Americans United for Justice

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How the Rating Agencies, Greed and Fraud Stole the American Dream

“The central bank is an institution of the most deadly hostility existing against the Principles and form of our Constitution. I am an Enemy to all banks discounting bills or notes for anything but Coin. If the American People allow private banks to control the issuance of their currency, first by inflation and then by deflation, the banks and corporations that will grow up around them will deprive the People of all their Property until their Children will wake up homeless on the continent their Fathers conquered.”

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AMERICANS have been victimized by the largest well calculated fraud (Ponzi scheme) in the history of our repiblic.

Investors and homeowners alike have been defrauded.To do so, they have relied on the support of prominent political figures in both political parties. With their support, they have done away with regulatory laws; they have changed the rules governing sanctity and privity of contract; they have gained full control of our judiciary, and now use it to rubber stamp approval over the fraudulent operations that sustain the Ponzi scheme; they have converted Wall Street into a rigged betting casino scheme that feeds off of the pension funds and the monies of the average investors; they have perpetrated the largest REMIC tax fraud in history, and they have turned the Notes to our homes into fraudulent securities without our authorization and without consideration being paid. Who are they? They are but the pretend lenders that never lent a cent of their own money, yet pursue endlessly the grand theft of millions of homesteads to which they have never held legal title to.

Their time has come and we are here to rain on their parade! We will expose this massive fraud one bank at a time, one CEO at a time, and one political enabler at a time, we will not waiver until they are brought to justice.

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As a response to the urgent consumer need for guidance in procuring a proven way of legally stopping foreclosure and defeating the sham plaintiff, Americans United for Justice has joined forces with Mortgage Fraud Examiners, a company with over 30 years of experience in both criminal and civil law defense.

Americans United for Justice asserts that there exists two basic truths that should serve as guidance to all consumers involved in foreclosure, these are:

I. Mortgage modifications are nothing but a sham. Mortgage lenders are refusing to cooperate with struggling homeowners – unless forced to re-negotiate terms by legal challenges. The root of the problem is that lenders are not agreeing to lower monthly payments, even to avoid foreclosures. Instead, when homeowners submit financial information to renegotiate the terms of a mortgage or a short-sale, lenders are comparing their new request with the original loan application. If salary and employment information are inconsistent, many lenders are turning this information over to the FBI to prosecute homeowners for bank fraud. Furthermore, AUFJ asks: Why would you want to modify a contract that is legally deficient in the first place? This only allows the “Lender” to transform a legally deficient contract into one with legal validity which they can then use against you.

II. Pretender defenders & foreclosure defense mills may be cheating homeowners out of victory by ignoring contract breaches and tortious acts underlying their mortgage transaction. We have received and reviewed hundreds of complaints from foreclosure defendant’s that have retained the services of self-proclaimed expert foreclosure defense attorneys; from our research, the same pattern emerges: desperate foreclosure defendant turns over what little funds he or she has remaining as a retainer; the “expert attorney” goes to court on clients behalf armed only with a cookie cutter lost note, robo-signer, MERS, or securitization defense, (defenses the judge has heard and ruled against a thousand times over) a year or so later the defendant ends up being evicted, credit ruined, and now with no viable financial alternative remaining to save their home or to obtain adequate shelter for their family.

Americans United for Justice fully agrees with Mortgage Fraud Examiners, in that the only proven way to properly defend a foreclosure suit is through an in-depth analysis of the mortgage transaction and appraisal process to identify contract breaches and/or tortious conduct, and then attacking the loan based on those findings through an aggressive litigation or settlement plan. Americans United for Justice believes this to be the only sound and ethical practice of law and has joined forces with Mortgage Fraud Examiners to assure that foreclosure defendants are not victimized a second time, and that they have a legitimate opportunity for success in their foreclosure defense actions.

If your loan has been accelerated, about to be accelerated and/or in lis pendens, and you cannot afford an attorney, you can now have immediate access to hundreds of powerful pleadings pertaining to multiple areas of defense, legal strategies and causes of action that you can use against the plaintiff’s in your case. This Database was created by victims of foreclosure, for victims of foreclosure. We have the largest foreclosure defense database on the internet. Once inside you can learn how to Motion the Court to Dismiss, question the plaintiffs standing, courts jurisdiction, and you can also learn how to provide affirmative defenses to the plaintiff’s foreclosure complaint against you.

Within our Database you will find all the tools you need to delay or stop your foreclosure using the latest winning foreclosure defense strategies and sample pleadings. You are provided with hundreds of online applications for union related jobs; step by step instructions on how to repair your credit information with the 3 major credit reporting agencies; and finally, due to need and demand, we recently added the most powerful internet business starter package designed specifically to create new business opportunities for those that, through no fault of their own, now find themselves in financial hardship in an economy that provides very limited employment opportunities. We put together the selected works from the masters of internet marketing and entrepreneurship, we have included the software to assist you in immediately starting your own business, if that's what you chose to do. In a nut shell, the information, pleadings, applications, software and expert advice contained within our database could mean a new beginning for you and your family, and we are proud to be the only ones to offer it. JOIN NOW CLICK HERE

AMERICANS UNITED FOR JUSTICE URGES HOMEOWNERS IN FORECLOSURE TO READ THE FOLLOWING PRESS RELEASE:

We all know what happened during the lead up to the 2008 financial crisis. Banks bundled millions of subprime mortgages into mortgage-backed securities. What you may not know is that these mortgage-backed securities were then stratified into layers with the best mortgages in the ‘top’ layers and the worst in the ‘bottom.’ Typically, the top layers of the securities would receive AAA, the highest possible rating. Lower layers would receive lower ratings and some were rated as junk. In retrospect, giving any of these subprime mortgages AAA ratings seems pretty foolish, but it gets even worse.

Unbelievably, banks would then strip out the junk mortgages, put them all together in a new pile consisting just of the junk, layer them into the best of the junk and the worst of the junk and submit this new junk pile to the ratings agencies. The rating agencies knew very well what was going on, yet the junk piles were rated in almost exactly the same way as the original pile with the top layers of junk getting AAA ratings!!! According to S&P, AAA means that “An obligor has extremely strong capacity to meet its financial commitments.” FRAUD! Because these mortgage-backed securities received AAA ratings, they were included in the sorts of investments made by pension funds, mutual funds, state health & welfare funds etc… and that were priced accordingly as "safe investments."

The AAA ratings for these mortgage backed bonds meant that they were included on balance sheets with virtually no detail, so that investors had no idea of their exposure to these risky assets. These investments were treated essentially the same as U.S. Treasuries, as far as balance sheets go. So balance sheets were loaded with stratified toxic junk, given a rating agency stamp of approval and pedaled to the entire world as safe as U.S. Treasuries! Also, the high ratings gave loan originators a huge incentive to give mortgages to absolutely anyone that they could get in the door of their bank. After all, no matter how worthless the loan, it would end up being rated like a U.S. Treasury Bond. In their insatiable greed, and to perpetuate and substantiate this scheme to defraud, inflated property appraisals became the standard operating procedure. These inflated appraisals have caused the greatest harm to the borrowers and to the economy in general.

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MORTGAGE FRAUD EXAMINERS WARNS: BEWARE OF THE LATEST FORECLOSURE RESCUE SCAM—“PRETENDER DEFENDERS”

Mortgage Fraud Examiners, the investigative firm who warned the public about loan modification scams, the "criminal loan modification trap," “forensic loan audit” scams, and the “Mortgage Elimination” scam is now warning that “pretender defenders” may be cheating homeowners out of victory by ignoring contract breaches and tortious acts underlying their mortgage transaction.

“Only exposure of contract breaches and/or tortious conduct underlying a mortgage transaction provides a sound strategic basis for liberating homeowners from the bondage of mortgage foreclosure.”  So says Storm Bradford, Founder of Mortgage Fraud Examiners.

Mortgage Fraud Examiners is a project of Lex Consulting, LLC. For over 30 years, Lex Consulting has provided litigation support to attorneys, helping them break into new areas of practice, or providing specialized advice for complex cases requiring novel approaches to the law. Due to the recent housing crisis, Mortgage Fraud Examiners, a team of specially trained legal professionals, was created to provide borrowers and the legal community with comprehensive assistance to help keep them in their homes.

“Homeowners and attorneys need to understand a promissory note; mortgage/deed of trust is nothing more, nothing less, a contract. Moreover, attorneys need to be extra careful. According to several ethics counsel we contacted around the country, “failing to identify contract breaches and/or tortious conduct may justify a homeowner suing a foreclosure defense attorney for malpractice or at least disgorgement of fees if the homeowner were to lose their property and these problems were later identified.” Bradford reiterates the point, made by the ethics attorneys, foreclosure defenders who fail to properly examine the mortgage transaction might face legal malpractice claims by their clients: “Let me ask you this.  If a client goes to an attorney with a contract dispute, what is the attorney ethically bound to do?  Isn’t it to look for breaches in, and tortuous conduct related to the contract?

Thomas Carrero, a Florida attorney specializing in foreclosures explains, “we see numerous borrowers who seek out representation of a "true" litigation attorney after another law firm charged them a flat fee to supposedly defend their foreclosure.  It is our belief that the only true way to properly defend a foreclosure suit is through an in-depth analysis of the mortgage transaction and appraisal process, and then attacking the loan based on those findings through an aggressive litigation or settlement plan.  On the flip side of the coin, if no meaningful violations are found after carefully reviewing the mortgage transaction, a borrower will not pay what is sometimes several thousand dollars to hear, "Sorry we can't help you."  Rather, with a billable hour litigation attorney, focus could then be shifted to asset protection, alternate resolution (i.e., short sales, deeds in lieu of foreclosure, "friendly foreclosures," etc...), reducing the amount of any potential judgment, negotiating away any potential deficiency balance and in the most extreme cases, potentially filing for bankruptcy.”

Bradford claims that so many foreclosure attorneys fall into the Pretender Defender category that homeowners must develop ways to determine whether the attorney can and will be able to identify contract anomalies within the mortgage transaction, and get them a financial settlement and/or their house free and clear if found. “Asking a simple question, like how many cases have you won, would be a good starting point.”

Bradford explained the favorite strategy of the “Pretender Defenders:”  “They use arguments like “show me the note,” “securitization, “MERS”, “robo-signing,” and so on.  Although these have some legal validity, inevitably, the entity foreclosing corrects the defects and wins because of one central fact that everybody knows – the borrower failed to repay the mortgage loan as agreed.  These “pretender defenders” know that the court will eventually grant the foreclosure, Bradford says, and that their typical defenses generally amount to nothing more than STALL tactics.”

This brings up a pressing question. How often do “pretender defenders” miss valid defenses that may help homeowners? A recent lawsuit by the FDIC shows that this happens all the time. The FDIC had 292 appraisals performed by an appraisal management company for Washington Mutual analyzed. The FDIC found “more than 75 percent of appraisals reviewed were found to contain multiple egregious violations of USPAP and applicable industry standards.” http://www.policyshop.net/home/2011/6/6/the-fdics-big-appraisal-fraud-suit-why-it-smells-fishy.html

“Foreclosure defenders should be identifying tortious conduct, and contract breaches. And finding problems within the mortgage transaction is relatively easy, we find appraisal fraud in eight out of every ten mortgage transaction we examine, which coincides with the findings of the FDIC, and that doesn’t include all of the other types of tortious conduct and contract breaches that are usually present. So in most cases the homeowner has a ninety percent chance or better of having something viable that puts them in the proverbial “driver’s seat.” And in our experience, most often the demonstration of a strong cause of action will lead the bank to ask for a settlement.  The settlement or the lawsuit could result in getting the house free and clear, and/or money for the foreclosure victim, plus fees and costs for the attorney.” http://www.wvrecord.com/news/233771-quicken-loans-on-losing-end-of-3-million-predatory-lending-verdict

Bradford adds, “if the homeowner had a choice of possibly stalling the foreclosure action or possibly getting their home free and clear, and/or a monetary settlement from the bank, does anyone really believe the homeowner would choose the stall tactic? And yet, many do because they were misled by these “pretender defenders” who are incompetent, inexperienced, or just by their greed.  By just delaying the inevitable foreclosure, some “pretender defenders” bill their clients anywhere from $1500.00, to $3500.00 or more upfront, and $500.00 to $1500.00 a month until their foreclosed on.  In the end, the client loses the house and has lost to the “pretender defender” $5,000.00 to $20,000.00 badly needed for relocation after the foreclosure.” http://www.tampabay.com/news/confusing-lawyer-fees-complicate-foreclosure-battles/1173271

Mortgage Fraud Examiners provides services for attorneys and their clients who face foreclosure and for homeowners who suspect problems underlie their mortgage transaction.  They discover appraisal fraud, loan application fraud, other tortious conduct, contract breaches and both typical and atypical violations of all kinds.  They provide a report of the findings within 7 business days, and, as a service to attorneys, may provide it styled as a complaint ready for filing or for settlement negotiations.

"The first line of action for any homeowner or attorney should be the examination of the mortgage transaction first, and in the off chance there’s nothing there of any consequence you can always stall afterwards, but never first! There really are many legal options available to homeowners facing foreclosure," Bradford concludes. “However, the only process that works is to find a REAL legal dispute that a judge is willing to accept as a valid reason to slam the bank, such as contract breaches, tortious misconduct, etc. Every mortgage transaction has unique facts, every claim has different applicable law, and only by properly examining the mortgage transaction is one going to find the answers.”

Mortgage Fraud Examiners 
Phone: 800-540- EXAM (3926)

http://www.mortgagefraudexaminers.com