Posted on 31 January 2012. Tags: adam j. levitin, adam levitin, allonge, AMICUS BRIEF, assignment of mortgage fraud, fannie mae, foreclosure fraud, green tree servicing, Gregory M. Lemelson, HENRIETTA EATON, jamie ranney, john O'brien, marie mcdonnell, massachusetts, MERS, Monica Medina, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., mortgagee, Superior Court, U.S. BANK v. ANTONIO IBANEZ
If you want to know where the bodies are buried, look no further. Here are a few snips from Marie’s brief:
In what has become common parlance among those
investigating these securitization failures (including
the Securities and Exchange Commission and the
Department of Justice), we refer to this type of
transfer as an “A to D” assignment because it skips
over parties “B” and “C” and creates a “wild deed”
(especially in title theory states such as
Massachusetts).
The assignment of mortgage is the “breeder
document” from which all other paperwork necessary
to bring the foreclosure action; notice the sale;
obtain judgment; and transfer title depends.
“The Eaton Defect” as described in our amicus brief occurs when an entity, such as Green Tree Servicing LLC takes the mortgage by assignment and prosecutes a foreclosure in its own name when it neither owns nor holds the note.
“The Ibanez Defect” as described in this amicus brief occurs when an entity, such as Option One Mortgage Corporation, sells the loan for securitization purposes and later, after the loan has been sold multiple times, assigns the Note and Mortgage (or just the Mortgage) directly to the Trustee of the Issuing Entity (securitized trust).
Supreme Judicial Court
FOR THE COMMONWEALTH OF MASSACHUSETTS
NO. SJC-11041
SUFFOLK COUNTY
HENRIETTA EATON,
PLAINTIFF-APPELLEE,
v.
FEDERAL NATIONAL MORTGAGE ASSOCIATION & ANOTHER,
DEFENDANTS-APPELLANTS.
ON APPEAL FROM AN INTERLOCUTORY ORDER OF THE SUFFOLK SUPERIOR COURT
SUPPLEMENTAL BRIEF OF
AMICUS CURIAE MARIE MCDONNELL, CFE
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Posted in STOP FORECLOSURE FRAUD
Posted on 31 January 2012. Tags: Aaron Richard, advertisement, appeals court, GMAC, MERS, michigan, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., owner a, P.C., REVERSED AND REMANDED, sale, Schneiderman & Sherman, Vacated Judgment
Michigan Supreme Court
Lansing, Michigan
January 30, 2012
AARON RICHARD,
Plaintiff-Appellee,
v
SCHNEIDERMAN & SHERMAN, P.C.,
Defendant-Appellant,
and
GMAC MORTGAGE, and MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS,
INC.,
Defendants-Appellees.
_________________________________________/
By order of December 29, 2011, the proceedings in this case were automatically
stayed by the filing of a petition in bankruptcy. On order of the Court, the bankruptcy
stay having been lifted and the case having been reopened, the application for leave to
appeal the August 25, 2011 judgment of the Court of Appeals is considered and, pursuant
to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE the judgment of
the Court of Appeals and we REMAND this case to the Court of Appeals for
reconsideration in light of Residential Funding Co, LLC, f/k/a Residential Funding Corp
v Saurman, 490 Mich ___ (decided November 16, 2011).
MARILYN KELLY, J., would grant leave to appeal.
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Posted in STOP FORECLOSURE FRAUD
Posted on 31 January 2012. Tags: 50 state settlement, Abigail Field, attorney general, bank of america, Beau Biden, california, Catherine Cortez Masto, Covington & Burling, criminal, Cynthia Kouril, David Dayen, delaware, employees, Eric Holder, Eric Schneiderman, esign, fannie mae, fhfa, FHFA OIG, foreclosure fraud, Freddie Mac, gretchen morgenson, investigation, investors, Kamala D. Harris, kentucky, Lender Processing Services Inc., LPS, mail fraud, Martha Coakley, massachusetts, matt taibbi, mbs, MERS, MERSCORP, mortgage, mortgage backed securities, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Nevada, new york, obama administration, Pension Funds, Refinance, Representation, settlement, shahien nasiripour, tom miller, Trusts, UETA, wire fraud
FDL-
There are a few voices emerging suggesting that the current iteration of the “50 AG settlement” is somehow wonderful, or at least OK, because it only immunizes robosigning. “Only,” as if robosigning was some relatively benign peccadillo, instead of a massive conspiracy to commit forgery and perjury that is systematically driving our population into homelessness AND continuing to drive down the value of our homes…
[FIRE DOG LAKE]
image: sodahead
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Posted in STOP FORECLOSURE FRAUD
Posted on 31 January 2012. Tags: 50 state settlement, Abigail Field, attorney general, bank of america, Beau Biden, Bill Schuette, california, Catherine Cortez Masto, Covington & Burling, criminal, Curtis Hertel Jr., delaware, employees, Eric Holder, Eric Schneiderman, esign, fannie mae, fhfa, FHFA OIG, florida, foreclosure fraud, fraud digest, Freddie Mac, investigation, investors, Kamala D. Harris, kentucky, Lender Processing Services Inc., LPS, Lynn Szymoniak ESQ, mail fraud, Martha Coakley, massachusetts, mbs, MERS, MERSCORP, michigan, mortgage, mortgage backed securities, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., nationwide title clearing, Nevada, new york, obama administration, PAM BONDI, Pension Funds, Refinance, Representation, settlement, tom miller, Trusts, UETA, wire fraud
Via The American Independent -
AN OPEN LETTER TO BILL SCHUETTE
The Honorable Bill Schuette
Attorney General of Michigan
Mr. Schuette –
I have the utmost respect for you and your office, and I wish to commend your hard work
on the recent mortgage robo-signing crisis. The challenges we have faced in Michigan
concerning property fraud have been unlike anything we have ever seen before, and you
have been actively engaged in this fight with myself and the other Michigan Registers of
Deeds.
As you know, the deadline for Michigan to sign on to the 50-state mortgage fraud
settlement is February 3rd. I recognize that this is a difficult decision, and that there
are many factors to consider.
I am writing to ask that you stand firm, and refuse to add Michigan to any settlement
that would give criminal immunity to the defendants. Our ongoing investigations have
demonstrated that the major banks in this settlement, and their hired document mills,
were engaged in the practice of robo-signing. Hundreds of residents here in Ingham
County, and thousands of residents across the state, were illegally foreclosed upon
because of this practice.
These illegalities have stolen due process from our own citizens, and robbed them of
precious time that could have been used to recover and resume their mortgages, or obtain
a modification. A family who is facing a foreclosure is already vulnerable; this
practice insured that they could not possibly reclaim their home.
We have even received information in recent days that shows LPS, a document mill included
in the proposed settlement, specifically requested to have this criminal investigation
converted to a civil lawsuit. It seems clear that they are aware of their vulnerability
to these charges, and are attempting to save their company’s stock price by avoiding
responsibility.
All I am asking is that we treat the banks in the same way we would treat our own
citizens. If a person in Michigan were to commit fraud and forgery, and use these
practices to take someone’s property, that person would go to jail. I respectfully
request that we leave that same possibility open for the banks and corporations that have
committed those same crimes here in our state.
Sincerely,
Curtis Hertel
Ingham County Register of Deeds
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Posted in STOP FORECLOSURE FRAUD
Posted on 31 January 2012. Tags: Credit Suisse Group AG, criminal, misstatements, Mortgage Bonds, wall street
THIS is only the beginning, expect many many more in months to come.
WSJ-
Federal prosecutors are preparing to file criminal charges against former Wall Street traders alleging they misstated the value of mortgage bonds, an issue central to the 2008 financial crisis, according to people familiar with the matter.
The Manhattan U.S. Attorney’s office is planning to allege in a criminal complaint that several former traders at Credit Suisse Group AG, a major global investment bank, misled the bank’s investors by booking inflated prices of mortgage bonds to boost their bonuses, despite knowing the values of those securities had dropped, according to the people familiar with the matter.
Credit Suisse itself won’t be …
[WALL STREET JOURNAL]
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Posted in STOP FORECLOSURE FRAUD
Posted on 31 January 2012. Tags: attorney general, Catherine Cortez Masto, Clark County, employees, florida, Gary Trafford, Gerri Shepard, Indictment, Lender Processing Services Inc., LPS, NATIONAL DEFAULT SERVICING, Nevada, PAM BONDI, robo signers
If this isn’t proof something isn’t smelling right at the Florida’s AG’s office, I don’t know what this is?
When you read David Dayens article, keep in mind where the assignments came from… LPS/DOCx!
FDL-
We’re at T-minus four days for sign-ons to the foreclosure fraud settlement, and we know that Florida’s Pam Bondi is on board, despite pushback from advocates in her state, ground zero for the foreclosure crisis. There’s an interesting nugget buried in this article, though.
Bondi spokeswoman Jennifer Meale said in an email that their concerns are “misguided” because the settlement would provide a historic level of monetary relief and will overhaul the mortgage industry.
“Rather than engaging in political grandstanding, Attorney General Bondi is working hard to reach an agreement that gets Floridians substantial relief now and holds banks accountable for their misconduct,” Meale wrote.
The settlement is expected to provide $1,800 each for about 750,000 families across the country. It is a response to such practices as “robo-signing” by bank employees who often knew little or nothing about the mortgage documents they were hired to sign.
Nevada, New York, Delaware, New Hampshire and Massachusetts contend the deal isn’t strong enough because it would protect banks from future civil liability.
It will not, though, fully release them from future state criminal lawsuits.
Put aside Bondi’s dissembling for a second …
[FIRE DOG LAKE]
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Posted in STOP FORECLOSURE FRAUD
Posted on 31 January 2012. Tags: attorney general, Catherine Cortez Masto, Clark County, employees, Gary Trafford, Gerri Shepard, Indictment, Lender Processing Services Inc., LPS, NATIONAL DEFAULT SERVICING, Nevada, robo signers
JACKSONVILLE, Fla., Jan. 31, 2012 /PRNewswire/ – Lender Processing Services, Inc. (NYSE: LPS), a leading provider of integrated technology, data, and analytics to the mortgage and real estate industries, today responded to the civil complaint filed by the Nevada Attorney General against the company in December 2011.
In the company’s Motion to Dismiss, LPS makes clear that the Attorney General’s complaint contains significant legal defects which require the court to dismiss the complaint with prejudice. Perhaps most significantly, LPS points out that the Attorney General’s complaint fails to allege that any document executed by subsidiaries of LPS was incorrect, contained errors, or caused any borrower financial harm.
“LPS filed this Motion to Dismiss in response to the allegations made by the Nevada Attorney General,” said Hugh Harris, LPS president and chief executive officer. “Although we have to defend ourselves against allegations that we believe are untrue, we remain committed to working with the Attorney General’s office to resolve these matters.”
To review the Motion to Dismiss, please click here or visit http://www.lpsvcs.com/LPSCorporateInformation/MultimediaLibrary/PublishingImages/LPS_DefendantsMotionToDismiss.pdf
About Lender Processing Services
Lender Processing Services, Inc. (LPS) is a leading provider of integrated technology, services and mortgage performance data and analytics to the mortgage and real estate industries. LPS offers solutions that span the mortgage continuum, including lead generation, origination, servicing, workflow automation, portfolio retention and default, augmented by the company’s award-winning customer support and professional services. Approximately 50 percent of all U.S. mortgages by dollar volume are serviced using LPS’ loan servicing platform, MSP. LPS also offers proprietary mortgage and real estate data and analytics for the mortgage and capital markets industries. For more information about LPS, visit www.lpsvcs.com.
SOURCE Lender Processing Services, Inc.
Back to top RELATED LINKS
http://www.lpsvcs.com
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Posted in STOP FORECLOSURE FRAUD
Posted on 31 January 2012. Tags: Bet, foreclosure fraud, Freddie Mac, henry paulson, Housing Crisis, sub-prime mortgages, Treasury, Treasury Secretary
Do you think this has anything to do with this?
How Henry Paulson Tipped Off Hedge Funds of Fannie Mae Rescue
Could he also be tied to this?
Yahoo-
The Treasury Department is investigating a report that Freddie Mac, the mortgage giant, bet against homeowners’ ability to refinance their loans even as it was making it more difficult for them to do so, Jay Carney, a White House spokesman, said on Monday.
The report came just as the Obama administration had been escalating its efforts to push Fannie Mae and Freddie Mac to ease conditions for homeowners, including those who owe more on their mortgages than their homes are worth.
Last Friday, the Treasury announced that it would offer increased incentives to lenders to forgive portions of homeowner debt, saying pointedly that for the first time the incentives would be offered on loans held by Fannie and Freddie.
[YAHOO]
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Posted in STOP FORECLOSURE FRAUD