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Neilander and sonNeilanders vs. Goliath In Suing RMS Residential Properties and Special Loan Servicing

 

PiggyBankBlog Courtroom Bailiff: “All rise! The Honorable Judge John Wright has entered the Courtroom of Public Opinion!”

 

“There was a giant who was bullying and harassing the children in the village.  One day — a 17 year old shepherd boy came to visit his brothers and asked: ‘Why don’t you stand up and fight the giant?’  The brothers were terrified and they replied: ‘Don’t you see he is too big to hit?’  But David said:  ‘No! He is not too big to hit! He is too big to miss.’  In the end David killed the giant with a sling.”

Those were the words of Darrell Neilander.

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Mr. and Mrs. Neilander bought their three bedroom home in Connecticut in 2006 for themselves and their three small children.  Aegis Lending Corporation originated their loan. It seemed that they were living the American Dream.  That was until the Neilanders started reading various blogs and news articles that informed them that their “American Dream” might have turned into an “American Nightmare” because of what the commercial banks had done as a result of their greed.  This is when the Neilanders found out that American homeowners around the nation might be making their mortgage payment to the wrong company.  Apparently — they learned that in most cases there are multiple trusts and multiple beneficiaries existing.  This makes it virtually impossible for the correct owner of the debt to be accurately identified.

Listen – I borrowed the money and I want to pay the loan back.  However – I am not going to pay the wrong person and have some creditor come out in a couple of years and say – you owe me now!’  You paid the wrong person!” — according to Darell Neilander.

That is why Mr. Neilander had two very simple questions for the company that said they were hired to service the Neilander’s loan for the investor.  This company is Specialized Loan Servicing (SLS).

Darrell NeilanderMr. Neilander’s questions were and still are:

  1. Who should he pay?
  2. Who does he owe the money to?

“If these alleged creditors have nothing to hide — why don’t they just show me the legal documents that we requested that shows they own the loan? Certainly — it should be no problem — if the alleged creditor has nothing to hide — right?”  — according to Darrell Neilander.

The Neilander’s thought these were simple questions.  However — they thought wrong — because the Neilanders have been asking those same questions for almost two years now and still no answer.  This is because the potentially irregular — fraudulent — illegal and simply abusive servicing company (Specialized Loan Servicing) or (SLS) told the Neilanders that they did not have the right to know the answer to these questions.

The story I am about to tell you started with two simple questions.  However — it would develop into a much larger story involving lawsuits — intimidation — and — a potential bank conspiracy.  The bank seemed to be attempting to strip Mr. and Mrs. Neilander of their fundamental right to life – liberty and the pursuit of happiness — even denying them the 1st Amendment right to freedom of speech.

Therefore –Ladies and Gentlemen of The Court of Public Opinion — it gives me great pleasure to introduce to you the real story of David and Goliath!

In October of 2011 — Mr. and Mrs. Neilander decided to fight back.  They filed a lawsuit in federal court against both RMS Residential Properties LLC. (The alleged owner of the Debt.) and Specialized Loan Servicing LLC (SLS) (the alleged Servicer of the Debt) for violations of the FDCPA and the FCRA and the Connecticut Unfair Trade Practices Act– doing so as “pro se” litigants. — click here

neilander and wifeMr. and Mrs. Neilander asked how an entity that cannot prove they have interest in the debt:

  1. Collect on that debt?
  2. Report the Neilanders to the credit bureaus?

Specialized Loan Servicing (SLS) and RMS Residential Properties LLC continue to refuse to prove to the Neilanders that they legitimately own the debt.  Therefore — Mr. and Mrs. Neilander allege that they are in violation of the law.  Also they allege that the attorneys representing these alleged creditors are potentially using “mafia like tactics”; trying to intimidate Mr. Neilander and his family because they filed this lawsuit.

First Law Firm the bank hired:

According to Mr. Neilander — the Law Offices of Bendett and McHugh said they would sue him and foreclose on his home if he did not pay the alleged creditor.  Neilander was basically informed that the creditor does not have to prove anything.  That is why they told him to just “pay or else.”  I mean — what next? Were they going to next say something like – “Cough up the money?” (tongue-in-cheek) (Wink)  Or — were they going to send someone to the Neilander’s house to intimidate his family?  Well that is exactly what they did according to Mr. Neilander.  There seemed to be strangers coming to their home—the home where Mr. and Mrs. Neilander are raising their three small children.  It was at this point, that Mr. Neilander became concerned for his safety and that of his family.  Mr. Neilander contacted one of the bank attorneys from the second law firm representing the bank.  That’s right!  I said the “Second Law Firm” the bank hired to go against the Neilanders.

Second Law Firm the bank hired

Mr. Neilander asked Attorney Martha Croog if she knew anything about the strangers potentially stalking his family.  Attorney Martha Croog acted completely appalled that he would even suggest such a thing — according to Darrell Neilander.  She then categorically denied the allegation that the lawyers had any knowledge of any such thing.  However — once Mr. Neilander informed Martha Croog that he would be asking the police to investigate and inform the judge in the case — (The Honorable Judge Janet Hall) — all of a sudden Ms. Croog’s memory seemed to come back.  She now admitted to Mr. Neilander that her clients (SLS and RMS) were indeed sending some unknown strangers to their home.  However — Attorney Martha Croog absolutely refused to give Mr. Neilander the name of these strangers who came to his house.  She simply said — “We won’t send them to your home anymore.” — Neilander vs. His Attorney

Wait a minute!  Didn’t Croog just say that it was her client that sent the strangers and not the law firm?

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Therefore — why would she say — “we won’t send them to your home anymore” — while at the same time — acting like she had the authority to stop it?  Could it be because it actually was the law firm who had sent them? (Picture is of Martha Croog in upper right) Darrell Neilander writes about Croog ordeal

Third Law Firm the bank hired.

  • Valerie Doble (Changed to Valerie Kloecker to Valerie Doble)
    Hinshaw & Culbertson of Boston (one of the largest law firms in the nation)

    http://www.hinshawlaw.com

Attorney Valerie Doble recently filed a motion to the court to try and stop the Neilanders from telling their story to the press.  In other words — she is trying to stop the Neilanders from telling their story to Piggybankblog.com.  However — slap me Five Valerie Doble!  Up high!  Down low!  Too slow!  That’s because the Neilanders have already told Piggybankblog.com their story!  This was done long before any such motion was made to the court. — Valerie click here

Now the question is — why would (RMS) Residential Properties LLC and (SLS) Specialized Loan Servicing need to hire three law firms — one being the largest in the nation — just to answer two simple questions?

  1. Who should the Neilander’s pay?
  2. Who do the Neilanders owe the money to?

I will let you know why this blogger thinks (RMS) Residential Properties LLC and (SLS) Specialized Loan Servicing have hired three law firms and seem worried.  Because — I believe it is very likely that there exists multiple trusts and multiple beneficiariesConsequently making it impossible for the correct owner of the debt to be identified.  How did this happen? It might have happened when Mr. and Mrs. Neilander from Connecticut had their loan originated from a company named –“Aegis Lending Corporation” in the year 2006.  I am guessing that “Aegis Lending Corporationmost likely created — then sold off these loans. Countrywide Home Loans Inc. and others made the very same potentially irresponsible and greedy maneuver.  With the pealing of the Glass- Steagall Act 1999 — the banks were virtually unregulated — which is why they probably used very little to no income verification as they planned on selling those loans off as mortgage backed securities to investors— making them someone else’s problem.  Incidentally — that “someone else” would end up being “YOU” the taxpayer.

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In the end — the taxpayer would end up being forced to pay a WHOPPING 16.6 TRILLION DOLLAR BAILOUT.

This bailout was given to Bank of America and JPMorgan Chase and Wells Fargo and Citibank and others — so they could buy and thus save the investment banks like Morgan Stanley and Merrill Lynch; buy them and save them from collapsing as a result of those bad loans that the commercial banks sold them in the first place.  Out of greed, the mortgage loans were given to people with little to no income verification.  Oh by the way!  They did not save Lehman Brothers and Dick Fold.  Sorry Dick!

The simple fact is that the crash of the investment banks would have been the shot that was heard around the world.  It basically would have delivered the United States of America and the world into an economic Armageddon of Biblical proportions.  It was done in a way that would have made “The Great Depression” look more like “The Great Recession” in comparison.  That is why the expert’s theorized that it was the banks messing with Wall Street that caused the Great Depression.  That is why they passed the Glass- Steagall Act in 1999 to stop the Banks from messing with Wall Street again.  However — the Clinton administration was able to get the Glass-Steagall Act repealed.  This action was the main cause of this economic crisis—landing us where we are now.

Well — look at the bright side! For example — we have not been able to stop “thinking about tomorrow” ever since Bill Clinton was able to deregulate the banks.

Thumbs down to Bill Clinton!

So the problem was a dry up of credit.  That is what caused the Great Depression.  In this case the very banks who collapsed the economy stopped loaning money.  Why?  Well they simply knew that very few people would be in a position to pay back the loans after what they did to the economy.  However — there was also another reason — after they found out that the banks were giving loans to people with little to no income verification the loans were downgraded — the investors stopped investing.  That is when they started pulling your equity line of credit.  Do you remember that time?  That was such a fun time — wasn’t it?  Well now you know why they pulled your equity line of credit.  They simply had inside information that you the taxpayer and homeowner did not have.

So that is why the banks were given a bailout.  The government simply needed the banks to loan money to small businesses. After all — small businesses make up something like 85% of the economy.  Unfortunately — the banks took the bailout money and gave themselves bonuses instead of loaning the money to small business owners.

The commercial banks had collapsed the American economy in a way that only Bin Laden could have dreamed of doing. It is exactly why it was ironic that former President Bush was protecting us from what he perceived to be a foreign enemy and threat — Saddam Hussein and Iraq — when the real enemy and threat was right here in our own backyard ………the commercial banks. Ironically — one of the commercial banks that played a major role in all this would bear our own name.  The name of that bank was Bank of America — or — what I like to refer to as:

Bank of Destroying The American Dream.

Now — before you think I am crazy — I need to remind you that Congresswoman Marcy Kaptur agrees with me.

My dream is to one day shake the hand of Congresswoman Marcy Kaptur.  This is because she is a hero!

“Aegis Lending Corporation”:

“Aegis Lending Corporation” was where the Neilanders’ loan originated. Aegis has been listed as one of the top 25 subprime lenders.  For example — it has been estimated that they are responsible for taking in at least $11.5 billion in subprime loans. – Source

Aegis Lending Corporation is also a subsidiary of the parent company named Aegis Mortgage Corporation.  This is much in the same way that Bac Home Loans is a subsidiary of the parent company named Bank of America.  Aegis Mortgage Corporation was the head of a diversified family of lending institutions.  It has four lending subsidiaries: Aegis Lending Corporation, — Aegis Wholesale Corporation — Aegis Funding Corporation (which also uses the trade name Aegis Home Equity) and Aegis Correspondent Corporations. – Source

In 1998 a private investment firm named Cerberus Capital Management bought a controlling stake in the Houston-based mortgage lender Aegis Mortgage Company. — Source  Cerberus Capital Management is an American private equity firm.  The firm is based in New York City — and run by financier Steve Feinberg — who co-founded Cerberus in 1992 with William L. Richter who currently serves as Senior Managing Director.  The firm has affiliates and/or advisory offices in the United States — Europe and Asia.

Cerberus is named for the mythological three-headed dog that guarded the gates of Hades. Hades once translated means “hell” in the Holy Scriptures.  T hat is why the old saying that sometimes hell is paved with good intentions may ring true after all (tongue – in – cheek).

Now Feinberg has stated to his employees that while the Cerberus name seemed like a good idea at the time (he did? WTF?)
he later regretted naming the company after the mythological dog.  At this point — however — the firm’s name has significant brand equity.  I am guessing that the short version of the brand version might be 666.  That is if you do the math on three dog heads representing the three places where they are located such as the United States — Europe and Asia.  Therefore — thanks to the Great Mortgage Crisis — I guess we have finally solved the three headed wild beast spoken about in the book of Revelations. lol

Dan Quayle, former Vice President of the United States 1989-1993 — who served with former President George H. W. Bush (Senior) — has apparently finally learned the correct way to spell the word potato.

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That must have been a proud day for the Republicans.

Fortunately for Dan Quayle he may not have been smart enough to be Vice President of the United States because of the Potato incident with an (e) at the end of ii.  Nevertheless he was apparently smart enough to end up joining Cerberus in 1999 and is chairman of the company’s Global Investments division.  This is because he must have learned how to spell “mortgage backed securities” instead. – Wikipedia

In August 2007 — Cerberus announced that it was closing “Aegis Mortgage Corporation”.

On August 8th, 2007 — the state of Connecticut issued a then-moot cease and desist order to make sure “Aegis’ made no further loans. – Source

Then August 13th, 2007 — “Aegis Mortgage Corporation” filed for Chapter 11 bankruptcy in Delaware to seek protection from its creditors.  They said — “extreme changes in the market conditions — coupled with the rapid decline in the secondary mortgage market severely affected its operation and led to this filing.”  In other words — no-one probably wanted to buy their shit loans once they figured out they were giving loans to people who should not have qualified.  Nevertheless — Aegis Mortgage Acceleration Corporation has now changed its name to “Equity Accelerator Program” since the bankruptcy.  Essentially, they are no longer “Aegis Mortgage Corporation”.

“Equity Accelerator Program” may be reached at 800-549-6445, or P. O. Box 6506 , Englewood, CO 80155-6506.  That is if you need records that “Aegis Mortgage Corporation “had while they were existing. — further information

It is very likely that there could be a problem for investors — including Fannie and Freddie. For example — Fannie and Freddie also bought these loans from the commercial bank or lenders such as Aegis Lending Corporation and Countrywide.  It is most likely that the lenders and investors did not legally or properly transfer the ownership of these loans when they sold them.  What does this mean?  Well — it could mean that the entity foreclosing on your home does not really own the debt — simply because the paperwork is either lost or all done wrong.  It also could mean that the RMS Residential Properties LLC might not have the proper paperwork to show that they own the Neilander’s loan because of MORTGAGE FRAUD.

Mortgage Fraud in the past ten years:

Hundreds of thousands of residential mortgages were bundled together (often in groups of about 5,000 mortgages and other negotiable instruments with an average worth of 1 billion dollars) Investors were offered the opportunity to buy shares of each bundle/certificates.  This process is called securitization. Securitization is a structured finance process that distributes risk by aggregating debt instruments in a pool — then issues new securities backed by the pool.  The term “Securitization” is derived from the fact that the forms of financial instruments used to obtain funds from the investors are securities.  As a portfolio risk backed by amortizing cash flows – and unlike general corporate debt – the credit quality of securitized debt is non-stationary due to changes in volatility that are time-structured dependent.  If the transaction is properly structured and the pool performs as expected — the credit risk of all tranches of structured debt improves; if improperly structured — the affected tranches will experience dramatic credit deterioration and loss. All assets can be securitized so long as they are associated with cash flow.  Hence — the securities which are the outcome of securitization processes are termed asset-backed securities (ABS).  From this perspective — securitization could also be defined as a financial process leading to an issue of an ABS.  This is a highly complex process which was developed by Wall Street.  Basically — Wall Street figured a way to turn a 30 year mortgage — with small monthly payments — into instant — large sums of cash — which could and were sold before the borrower even signed the Note. It was then sold or pledged and/or utilized multiple times over. – Source

This youtube below shows you how it works:

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Now you understand why I always tell you that it is very likely that there are multiple trusts and multiple beneficiaries existing at the time of the foreclosure.  This ultimately makes it impossible for the correct investor to accurately identify the correct owner of the debt.  That means there has been a break in the chain of title.

U.C.C. provision, U.C.C. §3-305(c): “An obligor is not obliged to pay the instrument if the person seeking enforcement of the instrument does not have rights of a holder in due course and the obligor proves that the instrument is a lost or stolen instrument.” – read more laws

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However — this is a very complex issue — which is why judges and politicians are having a hard time wrapping their mind around it.  This is because the banks have done an excellent job in creating subsidiary – after subsidiary – after subsidiary — and — affiliate – after affiliate – after affiliate – and — corporate veil – after corporate veil – after corporate veil.  They do this just so they can hide behind all the companies they created or contracted to avoid ever being held accountable.

Therefore — unfortunately — I am guessing that the Honorable Judge Janet Hall has been watching Darrell Neilander and the bank attorney going back and forth in court.  This will be all while Mr. Neilander will likely continue to ask the bank attorney over and over again the following:

  1. Who owned his loan?
  2. When did they own it?

I bet you they will refuse to answer it! Do you know why? Because I don’t think they know!

Nevertheless — it is a complex issue — which is why to the judge it will probably simply look a lot like something out of that Abbot and Costello standup.  For example — let’s pretend that you are the judge watching Darrell (Abbott) ask the bank attorney (Costello) who owns whatwhenwhere and how the loan was sold and bought.  The attorney and the bank will simply answer back in the same way that Costello answers Abbott in this you tube below.

It is ultimately the reason I wonder if the judge will be able to follow the conversation in a way that they can wrap their mind around what company owned the loan at what time — and — drum roll please — who owns it now?  That is when Neilander should just present Exhibit A. Exhibit A is a hot dog. Then Neilander should explain to the judge that the bank is not able to identify the owner of the debt in the same way that the judge can not tell Neilander which chicken or pig was used in what part of Exhibit A — (hot dog).

Hot Dog

The simple fact is that to find out who is the rightful owner of these loans one might compare it to trying to find out who gave the order to shoot John F. Kennedy that awful day in Texas.  Because– if it was a conspiracy — I guarantee you that the shooters did not even know who gave the order to shoot.  However — unlike the Kennedy conspiracy — all one has to do is follow the money to find out who is behind this conspiracy.  That is why the United States Justice Department might just have to put up a chart in courtroom like they did with Al Capone to describe how all roads lead to Rome.

Now — with that being understood – the judge may wonder why the other investors are not making any claims to the loan if there are multiple investors and multiple beneficiaries.  The judge simply might not be understanding that they are not making any claims because they have already been paid off by the insurance company.  Therefore — in the end  –we hope that the Honorable Judge Janet Hall and all judges will realize that basically it one big insurance fraud scam from the beginning – to middle – to end.  The end being that you the taxpayer were scammed out of 16.6 trillion dollars and your homes.

Now the Neilanders are suing RMS. What does that mean to RMS?  It means there are NO REFUNDS from where RMS bought the loan.  They might have forgotten to read the fine print when they potentially bought those loans for pennies on the dollars.  This is not to mention the RMS investors might end up as pissed off at the RMS CEO as the investors were that sued Bank of America for using their money to buy potential crap.  Nevertheless — in the end — I guess that is what you get when you buy loans at the flea market (John shrugs his shoulders) (wink).

Piggybankblog contacted Residential Properties and Specialized Loan Servicing and all law firms for a statement.  We never heard back from them.

Welcome to the “American Nightmare” brought to you by the banks.

Piggybankblog Courtroom Bailiff: “All rise! .The Honorable Judge John Wright has left the Courtroom of Public Opinion!”

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