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