Sunday, July 20, 2014

My Foreclosure Saga Against US Bank and BoA

This is the continuation of my foreclosure story.

The Springvale District Court saga:
In the Springvale District court, I gave proof that the bank’s lawyers showed TWO sets of originals of my note and mortgage deed. But, Judge Michael P. Cantara said it was just a different copying method. Now, how can an “original” deed be stamped that it’s an accurate and true copy of the original, and NOT be a copy? Then, magically, when at the hearing, they give what they say is the original deed WITHOUT that stamp and say that this is what they showed me when I gave the judge an exact copy of what they showed me and he says…it’s just a different copying method? Lie #1 and judge biased towards  the bank.

I pointed out that the copy of the note filed at the commencement of litigation wasn’t endorsed and the one showed to me and entered into evidence at the hearing 2 years later was. And even though the Maine Supreme court, the Prospectus and Security Agreement and Maine’s foreclosure statute 14-6321 says that ALL endorsements MUST be included at the commencement of litigation, Judge Cantara ignored this and scheduled the case for trial even though the bank didn’t have standing. Judge Cantara never questioned how or when the endorsement appeared on the note two years after the un-endorsed copy of that note was filed into the court. Judge biased towards the bank #2.

Also, that particular endorsement that magically appeared on the note was a stamp, stamped 17 months AFTER the closing of the trust fund SAIL 2006-3 and was stamped by David A. Spector who wasn’t working for Countrywide at the time of endorsement and hadn’t worked there for 14 months! But yet, Judge Cantara does not find this in the least bit strange and asks no questions as to how a man who no longer works for Countrywide and hadn’t for 14 months prior, endorsed a promissory note for that company he no longer worked for. Judge biased towards the bank #3.

The Assignment of mortgage from MERS to US Bank, NA was done 17 months after the trust fund’s closing.  How can a mortgage be assigned to a trust fund that is closed and can’t accept any more assets at the time of assignment? Judge biased towards the bank #4. And, it was done by MERS. First, MERS assigned the mortgage WITH the promissory note and this couldn’t be done as MERS had no interest in the note to be able to assign it to US Bank. In doing so, it voided the assignment. Judge biased towards the bank #5. Secondly, the Maine Supreme court ruled that MERS is not a mortgagee as defined by Maine’s foreclosure statute 14 - 6321 and only had the right to record the assignment. Thus, they passed on only that right to US Bank so US Bank had no standing to foreclose. So right there, Judge Cantara should have dismissed the case, but didn’t. Judge biased towards the bank #6.

Judge Cantara orders the bank to provide me all of my requested discovery materials in a timely manner before trial. He tells them that if they feel that the discovery request was unreasonable that they may ask the court to intervene under Rule 26(g). The plaintiff never made that request and never provided the requested discovery materials except for request #1 and then the PSA but only ON the day of trial.

Even though I requested a trial by jury, Judge Cantara scheduled both US Bank, NA’s foreclosure case and my counterclaim to be heard by a bench trial. The reason given (AT trial) was because the Maine Supreme court has ruled that all foreclosure cases are singularly an equity case when clearly, REAL property is at stake and the US Constitution and the Maine State Constitution states that when property is involved, a trial by jury can be requested. If it was truly only an equity case, then they should only be able to receive EQUITY…money…and not the property!

This isn’t complete yet….but I wanted to get some of this up now. Will update regularly and be adding documents so y’all can know the full story of the corruption of the Maine State Courts.

The York County Superior Court Saga:
Well, the Superior Court was acting as a "District Court" and Justice Fritzche was acting as "Judge Fritzche" because the District Court had a backlog which needed to be acted upon. I guess when the Superior Court has time on its hands, it can "lower its status" and work on District Court matters. So, this is part of my saga is really a continuation of the District Court section.

The Maine State Supreme Court Saga:

The US District Court of Maine Saga: