False Statements

Scott Anderson
Deutsche Bank National Trust Co.
Law Offices of Marshall Watson
New Century Mortgage Corp.
Ocwen Loan Servicing, LLC

Action Date: October 21, 2010
Location: St. Petersburg, FL

On October 21, 2010, in St. Petersburg, Florida, Circuit Court Judge Anthony Rondolino dismissed the plaintiff’s First Amended Complaint in a foreclosure action, Deutsche Bank National Trust Co., et al. v. Donnie J. Decker, et al., Case No. 09-20548-CI-13, 6th Judicial Circuit, in and for Pinellas County, Florida.

The complaint was brought by Deutsche Bank as trustee for a mortgage-backed trust, Morgan Stanley Dean Witter Capital, Inc., under a Pooling & Servicing Agreement dated May 1, 2001. The original complaint was dismissed due to chain-of-title problems.

The amended complaint included an Assignment from New Century Mortgage Corp. to the plaintiff that was executed on February 17, 2010 by Scott Anderson in his capacity as an Executive Vice President of Residential Loan Servicing for Ocwen Loan Servicing, LLC through its authority as Attorney-In-Fact for New Century Mortgage Corporation. Regarding this Assignment, Judge Rondolino commented as follows:

“There is nothing about this assignment which would support a determination at the pleading stage that it is invalid. On the other hand, should evidence be presented at a summary judgment hearing that New Century Mortgage Corporation, LLC became the subject of a bankruptcy proceeding which resulted in a liquidation order, the validity of this assignment would be called into question. Then, absent specific proof that Ocwen had authority from either the bankruptcy court or the liquidation trustee, this disposition of New Century’s (the debtor in bankruptcy) asset there would be a disputed material fact precluding a summary judgment. These concerns however are not ripe at this time…”

In closing, Judge Rondolino warned the plaintiff and its counsel, the Law Offices of Marshall Watson, that any new complaint must be verified, in accordance with the revised Florida Rules of Civil Procedure.

Judge Rondolino then warned very plainly, “If it is thereafter determined that the verification was not based on an appropriate investigation or that the allegations were false, the Plaintiff and the person who signed the verified complaint will be subject to sanctions which may include dismissal of the action with prejudice, assessment of fees and costs, monetary or incarcerative sanctions and referral to the State Attorney for prosecution pursuant to F.S. 837.”

Rondolino’s concerns arose in part because the Assignment came after the foreclosure action was filed. Plaintiff’s law firm is one of four law firms under investigation by the Florida Attorney General for using forged and fraudulent documents in foreclosure actions.

Scott Anderson of Ocwen has been named in foreclosure opinions of Brooklyn Judge Arthur M. Schack as an individual who signs using many different job titles. The trust in this case had a closing date in 2001, but according to the Anderson Assignment, acquired Decker’s non-performing loan in February, 2010. These same or similar facts have been presented in hundreds of foreclosure cases across the country.

Almost every major robo-signer, including Liquenda Allotey, China Brown, Linda Green, Alfonzo Greene, Korell Harp, Bethany Hood and John Kennerty have signed as Attorney-In-Fact for New Century Mortgage Corporation in 2009 and 2010 to transfer mortgages to securitized trusts that closed years earlier.

Judge Rondolino’s opinion lays a blueprint for other judges to follow when presented with mortgage assignments that appear to have been specially created to facilitate foreclosures. It is the first opinion in Florida to warn of possible “incarcerative sanctions.” (Five different versions of the “Scott Anderson” signature are posted in the “Pleadings” section of this web site.)

~

Hilarious!

What happens when the Mortgage Bankers Association walks away from their $79,000,000 dollar building!

PLANTATION, Fla., Oct. 22, 2010 (GLOBE NEWSWIRE) — DJSP Enterprises, Inc. (Nasdaq: DJSP) (Nasdaq:DJSPW) (Nasdaq:DJSPU) today announced that it has instituted further staff reductions as a result of continued reduced file volumes. DJSP has reduced its staffing levels by an additional 198 employees, bringing the total number of layoffs to approximately 300 since the reduction in staff was initiated.

About DJSP Enterprises, Inc.

DJSP is the largest provider of processing services for the mortgage and real estate industries in Florida and one of the largest in the United States. We provide a wide range of processing services in connection with mortgages, mortgage defaults, title searches and abstracts, REO (bank-owned) properties, loan modifications, title insurance, loss mitigation, bankruptcy, related litigation and other services. Our principal customer is The Law Offices of David J. Stern, P.A. (“DJSPA”). We are headquartered in Plantation, Florida, with additional operations in Louisville, Kentucky and San Juan, Puerto Rico. Our U.S. operations are supported by a scalable, low-cost back office operation in Manila, the Philippines, that provides data entry and document preparation support for our U.S. operations.

Forward Looking Statements

This press release contains forward-looking statements about us within the meaning of the Private Securities Litigation Reform Act of 1995 (the “Act”), including but not limited to management’s expectations about the impact of our expense reduction efforts and recent developments in the residential mortgage foreclosure industry. Additionally, words such as “anticipate,” “believe,” “estimate,” “expect” and “intend” and other similar expressions are forward-looking statements within the meaning of the Act. Such forward-looking statements are based upon the current beliefs and expectations of our management and are subject to risks and uncertainties, which could cause actual results to differ from the forward looking statements. The following factors, among others, could cause actual results to differ from those set forth in the forward-looking statements: business conditions, changing interpretations of generally accepted accounting principles; outcomes of government or other regulatory reviews, particularly those relating to the regulation of the practice of law; the impact of inquiries, investigations, litigation or other legal proceedings involving us or our affiliates, which, because of the nature of our business, have happened in the past to us and DJSPA; the impact and cost of continued compliance with government or state bar regulations or requirements; legislation or other changes in the regulatory environment, particularly those impacting the mortgage default industry; unexpected changes adversely affecting the businesses in which we are engaged; fluctuations in customer demand; our ability to manage growth and integrate acquisitions; intensity of competition from other providers in the industry; general economic conditions, including improvements in the economic environment that slows or reverses the growth in the number of mortgage defaults, particularly in the State of Florida; the ability to efficiently expand our operations to other states or to provide services we do not currently provide; the impact and cost of complying with applicable U.S. Securities and Exchange Commission (“SEC”) rules and regulations; geopolitical events and changes, as well as other relevant risks detailed in our filings with the SEC, including our Annual report on Form 20-F for the period ended December 31, 2009, which are available at the SEC’s internet site (http://www.sec.gov). Forward-looking statements in this press release speak only as of the date of the press release, and we assume no obligation to update forward-looking statements or the reasons why actual results could differ.

[...]

And my duties at
21 that point was a consultant for certain investors that
22 we — that we acquired their pools of loans.
23 And I was that go-to person for that investor,
24 and it was Morgan Stanley and Goldman Sachs at the time.
25 And we acquired — we didn’t acquire, but I acquired

1 Ohio [phonetic] Savings as one of my relationships that
2 I had; and they — I was the go-to person for any of
3 their reporting, any questions they may have had on one
4 of their loans in their pools that we were servicing.
5 So I was that go-to person in client relations, and that
6 position –
7 Q. Can you define what being a go-to person
8 entailed?
9 A. Basically if there — again, if there was
10 questions on a particular loan in the pool, if there was
11 an acquisition or they were selling a certain pool of
12 loans, you know, they’d send me up the numbers reports.
13 Q. Okay. For example, you say questions regarding a
14 particular loan in a certain pool. What would be an
15 example of a type of question that you might get?
16 A. I may get a phone call from the investor, I’ve
17 got this particular loan that perhaps is in foreclosure,
18 REO, I need some details of what’s going on, where that
19 loan is at in the process of foreclosure, or perhaps it
20 was an REO. And then my job was to go to those
21 different areas, those different departments and get the
22 details for the client.

<SNIP>

4 Q. You have, okay. So it’s your testimony that
5 you’ve never seen this one, though?
6 A. Correct.
7 Q. Okay. But you did review all of the documents
8 that were produced in connection with this case?
9 A. This is the history that I reviewed.
10 Q. Okay. Not the question. The question was did
11 you review all of the documents that Wells Fargo
12 produced in connection with this case?
13 A. I did.
14 Q. Okay. Did you review all the documents –
15 MR. ALFIERI: Objection, form.
16 Q. (By Mr. Bartholow) Did you review all of the
17 documents that I produced on behalf of the Guevaras in
18 connection with this case?
19 A. I have.
20 Q. Okay. And so it’s your testimony that you have
21 never seen that document before?
22 A. I do not recall looking at this particular
23 account activity statement.
24 Q. Okay. Do you know how Wells Fargo determines
25 when and whether to charge a late fee?

1 A. I do.
2 Q. Okay. How do they do it?
3 A. Okay. After the — after the 15-day grace period
4 — and this is typical. Some notes can vary, but it’s
5 typical that the payment is due on the 1st of the month;
6 and after 15 days a late fee is assessed on the 16th of
7 the month. And typically that’s 5 percent of what their
8 payment is.
9 Q. Is it assessed every time?
10 A. Every — each time the payment is late, yes, a
11 late fee is assessed if it’s not received by the due
12 date or the grace period that’s been granted.
13 Q. Are there any exceptions that would be made?
14 A. Not that I’m aware of.
15 Q. Okay. Are you aware of any changes to Wells
16 Fargo’s accounting practices following April of 2007?
17 MR. ALFIERI: Objection, form.
18 A. I am not.
19 Q. (By Mr. Bartholow) Okay. And specifically with
20 regard to how Wells Fargo books receipts and pays late
21 fees from those receipts, have you ever heard of any
22 changes being made?
23 A. I have not.
24 Q. Okay. Are you familiar with Freddie Mac
25 Servicing Guidelines?

1 A. If it pertains to what I do on a daily basis,
2 yes.
3 Q. Okay. And what does that include?
4 A. General servicing of the loan. I do — I have
5 some knowledge of how the custodial files are held.
6 Q. How are the custodial files held?
7 A. It’s designated by Freddie Mac who the custodian
8 would be.
9 Q. I’m sorry, what is designated?
10 A. Who the custodial facility would be, who the
11 custodian would be.
12 Q. Where would that designation be, or how does
13 that designation — I mean, does it appear on a computer
14 screen? Is it in a file?
15 A. It — in general I’m just — no, it would not
16 be — it would not be — are you asking in relation to
17 this loan or just in general?
18 Q. I want to know what your knowledge is –
19 A. Okay.
20 Q. — regarding the custodial procedures pertaining
21 to Freddie Mac and their guidelines.
22 MR. ALFIERI: Okay. Ask — wait for the
23 question.
24 THE WITNESS: Thank you.
25 MR. ALFIERI: Mr. Bartholow will ask you a

1 question. Answer the question.
2 A. Okay. Could you re-ask the question, please?
3 Thank you.
4 Q. (By Mr. Bartholow) Okay. You stated a moment
5 ago that you were familiar with the custodian — custody
6 guidelines for Freddie Mac, correct?
7 A. Yes, correct.
8 Q. Okay. What are the custody guidelines for
9 Freddie Mac? What is your knowledge of them anyway?
10 MR. ALFIERI: Ask a specific question to my
11 witness, please.
12 MR. BARTHOLOW: That is as specific as I can
13 get.
14 Q. (By Mr. Bartholow) Please answer the question if
15 you can.
16 MR. ALFIERI: Objection, form.
17 Q. (By Mr. Bartholow) You can answer if you know,
18 if you’re able. If you’re unable, that’s fine. We
19 can — I can pull out some Freddie guidelines and we can
20 talk about them specifically.
21 A. Okay. Let’s move forward.
22 (Exhibit No. 10 was marked.)
23 Q. (By Mr. Bartholow) The document I am handing you
24 is a custodian certification schedule summary form
25 1034S. Have you seen this form before?

Just read this it’s very good…

.

Scribd

Via: NAKED CAPITALISM

As much as state attorneys general could be an effective force in acting for consumers and investors against banks, the fact that an attorney general has saddled up does not necessarily mean the effort is serious. At a minimum, it might just be a gambit to garner some good PR without seriously inconveniencing the perps; at worse, the action might be a pure Trojan horse.

Consider the curious conduct of one Bill McCollum, the lame duck attorney general of Florida. It appears that McCollum has been going after the foot soldiers in the foreclosure chicanery business (although some of them, like David Stern, head of the biggest foreclosure mill in the state, have earned a tidy fortune). His recent actions have targeted firms offering dubious foreclosure advice, and more recently, the foreclosure mills as well as a firm that may be best known for its real estate related document fabrication activities, Lender Processing Services, through its DocX subsidiary.

Now starting with these actors isn’t a bad thing at all; in fact, prosecutors often target low level criminals with the hope of getting them to turn evidence on the kingpins. And there is good reason to think McCollum has no interest in asking tough questions that will inconvenience bigger fry.

McCollum Is falling in with the banking industry party line. He appears to regard not disrupting the foreclosure process, a top priority of the financiers, as a worthy goal. Gee, isn’t preserving the rule of law and making sure no one is abused or defrauded the sort of thing his office is tasked to defend, not the functioning of markets or the bottom lines of banks? From the Wall Street Journal (hat tip reader f247):

“They’re training a lot of new people, and apparently now they are comfortable with the legality of their foreclosure process,” Mr. McCollum said in an interview. “The primary purpose of these meetings is talking about not having this stuff held back. It’s very important for us to not have a backlog of foreclosures. We already have a backlog. We don’t want it to get worse.”…

Mr. McCollum, Florida’s attorney general, said most errors in the foreclosure process have been “procedural,” adding that his top priority is to resolve the mess in a way that allows foreclosures to resume quickly….

The talks also centered on how to quickly get the foreclosure process moving again, according to the Florida attorney general’s office. Mr. McCollum described the meeting as more cooperative than combative.

Let’s look at the timeline:

By Michael Hudson

Posted by permission: This article comes from consumer/personal finance site moneytalksnews.com

By Stacy Johnson |

Foreclosure Mess: More Shoes to Drop?

This article comes from consumer/personal finance site moneytalksnews.com

You might also be interested in the following:

Tired Robo-Signers Let Other People Sign Their Names

Feel sorry for the poor robo-signer who had to sign 1,000 foreclosure files a day? Then here’s some good news: allegations are now surfacing that at least one robo-signer got help from co-workers.

The Mother of All Foreclosure Mistakes

Imagine standing in your front yard and watching as a car pulls up. A stranger gets out, walks up to you, verifies your identity, then serves you with foreclosure papers. Now imagine that you’ve never missed a mortgage payment in your life.

The Foreclosure Freeze – What It Means and Why It Matters

You’ve seen the headlines about banks stopping foreclosures – but if you haven’t yet realized the implications for every American, this is a story you don’t want to miss.