2010 September 27 | FORECLOSURE FRAUD | by DinSFLA

Archive | September 27th, 2010

WARNING |Reproduction or Transfer of This Constitutes Fraud

WARNING |Reproduction or Transfer of This Constitutes Fraud

I know what you’re thinking…”Negotiable Instrument” or perhaps a “Promissory Note”.

It’s a “Dollar Bill” that is fully a “negotiable instrument” with a cash value equivalent to a “promissory note”.

The purpose of this post is for you or perhaps a judge in your area can understand what might be exactly occurring throughout the nation every day. I am not an expert nor an attorney but am following what I believe is my understanding only.

If one fabricates a “negotiable instrument” and attempts to redeem this PERIOD:

  • Will not get anything transferred
  • Will be arrested for fraud
  • Anything attached to fraud is void
  • Everything acquired by fraud is confiscated

Reproduction or Transfer of  Fraudulent use of the similar counterfeit negotiable instrument below is punishable under applicable counterfeiting laws.

THE FLORIDA BANKER’S ASSOCIATION ADMITTED THAT NOTES ARE DESTROYED:

This is a direct quote from the Florida Banker’s Association Comments to the Supreme Court of Florida files September 30, 2009:

“It is a reality of commerce that virtually all paper documents related to a note and mortgage are converted to electronic files almost immediately after the loan is closed. Individual loans, as electronic data, are compiled into portfolios which are transferred to the secondary market, frequently as mortgage-backed securities.

The reason “many firms file lost note counts as a standard alternative pleading in the complaint” is because the physical document was deliberately eliminated to avoid confusion immediately upon its conversion to an electronic file. See State Street Bank and Trust Company v. Lord, 851 So. 2d 790 (Fla. 4th DCA 2003). Electronic storage is almost universally acknowledged as safer, more efficient and less expensive than maintaining the originals in hard copy, which bears the concomitant costs of physical indexing, archiving and maintaining security. It is a standard in the industry and becoming the benchmark of modern efficiency across the spectrum of commerce—including the court system.”

As is evident, they are aware that the notes were destroyed.

Lets say that this is your “Original Note” below and we all know that Reproduction or Transfer of this negotiable instrument constitutes fraud. Fraudulent use of this image is punishable under applicable counterfeiting laws.

According to what the FBA states above the physical documents were deliberately eliminated.” So if they were destroyed and not “affixed” together with the allonge, as was the case in my personal foreclosure?  Before filing a complaint the attorney must sign an affidavit of verification to this complaint. States as follows:

FORM 1.924. AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY

I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment.

How do they produce these notes as evidence after a complaint states the note is lost or lost or has been destroyed?

.

.

.

Oh I get it…an

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Try using the in-adverted color enhanced to simulate a  dollar “reproduced” as evidence to acquire goods.

Like many assignment of mortgages read:

Herein designated as the assignor, for and in consideration of the sum of $1.00 Dollar and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell, assign, transfer and set over unto ___________

NOTE: A transfer is made but now we know the notes were destroyed so where and how did they make delivery? Not to mention bifurcated at the closing??

Together with the note and each and every obligation described in said mortgage and the money due and to become due thereon

Foreclosure Mills are producing many of these in courts across the nation. A photocopy/ reproduction of a negotiable instrument used to make a transfer in exchange for consideration constitutes fraud.

So why do judges permit such fraud on the courts as evidence? They do know better.

Long story short is, If they cannot produce the original “blue ink” note, then there shouldn’t be any debt due. Plain and simple.

What ever happened to…

.

By the way things are going, it should have read…

[Just Make OR Create Any Copy ]

The reality pretty much told here, is that anyone can fabricate a fraudulent instrument, use this “copy” and so long as you are the borrower in foreclosure, anyone is entitled to your house but you.

Now, if these affidavits signed by these “Certifying Officers” are void the entire foreclosure case should be a void because they never had the evidence to swear that they are familiar with the amounts due or are custodian of the note if the physical documents were deliberately eliminated.”And if they are faxing, scanning and emailing these such fabricated documents doesn’t  this make this Wire Fraud.

I’m just saying.

I’ll take a candy bar with this dollar please…

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:)

Disclaimer: The information herein should not be taken as legal advice and is not a substitute for the assistance of a licensed advisor. I AM NOT AN ATTORNEY.

© 2010-12 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.
www.StopForeclosureFraud.com


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Posted in assignment of mortgage, bifurcate, CONTROL FRAUD, deed of trust, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, Mortgage Bankers Association, note, Supreme Court1 Comment

INDYMAC’S/ONEWEST FORECLOSURE ‘ROBO-SIGNERS’ SIGNED 24,000 MORTGAGE DOCUMENTS MONTHLY

INDYMAC’S/ONEWEST FORECLOSURE ‘ROBO-SIGNERS’ SIGNED 24,000 MORTGAGE DOCUMENTS MONTHLY

Please welcome Ericka Johnson Seck to the ROBO-SIGNER Hall of Sham!

MERS & LPS once again the “Common Thread”

Here is a list of her many Corporate Hats:

  • Vice President of Mortgage Electronic Registration Systems Inc. (MERS)
  • Vice President of Deutsch Bank National Trust
  • Vice President of Bank of New York
  • Attorney in Fact of IndyMac
  • Attorney in Fact of ONEWEST
  • Attorney in  Fact of FDIC

I must confess, she was my first study because she signed two assignments for “one” of my properties using “two” different employers. :) ‘<blush> I even created my very first youtube video in her honor (see below)!

Thanks to Judge Arthur Schack and Tom Ice from Ice Legal in Palm Beach County, we all became familiar with Erica for wearing too many corporate hats.

She is the “Robo-Signer” Judge Schack called out in three particular cases in NY and made her an instant foreclosure household name. I don’t think she ever emerged in NY soon after this. Also see the  HSCB v. Yasmin case.

Excerpt of DEUTSCHE BANK NATIONAL TRUST v. HARRIS

The Court is perplexed as to why the assignment was not executed in Pasadena, California, at 46U Sierra Madre Villa, the alleged “principal place of business” for both the assignor and the assignee. In my January 3 1, 2008 decision (Deutsche Bank National Tr (1st Canpuny v Maraj, – Misc 3d – [A], 2008 NY Slip Op 50176 [U]), I noted that Erica Johnson-Seck, claimed that she was a Vice President of MERS in her July 3,2007 INDYMAC to DEUTSCHE BANK assignment, and then in her July 3 1,2007 affidavit claimed to be a DEUTSCHE BANK Vice President. Just as in Deutsche Bank National Trust Company v Maraj, at 2, the Court in the instant action, before granting itn application for an order of reference, requires an affidavit from Ms. Johnson-Seck, describing her employment history for the past three years.

Further, the Court requires an explanation from an officer of plaintiff DEUTSCHE BANK as to why, in the middle of our national subprime mortgage financial crisis, DEUTSCHE BANK would purchase a non-perferforming loan from INDYMAC, and why DEUTSCHE BANK, INDYMAC and MERS all share office space at 460 Sierra Madre Villa, Pasadena, CA 91 107.

24,000 Monthly Documents executed by her team

Now Lets move on to this below… according to this deposition her office signs 24,000 mortgage related documents out of the this figure she signed about “750” a week making it approximately 3000 mortgage documents used in foreclosure cases. Anything from Affidavits of Debt, Lost Note Affidavits, Assignment of Mortgages, Declarations pretty much anything having to deal with Bankruptcy and Foreclosures.

This is what she signs without any notary present.

DEPOSITION OF ERICA JOHNSON SECK

Scribd

Below is a sale that happened in DC all in 1 single day! It appears she also puts properties in her name with her co-employees Roger Stotts and  Eric Friedman.

ROGER STOTTS  signs these as well and according to the depo above Indymac/Onewest is “NOT” the custodian as defined below. Why do they commit fraud?


FIRST VIDEO MADE OF DAVID J. STERN, ERICA JOHNSON-SECK BACK IN FEBRUARY 2010

© 2010-12 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.
www.StopForeclosureFraud.com


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Posted in assignment of mortgage, bogus, CONTROL FRAUD, corruption, deposition, deutsche bank, erica johnson seck, fdic, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, Former Fidelity National Information Services, investigation, judge arthur schack, Law Offices Of David J. Stern P.A., lis pendens, MERS, MERSCORP, Moratorium, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., notary fraud, note, onewest, robo signers, roger stotts, STOP FORECLOSURE FRAUD, stopforeclosurefraud.com2 Comments


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