More on CA homeowner Niko Black’s eviction by Wells Fargo bank: Ms. Black never even had a mortgage with Wells Fargo

Yes the plot thickens and I did some research on Ms. Black’s situation. As you recall, Ms. Niko Black was illegally forced out of her home by the Orange County sheriffs and Wells Fargo despite a bankruptcy court order not to do. Well, I just learned that Ms. Black never had a mortgage with Wells Fargo:

Niko has owned her home for almost 20 years — and has lived there since she was a child. She never even had a mortgage with Wells Fargo, and has entered into a civil suit around the fraud they have perpetrated against her, fraud that goes back many years. After she filed bankruptcy, the court sided with Niko and put a stay on Wells Fargo’s eviction.

Niko posted the court order on her front door. Despite this, officers from the Sheriff’s Department along with Wells Fargo employees harassed her on several occasions. Finally, on October 10, 2012 officers broke into her home and forcibly evicted her.


And here is Ms. Black’s civil lawsuit and the defendants:

Niko Black v. National Mortgage Network et al 

 

Plaintiff: Niko Black
Defendants: Atlantic & Pacific Foreclosure Services LLC, Carrington Mortgage Loan Trust Series 2006-NC2, Carrington Mortgage Services Inc, DOES, National Mortgage Network and Wells Fargo Bank N.A.

Case Number: 8:2012cv00130
Filed: January 26, 2012

Court: California Central District Court
Presiding Judge: Josephine Staton Tucker
Referring Judge: Jean P Rosenbluth

Nature of Suit: Real Property – Foreclosure

Here is 10k SEC filing of Carrington Mortgage Loan Trust Series 2006-NC2:

UNITED STATES 
SECURITIES AND EXCHANGE COMMISSION
 
WASHINGTON, D.C. 20549

FORM 10-K/A 
Amendment No.1

(Mark one)

/X/ ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES 
EXCHANGE ACT OF 1934
 
For the fiscal year ended December 31, 2006

OR

/ / TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES 
EXCHANGE ACT OF 1934

Commission file number: 333-130210-03

Carrington Mortgage Loan Trust, Series 2006-NC2
(exact name of issuing entity as specified in its charter)

Stanwich Asset Acceptance Company, L.L.C.
(exact name of the depositor as specified in its charter)

Carrington Securities, LP
(exact name of the sponsor as specified in its charter)

New York                                          54-2197166(State or other jurisdiction of                   54-2197167incorporation or organization)                    (I.R.S. EmployerIdentification No.)
c/o Wells Fargo Bank, N.A.
 9062 Old Annapolis Road
 Columbia, MD                                21045
(Address of principal executive offices)    (Zip Code)

Now, bankupted New Century closed the sale of its mortgage servicing unit,which handled collections, to Greenwich, Connecticut-based hedge fund Carrington Capital Management LLC.  Therefore, Carrington Mortgage Services  serviced the loan from the bankrupted New Century. And Wells Fargo is the trustee according to the 8k and 424B5 prospectus filed with the SEC:

424B5 1 file1.htm

Prospectus Supplement dated June 16, 2006 (To Prospectus dated May 16, 2006)

$901,125,000 (APPROXIMATE)

[CCM CARRINGTON CAPITAL MANAGEMENT LOGO]

STANWICH ASSET ACCEPTANCE COMPANY, L.L.C.

DEPOSITOR

CARRINGTON MORTGAGE LOAN TRUST, SERIES 2006-NC2

ISSUING ENTITY

CARRINGTON SECURITIES, LP

SPONSOR

NEW CENTURY MORTGAGE CORPORATION

SERVICER

CARRINGTON MORTGAGE LOAN TRUST, SERIES 2006-NC2

ASSET-BACKED PASS-THROUGH CERTIFICATES

……….

SUMMARY

The following summary provides a brief description of material aspects of this
offering, and does not contain all of the information that you should consider
in making your investment decision. To understand the terms of the offered
certificates, you should read carefully this entire document and the prospectus.

Issuing entity................   Carrington Mortgage Loan Trust, Series
                                 2006-NC2.

Title of the offered
certificates..................   Carrington Mortgage Loan Trust, Series 2006-NC2
                                 Asset-Backed Pass-Through Certificates.

Depositor and Issuer..........   Stanwich Asset Acceptance Company, L.L.C.

Sponsor.......................   Carrington Securities, LP.

Originators...................   New Century Mortgage Corporation, a California
                                 Corporation, and Home123 Corporation, a
                                 California Corporation.

Servicer......................   New Century Mortgage Corporation.

Trustee.......................   Wells Fargo Bank, N.A.

93 responses to “More on CA homeowner Niko Black’s eviction by Wells Fargo bank: Ms. Black never even had a mortgage with Wells Fargo

  1. I feel bad for Niko Black. I don’t wish cancer on anyone. My prayers are with her But as far as the fraud on the mortgage she said that happened to her (it didn’t). Public records show a Deed of trust with her name spelled correctly on 3/25/2006 for a mortgage of about 436000 that paid off a mortgage from BNC for about 230000. She recieved about 200k in cash that she deposited in her bank which Wells Fargo we ask escrow for the cancelled check to prove that she got the money. And on 3/24/2006 she signed a grant deed to remove Vu Hu Nygen so that she can get the loan. As far as her signature was fraudlently signed it was not because all the docouments are exactly the same. She has lived in the house for at least 3 years without making a payment and she is working the system for more. The lawyer is not doing it por bono because he is getting paid by all the donation that people are sending in and the publicity and free advertisement.

  2. the WHOLE TRUTH matters

    Thank you, Ron! It is funny how nico failed to mention the extra $200,000 in cash, isn’t it. Will you please post the links or copies of the documents you found? Anything that I try to post as proof will be denied by the nico supporters as false because they do not want to believe they’ve all been duped.

    And if you read the justiceleague update on this, it appears that nico black has refinanced her home 5 times?!?! Wow…and how much money in cash did she get back each time?!

    If we keep pulling threads, this story will unravel and the TRUTH will come out. I completely agree that nobody is wishing illness or hardship on anyone, but nico is damaging people who really are having issues with banks that are not their fault as well as other cancer patients. Now whenever someone asks for help, the people who have been duped by this will not be as willing to give.

    • I would love to but there are 28 pages. I tried to scan them and put a pdf on this but it wont let me. It is all public record on a title search of the property. It is very easy for people to get.

  3. Okay…can we just all agree that some people (I won’t mention names… the WHOLE TRUTH matters) need to get a life…)

    I called Stephen Golden and left a message. His office called me back.
    Stephen Golden was asked to look into this by someone else and when they did, they took the case Pro bono…and if ya all has any questions feel free to call them.

    Anyway…
    He explained that the judge could only call Wells Fargo and the Orange County Sheriff’s Dept. to court to explain why he shouldn’t sanction them -that was ALL he had the authority to do.

    (The judge could choose to reprimand them privately in chambers…)

    The judge could NOT make them allow Niko back in her home or rule on the fraud…That’s a separate case.

    The law firm’s point is simply that even if Niko were healthy – did not suffer from cancer and even if she were white – not American Indian…How they treated Niko is how they do treat people everyday…and it’s wrong… and…FRAUD IS STILL FRAUD!!!!
    Niko will have her day in court, but Nov 13th was not it.
    Sense this has gone so public and has now come to the attention of Wells Fargo management, WF is attempting to work out some sort of way to allow Niko back in her home. (Ya think???)
    To date, Wells Fargo did let her back in to retrieve her medications and medical equipment.
    (Doesn’t that just warm your heart? See…some people that I won’t mention are right! The bank is the good guy and always has their records strait…because…ya know…they’re THE BANK…)
    Now I know “the WHOLE TRUTH matters” is going to get her panties all up in a wad over this…just let her…she’s made it kinda obvious that she can’t help herself…just do your self a favor and skip that post…
    But that aside..
    There’s a scene in the movie “North Country” a movie based on Jenson v. Eveleth Taconite Company
    and there’s a line Josie’s attorney used in court…
    “What are you supposed to do…when the ones with all the power are hurting those with none?
    Well, for starters, you stand up… You stand up and tell the truth.
    You stand up…even when you’re all alone. – You stand up…”
    So why is it that we tear Niko and others like her down? Dissect her?…Why is it that we can’t just stand up with her? What does that say about us?
    How would things change if each one of us, separately, decided to just stand up…enough already…could we stop this down hill train?
    Can one person make a difference?
    If Niko can stand up alone, then I can too. Will you?
    It’s a simple Yes or No question. ..

  4. The NOTE, which is the negotiable instrument (Like a check…)
    Is NOT recorded. ( I know…why the hell not? I think it should be)
    It can be…no statute against that, but it rarely is…
    Like a check, What is on the Note is what counts.

    Anyway, If it’s a MERS, then all transfers would be through that data base and bypass the recording requirements altogether (and the county recording fees!!!) leaving no trace in the county records.(How convenient…)

    AND all the docs would not be in the public records, they are stored in the collateral file with the custodian. It takes legal action to get the bank to produce the collateral file.

    A bank or other entity can and do record documents in the Public records(when they do record) that are fraudulent and can and do use fraudulent documents in the collateral file and the banks have now admitted this in the AG settlement.
    THEY ADMIT IT…

    Also the verdict in the DOCX case( one source of forged documents) is in:
    Brown pleaded GUILTY …to fraud…(I think she got thrown under the bus.or she fell on her sward)

    DOCX was not the only one doing this…Does anyone get it yet?
    This is wide spread. Over ONE MILLION …fraudulent documents were ordered by banks, attorneys and trustees from this one company alone…including Wells Fargo…to gain possession of our homes…

    Niko’s case is just the tip of the ice burg…
    Wake up…
    Does anyone wonder why there has been such massive effort to dislodge millions of people from their property and break up communities???
    Does anyone see the bigger picture here?

    Okay…they take your property and they come after your guns…Think…who did that in the past and what happened?
    Yep…England ….and the American Revolution…
    Good job class…

    stopforeclosure.com:
    INDICTMENT | Lorraine Brown, Former Founder of DOCX – 2012-11-20
    UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION UNITED STATES OF AMERICA vs LORRAINE BROWN EXCERPT: LORRAINE BROWN, the defendant herein , did knowingly and willfully combine, conspire, confederate and agree with others to commit certain offenses, to wit: a. execute and attempt to execute a scheme and artifice to defraud, and to […]

    Former Executive at Florida-Based Lender Processing Services Inc. Admits Role in Mortgage-Related Document Fraud Scheme – 2012-11-20
    Over One Million Documents Prepared and Filed with Forged and False Signatures, Fraudulent Notarizations U.S. Department of Justice November 20, 2012 Office of Public Affairs (202) 514-2007/TDD (202) 514-1888 WASHINGTON—A former executive of Lender Processing Services Inc. (LPS)—a publicly traded company based in Jacksonville, Florida—pleaded guilty today, admitting her participation in a six-year scheme to […]

  5. Just a quick question pegsworld123 is it moraly OK for Niko to take out a loan for over 400k and deposit over 200k in cash in her bank an not pay it back? She has a loan on the property for over 400k and stopped making payments. Does she deserve to live there for free. If the answer is it is ok then everyone should just stop make there payments since 85% of all mortgages were sold to a different entity. That way are whole banking system can go under and there will be no more loans or money to borrow. I am up for that. I would love to cash out 200k an not pay it back an be allow to live in my home for free.
    Please reply i would love to know the answer to the question. please just a simple answer. Again just to make it clear she took out a mortgage for over 400k in 2006 and she signed it.

  6. the WHOLE TRUTH matters

    ahhh…crazy little peggers is back spewing her hate since she has no factual information. Are you wearing your tinfoil hat to keep the NWO from hearing your thoughts too while you plot your coup upon corporate America?

    If asking for facts and not BS is “getting my panties in a twist” , that is great. Anyone with reading comprehension skills above a first grader can go back and read my previous posts. You will see that I stated that somewhere in the middle of the two extremes lies the truth. People today have learned how to abuse and twist the laws to re-finance or take a home mod loan, pocket the cash, then file a “strategic bankruptcy” in order to repurchase their homes later for a fraction of what they owed. Banks today, including WF, have done horrible things to people. Fault in some cases does NOT automatically prove fault in EVERY case. Every case is unique.

    NB agreed, in official court documents, to vacate her home willing. She then decided she was going to stay. Eviction notice was served and she was forcibly evicted from the home in question. To now come back and say “but…but….but…my things are in there” is not the fault of the bank. It was NB’s responsibility to ensure that her belongings where out of the property by the day that SHE officially agreed to vacate.

    As for this “fraudulent loan” : NB should have copies of her original loan agreement along with copies of monthly payment receipts. If she did not take out any of the alleged five loan mods, then she should have payment receipts where she was making payments to her original mortgage lender that add up to the total original loan amount plus interest. Where did this other $200,000 go?! Are you trying to say that her personal bank is doing WF’s dirty work and they created false deposits and false debits to show her spending the money? Why did she get the other person (I’m assuming an ex but who knows) who was listed on her deed to sign the property over to her the day before this alleged loan was taken out?

    As for the attorney taking this case pro-bono….they saw an opportunity to get free media coverage. Are they still working pro-bono? How much money has come in thru donations solicited by NB? Where is THAT money going?

    Any SANE person who reads my previous posts will see that I am NOT supporting either side. I am asking for FACTS and TRUTH before making an informed decision. If crocodile tears are enough for you to open your wallet, then hold on a second….I can work a few up and you can send ME some money.

  7. As with most cases the facts of this case has not properly made its way through court.
    It is through the process of discovery that the facts of the case are made known. Therefore, it is premature to state as fact what Niko “took out” or not. It has not been properly adjudicated yet.
    As stated in prior post, the documents that need to be examined are in the full collateral file – not county records. It takes a motion for production, approved by the judge in that particular case to order the bank(s) to produce it.
    Niko’s situation aside…

    What we do know by now is that a large scale pattern of conduct, which includes, in part, the fraudulent manufacturing and use of documents to take people’s homes, by banks, attorneys, and trustees, especially Wells Fargo, has been proven by the AGs and DOJ and has been admitted to.
    These are criminal acts.

    Vilifying her may make some people feel superior and safe from this, but it does not fix the underlying issues that have lead to millions of homes being taken in the biggest land grab in recant history.

    Lets just say for argument’s sake that she is wrong, crazy or whatever name you want to call her…Does that change the overall issues that her case brings to the forefront? Even if all the vial things you say about her were true- does it give the banks the power to tell law enforcement what they must do?

    Does it justify setting the constitution and the rule of law aside to achieve the end results?

    If it does, then it does not just apply to the Black case…it would set a legal precedent …it essentially becomes law…

    What is your solution to this reality…

  8. P. S.
    The whole banking system HAS gone under…Why do you think they got the billions of taxpayer money multiple times? Why do you think the gov took over Freddie and Fannie into conservatorship?
    Why is over 7 trillion dollars missing?
    Now the FHA is getting ready to demand a bail out too…

    Some how vilifying Niko overshadows the fact that it has been the banks all along that have taken us Americans to the cleaners…Were’s your outcry for that?

    Its not the Nikos of the world that is the root cause, but that is the propaganda put out by the world banking system that we seem to parrot.
    This is world wide.

    If we just focus on the Black case in a microcosm, then we miss the big picture. That’s their intention. ..

    They are systematically dismantling our economic system, dislodging us from out property in mass and coming after our guns…WHY???
    That’s were the real threat to you and me comes from…

    We are impotently arguing and blaming each other about were the smoke is coming from, while they are burning the house down all around us.
    By the time we figure that out – its too late.

  9. Thomas Jefferson said in 1802:
    “I believe that banking institutions are more dangerous to our liberties than standing armies.
    If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around the banks will deprive the people of all property – until their children wake-up homeless on the continent their fathers conquered.”
    He saw it coming…it came…we are blind…fingers in our ears…we did nothing…
    Wake the F*** up…

  10. the WHOLE TRUTH matters

    hey peggers – why don’t YOU wake the fuck up!

    EVERY branch of government has corruption in it. Every law can and has been twisted and abused. Hell, look at lobbyists. They legally bribe lawmakers to get their way. Look at the Big 3 Bailout for Ford, GM, and Chrysler. Billions of tax dollars went to them and instead of getting angry, people went out and got new cars. Look at how many trillions of tax dollars have gone to foreign aide. We send trillions of tax dollars that go unaccounted to countries controlled by the wealthiest people in the world. Why aren’t people writing their State Reps to demand the USA stop all foreign aide. Look at the $150 trillion that we spend each and every year on illegal aliens. But I bet you have no issue with illegals do you.

    You say the banks are the bad guys. This website, along with many others, appears to be devoted to proving the banks are evil. How many credit cards are in your (and everyone else reading this) wallet? How many thousands of dollars in debt on those credit cards? That debt belongs to the banks. People CHOSE that debt because they want the biggest, brightest, newest, shiniest, fanciest of everything.

    If you – along with everyone else reading this – want to TRULY change the world…if you TRULY want to abolish the banks and the corrupt government – the convince people that they need to live within their means. If everyone in the USA lived within their means – meaning they only bought what they could afford to pay cash for at the time of purchase – then the banks would not have a product to sell. Without a product to sell, the people have control over the banks. It will never happy though, peggers, because nobody wants to sacrifice. Nobody wants to do without all the crap the US government imported from China to shove down their throats on Black Friday.

    You know, we are the only country where “poor” is considered 2 cars, 3 flat screen TVs, one family living in a 2,000 square foot home, with multiple cell phones, internet access, and premium satellite channels. Then BANKS are not the problem – the SHEEPLE are the problem.

  11. Some people just can not deal with American AND world wide connected economic reality.
    Certainly if one is seeking truth and facts then one would do the research. Part of effective research is not reinventing the wheel…
    In my legal research for various law firms I do come across credible research sites and case law, which some in the blog tend to ignore completely. Even when it came directly from Niko Brown’s law firm!!!
    SO…if you are truthful about just seeking truth and facts what stops you from doing so…I have.
    No, instead, you belittle, name call, and accuse anyone of being a bleeding heart in the most immature way with anyone who does not agree with your non fact based assumptions,( for one that states it has so many degrees and certificates…degrees do not equate common sense…) driven by God knows what sick motive (I don’t even care or want to know…) even when discover-able facts presented.
    This undermines your own credibility, even if you did happen to make an occasional valid points: as it demonstrates that you are unwilling or unable to cognitively process facts or even just pick up the phone and go to the source yourself. No, you get dirty and make inappropriately personal attacks. There have been so many and lacking is any real substance that it comes across as some what humorous.
    That shows you are not interested in facts or truth – just making futile attempts for attention as you toot your own self righteous horn.
    But I will give you this – your a good proof reader for spelling typos!!!
    Just not research and fact checking…
    http://livinglies.wordpress.com/2012/11/26/major-economists-tell-obama-to-reduce-mortgage-debt/
    Major Economists Tell Obama to Reduce Mortgage Debt
    by Neil Garfield
    Editor’s Comment: I think Obama is stuck on the idea that correction of loans to reflect their true value is a gift to undeserving people — because that is the message he is getting from Wall Street. I have demonstrated on these pages that correction of loan principal is not a gift, it is paid in full, and even if you disagree with indisputable facts, it is the only practical thing to do as Iceland has clearly shown, with the only growing economy in Western nations.
    Now we find out that Obama was given exactly that advice 18 months before he won reelection. Let’s see if he does it. He sought got the advice of seven of the world’s leading economists who all agreed that reduction of household debt — and in particular the dubious mortgage debt that Wall Street is using to make more and more profit, is something that the administration should do right away.
    We can only guess why the administration has not done it, but I know from background sources that this ideological battle has been going on in the White House since Obama was first elected. What is needed is for Obama to take the time to get to know the real facts. And those facts show clearly that (1) the foreclosures that already were allowed to proceed did so on imperfected liens which is to say the right to foreclose was absent regardless of the amount and (b) the principal claimed as due on those loans was (1) not due to the people who claimed it and (2) far above the real amount that was due because the banks stole the money from insurance, credit default swaps and federal bailouts from investing pension funds and other managed funds.
    The banks claimed ownership of loans they neither funded nor purchased and also had the audacity to claim the losses and then overstated the losses by a factor of 10. The insurance companies and counterparties on the credit default swaps, along with the federal government, paid the banks who didn’t have a dime in the deal and therefore lost nothing. The investors received small pittances in settlements when they should have received from their investment bankers (agents of the investors) the money that was received.
    An accounting from the Master Servicer and the trustee or manager of the “pools” would clearly show that the money was received and not allocated in accordance with the contrnacts nor common law. As a result we are left with a fake loss that was tossed over the fence at the investors. Had they allocated the gargantuan payments received from multiple insurance policies on the same bonds and loans, the principal would be reduced anyway.
    This is why I keep saying that you should use Deny and Discover as your principal strategy and direct it not just to the subservicer who deals directly with the homeowner borrowers but also the Master Servicer who deals with the subservicer, the insurance companies, the counter parties on credit default swaps, and the federal government.
    Following the money trial will in most cases show that the lien recorded was imperfect and not enforceable because the party who was designated as the lender was not the lender, hence “pretender lender.” Following this trail from one end to the other and forcing the books open will show that most loans were table funded (predatory per se as per TILA reg Z) — and not for the benefit of the investors, but rather for the benefit of the bankers (a typical PONZI scheme).
    In an economy driven by consumer spending, the reduction in household debt will drive the economy forward and upward. The real total in many cases is zero after credits for insurance, CDS, and federal bailouts. If you leave the tax code alone, and let the “benefit” be taxed, the federal government will receive a huge amount of taxes that the banks evaded, but they would get it from homeowners, whose tax debt would be a small fraction of the mortgage debt claimed by the banks.
    The problem can be solved. It is a question of whether the leader of our nation studies the issues and comes to his own conclusions instead of being led on a string by Wall Street spinning.

  12. Here’s the rest …

    Failure to act will produce a wave of strategic defaults because like any business failure, the “businessman” — i.e., the homeowner — has concluded that the investment went bad and they will just walk away —

    resulting in another windfall to the banks who after cornering the world’s supply of money will have cornered the world’s supply of real estate.
    dc83f25e-2e87-11e2-89d4-040c9330702a_story.html

    Be educated – not stupid…

  13. the WHOLE TRUTH matters

    To set the record straight – I contacted NB’s law firm. Anyone who calls will get the “poor NB…we were asked to look into this by someone she knows and we agreed to take her case pro bono..” and a lot of other pretty media ready responses. I challenge any of you to directly contact them and ask did NB take out at least one of the alleged five loan mods and did she remove equity in her home during any of those alleged loan mods. You will not get a straight yes or no answer.

    The responses from those who claim to be educated are hilarious. Here’s a quick recap for those just tuning in….

    Truth: Did NB have a loan on this home and was she making payments? If so, then either where is the title or proof of payment? There appears to be more to this story than just what NB is showing….Yes the banks are bad but people are too. The truth is always somewhere between two extremes. If people would stop choosing to buy stuff they don’t need and can’t afford, then the banks would no longer have control. As long as the sheep line up at the feed trough, however, the banks will own them. How about some actual facts instead of crocodile tears…

    peg: Banks are evil…it ain’t 1999 anymore…legal documents and banks lie but nico black doesn’t..Cheroke proverbs….you cannot understand her passion because she is Indian…smoke and mirrors….crocodile tears….quotes taken from various random other websites in an attempt to appear intelligent…bullying…bullying…bullshitting (oops! sorry – meant bullying)… throws some Jesus out ….shows her “good Christian side” with threats of her personally sending Karma…. more bullshitting…bullshitting…bullshitting (yes – this time I completely mean bullshitting)….well we know that she never filed any police reports where fraud was committed against her and has shown no actual proof of fraud at any point in the last 4 years, but she’s NB – champion in a wheelchair so proof doesn’t matter! Yes, there’s all this official legal muckety-muck from the big bad bank and NB has presented no proof she has even made paymenys but so what!??! neeener neeener neeener *sticks out tongue and stomps feet as she runs to tell the teacher she didn’t get her way*….No one comes to her rescue because people are beginning to realize maybe Truth is on to something…blah blah blah more peg’s BS spewing like a broken septic pipe…. You’re mean! How dare you doubt that NB, a random stranger, would lie?! She iss a pretty woman with cancer and she’s Indian – that’s like a trifecta of PC perfection so there’s no way she would lie! You’re just a hater who doesn’t understand!!

    Truth: If you truly want to be free of banks, then choose to stop spending. Choose to live within your means. Choose freedom instead of slavery by the very foundation you profess to hate.

    (hears chirps from the peanut gallery while peg runs to look up more quotes and grab more smoke and mirrors………..)

  14. Niko Black’s attorney files a full Dismissal without prejudice on 11/29/2012
    11-529546

    Black vs. National Mortgage Network
    1) Defendants Wells Fargo Bank, N.A. and Atlantic & Pacific Foreclosure Services, LLC’s Demurrer to Plaintiff Niko Black’s First Amended Complaint

    2) Defendants Carrington Mortgage Services, Inc., Wells Fargo Bank, N.A. and Atlantic & Pacific Foreclosure Services, LLC’s Motion to Strike Portions of Plaintiff Niko Black’s First Amended Complaint

    Off Calendar. Full dismissal filed on 11/29/12.

  15. the WHOLE TRUTH matters

    Thanks Ron and Justiceleague00, however, would you mind spelling out exactly what it means when a highly experienced foreclosure attorney requests a dismissal without prejudice? (I know it means that there was no evidence to support NB’s case but there will be certain others who will not be able to grasp the fact that they were championing a liar)

    • In a civil case, dismissal without prejudice is a dismissal that allows for re-filing of the case in the future. The present action is dismissed, but leaves the possibility intact to file another suit on the same claim.
      This is to allow the re-filing of the case in the properly worded format and is often the first motion a qualified attorney files when picking up a pro se case.
      Black, Henry Campbell (1910). Black’s Law Dictionary. West Publishing Co.. pp. 931 .

    • Sorry I am getting back to your question late. Dismissal without prejudice in Niko Black’s civil case is simply a dismissal that allows for re-filing of the case in the future.

  16. the WHOLE TRUTH matters

    give it up peg.

  17. the WHOLE TRUTH matters

    Justiceleague00… It’s odd that when you call Stephen Golden Law Offices and ask if they plan on refiling and/or filing a new case against Wells Fargo on behalf of Niko Black they state “We do not have enough evidence to support Ms. Black’s case so will not be refiling or filing a new case against WF on Ms. Black’s behaf. At this time we are focusing on retrieving her belongings instead and getting her situated in a new property with donations received” and when you ask did NB take out at least ONE home mod / refi loan on the property after removing her ex-partner from the deed, and was there money left over from that transaction they state “No comment” .

    • Ms. Black’s case is differcult given the fact California is non-judical state in which there is no court action for homeowners to fight for their home if their case is proven that the home was seized illegally. To stop foreclosure (and that means if the servicer hasn’t responded to the homeowner), homeowner either has to sue or file bankruptcy. In Ms. Black’s case and her title, her mortgage loan was sold many times on Wall Street. It is very hard for Ms. Black’s attorneys to fight for her to keep her home that was part of securitization process. Ms. Black would need a securitization audit on her home that will prove if her loan was transferred properly into the securitization trust (originator–>sponsor–>dispositor–> issuing entity—>Trustee). All trusts were securitized in either NY or Delaware. Not many judges are not well knowledge in mortgage securization especillay in California. “Show me the note” method will not work. Many home in the US were sold on Wall Street whether a homeowner is facing foreclosure or current. Law in all 50 states need to be changed on books to reflect the current mortgage process. And as we speak, banks still can sell anyone’s loan on Wall Street but by law they now have to send a letter to homeowners of their new investor of their loan.

      In the case of Ms. Black, she is dealing with a civil case and bankruptcy case. And since she file for bankruptcy twice, she does have a differcult to fight Wells Fargo while battling a terminal illness. Black’s attorney seem to be focus on getting her belongings. From reading your comments by Black’s attorneys, it is hard to prove her case unless they have securitization audit and title examination on her property to have ammunition against the bank.

  18. the WHOLE TRUTH matters

    JusticeLeague00… Given the sheer volume of bankruptcies daily in California, perhaps efforts would be better spent pushing new legislation for homeowners rights. You say it is difficult, and that there are only two options available – lawsuit or bankruptcy. This has been going on for almost four years, there is no record of a lawsuit against WF filed on by or on behalf of NB. Why did she not start there four years ago? Why wait four years to even file bankruptcy? Why remove the co-owner of the property during the escrow process of the re-fi where over $200K profit is unaccounted for?

    I understand that loans are a commodity, bought and sold, however, when a loan is purchased it is usually taken over by the new bank/servicer and payments are then requested by the new loan owner. Even during the short time we held a loan on our property (only six years) it was sold. We started with Countryside and it was transferred to SunTrust. We found out it had been sold/transferred because the bill from the new bank arrived instead. We immediately called and requested all paperwork associated with the transfer and received it 10 days later. When NB began receiving loan payment notices from a different lender, did she question the process? And if not, then why?

    When I first read this story, I sided with NB. Then I began to notice the inconsistencies. The little things just did not add up. Every case is different, yes, but there are still paper trails in every case. There are cases listed here in your blog, for instance, where the wrong home was foreclosed on or the homeowner was incorrectly foreclosed, but those cases have documented proof where they are in the right. The homeowners answer questions directly and have proof in-hand. It makes the irregularities of NB’s case all the more obvious.

    If NB was unfairly foreclosed on, then I truly do hope she wins against WF. However, what evidence has been presented thus far does not support NB’s story. Who knows, maybe there is some deep, dark conspiracy at play here. Maybe developers are trying to steal the land from the entire neighborhood for a massive shady land deal. Maybe the lenders all came together to consipire against NB because she is American Indian or they knew she had cancer. Or maybe NB dropped the ball on her loans and re-fi’s, thinking the cancer would take her before she was held accountable. Odds are we will never know the complete truth on this matter because the fight will be dropped after a quick settlement because it is cheaper to settle out of court with NB than it is to fight her – even if she is in wrong. Odds are we will never hear another peep from NB’s law firm and that all the money donated to her will go unaccounted for, along with the profits from the re-fis.

    • Her case as well as other cases like Niko Black are differcult because California law is not up to date with securitization process with loans being sold on Wall Street. And homeowners in CA only have two options to fight for their home: lawsuit or bankruptcy. It is too bad there is no court action for banks to seize homes in CA. You make some important points about Ms. Black’s case. But, a securitization audit and a title examination should be done on Ms. Black’s property to show if her loan sold on Wall Street was properly transferred into trust and if the mortgage and note was separate in the trust. As I said, many of the judges don’t understand about the securitization process. I hope that Black’s attorneys can get a forensic examiner to examine her title from beginning to end. Eventually this has to come to an end between the bank and Ms. Black. But, her health is a bit concern as she has terminal cancer. But whatever decision comes out of this, regardless if the bank gets the home or not, the bank loses in the end because of the image and reputation on how the banks are treating distressed homeowners. Niko Black is a fighter who refuses to give up her rights to the bank (and it is her fight) but other homeowners that I followed who were Wells Fargo victims were not so lucky. In fact, a widow and her family sued Wells Fargo for wrongfully foreclosing and accused the bank of being responsible for her husband’s death. Bank repeatedly harrassed the husband which cause the husband to commit suicide.

      • I agree.Thank you for that well reasoned post. it is my understanding that the emphases is now on retrieving her medical equipment and other belongings and making her as comfortable as possible during her last days.
        She had a few hours of opportunity after court to try (with a guard) but upon arrival her belongings were apparently ransacked and items missing. Wells has not allowed her to return for them after that small window of time closed.
        I do not know if her attorneys will continue to fight her case after she passes in the name of her estate. I hope they do.

  19. WHAT THE HELL HAS HAPPENED IN CALIFORNIA? The stuff I’m reading is: Big Bank Rules And Can Steal What They Want In Terms Of Properly-Paid-Up Homes. When you can steal a home from a terminal cancer victim, there’s something very wrong with eviction law in CA. I started reading this because I was interested in the City of Glandale in California, GIFTING LAND to something called Anthem Realty (like Anthem Healthcare, maybe?!) in Glendale, CA…which then built homes on this land that they received as a gift, and (although Anthem did set aside a few apartments as requested, so that elderly people could finish out their lives in peace) then Anthem reneged. One old lady has been fighting these critters all by herself. But soon she’ll be tossed out by Anthem.

    WHAT KIND OF GARBAGE IS GOING ON HERE? WHY ARE EVICTION PROCEEDINGS ALLOWED WITHOUT CAUSE?

    Why is this GRAND THEFT, AMERICA being allowed, by fraudsters posing as legitimate banks??? Do the Republicans need money THAT BADLY, to keep their (ill-gotten) Governorships that they got in 2010—? At least, now we know how the Republicans did get in – by Redistricting and other forms of gerrymandering. This is clearly, where they’re getting the money to keep their seats, both in the House and Governors’ offices. From the Americans that BigBankUSA, has been stealing from, for quite some time now.

    WOW. One good thing? I showed all this to my husband, who was a fervent and loyal Republican – up till he saw this article. Now, he’s forcing himself to go vote Democratic. I told him, “it’s no use staying home and NOT voting – that’s just one vote less that these people have to contend with. Of course if you want to vote Republican, this is what you’ll be voting for. I’m sorry, honey. I know how I’d feel if my party turned out to be Wells-Fargo-type slimeballs. But you got to feel even worse that, behind everyone’s backs, laws like this were ‘passed’. Suppose it was Mom? (His mother and my beloved mother-in-law, died last year. Fortunately she didn’t live in Sleazeville, CA – uh, excuse me, GLENDALE CA.) Can you IMAGINE?! An elderly woman DYING OF CANCER AND BEING FORCED TO VACATE HER HOME? Like my husband said, “I can’t believe this is happening in America.” And I repeated, “Suppose it was Mom?”

    At which point he said “Come on” and ran out of the house to change parties and registration. I convinced him not to change his party – just, when he got into the voting booth, to get a copy of his filled-out ballot with the Voting Number on it. (“You can vote Democrat, all down the line, hon. It’s still a secret ballot, unless they change that, too…”) In case of a recount necessity or something…

  20. Avoid this woman at all costs. Devious liar. Narcasist. Munchausen syndrome. Addicted to Xanex. Needs mental help, but will do everything in her power not to get any help, including ruining anyone’s life who tries to help.

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