I sent it to our Arizona Attorney General especially due to his latest Amicus Brief in the VERYYYYYYYYYYYY IMPORTANT Vaques Case that Oral Arguments are being held in Tucson at UofA for a ….WE PRAY….. In favor of us “homeowners” decision to be handed down by the courts…… I also altered it a little to send on a mas email campaign a I have done so many times in the past… so cross your fingers folks!
September 12, 2011
Hello Mr. Horne,
My name is Rebecca Misenhelter and I live in …. I am writing you today concerning the foreclosure crisis. I am just a layman in terms of Legislation, Bills, Law changes ECT. But my reasons for writing you today are to ask you for your help. I have been researching the various Foreclosure Laws and Acts across our nation am while in a “battle” of the like and myself, decided I would like to fight to gain Significantly better foreclosure Legislation in my home State of Arizona. I do not know a single thing, about writing a bill, or proposing a new law but this too is one of my goals in this letter campaign. I do know that I am impressed with all you have done for Arizona during this time of crisis and am so moved by the reading of your amicus brief in the Vasquez case. Over the past year and a half I have went from a “regular Joe“ as far as knowing our laws and actually nothing more about mortgages than you get one when you buy a house to now being told by various folks, even retired Judges that I should be a Fraud defense attorney for a living they have even dubbed me the nickname of “Beckovich“ as silly as it is yet what an honor I must say. Well frankly as much as I rather have not “learned“ all I know, I am now in it for the longest haul ever and will not give up fighting for not only my family but for thousands of others just like mine. Hence why I again and am on a letter campaign and telling our story, which sadly is the story of so many others. My journey has definitely not been a dull one by any means and all that we have been through and are still going through gets baffling even more by the day. Just when you think it couldn’t possibly become worse…
I get smacked into the reality of this MAJOR CRISIS our State, Country and so many families are going through. Many gave up the fight, others lost it to the point of their own deaths as sad as that reality is. I WONT GIVE UP and I WONT, so I can be the voice of all the others that want to have one and started like me…..The misery makes me more determined even when I am at my wits end. My story BELIEVE THIS OR NOT will be summarized, TRUST ME, until you decide to read all of my Pro Se filings and the mounds of documents I have entered into evidence as well as the numerous more I have still waiting to use you will see, THIS NOVEL really IS just a summary!
I thank you for taking the time to read this and really appreciate a reply, Please don’t worry if it’s a “I cant Help you”” letter, I have to many to count and continue to collect those. As I said, I will still keep sending them. I know it will be a battle but I am on the front lines and as a Native of AZ, I want to make it better for everyone.
I value your input good and bad and appreciate your response when you have the time.
My husband and I tried for well over one year to get a loan modification on our home. I have been writing letters for just as long it seems to the appropriate federal, state, local, agencies regarding the battle for our home. I feel that my letters and others may have contributed to the request to halt foreclosures in all the states as well as the mass changes and notice of whats been happening since I started… which was even before REAL ESTATE and all its “names“ were household topics daily. We only stopped paying the mortgage after Aurora Loan Services denied us any hope of a loan modification and we tried and asked for help well before, WELL BEFORE it came to it. We have been in our home 13 years now and I don’t want to leave it. Aurora Loan Services denied us a HAMP Modification. It was their contractual obligation to give us a modification due to our loan being a Fannie Mae loan, according to all I have read, of their policies, the HAMP and numerous other documents, white papers u name it I have most likely read it or will!. We tried every avenue there was to find a resolution to the situation with Aurora Loan Services. I have read every one of my loan documents and again plan to file RESPA and TILA complaints against Aurora Loan Services and others involved even though they have done me no good as of late in already doing do that is, I will NOT GIVE UP though ya see!! I will continue to try though. This loan WAS more than a predatory loan and if we had known then what we know now we would never have refinanced our home nor bought it in the first place as sad as that is to say really!
Our Fraud, deception, criminal activity actually goes back to the day we bought this, our first home, way back in 1997 and it is now all so obvious its makes me cry a lot. Yet I get back up and fight. I have sent letters to President Obama, Senator John McCain, Senator Russell, Senator Kyle, The Office of Thrift and Supervision, FTC, HUD, Fannie Mae, Aurora Loan Services, Mayor of Gilbert, AZ, News Station, Gov Jan Brewer of AZ, The Arizona Attorney General Office, YOU NAME IT, EVERYONE Knows my name I bet ;0) . I have sent one there. Go ahead Google my name you will be in for a treat. I am known like a thorn in everyone involved sides as the prickliest of thorns, I was literally finally told, that when I call the screen flashes and they are told not to talk to me.
YES SERIOUSLY….. All the way up the latter’s of Fannie Mae, Lehman Brothers , etc…. think big,,,, I been there, called there, wrote there ..SOMETHING there…I have filed all appropriate documents including a complaint to the Office of Thrift and Supervision, Congress, FBI, I wrote the Oversight Committee and got a nice response actually, you get the idea Sir/Maam. All of which my complaints have never been answered with the exception of Sen. John McCain and The Arizona Ag’s Office, as well as the Mayor Of my hometown of Gilbert, Mayor Lewis. Or if they are it’s a I cant help, or when they do,, ALS responds and even though the answers are plain, bold face lies that I already sent the supporting documents to the requester of help I had seeked, they seem to allow it to continue, send me what they received and say “Well see we helped… vote for us next election or, Hey we sent a letter what do ya want sorry, etc etc”
Its ok .. Again I am use to it. Yet I WILL NOT GIVE UP!!
We were and ARE honest, truthful and fair with all dealings with EVERYONE involved in our home …. WE ARE GOOD FAITH and I am not just sayin that, yet Aurora TOTALLY is not….. We had to stop paying the mortgage as we had no choice, yet believe me, that it too was after we tried every way that we knew to keep our home. Aurora Loan Services told us we did not have any hardships which are just one of many lies we were told. Not only were we denied a loan modification several times, but when they did give us a 90 day trial modification they gave it to me verbally over the phone and never sent paper work after I continued to ask to get them, and the worst part is I am not even ON the loan but again WE WANT OUR HOME and KNOW WHATS GOOD FAITH…., I have been disclaimer off since its inception. Due to the foreclosure filing we filed our own (pro per) I wrote myself actually and no not a lawyer….TRO and motions and complaints and responses etc, we have been able to “hang in there” but how the Judge is treating us, you shall soon read. We filed last October by the way so that gives you and idea of the time frame of it for now….anyway,
Our credit has been ruined due to the actions of Aurora Loan Services especially, and including, among others involved really. Our Credit score was over 700 when we refinanced our home. When we were doing the trial payments, all credit agencies were notified for nonpayment of our mortgage and these payments were put in a suspense fund. Our story is just one of the stories that are being told by the millions of Americans who have lost their homes due to mortgage fraud. I hope you will read our story and understand the problems we face with Aurora Loan Services. I have a website that will detail our struggles with Aurora Loan Services with a script of our efforts to save our home please understand, it needs updated and it was done in the beginning hence I have learned a lot along the way, I also have 3 face book pages with numerous other “victims across Az and the nation I have tried as a friend to help them get thru the nightmare as well. http://azfightsbackals.club.officelive.com/default.aspx
We go to our courts and our government for help in matters such as when the laws are meant to hold banks accountable for their fraudulent and illegal activity. In Arizona it seems some of our Maricopa County Superior Court Judges are seemingly, more interested in punishing those who didn’t break any laws, namely homeowners, instead of punishing the banks who blatantly break the laws, create fraudulent documents, try to illegally foreclose, and then lie about it. Including that “You don’t get a lawyer your going to loose” as we were told at our last hearing, yet the previous hearing he praised our good faith and hindered the Defendants Council on their breach of contract and bad practices etc. So needless to say we were stumped. Yes we have finally met with lawyers after selling all we could to afford one and what do ya know, Uh your Pro Se, well I CAN’T JOIN IN THE MIDDLE, OR YOU DON’T HAVE TEN THOUSAND OOPS SORRY… ETC ETC… So yes as scared as I am I again PRO SE, have learned more, received new help in the fight among others like us, and will be filing a newly written First Amended Complaint and Motion for Summary Judgment, better written and more to the point that my meager attempt so many months ago before I spent my life, every free minute, researching, learning, studying… doing the whole…. Lets learn all an attorney learns the best we can without a profession or the bar can attitude tucked in my belt. We filed suit against our PREVIOUS loan servicer, yes you read that correctly, PREVIOUS …. Aurora Loan Services, MERS, and Cal Western Reconveyance. Since we had no choice after they transferred our servicing to IBM Lender Business Process Services, as well as Fannie Mae (who know when the latter happen)and are attempting to foreclose on our beloved home, They ALS transferred servicing effective as of Aug 01,2010 then pursued Foreclosure JULY 22, 2010 anyway. Our suit claims that the Defendants lack standing to foreclose for a multitude of reasons, including bogus and fraudulent assignments with forged signatures, (with numerous recorded copies of different signatures of the same signer, only recorders office copies of Promissory Notes (one with hand writing, one without), a note that had been illegally securitized, possible four and many more so far times that I have uncovered and an inability to produce a copy of the original Promissory Note unless I do formal discovery of course and we have not made it past this will now be the 3rd EVIDENTARY hearing on September 16, 2011 even. They have not submitted ANYTHING but the normal “home docs on the recorders site as so have we and THEN SOME for us though….They still will not prove that they were the lender and had standing to foreclose despite the fact that it was and continues to be document accessorized, proven by us to the best of our knowledge, that no one knew who to pay even them. You can research our Case at Maricopa County Superior Court SE, CV2010-099383 or I can send you copies if you care to read them. As I said this will be a “SHORT version” of our plight so please if you have questions ask…..even though this totally does not seem the SHORT VERSION. I promise you it is.
For these reasons and others beyond our control , we had stopped paying our mortgage approx 9 months prior, with a now major concern that without proper proof of who owns our note, now even trying to get help to no avail, something must be terribly wrong, especially when we had never been behind before and even paid between 100 and 400 more every month we could throughout the loan, on a regular basis, towards our principal that we just could be paying the wrong party, not to mention that the chain of title on our home had officially been clouded as a result of the fact that we now know our loan had been securitized possibly several times over. Seriously. If you look at our credit report it even looks as if we were somehow, someway paying THREE mortgage companies at one time during a period. REALLY….. This is the same story that is playing itself out in thousands of cases around the United States and we have continued to keep them reminded and the court that the Defendants lack standing to foreclose, EVEN THEY ADMIT TO “ we don’t know why were here” but the Judge lets it continue. Now he has pushed it to another Judge as he went to another division and we PRAY She will really read what is happening to us. We pray that SHE will notice that they are unable to identify the real lender, OUR “LENDER” was liquidated in 2008 as we have filed evidence of and THE FDIC, AURORA every named company I have filled in that had anything to do with our loan cant name and the unnamed others I cant find. None of them know where the original note is, and they all know that the loan has been securitized, and the assignments and other related documents are forged and robo signed. PLAIN AS DAY. Even for me a layman. Throughout the process of hearings, Judge scoffed at us for being pro se and discussing matters that don’t have anything to do with the fact that we hadn’t paid our mortgage and that fraud is there yet we shouldn’t bring it up as it doesn’t seem to matter to him most days. We feel he has generally behaved as if his decision were already made – in favor of the banks. It seems as we do not do the evidentiary hearings correctly as we did not Reintroduce our already extensive exhibits at these particular hearings, not to mention the fact after being scolded by the Judge that HE KNOWS OUR FILE INSIDE AND OUT, I HAD TO POINT OUT THE FACT That he already denied the defendants motion to dismiss in the previous months when he started to rule on it again. Although all our supporting evidence was attached to the original complaint as well as in our response to defendants motion to dismiss (and the defense most certainly was familiar with these documents).The Judge in essence did the same thing as a recently denied case such as ours with similar issues in MCSC, when that Judge to seemed to become the Bank’s Attorney and began quoting the law that this evidence could not be used because it was not provided in the exhibits for this particular hearing, I reminded him I must of misunderstood how to conduct an evidentiary hearing, that I’m in fact NOT an Attorney and if I could afford one I would have one. Astonishingly, It still seems our “previous” Judge wasn’t interested in fake and fraudulent signatures, broken laws about securitization and, lack of standing to foreclose, or any of the laws governing the mortgage or foreclosure process, including the obvious Fraud, Forgery and other issues presented by us. Instead, that he is not interested in Robo Signers or Standing, Show me the Note doesn’t work here he says, even though I many many times pointed out its not show me the note, its show me the HOLDER in DUE COURSE, the one with STANDING, especially since the Defendants admitingly transferred our “servicing” and they themselves are “ just a servicer” and “ don’t understand why were here” Yet it only took them 4 hearing to admit it after we Plaintiffs Plead our BEST PRO SE DEFENSE in two previous evidentiary hearings and after finishing, were still “CONTINUED” for what ever reason the Judge decided, the last hearing, because “if you don’t get a lawyer your going to loose” reason so he spoke on record.
I don’t know weather the Judge lacks the understanding of the law surrounding ownership, custodianship, endorsement, wrongful lien, False Claim Statutes and transfer of mortgages and financial instruments, or is he in silent partnership with the actual banks who attempt to perpetrate fraud on the people like us and steal homes that aren’t theirs to take. In my mind as I pointed out to the Judge, it is LEGAL, HOME INVASION WITH PAPER AS WEAPONS period! Just sayin.……. Or when the facts of securitization was mentioned, he again brushed it off with a look of inadvisability, a wave of the hand or just ignored it as it did not matter it seems yet we Have to constantly remember that we must have proved something, so many months ago, at our TRO hearing to be granted such and to be kept in court fighting this long wouldn’t‘ ya say?, at least I pray so! He must have at least acknowledged the fact that we have had an unbelievable amount of evidence supporting everything we have been presenting.
I admit, I am proud of the Judge for that, but cannot understand at all, why it is continuing this long and we are now the bad guys again. Is this what it feels like to be found guilty of murder you never even were within 1000 miles of and spend twenty years on death row trying to get someone to listen? That’s sure what it feels like now I must say, yet I WILL NOT GIVE UP. Seemingly all because we cant afford an attorney, thanks to loosing everything almost, but our dignity, and that is desperately shaken by these crook lender, servicer, investor PREADTORS.!
Can I DO THIS TO YOUR HOUSE IF I FILE THE RIGHT FAKE PAPERS I asked him. (the Judge), appropriately and with tears by the way and in utter honest questioning as well. Who do we pay? Why should we just pay whoever is asking for the money especially when they acted so suspicious when we needed help for the first time in 11 years or so? Shouldn’t we be entitled to see proof that the recipient of those funds is the rightful owner of our Note that we have worked so hard to maintain? That is all we have asked for. Why are ALL our loan and Note transactions are so poor and sloppy, why there are so many different variations of the same signatures even my own husbands when I SO KNOW HIS SIGNATURE AFTER 16 years?, why is our Note in a Trust that we were never told about, and why they are lying about all the submitted and uncommitted to us, evidence. Or even the NAMES, PSA, POOLS, TRUSTS, ect that show our MUDDY chain of title for that matter, no dice their attorneys’ say…. Uh why??? We ask now as so many others do, especially in Arizona, should there be an investigation into why our courts don’t actually pay attention to the law and the evidence when it is there? Doesn’t it matter to you that houses are going to the Servicer ALS/LBPS when they never loaned any money on the transaction and they never purchased the obligation? Why are they still getting free houses, based solely on their ability to forge and fabricate documents just as they did when the loan was originated and sadly many courts look the other way so they do not dare set a PRECIDENT or go against others in their profession?
Aurora Loan Services has stripped us of any retirement, all of our savings and any future as we grow old. My husband was beside me every time I talked with a representative of Aurora Loan Services. He saw the stress that Aurora Loan Services and all involved has caused us and so many others, yet still, I WILL NOT GIVE UP. My daughter will have her childhood home as is my dream for her and she will see and she is learning to fight for what she believes in , fight for the truth, justice and honor and to fight for those who cannot or will not fight for themselves, to be the voice of help for others and remember, what you do today sets tomorrow in motion. I am not perfect at all and have done wrong in my life, but I am not a crook and I give more than I take.
I would appreciate if you would help us, and I also ask that maybe you or someone you know may help and forward this letter on, as I plan to make changes for us all, one step at a time, no matter how small, those folks need to see how it feels on the other side.
Victims of murdered family members have rights, as sadly I to am one, yet we feel all victims of every predatory crime should have just such rights and in order to appreciate those very ideals, honors of having such and those very freedoms we as Americans have, you must also FIGHT for them as individuals, either as one voice or your small voice for all, That includes to Fight the right, appropriate ways, as I am trying to do now, no matter what anyone else thinks different of me, I truly am. I would like to learn to change our legislation to not only stop this kind of sadness but to make our laws even better for everyone. Not only is this a crisis in my HOME State of Arizona but a problem in every state in the union. This foreclosure crisis must be stopped for our economy to recover.
Thank you for taking your time to read the enclosed letter and I look forward to your reply regardless if you can help!
Rebecca and Scott Misenhelter