REAP - Real Estate Administrative Procedure

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Real Estate Administrative Procedure “2013 The Year America Decides to Fight Back” REAP We Have Solutions For Your Financial Peace of Mind© 2010 THE Equity Specialist Group USA - Exclusive (B2B Partners) use for Workshops with Agreement

Transcript of REAP - Real Estate Administrative Procedure

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Real Estate Administrative Procedure“2013 The Year America Decides to Fight Back”

REAP

“We Have Solutions For Your Financial Peace of Mind”

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Everyone knows there is a Mortgage crises today. You need to understand the cause of it, because the current Mortgage crisis was not an accident. It was caused by an out of control industry.

Since 1981 the rise of US Financial Sector has led to a serious of financial crises. Each crises has caused more damage. While the industry has made more and more money.

Tonight I will cover

Cause of the Mortgage crises

Material evidence we are finding of Lender wrongdoing

How Lender Violations can be used to get your equity back

Results we are getting for our clients

Death of a Short Sale

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New Rules to AMEND the Mortgage Crises

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• 1998 Citicorp and Travelers merged to form Citigroup the largest financial services group in the world. Merger violated the Glass–Steagall Act, a law passed after the great depression in 1934 which prevented banks with consumer deposits from engaging in risky Investment Banking activities. Greenspan said nothing, given an exemption for 1 year, then Congress passed a new law in 1999

Gramm–Leach–Bliley Act.

• 1998 Derivatives completely unregulated. May 1998 CFTC issued a proposal to regulate them, Clinton’s Treasury Department had an immediate response. Larry Summers bullied Brooksly Bourn to stop Note (Larry Summers later made $20 million as a consultant to a hedge fund that relied heavily on derivatives)

• July 24, 1998 Alan Greenspan stated that regulation of Derivatives is completely unnecessary

• 2001 Phil Gramm Lead the Congress to pass the Commodities Futures Modernization Act which banned the regulation of Derivatives

The Regulators

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• Robert Gnaizda Former Director Greenlining Institute meet with Alan Greenspan twice a year during the height of the housing boom and gave 150 examples of Countrywide’s complex risky ARM. It was clear he was stuck with his ideology of no regulation.

• February 2006 Ben Bernanke became chairman of the Federal Reserve Board

• Despite several warnings Ben Bernanke and the Federal Reserve Board did nothing

• Robert Gnaizda meet with Bernanke three times after he became chairmanOnly at the last meeting on March 11, 2009 did he suggest there was a problem and the Government should look into it.

• Government Regulators who are in a position to protect the citizens had done nothing

• Eliot Spitzer observed all of this during this time frame when he was New York Attorney General 1999-2007; Governor of New York 2007-2008, This is what he said concerning those in a position of regulation

“The regulators didn’t do their job. They had the power to do every case that I made when I was state Attorney General, they just did not want to. ”

The Regulators

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The Regulators

• The Securities and Exchange Commission conducted no major investigations of the investment banks during the bubble

• During that period of time 140 agents were cut from the SEC

• SEC office of risk management was cut down to a staff of one

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• 1990, the Berlin Wall came down, borders opened, and free elections ousted Communist regimes everywhere in eastern Europe. In late 1991 the Soviet Union itself dissolved into its component republics. With stunning speed, the Iron Curtain was lifted and the Cold War came to an end. Physicists and Mathematicians eventually migrated out of the Military sector and found lucrative employment in the financial sector, by implemented complex algorithms to create new financial products called “Derivatives”

• Economists and Bankers claimed they made market more safer, but proved to make them unstable

• In the past investment groups consisted of wealthy partners who put their own money up and the Partners watched their money very carefully. They wanted good returns, but they were not willing to bet the ranch on anything

• Starting in 1980s the financial industry evolved. Investment banks went public, giving them huge amounts of stockholder money

The Investors

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The Investors• Securitization Food Chain 2001-2008

Lenders made the loan… Investment Bank… Investors worldwide

• Investment Banks combined thousands of other loans composed of Commercial Mortgages, Corporate buy-out debt, Home Mortgages, Car Loans, Student Loans, Credit Cards to create complex Derivatives called Collateralized Debt obligation CDO. Investment Banks then sold CDOs to Investors worldwide. Now when Homeowners pay their Mortgages the payments are funneled to investors all over the world

• Original Lender who made the loan had zero risk if there is a failure to repay

• Since Lenders no longer cared whether a borrower could repay they started creating riskier Loans

• The Investment banks didn’t care either because the more CDOs they sold the higher their profits. Lenders and Investment Banks were only concerned about maximizing volume

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The Investors

Volume of new loans from 2000-2003 quadrupled. People on Wall Street started getting rich. Executives were having massive private gains at the public’s risk.

• More Loans were needed, so lenders created new subprime products so more people could qualify to get a Mortgage

Even with riskier subprime loans CDOs still received AAA ratings. Investment Banks actually preferred subprime loans, because they carried higher interest rates. This lead to a massive increase in predatory lending.

• Subprime lending increased from $3 billion a year to over $600 billion• Borrowers were needlessly placed expensive subprime loans, many loans were given to

people that were destine to fail

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The Investors

• N I N J A LOAN

• NO INCOME

• NO JOB

• NO ASSETS

• NO PROBLEM !

• YOU CAN GET A HOME LOAN! (2004-2007)© 2010 THE Equity Specialist Group USA - Exclusive (B2B Partners) use for Workshops with Agreement

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The Investors• By 2008 home foreclosures were skyrocketing and the Securitization food chain

imploded. Lenders could no longer sell their loans to the investment banks. As the loans went bad dozens of lenders failed. Leaving the investment banks with hundreds of loans, CDOs and real estate they couldn’t sell

•March, 2008 Bear Sterns ran out of cash and was acquired by JP Morgan Chase at $2 a share (far below the 52-week high of $133.20 per share) and backed by $30 million in guarantees by the Federal Reserve

• September 7, 2008 Paulson announced the federal takeover of Fannie Mae and Freddie Mac

• September 9, 2008 Lehman Brothers announces huge losses and their stock price collapses

• September 12 Fed meets with many large investment banks to discuss terms of recovery

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The Investors• September 14 deal struck for Bank of America to acquire Merrill Lynch. Barclays

expresses interest in acquiring Lehman Brothers but British regulators demand a financial guarantee from the Federal government. Paulson refused (Paulson was CEO of Goldman Sachs a major competitor of Lehman Brothers) Lehman Brothers files Bankruptcy September 14, 2008

• September 17, 2008 AIG is taken over by the Government

• September 18, 2008 Paulson and Bernanke ask congress for $700 billion to bail out the banks, they warned that the alternative would be a catastrophic financial collapse. The entire Credit and financial system froze up, nobody could borrow money. When AIG was bailed out the holders of its credit default swaps were paid $61 billion the next day. Paulson, Bernanke and Geithner forced AIG to pay 100 cents on the dollar instead of negotiating a settlement. $14 billion of that went to Goldman Sachs

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The Securitization Food Chain

• Thirty years ago … People went to their local Community Bank to get a home mortgage… Payments went straight to that same Bank….Put your Note in their vault until satisfied…Since Mortgages took decades to repay, Lenders were careful.

• Securitization Food Chain 2001-2008

• 95% of Mortgages 2001-2008 were converted into a Security basically a Wall Street Bond (MBS)• 5%... Got a home loan with a Credit Union or small community Bank (cant help, explain)

• After Securitization the state of the negotiable instrument (promissory Note) has been changed, it has been converted into a Wall Street Bond (MBS)

• After being converted into a Bond it is no longer a negotiable instrument, it is and forever remains a Bond

• Deed of Trust has language stating it secures a promissory Note. When you promissory Note was converted into a Bond it was paid for and destroyed

• Deed of Trust is the document that gives a Lender the legal right to foreclose on your property

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The Securitization Food Chain

• Your Deed of Trust or Mortgage is now a defective instrument, because it secures nothing and therefore is invalid meaning the Lender has no legal right to collect payments or foreclose on your property…If properly challenged

• If both could exist at the same time it would be double-dipping which is a form of Securities Fraud

• A promissory Note is only enforceable in its original state

• Problem is the Banks are using old contract language within the securitization food chain

• MERS was created to try and make this work, but the problem is they used MERS instead of the County Recorder’s Office which created a break in the chain of ownership of the Loan

• Loan originator sells to Investment Bankers they have 90 days to deliver actual promissory Note you signed with your hand in blue Ink

• Needs an Assignment contract to endorse the Note over to “Named Party”

• Have to record the transfer in your County Recorder’s office

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The Securitization Food Chain

• Most of the time the lender cut corners to save time and money every step of this process

• By a click of a mouse they sent a spreadsheet of the loans being transferred through the sale

• Wire Transfer of the purchase money

• Scanned all the original documents into a data file, then destroyed them with a paper shredder

• They did not record the transfer in your county recorders office because the average fee to do this is $30, multiply that by 1000 and they could save $30,000, now multiply that again by how many times they sold 1000 loan bundles

• This is a serious violation of Contract Law, Commercial Law and Common Law

• 85% of foreclosures are unlawful (Fraudclosure)

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The Evidence of What We Are Finding

• Predatory lending (someone is put in a high cost loan when they actually qualify for better terms)

• High cost loans (paying higher closing cost, additional junk fess, higher interest rates)

• Steering/Reverse Redlining

• Real Estate Settlement Procedures Act (RESPA) 1974

• Truth In Lending Act (TILA) 1968

• Falsified information and documentation

• From 2001-2008 Lenders charged excessive fees, additional Junk fees and placed borrowers into higher interest rate loans to maximize profits

• Note sold either the next day (or within 6 months as bundle) at 105-127% of face amount

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The Evidence of What We Are Finding

Note Fraud

• Lenders got very busy so they cut corners at every step of the life of your Loan in order to save time and money (did not record assignments and destroyed the original documents)

• Since they would transferring your loan electronically as a data file they sometimes made copies of your Loan and sold it many times over to different investors backing different CDOs

• Note is either lost or purposely destroyed so when need to foreclose they have fraudulently recreated the missing documents (False Affidavits. Fake witnesses. Fake Notaries. Robo-signers. Fake documents.)

• Hired Lender Processing Services who then used companies like Docx who were foreclosure mills forging documents for the lenders. (Linda Green) (chose name because she work there, name short & easy to spell)

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• Sara Palin has a home that has past title documents that are part of this robo-signing fraud.

• (on my website is a link to) 60 min interviewed from April, they interview Chris Penley one of the guys signing Linda Green acting VP for 5-6 different banks earning $10 hour a little bit underpaid for a VP of 6 banks. Forging 350 pages an hour, 4000 pages per day, 1Million in a years time

• We are finding all kinds of these. We had a client where the names on the documents of the bank VP and Notary were flip-flopped on different pages. One page the person was VP then other document they were Notary. Notary was now VP

• AG in all 50 states prosecuting 14 servicing banks who committed foreclosure fraud. They are talking about how to contact all the homeowners foreclosed on since 2009We are not waiting for regulators to force the banks to pay for their wrongdoing we are looking for the actual homeowners who were injured because they need to sue for damages. So if you know someone then have them contact me now.

The Evidence of What We Are Finding

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The Evidence of What We Are Finding

Don’t just take my work for this, I want you to do your own research. Write this down. Google:

• Mortgage Fraud (lender name)

• Foreclosure Fraud (lender name)

• MERS Fraud

• 4closurefraud.org , dsnews.com , ml-implode.com

• www.racingdrew.com watch all the video on my website

• Robo-signer ( signing one doc after another like a robot, foreclosure mills forging some other persons name and the person who’s signature they are forging is just a fictitious person and they are not an executive with the Bank)

• Watch the DVD documentary, “Inside Job”

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What are the chances that I may have serious violations in my loan

which I can use in my favor?• If your loan was originated between 2001-2008 the chances are high

• If you have an Adjustable Rate Mortgage the chances are even better

• Original lender is out of business have an even greater chance

• If you have an Option ARM (negative amortization) (pick a payment) type mortgage you have an extremely high chance

• Anyone with a Mortgage that has been sold, transferred or the servicing bank has changed have a very favorable course of action

• If the Beneficiary on the Deed Of Trust is “MERS” Mortgage Electronic Registration System then you may have evidence to get the greatest chance possible

• You can ask your representative to provide you with the Score Card Analysis and take the test to see for yourself what your current situation is when it comes to your mortgage history, current standing and options you may have in SAVING YOUR HOME and knowing your rights in preventing your home from going into foreclosure. We can rate your score and provide you with the right service to help you find the truth about your mortgage. IT IS YOUR RIGHT.

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What are the chances that I may have serious violations in my loan which I can use in my favor?

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What We Do• Educate homeowners about their existing mortgage• Live Workshops * Live Online Webinars * Conference Calls • No obligation pre-screening consultation (Free Analysis)• Real Estate Administrative Procedures (Residential/Commercial)• Judicial Closure (Part 2 of REAP)• Real Estate Donation Unified Program (Residential/Commercial)• Recoupment Process (Wrongful Foreclosure – lost home)• Asset Protection (Legal Protection, Retirement Protection, Business Protection)• Debt Elimination • Credit Score Bank Suit• Complete Audit Service• Administrative Procedure and Complete Audit Package• Debt Elimination • Second Credit Card Number (Trade line Opportunity) – Improve Score of SS# (700 Fico Score)• OTHER SERVICES AVAILABLE UPON REQUEST

Stop Foreclosure, Foreclosure Alternatives w/attorney, Discharge Credit Cards Loans, etc., Immigration, Evictions, Loan Modification, Real Estate Closings, Company Formations (Inc., LLC, EIN, S-Corp, Land Trust, Timeshare Cancellation, Quit Claims, Non-Profit Formation and other services, Membership for Legal Services including Identity Theft Protection and Credit Repair.

• Fully staffed processing department

• And much more!

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My Experience

• Investor’s Representative since October 2000• Founded The Equity Specialist Group for Mortgage Consulting 2005• Mortgage Consulting for Real Estate, Mortgage and Investments companies since 2006• May 2009 Learned about the existence of these Lender violations • December 2010 learned about Securitization Loan audits• October 2011 formal training in field of Mortgage Fraud Investigation • Partnered with a Law Graduate and developed a marketing strategy to take this concept and

knowledge to provide Educational Home Ownership Rights with B2B Partners to formed

The “HOME4KEEPS” Program

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• 1985 – 1998 Desktop PublicationsPrint, Design, Sales and Marketing

• Home Business Coach and Presenter• Traveled across USA to train and speak• Motivational & One on One Trainer• Training and Development• Basic Internet and Marketing Trainer

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How to use material evidence of lender wrongdoing to

accomplish your goal

There are basically three approaches to negotiating with your Lender

• Charitable Contribution based on a hardship• Judicial Process based on Material Evidence of Lender wrongdoing• Real Estate Administrative ProcessYou are in an adversarial position with your Mortgage Banker• Going up against your Lender can be compared to going into battle• If you are going into battle you want to use all the tools and resources available Army, Air Force, Navy, Marines, Coast Guard

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Chuck Norris

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Judicial Process• Investigate first and find material evidence of Lender wrongdoing• Need to have liability & damages to make a case• Need to prove fraud & intent to injure to win your case• Only good for people who have been foreclosed on and suspect unlawful Lender

activities

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Real Estate Administrative Process

Summary

• The Real Estate Administrative Procedure obtains a chain of evident through a series of documents that are mailed via registered mail to put the other party on notice as well as demands with a deadline

• Non-judicial way to get a judgment, nothing needs to go through the courts

• Administrative Procedure Act (APA) 1946

• We are not the first to do this, but we perfected it in the current format we use today in November 2010

• Based on all the laws that pertain to our great country, what I call the 6 pack of laws

• Common Law Commercial Law Contract Law Judicial Case Law

Real Estate Settlement Procedures Act Truth In Lending Act

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Real Estate Administrative Process System

• Notary Public is witness to you signing the document

• Notary Presenter/Accepter serves as witness to all documents as to what was mailed and keeps a written record of each mailing

• United Stated Postal Service through certified mail serves as witness that the envelope was delivered

• All mailings go out from the Notary Presenter and all written responses must go to the Notary Presenter as return address

• Notary Presenter is nonbiased third party and as such has no interest of the outcome either way

• Notary Presenter will 1) Attest to what was placed in the mailing2) As extension of the court, officer or magistrate of the court commissioned by the Secretary of the State, the Notary can and will issue the Judgment

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Real Estate Administrative ProcessProcedures

Qualified Written Request and 46 complaints and 190 questions demanding a response to your dispute

Lender found to be in default of their own Loan documents Homeowner gets Judgment against the Bank Satisfaction/Re conveyance of Loan and Lien

Documents sent out in timed structure. 46 business days, ~60 calendar days

Mailing of documents is sent to the CEO at the corporate office of the parties involved

The first three documents sent are Demands and Notices of Claim you are bringing against the other parties. In the first communication statements are made which the other parties are supposed to respond to

We tell them what wrongdoing we are accusing them of from the beginning, what we need to see from them to prove us wrong and what is going to happen if they chose not to respond

The other parties receive abundant opportunity to respond to your claims and to correct any wrongful statements

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Mailings Qualified Written Request Dispute (190 questions) and Negative Averment (46 counts of the

Lender’s wrongdoing) (10 days) Copy of QWR and Notice of Fault (6 days) Again copy of QWR and Notice of Default (6 days) Notice of Non-Response (halfway point) If no response is made after communicating with the other parties three times, your statements at this point are deemed agreed with and settled. Partial response is none response which is acquiescence, meaning they chose not to respond and they accept what we say as true

Notice of Claim containing a detailed listing of your damages and a total of the amount you are demanding.

First Notice and Demand for Settlement and Closure of Escrow (6 days) Second Notice and Demand for Settlement and Closure of Escrow (6 days)

Real Estate Administrative Process

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Real Estate Administrative Process Notice of Dishonor from the Notary certifying that he or she has not received any

responses

Following this you start your three demands for payment.

The final documents are the Certificate of Dishonor (COD), which is a statement from the Notary reciting the history of all documents sent in detail, the date each document was sent, when the return receipt came and whether or not there were any responses.

Notice of Dishonor, is only sent to you. Certificate of Dishonor (COD) is sent to you with a courtesy copy to the Libellees. Notice of Non-Response Notarial Protest or Certificate of Dishonor. (does not need a reply)

Notarial Protest is taken to the Secretary of State. The Secretary of State looks at the Notary seal to make sure it is current and that the Notary is duly commissioned and in good standing. The Secretary of State is required by Federal Law to grant an Apostle, which is a Seal of the State.

By doing this, the Secretary of State signifies that the protest is valid.

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Real Estate Administrative Process

Judgment issued by the notary. Lien against bank. UCC-1 filing puts a trust in place as lien against the bank. Owner becomes Creditor, Bank in now the Debtor, because the Homeowners Judgment is greater than the Lien.

Re conveyance/Satisfaction Deed of Trust Removal of Successor Trustee Rescind the Power of Attorney off the Bank Removes everything the lender did before the judgment

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Real Estate Administrative ProcessYou do not go into court. No Judge has to review the package for the simple reason that the judgment has already been secured in the private sector because the defendant (the bank(s) have already admitted their guilt through the Administrative Procedure. Remember: silence is acquiescence, accepting what we put in writing. Now you have a Registered Federal Judgment against the bank. You take this judgment to the county where your property is located and record it in your county recorder’s office. At this point you have a lien against the bank. Your lien against the bank is much higher than the bank’s lien against your property

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Death of a Short Sale

• Upside-down, going after a Short Sale, do our Real Estate Administrative Process (REAP) first

• Then when you go to sell, it will sell faster, for a higher price, seller can walk away with proceeds of the sale

• The ideal candidate is someone who has to sell their home because of either needing some place different or they can’t afford to make another mortgage payment and keep their home

• If you’re a Real Estate Agent than make sure you have a buyer with a fully ratified purchase and sale agreement before introducing this option to your client the seller, because while what I do never cuts off anyone’s client relationship, your seller may change their mind and want to keep the property after they get their equity back

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Get Started

• Meet with us (or the person who invited you) for a No Obligation pre-screening consultation

• Submit your application and payment with all the required documents

• Our processing center will call you to confirm, then send you the agreement for the specific type of Investigation

• You will receive your document package

• You will be instructed on the next process and our staff will coach you every step of the way

• Our services are for primary residences, second homes, investment properties and commercial properties

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Now you know:

The cause of the Mortgage crises

Material evidence we are finding of Lender wrongdoing

How Lender Violations can be used to get your equity back

Results we are getting for our clients

Death of a Short Sale

Banks are living on a bluff

Relying on our ignorance to get away with it

Relying on our fear of the unknown not to get started

Relying on our piggybank that we won’t have the money to hire Industry Professionals to help

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Real Estate Administrative Process

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Revive Your World™ through (ESG) and Take Control of your Home Ownership by learning your rights and knowing yourhave options

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