PNC Loan Modification. . . .

Hud, this BANKSTER thought they could present to the Court in a RULE 120 hearing a NOTE (adj arm),Adj rate Rider, and Deed of Trust that was recorded in Douglas County in 2002 to Foreclose in a Rule 120.

Hud, these KIDS of yours really do not know the MIDDLE CLASS much do they?  White Collar crime used to be called “SUITS” back in the day.  Do you remember?

White collar crimes invoke non-threatening images of guys in suits,  unfortunately, the view of a Homeowner going to a RULE 120 hearing invoke images of a “Dead-beat”. I am hoping to show through this BLOG, that a HOMEOWNER in a situation of DISTRESS is anything But a DEAD BEAT!

How can a HOMEOWNER show UNCLEAN HANDS if not in a rule 120 hearing WHERE?????

PNC loan Modification MERS?  Click on Link

The loan modification that PNC BANK had recorded with the United States of America Sec of  Housing and Urban Developement has a “Deed of Trust to Secure Debt” instrument dated Jan 10,2001 and recorded Jan 16,2001 in book 1949/pg 472

Oh and HUD just so you Know  Here’s a recent UPDATE:

UPDATE MAY 8, 2012-Federal regulators are poised to crack down on eight financial firms that are not part of the recent government settlement over home foreclosure practices involving sloppy, inaccurate or forged documents.

HUD, as a Parent, I am just keeping you in the LOOP about those KIDS of yours.  Yes, PNC is one of those eight financial firms.  And HUD, this Loan modification might be a good example…..I’m just saying. . . .

There’s a good article on the NET about Foreclosures and MERS  take yourhomeback.com Is the source and     42. The document includes any type of bar code that was not added by the local registrar or filing clerk for such instruments.

Well I hate to be the one to tell you this but that LOAN MODIFICATION you have in your office from PNC looks like a BAR CODE in the top right corner.  that might be a sign that the documents you have may be FRAUDULENT or BOGUS. . .   Oh I had a DEED OF TRUST in Jan 16,2001 with M and T BANK out of New York, but PNC has the 2002 NOTE and DEED they are trying to foreclose on in court?

Is this PNC trying to foreclose or is it Castle and Stawiarski?

And HUD, here’s the Really BIG PART that BITES!  PNC never transferred that loan modification on Dec 01, 2011  My payment book from 2011 doesn’t reflect this Loan modification of $765.11 which would have been  NICE by the way!

TRANSFER Sec 131 VIOLATION  click on link

HUD in case you forgot what SEC 131 is of the Truth-in-Lending act, well I’ll fresh your memory.  You see HUD the FDIC  well heck……I’ll just paste and Copy the RULE for you. . .

§ 131. Liability of assignees

(a) Except as otherwise specifically provided in this title, any civil action for a violation of this title or proceeding under section 108 which may be brought against a creditor may be maintained against any assignee of such creditor only if the violation for which such action or proceeding is brought is apparent on the face of the disclosure statement, except where the assignment was involuntary. For the purpose of this section, a violation apparent on the face of the disclosure statement includes, but is not limited to (1) a disclosure which can be determined to be incomplete or inaccurate from the face of the disclosure statement or other documents assigned, or (2) a disclosure which does not use the terms required to be used by this title.

(b) Except as provided in section 125(c), in any action or proceeding by or against any subsequent assignee of the original creditor without knowledge to the contrary by the

assignee when he acquires the obligation, written acknowledgement of receipt by a person to whom a statement is required to be given pursuant to this title shall be conclusive proof of the delivery thereof and, except as provided in subsection (a), of compliance with this chapter. This section does not affect the rights of the obligor in any action against the original creditor.

(c) Any consumer who has the right to rescind a transaction under section 125 may rescind the transaction as against any assignee of the obligation.

(d) RIGHTS UPON ASSIGNMENT OF CERTAIN MORTGAGES.–

(1) IN GENERAL.–Any person who purchases or is otherwise assigned a mortgage referred to in section 103(aa) shall be subject to all claims and defenses with respect to that mortgage that the consumer could assert against the creditor of the mortgage, unless the purchaser or assignee demonstrates, by a preponderance of the evidence, that a reasonable person exercising ordinary due diligence, could not determine, based on the documentation required by this title, the itemization of the amount financed, and other disclosure of disbursements that the mortgage was a mortgage referred to in section 103(aa). The preceding sentence does not affect rights of a consumer under subsection (a), (b), or (c) of this section or any other provision of this title.

(2) LIMITATION ON DAMAGES.–Notwithstanding any other provision of law, relief provided as a result of any action made permissible by paragraph (1) may not exceed–

(A) with respect to actions based upon a violation of this title, the amount specified in section 130; and

(B) with respect to all other causes of action, the sum of–

(i) the amount of all remaining indebtedness; and

(ii) the total amount paid by the consumer in connection with the transaction.

(3) OFFSET.–The amount of damages that may be awarded under paragraph (2)(B) shall be reduced by the amount of any damages awarded under paragraph (2)(A).

(4) NOTICE.–Any person who sells or otherwise assigns a mortgage referred to in section 103(aa) shall include a prominent notice of the potential liability under this subsection as determined by the Board.

(e) LIABILITY OF ASSIGNEE FOR CONSUMER CREDIT TRANSACTIONS SECURED BY REAL PROPERTY.–

(1) IN GENERAL.–Except as otherwise specifically provided in this title, any civil action against a creditor for a violation of this title, and any proceeding under section 108 against a creditor, with respect to a consumer credit transaction secured by real property may be maintained against any assignee of such creditor only if–

(A) the violation for which such action or proceeding is brought is apparent on the face of the disclosure statement provided in connection with such transaction pursuant to this title; and

(B) the assignment to the assignee was voluntary.

(2) VIOLATION APPARENT TO THE FACE OF THE DISCLOSURE DESCRIBED.–For the purpose of this section, a violation is apparent on the face of the disclosure statement if–

(A) the disclosure can be determined to be incomplete or inaccurate by a comparison among the disclosure statement, any itemization of the amount financed, the note, or any other disclosure of disbursement; or

(B) the disclosure statement does not use the terms or format required to be used by this title.

(f) TREATMENT OF SERVICER.–

(1) IN GENERAL.–A servicer of a consumer obligation arising from a consumer credit transaction shall not be treated as an assignee of such obligation for purposes of this section unless the servicer is or was the owner of the obligation.

(2) SERVICER NOT TREATED AS OWNER ON BASIS OF ASSIGNEMENT FOR ADMINISTRATIVE CONVENIENCE.–A servicer of a consumer obligation arising from a consumer credit transaction shall not be treated as the owner of the obligation for purposes of this section on the basis of an assignment of the obligation from the creditor or another assignee to the servicer solely for the administrative convenience of the servicer in

servicing the obligation. Upon written request by the obligor, the servicer shall provide the obligor, to the best knowledge of the servicer, with the name, address, and telephone number of the owner of the obligation or the master servicer of the obligation.

(3) SERVICER DEFINED.–For purposes of this subsection, the term servicer’ has the same meaning as in section 6(i)(2) of the Real Estate Settlement Procedures Act of 1974.

(4) APPLICABILITY.–This subsection shall apply to all consumer credit transactions in existence or consummated on or after the date of the enactment of the Truth in Lending Act Amendments of 1995.

[Codified to 15 U.S.C. 1641]

[Source: Section 131 of title I of the Act of May 29, 1968 (Pub. L. No. 90–321; 82 Stat. 157), effective July 1, 1969, as amended by section 616 of title VI of the Act of March 31, 1980 (Pub. L. No. 96–221; 94 Stat. 182), effective October 1, 1982; section 153(c) of title I of the Act of September 23, 1994 (Pub. L. No. 103–325; 108 Stat. 2195), effective September 23, 1994; section 7 of the Act of September 30, 1995 (Pub. L. No. 104–29; 109 Stat. 274), effective September 30, 1995]

So HUD, that “KID” of yours, PNC, well they are kinda in violation of this SEC 131, among other things.  HUD, you kinda have a PROBLEM KID there I’m thinking.  I printed out the BOOK and PAGE that PNC told you was recorded in Douglas County….and well….HUD……It’s BLANK…doesn’t exist!

Now is that PNC or is it Castle and Stawiarski?  Not sure about that. . .

ANd HUD….Here’s the BIGGEST CONCERN……That DEED of TRUST from 2001…like what is UP with that?  Seriously……is it floating around in MERS?  Hummmmm

BRING IT. . . . cause that’s how the MIDDLECLASS roles. . .  .

4 responses to “PNC Loan Modification. . . .

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