Category Archives: Rule 120

LAWYERS Listen up. . . .Here’s a story….especially the team of Castle Stawiarski, LLC. . .

Could it be that Castle Stawiarski know about LIBOR?????  They know about Numbers a little bit HUD.  Here’s a STORY….Hope you have a Cup a Joe or a BEER because it is sure to be an INTERESTING   READ. . . .

HUD I got another CORELOGIC order…You know that’s right HUD and this one is located in the Beautiful LARKSPUR.  Have you ever been there to Larkspur?

Well Castle Stawiarski,LLC are thinkin. . . . NED FILED  Click on link

This is rather NEW HUD. . . I thought I’d share some new information that is CURRENT since well my house isn’t that CURRENT anymore. . .

Once a UPON a Time in the Town of Castle Rock…..A Team of Lawyers thought they could file a NED on 4850 Crow Drive, Larkspur Colorado  and so they did. . . on 07/13/2012 the Combined Notice was Mailed.

NED FILED DOUGLAS COUNTY click on link  This team thought that the Beneficiary was CITIMORTGAGE,INC.  PT2012-0999

They said the Recording of this DEED OF TRUST was on DEC 28,2007  reception No. 2007099991.  Yes I did find a Deed of Trust .  The LENDER was Provident FUNDING ASS.  Under the laws of California but the Address is 5990 GREENWOOD PLAZA  BLVD, SUITE 104 GREENWOOD VILLAGE, CO  80111

OH wait maybe Provident should be called SYBIL (split personality) cause they have an address  of PO BOX 999  Burlingame,CA 94011  And it gets better since MERS IS THE BENEFICIARY under this security instrument.  DELAWARE  remember that word HUD it’s important

ASSIGNMENT of MERS as nominee for Provident Funding over to CITIMORTGAGE on 5/16/2012     REALLY. . . . . . .

How do I renew my notary? Is my notary renewable?Notaries ARE NOT RENEWABLE. All notaries must re-apply every four (4) years.

There also is another ASSignment on 5/23/2012  Instrument 2012037445              assignment dof t  click on link

warranty deed 12.18.2003    click on link     I’m not seeing ANY WARRANTY DEED to Whitney T Brigham ?  HUD that’s a little strange don’t you think?  OH wait  here it is a QUICK CLAIM. . . quick claim  click on link

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Filed under Denver post, HUD, Rule 120

Justice for Colorado HOMEOWNERS. . .

I began this BLOG on May 26,2012.  My intention was, and always has been, for Justice!                  31 days ago

The meaning of Justice, in my mind, is a CONCEPT of moral rightness based on ethics,rationality,law,natural law,or equity.

The Meaning of Law, in my mind, is in general, a rule of being or conduct, established by an authority able to enforce its will; a controlling regulation; how we as a society behave, according to what we ALL AGREE is Just.

Each term can be seen differently, each word has many meanings,but these are MY BELIEFS and how I conduct myself in this world.

This BLOG was titled RULE120 because I believe that is the LAST RESORT a homeowner has in COLORADO ( RULE120 Hearing).  It’s the ONLY place I am aware that a Homeowner can stand up for their “rights” against a lender.  There is NO PLACE else a Homeowner has, to share with a JUDGE, UNCLEAN hands of their Lender. Unless they file a law suit, and let’s be honest, a homeowner UNDER distress does not have the resources, normally, to address their LENDER in a lawsuit.

I will be the first to admit this is a MESS. I could blame a ton of folks but that is NOT my intent.  Most middle class folks have a home that is their BIGGEST investment.  Think about that for a moment.  A Home is where memories are made,money is spent,children are raised,neighborhoods  are built, kids should be SAFE,etc.  I believe that JUSTICE must and should be with a HOMEOWNER, not a lawyer,not a collection agency,not the government, and certainly not a LENDER.

I am not perfect, and my some of my co workers will say NEVER innocent.  I have tried to PROTECT the rights of people blogging,writing articles,etc by telling their stories,using their names, giving credit to the ARTIST’s who’s cartoons I believe reflect the here and now!  I am trying to “paint” a picture using PUBLIC RECORDS and hoping not to step on any COUNTY toes with Copyright laws.

I do however want to “STOMP” on injustice,fraud, wrong doing, law breakers,ethic violators,etc.  It’s a fine line…..a balancing act… but that is my INTENT with this BLOG.

I am in the FIRST and ONLY house I have ever purchased through a LENDER.  I was a FIRST time home buyer, qualified through a LOW INCOME program, and BELIEVED that the Government would protect me with a FHA LOAN.  I was not a REALTOR yet, Real Estate was not my chosen field in College, neither was LAW.

I have a bachelor’s degree from ISU and a Master’s Degree from UNC.  I put myself through College since I lost my Adopted parents by the age of 12.  I volunteered through search and rescue in Summit County, and have always found a way to give back to my community, never in the “conventional” sense.

I believe that the MIDDLE class, has STRONG values, but a weak voice.  I am SHOUTING, at the top of my LUNGS, for someone, ANYONE, to LISTEN….Step up….be a MAN HERE…. and protect the Homeowners who can not.  LET a RULE120, operate as it SHOULD, a place where a HOMEOWNER can show the court UNCLEAN HANDS in Colorado.

Collection Lawyers, who know or should know, they are representing a LENDER who has NO LEGAL right to take their equity home MUST have to FOLLOW that LAW. 

A LENDER who doesn’t control the NOTE or DEED of trust doesn’t have legal standing to INITIATE a foreclosure.  PERIOD, end of story. 

Colorado Law tries to address this issue by requiring those INITIATING a foreclosure to CERTIFY they are the “qualified holder” of the note and deed of trust.  There is a CHALLENGE here in that the certificates also contain a clause that the qualified holder will indemnify other parties if they are mistaken and the real owner shows up wanting the property.  NOT GOOD ENOUGH!

I have proven, in a court of LAW, that my lender, and their Lawyers do NOT have legal standing to foreclose.  But where does that leave me?  NO WHERE.

In what WORLD is that OK?  I have tried VERY HARD to work the SYSTEM, showing that a homeowner has NO RIGHTS, even if they PROVE in a COURT of LAW their Lender and Collection Lawyers have no legal standing to foreclose.

I have FILED COMPLAINTS, everywhere,OCC,SEC, HUD red ticket,DCHP counseling,The ATTORNEY GENERAL’s office, STOP FRAUD, state banks,etc.  Trust me, if there was a PLACE  that I found where I could file a COMPLAINT I did.

Dear Attorney Regulation Counsel  click on link

I even filed a FORMAL complaint with the Attorney Regulation Counsel here in Denver on June 21,2012.  I wanted these Lawyers, MEDVED and LCS financial to know that their behavior is UNETHICAL.  It was a complaint that I did not take lightly, but an indemnification clause at a RULE120 hearing is NOT OK.  You don’t get to VIOLATE my rights, even if the LAWs you have written to protect yourselves are in place in a rule120 hearing.  I want to be heard in your LICENSING BOARD, that what you are doing is UNETHICAL according to the OATH you took after a grueling bar exam.

Just a side NOTE, I became a REALTOR, after realizing what was done in a program designed for LOW INCOME folks, like me.  I wanted to be a VOICE, to be heard, to protect the AMERICAN DREAM.  This BLOG in my attempt to do just that! 

I am mindful of copyright’s and am doing my best to ensure those rights, of folks are protected in my blog, but that THEIR VOICES are being heard as well.  My computer doesn’t have the ability to directly link back to their articles,published blogs,etc.  So I have mentioned their NAMES, and noted to “google” where you can find them, when I can.  Thank you mostly to the BRAVE Author’s who have taken the time to write, share what they have found, to the Lawyers who are protecting my neighbor’s homes,etc.  The Artist’s who’s cartoons I have shared!  THANK YOU!

 

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Filed under Bank, Denver post, HUD, Rule 120

OCC case number omb no.1557-0232

PNC your letter is just one more LIE.   It’s been 15 days since you were contacted by OCC and a formal complaint against you.

PNC letter May25,2012   click on link

On May 22,2012 I filed a Complaint with the OCC.  In this complaint I was VERY specific.

1.  PNC tried to Foreclose on my house 2x’s now.  in 2009 and most recently on May 11,2012.

2.  The Judge Paul King DENIED the motion for foreclosure in a non-judicial court.  CASE   2012CV000415

3.  PNC provided the Court with a NOTE and Deed from 2002 that was an adjustable rate mortgage.

4.  Loan modification RECORDED with the UNITED STATES OF AMERICA SEC of Housing and Urban Development on Aug 2010.  This loan modification states there is a recorded DEED of TRUST from Jan 16,2001 Book 1949/pg 472 for a FIXED RATE FHA LOAN.

5.  NOT recorded in Douglas County clerk and Recorder and NOT 2002 note and deed PNC has filed a foreclosure on in Court.

6.  PNC has an UNSECURED NOTE which has been discharged (NOT  REAFFIRMED) from Chapter 7 on Mar 10,2009

7.  Red Ticket item with HUD and PNC transferred the 2002 Note and Deed on Dec 2011 from 2002 DIRECT violation of SEC 131 of the Federal Truth and Lending act.

8.  Violations that also come to mind  CRS 4-9-401,CRS 4-9-401(1), CRS 38-30-117,CRS 38-35-109 plus PNC reported to my credit Bureaus that my mortgage status was in Default for 4 years.

PNC, it must take a while for you to respond to ALL of the issues you are facing!  May I remind you that this started with you RETURNING my Jan 1,2012 mortgage payment for $1,700.00  PNC, YOU took it upon yourself to file a second Foreclosure on my house in Jan.2012 and choose to TRASH my name in the papers,etc.  All the while telling me  “We are committed to helping you retain your home”.  REALLY?

HUD, don’t pay these guys a DIME of the FHA insurance money for their UNCLEAN HANDS!

BRING IT!  Cause that is HOW the MIDDLE CLASS roles. . . .

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Filed under PNC BANK, Rule 120

PNC….rather Foreclose than take PAYMENT?

HUD what is really Interesting. . . is that with all my Communications with PNC (your KID) there is always a DIFFERENT code in the letters.

Well take for instance this Letter on Jan 17,2012 it is referring to my Jan 1,2012 LOAN payment.

PNC return CHECK click on link

On this Letter, there is a CODE PS640 009 VCA   and on the rest there are different codes?  HUD what do those codes mean?

Just wondering. . . .

Oh and the Letter, Yeah that was my Jan 1,2012 loan payment for $1,700.oo  it was Done electrically, so PNC had to send it back to me in a check form then….. so well ….they wanted to FORECLOSE instead I guess. . .  .

feb 28,20-12 $38,963.21  click on link

On this LETTER, just a few days after my mortgage check was returned, is LM021 022 SAY  HUD those must be SOME LAWYERS if they get paid $29,993.54 for a Loan foreclosure?  Seriously. . . Those Attorney Fees and Costs seem rather HIGH don’t you think?

HUD on  the Letter Dated Jan 17,2012 when PNC returned my Jan 1st mortgage payment (which was NOT A LOAN MODIFCATION PAYMENT) just for the record, they did say. . .

“Please keep in mind that any incurred expenses for legal consultation,property inspections,property maintenance that are permitted under the terms of your note,security instrument, and applicable state and federal law are your responsibility.”

HUD So the state of COLORADO and the FEDERAL government said it’s ok for PNC (your kid) to charge me $29,993.54?  Really?

AND the total due is $38,963.21 to be paid by 3/1/2014    Now HUD I know MATH can be cumbersome, but seriously  a BANK should have correct figures…..DON’T YOU THINK?

Last Question for the DAY HUD. . . WHY is my May 10,2012 letter from  PNC DAYTON, OHIO and my Jan and Feb 2012  Letter from PNC Miamisburg, OH?  Just wondering. . . . 

UPDATE FROM PNC  YESTERDAY (June 12,2012)  No Suprise from PNC.  The Letter says, “We continue to gather information and research our records in order to accurately respond to the inquiry.  We expect to contract you in writing with the results by JUNE 20,2012

pnc letter june 7  Click on Link

HUmmmm again with the waiting, well June 20,2012 is 30days since I filed a COMPLIANT with OCC.

BRING IT!!!! cause that’s how the MIDDLE CLASS roles. . .

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Filed under Bank, HUD, PNC BANK, Rule 120

PNC your paperwork is well…rather LATE!!!

HUD, got a letter from PNC sent on MAY 10,2012 which is rather late since I didn’t receive it until May 15,2012.

And well….my Court date for the RULE 120 was on May 11,2012  So Honestly HUD, I don’t see HOW I could have gotten this Letter from PNC in time for my court date?  Was that intentional?. . . Hummm.

PNC LETTER dated MAY 10,2011

Now HUD, in the letter, PNC (one of your KIDS) does say “NONETHELESS, our records indicate that we approved your loan modification on August 27,2010.”

smells funny

Really?  Than WHY is PNC trying to foreclose on a 2002 NOTE and DEED of TRUST?  Could it be that the Loan modification reveals a DEED of TRUST from  ONE M and T Bank out of NEW YORK in the MERS web????. . . . I think so. .. . and if the RULE120 hearing was approved ALL that paperwork would have gone POOF!

However, NOT APPROVED, DENIED, and the paperwork is SAFE!

Safe inside the VAULT

UPDATE FROM PNC YESTERDAY (June 12,2012) No Suprise from PNC. The Letter says, “We continue to gather information and research our records in order to accurately respond to the inquiry. We expect to contract you in writing with the results by JUNE 20,2012”  really?    well I’m waiting. . . .

pnc letter june 7 Click on Link

HUmmmm again with the waiting, well June 20,2012 is 30days since I filed a COMPLIANT with OCC.

BRING IT. . .  That’s how the MIDDLE class ROLES. . .  .

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Filed under M & T Mortgage, Rule 120, Uncategorized

DENIED Rule 120 Hearing In COLORADO

RULE 120 DENIED!

The Thing about a Rule 120 Hearing is that even after you get a DENIED by the Judge, you still have to stay on TOP of your file.  The lender posted a POSTPONE SALE with the Public Trustee on May 21,2012  for a new sale date of 6/27/2012.  They Have NO RIGHT to postpone after a JUDGE has RULED DENIED in a rule 120 hearing.  If you go to the Court in Colorado and go to the FILES, you can get a copy of the ORDER.  At the TOP of the Order is the Following from the Judge “The Moving Party is hereby ORDERED to provide a copy of this ORDER to any pro se parties who have entered an appearance in this action within 10 DAYS from the date of this ORDER.”  There is another page to this ORDER which states ” this document constitutes a ruling of the court and should be treated as such!!!

PNC BANK… BRING IT…cause that is how the MIDDLE CLASS ROLES in  this NEIGHBORHOOD of FOUNDERS VILLAGE. . . . . . . . . .

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Filed under Rule 120

Colorado Rule 120 Hearing May 11,2012 WON!

Rule 120 click on link!

     Case Number 2012CV000415  PNC Bank National Association vs ME

Yes, I too had a RULE 120 HEARING on May 11,2012 in Douglas County District Court with the Honorable Judge Paul King.  A rule 120 hearing is VERY Narrow in Scope as I was told by Both the Judge and The Lawyers (Michael MedVed) for PNC Bank National Association, Assigns,etc.

I had been tired of all the foreclosures in my Neighborhood, the Short Sales, and the family stories of what was happening right now.  I decided to take a stand against “BANKSTERS” and I will be the first to admit, not at all sure this fight was going to be worth it.  The COST was very great as I could loose my home in this process.

How else does a HOMEOWNER fight UNCLEAN HANDS?  Well I strongly believe that it starts with SOMEONE and well that someone is ME.  I decided to FIGHT.  I read alot of information on the internet regarding a rule 120, talked with alot of lawyers, and researched alot of information from the County Clerks office.

On Court day I was a nervous reck as you can image.  Not at all sure about ANYTHING in court, how things would go, what the procedures were, etc.  I was taking a Stand though, and I had strong information to bring before a Judge.

The Lawyer’s Rep (from Michael Medved) was there representing PNC bank.  She greeted me before we went into the court room.  She handed me a “PAPER” to look over saying she always liked to show folks before they went into the court room.  Hummmm  It was the Original NOTE signed by me and she pointed out “BLUE INK” signature.

Hummm. . .  I guess that was presented to me for 1 of 2 reasons:  One if I thought my defense was the PRODUCE the NOTE, well she wanted me to know she had it, or TWO to intimidate me prior to going into court.

We went into court and I asked her where I was to sit?  She said you’re the DEFENDANT, so you sit there.  Ok, not really knowing much about Court, I thought asking where to sit was a good question.

As the Court or proceeding began, both the lawyer and Judge pointed out to me that this Rule 120 was VERY NARROW.  I could see that already because I thought I had 1 hour but when I arrived at court there was 1/2 hr scheduled for my hearing and someone right after me.  The Lawyer explained, well normally these cases go pretty fast and the Judge may have thought 30 mins was enough time.

The Lawyer did her “thing”  talking about the original NOTE for 2002 and Deed of Trust and the Adj rate rider.  She brought on the PHONE a Mortgage Officer for PNC to talk about my loan,history,etc.  Than the Judge asked me, do I have any questions.  Yes, your Honor, I do have 1 question.  Ok he said come up here since the Speaker phone was on his desk.

I introduced myself to TJ ( the PNC rep on the phone) and reminded him that he was in a Court of law and it was in  fact the Honorable Judge Paul King’s Court.  He said he knew that.  OK my question. . . . Am I in a FIXED RATE Mortgage or an ADJ rate Mortgage?

He sighed a bit and hesitated… well he said “this note is an Adj Rate Mortgage”.  Not really my question, but either way, his answer was INTERESTING.

I had been working with Douglas County Housing Partners and HUD in the last 2 months.  It seems that PNC MORTGAGE/BANK/MERS told HUD I was in a FIXED RATE MORTGAGE and in fact that Mortgage was a Loan modification.  Hummmm I had check with the Clerk and Recorder in Douglas County and there was no recoding of a LOAN MODIFICATION or this fixed rate mortgage.

So HUD KINDLY sent DCHP an email with the notorized Loan modification that said it was recorded in Douglas County with the new terms,deed of trust that is ( well how can I put this FALSE) recorded with the UNITED STATES OF AMERICA SECRETARY OF HOUSING AND URBAN DEVELOPMENT.

I present that information to the Court and the Honorable Judge Paul King.  and I gave a copy to the Lawyer.  This Loan modification was dated Aug,2010 and the DEED of TRUST (false) said it was recorded in Jan 16,2001.

Not the 2002 NOTE that the Lawyer had filed a Foreclosure on that was recorded.  My evidence was strong, fit in the NARROW scope of a RULE 120 Hearing.  The Judge denied the motion.  AND still the Lawyers are ALLOWED to file a continuance with Douglas County Clerk and Recorder.

I gotta SAY Judge Paul King was an HONEST Judge.  He may not have liked the fact that I was unrepresented, or that this was a Rule 120 hearing which is mostly always approved, he may have even had his own ideas about Defaults, but he listened and looked at the evidence, and made a decision based on what he heard and saw.  That is all I could ask for in a Judge here in my town!

Hummmmmm. . . .

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May 26, 2012 · 8:43 PM