Latest in our saga

So here is what I have been try to explain in all of our case to everyone, Plain and simple is…..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, even my husbands on the “load application Aurora had???,

(with numerous recorded copies of different signatures of the same signer, only recorders office copies

paperwork an my QWR replies form Aurora including 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 wet ink Promissory Note unless I do formal discovery of

course and we have not made it past all 3 EVIDENTIARY hearings we had. 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.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.
SO Aurora Loan Services, with the help of Cal Western, MERS and as of later filings, meaning recently,

Fannie Mae and the second servicer IBM LBPS/Sertus are all moving to take our home, based upon

documents they know to be faulty; that is, ALSO, now a fact, that included in this as we later found out, is

that FANNIE MAE is attempting to steal our home ALSO upon false pretenses. The proper documents that

would establish standing were never transferred to Fannie Mae, Aurora, Cal Western IBM LBPS to anyone for

that matter and its most likely because the title company didn’t do its job when it was supposed to, which is

Stewart Title and Trust of Phoenix, I even spoke to them on several occasions in the beginning and in the

midst of all this and they take no responsibilities for anything either . OUR ORIGINAL LENDER… Universal

Savings Bank was forced out of business by the OTS, and it was evidently too late to transfer. THE CHARGE

AGAINST FANNIE MAE IS THAT THEY ARE MOVING TO TAKE OUR HOUSE ILLEGALLY and seem to have somewhat

succeeded now. MERS and AURORA and Cal-Western Reconveyance Corporation issued contrived and

illegitimate documents, because we can assume the title company didn’t provide legitimate ones endorsed

to any third party. The dates of the documents clearly show their defective nature. In manufacturing those

stupid FANNIE MAE. Federal National Mortgage Corporation merely hired the clowns at Cal-Western, even

though in our opinion AURORA LOAN did as Fannie Mae seemed out of the loop until much later in our

case…. hence the amended complaint filing as we learned more about our “loan” – they didn’t cook up the

paperwork.
Aurora, from what I can glean from our documents, initiated the foreclosure process at the request – either

directly or indirectly – of Fannie Mae they now say, YET in one of the hearings early on AURORA and

CALWEST lawyer Christina Harper actually stated ON RECORD all of a sudden, were pursuing the foreclosure

on BEHALF of IBM LBPS… WHAT???? News to us as we had even SPOKEN ON THE PHONE WITH LBPS that very

morning just before the hearing. I have learned since that the servicer typically does so in these types of

cases, especially when MERS is involved. But Aurora is still obligated to determine whether or not there are

sound legal grounds to move against a trustor, and Aurora apparently did not comply with the law. AURORA

LOANS SERVICES WAS PARTY TO FRAUD because it was never a legitimate beneficiary, in spite of its having

been so named in one of the Corporate Assignment documents that “appeared” almost a year later, written

BY IBM LBPS and even had IBM’s loan number on it and NOT AURORAS even thought this was supposedly FOR

Aurora….Certain facts remain hazy in regard to Aurora, and could not be ascertained from the any of our

papers provided I just did the best I could as a layman and pro se. In the case of the assignments, Aurora

acted without authority, or else Cal-Western drew up a false assignment claiming Aurora’s transfer in the

second Corporate assignment and IBM LBPS helped as we all know they own DOC X, the fabricator kings. We

don’t actually know which. But either way, it’s fraud. I was not more specific about Aurora in the Amended

Complaint and the Motion For Summary Judgment, since there was no way of knowing the extent of Aurora’s

involvement without a more effective Discovery process that I was never able to obtain thanks to how

wonderful the court system was treating us in this nightmare case.
I / We were never hopeful that the judge would render a fair judgment – that is almost unheard of in a civil

court on matters of foreclosure as I have so learned in this SPEED EDUCATION OF ALL THAT THIS ENTAILS.

Unfortunately I cannot direct the court to do what is fair and it seems Arizona Judges wont do it either as a

general rule as other states have. But the treatment that we have received is congruent with the court’s past

record, which invariably rules in favor of big business regardless of the evidence. I am unaware of the

reason why the judge is dawdling in issuing a complete ruling, and don’t the details of her partial ruling

since all I have is the proposed order now e signed. However, as always, I’m hoping we will eventually

prevail. AS I SAID OUR “SERVICER” ALS transferred servicing effective as of Aug 01,2010 then pursued

Foreclosure JULY 22, 2010. Now as I said Cal Western is trying to say the new servicer is the ones that told

them to proceed with the auction. Yet, THEY ARE THE ONES THAT came up with the fraudulent transfers to

ALS and Fannie Mae halfway into the court battle, it even has (IBMS) THEIR loan numbers on the assignments,

not AURORAS…. we stated all along in court that they have not bothered us, nor would they work anything

out with us, per our multiple conversations with them, “UNTIL YOUR DONE IN COURT WITH AURORA” that’s

what we were told many times. Fannie Mae when they finally talked to me laughed at me seriously he

laughed and said there is no way we will modifi your loan and said they wouldn’t help, seriously laughed. So

i have no hopes for that, we are still in our home and will fight to the bitter end with the swat team

removing us, but its for ALL of us.. ACROSS my home state of AZ and the nation we continue, we always

wanted to pay, just WHO is it that we do??? This hell that has over taken my life and my families lives for to

many years now and I refuse to give up now even tho I cant stand it anymore…. THATS MY COMMENTS if they

matter…. thx

i need to update, but folks we are still fighting

 

give me a little time to update our case, this is the jist of it …they have offically tried to steal our home….I really had to sit down, breathe and take the time to revisit this hell that has over taken my life and my families lives for to many years now before I could answer in words that make sense, not only to myself but to you and the Judge. Ya know My (our) words as all the filings I have written and prepared and just explain in layman’s terms to my husband this entire nightmare. So here is what I have been try to explain in all of this case to everyone, Plain and simple is…..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, even my husbands on the “load application Aurora had???, (with numerous recorded copies of different signatures of the same signer, only recorders office copies paperwork an my QWR replies form Aurora including 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 wet ink Promissory Note unless I do formal discovery of course and we have not made it past all 3 EVIDENTIARY hearings we had. 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.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.

 

SO Aurora Loan Services, with the help of Cal Western, MERS and as of later filings, meaning recently, as you know…. the second servicer IBM LBPS/Sertus are all moving to take our home, based upon documents they know to be faulty; that is, ALSO, now a fact, that included in this as we later found out, is that FANNIE MAE is attempting to steal our home ALSO upon false pretenses. The proper documents that would establish standing were never transferred to Fannie Mae, Aurora, Cal Western IBM LBPS to anyone for that matter and its most likely because the title company didn’t do its job when it was supposed to, which is Stewart Title and Trust of Phoenix, I even spoke to them on several occasions in the beginning and in the midst of all this and they take no responsibilities for anything either . OUR ORIGINAL LENDER… Universal Savings Bank was forced out of business by the OTS, and it was evidently too late to transfer. THE CHARGE AGAINST FANNIE MAE IS THAT THEY ARE MOVING TO TAKE OUR HOUSE ILLEGALLY and seem to have somewhat succeeded now. MERS and AURORA and Cal-Western Reconveyance Corporation issued contrived and illegitimate documents, because we can assume the title company didn’t provide legitimate ones endorsed to any third party. The dates of the documents clearly show their defective nature. In manufacturing those stupid FANNIE MAE. Federal National Mortgage Corporation merely hired the clowns at Cal-Western, even though in our opinion AURORA LOAN did as Fannie mae seemed out of the loop until much later in our case…. hence the amended complaint filing as we learned more about our “loan” – they didn’t cook up the paperwork. Aurora, from what I can glean from our documents, initiated the foreclosure process at the request – either directly or indirectly – of Fannie Mae they now say, YET in one of the hearings early on AURORA and CALW lawyer Christina Harper actually stated ON RECORD all of a sudden, were pursuing the foreclosure on BEHALF of IBM LBPS… WHAT???? News to us as we had even SPOKEN ON THE PHONE WITH LBPS that very morning just before the hearing. I have learned since that the servicer typically does so in these types of cases, especially when MERS is involved. But Aurora is still obligated to determine whether or not there are sound legal grounds to move against a trustor, and Aurora apparently did not comply with the law. AURORA LOANS SERVICES WAS PARTY TO FRAUD because it was never a legitimate beneficiary, in spite of its having been so named in one of the Corporate Assignment documents that “appeared” almost a year later, written BY IBM LBPS and even had IBM’s loan number on it and NOT AURORAS even thought this was supposedly FOR Aurora…. Certain facts remain hazy in regard to Aurora, and could not be ascertained from the any of our papers provided I just did the best I could as a layman and pro se. In the case of the assignments, Aurora acted without authority, or else Cal-Western drew up a false assignment claiming Aurora’s transfer in the second Corporate assignment and IBM LBPS helped as we all know they own DOC X, the fabricator kings. We don’t actually know which. But either way, it’s fraud. I was not more specific about Aurora in the Amended Complaint and the Motion For Summary Judgment, since there was no way of knowing the extent of Aurora’s involvement without a more effective Discovery process that I was never able to obtain thanks to how wonderful the court system was treating us in this nightmare case. I / We were never hopeful that the judge would render a fair judgment – that is almost unheard of in a civil court on matters of foreclosure as I have so learned in this SPEED EDUCATION OF ALL THAT THIS ENTAILS. Unfortunately I cannot direct the court to do what is fair and it seems Arizona Judges wont do it either as a general rule as other states have. But the treatment that we have received is congruent with the court’s past record, which invariably rules in favor of big business regardless of the evidence. I am unaware of the reason why the judge is dawdling in issuing a complete ruling, and don’t the details of her partial ruling since all I have is the proposed order now e signed. However, as always, I’m hoping we will eventually prevail.

 

Rebecca Misenhelter