classaction@auroraloanvictims.com


FOR CLASSACTION ARTICLE, GO TO PG 2.  FOR CLASSACTION HELPFUL HINTS, GO TO PAGE 3.

June 2012 - Hi.  My name is Joy Schmidt and I live in Northern California in a suburb east of San Francisco.  I have never been a fighter, or a political activist or an advocate for victims.  But you hurt families and take their shelter, strip their hope, deprive them of their sense of well-being, rob them of their life savings, and pillage and plunder their safe haven.....well, there is going to be a backlash.  So watch out Aurora.  Homeowners are joining forces and telling their stories - the nightmares, the plights, the struggles, the ordeals. They want to expose you.  I will help them reveal the web of lies that they were told by you over and over again as they vigorously attempted to work toward an imaginary loan modification.  But while they were jumping through your hoops, meeting all of your demands, making their monthly payments, you were marching toward foreclosure and designing your game plan to rob them of their homes on court house steps. Watch out Aurora,  THEY ARE MAD AS HELL AND THEY'RE NOT GOING TO TAKE IT ANY MORE. 

I created this website over two years ago in an effort to arm these victims with information so there will be a more balanced battlefield.  I've contacted law firms across the U.S. to build a  network of attorneys to help homeowners.  Back in 2009, there weren't many that would touch foreclosure cases with a 10 ft pole.  And there were a few jumping on the bandwagon to victimize homeowners again. But most had to educate themselves before they could help the homeowners. Who would have thought 6 million people were about to lose their homes to foreclosure?  Each State has their own foreclosure laws.  One would think an attorney could easily fight these cases in court.  Wrong.  Why?  Because of a newly created monster called MERS - Mortgage Electronic Registration Systems. So no longer do assignments, transfers, sales of your mortgage loan have to be recorded at the county recorders office to track actual ownership and indebtedness.  MERS "tracks" your loan on their spreadsheet.  Your loan was sold multiple times as it was sliced and diced into pieces and transformed into mortgage backed securities.  It was supposedly deposited into a Trust held securely by a Trustee for the investors who put up the money to fund your loan.  So who is the owner of your loan?  Do you know?  It isn't Aurora.  Aurora is simply a servicer.  More than likely they do not have your Mortgage Note.  It may be held by a custodian in a warehouse somewhere in Texas.  Or it could have been destroyed because now your "Note" is a security.  But whoever is foreclosing must make it look like they "own" your loan and have every right the original beneficiary had.  So MERS (this spreadsheet of sorts) does some shuffling of phony assignments and substitutions and makes it all look official to transfer "ownership" to Aurora.  Who is actually doing this shuffling?  Robosigners employed by Aurora. 

There's even more.  Wall St. had another group of investors.  These investors bought collateral debt obligations.  Simply put, they bet against you.  They knew these mortgages would adjust in 3 or 5 years and you would go belly up.  They were betting on it.  So they took out insurance and made a bundle when you lost your house.  And don't ya think maybe Aurora took out insurance too. 

You must realize that Aurora doesn't make money by giving you a loan modification.  They make money by charging fees and penalties and creating a forced impound account.  They make money by charging you triple for property insurance that you didn't need because you were paid up on your own policy.  They take over your taxes and then charge an additional amount for a cushion.  That is how they create your delinquency. 

I understand many of your weren't late at all on your mortgage payments, but were instructed, in fact Aurora insisted, you go 90 days late in order to qualify for a modification.  Pretty sly.  Once you comply, they take over your taxes and insurance and charge double, triple and sometimes more.  You can't get out of that kind of delinquency especially when they won't provide any sort of accounting to tell you what the arrearage is.  It's a web they intentionally weave.

The stories are all the same, just the names are different.  I have thousands who have written me actually begging for help.  All I can do is listen and provide information to educate each and every homeowner and teach you how to help yourselves.  In some States I have attorneys to whom I can refer you.  I have attorney websites that are a great help.  I continue to compile hundreds of articles that I share daily via email.  One thing you can do is become politically active.  Find out who your local representatives are, who your Congressman is, who your Attorney General is and begin writing letters.  Be vocal.  Don't give in and don't give up.  The most important thing you can do is go down to the County Recorder and get copies of everything that has been recorded against your property.  I can help you examine those documents.  You'd be amazed at what you'll learn.  This could be your biggest defense.  

I have studied securitization for 2 years. You must try to get the name of the Trust through Aurora or through MERS.  Once you get the name of the Securitized Trust, I can help search the S.E.C. website and find the trust for you.  I have read thousands of pages of Trusts.  This will tell you who your original lender was, who is the Master Servicer, who is the Servicer, who is the custodian, and what the RULES are the Servicer must follow.  It's all in the Pooling and Servicing Agreement.  You'd be amazed at all the things Aurora is doing that they have no right to do - like tell you to go late!  

Now, I know you're wondering about the Class Action.  Yes, there is a lawsuit being handled by Hagen Berman out of Seattle, a powerful Class Action firm.  It was filed 2 years ago.  They were able to get past the Motion to Dismiss.  In other words, Aurora wanted to get the lawsuit dismissed and the Court said no basically.  It is not yet "certified" as a class.  I will keep you updated as to the status and whether you qualify to be a member of the Class.  You'll need to email me at jallayne@hotmail.com with a short summary of your situation and what State you're in.  The class action will begin with California homeowners and they are wanting to expand it  nationwide.

I am talking with other firms regarding a class action for those who were told to go 90 days late.  We are beginning to see those lawsuits around the U.S.  Jeff Barnes, a real trail blazer foreclosure attorney, has filed some of the first lawsuits about this issue.  

Also, if any of you have proof of being charged exorbitant amounts for "force placed" property insurance (Balboa Insurance Company), please let me know.  I have a powerful law firm in Minneapolis, Nichols Kaster PLLP, Attorney Kai Richter, who may be interested in talking with you.  Email me at jallayne@hotmail.com for what you will need.

If you need an attorney in CA, I have developed relationships with some of the best.  Be careful.  Don't just go out and randomly select an attorney because he/she says they specialize in foreclosures.  DON'T DO IT.  You must know who is winning their cases, who has taken cases to the Appellate level, what defense they use, do they understand securitization and its implications, etc. etc.  Some who I have great respect for are:  George Nicoletti, practicing in Ventura County in State Court; Gordon Dickson in Los Angeles, Michael Finley in Southern CA. to name a few.  Jeff Barnes practices in many States.  Gary Dubin is an excellent attorney in Hawaii. 

In addition, Neil Garfield, an attorney in Arizona, is developing a network of foreclosure attorneys throughout the U.S.  I'll keep you informed as that develops.  You can learn much about this fraudclosure from his website LivingLies.wordpress.com.

The good news is, these dirty little deeds are beginning to be exposed.  There are investigative reporters at the New York Times (Gretchen Morgensen), ProPublica (Paul Kiel), Huffington Post to name a few.  There was Dylan Ratigan who was a real fighter for justice, but has just recently changed career direction.  I'll miss him greatly. 

I'm sorry I have no room to write more.  Please feel free to email me to be put on my googlegroup email list and stay updated.

I'm sorry for all of you that have had to suffer at the hands of Aurora.  Our group is here to support you and keep you informed.  Don't give up the fight!!