment sale
Now the pool of crap is properly capitalized
Now amortize the bad Bank OREO by 10% annually to keep within range of a qualified investment
Assign the amortized amount annually to Consumers as pass-through investors
and then issue a 1099 A to close out these like-kind exchanges in the year of disposition
Where the title held by a BANK TRUSTEE A is released to the payees agent OCWEN
For the LLC to recast Itself by paying your withholding taxes on the Phantom earnings
The IRS calls these tax promoters and liquidation schemes “genius” intended to beat the best intent of Congress which is the authoritative guidance under Title 26. These are passed through Investments. JWG did not agree to a pass-through Investment.
That JWG claims against OCWEN et al for ABUSE AND FRAUDULENT PROCESS by Officers of the Court acting to wrongly take real estate of the Petitioner located at 15 Spring Street, Alexandria, Virginia (22301) under color of law and fraudulent trustee process, to intimidate and cause a wrongful auction on August 17, 2017 and now October 5, 2017 (stating information requested in 2012 will be given to JWG on or around October 2, 2017) , to wrongfully take JWG’s real estate without right established by AUTHENTIC DOCUMENTS as REQUIRED BY LAW.
Theft by deceptive taking: the attorney and trustee acts, under color of law, are intentionally designed to harass and intimidate the plaintiff to wrongfully deprive her of her lawful rights of ownership, by Brock & Scott PLLC on or around March 30, 2018,
NEW EVIDENCE SHOWS SECURITY & COMMODITIES FRAUD, THE LACK OF STANDING & FRAUD ON THE COURT BY LAWYERS
THAT ALL ACROSS AMERICA “WE THE PEOPLE” are paying on “FAKE” MORTGAGES
THAT THE BANKERS of 2008 are now THE SERVICERS of 2020
THAT These “FAKE” Mortgages have been in the Public since the MULTI-STATE settlement with
Lynn Szmoniak, Esq., December 12, 2012 (Exhibit 2 )
In the USDC District of South Carolina (Rock Hill) C.A. No. 10-cv-01465-JFA
THAT THIS SHOWS NOTHING HAS CHANGED except
THE BANKS have turned it over to the SERVICERS to do the DIRTY WORK -
INCLUDING & NOT LIMITING it to the EXECUTIVES of the BANKS
now being the EXECUTIVES of the SERVICERS
THE QUESTIONS FOR ALL AMERICANS: Are you paying on a “FAKE” loan?
Where is the accounting of the “TARP” MONEY
NEW EVIDENCE SHOWS
VIOLATIONS OF United States CONSTITUTION & VIRGINIA STATE CONSTITUTION
VIOLATION OF AMERICANS 4 FREEDOMS of Speech, Worship, Want & FEAR
FRAUDULENT CONVEYANCE with FRAUD ON THE COURT
/ IDENTITY THEFT / DOCUMENTS KNOWINGLY FILED IN THE CITY OF ALEXANDRIA FORGED / MISLEADING and DAMAGES, FRAUD ON THE COURT A PATTERN & PRACTICE of the courts with Judges and Lawyers.
How the Bankers - Servicers Connect and move around to keep the “SHELL GAM”E Going and profitable!!
How They Connect:
v
The U.S. House Committee on Oversight and Government Relations, in response to an inquiry from Congressman Elijah Cummings, wrote from theFederal Housing Finance Agency on May 13, 2011, a letter which establishes ( as improper practices) the acquisition of real estate using illegitimate foreclosure practices - a lawyer practice of self-interest, such as occurred in this case. Page 3 describes “Attorney Misconduct”, self-dealing and inappropriate practices, which itemizes the practices in this case as “unacceptable” and shows Forms 104DC submitted to Freddie Mac by the Servicers that S & B (Shapiro & Burson LLP) were paid to the lawyers - 2009 - $ 3,369,146.14 By – FREDDIE MAC’S SERVICERS 2010 - $ 6,342,051.30 By - FREDDIE MAC’S SERVICERS In the First quarter of 2011 - $ 1,746,816.13 By – FREDDIE MAC’S SERVICERS The amounts are not broken out into separate categories for the type of matter handled but include payments for services provided for foreclosures, bankruptcies, eviction, and closings in Maryland and Virginia.
THE GOVERNMENT (AG Eric Holder, Ben Bernanke & ) SELLS OUT THE AMERICAN PEOPLE
The Financial Crisis Inquiry Report: Final report of the National Commission on the Causes of the Financial Economic Crisis in the United State of America https://www.govinfo.gov/content/pkg/GPO-FCIC/pdf/GPO-FCIC.pdf - This link will take you to the Official Government Edition.
Some of the Banks that received the SECRET Bail out through AIG
Then 5,000. of the Executives received at least $1 MILLION in bonus each
CASES YOU CAN’T IGNORE
Other than the Two CFPB Cases Above:
The Banks and Servicers to the States
Again this money appears to have been split up between the AG’s / Judiciary and Legislature who feels they do not have to account for it
The Insider Trading: THE INSIDERS BY ALL APPEARANCE WHO ARE MAKING BILLIONS & MILLIONS INCLUDE LEON COOPERMAN 10% PAST OWNER OF STOCK WHO WENT ON TV, et al “BUY OCWEN” AND ARE NOT LIMITED TO:
The difference between LEON COOPERMAN and BERNIE MADOFF
BERNIE MADOFF stole from “RICH JEWS” the SEC took pay-offs for 10+years to stay silent, and paid back the money to the “RICH”
LEON COOPERMAN steals homes from EVERYDAY AMERICANS- SEC stays silent --
according to Forbes Cooperman is worth $2.5 Billion top insider trading
Others who Benefited in harming the American People:
Complaints Filed with SCC are being Ignored
Insider Trading of OCWEN/ PHH:
Bought 4,106,171 stocks for $12,114,662 = SOLD FOR $317,056,930
PROFIT: $304,942,268 on Insider Trading
Ignored by SEC & ALL
Glen Glen A. Messina, President, Chief Executive Officer, Director, CEO, Pres & Director Timothy Yanoti, Executive Vice President, Chief Growth Officer - Scott Anderson, Executive Vice President and Chief Servicing Officer - Dennis Zeleny, Executive Vice President, Chief Administrative Officer - June Campbell, Chief Financial Officer, Executive Vice President, Exec. VP & CFO - Scott William Anderson, Exec. VP & Chief Servicing Officer - John Britti, Executive Vice President, Chief Investment Officer, Exec. VP & Chief Investment Officer - Dennis Zeleny, Exec. VP & Chief Admin. Officer - Arthur Walker, Senior Vice President - Global Tax - Phyllis Caldwell, Independent Chairman of the Board - Jacques Busquet, Independent Director Alan Bowers, Independent Director - DeForest Soaries, Independent Director - Kevin Stein, Independent Director - Jenne Britell, Independent Director - Albert Celini, Executive Vice President, Chief Compliance and Risk Officer - Francois Grunenwald, Senior Vice President, Chief Accounting Officer - Joseph Samarias, Executive Vice President, General Counsel, Company Secretary, Chief Ethics Officer, Exec. VP, Gen. Counsel & Company Sec. - Alberino J. Celini, Exec. VP, Chief Risk & Compliance Officer - Stephen C. Swett, Investors Contact - Michael K. Short, VP of Bus. Devel. and Investor Relations - Francois Grunenwald, Sr. VP & Chief Accounting Officer - Leon G Cooperman, 10% owner - Park Road Management Compan..., - Mark S Zeidman, Sr VP, CFO, Chief Invest Offic - Peter Moenickheim, EVP and Chief Risk Officer - Alberino J Celini, Chief Risk & Compliance - Carol J Galante, Director - Ronald M Faris, President - Robert J Lipstein, Director - Ronald J Korn, Director - Timothy M. Hayes, EVP, Gen. Counsel & Secretary - Otto J Kumbar, EVP, Lending - Robert A Salcetti, Director - John Devaney, 10% owner - Catherine M Dondzila, SVP & Chief Accounting Officer - Marcelo G Cruz, EVP & Chief Risk Officer - Capital Partners, - Llc Kings..., - Michael R Jr Bourque, Executive Vice President & CFO - William B Shepro, Senior Vice President - W Michael Linn, Director - Robert J Leist, VP & Chief Accounting Officer - Wilbur L Jr Ross, Director - William H Lacy, Director - Vlack John Patrick Van, EVP, CFO and CAO - Nikhil Malik, CFO, Ocwen Mortgage Servicing - William C Erbey, Chairman & CEO - Paul A Koches, Exec VP & General Counsel - Barry N Wish, Director - Kenneth D. Najour, Vice President and CAO - David B Reiner, Director - David J Gunter, Sr VP & CFO - Martha Clark Goss, Director - W C Martin, Director - Arthur D Ringwald, Pres/CEO of OTX (sub of OCN) - Herbert B Tasker, Director - Joseph B Long, EVP, Capital Markets - George T. Henley, EVP & Chief Growth Officer
The Enterprise and or Scheme for OCWEN/PHH is they are not just a Servicer It is a Smoke & Mirrors clearing house - Back Door Bank that involves the Government Cover-Up / Shadow Banking:
they create and process Foreclosures on “FAKE” Loans that have no Standing and
that were DELIBERATELY PUT INTO “FAKE” Mortgage Back Securities
that the public was unaware of until Lynn Szymoniak’s Whistleblower suite
then after Foreclosing on the loan
pass the loan on to another Servicer ie JWG’s appears to have a loan being serviced by NewREZ a year after the foreclosure receiving a letter from PHH/OCWEN JWG loan had been moved to a new Servicer
so at all times the appearance of the “FAKE” Mortgage Back Security stays on several different Lender and Servicers' Balance Sheets.
JWG interviewed several OCWEN/PHH employees who lost their jobs due to operations moving to INDIA to have an arm's length from turning off fax machines, and phones, leaving people on hold, using “FAKE” Bar numbers on documents, etc etc etc -
This is BANK FRAUD,
The Harm to the Public and laws that are being violated
Denial of Rights Under Color of Law Violating 18 U.S.C § 242, § 241, 42 U.S.C. 42 U.S.C. § 1983, State & United States Constitutional Rights while coerce & deceiving citizen in Home Mortgages
18 USC § 371 Conspiracy 18 USC § 1341 Frauds and Swindles 18 USC §1344 Bank Fraud
18 U.S.C. Code § 1961- 1968 RICO 18 USC §1346 Honest Services 18 USC § 1348 Securities and commodities fraud 18 USC §1349 Attempt & Conspiracy
Sarbanes – Oxley Act 18 U.S. Code § 666 - Theft or bribery concerning programs receiving Federal funds 15 U.S. Code Subchapter V - DEBT COLLECTION PRACTICES § 1692d - Harassment or abuse
§ 1692e -False or misleading representations § 1692f - Unfair practices
§ 1692g - Validation of debt § 1692j - Furnishing certain deceptive forms
31 U.S.C. § 3729 Federal False Claims Act 18 U.S. Code § 1033 Insurance Fraud
False Advertising - FTC Act, Lanham Act and Dodd-Frank Wall Street Reform, Consumer Protection Act 18 U.S. Code § 1343 Fraud by wire, radio, or Television
US Constitution Fifth & 14th Amendment deprived of life, liberty or property without due process of law Theft by Deceptive Taking 18 USC §4, aka the Misprision Of Felony
42 U.S. Code § 1983 - Civil action for deprivation 18 U.S. Code § 241 & 242 Conspiracy/Deprivation against rights
The lawyers Cover it up with Billions a year in revenue in one firm -
As Reported: Law Firms Profits OCWEN/PHH et al in the BILLIONS
TO COVER UP ENTERPRISE / SCHEME
Other Lawyers in this CLUB: Troutman Pepper Hamilton Sanders, McQuireWoods, McCabe Weisberg Conway, BWW LAW Group, Brock & Scott
The State and Federal legislatures with high dollar amount donations in the MILLIONS there is not total of the gifts and monies given
The Judges as reported by the WSJ and is known to get very sweet deals on loans, and sometimes those loans just disappear for them by all appearance and some research:
The Wall Street Journal, published on November 2, 2021, “Hidden Interests - Federal Judge Files Recusal Notices in 138 Cases After WSJ Queries. Rodney Gilstrap initially argued he didn’t violate financial-conflicts law”; James.Grimaldi@wsj.com, Joe.Palazzolo@wsj.com, Coulter.Jones@wsj.com. (See the articles referred to in this section here and at Appendix:6§C.22.)
Articles:
Supreme Court Justice Roberts - 2021 Address - and others https://www.supremecourt.gov/publicinfo/year-end/year-endreports.aspx
WSJ - Roberts https://www.wsj.com/articles/chief-justice-john-roberts-pledges-to-bolster-judicial-ethics-11640991604
Federal Judges With Financial Conflicts:
Judge Rodney Gilstrap Sets an Unwanted Record: Most Cases With Financial Conflicts
131 Federal Judges Broke the Law by Hearing Cases Where They Had a Financial Interest
2. Thomson Reuters, with 2,500+ journalists and 600+ photojournalists, published on June 30, 2020, the first of its three-part report “The Teflon Robe”, John.Shiffman@thomsonreuters.com and Michael.Berens@thomsonreuters.com, on its massive investigation of state judges. It found that “hardwired judicial corruption” intertwines state judges and the state commissions on judicial performance that are duty-bound to supervise and discipline them. Reuters asked readers to send it their stories of abuse by judges…and it was “inundated” with them because those with stories want to tell them.
https://www.reuters.com/investigates/special-report/usa-judges-misconduct/
https://www.reuters.com/investigates/special-report/usa-judges-deals/
https://www.reuters.com/investigates/special-report/usa-judges-commissions/
3. The Boston Globe published on September 30, 2018, its investigative report “Inside our secret courts”, Jenn Abelson, Nicole Dungca and “Todd Wallack” <twallack@gmail.com>, patricia.wen@globe.comrs.com, spotlight@globe.com, in whose “private criminal hearings, who you are –and who you know– may be just as important as right and wrong”.
4. Senator Elizabeth Warren, in her “I have a plan for the Federal Judiciary too”, dare denounce judges’ unaccountability and their abuse of it by refusing to recuse themselves from cases in which they own stock in one of the parties before them in order to steer the cases so as to protect and/or increase the value of their stock. Sen. Warren refers to their grabbing as ‘abusive self-enrichment.
5. The International Consortium of Investigative Journalists (ICIJ), in Washington, D.C., published on October 3, 2021, the Pandora Papers, that is, close to 12 million financial documents leaked to it. “More Than 600 Reporters Around The Globe Work With ICIJ On The Most Expansive Leak Of Tax Haven Files In History”. The expertise that ICIJ has gained in applying document scanning software and money tracking techniques can be applied to exposing judges’ illegal flow of money.
Bernie Madoff stole from “RICH JEWS” -
The Insiders of OCWEN, Wells Fargo Bank, the Federal and the State Governments have stolen from “MAIN STREET” AMERICA with the State and Federal Goverment’s help the homes of approximately SIX MILLION Americans with “FAKE” - “FRAUDULENT” Documents:
The State of Virginia received over 1 BILLION in compensation ( no different than other states) from Settlements pertaining to Foreclosure shared with the State Legislature who then refused to pass this Bill which protects the People of Virginia:
Virginia
S.B. 734
Passed Senate 1/31/13
Provides that any person who knowingly makes, uses, or causes to be made or used a false or fraudulent record, document, or statement in support of any foreclosure shall be liable to the injured party. Upon proof of both a violation and damages, the injured party shall be entitled to appropriate equitable relief and compensatory damages. If compensatory damages are awarded, an injured party may also be awarded punitive damages. A person violating the provisions of this bill shall be liable for reasonable attorney fees and costs of a civil action.
history | hilite | pdf
13100542D
SENATE BILL NO. 734
Offered January 9, 2013
Prefiled December 12, 2012
A BILL to amend the Code of Virginia by adding a section numbered 55-59.5, relating to foreclosure; use of false record, document, or statement.
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Patrons-- Petersen; Delegate: Surovell
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 55-59.5 as follows:
§ 55-59.5. Foreclosure; use of false record, document, or statement; civil action.
A. Any person who knowingly makes, uses, or causes to be made or used a false or fraudulent record, document, or statement in support of any foreclosure upon property under this chapter shall be liable to the injured party.
B. Upon proof of such violation and damages arising therefrom, the injured party shall be entitled to appropriate equitable relief and to recover such compensatory damages as may be proven. If compensatory damages are awarded, an injured party may also be awarded punitive damages.
C. A person violating this section shall be liable for reasonable attorney fees and costs of a civil action.
. Bill has never signed into law and won't be - as the payoffs have been great!!!
Instead after getting some of the money, they tried to pass bills like this to help the Servicers, Banks. Lawyers et al
Virginia 2004 SESSION
041764296
HOUSE BILL NO. 1367
Offered January 22, 2004
A BILL to amend the Code of Virginia by adding a section numbered 55-59.5, relating to foreclosures generally; removal of occupants.
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Patron-- Drake
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 55-59.5 as follows:
§ 55-59.5. Removal of occupants after foreclosure.
A. The successful bidder at a foreclosure sale may and a bidder who has closed (hereinafter referred to as "the purchaser") shall provide a five-day notice to any occupant remaining in the property as provided in this section. The five-day notice shall include (i) a statement as to whether the purchaser has closed or is waiting to close on the property, (ii) the name of the trustee and his telephone number to allow the occupant to discuss the status of the property, and (iii) a statement that the right to evict the occupant by the purchaser shall not occur until the closing is completed.
Usage value shall accrue from the date of the foreclosure sale. Any money paid by an occupant to a purchaser shall not be considered rent. However, no money shall be collected by the purchaser prior to closing unless the money is treated as prepaid rent. A landlord and tenant relationship shall only be created if the purchaser and occupant enter into a new rental agreement.
Failure to close by the successful bidder or his assignee creates no liability on the secured party, the trustee, the successful bidder, or any assignee.
B. A deed of foreclosure executed by the trustee or a copy of such deed at the court date shall be sufficient evidence of ownership for the purchaser to obtain possession. The purchaser shall also provide a copy of the notice required by subsection A and proof that such notice was sent to the occupant, which proof shall include the requirements of subdivisions B 2 and 3 of § 55-248.6.
The purchaser may request immediate possession of the premises in default cases by appearance where there is a failure to vacate following appropriate written notice of the foreclosure sale.
C. In the event that the former owner contests the foreclosure action, the case shall be continued for no more than 30 days to allow the defendant to file a motion in circuit court to set aside the foreclosure. If a motion to set aside the foreclosure is not filed, the general district court shall order possession. If a motion to set aside the foreclosure is filed, the bond as provided in subsection D shall be required to be paid to the circuit court, and the general district court shall dismiss the unlawful detainer.
In the event that the occupant, other than the former owner, contests possession, an expedited hearing shall be held within 15 days of the original return date unless the parties mutually agree to another date.
D. In the event that an appeal to circuit court is filed either by a former owner or occupant after an order of possession has been awarded to the purchaser, a bond shall be required. The occupant or purchaser or his duly authorized agent shall provide an affidavit as to the assessed value of the property, the former monthly mortgage payment, the former rent amount, or a statement as to the fair monthly rental value to help the court determine the value of the bond. Such bond shall include at least two months' usage value to be treated as security against damages or waste to the property, and may include up to six months' usage value to allow for adequate time for the appeal to be heard. The appeal bond shall be posted within ten calendar days of filing of the appeal. If the occupant fails to post the bond, possession shall be granted to the purchaser.
E. When a motion to set aside the foreclosure is filed or an unlawful detainer was dismissed or appealed by the occupant pursuant to this section, a purchaser may request, by motion to the circuit court, that possession shall be awarded primarily based upon a completed foreclosure sale. The court shall presume that the purchaser is the proper possessor of the property absent compelling evidence by the former owner that the foreclosure was improperly conducted. In the event the court awards possession to the purchaser, the court shall enter an order of possession as provided in § 8.01-127.1. In the event that the former owner does not file a motion to set aside the pending foreclosure, the court may determine the distribution of the appeal bond.
F. In the event that an appeal or a motion to set aside the foreclosure is filed, the purchaser shall have the right to inspect the property and take pictures to verify the condition of the property. The occupant shall not commit waste to the property. In the event an appeal is filed, an expedited hearing shall take place within 90 days. If the purchaser prevails, he shall be entitled to the usage value of the property from the date of the foreclosure sale. Attorneys' fees shall be awarded to the prevailing party.
G. Except as provided in subsection A, no landlord tenant obligation shall be created unless the purchaser enters into such an agreement with the occupant.
H. The trustee may provide a notice to any occupants in the property as to the day and time of the foreclosure sale. The notice, if given, shall also include the notice that the former owner may redeem the property up to the time of sale.
I. Any lease created before the foreclosed deed of trust note is executed shall be deemed subordinate to the deed of trust note unless it has been recorded in accordance with law prior to the recordation of the foreclosed deed of trust note.
J. For the purposes of this section:
"Former owner" means the owner of the property before a foreclosure sale.
"Former tenant" means a tenant of the former owner whose right to the property was extinguished by the foreclosure sale.
"Occupant" means anyone who possesses the property after a foreclosure sale, including the former owner or former tenant.
"Usage value" means the value an occupant owes to a purchaser for possessing the property, which amount may be the rental value, mortgage payment, or in the absence of any such evidence, the monthly amount of one percent of the property value assessed by the locality in which the property is located.
My advice to you - go to your Courthouse - Look at all the documents that are filed against your home - have you been F**ked?
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