2011 April 26 | FORECLOSURE FRAUD | by DinSFLA

Archive | April 26th, 2011

Michigan AG Schuette, Reg. of Deeds Bullard Probing Questionable Mortgage Documents

Michigan AG Schuette, Reg. of Deeds Bullard Probing Questionable Mortgage Documents

Contact: John Sellek or Joy Yearout 517-373-8060

LANSING
Michigan Attorney General Bill Schuette announced today that he is working with Oakland County Register of Deeds Bill Bullard, and other local and federal authorities, to look into questionable mortgage documentation filed with Michigan’s Register of Deeds offices during the current foreclosure crisis.

Bullard and other county officials have uncovered Assignment of Mortgage documents filed in their offices with signatures of some mortgage executives that appear to have been forged by many different people, raising questions about the authenticity of the documents.  For example, a recent “60 Minutes” news broadcast showed that the name “Linda Green” was signed to thousands of documents nationwide but with many different variations in handwriting.  Bullard, in a letter to Schuette today, said that his office has found many examples of these documents in its files, as have other county Register of Deeds offices, and plans to forward the questionable documents to the Attorney General’s office for review.

Schuette’s office is beginning the process of working with local, state and federal authorities to look into the problem.  Since late last year, the Michigan Attorney General’s office has also been a part of a 50-state Attorneys General workgroup addressing the robo-signing issue and other consumer protection issues.

“The idea that anyone would forge documents during a process in which a family is losing their home is absolutely unconscionable,” said Schuette.  “We are working closely with federal and local authorities to get to the bottom of this.”

“I want Oakland County residents going through the foreclosure process to be aware of this potential problem with their mortgage documentation and strongly encourage them to review their files,” said Bullard.  “My office will continue its investigation and work with Attorney General Schuette’s office as we find more questionable documents.”

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Source: www.michigan.gov

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FBI Investigating Alleged Forged “DOCX” Signature In Michigan

FBI Investigating Alleged Forged “DOCX” Signature In Michigan

MICHIGAN MESSENGER-

Curtis Hertel Jr., Register of Deeds for Ingham County, says that a discovery he made involving alleged fraudulent mortgage documents is now being investigated by both the Ingham County Sheriff’s Department and the FBI.

“Yes, this is, in my opinion, fraud,” Hertel said. “This is a situation where people were forging someone else’s name to a legal document to take another person’s property. That is fraud.”


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In foreclosure? Can’t be found? More Twisted, Conflicts of Interest.

In foreclosure? Can’t be found? More Twisted, Conflicts of Interest.

As if it hasn’t been a conflict when MERS is the nominee for the plaintiff but is also named or is the mortgagee for the defendant…what a total state of confusion.

Oh wait there’s more, and who signs and notarizes these documents entered as evidence in most cases?

TBO.com

TAMPA – When a lender fails to find a homeowner to notify them of a foreclosure lawsuit, a judge often appoints a guardian ad item. That attorney is supposed to represent the property owner’s interests.

But guess who typically picks the guardian? The lender’s attorney.


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www.StopForeclosureFraud.com


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Full Deposition Transcript of ROY DIAZ Shareholder of Smith, Hiatt & Diaz, P.A. Law Firm

Full Deposition Transcript of ROY DIAZ Shareholder of Smith, Hiatt & Diaz, P.A. Law Firm

Excerpts:

Q. So through that corporate authority as
Exhibit 4 to this deposition, MERS assented to the terms
Of this assignment of mortgage?

A. Through me.

Q. So it was you that assented to the terms of
This assignment of mortgage.

A. The one in this case, yes.

Q. And no one else.

A. Correct

Q. And you signed as vice president of MERS
acting solely as a nominee for America’s Wholesale
Lender; is that correct?

A. Yes, it is.

Q. How did you know that MERS was nominee for
America’s Wholesale Lender?

A. By reviewing documentation.

Q. What documentation?

A. I don’t specifically recall what I reviewed
In this case to see that, to determine that, but I would
have reviewed either the mortgage or I would have
reviewed other documentation that would have established
that to me.

Q. So in this case you don’t remember a single
Document that you looked at that would establish the
Nominee status of MERS for America’s Wholesale Lenders;
Is that correct?

A. I don’t

Q. Did someone at America’s Wholesale Lender
Tell you that MERS was acting as the nominee?

A. No.

Q. Did someone at MERS tell you they were
Acting as Nominee for America’s Wholesale Lender?

A. NO.

Q. Was America’s Wholesale Lender in existence
On May 19, 2010?

A. don’t now.

Q. Did you check that before signing this
assignment of mortgage?

A. No.

<SNIP>

Q. Now, you’ve said you review the MERS
Website and you’ve seen documents like this, like
Composite Exhibit 6. Any reason why you wouldn’t review
the documents contained in Exhibit 6 before executing the
assignment of mortgage?

A. It’s not necessary.

Q. Why not?

A. Because it’s not. Because I decided it’s
not.

Q. You as vice president of MERS?

A. In every possible capacity as it relates to
This case.

Q. Did you sign this assignment of mortgage
after being retained as counsel for the plaintiff?

A. After my law firm was retained?

Q. (Nods head.)

A. Is that the question?

Q. Sure.

A. Yes.

Q. Okay. So you executed an assignment to be
Used as evidence in your case, correct?

A. Sure.

Q. Is that a yes?

A. It’s a sure.

Q. Is that a yes o a no?

A. You said sure earlier. Was that a yes or a
No?

Q. Okay. So…

A. It’s a yes.

Q. It’s a yes.

And were you aware when you signed the
assignment of mortgage that MERS was a defendant in this
Case?

Scribd

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THEY ONCE WERE LENDERS – Understanding government’s failure to stop bankers OR scammers from destroying homeowners.

THEY ONCE WERE LENDERS – Understanding government’s failure to stop bankers OR scammers from destroying homeowners.

via Mandelman Matters-

Preface…

Sit down and relax… you’re going to need a comfortable chair.  But, I promise you… it’ll be worth it.

In the fall of 2008, news stories about “scammers” taking advantage of homeowners at risk of foreclosure started appearing frequently in the media.  I remember watching a prime-time national news magazine type program, I think it was 20/20, that was airing a story that featured a sleazy looking middle-age man in Denver, hurriedly walking from a small, strip mall store front to his car, his hand covering his face, as a reporter tried to ask him questions that he obviously did not plan to answer.

The story involved a company that had charged a handful of homeowners several thousand dollars up front to help them negotiate with their banks to get their mortgages modified.  The core issue being raised by the show’s host was that the homeowners had been victims of a scam because, as a couple of the homeowners interviewed were saying, their loans had not yet been modified.

I remember wondering, to begin with, how in the world such a story had become the subject of a national news magazine television program.  I mean, “Three homeowners get ripped off by small business in Denver,” is not usually the sort of event that makes national headlines.  The implication being made was that this case was emblematic of a more widespread problem, but nothing further was offered in the way of proof… no statistics, no additional facts… just statements about how homeowners should NEVER pay anyone up front to help them negotiate with their bank over a loan modification because they were “scammers.”


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