Dagwood

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Dagwood last won the day on February 24 2014

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  1. Thanks BV keep them coming any info is great . Without seeing the power of attorney we don't know. BUT I keep coming back to the issue no Representative from RMS signed the assignment
  2. AGREE , I started with validation letter and the qwr. Next step is filing a Ct Banking Commissioner complaint. During the the first 2 steps I was able to come up with at least several TILA violation in which the admitted to in there response to CFPB .So I will slowly and methodically preparing for a FED case FCRA FDCPA,..ect .
  3. TAKE A LOOK AT THIS LINK https://loanaudit.wordpress.com/2010/04/06/foreclosure-fraud-and-the-fdcpa/
  4. IT'S LIKE YOU ARE READING MY MIND . (Are you?) GREAT ANALYSIS I HAVE 2 SEPARATE CFPB CASES GOING. maybe I can get some info but doubtful CFPB seems to do nothing that these servicers are afraid of and dont really give the CFPB anything meaningful as far as info. But I do have other ideas. Seadragon may be able to help with Pooling& Servicing and help find the cut of date to add mortgages to the trust
  5. DON'T APOLOGIZE YOU'RE A MACHINE. KEEP IT COMING. It wasnt that I couldnt find anything on the trust It was to much stuff that I int need . Part of what I'm investigating is date the trust closed. Meaning, in the Pooling and Servicing Agreement it would state when a loan could go into the trust and when the trust was closed The assignment or "sale" was 2-3-15. Another big issue we need to get answered. Did RMS Trust sell this mortgage to Wilmington Take a good look at the Assignment. It's not signed by any representative of RMS Trust. I just had a protracted 2 year FDCPA suit with RMS I know all the players Wilmington VP John Doe was not a representative for RMS. So I am 99.9% certain he hold no position at RMS. But lets look a little deeper. The sale and assign is from RMS to Wilmington yet there is no signature from a RMS or anybody titled from RMS such as signed By: John Doe, Vice President RMS Trusts The only signature on it is say John Doe VP of Wilmington. Why you ponder, Im going to see If I can find The P&S Agreement in any of the links you sent PS can everyone see the attachment of the Orig Assignment
  6. (this appears to be a legit assignment.) Ok Fair enough can you answer any of the questions? why does it appear to be legit to you ​Please remember I dont ever mean any disrespect and I appreciate any help from all. I 'm only asking questions PS I am not in foreclosure or any litigation at this time. I do however have some evidence that the signer of this doc has no relationship or authority to sign for RMS. If you read the assignment the VP is not signing for RMS the seller he signing for the Buyer Wilmington. How can that be if RMS is selling to Wilmington.
  7. Hi Guys, I have a few questions in regards to this Mortgage Assignment and I need someone with the experience to spot possible fraud. I do understand without litigation, discovery, ect ect you cant know with a certainty. What i am trying to understand the form and what information could I search for or you can provide to help with my investigation. This is an assignment is from RMS Mortgage Asset Trust 2012-1 selling or assigning to Wilmington Savings Fund Society, FSB, Not In It's Individual Capacity But Solely As Trustee Of Primestar-H Fund II Trust. My questions relate to the legality and or form of the signatory on the assignment. RMS Mortgage Asset Trust 2012-1 By: Wilmington Savings Fund Society, FSB, Not In It's Individual Capacity But Solely As Trustee Of Primestar-H Fund II Trust. Attorney in Fact What does this mean ? Does it mean the signatory is signing for RMS? or Signing for Wilmington as attorney in fact? Attorney of Fact for who, RMS or Wilmington? Does the signer have to have some authority for signing for RMS, who is Assigning it to Wilmington? Whats the purpose of the signature below? Why would the signer be signing as Vice President for Wilmington Savings Fund Society, FSB, Not In It's Individual Capacity But Solely As Trustee Of Primestar-H Fund II Trust. Why would the VP for Wilmington signing by this title? If RMS is selling to Wilmington should the document be signed by a signatory of RMS Mortgage Asset Trust 2012-1 What do the experts think. Please Help
  8. Hi Guys, I have a few questions in regards to this Mortgage Assignment and I need someone with the experience to spot possible fraud. I do understand without litigation, discovery, ect ect you cant know with a certainty. What i am trying to understand the form and what information could I search for or you can provide to help with my investigation. This is an assignment is from RMS Mortgage Asset Trust 2012-1 selling or assigning to Wilmington Savings Fund Society, FSB, Not In It's Individual Capacity But Solely As Trustee Of Primestar-H Fund II Trust. My questions relate to the legality and or form of the signatory on the assignment. RMS Mortgage Asset Trust 2012-1 By: Wilmington Savings Fund Society, FSB, Not In It's Individual Capacity But Solely As Trustee Of Primestar-H Fund II Trust. Attorney in Fact What does this mean ? Does it mean the signatory is signing for RMS? or Signing for Wilmington as attorney in fact? Attorney of Fact for who, RMS or Wilmington? Does the signer have to have some authority for signing for RMS, who is Assigning it to Wilmington? Whats the purpose of the signature below? Why would the signer be signing as Vice President for Wilmington Savings Fund Society, FSB, Not In It's Individual Capacity But Solely As Trustee Of Primestar-H Fund II Trust. Why would the VP for Wilmington signing by this title? If RMS is selling to Wilmington should the document be signed by a signatory of RMS Mortgage Asset Trust 2012-1 What do the experts think. Please Help
  9. Bils v. Nixon, Hargrave, Devans & Doyle, 880 P.2d 743 (Ariz. App. 1994) (improper to get report to discover information which might be used in ligation); Duncan v. Handmaker, I49 F.3d 424, 426-28 (6th Cir. 1998) (no legitimate business needs to obtain report to prepare for litigation); Bakker v. Mckinnon,l52 F.3d 1007, l01I-12 (8th Cir. 1998) (same); Auriemma v. Montgomery, 860 f.2d273,219,280-281 (7th cir. 1998) (extra-judicial investigation by attorneys improper; no privilege); Mone v. Dranow, 945 F.2d306,308 (9th Cir. 1991) (obtaining credit report to investigate for purposes of litigation improper); Boothe v. TRW Credit Data, 557 F. Supp. 66,70-lI (S.D.N.Y. 1982); Rylewicz v. Beaton Services, Ltd., 698 F. Supp.. 1391, 1400 n. 10 Q.J.D. Il1. 1988), affd 888F.2d 1175,1181 (7th Cir. 1989); Houghton v. N.J. Maunfacturer's Ins. Co,795 F.2d 1144,7149 (3d Cir. 1986) (obtaining report after litigation for use in litigation improper).
  10. No they cant pull your credit during litigation. I think that may be a "impermissible purpose" Let the experts answer. Rice v. Montgomery ward & co., Inc. 450 F. Supp. 68g,670-72 (M.D. N.c. 197g) (Defendant violates FCRA if it obtains a consumer report on Plaintiff after plaintiff institutes an action against defendant. Such an inquiry is impermissible.);
  11. Don't take offense at what I say. I'm not picking on you. Just think about it. If you are no threat to them,they have no reason to negotiate with you. If you don't plan on defending the suit in any way they have no reason to do anything and they most likely wont. So all you have is to call the attorneys and ask them if they would like to negotiate. Try and bluff a little it wont hurt. But they know when they have someone in a corner. Tell them even if you don't fight back they will still have a hard time collecting because you dont have any money. Tell them if they negotiate the balance you may be able to borrow the money to pay them but the balance has to be reduced. They may take a reduced settlement instead of going to trial. Mentioning that you may be filing BK if they get a judgement always gets them thinking.
  12. Well lets be blunt. You don't want to, or cant put up a fight or challenge their suit. You have no leverage whats so ever. I guess you could call the attorneys and try to bluff. Tell them you plan on putting a vigorous defense, bla,bla,bla,. Maybe they will lower the balance for you to pay. You never know. But I highly doubt they will negotiate. You're not fighting back so they have you were they want you. But maybe just maybe you can grovel and beg to get a little discount. Choice of settlement is always yours and yours alone
  13. Well lets be blunt. You don't want to, or cant put a a fight or challenge to their suit. You have no leverage whats so ever. I guess you could call the attorneys and try to bluff. Tell them you plan on putting a vigorous defense, bla,bla,bla,. Maybe they will lower the balance for you to pay. You never know. But I highly doubt they will negotiate. You're not fighting back so they have you were they want you. But maybe just maybe you can grovel and beg to get a little discount. Choice of settlement is always yours and yours alone